Regular City Council Meeting September 17, 2024

0:00:26Good evening, everyone.

0:00:28The September 17.th Regular City Council meeting is called to order at

0:00:336 0. 1. Will the city Clerk please call roll.

0:00:36Mayor Rednick, present Mayor Protem Weisinger, present Council, member Fideli. Here Council, member Motoyama. Here Council, member Quinto. Here we have a quorum

0:00:44of a full quorum.

0:00:45Yeah, please join me in a moment of silence or pledge of allegiance.

0:00:52They don't overheard. Wait!

0:00:56I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible with liberty and justice for all.

0:01:11For those of you watching at home, we usually have our flags on kind of stage left, and it was moved to stage right?

0:01:19So

0:01:20all right, we're going to ask the city clerk to give our teleconference and public comment instructions. Thank you, Mayor. This hybrid meeting provides an option to participate in person, or via Zoom for closed caption services. Meetings of the City Council are subject to the Brown Act, and are held for the purpose of conducting city business.

0:01:39The Brown Act also ensures the public's right to be heard, and while city council is not able to respond to comments directly, your comments will be heard prior to council taking action for members of the public who wish to provide oral testimony. The mayor will announce the time for public comment on each applicable item. Public comments will be taken in person only, and a request to speak can be submitted to the city clerk

0:02:00by completing a Speaker card. The Council's adopted rules of order and procedure specify that public speakers address the city council in an orderly and respectful manner, receive their comments with their name and city of residence, and be respectful of time limits. Thank you, Mayor. That concludes my instructions.

0:02:16Alright. Thank you. City clerk.

0:02:18Next item on the agenda is council and staff communications.

0:02:22City manager Pincus. Do we have any staff announcements. Yes, thank you, your honor. Again. I'm Karen Pincus. I'm the city manager. I'm actually gonna call up Aisa Shori and chief sailors while they're making their way to the front to give you a couple of announcements. I would like to announce that finance Director Crystal Reams, who is in the back there crystal wave has achieved her Cpa.

0:02:46So she is now a Cpa, and we are very excited for her. So wonderful!

0:02:53And we're thrilled to have such a a really good finance team with a matter of experts, particularly in accounting so congratulations. Crystal Isa, would you like to go first? st

0:03:05Good evening, Council Mayor. Nice to see you all this evening, as you may have heard on August 20 second, the California Strategic Growth Council awarded 39 million dollars to the El Cerrito Plaza Tod project. More specifically, we're looking at the 1st phase, which is parcel a South

0:03:24as you know, Asic is a competitive program that targets projects that will achieve greenhouse gas reductions by integrating affordable housing and transportation improvements. So that's a huge component of this competitive state funding source.

0:03:38Luckily, we were able to achieve. Of the of the 30 million dollar award, 21 million is gonna go towards the development of 70 new brand new affordable housing units. And that's slated to break ground next next summer. All because of this award another 18 million dollars of that is a grant to the city, and that's gonna go towards significant community improvements, including bike and pedestrian improvements, upgrades to the ohlone Greenway and targeted

0:04:06transit passes specifically for the affordable housing residents. So that's one of the huge benefits. There's a lot of benefits, actually. But these are just some of the significant ones.

0:04:16So, as you know, we've worked on this project a long time. There's a lot of partnerships and study efforts that have gotten us to this point. And so we're really happy to be able to report this award, because it's a significant milestone in creating a downtown community hub, while also delivering transportation, new open space improvements, and obviously much needed housing at just a variety of income levels not just affordable housing, but housing. That's also going to serve our workforce as well.

0:04:45And it also provides an opportunity, as you know, in our strategic plan for potentially a new library as well. So

0:04:53just kind of want to highlight that. And thank you all. Because of our pro housing designation, we were able to be competitive in this application and it also goes to show the partnerships with our partners that related of California and Bart as well as the entire city staff from our planning department, our public works, and our transportation, and of course, just your leadership.

0:05:15So if anyone's interested in learning more, I would encourage everyone to. If you have not already checked out El dash torito.org backslash to D, and with that that concludes my report.

0:05:34Good evening, Mayor and council members. I'm Eric Saylor is your fire chief.

0:05:38I have a quick announcement to make. First, st I'll frame it, though it is

0:05:42one of the greatest pleasures of this job is to help people in their time of need on their worst day. The frequently most of us go to work. We see some tragedies. We do the best we can, and we go home. It is always a pleasure and an honor when we get recognized for excellent work, and last month I received a letter from the strike team leader on the park fire for our crews in particular, one of our captains that responded to that fire. So

0:06:08the park fire burned for many months, and during this event more than 5,638 firefighters responded to this.

0:06:17Over 407 engines arrived on scene to fight this fire and our engine 4, 13, and its captain was called out on particular for their performance. They spent over 3 weeks fighting this fire on a strike team, and I received this letter from the strike team leader

0:06:33out, Captain Runa, for your Nelson for his performance and his leadership, and I will read just some experts. Excerpts from a letter.

0:06:42Luna's leadership and command presence were challenged in a day-to-day basis with our operational assignments and extreme working conditions. However, his calm, collected, and experienced command presence proved successful during this operational period, ensuring our operational goals were met.

0:06:58Captain Hoyer Nelson is a proven leader and a professional fire captain.

0:07:03It is a pleasure working aside alongside Captain Boyer, Nelson, and the crew from Engine 413

0:07:10actually, in my 29 years never received a letter like this from a strike team leader. It's phenomenal, and it's a reflection of the professionalism that our firefighters display, and the amount of support that they receive from their city, to allow them to respond to these fires, and the amount of training that they get so that they can perform like this.

0:07:29That puts them on par with anybody in the State, and to stand out on a fire this size to get recognized as amazing.

0:07:39And a report.

0:07:40Thank you. And congratulations. Is he here, can I? If I think I believe he's out on another fire? Oh, okay, he's out on another fire. I just drove past him as he was coming home. So he is doing what firefighters do. They respond? They help, they work as hard as they possibly can, and then they go home like nothing ever happened

0:08:08doing the job. Thank you, chief. I just have a few more things that I would like to draw attention to, and some of this will be on the agenda later. But just as a some save the dates, so as you will be talking about in your consent. Calendar united against heat week. There is a free screening

0:08:26of the of a movie. This is sponsored by the United against Hate week. Not in our town organization and the El Creator Human Relations Commission to have a showing

0:08:39called repairing the world at the Rialto Cerrito Theatre.

0:08:44on September 26, th at 6 o'clock. It is free, so please feel free to join us.

0:08:50and then we also have a

0:08:53on 9 29, September 29th

0:08:56play like a girl plus, which is from 9 Am. To one Pm. You can register on our website. It is also free. And there, just as a a preview, there is a rumor, strong rumor, there will be roller skating involved. So I know that makes some of our council members very excited.

0:09:16And then a couple of other things. Also, I want you to please save the date for 1026. That is October 26.th That's coming up. That's going to be our. We're bringing back the Senior Resource fair. So that's going to be held on Friday, October 20. I'm sorry. 25th Friday, October 25.th From 10 Am. To one Pm. Will be accepting vendor applications. This information is going to be in my city manager update that's coming up, probably at the end of this week.

0:09:45And further, I'd like to highlight that this is becoming very popular. That we now have free social senior socials at our community center at the patio patio room from Wednesdays and Thursdays from 10 am. To 12 pm, so that's drop in senior social time. As I've spoken around to some of different groups.

0:10:06one of the things that some seniors have have asked about is, you know what we haven't been able to do since we had to close our senior center was having some drop in time or some social time. That's kind of unstructured. And so we're looking to meet that. And also lunches are happening at the community center. So we've shifted a lot of our services to the community center and trying to expand those as best we can

0:10:33to provide those services to our community. So with that again, all of these, this information will be on all of those recreation programs, senior services will be in my city manager update coming up at the end of this week. So with that, thank you so much, your honor. I'm all set.

0:10:49Thank you. Are there any announcements from the Council to start in this direction. Yes, all right. Thank you. The 3rd meeting of the

0:10:58East Bay Wildlife Wildfire Coalition, I'm sorry, will be held Monday, the 23rd at 10 am. In this Chamber. Thank you.

0:11:08Any updates, thank you. Any.

0:11:11I have a couple announcements. Thanks.

0:11:15so I want to remind people that the El Creator Art Association is having their opening artists reception on Friday, October 4, th from 7 to 9 Pm. And the weekend they'll be showing all the artwork that was part of the non juried open show the 47th annual one.

0:11:35and that will be held at the Community center, and it's held by the El Cerrito Arts Association. So you can go to their Ww. Dot el Cerrito art.org website for more information

0:11:47also coming up on October 10, th 12th and 13, th is the 14th Annual Albany Film festival in El Cerrito. So that will be a lot of fun. Lots of short films of some by our local

0:12:00folks, so that will be a lot of nice things to see. And then on October 20th we do have the El Creto Free Folk Festival coming to also to the community center.

0:12:11Thank you. Thank you. We love the Folk Festival. You know. All the events are exciting the Arts Association. The Folk Festival is really great, too.

0:12:18I have just a few announcements. On September 9, th myself and Council Member Motiyama met as the subcommittee of staff to review the wall of fame. We received one complete application, and we agreed to recommend the approval of Miss Patricia Durham for the wall of fame.

0:12:34We agreed on this. We're very excited. City clerk will add to the agenda for the October 1st meeting for the city, for the full City Council to consider this recommendation, and, if approved, staff will proceed with a formal induction of Miss Durham to the wall of fame. Early next year.

0:12:49Council member Motoyama, do you have anything else to say about this? It was a pleasure to meet and discuss her contributions to the city because she is really an icon in our city, so

0:13:00we cannot wait to bring this back to the full council

0:13:04alright. And in addition, I'm expanding the charge of the current wall of fame ad hoc, to review and discuss the wall of fame program. We expect this work to be to be completed before the end of the year.

0:13:17All right. And with that we're going to move to Item 5, which is oral communications from the public.

0:13:21Now is the time for members of the public who wish to provide public comments regarding matters not on the agenda or consent. Items or presentation items

0:13:30request to speak can be submitted to the city clerk by completing a speaker card.

0:13:34public comments would be taken in person. Only please remember to identify yourself and your city of residence at the beginning of your comments. City clerk. Please proceed.

0:13:44Thank you, Mayor. We have 4 speakers tonight. So 1st I'll call up Buddy Aksage, followed by Dean Cartes.

0:14:10Good evening.

0:14:12Buddy. Activist

0:14:14on a gardens resident

0:14:17and

0:14:20perceived as by some as

0:14:23an asset to the community

0:14:26and others as an ass.

0:14:28But anyhow, I don't it? It doesn't feel like that. It's a good mood. Night, you guys. Just

0:14:36there's a spirit in the room. Everybody feels like

0:14:40it's a good night.

0:14:43So I've been asked by

0:14:47one of the members of the Council just

0:14:49speak about the

0:14:52tour that we did a month or so ago of the veterans building on Stockton Avenue in El Cerrito.

0:15:00a really interesting building. My sense is that the veterans building on Stockton Avenue is a good counterpart to the City Hall in terms of being just

0:15:10an aesthetic gem.

0:15:13and if you put a coat of paint on that

0:15:16building on Stockton Avenue, the Vets building that resembles

0:15:21the paint on this building that was

0:15:25so happy to be in at the moment.

0:15:27I think it would be to be a standout classic.

0:15:31Now do. I have 3 min or 2?

0:15:35Your time is on. So it's

0:15:37okay.

