Regular City Council Meeting November 15, 2022

0:00:41I I apologize. We are called to order. I will begin roll, call again.

0:00:54Here.

0:00:55We were not on for the zoom feed. Mayor Kinto, Mayor pretend Motiama, your councilmember, Abelson, sounds member fidelity Count member Redneck hasn't we have a core, it next is pledge allegiance.

0:01:00To the flag or observation. With a moment of silence I pledge allegiance to the flag, but the United States of America and 2 to report like for which it stands one nation under God indivisible with liberty and just as far

0:01:22Teleconference and public comment instructions. Thank you.

0:01:27Thank you, Mayor. This meeting is being held in person with an option to participate via Zoom for those participating remotely.

0:01:34Please remember to keep your microphone on mute whenever you are not speaking for those participating in person.

0:01:39If you are also logged into zoom, please make sure to keep your audio muted in zoom and on your device to avoid any audio feedback closed captions are available by participating in the meeting via Zoom for members of the public who wish to provide oral testimony the mayor

0:01:54Will announce the time for public comment for each applicable item for each period of public comment in person request will be heard first, followed by remote request to speak, in-person requests are submitted to the city clerk with the speaker.

0:02:04Card anytime in advance of the item being heard. Remote requests are submitted by selecting the hand. Icon.

0:02:13When the period of public comment is announced and remote requests by phone are submitted by Dialing Star 9 instructions are also provided on page.

0:02:20One of the agenda, and will be displayed with the speaker timer for each period of public comment that concludes my instructions.

0:02:27Thank you. Mayor. Next is Council staff communications, and we'll first go to City Manager camp Pickus.

0:02:35Good evening. Good evening. Thank you, your honor, and thank you. City Council.

0:02:38I'm Karen Pinkas, I'm the city manager.

0:02:41This will be one of my last reports on the local emergency, which will end as of December, thirty-first, 22 is reported.

0:02:48The last council meeting. There are no longer any health orders in place from Contra Costa County.

0:02:52The Governor State of emergency is slated to end on February the 20 eighth, 23 city staff will be bringing back legislation to the city Council at the next council meeting for your consideration on December the Sixth to address extending the temporary outdoor

0:03:08Dining and retail program with respect to the eviction, moratorium as a reminder the ordinance establishing the moratorium that was passed in 2,020 by the city council requires that the moratorium Ends as at the end of the local emergency or the states emergency.

0:03:21Which avers later since the state emergency will indeed end.

0:03:252 months after its cities. This means that the city's eviction maritorium will effectively end.

0:03:29On February, 20, eighth, and as another reminder, the Moreatorium only prevented evictions for late payments due to documented financial issues arising from the COVID-19 Pandemic does not establish rent forgiveness but provides temporary rent forbearance for those

0:03:44Who qualify the Moreatorium ordinance also suspends late fees from being charged for qualified residential, and commercial tenants, who condemnate loss of income or revenue due to COVID-19 and that that requires that a 6 month grace period is available to

0:03:59Pay back those late payments. So what this would mean is that the 6 month period will begin on February, 20 eighth, so our staff will provide information and outreach on the ending of the moratorium and i'll also be sure to include this information in the next city managers monthly

0:04:13Update, and with that I just also want to give a shout out to all of the poll workers and election workers who work really hard last week we had a lot of foot traffic here at City Hall, and while the old election results are still Tripling in from here and there I just want to give a shout out

0:04:32To everyone who worked the polls they did a wonderful job, and we were really happy to house them here for the day.

0:04:37So with that. Thank you, your honor, I'll that concludes my remarks.

0:04:41Okay, thank you very much. Next, I'm going to read a statement that I issued back on November second, a seventh, 2020,

0:04:51Sure.

0:04:57Okay. And this is a public statement that I made back in November seventh, 2022 recently in our city.

0:05:05A hate crime. Incident occurred against one of our neighbors where it family discovered an anti-semitic symbol on their property.

0:05:14This shameful incident is an example of what is being experienced and neighboring communities, and throughout the country we in El Cerita, condemned this hate crime as well as a national increase in intolerance bigotry and criminal activity based on hate el cerrito does not

0:05:35Tolerate prejudice, bigotry, raceism, hatred or violence, and we encourage anyone who has experienced an act of 8 to report it to the else Rita police department immediately where it will be fully investigated at the city Council meeting on November first 2022 the Council passed your

0:05:58resolution, declaring November, thirteenth to the nineteenth, 2,022, united against hate with the city, has participated in this movement since it began, in 2,017 these recent events showed that this campaign is needed more than ever we share the fear and anger of our community members at

0:06:19these actions we miss, we must remain vigilant in our mission to promote tolerance and respect between all people, and we will continue to seek avenues to further on this and harmony with our community, the city's human relations commission has been at the forefront of the city's campaign

0:06:40against 8, including the not in our town and the stop hate, together.

0:06:42Movements, in addition to participating in the United against 8 Week the Human Relations Commission continues to be involved in seeking areas to engage the community and promoting tolerance and stopping care fostering, racial and Social justice, and gathering input on this and other topics, that encourage understanding, and

0:07:08Inclusiveness, I invite the community to consider attending the next meeting of the Hrc.

0:07:14Which will be held at 7 Pm. On the second Wednesday of each month, a city of El Cerritos committed in to upholding our core values of inclusiveness.

0:07:25And respect for diversity, by resolving to the welcoming and compassionate to all people, to promote love and to stop, hate, to stand up for human rights and to work diligently to ensure that every member of our community, feels accepted and safe thank you

0:07:47Can't remember writing. Thank you for those words, Mayor I'd also like to add that when we say that hate doesn't belong here we mean it now in all ways every resident of el cerrito has the right to feel safe has the right to belong and has the right to feel seen

0:08:03and accepted the one thing we will never accept here is hate for someone to spray, paint a one foot.

0:08:10Swastika outside of the home of our Jewish neighbors is unacceptable.

0:08:15Neighbors who experienced this crime have a constant reminder from the outline of the swastika.

0:08:20Still present on their own driveway in their home. Every time they enter or leave their own home.

0:08:26They see it, and this is why it's a hate crime right now.

0:08:29It's one of our Jewish neighbors, but we crimes of hate impact. Any one of our neighbors, your El Cerrito City Council, stands in solidarity. And will never accept hate thank you mayor

0:08:43We'll next go to May. Pretend. Thank you, Mayor.

0:08:49I think this is really an important time for us to be united against these kinds of issues.

0:08:56It's really painful and hurtful to all of us.

0:09:01When one of our community suffers.

0:09:05Oh, for this past pandemic time there's been a lot of issues around a Api violence and hate, and so you can see when one community is impacted.

0:09:19All communities are impacted. We have unfortunately, in our world today an environment where hate and violence seem to have traction with some people.

0:09:30But I hope that you know, as we see this happening in our own community, we realize, you know it's not that far away from us and that we reach out to our neighbors, more and then also I just want to say that if anyone has any information about this incident specifically please reach out to the police department.

0:09:50Thank you.

0:09:53Sounds good. Thank you. Yeah. We the Human Relations Commission did have a meeting last week on the lease on on that Committee Commission and Council Member Rodnick and City Manager and our police.

0:10:03Chief. We're all present, as was the family. The entire family, which was quite heartfelt comments coming from their son, and and the couple I'm pleased at the Chamber of Commerce and and I and the City manager have talked about spreading the United against hate posters throughout

0:10:26our community on sample, app, and and to put them in the business windows.

0:10:31If you're retailer, have a small business, look forward to seeing me or others coming and asking that we put the poster in your window, because people need to see that we need to be united, against hate thank you thank you.

0:10:45Council, Member Abelson.

0:10:49Thank you. I appreciate all of the comments that my fellow account members have just made on this topic, that somehow I thought we would never phase in El Cerrito I felt that el Cerrito was a different kind of a place of a place that brought us all together.

0:11:14Where we celebrated things like Earth Day, you know. I mean where we celebrate our differences, not

0:11:29Do these despicable things, because if we I mean the things are just gonna fall apart.

0:11:44If we don't contain

0:11:47This, and let our neighbors know that we think that it is

0:11:56So despicable, and they may think well, they didn't do it to me, or but next time it might be your turn, you know.

0:12:07Maybe next time it will be you, and it's wrong, no matter who it is.

0:12:15And so we need to work on figuring out who, in fact, was responsible.

0:12:26And we need to do what we can to prevent future such activities.

0:12:35In including educating our community, of of about the topic.

0:12:43And so I appreciate the support that has come from this council and from other organizations in the city, and I think I'll leave it at that.

0:13:03Thank you.

0:13:06Thank you very much. I wanted to report that I did speak earlier.

0:13:13The afternoon at a civic well Zoom Meeting where it was co-sponsored by Meta, and I spoke about housing and the great things that the city is doing regarding housing and talk was housing as a climate strategy the and that was a

0:13:39Nice El Cerita reunion to have a former assembly member, Roger Dickinson.

0:13:45There, as well as Staff Pacific. Well, Hailey, form, or else Rita residents, and elsewhere to high grads, and Roger.

0:13:55So a class of 68 gaucho.

0:13:58When his wife was class of 1970, so small world when it comes to Yosemite and civic well, and I was happy to do this for them.

0:14:11I also want to report that we do have a

0:14:22Have no pro tem lisa mote on by and Council Member Abelson.

0:14:26Report. Thank you. Thank you, Mayor. Go ahead Council, Member Wilson

0:14:33Oh, I couldn't hear what you were saying

0:14:35Oh, this is the report out for the wall of Fame AD hoc committee!

0:14:38Oh, okay. Yeah, and I do have a report I hope that you can. You hear me?

0:14:44Yes.

0:14:45Okay, great. The we met last on November the fifteenth actually, I think it's today.

0:14:54Yes.

0:15:01Mayor, pro tim modiophone, and I met several times.

0:15:06In fact, with city staff, particularly Holly, and we reviewed and discussed the wall of same program, and the application received.

0:15:19We received one application for that honor at our last meeting, which was held on no camera.

0:15:29The second we agreed to recommend the approval of Norman Wolf Force to the wall of fame, and the city clerk will add an agenda item to this meeting, so it should be on our agenda as you know or it will be on our agenda on december

0:15:51Sixteenth for the City Council to consider this recommendation if approved, the staff will then proceed with a formal induction of Norman to the wall of fame.

0:16:00Early next year. So this is quite an honor to be included, and if you are in City Hall, good, and go downstairs just outside the council chamber, you will see, the the people who have previously been inducted, into the wall of fame and if you know them, or no no some

0:16:34of them. You'll realize just the caliber of people that it that are included in this small group.

0:16:44It's the people who are really the significant movers and shakers in town, not just people who have done kind of one thing.

0:16:55The people who have done a number of things, and they are the pillars of our community, and I think I no I'll actually know all of them at least I met all of them.

0:17:10And so I think that everyone who's up there has meets that standard, and so I think that we are honored to have normal force.

0:17:27Who's and many things for our community be among those.

0:17:33Thank you.

0:17:34Thank you. Councilmember, Abelson. I just have one correction.

0:17:38It will be on the agenda for different December the sixth

0:17:43Oh, I didn't say that I thought I did. I'm sorry

0:17:47No worries. Thank you. Council Member Abelson

0:17:51Any other updates. Yes, one on Friday, November fourth.

0:17:54I attended, and I think some of you guys did too.

0:18:00The San Pablo Avenue Holiday Light celebration at elevation 66, the Elstredo Chamber of Commerce did an excellent job same thing with the owners of elevation 66 so special shot out to the leadership of the El Cerrito

0:18:13Chamber of Commerce, as well as all the members of the Chamber of Commerce, el Cerritos, business community is thrown.

0:18:15We're making it through a really tough pandemic, and please support your El Cerrito local businesses.

0:18:23Thank you. Hey? Great

0:18:28Yeah, just I was pleased to attend the anniversary party for the firesa El Cerrito, 4 years old, and there finally, people coming back together after 2 years of Covid, and like the City manager I did wanna make a shout out to our County Cleric our election workers and Tons of

0:18:47Costa and the 3 candidates that man for city council here in congratulations to the victors.

0:18:54You're one of them and to Caroline, and to Vanessa.

0:19:00Thank you all for running and having a good campaign

0:19:04I forgot to mention that at the last contra cost of Mayors Conference I was voted in by my peers alcohol, representative, and that's an important thing.

0:19:18That through the county, and I look forward to serving the next 4 years on that committee, and and I look forward to having my colleagues participate in more regional boards.

0:19:32And conditions. And it's great to see El Cerrito stepping up reasonably, very proud of all of you.

0:19:39Next is all communications from the public. Thank you, Mayor.

0:19:45So I just wanna report on a couple of things. I did attend the book event for the lights, and that was really delightful.

0:19:52And thank you to Council Member Paul Fideli for all his work on that as well

0:20:01So I attended. I also attended the I'm another year celebration for Lavana.

0:20:08Martin by since State State Senator Stephen, please. Exciting.

0:20:15You know, live on a Martin really elevate all the the work about homelessness, and also speaking of our regional impact, I'm on the executive board of the Eastern Economic Development alliance and we had our meeting on the Tenth and we had a great presentation by

0:20:35LED mud, so I want to just report out briefly on that that they are looking at recycled water, which will be important to us as the drop progresses and the innovation here is that there's not going to be a separate piping system for that so that means that else rita will

0:20:52be able to get the benefit of recycled water much sooner.

0:20:56The recycled water systems are are going towards Berkeley and Albany.

0:20:59Already. So what that means is LED. Mud will recall and clean water that we use and put it back into the water system, so that will make us much more drop resilient.

0:21:12That's great news. Thank you. Next is all communications from the public now is the time for members of the public who wish to provide public comments regarding matters, not on the agenda consent items, and presentation, items, in person speakers can submit a speaker card to the city

0:21:29Clerk and remote speakers can use the race hand feature.

0:21:332 requests to speak. Please remember to identify yourself and your city of residence at the beginning of your comments, madam City clerk, please proceed.

0:21:42Thank you, Mike, and just give a moment to those on the line to raise their hand.

0:21:47We do have 3 in person requests to speak, but I just want to quickly announce the written public comments for items not on the agenda that we received by the advanced edline today that has been posted online and provided directly to the city Council these come into received by Cordel Hitler Lisa

0:22:05Turing Michael Fisher and Robin Mitchell, and then we will go to our in-person request to speak first up we, have Henry Simmons, followed by Joanna Pace, and Mayor at this time I have 3 in person, and 2 online.

0:22:163 min. Thank you. Hey? Council members. I'm great to see all of you, my name is Henry Simons, and I'm the temporary contra costa.

0:22:30County government and community relations, representative for Bart. You probably know my colleague Ariel Mercado, who recently left Bart.

0:22:34I'm placing him. It's nice to be back here in El Cerrito in 2,016 I got the chance to work on a library bond measure where I got to know several of you and the alserito.

0:22:49Community unfortunately, we're not successful then, but I'm so happy to see this plans for see working with Bart to make a new library happen El Cerrito plaza ted project in terms of bart work in el cerrito we're just Finishing up

0:23:05Work, replacing the all the lights at our parking garage, with leds that will save Bart money, which is good and make sure we use the less energy, which is also good.

0:23:12You should have received information from me about this project via email, and in the coming years we're excited to partner with you to build more homes for families.

0:23:26You're in El Cerrito, and to provide a central public transit for people who live and work here.

0:23:32And please let me know if you have any questions about what's happening at Bart.

0:23:33We're really excited to work with this community to accomplish our shared goals.

0:23:41Thank you. Thank you. Thank you. Our next speakers join a pace followed by Bill Barrish.

0:23:49Good evening, Mayor and Council Staff members. I'm here this evening to give 2 compliments to one of our community partners first, I'd like to give a shout out to Pg.

0:23:57I've been meaning to come here to do you that Pg.

0:24:07Needed an awesome job when I called in with a complaint about the smell of gas in front of our house and their employee, Joseph I didn't catch his name.

0:24:14I did send in a compliment to them on their website.

0:24:22Joseph showed up first with in less than 30 min they the website promised it would be an hour, but it's less than 30 min, and then he persevered.

0:24:31He believed me first off. He believed me that there was a smell. He couldn't smell it.

0:24:37His little wand, magic wand that lights up when there's a gas couldn't detect it, but he believed me, and he stayed until he found it took almost an hour and it meant he just had to follow me.

0:24:50Around like crazy woman wandering around, you know, sniffing.

0:24:51And I I'm like I smell it. I smell it.

0:24:55And then, and then he and we walked through neighbor's yards and all kinds of stuff.

0:25:00He finally found it. It was a neighbor's furnace that was broken and was, instead of putting the gas into the furnace and using it to heat the house.

0:25:05It was putting the gas out the vent out to the outdoors, so gas was going outside, so he prevented that catastrophe so compliments to Joseph.

0:25:20And then also another, compliment. When my husband heard us coming down here to finally say this to you, you know that our community partner was helping us, he said.

0:25:29Also tell him about the good job that Pg. Did, replacing polls up there in our neighborhood.

0:25:34I'm an Earlyton Heights neighborhood in the last couple of months they came up and replace the number of polls, and one day they appeared to have replaced 3 or 4 pools on the same day it was a massive project with a large number of apparatus and

0:25:51Trucks and people, and it was just really well choreographed, and they kept it.

0:25:55The disruption to minimum. You know, with little tiny streets up there, and you're worried about fire trucks being able to get through.

0:25:57But they were able to do it and get it done, and my husband's a retired utility supervisor.

0:26:06So he knows what he's talking about when he said it was a job, a capital projects, improvement job well done.

0:26:11So just want you to know that you've got a good partner in Pt.

0:26:15Thanks and they didn't ask me to come here to save this.

0:26:19I I just felt like I needed, to be sure we got some good news, too.

0:26:20Okay. Thanks. Thank you. Thank you. Our next speaker is Bill Bearish, and then we'll go to our remote speaker

0:26:32There. C. Council. I am here as both representative of 350 contract.

0:26:40Costa, which is part of the 350 organization that works on both the national state and local levels for climate emergency education.

0:26:50I believe earlier today you received a letter from Denise Dennis, who was also is also part of 3, 50, and another letter from Dr.

0:27:01Robert Gould, all of which is pointing toward encouraging you to adopt the Sam Pablo plan update with the amendments recommended by the Environmental Quality Commission, which was spearheaded by howdy gouti and we are absolutely Adamant in trying to encourage you to

0:27:33Take these recommendations seriously and adopt these resolutions and these changes, because there is, in fact, no reason to carve out exceptions.

0:27:46For example, for buildings with 5 or more units, etc.

0:27:53Or 5 or fewer units, because this is a policy change.

0:27:56It doesn't cost the city anything to make a policy change and require building electricity for all.

0:28:06And in addition to putting electric vehicle, charging, infrastructure into all new buildings, not necessarily that they have the chargers ready when the building is finished, but that they are ready to be installed in any time the importance of this I think is also, but follow up I was here, in

0:28:33July with Fred B. Ali, and we presented you a petition with 200 signatures of Elserito residents asking for a essentially the same thing

0:28:51The city plan is was adopted more now than 3 years ago.

0:28:58I believe, and has not moved forward since, and it's time to move forward, and I'm asking you to please take this up.

0:29:11Get the staff on board and move on this so that we can get something done.

0:29:19Thank you. Thank you. Well, now go to our remote request to speak.

0:29:24Our first speaker is Robin Mitchell Robin.

0:29:27You should be able to unmute and begin your time. Now

0:29:31Yes! Can you hear me?

0:29:33Yes, we can.

0:29:34Okay. Mayor, Kinto and Council members. My name is Robin Mitchell.

0:29:38I live in El Cerrito. I'm concerned that the city has apparently made the decision that when the City Committees and commissions return to in-person meetings there will not be a hybrid meeting option I think that not providing a hybrid meeting Option, is

0:29:50Actually an accessibility, issue and restricts members of those communities only to people who can actually attend in person, which, I believe is discriminatory.

0:29:58I'm the chairperson of the Urban Forest Committee, and I have had reason health problems that do not allow me to currently attend meetings in person, and I will potentially have that same issue of the meetings Restart in february or whenever they're going to start I

0:30:11Can't ever figure that out from what you guys say, my health status is respiratory.

0:30:12Related, requires me to be on oxygen, which is inconvenient for attending long meetings, and does not allow me to get the latest omicron variant boosters so I'm hesitant to be in an enclosed environment with people whose vaccination status and

0:30:29recent Covid exposure is unknown to me, so I will not be able to meet in the small conference rooms usually used by the committees, and would probably not be comfortable meeting even in the council Chambers there are other members of various committees and commissions who have different issues around

0:30:42meeting in person, but could attend remotely, not having the hybrid meeting.

0:30:46Option is at best a loss of talent and contribution, and at worst is discriminatory.

0:30:52I know that the technology of having hybrid meeting seems daunting, but I believe much simpler technology could be set up for having remote attendance for committees and commissions compared to the elaborate technology apparently required for the city council meetings.

0:31:04If the issue is the requirement of the brown act, that the remote members be in a place that is available to the public, I would request that the city attorney look into waivers for that requirement on the grounds that it is discriminatory to the members of those committees and commissions to have

0:31:18that requirement, particularly if there's already a public meeting option available by attending the in-person meetings taking place at City Hall.

0:31:26Thank you.

0:31:28Thank you. Our next speaker is Michael Fisher. Michael.

0:31:32You should be able to unmute and begin your time. Now

0:31:36Thank you. Mayor Mayor pro tim and Council members.

0:31:39My name is Michael Fisher, and I have the honor and privilege of being your designated representative on the contr cost accounting library commission.

0:31:50Currently I also service the chair of that commission. I plan to bring you on a monthly or by monthly basis.

0:31:54A brief update, with highlights about our little library, especially as we begin to explore the possibility, as mentioned earlier, of a new twenty-first century library at the Bar transit oriented development being proposed for the l Cerito plaza bar area despite its small size the El

0:32:21Cerrito branch is the busiest library among the systems West County library.

0:32:22We are at least 40% busier than any other library.

0:32:33We are popular, and we are also now fully staff which help in serving our growing patron population.

0:32:46Hello!

0:32:47The library is continuing to open up after the restriction imposed by the corona

0:32:49Hi! I'm

0:32:50One of the most wonderful programs we to a dog has now returned this program.

0:32:58Uses therapy dogs to listen to children as they read aloud.

0:33:04The dogs are clearly inhralled and not judgmental, because someone is talking to them.

0:33:12And this greatly helps. Children, bring build confidence, their meaning.

0:33:17Skills the active team advisory group continues to help ring programs that attract teams to our library this month that they're requests.

0:33:28There have been programs on financial literacy for teams, and there is more to come.

0:33:35The New Year will see English language, learning groups. The Mystery Book Club, Elder Tech, the Knitting Crochet group, and then insiders group for the differently able more on some of these in my next report I'd like to thank the council for continuing to fund expanded hours for our library as you can see this

0:34:02Is money well spent, and benefits all segments of our diverse community.

0:34:08Thank you.

0:34:10Thank you, Mayor. That does conclude a request to speak. Okay.

0:34:13Very good. Thank you very much. Next we will go to adoption of the consent calendar, and we will

0:34:26Okay.

0:34:32We have 5 a approval of minutes. B. Authorized city council, and city advisory body meetings to be held via teleconference, presum it to Ab.

