This Memorandum of Insurance serves solely to list insurance policies, limits and dates of coverage. Any modifications hereto are not authorized by Gallagher or the Insurance Companies.
ARTHUR J. GALLAGHER & CO.
MEMORANDUM OF INSURANCE
This Memorandum of Insurance (“ Memorandum”) is produced as a matter of information only to authorized viewers for their internal use only and confers no rights upon any viewer of the Memorandum. This Memorandum does not amend, extend or alter the coverage described below. Copyright 2005, Arthur J. Gallagher Risk Management Services, Inc. (“ Gallagher”). Gallagher grants permission to you to view, copy, print and distribute the informati on found on the Memorandum website (“ Site”) provided that the above copyright notice appears on all copies, that use is internal to you or for personal noncommercial informational purposes only, and that no modification is made to any materials. Any modification, use, reproduction or distribution of this Memorandum, the Site or its contents must be first approved by Gallagher in writing. You will not suffer or permit any unauthorized use of any Gallagher trademark, service mark or logo. This Memorandum, the Site and its contents, including but not limited to text, graphics, images, software, copyrights, trademarks, service marks, logos, and brand names (“ Content”), are protected under both United States and foreign laws, and Gallagher or its affiliated entities retain all right, title and interest in and to the Content, all copies thereof, and all copyrights and other proprietary rights therein. The information contained herein is as the date referred to above. Gallagher shall be under no obligation to update such information.
DATE: 9/30/2021
INSURED:
Arthur J. Gallagher & Co. and its subsidiaries
2850 West Golf Road
Rolling Meadow s, IL 60008
Insurance Companies
A: ARCH INSURANCE COMPA NY
B: ACE PROPERT AND CASUALTY INSURA NCE COMPA NY
C: LIBERTY MUTUAL FIRE INS. COMPANY
D: FEDERAL INSURA NCE COMPANY
E: LEXINGTON INS. COMPANY
F: XL SPECIALTY INS. COMPANY
G. UNDERWRITERS AT LLOYDS
H. ILLNOIS NATIONAL INSURA NCE COMPA NY
The policies of insurance listed below have been issued to the “INSURED” named above for the policy period indicated. Notwith standing any requirement, term or condition of any contract or other document with respect to which this Memorandum may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits sho wn may have been reduced by paid claims.
CO.
LTR.
TYPE OF
INSURANCE
POLICY
NUMBER
POLICY
EFFECTIV E
POLICY
EXPIRATION
LIMITS
(In USD unless otherwise indicated)
A Commercial General
Liability
Occurrence
Per location
Aggregate
41GPP4938414 10/01/21 10/01/22 General Aggregate 4,000,000 Products - Comp/Op Agg 4,000,000
Personal and ADV Injury 2,000,000
Each Occurrence 2,000,000
Damage to Rented Premises
(Each occurrence)
1,000,000
A Automobile Liability
Any Auto
41CAB4939014
41CAB4938314
10/01/21 10/01/22 Combined Single Limit 5,000,000
Bodily Injury (per person)
Bodily Injury (per accident)
B Excess/Umbrella Liability
Retention: $10,000
XOO G46820149 004 10/01/2021 10/01/22 Each Occurrence 25,000,000 Aggregate 25,000,000
A Workers Compensation
and Employers Liability
41WCI4938114
44WCI0501914
10/01/21 10/01/22 Workers Comp Limits Statutory
EL Each Accident 1,000,000
EL Disease - Each Employee 1,000,000
EL Disease – Policy Limit 1,000,000
C Property US00112916PR21A 10/01/21 10/01/22 Blanket Bldg. & PP 10,000,000 D Crime/Fidelity Bond
(Employee Dishonesty)
81326283 09/01/21 09/29/22 Single Loss Limit 15,000,000 E Errors & Omissions
(Primary Policy)
06030323 09/29/21 10/01/22 Per Claim and Aggregate 12,000,000 F Errors & Omissions
(Excess Policy)
ELU163265-21 09/29/21 10/1/22 Per Claim and Aggregate 10,000,000 G Errors & Omissions
(Excess Policy)
B1262F10121921 09/29/21 10/1/22 Per Claim and Aggregate 13,000,000 H Cyber Liability 026062402 10/31/19 05/01/2021 Limit of Liability 10,000,000 Description of Operations / Other Information: See ADDITIONAL INFORMATION on the following page.
Agenda Packet Page 370 of 475
This Memorandum of Insurance serves solely to list insurance policies, limits and dates of coverage. Any modifications hereto are not authorized by Gallagher or the Insurance Companies.
ARTHUR J. GALLAGHER & CO.
MEMORANDUM OF INSURANCE
ADDITIO NAL INFO RMATIO N
As respects GENERAL LIABILITY POLICY
ADDITIONAL INSURED – MANAGERS OR LESSORS OF PREMISES *
Endorsement Form # CG 20 11 04 13 modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
1. Designation of Premises (Part Leased to You): ANY PREMISES OR PART THEREOF LEASED TO YOU.
2. Name of Person or Organization (Additional Insured): ANY AND ALL PERSONS OR ORGANIZATIONS
CONTRACTUALLY REQUIRING ADDITIONAL INSURED STATUS AS THE MANAGER OR LESSOR OF PREMISES TO YOU.
3. Additional Premium: INCLUDED
(If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions:
This insurance does not apply to:
1. Any "occurrence" which takes place after you cease to be a tenant in that premises.
2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US We waive any right of recovery we may have against the person or organization where required by written contract because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only where required by written contract.
As respects PROPERTY
This policy insures against “All Risks” of physical loss or damage, except as excluded, to covered property while on Described Premises, provided such physical loss or damage occurs duringthe term of this policy. Coverage is subject to policy deductibles, terms, conditions and exclusions.Loss Payable clause included for whom Insured has agreed to per written contract.
Agenda Packet Page 371 of 475
This Memorandum of Insurance serves solely to list insurance policies, limits and dates of coverage. Any modifications hereto are not authorized by Gallagher or the Insurance Companies. *All other Additional Insureds requests requires Legal approval and issuance of a Certificate of Insurance. *For special requests, such as a WET SIGNATURE, please contact the appropriate team: P&C – Doreen Morris or Therese Scamardo; E&O –Helen Ponce de Leon or Ryan Sheekley; Cyber – Jeremy Gillespie or Ariel Magrini.
Agenda Packet Page 372 of 475
Classification and Total Compensation Study Proposal
City of El Cerrito
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com Signature Page
Koff & Associates intends to adhere to all of the provisions described in the RFP above.
This proposal is valid for 90 days.
Respectfully submitted,
By: KOFF & ASSOCIATES
State of California
Georg S. Krammer March 11, 2022
Managing Director, Compensation and Rewards Consulting
Agenda Packet Page 373 of 475
AGENDA BILL
Agenda Item No. 8.D.
Date: July 19, 2022
To: El Cerrito City Council
From: Christopher Jones, Recreation Director, Recreation Department Subject: License Agreement with the Kensington Police Protection & Community Services District (KPPCSD) for Use of Site and Amenities at 10940 San Pablo Avenue
ACTION PROPOSED
Adopt a resolution authorizing the City Manager to execute a license agreement with the Kensington Police Protection and Community Services District for the temporary usage of Modular Building(s) and other site amenities located at 10940 San Pablo Avenue.
BACKGROUND
In July 2018, the City's senior services and programs were moved from the Open House Senior Center on Stockton Avenue to temporary modular buildings, known as the Midtown Activity Center, located at 10940 San Pablo Ave. The modular buildings were installed by Mobile Modular under a five-year lease agreement through May 2023. This move was precipitated by the West Contra Costa Unified School District's sudden termination of the fifty-plus year lease for the Open House Senior Center. The Midtown Activity Center continued to host programming and services until March 2020 when City facilities were closed due to the COVID-19 Pandemic and the resulting State, County and City declarations of local emergencies and stay at home orders. During the pandemic, the City implemented its fiscal recovery plan in order to replenish reserves and lay the groundwork for long-term fiscal sustainability. This resulted in several layoffs in the Recreation Department, which has caused the Midtown Activity Center to remain closed. As a result, senior services and programs have been consolidated at the Community Center. The Midtown Activity Center remains vacant, and the City continues to make monthly lease payments of approximately $10,500 per month, or $126,000 per year to Mobile Modular.
Since 2020, staff have attempted to find a new tenant(s) to occupy the modular buildings at 10940 San Pablo Avenue to reduce or eliminate lease expenses.
Communications went out to all Recreation Departments and City Managers in Contra Costa and Alameda Counties as well as local school districts to let them know about the availability of these "gently used" buildings to serve as temporary programming and/or office spaces during construction projects. Staff also reached out to a used modular building broker to look for an interested user as well as contractors involved in construction projects in El Cerrito. Unfortunately, likely largely due to the stay at home order that was in place during the majority of this time, no interested users were identified until recently.
Agenda Packet Page 374 of 475
Agenda Item No. 8.D.
In March 2022, staff from the Kensington Police Protection and Community Services District (KPPCSD) contacted the City regarding their need to temporarily relocate District and Police Staff given they had been unable to secure an appropriate and affordable site in Kensington within their desired timeframe. After several conversations and site visits, the KPPCSD Board of Directors at their May 12, 2022 meeting identified Building B located at 10940 San Pablo Avenue as their preferred option for temporary space and directed their Interim General Manager to enter into agreements with the City for use of the site. This process led to the creation of the draft license agreement for 10940 San Pablo Avenue (Attachment 2).
The KPPCSD may need to temporarily use Building A, if Mobile Modular is unable to perform renovations on Building B before District staff needs to vacate the Kensington Public Safety Building. This proposed resolution authorizes the City Manager to execute the lease agreement substantially in the form attached, and further authorizes the City Manager to make changes to the draft lease agreement to allow for temporary use of Building A, if necessary.
ANALYSIS
City and District staff immediately recognized the possible use of Building B by the KPPCSD as a mutually beneficial solution for our neighboring communities. Execution of the attached license agreement will see significant expense reductions that the City is obligated to pay through at least May 2023, including lease payments and utility, sewer and alarm costs. The District benefits by securing a suitable and affordable temporary space under the relatively tight timeframe that they have to leave their current location in the Kensington Public Safety Building. The license agreement also benefits the El Cerrito-Kensington Fire Department and the Kensington Fire Protection District, who also need additional storage space when they move to their own temporary facilities.
The license agreement authorizes the KPPCSD to assume the lease for Building B (a savings of $5,500 per month to the City) for at least the balance of the City's term. This enables KPPCSD the ability to work with Mobile Modular to remodel the building's interior to suit their needs. Transferring the lease also helps facilitate the eventual relocation of Building B to Kensington should the KPPCSD choose to do so. Because Mobile Modular has not yet provided a definitive timeline for this work, staff is requesting that the City Council authorize the City Manager to execute substantially in form the attached license agreement and allow the City Manager to make minor amendments, including establishing the execution date, to the agreement that would not significantly increase the City's obligations. In order to give the KPPCSD sufficient time to identify a new temporary or permanent location in Kensington, the initial term is set to run through July 2023.
In addition to assuming the lease payments for Building B, during the initial term the KPPCSD will pay license fees of $357 per month, which accounts for 50% of the sewer and alarm charges that the City is obligated to continue paying. The KPPCSD will also assume responsibility for 100% of the payments for electrical and water utilities and the City will continue to provide and facilitate waste management services for the site. If the Agenda Packet Page 375 of 475
Agenda Item No. 8.D.
KPPCSD remains on site after July 2023, license fees will increase by $1,500 per month to help off-set the approximate $20,000 cost the City is contractually obligated to Mobile Modular for removing the building from the site. If the KPPCSD were to utilize Building A temporarily, then the City would realize substantially similar savings to those mentioned above.
Other important items in the license agreement include ensuring the City's continued and unobstructed access to Building A and the El Cerrito Police Department structures located on site, designating parking lot usage and traffic flow, site maintenance and custodial needs and meeting insurance and indemnification requirements. The City shall have the right to use Building A as it sees fit, including allowing its use by another organization(s). The KPPCSD will also ensure that Mobile Modular has sufficient access to the site when it is time for Building A to be removed. Finally, the KPPCSD will have access to 14 parking spaces in the onsite parking lot.
STRATEGIC PLAN CONSIDERATIONS
The repurposing of Building B of the now vacant Midtown Activity Center for use by the Kensington Police Protection and Community Services District will produce significant budget savings as detailed below, furthering Strategic Plan Goal B: Achieve long-term financial sustainability.
ENVIRONMENTAL CONSIDERATIONS
The project is categorically exempt from review under the California Environmental Quality Act (CEQA). More specifically, the project is exempt under Section 15303, New Construction or Conversion of Small Structures, Subsection c. This Class 3 category consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made to the exterior of the structure. In urbanized areas, the exemption applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. The temporary modular buildings at 10940 San Pablo Avenue meet these conditions.
FINANCIAL CONSIDERATIONS
The City Council adopted the Fiscal Year (FY) 2022-23 Budget in June 2022, which included $125,000 in the Recreation Department's budget for lease payments to Mobile Modular (consistent with previous years). The lease agreement between the City and KPPCSD is in development. Depending on the lease term beginning date, the FY 2022- 23 City savings should total approximately $52,000 to $60,000 in the following areas:
Lease payments for Building B, approximately $45,000 to $52,000 Utility costs, alarm, and sewer charges, approximately $7,500 to $8,400 Agenda Packet Page 376 of 475
Agenda Item No. 8.D.
