Agenda packet — El Cerrito City Council, May 17, 2022 (part 1 of 3)

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AGENDA

REGULAR CITY COUNCIL MEETING
MAY 17, 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/87906223782?pwd=NWJMSTh1VTBtNWk2ejJwRDVhWnFIZz09 Meeting ID: 879 0622 3782 Password: 809092
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. Livestream Online at www.el-cerrito.org/CouncilMeetingMaterials

3. 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. Approval of Minutes
Action Proposed: Pass a motion to approve the minutes from the meetings of February 5, April 19, and March 3, 2022.

Contact: Holly M. Charléty, City Clerk, City Management B. Proclamation in Recognition of the El Cerrito Ballet Center Action Proposed: Pass a motion to approve a proclamation recognizing the El Cerrito Ballet Center for its contribution to the community of El Cerrito.

Contact: Holly M. Charléty, City Clerk, City Management C. Letter of Support for Senate Bill (SB) 852
Action Proposed: At the request of Mayor Quinto, pass a motion to authorize the Mayor to sign a letter of support for SB 852 related to Climate Resilience Districts.

Contact: Holly Charléty, City Clerk, City Management
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D. Letter of Opposition for Senate Bill (SB) 881
Action Proposed: At the request of Marin Clean Energy, pass a motion to authorize the Mayor to sign a letter in opposition to Senate Bill 881 related to Community Choice Associations and their ability to determine the best way to reach Greenhouse Gas (GHG) targets.

Contact: Holly M. Charléty, City Clerk, City Management E. Letter of Support for Senate Bill (AB) 1944
Action Proposed: At the request of Mayor Quinto, pass a motion to authorize the Mayor to sign a letter of support for AB 1944 related to teleconferencing revisions to the Brown Act.

Contact: Holly Charléty, City Clerk, City Management
F. 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 G. Proposed Budget Amendments for Engineering Staff Augmentation Services
Action Proposed: Adopt a resolution authorizing amendments to the Fiscal Year 2021-22 budget for engineering staff augmentation services.

Contact: Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
H. Make Findings and Approve Lease Purchase Agreements for Replacement Fire Engine
Action Proposed: Adopt a resolution approving and authorizing execution of agreements with First Capital Equipment Leasing Corp. for lease financing of a replacement fire engine and approving certain required findings.

Contact: Jose Castrejon, Interim Fire Chief; Michael Pigoni, Retired Fire Chief, Fire Department

6. PRESENTATIONS
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A. Contra Costa Mosquito & Vector Control District Update (MVCD) Action Proposed: Receive and file an overview of Contra Costa MVCD's annual report and current efforts, as well as the current vacancy for El Cerrito representation on the Board of Trustees.

Contact: Nola Woods, Public Affairs Director, MVCD

7. PUBLIC HEARINGS
A. Military Equipment Policy Ordinance
Policy posted 4/13/2022. Public hearing notice published 5/7/2022 Action Proposed: Conduct a public hearing, and upon conclusion, introduce by title and waive any further reading of an Ordinance adopting a Military Equipment Use Policy.

Contact: Paul Keith, Chief of Police, El Cerrito Police Department B. Public Hearing on Master Fee Schedule Revisions for Fiscal Year 2022-23
Notice Published 5/7/2022 & 5/13/2022
Action Proposed: Conduct a public hearing, and upon conclusion adopt a resolution approving the Fiscal Year 2022-23 Master Fee Schedule.

Contact: Sandra Dalida, Finance Director/Treasurer, Finance Department

8. POLICY MATTERS
A. Proposed Agreement with East Bay Sanitary for the Provision of Solid Waste Collection Services
Action Proposed: Adopt a resolution authorizing the City Manager to execute the Agreement with East Bay Sanitary, Inc. for the Provision of Solid Waste Collection Services effective June1, 2022.

Contact: Will Provost, Operations & Environmental Services Division Manager, Public Works Department; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department

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

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10. ADJOURN REGULAR CITY COUNCIL MEETING
The next regularly scheduled City Council meeting is Tuesday, June 7, 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 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 Item No. 5.A.

EL CERRITO CITY COUNCIL DRAFT MINUTES

SPECIAL CITY COUNCIL MEETING
SATURDAY, FEBRUARY 5, 2022 – 9:00 a.m.

Members:

Mayor Gabe Quinto
Mayor Pro Tem Lisa Motoyama · Councilmember Janet Abelson Councilmember Paul Fadelli · Councilmember Tessa Rudnick Pursuant to Executive Order N-29-20, teleconference restrictions of the Brown Act have been suspended, as well as the requirement to provide a physical location for members of the public to participate in the 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 and are limited to items on the special meeting agenda only:
 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 – agenda item #.

To ensure City Council receives your written comments prior to taking action, they must be received by 3:00 p.m. Friday, February 4, 2022. 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.
9:00 A.M. ROLL CALL - CONVENE SPECIAL CITY COUNCIL MEETING Mayor Quinto called the meeting to order at 9:06 p.m.

Present: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Absent: None Join Via Zoom:
https://us06web.zoom.us/j/89324100569?pwd=Q041SStpYkhqVlVWVWhGU005T0I3QT09 Meeting ID: 893 2410 0569 Password: 423580
or Dial in: 1-408-638-0968
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1. PLEDGE OF ALLEGIANCE TO THE FLAG OR OBSERVATION OF A

MOMENT OF SILENCE

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

Oral Public Comments:

Cordell Hindler – commented on need for additional positions and desire to meet in person.

Howdy Goudey – spoke regarding increasing the level of priority for the city’s standing environmental strategic goal, prioritize climate action, emergency response, and increasing public engagement.

Buddy Akacic – commented on returning to in person meetings and social, emotional impacts of remote participation.

Sherry Drobner – commented on need to focus on equity and diversity, affordable housing, tenant protections, disaster preparedness, and public engagement

3. STUDY SESSION - CITY COUNCIL PRIORITIES AND GOAL SETTING Action Proposed: Conduct a study session and provide staff direction on City Council's goals and priorities for Fiscal Year (FY) 2022-23.  Review updated 10-year Forecast including FY 2020-21 year-end actuals  Review and update on City staffing
 Discuss City Council Priorities for 2022
o Review previous City Council direction
o Review required tasks and projects for FY 2022-23 staff workplan o Short-term and long-term priorities and strategic goals Contact: Karen Pinkos, City Manager, City Management
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding environmental justice safety element, staffing coordination, non-budgeted items and grants, clarification of items funded and not yet funded, timing and effect on workplan items to the 10 year forecast, expected fiscal impact including staff time, expansive list of items to review, caution in adding new goals, ensuring a continuing stable budget, emergency services, separation of short term and long term priorities, 1 versus 2 year budget cycle, unfunded liability, Tax Revenue Agenda Packet Page 7 of 360

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Anticipation Note (TRAN), and current status of bond rating, timing of budget and next steps, review of council salaries.

Action: General direction provided included no priorities presented being removed; City Manager to look into additional grants, emergency services coordinator/public information officer position, financial sub-committee to work on 10-year forecast, and to work with the Financial Advisory Board (FAB) to review in greater depth. No formal action taken.

4. ADJOURN SPECIAL CITY COUNCIL MEETING
The special meeting adjourned at 11:44 a.m.

Gabe Quinto, Mayor
This is to certify that the foregoing is a true and correct copy of the minutes of the City Council meeting of February 5, 2022 as approved by the El Cerrito City Council.

Holly M. Charléty, MMC, City Clerk
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EL CERRITO CITY COUNCIL DRAFT MINUTES

REGULAR CITY COUNCIL MEETING
APRIL 19, 2022 – 7:00 p.m.

Members:

Mayor Gabe Quinto
Mayor Pro Tem Lisa Motoyama · Councilmember Janet Abelson Councilmember Paul Fadelli · Councilmember Tessa Rudnick 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.

To ensure City Council receives your written comments prior to taking action, they must be received by 3:00 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.

Join Via Zoom:
https://us06web.zoom.us/j/81090429321?pwd=dWF6ejdVUUR4Y05CY1dmVEQ4WERRdz09 Meeting ID: 810 9042 9321 Password: 948884
or Dial in: 1-408-638-0968
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7:00 P.M. ROLL CALL – CONVENE REGULAR CITY COUNCIL MEETING Mayor Quinto called the meeting to order at 7:09 PM.

Present: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Fadelli, Councilmember Rudnick Absent: Councilmember Abelson

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.

City Manager Pinkos - provided an update on current health conditions, including public transportation mask mandate changes; announced the June 7, 2022 return to in person, hybrid Council meeting, placement of Financial Advisory Board Investment Policy recommendation on a future City Council agenda.

Councilmember Rudnick - announced vacancies on city Boards, Commissions, and Committees.

Councilmember Fadelli - shared response to complaints regarding bird droppings at Del Norte station; thanked donors for the July 4th efforts, reminder of upcoming Earth Day on April 22, 2022.

Mayor Pro Tem Motoyama- reported attendance at St. Peters Church prayer breakfast.

Mayor Quinto - reported attendance at St. Peters Church prayer breakfast; announced Contra Costa Mosquito Vector Control Mosquito Awareness Week, and the opportunity to represent the city on the Board of Trustees.

Comments related to items appearing on the Public Hearing or Policy Matter portions of the Agenda will be heard prior to the City Council taking action on each item.

All written comments submitted prior to and during the meeting were posted online as supplemental materials and incorporated into the official meeting record. Written public comments for matters not on the agenda were received from Cordell Hindler, Ida Poberezovsky, Amei Papitto, Vanessa Warheit, Miguel Gravelle Izaguirre, Zach Weinstein, Aaron Isenstadt, Danielle Watters Westbrook, Shobit, Allison Cooper, Nick Brooks, Leslie D. Adams, Dave Weinstein (President of El Cerrito Trail Trekkers), and the Contra Costa County Mosquito and Vector Control District.

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Oral Public Comments:

Miguel Gravelle, Zach Weinstein, Danielle Watters Westbrook, Ida Poberezovsky, Nick Brooks, Aaron Isenstadt, Amei Pepito, Vanessa Warheit, Shobit Singh, and Pamela Davis - provided comments in support of reducing the Police Department budget and investing in alternative social and mental health services in El Cerrito.

Dave Weinstein - commented against proposed development on the vacant property adjacent to the Hillside Natural Area.

John Stashik - commented on police officer staffing shortages, need for coverage and fast response, and not in favor of reductions to the Police Department budget.

Denise Sangster - commented on the lack of racism in the police department and in support of continuing to fully fund the Police Department.

5. ADOPTION OF THE CONSENT CALENDAR
All items on the consent calendar shall be acted upon in one motion, unless a member of the City Council or staff request separate consideration.

Moved/Seconded: Mayor Pro Tem Motoyama/Councilmember Rudnick Action:

Approved item #A - D on the consent calendar as indicated below. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Fadelli, Councilmember Rudnick Noes: None Absent: Councilmember Abelson
A. Approval of Minutes
Action Proposed: Pass a motion to approve the minutes from the meetings of March 1, 15, and April 5, 2022.

Contact: Holly M. Charléty, City Clerk, City Management Action: Approved minutes with the following modification to April 5, 2022 under Council Communications, correcting Mayor Pro Tem Motoyama comments from "will attend" to "attend".

B. Authorize City Council and City Advisory Body Meetings to be Held Via Teleconference Pursuant to Assembly Bill 361 (AB 361) Action Proposed: Adopt a resolution authorizing City Council and City Advisory Body meetings to be held via teleconference for a period of 30 days, and making related findings pursuant to AB 361.

Contact: Holly M. Charléty, City Clerk, City Management Action: Approved Resolution No. 2022-23
C. Amendment to Custodial Services Agreement with Universal Building Services
Action Proposed: Adopt a resolution authorizing the City Manager to extend the Recreation Department's custodial services agreement with Universal Building Services through the remainder of FY2021-22.

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Contact: Christopher Jones, Recreation Director, Recreation Department Action: Approved Resolution No. 2022-24
D. Parking Time Limit Modification in front of 11461 San Pablo Avenue Action Proposed: Approve resolution authorizing the Public Works Director/City Engineer to install thirty-six (36) feet of green curb markings with a parking time limit of thirty (30) minutes in front of 11461 San Pablo Avenue.

Contact: Roland Lambert, Associate Engineer; Ana Bernardes, Engineering Manager/Senior Engineer; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Action: Approved Resolution No. 2022-25
E. Accept the Annual Report on Landscape and Lighting Assessment District No. 1988-1 for Fiscal Year 2022-23, and Adopt a Resolution of Intention to Order Improvements; and Set the Public Hearing as May 3, 2022
Action Proposed: Accept the Engineer’s Report specifying assessments for the Landscaping and Lighting Assessment District No. 1988-1 for Fiscal Year (FY) 2022-23 and adopt a Resolution of Intention to order improvements pursuant to the Landscape and Lighting Act of 1972, and set the time, date, and place of the public hearing as May 3, 2022 at 7:00 p.m.

Contact: Sandra Dalida, Finance Director/Treasurer, Finance Department
Moved/Seconded: Councilmember Fadelli/Mayor Pro Tem Motoyama Action: Pulled from consent by Councilmember Fadelli. Approved Resolution 2022-26 with the request that Exhibit B be provided as a link in the future and not as a full printed listing of parcels. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Fadelli,
Councilmember Rudnick Noes: None Absent: Councilmember Abelson

6. PRESENTATIONS
A. El Cerrito Public Protection Classification Report
Action Proposed: Receive and file a presentation on the updated El Cerrito Public Protection Classification (PPC) rating.

Contact: Michael Pigoni, Fire Chief, Fire Department
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding if payment is required to conduct survey, and notifications needed to assist homeowners in getting better insurance rates.

Action: Received and filed.

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B. RPTT Rebate Program Overview and Update
Action Proposed: Receive and file a presentation on the Real Property Transfer Tax (RPTT) Rebate Program
Contact: Keith Marks, Building Official; Melanie Mintz, Community Development Director, Community Development Department
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding most utilized rebates, amount of money paid out in rebates, advertising of rebate program, need for a permit to qualify, and submission process, potential to add rebates to reduce fire risk through vegetation modification.

Action: Received and filed

7. PUBLIC HEARINGS

8. POLICY MATTERS
A. Purchase a Replacement Type I Fire Engine
Action Proposed: Approve a resolution to authorize the lease purchase of a replacement fire engine from Hi-Tech Emergency Vehicle Services of Oakdale, California through a cooperative purchase order process based on competitive bid proposals from the City of San Jose.

Contact: Michael Pigoni, Fire Chief; Jose Castrejon, Battalion Chief; Brian Cheshareck, Fire Captain/Paramedic, Fire Department Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding increased costs for delaying purchase, process for using cooperative purchasing.

Public Comments:

Oral Public Comments:

Denise Sangster - commented on potential equipment modification that could increase the speed for travel up the hill, and potential effects of supply chain issues.

Moved/Seconded: Councilmember Rudnick/Mayor Pro Tem Motoyama Action: Approved Resolution 2022-27. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Fadelli, Councilmember Rudnick Noes:

None Absent: Councilmember Abelson
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B. Study Session on First Responder Fees
Action Proposed: Receive and discuss a report and presentation on implementing First Responder Fees for medical services provided by the Fire Department and provide direction to staff.

Contact: Michael Pigoni, Fire Chief, Fire Department; Karen Pinkos, City Manager, City Management
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding administrative needs versus revenue benefits, cost of compassionate writeoff, disproportionate affects on residents, ability to pay, due date of next update to the state auditor, potential pursuit of becoming a transport agency, use of narcotics on response calls.

Public Comments:

Oral Public Comments:

Denise Sangster - spoke regarding prior requests to charge for service and in favor of moving forward with implementing fees.

John Stashik - spoke against charging for services that should be provided as a public service.

Rosa Esquivel - inquired about difference between fire and ambulance billing.

Action: Informal consensus reached to not pursue implementing fees.

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

Councilmember Rudnick - reported on attendance at Recyclemore meeting.

Mayor Quinto - reported upcoming trip to Washington DC representing Marin Clean Energy (MCE).

10. ADJOURN REGULAR CITY COUNCIL MEETING
The regular meeting adjourned at 9:47 p.m.

Gabe Quinto, Mayor
This is to certify that the foregoing is a true and correct copy of the minutes of the City Council meeting of April 19, 2022 as approved by the El Cerrito City Council.

Holly M. Charléty, MMC, City Clerk
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EL CERRITO CITY COUNCIL DRAFT MINUTES

SPECIAL CITY COUNCIL
MEETING MAY 3, 2022 – 5:00 p.m.

Members:

This meeting will not be broadcast or livestreamed online. Members of the public may join to provide public comment using the Zoom meeting information listed above. Following public comments, the City Council will convene to closed session and the meeting will be closed to the public.

Public Comments may be submitted one of two ways and are limited to items on the special meeting agenda only:
 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 – agenda item #.

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.

Join Via Zoom:
https://us06web.zoom.us/j/83662214953?pwd=Y2pxL1pwQ1JIekhDd1YwenJhS2hTQT09 Meeting ID: 836 6221 4953 Password: 811152
or Dial in: 1-408-638-0968
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5:00 PM ROLL CALL - CONVENE SPECIAL CITY COUNCIL MEETING Mayor Quinto called the meeting to order at 5:05 p.m.

Present: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Absent: None

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

MOMENT OF SILENCE

None

3. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Karen Pinkos, City Manager; Glenn Berkheimer, Labor Negotiator; Alexandra Orologas, Assistant City Manager; and Sky Woodruff, City Attorney.

Employee Organizations: United Professional Firefighters Local 1230; Service Employees International Union (SEIU) Local 1021; Public Safety Management Association (Battalion Chief, Fire Chief, and Police Management); and Management/ Confidential Employees.

Contact: Sky Woodruff, City Attorney, City Management
City Council convened to closed session at 5:06 p.m. No reportable action.

4. ADJOURN SPECIAL CITY COUNCIL MEETING
The special meeting adjourned at 6: 50 PM
Gabe Quinto, Mayor
This is to certify that the foregoing is a true and correct copy of the minutes of the City Council meeting of May 3, 2022 as approved by the El Cerrito City Council.

Holly M. Charléty, MMC, City Clerk
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EL CERRITO CITY COUNCIL DRAFT MINUTES

REGULAR CITY COUNCIL MEETING
MAY 3, 2022 – 7:00 p.m.

Members:

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

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

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

3. Via Zoom using the meeting information listed above.

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.

Join Via Zoom:
https://us06web.zoom.us/j/87402837373?pwd=Z0lmNGNNNTFSam5QMnhZOFZLN2VZZz09 Meeting ID: 874 0283 7373 Password: 487345
or Dial in: 1-408-638-0968
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7:00 P.M. ROLL CALL – CONVENE REGULAR CITY COUNCIL MEETING Mayor Quinto called the meeting to order at 7:01p.m.

Present: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Absent: None

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

MOMENT OF SILENCE

2. TELECONFERENCE AND PUBLIC COMMENT INSTRUCTIONS

3. COUNCIL/STAFF COMMUNICATIONS
Reports of closed session, commission appointments and informational reports on matters of general interest which are announced by the City Council and staff.

City Manager Pinkos - provided update on public health conditions, return to inperson with zoom option for Council meetings on June 7th, reviewed upcoming budget meetings including a special joint meeting with Financial Advisory Board on 5/24/2022 at 6:00 PM.

Councilmember Rudnick - reported attendance at Cal Cities Public Safety Policy Committee, announced upcoming Trail Trekkers Hillside Festival, spoke at holocaust memorial events put on by the Jewish Community Center of East Bay and City of Berkeley, and Jewish Family Children’s Services.

Mayor Quinto - reported trip to Washington DC as member and representative of Marin Clean Energy (MCE); announced the passing of David McCord, El Cerrito Resident and Sierra Club member; and reported attendance at Cal Cities Environmental Policy Committee.

Comments related to items appearing on the Public Hearing or Policy Matter portions of the Agenda will be heard prior to the City Council taking action on each item.

All written comments submitted prior to and during the meeting were posted online as supplemental materials and incorporated into the official meeting record. Written public comments for matters not on the agenda were received from Cordell Hindler and Al Miller; consent item #5I from Laurenteen Brazil, SEIU 1021; and presentation item #6A from Sue and Paul Duncan.

Oral Public Comments:

Buddy Akacic – spoke regarding plans for a senior center and announced event at Albany Senior Seminar.

Jeff Levine - on behalf of East Bay Housing Organization (EBHO) spoke in support of Affordable Housing week proclamation and acknowledged work by the city in support of affordable housing.

Linda Cain - commented on seniors, May as Older American's month, and support of social and educational opportunities for seniors.

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5. ADOPTION OF THE CONSENT CALENDAR
All items on the consent calendar shall be acted upon in one motion, unless a member of the City Council or staff request separate consideration.

Moved/Seconded: Councilmember Fadelli/Councilmember Abelson Action:

Approved the consent calendar as indicated below. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
A. Bike to Wherever Day Proclamation
Action Proposed: Approve a proclamation recognizing May 20, 2022 as Bike to Wherever Day is El Cerrito
Contact: Jennifer Bright, Management Assistant; Melanie Mintz, Community Development Director, Community Development Department Action: Approved proclamation
B. National Public Works Week Proclamation
Action Proposed: Pass a motion approving a proclamation designating May 15 through 21, 2022 as National Public Works Week in El Cerrito and encouraging all residents, businesses, and community organizations to recognize the substantial contributions Public Works personnel make to protect our health, safety, and quality of life.

Contact: Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Action: Approved proclamation
C. Asian Pacific American Heritage Proclamation
Action Proposed: Pass a motion to approve a proclamation declaring the Month of May 2022 as Asian Pacific American Heritage Month in the City of El Cerrito.

Contact: Alexandra Orologas, Assistant City Manager, City Management Action: Approved proclamation
D. Jewish American Heritage Month Proclamation
Action Proposed: Pass a motion to approve a proclamation declaring the Month of May 2022 as Jewish American Heritage Month in the City of El Cerrito.

Contact: Alexandra Orologas, Assistant City Manager, City Management Action: Approved proclamation
E. Affordable Housing Month Proclamation
Action Proposed: Approve a Proclamation Declaring May as the 26th Annual East Bay Affordable Housing Month.

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Contact: Aissia Ashoori, Housing Program Manager, Community Development Department
Action: Approved proclamation
F. Building Safety Month Proclamation
Action Proposed: Adopt a Proclamation recognizing May as Building Safety Month in El Cerrito.

Contact: Jennifer Bright, Management Assistant; Keith Marks, Building Official; Melanie Mintz, Community Development Director, Community Development Department
Action: Approved proclamation
G. Environmental Quality Committee Appointment Recommendation Action Proposed: Approve an Environmental Quality Committee recommendation to appoint Eevelyn Mitchell to the Environmental Quality Committee, effective May 10, 2022.

Contact: Will Provost, Operations and Environmental Services Division Manager, Public Works Department; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Action: Approved appointment
H. FY 2021-22 Third Quarter Cash and Investment Report
Action Proposed: Receive and file the City’s Quarterly Investment Report for the Quarter ending March 31, 2022.

Contact: Sandra Dalida, Finance Director/City Treasurer Action: Received and filed
I. Juneteenth National Independence Day as City Holiday Action Proposed: Adopt a resolution establishing Juneteenth National Independence Day as a paid City Holiday for the City of El Cerrito.

Contact: Alexandra Orologas, Assistant City Manager, City Management Action: Approved Resolution No. 2022-28

6. PRESENTATIONS
A. Proclamation Honoring Fire Chief Michael Pigoni in Retirement Action Proposed: Pass a motion to approve a proclamation honoring Chief Michael Pigoni for his many years of service to the City of El Cerrito.

Contact: Karen Pinkos, City Manager, City Management
Oral Public Comments:

Sue Duncan - expressed thanks to the Chief for his service.

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Moved/Seconded: Councilmember Rudnick/Mayor Pro Tem Motoyama Action: Approved Proclamation Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None

7. PUBLIC HEARINGS
A. Public Hearing regarding Fiscal Year 2022-23 Storm Drain Annual Report and method of collecting storm drain fees
Notice Published 4/23/22 & 4/29/22. 2/3 vote required to pass.

Action Proposed: Conduct a public hearing and upon conclusion adopt a resolution approving the Fiscal Year 2022-23 Storm Drain Annual Report and directing that Storm Drain Fees be collected on the property tax rolls.

Contact: Sandra Dalida, Finance Director/Treasurer, Finance Department; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Public Hearing: Mayor Quinto opened the public hearing.

No public comments
Moved/Seconded: Councilmember Abelson/Councilmember Fadelli Action: Closed the public hearing Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
Moved/Seconded: Mayor Pro Tem Motoyama/Councilmember Abelson Action: Approved Resolution No. 2022-29 Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
B. Public Hearing to Confirm the Diagram and to Levy the Assessment for Fiscal Year 2022-23 for Landscape and Lighting Assessment District No. 1988-1
Notice Published 4/23/22
Action Proposed: Conduct a public hearing, and upon conclusion adopt a resolution setting the annual Landscape and Lighting Assessment for Fiscal Year (FY) 2022-23 as $72 per single-family residential parcel, and as noted in the Engineer’s Report for other classes of properties.

Contact: Sandra Dalida, Finance Director/City Treasurer, Finance Department; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding reason the assessment has not been increased since its inception, city funds that supplement expenses, and the amount of general funds needed.

Agenda Packet Page 21 of 360

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Public Hearing: Mayor Quinto opened the public hearing.

No public comments
Moved/Seconded: Councilmember Abelson/Mayor Pro Tem Motoyama Action: Closed Public Hearing Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
Moved/Seconded: Councilmember Abelson/Mayor Pro Tem Motoyama Action: Approved Resolution No. 2022-30 Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None

8. POLICY MATTERS
A. Adoption of the 2022 City of El Cerrito Emergency Operations Plan Action Proposed: Adopt a resolution to approve the 2022 City of El Cerrito Emergency Operations Plan, which is the foundation for disaster response and recovery operations and may be used as a reference and guidance document that outlines how the City complies with and implements the requirements of the California Emergency Services Act to protect the lives and property of the community.

Contact: Michael Pigoni, Fire Chief (Retired), Fire Department Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding responsibilities regarding aide to Kensington, need for emergency services coordinator, current status of the Community Emergency Response Team (CERT) program, community engagement, potential public safety committee, department level standard procedures, expansion on next steps, additional cost analysis for training, coordination between Contra Costa and Alameda counties and school districts, role of public information officer, assignment of roles, community based training, and methods of delivering training.

Public Comments: All written comments submitted prior to and during the meeting were posted online as supplemental materials and incorporated into the official meeting record. Written public comments for this item were received from Donald Simon and Howdy Goudey.

Oral Public Comments:

Howdy Goudey - spoke regarding the work of Kensington Amateur Radio Operators and El Cerrito Ham Operators (KARO-ECHO) and the request to correct the reference in the policy to the group.

Don Simon - commented on the importance of the CERT program and need for specific policies.

Agenda Packet Page 22 of 360

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Moved/Seconded: Councilmember Rudnick/Councilmember Fadelli Action:

Passed a motion to direct staff to return with a future agenda item to explore creating a committee for public safety or consider revising the role of the Crime Prevention Committee. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
Moved/Seconded: Councilmember Abelson/Mayor Pro Tem Motoyama Action: Approved Resolution No. 2022-31 Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
B. FY 2021-22 General Fund Budget Quarterly Update through March 2022 Action Proposed: Receive and file an update on City General Fund revenues and expenses for FY 2021-22 through March 2022.

Contact: Sandra Dalida, Finance Director/Treasurer, Finance Department Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding frequency of reporting, confidence in cashflow, trending reports, reserve levels, inclusion of a line item on Real Property Transfer Tax (RPTT) data, and timeline for receipt of remaining American Rescue Plan Act (ARPA) funds.

Action: Received and filed

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

Mayor Quinto - reported attendance at Crime Prevention Committee meeting

10. ADJOURN REGULAR CITY COUNCIL MEETING
The regular meeting adjourned at 10:08 PM in memory of El Cerrito David McCourd.

Gabe Quinto, Mayor
This is to certify that the foregoing is a true and correct copy of the minutes of the City Council meeting of May 3, 2022 as approved by the El Cerrito City Council.

Holly M. Charléty, MMC, City Clerk
Agenda Packet Page 23 of 360
Agenda Item No. 5.B.

EL CERRITO CITY COUNCIL PROCLAMATION
Commending El Cerrito Ballet Center for its 65 Years of Dedicated Service to the Children, Families, and Community of El Cerrito
WHEREAS, the El Cerrito Ballet Center was founded in 1957 by June Boblitt; and WHEREAS, classes have been held at her home on Scott Street in El Cerrito, on San Pablo Avenue near the El Cerrito florist, and finally at St. John’s Hall on Portola Drive; and WHEREAS, June Boblitt trained with Raoul Pause, director of the Oakland Civic Ballet and Mary Conmee, an associate teacher of the Royal Academy of Dance (RAD), London England, which was founded in 1920 as an international training and examining organization; and
WHEREAS, June became a teaching member of the RAD, training and entering students in examinations. El Cerrito Ballet students also had the opportunity to participate in an annual theater performance; and
WHEREAS, Barbara Gabriel grew up in El Cerrito attending Castro Elementary School, Portola Junior High School and El Cerrito High School. At age six, she started ballet classes with June Boblitt, training and entering RAD children’s and professional level examinations; and WHEREAS, at 16 years old, Barbara began teaching children’s ballet classes at EC Ballet Center under the direction of June Boblitt. At age 18 she became a teaching member of the RAD.

Barbara attended 2 years at the University of California, Berkeley then danced full time for the next 5 years with a regional company, Dancers Repertory Theater, performing modern ballet programs at many East Bay and peninsula theaters under the direction of Jeannde Herst; and WHEREAS, in 1979, Barbara became director of the El Cerrito Ballet Center, training and entering students in RAD exams for the next 20 years. She also provided a variety of performing opportunities for students with annual theater performances and an outreach program; and WHEREAS, students from the El Cerrito Ballet Center presented live performances at preschools, elementary schools, seniors centers and assisted living residences throughout the Bay Area. The outreach program started as a short 20-minute program and developed into a 35- minute narrated Nutcracker program that has entertained school and senior audiences; and WHEREAS, Barbara has taught ballet classes for over 50 years in El Cerrito. Beginning with June Boblitt, the EC Ballet Center has been a dance presence in El Cerrito for almost 65 years.

NOW THEREFORE, the City Council of the City of El Cerrito, does hereby commend El Cerrito Ballet Center for the many contributions and extends its sincere appreciation to June Boblitt and Barbara Gabriel for their devotion to the children, families, and community of El Cerrito over the past six decades.

Dated: May 17, 2022
___________________________
Gabe Quinto, Mayor
Agenda Packet Page 24 of 360
Agenda Item No. 5.C.

CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94530
Telephone (510) 215-4305 Fax (510) 215-4319 http://www.el-cerrito.org May 18, 2022
The Honorable Bill Dodd
1021 O Street, Suite 6620
Sacramento, CA 95814
RE: SB 852 Climate Resilience Districts: - Sponsor and Support Dear Senator Dodd:

On behalf of the City of El Cerrito City Council, I write to express our support for your Senate Bill 852 which would permit the establishment of local climate resilience districts to raise funds in order to plan and implement projects and programs to address climate change through mitigation and adaptation.

The effects of climate change are becoming more evident every day. The Intergovernmental Panel on Climate Change (IPCC) has said we are in a “code red” condition to take action to reduce the rate and extent of global warming in order to avoid a catastrophe. Scientists have calculated that 2021 was the sixth warmest year ever. The increasing frequency and severity of wildfire; extreme heat; extreme cold, snow, and rain; and drought are all manifestations of the influence of climate change.

California has taken a number of steps at the state level to respond to the climate crisis including AB 32 (Nunez) in 2006 to set up a cap-and-trade system to reduce greenhouse gas (GHG) emissions and SB 32 (Pavley) in 2016 to require that GHG emissions are reduced by 40% from 1990 levels by 2030 as well as many other pieces of legislation that address climate change in some manner. The 2021-22 state budget includes a $15 billion package to address wildfire and forest resilience, drought and water resilience, and climate resilience over three years.

SB 852 fills a significant gap in the framework of tackling climate change. While important actions have been taken and resources allocated at the state level, it is local communities and governments that are on the front lines of meeting the challenge. Although some local governments have acted aggressively to meet this challenge, there is no systematic, sustained, and predictable source of funding and staffing at the local level to take on the planning and implementation of projects and programs to combat the effects and impacts of climate change.

SB 852 would permit cities, counties, or special districts, either alone or in combination, to establish climate resilience districts. The districts would be able to raise revenue through tax increment financing and voter-approved supplemental property taxes, property benefit assessments, or fees. The districts would have the authority to plan and Agenda Packet Page 25 of 360

Page 2 of 2 ends

SB 852 Support Letter
May 18, 2022
implement projects and programs to address climate change either through mitigation or adaptation.

This bill will give communities and regions the means to focus resources on the most urgent aspects of climate change as determined locally. The bill will also create the ability to channel local, state, federal, and private funds in a coordinated manner within a jurisdiction or across jurisdictional boundaries to have the greatest and most effective impact.

Thank you for your leadership in creating the ability for communities and governments to finance, plan, and implement projects and programs needed most at the local level to meet the climate crisis.

Sincerely,
Gabe Quinto, Mayor
City of El Cerrito
cc: City Manager
City Council
Agenda Packet Page 26 of 360
1515\03\2534281.1
2/7/2019
SB 852 – DODD

CLIMATE RESILIENCE FINANCING DISTRICTS
Summary
SB 852 would permit cities, counties, or special
districts, either alone or in combination, to establish climate resilience districts. The districts would be
able to raise revenue through tax increment funding,
and voter approved supplemental property taxes,
property benefit assessments, or fees. The districts
would have the authority to plan and implement
projects and programs to address climate change
either through mitigation or adaptation.

Background
The effects of climate change are becoming more
evident every day. The Intergovernmental Panel on
Climate Change (IPCC) has said we are in a "code
red" condition to take action to reduce the rate and
extent of global warming in order to avoid a
catastrophe. Scientists have calculated that 2021
was the sixth hottest year ever. The increasing
frequency and severity of wildfire; extreme heat;
extreme cold, snow, and rain; and drought in
California and the world are all manifestations of the
influence of climate change. California has taken a
number of steps at the state level to respond to the
climate crisis including AB 32 (Nunez) in 2006 to set
up a cap and trade system to reduce greenhouse gas
(GHG) emissions and SB 32 (Pavley) in 2016 to
require that GHG emissions are reduced by 40%
from 1990 levels by 2030 as well as many other
pieces of legislation that address climate change in
some manner. The 2021-22 state budget includes a
$15 billion package to address wildfire and forest
resilience, drought and water resilience, and climate
resilience over three years.

Existing Law
SB 379 (Jackson) from 2015 requires cities and
counties to update the safety elements of their
general plans to address climate adaptation and
resilience strategies. SB 628 (Beall) from 2014 allows
cities and counties to establish local districts to
promote economic development through the use of
tax increment funding. No existing law addresses
the creation of local districts for climate change.

This Bill
SB 852 fills a significant gap in the framework of
addressing climate change. While important actions
have been taken and resources allocated at the state
level, it is local communities and governments are on
the front line of meeting the challenge of climate
change. While some local governments have acted
aggressively to meet the challenge, there is no
systematic, sustained, and predictable source of
funding or staffing at the local level to tackle the
planning and implementation of projects and
programs to combat the effects and impacts of
climate change. This bill will give communities and
regions the means of establishing local entities
which span jurisdictional lines and focus resources
on the most urgent aspects of climate change as
determined locally. This bill will also create the
ability to channel local, state, federal, and private
funds in a coordinated manner within a jurisdiction
or across jurisdictional boundaries to have the
greatest and most effective impact possible.

Support
Local Government Commission (sponsor)
Opposition
None on File
Contact
Les Spahnn: [email protected].

Agenda Packet Page 27 of 360
Agenda Item No. 5.D.

CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94530
Telephone (510) 215-4305 Fax (510) 215-4319 http://www.el-cerrito.org May 18, 2022
The Honorable Senator Dave Min
1021 O Street, Suite 6710
Sacramento, CA 95814
via email
Re: SB 881 (Min) – OPPOSE
Dear Senator Min,
On behalf of the City of El Cerrito, I regretfully write in opposition of SB 881. The City of El Cerrito joined the Community Choice Aggregation, Marine Clean Energy (MCE), in 2015, in an effort to have more influence on how electricity is generated and to support a more swift transition to solar, wind, and other renewable energy sources. El Cerrito is proud to support their work to build a cleaner, greener California.

Demanding better from the California Public Utilities Commission (CPUC) regulated monopoly energy systems of the last century, Community Choice Associations (CCA) began to launch about a decade ago to give the power of choice to their communities.

This forward-looking business model has developed more than 10,000 Megawatts (MW) of new, clean, energy power purchase agreements, catalyzed job growth associated with these developments, and accelerated California’s clean energy transition. According to CalCCA, this includes developing 6,117 MW of new solar, 1,044 MW of new wind, 2,646 of new energy storage, 14 MW of new geothermal, and 7 MW of new biogas.1 These developments have helped CCAs exceed the state’s established targets for renewable and emissions-free power.

As currently written, Senate Bill (SB) 881 would hinder this entrepreneurial energy by stripping away the engine of these investments – autonomy and self-governance. It would leave CCA procurement authority subject to more significant oversight by the CPUC, which could actually impede climate progress. Just this past February, in its 2021 Preferred System Plan decision the CPUC ordered procurement with a higher carbon intensity than what CCAs are already procuring.
2 The unintended consequence of this bill
would be to stifle innovation, potentially increase energy costs, and send the policy signal to CCAs to be more conservative with their investments, given increased uncertainty over their purchasing autonomy.
1 https://cal-cca.org/cca-impact/
2 D.22-02-004, issued February 14, 2022.

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Page 2 of 2 ends

Re: SB881 Oppose
5/18/2022
The City of El Cerrito supports bold statewide efforts to reduce greenhouse gas emissions across all sectors. Advocating for increased regulation makes more sense in the private sector, where profit margins are the only bottom line. However, CCAs are local government agencies, led by a set of local leaders elected by communities to represent various constituencies and who determine the CCA strategy based on the local community needs, resources, and opportunities.

While El Cerrito is proud to support effective, assertive climate policies, regretfully SB 881 stands to do more harm than good. We must respectfully oppose SB 881 and urge you to go back to the drawing board and work with community choice stakeholders to find a more effective, less disruptive solution to our most pressing climate needs.

Respectfully,
Sincerely,
Gabe Quinto, Mayor
City of El Cerrito
Cc: City Council
City Manager
Stephanie Chen, MCE
Agenda Packet Page 29 of 360
SENATE BILL No. 881
Introduced by Senator Min
(Principal coauthor: Senator Becker)
January 26, 2022
An act to amend Section 454.52 of the Public Utilities Code, relating to electricity.
legislative counsel’s digest
SB 881, as introduced, Min. Load-serving entities: integrated resource plans.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law requires the commission to adopt a process for each load-serving entity, defined as including electrical corporations, electric service providers, and community choice aggregators, to file an integrated resource plan and a schedule for periodic updates to the plan to ensure that load-serving entities accomplish specified objectives. Existing law requires each load-serving entity to prepare and file an integrated resource plan consistent with certain requirements on a time schedule directed by the commission and subject to commission review.

This bill would require the commission to require each load-serving entity to undertake sufficient procurement to achieve a diverse, balanced, and reliable statewide portfolio and realize specified electricity sector greenhouse gas emissions reductions, as provided.

Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.

Because the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission

99 Agenda Packet Page 30 of 360
implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 454.52 of the Public Utilities Code is line 2 amended to read:
line 3 454.52. (a)  (1)  Beginning in 2017, and to be updated regularly line 4 thereafter, the commission shall adopt a process for each line 5 load-serving entity, as defined in Section 380, to file an integrated line 6 resource plan, and a schedule for periodic updates to the plan, and line 7 shall ensure that load-serving entities do the following:
line 8 (A)  Meet the greenhouse gas emissions reduction targets line 9 established by the State Air Resources Board, Board scoping plan, line 10 in coordination with the commission and the Energy Commission, line 11 for the electricity sector and each load-serving entity that reflect line 12 the electricity sector’s percentage in achieving the economywide line 13 greenhouse gas emissions reductions of 40 percent from 1990 line 14 levels by 2030. required pursuant to Division 25.5 (commencing line 15 with Section 38500) of the Health and Safety Code. line 16 (B)  Procure at least 60 percent eligible renewable energy line 17 resources by December 31, 2030, consistent with Article 16 line 18 (commencing with Section 399.11) of Chapter 2.3. line 19 (C)  Enable each electrical corporation to fulfill its obligation to line 20 serve its customers at just and reasonable rates. line 21 (D)  Minimize impacts on ratepayers’ bills.
line 22 (E)  Ensure system and local reliability on both a near-term and line 23 long-term basis, including meeting the near-term and forecast line 24 long-term resource adequacy requirements of Section 380. line 25 (F)  Comply with paragraph (1) of subdivision (b) of Section line 26 399.13.
99 SB 881 — 2 —
Agenda Packet Page 31 of 360
line 1 (G)  Strengthen the diversity, sustainability, and resilience of line 2 the bulk transmission and distribution systems, and local line 3 communities.
line 4 (H)  Enhance distribution systems and demand-side energy line 5 management.
line 6 (I)  Minimize localized air pollutants and other greenhouse gas line 7 emissions, with early priority on disadvantaged communities line 8 identified pursuant to Section 39711 of the Health and Safety Code. line 9 (2)  (A)  The commission may authorize all source procurement line 10 for electrical corporations that includes various resource types line 11 including demand-side resources, supply side resources, and line 12 resources that may be either demand-side resources or supply side line 13 resources, taking into account the differing electrical corporations’ line 14 geographic service areas, to ensure that each load-serving entity line 15 meets the goals set forth in paragraph (1).
line 16 (B)  The commission may approve procurement of resource line 17 types that will reduce overall greenhouse gas emissions from the line 18 electricity sector and meet the other goals specified in paragraph line 19 (1), but due to the nature of the technology or fuel source may not line 20 compete favorably in price against other resources over the time line 21 period of the integrated resource plan.
line 22 (3)  In furtherance of the requirements of paragraph (1), the line 23 commission shall consider the role of existing renewable line 24 generation, grid operational efficiencies, energy storage, and line 25 distributed energy resources, including energy efficiency, in line 26 helping to ensure each load-serving entity meets energy needs and line 27 reliability needs in hours to encompass the hour of peak demand line 28 of electricity, excluding demand met by variable renewable line 29 generation directly connected to a California balancing authority, line 30 as defined in Section 399.12, while reducing the need for new line 31 electricity generation resources and new transmission resources line 32 in achieving the state’s energy goals at the least cost to ratepayers. line 33 (b)  (1)  Each load-serving entity shall prepare and file an line 34 integrated resource plan consistent with paragraph (2) of line 35 subdivision (a) on a time schedule directed by the commission and line 36 subject to commission review.
line 37 (2)  Each electrical corporation’s plan shall follow the provisions line 38 of Section 454.5.
line 39 (3)  The plan of a community choice aggregator shall be line 40 submitted to its governing board for approval and provided to the 99 — 3 — SB 881
Agenda Packet Page 32 of 360
line 1 commission for certification, consistent with paragraph (5) of line 2 subdivision (a) of Section 366.2, and shall achieve the following:
line 3 (A)  Economic, reliability, environmental, security, and other line 4 benefits and performance characteristics that are consistent with line 5 the goals set forth in paragraph (1) of subdivision (a). line 6 (B)  A diversified procurement portfolio consisting of both line 7 short-term and long-term electricity and electricity-related and line 8 demand reduction products.
line 9 (C)  The resource adequacy requirements established pursuant line 10 to Section 380.
line 11 (4)  The plan of an electric service provider shall achieve the line 12 goals set forth in paragraph (1) of subdivision (a) through a line 13 diversified portfolio consisting of both short-term and long-term line 14 electricity, electricity-related, and demand reduction products. line 15 (c)  (1)  The commission shall require each load-serving entity line 16 to undertake sufficient procurement, in combination with other line 17 load-serving entities, to achieve a diverse, balanced, and reliable line 18 statewide portfolio and realize the electricity sector greenhouse line 19 gas emissions reductions described in subparagraph (A) of line 20 paragraph (1) of subdivision (a).
line 21 (2)  The commission may assess penalties on any load-serving line 22 entity that fails to satisfy its obligations pursuant to this section line 23 and may authorize additional procurement to satisfy unmet needs line 24 resulting from this failure. Any additional procurement to satisfy line 25 unmet needs may occur pursuant to subdivision (b) of Section line 26 454.51 with the costs allocated to the customers of the load-serving line 27 entity that failed to meet its obligations.
line 28 (c)
line 29 (d)  To the extent that additional procurement is authorized for line 30 the electrical corporation in the integrated resource plan or the line 31 procurement process authorized pursuant to Section 454.5, the line 32 commission shall ensure that the costs are allocated in a fair and line 33 equitable manner to all customers consistent with Section 454.51, line 34 that there is no cost shifting among customers of load-serving line 35 entities, and that community choice aggregators may self-provide line 36 renewable integration resources consistent with Section 454.51. line 37 (d)
line 38 (e)  To eliminate redundancy and increase efficiency, the process line 39 adopted pursuant to subdivision (a) shall incorporate, and not line 40 duplicate, any other planning processes of the commission. 99 SB 881 — 4 —
Agenda Packet Page 33 of 360
line 1 (e)
line 2 (f)  This section applies to an electrical cooperative, as defined line 3 in Section 2776, only if the electrical cooperative has an annual line 4 electrical demand exceeding 700 gigawatthours, as determined line 5 based on a three-year average commencing with January 1, 2013. line 6 SEC. 2. No reimbursement is required by this act pursuant to line 7 Section 6 of Article XIIIB of the California Constitution because line 8 the only costs that may be incurred by a local agency or school line 9 district will be incurred because this act creates a new crime or line 10 infraction, eliminates a crime or infraction, or changes the penalty line 11 for a crime or infraction, within the meaning of Section 17556 of line 12 the Government Code, or changes the definition of a crime within line 13 the meaning of Section 6 of Article XIII B of the California line 14 Constitution.

O
99 — 5 — SB 881
Agenda Packet Page 34 of 360
Agenda Item No. 5.E.

CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94530
Telephone (510) 215-4305 Fax (510) 215-4319 http://www.el-cerrito.org May 18, 2022
The Honorable Cecilia Aguiar-Curry
Chair of the Local Government Committee
1020 N Street, Room 157
Sacramento, CA 95814
Re: Support for AB 1944 (Lee)
Dear Assemblymember Lee:

The City Council of the City of El Cerrito writes in strong support of AB 1944 (Lee). This bill would allow members of a local legislative body, upon majority vote, to waive the Brown Act requirements of publishing their private address on the meeting agenda and making this address open and accessible to members of the public.

AB 1944 ensures that should a member of a legislative body subject to the Brown Act choose to teleconference into a meeting without revealing their private address or making this address accessible to the public, livestreams of meetings are required and members of the public can address their elected officials either through a call-in or video option.

It is the responsibility of government to enhance opportunities for members of the public to make their voices heard in policy decisions that affect them. This bill would not only increase the ways in the public could participate in meeting, but could expand residents’ interest in running for local elective office.

By allowing for more flexible remote participation outside of a declared state of emergency, this bill could increase democratic participation in local government. El Cerrito Councilmembers are not full-time, and therefore members often have full-time work commitments. This bill would provide more flexibility and reduce geographic and physical barriers that may impede on the ability to attend meetings. Opening up these restrictions could encourage more residents to consider running for elective office, as well as allow elected officials to expand their representation of our city with commitments to organizations such as League of California Cities or National League of Cities.

For these reasons, the El Cerrito City Council writes in strong support of AB 1944 (Lee).

