Agenda packet, second session — El Cerrito City Council, February 15, 2022

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AGENDA

REGULAR CITY COUNCIL MEETING
FEBRUARY 15, 2022 – 7:00 p.m.

Members:

Mayor Gabe Quinto
Mayor Pro Tem Lisa Motoyama · Councilmember Janet Abelson Councilmember Paul Fadelli · Councilmember Tessa Rudnick Join Via Zoom:
https://us06web.zoom.us/j/86227087076?pwd=Snpsb3F1emFDN1QrT2pyN2phbnJxZz09 Meeting ID: 862 2708 7076 Password: 516293
or Dial in: 1-408-638-0968
The City Council may continue to meet by teleconference, consistent with the Brown Act as amended by AB 361 (2021). Under the amended rules, the City will not provide a physical location for members of the public to participate in the teleconference meeting.

Members of the public can watch or listen to City Council meetings as follows:

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

2. Radio Broadcast on FM 88.1 Or 97.7

3. Livestream Online at www.el-cerrito.org/CouncilMeetingMaterials

4. Via Zoom using the meeting information listed above.

Each period for public comment will be announced. Public Comments may be submitted one of two ways:
 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.  Via email to [email protected]. Email must contain in the subject line Public Comments – Not on the 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.

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7:00 P.M. ROLL CALL – CONVENE REGULAR CITY COUNCIL MEETING

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.

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.

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.

A. 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 B. Continuation of Emergency Work for Public Safety Building Roof Repair
4/5 Vote Required to Pass
Action Proposed: Adopt a resolution authorizing the continuation of emergency work to repair the Public Safety Building roof.

Contact: Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
C. Adopt a Resolution in Opposition to Taxpayer Protection and Government Accountability Act (Intiative No. 21-0042A1) Agenda Packet Page 2 of 67

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Action Proposed: At the request of Mayor Quinto, pass a Resolution in Opposition to the Taxpayer Protection and Government Accountability Act (Intiative No. 21-0042A1) regarding new and stricter rules for raising taxes and fees.

Contact: Holly M. Charléty, City Clerk, City Management

6. PRESENTATIONS
A. Public Works Department Update
Action Proposed: Receive and file an operational and fiscal update from the Public Works Department.

Contact: Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department

7. PUBLIC HEARINGS

8. POLICY MATTERS
A. Adoption of Code of Conduct for Board, Commission, and Committee Members
Action Proposed: Adopt a resolution to approve revisions to the Code of Conduct for City Board, Commission, and Committee members.

Contact: Holly M. Charléty, City Clerk, City Management

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

10. ADJOURN REGULAR CITY COUNCIL MEETING
The next regularly scheduled City Council meeting is Tuesday, March 1, 2022 at 7:00 p.m.

The City of El Cerrito serves, leads and supports our diverse community by providing exemplary and innovative services, public places and infrastructure, ensuring public safety and creating an economically and environmentally sustainable future.
 Council Meetings can be heard live on FM Radio, KECG – 88.1 and 97.7 FM and viewed live on Cable TV - KCRT- Channel 28. The meetings are rebroadcast on Channel 28 the following Thursday and Monday at 12 noon, except on holidays. Live and On-Demand Webcast of the Council Meetings can be accessed from the City’s website http://www.el-cerrito.org/CouncilMeetingMaterials and is streamed with closed caption. Copies of the agenda bills and other written documentation relating to items of business referred to on the agenda are on file and available for public inspection in the Office of the City Clerk, at the El Cerrito Library and posted on the City’s website at www.el-cerrito.org prior Agenda Packet Page 3 of 67

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to the meeting.
 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk, 510-215-4305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR

35.102-35.104 ADA Title I).
 The Deadline for agenda items and communications is eight days prior to the next meeting by 12 noon, City Clerk’s Office, 10890 San Pablo Avenue, El Cerrito, CA. Tel: 510-215–4305, email [email protected]
 IF YOU CHALLENGE A DECISION OF THE CITY COUNCIL IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE COUNCIL MEETING.

ACTIONS CHALLENGING CITY COUNCIL DECISIONS SHALL BE SUBJECT TO THE TIME LIMITATIONS CONTAINED IN CODE OF CIVIL PROCEDURE SECTION 1094.6.  The City Council believes that late night meetings deter public participation, can affect the Council’s decision-making ability, and can be a burden to staff. City Council Meetings shall be adjourned by 11:00 p.m., unless extended to a specific time determined by a majority of the Council.

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AGENDA BILL
Agenda Item No. 5.A.

Date: February 15, 2022
To: El Cerrito City Council
From: Holly M. Charléty, City Clerk, City Management
Subject: 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.

BACKGROUND/ANALYSIS
All meetings of the City Council and the City’s other legislative bodies are open and public, as required by the Brown Act, so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business. On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means in order to slow the spread of COVID-19. As a result of Executive Order N-29-20, staff set up virtual meetings for all City Council meetings and other City legislative bodies. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ended the provisions of Executive Order N-29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means.

On September 16, 2021, the Governor signed Assembly Bill 361 ("AB 361") into law which provides the ability for legislative bodies to continue meetings via teleconferencing under specified conditions and includes a requirement that the legislative body make specified findings. AB 361 took effect upon the expiration of Executive Order N-29-20 on October 1, 2021. AB 361 allows a local agency legislative body to hold a meeting utilizing teleconferencing without complying with the standard teleconferencing requirements if the Governor has proclaimed a State of Emergency and if state or local officials have imposed or recommended measures to promote social distancing. These conditions continue to exist. AB 361 further states that a local agency must make certain findings by a majority vote in order to use the bill's exemptions to the Brown Act teleconferencing rules. Any such findings are effective for a period of 30 days, after which such findings must again be declared in order to continue meeting under the provisions of AB 361.

To date, the City Council has adopted resolutions making the aforementioned findings for the period between October 5, 2021 through February 20, 2022. Staff is requesting that the City Council again adopt the proposed resolution, directing staff to continue facilitating all meetings of the City of El Cerrito and City Advisory Bodies pursuant to the Agenda Packet Page 5 of 67
Agenda Item No. 5.A.
requirements of AB 361 in order to better ensure the health and safety of the public. If adopted, this resolution would be in effect for the 30 day period of February 21, 2022 - March 22, 2022. The attached resolution makes the findings to confirm the current conditions to allow teleconference meetings pursuant to AB 361 for the City Council and on behalf of all of the commissions and committees created by the City Council pursuant to Government Code section 54952(b). The attached resolution also authorizes hybrid meetings held both via teleconference and in-person. This resolution will allow members of the public to safely observe and participate in local government teleconference meetings during the continued pandemic.

If a meeting is held via teleconference, including a hybrid meeting, the following requirements apply under AB 361:

1. Notices and agenda requirements remain the same under the Brown Act;

2. No physical location is required for public attendance or public comment. However, the public must be able to access and participate in the meeting through a call-in or an internet-based service, and instructions for how to participate must appear in the posted notices or agenda;

3. Teleconference meetings must protect the statutory and constitutional rights of the parties and the public;

4. If there is any disruption of the call-in or internet-based service, the agency must suspend the meeting until the problem is fixed;

5. Legislative bodies may allow public comments to be submitted prior to a meeting but must also allow the public to participate in real time through call-in or internet-based service;

6. If an internet-based service requires registration through a third-party, individuals can be required to register with the third-party to participate in the meeting; and

7. When providing a public comment period, whether after each item or during a general comment period, a legislative body must allow reasonable time for members of the public to comment and must also include reasonable time for members to register with a third-party host if applicable.

In order to continue to hold teleconference or hybrid meetings, the City Council must continue to declare every 30 days that either (i) the state of emergency continues to directly impact the ability of the members to meet safely in person, or (ii) State or local officials continue to impose or recommend measures to promote social distancing.

STRATEGIC PLAN CONSIDERATIONS
This action is aligned with Goal E: Ensure the Public's Health and Safety.

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Agenda Item No. 5.A.

ENVIRONMENTAL CONSIDERATIONS
This section is not applicable to this agenda item.

FINANCIAL CONSIDERATIONS
This section is not applicable to this agenda item.

