EL CERRITO CITY COUNCIL MINUTES
SPECIAL CITY COUNCIL MEETING
TUESDAY DECEMBER 06, 2022 – 5:00 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/86967707751?pwd=MWtvTUhBL1VxZkkvbWJaOG1XZm1QQT09 Meeting ID: 869 6770 7751 Password: 288948 Dial in: 1-408-638-0968 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 2:00 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.
5:00 P.M. ROLL CALL – CONVENE SPECIAL CITY COUNCIL MEETING Mayor Quinto called the meeting to order at 5:00 PM.
Present: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Absent: None 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.)
12/06/2022 City Council Minutes Page 1 of 9
1. PLEDGE OF ALLEGIANCE TO THE FLAG OR OBSERVATION OF A
MOMENT OF SILENCE
2. TELECONFERENCE AND PUBLIC COMMENT INSTRUCTIONS
3. PUBLIC HEARING (CONTINUED FROM 11/15/2022)
A. San Pablo Avenue Specific Plan Update - Continued Hearing Public Hearing adjourned from 11/15/2022, notice published 11/19/2022 Action Proposed: Continue the public hearing and 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 capacity of units included in the plan, changes to the open space policy, clarification of shadow standards, effects on the proposed development at Bay Area Rapid Transit (BART) stations, electricity and electric vehicle, amendments, review of recommendations by the Environmental Quality Committee, how to capture technological changes, effects of recent legislation changes, enforcement protocols, and confirmed inclusion of Planning Commission recommendations included in staff
recommendations, collaboration with the City of Richmond, and how the plan will work in conjunction with the climate action plan.
Public Hearing: Mayor Quinto opened the public hearing.
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, and Robin Mitchell.
Oral Public Comments:
Howdy Goudey - spoke regarding the responsibility to make meaningful climate action commitments now and not delay to a future date.
Robin Mitchell - commented on support of the inclusion of more climate action and electrification requirements in adoption of the plan and need for 12/06/2022 City Council Minutes Page 2 of 9
immediate action.
Danielle Watters Westbrook - spoke in favor of adoption of the recommendations made by the Planning Commission and Environmental Quality Committee and take bolder climate actions.
Fred Bialy - commented on the need to take action now rather than postpone action to a later date.
Moved/Seconded: Mayor Pro Tem Motoyama/Councilmember Abelson Action: Closed the public hearing. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
Moved/Seconded: Councilmember Abelson/Councilmember Rudnick Action: Approved Resolution 2022-90 with revised EIR provided in supplemental materials Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
Moved/Seconded: Mayor Pro Tem Motoyama/Councilmember Rudnick Action: Approved Resolution 2022-91 Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
Moved/Seconded: Mayor Pro Tem Motoyama/Councilmember Rudnick Action: Approved Resolution 2022-92 Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
Moved/Seconded: Mayor Pro Tem Motoyama/Councilmember Fadelli Action: Introduced by title and waived the first reading of the ordinance.
Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None City Council recessed from 6:18 to until 6:30.
7. PRESENTATIONS
B. Proclamation Honoring Maintenance Superintendent Bill Driscoll in Retirement (Heard out of Order)
Action Proposed: Pass a motion to approve a proclamation recognizing and honoring Maintenance Superintendent Bill Driscoll in retirement after serving the City of El Cerrito for 24 years.
Contact: Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Staff and Councilmembers provided well wishes and gratitude for over 2 decades of service to El Cerrito.
12/06/2022 City Council Minutes Page 3 of 9
Moved/Seconded: Councilmember Rudnick/Councilmember Abelson Action: Approved Proclamation. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
4. 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 city hall public hours returning to regular business hours beginning in January, open every other Friday by appointment only; and the current community survey being conducted.
Announced the movement of Consent Item 6.C. to Policy.
Councilmember Rudnick - Reported on attendance at the Bay Area Network of Jewish Officials meeting.
Mayor Pro Tem Motoyama - reported attendance at the Enhanced Infrastructure Financing District (EIFD) subcommittee meeting, the Contra Costa Mayors conference, and the Marin Clean Energy (MCE) Executive committee meeting.
Councilmember Abelson - announced her decision to retire from the City Council.
Councilmember Fadelli - reported on attendance at a tour of new Mayfair development at Del Norte; community outreach on the United Against Hate regional campaign; and commented on support for County election officials.
Mayor Quinto - reported on attendance at Richmond City Council meeting, retirement event for Amy Worth, and Cal Cities Leadership summit.