Sincerely,
Gabe Quinto, Mayor
City of El Cerrito
cc: City Manager
City Council
Agenda Packet Page 35 of 360
AB 1944

ASSEMBLYMEMBER ALEX LEE

OFFICE OF ASSEMBLYMEMBER ALEX LEE
AB 1944 FACT SHEET | UPDATED 04/21/22

THIS BILL
This bill would allow members of a local legislative body, upon majority vote, to waive the Brown Act requirements of publishing their private address on the meeting agenda and making this address open to members of the public. It would also require a remote participation option for
members of the public to address the body.

BACKGROUND
The Ralph M. Brown Act passed in 1953 requires local
government business to be conducted at open and public
meetings, except in certain limited situations. Existing law allows the legislative body of a local agency to use teleconferencing as long as a quorum of the members
participate from locations within the boundaries of the agency’s jurisdiction.

In order to teleconference, each teleconference location is required to be identified in the notice and agenda of the meeting, as well as be accessible to the public.

On March 2020, Governor Newsom issued Executive
Order N-29-20 which waived the teleconference
requirements for local agencies during the COVID-19
pandemic. This order has since expired.

AB 361 (Rivas, 2021) permits local agencies to continue to meet virtually and remotely during a state-declared
emergency without having to meet a quorum and other
requirements of teleconference meetings under the Brown Act. Local legislative bodies may continue to meet
virtually pursuant to AB 361 until the end of the current state of emergency and during any future state of
emergency up until January 1, 2024. The legislative body is required to take a majority vote every 30 days in order to continue allowing members to participate virtually
without meeting existing Brown Act requirements.

PROBLEM
Given the last few years of the COVID-19 pandemic,
many members of Brown Act bodies have participated
remotely in official business, and have shown effective leadership while keeping themselves and their families
healthy and safe. However, even with existing legislation, the protections are only in place during a declared state of emergency. In addition, if there is no majority vote every 30 days, members who choose to teleconference are
required to make private addresses publicly known and
accessible.

Since there are many members of Brown Act bodies who
have families that may be immunocompromised or may
need to teleconference from a private location that cannot be made accessible to the public, there are still many
concerns with existing legislation.

For example, if outside of the pandemic a local elected is teleconferencing from a hospital room after giving birth, she would be forced to either reveal the location she is teleconferencing from or make the room publicly
available, or she would not be able to attend the meeting and partake in her official duties.

Another example is if a Planning Commissioner is
immunocompromised, or has immunocompromised
family members at home, they may choose to
teleconference into meetings. However, they would be
required to share their private home address and make it publicly accessible.

SOLUTION
AB 1944 would ensure that:
 Brown Act bodies can vote to allow their
members to teleconference into a meeting
without having to reveal private addresses or
make private addresses accessible to the public,
to continue performing their official duties
 Livestreams of meetings are required whenever
members teleconference into meetings so the
public has access to observe and participate in
meetings
 Members of the public can address their elected
officials either through a call-in or video option,
ensuring that they are able to participate in
government
Agenda Packet Page 36 of 360

OFFICE OF ASSEMBLYMEMBER ALEX LEE
AB 1944 FACT SHEET | UPDATED 04/21/22

SUPPORT
California State Association of Counties
League of California Cities
Rural County Representatives of California
Urban Counties of California
League of California Cities Latino Caucus
Association of California School Administrators
Association of California Healthcare Districts
California Association of Public Authorities for IHSS
Bay Area Air Quality Management District
California Charter Schools Association
California School Boards Association
Cities Association of Santa Clara County
California Special Districts Association
California Central Valley Flood Control Association
City of Cupertino
City of Lafayette
City of Mountain View
City of Redwood City
City of San José
City of Santa Clara
City of Sunnyvale
California Council of the Blind
Disability Rights California
Encina Wastewater Authority
First 5 Solano Children and Families Commission
Housing Contractors of California
Indivisible CA-37
Indivisible Sacramento
Indivisible San Francisco
Indivisible San Jose
Local Health Plans of California
Los Angeles Unified School District
Mendocino County Board of Supervisors
Monterey County
Peninsula Clean Energy
Sacramento Area Council of Governments
San Mateo County Transit District (SAMTRANS)
San Mateo County Transportation Authority
Silicon Valley Clean Energy
Silicon Valley Community Foundation
Solano County Board of Supervisors
Sonoma Clean Power
Stanislaus Council of Governments
State Association of County Retirement Systems
Town of Hillsborough
Transportation Agency for Monterey County
Transportation Authority of Marin
Tulare County Board of Supervisors
Tulare County
Upper San Gabriel Valley Municipal Water District
Gilroy City Councilmember Zach Hilton
Pinole Mayor Pro Tem Devin T. Murphy
Santa Clara School Board Member Vickie Fairchild
Santa Clara School Board Member Bonnie Lieberman
Seaside City Councilmember Jon Wizard
South San Francisco Councilmember James Coleman
San Bruno Park District Trustee Andriana Shea
Santa Ana City Councilmember Jessie Lopez
Sacramento City Councilmember Katie Valenzuela
South San Francisco Unified School District Board of
Trustees John Baker
North Westwood Neighborhood Councilmember Andrew
Lewis

CONTACT
Maria Montchal, Legislative Aide
Office of Assemblymember Alex Lee
916-319-2025 | [email protected]
Agenda Packet Page 37 of 360

AGENDA BILL
Agenda Item No. 5.F.

Date: May 17, 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 certain conditions exist and the legislative body makes 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 necessary findings for the period between October 5, 2021 through May 21, 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 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 May 21, 2022 - June 19, 2022.

Agenda Packet Page 38 of 360
Agenda Item No. 5.F.

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.

As long as there is not a change in public health conditions, city staff is planning for the implementation of hybrid meetings for City Council beginning with the regular meeting scheduled on Tuesday, June 7, 2022. This meeting will allow City Council, staff, presenters, and members of the public to attend either in-person or via zoom.

Agenda Packet Page 39 of 360
Agenda Item No. 5.F.

Due to staffing resources and limitations of technology, staff is planning for the continuation of city board, commission and committee meetings via zoom with no inperson option for attendance.

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

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

2. Contra Costa County Recommendations for Safe Public Meetings Agenda Packet Page 40 of 360
RESOLUTION 2022-XX

A RESOLUTION AUTHORIZING CITY COUNCIL AND CITY ADVISORY BODY MEETINGS TO BE HELD VIA TELECONFERENCE FOR THE 30-DAY PERIOD BEGINNING MAY 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, 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, if a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, the legislative body shall make findings that it reconsidered the circumstances of the state of emergency and that either the state of emergency continues to directly impact the ability of the members to meet safely in person, or state or local officials continue to impose or recommend measures to promote social distancing; and Agenda Packet Page 41 of 360
WHEREAS, such conditions now exist in the City, specifically, a State of Emergency due to COVID-19 continues and on March 1, 2022, the Contra Costa County Health Officer issued updated 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 and Omicron variants of COVID-19 have emerged, causing an increase in COVID19 cases throughout the State; and WHEREAS, COVID-19 cases rates remain high with the Omicron variant being predominant, 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 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 that state or local officials continue to impose or recommend measures to promote social distancing; 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:

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
Agenda Packet Page 42 of 360
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 May 21, 2022 through June 19, 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 May 17, 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:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on May , 2022.
________________________
Holly M. Charléty, City Clerk
APPROVED:
________________________
Gabe Quinto, Mayor
Agenda Packet Page 43 of 360
Recommendations for safely holding public meetings
Each local government agency is authorized to determine whether to hold public meetings in person, on-line (teleconferencing only), or via a combination of methods. The following are recommendations from the Contra Costa County Health Officer to minimize the risk of COVID 19 transmission during a public meeting.

1. Online meetings (i.e. teleconferencing meetings) are encouraged, where practical, as these meetings present the lowest risk of transmission of SARS CoV-2, the virus that causes COVID 19. This is particularly important when community prevalence rates are high. Our current trends as of April 15, 2022 in Covid-19 case rate and Covid-19 hospitalizations have plateaued at this time, but wastewater surveillance data and COVID-19 test positivity has been increasing. In addition to this, the predominant variant of Covid-19 being identified continues to be the Omicron variant, the impact of which on the spread of Covid-19 has shown to dramatically increase COVID-19 transmission.

2. If a local agency determines to hold in-person meetings, offering the public the opportunity to attend via a call-in option or an internet-based service option is recommended, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person.

3. A written safety protocol should be developed and followed. It is recommended that the protocol require social distancing, where feasible – i.e. six feet of separation between attendees; and consider requiring or strongly encouraging face masking of all attendees and encouraging attendees to be up-to-date on their COVID-19 vaccine.

4. Seating arrangements should allow for staff and members of the public to easily maintain at least six-foot distance from one another at all practicable times.

5. Consider holding public meetings outdoors. Increasing scientific consensus is that outdoor airflow reduces the risk of COVID-19 transmission compared to indoor spaces. Hosting events outdoors also may make it easier to space staff and members of the public at least 6 feet apart.

6. Current evidence is unclear as to the added benefit of temperature checks in addition to symptom checks. We encourage focus on symptom checks as they may screen out individuals with other Covid-19 symptoms besides fever and help reinforce the message to not go out in public if you are not feeling well.

7. Consider a voluntary attendance sheet with names and contact information to assist in contact tracing of any cases linked to a public meeting.

Revised 4-15-2022
Sefanit Mekuria, MD, MPH
Deputy Health Officer, Contra Costa County
Agenda Packet Page 44 of 360

AGENDA BILL
Agenda Item No. 5.G.

Date: May 17, 2022
To: El Cerrito City Council
From: Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Subject: Proposed Budget Amendments for Engineering Staff Augmentation Services

ACTION PROPOSED
Adopt a resolution authorizing amendments to the Fiscal Year 2021-22 budget for engineering staff augmentation services.

BACKGROUND & ANALYSIS
The Senior Engineer/Engineering Manager left employment with the City of El Cerrito as of May 5, 2022. While the City is already advertising to fill this newly vacant position, the recruitment and hiring process could take approximately three months or longer. Given already reduced staffing levels in the Engineering Division of the Public Works Department, staff augmentation services are immediately needed to continue to provide core engineering services including engineering permits, utility coordination, development review, transportation engineering, and project and grant management.

The Public Works Department has several on-call engineering firms available to provide these services. The agreements with these firms, including contract authority, have previously been approved by City Council. In May 2018, the City Council authorized the City Manager to execute consulting services agreements with four firms to provide oncall engineering and project management services for three years with options to extend for an additional two years in an amount not to exceed $200,000 per fiscal year for each agreement (Resolution 2018-34). Similarly, in April 2020, the City Council authorized the City Manager to execute consulting services agreements with five firms to provide on-call construction management services for an amount not to exceed $250,000 per fiscal year (Resolution 2020-15).

City staff have requested preliminary proposals from two of these firms to provide staff augmentation services. To backfill staff and continue providing essential and timesensitive engineering services, City staff estimates 32 hours per week for a nine-week period at an average hourly rate of $185 for a total of $53,280 through the end of June 2022. Although there will be some salary savings, the total personnel savings is estimated to be under $9,000 (due to leave payouts for the previous employee), resulting in a total additional cost of $44,300.

Agenda Packet Page 45 of 360
Agenda Item No. 5.G.

The position is funded through the General Fund and other special funds, therefore City staff is proposing additional expenditure appropriations in Fiscal Year (FY) 2021-22 from the Gas Tax Fund Balance in the amount of $17,720 and from the General Fund Balance in the amount of $26,580. Any additional costs for staff augmentation services beyond June 2022 will be included in the upcoming FY 2022-23 Budget.

STRATEGIC PLAN CONSIDERATIONS
The staff augmentation services are needed to continue providing essential and timesensitive engineering services. As such, this item is consistent with Strategic Plan Goal A: Deliver exemplary government services and Goal D: Ensure the Public’s Health and Safety.

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

FINANCIAL CONSIDERATIONS
City staff is requesting approval to transfer a total of $44,300 to increase the FY 2021- 22 Public Works Department expenditure budget for costs associated with the proposed engineering staff augmentation services as follows:
 $17,720 from the Gas Tax Fund Balance
 $26,580 from General Fund balance
As of May 9, 2022, the Gas Tax Fund Balance was $19,281.00 with only 64% of revenue of $403,962 received fiscal year to date, with approximately $150,000 remaining revenue to be received. The General Fund Balance as of the end of FY 2022 Third Quarter was $627,926. There are sufficient funds available in both the Gas Tax Fund and the General Fund to cover the $44,300 costs associated with the proposed engineering staff augmentation. The Finance Director has reviewed and confirmed available fund balances.

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

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution
Agenda Packet Page 46 of 360
RESOLUTION NO. 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO AUTHORIZING AMENDMENTS TO THE FISCAL YEAR 2021-22 BUDGET FOR ENGINEERING STAFF

AUGMENTATION SERVICES
WHEREAS, the Senior Engineer/Engineering Manager left employment with the City of El Cerrito as of May 5, 2022, and while the City has begun a recruitment to fill the position, it is anticipated to remain vacant for three months or longer; and WHEREAS, given already reduced staffing levels in the Engineering Division of the Public Works Department, staff augmentation services are immediately needed to continue to provide core engineering services including engineering permits, utility coordination, development review, transportation engineering, and project and grant management; and
WHEREAS, in May 2018, the City Council authorized the City Manager to execute consulting services agreements with four firms to provide on-call engineering and project management services for three years with options to extend for an additional two years in an amount not to exceed $200,000 per fiscal year for each agreement (Resolution 2018-34); and
WHEREAS, similarly, in April 2020, the City Council authorized the City Manager to execute consulting services agreements with five firms to provide on-call construction management services for an amount not to exceed $250,000 per fiscal year (Resolution 2020-15); and
WHEREAS City staff have requested preliminary proposal from two of these firms to provide staff augmentation services and estimate a cost of $53,280 to backfill staff and continue providing essential and time-sensitive engineering services and this is offset by personnel cost savings of approximately $9,000, resulting in a total additional cost of approximately $44,300; and
WHEREAS amendments to the Fiscal Year (FY) 2021-22 budget are needed to cover the additional cost.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that it hereby appropriates an additional $17,720 from the Gas Tax Fund Balance and $26,580 from the General Fund Balance as an increase to the FY 2021-22 Public Works Department budget.

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

I CERTIFY that at a regular meeting on May 17, 2022 the City Council of the City of El Cerrito passed this Resolution by the following vote:

Agenda Packet Page 47 of 360
AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on May ______, 2022.
________________________
Holly M. Charléty, City Clerk
APPROVED:
________________________
Gabe Quinto, Mayor
Agenda Packet Page 48 of 360

AGENDA BILL
Agenda Item No. 5.H.

Date: May 17, 2022
To: El Cerrito City Council
From: Jose Castrejon, Interim Fire Chief; Michael Pigoni, Retired Fire Chief, Fire Department
Subject: Make Findings and Approve Lease Purchase Agreements for Replacement Fire Engine

ACTION PROPOSED
Adopt a resolution approving and authorizing execution of agreements with First Capital Equipment Leasing Corp. for lease financing of a replacement fire engine and approving certain required findings.

BACKGROUND/ANALYSIS
On April 19, 2022, the El Cerrito City Council authorized the City Manager to execute a contract for the acquisition of a replacement fire engine and equipment through Resolution 2022-27. To provide the funds for that approved purchase, the City will enter into an equipment lease purchase agreement with Capital One Public Funding, LLC ("Capital One") and an escrow agreement with Capital One BOKF, NA, as escrow agent, both dated May 24, 2022.

The proposed financing contemplates the City entering into a 10-year equipment lease purchase agreement with Capital One Public Funding LLC in the amount of $1,365,902 for the cost of a replacement engine and equipment. The amount of $1,145,241.25 is financed at an interest rate of 3.339%. Annual payments on this agreement will be $136,590.20 beginning in May 2023 and ending in May 2032. The form of the financing also calls for the City to enter into an escrow agreement pursuant to which Capital One will place funds with the escrow agent, and the escrow agent will release those funds to pay for the purchase of the replacement fire engine.

The proposed resolution would make findings required by Capital One and approve the lease financing agreement and escrow agreement and authorize the City Manager to execute both.

STRATEGIC PLAN CONSIDERATIONS
The approval of these contracts fulfills Goal B: Achieve Long-term Financial Sustainability and Goal E: Ensure the Public's Health and Safety.

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

Agenda Packet Page 49 of 360
Agenda Item No. 5.H.

FINANCIAL CONSIDERATIONS
The total cost of the lease purchase agreement is $1,145,241.25 spread across 10 years. The cost of the engine, $1,067.828.47, is financed at an interest rate of 3.339% The City will be required to make an annual payment of $136,590.20 beginning on May 24, 2023 and every year thereafter until May 24, 2032.

LEGAL CONSIDERATIONS
The City Attorney has reviewed and approves of the terms of the lease financing.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution

2. Exhibit A to Resolution (Equipment Lease Purchase Agreement)

3. Exhibit B to Resolution (Escrow Agreement)
Agenda Packet Page 50 of 360
RESOLUTION 2022-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO APPROVING

CERTAIN FINDINGS REQUIRED BY FIRST CAPITAL EQUIPMENT LEASING

CORPORATION AND APPROVING AND AUTHORIZING EXECUTION OF

AGREEMENTS FOR FINANCING THE PURCHASE OF A REPLACEMENT FIRE ENGINE IN AN AMOUNT NOT TO EXCEED $1,145,241.25
WHEREAS, the City of El Cerrito, California (the "Lessee") is a political subdivision duly organized under the constitution and laws of the State of California; and
WHEREAS, it is hereby determined that a true and real need exists for the acquisition of a new fire pumper for use by Lessee's fire department (the "Equipment"); and
WHEREAS, it is necessary and desirable and in the best interest of the Lessee, as lessee, to enter into an Equipment Lease Purchase Agreement (the "Agreement") with Capital One Public Funding, LLC, as lessor (the "Lessor"), and certain related documents, for the purposes described therein, including the lease purchase of the Equipment in an amount not to exceed $1,145,241.25 at an interest rate not to exceed 4% for ten (10) years; and
WHEREAS, on April 19, 2022 the City Council adopted Resolution 2022-27 authorizing the City Manager to execute a contract with Hi-Tech E.V.S. for the acquisition of a replacement fire engine; and
WHEREAS, First Capital Equipment Leasing Corporation requires a resolution approving the specific recitals included below as part of the approval of agreements for lease financing of a replacement fire engine.

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

Section 1. The Agreement, attached hereto as Exhibit A, in substantially the same form as presented to this meeting, and the terms and performance thereof are hereby approved, and the City Manager (or designee) of the Lessee is hereby authorized to execute and deliver the Agreement on behalf of the Lessee, with such changes therein as shall be approved by such officer, such approval to be conclusively evidenced by such officer's execution thereof.

Section 2. The Escrow Agreement (the "Escrow Agreement"), attached hereto as Exhibit B, among the Lessee, the Lessor and the escrow agent named therein, in substantially the same form as presented to this meeting, and the terms and performance thereof are hereby approved, and the Escrow Agreement is hereby authorized to be executed and delivered on behalf of the Lessee by a duly authorized Agenda Packet Page 51 of 360
officer of the Lessee, with such changes therein as shall be approved by such officer, such approval to be conclusively evidenced by such officer's execution thereof.

Section 3. The Lessee shall, and the officers, agents and employees of the Lessee are hereby authorized and directed to take such further action and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Resolution, and to carry out, comply with and perform the duties of the Lessee with respect to the Agreement and the Escrow Agreement, and to execute all documents related to the execution of the Agreement in accordance with the intent of the resolution..

Section 4. The Lessee has made certain capital expenditures in connection with the acquisition of the Equipment prior to the date hereof, and the Lessee expects to make additional capital expenditures in connection with the acquisition of the Equipment in the future. The Lessee intends to reimburse itself for all or a portion of such expenditures, to the extent permitted by law, with the proceeds of the Agreement to be delivered by the Lessee. The maximum principal amount of the Agreement expected to be delivered for the Equipment is not expected to exceed $1,145,241.25.

Section 5. This Resolution shall take effect and be in full force immediately after its adoption by the governing body of the Lessee.

I CERTIFY that at a regular meeting on May 17, 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:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on May , 2022.
________________________
Holly M. Charléty, City Clerk
APPROVED:
________________________
Gabe Quinto, Mayor
Agenda Packet Page 52 of 360
EQUIPMENT LEASE PuRCHASE AGREEMENT
THIS EQUIPMENT LEASE PURCHASE AGREEMENT (the "Agreement"), is dated as of May 24, 2022, between CAPITAL ONE PUBLIC FUNDING, LLC, a limited liability company organized and existing under the laws of the State of New York, as Lessor ("Lessor"), and the CITY OF EL CERRITO, CALIFORNIA, a political subdivision existing under the laws of the State of California, as Lessee ("Lessee"), wherein the parties hereby agree as follows:

Section 1. Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise:
"Agreement" means this Equipment Lease Purchase Agreement and any other schedule, exhibit or escrow agreement made a part hereof by the parties hereto, together with any amendments to this Agreement.
"Code" means the Internal Revenue Code of 1986, as amended. "Commencement Date" is the date when the term of this Agreement and Lessee's obligation to pay rent commences, which date will be the earlier of (i) the date on which the Equipment is accepted by Lessee in the manner described in Section 13, or (ii) the date on which sufficient moneys to purchase the Equipment are deposited for that purpose with an escrow agent. "Equipment" means the property described on the Equipment Schedule attached hereto as Exhibit A, and all replacements, substitutions, repairs, restorations, modifications, attachments, accessions, additions and improvements thereof or thereto.
"Event of Default" means an Event of Default described in Section 35. "Issuance Year" is the calendar year in which the Commencement Date occurs. "Lease Term" means the Original Term and all Renewal Terms, but ending on the occurrence of the earliest event specified in Section 6.
"Lessee" means the entity described as such in the first paragraph of this Agreement, its successors and its assigns.
"Lessor" means the entity described as such in the first paragraph of this Agreement, its successors and its assigns.
"Maximum Lease Term" means the Original Term and ail Renewal Terms through the Renewal Term including the last Rental Payment Date set forth on the Payment Schedule. "Net Proceeds" means the amount remaining from the gross proceeds of any insurance claim or condemnation award after deducting ail expenses (including attorneys' fees) incurred in the collection of such claim or award.
"Original Term" means the period from the Commencement Date until the end of the fiscal year of Lessee in effect at the Commencement Date.
"Payment Schedule" means the schedule of Rental Payments and Purchase Price set forth on Exhibit B. "Purchase Price" means the amount set forth on the Payment Schedule that Lessee may, at its option, pay to Lessor to purchase the Equipment.
"Renewal Terms" means the optional renewal terms of this Agreement, each having a duration of one year and a term co-extensive with Lessee's fiscal year. "Rental Payment Dates" means the dates set forth on the Payment Schedule on which Rental Payments are due.

Agenda Item No. 5.H.

Attachment 1
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''Rental Payments" means the basic rental payments payable by Lessee pursuant to Section 9. "State" means the State of California.
"Vendor" means the manufacturer of the Equipment as well as the agents or dealers of the manufacturer from whom the Equipment is or has been purchased, as listed on Exhibit A.

Section 2. Representations and Covenants of Lessee. Lessee represents, warrants and covenants for the benefit of Lessor as follows:
(a) Lessee is a political subdivision duly organized and existing under the constitution and laws of the State. Lessee will do or cause to be done all things to preserve and keep in full force and effect its existence as a political subdivision. Lessee has a substantial amount of one or more of the following sovereign powers: (i) the power to tax, (ii) the power of eminent domain, and (iii) police power. (b) Lessee is authorized under the constitution and laws of the State to enter into this Agreement and the transaction contemplated hereby and to perform all of its obligations hereunder. (c) Lessee has been duly authorized to execute and deliver this Agreement by proper action and approval of its governing body at a meeting duly called, regularly convened and attended throughout by a requisite majority of the members thereof or by other appropriate official approval. (d) This Agreement constitutes the legal, valid and binding obligation of Lessee enforceable in accordance with its terms, except to the extent limited by applicable bankruptcy, insolvency, reorganization or other laws affecting creditors' rights generally.
(e) No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default exists at the Commencement Date. (f) Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current fiscal year to make the Rental Payments scheduled to come due during the Original Term and to meet its other obligations for the Original Term, and such funds have not been expended for other purposes.
(g) Lessee has complied with such public bidding requirements as may be applicable to this Agreement and the acquisition by Lessee of the Equipment hereunder. (h) There is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, pending or threatened against or affecting Lessee, nor to the best knowledge of Lessee is there any basis therefor, wherein an unfavorable decision, ruling or finding would materially adversely affect the transactions contemplated by this Agreement or any other document, agreement or certificate which is used or contemplated for use in the consummation of the transactions contemplated by this Agreement or materially adversely affect the financial condition or properties of Lessee. (i) All authorizations, consents and approvals of governmental bodies or agencies required in connection with the execution and delivery by Lessee of this Agreement or in connection with the carrying out by Lessee of its obligations hereunder have been obtained.

U) The entering into and performance of this Agreement or any other document or agreement contemplated hereby to which Lessee is or is to be a party will not violate any judgment, order, law or regulation applicable to Lessee or result in any breach of, or constitute a default under, or result in the creation of any lien, charge, security interest or other encumbrance on any assets of Lessee or the Equipment pursuant to any indenture, mortgage, deed of trust, bank loan or credit agreement or other instrument to which Lessee is a party or by which it or its assets may be bound, except as herein provided.
(k) The Equipment described in this Agreement is essential to the function of Lessee or to the service Lessee provides to its citizens. Lessee has an immediate need for, and expects to make immediate use of, -2-
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substantially all the Equipment, which need is not temporary or expected to diminish in the foreseeable future. The Equipment will be used by Lessee only for the purpose of performing one or more of Lessee's governmental or proprietary functions consistent with the permissible scope of Lessee's authority. (1) Neither the payment of the Rental Payments hereunder nor any portion thereof is (i) secured by any interest in property used or to be used in a trade or business of a non-exempt person (within the meaning of Section 103 of the Code) or in payments in respect of such property or (ii) derived from payments in respect of property, or borrowed money, used or to be used in a trade or business of a non-exempt person (within the meaning of Section 103 of the Code}. No portion of the Equipment will be used directly or indirectly in any trade or business carried on by any non-exempt person (within the meaning of Section 103 of the Code).
(m) Lessee will comply with all applicable provisions of the Code, including without limitation Sections 103 and 148 thereof, and the applicable regulations of the Treasury Department to maintain the exclusion of the interest components of Rental Payments from gross income for purposes of federal income taxation. (n) Lessee will use the proceeds of this Agreement as soon as practicable and with all reasonable dispatch for the purpose for which this Agreement has been entered into. No part of the proceeds of this Agreement will be invested in any securities, obligations or other investments or used, at any time, directly or indirectly, in a manner which, if such use had been reasonably anticipated on the date of issuance of this Agreement, would have caused any portion of this Agreement to be or become "arbitrage bonds" within the meaning of Section 103(b)(2) or Section 148 of the Code and the applicable regulations of the Treasury Department.
(o) Lessee has never failed to pay payments coming due under any bond issue, lease purchase agreement or other indebtedness obligation of Lessee.
(p) The useful life of the Equipment will not be less than the Maximum Lease Term. (q) The application, statements and credit or financial information submitted by Lessee to Lessor are true and correct and made to induce Lessor to enter into this Agreement and the escrow agreement, if any, and Lessee has experienced no material change in its financial condition since the date(s} of such information. (r} Lessee has provided Lessor with audited financial statements through June 30, 2021. Lessee has experienced no material change in its financial condition or in the revenues expected to be utilized to meet Rental Payments due under this Agreement since June 30, 2021. (s) Lessee shall pay the excess (if any) of the actual costs of acqumng the Equipment under the Agreement over the amount deposited by Lessor in the escrow fund, if any, established under any related escrow agreement and interest earnings thereon.
(t} Lessee agrees that proceeds of this Agreement shall be held in escrow by an escrow agent appointed by Lessor (or assignee thereof) and invested as directed by Lessor (or assignee thereof) within the authority granted by Section 53601 (m} of the California Government Code. (u) Lessee confirms that this Agreement will not be designated as a "qualified tax-exempt obligation" as defined in Section 265(b}(3)(B) of the Code.

Section 3. Certification as to Arbitrage. Lessee hereby represents as follows:
(a) The estimated total costs of the Equipment, together with any costs of entering into this Agreement that are expected to be financed under this Agreement, will not be less than the total principal portion of the Rental Payments.
(b) The Equipment has been ordered or is expected to be ordered within six months of the Commencement Date, and the Equipment is expected to be delivered and installed, and the Vendor fully paid, within eighteen months of the Commencement Date.
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(c) Lessee has not created or established, and does not expect to create or establish, any sinking fund or other similar fund (i) that is reasonably expected to be used to pay the Rental Payments, or (ii) that may be used solely to prevent a default in the payment of the Rental Payments. (d) The Equipment has not been and is not expected to be sold or otherwise disposed of by Lessee, either in whole or in major part, prior to the last maturity of the Rental Payments. (e) To the best of our knowledge, information and belief, the above expectations are reasonable.

Section 4. Lease of Equipment. Lessor hereby demises, leases and lets the Equipment to Lessee, and Lessee rents, leases and hires the Equipment from Lessor, in accordance with the provisions of this Agreement, for the Lease Term.

Section 5. Lease Term. The Original Term of this Agreement will commence on the Commencement Date and will terminate on the last day of Lessee's current fiscal year. The Lease Term may be continued, solely at the option of Lessee, at the end of the Original Term or any Renewal Term for an additional Renewal Term up to the Maximum Lease Term. At the end of the Original Term and at the end of each Renewal Term until the Maximum Lease Term has been completed, Lessee will be deemed to have exercised its option to continue this Agreement for the next Renewal Term unless Lessee has terminated this Agreement pursuant to Section 6 or Section 31. The terms and conditions during any Renewal Term will be the same as the terms and conditions during the Original Term, except that the Rental Payments will be as provided in the Payment Schedule.

Section 6. Termination of Lease Term. The Lease Term will terminate upon the earliest of any of the following events:
(a) the expiration of the Original Term or any Renewal Term of this Agreement and the nonrenewal of this Agreement in the event of nonappropriation of funds pursuant to Section 8; (b) the exercise by Lessee of the option to purchase the Equipment under the provisions of Section 31 and payment of the Purchase Price and all amounts payable in connection therewith; (c) a default by Lessee and Lessor's election to terminate this Agreement under Section 36; or (d) the payment by Lessee of all Rental Payments authorized or required to be paid by Lessee hereunder during the Maximum Lease Term.

Section 7. Continuation of Lease Term. Lessee currently intends, subject to the provis10ns of Section 8 and Section 12, to continue the Lease Term through the Original Term and all of the Renewal Terms and to pay the Rental Payments hereunder. Lessee reasonably believes that legally available funds in an amount sufficient to make all Rental Payments during the Original Term and each of the Renewal Terms can be obtained. The responsible financial officer of Lessee will do all things lawfully within his or her power to obtain and maintain funds from which the Rental Payments may be made, including making provision for such Rental Payments to the extent necessary in each proposed annual budget submitted for approval in accordance with applicable procedures of Lessee and to exhaust all available reviews and appeals in the event such portion of the budget is not approved. Notwithstanding the foregoing, the decision whether or not to budget or appropriate funds or to extend this Agreement for any Renewal Term is solely within the discretion of the then current governing body of Lessee.

Section 8. Nonappropriation. Lessee is obligated only to pay such Rental Payments under this Agreement as may lawfully be made from funds budgeted and appropriated for that purpose during Lessee's then current fiscal year. In the event sufficient funds will not be appropriated or are not otherwise legally available to pay the Rental Payments required to be paid in the next occurring Renewal Term, as set forth in the Payment Schedule, this Agreement will be deemed to be terminated at the end of the then current Original Term or Renewal Term. Lessee agrees to deliver notice to Lessor of such termination at least 90 days prior to the end of the then current Original Term or Renewal Term, but failure to give such notice will not extend the Lease Term beyond such Original Term or Renewal Term. If this Agreement is terminated in accordance with this Section, Lessee agrees, at Lessee's cost and expense, to peaceably deliver the Equipment to Lessor at the location or locations specified by Lessor. -4-
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Section 9. Rental Payments. Lessee will pay Rental Payments, exclusively from legally available funds, in lawful money of the United States of America to Lessor in the amounts and on the dates set forth on the Payment Schedule, such payment to be made by wire or other form of electronic payment in accordance with written instructions provided by Lessor or, with Lessor's consent, by such other commercially reasonable method of payment. Rental Payments will be in consideration for Lessee's use of the Equipment during the fiscal year in which such payments are due. Any Rental Payment not received on or before its due date will bear interest at the rate of 10% per annum or the maximum amount permitted by law, whichever is less, from its due date.

In the event that it is determined that any of the interest components of Rental Payments may not be excluded from gross income for purposes of federal income taxation, Lessee agrees to pay to Lessor promptly after any such determination and on each Rental Payment Date thereafter an additional amount determined by Lessor to compensate Lessor for the loss of such excludability (including without limitation, compensation relating to interest expense, penalties or additions to tax), which determination shall be conclusive absent manifest error.

Section 10. Interest Component. As set forth on the Payment Schedule, a portion of each Rental Payment is paid as, and represents payment of, interest.

Section 11. Rental Payments To Be Unconditional. Except as provided in Section 8, the obligations of Lessee to make Rental Payments and to perform and observe the other covenants and agreements contained herein shall be absolute and unconditional in all events without abatement, diminution, deduction, set-off or defense, for any reason, including without limitation any failure by the Vendor to deliver the Equipment or otherwise perform any of its obligations for whatever reason, including bankruptcy, insolvency, reorganization or similar event with respect to the Vendor or under any Vendor agreement, disputes with Lessor or the Vendor with respect to the Equipment, any defects, malfunctions, breakdowns or infirmities in the equipment or any accident, condemnation or unforeseen circumstances.

Section 12. Rental Payments to Constitute a Current Expense of Lessee. The obligation of Lessee to pay Rental Payments hereunder will constitute a current expense of Lessee, are from year to year and do not constitute a mandatory payment obligation of Lessee in any fiscal year beyond the then current fiscal year of Lessee. Lessee's obligation hereunder will not in any way be construed to be an indebtedness of Lessee in contravention of any applicable constitutional, charter or statutory limitation or requirement concerning the creation of indebtedness by Lessee, nor will anything contained herein constitute a pledge of the general credit, tax revenues, funds or moneys of Lessee.

Section 13. Delivery, Installation and Acceptance of the Equipment. Lessee will order the Equipment, cause the Equipment to be delivered at the location specified on Exhibit A and pay any and all delivery costs in connection therewith. When the Equipment has been delivered and installed, Lessee will immediately accept the Equipment and evidence said acceptance by executing and delivering to Lessor an acceptance certificate in form and substance acceptable to Lessor. After it has been delivered, the Equipment will not be primarily moved from the location specified on Exhibit A without Lessor's consent, which consent will not be unreasonably withheld.

Section 14. Enjoyment of Equipment. Lessor hereby covenants to provide Lessee with quiet use and enjoyment of the Equipment during the Lease Term, and Lessee will peaceably and quietly have and hold and enjoy the Equipment during the Lease Term, without suit, trouble or hindrance from Lessor, except as otherwise expressly set forth in this Agreement.

Section 15. Right of Inspection. Lessor will have the right at all reasonable times during regular business hours to enter into and upon the property of Lessee for the purpose of inspecting the Equipment.

Section 16. Use of the Equipment. Lessee will not install, use, operate or maintain the Equipment improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by this Agreement. Lessee will obtain all permits and licenses, if any, necessary for the installation and operation of the Equipment. In addition, Lessee agrees to comply in all respects (including, without limitation, with respect to the use, maintenance and operation of each item of the Equipment) with all -5-
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applicable laws, regulations and rulings of any legislative, executive, administrative or judicial body; provided, however, that Lessee may contest in good faith the validity or application of any such law, regulation or ruling in any reasonable manner that does not, in the opinion of Lessor, adversely affect the interest of Lessor in and to the Equipment or its interest or rights under this Agreement.

Section 17. Maintenance of Equipment. Lessee agrees that it will, at Lessee's own cost and expense, maintain, preserve and keep the Equipment in good repair, working order and condition. Lessor will have no responsibility to maintain, or repair or to make improvements or additions to the Equipment. If requested to do so by Lessor, Lessee will enter into a maintenance contract for the Equipment with Vendor.

Section 18. Title to the Equipment. During the Lease Term, title to the Equipment and any and all additions, repairs, replacements or modifications will vest in Lessee, subject to the rights of Lessor under this Agreement; provided that title will thereafter immediately and without any action by Lessee vest in Lessor, and Lessee will immediately surrender possession of the Equipment to Lessor upon (a) any termination of this Agreement other than termination pursuant to Section 31 or (b) the occurrence of an Event of Default. It is the intent of the parties hereto that any transfer of title to Lessor pursuant to this Section will occur automatically without the necessity of any bill of sale, certificate of title or other instrument of conveyance. Lessee will, nevertheless, execute and deliver any such instruments as Lessor may request to evidence such transfer. Lessee irrevocably designates, makes, constitutes and appoints Lessor and its assignee as Lessee's true and lawful attorney (and agent in-fact) with power, at such time of termination or times thereafter as Lessor in its sole and absolute discretion may determine, in Lessee's or Lessor's or such assignee's name, to endorse the name of Lessee upon any bill of sale, document, instrument, invoice, freight bill, bill of lading or similar document relating to the Equipment in order to vest title in Lessor and transfer possession to Lessor.

Section 19. Security Interest. To secure the payment of all of Lessee's obligations under this Agreement and to the extent permitted by law, Lessor retains a security interest constituting a first lien on the Equipment and on all additions, attachments and accessions thereto and substitutions therefor and proceeds therefrom. Lessee agrees to execute such additional documents in form satisfactory to Lessor, that Lessor deems necessary or appropriate to establish and maintain its security interest. Lessee agrees that financing statements may be filed with respect to the security interest in the Equipment.

Lessee will, at Lessee's expense, file an application for and obtain the first certificate of title for any Equipment constituting a vehicle, designating Lessee as owner and Lessor as first lienholder, and a certificate of registration issued in Lessee's name. Lessee will, at Lessee's expense, take such action as shall be necessary from time to time to avoid suspension or revocation of any certificates of title and to renew and maintain all certificates of registration. If Lessee is required to obtain any new certificate of title or of registration, Lessee will, at Lessee's expense and with written notice to Lessor of such action, obtain such new certificate of title or of registration in the form described above. Lessee will provide Lessor with all license, registration and vehicle identification numbers relating to each vehicle and will arrange for the registration and titling of all such vehicles. Lessee will notify Lessor of any changes to the certificate of registration or license plate within 10 days of such change.

As further security therefor, Lessee grants to Lessor a first priority security interest in the cash and negotiable instruments from time to time comprising the escrow fund, if any, established under any related escrow agreement and all proceeds (cash and non-cash) thereof, and agrees with respect thereto that Lessor shall have all the rights and remedies of a secured party.

Section 20. Personal Property. Lessor and Lessee agree that the Equipment is and will remain personal property. The Equipment will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner physically affixed or attached to such real estate or any building thereon. Upon the request of Lessor, Lessee will, at Lessee's expense, furnish a waiver of any interest in the Equipment from any party having an interest in any such real estate or building.

Section 21. Liens, Taxes, Other Governmental Charges and Utility Charges. Lessee will keep the Equipment free and clear of all liens, charges and encumbrances, except those created under this Agreement. The parties to this Agreement contemplate that the Equipment will be used for a -6-
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governmental or proprietary purpose of Lessee and, therefore, that the Equipment will be exempt from all property taxes and other similar charges. If the use, possession or acquisition of the Equipment is found to be subject to taxation in any form, Lessee will pay all taxes and governmental charges lawfully assessed or levied against or with respect to the Equipment. Lessee will pay all utility and other charges incurred in the use and maintenance of the Equipment. Lessee will pay such taxes and charges as the same become due; provided that, with respect to any such taxes and charges that may lawfully be paid in installments over a period of years, Lessee will be obligated to pay only such installments that accrue during the Lease Term.

Section 22. Insurance. At its own expense, Lessee will maintain (a) casualty insurance insuring the Equipment against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Lessor in an amount at least equal to the then applicable Purchase Price of the Equipment, (b) liability insurance that protects Lessor from liability in all events in form and amount satisfactory to Lessor, and (c) workers' compensation coverage as required by the laws of the State; provided that, with Lessor's prior written consent, Lessee may self-insure against the risks described in clauses (a) and (b). All insurance proceeds from casualty losses will be payable as hereinafter provided. Lessee will furnish to Lessor certificates evidencing such coverage throughout the Lease Term upon acceptance of the Equipment.

All such casualty and liability insurance will be with insurers that are acceptable to Lessor, will name Lessor as a loss payee and an additional insured and will contain a provision to the effect that such insurance will not be cancelled or modified materially without first giving written notice thereof to Lessor at least ten days in advance of such cancellation or modification. All such casualty insurance will contain a provision making any losses payable to Lessee and Lessor, as their respective interests may appear.

Section 23. Advances. In the event Lessee fails to maintain the insurance required by this Agreement, pay taxes or charges required to be paid by it under this Agreement or fails to keep the Equipment in good repair and operating condition, Lessor may (but will be under no obligation to) purchase the required policies of insurance and pay the cost of the premiums on the thereof, pay such taxes and charges and make such Equipment repairs or replacements as are necessary and pay the cost thereof. All amounts so advanced by Lessor will become additional rent for the then current Original Term or Renewal Term.

Lessee agrees to pay such amounts with interest thereon from the date paid at the rate of 10% per annum or the maximum permitted by law, whichever is less.

Section 24. Financial Information. Upon request, Lessee shall furnish or cause to be furnished to Lessor, at Lessee's expense, as soon as available after the close of each fiscal year, the audited financial statement of Lessee at the close of and for such fiscal year, all in reasonable detail, with supporting schedules, audited by and with the report of Lessee's auditor (the "Audit"), which may be in electronic .pdf format. In the event the Audit is filed on the MSRB's "EMMA" website, to satisfy this requirement Lessee may email a link to the posted Audit to Lessor. The electronic Audit or EMMA link may be sent to the following email address (or such other address as Lessor supplies to Lessee in writing):

[email protected] (Yvonne Foley). In the event that the Audit is not available, Lessee will furnish unaudited financial statements to Lessor in the manner described in this Section, and will then supply the Audit immediately upon the availability thereof.

Section 25. Release and Indemnification. To the extent permitted by law, Lessee will indemnify, protect and hold harmless Lessor from and against any and all liability, obligations, losses, claims and damages whatsoever, regardless of cause thereof, and expenses in connection therewith (including, without limitation, counsel fees and expenses and any federal income tax and interest and penalties connected therewith imposed on interest received) arising out of or as the result of (a) the entering into this Agreement, (b) the ownership of any item of the Equipment, (c) the manufacturing, ordering, acquisition, use, operation, condition, purchase, delivery, rejection, storage or return of any item of the Equipment, (d) any accident in connection with the operation, use, condition, possession, storage or return of any item of the Equipment resulting in damage to property or injury or death to any person or (e) the breach of any covenant herein or any material misrepresentation contained herein. The indemnification arising under this paragraph will continue in full force and effect notwithstanding the full payment of all obligations under this Agreement or the termination of the Lease Term for any reason. -7-
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Section 26. Risk of Loss. Lessee assumes, from and including the Commencement Date, all risk of loss of or damage to the Equipment from any cause whatsoever. No such loss of or damage to the Equipment nor defect therein nor unfitness or obsolescence thereof will relieve Lessee of the obligation to make Rental Payments or to perform any other obligation under this Agreement.

Section 27. Damage, Destruction, Condemnation; Use of Proceeds. If (a) the Equipment or any portion thereof is destroyed, in whole or in part, or is damaged by fire or other casualty, or (b) title to, or the temporary use of, the Equipment or any part thereof or the interest of Lessee or Lessor in the Equipment or any part thereof will be taken under the exercise of the power of eminent domain by any governmental body or by any person, firm or corporation acting under governmental authority, Lessee and Lessor will cause the Net Proceeds of any insurance claim or condemnation award to be applied to the prompt replacement, repair, restoration, modification or improvement of the Equipment, unless Lessee has exercised its option to purchase the Equipment pursuant to Section 31. Any balance of the Net Proceeds remaining after such work has been completed will be paid to Lessee.

Section 28. Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvement referred to in Section 27, Lessee will either (a) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds, or (b) purchase Lessor's interest in the Equipment pursuant to Section 31. The amount of the Net Proceeds, if any, remaining after completing such repair, restoration, modification or improvement or after purchasing the Equipment will be retained by Lessee. If Lessee will make any payments pursuant to this Section, Lessee will not be entitled to any reimbursement therefor from Lessor nor will Lessee be entitled to any diminution of the amounts payable under Section 9.

Section 29. Disclaimer of Warranties. LESSOR MAKES NO WARRANTY OR REPRESENTATION,

EXPRESS OR IMPUED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS

FOR PARTICULAR USE OR PURPOSE OF THE EQUIPMENT OR AGAINST INFRINGEMENT, OR ANY OTHER WARRANTY OR REPRESENTATION WITH RESPECT THERETO. IN NO EVENT SHALL

LESSOR BE UABLE FOR ANY ACTUAL, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL

DAMAGE IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE EXISTENCE,

FURNISHING, FUNCTIONING OR LESSEE'S USE OR MAINTENANCE OF ANY EQUIPMENT OR SERVICES PROVIDED FOR IN THIS AGREEMENT.

Section 30. Vendor's Warranties. Lessee may have rights under the contract evidencing the purchase of the Equipment; Lessee is advised to contact the Vendor for a description of any such rights. Lessee hereby assigns to Lessor during the Lease Term all warranties running from Vendor to Lessee. Lessor hereby irrevocably appoints Lessee its agent and attorney-in-fact during the Lease Term, so long as Lessee will not be in default hereunder, to assert from time to time whatever claims and rights (including without limitation warranties) related to the Equipment that Lessor may have against the Vendor. Lessee's sole remedy for the breach of any such warranty, indemnification or representation will be against the Vendor, and not against Lessor. Any such matter will not have any effect whatsoever on the rights and obligations of Lessor with respect to this Agreement, including the right to receive full and timely payments hereunder. Lessee expressly acknowledges that Lessor makes, and has made, no representations or warranties whatsoever as to the existence or availability of such warranties by the Vendor.

Section 31. Purchase Option; Prepayment.
(a) Lessee will have the option to purchase the Equipment, upon giving written notice to Lessor at least 30 days before the date of purchase, at the following times and upon the following terms:
(i) On any Rental Payment Date, upon payment in full of the Rental Payment then due hereunder plus all other amounts due hereunder plus the then-applicable Purchase Price to Lessor; or (ii) In the event of substantial damage to or destruction or condemnation (other than by Lessee or any entity controlled by or otherwise affiliated with Lessee) of substantially all of the Equipment, on the day Lessee specifies as the purchase date in Lessee's notice to Lessor of its exercise of the purchase option, upon payment in full of the Rental Payment and all other amounts then due hereunder plus (i) the Purchase Price designated on the Payment Schedule for such purchase date if such purchase date is a Rental Payment Date or the Purchase Price for the immediately preceding -8-
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Rental Payment Date if such purchase date is not a Rental Payment Date, and (ii) if such day is not a Rental Payment Date, an amount equal to the portion of the interest component of the Rental Payment scheduled to come due on the following Rental Payment Date accrued from the immediately preceding Rental Payment Date to such purchase date, computed on the basis of a 360-day year of twelve 30-day months.
(b) In the event monies remain in any escrow fund established under an escrow agreement, upon receipt by the escrow agent under such escrow agreement of a duly executed certificate of acceptance and payment request identified as the final such request, the remaining monies in such escrow fund shall, first be applied to all reasonable fees and expenses incurred by such escrow agent, if applicable, in connection with such escrow fund as evidenced by its statement forwarded to Lessor and Lessee; and, second be paid to Lessor, for application against the outstanding principal components of Rental Payments, including prepayment of Rental Payments hereunder, unless Lessor directs that payment of such amount be made in such other manner that, in the opinion of nationally recognized counsel in the area of tax exempt municipal obligations satisfactory to Lessor, will not adversely affect the exclusion of the interest components of Rental Payments from gross income for federal income tax purposes. If any such amount is applied against the outstanding principal components of Rental Payments, the Payment Schedule attached hereto will be revised accordingly.