LEGAL CONSIDERATIONS
The City Attorney has reviewed and legal considerations have been addressed.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution
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RESOLUTION 2022-XX

A RESOLUTION AUTHORIZING CITY COUNCIL AND CITY ADVISORY BODY MEETINGS TO BE HELD VIA TELECONFERENCE FOR THE 30-DAY PERIOD BEGINNING FEBRUARY 21, 2022 AND MAKING RELATED FINDINGS PURSUANT TO AB 361
WHEREAS, all meetings of the City of El Cerrito’s legislative bodies are open and public, as required by the Brown Act, so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and WHEREAS, in addition to the City Council, the City’s legislative bodies include all boards, commissions, and committees created by the City Council pursuant to Government Code section 54952(b) (hereafter “Advisory Bodies”); and WHEREAS, on March 4, 2020, the State of California declared a statewide emergency over the COVID-19 pandemic; and
WHEREAS, on March 10, 2020, the County of Contra Costa adopted Resolution 2020-92 declared a countywide emergency over the COVID-19 pandemic; and WHEREAS, on March 13, 2020, the City Council adopted Resolution 2020-12 declaring a citywide emergency over the COVID-19 pandemic; and WHEREAS, on March 17, 2020, the Governor signed Executive Order N-29-20 suspending certain provisions of the Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, as a result of Executive Order N-29-20, staff set up teleconference meetings for all City Council meetings and all Advisory Body meetings; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08- 21 which ended the applicable provisions of Executive Order N-29-20 on September 30, 2021; and
WHEREAS, the Contra Costa County Health Department issued a Health Order requiring masks indoors in public places, regardless of vaccination status, starting August 3, 2021; and
WHEREAS, on September 16, 2021, the Governor signed AB 361 (2021) into law allowing legislative bodies to continue to conduct meetings via teleconferencing under specified conditions, including the requirement that the legislative body make specified findings. AB 361 (2021) took effect immediately; and
WHEREAS, AB 361 (2021) requires that the Governor declare a State of Emergency pursuant to Government Code section 8625; and Agenda Packet Page 8 of 67
WHEREAS, AB 361 (2021) further requires that state or local officials have imposed or recommended measures to promote social distancing, or, requires that the legislative body determines that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, such conditions now exist in the City, specifically, Governor Newsom has declared a State of Emergency due to COVID-19 and on September 20, 2021, the Contra Costa County Health Officer issued recommendations for safely holding public meetings; and
WHEREAS, the Contra Costa County Health Officer’s recommendations for safely holding public meetings include, but are not limited to, holding online meetings, as they present the lowest risk of virus transmission, and imposing social distancing measures for in-person meetings; and
WHEREAS, the Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least 6 feet from others outside of the household; and
WHEREAS, since issuance of Executive Order N-08-21, the highly contagious Delta variant of COVID-19 has emerged, causing an increase in COVID-19 cases throughout the State; and
WHEREAS, because of the rise in cases due to the Delta and Omicron variants of COVID-19, the City is concerned about the health and safety of all individuals who intend to attend City Council and Advisory Body meetings; and
WHEREAS, the City Council hereby finds, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of City Advisory Body created by the City Council pursuant to Government Code section 54952(b), that the presence of COVID-19 and the increase of cases due to the Delta and Omicron variants would present imminent risks to the health or safety of attendees, staff, and members of the City Council and Advisory Bodies, should those bodies hold entirely in-person meetings; and WHEREAS, teleconference meetings may include hybrid meetings, in which all or some members of the City Council or Advisory Body meet in person while others attend by teleconference, and members of the public are either allowed to participate only by teleconference or both in person and by teleconference (“hybrid meetings”). The purpose of hybrid meetings is to allow for multiple modes of attending meetings while reducing the risks of COVID-19, including the Delta and Omicron variants; and WHEREAS, the City shall ensure that all City Council and City Advisory Body meetings subject to AB 361 (2021), including hybrid meetings, comply with the provisions required by AB 361 (2021) for holding teleconferenced meetings.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that it hereby makes the following findings:

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1. The above recitals are true and correct, and incorporated into this resolution.

2. In compliance with AB 361 (2021), and in order to continue to conduct teleconference meetings pursuant thereto, the City Council hereby finds that:
a. The City Council has considered the circumstances of the state of emergency; and
b. The state of emergency, as declared by the Governor, and the local emergency proclaimed by the City Council, continue to directly impact the ability of the City Council and the Advisory Bodies, as well as staff and members of the public, from meeting safely in person; and c. The CDC and the Contra Costa County Health Officer continue to recommend social distancing due to COVID-19 and as a result of the presence of COVID-19 and the Delta and Omicron variants, meeting in person would present imminent risks to the health or safety of attendees, the members of City Council and the City’s Advisory Bodies, and staff.

BE IT FURTHER RESOLVED that city staff is directed to facilitate any teleconference meetings of the City Council and City Advisory Bodies subject to AB 361 (2021), including any hybrid meetings, pursuant to the requirements of AB 361 (2021) in order to better ensure the health and safety of the public.

BE IT FURTHER RESOLVED that this resolution shall be in effect for the 30 day period of February 21, 2022 through March 22, 2022. The City Council may reconsider the circumstances necessitating this resolution within 30 days of the adoption of this resolution.

I CERTIFY that at a regular meeting on February 15, 2022, the City Council of the City of El Cerrito passed this Resolution by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

AGENDA BILL
Agenda Item No. 5.B.

Date: February 15, 2022
To: El Cerrito City Council
From: Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Subject: Continuation of Emergency Work for Public Safety Building Roof Repair

ACTION PROPOSED
Adopt a resolution authorizing the continuation of emergency work to repair the Public Safety Building roof.

BACKGROUND/ANALYSIS
On December 21, 2021, the City Council adopted a resolution adopting findings and authorizing emergency work to repair the Public Safety Building roof (Resolution 2021- 71). Because the roof leaks pose immediate health, safety and welfare risks for City employees and are damaging City property, the City Council authorized the City Manager to negotiate and execute any contracts necessary to repair the Public Safety Building roof in an amount not to exceed $89,300 and to approve change orders not to exceed $8,900 and to take any other related action necessary to further the intent of the resolution. The City Council also amended the Fiscal Year 2021-22 Adopted Budget to appropriate $115,000 from the General Fund Balance to complete this emergency work.

This funding amount was to additionally cover separate agreements for removal and reinstallation of the solar panels and assessment and construction support.

On December 22, 2021, the City Manager executed an agreement with Stronger Building Services in the amount of $89,300 for the roof repair work. The Public Works Director, under a Department Director’s purchasing authority of $25,000, executed an agreement with Quattro Solar in the amount of $16,400 for the solar panel work. Both contractors attended a pre-construction meeting on December 22, 2021 and began mobilizing. Quattro Solar obtained a City Building Permit, removed 25 solar panels and transported them to a storage facility.

The City Council adopted resolutions authorizing the continuation of emergency work to repair the Public Safety Building roof on January 18, 2022 (Resolution 2022-4) and on February 1, 2022 (Resolution 2022-8). As of early February, Stronger Building Services has completed the most urgent elements of the roof repair work, including waterproofing and reinstallation of the roof tiles. The remaining item of work is cleaning and sealing of the gutters. Stronger Building Services has ordered sealing materials that are expected to be delivered by February 11, 2022 and the gutter work would then be completed within two to three days. Quattro Solar has faced some Covid-19 staffing shortages and other scheduling conflicts. As a result, the schedule for the reinstallion of the solar panels has not been confirmed.

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Agenda Item No. 5.B.

Because of the potential health, safety and welfare impacts on City employees and damage to City property, City staff recommends that the City Council find that substantial evidence establishes that the emergency conditions at the Public Safety Building remain and authorize continuation of emergency work to repair the Public Safety Building roof.

As required by Public Contract Code section 22050(c)(1), this emergency repair work will be placed back on future regular meeting agendas of the City Council for the City Council to review this emergency action and determine, by a four-fifths vote, whether there is a need to continue the action, until such emergency repairs have been completed and the project terminated. City staff anticipate that all work will be completed by the end of February.

STRATEGIC PLAN CONSIDERATIONS
The proposed action is consistent with the El Cerrito Strategic Plan Goal D – Develop and rehabilitate public facilities as community focal points by addressing ongoing and deferred maintenance of facilities and infrastructure.

ENVIRONMENTAL CONSIDERATIONS
The project is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15301 because the project involves a repair to an existing facility involving negligible or no expansion of use beyond that presently existing. More specifically, restoration or rehabilitation of deteriorated or damaged facilities to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as an earthquake, landslide, or flood, is exempt from CEQA. Furthermore, the Public Safety Building roof repair is statutorily exempt pursuant to CEQA Guidelines Section 15269 as an emergency project.

FINANCIAL CONSIDERATIONS
No budget amendments are being proposed at this time although the entire contingency has been encumbered. As previously reported, this is because the cost of the solar panel work was higher than estimated. The current project budget is summarized below.

Roof Assessment & Construction Support $9,300
Roof Repair Contract $89,300
Solar Panel Contract $16,400
Total $115,000
During the course of the emergency repair, additional work may be needed due to unforeseen conditions. This would require an additional budget amendment, which would be brought forward for City Council consideration at a future meeting.

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Agenda Item No. 5.B.

