El Cerrito City Council
July 19, 2022

In 2017, the Alameda County Transportation
Commission (ACTC), the Contra Costa
Transportation Authority (CCTA), and WCCTAC
began the San Pablo Avenue Multimodal
Corridor Study. The purpose of the Study is to
improve multimodal mobility, efficiency, and
safety to sustainably meet current and future
transportation needs and help support strong
growth along the corridor while still
maintaining local contexts. A key objective of
the first phase of the Study was to identify
potential improvements to make San Pablo
Avenue function better and be safer for
people who walk, bike, drive and take the bus.

San Pablo Avenue carries the highest bus
ridership in Alameda and Contra Costa
Counties, but buses are often slow and
unreliable due to traffic congestion.

What are the transit options under consideration?
The study’s analysis looks at several options for improving transit speed and reliability in the San Pablo Avenue corridor. These include: 1) maintaining today’s existing conditions; 2) a shared bus and general-purpose travel lane with location specific improvements, such as queue jumps and bus bulbs; and 3) a dedicated transit-only lane. The latter is known as Bus Rapid Transit (BRT).

The transit-only lane could operate either in the center of the roadway (center-running BRT) or along the outer edge of the street (side-running BRT); each with trade-offs. Construction of BRT includes a variety of additional improvements that help to increase bus travel speeds. These can include traffic signal priority for buses, consolidated bus stops, and level bus boarding to reduce the time a bus is stopped at each station. Local examples of BRT include AC Transit’s Tempo on International Boulevard and MUNI’s Van Ness Avenue BRT.

What happened in Phase 1 of the Study?
In 2017, the Alameda County Transportation Commission (ACTC), the Contra Costa Transportation Authority (CCTA), and WCCTAC began Phase 1 of this Study. It consisted of a multijurisdictional, multi-county analysis of the corridor from downtown Oakland to Hilltop Mall in Richmond. ACTC managed the day-to-day consultant work and oversaw analysis and community engagement.

The Study broadly reviewed potential improvements to make San Pablo Avenue function better Agenda Packet Page 186 of 475

and more safely for people who walk, bike, drive, and take the bus. Phase 1 evaluated a wide variety of possible configurations for San Pablo Avenue, exploring what transportation modes could be accommodated within the limited right-of-way and identified trade-offs between different concepts. An Executive Summary and Technical Memos for Phase 1 are posted on the ACTC website (San Pablo Avenue Corridor Project - Alameda CTC).

How was feedback gathered from the public during Phase 1? There were two rounds of public outreach in Phase 1.
• Round 1 (Fall 2017-Summer 2018) consisted of a map-based survey conducted in three languages and several focus groups for bus-riders, bicyclist, and seniors & people with disabilities. A map-based survey was conducted and 236 comments out of 515 total comments were related to West County (118 comments in El Cerrito; 112 comments in Richmond; six comments in San Pablo). From this survey four “hot spots” (areas where five or more comments were placed in the same area of the map-based survey) were noted in West County: Central Avenue, Hill Street, Cutting Boulevard, and Barrett Avenue.

Other feedback about San Pablo Avenue included support for crossing improvements, safer turning situations, and improved bike connections. From the online and intercept surveys most respondents recognized the importance of San Pablo Avenue as a transit corridor. Dedicated bike lanes or parallel bike routes are strongly desired along the entire corridor while bicyclists noted that biking adjacent to on-street parking was challenging.

Additionally, drivers appreciated that San Pablo Avenue is currently, a comparatively easy street to drive and park along. Most merchants indicated they conduct loading and unloading activity on San Pablo Avenue either curbside in parking (not designated, loading) spaces while some use a travel lane or bike lanes for this activity. • Round 2 outreach began in Spring 2019. An online and intercept survey collected input from 603 people in West County. Additionally, there were three pop-up events in West County, a community workshop in El Cerrito and more focus group sessionsfor bus-riders, bicyclists, and seniors & people with disabilities. The table that follows summarizes community input for Round 2.

Agenda Packet Page 187 of 475

In total, the public engagement process from Phase 1 of the Study revealed that participants placed the highest priorities on making walking safer and the bus more reliable. There was also widespread support for safer bike facilities on parallel routes. While residents were less likely to mention concerns about parking, merchants insisted it was important. Generally, merchants were concerned with parking and access, but some indicated that their customers were changing and were more reliant on walking and biking.

Specifically, from Phase 1 of the Study, we heard:
• Safety improvements are needed now; concerns over delaying them • Pedestrian conditions are poor, especially crossing San Pablo Avenue • All users and focus groups (except merchants, but including cyclists) felt that transit needed to be the most prioritized mode
• Concerns about business access (loss of parking/loading, additional congestion) • Reduction in number of lanes would reduce speeding and calm traffic • Mix of support and concern about parallel bicycle facilities(safer than San Pablo Avenue in terms of comfort. Concerns included adequacy of lighting/eyes on the street on parallel routes and the indirect routing
• Merchants raised concerns about construction disrupts community and impacts businesses
• Concerns around drivers diverting onto nearby streets • Initial concerns regarding emergency access but explained emergency vehicles can use bus lane
SUMMARY OF COMMUNITY INPUT FROM ROUND 2 OF THE SAN PABLO AVENUE MULTIMODAL CORRIDOR STUDY, PHASE 1
Agenda Packet Page 188 of 475

What is Phase 2 of the Study in Contra Costa County about? While WCCTAC and the
CCTA continue to
coordinate with ACTC, the
nature of the work is
different for Phase 2. At
the conclusion of Phase 1,
the WCCTAC Board
reviewed the analysis and
the public feedback. They
recognized that, although
there are similarities with
the Alameda County
portion of the corridor,
there are unique
conditions in Contra Costa
County that warranted
further analysis. These
included different and
variable right-of-way
widths, higher traffic
volumes, different street
patterns, the variety of
existing on-street and offstreet bicycle and parking facilities, and differing potential for traffic diversion off San Pablo Avenue.

For Phase 2 in Contra Costa County, the Study worked with the following constraints and assumptions:
• No taking of right-of-way
• Existing driveways should be maintained.
• Safety is a priority
• Existing bicycle facilities should be retained or enhanced. • Improvements should be able to be implemented using reasonable funding sources, within what jurisdictions would reasonably be expected to allow, and consistent with adopted design guidelines
Phase 2 - Agency Partners and Study
Agenda Packet Page 189 of 475

What does Phase 2 involve in Alameda County?
In Alameda County for Phase 2, ACTC is working to advance three concurrent project efforts:

1. Safety Enhancements throughout Corridor
• Pedestrian safety and accessibility; bicycle crossings • Bus bulbs to provide additional space at bus stops and to allow in-lane stopping for transit

2. Bus and Bike Lanes Demonstration Project in Oakland, Emeryville, and South Berkeley • Convert auto lane to bus lane
• Convert parking lane to protected bike lane
o Parking and loading moved to side streets in most locations • Protected intersections and other bicycle treatments
• Evaluation phase after implementation

3. Bike improvements on parallel network in Berkeley and Albany • Continuing long-term planning efforts in those cities ACTC is working on the design, funding and authorizations needed to advance these project elements recognizing that they could take several years to implement.

How is this study paid for?
Phase 1 and 2 of the Study’s work in Contra Costa County were funded by the CCTA and WCCTAC using Measure J transportation sales tax dollars. Funding for potential future phases has not been secured, whether that work involves additional studies, more outreach, refined demonstration projects, refined designs for improvements, or construction. The Study’s analysis suggests that potential projects could be competitive for federal, state, and regional funding.

Who is working on the Study?
For Phase 1, ACTC staff led the effort along with a team of consultants headed by Kimley-Horn Associates. For Phase 2, Adam Dankberg from Kimley-Horn Associates, continues to lead the consultant team. The Alameda County portion of the Study is managed by ACTC staff while the Contra Costa County portion is managed day-to-day by WCCTAC staff in coordination with CCTA.

Staff representatives from WCCTAC’s member agencies have been involved in both phases of the study. For Phase 2, local, technical input has come via the WCCTAC-TAC and small group meetings with jurisdictional/agency staff. Throughout both phases, the WCCTAC Board has provided input and guidance.

What is planned for the meeting presentation?
At the upcoming meeting, WCCTAC’s consultant from Kimley-Horn will present a series of slides (Attachment A) that explain in more detail what was studied and the results of the analysis. This will include the bicycle and parking facility analysis for center-running and side-running BRT. For reference, maps of this analysis are included as Attachment B. Following the presentation, there Agenda Packet Page 190 of 475

will be time for questions and to provide feedback. Due to time constraints, this will be a summary-level presentation of the technical analysis; however, both WCCTAC and consultant staff will be available to answer more detailed questions.

What does WCCTAC want from us?
Now that the additional technical analysis for Contra Costa County is complete, WCCTAC is seeking input from the city councils of El Cerrito, Richmond, and San Pablo as well as the AC Transit Board of Directors. Specifically, following the presentation, we would like your jurisdiction’s feedback on the following questions:
1) Is there support for the pedestrian safety improvements? a) If so, should we focus right now on pedestrian safety improvements only? 2) Should we continue to consider a corridor-wide bus lane solution? 3) If a bus lane is desired, is there a preference for side-running or center-running? 4) What is the priority between a parking lane and a bike lane? Does the priority vary geographically?
Thank you again for the opportunity to present this Study to you at your upcoming meeting. If you have questions after the presentation, please feel free to contact me at [email protected] or 510.210.5935.

Sincerely,
Leah Greenblat
Transportation Planning Manager, WCCTAC
Attachments:

A. July 19, 2022, Presentation to the El Cerrito City Council B. Schematic maps showing El Cerrito segments of center-running and side-running BRT with different options, prioritizing transit alongside with either parking or bicycle facilities.
w:\new file org\studies, projects, programs & plans\multi-modal\actc san pablo ave multi-modal corridor project\next steps-phase 2\meetings\council-board presentations\2022-06-10 memo to council-el cerrito.docx Agenda Packet Page 191 of 475
July 19, 2022 – El Cerrito City Council Meeting
Evaluation Summary
Agenda Item No. 6.A.

Agenda Packet Page 192 of 475
El Cerrito City Council Meeting
Agenda
2 1. Purpose and Process

2. Corridor Conditions and Project Need

3. Potential Solutions

4. Bicycle + Parking Options

5. Key Takeaways and Next Steps
Agenda Packet Page 193 of 475
El Cerrito City Council Meeting
3 Purpose &
Process
Agenda Packet Page 194 of 475
El Cerrito City Council Meeting
Improve multimodal mobility, efficiency,
and safety to sustainably meet current and
future transportation needs and help
support strong growth along the corridor
while still maintaining local contexts.
4 Corridor Study Purpose
Promote equitable transportation
and design solutions
Effectively and efficiently accommodate
anticipated growth
Improve comfort and quality
of trips for all users
Enhance safety for
all travel modes
Support economic development
and adopted land use policies
Goals
Agenda Packet Page 195 of 475
El Cerrito City Council Meeting
• Effort led by Alameda CTC with financial support
and involvement by WCCTAC and CCTA
• Study area extended between downtown
Oakland and Hilltop Mall
• Project Efforts:
• Assessed existing conditions
• Identified corridor needs
• Developed concepts for a typical roadway cross- section width • Evaluated alternative feasibility
• Conducted public engagement activities, including
surveys, focus groups, and open houses
San Pablo Avenue Corridor Project
Phase 1 Summary
5 San Pablo Avenue Corridor Study Area
Agenda Packet Page 196 of 475
El Cerrito City Council Meeting
Phase 2 Project Process
6 Phase 2 - Agency Partners and Study Limits
Study Need:

Complete a Contra Costa
County-focused technical
analysis to address questions
raised by public and WCCTAC
board during Phase 1
Desired Study Outcome:

Identify viable alternatives
that can be advanced in
future project phases and
that can be referenced in
ongoing and future projects
on the corridor
Assess feasibility and
implications on connectivity
Process:

Identify concept alternatives
for specific locations
Quantitatively evaluate transit
and auto performance
Consider outreach feedback
received in Phase 1
Summarize evaluation
findings
Agenda Packet Page 197 of 475
El Cerrito City Council Meeting
7 Corridor
Conditions and
Project Need
Agenda Packet Page 198 of 475
El Cerrito City Council Meeting
Conditions on the corridor today
8 Overlapping Local and Rapid Bus service provides bus
service every 7 minutes south of Macdonald. Rapid
service extends to Contra Costa College.

Bike lanes only in some segments in the City of San Pablo, far northern segment in Richmond near Hilltop Mall, and very short new segment constructed in El Cerrito (approx. 20% of corridor) Long gaps between pedestrian crossings and many
uncontrolled crossings (e.g., multiple 0.4 mile gaps in protected crossings in El Cerrito)
Sidewalks are continuous, but narrow and not well
buffered from traffic in some locations
Used as an alternative to I-80 for longer-distance trips; 1/3 of trips on San Pablo Ave are just passing through
Existing curb-to-curb widths
Agenda Packet Page 199 of 475
El Cerrito City Council Meeting
9 Mode split on the corridor today
Note: Transit trips include trips on 72 series routes only and do not include BART or other bus routes Represents pre-Covid conditions
Source: Kimley-Horn and Associates, Inc.

Auto Person
Trips

88.1%
Ped Trips

1.0%
Bike Trips

0.4%
Transit Trips

10.5%
Moeser Lane to Manila Avenue
Auto Trips

87.6%
Ped Trips

1.3%
Bike Trips

0.3%
Transit Trips

10.7%
Central Avenue to Lincoln Avenue
Agenda Packet Page 200 of 475
El Cerrito City Council Meeting
Parking on the corridor today
• On-street parking on both sides of San
Pablo Avenue on most blocks
• Many commercial properties have off- street parking
• Pre-pandemic weekday parking
occupancy was low (<60% on most
blocks), but area around El Cerrito Plaza
BART Station had highest utilization
• Recent/planned developments reducing
amount of surface parking in some
corridor segments and with lower
parking requirements
• Assume greater use of alternative modes
Existing Parking Locations – El Cerrito
10 Agenda Packet Page 201 of 475
El Cerrito City Council Meeting
11 • San Pablo Avenue Specific Plan
• Recommended pedestrian, transit, and bicycle
improvements on San Pablo Avenue
• El Cerrito Plaza TOD/BART Study
• Modifies bus access to station, removes station
parking, and increases reliance on modal access
other than park-and-ride access
• Del Norte Complete Streets Project
• Adds protected bike lanes on San Pablo Avenue and
modifies roadway and intersection geometrics
• As of November 2021, 26 projects totaling
approximately 1,900 residential units were
recently constructed, approved, or pending1
Planned Development and
Roadway Improvements
Midtown Bird’s-eye View - San Pablo Avenue Specific Plan, 2014 El Cerrito BART Station TOD Project Introduction and Community Meeting, May 25, 2021 1Source: City of El Cerrito: San Pablo Avenue Corridor, Major Projects (11/18/21) Agenda Packet Page 202 of 475
El Cerrito City Council Meeting
Transit on the corridor today
• Well-utilized today
• 12,500 daily bus riders (approx. half in Contra
Costa County)
• More riders on 72-series routes than any other
AC Transit route (14% of the entire system
ridership)
• Bus speeds are about 30% slower than
auto speeds and speeds for both have
consistently been degrading
• Improving transit in this corridor is an
equitable solution
• 77% of 72-series passengers are non-white
• 61% of 72-series passengers make less than
$50,000 per year
Sources: San Pablo Avenue Speed and Delay Study; AC Transit 2017-2018 on-board passenger survey; AC Transit Short Range Transit Plan, 2019-2029 12 PM Peak Period Northbound Bus Travel Time
Rapid buses spend 57% of
travel time stuck in congestion
Agenda Packet Page 203 of 475
El Cerrito City Council Meeting
What will happen to mobility if no
changes to San Pablo Avenue are
made?
Source: Equity Priority Communities for Plan Bay Area 2050 13 • 69% increase in PM traffic delay by 2035
• 12 minutes of additional Route 72R travel time
• Continued auto-instigated safety issues
• 68 injuries or fatalities in recent 5-year period1
• 30 involving pedestrians or cyclists, including 1 fatality1 • Walking and biking will remain difficult
• Discontinuous bicycle facilities
• Challenges crossing San Pablo Avenue and side-streets • Equity Priority Communities will be most impacted
• 93% of study area within ¼ mile of an equity priority community
• More difficult/time-consuming to access jobs and
recreation Legend
Equity Priority Communities
Source: Kimley-Horn and Associates, Inc. 1 Data for San Pablo Avenue within the City of El Cerrito Agenda Packet Page 204 of 475
El Cerrito City Council Meeting
14 Potential
Solutions
Agenda Packet Page 205 of 475
El Cerrito City Council Meeting
What are the options to improve pedestrian safety?
15 • Widen sidewalks
• Provide landscape buffers
• Provide bulbouts to shorten
crosswalks
• Install high-visibility crosswalks
• Upgrade curb ramps to meet ADA
standards
• Install pedestrian lighting, particularly
at crossings and bus stops
• Improve sidewalk conditions
• Add new crossings
• Improve safety of crossings with
signalization (pedestrian hybrid
beacons) and rapid rectangular
flashing beacons
Widen sidewalks and provide
landscape buffers
Image Source: NACTO Image Source: Google
Shortened crosswalks
Image Source: Google
Pedestrian Lighting Signalization
Image Source: Google
Agenda Packet Page 206 of 475
El Cerrito City Council Meeting
Image Source: AC Transit
What are the options to improve transit?
16 In-Lane Stops
Stop Consolidation
AFTER
BEFORE
Stop Relocation
Queue Jumps Transit Signal Priority
Level Boarding
Agenda Packet Page 207 of 475
El Cerrito City Council Meeting
How could a BRT be configured in this corridor?
17 Image Source: SFMTA
Center-Running Bus Lanes Side-Running Bus Lanes
Image Source: Kimley-Horn
Agenda Packet Page 208 of 475
El Cerrito City Council Meeting
What are the benefits of BRT?
What are the challenges of BRT?
Significant cost to
rebuild street
Street reconstruction temporarily
affects access to businesses
Increased ridership (30%+) and mode shift from auto to
transit, reducing greenhouse gas emissions and enhancing mobility, particularly for equity priority communities
18 Improved travel time (30% to 45%) and reliability
(>60%) for buses can allow for more frequent service for same cost
Removal of one through lane reduces capacity
for auto vehicles and may increase diversion
Stops are placed further apart in order to improve
travel speed and reliability for users, which may
result in a longer walk to transit
Improved passenger
waiting areas
Energizes level of
economic activity
Agenda Packet Page 209 of 475
El Cerrito City Council Meeting
19 Benefits Specific to Center-Running BRT Benefits Specific to Side-Running BRT Less costly to construct bus lane due to reduced
median and signal impacts
Allows for more flexibility in use of bus lane by
non-BRT routes
Easier to implement in phases with a shorter
construction duration due to less infrastructure required Challenges Specific to Center-Running BRT
May be difficult to be used by non-BRT
bus routes operating on corridor
Eliminates existing medians,
including street trees
Challenges Specific to Side-Running BRT
Maximizes transit speed and reliability benefits
(approximately 10% faster than side-running)
Removes conflicts between the bus lane and
turning vehicle, parked cars, and bicyclist
Emphasizes permanence of
transit solution
Community access is affected by elimination of auto leftturns at unsignalized intersections and at stations Does not allow for a time-managed
auto/parking lane in El Cerrito
Stations may be more constrained due to sharing
space with pedestrians or an adjacent bicycle
facility (if provided)
P Increased likelihood of illegal double-parking in the bus lane, affecting bus travel time
Agenda Packet Page 210 of 475
El Cerrito City Council Meeting
What are the implications of converting a traffic lane to transit? • Additional traffic congestion on San Pablo Avenue Some drivers will change their mode, route, or time of day with center-running and side-running BRT • Center-running BRT: localized diversion due to left-turn restrictions • If all diverted auto traffic went to I-80, would increase peak hour volumes on I-80 by about 4% • Local traffic may divert to local streets; however, local diversion routes will experience diversion even with no changes to San Pablo Avenue and may not support significant additional diversion • Opportunity for traffic calming on diversion streets
Source: Kimley-Horn and Associates, Inc. 20
Metric Center-Running Side-Running
Auto Diversion 30%-35% 25%-30%
Agenda Packet Page 211 of 475
El Cerrito City Council Meeting
21 Potential Diversion Routes
Arlington Ave
Agenda Packet Page 212 of 475
El Cerrito City Council Meeting
How does a bus lane affect bus and auto travel time?
• By only implementing transit signal priority projects, bus remains slower than auto in peak direction and peak period
• With dedicated bus lanes, bus becomes faster than auto in peak direction and peak period, even accounting for stops
22 Source: Kimley-Horn and Associates, Inc.

Metric Center-Running Side-Running
Change in bus travel times (peak direction) 30%-45% 25%-40% Change in auto travel times
0%-45% 0%-35%
Bus speed relative to auto Bus is 25%-55% faster than auto Bus is 15%-40% faster than auto Agenda Packet Page 213 of 475
El Cerrito City Council Meeting
Transit ridership and reliability findings
• Bus travel time variability improves by over 50%-80% with both center and siderunning options Buses arrive more consistently and waits are shorter • 30%-35% increase in ridership typical with high-quality BRT • Travel demand model in project Phase 1 projected a 35%-45% ridership increase with BRT 23 0
20 40
60 80
100
120
140
160
180
Segment 1: McBryde to
Church, Northbound
Segment 1: Church to
McBryde, Southbound
Segment 2: Cutting to I-80
Ramps, Northbound
Segment 2: I-80 Ramps to
Cutting, Southbound
Travel Time Standard Deviation (seconds)
Existing
2035 No Build
2035 Build: Side-Running BRT
2035 Build: Center-Running BRT
Source: Kimley-Horn and Associates, Inc.

Agenda Packet Page 214 of 475
El Cerrito City Council Meeting
24 Bicycle +
Parking
Options
Agenda Packet Page 215 of 475
El Cerrito City Council Meeting
What are the options to improve biking conditions?
25 • New protected bicycle lanes
(cycle tracks)
• Improved bicycle crossing markings
• New signalized bicycle crossings
(pedestrian hybrid beacons or
signals)
• Protected intersection treatments
• Transit islands to avoid bus-bike
conflicts at bus stops
Image Source: CATSIP
New & protected bike facilities
and crossings
New signalized bicycle crossings
Image Source: Google
Protected intersection
treatments
Image Source: Google
Agenda Packet Page 216 of 475
El Cerrito City Council Meeting
Can a low-stress bicycle facility be
provided on San Pablo Avenue?
• Significant number of driveways and
intersections will require crossing bicycle
facility
• Right-turn lanes will be needed at major
intersections
• Will require bicycle facility to be shared with
autos, buses, or narrow pedestrian facility
• Projected to remain at Level of Stress 4 for
cyclists (high level of stress)
• Lower stress options may be available on
parallel streets south of Rheem Avenue
Images Source: Google 26
Agenda Packet Page 217 of 475
El Cerrito City Council Meeting
27 • In many areas, both on-street parking can be preserved and a Class IV cycle track can be installed (south of Knott Ave, where corridor is widest) • Alternatively, a “dynamic” parking/peak-period 2nd travel lane along with a Class IV cycle track could be further evaluated
Center-Running
Side-Running
• Options range from:
• Parking Prioritized: Preserve most parking on both sides of the street where it exists today with bike connectivity via a parallel route and/or shared with the bus lane • Bicycle Prioritized: Provide a Class IV bike facility throughout, with most parking removed. Bicycle facility improved, but remains higher-stress
Parking and Bike Options
See maps depicting range of options for parking and bicycle provision on San Pablo Avenue in Council Memo Agenda Packet Page 218 of 475
El Cerrito City Council Meeting
2828
Key Takeaways
and Next
Steps
Agenda Packet Page 219 of 475
El Cerrito City Council Meeting
29 • In general, dedicated bus lanes can be incorporated along with planned bicycle, pedestrian, and TOD improvements
• Further coordination will be required to optimize BRT and bike access to BART, configuration at BRT stations, and geometrics at high-volume turn locations
Relationship to El Cerrito Planned Improvements Cutting Blvd Hill St San Pablo Ave
El Cerrito del Norte Complete Streets GAD Drawing (2021) Agenda Packet Page 220 of 475
El Cerrito City Council Meeting
Comparison of Transit Solutions
Metric No-Build
Center-Running Side-Running
Maximize Bicycle Maximize Parking Maximize Bicycle Maximize Parking Transit Performance     
Auto Performance     
Pedestrian Safety     
Bicycle Connectivity & Comfort     
Parking and Loading     
Community and Business Access     
Ease of Implementation     
Cost per Mile  $$$$ $$-$$$ $$-$$$ $-$$
 Better than existing
 No change
 Worse than existing
30 Agenda Packet Page 221 of 475
El Cerrito City Council Meeting
Key Takeaways
31 There is community support for improvements in the
corridor, but no consensus thus far on the type of
improvements
Center-running bus lanes provide 30%-45% transit travel time savings and would be approximately 10% faster
than side-running
Center-runningbus lanes provide greatest opportunity
for both parking and bike lanes throughout the corridor.

Side-running allows for either/or in most segments
P
Without improvements, congestion will significantly
increase (69% increase in delays), impacting mobility
options
Side-running bus lanes avoid some of the
implementation challenges of center-running and can
be easily used by all bus routes in the corridor
A low-stress bike facility cannot be provided
but parallel route options are limited in the northern
portion
On-street parking is currently plentiful and redundant, but new, more dense development will change the role
of on-street parking
P
Agenda Packet Page 222 of 475
El Cerrito City Council Meeting
What are some options on what to do next?
32 1. Do not advance corridor-wide improvements

2. Implement safety enhancements, such as pedestrian
crossing improvements and ADA upgrades

3. Advance a near-term project, similar to Alameda County • Safety enhancements
• Side-running bus lanes

4. Advance a Long-Term Project
• Safety enhancements
• Center- or side-running bus lanes
• Bicycle and/or parking improvements
Next Steps
 Engagement
 Concept Design
 Funding Plan
Less
More
Additional variant: Identify a phasing strategy and focus initial efforts on a first phase segment Agenda Packet Page 223 of 475
El Cerrito City Council Meeting
Questions for Decision-Makers

1. Should we focus right now on pedestrian safety
improvements only?

2. Should we continue to consider a corridor-wide bus lane solution?

3. If a bus lane is desired, is there a preference for siderunning or center-running?

4. What is the priority between a parking lane and a bike lane? Does the priority vary geographically?
33 Agenda Packet Page 224 of 475
El Cerrito City Council Meeting
3434
Thank You
Agenda Packet Page 225 of 475
Albany
Richmond
San Pablo
Albany
El Cerrito
Richmond
Unincorporated
80 SAN PABLO AVE

SAN PABLO AVE

ROBERT MILLER DR

RIVERS ST

EL PORTAL DR
RD 20

CHURCH LN SAN PABLO DAM RD

SOLANO AVE

BARRETT AVE

POTRERO AVE

MOESER LN

EUREKA AVE

HILL ST

FAIRMOUNT AVE

MCBRYDE AVE

BROADWAY AVE

RUMRILL BLVD
23RD ST

VALE RD

RHEEM AVE

MACDONALD AVE

CUTTING BLVD

CENTRAL AVE
BART

HILLTOP DR

LOVEGROVE ST

KNOTT AVE

WALL AVE

ROOSEVELT AVE CLINTON AVE

EVANS AVE

LA PUERTA RD
BART

SCHMIDT LN

EL CERRITO DEL NORTE

EL CERRITO PLAZA
Diagrammatic Map
San Pablo Avenue Multimodal Corridor Study
Center-Running BRT with Bike Lane Prioritized


















 




 

Agenda Packet Page 226 of 475
Richmond
San Pablo
Albany
Albany
El Cerrito
Richmond
Unincorporated
80 SAN PABLO AVE

SAN PABLO AVE

ROBERT MILLER DR

RIVERS ST

EL PORTAL DR
RD 20

CHURCH LN

SAN PABLO DAM RD

SOLANO AVE

BARRETT AVE

POTRERO AVE

MOESER LN

EUREKA AVE

HILL ST

FAIRMOUNT AVE

MCBRYDE AVE

BROADWAY AVE

RUMRILL BLVD
23RD ST

VALE RD

RHEEM AVE

MACDONALD AVE

CUTTING BLVD

CENTRAL AVE
BART

HILLTOP DR

LOVEGROVE ST

KNOTT AVE

WALL AVE

ROOSEVELT AVE CLINTON AVE

EVANS AVE

LA PUERTA RD

EL CERRITO DEL NORTE
BART

EL CERRITO PLAZA

SCHMIDT LN
Diagrammatic Map
San Pablo Avenue Multimodal Corridor Study
Center-Running BRT with Parking Prioritized



















 







Agenda Packet Page 227 of 475
Albany
Richmond
San Pablo
Albany
El Cerrito
Richmond
Unincorporated
80 SAN PABLO AVE

SAN PABLO AVE

ROBERT MILLER DR

RIVERS ST

EL PORTAL DR
RD 20

CHURCH LN SAN PABLO DAM RD

SOLANO AVE

BARRETT AVE

POTRERO AVE

MOESER LN

SCHMIDT LN

EUREKA AVE

HILL ST

FAIRMOUNT AVE

MCBRYDE AVE

BROADWAY AVE

RUMRILL BLVD
23RD ST

VALE RD

RHEEM AVE

MACDONALD AVE

CUTTING BLVD

CENTRAL AVE
BART

HILLTOP DR

LOVEGROVE ST

KNOTT AVE

WALL AVE

ROOSEVELT AVE CLINTON AVE

EVANS AVE

LA PUERTA RD
BART

EL CERRITO DEL NORTE

EL CERRITO PLAZA
Diagrammatic Map
San Pablo Avenue Multimodal Corridor Study
Side-Running BRT with Bike Lane Prioritized













 






 

Agenda Packet Page 228 of 475
Albany
Richmond
San Pablo
Albany
El Cerrito
Richmond
Unincorporated
80 SAN PABLO AVE

SAN PABLO AVE

ROBERT MILLER DR

RIVERS ST

EL PORTAL DR
RD 20

CHURCH LN SAN PABLO DAM RD

SOLANO AVE

BARRETT AVE

POTRERO AVE

MOESER LN

EUREKA AVE

HILL ST

FAIRMOUNT AVE

MCBRYDE AVE

BROADWAY AVE

RUMRILL BLVD
23RD ST

VALE RD

RHEEM AVE

MACDONALD AVE

CUTTING BLVD

CENTRAL AVE
BART

HILLTOP DR

LOVEGROVE ST

KNOTT AVE

WALL AVE

ROOSEVELT AVE CLINTON AVE

EVANS AVE

LA PUERTA RD
BART

SCHMIDT LN

EL CERRITO DEL NORTE

EL CERRITO PLAZA
Diagrammatic Map
San Pablo Avenue Multimodal Corridor Study
Side-Running BRT with Parking Prioritized















 













 




Agenda Packet Page 229 of 475

AGENDA BILL
Agenda Item No. 7.A.

Date: July 19, 2022
To: El Cerrito City Council
From: David Yun, Fire Prevention Officer; Chase Beckman, Fire Marshal, Fire Department
Subject: Fire Hazard Abatement

ACTION PROPOSED
1) Adopt a resolution declaring weeds, rubbish, litter, or other flammable material on certain real property identified in the resolution constitutes a public nuisance; and 2) Conduct a public hearing and upon conclusion, adopt a resolution overriding objections by property owners and ordering the City Manager or their designee to abate certain public nuisances pursuant to El Cerrito Municipal Code Chapter 16.26.

BACKGROUND
Following the Oakland/Berkeley Hills Fire in October 1991, El Cerrito needed a comprehensive citywide program to reduce hill area fire hazards in the City. The "fire storm" in the Oakland/Berkeley Hills was in fact an urban conflagration, fueled by vegetation among homes and large acreage properties that was driven by seasonally strong dry winds from the east. The fire destroyed over 3,000 dwellings. At the time of the Oakland/Berkeley Hills Fire, El Cerrito faced similar fire hazard conditions in its hill area. The City Council was determined to reduce those fire hazards by all reasonable means.

El Cerrito's comprehensive fire hazard reduction program focused upon reducing fire hazards in four areas: (1) on City property, (2) on property owned by other agencies (3) large landowners and (4) on residential property. The City began a comprehensive planning process to reduce fire hazards on City property, other agencies’ properties and large landholders. These property owners were approached about reducing fire hazards on their properties. Prior efforts at fire hazard reduction on private residential property relied on voluntary compliance by the owners. The City Council concluded that stronger measures were necessary to enforce the laws regarding abatement of fire hazards on residential private property.

The Fire Hazard Abatement Program is designed to reduce fire hazards on a large number of private properties during the spring and early summer months. A process of advance notice and hearings for property owners is coupled with a public education program involving the promulgation of standards for vegetation management in residents’ yards and vacant lots.

This program seeks to remove weeds, rubbish, litter or other flammable material from private properties where such flammable material endangers the public safety by creating a public nuisance and a fire hazard. Most property owners voluntarily abate Agenda Packet Page 230 of 475
Agenda Item No. 7.A.
these hazards without Fire Department involvement. However, we anticipate that a small number of owners are content to have the City do the work and place the costs on their tax bill. For over 20 years, the City’s annual Fire Hazard Abatement Program has been very successful in reducing fire hazards throughout the hill neighborhoods of El Cerrito. Indeed, this program has become a model program which other fire jurisdictions have borrowed from.

ANALYSIS
Beginning in April of this year, the Fire Department conducted city-wide fire hazard inspections of all properties. The inspections began on April 25, 2022 and have continued due to regrowth and citizen complaints. As a result of the on-going inspections, a list of properties containing public nuisances was generated, which continues to be amended as additional properties are identified. Between May 13 and June 21, the identified properties determined to be in violation of El Cerrito Municipal Code Chapter 16.26 were notified in writing of the hazards on their property and to abate those hazardous conditions. The El Cerrito Vegetation Management Standards Checklist was included with the notification (Attachments 4, 5, & 6). Additionally, these property owners were informed in the letter from the Fire Marshal (Attachment 4) of the time, date and location of the upcoming City Council meeting where their properties would be declared a public nuisance and abatement would be ordered. Property owners were directed to complete the necessary measures to bring their property into compliance prior to the second round of the re-inspection process which began on July 11, 2022 and continued through the date of this meeting. Only those properties that were not voluntarily abated with the first notice are contained within the Master Abatement List, Exhibit A to the proposed Resolution (List of Properties.) This public hearing is the next step in the process to eliminate hazards on the private properties that were identified as a public nuisance and have not voluntarily abated said violations. In order to achieve full compliance, the City Council is asked to declare the properties to be a public nuisance and direct the City Manager or their designee to abate such public nuisance conditions. Actual City-ordered abatement of fire hazards occurs only after all efforts at providing notice, information, and a public hearing have failed to induce voluntary compliance by the property owner.

