EL CERRITO CITY COUNCIL MINUTES
REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2022 – 7:00 p.m.
Members:
Mayor Gabe Quinto
Mayor Pro Tem Lisa Motoyama · Councilmember Janet Abelson Councilmember Paul Fadelli · Councilmember Tessa Rudnick Meeting Location:
Council Chambers, 10890 San Pablo Avenue El Cerrito, CA 94530 Interested individuals can also participate or view the City Council meeting as follows:
1. Cable T.V. Broadcast on KCRT Channel 28
2. Livestream Online at www.el-cerrito.org/CouncilMeetingMaterials
3. Via Zoom (Closed captioning available):
https://us06web.zoom.us/j/81861380240?pwd=WHBtQ055YUdOb2dOQ3ZGbFZlekliZz09 Dial in: 1-408-638-0968 Meeting ID: 818 6138 0240 Password: 051730 Each period for public comment will be announced. Public Comments may be submitted one of the following ways:
1. In-person by submitting a request to speak to the City Clerk.
2. Via Zoom using the “Raise Hand” icon to request to speak. If joining by phone, dial *9 to "raise your hand", and when prompted by the host, *6 to unmute/mute.
3. Via email to [email protected]. Email must contain in the subject line Public Comments – Not on Agenda or Public Comments – Agenda Item #.
To ensure City Council receives your written comments prior to taking action, they must be received by 4:00 p.m. the day of the meeting. All written comments received by this deadline will be provided to the City Council and posted online in advance of the meeting. Comments received after the deadline will be provided to the City Council and included with supplemental materials after the meeting. No written comments will be read into the record.
7:00 P.M. ROLL CALL – CONVENE REGULAR CITY COUNCIL MEETING Mayor Quinto called the meeting to order at 7:00 PM.
Present In-Person: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Fadelli, Councilmember Rudnick Present Remotely:
Councilmember Abelson Absent: None
1. PLEDGE OF ALLEGIANCE TO THE FLAG OR OBSERVATION OF A
MOMENT OF SILENCE
Consistent with the Brown Act as amended by AB 361 (2021), members of the City Council, staff, presenters and the public may participate in-person at the location listed above, or remotely via zoom. In-person attendance will be limited to available seats and designated accessible spaces only (no standing room) with chairs spaced to encourage social distancing. Masks are strongly recommended (full in-person protocols available here.)
11/15/2022 City Council Minutes Page 1 of 6
2. TELECONFERENCE AND PUBLIC COMMENT INSTRUCTIONS
3. COUNCIL/STAFF COMMUNICATIONS
Reports of closed session, commission appointments and informational reports on matters of general interest which are announced by the City Council and staff.
City Manager Pinkos - provided an update on the local emergency, current health conditions, and upcoming changes related to temporary local regulations.
Mayor Quinto - read a statement released on November 7th regarding a recent hate crime incident in El Cerrito; reported presentation given regarding housing at Civicwell webinar; reported appointment as the LAFCO representative for the Contra Costa Mayor's conference.
Councilmember Rudnick - reported on attendance at the San Pablo Ave holiday light celebration at Elevation 66.
Councilmember Fadelli - reported on attendance at Fire Safe El Cerrito 4th Anniversary event; and thanked El Cerrito campaign workers.
Motoyama - reported on attendance at the San Pablo Ave holiday light celebration at Elevation 66, Woman of the year celebration for Lavonna Martin, and meeting of the executive board for East Bay Economic Development Alliance.
A. City Council Wall of Fame Ad-Hoc Committee Update
Councilmember Abelson - reported on ad-hoc committee work and the recommendation to move forward applicant Norman La Force to the City Council to consider induction into the Wall of Fame at the December 6, 2022 City Council Meeting.
4. ORAL COMMUNICATIONS FROM THE PUBLIC
Remarks are typically limited to 3 minutes per person. The Mayor may reduce the time limit per speaker depending upon the number of speakers and may limit the total time for public comment to facilitate the completion of business on the agenda. Comments regarding non-agenda, presentation and consent calendar items will be heard first.
Comments related to items appearing on the Public Hearing or Policy Matter portions of the Agenda will be heard prior to the City Council taking action on each item.
