Cities Index.
Minutes

El Cerrito City Council
February 7, 2023

Document
Minutes
Meeting
February 7, 2023
Body
El Cerrito City Council
Original file
380 KB
Text extracted from the city's file for reading and search. Open the original on elcerritoca.api.civicclerk.com. That file is the official record.

Mayor Councilmembers
Lisa Motoyama Paul Fadelli
Mayor Pro Tem Gabriel Quinto
Tessa Rudnick Carolyn Wysinger

EL CERRITO CITY COUNCIL MINUTES
TUESDAY, FEBRUARY 7, 2023
View (Regular Meeting Only):

1. Cable T.V. Broadcast on KCRT Channel 28

2. Livestream Online at www.el-cerrito.org/CouncilMeetingMaterials Teleconferencing: Consistent with the Brown Act as amended by AB 361 (2021), all individuals may participate in-person at the location listed above, or remotely via zoom.

In-person attendance limited to available seats and designated accessible spaces only (no standing room). Masks are strongly recommended (full in-person protocols available here.)
Accommodations: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at 510- 215-4305. Notification 48 hours prior to the meeting will enable the City to make reasonable accommodations. Closed Captions available via zoom.

Conduct: This meeting shall be conducted pursuant to the El Cerrito City Council Rules of Order and Procedure, including adjourning by 11:00 PM unless extended to a specific time determined by a majority of the Council.

Public Comments:

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.

3. By Phone at 1-408-638-0968, dial *9 to "raise your hand".

4. By Email to [email protected] identified in the subject line as Public Comments – Agenda Item #.

Written comments received by 2:00 p.m. the day of the meeting 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 will be posted after the meeting.

SPECIAL CITY COUNCIL MEETING (5:00 PM)
Hillside Conference Room - 10890 San Pablo Ave, El Cerrito Join Via Zoom:
https://us06web.zoom.us/j/85276251169?pwd=OE91T2p6S2ZOc1VZSWVyNUlBZVA1QT09 Meeting ID: 852 7625 1169 Password: 606388 Dial in: 1-408-638-0968 REGULAR CITY COUNCIL MEETING (6:00 PM)
Council Chambers - 10890 San Pablo Ave, El Cerrito
Join Via Zoom:
https://us06web.zoom.us/j/81055939387?pwd=UnJ3Z1ZLUGttcXZKSDRFNU56RkRzdz09 Meeting ID: 810 5593 9387 Password: 732723 Dial in: 1-408-638-0968 02/07/2023 City Council Minutes Page 1 of 7



 








5:00 PM ROLL CALL - CONVENE SPECIAL CITY COUNCIL MEETING Mayor Motoyama called the meeting to order at 5:00 PM.

Present In-Person: Mayor Motoyama (absent from 7:16 – 7:50 PM), Mayor Pro Tem Rudnick, Councilmember Fadelli, and Councilmember Quinto Absent: Councilmember Wysinger

1. ORAL COMMUNICATIONS FROM THE PUBLIC
All persons wishing to speak should sign up with the City Clerk. Remarks are typically limited to 3 minutes per person and to items on the special meeting agenda only.

None

2. CLOSED SESSION CONFERENCE WITH NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Karen Pinkos, City Manager; Alexandra Orologas, Assistant City Manager; Shannon Bassi, Senior Human Resources Analyst; Glenn Berkheimer, Labor Negotiator; and Sky Woodruff, City Attorney.

Employee Organizations: Public Safety Management Association (PSMA); and United Professional Firefighters Local 1230.

Contact: Sky Woodruff, City Attorney, City Management
The City Council convened to Closed Session at 5:02 PM. No reportable action.

3. ADJOURN REGULAR CITY COUNCIL MEETING
The special meeting adjourned at 5:45 PM
6:00 PM ROLL CALL – CONVENE REGULAR CITY COUNCIL MEETING Mayor Motoyama called the meeting to order at 6:02 PM. Present InPerson: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, and Councilmember Quinto Present Remotely: Councilmember Wysinger Absent: None

1. PLEDGE OF ALLEGIANCE TO THE FLAG OR OBSERVATION OF A

MOMENT OF SILENCE

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.

Public Works Director Yvetteh Ortiz - announced the City, in partnership with Contra Costa Transportation Authority, was awarded $8 million dollars from the Federal Safe Streets and Roads for All Grant program.

Housing Manager Aissia Ashoori - announced the new City Pro Housing designation status announced by the California Governor Newsom.