Removal costs, approximately $20,000
The City will remain responsible for Mobile Modular removal costs of approximately $20,000 for Building B in FY 2023-24, which may or may not be offset by license fees from the KPPCSD and is dependent upon the length of time they remain onsite after the initial term. Any potential budget adjustments will be brought forward after the terms and conditions of the agreement between the City and KPPCSD are confirmed.
LEGAL CONSIDERATIONS
The City Attorney has reviewed the proposed action and found that legal considerations have been addressed.
Reviewed by:
Alexandra Orologas, Assistant City Manager
Attachments:
1. Resolution
2. Draft Agreement
Agenda Packet Page 377 of 475
RESOLUTION 2022-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO AUTHORIZING
THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH THE
KENSINGTON POLICE PROTECTION AND COMMUNITY SERVICES DISTRICT FOR
THE TEMPORARY USAGE OF MODULAR BUILDING(S) AND OTHER SITE AMENITIES LOCATED AT 10940 SAN PABLO AVENUE
WHEREAS, in July 2018 the City if El Cerrito’s (City) senior services and programs were relocated to modular buildings at 10940 San Pablo Avenue in El Cerrito due to the termination of the lease of the Open House Senior Center by the West Contra Costa Unified School District; and
WHEREAS, service continued at this location until the onset of the COVID-19 Pandemic and the declaration of a local emergency and stay-at-home orders at which point the Midtown Activity Center closed to the public and has remained vacant due to the implementation of the City’s Fiscal Response Plan which necessitated staffing reductions in the Recreation Department; and
WHEREAS, before negotiating the license agreement with the Kensington Police Protection and Community Services District (KPPCSD) the City attempted to find potential users for the Midtown Activity Center for over a year with no success; and WHEREAS, the KPPCSD is in need of temporary space to relocate personnel and operations as they search for appropriate space in Kensington, and identified Building B at 10940 San Pablo Avenue as their preferred option; and WHEREAS, Building B renovations may not be completed before the KPPCSD needs to vacate the Kensington Public Safety Building and may need to temporarily use Building A at 10940 San Pablo Avenue until work is complete on Building B; and WHEREAS, execution of the license agreement will create mutually beneficial solutions for both neighboring communities by creating budget savings for the City and providing appropriate and affordable temporary space for the KPPCSD in a timely manner.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that it hereby approves a license agreement with the Kensington Police Protection and Community Services District, in substantially the form attached hereto, for the lease of Building B and other site amenities located at 10940 San Pablo Avenue.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the lease agreement and make any necessary, non-substantive changes to carry out the intent of this Resolution, including any changes necessary to allow for temporary use of Building A until Building B is available.
BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon passage and adoption.
Agenda Packet Page 378 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 379 of 475
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LICENSE AGREEMENT BETWEEN THE CITY OF EL CERRITO AND THE
KENSINGTON POLICE PROTECTION AND COMMUNITY SERVICES DISTRICT CONCERNING 10940 SAN PABLO AVENUE, EL CERRITO, CALIFORNIA THIS LICENSE AGREEMENT ("Agreement"), is entered into as of this ___ day of _______, 2022 (“Effective Date”), by and between the City of El Cerrito, a municipal corporation, ("Licensor” or “City”) and the Kensington Police Protection and Community Services District (“Licensee” or “District”) (individually “Party” and collectively “Parties”) for the use of a certain portion of the real property located at 10940 San Pablo Avenue, El Cerrito, California (“Premises”).
RECITALS
A. The City is the fee owner of certain real property located at 10940 San Pablo Avenue in the City of El Cerrito, County of Contra Costa, State of California, with Assessor’s Parcel Number 502-411-023.
B. The Premises are improved with two vacant modular structures which are leased to the City by Mobile Modular, as well as structures utilized by the El Cerrito Police Department for storage. The structures on the Premises are represented in “Exhibit A” attached hereto and incorporated herein as “Building A” and “Building B” (collectively “Buildings”) and “El Cerrito Police Department Structures”. The leases for the Buildings are scheduled to terminate on May 31, 2023.
C. Pursuant to the terms and conditions set forth in this Agreement, Licensee proposes to: 1) assume the lease for Building B on or before July 1, 2022 and, thereafter, temporarily use it for its operations; 2) maintain Building B and the Premises, including litter removal, graffiti abatement and landscape maintenance but not including Building A and the El Cerrito Police Structures; and 3) access fourteen (14) parking spaces within the parking lot on the Premises (collectively “License Scope”). Licensor has determined that it is in its best interest to permit Licensee to use the Premises for the License Scope.
D. Licensee desires to obtain from Licensor, and Licensor desires to grant to Licensee, a license for the License Scope and the Parties desire to enter into this Agreement to establish the terms and conditions upon which such license is granted.
NOW, THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee agree as follows:
1. Grant of License. City hereby grants to the District and its employees, customers, invitees, agents and contractors a non-exclusive, temporary license to use the Premises for the purpose of the License Scope and for no other purpose. The City reserves all other rights in the Premises that do not conflict with the terms of this Agreement or applicable law.
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2. Initial Term. The initial license term of this Agreement shall commence on the Effective Date and shall extend until July 31, 2023 (“Initial Term”).
3. Option to Extend. The District shall have the right to extend this term until August 1, 2024 with the consent of City, which shall not be unreasonably withheld or delayed. The extension term is referred to as a “Renewal Term” on the terms and conditions set forth herein, provided the District is not in default of this Agreement upon commencement of the succeeding Renewal Term. The Initial Term and the Renewal Term are herein collectively referred to as the (“Term”).
4. District’s Covenant to Pay. As consideration for the license to use the Premises, the District shall pay to the City Three-Hundred and Fifty-Seven dollars ($357) per month, or OneThousand and Seventy-One dollars ($1,071) per quarter during the Initial Term. If the District is granted a Renewal Term, the District shall pay One-Thousand, Eight-Hundred and Fifty-Seven dollars ($1,857) per month to the City during the Renewal Term.
City shall invoice District on a quarterly basis during the Initial Term and monthly basis during the Renewal Term. In any month where the Agreement has not been in effect for the entire month, then City shall invoice District on a pro rata basis for that month. All amounts due under this Agreement are due and payable net 30 days following the date of an invoice. Any portion of the invoice amount not paid within such 30-day period shall accrue interest at the annual rate of
2.5% above the prime rate (but not to exceed the maximum rate permitted by Law). All payments shall be made in U.S. dollars.
5. District Building B Lease Assumption.
(a) The District shall, at its sole cost and expense, negotiate directly with Mobile Modular to assume the City’s lease of Building B. The District shall provide the proposed lease assumption to the City for its prior written approval at least fifteen (15) days prior to the proposed effective date. Upon the City’s written approval, the District shall assume the Building B lease on or before July 1, 2022 (“Lease Assumption”). (b) The District shall not sublet Building B or any portion thereof without the City’s prior written approval.
(c) The District may modify Building B provided that any improvements shall be performed:
(1) in accordance with the terms of the Lease Assumption; (2) with due diligence and care so as to prevent unreasonable disruption of or interference with the use, occupancy or conduct of business operations by City on the Premises and to minimize any disturbance of or impact upon the City and its tenants, licensees, contractors, employees and invitees;
(3) in compliance with all applicable laws, ordinances, regulations and orders of the City and all federal, state, county or local governmental agencies or entities having jurisdiction (collectively, "Governmental Authorities"); Agenda Packet Page 381 of 475
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(4) in a good and workmanlike manner and only with materials of good quality; and
(5) in the interior of Building B (collectively “Building B Improvements”). (d) The District shall keep the Premises free and clear of all mechanics liens or other encumbrances arising from the Building B Improvements done by or on behalf of District. (e) During construction of the Building B Improvements, the District shall implement such measures (including such fencing and access barriers) as may be reasonably necessary to ensure the safety of all persons and properties in and around the area in which such work is being performed. During the course of the Building B Improvements, District and District's agents, contractors and employees shall abide by all safety and health laws and regulations of Governmental Authorities and any reasonable safety and security requirements reasonably requested by City.
6. City Reservation of Use of Building A. The City retains all rights to use Building A for any purpose. If Building A is used by the City, District shall provide access to the restrooms in Building B to the City, its officers, officials, employees, tenants, agents, volunteers, and members of the public using Building A.
7. District Use of Parking Lot. The District shall have access to fourteen (14) parking spaces within the parking lot on the Premises (“Spaces”). Additionally, two (2) spaces within the parking lot are designated for eligible disabled individuals conducting either District or City business. If the District desires the Spaces be particularly assigned to it or specific District employees, it shall request such assignment from the City in writing and the City shall work with the District to create such assignment.
The City retains the right to use all parking spaces on the Premises other than the Spaces for the City, its officers, officials, tenants, employees, agents and volunteers’ use.
8. District Access to the Premises. The District shall ensure that its officers, officials, employees, agents, volunteers and anyone conducting business with the District does not park their vehicles on Kearney Street behind the El Cerrito Public Safety Building. The District its officers, officials, employees, agents, volunteers and anyone conducting business with the District shall enter and exit the Premises from San Pablo Avenue only. Notwithstanding the foregoing limitations, in a verified emergency, only District public safety personnel may enter the Premises from the Kearney Street entrance, but these personnel shall be required to exit the Premises from San Pablo Avenue.
9. Utilities.
(a) On or before the Effective Date, the District shall establish the following utility services to the Premises and, thereafter, be responsible for all costs associated with such services:
(1) Water service with the East Bay Municipal Utility District; (2) Electric and/or gas service with Pacific Gas and Electric or MCE; and (3) Internet and phone services.
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(b) The City shall be responsible for providing the following services to the Premises and for all costs associated with such services:
(1) Solid waste services; and
(2) Alarm services through May 31, 2023 resulting from the City’s existing contract with Security Signal Devices for such services.
10. Signage. If District desires to add signage to Premises to identify the temporary location of its operations, it shall first consult with the City’s Zoning Administrator in order to determine whether its proposed signage requires City approval under applicable local regulations. If such proposed signage requires City approval, District shall obtain such approval prior to installing any signage on the Premises.
11. District Maintenance and Repairs.
(a) The District shall, at its sole cost and expense, repair any damage to the Premises caused exclusively by the District and/or its employees, invitees, agents and contractors. In the event that part of the damage to the Premises is caused by another party or parties, the District shall repair the pro rata share of any damage to the Premises caused by the District and/or its employees, invitees, agents and contractors. The District shall ensure that all construction or repair conducted on the Premises are screened with appropriate fencing, landscaping and other screening material, that the portion of the Premises used by District or its employees, invitees, agents and contractors for construction of the Building B Improvements is kept in neat and clean condition, and that graffiti and litter are promptly removed. During the Term of this Agreement, to the extent that the District installs any improvements on the Premises other than the Building B Improvements, in order to use the Premises for the District’s intended use, the District shall be responsible for costs associated with such improvements as are necessary, including fencing, landscaping and paving, provided that any such improvements shall be subject to the prior written approval of City.
(b) The District represents and acknowledges that it has inspected and examined the Premises, including Building B, for purposes of this Agreement and determined such to be suitable for its intended use. The District further acknowledges that the City has disclosed to it that AT&T cannot provide service to the Premises, including Building B. (c) Except for Building A and the El Cerrito Police Department Structures (“City Structures”), the District shall, at its own expense and cost, keep and maintain the Premises which shall include Building B, in a clean and sanitary condition including, but limited to, litter removal, graffiti abatement and landscape maintenance and free from any hazardous or dangerous conditions caused by District. In particular, the District shall be responsible for:
(1) maintaining Building B’s interior and exterior, including, but not limited to, window coverings, furnishings, floors, carpets and paint; (2) routine repair of the Premises which must be performed using licensed contractors, subject to City approval;
(3) regular janitorial service sufficient to maintain the Premises in a clean and sanitary condition;
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(4) supplies as required for District’s use of the Premises, including, but not limited to, janitorial supplies;
(5) furnishings and materials as required for District use of the Premises; (6) Maintaining all phone, computers and computer support equipment used by the District. Prior approval of the City is required for alterations or additions to the Premises’ electrical system to support District's computer systems or other District equipment. (7) Recycling, litter, garbage, and debris collection and deposit in appropriate receptacles in accordance with the City’s provision of solid waste services to the Premises.
12. City Maintenance and Repairs.
The City shall be responsible for maintenance of Building A and the City Structures which shall include graffiti abatement.
13. Removal or Relocation of Buildings
(a) If City determines it will remove Building A prior to the end of its lease term on May 21, 2023, then it shall provide ninety (90) days’ prior written notice to the District unless the Parties’ signatories hereto or his/her designee(s) mutually agree in writing to a shorter notice period and such agreement shall not require an amendment to the Agreement. If District is using Building B at the time it receives such notice, it shall take all steps necessary to prevent unreasonable disruption of or interference with and minimize any impact upon the City’s removal of Building A from the Premises.
(b) If District intends to vacate Building B and the Premises and terminate this Agreement prior to the Lease Assumption termination or May 31, 2023, it shall provide ninety (90) days’ prior written notice to the City. In such event, City shall be responsible for any and all removal costs associated with removing Building B from the Premises pursuant to the Lease Assumption.