0:34:43361 have a motion. I'll move.

0:34:48Yeah, do I have a second

0:34:53A second from Abelson, and a motion by Airport.

0:35:04Hi!

0:35:05Tim and City, Cl. Mayor Kinto. Yes, Mayor Pratimotiyama, aye Council Member Abelson, Councilmember Fidelity, Councilmember Redneck by motion carried okay, great thank you very much.

0:35:09Next is a presentation, the contrast of mosquito and vector control district update, and we have here.

0:35:20There are Council Chamber, Nola Woods, public Affairs, director, welcome

0:35:45Thank you very much for inviting me here tonight. I appreciate that, and I am Nolewitz from the Public Affairs director from the contra costs, mosquito and veterans.

0:35:53Control district. I find my seat here

0:35:58All right, and I'm here tonight just to give you a little information about who we are.

0:35:59What we do as a public health agency and most importantly, the fact that we do have a vacancy on our board of trustees for a resident of El Cerrito, so hoping that folks will learn about us and potentially we could have a Trustee.

0:36:20From Elserito in the coming months

0:36:33Alright, so the contr cost to mosquito and vector control district.

0:36:38We first were voted on by the people of contrast to county back in 1,926, and in 1927.

0:36:45We opened our doors, and the reason that the people of Contra Costa County decided to vote to create our district as a public health agency was because we were suffering in contra Costa county from the salt Marsh mosquito this mosquito comes from salt water along the

0:37:04Shoreline, and can fly up to 20 miles, and in the 19, twenties here, in contrast to county those areas of the shoreline of contrast to county were virtually uninhabitable schools closed real estate couldn't sell it was not a good situation, but wrong way.

0:37:24There we go, and that's when the citizens can together and voted to create the contract Costa mosquito of abatement district.

0:37:34We opened our doors in 1,927 and 95 years later.

0:37:37We are still here in our latest version. So our mission statement is the contra cost of mosquito and vector control district is about public health agency dedicated to protecting the community from mosquitoes and other vectors of disease

0:38:02And a vector, because it is in our name, in most folks. That's the first question that we get.

0:38:07What is a vector? It's any insect or other animal that can transmit the causative agents.

0:38:09The disease, or cause discomfort to people for other animals.

0:38:19When it comes to our district we are a special district. We are independent of county government.

0:38:24Our personnel. We have 3, 4 full-time personnel at the district as well as we do bring in seasonal employees, particularly during the mosquitoes season, and we work for the people of Contra Costa county as I'm moving along here a little faster than I expected we work for all of the

0:38:49People of contrast to county and that we are strictly located.

0:38:53Our jurisdiction is all of contra. Costa County

0:38:58So we do have a board of trustees. That is 22, members 19 represent each city in contra Costa County, and 3 represent the county at large.

0:39:11And we are funded through property taxes, and in some areas an additional benefit assessment

0:39:20The services that the contract costs to mosquito and vector control district provides to the people of Contra Costa County are to reduce reduce the risk of mosquitoes, rats, and mice, skunks, tin ground nesting yellow jackets specifically and in cases

0:39:40where sometimes folks will refer to their yellow jackets kind of they just kind of blankly refer to everything as bees, so to that end, when we go, and we inspect for ground nesting yellow jackets if it turns out, that they are honey bees we do provide a service, but it.

0:39:59Is inspection and education

0:40:06And according to the Contra, the California Special Districts Association, their board member hand.

0:40:15The idea of what it is to serve on a board of trustees, and it's to represent the best interests of your community to ensure the delivery of essential local services and infrastructure well

0:40:31Wow! It has a mind of its own, and faithfully serve the public good well upholding the law

0:40:42And the board of Trustees are appointed by the respective city councils which brings me here tonight or in the case of the 3 members that represent the county at large they are appointed by the county Board of Supervisors and the terms are typically for 2 or 4 years on our board of

0:41:00Trustees. The trustees serve without

0:41:06Hmm.

0:41:08Keep moving. There we go, serve without compensation, but are provided with an allowance not to exceed $100 per month, in lieu of external, while it's attending official district Board meetings now prior to the pandemic of business meetings were held on the second Monday of

0:41:29every other month, and starting each year in January at the district office at 1 5, 5 Mason circle in Concord, since 2020, of course, as all of all of us have experienced our board of trustee meetings have been virtual and they have been held virtually as well

0:41:51as monthly, but we do anticipate a return to in person every other month, beginning in early 2,023, and our meetings are open to the public.

0:42:03The reason that I am here specifically is to get the word out.

0:42:04We need a trustee from Elserito, so we certainly would really appreciate it if you would share on your social media.

0:42:13Your newsletters, at events, and gatherings with constituents to be able to share this information, to really encourage folks who are civically minded and would like to serve their community this is a great place to serve as well particularly being.

0:42:35A public health agency. We do some very important work, and we appreciate any trustees that we have who are on our board of trustees.

0:42:45That is my presentation and I'm happy to answer any questions.

0:42:49If you have any. Thank you very much. Do we have any questions from the Council?

0:42:56So thank you so much for this presentation, and I wanna just say that I'm a big fan of vector the vector control district, because I think it's the work.

0:43:09That you do is so in and so vital. I do have a question about a vector question which I don't know.

0:43:17That's okay to ask you. Sure. Okay. So I noticed in the latest newsletter that there was a a notification about a new type of mosquito.

0:43:27That's new to our area, and that we should treat things differently.

0:43:30Can you talk a little bit more about that? I think like we're we were.

0:43:34Just we were told to get rid of the standing water. But that's not good enough anymore.

0:43:39Right. That's a a wonderful question. Thank you so much for asking that in August we did detect the invasive non-native species of eighties Egypti mosquitoes in a neighborhood in Martinez and our goal is a public health agency is to stop those

0:43:58Mosquitoes, because they are the mosquitoes that can transmit the causative agents of Zika, and Chicken ganya yellow fever that's actually their common name is the yellow fever mosquito and

0:44:11dinghy, and so we do not want them here locally.

0:44:12The fact of the matter is, these mosquitoes have spread throughout California, and they are in more than 20 counties in California.

0:44:25Primarily through Southern California and Central California. This was the first detection here in the bay area, and so the key with these mosquitoes as opposed to the mosquitoes that we're used to particularly of course our west Nile mosquitoes

0:44:44The West style, virus mosquitoes actually lay all of their eggs are stuck together in a tiny little, a graft, so it looks like a grain of dark rice.

0:44:54Really is what it looks like, and they float in the water.

0:44:58So if you dump out that water that a graft is also expelled, and those eggs will dry up and they're no longer viable.

0:45:06These new mosquitoes, the eighties and jipty.

0:45:09They are very different. They lay individual sticky eggs, and these eggs will stick to the inside of containers, where they will lay their eggs just above the water level, and so what we're telling folks now is it's critically important not just to dump out the water.

0:45:27But to dump and scrub the container, because if you dump out the water and put these containers away, say for the winter, and you bring them back next spring, and plant something new and water them those eggs remain viable for months, and months, and so those mosquitoes, would just start developing

0:45:47Next year, and we don't want that to happen. So you're absolutely right.

0:45:52The messaging has changed a little, and so it's dump and scrub, because these sticky eggs are viable for many, many months, and we need not only the water gone but the eggs as well, thank you for that question thank you.

0:46:06So much okay, any other questions from the Council? Not a question just to comment.

0:46:10If anyone who is either here in the audience or watching at home, and they're interested, please contact city clerk, and we can get things going because it would be great to have more representation actually have a representation from el cerrito thank you yeah, I completely agree.

0:46:28I remember Mayor of former El Cerrito, Mayor Medicaid.

0:46:33I I believe it was a long time volunteer after he became mayor, and retired, so he held that post more than 20 years at least.

0:46:42So so we would like to definitely find someone for this position, and there is a small stipend.

0:46:52And so hey, that that's good coffee money for the month.

0:46:57So, yeah, so, Nola Woods thank you for being here and and putting up and the word there, and I appreciate you coming here once again.

0:47:06Thank you for having me and click at night

0:47:10Next we have the else Rita police department, 21 in review

0:47:43Alright. Good evening Council members on Paul Keith, your chief of police I'm here tonight to talk about our annual report from 21.

0:47:51Now at first I was like, Gee! This is November.

0:47:54It seems a little late to be doing the annual report, and I looked at the last time I did this, which was in 2,020 and I did it in November of 2020 for the previous year. So we're actually right on time for this

0:48:07Okay. Let's see.

0:48:10Yeah, my clicker is not gonna work. I'm gonna move positions here

0:48:25Okay, single. Click.

0:48:31And then now can you hear me? There we go alright.

0:48:36I'm used to standing up, but I can do this sitting down too.

0:48:39So the mission of the Austria Police Department to protect our community, solve crime and pursue justice.

0:48:46I like to start off with that, because it helps frame all the work that we do for our community.

0:48:51Some of the pictures you're gonna see are actually not from last year.

0:48:52They're just from this year, but I'm really proud of the work.

0:48:57Our officers have been doing so. I wanted to show some pictures of them doing it.

0:49:00So this is a picture from the Matt awards from this last summer the Honorees were Jared Bernstein in Corporal Stephanie Ware Officer Bernstein's parents were present to receive his Award and it was just a nice event out in

0:49:14Black Hawk, recognizing all of our work by our officers to take drunk drivers off the street

0:49:22This is a picture from Sergeant Scott, Clay's retirement, so Sergeant Scott client was, is an El Cerrito native and a long time El Cerrito employee did 26 years at the illustrator.

0:49:33Police. Department. Like many people, he started in other programs at El Cerrito before, and at least behind a great legacy of service.

0:49:39Not only to its fellow employees, but also to the community.

0:49:42He grew up in and served for a quarter of a century.

0:49:47So here's Scott right here in the middle

0:49:51And this was the first year that we did a post pandemic pandemic resumption of the law enforcement, torch, run for special Olympics.

0:50:00So this year with Covid. We didn't really have many runners, but we at least got the torch moving around the county, which we call the Big Victory.

0:50:07So in past years we'll run the torch basically all the way up San Pablo Avenue.

0:50:12It starts down in Berkeley or Emory. Veil goes through Cerrito, up through Richmond and San Pablo all the way up to the Carquin.

0:50:19Is straight this year we moved it by car. But lecture we plan to get back on our running shoes and actually run it.

0:50:25So we're really happy to have the torch back, in El Cerrito.

0:50:28It's a great fundraiser for special Olympics. Special limits is really run primarily off of law enforcement fundraising

0:50:37So let's start talking about 21. So our focus in 21 was pandemic recovery.

0:50:42Addressing, retail theft, and addressing catalytic converter, and vehicle, theft so on the pandemic recovery front.

0:50:47We started. Off the year, as you may recall, in 2021, with big outbreaks of Covid over in the police department meant that we had a number of employees that were getting sick now typically not from work, but getting sick from things they did outside of work so we

0:51:05Reinstituted quarantine schedules.

0:51:06In the first couple of months of the year after we got through that big surge, and people were finishing up getting vaccinated.

0:51:14We really focused on the crimes that were occurring in our community.

0:51:19So as people stayed home, we saw that thieves moved their activity towards the retail front, which were businesses that were easier to target a lot harder to target people's homes.

0:51:26Because people are home all the time. We also saw during the pandemic that our vehicle theft numbers rose significantly as people still needed to get around and maybe mass transit was not as viable a a solution for them, and also we saw a lot of stolen vehicles getting used to

0:51:48Commit retail theft, and I probably don't really need to make tell anybody here the catalytic and murder theft is a big deal, and continues to be a big deal, and not just in 2021 but also in the current year, so we we've also been trying to focus

0:52:04On that now. A couple of our officers did some really great work and be able to have last year the California Highway Patrol gives out an award in conjunction with triple a for stolen vehicle recoveries and 2 of our officers qualified for awards from

0:52:18C HP. For their work in not just locating stolen cars, but locating is stolen cars with the car thieves still in them so actually apprehending people and clearing the case

0:52:30Alright. Let's talk a bit about a rest trends from the last 4 years, so as you can see in the 2 big pandemic years.

0:52:36That's 2020 and 21 kind of arrests across all categories fell so some things to think about when you look at arrest numbers is that our most common arrest area is in arrest for larceny so this is theft a lot of them.

0:52:57Come from retail theft. Now what we found during the pandemic is that less stores have been employing last prevention agents, and combine that with less stores, or authorizing their employees to act when thefts occur so thefts from stores can happen very quickly they're

0:53:17often done in groups and the suspects who use vehicles can flee rapidly in addition, when you have theft related, offenses, suspects leave behind, little evidence.

0:53:28And there has also been people. I'm sure Council has noticed this.

0:53:29An increased acceptance of people walking into businesses, wearing masks on their face.

0:53:37So it's also harder to not only investigate the crime, but then identify.

0:53:42Who is responsible for the crime? Because we've all gotten used to people wearing mass pretty much everywhere in our life, you know, back before the pandemic.

0:53:48If you went walking into a business with a mask on, they're like we're about to get robbed, and they're already calling the police now it's like oh, it's just somebody concerned about getting Covid so that has changed and it has made it harder for businesses to kind

0:54:00Of figure out who it is that you know they might be keeping an eye on.

0:54:05Now there were some changes of deployment that we've discussed in the annual report back in 2,020, about how we how we approach retail theft differently, but we really saw during the pandemic is that stores, were much less likely to intervene directly on

0:54:23Suspects, so they're not getting detained at the store.

0:54:24They're fleeing the store pretty much every time, whereas in the past somebody might grab the person and hold them there until the police arrive.

0:54:32So that is one of the big changes

0:54:36Let's take a look at some use of force trends as well.

0:54:39So this is the last 5 years of use of force you can see that there's a there's definitely a drop off in 2020 which could be.

0:54:49I could have predicted that with the pandemic we had not only officers that were, you know, trying to keep their distance from people, but we had a huge reduction in crime in the early part of the pandemic so there's there's less opportunities for officers

0:55:06to come in contact with suspects, too, some things to think about when you look at use of force.

0:55:08So last year we had about 19 uses of force. That is the 19 incidence in which force was used, and we had about 33 times where officers use force in those 19 incidents so the predominant techniques and this is because there's a number of different

0:55:28techniques that might be used in any one incident.

0:55:29So one officer might be doing a take down and then they might transition into a control hold and another officer might also be doing a control hold so there's 3 different force incident, you know, 3 different forces, used in one single incident so the 2 predominant techniques that our officers

0:55:51Runs away from the police. The police have to stop the person from running away that often means they're getting tackled or somebody starts pulling away from an officer or trying to you know, fight with an officer and an officer takes them down to the ground so that happened 11 times last year and control holes is the other predominant

0:56:10use of forests. Control hold is a technique to basically control a person's arm to control a person's leg so that you can facilitate handcuffing them.

0:56:20So control holds happen in most arrest, because it's just a technique to control somebody's arm while you're basically putting handcuffs on them.

0:56:29So I did get some questions, and I'm gonna try to address these as we go.

0:56:33I got a question that what are pain, compliance, techniques now?

0:56:36Last year, I think we had a one pain, compliance technique used so a pain, compliance technique is frequently combined with the control hold.

0:56:44So it might be something like a wrist lot where you're applying some pressure to the risk.

0:56:49Maybe you have a person who's trying to pull out of the control hold.

0:56:50So you apply pressure during the control hold, so that the person experiences pain not necessarily in injury, but they experience pain so that they stop the behavior.

0:57:01They're doing so that you can continue to either move them or put them in the handcuffs.

0:57:02So some examples of pain, compliance, techniques might be a rear risk lock, which, if I had another cop here, they could either deserve it on me, or I could demonstrate it on them it's the use of pressure points so there's pressure.

0:57:19Points back here and under here there's a pressure point right here.

0:57:21There's a real painful one. If you push on.

0:57:22But they're basically things that cause a momentary.

0:57:25You know signal of pain for a person to disrupt whatever behavior they're doing.

0:57:35It's a pretty infrequently used technique predominantly.

0:57:39Officers are using things like take downs, and controls

0:57:45That's good question on that, would you like to ask questions you mentioned in your report?

0:57:50You had one custodial event. What does that mean for you?

0:57:54So force? What is custodial event? So that would be an event happening in the jail.

0:57:59So while we're, you know, trying to control the person.

0:58:01The jail uses a force there can happen when we're taking people out of handcuffs to do things like fingerprinting them, and then they start resisting in that environment so it's not out on the street it's or in the custodial office

0:58:17Right? Cool. Okay. Thanks. Well, no, no, not this, not not a school or I custodian.

0:58:21I think custodians. Room. Okay, so let's move on internal affairs. Investigation.

0:58:26So in the last 3 years we'd average about 10 to 11 in investigations per year.

0:58:37This chart kind of breaks them down in internal and external investigations.

0:58:41So the last you know few years, we've had a pretty good mix of internal versus external, and let's talk about what those are.

0:58:49So an external investigation would be started by a member of the public.

0:58:53Typically it would be somebody who is complaining. I can give you some examples of things that we might receive from the public an officer was rude to me.

0:59:00Maybe they felt that they were profiled in an incident.

0:59:01Maybe they felt that excessive force was used. Maybe they thought there was something an officer should have done that they didn't do, and they're complaining about it.

0:59:12Not everything that the public complains about is something that rises to the level of an internal affairs.

0:59:19Investigation, like somebody might call and say, You guys don't do enough speed enforcement on mosure.

0:59:24It's like I am sorry, but that may or may not be true, but we can try to do more, but that doesn't that doesn't rise to the level of an investment now, somebody's saying this officer use excessive force on me that's another story that's something we'd

0:59:37Investigate, now an internal complaint, as you can imagine, something that comes from internal to the organization.

0:59:43So this might be a this is typically a supervisor or a co-worker that witnesses a policy violation.

0:59:44What they believe is a policy violation. They notify a supervisor in the organization, and if the elements are there, then investigation started.

1:00:01So these can be things like you know, investigations and services to retaliation, harassment, hostile work, environment.

1:00:04It could be things like somebody missed a court date that they were supposed to go to.

1:00:14Somebody misused equipment. Those are the types of things that can come from an internal investigation and internally, if we see something during a review process that is an excessive use of course or a major violation policy, then or a violation of policy then those can also spark internal affairs

1:00:32Investigations. So think of the internal investigations or things that we spotted external, or things are brought to our attention.

1:00:47Yes, thank you.

1:00:50Yes, now. Not every investigation results in a finding. So sometimes they think that they witness something as it turns out.

1:00:56Oh, there's more to the story, but yes, everybody is required to report, and so that's what these internal numbers look like.

1:01:03These are people who work in the organization believe they saw a violation and reported it. Okay.

1:01:09So let's talk about some possible outcomes for sustained complaints.

1:01:13Now our annual report has the statistics for how many complaints were sustained?

1:01:16There are a number of different possible outcomes that could be an employee that gets terminated.

1:01:22Plague is can get demoted. Somebody could get suspended.

1:01:23They could have a reduction in pay. They could receive a letter of reprimand, make it receive an oral reprimand also, and if there is a sustained violation then absolutely there is a department, action associated with it we don't have sustained findings and then say oh, that's

1:01:42it we're not gonna do anything about it. So there's always something that gets done about it.

1:01:47It's part of our process anytime, we conclude an internal affairs.

1:01:52Investigation. The city manager receives summary of the investigation of the discipline that was given, and gets an opportunity to challenge the process.

1:02:02Ask more about it if the city manager wants more information on it now.

1:02:07Often in the big cases the city manager is pretty up to speed when it comes to a termination coming up or a demotion or a major suspension.

1:02:10So it's really not that many questions on those usually she's pretty aware, but anytime we have a sustained violation.

1:02:22We do something about it now? It would be nice to have I mean.

1:02:28I'll tell you it would be nice for transparency sake, to be able to say this is the allegation, and these are all the details.

1:02:35And this was the final outcome of this case, however, there are a lot of laws that protect please personnel files in many instances now there are some exceptions things like you know, sexual assault just dishonesty those categories.

1:02:50But if it's not those categories outcome of those investigations are protected.

1:02:53So it's hard for us, because we have so few investigations in a year that if we gave out information it would become readily apparent quickly.

1:03:01Exactly who that referred to, because people could just look at the organization be like.

1:03:04Oh, I remember that person was gone, and when they came back this is how they came back, so I know that must have been their case.

1:03:11So we we do. Have to be careful on how we say.

1:03:13This is what we investigated, and this is what the result of the investigation was

1:03:20Okay. So next, we're gonna talk about some crime statistics.

1:03:24So Larseny burglary and robbery are the 3 categories I'm gonna talk about today.

1:03:28I want to start, and I do this on each of these by defining what these categories mean?

1:03:33Because you know sometimes I'll talk to some of them.

1:03:36Say, oh, we got robbed, and I'll say you got robbed to my goodness, that's a that's a significant crime.

1:03:41It's not well. Somebody went into my car and still change out of my car.

1:03:45Okay, well, that's not a robbery. That's a different crime.

1:03:47So first we're gonna talk about these categories before we get into the statistics so when I say the word larceny, I want our listeners to think of crimes like taking stuff out of it unlocked Car stealing packages off a porch going into a

1:04:03Hmm.

1:04:04Business, shoplifting. Those are all crimes of Larsen.

1:04:05So I think basic theft. That's Larsen.

1:04:09Taking something, taking a catalytic converter is also listening.

1:04:13So keep those things in mind when you think of the you see the word larceny, it's basically theft.

1:04:18Now burglary is when somebody goes into a structure with the intent to steal something except for stores.

1:04:25So this is when somebody breaks into your home and steals something out of your home.

1:04:29When I say burglary, I want you to think of home breakings.

1:04:32That's what burglary is, and robbery is.

1:04:36When a person takes something from another person directly, so they can do it through force, by grabbing it from them, they can do it by threat by saying, I'm gonna kill you or pointing a gun or a knife at them, where they can do it from through fear just making somebody so afraid that they willingly give up their

1:04:53Item because they're afraid that if they don't something bad will happen to them.

1:04:57So when you think of robbery, think of things like you know a robbery on the street where somebody pulls a gun on somebody or somebody going in to a bank and saying I have a bomb give me money with a note think of crimes like that when you think of robbery now

1:05:11Robbery can also be I'm in the middle of shoplifting, and somebody tries to stop me from shoplifting, and I get in a fight with them so that I can keep the stuff I just start.

1:05:16That takes a theft into robbery, territory.

1:05:26And that's important, because that is a lot of our robberies, and I'll talk about that when you get to the robbery slide

1:05:33So we'll start off with our larceny trend.

1:05:36So as you can see in 2,020 a crime went down which was nice, and we we had been on a pretty steady progression up to you know, up and over a 1,000 thefts, a year so when the pandemic hit I was like well, ielujah we get

1:05:55A little bit of a break from people stealing stuff which is nice now through 21, through a lot of the year.

1:05:58It stayed at kind of that lower level, just like in 2,020, until about the month of September, and from September on the the larceny picture in town really went back up to normal every a lot of the Lockdowns were done most of the stores at that

1:06:16Point, had stopped making special setups for how you get into the story may remember during the pandemic, you know people would form lines outside of the stores pretty much all that stuff was done by September of 21 businesses were back to normal and and retail thieves are

1:06:33Back to normal as well

1:06:37Now burglary. On the other hand, went down during the pandemic and really stayed down.

