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Agenda Item No. 5(A)(2) EL CERRITO CITY COUNCIL MINUTES REGULAR CITY COUNCIL MEETING Tuesday, May 7, 2013 – 7:00 p.m. City Council Chambers Meeting Location El Cerrito City Hall 10890 San Pablo Avenue, El Cerrito Greg Lyman – Mayor Mayor Pro Tem Janet Abelson Councilmember Rebecca Benassini Councilmember Jan Bridges Councilmember Mark Friedman ROLL CALL Present: Councilmembers Abelson, Benassini, Bridges, Friedman and Mayor Lyman. 7:00 p.m. CONVENE REGULAR CITY COUNCIL MEETING Mayor Lyman convened the regular City Council meeting at 7:00 p.m. and adjourned the meeting until after the conclusion of the special Joint City Council/West Contra Costa Unified School District Board of Education meeting. The regular City Council meeting resumed at 8:47 p.m. 1. PLEDGE OF ALLEGIANCE TO THE FLAG OR OBSERVATION OF MOMENT OF SILENCE was led earlier during the Special Joint City Council/West Contra Costa Unified School District Board of Education by Mayor Pro Tem Abelson. 2. COUNCIL / STAFF COMMUNICATIONS Councilmember Benassini invited all to participate in Bike to Work Day on May 9, 2013, the Stockton Avenue Art Stroll on May 10, the Citywide Garage Sale on May 11 and the Stege Sanitary District Centennial Celebration on May 18. Mayor Lyman invited all to attend a free screening of the Healthcare Movie on May 18 and 22 at City Hall. On June 15 the El Cerrito Historical Society and Friends of the Cerrito Theater will sponsor a free film about historic movie theaters of the East Bay at the Cerrito Theater. The East Bay Municipal Utilities District (EBMUD) is leading a campaign entitled “Are you Earthquake Ready?” More information, particularly how much water to store, is available at www.ready.gov. On April 18, Mayor Lyman and Councilmember Benassini attended the Association of Bay Area Government’s (ABAG) General Assembly award luncheon. The City’s Recycling Center received the Urban Design Award. ABAG’s film about the Recycling Center will be shown at the May 21 City Council meeting. Mayor Lyman said everyone should be proud of city staff and the design-build team. The award is an acknowledgement of the beauty and functionality of the Recycling Center. Additionally, EBMUD is entertaining a rate increase of approximately 9% this year and 8% next year. It is ---PAGE BREAK--- Page 2 of 6 Version: 5/16/2013 a Proposition 218 rate increase based on one vote per property and includes a majority protest process. Comments are due to EBMUD by June 11. A public hearing during the EBMUD regular meeting is scheduled on the same date. 3. ORAL COMMUNICATIONS FROM THE PUBLIC Tom Panas, El Cerrito, stated his support for the Contra Costa Florist building and commented on the April 22 Eden Housing Environmental Impact Report scoping meeting. Mr. Panas said he presented a resolution to PMC and the project team on behalf of the Historical Society and is also working with members of the Japanese American Citizens League and will submit proposed mitigations to the City and PMC next week. Mr. Panas asked that advocates of the Contra Costa Florist Building, a historic resource, be at the table when mitigations are discussed. Mr. Panas also spoke in support of an historic resources ordinance and said he is hopeful that the City will adopt one during his lifetime. Al Miller, El Cerrito, spoke about the history of the Stege Sanitary District and reminded everyone about the celebration of Stege’s Centennial on May 18 from 1-4 p.m. at the Stege Office on Schmidt Lane. Mr. Miller also commented on the Writer Coach Connection and said another advantage of the program is that there are 108 volunteers who go into the schools and spend time there and can comment on what the schools need and how best to support them. Mr. Miller also urged everyone to see the Healthcare Movie. Lisa Motoyama, representing Resources for Community Development (RCD) and the East Bay Housing Organizations (EBHO), thanked the City Council for its commitment to affordable housing and for supporting Consent Calendar Item No. 5(C), the Affordable Housing Week Proclamation. Ms. Motoyama stated that RCD is the developer of the Ohlone Gardens project, El Cerrito’s next affordable housing development. It will serve fifty-five families. The City is collaborating with EBHO on a small grant EBHO received from MTC and the HUD Sustainable Regional Communities Grant Program. EBHO is partnering with El Cerrito to explore affordable housing policies and funding strategies post redevelopment including land value recapture and public benefit zoning. Ms. Motoyama urged the City Council to support Senate Bill 391, the California Homes and Jobs Act, which will create a permanent funding source for affordable housing in California. 