(c) If District intends to extend its lease of Building B beyond May 31, 2023, then it shall provide ninety (90) days’ prior written notice to the City along with the proposed lease extension unless the Parties’ signatories hereto or his/her designee(s) mutually agree in writing to a shorter notice period and such agreement shall not require an amendment to the Agreement. Upon City’s written approval of such lease extension, District may extend the lease of Building B (“Lease Extension”). District shall be solely responsible for any increased removal fees or costs imposed by Mobile Modular as a result of the Lease Extension. (d) If District intends to remove Building B from the Premises and relocate it to another property prior to the Lease Assumption termination, vacate the Premises and terminate this Agreement, then it shall be responsible for any and all relocation costs associated with relocating Building B. If the relocation results in reduced removal fees under the Lease Assumption, then such savings shall be passed on to the City.
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14. Prohibited Use of Premises.
(a) District shall not do or permit anything to be done in or about the Premises, including Building B, nor bring or keep anything therein, that will in any way increase the existing rate of or affect any fire or other insurance upon the Premises or any of its contents, or cause cancellation of any insurance policy covering said premises or any part thereof or any of its contents. Nor may District cause a cancellation of any insurance policy covering the Premises or any part thereof or permit to be kept or used in or about the Premises any article, which may be prohibited by standard form fire insurance policies or by any El Cerrito City Codes or any other applicable laws.
(b) District shall not commit, suffer, or permit the commission by others of:
(1) any waste or nuisance of the Premises;
(2) any action or use on the Premises which interferes or conflicts with the use of the Premises by City or any authorized person; or
(3) any action on the Premises in violation of any laws, regulations, or ordinances. (c) No goods, merchandise, or material shall be kept, stored, generated, produced, disposed or transported to or from, used or sold in or on the Premises which constitute Hazardous Materials, and no offensive or dangerous trade, business, or occupation shall be carried on therein or thereon. No machinery or apparatus shall be used or operated on the Premises which will in any way injure said Premises, or improvements thereon. For purposes of this Agreement, “Hazardous Materials” are defined as, but shall not be limited to: flammable explosives, asbestos, radioactive materials, hazardous waste, toxic substances or related injurious materials, whether injurious by themselves or in combination with other materials, substances defined as “hazardous substances,” “hazardous materials,” or “toxic substances,” in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; and those substances defined as “hazardous waste” in Section 25316 of the California Health and Safety Code; and in the regulations adopted and publications promulgated pursuant to said laws. District acknowledges that District is not looking to or relying upon City to disclose any matters which City might be required to disclose under California Health & Safety Code Section 25359.7 and that all such matters have been investigated by District to District’s satisfaction.
15. Alterations. Except as to Building B Improvements made in accordance with Section 5 and signage made in accordance with Section 10, District shall not allow or cause any alterations, additions or improvements to or of the Premises, or any part thereof, without the prior written consent of the City Manager.
16. District Volunteers. For any work performed by District volunteers on the Premises which shall include Building B, all volunteers shall sign hold-harmless forms approved by the City and return those forms to the City prior to the commencement of such volunteer work.
17. Termination.
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(a) Either Party may terminate this Agreement upon 90 days’ prior written notice to the other Party.
(b) If District removes or relocates Building B in accordance with Section 13 and vacates the Premises, then this Agreement shall terminate upon such removal/relocation and vacation.
(c) If the Parties do not agree to extend the Agreement for the Renewal Term pursuant to Section 3, then this Agreement shall terminate upon the expiration of the Initial Term.
(d) If the Parties extend the Agreement for the Renewal Term pursuant to Section 3, then it shall terminate upon the expiration of the Renewal Term. (e) Upon termination of this Agreement, except for the Buildings, all improvements constructed on the Premises by the District shall be the exclusive property of City, and City shall be solely responsible for the ongoing maintenance and security of such improvements. (f) Upon termination of this Agreement, the District shall be responsible, at its sole cost and expense, for restoring the Premises to its original condition including removing property, equipment, and structures placed on the Premises by the District excluding the Buildings.
18. Possessory Interest. District expressly recognizes and understands that this Agreement may create a possessory interest subject to property taxation and that District may be subject to the payment of property taxes levied on such interest. District is responsible for determining whether this possessory interest is subject to property taxation.
19. Compliance with Laws. District has represented to the City and hereby warrants that District has complied with all laws applicable to the acceptance and use of the License herein granted. District shall observe and comply at all times with all applicable federal, state, county and city statutes and ordinances, rules, regulations, directives, and orders of Governmental Authorities now in force or which may hereinafter be in force relating to or affecting the use of the License herein granted.
20. Insurance. As of the Effective Date and thereafter throughout the Term, District and the District’s contractors shall, at its sole cost and expense, procure, carry and maintain in full force and effect in a form acceptable to City and with insurance companies authorized to transact business in the State of California, insurance coverage by the following policies of insurance:
(a) Commercial General Liability insurance with liability coverage not less than Four Million Dollars ($4,000,000) per each occurrence for each of bodily injury liability, personal injury liability, property damage liability, products and completed operations liability and advertising injury liability that may arise out of or result from District’s use of the Premises or Agenda Packet Page 386 of 475
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operations or contractor's operations under its contract with District, and for costs and expenses (including attorneys' fees and court costs) incurred in connection therewith. (b) Workers Compensation Insurance for all District employees as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease. (c) Property insurance against all risks of loss to any tenant improvements or betterments which shall include Building B, at full replacement cost with no coinsurance penalty provision. Property insurance is to be endorsed to include Legal Liability Coverage (ISO Form CP 00 40 04 02 or equivalent) with a limit equal to 100% of the replacement value of the Buildings, with deductible, if any, acceptable to City. (d) Pollution Legal Liability and Remediation applicable to District operations with a limit no less than Two Million Dollars ($2,000,000) per claim or occurrence and Two Million Dollars ($2,000,000) aggregate per policy period of one year. This policy shall include coverage for bodily injury, property damage personal injury and environmental site restoration, including fines and penalties in accordance with applicable EPA or state regulations. (e) With respect to Workers’ Compensation and Employer’s Liability Coverage, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from injuries to District employees resulting from work for the District or use of the Premises.
(f) All policies of liability insurance obtained and maintained by the District in accordance with this Section shall name City, its officers, officials, employees, and volunteers as additional insureds and shall further provide that the insurance policy so endorsed will be the primary insurance providing coverage for City.
(g) District’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the District’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. (h) The insurance required by this Section shall be provided under an occurrence form, and the District shall maintain such coverage continuously throughout the Term of this Agreement. Should any of the required insurance be provided under a form of coverage that includes an annual aggregate limit, such annual aggregate limit shall be three times the occurrence limits specified above. All insurance required hereunder shall be effected under valid and enforceable policies issued by responsible insurers authorized to do business in the State of California and to issue policies of the nature and in the liability amounts required above, and with an A.M. Best rating of at least “A-VIII.”
(i) The District shall furnish to City copies of the Certificates of Insurance. The Certificate of Insurance shall provide that the insurance company shall endeavor to notify City Agenda Packet Page 387 of 475
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by written notice at least thirty (30) days prior to any cancellation, reduction or modification of coverage. The District shall furnish City with copies of any and all policies of insurance required hereunder, if so requested by City. In the event the District does not comply with the requirements of this Section, the City may at its option purchase insurance coverage to protect itself and the Premises and the District shall be responsible for paying the costs of such insurance.
21. Indemnity and Hold Harmless. District agrees to and shall indemnify, defend (with counsel acceptable to City) and hold harmless City and City's officers, officials, employees, agents and volunteers (collectively, the "City Indemnitees") from and against any and all Claims, which any of the City Indemnitees may suffer arising out of or in connection with District access and use of the Premises, which shall include Building B, and any activities conducted on the Premises by District and District's agents, contractors, subcontractors and employees pursuant to this Agreement which shall include, but is not limited to, the release or threatened release of Hazardous Materials, District’s failure to comply with all governmental laws, regulations and permits, including, but not limited to, full compliance with the Americans with Disabilities Act; and any default by District in the performance of its obligations under this Agreement (collectively “Liability”) except such Liability caused by the sole negligence or willful misconduct of the City. For purposes of this Agreement, the term "Claims" shall mean any and all actions, suits, causes of actions, claims, demands, liabilities, judgments, penalties, losses, damages and/or claims for bodily injury and/or property damage, costs and expenses of every nature, including reasonable attorney's and expert’s fees and costs. Notwithstanding the forgoing, this Section 21 shall not apply to claims arising from (a) the City’s exercise of its rights under Section 6 of this Agreement; or (b) the use or condition of the El Cerrito Police Department Structures.
22. Default. A Party shall be in default under this Agreement if such Party breaches any obligation to be performed by such Party under this Agreement and fails to cure such breach within ten (10) business days after receipt of written notice from the other Party specifying in reasonable detail the nature of such default; provided, however, that with respect to nonmonetary defaults only, if such non-monetary default is of such nature as is capable of being cured but not within said ten (10) business day period, a Party shall not be deemed in default hereunder if, and so long as, such Party commences to cure such default within said ten (10) business day period and proceeds diligently and continuously to complete the cure of such default within said reasonable additional time as is necessary to cure such default.
23. Inspection by City. City shall be permitted to enter and inspect the Premises which shall include Building B at any and all times. City is not required to provide District with advanced notice of said inspection.
24. Extent of Grant of License. This Agreement and the License herein granted are valid only to the extent of City’s jurisdiction as a landowner of the Premises. Acquisition of any other necessary permits or entitlements for use are the responsibility of District. Nothing contained in this Agreement shall be construed as a relinquishment of any rights now held by the City.
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25. Assignment. The License herein granted is personal to District and shall not be assigned, sublet, or otherwise transferred in whole or in part without the prior written consent of City, and any attempt to assign, sublet or transfer shall be of no force or effect whatsoever unless and until City shall have given its written consent thereto. City may withhold its consent for any reason.
26. Provisions are Condition of Use/Occupancy. Each provision of this Agreement shall be deemed a condition of the right of District to use or continue to occupy the Premises.
Notwithstanding anything stated to the contrary herein, if District fails to perform any provision of this Agreement at the time and in the manner herein provided, City may, at its own option, immediately terminate this Agreement. The City's right to terminate shall be cumulative to any other legal right or remedy available to City.
27. District No Agent. District, its officers, agents, employees, and volunteers shall act in an independent capacity and shall not represent themselves whatsoever as an agent of the City.
District shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
28. License Not a Lease. This Agreement does not constitute a lease, but constitutes a revocable License and District is limited to the use of the Premises expressly and specifically described above. District shall have no right or privilege in any respect whatsoever to use any other part of Premises for any purpose whatsoever. District does not claim any interest that, when coupled with the License herein granted, would render it irrevocable.
29. No Waiver of Enforcement. The City's failure to enforce any Section of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such Section. The Section shall remain in full force and effect.
30. Relationship. The Parties intend by this Agreement to establish the relationship of licensor and licensee only, and do not intend to create a partnership, joint venture, joint enterprise, or any business relationship other than that of licensor and licensee.
31. Miscellaneous.
(a) If either Party shall bring an action to enforce its rights hereunder, the prevailing Party in such action shall be entitled to its reasonable attorney’s fees and costs from the nonprevailing Party. (b) This Agreement shall not be amended or modified except by written instrument signed by the Parties. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes by all prior agreements or understandings, oral or written, between the Parties in this regard.
(c) This Agreement shall be construed in accordance with the laws of the State of California and the City of El Cerrito.
(d) Any action arising from or brought in connection with this Agreement shall be venued in a court of competent jurisdiction in the County of Contra Costa, State of California. (e) If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
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32. Notices. All notices to be given hereunder shall be in writing and shall be mailed, by certified or registered United States mail, postage prepaid, or delivered (either personal delivery or delivery by private courier service). Notices may also be given by email or fax, provided that the notice is concurrently given by one of the methods described in the preceding sentence (with deposit in the mail or delivery to the courier to be made no later than the next business day following fax transmission) and that confirmation of completed transmission is obtained. The address for notices shall be:
The City: City of El Cerrito
7007 Moeser Lane
El Cerrito, CA 94530
Attn: Recreation Director
Email: [email protected]
FAX: (510) 528-9413
The District: Kensington Police Protection and Community Services District 10940 San Pablo Avenue
El Cerrito, CA 94530
Attn: General Manager
Email: [email protected]
The person and the place to which notices are to be mailed or delivered may be changed by either Party by written notice to the other Party given in accordance with the provisions of this Section.
33. Binding Effect. Subject to Section 25, each and all of the covenants, terms, agreements and obligations of this Agreement shall extend to and bind and inure to the benefit of the respective successors and assigns of the Parties hereto.
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IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the date first written above.