0:15:39the building is

0:15:42available, accessible for wheelchairs ramps.

0:15:47So it checks that box.

0:15:50But then there's no elevator, and there's 3 floors, and

0:15:54they're huge. It's a huge building.

0:15:58And according to

0:15:59Supervisor John Joy, it's underutilized.

0:16:04One of the ways it's going to be utilized is

0:16:07a couple of days from now.

0:16:09and I want to invite the panel.

0:16:12And actually everyone that can hear my voice.

0:16:162 30 pm. On Thursday, September 19th

0:16:19Ad. Hoc committee out of the El Smito Democratic Club.

0:16:24approaching the issue of a dedicated senior center for the city of El Cerrito.

0:16:30You're all invited, and

0:16:33so let's let's continue to to feel good and have good vibes. I know my life will be improved. If I had a little bit more communication from Tessa.

0:16:42Thank you.

0:16:44Our next speaker is Dean Cortez, followed by Lucinda Cassin.

0:16:55Good evening, Mayor. Members of the City Council.

0:16:59I want to speak tonight in support of your proclamation.

0:17:03united against hate.

0:17:06united against Hate Week.

0:17:08I want to begin by quoting the

0:17:10Nobel Prize winning

0:17:13Soviet dissident writer, Alexander Solzhenitsyn, whose masterwork about

0:17:19Stalin's

0:17:24labor camps and concentration camps about Russia

0:17:28in the Gulag Archipelago, he wrote this.

0:17:31the line separating good and evil passes through every human heart.

0:17:38and that's the thing about hate.

0:17:40We are all capable of feeling it

0:17:44acting on it.

0:17:46and we are also all capable of standing up to it.

0:17:50The choice is ours.

0:17:52and I I think it's safe to assume here in El Cerrito, in the Bay Area. Almost everyone agrees. It's wrong to hate someone who looks different than you

0:18:02speaks. A different language

0:18:04has a different sexual preference than you do, or a different religious practice.

0:18:11But it's also wrong to hate someone whose point of view

0:18:14you disagree with.

0:18:16or who stands on the other side of a political divide.

0:18:19And it's particularly easy

0:18:23to demonize someone when you are certain you are right.

0:18:26and that, too, is a form of hatred.

0:18:30So Zenitsyn was reminding us that each of us has within our hearts the capacity for good and the capacity for evil.

0:18:41which is why it's so important to recognize our common humanity as I believe you are all doing tonight with this resolution and not demonize others.

0:18:54That's why it's so critical for us all to stand against hate.

0:18:58So I want to thank you

0:19:01for your steadfast strength and courage

0:19:05throughout this past year

0:19:07against endorsing speech

0:19:10or resolutions that would have divided our city.

0:19:14and over the past year. We all know that the rhetoric of some of the public comments made in this Chamber have been hateful

0:19:25toward the state of Israel toward Jews and towards you.

0:19:30and that may not, I doubt it was the intent of the speakers.

0:19:35but that was the impact.

0:19:37And, as we all know, impact is what matters not intent.

0:19:42We are grateful for your strength.

0:19:45your character.

0:19:47The Jewish community feels you have shown

0:19:51that hate is not welcome in this city.

0:19:55Thank you very much.

0:19:57Thank you. Our next speaker is Lucinda Cassin, followed by El Shahar.

0:20:06I'll be very brief.

0:20:07I just want to second what Dean had to say. Thank you all very much. We really appreciate. You didn't give in to hate.

0:20:18And our last speaker tonight is a Al Shahar.

0:20:23Hi, good evening. My name is a Shaha, and I live in El Cerrito before I grew up in a small city in Israel, in Israel, called the Avre. You might not have heard of it, but it was actually the sanctuary that the Jews took after the destruction of the second temple. After the after the siege by the Rome, Romans bin Zakai started there the

0:20:45the new Jewish leadership

0:20:47I'm very proud to have grown up in in such an old and important city. I was. I was. I've been watching the videos from this Council meeting for the past few months, and I've I've been happy to see that the discussion has calmed down. However, there was one particular

0:21:04voice that I felt compelled me to to come here, and that was a lady who

0:21:09who said

0:21:10he. She talked to about

0:21:13how the mainstream media is indoctrinated and is controlled by money, and for the icing of the cake he called you

0:21:22to listen to the public and not the Zionist

0:21:29the the Zionist something I can't believe. I forgot the quote the Zionist in this room for spreading misinformation, the Zionist in this room.

0:21:38spreading misinformation.

0:21:40That is exactly the kind of language that we've been trying to avoid when we called you not to make a resolution.

0:21:48And that is the kind of language that we've been hearing throughout the Bay area. It's not about the resolution itself. It's the voices that this resolution elevates, and these are the kind of voices that we cannot allow to grow in the Bay area and in this city.

0:22:03And this does not represent us. This is not what we, what we do. It's not like we get get up in the morning. It's like we need to go to war against the Palestinians.

0:22:11My! There was another voice. You know another lady

0:22:14who said at some point

0:22:15we all we ask is a ceasefire who doesn't want a ceasefire, and she's very right, and I wanted to come to get up and hug her.

0:22:22We all want a ceasefire. But this is not. This is about, and all my friends and all my family back in Israel. They're demonstrating for ceasefire. And they're demonstrating to end this war and to release the hostages.

0:22:34And to get rid of the these extreme voices, extreme right voices in the Israeli government, and they are all Zionists. They believe the Jews should live in their ancestral land alongside Palestinians.

0:22:48So so, my friends and my family. I'm not there, but my friend and family. They do the work here, and what I'm asking for

0:22:54the other voices is to do their own work and not come here and not spread the hatred here.

0:23:00because I I totally support this like we should stand against I guess.

0:23:06debate.

0:23:07Thank you so much for the important work that you're doing.

0:23:11Thank you. And may we do have one more, one more speaker, Linda Kane.

0:23:19So since I managed to get to the meeting in person in time for comments. I really want to back up Buddy, what Buddy said, and I'm part of this little ad hoc committee was a little ad hoc committee for the last year, me and Buddy and Jane and a couple of other people. But actually.

0:23:36it's growing. There's actually a number of people in El Cerrito who are maybe not quite seniors, but they can see that they will be, and they want to see a home where seniors can get together in El Cerrito, and it's very thrilling to us that at this moment we discovered the Veterans building

0:23:54has available space a lot of times, and John Joy is supporting our idea of doing that, and will be at our meeting this Thursday and the county owns the building. So it might be a way that we could have an El Cerrito senior center without using city money, which would be very thrilling.

0:24:15And I just want to say I'm 76 this year, and I was just writing a birthday card to another friend who's going to be 76, and I won't be around forever.

0:24:25But I'm still active, and can do stuff with seniors, and encourage them, and and have fun things with them, and when they get better from a stroke. They have a group to come back to and say, Here I am. I'm still here, and I'm I'm glad to see my friends, and we have people who, you know, at Buddy Senior Center on Tuesday. People fix lunch. You know. We're volunteers. We get together and fix lunch. We have a very enthusiastic Ukulele group who you probably heard about

0:24:52and

0:24:54you know, that's just like more people are coming in all the time and participating in our stuff. But if we don't have a senior center

0:25:01we don't have a place to be a community, and maybe somebody said it wasn't useful to have a senior center. I don't know who would say that, but

0:25:08a senior center gives us. You know. We used to go to work. I used to go to work every day. I had trouble getting to the meetings here and now. I have a place as a senior to go locally and meet local people and see what's going on, and participate in something positive. And one of the things that I would like to see as a positive step would be

0:25:30return of a senior center which meant so much to us in the past, and would mean a lot again in the future. So I hope, if you can figure out ways that you could support it without

0:25:41going into the red for the city budget. Please please continue to think of a senior center as a positive, important thing for anybody who's 55 and up, maybe even some of you are, or will be sometime soon. So yeah, think about it. We'll all be seniors if we're lucky enough to stay. So that's it. Thank you.

0:26:03Thank you. That concludes our request to speak, Mayor.

0:26:06Thank you so much for everyone's comments.

0:26:08All right. We don't have any presentations tonight. So we're going to move to the adoption of the consent calendar.

0:26:13It includes the following items.

0:26:16item, a Hispanic heritage. Proclamation. Item B. Suicide, prevention, awareness, proclamation. Item C. United against hate. Week, item d. Monthly, disbursement and check register. Report for August 24th

0:26:30item E, second, reading and adoption of an ordinance, reauthorize an existing transaction, and use tax to be administered by the California Department of tax and Fee Administration. That was a very long sentence

0:26:42and item F spending authority for certain vendors expected to exceed 45,000 in fiscal year 2425

0:26:49item G. Consulting services agreement for on-call engineering and project management services. Item H. Resolution to amend the city's classification plan.

0:27:00Would anyone like to pull an item?

0:27:05I'd like to include for item a. I have something.

0:27:08Do you have anything councilmember? Motoyama? I just have a

0:27:13a question or just a request for a summary. So I don't know if I should

0:27:19whole.

0:27:22item E or not, I just wanna

0:27:26have that question addressed. Okay, we can.

0:27:29You could. You can go ahead and ask the question and then move the consent. Calendar. Okay, alright. For the Hispanic Heritage Proclamation. When I gave it a red one of the things that was missing was for Hispanic folks of African descent.

0:27:43So I just want to make sure that that is included in the language. So we have American citizens whose ancestors came from Spain, Mexico, Caribbean, Central and South America. I'd also like to include Africa for

0:27:54for Afro and Papro Hispanic folks

0:28:02alright.

0:28:03and then would that have to be voted on separately? If there's an amendment we can. No, we can just move the consent. Calendar with modification, as suggested on.

0:28:11item A, and then

0:28:14Council Member Motoyama can ask her question on E, all right. And for item, E, okay, thank you, Mayor, I just want to

0:28:21have

0:28:23city manager just

0:28:25unequivocally explain that this is not a new tax

0:28:29cause. I I do get that question or that comment a lot that. Oh, you're you're adding a new tax, and I know we've gone over this multiple times, and there's been material sent out. But I just want to super.

0:28:42you know, clarify that this is an extension, so can you please.

0:28:47I am happy to verify that this is an extension of the current tax that was passed as measure R in 2,014. It does not increase taxes, it is a sales tax, it is not a property tax, so therefore it is paid by anyone who shops, eats and buys, purchases, goods, or services in El Cerrito that are subject to sales tax.

0:29:11It is not a new tax, and it is not an increase in taxes. Thank you.

0:29:17All right.

0:29:19I would move the consent. Calendar second.

0:29:21all right. Moved by Fidelli with the

0:29:25the edit to item A, and seconded by Motoyama. All those in favor, please say aye, aye, any opposed motion carries. Thank you so much.

0:29:36Alright. We're going to move on to item 8 public hearings. We have fire, hazard, abatement.

0:29:44Please note that there's a revised exhibit A for this item that was included in the supplemental packet.

0:29:49May we please have a staff report?

0:29:51Good evening, Mayor and City Council members. I'm Chase Beckman, your fire marshal.

0:29:55I'm here tonight to introduce a resolution declaring identified properties within the city of El Cerrito as public nuisances for the purpose of abatement. The specific properties are listed before you

0:30:07on exhibit a

0:30:08thank you for your time. I'm here to answer any questions you may have

0:30:10right, any questions from the council.

0:30:15I see n1. 0, yep, councilmember Fideli. Hi, Chase, how are you? The last time we talked about the one that was on 101 Arlington and I got the address wrong, and now I see it's back on. Is there any update on that you want to give? We're going back through the process. There was no good response from a measure X at this point. So we're pursuing the abatement process.