On the final Lease Payment Date, Lessee will be deemed to have exercised its option to purchase the Equipment subject to this Agreement, without requirement for written notice, upon payment in full of the Lease Payments then due hereunder, plus all other amounts due hereunder and not yet paid.

Upon the exercise of the option to purchase set forth above, title to the Equipment will be vested in Lessee, free and clear of any claim by or through Lessor.

Section 32. Determination of Fair Purchase Price. Lessee and Lessor hereby agree and determine that the Rental Payments hereunder during the Original Term and each Renewal Term represent the fair value of the use of the Equipment and that the amount required to exercise Lessee's option to purchase the Equipment pursuant to Section 31 represents, as of the end of the Original Term or any Renewal Term, the fair purchase price of the Equipment. Lessee hereby determines that the Rental Payments do not exceed a reasonable amount so as to place Lessee under a practical economic compulsion to renew this Agreement or to exercise its option to purchase the Equipment hereunder. In making such determinations, Lessee and Lessor have given consideration to (a) the costs of the Equipment, (b) the uses and purposes for which the Equipment will be employed by Lessee, (c) the benefit to Lessee by reason of the acquisition and installation of the Equipment and the use of the Equipment pursuant to the terms and provisions of this Agreement, and (d) Lessee's option to purchase the Equipment. Lessee hereby determines and declares that the acquisition and installation of the Equipment and the leasing of the Equipment pursuant to this Agreement will result in equipment of comparable quality and meeting the same requirements and standards as would be necessary if the acquisition and installation of the Equipment were performed by Lessee other than pursuant to this Agreement. Lessee hereby determines and declares that the Maximum Lease Term does not exceed the useful life of the Equipment.

Section 33. Assignment by Lessor. Lessor's interest in, to and under this Agreement and the Equipment may be assigned and reassigned in whole or in part to one or more assignees by Lessor without the necessity of obtaining the consent of Lessee; and such assignment, transfer or conveyance shall be made only to (i) an affiliate of Lessor or (ii) banks, insurance companies, trusts, custodians or other financial institutions or their affiliates, but no such assignment, transfer or conveyance shall be effective as against Lessee unless and until Lessor has delivered to Lessee written notice thereof that discloses the name(s) and address(es) of the assignee(s) or the Lease Servicer (as hereafter provided).

Nothing herein shall limit the right of Lessor or its assignees to sell, assign or grant participation interests in this Agreement to one or more entities listed in (i) or (ii); provided that if such assignment is made pursuant to a participation, custodial or similar agreement under which multiple ownership interests in this Agreement are created, it shall establish a single entity, owner, servicer or other fiduciary or agent to act on behalf of all of the holders of such participation interests (herein referred to as the "Lease Servicer") with respect to the rights and interests of such holders hereunder, including the exercise of rights and remedies thereunder upon the occurrence of an event of default or an event of non-appropriation, and further including the maintenance of a register by which a record of the names and addresses of such holders as of any particular time is kept and agrees, upon request of Lessee, to -9-
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furnish such information to Lessee. Lessee will retain all notices of assignment as a register of all assignees and will make all payments to the assignee, assignees or Lease Servicer designated in such register. Lessee agrees to execute all documents, including notices of assignment and chattel mortgages or financing statements that may be reasonably requested by Lessor or any assignee to protect its interest in the Equipment and in this Agreement and agrees to the filing of financing statements with respect to the Equipment and this Agreement. Lessee will not have the right to and will not assert against any assignee any claim, counterclaim, defense, set-off or other right Lessee may have against Lessor.

Section 34. Assignment and Subleasing by Lessee. None of Lessee's right, title and interest in, to and under this Agreement and the Equipment may be assigned or encumbered by Lessee for any reason, except that Lessee may sublease all or part of the Equipment if Lessee obtains the prior written consent of Lessor and an opinion of nationally recognized counsel in the area of tax exempt municipal obligations satisfactory to Lessor that such subleasing will not adversely affect the exclusion of the interest components of the Rental Payments from gross income for federal income tax purposes. Any such sublease of all or part of the Equipment will be subject to this Agreement and the rights of Lessor in, to and under this Agreement and the Equipment.

Section 35. Events of Default Defined. Subject to the provisions of Section 8, any of the following will be "Events of Default" under this Agreement:
{a) Failure by Lessee to pay any Rental Payment or other payment required to be paid hereunder at the time specified herein;
(b) Failure by Lessee to observe and perform any covenant, condition or agreement on its part to be observed or performed, other than as referred to in Section 35(at, for a period of 30 days after written notice, specifying such failure and requesting that it be remedied, is given to Lessee by Lessor, unless Lessor will agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected; (c) Any statement, representation or warranty made by Lessee in or pursuant to this Agreement or its execution, delivery or performance will prove to have been false, incorrect, misleading or breached in any material respect on the date when made;
(d) Any provision of this Agreement will at any time for any reason cease to be valid and binding on Lessee, or will be declared to be null and void, or the validity or enforceability thereof will be contested by Lessee or any governmental agency or authority if the loss of such provision would materially adversely affect the rights or security of Lessor, or Lessee will deny that it has any further liability or obligation under this Agreement;
(e) Lessee will (i} apply for or consent to the appointment of a receiver, trustee, custodian or liquidator of Lessee, or of all or a substantial part of the assets of Lessee, (ii} be unable, fail or admit in writing its inability generally to pay its debts as they become due, (iii) make a general assignment for the benefit of creditors, (iv) have an order for relief entered against it under applicable federal bankruptcy law, or (v) file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors or taking advantage of any insolvency law or any answer admitting the material allegations of a petition filed against Lessee in any bankruptcy, reorganization or insolvency proceeding; or (f) An order, judgment or decree will be entered by any court of competent jurisdiction, approving a petition or appointing a receiver, trustee, custodian or liquidator of Lessee or of all or a substantial part of the assets of Lessee, in each case without its application, approval or consent, and such order, judgment or decree will continue unstayed and in effect for any period of 30 consecutive days.

Section 36. Remedies on Default. Whenever any Event of Default exists, Lessor will have the right, at its sole option without any further demand or notice, to take one or any combination of the following remedial steps:
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(a) By written notice to Lessee, Lessor may declare all Rental Payments and other amounts payable by Lessee hereunder to the end of the then current Original Term or Renewal Term to be due; (b) With or without terminating this Agreement, Lessor may enter the premises where the Equipment is located and retake possession of the Equipment or require Lessee at Lessee's expense to promptly return any or all of the Equipment to the possession of Lessor at a place specified by Lessor, and sell or lease the Equipment or, for the account of Lessee, sublease the Equipment, holding Lessee liable for the difference between (i) the Rental Payments and other amounts payable by Lessee hereunder plus the applicable Purchase Price, and (ii) the net proceeds of any such sale, lease or sublease (after deducting all expenses of Lessor in exercising its remedies under this Agreement, including without limitation, all expenses of taking possession, storing, reconditioning and selling or leasing the Equipment and all brokerage, auctioneers' and attorneys' fees) provided that the amount of Lessee's liability under this subparagraph (b) shall not exceed the Rental Payments and other amounts otherwise due hereunder plus the remaining Rental Payments and other amounts payable by Lessee to the end of the then current Original Term or Renewal Term;
(c) Lessor may provide written notice of the occurrence of an Event of Default to the escrow agent under any related escrow agreement, and the escrow agent shall thereupon promptly remit to Lessor the entire balance of the escrow fund established thereunder; and (d) Lessor may take whatever other action at law or in equity may appear necessary or desirable to enforce its rights as the owner of the Equipment.

In addition, Lessee will remain liable for all covenants and indemnities under this Agreement and for all legal fees and other costs and expenses, including court costs, incurred by Lessor with respect to the enforcement of any of the remedies listed above or any other remedy available to Lessor.

Section 37. No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy will be cumulative and will be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default will impair any such right or power or will be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle Lessor to exercise any remedy reserved to it in this Agreement it will not be necessary to give any notice, other than such notice as may be required in this Agreement.

Section 38. Notices. All notices, certificates or other communications hereunder will be sufficiently given and will be deemed given when delivered or mailed by registered mail, postage prepaid, to the parties at the addresses immediately after the signatures to this Agreement (or at such other address as either party hereto will designate in writing to the other for notices to such party), to any assignee at its address as it appears on the register maintained by Lessee.

Section 39. Binding Effect. This Agreement will inure to the benefit of and will be binding upon Lessor and Lessee and their respective successors and assigns.

Section 40. Severability. In the event any provision of this Agreement will be held invalid or unenforceable by any court of competent jurisdiction, such holding will not invalidate or render unenforceable any other provision hereof.

Section 41. Entire Agreement. This Agreement constitutes the entire agreement between Lessor and Lessee.

Section 42. Amendments. This Agreement may be amended, changed or modified in any manner by written agreement of Lessor and Lessee. Any waiver of any provision of this Agreement or any right or remedy hereunder must be affirmatively and expressly made in writing and will not be implied from inaction, course of dealing or otherwise.
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Section 43. Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which will be an original and all of which will constitute but one and the same instrument.

Section 44. Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement.

Section 45. Applicable Law. This Agreement will be governed by and construed in accordance with the laws of the State.

Section 46. Electronic Transactions. The parties agree that the transaction described herein may be conducted and related documents may be stored by electronic means. Copies, telecopies, facsimiles, electronic files and other reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law.

Section 47. Role of Lessor. Lessor is acting solely for its own loan account and not as a fiduciary for Lessee or in the capacity of broker, dealer, placement agent, municipal securities underwriter, municipal advisor or fiduciary. Lessor has not provided, and will not provide, financial, legal (including securities law), tax, accounting or other advice to or on behalf of Lessee (including to any financial advisor or any placement agent engaged by Lessee) with respect to the structuring, issuance, sale or delivery of this Agreement. Lessor has no fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to Lessee with respect to the transactions relating to the structuring, issuance, sale or delivery of this Agreement and the discussions, undertakings and procedures leading thereto.

Each of Lessee, its financial advisor and its placement agent has sought and shall seek and obtain financial, legal (including securities law), tax, accounting and other advice (including as it relates to structure, timing, terms and similar matters and compliance with legal requirements applicable to such parties) with respect to this Agreement from its own financial, legal, tax and other advisors (and not from the undersigned or its affiliates) to the extent that Lessee, its financial advisor or its placement agent desires, should or needs to obtain such advice. The undersigned expresses no view regarding the legal sufficiency of its representations for purposes of compliance with any legal requirements applicable to any other party, including but not limited to Lessee's financial advisor or placement agent, or the correctness of any legal interpretation made by counsel to any other party, including but not limited to counsel to Lessee's financial advisor or placement agent, with respect to any such matters. The transactions between Lessee and Lessor are arm's length, commercial transactions in which Lessor is acting and has acted solely as a principal and for its own interest and Lessor has not made recommendations to Lessee with respect to the transactions relating to this Agreement.

Section 48. Lessee's Notice Filings Related to this Agreement for SEC Rule 15c2-12. In connection with Lessee's compliance with any continuing disclosure undertakings (each, a "Continuing Disclosure Agreement") entered into by Lessee on and after February 27, 2019, pursuant to SEC Rule 15c2-12 promulgated pursuant to the Securities and Exchange Act of 1934, as amended (the "Rule"), Lessor acknowledges that Lessee may be required to file with the Municipal Securities Rulemaking Board's Electronic Municipal Market Access system, or its successor ("EMMA"), notice that Lessee has incurred obligations under this Agreement and notice of certain subsequent events reflecting financial difficulties in connection with this Agreement. Lessee agrees that it shall not file or submit, or permit to be filed or submitted, with EMMA any documentation that includes the following unredacted sensitive or confidential information about Lessor or its affiliates: address and account information of Lessor or its affiliate, e-mail addresses, telephone numbers, fax numbers, names and signatures of officers, employees and signatories of Lessor or its affiliates, or any account information for any related escrow agreement, unless otherwise required for compliance with the Rule or otherwise required by law. Lessee acknowledges that Lessor is not responsible for Lessee's compliance or noncompliance with the Rule or any Continuing Disclosure Agreement.
[Signature page follows.]
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IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed in their corporate names by their duly authorized officers as of the date first above written.

CAPITAL ONE PUBLIC FUNDING, LLC
By:

Name: Catherine DeLuca
Title: Vice President
Address: 1307 Walt Whitman Road, 3rd Fl.

Melville, NY 11747

CITY OF EL CERRITO, CALIFORNIA
By:

Name: Karen Pinkos
Title: City Manager
Address: 10890 San Pablo Avenue
El Cerrito, CA 94530

CERTIFICATION
I, the undersigned, do hereby certify (i) that the officer of Lessee who executed the foregoing Agreement on behalf of Lessee and whose genuine signature appears thereon, is the duly qualified and acting officer of Lessee as stated beneath his or her signature and has been authorized to execute the foregoing Agreement on behalf of Lessee, and (ii) that the fiscal year of Lessee is from July 1 to June 30.

DATED: May 24, 2022.

By: ___________ _.

Name: Holly M. Charlety, MMC
Title: City Clerk
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EXHIBIT A TO EQUIPMENT LEASE PuRCHASE AGREEMENT

EQUIPMENT SCHEDULE
Equipment Description:

The Equipment consists of one (1) 2022 Hi-Tech Spartan Gladiator EMFD, 1,500 GPM Type 1 fire pumper for use by Lessee's fire department, together with any and all substitutions, replacements or exchanges therefor, and any and all insurance and/ or proceeds thereof.

Equipment Location:

The Equipment will be primarily located at the following location:

Station 71
10900 San Pablo Avenue
El Cerrito, California 94503
Vendor:

The Vendor is Hi-Tech Emergency Vehicle Service, Inc., 44 W. Greger St., Oakdale, CA 95361.

This Equipment Schedule shall be deemed to be supplemented and amended by the descriptions of the Equipment included in the Certificate of Acceptance and Payment Requests submitted to Lessor for approval pursuant to the Escrow Agreement dated as of May 24, 2022, among Lessor, Lessee and BOKF, N.A., as escrow agent, which descriptions shall be deemed to be incorporated herein.

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EXHIBIT B To EQUIPMENT LEASE PuRCHASE AGREEMENT

PAYMENT SCHEDULE
Principal Amount: $1,145,241.25
Interest Rate: 3.339%
Rental Payments will be made in accordance with Section 9 and this Payment Schedule.

Rental Total Interest Principal Purchase
Payment Date Rental Payment Portion Portion Price *
5/24/2023 $ 136,590.20 $ 38,239.61 $ 98,350.59 $1,067,828.47 5/24/2024 136,590.20 34,955.68 101,634.52 964,161.26
5/24/2025 136,590.20 31,562 .10 105,028.10 857,032.60
5/24/2026 136,590.20 28,055.21 108,534.99 746,326.91
5/24/2027 136,590.20 24,431.23 112,158.97 631,924.76
5/24/2028 136,590.20 20,686.24 115,903.96 513,702.72
5/24/2029 136,590.20 16,816.21 119,773.99 391,533.25
5/24/2030 136,590.20 12,816.96 123,773.24 265,284.55
5/24/2031 136,590.20 8,684.17 127,906.03 134,820.40
5/24/2032 136,590.20 4,413.34 132,176.86 0.00
Totals $l,365,9Q2,QQ $22Q,66Q. 75 $1,115,241.25

CITY OF EL CERRITO, CALIFORNIA
By: ---------------"'
Name: Karen Pinkos
Title: City Manager
* Lessee's option to purchase is subject to provisions of Section 31 of the Agreement.

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LESSOR:

CAPITAL ONE PUBLIC FUNDING, LLC
1307 Walt Whitman Road, 3rd Floor
Melville, NY 11747
LESSEE:

CITY OF EL CERRITO, CALIFORNIA
10890 San Pablo Avenue
El Cerrito, CA 94530

ESCROW AGREEMENT
ESCROW AGENT:

BOKF, N.A.
200 N. Broadway, Suite 1710
St. Louis, MO 63102
Attention: Corporate Trust Department
THIS ESCROW AGREEMENT (this "Escrow Agreement') dated May 24, 2022 is entered into by and among Capital One Public Funding, LLC ("Lessor"), the City of El Cerrito, California ("Lessee"), and BOKF, N.A. (the "Escrow Agent").

Lessor and Lessee have heretofore entered into that certain Equipment Lease Purchase Agreement dated May 24, 2022 (the "Agreement"). The Agreement contemplates that certain Equipment described therein (the "Equipment") is to be acquired from the vendor(s) or manufacturer(s) thereof.

After acceptance of the Equipment by Lessee, the Equipment is to be leased by Lessor to Lessee pursuant to the terms of the Agreement.

The Agreement contemplates that Lessor will deposit with the Escrow Agent cash in the amount of $1,145,241.25, to be held in escrow by the Escrow Agent and applied on the express terms and conditions set forth herein. Such deposit, together with all interest and additions received with respect thereto (hereinafter, the "Escrow Fund"), is to be applied from time to time to pay certain costs of acquiring the Equipment (a portion of which may, if required, be paid prior to final acceptance of the Equipment by Lessee and, if requested by Lessee, to pay certain costs of entering into the Agreement).

The parties desire to set forth the terms on which the escrow is to be created and to establish the rights and responsibilities of the parties hereto.

NOW, THEREFORE, the parties agree as follows:

1. The Escrow Agent hereby agrees to serve as escrow agent upon the terms and conditions set forth herein. The Escrow Agent agrees that the Escrow Fund shall be held irrevocably in trust for the account and benefit of Lessee and Lessor and all interest earned with respect to the Escrow Fund shall accrue to the benefit of Lessee and shall be applied as expressly set forth herein.

To the limited extent required to perfect the security interest granted by Lessee to Lessor in the cash and negotiable instruments from time to time comprising the Escrow Fund, Lessor hereby appoints the Escrow Agent as its security agent, and the Escrow Agent hereby accepts the appointment as security agent, and agrees to hold physical possession of such cash and negotiable instruments on behalf of Lessor.

2. On such day as determined to the mutual satisfaction of the parties (the "Commencement Date"), Lessor shall deposit with the Escrow Agent cash in the amount of $1,145,241.25 to be held by the Escrow Agent on the express terms and conditions set forth herein. The Escrow Agent agrees to accept the deposit of the Escrow Fund by Lessor, and further agrees to hold the amount so deposited together with all interest and other additions received with respect thereto in escrow on the express terms and conditions set forth herein.

3. The Escrow Agent shall at all times segregate the Escrow Fund into an account maintained for that express purpose, which shall be clearly identified on the books and records of the Escrow Agent as being held in its capacity as Escrow Agent. Securities and other negotiable instruments comprising the Escrow Fund from time to time shall be held or registered in the name of the Escrow Agent (or its Agenda Item No. 5.A.

Attachment 2
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nominee). The Escrow Fund shall not, to the extent permitted by applicable law, be subject to levy or attachment or lien by or for the benefit of any creditor of any of the parties hereto (except with respect to the security interest therein held by Lessor).

4. Lessee hereby directs the Escrow Agent to invest the cash comprising the Escrow Fund from time to time in Qualified Investments (as hereinafter defined). Interest or other amounts earned and received by the Escrow Agent with respect to the Escrow Fund shall be deposited in and comprise a part of the Escrow Fund. No investment shall be made that would cause the Agreement to be deemed to be an arbitrage bond within the meaning of Section 148(a) of the Internal Revenue Code of 1986, as amended. For the purpose of this paragraph 4, the term "Qualified Investments" means the Federated Treasury Obligation Fund (TOTXX) or, in the event such fund is not at the time available, such other investments as Lessee may specify in writing, to the extent the same are at the time legal for investment of the funds being invested.

5. Lessor and Lessee hereby authorize the Escrow Agent to take the following actions with respect to the Escrow Fund:
a. From time to time, the Escrow Agent shall pay the vendor or manufacturer of the Equipment or Lessee or other payee upon receipt of the following: (i) a written request from Lessee (a "Certificate of Acceptance and Payment Request" in the form attached as Exhibit A to this Escrow Agreement duly executed by an Authorized Lessee Representative and approved for payment by Lessor by an Authorized Lessor Representative, (ii) the vendor(s) or manufacturer(s) invoice(s) specifying the acquisition price of the Equipment described in the Certificate of Acceptance and Payment Request, (iii) in the event that certain costs of entering into the Agreement are described in the Certificate of Acceptance and Payment Request, invoice(s) or other evidence specifying the amount(s) of such costs, and (iv) any additional documentation required by Lessor. The Escrow Agent has no duty to ascertain the correctness of any documents submitted in connection with any direction to disburse funds. An "Authorized Lessee Representative" shall be a person designated in the Incumbency Certificate attached hereto as Exhibit B, or on a subsequent Incumbency Certificate of Lessee received and acknowledged by Lessor and the Escrow Agent. An "Authorized Lessor Representative" shall be a person designated in the Certificate of Authorized Lessor Representatives" attached hereto as Exhibit C. Without limiting the foregoing, Lessor shall not be required to approve any such payment unless and until Lessee shall have provided or caused to be provided to Lessor (i} certificates of origin for titled vehicles in accordance with Section 19 of the Agreement and satisfactory to Lessor and (ii} certificates of insurance evidencing coverage in accordance with Section 22 of the Agreement and satisfactory to Lessor. b. Upon receipt of a Certificate of Acceptance and Payment Request for payment of funds from the Escrow Fund, Lessor and the Escrow Agent may, but are not required to seek confirmation of such instructions by telephone call-back to any Authorized Lessee Representative designated on Exhibit B hereto, and Lessor and the Escrow Agent may rely upon the confirmations of anyone purporting to be such Authorized Lessee Representative. Notwithstanding the foregoing, Lessee agrees that neither the Escrow Agent nor Lessor shall have a duty to seek such confirmation, and shall have no liability for disbursement in accordance with the instructions contained in any Certificate of Acceptance and Payment Request submitted with signature of an Authorized Lessee Representative. The Escrow Agent shall confirm any Certificate of Acceptance and Payment Request by telephone call-back to the person or persons designated for verifying such draw requests on Exhibit C (such person verifying the request shall be different than the person initiating the request). Lessor and Lessee hereby confirm that any call-back performed by the Escrow Agent to verify a disbursement instruction pursuant to a Certificate of Acceptance and Payment Request submitted pursuant to this Section before release shall be made to Lessor only and the Escrow Agent shall have no obligation to call-back Lessee. The persons and telephone numbers for call-backs may be changed only in writing actually received and acknowledged by Lessor and the Escrow Agent. The parties to this Escrow Agreement acknowledge that such security procedure is commercially reasonable.
c. It is understood that Lessor, the Escrow Agent and the beneficiary's bank in any funds transfer may rely solely upon any account numbers or similar identifying number provided by any party hereto to identify (i) the beneficiary, (ii) the beneficiary's bank, or (iii) an intermediary bank. -2-
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d. In the event that Lessor provides to the Escrow Agent written notice of the occurrence of an Event of Default or a nonappropriation by Lessee under the Agreement, the Escrow Agent shall thereupon promptly remit to Lessor the entire balance of the Escrow Fund. e. Upon receipt by the Escrow Agent of a duly executed Certificate of Acceptance and Payment Request identified as the final such request, the remaining monies in the Escrow Fund shall, first be applied to all reasonable fees and expenses incurred by the Escrow Agent, if applicable, in connection herewith as evidenced by its statement forwarded to Lessor and Lessee; and, second be paid to Lessor, for application against the outstanding principal components of Rental Payments (as defined in the Agreement), including prepayment of Rental Payments under the Agreement, as provided therein, unless Lessor directs that payment of such amount be made in such other manner directed by Lessor that, in the opinion of nationally recognized counsel in the area of tax-exempt municipal obligations satisfactory to Lessor, will not adversely affect the exclusion of the interest components of Rental Payments from gross income for federal income tax purposes. If any such amount is used to prepay principal, the Payment Schedule attached to the Agreement will be revised accordingly as specified by Lessor.

6. The reasonable fees and expenses of the Escrow Agent incurred in connection herewith shall be the responsibility of Lessor and are herein defined as the sum of $1,200, for escrow services as described herein; plus any extraordinary expenses incurred by the Escrow Agent at the request of Lessor or Lessee.

7. The Escrow Agent shall have no liability for acting upon any written instruction presented by Lessee and Lessor in connection with this Escrow Agreement which the Escrow Agent in good faith believes to be genuine. Furthermore, the Escrow Agent shall not be liable for any act or omission in connection with this Escrow Agreement except for its own gross negligence, willful misconduct or bad faith. The Escrow Agent shall not be liable for any loss or diminution in value of the Escrow Fund as a result of the investment decisions made pursuant to Section 4, Qualified Investments at the direction of Lessee.

8. To the extent authorized by law, Lessee hereby agrees to indemnify and save the Escrow Agent harmless against any liabilities which it may incur in the exercise and performance of its powers and duties hereunder and which are not due to the Escrow Agent's gross negligence or willful misconduct.

No indemnification will be made under this Section or elsewhere in this Escrow Agreement for damages arising solely out of gross negligence, willful misconduct or bad faith by the Escrow Agent, its officers, agents, employees, successors or assigns.

9. The Escrow Agent may at any time resign by giving at least 30 days' prior written notice to Lessee and Lessor, but such resignation shall not take effect until the appointment of the successor Escrow Agent. The substitution of another bank or trust company to act as Escrow Agent under this Escrow Agreement may occur by written agreement of Lessor and Lessee. In addition, the Escrow Agent may be removed at any time, with or without cause, by instrument in writing executed by Lessor and Lessee. Such notice shall set forth the effective date of the removal. In the event of any resignation or removal of the Escrow Agent, a successor Escrow Agent shall be appointed by an instrument in writing executed by Lessor and Lessee. Such successor Escrow Agent shall indicate its acceptance of such appointment by an instrument in writing delivered to Lessor, Lessee and the predecessor Escrow Agent.

Upon the effective date of resignation or removal, the Escrow Agent will transfer the Escrow Fund then held by it to the successor Escrow Agent selected by Lessor and Lessee.

10. This Escrow Agreement and the Escrow Fund established hereunder shall terminate upon receipt by the Escrow Agent of the written notice from Lessor specified in Section 5(d) or Section 5(e) hereof.

11. All notices hereunder shall be in writing, sent by certified mail, return receipt requested, or by mutually recognized overnight carrier addressed to the other party at its respective address shown on -3-
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page 1 of this Escrow Agreement or at such other address as such party shall from time to time designate in writing to the other parties; and shall be effective on the date or receipt.

12. This Escrow Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns. No rights or obligations of the Escrow Agent under this Escrow Agreement may be assigned without the prior written consent of Lessor and Lessee. Lessor may at any time assign it rights, duties and obligations hereunder to an assignee who shall thereafter become the Lessor under this Escrow Agreement.

13. This Escrow Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, and no waiver, consent, modification or change of terms hereof shall bind any party unless in writing signed by all parties.

14. The Escrow Agent may employ agents, attorneys and accountants in connection with its duties hereunder and shall not be liable for any action taken or omitted in good faith in accordance with the advice of counsel, accountants or other skilled persons.

15. This Escrow Agreement shall be governed by and be construed and interpreted in accordance with the internal laws of the State of California.

16. This Escrow Agreement may be executed in several counterparts, and each counterpart so executed will be an original. In addition, the parties agree that the transaction described herein may be conducted and related documents may be received, sent or stored by electronic means. Copies, telecopies, facsimiles, electronic files and other reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law.

17. The parties acknowledge that in order to help the United States government fight the funding of terrorism and money laundering activities, pursuant to Federal regulations that became effective on October 1, 2003 (Section 326 of the USA PATRIOT Act) all financial institutions are required to obtain, verify, record and update information that identifies each person establishing a relationship or opening an account. The parties to this Escrow Agreement agree that they will provide to the Escrow Agent such information as it may request, from time to time, in order for the Escrow Agent to satisfy the requirements of the USA PATRIOT Act, including but not limited to the name, address, tax identification number and other information that will allow it to identify the individual or entity who is establishing the relationship or opening the account and may also ask for formation documents such as articles of incorporation or other identifying documents to be provided. [Signature page follows.]
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IN WITNESS WHEREOF, the parties hereto have caused this Escrow Agreement to be duly executed as of the day and year first above set forth.

LESSOR:

LESSEE:

ESCROW AGENT:

CAPITAL ONE PUBLIC FUNDING, LLC
By:---- ------- ------ Name: Catherine DeLuca
Title: Vice President

CITY OF EL CERRITO, CALIFORNIA
By:----------------- Name: Karen Pinkos
Title: City Manager
BOKF, N.A.

By:-----------------
Name: Victor Zarrilli
Title: Senior Vice President
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EXHIBIT A

CERTIFICATE OF ACCEPTANCE AND PAYMENT REQUEST
BOKF, N.A. (the "Escrow Agent"), as escrow agent under that certain Escrow Agreement dated May 24, 2022 (the "Escrow Agreement"), by and among the City of El Cerrito, California ("Lessee"), Capital One Public Funding, LLC ("Lessor") and the Escrow Agent, is hereby requested to pay from the Escrow Fund established and maintained thereunder, the amount set forth below to the named payee(s). The amount shown is due and payable under a purchase order or contract (or has been paid by and not previously reimbursed to Lessee). The equipment and costs described below are (i) part or all of the Equipment listed in the Equipment Schedule to that certain Equipment Lease Purchase Agreement dated May 24, 2022 (the "Agreement"), between Lessor and Lessee, or (ii) costs incurred in entering into the Agreement:

QUANTITY

DESCRIPTION OF

EQUIPMENT OR
FINANCING COST AMOUNT PAYEE*
Lessee hereby certifies and represents to and agrees with Lessor as follows with respect to the Equipment described above: (i) the Equipment described above has been delivered and installed at the location(s) set forth in the Equipment Schedule; (ii) a present need exists for such Equipment which need is not temporary or expected to diminish in the near future; (iii) such Equipment is essential to and will be used by Lessee only for the purpose of performing one or more governmental functions of Lessee consistent with the permissible scope of Lessee's authority; (iv) the estimated useful life of such Equipment based upon the manufacturer's representations and Lessee's projected needs is not less than the term of lease with respect to such Equipment; (v) Lessee has conducted such inspection and/or testing of such Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts such Equipment for all purposes as of the date of this Certificate; (vi) such Equipment is covered by insurance in the types and amounts required by the Agreement; (vii) no Event of Default or nonappropriation, as such terms are defined in the Agreement, and no event which with the giving of notice or lapse of time or both, would become an Event of Default or nonappropriation, has occurred and is continuing on the date hereof; and (viii) sufficient funds have been appropriated by Lessee for the payment of all rental payments due under the Agreement during Lessee's current fiscal year.

Based on the foregoing, Lessor is hereby authorized and directed to fund the acquisition of the Equipment set forth in the Agreement by paying, or causing to be paid, the manufacturer(s)/vendor(s), Lessee or other payee(s) the amounts set forth on the attached invoices from the Escrow Fund held under the Escrow Agreement in accordance with its terms.

The following documents are attached hereto and made a part hereof: {a) Original Invoice(s); and/or (b) Copies of Certificate(s) of Origin, when applicable, designating Lessor as lienholder if any part of the Equipment consists of motor vehicles, and evidence of filing.

IF REQUEST IS FOR REIMBURSEMENT, CHECK HERE 0. Lessee paid an invoice prior to the commencement date identified in the Equipment Schedule and is requesting reimbursement for such payment. A copy of evidence of such payment together with a copy of Lessee's Declaration of Official Intent and other evidence that Lessee has satisfied the requirements for reimbursement set forth in Treas. Reg. 1.150-2 is hereby attached.
* If required, a current IRS Form W-9 for the payee is attached or an IRS Form W-9 has been previously submitted to the Escrow Agent.

A-1
Agenda Packet Page 73 of 360
IF REQUEST IS FINAL REQUEST, CHECK HERE 0. Lessee hereby certifies that the items of Equipment described above, together with the items of Equipment described in and accepted by Certificates of Acceptance and Payment Requests previously filed by Lessee with Lessor constitutes all of the Equipment subject to the Equipment Schedule.

Date: _______ , 20_.

Approved for Payment:

CAPITAL ONE PUBLIC FUNDING, LLC,

AS LESSOR
By:--------------
Name: _______________ _
Title: _______________ _
A-2

CITY OF EL CERRITO, CALIFORNIA,

AS LESSEE
By:--------------
Name: _______________ _
Title: _______________ _
Agenda Packet Page 74 of 360

EXHIBIT B

INCUMBENCY CERTIFICATE REGARDING

AUTHORIZED LESSEE REPRESENTATIVES

ESCROW AGREEMENT
DATED AS OF MAY 24, 2022, BY AND AMONG

CAPITAL ONE PUBLIC FUNDING, LLC, AS LESSOR,

THE CITY OF EL CERRITO, CALIFORNIA, AS LESSEE, AND
BOKF, N.A., AS ESCROW AGENT
The undersigned officer of the City of El Cerrito, California {"Lessee") hereby certifies that the persons listed below are each designated as an Authorized Lessee Representative of Lessee for the Escrow Agreement dated May 24, 2022 (the "Escrow Agreement"), among Lessee, Capital One Public Funding, LLC ("Lessor") and BOKF, N.A., as escrow agent (the "Escrow Agent"), including but not limited to initiating and approving transactions under the Escrow Agreement and confirming such approvals through call-backs from Lessor and the Escrow Agent relating thereto, all on behalf of Lessee. Each such person is the current holder of the office or title indicated, and the signature set forth opposite the name of each such authorized representative is the true and correct specimen of such person's signature:

Name/Title/Telephone/Email
Karen Pinkos
Name
City Manager
Title
Telephone#
Email Address
Name/Title/Telephone/Email
Michael Pigoni
Name
Fire Chief
Title
Telephone#
Email Address
Dated: May 24, 2022.

Specimen Signature
Signature
Specimen Signature
Signature

CITY OF EL CERRITO, CALIFORNIA
By:------ --- - --- - - - Title: City Clerk
B- 1
Agenda Packet Page 75 of 360

EXHIBIT C

CAPITAL ONE PUBLIC FUNDING, LLC

AUTHORIZED LESSOR REPRESENTATIVES

FOR ESCROW AGREEMENTS
Name/Title/Telephone/Email
Jonathan A. Lewis
Name
President
Title
631-531-2824
Telephone#
J onathan.lewis@capi talone. com
Email Address
Name/Title/Telephone/Email
Drew Scrivener
Name
Senior Vice President
Title
631-776-3844
Telephone#
[email protected]
Email Address
Name/Title/Telephone/Email
Catherine DeLuca
Name
Vice President
Title
631-531-2802
Telephone#
Catherine. deluca@capi talone. com
Email Address
Name/Title/Telephone/Email
Pauline Stochla
Name
Senior Associate
Title
631-776-3848
Telephone#
Pauline. [email protected]
Email Address
Specimen Signature
Signature
rgj Initiate
D Verify transactions initiated by others
Specimen Signature
Signature
t8:I Initiate
D Verify transactions initiated by others
Specimen Signature
~!tu~
D Initiate
t8:I Verify transactions initiated by others
Specimen Signature
'~ ~ .. "/1 lQ.e ~1,0lJJtU... ~toe, "-
Signature
D Initiate
t8:I Verify transactions initiated by others
The Escrow Agent is authorized to comply with and rely upon any notices, instructions or other communications believed by it to have been sent or given by the person or persons identified above, including without limitation, to initiate and verify funds transfers as indicated.

CAPITAL ONE PUBLIC FUNjlNG, LLC
By:'111~/)?l,,U .cl~
Name: MJlB.Iln Santos
Title: Senior Vice President
C- 1
Agenda Packet Page 76 of 360
2021

ANNUAL REPORT
Agenda Item No. 6.A.

Attachment 1
Agenda Packet Page 77 of 360
Table of Contents
History•1
Mission Statement•2
Board of Trustees•3
Personnel•4
Programs & Services•6
Mosquito and Vector-Borne Disease Surveillance and Research•8 District Operations•18
Mosquito Control Operations•18
Rats & Mice•21
Skunks and Rabies Risk Reduction•22
Yellowjackets •23
Honey Bees•24
Environmental Health•26
Training and Certification•25
Public Affairs•26
Administration•29
Information Technology•29
Financial Statement•30
Agenda Packet Page 78 of 360
CCMVCD 2021 ANNUAL REPORT 1
History
Historical records show Contra Costa County
suffered from large populations of mosquitoes
as early as 1772, when hordes of mosquitoes
welcomed the first Europeans as they explored the
San Francisco Bay Area.

More than 140 years later, in 1915, the California State Legislature passed a bill to provide for the formation, organization, and financing of mosquito abatement districts. In 1926, Contra Costa County citizens partnered with several waterfront industries to form a committee to address the need for mosquito control.

In 1927, the Conta Costa Mosquito Abatement District (CCMAD) began operations to control marsh mosquitoes in north central Contra Costa County. During the next 60 years, individual cities petitioned CCMAD to be included within the District’s jurisdiction. By 1986, CCMAD became a countywide agency. In 1993, Contra Costa County transferred its rat and rabies risk reduction programs to CCMAD. Subsequently, the District changed its name to Contra Costa Mosquito & Vector Control District (District).

In 2021, as the COVID-19 pandemic (pandemic) continued, the District made necessary adjustments to continue to provide the essential services of protecting the people of Contra Costa County from vectors of disease or harm, while reducing the risk of COVID-19 transmission to District employees. District-wide safety procedures evolved as increasing scientific data regarding the pandemic helped to shape new local and statewide directives. And once safe and effective vaccines became available, the District's Board of Trustees approved a policy that all District employees be vaccinated against COVID-19. For 94 years, the District has remained steadfast in protecting public health from vector-borne diseases, and that commitment remains stronger than ever, even during a persistent and ever-changing pandemic.

Vector Control Technician Heidi Budge treats a catch basin to detect the presence of mosquitoes.

Mosquitofish in a barrel Date Unknown
1927-2021 94 Years of Service
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2 CCMVCD 2021 ANNUAL REPORT
Mission Statement
The Contra Costa Mosquito & Vector Control District is a public health agency dedicated to protecting the community from mosquitoes and other vectors of disease.

Principles
Established in 1927, the Contra Costa Mosquito & Vector Control Distrcit is committed to:

Public Health
We use Integrated Vector Management (IVM) as our core approach to reducing risk to the community.

Environmental Stewardship
We use materials and methods that meet or exceed all applicable regulatory requirements.

Science & Technology
We work diligently with the scientific community to ensure that our methods are scientifically sound and to advance the state of the art of our discipline.

Public Education
We educate and help our residents understand the role they play in assisting us in reducing the risk from vectors of disease.

Safety
We are commiteed to the safety of employees and the public through ongoing attention to facilities, equipment and training.

Management Effectiveness
We use management systems, protocols and methods that allow us to fulfill our mission in an efficient, transparent and fiscally responsible manner.

Teamwork & Collaboration
We believe that a productive work environment requires teamwork, active collaboration and clear and open communication within and across all entities to develop the future.

PRINCIPLES
Established in 1927, the Contra Costa Mosquito & Vector Control District is committed to:

PUBLIC HEALTH
We use Integrated Vector Management (IVM)
as our core approach to reducing risk to the
community.

ENVIRONMENTAL STEWARDSHIP
We use materials and methods that meet or
exceed all applicable regulatory requirements.

SCIENCE & TECHNOLOGY
We work diligently with the scientific community
to ensure that our methods are scientifically
sound and to advance the state of the art of
our discipline.

PUBLIC EDUCATION
We educate and help our residents understand
the role they play in assisting us in reducing the
risk from vectors of disease.

SAFETY
We are committed to the safety of employees
and the public through ongoing attention to
facilities, equipment and training.

MANAGEMENT EFFECTIVENESS
We use management systems, protocols and
methods that allow us to fulfill our mission in an
efficient, transparent and fiscally responsible
manner.

TEAMWORK & COLLABORATION
We believe that a productive work environment
requires teamwork, active collaboration and
clear and open communication within and
across all entities to develop the future.

Agenda Packet Page 80 of 360
CCMVCD 2021 ANNUAL REPORT 3
Top Row Left to Right: Peggie Howell, President, Clayton; Peter Pay, Vice President, San Ramon; Daniel Pellegrini, Secretary, Martinez Middle Row Left to Right: James Pinckney, Contra Costa County; Richard Ainsley, Ph.D., Pittsburg: Randall Diamond, Danville; Warren Clayton, Pinole; Michael Krieg, Oakley
Bottom Row Left to Right: Perry Carlston, Concord: James Murray, Walnut Creek; Kevin Marker, Orinda; Shiva Mishek, Richmond; and Jennifer Hogan, Pleasant Hill
Not pictured: Chris Cowen, Contra Costa County; Jim Fitzsimmons, Lafayette; James Frankenfield, Moraga; Thomas Minter, El Cerrito; Duylinh Nguyen, Hercules; Jon Elam, Brentwood; Darryl Young, Contra Costa County; and Lola Odunlami, Antioch Board Vacancies: San Pablo
Independent Special District Classification
The Contra Costa Mosquito & Vector Control District is classified as an independent special district and is not part of Contra Costa County’s governmental system. Contra Costa County encompasses the District’s physical jurisdiction for mosquito and vector control. Special districts are:
• Formed by local residents to provide local services
• Sanctioned by the State of California Government Codes • Often the most economical means of providing public service • Independent agencies governed by a board of trustees
• Operated as nonprofit organizations
• Responsible directly to the people
• Accountable - Accessible - Efficient
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4 CCMVCD 2021 ANNUAL REPORT
Maria Bagley, Administrative
Services Manager
Steve Schutz, Ph. D., Scientific
Programs Manager
Stacy Stark, Human
Resources and Risk
Manager
Natalie Martini, Administrative Analist II; Areej Al
Bahrani, Administrative Analyst I; and Wayne Shieh, IT
Systems Administrator
Eric Ghilarducci, Vector Ecologist II; Damien Clauson, Vector Ecologist; Chris Miller, Biologist/Fish Program; Marie Cerda, Laboratory Technician
Paula Macedo, D.V.M.,
Ph.D., General Manager
Nola Woods, Public Affairs Director;
Andrew Pierce, Public Information and
Technology Officer
Personnel
Administration
Contra Costa Mosquito & Vector Control District
Scientific Programs
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CCMVCD 2021 ANNUAL REPORT 5
Program Supervisors: David Wexler, Terry Davis,and
Jeremy Shannon
Vector Control Inspectors: Felipe Carrilo, Joe Cleope, Patrick Vicencio, and David Obrochta
Vector Control Inspectors: Tim Mann, Jeremy Tamargo,
Josefa Cabada, and Chris Doll
Vector Control Inspectors: Steve Fisher, Lawrence
Brown, and Danielle Wisniewski
Vector Control Inspector: Brandon French
Vector Control Technicians: Miaja McCauley and
Shaun Redman
Vector Control Technicians: Heidi Budge, Olivia
Zaragoza, and Melvin Mariano
Not pictured: Jason Descans, Vector Control Inspector
District technicians and inspectors are certified through the Vector Control Certification Program of the California Department of Public Health.

Operations
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6 CCMVCD 2021 ANNUAL REPORT
Programs & Services
The District exists to reduce the risk of vector-borne disease or discomfort to the residents of Contra Costa County. The California Health and Safety Code defines a vector as, “any animal capable of transmitting the causative agent of human disease or capable of producing human discomfort or injury, including, but not limited to, mosquitoes, flies, mites, ticks, other arthropods, and rodents and other vertebrates.”
Many vectors are extremely mobile and can cause the
greatest harm and discomfort away from their breeding site.

Each potential vector has a unique life cycle and occupies a specific habitat.

Most District programs and services are funded by tax
dollars and are therefore provided at no additional charge.

Integrated Vector Management
Mosquito and vector control is based on scientifically planned management tactics and control strategies that reduce the abundance of target pests in a timely manner. Integrated vector management (IVM) is a comprehensive program that incorporates several coordinated activities:
• Vector Surveillance — Investigating vector populations, vector habitats, and disease pathogens including trapping and laboratory analysis of vectors to evaluate populations and disease threats, and direct visual inspection of known or suspected vector habitats
• Physical Control — Managing vector habitat, especially through vegetation management, water control and
maintenance or improvement of channels, tide gates, levees, and other water control facilities; the use of all-terrain vehicles, and maintenance of paths; and the use of trapping of vectors that pose a threat to public health and welfare
• Public Education — Encouraging reduction or prevention of vector habitats on private and public property through shared information
• Biological Control — Rearing and stocking “mosquitofish” Gambusia affinis; and possibly using other predators or pathogens of vectors
• Chemical Control — Applying bacterial products and
selective insecticides to reduce populations of larval or adult mosquitoes and other invertebrate threats to public health, and rodenticides to control rats and other rodent threats to public health
Through the District’s IVM program, District employees conduct surveillance and control of the following vectors of disease and discomfort:

Mosquitoes
Contra Costa County is home to 23 different species of
mosquitoes that inhabit diverse ecological regions and utilize a range of water sources. Mosquitoes can transmit the pathogens that cause a variety of diseases including West Nile virus (WNV).

Certain species of mosquitoes found in Contra Costa County can transmit malaria, WNV, St. Louis encephalitis (SLE), Western equine encephalomyelitis (WEE), and potentially other encephalitis viruses.

Another species of mosquito is also capable of transmitting dog heartworm.

In addition to the ability to transmit disease, mosquitoes can cause human discomfort when the female mosquito bites to obtain blood. Physical reactions range from irritation in the area of the bite to severe allergic reactions or secondary infections resulting from scratching the irritated area. An abundance of mosquitoes can also cause economic losses, and loss of use or enjoyment of recreational, agricultural or industrial areas.

The District regularly surveys more than 10,000 acres of marshland along the waterfront, 60,000 acres of irrigated farmland in the eastern portion of the County, and numerous ponds, creeks and residential sources countywide. District employees also inspect residential and commercial properties for mosquito problems and provide recommendations for controlling mosquito populations.

Rats & Mice
Two introduced species of rats—the Norway rat and the roof rat—and the house mouse are present in Contra Costa County and are subjects of District action. In addition to being unsanitary, rats and mice can transmit a variety of organisms that can infect humans.

Rats are hosts to the worm that causes trichinosis in humans. Humans may become infected when they eat poorly cooked meat from a pig that has eaten an infected rat. Rat and mouse urine may contain the bacteria that cause leptospirosis, and their feces may contain salmonella bacteria. Bubonic plague and murine typhus may be transmitted by infected rat fleas. Rat bites may cause bacterial ratbite fever or infection. Gnawing by rats and mice causes damage to woodwork and electrical wiring, resulting in damaged circuits and potential fires. Additionally, an abundance of rats and mice can cause economic losses, loss of use of public recreational areas and loss of the enjoyment of property.

District services for Contra Costa County residents or business owners include rat and mouse identification and advice for prevention and control. District employees provide valuable, detailed information, guidance and recommendations. They may also issue a formal, detailed report, upon request.

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CCMVCD 2021 ANNUAL REPORT 7
about possible Lyme disease infections should contact their physician. Information on Lyme disease testing of ticks may be found by visiting Lyme disease Q & A. Several commercial laboratories will test ticks for the bacteria that causes Lyme disease for a fee. Visit Tick Testing Labs for more information.

Bees (European and Africanized Honey Bees)
All honey bees are beneficial insects that are essential for pollination of many native California crops and plants. If a bee swarm does not present an immediate threat, it is best to leave it alone. Honey bee swarms in Contra Costa County are most likely ordinary European honey bees in pursuit of a permanent home and are docile unless provoked. Both European and Africanized honey bees are non-aggressive in this stage as they are not protecting their honey nor their hive. The swarms typically move away in a day or two.

District services for bees are very limited. The District provides an inspection and education about bees. The District does not respond to bee stinging incidents. District employees treat bee swarms or hives that are a threat to people in public areas such as schools or shopping centers. The District does not treat bee hives that are in or on a structure or on private property.

