Agenda packet — El Cerrito City Council, July 19, 2022 (part 1 of 3)

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AGENDA

REGULAR CITY COUNCIL MEETING
JULY 19, 2022 – 6:00 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
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.

Interested individuals can also participate or view the City Council meeting as follows:

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

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

3. Join Via Zoom:
https://us06web.zoom.us/j/82805914908?pwd=NFJXSXhaYmJuZCsxbTdyT2N6bkdDQT09 Dial in: 1-408-638-0968 Meeting ID: 828 0591 4908 Password: 198347 Closed Captioning available via zoom
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 to unmute/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 2:00 p.m. the day of the meeting. All written comments received by this deadline will be provided to the City Council and posted online in advance of the meeting. Comments received after the deadline will be provided to the City Council and included with supplemental materials after the meeting. No written comments will be read into the record.

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6:00 P.M. ROLL CALL – CONVENE REGULAR CITY COUNCIL MEETING

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

MOMENT OF SILENCE

2. TELECONFERENCE AND PUBLIC COMMENT INSTRUCTIONS

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

4. ORAL COMMUNICATIONS FROM THE PUBLIC
Remarks are typically limited to 3 minutes per person. The Mayor may reduce the time limit per speaker depending upon the number of speakers and may limit the total time for public comment to facilitate the completion of business on the agenda. Comments regarding non-agenda, presentation and consent calendar items will be heard first.

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

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

A. Approval of Minutes
Action Proposed: Pass a motion to approve the minutes from the meetings of May 17, May 24, June 7, and June 21, 2022.

Contact: Holly M. Charléty, City Clerk, City Management B. Proclamations Recognizing the Recycling Center’s 50th Anniversary and the Contributions of Former City of El Cerrito Employee Joel Witherell
Action Proposed: Approve 1) a proclamation to recognize and commemorate the 50th Anniversary of the El Cerrito Recycling Center and 2) a proclamation to recognize the contributions of former City of El Cerrito employee Joel Witherell and his accomplishments that ensured the success of recycling in El Cerrito.

Contact: Laurenteen Brazil, Waste Prevention Specialist; Will Provost, Operations + Environmental Services Manager; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
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C. National Night Out Proclamation
Action Proposed: Approve a proclamation calling upon all residents of the City of El Cerrito to participate in “National Night Out” on Tuesday, August 2, 2022.

Contact: Paul Keith, Chief of Police, El Cerrito Police Department D. Single Audit Report for Fiscal Year Ending June 30, 2021 Action Proposed: Receive and file the Single Audit Report for the fiscal year ending June 30, 2021.

Contact: Sandra Dalida, Finance Director/City Treasurer, Finance Department
E. Monthly Disbursement and Check Register Report for May 2022 Action Proposed: Receive and file the Monthly Disbursement and Check Register Report for the period May 1, 2022 through May 31, 2022, reflecting 286 General Warrants (#82872 through #83157), 17 Electronic Fund Transfers (#2234 through #2272), and 518 Payroll Account Payments.

Contact: Sandra Dalida, Finance Director/City Treasurer, Finance Department
F. FY 2021-22 Fourth Quarter Cash and Investment Report Action Proposed: Receive and file the FY 2021-22 Fourth Quarter Cash and Investment Report.

Contact: Sandra Dalida, Finance Director/City Treasurer, Finance Department
G. 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 H. Agreement with A Plus Tree Incorporated for Urban Forest Maintenance, Tree Pruning, Removal, and Planting Services, including Natural Areas Forest Management
Action Proposed: Adopt a resolution authorizing the City Manager to Agenda Packet Page 3 of 475

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execute an agreement with A Plus Tree Incorporated to provide Urban Forest Maintenance, Tree Pruning, Removal, and Planting Services, including Natural Areas Forest Management, effective August 1, 2022, for a period of three years, with the option to annually extend the contract for three additional years, in an amount not to exceed $320,370 this fiscal year, with annual CPI increases contingent upon future City budgets and City Council approval of annual appropriations.

Contact: Stephen Prée, Environmental Programs Manager/City Arborist; Will Provost, Operations and Environmental Services Division Manager; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
I. Resolution Approving an Updated Agreement with the County of Contra Costa for the Provision of Animal Control Services Action Proposed: Approve a resolution authorizing the City Manager to execute an updated agreement with the County of Contra Costa for the provision of animal control services for an initial two (2) year term, with automatic renewal for successive three (3) year periods.

Contact: Paul Keith, Chief of Police, El Cerrito Police Department J. Consulting Services Agreement with Renne Public Policy Group for Grant Writing Services
Action Proposed: Adopt a resolution authorizing the City Manager to execute a consulting services agreement with Renne Public Policy Group in the amount of $60,000 for grant writing services.

Contact: Alexandra Orologas, Assistant City Manager, City Management K. Amendment to the City's Classification Plan
Action Proposed: Adopt a resolution amending the City's Classification Plan to authorize Reclassification of Finance Supervisor to Budget/Financial Services Manager in the Finance Department.

Contact: Shannon Bassi, Senior Human Resources Analyst, City Management

6. PRESENTATIONS
A. West Contra Costa Transportation Advisory Committee (WCCTAC) San Pablo Avenue Multimodal Corridor Study, Phase 2
Action Proposed: Receive and file a presentation from West Contra Costa Transportation Advisory Committee (WCCTAC) regarding the Agenda Packet Page 4 of 475

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purpose, outcomes and results of phase one, and phase two of the San Pablo Ave Multimodal Corridor Study which spans Alameda and Contra Costa County.

Contact: Leah Greenblat, Transportation Planning Manager, WCCTAC; Adam Dankberg, Project Manager, Kimley-Horn Associates

7. PUBLIC HEARINGS
A. Fire Hazard Abatement
Exempt from CEQA review pursuant to Sections 15304 and 15308, Notice published 7/9/2022
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.

Contact: David Yun, Fire Prevention Officer; Chase Beckman, Fire Marshal, Fire Department
B. Amended Foodware Ordinance Requiring Single-Use Foodware Accessories and Standard Condiments Packaged for Single-use to be Provided Only if Requested by a Consumer
Notice published 7/9/2022
Action Proposed: Conduct a public hearing, and upon conclusion, introduce by title and waive any further reading of an Ordinance amending Chapter 8.24 Foodware Regulations of the El Cerrito Municipal Code to align with recent State legislation.

Contact: Christina Leard, Management Analyst III; Will Provost, Operations and Environmental Services Manager; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
C. An Appeal of the Planning Commission's Approval of a Use Permit to Allow a Temporary Fire Station on Craft Avenue
Notice published 7/9/2022
Action Proposed: Conduct a public hearing and upon conclusion, adopt a resolution denying the appeal and upholding the Planning Commission’s approval of a Use Permit for a temporary fire station on Craft Avenue.

Contact: Sean Moss, Planning Manager, Community Development Department
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8. POLICY MATTERS
A. Adoption of a Memorandum of Understanding between the City of El Cerrito and the El Cerrito Public Safety Management Association - Fire Chief Unit
Action Proposed: Adopt a resolution approving an agreement between the City of El Cerrito and the El Cerrito Public Safety Management Association - Fire Chief Unit (PSMA- Fire Chief Unit) modifying language on salaries and benefits and creating a new Memorandum of Understanding.

Contact: Alexandra Orologas, Assistant City Manager, City Management B. Adoption of a Memorandum of Understanding between the City of El Cerrito and the Service Employees International Union, Local 1021 Action Proposed: Adopt a resolution approving an agreement between the City of El Cerrito and the Service Employees International Union, Local 1021 (SEIU) modifying language on salaries and creating a new Memorandum of Understanding.

Contact: Alexandra Orologas, Assistant City Manager, City Management C. Consulting Services Agreement with Koff & Associates for a Citywide Classification and Compensation Study
Action Proposed: Adopt a resolution authorizing the City Manager to execute a consulting services agreement in the amount of $200,000 with Koff & Associates for the completion of citywide classification and compensation study; and approve the transfer of $200,000 in expenditure authority from the Unassigned Fund Balance (Reserve) and increase the FY 2022-23 Adopted Budget to cover the classification and compensation study costs.

Contact: Alexandra Orologas, Assistant City Manager, City Management D. 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.

Contact: Christopher Jones, Recreation Director, Recreation Department Agenda Packet Page 6 of 475

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

10. ADJOURN REGULAR CITY COUNCIL MEETING
The next regularly scheduled City Council meeting is Tuesday, August 16, 2022 at 6:00 p.m.

The City of El Cerrito serves, leads and supports our diverse community by providing exemplary and innovative services, public places and infrastructure, ensuring public safety and creating an economically and environmentally sustainable future.
 Council Meetings can be heard live on FM Radio, KECG – 88.1 and 97.7 FM and viewed live on Cable TV - KCRT- Channel 28. The meetings are rebroadcast on Channel 28 the following Thursday and Monday at 12 noon, except on holidays. Live and On-Demand Webcast of the Council Meetings can be accessed from the City’s website http://www.el-cerrito.org/CouncilMeetingMaterials and is streamed with closed caption. Copies of the agenda bills and other written documentation relating to items of business referred to on the agenda are on file and available for public inspection in the Office of the City Clerk, at the El Cerrito Library and posted on the City’s website at www.el-cerrito.org prior to the meeting.
 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk, 510-215-4305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR

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

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

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Agenda Item No. 5.A.

EL CERRITO CITY COUNCIL DRAFT MINUTES

REGULAR CITY COUNCIL MEETING
MAY 17, 2022 – 7:00 p.m.

Members:

Mayor Gabe Quinto
Mayor Pro Tem Lisa Motoyama · Councilmember Janet Abelson Councilmember Paul Fadelli · Councilmember Tessa Rudnick The City Council may continue to meet by teleconference, consistent with the Brown Act
as amended by AB 361 (2021). Under the amended rules, the City will not provide a physical location for members of the public to participate in the teleconference meeting.

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

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

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

3. Via Zoom using the meeting information listed above.

Each period for public comment will be announced. Public Comments may be submitted one of two ways:
 Via Zoom using the “Raise Hand” icon to request to speak. If joining by phone, dial *9 to "raise your hand", and when prompted by the host, *6 to unmute/mute.  Via email to [email protected]. Email must contain in the subject line Public Comments – Not on the Agenda or Public Comments – agenda item #.

Comments received after the deadline will be provided to the City Council and included with supplemental materials after the meeting. No written comments will be read into the record.

Join Via Zoom:
https://us06web.zoom.us/j/87906223782?pwd=NWJMSTh1VTBtNWk2ejJwRDVhWnFIZz09 Meeting ID: 879 0622 3782 Password: 809092
or Dial in: 1-408-638-0968
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7:00 P.M. ROLL CALL – CONVENE REGULAR CITY COUNCIL MEETING Mayor Quinto called the meeting to order at 7:00 PM.

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 current health conditions, and upcoming budget meetings and timeline.

Police Chief Keith - introduced and welcomed the new Police Captain, Elise Warren.

Councilmember Rudnick - reported on attendance at a Contra Costa Collage building tour and program overview, and Cal Cities Leadership Summit.

Councilmember Fadelli - reported on attendance at a Contra Costa College building tour and program overview, and Hillside Festival; announced special meeting of Human Relations Commission tomorrow.

Mayor Pro Tem Motoyama - reported on attendance at Cal Cities East Bay Division meeting.

Mayor Quinto - reported signing a joint letter with West Contra Costa Unified School District (WCCUSD) regarding a budget request for social and emotional and school climate funding, participated in Cal Cities press conference on AB1383 regarding organic waste disposal and edible food waste recovery funding.

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

All written comments submitted prior to and during the meeting were posted online as supplemental materials and incorporated into the official meeting record. Written public comments for matters not on the agenda were received from Cordell Hindler, Annie Wright and Peter P.

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Oral Public Comments:

Peter - spoke in support of July 4th event and requested lifting the local eviction moratorium and local emergency.

Al Miller - commented on military experience in connection with emergency operations.

Buddy Akacic - requested presentation by Climate Strike Mae, announced senior seminar event, spoke regarding the need for a new senior center.

Elizabeth Bashor - spoke regarding effects on parking related to planned development at the El Cerrito Plaza BART station.

Xiomei Song - spoke regarding personal experiences related to being a small local landlord.

Michael Gabriel - expressed gratitude for recognition on behalf of the El Cerrito Ballet Center.

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

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

Approved items A, B, and D-H on the consent calendar as indicated below. Ayes:

Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None A. Approval of Minutes
Action Proposed: Pass a motion to approve the minutes from the meetings of February 5, April 19, and March 3, 2022.

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

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

Contact: Holly Charléty, City Clerk, City Management
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Moved/Seconded: Councilmember Fadelli/Mayor Pro Tem Motoyama Action: Pulled from consent by Councilmember Fadelli. Motion to approve letter with modification to describe connection with Marin Clean Energy (MCE.) Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None D. Letter of Opposition for Senate Bill (SB) 881
Action Proposed: At the request of Marin Clean Energy, pass a motion to authorize the Mayor to sign a letter in opposition to Senate Bill 881 related to Community Choice Associations and their ability to determine the best way to reach Greenhouse Gas (GHG) targets.

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

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

Contact: Holly M. Charléty, City Clerk, City Management Action: Approved Resolution No. 2022-32
G. Proposed Budget Amendments for Engineering Staff Augmentation Services
Action Proposed: Adopt a resolution authorizing amendments to the Fiscal Year 2021-22 budget for engineering staff augmentation services.

Contact: Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Action: Approved Resolution No. 2022-33
H. Make Findings and Approve Lease Purchase Agreements for Replacement Fire Engine
Action Proposed: Adopt a resolution approving and authorizing execution of agreements with First Capital Equipment Leasing Corp. for lease financing of a replacement fire engine and approving certain required findings.

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Contact: Jose Castrejon, Interim Fire Chief; Michael Pigoni, Retired Fire Chief, Fire Department
Action: Approved Resolution No. 2022-34

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

Contact: Nola Woods, Public Affairs Director, MVCD
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding need for ground spraying in the city based on habitats, available resources for wild turkeys, use of private skunk traps, and window screens.

Action: Received and filed

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

Contact: Paul Keith, Chief of Police, El Cerrito Police Department Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding potential omission of an item and how to correct, how included items were determined, type of uses for non-lethal items listed, public input meeting requirement, disclosure of components on the equipment list that are required by law, process for emergency purchasing needs when not on the approved list, enforcement of required training for use of certain pieces of equipment, requirements of AB48, request for purchase versus listed equipment held by neighboring agencies to allow use in an emergency, and use of drones for surveillance.

Public Hearing: Mayor Quinto opened the public hearing.

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Oral Public Comments:

Cindy McPherson - spoke regarding concerns about the increase of military equipment use, community participation before adoption, and overlapping regulations, definition, and use of standard issue for assault rifles and omission from the equipment list.

Tracy Rosenberg - commented on community engagement prior to adoption, overlapping legislation, and restrictions to crowd control uses.

Michael Freeman - expressed concern about the increase in military equipment and surveillance uses, incomplete policy, public participation before the vote, and lack of authorized uses or banned uses.

John Lindsay-Poland - spoke regarding legislation focused on use policy not equipment list, need for guidance on use of equipment, need to list assault rifles, and assignment of independent oversight.

Moved/Seconded: Councilmember Abelson/Mayor Pro Tem Motoyama Action: Motion to close the public hearing. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
Moved/Seconded: Councilmember Rudnick/Councilmember Fadelli Action: Introduced by title and waived further reading of Ordinance No. 2022-1 Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None B. Public Hearing on Master Fee Schedule Revisions for Fiscal Year 2022-23
Notice Published 5/7/2022 & 5/13/2022Action Proposed: Conduct a public hearing, and upon conclusion adopt a resolution approving the Fiscal Year 2022-23 Master Fee Schedule.

Contact: Sandra Dalida, Finance Director/Treasurer, Finance Department Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding no large fee increases, Consumer Price Index (CPI) calculations, historic amount of CPI increases, inclusion of reason for increased CPI rate in resolution, elimination of the family swim pass, home fire alarm permit, and false alarm response fees.

Public Hearing: Mayor Quinto opened the public hearing.

Public Comments: None
Moved/Seconded: Mayor Pro Tem Motoyama/Councilmember Abelson Action: Motion to close the public hearing Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
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Moved/Seconded: Mayor Pro Tem Motoyama/Councilmember Fadelli Action: Approved Resolution No. 2022-35 with the supplemental fee adjustments provided and with the addition of the following language "WHEREAS City staff evaluated the current Consumer Price Index (CPI) that has impacted City costs and services and adjusted fees at an average of 4% in order to balance covering costs with the current high level of inflation." Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None

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

Contact: Will Provost, Operations & Environmental Services Division Manager, Public Works Department; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding a coordinated platform for customer service management, potential or risk of the small agency being sold, lack of federal funding effect on rates, proposed funding in the City's proposed budget, inclusion of this service in the state audit.

Oral Public Comments:

Howdy Goudy - commented on inclusion of zero emission vehicle criteria.

Moved/Seconded: Councilmember Rudnick/Councilmember Abelson Action: Approved Resolution No. 2022-36. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None

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

Councilmember Rudnick - announced special meeting next week for RecycleMore.

Councilmember Fadelli - reported on attendance at West Contra Cost Transportation Advisory Committee (WCCTAC), and Contra Costa Elections Community Engagement group.

Mayor Quinto - reported on attendance at WCCTAC.

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10. ADJOURN REGULAR CITY COUNCIL MEETING
The regular meeting adjourned at 10:02 pm
Gabe Quinto, Mayor
This is to certify that the foregoing is a true and correct copy of the minutes of the City Council meeting of May 17, 2022 as approved by the El Cerrito City Council.

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

SPECIAL JOINT CITY COUNCIL AND

FINANCIAL ADVISORY BOARD (FAB) MEETING
TUESDAY, MAY 24, 2022 – 6:00 p.m.

City Council Members:

Mayor Gabe Quinto
Mayor Pro Tem Lisa Motoyama · Councilmember Janet Abelson Councilmember Paul Fadelli · Councilmember Tessa Rudnick Financial Advisory Board Members:

Chair Dick Patterson
Member Ruth Cazden · Member Farhad Farahmand
Member William Ktsanes · Member Kimberly White
The City Council may continue to meet by teleconference, consistent with the Brown Act as amended by AB 361 (2021). Under the amended rules, the City will not provide a physical location for members of the public to participate in the teleconference meeting.

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

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

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

3. Via Zoom using the meeting information listed above (Closed captioning available) Each period for public comment will be announced. Public Comments may be submitted one of two ways:
 Via Zoom using the “Raise Hand” icon to request to speak. If joining by phone, dial *9 to "raise your hand", and when prompted by the host, *6 to unmute/mute.  Via email to [email protected]. Email must contain in the subject line Public Comments – not on agenda or Public Comments – agenda item #.

Comments received after the deadline will be provided to the City Council and FAB members and included with supplemental materials after the meeting. No written comments will be read into the record.

Join Via Zoom:
https://us06web.zoom.us/j/84672893112?pwd=ZnhqS3hMOHBDMVlPa0dyOGNlOG14Zz09 Meeting ID: 846 7289 3112 Password: 446663
or Dial in: 1-408-638-0968
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6:00 P.M. ROLL CALL – CONVENE SPECIAL JOINT CITY COUNCIL AND

FINANCIAL ADVISORY BOARD MEETING
Mayor Quinto called the meeting to order at 6:03 PM.

Present: (City Council) Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick

Absent: None

Present: (Financial Advisory Board) Chair Dick Patterson, Vice Chair Farhad Farahmand, Member Ruth Cazden, Member William Ktsanes, Member Kimberly White Absent: None

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

MOMENT OF SILENCE

2. TELECONFERENCE AND PUBLIC COMMENT INSTRUCTIONS

3. FISCAL YEAR 2022-2023 BUDGET STUDY SESSION
Proposed Action: Hear from city departments and conduct a study session on the FY2022-2023 budget.
 Preliminary Budget Overview
 Review updated 10-year forecast
 Operational and fiscal status of city departments
Contact: Karen Pinkos, City Manager, City Management
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council and FAB regarding Real Property Transfer Tax projections, status of school resource officers, animal control services, police vehicles, senior center, 10-year projection assumptions, impacts of slower development review, use of Measure H and American Rescue Plan Act (ARPA) funds, addressing climate friendly purchasing, police psychological services, tree pruning, use of ARPA funds for one-time costs, general plan and specific plan update, funding recreation programs, filling vacancies, reserve levels, annual million dollar surplus, funding Emergency and Disaster Relief Fund (EDRF), prioritization of department items requested, overtime increases, approved uses of ARPA funds, length of lease for midtown activity center, funding for fire fuel removal, overtime costs and salary saving due to vacancies.

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Oral Public Comments:

Al Miller - spoke in support of written comments submitted by the EL Cerrito Library commissioner and the value of public libraries.

Cordell Hindler - spoke in support of a class and compensation study and the need for additional positions in city management.

Howdy Goudy - commented on the need to take more climate action including purchase of electric vehicles.

Sherry Drobner - spoke in support of purchasing electric vehicles, suggested non-sworn personnel for traffic officers, and need for additional unhoused resources.

Action: No formal action.

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

The special meeting adjourned at 9:29 PM
Gabe Quinto, Mayor
This is to certify that the foregoing is a true and correct copy of the minutes of the City Council meeting of May 24, 2022 as approved by the El Cerrito City Council.

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

CONCURRENT SPECIAL MEETING OF THE EL CERRITO PUBLIC FINANCING

AUTHORITY, EMPLOYEE PENSION TRUST BOARD,

AND REGULAR MEETING OF THE CITY COUNCIL
JUNE 7, 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 also participate or view the City Council meeting as follows:

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

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

3. Join Via Zoom (Closed Captioning Available):
https://us06web.zoom.us/j/88694003334?pwd=V1JzRWdlS01CdVJkQ2xrSitBaS9wUT09 Meeting ID: 886 9400 3334 Password: 948473 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 to unmute/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 4:00 p.m. the day of the meeting. All written comments received by this deadline will be provided to the City Council and posted online in advance of the meeting. Comments received after the deadline will be provided to the City Council and included with supplemental materials after the meeting. No written comments will be read into the record.

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 (full in- person protocols available here.)
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7:00 P.M. ROLL CALL – CONVENE CONCURRENT SPECIAL PUBLIC

FINANCING AUTHORITY, EMPLOYEE PENSION TRUST BOARD,

AND REGULAR CITY COUNCIL MEETING
Mayor Quinto called the meeting to order at 7:11 PM.

Present In-Person: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Fadelli Present Remotely: Councilmember Abelson, Councilmember Rudnick (left at 8:01 PM) 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 - welcomed attendees back to in person meetings, update on public health conditions, announced the "Peace Cranes for Ukraine - A Children's Peace Project" exhibit in the City Hall Gallery Space.

Mayor Pro Tem Motoyama - congratulated El Cerrito High School band for winning a recent national competition.

Councilmember Fadelli - announced new Farmers Market from Front Porch, and congratulated Jack London State Park Young Writers Contest winner Natalie Cox.

Mayor Quinto - announced his signature on a letter of support for autonomous vehicles; announced upcoming July 4th Celebration.

Councilmember Rudnick - reported attendance at the Equality California Awards event, joint Council and Financial Advisory Board meeting, Young Women's Christian Association (YWCA) event at Hana Gardens, El Cerrito High Cheerleaders walk-a-thon fundraiser.

Councilmember Abelson - announced the Lutheran Church parking lot farmers market need for additional volunteers.

Comments related to items appearing on the Public Hearing or Policy Matter portions of the Agenda will be heard prior to the City Council taking action on each item All written comments submitted prior to and during the meeting were posted online as supplemental materials and incorporated into the official meeting record. Written public comments for matters not on the agenda were received from Peter Pan, Steve Price, and Cordell Hindler; and consent item #5E from Sherry Drobner and Alissa Hauser.

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Oral Public Comments:

Dave Weinstein - spoke on behalf of El Cerrito Trail Trekkers and recent Hillside festival.

Buddy Akacic - commented on satisfaction on returning to in person meeting, senior strolls, and need for a new senior center.

Howdy Goudey - spoke regarding Council climate action ad-hoc committee and need for report back and action.

John Stashik - commented on the financial health of the city, and need for employee salary increases, and support of police budget.

Miguel Gravelle Izaguirre - spoke in support of reductions to the proposed police department budget.

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 Abelson/Councilmember Rudnick Action:

Approve A, D, and G on the consent calendar as indicated below. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
A. Loving Day Proclamation
Action Proposed: Approve a proclamation declaring June 12, 2022 as Loving Day in the City of El Cerrito, and encourages people to reflect on the Loving family and all of the pioneers who have and will continue to fight for the civil right to love.

Contact: Alexandra Orologas, Assistant City Manager, City Management Department
Action: Approved proclamation
B. LGBTQIA Pride Month Proclamation
Action Proposed: Approve a proclamation declaring the month of June as Lesbian, Gay, Bi-Sexual, Transgender/Transsexual, Queer/ Questioning, Intersex and Agender/Asexual (LGBTQIA) Pride month in the City of El Cerrito and recognize Pride Month by flying the Progress Pride flag at City Hall during the month of June.

Contact: Alexandra Orologas, Assistant City Manager, City Management Department
Moved/Seconded: Mayor Pro Tem Motoyama/Councilmember Fadelli Action: Pulled from consent by Mayor Quinto, presented Approved proclamation to Carolyn Wysinger, Board President of San Francisco Pride and El Cerrito resident. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
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C. Anti-Asian American and Pacific Islander (AAPI) Racism Resolution Action Proposed: At the request of Mayor Quinto, adopt a resolution condemning all hate against Asian American and Pacific Islander individuals and communities.

Contact: Holly M. Charléty, City Clerk, City Management Moved/Seconded: Mayor Quinto/Mayor Pro Tem Motoyama
Action: Pulled from consent by Mayor Quinto. Approve Resolution 2022-

37. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None D. Approve an Economic Development Committee (EDC)
recommendation to reappoint member Rachel Melby, effective June 7, 2022.

Action Proposed: Approve an Economic Development Committee recommendation to reappoint member Rachel Melby, effective June 7, 2022.

Contact: Aissia Ashoori, Senior Program Manager/EDC Staff Liaison, Community Development Department
Action: Approved appointment
E. Second Reading and Adoption of an Ordinance of the City of El Cerrito establishing a Military Equipment Use Policy
1st Reading 5/17/2022
Action Proposed: Pass a motion to waive the second reading and adopt Ordinance 2022-01 establishing a Military Equipment Use Policy.

Contact: Holly M. Charléty, City Clerk, City Management Moved/Seconded: Mayor Pro Tem Motoyama/Councilmember Abelson Action: Pulled from consent by Mayor Pro Tem Motoyama. Approved Ordinance 2022-01. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
F. Adoption of a Resolution Authorizing an Agreement with the City of Richmond for Police Dispatch Services
Action Proposed: Adopt a resolution authorizing the City Manager or her designee to enter into an agreement with the City of Richmond for the provision of police dispatch services from July 1, 2022 to June 30, 2027 in an amount not to exceed $4,228,080.

Contact: Paul Keith, Chief of Police, Police Department Moved/Seconded: Councilmember Fadelli/Councilmember Rudnick Action: Pulled from consent by Councilmember Fadelli. Approved Resolution 2022-38. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
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G. Adoption of a Resolution to Approve the Purchase of Self-Contained Breathing Apparatus Air Compressor from Bauer Compressors Action Proposed: Adopt a Resolution to authorize the City Manager to execute a contract for the purchase of a replacement self-contained breathing apparatus air compressor from Bauer Compressors in an amount not to exceed $53,000.

Contact: Jose Castrejon, Interim Fire Chief, Fire Department Action: Approved Resolution 2022-39

6. PRESENTATIONS
A. Marin Clean Energy (MCE) Programs and Resources
Action Proposed: Receive and file a presentation from Marin Clean Energy regarding programs and discounts available for residents and small businesses.

Contact: Mariela Herrick, Community Development Manager, Marin Clean Energy
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding the importance of programs offered, long term planning and lobbying for programs in Washington, and potential modification to the entity name.

Public Comments:

Howdy Goudey - commented on available resources and potential discussion for the Climate Action committee to discuss.

Al Miller - spoke regarding electrical paneling and solar installation, and deep green option from MCE.

Vanessa Warheit - spoke in support of previous public comments and making users opt out.

Action: Received and filed.

7. PUBLIC HEARINGS

8. POLICY MATTERS
A. CITY COUNCIL/PUBLIC FINANCING AUTHORITY/EMPLOYEE

PENSION TRUST BOARD ITEM
Proposed Fiscal Year 2022-23 Budget
Action Proposed: Receive and file a presentation on the Draft Proposed FY 2022-23 City Budget and provide direction to staff as necessary.

Contact: Karen Pinkos, City Manager, City Management; Sandra Dalida, Finance Director/City Treasurer, Finance Department
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Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding options for default electricity source, projections and effects of potential projections, location of budgeted library hours, budget for Mayor training, animal control services, use of cannabis revenues, future presentation on Measure X, reduction of subsidy of other post-employment benefits (OPEB), funding for 4th of July, funding regional effort for fire prevention, budget for salary increases that may result from the classification and compensation study, commission descriptions in appendices, increasing differential between revenue and expenditures, target surplus, increased time between review and approval, public input, costs for items on a wish list to pull from, real property transfer tax (RPTT) assumptions and units projected, description of other pay category, city manager consultants budget, professional services in City Management, and current unfunded liability.

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 Seth Morrison, Nick Brooks, Miguel Gravelle Izaguirre, Ida Poberezovsky, Zach Weinstein, Jessie Papalia, Allison Cooper, Josh Rose, John Qua, Shobit, Danielle Waters Westbrook, B.

Tomi Nagai-Rothe, Vanessa Warheit, Sherry Drobner, and Zach Weinstein.

Oral Public Comments:

Vanessa Warheit - concern regarding the increase to the police budget.

Al Miller - support of grant writing service and professional services toward development of a library, and additional library hours.

Seth Morrison - spoke regarding need for public mental health services.

Jessie Papalia - commented on concern regarding police department budget limited time to comment and need to reduce police funding.

Nick Brooks - spoke regarding need for increased public input, and request to reduce police funding.

Zach Weinstein - spoke in support of funding a dedicated (CORE) team for El Cerrito, and reductions to police funding.

Yari Greaney - commented in support of funding a dedicated CORE team for El Cerrito, and reimaging public safety and partnering with Richmond.

Allison Cooper - commented in support of alternatives to policing.

Danielle Watters Westbrook - spoke in support of reductions to the Police Department and finding for additional CORE programs.

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Shobit Singh - commented on concern about increased funding for the police department.

Sherry Drobner - commented on reduced time for public comments and desire to have comments at the beginning of the meeting and need to address alternative solutions for unhoused.

Howdy Goudy - commented on reduced ability for public participation in the budget process and salaries.

John Qua - spoke regarding reduction to public comments, military equipment, and police engagement in Pride.

Moved/Seconded: Councilmember Abelson/Mayor Pro Tem Motoyama Action: Motion to extend 10 minutes. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember
Fadelli Noes: None Absent: Councilmember Rudnick
Action: Received and filed.

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

10. ADJOURN REGULAR CITY COUNCIL MEETING
The regular meeting adjourned at 11:05 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 7, 2022 as approved by the El Cerrito City Council.

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

SPECIAL CITY COUNCIL MEETING
JUNE 21, 2022 – 5:30 p.m.

Members:

Mayor Gabe Quinto
Mayor Pro Tem Lisa Motoyama · Councilmember Janet Abelson Councilmember Paul Fadelli · Councilmember Tessa Rudnick Meeting Location:

Hillside Conference Room - 2nd Floor,
10890 San Pablo Avenue El Cerrito, CA 94530
This meeting will not be broadcast or livestreamed online. Interested individuals can participate or view the City Council meeting as follows:

1. In person at the address listed above.

2. Via Zoom (Closed captioning available):
https://us06web.zoom.us/j/83757837580?pwd=bnFJdTU5TkJjTEV6VmlDUk9hQTYxUT09 Dial in: 1-408-638-0968 Meeting ID: 837 5783 7580 Password: 057706 Each period for public comment will be announced. Public Comments may be submitted one of the following ways and are limited to items on the special meeting agenda only:

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 to unmute/mute.

3. Via email to [email protected]. Email must contain in the subject line Public Comments – Agenda Item #.

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

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5:30 P.M. ROLL CALL – CONVENE SPECIAL CITY COUNCIL MEETING Mayor Quinto called the meeting to order at 5:31 PM .