The Fire Hazard Abatement process, under the direction of the Fire Department, should proceed according to El Cerrito Municipal Code Chapter 16.26, which specifies the following:

1. The Fire Department determines that hazards must be abated. Pursuant to these code sections, "hazards" are defined as weeds, rubbish, litter, or other flammable materials which create a fire hazard or are otherwise noxious or dangerous and which exist on specific parcels of property within the City.

2. The Fire Department shall post notice on each property or send notice /by mail that the El Cerrito Fire Department has determined the existence of a public nuisance which must be abated and that a hearing will be held to consider any objections prior to the Agenda Packet Page 231 of 475
Agenda Item No. 7.A.

City Council declaring the properties to be a public nuisance and ordering the City Manager or their designee to perform abatement.

3. At the July 19, 2022 City Council meeting, the City Council shall first adopt a resolution Declaring that Weeds, Rubbish, Litter, or Other Flammable Material on Certain Real Property Constitutes a Public Nuisance (Attachment 1 and 2).

4. At the same hearing, but after adoption of the first resolution, the City Council shall hear and consider all objections to declaration of public nuisances or the procedures proposed for abatement of the same. After the hearing, the Council shall adopt a resolution Overriding Objections by Property Owners and Ordering the City Manager or their Designee to Abate Certain Public Nuisances Pursuant to Chapter 16.26 (Attachment 3).

5. At the conclusion of the July 19, 2022 hearing, a second and final notice shall be sent to each property owner prior to abatement (Attachment 7). This notice will order the immediate abatement of nuisance conditions. This notice will clearly state that if nuisance conditions are ignored, the City shall cause abatement and costs for removal will be assessed against the property as a lien and special assessment. It will also indicate that if the conditions are voluntarily abated, the property shall be removed from the process.

6. If the nuisance is not abated between July 20, 2022 and August 19, 2022, prior to the arrival of the hazard abatement crew, the City of El Cerrito shall cause the weeds, rubbish, refuse, and other flammable material to be removed and shall keep an account of the cost of abatement for each parcel of land where such work is performed according to the City Council adopted Fire Department Master Fee Schedule.

7. At the October 4, 2022 City Council meeting the City Manager or their designee shall submit to the City Council for confirmation an itemized written report showing the cost of abatement work performed. A copy of this report shall be posted for at least ten (10) days prior to its submission to the City Council. Each property owner upon whose property abatement work was performed shall be sent written notice by mail of a hearing by the City Council to consider the cost of abatement work performed on their property.

8. At the City Council Meeting on October 4, 2022, the City Council shall receive and consider the written staff report on abatement actions taken by the City and shall hear any objections from the property owners liable to be assessed for the abatement. The City Council may modify the staff report if deemed appropriate and then confirm the report by motion or resolution.

9. After City Council confirmation of the report, a certified copy of the report shall be filed with the county auditor who shall add the amount of the assessment to the next regular tax bill levied against the parcel.

Agenda Packet Page 232 of 475
Agenda Item No. 7.A.

STRATEGIC PLAN CONSIDERATIONS
This section is not applicable to this agenda item.

ENVIRONMENTAL CONSIDERATIONS
The Fire Hazard Abatement Program is exempt from California Environmental Quality Act (CEQA) pursuant to Sections 15304 and 15308 of the CEQA Guidelines. Therefore, no further CEQA review is required.

FINANCIAL CONSIDERATIONS
The abatement program will be administered by Fire Department staff with minimum costs expended for printing and mailing. Abatement work will be completed by City maintenance staff or private contract labor as appropriate. Program costs will be recovered through the special assessment and lien process.

LEGAL CONSIDERATIONS
The City Attorney has reviewed and approved the process.

Reviewed by:

Alexandra Orologas, Assistant City Manager
Attachments:

1. Resolution (Declaring Public Nuisance)

2. Exhibit A to Resolution (List of Properties)

3. Resolution (Overriding Objections)

4. 1st Letter Fire Marshal (El Cerrito)

5. Abatement Inspection Form

6. Vegetation Management Standards Checklist

7. 2nd Letter Fire Marshal 072022
Agenda Packet Page 233 of 475
Agenda Item No. 7.A.

Attachment 1
RESOLUTION NO. 2022 - XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO DECLARING THAT

WEEDS, RUBBISH, LITTER OR OTHER FLAMMABLE MATERIAL ON CERTAIN REAL

PROPERTY CONSTITUTES A PUBLIC NUISANCE
WHEREAS, El Cerrito Municipal Code Chapter 16.26 provides a method by which a local legislative body may abate on private property public nuisance conditions relating to weeds, rubbish, litter or other flammable material that creates a fire hazard, a menace to the public health or which is otherwise noxious or dangerous; and WHEREAS, the City of El Cerrito Fire Marshal has identified certain real property, by street name, lot and block number, on which the presence of weeds, rubbish, litter or other flammable material creates a fire hazard, a menace to the public health or which is otherwise noxious or dangerous as defined in Chapter 16.26 of the El Cerrito Municipal Code and therefore constitutes a public nuisance; and
WHEREAS, pursuant to El Cerrito Municipal Code Section 16.26.160 and Government Code Section 39560-39588, the City Council shall adopt this resolution declaring that certain real property within the City constitutes a public nuisance.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that the following properties identified on Exhibit A, attached hereto, are declared to be public nuisances pursuant to El Cerrito Municipal Code Section 16.26.160.

BE IT FURTHER RESOLVED that on this same date of July 19, 2022 at 7:00 in the City of El Cerrito, the City Council shall hold a hearing at which owners of the real property identified in Exhibit A hereto may object to the designation of their properties as public nuisances and object to the abatement actions proposed by the City.

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

I CERTIFY that at a regular meeting on July 19, 2022 the El Cerrito City Council passed this resolution by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on July , 2022.
_________________________
Holly M. Charléty, City Clerk
APPROVED:
_________________________
Gabe Quinto, Mayor
Agenda Packet Page 234 of 475
Agenda Item No. 7.A.

Attachment 2

EXHIBIT A
As of 7/7/22
City of El Cerrito Fire Department
List of Real Property Constituting Public Nuisances
APN Street Address
503-302-042 7472 Moeser Ln.
504-191-012 248 Behrens St.
503-302-051 918 Galvin Dr.
505-103-023 7755 Earl Ct.
505-203-022 1220 King Dr.
505-261-003 886 Shevlin Dr.
504-411-009 605 Seaview Dr.
505-221-040 956 Seaview Dr.
573-102-008 8898 Terrace Dr.
505-390-003 1465 Vista Rd.

Agenda Packet Page 235 of 475
AGENDA ITEM NO. 7.A.

ATTACHMENT 3
RESOLUTION NO. 2022 - XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO OVERRIDING

OBJECTIONS BY PROPERTY OWNERS AND ORDERING THE CITY MANAGER OR

HIS DESIGNEE TO ABATE CERTAIN PUBLIC NUISANCES PURSUANT TO CHAPTER 16.26
WHEREAS, El Cerrito Municipal Code Chapter 16.26 provides a method by which a local legislative body may abate on private property public nuisance conditions relating to weeds, rubbish, litter or other flammable material that creates a fire hazard, a menace to the public health or which is otherwise noxious or dangerous; and WHEREAS, the City of El Cerrito Fire Marshal has identified certain real property, by street name, lot and block number, on which the presence of weeds, rubbish, litter or other flammable material creates a fire hazard, a menace to the public health or which is otherwise noxious or dangerous as defined in Chapter 16.26 of the El Cerrito Municipal Code and therefore constitutes a public nuisance; and WHEREAS, on July 19, 2022, pursuant to El Cerrito Municipal Code Section

16.26.160 and Government Code Sections 39560-39588, the City Council adopted Resolution 2022-XX declaring that certain real property within the City constitutes a public nuisance; and
WHEREAS, El Cerrito Municipal Code Chapter 16.26 provides that notice shall be sent to owners of the real property declared a nuisance pursuant to Resolution 2022- XX providing those owners with the following: description of the nuisance; explanation of how the nuisance must be abated; explanation that if the nuisance is not abated; the City shall abate the public nuisance and the cost of abatement shall be assessed against the property as a special assessment; and informing the owners that the City Council shall hold a hearing at a certain date, time, and place at which the owners may present objections to the designation of their properties as public nuisances or to the proposed abatement of the nuisance; and
WHEREAS, between June 13th and June 22nd 2022, the City Fire Department sent written notice to those property owners describing the weeds, rubbish, refuse, or other flammable material that presented a fire hazard and public nuisance; explaining that the Fire Department had determined a public nuisance that must be removed; informing the owners that if they did not abate by July 11, 2022, the City Council would hold a hearing on July 19, 2022 at which the owners could present objections to the declaration of the nuisance or the proposed abatement measures and further explained the City could abate the nuisance and collect the costs as an assessment on the property; and
WHEREAS, on July 19, 2022, the City Council adopted Resolution 2022-XX confirming the nuisance declarations of the City Fire Department and declaring a public nuisance on certain real property pursuant to Chapter 16.26; and WHEREAS, El Cerrito Municipal Code Section 16.26.160 and Government Code Sections 39560-39588 provide that after adoption of a resolution declaring a public nuisance and notice to affected property owners of the Council's hearing of objections, Agenda Packet Page 236 of 475
the Council may overrule any objections and order the City Manager or his designee to abate the public nuisances.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that it overrides any objections by owners of that certain real property on which public nuisances were declared in Exhibit A to Resolution 2022 - __ (adopted on the same date herewith).

BE IT FURTHER RESOLVED that the City Manager and his or her designee is hereby ordered to abate the public nuisances by having the weeds, rubbish, refuse, dirt, or other fire hazard or noxious or dangerous materials removed.

BE IT FURTHER RESOLVED that pursuant to El Cerrito Municipal Code Section 16.26.160 and Government Code Section 39574, the City Manager or his designee shall keep an account of the cost of abatement for each parcel of land on which work is performed. The City Manager or designee shall then prepare an itemized written report to be presented to the City Council so that, after the notice and hearing during the City Council meeting of October 4, 2022 these abatement costs can be confirmed as a special assessment against those parcels.

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

I CERTIFY that at a regular meeting on July 19, 2022 the El Cerrito City Council passed this resolution by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on July , 2022.
_________________________
Holly Charlety, City Clerk
APPROVED:
______________________
Gabe Quinto, Mayor
Agenda Packet Page 237 of 475

EL CERRITO-KENSINGTON FIRE DEPARTMENT
Fire Prevention Office
10900 San Pablo Avenue, El Cerrito, CA 94530
(510) 215-4457 FAX (510) 232-4917 [email protected] June 13, 2022
Parcel Number: «APN»
Property Address: «Parcel_Address» «Parcel_Street», El Cerrito, CA 94530 Property Owner: «Legal_Property_Owner»
Property Owner’s Address: «Mailing_Address», «Mailing_City», «Mailing_State» «Mailing_Zip» Dear El Cerrito Property Owner:

With the continued drought conditions the last three years, the community is facing its peak fire danger earlier than normal. To reduce the fire danger on private property and provide greater community safety, the Fire Department has been inspecting properties and checking for fire hazards. Recently your property listed above was found that it does not comply with the Vegetation Management Guidelines set forth in the City of El Cerrito Vegetation Management Standards. You are being notified now so that you may, if you have not already done so, take steps to remove those fire hazard conditions found on your property.

Enclosed is a copy of the Fire Hazard Reduction Inspection form specifying those areas that are not in compliance as well as the Fire Hazard Reduction Guidelines and Fire Hazard Reductions Checklist that can assist you in bringing your property into compliance. More information on the Vegetation Management Standards and Guidelines may be found on the City’s website at: www.el-cerrito.org under Vegetation Management Standards. Additional information is also available at www.readyforwildfire.org or www.cafiresafecouncil.org as well as many others.

If you have recently completed the work to meet these standards, no further action is required. If not, your property is required to be brought into compliance no later than July 11, 2022. There is no need to contact Fire Department upon completion as we will be re-inspecting all properties. When the Fire Department has cleared your property, you will receive a follow up letter to inform you that your property is currently in compliance.

On July 19, 2022 at 7:00PM the El Cerrito City Council will hold a public hearing to declare those properties still not in compliance as a public nuisance. Your property is at risk of being declared a public nuisance and subject to further abatement actions. In accordance with the Government Code, you may appear before the Board at this public hearing to dispute this declaration.

If you have not done so already, please take immediate action to remove those fire hazard conditions and we thank you for your cooperation helping us make El Cerrito a more fire safe community.

Sincerely,
Chase Beckman Chase Beckman
Fire Chief / Fire Marshal
Agenda Item No. 7.A.

Attachment 4
Agenda Packet Page 238 of 475

EL CERRITO FIRE DEPARTMENT

KENSINGTON FIRE PROTECTION DISTRICT
10900 San Pablo Avenue, El Cerrito, Ca. 94530 (510)215-4450 Fire Hazard Reduction Inspection
Owner/Tenant Site Address City State Zip Code
Legal Propety Owner Mailing Address City State Zip Code APN #
ZONE 1
Zero to 30 feet from buildings, structures, decks,etc. in all portions within El Cerrito and Kensington ___ 1. Remove all dead plants, grass and weeds.
___ 2. Remove dead or dying leaves and pine needles from your yard, roof and rain gutters. ___
___
___
___
___ 7. Remove or prune flammable plants and shrubs near windows. ___
___
___
ZONE 2
___ 1. Cut or mow weeds and grass to a maximum height of 6 inches. ___
___ 3. Vacant lots in Zone 2 shall be maintained to be 30 feet wide along the property line.

COMMENTS:

Inspected by Inspection # Date Time

8. Remove vegetation and items that could catch fire from around and under decks.

9. Create a minimum 6-foot separation between trees, shrubs or vegetation and combustible materials.

10. Vacant lots in Zone 1 shall be maintained to be 10 feet wide along the property line.

Thirty to 100 feet from buildings, structures, decks, etc. for all parcels within the Very High Fire Hazard Severity Zone. Zone 1 requirements shall be followed in addition to Zone 2 requirements.

2. All fire hazardous vegetation except for weeds and grass shall be cleared and maintained to a height no greater than 18 inches above the ground.

YOUR PROPERTY IS NOT IN COMPLIANCE WITH THE FIRE CODE.

YOU MUST COMPLETE THE FOLLOWING REQUIREMENTS:

6. Relocate wood piles to Zone 2 if applicable.

3. Trees shall be maintained so that no portion is closer than 10 feet from any chimney opening.

4. Trees, shrubs, bushes or other vegetation adjacent to or overhanging any structure shall be maintained free of dead limbs and other combustible matter.

5. On mature trees, limbs should be removed up to 10' above the ground. Smaller trees should be limbed to 1/3 of their height up to 6' above the ground, but in no case less than 18" from the ground.

AGENDA ITEM NO. 7.A.

ATTACHMENT 5
Agenda Packet Page 239 of 475
City of El Cerrito Fire Hazard Reduction Guidelines
Zone 1
Zone 1 extends 30 feet from buildings, structures, decks, etc.in all portions within the City of El Cerrito including the designated Very High Fire Hazard Severity (VHFHS) Zones. Vacant lots in Zone 1 shall be maintained to be 10 feet wide along the property line. • Remove all dead plants, grass and weeds (vegetation). • Remove dead or dry leaves and pine needles from your yard, roof and rain gutters. • Trees shall be maintained so that no portion is closer than 10 feet from any chimney opening. • Trees, shrubs, bushes or other vegetation adjacent to or overhanging any structure shall be maintained free of dead limbs and other combustible matter such as vines and loose papery bark. • On mature trees, limbs should be removed up to 10’ above the ground. Smaller trees should be limbed to 1/3rd of their height up to 6’ above the ground, but in no case less than 18 inches from the ground. • Relocate wood piles to Zone 2 if applicable.
• Remove or prune flammable plants and shrubs near windows. • Remove vegetation and items that could catch fire from around and under decks. • Create a minimum 6-foot separation between trees, shrubs or vegetation and combustible materials.

Zone 2
Zone 2 extends from 30 feet to 100 feet out from buildings, structures, decks, etc. in only those areas within the City of El Cerrito designated as the Very High Fire Hazard Severity (VHFHS) Zones. Vacant lots in Zone 2 shall be maintained to be 30 feet wide along the property line. NOTE: All Zone 1 requirements shall be followed in addition to the following Zone 2 requirements:
• Cut or mow weeds and grass shall be cleared to a maximum height of 6 inches. • All fire hazardous vegetation except for weeds and grass shall be cleared and maintained to a height no greater than 18 inches above the ground.

AGENDA ITEM NO. 7.A.

ATTACHMENT 6
Agenda Packet Page 240 of 475
Fire Hazard Reduction Checklist
Zone 1 Requirements
Definition: Zone 1 extends 30 feet from buildings, structures, decks, etc.in all portions within the City of El Cerrito including the designated Very High Fire Hazard Severity (VHFHS) Zones
Remove all dead plants, grass and weeds within 30 feet of buildings, structures, decks, etc.

Remove dead or dry leaves and pine needles from your yard, roof and rain gutters Trees shall be maintained so that no portion is closer than 10 feet from any chimney opening Trees, shrubs, bushes or other vegetation adjacent to or overhanging any structure shall be maintained free of dead limbs and other combustible matter such as vines and loose papery bark On mature trees, limbs should be removed up to 10’ above the ground. Smaller trees should be limbed to 1/3rd of their height up to 6’ above the ground, but in no case less than 18” from the ground Relocate wood piles to Zone 2 if applicable
Remove or prune flammable plants and shrubs near windows Remove vegetation and items that could catch fire from around and under decks Create a minimum 6-foot separation between trees, shrubs or vegetation and combustible materials
Vacant lots in Zone 1 shall be maintained to be 10 feet wide along the property line Zone 2 Requirements
Definition: Zone 2 extends from 30 feet to 100 feet out from buildings, structures, decks, etc. in only those areas within the City of El Cerrito designated as the Very High Fire Hazard Severity (VHFHS) Zones. NOTE: All Zone 1 requirements shall be followed in addition to the following Zone 2 requirements
Cut or mow weeds and grass shall be cleared to a maximum height of 6 inches All fire hazardous vegetation except for weeds and grass shall be cleared and maintained to a height no greater than 18 inches above the ground
Vacant lots in Zone 2 shall be maintained to be 30 feet wide along the property line To find out if your property is located within the Very High Fire Hazard Severity Zone, go to : https://egis.fire.ca.gov/FHSZ/ On the upper left hand side, click on the bottom icon for Address Search.

Agenda Packet Page 241 of 475

CITY OF EL CERRITO
10900 San Pablo Avenue  El Cerrito  CA  94530
(510) 215-4457  FAX (510) 232-4917  [email protected] July 20, 2022
Parcel Number: XXX
Property Address: XXXX ., El Cerrito, CA 94530
Property Owner:

Property Owner’s Address:

NOTICE TO DESTROY WEEDS AND REMOVE

RUBBISH, REFUSE AND OTHER FLAMMABLE MATERIAL
On July 19, 2022 the El Cerrito City Council declared that your property in the City of El Cerrito, designated above by address and parcel number, constitutes a public nuisance because of the presence of weeds, rubbish, litter or other flammable material which creates a fire hazard, a menace to the public health, or is otherwise noxious or dangerous.

A previous notice was sent to you informing you of the July 19, 2022 hearing and further informing you of your obligation to remove the weeds, rubbish, refuse and other flammable material from your property. If you do not immediately abate these nuisance conditions, the City will do so and the costs for removal of the weeds, rubbish, refuse and other flammable material will be assessed against your property as a lien and special assessment. These removal costs shall then be collected in the time and in the manner of ordinary municipal taxes.

You will not receive any further notices from the City prior to this removal. The City shall perform this removal either through its own staff or through private contract sometime between the dates of August 19, 2022 to September 2, 2022. It is impossible to predict what it will cost the City to remove these nuisance conditions from your property. The costs depend on the severity of those conditions. In past years these abatement costs have sometimes exceeded $8,000 per parcel for those parcels with severe nuisance conditions The City Council will conduct a public hearing on October 4, 2022 to confirm the cost of the abatement work performed on your property. The meeting will be held via teleconference or in the El Cerrito City Council Chambers at 10890 San Pablo Avenue in El Cerrito at 6:00 p.m.

Please refer to the agenda for meeting information at www.el-cerrito.org/CouncilMeetingMaterials.

During this public hearing you will be given the opportunity to voice objections regarding the report and the assessment of the abatement costs for your property. At this hearing you will also be given the opportunity to object, protest and/or present evidence to support your arguments.

If you have any questions, contact the El Cerrito Fire Department at 10900 San Pablo Avenue.

The phone number is (510) 215-4457.

Chase Beckman
Chase Beckman
Fire Marshal
Agenda Item No. 7.A.

Attachment 7
Agenda Packet Page 242 of 475

AGENDA BILL
Agenda Item No. 7.B.

Date: July 19, 2022
To: El Cerrito City Council
From: Christina Leard, Management Analyst III; Will Provost, Operations and Environmental Services Manager; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Subject: Amended Foodware Ordinance Requiring Single-Use Foodware Accessories and Standard Condiments Packaged for Single-use to be Provided Only if Requested by a Consumer

ACTION PROPOSED
Conduct a public hearing, and upon conclusion, introduce by title and waive any further reading of an Ordinance amending Chapter 8.24 Foodware Regulations of the El Cerrito Municipal Code to align with recent State legislation.

BACKGROUND
In 2013, the City of El Cerrito adopted a Foodware Ordinance prohibiting the distribution of expanded polystyrene foam (“styrofoam”) take-out containers, and requiring the use of reusable, recyclable, or compostable foodware (Ord. No. 2013-04). On November 16, 2021, the City of El Cerrito City Council approved amendments to the Foodware Ordinance that went further, requiring foodware to be packaged for takeout in reusable or compostable containers, and phasing out single-use plastic foodware items within the City of El Cerrito (Ord. No. 2021-04).

Simultaneously, the State of California has also been approving legislation to reduce the waste generated from single-use foodware. In 2018, California adopted Assembly Bill (AB) 1884 requiring that full-service restaurants only provide single-use plastic straws upon consumer request. The State expanded on this law by passing AB 1276 on October 5, 2021. Under AB 1276, food facilities must require consumers to request foodware accessories such as utensils, stirrers, splash sticks, and condiment packages, prior to providing those items. Additionally, cities are required to enforce the requirements of the bill starting June 1, 2022.

Staff in consultation with the City Attorney have analyzed the requirements under AB 1276 and are returning to City Council to amend the City’s Foodware Ordinance to include all required language as it relates to having food facilities provide single-use food accessories, and standard condiments packaged for single use, only upon request.

Single-use foodware accessories include all utensils, forks, spoons, knives, sporks, chopsticks, straws, stirrers, splash sticks, cocktail sticks, condiment cups and packages and other items that are designed for one-time use and disposal. The El Cerrito Municipal Code currently requires only straws to be provided upon request and AB 1276 outlines a range of additional single-use food accessories that shall only be Agenda Packet Page 243 of 475
Agenda Item No. 7.B.
provided after a customer asks for them. Additionally, AB 1276 requires cities to authorize enforcement of the law, and outlines specific enforcement procedures. For example, as written in the legislation, the first and second violations of these requirements “shall result in a notice of violation, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day in violation, but not to exceed three hundred dollars ($300) annually." Staff is recommending changes to the 2021 Ordinance to be compliant with the new State law and to enable City of El Cerrito Staff to enforce the Ordinance, as required. The proposed Ordinance, as amended, would require single-use foodware accessories and condiment packages to be provided only upon request of the consumer within the City of El Cerrito and would additionally enable the City to enforce the new requirements.

Food facilities has the same meaning as in Section 113789 of the Health and Safety Code and is currently defined as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level.

ANALYSIS
The proposed amendments to the Ordinance are summarized below:
 Requirement that Food Facilities only distribute Single-use Foodware Accessories and Standard Condiments packaged for Single Use upon request by the consumer;
 Prohibition of Food Facilities bundling/packaging Single-use Foodware Accessories for distribution;
 Requirement that Third-party Food Delivery platforms (e.g., Uber Eats, DoorDash, etc.) provide options for consumers to affirmatively ask for Single-use Foodware Accessories;
 Correctional Institutions, Health Care Facilities, Residential Care Facilities, and Public and Private School Cafeterias are exempt from the new requirements (included in Section 8.24.070); and,
 Enforcement: The first and second violations of the new requirements (included in Section 8.24.070) shall result in a notice of violation, and any subsequent violation of that section shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day in violation, but not to exceed three hundred dollars ($300) annually.

The current Foodware Ordinance, as adopted in November 2021, became effective on July 1, 2022, with enforcement to begin on January 1, 2024, aligning with the timeline for Senate Bill 1383 (“Mandatory Organics Recycling”). However, AB 1276 requires cities to enforce the requirements of the bill starting June 1, 2022. As a result, the amended Ordinance was drafted in such a way that it shall take effect and be enforced thirty (30) days after the date of its adoption, with the exception that enforcement of the requirement for disposable foodware to be compostable still won’t begin until January 1, 2024.

Agenda Packet Page 244 of 475
Agenda Item No. 7.B.

Enforcement will largely be based on complaints received by the City and focused primarily on education, similar to enforcement practices under the current Ordinance.

Should the proposed amendments be adopted, Staff will assist food providers and food facilities by providing training and technical support and building public awareness.

STRATEGIC PLAN CONSIDERATIONS
Adoption of the proposed amendments to the Foodware Ordinance will help fulfill the following City of El Cerrito Strategic Plan goals and objectives:
 Goal A: Deliver Exemplary Government Services by staying in compliance with all mandates from the State of California.
 Goal F: Foster environmental sustainability citywide by reducing the amount of waste generated in El Cerrito as well as by being a leader in setting policies for environmental sustainability.
 Goal E: Ensuring the public’s health and safety by supporting initiatives that decrease pollution and improve the health and prosperity of future generations.

ENVIRONMENTAL CONSIDERATIONS
If adopted, the amended Foodware Ordinance would reduce single-use foodware litter on El Cerrito streets and public spaces, reduce the presence of foodware litter in storm drains and creeks (the City is required to eliminate trash in stormwater per the Municipal Regional Stormwater Permit), and reduce waste management inefficiencies attributed to single-use foodware.

Pursuant to Title 14 of the California Administrative Code, the City Council finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) for the following reasons: (1) under Section 15061 (b)(3), it is not a project which has the potential for causing a significant effect on the environment; (2) under Section 15308, it is an authorized action by an agency with regulatory authority for the purpose of assuring the maintenance, restoration, enhancement, or protection of the environment.

FINANCIAL CONSIDERATIONS
Financial impacts are expected to be minimal and in the form of Staff time as a result of adopting the proposed amended Ordinance, and there are no impacts to the City’s General Fund. There is expected to be an initial spike in Staff time needed to develop resources including a comprehensive fact sheet for businesses and to respond to questions and concerns in the first few months after the Ordinance is effective. After such time, Staff time to respond to complaints will largely be absorbed into on-going outreach, education, and communications with businesses as part of other State mandates. Compliance with the Ordinance prohibiting expanded polystyrene foam has been high, however, should a large number of businesses not comply with this State Law and the City’s amended Ordinance, additional Staff time will need to be spent to issue Notices of Violation and escalate businesses through the required enforcement Agenda Packet Page 245 of 475
Agenda Item No. 7.B.
procedures. At this time, Staff anticipate being able to handle the additional mandated enforcement activities with current budgets and staffing in the Integrated Waste Management (IWM) fund.

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

Reviewed by:

Alexandra Orologas, Assistant City Manager
Attachments:

1. Ordinance
Agenda Packet Page 246 of 475

ORDINANCE NO. 2022—

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CERRITO AMENDING CHAPTER 8.24 OF THE EL CERRITO MUNICIPAL CODE ENTITLED “FOODWARE ORDINANCE” PROHIBITING A FOOD FACILITY FROM PROVIDING ANY SINGLEUSE FOODWARE ACCESSORY OR STANDARD CONDIMENT PACKAGED FOR

SINGLE USE UNLESS REQUESTED BY CONSUMER AND AUTHORIZING

ENFORCEMENT AND PENALTIES
WHEREAS, the City of El Cerrito adopted a Foodware Ordinance in 2013 prohibiting Expanded Polystyrene Foam and amended the ordinance in November 2021 to phase out all single-use plastic foodware items in the city and require the use of reusable or compostable containers; and
WHEREAS, the City of El Cerrito’s amended ordinance additionally required permitted beverage straws to only be provided upon request; and WHEREAS, in October 2021, the State of California passed Assembly Bill 1276 prohibiting a food facility from providing any single-use foodware accessory or standard condiment, as defined, to a consumer unless requested by the consumer, and requiring cities to authorize enforcement of the requirements of the bill on or before June 1, 2022; and
WHEREAS, additional amendments to the Foodware Ordinance, as proposed here, would incorporate the language required under Assembly Bill 1276; and WHEREAS, in addition to complying with this State mandate, updating the City’s ordinance to enforce these new requirements aligns with the City’s goals to reduce waste; and
WHEREAS, improperly discarded single-use foodware can result in blocked storm drains, fouled waterways, and increased marine debris; and WHEREAS, the City of El Cerrito has a substantial interest in protecting its waterways, environment, and taxpayers from the negative impacts of single-use foodware; and
WHEREAS, reducing the use of single-use foodware is consistent with the El Cerrito Strategic Plan goal to “foster environmental sustainability citywide”; and WHEREAS, this proposed Ordinance will preserve and enhance the environment within the City of El Cerrito and is exempt from the requirements of the California Environmental Quality Act (“CEQA”), as amended, pursuant to Section 15061(b)(3) or Section 15308 of the CEQA Guidelines.

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

Agenda Packet Page 247 of 475

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: Amendment of Municipal Code: Chapter 8.24 of the El Cerrito Municipal Code is hereby amended with the following additions and deletions to read as follows (additions in underline, deletions in strikethrough):

8.24.010 Title.

This chapter shall be known as the El Cerrito Foodware Ordinance. The City of El Cerrito hereinafter shall be called "city." This chapter shall be applicable in the incorporated territory of the city.

8.24.030 Purpose.

It is the intent of the City of El Cerrito in enacting Chapter 8.24 to eliminate the use of Expanded Polystyrene foodware and single-use plastic foodware items and to require the use of Reusable, or Compostable, food containers by Food Providers and Customers in El Cerrito. Additionally, it is the intent of this Chapter to comply with the requirements of California Assembly Bill 1276 (2021) and to require Single-use Foodware Accessories and Condiments packaged for Single use to be provided only if requested by a Consumer.

8.24.040 Definitions.

The following definitions apply to this chapter:

A. "Compostable" means the product is capable of composting using the city of El Cerrito's available composting and green-waste collection programs as determined by the City manager or designee and identified on the City's website, and the product is free of all intentionally added fluorinated chemicals, as certified by the biodegradable product institute or other independent third party certifying organization or agency recognized by the city on the city's website.

B. “Consumer” has the same meaning as in Section 113757 of the Health and Safety Code and is currently defined as a person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food facility, and does not offer the food for resale.

C. "City facilities" means any park, building, structure or vehicle owned or operated by the City of El Cerrito, its agents, agencies, departments or franchisees.

D. "City project" means any work that is undertaken by the City, contractors, or other agencies on behalf of, or in partnership with, the City of El Cerrito and taking place within the City of El Cerrito.

E. "City-sponsored event" means any event organized or sponsored by the City of El Cerrito or any department of the City of El Cerrito.

F. "Customer" means any member of the public obtaining Prepared Food from a Food Provider.

Agenda Packet Page 248 of 475

G. "Disposable foodware" means all containers, bowls, plates, trays, cartons, plate liners, cups, napkins, drink plugs, beverage trays, condiment containers, cup sleeves, lids, utensils, forks, spoons, knives, straws, stirrers, toothpicks, cocktail sticks, and other items that are designed for one-time use for Prepared Foods, including service ware for take-out foods and/or leftovers from partially consumed meals prepared by Food Providers.

H. “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code and is currently defined as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level.

I. "Food provider" means any vendor, business, organization, entity, group, or individual, including any restaurant or retail food establishment, located or operating within the City of El Cerrito or providing food or beverage to the public, and any provider of prepared food at organized or special events occurring within the boundaries of the City of El Cerrito.

J. "Expanded polystyrene" or "EPS" means and includes blown polystyrene and expanded and extruded foams (sometimes called Styrofoam, a Dow Chemical Co. trademarked form of expanded polystyrene insulation) which are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene). Expanded polystyrene is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons.

K. "Permitted beverage straw" means straws that are Compostable or Reusable.

L. "Plastic beverage straw" means a tube made predominantly of plastic derived from petroleum, silicone, or a biologically based polymer, such as corn or other plant sources, for transferring a beverage from its container to the mouth of the drinker. "Plastic beverage straw" does not include straws that are made from non-plastic materials, such as paper, sugar cane, bamboo, metal, or glass.

M. "Plastic stirrer" means a device that is used to mix beverages, intended for only one-time use, and made predominantly of plastic derived from either petroleum, silicone, or a biologically based polymer, such as corn or other plant sources. "Plastic stirrer" does not include stirrers that are made from non-plastic materials, such as wood, paper, sugar cane, or bamboo.

N. "Prepared food" means food or beverages, which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the Food Provider's premises. For the purposes of this chapter, prepared food does not include raw, butchered meats, fish and/or poultry sold from a butcher case or similar retail appliance. Prepared food may be eaten either on or off the premises, also known as "take-out food."
O. “Ready-to-eat food” has the same meaning as in Section 113881 of the Health and Safety Code and is currently defined as food that is in a form that is edible without additional preparation to achieve food safety.

Agenda Packet Page 249 of 475

P. "Restaurant" means a restaurant, take-out food establishment, or any other business that receives ninety percent or more of its revenue from the sale of prepared food or beverages to be eaten on or off its premises.

Q. "Retail food establishment" means any store, shop, sales outlet, or other establishment, other than a restaurant, including, but not limited to, a grocery store, delicatessen, mobile food preparation and sale unit, drive-in, coffee shop, cafeteria, short-order cafe, luncheonette, grill, sandwich shop, hotel, motel, movie house, theatre, bed and breakfast inn, tavern, bar, cocktail lounge, nightclub, roadside stand, take-out prepared food place, industrial feeding establishment, catering kitchen, commissary, special event, food market, produce stand, food stand, or similar place in which food or drink is prepared for sale, or for service, on the premises or elsewhere, and any other establishment or operation where food is processed, prepared, stored, served or provided to customers.

R. "Reusable" means all materials in the product or package will be used more than once in its same form by the Customer, food vendor, or other reuse programs.

Reusable foodware includes: food or beverage containers, packages or trays, such as, but not limited to, soft drink bottles and milk containers that are designed to be returned to the distributor by the Customer that is provided take-out containers.

Reusable also includes durable containers, packages or trays used on premises or returnable containers brought back to the Food Provider.