5. 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.
Oral Public Comments:
Greg Lyman - announced the upcoming Sundar Shadi holiday display from December 17 through December 26, 2022.
Linda Cain - spoke regarding senior services and need for a location. 12/06/2022 City Council Minutes Page 4 of 9
6. 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: Councilmember Rudnick/Mayor Pro Tem Motoyama Action:
Approved Consent Items A & B as indicated below. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
A. Approve the 2023 Regular Meeting Schedule for City Council and provide staff direction to return with an ordinance to modify the regular meeting start time from 7:00 PM to 6:00 PM.
Action Proposed: Pass a motion to 1) approve the regular meeting schedule for 2023, modifying the regular meeting start time to 6:00 PM, reducing to the third Tuesday of the month for January, July, August and September, adding a Council Retreat on February 4th, and adding three 4:00 PM meetings for bi-annual advisory body interviews; and 2) direct staff to return with legislation to formally modify the regular meeting start time from 7:00 PM to 6:00 PM.
Contact: Holly Charléty, City Clerk, City Management
Approved schedule and directed staff to return with ordinance for time change.
B. Approve Contract Request with Maze and Associates Accountancy Corporation for Accounting Temporary Services
Action Proposed: Adopt a resolution authorizing the City Manager to increase the professional services agreement for temporary accounting staff with Maze & Associates Accountancy Corporation by $65,000.00 and extend the terms through June 30, 2023.
Contact: Sandra Dalida, Finance Director/City Treasurer, Finance Department
Action: Approved Resolution 2022-93
9. POLICY ITEMS
C. Adoption of a Side Letter between the City of El Cerrito and the El Cerrito Police Employees' Association (Moved from Consent to Policy, heard out of order)
Action Proposed: Adopt a resolution approving a side letter agreement between the City of El Cerrito and the El Cerrito Police Employees' Association Memorandum of Understanding (MOU) to modify the language on salaries and other working conditions and address recruitment and retention concerns.
Contact: Shannon Bassi, Senior Human Resources Analyst
Presentation and Discussion: Presenters and staff responded to 12/06/2022 City Council Minutes Page 5 of 9
comments and questions raised by members of the council regarding impact of officers leaving for incentives offered by neighboring agencies, impact of current vacancies.
Moved/Seconded: Councilmember Abelson/Mayor Pro Tem Motoyama Action: Approved Resolution 2022-94 Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
8. PUBLIC HEARINGS (NOT TO BEGIN PRIOR TO 7PM)
A. Proposed East Bay Sanitary Garbage & Organic Waste Collection and Post-Collection Rates and Integrated Waste Management Fees - - Effective January 1, 2023
Notice published 11/26/22 and 12/2/22
Action Proposed: Conduct a public hearing and upon conclusion adopt a resolution establishing maximum allowable East Bay Sanitary (EBS) garbage and organic waste collection and post-collection rates, effective January 1, 2023.
Contact: Will Provost, Operations and Environmental Services Division Manager; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding the volatility of the post-collection recycling market, rate inclusive of administrative costs, conversion of organic materials into renewable resources, increased fees for additional legislation, future edible foods processing, multi-unit collection efforts, and illegal dumping abatement.
Public Hearing: Mayor Quinto opened the public hearing.
No public comments
Moved/Seconded: Councilmember Fadelli/Councilmember Abelson Action: Closed the public hearing. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
Moved/Seconded: Councilmember Rudnick/Councilmember Abelson Action: Adopted Resolution 2022-95 Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
12/06/2022 City Council Minutes Page 6 of 9
7. PRESENTATIONS
A. Federal Update from Congressman Desaulnier (Heard out of Order) Action Proposed: Receive and file a presentation from Congressman Desaulnier regarding federal updates and partnership throughout his tenure as El Cerrito's federal representative.
Contact: Holly M. Charléty, City Clerk, City Management Action: Received and filed
8. PUBLIC HEARINGS (NOT TO BEGIN PRIOR TO 7PM)
B. Temporary Outdoor Dining and Retail Program Urgency Ordinance Notice Published 11/26/22; 4/5 vote required for adoption; exempt from CEQA per Section 15061(b)(3)
Action Proposed: Conduct a public hearing and upon conclusion adopt an interim urgency ordinance extending the Temporary Outdoor Dining and Retail Program to support business recovery. A four-fifths vote of the City Council is necessary to adopt an interim urgency ordinance.