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

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

None

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

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

Contact: Sky Woodruff, City Attorney, City Management
City Council convened to closed session at 5:31 PM. No reportable action.

3. COMMISSION INTERVIEWS, STATUS AND APPOINTMENTS
Proposed Action: Staff requests that City Council conduct interviews and, at the conclusion of interviews, confer with staff regarding the ongoing recruitments, any remaining vacancies, and the scheduling of further special meetings to conduct interviews (if applicable). Council may decide to make appointments at the conclusion of the meeting.

Contact: Holly M. Charléty, City Clerk, City Management City Council conducted 3 interviews and approved the following appointment(s).

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

Carol Kehoe to Contra Costa County Agency Council on Aging for a term of June 21, 2022 - March 1, 2024 Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
Moved/Seconded: Councilmember Rudnick/Mayor Pro Tem Motoyama Action:

Jia Ma to Citizens Street Oversight Committee for a term of June 21, 2022 - March 1, 2026 Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None Agenda Packet Page 27 of 475

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4. ADJOURN REGULAR CITY COUNCIL MEETING
The special meeting adjourned at 6:58 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
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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 to unmute/mute.

3. Via email to [email protected]. Email must contain in the subject line Public Comments – Not on Agenda or Public Comments – Agenda Item #.

Comments received after the deadline will be provided to the City Council and included with supplemental materials after the meeting. No written comments will be read into the record.

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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.

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.

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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
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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 32 of 475

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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.

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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.

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.

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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
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.

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.

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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.

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
Agenda Packet Page 36 of 475

Page 9 of 9 ends

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 37 of 475

AGENDA BILL
Agenda Item No. 5.B.

Date: July 19, 2022
To: El Cerrito City Council
From: Laurenteen Brazil, Waste Prevention Specialist; Will Provost, Operations + Environmental Services Manager; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Subject: Proclamations Recognizing the Recycling Center’s 50th Anniversary and the Contributions of Former City of El Cerrito Employee Joel Witherell

ACTION PROPOSED
Approve 1) a proclamation to recognize and commemorate the 50th Anniversary of the El Cerrito Recycling Center and 2) a proclamation to recognize the contributions of former City of El Cerrito employee Joel Witherell and his accomplishments that ensured the success of recycling in El Cerrito.

BACKGROUND/ANALYSIS
The El Cerrito Recycling Center, called E.C.ology at the time, first opened to the public on August 5, 1972 as a “pilot project” run by volunteers. Fifty years later, the Recycling Center stands as one of the most cherished public facilities and community landmarks.

Staff is recommending that the City Council approve a proclamation to recognize and commemorate the 50th Anniversary of the El Cerrito Recycling Center and a separate proclamation to recognize the unique contributions of former City of El Cerrito employee, the late Joel Witherell, relating to his role in establishing and expanding recycling in the community.

In the early 1970’s, a group of El Cerrito residents acknowledged the important issues around waste management and recycling and sought approval from the City Council to build a drop-off Recycling Center at an old quarry site below El Cerrito’s Hillside Natural Area. The City Council approved of the proposal, and after being successfully operated by volunteers for about 5 years, on July 1, 1977, the City took over operation of the E.C.ology Recycling Center. From there, the City continued to add services and programs to increase recycling community-wide. For example, expanding hours of operation, increasing the range of materials collected, and making curbside recycling free and open to all residents and businesses.

From the start, the Recycling Center was a success. However, as the Center aged, there was strong community sentiment that the drop-off facility needed to be remodeled and rebuilt to accept more materials and improve traffic flow. With continued strong interest from the community to prioritize and invest in recycling, the City developed a plan to build a state-of-the-art facility that would also serve as a hub for the City’s environmental initiatives.

Agenda Packet Page 38 of 475
Agenda Item No. 5.B.

In 2011, the City invested in a multimillion-dollar upgrade and turned the facility into the award winning Recycling + Environmental Resource Center (RERC), which officially opened on Earth Day in 2012. Today, the RERC is a one-stop shop for businesses and residents to dispose of hard to recycle materials. The Center serves about 300-500 customers a day, or more than 100,000 per year and diverts an estimated 1,500 tons of materials from the landfill. It has achieved this through community collaboration, partnerships with community-based and non-profit organizations, and by working with private entities and other agencies that leverage the City's resources to divert materials from the landfill.

The RERC accepts a wide range of materials that include traditionally recyclable materials such as glass, cardboard, metal, and paper, as well as the harder to recycle items such as blocks of Styrofoam, textiles, sharps, and pharmaceuticals. Furthermore, it is a convenient facility for recycling products that have been banned from landfills including electronics, batteries, and cooking oil. The Center also works with the West Contra Costa Integrated Waste Management Authority (RecycleMore) to host a Household Hazardous Waste collection program once a week for all customers in the service area. Staff continually strive to add services for the community by increasing the range of materials accepted, wherever possible.

The LEED Platinum Certified Recycling Center also serves as a model for sustainable building, including solar panels, rain gardens, and other environmental design techniques. In addition, the facility houses City staff that work on a range of environmental programs and serves as a model regionally, nationally, and globally encouraging other communities to invest more in waste reduction and sustainability.

The Center serves the El Cerrito community and greater Bay Area residents with customers visiting from as far as San Anselmo. Free tours are offered the first Wednesday of each month and the Center is host to an artist in residence program coordinated by the City’s Arts and Culture Commission.

An event will be held to commemorate the 50th Anniversary, hosted by the El Cerrito Historical Society and the City’s Environmental Quality Committee, taking place Friday, August 5, 2022, at 5:30 p.m. at the RERC (located at 7501 Schmidt Lane).

The Contributions of Joel Witherell
Shortly after the Recycling Center was established by volunteers, Joel Witherell joined the City of El Cerrito in January 1973 as its Parks and Recreation Director, serving as staff liaison to E.C.ology. From the start, Joel Witherell embraced the effort to increase recycling. Over his 20-year tenure with the City, he made a significant contribution to ensuring that recycling programs would expand in El Cerrito and that they would be sustainable for the long-term.

In 1974, Witherell led the effort to obtain a $45,000 grant from the California Solid Waste Management Board for a “curbside source separation demonstration project” that would lead to the Center’s first curbside recycling program. He was responsible for making other improvements that included expanding the Center’s hours of operation, Agenda Packet Page 39 of 475
Agenda Item No. 5.B.
running a “buy back” recyclables program, and increasing the range of materials collected. Under Witherell’s direction in 1977 and 1978, the Recycling Center had major expansions, receiving additional grants, paying employees for the first time, purchasing new equipment, and constructing the first building, a “pole barn” that was in place until 2011. And, in 1989, Joel Witherell developed City Council approved policies to ensure the Recycling Center’s long-term fiscal health by receiving funding through the rates community members paid for solid waste collection. Witherell retired from the City in 1993 after 20 years after having made a major impact on ensuring the success of recycling in El Cerrito and its continuance long into the future.

At the February 8, 2022 regular meeting of the City of El Cerrito Environmental Quality Committee (EQC), the EQC passed a motion in support of City Council action to recognize the Recycling Center's 50th Anniversary and Joel Witherell. Historical facts included in this report and the associated draft proclamations were based upon the thorough research and documentation completed by Dave Weinstein, a member of the EQC and the El Cerrito Historical Society. A full history of the Recycling Center, titled “Where Recycling is a Pleasure” by Dave Weinstein, is available online at www.elcerrito.org/336/Background-on-the-Recycling-Center.

STRATEGIC PLAN CONSIDERATIONS
Adoption of the two proclamations will serve to recognize and celebrate all that the City and community has accomplished over the last 50 years to be a leader in recycling, waste reduction, and sustainability, and aligns with the following Strategic Plan goals:
 Goal C: Deepen a sense of place and community identity by further supporting the El Cerrito Recycling + Environmental Resource Center as a valuable community resource and gathering space;
 Goal F: Foster environmental sustainability citywide by continuing to support efforts to increase recycling and reduce waste, as a City and through key partnerships with volunteers and community groups.

ENVIRONMENTAL CONSIDERATIONS
This action does not constitute a “Project” under the California Environmental Quality Act (CEQA) Section 15378.

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

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

Agenda Packet Page 40 of 475
Agenda Item No. 5.B.

Reviewed by:

Alexandra Orologas, Assistant City Manager
Attachments:

1. Proclamation Recognizing Recycling Center 50th Anniversary

2. Proclamation Recognizing Joel Witherell
Agenda Packet Page 41 of 475

EL CERRITO CITY COUNCIL PROCLAMATION
Recognizing the 50th Anniversary of the
El Cerrito Recycling Center
WHEREAS, the El Cerrito Recycling Center, called E.C.ology at the time, opened as a volunteer-run “pilot project”, 50 years ago, on August 5, 1972; and WHEREAS, by January 1973, the Mayor reported that the Center had “proven quite successful and is now about the biggest in the area”; and WHEREAS, in 1977, the City of El Cerrito took over management of the operation, with continual support from residents and a goal to eventually recycle 25 percent of the City’s solid waste; and
WHEREAS, as the Center aged, and recycling programs continued to grow, there was strong community sentiment that the drop-off facility needed to be remodeled and rebuilt to accept more materials and improve traffic flow; and
WHEREAS, with continued strong interest from the community to prioritize investments in recycling, the City developed a plan to build a state-of-the-art facility that would also serve as a hub for the City’s environmental initiatives; and WHEREAS, a new Recycling + Environmental Resource Center was opened to the public on Earth Day 2012, as a nationwide model for recycling and reuse; and WHEREAS, the new LEED Platinum Certified Recycling Center offers a more extensive range of materials accepted, a new “Exchange Zone”, and serves as a model for sustainable building, including solar panels, rain gardens, and other environmental design techniques; and
WHEREAS, the Center continues to thrive and flourish, serving about 300-500 customers daily and maintaining programs that help to divert an estimated 1,500 tons of material from the landfill each year; and
WHEREAS, today, the Center serves as a gathering place to build community or engage with the City’s environmental programs while recycling, inspires the community through monthly tours and partnerships and by supporting the El Cerrito Creative Reuse Artist Residency program, and serves as a model regionally, nationally, and globally encouraging other communities to invest more in waste reduction and sustainability.

NOW THEREFORE, the City Council of the City of El Cerrito does hereby acknowledge and honor the 50th Anniversary of the City of El Cerrito Recycling Center and offers sincere thanks and appreciation for all those associated with recycling, waste reduction, and environmental initiatives in the City of El Cerrito, and additionally encourages the community to help commemorate the 50th Anniversary by attending a celebration event hosted by the El Cerrito Historical Society and the City’s Environmental Quality Committee, taking place Friday, August 5, 2022, at 5:30 p.m. at the El Cerrito Recycling Center.

Dated: July 19, 2022
___________________________
Gabe Quinto, Mayor
Agenda Packet Page 42 of 475

EL CERRITO CITY COUNCIL PROCLAMATION
Recognizing the Contributions of Former City of El Cerrito Employee Joel Witherell and His Accomplishments that Ensured the Success of Recycling in El Cerrito WHEREAS, in January 1973, Joel Witherell joined the City of El Cerrito as its Parks and Recreation Director, serving as staff liaison to E.C.ology, the volunteer-run recycling center that began as a pilot program on August 5, 1972; and WHEREAS, from the start, Joel Witherell embraced the effort to increase recycling and was an early member and President of the newly formed Northern California Recycling Association; and
WHEREAS, in 1974, Joel Witherell received the first sizable funding for the E.C.ology Recycling Center, a $45,000 grant from the California Solid Waste Management Board for a “curbside source separation demonstration project” that would lead to the Center’s first curbside recycling program; and WHEREAS, in 1976, Joel Witherell worked with the City’s Citizens Solid Waste Committee to develop a robust recycling commitment and countywide plan; and WHEREAS, Joel Witherell also helped plan and manage improvements that included expanding hours of operation, running a “buy back” recyclables program, and increasing the range of materials collected; and
WHEREAS, on July 1, 1977, the City took over operation of E.C.ology with the goal of eventually recycling 25 percent of the City’s solid waste; and WHEREAS, in 1977 and 1978, under Witherell’s direction, E.C.ology had major expansions, receiving additional grants, paying employees, purchasing new equipment, and constructing the first building, a “pole barn” that was in place through 2011; and WHEREAS, throughout Joel Witherell’s tenure he promoted expanded and improved recycling, both at the Center and at curbside, for example making curbside collection free and open to all, rather than via subscription; and WHEREAS, in 1989, Joel Witherell developed policies, approved by the City Council, to ensure the Recycling Center’s long-term fiscal health by receiving funding through the rates community members paid for solid waste collection; and WHEREAS, during this time Joel Witherell was also instrumental in turning the abandoned Santa Fe railroad bed into the Ohlone Greenway and in leading other recreational programs for the City; and
WHEREAS, in 1993, Joel Witherell, retired from his role with the City and a tenure that lasted over 20 years, having made a major impact on ensuring the success of recycling in El Cerrito and its continuance long into the future.

NOW THEREFORE, the City Council of the City of El Cerrito does hereby proclaim recognition for the late Joel Witherell and for his accomplishments that made it possible for the Recycling and Environmental Resource Center to exist as it does today.

Dated: July 19, 2022
___________________________
Gabe Quinto, Mayor
Agenda Packet Page 43 of 475
Agenda Item No. 5.C.

EL CERRITO CITY COUNCIL PROCLAMATION
Recognizing National Night Out in El Cerrito on August 2, 2022 WHEREAS, the City of El Cerrito has partnered with National Association of Town Watch (NATW) to sponsor a nationwide crime, drug, and violence prevention program on August 2, 2022, entitled National Night Out; and WHEREAS, National Night Out has become an annual event in El Cerrito for the past 25 years and provides a unique opportunity for the City of El Cerrito to join forces with thousands of other communities across the country in promoting cooperative police-community crime prevention efforts; and WHEREAS, it is important for the residents of the City of El Cerrito to be aware the impact that they can have on reducing crime, drugs, and violence in El Cerrito; and
WHEREAS, the City of El Cerrito and the El Cerrito Police Department is committed to increasing public trust through partnerships with the residents they serve through programs like National Night Out; and
WHEREAS, partnerships between the police and community, neighborhood safety, awareness, and cooperation are important themes of the National Night Out program.

NOW THEREFORE, the City Council of the City of El Cerrito does hereby call upon residents of the City of El Cerrito to participate in National Night Out on Tuesday, August 2, 2022, in the City of El Cerrito.

Dated: July 19, 2022
_____________________
Gabe Quinto, Mayor
Agenda Packet Page 44 of 475

AGENDA BILL
Agenda Item No. 5.D.

Date: July 19, 2022
To: El Cerrito City Council
From: Sandra Dalida, Finance Director/City Treasurer, Finance Department Subject: Single Audit Report for Fiscal Year Ending June 30, 2021

ACTION PROPOSED
Receive and file the Single Audit Report for the fiscal year ending June 30, 2021.

BACKGROUND
Single Audit Standards
The Single Audit Act of 1984, P.L. 98-502, and the subsequent Single Audit Act Amendments of 1996, P.L. 104-156, sets forth standards for obtaining consistency and uniformity among Federal agencies for the audit of States, local governments, and nonprofit organizations based on the total combined annual amount of federal funds per fiscal year. Currently, federal audit requirements are governed by Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance).

The federal award threshold standards governing the requirement to conduct a Single Audit for a fiscal year has changed since 1984.

Time Period Federal Award Threshold
1984 - 1996 $100,000 of combined federal awards "received" in a fiscal year 1997 - 2003 $300,000 of combined federal awards "expended" in a fiscal year 2004 - 2014 $500,000 of combined federal awards "expended" in a fiscal year 2015 - present $750,000 of combined federal awards "expended" in a fiscal year For fiscal years beginning after December 25, 2014, 2 CFR Part 2, the Uniform Guidance requires non-federal entities that expend $750,000 or more in combined federal funds in a fiscal year to have a Single Audit or Program-Specific Audit conducted for that fiscal year.

Non-federal entities expending less than $750,000 of combined federal funds in a fiscal year must submit a Single Audit Exemption to the State Controller’s Office, Financial Audits Bureau/Single Audits Unit to the non-federal entity’s exempt status for the reporting fiscal year based on current standards listed in the Uniform Guidance.

Single Audit Filing/Submission Requirements
Local governments must submit the Single Audit to the Federal Audit Clearinghouse (FAC) no later than March 31st following the close of the prior fiscal year. The State of California Agenda Packet Page 45 of 475
Agenda Item No. 5.D.
also requires local governments to submit a copy of their Single Audit to the State Controller’s Office. However, due to the pandemic, the Office of Management (OMB) Memo M-21-20 was authorized a six-month extension for filing/submitting the Single Audit for the fiscal year ending June 30, 2021. The filing/submittal date was extended from March 31, 2022 to September 30, 2022. In addition, OMB Memo M-21-20 requires all recipients and subrecipients filing/submitting the Single Audit after March 31, 2022 to maintain documentation substantiating the reasons for filing/submitting during the extension period.

Additionally, the Single Audit must be filed/submitted within 30 calendar days after the nonfederal entities are in receipt of the auditor’s report with the Federal Audit Clearinghouse, State Controller’s Office, and other federal and state agencies based on the entities' specific federal funding.

ANALYSIS
The City of El Cerrito, in the fiscal year ending June 30, 2021 (FY 2020-21), expended more than $750,000 in combined federal funds and was required to have a Single Audit conducted by an external audit firm. The City's independent audit firm, Badawi and Associates, CPA, conducted the Single Audit based on the Uniform Guidance for audits of federal awards to non-federal entities. Badawi and Associates confirmed the City expended $4,031,472 in combined federal funds in FY 2020-21 as follows:

Federal Grantor/Pass Through Title Federal CFDA
No.

Federal
Expenditures
U.S. Department of Transportation
Highway Planning and Construction 20.205 $ 450,000
Highway Planning and Construction 20.205 $ 100,000
U.S. Department of Treasury
Coronavirus State and Local Fiscal Recovery
Funds (ARPA)

21.027 $ 3,048,374
Coronavirus Relief Fund (CARES) 21.019 $ 308,098
U.S. Department of Homeland Security 97.036 $ 125,000
TOTAL EXPENDITURES OF FEDERAL AWARDS $ 4,031,472
The FY 2020-21 Single Audit report reflects:
 No material weaknesses or significant deficiencies identified  No findings or questioned costs noted in the current year  No noncompliance material to the financial statements As required, the City will file the FY 2020-21 Single Audit with the Federal Audit Clearinghouse, State Controller’s Office, and other federal and state agencies based on the various funder’s audit documentation specifications.

Agenda Packet Page 46 of 475
Agenda Item No. 5.D.

STRATEGIC PLAN CONSIDERATIONS
Adhering to the Single Audit requirements is aligned with the City’s Strategic Plan goal to achieve long-term financial sustainability, which includes ensuring policies, procedures, and systems represent best practices in financial management.

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

FINANCIAL CONSIDERATIONS
No fiscal impact is associated with acceptance of the Single Audit Report for fiscal year ending June 30, 2021.

LEGAL CONSIDERATIONS
The City Attorney has reviewed and legal considerations have been addressed Reviewed by:

Alexandra Orologas, Assistant City Manager
Attachments:

1. FY 2020-21 City of El Cerrito Single Audit Report
Agenda Packet Page 47 of 475
City of El Cerrito
El Cerrito, California
Single Audit Reports
For the year ended June 30, 2021
Agenda Packet Page 48 of 475
City of El Cerrito
Single Audit Reports
For the year ended June 30, 2021
Table of Contents
Page
Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards .................................................................... 1 Report on Compliance for Each Major Program and Report on Internal Control over Compliance in Accordance with the Uniform Guidance And on the Schedule of Expenditures of Federal Awards ................................................................................ 3 Schedule of Expenditures of Federal Awards ..................................................................................................... 7 Notes to the Schedule of Expenditures of Federal Awards .............................................................................. 8 Schedule of Findings and Questioned Costs ....................................................................................................... 9 Agenda Packet Page 49 of 475

REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND

OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN

ACCORDANCE WITH

GOVERNMENT AUDITING STANDARDS
Independent Auditor’s Report
To the Honorable Mayor and Members of City Council
of the City of El Cerrito
El Cerrito, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of El Cerrito, California (City), as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements and have issued our report thereon dated February 28, 2022.

Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

Agenda Packet Page 50 of 475
1 To the Honorable Mayor and Members of City Council
of the City of El Cerrito
El Cerrito, California

Page 2 ends

Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Badawi & Associates, CPAs
Berkeley, CA
February 28, 2022
Agenda Packet Page 51 of 475
2 REPORT ON COMPLIANCE FOR EACH MAJOR PROGRAM AND REPORT ON INTERNAL

CONTROL OVER COMPLIANCE IN ACCORDANCE WITH THE UNIFORM GUIDANCE AND

ON THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
Independent Auditor’s Report
To the Honorable Mayor and Members of City Council
of the City of El Cerrito
El Cerrito, California
Report on Compliance for Each Major Federal Program
We have audited the City of El Cerrito, California’s (City) compliance with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each of the City’s major federal programs for the year ended June 30, 2021. The City’s major federal programs are identified in the summary of auditor’s results section of the accompanying schedule of findings and questioned costs.

Management’s Responsibility
Management is responsible for compliance with federal statutes, regulations, and the terms and conditions of its federal awards applicable to its federal programs.

Auditor’s Responsibility
Our responsibility is to express an opinion on compliance for each of the City’s major federal programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the City’s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances.

We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program. However, our audit does not provide a legal determination of the City’s compliance.

Agenda Packet Page 52 of 475
3 To the Honorable Mayor and Members of City Council
of the City of El Cerrito
El Cerrito, California

Page 4 ends

Opinion on Each Major Federal Program
In our opinion, the City, complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2021.

Report on Internal Control over Compliance
Management of the City is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered the City’s internal control over compliance with the types of requirements that could have a direct and material effect on each major federal program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal program and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control over compliance.

A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.

Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

Agenda Packet Page 53 of 475
4 To the Honorable Mayor and Members of City Council
of the City of El Cerrito
El Cerrito, California

Page 5 ends

Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance We have audited the financial statements of the governmental activities, business-type activities, each major fund, and the aggregate remaining fund information of the City, as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements. We issued our report thereon dated February 28, 2022, which contained unmodified opinions on those financial statements. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by the Uniform Guidance and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of federal awards is fairly stated in all material respects in relation to the basic financial statements as a whole.

The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose.

Badawi & Associates CPAs
Berkeley, California
June 29, 2022, except for the schedule of expenditures of federal awards which are as of February 28, 2022
Agenda Packet Page 54 of 475
5 This page intentionally left blank
Agenda Packet Page 55 of 475
6 City of El Cerrito
Single Audit Report
Schedule of Expenditures of Federal Awards
For the year ended June 30, 2021
Federal Agency or
Federal Grantor/Pass-Through CFDA Pass-Through Federal Subrecipient Grantor Program Title Number Number Expenditures Expenditures U.S. Department of Transpiration:

Highway Planning and Construction Cluster
Passed through State of California Department of Transportation/MTC Highway Planning and Construction (Federal-Aid Highway Program) 20.205 CML-5239 (027) $ 450,000 $ - Highway Planning and Construction (Federal-Aid Highway Program) 20.205 CML-5239 (025) 100,000 - Total U.S. Department of Transportation 550,000 -
U.S. Department of Treasury:

Direct Program
Coronavirus State and Local Fiscal Recovery Funds 21.027 N/A 3,048,374 - Passed through State of California
Coronavirus Relief Fund 21.019 N/A 308,098 -
-
Total U.S. Department of Treasury 3,356,472 -
U.S. Department of Homeland Security:

Passed through California Governor's Office of Emergency Services:

Disaster Grants - Public Assistance 97.036 N/A 125,000 - Total U.S. Department of Homeland Security 125,000 -
Total Expenditures of Federal Award $ 4,031,472 $ -
See accompanying Notes to Schedule of Expenditures of Federal Awards.

Agenda Packet Page 56 of 475
7 City of El Cerrito
Notes to the Schedule of Expenditures of Federal Awards For the year ended June 30, 2021
A. Reporting Entity
The City was incorporated on August 1, 1917, under the laws of the State of California and operates under a Council-Manager form of government. The City Council consists of five elected members. The following services are provided by the City to its citizens: public safety, recreation, streets and highways, recycling, public improvements, planning and zoning, and general administration services.

B. Basis of Accounting
Funds received under the various grant programs have been recorded within the general, special revenue, and capital projects funds of the City. The City utilizes the modified accrual method of accounting for the general, special revenue, and capital projects funds. Modified accrual accounting recognizes revenues when they become available and measurable and, with a few exceptions, recognizes expenditures when liabilities are incurred. The accompanying Schedule of Expenditures of Federal Awards (Schedule) has been prepared on the modified accrual basis of accounting.

C. Relationship of Schedule of Expenditures of Federal Awards to Financial Statements The accompanying Schedule presents the activity of all federal financial assistance programs of the City.

Federal financial assistance received directly from federal agencies as well as federal financial assistance passed through the State of California is included in the Schedule.

The Schedule was prepared only from the accounts of various grant programs and, therefore, does not present the financial position or results of operations of the City.

D. Pass-Through Entities’ Identifying Number
When federal awards were received from a pass-through entity, the Schedule shows, if available, the identifying number assigned by the pass-through entity. When no identifying number is shown, the City determined that no identifying number is assigned for the program or the City was unable to obtain an identifying number from the pass-through entity.

E. Indirect Costs
The City did not elect to use the 10% de minimis indirect cost rate.

Agenda Packet Page 57 of 475
8 City of El Cerrito
Single Audit Reports
Schedule of Findings and Questioned Costs
For the year ended June 30, 2021
Section I - Summary of Auditor’s Results
Financial Statements
Types of auditor’s report issued: Unmodified
Internal control over financial reporting:
 Material weakness(es) identified? No
 Significant deficiency(ies) identified? None noted
Any noncompliance material to the financial statements noted? No Federal Awards
Internal control over major programs:
 Material weakness(es) identified? No
 Significant deficiency(ies) identified? None noted
Type of auditor’s report issued on compliance for major programs Unmodified Any audit findings disclosed that are required to be reported in Accordance with section 200.516(a) No
Identification of major programs:

CFDA Number(s) Name of Federal Program or Cluster Expenditures

21.027 Coronavirus State and Local Fiscal Recovery Funds $ 3,048,374 Total Expenditures of All Major Federal Programs $ 3,048,374 Total Expenditures of Federal Awards $ 4,031,472
Percentage of Total Expenditures of Federal Awards 75.6% Dollar threshold used to distinguish between type A and type B program $750,000 Auditee qualified as low-risk auditee under
section 200.520? No
Agenda Packet Page 58 of 475
9 City of El Cerrito
Single Audit Reports
Schedule of Findings and Questioned Costs
For the year ended June 30, 2021
Section II – Current Year Findings
A. Financial Statement Findings
No financial statements findings in the current year.

B. Federal Award Program Audit Finding
No findings or questioned costs were noted in the current year.

Agenda Packet Page 59 of 475
10 City of El Cerrito
Single Audit Reports
Schedule of Findings and Questioned Costs
For the year ended June 30, 2021
Section III – Prior Year Findings
A. Financial Statement Findings
2020-001 ABILITY OF THE CITY TO CONTINUE AS A GOING CONCERN Criteria:

The City’s general fund should maintain adequate fund balance reserve to meet required operating obligations. GFOA recommends that General purpose local governments, regardless of size, at a minimum should maintain unrestricted budgetary fund balance in their general fund of no less than two months of regular general fund operating expenditures.

Condition:

The City’s available fund balance in the General Fund was a deficit $1,777,532. The ability of the City to continue as a going concern and meet required operating obligations is dependent on the City’s ability to develop and implement a plan that will successfully increase cash flows.

Cause:

The City has either overspend its budget in the past or the budget was not balanced which depleted available fund balance.

Context and Effect:

Deficiency in fund balances may require significant cost cutting measures to reach a budget that will recoup the negative fund balance as well as provide the necessary revenues and financing for continued operations of the City.

Recommendation:

We recommend the City continue to analyze all potential cost cutting measures and revenue sources, and review options to establish a budget plan for the General Fund and other funds to recoup the deficit fund balance as well as provide continued financing for City operations.

Management Response:

In the past two years and prior to this report, the City has focused on our budget by seeking additional revenue and implementing cost-saving measures. The voters passed a new tax measure in November 2018, but it was clear that the City needed to decrease expenditures and consider structural changes in order to restore fiscal health. This required a change in culture for our organization.

In March 2020, the COVID-19 pandemic became prevalent and the City declared a local emergency on March 13, 2020. The pandemic has completely altered the way the City does business and had detrimental impacts to our revenues. Many programs, particularly those offered by the Recreation Department, were forced to close or be severely restricted due to shelter-in-place orders from the County and the State.

Agenda Packet Page 60 of 475
11 City of El Cerrito
Single Audit Reports
Schedule of Findings and Questioned Costs
For the year ended June 30, 2021
Management Response, Continued:

The City was forced to furlough all part-time workers and required furlough days of all full-time nonpublic safety staff. Management employees also had pay and benefits cut. We began to work with all of the bargaining units of the City and were successful in negotiating that every single employee did not receive a cost of living adjustment (COLA) in 2020. During the summer of 2020 the City Council developed a Fiscal Response Plan that would include structural fiscal impacts beginning in the current fiscal year. City staff also implemented regular budget reports to the City Council that provide information on the City’s General Fund budget position, Income Statement, and Cash Flow Projections. Moving forward into the FY 2020-21 budget, further reductions were implemented. In the summer of 2020, the City worked with Management Partners to develop a Fiscal Response Plan to address restoring the General Fund reserves. The Plan identified over $1.5 million in structural impacts for this and future budget years, with the intention of meeting fund balance goals over the next five years to attain the recommended 17% General Fund reserves.

This Plan was implemented in the FY 2020-21 budget that was amended in October 2020, and the City has carried out the identified reductions including eliminating ten (10) positions through layoffs and defunding five (5) vacant positions. In total so far, the City Council has directed staff to provide $4 million in reductions for FY 2020-21.

On February 16, 2021, the City Council implemented further adjustments to the budget at mid-year, including reducing revenues in response to the ongoing pandemic impacts as well as further reducing expenditures by close to $1 million. It has been exceptionally challenging to project non-property tax revenues in the current environment, but City Management has been agilent in keeping Council informed and involved in budget management.

While these actions have allowed the City to begin to trend in the right direction, we know that we must continue along this path in order to meet the goals of the Fiscal Response Plan and restore our General Fund reserve to an appropriate level. The City continues to monitor the budget constantly in order to be responsive to the ongoing economic impacts. Looking ahead to FY 2021-22, in the coming months City staff will be presenting to the City Council updates on the current fiscal position, the City’s CalPERS liabilities, and five-year budget projections in order to begin developing the next fiscal year budget. A community meeting will be held in April as well so that the community can provide input on potential further structural changes to the budget. The City continues to closely track the budget and our financial position and respond accordingly.

Status: No such instances noted in the current year. The going concern was removed in the fiscal year 20/21 audit report.

B. Federal Award Program Audit Finding
No findings or questioned costs were noted in the prior year.

Agenda Packet Page 61 of 475
12 AGENDA BILL
Agenda Item No. 5.E.

Date: July 19, 2022
To: El Cerrito City Council
From: Sandra Dalida, Finance Director/City Treasurer, Finance Department Subject: Monthly Disbursement and Check Register Report for May 2022

ACTION PROPOSED
Receive and file the Monthly Disbursement and Check Register Report for the period May 1, 2022 through May 31, 2022, reflecting 286 General Warrants (#82872 through #83157), 17 Electronic Fund Transfers (#2234 through #2272), and 518 Payroll Account Payments.

BACKGROUND/ANALYSIS
California Government Code, Title 4, Chapter 3, Section 41004 for government cities states “Regularly, at least once each month, the City Treasurer shall submit to the City Clerk a written report and accounting of all receipts, disbursements, and fund balances.

The City Treasurer shall file a copy with the legislative body.” In addition, the City’s Comprehensive Financial Policy, Item 5.1 Accounting Standards indicates the City’s accounting and financial reporting systems shall be maintained in conformance with all state and federal laws . . .” These reports have been previously available through a request for public records to the City Clerk. In the interest of transparency, staff will be providing this report on a monthly basis to the City Council going forward.