All written comments submitted prior to and during the meeting were posted online as supplemental materials and incorporated into the official meeting record. Written public comments for matters not on the agenda were received from Cordell Hindler, Lisa Tsering, Michael Fischer, and Robin Mitchell.
Oral Public Comments:
Henry Symons - filling the current region representative position for Bay Area Rapid Transit (BART), introduced himself and shared an update on current work by BART in the city.
Joanna Pace - spoke regarding PG&E's prompt response to a gas leak and recent work completed to replacement service poles.
Bill Barish - representing 350 Contra Costa spoke in support of adoption of the San Pablo Ave Specific Plan update with the recommendations of the 11/15/2022 City Council Minutes Page 2 of 6
Environmental Quality Committee.
Robin Mitchell - spoke regarding the need to offer a hybrid option for boards, commissions, and committees as an accessibility issue.
Michael Fischer - provided an update on recent activity and meetings of the Contra Costa Library commission as the appointed El Cerrito representative.
5. ADOPTION OF THE CONSENT CALENDAR
All items on the consent calendar shall be acted upon in one motion, unless a member of the City Council or staff request separate consideration.
Moved/Seconded: Mayor Pro Tem Motoyama/Councilmember Abelson Action:
Approve the consent calendar as indicated below. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
A. Approval of Minutes
Action Proposed: Pass a motion to approve the minutes from the meetings of October 18 and November 1, 2022.
Contact: Holly M. Charléty, City Clerk, City Management Action: Approved Minutes
B. Authorize City Council and City Advisory Body Meetings to be Held Via Teleconference Pursuant to Assembly Bill 361 (AB 361) Action Proposed: Adopt a resolution authorizing City Council and City Advisory Body meetings to be held via teleconference for a period of 30 days, and making related findings pursuant to AB 361.
Contact: Holly M. Charléty, City Clerk, City Management Action: Approved Resolution No. 2022-88
6. PRESENTATIONS
A. Contra Costa Mosquito & Vector Control District Update (MVCD) Action Proposed: Receive and file an overview of the Contra Costa MVCD, as well as information on the current vacancy for El Cerrito representation on the Board of Trustees.
Contact: Nola Woods, Public Affairs Director, MVCD
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding a new type of mosquito and ways to alter preventative actions.
Action: Received and filed
B. El Cerrito Police Department 2021 in Review
Action Proposed: Receive and file a department update and review of 2021 from the El Cerrito Police Department.
11/15/2022 City Council Minutes Page 3 of 6
Contact: Paul Keith, Police Chief, Police Department
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding circumstances and description of a custodial event, officer requirement to file a complaint if a policy violation is witnessed, process for disposal of evidence, biggest need to retain police staff, response times, opinions regarding Citizen Advisory Committee, crime prevention programs, update on response to recent hate crime, staff retention and recruitment, return of officers on bicycles, trends in larceny, and Student Resource Officer program.
Oral Comments:
Carolyn Wysinger - expressed appreciation of the report and work of the Police Department and looks forward to updates regarding the license plate reader program.
Action: Received and filed
7. PUBLIC HEARINGS
A. San Pablo Avenue Specific Plan Update
Notice published 10/25/2022
Action Proposed: 1) Adopt a resolution certifying the Supplemental Environmental Impact Report (SEIR) for the San Pablo Avenue Specific Plan, adopting Environmental Impact Findings, Findings Regarding Alternatives, adopting a Statement of Overriding Considerations, and adopting the Mitigation Monitoring and Reporting Program (MMRP); 2) Adopt a resolution amending Figure 5: the Land Use & Circulation Map of the El Cerrito General Plan; 3) Adopt a resolution amending the San Pablo Avenue Specific Plan; and 4) Introduce and waive the first reading of an ordinance to rezone properties within the San Pablo Avenue Specific Plan area.
Contact: Sean Moss, Planning Manager; Melanie Mintz, Community Development Director, Community Development
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding Planning Commission recommendation versus staff recommendation, focus on support of climate action goals, impacts of moving the item to a future meeting to discuss further, Environmental Quality Committee (EQC) recommendations and variation in the staff recommendation, adaptation to legislative changes coming forward, and mitigation restrictions.
