Regular City Council Meeting May 17, 2022

Remote, via teleconference · 3 hours 6 minutes · 1219 caption units

Council: Gabe Quinto, Mayor · Lisa Motoyama, Mayor Pro Tem · Janet Abelson · Paul Fadelli · Tessa Rudnick

Staff: Karen Pinkos, City Manager · Paul Keith, Police Chief · Elise Warren, Police Captain · Sky Woodruff, City Attorney

The military equipment policy gets its first reading. The Chief walks the entire inventory — submachine guns, projectile launchers, tear gas, a drone. Four public commenters, two from the American Friends Service Committee, one of whom has reviewed more than sixty or seventy such policies, tell the Council this one does not comply, principally on assault rifles, AB 48's limits, and the independent oversight the law requires.

These summaries are written with AI. An AI model (Claude, by Anthropic) drafted the summaries, titles and notes from each meeting’s closed captions, and they were checked against those captions. They can still be wrong, leave out something that matters, or weigh things differently than you would.

  • Captions are automatic and unedited. Names and words are often misspelled or misheard, and quotations carry those errors.
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Check anything that matters against the captions beside each summary, or the City’s recording. How these pages are made

SSignificantXCross-referenceNNote

Contents

29 sections
  1. 01A budget calendar, and a new captainN
  2. 02Ninety-seven billionS
  3. 03Reports: school officers, SB 1383, CalPERS
  4. 04“The takings clause”S
  5. 05Four hundred spaces for eight hundred flatsS
  6. 06A letter pulled from consentS
  7. 07Who sits on the boardN
  8. 08Turkeys are not vectorsN
  9. 09Why the ordinance existsS
  10. 10The inventory, item by itemS
  11. 11Tear gas, and what the city doesn't ownS
  12. 12“We don't have a SWAT team”S
  13. 13Beanbag roundsN
  14. 14A compressed air platformS
  15. 15“A high standard”S
  16. 16“Ninety percent of them”S
  17. 17“It's just a matter of making sure”S
  18. 18“I wish we had a different world”S
  19. 19A heavy lift
  20. 20The master fee scheduleX
  21. 21Regular increases against sudden onesS
  22. 22A whereas clause, drafted liveN
  23. 23Who is in the roomS
  24. 24Why the agreement is being extended nowS
  25. 25Not yet feasible on hillsS
  26. 26“At no change in solid waste rates”S
  27. 27“Still in the garbage business”N
  28. 28“I want to thank Garth”N
  29. 29Liaison reports, and a new way to voteX

01 A budget calendar, and a new captain captions 1–57

0:01:09Karen Pinkos (City Manager): hi.

0:01:11Councilmember Abelson: I think I want to keep the old meeting schedule not try to change it Okay, I can I can't make it work.

0:01:19No problem okay.

0:01:21Karen Pinkos (City Manager): yeah so yeah next week we I still have to cancel, but we can do that.

0:01:24yeah we can figure it out we'll figure it out yeah okay.

0:01:28No problem, no worries I like lunch better than breakfast anyway.

0:01:33I do too.

0:01:36Councilmember Abelson: Definitely don't like breakfast.

0:01:38Karen Pinkos (City Manager): yeah not a morning person.

0:02:58Okay, may we are all set everyone is on the call so once we hit seven o'clock please feel free to begin.

0:03:03Mayor Quinto: A good.

0:03:35Good evening everyone the may 17 regular City Council meeting is called to order at 7pm will the city clerk please call real call.

0:03:45Your King so.

0:03:47Your mayor pro tem much yama.

0:03:50Council member abramson.

0:03:52Councilmember Abelson: Here here.

0:03:53Council member fidelity.

0:03:54Here Council member redneck here we have a corn.

0:04:00Mayor Quinto: pledge allegiance to the flag or observation of a moment of silence I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation.

0:04:12Under God visible lubricate.

0:04:18Paul conference play a comment instructions man Clark, please provide instruction.

0:04:25Thank you mayor for those participating as a panelist please keep your microphone muted whenever you are not speaking.

0:04:31To ensure compliance with the brown act and to address security concerns attendee images and videos will remain disabled, as well as the chat feature for all participants.

0:04:40for members of the public who wish to provide oral testimony the mayor will announce the time for public comment on each applicable item.

0:04:47If you wish to speak, please select the hand icon to raise your hand.

0:04:51If you cannot locate the icon please refer to the document linked, on page one of the agenda for the raise hand feature.

0:04:58attendees joining my phone can dial star nine to raise their hand.

0:05:02When it is your turn to provide comments your name will be called and you will be prompted to unmute yourself attendees joining by phone will be prompted to dial star six to unmute themselves Thank you mayor, that concludes my instructions okay.

0:05:15Mayor Quinto: Very good next is Council step communications and i'd like to introduce city manager carrick pincus good evening.

0:05:23Karen Pinkos (City Manager): Good evening, thank you, your honor Hello everyone an update on our local emergency which is pretty much status quo, although I do know that we have had some.

0:05:35You know, a couple steps forward a couple steps back when it comes to what's happening out there with coven.

0:05:41i'm looking at the county website, again, I always encourage everyone to go to coronavirus.cc health.org they have a wealth of continuing information.

0:05:51They are encouraging people again, there are some.

0:05:54outbreaks happening luckily, because so many people are vaccinated we're not seeing a lot of hospitalizations and deaths, although that could be creeping up, as always, we need to be really careful, so we do encourage people to wear masks even indoors.

0:06:08we've I think all of us on this call have recently we know people who have recently just tested positive as of several days ago, and so.

0:06:19Just again we have to continue to be really careful we today, the Federal Government announced that eight more covert tests can be mailed to all household so go to the.

0:06:33find the link, but if you even just Google coven 19 free testing usps COM, they will be able to put in your address, and you will get sent eight new free tests.

0:06:47As far as the city's concerned again we're still planning on having our first in person hybrid meeting as of June 7 so still on so fingers crossed that we can still do that because I know that we're all definitely excited about.

0:07:03Going back in person, but we do want to make sure we're being careful and certainly we are working with our city attorney we're working.

0:07:10With the city clerk and looking with other cities what they've been doing, making sure that we are distanced and masked and available to to safely provide an in person meeting so we're definitely looking forward to that and, like I said fingers crossed, we can still do that.

0:07:27And then, lastly, I just want to remind everyone of the upcoming schedule for budget and budget discussion and budget workshops, so we are having a holding.

0:07:36The city council and that financial advisory board are hosting a joint meeting next week at six o'clock on may 24 to do a budget workshop at that workshop, we will discuss their preliminary budget numbers.

0:07:49Are 10 year projection model and all the departments will discuss their major expenditures and revenue for this year.

0:07:57Then on June 7 we will do the full city wide with general and special funds budget presentation and that will be again June 7 at the regular Council meeting starts at seven.

0:08:09The FAB is having financial Advisory Board is having a special meeting of leave at six o'clock on June 16, which is the following Thursday and then.

0:08:20The regular City Council meeting of June 21st will be another budget hearing an opportunity for the City Council to ask questions and then the first opportunity for the City Council to approve the budget or.

0:08:33schedule further special meetings as in advance of having to pass the budget approved the budget by June 30 so that's the upcoming.

0:08:44schedule and that's all on our website and we will continue to remind everyone of that will put that out on social media and then last but not least, I would like to introduce our police chief bulky who has another very special introduction.

0:08:59Paul Keith: evening Council on policy through chief of police, thank you for giving me a moment to introduce our new police Captain at least Warren and she just jumped onto the phone call.

0:09:08So Captain Warren most recently came to us from the city of claim or she served as the chief of police prior to that she worked for the contra Costa county sheriff's office as an assistant sheriff.

0:09:19Captain Warren comes to us with a wealth of experience and ideas about police work.

0:09:24And she has some really great perspectives on law enforcement, because she served in an agency that was both very large and she also started an agency that was quite small so she's got kind of the.

0:09:34whole gamut of law enforcement experience that she's bringing to bear on Elsa Rita.

0:09:39we're really excited that she's getting up to speed quickly and i'm certainly you're going to be seeing her around town and city events and Captain worn if you might say a couple words we'd love to hear them.

0:09:49Elise Warren: I thank you so nice to meet all of you it's been a great first week and a half and just getting to know the staff and the city and very excited to jump into a new adventure and bring my experience and learn something new, so thank you for having me.

0:10:08Karen Pinkos (City Manager): Great wonderful Thank you chief Thank you Captain welcome we're super excited to have you and with that your honor concludes my communications Thank you so much.

0:10:18Mayor Quinto: Okay, thank you very much thank you chief Keith and welcome to Captain ELISE warm welcome Elsa read up.

The meeting opened remotely, with the City Manager giving the pandemic position: “a couple steps forward, a couple steps back.”

Outbreaks were happening, but “because so many people are vaccinated we're not seeing a lot of hospitalizations”. The federal government had that day announced more free tests.

The city was still planning its first in person hybrid meeting, checking what other cities had done.

Then the budget calendar, which is the spine of the next five weeks: a joint meeting with the Financial Advisory Board next week covering the ten year projection model and departmental expenditures; the full citywide presentation on 7 June; a special Board meeting; and a further hearing on 21 June, with authority to schedule more “in advance of having to… approve the budget by June” 30.

The Chief introduced Captain Elise Warren, who had served as a chief of police previously and came with “a wealth of experience” from agencies both large and small.

Her own account: “it's been a great first week and a half.”

Note

The budget calendar is announced five weeks before adoption, with authority reserved to add meetings. The Financial Advisory Board asks for exactly that on 21 June and is voted down two to three, on the ground that the 30 June deadline left no room.

02 Ninety-seven billion captions 58–80

0:10:26Mayor Quinto: And we will go to.

0:10:31counts Council reports any reports from our Council.

0:10:39Council member Rebecca.

0:10:42Councilmember Rudnick (she/her): Thank you mayor there's been a few things that have happened since our last Council meeting.

0:10:47And I met with Congressman garamendi he came to Elsa Rita which was really lovely for him to meet with our Rotary club I then joined him and the mayor was with me for that as well.

0:10:58We went to contra Costa college and got a tour of their brand new science building.

0:11:03It is a fantastic building also got a tour of some of the different vocational programs that contra Costa college offered.

0:11:10I was really surprised to learn that, for the automotive program for both auto body, as well as mechanics.

0:11:16There has been such a need for the these folks to be trained up because, for every two mechanics that are retiring or leaving the field, only one is being replaced and for these programs, they have.

0:11:29They have a scholarship, not only do they have scholarships, but they have employment while you're in the program so they're paying for your tuition and you're getting.

0:11:37paid a salary, on top of that, so these are fantastic programs that I hope that young people in our Community, who don't think that the four year college is their path.

0:11:47going to contra Costa college, I know Council member fidelity it was very vital in his own development, it is a fantastic space to be in.

0:11:56I also attended the League of California city city leaders Summit last week in sacramento.

0:12:02I was joined by the city manager Karen pincus as well as Mayor quinto and I moderated a panel on intergenerational leadership, while I was up there, and I was joined by colleagues from San Pablo panel in San Rafael.

0:12:18And I also one of the things we did when we were up there in sacramento was we were discussing the state surplus.

0:12:27On Wednesday, we were being told that the projected surplus for the state of California would be about $70 billion that's billion, with a beat.

0:12:36Turn and then on Friday when the governor's budget came out that surplus is actually $97 billion, so we want to make sure that that.

0:12:47unfunded mandates that the state has for local government is being addressed with the surplus and we're really trying to make sure on the city level.

0:12:56That we're able to continue our fantastic work, because we know that the state is doing great work and they have the surplus, so we hope that there's some spreading of that support and that concludes my remarks, thank you.

0:13:08Mayor Quinto: Thank you councilmember fanelli.

0:13:10Councilmember Fadelli: Yes, thank you i'm after the mayor and you have the tour of the science building I stayed for the ribbon cutting.

0:13:16Along with the Mayor of San Pablo it's very exciting it's a, it is a gorgeous building, I wanted to say Hats off to the trail trekkers and the city employees that helped.

0:13:26For the hillside festival, it was a glorious weekend beautiful I wasn't here on Saturday, but Sunday was wonderful and I went to a lecture so it's a great event.

Rudnick reported from a tour of Contra Costa College's new science building and its vocational programs.

What surprised her was the automotive program: such need that “for every two mechanics” retiring or leaving the field, only one is being replaced — and students receive not only scholarships but employment while training, “paid a salary on top of that.”

Her hope: that young people in the city would consider it.

From the League of California Cities summit in Sacramento, where she moderated a panel, came the number of the evening.

On Wednesday the projected state surplus was about $70 billion; “then on Friday when the governor's budget came out that surplus is actually $97 billion.”

What she wanted from it: that the unfunded mandates the state imposes on local government be addressed with it.

Fadelli reported on the ribbon cutting and the hillside festival.

Significant

A $97 billion state surplus, up from about $70 billion projected two days earlier, is reported to the Council. The councilmember's ask is that unfunded state mandates on local government be paid for out of it; the Mayor Pro Tem reports the same Cal Cities push, and the Mayor puts El Cerrito's cost for SB 1383 compliant containers alone at over $1 million.

03 Reports: school officers, SB 1383, CalPERS captions 81–129

0:13:37Councilmember Fadelli: I also want to announce that there will be a special especially scheduled meeting of the human relations Commission tomorrow, not on its normal night at 7pm and more details in the agenda on our website, thank you.

0:13:54Mayor Quinto: mayor pro tem akiyama.

0:13:59Mayor Pro Tem Motoyama: Thank you mayor, I just wanted to do a quick report out I did attend as a main my colleagues also did the calcium division meeting for the East bay and I think one of the takeaways I served on the housing Community economic development.

0:14:17Policy Committee and that really the really the strong feeling for supporting housing efforts.

0:14:24With the calcium, which is, which is a change from the past, and so I think we're all out advocating very strongly.

0:14:33To support housing efforts and also as Council member rudnick said that really calcium is really pushing to make sure that any unfunded mandates that are.

0:14:43put on local government are funded first So hopefully that will result in our ability to also not only just provide additional housing resources, but also to address any other shortfalls that come from statement.

0:14:59Thank you ma'am.

0:15:00Okay.

0:15:00Great.

0:15:02Mayor Quinto: Also i'd like to report that.

0:15:06That, I will be signing a joint letter with the West county unified school district regarding a budget request for social and emotional and school climate funding so but but i'm also concerned and I definitely would on board with the mayor's to.

0:15:30Work with the school district, to bring our sro officers back, we have had a number of problems dealing with guns in schools.

0:15:40Including Elsa rainbow high and all the other high schools here in West county and and that's going to end and hopefully with our sorrows we can you know stop that ahead of time and and they've done a fantastic job and.

0:15:57While we had the sorrows previously in stopping gang activity and stopping guns and drug dealing, they were at school and.

0:16:11Unfortunately, many of that is returning again, so I look forward to working with our school trustee for else rido in kensington and bad as.

0:16:21trustee Leslie regular and the new superintendent Dan I look forward, and having them give us an update for the West county schools in the summer sometime.

0:16:34So I also want to mention that, along with cast Member fdic and city manager Karen pincus I did attend the League of California cities and as board member they had us.

0:16:48participate in a press conference which was shown in throughout California and was glad to do that I spoke regarding.

0:17:01The landfill disposal of organic waste 75% over the next three years and to increase edible food waste recovery by 20% 1383 we are.

0:17:16Asking for 180 million dollars to implement this and hopefully the governor will support this because the total cost of inflammation implementation.

0:17:32will cost from 20 to $40 billion statewide that's why we're asking for this extra funding, and you know just, for example, the city of El circo that's going to cost over $1 million alone.

0:17:47To for the cost to switching our trash and recycling collection containers to be color compliant so that's $1 million alone so.

0:17:59I look forward and working with the state of California was Center Skinner and assembly Member buffy Wicks to make sure that.

0:18:08Our partners in sacramento work with cities and work with the legal California cities to make sure that cities are not going to end up with the tab on this, we need the support from the state of California and the governor.

0:18:25So, also with the meetings that I attended.

0:18:29I wanted to mention that.

0:18:32We are opposing two bills calling for calipers dis dis invest disinvestment so that's eight SP 1328 from the wire and SP 1173 Gonzalez and.

0:18:501328 require calipers to divest from all companies with business operations and Russian and Bella Bruce.

0:18:58sb 1173 would prohibit calipers from renewing or making any new investments and fossil fuel companies and require them to liquidate any related investments before July 1 2013 so I appreciate.

0:19:13Our board member mayor Liesl Middleton in palm springs she's on the calipers board with our treasurer Fiona ma and I plan to win invite one or both in the future to.

0:19:31Give us an update here for the City Council sometime this year also were voting unless amended a B.

0:19:40That will create a new state were opposing this unless a man dead it's a California housing authority, the agency would be able to produce and acquire housing without following local density high.

0:19:55Design review or any other development standard we voted to support it, amend ab 2295 and this bill would it allow school districts, to build housing developments on their property have certain requirements are met.

0:20:10amendments would allow cities to uphold parking standards traffic mitigation standards and other local zoning regulations and you look at how.

0:20:20There was an article in the paper, for example, for a home that was sold and Elsa rido.

0:20:25A million dollars over the asking price, so you know we have a shortage of housing, and I support housing for all, and that includes market rate the missing middle affordable.

0:20:37and very low income so proud to say that Elsa Rita is one of the few cities is doing it, and I hope the city surrounding Elsa reader will follow our lead and say, yes, some of these projects, I also voted to support.

0:20:56SP 1326 from capillary, and that is a bill that were allowed the lawful import and export of cannabis to other states will legal cannabis laws.

0:21:08And we are going to reconsider the single use plastic ballot measure in our next meeting in July, we did not have the boats on that, although the.

0:21:23The Bay area.

0:21:26board members did support that overwhelmingly and the.

0:21:31Environmental Policy Committee, meaning, we did support that and that was a majority, it did not, however.

0:21:40Make the boat and this weekend's meeting so, but that is that that I just want to say thank you to councilmember redneck and and Karen pincus for participating in the summer.

0:21:53is great to finally meet up in person and meet with our colleagues throughout California, so thank you again so well with that we're going to go to oral communications from the public.

0:22:07At this time, members of the public who wish to provide.

0:22:10Public comments regarding matters, not on the agenda consent items and presentation items should use a raise hand feature to request to speak so now city clerk Please proceed, and let me know how many people, we have raising their hands.

0:22:28Thank you mayor i'll quickly announced by the 4pm deadline today the written public comments received were provided directly to the city council members and posted online and supplemental materials we received.

0:22:41Comments for items, not on the agenda from cordell handler and any right and then at this time we are we have six hands requesting to speak, if you could please confirm the time limit.

Council reports continued. Fadelli announced a specially scheduled meeting of the Human Relations Commission the next evening.

Motoyama reported from the Cal Cities East Bay division, where she sits on the housing, community and economic development policy committee: strong support for housing efforts, “which is a change from the past,” and a push to make sure unfunded mandates on local government are funded first.

Quinto said he would sign a joint letter with the West Contra Costa Unified School District on a budget request for social-emotional and school climate funding, and that he wanted to work with the district to bring school resource officers back, citing “a number of problems dealing with guns in schools,” including El Cerrito High.

At a Cal Cities press conference he had spoken on SB 1383: cities are asking the state for $180 million toward implementation, which he put at $20 to $40 billion statewide; for El Cerrito, switching collection containers to compliant colors alone would cost over $1 million.

He listed Cal Cities positions: opposing two bills requiring CalPERS divestment (SB 1328, from companies operating in Russia and Belarus, and SB 1173, from fossil fuel companies); opposing unless amended a bill creating a state housing authority able to build without following local standards; supporting if amended AB 2295 on housing on school district land; and supporting SB 1326 on interstate cannabis trade. A position on a single-use plastics ballot measure would be reconsidered. Public comment followed.

04 “The takings clause” captions 130–175

0:22:54Mayor Quinto: Two minutes.

0:22:55Two minutes okay.

0:23:08OK, I will go to our first speaker, which is Peter Peter, you should be able to unmute and begin your time now.

0:23:15Peter: Thank you for allowing me allowing me to speak.

0:23:20Now sweet or Russia and i'm glad that our city is a preparing for July for celebration with Kobe now behaving like a common cold.

0:23:31It is time that we start to leave have a normal life, but last time I checked our city is still under pandemic emergency and we did the reason moratorium, which is in contradiction to stay law Avi two and 79.

0:23:52Why our cities ivison moratorium try ties to emergency decoration and seems to have no end.

0:24:02baby to 179 only extends a recent protection to the end of June 2022 and it's only for people not paying their rent before end of March 2022.

0:24:17is specifically allowed a reason for those not paying rent on and up to April one who's out in 22 the reasons behind allowing a recent after April 1 is obvious, as the state ends rental assistance program by the end of much.

0:24:41forbidding evasion without providing rent a system would violate the taking costs of the fifth amendment of the United States constitution.