Attachment A: Monthly Disbursement and Check Register Report provides a listing of the 821 payments disbursed for the period May 1, 2022 through May 31, 2022.

Accounts Payable Checking Account Payments 303 $2,783,109.07 Payroll Checking Account Payments 518 $ 999,860.09
TOTAL 821 $3,782,969.16

STRATEGIC PLAN CONSIDERATIONS
The City’s Comprehensive Financial Policy and the City’s Strategic Plan to achieve long-term financial sustainability, which includes ensuring policies, procedures, and systems represent best practices in financial management, are aligned with requirements referenced in California Government Code, Title 4, Chapter 3, Section 41004.

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

Agenda Packet Page 62 of 475
Agenda Item No. 5.E.

FINANCIAL CONSIDERATIONS
There is no fiscal impact associated with acceptance of the Monthly Disbursement and Check Register Report for May 2022.

LEGAL CONSIDERATIONS
The City Attorney has reviewed this agenda item and found that legal considerations have been addressed.

Reviewed by:

Alexandra Orologas, Assistant City Manager
Attachments:

1. Disbursement and Check Register Report for May 2022
Agenda Packet Page 63 of 475
Number Date Status Void Reason
Reconciled/
Voided Date Payee Name Description
Transaction
Amount
82872 05/06/2022 Reconciled 05/11/2022 CALPERS LONG TERM CARE PROGRAM LT Care Program $31.69 82873 05/06/2022 Reconciled 05/13/2022 CONTRA COSTA COUNTY Garnishment $496.60 82874 05/06/2022 Reconciled 05/18/2022 FRANCHISE TAX BOARD Garnishment $250.00 82875 05/06/2022 Reconciled 05/12/2022 HEALTH CARE DENTAL TRUST Dental $17,644.50 82876 05/06/2022 Reconciled 05/11/2022 IAFF LOCAL 1230 Labor $4,310.74 82877 05/06/2022 Reconciled 05/13/2022 KAISER FOUNDATION HEALTH PLAN Health $213,074.78 82878 05/06/2022 Reconciled 05/16/2022 LEGALSHIELD Legal Svcs $182.40 82879 05/06/2022 Reconciled 05/13/2022 MUNICIPAL POOLING AUTHORITY Supp Life Ins $10,961.53 82880 05/06/2022 Reconciled 05/10/2022 NATIONWIDE TRUST COMPANY, FSB Fire Health Svgs Acct $9,900.00 82881 05/06/2022 Reconciled 05/10/2022 SEIU LOCAL 1021 Voluntary COPE Deduc $1,591.08 82882 05/06/2022 Reconciled 05/12/2022 SUTTER HEALTH PLUS Health Plan $39,640.60 82883 05/06/2022 Reconciled 05/10/2022 U.S. Bank PARS $2,206.43 82884 05/05/2022 Reconciled 05/12/2022 360 FITNESS SUPERSTORE Stat 71 Weight Set $2,558.96 82885 05/05/2022 Reconciled 05/10/2022 4LEAF, INC. Solar Plan Review $34,203.47 82886 05/05/2022 Reconciled 05/10/2022 Amazon Capital Services, Inc. Office Supplies $146.83 82887 05/05/2022 Reconciled 05/12/2022 ANCHOR ENGINEERING,, INC. Del Norte TOC Conl Svc $3,412.50 82888 05/05/2022 Reconciled 05/11/2022 ARMOUR PETROLEUM SVC & EQUIPT Annual Air Quality Testing $1,026.00 82889 05/05/2022 Reconciled 05/13/2022 ART P.E., JAMES E. 1715 Elm Sprinklers $1,140.00 82890 05/05/2022 Reconciled 05/12/2022 AT&T Internet $5,992.98 82891 05/05/2022 Reconciled 05/10/2022 AVILA PROJECT MANAGEMENT City Hall Elec Veh Chrg Stat $20,995.00 82892 05/05/2022 Reconciled 05/19/2022 BAY AREA FIRE PROTECTION Kitchen Inspection $695.00 82893 05/05/2022 Reconciled 05/11/2022 BAYSIDE STRIPE & SEAL, INC. SP Ave & Wall Ave Sign/Strip $18,248.50 82894 05/05/2022 Reconciled 05/23/2022 Birdsell, Adam Paramedic Lic/Instructor $705.00 82895 05/05/2022 Reconciled 05/11/2022 BLACK, MEI-YU Watercolor & Acr 02 & 03-22 $174.00 82896 05/05/2022 Reconciled 05/09/2022 BOUNDTREE MEDICAL LLC Medical Supplies $247.16 82897 05/05/2022 Reconciled 05/11/2022 CCP INDUSTRIES, INC. Face Masks & Gloves $281.66 82898 05/05/2022 Open CERTIFIED TOWING Veh Towing $375.00 82899 05/05/2022 Reconciled 05/11/2022 ChildCare Careers, LLC Madera & Harding Subs $1,420.64 82900 05/05/2022 Reconciled 05/17/2022 CHIP GEORGE INC Netcloud Mobile & Antennas $25,177.10 82901 05/05/2022 Reconciled 05/12/2022 CINTAS CORPORATION #054 UNIFORMS Yard Uniforms $150.29 82902 05/05/2022 Reconciled 05/12/2022 CITY OF RICHMOND CAD Fees $77,193.25 82903 05/05/2022 Reconciled 05/11/2022 CIVICPLUS Cncl Mtg Closed Caption $206.25 82904 05/05/2022 Reconciled 05/16/2022 COLONY LANDSCAPE AND MAINTENANCE, INC. Aerate Athletic Fields $6,225.00 82905 05/05/2022 Open Community Conservation Centers, Inc. Mixed Paper & Plastic $398.76 82906 05/05/2022 Reconciled 05/12/2022 CONTRA COSTA HEALTH SERVICES Tipping Wall Insp 01 & 02-22 $796.00 82907 05/05/2022 Reconciled 05/16/2022 CORE COMPUTING SOLUTIONS Mthly Software & Support $153.00 82908 05/05/2022 Open COUNTY OF CONTRA COSTA Telecommunications $761.99 City of El Cerrito
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Agenda Packet Page 64 of 475
Number Date Status Void Reason
Reconciled/
Voided Date Payee Name Description
Transaction
Amount
City of El Cerrito
Payment Register
From Payment Date: 5/1/2022 - To Payment Date: 5/31/2022 Source
82909 05/05/2022 Reconciled 05/17/2022 CRIME SCENE CLEANERS, INC. COVID-19 $450.00 82910 05/05/2022 Reconciled 05/11/2022 CSG CONSULTANTS, INC. Plan Review Svcs $656.25 82911 05/05/2022 Reconciled 05/16/2022 DATA TICKET, INC. Services 12-21 & 03-22 $400.00 82912 05/05/2022 Reconciled 05/11/2022 DELL MARKETING L.P. Laptop $2,567.85 82913 05/05/2022 Reconciled 05/11/2022 DICKINSON FLEET SERVICES, LLC Fleet Svcs Recycling Trucks $4,640.00 82914 05/05/2022 Voided 05/19/2022 DON'S TIRE SERVICE, INC. Tire Repair $415.73 82915 05/05/2022 Reconciled 05/10/2022 DUNNIGAN PSYCHOLOGICAL & THREAT ASSTM Psych & Threat Assessmts $2,400.00 82916 05/05/2022 Reconciled 05/12/2022 EAST BAY BLUE PRINT & SUPPLY Lease $211.21 82917 05/05/2022 Reconciled 05/11/2022 EAST BAY - LEAGUE OF CA CITIES League Division Mtg $200.00 82918 05/05/2022 Open EAST BAY BICYCLE COALITION Sponsorship $2,500.00 82919 05/05/2022 Reconciled 05/10/2022 EAST BAY SANITARY CO.INC. Street Sweeping FY22 $8,366.98 82920 05/05/2022 Reconciled 05/12/2022 EBMUD Utility Allocation FY 21-22 $1,250.58 82921 05/05/2022 Reconciled 05/11/2022 ENERGY SYSTEMS CH Generator $910.00 82922 05/05/2022 Reconciled 05/12/2022 FEDEX Shipping $95.15 82923 05/05/2022 Reconciled 05/11/2022 Golden Bear Transfer Station Weep Spoils 03/16 & 03/21 $565.21 82924 05/05/2022 Reconciled 05/19/2022 Green Halo Systems Inc, Mthly Svc Fee 04/22 $171.00 82925 05/05/2022 Open HASHIMOTO, KENNETH, J. Lunch - MAMFF 40MM Class $8.00 82926 05/05/2022 Reconciled 05/11/2022 HONEYWELL INTERNATIONAL, INC. City Satellite Phones $135.00 82927 05/05/2022 Reconciled 05/10/2022 HUNT & SONS, INC. City Fuel $20,537.39 82928 05/05/2022 Reconciled 05/12/2022 J & O' s COMMERCIAL TIRE CENTER Stock Tires, Install, Disposal $4,097.48 82929 05/05/2022 Reconciled 05/13/2022 KARKI, KAVI Academy Trg & Mileage $1,058.69 82930 05/05/2022 Reconciled 05/24/2022 KATHY KRAMER CONSULTING Garden Tour $1,500.00 82931 05/05/2022 Reconciled 05/11/2022 KNORR SYSTEMS, INC. Chemicals $3,518.10 82932 05/05/2022 Reconciled 05/11/2022 L.N. CURTIS & SONS Uniforms/ballis vests/harnass $3,934.75 82933 05/05/2022 Reconciled 05/11/2022 LEAF Sophos Licensing $1,300.43 82934 05/05/2022 Reconciled 05/17/2022 MACK5 Final Inspection & Report $880.00 82935 05/05/2022 Voided 06/28/2022 MICHAEL STEADS HILLTOP FORD KIA Patrol Car Switch/Trim $125.50 82936 05/05/2022 Reconciled 05/10/2022 MIRACLE PLAYSYSTEMS INC. Central Park $429.61 82937 05/05/2022 Reconciled 05/16/2022 Napa Recycling & Waste Service, LLC Commingle Recyc Mtrl Proc $17,400.35 82938 05/05/2022 Reconciled 05/23/2022 NERD CROSSING Business Attraction Web $3,000.00 82939 05/05/2022 Reconciled 05/13/2022 OFFICE DEPOT Office Supplies $544.95 82940 05/05/2022 Reconciled 05/11/2022 OLIVERO PLUMBING Test & Certify $2,618.00 82941 05/05/2022 Reconciled 05/10/2022 PASTIME HARDWARE Station Supplies & Keys $38.80 82942 05/05/2022 Reconciled 05/23/2022 PERALES, EDWARD, J. I&I Tuition & Hotel $383.50 82943 05/05/2022 Reconciled 05/18/2022 PG&E Utilities Alloc $17,856.87 82944 05/05/2022 Reconciled 05/11/2022 PITNEY BOWES Supplies $574.40 82945 05/05/2022 Reconciled 05/10/2022 R3 CONSULTING GROUP SB 1383 Ordinance Adop/Imp $4,975.00 82946 05/05/2022 Reconciled 05/11/2022 RICOH USA, INC Lease $1,591.71 82947 05/05/2022 Reconciled 05/16/2022 RINGCENTRAL, INC. Telephone Exp $499.81 82948 05/05/2022 Voided 05/12/2022 Ringgenberg, Kent Per Diem/Trng - CAPE Conf $275.00 Accounts Payable
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Agenda Packet Page 65 of 475
Number Date Status Void Reason
Reconciled/
Voided Date Payee Name Description
Transaction
Amount
City of El Cerrito
Payment Register
From Payment Date: 5/1/2022 - To Payment Date: 5/31/2022 Source
82949 05/05/2022 Reconciled 05/11/2022 Rivera, Humberto Lunch - Taser Instrutor $8.00 82950 05/05/2022 Reconciled 05/10/2022 S.P. AUTOMOTIVE Radiator Cap $170.49 82951 05/05/2022 Reconciled 05/10/2022 SECURITY SIGNAL DEVICES, INC. Alarm Svcs various locations $916.24 82952 05/05/2022 Reconciled 05/10/2022 SIMPSON INVESTIGATIVE SERVICES GROUP Backgrond Checks $6,415.17 82953 05/05/2022 Reconciled 05/11/2022 SOFER, OREN RPTT Rebate $6,200.00 82954 05/05/2022 Reconciled 05/27/2022 SPEED OIL CHANGE Vehicle Oil Change $105.98 82955 05/05/2022 Reconciled 05/10/2022 ST. FRANCIS ELECTRIC PRFMP IWP Repairs/ Chg LE $8,660.00 82956 05/05/2022 Reconciled 05/16/2022 STERICYCLE, INC. Hazardous Waste Disp/Mtrls $165.49 82957 05/05/2022 Reconciled 05/12/2022 SWRCB Annual Stormwater Permit Fe $1,738.00 82958 05/05/2022 Voided Check was Lost 06/16/2022 T JUNG INVESTIGATIONS Background Checks $2,000.00 82959 05/05/2022 Reconciled 05/13/2022 T-MOBIL Invest Fee $204.00 82960 05/05/2022 Reconciled 05/11/2022 TERRACON CONSULTANTS, INC. Rec Pool Replaster Design $3,450.00 82961 05/05/2022 Reconciled 05/11/2022 TOYOTA MATERIAL HANDLING NC Fleet Mtnce Svcs $185.00 82962 05/05/2022 Reconciled 05/11/2022 TOYOTA MATERIAL HANDLING NC Fleet Mtnce Svcs $185.00 82963 05/05/2022 Open TRAC, RYAN, L. Lunch - MAMFF 40MM Class $8.00 82964 05/05/2022 Reconciled 05/24/2022 TRB AND ASSOCIATES, INC. Plan Review Svcs $2,616.00 82965 05/05/2022 Reconciled 05/17/2022 TWO BROTHERS POOL & SPA April Service $5,329.44 82966 05/05/2022 Reconciled 05/09/2022 UNIVERSAL BUILDING SERVICE Trash Can Liners/Bldg Supp $743.04 82967 05/05/2022 Reconciled 05/31/2022 WADE, THOMAS Training Reimbursement $150.00 82968 05/05/2022 Reconciled 05/11/2022 WEST COAST CODE CONSULTANTS, INC. Bldg Inspector/Plan Review S $6,862.16 82969 05/05/2022 Open WHITNEY, JOHN Lunch - Glock Armorer $8.00 82970 05/05/2022 Open WHITNEY, JOHN Lunch - Taser Instrutor $8.00 82971 05/06/2022 Reconciled 05/16/2022 ALAMEDA COUNTY FIRE DEPARTMENT RD 17 Repair $11,396.02 82972 05/06/2022 Reconciled 05/13/2022 Amazon Capital Services, Inc. Webcam/Toner/Sta 65 Printe $189.56 82973 05/06/2022 Reconciled 05/11/2022 AMERICAN MECHANICAL SERVICES, INC. Qtr Mtnce - City Hall HVAC $2,185.65 82974 05/06/2022 Reconciled 05/13/2022 ARMOUR PETROLEUM SVC & EQUIPT UST Operator Insp, Svc Call $561.40 82975 05/06/2022 Reconciled 05/16/2022 Ballantine, Jeff RPTT Rebate $3,270.00 82976 05/06/2022 Reconciled 05/12/2022 BATTALION ONE FIRE PROTECTION Qtr Insp - City Hall Fire Sprkle $330.00 82977 05/06/2022 Reconciled 05/17/2022 CINTAS CORPORATION #054 UNIFORMS Uniforms/ballis vests/harnass $300.58 82978 05/06/2022 Reconciled 05/13/2022 CONTRA COSTA HEALTH SERVICES Inspection - Tipping Wall $447.75 82979 05/06/2022 Open CONTRA COSTA HEALTH SERVICES 2022 ePCR License $3,333.28 82980 05/06/2022 Reconciled 05/13/2022 DELANO WILLIS RPTT Rebate $3,420.00 82981 05/06/2022 Voided 06/23/2022 DIGITAL MAP PRODUCTS, L.P. Annual SW Lic & Mtnc GovC $24,950.00 82982 05/06/2022 Reconciled 05/12/2022 DONNOE & ASSOCIATES Engineer Test $374.00 82983 05/06/2022 Reconciled 05/12/2022 EAST BAY BLUE PRINT & SUPPLY Lease $211.21 82984 05/06/2022 Reconciled 05/18/2022 FUJIWARA, PATTY Mon Evening Pottery - 04/22 $489.00 82985 05/06/2022 Reconciled 05/16/2022 Golden Bear Transfer Station Sweep Spoils 04/08/22 $370.61 82986 05/06/2022 Reconciled 05/18/2022 GRAUL, BELINDA Gynnastics - 03/22 & 04/22 $5,940.00 82987 05/06/2022 Reconciled 05/20/2022 HEWLETT PACKARD ENTERPRISE COMPANY HP Servers Mtnc & Support $6,350.40 82988 05/06/2022 Reconciled 05/12/2022 HI-TECH INC. Deposit - Fire Engine $156,000.00 Accounts Payable
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Agenda Packet Page 66 of 475
Number Date Status Void Reason
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Voided Date Payee Name Description
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City of El Cerrito
Payment Register
From Payment Date: 5/1/2022 - To Payment Date: 5/31/2022 Source
82989 05/06/2022 Reconciled 05/18/2022 HILLYARD Custodial Supplies $3,184.92 82990 05/06/2022 Reconciled 05/12/2022 J & O' s COMMERCIAL TIRE CENTER M12 Van, LF & RFFP Tires $441.00 82991 05/06/2022 Reconciled 05/13/2022 JOHN AND CLAIRE INVESTIGATIONS Background Checks $1,000.00 82992 05/06/2022 Reconciled 05/17/2022 KEL-AIRE Maintenance $797.29 82993 05/06/2022 Reconciled 05/12/2022 KI RESEARCH INSTITUTE Aikido - 04/22 $333.00 82994 05/06/2022 Reconciled 05/12/2022 LAW OFFICE OF TODD SIMONSON, PC Legal Svcs $4,736.50 82995 05/06/2022 Reconciled 05/13/2022 MICHAEL STEADS HILLTOP FORD KIA Vehicle Svcs & Repairs $1,078.23 82996 05/06/2022 Reconciled 05/16/2022 OFFICE DEPOT Office Supplies $475.04 82997 05/06/2022 Reconciled 05/11/2022 OLIVERO PLUMBING Repairs - Arlington $617.86 82998 05/06/2022 Reconciled 05/12/2022 PECKHAM & MCKENNEY Recruitment Svcs $8,666.66 82999 05/06/2022 Reconciled 05/12/2022 PLAZA AUTO SERVICE INC Vehicle Svcs & Repairs $74.53 83000 05/06/2022 Reconciled 05/16/2022 RAMOS, STEPHANIE, R Zumba - 03/22 $2,855.40 83001 05/06/2022 Reconciled 05/16/2022 RICOH USA, INC Lease $3,038.60 83002 05/06/2022 Reconciled 05/16/2022 ROADPOST USA, INC. Fire Dept - Satellite Phones $119.48 83003 05/06/2022 Reconciled 05/13/2022 SECURITY SIGNAL DEVICES, INC. Fire Alarm Svcs - var location $198.97 83004 05/06/2022 Reconciled 05/12/2022 Seele Stars LLC, Rachel Seele Harding PTA Drama - 04/22 $5,000.00 83005 05/06/2022 Reconciled 05/13/2022 STAPLES ADVANTAGE Office Supplies $494.93 83006 05/06/2022 Reconciled 05/13/2022 STATE INDUSTRIAL PRODUCTS Spark Ear Plugs $236.08 83007 05/06/2022 Voided 05/10/2022 STATE OF CALIFORNIA Refund for Duplicate Paymen $8,754.18 83008 05/06/2022 Reconciled 05/16/2022 STERICYCLE, INC. Medical Waste $723.68 83009 05/06/2022 Reconciled 05/16/2022 Super Soccer Stars Canyon Trail - 03-04/22 $4,536.00 83010 05/06/2022 Reconciled 05/13/2022 UNIVERSAL BUILDING SERVICE Trash Can Liners/Bldg Supp $366.58 83011 05/12/2022 Reconciled 05/16/2022 MEDINA-ROSS, VERONICA MASEP Science $1,296.00 83012 05/12/2022 Open LY, SON OT Meals $30.00
83013 05/12/2022 Reconciled 05/17/2022 Amazon Capital Services, Inc. Office Supplies $112.91 83014 05/12/2022 Reconciled 05/16/2022 AMERICAN MECHANICAL SERVICES, INC. HVAC Svcs - City Hall $6,461.74 83015 05/12/2022 Reconciled 05/19/2022 BAY AREA NEWS GROUP EASTBAY Public Hearings $432.90 83016 05/12/2022 Reconciled 05/17/2022 BEND MAILING Garbage Bill Inserts $2,270.01 83017 05/12/2022 Reconciled 05/17/2022 BEST EQUIPMENT Fire Extinguisher Svc $577.94 83018 05/12/2022 Reconciled 05/19/2022 BOUNDTREE MEDICAL LLC Medical Supplies $8.61 83019 05/12/2022 Open CA DEPT.OF TRANSPORTATION Refund for Duplicate Paymen $8,754.18 83020 05/12/2022 Reconciled 05/18/2022 ChildCare Careers, LLC Madera Sub/Temps $350.56 83021 05/12/2022 Reconciled 05/19/2022 CINTAS CORPORATION #054 UNIFORMS Uniforms/ballis vests/harnass $150.29 83022 05/12/2022 Reconciled 05/23/2022 COMCAST Monthly Svc - 04-05/22 $99.50 83023 05/12/2022 Reconciled 05/25/2022 CONTRA COSTA COUNTY LIBRARY 2nd Qtr - Addtl Oper Hours $10,915.20 83024 05/12/2022 Reconciled 05/23/2022 CONTRA COSTA HEALTH SERVICES City Jail Fees $710.00 83025 05/12/2022 Reconciled 05/18/2022 CORODATA SHREDDING INC. Monthly Shred Svc $203.48 83026 05/12/2022 Reconciled 05/17/2022 CRIME SCENE CLEANERS, INC. COVID Santitation $156.00 83027 05/12/2022 Reconciled 05/20/2022 DOGFATHER K9 CONNECTIONS K-9 Boarding $469.00 83028 05/12/2022 Reconciled 05/18/2022 DON'S TIRE SERVICE, INC. Tire Repair/Svcs $168.87 Accounts Payable
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Pages: 4 of 10
Agenda Packet Page 67 of 475
Number Date Status Void Reason
Reconciled/
Voided Date Payee Name Description
Transaction
Amount
City of El Cerrito
Payment Register
From Payment Date: 5/1/2022 - To Payment Date: 5/31/2022 Source
83029 05/12/2022 Reconciled 05/19/2022 EBMUD FY 2021-22 Utility Alloc $2,503.42 83030 05/12/2022 Reconciled 05/31/2022 FORENSIC SERVICES DIVISION Lab Testing $4,580.00 83031 05/12/2022 Reconciled 05/18/2022 GILLESPIE DECALS, INC Parking Permits $1,402.04 83032 05/12/2022 Reconciled 05/19/2022 GOLDFARB & LIPMAN OSH $192.00 83033 05/12/2022 Reconciled 05/19/2022 GRAND PRIX CAR WASH Vehicle Cleaning $56.97 83034 05/12/2022 Reconciled 05/19/2022 HEALDSBURG SIGNS, INC. Engine Decals $680.16 83035 05/12/2022 Reconciled 05/18/2022 Honey Bucket Central Park Svcs 05/03-22/2 $221.05 83036 05/12/2022 Reconciled 05/18/2022 JAFFE, SCOT Pottery - 04/22 $171.00 83037 05/12/2022 Reconciled 05/20/2022 Johnson Controls Security Solutions Alarm Svcs - City Hall $429.79 83038 05/12/2022 Reconciled 05/23/2022 JONES, HIROMI Yoga - 04/22 $312.00 83039 05/12/2022 Reconciled 05/17/2022 KEL-AIRE Mtnc Svcs - various locations $1,008.81 83040 05/12/2022 Reconciled 05/17/2022 KINSEY, KATHRYNE ANN Bridge - 04/22 $158.40 83041 05/12/2022 Reconciled 05/18/2022 MICHAEL STEADS HILLTOP FORD KIA Vehicle Svcs & Repairs $3,670.77 83042 05/12/2022 Reconciled 05/19/2022 OFFICE DEPOT Office Supplies $262.57 83043 05/12/2022 Reconciled 05/23/2022 PASTIME HARDWARE Building Supplies $250.58 83044 05/12/2022 Reconciled 05/18/2022 PG&E FY 2021-22 Utility Alloc $1,314.17 83045 05/12/2022 Reconciled 05/18/2022 PLAZA AUTO SERVICE INC Vehicle Svcs & Repairs $288.60 83046 05/12/2022 Reconciled 05/17/2022 POSTMASTER Postage $4,000.00 83047 05/12/2022 Reconciled 05/18/2022 RUBICON ENTERPRISES INC Parks & Athletic Field Mtnce $13,953.92 83048 05/12/2022 Reconciled 05/24/2022 Shababo, Tracey , Elise HASEP 3-6 MASEP 1-4 $1,629.00 83049 05/12/2022 Reconciled 05/18/2022 SHAHKAR, MEHRAN Strength/Balance - 04/22 $276.00 83050 05/12/2022 Reconciled 05/19/2022 SIMPSON INVESTIGATIVE SERVICES GROUP Background Checks $3,777.14 83051 05/12/2022 Reconciled 05/23/2022 SPEAKWRITE LLC Speakwrite Transscription $1,194.07 83052 05/12/2022 Reconciled 05/19/2022 STATE OF CA DEPT OF JUSTICE Live Scan $1,215.00 83053 05/12/2022 Open TRAC, RYAN, L. Lunch - Taser Instrutor $8.00 83054 05/12/2022 Open TRAC, RYAN, L. Lunch - Undercover Ops $8.00 83055 05/12/2022 Reconciled 05/19/2022 TRAN, MY Gymnastics Refund $81.00 83056 05/12/2022 Reconciled 05/18/2022 UNIVERSAL BUILDING SERVICE Janitorial Supplies & Svcs $6,565.35 83057 05/12/2022 Reconciled 05/23/2022 VERIZON WIRELESS Mobile/Wireless Expenses $2,722.41 83058 05/18/2022 Open FIRST CAPITALEQUIPMENT LEASING CORP Lease & Legal Fee Docum $687.00 83059 05/20/2022 Reconciled 05/25/2022 CALPERS LONG TERM CARE PROGRAM LT Care Program $31.69 83060 05/20/2022 Reconciled 05/27/2022 CONTRA COSTA COUNTY Garnishment $33.37 83061 05/20/2022 Open EL CERRITO FIRE DEPT MGMT GRP Fire Dept Mgmt Group $40.00 83062 05/20/2022 Open EL CERRITO PUBLIC SFTY EE MGMT Safety Employee Mgmt Group $292.00 83063 05/20/2022 Open FIRE ASSOCIATION Dues - Fire Assn $510.00 83064 05/20/2022 Open FRANCHISE TAX BOARD Garnishment $450.00 83065 05/20/2022 Reconciled 05/26/2022 LIFE INSURANCE OF NORTH AMERICA Accidental Death & Dismem $82.30 83066 05/20/2022 Voided/Reissued Check was Lost 07/07/2022 POLICE ASSN. Dues - Fire Assn $3,552.60 83067 05/20/2022 Open PRO FIREFIGHTERS ASSN DUES Dues - Pro Firefighters $300.00 83068 05/20/2022 Reconciled 05/24/2022 SEIU LOCAL 1021 Voluntary COPE Deduc $1,655.44 Accounts Payable
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Pages: 5 of 10
Agenda Packet Page 68 of 475
Number Date Status Void Reason
Reconciled/
Voided Date Payee Name Description
Transaction
Amount
City of El Cerrito
Payment Register
From Payment Date: 5/1/2022 - To Payment Date: 5/31/2022 Source
83069 05/20/2022 Reconciled 05/25/2022 U.S. Bank PARS $2,246.40 83070 05/19/2022 Reconciled 05/25/2022 4LEAF, INC. Permit Techs/Solar Plan Revi $73,619.50 83071 05/19/2022 Open ALPHA TRENCHLESS Refund $1,696.00 83072 05/19/2022 Reconciled 05/24/2022 Amazon Capital Services, Inc. Office Supplies $539.21 83073 05/19/2022 Reconciled 05/25/2022 ANCHOR ENGINEERING,, INC. Del Norte TOC Conl Svc $3,587.50 83074 05/19/2022 Open APB GENERAL ENGINEERING Refund $697.00 83075 05/19/2022 Reconciled 05/26/2022 AT&T Telephone & Internet Exp $10,350.09 83076 05/19/2022 Open AT&T Refund $697.00
83077 05/19/2022 Reconciled 05/27/2022 AT&T MOBILITY I80 ICM $386.10 83078 05/19/2022 Reconciled 05/24/2022 BATTALION ONE FIRE PROTECTION Fire Sprinkler Insp - Recycl $330.00 83079 05/19/2022 Reconciled 05/26/2022 BERTRAND, FOX, ELLIOT, OSMAN & WENZEL Legal Svcs $14,663.00 83080 05/19/2022 Reconciled 05/26/2022 BKF ENGINEERS Del Norte TOC Conl Svc $22,607.50 83081 05/19/2022 Reconciled 05/24/2022 BOUNDTREE MEDICAL LLC Medical Supplies $21.78 83082 05/19/2022 Reconciled 05/24/2022 BRIGHTVIEW LANDSCAPE SERVICES, INC. Landscape Maintenance $7,656.75 83083 05/19/2022 Reconciled 05/31/2022 CA DEPT.OF TRANSPORTATION Del Norte TOC Conl Svc $7,280.07 83084 05/19/2022 Open CABLECOM Refund $3,111.00
83085 05/19/2022 Open CALIFORNIA HIGHWAY CONSTRUCTION GROUP, INC. Impr Proj C3079; Gladys Av/E $429,219.12 83086 05/19/2022 Reconciled 05/26/2022 CARTY CONSTRUCTION Refund $732.00 83087 05/19/2022 Open CERRITO PRINTING BusinessCards & Forms $834.60 83088 05/19/2022 Reconciled 05/25/2022 ChildCare Careers, LLC Madera & Fairmont Subs $1,387.38 83089 05/19/2022 Reconciled 05/25/2022 CINTAS CORPORATION #054 UNIFORMS Uniforms/Boots $136.64 83090 05/19/2022 Open COMPLETE PLUMBING/HOME REPAIR Refund $697.00 83091 05/19/2022 Reconciled 05/25/2022 CSG CONSULTANTS, INC. Plan Review Svcs $781.25 83092 05/19/2022 Open D'ARCY & HARTY CONSTRUCTION Refund $3,460.00 83093 05/19/2022 Open DATA TICKET, INC. Processing Fee $100.00 83094 05/19/2022 Open DAVID BONOWITZ Soft Story Grant Cnslt Svcs $14,000.00 83095 05/19/2022 Reconciled 05/25/2022 DIPRIMA, LISA Mira Vista PTA Art - 03/22 $1,732.07 83096 05/19/2022 Reconciled 05/23/2022 DOBSON, STEPHEN Gym & Camp Refunds $1,004.50 83097 05/19/2022 Reconciled 05/26/2022 DON'S TIRE SERVICE, INC. Tire Repair/Svcs $35.00 83098 05/19/2022 Reconciled 05/24/2022 EAST BAY SANITARY CO.INC. Street Sweeping FY22 $8,443.98 83099 05/19/2022 Reconciled 05/24/2022 EBMUD FY 2021-22 Utility Alloc $18,696.49 83100 05/19/2022 Voided 05/19/2022 ECMS, INC. Uniforms/Boots $741.91 83101 05/19/2022 Open ECONOMY ROOTER AND PLUMBING Refund $1,730.00 83102 05/19/2022 Open EL DORADO OWNERS Refund $5,732.00 83103 05/19/2022 Open EVERETT PLUMBING & HEATING Refund $3,460.00 83104 05/19/2022 Open FERGUSON PLUMBING, INC. Refund $697.00 83105 05/19/2022 Reconciled 05/26/2022 GOLDFARB & LIPMAN Professional Svcs $384.00 83106 05/19/2022 Reconciled 05/27/2022 Government Finance Officers Association Membership Fee $225.00 83107 05/19/2022 Open Green Halo Systems Inc, Mthly Svc - 05/22 $171.00 83108 05/19/2022 Open HOFFMAN, EDWARD & ALISA Refund $697.00 Accounts Payable
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Pages: 6 of 10
Agenda Packet Page 69 of 475
Number Date Status Void Reason
Reconciled/
Voided Date Payee Name Description
Transaction
Amount
City of El Cerrito
Payment Register
From Payment Date: 5/1/2022 - To Payment Date: 5/31/2022 Source
83109 05/19/2022 Reconciled 05/24/2022 HUNT & SONS, INC. City Fuel $15,348.83 83110 05/19/2022 Open IRISH CONSTRUCTION Refund $697.00 83111 05/19/2022 Open J.J.R. CONSTRUCTION, INC. Retention Release $6,235.97 83112 05/19/2022 Reconciled 05/26/2022 KAISER PERMANENTE New Hire Physicals $150.00 83113 05/19/2022 Reconciled 05/25/2022 KATO PLUMBING Refund $697.00 83114 05/19/2022 Reconciled 05/25/2022 KNORR SYSTEMS, INC. Chemicals $18,123.75 83115 05/19/2022 Reconciled 05/26/2022 L.N. CURTIS & SONS Uniforms/Boots $591.51 83116 05/19/2022 Reconciled 05/31/2022 LACK, CHRIS Pottery - 04/22 $280.00 83117 05/19/2022 Open LIEBERT CASSIDY Legal Svcs $2,016.67 83118 05/19/2022 Reconciled 05/23/2022 MARKS, KEITH CALBO Annual Meeting $2,114.86 83119 05/19/2022 Reconciled 05/27/2022 MCLEAN, DAVID Legal - Small Claims Court $4,419.42 83120 05/19/2022 Reconciled 05/25/2022 MEYERS NAVE Legal Svcs $4,563.70 83121 05/19/2022 Reconciled 05/24/2022 MOBILE MODULAR MANAGEMENT CORP ECMAC Lease - 4th Year $10,541.86 83122 05/19/2022 Reconciled 05/31/2022 MUNICIPAL POOLING AUTHORITY Drug-Alcohol Testing/Medicar $347.19 83123 05/19/2022 Reconciled 05/24/2022 NERD CROSSING Webpage Design $2,000.00 83124 05/19/2022 Reconciled 05/23/2022 NICHOLAS ROOFING, INC. Refund $372.00 83125 05/19/2022 Reconciled 05/24/2022 NINYO & MOORE Storm Drain Evaluations $2,177.50 83126 05/19/2022 Reconciled 05/25/2022 OFFICE DEPOT Office Supplies $488.65 83127 05/19/2022 Open PAUL J SUSLOVIC Refund $718.00
83128 05/19/2022 Open PAYMENTUS CORPORATION Processing Fee $4,335.66 83129 05/19/2022 Open PAYMENTUS CORPORATION Processing Fee $4,042.91 83130 05/19/2022 Reconciled 05/25/2022 PECKHAM & MCKENNEY Recruitment Svcs $8,666.66 83131 05/19/2022 Reconciled 05/26/2022 PG&E FY 2021-22 Utility Alloc $18,467.08 83132 05/19/2022 Open PG&E Refund $718.00
83133 05/19/2022 Open PG&E - OAKLAND OFC Refund $5,292.00 83134 05/19/2022 Reconciled 05/25/2022 PITNEY BOWES Equipment Lease $1,072.30 83135 05/19/2022 Reconciled 05/25/2022 RAMOS, STEPHANIE, R Zumba - 04/22 $2,385.00 83136 05/19/2022 Reconciled 05/25/2022 RICOH USA, INC Equipment Lease $1,591.71 83137 05/19/2022 Reconciled 05/25/2022 RINGCENTRAL, INC. Telephone & Internet Exp $1,143.92 83138 05/19/2022 Reconciled 05/23/2022 RUDNICK, TESSA Travel Expense $546.02 83139 05/19/2022 Reconciled 05/25/2022 SECURITY SIGNAL DEVICES, INC. Alarm Svcs - ECMAC & CmC $178.69 83140 05/19/2022 Reconciled 05/27/2022 Sewer Works, Inc. Refun $1,730.00 83141 05/19/2022 Reconciled 05/31/2022 Sims, David Uniforms/Boots $203.94 83142 05/19/2022 Reconciled 05/25/2022 STATE OF CALIFORNIA DEPT OF INDUSTRIAL Waterslide Inspection $415.00 83143 05/19/2022 Reconciled 05/24/2022 TERRA NOVA ENGINEERING INC Refund $1,730.00 83144 05/19/2022 Reconciled 05/25/2022 THOMSON WEST Title 19 Subscription $211.35 83145 05/19/2022 Reconciled 05/25/2022 TOYOTA MATERIAL HANDLING NC Vehicle Maintenance & Svc $1,617.63 83146 05/19/2022 Open TRILLIUM USA, LLC Cng Recycling Trk 03/22 & 04 $82.77 83147 05/19/2022 Reconciled 05/25/2022 TUTTLE OUTDOOR EQUIPMENT Medical Bag Repair $173.27 83148 05/19/2022 Reconciled 05/25/2022 US BANK