LEGAL CONSIDERATIONS
The City Attorney has reviewed the proposed action and found that legal considerations have been addressed. As noted above, a four-fifths vote of the City Council is required to pass the attached resolution.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution
Agenda Packet Page 13 of 67
RESOLUTION 2022-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO AUTHORIZING

THE CONTINUATION OF EMERGENCY WORK TO REPAIR THE PUBLIC SAFETY

BUILDING ROOF
WHEREAS, since the start of the rainy season in October 2021, the Public Safety Building has experienced worsening leaks despite repairs in previous years; and WHEREAS, there is an urgent concern for the potential health, safety and welfare impacts of the leaks on City employees and damage to critical City property; and WHEREAS, on December 21, 2021, the City Council adopted a resolution adopting findings and authorizing emergency work to repair the Public Safety Building roof (Resolution 2021-71);
WHEREAS, as part of that resolution, the City Council authorized the City Manager to negotiate and execute any contracts necessary to repair the Public Safety Building roof in an amount not to exceed $89,300 and to approve change orders not to exceed $8,900 and to take any other related action necessary to further the intent of the resolution; and WHEREAS, the City Council also amended the Fiscal Year 2021-22 Adopted Budget to appropriate $115,000 from the General Fund Balance to complete the emergency work including additional agreements for removal and reinstallation of the solar panels and assessment and construction support; and WHEREAS, on December 22, 2021, the City Manager executed an agreement with Stronger Building Services in the amount of $89,300 for the roof repair work, and the Public Works Director, under a Department Director’s purchasing authority of $25,000, executed an agreement with Quattro Solar in the amount of $16,400 for the solar panel work; and
WHEREAS, the City Council adopted resolutions authorizing the continuation of emergency work to repair the Public Safety Building roof on January 18, 2022 (Resolution 2022-4) and on February 1, 2022 (Resolution 2022-8);
WHEREAS, although the most urgent elements of the work have been completed, essential components of the roof repair work remain to be completed including cleaning and sealing of the gutters and reinstallation of the solar panels; and WHEREAS, Public Contract Code Section 22050 authorizes in the case of an emergency a public agency, pursuant to a four-fifths vote of its governing body, to repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes without giving notice for bids to let contracts; and Agenda Packet Page 14 of 67
WHEREAS, the above projects are categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) because the projects involve a repair to an existing facility involving negligible or no expansion of use beyond that presently existing; and WHEREAS, the City Council of the City of El Cerrito hereby finds as follows:

A. Pursuant to California Public Contract Code Section 20168, the public interest and necessity demand the immediate commencement of the above-described work for the Public Safety Building and the expenditure of public money for such work to safeguard life, health and property; and
B. Pursuant to California Public Contract Code Section 22050, substantial evidence as set forth in the record concerning this resolution establishes that the emergency conditions at the Public Safety Building continue to exist and do not permit delay resulting from competitive solicitation for bids for the roof repair work and that the repair work is necessary to respond to the emergency; and C. Terminating the emergency repair project now and competitive bidding for the remaining work would jeopardize the health, safety and welfare of City employees, and risk permanent damage to critical City property, and result in the public incurring additional expense, including, but not limited to, additional expense due to delay and further damage, and therefore competitive bidding of such work would not produce an advantage for the public; and
D. The emergency work at the Public Safety Building in the City is also statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15269, subparagraphs (b) and (c).

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito, by at least a fourth-fifths vote, that it hereby finds as follows:

1. The above recitals are true and correct and hereby declared to be findings of the City Council of the City of El Cerrito.

2. The emergency conditions at the Public Safety Building jeopardizing the health, safety and welfare of City employees and risking permanent damage to critical City property continue to exist and thus authorizes the continuation of emergency work to address the needed roof repairs.

3. City staff is directed, in accordance with California Public Contract Code Section 22050(c)(1), to place on future regular agendas of the City Council an item concerning the contact authorized pursuant to this resolution so that the City Council may determine, by at least a four-fifths vote, whether there is a need to continue the emergency work described above or whether such work may be terminated.

4. Each portion of this resolution is severable. Should any portion of this resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall be and continue in full force and effect, except as to those resolution portions that have been adjudged invalid. The City Council hereby declares that it would have adopted this resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact Agenda Packet Page 15 of 67
that one or more section, subsection, clause sentence, phrase or other portion may be held invalid or unconstitutional.

BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon passage and adoption.

I CERTIFY that at a regular meeting on February 15, 2022 the City Council of the City of El Cerrito passed this Resolution, requiring 4/5 approval, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

RESOLUTION 2022-

A RESOLUTION TO OPPOSE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT (INTIATIVE NO. 21-0042A1)
WHEREAS, an association representing California’s wealthiest corporations is behind a deceptive proposition aimed for the November 2022 statewide ballot; and WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and WHEREAS, the measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and WHEREAS, the measure would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito opposes Initiative 21-0042A1.

BE IT FURTHER RESOLVED, that the City of El Cerrito will join the NO on Initiative 21-0042A1 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state.

BE IT FURTHER RESOLVED, that this resolution shall become effective immediately upon passage and adoption, and shall be emailed to League of California Cities at [email protected]
I CERTIFY that at a regular meeting on February 15, 2022 the City Council of the City of El Cerrito passed this Resolution by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Agenda Packet Page 17 of 67
Agenda Item No. 5.C.

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on February , 2022.
________________________
Holly M. Charléty, City Clerk
APPROVED:
________________________
Gabe Quinto, Mayor
Agenda Packet Page 18 of 67
Stop the Corporate Loopholes Scheme
Deceptive Proposition Allows Major Corporations to Avoid Paying their Fair Share and Evade Enforcement when they Violate Environmental, Health & Safety Laws An association representing California’s wealthiest corporations — including oil, insurance, banks and drug companies — is behind a deceptive proposition aimed for the November 2022 statewide ballot. Their measure would create major new loopholes that allow corporations to avoid paying their fair share for the impacts they have on our communities; while also allowing corporations to evade enforcement when they violate environmental, health, safety and other state and local laws. Here’s why a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses oppose the Corporate Loophole Scheme:

Gives Wealthy Corporations a Major Loophole to Avoid Paying their Fair Share - Forcing Local Residents and Taxpayers to Pay More • The measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources – shifting the burden and making individual taxpayers pay more.

Allows Corporations to Dodge Enforcement When They Violate Environmental, Health, Public Safety and Other Laws
• The deceptive scheme creates new loopholes that makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.

Jeopardizes Vital Local and State Services
• This far-reaching measure puts at risk billions of dollars currently dedicated to critical state and local services.
• It could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services and more. • It would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, utilities and more.

Opens the Door for Frivolous Lawsuits, Bureaucracy and Red Tape that Will Cost Taxpayers and Hurt Our Communities
• The measure will encourage frivolous lawsuits, bureaucracy and red tape that will cost local taxpayers millions — while significantly delaying and stopping investments in infrastructure and vital services.

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Undermines Voter Rights, Transparency, and Accountability • This misleading measure changes our constitution to make it more difficult for local voters to pass measures needed to fund local services and local infrastructure.
• It also includes a hidden provision that would retroactively cancel measures that were passed by local voters — effectively undermining the rights of voters to decide for themselves what their communities need.
• It would limit voter input by prohibiting local advisory measures, where voters provide direction to politicians on how they want their local tax dollars spent.

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The Taxpayer Protection and Government Accountability Act Initiative No. 21-0042A1
January 21, 2022
Summary: The measure limits the voters’ input, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold state and local law violators accountable.

Limiting Voter Authority and Accountability
• Limits voter input. Prohibits local voters from providing direction on how local tax dollars should be spent by prohibiting local advisory measures. • Invalidates Upland decision that allows majority of local voters to pass special taxes. Taxes proposed by the Initiative are subject to the same rules as taxes placed on the ballot by a city council. All measures passed between January 2022 and November 2022 would be invalidated unless reenacted within 12 months.

Restricting Local Fee Authority to Provide Local Services • Franchise fees. Sets new standard for fees and charges paid for the use of local and state government property. The standard may significantly restrict the amount oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations pay for the use of local public property. Rental and sale of local government property must be “reasonable” which must be proved by “clear and convincing evidence.”
• Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.

Restricting Authority of State and Local Governments to Issue Fines and Penalties for Violations of Law.
• Requires voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.

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Restricting Local Tax Authority to Provide Local Services • Expanding existing taxes (e.g., UUT, use tax, TOT) to new territory (e.g., annexation) or expanding the base (e.g., new utility service) requires voter approval.
• City charters may not be amended to include a tax or fee. • New taxes can be imposed only for a specific time period. • Taxes adopted after January 1, 2022, that do not comply with the new rules, are void unless reenacted.
• All state taxes require majority voter approval.
• Prohibits any surcharge on property tax rate and allocation of property tax to state.

Other Changes
• No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy.

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CaliforniaCityFinance.Com
Fiscal and Program Effects of
Initiative 21-0042A1 on Local Governments
If Initiative 21-0042A1 is placed on the ballot and passed by voters, it will result in:
 Billions of local government fee and charge revenues placed at heightened legal peril. Related public service reductions across virtually every aspect of city, county, special district, and school services especially for transportation, and public facility use.  Hundreds of millions of dollars of annual revenues from dozens of tax and bond measures approved by voters between January 1, 2022 and November 9, 2022 subject to additional voter approval if not in compliance with the initiative.
 Indeterminable legal and administrative burdens and costs on local government from new and more empowered legal challenges, and bureaucratic cost tracking requirements.  The delay and deterrence of municipal annexations and associated impacts on housing and commercial development.
 Service and infrastructure impacts including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services.

1. Local Government Taxes and Services Threatened
With regard to taxes, Initiative 21-0042A1:
 Prohibits advisory, non-binding measures as to use of tax proceeds on the same ballot. o Voters may be less informed and more likely to vote against measures.  Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter approval (Upland).
o Because the case law regarding citizen initiative special taxes approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures after the effective date of the initiative. Any such measures adopted after January 1, 2022 through November 8, 2022 would be void after November 9, 2023.
 Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to require that all tax increases or extensions contain a sunset (end date). o This would require additional tax measures to extend previously approved taxes at additional cost to taxpayers.
 Requires that a tax or bond measure adopted after January 1, 2022 and before the effective date of the initiative (November 9, 2022) that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative (November 9, 2023).
o If past election patterns are an indication, dozens of tax and bond measures approving hundreds of millions of annual revenues may not be in compliance and would be subject to reenactment.

