Agenda packet — El Cerrito City Council, August 16, 2022 (part 1 of 2)

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REVISED AGENDA

REGULAR CITY COUNCIL MEETING
AUGUST 16, 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 (full in-person protocols available here.)
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/85486494751?pwd=TGNiK2RWNVhaejVXR3FURXN3Rm5idz09 Dial in: 1-408-638-0968 Meeting ID: 854 8649 4751 Password: 044517 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 3:00 p.m. the day of the meeting. All written comments received by this deadline will be provided to the City Council and posted online in advance of the meeting. Comments received after the deadline will be provided to the City Council and included with supplemental materials after the meeting. No written comments will be read into the record.

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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.

A. City Council Financial Climate Action Ad-Hoc Committee Update

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 July 19 and August 9, 2022.

Contact: Holly M. Charléty, City Clerk, City Management B. Library Card Sign-up Month Proclamation
Action Proposed: Approve a proclamation declaring September, 2022 as Library Card Sign-up Month.

Contact: Holly M. Charléty, City Clerk, City Management C. International Overdose Awareness Day Proclamation
Action Proposed: Approve a proclamation recognizing August 31, 2022 as International Overdose Awareness Day.

Contact: Holly M. Charléty, City Clerk, City Management Agenda Packet Page 2 of 497

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D. A Proclamation recognizing Discovering the Reality of Our Community Youth Leadership Program
Action Proposed: At the request of Mayor Pro Tem Motoyama, pass a motion to approve a proclamation supporting the efforts of the Discovering the Reality of Our Community Youth Leadership Program.

Contact: Holly M. Charléty, City Clerk, City Management E. 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 F. Economic Development Committee Appointment
Action Proposed: Pass a motion to approve one Economic
Development Committee recommendation to appoint member Sandra Mayithara, effective August 16, 2022.

Contact: Aissia Ashoori, Housing Program Manager/Staff Liaison, Community Development Department
G. Appoint City Council Ad-Hoc committee to consider an Enhanced Infrastructure Financing District (EIFD)
Action Proposed: Staff requests that the City Council pass a motion to appoint an ad-hoc committee of Mayor Pro Tem Lisa Motoyama and Councilmember Paul Fadelli to work with staff to consider creating an Enhanced Infrastructure Financing District (EIFD) as a method of financing infrastructure projects in the City of El Cerrito.

Contact: Karen Pinkos, City Manager, City Management
H. Second Reading and Adoption of an Amended Foodware Ordinance Requiring Single-Use Foodware Accessories and Standard
Condiments Packaged for Single-use to be Provided Only if Requested by a Consumer
1st Reading 7/19/2022
Action Proposed: Pass a motion to waive the second reading and adopt Ordinance 2022-02 Requiring Single-Use Foodware Accessories and Standard Condiments Packaged for Single-use to be Provided Only if Agenda Packet Page 3 of 497

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Requested by a Consumer.

Contact: Holly M. Charléty, City Clerk, City Management I. Purchase a Replacement Baler for the Recycling Center Action Proposed: Adopt a resolution authorizing the City Manager to enter into a purchase agreement with Apex Equipment, LLC in an amount not to exceed $122,393.93 for the purchase of an Excel Model EX63 horizontal baler to be used for compacting and bundling cardboard, aluminum, and other recyclables at the Recycling + Environmental Resource Center.

Contact: Christina Leard, Management Analyst III; Will Provost, Operations and Environmental Services Division Manager; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department J. One-Year Agreement between the City of El Cerrito and Chavan and Associates, LLP to perform required independent audit services for the Fiscal Year ending June 30, 2022.

Action Proposed: Adopt a resolution authorizing the City Manager to execute a one-year professional services agreement in an amount not to exceed $68,500.00 with Chavan and Associates, LLP, Certified Public Accountants (Chavan and Associates) to perform required independent audit services for the Fiscal Year ending June 30, 2022 including the Annual Comprehensive Financial Audit (ACFR), Single Audit, El Cerrito Public Financial Authority, City of El Cerrito’s Employees’ Pension Plan, GANN Appropriation Limit, Audit Report on Applying City of El Cerrito Master Installment Sale Agreement Compliance to Covenants, 2008 Sales Tax Revenue Bonds AUP, and Transportation Department Audit.

Contact: Sandra Dalida, Finance Director/City Treasurer, Finance Department
K. Fiscal Recovery and Sustainability Plan
Action Proposed: Receive and approve the updated Fiscal Recovery and Sustainability Plan to be submitted to the California State Auditor Contact: Karen Pinkos, City Manager, City Management

6. PRESENTATIONS
A. Update from West Contra Costa Unified School District (WCCUSD) Action Proposed: Receive and file an update from WCCUSD on financials, addressing El Cerrito High School violence, School Resource Agenda Packet Page 4 of 497

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Officer Program, and relevant updates for the upcoming school year.

Contact: Trustee Leslie Reckler, Area 5, WCCUSD Board of Trustees; Kenneth Chris Hurst Sr., Ed.D, WCCUSD Superintendent

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

Contact: David Yun, Fire Prevention Officer; Chase Beckman, Fire Marshal, Fire Department

8. POLICY MATTERS
A. Project Stabilization Agreement with Contra Costa Building and Construction Trades Council
Action Proposed: Adopt a resolution approving and authorizing the City Manager to sign a Project Stabilization Agreement and related side letter with the Contra Costa Building and Construction Trades Council and its affiliated local Unions.

Contact: Karen Pinkos, City Manager, City Management
B. 2023-2031 Draft Housing Element
Action Proposed: Receive and file presentation of the Draft 2023-2031 6 th Cycle Housing Element and provide input to staff prior to submitting it to the California Department of Housing and Community Development for the state-mandated review.

Contact: Aissia Ashoori, Housing Manager; Sean Moss, Planning Manager, Community Development Department

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
In memory of long time El Cerrito resident Loraine Dair.

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The next regularly scheduled City Council meeting is Tuesday, September 20, 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

SPECIAL CITY COUNCIL MEETING
JULY 19, 2022 – 5:00 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/82661866442?pwd=djZBVzl6b2RiUzJuWEZ2ak1jQTFMUT09 Meeting ID: 826 6186 6442 Password: 840086 Dial in: 1-408-638-0968 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 2:00 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.

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5:00 P.M. ROLL CALL - CONVENE SPECIAL CITY COUNCIL MEETING Mayor Quinto called the meeting to order at 5:00 PM.

Present In-Person: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Fadelli, Councilmember Rudnick Present Remotely:

Councilmember Abelson 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 NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Karen Pinkos, City Manager; Alexandra Orologas, Assistant City Manager; Glenn Berkheimer, Labor Negotiator; and Sky Woodruff, City Attorney.

Employee Organizations: Public Safety Management Association (Fire Chief) Contact: Sky Woodruff, City Attorney, City Management
City Council convened to closed session at 5:01 PM. No reportable action.

3. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL—EXISTING

LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Name of case: City of Long Beach v. Monsanto Company, et al. (United States District Court for the Central District of California Case No. 2:16-cv-03493-FMOAS) Contact: Alexandra Orologas, Assistant City Manager, City Management No reportable action.

4. ADJOURN SPECIAL CITY COUNCIL MEETING
The special meeting adjourned at 6:01 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 July 19, 2022 as approved by the El Cerrito City Council.

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

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
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 #.

Present In-Person: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Fadelli, Councilmember Rudnick Present Remotely:

Councilmember Abelson Absent: None
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.

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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 - update on current health condition.

Mayor Quinto - reported on Special City council meeting at 5PM; announced letter sent to Senator Feinstein and Padilla urging the health care subsidy expansion outlined by ARPA be made permanent, issuance of a Mayoral Certificate of Recognition for Rev. Dr. Willie McDaniel in recognition his service to the El Cerrito community; reported attendance at North American Sakya Monlam for World Peace event, and Cal Cities Board of Director meeting.

Bay Area Rapid Transit (BART) Board President Rebecca Saltzman - announced receipt of grant funding of $24.2 million dollars for the El Cerrito Plaza Transit Oriented Development project.

Councilmember Fadelli - announced BART open house event and reported on attendance at the El Cerrito July 4th event.

Mayor Pro Tem Motoyama - reported on attendance at the El Cerrito July 4th event, and celebration for Pastor McDaniel at St. Peters.

Councilmember Rudnick - reported on attendance at the El Cerrito July 4th event, celebration for Pastor McDaniel at St. Peters; and announced launch of new number, 988, for the national hotline for mental health support.

Councilmember Abelson - reported on attendance at the El Cerrito July 4th event, and celebration for Pastor McDaniel at St. Peters.

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, Trina Mackie, Peter P., Howdy Goudey, Chair, on behalf of the Environmental Quality Committee, John Stashik, Michael Fischer, Nick Zamorano, Gary Prost, Sean Angles, Sue and Paul Duncan.

Oral Public Comments:

Gary Prost - on behalf of Make El Cerrito Fire Safe and request for parking restrictions on red flag warning days.

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Fred Bialy - spoke regarding need for action regarding the Climate emergency, electric vehicles, and regarding a resident petition submitted asking for climate action.

Bill Barish - representing 350 Contra Costa, spoke on need for action related to climate change and on a petition submitted asking for climate action.

Buddy Akacic - commented on the need for a new senior center in El Cerrito, need to communicate with residents, shared upcoming senior stroll events, and contributions of seniors in the community.

Peter Pan - spoke regarding the need to end the local emergency and the eviction moratorium.

Xiaomie Song - spoke regarding personal hardship and request for the end the eviction moratorium.

Cordell Hindler - spoke in of working with Koff and Associates on filling vacant positions, commented on upcoming National Night out.

Steve Price - spoke regarding El Cerrito Strollers and Rollers, the need to increase efforts to shop locally, and upcoming efforts of the group.

Howdy Goudy - Chair of the City's Environmental Quality Committee, reviewed recommendations made by the committee related to Climate Action.

Mark Levine - recommended requiring the use of electricity as an energy source, and updating the climate action plan.

Carolyn Wysinger - spoke regarding July 4th event, praised response of public safety to a recent fire, addressing the unhoused, and support of local businesses.

Sue Duncan - welcomed incoming fire chief and commented on the need to work on home hardening projects.

Vanessa Warheit - spoke on need for climate action, support of prioritizing a senior center, need to support local businesses, July 4th event, hybrid meeting settings, grant writing award and monitoring home sales.

Allison C - spoke regarding need for a stronger response to climate action, building electrification, support of a senior center, and in favor of continuing the eviction moratorium.

Linda Cain - commented on the senior population, need for a senior center and commented on past senior activities.

Sean Angles - spoke in support of reopening the community center for private events.

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Sherry Drobner - shared interaction with an unhoused individual, need for additional support from C.O.R.E. staff in the city.

Dave Weinstein - representing El Cerrito Historical Society, spoke in support of the proclamation for the 50th anniversary of the recycling center and the work of Joel Witherell.

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:

Approved A, B, C, E, G, and 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 May 17, May 24, June 7, and June 21, 2022.

Contact: Holly M. Charléty, City Clerk, City Management Action: Approved minutes, including amended to the minutes for the Regular meeting of June 21, 2022 adding an Administrative note to item

8.A. stating “Resolution 2022-48 rescinded Resolution 2021-34 (not 2020- 34 as stated in the adopted resolution.) The clerical error was fixed administratively in the final version of the resolution.” B. 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
Action: Approved proclamations
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 Action: Approved proclamation
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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
Pulled from consent by Mayor Pro Tem Motoyama.

Discussion: Clarification on reference of homeland security funds, and qualifications to be considered low risk status. Moved/Seconded: Mayor Pro Tem Motoyama/Councilmember Rudnick Action: Receive and filed.

Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None 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
Action: Received and filed
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
Pulled from consent by Mayor Pro Tem Motoyama. Discussion: High deposit amount, funds added to LAIF, how typical it is for a high account balance, status of investment policy modifications recommended by the Financial Advisory Board. Moved/Seconded: Councilmember Fadelli/Mayor Pro Tem Motoyama Action: Receive and filed.

Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None 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 Action: Approved Resolution 2022-51
H. Agreement with A Plus Tree Incorporated for Urban Forest Maintenance, Tree Pruning, Removal, and Planting Services, Agenda Packet Page 13 of 497

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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.

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
Action: Approved Resolution 2022-52
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 Pulled from consent by Mayor Pro Tem Motoyama. Discussion: Reason for the revised contract and the level of service provided, and cost sharing structure. Moved/Seconded: Councilmember Rudnick/Mayor Pro Tem Motoyama Action: Approved Resolution 2022-53. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson,
Councilmember Fadelli, Councilmember Rudnick Noes: None 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 Pulled from consent by Mayor Pro Tem Motoyama.

Discussion: Modification of resolution to reflect up to $60,000, and goals set for accomplishment in the next year. Moved/Seconded:

Councilmember Rudnick/Mayor Pro Tem Motoyama Action: Approved Resolution 2022-54, modifying each reference to "the amount of $60,000" to reflect "in an amount up to $60,000." Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
K. Amendment to the City's Classification Plan
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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
Pulled from consent by Mayor Pro Tem Motoyama Discussion: Source of funding for new position, impact of the cost over the next 5 years.

Moved/Seconded: Mayor Pro Tem Motoyama/Councilmember Fadelli Action: Approved Resolution 2022-55 Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None

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 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
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding corridor-wide center bus lane, response of the WCCTAC Board to the presentation, connection with neighboring counties, pedestrian safety issues, bicycling experience and incorporation of the greenway section that runs parallel to San Pablo, and focus on pedestrian safety.

Oral Public Comments
Vanessa Warheit - commented in support of efforts and encourage additional public engagement and outreach on the topic, timing of implementation and need for full bicycle access.

Steve Price - spoke regarding the distinction between the use of the Greenway and bike lanes on San Pablo Avenue.

Action: Received and filed.

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 Agenda Packet Page 15 of 497

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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
Moved/Seconded: Mayor Pro Tem Motoyama/Councilmember Rudnick Action: Adopted Resolution 2022-56 (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 public comments
Moved/Seconded: Mayor Pro Tem Motoyama/Councilmember Fadelli Action: Close the Public Hearing. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
Moved/Seconded: Mayor Pro Tem Motoyama/Councilmember Rudnick Action: Approve Resolution 2022-57 (Overriding Objections) Ayes:

Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None 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
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding the impact on drive-thru business, use of signage at the business locations, self-serve single packets, time period between first and second notices for violations and compliance, outreach for sidewalk vendors, community engagement efforts.

Public Hearing: Mayor Quinto opened the public hearing.

No public comments.

Moved/Seconded: Mayor Pro Tem Motoyama/Councilmember Abelson Action: Closed the Public Hearing. Ayes: Mayor Quinto, Mayor Pro Tem Agenda Packet Page 16 of 497

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Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
Moved/Seconded: Councilmember Rudnick/Mayor Pro Tem Motoyama Action: Introduced by title and waived further reading of Ordinance 2022-

02. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None 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
Public Hearing: Mayor Quinto opened the public hearing.

Appellant Comments: Representatives of the appellant provided an overview of reasons for appealing including concern about noise, traffic impacts, delays in project completion past the proposed 24 months, proper vetting of alternative locations with less impacts, increased response times, presence of a diesel generator, and need for a traffic engineering survey study.

Applicant Comments: Representatives of the applicant stated close work with staff on the conditional use permit, importance of project to the district, and diligent work being conducted on the construction project and has strong plans in place.

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 Marilyn Stollon and John Graccione.

Oral Public Comments:

Vida Dorrah - resident in Kensington and property owner in El Cerrito, spoke on concern regarding traffic in the surrounding area.

Arthur Swislocki - spoke regarding the value of conducting a traffic study on the area before approval, turn radius of the road and narrow streets cause a safety concern.

Tessa Snook O'Riva - commented that camp ends in August which will reduce buses and large vehicles in the area. Preschool is supportive of the project and has no concerns, and shared that fire staff often conduct training in the area and the roads and turn radius are not a concern.

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Cordell Hindler - spoke in support of a traffic study prior to council action.

Moved/Seconded: Mayor Pro Tem Motoyama/Councilmember Fadelli Action: Closed the public hearing. Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
Council Discussion: Presenters and staff responded to additional comments and questions raised by members of the council regarding recommended redirection of route for access, alternative sites considered, timeline for construction, effect on station 72 priorities, and renovation permit versus temporary use permit.

Moved/Seconded: Councilmember Abelson/Councilmember Rudnick Action: Approve Resolution 2022-58, revised to 1) modify the first resolved clause to read "The proposed temporary fire station will provide emergency response services to the surrounding community. The duration of this Use Permit will be limited to the duration of the renovation of Station 65. The operation of the temporary station will be typical of other fire stations. No routine testing or operation of heavy equipment will occur before 9:00 a.m. or after 6:00 p.m. Siren use will be kept to a minimum. The temporary fire station will benefit public health, safety, and welfare, by continuing the provision of emergency services to the community." and 2) modify the third further resolved clause to read "This use permit shall be valid for the duration of the Kensington Fire Protection District’s renovation of the existing station at 217 Arlington Avenue, as long as the District continues to make a good faith effort to complete the renovation project." Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None

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.

Oral Public Comments:

Cordell Hindler - expressed appreciation of the recruitment process and Agenda Packet Page 18 of 497

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welcomed the new chief.

Larry Nagel - President of Kensington Fire Protection District welcomed the new chief.

Vincent Wells - President of Local 1230 welcomed the new chief.

Bill Hansell- General Manager of Kensington Fire Protection District welcomed the new chief.

Moved/Seconded: Councilmember Rudnick/Mayor Pro Tem Motoyama Action: Approved Resolution 2022-59, modifying Exhibit B to the resolution, under Chapter 1, section 1.1, to remove "In the event that the Fire Chief is removed from his position as Fire Chief, he may, at his discretion, return to his prior position as Battalion Chief in the El Cerrito Fire Department, as permitted under El Cerrito Municipal Code §

3.10.090 and any related rules or regulations. Should the Fire Chief return to his prior position as Battalion Chief, he shall be credited with all service time with the City of El Cerrito and not suffer a loss of seniority and enjoy all benefits and compensation of a Battalion Chief.

Reversionary rights will not apply in the case of termination based upon an independent finding of misconduct, made by the Civil Service Commission or a mutually agreed hearing officer." Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
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.

Public Comments:

Cordell Hindler - spoke in support of approval.

Moved/Seconded: Councilmember Fadelli/Mayor Pro Tem Motoyama Action: Approved Resolution 2022-60 Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
C. Consulting Services Agreement with Koff & Associates for a Citywide Classification and Compensation Study
Agenda Packet Page 19 of 497

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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 Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding staff lead for project, equity considerations in the project, impact to the fund balance, and clarification of budget action requested.

Oral Public Comments:

Cordell Hindler - spoke in support of approving the item.

Moved/Seconded: Councilmember Rudnick/Councilmember Fadelli Action: Approved Resolution 2022-61 Ayes: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Noes: None
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 Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding the impact of the lease ending prior to the District vacating.

No public comments.

Moved/Seconded: Mayor Pro Tem Motoyama/Councilmember Abelson Action: Approved Resolution 2022-62. 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.

None
Agenda Packet Page 20 of 497

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10. ADJOURN REGULAR CITY COUNCIL MEETING
The regular meeting adjourned at 10:39 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 July 19, 2022 as approved by the El Cerrito City Council.

Holly M. Charléty, MMC, City Clerk
Agenda Packet Page 21 of 497

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EL CERRITO CITY COUNCIL DRAFT MINUTES

SPECIAL CITY COUNCIL MEETING
AUGUST 9, 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:

1. In person at the address listed above.

2. Via Zoom (Closed captioning available):
us06web.zoom.us/j/87172960891?pwd=UkM0UU90QmROY0NSNHdDVHVOL25kdz09 Meeting ID: 871 7296 0891 Password: 224156 Dial in: 1-408-638-0968 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 #.

Present Remotely: Mayor Quinto, Mayor Pro Tem Motoyama, Councilmember Abelson, Councilmember Fadelli, Councilmember Rudnick Absent: None
Consistent with the Brown Act as amended by AB 361 (2021), members of the City Council, staff, presenters and the public may participate in-person at the location listed above, or remotely via zoom. In-person attendance will be limited to available seats and designated accessible spaces only (no standing room) with chairs spaced to encourage social distancing. Masks are strongly recommended.

Agenda Packet Page 22 of 497

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

Employee Organizations: Police Employees Association (PEA), and United Professional Firefighters Local 1230.

Contact: Sky Woodruff, City Attorney, City Management
City Council convened to closed session at 5:32 PM. No reportable action.

3. ADJOURN SPECIAL CITY COUNCIL MEETING
The special meeting adjourned at 7:21 p.m.

Gabe Quinto, Mayor
This is to certify that the foregoing is a true and correct copy of the minutes of the City Council meeting of August 9, 2022 as approved by the El Cerrito City Council.

Holly M. Charléty, MMC, City Clerk
Agenda Packet Page 23 of 497
Agenda Item No. 5.B.

EL CERRITO CITY COUNCIL PROCLAMATION
Recognizing September as Library Card Sign-up Month in the City of El Cerrito WHEREAS, libraries and librarians play a crucial role in the education and development of children; and
WHEREAS, librarians are literacy experts, offering everything from preschool Storytime to summer reading programs that sustain school-year learning; and WHEREAS, libraries provide a learning environment that fosters joyful exploration, encouraging students to research subjects that they are genuinely curious about; and WHEREAS, librarians create welcoming and inclusive spaces for people of all backgrounds to learn together and engage with one another; and WHEREAS, librarians provide a variety of books and resources to serve everyone in the community, making knowledge and ideas available so that people have the freedom to choose what to read; and
WHEREAS, a library card empowers all people to pursue their dreams, explore new passions and interests, and find their voice; and
WHEREAS, libraries are constantly transforming to deliver new services that connect closely with community needs, even during a pandemic.

NOW, THEREFORE, the City Council of the City of El Cerrito does hereby proclaim September 2022 as Library Card Sign-up Month in the City of El Cerrito and encourages everyone to sign up for their own library card today.

Dated: August 16, 2022
__________________________
Gabe Quinto, Mayor
Agenda Packet Page 24 of 497
Agenda Item No. 5.C.

EL CERRITO CITY COUNCIL PROCLAMATION
Recognizing August 31, 2022 as International Overdose Awareness Day WHEREAS, the City Council of the City of El Cerrito does affirm and acknowledge that drug overdose can cause harm and hardship; and WHEREAS, the purpose of International Overdose Awareness Day is to remember loved ones lost to overdose and to end the stigma surrounding substance use disorder (SUD) and drug-related deaths; and WHEREAS, we recognize that drug-related overdoses in our community forever affects those who loved and cared about them; and WHEREAS, the people affected by overdose are our children, parents, siblings, friends and loved ones who are deserving of our love, compassion, support and remembrance.

NOW THEREFORE, the City Council of the City of El Cerrito along with the Contra Costa County MEDS Coalition, BAART and other community partners do hereby proclaim August 31st, 2022, as International Overdose Awareness Day throughout the City of El Cerrito.