Refunding Bonds $6,140.00
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Pages: 7 of 10
Agenda Packet Page 70 of 475
Number Date Status Void Reason
Reconciled/
Voided Date Payee Name Description
Transaction
Amount
City of El Cerrito
Payment Register
From Payment Date: 5/1/2022 - To Payment Date: 5/31/2022 Source
83149 05/19/2022 Reconciled 05/25/2022 VISCONTI, ERNIE CALBO Virtual Abm $130.00 83150 05/19/2022 Reconciled 05/24/2022 VULCAN INCORPORATED Stretch Film for Recycling $1,188.38 83151 05/19/2022 Voided 05/19/2022 WEST COAST CODE CONSULTANTS, INC. Bldg Inspector $14,693.10 83152 05/19/2022 Open WHITLOCK & WEINBERGER TRANSPORTATION Task Order: Hill/Key/Elm Traf $956.25 83153 05/19/2022 Reconciled 05/25/2022 WILLDAN FINANCIAL SERVICES Legal Svcs $2,350.00 83154 05/19/2022 Reconciled 05/27/2022 WU, EVA Refund - Duplicate Payment $21,798.60 83155 05/19/2022 Reconciled 05/25/2022 ECMS, INC. Uniforms/Boots $150.40 83156 05/19/2022 Reconciled 05/25/2022 KNORR SYSTEMS, INC. Short Payment on Check #83 $9.00 83157 05/24/2022 Open KATZ, JUDY Sr Fitness - 04/22 $252.00 $1,842,510.59
2234 05/06/2022 Open EDD - PAYROLL TAX DEPOSIT Payroll Tax $42,290.84 2235 05/06/2022 Open ICMA Deferred Comp $132,315.19
2236 05/06/2022 Open IRS Federal Tax $161,155.59
2237 05/06/2022 Open P E R S Retirement Plan $153,052.53 2238 05/06/2022 Open STATE DISBURSEMENT UNIT Garnishment $947.53 2239 05/03/2022 Open KATZ, JUDY Trainer Provider - Rec $252.00 2240 05/03/2022 Open ZOOM VIDEO COMMUNICATIONS, INC. Software License $3,397.46 2241 05/12/2022 Open EDD - UNEMP INSURANCE DEPT Unemployment Insur $3,506.00 2245 05/20/2022 Open EDD - PAYROLL TAX DEPOSIT Payroll Tax $40,182.50 2246 05/20/2022 Open ICMA Deferred Comp $47,844.64
2247 05/20/2022 Open IRS Federal Tax $155,640.75
2248 05/20/2022 Open P E R S Retirement Plan $154,538.89 2249 05/20/2022 Open STATE DISBURSEMENT UNIT Garnishment $947.53 2250 05/24/2022 Open IRS Federal Tax City Pension $200.00 2270 05/10/2022 Open CalCard - IMPAC GOV SVCS - Wells Fargo Bank Various Purchases $42,153.03 2271 05/03/2022 Open Wells Fargo Bank, N.A. Paratransut Van - Rec $1,087.00 2272 05/31/2022 Open Wells Fargo Bank, N.A. Paratransut Van - Rec $1,087.00 $940,598.48
Accounts Payable
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Type Check Totals: 286 Transactions
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EFT - Accounts Payable
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Type EFT Totals: 17 Transactions
Pages: 8 of 10
Agenda Packet Page 71 of 475
Number Date Status Void Reason
Reconciled/
Voided Date Payee Name Description
Transaction
Amount
City of El Cerrito
Payment Register
From Payment Date: 5/1/2022 - To Payment Date: 5/31/2022 Source
Checks Status Count
Open 46
Reconciled 231
Voided 9
Stopped 0
Total 286
EFTs Status Count
Open 17
Reconciled 0
Voided 0
Total 17
All Status Count
Open 63
Reconciled 231
Voided 9
Stopped 0
Total 303
Checks Status Count
Open 27
Reconciled 64
Voided 0
Stopped 0
Total 91
EFTs Status Count
Open 427
Reconciled 0
Voided 0
Total 427
All Status Count
Open 454
Reconciled 64
Voided 0
Stopped 0
Total 518
$0.00 $0.00
$1,842,510.59 $1,276,176.41
Transaction Amount
Reconciled
Amount
$510,826.16 $0.00
$1,276,176.41 $1,276,176.41
$55,508.02 $0.00
AP-AP Check - Accounts Payable Checking Account Totals
Transaction Amount
Reconciled
Amount
$1,276,176.41 $1,276,176.41
$55,508.02 $0.00
$0.00 $0.00
$940,598.48 $0.00
Transaction Amount
Reconciled
Amount
$1,451,424.64 $0.00
$940,598.48 $0.00
$0.00 $0.00
$0.00 $0.00
$2,783,109.07 $1,276,176.41
PR-Pay Check - Payroll Checking Account
Check
$0.00 $0.00
$81,084.17 $54,224.03
Transaction Amount Reconciled
Amount
$26,860.14 $0.00
$54,224.03 $54,224.03
$0.00 $0.00
Payroll Checking Account Totals
Transaction Amount Reconciled
Amount
$54,224.03 $54,224.03
$0.00 $0.00
$0.00 $0.00
$918,775.92 $0.00
Transaction Amount Reconciled
Amount $945,636.06 $0.00
$918,775.92 $0.00
$0.00 $0.00
$0.00 $0.00
$999,860.09 $54,224.03
Pages: 9 of 10
Agenda Packet Page 72 of 475
Number Date Status Void Reason
Reconciled/
Voided Date Payee Name Description
Transaction
Amount
City of El Cerrito
Payment Register
From Payment Date: 5/1/2022 - To Payment Date: 5/31/2022 Source
Checks Status Count
Open 73
Reconciled 295
Voided 9
Stopped 0
Total 377
EFTs Status Count
Open 444
Reconciled 0
Voided 0
Total 444
All Status Count
Open 517
Reconciled 295
Voided 9
Stopped 0
Total 821
$0.00 $0.00
$1,923,594.76 $1,330,400.44
Transaction Amount Reconciled
At
$537,686.30 $0.00
$1,330,400.44 $1,330,400.44
$55,508.02 $0.00
Grand Totals:

Transaction Amount Reconciled
At
$3,782,969.16 $1,330,400.44
$1,330,400.44 $1,330,400.44
$55,508.02 $0.00
$0.00 $0.00
$1,859,374.40 $0.00
Transaction Amount Reconciled
At $2,397,060.70 $0.00
$1,859,374.40 $0.00
$0.00 $0.00
$0.00 $0.00
Pages: 10 of 10
Agenda Packet Page 73 of 475

AGENDA BILL
Agenda Item No. 5.F.

Date: July 19, 2022
To: El Cerrito City Council
From: Sandra Dalida, Finance Director/City Treasurer, Finance Department Subject: FY 2021-22 Fourth Quarter Cash and Investment Report

ACTION PROPOSED
Receive and file the FY 2021-22 Fourth Quarter Cash and Investment Report.

BACKGROUND
Pursuant to Section 53646 of the State of California Government Code, the City Treasurer shall submit a quarterly Report of Investments to the legislative body for review and approval within 30 days following the end of the quarter covered by the report. For local agency investments placed in the Local Agency Investment Fund (LAIF), created by Government Code 16429.1, or in a bank, savings and loan association, in a county investment pool or a combination of these, the Treasurer may supply to the governing body the most recent statement(s) received from these institutions in lieu of the Report of Investments. The reports shall:
 Include a current market value as of the date of the report and the source of the valuation.
 Indicate if the investment portfolio is in compliance with the local Statement of Investment Policy or identify the manner in which the portfolio is not in compliance.
 Include a statement denoting the ability of the local agency to meet its expenditure requirements for the next six months.
 Include a listing of funds held by the management of the local agency which are not deposited with LAIF, bank(s), savings and loan institution(s), a county investment pool, or a combination of these institutions.

ANALYSIS
The attached FY 2021-22 Fourth Quarter Cash and Investment Report is submitted in compliance with Gov. Code Section 53646 and the City's Investment Policy, reflects funds deposited with LAIF, Mechanics Bank, and funds held by management not deposited in financial institutions.

Account Par/Cash Value as of June 30, 2022
LAIF $ 12,860,151.33
Mechanics Bank $ 19,868,767.85
Management Petty Cash Funds $ 6,350.00
TOTAL $ 32,735,269.18
Agenda Packet Page 74 of 475
Agenda Item No. 5.F.

The City’s current investments with LAIF, cash in operating accounts, and expected revenue provide sufficient funds to meet estimated expenditures for the next six months.

STRATEGIC PLAN CONSIDERATIONS
The City’s Investment Policy, Comprehensive Financial Policy, and Strategic Plan sets forth guidelines for the investment of City funds and aligns with California Government Code, Section 53646 and Section 53600-53609.

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

FINANCIAL CONSIDERATIONS
Pursuant to California Government Code Sections 53600-53609, investments of public funds shall align with prudent investor standards, safeguard the principal of the funds, meet local agency liquidity needs, and achieve a return on funds under prevailing circumstances. The City’s investment and depositary accounts with LAIF and Mechanics Bank comply with these standards.

LEGAL CONSIDERATIONS
The City’s investments comply with standards reflected in the City’s Investment Policy.

Reviewed by:

Alexandra Orologas, Assistant City Manager
Attachments:

1. 4th Quarter Report
Agenda Packet Page 75 of 475
Category
Pooled Investments
Cash with Bank
Petty Cash Funds
City of El Cerrito
Fourth Quarterly Cash and Investment Report
for the Quarter Ending June 30, 2022
Trustee/Broker Month Ending PAR Value
(Actual Value)
California State Treasurer June 30, 2022 $ 12,860,151.33 Mechanics Bank June 30, 2022 $ 19,868,767.85
City Management June 30, 2022 $ 6,350.00
Total Cash and Investments $ 32, 735,269.18
Attachment 1
Interest Rate Market Value

0.32% $ 12,860,151.33

0.01% $ 19,868,767.85
N/A $ 6,350.00
$ 32,735,269.18
I certify that this report is in compliance with the City of El Cerrito Investment Policy and the California Government Code Section 53646.

The City has sufficient cash to meet the next six months of estimated expenditures as required by the Code.

Sandra Dalida, Finance Director/Treasurer

Page 1 of 2 ends

Agenda Packet Page 76 of 475

AGENDA BILL
Agenda Item No. 5.G.

Date: July 19, 2022
To: El Cerrito City Council
From: Holly M. Charléty, City Clerk, City Management
Subject: Authorize City Council and City Advisory Body Meetings to be Held Via Teleconference Pursuant to Assembly Bill 361 (AB 361)

ACTION PROPOSED
Adopt a resolution authorizing City Council and City Advisory Body meetings to be held via teleconference for a period of 30 days, and making related findings pursuant to AB 361.

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

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

To date, the City Council has adopted resolutions making the necessary findings for the period between October 5, 2021 through July 19, 2022. Staff is requesting that the City Council again adopt the proposed resolution, directing staff to continue facilitating all meetings of the City of El Cerrito and City Advisory Bodies pursuant to the requirements of AB 361 in order to better ensure the health and safety of the public. If adopted, this resolution would be in effect for the 30 day period of July 20, 2022 - August 19, 2022.

Agenda Packet Page 77 of 475
Agenda Item No. 5.G.

The attached resolution makes the findings to confirm the current conditions to allow teleconference meetings pursuant to AB 361 for the City Council and on behalf of all of the commissions and committees created by the City Council pursuant to Government Code section 54952(b). The attached resolution also authorizes hybrid meetings held both via teleconference and in-person. This resolution will allow members of the public to safely observe and participate in local government teleconference meetings during the continued pandemic.

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

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

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

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

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

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

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

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

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

As long as there is not a change in public health conditions, city staff is planning to continue holding hybrid meetings for City Council which will allow for City Council, staff, presenters, and members of the public to attend either in-person or via zoom. Due to staffing resources and limitations of technology, staff is planning for the continuation of Agenda Packet Page 78 of 475
Agenda Item No. 5.G.
city board, commission and committee meetings via zoom with no in-person option for attendance.

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

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

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

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

Reviewed by:

Alexandra Orologas, Assistant City Manager
Attachments:

1. Resolution

2. County Recommendation for Safe Public Meetings
Agenda Packet Page 79 of 475
RESOLUTION 2022-XX

A RESOLUTION AUTHORIZING CITY COUNCIL AND CITY ADVISORY BODY MEETINGS TO BE HELD VIA TELECONFERENCE FOR THE 30-DAY PERIOD BEGINNING JULY 20, 2022 AND MAKING RELATED FINDINGS PURSUANT TO AB 361
WHEREAS, all meetings of the City of El Cerrito’s legislative bodies are open and public, as required by the Brown Act, so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and WHEREAS, in addition to the City Council, the City’s legislative bodies include all boards, commissions, and committees created by the City Council pursuant to Government Code section 54952(b) (hereafter “Advisory Bodies”); and WHEREAS, on March 4, 2020, the State of California declared a statewide emergency over the COVID-19 pandemic; and
WHEREAS, on March 10, 2020, the County of Contra Costa adopted Resolution 2020-92 declared a countywide emergency over the COVID-19 pandemic; and WHEREAS, on March 13, 2020, the City Council adopted Resolution 2020-12 declaring a citywide emergency over the COVID-19 pandemic; and WHEREAS, on March 17, 2020, the Governor signed Executive Order N-29-20 suspending certain provisions of the Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, as a result of Executive Order N-29-20, staff set up teleconference meetings for all City Council meetings and all Advisory Body meetings; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08- 21 which ended the applicable provisions of Executive Order N-29-20 on September 30, 2021; and
WHEREAS, on September 16, 2021, the Governor signed AB 361 (2021) into law allowing legislative bodies to continue to conduct meetings via teleconferencing under specified conditions, including the requirement that the legislative body make specified findings. AB 361 (2021) took effect immediately; and
WHEREAS, AB 361 (2021) requires that, if a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, the legislative body shall make findings that it reconsidered the circumstances of the state of emergency and that either the state of emergency continues to directly impact the ability of the members to meet safely in person, or state or local officials continue to impose or recommend measures to promote social distancing; and Agenda Packet Page 80 of 475
WHEREAS, such conditions now exist in the City, specifically, a State of Emergency due to COVID-19 continues and on July 5, 2022, the Contra Costa County Health Officer issued updated recommendations for safely holding public meetings; and WHEREAS, the Contra Costa County Health Officer’s recommendations for safely holding public meetings include, but are not limited to, holding online meetings, as they present the lowest risk of virus transmission, and imposing social distancing measures for in-person meetings; and
WHEREAS, the Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least 6 feet from others outside of the household; and
WHEREAS, since issuance of Executive Order N-08-21, the highly contagious Delta and Omicron variants of COVID-19 have emerged, causing an increase in COVID19 cases throughout the State; and WHEREAS, COVID-19 cases rates remain high with the Omicron variant being predominant, the City is concerned about the health and safety of all individuals who intend to attend City Council and Advisory Body meetings; and WHEREAS, the City Council hereby finds, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of City Advisory Body created by the City Council pursuant to Government Code section 54952(b), that the presence of COVID-19 and the Delta and Omicron variants would present imminent risks to the health or safety of attendees, staff, and members of the City Council and Advisory Bodies, should those bodies hold entirely in-person meetings, and that state or local officials continue to impose or recommend measures to promote social distancing; and WHEREAS, teleconference meetings may include hybrid meetings, in which all or some members of the City Council or Advisory Body meet in person while others attend by teleconference, and members of the public are either allowed to participate only by teleconference or both in person and by teleconference (“hybrid meetings”). The purpose of hybrid meetings is to allow for multiple modes of attending meetings while reducing the risks of COVID-19, including the Delta and Omicron variants; and WHEREAS, the City shall ensure that all City Council and City Advisory Body meetings subject to AB 361 (2021), including hybrid meetings, comply with the provisions required by AB 361 (2021) for holding teleconferenced meetings.

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

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

2. In compliance with AB 361 (2021), and in order to continue to conduct teleconference meetings pursuant thereto, the City Council hereby finds that:
a. The City Council has considered the circumstances of the state of emergency; and
Agenda Packet Page 81 of 475
b. The state of emergency, as declared by the Governor, and the local emergency proclaimed by the City Council, continue to directly impact the ability of the City Council and the Advisory Bodies, as well as staff and members of the public, from meeting safely in person; and c. The CDC and the Contra Costa County Health Officer continue to recommend social distancing due to COVID-19 and as a result of the presence of COVID-19 and the Delta and Omicron variants, meeting in person would present imminent risks to the health or safety of attendees, the members of City Council and the City’s Advisory Bodies, and staff.

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

BE IT FURTHER RESOLVED that this resolution shall be in effect for the 30 day period of July 20, 2022 through August 19, 2022. The City Council may reconsider the circumstances necessitating this resolution within 30 days of the adoption of this resolution.

I CERTIFY that at a regular meeting on 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 82 of 475
Recommendations for safely holding public meetings
Each local government agency is authorized to determine whether to hold public meetings in person, on-line (teleconferencing only), or via a combination of methods. The following are recommendations from the Contra Costa County Health Officer to minimize the risk of COVID 19 transmission during a public meeting.

1. Online meetings (i.e. teleconferencing meetings) are encouraged, where practical, as these meetings present the lowest risk of transmission of SARS CoV-2, the virus that causes COVID 19. This is particularly important when community prevalence rates are high. Our current trends as of July 5, 2022 in Covid-19 case rate, test positivity, Covid-19 hospitalizations, and Covid-19 wastewater surveillance are increasing at this time. In addition to this, the predominant variant of Covid-19 being identified continues to be the Omicron variant and it’s subvariants the impact of which on the spread of Covid-19 has shown to dramatically increase COVID-19 transmission.

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

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

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

5. Consider holding public meetings outdoors. Increasing scientific consensus is that outdoor airflow reduces the risk of COVID-19 transmission compared to indoor spaces. Hosting events outdoors also may make it easier to space staff and members of the public at least 6 feet apart. If unable to host outdoors, consider ways to increase ventilation and flow of the indoor space to reduce the risk of COVID-19 while indoors.

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

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

Revised 7-5-2022
Sefanit Mekuria, MD, MPH
Deputy Health Officer, Contra Costa County
Agenda Packet Page 83 of 475

AGENDA BILL
Agenda Item No. 5.H.

Date: July 19, 2022
To: El Cerrito City Council
From: Stephen Prée, Environmental Programs Manager/City Arborist; Will Provost, Operations and Environmental Services Division Manager; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Subject: Agreement with A Plus Tree Incorporated for Urban Forest Maintenance, Tree Pruning, Removal, and Planting Services, including Natural Areas Forest Management

ACTION PROPOSED
Adopt a resolution authorizing the City Manager to execute an agreement with A Plus Tree Incorporated to provide Urban Forest Maintenance, Tree Pruning, Removal, and Planting Services, including Natural Areas Forest Management, effective August 1, 2022, for a period of three years, with the option to annually extend the contract for three additional years, in an amount not to exceed $320,370 this fiscal year, with annual CPI increases contingent upon future City budgets and City Council approval of annual appropriations.

BACKGROUND
The City contracts with dedicated tree care companies to help maintain its urban forest of approximately 8,000 trees located on streets, in parks, and on other City-owned properties, plus an estimated 19,500 trees located in the El Cerrito Hillside Natural Area (HNA). Each year, City Staff prioritizes tree maintenance activities based on risk reduction, service requests, tree health care, clearance pruning and cyclical routine maintenance. The types of contract work in order of highest frequency are routine pruning, hazard reduction pruning, emergency tree limb failure removal, whole tree removal, and tree planting. Historically, the City has relied on one or two contractors to perform these tasks in locations on City streets, at City facilities, and in parks, with fire fuel reduction work in the Hillside Natural Area (HNA) performed under additional contracts.

The City’s current primary tree pruning, removal, and maintenance services contract is with West Coast Arborists and was originally issued after a competitive Request for Proposals (RFP) process in November 2016 (Resolution 2016-83). This agreement is due to expire on November 30, 2022. In recent years, the City has executed separate contracts for HNA fire fuel reduction, urgent street and park tree maintenance, and young tree planting and pruning work after project-specific competitive RFP processes.

However, these contracts were of limited duration and focused upon completion of specific work scopes only, expiring when that work was completed.

To increase efficiency and effectiveness in terms of cost and administration, and similar Agenda Packet Page 84 of 475
Agenda Item No. 5.H.
to other maintenance services, Public Works Staff this year released a single RFP that invited contractors to bid on all urban forestry services that the City coordinates, combined into two separate “bundles”: Bundle A, for street, park and facilities tree maintenance, planting and emergency services, and Bundle B, for fuel reduction and forest management work in the City’s natural areas, with a specific focus on the HNA.

The RFP was posted to the City’s website on May 2, 2022, and published in the West County Times on May 10, 2022. A notice inviting proposals was also emailed directly to 10 tree care companies and sent to several other companies’ websites. This RFP requested proposals for services for an initial agreement term of three years, with three possible annual extensions.

City Staff hosted both a pre-proposal virtual meeting on May 9, 2022 attended by six companies and a mandatory pre-proposal field meeting for Bundle B that was attended by 10 companies. Staff provided information and answered questions on the RFP and contract details at both meetings and provided a tour of representative HNA work sites at the Bundle B mandatory field meeting.

ANALYSIS
The City ultimately received four (4) proposals by the RFP due date of May 24, 2022.

Proposals were evaluated based on demonstrated experience on comparable projects, experience of key personnel, project references, licensing and registration requirements and cost proposal. While each of the proposing companies exceeded the minimum qualifications, the cost proposal submittals were prioritized by Staff as a measure to indicate which contractor could provide expert services to the greatest number of trees with the City’s available budget. The cost proposals for the individual bundles are summarized below:

BUNDLE A:

The RFP cost proposal sheet for streets, parks, and facilities tree maintenance including emergency services (shown in Exhibit B of the attached Draft Agreement) was categorized in 17 primary tasks, such as individual tree pruning for structure, grid pruning (3 or more trees in close proximity), individual tree planting, grid tree planting, etc.; these categories were divided into 51 subcategory tasks by tree size and other specific work scope subcategories. The RFP solicited cost proposals for each subcategory task.

The cost proposals from each of the four companies were ranked for each of the work scope categories from lowest cost (1) to highest cost (4), tie (~), no bid (#), as shown in the table below.

Agenda Packet Page 85 of 475
Agenda Item No. 5.H.

Cost:
lowest to
highest
A Plus
Tree
Inc.

Arborist
Now
The
Professional
Tree Care
Co.

West Coast
Arborists Inc.
1 29 6 4 14
2 15 1 9 25
3 7 2 32 8
4 0 37 6 3
~ (tie) 0 1 0 1
# (no bid) 0 4 0 0
Summary of Bundle A bids: Ranking the proposals by cost indicates that A Plus Tree Inc. (A Plus) submitted the lowest price for 29 of 51 tasks and the second lowest price for 15 tasks. West Coast Arborists (WCA) followed in 2
nd place with the lowest price for
14 tasks and the second lowest price for 25 tasks. The 3 rd ranked bid, in terms of
pricing, was submitted by the Professional Tree Care Company, with 4 tasks at the lowest cost and 32 tasks at medium high cost. The highest priced bid came from Arborist Now, in 4
th place with 37 of 51 tasks at the highest cost. The cost proposals were evaluated based on the cost of the service tasks in relation to the anticipated frequency of each task to be completed under the contract. For example, one of the most common tasks is single tree pruning for risk mitigation on medium sized trees, whereas the A Plus proposed cost of $387 is $181 less than WCA’s proposed cost.

City Staff interviewed West Coast Arborists on June 6 and A Plus on June 7 with questions regarding their experience, scope of services, problem solving, communications, and tree maintenance standards. While the City has contracted for work with both companies in the past, WCA has been providing similar contract services for the City for over ten years and offers a more familiar experience, and work and communication history, with City Staff as compared to A Plus. Simultaneously, A Plus Tree Inc. has effectively provided a broad range of contract tree work for the City since 2015, including street tree planting, pruning young trees for structure and form, deep root watering, hazard tree pruning, routine pruning, fire fuel reduction/vegetation management, emergency work, and tree removal services.

In an effort to learn more about potential contract collaborations with A Plus for the City’s primary tree maintenance contract, City Staff invited them to a second interview on June 9 to answer questions regarding their work request communications system and the compatibility of their proprietary tree inventory software, ‘Arbor Plus’, with the inventory software used by the City, Davey’s ‘Treekeeper’. It was concluded that both of these inventory systems contain similarities that are compatible with the City’s street, park and facilities tree maintenance work program. A third interview was conducted on Agenda Packet Page 86 of 475
Agenda Item No. 5.H.

June 29, after the City’s inventory database was uploaded to ‘Arbor Plus’ for a demonstration and to clarify how work orders would be issued were A Plus to receive the contract award. While WCA specializes in municipal tree services and has a satisfactory work history with the City of El Cerrito, A Plus is outstanding not only for their lower pricing but for the broad range of services they offer, their technical qualifications, advanced staff training program, and their effective communication skills.

Staff is recommending that the City Council approve the Bundle A award to A Plus to provide City street, park and facilities tree maintenance services.

BUNDLE B: The second bundle focused on work to be completed in the City’s natural areas, and specifically within the HNA. The RFP cost proposal sheet for natural areas forest management (shown in Exhibit B of the attached Draft Agreement) was categorized in 25 primary tasks, such as tree removal by size, limbing-up trees by size, brush removal, etc.; these categories were divided into 3 levels of complexity: low, medium and high, based on slope, access, resource protection, etc. The RFP solicited cost proposals for each subcategory task. The cost proposals were ranked for each of the work scope categories from lowest cost (1) to highest cost (4), tie (~), no bid entry (#). While 10 contractors attended the mandatory field meeting in the HNA, just 2 contractors submitted bids: A Plus and The Professional Tree Care Company.

Cost:

Lowest
to highest
A Plus Tree
Inc.

The Professional
Tree Care Company
1 33 38 (-19=19)
2 18 32
~ (tie) 5 5
# (no bid) 19 0
Summary of Bundle B bids: The cost proposals were evaluated based on the cost of the service tasks in relation to the anticipated frequency of each task to be completed under the contract. While The Professional Tree Care Co. (Pro Tree) submitted a bid for each category and therefore provided the lowest cost for the 19 tasks that A Plus did not bid on, the tasks for which A Plus provided the lowest bid were as much as 58% lower in cost than the Pro Tree bid. The no-bid tasks that A Plus submitted were a) extra-large tree removal (> 48” dbh) and b) mastication and stump removal work in locations with slopes greater than 30%. These tasks are an infrequent component of the anticipated work projects.

The tasks for which Pro Tree submitted the lowest bid also offered less of a savings to the City than the tasks for which A Plus offered a lower bid. For example, the task to remove trees from 7”-12” dbh is of lesser value, with proposed costs of $300 and $416 from Pro Tree and A Plus respectively, than the task to remove a 25”-36”dbh tree, for Agenda Packet Page 87 of 475
Agenda Item No. 5.H.
which Pro Tree’s cost is $5,000 and the A Plus cost is $2,627. The majority of tree removals are dead Monterey Pine trees in this larger size range. Due to the larger savings on these more expensive tasks, Staff estimate that A Plus will be able to complete the anticipated work projects at a much lower cost.

RECOMMENDATION:

With A Plus having effectively provided a broad range of contract tree work for the City in recent years, City Staff are confident in their ability to execute this scope of work effectively. Moreover, given their relatively lower per unit pricing, City Staff are optimistic that working with A Plus will enable the City to complete more work with the funds that are available for urban forest management, ranging from routine pruning to fire fuel reduction and vegetation management.