Most will be taxes without a specific end date. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, measures not in compliance would need to be placed on a special election ballot for approval before November 9, 2023 or the tax will be void after that date. General tax measures would require declaration of emergency and unanimous vote of the governing board.
2217 Isle Royale Lane • Davis, CA • 95616-6616
Phone: 530.758.3952 • Fax: 530.758.3952
Rev. January 7, 2022
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CaliforniaCityFinance.com
 Requires voter approval to expand an existing tax to new territory (annexations). This would require additional tax measures and would deter annexations and land development in cities. o If a tax is "extended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions for general taxes would, under current law, each require unanimous vote of the agency board to be placed on a special election ballot or would be void after November 9, 2023.

1.a. Number of Measures and Value of Local Taxes at Risk1 In 2020, voters in California approved 293 local tax and bond measures for cities, counties, special districts and schools (95 in March and 198 in November). The approved measures enacted $3.85 billion in new annual taxes including $1.3 billion for cities, $302 million for counties, $208 million for special districts (fire, wastewater, open space and transit districts), and $2.037 billion for schools (including for school bonds).

Most tax measures go to the ballot during a presidential or gubernatorial primary or general election in an even year. However, some tax measures are decided at other times. During 2019, there were 45 approved tax and bond measures (24 city, 14 special district, 7 school) adopting $154.0 million in new annual taxes ($124.0 million city, $10.5 million special district and $19.2 million school).

Most tax and bond measures comply with the new rules in Initiative 21-0042Amdt#1 except:
 Dozens of taxes would require end dates. This would require additional measures in future years to extend the taxes further. Very few extensions of existing local taxes fail.  Majority vote general tax measures could not be accompanied on the same ballot with an advisory, non-binding measure as to use of tax proceeds.  Special taxes placed on the ballot via citizen initiative would require two-thirds voter approval.

Bond measures have fixed terms. Historically, about 20 percent of other tax measures have included specific durations (i.e. sunsets). Advisory measures as to use of revenues are uncommon. I do not expect the provisions of 21-0042A1 to have any substantial effect on passage rates. However, some 2022 approved measures would likely have to put back on the ballot.

Based on history, a reasonable estimate of the annualized tax revenues estimated to be approved by 1 Source: Compilation and summary of data from County elections offices.

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CaliforniaCityFinance.com
voters in 2022 and placed at risk by this initiative is at least $1.5 billion, including $1.0 billion from cities and $500 million from counties and special districts. 2 1.b. Additional Costs and Public Service Effects of the Tax Provisions In addition to service delays and disruption due to new tax revenues placed at greater legal risk, there will be substantial additional costs for legal defense. The deterrence of taxes for annexations will delay and deter municipal annexations.

2. “Exempt Charges” (fees and charges that are not taxes) and Services Threatened With regard to fees and charges adopted after January 1, 2022, Initiative 21-0042A1:
 Subjects new fees and charges for a product or service to a new "actual cost” test defined as “(i) the minimum amount necessary to reimburse the government for the cost of providing the service to the payor, and (ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In addition, subjects these same charges to a new, undefined, “reasonable” standard.
 Subjects fees and charges for entrance to local government property; and rental and sale of local government property to a new, undefined, “reasonable” test.  Subjects a challenged fee or charge to new, higher burdens of proof if legally challenged.  Prohibits a levy, charge or exaction regulating or related to vehicle miles traveled, imposed as a condition of property development or occupancy.

2.a. Value on New Local Government Fees and Charges at Risk3 Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount of local government fee and charge revenue placed at risk is about $1 billion per year including those adopted since January 1, 2022. Of this $1 billion, about $570 million is for special districts, $450 million is cities, and $260 million is counties.4
Major examples of affected fees and charges are:

1. Nuisance abatement charges - such as for weed, rubbish and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.

2. Commercial franchise fees.

3. Emergency response fees - such as in connection with DUI.

4. Advanced Life Support (ALS) transport charges.

5. Document processing and duplication fees.

6. Transit fees, tolls, parking fees, public airport and harbor use fees.

7. Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.

In addition to fees and charges, the measure puts fines and penalties assessed for the violation of state and 2 This does not include citizen initiative special tax approved by majority but not two-thirds. Because this approach is new, the number of these measures and amount of revenue involved cannot be estimated. 3 Source: California State Controller Annual Reports of Financial Transactions concerning cities, counties and special districts, summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually. 4 School fees are also affected but the amount is negligible by comparison.

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CaliforniaCityFinance.com
local law at risk, making them taxes subject to voter approval under certain circumstances.

2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions In addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk, there would be substantial additional costs for legal defense. The risk to fees and charges will make infrastructure financing more difficult and will deter new residential and commercial development. ***********
mc
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AGENDA BILL
Agenda Item No. 8.A.

Date: February 15, 2022
To: El Cerrito City Council
From: Holly M. Charléty, City Clerk, City Management
Subject: Adoption of Code of Conduct for Board, Commission, and Committee Members

ACTION PROPOSED
Adopt a resolution to approve revisions to the Code of Conduct for City Board, Commission, and Committee members.

BACKGROUND/ANALYSIS
On February 7, 2005, the City Council conducted a review of City Boards, Commissions, and Committees (Advisory Bodies). As part of the discussion and action, the City Council approved a Code of Conduct for Appointed Officials.

In 2020, City Council formed an Ad-Hoc committee to review and recommend changes regarding City Council Administrative Policies and Rules of Order and Procedure. On December 1, 2020, the Council adopted revisions to the Administrative Policies and Rules of Order and Procedure, including revisions to the City Council Code of Conduct.

On September 21, 2021, the City Council held a study session and made several modifications to Advisory Body policies. As part of this study session, the City Council took action directing City staff to provide orientation training to new City Advisory Body members.

During the review and update of the City Advisory Body Member Handbook, staff identified the need to make modifications to the 2005 version of the Code of Conduct for Appointed Officials based on the revisions to the City Council Code of Conduct. This information will be part of the orientation training planned for March 2022, following the annual term appointment process. Staff recommends that City Council adopt the modifications and approve the proposed Code of Conduct for inclusion in the Advisory Body Member Handbook.

STRATEGIC PLAN CONSIDERATIONS
This action aligns with Strategic Plan Goal A: Deliver Exemplary Government Services by maintaining an emphasis on providing excellent customer service.

ENVIRONMENTAL CONSIDERATIONS
This section is not applicable to this agenda item.

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Agenda Item No. 8.A.

FINANCIAL CONSIDERATIONS
This section is not applicable to this agenda item.

LEGAL CONSIDERATIONS
The City Attorney has reviewed and legal considerations have been addressed.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution

2. Exhibit A to Resolution

3. Code of Conduct (redline)
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RESOLUTION 2022-

A RESOLUTION TO APPROVE REVISIONS TO THE CODE OF CONDUCT FOR

BOARD, COMMISSION, AND COMMITTEE MEMBERS
WHEREAS, the City Council approved a Code of Conduct for Appointed Officials in 2005 with the intention of ensuring that all members of Boards, Commissions, and Committees (Advisory Bodies) adhere to a set of common principles as they fulfill their roles and responsibilities; and
WHEREAS, in 2020, City Council reviewed and adopted revisions to the City Council Administrative Policies and Rules of Order and Procedure, including revisions to the City Council Code of Conduct; and
WHEREAS, on September 21, 2021, the City Council held a study session and made several modifications to Advisory Body policies including a provision to provide orientation training to new City advisory body members; and WHEREAS, during the review and update of the City Advisory Body Member handbook, staff identified the need to make modifications to the 2005 version of the Code of Conduct for Appointed Officials based on the revisions to the City Council Code of Conduct; and
WHEREAS, the Code of Conduct for Appointed Officials shall hereafter be entitled “Code of Conduct for Board, Commission and Committee Members”; and WHEREAS, the Code of Conduct for Board, Commission and Committee Members will be included in the training materials and the Handbook for City Advisory Body Members; and
WHEREAS, City Advisory Body Members are expected to abide by the Code of Conduct for Board, Commission and Committee Members, and that members who are found by the City Council to be in violation thereof could be subject to removal from the Advisory Body.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito adopts the Code of Conduct for Board, Commission and Committee Members attached hereto as Exhibit A, and directs staff to ensure that a copy is provided to all Advisory Body members and included in all orientation and training materials.

I CERTIFY that at a regular meeting on February 15, 2022 the City Council of the City of El Cerrito passed this Resolution by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

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IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on February , 2022.
________________________
Holly M. Charléty, City Clerk
APPROVED:
________________________
Gabe Quinto, Mayor
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Code of Conduct for Board, Commission, and Committee Members Individuals appointed to a City board, commission, or committee (Advisory Bodies) are considered an appointed official and are expected to abide by the following code of conduct. Any violation of this code may result in removal by the City Council.

Advisory Body members shall:

1. Work for the City Council and the common good of the people of El Cerrito and not for any private or personal interest.

2. Endeavor to treat all members of the public and issues before them in a fair and equitable manner.

3. Make impartial decisions free of bribes, unlawful gifts, narrow political interests, and financial or other personal interests that impair independence of judgment or action.