0:30:39Very good, and then we'll see when's the next step again? Will this be the next council meeting that we see if some of these have been taken off again. We'll have a second letter sent out as soon as tomorrow, identifying that they were declared.

0:30:54and they would then have another timeframe to complete that abatement.

0:30:59And then, once that is or is not done, we would go to abatement. Great. Thank you very much, Sir

0:31:07Councilmembertoyama. Just a comment that you know I really appreciate that

0:31:11people when they get the letter act. And so we. We always come to this point every year where it's down to just a couple of properties. And so it's clear that the abatement process is working really well, so thank you.

0:31:25Alright.

0:31:27So this is a little bit kind of administrative. So

0:31:31before the public hearings open, do I have a motion to approve the resolution declaring identified properties with the Revised exhibit. A

0:31:40so moved moved by Quinto.

0:31:42second seconded by Motoyama, all those in favor, please say aye, aye, aye, any opposed motion carries right.

0:31:49The public hearing is now open. Now is the time for members of the public who wish to provide public comments regarding this item. Do we have any public comment on this item? We do not have any speakers. All right.

0:32:03Do I have a motion to close the public hearing all right. Moved by Quinto, seconded by Fidelli.

0:32:10all those in favor, please say aye, aye, any opposed motion carries any council comments?

0:32:17Do I have a motion to approve

0:32:20the resolution overriding objections.

0:32:23I'll move. Moved by Motoyama.

0:32:26second seconded by Fidelli. All those in favor, please say aye, aye, any opposed motion carries thank you so much.

0:32:34Right?

0:32:35Thank you so much. The next item is development agreement for the 1715 Elm Street project.

0:32:45Yeah. Our planning manager making his way down. It's been a long time. How are you? Great suit?

0:32:57Thanks.

0:33:03Good evening, Mayor Rednick. Council members. I'm Sean Moss, the city's planning manager.

0:33:08So we're here tonight to consider a new development agreement for the 1715 Elm Street project.

0:33:16I'm gonna start by giving you a little bit of background on the project. It it occurred to me that I think 3 of you have were not on the Council when any previous actions were taken on this project. So to give you a little bit of background.

0:33:34the project that we're considering. 1715 Elm Street.

0:33:39the application for this project was originally submitted in 2,005.

0:33:45The project was

0:33:47oh.

0:33:48the project was approved in 2014.

0:33:53So it's been a very complicated project for a variety of reasons. Most projects do not take

0:34:00do not take 20 years to complete construction of

0:34:04or 10 years to entitle, for that matter. Anyway, it was approved in 2,014. The entitlements, the actions at that time included adoption of a Ceqa document, a mitigated neck. Negative declaration.

0:34:21a zoning amendment to permit the the Pd zoning designation that's planned development zoning designation.

0:34:28a a use permit a plan development use permit which is required for the Pd. Zoning

0:34:34a development agreement and design review.

0:34:40The

0:34:42ownership of the project changed a couple of times in the intervening years, and building permits were finally issued for the project. That's actually a typo. It was actually in 2021 and 2022

0:34:58this is the site. So you'll see the street located at the bottom of the screen in front of the project is Elm Street. This is just north of you can kind of see on the

0:35:09on the left of the image is the intersection of elm.

0:35:13It's where elm hits Blake and kind of elm and Richmond meet there. It's Rich Richmond on the far side of the intersection, and

0:35:22on this side of the intersection

0:35:25so you can see that that red outline kind of shows where the site is located.

0:35:30This was the original site condition of the site. You can see it was a it's a the site is over 18,000 square feet. There was originally a historic house located right in the center of the property. You can see just to the left of that house you kind of see a line that moves from the street to the back of the site. That is, a creek that is contained in an existing open rock line channel.

0:36:03So the project description. The project includes 14 condominium units

0:36:08it also includes relocation of the historic house. So I'll show you the site plan in a minute. You'll see how the the historic house was relocated from one side of the creek channel to the other side to allow for a space to develop the 14 condo unit building.

0:36:23Also includes a common open space for the residents and for the use of the historic house.

0:36:30The preserves, the creek in the existing channel.

0:36:35That required what's called a Jarpo permit, which is a a joint aquatic

0:36:41Oh, man, I just knew it's in my notes. I can't see my notes up here at the podium. Sorry? Anyway, it's a it's sort of this regional joint. Permit.

0:36:52that is, when you're dealing with

0:36:55modifications to, or preservation of a existing wetland or or aquatic resource. It's a permit that you apply for through various different agencies, the Army Corps of Engineers, the Water Quality control board, etc.

0:37:11It's a complicated process, and that that this project had to go through that process because of the presence of the creek

0:37:18and another component of the project is that the city is permitted a lease of the existing historic structure for $1 for 99 years.

0:37:30And the city is allowed, under the development agreement, to sublease that house to a non nonprofit organization.

0:37:39So I'll I'll just add there to the excuse me, staff anticipates returning to the city council. In the coming months with a process developed to evaluate potential uses and or users for that existing structure.

0:37:59So this is the site plan. So you can see there on now, on the right side of your screen, the existing structure that has been relocated from the the center of the property to the the south side of the property. I know the the orientation is a little bit off in this image.

0:38:15but that's the south side of the property.

0:38:18And you can see the

0:38:21The other building is the 14 unit Condo building.

0:38:24and then you can see the the common open space areas. In, well, here, actually, these areas are the common open space areas.

0:38:38These are elevations for the building. So on the left you can see the the existing relocated structure.

0:38:46On the right you can see the the new 14 unit condo building.

0:38:54So the development agreement. The reason there is a development agreement is that it is actually required by the zoning ordinance. When a a planned development zoning is approved for a project.

0:39:06So the original development agreement was adopted in 2014, as I said, with the approval of the project. It originally had a 5 year term, so it was extended since construction had not begun by 2,019 the City Council acted it towards the end of 2,019, to extend the development agreement for an additional 5 year term.

0:39:31At that time the development agreement was further amended. To make the project subject to the city's inclusionary zoning ordinance which had actually, I think, had been adopted in the intervening time since the project had been approved.

0:39:47And at any rate the the project was not originally subject to it. And so the development agreement was amended to require that.

0:39:59So here we are now 5 years later, in 2024 the development agreement was set to expire.

0:40:09There were kind of some complicating factors. As I said, there have been a couple of ownership changes in the project in the intervening years, and as a result the responsibilities of the original applicant, the the Edward and Loretta Biggs Trust.

0:40:27was never were never assigned to the subsequent owners, and so

0:40:35and there have been changes in that trust. People have passed away in the intervening years. And so it wasn't it? Wasn't really a possibility to go back and have those responsibilities reassigned to the current owner. So as a result, we're asking you tonight to adopt a new development agreement. With a new 5 Year term

0:41:03and so therefore it has new parties. So the the current the current owner, S and H. Elm Street, Llc. And the city would be the parties to the development agreement

0:41:15and it would have a new 5 Year term starting. I believe. Well, whenever you, whenever you adopt it, I think it would actually go into effect in November.

0:41:24And it otherwise. It has the same exact terms as the amended 24 2,019 development agreement.

0:41:34So that concludes my presentation, there's 1 of the attachments in your to the Agenda bill was a detailed chronology.

0:41:43I didn't, you know, go into the details of that chronology in this presentation, but if you have any specific questions, I'm I'm happy to answer them

0:41:51any questions. All right.

0:41:54Thank you for the presentation.

0:41:57and I just want to understand like, when is it going to be done, because it seems pretty close to done. And I know that this extension is just because of this small lapse in time. So how close to being on sale. Are these condos? Yeah. Good question. And I believe the the

0:42:17I believe the developer contractor is present tonight on zoom. Is that right, Holly? Do you see somebody?

0:42:26Harmeet or pritpal? Yeah.

0:42:29I need to pull them up. Okay, all right. So they are also available on zoom and can maybe address that more specifically. But yes, they're they're getting fairly close.

0:42:39The they've had some hangups with Pg, and e

0:42:44my understanding is that, despite

0:42:47despite kind of

0:42:50everyone's best

0:42:52intentions to alert them to it, Pg, and E. Was not initially aware of the creek on the site, and so there's a need for the utilities to somehow transverse the creek. And so they've had to kind of go back and and re evaluate the plans. And so that's kind of causing some of the delay.

0:43:12And as a result, the

0:43:14the builder has told us that they're they're not

0:43:19you know. They haven't put appliances in the units yet, because they don't want, you know they won't want those appliances to be damaged or the warranties to be voided while they're while they're waiting for these kind of final sign off items. So we're we're hopeful, he, he the applicant said. They're hopeful in the next 3 to 4 months that they

0:43:39could wrap everything up.

0:43:42We'll we'll see. I mean, they're they're constantly in touch with our with our building inspectors.

0:43:47So i i i you know we'll we'll see if that's realistic. But but at any rate they're they're getting very close.

0:43:55Harmeet: Yes. Oh.

0:43:57Sean, can I add something, please?

0:44:01This is the hermit here. I'm the developer and the owner of this property. Please.

0:44:10Yes, go! Go ahead, Tommy. We can hear you.

0:44:12Harmeet: We just got the approval from Pg. And D yesterday.

0:44:16We are going to proceed with the work now.

0:44:19and I think so. 3 to 4 maximum months, and we should be done with the project.

0:44:27Congratulations.

0:44:28Harmeet: Thank you. Thank you very much.

0:44:30Any other question. Yes, one other question, how will the below market rate? The 2 units be marketed?

0:44:40Yeah. Good question.

0:44:43And I I think I'll have to circle back with you on that. I'll have to.

0:44:47I have to get with Isa and find out we haven't

0:44:51we haven't yet.

0:44:54you know this kind of a 1st a 1st for us that we would have for sale.

0:44:59Below market rate units which is, it's a very exciting opportunity. But given that we haven't done it before. I'm not sure exactly what the what the procedure for marketing them is.

0:45:11Thank you.

0:45:13Councilmember Fidelli. Yeah.

0:45:16thank thank you. It's great to hear about the the progress. Actually.

0:45:20when I was considering running for council, I came in 2014 and 15

0:45:26to the Council chambers, and there was a lot of Elm Street, 1715, Elm Street discussed, and I never thought that I would be done with the council before this project was done. But it's good to see that there's progress.

0:45:39I was. I've always been interested, and I told the city manager this in the historic house.

0:45:45It looks great. I snuck in there once without city staff and looked at it.

0:45:50and it's a perfect little thing for the north side of our city, for poetry, readings, photography, historic

0:45:59society. So I'd be really interested and really happy to see this city move on making that useful. It may take a little staff time, but I think it's really advantageous to have that as an asset in the city. It's really a nice little thing. The last question question I had was, Is there any? And maybe the developer knows what is the price range of the the market rate.

0:46:23Can you talk about that now, or is that something that's not been determined.

0:46:28Harmeet: 5 million dollars apiece will be fine.

0:46:30I'm sorry. 1 million

0:46:33the unit I'm so long, I mean I must be good any.

0:46:39Harmeet: So I I still haven't so scared about Pg. And D. They were giving me. They have delayed the project for more than a year.

0:46:47So many a people they ask me, and I know the market changes with every

0:46:52a quarter percent of the interest the way the things are going right now. But I think so. End of this year

0:47:01we should be able to put some numbers together. But my rough estimate is close to

0:47:05somewhere between 800 to 1 million dollars apiece.