0:24:54which reads not Shell private property, be taken for public use without just compensation, the course intended to uphold the principle that the government should not single out isolated individuals to bear excessive burden, even in the support of a important.

0:25:18have very good.

0:25:20Elsa little cities Eastern Mediterranean New York April 1.

0:25:25Mayor Quinto: Because you are.

0:25:26Out of time, can you finish your sentence and we'll go on, thank you.

0:25:30Peter: Can you give me a minute.

0:25:32To a lot of time to prepare.

0:25:34Mayor Quinto: For this we decide on too much thank you.

0:25:39And next request to speak is our Miller, how you should be able to unmute and begin your time now.

0:25:46Mayor Quinto: Good evening.

0:25:49Alice with us.

0:25:50Yes, there you go, you can begin your time now.

0:25:55Al Miller: Good evening mayor can tow mayor pro tem moto yama and Council members, my name is Alan Miller i've been a resident of illustrators since 1979.

0:26:07I wanted to address the emergency operation plan discussion you all had in a recent Council meeting and share my experience gained in my 26 years as an officer in the US navy.

0:26:20serving in the ranks from Anson to captain and brief terms, the most important lesson learned was that if any organization from a US navy ship to a small town in California.

0:26:34finds itself in need of emergency operation plan, the three most important things needed if that plan is to be successful when it is needed are in need to develop a good but realistic plan.

0:26:50You need to assign an experienced manager to be responsible for the development and execution of the plan.

0:26:59and one that is held accountable for their performance an annual evaluation process.

0:27:06You need to conduct drills of the plan often enough to ensure that everyone who signed a role in the plan knows what it is and as train as needed to ensure they can perform their roles under the stress of the emergency.

0:27:23This will not be easy, and it will not be cheap, but if done right, it will be easier and cheaper than the loss of life and property that will be experienced if it is not done right Thank you.

0:27:39Thank you, our next speaker is buddy acquisition.

0:27:44honey, you should be able to unmute and begin your time now.

0:27:48Buddy Akacic: Thank you so much holly and it's a pleasure to be with you this evening, everyone.

0:27:54i'm basically going to try to cover three areas that i've made notes that i'd like to present to you all this evening.

0:28:02The first one, I want to direct primarily to mayor Kingdom because i've been led to believe that gave you're the go to guy related to the decision of.

0:28:12Put the potential for bringing climate strike may into one of the City Council meetings and give her the opportunity to present her situation related to the Eco ecological crisis trajectory.

0:28:26The human causes of carbon overload and so on, and I was to take that to the environmental Equality Committee, first, I did that, and she made her presentation and we'll provo, for example, said that that was the best presentation he'd seen of its type ever.

0:28:44It was unanimous everybody loved it i'd like to bring it to City Council gave give me give me some consideration on that item to.

0:28:53i'd like to invite everyone, I mean i'd like to go through all your names and stuff but instead of do that if you can hear my voice i'm speaking directly to you.

0:29:02i'd like to invite you to the senior seminar tomorrow at the senior Center and next in Albany tomorrow at may the 18th at 1pm.

0:29:13The topics are roe V Wade and Ukraine, the facilitator of that discussion, not a.

0:29:24lecture is jenna tables and then Finally, let me try to cram this one in my last few seconds.

0:29:32I haven't heard these words from anyone lately from any of you and i'd like to tell you what those four words are El circo senior Center I have not heard that phrase from this group that I can remember, thank you very much.

0:29:52Thank you, our next speaker.

0:29:56john sure john you should be able to unmute and begin your time now.

0:30:03Jon Bashor: hello, my name is Elizabeth basher and I will talk fast.

Public comment produced the landlord side of the eviction moratorium, argued on constitutional grounds.

Peter welcomed the return of the July 4 celebration — “it is time that we start to have a normal life” — and then asked why the city remains under a local emergency.

His objection: “our city's eviction moratorium [is] tied to [the] emergency declaration and seems to have no end.”

His comparison: state law “only extends… protection to the end of June 2022, and it's only for people” meeting specified conditions.

And his legal argument: forbidding eviction “without providing rental assistance would violate the takings clause of the fifth” amendment — “nor shall private property be taken for public use without just compensation.”

The moratorium's end date is not set until September, when the Council ties the local emergency to 31 December.

Al Miller, a resident since 1979 and a 26-year Navy officer, told the Council an emergency operations plan needs three things: a realistic plan, an experienced manager “held accountable for their performance” through annual evaluation, and drills often enough that everyone knows their role. “This will not be easy, and it will not be cheap,” but cheaper than the losses if it is not done right. Buddy Akacic asked the Mayor to schedule a youth climate presentation already given to the Environmental Quality Committee, invited residents to a senior seminar, and said he had not heard the Council mention the El Cerrito senior center lately.

Significant

A landlord argues the eviction moratorium is an uncompensated taking, and asks why El Cerrito's outlasts the state's. Staff explain in September that ending the local emergency does not by itself end the moratorium, because it also runs on the state declaration.

05 Four hundred spaces for eight hundred flats captions 176–215

0:30:09Jon Bashor: I belong to a group of people who are concerned about parking and traffic at bart's proposed development at Elsa Rita clauses station.

0:30:16We have drafted an online petition to make sure this point of view is heard by the Bart board of directors and Elsa rainbow city council.

0:30:23So far, the petition has been signed by about 150 people, including at least 65 Elsa retired residents.

0:30:30Another 85 signers are residents of Bart district three or four districts seven they live in Albany Berkeley Richmond kensington pennell Elsa bronte San Pablo and Hercules, these are all communities where people pay taxes for bark.

0:30:44bark plans to build 800 apartments at the also Vito Plaza Bart station, along with a parking garage for residents.

0:30:50Although the parking plan is not final word has stated that the maximum number of parking spaces would be one half parking space for apartment.

0:30:58In other words, 400 spaces at the most bart's plan also calls for eliminating all 740 existing commuter parking spaces, the Bart board has voted to replace between zero and 250 of these without identifying a viable alternative for commuters.

0:31:14that's why we believe that the Bart board with urging from the LCD to city council should limit car ownership for tenants in the proposed project.

0:31:22and retain a more significant number of commuter spaces to make this work, Bart could use leasing policy incentives disincentives and access to car sharing on site.

0:31:34part should seek funding to build infrastructure into the parking garage so that shared cars can be electric so far none of these approaches have been discussed at meetings on this topic that I have attended instead of Bart.

0:31:49seems to rely on the city to solve their parking problem by creating a parking management district, to try to figure out how to park hundreds of cars.

0:31:58On El circo city streets, please do not spend money on detailed plans to do this at this stage of the process instead scheduled Community discussions now that specifically address strategies to reduce the number of.

0:32:11Mayor Quinto: Cars up, thank you very much.

0:32:13Jon Bashor: For coming on site parking.

0:32:16If somebody is yummy song tell me, you should be a part time you to begin your time now.

0:32:25Xiaomei Song: hi Mr year and constantly I contact us please you all, I think all of that, two months ago regarding my.

0:32:35rental property i'm a house provider per mama landlord to your CT I talk about my situation, two months ago, your city.

0:32:46Case manager interviews to use me to the rent relief or program until now two months passed my situation didn't change at all I didn't get any funding from the renter relief program and also says arms a little CDs to keeping for their protector law.

0:33:07So protected to Nice without upping the room and then I my MP to render just going up.

0:33:16The House is key, or the only provider interleaved up too much 31 and who we are having me P back April me and has about a June, I think I hope that you're my dear lawyer and constantly you should also think about my part.

0:33:37i'm just a PR mommy landlord and just a single mom with two young children, I think I already explained Allah situation in my email.

0:33:49I deeply hope you could consider my situation I also waiting for the reply I send an email on may 3 to Lisa and also when a sister to whenever constantly I didn't get any reply, yet I.

0:34:09And there's not a i'm sorry is that.

0:34:12story is really life is it's I I need to go back to my normal life, thank you very much.

0:34:22Thank you, our next speaker is Michael Gabriel.

0:34:28Michael you should be able to unmute and begin your time now.

0:34:32Michael Gabriel: hi please excuse me if i'm speaking out of sync I want to speak on item five be in the consent calendar, but I wasn't sure if i'd be able to.

0:34:40Now is the time.

0:34:42Michael Gabriel: Thank you Dave i'm calling on behalf of Al pseudo ballet Center director Barbara Gabriel i'm barbarous husband brought this up teaching ballet classes tonight and can't attend the meeting, but she asked me if I could send this message.

0:34:57on behalf of the US to the ballet Center i'd like to thank the citadel pseudo.

0:35:02American tome City Council persons for the recognition in proclamation.

0:35:08In addition, special thanks to mayor pro tinley stuff but a yamaha who's worked with city staff and elected officials, officials and drafting the proclamation.

0:35:16The proclamation nicely captures the history of El Segundo ballet Center of the most I hope the motion to adopt the propositions approved by Council later tonight.

0:35:27My goal is the teacher has always been to share the joy of dance with all students, regardless of ability.

0:35:33As a gift to the Community i'm proud to have started the Community outreach program which provided an opportunity for students to share their love of dance with the Community as volunteers.

0:35:45As an Elsa riddle native i've had the chance to teach ballet to several generations of local families.

0:35:52i'm not leaving us we don't yet I hope to offer adult ballet classes, through the all strudel recreation department at the Community Center again, thank you for the recognition proclamation of greatly appreciated.

0:36:08So i've done my job I didn't have to get on stage, and I think i've been a good ballet bed.

0:36:14Mayor Quinto: Thank you very much.

0:36:15Thank you.

Jon Bashor presented a petition on parking at the BART development, and the arithmetic is the argument.

The group: residents “concerned about parking and traffic at BART's project”, who had drafted an online petition “to make sure this point of view is heard by the” BART board.

The count: about 150 signatures, including at least 65 El Cerrito residents, with another 85 from surrounding BART districts.

The plan they object to: 800 apartments at the Plaza station, with parking not final but BART having stated a maximum — “400 spaces at the most.”

And the displacement: the plan “calls for eliminating all 740” existing spaces.

So the objection is not to housing but to the loss of commuter parking, and to relying on city streets to absorb the cars.

The petition's asks: that BART, urged by the city, limit car ownership for tenants and keep more commuter spaces, using leasing incentives and on-site car sharing; and that the city not spend money now on detailed plans for a parking management district. Xiaomei Song, a small landlord and single mother of two, said two months after first speaking she had still received nothing from the rent relief program and no reply to her 3 May email. Michael Gabriel thanked the Council, on his wife Barbara's behalf, for the proclamation recognizing the El Cerrito Ballet Center.

Significant

Eight hundred flats with at most 400 residents' spaces, and all 740 commuter spaces eliminated with between zero and 250 replaced — the numbers behind the parking objection to the BART development. The $24 million state award announced two months later includes a rider parking garage and $600,000 specifically to help the city manage on-street parking.

06 A letter pulled from consent captions 216–274

0:36:16mayor that does conclude our request to speak on this at this time okay.

0:36:21Mayor Quinto: Very good next we'll go to adoption of the consent calendar, and we have a Approval of Minutes be proclamation recognition of the LCD belay Center see letter of support of senate bill sb 852.

0:36:39d letter opposition for senate bill at one E letter to support a senate bill a be 1944.

0:36:49authorized city council and city advisory board meetings to be held via teleconference pursuant to add 361 G proposed budget amendments for engineering staff augmentation.

0:37:03Services he make findings and approved lease purchase agreements for replacement of fire engine would anyone like to while poll anymore anything on the concert file councilmember Fidel.

0:37:16Councilmember Fadelli: So, could we pull five see please.

0:37:20Mayor Quinto: Okay, we will do that.

0:37:23let's do adoption of the consent calendar with.

0:37:28A, B D E, F G and H

0:37:34Okay.

0:37:36Second okay we'll have mayor.

0:37:40mayor pro tem go to yama and councilmember April 2 second did that and we'll go to item see liver, support for sb 850 to go ahead councilmember fidelity.

0:37:53Here, did you want to vote on the consent calendar.

0:37:57Yes.

0:37:59Mayor Quinto: Thank you very much.

0:38:00No problem mayor can so.

0:38:02Yes, near pretend multi i'ma.

0:38:04I can't remember abramson.

0:38:06I can't remember fidelity.

0:38:08I can't remember but Nick.

0:38:10I machine carries OK.

0:38:13Mayor Quinto: Now we'll go to see councilmember fidelity.

0:38:15Councilmember Fadelli: Yes, thank you i'm in reviewing the packet again today, I.

0:38:20Re read the letter and I just wanted to ask the city manager in the mayor if in fact Elsa rido is considering establishing a climate resilience district.

0:38:31Because in the latter we don't mention Elsa read those importance to this issue we're really just telling other cities that make it might be good for you to create these things and.

0:38:43If we are, or if we're contemplating it we might want to put it in the letter because we.

0:38:48Did change process and procedure to make sure that any mayor's letter or any resolution has to include l street importance in it, so I just want to leave you know.

0:38:59The Council can vote on it, I would probably abstain, I think it's a great idea, but I just wanted to know if the city or the mayor, are we planning on considering this in the future, so we should put it in the letter.

0:39:10Karen Pinkos (City Manager): And i'll just i'll just state that this was a request to us from MC he specifically and as a member of MC, that is why we.

0:39:21cannot the mayor as a board member, I can let me speak to that, but this was a direct request from an organization that we are a member of so that is certainly one of the parallels and connections, we can draw but i'll leave it to me are keen to if you have any additional comments.

0:39:36On I.

0:39:37Mayor Quinto: don't have anything to add on that Karen summed it up, but councilmember for Belize so.

0:39:44Councilmember Fadelli: Then I would just request that two or three sentences be put in about that what the city manager just said, and that is something that we might find useful in the future by pen and that's all that really relates to.

0:39:57Karen Pinkos (City Manager): i'm certainly happy to work with the Mayor to say.

0:39:59exactly that and as members of nc dot dot dot.

0:40:02Councilmember Fadelli: knows, for me, oh good and then I would move this item.

0:40:06Karen Pinkos (City Manager): That if that's acceptable.

0:40:07for everyone else, then I will work with the Mayor to add language to that effect.

0:40:11Councilmember Fadelli: Thank you.

0:40:12Mayor Quinto: Eric good do I have emotion.

0:40:15Councilmember Fadelli: hi i'm oh.

0:40:16OK.

0:40:18Mayor Quinto: OK so.

0:40:20kelsey rubber for Delhi and and move that second by rudnick Ken Clark.

0:40:27Dr King toe.

0:40:28Yes, never too much yama yes councilmember abramson.

0:40:33I can't remember fidelity.

0:40:35I can't remember but Nick.

0:40:37I mentioned carries.

0:40:39Mayor Quinto: Okay, great next we're going to have a presentation from contra causes mosquito our vector control district, update and i'd like to we also have an opening there and to represent Elsa Rita and i'd like to introduce nolan nola woods public affairs director, good evening and welcome.

0:40:59Nola Woods: Good evening, thank you very much for inviting me tonight, I really appreciate it, I am going to share my screen and get right to this.

0:41:09So, as you can see from my first screen first slide here.

0:41:16I am from the contrast mosquito and vector control district, I am my name is Noah woods, I am the public affairs director, and you can see our logo there at the bottom of the screen and.

0:41:26On my background, here we are celebrating our 25th anniversary this year so we're very excited about that at the contrast mosquito and vector control district.

0:41:35So getting down to some details for you wanted to let you know that we are a special district, we are not part of county government, we are actually.

0:41:48A special district, and the word contract cost the words contrast in our name, mean that we represent all of the people of contra Costa county.

0:41:56Our general manager is Paula macedo and we currently have 29 full time employees and I would like to point out that we are hiring as well at the district right now.

0:42:08We do serve the people of contra Costa county, and so our operational area is the entire county and all of its residence.

0:42:17So, as our name is the contra Costa mosquito and vector control district most folks asked what a vector is a vector is any insect or other animals that can transmit disease or cause discomfort to people.

The consent calendar included three letters on state legislation — support for SB 852, opposition to another senate bill and support for AB 1944 — alongside the AB 361 teleconferencing findings and a lease-purchase agreement for replacement fire apparatus.

Fadelli pulled the letter supporting SB 852.

He asked whether El Cerrito was considering a climate resilience district, the subject of the bill; the City Manager said the letter was a direct request from MCE, of which the city is a member. His concern on reading it again: it did not mention “El Cerrito's importance to this issue,” which he thought it should.

His point: the Council had already changed “process and procedure to make sure that any mayor's letter or any resolution has to include” El Cerrito's importance, so he asked for “two or three sentences” to be added — and the amended letter was approved.

The remainder was adopted together.

Significant

A councilmember invokes the existing rule that a mayor's letter must state El Cerrito's own stake, and has a sentence on that added to a letter of support. The City Manager's answer was that the request came from MCE, of which the city is a member.

07 Who sits on the board captions 275–320

0:42:31Nola Woods: And our mission statement is the contra Costa mosquito and vector control district is a public health agency it's dedicated to protecting the Community from mosquitoes and other vectors of disease.

0:42:44So tonight, I have been asked to come and speak as you mentioned, Mr Mayor about, among other things, the opening that we do have on our Board of Trustees we have a large Board of Trustees as a matter of fact, we have 22 members of our Board of Trustees that oversees the district.

0:43:04These trustees represent each city within the county as well as three trustees who represent the county at large currently we do not have a trustee for, so I would like to share a little bit about what it entails if there are any interested citizens online tonight.

0:43:27So the definition of a member of the board of trustees is, it is a person who represents the best interest of your community.

0:43:37To ensure the delivery of essential local services and infrastructure and faithfully serve the public good, while upholding the law now, this is the official definition of a board of trustees Member from the California special districts association board member handbook.

0:43:57and

0:43:59What our trustees at the contrast mosquito and vector control district.

0:44:04abide by and what their responsibilities are is first their appointed by representatives of a city council or the county board of supervisors for a term of two to four years.

0:44:20A trustee will serve without compensation, but are provided with an allowance, not to exceed $100 per month to defray expenses, while on official business.

0:44:31The regular business meetings for the district are held on the second Monday of every other month starting in January each year at the district site which is one five mason's circle in concord.

0:44:45And I will tell you that our meetings have been virtual since 2020 but beginning in June, we will plan to start having hybrid meetings.

0:44:55So we will have some of our trustees who will be in the building and some others who will remain online starting in June, and of course our meetings are open to the public.

0:45:08So a couple of other things I wanted to address in the time that I have tonight is we did recently distribute our 2021 annual report and within the pages, we report on who we are and what we did during 2021 to protect public health.

0:45:28We provide an overview of the services that we provided countywide during 2021 to reduce the risk of mosquitoes rats and mice underground yellow jackets skunks and ticks.

0:45:44So in the annual report and I know that is included in tonight's agenda packet.

0:45:50We give the county wide information for 2021 tonight i'd like to spend just a moment providing you with some more specific information about public health services that we've provided to the residents of El circo over the last five years to start.

0:46:10So over the last five years, the residents of Ellis thereto have reported a total of two dead birds or squirrels for West Nile virus testing have submitted 89 requests for the district's mosquitoes service of inspection and control.

0:46:29have submitted a sample of a biting or stinging insect for insect identification.

0:46:38Three samples for insect identification.

0:46:42submitted 292 requests for the district's Ratan mouse service of inspection and advice submitted 102 requests for the district's skunk service of inspection and assistance.

0:46:56And over the past five years, residents and Elsa rainbow have submitted at requests for the district's underground yellow jacket services of inspection and treatment when appropriate.

0:47:09Now I have a graphic for you here, this is actually when we just talked about five years of what we have received in requests for service from the residents of else dorito, this is actually a graphic that shows you what our district has done.

0:47:30To provide services where they are called known sources so sources within the Community, that may not be associated with a specific residential address where a citizen has requested service.

0:47:43These are sources that we have become aware of, and these this graphic represents the times that we have performed services needed to address vector issues and elsewhere ITO during 2021 and just the beginning of 2022 so let me tell you what these these various.

0:48:04icons mean on this map.

0:48:07The black pins represent residential locations where citizens have private skunk traps.

0:48:16The red circle let's see with the rat graphic right there if you can see the cursor i'm not sure if you can.

0:48:28The red circle, with the rat graphic our locations where we have performed non toxic baiting for rats to determine the rat population in that area.

0:48:39The red and the Green pins that you see a really in a lot of locations on this map, they are mosquito inspection sites that are known to the district as sources of mosquito production with various habitat sites, the Red circle, with the container icon.

0:49:01That is a known source of mosquito production that is classified as an artificial container of standing water so that location is known to us as having the artificial containers, as we call them.

0:49:15And the yellow circle down here with the symbol that looks like cattails that is a known source of mosquito production in a marsh area and a couple of things, I wanted to mention here is, as you can see, there are many locations where we don't have a habitat.

0:49:35habitat description at this point, well, we recently changed our data collection software, so our field personnel are working through the process of updating the mosquito inspection sites.

0:49:48to reflect their proper habitat types, so the locations that have a green pin will soon contain the sites that are properly categorized with their habitat tight and I will mention that.