A Plus was established in 2001 in Vallejo, CA, and their local municipal clients include the cities of Brentwood, Concord, and Hercules; they have contracted vegetation management and line clearance work for PG&E and they provide tree care services for several homeowners associations. A Plus has branches in Southern California, Seattle, Portland, and Salt Lake City.

A Plus is also committed to environmental sustainability with their “zero-waste initiative” that includes a log milling facility, a biochar technology initiative, and an arbor mulch processing facility. A Plus is Tree Care Industry Association (TCIA) Accredited, and TCIA Certified Treecare Safety Professional credentialed. Local staff include 16 Certified Arborists, 12 Certified Tree Workers, four (4) Licensed Pesticide Applicators, three (3) Certified Electrical Hazard Awareness Program (EHAP) staff, and one (1) North American Tree Climbing Champion.

In summary, based on the thorough evaluation process described above, Staff is recommending that the City Council approve an agreement with A Plus Tree Incorporated to provide Urban Forest Maintenance, Tree Pruning, Removal, and Planting Services, including Natural Areas Forest Management, which includes street, park and facilities tree maintenance services (Bundle A) and wildland fire fuel management services (Bundle B), effective August 1, 2022, for a period of three years, with an option to annually extend three years thereafter, for a cost not to exceed $320,370 per fiscal year. If additional fire fuel reduction work may be needed and is outside of the scope of services A Plus provides (e.g., work that requires specialized equipment), Staff will contract for those services separately.

The annual contract budget is contingent upon future City budgets and is subject to City Council approval of annual appropriations. The contract amount is proposed to be adjustable consistent with the Consumer Price Index for the San Francisco-OaklandHayward region, All Items (Series CUURS49BSA0 or equivalent) a maximum of one time annually.

Budget for Urban Forest Maintenance Activities and Annual Contract Amount:

Historically, the Public Works Department’s target was to maintain street trees on a four Agenda Packet Page 88 of 475
Agenda Item No. 5.H.
(4) to six (6) year pruning rotation cycle, also known as a “grid” pruning strategy. This approach is considered effective, economical and is common practice within municipal arboriculture. However, given available budget, the Department struggled to keep up with this rotation cycle and found that it was not feasible to prune every street tree every five years. In 2014, Staff calculated that a grid pruning contract would require approximately $175,000 per year in order to achieve a five-year pruning rotation and by 2016 the estimated cost per year grew to three times as much to return to a five-year pruning rotation. This is because when pruning becomes deferred beyond five years, certain fast growing trees species, young trees, and species prone to limb failure often produce unacceptable growth, hazards, or failures that require immediate pruning or removal. These more extensive pruning services to individual trees cost more than regular pruning.

Additionally, in recent years the overall condition of the City’s Urban Forest has continued to decline due to climate change and long-term droughts. These factors have resulted in an increase in the number of service requests, tree failures, and hazard tree mitigation. Simultaneously, the City has also been making an increased effort to conduct additional fire fuel reduction work and natural area forest management activities in the HNA, to reduce the risk of wildfire in the community, which has also been exacerbated by climate change and drought.

In response to the growing needs to increase maintenance in the City’s natural areas, and a desire to move to a less costly routine maintenance program for the City’s street, park, and facility trees, the City Council has increased the funding available for these activities in recent years. In Fiscal Year (FY) 2020-21, thanks to Measure H, a 2019 parcel tax approved by El Cerrito voters to fund the preservation, maintenance and enhancement of El Cerrito’s parks and recreation facilities, funding for vegetation management in the HNA was enhanced by $50,000. In addition to this continued increased allocation, the FY 2022-23 budget, approved by the City Council, includes an additional $50,000 in funding from the General Fund for street tree pruning to gradually increase investments in street pruning to an optimum level.

In total across City funds, the approved FY 2022-23 budget includes approximately $244,000 for routine and emergency tree maintenance, pruning, and removal, $10,000 for pruning and planting young trees, and $97,000 for work in the Hillside Natural Area.

The proposed agreement with A Plus Inc. totaling $320,370, utilizes these budgets as described in the Financial Considerations section, and includes the vast majority of the urban forest maintenance activities that the City conducts under one contract. The remaining available budget, totaling an estimated $30,000 will be used to engage tree contactors in completing focused special projects (e.g., using specialized equipment in the HNA not provided by A Plus).

STRATEGIC PLAN CONSIDERATIONS
The project is consistent with the El Cerrito Strategic Plan goals:
 Goal D: Develop and rehabilitate public facilities as common focal points by Agenda Packet Page 89 of 475
Agenda Item No. 5.H.
addressing ongoing and deferred maintenance of City trees;  Goal E: Ensure the public’s health and safety by minimizing City tree hazards and reducing fire fuels;
 Goal F: Fostering environmental sustainability citywide by supporting a healthy urban forest that provides multiple environmental benefits, including air quality improvements, carbon sequestration, storm water retention, wildlife habitat, and community aesthetics.

ENVIRONMENTAL CONSIDERATIONS
Pursuant to Section 15378(b)(2) of the California Environmental Quality Act (CEQA) Guidelines, work under the contract is not a project because it is a continuing maintenance activity.

FINANCIAL CONSIDERATIONS
The FY 2022-23 cost associated with the Agreement for urban forest maintenance services, including natural area forest management, is $320,370 and is included in the FY 2022-23 Adopted Budget in the following budgets:
$179,070 General Fund
$ 3,400 National Pollutant Discharge Elimination System Fund $ 69,300 Landscape and Lighting Assessment District Fund $ 68,600 Measure H Parks and Facilities Fund
Funding for subsequent fiscal years to cover costs associated with the Agreement will be included in the relevant future proposed budgets.

LEGAL CONSIDERATIONS
The City Attorney has reviewed the proposed action and found that legal considerations have been addressed. The proposed agreement will conform to the City’s standard agreement as approved by the City Attorney.

Reviewed by:

Alexandra Orologas, Assistant City Manager
Attachments:

1. Resolution

2. Draft Agreement
Agenda Packet Page 90 of 475
RESOLUTION 2022 - XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH A PLUS TREE INCORPORATED IN AN AMOUNT NOT TO EXCEED $320,370 IN FISCAL YEAR 2022-23, TO PROVIDE URBAN FOREST MAINTENANCE, TREE PRUNING,

REMOVAL, AND PLANTING SERVICES, INCLUDING NATURAL AREAS FOREST MANAGEMENT SERVICES, EFFECTIVE AUGUST 1, 2022, FOR A PERIOD OF THREE

YEARS, WITH AN OPTION TO ANNUALLY EXTEND THREE YEARS THEREAFTER WHEREAS, the City of El Cerrito (City) is responsible for maintaining the trees in its streets, parks, and facilities, and for wildland fire fuels management in the Hillside Natural Area, and other properties owned by the City; and WHEREAS, on May 2, 2022, the City issued a Request for Proposals (RFP) for Urban Forest Maintenance, Tree Pruning, Removal and Planting Services, which was posted to the City’s website, published in the West County Times, and directly provided to ten qualified tree care companies; and
WHEREAS, the RFP called for City streets, parks, and facilities tree maintenance, pruning, planting, and emergency services, and fire fuel reduction and natural area forest management work in the El Cerrito Hillside Natural Area; and WHEREAS, the City received four proposals from qualified companies by the May 24, 2022 due date; and
WHEREAS, upon consideration of competitive pricing, performance of similar work, and the arboricultural experience, licensing and certification of key personnel, City Staff determined that the proposal received from A Plus Tree Incorporated (A Plus) best fits the needs of the City and provides the best value; and WHEREAS, the cost for A Plus to provide the desired City street, park and facilities tree maintenance, planting and emergency services, and fire fuel reduction and forest management work in the Hillside Natural Area, is $320,370 in Fiscal Year (FY) 2022-23; and
WHEREAS, funding for these services is provided in the Adopted FY 2022-23 Budget including $179,070 from the General Fund, $3,400 from the National Pollutant Discharge Elimination System Fund, $69,300 from the Landscape and Lighting Assessment District Fund, and $68,600 from the Measure H Parks and Facilities Fund.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito authorizes the City Manager to execute an agreement with A Plus Tree Incorporated in an amount not to exceed $320,370 in FY 2022-23, to provide Urban Agenda Packet Page 91 of 475
Forest Maintenance, Tree Pruning, Removal, and Planting Services, including Natural Areas Forest Management for three years with an option to annually extend the agreement for an additional three years thereafter, contingent upon funding being appropriated by the City Council in future City budgets.

BE IT FURTHER RESOLVED, the cost for services provided by A Plus Tree Incorporated under the agreement may be adjusted consistent with the Consumer Price Index for the San Francisco-Oakland-Hayward region, a maximum of one time annually.

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

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

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 92 of 475

GENERAL SERVICES AGREEMENT BETWEEN

THE CITY OF EL CERRITO AND
A Plus Tree Incorporated
This agreement for General Services (“Agreement”) is entered into on _____________ (the “Effective Date”) between the CITY OF EL CERRITO, a municipal corporation, with offices located at 10890 San Pablo Avenue, El Cerrito, California (“City”) and A Plus Tree Incorporated (“Contractor”) (together sometimes referred to as the “Parties”).

Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Contractor agrees to perform all services described in the Scope of Services, attached as Exhibit A, which is incorporated herein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services. This Agreement shall begin on the Effective Date and shall end July 31, 2025, unless the term of the Agreement is otherwise terminated or modified, as provided for herein. The term of the agreement shall be extended for up to three (3) additional one (1) year terms with the extensions to commence upon the expiration of the initial term or any extended term unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any extended term of its intent to terminate the agreement at the conclusion of the initial term or any extension. Funding for services beyond June 30, 2023 will be included in future City budgets but is subject to City Council approval of annual appropriations.

1.2 Standard of Performance. Contractor shall diligently perform all services required in connection with this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession.

1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services in connection with this Agreement.

1.4 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. In the event of termination, Contractor shall be entitled to compensation for services satisfactorily completed as of the date of written notice of termination; City, however, may condition payment of such compensation upon Contractor delivering to City documents and records identified in Section 10.1 of this Agreement.

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

Section 2. COMPENSATION. City hereby agrees to pay Contractor for the Scope of Services, whether by fixed price, hourly rates subject to a fixed rate schedule, pursuant to the fee schedule attached as Exhibit B, which is incorporated herein. Total compensation for work performed under this Agreement, NOT TO EXCEED $320,370 in Fiscal Year 2022-23. Contractor’s compensation shall be allowed to increase annually starting July 1, 2023 by the prior 12-month average for the San Francisco-OaklandAgenda Packet Page 93 of 475 Hayward region, All Items Consumer Price Index (Series CUURS49BSA0 or equivalent). Contractor shall notify the City by May 1 of each year of the proposed adjustment for the following year.

2.1 Invoices. Contractor shall submit invoices once a month, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Contractor shall have ninety (90) days after the completion of work to invoice City for all amounts due and outstanding under each governed by this Agreement. In the event, Contractor fails to invoice City for all amounts due within such ninety (90) day period, Contractor shall waive its right to collect payment from City.

2.2 Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor.

Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.3 Reimbursable Expenses. No expenses, costs, or liabilities of Contractor shall be reimbursable unless the obligation and manner of reimbursement is expressly set forth in the scope of services (Exhibit A) and in the fee schedule (Exhibit B).

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

Section 3. CHANGES AND EXTRA SERVICES.

3.1 Provided that City gives reasonable advance notice to Contractor, City may propose in writing changes to Contractor’s work within the Scope of Services described. If Contractor is of the opinion that any proposed change causes an increase or decrease in the cost, or a change in the schedule for performance, of the services, Contractor shall notify City in writing of that fact within five (5) days after receipt of written proposal for changes.

Contractor may also initiate such notification, upon identifying a condition which may change the Scope of Services as agreed at the time of execution of this Agreement covering such Scope of Services. When and if City and Contractor reach agreement on any such proposed change and its effect on the cost and time for performance, they shall confirm such agreement in writing as an amendment to this Agreement. In the event the Parties cannot reach agreement as to the proposed change, at the City’s sole discretion, Contractor shall perform such work and will be paid for labor, materials, equipment rental, etc., actually used to perform the work.

3.2 City shall not be liable for payment of any changes under Section 3.1, nor shall Contractor be obligated to perform any such changes, except upon such written amendment or supplement; provided that if, upon City’s written request, Contractor begins work in accordance with a proposed change, City shall be liable to Contractor for the amounts due Agenda Packet Page 94 of 475
with respect to Contractor’s work pursuant to such change, unless and until City notifies Contractor to stop work on such change.

Section 4. PROJECT SITE. Contractor shall perform the Services in such a manner as to cause a minimum of interference with City’s operations and the operations of other contractors at each Project site and to protect all persons and property thereon from damage or injury. Upon completion of the Services at a Project site, Contractor shall leave such Project site clean and free of all tools, equipment, waste materials and rubbish. Each Project site may include all buildings, offices, and other locations where Services are to be performed, including any access roads. Contractor shall be solely responsible for the safe transportation and packing in proper containers and storage of any equipment required for performing the Services, whether owned, leased or rented. City will not be responsible for any such equipment which is lost, stolen or damaged or for any additional rental charges for such equipment. Equipment left or stored at a Project site, with or without permission, is at Contractor’s sole risk. City may assume that anything left on the work site an unreasonable length of time after said work is completed has been abandoned. Any transportation furnished by City shall be solely as an accommodation and City shall have no liability therefore. Contractor acknowledges and agrees that it shall assume the risk and is solely responsible for its use of any City owned equipment and property provided by City for the performance of Services. City shall have no liability to Contractor therefore. In addition, Contractor further acknowledges and agrees that it shall assume the risk and is solely responsible for its owned, non-owned and hired automobiles, trucks or other motorized vehicles as well as any equipment, tolls, or other property which is utilized by Contractor on each Project site.

Section 5. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City. Contractor shall maintain all required insurance listed herein for the duration of this Agreement.

5.1 Workers’ Compensation. If Contractor employs any person, Contractor shall maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor with limits of not less than One Million Dollars ($1,000,000.00) per accident.

5.2 Commercial General and Automobile Liability Insurance. Contractor shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. The City shall be named as an additional insured and insurance shall provide primary coverage with respect to the City by written endorsement to the policy.

Agenda Packet Page 95 of 475
Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

5.3 General Liability/Umbrella Insurance. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated.

5.4 [Intentionally deleted.]

5.5 All Policies Requirements.

5.5.1 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall, at the sole option of the City, provide City with (1) certified Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; and (2) upon request by the City, complete certified copies of all policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 5.

5.5.2 Notice of Reduction in or Cancellation of Coverage. A certified endorsement must be attached to all insurance obtained in accordance with this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

5.6 Waiver of Subrogation. Contractor agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and subcontractors.

Section 6. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES.

6.1 Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.

The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any Agenda Packet Page 96 of 475
claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.

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

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

In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Section 7. STATUS OF CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of Contractor’s services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement.

Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 8. LEGAL REQUIREMENTS.

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

8.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work in connection with this Agreement.

8.3 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and Agenda Packet Page 97 of 475
approvals of whatsoever nature that are legally required to practice their respective professions.

Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.

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

8.5 Work Requiring Payment of Prevailing Wages. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code must be paid to all workers engaged in performing the Work. Copies of such prevailing rate of per diem wages can be found at the following website:
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm
All contractors and subcontractors who bid or work on a public works project over amounts specified under California Labor Code Section 1725.5(f) must register and pay an annual fee to Department of Industrial Relations (DIR) pursuant to California Labor Code section 1725.5. Information regarding DIR registration can be found at the following website:
https://www.dir.ca.gov/public-works/publicworks.html
Contractor agrees, in accordance with Section 1771.1 of the California Labor Code, that contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor agrees, in accordance with Section 1771.4 of the California Labor Code, this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Section 9. MODIFICATION.

9.1 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

Agenda Packet Page 98 of 475

9.2 Assignment. Contractor may not assign this Agreement or any interest therein without the prior written approval of the City.

9.3 Subcontracting. Contractor shall not subcontract any portion of the performance contemplated and provided for herein without prior written approval of the City. Where written approval is granted by the City, Contractor shall supervise all work subcontracted by Contractor in performing the Services; shall be responsible for all work performed by a subcontractor as if Contractor itself had performed such work; the subcontracting of any work to subcontractors shall not relieve Contractor from any of its obligations under this Agreement with respect to the Services; and Contractor is obligated to ensure that any and all subcontractors performing any Services shall be fully insured in all respects and to the same extent as set forth under Section 5, to City’s satisfaction.

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

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

9.5.1 Immediately terminate the Agreement;

9.5.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor in accordance with this Agreement;

9.5.3 Retain a different Contractor to complete the Services not finished by Contractor; or

9.5.4 Charge Contractor the difference between the costs to complete the work at the time of breach and the amount that City would have paid Contractor in accordance with Section 2 if Contractor had completed the Work.

Section 10. KEEPING AND STATUS OF RECORDS.

10.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City.

10.2 Contractor’s Books and Records. Contractor shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.

10.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the “Disclosing Party”) may disclose confidential, proprietary or trade secret Agenda Packet Page 99 of 475
information (the “Information”), to the other party (the “Receiving Party”). The Receiving Party shall hold the Disclosing Party’s Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Contractor understands that City is a public City and is subject to the laws that may compel it to disclose information about Contractor’s business.

10.4 Inspection and Audit of Records. Any records or documents that this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City.

Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 11. WARRANTY.

11.1 In addition to any and all warranties provided or implied by law or public policy, Contractor warrants that all Services (including but not limited to all equipment and materials supplied in connection therewith) shall be free from defects in design and workmanship, and that Contractor shall perform all Services in accordance with all applicable engineering, construction and other codes and standards, and with the degree of high professional skill normally exercised by or expected from recognized professional firms engaged in the practice of supplying services of a nature similar to the Services in question. Contractor further warrants that, in addition to furnishing all tools, equipment and supplies customarily required for performance of work, Contractor shall furnish personnel with the training, experience and physical ability, as well as adequate supervision, required to perform the Services in accordance with the preceding standards and the other requirements of this Agreement. In addition to all other rights and remedies which City may have, City shall have the right to require, and Contractor shall be obligated at its own expense to perform, all further services which may be required to correct any deficiencies which result from Contractor’s failure to perform any Services in accordance with the standards required by this Agreement. Moreover, if, during the term of this Agreement (or during the one (1) year period following the term hereof), any equipment, goods or other materials or Services used or provided by Contractor under this Agreement fail due to defects in material and/or workmanship or other breach of this Agreement, Contractor shall, upon any reasonable notice from City, replace or repair the same to City's satisfaction. Unless otherwise expressly permitted, all materials and supplies to be used by Contractor in the performance of the Services shall be new and best of kind.

11.2 Contractor hereby assigns to City all additional warranties, extended warranties, or benefits like warranties, such as insurance, provided by or reasonably obtainable from suppliers of equipment and material used in the Services.

Section 12. HEALTH AND SAFETY PROGRAMS. The Contractor shall establish, maintain, and enforce safe work practices, and implement an accident/incident prevention program intended to ensure safe and healthful operations under their direction. The program shall include all requisite components of such a program under Federal, State and local regulations and shall comply with all City site programs.

Agenda Packet Page 100 of 475

12.1 Contractor will be responsible for acquiring job hazard assessments as necessary to safely perform all duties of each Project and provide a copy to City upon request.

12.2 Contractor will be responsible for providing all employee health and safety training and personal protective equipment in accordance with potential hazards that may be encountered in performance of Project and provide copies of the certified training records upon request by City. Contractor shall be responsible for proper maintenance and/or disposal of their personal protective equipment and material handling equipment.

12.3 Contractor is responsible for ensuring that its lower-tier subcontractors are aware of and will comply with the requirements set forth herein.

12.4 City, or their representatives, shall periodically monitor the safety performance of the Contractor working on the Project. All Contractors and their subcontractors shall be required to comply with the safety and health obligations as established in the Agreement.

Non-compliance with safety, health, or fire requirements may result in cessation of work activities, until items in non-compliance are corrected. It is also expressly acknowledged, understood and agreed that no payment shall be due from City to Contractor under this Agreement at any time when, or for any Services performed when, Contractor is not in full compliance with this Section 10.

12.5 Contractor shall immediately report any injuries to the City site safety representative.

Additionally, the Contractor shall investigate and submit to the City site safety representative copies of all written accident reports, and coordinate with City if further investigation is requested.

12.6 Contractor shall take all reasonable steps and precautions to protect the health of their employees and other site personnel with regard to their Scope of Services. Contractor shall conduct occupational health monitoring and/or sampling to determine levels of exposure of its employees to hazardous or toxic substances or environmental conditions.

Copies of any sampling results will be forwarded to the City site safety representative upon request.

12.7 Contractor shall develop a plan to properly handle and dispose of all hazardous wastes they generate within the Scope of Services.

12.8 Contractor shall advise its employees and subcontractors that any employee, who jeopardizes his/her safety and health, or the safety and health of others, may be subject to actions including removal from Project.

12.9 Contractor shall, at the sole option of the City develop and provide to the City a Hazardous Material Spill Response Plan that includes provisions for spill containment and clean-up, emergency contact information including regulatory agencies and spill sampling and analysis procedures. Hazardous Materials to include diesel fuel used for trucks owned or leased by the Contractor.

Section 13. MISCELLANEOUS PROVISIONS.

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13.1 Attorneys’ Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

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

13.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.

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

13.5 Contract Administration. This Agreement shall be administered by the City Manager or his/her designee, who shall act as the City’s representative. All correspondence shall be directed to or through the representative.

13.6 Notices. Any written notice to Contractor shall be sent to:

Sherri Webber, Regional Vice President of Sales
A Plus Tree Incorporated
985 Walnut Avenue
Vallejo, CA 94592
Any written notice to City shall be sent to:

Stephen Prée, Environmental Programs Manager/City Arborist City of El Cerrito
10890 San Pablo Avenue
El Cerrito, CA 94530

13.7 Professional Seal. Where applicable in the determination of the City, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation.

13.8 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein.

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

13.10 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

The Parties have executed this Agreement as of the date signed by the City.

CITY OF EL CERRITO CONTRACTOR
Date: Date:

Karen Pinkos, City Manager
Attest:
__________________________
Holly M. Charléty
City Clerk
Approved as to Form:
____________________________
Sky Woodruff
City Attorney
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EXHIBIT A

SCOPE OF SERVICES
ATTACHMENT 2

TECHNICAL SPECIFICATIONS
I. GENERAL REQUIREMENTS
A. Urban Forest Maintenance
The City of El Cerrito seeks to contract for the maintenance of the City’s urban forest including street and park tree planting, routine and emergency tree maintenance and removal work, including tree inventory maintenance, as well as for work that involves wildland fuels management and tree removal services including large tree removal, forest thinning, chipping, brush clearing, mastication, and mowing. The tree maintenance work to be performed is detailed in this Attachment 2, Technical Specifications. Examples of the work include, but are not limited to, grid pruning of street trees on State Highway 123, City streets in selected areas of the City, as well as fire fuel reduction and forest thinning and removal work in natural areas with limited vehicular access.

Contractor shall provide the highest quality of arboricultural and urban forest maintenance services. The Contractor shall perform urban forest maintenance services in accordance with the statement of work described herein and all applicable American National Standards Institute (ANSI) and International Society of Arboriculture (ISA) standards at various sites. The work performed on this contract includes some or all of the following:
tree pruning, removal, stump grinding, root pruning, planting and watering of trees, natural area standing dead tree removal, ladder fuel pruning, forest thinning, mowing and mastication.

It shall be the responsibility of the Contractor to provide all equipment, labor, and materials as necessary to perform the work described in this RFP in a safe, efficient, and legal manner. This shall include the use of proper knowledge, skills, materials, and equipment to maintain the work areas in a clean, safe, healthy, and acceptable manner during the entire term of this contract. The Contractor shall furnish tree maintenance services by qualified tree care professionals, ISA Certified Arborists and ISA Certified Tree Workers and or TCIA qualified crews or Licensed Timber Operators (LTO) to provide tree pruning and removal services, as specified.

Contract personnel must be qualified and trained in the tree maintenance industry. This will include the site staffing supervisor who shall be an ISA Certified Arborist or Licensed Timber Operator who is able to communicate effectively verbally and in writing with City staff, and residents. At all times during the contracted tree pruning and removal service activities, the firm shall have work crews with a minimum of one ISA Certified Tree Worker on site, Agenda Packet Page 104 of 475
including a foreman who can effectively communicate with City staff and residents, and receive and carry out instructions given by City staff and proper authorities.

The urban forest maintenance program will be submitted and agreed upon within 30 calendar days following award of this contract. This program and any changes, deletions, or additions therein, if approved by the City, shall become part of this agreement and shall be used by both the Contractor and the City of El Cerrito for performance monitoring of Contractor obligations.

Full compensation for conforming to the requirements of this Specification shall be considered as included in the contract prices paid for the various items of work and no separate payment may be made thereof.

B. Management Philosophy
The Contractor shall take a pro-active approach in correcting problems within the Contractors’ span of responsibility and control. Suggestions for improvements, both short and long term, or other problems must be communicated promptly to the City for appropriate action.

C. Public Image and Etiquette
Contractor employees shall wear company uniforms, which consist of long pants and shirts with company name and individual’s name on the shirt. When needed, the Contractor’s staff will utilize rain gear, rain boots, safety shoes, and other high visibility protective equipment. All contracted employees while on the site shall exhibit a clean, neat professional appearance. Contractor’s equipment and vehicles shall also be professional in appearance, exhibit the company name and phone number, and be well maintained for safe operation.

D. Hours of Operation
The Contractor shall conform operations to the hours between 7:00 AM and 5:00 PM, (limit early noise) during the life of the contract. The Contractor shall conform operations to the hours of 9:00 a.m. to 3:00 p.m. on medians and roadside strips. The use of power equipment or other work close to residential areas that results in loud noises shall not be permitted before 7:00 AM. Any exception shall only be authorized with prior approval of the City Representative.

E. Red Flag Days: Contractor shall check for Red Flag Warnings by monitoring alerts and webpages from Cal Fire including: https://www.fire.ca.gov/programs/communications/redflag-warnings-fire-weather-watches/. On days where a Red Flag Warning is declared in the East Bay Hills, no “Hot Work” shall be allowed as follows, where “Hot work” is defined as any work that involves burning, welding, metal-cutting, paving, using fire- or sparkproducing tools, gas-powered equipment, open flames or other work that produces a source of ignition:

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1. On Red Flag Days, inside areas of
the City that are labelled as Very High
Fire Hazard Severity Zones (VHFHSZ),
as shown in the red areas of the map:
a) No hot work or other activities
that could cause a fire in the VHFHSZ
are allowed

2. On Red Flag Days, outside VHFHSZ
areas:
a) All work including hot work is
acceptable except if special conditions
exist, such as humidity in low digits,
high winds or high temperatures. In
these cases, Contractor shall consult
with City Representative.

The map pictured here displays the City
boundaries with the area colored red
denoting Very High Fire Hazard Severity
Zones, more information on the VHFHSZ boundaries can be found at https://egis.fire.ca.gov/FHSZ/.

F. Repairs and Corrective Actions
The Contractor agrees to be continuously alert in locating and defining problems and agrees to exercise prompt and proper corrective action. Action items will be prioritized, and low priority items will be given a timeline for corrections. Contractor shall communicate to the City Representative any urban forest maintenance work and non-work related hazards encountered while on site. Work requests related to citizen requests or reported hazards to Contractor that require scheduling with the City’s Representative will be prioritized dependent on each request. Immediate response may be necessary.

Any private property or City property damaged or altered in any way during the performance of the work under this contract shall be reported promptly to the City's representative and shall be rectified in an approved manner back to its former condition, prior to damage, at the Contractor's expense.

Any hazardous conditions noted, or seen, by the Contractor that has occurred by any means other than during the performance of the Contractor's work, whether by vandalism or any other means, shall be promptly reported to the City’s Representative. The Contractor is responsible for securing any immediate hazards with caution tape, safety cones, or barricades until a City Representative arrives to the location.

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G. Safety
Contractor agrees to perform all work outlined in the Agreement in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all City, County, State or other legal requirements including, but not limited to, full compliance with the terms of the applicable O.S.H.A. and CAL E.P.A. Safety Orders at all times so as to protect all persons, including contractor employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property.

Contractor shall cooperate fully with City in the investigation of any accident, injury or death occurring on city property, including a complete written report thereof to the City Representative within twenty-four (24) hours following the occurrence.

Contractor shall carry portable, operable, approved fire extinguishers within 50 feet of the active work zone.

H. Traffic

1. Maintaining Traffic: If traffic is to be detoured over a centerline, detour plans must be submitted and approved by the City prior to starting work. Police, Fire, and the Public Works Department shall be notified at least 24 hours in advance of any work which will interfere with the normal flow of vehicular or pedestrian traffic. If lane closures or traffic modifications are needed, Contractor shall, as applicable, apply for and obtain an encroachment permit from the City.

On San Pablo Avenue, a minimum of two (paved) traffic lanes, not less than 12 ft. wide per lane, in each direction shall remain open for use by public traffic at all times during the course of the work. When construction operations are not actively in progress, no lane or shoulder closure is permitted.

It shall be the Contractor's responsibility to post, and remove after work is complete, no parking signs as required to perform work. Temporary "No Parking" signs and barricades can be provided by the City for pickup at the City Corporation Yard. Arrangements for signs and barricades can be made by verbal or written request to the City Representative five working days in advance of the need for signs and barricades.

Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the City Representative public traffic will be better served and the work expedited. Such deviation shall not be adopted until the City Representative has indicated his written approval.

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Full compensation for conforming to the requirements of this Section shall be considered as included in the contract prices paid for the various items of work and no separate payment may be made thereof.

2. Traffic Controls for Lane Closure: If a lane closure is necessary in order to do the work, it shall be in accordance with the State of California Standard Specifications Section 12, "Construction Area Traffic Control Devices" and the provisions specified herein.

The provisions in this Section will not relieve the Contractor from his responsibility to provide such measures as may be necessary to ensure public safety. Contractor at his own expense shall ensure proper signage, as approved by the City Representative, during lane closures.

If any component in the traffic control system is damaged, displaced or ceases to operate or function as specified, from any cause during the progress of the work, the contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. Lane closures may be made for work periods only. At the end of each work period, all components of the traffic control system shall be removed from the traveled way, shoulder, sidewalk, pathway and parking lanes. If the Contractor so elects, said components may be stored at selected central locations approved by the City Representative within the limits of the City right-of-way.

Full compensation for conforming to the requirements of this Section shall be considered as included in the contract prices paid for the various items of work and no separate payment may be made thereof.

I. Adjacent Properties
Adjacent City and private property and improvements shall be protected from damage and intrusion at all times during the execution of the work embraced herein. Any damage to adjacent properties shall be repaired or replaced by the Contractor at his/her expense and no payment will be allowed thereof. Work shall be carried out in a manner to avoid all conflicts with operations on adjacent properties and access to adjacent properties.

J. Differing Site Conditions
During the progress of the work, if latent physical conditions are encountered at the site differing materially from those indicated in the contract, or if unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract are encountered at the site, the party discovering such conditions shall promptly notify the City in writing of such specific differing conditions before they are disturbed and before the affected work is performed.

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Upon notification, the City Representative will investigate the conditions, and if the City Representative determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of the work under the contract, an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly. The City Representative will notify the Contractor of his/her determination whether or not an adjustment of the contract is warranted. No contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has requested such in writing. No contract adjustment will be allowed under provisions specified in this section for any effects on unchanged work.

K. City Noise Ordinance
The Contractor and any subcontractor shall at all times conform their operations with the requirement of the City Of El Cerrito’s Noise Ordinance (ECMC, Chapter 19.21.050 Performance Standards).

L. Monthly Progress Reports
The Contractor shall provide monthly progress reports to the City Representative as written documents associated with the monthly invoices. These reports are to include the following information:
a) Description of work performed location, tree species, dbh and tree condition b) Areas recommended for attention encountered during the month and work plan look ahead.
c) The contractor shall enter the data from a) above into the City tree inventory data base. (Bundle A)
M. Payment and Inspection
Payment will be made for work satisfactorily completed as called for in this contract. The Contractor will monitor crew work daily for compliance with II. Specific Requirements and notify the City Representative of any unsatisfactory work. Unsatisfactory work shall be corrected within 24 hours. Contractor or Contractor's representative shall meet with a representative from the City as frequently as the City deems necessary and least once a month during the life of this contract to inspect the work performed and upcoming.