1:06:43I think that you know. Certainly it's been my experience in town that a lot of neighbors who used to commute for a living to go to Oakland, or San Francisco or Berkeley they didn't have to go to their jobs anymore.

1:06:54Or they had to go to their jobs many fewer days a week.

1:06:56So they were staying at home, and when people were at home.

1:06:59That's exactly when burglars don't like to break in houses.

1:07:02They like to break in house when people are away at work, so burglary is definitely decreased during the pandemic.

1:07:08Now the the law in 2,014. I'm just gonna kind of move my mouse around this little point right here in 2,014. The law changed so not really the burglaries but related to

1:07:23Oh, darn, I'm trying to go backwards. There we go, my!

1:07:26On the right slide. Yeah, related larceny in 2,014.

1:07:27So 2,014 voters passed a proposition to reduce the penalties for retail, that, so before, where you'd have a chance of going to prison if you stole from you know businesses way too many times they release they reduce that they also increase the threshold before a crime

1:07:48Could be considered a felony. So think of 2,014 when you look at these charts, 2,014, the log change around retail thefts became much less risky to be a shoplifter because there were fewer penalties associated, with if you got caught now the lot didn't change relating

1:08:07To burglaries in 2,014. It was just as Rachel to be a burglar before as it was after 2,014, and before 2,014.

1:08:16My goodness, we would have residential burglaries in this town like you wouldn't believe you could see in 2,013.

1:08:23It was almost 1 one a day, you know. We were at about 285 residential burglaries in a year, which is a ton of residential burgers.

1:08:33So what we have seen is definitely a trend down in burglaries.

1:08:37They're much more risky. You really get hit hard with the prosecution.

1:08:38If you get caught breaking into people's houses.

1:08:40So just something to think about.

1:08:47I moving on to robbery, so thinking of 2,014 again is that point.

1:08:52One of the things that we saw after 2,014.

1:08:55Is that ro robberies, you know kind of kind of went up a touch.

1:09:00It was a bit less likely that someone was going to be victimized in a street robbery.

1:09:05But robbery is associated with shoplifting went up a lot.

1:09:08So these are people who are in the process of shoplifting, and then they just don't want to give up the product when store security or employees confront them.

1:09:16Now in the last 3 years. This is an example about 50 to 60% of our robberies occur either in businesses or directly associated with the business.

1:09:20A lot of those are shoplifting incidents where somebody confronts the person.

1:09:31So you can see why, you know, start telling people just don't even confirm them, because they don't want the employee to experience a threat or experience violence from somebody shops with you from a business

1:09:45And you can see during the pandemic. There's certainly types of robberies, it probably got a lot more challenging for one.

1:09:51We saw a huge uptick, especially in 2,020, and the first have a 21 of people outlawking around, and they were just I mean, it's sometimes they're just hordes of people out there on the Bart.

1:10:02Let me the Bart. Path was the Alona Greenway was covered with people, the neighborhoods were just saturated with people, and not only that, but fewer people were walking around with like laptops coming home from work they were just walking around with you know their fitness.

1:10:15Gear so as a target for a street robbery.

1:10:18Those targets definitely went down during the pandemic things.

1:10:21Like most of these, a lot of these are associated with the with stores. Still, though

1:10:27Okay, so as part of this process, I also like to give annual updates on some of the items that the Council is asked for annual updates.

1:10:34On so the first one we'll start off with is a sanctuary city.

1:10:38We continue to train our officers and how to interact with our population in ways that don't violate their right to privacy relating to their immigration status, and we had no collaborations with us immigration and customs enforcement in 2,021 just like the year

1:10:55Before, now on body worn cameras, we continue to do regular audits of bodyword, camera footage.

1:11:03We can see that our officers are regular using them, especially in high stress situations and things like vehicle in vehicle pursuits and uses of force are officers are doing a really good job of incorporating the use of the body weren't camera into everything they

1:11:20Do we've also used them a lot in internal affairs.

1:11:25Investigations. It really provided a valuable tool to either confirm or rebut something that someone has said about one of our officers, and they're an obvious benefit in criminal investigations.

1:11:37To provide another. You know another witness basically to a police investigation, and when we have things that come up that are viable for our officers, so we can use them as training we do that I'd say less often really for the most part we're using them for investigative purposes.

1:11:56I also want to talk about some things that are work in progress not only for this year, but going into next year.

1:12:01So recruiting and retention continues to be a big focus for us.

1:12:04We have a contracted with a company to help drive recruiting.

1:12:05If you follow us on Instagram in particular, you'll see the results of their work.

1:12:08They put together some fantastic pieces on the policeman.

1:12:16It's got us applicants from Southern California. We're currently processing a person from Reno who wanted to make the move.

1:12:23The bay area saw it on. Instagram was like, Hey, that looks like a good place to work.

1:12:27So we got some really good results from that. We've been also working on things around the police department and to help retain the workers that we have.

1:12:35We have a a team building workshop coming up where we're gonna be discussing kind of the future look of the police department?

1:12:39We've certainly learned a lot in the last 2 years about the things that keep people with the police department versus the things that make it easier for them to depart.

1:12:51So we're hoping that that'll really drive some new ideas about maybe re-structuring again.

1:12:56Kind of what we do, and making some more specialties available, so that people can really dive into something that is their wheelhouse, and really, you know, flourish in a position I'm gonna talk a bit about this collaboration.

1:13:10With the Contra Costa County public defender's office.

1:13:13Now the public defender's office is kind of the lead agency in this, but their partnered with the contrace of probation apartment and the district attorney's office in a youth early intervention program so 2 years ago I was talking about a different program this is kind of the

1:13:26Successor program. So what this is is public fender works with police departments like us, we come across a kid who let's say they're kind of a low grade troublemaker.

1:13:38There's certainly breaking the law. But geez, it's so low that it kind of seems a little ridiculous to you know.

1:13:45Arrest the kid for it. This gives us a referral possibility where we can get the kids information without even writing a criminal report.

1:13:51Give the public defender the details of what we're talking about, and the public defender can come in and start doing some diagnosis with other county departments.

1:13:56Figure out what's going on with the kid? What are some things we can do to keep the kid?

1:14:06You know, off the bad path. We just started as collaborations last summer.

1:14:10We've already referred a few kids to the program which is good, you know.

1:14:11Maybe I would say, you know, on a per capita basis.

1:14:15We don't have as many troubled youth as other cities might, but you know none of us want to be out there arresting kids especially, for you know dumb little crimes that they could maybe learn a lesson another way.

1:14:28So that's something we're working on with the public defender's office.

1:14:31In addition, contra Costa county behavior. Help has been working hard to get there anyone anywhere, anytime program and talking about it is a 3 off the ground.

1:14:42They have teams out there or on a county level with the county chiefs and the second and commands group in the county.

1:14:49We're working on response protocols for the program, so that our responses to incidents are really seamless.

1:14:51Between our dispatch center and the a 3 disbelief center.

1:15:00So we're sending the right people at the right time to the right calls.

1:15:04X monies. We're also doing work on automated license plate reader camera. Systems.

1:15:15So we had a public meeting just last week, where we is the first public meeting kind of talking about Apr. Systems.

1:15:19That's kind of what we have in mind for it, and we've got a lot more work to do on it.

1:15:27We're planning on doing a presentation to the Crime Prevention Committee in January or February to give them a kind of overview of the program.

1:15:35Give them an idea what vendors were looking at working with, and to talk to them about policy canations for an apr policy.

1:15:43It's something that we're hoping to bring to council, probably in spring of next year, for your consideration.

1:15:48There'll be, you know, ideally will be at the point where we have the policy, the the draft policy in place, the vendor identified the funding request identified hopefully where it'll come, from so we plan to present that in spring in the meantime, for people that are watching that are interested

1:16:11In hearing about what we're doing, who wanna give us input about things that they think that we should be considering or questions about the program.

1:16:20My contact information is going to be at the end of this presentation.

1:16:21So please send something my way, and we'll get your question.

1:16:23Your concern. Your comment addressed the other thing that we have on here is a traffic enforcement unit.

1:16:29So this is something that was kind of taken off the board back in 2,020, partially as a cost, saving measure partially, it's kind of a refocus for the Pd.

1:16:46I can tell you that we get so many requests or traffic, enforcement and neighborhoods that are patrol officers alone just really aren't as effective in addressing as a dedicated traffic unit would be so we're we're doing some thinking and planning around what bringing

1:17:05Back the traffic enforcement unit would look like what kind of impact we think it'll have, and that's something else that be it before you.

1:17:12It it may be something that is a fiscal year, 2324 item, so it'll be something once again.

1:17:18You probably see in the spring, but have it in mind.

1:17:22We we get concerns all the time, and and it's really hard for our cops, because we feel like we wanna help address it.

1:17:30But it's tough with the resources we have when you have somebody who's dedicated traffic cop it's so much easier, and and you can really feel like you're making a difference.

1:17:41Okay, so this slide has my contact info on at least my emails on it.

1:17:45And I want to go over a couple of other questions that I received between when we put this on the agenda, and between today so that if people have this question, I can answer it so some of these are about the annual report so i'm going to refer to page numbers so people know what I'm talking

1:17:59About this is my coming out of the air. So somebody asked me What is an Fi card.

1:18:03So that's on page 12 of our annual report.

1:18:04It's one of the stats we put out there.

1:18:05So an FBI card is a field interview card. It's basically a very short reports call an fi card.

1:18:16Because yeah, back in the day we had it on a little, 3 by 5 card, and you wrote real small.

1:18:21It's when you caught you wanna wanna record a contact with somebody so let's I'm gonna think back to the times I've used this.

1:18:29We had the series of robberies on the Aloney Greenway.

1:18:32Oh, back in the day. So you see, you know a group of people kind of congregating on the Bart path, and you know they they're watching people as they go. By.

1:18:43And they're looking suspicious about how they're kind of looking at people.

1:18:44Go by now. You you don't know for sure that they're gonna do a robbery or not.

1:18:48So maybe you go over there and do a consensual contact.

1:18:54And just, you know. Introduce yourself. Say, Hi! Whatever, if you get their information, then maybe record what they're wearing on that day you record their name now in the past, we have actually, used little contacts like that.

1:18:59To connect people to crimes. Later on people will tend to scope out er where they want to do crimes, so that is basically what an FBI card is for it's also for if you go and talk to somebody and somebody is like oh, you bet I want to replace taken for this well, an Fi report an

1:19:22Fi card allows you to. Say, okay. You know what I'm gonna make sure there's a record of our interaction, and you can get their name.

1:19:28You can put your information on there. It gives it, it, locks it in time.

1:19:29You know why you were talking to this person when you were talking to them.

1:19:33What the circumstances were, and that, you know it generates a case number as well.

1:19:39So these are just small reports we do now now, typically an Fi card is out of a proactive law enforcement activity, which is one of the reasons that we track them as well, we want to see our officers.

1:19:52This looks strange. I'm gonna go look into it so it's a measure of kind of the proactiveness of the police.

1:19:58Department and and it definitely fluctuates year to year.

1:20:02You know the pandemic definitely drove a lot of those down probably proactiveness of law enforcement, alright.

1:20:09Chris, the State really plummeted during 2020 and 2021 one of the things we want to see coming out of is people make you know smart decisions about talking to people when there really is a suspicious circumstance happening and we use that to kind of track those incidents, alright so I had another

1:20:28Question about yeah on the same page on page 12. We have firearms on the side, and it's says how many firearms we seize for safe keeping is evidence and for destruction, and on the other side it says narcotics, and question was aren't the narcotics

1:20:45Destroyed too well. The answer to that is Yes, we do destroy the narcotics ultimately.

1:20:49Now some we don't always destroy them right away. This narcotics that are sees.

1:20:53They're used for evidence initially later on.

1:20:57Once court cases are done, then we do destroy them. At that point, however, sometimes we do use them as a training aid for our canine program.

1:21:04So if you think about a dog, a dog has to get sense reinforced.

1:21:07They have to play little games, you know they have to play.

1:21:10You have to have them searching for drugs you have to use actual drugs to make that happen.

1:21:13So we get a court order to allow that use of some of the drugs we've seen, instead of just showing them get a quarter, allowing us to use them as training aids.

1:21:22For A canine program. We use them for, you know, about 6 months to a year, until the potency phase.

1:21:27Then we go into destroy them after that it is really like they have to get like double signatures every single time they take the kid out.

1:21:35It's a whole process. But that is another thing we use in our products for, but you destroy the firearms that you collect.

1:21:39Not all firearms, what do you do with them? Oh, that was. That's a good. That is the other part of the question I need to answer. You wonder, how do you how do you destroy something and how do you destroy drugs how do you destroy a gun so we have a contract well, we have an agreement.

1:21:55With a trash disposal company that runs an incinerator so 2 of our employees will escort the drugs.

1:21:59The evidence, whatever needs to be destroyed. The guns out to this incinerator they go down a shoot and they get melted down to nothing so this super hot incinerator.

1:22:12So that's how we actually just destroyed things now.

1:22:15Not all guns get destroyed, some guns get taken for safekeeping and get ultimately returned to owners.

1:22:16Now in order to get their gun return to you have to be a legal possessor, so you have to pass the whole doj process all over again.

1:22:24Doj has to give us blessing before we give anything back to people.

1:22:31So not every gun that we come in contact with gets destroyed.

1:22:32But I would say, probably most do okay, that was the other question.

1:22:40There alright. I think I covered the questions I got in advance. I'm gonna go ahead and stop screen sharing here, and I'm gonna go stand over here because I like to do that better okay, council any questions for our police chief

1:22:57Yeah, I think. Thank you. I have about 5 questions, and I don't need long answers.

1:23:03But there are things that your report was really good.

1:23:06I really appreciate it, and obviously all cities are going through staffing and retention issues.

1:23:08Now, and can you be honest with us and talk about what's the biggest thing?

1:23:14What's the biggest need? As far as retaining cops and Alzheimer's?

1:23:21I think the biggest complaint. What how can we keep them?

1:23:26I would say that there are things in our control and there's things not in our control.

1:23:27I can't control where officers live, and if there's a good job that's available close to their home, however, a lot of people will leave, and they say I want a place with more opportunity for growth.

1:23:39I want to experience other things. Now I'm on the old pension plan, which means I could retire at 50.

1:23:46Our younger officers are on the new pension plan, which means they retire at 57, so a lot of them are looking at a career that's going to be 33 years long when they get hired and they really want to know that they can have the gamut run the gamut of law

1:24:01Enforcement. Experiences. So one of the things we're going to be talking about are off-site in 2 weeks is what are the things that we can bring back?

1:24:05What is it? What are the ways we could change our staffing to to add other specialties of the police department in a way that's gonna bring value.

1:24:09So you know we're we're gonna be talk.

1:24:18I would never say this to the school Board directly but we're gonna be talking about, you know.

1:24:19Maybe, do we need to have a school resource officer program that the district doesn't necessarily fund.

1:24:26Do something like San Pablo does, so that we have an officer who's out there making an impact on the you know the youth of our community, and a positive way and and also at the same time retaining those employees that really want to work with the youth, of our community, the traffic unit is

1:24:43Another is another, you know often popular thing, not not everybody's cut out to be a traffic officer, I can tell you, but for those that that is their thing, boy they really like the traffic unit.

1:24:54We're talking about trying to bring back if we can.

1:24:57You know a a position around community engagement. Again when we had it.

1:25:01It was an amazing position now. It doesn't mean and don't worry, you don't start panicking.

1:25:07I'm not time of bringing the staffing up to 45 or 50 cops or anything we're talking about trying to do it within our existing footprint, but really be thoughtful about how we deploy on, the street and what are the things we can bring back to give people variety and their experience and where

1:25:21They feel like they're growing professionally so I would say, that's the number.

1:25:26One thing. If if there's room to make you know allocations in the budget, I would say, that that's where money would be best spent is really increasing.

1:25:29The things available, especially to our officer, ranked employees.

1:25:33Thank you. Do you have a any information on our your response?

1:25:44Time, for citizens who call you you know I don't have it in here, but I did a.

1:25:52I I'd have to come back to you with it because I don't have the data on the top of my head.

1:25:56But we we run about, you know, historically, run about 5 to 6 min on priority.

1:26:02One calls so those are the big emergency calls. Now the the goal most agency shoot for is a 5 min response or less to a priority.

1:26:11One call in the past when we had more staffing, we were typically right about 5 min on priority.

1:26:12One calls because we have been impacted a lot by our staffing I believe we're up to like 6 and a half minutes.

1:26:24On priority. One calls you do track it. We do track it.

1:26:25And I just didn't run it for tonight.

1:26:31But that is one of the impacts. And we talked about that budget time, too.

1:26:38Do you have an opinion on Citizenship Advisory Committee?

1:26:43I don't have an opinion. Oh, you don't!

1:26:46No, not really. That's interesting. Well, I mean a separate other cities.

1:26:53Part. Other places have citizens, advisory committee, and and I know we have a crime.

1:26:55Prevention, as far as making it easy for accountability. Would that be a place that would be good for those kinds of issues or just discussions?

1:27:07Well, I think that ultimately that would be up to city Council to decide that's why I think that no advisory boards can serve a purpose, especially when you feel like a police department has a need for oversight that maybe they're operating outside of community or

1:27:28Council expectations, so I think those would be the things that I would consider about Advisory board as far as you know.

1:27:31How would our department interact with one? I think that we would do it just like we do all of our public interactions that we're here to be professional and collaborative and certainly not defensive about the things that we do so I know from from my stance when it comes to things like

1:27:55Discipline, I I regularly have to defend my discipline decisions from you know, attorneys from appeals, processes so I'm I'm certainly not shy about defending the discipline and decisions that I make That's as part of you know being the chief you have to be

1:28:13Ready to to back up your decision, making and show that this was the right call to make for the incident that you're faced with.

1:28:21Thank you, and in the budget overview page you have crime, prevention.

1:28:27What are the kinds of programs? You know you have it under investigations which we're having a shortage of detectives on our and and so some of the cases are not getting resolved.

1:28:40Is that? What's is that happening? What is the that is true?

1:28:45And that's that's really kind of the trend.

1:28:46For this year. Last year, Staffing was not as impacted as it is this year.

1:28:51So yeah, that is definitely the trend for this year.

1:28:53Is that we're we're down detectives.

1:28:55We've got a total of 3 people working in investigations right now.

1:28:59One of our detectives has been reassigned to word patrol because he's a field training officer.

1:29:03And right now our big need is to get people trained so that they can fill vacancies.

1:29:08So that that detective can get back into detectives so he can support our our major investigations. So yeah.

1:29:14An investigation is a heavily impacted unit. It means that they have to triage cases to a big degree that really they have to look at is this a case that we can identify a suspect on do we have a high chance of solving it those are the ones they have to focus on or is

1:29:29this a major case like, you know the stabbing we just had on Saturday night where somebody was injured in a major way, even though there may not be a tremendous amount of evidence that's something that needs a lot of detective attention because these are a dangerous person out in our community so a

1:29:47detective has been dramatically impacted by our vacancies.

1:29:48Sometimes that's the feedback we get of never heard back about our case.

1:29:56And where is it so? I don't know if that's a direct correlation to not having detectives on staff to help.

1:30:03With that okay, and it still still doesn't mean that people shouldn't get calls back.

1:30:10And I also do get those emails as well. So they get the call from me first, and then they get a follow up from a detective.

1:30:19But I never want people to feel like they're just out there hanging in the wind.

1:30:20So when a detective doesn't get back to people, please contact me my emails on the website and thank you. I can usually get attention.

1:30:31Thank you. My last question is, and maybe I'm not sure if someone else is gonna ask for this.

1:30:35But our public might be interested in maybe an update on on the hate crime and what's happened and how we're going about seeking out who may have done that yeah, so the hate crime happened on October twenty-seventh have between the hours of 6 15 and 6 45 Pm.

1:30:52It was after the sun had said person approached the driveway of the victims.

1:30:59Residents. Now they spray painted this Swassica right near where the sidewalk was so relatively close to the street in the 5,200 blocks sorry the 8,200 block of terrorist drive so what we're hoping is that someone who lives in the area somebody

1:31:15Who maybe regularly walks in the area. During those times they saw somebody suspicious or out of the ordinary to contact us, we're also asking people who live in that region of town to contact us. Us.

1:31:23If they have video surveillance systems that they reviewed and found anything on them.

1:31:33So we have talked with some people who had cameras now that the people with cameras that we talked to, we haven't been able to get footage from them.

1:31:39That shows us the person we think might be responsible for the crime.

1:31:40Unfortunately, but that is, some people can do to help us try to solve that crime.

1:31:43There aren't a ton of leads at the moment, so we really are hoping that somebody from the public is gonna come up with something.

1:31:53The other thing I would say, just thinking about, hey, crimes in general I am a big proponent of people getting video cameras on their homes.

1:31:57I personally have one now in my mind is to keep package thieves or burglars from breaking in my house.

1:32:06I never thought, you know. Get a camera to identify somebody who did a hate crime on one of my neighbors, although camera could certainly help with that.

1:32:16So for people out there that are so inclined. Consider getting a camera on your home.

1:32:21It does help with things like package stuff, and I'll just say Al Cerrito has the highest property crime rate in accounting lot of reasons for that one is our big shopping district and this is where people go when they need things we have the plaza.

1:32:36Right there. So the things we can do is residents to help deter people from stealing things from not only us what our neighbors are really important, and you never know you might catch a suspect and a hate crime on your camera too

1:32:50Thank you for your hard work. Appreciate who's next.

1:32:55Thank you, Mayor, and thank you, chief, for the report.

1:32:59It's really helpful. Just kind of getting a summary of what happened.

1:33:02I was wondering if you know you could just maybe tell us what we can do differently to attract and retain the kinds of police officers that we like.

1:33:12We deserve, and we are used to college educated, multilingual diverse women, lots of different people.

1:33:23How do we get these people to know who we are and come here?

1:33:26And how do we make it attractive for them to to to work in Al Cerrito?

1:33:31Well, I think that the first thing to focus on is retaining the people we have, because we have people with those characters, and if we can keep them here, then they're going to get more people that are like them to come so job number one is keep in the cops that we have and even though

1:33:51hiring is hard right now. We're still getting great candidates.

1:33:55So it's it's just harder to find them.

1:33:56But there's still great cannas out there, so the cops we're hiring are no less qualified than the cops we hired before the pandemic we just had to search for them extra heart so we're still getting really great candidates candidates with language.

1:34:08Skills candidates with masters degrees. But we want to keep on once they're here, because they'll attract more.

1:34:19And I think, finding ways that we can make Al Cerrito a place where people want to work for the long term is really the important piece that we need to connect on.

1:34:29Okay? And is there any possibility that we will get our bike police back to auditor the freeway?

1:34:38That is a possibility, but I have to get more than 3 people on at a time.

1:34:43So right now we we really have kind of skeleton crews operating out there.

1:34:48A lot of our shifts are sergeant and 2.

1:34:49Officers, and we need all those cars to be able to respond to priority.

1:34:55One calls. Once once we start getting patrol kind of replenish back to normal strength.

1:35:01Then we can start putting people out on bikes and refocusing that way.

1:35:05Yeah, we have to get out of, you know. Base level staffing to get to the point where we can really get that.