Dated: August 16, 2022
___________________________
Gabe Quinto, Mayor
Agenda Packet Page 25 of 497
Agenda Item No. 5.D.

EL CERRITO CITY COUNCIL PROCLAMATION
Supporting the Efforts of the Discovering the Reality of Our Community Youth Leadership Program
WHEREAS, Discovering the Reality of Our Community (DROC) Youth Leadership Program is an alcohol and other drug prevention and awareness program; and
WHEREAS, DROC youth engage in projects that encourage community advocacy to create positive community change around alcohol and drug misuse in their community; and
WHEREAS, DROC is focused on changing California’s preemptive alcohol policies; and
WHEREAS, the Twenty-first Amendment to the United States Constitution uplifted the alcohol ban during the Prohibition era and granted states the sole power to make and regulate laws related to alcohol, thus limiting the power at the local level; and WHEREAS, alcohol-related death is a preventable cause of death; and WHEREAS, DROC youth research shows that drinking alcohol before the age of 15 can increase the likelihood of an individual developing an alcohol dependency by four times; and
WHEREAS, DROC youth research shows high alcohol outlet density is a key environmental factor associated with increased crime, including violent crime; and WHEREAS, University of California research suggests that higher single serve alcoholic beverage availability is linked to an increase in violent crime; and WHEREAS, El Cerrito youth who frequent convenience stores for snacks and non-alcoholic beverages are exposed to higher amounts of alcohol and advertising and have greater access to cheap, single-sale alcoholic beverages.

NOW, THEREFORE, the City Council of the City of El Cerrito supports the efforts made by the DROC Youth Leadership Program to make amendments to state alcohol regulations to enable oversaturated communities to regulate the sale of alcohol to mitigate negative health and safety impacts.

Dated: August 16, 2022
___________________________
Gabe Quinto, Mayor
Agenda Packet Page 26 of 497

AGENDA BILL
Agenda Item No. 5.E.

Date: August 16, 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 August 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 August 20, 2022 - Agenda Packet Page 27 of 497
Agenda Item No. 5.E.

September 19, 2022.

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

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

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

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

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

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

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

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

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

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

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 Agenda Packet Page 28 of 497
Agenda Item No. 5.E.
staffing resources and limitations of technology, staff is planning for the continuation of 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:

Karen Pinkos, City Manager
Attachments:

1. Resolution

2. County Recommendation for Safe Public Meetings
Agenda Packet Page 29 of 497
RESOLUTION 2022-XX

A RESOLUTION AUTHORIZING CITY COUNCIL AND CITY ADVISORY BODY MEETINGS TO BE HELD VIA TELECONFERENCE FOR THE 30-DAY PERIOD BEGINNING AUGUST 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 30 of 497
WHEREAS, such conditions now exist in the City, specifically, a State of Emergency due to COVID-19 continues and on August 9, 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 31 of 497
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 August 20, 2022 through September 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 August 16, 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 August , 2022.
________________________
Holly M. Charléty, City Clerk
APPROVED:
________________________
Gabe Quinto, Mayor
Agenda Packet Page 32 of 497
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 August 9, 2022 in Covid-19 case rate, test positivity, Covid-19 hospitalizations, and Covid-19 wastewater surveillance are stable, but still remain high 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 8-9-2022
Sefanit Mekuria, MD, MPH
Deputy Health Officer, Contra Costa County
Agenda Packet Page 33 of 497

AGENDA BILL
Agenda Item No. 5.F.

Date: August 16, 2022
To: El Cerrito City Council
From: Aissia Ashoori, Housing Program Manager/Staff Liaison, Community Development Department
Subject: Economic Development Committee Appointment

ACTION PROPOSED
Pass a motion to approve one Economic Development Committee recommendation to appoint member Sandra Mayithara, effective August 16, 2022.

BACKGROUND/ANALYSIS
Sandra Mayithara has been an El Cerrito resident for one year. She is currently a Global Client Finance Director Marketing Manager at Essene Global, LLC. Mrs.

Mayithara has volunteered in many capacities to support community building prior to moving to El Cerrito last year.

Mrs. Mayithara has demonstrated through her participation in EDC meetings and events that she is committed to economic prosperity, which is aligned with the mission of EDC and adds value to community involvement.

The Economic Development Committee voted unanimously to recommend the appointment of her at its regular meeting on July 18, 2022.

If the Council approves this recommendation for reappointment, the number of committee members will be 10 out of a possible membership total of 15, as established by Resolution 2013-66.

STRATEGIC PLAN CONSIDERATIONS
The recommended appointment fulfills the City's Strategic Plan Goal C: Deepen a sense of place and community identity.

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

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 34 of 497
Agenda Item No. 5.F.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

Application(s) on file with City Clerk
Agenda Packet Page 35 of 497

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Agenda Item No. 5.H.

ORDINANCE NO. 2022-02

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

SINGLE USE UNLESS REQUESTED BY CONSUMER AND AUTHORIZING

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

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

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Section 1: Incorporation of Recitals. The City Council finds that the above Recitals are true and correct and are incorporated herein by reference Section 2: Amendment of Municipal Code: Chapter 8.24 of the El Cerrito Municipal Code is hereby amended with the following additions and deletions to read as follows (additions in underline, deletions in strikethrough):

8.24.010 Title.

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

8.24.030 Purpose.

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

8.24.040 Definitions.

The following definitions apply to this chapter:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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8.24.050 Prohibited foodware.

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

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

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

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

8.24.060 Permitted foodware.

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

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

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

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

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

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

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8.24.070 Foodware by Request and Third-Party Food Delivery.

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

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

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

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

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

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

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

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

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

8.24.080 Exemptions to Section 8.24.050 and Section 8.24.060.

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

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

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

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

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

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

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

8.24.140 Enforcement and violation—Penalty.

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

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

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

Section 3. Compliance with the California Environmental Quality Act.

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

Section 4. Severability.

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

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Section 5. No Conflict with Federal or State Law.

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

Section 6. Effective Date.

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

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

AYES: Mayor Quinto; Mayor Pro Tem Motoyama; Councilmembers Abelson, Fadelli, and Rudnick
NOES: None
ABSENT: None
ABSTAIN: None
ADOPTED AND ORDERED published at a regular meeting of the City Council held on August 16, 2022 and passed by the following vote:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
APPROVED:
________________________
Gabe Quinto, Mayor
ATTEST:
_____________________
Holly Charléty, City Clerk

ORDINANCE CERTIFICATION
I, Holly M. Charléty, City Clerk of the City of El Cerrito, do hereby certify that this Ordinance is the true and correct original Ordinance No. 2022-02 of the City of El Cerrito; that said Ordinance was duly enacted and adopted by the City Council of the City of El Cerrito at a meeting of the City Council held on the16th day of August, 2022; and that said Ordinance has been published and/or posted in the manner required by law.

WITNESS my hand and the Official Seal of the City of El Cerrito, California, this day of August 2022.
_____________________________
Holly M. Charléty, City Clerk
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AGENDA BILL
Agenda Item No. 5.I.

Date: August 16, 2022
To: El Cerrito City Council
From: Christina Leard, Management Analyst III; Will Provost, Operations and Environmental Services Division Manager; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Subject: Purchase a Replacement Baler for the Recycling Center

ACTION PROPOSED
Adopt a resolution authorizing the City Manager to enter into a purchase agreement with Apex Equipment, LLC in an amount not to exceed $122,393.93 for the purchase of an Excel Model EX63 horizontal baler to be used for compacting and bundling cardboard, aluminum, and other recyclables at the Recycling + Environmental Resource Center.

BACKGROUND & ANALYSIS
Public Works Department Staff currently use an Excel Model EX60 horizontal baler daily to process recyclables, including corrugated cardboard (OCC), aluminum cans, and PETE plastic #1 at the Recycling + Environmental Resource Center (RERC). The current baler has been used for the last twenty years and is nearing the end of its useable life. In particular, the EX60 baler has been evaluated by staff and has been found to need a number of repairs in order to maintain functionality and long-term reliability. Additionally, the baler operates at a slow speed, and Public Works Staff has determined that a faster, more reliable, machine is needed to increase processing of other recyclable materials dropped off at the RERC. This would also enable the City to pursue greater revenue for materials collected, since baled materials, and denser bales, command greater value in the recycled materials marketplace (e.g., baled mixed paper is more valuable than loose mixed paper).

Over the past few months, Public Works Staff have completed an evaluation of replacement options and solicited quotes from vendors to determine the cost for various options. Staff narrowed down options to three: Excel EX63 Horizontal Baler (Apex Equipment, LLC), Summit FP66-4PS Horizontal Baler (Bay Area Trash Compactor) and Marathon Gemini Xtreme Horizontal Baler (Waste Disposal Systems) as summarized below.

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Agenda Item No. 5.I.

The criteria used by Staff in determining which was the best overall baler included: cost, bale production speed, materials able to be processed, and Staff familiarity. Staff concluded that the EX63 baler is the best replacement because:
 It is compatible with the current incline conveyor and therefore eliminates the need to purchase a new conveyor unit, saving money for the City;  It has a hydraulic door latch feature that opens and closes the compacting chamber (the EX60 is hand operated);
 It has a 29 second ram compacting cycle (the EX60 is 46 seconds, meaning increased efficiency and bale production, reducing staff time);  It has 3000 psi hydraulic pressure (the EX60 is 2500 psi, meaning bales will be denser and heavier with the EX63);
 It has electric panels and controls that are easy to operate;  The City utilizes a local equipment maintenance vendor that is familiar with the manufacturer company and is able to order parts when these are needed;  The vendor, Apex, is offering to purchase the EX60 baler and to give a trade-in credit of $5,500; and
 It is a more versatile baler for processing additional recyclable materials. In addition to materials that are currently processed, the intent is to process newspaper, mixed paper, and HDPE #2 plastic bottles, and to offer these materials to potential buyers in the recycling industry.

Staff believes that the best interest of the City is served by purchasing the Excel EX63 baler from Apex Equipment. While slightly more expensive than the Summit FP66-4PS, staff familiarity with the Excel model and the benefits described above were determining factors in the decision.

Vendor Brand/Model Base Cost
Additional
Costs (parts,
shipping,
installation)
LESS
Trade-in
value
Estimated
Tax
GRAND
TOTAL
Apex
Equipment
Excel EX63
Horizontal
Baler $104,270.00 $13,500.00 ($5,500.00) $10,123.93 $122,393.93 Bay Area
Trash
Compactor
Summit
FP66-4PS
Horizontal
Baler $69,890.00 $39,182.00 N/A $9,986.78 $119,058.78
Waste
Disposal
Solutions
Marathon
Gemini
Xtreme
Horizontal
Baler $122,298.75 TBD N/A $12,535.62 $134,834.37
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Agenda Item No. 5.I.

The City’s Procurement Policy states that supplies, equipment and professional services be secured at the lowest possible cost commensurate with quality needed, to exercise financial control over purchases, and to assure quality of purchases. This policy stipulates that the expenditure of funds over the amount of $45,000 from a single vendor in a fiscal year must be approved by the City Council. The proposed baler replacement exceeds the $45,000 threshold and requires City Council approval.

STRATEGIC PLAN CONSIDERATIONS
Purchase of a replacement baler would fulfill the City's Strategic Plan Goal A: Delivery of Exemplary Government Services by enabling the City to increase productivity and efficiency with recyclables processing; Goal B: Achieve Long-term Financial Sustainability by enabling the City to bale more materials and receive more revenue from existing and expanded material streams; Goal D: Develop and Rehabilitate Public Facilities as Community Focal Points by addressing ongoing and deferred maintenance of facilities; and Goal F: Foster Environmental Sustainability Citywide by providing innovative programs that promote environmental sustainability and waste diversion.