0:50:02It is important for us to know the habitat type, because here in contra Costa county we have 23 different types of mosquitoes at this time.

0:50:15And each type of mosquito can be produced in a different type of water or a different habitats site, for example, the mosquitoes that can transmit canine heartworm.

0:50:27They come from tree holes, so the holes that can develop in older trees oftentimes oak trees, the mosquitoes that can transmit West Nile virus.

0:50:38They are known, there are two species out of the 23 that can transmit West Nile virus and they are known to come from things like catch basins.

0:50:48or backyard sources like neglected swimming pools, or even small containers of water so knowing those different habitats sites is very important, all right, well, I had very limited time tonight to share this information with you, but I wanted to know does anyone have any questions.

0:51:09Mayor Quinto: Any questions to for nola woods mayor pro tem O tiana go ahead.

0:51:18Mayor Pro Tem Motoyama: Thank you mayor and I want to say thank you to know I think vector mosquito veteran controls, done a really great job and.

0:51:27I am the kind of nerdy person that had signed up for all your alerts, and so I know that in some areas, you do do ground spring.

0:51:36I haven't ever seen that happen and else Rico but can you could just confirm that we don't have any need for ground spraying here, because our our habitat so different.

0:51:47Nola Woods: And that is absolutely correct and thank you for subscribing to our publications that we send out.

0:51:55The important distinction is, we will do what we call adult mosquito control, which is what we used to call the truck the spring that would come from the trucks, we do that when our data and testing shows that there is an immediate risk to the residents in the area.

0:52:17One of the things that actually benefits Elsa rido I will say is that the weather does tend to be cooler.

0:52:24And so, in areas where we tend to see warmer weather The fact of the matter is is West Nile virus actually replicates very efficiently in warm weather when it is at least.

Nola Woods gave the district's mission and, more to the point, explained what it was asking for.

Its remit: the district exists to protect public health from mosquitoes and other vectors across the county.

Its governance: trustees represent each city in the county, plus three representing the county itself.

And the definition she read out: a trustee is a person who represents their city to “ensure the delivery of essential local services and infrastructure.”

El Cerrito's seat needed filling, which is why she had been asked to appear.

The presentation then covered what trustees actually do.

Trustees are appointed by a city council or the Board of Supervisors for two to four years, serve without compensation beyond an allowance of up to $100 a month, and meet every other month in Concord, in hybrid form from June. Over five years El Cerrito residents had made 89 requests for mosquito service, 292 for rats and mice and 102 for skunks. The county has 23 mosquito species, two of which can carry West Nile virus. Asked by Motoyama whether El Cerrito needs ground spraying, she said adult mosquito control is done only when testing shows an immediate risk, and El Cerrito's cooler weather helps.

Note

Every city in the county holds a seat on the vector control district's 22-member board, and El Cerrito's is vacant. Trustees are appointed by their city council for two to four years and serve without pay.

08 Turkeys are not vectors captions 321–380

0:52:38Nola Woods: 55 degrees for 24 hours and if you've been looking at the forecast for this coming week, particularly in Central and Eastern contra Costa county.

0:52:51We are looking at temperatures that will do that over the next week, but on our coastal areas it doesn't look like that is going to be the case so.

0:53:03The bottom line is, I cannot say that we would never conduct adult mosquito control in Elsa rido but we only do that when our testing in our data shows that there is a risk to the residence and so far we have not seen that in Elsa retail, but thank you for your question, great.

0:53:25Mayor Pro Tem Motoyama: And I have one other quick question, I know that it wasn't mentioned, and I know that this is a question that flow mixes people a lot, what about wild turkeys.

0:53:36Do they are they considered vector are they considered you know who do you call when there's a tricky problem it's we have a lot of turkeys and.

0:53:46Nola Woods: So I understand that, because coming to work and conquer there are times when I have to stop because the turkeys are crossing the road.

0:53:55But Turkey if the the vectors of disease or harm that I mentioned earlier, those are the insects and other animals for which we provide service.

0:54:06We do not provide service, nor do we have information about other animals for which we do not provide service.

0:54:14But we do recommend and will refer folks to other agencies for wild turkeys I don't we have a resource card actually on our website that provides information for things for which we do not provide service.

0:54:29My thought is wild turkeys I would probably start with contra Costa animal services they may refer you to efficient California efficient wildlife, so one of.

0:54:45I think that this would still be appropriate.

0:54:49Looking at the new CD You see, I PM website that's that is a source of tremendous information and my belief is they would have some information on what Homeowners can do about it.

0:55:08And they may even refer you to a location in your local area, but my my gut would tell me, it would probably be California fish and wildlife would probably be where you would start, but the uci PM website is excellent.

0:55:24Mayor Pro Tem Motoyama: Thank you so much sure.

0:55:26Mayor Quinto: Next we'll go to councilmember fidelity.

0:55:28Councilmember Fadelli: Thank you and congratulations on 95 years I wanted to I don't usually talk about this very much, but I wanted to give a personal reason why the district is so important to West county.

0:55:43When you were celebrating your 40 years or 45th anniversary, I will was in fact going to contrast to college my finished my first year.

0:55:52And I was going to work in San Paolo to supermarket that I was saving money for and had a health incident and I was taken to brookside hospital.

0:56:02And for two weeks, no one knew what was wrong I either had a brain tumor or a stroke, a lot of pain, a lot of testing just to make a long story very short, and this was going on, when the space that we were landing on the moon so i'm in a hospital bed looking at man landing on the moon.

0:56:22The best that the doctors could figure out was that it was encephalitis do from a mosquito bite, and he said very clearly, had I been in a more tropical area, maybe I wouldn't be a city councilman today here so.

0:56:38there's impacts to mosquitoes and your work is important, and I hope they also made oh folks listen because one mosquito bite can put you in a hospital and you may not come out of that, so thank you very much again.

0:56:52Nola Woods: Well, thank you so much, and and I could not say it better myself, you are absolutely right.

0:56:59The reason that we are here, and the reason we were created by the voters of contra Costa county 95 years ago.

0:57:07was because back in the 20s was when scientists were first learning that mosquitoes were not a new just a nuisance, they could transmit the causative agents of disease and that's why California actually passed the mosquito abatement law in.

0:57:25And in that time since then we have not only the contra Costa mosquito and vector control district, but more than 60 agencies across California have been created.

0:57:37To work to protect public health, so that we can reduce the number of people that are exposed to encephalitis but thank you so much councilmember for sharing your story, because that that is exactly why we have it for 95 years.

0:57:52Councilmember Fadelli: Thank you very much.

0:57:54Mayor Quinto: It councilmember Rebecca.

0:57:56Councilmember Rudnick (she/her): Thank you mayor, thank you for the fantastic presentation, it was really interesting.

0:58:01I have a question about the private skunk traps do the private traps mean that they are privately owned and then they're registered with you, so does that mean that there has to be a registration process if one wants to put out a skunk trap.

0:58:17Nola Woods: So there is not a registration process if you have one if, in the case of our skunk program, it is a rabies risk reduction Program.

0:58:30And so we will, if certain criteria are met, for example, we will go out, we will do an inspection, we will determine how the skunk is getting on the property.

0:58:42And we will make recommendations to the to the homeowner the resident on things to do to reduce the risk of skunks coming within.

0:58:51proximity to people, because we don't want the risk of rabies.

0:58:55If the homeowner has done the things that we have recommended and still has a skunk that is coming onto the property or denning on the property and that's really The key thing passing through is not as much the issue it's depending on the property.

0:59:12We can loan residents of contra Costa county a a trap alive catch trap, but in cases where the resident already has a trap.

0:59:25If there's a situation where we would need they would contact us that they if they have let us know that they have a trap if they have tracked.

0:59:36A skunk on their property, then we can come out and work with them and potentially remove the skunk now required by State law, we are not allowed to relocate them, we do have to have to euthanize the skunks.

0:59:51As humanely as possible, but we are required by by by State law to have to do that, but in the case of those three.

1:00:01Residents that have the private traps, that means that we have worked with them before they have can they have done the things that we have asked them to do.

1:00:10To really mitigate the issue and, in spite of that, if they still have skunk issues, because we have worked with them, we can come out and work with their trap.

1:00:20For the vast majority of county residents it's a situation where we loan them a trap if they are doing the things that we need them to do, and then we work with them in that way.

1:00:29Councilmember Rudnick (she/her): This is a perfect example of why I love local government, because I never thought i'd be asking this question about.

1:00:36us, but these things truly do matter I also learned on the radio today that 30% of mosquito bites happen indoors.

1:00:45So while, and this was on BBC Radio this morning, so, while they're breeding outside that is one thing to really consider for our residents, is that you know bites happen indoors and outdoors.

1:00:55Nola Woods: And you are absolutely correct, you know I the.

1:01:01The member of your Council, who said, you know who admitted being a little nerdy I completely am as well, and I know that the Tennessee valley authority back in the 1940s was instrumental in the United States of reducing.

1:01:17mosquito bites because of window screens and so that's one of our recommendations.

1:01:24That folks have well fitting windows screens and make sure there are no REPS are tears to try to keep those mosquitoes out of the House.

1:01:33And I know I regularly remind my own husband and i've been doing this for 16 years.

1:01:40To not leave the sliding door open, so the dogs can come and go, as they want in the backyard screens matter because you're absolutely right, there is a number of.

1:01:5230% is a large number of mosquito bites that actually happen inside the home so anything that we, as citizens can do to reduce that risk.

1:02:01Where your repellent if you're going to be out at times when mosquitoes are present try to avoid being outside particularly around dawn and dusk when mosquitoes are present.

1:02:11dump out any amount of standing water, because even a bottle CAP can collect enough water to produce mosquitoes and.

1:02:20use those those screens make sure your window screens are in good shape and that they're well fitting so that you don't have the mosquitoes coming in the House.

1:02:29But thank you all so much I appreciate the questions and if you have any other questions that you didn't think of right now, or members of the public have questions, please visit our website at contra Costa mosquito calm.

1:02:43Mayor Quinto: A very good nola woods, who is the public affairs director for contra call says the sky vector control district got bait um yeah, thank you for the update then and appreciate.

1:02:57You participating at the zoom meeting and hopefully we will get someone to.

1:03:03volunteer in and be part of your board representing Elsa Rita so again, thank you.

1:03:09Nola Woods: Thank you so much for having me.

The district's answers covered what it does and does not treat.

On adult mosquito control: it depends on temperature — sustained conditions above 55 degrees for 24 hours — and the forecast for the coming week met that, though coastal areas differ.

Her position: “I cannot say that we would never conduct adult mosquito control in El” Cerrito.

Motoyama then asked about something not mentioned: wild turkeys — “are they considered vector[s]”?

The answer distinguished the district's remit: vectors are organisms transmitting disease or harm, and “we do not provide service, nor do we have information about other animals.”

What it can do: “refer folks to other agencies.”

The question is a real one for residents; her best guess was county animal services or California Fish and Wildlife.

Fadelli gave a personal reason the district matters: as a Contra Costa College student he spent two weeks in Brookside hospital, watching the moon landing from his bed, before doctors concluded he had encephalitis from a mosquito bite. Rudnick asked about skunk traps: there is no registration; the district advises residents and can lend a trap, and state law requires trapped skunks to be euthanized rather than relocated. She added that 30% of mosquito bites happen indoors, and Woods urged well-fitting window screens.

Note

Wild turkeys are not a vector, so the district refers residents elsewhere — to county animal services or California Fish and Wildlife.

09 Why the ordinance exists captions 381–402

1:03:12Mayor Quinto: Christian okay next we have a public hearing and that will be on our Military Equipment Policy ordinance and I have chief Paul Keith from the elsewhere to police department to give us a presentation.

1:03:28Paul Keith: Good evening i'm paki again your chief of police Thank you mayor and Council members for having me in front of you tonight to talk about our military equipment policy and propose ordinance so i'm going to try to share my screen, so that I can turn on my PowerPoint presentation.

1:03:51let's see i'm kind of waiting for the option to pop up.

1:03:58curtis.

1:04:08Okay, I hope all of you see a great big badge and patch from the Austrian police department.

1:04:16So, as I said, i'm here tonight to talk about our military equipment policy, so the reason we're here is because a new State law government code section 77 to 77 five was passed.

1:04:28And what effect in January that requires all agencies to conduct an inventory of all police equipment that they use or seek.

1:04:38And to have Council approval for that military inventory, the law also defines what state legislators consider military equipment.

1:04:47And so, as I talked to you tonight you may notice that some items don't really sound like they're necessarily part of normal military equipment, but these are all definitions from the state that define what types of equipment or military equipment.

1:05:00One of the key parts of the new law is that not only must the Council approve of the departments policy, but most do so in the form of an ordinance so one of the items before you tonight is an ordinance regarding our military equipment.

1:05:15So the law also provided a process to local agencies to follow to get a military ordinance approved by Council.

1:05:23So the law has a number of steps The first one is agencies must conduct an inventory of all of their military equipment.

1:05:29So be getting in March and April we compiled a list of all of our pieces of equipment that classified classified as military equipment.

1:05:37We drafted a policy, the policy that we created was done so, in conjunction with our legal team and lexical it's a company that we contract with for legal consultation services, particularly in policy creation.

1:05:53The policy also requires a 30 day public review period before the Council reviews the military equipment and the proposed policy.

1:06:03We started our public review period on April 13 2022 and we place the draft policy and equipment list on our website, and we also had the city manager advertise it through her monthly city manager update.

1:06:21That process also requires Council reviewing and approving the policy and the equipment list through an ordinance process.

1:06:30and moving forward, it requires police departments to have annual public meetings to discuss the list of military equipment and to get renewals of the ordinance every year from their local governing body.

1:06:47So i'm going to talk about some of the categories of equipment that relate to the city of El cerrito now, when we do Community police academies we have a home meeting.

1:06:57Just dedicated to talking about all the different equipment, we use the different vehicles we use in that meeting takes.

1:07:04Usually between two to three hours, so my hope tonight is i'm going to get through this list of equipment and much less time than that, but to give you a good overview of the types of equipment that we have.

1:07:14So, starting at the top, we have a couple of different vehicles that qualify as military equipment, we have a drone that we previously talked to counsel about.

The military equipment policy ordinance came as a public hearing, and the Chief began with the law.

Its requirement, effective in January: all agencies must “conduct an inventory of all police equipment” meeting the statutory definition, and obtain Council approval for it.

His warning about the definition: “some items don't really sound like they're necessarily part” of what people picture as military equipment — the legislature drew the line, not the department.

The process: inventory compiled in March and April; a policy drafted with the city's legal team; a 30 day public review period beginning 13 April with the draft and equipment list posted on the website.

Then Council approval by ordinance — and thereafter, “annual public meetings to discuss the list.”

He noted the scale of what he was compressing: a meeting “dedicated to talking about all the different equipment” usually runs “between two to three hours.”

Significant

AB 481 requires a police department to list every qualifying item and get elected approval, by ordinance, before using it — and to come back every year.

10 The inventory, item by item captions 403–431

1:07:22Paul Keith: We also have a command vehicle in the form of a Ford transit van has a desk in it, some cabinets a chair, especially a vehicle that we can use we have critical incident where people can get out of the weather, we can set up a laptop and we can kind of plan our way through the event.

1:07:39The Department also has a couple of firearms to qualify as military equipment and a lot.

1:07:45The last specifies that pieces of equipment that are standard issue to a department are not pieces of equipment that get reported out on the military inventory.

1:07:55And the reason I make that distinction is because our officers do carry rifles as part of their standard issued equipment.

1:08:01And the reasons that we do, that is because starting right around the title Columbine a lot of police departments considered rifles to be a piece of specialty equipment.

1:08:12But what we realized after Columbine is that having the appropriate equipment in the hands of police officers at the time and active shooting incident is occurring.

1:08:22can literally mean the difference between life and death for students for shoppers for churchgoers so it's important to me, and one of the things that I value is being prepared, and I also.

1:08:34understand and appreciate the sanctity of life support for me for officers to be prepared for those incidents when they come in for them, they have the right piece of equipment on hand when they need to use it.

1:08:45Earlier this week, I was reading an article on npr and the article pointed out, this is in the aftermath of the incident buffalo.

1:08:53That we've had 198 mass shootings so far this year in the United States that's an average of 1010 mass shooting attacks every week, so the reality is is the mass shootings by all indications are here to stay, we want our officers prepared.

1:09:10As a standard to be able to address them if they God forbid happen and also we do.

1:09:16Now to have the pieces of equipment that are listed on the on the military inventory are two submachine guns me on So these are specialty military style weapons.

1:09:27They are used by are specially trained SWAT TEAM members that are part of the original SWAT team.

1:09:33Now they're not currently deployed by the team, but that could change in the next year is the team reassesses how they deploy their team when they.

1:09:42Do operations, now the reason we have submachine gun from there is because they have some different characteristics compared to a rifle there are more compact weapon.

1:09:51They have a caliber bullet the travels at a slower velocity than a normal right around.

1:09:56And they're less likely to penetrate through multiple walls, if a shot where to Mrs target.

1:10:01So what we don't want to have happen is to have bullet still traveling outside of a building when a team is doing an operation within a building.

1:10:09So submachine guns provide some level of flexibility when a SWAT team is deciding on how to deploy in a high risk entry situation situations that might involve violence suspects drug cartels and those types of operations.

1:10:26So we also have some projectiles launcher platforms our current platform is a combination of two different weapons.

1:10:34We have a shotgun based platform, and we also have a 40 millimeter launch the base platform.

1:10:39They both file similar projectiles with similar purposes, the idea is to strike a person with a less than equal ground.

1:10:47similar to a way they might get struck by a baton if they were close to a police officer.

1:10:52It allows the police officer to stay safe distance while engaging somebody who's threatening violence, maybe has already committed violence as a way to impact the person and attempt to stop the threat.

1:11:04As part of the military ordinance were also asked to identify items that we're seeking approval for in the next year.

1:11:11So when you look at the drone description as an example, there is a drone on there that we're currently evaluating a purchase of potentially in the next year.

1:11:20In the category of projectile launcher platforms we're also evaluating a different style launcher platform is currently used by both the Berkeley and police departments, is the FN three or three platform.

1:11:33Now, unlike our current platforms which are based off of a firearm platform, the FN 303 is based on a compressed gas platform so uses air tanks to power, the projectiles as opposed to firearms style charges.

1:11:51From what we've heard from our neighboring agencies are very effective they accomplish much the same purpose but they don't involve having to convert a shotgun which can otherwise be a lethal weapon into a non lethal platform.

The Chief walked the list.

Vehicles: a drone, and a command vehicle — a Ford transit van with “a desk in it, some cabinets, a chair.”

Firearms: two submachine guns, used by specially trained members of the joint SWAT team, “not currently deployed.”

Why they exist: a slower-velocity round “less likely to penetrate through multiple walls, if a shot were to miss” — so bullets do not travel “outside of a building when a team is doing” an entry.

Projectile launchers: a shotgun-based platform and a 40 millimetre one, firing “less than lethal” rounds intended to strike a person “similar to the way they might get struck by a baton” — letting an officer “stay [at] safe distance while engaging somebody who's threatening violence.”

And the exclusion that becomes the evening's dispute: the law “specifies that pieces of equipment that are standard issue to a department are not” covered — and El Cerrito's officers carry rifles as standard issue.

His reason for issuing rifles: after Columbine, departments learned that having the right equipment on hand during an active shooting “can literally mean the difference between life and death.” He cited an NPR report after Buffalo of 198 mass shootings in the US so far that year.

On the proposed FN 303, a compressed gas launcher: it avoids having to “convert a shotgun which can otherwise be a lethal weapon into a non lethal platform.”

Significant

Patrol rifles are excluded from the inventory on the ground that they are standard issue, the one exemption AB 481 allows. Public commenters dispute that the exemption applies, and one who has reviewed “more than 60 or 70” policies says 90% of comparable agencies with patrol rifles have policies for them, adding that universal issue is itself “a question around militarization.”

11 Tear gas, and what the city doesn't own captions 432–454

1:12:05Paul Keith: The other categories categories of equipment sorry about that.

1:12:10They also Reno deploys we have a tear gas in our inventory now i've been the chief for six years and we've talked to people in the agency at least going back 25 years.

1:12:21and tear gas has never been used in El Segundo and 25 years but I will say that we have used tear gas, however, the people have gotten tear gas our.

1:12:31recruits in the training academy so as part of academy training our recruits gets subjected to tear gas, so that they understand what the effects are.

1:12:39And the reason we have those tear gas canisters is because, when we send recruits to alameda county in the past they required us to send them with tear gas.

1:12:48Now our tear gas canisters could potentially be used in the case of a violent right and also veto on that certainly is one of the possible uses of them, but our most frequent use is to aid in train our recruits at the alameda county Academy.

1:13:03So there are some other categories of equipment that the law covers their subcategories equipment that we do not possess in our inventory.

1:13:10But these are things that may be used in US veto if we call upon help from other agencies.