0:47:09That's what my very rough estimate but

0:47:16but that's where I think so. The price should be. But I'm not 100% sure. I'll be talking to some realtors to to get the right price for these.

0:47:26Thank you very much.

0:47:27And I add also that we we plan on coordinating with Harmeet to organize a tour of the structure for the council, so that you can see it without having to break into it.

0:47:42and.

0:47:42Harmeet: Just give us 3 or 4 more weeks. We are pushing it now.

0:47:46every single thing, and we promise you you will really like it when it's done.

0:47:54Thank you. Another question before we get comments so for the historical structure, it was good to see the breakdown about that, you know, 99 cent or $1 99 years, have we? And at this point it wasn't in the Chronology engaged with the El Credo Historical Society on the the future of this is this, are we looking for a partnership with the Historical Society?

0:48:18They seem like a natural partner, and I know that their leadership has reached out to at least the council a lot to see about what that would look like.

0:48:26Yeah. So a couple of things. So one. So on a sort of related issue. There's a condition of approval on the project that the applicant and the applicant already did this. They? They set aside of a few $1,000, I think, for to develop historical plaques that will go on the on the house. And so we've reached out to the Historical Society to develop those.

0:48:53In addition, the Historical Society has actually reached out to the city with kind of interest in what's happening with regard to the house? What the our intention, as I said earlier, is, is to develop a process like something like a like a request for proposals.

0:49:11where various groups that were interested could submit proposals for the the ongoing use of of that house. So we'll be coming back to the to the Council with that.

0:49:22Thank you. I'm very interested in what that would look like. Thank you. So

0:49:27we're going to go through the ministerial

0:49:29process, and then we'll get to comments. So I'm going to hit that gavel.

0:49:33Public hearing is now open. Now is time for members of the public who wish to provide public comment.

0:49:39Do we have any public comment on this item? We do not, Mayor Nope, we don't.

0:49:43All right. We have a motion to close the public hearing. All right. Moved by Quinto, second seconded by Motoyama, all those in favor, please say aye, aye, any opposed motion carries. All right. Now we'll move to Council Comments and Council Member Quinto had a comment.

0:49:57I'm

0:49:58my comments about this project that it's about time. I cannot tell you so many meetings that I've been a part of on this project 2,01420 15, and to hear how contentious it was back then, and fast forward to today to see finally that it it looks fantastic.

0:50:23and

0:50:25I see a lot of my neighbors looking and driving through, back and forth every day, and I I see it at least once or twice a day. So I'm quite proud of the ownership, and

0:50:40developers. Who you know hung in there because a lot of it. It was difficult to get this through. And looking through and remembering 2,01420, 15, and before that 2,005.

0:50:55What was the big deal about this? We need housing? Why should it take this long and

0:51:02so finally, one of these projects that we've been talking about for many, many years has come to an fruition, and it looks fantastic. I look forward to the opening and of that, and and to see a nonprofit

0:51:18work with us in the future of the older building not much of a building, but it is the original building that was there originally. I remember the the talk about that little creek.

0:51:34and how contentious the whole creek was and people saying not to build there.

0:51:42Yeah, I'm thinking about Council Member Rebecca Benassini, and and what she had to go through, and our past council members and mayors had to go through supporting this. So

0:51:55So looking at this now, and seeing that the how much we need this type of housing. It's about time. And I say, congratulations to everybody, especially the owners, the developers, the builders, and this brand new generation of Elsaritans that are excited about the possibility about purchasing and moving in. So again, congratulations.

0:52:21any other comments.

0:52:24All right.

0:52:26Do I have a motion to approve.

0:52:28I'll move. Move by Motoyama.

0:52:31Second, seconded by Quinto. All those in favor, please say aye, aye, any opposed motion carries all right. We move on to item 8 policy matters. Item, a. Okay. 9,

0:52:439, a police equipment and service agreement with Axon. Incorporated. Hi, Chief, how are you

0:52:49doing? Great? Thank you great to see you.

0:52:51I've got a Powerpoint presentation, so let me get that queued up.

0:52:56Oh, thanks. So good evening counsel. I'm Paul Keith, your chief of police

0:53:01here to talk to you about an Axon purchase agreement.

0:53:05Eventually

0:53:07I'll start talking while it loads up. So currently we contract with axon for a couple of different services. The 1st thing is a we use taser devices that are manufactured by Axon.

0:53:19We don't have a service contract for those we pay for those on an individual basis.

0:53:24So each year we replace about 5 of those devices to make sure that we're cycling obsolete equipment out of our inventory.

0:53:33So our annual cost for updating our taser devices is around $7,700.

0:53:39We began deploying those devices back in 2,005 to 2,006.

0:53:44They're tremendous aid to our officers out on the street.

0:53:47The other item that we have a agreement with axon on is our body worn cameras. So back in 2,017 we entered into a contract with Axon to provide body worn cameras.

0:54:00Now the axon body. Worn camera contract is very similar to a lot of contracts we see in the police world now, so we don't purchase the cameras individually. Instead, we sign a multi year agreement with Axon. They provide us with the cameras, and then they also provide us with the service to store our digital evidence.

0:54:18So our current price for our body worn camera agreement is just under $45,000 a year.

0:54:25So in total, we're spending around $52,000 a year on Axon produced equipment and services.

0:54:32Now the current body worn camera contract that we are operating under expires this December

0:54:38after December. If we want to continue using axon for body worn cameras and continue using their evidence service for our digital evidence. We're going to need to sign a new contract.

0:54:48Fortunately.

0:54:49the current price that we have is no longer available.

0:54:52So costs have gone up in the body worn camera world, and the new contract is significantly higher.

0:54:59So let's talk about what the new agreement looks like.

0:55:03So the cost structure on the agreement before you today, it's a 5 year agreement.

0:55:07The annual costs have a range between

0:55:12$156,712 and 74 cents, and $157,000,

0:55:18$157,000 a year is more of the typical cost we're going to pay. The 1st year cost is that 1 56 number. The following 4 years are the 1 57 number.

0:55:28Total cost of the agreement is $785,000, $193. Sorry, $785,193 and 5 cents

0:55:38now, because this agreement represents a bundling of multiple different products and services. There are some savings that Axon is representing by going with a bundled program. So the total savings from bundling multiple services together.

0:55:52it's $195,546 and 10 cents, and that's already included in that agreement price. So that

0:56:01highlighted

0:56:02total agreement cost is what we will pay over the course of 5 years if we enter into this agreement.

0:56:09So let's talk about the service services and equipment that are provided by the agreement

0:56:13the new agreement would be a 5 year agreement. It would provide body worn cameras for all of our field officers

0:56:20would provide taser 10 devices which are an upgraded taser device over that which we currently use

0:56:26provide continued support for evidence.com, which is our digital evidence service.

0:56:32It would provide in-car cameras for our police fleet.

0:56:36Now, these cameras would have

0:56:38additional functionality over just recording police contacts. They would also have a license plate reading component so that the car, while and while the camera is active, would be continually scanning license plates just like our stationary flock cameras do right now.

0:56:54So it'd be basically adding additional

0:56:57license plate reader cameras to our current system. Only these are going to be mobile.

0:57:03taking pictures of license plates while the cars drive around.

0:57:06Another function of that in car camera is that it is both a forward facing camera and a rear facing camera. So the forward facing camera gets activated under a number of situations. But most commonly.

0:57:17when the light bar gets turned on into emergency mode, or when the car exceeds a certain speed, and that speed threshold is something that we can control. So we can say, maybe 80 miles per hour is our speed threshold, for when the camera turns on, maybe it's 100. It's probably less than 100, I can tell you that we haven't decided on exactly where that threshold is.

0:57:36But there will be a threat, a speed threshold as well. There's also interior things to the car. When doors open, the camera can turn on and start recording the interior of the car.

0:57:44The nice part about having an in car camera is that it can provide very important evidence, just like our body. Worn cameras provide

0:57:52of what the car is doing and what the car is involved in. We're involved in a police pursuit as an example, it's going to be an excellent evidentiary record of the actions our officers took during the pursuit, as well as the actions of the suspect vehicle.

0:58:04were involved in a Dui investigation. Be a great record of the driving exhibited by the suspect's vehicle. That could help in a prosecution in court.

0:58:13When we take people into custody and we transport them in our vehicles, we can provide an evidentiary record of the behavior of the person in the back seat as well as behavior of our officers as they were taking people into custody and transporting them.

0:58:24So it works on both the

0:58:27accountability side for our department as well as the criminal prosecution side for the people that we come in contact with.

0:58:34Another feature that's included in the proposed agreement is Axon community request.

0:58:40So this is the ability for an officer conducting an investigation to seamlessly and easily get digital evidence from a community member.

0:58:50This it's not uncommon that our officers will be out in the aftermath of a crime doing a neighborhood canvas and discover that a resident has digital video evidence of a crime.

0:59:00So with community requests, we're able to give that person a QR code so that they can directly upload their evidence, their video of the crime to our digital evidence server.

0:59:11So it eliminates the need for somebody to

0:59:14have to get out a thumb drive and click up into their system or try to send us an email. It can go straight into the system with an evidence record of where it came from.

0:59:24The other component. That's in this agreement is axon auto tagging.

0:59:28So let me talk about the process of

0:59:32dealing with the body worn camera today and also in car camera today. So without auto tagging, an officer is out on the street and they turn on their camera because they're doing an enforcement stop. Maybe a traffic stop and they turn on their camera because they're contacting a victim in a crime or they turn on their camera because they're having an adverse contact with somebody. They turn on their camera for a number of reasons, and they may turn on their camera multiple times a day. That's common.

0:59:58At the end of the day they have to connect all of those different recordings with all of the things they did during the day.

1:00:04So they had to say, Okay, I was on a traffic stop. What is the incident number for that traffic stop. I need to find the video I needed to get the video and connect it with that traffic stop, and oftentimes it involves them bringing up our

1:00:16dispatch system or dispatch and records program on one side and the Axon access point on the other, and going from one to the other. This is the number. This is the number. It doesn't necessarily take a mountain of time, but it's something that could take 10 to 15 min each day for each of our officers out on the street.

1:00:33So that time adds up

1:00:35it adds up for our patrol officers.

1:00:38If you think there's if you consider there's 6 people working on a typical shift.

1:00:42each one spending about 15 min, about an hour and a half of every shift that is being spent.

1:00:48Accessing these

1:00:50document, accessing these records and putting in the correct numbers. And on a typical day, that's 3 HA day. So just doing the math. That's about 1,000 HA year that officers spend

1:01:00going through and cataloging these videos correctly.

1:01:04What auto tagging does is axon connects with Mark 43. Our dispatch and records provider and will automatically detect. If you put yourself on the incident when you turn it on, it will connect that video to the incident and automatically.

1:01:19add the information into the video. So that is connected with the incident all the way through, and it'll do it, not just for you. But every officer is on the same call.

1:01:28The same goes for in car cameras. Imagine that if every time you're opening your door there's a lot of records being created, and most of them are not going to have evidentiary value. But when you're on a call and assigned to a call, when you're doing those activities. It's gonna automatically tag those records to the call that you're on. So it'll know that you're doing a prisoner transfer. The video of the prisoner transport is connected to this case where an arrest was made.

1:01:54So it is a time saving feature. The other thing it helps with is on the back end when a detective is trying to make sure they have all the videos for the case.