Licensee: Licensor:
Kensington Police Protection City of El Cerrito
and Community Services District
By: ________________________________ By: ________________________________ Tony Constantouros, Interim General Manager Karen Pinkos, City Manager ATTEST:
__________________________________ _____________________________ Holly Charley, City Clerk
APPROVED AS TO FORM:
__________________________________ _____________________________ Ann Danforth, District General Counsel Sky Woodruff, City Attorney 5132908.1
Agenda Packet Page 391 of 475
CLASSROOM-1 19' X 25' TALL CABINET COUNTER 3' 60' 13' 60' 48' LANDING 6.5' X 5' CLOSET 12' X 5' CLASSROOM-2 19' X 25' LOBBY 21' X 35' 5' OFFICE 11' X 13' TALL CABINET SINK COUNTER CONFERENCE ROOM 12' X 18' TALL COUNTER CABINET 2' COUNTER NO WALL RECEPTION/ WORK STATIONS 16' X 18' BUILDING A (48x60) 2880 SF LANDING 13' x 20' DINING/RECREATION 50' X 25' 3 STA. SINK WARMING OVEN COUNTER LOCKERS/ COAT RACK FRZ REF SINK BUILDING B (48x60) 2880 SF WALL DISHWASHER CLASSROOM 3 15' X 23' SERVING ROOM 22' X 23' STORAGE/ COMM. 9' X 25' PANTRY 10' X 10' SHELVES RAMP 30' x 4' RAMP 30' x 4' RAMP
4' x 28' 5' 5' CLASSROOM 4 14' X 23' PASSTHROUGH COUNTER 2' X 10' COUNTER (34" MAX HEIGHT) LANDING 6.5' X 5' WALL JANITOR CLOSET 5' x 8' RESTROOM 2 9' X 18' RESTROOM 1 9' X 18' MOP SINK SINKCOUNTER CLOSET 6' X 5' STAIRS STAIRS 5' Kearney Street Entrance
10940 San Pablo Avenue El Cerrito, CA 94530 Exhibit A Parking Lot (28 spaces, including 2 ADA) San Pablo Avenue 38'
25'
El Cerrito Police Department Structures
Agenda Packet Page 392 of 475
CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94530
Telephone (510) 215-4305 Fax (510) 215-4379 http://www.el-cerrito.org
SUPPLEMENTAL AGENDA MATERIALS
REGULAR CITY COUNCIL MEETING
July 19, 2022
(Revised June 20, 2022)
PUBLIC COMMENT INDEX
1. Public Comments received
Agenda Item 5A – Approval of Minutes
1. Revised Draft Minutes 20220621 (regular)
Agenda Item 7A – Fire Hazard Abatement
1. Revised Attachment 2, Exhibit A
Agenda Item 7B – Amended Foodware Ordinance Requiring Single-Use Foodware Accessories and Standard Condiments Packaged for Single-use to be Provided Only if Requested by a Consumer
1. Presentation
Agenda Item 7C – An Appeal of the Planning Commission's Approval of a Use Permit to Allow a Temporary Fire Station on Craft Avenue
1. Presentation
Agenda Item 8D – License Agreement with the Kensington Police Protection & Community Services District (KPPCSD) for Use of Site and Amenities at 10940 San Pablo Avenue
1. Presentation
Agenda Packet Page 393 of 475
CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94530
Telephone (510) 215-4305 Fax (510) 215-4379 http://www.el-cerrito.org
SUPPLEMENTAL AGENDA MATERIALS
PUBLIC COMMENT INDEX
REGULAR CITY COUNCIL MEETING
July 19, 2022
The following Public Comments were received by 2:00:00 p.m. 7/19/2022, were provided directly to City Councilmembers in advance of the meeting, and were posted online as supplemental materials at www.el-cerrito.org/CouncilMeetingMaterials Public Comments – Items Not on the Agenda
1. Cordell Hindler
2. Trina Mackie
3. Peter P.
4. Howdy Goudey, Chair, on behalf of Environmental Quality Committee
5. John Stashik
6. Michael Fischer
7. Nick Zamorano
8. Gary Prost
9. Sean Angles
10. Sue and Paul Duncan
11. Fred Bialy (received at meeting)
12. Buddy Akacić (received at meeting)
Agenda Item 7C – An Appeal of the Planning Commission's Approval of a Use Permit to Allow a Temporary Fire Station on Craft Avenue
1. Marilyn Stollon & John Graccione
Agenda Item 8C – Consulting Services Agreement with Koff & Associates for a Citywide Classification and Compensation Study
1. Cordell Hindler
Agenda Packet Page 394 of 475
From: Cordell Hindler
To: City Clerk
Subject: Public Comments- Not on Agenda
Date: Thursday, July 14, 2022 4:02:53 PM
Hello Mayor Quinto,
Council Members and Staff, I have some comments for the Record
1. For a Future Agenda, The Council should invite the General Manager to Provide an Update on the Restrictions on Use of Water
2. Also to have Sabrina Landreth to provide an Update on Park Services Sincerely
Cordell
Agenda Packet Page 395 of 475
From: Trina Mackie
To: City Clerk
Subject: Public Comments – Not on Agenda
Date: Monday, July 18, 2022 12:19:51 PM
Dear City Council,
I am writing to respectfully request the installation of a stop signs on Alta Punta Avenue approaching Jordan Avenue from both directions. Currently there are stop signs on Jordan Avenue approaching Alta Punta Avenue, but we believe this intersection should be a four-way stop. Because of the curve and hill on Alta Punta Avenue and the speed at which cars travel on Alta Punta Avenue, we believe pedestrians, cyclists, and cars will all be best protected with a four-way stop. We have lived on Jordan Avenue for 11 years, and have had several scarry crossings. Children and adults alike have to inch out into the intersection trying to see if cars are coming from either direction on Alta Punta.
Many are walking and biking to and from the parks (Canyon Trail Lower and Poinsett Park) on either end of Jordan, and we hope that this small investment will provide a great service to the community for generations to come.
Thanks for your consideration,
Trina Mackie
El Cerrito Resident on Jordan Avenue
Agenda Packet Page 396 of 475
From: Peter P
To: City Clerk
Subject: Not on Agenda, It Is Time to End Eviction Moratorium Date: Monday, July 18, 2022 4:40:01 PM
Honorable Council Members,
The City of El Cerrito is the only city in the entire Contra Costa County to still have a eviction moratorium.
The 5th Amendment of the United State Constitution reads: “Nor shall private property be taken for public use, without just compensation”.
"The clause is intended to uphold the principle that the government should not single out isolated individuals to bear excessive burdens, even in support of an important public good." Our city's eviction moratorium is a violation of the 5th Amendment because the city doesn't have the money nor the intention to compensate housing providers who are singled out to bear the excessive burden to house tenants who don't pay rent.
Sacrifying a few for a common good is an evil communist dotrine. It will lead to an opressive society in which the governed are sacrifiable and nobody is safe.
I personally don't have any delinquent tenant in my El Cerrito duplex, but I know small mom and pop housing providers who have to house tenants for many months without getting rent and with no hope insight due to your decision to let eviction moratorium last. If you were in the same situation as these small housing providers, I really doubt that any of you would survive the same financial burden you are requiring your constituency to shoulder.
It is time for our city to end the eviction moratorium.
Agenda Packet Page 397 of 475
7/13/2021
El Cerrito City Council
El Cerrito City Hall
10890 San Pablo Ave.
El Cerrito, CA 94530
Mayor Quinto and City Council Members,
The following recommendations from the El Cerrito Environmental Quality Committee were passed on 7/12/2022 with a vote of 10 ayes, 0 noes, 1 abstention and 2 absent.
Move/Second : Members Weinstein/O’Connor Action: Passed a motion to send to City Council the Climate Action Recommendations made by the EQC subcommittee (as amended based on discussion) Ayes : Goudey, Vekony, Milliken, Miner, Mitchell, Molnar, O’Connor, Pavel, Tarbet, and Weinstein Noes: None Abstain: Akacić Absent: Tsutsui and Spitalnik While directed as recommendations to the Council Subcommittee on Climate Action, they are ultimately recommendations to the entire Council.
Thank you for your consideration,
Howdy Goudey
Chair, Environmental Quality Committee
Agenda Packet Page 398 of 475
Climate Action Recommendations from EQC to City Council 7/12/2022 The Environmental Quality Committee (EQC) appreciates and supports the City Council's direction to begin funding a revised Climate Action Plan (CAP) process in the FY2022/23 budget. However, that process will take at least 1-2 years to set policy goals without achieving any adopted climate policy in the meantime. The Council's 2019 Climate Emergency Declaration communicated an acute sense of urgency and motivated the establishment of the Council Climate Subcommittee to bring proposals for near-term action back to the Council.
To keep up with the pace of action necessary to meaningfully meet the challenges of the climate emergency, it is vitally important to concurrently pursue climate actions, and related ordinances, in parallel with the development and adoption of a revised CAP. Toward that end, the following EQC recommendations to the Council Climate Subcommittee, and ultimately the whole Council, reiterate and expand on the earlier EQC recommendation that appears on pages 198-201 of the Sept 21, 2021 Council packet (also copied below), in order to offer a number of possible near-term climate actions to be considered for adoption before the CAP revision is complete.
For instance, as was the case for El Cerrito's first CAP, new GHG emissions targets can be established before CAP adoption.
It is important to recognize that a single climate action, whether it is a CAP, electrification ordinance, or anything else, is not sufficient to meet the challenge alone. We need a commitment to continual and comprehensive attention to reducing GHG emissions as a routine matter of course, not just a one-off action to check the climate action box and move on. Please see the excerpted conclusions from the 2022 IPCC Summary for Policymakers which lend support to the recommendations offered.
In addition to setting revised GHG emission targets as soon as possible, the EQC recommends the following near-term climate actions to Council for consideration and possible adoption before the completion of the revised CAP. These are starting points for further discussion and research. The EQC is happy to help staff vet any of these ideas further based on Council’s direction.
1. City-wide electrification ordinance (or include an all-electric building requirement in the San Pablo Specific Plan update and EIR). a. already communicated to Council as the EQC highest priority Climate Action in the Sept. 2021 recommendation
2. Implement expanded EV charging readiness fractions in the San Pablo Specific Plan update, minimum 50% of parking spaces served by automated shared Level 2 charging (at least one L2 EVSE per four spaces), with the remaining spaces covered by one dedicated Level 1 outlet per space (currently standard is 10% Level 2 ready)
a. also part of the Sept. 2021 recommendation
3. Require on-site solar or 100% renewable “Deep Green” electricity for projects in the San Pablo Specific Plan update
Agenda Packet Page 399 of 475
a. also part of the Sept. 2021 recommendation
4. Establish an interdepartmental task force to work on integrating climate action as a matter of routine business practice in the city with regular public reporting requirements
a. Contra Costa County implemented this administrative practice as part of their Climate Emergency Resolution and it has been effective
5. Explore possible transition to default 100% renewable (Deep Green) power for all El Cerrito customers (+1cent/kWh over current default). MCE Deep Green now costs less than PG&E's offering, but this would still need to be carefully considered in consultation with MCE, including equity impacts on low-income customers
a. Albany, Berkeley and 5 other Alameda county cities have done this already with EBCE (at a 100% renewable price that is higher than PG&E) b. perhaps less burden for city staff to implement because of support from MCE during transition
6. Change the Real Property Transfer Tax (RPTT) rebate so that it no longer offers heavy subsidies for efficient gas appliances which prolongs fossil fuel use and reliance on gas infrastructure (focus the efficiency rebates on electrification). a. combine with other potential updates to qualifying work for RPTT rebates b. perhaps this can be included inside an electrification ordinance, or otherwise, at a more administrative level?
7. Adopt a strict fleet vehicle policy that transitions as quickly as feasible to an all-electric fleet, or at least significantly lower GHG emissions with each vehicle purchase
a. exceptions for vehicle classes for which there are no market available options at a feasible price
b. require factoring in life-cycle fuel and maintenance costs in the cost comparison analysis of electric versus fossil fuel vehicles at the time of purchase
8. Procure renewable diesel for the central tank supplying all diesel fleet vehicles a. short-term transitional practice for existing vehicles and vehicle classes without feasible electric options
b. past compatibility issues with biodiesel should not be an issue with the different formulation of renewable diesel
c. question of GHG equivalence and scalability to source acceptable renewable diesel
Agenda Packet Page 400 of 475
References to conclusions in the IPCC 2022 Summary for Policymakers: (sections bolded below for emphasis were not bolded by IPCC authors)
C.4 Reducing GHG emissions across the full energy sector requires major transitions, including a substantial reduction in overall fossil fuel use, the deployment of low-emission energy sources, switching to alternative energy carriers, and energy efficiency and conservation. The continued installation of unabated fossil fuel infrastructure will ‘lock-in’ GHG emissions. (high confidence)
C.7 In modeled global scenarios, existing buildings, if retrofitted, and buildings yet to be built, are projected to approach net zero GHG emissions in 2050 if policy packages, which combine ambitious sufficiency, efficiency, and renewable energy measures, are effectively implemented and barriers to decarbonisation are removed. Low ambitious policies increase the risk of lock-in buildings in carbon for decades while well-designed and effectively implemented mitigation interventions, in both new buildings and existing ones if retrofitted, have significant potential to contribute to achieving SDGs in all regions while adapting buildings to future climate. (high confidence)
C.8 Demand-side options and low-GHG emissions technologies can reduce transport sector emissions in developed countries and limit emissions growth in developing countries (high confidence). Demand-focused interventions can reduce demand for all transport services and support the shift to more energy efficient transport modes (medium confidence). Electric vehicles powered by low emissions electricity offer the largest decarbonisation potential for land-based transport, on a life cycle basis (high confidence). Sustainable biofuels can offer additional mitigation benefits in land-based transport in the short and medium term (medium confidence). Sustainable biofuels, low emissions hydrogen, and derivatives (including synthetic fuels) can support mitigation of CO2 emissions from shipping, aviation, and heavy-duty land transport but require production process improvements and cost reductions (medium confidence). Many mitigation strategies in the transport sector would have various co-benefits, including air quality improvements, health benefits, equitable access to transportation services, reduced congestion, and reduced material demand (high confidence).