ENVIRONMENTAL CONSIDERATIONS
The purchase of a replacement baler will support the RERC in providing daily recycling collection services to the community, supporting the diversion of waste from the landfill.

This proposed action will not result in a project as defined by the California Environmental Quality Act, (CEQA) and no further environmental review is needed.

FINANCIAL CONSIDERATIONS
The RERC is in need of a replacement baler to support the reliable ongoing collection of cardboard, aluminum, and plastic bottles, and to enable staff to both reduce the time processing these materials and to receive more revenue for other recycling materials that are being collected. The total cost to purchase the baler is $122,393.93. This includes the purchase price, installation, crane rental, shipping, tax, and a trade-in credit of $5,500 for the current baler. This baler purchase was planned for and funding is available in the Fiscal Year 2022-23 Adopted Budget in the Integrated Waste Management Fund (501-1080-56620). There will be no impact to the City’s General Fund.

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

Reviewed by:

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Agenda Item No. 5.I.

Karen Pinkos, City Manager
Attachments:

1. Resolution

2. Excel EX63 Quote

3. Excel EX63 Specification Sheet
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RESOLUTION 2022-XX

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

THE CITY MANAGER TO ENTER INTO A PURCHASE AGREEMENT WITH APEX EQUIPMENT, LLC IN AN AMOUNT NOT TO EXCEED $122,393.93 FOR THE PURCHASE OF A BALER FOR THE RECYCLING + ENVIRONMENTAL RESOURCE CENTER
WHEREAS, the Public Works Department uses a baler at the Recycling + Environmental Resource Center to process recyclable materials daily; and WHEREAS, the existing baler is nearing the end of its usable life, and City Staff are seeking to acquire a faster, more reliable, baler that will reduce the amount of time it takes to process materials and enable the City to bale a greater variety of recyclables; and
WHEREAS, a replacement baler would enable the City to pursue greater revenue for materials collected, since baled materials, and denser bales, command greater value in the recycled materials marketplace; and
WHEREAS, Staff have obtained multiple quotations for replacement balers, and in addition to cost, staff used bale production speed, materials able to be processed, and staff familiarity as the criteria to ensure the equipment would be of high quality and provide the best overall purchase value to the City; and
WHEREAS, after evaluating the proposals received, staff has identified the Excel EX63 Horizontal Baler from Apex Equipment, LLC as the best value meeting all the needed criteria; and
WHEREAS, the total cost to purchase the Excel EX30 baler from Apex Equipment, LLC is $122,393.93, including the purchase price, installation, crane rental, shipping, tax, and a trade-in credit of $5,500 for the current baler; and WHEREAS, the City’s Procurement Policy stipulates that purchases made from a single vendor over $45,000 in one fiscal year must be approved by City Council; and WHEREAS, funding is available in the Fiscal Year 2022-23 Adopted Budget in the Integrated Waste Management Fund.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito authorizes the City Manager to enter into a purchase agreement with Apex Equipment, LLC in an amount not to exceed $122,393.93 for the purchase of the replacement baler for the Recycling + Environmental Resource Center.

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

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I CERTIFY that at a regular meeting on August 16, 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:

July 22, 2022
Mr. Mario Gonzalez
City of El Cerrito Recycling
7501 Schmidt Ln
El Cerrito CA 94530
Dear Mario,
In response to your request, Apex Equipment is pleased to submit the following proposal an Excel Horizontal Baler. Equipment details are as follows:

One (1) New Excel Model EX63 Horizontal Baler - Includes the following:

1. 20 HP 230/460 Volt Motor

2. Full penetrating main ram (within 4" of door)

3. Safety interlocked door (automatically decompresses hydraulic system in the event of door being opened under pressure)

4. 3,000 PSI system pressure

5. 92 PSI ram face pressure

6. (2) 6" bore x 74" stroke cylinders

7. Tongue and groove style floor

8. Replaceable wear liners for platen travel

9. PLC controlled operation with selection of 29 second full stroke/21 second short stroke cycle time

10. Hydraulic door latch

11. Self-oiling cylinder bushings

12. 105 oil reservoir filled with high grade hydraulic oil

13. Standard load hopper

14. One year parts/labor warranty

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Apex Equipment LLC
PO Box 191
Mound, MN 55364
Phone: 612-750-0577
Email: [email protected]
Web Site: apexbalerequipment.com
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One (1) Baler Conveyor Kit (To Make Baler Conveyor Ready) – Includes hopper extension, upper photo eye, conveyor controls.

Baler Cost: $104,270.00
Installation – Includes the following:

1. Equipment off-load from truck (dock off-load)

2. Equipment placement and set up with existing conveyor

3. Start up, testing, training

4. Lifting equipment for dock off-load
Does Not Include:

1. Power hook up

2. Crane rental (if required)
Total Installation Cost: $ 6,500.00
Crane Rental: $ 1,300.00
Estimated Freight - freight rates are volatile and can change at any time. Only actual freight cost will be invoiced. $ 5,700.00 Trade Value of Existing Excel Model EX60 Horizontal Baler – Assumes baler is in good operating condition and not in need Of major hydraulic or structural repair: ( 5,500.00)
Payment terms are 30% upon order, 60% prior to ship, net upon delivery. Lead time is currently 10-12 weeks from receipt of order and down payment. Lead time and pricing is subject to change without notice.

Thank you for the opportunity to submit this proposal. Please sign and return to Apex Equipment to confirm your order.

Accepted By:
___________________________________________ Apex Equipment LLC Signature
___________________________________________
Name/Title
___________________________________________ Norm Leger
Date

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AGENDA BILL
Agenda Item No. 5.J.

Date: August 16, 2022
To: El Cerrito City Council
From: Sandra Dalida, Finance Director/City Treasurer, Finance Department Subject: One-Year Agreement between the City of El Cerrito and Chavan and Associates, LLP to perform required independent audit services for the Fiscal Year ending June 30, 2022.

ACTION PROPOSED
Adopt a resolution authorizing the City Manager to execute a one-year professional services agreement in an amount not to exceed $68,500.00 with Chavan and Associates, LLP, Certified Public Accountants (Chavan and Associates) to perform required independent audit services for the Fiscal Year ending June 30, 2022 including the Annual Comprehensive Financial Audit (ACFR), Single Audit, El Cerrito Public Financial Authority, City of El Cerrito’s Employees’ Pension Plan, GANN Appropriation Limit, Audit Report on Applying City of El Cerrito Master Installment Sale Agreement Compliance to Covenants, 2008 Sales Tax Revenue Bonds AUP, and Transportation Department Audit.

BACKGROUND/ANALYSIS
The City is required to obtain independent audit services to:
 Provide stakeholders with an auditor's opinion on whether the financial statements of an entity are presented fairly, free from material misstatements, and complied in all material respects.
 Comply with Office of Management and Budget Circular A-133 (Uniform Guidance) requirement for all non-federal government agencies spending more than $750,000 of federal awards in a fiscal year to obtain an annual audit from an independent certified public accountant.
 Assure required supplemental documents to the basic financial statements, as indicated by the Generally Accepted Accounting Principles (GAAP) and Governmental Accounting Standards Board (GASB), are included and subjected to methods of measurement and comparison for consistency.  Align with Government Finance Officers Association (GFOA) best practice recommendations that an annual audit of an agency’s financial statements be conducted by an external auditor.
 Align with the City Of El Cerrito’s Comprehensive Financial Policies, Section

5.1.1. Annual Audit requiring an annual audit performed by an independent public accounting firm.

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Agenda Item No. 5.J.

Additionally, these audits must be conducted in conformance with Generally Accepted Auditing Standards (GAAS) and the Government Auditing Standards/Generally Accepted Government Auditing Standards (GAGAS) by a licensed independent public accounting firm. Consequently, auditors complete a risk assessment at the beginning planning phase of each audit and create a list of items for testing.

The City of El Cerrito’s Comprehensive Financial Policies, Section 5.1.2 states the independent audit firm will be selected through a competitive bidding process at least once every five years. The contract may be for an initial period of three years, with two additional one-year options. In alignment with this requirement, in June 2017 the City entered into a three-year contract with Badawi & Associates for independent audit services and extended the contract for two additional one-year terms through June 30, 2021, and/or completion of FY 2021 audits, for a total of five years.

Due to the 6-month vacancy of the Finance Director/City Treasurer position, the development and release of the RFP for independent financial audit services did not occur in or around December 2021 to establish a City agreement for independent audit services for the period beginning with Fiscal Year ending June 30, 2022 (FY 2022).

Consequently, it is necessary to execute a one-year agreement for independent audit services to assure the City is in compliance with regulatory auditing requirements for FY 2022. The audit work for FY 2022 must begin in September to complete all audit requirements within established regulatory deadlines. Under Administrative Policy III.1, the procurement process for professional services such as these would normally include a request for proposals (“RFP”) and selection based upon demonstrated competence and professional qualifications. The Administrative Policy allows the City Council to dispense with the formal procurement process in several circumstances, including when “necessary to serve the best interests of the City.” (Section D.4.) In light of the abovedescribed circumstances, staff believes that dispensing with the formal RFP process for this one-year contract is appropriate to serve the interests of the City. The Finance Director/City Treasurer contacted two independent audit firms to obtain informal quotes.

Both audit firms have the necessary certifications, competence, and professional qualifications. Due to the timing of the required audit work to be performed for fiscal year ending June 30, 2022, only one audit firm responded.

The Finance Department is recommending that the City engage the services of Chavan and Associates to provide the required independent audit services for one-year for FY 2022. Chavan and Associates, based in San Jose, California, provides full range of auditing and compilation services, GASB implementation consulting, and IRS tax resolution, and financial management accounting services outsourcing and business service. Chavan and Associates has:
 Confirmed their capacity and willingness to realign audit schedules to assure the City of El Cerrito will complete audits, with the utmost confidence in the quality and thoroughness of the audit services, in adherence with regulatory requirements and within completion deadlines.
 Significant experience in auditing small-to-mid-sized government entities.

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Agenda Item No. 5.J.
 Assembled an audit team with expertise and qualities to perform all required audits.
 Peer Review Reports in accordance with the American Institute of Certified Accountants (AICPA) and referrals from Bay Area municipalities.  Personalized approach to service delivery and practical approach to fieldwork.

In January 2023, the Finance Department will develop and release the Request for Proposal (RFP) in accordance with the City’s procurement guidelines and Comprehensive Financial Policies, for independent financial audit services commencing with Fiscal Year ending June 30, 2023. The RFP will be posted on the City’s website, California Society of Municipal Finance Officers (CSMFO) website, Western Region Minority Supplier Development Council’s website, National Association of Women Business Owners, California website and other sites to enhance the City’s inclusive approach to attract a highly qualified and diverse pool of respondents for a three-year contract, and two additional one-year terms.

City staff recommends that the City Council approve the one-year contract with Chavan and Associates for financial audit services for the Fiscal Year ending June 30, 2022, in an amount not to exceed $68,500.00, and authorize the City Manager to execute the contract.

STRATEGIC PLAN CONSIDERATIONS
Adhering to audit requirements is aligned with the City’s Strategic Plan to achieve longterm 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
The cost associated with the professional services agreement to perform required independent audit services for the Fiscal Year ending June 30, 2022, in an amount not to exceed $68,500.00 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 legal considerations have been addressed.

Reviewed by:

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Agenda Item No. 5.J.