1:02:02Sometimes, you know, an extra 0 will get added by an officer doing a typo, and I'm going to notify you of a typo I made in my staff report just as an example. I didn't do it on purpose, though. But maybe an officer adds an extra 0 in a case number. Well, detective has to go through all the video. All the officers videos figure out which is the video that's supposed to be there connected to the case so that we can get have all the videos available for a prosecution.

1:02:25So it is a big time saver.

1:02:28And if you're curious about that typo is on page 1, 27,

1:02:33there is a chart at the bottom of that page that represents the current amount that we spend in a year versus what we would spend under the contract. The correct number under the agreement price would be a hundred $57,000, 120

1:02:47and 7 cents.

1:02:49So for the record.

1:02:52let's talk about these devices.

1:02:54So some of these services. You know, they're software based. So I don't have pictures of them. But here's a body worn camera. This is the current generation of body worn cameras very similar to what we currently wear. That big round button is actually a button to turn it on the smaller circle. That is, the camera itself.

1:03:12The nice thing about these modern cameras is there's some settings we could activate under the new agreement where, just as an example, if one officer turns on the camera. The camera will recognize whether there's other cameras around and can turn on everybody else's camera at the same time.

1:03:29Just pretty pretty neat.

1:03:33There's another feature. You can turn on with the taser that if that taser device which is on the screen now, if that leaves the holster, it turns on the camera and it turns on everybody else's camera as well.

1:03:44So some pretty

1:03:47amazing new features to really make sure you're capturing a whole picture of it. Case somebody maybe hadn't turned on their camera yet.

1:03:55This is a picture of what the in car camera looks like. It's a fairly unobtrusive device. It basically sits next to the rear view mirror. This is the front of the camera. So there's

1:04:05there's actually 2 lenses there. One lens is the basically recording when the emergency equipment is turned on the other lens is a license plate reading camera that's taking snapshots of license plates.

1:04:17What's not pictured on. Here is the camera that faces to the reverse, but the camera faces the reverse kind of has a fish eye lens, so it captures the front seats and the rear seat of the vehicle.

1:04:29So

1:04:30working, continuing to work with axon does come with some very important integrations that are already in place.

1:04:37The 1st one is the auto tagging feature. They already have a programmed enter Int programmed integration with Mark 43, which was our

1:04:47computer, aided dispatch and records management system.

1:04:51They have an integration with flock safety. So that is the vendor that we use for license plate readers, which means that all of the license plate captured by the Axon Alpr function will automatically upload to flock safety and be in that same database under the same rules that we house our current data. So the license plate reading data will only be there for 30 days and then will be automatically deleted

1:05:17anytime an officer searches for data. It creates an audit trail, so we'll be able to monitor how officers are using the database.

1:05:25So there's no additional steps that we need to take to make our the automated license plate reading function work correctly. For us.

1:05:35The other really important integration is with the Contra Costa County district attorney's office. So within the last 5 years they created their own account with Evidencecom, and the nice part of that is, it allows them to access the digital files of most of the agencies in the county. Any agency in the county that's on Evidencecom, the district attorney's office can go directly to those digital repositories and take the evidence and review the evidence for the cases that are before them.

1:06:03It keeps us from having to make. You know Dvds back in the old day or thumb drives and be constantly passing these things back and forth. It also creates a chain of evidence. So the district attorney knows every attorney that has accessed the file.

1:06:17And we also have a chain of evidence on whose access files, as you can imagine. Sometimes there are very sensitive recordings that officers record in the course of their duties.

1:06:27So that is an overview of the agreement.

1:06:30See? I'm available for questions. Now, I didn't come today to

1:06:35extol all of the virtues of license plate readers. But if you'd like me to do that, I can do that I do want to point out as we were

1:06:43preparing to put this, bring this before you. We held some public meetings, so we held a public meeting in August.

1:06:50and advertised it as a meeting primarily about license plate reading cameras. I don't think in car cameras are that controversial, but license plate reading cameras are things of public interest. It was not only about the Axon agreement, but it was also about future uses of Alpr for parking enforcement.

1:07:06The meeting was attended, which is always a great thing. People showed up. We had great questions and good discussion. Nobody expressed open opposition to it, although some people expressed some concerns about reporting times, things that we've previously discussed with our current fox system.

1:07:22The some of the things we highlighted were some of the stats for the system as well as the public transparency portal, which is something that is new. Since we

1:07:32began the system last year. So about 9 months ago, we turned on the transparency portal. So any member of the public can go. They just type in el cerrito flock transparency takes you to a link that shows you basically a 30 day snapshot of usage of the system. It'll tell you how many vehicles were scanned.

1:07:49How many hits the system recorded, how many times our officers have accessed it! And not only that, you can open up a spreadsheet that tells you in the last 30 days

1:07:57all the different reasons that officers have access and search data. It tells you, you know, sometimes it's a pursuit, sometimes it's connection to a crime.

1:08:06So we had that meeting in August, and we also did a presentation for the Community Safety Committee

1:08:12and talk to them about both the Axon agreement and plans to use Alpr for parking enforcement, and they

1:08:20they voted to be in support of continuing to expand our use of license plate reading cameras on mobile platforms like in the Axon agreement and in parking enforcement. So they were supportive of

1:08:34both. The Axon agreement itself understanding. There's

1:08:38financial consequences.

1:08:40And also the use of Alpr for parking enforcement, which isn't before you today, but may come up later.

1:08:46Okay? So I think I've hit on a lot of things. If you have questions I'm happy to answer them. Thank you very much, chief. Any questions. I'll start the side of the room.

1:08:55Yes, about the flock system that you just talked about the public transparency. Do you all have the back end data of how often that is accessed by the public.

1:09:05No, I don't know. No, I don't know that we see that part of it.

1:09:09and I will say that

1:09:10on the transparency portal. If you click the, you know the audit link. That shows you all the different reasons people access data we have access to, you know, all the way from the start why people have searched for cars, or you know the reasons they put in and what was access. So we do have a bigger record. But the last 30 days is basically what we put up on.

1:09:32And and just remind me so since it has the integrated flock system, does that mean that the the footage from the body worn camera is also accessible through the public public transparency portal? No, the body worn camera is goes to our evidence. Server gotcha. Okay, and I will say one other

1:09:50part of the Alpr portion of it. That I didn't cover so with the Alpr being integrated into the in car camera

1:10:00when that system sees a plate that's on the hot list. So this is a license plate that maybe it's a car that's reported stolen. Maybe it's a felony vehicle because it was involved in a robbery. Maybe it's a vehicle of a missing person or an endangered person. If it sees a vehicle from that hot list, it'll alert the officer in the car like that's a hot list vehicle. So right now, if an officer is driving behind a stolen car, they may very well not know it.

1:10:25With this system, if the car has been restored, stolen, a license plate is in the system. It's going to alert the officer. Hey? This car is a car on the hot list. Investigate the plate, and it'll give them. It'll prompt them to take, you know.

1:10:37and further investigative action. But it may also be an officer safety issue as well. It's nice to know if you're behind a car. This wanted in a robbery as an example. And one last question. So I know you said that it automatically activates. If the taser is deployed, does it do the same thing if a real gun is deployed?

1:10:55So there are holsters like that out there, so that is a an option for pieces of equipment in the future. We didn't explore that with this. It's it is costly.

1:11:04But it is something that it is something that's out there that we're considering.

1:11:08Thank you

1:11:10questions.

1:11:11Thank you, Mayor, and thank you, Chief, for the the presentation. I have a question that kind of falls. On. What Vice Mayor Weisinger asked, is, when you look at that transparency portal. Can you tell when other agencies are trying to access our data?

1:11:29And what that's for.

1:11:31So it is an audit of every search of our data.

1:11:35So the audit should also represent their inquiries.

1:11:40On the

1:11:41on the spreadsheet. But I have to. I'll have to go check and confirm that their inquiries also pop up on there. Okay, cause I think that was one of the concerns I had when we started this of how this data could be used, particularly by people out of State. And I think you said that it can't be used by anybody outside of California. Right? You don't share with anybody outside of California.

1:12:03And the portal also shows all the agencies that we do share with. Okay?

1:12:08And then my other question was, I think it sounds great that we're saving a thousand hours a year.

1:12:15So what does you know? This is

1:12:18triple the costs that we were paying before. So do we get.

1:12:22I would hope we get triple the benefits. So does this mean like

1:12:26we have reduced overtime that we have bicycle patrol the Greenway in lieu of having to do extra paper. What does this mean in terms of value back to us. In preparation for this, I was wondering how I could work in bicycle patrol on the Greenway into the Axon agreement.

1:12:45So it will save overtime from time to time. Now, mostly officers are doing their tagging during the course of their normal shift.

1:12:53But there are some days where, you know tagging is occurring during overtime. And so we are saving, you know, maybe that extra 15 min of overtime that we wouldn't have to otherwise spend. Have that officer pay that officer to do that?

1:13:06Now it is roughly triple the cost. But when I in the chart where I've

1:13:12pointed out the typo.

1:13:14One of the challenges we're facing is that the cost of the body worn camera product itself is about doubled.

1:13:19So about

1:13:21you know, 2 thirds of that increased cost is just that body worn new body, worn camera and evidencecom contract. The

1:13:29the in car cameras are less than a 3rd of the cost.

1:13:34So I would say that the the in car cameras is really the biggest thing that we're adding on. And it is a significant amount of money, but I think that

1:13:43the

1:13:45the ability to have that evidence for prosecutions.

1:13:49or really to have the the video to demonstrate in a civil action that our officers did exactly what they said they did, and that they followed policy, and that they followed law to protect us in civil prosecutions.

1:14:02The kind of the benefit that that gives to the city is a tremendous value that isn't necessarily represented there.

1:14:10You know what for?

1:14:11For 37 ish $1,000 a year, I think. That's a lot of peace of mind that we get to defend against future prosecutions, or to find an officer that is doing something incorrect, and maybe they need to be separated from our agency to save us heartache down the road.

1:14:28Thank you.

1:14:29Thank councilmember. Fideli.

1:14:33Yeah, thank you, chief. I I remember a time when we were all considering whether cameras, body cameras were good.

1:14:41and I think it's been proven.

1:14:43or the police, and for any accused that

1:14:47they work. And they're important for justice and other reasons.

1:14:52and this system sounds great on a lot of fronts, a lot of saving of time accuracy. And I noticed on the the analysis says, and this is what every council member loves to see is the current fiscal year budget includes funding up for this agreement. So we've already paid for this. We've already. We've already

1:15:13approve this. We've already planned for this purchase. Okay? And represented that in the budget. And and we approved that budget. We did. Yeah, so this is paid for. Okay, so it's not a matter of the cost and spending. We've already done that

1:15:27and I and I had a couple, and I think and I think, Wow.

1:15:31this is important. Ia couple of questions, more more technical questions.

1:15:36The license plates in the car.

1:15:39You're saying it doesn't impact our stationary license plate readers. It's just additional information.

1:15:46Exactly. So. The license plate hits will be a bit different than what we get. Currently, currently, you know. Tell us the camera and the direction. So the records generated by the in car Alpr. Will give us like a GPS location and a picture of the car.

1:16:02So it may be, and you know this has certainly happened before that

1:16:06an officer drove by the scene of the crime, not realizing the crime was occurring, may have caught a license plate

1:16:13as they drove by, so we'll be able to look at, you know, and then they say, Oh, it was a white, you know, acura. We don't have a license plate, but the car happened to drive by, so we might be able to get suspect information from that license plate. Reader.