4. PRESENTATIONS – None. 5. ADOPTION OF THE CONSENT CALENDAR – Item Nos. 5A through 5L Moved, seconded (Abelson/Friedman) and carried unanimously to adopt Consent Calendar Item Nos. 5A through 5F and 5H through 5L in one motion as indicated below. Consent Calendar Item No. 5G was removed from the Consent Calendar at the request of Councilmember Bridges and voted on separately as indicated below. A. Minutes for Approval Approve the April 16, 2013 Regular City Council meeting minutes. Action: Approved minutes. B. Second Reading of Measure A Swim Center Ordinance (First Reading April 16, 2013. Vote: Unanimous) Adopt Ordinance 2013-02 establishing the Measure A Swim Center Parcel Tax rates for FY 2013-14, equal to the approved FY 2012-13 rates of $38.61 per single-family residential unit, $29.73 per multifamily residential unit, and $270.66 per acre of non-residential property. Action: Adopted Ordinance No. 2013–02. Effective June 6, 2013. ---PAGE BREAK--- Page 3 of 6 Version: 5/16/2013 C. Affordable Housing Week Proclamation Approve a proclamation proclaiming the week of May 10 through 19, 2013 as Affordable Housing Week in the City of El Cerrito to raise awareness about the importance of affordable housing for families and communities and encouraging residents to participate in Affordable Housing Week activities and recognize how affordable housing can create better futures for families, individuals and communities. Action: Approved proclamation. D. Landscape and Lighting Assessment District No. 1988-1 Resolution of Intent to Order Improvements and Set the Date for the Public Hearing as May 21, 2013 Accept the Engineer’s Report specifying assessments for the Landscaping and Lighting Assessment District and adopt a Resolution of Intention to Order Improvements pursuant to the Landscape and Lighting Act of 1972, and setting the time, date and place of the public hearing as May 21, 2013 at 7:00 p.m. Action: Adopted Resolution No. 2013–19 and set the public hearing for May 21, 2013 at 7:00 p.m. E. All-Way Stop at the Intersection of Colusa and Eureka Avenues Adopt a resolution authorizing the Public Works Director/City Engineer to establish an all- way stop at the intersection of Colusa Avenue and Eureka Avenue. Action: Adopted Resolution No. 2013–20. F. Central Avenue & Liberty Street Streetscape Improvements Project, City Project No. C-3063-A, Federal Project No. CML – 5239 (020) Adopt a resolution which will result in the following actions: 1) Approve plans for the Central Avenue and Liberty Street Streetscape Improvements Project; 2) Reject the bid from Sposeto Engineering, Inc. as non-responsive and accept all other bids; 3) Amend the Capital Improvement Program to appropriate an amount not to exceed $100,000 of available Measure A Street Improvement Funds for the Central Avenue and Liberty Street Streetscape Improvements Project; and 4) Authorize the City Manager to award a contract, contingent on successful negotiations with McGuire and Hester Corporation (the lowest responsible bidder for the project) for a deductive change order after undergoing a value engineering process which is not inconsistent with the revised budget for the Central Avenue and Liberty Street Streetscape Improvements Project, City Project No. C-3063-A. Action: Adopted Resolution No. 2013–21. G. Reduced Summer City Council Meeting Schedule Approve a recommendation to adopt a reduced City Council Meeting Schedule consisting of the third Tuesday in July, August and September 2013. This practice is consistent with the reduced schedule approved in the past twelve years. City Council meeting dates in July, August and September would be July 16, August 20 and September 17, 2013 with an additional request to keep the first Tuesday in July and September