EQC Recommendation Background:
Aug 20, 2019: Council Adopts Climate Emergency Declaration Aug. 9, 2021: EQC votes to send climate action recommendations to Council Sept. 21, 2021: EQC recommendations put into Council record as public comment on pages 198-201 (copied below)
Agenda Packet Page 401 of 475
Climate Action Recommendations from EQC to City Council 8/10/2021 Two years have passed since the Council adopted a Climate Emergency Declaration and formed a Council Subcommittee with the intention to swiftly bring recommendations back to Council for prompt climate action. The August 2021 IPCC report states in the Summary for Policymakers: “Human-induced climate change is already affecting many weather and climate extremes in every region across the globe.” and “Global warming of 1.5°C and 2°C will be exceeded during the 21st century unless deep reductions in CO2 and other greenhouse gas emissions occur in the coming decades.”
The following recommendations from the EQC are made to the Council Climate Subcommittee, as well as the full Council, to help fulfill crucial climate action. Serious financial and public health emergencies have taken resources and attention from this topic, but the climate emergency has not gone away and remains as important as ever. The EQC urges expedient climate action.
The EQC supports the goal of revising the city’s GHG emissions target goals and the Climate Action Plan (CAP); however, we also suggest the Council consider, and explicitly identify, both near-term incremental climate actions (independent of the wider planning process), as well as pursuing a more comprehensive planning process. There is no time to waste waiting for the completion of a CAP. In the spirit of the Climate Emergency Declaration, there are many meaningful steps that can be taken immediately, and independently of the CAP update, that must be moved forward with urgency. (link to previous two EQC letters) Updated GHG emissions target recommendation (based on BAAQMD/CARB/CA):
1. At a minimum, consistency with the most recent draft of the AB 32 Scoping Plan by the California Air Resources Board (CARB), and the 2030 GHG targets established in SB 32
2. Consistency with the State’s long-term climate goals of reaching carbon neutrality by 2045 and achieving GHG emissions reductions equivalent to 80 percent below 1990 levels by 2050
3. Incorporate the GHG emissions targets above into the San Pablo Specific Plan supplemental EIR and update (GHG threshold of significance), as well as integration of these targets into an upcoming CAP, if not superseded by updated state targets before the CAP is adopted
Near-term climate actions:
1. The EQC’s highest priority recommendation for immediate action is to enact a City-wide electric only ordinance (no gas, or minimal exceptions) for new construction (or at least integrate electric only construction into San Pablo Ave Specific Plan update)
2. Implement expanded EV charging readiness fractions in the San Pablo Specific Plan update, minimum 50% Level 2, with the rest at least Level 1 (currently 10% Level 2)
3. Require on-site solar or 100% renewable “Deep Green” electricity for projects in the San Pablo Specific Plan update
Agenda Packet Page 402 of 475
Climate Action Plan update or longer-term actions:
Arranged by categories without an intended priority order. Any item can be moved up for more immediate action. All CAP policy and program development is expected to apply an equity lens, including asking the questions: Who benefits, who is impacted, who is left behind? *Items marked with an asterisk identify particular actions that can advance equity in important areas* ● Transportation
a. *Planning and building out the “last mile” bicycle/ped network* (including bike and e-bikeshare)
b. *Plan and build out off-street and protected bikeways* c. *Establish temporary and permanent car-free areas*
d. Incentivize electric bike and bike stations/infrastructure at BART stations i. Incentive E-mobility for income qualified (e.g. Justin Dawe at FreeBike is working with the City of Oakland on a 500 e-bike lending library program for low income neighborhoods. To be launched hopefully late this year.) ii. Comprehensive list of e-bike incentives
e. Do not sacrifice bikeway space in the road to accommodate increased reliance on street parking with coming Plaza BART parking reductions. f. *Enhanced local recreation and local businesses/services* g. Require EVSE ready construction in all new construction and major remodels i. Minimum fraction of Level 2 capacity (minimum 50%, round up) ii. Minimum Level 1 charging capacity for all parking spaces - Palo Alto has pilot
h. EVSE options for reduced off street parking situations (curbside charging) i. Seattle's cord cover guidance
ii. Vancouver's cord cover program
● Green Energy and Buildings
a. Expand scope of building electrification ordinance from initially adopted version i. See examples from a City of Berkeley presentation for this and other items below
b. Provide funding/incentives to support energy efficiency and electrification upgrades at time of sale, time of replacement, time of (major) renovation i. Expand code requirements for EV charging readiness and other electric readiness at time of other work
c. *Include indoor air quality range hood requirements/program* d. *Incentives for storage and other resiliency measures (community resource centers for power, clean air, etc.)*
e. Programs for grid-interactive efficient buildings (electrical and thermal storage and grid signals interacting with appliances)
f. Incentives/requirements for electric landscaping tools city wide Agenda Packet Page 403 of 475
g. Incentives/requirements to reduce embodied carbon in building materials (concrete, etc.)
i. reduce cement in concrete mix by at least 25%; using cement alternatives such as fly ash, slag, silica fume, rice hull ash
h. Reduction of construction waste (single use plastic and other materials) i. Implement programs to encourage salvage and material recycling/reuse from deconstruction
i. Enable easier permitting (appendix Q) for tiny houses (less than 400 sq ft) j. Develop community funded loan funds (public banking?) to finance efficiency and renewable energy upgrades/projects
● Waste
a. Expand single use plastic ordinance
b. Actively promote/require reusable foodware and reusable goods in favor of disposable
c. *Support the reuse and repair economy with a community reuse and repair program and tool lending library*
d. Implement policies to minimize and prevent refrigerant pollution e. *Strengthen infrastructure and partnerships for edible food recovery* f. Eliminate disposal of compostable organic materials to landfills g. Implement a local worm compost facility (at RERC) using commercial waste food stream for local high quality short cycling compost, rather than export ● Water
a. “Future proofing” water systems in new construction (drought resiliency) i. Separate greywater drains (on-site reuse)
ii. Non-potable plumbing (re-used water for toilet flushing, etc.) b. Enable easier permitting of graywater, non-potable water re-use and composting toilet installations
● Greenspace
a. *Maintain and expand green open spaces (small and large) to support carbon sequestration, water infiltration, local recreation and resilient biodiverse ecosystems, including (both private and public): tree planting, green infrastructure, and mitigation of tree and greenspace removal at other sites within the city, with special attention to equitable distribution of greenspace* ● Municipal Leadership
a. Aggressively move to an EV Fleet and do not replace with fossil fuel vehicles b. Reduce GHG employee commutes (workplace EV charging, e-bikes and more) find resources here
c. Municipal building/facility electrification
d. Move pool heat from gas to solar thermal and/or heat pump e. All-electric appliances/equipment (forklifts, mowers, blowers, etc.) Agenda Packet Page 404 of 475
From: John Stashik
To: City Clerk
Subject: Public Comments – Not on Agenda
Date: Monday, July 18, 2022 7:18:13 PM
KPIX reporter John Ramos filed a story in June about Richmond’s new business license tax, now calculated on gross receipts instead of by number of employees. Hilltop Ford general manager Leon Thomas stated his dealership’s tax increased by 7,000 percent! Nearby Hilltop Toyota was hit with a 12,000 percent hike. I’ve been informed Costco will see their annual tax bill go from $25,000 to $775,000.
El Cerrito city officials along with the Economic Development Committee, and the Chamber of Commerce, should invite overtaxed and under appreciated Richmond businesses to move across the city line and locate here. It’s low hanging fruit that can add to El Cerrito’s vitality.
The vacant OSH site, slated to become a beautiful, vibrant public storage facility (seriously), would be a perfect location for Hilltop Ford and the firm would save a lot of money moving to El Cerrito. How I wish our city had more space for new businesses.
To be perfectly clear, the City has no control over the use of private property. That’s a good thing, too. As long as applicable zoning rules are followed, a property owner can do what he or she desires.
The Community Development Department does an amazing job promoting El Cerrito even without a dedicated economic development person. No surprise, as everyone in that department loves this city. The best that can be done is get parties together, talk, and be a broker. So maybe somebody can give Leon Thomas a call. It’s worth a try.
John C. Stashik
El Cerrito
Agenda Packet Page 405 of 475
From: Michael Fischer
To: City Clerk
Cc: EC firesafe
Subject: Public Comment - Item Not On the Agenda
Date: Monday, July 18, 2022 10:13:50 PM
Mayor Quinto, Mayor Pro Tem Motoyama, and Councilmembers Abelson, Fadelli, and Rudnick —
As we are all too clearly aware of, we are in the midst of a multi-year drought with much of our city in a a Very High Fire Hazard Severity Zone. In much of that zone there are many winding and narrow streets.
Parking on both sides of these narrow streets, and indeed with parking allowed at all on the very narrow streets, bottlenecks will occur if evacuation is required and access by fire vehicles is needed. In Paradise and other communities faced with a similar situation — people died.
The cities of Los Angeles, Beverly Hills, Pasadena, Oakland and others have addressed this problem by restricting parking along narrow streets on Red Flag Days. Any city road that is too narrow to allow the longest/widest fire truck to pass when a car is parked on the street should have no parking on either side of the road on Red Flag Days. Slightly wider roads should allow street parking on one side only on Red Flag Days. These zones would be clearly posted, with those breaking these rules being towed.
Please direct the City Manager to take the necessary steps to have such a parking ordinance presented to you for action as soon as possible. We are already in fire season and need to provide for the safety of our residents.
Kind regards,
Michael
Michael Fischer (he him)
“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.” John Adams Agenda Packet Page 406 of 475
From: nick zamorano
To: City Clerk
Subject: Public Comments Not On The Agenda
Date: Tuesday, July 19, 2022 10:38:20 AM
Honorable Mayor Quinto and City Council:
It is time to get serious about implementing restricted parking on red flag days for particular neighborhoods in El Cerrito. As a resident in the El Cerrito hills there are narrow streets lined with cars parked on both sides making it difficult to drive a regular vehicle let alone a large fire engine or an emergency vehicle. During an emergency evacuation these neighborhoods would almost be impossible for a fire engine to maneuver around parked vehicles thus making our neighborhoods unsafe and at risk for property damage from a wildfire or earthquake. I strongly urge El Cerrito city council to adopt a city ordinance restricting street parking in specific neighborhoods on red flag days.
Thank you for taking the time to read my comments.
Nick Zamorano
El Cerrito Resident
Sent from Mail for Windows
Agenda Packet Page 407 of 475
From: Gary Prost
To: City Clerk
Subject: Public Comments - Not On the Agenda: Need for Restricted Parking on Red Flag Days Date: Tuesday, July 19, 2022 11:28:15 AM
City Council Meeting 19 July 2022
Public Comments - Not On the Agenda: Need for Restricted Parking on Red Flag Days Honorable Mayor Quinto and City Council:
We are in the midst of a multi-year drought; much of El Cerrito is classified by Cal Fire as a Very High Fire Hazard Severity Zone; the native grasses have been replaced by a lush urban forest, and we have many winding and narrow streets.
We are concerned that, with parking allowed on both sides of our streets, bottlenecks will develop during an urban wildfire as occurred in Paradise and elsewhere. Vehicles exiting an evacuation area, as well as access for fire engines and emergency vehicles will be hampered by cars parked along our narrow streets.
Cars legally parked on Contra Costa Dr near King Dr.
We urge El Cerrito City Council to follow the lead of Los Angeles, Beverly Hills, Pasadena, Berkeley, Kensington and other communities to restrict parking along narrow traffic corridors on Red Flag Days. We feel strongly that any city road that is too narrow to allow the longest/widest fire truck to Agenda Packet Page 408 of 475
pass should have no parking on either side of the road on Red Flag Days. Slightly wider roads should allow street parking on one side only on Red Flag Days. These zones would be clearly posted, with those breaking these rules being towed.
Let’s put safety first.
Sincerely,
Gary Prost
El Cerrito
Agenda Packet Page 409 of 475
From: Sean Angles
To: City Clerk
Subject: Public Comments – Not on Agenda - 7/19/2022 Regular City Council Meeting Date: Tuesday, July 19, 2022 12:57:19 PM
Public Comments – Not on Agenda
7/19/2022 Regular City Council Meeting
ISSUE: El Cerrito Community Center Re-Opening Date
FROM: Sean D Angles
TO: El Cerrito City Council
[email protected]
I urge the Council to support re-opening El Cerrito Community Center for private rental events, and to assure resources available to the Recreation Department team so they can prioritize a re-opening date.
My name is Sean D Angles. Our family has been patiently waiting for a re-opening date so we may host a meaningful memorial for our deceased father, Bob (Robert) Dangles, who was a 38 years employee of El Cerrito Parks Department.
Bob Dangles worked on the original El Cerrito team to build, landscape, open, and maintain the Community Center during his Parks Department career from 1959 - 1997.
He grew up in El Cerrito, graduated from El Cerrito High School, and earned a Landscape Architecture degree at CalPoly San Luis Obispo. Our family continues residency at his original house on Richmond Street.
We’d like to honor his lifetime contributions to public parks and recreation. I’d like to propose his memorial to be a Community Center re-opening first event.
Thank you,
Sean D Angles
Agenda Packet Page 410 of 475
From: Sue Duncan
To: City Clerk
Subject: Public Comment, Not on Agenda
Date: Tuesday, July 19, 2022 1:20:36 PM
Mayor and City Council Members,
It is time to add completed home hardening projects to the items on the RPTT discounts list. Strengthening homes against wildfire risks is at least as important as the other items on the list. Hardening homes against the embers has been proven to reduce home ignitions from wildfire. Sixty-five to ninety percent of home ignitions during a wildfire are caused by the embers being blown ahead of the fire.
As the drought worsens and the specter of the fall hot, dry Diablo Winds looms, the city must do what it can to encourage residents to protect their homes and those of their neighbors.