1:16:25Another way that I've seen these used in the past. If you think of a homicide investigation that occurs in a business district, agencies have used their license plate, reading cars to do a quick drive around the block and through any parking lots, so that it takes a picture of every car present.

1:16:41Not just for suspect vehicles, but for potential witness vehicles, so that we know who is actually at the scene. And if people leave the scene after the shooting happens, or after the homicide happens, we can have a an avenue to find out who is there and follow up with them later and hopefully get important information about the case. Okay? Good. So

1:17:04this contract means newer body cameras, too. Is that right? Yes. What happens to the old ones? Are they still usable? What are they? Are they still in use? Does it mean we have more body cameras, or what do we get a rebate or so? There is a rebate of a return of equipment in Year One. It has to do with the the tasers going back. So you were smiling. So I'm wondering what.

1:17:27No, there's not a big rebate coming. We don't own the body cameras currently. Tate Axon owns those cameras. Got it. So we're currently leasing them. So they go back to them.

1:17:39But we get better ones. So okay, so that answers that on tasers. These are new and improved tasers.

1:17:46What does it mean to improve the capacity of a taser?

1:17:51So I mean it. Can you know what?

1:17:55There you go? Yeah.

1:17:58So currently, we have one shot taser devices. They have a range of 25 feet. That means that if you have to engage a person you have one shot if the shot misses.

1:18:09That's it. You gotta pull this thing out. You gotta get another one. Put it in there, and then you've got a second try. So they're very time consuming to reload. So if you're in the moment and you miss your shot, typically, that's it. You're not going to bother with the taser. You're gonna have to switch to a different technique. If you're using a taser, it's usually a rapidly changing situation.

1:18:28So the taser 10 has the ability to have additional shots. So

1:18:33it's going back to the single shot taser. It shoots out 2 darts

1:18:36because it's electrical. Those 2 darts both have to hit your target.

1:18:40If only one dart hits your target, it doesn't complete the circuit. So it has no impact on the person.

1:18:46It doesn't incapacitate. It doesn't do what it's supposed to do. Both darts have to hit.

1:18:51So with the taser 10, you can shoot multiple darts, which means, if you shoot your 1st 2 darts and one of them misses. You can shoot a 3rd time to create the connection you need to be able to for the device to work, to incapacitate the person. It doesn't mean that you're like shooting multiple people. It just gives you follow up ability. If you miss your 1st shot, and it does happen. I thought it could. You could get a whole crowd.

1:19:14No, I wouldn't have liked that. I didn't think you would like oh, I was waiting to but also the the I'm really happy to hear about the storage and reporting

1:19:25becomes a lot easier right for you guys. And it does save time. So answering Lisa's question.

1:19:32cops will be back on the street rather than reporting information. That's the idea. Okay, and regain.

1:19:38It's just a value. That's a value. Okay, thank you.

1:19:42And to clarify the point about the budget cycle. An astute reading of the budget. It was allocated funds. So at this point we will be making the decision. Whether or not so just it's it's not that it was already spent money. Just want to make sure that just for for the public to know that. So

1:20:00with the since, it's for the entire police fleet.

1:20:03Yes. Well, it's for all of our enforcement vehicles. Okay? So the enforcement vehicles. So it's not the administrator. Vehicles won't have them on them. They're not typically used in that capacity. And then for the scenario that you described of, you know, a white vehicle, and they're driving by, so is it every vehicle as as you are passing it so same way as every vehicle, for the flock system is kind of just taking that capture.

1:20:26It's catching every vehicle it passes through in any patrol. Yes. How long is that data stored for for 30 days.

1:20:34So it's similar to the flock system. Same rules of storage for the current flock system perfect. And then for that accent community request Portal. That's a really exciting movement forward for us, because I I know I've had at my house, because there's cameras around my house. I have had police officers knock on my door and ask if you know. Can you go back? You know, 20 min? Xyz

1:20:58so it's really great to know that we can, that us, as community members, can also be a part of hopefully a solution to just an unfortunate crime situation. You know, we have been able to use it for a limited use during the pandemic axon made it available to all of the departments because they're trying to limit person to person contacts. We have had some experience with it. And it has worked great

1:21:23that's exciting and then are there what other agencies in the county are using this same suite of accent products.

1:21:32Oh, you know I don't have the count, but we're not the. We wouldn't be the only one there's there's a lot of other agencies that have already moved on to in car camera.

1:21:39I'd say we're a little behind the curve on it. Okay? So so that was more of the question. It's certainly not a gotcha who's using it. It's more just where are we in the in the kind of adaptation cycle. Yeah, it's a pretty common install on most police vehicles now and thank you for seeking feedback from the public and as well as our community Safety committee and bringing back to us. So we know that they have received this

1:22:05and that that they all feel comfortable with this recommendation, which is another great plug. If members of the community are interested in serving the Community Safety Committee, we really do value the feedback that comes from our community members. Who are engaged in this topic.

1:22:20They had some challenging questions, too. So you have to be ready for them. Yeah. Yeah. And that makes it so that when you're coming to us we can feel even more comfortable with whatever decision.

1:22:31Any? Yeah. Okay. I just wanted to. Say that. You know, as the

1:22:37a former liaison of

1:22:39the Crime Prevention Committee and making sure that

1:22:44our residents are as safe as possible along with our police officers. So we have always supported tech for our public safety, and we will always continue to do that. So if we can afford it and it will create a a better working situation for our police department. We will certainly look at it. And we definitely support that. So thank you for this presentation on this. This is,

1:23:12something that in the future. And we see like agencies going on about face on this and supporting this. Now, because it truly does work, and it makes life easier for our our police department so definitely in support of this alright, do we have any public comment on this item.

1:23:31We do not have any requests on this item here. All right, big city clerk.

1:23:36any additional comments.

1:23:38and the Council

1:23:40all right. I see none

1:23:41do I have a motion

1:23:44so moved moved by Quinto, I'm going to second this one.

1:23:47So

1:23:48all those in favor please say aye, aye, any opposed motion carries. Thank you so much.

1:23:55Alright. So for items B and C, we're going to fuse them together. One is a receive and file, and the other is something that we will be voting on. So what we'll do is make sure that we have our public comment period

1:24:08together on both items.

1:24:11Alright. So 1st is going to be

1:24:12our fiscal year 2324. General fund budget Quarterly. Update through June 2024.

1:24:21Yes. Hello, Crystal Rains finance director. We are very happy to be here with you guys tonight. I have Claire Coleman, our budget and financial services manager, and we have a very positive general fund update for you guys tonight.

1:24:39okay, yeah. Sorry.

1:24:41Okay. So

1:24:44overall. The general fund revenues. Came in at 7%. Above budget. So about 3.4 1 million over what we were expecting. So

1:24:56very, very positive.

1:24:58The city. We do have a 90 day availability or sorry a 60 day availability period. That's why it's taken us these 2 months to make sure everything's recorded properly and get all of our accruals in to make sure we are accurately reflecting the entire year.

1:25:19Yeah.

1:25:20So the expenditures we also did very, very well in the expenditures overall. We were under by about 5% throughout all the departments.

1:25:30And again, we'd had to do all of the all of our expenditure accruals to make sure that we are able to accurately reflect the fiscal year

1:25:39in this chart. I also wanted to outline where the departments ended up overall, because we are going to be asking for to roll the some appropriations that we were unable to spend in fiscal year 24. So I wanted to outline where the departments ended up, and that that we were about 2.6 million dollars under budget across across all departments.

1:26:03So we're asking for the 604,624 in the

1:26:08next staff report.

1:26:11I also wanted to highlight so during Midyear we asked for Midyear, and throughout the year we asked for about 6.4 million in fund balance appropriations. And so in the actual general fund update backup documents, I went ahead and outlined all of that in Table one.

1:26:30and that just shows the status of all those as well. So if you were looking at it, it can be a little bit deceiving.

1:26:39almost that the city would have been operating at a deficit of 6.4 million dollars or 6.3 million dollars. But that was approved fund balance appropriation. So those don't generate new revenue it would have been a reduction in fund balance

1:27:00so to outline that in a little bit clearer picture I have in this slide we have outlined what our projected, amended budget was. So we were projecting a decrease in the fund balance of the 6.3 million dollars, which would have left our ending fiscal year 24 projected balance of 16.8 million for the general fund.

1:27:22But with our revenues coming in 7% over and our expenditures coming in 5% under our projected decrease in fund balance has now been updated

1:27:34from the 6.3 million to 185,000. So a significant improvement in our in our situation. So instead of projecting the 6.8 million dollar fund balance, we have a projected 22.9 million.

1:27:50I just wanted to make sure we outlined that very, very clearly. So all of the one time expenditures were either completed and we had do have just a couple that are going forward. But that 6 point 3 million dollars was was utilized.

1:28:10So in summary

1:28:13revenues exceeded our expectations and expenditures. Departments did a really really great job with their fiscal prudence and allowed us to come in under under budget.

1:28:24And with that

1:28:26go to the next slide.

1:28:29Yeah. Oh, yeah. Pause for questions. Yes, Councillor Fideli. Yeah, I'm I'm glad you mentioned the 6 6.3 million, if you can.

1:28:38There was a lot of social media out there in the world saying that we spent it all.

1:28:42and it's gone, and we're in a deficit. Can can you reiterate again that

1:28:46what happened there? Say a couple more sentences, just so that the social media that was out there in the world

1:28:52wasn't accurate, of course. Yes, no. We during the Midyear we had approved the 6.3 million dollars in a.

1:29:02It would have been operating at a deficit. But not

1:29:06not really. It's we. We had money that we wanted to set, we we had that it doesn't generate new revenue. So we we were projecting a a deficit of 6.3 million, which is a utilization of fund balance. So it was a completely planned and intended

1:29:24operation. But our revenues ended up coming in a lot better than we had expected, and that in combination with the conservative spending of departments, we were able to almost eliminate the need of the reduction in the fund balance and a budget process is an evolving thing over time, where money comes in and out. And yes, thank you for that. Thank you.

1:29:47Question any questions.

1:29:49Questions.

1:29:51Yes, thank you. So this is. This is, I think, as as Buddy

1:29:55I mentioned this is like a very good vibes night. So I do thank you for bringing us this good news. Yeah, I think it's

1:30:06you know you did go through some of the charts pretty fast. I was wondering if you could go back to some of the slides. And just I think it's just it's just helpful, because I think we get to see this over and over we get the staff report. But you know, just going a little bit slower and going through it one more time is really helpful like this one, you know we have

1:30:28more revenue than we thought.

1:30:31and so

1:30:35going back, sorry back to that one. And and this is kind of touches on the next one. You have the purchase orders that you want us to include. So I don't understand how you get from one column to the next on that one particularly so. So

1:30:52we had the budgeted amount of 54.9 million.

1:30:55And now we have this projected amount, which we are spending less than we thought.

1:31:01And so we have 2.6 million left over

1:31:04in terms of budget.

1:31:06and then of that is 600,000, or on top of that is 600,000. So is 600,000. Part of that remaining budget. So kind of that relationship is what I'm not understanding. Sure. So the 2.6 million is what would have been left over. So the the amount that we didn't spend that 604,000 is included in that. That's what we are based off of timing differences and

1:31:30really accounting procedural

1:31:34rules of when items can be recorded and when they can't. And so these were items that were ordered or on back order, or for some reason not able to be fully completed. And so it contributed to the

1:31:50under spending of the remaining budget. So we're asking that that be rolled forward. To complete those purchases that were already in the works. Okay? So

1:32:00so just so, I understand. So that means the remaining budget net of these purchase order. Rollovers is roughly 2 million dollars. Exactly, so that 600,000. It's an added to our current budget is additional expenses additional one time expenses, or is it

1:32:19kind of mixed in there? It would need additional one time it would be it's asking for additional authority in the next

1:32:27resolution. Okay.