4. Make decisions that are fair, objective, made in public, and understandable.

5. Fully participate in their meetings and other public forums while demonstrating respect and courtesy to others, practicing civility and decorum in discussions and debate, listening courteously and attentively, and engaging in effective communication. Advisory Body members are expected to contact their staff liaison if they cannot attend a scheduled meeting.

6. Act in an efficient manner, making decisions and recommendations based upon research and facts in accordance with the Brown Act to allow full and equal participation in the public process.

7. Refrain from abusive conduct, personal charges, or verbal attacks upon the character, motives, ethics, or morals of other members of their board, other boards, City staff, or members of the public.

8. Refrain from negative comments regarding any person or group based on their race, ethnicity, sex, gender identity, sexual orientation, national origin, immigration status, religion, disability, age, marital status, or membership in any other protected category.

9. Respect and preserve the confidentiality of information provided to them concerning confidential matters of the City, and refrain from disclosing any information received confidentially without proper legal authorization nor use such information to advance the personal, financial, or private interests of themselves or others.

10.Use their title only when conducting official City business, and carefully consider whether they are exceeding or appearing to exceed their authority. This includes use of their title in any personal setting, community event, speech, or other activity not facilitated by the individual’s Advisory Body.

11.Respect established channels of communication with City staff, treat staff members professionally, and not attempt to pressure or influence discussions, recommendations, workloads, schedules, or department priorities without the approval of the City Council. This includes refraining from portraying personal opinions or views as the view of the Advisory Body and respecting the role of the Advisory Body Chair who is responsible for conveying recommendations of the advisory body to City Council.

12.Not attempt to solicit any type of political support from the City Council or City staff.

13.Comply with all rules and regulations established by state and local law, as well as those established by City Council.

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Code of Conduct for Board, Commission, and Committee Members Individuals appointed to a cCity board, commission, or committee (Advisory Bodies) are considered an appointed official and are expected to abide by the following code of conduct. Any violation of this code may result in removal by the City Council.

Advisory Body members shall:

1. Appointed Officials wWork for the City Council and the common good of the people of El Cerrito and not for any private or personal interest.

2. Appointed Officials must eEndeavor to treat all members of the public and issues before them in a fair and equitable manner.

3. Appointed Officials shall mMake impartial decisions, free of bribes, unlawful gifts, narrow political interests, and financial or other personal interests that impair independence of judgment or action.

4. Board, commission, and committee Make decisions should be that are fair, objective, made in public, and understandable.

5. Appointed Officials shall fFully participate in their meetings and other public forums while demonstrating respect and courtesy to others, practicing civility and decorum in discussions and debate, listening courteously and attentively, and engaging in effective communication. Appointed OfficialsAdvisory Body members are expected to contact their staff liaison if they cannot attend a scheduled meeting.

6. Appointed Officials should aAct in an efficient manner, making decisions and recommendations based upon research and facts in accordance with the Brown Act to allow full and equal participation in the public process.

7. Appointed Officials shall rRefrain from abusive conduct, personal charges, or verbal attacks upon the character, motives, ethics, or morals of other members of their board, other boards, cCity staff, or members of the public.

7.8. Refrain from negative comments regarding any person or group based on their race, ethnicity, sex, gender identity, sexual orientation, national origin, immigration status, religion, disability, age, marital status, or membership in any other protected category.

8.9. Appointed Officials shall rRespect and preserve the confidentiality of information provided to them concerning confidential matters of the City, and refrain from disclosing any information received confidentially without proper legal authorization nor use such information to advance the personal, financial, or private interests of themselves or others.

10.Appointed Officials should uUse their title only when conducting official City business, for information purposes, or as an indication of background and expertise, and carefully considering consider whether they are exceeding or appearing to exceed theirauthority. This includes use of their title in any personal setting, community event, speech, or other activity not facilitated by the individual’s Advisory Body.

9. 11.Appointed Officials should rRespect established channels of communication with City staff, treat staff members professionally, and shall not attempt to pressure or influence discussions, recommendations, workloads, schedules, or department priorities without the approval of a majority of the City Council. This includes refraining from portraying personal opinions or views as the view of the aAdvisory Bbody and respecting the role of the Advisory Body Chair who is responsible for Agenda Packet Page 32 of 67
conveying recommendations of the advisory body to City Council.

10.12. Appointed Officials shall nNot attempt to solicit any type of political support from the City Council or City staff.

11.To the best of their ability, Appointed Officials shall represent the official policies and positions of the City Council. In unofficial settings, Appointed Officials should be clear in representing to the public, other agencies, and the media whether their comments or statements represent the official City position or a personal viewpoint.

12.13. Comply with all rules and regulations established by state and local law, as well as those established by City Council.

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CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94530
Telephone (510) 215-4305 Fax (510) 215-4379 http://www.el-cerrito.org

SUPPLEMENTAL AGENDA MATERIALS

REGULAR CITY COUNCIL MEETING
February 15, 2022
(Revised February 15, 2022)

PUBLIC COMMENT INDEX

1. Public Comments received
Agenda Item 6A – Public Works Department Update

1. Presentation
Supplemental Packet Page 1 of 34
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CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94530
Telephone (510) 215-4305 Fax (510) 215-4379 http://www.el-cerrito.org

SUPPLEMENTAL AGENDA MATERIALS

PUBLIC COMMENT INDEX

REGULAR CITY COUNCIL MEETING
February 15, 2022
The following Public Comments were received by 4:00 p.m. 2/15/2022, were provided directly to City Councilmembers in advance of the meeting, and were posted online as supplemental materials at www.el-cerrito.org/CouncilMeetingMaterials Public Comments – Items Not on the Agenda

1. Cordell Hindler

2. Sue Duncan
Agenda Item 5C – Adopt a Resolution in Opposition to Taxpayer Protection and Government Accountability Act (Initiative No. 21-0042A1)

1. Michael Fischer

2. Al Miller
Agenda Item 8A – Adoption of Code of Conduct for Board, Commission, and Committee Members

1. John Stashik

2. Allison Cooper
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From: Cordell Hindler
To: City Clerk
Subject: Public Comments- Not on the Agenda
Date: Thursday, February 10, 2022 2:58:21 PM
good Evening Mayor Quinto, Council Members and Staff.

I have a couple of Comments for the Record

1. for a Future Agenda, the Council should invite the folks from the Northern California Promise Coalition to talk about their Programs.

2. I am Concern about 5.A on the Consent Calendar, the Berkeley City Council had a hybrid Meeting Back in December and only 1 member of the Public had attended,
Sincerely
Cordell
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From: Sue Duncan
To: City Clerk
Subject: Public Comment: Not on Agenda
Date: Tuesday, February 15, 2022 3:51:47 PM
City Council Members,
Saturday, May 7, is National Wildfire Community Preparedness Day. More information about this can be found on the FirewiseUSA website.

I am asking you to add to the Consent Calendar of one of the April City Council meetings, a Proclamation recognizing this day and encouraging all residents to do something to prepare for wildfire on that day. Also, can the city have an ongoing public campaign to prepare for disasters? More constant public information is needed to raise awareness and to get residents working on preparations, whether they be home hardening, vegetation reduction or evacuation preparation. The last day of rain El Cerrito had per my rain gauge was on January 4, of this year and no rain is predicted here for the next 10 days. An article that was just published by Nature Climate Change states that the American West is in a megadrought that "shows no signs of easing in the near future.” It is of the utmost importance that all residents be prepared for the unthinkable.

There are many things that can be done to prepare. One can make sure that they and their neighbors are registered with CWS, can prepare a go-bag, inventory their belongings, get their important papers copied and put in a safe place in case originals are destroyed or they can work on house hardening or yard projects. Below is a link to home hardening projects that should be completed.
http://www.readyforwildfire.org/wp-content/uploads/Wildfire_Home_Retrfit_Guide1.26.21.pdf Yard projects may include clearing the Immediate Zone which is the first 5 feet around a house and deck. There are many other simple vegetation projects one can do to decrease the possibility of home ignition. Many can be found on the Oakland Fire Safe and Marin Fire Safe websites.

Everybody can do something to further their preparation for a disaster.

I have contacted other groups in the East Bay about this day and am hoping to have residents from Richmond through Oakland become more aware of the importance of being prepared and start or continue preparations on this day.

Thank you for considering this request.

Sue Duncan
Make El Cerrito Fire Safe
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From: Michael Fischer
To: City Clerk
Subject: Public Comment - Agenda Item 5C (Consent Calendar) Date: Monday, February 14, 2022 11:56:46 PM
Dear Mayor and Council Members:

It was the late US Supreme Court Justice Oliver Wendell Holmes, Jr., who said, “Taxes are what we pay for civilized society.” In other words, those public things that are important to our way of life, and that are provided to us by our federal, state, and local governments, do not come for free. We must pay for them and taxes are how our governments raise their money.

California has long been a leader in this country and we have, unfortunately, also been a leader in the antitax, less government is better movement. As the world’s fifth largest economy, and with record breaking surpluses at the state level, it is time for us to reverse this position and say no to further restrictions.