Items to be considered are:
* 1/8 inch metal screening to cover attic and crawlspace vents or use a product such as a Vulcan vent
* replace single-pane windows with double-pane tempered glass windows * enclosing eaves
* replacing roof with class A roofing material
* replacing wooden siding with non-combustible siding
* replacing plastic skylights with double-pane glass ones * replacing the first five feet of wooden fencing, gates or railings that attach to the house with non-flammable material
* replacing the first board of decks that butt up against the house with non- flammable material
For more information please check out the booklet Wildfire Home Retrofit Guide.
It can be found at readyforwidlfire.org website along with much more good info.
The link for it is here
https://www.readyforwildfire.org/wp-content/uploads/Wildfire_Home_Retrfit_Guide1.26.21.pdf Thank you,
Sue and Paul Duncan
Make El Cerrito Fire Safe
Agenda Packet Page 411 of 475
From: Marilyn Stollon
To: City Clerk
Cc: Larry Nagel; Bill Hansell
Subject: Re Council Meeting: Public Comment Agenda Item 7C Date: Thursday, July 14, 2022 4:40:38 PM
Dear Council Members:
I am writing to urge you to approve the use permit as stated in your agenda :
“An Appeal of the Planning Commission's Approval of a Use Permit to Allow a Temporary Fire Station on Craft Avenue”.
As a resident of Kensington I have followed and supported the actions of the Kensington Fire District to develop a plan for seismic upgrading and renovation of the PSB for EC and Kensington firefighters.
This project which was recently approved by the KFD board (loans and construction bid) is on a very tight schedule in order to get the benefit of low interest loans etc. Any delay could scuttle the project, or increase costs. Having followed GM Hansell’s progress in identifying appropriate options for a temporary site, his thoroughness in reviewing options, pros and cons, it is clear that the use permit is appropriate, well conceived and will safely meet the needs of the community, while the fire department continues to provide services to both EC and Kensington.
Most importantly, we firmly believe that our first responders need timely, safe, comfortable facilities in order to do their job in a professional manner. The remodel of the PSB is a high priority in view of our seismic and wildfire risks.
Please reject this appeal —and approve the use permit— so that the project can move forward without delay. Without the Craft St. site, I do not believe there is another option for a location.
Sincerely,
Marilyn Stollon
John Gaccione
Agenda Packet Page 412 of 475
From: Cordell Hindler
To: City Clerk
Subject: Public Comments- 8.C
Date: Thursday, July 14, 2022 4:10:09 PM
Hello Mayor Quinto, Council Members and Staff
I am asking the Council to Authorize the City Manager to an Agreement with Koff & Associates Sincerely
Cordell
Agenda Packet Page 413 of 475
El Cerrito City Council: AT
RECEIV
THE MEETIN ~ It's Time to Act on the Climate Emergency! JUL · 19 2022 In the city of El Cerrito, all NEW CONSTRUCTION, both residential and commercial, must be fully electric. CITY OF EL CERRITO
CITY CLERK
The El Cerrito Climate Emergency Resolution of August 20, 2019, supported an "increase in our Citywide GHG (greenhouse gas) emissions reduction rate" and a commitment to "strive for zero GHG emission Citywide as quickly as possible." The intent included updating the 2013 CAP (Climate Action Plan) in 2020. The city's CAP has yet to be updated. A City Council Climate Subcommittee was also formed to recommend immediate actions that the City could take to address the climate emergency. The City's financial crisis and the pandemic, however, seem to have stalled action. We welcome that the City's budget finally includes funding to start the CAP update, but more action is urgently required. The City is now in the process of preparing its Housing Element to accommodate the state-mandated Regional Housing Needs Allocation of 1,391 new residential housing units in the next 8 years. Many other largescale construction projects are already in the pipeline. To lessen the impacts of the climate emergency, all NEW CONSTRUCTION, both residential and commercial, must be fully electric.
We, the undersigned, ask the City Council to immediately direct the City staff to prepare drafts of an ordinance that requires new construction in El Cerrito to be all electric, and to present this draft to the City Council for review no later than September 30, 2022.
We also ask that the Climate Subcommittee, by the same date, present to the full City Council and the public, additional immediate actions to be taken to address the climate emergency. We don't want El Cerrito to ignore the climate emergency any longer! Name (PLEASE PRINT):
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Agenda Packet Page 414 of 475
El Cerrito City Council: @
It's Time to Act on the Climate Emergency!
in the city of El Cerritn, all NEW CONSTRUCTION, both residential and comrr.ercial, must be fully eiectric.
Name (PLEASE PRINT):
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Agenda Packet Page 415 of 475
El Cerrito City Council:
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It's Time to Act on the Climate Emergency!
In the city of El Cerrito, all NEW CONSTRUCTION, both residential and commercial, must be fully electric.
Name (PLEASE PRINT}:
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Agenda Packet Page 416 of 475
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It's Time to Act on the Climate Emergency!
In the city of El Cerrito, all NEW CONSTRUCTION, both residential and commercial, must be fully electric.
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Agenda Packet Page 417 of 475
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El Cerrito City Council:
It's Time to Act on the Climate Emergency!
In the city of El Cerrito, all NEW CONSTqLJCTION, both residential and commercial, must L,e fully electric.
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Agenda Packet Page 418 of 475
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It's Time to Act on the Climate Emergency!
In the city of El Cerrito, all NEW CONSTRUCTION, both residential and commercial, must be fully electric.
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Agenda Packet Page 419 of 475
El Cerrito City Council: Ci)
It's Time to Act on the Climate Emergency!
In the city of El Cerrito, all NEW CONSTRUCTION, both residential and commercial, must be fully electric.
The El Cerrito Climate Emergency Resolution of August 20, 2019, supported an "increase in our Citywide GHG (greenhouse gas) emissions reduction rate" and a commitment to "strive for zero GHG emission Citywide as quickly as possible." The intent included updating the 2013 CAP (Climate Action Plan) in 2020. The city's CAP has yet to be updated. A City Council Climate Subcommittee was also formed to recommend immediate actions that the City could take to address the climate emergency. The City's financial crisis and the pandemic, however, seem to have stalled action. We welcome that the City's budget finally includes funding to start the CAP update, but more action is urgently required. The City is now in the process of preparing its Housing Element to accommodate the state-mandated Regional Housing Needs Allocation of 1,391 new residential housing units in the next 8 years. Many other largescale construction projects are already in the pipeline. To lessen the impacts of the climate emergency, all NEW CONSTRUCTION, both residential and commercial, must be fully electric.
We, the undersigned, ask the City Council to immediately direct the City staff to prepare drafts of an ordinance that requires new construction in El Cerrito to be all electric, and to present this draft to the City Council for review no later than September 30, 2022.
We also ask that the Climate Subcommittee, by the same date, present to the full City Council and the public, additional immediate actions to be taken to address the climate emergency. We don't want El Cerrito to ignore the climate emergency any longer! Name (PLEASE PRINT): Signature: Home Address:
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Agenda Packet Page 420 of 475
El Cerrito City Council: ®
It's Time to Act on the Climate Emergency!
In the city of El Cerrito, all NEW CONSTRUCTION, both residential and commercial, must be fully electric.
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Agenda Packet Page 421 of 475
El Cerrito City Council: @
It's Time to Act on the Climate Emergency!
In the city of El Cerrito, all NEW CONSTRUCTION, both residential and commercial, must be fully electric.
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Agenda Packet Page 422 of 475
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It's Time to Act on the Climate Emergency!
In the city of El Cerrito, all NEW CONSTRUCTION, both residential and commercial, must be fully electric.
Name (PLEASE PRINT):
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Agenda Packet Page 423 of 475
El Cerrito City Council: @
It's Time to Act on the Climate Emergency!
In the city of El Cerrito, all NEW CONSTRUCTION, both residential and commercial, must be fully electric.
Name (PLEASE PRINT):
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Agenda Packet Page 424 of 475
El Cerrito City Council: @
It's Time to Act on the Climate Emergency!
In the city of El Cerrito, all NEW CONSTRUCTION, both residential and commercial, must be fully electric.
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Agenda Packet Page 425 of 475
El Cerrito City Council:
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It's Time to Act on the Climate Emergency!
In the city of El Cerrito, all NEW CONSTRUCTION, both residential and commercial, must be fully electric.
The El Cerrito Climate Emergency Resolution of August 20, 2019, supported an "increase in our Citywide GHG (greenhouse gas) emissions reduction rate" and a commitment to "strive for zero GHG emission Citywide as quickly as possible." The intent included updating the 2013 CAP (Climate Action Plan) in 2020. The city's CAP has yet to be updated. A City Council Climate Subcommittee was also formed to recommend immediate actions that the City could take to address the climate emergency. The City's financial crisis and the pandemic, however, seem to have stalled action. We welcome that the City's budget finally includes funding to start the CAP update, but more action is urgently required. The City is now in the process of preparing its Housing Element to accommodate the state-mandated Regional Housing Needs Allocation of 1,391 new residential housing units in the next 8 years. Many other largescale construction projects are already in the pipeline. To lessen the impacts of the climate emergency, all NEW CONSTRUCTION, both residential and commercial, must be fully electric.
We, the undersigned, ask the City Council to immediately direct the City staff to prepare drafts of an ordinance that requires new construction in El Cerrito to be all electric, and to present this draft to the City Council for review no later than September 30, 2022.
We also ask that the Climate Subcommittee, by the same date, present to the full City Council and the public, additional immediate actions to be taken to address the climate emergency. We don't want El Cerrito to ignore the climate emergency any longer! Name (PLEASE PRINT): Home Address:
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Agenda Packet Page 426 of 475
El Cerrito City Council: @
It's Time to Act on the Climate Emergency!
In the city of El Cerrito, all NEW CONSTRUCTION, both residential and commercial, must be fully electric.
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Agenda Packet Page 427 of 475
El Cerrito City Council:
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It's Time to Act on the Climate Emergency!
In the city of El Cerrito, all NEW CONSTRUCTION, both residential and commercial, must be fully electric.
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Agenda Packet Page 428 of 475
El Cerrito City Council: ®
It's Time to Act on the Climate Emergency!
In the city of El Cerrito, all NEW CONSTRUCTION, both residential and commercial, must be fully electric.
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Agenda Packet Page 429 of 475
El Cerrito City Council:
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It's Time to Act on the Climate Emergency!
In the city of El Cerrito, all NEW CONSTRUCTION, both residential and commercial, must be fully electric.
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Agenda Packet Page 430 of 475
El Cerrito City Council: (@
It's Time to Act on the Climate Emergency!
In the city of El Cerrito, all NEW CONSTRUCTION, both residential and commercial, must be fully electric.
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Agenda Packet Page 431 of 475
El Cerrito City Council: @
It's Time to Act on the Climate Emergency!
In the City of El Cerrito, all NEW CONSTRUCTION, both residential and commercial, must be fully electric.
The El Cerrito Climate Emergency Resolution of August 20, 2019, supported an "increase in our Citywide GHG (greenhouse gas) emissions reduction rate" and a comrr.itment to "strive for zero GHG emission Citywide as quickly as possible." The intent included updating the 2013 CAP (Climate Action Plan) in 2020. The city's CAP has yet to be updated. A City Council Climate Subcommittee was also formed to recommend immediate actions that the City could take to address the climate emergency. The City's financial crisis and the pandemic, ho~ever, seem to have stalled action. We welcome that th.e City's budget finally includes funding to start the CAP_ update, but more action is urgently required. The City is now in the process of preparing its Housing Element to accommodate the state-mandated Regional Housing Needs Allocation of 1,391 new residential housing units in the next 8 years. Many other largescale construction projects are already in the pipeline. To lessen the impacts of the climate emergency, all NEW CONSTRUCTION, both residential and commercial, must be fully electric.
We, the undersigned, ask the City Council to immediately direct the City staff to prepare drafts of an ordinance that requires new construction in El Cerrito to be all electric, and to present this draft to the City Council for review no later than September 30, 2022.
We also ask that the Climate Subcommittee, by the same date, present to the full City Council and the public, additional immediate actions to be taken to address the climate emeigency. We don't want El Cerrito to ignore the climate emergency any longer! Name (PLEASE PRINT):
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Agenda Packet Page 432 of 475
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It's Time to Act on the Climate Emergency!
In the city of El Cerrito, all NEW CONSTRUCTION, both residential and commercial, must be fully electric.
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Agenda Packet Page 433 of 475
Agenda Packet Page 434 of 475
El Cerrito City Council:
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It's Time to Act on the Climate Emergency!
In the city of El Cerrito, all NE\N CONSTRUCTION, both residential and commercial, must be fully electric.
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1 Agenda Packet Page 436 of 475
RECEIVED
AT THE MEETING OF
JUL 19 2022
Pro -The city is obligated to provide services for seniors. They m~loJPEecERRJT quarter of its population. c1TvctERK
0 Con - However, the city is not motivated to provide such services for seniors. One underlying reason for this
may be related to El Cerrito's tax base. The income from property taxes rises dramatically when seniors
sell their homes, are pushed out of the community, and property taxes can rise. It behooves the city to encourage
turnover of properties because property taxes, and thus income for the city, increase when properties
change hands. As a result, the importance of seniors in the community is diminished from an economic
perspective.
Why we need a senior center in El Cerrito
Seniors need places to meet up and develop a sense of community and purpose.
Senior centers validate the importance of seniors in the community and provide vital services
and activities for this sector of the community. All surrounding cities recognize this fact.