1:13:15So some other types of equipment that we may need access to include things like more sophisticated drones or perhaps robotic vehicles that might be used to disarm bombs.

1:13:26command and armored vehicles, the Sheriff has an amazing command rv we had a major natural disaster in town, it would be a great asset to have here to help us respond to the disaster.

1:13:38armored vehicles could be used in the case of an active shooter to help protect officers responding to the scene, as well as to help evacuate uninvolved people from the area.

1:13:48there's different variety of firearms used by specialty units around the bay area.

1:13:54there's also a variety of entry devices to get used by other agencies these could be.

1:13:59projectile based breaching tools, it could be things like flashing devices which cause a flash of light and allowed sounded disorient people when.

1:14:08A special a SWAT team is making entry um it also includes various crowd control equipment crumley used by the mobile field force is run by contra Costa county.

1:14:21So.

1:14:22When we consider the equipment for me, the bottom line is that we want our public to know the types of equipment that we have, and that we have access to.

1:14:32And this new law ensures that all of the regulated equipment will be approved by a governing body before it is used.

1:14:40Now, whatever we might request from a neighboring agency will be a piece of equipment that has been approved by that agencies governing body.

1:14:48and whatever we might bring to help out another agency will be a piece of equipment that has been approved by you.

1:14:55So, no matter what we use in town, it will have been approved by a governing body somewhere near us whether it's the county of contra Costa or the local governing bodies of our neighboring cities.

1:15:08The list of equipment that i've included, along with the inventory really represents standard equipment for a modern and flexible police agency.

1:15:18These are the tools that we need to reduce the risk of people were taken into custody and to make sure that our officers have everything they need to deal with a sophisticated threat when it arises.

Two categories deserved the Chief's own caveats.

On tear gas: it is in the inventory, and “has never been used in El Cerrito in 25 years.”

Where it has been used: on recruits in the training academy, who are deliberately subjected to it so they know its effects — the canisters being held because the Alameda County academy required recruits to be sent with tear gas.

He did not claim it could never be deployed: the canisters “could potentially be used in the case of a violent riot.”

Then the categories the city does not possess but might call for under mutual aid: more sophisticated drones; command and armoured vehicles — the Sheriff has “an amazing command RV” useful in a natural disaster, and armoured vehicles “could be used in the case of an active shooter”; specialty firearms; entry devices including “flash” devices; and crowd control equipment.

His argument for listing them: whatever is requested from a neighbor “will be a piece of equipment that has been approved by their” governing body, and whatever El Cerrito lends has been approved by this one.

“No matter what we use in town, it will have been approved by a governing body somewhere.”

Significant

Tear gas has never been used in El Cerrito in twenty-five years, and is held because recruits are exposed to it in academy training. The Chief lists equipment the city does not own but might borrow so that, in his words, whatever is used in town “will have been approved by a governing body somewhere.”

12 “We don't have a SWAT team” captions 455–487

1:15:32Paul Keith: I hope that's given you a quick overview of all the items, now the military inventory it's much more detailed.

1:15:39you'll see some kind of plain English descriptions for me under uses and then you'll also see descriptions from the manufacturer, which is an element required by the state, if you have any questions or comments, for me, I would welcome them at this time and i'd be happy to answer them.

1:15:54Mayor Quinto: Okay, any questions from the Council.

1:16:04mayor pro tem O Gala.

1:16:07Mayor Pro Tem Motoyama: Thank you, Mary.

1:16:09Thank you, chief keef for your presentation I what I know that the list of equipment is stuff that we don't have but other jurisdictions have and.

1:16:25I guess if it's not on this list if there were an emergency, the vehicles can't come to our jurisdiction, how does, how does it I understand kind of um when there's an emergency like there's a big earthquake, we would want to command Center to come to Elsa Rio.

1:16:44But what happens if we didn't put it on the list, for example.

1:16:47Paul Keith: If we didn't put it on the list, then.

1:16:50I have to say, if it was a piece of equipment that we really, really need it and we made the decision to allow it in.

1:16:57The law allows a process for us to come before you, I believe the period is within 30 days and say Council, this is what we did, and this is why we did it.

1:17:07And it gives you an opportunity to say we approve of that use and we understand the circumstances so part of what the language of the ordinance recognizes that.

1:17:17And this is kind of an ordinance that gets re authorized every year is that if there were any past uses of military equipment that weren't previously approved that the chief before me has now given.

1:17:29enough reason for why it was done and why it was used in the circumstance that was here.

1:17:36Mayor Pro Tem Motoyama: Thank you, and I appreciate, you know I know that this is probably not the best written law, but I do appreciate the intent of.

1:17:45making things more transparent and helping us and appreciate how you're helping us understand like what you have and what is out there and why it might be needed, so thank you.

1:17:57Mayor Quinto: councilmember fidelis.

1:17:58Councilmember Fadelli: Thank you.

1:18:00i'm chief, thank you for this, I was just wondering generally, how does the city, how did you.

1:18:10determine overall what our city needs are their model cities are prototypes for size of cities and what you know next to the university next to problem areas, how do you decide what what our packages.

1:18:26Paul Keith: Well, I have to say, some of it does you kind of look at past incidents so i'm thinking back over 21 and a half year career here.

1:18:37I don't know that we've had an incident where we've needed an armored vehicle as an example, and so we look at kind of what our needs have been and whether or not this is something that's worth making the investment going forward.

1:18:50We also have to look at what other resources are available to us around us, so we know that we have some county agencies that have.

1:18:59armored vehicles as an example, we have some federal partners that have things like armored vehicles we look at what are some of the resources around us as well.

1:19:08it's kind of the same reason that we don't have a SWAT team, because we have access to swat teams in the region.

1:19:13We are a part of a joint SWAT team, but by being part of a joint SWAT team is we don't have to create our own tactical team and have all of the expensive resources that go along with it.

1:19:23Things like developing standard equipment for an officer there's a lot of models out there from other agencies, about the types of equipment that an officer, which should have.

1:19:33Things more specialty related items I have to say it does require some research by our officers to try to find the right fit for the Community and the right fit for our agency.

1:19:44One of the things that we look at when we think quantity is we think about how many units could be.

1:19:50could be deployed on a given day how many police cars, do we have so how many pieces of equipment, do we need to have every police car ready to go with the equipment they need to address it.

1:20:01So when you look at the quantity saw on the FN 303 Roger as an example that would give us enough equipment to have our detectives and our patrol officers outfitted with a less lethal device, it would be in their trunk if they ever needed the piece of equipment.

1:20:17Councilmember Fadelli: Thank you so he said he is unique and a lot of factors that go into it, and now the State law will include the elected officials in discussing it with you, so I agree the.

1:20:31Transparency is good on this, you have a lot of non lethal things I saw can you talk about what type of usage, those are for what are the incidents that you might use, though, give me two or three of the non lethal and how you might use them.

Fadelli asked how a city decides what it needs, and the answer describes the economics of a small department.

His question: are there “model cities or prototypes for size of cities” to work from?

The first input is history: looking back over twenty-one and a half years, “I don't know that we've had an incident where we've needed an armored vehicle.”

The second is what is available regionally — county and federal partners with armoured vehicles.

And the principle that follows: “it's kind of the same reason that we don't have a SWAT team, because we have access to SWAT teams in the region.” El Cerrito belongs to a joint team, so it need not build its own.

Quantity is decided by deployment: “how many units could be deployed on a given day, how many police cars do we have.”

Motoyama had established the other half: if equipment not on the list were needed in an emergency, the law allows the department to use it and return to Council within 30 days to explain “why it was done and why it was used.”

Significant

The Chief gives past incidents and regional availability as the reasons El Cerrito owns no armoured vehicle and has no SWAT team of its own. It belongs to a joint SWAT team, and county and federal partners hold armoured vehicles.

13 Beanbag rounds captions 488–520

1:20:48Paul Keith: Sure, so we've got the two primary non lethal platforms, we have right now, one the the ammunition shoots is something called a drag stabilized beanbag.

1:21:00So it's a fabric beanbag made out of ballistic material is filled with lead shot and it has kind of tentacles to follow behind it, so you shoot it out of a conventional shotgun ours are especially mark so that it's clear that this is a weapon designed for a less lethal encounter.

1:21:16What that would be used for is if we have a situation where a person is armed with a dangerous weapon.

1:21:22But the dangerous weapon, maybe isn't a firearm but it's something like a knife or a machete or an axe to situation where officers don't want to get up close and personal with the person.

1:21:33But they want to stop the person's behavior maybe it's a person is threatening other people with a knife threatening the you know.

1:21:40Maybe throw any other people with a knife we don't want to get close and take the risk of getting stabbed ourselves, so what Leslie the launcher allows us to do is.

1:21:48impact that person from a distance, trying to convince them to drop the weapon and be like hitting them with a baton it's about the same impact as a baton only you can do it from 25 yards away from 15 years away.

1:22:02So it gives us time time, gives us, you know thinking time it gives us time to react because of space and time to react.

1:22:09So, most of the situations for that particular device you're going to be somebody armed with a weapon something that's dangerous somebody that could hurt or kill an officer that we don't want to be.

1:22:19In close proximity to because if the COPs in close proximity, with the lethal weapon there's a chance the COPs gonna have to shoot the person and kill the purse so we're trying to create situations where we don't have to shoot or calibers.

1:22:33Councilmember Fadelli: So you said if equipment from another city or locale comes into our city, basically, you said is some elected official has approved that.

1:22:44Paul Keith: that's right.

1:22:45um.

1:22:47Councilmember Fadelli: Okay, and we're supposed to have the law also says there will be a public input meeting at some point, you know when that will be or what.

1:22:57when's that Wednesday requirement, the deadline for that.

1:23:00Paul Keith: They are there, they asked for a public meeting following this approval and before the next time that it comes before you.

1:23:06Our plan is to have a public meeting that covers not just the military equipment inventory, but a public meeting that covers a lot of different things that the police departments are doing in the last year, so that we can cover a variety of topics and.

1:23:20Make sure that people are engaged and interested in in what we're talking about.

1:23:24Councilmember Fadelli: So any change.

1:23:26Paul Keith: Part of.

1:23:26The process for that to sorry customer fidelity is that we take in that feedback and use that to help guide future decisions about military.

1:23:36Councilmember Fadelli: um.

1:23:37Any any feedback, you have.

1:23:44To.

1:23:47Let me, let me shift on that I was going to just finally ask you the manual that you created and gave the Council was that required by the state or was that you just tell our department doing that.

1:24:02The material that you had is is it did you lay out all the weaponry.

1:24:08Based on the State law or just you created that.

1:24:12Paul Keith: Well, if I had thought about it, ahead of time, I will just laid it out there, because we we share it a lot when people ask us where we have, but that is required by.

1:24:20Councilmember Fadelli: State OK OK.

1:24:21Paul Keith: structure of the list the items included are required.

1:24:24Councilmember Fadelli: Okay, and finally chief Thank you when you will ask us for certain things will that be in the budget process for a separate time when you will display why you need something new, on our police department.

1:24:38Paul Keith: Well i've included the items that were seeking on here, these are not items that we've made the decision to purchase yet.

1:24:46But I would say that, as part of the approval of this if you approve the list as it's written your improve your approving.

Asked to explain the less-lethal options, the Chief described one in detail.

The round: “a fabric beanbag made out of ballistic material… filled with lead shot” with stabilizing tails.

The situation it is for: a person armed with “a knife or a machete or an axe” threatening others — where officers “don't want to get close and take the risk of getting stabbed.”

The effect intended: to “impact that person from a distance, trying to convince them to drop the weapon,” comparable to a baton strike.

What it buys: distance, and therefore “time — thinking time… time to react.”

The alternative is an officer in close proximity to someone with a weapon, where “there's a chance the cop's gonna have to shoot the person and kill the person.”

What the evening set up: the second reading on 7 June, which passes after a single exchange — and the annual public meeting the law requires, which the Chief said would cover “not just the military equipment inventory” but “a lot of different things” the department had done in the past year.

The first of those public meetings is held in November, on the automated license plate reader proposal.

Note

The less-lethal round is justified as a substitute for proximity — an officer far enough away has time to think. A different launcher platform, gas-powered rather than firearm-based, is among the items listed as under evaluation in the same inventory.

14 A compressed air platform captions 521–555

1:24:54Paul Keith: That we could continue to seek those items and eventually make the purchase if there is the budget available for it, so the two categories that are in the sock category on this.

1:25:05Our new drone that has greater capability and changing are less lethal platform from our firearms based platforms to a compressed air base platform, similar to what Berkeley police yes.

1:25:18Councilmember Fadelli: So we may be approving certain things they just may not be coming up in this year's budget or next year and we'll have to review that as they come up if revenues available.

1:25:30Paul Keith: Yes, if we need to find a special if we don't have the budget set aside for this equipment purchase we may have to come in front of you and say we need a special authorization to make this purchase.

1:25:44Right now, I think that we have what we'll have to see what the budget looks like if the budget has space for some of these things we may proceed with them if the budget doesn't have space for them, then we may not.

1:25:55Some of these items are things that would be a good use of State grant money to purchase, so it would be things that would you know wouldn't be an extra amount out of the general fund that would be something that we would probably use a special fund for.

1:26:06Councilmember Fadelli: Thank you.

1:26:12Councilmember Rudnick (she/her): Thank you so much, great presentation chief i'm going to flip the questions I was going to ask if it's related somewhat to councilmember fidelity's question, which is just to confirm for members of the public that.

1:26:26That he cpd will not purchase equipment, not on that list without authorization from Council first and once Council authorizes that then there that can be purchased.

1:26:38If there is a situation where there's a dire need for an emergency purchase Is there something in the State law or in our practice that we're going to how it would then be introduced to us if.

1:26:50Some you know some widget has to be purchased that would be considered to be in this military equipment list.

1:26:58Paul Keith: is basically the same process, for if we bring in.

1:27:02piece of equipment that's not on the list from an outside agency so if there is some critical piece of technology or critical piece of equipment.

1:27:10that we need to address some emergency emerging situation, we can make the purchase, but we have to come before you.

1:27:18Within 30 days to tell you what we purchase why we did it and what we use it for, and then you have to say that's either approved going forward or it's not approved going forward.

1:27:29Councilmember Rudnick (she/her): All right, and then.

1:27:31Paul Keith: I say i'm sorry.

1:27:35Councilmember Rudnick (she/her): And then, one of the things that's in the inventory in our packet but wasn't talked about in our presentation so just for the for the public to understand is that in the inventory, it also lists the training necessary.

1:27:50required for personnel to use this equipment, how is that and I know we are small department, but how is that enforced internally what checks and balances are there to make sure that officers personnel do indeed have the training involved to use that specific piece of equipment.

1:28:12Paul Keith: Well, we have a pretty sophisticated database program that tracks everybody's training and part of it is that you don't get issued a piece of equipment until you actually know how to use it.

1:28:22So we when it comes to things like.

1:28:26Less lethal launchers.

1:28:29firearms, no one gets to use those until they've been trained on how to use the piece of equipment.

1:28:36So in that comes, especially for Leslie the launchers comes very early in their time it was read oh this isn't the first couple of weeks that they learn how to use those devices, so that.

1:28:45There are any critical incident they know how to use it, other things like the drone or a little bit easier, we have a limited number of drone operators.

1:28:53The drone operators are the only ones that grab it we don't put people who are not trained in it, but we have a database attracts it and we also have a process from the state that.

1:29:02audits our training on a two year basis, to make sure that all of our officers are being trained in all the basic skills across the board, every two years.

1:29:13Councilmember Rudnick (she/her): Thank you.

1:29:14Mayor Quinto: councilmember abramson.

1:29:16Councilmember Abelson: Yes, um you mentioned drones and and I saw it in the list.

1:29:23I was wondering if you could define what what makes something a drone and how we use them, or do we are they they're waiting to be used.

1:29:34Paul Keith: So a drone is basically something that's remote control, so it doesn't have a pilot sitting on it so two different types of drones to get frequently used in police work aerial drones fly up with the camera so that they can take pictures of things.

1:29:48And there's also ground bass drums like a bomb squad might use to retrieve a bomb from a building to help them defuse a bomb so.

1:29:57We had to now, you might my time in Australia, we definitely have had bounced back come here and diffuse things and make them safe over the years and.

1:30:04Having a robot vehicle to do that is is very helpful definitely take some of the risk of the job, not all the risk it's a very risky assignment, but it takes some of it.

The Chief identified which listed items were actually under evaluation.

Approving the list means “we could continue to seek those items and eventually make the purchase if there is the budget available.”

The two in that category: “our new drone that has greater capability,” and changing the less-lethal platform “from our firearms based platform to a compressed air based platform.”

The comparison he offered: “similar to what Berkeley police” use.

Fadelli established that approving the list does not commit the budget — purchases would still need funding.

Rudnick confirmed that nothing off the list would be bought without Council authorization, and that an emergency purchase must come back within 30 days for approval. On training, the Chief said a database tracks it, no one is issued equipment until trained, and the state audits training every two years. Abelson asked what a drone is: anything remote-controlled, either aerial with a camera or ground-based, like a bomb squad robot.

Significant

The proposed replacement launcher runs on compressed air rather than a firearm frame — which is why the department is evaluating it, and why it is listed as sought for purchase within the next year. The June second reading confirms these items are sought but not bought, with evaluation running twelve months.

15 “A high standard” captions 556–608

1:30:16Councilmember Abelson: Thank you.

1:30:18Okay.

1:30:19Mayor Quinto: we're going to open the public hearing of the public hearing is now open at this time, members of the public who wish to provide public comments for the side and she used the raise hand feature to request to speak city clerk Please proceed.

1:30:34Thank you mayor what we give them a chance to raise hands if they would like to speak, I did receive public comments on this item by the advanced deadline that was posted with supplemental materials from Michael freeman.

1:30:45And mayor this and we have, I see three hands requesting to speak, can you please confirm the time limit.

1:30:51Mayor Quinto: But three boats you.

1:31:04Okay i'll go to our first speaker, which is who is Cindy macpherson.

1:31:10And you should be able to unmute and begin your time now.

1:31:14Cindy McPherson: yeah hi there, thank you.

1:31:16And also read a resident and evaluate good government, democracy and human rights and i'm concerned about the potential for increased use of military and surveillance equipment in our Community.

1:31:27Also, as a volunteer with the American friends service committee and we examine the use policies across the state in regards to implementing this law at 41.

1:31:37We reviewed EC policy, and I want to raise to you a few concerns one, is it the city council has 180 days from the date that the police department.

1:31:47published on April 13 to take action, so you don't need to rush to approve tonight that I would ask that the Council should not be hurried and should schedule hearing for more Community participation.

1:32:00Second, none of the equipment policies specify authorized uses procedures required to use it or independent oversight authority which is required by.

1:32:10definition of a use policy.

1:32:14The policy for less lethal launchers, and the missions that you talked about the chemical agents and impact projectiles doesn't conform to another law, which is a before at 48.

1:32:25limitations on their use for crowd control, which are very restrictive so that should be looked at a before at 48 is different from at 41, which was also an active just this year.

1:32:37And lastly, the policy authorizes use of military militarized gear that's owned by other departments which you spoke about.

1:32:45Maybe that's from, for instance, the contra Costa.

1:32:48county sheriff, but it could be any Bay area, law enforcement agency and include em rap tank like vehicles are the l RAD sound cannons and assault rifles so.

1:33:00Even though the policy restricts other agencies from using this equipment and raise that aren't authorized by i'll St joe's policy which is good, the proposed El cerrito policy for this gear still should be more specific, thank you.

1:33:15Thank you, our next speaker is Tracy rosenberg Tracy should be able to unmute and begin your time now.

1:33:22Tracy Rosenberg: Yes, thank you hi Tracy rosenberg from oakland privacy, I just want to underline a couple of points that the previous speaker.

1:33:31made, firstly, the timing, you do have 180 days from after the time that the police department posted the policy, and I want to encourage you to use that time you had mentioned the idea of having a.

1:33:46Community hearing or a public hearing after you voted to approve the policy and my senses generally the public prefers to weigh in before you approve the policy, so they can tell you what they think about it, and you can take that into.

1:34:04into account to possibly make some modifications, or at least to hear out their concerns, so I would encourage you to rearrange the order of those things and schedule a public hearing with a bit more notice.

1:34:20Prior to your vote of approval second thing that I wanted to underline was ad 48 because I know it's confusing or two different laws and to some in some ways they intersect with each other at 48 was sponsored by assembly Member lorena Gonzalez, who is now the President of the California.

1:34:46Labor federation, but was then and assembly Member representing chula vista and it was specifically addressing the use of less than lethal.

1:34:58weapons in crowd control, which is one of the more common things that they part are used for and it puts some very specific restrictions on crowd control use, which I think should be should be.

1:35:16In your policy language you know, firstly because it's the law and, secondly, because each your department should clearly communicate what the standards are.

1:35:31And, as I understand it, i'm not quoting off on quoting off the top of my head here, but at 48 specifically said that in crowd control situations that less.