Karen Pinkos, City Manager
Attachments:

1. Resolution

2. Chavan and Associates - Engagement Letter Fiscal Year Ending 06-30-22 Agenda Packet Page 58 of 497
RESOLUTION 2022-XX

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

THE CITY MANAGER TO EXECUTE A ONE-YEAR PROFESSIONAL SERVICES

AGREEMENT WITH CHAVAN AND ASSOCIATES, LLP, CERTIFIED PUBLIC ACCOUNTS IN AN AMOUNT NOT TO EXCEED $68,500 FOR AUDITING AND

FINANCIAL SERVICES
WHEREAS, the City of El Cerrito seeks to secure professional services with the required certifications and knowledge and experience to perform auditing and financial services on behalf of the City; and
WHEREAS, the City is required to obtain independent audit services to conduct independent annual audits by a licensed independent public accounting firm in compliance with Office of Management and Budget Circular A-133 requirements for nonfederal government agencies, State of California Code 53891, and ensure the required supplemental documents to the basic financial statements as indicated by Generally Accepted Accounting Principles and Governmental Accounting Standards Board; and WHEREAS, in June 2017 the City entered into a three-year contract to provide independent audit services, and the contract was extended for the maximum of two additional one-year terms through June 30, 2021, and/or completion of FY 2021 audits, for a total of five years; and
WHEREAS, THE City of El Cerrito’s Comprehensive Financial Policies, Section

5.1.1, states the independent audit firm will be selected through a competitive bidding process at least once every five years. However, due to the vacancy of the Finance Director/City Treasurer position, the Request for Proposal process for independent financial audit services was delayed; and
WHEREAS, Administrative Policy III.1, the procurement process for professional services such as these would normally include a request for proposals (“RFP”) and selection based upon demonstrated competence and professional qualifications. The Administrative Policy allows the City Council to dispense with the formal procurement process in several circumstances, including when “necessary to serve the best interests of the City.” (Section D.4.) In light of the above-described circumstances, staff believes that dispensing with the formal RFP process for this one-year contract is appropriate to serve the interests of the City; 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 one-year agreement between the City of El Cerrito and Chavan and Associates, LLP, Certified Public Accountants in an amount not to exceed $68,500, to perform required independent audit services for the fiscal year ending June 30, 2022.

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

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I CERTIFY that at a regular meeting on August 16, 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 August , 2022.

Holly M. Charléty, City Clerk
APPROVED:

Gabe Quinto, Mayor
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July 18, 2022
City of El Cerrito
10890 San Pablo Avenue
El Cerrito, CA 94530
We are pleased to confirm our understanding of the services requested by the City of El Cerrito (the “City”) for the fiscal year ending June 30, 2022. We will audit the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City and the related notes to the financial statements, which collectively comprise the City’s basic financial statements as listed in the table of contents.

In addition, we will audit the City’s compliance over major federal award programs each fiscal year. We are pleased to confirm our acceptance and our understanding of this audit engagement by means of this letter. Our audits will be conducted with the objectives of our expressing an opinion on each opinion unit and an opinion on compliance regarding the City’s major federal award programs.

The objectives of our audit of the financial statements are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with auditing standards generally accepted in the United States of America (GAAS), and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States of America (GAGAS), will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.

The objectives of our compliance audit are to obtain sufficient appropriate audit evidence to form an opinion and report at the level specified in the governmental audit requirement about whether the City complied in all material respects with the applicable compliance requirements and identify audit and reporting requirements specified in the governmental audit requirement that are supplementary to GAAS and Government Auditing Standards, if any, and perform procedures to address those requirements.

Accounting principles generally accepted in the United States of America, (U.S. GAAP), as promulgated by the Governmental Accounting Standards Board (GASB), require that the items noted below be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the GASB, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the required supplementary information (RSI) in accordance Agenda Packet Page 61 of 497
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with auditing standards generally accepted in the United States of America, (U.S. GAAS). These limited procedures will consist primarily of inquiries of management regarding their methods of measurement and presentation and comparing the information for consistency with management’s responses to our inquiries. We will not express an opinion or provide any form of assurance on the RSI. The following RSI is required by U.S. GAAP and will be subjected to certain limited procedures but will not be audited:

1. Management’s discussion and analysis.

2. Major fund budget to actual schedules.

3. Pension schedules.

4. Other postemployment benefit schedules.

Supplementary Information Other than RSI
Supplementary information other than RSI will accompany the City’s basic financial statements.

We will subject the following supplementary information to the auditing procedures applied in our audit of the basic financial statements and perform certain additional procedures, including comparing and reconciling the supplementary information to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and additional procedures in accordance with U.S. GAAS.

We intend to provide an opinion on the following supplementary information in relation to the financial statements as a whole:

1. Nonmajor fund combining balance sheets and schedules of revenues, expenditures and changes in fund balances.

2. Nonmajor budgetary comparison schedules, as applicable.

3. Fiduciary fund statements, as applicable.

4. The schedule of expenditures of federal awards.

5. Other supplementary schedules required by state and federal guidelines and subjected to the auditing standards identified in this letter unless such schedules are specifically listed as unaudited.

Also, the document we submit to you will include the following other additional information that will not be subjected to the auditing procedures applied in our audit of the basic financial statements:

1. ACFR introductory section.

2. Statistical tables.

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Schedule of Expenditures of Federal Awards
We will subject the schedule of expenditures of federal awards to the auditing procedures applied in our audit of the basic financial statements and certain additional procedures, including comparing and reconciling the schedule to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and additional procedures in accordance with auditing standards generally accepted in the United States of America. We intend to provide an opinion on whether the schedule of expenditures of federal awards is presented fairly in all material respects in relation to the financial statements as a whole.

Data Collection Form
Prior to the completion of our engagement, we will complete the sections of the Data Collection Form that are our responsibility. The form will summarize our audit findings, amounts and conclusions. It is management’s responsibility to submit a reporting package including financial statements, schedule of expenditure of federal awards, summary schedule of prior audit findings and corrective action plan along with the Data Collection Form to the federal audit clearinghouse.

The financial reporting package must be text searchable, unencrypted, and unlocked. Otherwise, the reporting package will not be accepted by the federal audit clearinghouse. We will assist you in the electronic submission and certification. You may request from us copies of our report for you to include with the reporting package submitted to pass-through entities.

The Data Collection Form is required to be submitted within the earlier of 30 days after receipt of our auditors’ reports or nine months after the end of the audit period, unless specifically waived by a federal cognizant or oversight agency for audits. Data Collection Forms submitted untimely are one of the factors in assessing programs at a higher risk.

Audit of the Financial Statements
We will conduct our audit in accordance with U.S. GAAS, the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States of America, and the audit requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). As part of an audit of financial statements in accordance with GAAS, and in accordance with Government Auditing Standards, we exercise professional judgment and maintain professional skepticism throughout the audit. We also complete the following:
• Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting Agenda Packet Page 63 of 497
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from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit.
• Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation.
• Conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City’s ability to continue as a going concern for a reasonable period of time.

Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements or noncompliance (whether caused by errors, fraudulent financial reporting, misappropriation of assets, detected abuse, or violations of laws or governmental regulations) may not be detected exists, even though the audit is properly planned and performed in accordance with U.S. GAAS and Government Auditing Standards of the Comptroller General of the United States of America. Please note that the determination of abuse is subjective and Government Auditing Standards does not require auditors to detect abuse.

Our responsibility as auditors is limited to the period(s) covered by our audit and does not extend to any other periods.

We will issue a written report upon completion of our audit of the City’s basic financial statements. Our report will be addressed to governing body of the City. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinions, add an emphasis-of-matter or other-matter paragraph(s) to our auditor’s report, or if necessary, withdraw from the engagement. If our opinions on the basic financial statements are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement.

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In accordance with the requirements of Government Auditing Standards, we will also issue a written report describing the scope of our testing over internal control over financial reporting and over compliance with laws, regulations, and provisions of grants and contracts, including the results of that testing. However, providing an opinion on internal control and compliance over financial reporting will not be an objective of the audit and, therefore, no such opinion will be expressed.

Audit of Major Program Compliance
Our audit of the City’s major federal award program(s) compliance will be conducted in accordance with the requirements of the Single Audit Act, as amended; and the provisions of U.S. Office of Management and Budget’s (OMB) Uniform Guidance; and will include tests of accounting records, a determination of major programs in accordance with Uniform Guidance, and other procedures we consider necessary to enable us to express such an opinion on major federal award program compliance and to render the required reports. We cannot provide assurance that an unmodified opinion on compliance will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion or withdraw from the engagement.

The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether material noncompliance with applicable laws and regulations, the provisions of contracts and grant agreements applicable to major federal award programs, and the applicable compliance requirements occurred, whether due to fraud or error, and express an opinion on the City’s compliance based on the audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control.

Noncompliance with the compliance requirements is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City’s compliance with the requirements of the federal programs as a whole.

As part of a compliance audit in accordance with GAAS, and in accordance with Government Auditing Standards, we exercise professional judgment and maintain professional skepticism throughout the audit. We also identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks.

Our procedures will consist of determining major federal programs and, performing the applicable procedures described in the U.S. Office of Management and Budget OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City’s major programs, and performing such other procedures as we consider necessary in the circumstances. The purpose of those procedures will be to express an opinion on Agenda Packet Page 65 of 497
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the City’s compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance.

Also, as required by the Uniform Guidance, we will obtain an understanding of the City’s internal control over compliance relevant to the audit in order to design and perform tests of controls to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each of the City’s major federal award programs. Our tests will be less in scope than would be necessary to render an opinion on these controls and, accordingly, no opinion will be expressed in our report. However, we will communicate to you, regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we have identified during the audit.

We will issue a report on compliance that will include an opinion or disclaimer of opinion regarding the City’s major federal award programs, and a report on internal controls over compliance that will report any significant deficiencies and material weaknesses identified; however, such report will not express an opinion on internal control.

Management’s Responsibilities
Our audit will be conducted on the basis that management acknowledge and understand that they have responsibility:

1. For the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America;

2. For the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error;

3. For identifying, in its accounts, all federal awards received and expended during the period and the federal programs under which they were received;

4. For maintaining records that adequately identify the source and application of funds for federally funded activities;

5. For preparing the schedule of expenditures of federal awards (including notes and noncash assistance received) in accordance with the Uniform Guidance;

6. For designing, implementing, and maintaining effective internal control over federal awards that provides reasonable assurance that the entity is managing federal awards in compliance with federal statutes, regulations, and the terms and conditions of the federal awards;

7. For identifying and ensuring that the entity complies with federal laws, statutes, regulations, rules, provisions of contracts or grant agreements, and the terms and conditions of federal award programs, and implementing systems designed to achieve compliance with applicable federal statutes, regulations, and the terms and conditions of federal award programs;

8. For disclosing accurately, currently, and completely the financial results of each federal award in accordance with the requirements of the award; Agenda Packet Page 66 of 497
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9. For identifying and providing report copies of previous audits, attestation engagements, or other studies that directly relate to the objectives of the audit, including whether related recommendations have been implemented;

10. For taking prompt action when instances of noncompliance are identified;

11. For addressing the findings and recommendations of auditors, for establishing and maintaining a process to track the status of such findings and recommendations and taking corrective action on reported audit findings from prior periods and preparing a summary schedule of prior audit findings;

12. For following up and taking corrective action on current year audit findings and preparing a corrective action plan for such findings;

13. For submitting the reporting package and data collection form to the appropriate parties;

14. For making the auditor aware of any significant contractor relationships where the contractor is responsible for program compliance;

15. To provide us with:
a. Access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements including the disclosures, and relevant to federal award programs, such as records, documentation, and other matters; b. Additional information that we may request from management for the purpose of the audit;
c. Unrestricted access to persons within the entity from whom we determine it necessary to obtain audit evidence;
d. A written acknowledgement of all the documents that management expects to issue that will be included in the annual report and the planned timing and method of issuance of that annual report; and
e. A final version of the annual report (including all the documents that, together, comprise the annual report) in a timely manner prior to the date of the auditor’s report.