1:35:09Thank you. Council Member. Right. I was also gonna ask a question about the Green Way, but it was answered, because I know that's one thing that we get a lot as Council members is concerned from the public around crime out around the green way yeah, and you know we so some of the and I know, there wasn't

1:35:30A question yet, but I have been hearing the feedback about people on electric bicycles on the Greenway, and I have to say you know I'm torn because we it is nice that people are using a greener mode of transportation but they certainly do go at faster.

1:35:46Speeds. So I'm not. Saying this is account council priority.

1:35:50Obviously you're gonna say your priorities in the New Year, but we may want to look at, you know, adding additional signage to the Green Way.

1:35:56You know, giving people guidance on how fast they should be going.

1:35:57So that is, that's something that's certainly on our radar that we may want to be considering as a city soon.

1:36:04That you. Know it's fine to use Green on your electric bike once you keep it under 15, you know, under 15 miles per hour, and maybe not up at 30 miles an hour.

1:36:13Thank you for that. I appreciate it. I I even myself.

1:36:16I was walking on the Greenway with my daughter, and there was someone probably going 30 miles an hour or more and we were pedestrians, and they just went really close to hitting.

1:36:26Us. So I I personally experienced that. So I have a question about the larceny trend since we're in November 2222 do we have a sense if that uptick is continuing to uptick with the 20

1:36:3922 numbers by. Is it a significant, steep, it's not an increase in lar snake, because I see it kind of peaked in 2017.

1:36:53No, it's it's basically going back to kind of our 27 through 2019 numbers.

1:37:03The larceny category. Yes, burglaries are still remaining lower, because people are still staying at home.

1:37:11I think, and you briefly mentioned with larceny.

1:37:12Are those charges that are brought by the store owners if they experience larceny?

1:37:20Or is that something that officers? If they, if they get a call of it, is it the call the officer for larceny?

1:37:21Or is it the call for, or from the property owner or the store owner?

1:37:31So that is typically the the victim of a theft will call us on those so it's not an officer kind of self dispatching, but we'll receive a call that somebody has shoplifted and then we'll respond and investigate.

1:37:44From that. Now people can also self report larceny, online but all of these are associated with somebody making a a police report about it.

1:37:53And Larseny is one of those crimes, is a very reactive crime.

1:37:56So it's hard for a police officer to just see larceny happening.

1:38:00Almost every time. If we've got an arrest for Larsen's, because somebody calls us and said that person is responsible for stealing Xy or Z.

1:38:07For me. So the actual charges themselves. So if they're indeed arrested for it, because I know that that's one of the challenges that I hear in the community is that people are committing petty, crime and then they're just essentially walking out is it treated like a gift if someone is stealing a

1:38:23package or stealing from a store, and then walk right out, and you know what are the repercussions, and if that's the challenge, so yes, people often don't face immediate repercussions.

1:38:36When they're caught stealing. So there are guidelines, for when we can take people out to county jail and heidi theft is not one of those times.

1:38:46County jail will reject them and not accept them. And then we're simply transporting somebody out to Martinez and then leaving them on the street to Martinez, which isn't the right thing to do either.

1:38:54So when we when we respond to a call where we've got the person who's accused of doing the theft there we will issue them a court date will identify them issue them a court date if we can identify them in the field we'll give them.

1:39:04A citation in the field with their courts. 8, we can identify them in the field.

1:39:10We bring them back to the police department and fingerprint them.

1:39:12But they're released generally that day with a ticket in a court date.

1:39:15Now, if the district attorney follows zoom files, charges, then they will see some repercussions down the road.

1:39:22If the district attorney does not decide to file charges based on the their filing criteria, then it is true the person will see you know little to no repercussion for getting detained and arrested that day thank you and then once you brought up you brought a 3 and we mentioned it

1:39:40I think, in another council meeting but the a 3 program one the Cal cities, Helen Putnam, award for intergovernmental collaborations that included the city of El Cerrito included El Cerrito Pd so I want to Highlight that it.

1:39:54Is an oward winning program that we're a part of

1:40:06We just weren't necessarily in the you know the top role at San Pablo, our neighbor.

1:40:07They have the people, and they had a person that really helped guide that police response and and really I don't think the program would have come together, if not for you know some of that pioneering work but don't worry I was there making sure that yes, we're doing good.

1:40:21So I I'm very proud to be a part of you know.

1:40:27If that were that change in response and the change in how we do business.

1:40:28It's gonna have a tremendous impact on our community.

1:40:36So many elements, converging right now in public safety, where we are in 2022.

1:40:40So I appreciate that else Rito Pd.

1:40:41Is trying its absolute best to make sure that we are at the forefront of public safety in a way that's responsive understanding, and sees the whole person and understands that a lot of these issues are not so black and white so thank you.

1:40:55Appreciate it. Thank you. Okay. I'm gonna check in with Council Member Abelson.

1:40:59Do you have any questions for our

1:41:01Yes, I remember how it was when we began the program where police officers, basically their hold.

1:41:17They reside as well in particular else Cerito High is the one I'm thinking of, and I remember the way it was the year before when there was a lot of violence going on at the school and I remember how after let's say, a year or so there is an amazing improvement took a

1:41:46While because people had to kind of learn the new ways. So that's all to say. I'm a proponent of having officers at school schools all all the time, and I think it's what I also remember is

1:42:11The there was a real friendliness that existed between the officers and the students.

1:42:21They they were, they became good friends. The officers knew the students by name, and one time I was giving a lecture in one of the classrooms and officer came in, and he was making sure that I called on all the kids as opposed to just sort of the same one who kept raising their hand.

1:42:47Or something. So he it's like they had become integrated into the essential fabric of what was going on.

1:42:59So you know it's real interesting to me that you suggest that we that you know

1:43:09Is. I thought you suggested really, that maybe we could just pay for the school officer, but it would be a police officer, and

1:43:27What I'm wanting to know is that if if the City Council did that

1:43:36Are you suggesting that other things not be done in the police department?

1:43:42Or are you suggesting that we magically come up with funds to do that

1:43:51That is a great question that I hope to. We are better able to answer as we approach budget season next year.

1:43:58But we do have some internal discussions that have around kind of how we roll officers out for patrol, and where we wanna allocate our policing effort so for some of us we're seeing the benefit that having a school resource officer or a youth officer that has school resource officer

1:44:20duties could have for the city. And so that's one of the things we're asking is: would this be a more valuable use of our officer over perhaps, something else

1:44:30So what? So what you're

1:44:31And if it means an additional position or a reallocation of a position, that's what we still have to put our brain power behind and come up with something to recommend a council

1:44:44Okay? So it could be either, or is your

1:44:48Yes.

1:44:49Is your answer, but I do remember the improvements that went on in the years that I'm talking about.

1:44:59It began as a period. This is for school resource officers where there was a lot of violence, outsiders, other students from other schools.

1:45:13We're coming in and beeping up El Cerrito.

1:45:18High students sending them in some cases to the hospital, and I and I do remember that there was a transition necessary, and I do remember

1:45:37How nice it was to see an environment where students would sign their yearbook on top of the place car

1:45:47Because they felt comfortable with it. That, too. Me said we had come a long way, so any I just wanted to say that

1:46:01I agree

1:46:02Because

1:46:05Thank you.

1:46:06Thank you. Thank you. Council Member Abelson. I I just have a couple of questions.

1:46:10I know that the Federal Government has allocated a lot of money for public safety.

1:46:20What is on your wish list to to apply for grants for for what well, going back to an Apr.

1:46:31Camera system. One of the big drawbacks we have in addressing retail theft is really the speed with which people can get away, and also the organized nature of modern retail crime.

1:46:42So groups of people will travel. They'll hit a city.

1:46:45They'll go and stash the things that they stole, and then they'll hit the next city.

1:46:49So being able to better integrate with our neighboring cities, with something like a license plate reader, camera which can give us quick information that leads us to a car that we can hopefully connect to a person would really help us in starting to make an impact on retail crime.

1:47:04It would also help us with things like vehicle thefts where it'll give us real time notifications.

1:47:10If we have a stone vehicle in town, so that is a tool, and I know that there is potentially Federal funding out there for it that we're trying to look into with the company.

1:47:21We can consult. We contracted with for Grant rioting, so we are looking at some funny possibilities out there.

1:47:27I would say a school resource. Officers are probably, or youth oriented.

1:47:31Officers are probably the next category, an officer that really can help make an impact can help really increase the relationship.

1:47:40We have with public defender's office and getting kids hurt it out of you know we get a call on a kit and we go to the call, finding alternate solutions for how to address a use behavior other than going into the criminal justice system so being that frontline person that can say, let's get public

1:47:59Defenders office involved. Let's see what kind of resources they can bring to the table finding funding in those 2 areas.

1:48:04I think for me would be my priority. Okay, I'm reminded the way Sam Pablo used to be from one of the most dangerous cities in the whole State of California, and the chop shot that David they would all the stolen car parts would be there and you you would see him in the newspapers.

1:48:22For sale, and and because of the license plate readers, they have changed and turned that city around to be one of the safest cities.

1:48:31So I definitely support the use of tech to make our residents safer, and to make our police officers safety is as well and so definitely supporting that and whatever we can do to get

1:48:51I also think we need to. Really, you know, address the big crime impact in our community, which is theft.

1:48:57It's not only that from our system that increase cause our prices to increase, but it's that's from our neighborhoods, too.

1:49:03It's that's the people's cars.

1:49:04Maybe that's their only mode of transportation.

1:49:06It's that so parts off people's cars.

1:49:09Now licensed by reader cameras. They aren't like, you know, the magic wand you can just wave and sure and solve all crime, but they can help develop leads that we can realistically.

1:49:19Follow up on and hopefully get some resolution absolutely okay.

1:49:23Well, thank you very much. I wanted to check with the City clerk.

1:49:28Do we have anyone that would like to speak on this map

1:49:32You do not have any cards, and I do have one hand or remote speakers really quick

1:49:51Okay. Carolyn Weissinger, you are unmuted and can begin your time.

1:49:52Now

1:49:57Thank you so much. City clerk. Thank you. Mayor Canto mayor Protein, Motiama, and all of the calendars I want to first give an unofficial thank you to the city Sins of El Cerrito for a prospectively electing me

1:50:10To the city council, I look forward to serving you. I want to thank cheap for such a great presentation, and and really letting us know about the thing that are going on in the department, but also some of the changes that are coming that will you know help our community.

1:50:28I was very interested in the update on the the license plate.

1:50:32Readers and the traffic enforcement Division, and I I definitely support those and I understand both the pros and the cause of those. And I.

1:50:39So I look forward to working with the chief and the police department to making sure that while we're bringing that into our city to keep it safe for that, we're making sure that it's in an equitable process I have heard from community members their concerns about the numbers of people who are being pulled

1:50:53Over in our community, and I'm affirmed Believer, that you know we're never going to win the battle.

1:50:59I'm making everyone happy when it comes to public safety.

1:51:00But as long as we're putting the checks and balances into at least say these are the things that we're doing to be safe and also making sure that no one is filling affected and marginalized, I think that's very important.

1:51:07And that does directly. Go into also what she said. I'm happy to hear that he's open to having a police accountability commission, and I do with look forward to finding out if it's something that can be folded into our crime prevention committee I am having an active participant or an active observer of our

1:51:27crime, prevention, commission and they do a little bit more work as far as figuring out what we as community members can do to work with the police department and could make it a community safer, and that's a little bit different than what a police accountability commission does so we have to decide is that something that we with

1:51:46the Commission's blessing. Once you kind of tag on to what they do in the Commission, or create a separate committee that actually goes in and actually receives those complaints from our community members, and actually does the research and comes back to the police with our own recommendations and resolutions so

1:52:01I'm just excited to hear the the the updates from the police like I said.

1:52:20Thank you. That does conclude a request to speak thank you very much.

1:52:24So any other comments, last comments, questions.

1:52:30To keep. Thank you so much for this great presentation.

1:52:31Appreciate it. Thank you. Okay. Next, we have a public hearing on the San Pablo Avenue specific plan update, and we have son boss here as well as Melanie nuts.

1:52:49We just need a moment. They are remote, and are coming up

1:53:01For sure.

1:53:19Great good evening, Mayor, Council members, I'm Sean Moss.

1:53:24You're planning manager. I'm here to present to you tonight.

1:53:26All about our efforts on the San Pablo Avenue specific plan update.

1:53:34So I will. I'm gonna get the presentation going here.

1:53:39I will hand things over to Melanie mints.

1:53:40Our Community Development director to give a a portion of the presentation with us tonight also is Chris Dugan from our the city's consultant Mit to talk about the supplemental environmental impact report that is related to this effort we also have Mccull Mahatra

1:54:03from Mit and Ray Pendro from Mit, who are also available for a assistance if we need them.

1:54:11So let me get the presentation going. Here, let's see

1:54:32Hi! Good evening. City Council! Can you hear me

1:54:36Okay. Yes, we can.

1:54:38So my name is Melanie Menson. In the city's Community Development Director, and I like Sean I'm pleased to be here tonight to present the San Pablo avenue specific plan update it's kind of incredible to think about when we first started this update which

1:54:52was in 2,019, and Sean will get into more detail.

1:54:56And just to imagine all that's transpired.

1:55:00Of course, since that time on this cover slide well, also, I'd like to.

1:55:07Just before I start. Really thank Shawn for all the work he's done on this in this time.

1:55:12In the past few years, as we've been working on this, he's not only been updating this document, which has been a tremendous lift, but has also been managing day to day opera in the planning division also with short Staff we've also had a have not been able

1:55:29To fill a position, and so I just want to really really give big gratitude to Sean for all of his work on this.

1:55:36I also like the the the pictures on the bottom of this are fun to look at right San Pablo have new changes.

1:55:41Every block goes through changes, and sometimes there's times of up and down depending on what's happening on a particular property.

1:55:51So, of course, the bottom slide on the right has a lot of the elements that we'd love to see bike racks landscaping activity.

1:55:54Theredo Theater. Good design, so that's the the bottom right really represents our goal.

1:56:05Next slide please

1:56:14Having trouble advancing the slides for some reason. Give me just a second. There we go

1:56:21Get to the next slide

1:56:25So today I'm going to quickly go over some of the background envision, just to bring us all on the same page of what we were aiming for when we first brought this specific plan to you in 2,014 i'm gonna give you just a quick overview of implementation

1:56:40The progress that we've seen in those in suing 8 years.

1:56:46Sean is then done to present the details of the update and we're gonna pass it on to our consultants.

1:56:51Mit to present the findings of the supplemental Ir will come back to me for just a quick look at some of the issues we're facing right now and then discussion question and answering your action and your action tonight in terms of the that's okay, i'm in terms of

1:57:09Mig. I'd also like to just mention that they've been with us for a long time as well.

1:57:14They started with the city in 1,999, with our general plan.

1:57:15So really the beginning of really looking at San Pablo Avenue as a place of change, and they were played a huge role in the 2,014 plan where they helped us.

1:57:26Really formulate this plan that's been a a great success, although, of course things don't change as fast as we want, and so I'm just really happy to again have them on our team.

1:57:37we have been for a while, which is, Imagine San Pablo Avenue as a Grand boulevard stretching from Oakland to Hercules with jewels of pedestrian friendly and family-friendly mixed use urban and distinctive

1:57:52Neighborhoods along the way. The San Pablo avenue of the future will include a diverse range of housing business service recreational I'd like to add entertainment educational transportation, and civic opportunities with distinct nodes of activity in each City connected by an attractive

1:58:08was by Lonnie Hancock when she was our State Assembly person, and during that time she was actually her offices were in the second floor above trader joe's so she was very very local and you know

1:58:22I'll also read those very unique on San Pablo Avenue, and that it really is our only commercial corridor as opposed to a place like Berkeley or Oakland that might have other I think getting out to Panel and Hercules it becomes important again so

1:58:34Again kind of around that same time when she was stayed at Assembly Person, the city really started to work on San Pablo Avenue.

1:58:42Times were. You know the the avenue, as you all know.

1:58:43I know my grandparents use the avenue to get out of I grew up in Oakland, but to to to get out up to Sacramento stop at the gas stations there were motels.

1:58:49It was a real auto oriented corridor and transforming an auto-oriented corridor.

1:58:58Is not the same as, for example, rebuilding a downtown where there was already a downtown like Heelsburg, for example, so trying to create a place on something that was really built for as a thoroughfare is a challenge that we that we're all

1:59:11Embracing and seeing some successes, when, as you can tell, with both Alameda County and Contra Costa County, the attention on San Pablo Avenue is increasing so one of our very first, moves and I think Janet you were on around and maybe even on Council at this point but one of the

1:59:29Same really big first moves was to accept the sidewalks in 2,005.

1:59:35We went to the California Transportation Commission to get all of the sidewalks turned over to the city.

1:59:40They were part of the State highway as the roadway itself is all the way up to cutting, and the reason that we do this is for the Cerrito theater.

1:59:48I don't know if everybody knows, but the California vehicle code was not supportive of a marquee or the ticket booth being on the avenue, and so wasn't going to be able to permit it so the city had the option of either, taking back just that block or going

2:00:01Ahead, and taking all of the sidewalks back which would permitted, for example, the signage that you see on the avenue now would not have been permitted in the vehicle, code, and really just started to open up more possibilities on our sidewalks on both sides of the

2:00:15Street, even though, as you all know, Richmond properties do about the sidewalk on the western side.

2:00:22So at that same time, of course, the Cerrito Theater Rialto Cerrito was was built, was the community members got very involved in in in that effort, and I think it's continues to be a great success, and as we see a Lot of movie theers shutting in Berkeley It's even becoming a

2:00:39more important amenity. City Hall. Similarly a fun story that the previous city manager I remember him telling was that when Trader Joe's came to town they asked why they would come to this town if we were still in trailers and so I know that you all as a city council and the city council at the time really decided

2:00:59to invest in in this building that we all said today, and really giving a strong civic presence.

2:01:04Some of you might remember also, and maybe now looking forward, we'll start to use the plaza again.

2:01:11But we've had lots of fun events when City Hall first opened Art Day and different events on on Manila and the Plaza.

2:01:18I'm Backster Creek was taken and you can see the top left corner picture was also done at this time, so it was really bringing a park onto the avenue, and since that time a bike activated signal has been put in there mid-block crossing.

2:01:35And then in 2,011. It's funny this fades away now, but at the time it was really a a big transformation along the entire avenue and I remember City Council including again Council Member Abelson, saying you know the whole Avenue is our front is our front door you know should we focus

2:01:53On the south end, the north end. Where should we focus? And it was really seen that the whole avenue really needed some updating.

2:02:00And so at that time we got several grants totaling about 5 or 5 5 6 million dollars with 3 grants, which doesn't sound like a lot now.

2:02:09But then it was a lot, and we put in quite a few new crosswalks.

2:02:13We installed bike racks where there were no bike racks up and down the avenue before we changed all of the street lights to led lights which saved the city quite a bit in utility bills and created a better light source and we planted over 300

2:02:28trees with irrigation. We converted the Medians also saving a lot of water.

2:02:29They were grass. We put in the seasonal plantings and planted trees.

2:02:36We put in bus benches, dual stream containers, and we also installed more signage so those are some of the things that happened 10 years ago, and we're looking forward now to this there's been other sidewalk enhancements during that time.

2:02:47And other efforts, but real big efforts that you've heard our public works director Yvette Ortiz, talk about is the Del Norte complete streets project which is coming up so that'll, be a really, major effort up on the north end to improve circulation and multimodal travel

2:03:07For bikes, peds, buses, and vehicles.

2:03:10Next slide please

2:03:13So Samantha, have a specific plan. I have here at the center since we're here for that tonight, but it really interacts with very strongly with all of these other plans.

2:03:17It both is supported by these plans and supports.

2:03:25These plans, so the we'll go more into these.

2:03:29But you can see the climate, action plan. I have 2,013 up there, but, as you know, it will also be updated in 2,023 the general plan the housing.

2:03:38Element, the economic development action plan, the urban greening plan and the active transportation plan, and I'll get all into these a few more, and then next slides

2:03:48So in 1999, the the the general plan.

2:03:51I identified San Pablo avenues, the type of development that was on sa Pablo Avenue kind of the big box big parking lot as unattractive and not pedestrian friendly and most of us won't argue about that some of them are doing

2:04:04Really well. And so I think the Saint Pebble Avenue has an incredible mix, and when I go by 24 h fitness you can see 24 fitnesses.

2:04:12Parking lot is full, and a gym like that having a big parking lot is helpful.

2:04:16So there's some things about the pace of change being slow that really allows for a good mixture the housing element which we're required to do as an element in the general.

2:04:23Plan, every 7 years.

2:04:30In 2,007 2,014. It really speaks to the importance of these these kind of planning efforts that a housing element called for streamlining to support more dense development of course as you know in 2,014 we actually did do that Council adopted the San Pablo out in a

2:04:47specific plan which aimed to streamline development in 2,015 to 2,020.

2:04:512 our housing element relied on our form based code and the eir to streamline development.

2:04:58We can talk more about that. But those 2 elements together, especially both the program.

2:05:00Er was a very unique tool to bring to the effort to make a to really open up development.

2:05:10While still having very aspirational standards in terms of design and quality of life.

2:05:16That's that element also call for adopting inclusionary zoning, which Council did, and that specific plan, and that housing that resulted from that housing element has put the city on track for to meet its regional housing needs allocation and as you all know we are currently one of

2:05:3238 cities across the state that enjoy that.

2:05:38Yeah. Designation, although you'll hear later tonight with a lot of the State laws.

2:05:39It's not as helpful it's it's impressive, but not as helpful as it could.

2:05:48As it and our next housing element which you guys will be again brought to adopt soon, and have seen the draft, are the specific plan provides 92% of the new regional housing now needs allocation.

2:06:01So it's about 2,800 units that we've been assigned, and as you you'll hear tonight, 2,500 units of those are identified to be in the specific plan area in terms of the climate action plan the main main main intersection of course, there's many in terms

2:06:17of the built environment but a key component of the climate Action plan which was adopted in 2,013 the year before.

2:06:25The specific plan was that in order to meet our greenhouse gas emissions, reductions, goals, the we needed to encourage compact higher density in fill development near transportation, encourage more pedestrian friendly economic activity, and invest in viking and walking transit infrastructure, so

2:06:46All these things were very much it's fun to kind of reflect back to 2,01314.

2:06:51It was a big deal when the specific plan was going to promote lower parking and increased height, and so, having all of these documents really support council in the city in doing this, was it was really important at the time next slide please

2:07:10I'm importantly, though this strategic plan again looked at to in order for the city to achieve long term financial sustainability the specific plan was going to attract and maximize opportunities for new and expanding businesses and this was both by bringing a lot more density to saint pebble avenue you can see

2:07:28The big kind of parking lots without density. Don't bring a lot of customers, even when cars can come, so bringing new customers that could walk easily or just really identify with the local businesses as well as creating opportunities for new businesses in new commercial spaces or new more modern commercial spaces one of the

2:07:46Challenges on the avenue is a lot of our buildings were built in the Seventys, and a lot of them kind of weren't built for the ages.

2:07:52Let's say, deepening a sense of placing community was a part of the specific strategic plan.

2:07:59Goals, and fostering environmental sustainability citywide.

2:08:03And again, through the types of land used changes that the specific plan allows.

2:08:07Next slide please

2:08:11But importantly, our own. In addition to meeting, housing and meeting different regional goals.