1:35:42than pleased those can only be used when there is an imminent threat to property or or life and that they could not be used for things like clearing the street or.

1:35:57Imposing a boundary and I think it's important to get that into the policy language so i'll stop there, but again I encourage you to have the public hearing before you approve the policy not afterwards, thank.

1:36:14You our next speaker speaker is Michael Friedman, Michael you should be able to unmute and begin your time now.

1:36:25Michael Freeman: Good evening Council members and staff Michael freeman also Rico resident a CEO you volunteer volunteer and member of Human Rights Watch and Amnesty International.

1:36:36I also i'm concerned very much about good government democracy, privacy and other human rights, and that is why i'm very disturbed about the potential for increased use of military.

1:36:45and surveillance equipment in our Community on energy to fully and properly implement this law and I questioned some of the vice, the city, the police chief got from his attorneys because we have some questions here that it seems like it doesn't completely comply with the law.

1:37:04i'm concerned that many the policies are incomplete and we're just.

1:37:11i'll repeat the point you have 180 days to do with it so there's no rush i'd rather see this done right and really get the whole city involved with this, I think everyone in town, would like to know if there's military equipment being used potentially.

1:37:23against them in some situations um my gorgeous concern is know the equipment policies specify authorized uses the procedures required to use the equipment or independent oversight authority, as required by a before anyone's definition of a use policy.

1:37:41All I see is complying with a be 41 should subscribe uses that also that are not authorized, for example, if you use of drones for criminal investigations is not authorized without a warrant.

1:37:54Or if you said rubber bullets and chemical agents is not authorized opinion children elderly or other vulnerable persons are present.

1:38:02If you so the arrow armored vehicle for resting spot suspect is not authorized without consideration of alternatives.

1:38:09Military policies most incorporate the new state limits contained in a be 48 on the use of chemical agents is just tear gas and rubber bullets.

1:38:17considered military equipment under this law.

1:38:20It for a be 48 previously use of chemical agents that just tear gas and kinetic impact rounds and crowd control situations, except that the uses objectively reasonable to defend against a threat.

1:38:32To life or serious bodily injury and that is a high Stein standard he had dozens of policies from other places apartments do not incorporate that language.

1:38:43I also want to note that assault rifles are not considered standard issue service weapons and they require use policies assault rifles owned by law enforcement agencies such as ar 15 rifles are expressly included in ap for 81 as weapons defined in the state assault weapons ban legislation.

1:39:02I hope you will take a look at the letter I said, because it has many other concerns, thank you very much for your time.

1:39:11Thank you, our next speaker is john Lindsay Poland john you should be able to unmute and begin your time now.

1:39:18John Lindsay-Poland: Thank you and good evening I worked for the American friends service committee and as as macpherson said we've conducted a study.

1:39:26of military and militarized equipment used by police and sheriff's departments across the State, as well as at 41 policies.

1:39:35sit in a sudden a lot of these hearings and first thing I want to say is that you are you're not really approving equipment tonight or whenever you're approved it's about policies about use policies.

Public comment came from four people, including volunteers and staff of groups that track these policies.

Cindy McPherson, an American Friends Service Committee volunteer, said the Council had 180 days from the 13 April posting and need not rush; that the policies did not specify authorized uses, required procedures or the independent oversight a use policy must have; that the launcher policy did not conform to AB 48; and that the provisions for gear borrowed from other agencies, such as armoured vehicles, sound cannons and assault rifles, should be more specific.

Tracy Rosenberg of Oakland Privacy urged the Council to use that time and hold the public hearing before approval rather than after. AB 48, she said, restricts less-lethal weapons in crowd control to imminent threats, not uses such as “clearing the street” or imposing a boundary.

Michael Freeman raised AB 48, a separate statute governing chemical agents — tear gas — and kinetic impact rounds in crowd control.

His point: that law limits their use to circumstances involving a threat “to life or serious bodily injury and that is a high” standard, and military equipment policies must incorporate it.

His second objection: “assault rifles are not considered standard issue service weapons” in the sense the exemption intends.

He had submitted a letter with further concerns.

John Lindsay-Poland of the American Friends Service Committee, which has studied military and militarized equipment used by police across the state, began by telling the Council it was “not really approving equipment” but use policies.

Significant

Four public commenters, two from the American Friends Service Committee, tell the Council the policy does not meet the law's requirements. Three of them object that it does not reflect AB 48's limits on chemical agents and impact rounds in crowd control.

16 “Ninety percent of them” captions 609–626

1:39:49John Lindsay-Poland: Because often I think people want to focus on the worst case scenario Okay, we need this equipment for such and such a worst case scenario, but the other question is what what what.

1:40:00Guidance does the policy give on the use of the equipment for lower level uses.

1:40:07to serve a drug Warren in a crowd control situation on patrol does it really give guidance to the Department on that.

1:40:15And I would submit that the authorized uses sections for these for equipment in this proposal do not meet that in nav 41 does require a definition of authorized uses.

1:40:27Again on assault rifles we have looked at probably more than 60 or 70 different policies around the state now almost every department of any size.

1:40:39Of like Elsa radios are larger has patrol rifles has assault rifles and 90% of them include policies for them when it when is it okay to deploy them and not not just shoot them deploy them and when is it not okay.

1:40:58If the Elsa rido officers who aren't foot patrol or bike patrol don't carry them most people would consider that that is not standard issue, even if every officer trains in them.

1:41:10And that is the only exemption and at 41 for not including assault rifles in your policy if you have them is if they are standard issue and I would submit that in this case, they are not standard issue, but if they are.

1:41:22If every officer carries one all the time, then you have a question around militarization.

1:41:30Why, why would this department be so much more militarized in terms of making them standard issue, and then, finally, I want to emphasize what previous speaker said about independent oversight so.

1:41:43As part of these policy requires identifying a party person or entity that will exercise independent oversight for implementation of the policy and the proposal before you does not do that.

1:41:56So I also urge you to use the time in order to revise this policy to make it conform to.

1:42:04To State law, as well as be a really, really good policy that might mean delegating it to a committee or having another public hearing you do have the time, and you can make this much better thanks so much for listening.

1:42:17To me, or that does conclude a request to speak on this item okay.

1:42:22Mayor Quinto: Good Thank you how do I have a motion to close a public hearing.

1:42:31emotion by eight Wilson.

1:42:33Mayor Pro Tem Motoyama: Dev a second second.

1:42:35Mayor Quinto: Second, by mayor pro tem multi i'ma them Clark.

Lindsay-Poland's criticism was methodological.

His first point: policies get written for the extreme case — “people want to focus on the worst case scenario” — when the real question is “what guidance does the policy give on the use of the equipment for lower level uses.”

The examples he named: serving a warrant, a crowd control situation, ordinary patrol.

His conclusion: “the authorized uses sections for these… in this proposal do not meet that.”

On assault rifles, he brought comparative evidence: of “probably more than 60 or 70 different policies” reviewed from agencies of El Cerrito's size or larger that carry patrol rifles, 90% of them include those rifles in the policy.

His argument about the exemption: if officers on foot or bike patrol do not carry them, most people would not call them standard issue — but “if every officer carries one all the time, then you have a question around militarization.”

And the requirement he said was missing: the policy must identify “a party person or entity that will exercise independent oversight.” He urged the Council to use the remaining time to revise it, perhaps “delegating it to a committee or having another public hearing.”

Significant

By one commenter's review of more than 60 or 70 policies, 90% of comparable agencies with patrol rifles include them in their policy; El Cerrito does not. He also says the policy fails to name the independent oversight body the law requires.

17 “It's just a matter of making sure” captions 627–659

1:42:38mayor came to.

1:42:39Yes, mayor pro tem O JAMA.

1:42:42Yes, Council member ableton.

1:42:44Yes, councilmember fidelity.

1:42:46I Council member redneck.

1:42:48I motion carries.

1:42:51Mayor Quinto: Okay, great now in any comments or questions for our cheaper place here pretend like yama hey.

1:43:01Mayor Pro Tem Motoyama: Thank you mayor um I do have a question about what are the points that the one of the speakers race about ad 48.

1:43:12Is that something that.

1:43:16is included under.

1:43:19which I didn't see, but is it somehow included in in in the manual.

1:43:25Or is that something that you would be taking back to like support to add as an additional thing because it what it sounds like it's it's requiring is very reasonable and it seems like it would be good to just include that as we move forward.

1:43:44Is it, you know so so that the whole document is in compliance so.

1:43:52Do you have any anything about ab 48 that we should know.

1:43:57Paul Keith: Though our policies represent best practices for the state and are pretty standardized throughout the state, so I imagine our policy on less lethal.

1:44:07projectile launchers, as well as our policy on first amendment assemblies, are going to pretty much mayor just about every other agency in the state.

1:44:15I am interested in this in the comment you made about requiring oversight from 1848 on using projector launchers, and first moment assembly, so I am going to look into that.

1:44:28That policy is kind of outside maybe outside of the scope of what we're talking about tonight, but.

1:44:34Our policies are always undergoing evolutions as new case laws come out as the state passes new laws so there regularly updated.

1:44:43um I actually checked to see on our policy manual if there were any updates waiting for me today.

1:44:48But our policies are all up to date for state standards, at least as far as our attorney group is concerned.

1:44:55So i'm going to look into the oversight language around at 48 otherwise on my review of at 48 our policy is a compliant policy, and it does it does coincide with what state legislators wants when it comes to project how launchers, and first amendment symbols.

1:45:17Mayor Pro Tem Motoyama: Thank you.

1:45:18Mayor Quinto: councilmember redneck.

1:45:21Councilmember Rudnick (she/her): Thank you, I do want to address the feedback from public comment about ar 15 and it being standard issue versus it being specifically called out in the legislation, as the military equipment and could you give a little bit more clarification on that.

1:45:42Paul Keith: Sure, and the definition of military equipment, the State Assembly calls out firearms specifically a.

1:45:49firearms that are defined as assault weapons unless these firearms are considered standard issue for the agency.

1:45:57So all of our officers, once they have received the training are provided with patrol rifles now that wasn't always the case back in the early 2000s you had to go through a special process to be approved to carry a rifle.

1:46:11that's no longer the case, all of our officers are capable of carrying it it's just a matter of making sure they got the training before we issue them the rifle.

1:46:19So I do consider it a piece of standard equipment is something that our officers roll out within their cars.

1:46:27You know just because something standard equipment doesn't mean it's constantly on the person, it would be really awkward to be on foot patrol with a rifle on your chest I.

1:46:35I think that would that would not be in in the spirit of community policing that I value so much, but there's other pieces of equipment that people don't always wear situation doesn't call.

1:46:45Mayor Quinto: Thank you councilmember fidelity.

The Council put the objections to the Chief.

Motoyama asked directly about AB 48 and whether the oversight requirement was met.

His answer on the policies generally: they “represent best practices for the state and are pretty standardized,” maintained by an outside policy provider and kept “up to date for state standards, at least as far as our attorney group is concerned.”

On the specific point: “I am interested in… the comment you made about requiring oversight from AB 48 on using projectile launchers,” and undertook to “look into the oversight language.”

On rifles, Rudnick pressed the standard issue question.

The position now: “all of our officers, once they have received the training, are provided with patrol rifles” — which was not previously the case. “That's no longer the case; all of our officers are capable of carrying it.”

His qualification: standard equipment “doesn't mean it's constantly on the person” — an officer walking with one visible “would not be in the spirit of community policing that I value so much.”

Significant

Every trained El Cerrito officer is issued a patrol rifle, unlike in the early 2000s, and the Chief considers that what makes it standard equipment under the exemption. A public commenter had argued that if every officer carries one all the time, “then you have a question around militarization.”

18 “I wish we had a different world” captions 660–710

1:46:48Councilmember Fadelli: Thank you, and I want to ask the chief to respond to the other comments our public commenters made about do we have our timing backwards for the public event should we be listening to our public before we vote on this, or can you explain why we should vote tonight.

1:47:07Paul Keith: Well, my thoughts would be that we put this out about 30 days ago we put it out pretty broadly in the city managers update.

1:47:15um I also talked to the city clerk and we put it out in the upcoming items for Council consideration as well 30 days out what we did.

1:47:26What we just did was also a public hearing, where people had an opportunity to express their concerns about the items.

1:47:32I don't know that I would have gotten a different response if I had put this out, I suspect it probably would have been about the same for the police department and held the request to have a public hearing so.

1:47:43My feeling is that just happened we're going to incorporate as part of an annual reporting out process that we do with our Community, you know moving forward and the rest of the year, fortunately, my annual report isn't quite done yet so want to have that done before we go.

1:47:57Councilmember Fadelli: Okay, and I I I think this State law, which I think the aclu supportive means we're going to have a public process on going into the future, so I think that's the positive thing that we're talking about here.

1:48:09I mean I my final statement is I wish we had a different world.

1:48:14But we don't have a different world, and I think this bill will make our world better by discussing these things going forward and making sure we know what's out there monitoring what you say, reviewing what you request see if our budget can accommodate that.

1:48:32I would never like to be the person that might handcuff our department just this last week, as you mentioned chief what's happened out there, whether it's kidnapping a terrorist attack hostage situation.

1:48:46We can't be responsible for that and our Council will be responsible if we don't allow you certain things, but we appreciate the new freshness openness, transparency, that will happen with the State Law, so thank you.

1:49:03Mayor Quinto: Okay.

1:49:05anyone else.

1:49:08Okay, do I have a motion to hold the introduced by title and waive any further reading have an ordinance adopting a military equipment use policy.

1:49:20Sky Woodruff (City Attorney): very nice very much era had another.

1:49:24Mayor Pro Tem Motoyama: quick question um Thank you mayor sorry to interrupt but you know I think for for for our public we've had a chance to sit with us and read this.

1:49:36And I think what is alarming sounding is, this is a military equipment ordinance and we have talked about in public has talked about armored vehicles and all kinds of really frightening kinds of equipment and.

1:49:52I just want to have you confirm for us chief that we are not, you are not requesting that we buy this stuff.

1:50:00that you are not requesting that there's any kind of need.

1:50:04At the moment, for this kind of equipment and it's not your intent to militarize us, because I think that's also very important to confirm for people.

1:50:13That there are these things on the list, because some neighboring jurisdictions have some equipment that in case of a significant emergency that might be be called upon and that's why it's in this list just to just to be super clear about what it is that we're trying to do.

1:50:31Paul Keith: So i'm not advocating for the purchase of any armored vehicles, but I am advocating for you to allow me to use the resources that we have in other agencies should the need arise.

1:50:43The items that are being sought, that are in this category military equipment, as specified by the state or the drone.

1:50:51The different the new launcher system and the ammunition to go along with that launcher system, those are the, the only items that were considering purchasing in the next 12 months.

1:51:05Mayor Pro Tem Motoyama: Thank you and good can we talk that can you can you confirm that that are policing intent here, and also, it is not a militarized.

1:51:14Paul Keith: Oh Hello.

1:51:16Absolutely not no.

1:51:18No.

1:51:20Paul Keith: Our goal is to have COPs that are easy to approach that are part of the Community now, our goal is not to have you know militarized police department.

1:51:29In you know what that is you know commonly, I think, creating people's people's perceptions and imagination, so no, no, I don't want to militarize please I want a nice apartment it has the equipment that we need.

1:51:41Mayor Pro Tem Motoyama: Thank you.

1:51:42Mayor Quinto: councilmember run it.

1:51:45Councilmember Rudnick (she/her): and also in that same spirit surveillance, I heard that word being used and.

1:51:51The use of a drone has approved in that inventory there's approved uses for a drone and none of them are surveillance.

1:52:02Or at least it has to be understand there will be a warrant or there has to be some specific use for using this drone and then any of that flight data is then ability to be sanctioned by the public if requested, if I understand correctly.

1:52:20Paul Keith: Well, what we do is we post our uses and we're creating our annual for an hour we're going to report out on the different things we use drones for over the course of 2021.

1:52:30But yes for the uses that we specified things like taking a photograph of a crime scene, you know you don't need a warrant for that if you're out in the public.

1:52:39There are some specified uses that you need a warrant for it, and believe me that our officers follow the law when it comes to when they need search warrants so.

1:52:51That is that is a part of police work that is inseparable that you need to get a search warrant, we need a search warrant and there's just volumes of case law that you couldn't ever possibly incorporate into your policy because there's just.

1:53:03So many volumes that have been that have been decided by judges about when a particular piece of equipment needs work, thank you.

1:53:12Mayor Quinto: Okay well one last time any other comments for chickie.

1:53:18Going once going twice Okay, do I have motion to hold the introduced by title and waive any further reading of an ordinance adopting a military equipment use policy.

1:53:30So moved.

1:53:33Mayor Quinto: Okay, I emotion by redneck second by fidelity yeah okay Madam clerk go ahead.

1:53:41You can tell.

1:53:42Yes, mayor pro tem O JAMA.

1:53:45Yes, councilmember abramson.

1:53:48Yes, comes Member fidelity.

1:53:50Yes, councilmember redneck.

1:53:52I mentioned carries.

1:53:54Mayor Quinto: Good very good Thank you chief all chapati Thank you.

Fadelli asked the Chief to respond to the process criticism, then gave his own reasoning for voting yes.

The Chief on outreach: the draft had been posted “about 30 days ago… pretty broadly,” listed in upcoming Council items, and the hearing itself gave people the opportunity. His view: “I don't know that I would have gotten a different response if I had put this out” differently.

Fadelli's own position acknowledged the law's origin: “this state law, which I think the ACLU supported.”

Then the statement that sums up his vote: “I wish we had a different world. But we don't have a different world, and I think this bill will make our world better by discussing” it.

And his limit: “I would never like to be the person that might handcuff our department” — with the Council “responsible if we don't allow you certain” equipment.

Motoyama asked the Chief to confirm for the public what the ordinance was not: that he was “not requesting that there's any kind of need” at present for this equipment, and that “it's not your intent to militarize us.”

Rudnick noted that none of the drone's approved uses is surveillance; the Chief said some uses, such as photographing a crime scene in public, need no warrant, others do, and officers follow the law on search warrants.

The ordinance was introduced, with second reading on 7 June.

Significant

A councilmember votes for the ordinance saying “I wish we had a different world,” and that the law will make it better through discussion — and a colleague has the Chief confirm he is not advocating for an armoured vehicle, only a drone and a new launcher over the next 12 months. Three weeks later the second reading confirms the armoured vehicle and launchers are listed but not being bought, with evaluation running twelve months.

19 A heavy lift captions 711–750

1:54:00Mayor Quinto: Next we'll go to the public hearing on masterpiece schedule revisions for fiscal year 2022 23 and we have a our financial director treasurer Sandra the Leader that will give us a presentation, good evening.

1:54:23One moment she's with us she's getting her there we go.

1:54:28Sandra Dalida: Hello.

1:54:29Mayor Quinto: hello, good evening.

1:54:31Sandra Dalida: i'm Sandra delete a finance director treasure i'd like to thank you mayor mayor pro tem and Council members for the opportunity to present the city's.

1:54:40fyi 2223 masterpiece schedule, I also would like to thank all the department directors and the city clerk the city manager and assistant city manager in the finance department.

1:54:53This was quite a heavy left in a short period of time and it took in a lot of collaboration to make this come to the City Council at this time, and so, with that the action proposed is to conduct, let me share my screen briefly.

1:55:11Make sure that the rights green.

1:55:21Yes, I believe I have the correct screen.

1:55:24There we are actually seeing your presenter.

1:55:26slide not the slide itself.

1:55:31Sandra Dalida: Oh.

1:55:36I don't see any other i'm sorry.

1:55:41Can you see it now.

1:55:42Yes, oh perfect, thank you, I apologize for that delay, I just wanted to briefly give you an overview of how we arrived, with the proposed master schedule.

1:55:53First of all, the exhibit a I wanted to make a reference to exhibit a, which is the master fee schedule detail, it was released with the agenda item.

1:56:05Later this afternoon and attendance to exhibit a was also released it provided a few updates, in particular for the Community development area, there were a few fi updates.

1:56:16And for tobacco retailer licensed program fees over to updates the master fee schedule is the basis for all citywide fees and charges.

1:56:26And is consistent with the city's goal to achieve long term financial sustainability, the master fee schedule also generates the revenue.

1:56:37All for all fees charges for services business license and that's going to be included in our proposed fyi 2223 budget and that will be based on the master fee schedule that's approved by this Council.

1:56:50Just as a highlight the strategy and approach that the team used to present this be scheduled to you.

1:56:58Number one when the framework was to remain consistent with applicable legal and regulatory restrictions and guidelines.

1:57:05We also considered the consumer price index from the US bureau of Labor statistics for the Western metropolitan area that was one of the factors that we use when reviewing the cost for programs and services.

1:57:20In addition, they also analyze the cost to decrease city subsidies, as recommended by the State auditor's report.

1:57:28In addition, we maintain and reduce fees as necessary to align with other cities and organizations with comparable programs.

1:57:37And, in some instances, for example, for the recreation department, the female rate may have been increased to offset costs because of the need for a higher level staff for specific programs.