Full compensation for conforming to the work of these specifications shall be considered as included in the contract unit prices, or the proposed hourly rates and material markup, and no further payment may be made thereof.

The contract unit prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in completing the work as specified herein, and as directed by the City.

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Contractor shall invoice City on a monthly basis in a form approved by the City Representative. Invoicing shall include a detail of costs for work performed during the payment period, a summary of current invoice amounts, previous payments, and total payments to date.

N. Adjustment in Scope or Quantity of Work
The City reserves the right to increase or decrease quantities of work included by the Technical Specification or to delete entire proposal items from the proposal schedule, either before execution of the agreement or during the agreement term. If related services are desired by City which are not covered by the Technical Specifications or by the hourly rate schedule, the fee shall be negotiated and a written work order issued accordingly by the City. Contractor shall not be entitled to compensation for additional services unless a prior written work order has been executed describing the work and specifying the compensation thereof.

O. Hourly Rates for Work Not Included in Technical Specifications During the agreement term, City may request Contractor to perform work not listed in the Technical Specifications. The Contractor offers the specified labor categories at the indicated hourly rate for these additional services. Hourly rates shall include all direct and indirect costs. For labor not listed below which is needed to perform additional work, the hourly rate shall be agreed upon between the City and Contractor before additional services are performed.

II. SPECIFIC REQUIREMENTS
Prior to beginning City tree pruning, removal, planting and maintenance work, the Contractor shall review with the City Arborist various methods, tools, and work scheduling to be used on the project. Daily tree pruning operations shall commence no earlier than 7:00 A.M. and shall be completed each day no later than 5:00 P.M. except in case of emergency or with prior approval.

Any structural weakness, decayed trunk or branches, split crotches or limbs and included bark discovered by the Contractor during the course of trimming shall be reported to the City’s designated representative for determination of action, as soon as it is discovered. When working on a tree, the Contractor shall be responsible for the removal of all vines entwined in the tree or around its trunk, and for the removal of sucker growth from tree trunks.

Limbs one inch (1”) in diameter or greater shall be removed with a series of three cuts (aka compound cut). Make the first cut on the underside of the branch one foot (1’) to two feet (2’) from the branch junction. The undercut should be at least one-third (⅓) of the diameter.

Make the second cut one-inch (1”) to three inches (3”) further from the branch junction than Agenda Packet Page 110 of 475
the first. Make the final cut just outside the branch collar in a manner that will stimulate rapid callus growth that will cover the wound.

Removal from a tree of branches three and one-half inches (3.5”) or larger in diameter, unless dead, broken or cracked, require prior approval by the City Arborist and once cut, shall be lowered by proper ropes to the ground. Any damage caused by dropping limbs shall be repaired within seven (7) business days at the Contractor's expense and to the satisfaction of the City. All debris resulting from tree pruning operations shall be removed from the work site as pruning activities move to another location unless otherwise approved by the City.

Debris shall be cleared from sidewalks and street
A work zone shall be established and maintained by the contractor for each tree trimming or other operation. The Contractor shall use all appropriate methods used in the field of tree trimming and tree maintenance for establishing and maintaining such work zone. The City may require the contractor to delineate work zones with signs such as sidewalk closed and or detour signs. No person other than members of the Contractor’s work crew may be allowed to enter such work zone. If any person enters such work zone, the Contractor shall immediately cease all work and operation of all equipment until the work zone is clear.

Contractor shall provide the highest quality of Tree Pruning, Removal and Maintenance services. The Contractor agrees to provide the highest quality commercially accepted methods, procedures and controls for tree pruning, removal and maintenance consistent with the International Society of Arboriculture Pruning Standards (BMPs), ANSI A300 Standards and information in standard arboriculture industry references. This shall include the use of proper knowledge, skills, materials, and equipment of a timely basis to maintain all areas in a clean, safe, healthy, and aesthetically acceptable manner during the entire term of this contract. The Contractor shall furnish tree services by qualified arborists, site managers and tree worker crews to provide tree pruning, removal and maintenance activities that comply with this Specification. It will be the responsibility of the Contractor to provide all equipment, materials, and labor as necessary to perform the work described in these documents in a safe, efficient, and legal manner.

A. Tree Pruning
Tree pruning removal and maintenance services shall be performed according to the most current editions of the following benchmark standards:

1. American National Standards Institute (ANSI) A300 Pruning Standards

2. ANSI Z133.1 Safety Standards

3. ISA Best Management Practices: Pruning Third Edition (or most recent edition) Agenda Packet Page 111 of 475
To ensure that pruning is appropriate for the species and tree/site conditions, it is important to have a clear understanding of the specific needs of the tree and the objectives for pruning.

All tree pruning shall be of the Natural Pruning System unless otherwise specified by the City Arborist.

Pruning objectives include the following:
• Improve safety and security for residents and visitors • Improve structural strength and reduce failure potential • Provide clearance for pedestrians, vehicles, structures, and low voltage utilities
• Repair structural damage from wind loading
• Improve aesthetic characteristics
• Reduce maintenance costs
• Prevent or mitigate a pest problem
Standard 1: All pruning cuts shall conform to ANSI A300 standards (Part 1: Pruning). Do not make flush cuts or leave branch stubs. Cuts shall be made outside of the branch collar in a manner that promotes callous growth to cover wounds.

Standard 2: Not more than 25% of the crown shall be removed within an annual growing season. The percentage of foliage removed shall be adjusted according to age, health, and species considerations. However, up to 33% crown removal may be accepted for Ulmus parvifolia or other species after consultation with the City Arborist.

Standard 3: Pruning equipment shall be sharp, clean and sized appropriately for the pruning cut. Chainsaws shall not be used to remove branches 2” or less in diameter (use sharp handsaw). Avoid the use of any pruning and climbing equipment that may cause damage to bark tissue. Spikes (climbing spurs) shall not be used for climbing trees unless the tree is being removed. Pruning tools shall be treated with a disinfectant (such as Lysol) when pruning trees infected with a pathogen that may be transmitted (on tools) from one tree to another of the same species, such as Pears (Pyrus spp.). Disinfectants should be used before and after pruning individual trees.

Standard 4: All contract personnel engaged in tree pruning shall be familiar with each of the pruning types. Selection of the pruning type(s) shall be based on pruning objectives established by the City and communicated to the crew foreman by the Contractor prior to work commencement. Refer to publication ISA Best Management Practices Tree Pruning for descriptions of pruning types. Clearance pruning that does not comply with Standard 2 shall be conducted only by direct approval of the City Arborist.

Standard 5: Re-leadering cuts shall be made so that the new leader is as proportionally similar in diameter to the remaining parent stem as practical (new leader shall be not less Agenda Packet Page 112 of 475
than one half (1/2) the diameter of the parent stem) unless pre-approved by City Arborist.

Whenever possible, use reduction and re-leadering cuts to reduce crown size. When reduction and re-leadering cuts are not possible (such as when interior lateral branches are not present) and tree hazard potential is high, then heading cuts may be needed, but their use should be minimized. Heading cuts shall not be used, except in very limited cases after consultation with the City Arborist. The size of cuts should be as small as possible to reduce risk of decay entry.

Standard 6: Clearance pruning shall be defined as to provide the following distances:
i. Roadway- not less than 14’ from road surfaces
ii. Sidewalk- not less than 7’ from sidewalk surfaces
iii. Building- not less than 8’ from vertical building surfaces iv. Roofs and streetlights- not less than 10’ from building roof surfaces or street lamps.
v. Utility and telecom drop lines- not less than 2’ or sufficient clearance to prevent service interruption and vascular tree growth onto wires.

Standard 7: Wildlife Protection: Prior to the commencement of any work in the vicinity of any tree, each tree shall be visually surveyed, from all sides, for the sole purpose of detecting the presence of bird nests or wildlife of any type. If a nest is found and is determined to be active, there shall be no work of any type in the tree in which the nest is found without the written permission of the City’s designated representative. At no time shall any nest or wildlife be removed from its location. In the event that wildlife is accidentally displaced, the Contractor shall immediately notify the City representative for assistance. Pruning shall be scheduled outside of bird nesting season when ever reasonably possible (September 1 to February 1)
Standard 8: Tree Planting: The size of trees planted in El Cerrito shall be 15 gallon unless otherwise specified by the City Arborist. All nursery stock shall be approved prior to planting and shall meet the California ReLeaf Guideline Specifications for Nursery Tree Quality (http://ufei.calpoly.edu/files/pubs/NurseryTreeSpecs10_13.pdf). Tree Planting shall be performed in accordance with the ISA Best Management Practices Tree Planting, second edition and conform with Urban Tree Foundation standard planting, staking detail (http://www.urbantree.org/details_specs.shtml).

Standard 9: Tree Watering: Young trees are equipped with 20 gallon watering bags to be filled by contractor on a schedule determined by the City Arborist. Mature trees require deep root watering by means of a contractor provided irrigation injection tool with water applied at > 8” depth evenly in the soil under the tree extending > 24” from the tree trunk to < 36” from dripline edge at a target rate of 15 gallons per caliper inch. Water may be available from a City source.

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B. Description of Work
The Contractor shall provide pricing to the City for the following work descriptions in a natural pruning system that will be used during the contract period by the City and the Contractor:

1. Pruning for Structure: Structural pruning is the removal of live branches and stems to influence the orientation, spacing, growth rate, strength of attachment and ultimate size of branches and stems. It is used on young and medium aged trees to help engineer a sustainable trunk and branch arrangement. It is used on large maturing trees to reduce certain defects and space main branches along one dominant trunk. This pruning type can be summed up in the phrase: subordinate or remove codominant stems. This practice can limit the failure potential of included branch attachments. The maximum diameter of reduction cuts will be specified in consultation with the City Arborist prior to such work. Structural pruning is also the foundation for the following pruning types.

Broken, dead, diseased, damaged or crossing branches are removed and competing branches are reduced.

2. Pruning for Risk Mitigation / Size Management: Pruning to reduce the risk of limb or whole tree failure by height and crown spread may be required on certain species where excessively long limbs and weight loads are present. The size of cuts should be as small as possible to reduce risk of decay entry. This is done with the selective removal of branches and stems and shall be accomplished with reduction cuts to a viable lateral stem, not with heading cuts. While reducing the tree crown, tree workers must adhere to basic tree trimming practices involving limb/branch size relationships and pruning outside the branch bark collar to avoid the onset of decay at cut sites. See Standard 5 above.

3. Pruning to Raise: Raising is the selective removal of branches to provide vertical clearance. Crown raising shortens or removes lower branches of a tree to provide clearance for buildings, signs, vehicles, pedestrians and views. Live crown remaining shall be no less than 66% when raising is completed; some structural pruning is considered by the City to be part of pruning to raise. Clearance objectives are specified above in Tree Pruning Standard 6.

4. Pruning to Clean: Crown Cleaning or cleaning out is the removal of dead, diseased, detached, and broken branches ½” or larger. This type of pruning is done to reduce the risk of falling branches and to reduce the risk of decay spreading into the tree from dead or dying branches. Cleaning is the preferred pruning method for mature trees. Cleaning removes branches with cracks that may be prone to fail. Care must be used to avoid stripping live branches and foliage from the interior of the tree crown. This practice which is known as "lion tailing'' is unacceptable. The location and diameter of branches to be removed may be specified in consultation with the City Arborist prior to this work.

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5. Pruning to Restore: Crown Restoration is the selective removal of branches, sprouts and stubs from trees that have been previously topped, severely headed, lion tailed or otherwise damaged. One to three sprouts are selected for retention on trees with many sprouts originating at the tips of branches. Location and percentage of sprouts are specified.

6. Grid Pruning consists of pruning three (3) or more trees located in close proximity, at the same address or at nearby street addresses. The term is used to reflect an economy of scale when pruning trees in one location and shall be reflected with bid pricing reduced from the single tree pruning bid price.

7. Emergency Response consists of a two-person crew, an aerial lift truck and chipper and follows the terms described in G. below. Hourly rate shall be based on one direction of travel time.

C. Tree and Stump Removal
Tree removal consists of the removal of the above ground portion of a hardwood tree or palm tree. Stump removal consists of the removal of the tree root crown and tree roots up to a depth of 24” or until the root crown is no longer encountered and distances of 24” from the outer circumference of the tree stump. The remaining tree lawn and soil surface shall be left in a raked clean condition free of tree debris >2” in diameter. Restoration: any depressions left after the stump removal shall be filled and leveled with City approved, compacted top soil and, at the discretion of the City, either seeded with an approved grass seed mix or mulched to 3” depth with City approved mulch.

1. The Contractor shall comply with all general specifications standards described herein.

2. The price given by the Contractor for tree removals shall be inclusive of all staff, materials and equipment necessary to remove trees as described herein.

3. The City is responsible for marking trees for removal so that they are easily identified by the contractor for delineating Underground Service Alert (USA) marking. The Contractor shall be required to contact USA at least 3 working days prior to stump grinding.

4. The Contractor shall notify the City’s designated representative in writing of any condition that prevents the removal of a tree and/or the removal of its root system. The Contractor shall take all responsibility for any damage that occurs once the process of removing a tree and/or associated root removal begins.

5. The Contractor shall comply with wildlife protection standards described herein whenever removing a tree: Tree Pruning, Standard 7, above.

6. The Contractor shall not remove any tree without first confirming that the tree being considered is indeed the tree to be removed. Any confusion should be resolved by Agenda Packet Page 115 of 475
contacting the City Arborist for assistance. The errant removal of trees shall be penalized but not limited to the cost to the contractor of procurement, planting and irrigation for the 3-year establishment period of the replacement tree.

7. During a tree removal, the Contractor shall maintain control of the tree and its parts at all times, which shall include the selection and use of proper techniques and equipment.

At no time shall branches, limbs or tree trunks be allowed to freefall and create damage of any type. The Contractor will be held liable for loss of control incidents and shall pay for all damages and associated costs.

8. Cranes and other rigging equipment shall be properly certified, with evidence of such available for inspection prior to use of said equipment in the City. Crane operators shall be certified by the National Commission for the Certification of Crane Operators (NCCCO) and shall display current certification prior to operating a crane in the City. The use of cranes and certified operators shall not result in additional charges to the City beyond the unit price for the work being performed (e.g., the price for tree removal).

9. While loading and handling debris, the Contractor shall maintain control at all times so as not to result in damage to the public rights of way or private property. In addition, the Contractor shall not drop logs or trunks as to create undue noise or shock impact related damages to public and/or private property.

10. The Contractor shall be responsible for the repair of any public or private property including any irrigation system components damaged during a tree removal or stump grinding. Repairs shall be made using City approved components matching those that were damaged.

D. Natural Areas Forest Management (Bundle B)
Contract work in the City’s Hillside Natural Areas (Bundle B) includes fire fuel management, Eucalyptus thinning and removal, Monterey Pine and other invasive tree species removal, standing dead tree removal, brush clearing, mowing and masticating on uneven terrain with limited vehicular access. The projects include work in environmentally sensitive areas where preservation and protection of habitat and wildlife are of high importance.

The City seeks contractors with demonstrated experience in performing the following services:

1. Falling and removing various-sized live or dead trees, including eucalyptus, pine, etc.

2. Thinning forest stands up to specified tree diameters or spacing between trees.

3. Reducing ladder and surface fuels, such as low-hanging tree limbs and fallen logs.

4. Removing large trees or limbs near homes and utilities.

5. Removing large, hazardous, or diseased trees or limbs.

6. Hauling logs and chips off-site.

7. Chipping brush and whole trees.

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8. Masticating brush and mowing or weed-eating grass.

9. Applying City approved herbicides to stumps and other vegetation.

10. Installing erosion control measures and planting trees.

11. Working around sensitive habitat areas.

Contractors should expect work may be on a variety of conditions, on sites ranging up to several acres in size, on steep slopes, and with limited access. Work may frequently be in sensitive habitats and resource protection areas, with specific equipment and timing restrictions that will be clarified and detailed in each job order.

E. Public Noticing of Tree Pruning or Removal Operations Contractor shall be required to notify residents and/or businesses of scheduled tree pruning operations at least forty-eight (48) hours prior to the work being performed. Resident and business notifications shall be made in the form of City approved door hangers. City approved “No Parking” signs shall be posted adjacent to individual trees scheduled for pruning seventytwo (72) hours prior to the work being performed. Nailing or stapling notices on trees is not permitted; contractor is responsible to remove all posting within 2 hours of work completion.

F. Clean up and Debris Disposal
Contractor shall clean each job site as work is completed, public sidewalks and streets not closed to establish a work zone shall be maintained free of debris during work breaks and daily, including the removal of branches, leaves, twigs, etc. from the lawns, street gutters, sidewalks and parkways by sweeping or blowing, collecting and disposal of debris. Each day’s scheduled work shall be completed and cleaned up and only under City approved emergency circumstances may any brush, leaves, debris or equipment be left on the street overnight. The City Arborist or his authorized representative shall be the sole judge as to the adequacy of the cleanup.

Wood waste generated from tree removals shall be chipped into pure wood chips with an even uniform size unless repurposed as lumber. Diseased trees shall not be commingled with regular trees in the creation of wood chips. The disease-free chips may be dumped and spread in specified locations in the City at the direction of the City’s designated representative. It is the responsibility of the Contractor to appropriately dispose of diseased trees. Some quantities of wood and branches not suitable for chipping may be dumped at the City Green Waste disposal site. All tree debris produced as a result of the Contractor’s operations under this contract will be reduced, reused, recycled, and/or transformed.

G. Emergency Response
The Contractor may be required to provide emergency on call response for damaged trees as a result of storms or for other reasons. Emergency calls may occur at any given time of day or night. The Contractor will be provided with locations and the work to be done at each location via telephone from a City authorized representative. Emergency work shall begin Agenda Packet Page 117 of 475
within two (2) hours of the initial telephone call. Contractor shall be required to provide a twenty-four (24) hour emergency phone number upon award of contract.

Contractor shall be required to provide all necessary traffic control during the course of emergency work. Should the work involve any high voltage power lines or any utility lines the Contractor shall be required to notify the responsible utility company. Work performed under the emergency provision of this contract shall include all labor, tools equipment, disposal fees and necessary materials.

H. Licensing, Certification and Labor
All firms submitting proposals must hold a valid State California C-27 and a C-61/D49 Contractor’s License. Both licenses must be in good standing for the previous five (5) consecutive years without any official unresolved record of complaints registered or filed with the Board or California Department of Consumer Affairs.

All proposing contractors must comply with the Prevailing Wage terms as outlined in this RFP.

The Contractor shall be subject to the following minimum requirements, skills, abilities and knowledge:
• Demonstrated knowledge of industry standard municipal tree care operations. • Demonstration of stability and long term, high quality performance of the Contractor. • Current licenses for operation of equipment utilized by operating employee. • Contractor shall have OSHA certification of aerial equipment to be used throughout the term of this project which shall be provided with the submission of bid proposals. • Ability to operate and maintain equipment in accordance with the manufacturer's recommendations.
• Mechanical ability to make required operator adjustments to the equipment being used. • Knowledge of safety regulations as they relate to tree care and traffic control. • American Red Cross Standard First Aid training (minimum of one member of each crew). • At all times during contracted tree maintenance activities, the firm shall have work crews on site that have a foreperson who can effectively communicate with residents and receive and complete instructions given by City staff and proper authorities. • Well organized communication systems and electronic reporting capabilities that demonstrate an ability to complete tasks efficiently and effectively and do not require constant supervision by the City. Demonstrate the ability to electronically track inventory, pruning, asset inventory, and removals and replacements.

The awarded Contractor(s) will be required to apply for a no-fee City Encroachment permit and to have a valid City of El Cerrito Business License during the course of the contract.

Agenda Packet Page 118 of 475
I. Equipment
Included in the contract bid the Contractor shall provide a list of equipment and machinery to be used for this project, including make, model and year; contractor shall provide current OSHA certification of aerial equipment to be used throughout the term of this project.

It will be the responsibility of the Contractor to provide all equipment and labor as necessary to perform the work described in these documents in a safe, efficient, aesthetically pleasing, and legal manner. The Contractor shall at all times furnish and maintain sufficient equipment as necessary to perform the work of this contract. Such equipment shall be subject to the inspection and approval of the City's Representative. If the contractor is unable to consistently provide the necessary equipment to perform the work, it may be considered a breach of this contract.

J. Record Keeping
The Contractor shall provide a record of work performed either in a format that is compatible and consistent with the City’s tree inventory such as TreeKeeper 2, Arbor Access or Excel. The Contractor will specify the format type in the proposal.

The record shall include the street address, street side, tree species, dbh, and a brief description of work performed. The record shall be kept current within 3 business days of work. Tree/site specific backup data containing these same fields in an Excel spreadsheet or approved equivalent shall accompany the invoicing for the work period.

Option for price proposal: Record tree location, dbh, height, health condition and a postservice photo, add this data to El Cerrito City tree inventory.

K. Accident Investigation
Any duty-related incident which results in any personal or property injury shall be reported to the City’s designated representative within one (1) hour by the Contractor. The Contractor shall cooperate fully with the City in the investigation of any incident, injury or death occurring on City property including a complete written report submitted by the Contractor to the City’s designated representative, or assignee, within twenty-four (24) hours following the occurrence.

Should any structure or property be damaged during a permitted or contracted tree operation, the persons conducting the work shall immediately notify the property owners and the City’s designated representative within one (1) hour. The Contractor shall make all arrangements for repairs to damaged property within forty-eight (48) hours, except utility lines, which shall be repaired the same working day. The Contractor shall be solely responsible for contacting all utilities, neighboring property owners, and contractors required to complete such repairs. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City as applicable. Any damage caused by the Contractor shall be repaired or restored by the Contractor at the Contractor’s expense to a condition similar or equal to that existing before such damage or injury, or the Contractor shall repair such damage in a manner acceptable to the City.

Agenda Packet Page 119 of 475
Special attention shall be made to existing utilities, irrigation systems, plant material, landscape features, lights and utility boxes on streets and in City parkways, parks in public and private landscape areas in order to avoid damage.

L. Inspections
The City’s designated representative shall be furnished with every reasonable means for ascertaining full knowledge of the daily tree maintenance operations involving the location, workmanship, character of materials and equipment used and employed in the work. The Contractor may be required to provide the City’s designated representative, with an advance written schedule of all daily tree maintenance operations and work locations.

Inspection of the work shall not relieve the Contractor of any obligations to complete the work as outlined in this RFP. Defective work shall be made good even if the defective work was not pointed out during the initial inspection and the work was accepted for payment. Any work found to be unacceptable by the City will be noted in writing to the Contractor. Upon receipt of notice of any deficiencies, the Contractor shall make a reasonable effort to correct the deficiencies within five (5) working days. If unacceptable conditions are not corrected within this time period the City shall have the right to deduct payment or have services performed by others at the Contractor's expense.

M. Withholding Payment
The City may withhold payment to such extent as may be necessary to protect the City from loss due to one or more of the following reasons:
• Defective, unsatisfactory or inadequate work not corrected. • Claims filed or reasonable evidence indicating probable filing of claims. • Failure of the Contractor to make proper payments to subcontractors or for materials or labor.
• A reasonable doubt that the awarded contract can be completed for the balance unpaid.
• Property damage that resulted from an incident.

Agenda Packet Page 120 of 475
35 Attachment 4 – Bundle A Cost Proposal
The proposal prices are to include and cover the furnishing of all labor, materials, equipment, fees, taxes, incidentals, and overhead necessary to perform the work described in the Technical Specifications section of this RFP (Attachment 2). The proposer affirms that in the event they are awarded a contract they assure that all work will be performed in the specified manner and under the terms and conditions specified at the prices listed below:

Item
#
Item Description UNIT COST
Notes/ Assumptions

1. Individual Tree: Record + Enter Complete
data in City inventory system
$4 a tree
Tree location, dbh, height, health
condition, post-service photo.

2. Individual Tree Removal by DBH size
X. Small 1.5”-5” 178
Small 6”-14” 488
Medium 15”-25” 1038
Large 26”-36” 3961
XL 37”- 52” 7657
XXL 53” + 8750

3. Individual Stump Removal by stump
diameter at ground level
X. Small 2”-5” 63
Small 6”-14” 83
Medium 15”-25” 201
Large 26”-36” 298
XL 37”- 52” 396
XXL 53” + 498

4. Single Tree Pruning for Structure by DBH
X. Small 2”-5” 54
Small 6”-14” (dbh) 234
Medium 15”-25” 387
Large 26”-36” 1103
XL 36”- 52” 1231

5. Single Tree Pruning for Risk Mitigation /
Size Reduction by DBH
Medium 15”-25” 387
Agenda Packet Page 121 of 475
36 Item
#
Item Description UNIT COST
Notes/ Assumptions
Large 26”-36” 1103
XL 36- 52” 1231
XXL 53” + 2453

6. Single Tree Pruning to Restore by DBH
Small 6-14” 234
Medium 14.1”-25” 387
Large 26-36” 1103
XL 36- 52” 1231

7. Single Tree Pruning to Clean by DBH
Medium 14.1”-25” 387
Large 26-36” 1103
XL 36- 52”
XL 1231
XXL 2453
XXL 53” +

8. Grid Pruning for Structure (raise & clean)
by DBH (per tree)
X.Small 2-5” 38
Small 6-14” 188
Medium 15”-25” 310
Large 26-36” 883
XL 36- 52” 985

9. Grid Pruning for - Risk Mitigation / Size
Reduction by DBH (per tree)
Small 6-14”
188
Medium 14.1”-25” 310
Large 26-36” 883
XL 36- 52” 985

10. Grid Pruning to Restore by DBH (per tree)
Small 6-14” 188
Medium 14.1”-25” 310
Large 26-36” 883
XL 36- 52” 985

11. Emergency Response Hourly
24-hour response within 2 hours of call
200
Per man, per hour (min 2 persons)

12. Root Pruning Hourly 250 2 person crew

13. Crew Rental Hourly 400 4 person crew

14. Single Tree Planting 15 gallon
a. City provides tree, Reddy Stake , arbor
mulch, water bag
253
Agenda Packet Page 122 of 475
37 Item
#
Item Description UNIT COST
Notes/ Assumptions
b. Contractor provides tree, lodgepole
stakes, mulch
353

15. Grid Planting (per tree)
a. City provides tree, Ready Stake, arbor
mulch, water bag
253
b. Contractor provides tree, lodgepole
stakes, mulch, water bag
353

16. New Tree Watering – fill 20 gallon
watering bag with City water from water
wagon
a. Per 10 trees 378
b. Per Day 3000 2 person crew + water truck

17. Deep Root Tree Watering Per Day 4000 2 person crew + water truck With City supplied water
Mark-Up on Materials not included in Technical Specifications Contractor will charge City the actual invoice of materials used for any additional work plus a fee of _____10___ percent (%).

Adjustments in Scope or Quantity of Work
The City reserves the right to increase or decrease quantities of work included by the Technical Specification or to delete entire proposal items from the proposal schedule, either before execution of the agreement or during the agreement term. If related services are desired by City which are not covered by the Technical Specifications or by the hourly rate schedule, the fee shall be negotiated and a written work order issued accordingly by the City. Contractor shall not be entitled to compensation for additional services unless a prior written work order has been executed describing the work and specifying the compensation thereof.

Hourly rates for labor to perform work not included in Technical Specifications During the agreement term, City may request Contractor to perform work not listed in the Technical Specifications. The Contractor offers the specified labor categories at the indicated hourly rate for these additional services. Hourly rates shall include all direct and indirect costs.

For labor not listed below which is needed to perform additional work, the hourly rate shall be agreed upon between the City and Contractor before additional services are performed.

Hourly rates for equipment to perform work not included in Technical Specifications Hourly rates shall include all costs necessary to provide equipment in good working order, including cost of fuel, maintenance, direct and indirect cost, but excluding operating labor Agenda Packet Page 123 of 475
38 costs. For equipment not listed below which is needed to perform additional work, the hourly rate shall be agreed upon between the City and the Contractor before such additional equipment is used. Costs associated with the equipment listed below will not be incurred by the City if required in the performance of the work called out in the Technical Specification. It will only be paid for if specifically requested, required, and previously approved by the City.

Hourly Rates For Personnel or Equipment
(add more rows as needed)
Equipment / Personnel Regular Time Over-Time
1 Lift Truck w Operator 412.50 (min 8 hrs) 620.50
2 Track Chipper w Operator 450 (min 8 hrs) 675
3 Excavator w Operator 250 375
4 Air Compressor Rental 60 (min 8 hrs) 90
5 ASCA Registered Consulting
Arborist
250 375
7 Plant Health Care Technician 250 375
8 Board Certified Master Arborist 400 600
Contractor’s Signature ____________________________________ Date 5/24/22 Print Name Sherri Weber Title__Regional VP of Sale ______________________________ Agenda Packet Page 124 of 475
39 Attachment 5 – Bundle B Cost Proposal
The proposal prices are to include and cover the furnishing of all labor, materials, equipment, permits, fees, taxes, incidentals, and overhead necessary to perform the work described in the Urban Forest Maintenance Technical Specification (Attachment 2) of this RFP. The proposer affirms that in the event they are awarded a contract they assure that all work will be performed in the specified manner and under the terms and conditions specified at the prices listed below.

Examples of work types will be shown during the mandatory bid tour. Place an “X” next to any work you do not wish to be considered for. The degree of difficulty pertains to tree removals and tree limb-ups and will be justified based on provided Complexity Definitions. Justification for difficulty of all removal and limb-ups must be included in the Contractor’s proposed methodology portion of each individual project task order. City and Contractor representatives must concur on the degree of difficulty of each individual project area at time of site walk.

Definitions of
work
Complexity

LOW MEDIUM HIGH
Slope Little to no slope, no
impact on
selection of
equipment/methodology
Moderate slope will
require some modification
of equipment
selection/methodology
Steep slopes
require
specialized
equipment to
accomplish
work
Access/Distance
from allowable
access point
Access/distance does not
impact equipment
selection.

For example: access via
paved
or wide maintained trail,
work
is adjacent to access
points
Location of project area is
not easily accessible to
paved or improved
trail/road, but does not
affect equipment selection
Example: < 250’ hike-in
with ropes, saws and
support equipment; stack
cut limbs and material <
8” diameter into piles 15’
x 15’ x 3’, drop boles on
slopes to prevent from
rolling.

Distance and
topography
create
considerable
difficulty
for equipment
access,
specialized
equipment
required to
accomplish
work.

Agenda Packet Page 125 of 475
40 Resource
Protection
No resource protection
measures, no impact on
selection of
equipment/methodology
Some resource protection
measures required, some
impact on crew time or
selection of
equipment/methodology,
such as crane to remove
debris instead of skid steer
Specialized
resource
protection
measures
require drastic
change in
equipment
/methodology,
such as
specialized
equipment like
cable yarding
systems
Chipping/
Debris
Management
Most chippable material
can be broadcasted on
project site. Large
unchippable material will
be removed from
project site.

Material can remain on
project site but must be
reduced in size and stacked
to reduce air space into
burn piles < 3’ tall X 15’
wide and positioned > 15’
from remaining tree
canopies.

No material
may be
broadcast
chipped on
site, all
material must
be removed
from project
site.