Because Africanized and European honey bee populations
can interbreed and are physically indistinct, the District cannot conclusively determine whether bees are Africanized or European by visual inspection. If there is reasonable evidence, the District may coordinate with other agencies for genetic testing and identification.

Other Animals of Importance
Although certain animal species such as bats, ground squirrels, coyotes, raccoons, opossums, and fleas are not regularly controlled by the District, these animals play important roles in the transmission of rabies, plague, murine typhus, or Hantavirus, and may be surveyed for diseases. The District may provide education and consultation services to the public about disease risk associated with these vectors and appropriate measures to protect human health.

In extreme cases where the transmission of disease is likely, as with the other District integrated vector management activities, control efforts may be employed. Control of these animals is done in collaboration with the California Department of Public Health, Contra Costa Health Services, Contra Costa County Animal Services, Contra Costa County Department of Agriculture and other local, state and federal agencies.

Skunks
Skunks can be beneficial to the environment because skunks are natural predators of rodents and may consume other garden pests including immature and adult beetles and crickets. Skunks are also one of the primary reservoirs and vectors of rabies in California. Because of extensive residential development near natural areas and their ability to live in close proximity to people, skunks pose a potential health risk.

In an effort to reduce risk of rabies transmission by reducing potential contact/conflicts between humans and skunks, the District works with homeowners to discourage skunks from visiting their property. District employees survey properties, provide guidance and recommendations and may loan live catch skunk traps if a skunk has created a den and is actively living on private property. Typically, an active skunk den may be found under a deck, shed, house or wood pile.

Yellowjackets
Yellowjackets are beneficial insects that eat garden pests and provide incidental pollination of crops through their daily foraging activities; however, ground-nesting yellowjackets can bite, have a painful sting, can fly moderate distances, are sometimes attracted to sweets and meats, and can be found throughout Contra Costa County. A single nest can lead to loss of use of public recreational areas, and loss of the enjoyment of property.

More significantly, yellowjacket stings can result in anaphylactic shock and rapid death for the approximately 0.5 percent of the public with severe allergies.

The District provides control of ground-nesting yellowjackets only. Ground-nesting yellowjackets typically build nests in areas such as abandoned rodent burrows, the hollow areas near the root systems of shrubs, under railroad ties or under wood piles.

Residents must locate and mark the nest before contacting the District for service. The District does not provide service for other species of yellowjackets, nor those that make their nests in structures.

Ticks
Of the four species of ticks that commonly bite people in Contra Costa County, only the Western black-legged tick (Ixodes pacificus) is known to transmit Lyme disease.

The District provides tick identification services to the public and medical personnel and educates the public on tick bite prevention and tick removal. People who are concerned
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8 CCMVCD 2021 ANNUAL REPORT
The District’s laboratory staff conducts a comprehensive surveillance program for mosquitoes and the pathogens
they can transmit, including West Nile virus (WNV), Western equine encephalomyelitis (WEE) and Saint Louis encephalitis (SLE) as part of California’s statewide surveillance effort. The District also collaborates with the California Department of Public Health, the University of California and other state and federal agencies on studies intended to detect or predict new mosquito-borne diseases which might be introduced to Contra Costa County in the future. A virus native to Africa which first appeared in the US in 1999, WNV has been the most prominent mosquito-borne virus here in California since its arrival in 2003, with approximately 7,400 reported symptomatic cases and 360 deaths (the actual number of cases is probably much higher since only patients with the most severe form of the illness tend to be tested and diagnosed). Serious outbreaks of WEE and SLE occurred in California as recently as the 1950s and 1960s. Three human cases of SLE were reported in California in 2021 in Marin, Stanislaus, and Fresno Counties. The District last detected WEE activity in 1997, when two chickens at the District’s flock in the Martinez waterfront area tested positive for antibodies.

Occasional travel-related human cases of Zika, dengue and chikungunya viruses have been reported in Contra Costa
County, but so far the District has not found evidence of local transmission of these diseases or of the mosquito species known to be capable of transmitting them.

The San Francisco Bay Area has also had a history of severe malaria outbreaks in the early part of the 20th century.

Pioneering mosquito control efforts by Stanley Freeborn and others led to the eradication of malaria in California; however, international travel still occasionally brings people infected with malaria to our area, and Anopheles mosquitoes capable of transmitting the disease to others still occur here. The District works with the Contra Costa Department of Public Health to investigate and treat (if necessary) Anopheles mosquito breeding sites within the vicinity of reported human cases in order to prevent local disease transmission.

The District’s Entomology Laboratory collects and analyzes the following types of information to help guide and plan effective and environmentally sound control of vectors and vectorborne diseases in Contra Costa County:
• Mosquito population surveillance
• Encephalitis virus surveillance
• Surveillance for other vector-borne diseases
• Identification of ticks and other biting arthropods
• Quality control and resistance monitoring for pesticide applications
• Research and special projects
Mosquito and Vector-Borne Disease Surveillance and
Research
Mosquito Population Surveillance
Mosquito surveillance is a key component of the District’s IVM program. 23 different species of mosquitoes are found in Contra Costa County, and each one is different in terms of its habitat, biting habits, ability to transmit disease, flight range and appropriate control methods. The District’s surveillance program monitors larval and adult mosquito populations countywide to track changes over time and identify potential risk areas for nuisance or disease issues. This information is used by the District’s operations program employees to plan and carry out efficient, effective and environmentally sound mosquito control strategies.

Larval Mosquito Surveillance
District personnel collect samples of mosquito larvae in the field daily and return them to the District’s Laboratory for counting and identification. Treatment decisions can then be made, based upon species and density information in addition to other factors including habitat type, proximity to populated areas, and presence or absence of natural predators. The data are stored in a database which enables the District’s laboratory staff to make comparisons with historical averages and to map larval populations by species. In 2021, laboratory staff counted and identified 16,079 mosquito larvae.

Scientific Programs Manager Steve Schutz, Ph.D. examines mosquitoes recently collected in traps from locations in Contra Costa County.

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CCMVCD 2021 ANNUAL REPORT 9
Adult Mosquito Surveillance
The District utilizes two types of traps to monitor adult mosquito populations throughout the District’s service area—New Jersey light traps and Carbon dioxide (CO₂) traps—at representative locations throughout Contra Costa County.

New Jersey light traps use light from a 2-watt LED bulb to attract night-flying mosquito species. The traps have light sensors which automatically turn them on at dusk and off at dawn and are operated year-round at 23 locations, some of which have been in use for 20 years or more. District employees pick up samples once a week and return them to the District laboratory for counting and species identification. Each week, current trap counts are compared to historical averages for different regions of the County to identify population trends that might require additional examination.

CO₂ traps are portable, battery-powered, and use dry ice to produce carbon dioxide gas, which is a powerful attractant for mosquitoes. In addition to the dry ice, there is also a small LED light to attract mosquitoes. District employees set the traps once per week and leave them overnight at 23 ‘fixed’ locations

LARVAL SAMPLES BY SPECIES

SPECIES COUNT
Culiseta incidens 6,328
Culex pipiens 3,351
Culex tarsalis 3,023
Aedes dorsalis 1,020
Culiseta inornata 575
Aedes nigromaculis 475
Aedes washinoi 412
Aedes melanimon 309
Aedes squamiger 132
Aedes vexans 130
Aedes sierrensis 80
Culex erythrothorax 80
Culex stigmatosoma 76
Culiseta particeps 67
Culex apicalis 16
Anopheles punctipennis 4
Anopheles franciscanus 1
TOTAL 16,079
Mosquito larvae identified in 2021
by species
Locations of mosquito larval samples collected by the District in 2021 A New Jersey light trap hangs ready to trap
adult mosquitoes. A 2-watt LED bulb attracts
night-flying mosquitoes.
throughout the County and as many as 10-20 variable locations that are chosen based on other surveillance information (dead bird reports, mosquito complaints, field observations by District personnel, etc.). These traps collect both day and night-flying mosquitoes. District employees retrieve the traps and return them to the District lab while the mosquitoes are still alive so that lab employees can test them for WNV and other viruses.

Counts can also be compared with regional averages to track population changes and target control activities.

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10 CCMVCD 2021 ANNUAL REPORT
Adullt Mosquito Abundance Trends
Although the District is able to monitor abundance of most of the mosquito species present in Contra Costa County, two species—the Western Encephalitis Mosquito, Culex tarsalis, and the Northern house Mosquito, Culex pipiens—are considered the most significant since they are the primary vectors of WNV and other encephalitis viruses such as SLE. Both species are widespread and abundant throughout the county. Culex tarsalis prefers clear water, and used to be more common in rural agricultural areas; however, in recent years it has become the most abundant species in abandoned or unmaintained swimming
pools in residential neighborhoods. This mosquito may fly five miles or more from its larval habitat and so a single ‘bad’ pool can affect a large area. Culex pipiens prefers water containing high concentrations of organic material and is most common in sewer plants, dairy farm ponds and underground storm drains.

This mosquito usually does not travel more than a few blocks from its larval ‘source’, but may be extremely widespread in residential neighborhoods during the summer due to over watering of lawns and other urban water runoff that keeps the storm drains constantly wet.

Rainfall was well below the ten-year average during 2021, and daily temperatures were mostly average or below average during the summer months. Countywide populations of Culex pipiens were above average for most of the season, while Culex tarsalis counts trended below average early and midseason but were well above average towards the end due to limited access to some larval sources in waterfront industrial areas.

A total of nearly 44,000 adult mosquitoes were collected and identified in the District’s random and fixed-location traps in 2021.

Adult mosquitoes collected in all fixed and
random traps by species, 2021
Vector Ecologist II Eric Ghilarducci examines mosquitoes collected from locations around Contra Costa County.

ADULT SAMPLES BY SPECIES

SPECIES COUNT
Culex tarsalis 22,549
Aedes dorsalis 12,465
Culex pipiens 3,583
Aedes melanimon 1,172
Aedes vexans 1,005
Culex erythrothorax 853
Aedes nigromaculis 835
Culiseta incidens 575
Culiseta inornata 556
Anopheles franciscanus 150
Anopheles freeborni 62
Culiseta particeps 17
Anopheles punctipennis 17
Culex stigmatosoma 15
Aedes sierrensis 12
Aedes washinoi 8
Anopheles occidentalis 3
Aedes squamiger 2
TOTAL 43,879
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CCMVCD 2021 ANNUAL REPORT 11
ADULT MOSQUITO SPECIES COLLECTED IN CO2 TRAPS IN 2021
Fixed and random traps set throughout Contra Costa County capture mosquitoes for surveillance and control applications. Culex tarsalis and Culex pipiens are primary vectors of West Nile virus and other diseases. In this figure, the size of the circles is proportional to how many mosquitoes were collected.

ADULT MOSQUITOES

SPECIES COLLECTED IN
LIGHT TRAPS IN 2021
A 2-watt LED light
attracts mosquitoes to
the traps. Mosquitoes
are then counted and
identified to species
to determine relative
abundance and
the risk of disease or
nuisance to people. In
this figure, the size of the
circles is proportional to
how many mosquitoes
were collected.

Aedes dorsalis
Aedes melanimon
Aedes nigromaculis
Aedes sierrensis
Aedes squamiger
Aedes vexans
Anopheles franciscanus
Anopheles freeborni
Anopheles occidentalis
Anopheles punctipennis
Culex erythrothorax
Culex pipiens
Culex stigmatosoma
Culex tarsalis
Culiseta incidens
Culiseta inornata
Culiseta particeps

SPECIES
Aedes dorsalis
Aedes melanimon
Aedes nigromaculis
Aedes sierrensis
Aedes washinoi
Anopheles franciscanus
Anopheles punctipennis
Culex erythrothorax
Culex pipiens
Culex tarsalis
Culiseta incidens
Culiseta inornata
Culiseta particeps

SPECIES
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12 CCMVCD 2021 ANNUAL REPORT
Abundance of Vector Mosquito Species in Contra Costa County in 2021 AVG 2016-2020 2021
0 20
40 60
80 100
120
140
04/10/2105/10/2106/10/2107/10/2108/10/2109/10/2110/10/2110/31/21 Culex tarsalis
Adult mosquito trap collections vs. 5 year average, 2021 0 2
4 6
8 10
12 14
16 18
04/04/2005/04/2006/03/2007/03/2008/02/2009/01/2010/01/2010/31/20 Culex pipiens
AVG 2015-2019 2020
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CCMVCD 2021 ANNUAL REPORT 13
Mosquito-borne Virus Surveillance
Mosquitoes collected in fixed location and random location CO2 traps are tested for mosquito-borne viruses in batches, or ‘pools’ of between 10 and 50 individuals of a particular species.

Samples are sent to the Davis Arbovirus Research Team (DART) laboratory at the University of California, Davis where they are tested for WNV, WEE, and SLE. This testing enables the District to determine areas of the County at risk for disease transmission and target our field employees and resources efficiently.

In 2021, 396 samples (14,415 mosquitoes) were tested and 8 samples were positive for WNV (7 Culex tarsalis and 1 Culex pipiens), between June 29th and September 20th. Virus detections were concentrated in East County, with four in Brentwood, 2 in Discovery Bay, and one each in Byron and Oakley. West Nile detections were below the 5-year average both regionally and statewide.

Dead Birds
The dead bird surveillance program represents a very successful collaboration between the California Department of Public Health, the District and the residents of Contra Costa County.

Members of the public report dead birds to the statewide WNV Call Center by phone (1-877-WNV-BIRD) or online at http://westnile.ca.gov. Call Center operators screen the calls to determine whether the birds are suitable candidates for testing; if so, they are referred to the District to be collected. Although not all birds are candidates for testing, all reports are important since they are mapped and used to identify potential risk areas and to target additional surveillance (mosquito trapping and larval source inspections, for example).

Testing in 2021 was restricted to corvid (crow family) birds only (crows, ravens, jays, magpies). Although the District has occasionally found WNV positive birds of other species, corvids are the most highly susceptible and therefore represent the most sensitive indicators. During 2021, the WNV Call Center received 392 dead bird reports from Contra Costa County residents, which was a decrease from the 488 received in 2020. Of the birds reported in 2021, 37 were collected for testing and 4 tested positive for WNV, two of which were from Brentwood, one was from Martinez and one from San Pablo. Dead bird reports have been declining steadily since the beginning of the program in 2005, apparently due to a decline in public interest (birds still appear to be susceptible to the virus, since infection rates have fluctuated but have not shown a similar steady decline).

District Vector Ecologist II Eric Ghilarducci prepares a trap to capture adult mosquitoes.

Scientific Programs Manager Steve Schutz, Ph.D. prepares a sample for WNV testing.

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14 CCMVCD 2021 ANNUAL REPORT
Sentinel Chickens
Chickens are naturally resistant to some mosquito-borne viruses and do not become ill, nor can they pass the virus back to mosquitoes, but they do develop antibodies
that can be detected in lab tests. This makes them ideal ‘sentinels’ for detection of virus transmission. In 2021 the District started with a total of 24 chickens (six at each of four flock sites) within Contra Costa County. One flock was destroyed by predators early in the season. The
District obtains new young chickens from a commercial
chicken farm each spring to ensure that they have not
been previously infected. District lab personnel collect blood samples twice a month from April through October
and submit the samples to the California Department
of Public Health’s Viral and Rickettsial Disease Lab in Richmond to be tested for antibodies towards WNV, WEE
and SLE viruses.

In 2021, none of the District’s chickens tested positive for antibodies to WNV. Since chickens cannot pass
the virus on to others, they are donated to charitable
organizations for egg production or adopted by owners
of the host properties at the end of each season.

Human and Equine Disease Cases
One locally acquired and two non-locally acquired human cases of WNV were reported in Contra Costa County for 2021.

Due to patient confidentiality regulations, information on specific locations is not available. The vast majority of mild cases go untested and unreported since they may be asymptomatic or mistaken for ‘the flu'.

Statewide, 142 human cases and 13 fatalities were reported in 40 counties in 2021, down from 240 cases and 15 fatalities reported the previous year. The California Department of Public Health reports that there are typically 30 to 70 nonneuroinvasive (West Nile fever) cases, most of which go unreported, for every reported case of neurological disease, so more than 6,000 Californians may have had West Nile
virus infections in 2021, the vast majority of which were never diagnosed or reported.

No equine cases were reported in Contra Costa County by the California Department of Food and Agriculture; 13 positive horses from 8 counties were reported statewide. An effective vaccine for horses has been available for several years and the vast majority of cases involve unvaccinated horses. A human vaccine is not available.

BIRD

MOSQUITO
Positive West Nile Virus Activity in Contra Costa County in 2021 Chickens do not get sick from West Nile virus, but they develop antibodies to the virus. If antibodies are detected, then it's evidence of West Nile visus transmission in the area Agenda Packet Page 92 of 360
CCMVCD 2021 ANNUAL REPORT 15
Invasive Mosquito Species
In addition to the non-native Asian tiger mosquito (Aedes albopictus), which has been established in parts of the Los Angeles basin since at least 2011, vector control districts in the Central Valley and Southern California have continued to report finding populations of the yellow fever mosquito, Aedes aegypti. During 2021, this species continued to expand its range northward, as far as Butte and Shasta counties. Aedes notoscriptus, the Australian backyard mosquito, has also been found in southern California although its range does not appear to be expanding as quickly. All of these species are similar in behavior, in that they are adapted to living around humans and lay their eggs in a wide variety of natural and artificial water containers. They are potential vectors of viruses that transmit human disease, including dengue virus, which has been on the increase worldwide, chikungunya virus, which spread 2007 – 2021 SUMMARY OF ENCEPHALITIS VIRUS SURVEILLANCE
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Mosquito Samples
Samples Tested
Total No. Mosquitoes
West Nile Virus Positive
721
28,290
28 729
23,502
31 814
27,436
17 536
16,820
4 484
14,321
7 468
11,571
19 454
12,730
13 652
17,999
25 622
21,533
8 495
15,612
11 550
16,546
6 709
23,776
17 454
15,451
1 471
14,288
13 396
14,415
8 Chickens
Blood Samples Tested
Total No. Chickens
Seropositive
669
50 5
851
50 15
717
50 13
773
50 4
600
50 0
590
50 7
631
50 8
598

50 15
609
50 18
571
50 5
624
50 7
554
50 16
527
50 2
270
24 7
232
18 0
Dead Birds
Total Reported
Total Tested
West Nile Virus Positive
2,042
158
29 2,227
115
88 1,221
80 45
923
32*
8 1,057
74*
43 1,816
106*
66 1,377
123*
68 1,355
115*
44 912
49*
11 861
76*
33 692
58*
19 711
45*
17 321
23*
1 488
60*
22 392
37 4
*testing restricted to crows/jays only
explosively throughout the Caribbean, Central and South America in 2014, and Zika virus, which spread rapidly in South and Central America in 2015. Travel-related cases of these viruses continue to be reported throughout the United States.

These mosquitoes are known for being difficult to control and for causing significant nuisance issues. So far, attempts to eradicate the new mosquito populations have met with limited success. Cases of chikungunya, dengue and Zika diagnosed in California residents returning from the affected areas raise the concern that the invasive mosquitoes may spread these viruses.

So far, our surveillance program has not detected the presence of these species in Contra Costa County, although they are now at our eastern border.

Aedes aegypti
Aedes albopictus
Fresno
Tulare
Kern
Los Angeles
Orange
San Diego
San Bernardino
Riverside
Imperial
Kings
Stanislaus
San Joaquin
Placer
Sacramento
Shasta
Sutter
Ventura
Yolo
Butte
Santa Barbara
Counties with
Aedes aegypti only:

Butte, Fresno, Imperial, Kern,
Kings, Madera, Merced,
Placer, Riverside, Sacramento,
San Joaquin, Santa Barbara,
Stanislaus, Sutter, Tulare,
Ventura, Yolo
Both Aedes aegypti and
Aedes albopictus:

Los Angeles, Orange,
San Bernardino, San Diego,
Shasta
Aedes aegypti and Aedes albopictus Mosquitoes
in California by County/City
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16 CCMVCD 2021 ANNUAL REPORT
Pesticide Resistance Monitoring
Mosquitoes and other insects always have the potential to develop resistance against the materials we use to control them (similar to antibiotic resistance in bacteria). Since all of the adulticide materials we have used in recent years come from a single related class of chemical compounds (natural pyrethrins and synthetic pyrethroids), which are widely used by homeowners and private pest control operators as well as by mosquito control programs, it is important to determine whether our local mosquito populations are still susceptible or whether we need to consider alternative control agents. In 2019, we tested Culex tarsalis collected from our waterfront area and determined that they are still fully susceptible to etofenprox, the active ingredient we are currently using most frequently.

We maintain a colony of known susceptible Culex tarsalis which can be used as a baseline to compare against ‘wild’ mosquitoes.

Tick and Pest Identification and Information
There are four species of common human-biting ticks in Contra Costa County:
• Western black-legged tick (Ixodes pacificus)
• Pacific Coast tick (Dermacentor occidentalis)
• American dog tick (Dermacentor variabilis)
• Brown dog tick (Rhipicehalus sanguineus)
Lyme disease is a bacterial infection transmitted by the western black-legged tick (also known as the deer tick) and it can cause serious complications if not treated promptly.

District staff continues to identify ticks brought in by members of the public. Identification is important as only one of the four species of ticks that commonly bite people (western black-legged tick) transmits Lyme disease. People who are concerned about the possibility of being infected with Lyme disease should contact their physician.

In 2021, we continued to receive samples by mail and
accepted limited walk-in samples when Covid-19 restrictions permitted. Of the 15 ticks identified by our staff, 3 were western black-legged ticks (Ixodes pacificus), the potential vector of Lyme disease and the remainder were dog ticks (Dermacentor variabilis and D. occidentalis).

As a courtesy to the public, the District's Laboratory staff also identifies samples of biting and stinging pests submitted by the public. In 2021, Laboratory staff responded to more than 35 such requests. Inquiries received via phone or email only (no samples received) are not currently being recorded in the District database.

Tick Service Requests
2021 5 yr
average
2016 2017 2018 2019 2020
Tick Service Requests by Species
Ixodes Dermacentor
5 yr
average
2016 2017 2018 2019 2020 2021
No
vector/pest
found, 9
Ixodes
pacificus,
3 Mite, 2
Flea, 1 Culiseta, 1
Non-vector
insects, 7
Dermacentor
sp.,12
Identifications by Laboratory staff in 2021.

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CCMVCD 2021 ANNUAL REPORT 17
Biological Control and Fisheries Research
Known around the world as mosquitofish, Gambusia affinis are an effective biological control tool, as each surface feeding fish has the ability to eat multiple mosquito larvae, thus preventing them from developing into adult mosquitoes capable of biting and potentially spreading mosquito-borne illness. District employees place mosquitofish in water sources, in accordance with California Department of Fish and Wildlife regulations, to reduce the risk of mosquitoes.

The District's biologist facilitates the fish program. In 2021, District employees distributed 43,735 mosquitofish on
residential properties and other closed sources of water compared to the 34,970 mosquitofish District employees
distributed in 2020.

Mosquitofish Service Request
The District's mosquitofish service provides Contra Costa County residents with the opportunity to receive an inspection of any water features on the property. If a District employee determines mosquitofish are an appropriate solution to
address mosquito issues on the property, the District employee will place the fish. In 2021, the District received 269 requests for mosquitofish service, compared to 332 requests the District received in 2020.

The service remains beneficial in that it enables District employees to confirm that the fish are being appropriately placed. It also provides an additional opportunity to educate residents on other ways to reduce the risk of mosquitoes.

Fisheries Research
While Gambusia affinis is the District's first choice for biological control, the District also conducts research on the potential use of California native fish species in mosquito control and environmental education. In 2021, the District continued several native fish projects, including spawning hardhead, and Sacramento perch.

Fish Stocking 2001-2021
Swimming Pools Other District Stocking
Number of fish
0 20,000
40,000
60,000
80,000
100,000
120,000
140,000
2001
2002
2003
2004
2005
2006
2007
20082009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
20202021
Fish Stocking 2000-2021
Mosquitofish (Gambusia affinis)
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18 CCMVCD 2021 ANNUAL REPORT
District Operations
In 2021, the District implemented significant changes to its operations. Previously, District employees provided service based upon geographic zones based on distinct service
programs. Over the years, this resulted in the District service area broken into roughly a dozen mosquito zones handling mosquito and yellowjacket program services, three rodent zones handling rat and mouse program services, and two skunk zones handling skunk program services. In 2021, the District's operational zones for mosquitoes, yellowjackets, and rats and mice were consolidated into 13 zones with slightly smaller geographic boundaries, and the previous skunk zones carried forward as before. This means a single District employee assigned within a geographic area now responds to resident requests for mosquito, yellowjacket, rats and mice service.

Additionally, the District's Operations program began testing and learning how to use a web-based data management
system at the start of the year. The system was adopted and officially deployed midway through the year. This new system now allows operations personnel to visualize real-time information in geographic formats, create service requests, record data, and more while in the field utilizing mobile devices.

This reduces the need for data entry and processing at the main District facilities, allowing field staff more time to address vector concerns throughout Contra Costa County.

Mosquito Control Operations
District employees work year-round to reduce the risk of mosquito-borne illness across the 716 square miles of Contra Costa County by preventing mosquitoes when possible and controlling mosquitoes when necessary to protect public health for 1.15 million county residents.

While responding to requests for mosquito services in 2021, District employees found many residents at home after making their requests, creating more opportunities to educate residents about how to prevent mosquito issues.

The District employees responded to 423 requests for mosquito service from Contra Costa County residents and performed 6,508 inspections and site visits across all programs. During 1,106 of those inspections and site visits, District employees confirmed mosquito production at the location.

Under the District's previous data management system,
mosquito-related services (mosquito service, neglected
swimming pools, mosquitofish) were all initially categorized as "mosquito service requests." With the implementation of the District's new data management software, the way in which the public requests District services are more precisely categorized and represented. The perceived reduction
in service requests in 2021 is actually a more accurate representation of instances when members of the public
are experiencing mosquitoes on their property and seeking assistance from the District for that specific issue, rather than another mosquito-related service.

Reducing the Risk of Mosquitoes Before Mosquitoes
are Present
Mosquitoes can lay eggs on or near sources of standing
water. Overgrown vegetation in creeks and other areas can stop water from flowing, creating potential mosquito sources.

These areas of abundant plant life can present challenges to District employees while trying to gain access for mosquito control. The District regularly works with landowners and other responsible agencies to address overgrown vegetation and other conditions that are conducive to mosquito
production or inhibit access by District personnel to mosquito sources.

Several species of mosquitoes present in Contra Costa
County lay their eggs on the soil of pastures. These eggs hatch once these pastures are irrigated and, when irrigation water remains for an excessive amount of time allowing
mosquito larvae and pupae to complete their lifecycle, they emerge as adults. The irrigated pasture mosquitoes (Aedes Mosquito Service Requests
0 1000
1200
1400
1600
1800
200
400
600
800
2000
2017 2018 2019 2020 2021
A B
A: 2017-2020 Previous data collection system combined data from mosquito-related services within mosquito service requests.

B: 2021 New data management software separates mosquito program data for more efficient reporting.

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CCMVCD 2021 ANNUAL REPORT 19
pool inspections a priority for mosquito prevention and control.

The District refined and continued to implement our neglected swimming pool program. A District Program Supervisor
became the primary point of contact to communicate and
meet with residents and homeowners. When appropriate,
the Program Supervisor will refer properties to District field personnel for mosquito inspection or control efforts. In 2021, the District received 150 requests for service regarding neglected swimming pools. The Program Supervisor sent letters explaining the District's pool program and expectations for compliance to 134 property owners. More than 60% of these requests were resolved without the need for a site visit by a District employee.

The District's previous data management system produced one request for neglected swimming pool service upon
each request from the public, subsequently generating
multiple service requests for one location if follow-up action or inspections were deemed necessary by District inspectors. The District's new data management software retains all relevant information and actions under a single identification number per location until the initial mosquito production situation is considered resolved. This provides insight into the apparent reduction in numbers of swimming pool service requests for 2021 compared to previous years. The District's Operations supervisors also hypothosize that many residents spending time at home during the ongoing pandemic could more readily address issues with swimming pools on their property over the last two years, further contributing to fewer neglected swimming pool service requests.
nigromaculis) and (Aedes melanimon) are commonly found in these irrigated areas, bite aggressively during daylight hours, and can become major pests.

In 2021, excessive irrigation of pastures and agricultural areas in eastern Contra Costa County created significant sources of these mosquitoes, wreaking havoc on local residents.

Significant efforts were made by the District to provide control, combined with consistent communication to landowners
and tenants to modify their operations to reduce mosquito production on their properties through adjustments to the extent and timing of irrigation practices.

Early each year following the rainy season, temporary rainwater ponds and puddles can produce mosquitoes in many areas
of the county. The freshwater mosquito (Aedes washinoi), the California salt marsh mosquito (Aedes squamiger), the inland floodwater mosquito (Aedes vexans), and the summer salt marsh mosquito (Aedes dorsalis) are common and can be abundant at certain times of the year and they will bite people and become a significant problem in certain locations.

These mosquitoes are aggressive daytime-biting mosquitoes that are strong fliers and may bite people far away from their larval habitat; the California salt marsh mosquito, in particular, is known to fly up to 20 miles from its source. District employees performed inspections and treatment of these early-year sources known for past mosquito production as well as newly identified sources.

Creeks Channels and Pastures
Below-average rainfall caused once-flowing water in areas including creeks and channels to slow and eventually
leave pools of standing water, creating potential sources of mosquitoes. District employees worked to manage both nuisance and disease-carrying mosquitoes in these areas, finding them more accessible for inspection and treatment due to the efforts District employees made to clear vegetation from the area earlier in the year. District employees also inspect pastures, fields, and channels for mosquitoes that emerge after rainwater followed by continued irrigation. District employees work with landowners and recommend irrigation schedules and changes to work practices to reduce the likelihood of mosquito production.

Neglected Swimming Pools and the Risk of
Mosquito-borne Disease
One neglected swimming pool has the potential to produce as many as 1 million mosquitoes and can put an entire
neighborhood at risk of WNV, making neglected swimming
Swimming Pool Service Requests
0 800
600
400
200
1000
1200
A B
2017 2018 2019 2020 2021
A: 2017-2020 Previous data collection system counted each visit to the same location as a new service request. B: 2021 New data management software assigns one service request number per location until the issue is resolved.

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20 CCMVCD 2021 ANNUAL REPORT
Vector Control Planning
Until a Program Supervisor took over these duties halfway through 2021, the Vector Control Planner (VCP) was the
primary point of contact in the District's neglected swimming pool program. The VCP reviewed approximately 145 project proposals from local, county, state, and federal agencies for potential vector control concerns in 2021 and provided feedback as needed. The VCP also relayed maintenance
concerns and guidance to private landowners and other
agencies regarding mosquito production sources. Areas of concern for mosquito production included over irrigated agricultural land, ponds with overgrown vegetation restricting proper drainage, and devices designed to capture trash in stormwater drainage systems. Guidelines provided by the District brought some areas into compliance, benefiting property owners and neighbors concerned about mosquitoes.

Other properties were ultimately referred to the District’s Board of Trustees for abatement in order to bring them into compliance.

District Boats
The District has three boats for use in the mosquito program. The boats allow District employees to reach areas along the Contra Costa County shoreline that are not accessible from land, including the islands within Contra Costa County, and along the Delta. District employees also use the boats to conduct adult mosquito trapping which allows them to monitor adult mosquito populations in otherwise inaccessible areas.

UAS Program
The District's Unmanned Aircraft System (UAS), also known as a drone, allows for more efficient inspection of large agricultural and wetland areas that would take someone on foot many
hours to completely inspect. The information gathered by the UAS helps the District plan appropriate treatment of specific areas of the county. In 2021, the UAS improved the District's ability to resolve and map sources that needed to be cleaned up or maintained.

One of the District's three boats for use in the
mosquito program
The District drone helps District employees find a
bioswale which can be a source of underground
mosquito production.

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CCMVCD 2021 ANNUAL REPORT 21
Rats & Mice
The District provides an inspection and advice service to reduce the risk of rats and mice on residential and commercial properties within Contra Costa County. County residents can request service by phone or on the District's website. The county is home to three rodent pest species that are considered common household pests: the black rat, which is also known as the roof rat (Rattus rattus), the Norway rat (Rattus norvegicus), and the house mouse (Mus musculus). These three species are commensal, which means they prefer to live in close proximity to humans. These species in particular are well established throughout Contra Costa County and all of California.

Preventing rats and mice is important because they can be vectors of disease. Worldwide, rats and mice have been
associated with the spread of at least 35 diseases. They commonly spread disease through contamination of food
that has come into contact with their urine, feces, or saliva.

They are prolific breeders and may form large populations which can increase the likelihood of contamination. These commensal rodents can carry ectoparasites (fleas, mites, ticks, lice) capable of spreading murine typhus, plague, and bacteria in the Bartonella genus. Beyond potentially spreading diseases, they can also cause significant physical damage to a structure due to their gnawing behavior, possibly leading to economic loss. They also create a risk of structural fires because they have been known to gnaw on electrical wires.

During an inspection of a residential or commercial property, a District employee looks for evidence of potential sources of food and shelter, and how the rats or mice are gaining access to a home or business. Due to the ongoing pandemic, the District continued to limit inspections for rats and mice to exterior locations.

In 2021, there were 828 requests for rodent service, a 10.6 percent decrease compared to the number of requests the District received in 2020. The majority of the requests for rat and mouse service came from areas in central and west Contra Costa County, with 88 requests for service coming from Walnut Creek, followed by 87 from Richmond, 76 from Concord, 63 from Orinda, and 61 from El Cerrito.

Rodent Service Requests
200
0 400
600
800
1000
1200
1400
1600
2017 2018 2019 2020 2021
A damaged vent screen can be an entry point
into a home for mice.

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22 CCMVCD 2021 ANNUAL REPORT
Skunks and Rabies Risk
Reduction
Skunks (Mephitis mephitis) are a natural part of our environment and can be beneficial as they consume many pest insects, such as beetle grubs and crickets. They are also predators of small mammals including rats and mice. Skunks, however, are one of the primary reservoirs and vectors of rabies in California. Skunks transmit the rabies virus through their saliva while biting other animals or humans. The rabies virus infects the central nervous system and can lead to death if left untreated. To reduce the risk of rabies, the District provides inspections and advice to county residents when skunks are believed to be on private property.

While providing the District's skunk service, District employees inform residents of appropriate measures to reduce contact with skunks and eliminate attractants on the property. Skunks are attracted to fallen fruit, birdseed, grubs in turf, and pet food left outdoors. Skunk populations thrive when they can find a consistent food source and suitable harborage located nearby.

Skunks can establish dens in voids that exist under decks, porches, homes, sheds, and other ground-level locations.

When skunks become established in close proximity to people it increases the possibility of human interaction and the potential for the spread of rabies.

The District's primary goal is to educate residents, landowners, agencies, school officials, and business owners on the
permanent steps they can take to keep skunks from living nearby. District employees provide advice on how to prevent skunks from denning on the property including instructions on how to install wire mesh to block skunks from areas where they could potentially build a den.

Skunk Service Requests
The District divides the county into two zones for skunk service with one vector control inspector assigned to each zone.

District personnel continued providing skunk inspections in 2021 while following protocols in light of the continuing pandemic.

In 2021, the District received 479 requests for skunk service, a

24.69% decrease compared to the number of requests received in 2020. District employees also removed 157 skunks from Contra Costa County properties, a 29.60%% decrease over the number of skunks removed in 2020. This drop in service requests is believed to be, in part, the result of improvements many residents made to their residences while spending more time at home in 2020. Those repairs to their property reduced potential residential denning sites and potentially led to fewer interactions with skunks.

When a Non-Target is Trapped
When the District loans a live catch trap to a property owner, but an animal other than a skunk is caught, the animal is released on the property in accordance with the California Fish and Wildlife codes prohibiting the relocation of animals. In 2021, 33 animals were released compared to 76 in 2020.

Skunk Service Requests
300
200
100
400
500
600
700
800
900
0 1000
2017 2018 2019 2020 2021
Skunks Removed
100
200
300
400
0 500
2017 2018 2019 2020 2021
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CCMVCD 2021 ANNUAL REPORT 23
Yellowjackets
Yellowjackets pose a risk to public health because they have the ability to bite and sting multiple times, putting people, particularly those who suffer allergic reactions to stings and bites, at increased risk of injury.

Contra Costa County is home to four common species of
yellowjackets including the western yellowjacket (Vespula pensylvanica) which builds nests underground—usually taking over abandoned rodent holes and subterranean voids. Other species build the familiar paper 'hornet's nests' in trees or on structures. All yellowjackets can be beneficial because they feed on other insects, but the ground-nesting species can become a threat to humans because the nests are harder to see, and they will also aggressively go after meats and sweets at barbecues and picnics. To protect the public from these biting and stinging wasps, the District provides inspections and treatment of yellowjacket ground nests.

The District received 876 requests for yellowjacket service in 2021, a 14 percent increase from the number of requests the District received in 2020. District employees treated 668 yellowjacket nests in 2021. The majority of the requests for yellowjacket service in 2021 came from cities near the Highway 24 corridor. 156 requests for the District's yellowjacket service were from Orinda, 142 from Walnut Creek, 122 from Lafayette, and 74 from Moraga.

Yellowjacket Service Requests
200
0 400
600
800
1000
1200
1400
1600
2017 2018 2019 2020 2021
District vector control technician Heidi Budge treats a ground-nesting yellowjacket nest in Contra Costa County.

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24 CCMVCD 2021 ANNUAL REPORT
Honey Bees
Honey bees are beneficial insects that are essential for the pollination of many crops, flowers, and other plants.

Occasionally, Contra Costa County residents request groundnesting yellowjacket service, but when District employees arrive, they find honey bees instead. In those cases, District employees provide inspection and education about honey bees. The
District does not provide treatment of beehives nor do we respond to stinging incidents, but we do provide identification and information on honey bee biology and habitat. Residents who wish to have bees relocated are referred to local
beekeepers who can remove the bees safely
without killing them.

Honey bee swarms are groups of worker bees that leave their hive along with a queen to seek a place to start a new hive.

Swarms look like a ball of bees clustered on a tree or a manmade structure. The bees in a swarm are not aggressive, as they are in search of a permanent home and are not
protecting their honey nor their hive. Swarms typically move away in a day or two when they find a good location to build a hive (usually inside a hollow tree or other cavity). While the District does on occassion receive requests to relocate a bee swarm, District employees generally refer homeowners to a local beekeeper who can safely relocate the bees to a suitable location. The District will provide treatment for bee swarms or hives when they pose a potential threat to people in public areas such as schools or shopping centers. The District does not treat bee swarms that are in or on structures or private property.

In 2021, the District received 35 requests for bee service. The District previously referred to our program as an Africanized honey bee (AHB) program; however, because Africanized
and European honey bee populations can interbreed and are physically indistinct, the District cannot conclusively determine whether bees are Africanized or European by visual inspection.

If there is reasonable evidence, the District may coordinate with other agencies for genetic testing and identification.

Environmental Health
As has been described in this report, the District uses an Integrated Vector Management program (IVM) to guide the District's vector control decisions in an evidence-based manner that is environmentally respectful. When implementing a control program, the District continually evaluates the strengths, weaknesses, risks, and resource cost of each type of intervention to determine what combination in a given area is most appropriate for the current risk posed to public health from mosquitoes and the pathogens they transmit. To that end, the District follows a Programmatic Environmental Impact Report (PEIR) in conjunction with the District's IVM program. The District also receives oversight and is held accountable by filing for and receiving a National Pollutant Discharge Elimination System (NPDES) permit from US EPA. The NPDES permit is designed to address water pollution by regulating point sources that discharge pollutants to waters of the United States.

As part of the District's effort to be environmentally respectful, the District plays a collaborative role in the conservation and restoration of Bay Area wetlands, protection of endangered and threatened species, and promotion of biorational (low environmental impact) control methods in order to protect both human and environmental health.

In 2021, the District's VCP attended stakeholder meetings and provided appropriate feedback for various environmental restoration projects throughout Contra Costa County. The District also worked to ensure District compliance with state and local regulations regarding wastewater discharge, hazardous material storage, and waste tire disposal, helping to ensure the District reduces our environmental impact.

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CCMVCD 2021 ANNUAL REPORT 25
Training and Certification
Annual Training
Annual training for District employees is designed to ensure that District employees meet or exceed the requirements of all regulatory agencies with jurisdiction over the use of public health pesticides to reduce the risk of disease. In 2021, due to the ongoing pandemic, the District continued to employ online video training options. The virtual training sessions were designed to review the 23 known species of mosquitoes currently in Contra Costa County, provide instruction and updates on the current requirements and procedures for use of vector control products and equipment, as well as familiarize District personnel with new software and technologies. Proper training allowed District employees to continue to carry out their tasks safely, with confidence and expertise.

State Certification
District technicians and inspectors are certified through the Vector Control Certification Program of the California Department of Public Health. District employees maintain state certification for public health work in vector control to ensure that best practices are followed via continuing education and state-proctored testing. Areas of focus during state certification include safe and effective use of pesticides, biology and control of mosquitoes, and other invertebrates and vertebrates of public health significance.

Certification is renewed every two years.

As the pandemic continued into 2021, the District
conducted Annual Training using online presentations.

The California Department of Public Health oversees
the California Vector Control Certification and
Training Program.

Agenda Packet Page 103 of 360
26 CCMVCD 2021 ANNUAL REPORT
Public Affairs
The public affairs department employees work closely with residents and news media to inform and educate about
important health topics. In a typical year, staff members provide general and tailored presentations to various groups of 12 or more adults or school children. Public Affairs personnel also write articles, create videos, participate in social media interaction, and provide information at events, workshops, and community discussions.

Community Outreach
Community outreach is the mainstay of the District’s public affairs department, with the goal of encouraging Contra Costa County residents to change behavior to reduce the risk of vector-borne disease. With more than 1.1 million residents who live and work within Contra Costa County’s more than 716 square miles, public cooperation is imperative when it comes to preventing vectorborne disease.

The District’s public affairs program is designed to educate residents about their important role in integrated vector management. The approach is diverse and uses specific tactics that are consistently evaluated for maximum and cost-effective impact.

External Electronic Communication
Internet distribution of District publications is swift, succinct, and provides a sharable format making it a more efficient communication vehicle than traditional mail. As the pandemic continued into a second year, electronic communication
remained a critically important communication tool.

The public affairs department publishes News Releases, Adult Mosquito Control Notifications, the Mosquito Bytes Newsletter, the Bits and Bytes Employee Newsletter, and this annual report online. Members of the public may subscribe to the District’s publications. The District ended 2021 with 2853 total subscribers, a

5.78 percent increase over the total number of subscribers in 2020.

Of the subscribers to the District’s online publications, 25 percent opened the District's online publications through mobile devices and 75 percent accessed them through desktop computers.

Internal Electronic Communication
In 2021, the public affairs department continued to publish an electronic employee newsletter to disseminate important information to District employees and delivered directly into employees' email. The employee e-newsletter continues to serve as an important way to share timely information to District employees including changes in COVID-19 protocols, seasonal safety tips, and information on mindfulness which prooved to be particularly useful during the stress of the second year of the pandemic.

Traditional Outreach
The public affairs department continued to use the "Back to Basics" advertising campaign on print and digital advertising vehicles for a second year. By using the artwork that features the District's specific services with the main message of Protecting Public Health since 1927, department staff were able to reiterate to Contra Costa County residents the important job District employees do to protect public health.

The District's Employee Newsletter, "Bits
and Bytes" continued to be a valuable
communication tool.

MOSQUITOES
Inspection
& Control
Contra Costa Mosquito & Vector Control District
Protecting

PUBLIC HEALTH
since 1927
ContraCostaMosquito.com • (925) 685-9301
The District's "Back to Basics" advertising
campaign emphasized the District's essential role
of protecting public health.

Agenda Packet Page 104 of 360
CCMVCD 2021 ANNUAL REPORT 27
Digital Billboard
The public affairs department purchased advertising on a digital billboard located on the eastbound side of Highway 4 in Pittsburg to feature the “Back to Basics” campaign from July through September.

Caltrans estimated 155,000 vehicles passed by the sign per month, providing ample viewing opportunities for commuters. The District’s message appeared as part of a slideshow that gave commuters eight seconds to view the message at a time while the sign was illuminated from 6 a.m. until midnight, seven days a week.

Internet Advertising
The pubic affairs department used Internet banner advertising to increase the District's visibility on websites visited by Contra Costa County residents. Five versions of the District's "Back to Basics" campaign appeared on a seasonal rotation for vector activity from skunks in January 2021to mosquitoes and other vectors through the end of the year. The ads focused on the District's skunks service in January, followed by all of the District's services in June, mosquitoes in July and August, yellowjackets in September and October, rats and mice in November and skunks in December.

Print Advertising
The public affairs department continued to prioritize reaching all areas of Contra Costa County with the District's annual advertising campaign. While the use of Internet advertising allowed the District to reach residents all across Contra Costa County, print advertising allowed the District to focus on each region of the county.

To reach communities in western Contra Costa County, including Hercules; Rodeo; Pinole; El Sobrante; San Pablo, El Cerrito; and Richmond, the District puchased advertising in the Contra Costa Marketplace publication that sent physical copies to the residents in the specific cities listed. In eastern Contra Costa County, residents could see the District's print advertisements in the Brentwood Press which reached residents in Brentwood, Discovery Bay, Oakley, and Antioch. In central Contra Costa County, the cities of Martinez; Pacheco; Concord; Pleasant Hill; Walnut Creek; and Lafayette viewed the District's print advertising on the back of the County Connection buses. And in the southern section of I-680, the communities of Danville, Alamo, Blackhawk, and San Ramon received the District's print advertising in the Your Town Monthly publication.

Presentations and Events
As the pandemic continued into a second year, public affairs department staff provided one virtual presentation to the California Special Districts Association as well as two in person presentations to community groups within Contra Costa County.

The public affairs department also participated in the Heart of Oakley Festival, which was the first in person event for department staff since the pandemic began.

RATS
& MICE
Inspection
& Advice
Contra Costa Mosquito & Vector Control District
Protecting PUBLIC HEALTH since 1927 ContraCostaMosquito.com • (925) 685-9301 2021 Heart of Oakley Festival
The District's Internet Advertising featured a seasonal rotation of vectors.

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28 CCMVCD 2021 ANNUAL REPORT
Social Media
The District uses social media as a communication vehicle with the specific purpose of providing District messages and information to the public. The public affairs department uses Twitter and the District's Nextdoor business account to share current information including news releases, the District's e-newsletter, messaging about West Nile virus risk and seasonal specific vector information. In July 2021, the public affairs department opened a District Facebook account to continue the District's virtual outreach efforts. The additional characters allowed on each Facebook post provides the public affairs staff with the opportunity to share more information each time. Messaging included reminders to report dead birds, an explanation of changes to the District's mosquitofish program, helpful tips on reducing the risk of rats and mice, and updates on District hours due to holiday closings. During World Mosquito Day, social media posts encouraged residents to take
precautions to reduce the risk of mosquito bites by dumping out standing water, using repellent at dawn and dusk when mosquitoes tend to be more active, and wearing long sleeves and long pants to reduce the risk of mosquito bites outdoors.

Training and Certification
Public affairs department staff attend continuing education sessions to maintain certification through the Vector Control Certification Program of the California Department of Public Health. Public affairs staff are certified in order to provide accurate information when advising the public regarding vector issues in person or through written materials.

Public affairs staff also received specific Public Relations training through the Public Relations Society of America (PRSA) in 2021.

Public affairs staff completed and passed a certification exam to become certified in strategic communication. The subject matter included learning what constitutes the foundations of a strategic plan, the psychology behind creating strategic change, how to create goals and tactics that lead to measurable content, and how to communicate the results effectively. The skills learned are for the benefit of the District’s internal and external communication.

Public Affairs Department staff became certified in
Strategic Communication through PRSA in 2021.