Contact: Sean Moss, Planning Manager; Diego Romero, Assistant Planner; Aissia Ashoori, Housing-Economic Development Manager, Community Development Department; Yvetteh Ortiz, City Engineer/Public Works Director
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding park-lets, options for El Cerrito Plaza businesses,
Public Hearing: Mayor Quinto opened the public hearing.
Oral Public Comments:
Howdy Goudey - spoke regarding the need to incorporate climate action restrictions to outdoor heating units that use fossil fuels.
Linda Cain - spoke in support of incorporating outdoor heating units using non-fossil fuels.
Moved/Seconded: Councilmember Abelson/Mayor Pro Tem Motoyama Action: Closed the public hearing. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
Moved/Seconded: Mayor Pro Tem Motoyama/Councilmember Fadelli Action: Failed motion to adopt the ordinance, amending guidelines to encourage non-fossil fuel alternatives for space heating unit.
Ayes: Mayor Pro Tem Motoyama, Councilmember Fadelli Noes: Mayor Quinto, Councilmember Abelson, Councilmember Rudnick
12/06/2022 City Council Minutes Page 7 of 9
Moved/Seconded: Councilmember Abelson/Councilmember Rudnick Action: Adopted Urgency Ordinance 2022-04 Ayes: Mayor Quinto, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: Mayor Pro Tem Motoyama
9. POLICY MATTERS
A. City Council Wall of Fame Nomination Ad-Hoc Committee Recommendation
Action Proposed: Consider the Wall of Fame Ad-Hoc Committee’s recommendation to induct Norman La Force into the El Cerrito Wall of Fame and direct the City Clerk to return to the City Council with a resolution confirming the appointment and schedule the formal induction ceremony at a future City Council meeting pending availability of all parties involved.
Contact: Holly M. Charléty, City Clerk, City Management Moved/Seconded: Councilmember Abelson/Mayor Pro Tem Motoyama Action: Approved the City Council Ad-Hoc recommendation to induct Norman La Force into the Wall of fame and directed the City Clerk to return with a resolution confirming the appointment and schedule the formal induction ceremony. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
B. Consulting Services Agreement with Cascadia Consulting Group to update the City of El Cerrito Climate Action Plan
Action Proposed: Adopt a resolution authorizing the City Manager to execute a consulting services agreement with Cascadia Consulting Group, to develop a Climate Action and Adaptation Plan (CAAP) and a policy or ordinance to prohibit natural gas in new construction citywide concurrent with the development of the CAAP, in the amount not to exceed $147,335, and amending the Fiscal Year 2022-23 Adopted Budget to appropriate $147,335 from the General Fund Unreserved Fund Balance to cover the costs for this work.
Contact: Christina Leard, Management Analyst III; Will Provost, Operations and Environmental Services Division Manager; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding available grants, survey and outreach plan, equity considerations and approach, tracking of appropriations approved against the unreserved general fund, status of the receipt of American Rescue Plan Act funds, consultant staff assignments, electrification efforts and timeline, and protection of transformers and micro-grids.
12/06/2022 City Council Minutes Page 8 of 9
Oral Public Comments:
Howdy Goudey - spoke on council actions taken at the meeting not supporting that the council is willing to make real climate action and questioned funds being spent on the approval of the update.
Moved/Seconded: Councilmember Abelson/Mayor Pro Tem Rudnick Action: Adopted Resolution 2022-96. Ayes: Councilmember Quinto, Mayor Motoyama, Councilmember Abelson, Councilmember Fadelli, Mayor Pro Tem Rudnick Noes: None
10. CITY COUNCIL LOCAL & REGIONAL LIAISON ASSIGNMENTS
Mayor and City Council communications regarding local and regional liaison assignments and committee reports.
Motoyama - announced the continuation of service on the Cal Cities Housing, Community, and Economic Development Policy Committee.
Rudnick - announced her Cal Cities presidential appointment to the Public Policy Committee.
Mayor Quinto - announced the continuation of service on the Cal Cities Environmental Policy Committee.
11. ADJOURN REGULAR CITY COUNCIL MEETING
The regular meeting adjourned at 9:45 PM
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 December 6, 2022 as approved by the El Cerrito City Council.
Holly M. Charléty, MMC, City Clerk
12/06/2022 City Council Minutes Page 9 of 9
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
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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
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City Clerk
City of El Cerrito
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