1:57:49Also, as a highlight for the fire department enough like 2122.

1:57:54The significant fee increases so which you would note in the f5 2223 proposed changes are primarily based on inspection times for various categories for the fire department.

1:58:06Also, as a future highlight the Community development plans to conduct an all inclusive development phase study.

1:58:13Because of the rising construction costs, in summary, there are no new fees presented and generally there's a 4% increase that is proposed.

1:58:24As reflected in exhibit a and in the agenda, except for the conditions that I highlighted earlier, such as regulatory or legal restrictions or other factors.

1:58:36And for any detailed questions about any specific fees for any departments, the department directors available to respond and because that Thank you.

1:58:46Mayor Quinto: Okay let's bring this back to the Council questions for our treasurer financial director.

1:58:58councilmember evils.

1:59:00Councilmember Abelson: Yes, thank you very much for this report, by the way, and I, like the way it was folded really made it easier to read I looked very hard, through the data.

1:59:15In the report, to see if there was anything that I would call out of line with the rest of what's going on and didn't find anything did I miss something or is it truly not there.

1:59:28Sandra Dalida: You didn't miss anything, this is a very, very modest fee proposal, I think you had some significant fee increases and f5 22 and this year was more of a whole steady except for using the CPI.

1:59:46And if there were any other regulatory changes or programmatic changes that necessitated increase or change, so this is a pretty basic master fee schedule okay.

1:59:57Councilmember Abelson: Thank you.

1:59:58Absolutely.

The master fee schedule public hearing opened, presented by the Finance Director.

Her thanks went to all the department directors, because the schedule covers every service the city charges for.

Her description of the exercise: “quite a heavy lift in a short period of time,” requiring substantial collaboration across departments.

Her approach: stay within legal limits, consider the consumer price index for the western metropolitan area, analyze the cost of reducing city subsidies as the State Auditor recommended, and align with comparable cities. Fire fee changes were based on inspection times, and community development plans a full development fee study. There were no new fees, and generally a 4% increase.

The proposed FY2022-23 budget would be built on the schedule the Council approved. Abelson found nothing out of line, and the Finance Director called it “a very, very modest fee proposal,” the significant increases having come the year before.

20 The master fee schedule captions 751–789

2:00:01Mayor Quinto: Any other questions.

2:00:05councilmember fidelity.

2:00:06Councilmember Fadelli: Yes, thank you yeah I thought it looked really good, the one thing I was wondering it you agree that you looked at CPI.

2:00:16Inflation has played a role, our state auditor said, we need to focus on this to deal with sustainability in our city and.

2:00:27Correct me if i'm wrong and maybe this haven't we always had just a 3% increase historically I have.

2:00:35Sandra Dalida: My city.

2:00:36city manager can probably respond to that I did look back at what you had last year.

2:00:42which has generally been at 3% but the entire history for for numerous years I think city manager would be best to respond to them.

2:00:50Councilmember Fadelli: Karen and I usually 3%.

2:00:52Karen Pinkos (City Manager): Generally speaking, and certainly in the past several years it's been it's averaged about two 3% and this year being obviously a little bit higher but inflate actually higher than 4%.

2:01:05Right, so what we did is is in talking with Sandra and talking with the departments to us that felt like a little bit of a.

2:01:13Mid range where it's not as high as inflation, which is five plus percent right now, which may tip our fees over I mean particularly looking at things like recreation.

2:01:23We do want to remain competitive, for example, but it's not too low, that won't support the staff and all of the increases that we're seeing and so.

2:01:31This is a little bit of an increase over previous years, but it's it's not as high as as straight CPI so we sort of felt that would be a good balance.

2:01:40Councilmember Fadelli: So I just wanted to see what the rest of the Council felt, because all of us kind of get this fee is so important, so it's costly and expensive.

2:01:49To do this, to do that I just got this about solar ev two days ago elsewhere ios higher than our neighboring cities.

2:01:57I would love it to see in the resolution that we have some explanation about because of inflation and CPI that we went to 4% let's explain it to our residents that we raised at that one point and.

2:02:12And and for historical purposes, this will say why we did this at 4% this year and I just looked at the resolution of kind of going where you say market driven fees and services, I love the CPI and inflation.

2:02:29sentence to be in there and why why we have it at 4% this year, so we can explain, we can tell our residents look at the resolution it's because of this and it's even the language you say Karen it's not as high as inflation really is.

2:02:43But some sense of a little explanation about that other than that I think it's necessary and a good product.

2:02:52Mayor Quinto: Okay Council up a redneck.

2:02:54Councilmember Fadelli: So mayor, can I get any is there any yes, that will happen, or do we need to take a vote on that is that emotion, I should make.

2:03:02Karen Pinkos (City Manager): um can you give me a couple of minutes to try to come up with some language that perhaps the Council would incorporate into their motion.

2:03:09Councilmember Fadelli: yeah I did a draft, if you want to hear, so please.

2:03:13And councilmember would just remind you that we still need to take public comment before taking action on any machine.

2:03:18Councilmember Fadelli: Okay, great.

2:03:21Mayor Quinto: Okay, very good um we'll get back to that councilmember read that.

2:03:26Councilmember Rudnick (she/her): Thank you, great job Sandra, and this was excellent and great job taught the department directors and the staff who.

2:03:32pulled this together, because it really shows that last year that heavy lifting made it so that this year we're a lot more straightforward in the conversation, so this question is going to be directed to.

2:03:44director Chris Jones I had a few Community Members asked me about this, which was the elimination of the family swim pass and a little bit explanation in the master fee schedule and elimination, I think the language that was used is that.

2:04:01That there was something along the lines of how other.

2:04:04That it's a typical of swim centers to have family passes, but the feedback that I got from Community Members who are sad about its elimination was that it allows for them and their families to.

2:04:17enter the pool during swim times and not need to wait in the longer line, this is all feedback i'm getting from the Community so it's I can give them an explanation as to why the families when past was eliminated.

2:04:31Chris Jones, Recreation Director: hear me.

2:04:33Mayor Quinto: Yes.

2:04:34Chris Jones, Recreation Director: Thank you and Christians your recreation director so maybe starting at the end first anyone that has a past whether it's a if somebody has a Punch pass they can still come.

2:04:46They can still get it without waiting in the line and the second thing is that the family kind of the season pass is not typical and especially for us.

2:04:59This year is that pretty much every swim Center is having a staffing issue, and so we are not offering.

2:05:08we're doing better than most, but we are not offering nearly the number of recreation swim opportunities, as we have in the past, because we don't have enough life bars and so we're not delivering.

Fadelli asked whether increases had historically been 3%.

The City Manager: they had averaged two to three percent in recent years, and with inflation above 5%, 4% was a mid-range choice, not so high that fees such as recreation stop being competitive, and not so low that they fail to support staff and rising costs.

The increases were described as roughly 4% across categories.

Fadelli asked that the resolution explain why fees rose 4% this year, noting that the city's solar and EV permit fee was higher than neighboring cities'. The City Manager asked for a few minutes to draft language, and the clerk reminded the Council that public comment came first.

Rudnick passed on residents' questions about the elimination of the family swim pass. The Recreation Director said anyone with a punch pass can still skip the line, season family passes are not typical, and a shortage of lifeguards means far fewer recreation swims are offered.

Cross-reference

The master fee schedule is where the city's cost recovery objective actually operates, and it is adopted a month before the budget that depends on it. Community development reports reaching 100% permit cost recovery and then slipping back “as soon as one person's out”.

21 Regular increases against sudden ones captions 790–830

2:05:25Chris Jones, Recreation Director: Maybe the value of that family past which kind of relies on read swims every single day.

2:05:32And right now we just we can't offer that so.

2:05:37Thank you for that that's basis yeah.

2:05:39Councilmember Rudnick (she/her): That makes a lot of sense, thank you.

2:05:41Chris Jones, Recreation Director: Thank you.

2:05:42Mayor Quinto: matt for telecom.

2:05:46Mayor Pro Tem Motoyama: Thank you mayor.

2:05:48Thank you Sandra, this is a really you know, clear, easy way to understand these changes and I appreciate that they're as modest as as responsible because I think that's where you know if we were.

2:06:06A different city and had a lot of surplus This might be a time where we could subsidize further some of these fees, but we're not and I think making these modest.

2:06:18The modest increase that we're proposing here will keep us on track, so that we don't have kind of.

2:06:25An owner moment where we have sudden increases or sudden cost changes, so I appreciate all of your thinking and all the department has work to kind of make this reasonable and keep it keep it reasonable.

2:06:41I did have one really small question and i'm not quite sure who is the person to answer it, but I was going back through the list, and I saw that there is permitted fire alarms.

2:06:54there's like a fee for when someone comes or alarm call false alarm calls there's a list of fees and there's something that says non permitted alarms and just for the public, or we also post to get a permit to have a home alarm is that.

2:07:12In so, how does.

2:07:15Karen Pinkos (City Manager): Yes, and i'll let the chief talk about that, but.

2:07:17Sandra Dalida: Yes.

2:07:17Karen Pinkos (City Manager): If you have a home alarm, you are required to get a permit with the city cheap.

2:07:23Paul Keith: I on Paul Keith again you shoot for police and I had to readjust my button here, yes, if you have a home security alarm, then you need to get a permit from the city.

2:07:33So that does not apply to home fire alarms that applies the home security alarms like a burglar alarm, so there is a permit fee, there are also fees that are.

2:07:45levied against Homeowners if there are false alarm, so the first false alarm is a no cost and we basically it's a good opportunity for homeowner to fix their alarm is malfunctioning.

2:07:58But there are some properties in town that have problematic alarms they go off repeatedly where our officers continue to get dispatched to a malfunctioning alarm essential.

2:08:09Mayor Pro Tem Motoyama: Great Thank you so much, and thank you for the opportunity to give a public service announcement on that sure.

2:08:16Paul Keith: And we didn't we didn't raise the costs on those.

2:08:21This year we kind of felt like they're already in the realm of reasonableness.

2:08:27Mayor Pro Tem Motoyama: Thank you.

2:08:29Mayor Quinto: And, as someone who, who did get.

2:08:33A notice and today's mail about.

2:08:36malfunctioning alarm systems can.

2:08:42Do it now, I appreciate that and and know that get out the folks that had this alarm system i'm sure you're getting a lot of calls right now so but we'll talk later on that so but thank you any other questions for.

2:08:58For Sandra.

2:09:00Okay we're going to open the public hearing and at this time, members of the public who wish to provide public comments for the side and should use a raise hand feature to request to speak of city clerk.

2:09:14In Khmer for this item, we did not receive any advanced public comments and at this time, I do not see any requests to speak.

2:09:23Mayor Quinto: Okay well we'll give 10 seconds and see if anyone will raise your hand.

2:09:36Okay, do I have a motion to close a public hearing.

2:09:38Mayor Pro Tem Motoyama: A move to close.

2:09:40Mayor Quinto: OK OK, we have a motion by Milky yama second by abramson Dempsey Clark.

2:09:46mayor canto.

2:09:47Yes, mayor pro tem O JAMA.

2:09:49Yes, Council member at Wilson.

2:09:52Yes, Council member fidelity.

2:09:54Yes, councilmember Whitney.

The fee discussion produced the argument for indexing.

Rudnick asked about a family pass at the swim center; the answer was that its value relies on capacity the department does not have, so “right now we just can't offer that.”

Motoyama praised the presentation as “a really clear, easy way to understand” the schedule.

Her argument for raising fees now rather than later: a city “with a lot of surplus” might hold them, but “the modest increase that we're proposing here will keep us on track.”

What it avoids: “sudden increases or sudden cost changes” imposed on residents all at once.

Motoyama asked about alarm fees. The Chief explained that home security alarms, not fire alarms, need a city permit, the first false alarm costs nothing, and the fees were not raised. No one spoke at the public hearing, which was closed unanimously.

Significant

Regular modest fee increases are defended as the alternative to sudden ones. A swim center family pass cannot be offered because the department lacks the lifeguards to run daily recreation swims.

22 A whereas clause, drafted live captions 831–880

2:09:58Councilmember Rudnick (she/her): Yes.

2:09:59Motion carries.

2:10:00Mayor Quinto: Okay, great so let's bring this back to the Council again in any.

2:10:07comments from the city council.

2:10:15Mayor Pro Tem Motoyama: i'll move to approve with any changes proposed by Council member fidelity if they're acceptable.

2:10:21I famous city and.

2:10:24Councilmember Fadelli: trim I did send them sending manager I draft texted possible, whereas and I don't know she wants to read it or work it, I think the the general gist is there.

2:10:38Karen Pinkos (City Manager): Yes, I.

2:10:41Am a condense it a little bit if you don't mind.

2:10:45Whereas.

2:10:47Whereas the current high inflation rate over 5% has impacted city costs and services and to.

2:10:59And to better reflect actual costs the city's oh okay i'm sorry give me a second.

2:11:06i'm trying to condense it a little bit just to sort of make it clear, so.

2:11:12Whereas a high inflation rate over 5% has impacted city costs and services and the city intends to better reflect actual costs, but to balance to balance covering costs with the current level of inflation, the city has.

2:11:31adjusted fees and an average of 4%.

2:11:39And sort of leave it there.

2:11:42I mean, if you think if the Council intends to say this is higher than previous years, or just to explain why it was increased at 4%.

2:11:52Sorry, I stumbled on that i'm kind of.

2:11:54Councilmember Fadelli: I think if you say the.

2:11:55board to do this year will be 4% will indicate that it's different than previous years.

2:12:03Karen Pinkos (City Manager): I mean, I just want to make sure that it's also clear to the Council into the into the public that the City Council can adjust the fees at any time and, and you know, regardless of.

2:12:14It you know I mean we're looking at inflation we're looking at various factors we don't always adjust it up to inflation, but we always we also.

2:12:21want to make sure we're covering our costs so it's a balance each year that we evaluate and though this year is higher than most.

2:12:29Next year could be even higher for all we know, I think that the more the point is that this year in order, we evaluated the current high inflation rate and adjusted fees at an average of 4% in order to balance covering those costs with the current high level of inflation.

2:12:48So.

2:12:53That was that was sort of my take on that, and you know.

2:12:55it's always hard to legislate from the dyess, so this is a difficult.

2:12:59This is kind of difficult as we're kind of coming up with this language but.

2:13:05Councilmember Fadelli: No, that makes a boulder point than whether it's this there so that's fine with me okay.

2:13:09Mayor Quinto: Do you second the motion.

2:13:11Karen Pinkos (City Manager): So let me try that one more time just to make sure, whereas city staff evaluated the current CPI and adjusted fees.

2:13:21i'm sorry, whereas city staff evaluated the current CPI that has impacted city costs and services and has adjusted fees at an average of 4% in order to balance covering costs with the current high level of inflation.

2:13:36Is that okay.

2:13:39holly I hope you got that.

2:13:41Fast but not quite that fast, but thankfully we're recording so we're good.

2:13:45Karen Pinkos (City Manager): So thank you mayor Fidel or i'm sorry councilmember fidelity.

2:13:49Mayor Quinto: Thank you, so we have emotion, by no to that second part fidelity.

2:13:53And can I please clarify, for the record that this also includes the modified adjustments that were included with supplemental materials today, just to be clear for the record.

2:14:04Yes, thank you mayor keen to.

2:14:08Yes, mayor pro tem O tama.

2:14:10Yes, councilmember ableton.

2:14:13Councilmember Abelson: I.

2:14:14can't remember fanelli.

2:14:15I can't remember redneck.

2:14:18Councilmember Rudnick (she/her): I.

2:14:18Motion carries.

2:14:21Mayor Quinto: Center delete a treasurer and finance director, thank you.

2:14:25For the piece of a.

2:14:26Sandra Dalida: Huge Thank you.

2:14:27Very much OK.

The fee schedule resolution came back to the Council, and was amended in the room.

Motoyama moved to approve “with any changes proposed by Councilmember” Fadelli.

He had texted the City Manager “a draft… possible whereas” clause during the meeting.

Her response: “I can condense it a little bit if you don't mind.”

The final wording: city staff “evaluated the current CPI” and adjusted fees “at an average of 4% in order to balance covering costs with the current high level of inflation.” The motion also included the adjustments in that day's supplemental materials, and passed five to zero.

The motion carried with the amendment.

The City Manager's own comment on drafting it live: “it's always hard to legislate from the dais.”

Note

A councilmember texts a proposed whereas clause for the fee resolution to the City Manager mid-meeting, and she condenses it on the spot.

23 Who is in the room captions 881–940

2:14:29Mayor Quinto: next one will go to our policy matters proposed agreement with.

2:14:33East Bay sanitary for the provision of solid waste.

2:14:36Collection services, and we have will provost and that or keys or public works director here, good evening.

2:14:51Will Provost, City of El Cerrito: Good evening mayor and city council.

2:14:54or few others to get on, I see a better he's our public works director i'm joined here also by guards shorts principal at our three consulting.

2:15:03I should introduce myself i'm the operations and environmental services division manager for the sea and we're also expecting mark the gurney President and CEO of East Bay San.

2:15:13or me, I am pumped into promote you to panelists but you do need to accept that pop up in order to be promoted.

2:15:25Well, I do see him on the call but it's not promoting him.

2:15:29Will Provost, City of El Cerrito: Okay, well, we can go ahead and get started in he can join us he he definitely wants to be available to answer any questions that may come up.

2:15:36They can at least give him permission to unmute unmute so if we can't get him promoted he can at least speak.

2:15:43Mayor Quinto: yeah yeah, thank you for I see him.

2:15:46Will Provost, City of El Cerrito: Great well, thank you, good evening again mayor and City Council some again, my name is well provost operations and environmental services division manager for the city.

2:15:54i'm joined here by your bed ortiz the public works director mark the governing presidency of East Bay San and guards shorts principal are three consulting.

2:16:03Tonight we're presenting a proposal collection Services Agreement extension or the space sanitary for garbage and organic waste collection services and also Rio.

2:16:11With the current franchise agreement set to expire in 2025 and a desire on the city side to engage the space sanitary to implement new programs and services relating to sb 1383 and more generally.

2:16:23In April 2021 city staff and our three consulting began the process of negotiating with the space Santa potential extension to their franchise agreement.

2:16:32The agreement in presented for your consideration this evening is the combination of these negotiations, notably city staff are very proud to report that all of the city's objectives going into the negotiations have been met.

2:16:45i'm going to hand it off now to guard to walk through the negotiations process and agreement deal points in more detail about event mark and I are all available to answer any questions.

2:16:56Garth Schultz: Thank you well, good evening Mare vice mayor Council member city staff mark nice to see you and members of the public again guards salts with our three consulting group.

2:17:07provided assistance and support to will an event during this process.

2:17:13And I have unique knowledge of this engagement having formerly served as your operations and environmental services division manager and having negotiated prior agreement amendments with East Bay sanitary company.

2:17:26So what i'll do here is, it will share a slide deck this should be up on the slide now, if I can just get a thumbs up from somebody to let me know that it's there Thank you so much.

2:17:35So what this is, and in fact it is a proposed extension to the services provided by space sanitary to the city, but moreover it's also a new form of agreement modernizing and updating the existing agreement that you've had with East Bay sanitary for some time.

2:17:57It gives you a sense of what will cover with this presentation and I must apologize in advance there's a lot of content and a lot of words on these slides.

2:18:05This is 120 page agreement with lots of details, covering a wide array of important solid waste utility services to your residents and businesses.

2:18:15So we will cover each of these various categories over the course of the presentation i'm going to attempt to move somewhat quickly, but I do want to cover all the salient points and give you this linkedin details.

2:18:28This slide is when you've seen before it's the same slide you've seen in prior presentations of annual rate adjustments for East Bay sanitary is rates and for your integrated waste management fees.

2:18:39And it serves as a reminder of where he's based sanitary services fit within the context of the city's broader integrated waste management and solid waste services.

2:18:49So shown at the Center of the slide circled in red East Bay sanitary as a private and independent contractor provides collection of garbage and organic waste from residents and businesses in the city itself.

2:19:02That is essentially you know one third of set of services that also include the collection and recycling services that the city provides itself the municipal operations.

2:19:14Through the integrated waste management fund and the recycling and environmental resources Center and, of course, the post collection activities that are provided.

2:19:23primarily by Republic services for garbage and green waste and construction and demolition material and, of course, the regional coordinating in compliance services provided by.

2:19:34Your West contra Costa integrated waste JP a recycle more so it's one pie and an overall puzzle, but an important one to consider for ongoing provision of services.

2:19:48Now, taking a look backwards there's a number of reasons why staff and our three worked with East Bay sanitary to pursue a new agreement with the company.

2:20:01And that's rooted in along and rich history of working for the city of El cerrito East Bay San is provided services to the city for eight years and with contracts that have been either replaced or amended a variety of times over the course of that at your history.

2:20:17The space sanitary is unique in the sense that it only provide services to the city of El cerrito.

2:20:23Since my tenure, with the city came to an end in 2014 and I joined our three consulting group i've had the privilege of working with.