Facebook post for World Mosquito Day 2021
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CCMVCD 2021 ANNUAL REPORT 29
Administration
The District's administration staff serve both the residents of Contra Costa County and District staff. Administration staff provide a wide range of supporting services including answering questions and entering service requests from
residents; processing compliance reports for state and
federal agencies; conducting payroll, accounts payable and receivable; and providing information to the District's governing body. The administration staff work closely with the District's general manager and Board of Trustees to help guide decisionmaking in order to promote legal, consistent and fair business practices and the appropriate use of resources throughout the District.

Due to the ongoing pandemic, all District meetings and training sessions remained virtual, while interactions with members of the public who came to the District building were minimal. With COVID precautions in place, administration staff were able to continue training on ways to improve efficiencies and increase productivity related to the department's responsibilities. With an emphasis on efficiancy, the ongoing process of transferring documentation to digital formats continued in 2021.

As administration staff members are often the first District employees that members of the public encounter, whether in person or on the phone, the support and resources staff members provide to the public are important. So are the support and resources available to all District employees. To that end, the District established a new position in 2021, a Human Resources and Risk Manager who joined the District in late 2021.

The District Building in Concord, California
Information Technology
The Information Technology division (IT) is responsible for all communication technology at the District including maintaining all aspects of the administration phone system, cell phones, computers, and internet services. The IT staff maintains multiple virtual servers and all employees' workstations with associated software. The IT administrator also programs and maintains specialized software programs such as the District's timesheet system and operational software, which was implemented early in 2021, and has the ability to integrate the District's online service requests and fieldwork data collection—all in real-time.

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30 CCMVCD 2021 ANNUAL REPORT
Financial Statement
The Contra Costa Mosquito & Vector Control District depends on property tax revenues and benefit assessment charges in Contra Costa County to fund District operations.

The District receives approximately 97% of its annual revenue from property taxes and benefit assessment. The breakdown is 74% of funding comes from property taxes to county parcels and 23% comes from a benefit assessment. This revenue stream rose approximately 1.1% in fiscal year 2020/2021 compared to the prior fiscal year. Contra Costa County property tax assessed values have continued to see increases, although at a slower pace over the past year, and the County has a relatively strong and stable housing market.

It is important to note above that local property taxes earmarked for the District can be diverted annually to the State of California’s Educational Revenue Augmentation Fund (ERAF).

Therefore, in 1996, the District implemented a countywide benefit assessment to replace these lost funds. This nominal annual charge varies among four zones in Contra Costa County according to benefit of District services and generates revenue that is used to provide mosquito and vector surveillance and control projects on the properties in Contra Costa County.

As mandated by government code, the District is annually audited by an outside firm. The firm audits the District’s financial statements to obtain reasonable assurance that the financial statements are free of material misstatement, and that the District's financial statements conform to the generally accepted accounting principles (GAAP). They review the
accounting principles used, all financial disclosures, and the overall financial statement presentation. The District annually receives an Unqualified Opinion, which is the best opinion bestowed.
2020/2021
74%
23%
1% 2%

PROPERTY TAXES

BENEFIT ASSESSMENT

INTEREST

MISCELLANEOUS

AUDITED FINANCIAL STATEMENTS
REVENUES 2019/2020 2020/2021
Property Taxes $6,293,493 $6,580,371
Benefit Assessment 2,054,797 2,062,943
Contracts 65,128 28,479
Interest 169,116 44,244
Miscellaneous 167,198 129,733
TOTAL REVENUES $8,749,732 $8,845,770
EXPENDITURES 2019/2020 2020/2021
Salaries, Wages, Benefits $5,684,203 $5,942,961
Operations 1,548,735 1,677,025
Capital 96,363 157,371
TOTAL EXPENDITURES $7,329,301 $7,777,357
TRANSFER TO RESERVE $1,420,431 $1,068,413
Agenda Packet Page 108 of 360
Agenda Packet Page 109 of 360
Agenda Item No. 6.A.

Attachment 2
Agenda Packet Page 110 of 360
155 Mason Circle
Concord, CA 94520
phone (925) 685-9301
fax (925) 685-0266
www.contracostamosquito.com
Protecting Public Health Since 1927

BOARD OF TRUSTEES
President MICHAEL KRIEG Oakley • Vice President PERRY CARLSTON Concord • Secretary DANIEL PELLEGRINI Martinez Antioch Vacant • Brentwood JON ELAM • Clayton PEGGIE HOWELL • Contra Costa County JIM PINCKNEY, CHRIS COWEN & DARRYL YOUNG • Danville RANDALL DIAMOND El Cerrito Vacant • Hercules DAMIAN WONG • Lafayette JAMES FITZSIMMONS • Moraga JAMES FRANKENFIELD • Orinda KEVIN MARKER • Pinole WARREN CLAYTON Pittsburg RICHARD AINSLEY, PhD • Pleasant Hill JENNIFER HOGAN • Richmond Vacant • San Ramon PETER PAY • San Pablo Vacant • Walnut Creek JAMES MURRAY Agenda Item No. 6.A.

Attachment 3
Board of Trustees
 The Board of Trustees of the Contra Costa Mosquito & Vector Control District are officials appointed by their respective city councils to govern the Mosquito and Vector Control District knowledgeably and effectively.
 They serve without compensation but are provided with an allowance to defray expenses while on official business (not to exceed $100 per month) in accordance with the California Health and Safety Code Section 2030(b).
 Trustees do not receive any type of benefits and serve for a term of two to four years.  The regular business meetings are held on the second Monday of every other month starting in January.
 Meetings are held at the District office, 155 Mason Circle, Concord at 7:00 p.m. The meetings are open to the public.

Agenda Packet Page 111 of 360

AGENDA BILL
Agenda Item No. 7.A.

Date: May 17, 2022
To: El Cerrito City Council
From: Paul Keith, Chief of Police, El Cerrito Police Department Subject: Military Equipment Policy Ordinance

ACTION PROPOSED
Conduct a public hearing, and upon conclusion, introduce by title and waive any further reading of an Ordinance adopting a Military Equipment Use Policy.

BACKGROUND
Effective on January 1, 2022, the California State Legislature enacted a series of laws relating to the funding, acquisition, and use of military equipment by law enforcement agencies. The new laws, recorded in Government Codes 7070 through 7075, require that each Law Enforcement Agency begin the process of seeking approval of a Military Equipment Policy approved by their local governing body. The law requires that agencies receive approval of the policy before seeking funds for military equipment, acquiring military equipment, collaborating with another agency in the deployment or use of equipment, and using any new or existing military equipment.

ANALYSIS
The El Cerrito Police Department possesses equipment that may be considered military equipment, under the new state law. These items include:
 A small, commercially available flying drone equipped with a camera  A Ford Transit commercial van, outfitted with a desk, chairs and cabinets used to manage incidents
 Four (4) specialty rifles
 Tear gas canisters
 Ten (10) projectile launch platforms and associated munitions.

These items are intended to provide Police Officers with advantages and alternatives to resolve criminal incidents. In the case of the flying drone, the equipment provides officers with the ability to take overhead photos of crime scenes and search areas for missing people or fleeing suspects. The command van provides officers with a dry and covered area to plan responses to in-progress incidents and major investigations. The specialty rifles offer capabilities not available to the general public, while the tear gas canisters allow for crowd control options in the case of dangerous or violent crowds.

The projectile launch platforms, commonly known as bean bag or sponge round launchers, provide for less lethal means to resolve critical incidents. Together, these items add depth and flexibility to police responses that provide for the safety of officers and community members.

Agenda Packet Page 112 of 360
Agenda Item No. 7.A.

The police department makes purchases of large equipment items, like the Ford Transit Van, using state bid lists. In the case of items like the flying drone, staff members search available retailers for the most competitive price. Items such as projectile launch platforms and munitions are specialty items and staff evaluate prices from multiple vendors before making purchases, when possible.

State law and the proposed policy require staff to prepare an annual report on military equipment used by law enforcement agencies. This report includes equipment inventories, items purchased, their uses, and their costs. The law and the proposed policy also require the El Cerrito Police Department to hold an annual meeting to garner feedback on the use and purchase of military equipment. On April 13, 2022, the Police Department published the draft of this policy on the Police Department website.

STRATEGIC PLAN CONSIDERATIONS
This Ordinance serves to accomplish Goals A: Delivering Exemplary Government Services and E: Ensuring the Public's Health and Safety. A modern Police Department must possess the tools to deescalate violent situations, protect community members, and solve crime. At the same time, police departments must be transparent and engage with their communities on issues of great public interest.

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

FINANCIAL CONSIDERATIONS
This ordinance is not seeking any new budget approvals. Future annual reports will include expected costs associated with new purchases of defined military equipment.

LEGAL CONSIDERATIONS
The City Attorney has reviewed the draft Ordinance and policy and found that legal considerations have been addressed.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Ordinance

2. Policy and List of Equipment
Agenda Packet Page 113 of 360
ORDINANCE NO. 2022-XX

AN ORDINANCE OF THE CITY OF EL CERRITO ADOPTING A MILITARY EQUIPMENT

USE POLICY
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 relating to the use of military equipment by California law enforcement agencies: and
WHEREAS, Assembly Bill 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used by law enforcement agencies; and WHEREAS, Assembly Bill 481, codified at California Government Code section 7070, et. seq., requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070 subdivision (c); and WHEREAS, the El Cerrito Police Department is in possession of certain items of equipment that may qualify as “military equipment” under Assembly Bill 481; and WHEREAS, Assembly Bill 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released, written, military equipment use policy; and
WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the military equipment use policy for continued or future funding, acquisition, or use of military equipment within its jurisdiction only if it makes the specified determinations; and WHEREAS, the military equipment use policy and supporting information must, upon adoption by ordinance, thereafter be reviewed and renewed by the governing body at least annually. The process for review and renewal is set forth in Section 4 of this ordinance.; and
WHEREAS, the proposed military equipment use policy has been prepared by the El Cerrito Police Department as “Military Equipment Funding, Acquisition and Use Policy” (sometimes hereafter referred to as “the Policy”); and
WHEREAS, the El Cerrito Police Department’s Military Equipment Funding, Acquisition and Use Policy was published on the El Cerrito Police Department’s internet website on April 11, 2022 in compliance with Government Code Section 7071 subdivision (b); and
WHEREAS, the El Cerrito Police Department’s Military and Equipment Funding, Acquisition and Use Policy was presented to City Council on May 17, 2022; and WHEREAS, the El Cerrito Police Department’s Military Equipment Funding, Acquisition and Use Policy meets the requirements of California Government Code Section 7070 subdivision (d); and
Agenda Packet Page 114 of 360
WHEREAS, the City Council of the City of El Cerrito, having received the information required under Assembly Bill 481 regarding the El Cerrito Police Department’s use of military equipment as defined in said law, and makes the specified determinations required under Government Code section 7071 subdivision (d), deems it to be in the interest of the City to approve the El Cerrito Police Department’s Military Equipment Funding, Acquisition and Use Policy, which is attached to this ordinance.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CERRITO DOES HEREBY ORDAIN AS FOLLOWS:

Section 1: Incorporation of Recitals. The City Council finds that the above Recitals are true and correct and are incorporated herein by reference.

Section 2: Determinations. Based on the findings above, in addition to information provided to the City Council at the public meeting, the City Council determines as follows:

1. The El Cerrito Police Department’s Military Equipment Funding, Acquisition and Use Policy, including the military equipment listed in an attachment to the Policy, is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

2. The El Cerrito Police Department’s Military Equipment, Funding, Acquisition and Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3. The military equipment identified in the El Cerrito Police Department’s Military Equipment, Funding, Acquisition and Use Policy is reasonably cost effective compared to available alternatives that can achieve the same objectives of officer and civilian safety.

4. Prior military equipment uses by the El Cerrito Police Department complied with the military equipment use policy although it was not yet in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy non-conforming uses and ensure future compliance.

Section 3: Approval of Military Equipment Use Policy. The El Cerrito Police Department’s Military Equipment Funding, Acquisition, and Use Policy setting forth the City’s military equipment use policy is approved and adopted.

Section 4: Annual Review and Renewal of Military Equipment Use Policy.

A. In compliance with Government Code section 7071(e), the City Council shall review this ordinance at least annually and vote on whether to renew this ordinance at a regular meeting. The City Council shall vote by resolution on whether to renew this ordinance and whether to approve amendments to the Military Equipment Funding, Acquisition, and Use Policy, including the list of military equipment attached to the Policy.

B. The City Council shall determine, based on the annual military equipment report submitted pursuant to Government Code section 7072, whether each type of Agenda Packet Page 115 of 360
military equipment identified in that report has complied with the standards for approval set forth in Section 2 of this ordinance and Government Code section 7071(d). The City Council’s determination shall be set forth in the resolution referred to in subsection (A) above.

C. If the City Council determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in Section 2 of this ordinance and Government Code section 7071(d), the City Council shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance. Disapproval of renewal of the authorization for a noncompliant type of military equipment and modifications to the Policy to resolve an identified lack of compliance shall be by the resolution referred to in subsection (A) above.

D. If the City Council determines not to renew this ordinance, it shall do so by the adoption of an ordinance.

Section 5: Severability. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed the ordinance codified in this chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this chapter would be subsequently declared invalid or unconstitutional.

Section 6: Effective Date. This Ordinance shall take effect and be enforced thirty days after the date of its adoption. Prior to the expiration of fifteen days from the passage thereof, the ordinance or a summary thereof shall be posted or published as may be required by law, and thereafter the same shall be in full force and effect.

THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council on May 17, 2022 and passed by the following vote:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
ADOPTED AND ORDERED published at a regular meeting of the City Council held on June 7, 2022 and passed by the following vote:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
APPROVED:
_____________________ _
Gabe Quinto, Mayor
Agenda Packet Page 116 of 360
ATTEST:
_______________________
Holly M. Charléty, City Clerk

ORDINANCE CERTIFICATION
I, Holly M. Charléty, City Clerk of the City of El Cerrito, do hereby certify that this Ordinance is the true and correct original Ordinance No. (2022-XX) of the City of El Cerrito; that said Ordinance was duly enacted and adopted by the City Council of the City of El Cerrito at a meeting of the City Council held on the 7th day of June, 2022; and that said Ordinance has been published and/or posted in the manner required by law.

WITNESS my hand and the Official Seal of the City of El Cerrito, California, this day of June, 2022.
_____________________________
Holly M. Charléty, City Clerk
Agenda Packet Page 117 of 360
Policy
707
El Cerrito Police Department
El Cerrito PD Policy Manual
Copyright Lexipol, LLC 2022/04/13, All Rights Reserved.

Published with permission by El Cerrito Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
707.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Agenda Packet Page 118 of 360
El Cerrito Police Department
El Cerrito PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/13, All Rights Reserved.

Published with permission by El Cerrito Police Department ***DRAFT*** Military Equipment - 2 707.2 POLICY
It is the policy of the El Cerrito Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of El Cerrito Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
707.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department ECPD Military Equipment Report March 2022
707.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):

Agenda Packet Page 119 of 360
El Cerrito Police Department
El Cerrito PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/13, All Rights Reserved.

Published with permission by El Cerrito Police Department ***DRAFT*** Military Equipment - 3 (a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 707.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 707.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
707.9 COMPLAINT PROCESS
Members of the public may register complaints, feedback, or concerns or submit questions about the use of each specific type of military equipment in this policy by any of the following means:

Email: [email protected]
Agenda Packet Page 120 of 360
El Cerrito Police Department
El Cerrito PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/13, All Rights Reserved.

Published with permission by El Cerrito Police Department ***DRAFT*** Military Equipment - 4 Phone: (510) 215-4400
Mail: El Cerrito Police Department, Attn: Military Equipment Use Coordinator, 10900 San Pablo Ave., El Cerrito, CA 94530
The Department is committed to responding to complaints, feedback, concerns and/or questions received through any of the above methods in a timely manner.

Agenda Packet Page 121 of 360
El Cerrito PD Policy Manual
Copyright Lexipol, LLC 2022/04/13, All Rights Reserved.

Published with permission by El Cerrito Police Department ***DRAFT*** Attachments - 5 Attachments
Agenda Packet Page 122 of 360
Attachment
El Cerrito PD Policy Manual
Copyright Lexipol, LLC 2022/04/13, All Rights Reserved.

Published with permission by El Cerrito Police Department ***DRAFT*** Equipment Report V3.pdf - 6 Equipment Report V3.pdf
Equipment Report V3.pdf
Agenda Packet Page 123 of 360
1 El Cerrito Police Department
Military Equipment Inventory
Policy 707
March 31, 2022
Equipment Owned, Sought and/or Maintained by El Cerrito Police Department Unmanned Aerial Vehicles – Govt. Code 7070(c)(1)
DJI Mavic Pro – Aerial Drone
Quantity: 1
Cost: $1,300
Annual Maintenance: $20
Description: Small, commercially available drone, equipped with a camera.

Description from the manufacturer’s website: “The DJI Mavic Pro is DJI’s smallest flying camera, featuring a fully stabilized camera, Intelligent Flight Modes, and Obstacle Avoidance inside a revolutionary folding design. It captures 4K videos and 12-megapixel videos.” Use: Overhead Photography and Searches
Lifespan: 3 years
Training/Certification Required: Federal Aviation Administration Certification, POST Unmanned Aircraft Systems Basic Pilots Course – 32 hours
Policy #607 – Unmanned Aerial Systems (UAS) Operations
DJI Mavic 2 Enterprise Advanced – Aerial Drone
Quantity Sought: 1
Cost: $6,100
Annual Maintenance: $100
Description: Small, commercially available drone, equipped with dual thermal and visual cameras.

Description from the manufacturer’s website: “Capture accurate details in any mission with the Mavic 2 Enterprise Advanced – a highly versatile yet compact tool that packs a whole lot of performance upgrades. With high-resolution thermal and visual cameras, the M2EA supports up to 32X digital zoom and is capable of centimeter-level positioning accuracy with the RTK module. Provide incident commanders with accurate, real-time insights as missions unfold, empowering decisions to be made with confidence. Rapidly and remotely map, document, and preserve crime scenes, vehicle collisions, and more, while simultaneously keeping operators from harm’s way.”
Use: Overhead Photography and Searches
Lifespan: 5 years
Training/Certification Required: Federal Aviation Administration Certification, POST Unmanned Aircraft Systems Basic Pilots Course – 32 hours
Policy #607 – Unmanned Aerial Systems (UAS) Operations
Agenda Packet Page 124 of 360
2 Command and Control Vehicles – Govt. Code 7070(c)(5)
Ford Transit Panel Van – Incident Command Vehicle
Quantity: 1
Cost: $52,000
Annual Maintenance: $1,000
Description: Large, commercially available cargo van, outfitted with desk, chairs and cabinets.

Description from the manufacturer’s website: “Ford Transit Cargo Van offers plenty of cargo space for installing racks and bins as well as convenient storage of tools, supplies, equipment and more.”
Use: Planning and coordination space for major events, critical incidents, and major criminal investigations.

Lifespan: 10 years
Training/Certification Required: California Driver’s License Policy #704 – Vehicle Use
Specialized Firearms – Govt. Code 7070(c)(10)
Heckler and Koch MP5 Submachine Gun
Quantity: 2
Cost: $2,000 each
Annual Maintenance: $10
Description: Automatic sub-machinegun, 9mm caliber, stock configuration Description from the manufacturer’s website: “The 9 mm MP5 submachine gun uses the same delayed blowback operating system found on the famous HK G3 automatic rifle. Reliability, accuracy, ease of handling, simple maintenance, and safety — all the elements of HK excellence are highlighted on the MP5. Firing from the closed-bolt position in all modes of fire make MP5 submachine guns extremely accurate and controllable.”
Use: Compact alternate weapon for SWAT Team members.

Lifespan: 25 years
Training/Certification Required: SWAT School – 80 hours, Tactical/Patrol Rifle Course – 24 hours Policy #300 – Use of Force, Policy #306 – Firearms, Policy #417 Patrol Rifle Gas Based Projectiles – Govt. Code 7070(c)(12)
Defense Technology Han-Ball CS (Tear Gas Canister)
Quantity: 8
Cost: $20 each
Annual Maintenance: $0
Description: Hand thrown Tear Gas Canister. Tear gas is a crowd control agent that causes irritation to the eyes, mouth, and skin.

Description from the manufacturer’s website: “The Han-Ball™ CS Grenade is an outdoor use grenade expelling its payload in approximately 15-20 seconds. The rubber ball round has an over all size of 4.8 in. tall, including the fuse head, and 3.1 in. diameter. This launchable grenade holds approximately 1.6 oz. of active agent which is expelled through three ports around the equator of the ball.”
Agenda Packet Page 125 of 360
3 Use: Crowd Control and Training for Academy Recruits
Lifespan: 5 years
Training/Certification Required: Chemical Munitions
Policy #300 – Use of Force, Policy #303 – Control Devices and Techniques, Policy #433 – First Amendment Assemblies
Projectile Launch Platforms and Munitions – Govt. Code 7070(c)(14) Remington Model 870 Shotgun
Quantity: 6
Cost: $1,075 each
Annual Maintenance: $10
Description: Standard shotgun outfitted with orange stock, orange fore end, and sling.

Ammunition is Drag Stabilized Beanbag rounds.

Description from the manufacturer’s website: “Pump-action shotgun design - the ultimate in strength, durability, silky-smooth bind-free action, and sleek classical lines” Use: Less lethal impact weapon. Provides user the ability to deploy a kinetic weapon at a distance. Allows the user to remain behind cover or in a safe position while engaging actively violent and dangerous subjects.

Lifespan: 25 years
Training/Certification Required: Department Use of Force Training Policy #300 – Use of Force, Policy #303 – Control Devices and Techniques, Policy #306 – Firearms, Policy #433 – First Amendment Assemblies
Defense Technology 1325 40mm Launcher
Quantity: 3
Cost: $2,250
Annual Maintenance: $10
Description: A single shot launcher for use with specialty munitions. Ammunition can be sponge, marking sponge, or pepper powder sponge rounds.

Description from the manufacturer’s website: “Manufactured exclusively for Defense Technology®, the 40LMTS is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4.8” in cartridge length.” Use: Less lethal impact weapon. Provides user the ability to deploy a kinetic weapon at a distance. Allows the user to remain behind cover or in a safe position while engaging actively violent and dangerous subjects.

Lifespan: 25 years
Training/Certification Required: Department Use of Force Training Policy #300 – Use of Force, Policy #303 – Control Devices and Techniques, Policy #306 – Firearms, Policy #433 – First Amendment Assemblies
Agenda Packet Page 126 of 360
4 Defense Technology 1440 40mm 4-shot Launcher
Quantity: 1
Cost: $4,000
Annual Maintenance: $10
Description: A four shot launcher, for use with specialty munitions. Ammunition can be sponge, marking sponge, or pepper powder sponge rounds.

Description from the manufacturer’s website: “Designed for riot and tactical situations, the Defense Technology® 1440 40mm Tactical 4-Shot Launcher is low-profile and lightweight, providing multi-shot capability in an easy to carry launcher. It features the Rogers Super Stoc™ expandable gun stock, an adjustable Picatinny mounted front grip, and a unique direct-drive system to advance the magazine cylinder.”
Use: Less lethal impact weapon. Provides user the ability to deploy a kinetic weapon at a distance. Allows the user to remain behind cover or in a safe position while engaging actively violent and dangerous subjects.

Lifespan: 25 years
Training/Certification Required: Department Use of Force Training Policy #300 – Use of Force, Policy #303 – Control Devices and Techniques, Policy #306 – Firearms, Policy #433 – First Amendment Assemblies
FN America 303 Mk2 Less-Lethal Launcher
Quantity Sought: 12
Cost: $1,750 each
Annual Maintenance: $50
Description: A 15 round, CO2 powered, launcher system. Primary ammunition is paint or OC based weighted projectiles. Equipped with a Patrol Optic. Not a firearm.

Description from the manufacturer’s website: “Built from lightweight, rugged polymer and driven by a compressed CO2 air tank, the FN 303® Mk2 upgrades FN’s less lethal technology for today’s officers, delivering increased accuracy with new, adjustable flip up metal sights and a MIL-STD 1913 top rail for optical or red dot sights. The fin-stabilized projectiles deliver optimum accuracy with maximum effectiveness and safety. Officers can quickly change from inert, marking, impact or irritant projectiles, with a clear view of the projectile type and remaining count in the magazine.”
Use: Less lethal impact weapon. Provides user the ability to deploy a kinetic weapon at a distance. Allows user to remain behind cover or in a safe position while engaging actively violent and dangerous subjects.

Lifespan: 15 years
Training/Certification Required: Department Use of Force Training Policy #300 – Use of Force, Policy #303 – Control Devices and Techniques, Policy #433 – First Amendment Assemblies
Agenda Packet Page 127 of 360
5 FN 303 Washable Paint Less-Lethal Projectiles
Quantity Sought: 450
Cost: $4 each
Annual Maintenance: $0
Description: A plastic weighted projectile containing washable paint.

Description from the manufacturer: “This projectile is intended for training and for marking suspects and objects with a washable colorant.”
Use: Less lethal impact weapon. Provides user the ability to deploy a kinetic weapon at a distance. Allows the user to remain behind cover or in a safe position while engaging actively violent and dangerous subjects. The round also disburses washable paint at the point of impact, assisting officers with identifying violent subjects.

Lifespan: 5 years
Training/Certification Required: Department Use of Force Training Policy #300 – Use of Force, Policy #303 – Control Devices and Techniques, Policy #433 – First Amendment Assemblies
FN 303 PAVA/OC Powder Less-Lethal Projectiles
Quantity Sought: 150
Cost: $5 each
Annual Maintenance: $0
Description: A plastic weighted projectile containing an irritant in the form of PAVA/OC powder.

PAVA is an acronym for Pelargonic Acid Vanillylamide, a synthetic capsaicinoid, created from peppers.

OC is an acronym for Oleoresin Capsicum, a powder made from peppers.

Description from the manufacturer: “This projectile is intended as an irritant for individual suspects, point-specific targets, or small-area denial. The active ingredient is 0.5% PAVA/OC in a powder form for ease of storage, deployment, and clean-up.” Use: Less lethal impact weapon. Provides user the ability to deploy a kinetic weapon at a distance. Allows the user to remain behind cover or in a safe position while engaging actively violent and dangerous subjects. The round also disburses PAVA/OC powder at the point of impact, causing discomfort.

Lifespan: 5 years
Training/Certification Required: Department Use of Force Training Policy #300 – Use of Force, Policy #303 – Control Devices and Techniques, Policy #433 – First Amendment Assemblies
Defense Technology 3027 Drag Stabilized Beanbag Round
Quantity: 200
Cost: $5 each
Description: A 12-gauge round, holding a ballistic fiber bag containing lead shot as a projectile.

Description from the manufacturer’s website: “The Drag Stabilized™ 12-Gauge Round is a translucent 12-Gauge shell loaded with a 40-Gram tear shaped bag made from a cotton and ballistic material blend and filled with #9 shot.”
Agenda Packet Page 128 of 360
6 Use: Less lethal impact weapon. Provides user the ability to deploy a kinetic weapon at a distance. Allows the user to remain behind cover or in a safe position while engaging actively violent and dangerous subjects.

Lifespan: 5 years
Training/Certification Required: Department Use of Force Training Policy #300 – Use of Force, Policy #303 – Control Devices and Techniques, Policy #306 – Firearms, Policy #433 – First Amendment Assemblies
Defense Technology 6325 Exact Impact Sponge
Quantity: 55
Cost: $5 each
Description: A 40mm round, with a blue foam projectile.

Description from the manufacturer’s website: “This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore, have velocities that are extremely consistent. Used for Crowd Control, Patrol, and Tactical Applications.”
Use: Less lethal impact weapon. Provides user the ability to deploy a kinetic weapon at a distance. Allows the user to remain behind cover or in a safe position while engaging actively violent and dangerous subjects.

Lifespan: 5 years
Training/Certification Required: Department Use of Force Training Policy #300 – Use of Force, Policy #303 – Control Devices and Techniques, Policy #306 – Firearms, Policy #433 – First Amendment Assemblies
Defense Technology 6320 Direct Impact OC
Quantity: 6
Cost: $5 each
Description: A 40mm round, with an orange foam projectile. Projectile contains orange marking and pepper powder.

Description from the manufacturer’s website: “40 mm Direct Impact® Round. Lightweight, highspeed projectile consists of a plastic body and a crushable foam nose. The orange foam nose indicates that the round contains an OC powder.”
Use: Less lethal impact weapon. Provides user the ability to deploy a kinetic weapon at a distance. Allows the user to remain behind cover or in a safe position while engaging actively violent and dangerous subjects. The round also disburses pepper powder at the point of impact, causing discomfort.

Lifespan: 5 years
Training/Certification Required: Department Use of Force Training Policy #300 – Use of Force, Policy #303 – Control Devices and Techniques, Policy #306 – Firearms, Policy #433 – First Amendment Assemblies
Agenda Packet Page 129 of 360
7 Defense Technology 6326 Direct Impact Marking
Quantity: 11
Cost: $5 each
Description: A 40mm round, with a green foam projectile. Projectile contains green marking powder.

Description from the manufacturer’s website: “40 mm Direct Impact® Round. This lightweight, high-speed projectile consists of a plastic body and a crushable foam nose. The green foam nose indicates that the round contains a marking agent.”
Use: Less lethal impact weapon. Provides user the ability to deploy a kinetic weapon at a distance. Allows the user to remain behind cover or in a safe position while engaging actively violent and dangerous subjects. The round also disburses green powder at the point of impact, assisting officers with identifying violent subjects.

Lifespan: 5 years
Training/Certification Required: Department Use of Force Training Policy #300 – Use of Force, Policy #303 – Control Devices and Techniques, Policy #306 – Firearms, Policy #433 – First Amendment Assemblies
Agenda Packet Page 130 of 360
8 Military Equipment Not Owned, Sought or Maintained by the El Cerrito Police Department Equipment Owned and/or Utilized by Law Enforcement Agencies with which the El Cerrito Police Department Collaborates and/or Participates for Law Enforcement Purposes Unmanned, Remotely Piloted, Powered Aerial or Ground vehicles – Govt. Code 7070(c)(1) Various ground robots and aerial drones are deployed by agencies in the San Francisco Bay Area Quantity: Outside Owned. Not owned or sought by the ECPD, unless otherwise noted in preceding section.

Cost: Unknown
Annual Maintenance: Unknown
Description: Remotely operated robotic vehicles of various types.

Use: Multiple. Aerial drones can be used for overhead photography and searches, including with infrared camera systems. Ground based drones can be used to search, remotely deliver, communicate, or retrieve items, and aid in bomb detection and disarming. Drones are typically used in situations which are too dangerous for humans, as in bomb disarming, or more cost effective than other methods, as in the use of an aerial drone instead of a helicopter.

Lifespan: Varies
Training/Certification Required: Dependent upon agency and drone type.

Policy 409 – Response to Bomb Calls, Policy #607 – Unmanned Aerial Systems (UAS) Operations Mine-Resistant Ambush-Protected (MRAP) Vehicles or Armored Personnel Carriers - Govt. Code 7070(c)(2)
Various armored vehicles are deployed by agencies in the San Francisco Bay Area Quantity: Outside Owned. Not owned or sought by the ECPD.

Cost: Unknown
Annual Maintenance: Unknown
Description: Large truck or Armored Personnel Carrier covered in bullet resistant material.

Use: Transportation of people and equipment in a gunfire protected vehicle. Protected approach during active shooter incident. Protected evacuation of civilians during active shooter incident. Sometimes used in conjunction with a SWAT team call out event.

Lifespan: Varies
Training/Certification Required: Dependent upon agency and vehicle type.

Policy #704 – Vehicle Use
Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units - Govt. Code 7070(c)(5) Various command vehicles are deployed by agencies in the San Francisco Bay Area Quantity: Outside Owned. Not owned or sought by the ECPD unless otherwise noted in preceding section.

Cost: Unknown
Annual Maintenance: Unknown
Description: Van or Recreational Vehicle equipped with support equipment, often including chairs, desks, communications equipment, and computers. May contain a bathroom.

Use: Planning and coordination center during major incidents and disasters.

Agenda Packet Page 131 of 360
9 Lifespan: Varies
Training/Certification Required: Dependent upon agency and vehicle type.

Policy #704 – Vehicle Use, Policy #433 – First Amendment Assemblies, Battering rams, slugs, and breaching apparatuses that are explosive in nature - Govt. Code 7070(c)(7) Breaching Slugs are equipment used by SWAT teams.

Quantity: Outside Owned. Not owned or sought by the ECPD.

Cost: Unknown
Annual Maintenance: Unknown
Description: Projectile designed to defeat a lock.

Use: Open barricaded doors, gates, windows, or other points of entry, by a SWAT team. Entry using a breaching apparatus will typically be supported by a search warrant, but may be used in the event of an active shooter incident.

Lifespan: Varies
Training/Certification Required: POST Certified Training amongst outside agencies.

Policy #300 – Use of Force, Policy #306 – Firearms
Specialized firearms and ammunition of less than .50 caliber - Govt. Code 7070(c)(10) Various rifles and accompanying ammunition are used by agencies in the San Francisco Bay Area.

Quantity: Outside Owned. Not owned or sought by the ECPD unless otherwise noted in preceding section.

Cost: Unknown
Annual Maintenance: Unknown
Description: Firearms that may be bolt-action, semi-automatic or automatic. May be equipped with a telescopic sight for high accuracy. An example could be a submachine gun or sniper rifle used by a swat team.

Use: Engage a target with lethal force when necessary and high precision is needed.

Lifespan: Varies
Training/Certification Required: POST Certified Training.

Policy #300 – Use of Force, Policy #306 – Firearms, Policy #417 Patrol Rifle “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls” - Govt. Code 7070(c)(12)
Various devices are used by SWAT teams in the San Francisco Bay Area.

Quantity: Outside Owned. Not owned or sought by the ECPD, unless otherwise noted in preceding section.

Cost: Unknown
Annual Maintenance: Unknown
Description: Varies. Distraction devices, irritant dispersal, breaching devices. May be deployed through a compressed air powered launcher or a handheld projectile.

Use: Distraction, irritation, or opening barricaded doors.

Lifespan: Varies
Training/Certification Required: Dependent upon agency and type.

Agenda Packet Page 132 of 360
10 Policy: Policy #300 – Use of Force, Policy #303 – Control Devices and Techniques, Policy #306 – Firearms, Policy #433 – First Amendment Assemblies
Long Range Acoustic Device (LRAD) - Govt. Code 7070(c)(13) Long Range Acoustic Device (LRAD)
Quantity: Outside Owned. Not owned or sought by the ECPD.

Cost: Unknown
Annual Maintenance: Unknown
Description: Sound amplification device
Use: Communication during crowd control, civil emergencies, natural disasters, police incidents and evacuations. May also be used to sound a warning tone.

Lifespan: Varies
Training/Certification Required: Dependent upon agency and type.

Policy #433 – First Amendment Assemblies
Agenda Packet Page 133 of 360

AGENDA BILL
Agenda Item No. 7.B.

Date: May 17, 2022
To: El Cerrito City Council
From: Sandra Dalida, Finance Director/Treasurer, Finance Department Subject: Public Hearing on Master Fee Schedule Revisions for Fiscal Year 2022- 23 ACTION PROPOSED
Conduct a public hearing, and upon conclusion adopt a resolution approving the Fiscal Year 2022-23 Master Fee Schedule.

BACKGROUND
The Master Fee Schedule, which includes all City user fees, charges for services, and business license tax rates, is revised annually, as required by El Cerrito Municipal Code §4.01.010.

Adjustments to fees and charges for service are intended to cover changes in the City’s cost of providing programs and services. Each year, changes in costs are analyzed and adjustments are proposed. In some cases, a proposed fee may not fully cover the cost of the program or services, but maintaining or reducing the fee may be necessary to maintain alignment with other cities and organizations that have comparable programs.

Increases in fees must also be analyzed to be consistent with legal restrictions and regulatory guidelines.

The City's methodology used to formulate the proposed changes has been derived from the ABAG Consumer Price Indices and Consumer Price Index from the U.S. Bureau of Labor Statistics for the Western Metropolitan Area (San Francisco-Oakland-Hayward).

ANALYSIS
City staff have reviewed and proposed fees with a focus on cost recovery and decreasing subsidized costs as recommended in the State Auditor's Report. The FY 20022-23 Proposed Master Fee Schedule does not include any new fees or significant fee increases/decreases.

The FY 2022-23 proposed fee changes reflect an approximate increase of 4.0% for most fees, excluding fees governed by regulatory or other restrictions or allowable cost recovery recommendations. The primary adjustment factors are market conditions including competitive pricing, staffing changes, and/or re-evaluation of costs for services. Also, several fee line items have been moved to other fee sub-categories.

Attachment 2, FY 2022-23 Proposed Master Fee Schedule, details proposed fee changes, other adjustments, or movement/relocation of fees to other fee subcategories.

Agenda Packet Page 134 of 360
Agenda Item No. 7.B.

STRATEGIC PLAN CONSIDERATIONS
The Master Fee Schedule is the basis for all City-wide fees and charges. Approving the attached resolution is consistent with Goal B: Achieve long-term financial sustainability by allowing the City to ensure that City-wide revenue meets the cost of providing Citywide services.

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

FINANCIAL CONSIDERATIONS
The revenue generated by fees, charges for service, and business license taxes will be included in the City’s FY 2022-23 proposed budget based on the Master Fee Schedule approved by the City Council.

LEGAL CONSIDERATIONS
Except for Development Fees, which will become effective 60 days after approval of this schedule, all fees listed in the Master Fee Schedule will become effective July 1, 2022, on the first day of the fiscal year.

As required by California Government Code §66018(a), the City is required to conduct a public hearing prior to adopting Planning, Building, and some other new fees or fee increases. Notification of this public hearing was completed in accordance with State law and the El Cerrito Municipal Code. Notice was emailed to individual/entities that have previously requested to be notified regarding development fees on May 3, 2022; publicly posted on May 4, 2022; and published in the West County Times on May 7 and May 13, 2022.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution

2. Exhibit A - Proposed Master Fee Schedule 2022-23
Agenda Packet Page 135 of 360
Agenda Item No. 7.B.

Attachment 1
RESOLUTION 2022–XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO ADOPTING REVISIONS TO THE MASTER FEE SCHEDULE FOR FISCAL YEAR 2022-23 WHEREAS, El Cerrito Municipal Code Section 4.01.010 requires that prior to July 1st of each year, the City Council shall consider and adopt the schedule of all general and special fees and charges to be known as the Master Fee Schedule; and WHEREAS, the City Council desires to update currently established fees to cover inflation and City costs, which form the basis for the majority of the changes, as well as to establish new fees in keeping with City Council policy direction; and WHEREAS, utilizing a rounding factor provides ease to our customers and our staff in the payment of these fees; and
WHEREAS, the City’s Municipal Code requires that Business License Taxes be revised based on the percent change from the February 1988 figure of 117.0 in the Revised Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland Bay Area as published by the Department of Labor for the month of February prior to the fiscal year in which the rate adjustment is applicable; and WHEREAS, market-driven fees and service charges are adjusted based on factors to keep those fees and charges comparable to those charged by entities providing similar services; and
WHEREAS, a public hearing has been noticed and held in accordance with Government Code Sections 6062a, 66016, 66017 and 66018.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito hereby adopts the fees and services charges in the Proposed Master Fee Schedule for the City of El Cerrito (as shown in Exhibit A), which is hereby attached and by this reference made a part hereof, for FY 2022-23.

BE IT FURTHER RESOLVED that the City Council of the City of El Cerrito hereby confirms the adjustments to the Business License Tax rates, also as appearing in the Master Fee Schedule.

BE IT FURTHER RESOLVED that the fees, charges, and taxes in the Proposed Master Fee Schedule will become effective on July 1, 2022, except for Development Fees, which will become effective 60 days after approval of this resolution, and Swim Center, Day and Overnight Camps, and Preschool Fees, which will become effective on September 1, 2022.

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

Agenda Packet Page 136 of 360
Agenda Item No. 7.B.

Attachment 1
I CERTIFY that at a regular meeting on May 17, 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:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on May , 2022.
________________________
Holly M. Charléty, City Clerk
APPROVED:
________________________
Gabe Quinto, Mayor
Agenda Packet Page 137 of 360
1 per page $ 0.10 4.0% $ 0.01 $ 0.11
per request $ 5.00 0.0% $ - $ 5.00 fixed rate set by FPPC per page $ 0.22 4.0% $ 0.01 $ 0.23
actual cost actual cost actual cost actual cost no change each no cost no cost $ - $ - no change
2 copy charge per page +
mailing cost actual cost actual cost actual cost actual cost no change copy charge per page
+ mailing cost actual cost actual cost actual cost actual cost no change each $ 144.00 4.0% $ 5.76 $ 150
each + photocopy
charge above $ 39.00 4.0% $ 1.56 $ 41
each $ 125.00 4.0% $ 5.00 $ 130
each $ 4.00 4.0% $ 0.16 $ 4
per page $ 0.18 4.0% $ 0.01 $ 0.19
each $ 25.00 4.0% $ 1.00 $ 26
each $ 52.00 4.0% $ 2.08 $ 54
each $ 9.00 4.0% $ 0.36 $ 9
each $ 4.00 4.0% $ 0.16 $ 4
each $ 9.00 4.0% $ 0.36 $ 9
each $ 21.00 4.0% $ 0.84 $ 22
each $ 5.00 4.0% $ 0.20 $ 5
each $ 9.00 4.0% $ 0.36 $ 9
each $ 4.00 4.0% $ 0.16 $ 4
each $ 5.00 4.0% $ 0.20 $ 5
each $ 52.00 4.0% $ 2.08 $ 54
per page $ 0.49 4.0% $ 0.02 $ 1
3 each $ 3.00 4.0% $ 0.12 $ 3
each $ 5.00 4.0% $ 0.20 $ 5
each $ 39.00 4.0% $ 1.56 $ 41
4 Based on Code Based on Code Based on Code Based on Code Based on Code 5 per CD $ 9.00 4.0% $ 0.36 $ 9
per DVD $ 17.00 4.0% $ 0.68 $ 18
6 per sheet $ 4.00 4.0% $ 0.16 $ 4
1 per notarization $ 15.00 $ - $ - $ 15 State fixed rate per notarization no cost $ - $ - $ - no cost
each $ 6.00 4.0% $ 0.24 $ 6
labor and overhead actual cost actual cost actual cost actual cost no change pro-rated salary, 15-
min increment $ 4.00 4.0% $ 0.16 $ 4
2 unpaid balance 1.5% per month 1.5% per month no change 1.5% per month no change per check $ 26.00 0.0% $ - $ 26 no change
per copy $ 7.00 4.0% $ 0.28 $ 7
per transaction actual cost actual cost actual cost actual cost no change 3 per license $ 81.00 -100.0% $ (81.00) $ -
Adopted
FY 2021-22
Total Fee Amount
(variance due to
rounding)
% Increase $ Increase
Citywide Services
Proposed FY 2022-23
Item Description Basis Comments
Budget, Final or Proposed
Printing, Reproduction, Documents
Photocopies
Photocopies (8 1/2" x 14" or smaller)
Retrieval fee for Campaign Statements older than 5 years Photocopies (larger than 8 1/2" x 14")
Photocopies, including mail & administrative costs
Application forms, information sheets
Public Meeting Materials
City Council Meeting Materials (Agendas, Packets & Minutes) Other Board, Commission, and Committee Meeting Materials (Agendas, Packets & Minutes)
Report on the Redevelopment Plan
Business License Listing
Comprehensive Annual Financial Reports (CAFRs)
Economic Development Strategy & Action Plan
Fire Investigative Reports
General Plan Environmental Impact Report (EIR), 1999
General Plan, 1999
Master Fee Schedule
Parking Guidelines
Redevelopment Plan
Redevelopment Plan Environmental Impact Report (EIR)
Redevelopment Implementation Plan
Electronic Media—CD-ROM Copy
Subdivision Ordinance
Zoning Map
Zoning Ordinance
Miscellaneous Bound Reports
Maps
City Maps (First sheet includes search and restock cost per original searched.)
Special Studies Maps, 11" x 17"
Special Studies Maps, 36" x 54"
Subpoena Duces Tecum
per CA Evidence Code §1563
Electronic Media
Finance Charge on fees remaining unpaid for a period exceeding 30 days (unless the ordinance establishing the fee provides for a penalty in a different amount)
Electronic Media—DVD of Council Meeting
Microfilm/Microfiche
Fee per sheet or total hourly cost, whichever is greater. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.

Miscellaneous Services and Charges
Notary, Certification, Legal and Special Services
Notary Services for Non-City employees (Set by Calif. Secretary of State)
Notary Services for City employees
City Clerk Document Certification
Legal Fees—Recovery of legal costs in lawsuits and other instances when the City could be entitled to reimbursement of legal costs.

Special City services—For special services provided by City staff where special interest are served (other than the general public).

Overhead charges for City-sponsored public events may vary from this policy.