Mayor Motoyama - announced upcoming Rosie the Riveter event; reported on the 5:00 PM closed session; announced 4th quarter recognition of centenarians including Edith Paolini, Florence Bryndza, Phyllis R. Cobb, Lai Tsen, and 02/07/2023 City Council Minutes Page 2 of 7



 








Theresa Parella; and announced the formal disbanding of the Climate Action, State Audit Fiscal Response, and Wall of Fame Ad-Hoc committees.

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, Avis Codron (Chair, Park and Recreation Commission), El Cerrito Tennis Club, and Howdy Goudy; and consent item #5B from Howdy Goudey.

Oral Public Comments:

Buddy Akacic - spoke regarding the senior community in El Cerrito.

5. PRESENTATIONS
A. Proclamation Honoring Captain Brian Cheshareck Firefighter of the Year
Action Proposed: Approve a proclamation honoring Captain Brian Cheshareck as Firefighter of the Year in the City of El Cerrito.

Contact: Eric Saylors, Fire Chief, Fire Department
Moved/Seconded: Mayor Pro Tem Rudnick/Councilmember Quinto Action: Approved the Proclamation. Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None
B. Legislative Bodies and Remote Participation Regulations Effective March 1, 2023
Action Proposed: Receive and file a presentation reviewing updates to legislation related to remote participation in meetings subject to the Brown Act including AB361, AB2449, and existing requirements under the Brown Act.

Contact: Holly M. Charléty, City Clerk; Sky Woodruff, City Attorney, City Management
Action: Received and filed
C. Presentation of wood-frame target story (“soft story”) multi-unit residential properties
Action Proposed: Receive and file a presentation regarding a study of wood-frame target story (“soft story”) multi-unit residential properties in El Cerrito.
02/07/2023 City Council Minutes Page 3 of 7



 








Contact: Aissia Ashoori, Housing Manager; Keith Marks, Chief Building Official; Melanie Mintz, Community Development Director, Community Development Department
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding multi-family units, future development regulations, education and outreach for available retrofit rebates, available state funding, improvements to new and existing buildings, updating inventory to reflect properties doing work without a mandate, property owner options for funding assistance, importance of the 1980 cutoff, and age of structures in relation to age.

Action: Received and filed

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: Mayor Pro Tem Rudnick/Councilmember Quinto Action:

Approved the consent calendar as indicated below. Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None
A. Day Of Remembrance Of Japanese American Incarceration During World War II
Action Proposed: At the request of Mayor Motoyama, approve a proclamation recognizing February 19 as a Day of Remembrance of Japanese American Incarceration in El Cerrito.

Contact: Holly M. Charléty, City Clerk, City Management Action: Approved Proclamation
B. Black History Month Proclamation
Action Proposed: Pass a motion to approve a proclamation declaring February as Black History Month in the City of El Cerrito, and flying the Pan African Flag for the month of February.

Contact: Shannon Bassi, Senior Human Resources Analyst, Human Resources
Action: Approved Proclamation
C. Lunar New Year Proclamation
Action Proposed: Pass a motion to approve a proclamation recognizing the cultural and historical significance of Lunar New Year in the City of El Cerrito.

Contact: Shannon Bassi, Senior Human Resources Analyst, Human Resources
Action: Approved Proclamation
02/07/2023 City Council Minutes Page 4 of 7



 








D. 2nd Read and Adoption of an Ordinance Amending City Council Regular Meeting Start Time
1st Reading 1/17/2023
Action Proposed: Pass a motion to waive the second reading and adopt Ordinance 2023-02 amending Section 2.04.010 to change the Regular City Council meeting start time from 7:00 p.m. to 6:00 p.m Contact: Holly M. Charléty, City Clerk, City Management Action: Adopted Ordinance No. 2023-2
E. Parking Time Limit Modification in front of 10340 San Pablo Avenue Action Proposed: Approve a resolution authorizing the Public Works Director/City Engineer to install eighteen (18) feet of green curb markings with a parking time limit of thirty (30) minutes in front of 10340 San Pablo Avenue.

Contact: Roland Lambert, Interim Engineering Manager/Senior Engineer, Public Works Department; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Action: Approved Resolution No. 2023-6
F. Acceptance and Agreements for Emergency Vehicle Access Easements at 1711 and 1755 Eastshore Boulevard
Action Proposed: Adopt a resolution accepting two Emergency Vehicle Access Easements from Security Public Storage – El Cerrito, LLC, and from El Cerrito Affordable Housing Partners, LLC (“Owners”), to provide access for emergency vehicles at 1711-1755 Eastshore Boulevard, and authorizing the City Manager to execute two Certificates of Acceptance for the Easement Deeds and record the easements.