These facilities and services serve as a standing model for El Cerrito. It is an embarrassment
to El Cerrito seniors that their wishes for a meeting place continue to go unrecognized. Options
for a physical plant for the senior center might include space in one of the city clubhouses -
Arlington Park Clubhouse, Castro Clubhouse, or Canyon Trail Clubhouse.
Space would be provided
free of charge to the senior community.
These issues around re-establishing a senior center in El Cerrito are of the highest priority.
This is a problem that can be solved with minimal fiscal impact.
Establishing the center should be a
collaboration between seniors and city staff assigned to work with the community to get the job done.
Agenda Packet Page 437 of 475
EL CERRITO CITY COUNCIL DRAFT MINUTES
CONCURRENT SPECIAL MEETING OF THE EL CERRITO PUBLIC FINANCING
AUTHORITY, EMPLOYEE PENSION TRUST BOARD,
AND REGULAR MEETING OF THE CITY COUNCIL
JUNE 21, 2022 – 7:00 p.m.
Members:
Mayor Gabe Quinto
Mayor Pro Tem Lisa Motoyama · Councilmember Janet Abelson Councilmember Paul Fadelli · Councilmember Tessa Rudnick Meeting Location:
Council Chambers, 10890 San Pablo Avenue El Cerrito, CA 94530 Interested individuals can participate or view the City Council meeting as follows:
1. In-person at the meeting location listed above
2. Cable T.V. Broadcast on KCRT Channel 28
3. Livestream Online at www.el-cerrito.org/CouncilMeetingMaterials
4. Via Zoom (Closed Captioning available):
https://us06web.zoom.us/j/86901417511?pwd=ZzNkL0UrTEZaN3VIOVlTaEkrMFBWQT09 Meeting ID: 869 0141 7511 Password: 681521 Dial in: 1-408-638-0968 Each period for public comment will be announced. Public Comments may be submitted one of the following ways:
1. In-person by submitting a request to speak to the City Clerk.
2. Via Zoom using the “Raise Hand” icon to request to speak. If joining by phone, dial *9 to "raise your hand", and when prompted by the host, *6 tounmute/mute.
3. Via email to [email protected]. Email must contain in the subject line Public Comments – Not on Agenda or Public Comments – Agenda Item #.
To ensure City Council receives your written comments prior to taking action, they must be received by 2:30 p.m. the day of the meeting. All written comments received by this deadline will be provided to the City Council and posted online in advance of the meeting.
Comments received after the deadline will be provided to the City Council and included with supplemental materials after the meeting. No written comments will be read into the record.
Consistent with the Brown Act as amended by AB 361 (2021), members of the City Council, staff, presenters and the public may participate in-person at the location listed above, or remotely via zoom. In-person attendance will be limited to available seats and designated accessible spaces only (no standing room) with chairs spaced to encourage social distancing. Masks are strongly recommended.
Agenda Item No. 5.A.
Agenda Packet Page 438 of 475
7:00 P.M. ROLL CALL – CONVENE CONCURRENT SPECIAL MEETING OF
THE EL CERRITO PUBLIC FINANCING AUTHORITY, EMPLOYEE
PENSION TRUST BOARD, AND REGULAR MEETING OF THE CITY
COUNCIL
Mayor Quinto called the meeting to order at 12:00 AM.
Present: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Absent:
None
1. PLEDGE OF ALLEGIANCE TO THE FLAG OR OBSERVATION OF A
MOMENT OF SILENCE
2. TELECONFERENCE AND PUBLIC COMMENT INSTRUCTIONS
3. COUNCIL/STAFF COMMUNICATIONS
Reports of closed session, commission appointments and informational reports on matters of general interest which are announced by the City Council and staff.
City Manager Pinkos - provided an update on public health conditions, and evaluation of city hall public hours
Police Chief Keith - announced National Night Out will be held in El Cerrito on August 2nd, and fireworks enforcement increase leading up to July 4th.
Councilmember Rudnick - reported on attendance at RecycleMore meeting, Cal Cities Public Safety policy committee meeting, Financial Advisory Board meeting, ABAG general assembly, and Cal Cities East Bay division, Juneteenth Festival in Richmond.
Mayor Pro Tem Motoyama - announced the Recycling Center 50th anniversary celebration on August 5, 2022.
Councilmember Fadelli - announced BART Board meeting and tour of the Del Norte BART station.
Councilmember Abelson - announced new farmers market in El Cerrito geared for senior and low-income shoppers.
Mayor Quinto - announced advisory body meeting appointments from the special meeting, announced the 1st quarter centenarians recognized for January - March: Elizabeth Liesel Tilles, Esher Tanizawa, Milton William, and Ruby Adachi Hiramoto who, presented the proclamation in person.
4. ORAL COMMUNICATIONS FROM THE PUBLIC
Remarks are typically limited to 3 minutes per person. The Mayor may reduce the time limit per speaker depending upon the number of speakers and may limit the total time for public comment to facilitate the completion of business on the agenda.
Comments regarding non-agenda, presentation and consent calendar items will be heard first. Comments related to items appearing on the Public Hearing or Policy Matter portions of the Agenda will be heard prior to the City Council taking action on each item.
Agenda Packet Page 439 of 475
All written comments submitted prior to and during the meeting were posted online as supplemental materials and incorporated into the official meeting record. Written public comments for matters not on the agenda were received from Cordell Hindler.
Oral Public Comments:
Miguel Gravelle Izaguirre - spoke in support of reducing the police department's budget and put more resources to social services, and in support of rehiring staff to provide programs.
John Qua - spoke in support of reducing the police budget and putting more resources to social services.
Yari Greaney - spoke regarding concern about lack of public engagement in the budget process and in support of changes to services and approach to providing public safety.
Rayah James - commented on concern about police vehicles driving and blocking access on the Ohlone Greenway.
5. ADOPTION OF THE CONSENT CALENDAR
All items on the consent calendar shall be acted upon in one motion, unless a member of the City Council or staff request separate consideration.
Moved/Seconded: Councilmember Rudnick/Councilmember Abelson Action: Approved the consent calendar as indicated below. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
A. Wall of Fame Ad-Hoc Committee Appointment
Action Proposed: At the request of Mayor Quinto, appoint an ad-hoc committee comprised of Councilmember Fadelli and Mayor Pro Tem Motoyama to 1) review qualified nomination applications received subsequent to the July 1st deadline; and 2) perform a review of the Wall of Fame guidelines and procedures.
Contact: Holly M. Charléty, City Clerk, City Management Action: Approved amended appointment of Councilmember Abelson and Mayor Pro Tem Motoyama to Wall of Fame Ad-Hoc committee B. Authorize City Council and City Advisory Body Meetings to be Held Via Teleconference Pursuant to Assembly Bill 361 (AB 361) Action Proposed: Adopt a resolution authorizing City Council and City Advisory Body meetings to be held via teleconference for a period of 30 days, and making related findings pursuant to AB 361.
Contact: Holly M. Charléty, City Clerk, City Management Action: Approved Resolution No. 2022-40
Agenda Packet Page 440 of 475
C. Call, Consolidate and Request Election Services for a November 8, 2022 General Municipal Election for the Purpose of Electing Two Members of City Council
Action Proposed: Adopt a resolution to call for a general municipal election to be held on Tuesday, November 8, 2022 for the purpose of electing two members of the El Cerrito City Council, each for a term of four years; and to request the Contra Costa County Board of Supervisors consent and direct the Registrar of Voters to provide specified services to the City related to the conduct of the election.
Contact: Holly M. Charléty, City Clerk, City Management Action: Approved Resolution No. 2022-41
D. SB 1 - The Road Repair and Accountability Act, List of Projects for Fiscal Year 2022-23
Action Proposed: Approve a resolution adopting a list of projects for Fiscal Year 2022-23 to receive funding from Senate Bill 1 – The Road Repair and Accountability Act of 2017 through the Local Streets and Roads Program.
Contact: Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Action: Approved Resolution No. 2022-42
E. Agreement with Rubicon Landscape Corporation for Parks Landscape Maintenance Services
Action Proposed: Adopt a resolution authorizing the City Manager to execute an agreement with Rubicon Landscape Corporation in an amount not to exceed $164,733, in Fiscal Year 2022-23, to provide Parks Landscape Maintenance Services, effective July 1, 2022, for a period of three years, with an option to annually extend three years thereafter, contingent upon funding being appropriated by the City Council in future City budgets.
Contact: Will Provost, Operations and Environmental Services Division Manager, Public Works Department; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Action: Approved Resolution No. 2022-43
F. Construction Contract Award for Arlington Boulevard Guardrail Replacement Project, N0. C3081.A
Action Proposed: Adopt a resolution approving plans and specifications for the Arlington Boulevard Guardrail Replacement Project, City Project No. C3081.A (Project); rejecting the bid submitted by California Constructors as non-responsive and accepting the other two bids submitted for the Project; authorizing the City Manager to execute a contract in the amount of $92,500 with Dirt and Aggregate Agenda Packet Page 441 of 475
Interchange Inc. and to approve change orders in an amount not to exceed $10,000 for the construction of the Project; and amending the Fiscal Year (FY) 2021-22 Budget and Capital Improvement Program to appropriate $107,500 from the Measure J Return to Source Fund Balance for the Project to cover construction costs including $5,000 in miscellaneous costs.
Contact: Roland Lambert, Acting Engineering Manager/Senior Engineer, Public Works Department; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Action: Approved Resolution No. 2022-44
G. Agreement for Commingled Recyclable Materials Processing Services
Action Proposed: Adopt a resolution authorizing the City Manager to execute an Agreement with Napa Recycling and Waste Services, LLC (NRWS) for a total amount not to exceed $220,000 annually for commingled recyclable materials processing services.
Contact: Christina Leard, Management Analyst III, Public Works Department; Will Provost, Operations and Environmental Services Division Manager, Public Works Department; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Action: Approved Resolution No. 2022-45
6. PRESENTATIONS
A. July 4th World One Celebration Event
Action Proposed: Receive and file a brief presentation on the July 4th World One Celebration event details and sponsorship.
Contact: Chris Jones, Recreation Director, Recreation Department Recognized donors and sponsors and Stars and Stripes contributors which included Premier Graphics and Stege Sanitary who were presented with certificates of appreciation.
7. PUBLIC HEARINGS
A. Fire Hazard Abatement
Exempt from CEQA review pursuant to Sections 15304 and 15308.
Public Hearing noticed 6/11/2022.
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.
Agenda Packet Page 442 of 475
Contact: David Yun, Fire Prevention Officer; Chase Beckman, Fire Marshal, Fire Department
Moved/Seconded: Councilmember Rudnick/Councilmember Abelson Action: Approved Resolution No. 2022-46 (Declaring Identified Properties) with revised Exhibit A. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
Public Hearing: Mayor Quinto opened the public hearing.
Public Comments: All written comments submitted prior to and during the meeting were posted online as supplemental materials and incorporated into the official meeting record. Written public comments for this item were received from Gary Prost.
No oral public comments.
Moved/Seconded: Mayor Pro Tem Motoyama/Councilmember
Abelson Action: Closed the public hearing. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
Moved/Seconded: Councilmember Rudnick/Mayor Pro Tem
Motoyama
Action: Adopted Resolution 2022-47 (Overriding
Objections) Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
8. POLICY MATTERS
A. Management and Confidential Employees Resolution
Action Proposed: Adopt a resolution modifying salaries, benefits, and conditions of employment for Management and Confidential Employees. Contact: Shannon Bassi, Senior Human Resources Analyst
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding auto allowance, add in the future a whereas clause on the hard work of the staff, and continuation of the increase to employee contributions for retirement.
Public Comments:
John Stashik - spoke regarding the high level of work product despite recent reductions.
Agenda Packet Page 443 of 475
Moved/Seconded: Councilmember Rudnick/Councilmember Fadelli Action: Approved Resolution No. 2022-48 amended to add a clause stating "WHEREAS Management and Confidential employees are recognized for their ongoing hard work." and include "from its current fleet" under section 2.7. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
Administrative Note: Resolution 2022-48 rescinded Resolution 2021- 34 (not 2020-34 as stated in the adopted resolution.) The clerical error was fixed administratively in the final version of the resolution.
B. CITY COUNCIL/PUBLIC FINANCING AUTHORITY/EMPLOYEE
PENSION TRUST BOARD
Approval of the City’s Fiscal Year 2022-23 Proposed Budget and Spending Authority by Fund for the City, Employee Pension Board, and Public Financing Authority and Approval of the FY 2022-23 Annual Gann Appropriation Limit.
Action Proposed: Staff requests that the City Council 1) Adopt a City Council resolution authorizing Fiscal Year 2022-23 spending authority by fund for the City of El Cerrito; 2) Adopt a El Cerrito Public Financing Authority resolution authorizing Fiscal Year 2022-23 spending authority by fund; 3) Adopt a El Cerrito Employee Pension Board resolution authorizing Fiscal Year 2022-23 spending authority by fund; and 4) Adopt a City Council resolution approving the calculation and establishing the FY 2022-23 annual Gann Appropriation Limit.
Contact: Karen Pinkos, City Manager, City Management; Sandra Dalida, Finance Director/City Treasurer, Finance Department Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding increase of interest rates, expected recession and effects on fund balance, proposed expenditure from the Public Arts Fund, modifications to the budget document, identification of library hours in budget book, Real Property Transfer Tax (RPTT) assumptions, available affordable housing dollars, housing and safety element costs, use of Measure H funds, what is the plan to address a potential recession, amount of equity discussion in setting the proposed budget, future plans for July 4th funding, and 115 trust funding.
