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Agenda Item No. 5(A) EL CERRITO CITY COUNCIL MINUTES SPECIAL CITY COUNCIL MEETING- CLOSED SESSION Tuesday, October 2, 2012- 6:00 p.m. Hillside Conference Room REGULAR CITY COUNCIL MEETING Tuesday, October 2, 2012-7:00 p.m. City Council Chambers Meeting Location El Cerrito City Hall 10890 San Pablo A venue, El Cerrito Bill Jones- Mayor Mayor Pro Tern Greg Lyman Councilmember Rebecca Benassini Councilmember Ann Cheng Councilmember Janet Abelson 6:00p.m. 7:00p.m. ROLLCALL Councilmembers Abelson, Benassini, Cheng, Lyman and Mayor Jones all present. CONVENE SPECIAL CITY COUNCIL CLOSED SESSION Mayor Jones convened the Special City Council Closed Session at 6:05p.m. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(b): One potential case ORAL COMMUNICATIONS FROM THE PUBLIC- No comments. RECESSED INTO CLOSED SESSION at 6:07 p.m. POSSIBLE REPORT OUT OF CLOSED SESSION ADJOURNED SPECIAL CITY COUNCIL MEETING at 7:00p.m. ROLLCALL Councilmembers Abelson, Benassini, Cheng, Lyman and Mayor Jones all present. CONVENE REGULAR CITY COUNCIL MEETING Mayor Jones convened the Regular City Council meeting at 7:05p.m. ---PAGE BREAK--- Version: [PHONE REDACTED] Page 2 of6 1. PLEDGE OF ALLEGIANCE TO THE FLAG was led by Councilmember Cheng. 2. COUNCIL I STAFF COMMUNICATIONS Mayor Jones reported that the City Council had just met in closed session and asked City Attorney Woodruff to deliver a report of the Council's action. Sky Woodruff, City Attorney, stated that the City Council authorized the City Manager to enter into an agreement with the former Building Official allowing him to participate in the City's PERS service credit program in an amount not to exceed $38,000 which will resolve his appeal pending before the Civil Service Commission. Councilmember Benassini announced that October is National Arts and Humanities Month. The City has a number of celebrations underway including an art show in the City Hall Gallery, and a celebration on October 26 in the City Hall Plaza from 5-7 p.m. The City will debut the first of its street icons on a light pole in front of City Hall. There is also an art show and sale at the Community Center beginning on October 12. Councilmember Cheng thanked all staff involved in the Second Annual Alberrito Street Play event and noted that it is actually the City's third street play event. The event is a great use of the City's open spaces. Councilmember Abelson announced that the Executive Director of the West Contra. Costa Transportation Advisory Committee (WCCTAC), Christina Atienza, is leaving to join the Dominican Nuns at the end of December. The WCCTAC Board, of which Councilmember Abelson is the Chair, has formed a search committee for an interim executive director. The Board is hoping to find an engineer to fill the position for approximately six months and on a month to month basis thereafter. Councilmember Abelson said the Board is very sorry to see Ms. Atienza leave. Mayor Pro Tern Lyman announced that the St. Peters C.M.E. Church has rescheduled its candidate campaign forum from October 3 to October 17 at 7:00-8:00 p.m. Mayor Jones thanked everyone who participated in the Tip a Cop Special Olympics fundraiser at Macaroni Grill. Mayor Jones also thanked all who attended the Strategic Plan Workshop on September 22 and advised that there will be more opportunities for input in the future. Mayor Jones also thanked Pinole-TV for broadcasting meetings and events and noted the professionalism of their work. Karen Pinkos, Assistant City Manager, reported that City Staff met with school district staff last week and noted that meetings will become more frequent as school construction projects move along. The demolition of Portola Middle School has begun. Anyone with questions should call the West Contra Costa Unified School District at [PHONE REDACTED]. 3. ORAL COMMUNICATIONS FROM THE PUBLIC Alon Han, El Cerrito, stated that she is one of the founders of the community organizing group, Go Portola. Go Portola has raised $270,000 for education so far. Ms. Illan spoke in support of the Writer Coach Connection program and asked the City Council to consider funding of the program. Mary De Shaw, El Cerrito, spoke in support of the Writer Coach Connection and noted the importance of improving technical writing skills and building relationships. ---PAGE BREAK--- Version: [PHONE REDACTED] Page 3 of 6 Lynda Frank, El Cerrito, spoke in support of the Writer Coach Connection and asked the City Council for program funding. Ann Nutt, Albany, spoke in support of the Writer Coach Connection and described the benefits of not only the program but also the personal relationships that are established between students and their coaches. Christine McGuiness, Communications Director for Writer Coach Connection, Berkeley, described the benefits of the Writer Coach Connection from a teacher's perspective and how the program encourages engagement. Bobbie Ohs Dowling, Kensington, spoke in support of the Writer Coach Connection. 4. PRESENTATIONS A. Writer Coach Connection - Presentation by Robert Menzimer, Executive Director, Community Alliance for Learning. Receive a presentation on the Writer Coach Connection Program. Action: Received presentation. B. National Public Radio "NewsPoet" Tess Taylor Receive a presentation by National Public Radio "NewsPoet" and El Cerrito resident Tess Taylor. Approve and present a proclamation, recognizing Ms. Tess Taylor on her many accomplishments in the literary field and celebrating her contributions in the areas of both the Arts and Humanities locally and nationally. Action: Ms. Taylor recited her poem "El Cerrito." Proclamation approved and presented. C. Marin Clean Energy Community Choice Aggregation-Presentation by Dawn Weisz, Executive Director of Marin Clean Energy, and Adam Lenz, Sustainability Coordinator, City of Richmond. Action: Received presentation. 