Contact: Sean Moss, Planning Manager, Community Development Action: Approved Resolution No. 2023-7

7. PUBLIC HEARINGS

8. POLICY MATTERS
A. Predevelopment Loan with ECP Parcel A South Housing Partners, LP for the El Cerrito Plaza BART Transit-Oriented Development, and Inclusion of City Owned Property in Project Application Action Proposed: 1) Adopt a resolution authorizing the City of El Cerrito to enter into a Predevelopment Loan Agreement (Loan) with ECP Parcel A South Housing Partners, LP (Developer), for the property located at 515 Richmond Street - APN 504-050-012-5 - also known as Parcel A South (ECP-PAS) - El Cerrito Plaza BART Transit-Oriented Development (Development) for predevelopment activities related to the construction of 70 affordable housing units; and 2) Adopt a resolution authorizing the inclusion of a small City-owned property to be included in an entitlement 02/07/2023 City Council Minutes Page 5 of 7



 








application for a portion of the residential development in the El Cerrito Plaza BART Station Transit-Oriented Development Project and authorizing the City Manager to sign necessary development applications to include the property and to initiate negotiations for potential conveyance of the property to BART.

Contact: Aissia Ashoori, Housing Manager; Sean Moss, Planning Manager; Melanie Mintz, Community Development Director, Community Development Department
Mayor Motoyama recused herself to avoid any potential conflict of interest and left the Council chamber at 7:16 PM.

Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding lowand moderate-income housing asset fund, expected growth and future funding sources,
Public Comments:

Rebecca Saltzman - BART Boardmember, spoke regarding the project and collaboration between the City and BART and shared perspective as an El Cerrito resident.

Moved/Seconded: Councilmember Quinto/Councilmember Fadelli Action: Approved Resolution No. 2023-8 and 2023-09. Ayes: Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None Absent: Mayor Motoyama (recused due to potential conflict of interest)
B. Caltrans Maintenance Agreements for El Cerrito del Norte TransitOriented Development Complete Streets Improvement Project and On-going Operations
Action Proposed: Adopt a resolution approving and authorizing execution of an Electrical Facilities Cost Sharing Agreement, Amendment No. 3 to Agreement for Maintenance of State Highways, and a Project Specific Maintenance Agreement between the State of California Department of Transportation (Caltrans) and the City of El Cerrito (City) for the El Cerrito del Norte Transit-Oriented Development (TOD) Complete Streets Improvement Project and on-going operations.

Contact: Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Mayor Motoyama returned to the Council Chambers at 7:50 PM.

Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding future plans for Cutting Blvd., investment, cost increases, and commonality of self-insurance on similar projects in other jurisdictions.

Public Comments:

Howdy Goudey - spoke regarding the transition of electrical accounts back to Caltrans and the continuation of deep green renewable power sources. 02/07/2023 City Council Minutes Page 6 of 7



 








Linda Cain - commented on the process for public comments and looking forward to improvements in the Del Norte Area.

Moved/Seconded: Mayor Motoyama/Councilmember Fadelli Action:

Approved Resolution No. 2023-10 and directed staff to separately negotiate with Caltrans regarding the responsibility for the trash capture devices under a future amendment to the Agreement for Maintenance of State Highways in the City of El Cerrito or implementation of another mechanism for trash load reduction that would benefit both parties in complying with Water Quality Control Board requirements.

Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None

9. CITY COUNCIL LOCAL & REGIONAL LIAISON ASSIGNMENTS
Mayor and City Council communications regarding local and regional liaison assignments and committee reports.

Councilmember Quinto - reported on attendance at Crime Prevention Committee and thanked outgoing member Eugene Go.

Councilmember Fadelli - announced appointment as Chair for the West Contra Costa Transportation Advisory Committee (WCCTAC) and appointed to serve on the Contra Costa Transportation Authority.

Councilmember Wysinger - reported on attendance at Design Review Board and Financial Advisory Board, service on the Insurance Commission Mayor Motoyama - reported attendance at Cal Cities New Mayors and Councilmember Conference; Housing, Community, and Economic Development Policy Meeting; Revenue and Taxation Policy Meeting; ribbon cutting for Super Slice; Police Department swearing in ceremony; Contra Costa Mayors Conference and City Council retreat.

10. ADJOURN REGULAR CITY COUNCIL MEETING
In memory of former El Cerrito Councilmember and Mayor Janet Abelson.

The regular meeting adjourned at 8:29 PM in honor of former Mayor and Councilmember Janet Abelson.

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 February 7, 2023 as approved by the El Cerrito City Council.

Holly M. Charléty, MMC, City Clerk
02/07/2023 City Council Minutes Page 7 of 7



 








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.

← All documents from this meeting