S. "Reusable foodware" means all containers, bowls, plates, trays, cartons, cups, and other items that are designed for prolonged use, including, but not limited to, ceramic, glass, porcelain, and metal foodware. The City Manager or designee has the authority to make a final determination on if a foodware item is designed for prolonged use; the determination shall be in writing and will be final.

T. “Single-use” means designed to be used once and then discarded, and not designed for repeated use and sanitizing.

U. “Single-use foodware accessory” means all of the following Single-use items provided alongside Ready-to-eat Food:
(1) Utensils, which is defined as forks, knives, spoons, and sporks. (2) Chopsticks.
(3) Condiment cups and packets.
(4) Straws.
(5) Stirrers.
(6) Splash sticks.
(7) Cocktail sticks.

V. “Standard condiment” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.

W. “Third-party food delivery platform” has the same meaning as in Section 113930.5 of the Health and Safety Code and is currently defined as a business engaged in the service of online food ordering and delivery from a Food Facility to a Consumer.

Agenda Packet Page 250 of 475

8.24.050 Prohibited foodware.

A. Except as provided in this chapter, Food Providers are prohibited from providing Prepared Food to Customers in foodware that is not Compostable or Reusable.

B. Except as provided in this chapter, all City facilities are prohibited from using foodware that is not Compostable or Reusable and all City departments and agencies shall not purchase or acquire such foodware for use at City facilities or City-sponsored events.

C. Except as provided in this chapter, all City franchisees, contractors, vendors and caterers doing business with the City shall be prohibited from using foodware that is not Compostable or Reusable in City facilities, at City events or on City projects within the City of El Cerrito.

D. Except as provided in this chapter, no Food Provider, city franchisees, contractors, vendors and caterers doing business with the City, City Facilities, or any Citysponsored Event shall use, provide, distribute, or sell Plastic Beverage Straws or Plastic Stirrers, except as allowed under this chapter to meet the needs of persons who require and request them due to disability or other medical or physical conditions or circumstances. All Permitted Beverage Straws shall only be provided upon request by the Customer.

8.24.060 Permitted foodware.

A. All Food Providers using any Disposable Foodware will use Compostable or Reusable foodware. All Food Providers are strongly encouraged to use Reusable Foodware in place of using Disposable Foodware for all food served on premises.

A Food Provider may price its products or services to customers in a manner to cover any cost differential. All Permitted Beverage Straws shall only be provided upon request.

B. All City facilities and City-sponsored events using any foodware will use Compostable or Reusable foodware. All City facilities are strongly encouraged to use Reusable foodware in place of using Disposable foodware for all food served on premises.

C. All City franchisees, contractors, vendors and caterers, when doing business with the City, will use Compostable or Reusable Foodware in City facilities, at City events, or on City projects within the City of El Cerrito. All City facilities are strongly encouraged to use Reusable Foodware in place of using Disposable Foodware for all food served on-premises.

D. All individuals, entities or organizations using City facilities for public or private events shall comply with the requirements in this chapter.

E. Food providers that provide Compostable or Reusable straws may provide singleuse Plastic Beverage Straws to Customers by request to accommodate needs of persons who require and request them due to disability or other medical or physical conditions or circumstances.

Agenda Packet Page 251 of 475

8.24.070 Foodware by Request and Third-Party Food Delivery.

A. Except as provided in subdivision (C) of this section, a Food Facility, for onpremises dining or when using a Third-party Food Delivery Platform, shall not provide any Single-use Foodware Accessory or Standard Condiment packaged for Single-use to a Consumer unless the Single-use Foodware Accessory or Standard Condiment is requested by the Consumer.

B. Single-use Foodware Accessories and Standard Condiments packaged for Single use provided by Food Facilities for use by Consumers shall not be bundled or packaged in a manner that prohibits a Consumer from taking only the type of Single-use Foodware Accessory or Standard Condiment desired without also having to take a different type of Single-use Foodware Accessory or Standard Condiment.

C. A Food Facility may ask a drive-through Consumer if the Consumer wants a Single-use Foodware Accessory if the Single-use Foodware Accessory is necessary for the Consumer to consume Ready-to-eat Food, or to prevent spills of or safely transport Ready-to-eat Food.

D. (1) A Third-party Food Delivery Platform shall provide Consumers with the option to request Single-use Foodware Accessories or Standard Condiments from a Food Facility serving Ready-to-eat Food.
(2) If a Food Facility uses any Third-party Delivery Platform for Ready-to-eat Food, the Food Facility shall customize its menu with a list of available Single-use Foodware Accessories and Standard Condiments, and only those Single-use Foodware Accessories or Standard Condiments selected by the Consumer shall be provided by the Food Facility. If a Consumer does not select any Single-use Foodware Accessories or Standard Condiments, no Single-use Foodware Accessory or Standard Condiment shall be provided by the Food Facility for delivery of Ready-to-eat Food.

E. Nothing in this section shall prohibit a Food Facility from making unwrapped Single-use Foodware Accessories available to a Consumer using refillable selfservice dispensers that dispense one item at a time to allow for Single-use Foodware Accessories to be obtained.

F. Nothing in this section shall prohibit a Food Facility from making Standard Condiments available to a Consumer using refillable self-service dispensers to allow for Standard Condiments to be obtained. A Food Facility that offers Standard Condiments is encouraged to use bulk dispensers for the condiments rather than condiments packaged for Single-use.

G. A Food Facility is encouraged, but not required, to take actions in addition to the requirements of this section that support a goal of reducing the use of and waste generated by all Single-use food service products.

H. This section does not apply to any of the following:
(a) Correctional institutions, which has the same meaning as in Section 7502 of the Penal Code.

Agenda Packet Page 252 of 475

(b) Health care facilities licensed pursuant to Article 1 (commencing with Section 1250) of Chapter 2 of Division 2 of the Health and Safety Code or facilities that are owned or operated by a health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code.
(c) Residential care facilities licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code.
(d) Public and private school cafeterias, as referenced in paragraph (1) of subdivision (b) of Section 113789 of the Health and Safety Code.

8.24.080 Exemptions to Section 8.24.050 and Section 8.24.060.

A. Prepared Foods that are prepared or packaged outside the City of El Cerrito as well as Prepared Foods prepared and packaged in the City of El Cerrito for use outside of the City of El Cerrito are exempt from the provisions of Section 8.24.050 and Section 8.24.060 of this chapter. Purveyors of food prepared or packaged outside the City of El Cerrito are encouraged to follow the all provisions of this chapter.

B. Food Providers may be exempted from the provisions of Section 8.24.050 and Section 8.24.060 of this chapter for specific items or types of Disposable Foodware if the City Manager or designee finds that a suitable Compostable or Reusable alternative does not exist for a specific application and/or that imposing the requirements of this chapter on that item or type of Disposable Foodware would cause undue hardship. A list of exempted items will be located on the City’s website.

C. Any Food Provider or City facility may seek an exemption from the requirements of Section 8.24.050 and Section 8.24.060 of this chapter by filing a request in writing with the City Manager or designee. The City Manager or designee may waive any specific requirement of Section 8.24.050 and Section 8.24.060 of this chapter for a period of not more than one year if the Food Provider or City facility seeking the exemption has demonstrated that strict application of the specific requirement would cause undue hardship.

D. A Food Provider or City facility granted an exemption must reapply prior to the end of the one year exemption period and demonstrate continued undue hardship if the Food Provider or City facility wishes to have the exemption extended. The City Manager or designee's decision to grant or deny an exemption or to grant or deny an extension of a previously issued exemption shall be in writing and shall be final.

E. Expanded Polystyrene coolers and ice chests that are intended for reuse are exempt from the provisions of this chapter.

F. In a situation deemed by the City Manager or designee to be an emergency, or in the event that a local emergency or disaster has been declared in effect, for the immediate preservation of the public peace, health or safety, City facilities, Food Providers, City franchisees, contractors, vendors and caterers doing business with the City shall be exempt from the provisions of this chapter.

Agenda Packet Page 253 of 475

G. Nothing in this chapter shall restrict, or be construed to restrict, the availability of single-use Plastic Beverage Straws to individuals who may require and request them due to disability or other medical or physical conditions or circumstances. It shall not be a violation of this chapter for any Food Provider, City facility or Citysponsored event vendor to provide single-use Plastic Beverage Straws to such individuals who request them. Instances where compliance with the chapter would interfere with accommodating for any person's medical needs shall be exempt from the provisions of this chapter.

8.24.140 Enforcement and violation—Penalty.

A. As of January 1, 2024, any violation of Section 8.24.050 and Section 8.24.060 this chapter is punishable as specified in Chapters 1.08 or 1.14 of the El Cerrito Municipal Code or by any other applicable law.

B. The City Manager or designee has primary responsibility for enforcement of this chapter. The City Manager is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, investigating violations, issuing fines and entering the premises of any Food Provider during business hours. Other City of El Cerrito staff may assist with this enforcement responsibility by entering the premises of a Food Provider as part of their regular inspection functions and reporting any alleged violations to the City Manager. The City Manager or designee may authorize another public agency and its agents to take any and all actions reasonable and necessary to enforce this chapter.

C. The first and second violations of Section 8.24.070 shall result in a notice of violation, and any subsequent violation of that section shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day in violation, but not to exceed three hundred dollars ($300) annually.

Section 3. Compliance with the California Environmental Quality Act.

Pursuant to Title 14 of the California Administrative Code, the City Council finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) for the following reasons: (1) under Section 15061 (b)(3), it is not a project which has the potential for causing a significant effect on the environment; (2) under Section 15308, it is an authorized action by an agency with regulatory authority for the purpose of assuring the maintenance, restoration, enhancement, or protection of the environment.

Section 4. 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 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.

Agenda Packet Page 254 of 475

Section 5. No Conflict with Federal or State Law.

Nothing in this Ordinance is intended to create any requirement, power or duty that is in conflict with any federal or state law.

Section 6. Effective Date.

This ordinance shall take effect and be enforced thirty (30) days after the date of its adoption. The ordinance or a summary thereof shall be posted or published as may be required by law.

THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council on July 19, 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 August 16, 2022 and passed by the following vote:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
APPROVED:
________________________
Gabe Quinto, Mayor
ATTEST:
_____________________
Holly 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 (DD day of Month, 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 (Month), 2022.
_____________________________
Holly M. Charléty, City Clerk
Agenda Packet Page 255 of 475

AGENDA BILL
Agenda Item No. 7.C.

Date: July 19, 2022
To: El Cerrito City Council
From: Sean Moss, Planning Manager, Community Development Department Subject: An Appeal of the Planning Commission's Approval of a Use Permit to Allow a Temporary Fire Station on Craft Avenue

ACTION PROPOSED
Conduct a public hearing and upon conclusion, adopt a resolution denying the appeal and upholding the Planning Commission’s approval of a Use Permit for a temporary fire station on Craft Avenue.

BACKGROUND
The Kensington Fire Protection District is a special district created for the purpose of providing fire protection and emergency response services to the unincorporated community of Kensington, which is adjacent to the City of El Cerrito to the southeast.

The District owns and manages a fire station (Kensington Public Safety Building/Station 65) at 217 Arlington Avenue in Kensington, which was built in 1971. The City of El Cerrito has provided Fire Department staffing for the fire station through a contract with the Kensington Fire Protection District since 1995.

The District has determined that the existing Public Safety Building is seismically unsound and in need of major renovation. Through a lengthy public process, the District has developed a plan to renovate the existing building. This project will require that the District vacate the existing building for approximately 18 months during the renovation.

In order to continue to provide emergency services to the Kensington community during this time and to house the District’s two engines and other equipment, a temporary fire station is needed. Accordingly, the District conducted a search for a suitable site for a temporary fire station. Given the topography and the largely built-out nature of Kensington, only one suitable site was identified. The Kensington Fire Protection District has reached an agreement with the Unitarian Universalist Church of Berkeley to lease a portion of the church parking lot, which is located in the City of El Cerrito, for use as a temporary fire station.

Chapter 19.35 of the El Cerrito Municipal Code establishes the procedures for permitting temporary uses. The Zoning Administrator may typically approve Temporary Use Permits. However, pursuant to Section 19.35.020(D), the Zoning Administrator may require an Administrative Use Permit for temporary uses which have the potential for impacts such as noise and traffic impacts. Pursuant to Section 19.34.030(C), the Zoning Administrator may require a Planning Commission hearing for projects that he/she “determines to have special neighborhood or community significance.” Given the unique nature of this application, the Zoning Administrator decided to require a Planning Commission hearing.

Agenda Packet Page 256 of 475
Agenda Item No. 7.C.

On June 25, 2022, the Planning Commission conducted a public hearing and considered a Use Permit for the proposed temporary fire station. After receiving a staff presentation, a presentation from the applicant, and public comment, the Commission adopted Resolution PC2022-08, approving the Use Permit on a unanimous vote of 4-0.

In its approval of the Use Permit, the Planning Commission made two modifications to the Conditions of Approval proposed in the draft resolution. First, the Commission added a prohibition on routine testing and operation of heavy equipment before 9:00 a.m. or after 6:00 p.m. Secondly, the Commission modified the duration of the Use Permit. Staff had originally proposed a 24-month duration for the Use Permit. This proposal was in response to the District’s estimate of 18 months for the duration of the renovation of the existing station. City staff initially proposed a 24-month duration to allow the District some flexibility in the event of unforeseen circumstances. The Commission modified this condition to allow the Use Permit to be in effect for the duration of the renovation project as long as the District continues to make a good faith effort to complete the project, regardless of the time period.

On June 23, 2022, the appellants submitted an appeal of the Planning Commission’s decision and paid the applicable appeal fee.

ANALYSIS
Project Description
The Unitarian Universalist Church campus consists of a sanctuary and accessory buildings that are located in Kensington, adjacent to the El Cerrito city limits. In addition to church activities, a preschool (The Good Earth School) also operates on the church campus. Parking areas surround the sanctuary building to the north and west. These parking areas can be accessed from Lawson Road in Kensington or from Craft Avenue in El Cerrito. The site slopes upward from Craft Avenue toward the ridgeline near Kensington Road. The western parking area sits on two parcels which are within the El Cerrito city limits, along Craft Avenue. The proposed site of the temporary fire station is a mostly under-utilized parking area adjacent to Craft Avenue in the City of El Cerrito.

Craft Avenue is a short dead-end street located entirely in the City of El Cerrito. Craft Avenue is accessed from Terrace Drive. The access to the Unitarian Universalist Church is near the end of Craft Avenue on the northeast side of the street. The church access extends northeast and then turns southeast toward the sanctuary and Lawson Road. The first parking area off of Craft Avenue is a dead-end parking bay, meaning it does not circulate to other parts of the parking lot. This parking bay is the proposed site of the temporary fire station.

The proposed temporary fire station would consist of a temporary modular building, containing office space, dormitory rooms, and a kitchen; and a temporary garage to house the District’s two fire engines. The site would be fenced for security and access would be provided via a large rolling gate across the front of the site. The station will typically be staffed by three (3) people, 24 hours per day. Parking for station staff and visitors will be located in the existing parking lot adjacent to the station to the northwest, Agenda Packet Page 257 of 475
Agenda Item No. 7.C.
outside of the security gate.

Staffing for the station would continue to be provided by the City of El Cerrito. The City of El Cerrito provides unified management of fire services in El Cerrito and Kensington and the temporary station would serve both communities, as emergency response needs dictate. Access to the station would be primarily from Craft Avenue. Craft Avenue would also be the primary emergency response route for the temporary station, but the Lawson Road access would also be used for a small number of calls, depending on the emergency response location. The District has conducted maneuverability tests on the site with their two engines to ensure that the engines can adequately access the proposed garage. The District is proposing to remove two existing speed bumps near the entrance of the church parking lot to ensure adequate maneuverability for the engines. See the attached Planning Commission staff report for a vicinity map.

Station 65 averages two (2) emergency calls daily, siren use is kept to a minimum.

Sirens are only used on emergency calls when necessary to alert other traffic. During extreme fire weather events (red flag days), traffic to/from the temporary station will increase due to regular patrols along the ridgeline. The engine companies also have daily work assignments, including fire prevention inspections, hydrant checks, and company training. These activities are mostly limited to either morning or afternoon.

Each engine is equipped with several power tools, such as a power unit for the Jaws of Life, a chainsaw, and a gas-powered blower. The tools are operated weekly to ensure reliability. However, no routine operation of tools or heavy equipment will occur before 9:00 a.m. or after 6:00 p.m.

Appeal
Pursuant to Section 19.39.040(D) of the El Cerrito Municipal Code, decisions of the Planning Commission may be appealed to the City Council. Section 19.39.050 establishes a de novo review process for appeals, meaning the standard of review for the appeal is the same as the standard of review for the original decision and the hearing body for the appeal is free to make different findings and adopt different conditions of approval from the original decision.

The written appeal submitted by the applicant provides four points and justifications for the appeal. The appellant’s points and staff’s responses are detailed below:

1. Access from the site to Arlington Boulevard is both difficult and hazardous and the noise levels will be excessive.

Staff Response: The access routes, average call volume, and operational aspects of the station have been discussed above in this report. As noted in the staff report, Craft Avenue would be the primary point of access for the temporary station. Craft Avenue and Terrace Drive should provide access to Arlington Boulevard, which would provide access to most of Kensington. The site of the temporary station was selected in consultation with the El Cerrito Fire Department. The Fire Department has determined that the access routes to the station are adequate to serve the community and will not Agenda Packet Page 258 of 475
Agenda Item No. 7.C.
pose a hazard to community members or staff. As discussed in the staff report, siren use will be kept to a minimum and is primarily used to alert other traffic.

2. The length of time for emergency vehicles to reach many parts of Kensington put many homeowners at risk.

Staff Response: This point is not a land use issue within the scope of this Use Permit.

The Kensington Fire Protection District has the authority to site public safety facilities to serve the community of Kensington. This site has been selected in consultation with the El Cerrito Fire Department. The location of the site will enable continued fire protection service to Kensington. While the location of the station will increase response times to some locations in Kensington on a temporary basis, it will reduce response times to other locations, including locations in portions of El Cerrito.

3. The Planning Commission’s removal of the two-year use limitation and lack of a Development Agreement to enforce use conditions and limit the potential for long-term use of this site as a fire station leaves no restriction on its continued use.

Staff Response: The renovation of the existing station is expected to take 18 months. In order to provide flexibility to the District, City staff originally proposed a 24-month term for the Use Permit. In its approval of the project, the Planning Commission revised the conditions of approval to remove the 24-month time limit. This was done to provide additional flexibility for the fire station renovation project. However, the conditions adopted by the Planning Commission stipulated that the Use Permit would only be in effect for the duration of the renovation project and as long as the Kensington Fire Protection District continues to make a good faith effort to complete the renovation project. The Use Permit will terminate once the renovation project is complete.

Development Agreements are complex legal contracts that establish the rights and responsibilities of both the applicant and the City. There is nothing in the nature of this Use Permit that triggers the need for a Development Agreement. Development Agreements are not typical for most land use entitlements, especially Temporary Use Permits. The adopted conditions of approval, as amended by the Planning Commission, still provide a finite term for the Use Permit.

4. The project’s non-compliance with code required setbacks and its lack of compliance with General Plan policies CF1.1: Safety and PS2.7: Facility Review were not adequately taken into consideration.

Staff Response: Setbacks and development standards are not typically applied to temporary structures such as those proposed as part of this Use Permit. Through the Temporary Use Permit process, the decision-making body (either the Zoning Administrator or the Planning Commission) approves the site plan for the temporary use. Because the use is temporary, setbacks and other development standards are evaluated on a case-by-case basis. The decision-making body can request changes to the site plan if it feels that the findings required for approval cannot be made. Although Agenda Packet Page 259 of 475
Agenda Item No. 7.C.
the setbacks are not applicable to this project, the proposed project largely complies with the required setbacks for the RS-5 zoning district. The setbacks in the district are as follows: 10-foot front setback, 5-foot side setback, and 15-foot rear setback. The proposed structures for the temporary station will have a front setback greater than 10 feet from the property line along Craft Avenue and the rear setback will exceed 15 feet.

The side setback to the northwest will also exceed 5 feet. Only the southwest side setback is proposed as less than the 5-foot setback normally applicable in the RS-5 zoning district. The southwest property line is coterminous with the El Cerrito City limits and separates two properties owned by the Unitarian Universalist Church of Berkeley, both of which are part of the Unitarian Universalist church campus. The proposed temporary buildings would have ample setbacks from other structures on the site, including the church sanctuary.

The applicability of both General Plan policies cited in the appeal was discussed in the Planning Commission staff report and was part of the Commission's findings. The text of these General Plan policies and staff’s analysis of the project’s consistency with these policies is contained in the section below.

General Plan Compliance
The Use Permit to allow a temporary fire station is consistent with the following policies of the El Cerrito General Plan:

CF1.1: Safety. Place the highest priority on ensuring the safety of existing community facilities, especially the Public Safety Building, Community Center, and neighborhood clubhouses, including seismic retrofits and necessary upgrades.

Although not located in the City of El Cerrito, the proposed temporary fire station will allow the Kensington Fire Protection District to renovate and seismically retrofit the District’s existing building, improving the safety of the building.

CF1.8 Joint Use. Seek opportunities for joint use of community facilities and shared maintenance and operation agreements with other service providers, including the West Contra Costa Unified School District and Contra Costa County.

The proposed project includes the temporary use of an under-utilized portion of the campus of the Unitarian Universalist Church of Berkeley.

PS2.7: Facility Review. Review at regular intervals all fire facilities in the community to ensure their adequacy in relation to such factors as fire hydrant capacity, peak load water requirements, fire access roads to wildland areas, and fire protection factors.

The proposed temporary fire station will allow the renovation and modernization of the existing Station 65, which is staffed by the City of El Cerrito/Kensington Fire Department. The renovation will enhance emergency response.

PS2.13 Joint Response Agreements. Maintain and improve the City’s ability to Agenda Packet Page 260 of 475
Agenda Item No. 7.C.
participate in existing joint response agreements that enhance its ability to respond to fire, EMS, or disaster needs.

The proposed project will allow the continuation of the City of El Cerrito’s existing agreement with the Kensington Fire Protection District while the existing station is renovated.

Required Findings
In order to approve the Temporary Use Permit to allow a temporary fire station, the City Council must make the following findings, contained in Section 19.35.040 of the El Cerrito Zoning Ordinance:

1. The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the public health, safety, and welfare.

The proposed temporary fire station will provide emergency response services to the surrounding community. The duration of this Use Permit will be limited to the duration of the renovation of Station 65. The operation of the temporary station will be typical of other fire stations. No routine testing or operation of heavy equipment will occur before 9:00 a.m. or after 6:00 p.m. Siren use will be kept to a minimum. The temporary fire station will benefit public health, safety, and welfare, by continuing the provision of emergency services to the community.

2. The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use, and will not create a demand for additional parking that cannot be safely and efficiently accommodated.

The proposed project will not restrict normal pedestrian or vehicular access to Craft Avenue or to the Unitarian Universalist Church property. Adequate parking exists on the church site to accommodate the temporary fire station. During emergency calls, engines may need to temporarily interfere with traffic. This interference is reasonable and necessary to provide emergency response and is typical of the operation of a fire station.

STRATEGIC PLAN CONSIDERATIONS
The temporary station will allow the Kensington Fire Protection District to renovate its existing station. Although the Kensington Station 65 is not a City of El Cerrito facility, the renovation is consistent with the spirit of Strategic Plan Goal D: Develop and rehabilitate public facilities as community focal points. By allowing the El Cerrito Fire Department to continue to staff the Kensington Fire Station during the renovation project, the project would further Strategic Plan Goal A: Deliver exemplary government services; and Strategic Plan Goal E: Ensure the public’s health and safety.

Agenda Packet Page 261 of 475
Agenda Item No. 7.C.

ENVIRONMENTAL CONSIDERATIONS
This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 & 15304 of the CEQA Guidelines, Class 3: New construction or conversion of small structures and Class 4: Minor Alterations to Land, and the general rule in Section 15061(b)(3) of the CEQA Guidelines.

FINANCIAL CONSIDERATIONS
Construction and maintenance of the proposed temporary fire station will be funded by the Kensington Fire Protection District (KFPD). The project applicant, KFPD, has paid all required application fees, which includes the City's costs for processing the Use Permit application. The appellant has paid the required appeal fee. However, the non-applicant appeal fee has been set by the City Council at a reduced rate of $541.00 which does not fully cover the City's cost recovery rate of $6,011.00 as identified in the City's most recent fee study (adjusted for inflation). The City will absorb the $5,470.00 difference within the FY 2022-23 Adopted Budget and no increased expenditure appropriation is being requested.

LEGAL CONSIDERATIONS
Section 19.39.050 of the El Cerrito Municipal Code establishes a de novo review process for appeals, meaning the standard of review for the appeal is the same as the standard of review for the original decision and the hearing body for the appeal is free to make different findings and adopt different conditions of approval from the original decision. The City Attorney has reviewed this proposed action and found that legal considerations have been addressed. Notification of this public hearing was published in the East Bay Times on July 9, 2022 and was mailed to owners of property within 300 feet of the project site on July 7, 2022.

Reviewed by:

Alexandra Orologas, Assistant City Manager
Attachments:

1. Resolution

2. Project Plans

3. Planning Commission Staff Report

4. Resolution PC2022-08
Agenda Packet Page 262 of 475
Agenda Item No. 7.C.

Attachment 1
RESOLUTION 2022-XX

A RESOLUTION OF THE EL CERRITO CITY COUNCIL DENYING AN APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF A USE PERMIT TO ALLOW A

TEMPORARY FIRE STATION ON CRAFT AVENUE
WHEREAS, the Kensington Fire Protection District has begun a project to renovate the District’s existing fire station (Kensington Public Safety Building/Station 65) located at 217 Arlington Avenue in Kensington; and
WHEREAS, the District will need to vacate the existing building during the renovation; and
WHEREAS, the renovation is expected to take approximately 18 months; and WHEREAS, a temporary fire station is needed during this time to continue to provide fire protection and emergency response and to house the District’s engines and equipment; and
WHEREAS, the Kensington Fire Protection District has identified the parking lot of the Unitarian Universalist Church of Berkeley as a suitable site for a temporary fire station; and
WHEREAS, the proposed site is located along Craft Avenue in the City of El Cerrito; and
WHEREAS, the Assessor’s Parcel Number of the site is 505-302-017; and WHEREAS, the General Plan land use classification of the site is Low Density Residential; and
WHEREAS, the zoning district of the site is Single Family Residential (RS-5); and WHEREAS, on May 6, 2022, the applicant submitted an application for a use permit; and
WHEREAS, on June 15, 2022, the Planning Commission conducted a duly noticed public hearing, received public testimony, and adopted Resolution PC2022-08, approving the Use Permit; and
WHEREAS, on June 23, 2022, the appellants, Jim Watt, Ann Manheimer, Rachel Archibald, and Paul and Vida Dorroh submitted an appeal of the Planning Commission’s decision; and
Agenda Packet Page 263 of 475
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito, after due consideration of all evidence and reports offered for review, does find and determine the following:

1. The proposed temporary fire station will provide emergency response services to the surrounding community. The duration of the temporary station will be limited to a maximum of 24 months. Operation of the temporary station will be typical of other fire stations. No routine testing or operation of heavy equipment will occur before 9:00 a.m. or after 6:00 p.m. Siren use will be kept to a minimum. The temporary fire station will benefit public health, safety, and welfare, by continuing the provision of emergency services to the community.

2. The proposed project will not restrict normal pedestrian or vehicular access to Craft Avenue or to the Unitarian Universalist Church property. Adequate parking exists on the church site to accommodate the temporary fire station. During emergency calls, engines may need to temporarily interfere with traffic. This interference is reasonable and necessary to provide emergency response and is typical of the operation of a fire station.

BE IT FURTHER RESOLVED that after careful consideration of maps, facts, exhibits, correspondence, and testimony, and other evidence submitted in this matter, and, in consideration of the findings, the City Council hereby denies the appeal and approves Application No. PL22-0069, subject to the following conditions:

1. The project will be constructed substantially in conformance with the plans received by the City on June 8, 2022.

2. If the applicant constructs buildings or makes improvements in accordance with these approvals but fails to comply with any of the Conditions of Approval or limitations set forth in these Conditions of Approval and does not cure any such failure within a reasonable time after notice from the City of El Cerrito, then such failure shall be cause for non-issuance of a certificate of occupancy, revocation or modification of these approvals or any other remedies available to the City.

3. This use permit shall be valid for a period of 24 months, unless extended by the Planning Commission.

4. Any construction or other work shall conform to all applicable Zoning Ordinances, building and fire codes.

5. Fire protection and access for fire vehicles shall be provided as specified by the Fire Chief.

6. The site shall be completely cleared of all trash, debris, signs, sign supports, temporary structures, and electrical service within three days following the termination of the temporary use.

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

Agenda Packet Page 264 of 475
I CERTIFY that at a regular meeting on July 19, 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 July , 2022.
________________________
Holly M. Charléty, City Clerk
APPROVED:
________________________
Gabe Quinto, Mayor
Agenda Packet Page 265 of 475

KENSINGTON FIRE

PROTECTION DISTRICT

TEMPORARY FIRE STATION
on the job. This office must be notified of any variations from the must be reviewed by this office before proceeding with fabrication. dimensions and conditions shown by these drawings. Shop drawings Sheet No:

Scale:

Sheet Title:

No.

Contractors shall be responsible to verify all dimensions and conditions these drawings shall take precedence over scaled dimensions. subcontractors in connection with this project only. All dimensions on Material herein is for use by authorized contractors, bidders and same may not be duplicated, used without written or disclosed consent. property of and all rights are reserved by Kappe Architects. The All drawings and written material herein are the original and unpublished Revision
Project No.:

Issued Date:

Checked By:

Drawn By:

Date
FI
REN. 6-30-23 CA

STATE OF L
AI NRO

HI ED NS E IC
L
AR
RON H. KAPPE
C
TC TE
C-18457
Project:

APN:

Registration:
505-302-017
As indicated
GC
RK

05.18.22 T-1
TITLE SHEET END OF CRAFT AVENUE EL CERRITO, CA 94530

21.07 NOT FOR CONSTRUCTION

ZONING DATA

VICINITY MAP

KENSINGTON FIRE PROTECTION DISTRICT

GENERAL NOTES

1. DESIGNS REPRESENTED BY THESE DRAWINGS ARE THE PROPERTY OF THE ARCHITECT AND WERE DEVELOPED FOR USE ON THIS PROJECT ONLY. THESE DRAWINGS AND THE DESIGNS THEY REPRESENT SHALL NOT BE USED BY OR DISCLOSED TO ANY PERSON OR FIRM OUTSIDE THE SCOPE OF THIS PROJECT WITHOUT WRITTEN PERMISSION FROM KAPPE ARCHITECTS.

2. THE GENERAL CONDITIONS OF THE CONTRACT FOR THE CONSTRUCTION OF BUILDINGS, PUBLISHED BY THE AMERICAN INSTITUTE OF ARCHITECTS SHALL APPLY TO AND GOVERN THE WORK OF THIS CONTRACT. A COPY OF THE GENERAL CONDITIONS, ALTHOUGH NOT BOUND HEREIN, IS AVAILABLE FOR REVIEW AT THE OFFICE OF THE ARCHITECT. ALL WORK SHALL CONFORM TO THE CURRENT UNIFORM BUILDING CODE AND STANDARDS REFERENCED THEREIN.

3. CONTRACTORS SHALL VERIFY ALL DIMENSIONS AND CONDITIONS IN THE FIELD AND SHALL NOTIFY THE ARCHITECT PROMPTLY OF ANY VARIATIONS FROM DIMENSIONS AND CONDITIONS SHOWN. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS. CONSTRUCTION DETAILS NOT FULLY SHOWN OR NOTED SHALL BE SIMILAR TO DETAILS SHOWN FOR SIMILAR CONDITIONS.

4. DISCREPANCIES AND INCONSISTENCIES IN CONTRACT DOCUMENTS: IT SHALL BE THE CONTRACTOR'S SOLE RESPONSIBILITY TO

NOTIFY THE ARCHITECT IN WRITING, DURING THE BIDDING PERIOD, OF ANY INCONSISTENCIES OR OMISSIONS NOTED ON THE

DRAWINGS OR IN THE SPECIFICATIONS OR ANY VARIATIONS NEEDED IN ORDER TO CONFORM TO CODES, RULES AND REGULATIONS. UPON RECEIPT OF THIS INFORMATION, THE ARCHITECT WILL SEND WRITTEN INSTRUCTION TO ALL CONCERNED.

ANY SUCH DISCREPANCY, OMISSION, OR VARIATION NOT REPORTED SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. ANY CLAIMS FOR EXTRAS WILL NOT BE HONORED.

5. TESTING AND INSPECTIONS: THE CONTRACTOR SHALL ARRANGE AND PAY FOR ALL TESTING AND INSPECTIONS REQUIRED BY APPLICABLE BUILDING CODES, ORDINANCES OR DIRECTIVES OF GOVERNING BUILDING OFFICIALS. THE OWNER OR ARCHITECT MAY REQUIRE TESTING OF MATERIALS FOR CONFORMANCE WITH THE CONTRACT DOCUMENTS. THE OWNER SHALL PAY ALL COSTS FOR SUCH TESTING IF THE TESTS INDICATE CONFORMANCE. THE CONTRACTOR SHALL PAY COSTS WHEN THE TESTING INDICATES NON-CONFORMANCE.

6. PERMITS AND INSPECTIONS: THE OWNER SHALL PAY FOR PLAN CHECKING FEES AND BUILDING PERMITS. EACH CONTRACTOR SHALL SECURE AND PAY FOR PERMITS REQUIRED FOR THEIR WORK AND FOR ALL INSPECTIONS WHICH MAY ALSO BE REQUIRED.

7. SCOPE OF WORK: THE SCOPE OF WORK FOR EACH DIVISION SHALL INCLUDE ALL LABOR, MATERIALS, APPLIANCES, EQUIPMENT AND FACILITIES NECESSARY TO DO ALL OF THE WORK INDICATED IN THE DRAWINGS AND SPECIFICATIONS. THE CONTRACTOR

SHALL SUPPLY ALL LABOR, MATERIALS, EQUIPMENT AND SERVICES OF EVERY KIND, INCLUDING WATER AND POWER, NECESSARY FOR THE PROPER EXECUTION OF THE WORK SHOWN ON THE CONSTRUCTION DOCUMENTS.

8. ALL MATERIALS SHALL BE NEW AND UNUSED AND OF HIGH QUALITY IN EVERY RESPECT. ALL WORK TO BE DONE IN A PROFESSIONAL MANNER. MANUFACTURER'S MATERIAL, EQUIPMENT, ETC. SHALL BE INSTALLED PER MANUFACTURER'S RECOMMENDATIONS AND INSTRUCTIONS. ALL WORKERS AND SUBCONTRACTORS SHALL BE SKILLED IN THEIR TRADE.