16. For adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the current year period(s) under audit are immaterial, both individually and in the aggregate, to the financial statements as a whole;

17. For acceptance of nonattest services, including identifying the proper party to oversee nonattest work;

18. For maintaining adequate records, selecting and applying accounting principles, and safeguarding assets;

19. For informing us of any known or suspected fraud affecting the entity involving management, employees with significant role in internal control and others where fraud could have a material effect on compliance;

20. For the accuracy and completeness of all information provided;

21. For taking reasonable measures to safeguard protected personally identifiable and other sensitive information; and

22. For confirming your understanding of your responsibilities as defined in this letter to us in your management representation letter.

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With regard to the supplementary information and schedule of expenditures of federal awards (SEFA) referred to above, you acknowledge and understand your responsibility (a) for the preparation of the supplementary information and SEFA in accordance with the applicable criteria, (b) to provide us with the appropriate written representations regarding the supplementary information and SEFA, (c) to include our report on the supplementary information and the SEFA in any document that contains the supplementary information and that indicates that we have reported on such supplementary information and the SEFA, and (d) to present the supplementary information and the SEFA with the audited financial statements, or if the supplementary information and the SEFA will not be presented with the audited financial statements, to make the audited financial statements readily available to the intended users of the supplementary information and the SEFA no later than the date of issuance by you of the supplementary information and the SEFA and our reports thereon.

As part of our audit process, we will request from management, written confirmation concerning representations made to us in connection with the audit.

We understand that your employees will prepare all confirmations we request and will locate any documents or invoices selected by us for testing.

If you intend to publish or otherwise reproduce the financial statements and make reference to our firm, you agree to provide us with printers’ proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed.

Nonattest Services
With respect to any nonattest services we perform, we will not assume management responsibilities on behalf of the City. However, we will provide advice and recommendations to assist City management in performing its responsibilities. At the end of the year, we agree to perform the following:
• Prepare the audited financial statements (ACFR), related note disclosures, required supplementary information, supplementary information (as noted above), the schedule of expenditures of federal awards, and the data collection form. These items will be prepared from information prepared and provided by the City during our audit, such as the City’s trial balance.
• Propose adjusting or correcting journal entries to be reviewed and approved by City management.

City management is responsible for (a) making all management decisions and performing all management functions; (b) assigning a competent individual to oversee the services; (c) evaluating the adequacy of the services performed; (d) evaluating and accepting responsibility for the results of the services performed; and (e) establishing and maintaining internal controls, including monitoring ongoing activities.

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Our responsibilities and limitations of the nonattest services are as follows:
• We will perform the services in accordance with applicable professional standards, including GAAS, GAGAS, GASB and U.S. GAAP.
• The nonattest services are limited to the services previously outlined above. Our firm, in its sole professional judgment, reserves the right to refuse to do any procedure or take any action that could be construed as making management decisions or assuming management responsibilities, including determining account coding and approving journal entries. Our firm will advise the City with regard to certain positions taken in the preparation of the audited financial statements, but City must make all decisions with regard to those matters.

Government Auditing Standards require that we document an assessment of the skills, knowledge, and experience of management, should we participate in any form of preparation of the basic financial statements and related schedules or disclosures as these actions are deemed a non-audit service.

Audit Administration and Fees
The following is a summary of the estimated audit timeline:

Segment Estimated Phase
Entrance Conference August 1, 2022 I
Audit Planning C&A's Office August 1, 2022 I
List of Items Required by Client August 1, 2022 I
Preparation and Mailing of Confirmation Letters to 3rd Parties August 1, 2022 I Interim Testing September 19, 2022 I
Interim Exit Conference and Completion September 30, 2022 I Year-end Field Work Planning Meeting September 30, 2022 II Update List of Items Required by Client - Final (Initial Done at Interim) September 30, 2022 II Year-end Field Work and Compliance Testing December 5, 2022 II Exit Conference December 16, 2022 II
Progress List of Management Point and Recommendations December 16, 2022 II Final List of Management Point and Recommendations January 6, 2023 II/III Audit Adjustments January 6, 2023 II/III
Draft Reports, Financials, Management Letters January 13, 2023 III Final Reports, Financials, Management Letters January 27, 2023 III Council, Commission & Public Presentations As Needed III Agenda Packet Page 69 of 497
Page | 10 15105 Concord Circle, Ste. 130, Morgan Hill, CA 95037 Tel: 408-217-8749 • E-Fax: 408-872-4159
[email protected] • www.cnallp.com
Our all-inclusive maximum fee for these services will be as follows:

Services Hours 2022
City Audit, Reports, ACFR and Opinions 350 $ 45,000
Single Audit (2 Major Programs) 40 5,000
City's Employees' Pension Plan 8 1,000
City's Public Financing Authority 12 1,500
TDA Audit 16 2,000
2008 Sales Tax Revenue Bonds AUP 16 2,000
GANN Limit 12 1,500
Meals, Lodging and Transportation N/A Included
Consulting, Updates and Guidance N/A Included
Present Reports to Council and Committees N/A Included
Conversion Entries N/A Included
Subtotal Base Audit 454 58,000
Management Letters & Findings 20 4,000
Beginning Balance Procedures 20 2,500
Annual Financial Transactions Report 20 4,000
Total All-Inclusive Maximum Price 514 $ 68,500
Note: The total all-inclusive maximum price includes one-time fees to write-up findings and issue a management letter that is above and beyond the normal deliverables expected in the scope of an audit. In addition, we expect the audit to require additional procedures to substantiate and reconcile beginning balances with the prior audited financial statements.

Our fees include out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.).

Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit as follows:

Engagement Partner $300 per hour
Associate Partner $250 per hour
Manager/Supervisor $150 per hour
Senior Auditor $125 per hour
Staff Auditor $100 per hour
Administrative $85 per hour
Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes thirty days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report.

Agenda Packet Page 70 of 497
Page | 11 15105 Concord Circle, Ste. 130, Morgan Hill, CA 95037 Tel: 408-217-8749 • E-Fax: 408-872-4159
[email protected] • www.cnallp.com
You will be obligated to compensate us for all time expended and to reimburse us for all out-ofpocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If cooperation is not provided as anticipated and at a level that hinders the progress of the services to be provided, we retain the right to terminate the contract for cause with thirty (30) days’ notice. During that time, the City will have the opportunity to provide the cooperation required to complete the audit and C&A may rescind the cancellation.

If the services to be performed by C&A are not performed in an acceptable manner to the City, the City may cancel this contract for cause by providing notice to C&A, giving at least thirty (30) days’ notice of the proposed cancellation and the reasons for same. During that time period, C&A may seek to bring the performance of services to a level that is acceptable to the City, and the City may rescind the cancellation if such action is in City’s best interest. Not-withstanding the above provisions, the City may, upon the expiration of thirty (30) days written notice to C&A, terminate the agreement at will. Payment for services or goods received prior to termination shall be made by the City provided those goods or services were provided in a manner acceptable to the City. Payment for those goods and services shall not be unreasonably withheld.

Sheldon Chavan, CPA, is the engagement partner for the audit services specified in this letter.

His responsibilities include supervising Chavan & Associates LLP’s services performed as part of this engagement and signing or authorizing another qualified firm representative to sign the audit report.

Other Matters
During the course of the engagement, we may communicate with you or your personnel via fax or e-mail, and you should be aware that communication in those mediums contains a risk of misdirected or intercepted communications.

Regarding the electronic dissemination of audited financial statements, including financial statements published electronically on your Internet website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document.

Professional standards prohibit us from being the sole host and/or the sole storage for your financial and non-financial data. As such, it is your responsibility to maintain your original data and records and we cannot be responsible to maintain such original information. By signing this engagement letter, you affirm that you have all the data and records required to make your books and records complete.

The audit documentation for this engagement is the property of Chavan & Associates LLP and constitutes confidential information. However, we may be requested to make certain audit documentation available to state and federal agencies and the U.S. Government Accountability Agenda Packet Page 71 of 497
Page | 12 15105 Concord Circle, Ste. 130, Morgan Hill, CA 95037 Tel: 408-217-8749 • E-Fax: 408-872-4159
[email protected] • www.cnallp.com
Office pursuant to authority given to it by law or regulation, or to peer reviewers. If requested, access to such audit documentation will be provided under the supervision of Chavan & Associates LLP’s personnel. Furthermore, upon request, we may provide copies of selected audit documentation to these agencies and regulators. The regulators and agencies may intend, or decide, to distribute the copies of information contained therein to others, including other governmental agencies. We agree to retain our audit documentation or work papers for a period of at least seven years from the date of our report.

We will be available during the year to consult with you on financial management and accounting matters of a routine nature. You agree to inform us of facts that may affect the financial statements of which you may become aware during the period from the date of the auditor’s report to the date the financial statements are issued.

During the course of the audit, we may observe opportunities for economy in, or improved controls over, your operations. We will bring such matters to the attention of the appropriate level of management, either orally or in writing.

At the conclusion of our audit engagement, we will communicate to management and the Board the following significant items from the audit:
• Our view about the qualitative aspects of the City’s significant accounting practices; • Significant difficulties, if any, encountered during the audit; • Uncorrected misstatements, other than those we believe are trivial, if any; • Disagreements with management, if any;
• Other findings or issues, if any, arising from the audit that are, in our professional judgment, significant and relevant to those charged with governance regarding their oversight of the financial reporting process;
• Material, corrected misstatements that were brought to the attention of management as a result of our audit procedures;
• Representations we requested from management;
• Management’s consultations with other accountants, if any; and • Significant issues, if any, arising from the audit that were discussed, or the subject of correspondence, with management.

In accordance with the requirements of Government Auditing Standards, we have attached a copy of our latest external peer review report of our firm for your consideration and files, unless a copy was already provided with our proposal.

If the foregoing is in accordance with your understanding, please indicate your agreement by signing this letter and emailing it to us at [email protected] or following the DocuSign link. If you have any questions, please let us know.

We appreciate the opportunity to be your financial statement auditors and look forward to working with you and your staff.

Agenda Packet Page 72 of 497
Page | 13 15105 Concord Circle, Ste. 130, Morgan Hill, CA 95037 Tel: 408-217-8749 • E-Fax: 408-872-4159
[email protected] • www.cnallp.com
Very truly yours,
Sheldon Chavan, CPA, Managing Partner
Chavan & Associates, LLP
RESPONSE:

This letter correctly sets forth the understanding of the City of El Cerrito.

Signature:

Title:

Date:

Agenda Packet Page 73 of 497

AGENDA BILL
Agenda Item No. 5.K.

Date: August 16, 2022
To: El Cerrito City Council
From: Karen Pinkos, City Manager, City Management
Subject: Fiscal Recovery and Sustainability Plan

ACTION PROPOSED
Receive and approve the updated Fiscal Recovery and Sustainability Plan to be submitted to the California State Auditor

BACKGROUND/ANALYSIS
In March 2021, the California State Auditor issued its report on the City of El Cerrito as part of its Local High Risk Program. Since then, the City has responded as required to the State Auditor's report, developed a Corrective Action Plan, and has provided the required six-month updates on progress in September 2021 and March 2022.