Written Public Comments: All written comments submitted prior to and during the meeting were posted online as supplemental materials and incorporated into the official meeting record. Written public comments for this item were received from Fred Bialy, Howdy Goudey, Denice A.
Dennis, MPH, Allison Cooper, Danielle Watters Westbrook, Robert M.
Gould, MD, and Nerisa de Jesus.
11/15/2022 City Council Minutes Page 4 of 6
Moved/Seconded: Councilmember Rudnick/Mayor Pro Tem Motoyama Action: Motion to extend the meeting to 11:15, continue the discussion and public hearing for this item to a future meeting, and continue to item
8.A. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None Mayor Quinto Opened the public hearing.
No public comments.
Moved/Seconded: Councilmember Abelson/Mayor Pro Tem Motoyama Action: Continue the public hearing to December 6th at 5:00 PM. Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto Noes: None
8. POLICY MATTERS
A. Budget Amendment for Community Recreation Swimming Pool RePlastering Project, City Project No. C5030.5 Action Proposed: Adopt a resolution amending the Fiscal Year (FY) 2022-23 Adopted Budget and Capital Improvement Program to appropriate $59,850 from the General Fund balance for construction of the Community Recreation Swimming Pool Re-Plastering Project, City Project No. C5030.5.
Contact: Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department; Christopher Jones, Recreation Director, Recreation Department
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding modifications to the scope, engineer's estimate, and timeline to complete the components removed.
Moved/Seconded: Mayor Pro Tem Motoyama/Councilmember Fadelli Action: Approve Resolution No. 2022-89. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
Moved/Seconded: Councilmember Abelson/Councilmember Fadelli Action: Extended the meeting time to 11:30 PM Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli Noes: Councilmember Rudnick
9. CITY COUNCIL LOCAL & REGIONAL LIAISON ASSIGNMENTS Mayor and City Council communications regarding local and regional liaison assignments and committee reports.
None
10. ADJOURN REGULAR CITY COUNCIL MEETING
The regular meeting adjourned at 11:20 PM to December 6, 2022 at 5:00 PM. 11/15/2022 City Council Minutes Page 5 of 6
Lisa Motoyama, Mayor
This is to certify that the foregoing is a true and correct copy of the minutes of the City Council meeting of November 15, 2022 as approved by the El Cerrito City Council.
Holly M. Charléty, MMC, City Clerk
11/15/2022 City Council Minutes Page 6 of 6
Certificate Of Completion
Envelope Id: 5C02CDD86F4B4E66AD4B4CA6BC6AE9B7 Status: Completed Subject: Meeting Documents from 2.21.2023 Council meeting Source Envelope:
Document Pages: 54 Signatures: 22 Envelope Originator:
Certificate Pages: 5 Initials: 0 Lina Huang
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US &
Canada)
Stamps: 4 10890 San Pablo Ave
El Cerrito, CA 94530
[email protected]
IP Address: 66.122.109.130
Record Tracking
Status: Original
2/27/2023 3:05:44 PM
Holder: Lina Huang
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
HCharlety
[email protected]
City Clerk
City of El Cerrito
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 66.122.109.130
Sent: 2/27/2023 3:21:25 PM
Viewed: 2/27/2023 3:54:00 PM
Signed: 2/27/2023 3:55:01 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lisa Motoyama
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 104.28.123.34
Signed using mobile
Sent: 2/27/2023 3:55:08 PM
Viewed: 2/28/2023 12:40:21 PM
Signed: 2/28/2023 12:45:06 PM
Electronic Record and Signature Disclosure:
Accepted: 2/28/2023 12:40:21 PM
ID: 228a4156-b695-4e47-ac19-ae365adf8dd3
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 2/27/2023 3:21:25 PM
Certified Delivered Security Checked 2/28/2023 12:40:21 PM Signing Complete Security Checked 2/28/2023 12:45:06 PM Completed Security Checked 2/28/2023 12:45:06 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of El Cerrito (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.10 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 1/25/2023 4:17:36 PM Parties agreed to: Lisa Motoyama
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of El Cerrito:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected] To advise City of El Cerrito of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from City of El Cerrito
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of El Cerrito
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guidesigning-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify City of El Cerrito as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of El Cerrito during the course of your relationship with City of El Cerrito.