That’s why I’m urging you to adopt resolution 5.C on the consent calendar opposing the so-called “Taxpayer Protection and Government Accountability Act.” Funding our local government is already difficult with arcane rules that are the result of a too-long taxpayer revolt. And the initiative is simply another attempt to make it even harder for our government to meet our needs.

I’m sending this email both as a resident of El Cerrito for nearly a quarter of a century and as your library commissioner. I know you all agree that our city needs a new library. Funding that will only be harder, if not impossible, if this measure becomes law.

The need for a new library, and more library services, is also an equity issue. Our most needy and underserved population is especially reliant on our library. I’ve presented to you over the years the many important functions our library provides, critical services that many cannot afford otherwise. The very rich, who will principally benefit from this initiative, may not need those services. But we as a city have an obligation to provide robust library and other services to all our population.

Kind regards,
Michael
Michael Fischer (he him)
[email protected]
El Cerrito City Designated Library Commissioner
Chair, Contra Costa County Library Commission
El Cerrito Needs an Appropriate 21st Century Library
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From: Al Miller
To: City Clerk
Cc: Al Miller; Michael Allan Fischer
Subject: Public comment Agenda Item 5.C.

Date: Tuesday, February 15, 2022 7:57:54 AM
Mayor Quinto, Mayor Pro Tem Motoyama, & Council Members Abelson, Fadelli, and Rudnick.

I strongly support our Library Commissioner Michael Fischer's Public comments on this Agenda Item 5.c.

To paraphrase part of those comments, "I'm sending this email both as a resident of El Cerrito for over 42 years and as the President of the El Cerrito Library Foundation. I know you all agree that our city needs a new library. Funding that will only be harder, if not impossible, if this measure becomes law."
I also recommend that one of you pull this important item from the consent calendar and explain to the El Cerrito Residents why your passing of this resolution is so important to the future of our City.

The least amount of information that the residents should have about the Taxpayer Protection and Government Accountability Act ( Initiative No. 21-0042A1) is who the people and organizations sponsoring and supporting this measure are.

Thank you.

Al Miller
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From: John Stashik
To: City Clerk
Subject: Public Comments -- Item 8A
Date: Tuesday, February 15, 2022 9:15:18 AM
The Resolution to approve revisions to the code of conduct for advisory body members should be approved. 99 percent of advisory body members should have no problem abiding by the code of conduct. They volunteer to do an essential job for the good of everyone residing in El Cerrito. I appreciate their service.

At recent Council meetings I have witnessed abusive conduct from one advisory board member. Rants with verbal attacks on other board members, City management and staff, the City Council, and even the general public in attendance, are totally unacceptable. Any advisory board member who wants to shout insults needs to be removed.

Civility and decorum, as the City Council practices at every meeting — even though they may not agree with each other — is a basic minimum requirement of the job on any advisory board. I’ve been there and done that and recall it being a privilege to play a role in our governmental process.

Advisory board members represent the City of El Cerrito. This code of conduct needs to be adopted and followed.

John C. Stashik
El Cerrito
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From: Allison Cooper
To: City Clerk
Subject: public comments - agenda item #8A
Date: Tuesday, February 15, 2022 2:55:31 PM
Public Comment re: 2/15/22 agenda item 8. Policy Matters - A. Adoption of Code of Conduct for Board, Commission, and Committee Members
Thank you so much for all you do, City Councilmembers — and thank you to the city staff who support these meetings and the gathering of public comments! I just saw that proposed changes to the city advisory body code of conduct are on the agenda at the 2/15/22 meeting (thank you to Councilmember Rudnick as always for the informative social media posts!).

As an El Cerrito resident, I am excited to voice my support for the proposed changes.

The proposed changes in the redline document (as included in the meeting materials) add helpful clarity around the expected behavior of advisory body members as well as accountability for this behavior, which together will benefit those who give their time to serve on these bodies by clarifying expectations and helping meetings function more effectively — and in so doing, will benefit all city residents too.

Thank you for your work on this,
Allison Cooper, El Cerrito
Please note that I am sharing my thoughts here as an individual, and not in any way on behalf of or otherwise related to the business of the advisory body I am honored to serve on.

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Public Works Department
Overview & Budget
City Council Meeting
February 15, 2022
Agenda Item No. 6.A.

Supplemental Packet Page 9 of 34
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Agenda
Public Works Department Overview Facilities & Infrastructure Organization
Public Works Operating Budget
Expenditures
Special Funds
Impacts & Focus
Public Works Services By
Division/Function
Recent Accomplishments
Department “Must Do” Workplan Over
Next 18 Months
Challenges
Department Proposed Mid-Year Budget Adjustments for FY2022 Budget Considerations for FY2023
Supplemental Packet Page 10 of 34
Agenda Packet Page 43 of 67
Public Works Mission
Maintain, operate, develop, design, and construct
public infrastructure, buildings, parks, landscapes,
natural areas, integrated waste management
services, and environmental programs that are of
vital importance to a sustainable and resilient
community and to the public health, quality of life
and well-being of the people who live, work and visit
El Cerrito.