Finance Charges
Returned Check Fee
Duplicate Business License Certificate
Credit Card Transaction Fee
Business License Related Fees
Business Enrollment
Agenda Packet Page 138 of 360
Adopted
FY 2021-22
Total Fee Amount
(variance due to
rounding)
% Increase $ Increase
Citywide Services
Proposed FY 2022-23
Item Description Basis Comments
per license $ 26.00 -100.0% $ (26.00) $ -
per license $ 4.00 -100.0% $ (4.00) $ -
4 per year $ 36.00 4.0% $ 1.44 $ 37.44
each $ 36.00 4.0% $ 1.44 $ 37.44
5 per meeting $ 42.00 4.0% $ 1.68 $ 43.68
6 Per location $ 466.00 20.7% $ 484.00
Per location $ 475.00 20.7% $ 484.00
Hourly actual cost actual cost actual cost actual cost no change 7 per unit $ 40.00 4.0% $ 1.60 $ 41.60
8 per filing $ 200.00 0.0% $ - $ 200.00 no change
9 Code Enforcement
Administration Citation Fee $ 19.00 0.0% $ - $ 19.00 no change Business License Renewal
Accessibility Compliance and Education Fee (State mandated SB 1186)
Parking Permits
1 to 3-year cycles
14-day Temporary Parking Permit
Election Related Filing Fees
Citizen Initiative Petition Filing Fee (refunded if petition qualifies within one year of filing)
Tobacco retailer license renewal
Tobacco Retailer License Program Fees
Tobacco retailer license (initial licenseO
Re-inspection fee (for non-compliant businesses)
Rent Registry
Rent Registry
Use of Council Chambers (Government Agencies Only)
Agenda Packet Page 139 of 360
1 Services & Fees
Fingerprinting, Solicitor or other (plus Department of Justice Fees*) per set $ 51 0.00% $ - $ 51
appointments are down; price
not competitive; maintain current
fee
Citation Sign-offs—Resident per citation no cost 0.00% $ - $ - no change Citation Sign-offs—Non-Resident per citation $ 25 0.00% $ - $ 25 no change VIN Verification per verification $ 51 0.00% $ - $ 51 no change Alcohol Beverage Control One Day License per letter $ 51 0.00% $ - $ 51 no change False Alarm Response (1st incident) each no cost 0.00% $ - $ - no change False Alarm Response (2nd through 5th incident) each $ 92 0.00% $ - $ 92 no change False Alarm Response (6th and subsequent incidents) each $ 198 0.00% $ - $ 198 no change Non-permitted Alarms each $ 127 0.00% $ - $ 132 no change Vehicle Removal/Vehicle Release Fee [Towed vehicles abandoned or stored on a public street and vehicles towed pursuant to 14602.6; 14607.6; 22651(b),(d), (e), or (h) through (r); 22651.3, 22651.5, 22651.5 (a); 22652.5;22658; 22660; or 22669 of the California Vehicle Code]
per release $ 161 2.75% $ 4.43 $ 165
DUI Cost Recovery Fee* ($1,000 maximum) per 30 min increments actual cost to max actual cost to max
actual cost to
max actual cost to max no change
Firearm Storage Fee initial $ 25 4.00% $ 1.00 $ 26
Firearm Storage Fee per day $ 1 0.00% $ - $ 1 no change Weapons Seizure, Storage & Return each $ 206 0.00% $ - $ 206 no change 2 Reports, Photocopies & Records
Clearance Letter each $ 26 0.00% $ - $ 26 no change
Report Copy $ 7 0.00% $ - $ 7 no change
Traffic Collision Report Copy per report $ 7 0.00% $ - $ 7 no change Police Photographs, audio tapes & videotapes & CDs actual cost + fee $ 36 0.00% $ - $ 36 no change 3 Permits $ -
Concealed Weapons Permit (plus Department of Justice Fees*) each $ 102.00 4.00% $ 4.08 $ 106 no change Peddler/Solicitor Permit each $ 414.00 0.00% $ - $ 431 no change Permit to Sell Firearms—Initial Permit each $ 362.00 0.00% $ - $ 376 no change Permit to Sell Firearms—Annual Renewal each $ 178.00 0.00% $ - $ 185 no change Taxi Permit Processing Fee each $ 194.00 0.00% $ - $ 202 no change Taxicab Drivers Permit each $ 90.00 0.00% $ - $ 94 no change Second-Hand Dealer's Permit each $ 510.00 0.00% $ - $ 530 no change Bingo Permit each $ 219.00 0.00% $ - $ 228
Alarm Permit - Residential and Commercial each $ 34.00 2.86% $ 0.97 $ 35 Alarm Permit Renewal each $ 19.00 5.00% $ 0.95 $ 20
Block Party Permit each $ 49.00 0.00% $ - $ 49 no change Parade Permit each $ 316.00 0.00% $ - $ 316 no change
Street Closure Permit each $ 87.00 0.00% $ - $ 87 no change * Determined by State of California Determined by State Determined by State
Determined by
State Determined by State no change
4 Police Department Hourly Rates
Police Chief -ST hourly $ 224.00 hourly rate hourly rate $ 217 changes based on hourly rate Police Chief - OT hourly $ 336.00 hourly rate hourly rate $ 325 changes based on hourly rate Police Captain - ST hourly $ 218.00 hourly rate hourly rate $ 211 changes based on hourly rate Police Captain - OT hourly $ 327.00 hourly rate hourly rate $ 316 changes based on hourly rate Police Lieutenant - ST hourly $ 186.00 hourly rate hourly rate $ 184 changes based on hourly rate Police Lieutenant - OT hourly $ 279.00 hourly rate hourly rate $ 275 changes based on hourly rate Police Sergent/Investigations Assignment-ST hourly $ 158.00 hourly rate hourly rate $ 151 changes based on hourly rate Police Sergent/Investigations Assignment-OT hourly $ 237.00 hourly rate hourly rate $ 226 changes based on hourly rate Police Corporal - ST hourly $ 127.00 hourly rate hourly rate $ 120 changes based on hourly rate Police Corporal - OT hourly $ 190.00 hourly rate hourly rate $ 180 changes based on hourly rate Police Officer - ST hourly $ 80.00 hourly rate hourly rate $ 78 changes based on hourly rate Police Office - OT hourly $ 120.00 hourly rate hourly rate $ 117 changes based on hourly rate Records Supervisor - ST hourly $ 92.00 hourly rate hourly rate $ 89 changes based on hourly rate Records Supervisor - OT hourly $ 135.00 hourly rate hourly rate $ 134 changes based on hourly rate Police Executive Assistant - ST hourly $ 51.00 hourly rate hourly rate $ 51 changes based on hourly rate Police Executive Assistant - OT hourly $ 77.00 hourly rate hourly rate $ 77 changes based on hourly rate Senior Records Specialist- ST hourly $ 73.00 hourly rate hourly rate $ 69 changes based on hourly rate Senior Records Specialist - OT hourly $ 109.00 hourly rate hourly rate $ 104 changes based on hourly rate Police Records Specialist - ST hourly $ 62.00 hourly rate hourly rate $ 56 changes based on hourly rate Police Records Specialist - OT hourly $ 91.00 hourly rate hourly rate $ 85 changes based on hourly rate Cadet - ST hourly $ 23.00 hourly rate hourly rate $ 23 changes based on hourly rate Cadet - OT hourly $ 35.00 hourly rate hourly rate $ 35 changes based on hourly rate 5 Parking Violation Fines
Violation Section
Obstruction or interference with Officers 11.12.020 $ 97.00 3.00% $ 2.91 $ 100 Barriers & Signs 11.28.040b $ 91.00 4.00% $ 3.64 $ 95
City Parking Lot 11.40.020 $ 72.00 4.00% $ 2.88 $ 75
Parking on Sidewalk or Curb Prohibited 11.40.030 $ 71.00 4.00% $ 2.84 $ 74 Vehicle Storage-Parking in excess of 72 hours 11.40.050a $ 80.00 4.00% $ 3.20 $ 83 Vehicle Storage-Trailer Parked on Street Overnight 11.40.050c $ 72.00 4.00% $ 2.88 $ 75 Vehicle Storage-Parking for the purpose of engaging in vehicle sale 11.40.050d $ 63.00 4.00% $ 2.52 $ 66 Parking for Certain Purposes-On Street for Sale 11.40.060a $ 95.00 4.00% $ 3.80 $ 99 Parking for Certain Purposes-on Street for Repairs 11.40.060b $ 80.00 4.00% $ 3.20 $ 83 Parking for Certain Purposes-on Street when charging for washing/polishing 11.40.060c $ 80.00 4.00% $ 3.20 $ 83
Parking Regulations in Certain Zones 11.40.070 $ 80.00 4.00% $ 3.20 $ 83 Angle and Parallel Parking Signs-Loading Clearance between Vehicle and Street 11.40.080b $ 72.00 4.00% $ 2.88 $ 75 Angle and Parallel Parking Signs-Loading Clearance between other Street 11.40.090a $ 72.00 4.00% $ 2.88 $ 75
Loading and Unloading-Angle to Curb 11.40.090b $ 72.00 4.00% $ 2.88 $ 75 Grades-Wheels not Turned 11.40.100 $ 80.00 4.00% $ 3.20 $ 83 Emergency Parking Signs 11.40.130b $ 72.00 4.00% $ 2.88 $ 75 Curb Markings 11.40.160b $ 72.00 4.00% $ 2.88 $ 75
Proposed FY 2022-23
% Increase $ Increase Comments
(variance due to
rounding)
Total Fee Amount
Police Department
Item Description Basis
Adopted
FY 2021-22
Agenda Packet Page 140 of 360
Proposed FY 2022-23
% Increase $ Increase Comments
(variance due to
rounding)
Total Fee Amount
Police Department
Item Description Basis
Adopted
FY 2021-22
Bus Zone 11.40.190e $ 255.00 2.00% $ 5.10 $ 260
Parking-Limited Time 11.40.210 $ 72.00 4.00% $ 2.88 $ 75 Parking-Prohibited during Certain Hours 11.40.230 $ 72.00 4.00% $ 2.88 $ 75 Parking-Prohibited at all Times 11.40.240 $ 72.00 4.00% $ 2.88 $ 75 Parking on Private Property 11.44.040 $ 72.00 4.00% $ 2.88 $ 75 Violations Designated-4 Hour Permit Parking 11.68.050a $ 92.00 4.00% $ 3.68 $ 96 Any ECMC parking violation not listed above shall be subject to a civil penalty $ 72.00 4.00% $ 2.88 $ 75
6 Curfew Violation Fines $ -
Daytime (8:00 am - 2 pm) 1st offense $ 66.00 0.00% $ - $ 66.00 no change Daytime (8:00 am - 2 pm) 2nd offense within one year $ 131.00 0.00% $ - $ 131.00 no change Daytime (8:00 am - 2 pm) 3rd offense within one year of 2nd offense $ 260.00 0.00% $ - $ 260.00 no change
Nighttime (10:00 pm - 5 am) 1st Offense $ 68.00 0.00% $ - $ 68.00 no change Agenda Packet Page 141 of 360
Adopted Proposed
FY 2021-22 FY 2022-23
1 Occupancy Inspection Fees
Fire Safety Inspection: Annual Inspection plus one (1) re-inspection $ 295 $ 295 Educational Inspection-Public Schools (Group E): Annual Inspection plus one (1) re-inspection N/C N/C Educational Inspection-Private Schools (Group E): Annual Inspection plus one (1) re-inspection $ 295 $ 310 Hotels & Apartments (Group R-1): < 15 Units Annual Inspection plus one (1) re-inspection $ 195 $ 195 Hotels & Apartments (Group R-1): 15-99 Units Annual Inspection plus one (1) re-inspection $ 295 $ 465 Hotels & Apartments (Group R-1): 100-249 Units Annual Inspection plus one (1) re-inspection $ 443 $ 610 Hotels & Apartments (Group R-1): 250 or more Units Annual Inspection plus one (1) re-inspection $ 590 $ 790 Residential (R-3) Single Family Requested Fire Safety Inspection Free Free Day Care (Group R-3): Annual Inspection plus one (1) re-inspection $ 295 $ 310 Additonal Reinspections $ 195 $ 205
2 Operational Permits & Inspection Fees
Assembly Permit: Requires Fire Safety Inspection $ 295 $ 97 Christmas Tree Lot Operation Permit $ 295 $ 310
Compressed Gas Permit: Requires Occupancy Inspection $ 148 $ 97 Demolition Permit: Includes pre and post inspections $ 590 $ 620 Dispense & Store Flammable Liquid Permit: Requires Occupancy Inspection $ 148 $ 97 Dry Cleaning Permit: Requires Fire Safety Inspection $ 148 $ 97 Fire Alarm Annual Inspection: Requires Occupancy Inspection $ 148 $ 97 Food Booth Permit $ 222 $ 310
Hood & Duct Annual Inspection: Requires Fire Safety Inspection $ 148 $ 97 Model Rocket Permit Free Free
Repair Garage Permit: Requires Occupancy Inspection $ 295 $ 97 Open Burning Permit: Residential Free Free
Open Flame in an Assembly Permit: Requires an Assembly Inspection $ 148 $ 97 Sprinkler & Standpipe Annual Inspection: Requires Occupancy Inspection $ 148 $ 97 Membrane Structure, Tent or Canopy Permit $ 295 $ 316
Underground Tank Removal Permit: Includes pre and post inspections $ 590 $ 590 Welding & Cutting Permit:Requires Occupancy Inspection $ 295 $ 97 Miscellaneous No- Action Permits Free Free
3 Plan Review
Preliminary Plan Reivew: Residential Remodel (1-2 family units) $ 404 $ 404 Preliminary Plan Reivew: Residential/ADU (1-2 family units) $ 530 $ 530 Preliminary Plan Reivew: Commercial (including multi-family/apartment/condo/townhouse) $ 732 $ 732 New Construction Plan Check & One Site Inspection (< 4999 sq. ft.) $ 513 $ 513 New Construction Plan Check & Site Inspection (>5000 sq. ft., each add'l 1000 sq. ft.) $ 203 $ 203 Additional Site Inspections $ 195 $ 195
Fire Alarm System Plan Review: First 25 Devices $ 404 $ 404 Fire Alarm System Plan Review: each additional 25 Devices or Portion Thereof $ 126 $ 126 Fire Alarm System On Site Inspection: First 25 Devices $ 328 $ 328 Fire Alarm System Inspection: each additional 25 Devices or Portion Thereof $ 126 $ 126 Halon System Plan Review and One Field Inspection $ 454 $ 454 Hood & Duct Plan Review and One Field Inspection $ 454 $ 454 Medical Gas Plan Review and One Field Inspection $ 454 $ 454 Sprinkler System Plan Review: Residential- First 25 Heads (New or Modify 1 -2 family units) $ 404 $ 404 Sprinkler System Plan Review: Residential- Each Additional 25 Heads (New or Modify) $ 202 $ 202 Sprinkler Systems Field Inspections Residential: Rough in & Final - First 25 heads $ 328 $ 328 Sprinkler Systems Field Inspections Residential: Rough in & Final - Each Additional 25 heads $ 126 $ 126 Sprinkler System Plan Review: Commercial (New)- First 25 Heads (includes multi-familiy) $ 606 $ 606 Sprinkler System Plan Review: Commercial (New)- Each Additional 25 Heads or Portion Thereof $ 202 $ 202 Sprinkler Systems Field Inspections Commercial: First 25 heads $ 530 $ 530 Sprinkler Systems Field Inspections Commercial: Each Additional 25 heads $ 195 $ 195 Underground Review and Inspection $ 126 $ 126
Fire Department
Each
Each
Each
Item Description Basis
Agenda Packet Page 142 of 360
Adopted Proposed
FY 2021-22 FY 2022-23
Fire Department
Item Description Basis
Standpipe System Plan Review & Inspection $ 706 $ 706
Additional Risers $ 126 $ 126
Fire Pumps & Related Equipment Plan Review and Two Field Inspections (Acceptance) $ 454 $ 454 Hydrant Water Flow Test for Sprinkler Calculations (per Test) $ 195 $ 195 Emergency Responder Radio Communication System (ERRCS) Plan Review & Inspection $ 454 $ 454

3.1 Vegetation Management
Vegetation Management Parcel Inspection and 1 reinspection Free Free Additional Inspections $ 126 $ 126
Vegetation Abatement Fees Actual Cost + 10% Actual Cost + 10% Court Fees Actual Cost + 10% Actual Cost + 10%
4 CERT Classes
CPR Classes - El Cerrito & Kensington Residents $ 55 $ 55 First Aid - El Cerrito & Kensington Residents $ 55 $ 55 CPR Classes - Non- Residents $ 65 $ 65
First Aid - Non-Residents $ 65 $ 65
False Alarms
1st False Alarm $ - $ -
2-5 False Alarms in 12 Months $ 145 $ 145
6-10 Flase Alarms in 12 Months $ 182 $ 182
11 or Over Flase Alarms in 12 months $ 590 $ 590
Supplies Used actual cost actual cost
Equipment Destroyed actual cost actual cost
6 Fire Department Hourly Rates
Fire Apparatus Response or Standby Charge per hour (Engine) $ 400 $ 400 Fire Apparatus Response or Standby Charge per hour (Truck) $ 500 $ 500 Fire Apparatus Response or Standby Charge per hour (Command) $ 200 $ 200 Fire Investigation per hour (plus costs) $ 397 $ 397
Fire Chief - ST $ 202 $ 202
Fire Chief - OT $ 303 $ 303
Battalion Chief - Training - ST $ 128 $ 128
Battalion Chief - Training - OT $ 192 $ 192
Battalion Chief - ST $ 134 $ 134
Battalion Chief - OT $ 201 $ 201
Captain-Fire Prevention - ST $ 126 $ 126
Captain-Fire Prevention - OT $ 189 $ 189
Captain-Paramedic - ST $ 119 $ 119
Captain-Paramedic - OT $ 178 $ 178
Captain - ST $ 109 $ 109
Captain - OT $ 163 $ 163
Engineer/Paramedic - ST $ 105 $ 105
Engineer/Paramedic - OT $ 158 $ 158
Engineer - ST $ 97 $ 97
Engineer - OT $ 146 $ 146
Firefighter/Paramedic - ST $ 71 $ 71
Firefighter/Paramedic - OT $ 106 $ 106
Firefighter - ST $ 55 $ 55
Firefighter - OT $ 82 $ 82
Fire Executive Assistant - ST $ 58 $ 58
Fire Executive Assistant - OT $ 87 $ 87
Each
Per Hour
Each
5 Agenda Packet Page 143 of 360
FY 2023
CPI-U Rate (Per
ECMC 4.32.381)
Adopted Increase
variance due to
rounding
FY 2021-22 3.4%
$81 $84
$27 $28
$4 $4
Apt. Houses, Duplexes, In-laws
& Single Family Units
Per Unit $119 $123
a. Fixed Place of Business
(Annual)
Employer Only $333 $344
" + 1 employee $333 $344
" + 2 employees $381 $394
" + 3 employees $429 $444
" + 4 employees $478 $494
" + 5 employees $526 $544
" + 6 employees $574 $594
" + 7 employees $623 $644
" + 8 employees $671 $694
" + 9 employees $719 $743
" + 10 employees $768 $794
Each Additional Employee $48 $50
b. Professional Offices
(Annual)
Employer Only $404 $418
" + 1 employee $404 $418
" + 2 employees $453 $468
" + 3 employees $501 $518
" + 4 employees $550 $568
" + 5 employees $598 $618
" + 6 employees $646 $668
" + 7 employees $695 $719
" + 8 employees $743 $768
" + 9 employees $792 $819
" + 10 employees $839 $868

4.32.231 231

4.32.230 T23

4.32.231 T23

4.32.230 T23

4.32.230 T23
Business License All Others (10-000-4051-00-00)

4.32.230 T23

4.32.260 260
Exemption Level (Casual and Fine Arts Teachers) 4.32.080 Business License Residential Rentals (10-000-4052-00-00) Accessibility Compliance and Education Fee per license
(State Mandated AB 1379)
Business Enrollment per license
Business License Renewal per license
Business License
Item Description Municipal Code Section Code
Agenda Packet Page 144 of 360
FY 2023
CPI-U Rate (Per
ECMC 4.32.381)
Adopted

Increase
variance due to
rounding
FY 2021-22 3.4%

Business License
Item Description Municipal Code Section Code
Each Additional Employee $48 $50
c. Contractors &
Subcontractors
Quarterly $143 $148
Semiannually $240 $248
Annually $429 $444
d. Home Occupations
(Annual) $240 $248
e. Casual Business
Quarterly $70 $72
Annually $282 $292
f. Delivery Vehicles (Per
Vehicle) $191 $197
g. Fine Arts Teachers (Per
Teacher) $77 $80
h. Hotels & Motels
Base Fee $476 $492
Plus, per Unit Fee $20 $21
i. Trailer Courts
Base Fee $476 $492
Plus, per Unit Fee $20 $21
j. Restaurants & Nightclubs $953 $985
k. Public Amusement

1. Amusement Rides &
Shows
First Day $191 $197
Each Additional Day $96 $99

2. Billiards, Bagatelle,
Pool Tables
Per Table, in Addition to
Other Applicable $96 $99

3. Bowling Lanes

4.32.300 301

4.32.300 300

4.32.290 290

4.32.280 280

4.32.270 270

4.32.251 250

4.32.255 255

4.32.246 247

4.32.246 246

4.32.245 245

4.32.240 242

4.32.240 241

4.32.240 240

4.32.231 231
Agenda Packet Page 145 of 360
FY 2023
CPI-U Rate (Per
ECMC 4.32.381)
Adopted

Increase
variance due to
rounding
FY 2021-22 3.4%

Business License
Item Description Municipal Code Section Code
First Lane $505 $522
Each Additional Lane $50 $52
4a. Circus (=<4,000 seats)
First Day $1,430 $1,479
Each Additional Day $953 $985
4b. Carnival & Circus
(>4,000 seats)
First Day $2,858 $2,955
Each Additional Day $1,905 $1,970

5. Motion Picture Theater
& Plays
Quarterly $191 $197
Semiannually $383 $396
Annually $763 $789

6. Public Dance
Daily $143 $148
Quarterly $476 $492

7. Amusement Not
Otherwise Defined
Educational - Daily $143 $148
Educational - Quarterly $476 $492
Noneducational - Daily $4,762 $4,924
l. Distribution and Circulation
of Advertising Matter
Quarterly $476 $492
m. Amplification Vehicles
(Per Day) $4,762 $4,924
n. Taxicabs (Per Vehicle) $286 $296
o. Auctioneer
Daily $240 $248
Annually $1,905 $1,970

4.32.340 340

4.32.340 341

4.32.320 320

4.32.330 330

4.32.310 313

4.32.300 311

4.32.300 312

4.32.300 310

4.32.300 308

4.32.300 309

4.32.300 306

4.32.300 305

4.32.300 307

4.32.300 304

4.32.300 303

4.32.300 302

4.32.300 302
Agenda Packet Page 146 of 360
FY 2023
CPI-U Rate (Per
ECMC 4.32.381)
Adopted

Increase
variance due to
rounding
FY 2021-22 3.4%

Business License
Item Description Municipal Code Section Code
p. Vehicle Parking Lot
Per Lot $384 $397
Plus per 100 square feet $39 $40
q. Pawnbroker and Check
Casher $953 $985
r. Patrol Services
Employer Only $333 $344
" + 1 employee $333 $344
" + 2 employees $381 $394
" + 3 employees $429 $444
" + 4 employees $478 $494
Each Additional Employee $48 $50
s. Peddler & Solicitors
Quarterly $476 $492
Annually $1,905 $1,970
t. Ice Cream Vendor
Quarterly $155 $160
Annually $465 $481
u. Temporary Sales $401 $415
v. Bingo $63 $65
Pursuant to California Penal
Code Section 326.5(l)1
w. Transient/Itinerant Vendor
Employer Only $333 $344
" + 1 employee $333 $344
" + 2 employees $381 $394
" + 3 employees $429 $444
" + 4 employees $476 $492
" + 5 employees $526 $544
" + 6 employees $574 $594
" + 7 employees $623 $644
" + 8 employees $671 $694

4.32.010 T25

4.32.300 652

4.32.365 365

4.32.375 375

4.32.365 366

4.32.360 360

4.32.360 361

4.32.355 T35

4.32.345 342

4.32.350 350

4.32.345 342
Agenda Packet Page 147 of 360
FY 2023
CPI-U Rate (Per
ECMC 4.32.381)
Adopted Increase
variance due to
rounding
FY 2021-22 3.4%
Business License
Item Description Municipal Code Section Code
" + 9 employees $719 $744
" + 10 employees $768 $794
Each Additional Employee $48 $50
$0-1,000 $50 $52
$1,001-5,000 $74 $77
$5,001-15,000 $150 $155
>$15,001 per $1,000 $10 $10
$0-1,000 $50 $52
$1,001-5,000 $74 $77
$5,001-15,000 $150 $155
>$15,001 per $1,000 $10 $10.00
Adjustment Per Municipal
Code: Feb % Change in CPI-U
CPI Urban Wage Earners
and Clerical Workers
2022 Change is 3.4%
2021 Change is 2%

4.32.380 T05
b. Coin-operated vending, amusement & Service Machines, Games of Skill

4.32.380 G01

4.32.380 G02

4.32.380 G03

4.32.370 V03

4.32.370 T04
a. Coin-operated vending, amusement & Service Machines, Distributors

4.32.370 V01

4.32.370 V02

4.32.010 T25

4.32.010 T25
Business License Gross Receipts (10-000-4053-000)

4.32.010 T25
Agenda Packet Page 148 of 360
Item Description Basis
Adopted
FY 2021-22
FY 2022-23
% Incr/ Decr
FY 2022-23
Proposed Fee FY 2022-23 Comments
Facility Rentals
1 Community Center
Minimum Rental Time (Fri-Sun); 5 Hours
Maximum Advance Reservation: 12 Months Resident, Non-Profit or Co-Sponsored Group; 10 Months Non-Resident or
Commercial; 12 months Annual Rentals.

Main Social Hall
Resident (includes Skylight Room, Kitchen and Courtyard) per hour $204.00 4.4% $213.00 Non-Resident/Commercial (includes Skylight Room, Kitchen and Courtyard) per hour $255.00 4.3% $266.00
Optional Clean-Up Service (2 hours of 1 custodian after rental) per event $153.00 incorporated below Additional Hours for Set-Up & Clean-Up Optional Clean-Up Service Additional Hours per hour $82.00 4.9% $86.00
Deposit (credit card only)
Private per event $648.00 4.0% $674.00
Non-Profit/City Co-Sponsored per event $327.00 discount specified in Section 5 Skylight, Garden and Tot Patio Rooms
Resident per hour $77.00 5.2% $81.00
Non-Resident/Commercial per hour $96.00 4.2% $100.00
Non-Profit/City Co-Sponsored per hour $28.00 discount specified in Section 5 Deposit (credit card only) per event $111.00 4.5% $116.00 Craft Pool View Room/Courtyard
Resident per hour $41.00 4.9% $43.00
Non-Resident/Commercial per hour $51.00 5.9% $54.00
Deposit (credit card only) per event $111.00 4.5% $116.00 Kitchen Use per hour $54.00 5.6% $57.00
Alcohol Service Permit per event $201.00 4.5% $210.00
2 Group Picnic Areas
Cerrito Vista
Reservation—Resident per day $221.00 4.1% $230.00
Reservation—Non-Resident per day $276.00 4.3% $288.00
Volleyball Net and Ball Deposit per day $51.00 5.9% $54.00 Arlington (large group area with tables & BBQ)
Spaces 4 & 5—Resident per day $164.00 4.3% $171.00
Spaces 4 & 5—Non-Resident per day $204.00 4.4% $213.00
Spaces 4, 5 & 6—Resident per day $221.00 4.1% $230.00
Spaces 4, 5 & 6—Non-Resident/Commercial per day $276.00 4.3% $288.00 Other Parks, picnic tables with BBQ pit
Resident per day $88.00 4.5% $92.00
Non-Resident per day $111.00 4.5% $116.00
Other Parks, picnic tables without BBQ pit
Resident per day $74.00 4.1% $77.00
Non-Resident per day $92.00 4.3% $96.00
Picnic Area Cleaning Deposit per day $51.00 5.9% $54.00 Restroom Key (purchase or refundable deposit) per key $23.00 4.3% $24.00 Picnic Sites Weekday Discount 15% incorporated in section 5 3 Adult Programs Building Hana Gardens Senior Center
Midtown Activity Center Social Hall/Kitchen
Resident per hour $110.00
Non-Resident, Commercial per hour $136.00
Hana Gardens Senior Center
Combined Room - Resident per hour $132.00 -18.9% $107.00 Room layout essentially means
Hana Gardens can accommodate
only around 50 people dining,
similar to clubhouse. Change to
match Rennovated Clubhouse
fees below.

Combined Room - Non-Resident/Commercial per hour $165.00 -18.8% $134.00 match rennovated clubhouse rates Decoration/Clean-Up/Rehearsal Time (1-hour max. day of event) per hour per rental $64.00 4.7% $67.00
Alcohol Service Permit per event $193.00 4.1% $201.00
Recreation
Agenda Packet Page 149 of 360
Item Description Basis
Adopted
FY 2021-22
FY 2022-23
% Incr/ Decr
FY 2022-23
Proposed Fee FY 2022-23 Comments
Recreation
Deposit per event $332.00 4.2% $346.00
4 Clubhouses
Minimum Rental Time (Sat-Sun); 3 hours (Arlington, Castro Side A, Castro Side B)
applies to any clubhouse available
for rent
Maximum Advance Reservation: 12 Months Resident, Non-Profit or Co-Sponsored Group; 10 Months Non-Resident or
Commercial; 12 Months Annual Rentals
Private, Resident per hour $82.00 4.9% $86.00
Private, Non-Resident per hour $102.00 4.9% $107.00
Renovated Clubhouse Private, Resident per hour $102.00 4.9% $107.00 Renovated Clubhouse Private, Non-Resident per hour $128.00 4.7% $134.00 Clubhouse Weekday Discount per hour 15% moved to section 5 Deposit per event $245.00 4.1% $255.00
Alcohol Service Permit per event $47.00 4.3% $49.00
Art Studio Instructor per hour $43.00 4.7% $45.00
5 Facility Rental Related Fees & Discounts
Transfer Fee - Rooms and Clubhouses per date $51.00 5.9% $54.00 Transfer Fee - Picnics per date $22.00 4.5% $23.00
Late Payment Fee percent 15% 0.0% 15%
City Co-Sponsored Rental Fee Discount percent 40% 0.0% 40% Non-Profit Rental Fee Discount percent 20% 0.0% 20%
Governmental Agency/School District Rentals (per WCCUSD Joint Use Agreement unless specified in separate agreement(s)) per event Cost of Additional
Staff (if needed)
Additional Direct
Costs (if needed)
Business Hours Facility Rental Discount (Mon. - Thurs. 8:30am - 4:30pm, no holidays) per hour NEW 15%
Chair Rental—Non-Profit/Co-Sponsored each $4.00 25.0% $5.00 Table Rental—Non-Profit/Co-Sponsored each $7.00 14.3% $8.00 6 Storage Fee - Co-Sponsored Groups Only
Small Locker per year $365.00 4.1% $380.00
Medium Locker per year $432.00 4.2% $450.00
Large Locker per year $580.00 4.1% $604.00
Room/Small Clubhouse per year $1,000.00 4.0% $1,040.00
Recreation Field/Sports Venue Rentals and Fees
1 Tennis Courts (min. 1 hour rental)
Resident per hour $10.00 0.0% $10.00
no fee increase but changing to min.
1 hour rentals
Non-Resident per hour $12.00 0.0% $12.00
no fee increase but changing to min.
1 hour rentals
Tennis Club Co-Sponsored per hour $7.25 -3.4% $7.00
changing to min. 1 hour
rentals/market rate alignment
Instruction Use per hour $17.00 0.0% $17.00
no fee increase but changing to min.
1 hour rentals
City Co-Sponsored Group Team Permit Fee per season $26.00 7.7% $28.00 Tennis Transfer/Cancellation Fee per hour $1.00 0.0% $1.00 Private Instructor Processing Fee (Tennis Certification and Insurance Required) per year $28.00 7.1% $30.00
Light Surcharge (Cerrito Vista) per hour $4.00 0.0% $4.00 no fee increase but changing to min.
1 hour rentals
2 Play Fields
Resident per hour $31.00 3.2% $32.00
EC nearing top of range for
comparisons. Currently cheaper to
reserve as Non-Resident in Albany
and other nearby cities
Non-Resident per hour $42.00 0.0% $42.00 Resident fee plus 25% surcharge Cerrito Vista Hardball Field (2 hr. minimum)—Resident per hour $43.00 2.3% $44.00 Highest in the area Cerrito Vista Hardball Field (2 hr. minimum)—Non-Resident per hour $54.00 1.9% $55.00 Resident fee plus 25% surcharge El Cerrito Co-Sponsored Youth Group per hour $12.50 4.0% $13.00 Fine for violation of field policies and/or damaging fields when wet and or not playable or signs are posted. per infraction $349.00 4.0% $363.00 Swim Center Programs/Fees * Effective 9/1/2021 September 1 1 Adult Swim Fees
Lap Swim/Recreation/Family Swim
Agenda Packet Page 150 of 360
Item Description Basis
Adopted
FY 2021-22
FY 2022-23
% Incr/ Decr
FY 2022-23
Proposed Fee FY 2022-23 Comments
Recreation
30 Day Pass - Resident
per month
valid 30 days $93.00 3.2% $96.00 Back to 30 day pass
30 Day Pass - Non-Resident
per month
valid 30 days $116.00 2.6% $119.00 Back to 30 day pass
15-Swim Pass—Resident per pass $93.00 3.2% $96.00
15-Swim Pass—Non-Resident per pass $116.00 2.6% $119.00 Drop-In per use $8.00 0.0% $8.00 already highest drop-in in the area Masters Swim Team
Drop-In per use $12.00 0.0% $12.00
30 Day Pass - Resident
per month
valid 30 days $90.00 6.7% $96.00
30 Day Pass - Non-Resident
per month
valid 30 days $113.00 5.3% $119.00
Masters Plus—Any Masters Workout/Lap Swim 30 Days 1
Month Only (No quarterly discount)
"no quarterly discount" no longer
applicable
Monthly 30 Day Masters Plus Resident
per month
valid 30 days $129.00 5.4% $136.00 Back to 30 day pass
Monthly 30 Day Masters Plus Non-Resident
per month
valid 30 days $162.00 4.9% $170.00 Back to 30 day pass
2 Recreation Parent & Child Swim/Splash Park/Tot Splash Drop-in
Adult (18+) per use $8.00 0.0% $8.00 already highest drop-in in the area Youth (1-17 years) per use $5.00 0.0% $5.00 already highest drop-in in the area Splash Park Only & Tot Splash per use $4.00 25.0% $5.00 raising to match youth price Non-Swimmer Fee per use $4.00 25.0% $5.00 raising to match youth price Organized Groups (minimum of 15) per child $4.00 25.0% $5.00 raising to match youth price 30 Days
Youth—(1-17 years) Resident valid 30 days $55.00 5.5% $58.00 Youth—(1-17 years) Non-Resident valid 30 days $68.00 7.4% $73.00 Ten 15 Swim Pass (valid April through Oct.)
Youth Resident (1-17) per pass $38.00 52.6% $58.00
changing from 10 to 15 punch to
make same as adult pass
Youth Non-Resident (1-17) per pass $47.00 55.3% $73.00
changing from 10 to 15 punch to
make same as adult pass
Family Season Passes
Family Season Pass (6/1-9/30) Resident (max 5 family members per address) Valid Season $407.00 Not used, not offered by other pools Family Season Pass (6/1-9/30) Non-Res (max 5 family members per address) Valid Season $459.00 Not used, not offered by other pools Additional Family Members (up to 3 additional) Valid Season $31.00 Not used, not offered by other pools Additional Family Members (up to 3 additional) Non-Res Valid Season $39.00 Not used, not offered by other pools Splash Park/Tot Splash Only Ten Swim Pass
Resident per pass $28.00 10.7% $31.00
Non-Resident per pass $35.00 11.4% $39.00
3 Water Aerobics Deep/Shallow
Drop In per use $12.00 0.0% $12.00 already highest drop-in in the area Ten Workout 10-Punch Pass - Resident per pass $82.00 6.1% $87.00 Ten Workout 10-Punch Pass - Non-Resident per pass $97.00 12.4% $109.00 4 Swim Lessons
Private—Resident per class $33.00 6.1% $35.00
Private—Non-Resident per class $41.00 7.3% $44.00
Semi-Private - Resident per class $56.00 5.4% $59.00
Semi-Private - Non-Resident per class $70.00 5.7% $74.00 Youth Groups—Resident per class $13.00 7.7% $14.00
Youth Groups—Non-Resident per class $16.00 6.3% $17.00
Agenda Packet Page 151 of 360
Item Description Basis
Adopted
FY 2021-22
FY 2022-23
% Incr/ Decr
FY 2022-23
Proposed Fee FY 2022-23 Comments
Recreation
Teen/Adult & Special Arrangement Group Lesson—Resident per class $14.00 7.1% $15.00 Teen/Adult & Special Arrangement Group Lesson—Non-Resident per class $17.00 5.9% $18.00 Teen/Adult Group Lessons - Resident per class $14.00 35.7% $19.00 lessons are 55 minutes in length,
need to charge more than the
standard 25 minute lesson
Teen/Adult Group Lessons - Non-Resident per class $17.00 41.2% $24.00 5 Swimming Clubs, Teams & Meets
Pre-Swim Team (50 minutes, 4 days/week)
Resident per hour $5.00 See Gators prices below
Non-Resident per hour $6.00 See Gators prices below
El Cerrito High School Swim Team (February through May) per season $3,000.00 4.0% $3,120.00 El Cerrito High School Swim Team (February through May) nonoperating hours per hour per
staff $31.00 3.2% $32.00
should be same price as Lifeguard
fee
Gators Swim Club Team
One Swimmer - Resident per hour $6.00 0.0% $6.00
prices have increased over the past
year due to practice times, and will
continue to increase
One Swimmer - Non-Resident per hour $7.00 0.0% $7.00
Each Additional Household Member Discount
monthly
discount
percent 10% 0.0% 10%
6 Swim Center Rentals
Long-Term Pool Rentals
per lane/ per
hour $16.00 6.3% $17.00
Lane Rental Fee
per lane/ per
hour $21.00 0.0% $21.00
Emery G. Weed III Lap Pool-Resident, non-operating hours, practice time per hour $153.00 4.6% $160.00
Emery G. Weed III Lap Pool-Non-Resident, non-operating hours, practice time per hour $192.00 4.2% $200.00
Emery G. Weed III Lap Pool—Resident, non-operating hours, event rental per hour $254.00 4.3% $265.00
Emery G. Weed III Lap Pool—Non-Resident/Commercial, nonoperating hours, event rental per hour $318.00 4.1% $331.00 Swim Center Rental Deposit (refundable) per event $109.00 4.6% $114.00 Recreation Pool-Resident (1-50 people) (2-hour minimum) per hour $178.00 4.5% $186.00 Recreation Pool-Non-Resident (1-50 people) (2-hour minimum) per hour $223.00 4.5% $233.00 Recreation Pool-Resident (51-100 people) (2-hour minimum) per hour $192.00 4.2% $200.00 Recreation Pool-Non-Resident (51-100 people) (2-hour minimum) per hour $240.00 4.2% $250.00 Splash Park Rental-Resident (1-50 people) ( 2-hour minimum) per hour $157.00 4.5% $164.00 Splash Park Rental-Non-Resident (1-50 people) ( 2-hour
minimum) per hour $195.00 5.1% $205.00
Splash Park Rental-Resident (51-100 people) ( 2-hour minimum) per hour $168.00 4.2% $175.00 Splash Park Rental-Non-Resident (51-100 people) ( 2-hour minimum) per hour $210.00 4.3% $219.00
Transfer Fee per booking $51.00 5.9% $54.00
Picnic Area Rental During Recreation Swim (Splash Park Area & Swim Camp Lawn Area) Resident (11-20 people) - listed fee plus lifeguard rate below per event $82.00 4.9% $86.00 $86+$32/hour Picnic Area Rental During Recreation Swim (Splash Park Area & Swim Camp Lawn Area) Non-Resident (11-20 people) - listed fee plus lifeguard rate below per event 125% of Res Fee 0.0%125% of Resident Picnic Area rental during Recreation Swim (Swim Camp Lawn Area) Resident (11-15 people) - listed fee plus lifeguard rate below per event $62.00 4.8% $65.00 $65+$32/hour Picnic Area rental during Recreation Swim (Swim Camp Lawn Area) Non-Resident (11-15 people) - listed fee plus lifeguard rate below per event 125% of Res Fee 0.0%125% of Resident
Lifeguard Fee per hour $30.00 6.7% $32.00
7 Miscellaneous Swim Center Fees
Auto-Debit Pass Discount per month 5% 60.0% 8%
increasing discount to encourage
more auto-debit usage
Single Lane Program/Holiday Reservation Surcharge - Resident per swim $2.00 50.0% $3.00 Single Lane Program/Holiday Reservation Surcharge - NonResident per swim $4.00 25.0% $5.00 Agenda Packet Page 152 of 360
Item Description Basis
Adopted
FY 2021-22
FY 2022-23
% Incr/ Decr
FY 2022-23
Proposed Fee FY 2022-23 Comments
Recreation
Monthly Passes Pro-Rated for Remaining Days Based on
Beginning Effective Date Only (proration will not be applied to the Admin Fee) per pass
No longer needed, back to 30-day
pass
Youth Programs
1 Day Camps *Effective 9/1/2021 September 1
City Run Camp Resident (Price based on number of days up to 5 days, hours, special events, field trips, supplies needed) See brochure
for actual
costs $20-$500 10.0% 20-$550
City Run Camp Non-Resident
125% of
resident fee
Day Camp Deposit
per
camp/week $35.00 14.3% $40.00
Day Camp Cancellation Fee
per
camp/week $35.00 14.3% $40.00
Cancellation fee equal to camp
deposit. Increased
deposit/cancellation to discourage
last minute cancellations and retain
more revenue in cases of
cancellation.
2 Overnight Camp *Effective 9/1/2021 September 1
Camper - Resident (price depends on staffing and rental costs, duration of session and other fixed costs) per session $425-$825 4%-4.8% $444-$858 Camper Non-Resident
120% of
resident fee
CIT/TILT Programs - Residents per session $200- $425 4.0% $208-$442 CIT/TILT Programs - Non-Residents
120% of
resident fee
Deposit per week $159.00 4.4% $166.00
3 Before/After School Childcare
5 day schedule, AM Care (~ 1.5 hours/day)
per month (10
Total) $289.00 9.0% $315.00
aligning with comparable
programs, accounting for hard
costs associated with program
even though it is only 1.5 hours
per day
4 day schedule, AM Care (~1.5vhours/day)
per month (10
Total) $254.00 9.1% $277.00
aligning with comparable
programs, accounting for hard
costs associated with program
even though it is only 1.5 hours
per day
3 day schedule, AM Care (~1.5 hours/day)
per month (10
Total) $208.00 9.1% $227.00
aligning with comparable
programs, accounting for hard
costs associated with program
even though it is only 1.5 hours
per day
2 day schedule, AM Care (~1.5 hours/day)
per month (10
Total) $150.00 9.3% $164.00
aligning with comparable
programs, accounting for hard
costs associated with program
even though it is only 1.5 hours
per day
1 day schedule, AM Care (~1.5 hours/day)
per month (10
Total) $75.00 9.3% $82.00
aligning with comparable
programs, accounting for hard
costs associated with program
even though it is only 1.5 hours
per day
5 day schedule, TK/Kinder Childcare (~ 4.25 hours/day)
per month (10
Total) $725.00 4.4% $757.00
4 day schedule, TK/Kinder Childcare (~4.25 hours/day)
per month (10
Total) $638.00 4.4% $666.00
3 day schedule, TK/Kinder Childcare (~4.25 hours/day)
per month (10
Total) $522.00 4.4% $545.00
2 day schedule, TK/Kinder Childcare (~4.25 hours/day)
per month (10
Total) $377.00 4.5% $394.00
1 day schedule, TK/ Kinder Childcare (~4.25 hours/day)
per month (10
Total) $189.00 4.2% $197.00
5 day schedule, Kindergarten Childcare (~ 4 hours/day)
per month (10
Total) $683.00 4.4% $713.00
4 day schedule, Kindergarten Childcare (~4 hours/day)
per month (10
Total) $601.00 4.3% $627.00
3 day schedule, Kindergarten Childcare (~4 hours/day)
per month (10
Total) $491.00 4.5% $513.00
2 day schedule, Kindergarten Childcare (~4 hours/day)
per month (10
Total) $355.00 4.5% $371.00
1 day schedule, Kindergarten Childcare (~4 hours/day)
per month (10
Total) $177.00 11.3% $197.00
Agenda Packet Page 153 of 360
Item Description Basis
Adopted
FY 2021-22
FY 2022-23
% Incr/ Decr
FY 2022-23
Proposed Fee FY 2022-23 Comments
Recreation
5 day schedule, 1st - 6th PM Care (~3.33 hours/day)
per month (10
Total) $591.00 5.1% $621.00
4 day schedule, 1st - 6th Care (3.33 hours/day)
per month (10
Total) $520.00 5.2% $547.00
3 day schedule, 1st - 6th PM Care (~3.33 hours/day)
per month (10
Total) $426.00 4.9% $447.00
2 day schedule, 1st - 6th PM Care (~3.33 hours/day)
per month (10
Total) $308.00 4.9% $323.00
1 day schedule, 1st - 6th PM Care (~3.33 hours/day)
per month (10
Total) $154.00 4.5% $161.00
4 day schedule, TK & Kinder Club (~1 hour/day)
per month (10
Total) $158.00
changing fee structure to daily rate
below
3 day schedule, TK & Kinder Club (~1 hour/day)
per month (10
Total) $129.00
changing fee structure to daily rate
below
2 day schedule, TK & Kinder Care (~1 hour/day)
per month (10
Total) $93.00
changing fee structure to daily rate
below
1 day schedule, TK & Kinder Club (~1 hour/day)
per month (10
Total) per day $47.00 -70.2% $14.00 per day rather than per month 4 Preschool *Effective 9/1/2021 September 1
4 day schedule, 3 hour program per month $537.00 5.0% $564.00 3 day schedule, 3 hour program per month $403.00 5.0% $423.00 3 day schedule, 4 hour program per month $537.00 5.0% $564.00 2 day schedule, 3 hour program per month $268.00 4.9% $281.00 2 day schedule, 4 hour program per month $358.00 5.0% $376.00 1 day schedule, 3 hour program per month $134.00 5.2% $141.00 1 day schedule, 4 hour program per month $179.00 5.0% $188.00 4 Other Fees
Before/After School & Preschool Programs - Non-Refundable Registration Fee
per
registration $78.00 5.1% $82.00
Before/After School & Preschool Programs - Drop-In fee, under 3 hours program
per day/per
program $22.00 9.1% $24.00
Before/After School & Preschool Programs - Drop-In fee, over 3 hours program
per day/per
program $43.00 7.0% $46.00
Before/After School Program - Receives Reduced Lunch discount 30% 0.0% 30.00% Before/After School Program - Receives Free Lunch discount 50% 0.0% 50.00% Preschools - Non-Resident Rate surcharge 20% 0.0% 20.00% Preschools - Qualifies for City Scholarship - Residents discount 25% 0.0% 25.00% Preschools - Qualifies for City Scholarship - Non Resident discount Regular Resident
Rate 0.0%
Regular
Resident Rate
Fees can be adjusted proportionally due to substantial changes in program hours at the discretion of the Recreation Director program hours Fees can be adjusted proportionate to any mandated staff to child ratio changes at the discretion of the Recreation Director staffing/
enhanced
requirements
Preschools - Over 8 hours (full day)
monthly
discount 10% 0.0% 10.00%
Before/After School & Preschool Fees Include 3% Admin
Surcharge listed in "Other Fees & Discounts" Section
Adult Programs and Services
Respite Group—Resident per month day $112.00 -73.2% $30.00 change to per day Respite Group—Non-Resident per month day $139.00 -72.7% $38.00 change to per day Easy Ride Paratransit, each way per trip $3.00 0.0% $3.00 funded by CC Tax Measure J City Run Day Trips Resident (Prices based on mileage, length of trip, admission rates, volunteer trip leader expenses and supplies needed, staff planning time)
see brochure
for actual
costs $15-$200 0-25% $15-$250
City Run Day Trips - Non-Resident
% of resident
fee 125% of resident rate 0.0% % of resident rate
Other Fees & Discounts
1 Miscellaneous
Transfers, Cancellations (non-camp), and Late Payments (25% of fee, up to maximum and rounded to nearest dollar)
maximum
charge per
session $22.00 4.5% $23.00
Agenda Packet Page 154 of 360
Item Description Basis
Adopted
FY 2021-22
FY 2022-23
% Incr/ Decr
FY 2022-23
Proposed Fee FY 2022-23 Comments
Recreation
Late Pick-Up Fee ($20 minimum + $1.00 per minute)
minimum late
pick-up fee $20.00 0.0% $20.00
Misc. Product Fee (depending on level of effort)
each +
surcharge Cost + 5%-20% Cost + 5%-20%
Staff Total Cost (i.e. custodian, part time recreation leader, etc.) per hour Full Hourly Cost Full Hourly Cost Signage/Banner on Recreational Facilities (per policy)
per banner or
sign/month $0 - $50 0-50% $0 - $75
Long Term Rental Discount - as determined by Recreation Director
Administrative Surcharge Fee for City Run Programs
per
transaction 3% 0.0% 3.0%
Special Promotion/Marketing Fundraising Opportunities - as determined by Recreation Director
New Classes, Events, Field Trips, Leagues, Programs, Products, Uniforms, etc. as approved by Recreation Director
City Run Program (Price based on number of days and hours, cost of supplies, staff, and staff planning time)
per day/per
program $5-$200 0-4% $5-$208
2 Third Party Programs
The fees for all third party provided activities may vary based on contract negotiations & market rates at discretion of the Recreation Director
No Non-Resident Surcharges for El Cerrito School Based
Enrichment Programs
Surcharge on Fee-Based Programs by Independent Contractor (4% of fee, up to maximum and rounded to nearest dollar) maximum
charge per
session
percent of fee $13.00 3.5%
lowering percentage but removing
price cap
Optional Disabled and Senior Discount (independent contractors may choose to use discount and split discount with City) - for ages 60+, disabled patrons. Does not apply to fees in "Adult Programs and Services" section. percent of fee 15% 15%
3 Recreation Brochure Advertisements
Copy Ready, 1/8 page each $200.00 0.0% $200.00
Price is notably higher than nearby
cities
Copy Ready, Quarter page each $450.00 0.0% $450.00
Price is notably higher than nearby
cities
Copy Ready, Half page each $750.00 0.0% $750.00
Price is notably higher than nearby
cities
Copy Ready, Full page each $1,250.00 0.0% $1,250.00
Price is notably higher than nearby
cities
Full Year of Advertising (3 rECguide Issues) Discount 15% 0.0% 15% Graphic Preparation-Graphic Designer Actual Actual Cost Actual Cost Agenda Packet Page 155 of 360
FY 2021-22
1 Plan Check
50 to 10,000 CY (no permit required below 50 CY) each $ 517.14 4.00% $ 20.69 $ 537.83 Added missing information in
Description column
10,001 to 100,000 CY each $ 718.08 4.00% $ 28.72 $ 746.80 Add for each 10,000 CY above 100,000 10,000 CY $ 172.38 4.00% $ 6.90 $ 179.28 2 Permit Issuance each $ 107.10 4.00% $ 4.28 $ 111.38
3 Permit Bond per CY $ 5.10 4.00% $ 0.20 $ 5.30
4 4.00% $ - $ -
(No permit required below 50 CY) 4.00% $ - $ -
50 to 10,000 CY (up to 8 inspections; any additional
inspections will be charged at hourly rate) each $ 926.16 4.00% $ 37.05 $ 963.21 10,001 to 100,000 CY (up to 15 inspections, add'l inspections will be charged at hourly rate) each $ 1,862.52 4.00% $ 74.50 $ 1,937.02 Add for each 10,000 CY above 100,000 10,000 CY $ 115.26 4.00% $ 4.61 $ 119.87 5 Grading Work Started Prior to Obtaining a Permit
Double the Plan Check,
Permit Issuance Fee and
Inspection Fee

4.00%
$ - $ -

4.00% $ - $ -
1 Permit Issuance Fee (all permits except planting of street trees) each $ 107.10 4.00% $ 4.28 $ 111.38 2 Permit Renewal Fee/Time Extension each $ 53.38 4.00% $ 2.14 $ 55.51 3 Permit bond/deposit (except street tree permit) 4.00% $ - $ - One-year maintenance bond for street cuts in the amount of the value of the work or as determined by City Engineer. minimum $ 1,729.92 4.00% $ 69.20 $ 1,799.12 Bond for concrete work, including curb, gutter and sidewalk drains.