reserved for special meetings as needed. Action: Removed from the Consent Calendar at the request of Councilmember Bridges. Councilmember Bridges stated that she will be absent from the August 20 meeting. Mayor Lyman announced that he will be absent from the July 16 meeting. Moved, seconded (Abelson/Bridges) and carried unanimously to approve the recommendation. H. Support for Senate Bills 405 and 158 – Single Use Carry-Out Bag Legislation Approve a recommendation authorizing Mayor Lyman to sign letters expressing the City Council’s support of Senate Bill 405 (Padilla) and Assembly Bill 158 (Levine), regulating the distribution of single-use carryout bags; and direct the City Clerk to send the letters to ---PAGE BREAK--- Page 4 of 6 Version: 5/16/2013 Senator Padilla and Levine and other appropriate legislators and legislative bodies. Action: Approved recommendation. I. Support for Senate Constitutional Amendment 7 (Wolk) Approve a recommendation authorizing Mayor Lyman to sign a letter expressing the City Council’s support for Senate Constitutional Amendment 7, legislation that would place a constitutional amendment on the ballot to lower the local vote threshold from the existing two-thirds vote to 55% for communities seeking to pass a library construction bond measure or a special tax measure for library operations; and direct the City Clerk to send the letter to the members of the Senate Committee on Governance and Finance. Action: Approved recommendation. J. Committee on Aging Appointment Approve the Committee on Aging’s recommendation to appoint Arlinda Babcock to the Committee on Aging, effective May 15, 2013. Action: Approved recommendation. K. Environmental Quality Committee Appointment Approve the Environmental Quality Committee’s recommendation to appoint Kevin Wildenberg to the Environmental Quality Committee, effective May 8, 2013. Action: Approved recommendation. L. Tree Committee Appointment Approve the Tree Committee’s recommendation to appoint Michael Charlton to the Tree Committee, effective May 13, 2013. Action: Approved recommendation. 6. PUBLIC HEARING Master Fee Schedule Revision for Fiscal Year 2013-14 Conduct a public hearing and upon conclusion adopt a resolution approving the Fiscal Year 2013–14 Master Fee Schedule. Presenter: Lori Treviño, Economic Development Manager. Mayor Lyman opened the public hearing. No speakers. Moved, seconded (Abelson/Friedman) and carried unanimously to close the public hearing. Action: Moved, seconded (Friedman/Bridges) and carried unanimously to adopt Resolution No. 2013–22, including a revised Master Fee Schedule which deletes the street closure permit-after hours fee from page four because it is a fee that the Police Department no longer uses. 7. POLICY MATTERS – None. 8. COUNCIL ASSIGNMENTS/LIAISON REPORTS A. Mayor Lyman reported on his attendance at the East Bay League of California Cities meeting with Mayor Pro Tem Abelson on April 25, 2013 in which the attendees received a presentation by the East Bay Economic Development Alliance and the Contra Costa Council. Mayor Lyman also attended the Contra Costa Mayors Conference with Councilmember Benassini on May 2. Dan Borenstein spoke on the status of pension reform in California. The Mayors Conference action on the Plastic Bag Ban, specifically support for AB 128 and SB 405 was moved to the next Mayors Conference agenda to allow more time for each member ---PAGE BREAK--- Page 5 of 6 Version: 5/16/2013 city to consider the item. Mayor Lyman stated that he is very supportive of this matter. Letters of nomination for open positions on the ABAG Board of Directors and the East Bay Economic Development Alliance, need to be in by May 22. There are eight open positions. At the West County Mayors meeting the group discussed the effort to put forth unified candidates for regional appointments. Councilmember Friedman expressed interest in running for the East Bay Economic Alliance position. Mayor McLaughlin invited Mr. Friedman to attend the next West County Mayors meeting to introduce himself to the other West County Mayors. The West County Mayors also received a presentation on illegal hauling and dumping in the County. North Richmond and the unincorporated part of the County in particular, are affected