Trail use and
control
No to low use trail (less
than
approximately 5
interruptions
per hour), or trail use can
be
diverted entirely
Moderate trail use
requiring some pause of
work (6-10 interruptions
per hour). Directing trail
traffic can be
accomplished without
dedicated personnel
Frequent trail
use requires
several
interruptions
of work, 10+
per hour, or
even
dedicated
personnel to
monitor and
direct trail
traffic
Agenda Packet Page 126 of 475
41 Contractor's Unit Cost
*NOTE- Limb-up Tree definition:

A. Oaks, Toyon, Elderberry and other natives remove limbs to 8’ or 1/3 tree height whichever is less.

B. Eucalyptus remove limbs to 20‘.

Item
#
Description Low Moderate High Notes / Assumptions

1. Remove tree
2”6" dbh
122 143 165

2. Remove tree
7"-12" dbh
416 489 562

3. Remove tree from
13"-24" dbh
1156 1360 1564

4. Remove tree from
25"-36" dbh
2233 2627 3021 Potential use of
crane

5. Remove tree from
37"-48" dbh
5169 6081 6993 Potential use of
crane

6. Remove tree >48"
dbh
Not
Bidding
Not
Bidding
Not
Bidding

7. Applying Approved
Herbicides to cut
stumps and foliage
(per hour)
106 125 144

8. *Limb-up tree
<6" dbh
45 53 61

9. *Limb-up tree
6"-12" dbh
122 143 164

10. *Limb-up tree
12-24" dbh
446 525 604

11. *Limb-up tree
24-36" dbh
702 826 950

12. *Limb-up tree
36"-48" dbh
894 1052 1210

13. *Limb-up tree
>48" dbh
1277 1502 1727
Agenda Packet Page 127 of 475
42 Item
#
Description Low Moderate High Notes / Assumptions

14. Applying Herbicides
to cut
stumps and foliage
(per hour)
125 135 155 Per hour rate per
man

15. Masticating brush
with Skid
steer masticator (per
hour)
280 n/a n/a Medium and High is >
than 30% grade

16. Masticating brush
with
excavator
masticator (per
hour)
300 n/a n/a

17. Removing brush by
hand
(per hour)
125 135 155

18. Mowing or weedeating grass
(per hour)
125 135 155

19. Removing/processing
existing
down woody
material (per hour)
125 135 155 Per hour rate per man

20. Grind stump of tree
<12" dbh
150 n/a n/a

21. Grind stump of tree
12"-24" dbh
300 n/a n/a

22. Grind stump of tree
24"-36" dbh
450 n/a n/a

23. Grind stump of tree
36"-48" dbh
600 n/a n/a

24. Grind stump of tree
>48" dbh
850 n/a n/a

25. Water truck or trailer
(per day)
270 n/a n/a 300 Gallon Water
Buffalo Trailer
Agenda Packet Page 128 of 475
43 Mark-Up on Materials not included in Technical Specifications Contractor will charge City the actual invoice of materials used for the additional work plus a fee of ____10____ percent (%).

For labor not listed below which is needed to perform additional work, the hourly rate shall be agreed upon between the City and Contractor before additional services are performed.

Rate Schedule for Personnel Needed to Perform Work According to RFP and Technical Specification
(add more rows as needed)
Personnel Title Regular Time
1 VP of Ops 155 (if needs to physically work on job
w crew to complete a scope; technical
2 Crew Leader 135
3 Climber/Groundmen 115
4 Plant Health Care Tech 250
5 Safety Coordinator 155 (if needs to physically work on job w crew to complete a scope; technical
Contractor’s Signature ____________________________________ Date 5/24/22 Print Name Sherri Weber Title Regional VP of Sales
Agenda Packet Page 129 of 475

EXHIBIT C

PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.

HOURS OF WORK:

A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract.

B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to 8 hours during any one calendar day, and 40 hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of 8 hours during any one calendar day and 40 hours during any one calendar week is permitted upon compensation for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any one calendar week at not less than one-and-one-half times the basic rate of pay.

C. The Contractor and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.

WAGES:

A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Contractor and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services or work.

B. In accordance with California Labor Code Section 1775, the Contractor and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes penalties per day for each worker engaged in the performance of the services described in Exhibit A that the Contractor or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor or subcontractor in meeting applicable prevailing wage Agenda Packet Page 130 of 475
obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Contractor or subcontractor had knowledge of their obligations under the California Labor Code. The Contractor or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Contractor is not liable for any penalties therefore unless the Contractor had knowledge of that failure or unless the Contractor fails to comply with all of the following requirements:

1. The contract executed between the Contractor and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.

2. The Contractor shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.

3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.

4. Prior to making final payment to the subcontractor, the Contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.

C. In accordance with California Labor Code Section 1776, the Contractor and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

1. The information contained in the payroll record is true and correct.

2. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.

The payroll records required pursuant to California Labor Code Section 1776 shall be certified and sent directly to the Labor Commissioner, and available for inspection by the Owner and its Agenda Packet Page 131 of 475
authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.

D. In accordance with California Labor Code Section 1777.5, the Contractor, on behalf of the Contractor and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.

E. In case it becomes necessary for the Contractor or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor or subcontractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 5129784.1
Agenda Packet Page 132 of 475

AGENDA BILL
Agenda Item No. 5.I.

Date: July 19, 2022
To: El Cerrito City Council
From: Paul Keith, Chief of Police, El Cerrito Police Department Subject: Resolution Approving an Updated Agreement with the County of Contra Costa for the Provision of Animal Control Services

ACTION PROPOSED
Approve a resolution authorizing the City Manager to execute an updated agreement with the County of Contra Costa for the provision of animal control services for an initial two (2) year term, with automatic renewal for successive three (3) year periods.

BACKGROUND
The California Food and Agricultural Code contains regulations regarding domestic animal safety and welfare. Contra Costa County has adopted local standards based on State requirements and the City of El Cerrito has adopted the County’s standards by reference.

Contra Costa Animal Services has provided animal control services in El Cerrito through an agreement between the City and County. The current agreement, executed in 2006, is attached. Animal Services performs animal control on behalf of all cities in Contra Costa County except Antioch, which has its own program. If the City enters into the attached agreement, in fiscal year (FY) 2022-23, the City will pay Animal Services $7.97 per capita, or $198,023, for its services.

Over the course of the past few years, Animal Services has been undergoing a strategic planning process to identify a new service model through which it can meet its legal requirements and achieve financial sustainability. Animal Services is proposing a new service agreement between itself and all of the cities for which it performs services. The new agreement more clearly defines the services that Animal Services will provide and increases per capita fees to achieve a balanced budget.

ANALYSIS
Animal Services has conducted extensive analysis of its current services and fee levels and determined that its current fee levels are not adequate to financially sustain its services to cities. The new, higher fees that Animal Services is proposing in its new agreement are based on analysis of what is required to meet the specific proposed service levels. The City shares Animal Services’ interest in having a program that is financially sustainable, as it is less likely to lead to unexpected service changes in the future.

In FY 2021-22, the City paid Animal Services $169,430.88. Animal Services is proposing that the City pay $7.97 per capita in FY 2022-23, or $198,023, and $9.11 per Agenda Packet Page 133 of 475
Agenda Item No. 5.I.
capita in FY 2023-24, or approximately $226,347, depending on the number of residents. The term of the proposed new agreement is two years, with automatic renewals for three-year periods unless the agreement is terminated.

In subsequent years, the agreement provides a formula for calculating fees. The formula dictates that city rates will be calculated by:
 Determining the budgeted cost to provide animal services throughout the county for the fiscal year
 Subtracting the anticipated revenue from user fees and licensing.  Subtracting the general fund contribution from the County of Contra Costa.  Dividing the remainder by the number of residents in unincorporated Contra Costa County combined with the number of residents in contract cities.  Multiplying the final number by the number of residents in each contract city.

The new agreement proposed by Animal Services includes services that are mandated by the State of California. The current agreement requires a 90-day notice of termination. The County of Contra Costa has not served the City of El Cerrito with a notice of termination.

STRATEGIC PLAN CONSIDERATIONS
This proposed agreement helps insure that the residents of El Cerrito continue to receive basic animal control services, ensuring the public's health and safety.

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

FINANCIAL CONSIDERATIONS
In FY 2022-23, the first year of the Agreement, the cost to the City for animal control services is $198,023. The funding to cover the FY 2022-23 costs was included in the FY 2022-23 Adopted Budget in the Police Administration, Administrative Services expenditure budget line.

Subsequent years of the Agreement include per capita increases per the formula described above. In FY 2023-24, the proposed change is an increase from $7.97 per capita to $9.11 per capita, or an estimated fiscal year cost increase to $226,347 and will be included in the Department's FY 2023-24 Proposed Budget.

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

Agenda Packet Page 134 of 475
Agenda Item No. 5.I.

Reviewed by:

Alexandra Orologas, Assistant City Manager
Attachments:

1. Resolution

2. New Proposed Agreement

3. City Agreement Summary Sheet - El Cerrito

4. El Cerrito City Services

5. Existing Animal Services Agreement
Agenda Packet Page 135 of 475
Agenda Item No. 5.I.

Attachment 1
RESOLUTION NO. 2022-XX

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

CITY MANAGER OR HER DESIGNEE TO ENTER INTO AN AGREEMENT WITH THE

COUNTY OF CONTRA COSTA FOR THE PROVISION OF ANIMAL CONTROL SERVICES, COMMENCING JULY 1, 2022.

WHEREAS, the County of Contra Costa Animal Services Department (“Animal Services”) currently provides animal control services in El Cerrito through an agreement between the City and County; and
WHEREAS, Animal Services is proposing a new service agreement between itself and all of the cities for which it performs services; and
WHEREAS, Animal Services has expressed the need for more funding to continue to provide the same level of service; and
WHEREAS, the cost to the City is projected to be $198,023 in Fiscal Year 2022/23 and $226,347 in Fiscal Year 2023/24.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that it hereby authorizes the City Manager or her designee to enter into an agreement with the County of Contra Costa for the provision of animal control services for an initial two (2) year term, with automatic renewal for successive three (3) year periods.

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

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on July 19, 2022.
________________________
Holly Charléty, City Clerk
APPROVED:
________________________
Gabe Quinto, Mayor
Agenda Packet Page 136 of 475
1 CITY-COUNTY ANIMAL SERVICES AGREEMENT
The County of Contra Costa, a political subdivision of the State of California ("County"), and the City of El Cerrito, a municipal corporation in the County ("City"), enter into this City-County Animal Services Agreement (“Agreement”) effective as of July 1, 2022 (“Effective Date”).

1. Authority. The City has adopted by reference Division 416 of the Contra Costa County Ordinance Code (hereafter "Division 416") governing animals.

Division 416 establishes requirements and procedures for animal control by the County’s Animal Services Department. This Agreement is entered into to memorialize the County’s provision of Animal Services and enforcement of Division 416 within the City as provided in Section 416-4.208, and as authorized by California Government Code section 51301.

2. Enforcement Duties and Personnel. The County will enforce Division 416 within the City’s boundaries. The City hereby designates and appoints the County's Animal Services Director and his or her staff as public officers of the City for the purposes of this Agreement and enforcing and carrying out its provisions.

3. Scope of Services.
a. In addition to enforcing Division 416, the County will provide to the City the Field Services, Shelter Services, and Deceased Animal Services described in this Agreement (collectively, “Animal Services”) in the manner provided for in this Agreement. During periods of emergency (such as fire, earthquake, flooding, pandemic), it might not be possible to provide the Animal Services to the same extent and within the same time frames as during non-emergency times.
b. Calls made to the County for services that are not provided by the County pursuant to this Agreement will be referred back to the City in which the call was requested. In such a case, the City is responsible for determining the next appropriate action.
c. The County will provide Animal Services within the City’s boundaries in accordance with all applicable federal, state, and local laws, including the Ordinance Code.

4. Definitions.
a. “Critically Sick or Injured Animals” means those animals that have lifethreatening conditions. b. “Emergency Calls” means complaints of animal bites, potential rabies exposure, or attacks on humans or domestic animals that are in progress, or, when a bite or attack has occurred, where the animal remains an immediate threat to humans.
c. “Livestock” means a large domesticated agricultural animal, such as a Agenda Item No. 5.I.

Attachment 2
Agenda Packet Page 137 of 475
2 cow, bull, steer, horse, sheep, or other large agricultural animal. d. “Regular Field Services hours” means between 8:00 am and 9:00 pm each day of the week, including Saturdays and Sundays.

5. Field Services. The County will provide the following services (collectively, “Field Services”) within the City upon a request from a City resident or person within the boundaries of the City.
a. Pick up and attempt to return to their owners domesticated animals that are found “at large,” to the extent possible without impoundment by relying on the animal’s identification, including dogs, trapped, injured, or sick cats, and other small, domesticated animals, including rabbits, chickens, turkey, geese, and ducks, but excluding wildlife, such as deer, mountain lions, opossums, wild turkeys, raccoons, skunks or squirrels unless a rabies exposure has occurred.
b. Investigate complaints of animal bites, rabies exposure and attacks to humans or domestic animals, including documenting the incident, interviewing witnesses, quarantining animals, preparing and transporting animals for rabies testing, and investigating any alleged violations of a quarantine order.
c. Enforce provisions governing potentially dangerous and dangerous animals, including but not limited to investigating complaints, designating animals, impounding animals, conducting hearings, and issuing permits for animals designated dangerous or potentially dangerous. d. Enforce provisions governing barking dogs and other noisy animals, including but not limited to conducting hearings.
e. Respond during regular business hours to police or fire department calls for assistance regarding animal-related issues. The County may provide after-hours warrant support to the City with advance notice, if County Animal Services personnel are available and willing to volunteer for the assignment, and provided the City pays additional fees sufficient to cover the County’s actual costs.
f. Investigate, cite, impound, and seek resolution of complaints regarding potential mistreatment of domestic animals by their owners.

6. Response Times for Field Services.
a. The County will attempt to respond to requests for Field Services during the hours and within the times specified in this section. The County shall maintain records of its response times to calls for Field Services. i. Priority 1 calls are Emergency Calls, which are calls for assistance from police or fire personnel and calls regarding rabies exposure, dangerous animals, and Critically Sick or Injured Animals.

1. The County will respond to Priority 1, 2, and 3 calls between 8:00 AM and 9:00 PM, seven (7) days per week, including Agenda Packet Page 138 of 475
3 holidays.

2. For ninety-five percent (95%) of responses to Priority 1 calls, County personnel will attempt to arrive on the scene within two (2) hours from the time when the call for service is received by County staff.
ii. Priority 2 calls are calls to pick up animals that were at large but have since been confined at a location within the County, and calls regarding urgent, animal-related requests for assistance not involving Critically Sick or Injured Animals.

1. The County will respond to Priority 2 calls during regular Field Services hours.

2. For eighty percent (80%) of responses to Priority 2 calls received during regular Field Services hours, County personnel will attempt to arrive on the scene within 12 hours from the time the call for service is received by County staff.

3. The County will respond to Priority 2 calls received outside of regular Field Services hours no later than 7:00 pm on the next day.

4. The County may respond to Priority 2 calls by taking a report by phone or by contacting parties and witnesses at the scene. iii. Priority 3 calls are all other calls, such as calls regarding animals at large, animals causing a nuisance, and dead animals.

1. The County will respond to Priority 3 calls during regular Field Services hours.

2. For sixty-five percent (65%) of responses to Priority 3 calls received during regular Field Services hours, County personnel will attempt to arrive on the scene within 24 hours from the time the call for service is received by County staff.

3. The County will respond to calls received outside of regular Field Services hours on the next day.

4. The County will respond to Priority 3 calls only after the County has responded to all then-outstanding Priority 1 and Priority 2 calls.

5. The County may respond to Priority 3 calls by taking a report by phone or by contacting parties and witnesses at the scene.

7. Shelter Services.
a. The County will provide the following services to City residents (“Shelter Services”):
i. Impound and shelter lost or stray dogs, injured/sick, lost or endangered community cats, and other small, domesticated Agenda Packet Page 139 of 475
4 animals that are brought to the shelter by County staff, residents of the County or cities that have contracts with the County for the provision of Animal Services. A community cat is considered endangered if it is in imminent risk of being killed, poisoned, or injured but not if, due to being at large, it is at risk of starvation, being attacked by another animal, or hit by an automobile. Orphaned kittens that cannot survive without human intervention are also considered endangered.
ii. Impound and quarantine biting animals.
iii. Provide rabies testing of animals suspected of infection. iv. Provide for reclamation of abandoned, lost or stray domestic animals.
v. Provide onsite services to the public at the County’s Martinez shelter for the following: search for lost animals, reclaim animals, adopt animals, answer inquiries regarding animals, accept complaints regarding animals, provide vaccines and spay/neuter services for a small fee, conduct humane education programs, and license animals onsite or online.
vi. Provide care for sheltered animals based on the California Veterinary Board Guidelines for Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians. vii. Provide services as required by the California Penal Code Section 597.1 and other laws governing shelters for animal care, treatment, holding periods, placements, and dispositions.
b. Medical Services. As part of the Shelter Services, the County will provide the following medical services (“Medical Services”):
i. The County will provide veterinarian services twenty-four (24) hours per day through partnerships with emergency vets to treat injured or sick impounded animals.
ii. If an animal’s condition requires immediate treatment outside of the County shelter’s regular business hours or when no veterinarian is on staff at the County’s shelter, then County Animal Services Department officers or Good Samaritans may take the animal to any emergency veterinarian clinic/hospital that is under contract with the County to provide emergency veterinary services (as posted on the County shelter’s doors and on the County’s Animal Services Department’s website).
iii. The County will monitor animals on a rabies virus quarantine. iv. The County will conduct a minimum of one vaccine clinic per month and maintain a spay and neuter clinic in Martinez, which for a fee paid by the animal’s owner will provide vaccine and spay/neuter services for County residents’ dogs and cats. The fee will be Agenda Packet Page 140 of 475
5 approved by the County Board of Supervisors and published on the County Animal Services Department fee schedule.
v. Provide rabies control information free of charge to the public. vi. The County will provide emergency veterinary services in accordance with Section 597(f) of the California Penal Code. c. Shelter Services Hours
i. The Martinez shelter will be open to the public for a minimum of 30 hours per week, 5 days per week, 6 hours per day, including one weekend day each week except during weeks that are shortened by a County holiday.
ii. The Martinez Shelter will be closed on designated County holidays and one day per year dedicated to in-house staff training.

8. Deceased Animal Services. The County will provide the following services within the City in response to calls regarding deceased animals during regular Field Services hours:
a. Pick up deceased domestic animals, wildlife, and livestock from public property.
b. With property owners’ consent, pick up deceased domestic or wild animals from private property for a fee based on the Department’s fee schedule paid directly to the County Animal Services Department by the property owner or reporting party.
c. Identify and notify the owner of deceased animals, whenever possible. d. Dispose of the body of any deceased animal picked up by the County.

9. Excluded Services. The County will not provide the following services to the City under this Agreement:
a. Respond to requests for removal of live or deceased marine animals and disposal of deceased marine animals.
b. Pick up and transport wildlife, including baby birds. c. Pick up live animals for surrender. The County may, at its discretion, accept live animals belonging to County residents for surrender at the Martinez shelter and charge a fee to the animal owner or property owner as part of its regular operations.
d. Respond to pest control issues (i.e., infestations, perceived or real, of squirrels, rats, mice, insects, gophers, wasps, bees, spiders, or other pests).
e. Respond to calls regarding live, sick and injured racoons, opossum, deer, mountain lions, coyotes, wild turkeys, wild pigs, peacocks, or other wildlife unless a rabies exposure has occurred. The County will refer calls regarding live wildlife to the California Department of Fish and Wildlife.

Agenda Packet Page 141 of 475
6 10. Policies and Procedures. All policies and procedures shall be developed with the goal of ensuring animal welfare, enhancing cost efficiency and quality of services provided to the contracted cities and unincorporated areas of Contra Costa County. They will be developed to reflect best practices in the industry for animal control and shelter animal care using the Guidelines for Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians, ASPCA, the Humane Society of the United States, National Animal Control Association (NACA) and/or other currently accepted best practices for animal control and animal sheltering.

11. Performance and Activity Reports. The County will deliver to the City within 14 days of the end of each quarter, an Animal Control and Results Report summarizing Animal Services provided by the County to the City during the previous quarter and including year-to-date data. This report will include the following information:
a. The total number of calls for service received by the County under this Agreement, identified by type of service and Priority level. b. A response time report identifying response times by Priority level. c. The outcomes for animals impounded, identified by City/County jurisdiction.
d. The number of calls for service received from City residents or persons within the City’s boundaries.
e. A listing of dogs registered to City residents identified as potentially dangerous or dangerous (PDA/DA) that have a valid County-issued PDA/DA permit.

12. Fees and Fines. Pursuant to Food and Agricultural Code Section 30652, all fees and fines collected by the County for providing Animal Services to the City shall be deposited into the County Treasury and shall be used to meet the County’s cost of providing Animal Services to the City.

13. Annual Fee.
a. In consideration for Services provided by the County to the City, and in addition to any fees and fines imposed on City residents, the City agrees to pay to the County the following amounts (“Annual Fee”):
i. For fiscal year 2022-2023, $7.97 for each person residing within the City limits as of January 2022. For example, if the City’s population is 50,000, the Annual Fee is $398,500.
ii. For fiscal year 2023-2024, $9.11 for each person residing within the City limits as of January 2023. For example, if the City’s population is 50,000, the Annual Fee is $455,500.
iii. For each fiscal year thereafter, the per capita rate for the Annual Fee shall be calculated using the following formula: (A) The County’s budgeted cost to provide Animal Services throughout the Agenda Packet Page 142 of 475
7 County in that fiscal year, minus the sum of animal licensing fees and user fees projected to be received from all County residents in that fiscal year, minus the budgeted County general fund contribution for that fiscal year, divided by (B) the sum of the population of the unincorporated area plus the population of all cities for which the County provides Animal Services. For example, if the budgeted cost to provide Animal Services throughout the County is $12,640,000, the animal licensing and user fees projected to be received are $1,620,00, the budgeted general fund contribution is $4,112,000, and the population is 866,583, then the per capita Annual Fee would be $7.97
[($12,640,000 - $1,620,000 - $4,112,000) / 866,583]. For a City with a population of 100,000, the total Annual Fee would be $797,000.
b. The City shall pay the Annual Fee to the County in four equal quarterly installments. Each installment shall be due on the first day of each fiscal quarter (i.e., July 1, October 1, January 1, and April 1). The City shall make the payment to the County Treasurer-Tax Collector, 625 Court Street, Martinez, CA 94553.
c. The City shall pay the Annual Fee to the County regardless of the amount of any fees and fines collected by the County pursuant to Division 416.
d. Each year, the County will prepare a reconciliation report of actual costs incurred by the County to provide Animal Services during the immediately preceding year to ensure the Annual Fee paid by the City covers only actual costs incurred to provide Animal Services. The reconciliation report will be completed and sent to the City in the month of August for each fiscal year. Any cost savings for that fiscal year will be applied to the following fiscal year.
e. For purposes of calculating the Annual Fee, the County shall rely on the population figures reported by the California State Department of Finance E1 Population Estimates report as of January of each year. f. The County shall notify the City of the amount of the Annual Fee for the next fiscal year by March 1st of each year.

14. Term; Termination.
a. The term of this Agreement begins on the Effective Date and continues for two (2) years. This Agreement shall automatically renew for successive three-year periods until either party terminates this Agreement by giving the other party 90 days advance written notice of termination.
b. This Agreement shall automatically terminate if the County repeals Division 416 or if the City repeals its resolution incorporating and applying Division 416 within the City.

Agenda Packet Page 143 of 475
8 c. The County may terminate this Agreement if the City fails to pay the Annual Fee by its due date by giving the City 30-days advance written notice.
d. The County agrees to meet jointly with all contracting city agencies annually during Quarter 2 of each fiscal year (i.e., October) to discuss potential revisions or updates through the Public Managers Association.

15. Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes any prior agreement between the parties, with respect to the subject matter hereof. Any amendment to this Agreement must be in writing and approved by the Contra Costa County Board of Supervisors.

16. Governing law; Venue. This Agreement shall be governed by the laws of the State of California. Any dispute arising out of or related to this Agreement shall be brought in Contra Costa County Superior Court.

17. Notices. Any notice to be given to either of the parties in connection with this Agreement shall be sent by U.S. mail to the following address:

If to County:

Director, Animal Services
4800 Imhoff Place
Martinez, California 94553-4300
If to City:
__________________________
__________________________
__________________________
__________________________
The parties are signing this Agreement as of the Effective Date set forth above.

COUNTY CITY
By: Beth Ward By:

Title: Animal Services Director Title:

Date: Date:

Agenda Packet Page 144 of 475
Contra Costa Animal Services Agreement Fact Sheet
Summary
Contra Costa Animal Services (CCAS) is proud to present for your consideration an updated services agreement to provide animal services for the City of El Cerrito. The updated agreement and fee structure are the result of numerous meetings and touch points with city officials (predominantly City Managers and Police Chiefs) from each of our contract cities over the last few years. The agreement reflects the feedback that was provided to us through that process by the City Managers and Police Chiefs during individual meetings, regional meetings that included the County Supervisor that represents El Cerrito, as well as multiple presentations and listening sessions at the Public Managers Association and Police Chiefs Association. The updated agreement and fee structure clearly describes the services CCAS will provide to El Cerrito and defines a funding structure to ensure the Department is able to cover the costs of providing those services.

Services Defined
The current agreement, which has been in place since 2006, is approximately one page in length and provides little detail with regards to what specific services will be provided. The updated agreement provides much greater detail regarding service levels, including:
• Detailing specific services provided under the agreement for all areas of operation, • Creating accountability by listing target response times for each activity type, • Defining what is covered under deceased animal services, • Describing which services are not included under the agreement, and • Codifying performance reporting within the agreement.

Cost
The updated agreement includes a defined fee structure for FY 22/23 and FY 23/24, which converts to a formula-based fee structure that will commence in FY 24/25. The fee structure is as follows:
• For fiscal year 2022-2023, $7.97 for each person residing within the City limits as of January 2022.

For example, El Cerrito’s population is 24,846. Therefore, El Cerrito’s Annual Fee for FY 22/23 is $198,023. For fiscal year 2023-2024, $9.11 for each person residing within the City limits as of January 2023. For example, if El Cerrito’s population remained the same (24,846), the Annual Fee will be $226,347.
• For each fiscal year thereafter, the per capita rate for the Annual Fee shall be calculated using the following formula: (A) The County’s budgeted cost to provide Animal Services throughout the County in that fiscal year, minus the sum of animal licensing fees and user fees projected to be received from all County residents in that fiscal year, minus the budgeted County general fund contribution for that fiscal year, divided by (B) the sum of the population of the unincorporated area plus the population of all cities for which the County provides Animal Services. • Each year, the County will prepare a reconciliation report of actual costs incurred by the County to provide Animal Services during the preceding year.

Agenda Item No. 5.I.

Attachment 3
Agenda Packet Page 145 of 475
Contra Costa Animal Services (CCAS) - Serving Our Community!

AGENCY SNAPSHOT
Martinez Shelter
A 38,000 sq. ft. facility to provide public
services and house animals while they
are in our care
Law Enforcement Unit
Field Service Officers that enforce state laws and
local ordinances, investigate animal bites, attacks
and crimes, and serve as our “boots on the
ground” in your city
Animal Care Unit
A medical and husbandry team to
provide basic daily care to the animals
as well as any necessary medical care
Veterinary Team
A veterinary team to support our
low-cost spay/neuter and vaccination
clinics
Administrative Unit
An administrative team that manages our call
center, dispatch services, administrative hearing
processes, and assists the public in person, online,
and by phone
Volunteer Unit
A core of more than 150 committed
volunteers that perform vital tasks in and
out of the shelter, including animal enrichment, adoptions and lost/found support Agenda Item No. 5.I.

Attachment 4
Agenda Packet Page 146 of 475
Public Safety Services
• Stray & Aggressive Animal Patrols (inc. Livestock)
• Animal Bite Investigations
• Quarantine of Dangerous Animals & Potential
Rabies Suspects
• Animal Cruelty Investigations
• Impoundment & Sheltering of Stray/Sick/Injured Pets
• Pet Licensing & Enforcement
• Animal Noise Enforcement
• Deceased Animal Retrieval
• Enforcement of County Dangerous Animal Laws
• Enforcement of State & Local Animal Welfare Laws
• Assisting Local Agencies (Police, Fire, etc.)
with Activity Calls
• 24/7 Dispatch Services
For more information about our services, visit ccasd.org Community Services
• Shelter & Medical Support for Lost/Sick/Injured Pets
• Pet Adoptions (Martinez Shelter)
• Lost Pet Support & Return To Owner (RTO) Services
• Shelter & Care for Animals Displaced by Disaster
• Humane Education Programs
• Public Low-Cost Spay/Neuter Clinic
• Public Low-Cost Vaccination Clinic
• Community Clinics & Adoption Events
• Community Cat Trap-Neuter-Release (TNR) Program
• Customer Service Support
• Volunteer Program

COST FOR COMPASSION IN ACTION
ANIMAL

SERVICES
ANIMAL

SERVICES

CONTRA COSTA COUNTY
4800 Imhoff Place
Martinez CA
Ph: 925-608-8400
www.ccasd.org
Just One Click Away!
Many of our services can be accessed via our website:
• View pets available for adoption
• Report lost or found pets
• Purchase a license for your pet
• Schedule a spay/neuter appointment
• Schedule a vaccination appointment
• Sign up to become a volunteer or foster
• Donate to the Animal Benefit Fund
• File an animal noise complaint
• Report deceased animals
All this and more at ccasd.org
See Our Animals
CCAS Serving El Cerrito
Contra Costa Animal
Services partners
with the City of El
Cerrito to provide
animal services.

The annual cost is
established by a per
capita rate the City
pays based on
current population.

The cost for Animal
Services in El
Cerrito for Fiscal
Year 2021/2022 is
$6.79 per capita.

Agenda Packet Page 147 of 475
Agenda Item No. 5.I.

Attachment 5
Agenda Packet Page 148 of 475
Agenda Packet Page 149 of 475

AGENDA BILL
Agenda Item No. 5.J.

Date: July 19, 2022
To: El Cerrito City Council
From: Alexandra Orologas, Assistant City Manager, City Management Subject: Consulting Services Agreement with Renne Public Policy Group for Grant Writing Services

ACTION PROPOSED
Adopt a resolution authorizing the City Manager to execute a consulting services agreement with Renne Public Policy Group in the amount of $60,000 for grant writing services.

BACKGROUND/ANALYSIS
Since the City's restructuring efforts beginning in fiscal year (FY) 2019-20, capacity within the organization to focus on identifying, researching, writing and managing grants has been increasingly limited. Staff is interested in increasing internal capacity to actively advance and maximize grant opportunities to address appropriate service delivery needs and necessary capital infrastructure improvements, which the City would otherwise be required to utilize out of existing budgetary resources. Utilizing an outside consultant that has the specific background and expertise in public sector grantwriting will place the City at a competitive advantage, not only providing the capacity to apply for grants, but also the strategy to ensure success and appropriate project management thereafter.

After conducting an informal process, staff is recommending a one-year contract for $54,000 ($4,500 per month) for all-inclusive full grant writing and project management services with Renne Public Policy Group (RPPG) (Exhibit A to the Resolution). There will be no limit on the number of grant submissions during the contract period. An additional $6,000 has been set aside in the event additional reimbursable expenses are needed during the contract period. The scope of work will include researching City funding needs through in depth meetings with City leadership, researching existing and upcoming grant opportunities, analyzing, applying for grants, as well as subsequent project management.

RPPG's grant writing practice is led by Jake Whitaker, Manager of Grant Writing and Research. Mr. Whitaker is a certificated grant writer with over $30 million in funding secured. He holds experience in preparing proposals for public works, transportation, public safety, environmental services, parks and recreation, technology, housing and economic development projects and programs. While RPPG has city clients throughout the State of California for this body of work, RPPG's currently active clients for grant writing services in Northern California include the Cities of Atherton, Belmont, Brisbane, Foster City, Greenfield, Mountain View, Rio Vista, Santa Rosa and Redwood City. Mr.

Whitaker will serve as the Project Manager and the City's point of contact. In the work Agenda Packet Page 150 of 475
Agenda Item No. 5.J.
summarized above, Mr. Whitaker will also work closely with RPPG's legislative staff to proactively track emerging funding opportunities in the state budget and budget trailer bills.

STRATEGIC PLAN CONSIDERATIONS
Adopting the Resolution to execute a consulting services agreement for grant writing services fulfills Goal A, "Deliver Exemplary Government Services," Goal B, "Achieve long-term financial sustainability," Goal D, "Develop and rehabilitate public facilities as community focal points," Goal E, "Ensure the public’s health and safety," and Goal F, "Foster environmental sustainability citywide."

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

FINANCIAL CONSIDERATIONS
The cost associated with the consulting services agreement for grant writing service, in an amount not to exceed $60,000.00, is included in the FY 2022-23 Adopted Budget.

No additional expenditure appropriation is requested.