Deposit is equal to the value of the work or as determined by City Engineer. Deposit is returned upon passing final inspection for concrete work.
minimum $ 732.36 4.00%
$ 29.29 $ 761.65
One-year maintenance bond for storm drainage modifications equal to the value of the work or as determined by City Engineer. minimum N/A

N/A N/A
Creating Minimum and Matching
Item Above
4 Permit Types (also subject to the Issuance Fee (#2)
Concrete Flat Work or Under Sidewalk Drain - up to 500 s.f. (includes two inspections) each $ 294.78 4.00% $ 11.79 $ 306.57 ADD for each add'l 500 s.f. 500 s.f. $ 70.38 4.00% $ 2.82 $ 73.20 Street cut or drainage modifications (< 10 C.Y. excavated) (includes two inspections) each $ 320.28 4.00% $ 12.81 $ 333.09 ADD for each add'l 10 CY. 10 CY $ 238.68 4.00% $ 9.55 $ 248.23 Traffic Control Plan Review each $ 264.18 4.00% $ 10.57 $ 274.75 Work in Public Right-of-Way Started Prior to Obtaining a Permit Double the Permit
Issuance Fee and
Inspection Fee

0.00% $ -
Double Permit
Issuance Fee and
Inspection Fee
No change
Revocable Encroachment Permit/Hold Harmless Agreement each $ 378.42 4.00% $ 15.14 $ 393.56 Storage in Public ROW for Moving Pods and Portable Toilets (East Bay Sanitary dumpsters exempt; storage pods for residential moving exempt from bond deposit)
per two weeks
$ 170.34

4.00% $ 6.81 $ 177.15
Moratorium Street Restoration Fee for Street cuts not exceeding 5' x 5'; Restoration for street cuts larger than 5' x 5' on a moratorium street will be calculated by the City Engineer based on recent bid costs for annual City slurry seal projects
each $ 753.78 4.00% $ 30.15 $ 783.93
Re-inspection/Additional Inspection (for reasons such as work not ready for a scheduled inspection, work done without an inspection, work partially completed or annual permit inspection)
each $ 81.60 4.00% $ 3.26 $ 84.86
Traffic Striping Restoration -Thermoplastic Pavement Legends (includes removal and replacement and related contract work) each $ 329.46 4.00% $ 13.18 $ 342.64 Traffic Striping Restoration -Thermoplastic 4" Line (includes removal and replacement and related contract work) LF $ 8.16 4.00% $ 0.33 $ 8.49 Traffic Striping Restoration -Thermoplastic 12' Line (includes removal and replacement and related contract work) LF $ 6.12 4.00% $ 0.24 $ 6.36 Traffic Striping Restoration -Thermoplastic Detail 22 (includes removal and replacement and related contract work) LF $ 4.08 4.00% $ 0.16 $ 4.24 Pavement Marker Restoration - Caltrans Type AY Pavement Reflective Markers (includes replacement and related contract work)
each $ 8.16 4.00% $ 0.33 $ 8.49
Utility Pole - Set, Relocate or Remove each $ 285.60 4.00% $ 11.42 $ 297.02 Temporary Construction Parking for vehicles that have commercial license plates and Limited Construction Equipment Storage (includes construction parking permit)
$ 265.20 4.00% $ 10.61 $ 275.81
Annual Encroachment Permit for Utility Companies, Administrative Fee
(In-lieu of Issuance Fee to be applied for annual utility permit agreements. Inspections are charged at the Additional Inspection rate. )
per year $ 452.88 4.00% $ 18.12 $ 471.00
Transportation Permit - Per Calif. State Vehicle Code Section 35795 per trip $ 16.32 4.00% $ 0.65 $ 16.97 Public Works Department
Proposed FY 2022-23
Adopted
$ Increase Total Fee Amount Comments
Grading
Inspection (C.6 inspections separately listed in "Erosion & Clean Water Section") Encroachments
per week
% Increase
Note: Citywide Fees apply. Credit Card Transaction Fees are per transaction.

Item Description Basis
Agenda Packet Page 156 of 360
FY 2021-22
Public Works Department
Proposed FY 2022-23
Adopted
$ Increase Total Fee Amount % Increase Comments
Note: Citywide Fees apply. Credit Card Transaction Fees are per transaction.

Item Description Basis
Haul Route Impact Fees
For qualifying projects as determined by the City Engineer, Haul Route Fees are charged on the following costs per square yard of pavement per PCI point drop in each 500-foot long section of haul route. For haul routes in use for over one year, a PCI discount will be applied against the PCI change as listed below. If the Postconstruction PCI is higher than the Pre-construction PCI, the PCI change shall be considered to be zero. The final PCI value will determine the category of the fee charged.

Arterial
100<pci<70 $ 0.31 4.00% $ 0.01 $ 0.32
69<pci<50 $ 0.88 4.00% $ 0.04 $ 0.91
49<pci<25 $ 0.90 4.00% $ 0.04 $ 0.94
24<pci<0 $ 1.58 4.00% $ 0.06 $ 1.64
Collector
100<pci<70 $ 0.31 4.00% $ 0.01 $ 0.32
69<pci<50 $ 0.73 4.00% $ 0.03 $ 0.76
49<pci<25 $ 0.90 4.00% $ 0.04 $ 0.94
24<pci<0 $ 1.58 4.00% $ 0.06 $ 1.64
Residential
100<pci<70 $ 0.24 4.00% $ 0.01 $ 0.25
Added missing entry/formula in
Columns H-K
69<pci<50 $ 0.68 4.00% $ 0.03 $ 0.71
49<pci<25 $ 0.82 4.00% $ 0.03 $ 0.85
24<pci<0 $ 1.36 4.00% $ 0.05 $ 1.42
PCI Discount
100<pci<70 2.2 pts/year $ -
69<pci<50 2.7 pts/year $ -
49<pci<25 3.3 pts/year $ -
24<pci<0 3.6 pts/year $ -
Newsrack Box Fee [Permit fee for permitted use of a box inside the specified newsrack location. The permit is valid for a three-year period and fee includes cost of administrative and maintenance expenses associated with the newsrack program. Permittee shall comply with box dimensions, style, and model as designated by the Public Works Director, see Municipal Code Section 13.60] per box per permit period $ 170.34 4.00% $ 6.81 $ 177.15 Added missing entry/formula in Columns H-K
1 Appeals
No Parking/Stopping Anytime Zones (includes two hours of Manager's
time)
each $ 562.02 4.00% $ 22.48 $ 584.50 Added missing entry/formula in Columns H-K
Red curb marking next to residential driveway (Subject to City Engineer approval of Resident Request) each $ 381.48 4.00% $ 15.26 $ 396.74 2 Temporary No Parking/Stopping Anytime Signs
(Encroachment Permit Issuance Fee also applies) each $ 7.14 4.00% $ 0.29 $ 7.43 Added clarifying text to Description/Column B
3 Temporary Barricades
Pick-up/drop-off by City crew per pick-up/drop-off $ 135.66 4.00% $ 5.43 $ 141.09 Replacement per barricade $ 104.04 4.00% $ 4.16 $ 108.20 1 Street Tree Planting by Property Owner (Includes planting permit, site approval, and planting inspection) per 1-3 trees $ 52.53 4.00% $ 2.10 $ 54.63 Street Tree Maintenance Bond - Required three-year refundable maintenance bond for when property owner plants new Street Trees to cover Staff time needed to rehabilitate or remove a tree that has not been properly maintained.
per tree, refundable after
3- year health verification $ 99.96 4.00% $ 4.00 $ 103.96 2 New Street Tree Planting and Related Work by City (Includes permit, one 15-gallon tree, planted, staked, and mulched, and comes with watering bag. Requires signed City Tree Care Agreement)
per tree $ 315.00 4.00% $ 12.60 $ 327.60
Concrete Removal for Tree Well per 16 s. f. $ 184.62 4.00% $ 7.38 $ 192.00 Concrete Removal for Tree Well (per s.f. after first 16 s.f. removal) per s.f. $ 12.24 4.00% $ 0.49 $ 12.73 Maintenance to Establish New Tree - Three-year maintenance fee when City is establishing new tree without a City Tree Care Agreement, usually in case of mitigation for street tree removal and planting in a different location that the responsible property owner is not able to maintain.
per tree $ 816.00

4.00%
$ 32.64 $ 848.64
3 Permit for Street Tree Pruning or Removal by Property Owner (includes inspection by Program Manage) minimum $ 210.12 4.00% $ 8.40 $ 218.52 4 Bond for Street Tree Pruning, Protection, or Removal by Property Owner minimum $ 255.00 4.00% $ 10.20 $ 265.20
5 Violation for Unauthorized Street Tree Pruning, Mutilation or Removal (i.e., work without a Permit)
0-5.99 inch Tree Diameter @ 4.5 feet $ 500.00 0.00% $ - $ 500.00 no change

6.0-11.99 inch Tree Diameter @ 4.5 feet $ 750.00 0.00% $ - $ 750.00 no change

12.0-17.99 inch Tree Diameter @ 4.5 feet $ 1,000.00 0.00% $ - $ 1,000.00 no change

18.0-23.99 inch Tree Diameter @ 4.5 feet $ 1,500.00 0.00% $ - $ 1,500.00 no change This is part of the PCI point drop
calculation and not a fee, and
instead added the PCI point drop
which is a fixed number in
Column C
Parking Controls
Street Tree Permits
Agenda Packet Page 157 of 360
FY 2021-22
Public Works Department
Proposed FY 2022-23
Adopted
$ Increase Total Fee Amount % Increase Comments
Note: Citywide Fees apply. Credit Card Transaction Fees are per transaction.

Item Description Basis
24 inch and greater Tree Diameter @ 4.5 feet $ 2,000.00 0.00% $ - $ 2,000.00 no change 1 Stormwater Pollution Prevention Construction Permit: C.6 Inspections (Permits for construction projects that require Stormwater Pollution Prevention, includes monthly inspection) Less than 1-acre hillside site, requiring an erosion and sediment control plan $ 327.42 4.00% $ 13.10 $ 340.52
More than an acre, requiring an erosion and sediment control plan $ 654.84 4.00% $ 26.19 $ 681.03 Re- Inspections (Due to Fail in maintaining BMP's) $ 163.20 4.00% $ 6.53 $ 169.73 2 C.3 Fees for projects which create or replace more than 10,000 square feet of impervious surface 4.00% $ - $ -
Stormwater Control Plan Review/Approval (Collected by Planning Dept at initial submittal) each $ 522.24 4.00% $ 20.89 $ 543.13 Operations & Maintenance Plan Review/Approval (O&M Plan to include Maintenance Agreement and description of annual inspection fees) (Collected by Building Dept at plan check submittal)
per square feet of
impervious surface $ 0.05

4.00% $ 0.00 $ 0.05
Annual Inspection Fee-Collected by Public Works Department as described in Maintenance Agreement (Includes max of one field inspection. Additional re-inspection will be charged additional inspection fee)
up to 25,000 sf $ 428.40

4.00% $ 17.14 $ 445.54
Annual Inspection Fee-Collected by Public Works Department as described in Maintenance Agreement more than 25,000 sf $ 855.78 4.00% $ 34.23 $ 890.01 1 Illicit Discharge Response / Hazardous Materials Spill Clean-Up - costs to include supervision, reporting, overhead, equipment, hourly wages and fringe benefits of the employees involved per response, per day $ 1,260.00 4.00% $ 50.40 $ 1,310.40 2 Public Works Hourly Rates (for other Services Not Specified) Public Works Director hourly $ 301.92 4.00% $ 12.08 $ 314.00 Management Assistant hourly $ 107.10 4.00% $ 4.28 $ 111.38 Engineering Manager/Senior Engineer hourly $ 226.44 4.00% $ 9.06 $ 235.50 Operations + Environmental Services Division Manager hourly $ 216.24 4.00% $ 8.65 $ 224.89 Programs Manager/Analyst hourly $ 210.12 4.00% $ 8.40 $ 218.52 Associate Engineer hourly $ 176.46 4.00% $ 7.06 $ 183.52 Maintenance Superintendent/Operations Supervisor hourly $ 210.12 4.00% $ 8.40 $ 218.52 Technician/Inspector hourly $ 163.20 4.00% $ 6.53 $ 169.73 Maintenance Worker / Recycling Maintenance Worker hourly $ 135.66 4.00% $ 5.43 $ 141.09 Admin Clerk Specialist hourly $ 89.76 4.00% $ 3.59 $ 93.35 Waste Prevention Specialist hourly $ 138.72 4.00% $ 5.55 $ 144.27 3 Bid Protest Fee $ 540.60 4.00% $ 21.62 $ 562.22
4 Recycling + Environmental Services
Construction Waste Management Plan Review Fee per plan review, inclusive of pre plan and post report $ 222.36 4.00% $ 8.89 $ 231.25 Solid Waste Collection and Disposal Subscription Exemption Application Fee per application $ 277.44 4.00% $ 11.10 $ 288.54 Salvage Permit Application Fee per application per year $ 44.88 0.00% $ - $ 44.88 no change Recycling + Environmental Resource Center Tour Fee per tour, excluding free monthly tours $ 166.26 4.00% $ 6.65 $ 172.91
Recycling Cart Cleaning Fee (64 and 96 gallon carts) per cart $ 67.32 4.00% $ 2.69 $ 70.01 Recycling Bin Cleaning Fee (1 and 2 cubic yard bins) per bin $ 102.00 4.00% $ 4.08 $ 106.08 Recycling Cart Replacement fee due to customer damage per bin $ 77.50 4.00% $ 3.10 $ 80.60 Extra Recycling Truck Pick Up due to customer fault per pick-up $ 25.50 0.00% $ - $ 25.50 no change Waste Enclosure Padlock Replacement due to customer loss per lock $ 15.00 0.00% $ - $ 15.00 no change Citywide Garage Sale Listing per registration $ 25.00 0.00% $ - $ 25.00 no change Solid Waste Event Stands Rental (set of three - Recycling, Compost, and Garbage) per event $ 51.00 4.00% $ 2.04 $ 53.04 Solid Waste Event Stand Replacement per stand $ 74.46 4.00% $ 2.98 $ 77.44 Compost per 5 gallons $ 1.00 0.00% $ - $ 1.00 no change Compact Fluorescent Bulb (CFL) Recycling * per bulb $ 4.00 0.00% $ - $ 4.00 no change Fluorescent Tube Recycling * per linear foot $ 0.64 4.00% $ 0.03 $ 0.67 CFL & Tube Large Quantity (over 15 CFLs and/or 30 feet) Recycling additional flat fee $ 13.25 4.00% $ 0.53 $ 13.75 4% = $13.78; rounded to $13.75 for easier transactions
Expanded Polystyrene drop off at Recycling Center ** (minimum cost $2.00)
per pound (or 12 gallons
by volume) $ 2.00 0.00% $ - $ 2.00
Sharps and Pharms Disposal* per disposal $ 1.00 0.00% $ - $ 1.00 Misc. Product Fee*** per items $ - $ -
Cardboard, Paper, Books, Magazines, and Newspaper Recycling Drop-off - for amounts greater than 1 cubic yard ** (minimum charge $7.50)
per cubic yard $ 7.50 4.00% $ 0.30 $ 7.80
*No cost for residents in RecycleMore service area. Proof of residency required ***Includes market rate sale of salvaged materials plus processing fee
** No cost for El Cerrito rate payers. City reserves the right to reject large quantities. Proof of residency required
Erosion and Clean Water
Miscellaneous
Agenda Packet Page 158 of 360
FY 2021-22 FY 2023
Adopted 4%
San Pablo Avenue Specific Plan Design Review
Tier 1 Residential and Non-Residential Projects (with or without signage) each $2,273 $ 2,363.92 Tier 1 Permanent Signs (only) each $594 $ 617.39
Tier 1 Sidewalk Sign Permit (only) each $165 $ 171.60
Tier 1 Temporary Sidewalk Seating/Temporary Outdoor Improvements each $165 $ 171.60 Tier 1 Temporary Sign and/or Banner each $55 $ 57.28
Tier 1/AUP Sidewalk Seating (off ROW) each $606 $ 630.12 AUP Sidewalk Seating (in ROW) each $881 $ 916.53
Tier 1 - Minor Projects (as determined by Planning Manager) each $842 $ 875.16 Tier 2 Residential and Non-Residential Projects - Up to 2,500 sqft each $3,347 $ 3,480.88 Tier 3 Residential and Non-Residential Projects - Up to 2,500 sqft each $4,222 $ 4,390.88 Tier 2 Residential and Non-Residential Projects - 2,501 - 10,000 sqft each $8,830 $ 9,183.20 Tier 3 Residential and Non-Residential Projects - 2,501 - 10,000 sqft each $8,564 $ 8,906.56 Tier 2 Residential and Non-Residential Projects - 10,001 – 40,000 sqft each $14,472 $ 15,050.88 Tier 3 Residential and Non-Residential Projects - 10,001 – 40,000 sqft each $12,166 $ 12,652.64 Tier 2 Residential and Non-Residential Projects - 40,001 – 100,000 sqft each $18,748 $ 19,497.92 Tier 3 Residential and Non-Residential Projects - 40,001 – 100,000 sqft each $17,626 $ 18,331.04 Tier 2 Residential and Non-Residential Projects - 100,001+ sqft base fee plus per hour of staff time each $18,763.00 - after
base fee depleted,
project goes to
hourly rate.
$19,513.52 - after
base fee depleted,
project goes to hourly
rate.

Tier 3 Residential and Non-Residential Projects - 100,001+ sqft base fee plus per hour of staff time each $18,449.00 - after
base fee depleted,
project goes to
hourly rate.
$19,186.96 - after
base fee depleted,
project goes to hourly
rate.

Tier 4 Residential and Non-Residential Projects - up to 10,000 sqft each $10,326 $ 10,739.04 Tier 4 Residential and Non-Residential Projects - 10,001 – 40,000 sqft each $13,529 $ 14,070.16 Tier 4 Residential and Non-Residential Projects - 40,001 – 100,000 sqft each $19,829 $ 20,622.16 Tier 4 Residential and Non-Residential Projects - 100,001+ sqft base fee plus per hour of staff time each $21592.00 - after
base fee depleted,
project goes to
hourly rate.
$22,455.68 - after
base fee depleted,
project goes to hourly
rate.

Environmental Review (CEQA)
Planning
Description Basis
Agenda Packet Page 159 of 360
FY 2021-22 FY 2023
Adopted 4%
Planning
Description Basis
Environmental Review - Specific Plan Environmental Checklist/Initial Study/Negative Declaration/Mitigated Negative Declaration/Environmental Impact Report each Consultant costs, plus
City administrative fee
(30% of consultant
cost)
Environmental Review - Categorical Exemption each $177 $ 184.58 Notice of Exemption each
County Clerk Filing
Fees
General Plan and Zoning Ordinance
General/Specific Plan and/or Amendment each $19,675 $ 20,461.77 Zoning Amendment each $19,675 $ 20,461.77
Subdivisions and Lot Adjustments
Tentative Parcel Map 1-4 lots each $7,339 $ 7,632.46
Tentative Tract Map 5-10 lots each $12,325 $ 12,818.00
Tentative Tract Map 11-25 lots each $14,789 $ 15,380.54 Tentative Tract Map 26+ lots (base fee for 25 lot map + fee for additional lots over 25) per lot $2,257 $ 2,347.55
Final Map 1-4 lots each $7,598 $ 7,901.92
Final Map 5+ lots each $8,639 $ 8,984.98
Exception to Subdivision Ordinance each $10,172 $ 10,578.88 Lot Line Adjustment or Lot Merger each $7,598 $ 7,901.92 Certificate of Compliance each $6,342 $ 6,596.05
Planned Development $ -
Planned Development each $40,323 $ 41,935.55
Development Agreement each $44,296 $ 46,067.36
Development Fees
Incentives Program Permit (Staff and Design Review Board review prior to application for Planning Commission action, does not include Use Permit Fee) each $11,726 $ 12,194.96 Accessory Dwelling Unit Permit each $326 $ 339.46
SB 9 Compliance Review each $ 1,597.00
Home Occupation Permit each $89 $ 92.56
Zoning Clearance (Commercial) each $573 $ 595.92
Individual Business Sign Permit (as part of Master Sign Program) each $89 $ 92.29 Preliminary Review of Multi-Story Single Family Construction (RAD) each $1,535 $ 1,596.50 Unspecified or Research - hourly per hour $227 $ 236.56 Rebuild or Interpretation Letter each $902 $ 937.75
Fence Clearance each $89 $ 92.29
Residential Chicken Clearance each $89 $ 92.29
Honeybee Keeping Clearance each $89 $ 92.29
Goat Weed Abatement Permit each $89 $ 92.29
Unanimous Neighbor Consent Exception for Chickens and Bees each $44 $ 45.61 Zoning Information Form/Questionnaire each $44 $ 45.61
Permit Amendment/Time Extension each 1/2 of current fee Appeals - By nonapplicant each $541 $ 562.22
Appeals - By applicant each 1/2 of current fee
Agenda Packet Page 160 of 360
FY 2021-22 FY 2023
Adopted 4%
Planning
Description Basis
Community Development Director per hour $255 $ 265.20
Planning Manager per hour $196 $ 203.67
Senior Planner per hour $177 $ 184.58
Assistant/Associate Planner per hour $90 $ 93.35
Massage Operator's Permit each $544 $ 565.41
Cannabis Operating Permit Deposit account as needed to cover cost of application
Inclusionary Zoning
Inclusionary Zoning In-lieu Fee - 9 or more rental units per
habitable
square foot $18 $ 18.72
Inclusionary Zoning In-lieu Fee - 10 or more "for sale" units per
habitable
square foot $22 $ 22.88
Inclusionary Zoning In-lieu Fee for combined rental and "for sale" projects To be
determined
by City Staff
based on
square
footage of
each type.

To be determined by
City Staff based on
square footage of
each type.

Inclusionary Exemption Extension Application per project $1,200 $ 1,248.00 Inclusionary Monitoring: Rental annually per
project $1,500 $ 1,560.00
Inclusionary Monitoring: Ownership per project $2,500 $ 2,600.00 Inclusionary Housing Agreement per project $700 $ 728.00 Design Review and Signs
Residential - 1 unit and projects deemed minor by Planning Manager each $853 $ 886.83 Residential - 2 - 4 units each $3,089 $ 3,212.10
Residential - 5 - 10 units each $5,123 $ 5,328.40
Residential - 11+ units each $7,643 $ 7,948.57
Nonresidential - 1 - 2,500 s.f. each $1,891 $ 1,966.72
Nonresidential - 2,501 - 10,000 s.f. each $3,773 $ 3,923.90 Nonresidential - 10,000+ s.f. each $6,597 $ 6,861.25
Administrative Design Review each $1,891 $ 1,966.72
Permanent signs conforming to sign regulations each $594 $ 617.39 Temporary signs each $55 $ 57.28
Sidewalk Sign Permit (only) each $55 $ 57.28
Variances
Variance - Residential each $4,861 $ 5,055.77
Variance - Nonresidential each $7,332 $ 7,625.03
Miscellaneous
Pre-Application Review Meeting with Staff each $0
Pre-Application Study Session with Planning Commission or Design Review Bord each $4,072 $ 4,234.71 Landscape Consultant or Design Consultant each
Cost of consultant's
time plus 30%
administrative
overhead
Document Library and Associated Fees
Agenda Packet Page 161 of 360
FY 2021-22 FY 2023
Adopted 4%
Planning
Description Basis
Electronic Media-CD (of Plans etc.) each $20 $ 21.22
Laserfiche/Archiving per page/shee $3 $ 3.18
Zoning Map each $15 $ 15.91
General Plan Map each $15 $ 15.91
Specific Plan each $218 $ 227.01
Urban Greening Plan each $143 $ 148.51
Active Transportation Plan each $143 $ 148.51
General Plan each $50 $ 51.98
Use Permits
Use Permit Residential - 1 unit each $1,990 $ 2,069.62
Use Permit Residential - 2-4 units each $3,334 $ 3,467.76 Use Permit Residential - 5-10 units each $4,226 $ 4,394.89 Use Permit Residential - 11+ units each $5,117 $ 5,322.03 Use Permit Nonresidential - 1 - 2,500 s.f. each $3,334 $ 3,467.76 Use Permit Nonresidential - 2,501 - 10,000 s.f. each $4,226 $ 4,394.89 Use Permit Nonresidential - 10,000+ s.f. each $5,117 $ 5,322.03 Administrative Use Permit each $1,099 $ 1,142.48
Administrative Use Permit - Keeping Animals (Title 7) each $1,000 $ 1,039.58 Temporary Use Permit each $1,000 $ 1,039.58
Code Enforcement $ -
Administrative Citation Fee $19 $ 19.36
Note: Fees are based on the City's Cost Allocation Study to cover the cost of processing applications for all projects. The Planning Manager may determine a project to be unusually complex or time consuming and require a deposit at the time of application for estimated staff and consultant costs. If a standard fee has previously been paid, additional deposits may be required to cover extraordinary costs resulting from unforeseen complexities, delays or extra meetings. Hourly staff costs are based on employee wages and benefits, overhead, equipment and supervision, as determined by the City’s Cost Allocation Study.

Charges for third-party consultants will equal actual contract costs plus 30% administrative charge.

Agenda Packet Page 162 of 360
Building permit fees include inspection and permit issuance.

Plan review fees are calculated at a rate of 65 percent of the building permit fees and are in addition to the building permit fee FY 2023
The fees below are per each occurrence or unit unless otherwise noted and include any associated plumbing, electrical, and/or mechanical work. Increase/Decrease The following abbreviations are used: FY 2022 Adopted
Fees
sq.ft. = square feet l.f. = linear feet KW = kilowatt electric kWth = kilowatt thermal

PROJECT TYPES FEE
Standard Hourly Rate $175 $179 $ 185.64
Antenna - residential HAM or CB $524 $624 $ 648.96
Equipment Container/Building (Prefab) / Residemtial Elevators $682 $903 $ 939.12 Free-standing cellular building, antenna, and building site $755 $1,265 $ 1,315.60 New cellular antenna and supporting equipment added to existing site $316 $322 $ 335.21 Light pole or telephone pole mounted cellular 5G equipment $202 $206 $ 214.28 Awning or Canopy $333 $461 $ 479.44
Commercial Coach (per unit) $333 $602 $ 626.08
Commercial Vapor Recovery Systems $480 $586 $ 609.44
Demolition – whole or partial when exterior walls are removed $335 $342 $ 355.37 Demolition surcharge when PCB mitigation is involved $242 $247 $ 256.71 Flagpole $304 $365 $ 379.60
Accessory Structure/Storage shed of 200 sq.ft. or less – unfinished interior and no MEP $552 $579 $ 602.16 Accessory Structure/Storage shed for each additional 100 sq.ft. > 200 sq.ft. $37 $53 $ 55.12 Carport not exceeding 400 sq.ft. $450 $657 $ 683.28
New Garage (detached or attached) 500 sq. ft. or less (unfinished inside and only 1 electrical circuit) $552 $812 $ 844.48 New Garage (detached or attached) per additional 100 sq.ft. > 501 sq. ft. $101 $160 $ 166.40 New attached or detached accessory dwelling units – each 300 sq.ft. or fraction thereof. Includes 1 kitchen and 1 bathroom. $991 $1,481 $ 1,540.24
Conversion of existing space into an accessory dwelling unit – each 300 sq.ft. or fraction thereof.

Includes 1 kitchen and 1 bathroom. $698 $1,065 $ 1,107.60 Room additions of 300 sq. ft. or less without engineered calculations without a kitchen or bathroom $816 $1,071 $ 1,113.84 Room addition of 300 sq. ft. or less with engineered calculations without a kitchen or bathroom $962 $1,141 $ 1,186.64 Room additions per additional 100 sq.ft. > 300 sq.ft. with or without engineered calculations. $220 $286 $ 297.44 Residential remodel 300 sq. ft. or less without kitchen or bathroom remodel $588 $859 $ 893.36 Each additional 100 sq. ft. of residential remodel > 300 sq.ft. $130 $160 $ 166.40 Kitchen or bathroom remodel $480 $679 $ 706.16
Each additional kitchen or bathroom remodel when work is done at the same time as the first $240 $339 $ 352.56 New bathroom or kitchen added to existing dwelling or new/existing accessory structure $462 $700 $ 728.00 New or remodel commercial bathroom $625 $996 $ 1,035.84 Miscellaneous bathroom/kitchen repair involving only 1 fixture with plan review $304 $310 $ 322.48 Foundation repair (non-engineered) of 100 linear feet or less $480 $561 $ 583.44 Foundation repair (engineered) of 100 linear feet or less $552 $757 $ 787.28 Each additional 100 lin. ft. foundation repair (engineered or non- engineered) exceeding the first 100 l.f.. $101 $160 $ 166.40
Commercial and residential interior partitions not exceeding 30 linear feet $333 $428 $ 445.12 Each additional 30 lin. ft. of partition exceeding first 30 l.f. $101 $103 $ 107.14 New masonry fireplace when allowed by BAAQMD $670 $714 $ 742.56 Pre-fabricated metal fireplace that is EPA compliant $524 $588 $ 611.52 Fireplace demolition $377 $428 $ 445.12
Miscellaneous minor and structural repairs, alterations, dry rot/termite repairs of $10,000 valuation or less and requiring plan review $450 $681 $ 708.24
Miscellaneous Building Permit Fees for Projects Requiring a Plan Review

ACCESSORY STRUCTURES

ACCESSORY DWELLING UNITS
New or conversion accessory dwelling units employing Universal Design will receive a 25% discount off the above ADU fees.

ALTERATIONS/ADDITIONS/REPAIRS
Use
4%

MISCELLANEOUS PROJECTS
Agenda Packet Page 163 of 360
Building permit fees include inspection and permit issuance.

PROJECT TYPES FEE
Miscellaneous Building Permit Fees for Projects Requiring a Plan Review 4%
Dry rot/termite damage, miscellaneous alterations, and structural repairs of greater than $10,000 valuation must use Valuation Table as for new construction.

Residential Drainage - French Drain/Sump Pump $305 $365 $ 379.60 Building permit fees include inspection and permit issuance.

Plan review fees are calculated at a rate of 65 percent of the building permit fees and are in addition to the building permit fee
The fees below are per each occurrence or unit unless otherwise noted and include any associated plumbing, electrical, and/or mechanical work.

The following abbreviations are used:
sq.ft. = square feet l.f. = linear feet KW = kilowatt electric kWth = kilowatt thermal

PROJECT TYPES FEE
New decks and balconies not exceeding 100 sq.ft. $405 $551 $ 573.04 New decks and balconies not exceeding 500 sq.ft. $625 $775 $ 806.00 Each additional 100 sq. ft. of new deck or balcony exceeding 500 sq. ft. $130 $239 $ 248.56 Deck and balcony repairs of 100 sq. ft. or less $333 $390 $ 405.60 Deck and balcony repairs over 100 sq.ft and less than $10,000 valuation $450 $614 $ 638.56 Deck and balcony repairs of greater than $10,000 valuation must use the Valuation Table as for new construction.

Covered porch $231 $453 $ 471.12
Patio or deck cover – wood or metal frame not exceeding 300 sq.ft. $442 $459 $ 477.36 Each additional 300 sq.ft. of patio or deck cover exceeding 300 sq.ft. $138 $141 $ 146.39 Patio room constructed of wood or metal frame not exceeding 300 sq.ft. $560 $686 $ 713.44 Each additional 300 sq.ft. of patio room exceeding the first 300 sq.ft. $327 $334 $ 346.88 Commercial electric vehicle charging station – one only $370 $561 $ 583.44 Each Commercial EV charging station when 2 to 4 are installed at the same site $278 $284 $ 294.90 Each Commercial EV charging station when 5 or more installed at the same site $185 $189 $ 196.25 Fences or free-standing non-masonry walls 7 to 10 ft. high and not exceeding 100 linear feet $296 $400 $ 416.00 Each additional 100 lin. ft. of 6 to 10 feet high non-masonry fences or free- standing walls exceeding the first 100 lin. ft. $113 $125 $ 130.00
Fences or free-standing masonry walls less than 10 feet high and not exceeding 100 linear feet $597 $812 $ 844.48 Each additional 100 lin. ft. of less than 10 feet high masonry free-standing fences or walls exceeding the first 100 lin. ft. $146 $149 $ 154.88
Retaining Wall: Standard Design Non-Engineered not exceeding 50 linear feet $406 $526 $ 547.04 Each additional 50 l.f. non-engineered retaining wall exceeding 50 l.f. $101 $129 $ 134.16 Retaining Wall: Engineered 3-10' High not exceeding 50 linear feet $625 $890 $ 925.60 Each additional 50 l.f. eng. 3’-10’ high retaining wall exceeding 50 l.f. $175 $179 $ 185.64 Retaining Wall: Engineered over 10' High retaining wall not exceeding 50 l.f. $845 $1,141 $ 1,186.64 Each additional 50 l.f. eng. over 10’ high retaining wall exceeding 50 l.f. $248 $258 $ 268.32 Roof structure replacement not exceeding 100 sq.ft. $406 $428 $ 445.12 Each additional 100 sq.ft. roof structure replacement exceeding 100 sq.ft. $75 $97 $ 100.88 Engineered or non-engineered seismic retrofit/structural strengthening $406 $553 $ 575.12 $203 $276 $ 287.04
Valuation
Table

SEISMIC IMPROVEMENT
Engineered or non-engineered seismic retrofit/structural strengthening when using Planset A or conforming to Existing Building Code appendix chapter A3

DECKS, BALCONIES, PATIOS, PORCHES
Use
Valuation
Table

ELECTRIC VEHICLE CHARGING
FENCES

RETAINING WALLS
ROOFS
Agenda Packet Page 164 of 360
Building permit fees include inspection and permit issuance.

PROJECT TYPES FEE
Miscellaneous Building Permit Fees for Projects Requiring a Plan Review 4%
Structural Signs such as monument or large signs attached to a building, etc. $406 $553 $ 575.12 Non-structural signs such as individual lettering attached to building, etc. $260 $365 $ 379.60 Additional fee for each illuminated sign $75 $77 $ 79.56 Solar Photovoltaic up to 10 KW $300 $250 $ 260.00
Solar PV each 10KW or fraction thereof over 10 KW $150 $265 $ 275.60 Solar Thermal (solar water heating) up to 30 kWth $300 $306 $ 318.24 Solar Thermal each 30kWth or fraction thereof over first 30 kWth $150 $153 $ 159.12 Residential battery storage systems $260 $265 $ 275.81
Storage Racks: 0-5' high not exceeding 100 l.f. $260 $365 $ 379.60 Storage Racks: Greater than 5 feet and up to 8 feet high not exceeding 100 l.f. $333 $428 $ 445.12 Storage Racks: Greater than 8 feet high and not exceeding 100 l.f. $406 $526 $ 547.04 Each additional 100 l.f. of storage regardless of height $101 $129 $ 134.16 Building permit fees include inspection and permit issuance.

The following abbreviations are used:
sq.ft. = square feet l.f. = linear feet KW = kilowatt electric kWth = kilowatt thermal

PROJECT TYPES FEE
Prefabricated Spa or Hot Tub $260 $365 $ 379.60
Sauna or Steam Room added to existing or new/addition construction $377 $491 $ 510.64 Swimming Pool - Residential $552 $651 $ 677.04
Swimming Pool – Commercial not exceeding 800 sq. ft. $990 $1,392 $ 1,447.68 Each additional 100 sq. ft. commercial pool exceeding 800 sq. ft. $130 $160 $ 166.40 Office tenant improvements – minimum for T.I. not exceeding 500 sq. ft. $1,195 $1,787 $ 1,858.48 Each additional 100 sq. ft. or fraction thereof of office T.I. exceeding 500 sq.ft. $102 $156 $ 162.24 Retail tenant improvements – minimum for T. I. not exceeding 500 sq. ft. $1,340 $1,928 $ 2,005.12 Each additional 100 sq.ft. or fraction thereof retail T.I. exceeding 500 sq.ft. and not exceeding 25,000 sq. ft. $65 $113 $ 117.52
Each additional 100 sq.ft. or fraction thereof retail T.I. exceeding 25,000 sq.ft. $34 $54 $ 56.16 Restaurant tenant improvement – minimum for T.I. not exceeding 750 sq.ft. $1,632 $2,446 $ 2,543.84 Each additional 100 sq.ft. or fraction thereof restaurant T.I. exceeding 750 sq.ft. $115 $199 $ 206.96 New door cut into an existing wall $305 $317 $ 329.68
First replacement window or sliding glass door -structural with exterior surface break-out and/or frame modification $305 $317 $ 329.68
Each additional replacement structural window or sliding glass door when work is performed at the same time as the first $61 $62 $ 64.71
Skylights: New or replacement not exceeding 10 sq.ft. $230 $235 $ 243.98 Skylights: New or replacement and/or structural exceeding 10 sq.ft. $296 $302 $ 314.00

TENANT IMPROVEMENTS

WINDOWS, SKYLIGHTS, DOORS
SIGNS

SOLAR ENERGY & BATTERY STORAGE

STORAGE RACKS

SWIMMING POOLS, SPAS, HOT TUBS, SAUNAS
Agenda Packet Page 165 of 360
FY 2023
FY 2022 Adopted
Fees
sq.ft. = square feet min. = minimum 4%
Standard per hour rate for items not specifically covered in the fee schedule $158 $ 164.42 Change-of or assigned-new address request $420 $ 437.05 Earthquake mitigation inspection first hour $273 $ 284.29 Earthquake mitigation inspection per hour after the first hour $158 $ 164.42 Fire permit handling fee $105 $ 109.26
Building permit renewal when within one year after expiration date Building permit renewal when after one year after expiration date Building permit re-inspection fee after 2 failed inspections of the same item(s) $158 $ 164.42 Building permit re-inspection fee when nobody is on site for the inspection and it has not been cancelled ahead of the inspector’s leaving the office. $158 $ 164.42 Emergency non-scheduled emergency inspection call-out: per hour with a 4-hour minimum $158 $ 164.42 Pre-arranged or scheduled after hours inspection paid in advance: per hour with a 2-hour minimum $158 $ 164.42 Research – per half hour or fraction thereof $80 $ 82.74 Minor revisions to issued, non-expired permits: per hour $261 $ 271.56 Major revisions to issued non-expired permits: per hour with 3-hour min. $261 $ 271.56 Additional plan review by consultant after the second re-check Additional plan review by City staff after 2nd re-check: per hour $226 $ 235.50 Supplemental plan review: per hour $226 $ 235.50
Supplemental inspection or inspection request not related to an issued and active permit: per hour with one hour minimum $185 $ 192.00
Soils review processing by City staff $105 $ 109.26
Soils peer review by consultant
FEMA flood zone review $589 $ 612.08
New or replacement Certificate of Occupancy $263 $ 273.69 Temporary Certificate of Occupancy: per 30-day period $263 $ 273.69 $267 $ 277.68
$321 $ 334.15
$321 $ 334.15
$321 $ 334.15
$426 $ 443.41
$13 $ 13.79
$580 $ 603.60
Increase/Decrease
The following Building Permit fees unless otherwise noted are for projects that are not associated with or require plan review. Per hour fees are for each hour or fraction thereof unless otherwise noted.

MISCELLANEOUS PROJECTS/ITEMS

ELECTRIC VEHICLE CHARGERS
Residential electric vehicle level 1 or 2 charging station per each

MINOR REPAIRS AND ALTERATIONS
Miscellaneous minor bathroom/kitchen repair – 1 fixture only Miscellaneous minor repairs who PC and less than $10,000 valuation

RE-ROOFS
Miscellaneous roof repairs not exceeding 500 sq.ft.

Residential re-roof not exceeding 1,500 sq.ft.

Each additional 100 sq.ft. residential re-roof exceeding 1,500 sq.ft.

Commercial exceeding 5,000 sq.ft.

Miscellaneous Building Permit Fees for Projects Not Requiring Plan Reviews Agenda Packet Page 166 of 360
FY 2023
FY 2022 Adopted
Fees
sq.ft. = square feet min. = minimum 4%
Increase/Decrease
The following Building Permit fees unless otherwise noted are for projects that are not associated with or require plan review. Per hour fees are for each hour or fraction thereof unless otherwise noted.

Miscellaneous Building Permit Fees for Projects Not Requiring Plan Reviews $812 $ 844.40
$1,041 $ 1,083.08
$1,348 $ 1,402.38
$1,655 $ 1,721.68
$273 $ 284.29
$350 $ 363.85
$105 $ 109.26
$426 $ 443.41
$105 $ 109.26
$138 $ 143.52
$201 $ 209.04
$427 $ 444.48
$78 $ 80.62
$263 $ 273.69
$232 $ 240.80
$132 $ 136.84
$80 $ 82.74
Fire Department plan review when required
Each additional 400 sq.ft. stucco or fraction thereof over 400 sq.ft. sq.ft. = square feet min. = minimum
Commercial each 10,000 sq.ft. above 10,000 sq.ft.

SIDING AND STUCCO
Siding new or replacement
Each additional 400 sq.ft. siding or fraction thereof over 400 sq.ft.

Stucco new or replacement

RE-ROOFS
Commercial exceeding 5,000 sq.ft. and not exceeding 10,000 sq.ft.

Commercial exceeding 10,000 sq.ft. and not exceeding 20,000 sq.ft.

Commercial exceeding 20,000 sq.ft. and not exceeding 50,000 sq.ft.

Commercial exceeding 50,000 sq.ft. and not exceedeing 100,000 sq.ft.

Rental Housing Inspection: Multi-family additional units after the first Rental Housing Inspection: Reinspection after the first reinspection Rental Housing Inspection: cancellation with less than 72-hour notice Rental Housing Inspection: late payment
WINDOWS AND DOORS – NON-STRUCTURAL
Multiple window, sliding door, solar tube replacements – first 5 with no alterations to framing or exterior wall coverings and all done at the same time
Multiple window, sliding door, solar tube replacements – each additional 5 or fraction thereof above the first 5 with no alterations to framing or exterior wall coverings and all done at the same time

RENTAL HOUSING INSPECTIONS
Rental Housing Inspection: Single Family per unit
Rental Housing Inspection: Multi-family first unit
Public Works Engineering site inspection when required – per hour or fraction thereof SPA Specific Plan maintenance fee – Construction of new residential units SPA Specific Plan maintenance fee – Additions to existing non-residential buildings per additional sq.ft.

Document imaging of plans, calculations, and other supporting documents Continuing education
Planning plan review when required
Public Works review when required

OTHER MISCELLANEOUS FEES AND ASSESSMENTS
Door replacement not involving alterations to wall framing or exterior wall coverings Window, sliding door, solar tube replacement – one only and no alterations to framing or exterior wall coverings
Agenda Packet Page 167 of 360
FY 2022-23
FY 2021-22
Adopted Fees 4%
Item Unit
Permit Issuance Fee (applies to all MP&E permits) each permit $132 $ 137.28 Stand alone Mechanical Plan Check
per hour or
fraction thereof $232 $ 240.80
Minimum Mechanical Permit for Miscellaneous Work each $78 $ 80.62 A/C (residential) each $116 $ 120.93
Furnaces (FAU, floor) each $129 $ 134.16
Heater (wall) each $160 $ 166.40
Appliance Vent/Chimney (only) each $78 $ 80.62
Refrigeration Compressor each $116 $ 120.93
Boiler - <2,000k BTU each $129 $ 134.16
Boiler - greater than 2,000k BTU each $232 $ 240.80
Chiller each unit $116 $ 120.93
Central Heating System - New (includes duct, gas piping, electric, etc.) each $232 $ 240.80
Fan Coil Unit each $78 $ 80.62
Heat Pump (package unit) each $116 $ 120.93
Heater (unit, radiant, etc.) each $160 $ 166.40
Air Handler w/ducts more to 10k CFM each $78 $ 80.62
Air Handler w/ducts more than 10k CFM each $78 $ 80.62
Duct Work only each outlet/register each $40 $ 41.37
Evaporative Cooler each $78 $ 80.62
Make-up Air System each $116 $ 120.93
Moisture Exhaust Duct (clothes dryer) each $78 $ 80.62
Variable Air Volume Box (including duct work) each $116 $ 120.93 Vent Fan (single duct) each $78 $ 80.62
Vent System each $116 $ 120.93
Exhaust Hood and Duct (residential) each $78 $ 80.62
Exhaust Hood - Type I (commercial grease hood) each $154 $ 160.18 Exhaust Hood - Type II (commercial steam hood) each $116 $ 120.93 Non-Residential Incinerator each $385 $ 399.92
Refrigerator Condenser Remote each $232 $ 240.80
Walk-In Box/Refrigerator Coil each $116 $ 120.93
Other Mechanical Inspections (min.1/2 hr increments or fraction thereof) per hour $191 $ 198.37

MECHANICAL PERMIT FEES
The following permit fee tables are for all stand alone Mechanical, Plumbing, and/or Electrical work that is not included in new construction or other projects listed on the miscellaneous fee schedule.

The permit issuance fee is to be added to each mechanical, plumbing, and/or electrical permit in addition to the fees listed below:

MPE fees effective 7/1/2020 to 6/30/2021
Mechanical, Plumbing, Electrical (MPE Permit Issuance Fees) Agenda Packet Page 168 of 360
FY 2022-23
FY 2021-22
Adopted Fees 4%
Item Unit
The following permit fee tables are for all stand alone Mechanical, Plumbing, and/or Electrical work that is not included in new construction or other projects listed on the miscellaneous fee schedule.