9. MATERIALS AND WORKMANSHIP WARRANTY: THE CONTRACTOR SHALL REPLACE ANY DEFECTIVE MATERIALS AND CORRECT

POOR WORKMANSHIP WITH NO ADDITIONAL COST TO THE OWNER, AND SHALL REMEDY ANY DEFECTS IN MATERIAL OR WORKMANSHIP WHICH APPEAR IN ONE YEAR FROM THE DATE OF COMPLETION OF THE JOB. THIS WARRANTY APPLIES TO WORK DONE BY SUBCONTRACTORS AS WELL AS THE WORK DONE BY THE EMPLOYEES OF THE CONTRACTOR.

10. SHORING: IT SHALL BE THE CONTRACTOR'S SOLE RESPONSIBILITY TO DESIGN AND PROVIDE ADEQUATE SHORING, BRACING AND FORMWORK AS REQUIRED FOR THE PROTECTION OF LIFE AND PROPERTY DURING THE CONSTRUCTION OF THIS BUILDING.

11. BRACING: TEMPORARY BRACING SHALL BE PROVIDED AS REQUIRED TO HOLD ALL COMPONENTS OF THE STRUCTURE IN PLACE UNTIL FINAL SUPPORT IS SECURELY ANCHORED.

12. CONTRACTOR TO PROVIDE TAMPER RESISTANT RECEPTACLES FOR ALL NEW LOCATIONS PER CEC 210.52, ARC-FAULT PROTECTION FOR ALL NEW OUTLETS PER CEC 210.12 (B), AND GFCI PROTECTED OUTLETS FOR LOCATIONS PER 210.8 (A).

13. MECHANICAL AND PLUMBING WORK TO BE DONE BY A LICENSED CONTRACTOR ON A DESIGN/BUILD BASIS.

14. ALL PLUMBING FIXTURES WITHIN THE BUILDING THAT ARE NON-COMPLIANT SHALL BE UPGRADED WITH WATER CONSERVING PLUMBING FIXTURES. THIS INCLUDES: TOILETS THAT USE MORE THAN 1.6 GALLONS PER FLUSH, FAUCETS THAT EMIT MORE THAN

2.2 GALLONS OF WATER PER MINUTE, AND SHOWERHEADS THAT EMIT MORE THAN 2.5 GALLONS OF WATER PER MINUTE.

15. ALL REQUIRED ENGINEERING OR DRAWINGS FOR ELECTRICAL SYSTEMS TO BE PROVIDED BY LICENSED ENGINEERS OR BY CONTRACTOR. COORDINATE ALL WORK WITH ARCHITECT PRIOR TO THE START OF CONSTRUCTION.

16. CONTRACTOR SHALL PROVIDE WATER-RESISTANT GYPSUM WALL BOARD AT ALL WET LOCATION, INCLUDING BATHROOMS, SHOWER ROOMS AND KITCHENS. PROVIDE CEMENT BACKER BOARD AT ALL CERAMIC TILE SURFACES.

17. ALL CONSTRUCTION SHALL COMPLY WITH ALL CODES REFERENCED ON THE TITLE SHEET ALONG WITH ALL APPLICABLE SECTIONS OF THE SAN RAFAEL MUNICIPAL CODE .

18. ALL CONSTRUCTION SHALL COMPLY WITH OTHER APPLICABLE SECTIONS OF THE EL CERRITO MUNICIPAL CODE. SECTION R106.1

19. ALL NEW AND EXISTING STRUCTURES ABUTTING ON ANY PUBLIC OR PRIVATE STREET, AVENUE DRIVE, ROAD, PLACE OR LANE

WITHIN THE CITY SHALL BE GIVEN AND MARKED WITH AN OFFICIAL ADDRESS NUMBER, THE BUILDING OFFICIAL SHALL DECODE THE PROPER NUMBER TO BE ASSIGNED TO ANY STRUCTURE. ALL REQUESTS FOR NEW ADDRESSES OR CHANGE OF ADDRESS SHALL BE REVIEWS AND APPROVED BY THE BUILDING OFFICIAL. ADDRESS NUMBERS SHALL BE INSTALLED AS DESCRIBED IN CITY OF SAN RAFAEL STANDARD "PREMISES IDENTIFICATION" AS APPROVED FROM TIME TO TIME BY THE BUILDING OFFICIAL.

DATUM OR

REVISION

NORTH ARROW

NEW OR FINISH

CONTROL POINT

DOOR TYPE

DOOR TYPE
1 EXISTING CONTOUR

HARDWARE GROUP

WINDOW TYPE
EL CERRITO, CA 94530
DETAIL NO.

SHEET NO.

SECTION REFERENCE

DETAIL REFERENCE
1 P
2 L

INTERIOR ELEVATION

PROPERTY LINE

A WALL TYPE

KEY NOTE
FENCE

ABBREVIATIONS SYMBOLS
END OF CRAFT AVE.

NORTH
30 32
A
REF.

KITCH. OR K.

L.

LAM.

LAND'G.

LAV.

LIN.

LOC.

LT. WT.

MACH.

MAR.

MATL.

MAX.

M.B.

MECH.

MEM.

MEMB.

MEZZ.

MFCTR.

MIN.

MISC.

M.O.

M.S.

MULL.
(N)
N.

N.I.C.

NO.

N.T.S.

O/
OBSC.

O.C.

O.D.

OPEN.

PART.

P.B.

P.C.P.

PERP.

PKG.

PL
PLA.

PLAM.

PLAS.

PLN.

PLUMB.

PLY.

PR.

PROP.

PT
PT.

P.T.D.

R.

R.A.G.

R.C.P.

R.D.

RDWD.

REF.

RET.

R.O.

S & P
SGL.

SLT.

S.O.G.

ST. STL.

STOR.

STRUCT.

T & G
TEMP.

T.M.E.

T.O.

T.O.M.

T.O.W.

T.P.H.

TYP.

U.L.

U.O.N.

V.C.T.

VENT.

VEND. MACH.

VEST.

VERT.

V.G.

V.G.D.F.

W.

W/
WAINSCT.

W/C
WD.

WK.

W.O.

W/O
W.P.

W.REC.

W.S.P.

WT.

KITCHEN
LENGTH

LAMINATE

LANDING

LAVATORY
LINEN

LOCATION

LIGHT WEIGHT

MACHINE
MARBLE

MATERIAL

MAXIMUM

MACHINE BOLT

MECHANICAL
MEMBER

MEMBRANE

MEZZANINE

MANUFACTURER

MINIMUM

MISCELLANEOUS

MASONRY OPENING

METAL STRIP

MULLION
NEW
NORTH

NOT IN CONTRACT
NUMBER

NOT TO SCALE
OVER

OBSCURE

ON CENTER

OUTSIDE DIAMETER

OPENING

PARTITION

PANIC BAR

PRE-CAST CONCRETE PANEL

PERPENDICULAR

PACKAGE

PROPERTY LINE

PLASTIC

PLASTIC LAMINATE

PLASTER
PLAN

PLUMBING

PLYWOOD
PAIR

PROPERTY

PRESSURE TREATED
PAINT

PAPER TOWEL DISPENSER

RADIUS, RISER, REGISTER

RETURN AIR GRILL
REINFORCED CONC. PIPE

ROOF DRAIN

REDWOOD

REFERENCE

RETAINING

ROUGH OPENING

SHELF AND POLE
SINGLE
SLATE

SLAB ON GRADE

STAINLESS STEEL

STORAGE

STRUCTURE

TONGUE AND GROOVE

TEMPERED

TO MATCH EXISTING
TOP OF

TOP OF MASONRY

TOP OF WALL

TOILET PAPER HOLDER

TYPICAL

UNDERWRITER'S LABORATORY

UNLESS OTHERWISE NOTED

VINYL COMPOSITION TILE

VENTILATOR

VENDING MACHINE

VESTIBULE

VERTICAL

VERTICAL GRAIN

VERTICAL GRAIN DOUGLAS FIR
WEST
WITH

WAINSCOT

WATER CLOSET
WOOD
WORK

WINDOW OPENING

WITHOUT

WATERPROOF

WASTE RECEPTACLE

WET STAND PIPE
WEIGHT

ANCHOR BOLT
ABOVE

ASPHALTIC CONCRETE

ACOUSTICAL TILE

ADJUSTABLE

ABOVE FINISH FLOOR

ALTERNATE

ALUMINUM

ANODIZED

AUDIO VISUAL
BOARD

BEDROOM

BETWEEN

BUILDING
BLOCK

BLOCKING
BEAM
BOTTOM

BASEMENT

BEDROOM

BUILT-UP

CHANNEL

COLD AIR RETURN

CABINET

CALCULATIONS

CANTILEVERED

CATCH BASIN
CEMENT

CERAMIC TILE

CEILING
CLOSET
CLEAR

COMPOUND

CONCRETE MASONRY UNIT
COLUMN

COMPRESSED

CONCRETE

CONCRETE BLOCK

CONDITION

CONSTRUCTION

CONTINUOUS

CONTRACTOR
CORNER

CORRIDOR
CARPET

COUNTER SUNK
CUSTOM
DATUM
DOUBLE
DETAIL

DRINKING FOUNTAIN

DOUGLAS FIR

DIAMETER

DIMENSION(S)

DIVISION
DOWN
DOOR

DRAWING

DOWN SPOUT

DRY STAND PIPE
EAST
EACH

EXPANSION JOINT

ELECTRICAL

ELEVATION
EQUAL

EQUIPMENT

EXPANSION

EXPOSED

EXISTING

EXTERIOR

FLAT BAR

FLOOR DRAIN

FIRE EXTINGUISHER

FINISH FLOOR

FIXED GLASS

FIRE HOSE CABINET

FLAT HEAD MACHINE SCREWS

FLAT HEAD WOOD SCREWS
FINISH

FIXTURE

FLASHING
FLOOR

FOLDING

FOOTING

FACE OF BLOCK

FACE OF CONCRETE

FACE OF STUD OR STEEL
FEET

FURRING
GAUGE
GALLON

GALVANIZED

GENERAL CONTRACTOR

GENERAL

GALVANIZED IRON
GLASS

GLUE LAMINATED BEAM
GRADE
GROUND

GALVANIZED SHEET METAL

HANDICAPPED

HOLLOW CORE

HOLD DOWN

HARDWOOD

HARDWOOD BOARD

HOLLOW METAL

HORIZONTAL
HOUR

HOSE REEL CABINET
HEIGHT

HEATING

INCLUDING

INSIDE DIAMETER

IMPREGNATED

INSULATION

INVERSE OR INVERT

INTERIOR

JANITOR
JUNIOR
JOINT
A.B.

ABV.

A.C.

AC. T.

ADJ.

A.F.F.

ALT.

ALUM.

ANOD.

A.V.

BD.

BDRM.

BETW'N.

BLDG.

BLK.

BLK'G.

BM.

BOT.

BSMT.

BR.

B.U.

C.

C.A.R.

CAB.

CALCS.

CANT.

C.B.

CEM.

CER. TILE
CLG.

CLOS.

CLR.

CMPD.

CMU
COL.

COMPSD.

CONC.

CONC. BLK.

COND.

CONST.

CONT.

CONTR.

COR.

CORR.

CPT.

C.S.

CUST.

DAT.

DBL.

DET.

D.F.

DF
DIA.

DIM(S).

DIV.

DN.

DR.

DRWG.

D.S.

D.S.P.

E.

EA.

E.J.

ELECT.

ELEV.

EQ.

EQUIP.

EXPAN.

EXP.
(E)
EXT.

F.B.

F.D.

F.E.

F.F.

F.G.

F.H.C.

F.H.M.S.

F.H.W.S.

FIN.

FIXT.

FLASH.

FLR.

FOLD.

FTG.

F.O.B.

F.O.C.

F.O.S.

FT.

FURR.

GA.

GAL.

GALV.

G.C.

GEN.

G.I.

GL.

GLM. BM.

GRD.

GRND.

G.S.M.

H.C.

H.C.

H.D.

HDWD.

HRD. BD.

H.M.

HORIZ.

HR.

H.R.C.

HT.

HTG.

INCL.

I.D.

IMPREG.

INSUL.

INV.

INT.

JAN.

JR.

JT.

OWNER

ARCHITECT

ENGINEER

ENGINEER

ENGINEER

CONSTRUCTION

MANAGER

PROJECT DIRECTORY

KAPPE ARCHITECTS
801 D STREET
SAN RAFAEL, CA 94901
PH: (415) 457-7801
[email protected]

INDEX OF DRAWINGS

PROJECT DATA SUMMARY

PROPERTY

SUBJECT
RS-5

SCOPE OF WORK

CODE DATA
2018 California Building Code (CBC)
2018 California Residential Code (CRC)
2018 California Electrical Code (CEC)
2018 California Mechanical Code (CMC),
2018 California Plumbing Code,
2018 California Energy Efficiency
Standards Code (CEES),
2018 California Fire Code (CFC),
2018 California Green Building Standards
Code (CGBS or CALGreen)

TWO NEW TEMPORARY STRUCTURES WITH

ACCESSIBLE METAL WALKWAY TO HOUSE

KENSINGTON FIRE STATION OFFICE, DORMS, TWO

APPARATUS TRUCKS, AND ASSOCIATED
EQUIPMENT. CARPORT STRUCTURE IS 1,500 SQ.FT.
(30'x50'), OFFICE BUILDING IS A 1,440 SQ.FT. (24'X60')
MODULAR STRUCTURE. SITE FENCING,

ELECTRICAL AND PLUMBING CONNECTIONS,
TEMPORARY POLE, GRADING AS REQUIRED.

CONTOUR

BKF ENGINEERS

KEITH PALMER, PE
1646 N. CALIFORNIA BLVD, SUITE 400
WALNUT CREEK, CA 94596
PH: (925) 940 - 2232
[email protected]

LOW DENSITY

ZONING DISTRICT

GENERAL PLAN
=
= MAX. LOT COVERAGE = 50%
MAX HEIGHT = 25'-35' (BASE)
FIRE SEVERITY ZONE = VERY HIGH
FRONT SETBACK = 10 FT.

SIDE SETBACKS = 5 FT.

REAR SETBACK = 15 FT.

TITLE

ARCHITECTURAL
T1.0 TITLE SHEET
A1.0 SITE/ROOF PLAN
A2.0 TEMP STRUCTURE: FLOOR PLANS AND ELEVATIONS
A2.1 PROPOSED ROOF DRAINAGE PLAN

ROOF SLOPE
MACK5

MANIL BAJRACHARYA
1900 POWELL ST. SUITE 470

EMERYVILLE, CA
PH: (510) 595 - 3020
[email protected]

TEMPORARY FIRE STATION
30'-40' (W/ CUP)
HAZARD SOILS ZONE = HIGH LANDSLIDE RISK

KENSINGTON FIRE PROTECTION DISTRICT

BILL HANSELL
217 ARLINGTON AVE
KENSINGTON, CA 94707
PH: 415-378-9064
[email protected]

THE ENGINEERING ENTERPRISE
PAUL MILLER, P.E.
1305 MARINA VILLAGE PKWY.

ALAMEDA, CA 94501
PH: (510) 769 - 1522
[email protected]

LIST ENGINEERING COMPANY
RONALD M. BLUE, P.E.

SAN FRANCISCO, CA
PH: (415) 355 - 1962
[email protected] KENSINGTON FIRE PROTECTION DISTRICT TEMPORARY FIRE STATION Agenda Item No, 7.C.

Attachment 2
Agenda Packet Page 266 of 475
C
R
A
F
T
A
V
E.
scale 1" = 10'
100 10
feet
20 COPYRIGHT © BKF ENGINEERS 2021
5 KENSINGTON FIRE DEPARTMENT TEMPORARY FIRE STATION
APN 505-302-017
808 CRAFT AVENUE EL CERRITO, CA, 94530

BKF ENGINEERS
1646 N. CALIFORNIA BLVD.

SUITE 400
WALNUT CREEK, CA 94596
(925) 940-2200
www.bkf.com
P
220546_KTFS_01_EX1.dwg
lot May 20, 2022 at 9:08pm

EXISTING CONDITION PLAN
C1.0
1 Agenda Packet Page 267 of 475

W W W W

G G G G

E E E E

SS SS SS SS

UTILITY LINES LEGEND

FENCE LINE

WATER LINE

GAS LINE

ELECTRIC LINE

SEWAGE LINE
X X X

SITE PLAN - ABBREVIATIONS
C.I. CAST IRON

CO CLEANOUT

DI DRAIN INLET
PVC-80 SCHEDULE 80 PVC

SPEED BUMP TO BE REMOVED
8"ROCK WALL

TOP SLOPE
CONC.WALK

DRIVEWAY

DRIVEWAY DRIVEWAY

DRIVEWAY

ASPHALT ROAD ASPHALT CURB

ASPHALT CURB

ASPHALT CURB

ASPHALT CURB

ASPHALT CURB
8"CONCRETE WALL
SIGN
SIGN
DIRT
SLB

JP/C GUY
SL
SL 4"T
6"T
3"T
30"T
2-12"T
(E) DI
RIM=804.72
INV=802.02±
WV
ICV

50.58'
M&M
N57°34'58"E

POST SIGN
POST
POST DOOR 1 DOOR 2
(E) CAGED ENCLOSURE

FOR GAS CONNECTION
4" C.I. 6" C.I.

PROPOSED ANTENNA

LOCATION

SEWER LINE SHOWN
VERIFY w/ TEMP. STRUCT.

MANUF. PRIOR TO TRENCHING OR

CONNECTIONS TO LATERAL

HYDRANT
LOC.

TEMPORARY JOINT POLE
(ELECTRICAL & TELECOM) GEN. TRANSFER
SWITCH
(N) GATE
X X

X X X X
RIDGE
RIDGE
SLOPE = 2:12
SLOPE = 2:12
SLOPE = 2:12
SLOPE = 2:12
SLOPE = 1
4 SLOPE = ":1' 14
":1' PROPOSED LOCATION,

COORDINATE WITH UTILITY
43'-11" 62'
ENTRY
94'-2" 5'-9" 24' 59'-9"
4' 4' 60'-2"
X
X
(N) 3' GATE

ASPHALT CURB

ASPHALT CURB
4"T
WV

CARPORT

FOR FIRE

ENGINES
30'x50'
24'x60'

MODULAR

LIVING QUARTERS
5'

SPEED BUMP TO BE REMOVED

GENERATOR
6'x12'
ENTRY

PROPOSED TRACK AND
ROLLING GATE, +/-20' LONG
ROLLING TYPE, CHAIN LINK.

X
UP
DN
DECK
UP
EL: ~817.75 (F.F.) ENTRY ADA PARKING 12'x18' (1109A.8.6)

LOCATION
CRAFT AVE.

EL: ~815.00
EL: ~815.27 (BELOW)
EL: ~815.79
(CURB)
TYPE 1 ENGINE
10'-0"x35'
TYPE 3 ENGINE
10'-0"x30'

X (E) CONCRETE PAD
(E) ASPHALT

PARKING
SPACES

SEE CIVIL FOR NEW

DRAINAGE CHANNEL
EL:
~814.00
EL:
812.83
EL:
815.89
EL:
814.33
EL:
814.49
EL:
813.76
EL:
813.84
EL:
814.06
EL:
815.19
EL:
810.93
EL:
817.76
EL:
814.24
EL:
814.27
EL:
817.19
EL:
810.19
EL:
805.62 20' 20' RAMP 1:12
EL:
~814.30 ADA ACCESS 5'x18' (1109A.8.6) 27'-9" 14'-6" 1'
17' 4'
95'-9" 30'
50'

X X X X X
X
X
X
X
X
X
X
(N) 8' FENCE
(N) 8' FENCE
DNRAMP 1:12
DNRAMP 1:12
EL: ~816.50
EL: ~815.25
GENERAL NOTES:

WATER ON SITE TO BE PROVIDED VIA

CONNECTION TO AN ADJACENT EXISTING

WATER LINE ON SITE WITH INSTALLED

BACKFLOW PREVENTER

KENSINGTON FIRE

PROTECTION DISTRICT

TEMPORARY FIRE STATION
on the job. This office must be notified of any variations from the must be reviewed by this office before proceeding with fabrication. dimensions and conditions shown by these drawings. Shop drawings Sheet No:

Scale:

Sheet Title:

No.

Contractors shall be responsible to verify all dimensions and conditions these drawings shall take precedence over scaled dimensions. subcontractors in connection with this project only. All dimensions on Material herein is for use by authorized contractors, bidders and same may not be duplicated, used without written or disclosed consent. property of and all rights are reserved by Kappe Architects. The All drawings and written material herein are the original and unpublished Revision
Project No.:

Issued Date:

Checked By:

Drawn By:

Date
FI
REN. 6-30-23 CA

STATE OF L
AI NRO

HI ED NS E IC
L
AR
RON H. KAPPE
C
TC TE
C-18457
Project:

APN:

Registration:
505-302-017
As indicated
GC
RK

06.07.22 A1.0
SITE/ROOF PLAN END OF CRAFT AVENUE EL CERRITO, CA 94530

21.07 1 1/8" = 1'-0"

SITE PLAN KENSINGTON FIRE PROTECTION DISTRICT TEMPORARY FIRE STATION Agenda Packet Page 268 of 475
ENTRY
UP UP
DN
UP RAMP 1:12
DN RAMP 1:12 RAMP 1:12
DN
EL: ~814.00
EL: ~815.37 EL: ~815.27
EL: ~814.30

VARIES GROUND LEVEL ON SITE
827.58 TOP OF ROOF RIDGE
826.58 ELEVATION AT TOP OF EXTERIOR WALL
815.25 ELEVATION AT FIRST LANDING
817.77 ELEVATION AT FINISH FLOOR
EL: ~814.30
816.5 ELEVATION AT SECOND LANDING EL: ~815.27
EL: ~814.30
827.58 TOP OF ROOF RIDGE
826.58 ELEVATION AT TOP OF EXTERIOR WALL
814.42 ELEVATION AT FIRST LANDING
817.77 ELEVATION AT FINISH FLOOR
816.17 ELEVATION AT SECOND LANDING

KENSINGTON FIRE

PROTECTION DISTRICT

TEMPORARY FIRE STATION
on the job. This office must be notified of any variations from the must be reviewed by this office before proceeding with fabrication. dimensions and conditions shown by these drawings. Shop drawings Sheet No:

Scale:

Sheet Title:

No.

Contractors shall be responsible to verify all dimensions and conditions these drawings shall take precedence over scaled dimensions. subcontractors in connection with this project only. All dimensions on Material herein is for use by authorized contractors, bidders and same may not be duplicated, used without written or disclosed consent. property of and all rights are reserved by Kappe Architects. The All drawings and written material herein are the original and unpublished Revision
Project No.:

Issued Date:

Checked By:

Drawn By:

Date
FI
REN. 6-30-23 CA

STATE OF L
AI NRO

HI ED NS E IC
L
AR
RON H. KAPPE
C
TC TE
C-18457
Project:

APN:

Registration:
505-302-017
As indicated
GC
RK

06.07.22 A2.0

MODULAR

LIVING QUARTERS
FLOOR PLANS & ELEV.END OF CRAFT AVENUE EL CERRITO, CA 94530

21.07 KEY NOTES
1 BUILDING SKIRT TO COVER

STRUCTURAL PIERS (BEYOND)
2 DOOR NOT USED

GENERAL NOTES
3 HVAC UNIT
4 SHOWER

1. ALL APPLIANCES NOT INCLUDED AS

PART OF PREFAB

2. ACTUAL NUMBER OF STAIRS AND DECK

ELEVATION MAY VARY DEPENDING ON
SITE GRADING. VERIFY ON SITE.
1 3/16" = 1'-0"
FLOOR PLAN: MODULAR LIVING QUARTERS
2 1/8" = 1'-0"
EXTERIOR ELEVATIONS: MODULAR LIVING QUARTERS
3 1/8" = 1'-0"
EXTERIOR ELEVATIONS: MODULAR LIVING QUARTERS
B A
D C
1 1
1 1
2 3 3
2 3
3 4 4 KENSINGTON FIRE PROTECTION DISTRICT TEMPORARY FIRE STATION Agenda Packet Page 269 of 475
1500 SQ.FT.
30'x50'
TYPE 1 ENGINE
10'-0"x35'
TYPE 3 ENGINE
10'-0"x30'
+12'-0" ELEVATION AT TOP OF OVERHEAD DOORS
0'-0" - BASELINE GROUND LEVEL ON SITE
+17'-9" TOP OF ROOF RIDGE
+15'-3" ELEVATION AT TOP OF EXTERIOR WALL
4' 3'
6'-8"
3'
+12'-0" ELEVATION AT TOP OF OVERHEAD DOORS
0'-0" - BASELINE GROUND LEVEL ON SITE
+17'-9" TOP OF ROOF RIDGE
+15'-3" ELEVATION AT TOP OF EXTERIOR WALL

KENSINGTON FIRE

PROTECTION DISTRICT

TEMPORARY FIRE STATION
on the job. This office must be notified of any variations from the must be reviewed by this office before proceeding with fabrication. dimensions and conditions shown by these drawings. Shop drawings Sheet No:

Scale:

Sheet Title:

No.

Contractors shall be responsible to verify all dimensions and conditions these drawings shall take precedence over scaled dimensions. subcontractors in connection with this project only. All dimensions on Material herein is for use by authorized contractors, bidders and same may not be duplicated, used without written or disclosed consent. property of and all rights are reserved by Kappe Architects. The All drawings and written material herein are the original and unpublished Revision
Project No.:

Issued Date:

Checked By:

Drawn By:

Date
FI
REN. 6-30-23 CA

STATE OF L
AI NRO

HI ED NS E IC
L
AR
RON H. KAPPE
C
TC TE
C-18457
Project:

APN:

Registration:
505-302-017
As indicated
GC
RK

05.18.22 A2.1

CARPORT FOR

FIRE ENGINES

FLOOR PLANS &
ELEVATIONS END OF CRAFT AVENUE EL CERRITO, CA 94530

21.07 TRUE
1 3/16" = 1'-0"
FLOOR PLAN: CARPORT FOR FIRE ENGINES

NOT FOR CONSTRUCTION
2 1/8" = 1'-0"
EXTERIOR ELEVATIONS: CARPORT FOR FIRE ENGINES
3 1/8" = 1'-0"
EXTERIOR ELEVATIONS: CARPORT FOR FIRE ENGINES
B A
D C

KEY NOTES
1 SECURITY WINDOW
1 2 12'x12' OVERHEAD DOOR
2 2 KENSINGTON FIRE PROTECTION DISTRICT TEMPORARY FIRE STATION Agenda Packet Page 270 of 475
Community Development Department
Planning and Building Division
10890 San Pablo Avenue, El Cerrito, CA 94530
(510) 215-4330 | [email protected]

PLANNING COMMISSION USE PERMIT STAFF REPORT
June 15, 2022

KENSINGTON TEMPORARY FIRE STATION

DETAILS
Application Number: PL22-0069
Applicant: Kensington Fire Protection
District
Location: 814 Craft Avenue (Parking lot of
the Unitarian Universalist Church of
Berkeley)
APN: 505-302-017
Zoning: RS-5 (Single Family Residential)
General Plan: Low Density Residential
Request: Planning Commission
consideration of a Use Permit to allow a
temporary fire station for a period no
longer than 24 months.

CEQA: This project is categorically exempt
from the provisions of CEQA pursuant to
Section 15303 & 15304 of the CEQA
Guidelines, Class 3: New construction or
conversion of small structures and Class 4:

Minor Alterations to Land, and the general
rule in Section 15061(b)(3) of the CEQA
Guidelines.

EXECUTIVE SUMMARY
The Kensington Fire Protection District is embarking on a substantial renovation of the District’s existing Fire Station (Kensington Public Safety Building/Station 65). The District will need to vacate the building for approximately 18 months during the renovation. During this time, the District needs a temporary fire station in order to house their engines and equipment and to continue to provide fire protection and emergency response to Kensington. Due to the largely built-out nature of Kensington, the District was able to identify only one suitable site for the temporary station. The site is a portion of the parking lot of the Unitarian Universalist Church of Berkeley. The site lies within the City of El Cerrito, adjacent to Craft Avenue.

Agenda Item No. 7.C.

Attachment 3
Agenda Packet Page 271 of 475

Background
Site Location and Layout
The Kensington Fire Protection District is a special district created for the purpose of providing fire protection and emergency response services to the unincorporated community of Kensington, which is adjacent to the City of El Cerrito to the southeast. The District owns and manages a fire station (Kensington Public Safety Building/Station 65) at 217 Arlington Avenue in Kensington, which was built in 1971. The City of El Cerrito has provided Fire Department staffing for the fire station through a contract with the Kensington Fire Protection District since 1995.

The District has determined that the existing Public Safety Building is seismically unsound and in need of major renovation. Through a lengthy public process, the District has developed plan to renovate the existing building. This project will require that the District vacate the existing building for approximately 18 months during the renovation. In order to continue to provide emergency services to the Kensington Community during this time and to house the District’s two engines and other equipment, a temporary fire station is needed. Accordingly, the District conducted a search for a suitable site for a temporary fire station. Given the topography and the largely built-out nature of Kensington, only one suitable site was identified. The Kensington Fire Protection District has reached an agreement with the Unitarian Universalist Church of Berkeley to lease a portion of the church site for use as a temporary fire station.

Vicinity Map
Project Site
Unitarian
Universalist
Church Campus
Agenda Packet Page 272 of 475

Adjacent Designations and Land Uses
North: Single Family Residential (RS-5) Zoning and Low Density Residential General Plan designation.

Single family house.

South: Church campus, including preschool in unincorporated Kensington.

West: Single Family Residential (RS-5) Zoning and Low Density Residential General Plan designation.

Single family homes.

East: Single Family Residential (RS-5) Zoning and Low Density Residential General Plan designation.

Church parking lot.

Analysis
The Unitarian Universalist Church campus consists of a sanctuary and accessory buildings which are located in Kensington, adjacent to the El Cerrito city limits. In addition to church activities, a preschool (The Good Earth School) also operates on the church campus. Parking areas surround the sanctuary building to the north and west. These parking areas can be accessed from Lawson Road in Kensington or from Craft Avenue in El Cerrito. The site slopes upward from Craft Avenue toward the ridgeline near Kensington Road. The western parking area sits on two parcels which are within the El Cerrito city limits, along Craft Avenue. The proposed site of the temporary fire station is a mostly under-utilized parking area adjacent to Craft Avenue in the City of El Cerrito.

Craft Avenue is a short dead-end street located entirely in the City of El Cerrito. Craft Avenue is accessed from Terrace Drive. The access to the Unitarian Universalist Church is near the end of Craft Avenue on the northeast side of the street. The church access extends northeast and then turns southeast toward the sanctuary and Lawson Road. The first parking area off of Craft Avenue is a deadend parking bay, meaning is does not circulate to other parts of the parking lot. This parking bay is the proposed site of the temporary fire station.

The proposed temporary fire station would consist of a temporary modular building, containing office space, dormitory rooms and a kitchen; and a temporary garage to house the District’s two fire engines.

The site would be fenced for security and access would be provided via a large rolling gate across the front of the site. The station will typically be staffed by three (3) people, 24 hours per day. Parking for station staff and visitors will be located in the existing parking lot adjacent to the station to the northwest, outside of the security gate.

Staffing for the station would continue to be provided by the City of El Cerrito. The City of El Cerrito provides unified management of fire services in El Cerrito and Kensington and the temporary station would serve both communities, as emergency response needs dictate. Access to the station would be primarily from Craft Avenue. Craft Avenue would also be the primary emergency response route for the temporary station, but the Lawson Road access would also be used for a small number of calls, depending on the emergency response location. The District has conducted maneuverability tests on the site with their two engines to ensure that the engines can adequately access the proposed garage.

The District is proposing to remove two existing speed bumps near the entrance of the church parking lot to ensure adequate maneuverability for the engines.

Agenda Packet Page 273 of 475

Station 65 averages two (2) emergency calls daily. Siren use is kept to a minimum. Sirens are only used on emergency calls when necessary to alert other traffic. During extreme fire weather events (red flag days), traffic to/from the temporary station will increase due to regular patrols along the ridgeline. The engine companies also have daily work assignments, including fire prevention inspections, hydrant checks, and company training. These activities are mostly limited to either morning or afternoon. Each engine is equipped with several power tools such as a power unit to the Jaws of Life, a chainsaw, and a gas-powered blower. The tools are operated weekly to ensure reliability. However, no operation of tools or heavy equipment will occur before 9:00 a.m.

Chapter 19.35 of the El Cerrito Municipal Code establishes the procedures for permitting temporary uses. The Zoning Administrator may typically approve Temporary Use Permits. However, pursuant to Section 19.35.020(D), the Zoning Administrator may require an Administrative Use Permit for temporary uses which have the potential or impacts such as noise and traffic impacts. Pursuant to Section

19.34.030(C), the Zoning Administrator may require a Planning Commission hearing for projects that he/she “determines to have special neighborhood or community significance.” Given the unique nature of this application, the Zoning Administrator has decided to require a Planning Commission hearing.

Public Notice and Comment
The required public notice for the project was published in the East Bay Times and mailed to owners of property within 300 feet of the project site on or before May 25, 2022. Planning staff spoke with two nearby residents of the same household. These residents expressed concerns regarding potential traffic and noise that could be generated by the temporary station.

Environmental Review
This project is categorically exempt from the provisions of CEQA pursuant to Section 15303 & 15304 of the CEQA Guidelines, Class 3: New construction or conversion of small structures and Class 4: Minor Alterations to Land, and the general rule in Section 15061(b)(3) of the CEQA Guidelines.

Compliance with the General Plan
The Use Permit to allow a temporary fire station is consistent with the following policies of the El Cerrito General Plan:

CF1.1: Safety. Place the highest priority on ensuring the safety of existing community facilities, especially the Public Safety Building, Community Center, and neighborhood clubhouses, including seismic retrofits and necessary upgrades.

Although not located in the City of El Cerrito, the proposed temporary fire station will allow the Kensington Fire Protection District to renovate and seismically retrofit the District’s existing building, improving the safety of the building.

CF1.8 Joint Use: Seek opportunities for joint use of community facilities and shared maintenance and operation agreements with other service providers, including the West Contra Costa Unified School District and Contra Costa County.

The proposed project includes the temporary use of an under-utilized portion of the campus of the Unitarian Universalist Church of Berkeley.

PS2.7: Facility Review. Review at regular intervals all fire facilities in the community to ensure their adequacy in relation to such factors as fire hydrant capacity, peak load water requirements, fire access roads to wildland areas, and fire protection factors.

Agenda Packet Page 274 of 475

The proposed temporary fire station will allow the renovation and modernization of the existing Station 65, which is staffed by the City of El Cerrito/Kensington Fire Department. The renovation will enhance emergency response.

PS2.13 Joint Response Agreements. Maintain and improve the City’s ability to participate in existing joint response agreements that enhance its ability to respond to fire, EMS, or disaster needs.

The proposed project will allow the continuation of the City of El Cerrito’s existing agreement with the Kensington Fire Protection District while the existing station is renovated.