1:32:29thank you. That's really helpful.

1:32:33So just a piece of feedback. I think that even just you jumping in with this. You know

1:32:38this 6 million that that it seems to be going out there. I think that one of the important lessons. And it's actually something that even right now in the seat I'm struggling with is you know, we didn't get this presentation in advance.

1:32:50and there is some differences in what's being displayed here than what's in the staff report. So I found myself here on my ipad. I'm scrolling up and fast giving myself whiplash, trying to be able to tell that story. And I think it's really important, especially in our roles, that we are translators that we are.

1:33:07that we are taking these concepts and then really translating it so that it's so that it's clear and that we can understand this. And so I appreciate Councillor Motiyama's clarification that we really need to be able to unpack it and make clear. So even things like this.

1:33:24this one slide here with administration. You know, we're including that Po. Rollover for 25, which yes, we're going to talk about in the next item. It's just it's so helpful for us to be able to connect the dots and tell the story, because I do think that

1:33:40this is a really exciting story to tell.

1:33:42that you know, you can see very clearly how each department. And now that we're doing department based budgeting is looking to how they're spending and really making sure that they are not exceeding what they've budgeted for. I think this hard work of the past few years in this discipline has made it so that we can actually see traction, and that we're actually getting to a space where

1:34:06we are not. We are not in the condition that we were before. We're not making decisions under an immense amount of pressure. We're making decisions, knowing that. We are still in no way out of the woods, you know. We don't have the kind of cushion that other communities have.

1:34:21But we are building it. And I, I think you guys should really be commended for how great you're doing, and how it's really changing the landscape of how we are doing finances here in El Cerrito. I really appreciate it. And continue the good work. Just make sure that we're getting similar presentation so that we can then be armed to ask those questions.

1:34:41Thank you. Only thank you for the feedback.

1:34:44Alright,

1:34:46So because we're kind of changing. Or since we've merged the 2 topics, what we're going to do since this is considered a receive and file, we're going to shift to item C, which is about the purchase order. And then after that, we will take public comment for both of these items.

1:35:07So. So this will be quite brief, because Crystal already went over a lot of the the core tenants. The most important thing about the purchase order roll forward. Is that, as Crystal mentioned is that it's a timing issue. So, for example, if you

1:35:20sent in an order for a vehicle in march, and it was on back order. And you get that vehicle on July second. That's in fiscal year 25. You don't get to keep that in fiscal 24, even though you had the budget, you ordered it in March. You planned for it because of our accounting rules. We do not have flexibility, and so most of these, all of these purchase orders are things that were planned for. They were budgeted for, and they just weren't completed before the end of the fiscal year before July first.st

1:35:47And that's

1:35:48in pretty much all cases. No fault of the department supply chain issues happen. Contractors get sick permits get, you know, convoluted, or people get sued, or who knows what. So things get complicated. And so these are purchase orders that were intended. They're budgeted for, and as you can see in the slide that crystal that we showed earlier.

1:36:07all of those purchase orders are in departments where they had budget to cover them. Obviously, so, this slide shows the appropriations change. So the rolling forward of the purchase orders functionally is an increase in appropriation authority. There's no change to revenue, it would be the use of fund balance.

1:36:25But it is an increase in appropriation authority. So this shows every single fund. The starting budget that you adopted in June for fiscal year 2425, the proposed change with the Po. Roll forward, and then the ending total appropriation. Should you choose to adopt this resolution. These

1:36:44we have detail on the pos. If there are questions. There's quite a large number of them, so we may not be able to read them all out. And take a while. But

1:36:53this is the high level overview of all of the purchase orders. I do want to highlight the one that may catch your eye, which is the 11 million dollars in capital improvements. That's the Del Norte project. We've talked a lot about that over the last few years, and there have been some delays in the project, unfortunately, so we expected to spend the vast majority of those funds, we were not able to do so. And so we propose rolling that forward in the capital fund.

1:37:20If it helps. I know this is very small on the screen. This is also in the resolution. So all of the detail for every single fund is in the resolution. I want to quickly note, this is not every single fund that we have budgeted, only the ones that are proposing any form of change.

1:37:36any questions.

1:37:41I don't have a purchase order question. But overall is, can I go back to the sure? Technically, we're still on the same. They're both here. Okay.

1:37:52just 2 comments.

1:37:54and one involves table 3.

1:38:00I I just something I didn't understand where. It's our the revenue coming into us.

1:38:04And I I see the chief here, but it's 214,000.

1:38:09The budget amount amended for fire, and then

1:38:12the projected amount is 5 million.

1:38:16But I don't get the big discrepancy. There is there

1:38:27the actual amount. We have fire 214.

1:38:32It's a typo

1:38:35cause. I said, Wow, what happened in this?

1:38:39Okay.

1:38:41we'll investigate God. I'm so proud of myself for finding that.

1:38:46The other thing.

1:38:49The other thing I just want to read because congratulations again on the revenue coming in, and the being prudent on what we spend

1:38:58you say here. And I just want to make this point. Revenues came in higher than budget primarily due to property tax receipts.

1:39:05franchise taxes, utility, user taxes, interest, income

1:39:10and measure. R,

1:39:12I just want to make clear that measure. R is our measure, G funding mechanism going forward without measure, G going forward and people voting on it to continue it. We wouldn't be in financially as good a shape as we are now, and we won't be if we don't get that.

1:39:26Thank you.

1:39:29Any questions

1:39:33with that, sire.

1:39:35A hand raise.

1:39:36Oh.

1:39:38I think I will I will hold. Yeah, I don't mind. Thank you. All right.

1:39:42So now I would love to open this item up for public comment. Do we have any public comment on

1:39:49policy items B or C

1:39:52going once, twice. We do not have any speakers. You don't alright

1:39:56any comments

1:40:02we got.

1:40:03So I think this is great. I think this is

1:40:07you know

1:40:08it's it's always nice that we do better at the end of the year than we expect. I think that is

1:40:15partly our city manager's brinksmanship

1:40:19as well as you know.

1:40:22it usually works out pretty well for us, so I think that it's it's great that we have more

1:40:29fund balance, and I think you skipped over it really quickly. But you know, there's going to be some additional funding towards the 1 15 trust based on this higher

1:40:41fund balance. Right? So I think this is this is this is what this means, not just, oh, we didn't. We earn more and spent less, and we're rolling over some. It's that having this higher fund balance also means.

1:40:57you know, there's additional benefit in here that it that should be. You know, you guys should be trumpeting it out to say, we're we're putting more aside because we have more. And we should be putting more aside in that, particularly in the 1 15 trust to meet our, you know, unfunded liability, which.

1:41:15again, this is another definitional thing when we say, unfunded liability. It's not that we're not paying it. It's just that Calpers just tells us this is how much more we need. So you will pay a percentage of that this year and that calculation changes. So it's not that we're not paying something. We are paying it.

1:41:33but that number just fluctuates from year to year, so it makes us more stable and makes us stronger. So, you know, can you go back to that slide and just show it one more time and say, You know, point it out.

1:41:46or S,

1:41:47this one. So yeah, so I think that that's.

1:41:50you know.

1:41:52I think this is where we can do more right? So this is, this is great.

1:41:59If I could jump in with just one comment about what you just mentioned about the section 1, 15. Trust so

1:42:06As you said. As you can see by this chart, our toll improvement back to the general fund, and and in the middle column. There you can see where this is, what we're projecting for. Year. End right? Go to the bottom, and it includes subtracting the $604,000 from the general fund that was discussed in the

1:42:28in the Po rollover.

1:42:30A minimum. Our current policy says that we must hold a 10% minimum

1:42:36and so that is just set aside there for your to show that the discretionary what would be left is 7.3, I think what's also important to remember is that these are unaudited numbers. And so some of these numbers are indeed going to shift a little bit. Probably during the financial statements that we put together when our audit begins in November.

1:42:59for to develop our annual comprehensive financial report at the end of the year when that's presented to you as the Council. What we would expect then, is to look at the comprehensive financial policies that you've adopted, including the the recently adopted waterfall policy, and of that 7 ish 1 million dollars. Then the Council can take a look at

1:43:23perhaps what you would decide to fund, since that was money that was expected to be spent. It is not being spent. The Council could decide to

1:43:31put it all back in the general fund or fund. Some of the section 1 15 trust.

1:43:37We've got equipment. We've got vehicles, we've got deferred maintenance. There's all sorts of things that are certainly, as you have all talked to me extensively about better in The Hopper, and so we would like to bring that conversation back to the Council after the Acfra is complete. All of these numbers are audited and solidified so that the Council does

1:43:57have options. But you're absolutely right, and I do want to give a shout out while I'm talking to Crystal and Claire, because they have been instrumental in putting a lot of this together, especially with crystal's

1:44:09accounting experience in a way that is so much more. easy to understand, easy for us to kind of divide into all of these sections for the Council to see, and the public to see but those will all be coming back to the Council for more discussion when the acra is completed. And so I just want to thank you all again for your leadership, because.

1:44:31you know, it's been an interesting economy out there with with revenues and expenditures and all of those things. We've done very much the best we could going into this next budget year, trying really hard to put all of the pieces together as best we can. But it is really great to see that you know again, through your leadership that we've been able to achieve some really great things.

1:44:52To me. This means 3 fiscal years of of good results. And so I'm really proud of our team. And I'm really happy to work for all of you. So thank you.

1:45:02And just one more thing. This is 22

1:45:05point 9 million dollars unaudited is roughly 43%

1:45:10of our budget. So I think one of the the kind of benchmarks of like cities that do well for their reserve is like Lafayette, they have 50%.

1:45:20And so the idea that even 4 years ago we would have had 50% or even close.

1:45:26even 10% is is huge. So I think we're, we're going in the really the right direction to get to something really solid like that. So thank you. Thank you, Staff, could you say that percentage again, 43%,

1:45:42you have to understand when when Lisa and I started 4 years ago, we were negative.

1:45:48Yeah, at 1 point, when I I know it was 1% minus 110,000 minus one. Yeah.

1:45:53like that. It is is monumental, though.

1:45:57or right.

1:45:59So I will entertain a motion

1:46:03for the Po.

1:46:05I'll move. Moved by Motoyama.

1:46:10I'll second that all right. Seconded all those in favor, please say aye, aye, aye, opposed motion carries thank you so much.

1:46:19all right, and last, on our policy items, voting direction for the League of California Cities 2024. Annual Conference resolution.

1:46:29Do we have a staff report on it?

1:46:32Apologies, Mayor. We do not have a staff report on this. But the packet of information was included in the agenda packet, and if you look at page 8 of that attachment.

1:46:44The resolution that is being proposed at the annual conference for Cal cities this year. In short, the now, therefore, be it resolved.

1:46:55clause is looking for the California State Legislature to not enact, and the Governor not to sign into law any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate.

1:47:13That this prohibits

1:47:16this prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution. So this is a resolution that is proposed. That will be voted on at the annual conference. So this is an opportunity for the Council to discuss their thoughts on this, and then provide direction by way of motion to the voting delegate on how to vote on behalf of El Cerrito, and as the voting delegate on this item, I'm happy to hear your feedback. We can figure this out

1:47:44if anyone has any strong feelings either way.