2:08:16The economic development action plan really also had identified that going after Big Box stores or looking for office or something was not really the the the city's trajectory that creating a consistent vision with a transition to an urban lifestyle was going to be key to us being able to have a

2:08:35Vibrant commercial districts, and this slide's pretty fun, because it shows at the top.

2:08:42These are projects that you haven't seen yet, or some of them, too.

2:08:46The top picture is the picture at San Pablo Avenue and Petrero, and this is an approved beer garden and restaurant.

2:08:54The second picture is at 6,501 Fairmont at the corner of Liberty, and it also Kitty Corner from Starbucks, has a great new commercial space as well as what will be when it's built the first kind of Parklet centennial Park with

2:09:08Facilitated in part by the specific plan and developer contributions, and really as an example of what the urban greeting plan called for, which is more strategic open spaces and reutilizing existing of open spaces increasing the amenities on those spaces so they can

2:09:25Be better utilized and better utilized by people living and moving around without cars.

2:09:31And then the final picture. Let's go backwards.

2:09:35One is the new muse. If you haven't gotten to walk through yet.

2:09:38But at Mayfair there's a mid-block cut through, and it really is quite lovely, and we have some tour setup coming up for design review board and planning commission and I encourage folks to go take a tour and of of that new building which is just beginning to lease up next slide please

2:09:58So as you all know, the key, the specific plan in 2,014, in order to respond to what we were hearing about economic feasibility, the city had not seen much development along San Pablo Avenue in really 2 decades prior to the specific plan except for the village town center so it allowed for

2:10:18an increase in height by right 5 to 6, 30, and so rather going to to 65 and 70 feet, was 55, and 65 feet was allowed as long as certain conditions were met in terms of shadow and daylight plan which sean will get more into that

2:10:37reduced parking requirements by right, as well down to a half a parking space within a half a mile of Bart, and a parking space per unit in midtown and it allowed ground.

2:10:47Floor residential, and this was important also the whole. Alongside Pablo Avenue, prior to the specific plan ground floor commercial was allowed was required in all buildings and our consultants and economic analysts all talked about that being just too much commercial and it really led to the kind of

2:11:04Strip development that we see and so really encouraged us to only require.

2:11:06Ground, floor commercial in nodes which John will talk more about, but to allow ground floor residential, really emphasizing both what the market supported which was residence and bringing new patrons.

2:11:20We still allow commercial everywhere, but only require it in some places so in terms of quality life, of life and design, the specific plan introduced a form based code and complete street plan.

2:11:31It included built upon the 1% for art.

2:11:36So we already had a 1% for art ordinance.

2:11:39But the specific plan projects are can opt to either provide that art on site or to pay into the city's public art fund.

2:11:47It has really ambitious, private, and public open space requirements which we're beginning to see.

2:11:48Come come into being, frontage improvements, when a project builds it builds wider sidewalks.

2:11:54It includes often rain gardens, it includes bike racks, trees, and a more modern frontage, and a frontage that will actually support implementation of complete streets.

2:12:10We also created some new impact fees. We worked with siege to be able to create a Santa Monica capacity fee to distribute the costs of sewer upgrade amongst all the new developments and we again with grant funding did a study to create a

2:12:25Transportation impact fee to help implement all of the multimodal changes envisioned in the active transportation plan and Saint Pabloven a complete streets plan and then importantly like we've talked about we implemented streamlined permitting and so the specific plan Eir the

2:12:43First, edition, the 2,014 edition created cat capacity for the first 1,706 units, and upwards of 200,000 square feet of newcomers.

2:12:54You'll hear from Sean. We started to get very close to this.

2:12:57We were within a couple of 100 units when we kicked off this specific plan, and I started to call it kind of the golden ticket.

2:13:04We had several developments, all asking who would be the one to get those last couple 100 units since that time, as we'll talk later.

2:13:12It started to change. Some of those projects have lost their entitlements, and they, the high interest rates, are really affecting demand right now.

2:13:20Similarly we did the specific plan update because we needed capacity for the Bart development.

2:13:22Turns out, state, law provides a sequel. Exemption on barbar properties, but we still need to evaluate the Qmu.

2:13:35Impact so I'm gonna just walk through. I think that works.

2:13:38I'm a couple of other things. We created. Object. Yeah, go ahead back, Sean Beck.

2:13:43We also created objective design standards responding really to Shoretz, that we handed with the development community about why they weren't developing here, and one of it was they just said it was hard and there wasn't enough certainty in the process we removed a requirement for use.

2:13:58Permit, for example, for food uses and restaurants. Those were allowed by right also to just make it simpler for small businesses to locate on San Pablo Avenue.

2:14:07And we created an administrative review process rather than needing to go to the design review board and take the extra time and materials required to approve minor improvements like facade improvements and signage

2:14:22So I'm just gonna quickly kind of share with you all that's happened.

2:14:26Some of it you can see on the avenue, and some of it you still can't see, because it wasn't built.

2:14:29So it's been a busy 6 to 8 years as projects as developers and landowners really responded to the specific plan.

2:14:39So a lot of properties changed hands, and when that happens now, of course it with the real property transport tax.

2:14:46The city is is a party to that, and receives benefit from that.

2:14:50Even when that happens, but not everything's been built.

2:14:54So I'm just gonna kind of walk through what has happened and where everything's at so 18 units.

2:15:01We're entitled. I forgot the total square foot of commercial.

2:15:05I think if you include the hotel to about 90,000.

2:15:08Square feet total, but the number of units that were entitled were one or a little over 1,000, and that difference from that 17 O.

2:15:176 number in part because some of the projects, some of those numbers in the Eeir included Hannah Gardens, Metro 500 and and Aloni Gardens, none of which had been when we were doing the AR so we needed to count those even though they were not actually entitled by

2:15:32The specific plan, so constructed. I have 3 projects here.

2:15:34A fourth one is next to high tech audio, a small project, but you can see these renderings and actual pictures, so 4 projects were constructed to date, including credence.

2:15:44The condominiums, Mayfair 156 units of market rate development and Cerrito vista up across from the the fire station.

2:16:00You guys might see some construction happening at Cerrito Vista, and that is because they are converting their ground floor commercial to live work the construction phase.

2:16:11This one is this moment that we're in right now next. Slide, please

2:16:17So all of these projects are and what's kind of.

2:16:21I'm calling the pre-construction phase.

2:16:23So the top 3, which is 102 9 is right across from Cravens at Eureka.

2:16:30One, O 9, 1 9 is across from the fire station Kitty Corner from City Hall.

2:16:36Where Marty's motors was, and of course the hotel is at cutting those 3 projects are all ready to pull their permits and high interest rates are not helping them do that at this moment.

2:16:51But those projects have all been entitled, and then the bottom 3 are all preparing to submit for their building.

2:16:56Permit, may fair affordable, is planning on submitting in this building code cycle before December.

2:17:036, 1, 1 5 petrol, and which is an L-shaped project that's also on San Pablo Avenue with the beer, garden and brooery is aiming to submit for their building permit in the first quarter of of the year and of the

2:17:19Calendar year and 6, 5, 5, one fair, one I've shared is also planning to submit for their building permit any day.

2:17:28So one of the things that's interesting is, for we're built, and if all 6 of these get built of the 18, that's a really high high percentage when I've talked to people who do development in different cities or people who've been involved in el cerrito for a

2:17:44long time. You have to have a lot of eggs in your basket.

2:17:47Not every entitled project gets built, city attorney Woodruff and I were speaking later earlier today, and there's tens of thousands of entitled Units in San Francisco and Berkeley that haven't been built I just Learned today.

2:17:58Actually that in Berkeley their process doesn't expire.

2:18:03Entitlements, which is kind of this legacy.

2:18:06That they haven't been able to address yet. So if all 10 of them get built we will have a a lot happening on the avenue 6 or right now, still pending.

2:18:166 more, we're entitled and are kind of in an inactive stage.

2:18:21Those other 6 that we showed on the previous slide are all active or in communication with them regularly.

2:18:27On this slide, the one on the top left one O 1, 9, 2, which is at Lincoln where Rob's auto was, is re entitling their project and so we have an application for that one in and the others we're, in touch with but nobody has made any

2:18:45Moves yet to develop those projects next slide, and the only 2 that we that are not moving forward at this time is an infill project at the village of town center at Schmidt, in San Francisco.

2:19:03And as we all know, the the building which we were very excited about that was going to create a connection to the Green Way and kind of an art walk, he tried twice to change it, and make it work, but the pandemic really just made him see that things had changed and so harbor Freight I'm

2:19:21Happy to report is doing very well. Their sales are strong.

2:19:24So luckily that didn't sit vacant and just got repurposed

2:19:30So so with that history kind of just giving you a quick status.

2:19:33I'm gonna pass it on to Shawn. Who's gonna show you how this kinda the time line of this and really dig into the the details.

2:19:34Can you

2:19:41So sean.

2:19:42so this: yeah, this slide just shows a little bit of what you know what Melanie is was talking about in our with our entitled projects.

2:19:43This kind of shows our our trajectory so starting, you know that 2,015 was the first year.

2:19:44The specific time was adopted at the end of 2,014.

2:19:45So twenty-foot 15 was the first year that we approved any units or commercial square footage.

2:19:46Any projects pursuant to the specific plan. So that year we just approved 5 units.

2:19:47That was the the small Chinquet Tara project that Melanie mentioned that project also had a small commercial component so that's that's what you see here from there things ramped up pretty quickly so then the next year.

2:19:48We entitled 63 Units going, and then, you know, in by 2,017 we were into the 2 hundreds, and you know, 534 units and 2019 and then things started, cooling off you know as you might expect in 24,021 2,020

2:19:492 22, not 29 was really a banner year, so you'll see also a huge amount of commercial square footage that includes the Hampton in Hotel that Melanie mentioned so you know I I I could have said here you know that this amount of square footage

2:19:50Includes 124 hotel rooms.

2:19:51That's why it's so large. But you know that was also our largest year, as far as housing units entitled, and the hotel project it it really was it was a banner year, for us the oh, the other thing I wanted to mention is this slide. Does.

2:19:52Th. There are some units that are double counted in this slide.

2:19:53So, for example, the the bridge, housing affordable, housing component of the Mayfair project got re entitled with it with a couple of extra units modifying the ground floor.

2:19:54So we we've we've double counted those those units, the 67 units in the bridge project, because I what I what I wanted you to understand is, you know that's we did entitle those units. Again.

2:19:55You know so it was. It was worth that the planning division was was hard at work doing, and so I wanted to to capture it.

2:19:56Here, as well

2:19:57So some background of as Melanie said this, the specific plan was adopted, in in 2,014.

2:19:58I think, as she noted a Council member. Abelson is the the only council member that was on the Council.

2:19:59Then and is is still on the council. So I think that's you know.

2:20:00I just wanted to give a nod to Janet that I'm you know Janet, I'm I'm glad that you will be able to participate in the specific plan. Update.

2:22:23Thank you.

2:22:24As well. I think it really, you know kind of solidifies your your legacy on the account.

2:22:25So when the specific plan was adopted, the City Council certified an environmental impact report that analyzed the development capacity of 1,706 units and 243,000 square feet of commercial space and by 2020 we that you know of those units

2:22:26Over 1,500 had been entitled, as Melanie said, not all of them were in the specific plan, area, but they were counted towards the units that were analyzed in the er so a supplemental environmental impact report was needed to increase the the the development.

2:22:27Capacity, so that we could continue the success of the specific plan at that time.

2:22:28This plan update is really incremental. We we could have actually chosen to not do a plan update at all, and and just update the the just create a supplementally I environmental impact report that analyzed additional development capacity.

2:22:29But not wanting to let a a good opportunity go to waste.

2:22:30We obviously have lessons learned from our 8 years of implementation of the specific plan.

2:22:31We have heard things from the community about changes that they wanted to see in the specific plan, and so we did use this opportunity to prepare a specific plan update, which I will get into the details of in just a moment

2:22:32So we kicked off this project. The specific plan update in 2019, and early, 2,000, and 19.

2:22:33We applied for and we're awarded a couple of grants which are funding this effort.

2:22:34So that's a a priority development area planning grant from the Metropolitan Transportation Commission and an Sp.

2:22:352 grant from the State that are funding this effort.

2:22:36So we held a joint. We held a we first held a joint planning commission and Designer review board study session in January, the twentieth 19 that was to review the proposed scope of the specific plan it was it was presented as a series of topic areas

2:22:37That staff had identified for further analysis in the in the specific plan update.

2:22:38These jumping ahead a little bit to the next bullet point, the City Council reviewed that scope in February of 2,019 and endorse the scope at that time did not add or subtract any of those topic areas, and so we moved forward with that scope and

2:22:39I'll get into that, I think, on the next slide back to jump.

2:22:40So, jumping around a little bit, but back to the the bullet point above.

2:22:41We next held an a another joint planning commission and design review, board, study, session in March the Twentieth 21 that was to present more detailed ideas and analysis with regard to those topic areas so we had had time to to draft some proposals maybe not detailed language

2:22:42But draft, you know. Come up with some ideas about how we wanted to move forward and put that together, and the the joint body reviewed that at that time we've also had a series a whole host of community engagement open houses, etc.

2:22:43March, 2019, July, 2019, there have been other other meetings as well and really, if you want a list of these, there's a ton of meetings, they're listed on the specific plan update website the specific plan update and the so actually what I should say is in

2:22:44In November of 2,020, we issued a notice of preparation for the supplemental Eir Chris will get into this a little bit more in his presentation, and then the specific plan that the scir was prepared and it was public the draft Sir was published in

2:22:45July, along with the a draft of the specific plan update document itself, and then a joint a joint.

2:22:46There was a joint planning commission and design review board study, session, and august of 2,022, where they reviewed that that draft provided comments to staff, and we remember we came back to the Joint but I'm sorry to just the planning Commission in

2:22:47October for their consideration, and they recommended that the City Council certified the Seir, and adopt the plan update with some amendments that I will get into later in the presentation

2:22:48So the specific plan to give you some background on the format.

2:22:49There are 4 chapters in the specific plan chapter one, the injection chapter 2.

2:22:50The form based code chapter 3 complete streets and chapter 4 infrastructure, and I will.

2:22:51I will get into these chapters in more detail in the presentation, so you'll get a better idea of what what each chapter contains.

2:22:52The specific plan the the sample, the specific plan update implements, the the general plan for the San Pablo Avenue corridor.

2:22:53As we've been doing the the 2,014 plan included a large general plan amendment that brought that make we know created the consistency between the general plan and the specific plan.

2:22:54The specific plan update is is mainly a form-based land.

2:22:55Use plan. As I said, chapter 2 is the form based code.

2:22:56So that's a code that regulates largely on building form.

2:22:57It does still regulate, land uses, but most of the development standards in that code are based on the form of buildings.

2:22:58What we want buildings to look like, what we want them, how we want users to experience those buildings, and there are complete streets and infrastructure chapters as I've said and that plan for the infrastructure that is needed along the corridor to facilitate that

2:22:59New development, so complete streets, plans for mobility, infrastructure, and the infrastructure, chapter plans for the remaining infrastructure

2:23:00Whoops. My screen just went black. Let me go back in a second.

2:28:59Hello!

2:29:00There we go, and the General Planet specific plan. Establish the framework for new development policies that are consistent with the 2 documents.

2:29:01So here is the specific plan scope that I mentioned that was reviewed and endorsed by the planning Commission the Designer reboard and the City Council in 2,019, so we wanted to evaluate Commercial land uses the daylight so I'm I'm just gonna

2:29:02highlight these briefly right now I will get into all of these topics in more detail in the coming slides.

2:29:03Commercial land uses the daylight plan and shadow standards in the specific plan.

2:29:04The tier 4 design review process which that might not the title might not mean.

2:29:05Anything to you, but I will get into it. The land use regulations.

2:29:06How certain land uses are regular. The street standards for major commercial streams, and the street standards for neighborhood streets.

2:29:07These are straight types that are in the specific plan. I'm also going to get into kind of how the specific plan is organized by types of regulations and street type is one of those types of regulations storm.

2:29:08Water infrastructure, or what's the the term that's commonly used is green infrastructure.

2:29:09But that's specifically refers to storm water infrastructure in the public right of way.

2:29:10Open space standards. So this is standards for private open spaces, public open spaces, etc.

2:29:11Parking standards and light and air exposure to new housing units

2:29:12So just real quick. These are some related efforts that are ongoing.

2:29:13So as you know, the climate, action, plan update is ongoing.

2:29:14We are also in the mets, as Melanie set of a housing element update.

2:29:15The Council has reviewed the draft and the the final housing element will be coming back to you for review as well.

2:29:16The housing element update triggers, a safety element update.

2:29:17So we will be commencing that shortly as well.

2:29:18And these all kind of tie into the specific plan update.

2:29:19As Melanie mentioned. You know, 92% of our arena is accommodated by the specific plan update.

2:29:20So the housing L. You know the the housing element update, and the specific plan update are very, very much linked in that way.

2:29:21So this is an introduction. This is not an introduction to the presentation, but this is the introduction chapter of the specific plan.

2:29:22So here, so in in these slides I'm gonna get into the the meat of the of the specific plan update itself.

2:29:23So I'll go through each chapter and explain the changes to you that were incorporated into the into the update

2:29:24So the introduction includes updates to city policy documents and state regulations.

2:29:25Since 2,014 and and as as Melanie alluded to there, there have been, so you know, Ab, 2923, which changed the zoning on the the bart station properties Sb.

2:29:263, 30 sb. 35, which are permit streamlining how's Housing production, legislation, etc., etc.

2:29:27I I could go on and on. But that's you know.

2:29:28That's just a short summary we've also updated the the goals and policies of the plan.

2:29:29So I think you know, looking at the specific plan with a a 20, a circa, 2020 lens.

2:29:30Some of the there. Were, I think, some community goals and values have shifted, and so we wanted to respect that with regard to the specific plan goals and policies.

2:29:31So this is a this is a comparison. These are the goals and policies of the 2,014 plan, and these are the goals and policies of the 2022 plan so just real quickly you know in live in san Pablo avenue.

2:29:32Sort of you know you could. You could look at also at the policies that are listed under each goal, and and get a better idea of how each goal is is what the vision for implementing each goal is but just real quickly, and live in San Pablo avenue was meant to capture strength and sense

2:29:33Of place, as well as enhance, and public, and humanize the public realm.

2:29:34We've kept in encouraged, practical, and market firm, friendly development, supporting climate action goals was was sort of alluded to before under catalyzed mode.

2:29:35Shift, but it's it's more specifically a goal of the of the specific plan now and create housing.

2:29:36That's supports a diverse population. So there previously was no goal that that specifically mentioned.

2:29:37Housing production, but that is that that was and remains a a big, you know, an important piece of adopting the specific plan and the update.

2:29:38So we wanted to make sure that that was recognized as well

2:29:39So ch. Chapter 2. The form based code. This is where the bulk of the specific plan update happens. And so I'm going to go into each of those topic areas that I previously mentioned and describe the changes that were included in the update to address each of those topic areas

2:29:40So the with regard to the the form based code, the form base code is is broken down into pieces, one of those being the admiration of the of the regulating code so that's set up the all of the procedures for the specific plan and we have included changes with regard to the

2:29:41design, review process. A lot of those changes are to clarify things in the platform process to clarify the roles of the Planning commission and the Designer Review board and the respective findings that are required for approval we've also included a public meeting process so that is a an

2:29:42advanced process that applicants of larger projects would be required to conduct, and the applicant would host an early public meeting on or near the project site staff would would kind of play a minimal role staff would help assist set up the meeting might attend the meeting to observe but it really is the applicants.

2:29:43Meeting to present the project, or early on, and allow an early forum for people to suggest their their ideas and their thoughts with regard to the project so they would need to applicants would need to do this as part, of their application process with the city then as i've said, also land use regulations are included

2:29:44in the administration of regulating code, and I'll get more into this land.

2:29:45Use regulation changes in a moment

2:29:46The. Then comes the the regulating plan and the development standards that is organized by transsex zones and by street type.

2:29:47These are some of those street types here, and I will get into the the changes regarding those 3 types

2:29:48Then, after that the next section is supplemental general development standards that includes standards that are that are applied that are implemented separate from the street types and the transect zones.

2:29:49So this includes shadow and daylight plan standards.

2:29:50If if you don't know a daylight plane means I'll I'll get into that in a moment.

2:29:51Frontage types, sustainable design elements, open space standards, parking standards and sign regulations

2:29:52So the regulating plan, the regulating plan creates 2 districts: transit oriented higher intensity.

2:29:53Actually 3 districts, I would say so, transit oriented higher intensity, mixed use, which are, is the er area that are?

2:29:54Is this darker kind of salmon color here that is around the city's 2 Bart stations and transit oriented mid intensity mixed use which is the yellow area in between the the the Bart stations and also there's a theater district overlay which is

2:29:55The purple blocks here, near the cerebral theater.

2:29:56That is the more a more existing walkable area of the city that warranted slightly different use standards.

2:29:57Land use standards. I will note a couple of things.

2:29:58There are a couple of changes to this map that you see here in the specific plan update that are worth mentioning.

2:29:59So one is. There's a small boundary change that is proposed for the specific plan area.

2:30:00That is right here. Everybody can see my cursor correct.

2:38:04Hmm.

2:38:05Yeah. Okay. So it's this trapezoid right?

2:38:06Here. It is a a park, an existing parking lot of the El Cerrito Plaza, Bart. Station.

2:38:07It is subject to Amy 2923.

2:38:08So it is part of the pending Elsredo Plaza Station Tod project, and that is why it is being included in the specific plan.

2:38:09It was a small, it was not included in this. In the 2414 specific plan, because it had not been part of the city's redevelopment.

2:38:10Area, and I don't know the history of why it hadn't been.

2:38:11But it's it is being included now, because, as I said, it's subject to a B 2923, so that will facilitate the the development of it.

2:38:12In addition, there were a couple of errors or inconsistencies in the 2014 specific plan adoption, so the maps that the the system Council adopted specifically with regard to the general plan amendment and the rezoning at that time did not were inconsistent with the Maps

2:38:13That were in the specific plan. So they've been brought into consistency now with the chain of this area to the higher intensity, transact zone, and this area up here with also with regard to the higher intensity transact zone

2:38:14So these are the street types that are proposed for revision in the specific plan.

2:38:15The sample, Avenue Commercial street type, major commercial Street type and neighborhood street type.

2:38:16So sam Pablo Avenue, Commercial Street and Major Commercial Street are notable.

2:38:17Street types. This map shows the location of all of the designated street types within the specific plan area, so the the street types are San Pablo Avenue Commercial Street major Commercial Street, San Pablo Avenue, Community, Street, Gateway Street Neighborhood Street, and the Aloni Greenway and

2:38:18Mid-block connection and plaza connections are are also treated as street types.

2:38:19This bike facility designation has been added along Hill Street, but the San Pablo Avenue, Commercial Street and Major commercial streets are notable.

2:38:20Street types, because that is where there is a requirement for new projects to provide 50% of their building frontage as commercial uses, and the neighborhood street type is also a little bit notable because these streets are are different scale than San Pablo Avenue, so you see San Pablo avenue here

2:38:21In blue. It's made up of of 2 different streets.

2:38:22Types. As I said, the commercial street type of community street type.