Required Findings
In order to approve the Temporary Use Permit to allow a temporary fire station, the Planning Commission must make the following findings, contained in Section 19.35.040 of the El Cerrito Zoning Ordinance:

A. The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the public health, safety and welfare.

The proposed temporary fire station will provide emergency response services to the surrounding community. The duration of the temporary station will be limited to a maximum of 24 months.

Operation of the temporary station will be typical of other fire stations. No tools or heavy equipment will be operated before 9:00 a.m. Siren use will be kept to a minimum. The temporary fire station will benefit public health, safety, and welfare.

B. The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use, and will not create a demand for additional parking that cannot be safely and efficiently accommodated.

The proposed project will not restrict pedestrian access to the church property. Adequate parking exists on the church site to accommodate the temporary fire station. During emergency calls, engines may need to temporarily interfere with vehicular traffic. This interference is necessary to provide emergency response and is typical of fire stations.

Staff Recommendation
Based on the information contained in this report, staff recommends approval of Planning Application PL22-0069, as conditioned by the draft resolution in Attachment 1.

Proposed Motion

1. Move adoption of Planning Commission Resolution PC 2022-10 approving a Use Permit to allow temporary fire station in the parking lot of the Unitarian Universalist Church of Berkeley on Craft Avenue.

Agenda Packet Page 275 of 475

Appeal Period
Within ten (10) calendar days after the date of the decision, the Planning Commission action may be appealed to the City Council.

Attachments

1. Draft resolution

2. Project plans
Agenda Packet Page 276 of 475
Planning Commission Resolution PC 2022-08
APPLICATION NO. PL22-0069

A RESOLUTION OF THE CITY OF EL CERRITO PLANNING COMMISSION APPROVING A USE PERMIT

FOR A TEMPORARY FIRE STATION LOCATED ON CRAFT AVENUE IN THE PARKING LOT OF THE

UNITARIAN UNIVERSALIST CHURCH OF BERKELEY
WHEREAS, the Kensington Fire Protection District has begun a project to renovate the District’s existing fire station (Kensington Public Safety Building/Station 65) located at 217 Arlington Avenue in Kensington; WHEREAS, the District will need to vacate the existing building during the renovation; WHEREAS, the renovation is expected to take approximately 18 months; WHEREAS, a temporary fire station is needed during this time to continue to provide fire protection and emergency response and to house the District’s engines and equipment; WHEREAS, the Kensington Fire Protection District has identified the parking lot of the Unitarian Universalist Church of Berkeley as a suitable site for a temporary fire station; WHEREAS, the proposed site is located along Craft Avenue in the City of El Cerrito; WHEREAS, the Assessor’s Parcel Number of the site is 505-302-017; WHEREAS, the General Plan land use classification of the site is Low Density Residential; WHEREAS, the zoning district of the site is Single Family Residential (RS-5); WHEREAS, on May 6, 2022, the applicant submitted a use permit; WHEREAS, on June 15, 2022, the Planning Commission, after due consideration of all evidence and reports offered for review, does find and determine the following:

1. The proposed temporary fire station will provide emergency response services to the surrounding community. The duration of the temporary station will be limited to a maximum of 24 months.

Operation of the temporary station will be typical of other fire stations. No tools or heavy equipment will be operated before 9:00 a.m. or after 6:00 p.m. Siren use will be kept to a minimum. The temporary fire station will benefit public health, safety, and welfare.

2. The proposed project will not restrict pedestrian access to the church property. Adequate parking exists on the church site to accommodate the temporary fire station. During emergency calls, engines may need to temporarily interfere with vehicular traffic. This interference is necessary to provide emergency response and is typical of fire stations.

NOW, THEREFORE, BE IT RESOLVED, that after careful consideration of maps, facts, exhibits, correspondence, and testimony, and other evidence submitted in this matter, and, in consideration of the findings, the El Cerrito Planning Commission hereby approves Application No. PL22-0067, subject to the following conditions:

Agenda Item No. 7.C.

Attachment 4
Agenda Packet Page 277 of 475
Agenda Packet Page 278 of 475

AGENDA BILL
Agenda Item No. 8.A.

Date: July 19, 2022
To: El Cerrito City Council
From: Alexandra Orologas, Assistant City Manager, City Management Subject: Adoption of a Memorandum of Understanding between the City of El Cerrito and the El Cerrito Public Safety Management Association - Fire Chief Unit

ACTION PROPOSED
Adopt a resolution approving an agreement between the City of El Cerrito and the El Cerrito Public Safety Management Association - Fire Chief Unit (PSMA- Fire Chief Unit) modifying language on salaries and benefits and creating a new Memorandum of Understanding.

On April 30, 2022, former Fire Chief Michael Pigoni retired after 27 years of service to the City of El Cerrito. In anticipation of this retirement, the City Manager engaged the executive recruitment services of Peckham & McKenney, a local government executive recruiter. Peckham & McKenney led a nationwide search and ultimately, the selection process yielded Chief Eric Saylors as the selected finalist by City Manager Karen Pinkos. Chief Saylors currently serves as an Assistant Fire Chief for the City of Sacramento Fire Department, a Department that he has served since 1998 in the roles of Battalion Chief, Captain, Engineer and Firefighter/Paramedic. He began his fire service career for the City of Galt Fire Department as a Resident Firefighter in 1995.

Chief Saylors is currently in process in working on a Doctorate in Leadership and Organizational Change from the University of Southern California. He holds a Masters in Security Studies from the Naval Post Graduate School, as well as a Bachelors in Business Management from California State University, Sacramento.

Although the City Manager has the authority to permanently appoint Department Heads, the Fire Chief is represented by the El Cerrito Public Safety Management Association - Fire Chief Unit (PSMA - Fire Chief Unit) which is a recognized bargaining unit. City Council approval is required to enter into a new memorandum of understanding (MOU) with any of the City's recognized bargaining units.

The City entered into negotiations with Chief Saylors using the previous PSMA - Fire Chief Unit MOU as a baseline. The previous MOU was most recently amended in July 2021 to include a cost of living adjustment and a 14% contribution into PERS.

The following is a summary of the agreement with the PSMA - Fire Chief Unit, which are changes from the previous MOU (Tenative Agreement is Exhibit A to Resolution):

The agreement will be effective from August 8, 2022 (tentative start date) through June 30, 2025.

Agenda Packet Page 279 of 475
Agenda Item No. 8.A.
 Monthly base salary will be set at $19,222.00 monthly.  Effective the first full pay period in July 2023, the City shall increase the salary for the Fire Chief by the April to April San Francisco Area Consumer Price Index (CPI). This salary increase will be no less than 2.0% and no more than 4.0%.  Effective the first full pay period in July 2024, the City shall increase the salary for the Fire Chief by the April to April San Francisco Area Consumer Price Index (CPI). This salary increase will be no less than 2.0% and no more than 4.0%.  Effective the first full pay period after start date, the Fire Chief shall shall receive a differential of five and one-half percent (5.5%) of base pay in recognition of completion of the requirements to obtain a Master’s Degree.  Per City Council direction on May 3, 2022, Juneteenth National Independence Day (Juneteenth) was added to the list of recognized City Holidays for pay purposes.

Exhibit B to the Resolution is the proposed MOU that incorporates the items above as noted in the Tentative Agreement (Exhibit A).

STRATEGIC PLAN CONSIDERATIONS
Adopting the Resolution for the PSMA - Fire Chief Unit fulfills Goal A, Deliver Exemplary Government Services, including the strategies of “Recruiting and retaining a talented and effective workforce” and “Maintain emphasis on providing excellent customer service”; and, Goal B, "Achieve long-term financial sustainability."

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

FINANCIAL CONSIDERATIONS
Beginning in August 2022, the total annual cost increase associated with the monthly salary and the 5.5% educational incentive (compared to the previous MOU and last fiscal year) is $17,173.00. This cost increase will be absorbed within the FY 2022-23 Adopted Budget and will be included in the FY 2023-24 proposed budget.

LEGAL CONSIDERATIONS
The City Attorney has reviewed the proposed action and found that legal considerations have been addressed.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

Agenda Packet Page 280 of 475
Agenda Item No. 8.A.

1. Resolution

2. Exhibit A to Resolution

3. Exhibit B to Resolution
Agenda Packet Page 281 of 475
RESOLUTION 2022-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO TO

APPROVING AN AGREEMENT BETWEEN THE CITY OF EL CERRITO AND THE EL CERRITO PUBLIC SAFETY MANAGEMENT ASSOCIATION – FIRE CHIEF UNIT (PSMA – FIRE CHIEF UNIT) MODIFYING LANGUAGE ON SALARIES AND BENEFITS

AND A CREATING NEW MEMORANDUM OF UNDERSTANDING
WHEREAS, the Meyers-Milias-Brown Act allows employee units within the City to represent themselves on matters concerning salaries, hours and working conditions; and WHEREAS, the Employer-Employee Relations Ordinance of the City of El Cerrito provides the methods and procedures for meeting and conferring in good faith; and WHEREAS, the City has recognized four bargaining units within the Public Safety Management Association as follows: Police Management, Police Chief, Battalion Chief, and Fire Chief.

WHEREAS, representatives of the City of El Cerrito and the El Cerrito Public Safety Association – Fire Chief Unit have met and conferred in good faith; and WHEREAS, the City of El Cerrito and the El Cerrito Public Safety Association – Fire Chief Unit representatives have reached agreement regarding matters within the scope of representation, including wages, hours and other terms and conditions of employment; and
WHEREAS, upon approval of this agreement, the parties will finalize an updated MOU which incorporates all previous side letters between the City and El Cerrito Public Safety Association – Fire Chief Unit; and
NOW, THEREFORE, BE IT RESOLVED, that the El Cerrito City Council hereby adopts the Agreement, attached hereto and incorporated by reference as Exhibits A and B, between the City of El Cerrito and the El Cerrito Public Safety Association – Fire Chief Unit, modifying salaries; directs the parties to finalize an updated Memorandum of Understanding (MOU); and directs the City Manager to execute the agreement.

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

I CERTIFY that at a regular meeting on July 19, 2022 the City Council of the City of El Cerrito passed this Resolution by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Agenda Packet Page 282 of 475
IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on July , 2022.
________________________
Holly M. Charléty, City Clerk
APPROVED:
________________________
Gabe Quinto, Mayor
Agenda Packet Page 283 of 475
Tentative Agreement
Between
City of El Cerrito
And
Public Safety Management Association - Fire Chief Unit

2.1 Salary
July 7, 2022
.&_Consistent with the el Cerrito City CmJRcil Memorandum of Understanding with the Public Safety Management Association - Battalion Chief UnitResolutioR fur MaRagemeRt am:t CoRfideRtial employees, a salary range of 25% above and below the control point of $19,122 monthly shall be created within which the City Manager may approve salary adjustments of up to 10% per calendar year.

B. Effective Monday, August 81 2022 (tentative start date}, the Fire Chief will receive a monthly base salary of $19,122 monthly.

C. Effective the first full pay period in July 2023, the City shall increase the salary for the Fire Chief by the April to April San Francisco Area Consumer Price Index (CPI).

This salary increase will be no less than 2.0% and no more than 4.0%.

D. Effective the first full pay period in July 2024, the City shall increase the salary for the Fire Chief by the April to April San Francisco Area Consumer Price Index (CPI).

This salary increase will be no less than 2.0% and no more than 4.0%.

3.1 Holidays
The following holidays are recognized as municipal holidays for pay purposes:

New Year's Day
Dr. M.L. King Jr. Birthday
(3rd Monday in January)
President's Day
(3rd Monday in February)
Memorial Day
Juneteenth (June 19)
Independence Day (July 4)

8.X Education Incentive Program
Labor Day
Veteran's Day
___ Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day
Christmas Day
Yi Day New Year's Eve
Effective the first full pay period after start date, the Fire Chief shall receive a differential of five and one-half percent (5.5%) of base pay in recognition of completion of the requirements to obtain a master's degree.

Agenda Packet Page 284 of 475
Agenda Packet Page 285 of 475
1 MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF EL CERRITO
AND

THE EL CERRITO PUBLIC SAFETY MANAGEMENT ASSOCIATION

FIRE CHIEF
August 8, 2022December 31, 2018 through JuneDecember 301, 20253 Agenda Packet Page 286 of 475
2 MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF EL CERRITO AND
PUBLIC SAFETY MANAGEMENT ASSOCIATION – FIRE CHIEF
This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Section 3500 et seq). The parties to this Memorandum of Understanding are the City of El Cerrito, State of California, which hereinafter shall be referred to as “City,” and the El Cerrito Public Safety Management Association – Fire Chief, which hereinafter shall be referred to as “Association – Fire Chief.” The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employee represented by the Association – Fire Chief and have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment, conditions and employee relations of such employee.

This Memorandum of Understanding shall be presented to the City Council as a joint recommendation of the undersigned for salary, fringe benefits, and other working conditions for the period beginning December August 831, 202218 and shall be in full force and effect at such date as herein prescribed, upon ratification by both the City Council and affected member of the Public Safety Management Association – Fire Chief. Unless sooner terminated, as provided in this Memorandum of Understanding, the terms and conditions of this agreement shall remain in force until adoption of a successor agreement. Any other term of this Memorandum of Understanding notwithstanding, either party may terminate this Memorandum of Understanding effective on or after JuneDecember 301, 20253, with 30 days minimum written notice.

It is expressly understood and agreed to by the parties that this Memorandum of Understanding will automatically terminate and be of no further legal force or effect if Eric SaylorsMichael Pigoni ceases to be the Fire Chief for the City of El Cerrito.

City of El Cerrito Public Safety Management Association - Fire Chief
______________________________ ______________________________ Karen Pinkos, City Manager Eric SaylorsMichael Pigoni, Fire Chief Date: _________________________ Date: _________________________ ______________________________ ______________________________ Alexandra Orologas, Assistant City ManagerKristen Cunningham, Jose Castrejon, Association RepresentativeStephen Bonini Human Resources Manager Association Representative
Date: _________________________ Date: _________________________ Agenda Packet Page 287 of 475
3 Agenda Packet Page 288 of 475
4 MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF EL CERRITO
AND
PUBLIC SAFETY MANAGEMENT ASSOCIATION – FIRE CHIEF
This Agreement is entered into by and between the City of El Cerrito, hereinafter referred to as the “City,” and the El Cerrito Public Safety Management Association – Fire Chief Michael PigoniEric Saylors, hereinafter referred as the “Fire Chief.” This Agreement establishes the salaries, benefits, and conditions of employment for the City’s public safety management employee – Fire Chief Eric SaylorsMichael Pigoni as follows:

CHAPTER 1

MANAGEMENT EMPLOYEE

1.1 Subject to the provisions of this agreement, The Fire Chief is an at-will employee who serves at the discretion of the City Manager. Pursuant to Section 3.10.020 of the El Cerrito Municipal Code, the Fire Chief is not entitled to any of the rights or protections of the City’s civil service system. In the event that the Fire Chief is removed from his position as Fire Chief, he may, at his discretion, return to his prior position as Battalion Chief in the El Cerrito Fire Department, as permitted under El Cerrito Municipal Code § 3.10.090 and any related rules or regulations. Should the Fire Chief return to his prior position as Battalion Chief, he shall be credited with all service time with the City of El Cerrito and not suffer a loss of seniority and enjoy all benefits and compensation of a Battalion Chief. Reversionary rights will not apply in the case of termination based upon an independent finding of misconduct, made by the Civil Service Commission or a mutually agreed hearing officer.

The Fire Chief shall be entitled to those rights contained in the Firefighters Procedural Bill of Rights Act, and specifically to those rights contained in Government Code Section 3254(c). However, such rights shall not be deemed to create a property interest in the job of Fire Chief or to make the job of Fire Chief other than an at-will position within the City.

1.2 Management employee is, for purposes of this section, the individual actively involved in the following classification: Fire Chief.

CHAPTER 2

SALARIES AND BENEFITS

2.1 Salary
A. Consistent with the Memorandum of Understanding El Cerrito City Council Resolution for the Public Safety Management Association – Battalion Chief Unit Management and Confidential Employees, a salary range of 25% above and below the control point of $197,122713 shall be created within which the City Manager may approve salary adjustments of up to 10% per calendar year.

Agenda Packet Page 289 of 475
5 B. Effective December August 831, 202218, the Fire Chief will receive a monthly salary of $197,122713.

C. Effective the first full pay period in July 202319, the City will increase the salary for the Fire Chief by the April to April San Francisco Area Consumer Price Index (CPI). This salary increase will be no less than 2.0% and no more than 4.0%.

D. Effective July 2020, the City shall survey similar cities as those surveyed by the El Cerrito Firefighters Association and establish a new control point for the Fire Chief classification.

E.D. Effective the first full pay period in July 20241 and July 2022, the City will increase the salary for the Fire Chief by the April to April San Francisco Area Consumer Price Index (CPI). This salary increase will be no less than 2.0% and no more than 4.0%.

2.2 Uniform Allowance
The uniform allowance for the Fire Chief is $725 per fiscal year. Uniform allowance shall be paid on the first payroll date in December, covering the fiscal year beginning the prior July. Such payment shall be by check, separate from the normal payroll check.

2.3 Auto Allowance
The City will supply an automobile to the Fire Chief who, in the opinion of the City Manager, requires a City vehicle as an integral part of their work. Alternately, the City will provide a cash allowance of up to $350 per month in lieu of use of a City automobile.

2.4 Pension Plan Benefits and Reimbursement
 The City’s contract with the California Public Employees Retirement System (CalPERS) provides the Fire Chief with the 3% at Age 50 CalPERS plan. This plan includes the CalPERS single highest year option, service credit for unused sick leave, Pre-Retirement Optional Settlement 2 Death Benefit, 1959 Survivor Benefit Fourth Level, and Retired Death Benefit.

 The 3% at age 50 CalPERS Plan has a 9.0% employee contribution. The Fire Chief shall make an additional 53.0% contribution to CalPERS for a total employee contribution of 142.0%.


2.5 Flexible Benefits Plan
The City has a Flexible Benefits Plan which is consistent with Section 125 of the Internal Revenue Code. The plan is known as “Citiflex.” For the duration of this agreement, the plan provides the following:

Agenda Packet Page 290 of 475
6 A. With the exception of the employee who chooses the “no medical plan” option, the City will contribute an amount equivalent to the lowest cost (currently Kaiser) medical plan rate according to dependent status regardless of which medical plan is chosen. “According to dependent status” means that if an employee is single the employee shall receive the equivalent to the lowest cost (currently Kaiser) single premium in employee’s flexible spending account. If the employee and a dependent are enrolled in a City medical plan, the employee shall receive the equivalent to the lowest cost (currently Kaiser) two-party premium in employee’s flexible spending account. If the employee and more than one dependent are enrolled in a City medical plan, the employee shall receive the equivalent to the lowest cost (currently Kaiser) family premium in employee’s flexible spending account.

B. The employee may select one of the following medical plans within their individual Flexible Benefits Plan:
 HMO Kaiser (S)
 Alternative HMO
C. In the event that the employee selects a medical plan which exceeds the City’s premium contribution, the employee is responsible to pay the difference through payroll deduction.

D. In the event that the employee has alternate comprehensive group medical coverage through a spouse’s medical plan or some other group medical plan, the employee may select a “no medical plan” option. (Proof of alternate coverage is required.) In this event, the City shall contribute the equivalent to the single Kaiser medical premium to their Flexible Benefit Plan and the employee may receive this amount in cash, in which case the amount is treated as taxable income, or the employee may reallocate it toward the purchase of other benefits in the Plan, or a combination of both.

E. The employee may contribute salary up to the IRS limits on a pretax basis in order to purchase the following benefits:
 Medical Premiums, Co-Payments, and Deductibles
 Dental Premiums, Co-Payments, and Deductibles
 Un-reimbursed Medical & Dental Expenses
 Dependent Care
Rules governing the allocation and distribution of such funds shall conform to applicable sections of State and Federal tax codes and the City of El Cerrito’s Flexible Benefits Plan.

F. The health benefit programs recognize the participation of domestic partners of the eligible employee. Please refer to the City’s Citiflex document for details.

G. During the term of the contract, the City may establish a City-wide task force for the purpose of exploring alternate health plans, including PERS Health, for both active Agenda Packet Page 291 of 475
7 and retired employees. The City or Fire Chief agrees to reopen negotiations for the sole purpose of implementing alternative medical coverage.

2.6 Dental Plan
Through the duration of this agreement the City will pay the full cost of employee plus dependent coverage under the Delta Dental Plan.

2.7 Retirement Health Plan
A. Retirees, survivors of retirees and survivors of deceased employees, unless prohibited by the carrier, will be permitted to maintain the current level of health plan benefits available to employees. Retirees, survivors of retirees and survivors of deceased employees may maintain such health plan benefits at their discretion and with no cost to the City.

B. Post-Employment Health Plan Retiree Medical:

The City shall contribute $300 per month for the member’s Post employment Health Plan account.

2.8 Life Insurance
The City will provide a term life insurance policy for the Fire Chief. The principal sum shall be equal to the annual salary rounded to the nearest $1,000 (up to a maximum of $100,000).

2.9 Long-term Disability Insurance
The City shall provide the Fire Chief with long-term disability insurance with coverage of two-thirds salary up to the maximum set by the Municipal Pooling Authority and a sixty-day elimination period. Like regular wages, this benefit is taxable.

2.10 Benefit Status
A. The salary and benefits contained within this Memorandum of Understanding are granted only to the Fire Chief if he is in a current pay status. The City shall incur no cost, nor shall benefits accrue for retirees, survivors, or employees in a non-pay status, unless the employee is granted medical leave of absence or military leave of absence.

B. In the event the Fire Chief is in a non-pay status because of a disputed workers’ compensation claim, benefits under this article shall be continued upon written agreement of the affected employee to repay to the City the amount of any premiums paid by the City during the non-pay status period if the employee's claim is denied by the Workers Compensation Appeals Board or withdrawn by the employee prior to a decision by the Board.

2.11 California Fire Service and Rescue Emergency Mutual Aid Consistent with the El Cerrito City Council Resolution 2015-28 for portal to portal overtime reimbursement for all personnel assigned to emergency incidents through the California Agenda Packet Page 292 of 475
8 Fire Assistance Agreement, the Fire Chief will be compensated portal to portal while in the course of their employment and away from their official duties and assigned to an emergency, in support of emergency incidents or prepositioned for emergency incidents.

The City will compensate the Fire Chief for any time worked outside of their regular eight (8) hour day. This compensation will be at the overtime rate of time and one-half (1-1/2).

CHAPTER 3

HOLIDAYS

3.1 Holidays
The following holidays are recognized as municipal holidays for pay purposes:

New Year's Day Labor Day
Dr. M.L. King Jr. Birthday Veteran’s Day
(3rd Monday in January) Thanksgiving Day
President’s Day Day after Thanksgiving
(3rd Monday in February) Christmas Eve Day
Memorial Day Christmas Day
Juneteenth (June 19) ½ Day New Year’s Eve
Independence Day (July 4)
In the event that any of the aforementioned days falls on a Sunday, the following Monday shall be considered a holiday for pay purposes. In the event that any of the aforementioned days fall on a Saturday, the preceding Friday shall be considered a holiday for pay purposes. The afternoon of New Year’s Eve, commencing at 12 noon, shall be considered a holiday for pay purposes. In the event New Year’s Eve falls on a Sunday or a Monday, the preceding Friday afternoon shall be considered a holiday for pay purposes. The City Manager may make changes in the above schedule in accordance with the needs of the City.

3.2 Birthday and Floating Holidays
In addition to the recognized municipal holidays, the Fire Chief shall receive annually three (3) floating holidays, subject to the same requirements for scheduling vacation.

Floating holidays must be taken during the fiscal year they are received and may not be carried over and accumulated.

The Fire Chief is allowed an additional holiday on the birthday or another day at the convenience of the City.

3.3 Compensation for Municipal Holidays
A. If the Fire Chief is on leave-of-absence without pay, he shall not receive any compensation for holidays occurring during such leave.

B. The Fire Chief must be in a pay status on the workday preceding a holiday to be eligible to be compensated for the holiday.

Agenda Packet Page 293 of 475
2 CHAPTER 4
SICK LEAVE, WORKERS’ COMPENSATION, FAMILY SICK LEAVE,

AND OTHER LEAVES

4.1 Accrual of Sick Leave – Rate
Sick leave shall accrue at the rate of 11 hours and 25 minutes per calendar month worked, provided he has worked or been authorized leave with pay for at least ten working days in the month.

4.2 Sick Leave - Maximum Accrual
The maximum accumulation of sick leave is unlimited.

4.3 Activity During Sick Leave
No employee who is absent from work on sick leave shall engage in any work or other activity that would interfere with the employee’s ability to return to work to perform regular duties.

4.4 Sick Leave Retirement Benefit
Upon retirement from City service, the Fire Chief shall be entitled to compensation for one-fourth of the accumulated sick leave on the books at the time of such retirement, with a maximum payment equivalent to 200 hours pay, at the employee’s option. Actual sick leave remaining on the books will be reported to PERS in accordance with PERS regulations governing the sick leave credit contract option. In no case will unearned sick leave be reported for the purpose of increasing the member’s retirement as prohibited by PERS.

The date of disability retirement for the employee may be established or determined to be effective prior to the expiration of sick leave benefits.

4.5 On-the-Job Injury
The Fire Chief is eligible for benefits (salary continuance) for time off work due to on-thejob injuries as specified in Labor Code Section 4850.

4.6 Unused Sick Leave Upon Death
The value of accrued sick leave shall be paid (based upon the current hourly rate) to the surviving spouse or designated beneficiary upon the death of the Fire Chief.

4.7 Family Sick Leave
Under Labor Code Section 233, employees may utilize accrued sick leave to care for an ill or injured child, spouse or parent. The City has extended this provision to include domestic partners and their dependent children. There is no requirement that the illness or injury reach the level of seriousness provided for under the Family and Medical Leave Acts. However, if the illness or injury qualifies under the Family and Medical Leave Act, Agenda Packet Page 294 of 475
10 it also satisfies the “family sick leave” criteria. The maximum “family sick leave” allowed each calendar year that is subject to this provision is one-half (1/2) of the employee’s annual accrual of sick leave. Additional family sick leave may be taken subject to departmental regulations and approval of the City Manager.

4.8 Bereavement Leave
The Fire Chief is entitled to time off with pay when there is a death or anticipated death in the immediate family. Bereavement leave shall not exceed five (5) consecutive days when death is anticipated. Bereavement leave after death shall not exceed that period of time between death and the day of the funeral, providing the funeral is held within five days following death. Additional time may be granted and charged as sick leave when, in the opinion of the City Manager, unusual circumstances identify the need for additional time off.

Immediate family is defined as spouse, domestic partner, child, parent, parent-inlaw, sister, brother, sister-in-law, brother-in-law, grandparent, spouse's grandparent, grandchild, son-in-law, daughter-in-law, or any other relative of the employee or employee's spouse residing in the same household, or who has resided with the employee in the same household for three or more years. In cases where death has occurred involving someone other than the immediate family, the City Manager shall make the decision as to qualification for bereavement leave.

4.9 Administrative Leave
The Fire Chief shall receive administrative leave in recognition of extraordinary working hours and conditions. The City Manager will annually approve the number of leave hours by the individual employee based on the amount of overtime performed and the quality of work produced. The annual amount of time assigned shall not exceed eighty (80) hours. Unused administrative leave cannot be carried over from year to year or cashed out at year-end or upon separation.

4.10 Family and Medical Leave
Pursuant to State and Federal law, the City will provide family and medical care leave for eligible employees. The City Family Care and Medical Leave policy sets forth employees’ rights and obligations with respect to such leave. Rights and obligations which may not be specifically set forth in the City's policy are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 ("FMLA") and the regulations of the California State Pregnancy Disability Act and the California Fair Employment and Housing Commission implementing the California Family Rights Act ("CFRA") (Government Code Section 12945.2). Unless otherwise provided by the City's policy or this Memorandum of Understanding, "Leave" under this article shall mean leave pursuant to the FMLA.

Agenda Packet Page 295 of 475
11 CHAPTER 5

VACATION

5.1 Eligibility
The Fire Chief shall be eligible to take a paid vacation, unless otherwise provided by the City Manager.

5.2 Scheduling
The scheduling of annual vacation leave and the amount to be taken at any one time shall be determined by the Fire Chief, subject to City Manager approval, in accordance with departmental regulations and with regard for the needs of the City and the preference of the employee.

5.3 Vacation at Termination
The Fire Chief, who leaves the municipal service with accrued vacation leave, shall be paid the amount of accrued vacation to the date of termination. Payment for accrued vacation shall be at the Fire Chief’s current rate of pay.

5.4 Effect of Extended Military Leave
A Fire Chief who interrupts his/her City service because of extended military leave shall be compensated for accrued vacation at the time the leave becomes effective.

5.5 Sick Leave During Vacation
Vacation leave may be converted to sick leave subject to the review and approval of the City Manager, if the Fire Chief is injured or sick during the vacation for a period in excess of 24 hours.

5.6 Vacation Cap and Implementation
A. Vacation Cap
The vacation cap shall be two (2) times the employee’s annual vacation accrual rate. Thereafter, at any time an employee reaches the maximum accrual, the employee will cease accruing vacation hours until such time as the balance falls below the cap. No employee will be allowed to accrue vacation hours above the cap, unless an employee has a worked related injury and is on 4850.

B. Implementation
Vacation hours in excess of two (2) times the annual accrual rate, the excess hours will be placed in a separate vacation bank.

5.7 Separate Vacation Bank
Any accrued vacation in excess of two (2) times the annual vacation accrual rate will be placed in a separate Vacation Bank. This will be a single, one time process.

Employee shall be entitled to use or sell the hours in the Bank for vacation in the same manner as regular vacation hours. The hours shall be paid out at the employee’s current rate of pay.

Agenda Packet Page 296 of 475
12 5.8 Vacation Cash-Out
Employees may annually cash-out up to 16 days (128 hours) of vacation provided that they have taken a minimum of 16 vacation days (or administrative leave for management employees) in the previous fiscal year and maintain a vacation balance of 40.0 hours at the time of vacation cash out. Employees may elect to cash-out a maximum of two (2) times annually and each cash-out request must be a minimum of 8 days (64 hours). Employees must reduce their separate vacation bank first when cashing out vacation. All requests must be in writing to the Human Resources Manager for initial review with final approval by the City Manager.

If an employee wants to request an irrevocable vacation cash-out, they must provide written notice to the Human Resources Manager, or designee, no later than July 1 of the fiscal year before the fiscal year in which the employee wishes to cash-out vacation leave. The amount requested cannot exceed the amount stated above. An employee can cash-out during the months of May and December. The notice shall indicate how many vacation leave hours the employee wishes to cash-out the following year.

5.9 Accrual
Unless otherwise provided by the City Manager, vacation leave will be accrued from the first day of employment when a Fire Chief is in a pay status and will be credited on a monthly basis. Municipal holidays shall not be counted during vacation. The schedule is on the next page.

Agenda Packet Page 297 of 475
13 Vacation Benefit
Hrs. Earned/Year
Service (40-hour week)
Accrue during 1st year 88
2 96
3 96
4 104
5 112
6 120
7 120
8 128
9 128
10 136
11 136
12 144
13 144
14 152
15 152
16 160
17 160
18 168
19 168
20 176
21 184
22 192
23 200
24 208
25 216
26 224
27 232
28 240
29 248
30 256
31 264
32 272
33 280
34 288
Agenda Packet Page 298 of 475
14 CHAPTER 6

WORK SCHEDULE

6.1 Workweek
The workweek for the Fire Chief is as required by the City. The normal work day is eight (8) hours per day. Alternate work schedules may require working different scheduled hours as determined per City operations.

CHAPTER 7

EDUCATION BENEFITS

7.1 Tuition Refund Plan
The Fire Chief is eligible for educational cost reimbursement up to a maximum of $1,000 per year for work-related studies at a recognized college, university or professional school. Course content should relate to one of the following:

A. Knowledge or skills needed by the employee in his/her present job;

B. Preparation for promotional opportunities or advancement in the same or different field within the City organization.

C. The requirements of a program leading to a degree, at an approved institution, which enhances the employee's job knowledge or on-the-job skills.

Procedures for obtaining reimbursement and limitations regarding reimbursement may be found in the City of El Cerrito administrative procedure on educational expense reimbursement.

CHAPTER 8

MISCELLANEOUS POLICIES FOR THE FIRE CHIEF

8.1 Education Incentive Program
Effective the first full pay period after start date, the Fire Chief shall receive a differential of five and one-half percent (5.5%) of base pay in recognition of completion of the requirements to obtain a master’s degree.

8.2 Continuing Education
It is the policy of the City that management employees, including the Fire Chief, take part in some educational or training course each year, and the City Council will attempt to provide funds in each budget for such purpose.

Agenda Packet Page 299 of 475
15 8.32 Membership
It is the policy of the City to provide paid membership in approved professional associations for management employees, including the Fire Chief. This policy shall include publications associated with membership and other educational materials as may be approved.

8.43 Conferences
It is the policy of the City that each management employee, including the Fire Chief, attend (as a member) professional conferences of his or her peers each year at City expense, subject to any budgetary constraints. These conferences would include but are not limited to Cal Chiefs, California Special Districts Association, California Joint Powers Association and others to provide representation for the City and as approved by the City Manager.

8.5 Benefit Relationship to Rank and File
If new or deleted material benefits and/or cost sharing mechanisms are agreed to with the Firefighters’ Association, they would apply to the Fire Chief.

8.6 Term
This Memorandum of Understanding shall be in full force and effect at such date as adopted by the City Council until June 30, 2025.

Agenda Packet Page 300 of 475

AGENDA BILL
Agenda Item No. 8.B.

Date: July 19, 2022
To: El Cerrito City Council
From: Alexandra Orologas, Assistant City Manager, City Management Subject: Adoption of a Memorandum of Understanding between the City of El Cerrito and the Service Employees International Union, Local 1021

ACTION PROPOSED
Adopt a resolution approving an agreement between the City of El Cerrito and the Service Employees International Union, Local 1021 (SEIU) modifying language on salaries and creating a new Memorandum of Understanding.

On May 19, 2020, the City Council approved a two year agreement with SEIU Local 1021 through Resolution 2020-25 by modifying salaries and creating a Memorandum of Understanding (MOU) effective July 1, 2020 through June 30, 2022. SEIU Local 1021 is recognized as the majority bargaining unit for full-time and part-time represented general employees.The following is a summary of the tentative agreement with SEIU Local 1021 (Exhibit A to the Resolution):
 The agreement will be effective July 1, 2022 through December 31, 2023 (18 months).
 Effective the first full pay period of July 2022, the City will increase the salary or wage range for all represented classifications by 3%.
 Effective the first full pay period of July 2022, PERS "classic" employees will make an additional 0.5% contribution into PERS, for a total of 8.5% contribution into PERS. PERS "PEPRA" employees shall pay 50% of the normal cost of their retirement as determined by PERS or 8.5%, whichever is greater.  For represented employees who are employed by the City on December 1, 2022, the City will provide a one-time payment of $400, payable in the first full pay period in December 2022.
 Effective the first full pay period of January 2023, the City will increase the salary or wage range for all represented classifications by 1%.  Effective the first full pay period in July 2023, the City will increase the salary or wages ranges for all represented classifications by 1%.  Per City Council direction on May 3, 2022, Juneteenth National Independence Day (Juneteenth) was added to the list of recognized City Holidays for pay purposes.