Supplemental Packet Page 11 of 34
Agenda Packet Page 44 of 67
Facilities & Infrastructure
General Facilities
• City Hall
• Public Safety Building (Police
& Fire) & Station 72
• Recycling & Environmental
Resource Center
• Corporation Yard
• Library
Transportation
• 68 street centerline miles
• 12 City-operated Traffic
Signals
• 23 Flashing
Crosswalks/Beacons/Speed
Feedback Signs
• 4 miles of Bike Paths and
Bike Lanes
• Includes Ohlone Greenway,
linear park and path
Supplemental Packet Page 12 of 34
Agenda Packet Page 45 of 67
Parks & Recreation
• 16 City parks
• 10 Clubhouses/Childcare
Facilities
• 102-acre open space in
Hillside Natural Area
• Community Center/Swim
Center
Stormwater & Drainage
• 38.8 miles of Closed Storm
Drain Pipes
• 3.8 miles of Open
Channel/Creeks
• 1,200+ Storm Drain Inlets
• 92 Trash racks
• San Pablo Avenue Rain
Gardens
• Ohlone Greenway Natural
Area & Rain Garden
Facilities & Infrastructure
Supplemental Packet Page 13 of 34
Agenda Packet Page 46 of 67
Public Works Organization
PUBLIC WORKS DEPARTMENT FY17-18 FY18-19 FY19-20 FY20-21 FY21-22 Management Analyst 1 1 1 1 1
Administrative Clerk 0.4 0.8 0.8 0.8 0.8
Associate Engineer 1 1 1 1 1
Engineering Technician 1 1 1 1 0
Environmental Programs Manager 1 1 1 1 1
Operations + Enviro. Services
Manager 1 1 1 1 1
Forklift Operator 2.4 2.4 2.4 2.2 2.4
Maintenance Services Leadworker 2 2 2 2 2
Maintenance Services
Superintendent 1 1 1 1 1
Maintenance Worker 4.3 4.3 4.3 4.3 4
Management Assistant 2 2 2 2 2
Public Works Director/City Engineer 1 1 1 1 1
Recycling Maintenance Worker 4 4 4 4 4
Recycling Operations Supervisor 1 1 1 1 1
Senior Engineer/Engineering
Manager 1 1 1 1 1
Waste Prevention Specialist 1 1 1 1 1
TOTAL 25.1 25.5 25.5 25.3 24.2
Public Works
Dir/City Engineer
Management
Assistant
Operations & Environ
Service Division
Manager
Waste Prevention
Specialist
Environmental
Programs Manager
Management
Analyst
(Vacant)
Operations
Supervisor
Recycling Worker
(4)
Forklift
Operator (2.4)
Maintenance
Superintendent
Maintenance
Leadworker (2)
Maintenance
Worker (4)*
Engineer Manager/
Senior Engineer
Associate
Engineer
Engineering Technician
(Eliminated)*
Administrative
Clerk (0.8)
Management
Assistant
*Engineering Technician and Part-Time Maintenance Worker Laidoff in February 2021; Positions Eliminated in FY2021-22 Budget Supplemental Packet Page 14 of 34
Agenda Packet Page 47 of 67
Public Works Operating Budget – FY2022
Expenditures By Fund Expenditures By Division/Major Function Expenditures
$7.98 Million
Integrated Waste Management
$3,130,687 (39.2%)
Maintenance
$3,949,411 (49.5%)
Supplemental Packet Page 15 of 34
Agenda Packet Page 48 of 67
Special Funds Budget – Adopted FY2022
Fund Revenue Expense Net
Projected
Year End
Revenue
Notes
Cost
Recovery
Transfer
Other
Transfers
(CIP, Debt Serv,
Solar Lease)
Other
Operating
Budgets CIP
General Fund
Support
Gas Tax Fund 201 $657,700 $519,694 $138,006 $244,106
Fluctuates
Est. 11.4%
in FY 2023 $102,000 Previously
State Required Maint
of Effort $279K
Nat'l Pollut Dis Elim
Sys (NPDES) 202 $336,400 $366,804 ($30,404) $175,537 Flat $75,000 Estimate $87K Land & Light Assess
Distr (LLAD) 203 $795,474 $842,185 ($46,711) $86,917 Flat 163,200 Rec, $68K Estimate $207K
($428K in 1988)
Measure H - PW
Only 207 $239,800 Flat $50,000
Measure J-Return
to Source Fund 204 $458,500 $405,887 $52,613 $330,066 2% $64,300 $40,000 Previously Supplemental Packet Page 16 of 34
Agenda Packet Page 49 of 67
Fund Revenue Expense Net
Projected
Year End
Revenue
Notes
Cost
Recovery
Transfer
Other
Transfers
(CIP, Debt Serv,
Solar Lease)
Other
Operating
Budgets CIP
General Fund
Support
Measure J Storm
Drain 205 $706,325 $786,113 ($79,788) $542,735 Flat $74,000 $340K Street Improvemt &
Maint 211 $1,478,700 $1,634,508($155,808) $1,968,975 2% $706,300 $810K SB1-Road Repair &
Accountability 212 $497,600 $616,500 ($118,900) $647,576 Est. 9.5%
in FY23 $450K
State Required Maint
of Effort $279K
Integrated Waste
Mgmt 501 $3,884,283 $3,328,052 556,231 $1,636,155 $386,479 $3,671CM, $79K Special Funds Budget – Adopted FY2022
Supplemental Packet Page 17 of 34
Agenda Packet Page 50 of 67
Budget Impacts Over Last Two Years
Reduced Maintenance Service Levels/Longer Response Times for:
• Landscaping and litter removal for non-recreation facilities • Landscaping & litter removal for local street traffic islands • Commercial Area Landscaping (enhanced replanting/mulching) • City Hall Fountain Operation & Repair
• Work order requests for graffiti removal, illegal dumping, facility repairs and vegetation removal • Replacement of Street Name Signs
Reduced Engineering Services Levels/Longer Response Time • Encroachment Permit Inspections & Bond Release
• Capital Improvement Project Delivery
• Traffic Request Evaluation
Suspended Several Programs
• Neighborhood Traffic Management
• New Streetlights
• Street Banners
Stop-Gap Special Funds Use
• Measure H Backfill Used to Sustain Landscape Maintenance Services for Parks & Recreation Facilities • LLAD Fund Balance for Utilities & Landscape Maintenance Reduced Program/Analytical Support - Vacant Management Analyst Position suspended work on maintenance contract solicitations, planning for NPDES compliance, work on environmental initiatives, tracking and applying for grant funding Supplemental Packet Page 18 of 34
Agenda Packet Page 51 of 67
Public Works
Focus/
Must Do
Deliver
Deliver Direct and Daily
Services and Programs,
specifically health,
safety and regulatory
• Engineering & Building
Permits
• Development Review
• Engineering and
Maintenance Requests
• Urban Forest Management
• Weed Abatement and Fire
Fuel Reduction
• Storm Season Preparation
& Response
• Facility Safety Inspections
• Urgent Infrastructure &
Facility repairs
• Curbside Recycling and
Center Operations
• Continue Intensive
Regulatory Compliance,
Monitoring and Reporting
for Facilities and
Maintenance Programs
Deliver
Deliver Capital
Improvement Projects
• Annual Access and Street
Improvement Programs
• Park Projects with Grant
Deadlines and Immediate
Work Priorities
Implement
Implement Recently
Adopted City Policies &
State Legislation
• Public Tree & Shrub
Ordinance (2019)
• Expanded Foodware
Ordinance (2021)
• SB 1383/Solid Waste
Ordinance (2021)
• Reissued Municipal
Regional Permit for
National Pollutant
Discharge Elimination
System (NPDES) (2022)
Address
Address Administrative
Backlogs and Plan for
Deferred Maintenance
• Address Backlog and
Enhance Records
Management
• Enhance Internal & Public
Facing Permit & Work
Order Systems
• Develop a Plan to Address
Deferred Maintenance of
Facilities and Infrastructure
(Strategic Plan Goals B & D)
Supplemental Packet Page 19 of 34
Agenda Packet Page 52 of 67
Engineering Division
What We Do (4 FTES including Department-level)
 Encroachment Permits & Utility Coordination
 Land Development Review
 ADA, Bicycle and Pedestrian Safety Evaluations and Improvements  Pavement Management Program & Citizens Street Oversight Committee Liaison  Traffic Safety and On-Street Parking Evaluations and Improvements  Transportation Impact Fee Program
 Regional Transportation Planning
 Capital Improvement Program/Infrastructure Planning
 Grant Management
 Budget Planning & Monitoring
 Records Management
 Interagency Coordination
507 509
764
2019 2020 2021
Engineering
Permits Issued
202 193
712
2019 2020 2021
Building Permit
Reviews
Supplemental Packet Page 20 of 34
Agenda Packet Page 53 of 67
$0
$1,000
$2,000
$3,000
$4,000
$5,000
$6,000
$7,000
2017-18 Actuals 2018-19 Actuals 2019-20 Actuals 2020-21 Actuals 2021-22 Adopted Expenditures (In Thousands) General Fund
Special Funds
Grants/Other
Engineering Division
What We Do (4 FTES including Department-level)
Capital Improvement Projects
Supplemental Packet Page 21 of 34
Agenda Packet Page 54 of 67
Engineering Division
Accomplishments, Workplan & Challenges
Recent Accomplishments
Issued increasing number of Encroachment Permits and
conducted numerous inspections for large infrastructure projects by PG&E, EBMUD, Stege & AT&T and development projects
Transitioned to new cloud-based permitting system
Constructed San Pablo Ave & Wall St Pedestrian Safety
Improvements, Carlson Bl & San Diego St & Slurry Seal Project, plus began construction of El Dorado- Gladys-B Street
Improvements Project and Sidewalk Repair
Continued Development of Del Norte Complete Streets
Improvements Project Development incl Affordable Housing Sustainable Communities Grant ($2.9M), West County
Subregional Mitigation Funding ($1.2M)
Led Urgent Repairs of Public Safety Building Roof and City Hall Server Room Air Conditioning
Completed Grant Reimbursement Requests for Ohlone BART Access, Safety and Placemaking Improvements, Central Ave & Carlson Blvd Pavement Rehabilitation, and HNA Fire Road Repairs Review of BART TOD, Berkeley El Cerrito Corridor Access Plan, SPA Specific Plan Update
18-Month Must Do Workplan Highlights
 Stabilize Encroachment Permit inspection and
close-out process and reduce backlog of bond release
 Fully implement on-line encroachment permit applications and create annual/programmatic permit for utility companies
 Timely review of Building Permits &
Development Applications
 Repair of Arlington Guardrails & Public Safety
Sewer
 Continue review and support of BART TOD &
Access Studies and SPA Specific Plan
 Update Engineering & Traffic Surveys (Speed
Limit Zones)
 Develop the Local Roadway Safety Plan
 Update the Pavement Management Program
Challenges
 Heavy demand from utility and development
projects
 Reduced Staffing & Staff Retention
 Number and variety of CIP projects
Supplemental Packet Page 22 of 34
Agenda Packet Page 55 of 67
Operations + Environmental Services Division
What We Do (20.4 FTES)
 Infrastructure & Facility Maintenance
 Transportation System - Streets, Sidewalks, Paths, Traffic Signals, Street Lights, Signs, and Pavement Markings
 Parks and Public Landscapes – Playfields, Playgrounds, Courts, Building Grounds, Streetscapes, Street & Park Trees, and Irrigation Systems
 Public Facilities – Buildings, Underground Storage Tanks & Fuel Pumps, Generators, and Misc Structures  Storm Drain System – Pipes, Inlets, City-owned creeks  Clean Water Program/National Pollutant Discharge
Elimination System (NPDES)
 Illegal Dumping/Trash & Graffiti Abatement
 Emergency Response – all-hours/on-call for public facilities and infrastructure such as flooding, vehicle accidents, illicit discharges and spills, and downed trees and limbs
 Regulatory Compliance
998
1,233 1,326
1,476 1,464
1,295
1,165 1,201
2014 2015 2016 2017 2018 2019* 2020 2021
Maintenance Work Orders, 2014 - 2021
267
203 202
134 117
74 47 36 28 26 25 23 16
Maintenance Work Orders by Type, 2021
Supplemental Packet Page 23 of 34