2:20:31Dozens up to 100 hundred and 20 different agencies throughout the state, and I have yet to see one that has one dedicated private solid way services contract or serving it one entity.

2:20:42That provides a key benefit for the city and that you have a contractor, who is deeply incentivized to respond to your needs and your needs alone, not in balance with another set of jurisdictions.

2:20:54The space and has its main office is located in the city and in an era of.

2:20:59consistently regional or consistent regionalisation of things like call centers and customer service payment centers having offices, open and available and accessible in city has become a rarity for solid least contractors and agreements such as these.

2:21:14Now looking in terms of performance, so our firm conducted between 2019 and 2020 a performance review the space sanitary and what we found was was you know good to great performance.

2:21:26In terms of the terms and conditions within the agreement.

2:21:29What few areas for opportunities are for improvement that we did identified during that performance review were immediately corrected and documented via our report, which is included as a supplement to the staff report for this evening.

2:21:43Starting in 2012 the space sanitary was required to do a try annual satisfaction survey of customer satisfaction.

2:21:50And they conducted with one such survey in 2021 which found pretty broad support for the company's overall.

2:21:57services with nearly 90% of customers being satisfied or very satisfied with the services provided.

2:22:03and beyond that both you know, on account of city staff, my own personal observations of this and certainly those from others in the Community, the space and has consistently been a good partner to the Community.

2:22:14In the face of a you know, soon to expire agreement city council's city governments have.

2:22:19A couple of choices, one of those being to negotiate with your existing services provider to see if you can continue services or go out to competitive procurement.

2:22:28Generally speaking, when you have conditions such as these, here in the city with a rich and long history of consistent and satisfactory performance.

2:22:37Good responsiveness and good overall quality of services, the first bet is to negotiate and see if you can strike a deal and then what still hold the opportunity to proceed to a competitive procurement if desired and you still do have that opportunity.

2:22:54Okay, so I will attempt to slow down a little and need a little water.

2:22:59Will covered this point here, but we had several key points that we're sailing into in terms of negotiating a new agreement.

2:23:06One of those is, of course, that the new state laws be 1383 which you've heard much about at this point with adoption of an ordinance.

2:23:13Implementing the new requirements last year and, as reported to you by city staff at the time.

2:23:19city can perform many of the obligations of that law on its own, but also needs to assist the partnership of its solid waste contractor and implementing other operating in all aspects of the law.

2:23:31And there's a time sensitive in nature to that implementing universal organics collection throughout the Community, is something that the city is committed to provide in 2022.

2:23:41And whether you do that, via the proposed agreement before you this evening or through a supplemental amendment to the existing agreement, it is a set of services that needs to be provided.

2:23:51Beyond the the near term I think urgency of SP 1383 programs and services, there are other interests that have developed for the city over the course of recent years, with the increase in multifamily dwellings in the city.

The East Bay Sanitary franchise item opened.

The item: a “proposed agreement with East Bay Sanitary for the provision of solid waste collection services.”

For the city: the operations and environmental services division manager and the Public Works Director.

For the consultants: a principal at the firm advising on the rates and the agreement.

And expected: the President and CEO of the hauler itself.

The current agreement was due to expire in 2025, and the city wanted East Bay Sanitary to carry out new SB 1383 programs. Negotiations began in April 2021, and staff reported that all of the city's objectives had been met.

Garth Schultz, formerly the city's operations and environmental services division manager, called it a 120-page agreement. East Bay Sanitary serves only El Cerrito, which in his work with up to 120 agencies he had never seen elsewhere, and keeps its main office in the city. A 2019-20 performance review found “good to great performance,” and a 2021 survey found nearly 90% of customers satisfied or very satisfied. With that record, he said, the first step is to negotiate, and the city could still go to competitive procurement.

The franchise is negotiated first because of the hauler's long record of satisfactory service, while the contractor wants a longer term to amortize new trucks.

Panellist permissions had to be granted mid-item so the hauler's chief executive could speak.

Significant

The city, its rate consultant and the hauler's chief executive are all present. The contractor wants a long enough term to amortize new trucks, and the consultant's case for negotiating rather than bidding is the hauler's long record of satisfactory service.

24 Why the agreement is being extended now captions 941–999

2:24:08Garth Schultz: there's an increase in existence for multifamily dwellings concerns around illegal dumping and fire protection, all of which we've secured as a new and additional services within the agreement.

2:24:18we've, of course, mentioned the fact that the agreement is set to expire in a little less than three years, and so, whether that's now or in the.

2:24:26Student very near term future, the city does need to make a decision with respect to ongoing provision of its garbage in green waste collection services.

2:24:36From the space sanitary side their reasons and interests in approaching the city to secure their a new agreement or an extension, has to do with that near term expiration date approaching.

2:24:49And that is really related to the need to purchase and implement new capital assets, including trucks.

2:24:55With a shorter term remaining there's less time for the company to amortize and recover the cost of investments in new trucks and those are the largest overall capital investments they seem to make.

2:25:08When the current agreement was last amended in substantial form which was 2012 there was a stated intention in that amendment to modernize and update the form of agreement.

2:25:20The existing format had been a scan version of type copy from I think the mid 1980s, and so there has been this long stated intention to modernize it and to bring it into the modern solid waste collection era.

2:25:32State law, of course, provides for the flexibility to negotiate with your current contractor rather than have to proceed directly to competitive procurement, so that is.

2:25:42something, you have the ability to consider, which is why it's before you, and of course the elements of partnership and the fact that, should the city council.

2:25:51decide not to approve the proposed agreement you still do have time at this point to proceed to a competitive procurement if desired.

2:26:00will cover it all of these points already, but it just gives you a sense of the timeframe it's been about a year in the making.

2:26:06With multiple back and forth in negotiation sessions, with the company.

2:26:09But i'll draw your attention to the middle of the slide will did state this accurately all of the city's objectives were met during the negotiation process.

2:26:17And it covers not just SP 1383 and enhanced services but also doing so in a way that avoids increases in solid waste rates and one of the things we're happy to report is that, by virtue of the proposed agreement, no changes in the company's compensation or rates would be.

2:26:35realized, so you get more services and more compliance with State law without increasing compensation.

2:26:44So now we'll skip into the meat of what you're getting with this agreement and that's be 1383 compliance is first and foremost.

2:26:51you've seen probably the graphic on the right is a part of prior presentations the six major areas of compliance activity required by state laws be 1383.

2:27:02In first and foremost among them for you here in the city is to provide the universal organic waste collection service.

2:27:08Of course, and also rido participation in green waste with organics has been a long standing tradition lasting nearly a decade and a half, at this point.

2:27:18But now the movement is to make sure that everyone who generates organics.

2:27:22Who is now required to subscribe under the municipal code have access to that service in by virtue of this proposed agreement East Bay San would be rolling out those collections services to all such generators immediately.

2:27:35beyond just the provision of the service, and this is a fun one State law, and I think even in my term.

2:27:42With the city, there was consistent questions well why are our colors so different than everybody else's and why are they different nominee and then different in Richmond.

2:27:49And the answer was well it's independent and local control the state's change that the state is mandating a new color scheme for garbage and recycling and organics containers throughout the state.

2:28:00That must be achieved by 2036 at the latest, via this agreement, the proposal is to replace the garbage containers with a Gray color.

2:28:10Of course that's the color of the current recycling cards and then to replace the recycling cards, with a blue color the color of the current garbage carts.

2:28:18via the proposed agreement East Bay San will cover all costs for the purchase the capital purchase of both sets of cards, including those for the recycling.

2:28:29In the city will have just a commitment for the the taxes frayed and assembly of those cards and delivery.

2:28:36So that is a substantial benefit to both the city's integrated waste management operation, end of the city's ratepayers and it'll bring the city's color scheme and labeling nomenclature.

2:28:46into consistency with other cement surrounding communities as they roll out the same expectations over the coming few years.

2:28:54There are a host of other SP 1383 compliant services that East Bay San will be supporting.

2:29:00Some of these may be supplementary to what may eventually be provided by recycle more and they're not intended to replace anything that recycle more may do but it's an important backstop for the city and the event that.

2:29:12You either don't receive what you're looking for out of recycle more earth that changes in the future is maybe the case from time to time.

2:29:20And i'll highlight a couple increases in the amount of compost provided by East Bay sanitary for free accomplice giveaways to help support the city's requirement to procure record recovered organic waste product.

2:29:32And increases outreach and education, and of course robust to record keeping and reporting of a variety of factors i'm skimming over some aspects of it, because it is very detailed and it's one of the reasons that this agreement is 120 pages and not 30.

2:29:49Now that's all stuff that helps the city achieve compliance with SP 1383 and it will be important to rate pairs as well as it'll help reduce greenhouse gas emissions and achieve climate action.

2:29:59goals Beyond that, however, there are new service enhancements that are have been secured via the draft agreement.

2:30:06It One of those is expanded and bulky or large item collections for residents, there is an existing.

2:30:13Large item collection program provided by East Bay sanitary we can call a couple of times a year as a resident and receive free pickup.

2:30:21This expands that definition to include bulky items like couches and chairs mattresses it also expands it to multifamily dwellings across the city that previously haven't had access to the service.

2:30:33In the can think of it as a move in move out type collection service for those multifamily dwellings you'll be an important service offering as there are more more multifamily units in the city today than there were 10 years ago but it's also important in terms of.

2:30:48preventing illegal dumping or illegal set outs of materials for folks that may not have other immediate alternatives.

2:30:56Other in service enhancements include expanded electronic waste and universal waste collection universal waste being batteries bulbs paint and like.

2:31:06So there's more access to that for residents on, and then the next few categories or supplemental cleanups that East Bay San will be providing.

2:31:16Literally large 20 to 40 cubic yard dumpsters to support fire prevention efforts cleanup of what a debris and fuel and large dumpsters.

2:31:28For illegal dumping cleanups services to backup the city's recycling collection program in the event that there are drivers and available East Bay San will be available to.

2:31:39pick up materials on those collection routes to ensure continuity of service.

2:31:44The wide array of customer service enhancements including a new customer service platform with the city's ability to be able to access and.

2:31:51coordinate data and customer information through that platform and importantly towards the bottom and immediate transition to renewable D so which mark can speak to a bit a little bit more, should there be questions.

2:32:04This is a topic that came up last year with the city's procurement of new recyclable collection trucks in the city's since moved to fuel its operations on renewable diesel and Marcus you can do the same.

2:32:20This has come up a couple of times in recent history on this interest in reducing the city's emissions related to solid waste collection activities.

2:32:30By implementing electric or zero mission collection vehicles and and we're proud to say that we've you know we've achieved at a firm commitment to move the city in that direction, through the proposed agreement.

2:32:42Essentially, requiring a space and to purchase electric or zero emission can be other technologies and that then electric if those become feasible.

2:32:51And to do so at no change and it's compensation, but subject to a couple conditions one it's got to be technologically feasible and to has to be economically feasible in order to achieve that with no change in compensation.

2:33:03Now, with respect to technological feasibility and this is one that is important to understand and.

2:33:10we've seen a few test vehicles be put into implementation throughout the state but they're virtually all test vehicles in order to pilot the technology.

2:33:21On our firm is conducting a couple of competitive procurements for agencies in southern California, right now, where those.

2:33:30The selected hauler will be procuring upwards of 40 or 50 vehicles and within 40 to 50 vehicles of being purchased their purchasing one.

The consultant explained why the city was negotiating rather than putting the service out to bid.

The pressure: the agreement “is set to expire in a little” while, so “the city does need to make a decision.”

The contractor's interest is capital: it needs “to purchase and implement new capital assets,” and “with a shorter term remaining there's less time for the company to amortize and recover” the cost.

So term length and equipment investment are the same question.

The document itself was overdue: last substantially amended in 2012, with the existing format “a scanned version of typed copy from… the mid 1980s.”

State law “provides the flexibility to negotiate with your current contractor” rather than compete the franchise.

Service pressures named: increases at multifamily dwellings and concerns about illegal dumping.

He reported no change in the company's compensation or rates. The agreement starts universal organics collection immediately. East Bay Sanitary pays for new carts to meet the state's color scheme, due by 2036: gray for garbage, blue for recycling. It expands bulky item pickup, including to multifamily buildings, and adds e-waste and universal waste collection, dumpsters for fire prevention and illegal dumping cleanups, backup for the city's recycling routes, a new customer service platform, and an immediate switch to renewable diesel.

Significant

East Bay Sanitary sought the extension because a longer term lets it amortize new trucks, and state law lets the city negotiate with its current contractor rather than compete the franchise. The underlying document dated from the mid-1980s, last substantially amended in 2012.

25 Not yet feasible on hills captions 1000–1060

2:33:39Garth Schultz: electric vehicle and with the stated intention of it being a test pilot vehicle not really intended for regular or reliable route operations.

2:33:47So I say this not to discourage any use of electric or zero emission vehicle, but simply to normalize expectations around where the technological feasibility of the vehicles is today.

2:33:58I think there's a lot of interest from the solid waste companies from agencies throughout the state to push forward zero emission vehicles their state regulations that are requiring.

2:34:09Sale of those vehicles within the coming years and use of those and fleets, but as of, yet we have not seen as.

2:34:16being marketed as technologically feasible for regular route operations, and certainly not for an operation, the size and scale of that and also we do at this time.

2:34:26When it does become technologically feasible and it will it'll come faster than we think.

2:34:32The most likely application will be for use of in commercial routes in the flatter areas of the city and that might require two trucks per out.

2:34:40On the main thing we do understand, especially around electric vehicles, at this point is that you know hilly residential routes, because of the additional weight of an electric vehicle.

2:34:49is probably going to be an unlikely candidate until the technologies really matured over the course of history.

2:34:56The positive here is that in this agreement there's an expressed expectation that the city and the company.

2:35:02will meet annually to review that technological feasibility and when it's determined to be technologically feasible and ready to move forward.

2:35:10Then there's an economic feasibility element of this and you know this is underscored by the interest in avoiding increases in East Bay sands compensation.

2:35:20And impacts, the customer rates, we really wanted to have an outcome that achieved the city's objectives without raising rates.

2:35:28And so the way its proposed in the agreement is that East Bay San would be required to purchase electric or zero emission vehicles.

2:35:36On instead of a conventional diesel vehicle if it could do so while still achieving its target profitability.

2:35:43And that's a relatively simple set of analyses that can be done once the equipment is technologically feasible.

2:35:50Look at the the premium or additional cost of a electric or zero emission vehicle and if that can be achieved without hurting.

2:35:58or bringing East Bay sands bottom line below targeted profit operating margins are ratios then there'll be directed in required to go and proceed that direction.

2:36:10The city, of course, still has you have an ability to request to change, you can provide a city directed change in this agreement.

2:36:16If you want to implement electric vehicles as your emission vehicles faster than what can be done without impacting rates.

2:36:23Well then, you can do so, consider the impact or they increase in in compensation and rates that might be necessary and then have a more rapid.

2:36:32Implementation of those vehicles, so you have those rights and those abilities within the proposed agreement has put forth on in because we don't yet know the future of.

2:36:41When these will be available and what the cost will be we wanted to make sure that we weren't commanding you to an increase in compensation if not necessary today.

2:36:49Now, one thing that to the side is, of course, and you'll notice in the agreement draft on it, the fueling station or charging station itself for these vehicles is another story.

2:37:00they're likely would be some change in compensation needed at the time of moving forward with electric vehicles but as of yet those costs are unknown.

2:37:10So once again you've heard me say it a couple times, one of the key underlying tenants of negotiation was to not have a change in compensation not impact customer rates, we can soundly say there will be no change to their.

2:37:25compensation from approval of the agreement and no change to the compensation approach or structure, the way in which their annual compensation is set.

2:37:34Right now, and you've heard me report on this in prior years you have an annual index based compensation adjustment in the agreement that will remain the same.

2:37:44it's yielded over the course of its 10 year history and adjustment of around 2.74% per year.

2:37:51With inflation that may be somewhat higher come 2023 or beyond, but it will not be impacted by new revenues needed for the cost of providing services under this agreement, it will just be based on the existing formula.

2:38:05With no additional rates needed to achieve the outcomes of these negotiations, you still preserve rights to be able to call for a detailed review of their compensation, you have that today.

2:38:16That is promulgated in the new language in the bottom line again here is that rates will not change as a result of approval.

2:38:26In the homestretch here.

2:38:28The form of agreement is is new it's updated it's based on other modern agreements that we and others have developed with public agencies throughout the state in the last several years.

2:38:37meets current solid waste regulatory and legal standards that includes new features that you haven't had before detailed performance standards administrative penalties, known as liquidated damages.

2:38:51Much more detailed reporting requirements and updated indemnification and insurance provisions Those are all things that you rightly need at this point.

2:39:00it's also important when you consider the future of where what may happen with these based sanitary.

2:39:05At some point, there is a possibility of either a transfer an ownership or a sale of the company and, if that were to come to pass, you want an agreement that's going to provide you all of the rights and protections of a modern form of agreement that isn't present in the agreement today.

2:39:21With respect to the potential for a future sale or assignments on this new agreement provides discretion to the city.

2:39:29In reviewing a new provider that would provide services you've been blessed with a very dedicated family based local operator for 80 years.

2:39:41You if you have it proposed assignment to say a large multinational corporation, you have rights in the ability to provide oversight, as to whether you want to accept such an assignment.

2:39:52And as you've seen the very bottom side, the point that made this is providing continuity of sewer service in the event that a future sale were to occur.

2:40:01One of the final points here is the term of the agreement so what's being proposed, as an initial 10 year term.

2:40:08Effective June 1 so it would it would replace the existing agreement terminating at the end of 2024 so would override that agreement be a 10 year agreement through may 31 2032.

2:40:20One provision that we've included, given the long history of contracting with a space sanitary is automatic annual one year extensions thereafter, so the key concept here is that.

2:40:33After this year one New Year will be added to the term of the agreement, every year up to a maximum of 15 years so next year the termination would be may 31 2033 the following year 2034 so on and so forth the premise being that there's always 10 years remaining on the agreement.

2:40:53This is key to securing new services without a change in compensation, it helps the space and amortize and finance the cost of new equipment and vehicles over time.

2:41:02It is a common approach with small privately held family companies like this.

2:41:07Many of the agreements and Marin county others in contra Costa county, including the city of conquered, for whom we just negotiated similar provisions and they they commonly hold this because if there's an interest in keeping that low local small family control and rates stability.

2:41:25And it's essentially a way of recognizing you've you've had a long term agreement to date this provides you the ability to continue that contracting relationship, without having to come back for periodic amendments to extend the term.

2:41:38that's not going to continue in perpetuity you made any time give her written notice terminating than annual renewal provision if he space and sells the company, it also may be terminated and then it's limited to 15 of those annual renewals over the course of the agreement.

2:41:57As i've mentioned already, and we're almost done the city does have alternatives to this agreement.

2:42:03Though you do need to arrange for programs and services to comply with sb.

2:42:08If you don't do that, via this proposed agreement you'll still need to arrange for it in some way, shape or form and that's likely to be at more cost and a cost, compared to this no cost no increase in rates solution.

2:42:23And you would also need to then undertake the competitive rfp process for the services currently provided by a space and.

2:42:29Both of those can be achieved, but they are you know they represent a significant commitment of time and resources.

2:42:36In frankly just the outcome can be guaranteed the solid waste marketplace, though there's competitiveness in it.

2:42:42That competitiveness does not necessarily mean cheaper rates and we do frequently see competitively bid outcomes and you can look to the city of San Ramon is a recent example in the last few years.

2:42:53coming in it's substantially higher than the existing costs at the time.

2:42:57On the final point here if the city, you know where to seek to move forward with a competitive rfp will represent.

2:43:03The first time the city ever sought to transition it solid waste utility services to a new service provider and though that does happen throughout the state, you know periodically, it can be difficult and challenging and costly to achieve.

The consultant gave a careful account of what electric collection vehicles can and cannot yet do.

The market: interest from solid waste companies and agencies, with sales expected “within the coming years” — but as of now they are “not being marketed as technologically feasible for regular route operations.”

Where they arrive first: “commercial routes in the flatter areas”, since terrain governs range.

Which makes hilly residential routes “an unlikely candidate until the technologies really matured.”

His framing: he said this “not to discourage any use of electric or zero emission vehicle” but to be accurate about timing.

An earlier pilot had put one vehicle into service “with the stated intention of it being a test pilot vehicle.”

The agreement requires annual review of feasibility, and once the vehicles are technologically feasible, East Bay Sanitary must buy electric or zero-emission trucks if it can do so while keeping its target profit margin; the city can direct a faster switch if it accepts a rate impact. Charging infrastructure would likely need a compensation change. The existing annual index adjustment, which has averaged about 2.74% a year over ten years, remains.

The new form adds performance standards, liquidated damages, fuller reporting, and city discretion over any sale or assignment of the company. The term is ten years from 1 June, through 31 May 2032, with automatic one-year extensions each year up to fifteen; the city can end the renewals by written notice, and they also end if the company is sold. The alternative, a competitive RFP, would be the first time the city changed provider, and competition does not necessarily mean cheaper rates, he said, citing San Ramon.