Agenda Packet Page 301 of 475
Agenda Item No. 8.B.

Per CalPERS, PEPRA members/employees are defined as:
 A member who joined CalPERS prior to January 1, 2013, who, on or after January 1, 2013, is hired by a different CalPERS employer following a break in service of more than six months.
 A new hire who joined CalPERS for the first time on or after January 1, 2013, and who has no prior membership in another California public retirement system.  A new hire who joins CalPERS for the first time on or after January 1, 2013, and who was a member of another California public retirement system prior to that date, but who is not subject to reciprocity upon joining CalPERS.

Any CalPERS member who does not fall under any of these definitions is a Classic member/employee.

STRATEGIC PLAN CONSIDERATIONS
Adopting the Resolution for SEIU Local 1021 fulfills Goal A, Deliver Exemplary Government Services, including the strategies of “Recruiting and retaining a talented and effective workforce” and “Maintain emphasis on providing excellent customer service”; and, Goal B, "Achieve long-term financial sustainability."

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

FINANCIAL CONSIDERATIONS
The estimated total cost of a 3% increase, effective July 1, 2022, for SEIU Local 1021 is $123,387.00. The ongoing total cost savings associated with SEIU Local 1021 paying an additional 0.5% to PERS is approximately $14,172.00. The total cost of the $400 one-time payment is approximately $17,200.00 for represented employees who are employed by the City on December 1, 2022. The estimated total cost of a 1% increase for SEIU Local 1021 in January 2023 is $42,363.85. The cost associated with the July 1, 2022 and December 31, 2023 increases, the December 1, 2022 one-time payment, and the cost savings from the employees' additional PERS contributions will be realized in the fiscal year (FY) 2022-23 budget. The estimated total cost of the 1% increase for SEIU Local 1021, effective the first full pay period in July 2023, is $42,787.49 and will be included in the FY 2023-24 Budget.

LEGAL CONSIDERATIONS
The City Attorney has reviewed the proposed action and found that legal considerations have been addressed.

Reviewed by:

Agenda Packet Page 302 of 475
Agenda Item No. 8.B.

Karen Pinkos, City Manager
Attachments:

1. Resolution

2. Exhibit A to Resolution
Agenda Packet Page 303 of 475
RESOLUTION 2022-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO TO

APPROVING AN AGREEMENT BETWEEN THE CITY OF EL CERRITO AND THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1021 (SEIU) MODIFYING

LANGUAGE ON SALARIES AND CREATING A NEW MEMORANDUM OF

UNDERSTANDING
WHEREAS, the Meyers-Milias-Brown Act allows employee units within the City to represent themselves on matters concerning salaries, hours and working conditions; and WHEREAS, the Employer-Employee Relations Ordinance of the City of El Cerrito provides the methods and procedures for meeting and conferring in good faith; and WHEREAS, the Service Employees International Union, Local 1021 is recognized as the majority bargaining unit for full-time and part-time represented general employees; and
WHEREAS, representatives of the City of El Cerrito and the Service Employees International Union, Local 1021, have met and conferred in good faith; and WHEREAS, the City of El Cerrito and the Service Employees International Union, Local 1021 representatives have reached agreement regarding matters within the scope of representation, including wages, hours and other terms and conditions of employment; and
WHEREAS, upon approval of this agreement, the parties will finalize an updated MOU which incorporates all previous side letters between the City and Service Employees International Union, Local 1021; and
NOW, THEREFORE, BE IT RESOLVED, that the El Cerrito City Council hereby adopts the Agreement, attached hereto and incorporated by reference as Exhibit A, between the City of El Cerrito and the Service Employees International Union, Local 1021, modifying salaries; directs the parties to finalize an updated Memorandum of Understanding (MOU); and directs the City Manager to execute the agreement.

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

I CERTIFY that at a regular meeting on July 19, 2022 the City Council of the City of El Cerrito passed this Resolution by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Agenda Packet Page 304 of 475
IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on July , 2022.
________________________
Holly M. Charléty, City Clerk
APPROVED:
________________________
Gabe Quinto, Mayor
Agenda Packet Page 305 of 475

TENTATIVE AGREEMENT
Between

CITY OF EL CERRITO
And
S.E.I.U. LOCAL 1021
June 27, 2022

3.1 Duration of this Memorandum
The recommendations set forth in the Memorandum of Understanding are final. Except as otherwise provided herein, no changes or modifications shall be offered, urged or otherwise presented by the Union or the City for the duration of this agreement, provided, however, that nothing herein shall prevent the parties to this Memorandum of Understanding from meeting and conferring and making modifications herein by mutual consent. The term of this agreement shall be from July 1, 202220 to December 31, 2023June 30, 2022.

8.1 Holidays
The following holidays are recognized as municipal holidays for pay purposes for all fulltime and permanent part-time represented employees:

New Year's Day Labor Day
Dr. M.L. King Jr. Birthday Veterans’ Day
(3rd Monday in January) Thanksgiving Day
President's Day Day after Thanksgiving
(3rd Monday in February) Christmas Eve Day
Memorial Day Christmas Day
Juneteenth ½ Day New Year’s Eve
July 4th
In the event that any of the aforementioned days falls on a Sunday, the following Monday shall be considered a holiday for pay purposes. In the event that any of the aforementioned days falls on a Saturday, the preceding Friday shall be considered a holiday for pay purposes. (Department managers may make changes in the above schedule in accordance with the needs of their department.) The afternoon of New Year’s Eve, commencing at 12:00 noon, shall be considered a holiday for pay purposes. In the event that New Year’s Eve fall on a Sunday or a Monday, the preceding Friday afternoon shall be considered a holiday for pay purposes.

For employees on an alternative workweek schedule, if a holiday falls on a normal workday, full-time employees will be granted 7 ½ hours or the normal pro-rated portion for those who are benefited regular part-time employees. The employees may apply Agenda Packet Page 306 of 475
vacation or other discretionary hours in order to receive their normal hours for the workweek. If a holiday, a day named in the Memorandum of Understanding, falls on the Friday that City Hall is closed, the employee will be allowed to work equivalently fewer hours in the affected workweek(s) or be given the equivalent number of floating holiday hours at the discretion of the department manager. In no event should this result in fewer hours to serve the public.

13.1 Salaries for Represented Classifications
 There shall not be a salary or wage increase for any of the represented classifications in July 2020.
 Effective the first full pay period in July 20221, the City will increase the salary or wages ranges for all represented classifications by 3.0%.  Effective the first full pay period in January 2023, the City will increase the salary or wages ranges for all represented classifications by 1.0%.  Effective the first full pay period in July 2023, the City will increase the salary or wages ranges for all represented classifications by 1.0%.

XX.X Pension Reimbursement
 Classic miscellaneous employees shall make the 8.0% employee contribution towards PERS.
 Effective the first full pay period in July 2022, miscellaneous classic employees shall make an additional 0.5% contribution towards PERS, for a total of 8.5% contribution towards PERS.
 Miscellaneous employees hired after December 31, 2012, who are not “Classic Employees” as defined for PERS and are receiving retirement benefits as per the Public Employees’ Pension Reform Act (PEPRA), shall pay 50% of the normal costs of their retirements as determined by PERS in accordance with PEPRA requirements or 8.5%, whichever is greater.

An employee’s pension contribution shall be tax deferred and made in accordance with IRS Section 414 H(2).

Agenda Packet Page 307 of 475
XX.X One-Time Payment
o Employees who are employed by the City on December 1, 2022, are eligible to receive a One-Time Payment of $400.00. The One-Time Payment shall be received by the employees in the first full pay period in December 2022.

For SEIU Local 1021 For the City of El Cerrito
______________________________ ________________________________ ______________________________ ________________________________ ______________________________ ________________________________ ______________________________
______________________________
______________________________ Jennifer Bright
Agenda Packet Page 308 of 475

AGENDA BILL
Agenda Item No. 8.C.

Date: July 19, 2022
To: El Cerrito City Council
From: Alexandra Orologas, Assistant City Manager, City Management Subject: Consulting Services Agreement with Koff & Associates for a Citywide Classification and Compensation Study

ACTION PROPOSED
Adopt a resolution authorizing the City Manager to execute a consulting services agreement in the amount of $200,000 with Koff & Associates for the completion of citywide classification and compensation study; and approve the transfer of $200,000 in expenditure authority from the Unassigned Fund Balance (Reserve) and increase the FY 2022-23 Adopted Budget to cover the classification and compensation study costs.

BACKGROUND/ANALYSIS
In March 2021, the California State Auditor issued a report with a number of recommendations concerning personnel costs, including a recommendation for the City to conduct a compensation study of City staff positions. Given that the last comprehensive classification and compensation study conducted for the City of El Cerrito was completed over 30 years ago, staff believes that a full, Citywide classification and total compensation study should be completed in order to accurately determine up-to-date compensation information and ensure that the City's classifications are appropriate for current standards in local government organizations.

Since the last study, there have been many changes to the City's classifications and job descriptions, staff positions have been added/deleted, and there have been various compensation schedule adjustments. As such, this has created the need to have the City's classification and compensation system reviewed by an outside consultant that has the specific expertise in public sector classification and compensation to conduct an in-depth analysis of the system as needed, as well as to assess internal equity and external market comparisons.

In February 2022, staff issued a Request for Proposals (RFP) for a comprehensive classification and compensation study. In response, the City received three (3) proposals by the due date of March 11, 2022 from Koff & Associates, Sloan Sakai and Regional Government Services. Of those proposals, two (2) were selected to advance to the interview process - Koff & Associates and Sloan Sakai. The remaining proposal was not selected for interview because the firm's proposed work and past experience as noted in their response did not align with the requirements of the RFP. Interviews were conducted in April 2022, and based on the comprehensiveness of their proposal and vast industry experience, Koff & Associates emerged as the selected firm. Koff & Associates was established in 1984 and has extensive experience in working on classification and compensation studies, which accounts for approximately 70% of their workload. Koff & Associates has a reputation for being "hands on" in working with local Agenda Packet Page 309 of 475
Agenda Item No. 8.C.
government agencies on classification and compensation studies and shares with City staff the importance of maintaining strong communication with employees and union representatives throughout the various stages of the process.

Exhibit A to the Resolution is the proposed contract with Koff & Associates. Koff and Associates' scope of work and cost is referenced as Exhibit A and B to the contract - which is the RFP proposal received from Koff and Associates. Staff is recommending Option 2 at $192,610, which assumes a more comprehensive review of the number of classifications, employees, and comparator agencies. The work is planned to begin in August 2022 and end in early Fall 2023.

The City anticipates using this study as context for current salaries and benefits for both represented and unrepresented employees. While the study scope includes developing guidelines for implementation, the study does not bind or obligate the City to make any changes to current compensation or benefits.

STRATEGIC PLAN CONSIDERATIONS
Adopting the Resolution to execute a consulting services agreement for a citywide classification and compensation study fulfills Goal A, Deliver Exemplary Government Services, including the strategies of “Recruiting and retaining a talented and effective workforce” and “Maintain emphasis on providing excellent customer service”; and, Goal B, "Achieve long-term financial sustainability."

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

FINANCIAL CONSIDERATIONS
The total cost of the consulting services agreement for the classification and compensation study is not to exceed $200,000 and the City is requesting approval to transfer $200,000 from the Unassigned Fund Balance (Unassigned Reserve). The current balance of the Unassigned Reserve is $7.1 million, which is prior to including the $3.1 million in American Rescue Plan Act (ARPA) tranche two funding to be received in late July 2022 and the unspent remaining funds from FY 2021-22 closeout (fiscal year end closeout is in progress).

LEGAL CONSIDERATIONS
The City Attorney has reviewed the proposed action and found that legal considerations have been addressed.

Reviewed by:

Karen Pinkos, City Manager
Agenda Packet Page 310 of 475
Agenda Item No. 8.C.

Attachments:

1. Resolution

2. Exhibit A to Resolution

3. Exhibit B to Resolution
Agenda Packet Page 311 of 475
RESOLUTION 2022-XX

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

THE CITY MANAGER TO EXECUTE A CONSULTING SERVICES AGREEMENT WITH KOFF AND ASSOCIATES IN THE AMOUNT OF $200,000 FOR A CITYWIDE CLASSIFICATION AND COMPENSATION STUDY; AND TRANSFERRING $200,000

FROM THE UNASSIGNED FUND BALANCE (RESERVE) TO INCREASE THE EXPENDITURE APPROPRIATION IN THE FISCAL YEAR 2022-23
WHEREAS, the City of El Cerrito seeks to secure a consultant with the skills, knowledge and experience to conduct a comprehensive citywide Classification and Compensation Study; and
WHEREAS, the goal of the Classification and Compensation Study is to review and analyze the classification and compensation system and to assess internal equity and external market comparisons; and
WHEREAS, staff prepared a Request for Proposals (RFP) for a Classification and Compensation Study; and
WHEREAS, on February 3, 2022, staff issued the RFP to solicit responses to the RFP from firms that conduct Classification and Compensation studies; and WHEREAS, proposals were received from three firms, Koff & Associates, Sloan Sakai and Regional Government Services by the due date of March 11, 2022; and WHEREAS, City staff reviewed the proposals based on the evaluation criteria listed in the RFP and Koff & Associates emerged as the selected firm; and WHEREAS, an amendment to the Fiscal Year (FY) 2022-23 budget is needed to cover these costs; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that it hereby:
1) Authorizes the City Manager to execute a consulting services agreement with Koff & Associates in the amount of $200,000 for a Citywide Classification and Compensation Study; and
2) Amends the Unassigned Fund Balance (Reserve) to appropriate $200,000 and transfer to the Fiscal 2022-23 budget to cover all costs for the project.

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

Agenda Packet Page 312 of 475
I CERTIFY that at a regular meeting on July 19, 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 July , 2022.
________________________
Holly M. Charléty, City Clerk
APPROVED:
________________________
Gabe Quinto, Mayor
Agenda Packet Page 313 of 475
Consulting Services Agreement between August 1, 2022
City of El Cerrito and Koff & Associates Page 1 of 16

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF EL CERRITO
AND
KOFF & ASSOCIATES, A DIVISION OF GALLAGHER BENEFIT SERVICES, INC.

THIS AGREEMENT (“Agreement”) for consulting services is made by and between the City Of El Cerrito (“City”) and Koff & Associates, a division of Gallagher Benefit Services, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of August 1, 2022 (the “Effective Date”).

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 31, 2023, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.

Agenda Packet Page 314 of 475
Consulting Services Agreement between August 1, 2022
City of El Cerrito and Koff & Associates Page 2 of 16
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $200,000, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement.

In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
 Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
 The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
 At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;  The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
 The Consultant’s signature;
 Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12- month period under this Agreement and any other agreement between Agenda Packet Page 315 of 475
Consulting Services Agreement between August 1, 2022
City of El Cerrito and Koff & Associates Page 3 of 16
Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.

2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed $7,390. Expenses not listed below are not chargeable to City.

Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination.

Agenda Packet Page 316 of 475
Consulting Services Agreement between August 1, 2022
City of El Cerrito and Koff & Associates Page 4 of 16
Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, and employees. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the Agenda Packet Page 317 of 475
Consulting Services Agreement between August 1, 2022
City of El Cerrito and Koff & Associates Page 5 of 16
alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a selfinsurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.

4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the Commercial General Agenda Packet Page 318 of 475
Consulting Services Agreement between August 1, 2022
City of El Cerrito and Koff & Associates Page 6 of 16
Liability only as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant
c. For any claims related to this Agreement or the work hereunder, the Consultant’s Commercial General Liability insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
d. Any cancelled or non-renewed policy will be replaced with no coverage gap and a current Certificate of Insurance will be provided to the City.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 covering the licensed professionals’ errors and omissions.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least two years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of two years after completion of work under this Agreement.

4.3.3 Additional Requirements. A certified endorsement shall be included in the policy
Agenda Packet Page 319 of 475
Consulting Services Agreement between August 1, 2022
City of El Cerrito and Koff & Associates Page 7 of 16

4.4 All Policies Requirements.

4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VI.

4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all endorsements attached to those policies. All copies of certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them.

4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to the City the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit.

4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. With the exception of Professional Liability, Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees andagents.

4.4.6 Subcontractors. Consultant shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent Agenda Packet Page 320 of 475
Consulting Services Agreement between August 1, 2022
City of El Cerrito and Koff & Associates Page 8 of 16
and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;  Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or
 Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, defend with counsel acceptable to City, indemnify, and hold City, its officers, employees, agents, and volunteers, harmless from and against any and all claims that arise out of, pertain to, or relate to omissions, breaches of the contract, intentional misconduct, violations or gross negligence of the Consultant (“Claims”). Consultant will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly (“Liability”). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City.

With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the Indemnitees.

Consultant’s liability to the City and any other party for any losses, injury or damages to persons or properties or work performed arising out of in connection with this Agreement and for any other claim, whether the claim arises in contract, tort, statute or otherwise, shall be limited to the amount of the total fees due to Consultant from City for the particular Services giving rise to the claim. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT,

CONSULTANT SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, LOST

PROFITS, OR PUNITIVE DAMAGES SUSTAINED OR INCURRED IN CONNECTION WITH THIS AGREEMENT, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE.

Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

Agenda Packet Page 321 of 475
Consulting Services Agreement between August 1, 2022
City of El Cerrito and Koff & Associates Page 9 of 16
Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law.

Consultant’s Failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally Agenda Packet Page 322 of 475
Consulting Services Agreement between August 1, 2022
City of El Cerrito and Koff & Associates Page 10 of 16
required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon ninety (90) days advanced written notification to Consultant.

Consultant may cancel this Agreement upon 60 days’ written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein.

Consultant understands and agrees that, if City grants such an extension, City Agenda Packet Page 323 of 475
Consulting Services Agreement between August 1, 2022
City of El Cerrito and Koff & Associates Page 11 of 16
shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.

8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

Agenda Packet Page 324 of 475
Consulting Services Agreement between August 1, 2022
City of El Cerrito and Koff & Associates Page 12 of 16

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. Notwithstanding the foregoing, Consultant will retain sole and exclusive ownership of all right, title and interest in and to its intellectual property and derivatives thereof which no data or confidential information of the City was used to create and which was developed entirely using Consultant’s own resources. To the extent Consultant’s intellectual property is necessary for the City to use the services provided, Consultant will grant to the City a non-exclusive, royalty-free license to Consultant’s intellectual property solely for the City’s use of such services.

9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agenda Packet Page 325 of 475
Consulting Services Agreement between August 1, 2022
City of El Cerrito and Koff & Associates Page 13 of 16
Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Contra Costa or in the United States District Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is Agenda Packet Page 326 of 475
Consulting Services Agreement between August 1, 2022
City of El Cerrito and Koff & Associates Page 14 of 16
made in violation of Government Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.9 Contract Administration. This Agreement shall be administered by Shannon Bassi, Senior Human Resources Analyst ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

10.10 Notices. Any written notice to Consultant shall be sent to:

Koff & Associates, a division of Gallagher Benefit Services, Inc.

Attn: Catherine Kaneko, Managing Director
2835 Seventh Street
Berkeley, CA 94710
Any written notice to City shall be sent to:

City of El Cerrito
Attn: Shannon Bassi, Human Resources Analyst
10890 San Pablo Ave.

El Cerrito, CA 94530

10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Scope of Services
Exhibit B Payment Schedule
Agenda Packet Page 327 of 475
Consulting Services Agreement between August 1, 2022
City of El Cerrito and Koff & Associates Page 15 of 16

10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
[SIGNATURES ON FOLLOWING PAGE]
Agenda Packet Page 328 of 475
Consulting Services Agreement between August 1, 2022
City of El Cerrito and Koff & Associates Page 16 of 16
The Parties have executed this Agreement as of the Effective Date.

CITY OF EL CERRITO KOFF & ASSOCIATES,
A DIVISION OF GALLAGHER BENEFIT SERVICES, INC.
____________________________ ______________________________ Karen Pinkos, City Manager Catherine Kaneko, Managing Director Koff & Associates, a division of Gallagher
Benefit Services, Inc.

Attest:
____________________________
Holly Charléty, City Clerk
Approved as to Form:
____________________________
Sky Woodruff, City Attorney
1011035_1.DOC
Agenda Packet Page 329 of 475
March 11, 2022
Classification and
Total Compensation
Study Proposal
The City of El Cerrito

KOFF & ASSOCIATES, A GALLAGHER COMPANY
GEORG S. KRAMMER
Managing Director, Compensation and Rewards Consulting
2835 Seventh Street
Berkeley, CA 94710
www.KoffAssociates.com
[email protected]
Tel: 510.658.5633
Fax: 510.652.5633

EXHIBIT A -

SCOPE OF WORK

EXHIBIT B - COST
Agenda Packet Page 330 of 475
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com March 11, 2022
Ms. Shannon Bassi
Human Resources Division
City of El Cerrito
10890 San Pablo Avenue
El Cerrito, CA 94530
Dear Ms. Bassi:

Thank you for the opportunity to respond to your Request for Proposals for a Classification and Compensation Study for the City of El Cerrito (“City”). We are most interested in assisting the City with this important study and feel that we are uniquely qualified to provide value to your organization based on our experience working with other cities, counties, special districts, joint-powers associations, and other public agencies.

Koff & Associates, now a Gallagher company, is an experienced Human Resources and Recruitment Services firm providing human resources services to cities, counties, special districts, courts, educational institutions, and other public agencies for 38 years. The firm has achieved a reputation for working successfully with management, employees, and governing bodies. We believe in a high level of dialogue and input from study stakeholders and our proposal speaks to that level of effort. Our firm’s extra effort has resulted in close to 100% implementation of all of our classification and compensation studies.

Koff & Associates ensures that each of our projects is given the appropriate resources and attention, resulting in a high level of quality control, excellent communication between clients and our office, commitment to meeting timelines and budgets, and a consistently high-caliber work product.

As a Managing Director of Koff & Associates, Katie Kaneko would assume the role of Project Director and be responsible for the successful completion of project. We can be reached at our Berkeley address and the phone number listed on the cover page. Katie’s email is [email protected] and my email is [email protected].

This proposal will remain valid for at least 90 days from the date of submittal. Please call if you have any questions or wish additional information. We look forward to the opportunity provide professional services to the City of El Cerrito.

Sincerely,
Georg S. Krammer
Managing Director, Compensation and Rewards Consulting
Agenda Packet Page 331 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com

TABLE OF CONTENTS
Firm Qualifications 1
Team Member Qualifications 2
References 12
Executive Summary, Approach, Methodology 15
Time Requirements 32
Cost Proposal 33
Contractual Considerations 36
Signature Page
Agenda Packet Page 332 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 1 FIRM QUALIFICATIONS
Koff & Associates (“K&A”) is a full-spectrum, public-sector human resources and recruitment services firm that was founded in 1984 by Gail Koff; K&A has been assisting cities, counties, special districts, other public agencies, and non-profit organizations with their human resources needs for 38 years.

As of April 30, 2021, we are in the process of merging with Arthur J. Gallagher and are now officially a Gallagher Division. Our headquarters are in Berkeley, CA, and we have satellite offices in Southern California, the Central Valley, the Sacramento Region, and the Western Region.

We are familiar with the various public sector organizational structures, agency missions, operational and budgetary requirements, and staffing expectations. We have extensive experience working in both union and non-union environments (including service as the management representative in meet & confer and negotiation meetings), working with City Councils, County Commissions, Boards of Directors, Boards of Supervisors, Boards of Trustees, Merit Boards, and Joint Power Authorities.

The firm’s areas of focus are classification and compensation studies (approximately 70% of our workload); executive search and staff recruitments; organizational development/assessment studies; performance management and incentive compensation programs; development of strategic management tools; policy/procedure development and employee handbooks; training and development; public agency consolidations and separations; Human Resources audits; and serving as off-site Human Resources Director for smaller public agencies that need the expertise of a Human Resources Director but do not need a full-time, on-site professional.

Without exception, all of our classification and compensation studies have successfully met all of our intended commitments; communications were successful with employees, supervisors, management, and union representatives; and we were able to assist each agency in successfully implementing our recommendations. All studies were brought to completion within stipulated time limits and proposed budgets.

Our long list of clients (please see https://koffassociates.com/our-clients/) is indicative of our firm’s reputation as being a quality organization that can be relied on for producing comprehensive, sound, and cost-effective recommendations and solutions. K&A has a reputation for being “hands on” with the ability and expertise to implement its ideas and recommendations through completion in both union and nonunion environments.

K&A relies on our stellar reputation and the recommendations and referrals of past clients to attract new clients. Our work speaks for itself and our primary goal is to provide professional and technical consulting assistance with integrity, honesty and a commitment to excellence. We are very proud of the fact that in working with hundreds of public agency clients and completing hundreds of classification and/or compensation and other types of studies, we have only had a handful of formal appeals in our entire history.

Agenda Packet Page 333 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 2 Our team consists of 35 employees as shown below in our organizational chart.

No subcontractors will be assigned to this study.

TEAM MEMBER QUALIFICATIONS
All members of our team have worked on multiple comprehensive classification and total compensation studies and are well acquainted with the wide array of public sector organizational structures, compensation structures, classification plans, as well as the challenges and issues that arise when conducting studies such as this one for the City.

KEY PERSONNEL
Our project team will be led by Co-Project Directors Katie Kaneko (Managing Director) and Alyssa Thompson (Senior Project Manager). They will coordinate all of K&A’s efforts, attend all meetings with the City, and be responsible for all work products and deliverables.

Georg Krammer
Katie Kaneko
Managing Directors
Lisa Gardner
Kelly Basoco
Maggie Williams-Dalgart
Lindsay Christopher
Monica Garrison-Reusch
Arlene Gibbs
Sarah Nunes
Ariele Rodriguez
Frances Trant
Cindy Harary
Senior H.R. Associates
Renate Tiner
Trish Griffus
Kelly Barns
H.R. Associates
Sarah Williams
Lynda Guerra
Junior H.R.

Associate
Eileen King
Marketing
Associate
John Logsdon
Senior Proposals
Developer
Lenissa Dumlao
Elise Johnson
Administrative
Coordinators
Kathy Crotty
Eric Swidler
Administrative
Assistants
Carlo Zabala
Edna Swaim
Lauryn Pillars
Recruiters
Ember Plummer
Recruiting
Coordinator
Alyssa Thompson
Debbie Owen
Senior Project Managers
Frank Rojas
Recruitment Manager
Mike Harary
Kari Mercer
Amber Richards
Jamie Inderbitzen
Project Managers
Joshua Boudreaux
Recruitment Supervisor
Agenda Packet Page 334 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 3 CONSULTANTS
Jamie Inderbitzen (Project Manager), Lindsay Christopher (Senior HR Associate), Cindy Harary (Senior HR Associate), Kelly Ann Basoco (Senior HR Associate), Monica Garrison-Reusch (Senior HR Associate), Arlene Marks Gibbs (Senior Associate) and Renate Tiner (HR Associate) will conduct classification analysis and interviews with employees and management, compensation data collection and analysis, internal job analysis, develop recommendations and implementation strategies.

WORKLOAD
We currently have a team of 23 HR consultants and five administrative support staff – resources that we are able to pool base on each project’s needs, to execute projects and to meet clients’ needs and expectations. Each time we are selected as the successful bidder on a project, we strategize to determine project timelines, deliverable deadlines, and the resources that are required to produce the deliverables as promised. We are poised to accommodate the City’s classification and compensation study and plan to devote the necessary resources for the successful executive of the project.

Following are biographies of the specific staff who will be assigned to this study:

Catherine “Katie” Kaneko, C.P.A., P.H.R.

Managing Director, Compensation and Rewards Consulting
Katie is one of the two principals of Koff & Associates. She brings more than 25 years of managementlevel human resources and consulting experience to K&A. She has extensive experience in classification analysis and evaluation techniques, compensation, performance incentive programs, recruitment, and organizational studies.

Armed with her Bachelor of Business Administration degree, and as a CPA (Certified Public Accountant), Katie began her career in an international accounting/consulting firm. She transitioned into Human Resources within the firm to become the Human Resources Director of the San Francisco office. She next moved into the high-tech industry where she served in leadership positions for high-growth companies, startup firms, and organizations in transition. Katie then moved to the public sector, joining K&A in 2003 and has been the firm’s President since 2005; over the last 16 years, she has overseen hundreds of compensation, classification, organizational and other studies for cities, counties, and special districts throughout California.

Agencies for whom classification and/or compensation studies, or HR Services (such as organizational assessments, executive performance evaluations, succession planning studies, etc.) were led by Katie, as Project Director, during the last few years, include, but are not limited to, the following:
• Cities and/or Towns: Albany, Belmont, Benicia, Calistoga, Carmel, Coachella, Crescent City, Cupertino, Danville, Dinuba, East Palo Alto, Fairfield, Galt, Hayward, Hillsborough, Los Altos, Los Gatos, Madera, Manteca, Merced, Monterey, Moraga, Morgan Hill, Mt. Shasta, Newman, Novato, Pacific Grove, Pacifica, Palo Alto, Paradise, Piedmont, Redwood City, Rohnert Park, Sacramento, San Bruno, San Pablo, San Ramon, Santa Cruz, Santa Rosa, Sonora, Tracy, Tulare • Counties: Butte, El Dorado, Humboldt, Mendocino, Merced, Placer, San Joaquin, San Mateo, Sonoma, Tuolumne, Yuba
• Courts: Superior Court of the County of Alameda, Superior Court of San Joaquin County • Education: First Five Contra Costa, First Five Santa Clara, Hartnell College, Salinas Union High School District, Southwestern Community College District, Travis Unified School District Agenda Packet Page 335 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 4 • State: California State Compensation Insurance Fund; California State Auditor’s Office • Other: Municipal Pooling Authority, Public Agency Risk Sharing Authority of California • Special Districts:
o Open Space Districts: Midpeninsula Regional Open Space District, Santa Clara Valley Open Space Authority, Sonoma County Agricultural Preserve and Open Space District. o Park and Recreation Districts: Livermore Area Recreation and Park District, Mendocino Coast Recreation & Park District,
o Air Quality: Bay Area Air Quality Management District o Community Services District: Cosumnes Community Services District, Discovery Bay Community Services District, Groveland Community Services District, Rancho Murieta Community Services District, Town of Discovery Bay CSD
o Fire and Police Protection: Central Fire District of Santa Cruz County, East Contra Costa Fire Protection District
o Housing/Economic Development: Oakland Housing Authority o Public Utilities: Northern California Power Agency
o Retirement: Contra Costa County Employees’ Retirement Association, Retirement Office of City of San José
o Solid Waste: Alameda County Waste Management Authority, Humboldt Waste Management Authority, Monterey Regional Waste Management District, Salinas Valley Solid Waste Authority
o Transportation: Alameda Contra Costa Transit District, San Francisco County Transportation Authority, Solano Transportation Authority
o Wastewater: Castro Valley Sanitary District, Central Contra Costa Sanitary District, Dublin San Ramon Services District, East Palo Alto Sanitary District, Encina Wastewater Authority, Fairfield Suisun Sewer District, Las Gallinas Sanitary District, Monterey Regional Water Pollution Control Agency, Mt. View Sanitary District, Vallejo Flood and Wastewater District, West Valley Sanitation District
o Water: Alameda County Water District, Coastside County Water District, Indian Wells Valley Water District, North Coast County Water District, Santa Clara Valley Water District, Valley County Water District, Zone 7 Water Agency
Katie will be key personnel and serve as the Co-Project Director for this project; she will coordinate all of K&A’s efforts, will attend all meetings with the City, and will be responsible for all work products and deliverables.

Alyssa Thompson, Ph. D.

Senior Project Manager
Alyssa has over 12 years of human resources experience in classification and compensation analysis and development, performance management, affirmative action program development, and recruitment.

Alyssa also has experience in designing and conducting quantitative and qualitative research studies.

Since joining K&A in 2007, Alyssa has led and worked on well over 300 classification, compensation, organizational assessment, and recruitment projects for cities, counties, and special districts, including but not limited to some of these more recent projects:
• Cities and Towns: Concord, Danville, Discovery Bay, Fremont, Hayward, Hillsborough, Los Altos Hills, Monterey, Napa, Oakland, Orange, Palm Desert, Piedmont, Redlands, Sacramento, San Diego, Santa Barbara, Santa Rosa, Vallejo Agenda Packet Page 336 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 5 • Counties: Bernalillo (New Mexico), Humboldt, Orange, Placer, San Joaquin, San Mateo, Solano, Tehama, Tuolumne
• Special Districts:
o Community Services District: Cosumnes CSD, Hayward Area Recreation and Park District, Heritage Ranch CSD, Tualatin Hills Park & Recreation District (OR) o Fire and Police Protection: Sacramento Metropolitan Fire District o Housing/Economic Development: Housing Authority of the County of Alameda, Oakland Housing Authority, San Diego Housing Commission, Santa Clara County Housing Authority
o Open Space: Midpeninsula Regional Open Space District o Public Utilities: East Bay Municipal Utility District, Northern California Power Agency
o Transportation: Alameda County Transportation Commission, Livermore Amador Valley Transit Authority, Metropolitan Transportation Commission, Ontario International Airport, Port of Hueneme, Port of Long Beach, Riverside County Transportation Commission, SACOG (Sacramento Area Council of Governments), Western Riverside Council of Governments
o Wastewater: Central Contra Costa Sanitary District, Central Marin Sanitation Agency, Encina Wastewater Authority, Orange County Sanitation District, Vallejo Flood and Wastewater District
o Water: Alameda County Water District, Bay Area Water Supply & Conservation Agency, Coastside County Water District, Contra Costa Water District, Dublin San Ramon Services District, Mid-Peninsula Water District, San Bernardino Valley Water Conservation District, Santa Clara Valley Water District, Santa Clarita Valley Water Agency, South Coast Water District, Valley County Water District, Zone 7 Water Agency
• Education: Alameda Unified School District, Berkeley Unified School District, Cutler-Orosi Unified School District, Foothill-De Anza Community College District, Mount San Antonio College, Salinas Union High School District, Travis Unified School District, West Valley Mission Community College District
• Courts: Habeas Corpus Resource Center, Superior Court of California-County of Orange She earned a Bachelor’s degree in Psychology with a minor in Sociology-Organizational Studies from the University of California, Davis, and a Ph.D. in Organizational Psychology from Alliant International University.

Alyssa will serve as the Co-Project Director for this study; together with Katie, she will coordinate all of K&A’s efforts, will attend all meetings with the City, and will be responsible for all work products and deliverables. She will provide consultant support for this project, including classification analysis, interviews with employees and management, compensation data collection and analysis, internal job analysis, development of recommendations, and implementation strategies.