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

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution

2. Draft Agreement
Agenda Packet Page 151 of 475
RESOLUTION 2022-XX

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

THE CITY MANAGER TO EXECUTE A CONSULTING SERVICES AGREEMENT WITH RENNE PUBLIC POLICY GROUP IN THE AMOUNT OF $60,000 FOR GRANT

WRITING SERVICES
WHEREAS, the City of El Cerrito seeks to secure a consultant with the skills, knowledge and experience to perform grant writing services on behalf of the City; and WHEREAS, staff capacity within the organization to focus on identifying, researching, writing and managing grants has been increasingly limited; and WHEREAS, the goal of obtaining grant writing services is to increase internal capacity to actively advance and maximize grant opportunities to address appropriate service delivery needs and necessary capital infrastructure improvements; and WHEREAS, staff conducted an informal process and is recommending a one-year contract with Renne Public Policy Group for all-inclusive full grant writing and project management services; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that it hereby Authorizes the City Manager to execute a consulting services agreement with Renne Public Policy Group in the amount of $60,000 for grant writing services.

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

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF EL CERRITO
AND

RENNE PUBLIC POLICY GROUP
THIS AGREEMENT for consulting services is made by and between the City Of El Cerrito (“City”) and Renne Public Policy Group (“Consultant”) (together sometimes referred to as the “Parties”) as of August 1, 2022 (the “Effective Date”).

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

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

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

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

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

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $60,000, notwithstanding any contrary indications that may be contained in Consultant’s Agenda Packet Page 153 of 475
Consulting Services Agreement between August 1, 2022
City of El Cerrito and Renne Public Policy Group Page 2 of 15

proposal, for services to be performed and reimbursable costs incurred under this Agreement.

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

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

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
 Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
 The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
 At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;  The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
 The Consultant’s signature;
 Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12- month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of Agenda Packet Page 154 of 475
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time necessary to complete work under any other agreement between Consultant and City, if applicable.

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

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

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

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

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

2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit A, and shall not exceed $6,000. Expenses not listed are not chargeable to City.

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

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

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

Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.

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

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

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

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City.

Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the Agenda Packet Page 156 of 475
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provisions of the California Labor Code. Determination of whether a selfinsurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance.

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

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

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; Agenda Packet Page 157 of 475
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or automobiles owned, leased, hired, or borrowed by the Consultant
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance 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 Consultant’s insurance and shall not contribute with it. d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.

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

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4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy

4.4 All Policies Requirements.

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

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

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

4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

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

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

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4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

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

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

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

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

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Section 6. STATUS OF CONSULTANT.

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

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

Section 7. LEGAL REQUIREMENTS.

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

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

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

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

7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally Agenda Packet Page 161 of 475
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required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

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

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

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

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

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

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

Consultant understands and agrees that, if City grants such an extension, City Agenda Packet Page 162 of 475
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shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

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

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

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

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

8.6.1 Immediately terminate the Agreement;

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

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

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

Section 9. KEEPING AND STATUS OF RECORDS.

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9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

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

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

Section 10 MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

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exclusively in the state courts of California in the County of Contra Costa or in the United States District Court for the Northern District of California.

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

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

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

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

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

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

Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if Agenda Packet Page 165 of 475
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applicable, will be disqualified from holding public office in the State of California.

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

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

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

Renne Public Policy Group
Attn: Jake Whitaker, Manager of Grant Services
1127 11th Street
Sacramento, CA 95814
Any written notice to City shall be sent to:

City of El Cerrito
Attn: Alexandra Orologas, Assistant City Manager
10890 San Pablo Ave.

El Cerrito, CA 94530

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

Exhibit A Scope of Services
Exhibit B Payment Schedule

10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
[SIGNATURES ON FOLLOWING PAGE]
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CITY OF EL CERRITO CONSULTANT
____________________________ ______________________________ Karen Pinkos, City Manager Jake Whitaker, Manager of Grant Services Renne Public Policy Group, DBA RPLG
Attest:
____________________________ Approved as to Form:

Holly Charléty, City Clerk
Approved as to Form: ____________________________
Jonathan Holtzman,
Managing Partner, RPLG
____________________________
Sky Woodruff, City Attorney
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EXHIBIT A

SCOPE OF SERVICES
The services to be performed by the Consultant shall consist of providing all-inclusive expert grant writing and project management services on retainer, from start to finish of the proposal development process.

This includes the following, but not limited to the following:

Project Management: Preparation of funding abstracts, project narratives, and required forms and attachments. The grant writer will convene a “kickoff” meeting for each project and will outline expectations for all staff involved in preparing the application, including a projected time commitment for each City staff member. Renne Public Policy Group (RPPG) will develop a strategic work plan for the development of a proposal, take the lead in scheduling meetings, and work to obtain relevant information from stakeholders.

Funding Opportunity Research: RPPG conducts continuous and comprehensive research, keeping clients informed of upcoming grant opportunities. The City of El Cerrito will receive a monthly “Funding Opportunities Catalog” documenting current and cyclical grant programs from federal agencies, state agencies, and private foundations. Targeted research is available on an “on-call” basis.

Monitoring the State Budget: RPPG’s grant writer works directly with legislative advocates who provide updates and analysis on the state budget and trailer bills, allowing the grant writer to effectively identify funding opportunities ahead of the official postings by government agencies.

Strategic Planning: RPPG works directly with organizational leadership teams to identify funding and service gaps to inform grant-seeking activities. RPPG schedules annual “deep dive” meetings with clients to focus on key priorities for the upcoming year and then uses those priorities to develop a “Funding Opportunities Assessment” to guide the organization’s grantseeking activities.

Collaborative Approach: RPPG utilizes a collaborative grant writing process to put together highly competitive proposals. Skilled consultants understand that leveraging the subject matter expertise of our clients is critical to success. RPPG uses cloud-based document sharing services to enable real-time feedback from clients throughout the proposal development process.

Quality Control: Prior to submitting a grant application, RPPG’s grant writer will review the contents of each form, check for typographical or grammatical errors, and ensure that all required components for a complete proposal are included in the application package.

Consistent Communication: RPPG schedules monthly “Grant Activity Calls” to keep clients informed of upcoming funding opportunities and progress on grant-seeking activities. These updates also come in the form of monthly written reports distributed to the organization’s Agenda Packet Page 168 of 475
leadership team. RPPG’s grant writer will be available upon request for meetings with staff related to assigned projects.

All services will be performed remotely, unless in-person attendance and travel are explicitly requested by the City on a case-by-case basis.

Identifying Funding Needs
RPPG schedules annual “deep dive” meetings with clients to focus in on key priorities for the upcoming year. At the start of the first year of grant writing services, the consultant will set up a meeting with the department’s leadership team to identify key funding priorities, service gaps, and critical capital improvement projects. This process includes determining essential projects, infrastructure needs, and initiatives that may be supported with grant funding opportunities.

The City of El Cerrito’s staff are, after all, the experts on the City’s service gaps and infrastructure needs. RPPG’s method focuses on combining that local expertise with experienced consultants to produce compelling results.

Once these funding priorities are established, a “Grant Funding Priorities and Multi-Year Strategy” document will be prepared by the consultant to share with the City’s staff and leadership. This document will include a summary of the priorities identified in the deep dive meeting and any subsequent meetings, an initial assessment of existing funding programs that match these needs, and a strategy outline to pursue funding opportunities over a span of multiple years. After the City’s team has time to review the document, a follow-up meeting will be scheduled for further discussion and subsequent revisions will be made if necessary.

Identifying Grant Opportunities
RPPG maintains a running catalog of grant and financing opportunities, aiming to provide clients with a comprehensive look at what funding is available and the anticipated funding cycles for each program. Continuous and comprehensive research is a cornerstone of RPPG’s approach. RPPG’s Manager of Grant Writing and Research routinely checks major repositories for funding opportunities (such as the California Grants Portal and GRANTS.GOV), as well as the grant opportunity pages of individual agencies and departments. Augmenting those efforts, RPPG’s consultants stay updated on new developments in the state’s budgeting process to anticipate future programs and identify allocations made to existing grant programs for each new fiscal year. In doing so, we aim to be proactive rather than reactive.

The consultant will schedule a recurring monthly grant activity call via Zoom teleconferencing to discuss emerging priorities and upcoming funding opportunities with the City’s leadership team. Between those monthly calls, relevant City staff will be notified via email of new funding opportunities. The consultant will compile a synopsis for each potential funding opportunity that details the basic information of the grant: Agency, Funding Amount, Funding Uses, Eligible Applicants, Performance Period, Deadline/Anticipated Funding Cycle, and a brief description containing basic information about the funding opportunity and any significant elements of the guidelines that may impact a decision on whether to proceed with an application.

Agenda Packet Page 169 of 475
In the development of each proposal, the City’s support will include, but is not limited to the following:
• Designate staff with relevant subject-matter expertise to support proposal development from start-to-completion of the process.
• Attend the project kickoff meeting and regular check-in meetings throughout the proposal development process.
• Develop the proposal budget using figures that reflect the City’s anticipated expenditures to implement the proposed project.
• Provide the grant writer with “talking points” to support drafting of the project proposal.
• Respond to requests for local data and information made by the grant writer. • Network with other governmental agencies and/or community organizations to secure letters of support (when applicable).
• Review and edit draft proposal narrative sections.
• Provide resources to support the development of Preliminary Engineering Reports, Site Plans, and other documentation necessary to support a grant proposal that requires specialized expertise.
• Staff deliverables will be clearly defined at the initial project kickoff meeting based on the requirements of each specific grant development project.

Implementation Plan
1 Provide Grant Writing, Research, and Project Management services to the City of El Cerrito.

Continuous
2 Notification of funding opportunities relevant to the City’s priorities and needs.

Continuous
3 Schedule “Deep Dive” meetings with department heads to assess funding gaps and service needs. Notes will be compiled and shared with the City’s designated point(s) of contact for this contract. This information gathering phase will also include collecting data from staff to analyze past performance on grant opportunities. 3 – 4 weeks
4 Develop Grant Funding Priorities and Grant-Seeking Strategy. 2 – 3 weeks, upon completion of Activity #4
5 Schedule follow-up meeting with designated City staff to review the Analysis of Past Grant Performance and the Grant Funding Priorities and Multi-Year Strategy documents.

Upon completion of Activity #5
Agenda Packet Page 170 of 475
6 Send monthly Grant Activities Report to the City’s designated point(s) of contact.

The first week of each month
7 Attending monthly meetings with the City’s designated point(s) of contact to track progress on grant-seeking activities and review upcoming opportunities.
1 hour, recurring monthly
8 Schedule and provide capacity building training sessions for City staff (up to three times per session per year).

Continuously throughout the year,
upon request
9 Send Annual Report to the City’s designated point(s) of contact. Annually, in December of each contract year
Agenda Packet Page 171 of 475

EXHIBIT B

COMPENSATION SCHEDULE
Cost: Not to exceed $60,000, as outlined in Section 2.0 of this contract. This includes $54,000 as all-inclusive full grant writing services ($4,500 per month), plus an additional $6,000 if additional work is requested that falls outside of the parameters of a specific, assigned grant writing project will be charged at an hourly rate of $175, billed in increments of 6 minutes, with a City-approved hourly cap per activity. Examples of work that would be billed at an hourly rate include: monthly grant activity update meetings, on-call research, and other meetings with staff not directly related to an assigned project.

If, for whatever reason, a grant writing project is formally assigned to RPPG and the City decides at a later point not to pursue the grant, an assessment of the total of time committed to the discontinued project will be compiled and submitted to the City for payment at the hourly rate.

Upon request, RPPG will provide Grant Literacy, Grant Writing, and Grant Management trainings for City staff at a rate of $1,250 per session.

If in-person attendance at meetings or events is requested by the City of El Cerrito, the City will be expected to cover the cost of travel in accordance with the City’s travel policy.

Agenda Packet Page 172 of 475

AGENDA BILL
Agenda Item No. 5.K.

Date: July 19, 2022
To: El Cerrito City Council
From: Shannon Bassi, Senior Human Resources Analyst, City Management Subject: Amendment to the City's Classification Plan

ACTION PROPOSED
Adopt a resolution amending the City's Classification Plan to authorize Reclassification of Finance Supervisor to Budget/Financial Services Manager in the Finance Department.

BACKGROUND
The City's Strategic Plan identifies "Deliver Exemplary Government Services" as a primary goal. The strategies outlined for this goal include recruiting and retaining a talented workforce, and maintaining an emphasis on providing excellent customer service. The Human Resources Division works continuously with Department and Division Managers to review class specifications throughout the City to confirm that they are representative of the organizational changes and duties that have evolved.

ANALYSIS
Staff conducted a review of the current staffing structure and positions within the Finance Department and have made the following assessments:

Budget/Financial Services Manager - Finance
Staff has determined that the vacant Finance Supervisor classification in the Finance Department could be better utilized within the department and perform duties that are more appropriately aligned with the proposed Budget/ Financial Services Manager classification level. The current Finance Supervisor classification assists with the budget preparation and presentation process throughout the year and also oversees and supervises the work within the Finance Technician I/II classifications on a variety of duties/projects within the department's functions. The current Finance Supervisor classification also responds to technical inquiries from other staff, departments, agencies and the public, in addition to performing internal and external audits.

The proposed Budget/Financial Services Manager classification will be characterized by varied, complex financial tasks with a high level of independence and discretion of judgement. For example, the incumbent will supervise and perform a variety of complex and professional budget and financial support functions within the Finance Department, including managing, preparing and executing all budgets, reports, accounting records, market research and financial forecasts. This classification is also responsible for providing financial information and revenue/expenditure analysis to aid in executive management decision making; performs the highest level of complex budget analysis and has frequent interaction with staff and leaders of other City departments. In Agenda Packet Page 173 of 475
Agenda Item No. 5.K.
addition, the new classification will prepare and present financial and budget reports and information to various audiences. This classification may also oversee general financial functions such as cash flow management, audit procedures, payroll processing, and coordinate assigned activities with other departments and outside agencies. These duties have all been determined to be at the higher classification level of Budget/Financial Services Manager. This reclassification will also increase the incumbent's ability to contribute on key projects and programs within City departments.

STRATEGIC PLAN CONSIDERATIONS
Amending the City’s classification plan will help fulfill City of El Cerrito Strategic Plan Goal A: Delivering Exemplary Public Services and the following objectives:
 Recruit and retain a talented and effective workforce  Maintain emphasis on providing excellent customer service

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

FINANCIAL CONSIDERATIONS
The fiscal impact of the proposed reclassification in the Finance Department is estimated to have a total increased cost of $54,621 for the remainder of fiscal year (FY) 2022-23, and the cost will be absorbed within the Department's approved operating budget. The funding will continue to come from Fund 101 (General Fund).

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. Finance Supervisor Job Description

3. DRAFT Budget-Financial Services Manager Job Description Agenda Packet Page 174 of 475
RESOLUTION 2022-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO AMENDING THE CITY’S CLASSIFICATION PLAN
WHEREAS, the City Council of the City of El Cerrito has an adopted Classification Plan for positions in the City’s service; and
WHEREAS, the City’s Personnel Rules and Regulations 2.6 allow for changes in classification if it is believed that a job being performed is inconsistent with the approved position classification; and
WHEREAS, staff has conducted a review of staffing structure and positions in the Finance Department; and
WHEREAS, staff has proposed personnel changes that allow for the reclassifications of one Finance Supervisor to Budget/Financial Services Manager in the Finance Department to better reflect the duties being performed by the current positions and the desired level of service to be provided; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby amend the City’s Classification Plan to authorize implementation of the reclassification of one Finance Supervisor to Budget/Financial Services Manager in the Finance Department; and
BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon passage and adoption.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

CITY OF EL CERRITO

FINANCE SUPERVISOR
Salary: $7,997 - $9,996 per month
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.

DEFINITION
Under general direction, to plan, organize, and perform professional accounting work of substantial complexity; to assign, supervise, and review the work of professional and office support staff; and to perform related work as required.

DISTINGUISHING CHARACTERISTICS
The Finance Supervisor is a supervisory class responsible for planning, assigning, and monitoring the work of staff in the Finance Department. This position requires assisting with labor relations and contract estimates.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Finance Director/City Treasurer. Exercises direct supervision over professional and clerical staff.

ESSENTIAL FUNCTIONS STATEMENTS
Essential responsibilities and duties may include, but are not limited to, the following:

Essential Functions:
• Plans, organizes, and supervises activities and staff for the accounting functions in the Finance Department. Establishes staff assignments and reallocates staff duties based on daily needs. Ensures that staff are cross trained across payroll, accounts receivable and accounts payable.
• Trains, supervises, and evaluates assigned staff, and interviews prospective employees.

Assists with and performs personnel actions related to the selection, training, promotion, performance evaluation, and disciplinary matters of division employees. • Provides direction and guidelines on division procedures. Recommends goals and objectives, and assists in the development of policies and procedures. • Prepares, assigns, and reviews financial statements, ledgers, and complex financial reports concerning operating, capital, and grant funds. • Coordinates the preparation of the Master Fee Schedule and Special Assessment reports.

Prepares the Agenda bills and Resolutions for same.
• Assists with financial planning, and conducts and coordinates special studies and projects as assigned. Process all debt service payments and liaise with banking trustees, banking partners, leasing agents and other fiscal agents.
• Identifies and assists in development and implementation of new data processing applications needed to facilitate division programs and functions. • Performs internal audits on accounting functions, and implements recommendations for system improvements within the division, based on external and internal audits.

Agenda Packet Page 176 of 475
CITY OF EL CERRITO Page 2
Finance Supervisor
• Performs professional accounting work, and oversees payroll, accounts payable and accounts receivable. Capitalizes and reconciles fixed assets, determines asset life, sets up equipment ledgers, and reviews depreciation calculations. Acts as back up for payroll, accounts payable and accounts receivable.
• Assists with labor relations and contract estimates.
• Assists other City departments with their fiscal and accounting needs. • Responds to a variety of technical inquiries from other staff, departments, agencies, and the public.
• Prepares written and oral reports as assigned. Interprets and summarizes financial data for non-finance managers.
• Assists in budget preparation, budget review, and control functions to maintain the City’s budget.

Marginal Functions:
• May serve as Finance Director/City Treasurer when necessary. In the absence of the Finance Director/City Treasurer, represents the division and presents reports to City Council and serves as the staff liaison to the Financial Advisory Board as needed • Accesses archived or storage files to obtain necessary information. Ensures compliance with the City’s documents retention policy and coordinates/leads document retention activities within the department.
• Perform related duties and responsibilities as required. Responds to ad hoc public information requests.

QUALIFICATIONS
Knowledge of:
• Governmental fund accounting; municipal accounting principles, practices, and methods; and bookkeeping and record keeping procedures, methods, and practices. • Contract administration principles and procedures.
• General principles and practices of data processing and its applicability to accounting and municipal operations.
• Familiarity with computerized accounting systems and programs; ability to oversee, manage, maintain, and troubleshoot computerized system applications. • Financial auditing principles and techniques.
• Principles of supervision, training, and performance management. • Principles and practices of assessment district and special fund reporting.

Ability to:
• Analyze, interpret, and reconcile complex journals, ledgers, and reports. • Plan, direct, supervise, and coordinate work of accounting division staff. Review, evaluate, train, and motivate assigned staff.

Agenda Packet Page 177 of 475
CITY OF EL CERRITO Page 3
Finance Supervisor
• Perform complex accounting, budgeting, and financial recordkeeping activities. • Identify, develop, and implement new and improved programs in budgeting, recordkeeping, and auditing procedures for municipal operations. • Analyze customer service problems and take appropriate action or make recommendations for modification of policies and/or procedures. • Write clear, concise, and accurate technical and non-technical reports and correspondence.
• Prepare and present reports and information to the City Council, other departments, and the public.
• Deal tactfully and effectively with staff, other agencies, and the public. • Communicate effectively in writing and orally; establish and maintain effective working relationships.

EXPERIENCE AND EDUCATION GUIDELINES
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

Two years of progressively responsible accounting experience including governmental fund accounting experience and supervisory functions.

Education: Bachelor’s degree from an accredited college in Accounting, Finance, Business Administration, or closely related field.

Licenses/Certificates/Other Requirements:

Registration as Certified Public Accountant (CPA) is preferred Possession of or ability to obtain a valid California driver’s license

PHYSICAL DEMANDS
Sitting: Frequently Lifting:

Standing: Occasionally up to 10 lbs: Occasionally
Walking: Occasionally 11 to 25 lbs: Occasionally
Bending: Occasionally 26 to 50 lbs: Never
Crouching: Occasionally 51 to 75 lbs: Never
Stooping: Occasionally 76 to 100 lbs: Never
Kneeling: Never 100 + lbs: Never
Crawling: Never Carrying:

Climbing: Never up to 10 lbs: Occasionally
Balancing: Never 11 to 25 lbs: Occasionally
Running: Never 26 to 50 lbs: Never
Twisting: Occasionally 51 to 75 lbs: Never
Turning: Occasionally 76 to 100 lbs: Never
Jumping: Never 100 + lbs: Never
Pushing/Pulling:
up to 10 lbs: Occasionally
Agenda Packet Page 178 of 475
CITY OF EL CERRITO Page 4
Finance Supervisor
11 to 25 lbs: Occasionally
26 to 50 lbs: Never
51 to 75 lbs: Never
76 to 100 lbs: Never
100 + lbs: Never
Grasping–light: Frequently
Grasping–firm: Occasionally
Finger dexterity: Frequently
Reaching forward:Occasionally
Reaching overhead: Occasionally
Pinch grasp: Occasionally
PHYSICAL DEMANDS (continued):

Coordination Eye-hand: Occasionally to Frequently
Eye-hand-foot: Occasionally
Driving: Occasionally
Talking Face-to-face: Frequently
Verbal contact: Frequently
Public: Frequently
Vision Acuity far: Not Required
Acuity, near: Required
Depth perception: Required
Field of vision: Not Required
Accommodation: Not Required
Color vision: Required
Hearing Conversation: Frequently
Telephone: Frequently
Earplugs: Never

MENTAL REQUIREMENTS
Abstract variables, Interpret instructions, Problems-standard, Detailed, uninvolved instructions, Reading-simple, Reading-complex, Writing-simple, Writing-complex, Math skills-simple, Math skills-complex, Form, Clerical, Synthesizing, Coordination, Analyzing, Compiling, Computing, Copying, Comparing, Negotiating, Instructing, Supervising, Speaking-signaling, Taking instructions-helping, Driving-operation, Comprehend/follow instructions, Perform simplerepetitive tasks, Maintain work pace, Relate to other people, Perform varied-complex tasks, Generalizations/evaluations, Responsibility for direction.

WORK ENVIRONMENT
Exposure to: indoors, using computer/computer monitor screen , works around others, works alone, works with others.

Rev. 3/2019
Formerly: Accounting Supervisor
Agenda Packet Page 179 of 475

CITY OF EL CERRITO
Budget/Financial Services Manager
Salary: $10,953 - 13,241 per month
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.

DEFINITION
To direct, manage, supervise and perform a variety of complex and professional budget and financial support functions within the Finance Department, including preparation and execution of all budgets, reports, accounting records, financial forecasts. This classification is responsible for providing financial information and analysis to aid in executive management decision making; performs the highest level of complex budget analysis and has frequent interaction with staff and leaders of other City departments. This classification may also oversee general financial functions such as cash flow management, audit procedures, payroll processing, and coordinate assigned activities with other departments and outside agencies. Supervises finance professional, technical and clerical staff.

DISTINGUISHING CHARACTERISTICS
This management classification is characterized by varied complex and responsible financial tasks performed with a high level of independence and discretion in judgement. It is distinguished from other finance classifications by the more complex, responsible and analytical duties assumed, such as dayto-day operations and both short and long term planning and budgeting, economic analysis, maintaining cost projection, forecasting methodologies, and cost allocation. The incumbent is responsible for accomplishing program planning and operational goals and objectives, furthering City goals and objectives within general policy guidelines.

SUPERVISION RECEIVED AND EXERCISED
Receives supervision from the Finance Director/City Treasurer or a designee.

May exercise supervision over other finance professional, technical and clerical staff.

ESSENTIAL FUNCTIONS STATEMENT
Essential responsibilities and duties may include, but are not limited to, the following:

Essential Functions:
• Plans, organizes, directs and coordinates the City’s budget processes. Prepares the City’s budget and all non-departmental budgets, including performing cost and revenue trend analysis and forecasting that incorporates historic, current and multi-year information. • Conducts extensive research of external markets, legislation and analysis to determine impacts to City operations and performance to formulate revenue and expenditure forecasts and convey detailed recommendations for annual/biennial budgetary proposals, modifications and adjustments.
• Researches, develops and implements budget policies and procedures to maintain alignment with federal, state, or local budgetary regulatory and policy changes to assure ongoing compliance and to enhance and maximize funding options for city services.

Agenda Packet Page 180 of 475

CITY OF EL CERRITO
Budget/Financial Services Manager Page 2
• Communicates budget policies, procedures and outcomes to departments, City officials, community members and other interested parties. Prepares and presents financial and budget reports and information to various audiences.
• Coordinates with department directors and staff to prepare operating budgets, the five-year capital improvement plan, budget modifications and adjustments. Develop and conduct budget process training.
• Performs and coordinates the integration of budget changes, amendments and transfers in the budget system and assures alignment with the chart of accounts. Researches, develops, and prepares revenue and expenditure analysis and monthly budget status reports. • Supervise staff performing debt management, collections, revenue recovery, accounts receivable and revenue reconciliation functions.
• Manages the budget system, maintains system integrity, chart of accounts alignment, system and process documentation. Coordinates budget system updates and modifications and end user training.
• Performs other special projects and related duties as assigned.

QUALIFICATIONS
Knowledge of:
• Principles, practices, and objectives of public sector budgeting including development, preparation, adoption, implementation, evaluation, and performing monitoring, auditing, and reporting.
• Automated budgeting and fiscal management applications and systems, including data modeling, analytics and forecasting applications, and spreadsheet applications. • Local government operations, functions, and relevant federal, state, and local public policies and fiscal requirements pertinent to local government.
• Project management principles and practices experience, including experienced user of project management software, and the ability to apply concepts to effectively communicate (written and verbal). Collaborate, and lead projects and teams to guide and define practice and process change.
• Principles and practices of effective employee supervision including selection, training, evaluation, and discipline, team building and employee growth. • English usage, spelling, grammar, and punctuation.
• Modern office practices, procedures, methods and equipment.

Ability to:
• Develop and maintain effective partnerships and working relations with coworkers, representatives from other entities and departments, boards and commissions, and the public.

Agenda Packet Page 181 of 475

CITY OF EL CERRITO
Budget/Financial Services Manager Page 3
• Represent the City with dignity, integrity, and the spirit of cooperation in all relations with staff and the public. Foster an environment that embraces integrity, service, inclusion and collaboration.
• Be an integral team player, which involves flexibility, cooperation, and communication. • Research, prepare, and present clear, concise, and complete financial reports and complex financial and budget information to a variety of audiences, including but not limited to City Council, in writing and verbally.
• Analyze, validate, verify, and document methods and sources to substantiate the accuracy of financial and statistical data and information.
• Compose clear and comprehensive budget policies, procedures, guidelines, budget narratives, staff reports, presentations, and budget process and systems documentation. • Develop automated comprehensive budgeting and reporting fiscal management systems and using computer applications in the preparation of complex budget financial and written reports. • Making sound independent judgments and recommendations that reflect positively on the City and maintain fiduciary integrity.

Experience and Education Guidelines
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

Six (6) years of increasingly responsible professional experience in finance, budgeting, or accounting is required. Experience in a California municipality with emphasis on budgeting and financial modeling, especially overseeing multi-fund public budgets totaling more than $40 million is preferred. Minimum of two (2) years of verifiable supervisory experience over financial professional positions is required.

Education:

A Bachelor’s degree from an accredited college or university with a major degree in accounting, economics, finance, public or business administration, or related field. A Master’s degree is preferred.

Equivalent combination of education and experience is considered.

Licenses/Certificates/ Other requirements:

Registration as Certified Public Accountant (CPA) is preferred.

Possession of or ability to obtain a valid California driver's license Agenda Packet Page 182 of 475

CITY OF EL CERRITO
Budget/Financial Services Manager Page 4

PHYSICAL DEMANDS
Sitting: Frequently Lifting:

Standing: Occasionally up to 10 lbs: Frequently
Walking: Occasionally 11 to 25 lbs: Occasionally
Bending: Occasionally 26 to 50 lbs: Occasionally
Crouching: Occasionally 51 to 75 lbs: Never
Stooping: Occasionally 76 to 100 lbs: Never
Kneeling: Occasionally 100 + lbs: Never
Crawling: Never
Carrying:

Climbing: Never up to 10 lbs: Frequently
Balancing: Never 11 to 25 lbs: Occasionally
Running: Never 26 to 50 lbs: Occasionally
Twisting: Occasionally 51 to 75 lbs: Never
Turning: Occasionally 76 to 100 lbs: Never
Jumping: Never 100 + lbs: Never
Pushing/Pulling:
up to 10 lbs: Frequently
11 to 25 lbs: Occasionally
26 to 50 lbs: Occasionally
51 to 75 lbs: Never
76 to 100 lbs: Never
100 + lbs: Never
Grasping – firm: Occasionally
Finger dexterity: Occasionally to Frequently
Reaching forward: Occasionally
Reaching overhead: Occasionally
Pinch grasp: Occasionally
Grasp – light: Occasionally
Coordination - Eye-hand: Frequently
Eye-hand-foot: Never
Driving: Occasionally
Talking - Face-to-face: Frequently
Verbal contact: Frequently
Public: Frequently
Vision - Acuity far: Required
Acuity, near: Required
Depth perception: Required
Field of vision: Required
Accommodation: Required
Color vision: Required
Hearing - Conversation: Occasionally
Telephone: Occasionally
Earplugs: Never
Agenda Packet Page 183 of 475

CITY OF EL CERRITO
Budget/Financial Services Manager Page 5

MENTAL REQUIREMENTS
Abstract variables, interpret instructions, problems-standard, reading-simple, reading-complex, writingsimple, writing-complex, math skills-simple, math skills-complex, spatial, form, clerical, coordination, analyzing, compiling, computing, copying, comparing, mentoring, negotiating, instructing, supervising, diverting, persuading, speaking-signaling, serving, taking instructions-helping, precision working, operating-controlling, driving-operation, manipulation, tending, handling, comprehend/follow instructions, perform simple-repetitive tasks, maintain work pace, relate to other people, influence other people, perform varied-complex tasks, generalizations/evaluations, responsibility for direction.

WORK ENVIRONMENT
Exposure to: indoors, outdoors, using computer/computer monitor screen, works around others, works alone, works with others.

Established: ___2022
Agenda Packet Page 184 of 475
6333 Potrero Avenue, Suite 100, El Cerrito CA 94530
Phone: 510.210.5930 ~ www.wcctac.org
El Cerrito
Hercules
Pinole
Richmond
San Pablo
Contra Costa
County
AC Transit
BART
WestCAT
June 27, 2022
City of El Cerrito Mayor and Councilmembers
10890 San Pablo Ave.

El Cerrito, CA 94530
RE: Background Information on Upcoming Presentation on San Pablo Avenue Multimodal Corridor Study, Phase 2
Dear City of El Cerrito Mayor and Councilmembers:

Thank you for allowing WCCTAC the opportunity to present to you a summary of the key results of its technical analysis conducted as part of the on-going San Pablo Avenue Multimodal Corridor Study (the Study), Phase 2. This memo serves to provide background information about the Study and includes as attachments the presentation slides and maps.

What is WCCTAC?
WCCTAC is one of four Regional Transportation Planning Committees (RTPCs) in Contra Costa County and represents the West Contra Costa sub-area. The Committees were created in 1988 to guide transportation projects and programs included in the Measure C, ½ cent, transportation sales tax approved by Contra Costa voters and succeeded by Measure J in 2004. WCCTAC is a public agency, governed by a Joint Exercise of Powers Agreement between the following member agencies: the cities of El Cerrito, Hercules, Pinole, Richmond, San Pablo; Contra Costa County; and the transit operators, AC Transit, BART, and WestCAT. WCCTAC aims to improve the transportation system in West Contra Costa through the development and coordination of transportation plans, projects, programs, and policies for the West Contra Costa area.

What is this Study all about?
Over the next 15-20 years, growing congestion will impact the multiple cities along San Pablo Avenue, but each does not function in isolation. To better coordinate transportation, several jurisdictions agreed to participate in a corridor study.

Agenda Item No. 6.A.

Agenda Packet Page 185 of 475

Page 2 of 7 ends

El Cerrito City CouncilJuly 19, 2022

El Cerrito City Council
July 19, 2022