2:38:23The neighborhood streets are a lot of the cross streets, so they're they're smaller streets, you know, like the stretch of Manila right in front of City Hall, Kearney street you know these the the first blocks.

2:38:24Here, these blocks off of the Plaza of Lexington, Liberty, and Kearney.

2:38:25I think that is, you know it's streets like that.

2:38:26So they had they just have a different scale and so we wanted to respect that scale.

2:38:27We've had some feedback from the community about neighborhood street standards.

2:38:28So the commercial street type on San Pablo Avenue has also been extended.

2:38:29So, while you know the the retail market is is experiencing some contraction.

2:38:30Nationwide the development that is, that is presented by the specific plan is also going to drive.

2:38:31The need for a diverse range of business types and a new businesses.

2:38:32And so we wanted to preserve the diversity of commercial spaces alongside Pablo Avenue and provide some new opportunities.

2:38:33And so we've expanded the the Commercial Street designation in locations where it makes the most sense.

2:38:34So, for example, down here by El C Rita Plaza.

2:38:35These tend to be some of our our more successful, and and you know commercial areas, and so extending, you know also we have some projects that had been entitled here at the Mcnevin. Site.

2:38:36Those entitlements may expire and get re entitled.

2:38:37And so we wanted to make sure that commercial uses were included here in this first block off of north of Central, where they had not previously been required.

2:38:38So you know that that just sort of highlights, one opportunity.

2:38:39So this map you can see what is proposed as far as the commercial Sample Avenue Commercial street type and this highlights this text highlight, some of the expansions and also major commercial Street types, are proposed for expansion so some notable changes moser lane

2:38:40Along the these these are. There's some existing shopping centers here.

2:38:41So this is the shopping center, where the 24 h fitness is here, and this is the showping center where baskin Robinson is here so the major.

2:38:42Commercial Street type has been added to the stretch of mosure Lane as well as the stretch of Petroe, which this is the the Del Norte Plaza shopping center.

2:38:43This is the the proposed restaurant and brewery.

2:38:44O on this side. So this also is seem. It was a fitting commercial node that that we really wanted to emphasize.

2:38:45And that's why those designations have been expanded

2:38:46So one of the other Clara changes, is the clarification that 50% of the street frontages need to be commercial uses, that there this was previously required in terms of a frontage type.

2:38:47It said that 50% of the frontage needs to be a shop frontage type we wanted to be more clear about that going forward.

2:38:48So there is now language in the specific plan that says that that shop frontage needs to contain commercial or public or semi-public uses.

2:38:49So that would include, for example, a library at the Elderrito Plaza Station Tod Project.

2:38:50If one is is included there as the the applicant team is moving forward with also, we've added a requirement to require mechanical shafts to vent to the roof for those ground floor commercial spaces so that was done in I I consulted different architects that

2:38:51work on these types of spaces when crafting this regulation, we there's also a waiver.

2:38:52I'm gonna get into waivers and in a later slide.

2:38:53But there's also waiver for this. So what we were trying to do is make sure that these commercial spaces could accommodate future food service.

2:38:54Uses, restaurants, etc. But if if a developer, if an applicant for some reason is not a you know, feels that they're not able to accommodate that, then they can apply.

2:38:55For a waiver to the standard

2:38:56Major Commercial Street standards have also been refined quite a bit.

2:38:57This. There's a lot of a lot of information on this slide.

2:38:58It can all be summed up by saying that these changes were made to respect the city's existing investment in fair lower Fairmont, but in the specific plan area, and to preserve that and build upon it so we we we're trying to right size the standards with the scale

2:38:59Of Fairmont, and with the improvements that we're already installed.

2:39:00While still requiring new improvements. That would that would enhance that adjacent to new projects.

2:39:01And this, you know, was we had to work through some of these issues on the 65. O one Fairmont issue that Fairmont project, that Melanie highlighted

2:39:02As I mentioned before, a class for bike facility has been added on the south side of Hill Street, as well

2:39:03So with regard to to neighborhood streets, as I mentioned before, these are streets that have a different scale, a different field, different character than San Pablo Avenue.

2:39:04Obviously we wanted to respect the the predominantly residential character of those streets, while still allowing for transit oriented development.

2:39:05So here you can see some photos that reflect the the scale of the neighborhood streets

2:39:06So the changes that are included in the specific planner to increase the act.

2:39:07The activity zone. So that they're different zones.

2:39:08They're required in the public right of way on these street types.

2:39:09So the first being the amenity zone that's located closest to the curb.

2:39:10That's the zone where street furniture and other amenities are located trash cans, benches, street lights, things of that nature.

2:39:11Then there's the pedestrian zone.

2:39:12That's the that's the the walking area.

2:39:13That's the area that's provided for pedestrian mobility.

2:39:14And then there's the activity zone which is up up against a building, and that's area.

2:39:15That is, utilize. You know, can be utilized for outdoor.

2:39:16Seating, and also private, some private yard spaces, and things of that nature.

2:39:17So the activity zone in this along the neighborhood streets has been increased to 10 feet.

2:39:18The idea is that that neighborhood streets that that would typically accommodate ground floor, private open spaces, such as front yards and porches and and other things.

2:39:19So it's really it's meant to increase street activity, you know.

2:39:20Hopefully, these would be well used. Open spaces and folks would be, you know, using their their front yard areas.

2:39:21Their porches, their entryways, etc. And interacting with with the street in that way

2:39:22So next I'll move on to supplemental general development standards

2:39:23So this is these are the shadow and daylight plan standards in the specific plan.

2:39:24So shadow standards are just that they they dictate how far the shadow of a building can stretch at certain times of day on certain days of the year.

2:39:25So we use December twenty-first, because that is just about the longest shadows of the year.

2:39:26And 1 30, because that is, you know, that's sort of a a a time.

2:39:27In the afternoon, when you know people are are outdoors.

2:39:28On average a lot daylight playing refers to an inclined plan.

2:39:29You'll see this on the next slide refers to a an inclined plane that buildings cannot intersect.

2:39:30You'll see that on the next slide, and and I think you'll get a better picture of it.

2:39:31There. But basically in the 2,014 specific plan there was a lot of confusion about the shadow standards that were included in the plan.

2:39:32They were confusing to implement. There were some. There was language that said to be conflicting early on.

2:39:33We had different planning planners that were staff members from the city that were implementing this in different ways, and so we had to sit down and issue as zoning administrator right interpretation so that there was clarity.

2:39:34And so that everybody was implementing it in the same way.

2:39:35And so we did that. And this kind of cleanup and and clarification of the standards is based largely on that zoning administrator interpretation.

2:39:36So it you know it clarifies the the titles, the applicability of these of these shadow standards.

2:39:37So generally speaking, the shadow stands is that buildings shall not cast a shadow that falls past the curb line on the opposite side of the street.

2:39:38At 1 30 on the December, 20, first.

2:39:39Here you can see a similar standard on the Aloni Greenway

2:39:40Here you can see a similar standard on neighborhood streets.

2:39:41As I mentioned down here. This is the standard. This is a daylight plane standard now so previously there had been a shadow standard that regulated shadows cast onto adjacent residential uses that that it was it was just challenging to implement and so we've moved now

2:39:52To a daylight plane standard. And this daylight plan standard doesn't a couple of things so it the the shadow standard previously had only a applied to residential uses that were in certain directions because those are the directions that the the shadows are are predominantly cast this now applies to

2:40:10All directions. So an adjacent residential use.

2:40:11Adjacent in any direction to a project. The project would would have to pro would have to provide a daylight plan.

2:40:16So what you would do is you'd be the daylight plan at the property line if you project up to 25 feet.

2:40:26The daylight plan angles back at 45 degrees until it reaches the maximum height that's specified in the specific plan.

2:40:34So what this does is, you know, requires some of these upper floors to be stepped back away from adjacent residential uses.

2:40:39So it provides a it both provides additional light and air. Into these stepped back units, as well as providing additional light and air to the adjacent residential use

2:40:58Sustainable design elements section has been lostly revised to reference the the green, infrastructure plan, and opportunities for the green Infrastructure plan represents as well as other changes in the the landscape with regard to sustainable design elements

2:41:21And I'll I'll get into building electrification and ev charging requirements. Toward the end of my presentation.

2:41:30Open space standards, the open space map has been revised to highlight some opportunity areas where open space where the provision of onsite public open spaces and other open space types would generally be required so the the areas are the the 2 Bart stations so the El

2:41:55Cerino Plaza t station tod project proposes a high level of public open space in their site plan, and we continue to work with that team to provide some very high quality open spaces as part of that project so that is one site that's identified here as well as the Al Cerrito del

2:42:16Norte art station. So if that if that station also becomes the side of a tod development we would work with that applicant as well to include open space, public open space in that location the green dots are opportunity sites that are identified in the green infrastructure.

2:42:32Plan for green infrastructure. So those are areas where, we would ask that a project applicant identify, do an analysis of green infrastructure and the ability to provide it in those locations

2:42:49In addition, we've also included a requirement for larger projects.

2:42:50So, the idea being that a a larger project that has a a concentration of new residents, those residents are are going to walk a new recreational opportunities near them, and so when a project part when a project development site exceeds one acre or when the size of a of a development

2:43:18exceeds 150 units. Then public the provision of public open space would be required. In that location, however, there is a waiver for this requirement in the waiver section as I mentioned. I'll get into waivers in more detail

2:43:34This is another open space, standard. So we were trying to ensure that interior courtyards.

2:43:41So lots of buildings, lots of the buildings that are developed in the specific plan take a form similar to this, so there are obviously light and ventilation requirements for new units, and so kind.

2:43:57Of the the exterior surface area of these buildings becomes very important, and you end up with most residential buildings, have having some form of interior courtyard like this.

2:44:04Sometimes they can be completely encircled. Sometimes it's a use shape.

2:44:12Sometimes they take on, you know, other interesting shapes, and S. Shape, whatever.

2:44:13But we we wanted to make sure that these courtyards were appropriately sized, and so other cities, San Francisco Emeryville, have similar requirements such as this, where basically the the width, of the courtyard has to be at least as much as the height of the

2:44:37adjacent building walls, so you can see here.

2:44:38That's what this 45 degree angle represents.

2:44:39And this is actually modeled after the city and county of San Francisco standard

2:44:54Additional open space standards. So there are now requirements that balconies be provided on zoom facing building elevations.

2:45:04There is a a waiver for this as well. This doesn't work in in every location.

2:45:05There are noise, concerns, and and other concerns that would that might lead a design team to not include balconies.

2:45:17So we did want to be sensitive to that, but in general you know, balconies.

2:45:22They? They kind of permitted a warmth and an interest to building facades, and and as well as providing, and and some some amount of private open space for the new residents, and so we wanted to make sure those were included where where possible there also is a requirement now that has been included that

2:45:4330% of of all. So the there's a requirement for private slash, common open space.

2:45:50So that is so when we say private open space, we mean open space that is private to a particular residential unit.

2:45:52So that's a a private front yard or a balcony, or something of that nature.

2:46:02Common open space is open space, that is private to a building, but that is available for enjoyment of of any other residents, or the or their guests in the building.

2:46:14So these are typically those interior courtyards, things like that like I mentioned on on the last slide.

2:46:21So there's a requirement of a certain amount of private and common open space.

2:46:25Previously that could be broken out. However, the applicant and the design team saw fit.

2:46:31They could devote a 100% of it to common open space.

2:46:36A 100% of it to private open space or anything in between.

2:46:40Now there is a a a requirement has been included in the update that would require that 30% of that allocation be allocated to private private open spaces

2:46:55Alright next slide, so moving on the next topic area is parking.

2:47:01I won't dwell on this too long, but we've revised some of the standards, for bicycle parking specifically with regard to commercial by scope long term bicycle parking for commercial uses.

2:47:16It. It has been too high previously. We've we've lowered the okay alright.

2:47:20So we've lowered the requirement, and then the procedures for requesting waivers for parking have been reductions and parking up in clarified as well that a a lot of actually that process is largely mooted by some recent state

2:47:41Legislation that eliminates parking requirements in the in the specific plan area and and other areas that are in close proximity to transit sign regular I won't dwell on this this is kind of my new sha at this point but we've clarified the sign

2:48:01Regulations based on lessons that Staff has learned in in implementing them where it just areas where they where they weren't working very well.

2:48:10Land use regulations. The next topic we've revised several land use regulations with an eye towards granting more flexibility, coming into compliance with State law.

2:48:24For example, low barrier, navigation center we actually got a question from Councilmember, Moniama, about what?

2:48:31What what this term means. So this is actually a term that specifies in State law.

2:48:35It's it's a type of shelter for the UN.

2:48:36Housed, and we are required by State law to permit it in certain zoning districts in the city. So we're bringing this specific plan into compliance with that

2:48:50As I mentioned before, we've clarified the design review process.

2:48:51So this chart shows the decision-making body for various types of design.

2:49:01Review and other entitlement processes. We've clarified these to to clarify the roles of the various decision-making bodies and their respective findings

2:49:15Other things that I've been in this is, I think, the last slide about the form based code.

2:49:21Other things that have been required. I mentioned the community meeting process, master Sign Plan plan Review.

2:49:28That's for larger projects. So the the Alc Rato Plaza Station Tod project being subject to Ab.

2:49:382923 actually doesn't have is.

2:49:43And then, a b 2923 references.

2:49:4535. I know this is all kind of technical, but that's all to say that the project does not require discretionary approval from the city.

2:49:54But we have been in. We have been in a lot of meetings in negotiation with the development team over what the what the process for that project will look like.

2:50:06And it will look largely like this. Master site, plan, review process.

2:50:11So we drafted this process, thinking that that the Bart project would be subject to it.

2:50:17The bar project is not sufficient to it. However, they are sort of opting into a project, a process that looks much like this, and then also, we've included unit mix requirements that was at the the z suggestion, of the planning commission that there be a sort of a certain unit mix and breakdown

2:50:35Of unit sizes and and bedrooms for units, and then also, there are a list of waivers that are required, or or that are allowed permitted through this the specific plan up update several have been added i've highlighted some of those already these are sort of

2:50:55Things that commonly flexibility would need to be granted with a granted, for in general the plan includes a high degree of flexibility.

2:51:05The tier 4 design review process creates a process through which projects can seek flexibility to just about any development standard that's in the specific plan.

2:51:16The waivers are allowed. In addition to that, these, as I said, these are standards that more commonly we've recognized might need flexibility for those.

2:51:30Oh, so these are 2 areas right subject to the Planning Commission's recommendation.

2:51:37So the Planning Commission made a recommendation at their October meeting to recommend adoption of the specific plan update with 2 notable amendments.

2:51:47So the first was to require building, electric electrification for all new buildings, subject to tier 4 and tier, 2 and tier 4 designer review with potential appeals, waivers, and clarifications with regard to small projects, and special cases to be determined by staff so we have drafted some

2:52:07Language with regard to building electrification that is included as attachment a to your resolution adopting the specific plan update, that that language would require electrification or a prohibition of new natural gas infrastructure for all new housing units in buildings some buildings

2:52:29Of oh, they should say of 5 units or more that are subject to tier 2 and tier 4 design review.

2:52:37There would also staff as allowed for exceptions with regard to technical and financial infeasibility.

2:52:44So we really did not. We didn't have a ton of time to analyze this and have a a public process on this.

2:52:53Between this this planning Commission's recommendation and the specific.

2:52:58The city councils. Consideration of the specific plan we obviously we need to move the specific plan, update forward because of its its role in the housing element update process and and other city goals, and so we've created some exceptions here because what we what we didn't want to do is we didn't want to

2:53:21Unwittingly make projects financially and in feasible, add you know, add a burden, some requirement, or do something that was technically infeasible.

2:53:31And so the the we've created these exceptions. The burden would be on the applicant to Berlin that supported these exceptions.

2:53:39So. For example, if an applicant was saying that it was financially andfeasible to provide all electric new housing units, we would want to see financial data that supported that.

2:53:56You know there the applicants pro forma, or some, you know, other financial data that shows that the project would be financially andfeasible if if that was done

3:05:51Sean. Can I just add on that this is Melanie community Development director, I think we were also thinking on that with like you said technically, that would make it financially and feasible so when we interviewed people in other places sometimes there might not be for example the Pg need infrastructure to support the

3:06:09Needed upgrades there right? So that I think that was part of what we were looking for as well in terms of what would make something financially and feasible

3:06:10Yeah, and and you you might hear, you know from folks tonight who say that it's cheaper to build new housing units or buildings that are all electric.

3:06:11I have. I did reach out to some developers and architects, and the feedback that I got from a developer in particular that's developing a a a all electric building in Berkeley was that it's it's about a Wash right now for them and if it might get

3:06:12Cheaper our hope. Is that it certainly does get cheaper as this becomes more commonplace, and you know engineers become more familiar with the the processes and how to design things, and you know the various other things change that costs will come down and you know, that that might you know so we might want to

3:06:13Revisit this in the future. But at at this time you know we're we're we AIM to craft regulations that we thought were implementable the other amendment that this planning commission recommendation was was with regarding to electric vehicle charging infrastructure.

3:06:14So this is kind of a primer on that. These are some important definitions.

3:06:15So evse means electric vehicle, supply, equipment.

3:06:16So this is charging equipment. You can think of this as an electric vehicle chart for all intents and purposes.

3:06:17It's all of the equipment that is necessary to a charge.

3:06:18An electric vehicle. Ev. Ready means that there is adequate electricity supplied to support charging.

3:06:19So there's wiring, and a and a junction box or outlet provided at a parking space that could support a future charger.

3:06:20Ev capable means that that the electric panel has been size to the the capacity has been provided to support user future charging equipment and a raceway has been installed so that a future electrical service could be provided to that parking space it's also worth noting that

3:06:21the 2022 Calgreen Building code which will go into effect in January of 23.

3:06:22These are the requirements for 20 plus unit multi family.

3:06:23So the the Calgary Building Code there, you know they're requirements, or I'm sorry they're category, for multifamily is 20 units or more less than this is a different.

3:06:24Category. So the the Green Building Code has has acknowledged that you know larger larger projects should have different requirements what's require is that 5% of the spaces have evse or chargers installed that 20% of the spaces be ready for

3:06:25low power level 2 chargers, and that 10% of the spaces be ev capable

3:06:26So the Planning Commission's recommendation was to require 20% of parking spaces.

3:06:27Oh, I'm I'm sorry that this should say 20% of parking spaces in new buildings have evse installed with again with the appeals way or small projects and special case clarifications to be determined by staff so what is in the what has been

3:06:28Drafted and included in in exhibit B to your resolution tonight is to require 20% evse for all new tier, 2 and tier 4 buildings, of 5 units or more or 6,000 square feet of commercial space or more so to be clear this is a building of

3:06:295 units or more in the higher intensity district would have a parking requirement a by right parking requirement of 2.5 units, so you know 20% of that is a fraction, of a space but you know at that point it would round up to to one space one of

3:06:30Those 2 spaces, or you know one of those 3 spaces, the and the the 6,000 square feet of commercial space would have the same requirement.

3:06:312 and a half spaces. This would or 3 spaces actually so the language would also allow an an automatic load management system to distribute electric load when there were multiple vehicles charging so that by wearing evse the evse definition defaults to the the calendar greens

3:06:32Building standards, code, so that requires that that those spaces have the electric capacity supplied to that, so that would be for 20% of the spaces.

3:06:33The load management system. Then, if there were additional spaces in the future, since all of that's one, the other thing, the specific plan our was already included before this recommendation was that all of the spaces have the raceway so that they could be wired in the future so if any of those were wired.

3:06:34In the future. There there would be this 20 up space capacity that could be distributed through the the alms against exceptions for technical and financial and feasibility have been included with the burden on the applicant to provide that evidence

3:06:35Yes.

3:11:43Sean Council. Member Fideli. As a question, so on both of those amendments you can go back to the Planning Commission, recommends for each new Buildings and your drafting talks about 5 units how is that the difference that we're talking about here from how you changed the 2

3:12:08Amendments rather than all buildings. We're dealing with 5 units or more in each case

3:12:09Yeah, so in when when the planning Commission was making this recommendation, there was some discussion that that's why they they specifically included this clarification with regard to small.

3:12:10Projects and special cases, as determined by staff. Because we you know they were making this motion.

3:12:11We were trying to anticipate at the dyes all of these different scenarios, and so they included this.

3:12:12So that Staff could come up with some some reasonable recommendations for the City council, and so what we've done here, so that the the recommendation that we've come up with is to clarify that that small projects is anything less than 5 units and special cases doesn't really apply here this

3:12:13Would this would apply to. I guess you know anything 5 units or more, or 6,000 square feet of commercial space or more.

3:12:14The parking the Ev. Charging requirements. What if we go back to building electrification?

3:12:15We've clarified that that the the exhibit and the resolution, what it includes is a prohib prohibition on natural gas infrastructure for new housing units in projects of 5 units or more so it also does not include commercial uses, commercial

3:12:16Uses, it it it's a it's a difficult topic.

3:12:17So, if if the Council wanted to explore that we, we would really need to to dedicate more time to it and do it through a public process, so that we could gather more more input on that

3:13:46So, but that there the Planning Commission's goal was commercial buildings included. As well did they approve the drafts that you made for the what would be presented to us the changes that have they approved the changes from the basic commercial and housing okay.

3:14:06If I, if I may, council member Fidelity. So one of the things that we brought up with them is the challenge.

3:14:12Some benefits and challenges to doing it. So what we asked.

3:14:15Right. But we haven't heard those. So that's why

3:14:17So what we asked them is, if staff, as as Mr.

3:14:21Moss alluded was whether we could look into waivers and exceptions, type of things because we recognize that without a process, one of the things I also just wanted to point out on this is well, so the commercial one of the reasons that we added the commercial as a that we require to adjust with the residential units

3:14:41And not the commercial ground floor is that we knew that the specific plan was also aiming to create opportunities for new restaurants and new economic development and we didn't want to put in something that limited that that said when public works Ms after the planning commission kind of

3:14:59Huddled up with the city attorney and others.

3:15:02We all discussed at Berkeley's facing a lawsuit from the Restaurant association around the ban, and one thing we didn't really get into tonight was the timeline for entitlement so projects that are entitled under the specific plan won't be getting into the building permit

3:15:18Phase per one year to 18 months at best, and so we felt that we wanted to take a really conservative approach here, and we felt that new residential units the residential portion of what we call mixed use for commercial buildings, we're we're obvious that he

3:15:37Pumped type. Situations were were something to do. So that's where we took it.

3:15:46yeah.

3:15:47If the climate action plan process, which, as you know, is under what about to go under way to want to add more.

3:15:48So we did talk to the planning commission that we were going to put in some exceptions, but we did not have them review those exceptions before this meeting

3:16:07It could choose to. They'll be evaluating what the

3:16:08And thank you for that. I have real concerns about restaurants as well, but, on the other hand, the other buildings you're saying the climate action plan report will be dealing with other commercial building in the whole city, though that's the whole that everything in that climate action plan is for the whole city this

3:16:14is just for the San Pebble Avenue area right

3:16:18That's right. And we could also go into a process, and more analysis, like what the real I don't think cost benefit is actually the term, but kind of what the implications, of such a decision could be and maybe could even refine the exceptions to a little bit more greater detail

3:16:32Okay, so my last question is, Did did the planning Commission review the final product that you have to get that you gave to us here?