1:47:48So I I this is maybe more of a question to staff and a city attorney. Sometimes things say, you know, on the face of it it seems very legitimate to say, if we have to do it, the State should do it too. Just

1:48:04politically can. Can. Is there some drawback, some blowback to us to to vote for this? Is there some way that this will be interpreted that is going to be counter to what we need.

1:48:17It'd be great to hear from the city attorney. What does what does this? What does this really mean in practice?

1:48:25Be kind, trying to withhold all editorial comments as our attorney legal editorialization that I was withholding, translate it into a way that then could help us in this. What is your opinion as it applies to us? I I don't think in in terms of legal risk. I I don't think there's legal risk from supporting this resolution. The

1:48:56I I don't think that that the State is likely to take any action against El Cerrito specifically, or against cities generally. In response to this, I think.

1:49:07What I could say just sort of giving some broader context is that

1:49:12there, over the course of my 20 plus years of practicing law representing public agencies, there have been numerous periods of

1:49:21contention between cities and the state particularly where the State was adopting rules.

1:49:27That would

1:49:29increase costs and work for cities that they that they could have created similar rules to apply to themselves, and chose not to

1:49:39and similarly, where they have used city revenues

1:49:43to fill gaps in their own budget, and promised to make cities whole. And then because of the way that money was moved. Actually, this not surprisingly, the State came out better than cities did, and they actually haven't followed through on the promises in spirit. In a number of instances. Even if they strictly followed the letter of the law that that was adopted to implement those shifts and funds. So

1:50:11I I think that the

1:50:13I I would take the resolution more in the spirit in which it's being offered, which is to request that the State think, be more thoughtful. When adopting laws about

1:50:25really thinking about what the impacts to local agencies are where they often seem to not adequately consider what those are, despite leave California cities and individual agencies doing their best to try to tell the State there are really meaningful impacts that shouldn't be ignored from the actions that you're taking. And so again, the spirit to me of the resolution is.

1:50:48think about this in sort of a Golden Rule way, which is.

1:50:52if you were adopting this law for yourselves, would you do it? And if you wouldn't, why would you do that to local agencies? And I and I think that I I expect that for the most part the State will take it in that sense rather than than sort of in a literal one to one. Well, we're going to adopt this law. So we have to figure out how to make it apply to the State as well.

1:51:12Thank you. Thank you.

1:51:14Any other questions.

1:51:16any any direction to any motions, comments, any of them.

1:51:21I'll do comments. I I think this is a great debate topic. I think it's a waste of time.

1:51:28I think it's disgruntled. Local officials complaining about unfunded mandates. These are 2 separate bodies with 2 separate histories.

1:51:38and I just think it's a waste of time. So that's my comment on as a veteran from Sacramento. I worked in that capital. And oh, yes.

1:51:46I mean, I wasn't gonna say it, but

1:51:49it's almost to what Sky's point is like. It's ceremonial. It's not really going to change anything that the Governor or the State legislature does.

1:51:58And even you know, Skye is right, it's not gonna have any legal impact to us.

1:52:04But it's kind of like, why.

1:52:06like, why, take up that discussion just so we can say that we did it. And sure, and it wouldn't be a legal blowback. But someone's gonna remember that we decided to take up this weird discussion that we had no no business having. So, yeah.

1:52:21And I love the examples they give. They're all true.

1:52:24But it's like, you know, this is the nature of the systems that we have. And it means about being sensitive, and I think we can do that in our own resolution, maybe up to Sacramento. Anyway, that's my viewpoint.

1:52:36I'll be chairing the resolutions committee at the convention. So but know that. You know. Just lucky me that I get to do this, that whatever it is that we decide on tonight. There's a higher visibility to whatever direction we go in.

1:52:54Can there be a motion to abstain?

1:52:58I was, gonna say I I don't think if I don't even think that

1:53:02if there isn't general consensus of the Council to provide you direction, then I would assume that, as the delegate, you then have

1:53:11the ability to make your own decision.

1:53:14which is ultimately what will happen if we don't decide on anything tonight, then I'll make the decision there. But but that was my. My thought about this is if this, if our Council decided that they would provide direction for me to abstain.

1:53:29Oh, I make a motion that you abstain. Okay, it doesn't. Specifically I I'm not seeing that as an

1:53:38specifically outlined in the instructions. But I don't see

1:53:44why we wouldn't be able to, you would assume it would be the same voting rules as our legislative bodies. But.

1:53:52There also may be as councilmember, Quinto said, there will be. This will be heard at the Resolutions Committee.

1:53:59There may be some back and forth

1:54:02at the time at that committee.

1:54:05For pros and cons that you also could

1:54:08listen to. Yes, should this not be something that you're interested in voting in at the end of the day, that you can kind of hold that as

1:54:19unless the Council of course you could, you could do that. You could pass a motion to direct the voting delegate to vote a certain way, but if not, then the voting delegate could do some more research or go to attend the committee.

1:54:33Is that option? Because at this point is, if we don't act on it tonight, then I'll just, you know, when when I'm down there

1:54:39we'll we'll see how it goes. I just oh, it would have been so great if I came in with direction from the Council. But you know.

1:54:46then I take my motion back. Oh, it's off the table, and less emotion is, I could do it

1:54:53all right.

1:54:55I see no one chomping at the bits to move in any direction. So that just means I need to carry that in my bag with me down down to Long Beach.

1:55:04That's an earlier flight home. Yes, oh, no, I I have to make that flight.

1:55:10All right. So we are going to move on to city council, local and regional liaison assignments.

1:55:17We have any alright mayor pro tem weissinger.

1:55:21Yes, actually, last month, and it's not necessarily under these schools collaborative. But a lot of the members from the school collaborative were, were there State Superintendent Tony Thurman called leaders together to talk about the state of the issues

1:55:38at stage elementary school, and I thank Superintendent Thurman because a lot of times when we have conversations about El Cerrito

1:55:44serving school stage gets left out of those conversations, and I keep forgetting to ask Karen about my follow ups about that. So this is on record now to for me to remind myself. But we are having conversations about how we can support the students that are going to be affected or are being affected by the displacement of Steve. If those who are not following that story Steve, had to be shut down, because when they were doing their summer renovations they found

1:56:09very unsafe situations, unsafe conditions there at the site, and a lot of lot of

1:56:17community members had concerns about the place that they were going to be displaced, to which is going to be Lavonia Dijon. So there was a lot of conversation about how we could support those students, support those families and what we can do going forward to support Steve, which is not necessarily slated to be renovated

1:56:33just yet. But that's really a funding issue. So we, as community members and leaders are coming together to figure out how to support the district and what they need to do to make sure that that school becomes a safe site. I mean, like, I said, there are a lot of students that live off of the Potrero corridor that are still in El Cerrito, off or office off of School Street, off of Cyprus, who are affected by that. So, thank you. Again, Superintendent Thurman and I look forward to continuing those conversations.

1:57:00Any council updates? Okay, just that. I am the liaison to the Arts and Culture Commission, and I intended on August the 26, th and also on August the 28, th that I attended the Parks and Rec. Commission, and as well as on September 4, th I attended the Mce Executive Committee meeting.

1:57:19Thank you. And Councilmember Quinto. Thank you, Mayor. I did attend the Lafco meeting.

1:57:26Not once, but twice. We had a

1:57:31a morning meeting where? A Mini workshop, basically and it was at their office. And then, the week after we had a regular laugh. Go meeting.

1:57:42which was very fast, was only half hour. But we did discuss

1:57:48the

1:57:50There's a

1:57:54a cemetery district. We actually have cemetery districts here in Contra Costa and there's a cemetery called the Alamo Lafayette cemetery district, and they are requesting the withdrawal of the dissolution of their cemetery district. Originally they wanted to. The county wanted to combine

1:58:172 cemetery districts, and but it didn't happen. So this is what we do in Lafco, and it's 1 of these county commissions that not many people know about. But

1:58:29look at for the next few months and the beginning of next year. Well, we'll have a a Kensington Lafco issue that will have to deal with

1:58:40in the next year, possibly.

1:58:42and then I attended the oh, just want to say thank you to Council member Motoyama for taking my place on the Executive committee of Mce.

1:58:55I'll be attending the meeting tomorrow

1:58:58or on Thursday, and

1:59:02the I did attend a Zoom Meeting yesterday, dealing with

1:59:07of

1:59:09a number of things and and dealing with the possibility of moving to another floor in the Concord office. So we'll be looking into that. I did attend the stationary source meeting for

1:59:25the backpad, which is an air district that represents the 9 counties, and I am on the stationary source committee, and I did meet with

1:59:36the the CEO of Raven that would like to

1:59:43create hydrogen, green hydrogen at

1:59:46the Republic services

1:59:49site in Richmond. So they were able to meet with Dr. Fine. Who is the executive director of the Air District Board? So there's mutual understanding now when it just has to go through the process.

2:00:05So you look at all the things going through permitting. And there's a new. There's new leadership there, and the Air Board, and a lot of these things have not been dealt with for a while, so look forward to working with Dr. Fine and the New his new lieutenants there. They're part of the Air Board, and we're just gonna do the right thing and represent Contra Costa as well as the 19 cities in Contra Costa County.

2:00:35Me? Yes, just one.

2:00:37you know, kind of a big deal. The Contra Costa transportation authority

2:00:42last week was a subcommittee I attended, and tomorrow night will be the final full committee meeting.

2:00:48We'll be passing a million dollar outreach effort in El Cerrito and along San Pablo Avenue

2:00:55or a potential Brt. A bus. Rapid transit system. So it. This is way down the road 2 or 3 years, probably, but the 1st step is outreach along all of our businesses.

2:01:07all of our residents, whether we want, even with all the work being done now on San Pablo Avenue our county is

2:01:15sponsoring a million dollar outreach effort to see if we want to have down the middle of San Pablo Avenue a Brt bus rapid transit which would be pretty significant. Kind of like the Van S effort in San Francisco. But and El Cerrito several different.

2:01:32Our San Pablo Avenue changes dramatically, so it may be difficult, but just warning everybody I'm going to be putting a link on my send out a link on Facebook for people that want more information about that. May I ask a very quick question. Is it going to be crossing county lines?

2:01:49no, it's Contra Costa. Just contra Costa 1 million dollars is from El Cerrito, San Pablo and parts of Richmond along San Pablo Avenue. Thank you, because that's always the question that members of the public their own studies. And so the whole

2:02:02corridor is being studied on brt stuff. Thank you so much. And then for my reports. On September 5th I attended the Mayor's conference in Walnut Creek. There was a presentation from the Contra Costa Community College district. It is a fantastic resource for everyone in Contra Costa. It was amazing to see also the feeder from El Cerrito high to the Contra Costa college system and all the resources available. We are really so lucky that in California which really prioritizes community college education

2:02:30that we have that one of the best districts here locally, and then on September 12th I attended our recycle more meeting, and we acquired a new compliance software for 1,383, which is our organics. And it's called smart, 1,383,

2:02:49and we also are going to be seeing at the next meeting. An Rfp. For post collection agreement, and I want to give a very special shout out to our El Cerrito staff.

2:02:59Christina Karina, Director Ortiz, and city manager, Pincus, for being highly involved in this very, very complex system, that most people would never even begin to understand, and even the smartest of people, it takes a good 2 years to really fully understand tons of history, really heavy and interesting stuff.

2:03:20So with that

2:03:22it is now 8 0. 4, and the meeting is adjourned. The next regular council meeting is at Tuesday, October 1, st 6 Pm. Thank you all so much for being here.