Information on the City's responses to the State Auditor are on the City's website at www.el-cerrito.org/1565/State-Auditors-Report. At this time, the City has not received a response to the March 2022 Progress Report Update from the State Auditor, and the Local High Risk Dashboard on the State Auditor's website has not been updated with the FY 2021-22 data that determines the City's ranking. The current Dashboard is utilizing data from two fiscal years ago (FY 2019-20). The City's next response to the State Auditor is due on September 16, 2022.

One of the high risk areas identified was the lack of a formal Fiscal Recovery Plan, and the report recommended the development of such a plan in order to ensure accountability in the fiscal recovery process. The plan should describe its goals and intended corrective actions, prioritize its resources, identify individuals responsible for monitoring its progress in implementing each action, and outline when it anticipates completing key milestones related to each action. The City agreed with this recommendation and has worked since then to develop strategies for such a plan.

The City Council adopted its FY 2021-22 budget in July 2021 that included many of the elements as discussed in the Corrective Action Plan sent to the State Auditor in May 2021, and both the Fiscal Response Plan adopted in 2020 and the Corrective Action Plan were included within the budget document. The Council then met on August 31, 2021 and held a study session facilitated by local government consultant Management Partners to discuss the City’s short-term recovery and long-term financial sustainability, which resulted in the creation of the draft Fiscal Recovery and Sustainability Plan. This Plan contains strategies to move the City from its previous crisis response to a measured approach toward long term fiscal health, and provides a progress report on the actions taken since 2020.

Agenda Packet Page 74 of 497
Agenda Item No. 5.K.

The Fiscal Recovery and Sustainability Plan was submitted in draft form to the State Auditor in March 2022. The Plan's elements were also incorporated within the FY 2022- 23 budget process and the budget document. Since the budget process has concluded, with the strategies in the draft Fiscal Recovery and Sustainability Plan incorporated into the budget document, staff met with the Council Subcommittee of Mayor Pro Tem Motoyama and Councilmember Rudnick to review this updated and revised Plan. As a result, this Plan is being presented to the City Council to provide an update on its progress and to approve its submittal to the State Auditor for the September 16, 2022 response.

The Plan has four sections: 1) Actions Approved by Council in August 2020 as part of the Fiscal Response Plan; 2) Additional Actions Identified by the City through FY 2021- 22; 3) Additional Actions Recommended by the State Auditor’s Report; and 4) Future Actions beginning in FY 2022-23. As the Plan shows, most of the items in the first three sections, including the Recommendations by the State Auditor, are completed. Some highlights of note, as previously discussed with the City Council, include:
 The Classification and Compensation Study, which will also address organizational functions and compensation policy, is beginning this month.  Addressing pension obligations by establishing a Section 115 trust is underway at a staff level and will be reviewed by the City Council and the Financial Advisory Board (FAB) in the coming weeks.
 Preliminary estimates indicate that due to the overwhelming success of the fundraising for and attendance at the July 4/World One Festival, the event was able to cover its costs without impact to the General Fund (and may have achieved a small net revenue surplus).
 Most of the State Auditor recommendations, especially those concerning fund balance and budget monitoring, are complete and those strategies implemented to do so remain ongoing.
 City staff is working with the National Research Center to again conduct the National Community Survey (NCS) in order to determine resident satisfaction with services and help frame future priorities; the last NCS was completed in 2018-19.
 City staff is planning to re-start the process of updating the Citywide Strategic Plan, which had been stalled due to the pandemic and pivot to the Fiscal Response Plan. The Strategic Plan will set priorities and goals with and for the community, and provide the basis and alignment to future budgets.  City staff continues to work with the FAB on creating policies for City Council consideration and adoption that will ensure accountability for continuing best practices and achieve long-term financial sustainability.

This Plan, along with updates on all of the identified High Risk areas and recommendations, will be completed and submitted to the State Auditor on September 16, 2022.

Agenda Packet Page 75 of 497
Agenda Item No. 5.K.

STRATEGIC PLAN CONSIDERATIONS
This item is consistent with Goal B: Achieve long-term financial sustainability.

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

FINANCIAL CONSIDERATIONS
The Fiscal Recovery and Sustainability Plan outlines actions taken, actions ongoing, and future actions to ensure the City's fiscal sustainability. These actions have provided the City with a basis to move forward as we continue to improve our fiscal health, and have been successful as demonstrated through the City's Annual Comprehensive Financial Report (ACFR) and budget document. City staff will continue to work through the strategies in this Plan and will provide regular updates to the City Council and State Auditor.

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

Reviewed by:

Alexandra Orologas, Assistant City Manager
Attachments:

1. Draft Fiscal Recovery and Sustainability Plan
Agenda Packet Page 76 of 497
City of El Cerrito
Fiscal Recovery and Sustainability Plan
DRAFT – August 2022
Agenda Packet Page 77 of 497
Area Description Key Action Steps
Lead Staff
Member
Target Date of
Completion
Annual Fiscal
Impact Status Comments
Actions Approved by Council in August 2020 – Fiscal Response Plan Recreation
Business Services
Eliminate the
Management Analyst
II position
 Reorganize Admin Clerk Specialists (2) to
report to the Management Assistant
 Transition some duties to the Director and
Supervisors
 Eliminate the Management Analyst II
position
Recreation
Director January 2021
20-21: $83,000
Ongoing:
$166,000 Complete
Finance
Administration
Eliminate one
Accounting
Technician;
outsource payroll to
third-party vendor
 Establish that timesheets are still handled by
departments
 Research and identify a third-party vendor to
contract with for payroll
 Assign an Accountant and/or Accounting
Manage to handle internal review of payroll
as processed by vendor
Finance
Director January 2021
20-21: $12,500
Ongoing:
$25,000 Complete
City Manager’s
Office/City Hall
Administration
Eliminate
Management
Assistant position
 Reallocate and (in some cases) reduce
administrative duties in the City Manager’s
Office and City Clerk’s Office among
remaining staff
 Identify the effects on public information,
risk management claims processing,
passport services (to be eliminated)
 Reassign remaining duties to Administrative
Clerk Specialist
Assistant City
Manager January 2021
20-21: $55,000
Ongoing:
$110,000 Complete
Passport
Acceptance
Services
Eliminate passport
acceptance services
 Eliminate passport acceptance services
 Create materials and protocols for directing
people to the nearest Passport Acceptance
agency (post office) City Clerk August 2020
20-21:
$13,750
Ongoing:
$15,000 Complete
Public
Information,
Special Projects
Eliminate Assistant to
City Manager
position
 Identify tasks completed by the Assistant to
the City Manager and reassign where
possible
 Eliminate the Assistant to the City Manager
position City Manager January 2021
20-21:
$110,000
Ongoing:
$220,000 Complete
Decrease in public
information,
research/analysis, and
special projects support
Agenda Packet Page 78 of 497
Area Description Key Action Steps
Lead Staff
Member
Target Date of
Completion
Annual Fiscal
Impact Status Comments
Police Traffic
Enforcement1
Eliminate two traffic
officers
 Meet and confer with Police Union to discuss
the proposed staffing changes
 Communicate shifted traffic enforcement
duties to patrol officers
 Schedule trainings as needed Police Chief January 2021 20-21:
$107,500
Ongoing:
$215,000 Complete
Reduction in dedicated
traffic enforcement
services, absorbed by
patrol officers; net of
revenue reduction of
$100,000.

Police Special
Operations/
Traffic1
Eliminate 1 police
sergeant position
 Meet and confer with Police Union to discuss
the proposed staffing changes
 Communicate change in special operations
duties to other supervisory and management
staff Police Chief January 2021
20-21:
$145,000
Ongoing:
$290,000 Complete
Eliminating traffic
enforcement allows for
transition of special
operations duties to be
consolidated where
necessary across other
supervisory/management
positions.

Police
Administrative
Oversight1
Replace sworn
Lieutenant position
with a non-sworn
Manager
 Create a job description for a Records,
Property and Evidence Manager
 Conduct a recruitment for the new position
 Onboard and train the new manager Police Chief January 2021 20-21: $45,000
Ongoing:
$90,000 Complete
Results in a reduction in
salary and benefits by
25% from the previous
Lieutenant position.

Landscape
Maintenance
Contract
Reduce contract
landscape
maintenance service
levels
 Contact the landscape maintenance vendor
and reduce contract size and frequency
 Shift partial costs to Measure H funds where
possible
 Eliminate commercial landscaping
rehabilitation and replacements
Public Works
Director October 2020
20-21:
$123,750
Ongoing:
$165,000 Complete
These costs were beyond
those that were included
in the City's original $2
million budget reductions.

Publications (e.g.,
City Newsletter)
Eliminate production
and prints costs of
publishing city
newsletters and
other printed
materials
 Eliminate production of City newsletter and
other published materials
 Develop practices and systems for sharing
information on the City website
Assistant City
Manager
September
2020 $35,000 Complete
The City has reduced
expenses by $10,000.

Fourth of July
Event
Reduce/eliminate
General Fund subsidy
for July 4 Festival
 Solicit donations from local businesses and
organizations
Recreation
Director July 2022 None Complete
Preliminary net revenue
for 2022 is approximately
$5000 due to $68K in
donations and
fundraising; City and
Agenda Packet Page 79 of 497
Area Description Key Action Steps
Lead Staff
Member
Target Date of
Completion
Annual Fiscal
Impact Status Comments
 Evaluate if the donations offset the full costs
of the event, including staff time and public
safety costs
 If donations do not fully cover the costs of
the event, eliminate the 4th of July event
 Communicate the changes to the public
Council will continue
fundraising efforts and
working with community
partners to assist in
funding future special
events.

Integrated Waste
Management
Outsource recycling
program to solid
waste provider under
franchise agreement;
assess franchise fee
of at least 15%
 Evaluate impacts of outsourcing recycling
program to solid waste provider
 Renegotiate solid waste franchise
agreement, which expires in 2025
 Include recycling program in next RFP for
solid waste provider
 Transfer recycling program duties from City
staff to successor solid waste provider
Public Works
Director January 2026 Undetermined
In
Progress
The City is currently
conducting a study on this
topic.

Additional Actions Identified by the City through FY 2021-22 Management and
Confidential
One-time reductions
for management and
confidential
employees
 Eliminate COLA for 2021 and 2022
 Eliminate auto allowance
 Institute 3% PERS contribution
 Institute 26 furlough days FY 2020-21; 15
furlough days FY 2021-22 City Manager
FY 2020-21 and
2021-22 $1,008,693 Complete
SEIU1
One-time reductions
negotiated with SEIU
employees
 Eliminate COLA
 Institute 21 Furlough days City Manager
FY 2020-21
only $540,110 Complete
PEA, Local 1230,
PSMA1
One-time reductions
negotiated with PEA,
Local 1230, and
PSMA employees  Eliminate COLAs (PEA twice) City Manager FY 2020-21
only $592,466 Complete
Cost Reductions
FY 2020-21
One-time reductions
for FY 2020-21
 Held vacant positions
 Reduced programs and contracts
 Shifted costs to special funds City Manager
FY 2020-21
only $1,631,848 Complete
Recreation Fee
Study
Conduct a study to
evaluate cost  Determine scope of fee study
Recreation
Director June 2024 Undetermined
Pending/
TBD
The City is at 80% cost
recovery in the Recreation
Agenda Packet Page 80 of 497
Area Description Key Action Steps
Lead Staff
Member
Target Date of
Completion
Annual Fiscal
Impact Status Comments
recovery levels and
adjust recreation
fees
 Decide to conduct the study internally or
through a consultant
 If relevant, issue an RFP or RFQ to select a
consultant
 Conduct a fee study for all recreation
programs to improve cost recovery levels
 Adjust fees as determined by the study
 Communicate any changes to the public and
other affected parties
Department. This study
would explore ways to
increase cost recovery
levels. However, because
of staffing resources as
well as uncertainty in
demand remaining due to
the pandemic, this study
would not be considered
until the pandemic issues
are resolved.