Kelly Ann Basoco, SPHR, SHRM-SCP, PHRca
Senior H.R. Associate
Kelly’s professional qualifications include over 15 years of experience in the Human Resources field, primarily as a generalist. She spent the first 12 years in the private sector as a Human Resources Manager working for global companies such as Parker Hannifin and 3M. Kelly gained experience in Agenda Packet Page 337 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 6 employee relations, policies and procedures administration, recruitment activities and performance management; with Parker and 3M she also worked with mergers and acquisitions and managed plant/facility closures.

Kelly was Director of Human Resources for a multi-state manufacturing company where she oversaw corporate human resources. Kelly transitioned to human resources consulting providing human resources audits, policy and procedure development, performance management and investigations for local businesses and classification and compensation studies for the public sector.

Since joining K&A, Kelly has conducted classification and/or compensation studies, organizational assessments, and other HR projects, for the following agencies:
• Cities / Towns: Coachella, El Monte, Galt, Citrus Heights, Hillsborough, Manteca, Milpitas, Morgan Hill, Murrieta, Newman, Perris, Redlands (Municipal Utilities and Engineering Department), San Diego, Santa Clara, Santa Monica, Saratoga, Sausalito, Sonora, Westminster • Counties: El Dorado, Fresno, Humboldt
• Special Districts: Beaumont-Cherry Valley Water District, Castro Valley Sanitary District, Eastern Municipal Water District, Excelsior Charter Schools, Helendale Community Services District, IBEW (International Brotherhood of Electrical Workers), Long Beach Transit, Mojave Water Agency, Orange County Mosquito and Vector Control District, Orange County Sanitation District, PhelanPiñon Hills Community Services District, Rancho California Water District, Riverside Community College District, San Bernardino Valley Water Conservation District, Santa Clarita Valley Water District, South Coast Water District, Southern California Public Power Authority, Southwestern Community College District, and Travis Unified School District Kelly received her Bachelors Degree in Business and Human Resource Development from Notre Dame College. She is a member of the national Society of Human Resource Managers (www.shrm.org) holding the Senior Certified Professional (SHRM-SCP) certification, the Senior Professional in Human Resources (SPHR) certification and the Professional in Human Resources – California (PHRca) certification. She is also a member of the Professionals in Human Resources Association (www.pihra.org). In addition, she is an Item Writer for the HRCI (Human Resource Certification Institute) and is considered a Subject Matter Expert for the PHRca and SPHR certifications.

Kelly will provide Senior H.R. Associate support throughout the project, including classification analysis, interviews with employees and management, compensation data collection and analysis, internal job analysis, staffing analysis, development of recommendations, and implementation strategies.

Lindsay Christopher
Senior H.R. Associate
Lindsay’s professional qualifications include ten years of experience working in the public sector, mostly with Alameda County. In her role as Human Resources Analyst, she was responsible for classification and compensation projects, as well as recruitment and selection, in a Civil Service, merit-based, environment.

Mostly recently, she continued to focus on classification and compensation projects at East Bay Regional Park District.

Since joining K&A, Lindsay has worked on studies for the following:
• Cities: Gardena, Hemet, Milpitas, Tracy, Corona, Seattle (Library), Napa • Counties: Humboldt
Agenda Packet Page 338 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 7 • Special Districts: Contra Costa County Employees’ Retirement Association, Greater LA County Vector Control District, Orange County Sanitation District, Purissima Hills Water District, Marin Municipal Water District, Housing Authority of the City of Santa Barbara, Tri-City Mental Health Authority, Victor Valley College, Buena Park Library District, East Bay Regional Park District, Tualatin Hills Park and Recreation District, Valley Water, San Luis and Delta Mendota Water Authority
A Bay Area native, Lindsay earned her B.A. degree in Sociology with a concentration in Criminology from San Jose State University.

Lindsay will provide Senior H.R. Associate support throughout this effort, including classification analysis, interviews with employees and management, compensation data collection and analysis, internal job analysis, development of recommendations, and implementation strategies.

Monica Garrison-Reusch, B.A., M.B.A.

Senior H.R. Associate
Monica has over 15 years of human resource program experience, all of which have been spent serving as either a team consultant or project manager on projects working with public sector agencies. Monica’s primary professional focus over the last several years has been on classification and compensation practices.

Prior to joining K&A, Monica performed classification and compensation consulting services as either a team member or project manager on varied projects including large scale studies done for the Counties of Madera, Sacramento, Bernalillo (in New Mexico), and the California State Department of Personnel Administration. Monica also developed and served as a Co-Trainer for a two-day course on Classification and Compensation.

Monica’s depth of experience allows her to provide a broad range of human resources services to public agencies. She specializes in compensation projects focusing on both base salary and total compensation analysis studies. Monica has also worked on project teams conducting classification studies and organizational analysis, including performing the full range of classification analysis and conducting indepth survey and analysis of organizational structures and past organizational practices.

Since joining K&A, Monica has worked on studies for the following clients:
• Cities: Cotati, Crescent City, Pleasant Hill, Sacramento, Vallejo • Counties: El Dorado, Mendocino, Monterey, Trinity
• State: California State Auditor’s Office
• Special Districts: AC Transit, Cosumnes Community Services District, East Bay Municipal Utility District, Eastern Municipal Water District, El Dorado County Transit Authority, First 5 Contra Costa County, First 5 Santa Clara County, Hayward Area Recreation and Park District, Livermore Amador Valley Transit Authority, Mendocino Coast Rec and Park District, Mojave Water Agency, North Tahoe Public Utility District, Orange County Transportation Authority, State Water Contractors, Trabuco Canyon Water District She earned an MBA with an emphasis in Marketing at Golden Gate University and a Bachelor of Science in Business Administration from the University of Southern California.

Agenda Packet Page 339 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 8 Monica will provide Senior H.R. Associate support for this project, including classification analysis, interviews with employees and management, compensation data collection and analysis, internal job analysis, development of recommendations, and implementation strategies.

Jamie Inderbitzen, HRAC, CCC, PCM, CAPM
Project Manager
Jamie has over 12 years of human resource program experience, most of which have been spent serving as either a team consultant or project manager working for the State of California Department of Human Resources. Her primary professional focus over the last several years has been on classification and compensation practices.

Prior to joining K&A, she performed classification and compensation consulting services to over 86 State of California Departments, including the California Department of Veterans Affairs, California Department of Transportation, California Department of Consumer Affairs, Department of State Hospitals, Department of Developmental Services, Californian Department of Corrections, and California Department of Technology to name a few. She served as project manager on various projects including the State of California’s Classification Abolishment and Consolidation project. During her tenure as a public sector employee, Jamie also gained experience in labor relations, policies and procedures administration and implementation, recruitment activities, and performance management. Jamie served as a statewide trainer and was charged with the development and delivery of various training courses related to Classification and Compensation, such as Position Allocation and Duty Statement Writing. She has also taught workshops on Business Process Improvement. Prior to Jamie providing human resources consultation, she served as a paralegal to the California Department of Human Resources’ Administrative Law Judge, performing legal analysis and judicial support related to non-merit labor claims.

Given her professional experience, education and training, Jamie consistently provides accurate, analytical, and professional results that are utilized by her clients in making decisions that provide short and long-term solutions as well as help meet organizational goals.

Since joining K&A, Jamie has worked on studies for the following clients:
• Cities: Anaheim, Antioch, Citrus Heights, Cupertino, Davis, East Palo Alto, Elk Grove, Merced, Milpitas, Paradise, Pleasant Hill, Redwood City, Ridgecrest, Rohnert Park, San Diego, Santa Monica, Seattle, Spokane, and Tracy.
• Counties: Humboldt, Solano, and Sonoma.
• Special Districts: Central Marin Sanitation Agency, Cosumnes Community Services District, Housing Authority of San Luis Obispo, Housing Authority of Santa Cruz, Mt. View Sanitary District, Orange County Fire Authority, Oro Loma Sanitary District, Port of Stockton, Regional Government Services, Sacramento Regional Transit District, San Joaquin Regional Transit District, Tri-City Mental Health Services, and Victor Valley Community College.

Jamie has a Human Resources Academy Certificate (HRAC) from California State University, Sacramento, and a Classification and Compensation Credential (CCC) from the California Department of Human Resources. She is a PMI Certified Associate in Project Management (CAPM). In addition, she holds certifications as a Paralegal, Life Coach, and Prosci Change Manager (PCM).

Agenda Packet Page 340 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 9 Jamie will provide Senior H.R. Associate support for this project, including classification analysis, interviews with employees and management, compensation data collection and analysis, internal job analysis, development of recommendations, and implementation strategies.

Arlene Marks Gibbs, BS, MPA, SPHR, IPMA-CP
Senior Associate
Arlene Gibbs possesses over thirty years of Human Resources management experience including spending over twenty years in the public sector working for both large and small education, municipal and special district organizations in California.

Her public sector experience includes serving as the Chief Human Resources Officer for San Diego State University which is the largest California State University campus with over 6,700 faculty and staff. While at San Diego State, Arlene led the HR Directors Committee for the 23 campus system of HR service delivery. Her experience also includes senior and executive HR management roles with several small and large public agencies including the City of San Jose, the City of Tustin as well as air and water/wastewater special districts.

Arlene’s experience includes all facets of Human Resources, Employee & Labor Relations. She is an experienced labor contract negotiator having negotiated many public sector labor agreements while serving as the Chief Spokesperson/Labor Negotiator. In addition, her experience includes managing recruitment and selection processes for all types of public sector positions, handling employee benefits functions, responding to labor and employee relations issues, coordinating classification and compensation studies, complying with labor laws, conducting personnel investigations, and managing a wide variety of general human resources functions.

Arlene holds a Masters’ Degree in Public Administration from California State University Northridge and a Bachelor of Science Degree in Business Administration with an emphasis in Labor Relations from California State University Long Beach. She also is certified as an IPMA-CP and as a Senior Professional in Human Resources (SPHR).

Arlene has also led and participated in local, regional as well as statewide efforts in small and large agencies with the League of California Cities, IPMA as well as serving as a resource for City, County, State and Local Boards, Councils, Committees and Commissions.

Some of the K&A classification and compensation projects Arlene has worked on include but are not limited to:
• Cities/Counties/Towns: County of Butte, City of Bellflower, City of Concord, City of Cupertino, Humboldt County, City of Los Altos, Town of Los Altos Hills, and the City of Pinole.
• Special Districts: Dublin San Ramon Services District, Garfield County Public Library District (CO), Coachella Valley Water District, Foothill De Anza Community College District, and the Los Angeles County Development Authority.

Cindy Harary, B.A.

Senior H.R. Associate
Cindy’s professional qualifications include over 32 years of experience in the Human Resources field, primarily in classification and compensation. She spent the first 11 years in the public sector working for the City of Whittier, California, where she started out in their Public Works Department before moving to the Human Resources Department. She gained experience in classification and compensation, Agenda Packet Page 341 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 10 recruitment and selection, employee training and development, labor relations, and general human resources administration.

For the next 16 years, Cindy worked as a Human Resources Consultant for a consulting firm where she specialized in conducting classification and compensation studies for multiple public sector agencies including cities, counties, and special districts as well as several private sector clients. Some of the Orange County Cities she worked on in partnership with other consultants at that firm were: Cities of Brea, Laguna Beach, Lake Forest, La Palma, Los Alamitos, Placentia, San Clemente, Stanton and Tustin. In Los Angeles County, her work includes: Cities of Corona, Downey, El Monte, Manhattan Beach, and Upland. Finally, in San Bernardino County she has worked on the City of Rancho Cucamonga.

Since joining Koff & Associates in 2015, Cindy has worked on Classification and/or Compensation studies for:
• Cities/Towns: Anaheim, Big Bear Lake, Campbell, Carmel, Corona, Danville, Davis, Indian Wells, Laguna Niguel, Los Altos, Manteca, Menifee, Murrieta, National City, San Diego, Santa Ana, Santa Barbara, Seal Beach, Tracy, Yucca Valley • Counties: Orange
• Education: Compton College
• Special Districts: Alameda Housing Authority, Altadena Library District, Bay Area Water Supply and Conservation Agency, Cosumnes Community Services District, Eastern Municipal Water District, Encina Wastewater Authority, Housing Authority of Alameda County, Housing Authority County of San Bernardino, Housing Authority for the County of Santa Barbara, Humboldt Waste Management Authority, Inland Empire Utilities Agency, Monte Vista Water District, North Coast County Water District, Orange County Fire Authority, Orange County Mosquito & Vector Control District, Oro Loma Sanitary District, Port of Hueneme, Rincon del Diablo Municipal Water District, Riverside County Transportation Commission, Santa Clarita Valley Water Agency, South Coast Air Quality Management District, Sweetwater Authority, Trabuco Canyon Water District, Vallecitos Water District, Water Replenishment District of Southern California, Western Municipal Water District
Cindy earned her B.A. degree in Broadcast Journalism at California State University, Long Beach.

Cindy will provide H.R. Associate support throughout this effort, including classification analysis, interviews with employees and management, compensation data collection and analysis, internal job analysis, development of recommendations, and implementation strategies.

Renate Tiner, B.Sc.

H.R. Associate
Renate’s professional qualifications include five years of both non-profit and private sector Human Resources experience. Starting in Human Resources administration and rising into Human Resources management, she gained experience in full-cycle recruitment, orientation and on-boarding, Health and Safety, Worker’s Compensation, licensing and accreditation, policy development, and general Human Resources administration.

Since joining Koff & Associates in 2017, Renate has worked on Classification and Compensation Studies for the following agencies:

Agenda Packet Page 342 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 11 • Cities: Bellflower, Concord, Cupertino, El Monte, Hillsborough, Los Altos, Mt. Shasta, Piedmont, Rohnert Park, San Diego, Sausalito, West Sacramento • Special Districts: Alameda County Transportation Commission, Bay Area Water Supply and Conservation Agency, Eastern Municipal Water District, Dublin-San Ramon Services District, Foothill-De Anza Community College District, Groveland Community Services District, Los Angeles County Employees Retirement Association, Metropolitan Transportation Commission, Midpeninsula Regional Open Space District, Port of Long Beach, Riverside Community College District, and San Joaquin County Superior Court Renate earned her B.Sc. degree in Psychology from the University of Northern British Columbia, in Prince George BC, Canada. She was a Canadian Human Resource Professional (CHRP) Candidate before moving to the United States.

She will provide H.R. Associate support throughout this effort, including classification analysis, interviews with employees and management, compensation data collection and analysis, internal job analysis, development of recommendations, and implementation strategies.

Agenda Packet Page 343 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 12 REFERENCES
Agency & Project Contact
City of Belmont (population: 27,140)
Total Compensation Study, completed 2019.

Ms. Corazon “Cora” Dino
Human Resources Director
(650) 637-2988
One Twin Pines Lane
Belmont, CA 94002
[email protected]
City of Concord (population: 129,783)
Total Compensation Study, completed 2019. Currently about to commence 2021 Study.

Total Compensation Study, completed 2016.

Ongoing classification and compensation work since 2016.

Ms. Jasmin Loi
Director of Human Resources
(925) 671-3310
1950 Parkside Drive, MS/30
Concord, CA 94519
[email protected]
City of East Palo Alto (population: 29,593)
Classification and Compensation Study, completed 2020.

Patty Francisco
Human Resources Manager
(949) 500-0436
Second Floor, 2415 University Ave.,
East Palo Alto, CA 94303
[email protected]
City of Elk Grove
Ongoing classification and compensation studies since 2020.

Ms. Kara Reddig
Deputy City Manager
City of Elk Grove
(916) 478-2249
8401 Laguna Palms Way
Elk Grove, CA 95758
[email protected]
Town of Hillsborough (population 11,447)
Classification and Compensation Study, completed in 2019.

Ms. Kristin Armbruster
Human Resources Manager
(650) 375-7502
1600 Floribunda Avenue
Hillsborough, CA 94010
[email protected]
City of Mt. Shasta (Population: 3,275)
Classification and Total Compensation Study, completed 2019.

Ms. Muriel Terrell
Finance Director
(530) 926-7510
305 N. Mt. Shasta Boulevard
Mt. Shasta, CA 96067
[email protected]
City of Napa (population: 80,000+)
Classification and Compensation Study for Street Division, completed 2020.

Classification Study, completed 2015.

Ms. Darlene Colaso
HR Director
(707) 257-9505
1541 Second Street
Napa, CA 94559
[email protected]
Agenda Packet Page 344 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 13 City of Oakland (population: 425,195)
Compensation Study for Local 21, and another Compensation Study for Local 1021, both completed 2017.

Currently working on a point-factor analysis of up to 600 classifications between the City of Oakland and the Port of Oakland, a department of the City, to determine whether they are “common.” (April 2020)
Mr. Ian Appleyard
Dir. of Human Resources Management
(510) 238-3112
150 Frank Ogawa Plaza, 2nd floor
Oakland, CA 94612
[email protected]
City of Palo Alto (population: 67,178)
Classification Study, completed 2020.

Various Compensation Studies from 2009 through 2018.

The Compensation Surveys we have completed have included as few as 35 benchmarks and as many as over 300 classifications representing close to 1,000 employees, including executive, senior, and mid-management, fire police and SEIU.

Ms. Sandra Blanch
Assistant Director, Human Resources
(650) 329-2376
250 Hamilton Ave.

Palo Alto, CA 94301
[email protected]
Town of Paradise (Population: 22,135)
Classification and Compensation Study, completed 2019.

Ms. Crystal Peters
Crystal Peters
Human Resources and Risk Manager
(530) 872-6291 x117
5555 Skyway
Paradise, CA 95969
[email protected]
City of Redwood City (population: 86,685)
Currently conducting several classification studies, 2021.

Compensation Study, 24 Executive Classes, completed 2018.

Classification Study, 24 classifications, completed 2018.

Classification Study, completed 2017.

Miscellaneous Classification Studies, since 2016.

Ms. Michelle Katsuyoshi
Human Resources Director
(650) 780-7288
1017 Middlefield Road
Redwood City, CA 94063
[email protected]
Note: Ms. Katsuyoshi was a reference for
K&A when she was at the City of Morgan
Hill. She is now at the City of Redwood City.

City of Sacramento (population: 501,901)
Multiple Classification and Compensation studies, 2009 – 2017.

Ms. Christen Snyder
Administrative Analyst
(916) 808-3148
951 “I” St., First Floor
Sacramento, CA 95814
[email protected]
City of San José (population: 1.035 million)
Standing contract with City to conduct classification and compensation studies.

Compensation Survey (Council Appointed Classifications), 2016.

Class Specification Update (69 Citywide Classifications), 2016.

Compensation Study, completed 2015.

Also: at least 20 executive and staff recruitments, 2013 - 2018.

Ms. Aracely Rodriguez
Division Manager
(408) 975-1411
200 E. Santa Clara St., 2nd Floor Wing
San José, CA 95113-1905
[email protected]
Note: at the time of the 2013-2016 studies Ms.

Sarah Nunes, HR Division Manager, was our
contact; she retired in April 2017 and is now
part of the K&A team.

Agenda Packet Page 345 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 14 City of Sausalito (population: 7,100)
Citywide Total Compensation Study (38 benchmarks, 12
comparators), completed 2019.

Completed a Total Comp study in 2014/2015.

Citywide Classification and Total Compensation Study, completed in 2012; December 2011 to May 2012.

Ms. Susan Paterson
HR Manager
(415) 805-7326
28 Liberty Ship Way, Ste. 2800
Sausalito, CA 94965
[email protected]
Note: Ms. Paterson is no longer with City of
Sausalito. She now serves as HR Manager for
Southern Marin Fire District where she can be
reached for a reference.

City of Tracy
Classification and Compensation Study; 410 employees, 140 classifications, October 2021;
Ms. JoAnn Weberg
Human Resources Manager
333 Civic Center Plaza
Tracy, CA 95376
(209)831-6158
[email protected]
Agenda Packet Page 346 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 15 EXECUTIVE SUMMARY, APPROACH, METHODOLOGY
The City desires human resources assistance in reviewing the existing City-wide job descriptions and compensation system (including all benefits), analyze the current jobs performed by employees, determine the correct market pay for each position, establish the market value of the employee benefits package, and provide a market analysis of the total compensation including salary and benefits. Recommendations for adjustment to pay and benefits are also desired.

The City currently employs approximately 158 full-time benefited employees, and approximately 133 parttime non-benefited employees. According to information provided during the Q&A process there are approximately 90 full-time and part-time classifications that are currently filled. Per the City’s full-time salary schedule, there are approximately 86 full-time classifications and we estimate approximately 25-30 parttime classifications. The break out of employees is approximately as follows:

Department Full-Time Part-Time
City Manager’s Office 9 5
Community Development 14 0
Finance 5 0
Fire 38 0
Police 53 4
Public Works 23 4
Recreation 16 120
The City currently maintains seven MOUs consisting of the following employee groups:
• El Cerrito Police Employees Association
• SEIU Local 1021
• United Professional Firefighters Local 1230
• Public Safety Management Association: Battalion Chief, Fire Chief, Police Chief and Police Management
The study’s first level of effort is to initially develop an updated and well-structured classification system and classification descriptions for all study positions that are legally compliant (including Fair Labor Standards Act (“FLSA”) and Americans with Disabilities Act (“ADA”) requirements), internally aligned, reflective of contemporary standards, and accurately descriptive of current roles, responsibilities, duties, and qualifications. The classification analysis process includes orientation and briefing sessions with employees, management, Human Resources, union representation, and other stakeholders, as appropriate; the completion of a position description questionnaire by employees; interviews with at least a representative sample of employees in each study classification; and interviews with supervisors and management to address any classification issues. All participating employees will be allocated to an appropriate classification; draft classification descriptions will be developed, and sent back to the City and incumbents for additional feedback and concurrence.

A second level of effort will be to review the City’s compensation structure for the studied classifications and to conduct a total compensation market survey (salaries plus benefits) using a set of appropriate comparator agencies. The identification of comparator agencies, benchmark classifications, and benefits to be collected is an iterative process that includes all stakeholders. We have found this open discussion philosophy to be critical to our success for organizational buy-in. Once the external data development is Agenda Packet Page 347 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 16 completed, we will make specific recommendations for internal equity for non-benchmarked classifications and classifications without a large enough market sampling.

The compensation study will contain specific recommendations regarding the integration of all study classifications into the City’s compensation structure, with the goal of developing a clearly designed, internally equitable format that is flexible for career opportunity and future growth. Our study will make recommendations regarding a salary structure that takes the City’s compensation preferences into consideration as well as the appropriate placement of each classification on the City’s salary schedule.

The study includes a significant number of meetings with the Study Project Team, Human Resources, employees, union representation, and the City Council, as desired. We have expertise in labor/management relations and understand the importance of active participation by all stakeholders to ensure a successful outcome. The meetings and “stakeholder touch-points” that we recommend ensure understanding of the project parameters, enhance accurate intake and output of information, and create a collaborative and interactive approach resulting in greater buy-in for study recommendations. This interactive approach has resulted in almost 100% implementation success of K&A’s studies.

The majority of our clients are unionized and our larger city and county clients typically have multiple unions. Due to the multitude of stakeholder groups who are affected by any compensation study K&A conducts, our team understands the importance of accurate and validated data that withstands any scrutiny, effective and ongoing communication throughout each effort, and collaboration with the various stakeholder groups to ensure organizational buy-in to our findings and recommendations. We have developed a unique methodology of stakeholder “touchpoints” and collaboration that has made us highly successful and effective and has earned our team respect, agreement, and understanding from all stakeholders. In addition, we adjust and customize our methodology based on each individual client’s unique needs and circumstances.

We also recognize that both the City and union representatives have obligations to employees and members to ensure that any study is conducted in a fair and equitable manner. Our project work plans are designed for transparency and we strongly encourage dialog with all stakeholders on study deliverables so they in turn can express their concerns; we all have a shared goal of ensuring the process followed is fair and equitable.

This intense and comprehensive stakeholder engagement and our transparent study processes are also a mechanism of quality control. The fact that our information, data, and recommendations have to be able to withstand utmost scrutiny by diverse stakeholders require an in-depth multi-step quality control process for deliverables. This involves K&A team member validation of classification analyses and compensation data, K&A Project Manager review of all classification and compensation analyses, recommendations and deliverables, and finally K&A Principal (Project Director) review of deliverables before submittal to the client.

Study Objectives
Classification Objectives:
 To analyze and update the City’s classification system and each study position’s classification description and structure through a comprehensive process of job analysis and evaluation, including review of existing documentation, position description questionnaire completion, employee interviews, management interviews, analysis of existing positions Agenda Packet Page 348 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 17 and working situations, analysis of levels of duties and responsibilities, and other professional methods, as appropriate;
 To recommend each study position for title change or reclassification (as appropriate), create new classifications (if applicable), eliminate outdated classifications (if applicable), and consolidate classifications assigned to similar functional areas (as appropriate);  To provide for growth and flexibility of assignment within the new classification structure, where feasible, in recognition that some job duties and responsibilities may evolve over time, as well as to provide adequate career paths and class series/job families that will foster career service within the City;
 To clearly state definitions of job classifications, the typical job functions, and minimum required and preferred/desired qualifications such as education, prior work experience, knowledge, skills, abilities, licenses, certifications, and physical demands and working conditions;
 To provide a classification structure that ensures regulatory compliance, including allocation of each study position to the correct classification with appropriate FLSA designation as well as meeting ADA and EEO regulations;  To provide for adequate educational, review, and appeal processes that will result in a product that is understood by all levels of personnel and is internally equitable; and  To ensure sufficient documentation and training throughout the study, on methods used to determine appropriate classification and level, methods for logical progression of movement between classifications, classification concepts and distinguishing characteristics, as well as the delivery of final reports and recommendations to guide the organization in implementing, managing, and maintaining the classification system.

Compensation Objectives:
 To make recommendations regarding a list of appropriate, logical and defensible comparator agencies, benchmark classifications, and benefits to be collected prior to beginning the compensation portion of the study;
 To collect accurate salary and benefit data from the approved group of comparator agencies and to ensure that the information is analyzed in a manner that is clear and comprehensible to the Study Project Team, Human Resources, management, employees, union representation, and the City Council;
 To carefully analyze the scope and level of duties and responsibilities, requirements for successful work performance, and other factors for survey classes, according to generally accepted compensation practices;
 To review the City’s compensation structure and practices and develop compensation recommendations that will assist the City in recruiting, motivating, and retaining competent staff;
 To develop solutions that address pay equity issues, analyze the financial impact of addressing pay equity issues, and create a market adjustment implementation strategy supporting the City’s goals, objectives, and budget considerations;  To evaluate benefit offerings in the labor market and make recommendations for better alignment and/or different benefit offerings as indicated by the analysis and best practices;
 To create a comprehensive final report summarizing the compensation study approach and methodology, analytical tools, findings, and recommended compensation structure; Agenda Packet Page 349 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 18  To recommend appropriate internal salary relationships and allocate classes to salary ranges in a comprehensive salary range plan; and
 To ensure sufficient documentation and training throughout the study, on methods used to determine appropriate salary ranges, methods for logical progression of movement within the salary scale for each classification, and other practices, so that our recommendations can be implemented and maintained in a competent and fair manner.

Overall Objectives:
 To review and understand all current documentation, rules, regulations, policies, budgets, procedures, class descriptions, organizational charts, memoranda of understanding, personnel policies, wage and salary schedules, and related information so that our recommendations can be operationally incorporated with a minimum of disruption;  To conduct start-up Study Project Team meetings with management, study project staff, and other stakeholders to discuss any specific concerns with respect to the development of classification and compensation recommendations; finalize study plans and timetables; conduct orientation sessions with management, union leadership, and staff in order to educate and explain the scope of the study and describe what are and are not reasonable study expectations and goals;
 To work collaboratively and effectively with the City and its stakeholders while at the same time maintaining control and objectivity in the conduct of the study;  To develop a classification and compensation structure that meets all legal requirements, that is totally non-discriminatory, and that easily accommodates organizational change, growth, and operational needs;
 To document all steps in the process and provide documentation and training for Human Resources and other staff, as appropriate, in classification and compensation analysis methodologies so that the City can integrate, maintain, administer, and defend any recommended changes after the initial implementation; and  To provide effective ongoing communications throughout the duration of the project and continued support after implementation.

Methodology / Work Plan / Deliverables
This section of the proposal identifies the actual work plan. We believe that our detailed explanation of methodology and work tasks clearly distinguishes our approach and comprehensiveness.

Our approach is to complete the classification and job evaluation before completing the compensation review. The reasons for this include:
 The description of the work performed and the requirements for that work are, in the minds of the employees and their supervisors, inextricably associated with the “worth of that work” or compensation, which is often a highly emotional issue. Separating the two phases of the study, even though elements of phases may be conducted concurrently, tends to produce more objective classification results.  The compensation review will be completed when there is a full understanding of the work of the City, thereby ensuring that the data developed from the labor market and the City’s classifications is accurate.

Given these parameters, our approach is as follows:

Agenda Packet Page 350 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 19 PHASE I: CLASSIFICATION STUDY
Deliverable A: Meetings with Study Project Team and Management Staff, Initial Documentation Review, and Development of Communications and Engagement Plan This phase includes identifying the City’s Study Project Team, contract administrator, and reporting relationships. Our team of Project Managers and H.R. Associates will conduct an orientation and briefing session with the Study Project Team to explain process and methodology; create the specific work plan and work schedule; identify subsequent tasks to be accomplished; reaffirm the primary objectives and specific end products; determine deadline dates for satisfactory completion of the overall assignment; determine who will be responsible for coordinating/scheduling communications with employees, management, union representation, and the City Council; and develop a timetable for conducting the same.

We will also conduct and initial meeting with Department Heads to provide information regarding study methodology, process, timing and logistics and provide them an opportunity to communicate any areas of concerns and pain points they may be experiencing with the current classification and compensation system.

Included in this task will be the gathering of written documentation, identifying current incumbents, and assembling current class descriptions, organizational charts, salary schedules, budgets, memoranda of understanding (“MOU”), personnel policies, previous classification and compensation studies, and any other relevant documentation to gain a general understanding of City operations.

City terminology and methods of current classification and compensation procedures, as well as the written questionnaire instrument for the classification study that will be used in the job analysis phase will be reviewed and agreed to. We will discuss methodology, agree to formats for class descriptions and compensation results, identify appropriate comparator agencies, benchmark classifications, and benefits to be surveyed for compensation survey purposes. We will respond to any questions that may arise from the various stakeholders.

We will develop a communications and engagement plan to foster organizational buy-in and acceptance of study outcomes and consultant recommendations throughout the project by District stakeholders including employees. The goal of the communications and engagement plan is to build positive and effective relationships with the study stakeholders and achieve consensus whenever possible and to strive to understand and take into consideration stakeholders’ ideas, opinions, desires, and issues, and to fully address their concerns. The variety of communication and engagement channels will help inform, consult, involve, collaborate with, and empower District stakeholders and ensure that our methodology and “stakeholder touch-points” are followed and executed at each study milestone.

We are committed to working closely with City study advisors (Human Resources, District leadership, employee representatives, if any, and other stakeholders) to understand the needs of the mutual constituencies (employees) and to ensure that the Study Project Team, K&A team, management, and any employee representatives meet the highest standards of stakeholder interaction, including communicating clearly, politely, honestly, and promptly, and treating everyone fairly, equally, and with respect. We understand that the positions included in this study are non-union and will work with the City’s HR and leadership team to determine how to best collaborate with the workforce whose body of work is being studied and evaluated.

The communications and engagement plan will be enable us to respond to questions or concerns in a timely and professional manner. Our typical communication model includes at least weekly or biweekly Agenda Packet Page 351 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 20 written status updates to keep the City informed on where we are for every element of the project. We have found that most communication can be managed through email and teleconferences. Of course, we are happy to travel onsite to City offices and locations as the current COVID-19 situation allows.

In addition, the study includes a significant number of meetings with the Study Project Team, Human Resources, management, employees, and the Board of Directors, as desired. The meetings and “stakeholder touchpoints” that we recommend ensure understanding of the project parameters, enhance accurate intake and output of information, and improve a collaborative and interactive approach that will result in greater buy-in for study recommendations. This interactive approach, although time-consuming, has resulted in almost 100% implementation success of K&A’s studies.

Deliverable B. Orientation Meetings with Employees
We will facilitate several orientation meetings with employees over the course of several days and distribute our Position Description Questionnaire (“PDQ”) to start the classification portion of the study.

While these meetings are not mandatory, they form the beginning of the educational process that continues throughout the study. We will discuss the importance of the employees’ involvement in the study and their participation in PDQ completion and job analysis interviews. Project processes will be explained, expectations will be clarified, and elements that are not a part of the study will also be covered.

Questions will be answered and a detailed explanation and examples for completing the PDQ will be given.

The Position Description Questionnaire (“PDQ”) will be discussed with the Study Project Team and customized as needed to meet the study objectives prior to distributing copies to employees.

Each PDQ will be handed out with the incumbent’s current class description attached to the questionnaire so the employee can use this as a tool for completing the questionnaire.

We suggest developing pre-populated PDQs to make it easier for incumbents to complete them. PDQs will be structured to include prepopulated tasks and knowledge and abilities statements which can be modified by employees. We generally prepare these pre-populated PDQ’s with duty statements from the client’s current classification descriptions, but we can also use tasks from our library of classification descriptions as needed, especially if the City’s classification descriptions have not been updated in a number of years. We have been very successful using pre-populated PDQs for public safety classifications for other cities we’ve worked with, partly due to the fact that public safety classifications often follow a consistent pattern and structure across most cities, so this approach seems to work very well. Prepopulated PDQs will also include suggested language that is compliant with AB 846 that we have used for other city clients.

In the past, we have typically conducted these orientation sessions in person, onsite, and at various client locations. We’re happy to do so, of course, as the current circumstance around the pandemic permits (i.e., in terms of guidance from state and local government officials). In case we are required to continue conducting business virtually for a period of time, we can provide the City with many technological options to ensure a smooth process, as we have with many of our clients during the last year. Examples include:
 Scheduling app: Purchasing a scheduling web application for employee orientation sessions where up to 100 people can attend a session; employees can choose a session date and time and receive a confirmation which populates their calendar, and sends them a meeting reminder; it also generates attendee lists.