by this activity. EBMUD also made presentations regarding earthquake preparedness and its proposed rate increase. Additionally, EBMUD is issuing an EIR regarding large diameter pipes that will be ripped up along Richmond Street, San Pablo Avenue and Barrett Avenue in an around El Cerrito. This is significant construction that may cause traffic issues. On May 18 the East Bay Regional Park District has planned a community trails/healthy walking challenge in Tilden Park to encourage everyone to get out and enjoy the trails and develop a healthy lifestyle. On May 1 the Human Relations Commission (HRC) met and continued its discussion on preparations for the 25th anniversary of the Martin Luther King Celebration and Parade. The Commission is asking for funds for the event and is also coordinating fund raising. HRC members also discussed waving of the Gay Pride flag during Gay Pride week. B. Mayor Pro Tem Abelson noted that the Healthcare Movie that will be shown at City Hall on May 18 and 22 is sponsored by the Committee on Aging and encouraged all to attend. C. Councilmember Benassini reported that she attended the ABAG General Assembly and was inspired by the stories of the work being done by other cities in the Bay Area and also enjoyed participating in the exchange of ideas. There were interesting presentations on projects from the cities of Fremont and Petaluma. The keynote speaker was Robert Reich, former U.S. Secretary of Labor and currently a professor at UC Berkeley. Mr. Reich spoke about various trends and how the One Bay Area Plan can help respond to those trends including an aging population and senior services, the diverging wage gap within the context of affordable housing, and also the need to prepare for Climate Change and reduce greenhouse gas emissions. Another speaker, a UC Berkeley professor, spoke about the interrelationship between how a city is built can influence how people interact and live. D. Councilmember Bridges reported that the Design Review Board (DRB) met and considered conceptual design review for AT&T wireless facilities that will be placed in the public right-of-way at six different sites. There weren’t too many comments. They are extensions on pre-existing PG&E poles. The project will return to the DRB as it moves through its process. On April 24 the Park and Recreation Commission met and approved the FY 2013-14 master fee schedule for the Recreation Department. It was also reported that there is a delay in the solar panel installation at the Community Center. At the time of the Park and Recreation Commission meeting there was no shared use agreement with the School District for local facilities however Councilmember Bridges recently learned that one was agreed upon prior to this evening’s City Council meeting. Additionally, the Recreation Department recently launched an eNewsletter and Councilmember Bridges noted that there are 802 in the childcare program. At the request of Councilmember Bridges, Christopher Jones, Recreation Director, reported that the Recreation Department informed the public through the eNewsletter and through written surveys in the office that the Department will implement a new schedule similar to ---PAGE BREAK--- Page 6 of 6 Version: 5/16/2013 the hours maintained by City Hall beginning May 13. Most survey respondents were in favor of the schedule change or didn’t care about the change. The Recreation Department will be closed alternate Fridays on the same Fridays that City Hall is closed. E. Councilmember Friedman stated that the Stockton Avenue Art Stroll on May 10 will also be repeated in September. SUPPLEMENTAL COMMUNICATIONS Item No. 5(C) Affordable Housing Week Proclamation 1. EBHO Affordable Housing Week Event Calendar – Submitted by Lisa Motoyama, RCD and EBHO. 2. EBHO’s Announcement of the 5th Annual State of Housing in the East Bay Symposium – Submitted by Lisa Motoyama, RCD and EBHO. Item No. 6 Master Fee Schedule 3. Business License Tax Rate Correction – Submitted by Lori Treviño, Economic Development Manager. Other: 4. Comments on the April 22, 2013 Eden Housing project Environmental Impact Report scoping meeting and historic resources ordinance – Submitted by Tom Panas, El Cerrito. 9. ADJOURNED REGULAR CITY COUNCIL MEETING at 9:38 p.m.