The permit issuance fee is to be added to each mechanical, plumbing, and/or electrical permit in addition to the fees listed below:

MPE fees effective 7/1/2020 to 6/30/2021
Mechanical, Plumbing, Electrical (MPE Permit Issuance Fees)

PLUMBING / GAS PERMIT FEES
Stand Alone Plumbing Plan Check
per hour or
fraction thereof $232 $ 240.80
Minimum Plumbing Permit for Miscellaneous Work each $78 $ 80.62 Fixtures (each three)
each 3 or
fraction thereof $116 $ 120.93
Gas System (one outlet) one only $116 $ 120.93
Gas System (first five outlets) first five $154 $ 160.18 Gas Outlets (each additional)
each above the
first 5 $26 $ 26.52
Gas Test (stand alone or re-test) each occurrence $116 $ 120.93 Building Sewer each $78 $ 80.62
Grease Trap each $116 $ 120.93
Ejector Pump each $116 $ 120.93
Backflow Preventer (first five) first five $116 $ 120.93 Backflow Preventer (>5)
each above the
first 5 $26 $ 26.52
Roof Drain - Rainwater System each $78 $ 80.62
Water Heater (new and replacements) each $78 $ 80.62
Water Pipe Repair/Replacement per dwelling unit each $154 $ 160.18 Water Service each $78 $ 80.62
Drain-Vent Repair/Alterations
each main or
branch line $78 $ 80.62
Drinking Fountain each $78 $ 80.62
Graywater Systems each system $154 $ 160.18
Swimming Pool Piping and Gas each pool $232 $ 240.80
Medical Gas System (each outlet) each outlet $232 $ 240.80 Sump Pump each $116 $ 120.93
Private Storm Drainage System (each inlet) each inlet $78 $ 80.62 Other Plumbing and Gas Inspections (min. 1/2 hr increments or fraction thereof) per hour $191 $ 198.37

ELECTRICAL PERMIT FEES
Stand Alone Electrical Plan Check
per hour or
fraction thereof $232 $ 240.80
Minimum Electrical Permit for Miscellaneous Work each $78 $ 80.62 Single Phase Service (per 100 amps) per 100 amps $78 $ 80.62 Three Phase Service (per 100 amps) per 100 amps $116 $ 120.93 Electrical Subpanel with subfeed each $78 $ 80.62
Agenda Packet Page 169 of 360
FY 2022-23
FY 2021-22
Adopted Fees 4%
Item Unit
The following permit fee tables are for all stand alone Mechanical, Plumbing, and/or Electrical work that is not included in new construction or other projects listed on the miscellaneous fee schedule.

The permit issuance fee is to be added to each mechanical, plumbing, and/or electrical permit in addition to the fees listed below:

MPE fees effective 7/1/2020 to 6/30/2021
Mechanical, Plumbing, Electrical (MPE Permit Issuance Fees) 15 or 20 amp circuits - first ten first ten circuits $78 $ 80.62 15 or 20 amp circuits - each additional
each add'l circuit
> 10 $13 $ 13.79
25 to 40 amp circuits each $78 $ 80.62
50 to 175 amp circuits each $78 $ 80.62
200 amp and larger circuits each $78 $ 80.62
Temporary Service each $78 $ 80.62
Temporary Pole each $78 $ 80.62
Light Poles Commercial - first first pole $321 $ 333.84 Light Poles Commercial - additional
each add'l pole
after the first $78 $ 80.62
Pre-Inspection/consultation each $116 $ 120.93
Swimming Pool/Spa each $155 $ 161.24
Solar Photovoltaic Repairs each $116 $ 120.93
Generator Installation - Residential each $356 $ 370.24 Generator Installation - Commercial each $517 $ 537.68
Electrical Outlets (receptable & light fixture) first ten $125 $ 130.00 Electrical Outlets (each additional)
each add'l outlet
after 1st 10 $13 $ 13.79
Other Electrical Inspections (min. 1/2 hr increments or fraction thereof) per hour or
fraction thereof $191 $ 198.37
Agenda Packet Page 170 of 360
Adopted % $
% of total permit fee 0.50% 0.51% 53.04%
% of project cost 1% 1.02% 1.06%
$1 1.02 1.06%
$2 2.04 2.08%
$3 3.06 3.18%
$4 4.08 4.24%
Add $1
Adopted
FY2020-21
per dwelling unit $5,744 5,881 9.80% $ 6,457
per dwelling unit $2,829 2,897 9.80% $ 3,181
per dwelling unit $1,551 1,588 9.80% $ 1,744
per room $3,676 3,764 9.80% $ 4,133
per square foot $6.96 7.13 9.80% $ 7.82
per square foot $9.21 9.43 9.80% $ 10.35
per square foot $5.87 6.01 9.80% $ 6.60
per square foot $0.80 0.82 9.80% $ 0.90
per AM peak hour
trip $7,762 7,948 9.80% $ 8,727
per dwelling unit $3,543 3,628 9.80% $ 3,984
per dwelling unit $2,479 2,539 9.80% $ 2,788

9.80% $ -
per square foot $4.77 4.89 9.80% $ 5.37
per square foot $3.90 3.99 9.80% $ 4.38
per square foot $4.11 4.21 9.80% $ 4.62
per square foot $2.59 2.65 9.80% $ 2.91
Note: * Applies to development projects that do not clearly conform to one of the defined residential or nonresidential categories and is likely to be applicable only in exceptional cases. In such cases, consult the Transportation Impact Fee Administrative Guidelines.

Hotel/Motel
Office
Industrial
TIF**

RESIDENTIAL
Single Family
Multi-Family

NONRESIDENTIAL
Commercial
Transportation Impact Fee (TIF) (as established by City Council Resolution No. 2018-70 on December 18, 2018 and Ordinance No. 2019-01 on January 15, 2019).

Other* to be determined
**STMP & TIF are increased yearly based on the San Francisco region February ENR Construction Cost Index (SFCCI) increase as compared to the prior February rate. Accessory Dwelling Units (ADU) are not required to pay STMP & TIF fees. storage facility
Other* (as determined by Public
Works)
Notes: *Applies to development projects that do not clearly conform to one of the defined residential or nonresidential categories and is likely to be applicable only in exceptional cases. In such cases, consult the STMP Administrative Guidelines.

Type of Fee Unit Basis
West Contra Costa Transportation Advisory
Committee, Subregional Transportation Mitigation
Program (STMP)**
Retail
Office
industrial
single family residential
multi-family residential
senior housing
Hotel
$75,001 - $100,000
Every $25,000 or fraction above $100,000
Calif. Building Standards Commission
CBSC
$1 - $25,000 Permit Valuation
$25,001 - $50,000
$50,001 - $75,000
(.50 minimum)
Master Fee Schedule FY 2020-21
Calif. Strong Motion Instrumentation Program
SMIP
residential const. value x .00013
(.50 minimum)
commercial const. value x .00028
for projects $250,000 or more
Additional Fees - Other Mandated Building Permits
SMIP, CBSC, and STMP Fees are collected by, but not set by the City FY 2021-22 Construction Tax, ECMC 4.36.010
Proposed FY 2023
Increase/Decrease
for new construction and additions
Art in Public Places, ECMC 13.50
Agenda Packet Page 171 of 360
Valuation Fee
$1 to $800 Minimum fee of $136.24
$801 to $3,000 $136.24 for the first $800 plus $12.11 for each additional $100 valuation or fraction thereof, to and including $3,000
$3,001 to $38,000 $403.20 for the first $3,000 plus $53.65 for each additional $1,000 valuation or fraction thereof, to and including $38,000
$38,001 to $75,000 $2,280.94 for the first $38,000 plus $39.71 for each additional $1,000 valuation or fraction thereof, to and including $75,000
$75,0001 to $150,000 $3,748.19 for the first $75,000 plus $27.18 for each additional $1,000 valuation or fraction thereof, to and including $150,000
$150,001 to $750,000 $5786.04 for the first $150,000 plus $21.74 for each additional $1,000 valuation or fraction thereof, to and including $750,000
$750,000 to $1,500,000 $19,868.30 for the first $750,000 plus $18.44 for each additional $1,000 valuation or fraction thereof, to and including $1,500,000
$1,500,001 to $10,000,000 $32,657 for the first $1,500,000 plus $15.79 for each additional $1,000 valuation or fraction thereof, to and including $10,000,000
$10,000,001 and up $166,862. for the first $10,000,000 plus $7.06 for each additional $1,000 valuation or fraction thereof New Construction and Other Fees Based on Valuation
The following table is used to calculate permit (Issuance and Inspection) fees based on the valuation of all new residential, commercial, and industrial construction either not covered in or referenced by the Miscellaneous Building Permit Fee table. Valuation will be determined by the 1997 UBC Valuation Table and adjusted by the S.F. Bay Area Engineering News Record Construction Cost Index increase from 1997 to June 2020 or by actual contract price when the type of construction is not represented in the Valuation Table. Plan review is additional and is calculated at 65% of the established permit fee.

This schedule is effective 7/1/2022 to 6/30/2023
Agenda Packet Page 172 of 360
Occupancy/Type per/sqft Occupancy/Type per/sqft Occupancy/Type per/sqft Occupancy/Type per/sqft

2.4% New Fee 4.0% New Fee 2.4% New Fee 4.0% New Fee 2.4% New Fee 4.0% New Fee 2.4% New Fee 4.0% New Fee Type I-A or II-A* 245 5.88 250.88 10.04 260.92
Type V-B - Wood
Frame 207 4.97 211.97 8.48 220.45 Type I-A or II-A 261 6.26 267.26 10.691 277.955 Type III-A 219 5.26 224.26 8.970 233.226 Type V-A Masonry
(or Type III) 199 4.78 203.78 8.15 211.93
Type V-B- Wood
Frame (Engrd) 228 5.47 233.47 9.34 242.81 Type II-A 191 4.58 195.58 7.823 203.407 Type III -B 211 5.06 216.06 8.643 224.707 Type V-B - Wood
Frame 184 4.42 188.42 7.54 195.95 Type V-B - Masonry 217 5.21 222.21 8.89 231.10 Type II -B 182 4.37 186.37 7.455 193.823 Type V-A 200 4.80 204.80 8.192 212.992 Type I Basement
Garage 84 2.02 86.02 3.44 89.46 Basements 0.00 0.00 0.00 0.00 Type III-A 202 4.85 206.85 8.274 215.122 Type V-B 192 4.61 196.61 7.864 204.472 Type V-A 201 4.82 205.82 8.23 214.06 Semi Finished 52 1.25 53.25 2.13 55.38 Type III -B 192 4.61 196.61 7.864 204.472 Unfinished 40 0.96 40.96 1.64 42.60 Type V-A 190 4.56 194.56 7.782 202.342 Type V-B 182 4.37 186.37 7.455 193.823
Occupancy/Type per/sqft Occupancy/Type per/sqft Occupancy/Type per/sqft Occupancy/Type per/sqft

2.4% New Fee 4.0% New Fee 2.4% New Fee 4.0% New Fee 2.4% New Fee 4.0% New Fee 2.4% New Fee 4.0% New Fee Type I or II-A 235 5.64 240.64 9,63 250.470 Type I-A or II-A 257 6.17 263.17 10.53 273.69 Type I-A or II-A* 268 6.43 274.43 10.98 285.41 Type I-A & B 250 6.00 256.00 10.24 266.24 Type II-B 170 4.08 174.08 6.960 181.040 Type II -B 159 3.82 162.82 6.51 169.33 Type IIA 207 4.97 211.97 8.48 220.45 Type II-A 170 4.08 174.08 6.96 181.04 Type III -A 179 4.30 183.30 7.330 190.630 Type III-A 185 4.44 189.44 7.58 197.02 Type II -B 197 4.73 201.73 8.07 209.80 Type III-A 182 4.37 186.37 7.45 193.82 Type III -B 170 4.08 174.08 5.880 152.960 Type III -B 177 4.25 181.25 7.25 188.50 Type III-A 224 5.38 229.38 9.18 238.55 Type III -B 175 4.20 179.20 7.17 186.37 Type V-A 171 4.10 175.10 7.000 182.100 Type V-A 173 4.15 177.15 7.09 184.24 Type III -B 209 5.02 214.02 8.56 222.58 Type V-A 171 4.10 175.10 7.00 182.11 Type V-B 160 3.84 163.84 6.550 170.390 Type V-B 164 3.94 167.94 6.72 174.65 Type V-A 202 4.85 206.85 8.27 215.12 Type V-B 163 3.91 166.91 6.68 173.59 Type V-B 195 4.68 199.68 7.99 207.67
Occupancy/Type per/sqft Occupancy/Type per/sqft Occupancy/Type per/sqft Occupancy/Type per/sqft

2.4% New Fee 4.0% New Fee 2.4% New Fee 4.0% New Fee 2.4% New Fee 4.0% New Fee 2.4% New Fee 4.0% New Fee Type I-A or II-A* 332 7.968 339.968 13.599 353.567 Type I-A or II-A 233 5.592 238.592 9.544 248.136 Type I-A or II-A* 240 5.76 245.76 9.83 255.59 Type II -B 151 3.62 154.62 6.18 160.81 Type II-A 245 5.880 250.880 10.035 260.915 Type II-A 233 5.592 238.592 9.544 248.136 Type II-A 160 3.84 163.84 6.55 170.39 Type III-A 157 3.77 160.77 6.43 167.20 Type II -B 237 5.688 242.688 9.708 252.396 Type II -B 181 4.344 185.344 7.414 192.758 Type II -B 153 3.67 156.67 6.27 162.94 Type V-A 134 3.22 137.22 5.49 142.70 Type III-A 270 6.480 276.480 11.059 287.539 Type III-A 197 4.728 201.728 8.069 209.797 Type III-A 174 4.18 178.18 7.13 185.30 Canopies 63 1.51 64.51 2.58 67.09 Type III -B 261 6.264 267.264 10.691 277.955 Type III -B 189 4.536 193.536 7.741 201.277 Type III -B 166 3.98 169.98 6.80 176.78 Type V-A 245 5.880 250.880 10.035 260.915 Type V-A 190 4.560 194.560 7.782 202.342 Type V-A 162 3.89 165.89 6.64 172.52 Type V-B 234 5.616 239.616 9.585 249.201 Type V-B 184 4.416 188.416 7.537 195.953 Type V-B 153 3.67 156.67 6.27 162.94 Type V-B 153 3.67 156.67 6.27 162.94
Building Valuation Table Data
FY 2021-22 FY 2022-23 FY 2021-22 FY 2022-23 FY 2021-22 FY 2022-23 The following building valuation data are based on the 1997 Uniform Building Code and adjusted with 1.835 S.F. Bay Area modifier based on ENR construction cost index 1997-2019 FY 2021-22 FY 2022-23
Incr/Decr Incr/Decr Incr/Decr Incr/Decr Incr/Decr Incr/Decr Incr/Decr Incr/Decr APARTMENT BUILDINGS (R-2
OCC) DWELLINGS R-3 OCC) LIBRARIES (A-3 OCC) RESTAURANTS (A-2, B OCC) FY 2021-22 FY 2022-23 FY 2021-22 FY 2022-23 FY 2021-22 FY 2022-23 FY 2021-22 FY 2022-23 Incr/Decr Incr/Decr Incr/Decr Incr/Decr Incr/Decr Incr/Decr Incr/Decr Incr/Decr AUDITORIUMS (A-3 OCC) FIRE STATIONS (Essential
Services) MEDICAL OFFICES (B OCC) SCHOOLS (E OCC)
FY 2021-22 FY 2022-23 FY 2021-22 FY 2022-23 FY 2021-22 FY 2022-23 FY 2021-22 FY 2022-23 Incr/Decr Incr/Decr Incr/Decr Incr/Decr Incr/Decr Incr/Decr Incr/Decr Incr/Decr BANKS (B OCC) CARE FACILITIES (R-4, R-2, R3.1 OCC) OFFICES (B OCC)** SERVICE STATIONS (Special OCC)
Agenda Packet Page 173 of 360
Building Valuation Table Data
The following building valuation data are based on the 1997 Uniform Building Code and adjusted with 1.835 S.F. Bay Area modifier based on ENR construction cost index 1997-2019 Occupancy/Type per/sqft Occupancy/Type per/sqft Occupancy/Type per/sqft

2.4% New Fee 4.0% New Fee 2.4% New Fee 4.0% New Fee 2.4% New Fee 4.0% New Fee 2.4% New Fee 4.0% New Fee Type II-A 114 2.74 116.74 4.67 121.41 Type I-A or II-A 227 5.45 232.45 9.30 241.75 Type V-B - Wood
Frame 52 1.25 53.25 2.13 55.38 Type I-A or II-A* 185 4.44 189.44 7.58 197.02 Type II -B 107 2.57 109.57 4.38 113.95 Type III-A 196 4.70 200.70 8.03 208.73 Type V-B - Masonry: 61 1.46 62.46 0.04 62.50 Type II-A 113 2.71 115.71 4.63 120.34 Type III-A 125 3.00 128.00 5.12 133.12 Type III -B 187 4.49 191.49 7.66 199.15 Carport 31 0.74 31.74 1.27 33.01 Type II -B 111 2.66 113.66 4.55 118.21 Type III -B 116 2.78 118.78 4.75 123.54 Type V-A 171 4.10 175.10 7.00 182.11 Type III-A 138 3.31 141.31 5.65 146.96 Type V-A 84 2.02 86.02 3.44 89.46 Type V-B 168 4.03 172.03 6.88 178.91 Type III -B 129 3.10 132.10 5.28 137.38 Type V-A 116 2.78 118.78 4.75 123.54
Type V-B 107 2.57 109.57 4.38 113.95
Occupancy/Type per/sqft Occupancy/Type per/sqft Occupancy/Type per/sqft

2.4% New Fee 4.0% New Fee 2.4% New Fee 4.0% New Fee 2.4% New Fee 4.0% New Fee 2.4% New Fee 4.0% New Fee Type I-A or II-A 223 5.35 228.35 9.13 237.49 Type I-A or II-A 128 3.07 131.07 5.24 136.31 Type I-A or II-A* 277 6.65 283.65 11.35 294.99 Type I-A or II-A 246 5.90 251.90 10.08 261.98 Type II-A 167 4.01 171.01 6.84 177.85 Type II -B 82 1.97 83.97 3.36 87.33 Type II-A 224 5.38 229.38 9.18 238.55 Type III-A 179 4.30 183.30 7.33 190.63 Type II -B 159 3.82 162.82 7.45 170.27 Type III-A 98 2.35 100.35 4.01 104.37 Type II -B 214 5.14 219.14 8.77 227.90 Type III -B 171 4.10 175.10 6.92 182.03 Type III-A 182 4.37 186.37 7.45 193.82 Type III -B 92 2.21 94.21 3.77 97.98 Type III-A 233 5.59 238.59 9.54 248.14 Type V-A 169 4.06 173.06 6.92 179.98 Type III -B 174 4.18 178.18 7.13 185.30 Tilt-Up 67 1.61 68.61 2.74 71.35 Type III -B 225 5.40 230.40 9.22 239.62 Type V-B 160 3.84 163.84 6.55 170.39 Type V-A 170 4.08 174.08 6.96 181.04 Type V-A 92 2.21 94.21 3.77 97.98 Type V-A 213 5.11 218.11 8.72 226.84 Type V-B 160 3.84 163.84 6.55 170.39 Type V-B 84 2.02 86.02 3.44 89.46 Type V-B 206 4.94 210.94 8.44 219.38 Occupancy/Type per/sqft Occupancy/Type per/sqft Occupancy/Type per/sqft

2.4% New Fee 4.0% New Fee 2.4% New Fee 4.0% New Fee 2.4% New Fee 4.0% New Fee 2.4% New Fee 4.0% New Fee Type I-A or II-A* 312 7.49 319.49 12.78 332.27 Type I-A or II-A 357 8.57 365.57 14.62 380.19 Type I-A or II-A* 110 2.64 112.64 4.51 117.15 Type I-A or II-A 111 2.66 113.66 4.55 118.21 Type II-A 217 5.21 222.21 8.89 231.10 Type III-A 326 7.82 333.82 13.35 347.18 Type I-A or II-B Open Parking* 82 1.97 83.97 3.36 87.33 Type V-A 66 1.58 67.58 2.70 70.29 Type III-A 222 5.33 227.33 9.09 236.42 Type V-A 245 5.88 250.88 10.04 260.92 Type II -N 63 1.51 64.51 2.58 67.90 Type II-B or V-B 62 1.49 63.49 2.54 66.03 Type V-A 209 5.02 214.02 8.56 222.58 Type III 1-Hour 83 1.99 84.99 3,40 88.39 Type III-A 74 1.78 75.78 3.03 78.81 Type III -N 74 1.78 75.78 3.03 78.81 Type III -B 71 1.70 72.70 2.91 75.61 Type V 1-Hour 76 1.82 77.82 3.11 80.93
*
**
***
FY 2021/22 Note: Increases are based on the Engineering News Record Construction Cost Index increase for the San Francisco Bay Area as of June of each year.

Occupancy/Type per/sqft
FY 2021-22 FY 2022-23 FY 2021-22
Incr/Decr Incr/Decr Incr/Decr
BOWLING ALLEYS (A-3 OCC) HOTELS AND MOTELS (R-1

OCC) PRIVATE GARAGES (U OCC) STORES (M OCC)
FY 2022-23 FY 2021-22 FY 2022-23 FY 2021-22 FY 2022-23
Incr/Decr Incr/Decr Incr/Decr Incr/Decr Incr/Decr
FY 2022-23
Incr/Decr Incr/Decr
CHURCHES (A-3 OCC) INDUSTRIAL, FACTORIES (F-1,
F-2 OCC)
PUBLIC BUILDINGS (A-3, B
OCC) THEATERS (A-1 OCC)
FY 2021-22 FY 2022-23 FY 2021-22 FY 2022-23
Occupancy/Type per/sqft Incr/Decr Incr/Decr Incr/Decr Incr/Decr Incr/Decr Incr/Decr FY 2021-22 FY 2022-23 FY 2021-22 FY 2022-23
Add 0.5 percent to total cost for each story over 3
Deduct 20 percent for shell only buildings
Deduct 11 percent for mini-warehouses
Incr/Decr Incr/Decr

CONVALESCENT HOSPITALS
(I-2 OCC) JAILS PUBLIC GARAGES (S2) WAREHOUSES (S1, S2)*** Occupancy/Type per/sqft
FY 2021-22 FY 2022-23 FY 2021-22 FY 2022-23
Incr/Decr Incr/Decr Incr/Decr Incr/Decr Incr/Decr Incr/Decr FY 2021-22 FY 2022-23 FY 2021-22
Agenda Packet Page 174 of 360

AGENDA BILL
Agenda Item No. 8.A.

Date: May 17, 2022
To: El Cerrito City Council
From: Will Provost, Operations & Environmental Services Division Manager, Public Works Department; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Subject: Proposed Agreement with East Bay Sanitary for the Provision of Solid Waste Collection Services

ACTION PROPOSED
Adopt a resolution authorizing the City Manager to execute the Agreement with East Bay Sanitary, Inc. for the Provision of Solid Waste Collection Services effective June1, 2022.

BACKGROUND
History of Customer Satisfaction and Performance
East Bay Sanitary, Inc. (EBS) has provided solid waste collection services to residents and businesses in the City of El Cerrito (City) since 1942. The City’s current Franchise Agreement (Agreement) with EBS was executed in 1997, has been amended seven times, and expires on December 31, 2025.

During the 80 years that EBS has provided service in the City, the company has been responsive and responsible, with high quality services offered to residents, businesses, and the City itself. The City and EBS have a long-standing relationship, with a good level of customer service, and the City recently conducted an overall positive performance review of hauler collection services.

In 2020, the City commissioned a performance review of EBS’s operations that found EBS to be a reputable and responsive operator with every incentive to provide excellent service in El Cerrito. The final report detailing the outcomes of the performance review is included as Attachment 2. The report identified limited areas for improvement, all of which have been addressed since the review was completed.

In 2021, EBS conducted a customer satisfaction survey of its customers (with over 1,000 respondents) that found 89% of customers were either very satisfied (51%) or satisfied (38%) with EBS’s garbage and organic waste collection services. No more than 4% of customers were dissatisfied or very dissatisfied with any of the survey questions regarding EBS’s services. Comments in the survey have been duly considered (and largely addressed) via the negotiation of a new agreement with EBS.

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Due to EBS’s long working history with the City, and because EBS only serves the City of El Cerrito, there is an inherent focus on the City and intimate knowledge of its customer base. EBS is always ready and willing to provide information and data requested by the City – this is not always the case with other solid waste service providers.

Rationale for Negotiating a New Agreement with EBS.

Due to the fact that the current EBS Agreement expires on December 31, 2025, the City must arrange for ongoing garbage and organic waste collection, processing, and disposal services effective January 1, 2026. In securing such services, the City may negotiate a new agreement with EBS (the current Agreement allows for good faith negotiation for amendment and extension) or competitively procure a new agreement, or both. With over three years remaining in the current Agreement, the City still preserves the ability to proceed to a competitive procurement process for solid waste collection services if it does not approve a new agreement with EBS.

The City’s interests in updating the terms and conditions of solid waste collection services with EBS are the result of the need to implement the requirements of Senate Bill (SB) 1383, Short-Lived Climate Pollutants: Organic Waste Methane Emissions Reductions, which took effect January 1, 2022 and is further described in the November 16, 2021 Agenda Bill regarding the ordinance amending the City’s municipal code to implement it. While the City is responsible for ensuring compliance with the many requirements of SB 1383, certain key obligations such as procurement of new colorcompliant carts, route inspections and outreach and education can be assigned to EBS.

Securing EBS’s fulfillment of those obligations now will put the City on the fast-track to full compliance with SB 1383.

The City and EBS have mutual interest in updating the terms and conditions of solid waste collection services via a new agreement. One of EBS’s primary interests in a long-term agreement is to enable amortization of new truck and container purchases over a longer period of time and avoidance of “stranding” the value of such assets at the end of the current term. EBS is also interested in a long-term agreement in order to remain in business and to preserve the value of the company into the future.

EBS has proposed to continue providing solid waste collection services in the City via a long-term agreement that would provide the City with programs and services to comply with SB 1383, provide many service enhancements, improve customer service coordination with recycling services, immediately transition to use of renewable diesel for its collection vehicles, and arrange for the purchase and use of electric or zero emission collection vehicles at such time as it is technologically and economically feasible.

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Agenda Item No. 8.A.

Negotiation Approach and Outcomes
City staff with the assistance of R3 Consulting Group Inc. (R3) negotiated the terms and conditions of the new Solid Waste Collection Services Agreement (Agreement) with EBS over many negotiation sessions since April 2021. EBS submitted a proposal for new services and term extension on July 28, 2021 (Attachment 3).

During negotiations, the City’s objectives were to provide for a fully updated and modern form of agreement, secure programs and services for SB 1383 compliance, provide enhanced programs and services for El Cerrito’s residents and businesses, and avoid increases in solid waste rates. City interests for service enhancements included large vegetation pick-ups to help with fire reduction measures, bulky item pick-up to help ameliorate illegal dumping, more regular service of public trash receptables, and additional service enhancements for growing multi-family developments.

Finally, the City was seeking to arrange for ongoing garbage and organics collection, processing, and disposal services starting January 1, 2026, which must be secured either via extension of the current agreement with EBS, or via procurement of a new franchise agreement. All of the City’s objectives were met and are included in the proposed Agreement, which is included as Attachment 4.

ANALYSIS
The proposed Agreement preserves all existing solid waste collection services provided by EBS, and enhances services provided to residents, businesses and the City. The subsections below provide an overview of the new terms and conditions included in the proposed Agreement.

Impacts to Rates
Via the proposed Agreement, EBS will provide the new programs and services without any change to its compensation methodology. As such, there will be no changes to solid waste collection rates resulting from execution of the proposed Agreement.

EBS’s compensation will continue to be adjusted annually as it has since 2012, using the current methodology of compensating EBS for collection services, which includes annual adjustments to compensation based on a prescribed formula in which inflation indices for seven operational cost categories (e.g., fuel and labor) are weighted and calculated to result in an annual percentage adjustment to the revenue requirement.

Changes in the revenue requirement result in proposed adjustments to rates to generate revenue sufficient to meet the revenue requirement.

The next such adjustment would not be proposed to be implemented until January 1, 2023 and would not include any new additional compensation to the company for the services provided under the proposed Agreement. Such annual adjustments are anticipated to be similar to adjustments in prior years, which have historically ranged from 1.5% to 3.6%.

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Agenda Item No. 8.A.

SB 1383 Compliance Services
With no change to EBS’s compensation, the proposed Agreement includes new programs and services to facilitate the City’s compliance with SB 1383. These include:

1. Universal Organic Waste Collection. EBS will provide, at a minimum, collection of one 64-gallon organics container (collected once weekly) for all residential, commercial and multi-family customers in the City by June 1, 2022. With this change, all commercial and multi-family customers will receive a minimum level of organics service, thus incentivizing participation in the organics collection program and enabling universal compliance with the participation requirements of SB 1383. The 2022 solid waste rates approved by the City Council in December 2021 anticipated universal roll-out of organic waste collection services.

2. New Garbage and Recycling Carts. By April 1, 2023, EBS will provide all residential and commercial solid waste customers that use carts with new garbage and recycling carts meeting the color and labelling requirements of SB 1383. Garbage carts will be black or grey and recycling carts will be blue, meeting the new Statewide color standards established by SB 1383. The City will retain ownership of such carts upon termination of the Agreement. EBS will also paint all garbage, recycling, and organic waste collection bins to meet the SB 1383 color requirements.

3. Cart and Container Labels. EBS will provide durable, long-lasting labels on all collection carts and containers in the City (inclusive of garbage, recycling, and organic waste carts and containers) specifying what materials are allowed to be placed in each container and items that are prohibited.

4. Compliance Reviews. EBS will conduct annual reviews of commercial customers regarding compliance with SB 1383 requirements and will provide required reports to the City. This includes identification and reporting of any garbage customer that is not also subscribed to organic waste collection service (unless that customer has an approved waiver from the SB 1383 requirements).

5. Contamination Audits / Route Reviews. EBS will conduct annual reviews of its routes for prohibited contaminants, as required by SB 1383, and will provide required reports to the City.

6. Education and Outreach. EBS will provide outreach and education services, as required by SB 1383, that supplement the City’s outreach and education efforts.

7. SB 1383 Waivers. Unless other arrangements are made by the City (i.e., via Memorandum of Understanding with RecycleMore), EBS will be responsible for the distribution, collection and evaluation of waiver applications as appropriate and provide the City with a recommendation to accept or deny waiver requests.

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8. Edible Food Recovery. Unless other arrangements are made by the City (i.e., via Memorandum of Understanding with RecycleMore), EBS will identify and conduct outreach to edible food generators as required by SB 1383.

9. Compost Procurement. To assist the City in meeting the organic waste procurement requirements of SB 1383, EBS will provide the City with up to 480 cubic yards of compost annually, delivered to a location and on a schedule as agreed to with the City. The City may use this material for giveaways to residents and businesses or apply the compost to City parks and public spaces.

10. Recordkeeping and Reporting. SB 1383 requires the City to maintain detailed records relating to compliance with the regulations, and to report details to CalRecycle on a regular basis. Via the proposed Agreement, EBS will maintain detailed records and provide required reporting to the City.

Service Enhancements
Above and beyond the SB 1383 programs and services that EBS has committed to providing, the proposed Agreement also includes enhancements to solid waste services, which are summarized below.

1. Expanded Bulky / Large Item Collection. Currently, El Cerrito residents (those in residential developments four units and below) are able to receive annual collection of up to one and one half (1.5) cubic yards each of garbage and organic waste, for a total of three (3) cubic yards annually. Via the proposed Agreement, this amount will increase to eight (8) cubic yards annually, and will include large items, such as furniture.

Additionally, EBS will begin offering bulky / large item collection service to multifamily dwellings (those in residential developments five units and above). This will provide new solutions for responsible recycling and disposal of movein/move-out waste from multi-family dwellings, thus helping to alleviate illegal dumping concerns in the City. Currently, most multi-family dwellings do not receive any bulky waste / large item service included in the base rates. This new service provides bulky waste / large item collection and removal services to all multi-family dwelling complexes (up to four large items or approximately 4 cubic yards annually for each unit, up to 20 units).

2. E-waste / U-waste Collection Service. Currently, the City’s residents have the ability to request collection of electronic waste twice (2) annually. Via the proposed Agreement, this service is increased to three (3) times annually and will also include collection of universal waste (e.g., bulbs and batteries).

3. Fire Prevention Clean-ups. As a new service to assist the City in advancing fire safety, EBS will provide the City with up to twenty-four (24) collections of debris boxes from fire prevention clean-ups annually. This service will be performed on an on-call basis at the City’s request.

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4. Illegal Dumping Clean-ups. As a new service to assist the City in cleaning up illegally dumped materials, EBS will provide the City with up to fifty (50) illegal dumping clean-ups annually. This service will be performed on an on-call basis at the City’s request. EBS will also report illegal dumping sightings throughout the City. Additionally, EBS will provide more frequent public (street) container collection service, which will also reduce the amount of visible solid waste in the public space.

5. Back-up Recycling Collection Service. EBS will provide the City with back-up drivers and collection vehicles in the event that the City experiences a service interruption and cannot provide scheduled recycling collection services. These services will be at hourly or daily rates as provided for in the proposed Agreement.

6. Customer Service Enhancements. EBS will procure and implement a new customer service management system by June 2023. This system will provide new benefits to EBS, the City and its customers, including the ability for the City and EBS to use one universal system (rather than the current two). EBS will provide the City with access to its customer service system for the purpose of better coordinating solid waste collection services for customers.

7. Enhanced Reporting. Finally, EBS will also be required by the Agreement to provide detailed quarterly and annual reports summarizing its fulfillment of programs and services. These include EBS’s engagement with customers to fulfill the requirements of SB 1383, facts and figures related to EBS’s operational and financial performance, and even EBS’s implementation of environmental stewardship initiatives.

8. Electric or Zero Emission Collection Vehicles. EBS has committed to purchasing and using electric or zero emission collection vehicles at such time as the technology is viable and economically feasible. EBS will report to the City no less than annually on the status of the transition, and the City and EBS will, no less than annually, confer on the degree to which it is technically and economically feasible to transition some or all collection vehicles to electricity. If determined to be economically feasible, EBS will not be entitled to a change in its compensation for transitioning to electric collection vehicles; however, per the proposed Agreement, EBS will be entitled to a change in compensation for construction of a charging station, subject to the mutual agreement of the City and approval of the City Council. EBS will immediately transition to use of renewable diesel for its collection vehicles.

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Services Provided by RecycleMore
As a member of RecycleMore (the West Contra Costa Integrated Waste Management Authority), the City may be provided with SB 1383 support services which RecycleMore would provide via a Memorandum of Understanding (MOU). The final MOU has not yet been executed; however, RecycleMore is planning to conduct some SB 1383 compliance activities that are also included in the proposed Agreement, that specifies EBS will complete the activities unless the City makes other arrangements. Those services include contamination audits / route reviews, edible food recovery outreach, and SB 1383 waivers, all of which EBS is agreeing to provide to the City at no change in compensation.

Including these terms in the proposed agreement affords the City greater flexibility in completing key SB 1383 compliance services, irrespective of RecycleMore’s provision of these services. As such, this is an advantage to the City in that any future decision by RecycleMore not to continue providing said services would not involve additional negotiations for these services with EBS or another service provider. Moreover, since EBS is agreeing to engage in these activities at no change in compensation, the City will be seeking to opt-out of certain activities conducted by RecycleMore, with the effect of lowering the cost of SB 1383 compliance for El Cerrito rate payers.

Form of Agreement
The proposed Agreement fully updates and modernizes the terms and conditions of service with EBS. Modernizing the Agreement is an important consideration for the City, in that the proposed Agreement includes updated performance standards, insurance and performance bond requirements, and other protections that benefit the City in the event that EBS is sold to another company in the future.

If EBS is sold, the company would need to seek the City’s consent to assignment of the Agreement. The new terms and conditions included in the proposed Agreement provide the City with discretion regarding its consent to assignment, as well as resources with which to conduct due diligence review of any proposed assignee.

Term of Agreement
In order to provide the SB 1383 programs and services and other service enhancements without changes to EBS’s compensation, City staff and EBS are proposing a ten (10) year agreement with automatic one (1) year extensions. Though City staff and R3 originally proposed an eight (8) year term of agreement, EBS was not agreeable to that term length without increasing its compensation.

Agreements with automatic one-year extensions are common with small privately held solid waste companies like EBS, as they help with the ability to secure financing while also providing for greater financial stability than an agreement that winds down over time. This avoids increases in EBS compensation, achieves rate stability for the City’s ratepayers, and provides the City and EBS with the flexibility to continue the long-term solid waste contracting relationship held for 80 years without the need to negotiate periodic amendments for extension (as has historically been the case). Such an Agenda Packet Page 181 of 360
Agenda Item No. 8.A.
approach has been used by other cities when working with family-owned solid waste companies, including those providing service to the cities of Concord, San Rafael and Mill Valley.

With automatic one-year extensions, the Agreement will be extended by one year at the end of each contract year, such that the years until expiration of the agreement remains constant (e.g., 10 years). Annual renewals will cease when the City gives notice of nonextension, EBS sells the company, or when fifteen (15) annual renewals have occurred (for a maximum term of 25 years). Unlike most annually renewing solid waste agreements which can be in perpetuity, the proposed EBS agreement includes this maximum term length as a safeguard for the City.

Alternative to Proposed Agreement
The City needs to arrange for programs and services to achieve compliance with SB 1383. The City also needs to arrange for continued garbage and organic waste collection services upon expiration of the current EBS agreement.

If the City Council does not authorize the City Manager to execute the proposed Agreement with EBS, then the City will: a) need to provide for the required SB 1383 programs and services via other means, resulting in new costs and increases to solid waste rates, and b) conduct a competitive procurement for garbage and organic waste collection services commencing January 1, 2026. Both efforts will require commitment of resources, including additional staff hours and consultant time, and may result in increased expenses to the City and consequent increases in solid waste rates.

It should be noted that the results of a competitive procurement process cannot be predicted or guaranteed. While there would likely be interest from other solid waste service providers, uncertainty in the solid waste marketplace due to changing regulations (like SB 1383), changing recycling markets, and other factors (such as waste disposal commitments via the City’s membership in RecycleMore) have resulted in proposals with higher rates in recent Bay Area competitive procurements.

Additionally, the Council should be aware that, if a competitive procurement process was conducted and a new agreement is awarded to another service provider, then there would be a period of transition from services provided by EBS to the new provider. Such transitions in solid waste service can be difficult at best, and result in service confusion and disruptions at worst. El Cerrito has no experience navigating such a transition, and thus entering into one would require committed resources in order to ensure a smooth transition.

Evaluation of Recycling Collection Operations and Outsourcing Feasibility On January 19, 2021, the City Council approved entering into an agreement with R3 to complete an evaluation of recycling collection operations and the feasibility of outsourcing the curbside recycling collection program. While that evaluation has made major progress, with preliminary results indicating that the City of El Cerrito operates a high-performing and efficient curbside collection operation, additional steps need to be Agenda Packet Page 182 of 360
Agenda Item No. 8.A.
taken to confirm a private operator could not conduct the services at a savings to the City. The adoption of the Ordinance (2021-05) implementing the requirements of SB 1383 in December 2021, and development of this Agreement to assure completion of required SB 1383 compliance activities, have been a primary focus of City staff over the past year. Staff anticipate the recycling and outsourcing evaluation will be able to be brought to a conclusion in Fiscal Year 2022-23. Regardless, the outcome of that evaluation does not necessitate delaying the execution of this Agreement for organics and solid waste collection services, including SB 1383 compliance activities. If the City determines that curbside recycling collection services should be outsourced and the City has an interest in having EBS provide these services, the proposed Agreement indicates that the City and EBS will meet and confer in good faith to discuss EBS’s ability to provide these services, adjustments to this Agreement, and adjustments to EBS’s compensation to implement such a change.

STRATEGIC PLAN CONSIDERATIONS
Authorizing the City Manager to execute the proposed Agreement with EBS will help fulfill the following City of El Cerrito Strategic Plan goals and objectives:
 Goal A: Deliver Exemplary Government Services by maintaining an emphasis on providing excellent customer service.
 Goal F: Foster Environmental Sustainability Citywide (Implement the City’s Climate Action Plan, including reducing the amount of waste generated in El Cerrito). Specifically, the proposed Agreement will support high waste diversion rates and allow for implementation of SB 1383, which aims to directly reduce the emissions of short-lived climate pollutants and subsequently help mitigate the effects of climate change. It will also help reduce emissions by introducing the use of renewable diesel for collection vehicles and committing to purchase and use electric or zero emission vehicles as soon as technologically and economically feasible.

ENVIRONMENTAL CONSIDERATIONS
All jurisdictions in California are required by law to provide organics recycling services for their residents and businesses through mandates established in AB 989, AB 341, and AB 1826. Recent legislation, SB 1383, mandates higher recycling and composting compliance rates starting 2022. Reliable and proper disposal, processing, and diversion of solid waste is necessary to protect the health and welfare of the community and environment.

Pursuant to Title 14, the California Code of Regulations, Section 15378(b)(5) of the California Environmental Quality Act (“CEQA”) guidelines, the proposed action is an administrative activity of the City that will not result in direct or indirect physical changes to the environment. Additionally, approval of the proposed Agreement does not require review under CEQA because it can be seen with certainty that there is no possibility that the activities described in the Agreement may have a significant effect on the environment.

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Agenda Item No. 8.A.

FINANCIAL CONSIDERATIONS
Authorization of the Solid Waste Collection Services Agreement with EBS will maintain funding of the City’s Franchise Fee. It will also preserve and enhance valuable solid waste collection services provided to the City, with no change in cost to the City.

LEGAL CONSIDERATIONS
The City Attorney has reviewed the proposed actions and found that legal considerations have been addressed.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution

2. EBS Performance Review August 2020

3. Extension Request July 2021

4. Proposed Franchise Agreement
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Agenda Item No. 8.A.

Attachment 1
RESOLUTION 2022-XX

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

THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE PROVISION OF SOLID WASTE COLLECTION SERVICES WITH EAST BAY SANITARY COMPANY, INC.

WHEREAS, the City of El Cerrito and East Bay Sanitary Company, Inc. (“the Company”) have entered into that certain Franchise Agreement dated September 2, 1997 (as amended, the “Franchise Agreement”); and
WHEREAS, the Franchise Agreement will expire on December 31, 2025, unless otherwise amended by the City and Company; and
WHEREAS, SB 1383 regulations necessitate that the City amends the Franchise Agreement to provide for immediate compliance with the regulations; and WHEREAS, in 2020, the City conducted a review of the Company’s performance, which found the Company to be compliant with the terms and conditions of the Franchise Agreement; and
WHEREAS, in 2021, the Company conducted a customer satisfaction survey that found 89% of customers to be satisfied or very satisfied with the Company’s services; and WHEREAS, the Integrated Waste Management Act of 1996 provides the ability for public agencies to decide whether to engage in a public procurement process or negotiate directly with a solid waste services provider; and
WHEREAS, the current Franchise Agreement states that the City and Company agree to meet in good faith to update the Franchise Agreement and modernize it; and WHEREAS, the City and Company negotiated in good faith the terms of a new Agreement for the Provision of Solid Waste Collection Services; and WHEREAS, the Company has agreed to provide new services for SB 1383 compliance, including universal provision of organics collection services, new garbage and recycling carts meeting color and labelling requirements, compliance reviews and contamination audits, outreach and education to customers, support for organics generation waivers, support for edible food recovery programs, and compliance recordkeeping and reporting; and WHEREAS, the Company has agreed to provide enhanced services including operating and customer service enhancements, expanded bulky item collection for residential customers both single and multi-family, expanded electronic waste and universal waste collection services, support for fire prevention clean-ups, conducting illegal dumping clean-ups, back-up support to the City’s recycling collection operations, immediately transitioning to use of renewable diesel for its collection vehicles, and procuring electric or zero emission collection vehicles as soon as they are technologically and economically feasible ; and WHEREAS, via the new Agreement, the Company is committing to continue working as a willing partner with the City to continually reduce the amount of waste sent to landfills and maximize reduction, reuse, recycling, and composting; and Agenda Packet Page 185 of 360
WHEREAS, the term of the agreement will be for a ten (10) year period with automatic one (1) year extensions, as is common with small privately held solid waste companies, with annual renewals to cease when the City gives notice of non-extension, EBS sells the company, or when fifteen (15) annual renewals have occurred; and WHEREAS, the ten (10) year term with automatic one (1) year extensions, avoids increases in EBS compensation stemming from the provision of additional services, achieves rate stability for the City’s ratepayers, and provides the City and EBS with the flexibility to continue the long-term solid waste contracting relationship held for 80 years without the need to negotiate periodic amendments for extension (as has historically been the case); and WHEREAS, rates for the provision of solid waste collection services will not increase as a result of approving the new Agreement, with increases in EBS compensation and solid waste rates to be adjusted annually based upon an agreed upon methodology that allows for increases based on a formula that reflects changes in operational costs (e.g., fuel and labor); and WHEREAS, pursuant to Title 14 of the California Code of Regulations, Section 15378(b)(5), under the California Environmental Quality Act (“CEQA”) guidelines, the proposed action is an administrative activity of the City that will not result in direct or indirect physical changes to the environment. Additionally, approval of the proposed Agreement does not require review under CEQA because it can be seen with certainty that there is no possibility that the activities described in the Agreement may have a significant effect on the environment.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito authorizes the City Manager to execute an Agreement for the Provision of Solid Waste Collection Services between City of El Cerrito and East Bay Sanitary Company, Inc. which provides for a ten-year term with a maximum of fifteen (15) annual one-year extensions for a maximum term of twenty-five (25) years.

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

I CERTIFY that at a regular meeting on May 17, 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:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on May 17, 2022.

Holly M. Charléty, City Clerk
APPROVED:
________________________
Gabe Quinto, Mayor
Agenda Packet Page 186 of 360
www.r3cgi.com
1512 Eureka Road, Suite 220, Roseville, CA 95661
Tel: 916-782-7821 | Fax: 916-782-7824
2600 Tenth Street, Suite 424, Berkeley, CA 94710
Tel: 510-647-9674
August 5, 2020
Ms. Yvetteh Ortiz
Public Works Director
City of El Cerrito
10890 San Pablo Ave.

El Cerrito, CA 94530
Subject: Performance Review of EBS Solid Waste Operation – Final Report Dear Ms. Ortiz,
R3 Consulting Group, Inc. (R3) is pleased to submit our final report of the performance review of East Bay Sanitary (EBS) under the Collections Service Agreement (Agreement) with the City of El Cerrito (City). 2020 Status Update of 2018 Performance Review
R3 conducted a performance review of EBS in 2018. The review covered a field and onsite review of EBS’s managerial, administrative, and operational effectiveness and efficiency. The review also covered a contractual compliance and financial audit of 2017 data.

The City recently requested a status update on the key findings and associated recommendations from that 2018 Performance Review. R3 contacted EBS on July 7, 2020 to discuss the status of each of the recommendations since the conclusion of the performance review. Their responses are provided below:

1. Create subcategories within AS/400 that allow for easy querying of information. By doing so, it will alleviate the need to manually track a log of information while simultaneously allowing for the quick filtering of information for any given date range. o EBS has since updated AS/400 to include subcategories for future querying of data upon City request. They have also since converted the system to a cloud server. EBS continues to explore alternative customer service platforms.

2. There is no field recommendation at this time, as the graffiti issue is being corrected by EBS. City should review field conditions by March 2019 to confirm that graffiti is being adequately managed.
o EBS does not have a paint booth, which limits the frequency of painting/repainting.

However, EBS continues to take a proactive approach in correcting identified issues related to graffiti, as well as a reactive approach, as needed.

3. Develop a specific policy and protocol for pre- and post-trip inspections and implement a refresher training program for all employees to ensure that they understand the policy and protocol, and that all drivers are conducting the same standardized practice.

While pre-trip inspections are required for all commercial vehicles, full 5-minute brake tests are not. However, they are considered industry standard to meet heightened safety awareness.

Drivers are inherently familiar with their vehicles and often assume that their refuse trucks are in working order, but verification of working order is paramount. The purpose of the brake test is to verify that the air brake, working brake, and emergency brake are all working effectively, which cannot be confirmed unless utilized.

Agenda Item No. 8.A.

Attachment 2
Agenda Packet Page 187 of 360
Ms. Yvetteh Ortiz
Performance Review of EBS of Solid Waste Operation – Final Report August 5, 2020

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El Cerrito City CouncilMay 17, 2022

El Cerrito City Council
May 17, 2022