Agenda Packet Page 56 of 67
 Integrated Waste Management
 Recycling & Environment Resource Center (RERC)
 Curbside Recycling Collection
 Various Solid Waste Collection, Source Reduction &
Diversion Programs
 Environmental Sustainability & Community Engagement
 Staff Liaisons to Environmental Quality Committee and Urban Forest Committee
 Monitor and implement Climate Action Plan
 Lead community engagement events and support
volunteer environmental stewardship activities (Baxter
Creek monthly clean-ups, Arbor Day, Earth Day, Hillside Festival, etc.)  Coordinate robust public outreach efforts via a monthly e-newsletter, bill-inserts, and the production of other outreach collateral  Monitor regional efforts and collaborative opportunities for EV charging, car-sharing, micro-mobility
 Support Citywide Special Events such as MLK Parade, 4th of July, and National Night Out
3,788 3,667 3,725 3,723 3,714
-
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
2017 2018 2019 2020 2021
Curbside Recycling Tonnage Collected, 2017- 2021
Operations + Environmental Services Division
What We Do (20.4 FTES)
Supplemental Packet Page 24 of 34
Agenda Packet Page 57 of 67
Operations + Environmental Services Division
Recent Accomplishments
Updated Expanded Foodware Ordinance, adopted
by Council
Developed SB 1383/Solid Waste Ordinance,
adopted by Council
Increased efforts on encampment clean-ups
including regular interdepartmental coordination on
homelessness, updating standard operating
procedures, and addressing public health and safety
issues with more frequent encampment clean-ups
Developed new and enhanced maintenance
services contracts for Vehicle Fleet and Traffic Signal, Electronic Traffic Control Devices and Street Lighting
Completed annual sidewalk shaving contract work
Provided uninterrupted daily collection of
recyclable materials, throughout the pandemic
Responded to over 1,200 service requests
Completed annual fire hazard reduction efforts in
Hillside Natural Area
Restored rain garden on San Pablo at Eureka
Applied for $150K Wildfire Resilience Grant for
Hillside Natural Area Fire Resilience and Forest
Conservation Plan
Began SB 1383 Implementation including applying
for $30K Grant, piloting more frequent compost
giveaways, implementing new database, and
developing new compliant labels
Maintained compliance with a variety of complex
and changing regulatory requirements relating to
facility maintenance, recycling, and environmental
quality
Supplemental Packet Page 25 of 34
Agenda Packet Page 58 of 67
Operations + Environmental Services Division
Must-Do Workplan, 18-Month Highlights
Integrated Waste Management
 Procure needed RERC equipment replacements
 Evaluate Recyclable Materials Processing Agreement and procurement options
 Finalize RecycleMore Memorandum of Understanding for SB 1383  Complete negotiations and finalize amended franchise agreement for garbage and organic waste collection
 Evaluate post-collection services procurement options  Continue outreach and education for Expanded Foodware Ordinance  Implement SB 1383 including new recycling brochure, new carts, enhanced procurement procedures, CalRecycle reporting, producing new labels, and more
 Evaluate AB 1276 and potentially develop new ordinance for its enforcement of single-use foodware items to be by request only Environmental Sustainability & Community Engagement
 Implement requirements of new NPDES permit
 Develop new fuel agreement for Renewal Diesel implementation  Support the Council Climate Ad-Hoc Committee
General
 On-board new analyst
Maintenance
 Develop solicitations and new contracts for Park
Landscape Maintenance Services and Tree Pruning &
Removal for Streets, Parks and Hillside Natural Area,
and Tennis Court Resurfacing
 Continue periodic encampment clean-ups in the public right-of-way and City parks, trails and creeks and fully update standard operating procedures  Reissue sidewalk shaving contract and update sidewalk removal & replacement prioritization list
 Continue abatement of illegal dumping
 Update protocols for testing, inspection and
maintenance of City Hall generator
 Replace street name signs on Arlington Boulevard and
other collector and arterial streets
 Use contractors and in-house staff to address deferred maintenance
 Collaborate with Caltrans on funding for litter
abatement and additional trash capture devices
Supplemental Packet Page 26 of 34
Agenda Packet Page 59 of 67
Operations + Environmental Services Division
Challenges
Impacts of COVID-19 pandemic
Aging infrastructure & facilities and deferred maintenance Increasing and changing demands from new development
Increasing and changing demands from state regulations Climate change and drought impacts increasing resource needs for trees and vegetation management
Reduced staffing & staff retention
Limited maintenance work order database system and no asset management system Due to demands of regulatory requirements and ongoing operations, limited current capacity to address deferred maintenance, NPDES compliance, pursue grants and other discretionary efforts
Supplemental Packet Page 27 of 34
Agenda Packet Page 60 of 67
Capital Improvement
Program (CIP)
• 35 Identified Projects
• $205 Million Unfunded Needs
Five-Year CIP
• Approx 20 projects in planning, design, construction
• 4.6 Million Expenditures
FY2021-22 Activity
• 1 Administration
• 4 Parks & Rec Facilities
• 1 Trails
• 9 Streets-Transportation
• 1 Stormwater & Drainage
FY2021-22 Budgeted Projects
Supplemental Packet Page 28 of 34
20 Agenda Packet Page 61 of 67
Capital Improvement Program
Engineering FTEs
18-Month Workplan
 Close-out, including final documentation and grant
reimbursement, 6 projects
 Complete construction of the El Dorado Street, Gladys Avenue and B Street Improvement Project and Sidewalk
Repairs on San Pablo Avenue
 Design and/or begin construction for 7 projects
including one the City’s largest projects, the El Cerrito Del Norte TOD Complete Streets Project, an estimated
$8 to $9 million construction, and the following:
 Hillside Natural Area Trails Signage
 Swim Center Accessible Parking Improvements
 Access Modifications - Moeser Lane (including Swim
Center Driveway), Pomona Avenue Sidewalk & Curb
Ramps and other ADA requests
 Arlington Park, Clubhouse & Picnic Area Improvements, PRFMP
 2022 Annual Street Improvement Project
 Swim Center Pool Replaster
 Develop project concepts, implementation plans
and initiate or complete master plans
 Richmond Street Improvement and coordination
with EBMUD major pipeline project
 Park & Rec Facilities Master Plan (PRFMP)
Immediate Work Repairs
 Storm Drain Master Plan Update
 HNA Master Plan and Vegetation Management Plan
 Caltrans I-80 Central Underpass Pedestrian and
Bicycle Path
 Develop plan to address deferred maintenance
Challenges
 One of Largest Capital Projects in 15 years
 Reduced Staffing
 Keeping up with processing contracts and grant
administration (reimbursement requests and final
reports)
Supplemental Packet Page 29 of 34
Agenda Packet Page 62 of 67
Proposed PW Operating Budget FY2022
Mid-Year Adjustments – General Fund
General Fund Revenue Expense General Fund
Support
FY21 Actual $434,107 $1,467,656 $1,033,549
FY22 Adopted $330,800 $1,696,985 $1,366,185
FY22 Actual
As of 1/31/21
$348,137 $1,137,266 $789,129
FY22 Mid-Year
Proposed
Adjustment
$148,000
(Conservative)
$107,500 ($40,500)
FY22 Forecast $478,900 1,804,485 $1,325,585
Increased Revenues due to increased number
of Building and Encroachment Permits
Unbudgeted Expenditures:
• Misc Professional Services $75K
o $15K due to Management Assistant Vacancy
o $60K Building & Encroachment Permit Contract
Inspections
• Personnel $12.5K: Analyst 25% Funding, 1/3 Year,
On-going Environmental-Related Work (such as EQC
and Clean Water)
• Infrastructure Maintenance: $15K for Public Safety
Building Sewer Repair
• Vehicle Repair: $5K
Supplemental Packet Page 30 of 34
Agenda Packet Page 63 of 67
Other Proposed FY2022 Mid-Year Adjustments
Additional Workplan Item Fund Estimated
Cost
Notes
Capital Improvement Program
City Hall EV Charging Station
Replacement & Accessibility
Upgrades
General Fund $70K New/Relocated Station; Electrical, Sidewalk, Landscaping & Pavement Marking Modifications;
Project & Construction Management Services;
$6K Grant and seeking other grants
Del Norte TOD Complete
Streets Improvements
Projects
Capital
Improvement
Fund
$40K Project Management Services funded by
Transportation Impact Fee
Integrated Waste Management (IWM)
Additional Recycling Driver Integrated Waste
Management
(IWM) Fund
$25K ¼ Year, funded by IWM Fees that became
effective Jan 2022
Supplemental Packet Page 31 of 34
Agenda Packet Page 64 of 67
Budget Considerations for FY2023 – Climate Action Plan Update Additional Workplan Item Duration Estimated Cost Notes
Staff Time to lead all related
efforts
On-going $75K 50% Analyst (includes 25% requested at midyear to fund environmental activities) Consultant Support to
Evaluate Potential Ordinance
One-Time $15K Estimated Consultant Cost for Tech Assistance on Selected Tasks for potential New
Construction Natural Gas Ban Ordinance
Consultant for Plan
Development
One-Time $45-$90K High End to incorporate Climate Adaptation and Resiliency, but can be part of Safety and
Environmental Justice Elements
CivicSpark Fellow One-Time $25K Fellow would be tasked with coordinating and conducting public outreach, supporting
consultant and/or directly completing
components of the Climate Action Plan including
the community-wide and organizational GHG
Inventories
Supplemental Packet Page 32 of 34
Agenda Packet Page 65 of 67
Additional Budget Considerations for FY2023
and Beyond
Contract Services for Engineering Inspections related to Encroachment & Building Permits and potential restoration of eliminated Engineering position Gradual restoration of General Fund Support for Routine Park & Recreation Facility Maintenance to reallocate Measure H for other priorities identified in Park & Recreation Facilities Master Plan and LLAD Annual Operating Deficit Potential restoration of part-time Maintenance Worker position focused on weed abatement and/or potentially Contract Services for Graffiti Removal to reallocate Maintenance staff time for encampment clean-ups
Repair of City Hall and Community Center Leaks
Additional Tree Pruning & Removal Contract Services
Professional Services for development of plan to address deferred maintenance including funding and implementation schedule
Supplemental Packet Page 33 of 34
Agenda Packet Page 66 of 67
Questions,
Comments &
Discussion
Supplemental Packet Page 34 of 34
Agenda Packet Page 67 of 67

El Cerrito City CouncilFebruary 15, 2022

El Cerrito City Council
February 15, 2022