5. ADOPTION OF THE CONSENT CALENDAR- Item Nos. SA through 5D Moved, seconded (Benassini/Cheng) and carried unanimously to approve Consent Calendar Item Nos. SA through 5D in one motion as indicated below. CITY COUNCIL ITEMS A. Minutes for Approval Approve the: 1) September 18, 2012 Special City Council meeting; and 2) September 22, 2012 Special City Council meeting minutes. Action: Approved minutes. B. Proclamation Celebrating Arts and Humanities Month Approve a proclamation declaring October 2012 as Arts and Humanities Month in the City ofEl Cerrito and encouraging all members of the community to enrich their lives by participating in the arts, by being creative, and by supporting local arts and cultural organizations and by celebrating the arts and humanities by attending the City's Arts and Humanities Month Celebration on Friday, October 26, 2012 at City Hall. Action: Approved proclamation. ---PAGE BREAK--- Version: [PHONE REDACTED] Page 4 of 6 C. Conflict of Interest Code Update Adopt a resolution approving a revised Conflict of Interest Code for the City of El Cerrito, including filing requirements for related agencies, including the Public Financing Authority, Employee Pension Board and Successor Agency to the former Redevelopment Agency and rescinding Resolution No. 2011-54. Action: Adopted Resolution No. 2012-77 CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY ITEM D. Bylaws for the El Cerrito Redevelopment Agency Successor Agency and Update on Implementation of the Dissolution Act and Trailer Bill Adopt a Successor Agency resolution approving bylaws for the Successor Agency consistent with Assembly Bill 1484 and provide an update on implementation of the Dissolution Act and Trailer Bill. Action: Adopted Successor Agency Resolution No. 2012-05. [The City Council took a brief recess.] 6. PUBLIC HEARING Appeal of the Planning Commission's Approval of a Conditional Use Permit at 11858 San Pablo Avenue Conduct a public hearing and upon conclusion adopt a resolution denying the appeal to the Planning Commission's approval of a Conditional Use Permit to allow the re-use of a vacant auto dealership for an auto sales and auto service use located at 1185 8 San Pablo A venue. Mayor Pro Tern Lyman as liaison to Planning Commission left meeting before this item was discussed. No other contact with applicant or appellant. Presenter: Noel Ibalio, Senior Planner. Mayor Jones opened the public hearing. Steve Kahn appeared on behalf of the appellant, Steve's Auto Sales. Yi Cheng Xiao appeared on behalf of the applicant, Xiao Motors. Speakers: None. Moved, seconded (Cheng/ Abelson) and carried unanimously to close the public hearing. Moved, seconded (Lyman/Benassini) and carried unanimously to extend the meeting to 10:46 p.m. Action: Moved, seconded (Cheng/ Abelson) and carried unanimously to adopt Resolution No. 2012-78 denying the appeal and upholding the Planning Commission's approval of a Conditional Use Permit to allow the re-use of a vacant auto dealership for an auto sales and auto ---PAGE BREAK--- Version: 10/1012012 Page 5 of6 service use located at 11858 San Pablo Avenue as amended on the floor to include the following two additional conditions of approval: 1) To enhance the physical separation between the two properties with appropriate visual elements to be determined by the Design Review Board; and 2) To add a condition requiring the applicant to comply with all applicable state and federal laws. Moved, seconded (Lyman/Benassini) and carried unanimously to extend the meeting to 10:50 p.m. 7. POLICY MATTERS A. Tax Anticipation Note Adopt a resolution authorizing the City Manager to enter into an agreement with W estamerica Bank for the issuance of $4,000,000 in Tax Anticipation Notes (TAN), and to appropriate $17,000 for costs associated with the TAN. Presenter: Mary Dodge, Administrative Services Director. Action: Moved, seconded (Lyman/ Abelson) and carried unanimously to adopt Resolution No. 2012-79 as revised by staff to include changes recommended by the Financial Advisory Board. 8. COUNCIL ASSIGNMENTS/LIAISON REPORTS A. Mayor Jones -No report. B. Mayor Pro Tern Lyman- No report. C. Councilmember Abelson- No report D. Councilmember Benassini encouraged everyone to attend the City's Arts Celebration on October 26, from 5:30 to 7:30p.m. at City Hall. E. Councilmember Cheng -No report 9. ADJOURNED REGULAR CITY COUNCIL MEETING at 10:51 p.m. SUPPLEMENTAL REPORTS AND COMMUNICATIONS Item No. 4(A) Writer Coach Connection Presentation 1. About Writer Coach Connection- Submitted by Robert Menzimer. 2. Video presentation- Submitted by Robert Menzimer. Item No. 4(B) National Public Radio "NewsPoet" Tess Taylor 3. New California Writers- Submitted by Tess Taylor 4. The Forage House: Poems by Tess Taylor- Submitted by Tess Taylor. 5. Envisioning El Cerrito- A Vision Statement for a Sustainable Future- Submitted by Tess Taylor 6. Song for El Cerrito- Submitted by Tess Taylor. Item No. 7(A) Tax Anticipation Note 7. Revised resolution. Redlined with new changes marked by strikethrough and underline within the text - Submitted by Mary Dodge, Administrative Services Director. ---PAGE BREAK--- Version: 10/10/2012 Page 6 of6 8. Revised resolution. Clean copy- all changes incorporated- Submitted by Mary Dodge, Administrative Services Director.