Financial Advisory Board (FAB) Chair Patterson provided an overview of recommendations by the FAB. Approval is recommended subject to an increase to reserve funds by the surplus amount of $812,003 and to obtain more public input and feedback prior to Council approval.
Agenda Packet Page 444 of 475
Public Comments: All written comments submitted prior to and during the meeting were posted online as supplemental materials and incorporated into the official meeting record. Written public comments for this item were received from Miquel Gravelle Izaguirre, Seth Morrison, Shobit, Danielle Westbrook, Zach Weinstein, Michael Fischer, and Allison Cooper.
Oral Comments:
Al Miller - spoke in support of the written comments from Michael Fischer, Contra Costa Library Commissioner, and support of funding for additional library hours.
Seth Morrison - commented on council response to public participation and need to improve public safety with mental health care.
John Stashik - spoke in support of adoption of the proposed budget, support of the July 4th celebration, and spoke against reductions to the police department.
Vanessa Warheit - spoke regarding need for increased community involvement in the budget cycle, need for equity and climate consideration in decisions, and need for a budget reflecting community value, consider a vacancy tax and in-lieu fees reviewed.
Rosa Esquivel - spoke in support of budget for police and fire, funding to assist in reducing fire responses and increase inspector positions.
Yari Greaney - commented on the estimate for a dedicated CORE team, clarified efforts are to look at police as an institution not individual officers, and creative ways to reduce police personnel.
Rayah James - spoke in support of greater community engagement and consideration of a change in the budgeting process, asked for no vehicles on the Ohlone Greenway.
Ida - commented regarding the public comment process, need for additional community engagement, and against an increase to the police department budget.
Shobit Singh - spoke against an increase to the police department budget, and referred to comments and discussion at recent council meetings.
Nick Brooks - spoke against an increase to the police department budget and need to alternative resources, need for additional community engagement.
Agenda Packet Page 445 of 475
Moved/Seconded: Mayor Pro Tem Motoyama/Councilmember
Rudnick Action: Failed motion to postpone adoption and schedule a special meeting for Tuesday, June 28th Ayes: Mayor Pro Tem Motoyama, Councilmember Rudnick Noes: Mayor Quinto,
Councilmember Abelson, Councilmember Fadelli
Moved/Seconded: Councilmember Abelson/Councilmember Fadelli Action: Motion to approve the staff recommendation and approve the four resolutions as submitted.
An amendment was requested by Mayor Pro Tem Motoyama to add resolved clauses asking that 1) changes over $45,000 (positive or negative) be returned to council as an information item for review and discussion and 2) any budget adjustment should ensure a budget surplus of no less than $800,000. The amendment was not accepted by the Council member who made the motion.
Approved Resolution 2022-49 (City Council Spending Authority), Public Financing Authority Resolution 2022-01, El Cerrito Employee Pension Board Resolution 2022-01, and Resolution 2022-50 (GANN Limit) Ayes: Mayor Quinto, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: Mayor Pro Tem Motoyama
9. CITY COUNCIL LOCAL & REGIONAL LIAISON ASSIGNMENTS Mayor and City Council communications regarding local and regional liaison assignments and committee reports.
Councilmember Fadelli - reported on attendance at Cal Cities Transportation and Public Utilities Policy committee.
Mayor Pro Tem Motoyama - reported on attendance at Cal Cities Housing, Community, and Economic Development Policy committee.
10. ADJOURN REGULAR CITY COUNCIL MEETING
The regular meeting adjourned at 10:18 PM
Gabe Quinto, Mayor
This is to certify that the foregoing is a true and correct copy of the minutes of the City Council meeting of June 21, 2022 as approved by the El Cerrito City Council.
Holly M. Charléty, MMC, City Clerk
Agenda Packet Page 446 of 475
EXHIBIT A1
As of 7/19/22
City of El Cerrito Fire Department
List of Real Property Constituting Public Nuisances
APN Street Address
503-302-051 918 Galvin Dr.
505-103-023 7755 Earl Ct.
505-203-022 1220 King Dr.
505-261-003 886 Shevlin Dr.
Agenda Item No. 7.A.
Agenda Packet Page 447 of 475
Proposed Changes to the
El Cerrito Foodware
Ordinance to
Accommodate AB 1276 –
Foodware by Request
Christina Leard, Operations +
Environmental Services Division
July 19, 2022
Agenda Item No. 7.B.
Agenda Packet Page 448 of 475
Presentation
Overview • What is AB 1276? • Proposed Changes • Impacted Food Facilities • Impacted Products • Alignment with City Goals / Recent legislation
• Resources for Businesses • Timeline for Transition and Enforcement
2 Agenda Packet Page 449 of 475
What is AB 1276?
• In 2021, the California Legislature passed AB 1276
into law, expanding the prior “straws on request
only” law to also include single-use cutlery,
condiment packages, and foodware accessories.
Affected entities include all retail food operations
including third-party food delivery platforms.
“Foodware Upon Request” law
• The law requires cities to authorize enforcement of AB 1276 including issuance of penalties.
• The purpose of AB 1276 is to reduce excess packaging, unwanted cutlery, and reduce food waste from unwanted condiment packages.
Agenda Packet Page 450 of 475
Past Foodware Ordinance Changes
• Prohibited “Styrofoam” take-out containers
• Required the use of reusable, recyclable, or compostable foodware
• Changes to phase out single-use plastic foodware, including:
• Eating utensils
• Food containers
• Non-compostable straws
• Plastic straws available upon request to meet
needs of people with medical needs or disabilities
• Compostable straws only available by request
2013
2021
Agenda Packet Page 451 of 475
Proposed Foodware Ordinance Changes
• Requirement for foodware accessories to be provided by request only, including:
• Eating utensils (including forks, spoons, knives, straws, chopsticks, stirrers, splash sticks, and cocktail sticks)
• Condiment cups and packets
• No bundling of single-use accessories or condiments
• Allows for unwrapped single-use foodware accessories that are self- serve, standard condiments that are self-serve, and/or bulk dispensed condiments • Drive-through customers may be asked if they want single-use foodware items, but are not to be provided without consumer consent • Requirement for food facilities that use third-party food delivery platforms (e.g., Uber Eats, DoorDash, etc.) to provide options for consumers to affirmatively ask for single-use foodware accessories and condiments
• Only those items chosen by the consumer will be provided. If no single- use accessories or condiments are requested none will be provided 2022
Agenda Packet Page 452 of 475
Who is impacted?
All food facilities located or operating within the City of El Cerrito (and the State of CA as AB 1276 is a Statewide law) that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level.
• Impacted businesses are defined differently than in existing ordinance as this is to implement AB 1276 only and does not change existing requirements under the ordinance.
Restaurants Grocery stores Coffee shops Food Trucks/
Farmers Markets
Agenda Packet Page 453 of 475
Single-use Foodware Accessories and Standard Condiments Impacted products
Items designed for one-time use provided alongside Ready-to-eat Food, including items to be eaten on the premises or for delivery Note that plastic utensils, stirrers, etc. are already prohibited under current ordinance.
Agenda Packet Page 454 of 475
Unwrapped Cutlery vs. Bundled and Wrapped Cutlery
(Allowed) (Not Allowed)
Agenda Packet Page 455 of 475
Single-Serve, unwrapped Foodware Dispensing
Agenda Packet Page 456 of 475
Reducing the community’s environmental impact
• The Proposal aligns with the City’s
goals to reduce the community’s
environmental impact by:
• Reducing problematic litter
• Reducing recycling contamination
and costs
• Supporting compliance with
Federal and State waste diversion
and Clean Water Act requirements
• Protecting storm drains,
waterways, creeks, and marine life
• Supporting public health and a
clean environment
Suggest inserting photo of a clean
beach
Agenda Packet Page 457 of 475
Resources to support businesses
• Free training and guidance available!
• Sample signage is available
• City will be developing and
distributing a fact sheet this Fall
Website: el-cerrito.org/foodware
Questions? Contact City staff:
[email protected]
(510) 559-7686
Agenda Packet Page 458 of 475
Timeline for transition
• The additions to this ordinance will be effective and enforced 30 days after date of adoption
• Existing compostable foodware requirements in the ordinance went into effect 7/1/22, however enforcement will not begin until 1/1/24 When will the changes be enforced?
Agenda Packet Page 459 of 475
Non-compliance enforcement
Different from existing Foodware Ordinance
Enforcement process, new section added*:
1. Notice of Violation for 1st and 2nd
violation
2. Issuing fines
Subsequent violations: $25 for each day
in violation, not to exceed $300 annually
(Section 8.24.140.C)
The City will provide technical assistance prior to any enforcement action
*These are Statewide enforcement requirements outlined in AB 1276 Agenda Packet Page 460 of 475
Contact us
Website:
el-cerrito.org/foodware
City Contact:
Christina Leard, Operations and
Environmental Services Division
• Phone: (510) 215-4338
• Email: [email protected]
Agenda Packet Page 461 of 475
KENSINGTON TEMPORARY
FIRE STATION APPEAL
CRAFT AVENUE
El Cerrito City Council
July 19, 2022
A genda Item No. 7.C.
Agenda Packet Page 462 of 475
BACKGROUND
• Kensington Fire Protection District (KFPD) provides fire protection and emergency response to Kensington
• KFPD owns and manages fire station 65 (Kensington Public Safety Building)
• Station 65 needs substantial seismic improvements
• Project will require vacating station for 18 months
• Temporary Fire Station needed during renovation
• One site identified for temporary station
Agenda Packet Page 463 of 475
VICINITY MAP
Agenda Packet Page 464 of 475
STATION OPERATION
• Modular office/dormitory building and temporary garage • Staff of three, 24 hours per day
• Parking on church property adjacent to site
• Access primarily from Craft Avenue
• Average of 2 calls per day
• Siren use kept to a minimum (only to alert other traffic) • No operation of tools or heavy equipment before 9:00 a.m.
Agenda Packet Page 465 of 475
SITE PLAN
Agenda Packet Page 466 of 475
APPELLANT’S JUSTIFICATION FOR
APPEAL
•Access is hazardous and noise will be excessive
•Project will increase response times and put Kensington residents at risk
•Planning Commission’s removal of 24-month Use Permit term leaves no restriction on long-term use
•Project is not compliant with setbacks and General Plan policies.
Agenda Packet Page 467 of 475
ACCESS AND NOISE
•Fire Department regularly navigates engines on the routes in question •Fire Department has determined temporary station to be adequate •KFPD has tested engines on the proposed site to ensure adequate space for safe access
•Station receives an average of 2 calls per day
•Sirens are used primarily to alert other traffic
•No routine testing or operation of heavy equipment will occur before 9:00 a.m. or after 6:00 p.m.
Agenda Packet Page 468 of 475
RESPONSE TIMES
•Not a land use issue within the Use Permit purview
•KFPD has authority to site facilities to serve Kensington •Use Permit purview is the land use and operational aspects of the proposed project at the proposed site
Agenda Packet Page 469 of 475
24-MONTH TERM
•Conditions of Approval adopted by Planning Commission tie the term of the permit to the length of the renovation project as long as District makes good faith effort to complete the project
Agenda Packet Page 470 of 475
DEVELOPMENT STANDARDS AND GENERAL
PLAN POLICIES
•Project complies with nearly all setbacks for RS-5 district •Setbacks are not applicable to temporary uses
•Site plan is approved as part of Use Permit
•Non-conforming side setback is along property line shared with other church property
•Project is consistent with General Plan policies as described in agenda bill
Agenda Packet Page 471 of 475
License
Agreement with
the Kensington
Police
Protection&
Community
Services District
El Cerrito City Council
July 19, 2022 Building B
Building A
Agenda Item No. 8.D.
Agenda Packet Page 472 of 475
Timeline of Events
May 2017
• Open House
Senior Center
50+ Year Lease
Terminated
• One year to
vacate
May 2018
• 5 Year Lease,
through May
2023, executed
for modular
buildings
named the
Midtown
Activity Center
• Senior Services
& Programs
begin in July
2018
March 2020
• Local
Emergency
and Stay-atHome Orders
Implemented
• All City
facilities,
including the
Midtown
Activity Center,
are closed
October 2020
• City’s fiscal
response plan
implemented
• Includes
staffing
reductions
resulting in
indefinite
closure of the
Midtown
Activity Center
Tonight
• Consider
license
agreement
with KPPCSD
• Mutually
beneficial
solution for
both
organizations
TBD July –
August 2022
• Execute
agreement
with initial
term through
July 2023
Agenda Packet Page 473 of 475
License
Agreement
Highlights
License Term & Benefit
• Term: Execution Date through July 2023, option to renew month-to-month • Total savings to City in FY2022-23 of approximately $50,000 + KPPCSD Lease Take Over Lease of Building B
• KPPCSD assumes lease and payments from Mobile Modular saving City approximately $45,000 to $52,000 in FY 2022-23
• Renovates interior to suit its needs
License Payments
• During initial term, KPPCSD pays monthly fees to offset 50% of sewar and alarm charges and 100% of utilities saving another $7,500 to $8,400 • If KPPCSD exercises option to renew license fee increase by $1,500 per month to compensate City for use of property
Additional Agreements & Details
• Access and rights for City use of Building A & ECPD structures is maintained • KPPCSD entitled to 14 parking spaces (of 28 total)
• Insurance, traffic flow and site maintenance
• Resolution provides flexibility for City Manager to make minor amendments to the agreement
Agenda Packet Page 474 of 475
Questions & Comments
Agenda Packet Page 475 of 475