3:16:41Not the no, not the attachment section

3:16:43So that there may be some concerns about these from them, as well

3:16:48That's right. And so what we said, or I think I was.

3:16:51I was just saying is, I think, our our feeling and putting these in at this kind of state, and I know you'll hear from some that they've been asking for for a long time.

3:17:00But was that again like I said from a timing standpoint.

3:17:04The climate action plan could do more analysis and more process and more outreach.

3:17:09That enabled it to add things in that could still capture the same projects.

3:17:13We wanted to take a conservative approach to provide that response to the planning commission and and honestly, where we think it would go any way through their process and present that to you tonight.

3:17:25Again, there'd be no projects. So so the specific plan, the climate action plan is gonna have to decide what it's early wins are, and if that's something that wants to pursue for example.

3:17:34As an early win, but from the specific plan. When we look at all of our goals, we felt like the given, the timing and the process needed, and what we thought was a reasonable thing to put forward as an amendment now

3:17:45Is, that is one of the new goals is actually to support climate action, goals is a whole new specific goal.

3:17:52Is this revision right

3:17:53Well, because part of what it had before it was in the in the old one around vehicle.

3:17:56Yeah. But it says, it didn't say climate action right?

3:17:57Miles traveled was mostly compact vehicle. Miles traveled is what we know

3:18:08Right

3:18:09Right, but it's it's major word change and major directions appear in addition to market friendly development support, client and action goals.

3:18:10I I was just hoping that since we're doing this, anyway, can there be some goal language in the specific plan?

3:18:14If, in fact, this council decides to just let that happen in the climate Action plan as opposed to this

3:18:28If you're gonna

3:18:29Yeah, so that goal is a large goal, and I think we'll get more into that in the er as well. Right.

3:18:31So the goal. There's a lot of different ways of meeting the goal, and how how

3:18:34Okay. I'll let others talk now. Thanks.

3:18:37I have a question to, since we're or a common.

3:18:40Go ahead!

3:18:41The it seems to me I I have relatives that have I?

3:18:46I don't drive, but I have relatives who do who do, and they extensively use cars that are electric cars and therefore require the use of these things, and it would seem to me that especially as time goes on people are not gonna want to go to a restaurant, that where they can't

3:19:16Plug in, maybe. And so when when we're making these recommendations, about which alternative to use being it

3:19:33You know. Are we going? Let's say that I guess the on one extreme.

3:19:39It could be. Everything has to be electrified in terms of parking places, or, on the other hand, it's some really low number. So people aren't gonna wanna

3:19:56Go to a restaurant where they can't charge their car.

3:20:00I'm gonna

3:20:01Perhaps, and

3:20:04Councilmember, Abelton. I'm wondering if we should let Sean finish up and then get to the Eir and then go through questions, and then we can also talk about overall you know as you can see we are expanding the electric vehicle charging requirements in this as

3:20:19well as looking at other public right away in other ways. But I'm just wondering with the interest of time if we should just both Shawn and Chris wrap up as quickly as possible.

3:20:23So that we can get onto council meeting questions. Is that a is that okay?

3:20:33Yeah

3:20:34I was just about done now

3:20:38Let's have Shawn finish off his presentation, and then we'll go to questions afterwards.

3:20:47Alright. So I think we've yeah. So we've finished with electric vehicle all right.

3:20:51So moving on to the chapter. 3 the complete streets. Chapter.

3:20:55This chapter is really not been updated as part of the the 2020 specific plan update, but you know, as as projects are designed such as the the Del Norte Complete streets project they will be designed consistent with the the components plan you know obviously those those detailed.

3:21:11Improvements are still to be designed, and to come. Chapter 4.

3:21:23The infrastructure chapter. This chapter. Addresses for infrastructure systems so storm drainage, water, sanitary sewer, and dry utilities.

3:21:35The chapter has just been updated to accommodate changes in in city policy, documents and state regulations since the specific plan was originally adopted in 2,014 and to address the the needs in terms of increased infrastructure for the increased development capacity in the specific plan so

3:21:55This this image is just a sample of you know text as to how the the infrastructure chapter has been updated

3:22:05With that. I'm gonna turn it over to Chris Dugan from Mit to talk about the supplemental environmental impact report

3:22:15Yeah, thank you. And good evening. Kenzo and Members Council.

3:22:20My name is Chris Dugan. I'm with Mit Mit is the firm that's been.

3:22:25Let's have the good fortune to work with Melanie Shawn and others, or the original Sample Avenue specific plan and the plan Update.

3:22:34My role was on the Environmental review associated with plan update so I'm here tonight to provide it's a very brief presentation on the supplemental environmental impact report or Sire, pair for the plan update pursue into the California environment quality act or sequel next slide please.

3:22:54Shan so just very briefly, by way of background at the same time the plan, the original sam Pablo Avenue specific plan was adopted in 2,014 City council also certified the program Er program er analyze the impacts of close to 1,700 dwelling units and 200

3:23:13And 43,000 square feet of commercial space, and the eir for the plan identified.

3:23:18It could result in 5 significant and unavoidable impacts.

3:23:23Those impacts were related to scenic views, potential loss of historic resources, buildings and structured noise and vibration effects as well as trafficking, because the city council certified an er that had significant and unavoidable.

3:23:39Impacts. It all had to find that there were specific environmental economic other benefits of the plan at outweigh those adversaries as we've heard tonight city initiated an update to the plan in 2,019 that is ultimately led us to this agenda item night where it is

3:23:57To adopted plan update could ultimately support a total of almost 4,200 dwelling units and 343,000 square feet in commercial space in a transit oriented

3:24:10Because the city determined that changes to the plan adopted into 2,014.

3:24:11Were necessary. It also had to determine whether changes to the Eir certified in 2,014.

3:24:15We're also missing. And early on the city did determine that changes to the Eir were required.

3:24:28Sequa is an iterative process. It has multiple steps and actions and procedures, and one of the most important is the preparation and release of a draft environmental document.

3:24:39So the city released the draft and Sire, the San Pablo, a new specific plan update.

3:24:40This past summer and there are 3 important things I'd like you to keep in mind guarding the scri first.

3:24:51It is still a program. Eir it evaluates the long term, build out of the San Pablo Avenue corridor, and not a specific development project identifies mitigation future development projects and he's meant to streamline the environmental review of those future problems second it's not a

3:25:09new Eiot really is a supplement. The er that was certified in 2,014 Seir was paired under very specific secret guidelines, and if you were to consider the 2,014 er peanut butter 22 scir would be jelly we really

3:25:27need to put those ingredients together to create the total eir.

3:25:31The same. Pablo Admin specific plan, third due to the supplemental nature of this environmental document it focuses only on the differences between the approved plan and the updated point and so it has a more limited scope, and content I've been an Eir evaluating a project a

3:25:51New the development of the draft Dir included preparation, preparation, lots of city and agency coordination, but with notice scoping and comments and research and analysis and 14 different environmental issue areas

3:26:06There's a lot of work, and when the city put all that work together they had a draft a cir that identified plan update could result in 14 potentially significant impacts and 6 different resource areas.

3:26:17It included 14 mitigation measures to reduce those significance, but it does conclude that 4 impacts would remain significant and unavoidable.

3:26:26Even with mitigation, those 4 impacts are again on scene, abuse, central loss of historic resources, and temporary effects associated with construction, noise, and vibration.

3:26:37I want to note. These are not quote unquote new impacts.

3:26:41These 4 impacts were identified in the 2,014 er and essentially what the 22 S.

3:26:45Eir is saying is that these potential impacts would continue with the plan update.

3:26:53There was only one new supplemental. It's identified in the Ca: off.

3:26:58That was a potential impact to unanticipated tribal cultural resources.

3:27:03So research that may be in the ground that are not known about today, and that impact primarily comes from the fact that tribal cultural resources is a new topic that was added to sequa a few years ago

3:27:16City provided a 45 day. Public review period for the draft scir.

3:27:21There were presentations to the Environmental Quality Committee Planning Commission and design review, board and staff ultimately received 8 written comment letters on the draft. S.

3:27:30CIO. There were 6 letters. Received from individuals and organizations, and 2 letters received from agencies.

3:27:37Agencies that commented we're the department of toxic Substances control and the East Bay municipal utility.

3:27:44Those agencies. Comments were primarily related to procedures and policies that those agencies have much of the information that they provided was already contained in the draft.

3:27:50Sire, so no changes were made to the draft scir to address agency comment

3:28:02Comments from individuals and organizations were primarily focused on the scars, greenhouse gas emissions, analysis, and made multiple recommendations on actions and measures that should be included in the plan update to reduce greenhouse gas emissions comments from individuals and organizations really were the

3:28:20endpetus with plan amendments that Shawn was describing regarding building, electrification and enhance, ev charging

3:28:29Next slide please

3:28:33After the draft. After the preparation of a draft environmental document.

3:28:36The next big step is preparation of final environmental document, and so on October City reviewed changes to the plan as well as public comments or on the draft of cir and prepared the final I see final S. Eir provides responses.

3:28:53To comments. See? From interested in visuals, organizations and agencies, wells makes minor corrections to the draft that see it.

3:29:01In addition to the October final Seir an amendment to the final scir was issued in early November.

3:29:09This event. This amendment clarifies a certain mitigation language in the draft scir summary table shouldn't have been included. And so it's a essentially another errata or another clarification just like that was provided in the final

3:29:26If the adopted Shawn is a mentioning there have been planning amendments since the release of the final scar in October, as well as the amendment to the final Sierra earlier this month and if adopted those amendments.

3:29:40Specifically requirement for all elections, units, and enhanced the charging requirements.

3:29:45They do not result in new or more severe environmental impacts.

3:29:46Rather they would only serve to reduce what's identified as a less than significant impact in the scir already. So they would reduce the magnitude of the lesson significant

3:30:01In conclusion, the final s eir final scri, our amendment, and the plan.

3:30:06Amendments do not change the draft. F. Ci are impact conclusions or mitigation measures.

3:30:11Plan update could continue to result in the 4 significant and unavoidable impacts that I mentioned easily.

3:30:17And so once again the City Council will be asked to determine if there are specific benefits that outweigh those environments

3:30:26Thank you.

3:30:34Counting your your backup

3:30:36Great thanks. So that was a lot and there's a lot of detail.

3:30:43One of the things that is, we kind of wanted to share is there's a lot changing with State law, and, as you all know, some of the key kind of factors that were made the specific plan really entitled you know, it was quite quickly actually that we were entitled those 18 projects after many many

3:31:02Years, of not having a lot happening on the avenue so recently.

3:31:05Parking minimums were eliminated at the State level within a half a mile transit everywhere.

3:31:11So, even though we still have our parking, we always allowed projects to go down to 0. But we would ask for more.

3:31:16Tdm measures. But that's now true. Everywhere.

3:31:19Streamlining is really interesting. Neighboring cities have very fast approval processes like the one that sean mentioned.

3:31:28We will be looking at for the first Bart parcel which is outside of the specific plan area.

3:31:29So just some of the things that we're really making it very attractive here.

3:31:34A lot of the developers were like it's very hard to get anything built anywhere else.

3:31:38That's obviously not occurring. And you see thousands of units being both required in housing elements and built, so that's just a real real change that we're trying to figure out how that affects here similarly like I mentioned with those projects that are kind of right now waiting some that were have

3:31:56Invested quite a bit in getting their building permit, submitted and reviewed are definitely telling me that the rising costs related to interest rates, and obviously everything throughout the supply supply kind of limitations during the pandemic I'm in flat rents so flat rents and rising

3:32:14costs, obviously create a predicament for for developers who want to go forward. One.

3:32:20I was just talking to today just talked about the brutal debt market.

3:32:23So there's there's a pause. Obviously we hear a lot about, and we all hate seeing the vacant property.

3:32:28Some of them are entitled, many of them never had a project, and then some of the businesses.

3:32:30A couple of we can talk about them if you have questions about any of them.

3:32:37But we know some of them in the older buildings. Some of the recent restaurants that close down have had multiple offers of restaurants bonified, on, restaurants wanting to go in and haven't been able to strike a deal so these are just things in terms of the overall vision of what I know

3:32:51We all, want to see on the avenue in terms of strategy, to kind of how to counter some of these things.

3:32:58One is we're trying to do, you know, make available property help boost the presence of available properties and we're creating a webinar around this also, and that.

3:33:02We will be sending out soon, and we think continuing with the public improvements, is just gonna continue just like the first round of stamped avenue improvements.

3:33:12This next round including Del Nortic, complete streets, really sometimes there's more private investment.

3:33:18Sometimes there's more public investment and we're always looking for ways to be really adaptable and flexible.

3:33:24But a lot of the State laws are requiring a lot that you're not very flexible in, that.

3:33:29You have very strong objective standards. There's a little bit of attention there, and we're open to ideas working with you, doing more analysis, asking others and when I've kind of called around a lot of said do you have land can you offer land and obviously we don't have that I'm so just

3:33:45Looking for other incentives as we continue to kinda kind of work through this. So Sean just can wrap up with what the action that we're asking for tonight is and we will turn it over to question and answer in discussion

3:33:57Thanks. Yeah, I I realize we've given you a ton of information tonight.

3:33:58This is a complicated project even though it's a it's just an incremental update to the specific plan.

3:34:07You know these these regulations, you know, and the eir and and all of the you know the background and pieces Melanie's highlighted.

3:34:15It's just a ton of information that needs to be put out.

3:34:18There, so thank you for your patience. And just yeah to sum it up.

3:34:23The recommendation. The actions that are before the City Council tonight, the the the first thing that the City Council would need to act upon is to certify the scir based on the written findings.

3:34:31The written sequa findings that are included in your packet as an exhibit.

3:34:35The statement of overriding considerations which are included in in that findings document, and the mitigation and monit, the mitigation, monitoring and reporting program or Mmrp.

3:34:52Adopting that also. That's that is one resolution.

3:34:56All of that other actions include adopting the general plan amendment for the specific plan update.

3:34:57That is, only related to changing the general plan designation of the small Bart parking lot area that was added to the specific plan update adopting the specific plan, update itself with the proposed amendments with regard to building electrification and a electric vehicle charging infrastructure, and

3:35:20Introducing and waving the first reading of an ordinance for the rezoning of the specific plan update again, that is related just to the zone change for the the Bart parking lot area.

3:35:32So if the City Council takes these actions tonight, staff will file a note of determination as required by the California M Environmental Quality Act, and with that we are available to answer any questions that the the Council might have thank you

3:35:49Thank you, Sean. Just have one note, which is that there is a revised City Council resolution to adopt the specific plan update and an erota sheet with some minor corrections

3:36:04Approved off the resolution

3:36:13And include the or and include the errata sheet for the changes.

3:36:16And those are included in your supplemental materials that you receive today.

3:36:21Thank you.

3:36:22And I and I also do have I have a red line version of the revised resolution that I can put up as well that that highlights specifically what the additional recitals were

3:36:34Okay. Very good. Thank you. Sean. Let's go to corrections on the Council.

3:36:38I know. Lisa there pretend, has some questions wrong.

3:36:43Great. Thank you, Mayor. So first I just wanna say, thank you to staff and the committee and the Planning Commission and the Eqc.

3:36:53For all the work that's gone into the San Pablo Avenue specific plant update.

3:36:58Cause this is a really important document for our community. It really continues to move us forward.

3:37:04I think, in reading some of the public comments, I think there was this feeling that it was not bold enough.

3:37:14And I would just wanna remind people that when the S.

3:37:19Sam Pablo had me specific plan came forward. It was really bold.

3:37:24I hope that you know, as we move forward, that we show that same boldness in this plan, and that you know basically we are letting people know that we are ready for more development.

3:37:31We're ready for appropriate and really beneficial growth for our community.

3:37:43I am wanting to express that I am really disappointed that we've gotten to the discussion at almost 1040 at night, and I feel like this discussion is not going to be right robust.

3:37:58Enough and that is very disappointing. This is I was really looking for to us, really spending time to discuss amongst ourselves what is really important, here and I feel like you.

3:38:11Know we spend a lot of time on what the process has been, and I think you know, Director Mince.

3:38:17It was really great to see that summary. I wish we had started with the summary, and you could have filled us back in if we had more questions about some of the materials.

3:38:26So I wanna just say, moving forward that you know our job is governance.

3:38:33Our job is not just to say, Okay, staff of this. This is what we're approving.

3:38:37We really need to have time for robust discussion. Can I? Can I just concur with that?

3:38:44I I think this is a great great product. I was gonna just applaud the staff for all the work.

3:38:50And now I just I'm just really disappointed.

3:38:52We can't talk more about it. The public doesn't have the chance to communicate, and I think we could have come to some good.

3:38:59I mean it. It is just like a rubber stamp of no, no time to talk, and input you talk about.

3:39:04Input we don't have time to input so I don't know if there's opportunities that ask the mayor about holding this over half of this over until the next meeting.

3:39:09So the public can really get involved with this, and we can have more time to think about the changes in any additions we may have.

3:39:19Thank you. So you know the the I have a lot of questions, and I would like to know if you know we can put this over and what the implications are.

3:39:30If we do that that city manager, Karen pinkers

3:39:39We only had a couple of items on the agenda in order to make sure that we tried to have the staff be able to provide you with much input and understanding as possible.

3:39:51This is a very dense, very deep, complex topic. I would recommend that we continue on and have staff answers many questions as possible. While we are here

3:40:06So to to confirm. There is no urgency in our passing the resolutions this evening.

3:40:14There's nothing that precludes us from continuing the discussion to the next meeting.

3:40:19I would have to defer to our staff if there were any detrimental impacts to moving this to another meeting and to the attorney

3:40:29I don't think there's any actual legal implications.

3:40:33Chris Sean, I know that definitely the housing element relies on it.

3:40:39But one more meeting, you know, but obviously you have to look at your agenda and look at everything else that's coming, as I know Holly and Karen, looking at the draft Agendas Shawn Chris do you see any I mean obviously you know time but I understand?

3:40:54Councils wish to be able to talk about it more more deeply, and have the more more public, whether it's the document itself or just the overall.

3:41:04Some overall issues. But Chris

3:41:07If I may. We also have a packed agenda for December sixth.

3:41:12Right

3:41:13So if the Council we're not finished with this item tonight, then I would suggest that we call a special meeting, or that we start the meeting much earlier in order to make sure that we're able to fit in everything that's on the Agenda that will be necessary for December Sixth

3:41:29Yeah, I would say, getting after December with our housing element under review and looking at it with, would would not be advisable

3:41:46Okay. So let's do with this. Now ask all the questions that we want, and let's get it done

3:41:52first. I would like to understand you.

3:41:57You gave us what the Planning commission has recommended most most of the public comment was recommending both with the planning commission recommended and the Eqc can you tell us what the Eqc.

3:42:12Has recommended, and where that varies from what is being proposed

3:42:17Yeah, so the the language of the Eqc recommendation was in here Agenda Bill, and if you give me a a moment I can pull it up.

3:42:31Let's see here.

3:42:36So the Environmental Quality Committee made a recommendation.

3:42:44So they their their recommendation was, was, yeah. Actually a a bit different than the Planning commission.

3:42:50So it was. It was kind of the reverse, and and and you know I I I will characterize it as a a a more extreme response.

3:43:00So it was that the planning Commission and the City Council not certify or recommend certification of the Sir without addressing additional climate actions.

3:43:07To meet stated climate, goals, including all electric buildings, increased.

3:43:18Ev infrastructure, readiness, and reducing embodied greenhouse gas emissions associated with construction, materials, and to recommend analysis of recent Federal legislation, ie.

3:43:31The the recent Federal cool. What I wanna say!

3:43:34Climate, change, legislation as well as state and regional funding opportunities supporting the funding of greenhouse gas emissions, mission reductions so that was the Eqcs recommendation the planning Commission's recommendation.

3:43:53Is the language that was on the slide. So the planning commission recommended that Pacific Council certify the it.

3:44:02Supplemental environmental impact report and adopt the specific plan update with amendments to require building electrification for all new buildings.

3:44:10Subject to tier, 2 or tier. 4 design review and to increase electric vehicle, supply equipment.

3:44:20The electric vehicle supply equipment requirement to 20% of parking spaces for all new buildings subject to tier 2 or tier 4 design.

3:44:26Review with potential appeal. Processes, waivers and small project and special case clarifications as determined by staff.

3:44:38So what we are presenting to you tonight is is the Planning commission recommendation and based on the planning Commission's recommendation and the the acknowledgment that staff would need to look into exceptions for small projects and special cases we have drafted language that is presented to the

3:45:02city council is that? Does that clarify things

3:45:05Okay. So I just wanted to confirm that the Eqc recommendations are not being supported by staff at this moment.

3:45:12We're going with the planning commissions, recommending and where they overlap with Eqc.

3:45:17That's those are being included

3:45:20But

3:45:21Yes, and Councilmember, Montana, if you'd like we could ask mit A. A. The Eqcs recommendation related to the Eir was

3:45:32Something that you might wanna hear Mig, or or city attorney would drift to address if you want to hear more.

3:45:41Otherwise. The answer is that's correct. We did not carry forward that you don't certify the Eir as a recommendation, and either did the Planning commission

3:45:54Great. Thank you. So one of the things that has come up in this presentation that was really helpful is that we are in this period of flux with all these legislative changes code changes and other technology changes so for the time period that this specific plan update covers how how

3:46:27Prescriptive is what we're proposing, and how we'll it adapt as changes.

3:46:28Come forward, so I know that the Eq. Stuff is very specific.

3:46:38I know that our plan has to cover a time period that is much longer, and it's really important that we are flexible during the plan period. Because what?

3:46:49We're basically preparing for is the next real estate cycle.

3:46:52In 10 to 15, years, so at that point I would imagine the technology that we will be using in the building code.

3:47:02Some of the things like the ev charging technology will be different expectations of what will be in the plan.

3:47:10What what we want with be different. How do we accommodate that?

3:47:15And is that possible under the way that resolutions and the Seir is written now for the plan.

3:47:23But

3:47:24It was one comment that was from Steve Price that I want to have us focused on is like things change.

3:47:29We're trying to do land, use and building code in the same plan.

3:47:35I want us to make sure that we can be as green as possible and as technical logically advanced, and do all the the things that we can to make us greener without being to wedded to whatever technology is in place right now

3:47:53Thank you so much. Councilmember, Montana. So sometimes as things proceed, we forget to kind of clarify that so as a reminder, the lit, so most oh, electricification, and other ordinances are not in a specific plan they're not a land use regulation many of them are in the

3:48:10In building codes they were, and maybe Sky or Chris can speak to this more.

3:48:11They worry at some point. They were also reach codes so as a reminder.

3:48:19When a project is entitled The Building Technology is not generally a part of the entitlement, and in fact, and I alluded to this earlier.

3:48:30Whatever building code is in place. So, for example, the specific plan did not call for electrification of the buildings and for for the buildings to be built to be electric ready that's what the building code did right the new building code that you just adopted so those would apply to all specific plan projects if we had said

3:48:46nothing in the specific plan. And similarly, if the through the climate, action, plan, or through regional or state law, making a natural gas prohibition, were to come up for some projects.

3:48:58Those would all the when a project is submitting to submitted for building permit, that is, when those things would have.