Agenda Packet Page 352 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 21  Orientations: Providing more flexible options for employee orientation sessions by offering fewer options per day over a higher number of days to accommodate employee schedules; onsite meetings require a larger number of daily sessions over a more limited number of days.  FAQs: Preparing a series of FAQ's for each study which are made available to employees after the orientation sessions.
 Recording meetings: Videotaping our employee orientation sessions (we also do this for onsite sessions) for employees who cannot attend a session; or simply recording a video-conference orientation session that employees could watch later.
 Chat lines: Training our staff on the use of communication tools such as chat lines; we intersperse our employee orientation session presentations with multiple points when questions can be asked.
 Post-meeting help: Remaining in the orientation session for about 5-10 minutes after it has "officially" ended in the event some employees want to stay behind to ask questions.  Safeguards: For employee interviews, as we generally do, we prepare the schedules of dates and times for each employee and the client coordinates scheduling employees with departments, using agreed upon meeting options for employees. Safeguards are in place to ensure that only the employee/ employees (for group interviews) in that time slot can access the meeting, such as virtual "waiting rooms."
 Telephone support: Providing a direct telephone number for the K&A Project Manager to departments in the event there are scheduling or access issues.  Time between meetings: Scheduling 10-15 minutes between meetings, versus on-site back to back meetings; this change results in slightly fewer meetings per day, but provides a less "hurried" nature to the meetings; and because the meetings are not onsite, clients do not need to reserve multiple meeting rooms for multiple days.

Our clients have received these operational changes very positively. We continue to ask our clients for feedback so we can implement continuous improvements. We recognize not all clients have the same technology as we do, which means we must provide viable technology options. While we provide multiple options, the expertise of our associates in asking relevant and probing questions of each study participant to better understand each employee's work is critical to the job evaluation interview process (see more information regarding employee interviews below). Our client-centric approach and methodology does not change with the venue.

Deliverable C. Collection and Review of PDQs
We recommend giving employees in the same classification the option of collaborating on completing a PDQ together, if the employees so choose. At the same time, we will invite employees to complete an individual PDQ if they prefer and if they wish to be interviewed separately. We provide an electronic version of our questionnaire so that employees can more easily complete it. Employees complete the questionnaire and then send it to their supervisor for review, comment, and signature. We typically require a second level of review by the next level of management in the reporting structure. This ensures that all staff have an opportunity to provide information as to what the nature of the job is for each job classification.

Upon receipt of the PDQs in our office, K&A staff will review and analyze the PDQs in detail along with other documentation to obtain an understanding of the duties and responsibilities assigned to each position.

Agenda Packet Page 353 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 22 Deliverable D. Interviews with Employees, Supervisors, and Management Interviews will be scheduled with employees. Because this is a critical step in the information-gathering and educational process, we recommend scheduling interviews with at least a representative sample of employees in each classification that will be included in the study. Typically, we employ the following approach and interview:
 All employees in single-position classifications;
 An adequate sampling of employees in multiple-position classifications; and  Any employee who requests an interview.

We will offer employees the option to be interviewed in a focus group session with incumbents in the same classification or to request an individual interview if they prefer. We recommend individual interviews only if the employee wants to discuss certain issues (e.g., out of class responsibilities, etc.) in privacy with the consultant.

Interviews will then be held with supervisory and management staff (division managers, department heads, etc.), who will clarify their own responsibilities and/or confirm the information we have received in the interviews with their staff (we allow more time for these interviews).

The purpose of the interviews is to clarify and supplement the questionnaire data and to respond to potential perception differences regarding roles, tasks, scope, and supervisory responsibilities. The appropriateness of the following will be assessed:
 Work being completed and relationships of positions to each other within a division/department as well as across the organization; and  Classification structure and reporting structure.

Deliverable E. Classification Concept and Preliminary Allocation Prior to developing detailed class descriptions, our job evaluation will result in a classification concept and employee allocation document that will be submitted to the City for review and approval. We will compare changes in business need and operations, as well as any reorganizations, with the established classification system and job families as well as review internal relationships between classificationsto define the reasons for, and effects of, the proposed changes.

Our job analysis method is the whole position analysis approach. Objective factors in the whole position job analysis methodology include:

1. Decision making/judgment

2. Difficulty and complexity of work

3. Supervisory responsibilities

4. Non-supervisory responsibilities

5. Minimum qualifications

6. Working conditions/risk factors

7. Contacts
This document will list broad class concepts and highlight where significant changes may be recommended, such as creating or collapsing class series in the same functional area and/or separating or combining classifications assigned to different functional areas. We will review and analyze potential career ladders and promotional opportunities, including clearly delineated and distinguished levels within classification Agenda Packet Page 354 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 23 series. We will also review and update established titling guidelines for the studied classifications for appropriate and consistent titling.

A detailed, incumbent-specific allocation list for each position included in the study will be prepared, specifying current and proposed classification title and the impact of our recommendations (reclassification – upgrade or downgrade, title change, or no change).

After we have completed this process, a meeting will be arranged to review any recommended changes to the classification plan with the Study Project Team.

Deliverable F. Draft Class Description Development
After preliminary approval of the class concepts and allocation lists, new and/or updated class descriptions will be developed for each proposed classification, following the format approved by the City.

From the review of the PDQs and employee interviews, we will update duties, responsibilities, and minimum qualifications of each class specification, as necessary. We will develop new class specifications if duties, responsibilities, and minimum qualifications have changed significantly, and/or if we recommend new classifications/class levels, and/or if operational changes, business needs, or reorganizations, have occurred.

Following EEO Uniform Guidelines, we will review, analyze, and update, as appropriate, knowledge, skills, abilities, education and experience, position definitions, purpose, distinguishing characteristics, supervision received and exercised, position functions and special requirements including licensing and certifications that are required and desirable. We will address relevance and hierarchical consistency of each classification and each class series.

We will also review and update physical demands based on the most typical job functions of each classification in accordance with the ADA.

Finally, we will review each classification’s typical job functions and determine exempt vs. non-exempt status in accordance with “white collar” exemptions under the FLSA.

Deliverable G. Facilitation of Draft Class Description Review and Employee Feedback Process A draft copy of the revised/new class description with allocation recommendation will be submitted to the Project Team and subsequently to each manager, supervisor, and employee, to give each stakeholder group an opportunity to provide comments and concerns regarding any modifications to the classification structure and specifications. Our experience has been that this is one of the most critical phases of the project (as well as one of the most time-consuming). Our proactive and effective communication process at this juncture has always avoided formal appeals, adversarial meetings, or major conflicts at the conclusion of our studies.

We will work with the study’s stakeholder groups, including employee representation, to determine the best approach to reviewing the draft classification specifications, and how to provide feedback to us.

Supervisors and managers typically receive a copy of their employees’ draft class descriptions and will be asked to review their employees’ comments and feedback to verify and concur with, or recommend changes to, the information provided.

Agenda Packet Page 355 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 24 Significant employee comments will be reviewed with management prior to making any significant changes to the proposed class plan. These discussions will be by email, telephone, or additional direct personal contact with employees, depending upon the extent of the response.

Allocation and/or class description changes will be made as required and the class specifications will be finalized and submitted for approval. All employees who submitted their comments during the review process will be notified in writing regarding the outcome of their concerns.

Deliverable H. Classification Plan and Draft of Interim Report and Final Report A Draft Interim Report of the Classification Study will be completed and submitted to the Study Project Team for review and comment. The report will contain:
 Classification recommendations for each studied position, including documentation regarding study goals and objectives, classification methodology, approach, and process as well as all findings, analysis, and resulting recommendations;  The recommended allocation list, classification title changes, job family and career ladder/career growth issues, reporting relationships, and other factors will all be included;
 The recommended classification structure will be in alignment with current business/ operational needs of the City; and
 Classification concepts and guidelines as well as methods used to determine appropriate classification and level, methods for logical progression of movement between classifications, distinguishing characteristics and other pertinent information for implementation and continued maintenance of the recommendations will be detailed.

Once we have received the City’s comments regarding the Draft Interim Report and have made any necessary changes, a Final Classification Report will be developed.

PHASE II: TOTAL COMPENSATION STUDY
Deliverable A. List of Comparator Agencies, Benchmark Classifications, and Benefits to be Collected During the initial meeting with the Study Project Team, we will discuss and agree to the compensation study factors. We will identify/confirm appropriate, logical and defensible comparator agencies that will be included in the external market survey, which will be the foundation for ensuring that the City’s salaries for the studied classifications are competitively aligned with the external labor market. We will also identify/confirm those classifications that will be surveyed in the market (i.e., benchmark classifications), with the intention of internally aligning the remaining classifications with those that were surveyed.

Finally, we will determine the list of benefits that the City wants to include in the total compensation data gathering process.

1. Determination of Comparator Agencies
The selection of comparator agencies is a critical step in the study process. We typically use the following factors to identify appropriate comparators and will receive approval before proceeding with the total compensation study.

Our recommended methodology is that we involve management, Human Resources, employee representation, and the City Council, in the decision-making process of selecting which Agenda Packet Page 356 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 25 comparable agencies are included, PRIOR to beginning the study. Our experience has shown that this is the most successful approach. The factors that we typically review when selecting and recommending appropriate comparator agencies include:
 Organizational type and structure – While various organizations may provide overlapping services and employ some staff having similar duties and responsibilities, the role of each organization is somewhat unique, particularly in regard to its relationship to the citizens it serves and level of service expectation. During this iterative process, the City’s current/ previous list of comparators, if any, and the advantages/disadvantages of including them or others would be discussed.
 Similarity of population served, City demographics, City staff, and operational budgets – These elements provide guidelines in relation to resources required (staff and funding) and available for the provision of services.
 Scope of services provided – While having an organization that provides all of the services at the same level of citizen expectation is ideal for comparators, as long as the majority of services are provided in a similar manner, sufficient data should be available for analysis.

When reviewing this factor, the City’s unique services would be evaluated in order to ensure that the majority of comparators provide the same services. This ensures that each comparator yields a sufficient number of matches for the City’s jobs.  Labor market – The reality of today’s labor market is that many agencies are in competition for the same pool of qualified employees, because large portions of the workforce don’t live in the communities they serve, are accustomed to lengthy commutes, and are more likely to consider changing jobs in a larger geographic area than in the past. Therefore, the geographic labor market area (where the City may be recruiting from or losing employees to) is taken into consideration when selecting potential comparator organizations. As part of this analysis, we will determine whether the City has identified agencies that it competes with for qualified talent; those agencies are taken into consideration for purposes of our analysis. It is important to understand and consider the City’s competitive landscape and include agencies in the study to whom the City loses talent.
 Cost-of-living – The price of housing and other cost-of-living related issues are some of the biggest factors in determining labor markets. We review overall cost-of-living of various geographic areas, median house prices, and median household incomes to determine the appropriateness of various potential comparator agencies.

We typically recommend using 10-12 comparator agencies for all survey benchmarks in order to achieve statistical significance but are flexible and can easily use a different approach based on the City’s preferences.

The City is also interested in including private sector employers in the survey. When it comes to private sector data, we work with purchased surveys that can supplement the public sector market data to represent the private sector. We use this approach because it is very unlikely that individual private sector employers will share their proprietary compensation data (we have tried and not had much luck with this approach previously); hence, we have to rely on purchased surveys and cannot survey individual employers.

We recommend using one or two surveys as one/two of the data points for the study, to supplement the comparator agencies. In the public sector, we have the luxury of developing surveys that are custom tailored to each specific agency, due to compensation data being publicly Agenda Packet Page 357 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 26 available. This ensures a detailed analysis of each benchmark classification surveyed. While private sector surveys typically only provide very general descriptions and analyses of benchmarks, one or two data points from purchased, or otherwise available, surveys can be an informative complement to the public sector survey. We have utilized the Economic Research Institute's (“ERI”) compensation survey, as well as its cost of labor and cost of living indices over the years. In addition, we have used data published by the Bureau of Labor Statistics. We are happy to discuss this approach with the City in more detail.

2. Determination of Benchmark Classifications
In the same collaborative manner as described in Step 1 above, we will work with the City’s stakeholders to select those classifications that will be surveyed. “Benchmark classes” are ordinarily chosen to reflect a broad spectrum of class levels. In addition, those that are selected normally include classes that are most likely to be found in other similar agencies, and therefore provide a sufficient valid data sample for analysis. Internal relationships will be determined between the benchmarked and non-benchmarked classifications and internal equity alignments will be made for salary recommendation purposes. Due to the fact that the labor market typically yields reliable data, we recommend using approximately 60-65% of all classifications as benchmarks but we are happy to use a different model.

3. Determination of Salary and Benefits Data to Be Collected In addition to base salaries, benefit data elements for a total compensation study normally include at least the following (which are generally available to all staff in a specific job classification):
 Monthly Salary – The top of the normal, published salary range. All figures are presented on a monthly or annual basis. We normalize the salary data to reflect number of hours in the work week and/or roll-up of retirement or other benefits in base salaries.  Employee Retirement – This includes two figures: the amount of the employee’s State or other public or private retirement contribution that is contributed by the agency and the amount of the agency’s Social Security contribution.
 Retiree Healthcare – Given that healthcare costs are rising and retiree healthcare and liabilities increasing for many public agencies, we collect this information to capture the costs.  Insurance – This typically includes Health, Dental, Vision, and other insurance coverage.  Leave – Other than sick leave, which is usage-based, leave is the amount of days off for which the organization is obligated. We will discuss with the City whether leave days/hours should be converted to direct salary cost in dollars or represented in days/hours.  Vacation: The number of vacation days available to all employees after five years of employment.
 Holidays: The number of holidays (including floating) available to the employee on an annual basis.
 Administrative/Personal Leave: Administrative leave is normally the number of days available to management staff to compensate for the lack of payment for overtime.

Personal leave may be available to other groups of employees to augment vacation or other time off.
 Deferred Compensation – We report any employer contribution made on the employee’s behalf, whether dollar amount or percentage of salary, that does not require an employeeAgenda Packet Page 358 of 475 Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 27 matching contribution. We can also report employer contributions that do require an employee match and would do so as a separate report.
 Other – This category includes any other benefits that are available to all employees within a classification and not already specifically detailed.

Deliverable B. Data from Comparators and Preliminary Analysis of Data K&A does not collect market compensation data by merely sending out a written questionnaire. We find that such questionnaires are often delegated to the individual in the department with the least experience in the organization and given a low priority. Our experienced compensation analysts conduct all of the data collection and analysis to ensure validity of the data and quality control. This approach also ensures that we compare job description to job description and not just job titles, therefore ensuring true “matches” of at least 70%, which is the percentage we use to determine whether to include a comparator classification or not.

As mentioned above in the Classification methodology, our job analysis method is the whole position analysis approach.

We typically collect classification descriptions, organization charts, salary schedules, personnel policies, budgets, master plans, operational information, MOUs, and other information via website, by telephone, or by an onsite interview. With the prior knowledge from the data gathered directly from each comparator agency and our experience in the public sector human resources field, our compensation analysts make preliminary “matches” and then schedules appointments by telephone, or sometimes in person, with knowledgeable individuals to answer specific questions. We find that information collected using these methods has a very high validity rate and allows us to substantiate the data for employees, management, and governing bodies.

Data will be entered into spreadsheet format designed for ease of interpretation and use. The information will be presented in a format that will identify the comparator positions used for each classification comparison. Information will be calculated based upon both average and median figures allowing the City to make informed compensation decisions. Other elements of the compensation survey report are agencies surveyed; comparable class titles; salary range maximum/control point; number of observations; and percent of the City’s salary range is above/below the market values.

In addition, we will include any type of statistical representation and analysis that the City desires such as 60th, 70th, or any other percentiles per the City’s compensation philosophy.

Benefits data will be displayed in an easy-to-read format. You will receive three sets of spreadsheets per classification, one with base pay, one with the benefits detail, and one with total compensation statistical data. In addition, we are often asked to collect “other” benefits (as listed in the benefits section above), which we typically report on a separate spreadsheet.

Deliverable C. Draft Compensation Findings/Additional Analysis/Study Project Team Meetings As part of our transparent approach and communication strategy to ensure organizational buy-in to the study, we share the market survey with the organization. We first distribute our draft findings to the Study Project Team. After their preliminary review, K&A will meet with the Study Project Team and other stakeholders (including Human Resources, management, employees) to clarify data, to receive requests for reanalysis of certain comparators, and to answer questions and address concerns. This provides an Agenda Packet Page 359 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 28 opportunity for the Study Project Team and other stakeholders to review and question any of our recommended benchmark comparator matches. If questions arise, we conduct follow-up analysis to reconfirm our original analysis and/or make corrections as appropriate.

Deliverable D. Analysis of Internal Relationships and Alignment To determine internal equity for all studied positions, considerable attention will be given to this phase of the project. It is necessary to develop an internal position hierarchy based on the organizational value of each classification. Again, we utilize the whole position analysis methodology as described earlier.

By reviewing those factors, we will make recommendations regarding vertical salary differentials between classes in a class series, for example, as well as across departments. This analysis will be integrated with the results of the compensation survey and the City’s existing compensation plan.

The ultimate goal of this critical step in the process is to address any potential internal equity issues and concerns with the current compensation system, including compaction issues between certain classifications. We will create a sound and logical compensation structure for the various levels within each class series, so that career ladders are not only reflected in the classification system but also in the compensation system, with pay differentials between levels that allow employees to progress on a clear path of career growth and development. Career ladders will be looked at vertically, as well as horizontally, to reflect the City’s classification structure that was developed during the classification phase of the study.

Deliverable E. Compensation Structure and Implementation Plan Depending on data developed as a result of the internal analysis, we will review and make recommendations regarding internal alignment and the salary structure (set of salary ranges, salary differentials, steps within ranges, and/or alternative compensation plans) within which the classes are allocated, based upon the City’s preferred compensation model. In addition, we will develop externally competitive benefit comparisons for all classifications. We will also assist the City in developing a compensation philosophy and practices relative to the surveyed public jurisdictions, if desired. Finally, we will develop a proposed implementation plan based on the study results and recommendations.

We will conduct a competitive pay analysis using the market data gathered to assist in the determination of external pay equity and the recommendation of a new base compensation structure, if desired. We will conduct a comparative analysis to illustrate the relationships between current pay practices and the newly determined market conditions and develop solutions to address pay equity issues, analyze the financial impact of addressing pay equity issues, and create a market adjustment implementation strategy supporting City goals, objectives, and budget considerations.

Draft recommendations will be discussed with the Study Project Team and management for discussions and decisions on overall pay philosophy and the practicality of acceptance and prior to developing an Interim Report.

Deliverable F. Final Report and Guidelines for Implementation Volume II (Draft Interim Report of the Compensation Study) will be completed and submitted to the Study Project Team for review and comment. The report will provide detailed compensation findings, documentation, and recommendations. The report will include:
 An executive summary of the compensation study results;  A set of all market data spreadsheets;
Agenda Packet Page 360 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 29  A proposed Salary Range Placement document;
 A procedure to address employees whose base pay exceeds the maximum of their newly assigned pay range;
 Implementation issues and cost projections surrounding our recommendations; and  A guide for rules, policies and procedures for the City in implementing, managing and maintaining the compensation system, as appropriate.

Once all of the City’s questions/concerns are addressed and discussed, a Final Classification and Compensation Report will be created and submitted in the City’s preferred format. The Final Report will incorporate any appropriate revisions identified and submitted during the review of the draft report.

Deliverable G. Formal Appeals Process
Should the City have an formal appeals process regarding the allocation of positions to classifications and of classifications to salary ranges, this proposal does not cover time regarding a formal appeal process.

Should our on-site participation be desired, our stated composite hourly rate will be honored. As mentioned above, however, our internal process usually addresses any of these issues.

Deliverable H. Final Presentation
Our proposal includes multiple meetings and weekly oral and written status/progress updates to the Study Project Team. Regarding the involvement of the City Council, etc., we recommend at least one initial meeting to confirm/identify the comparator agencies to be included in the study, one interim study session (to discuss the initial findings of the compensation study), and one final presentation of our Final Report. Of course, we are flexible regarding having more or less interaction with the Council, based on the City’s preferences.
 Expectations of City Support:

In order to conduct this study in the most timely and cost-effective manner, we ask for support in the following areas:
 Timely provision of written documentation, such as current class specifications, union contracts, organizational charts, budget documents, requests for audits, past studies, etc.;  Assistance in the notification and scheduling of orientation and other meetings and the provision of adequate interview space and resources;
 Assistance in the compilation of current descriptions with the PDQ; collecting and forwarding questionnaires; and in ensuring that materials are complete and returned in a timely manner;  Assistance in scheduling study project team, bargaining unit, management, employee audit, and other meetings; and
 Meeting agreed-upon timelines.

In terms of time commitment for City staff, we understand that the City hires an outside consultant to conduct and coordinate the entire effort. Therefore, it is our goal to reduce the time commitment of City staff as much as possible and to only request assistance in the coordination of some of the steps in the process, such as scheduling employee orientation meetings, duplicating PDQs, scheduling employee interviews/desk audits, disseminating information, and in general, being a channel of communication between our firm and employees.

Agenda Packet Page 361 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 30  Communication with the City:

Our typical communication model includes at least weekly or biweekly written status updates to keep the City informed on where we are during each phase of the project.

In addition, the study includes a significant number of meetings with the Study Project Team, human resources, management, employees, employee representation, and the City Council, as desired. The meetings and “stakeholder touch-points” that we recommend ensure understanding of the project parameters, enhance accurate intake and output of information, and foster a collaborative and interactive approach that will result in greater buy-in for study recommendations. This interactive approach, although time-consuming, has resulted in almost 100% implementation success of K&A’s studies.  Post-Implementation Consultation and Support:

We are committed to providing the City with the highest-quality product and service. Providing ongoing consultation and support after study implementation is a service that is included in our professional fees and a continued relationship-building aspect of our client relationship that we highly value.

We often find that clients will call or email with follow-up questions and to discuss certain aspects of the study, ask why decisions and recommendations were made, and other important components of the study. We consider post-implementation support as part of our customer service.

Should the City request any additional onsite meetings and/or training after implementation of the study and/or other specific, identifiable work efforts, such as position reclassification studies, creating new class descriptions, or conducting annual surveys, we would honor our composite hourly rate for actual hours spent at the City. However, from experience, we expect that most follow-up support will be conducted via telephone and email and this is absolutely included in our “Not To Exceed Fee” for this project.  Stakeholder Engagement:

The meetings and communications with stakeholders that we recommend ensure understanding of the project parameters, enhance accurate intake and output of information, and encourage a collaborative and interactive approach that will result in greater buy-in for study recommendations. This interactive approach, although time-consuming, has resulted in almost 100% implementation success of K&A’s studies.

We believe in an interactive and collaborative process with the whole organization and in a high level of stakeholder contact and interaction to ensure organizational buy-in of the study throughout the entire process. Following are the major milestones at which we touch base with Human Resources, employees, managers, and other stakeholders, as appropriate:
 Initial study kick-off and employee/management orientation meetings;  PDQ completion and review;
 Employee and management interviews;
 Employee, management, and Human Resources review of draft class descriptions;  Contact with employees and management to address final classification issues;  Stakeholder input regarding a list of appropriate comparator agencies, benchmark classifications, and benefits to be collected;
Agenda Packet Page 362 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 31  City stakeholder review of compensation study data and contact with them to address any challenges to the market comparables we identified for each classification;  Stakeholder input on internal salary relationship analysis and recommendations; and  Stakeholder input regarding final compensation plans and structure recommendations.

These steps will ensure that the study results in a product that is accepted and trusted by all levels within the organization. Beyond sound mechanics, our approach includes sufficient communication steps to ensure that the study methodology is understood and the results are regarded as expert, impartial, and fair.

Agenda Packet Page 363 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 32 TIME REQUIREMENTS
Our professional experience is that classification and total compensation studies of this scope and for this size organization take approximately six to eight months to complete, allowing for adequate PDQ completion, interview time, classification description review and/or development, compensation data collection and analysis, review steps by the City, the development of final reports, any appeals, and presentations. Therefore, assuming a start date in September we could see a completion by March or April of 2023. .

The following is a suggested timeline (which can be modified based on the City’s needs):

Deliverable PHASE I:

Comprehensive Classification Study Week #
A. Meetings with Study Project Team and Management Staff and Initial Documentation Review Week 1
B. Orientation Meetings with Employees and Distribution of PDQ Week 2 C. Collection and Review of PDQs Week 8
D. Interviews with Employees, Supervisors, and Management Week 11 E. Classification Concept & Preliminary Allocation Week 14 F Draft Class Description Development Week 22
G Facilitation of Draft Class Description Review and Employee Feedback Process Week 26
H. Classification Plan and Draft of Interim Report and Final Report Week 28 Deliverable PHASE II:

Total Compensation Study Week #
A. List of Comparator Agencies, Benchmark Classifications, and Benefits to be Collected Week 1
B. Data from Comparators and Preliminary Analysis of Data Week 28 C. Draft Compensation Findings/Additional Analysis/Study Project Team Meetings Week 30
D. Analysis of Internal Relationships and Alignment Week 31 E. Compensation Structure and Implementation Plan Week 31 F. Final Report and Guidelines for Implementation Week 32 G. Formal Appeals Process * As Needed
H. Final Presentation As Scheduled
Agenda Packet Page 364 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 33 COST PROPOSAL
We have often found our process requires a very high level of time commitment, which sometimes results in a higher proposal cost. We believe that our methodology and implementation success rate is attributable to the significantly greater level of contact we have with employees, management, and the governing body. The time we commit to working with the employees (orientations and briefings, meetings with employees via personal interviews, sharing of compensation survey data, informal appeal process, etc.) results in significantly greater buy-in throughout the process and no formal appeals at the end of the study.

In fact, our firm has only had a handful of formal appeals to any of our studies in our 38 years in business.

It has been our experience that the money and time invested in stakeholder communication throughout the study are money and time saved during implementation. Numerous times our firm has been hired after an agency has gone through an unsuccessful study whose results were rejected or appealed and whose implementation was very controversial. The result was a divided organization with hostility and animosity between employees and management. Whenever our firm was hired after such an unfortunate experience, study stakeholders were amazed at our open and all-inclusive process, our efforts to elicit equal stakeholder input, and our development of recommendations that were accepted as fair and reasonable and understood by management, employees, and the governing body. Our success rate is also attributable to the fact that we have 38 years of experience working with employees of all types of backgrounds, educational levels, and work experiences, and we are accustomed to successfully communicating with and educating them throughout the process. It is imperative that all employees eventually buy into the study results and recommendations, whether they have been through a process like this before or whether this is the first time for them.

Our clients always provide feedback that our process was professional, comprehensive, understandable, timely, and inclusive. Employees, although not necessarily always happy with our recommendations, have always indicated that we listened to their issues and concerns, were available for discussion, and able to provide documentation and data to support our recommendations. Although time consuming, we also drive the process to ensure that timelines are met and schedules are maintained.

For purposes for this cost proposal, we assume that, due to COVID-19, all meetings and presentations will be conducted virtually and not onsite travel will occur. We have several technological solutions that can easily facilitate the entire process. Of course, if the travel situation should change, we are more than happy to travel onsite to City offices, as needed, and adjust our cost proposal accordingly.

Due to COVID-19, K&A and all of our clients have become accustomed to conducting all of our organizational, classification, and compensation studies virtually. From the experience of the last yearand-a-half, we have learned that studies can be conducted successfully by using virtual and remote technologies. We have also learned that this represents a significant cost savings for our clients, both in terms of consultant travel time and travel expenses, as well as less disruption and reduced nonproductivity for the client’s workforce. We have several technological solutions that can easily facilitate the entire process (see proposal narrative above). Conducting meetings and orientations virtually means that the client’s employees do not have to spend time traveling from one location to another and will not be pulled away from their workstations for lengthy periods of time. They can simply click on a link or call Agenda Packet Page 365 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 34 in from a phone to participate. This approach also represents significantly less logistical planning on part of the client in order to reserve meeting rooms and making space available for large employee groups, as well as multiple consultants coming onsite to conduct interviews within a condensed period of time.

Conducting orientations and interviews virtually provides us with much more flexibility in scheduling and accommodating multiple different shifts and schedules among a large workforce.

In addition, K&A strives to be as “green” an organization as possible and we are certainly concerned about our carbon footprint. We find that multiple trips to client sites that can sometimes involve multiple consultants flying on planes and/or driving cars, is not as environmentally conscious as we would like to be. Considering the effectiveness of virtual meetings, especially when meetings are only one hour or oneand-a-half hours at a time, onsite travel does appear to create a larger footprint than necessary. This can especially be true for final presentations to leadership teams that are often less than 60 minutes long.

The cost proposal below includes two options depending on scope of work to provide the City with a cost comparison based on the number of classifications, number of employees, and number of comparator agencies surveyed for the compensation study. Of course, the City may select any combination thereof and we are open to negotiating another option if it better serves the City. We hope to be able to negotiate a scope of work and cost option that best serves the City’s needs.

Deliverables
Phase 1: Classification Study
158 full-time & 133 part-time employees
Approximately 110-115 Classifications
Option 1:

Hours
Option
2: Hours
A. Meetings with Study Project Team and Management Staff and Initial Documentation Review 12 12
B. Orientation Meetings with Employees and Distribution of PDQ 12 12 C.

Collection and Review of PDQs
Option 1: Assumes 1 individual or group PDQ for each of the currently filled 90 full-time and part-time classifications plus 20% of approximately 291 full-time and part-time employees submitting individual PDQs (for a total of approximately 150 PDQs) Option 2: Assumes 1 individual or group PDQ for each of the approximatley 115 full-time and part-time classifications plus 30% of approximately 291 full-time and part-time employees submitting individual PDQs (for a total of approximately 200 PDQs) 55 70
D.

Interviews with Employees, Supervisors, and Management
Option 1: Assumes 1 individual or group interview per each of the currently filled 90 full-time and part-time classifications plus 20% of approximately 291 full-time and part-time employees requesting individual interviews (for a total of approximately 150 interviews) Option 2: Assumes 1 individual or group interview per each of the approximatley 115 full-time and part-time classifications plus 30% of approximately 291 full-time and part-time employees requesting individual interviews (for a total of approximately 200 interviews) 110 140
E. Classification Concept & Preliminary Allocation 90 90 F.

Draft Class Description Development
Option 1: Assumes that up to 100 classifications will be developed Option 3: Assumes that up to 115 class descriptions will be developed 250 290
Agenda Packet Page 366 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 35 G. Facilitation of Draft Class Description Review and Employee Feedback Process 60 70
H. Classification Plan and Draft of Interim Report and Final Report 16 16 Total Professional Hours – Classification 605 700
Combined professional and clerical composite rate: $170/Hour $102,850 $119,000 Deliver
ables
PHASE II:

Total Compensation Study
Option 1:

Hours
Option
2: Hours
A. List of Comparator Agencies, Benchmark Classifications, and Benefits to be Collected 20 20
B.

Data from Comparators and Preliminary Analysis of Data
Option 1: up to 65 benchmarks (assuming up to 100 classifications will be developed in Phase I, approx. 65% of those classes); 10 comparators; and total compensation (salaries plus benefits)
Option 2: up to 75 benchmarks (assuming up to 115 classifications will be developed in Phase I, approx. 65% of those classes); 12 comparators; and total compensation (salaries plus benefits)
230 290
C. Draft Compensation Findings/Additional Analysis/Study Project Team Meetings 45 55
D. Analysis of Internal Relationships and Alignment 12 12 E. Compensation Structure and Implementation Plan 16 16 F. Final Report and Guidelines for Implementation 16 16 G. Formal Appeals Process * 0 0
H. Final Presentation 8 8
Anticipated hours for additional unscheduled meetings and phone calls 12 16 Total Professional Hours – Compensation 359 433
Combined professional and clerical composite rate: $170/Hour $61,030 $73,610 Expenses are included in the composite hourly rate: N/A N/A Expenses include but are not limited to duplicating documents, binding reports, phone, supplies, postage, parking, meals, etc.

TOTAL PROJECT COST NOT TO EXCEED: $163,880 $192,610
*Additional consulting will be honored at composite rate ($170/hr) Agenda Packet Page 367 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 36 CONTRACTUAL CONSIDERATIONS
We will be pleased to sign the City’s professional services agreement for a Classification and Compensation Study. We respectfully request that the City will allow for a period of negotiation of certain terms in the professional services contract related to liability, indemnity, insurance, and other terms. We have found that we have always come to an agreement with all of our clients in the past and appreciate the City’s flexibility in reviewing certain terms in a collaborative fashion between our legal counsels.

The following are terms we would like to review with the City if we are fortunate to be selected for this project:
• Section 6 (PDF Page 4) and Contractual Issues (PDF Page 6) - Gallagher requests to have the ability to negotiate proposed contract terms.
• Section 5 (PDF Page 13) – We request that indemnification be limited to grossly negligent acts and omissions, breaches of the contract, intentional misconduct, or violations of law. • Section 5 (PDF Page 13) -We request a limitation of liability of fees paid needs to be added to the indemnification provision.
• Section 9.1 (PDF Page 16) – We wish to clarify that Gallagher will retain sole and exclusive ownership of all right, title and interest in and to its intellectual property and derivatives thereof which no data or confidential information of City was used to create and which was developed entirely using Gallagher’s own resources. To the extent Gallagher’s intellectual property is necessary for City to use the services provided, Gallagher will grant to City a non-exclusive, royalty-free license to Gallagher’s intellectual property solely for City’s use of such services. • Section 9.3 (PDF Page 17) – We cannot agree to permit City to audit after the agreement ends. We will agree to audit during the agreement.

It is our practice to provide the coverage below in lieu of the City contract insurance language. We therefore propose to replace the insurance language in the RFP’s sample agreement with coverage language provided by Gallagher as follows (we attach our Memorandum of Insurance for your review as well):

Section 4 (PDF Pages 10-13) - Gallagher shall at all times during the term of this Agreement and for a period of two (2) years thereafter, obtain and maintain in force the following minimum insurance coverages and limits at its own expense:
• Commercial General Liability (CGL) insurance on an ISO form number CG 00 01 (or equivalent) covering claims for bodily injury, death, personal injury, or property damage occurring or arising out of the performance of this Agreement, including coverage for premises, products, and completed operations, on an occurrence basis, with limits no less than $2,000,000 per occurrence; • Workers Compensation insurance with statutory limits, as required by the state in which the work takes place, and Employer’s Liability insurance with limits no less than $1,000,000 per accident for bodily injury or disease. Insurer will be licensed to do business in the state in which the work takes place;
• Automobile Liability insurance on an ISO form number CA 00 01 covering all hired and non-owned automobiles with limit of $1,000,000 per accident for bodily injury and property damage; • Umbrella Liability insurance providing excess coverage over all limits and coverages with a limits no less than $10,000,000 per occurrence or in the aggregate; Agenda Packet Page 368 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 37 • Errors & Omissions Liability insurance, including extended reporting conditions of two (2) years with limits of no less than $5,000,000 per claim, or $10,000,000 in the aggregate; • Cyber Liability, Technology Errors & Omissions, and Network Security & Privacy Liability insurance, including extended reporting conditions of two (2) years with limits no less than $2,000,000 per claim and in the aggregate, inclusive of defense cost; and
• Crime insurance covering third-party crime and employee dishonesty with limits of no less than $1,000,000 per claim and in the aggregate.
• All commercial insurance policies shall be written with insurers that have a minimum AM Best rating of no less than A-VI, and licensed to do business in the state of operation. Any cancelled or nonrenewed policy will be replaced with no coverage gap, and a Certificate of Insurance evidencing the coverages set forth in this section shall be provided to Client upon request.

Agenda Packet Page 369 of 475