Significant

Electric refuse trucks are not yet marketed as feasible for regular routes, and hilly residential routes are expected to come last. The agreement substitutes annual feasibility review and a profitability test for a target date.

26 “At no change in solid waste rates” captions 1061–1119

2:43:16Garth Schultz: Now, in conclusion, just bringing us back home, there is a long standing partnership and working history here.

2:43:24Then proposed agreement before you this evening will secure a wide array of valuable services from state compliance to service enhancements and customer service and an opportunity for future.

2:43:37reductions in greenhouse gas emissions from the operations of collection vehicles it's all achieved at no change and solid waste rates and staff and in our three recommend adoption of a resolution.

2:43:49authorizing the city manager to execute the proposed agreement with the space sanitary.

2:43:54Thank you for a long presentation happy to take your questions and comments and I know the space hands here as well, to be able to help with that and I will find the button That takes me off screen share Thank you.

2:44:05Mayor Quinto: Okay, great Thank you garth um let's go to Council member rub deck first.

2:44:13Councilmember Rudnick (she/her): I feel like bragging about how great this job is of getting together, you know that.

2:44:23The ratepayers are not going to feel any impact, yet the service is going to be augmented so i'm so appreciative of the of what is being presented to us when you discuss the coordinated platform were you talking about the recitalist platform.

2:44:41Garth Schultz: No, no, so East Bay San is due to upgrade its actual internal customer service management system so that's where you know service address and locations billing information all.

2:44:55types it's a CRM system right so right now.

2:44:58East Bay San maintains its own independent CRM system, and then the city has its own system for not for bill payment because there's no direct billing for integrated waste management services it's on East Bay sands bills.

2:45:10But it is certainly for service address is monitoring and recycling services routing of recycling services, so the opportunities to.

2:45:17integrate both of those features into one customer service platform that the city will also have access to and also provide for better communication between the city and East Bay San in coordination of things like issues such as Miss pickups.

2:45:31Stop service do going on payment even just new services being added in frequently both you know either East Bay San or the city will get a call relating to one of the other services.

2:45:41And, rather than having to have that well no you're supposed to go call so, and so you can actually get into the system and either send a work order or coordinate the services that way.

2:45:49Councilmember Rudnick (she/her): Do we know what platform that's going to be yet.

2:45:52yeah.

2:45:53Mark Figone: Excuse me councilman read a kite yes, as a matter of fact, this very day, my son is home from college he's a just finished, a second year at IU he is.

2:46:05In the business program and studying information systems as matter of fact, so I had to step in to the office today, we had a representative from a company called hauler hero, and they are a soup to NUTS customer service platform and so he came in and did a the representative.

2:46:25clint is his first name his last name is escaping me now, but he came in and did a complete deep dive into the way we're managing our data right now.

2:46:33Based on where i've seen so far I love the looks the look and feel of this platform it's going to be something that I think that the recycling Center representatives from the recycling Center will and and and lauren team will be able to get into very easily i'm I really like the system.

2:46:51We will, if all goes according to plan, we will begin conversion in the fall, perhaps with a timeframe of going live sometime between q1 next year I would assume.

2:47:06But in addition to just that.

2:47:10Service platform, we are also about ready to go live in the next week or two with a brand new, updated website, which will coincide with.

2:47:20or be adapted to this this new platform as well.

2:47:25Councilmember Rudnick (she/her): So, in an example would be if there was a larger cleanup to do have these 50 cleanups would that work order be put in through our staff and Elsa rido and then on your end you're able to see this would that be a use case for this kit.

2:47:46Mark Figone: Possibly it depends on if the work order comes in, as being either extra garbage or extra green waste and certainly it's pretty much on our end.

2:47:54If there is some change or short term or one time change to recycling service, then I don't know how it works, how we convey it but.

2:48:06The immediate coordination is going to be the recycling team will have access to the system in terms of routing and generating start and stop lists and special order lists and things like that, so it will trickle down to like the operation side, the collection side certainly.

2:48:25Councilmember Rudnick (she/her): helps you guys with routing also.

2:48:27Mark Figone: Yes, yes.

2:48:30Councilmember Rudnick (she/her): And that's good just for cost savings long term and environmental impact of making sure that we have the best threats we don't know I look forward to supporting this Thank you so much.

2:48:40Mark Figone: You bet Thank you.

2:48:42Mayor Quinto: mayor pro tem O to.

2:48:46Mayor Pro Tem Motoyama: Thank you mayor and thank you for this great presentation and to staffer and East Bay San for working on this great agreement.

2:48:56I did have a question in all my review of the materials were presented there was not discussion about like the perils of a potential sale so just is it often that small.

2:49:13Ways waste collection services are bought out is it kind of an active market should we be concerned about.

2:49:21This happening here and also Reno and kind of it came up with a number of times in the presentation, so I just want to understand what the what the risk is right now, as you see it.

2:49:33Garth Schultz: Can I take this first and then let you cover your own personal position so.

2:49:39Thank you mayor pro tem so you know it's an interesting position for East Bay sanitary being you know, a small privately held company with two shareholders, I believe, to right mark.

2:49:51that's your.

2:49:51Shareholders one one contract for one community.

2:49:56The the long term prospects are twofold either the shareholders, you know pass along their shares to others that can carry on in the small family business tradition.

2:50:10and, failing that would eventually need to be in the position of selling so that they aren't having to continue to work forever in the same.

2:50:20capacity so there's really two to kind of long term opportunities mark can speak to kind of the prospects of both we discussed this during the negotiations, you know mark and.

2:50:30Company and family you wish to seek to continue to provide services tell us, or we do for quite some time to come and that's one of the reasons to move forward and agreement of this nature.

2:50:40But in so I think in short answer from the kind of outside you know kind of statewide contracting capacity is that you need to be able to provide an avenue for them to create a.

2:50:51Valuable or or viable sale in the event that they don't have an internal sale of shares that they can effectuate at some point during a potential retirement, for example.

2:51:07Mark Figone: If I may.

2:51:10As much as I.

2:51:12appreciate and the lifestyle of this This company has provided my family three generations of my family for so many years the The fact of the matter is, we are still a very small player.

2:51:24In an industry, and there is no golden parachute here, I have no intention of selling this business, I absolutely enjoy what I do I i'm very proud of my career.

2:51:36The company that i've built the employees, we are very much a family my family legacy i'm very proud of in the city of El cerrito and I am not contemplating there is.

2:51:48there's no golden parachute here that makes it worth my while to step away from this from this great thing that I have that that that you have given my family.

2:51:57In addition, as I said, my son was in today, looking at it, and so I can't speak for the next generation there's a big part of me that would like to see this thing transfer one more generation I would love to see it happen i'm not going to promise that but.

2:52:13Short too short to make a short my answer i'm not building anything.

2:52:19i'm gonna i'm gonna finish my career here in El circo proud.

2:52:24Mayor Pro Tem Motoyama: Thank you so much for that reassurance I think he's based answer it's one of those you know.

2:52:31Especially things about else arena that makes it really nice to live here and I don't you know it's not something that people really think about, but when you come to understand the service that you provide it is, it is really special so I wouldn't want it to go away.

The consultant's conclusion made the case for the agreement in one sentence.

The relationship: “a long standing partnership and working history here.”

What the agreement secures: “a wide array of valuable services, from state compliance to service enhancements and customer service.”

Plus “an opportunity for future reductions in greenhouse gas emissions from the operations of collection vehicles.”

An opportunity rather than a commitment — electric collection vehicles having been described as not yet feasible on the city's hills.

And the claim that carries it: “it's all achieved at no change in solid waste rates.”

Staff and consultants both recommended “adoption of a resolution authorizing the city manager to execute the proposed agreement.”

Rates would still move each year through the existing index-based compensation adjustment, which the consultant said had averaged about 2.74% a year.

Rudnick asked about the customer service platform; Mark Figone said East Bay Sanitary was moving to one called Hauler Hero, converting in the fall to go live early next year. Motoyama asked about the risk of a sale. Schultz said a small privately held firm eventually passes shares on or sells, and Figone said three generations of his family had run it, there was “no golden parachute,” and “I'm gonna finish my career here.”

Significant

The franchise extension is presented as securing more services “at no change in solid waste rates”, with the existing annual index adjustment continuing. Emissions reduction is described as an opportunity rather than a commitment, since electric collection vehicles are not yet considered feasible, least of all for hilly residential routes.

27 “Still in the garbage business” captions 1120–1150

2:52:45Mark Figone: same detainee.

2:52:48Mayor Quinto: Tomorrow fidelity.

2:52:52unmute please.

2:52:54Councilmember Fadelli: You gave the right answer mark We appreciate that on that and they're still smiling after all those facts and figures um.

2:53:03I just want, and one thing i'm glad in Italian, is still in the garbage business because I had relatives in so now my network garbage men so there's a few Italian still left doing garbage.

2:53:16Yes.

2:53:17Yes, carry on, I had a question for the city if we don't get the funding that the mayor has been fighting for in sacramento.

2:53:27We will not have a rate increase anyway Is that correct.

2:53:31What, what is the.

2:53:32What are the city's costs.

2:53:35Will Provost, City of El Cerrito: Well yeah so just to speak to that a little bit, so I I proud of the work we've done on SP 1383 two and really what we've tried to do is leverage existing resources and existing partnerships.

2:53:45So, through this franchise amendment and extension with these based, and we are able to obtain procure a number of the SP 1383 activities from a space and.

2:53:57And additionally through the the work being that my recycle more and the proposed.

2:54:02A memorandum of understanding there that will come before to counsel fairly soon we're going to piggyback on the work being done regionally to meet other obligations.

2:54:11And so, with that with East Bay San taking you know shouldering a lot of it, recycle more doing edible food recovery certain other tasks and then city in house, we have a waste prevention specialist and do some of this stuff already.

2:54:24I think we're largely able to meet the requirements, without major increases in costs so.

2:54:30There will be minor things like we just got some grant funding and we'll have to we'll buy some to cubic yard commercial containers with that button so it's there won't be no cost.

2:54:42But it won't be nearly as substantial as it would have been had we not had we not, you know engage the space and to offer these services, or what regionally with our other partners.

2:54:53Councilmember Fadelli: Will our budget coming up have additional funding in case 33 doesn't isn't funded from the State.

2:55:01Will Provost, City of El Cerrito: I think it's all included in in our aws yet projections yeah.

2:55:05Councilmember Fadelli: Okay, and last question before I just make a comment um we do have that competence, the competitive study still pending and I heard what garth said about we should continue on and that still can be pending.

2:55:26Is do we owe the auditor something on this, what was this highlighted this was not.

2:55:33I mean they asked about our fire they asked about our police Is this something that we owe the auditor.

2:55:39Karen Pinkos (City Manager): Thank you councilmember and the we referenced that in our update and our corrective action plan to the State auditor, that it was pending.

2:55:48It wasn't a requirement and it wasn't a specific recommendation, but we did take that on as part of you know, the the whole.

2:55:58Area of looking to increase revenues, so it is not a requirement, but we will be sure to update the state auditor when that study is complete, because we've referenced it in our update.

2:56:10Councilmember Fadelli: Well, I just wanted to pair it with Council member rudnick said about no new costs and all these great new adjusted.

2:56:18extras that we get the benefits that we get are just really making this a better product for Elsa rainbow though the bulk items for the multifamily I think is incredible there will be less garbage out there.

2:56:34illegal dumping, the fire prevention is beneficial to us couldn't have come at a better time so congratulations staff congratulations, mark you are still smiling after all this.

2:56:47We will talk to you every year about this stuff but i'm just saying what a great great new new concept and congratulations I think it's a really.

2:56:58Looking forward to it i'm i'm still used to Gray being recycling, so I maybe have to switch my mindset on that, but congratulations i'm willing to.

Fadelli welcomed the operator's continuity and then asked the question residents care about.

His pleasure that the family firm remains “in the garbage business” locally.

His question: if the city does not obtain the funding it is seeking, “we will not have a rate increase anyway — is that correct?” And what are “the city's costs”?

Staff explained the structure: the franchise amendment and extension carries the base service levels, with additional work coming through Recycle More.

A memorandum of understanding on that would come to the Council separately.

So SB 1383 compliance is shared among the hauler, the regional agency and city staff, without major increases in costs.

Fadelli asked whether the State Auditor was owed the pending competitive rate study. The City Manager said it was not a requirement or a specific recommendation, but it was referenced in the corrective action plan and the auditor would be updated when it was done. Fadelli praised the bulky item service for multifamily buildings and the fire prevention help.

Note

SB 1383 compliance is split among the franchise, the regional agency and city staff, which staff say lets the city meet the requirements “without major increases in costs.”

28 “I want to thank Garth” captions 1151–1183

2:57:08Councilmember Fadelli: I think, someone else can make emotion, but I certainly going to vote yes on us, thank you.

2:57:14Mark Figone: Thank you can smell fidelity.

2:57:16Mayor Quinto: Okay Council member, a person.

2:57:18Councilmember Abelson: Yes, I, I just want to make the comment that I am so delighted with this whole.

2:57:26way of figuring out how we were going to get through these new requirements, among other things, that I I can't I really can't tell you how happy I am.

2:57:38With the way this is turned out, and I want to thank garth for the work that he's done on this and I want to thank mark, because I think part of its really the effort and energy that mark has put in, and so thank you mark.

2:57:57Mark Figone: My pleasure.

2:58:00Councilmember Abelson: it's been great working with you.

2:58:04Mayor Quinto: And I want to echo what councilmember able sunset and councilmember for Delhi looking at how many years your family has.

2:58:13Provided this service and it's been nothing but a pleasure, when I have to call your office and and you actually get arson, instead of waiting.

2:58:26forever to get service like what the other companies around us, are doing so well done with the presentation garth and well and and mark.

2:58:37You know, we want to make sure that we look at all of us, and it was so thorough so but I appreciate that and so we're going to.

2:58:46bring this to pump comment at this time, members of the public who wish to provide public comments for this item should use the raise hand feature to request to speak say clerk Please proceed.

2:59:00Thank you mayor, we did not receive any written public comments for this item, but I do have one hand requesting to speak.

2:59:10I will pull up our oops.

2:59:15I apologize.

2:59:22Okay.

2:59:26Our first speaker is howdy howdy howdy be able to unmute and begin your time now.

2:59:32Howdy Goudey: Thank you mayor and Council, my name is how to go to listen or read Oh, and I appreciate the work on this contract, it is getting us a lot of great services.

2:59:45And I do want to acknowledge and appreciate the inclusion of zero emission.

2:59:54vehicle.

2:59:56criteria that.

2:59:58I think is very important, and while it may appear that you know the market isn't ready.

3:00:06It really relies on customers you saying you want this to make it happen because the technology is there it's really an implementation.

3:00:16and product development problem where if if the makers don't see that there's ready customers.

3:00:23You know, demanding this product they're not going to make it and so it's important to make the statement that this is the product, you want, and you know you can have the.

3:00:32Electric hauling truck of your dreams today if someone just builds it and we need to accelerate and get beyond the you know handful of little test vehicles here it's it just needs a bigger.

3:00:46effort towards implementation and that's really on the production industry side but.

3:00:53You know the demand side really feeds into that, so I think it's an important statement, and I would encourage you to spread it to other public officials and other jurisdictions to increase the voices demanding a better hauling truck product, thank you.

3:01:14India that does conclude a request to speak on this item okay.

3:01:18Mayor Quinto: Great we're going to bring this back to the Council are any final comments.

3:01:24Mark Figone: If I make for just one moment I would be remiss if I didn't offer a very humble and appreciative Thank you to event and to will and to garth.

3:01:34For the process for the negotiation process and to counsel for considering this again i'm very proud of my family's legacy in our Community and it's been.

The Council closed with thanks all round.

Fadelli indicated he would vote yes and invited someone else to move it.

Abelson said she was “so delighted with this whole” process — the “way of figuring out how we were going to get through these new requirements.”

Her thanks went to the consultant for the work, and to the contractor: “it's been great working with you.”

The Mayor echoed both.

In public comment, Howdy Goudey welcomed the zero-emission vehicle criteria and argued the technology is there: makers will build the trucks when customers demand them, so the Council should say it wants them and encourage other jurisdictions to say so too. Rudnick moved approval, Abelson seconded, and it passed five to zero.

The agreement was approved, and the meeting adjourned after a little over three hours.

Note

A negotiated franchise extension that meets new state requirements without a rate increase draws thanks from every councilmember who speaks. It touches every household, and it takes about as long as the equipment ordinance.

29 Liaison reports, and a new way to vote captions 1184–1219

3:01:44Mark Figone: Just an absolute pleasure to to have worked and to continue to work and to help the city meet all of its environmental goals and again, thank you very much for for considering this this this request.

3:02:02Mayor Quinto: Okay, any final thoughts city council.

3:02:08Councilmember Rudnick (she/her): motion to approve okay.

3:02:11Mayor Quinto: If I run a second.

3:02:12By able Sir Madam clerk.

3:02:18Yes.

3:02:19mayor pro tem multi Emma.

3:02:20Yes, councilmember abramson.

3:02:23Yes, councilmember fidelity.

3:02:25Yes, councilmember rodney.

3:02:27I.

3:02:28Mayor Quinto: mentioned carries okay very good Thank you so much, everyone and again, thank you to God Schultz, and to.

3:02:36Will provost and again to mark for gardening and his family.

3:02:40Mark Figone: Thank you all so very much.

3:02:42Thank you.

3:02:43Mayor Quinto: And to public works director Abed ortiz again, thank you for really show um so we have a minute to 10.

3:02:52we're going to city council local and regional League is on assignments any updates.

3:03:01councilmember residents.

3:03:03Councilmember Rudnick (she/her): Thank you mayor last Thursday was a scheduled meeting of.

3:03:07The recycle more Board of.

3:03:09directors, I was away at cal city, so thank you councilmember abramson for sitting in However, the meeting did not make quorum, so the meeting was rescheduled to tomorrow, and at that meeting we're going to be voting on the next annual budget.

3:03:26Mayor Quinto: Okay Council member fidelity.

3:03:28Councilmember Fadelli: Thank you to two items, as the representative to the West county contra Costa transportation advocacy committee, there was a special meeting on the feature Sam Capitol avenue.

3:03:40Last week, which talked about future potential changes for San Pablo Richmond and Elsa rainbow and it's my understanding that in July.

3:03:49With tech will be coming to city council to talk about those potential changes I also attended the contra Costa elections Community engagement group.

3:03:59Which is gearing up for the primary coming up very shortly here and they've got some major major news major changes there was one election with lori Wilson, the Mayor of sassoon who want her assembly seat, and they were able to try out some precinct voting.

3:04:19With all the mail out ballot, there will be no more precinct scanners locally anymore all the votes will be taken to the central headquarters.

3:04:29And there's a whole new technology to vote there some people are concerned about it, our city club our county clerk is saying this is a great security improvement in the county.

3:04:41Paul workers are needed, let people know that there are still a need for poll workers and information can be received and attained at the county recorders office there will be five early voting locations 153 polling stations and 37 drop places to and also read Oh, I understand.

3:05:06For four votes that will be coming but they guarantee that there are good equipment upgrades which will even include improving on counting right in voters.

3:05:17So a lot of excitement the next couple weeks, and this was primary day in a lot of states, so when we leave here the news on CNN or a lot of smell what's gone on Oh, thank you.

3:05:28Mayor Quinto: Thank you, I want to report that I did also attend the special meeting with with tech as the alternate there and I did.

3:05:38speak in support of having AC transit bring their board to West contra Costa and have the meeting in when West contra Costa.

3:05:47We need to have our residents have a say in the future of the San Pablo Ave specific plan, especially with our AC transit writers and hopefully they will have their meeting at West contra Costa, to bring the show here for residents here who take public transportation so anyone else.

3:06:15Okay, good, so our next regularly scheduled City Council meeting is Tuesday June 720 22 at 7pm and will be held at the Council chambers, with an option for all attendees to participate in person or via zoom so it's 1002 this evening, thank you for joining us have a good night.

3:06:38Sky Woodruff (City Attorney): Everyone.

The waste agreement discussion concluded the substantive business.

In liaison reports, Rudnick said a RecycleMore board meeting had failed to make quorum and been rescheduled. Fadelli reported a special WCCTAC meeting on the future of San Pablo Avenue, which would come to the Council in July, and the county's election changes: ballots all by mail, no more local precinct scanners, five early voting locations, and a need for poll workers.

Quinto, as WCCTAC alternate, said he had asked AC Transit to hold a board meeting in West County so residents could have a say on San Pablo Avenue.

The meeting had run a little over three hours, with the equipment ordinance and the waste franchise the two longest items.

Cross-reference

The annual public meeting AB 481 requires is the mechanism the Chief uses for the Flock camera outreach five months later — the first of the public meetings held in November 2022, with the Crime Prevention Committee following and Council adoption in March 2023.