3:49:04So it was why Staff had said that this wasn't the necessarily the right place to take this on, even if there was nothing in the plan tonight when those projects.

3:49:14Came forward to submit for building permit, they would have to respond to a requirement.

3:49:20For example, if the city were to adopt an ordinance that applied to all multifamily buildings, or more based on kind of occupancy, test those would, apply and, as I said, we haven't had a project get from a application so, if this was certified tonight, for example, and a project.

3:49:38Were to apply. We have a project that will be applying for a project that was entitled already.

3:49:43That was applying that was will be applying at the first quarter.

3:49:46Like I said a petrol. They'll have to still build to be electric ready.

3:49:50Because that's what the building code requires. So similarly.

3:49:52If a project, if the climate, action plan ended up recommending an ordinance that all multifamily buildings needed. X.

3:49:54Y, or Z, that would apply to projects that were entitled, regardless of what happens tonight.

3:50:05Does that answer your question so? Yes, they did the building otherwise can still apply within the specific plan area and the specific plan is a land use plan.

3:50:17As as you said, and we are getting a bit into building the realm of the building code, or sometimes other health and safety code

3:50:30Melanie, if you can give us just 1 s, we're having some technical challenges with the audio

3:50:45Like that

3:50:49Sure what's causing it. And now Eric's

3:50:54Okay, Melanie. It seems to have stopped. So I think we're okay.

3:50:55We to continue

3:50:59Was that me that you couldn't hear? I know when you said audio.

3:51:02I didn't know if that was me

3:51:03No, we were having some feedback in Council chambers, so we couldn't hear you speaking, but it seems to have stopped so hopefully.

3:51:07It won't come back

3:51:10Great I saw Councilmember, Montoyama nodding.

3:51:14Would you like me to repeat that, or was that clear for everyone, or you want to summarize what you think? I heard

3:51:18I think it was clear enough for me, but I don't know if

3:51:27Well.

3:51:28I think it was I think we we could hear you well enough.

3:51:31So is there a specific language then, in San Pablo a new specific plan update that automatically makes any, you know.

3:51:43If there's things in the climate action plan, for example, that would be applicable to land use decisions with those automatically apply

3:51:55It's a plan

3:51:56What, the

3:51:57I I think it depends on what they were, and I think sky, and you know the city attorney, and looking at those could make sure that they did apply and maybe it would require an amendment.

3:52:03But not likely to the specific plan right which is land use.

3:52:08So it would likely be able to apply pretty easy, but it would be something when it was being brought forward to you if that was its intention.

3:52:15We could do necessary amendments if there were any required which would be doubtful

3:52:21It. No, they're not automatically, you know, included in the language as it stands.

3:52:27There's not some catch all language in the plan that says you know anything that so if we have when the safety plan comes, for example, and there's a update to the general plan that may apply that doesn't automatically.

3:52:41Get included.

3:52:42No, and I can give some examples of why. So when you think about C.

3:52:433 requirements, for example, right, which is the stormwater.

3:52:48There's a lot of small parcel exceptions.

3:52:50When we've asked about electrification and we talk to the barte developers.

3:52:54For example, there's sometimes a small site might be hard to be able to fit the transformer, and it might affect, for example, the number of units on.

3:53:00So so there's there's when we've done other regulations like C.

3:53:023 at the you know, county wide level, or others. It's it's pretty important to identify those.

3:53:10Another example for us is with fire pumps, so some of our sites have low water pressure and require more infrastructure and more cost.

3:53:19To make sure that the fire pump has backup power.

3:53:20So in kind of, I think in reverse to what you said.

3:53:27I think that Staff's recommendation would be that things don't automatically apply without a process of understanding what those consequences and implications are.

3:53:32I think that we did see you know we do see housing.

3:53:41We see environment is is critical. We can't but when we look at the role of the specific plan, it's just one piece.

3:53:46It's just one policy amongst many in terms of what occurs.

3:53:53So, for example, the specific plan didn't mandate, you know a ban of of a plastic plastics, or even though all of our restaurants are in that area that still came through our environmental policy making and there was a process and so the specific even though things might mostly apply.

3:54:08In the specific plan, because it's where more of our commercial businesses are.

3:54:13We still have ordinances that get developed outside of that and go through their own process.

3:54:18So that's where Staff's recommendation was to let the specific plan do what it does.

3:54:19Best and to let the other processes occur. And yes, it could be an overlay on all the businesses on some of the buildings, but there would be a process to determine where those exceptions should lie does that help

3:54:36That's that's helpful. And then I had a question about those s Eir and the view mitigation language.

3:54:46So it says that there's no mitigation possible, and I really want to question that. And I want to understand why there is no mitigation possible

3:55:00Can you

3:55:01One thing I want to share, Sean, and then you can jump in.

3:55:03So when we did this again in 2,014 that's one way we adopted it, and we studied quite a bit through the different study sessions with the views and what we determined was from public views that it would not necessarily be possible, for us, to mitigate, if if this specific plan

3:55:20We're gonna achieve its goals that you couldn't necessarily guarantee that there would be no impact.

3:55:26We did, however, within the specific plan, and we didn't go over it tonight.

3:55:29I don't think, create a process where we asked for studies that all new development does present studies.

3:55:40That shows how it will affect views from various public corridors, so from east, west, running streets from the Bart platform, so that we could make sure that we we recognize that else Rito views are a real part of what makes us distinct and we wanted really to preserve that from

3:55:55Public spaces, you couldn't preserve that from every private space, but we do want the architects to really leverage their creativity to be look at like.

3:56:03Is there a way that I can use clear story. Is there a way that I can angle a cut through?

3:56:07It's also why we asked buildings to break, but we didn't at the time.

3:56:08This was and probably still the consequences of having you know you wouldn't necessarily be able to go up to 6 story buildings.

3:56:17So it's sort of some trade-offs. So we thought, how can we leverage really good design and make sure it's a comp a very transparent conversation.

3:56:28But recognizing that there could be impact just based on our topography in our location, and so

3:56:51Yeah, that was from 2,014. So yeah, Chris could. Yeah.

3:56:52So the connection between I I appreciate that there's now requestment to do all the studies but the finding is already there saying that there's you know there's no alternative or additional mitigation measures that would reduce this so yeah, so so what what are the mitigation.

3:56:57Measures. Is there anything you know? Is there? You know something that we this could have

3:57:07That can be done. That's not that we should understand now.

3:57:12That's not that, wasn't there in 2,014.

3:57:15So I I I can

3:57:16What what they must be. Alternatives, bye, bye.

3:57:19I I can address that a bit, and then I also. I see that Ray Pendro from Mit has his hand up, and so I'll I'll turn it over to Ray.

3:57:29But what I would say is is nothing is proposed to change from the 2,014 program. Ir.

3:57:36So that that language that you're looking at is is exactly the statement of overriding consideration that was adopted, and in 2,014 in in order in order for that to change the the the Council like the the the as cir would have had to have determined that there is now a

3:57:58Mitigation that could be in place, so that that was no longer a significant and unavoidable impact, and and that I think would and and maybe ray, and maybe the city attorney can apply on this more I think that would beg the question why?

3:58:17Because we're we're now. Do you know, allowing more development through the increased development capacity?

3:58:18And so? Why is there now a mitigation that could be put in place when there wasn't in 2,014 like what?

3:58:32What has changed, because nothing about the specific plan with regard to the standards with regards to views has changed substantially.

3:58:41Ray, do you have anything to add on that

3:58:44And right just quickly before you share your comments can cancel.

3:58:45Please entertain a motion to extend the meeting

3:58:52Who would like to make that motion I'd like to make a modified motion and I just wanna make sure I'm doing this correctly.

3:58:55Which would be if we could review item, 8 a.

3:59:06And then table. The rest of this conversation for a special meeting, or to have an earlier extended meeting for the 6.

3:59:11We certainly can, but the council rules do require an extension past 11 Pm.

3:59:21So you would first need to make a motion to extend the meeting at least a short period of time, in order to you take that action.

3:59:28It can all be one motion. But yeah, my my whole thing is, it's conf philosophically.

3:59:34I just don't think that public meetings should be past 11.

3:59:37So that's why, historically, if an account, if people know I always vote.

3:59:38No, if it's past 11. For that reason this would probably be the only exception that I'd make, because I do think that Eighta should be addressed.

3:59:43But I also think that this to have a 2 h presentation and not enough time for us to have this conversation definitely it impacts things.

3:59:58So I will make a motion to extend the meeting past 11 in order to address item 8.

3:59:59A and table the I am just trying to think of how I could phrase this correctly.

4:00:11Yeah, and then that in them to continue 7 a in a subsequent meeting we typically have a specific time for the extension.

4:00:17If we you can entertain more than one. So if you want to, perhaps I will entertain till 1115.

4:00:28Thank you. No. I have a second 1. Second. Okay. We have a motion by Runneck, and second from Mayor protein, and say, clerk

4:00:40Hi!

4:00:41Council Member Fideli, councilmember redneck motion carries

4:00:55Okay. So we now we're gonna go to Eighta is is that okay?

4:01:04It! I

4:01:06And then suggest that you continued discussion of this item and take up item 8 and then we can come back and talk about scheduling further discussion on this on on the specific plan

4:01:22Thank you very much. I I do have a brief answer. I'm Ray Pendro, director of Environmental Planning at the Mit Berkeley Office with. I work with Chris every day

4:01:36The the view, significant, unavoidable is analogous in the S.

4:01:45Cir to the historic building impact which is significant, unavoidable.

4:01:55What the eir

4:01:59Cannot do. Just tie the hands of the city council in the future, who may or may not be the same people on the Council today for approving a project in the future.

4:02:14So

4:02:16If if we had mitigation required very specific about

4:02:25A visual impact. Then the hands would be tied in this subjective area.

4:02:33By future city council members, on whether or not to approve a project and secret, cannot presuppose how a city council will

4:02:47Vote on a design of a project. So that's the flip side of what Sean was describing.

4:02:55If that makes sense to you.

4:02:59Thank you.

4:03:02That's that's helpful. So we will continue this

4:03:097 a. The synapse will have any specific plan. Special meeting

4:03:17Now go to 8 a policy matters, budget amendment for recreation, swimming pool, a plastering project City Project number C.

4:03:30Fifty-thirty dot 5, and we have event or keys here. Good evening.

4:03:36Good evening, Mayor King, though Council members thank you for taking this item tonight.

4:03:41So and I'll try to make it as brief as possible.

4:03:45My name is Yvette Orthis. I'm the city's public works director, and with me tonight or as Chris Jones, our recreation director, we will both be answering any questions you may have at the end.

4:03:56Of my presentation tonight city staff is requesting the City Council amend the current fiscal year budget to appropriate $59,850 from the general fund balance for the construction of the community recreation swimming pool re plastering project you

4:04:16Previously heard about this project as a consent item in your October eighteenth Council meeting.

4:04:22The project will implement mandated health and safety, repair and upgrade at the recreation poll at the swim center.

4:04:32The recreation poll is the SW. The smaller poll as City staff reported in October.

4:04:38The original bid that the city received from the sole responsive and responsible bidder, was significantly above the project.

4:04:47Budget. Unfortunately, that's the result of the current bidding climate right now where prices are high due to the limited availability of contractors and materials and inflation overall, and especially so for specialty work at the swim center that's required such as the re plastering because of

4:05:07The uncertainty, in the bidding climate, as well as the short window to do work during the winter, when when the pull is closed for a lot of the programming, and so as to not impact revenue we asked city council to authorize this the city manager to negotiate with

4:05:25Tricia, and the accounts did authorize the city manager and city staff to do so, and over the last few weeks the city staff and our consultants met with Tricon the contractor as well as the county health Department who permits work on Commercial Polls or

4:05:47Recreation public recreation polls. We worked on identifying changes to the project that would bring it within the budget.

4:05:54The current budget, for the project is $335,000, and we actually were able to successfully negotiate with Tricon to bring the project cost down to $328,500 we were able to do that primarily 2 ways by redesigning the

4:06:15Main dream, the main Jane great as well as removing the replacement of the slide and refinishing of some of the pull play features from the project.

4:06:29So the the the replacement of the slide, and the refinishing of the play features.

4:06:37We plan to do as a separate project, and we think we can reduce the costs as part of a separate project.

4:06:42But currently we, the bigger project with the replastering and the main drain grades and the Ada lift the stays in tact, and those are the L.

4:06:49The the central components of the project. Again the current budget in the cip and the adopted budget is $235,000.

4:06:57The large portion of the funding for the project comes from the measure.

4:07:01A swim center fund about 81, the remaining from measured H.

4:07:10Given the city councils, prior authorization, the city manager is ready to execute the contract with Tricon as soon as possible, but also in combination with the issuance of a permit by the county.

4:07:24At this time we need need the additional funds to cover other miscellaneous costs specifically the contract contingency as well as construction management testing administration drives construction phases during the construction phase for this purpose is what we're asking for the the the additional funding of about 59

4:07:46$1,850 it would be from the general fund underserved from balance, as indicated in the staffing, for at the end of the fiscal year 2122 the an audited balance in the general fund is about 15 million dollars notably in

4:08:06Fiscal year, 2122, and Chris Jones can speak more to this if if you have any questions, the swim center outperformed, the operating budget in the general fund by at least $200,000.

4:08:12This is again an audited numbers. And so basically appropriating this additional funding from the general fund is reimbursing in the swim center using revenue that was generated by the swim center as budgeted measure h does not have sufficient fund balance to cover this

4:08:37request that this is why we're requesting the appropriation from the general fund, and that's about it.

4:08:43That concludes my presentation. Chris and I are available to answer your questions.

4:08:48Thank you.

4:08:49Very much of it. Let's go to the cancel any questions regarding this

4:08:55So what I'm hearing you say is that the existing slide tower and the mushroom water feature are the things that are not going to be a part.

4:09:08Correct.

4:09:09Of this project correct alright? Are there plans for that

4:09:14Yeah, the plans are on the way right now we're looking at alternative options, of both both both of those, and we think we identified lower cost options to to move forward with that work but outside of this contract

4:09:27And that so that would be a separate bid you'd go to bid for what potentially so it's not necessarily this contractor it would just be whomever responds to the bid and is there a sense of how much that would be because I understand that we're trying to reduce

4:09:42The cost of this project. That's why it. Was removed.

4:09:45Right

4:09:46However, I just wanna make sure that it's not something that you know, for one.

4:09:48It's a feature that I know is utilized and appreciated by the public, and they are paying to go to the pool so wanna make sure that they're giving them the best pool experience possible.

4:09:55But I want to make sure that we have a sense of how much it's going to be

4:10:04Yeah, we have a sense. I mean the original engineers estimate was about a $130,000 for that.

4:10:11The bid from Tricon came in at $300,000, so we believe we can.

4:10:17You know we can find a good middle ground between those 2 prices, and we would have to come back to council and ask for an additional appropriation to move forward with that work

4:10:29Thank you. Okay, Council member for yes, thank you. You said you said. The estimate from Tricon was $300,000

4:10:36Correct. The the bid from Tricon was for $300,000 for that work

4:10:41For for what? For? The mushroom and the

4:10:45For the replacement of the slide and the refinishing of the mushroom.

4:10:46Chris. Was there anything else for that was included in that

4:10:52You, you. I just want to get back to you, said that that their estimate was significantly exceeded.

4:10:57The engineers 235 d. Can you tell us what the what that was, what the estimate was

4:11:05The engineer's estimate was, for that element of the work was $128,000

4:11:12So the total estimate from Tricon was what that made you say.

4:11:16This is too much

4:11:18The Tricon bit $300,000

4:11:23I'm I'm just confused because you say the engineers estimate and project Budget up 3 35

4:11:29Oh, okay, so initially, I was just talking about

4:11:31Oh, 300,000 is less than 335 right

4:11:35Right? So maybe I'll take a step back initially.

4:11:43Hi!

4:11:44I was just referring to the cost for the the slide and the play features, the total cost for the whole project originally was, let me see, the engineers estimate was about $358,000, and just under $258,000 and tricons estimate came in at just under 600

4:12:00and $51,000

4:12:01Okay, that that's a system. That same number that's not in here.

4:12:05I I think the staff made a good case for moving forward on this being one of our most important assets. I think there's a time element. That we should approve this something

4:12:18Mayor pro tem. I just have. One comment is, and I appreciate this, and I appreciate how much the pool is an important asset to our community.

4:12:26But I just want to caution against the I thinking about the pool generated the money, so the pool should have additional general fund, because I think the general fund is really for the whole city, and that you know programs and and needs that don't generate any income have to be equally evaluated so

4:12:50I just have a concern with the pull money not separate from the general fund.

4:12:56With that said I would like to make a motion to approve

4:13:08And if there's we do not have any public in the room, but now would be the time to raise your hand if you are participating remotely if you would like to provide public comment, for this item

4:13:23Hey, Mayor? I'm not seeing any hands. Okay. Thank you very much.

4:13:28Hi. Okay. Okay. Back. To the council. Do I have motion to approve.

4:13:35And second it

4:13:36okay. We have a motion by the mayor.

4:13:37Protein, and second mayor can tell Mayor Protein I.

4:13:46Hi!

4:13:47Councilmember Abelson, Council Member Fideli, Councilmember, Redneck motion carries Yup. Very good.

4:13:52Thank you very much. Next we will go to city Council.

4:13:53Local reasonably is on assignments. Mayor. I think there are.

4:13:58Few things related to the specific plan update that I think we need to actually address before we move.

4:14:05Okay, which means we may need another motion to extend. And that's what I was going to say is the first thing would be to extend it at least for another 5 min just to address. A

4:14:15I move that we extend the meeting for 15 min

4:14:19okay, I have a motion by Abelson. Second, but fidelity.

4:14:24Nancy, clerk.

4:14:29Bye.

4:14:30Councilmember, Fideli, Councilmember redneck, no motion carries.

4:14:35is the this is a public hearing.

4:14:40Item. If you continue it, there may be members of the public who are interested in speaking tonight who will not be able to attend the meeting, that it's continued to.

4:14:49So I think that you should provide an opportunity for any member of the public who is on the Zoom, who is not able to participate in the meeting assuming it's December sixth if they if they raise their hand.

4:15:05To say I'm not going to be able to participate on the sixth, that you should give them an opportunity to speak tonight, which means you would need to open the public hearing to do that and and then the other is well, 2 other issues one is are you gonna move, it to the to are you gonna continue it to

4:15:19The sixth, and then the the last item would be that technically a continued public hearing does not need to be read noticed, but I would suggest that you re-noticed.

4:15:30It, anyway, which means the probably that then that notice is, gonna have again, if you're targeting the meeting of the sixth, that that agenda that that notice will probably need to go out probably tomorrow.

4:15:41The if I can just add the specific plan itself requires a 21 day.

4:15:47Note. I don't know if that applies to amendments to the plan, but if it did we, we can't meet that deadline for the sixth

4:15:57So what section. Is that of the plan?

4:16:00It

4:16:04Hold on. I'm not. I'm not there right now

4:16:07Yeah. Alright. Well, so while we do that, why don't we sure?

4:16:13So we'll actually while Shawn looks. So I I really do the for the first time is, do you want to try to target?

4:16:19How on the sixth subject to us, figuring out whether or not that's even feasible.

4:16:26Hmm.

4:16:27Yes, what does the 6 look like for all of us?

4:16:30We're gonna be here anyways, at 5 o'clock

4:16:39An hour's all over running some of us haven't been able to speak at all.

4:16:46Yeah.

4:16:54Okay.

4:16:55That's why we're yeah. So that's why we're gonna extend it on to the 6 of December, and perhaps we can start an hour earlier

4:16:58Would that be okay, with you? Councilmember? Abelson?

4:17:01About 2 h earlier.

4:17:04Sure. At 5 Pm.

4:17:05Let me see

4:17:06And could we start with letting other people speak to to the next spoken?

4:17:12Thank you.

4:17:13Okay. Here.

4:17:14We.

4:17:16I think I think Shawn is still looking for this citation. I

4:17:19Yeah, it's it it's section 2 o 2 O.

4:17:209 on page O 2, 32 of the of the current plan

4:17:27Can you? Can you read it, Sean. It'll take me a minute to pull it up if you have it in front of you.

4:17:34Yeah, it? Just says

4:17:38Or all cases requiring a notice of hearing the zoning administrator shell within 21 days prior to the hearing, send notice by first class, mail, or other approved message to each prom owner of real property as last disclosed by counting tax records situated holy or partially within the noticing distance

4:17:59Specified, vial, cereal, municipal code, no such notification shall also be sent to a such notification shall also be sent to a such notification shall also be sent to a such notification shall also be sent to a such notification shall also be sent to interested parties that are on file

4:18:09With, the city, and shall be posted to the city's. Website.

4:18:12So I guess that does not cover the publishing.

4:18:16The notification in the newspaper. But still it's worth noting that today. Today is 21 days in advance of the sixth

4:18:25And we need 3 additional days prior to the publication date for the request to the newspaper, so we would need to have noticed for 18 on November twelfth

4:18:43Itself. It doesn't say okay. Doesn't read to me like the specific plan is saying for any amendments to the plan.

4:18:50Follow this 21 data. So I think I think we would follow the Standard 14 day, doing

4:18:56I think the 6, the 20, s would be the date for the 18 meeting, so we could meet that

4:19:11We should invite. I'm gonna actually before I say that I see the city clerk

4:19:19The rescheduled meeting. Do we? Perhaps it would be cleaner to wait and have the public hearing the full public hearing on that date, or do you think that we I I only want to provide an opportunity for members of the public who are in attendance tonight to have an opportunity to speak if they will not be able to attend the hearing on this December

4:19:39Sixth because I don't want to preclude, and anybody who's here tonight from having an opportunity to submit comments to the count.

4:19:45Okay. So we so I think we would open the public hearing.

4:19:49Allow people who will not be able to attend on the 6 to offer public comments tonight, and then we can.

4:19:50Then the council should continue the public hearing to December sixth to 5.

4:19:58Okay, good. So I'm going to open the public hearing

4:20:18Okay.

4:20:19A public hearing is now open in person. Request to speaker can submit a speaker card to the city clerk and remote speakers can use the gray sand feature to request, to speak, please remember to identify yourself, and your City of residence at the beginning of your comments thank you Mayor we

4:20:21Do not have any members of the public in the room. We do have a handful online. So if you are participating via Zoom, and you are not available to speak on December sixth for this item now is the time and opportunity to raise your hand and provide your Comments

4:20:43I am not seeing any hands requesting to speak, okay, so then, Mayor, I would recommend that you continue the public hearing until December sixth to 5 Pm: Okay, so we will continue the the public hearing at 5 Pm.

4:20:51On December sixth. Do we need a motion on that, or just a continuation by the mayor is sufficient.

4:21:04I I why don't we take that as a motion and and ask for a load on it?

4:21:09You're running a motion

4:21:12I saw move

4:21:26Aye.

4:21:27councilmember: do I have a a motion by Abelson, second from the Mayor for 10 of Madam Secret councilmember, Fideli Councilmember, Rodney I motion carries okay, good now we are number 9.

4:21:34City council, local and regional, please on assignments. Any updates

4:21:41We have no updates. We will adjourn this meeting at 11.

4:21:4220 Pm. The next regularly scheduled City Council meeting is Tuesday December, the sixth, 2,022 for the special meeting at 5 Pm.

4:21:48On December