Additional Actions Recommended by the State Auditor’s Report Citywide
Organization
Assessment*
Conduct a citywide
organization
assessment to
evaluate staffing
needs and
opportunities
 Conduct an analysis of the organizational
structure of the city
 Assess the functions it needs to achieve its
goals
 Adjust organization charts and staffing levels
as needed to meet City service needs City Manager Undetermined Undetermined Pending/
TBD
The citywide
compensation and
classification study will
precede this assessment.

Because of the current
level of vacancies and
eliminated positions, City
Management is
continually evaluating
functions and strategically
restoring or repurposing
staffing to ensure service
delivery and cost
effectiveness.

Citywide
Compensation
Study*1
Conduct a citywide
compensation study
to compare salaries
with peer
jurisdictions
 Issue RFP to obtain proposals to conduct
compensation study
 Review proposals and seek Council approval
to proceed
 Engage consultant to perform compensation
study
 Compare total compensation for all positions
citywide with similar jurisdictions in the Bay
Area
Assistant City
Manager FY 2022-23
September
2023
In
Progress
Following an RFP selection
process, the City Council
approved a contract with
Koff and Associates to
conduct the study. Work
begins in September 2022
and is expected to take
approximately 12 months
to complete.

Agenda Packet Page 81 of 497
Area Description Key Action Steps
Lead Staff
Member
Target Date of
Completion
Annual Fiscal
Impact Status Comments
 Adjust compensation where possible,
particularly for new positions
Police Department
Organization and
Staffing
Assessment*1
Conduct an
organization and
staffing assessment
of the Police
Department
 Issue an RFP for a consultant to conduct a
staffing assessment of the department
 Conduct a staffing review of the department
to identify potential cost savings
 Negotiate with the police union to reduce
overtime threshold
City
Manager/
Police Chief Undetermined Undetermined
Pending/
TBD
The citywide
compensation and
classification study will
precede this assessment.

The Police Department
has been continuously
evaluating their staffing
and functions and has
reorganized in response
to vacancies. Currently,
due to vacancies the
Police Department is far
below full staffing.

Evaluate Contracts
for Police and
Fire*1
Evaluate the
possibility of
contracting with
other nearby
agencies for police
and fire services
 Conduct a feasibility assessment to
determine the possibility of contracting for
fire and police services
 Identify nearby agencies that could provide
these services
 Determine whether it would be more costeffective to contract with nearby fire or police departments for services
 Survey the public and other stakeholders to
assess interest in changing police and fire
services
 If determined to be more cost effective and
approved by Council, begin the process of
transitioning public safety services City Manager Undetermined Undetermined Not
Selected
On Aug 31, 2021, City
Council considered this
recommendation and
elected not to pursue a
contract for police
services with the County,
as it is not appropriate for
our community. They
directed staff to evaluate
options for shifting fire
services that did not
include fully contracting
the service with the
County.

EMS Cost
Recovery Study*
Evaluate cost
recovery for
providing EMS
services to Contra
Costa County
 Conduct a review to determine the costs of
providing EMS services for Contra Costa
County
 Evaluate whether the interagency
agreement with Contra Costa County
sufficiently covers the costs of operation
City
Manager/
Fire Chief April 2022 N/A Complete
City staff completed an
overview and analysis of
potential fees and
presented to City Council,
who determined not to
move forward with
Agenda Packet Page 82 of 497
Area Description Key Action Steps
Lead Staff
Member
Target Date of
Completion
Annual Fiscal
Impact Status Comments
 Discuss necessary changes with the County
and renegotiate contract when possible
instituting a charge for
EMS services.

Fiscal Recovery
Plan*
Develop and adopt a
Fiscal Recovery Plan
 Create a Fiscal Recovery Plan that includes
key action steps and individuals responsible
 Update the plan regularly and communicate
updates to the Council and the public City Manager
September
2022 Undetermined
Complete
/Ongoing
The City’s Fiscal Response
Plan was approved in
August 2020. A draft Fiscal
Recovery and
Sustainability plan was
included in the March
2022 update to the State
Auditor. Strategies were
included in the budget
document reviewed by
the City Council during the
budget process for FY
2022-23. This plan will be
reviewed again by City
Council in August 2022
prior to the September
2022 State Auditor
update.

Reduce Pension
Obligations*
Identify
opportunities and
methods for
decreasing pension
obligations
 Evaluate alternative methods for reducing
pension obligations, including a Section 115
Trust
 Assess the impact of increasing employee
contributions to pensions
 Identify steps for implementing the selected
strategy, including negotiating with labor
groups to increase staff pension
contributions if relevant
Finance
Director/City
Manager July 2023 Undetermined
In
Progress
The City is in the process
of evaluating a Section
115 pension trust and
other opportunities to
decrease the City’s UAL.

Staff plans to issue an RFP
this calendar year, will
review potential funding
policies with the Financial
Advisory Board, and
provide recommendations
to the City Council in the
coming months.

Accounting
System
Safeguards*
Remove accounting
system bypass option
 Identify and eliminate practice of bypassing
accounting system safeguards
Finance
Director June 2021 Undetermined Complete
The City has implemented
a Budget Transfer Request
Form for the use of
departments to reallocate
Agenda Packet Page 83 of 497
Area Description Key Action Steps
Lead Staff
Member
Target Date of
Completion
Annual Fiscal
Impact Status Comments
and enhance system
safeguards
 Formalize these changes in relevant policy
and procedures documents
 Communicate changes to affected staff
citywide
budgeted funds to line
items that need it, with
the approval of the City
Manager and Finance
Director.

Tax Revenue
Anticipation Notes
(TRANs)*
Reduce reliance on
TRANs
 Improve fiscal health to eliminate use of
TRANs
City
Manager/
Finance
Director June 2022 N/A
Complete
/Ongoing
This is completed and
ongoing. Because the City
has improved its General
Fund balance as of FY
2021-22 including receipt
of ARPA funding in May
2022, the City did not
issue a TRAN for FY 2022-

23. The City will continue
to ensure that cash flow is
sufficient so that a TRAN
is not needed in future
fiscal years.

Budget
Forecasting and
Projections*
Improve
transparency with
citywide budget
projections and
underlying
assumptions
 Use historical trends and analysis as the
basis for financial projections
 Document data and assumptions for budget
projections
 Share the assumptions and basis for
projections with the City Council
Finance
Director
September
2021 N/A
Complete
/Ongoing
The City included a 5 year
forecast and detailed
assumptions in the FY
2022 Budget Book and
has recently completed a
10-year forecast and
dashboard with
documented growth
assumptions. The forecast
has been updated and
shared with Council
throughout the fiscal year.

The forecast will be used
during each fiscal year
budget process and
published annually in the
Budget Book.

Agenda Packet Page 84 of 497
Area Description Key Action Steps
Lead Staff
Member
Target Date of
Completion
Annual Fiscal
Impact Status Comments
Monthly Budget
Updates*
Provide monthly
budget updates to
Council
 Establish monthly budget updates
 Include a comparison of actual expenditure
and revenue data by department
 Present updates to Council
Finance
Director/ City
Manager July 2021 N/A
Complete
/Ongoing
The City Council received
monthly budget reports
during FY 2021-22. Staff
has expanded and
improved the reports to
include narratives and
departmental
expense/revenue
information, and are now
presented quarterly to the
City Council.

Documentation of
Department
Budget
Development and
Projections*
Improve
transparency with
department-level
projections and
assumptions
 Document the assumptions used to develop
each department’s budget projections
 Share assumption information with the City
Council during the budget review process
Department
Heads/
Finance
Director June 2021 N/A
Complete
/Ongoing
This was included in the
FY 2022-23 budget
process.

Management
Compensation
Policy*
Evaluate ending the
practice of paying
some employees
above the
established salary
range threshold
 Evaluate the impact of ending the practice of
providing city management authority to pay
certain employees over the threshold
established in its salary ranges
 Compare this practice to peer agencies and
the impacts on staff recruitment and
retention
 If adopted, communicate the changes to
department heads and any other affected
parties City Manager June 2023 Undetermined
Pending/
TBD
The practice of increases
above control point has
not been allowed for the
past two fiscal years and
will not be considered for
the upcoming fiscal year.

Because there have not
been any increases for
Management/Confidential
employees for two fiscal
years, it is expected the
salary ranges are out of
date and the salaries will
be below market. The
merit increase system will
be re-evaluated beginning
with the upcoming
compensation study.

Agenda Packet Page 85 of 497
Area Description Key Action Steps
Lead Staff
Member
Target Date of
Completion
Annual Fiscal
Impact Status Comments
Retiree Health
Care Benefits
Eliminate or Reduce
Retiree Health Care
Benefits for City Staff
 Evaluate the feasibility of changing retiree
health care benefits for City staff
 Estimate the subsidy provided by the City
 If possible, increase contributions from City
staff to compensate for the costs of their
inclusion in the health care pool
Finance
Director/City
Manager
December
2021
$114,000 plus
elimination of
OPEB liability
over time Complete
The City worked with our
insurance broker and
vendors to separate the
retiree health costs from
the active employee
health costs and now
charge the retirees their
full cost. This has also
allowed the City to realize
some savings in the active
employee health costs,
and will serve to eliminate
the OPEB liability over
time.

Future Actions - beginning FY 2022-23
Conduct
Community
Survey
Conduct statistically
valid survey to
determine
community
satisfaction with
services
 Provide feedback on services to determine if
services provided are satisfactory
 Determine any issues with services for
improvement or changes to service delivery
 Provide baseline on community priorities
and focus for future planning efforts and
direction for City Council and staff City Manager
December
2022 N/A
In
Progress
City staff will engage the
National Research
Center/POLCO to
administer the survey as
in past years.

Update Citywide
Strategic Plan
Determine vision and
strategies for the
next 5-10 years
 Using survey, focus groups, and community
outreach, determine community priorities
and update the City’s mission, vision, values
 Develop goals based on community priorities
and actionable objectives and strategies to
complete
 Identify and determine resources to dedicate
to fulfilling strategic goals and objectives
 Update budget and budget document to
connect budget appropriations and
projections to strategic goals, ensuring that
all budget items are directly related to the
Strategic Plan City Manager Summer 2023 N/A
In
Progress
City staff will engage our
Strategic Plan consultants,
Management Partners, to
determine schedule and
work with the City Council
to facilitate updates and
workshops.

Agenda Packet Page 86 of 497
Area Description Key Action Steps
Lead Staff
Member
Target Date of
Completion
Annual Fiscal
Impact Status Comments
Update Financial
Policies
Review and update
financial polices to
ensure best practices
 Ensure policies are up-to-date and consistent
with GFOA and CSMFO best practices
 Create new policies based on new practices,
i.e. for fund balances or Section 115 Trust
 Work with City’s Financial Advisory Board to
research and develop recommendations
City
Manager/
Finance
Director Ongoing Undetermined
In
Progress/
Ongoing
FAB will be discussing the
Comprehensive Financial
Policy at its August
meeting with the
intention to provide a
recommendation to the
City Council at their
September meeting.
*Recommended in the State Auditor’s Report
1Requires collective bargaining with labor groups
Agenda Packet Page 87 of 497
West Contra Costa Unified School District | www.wccusd.net | #wholechildwholecommunity | @wccusd

UPDATE FROM WCCUSD

SUPERINTENDENT
Kenneth Chris Hurst, Sr., Ed.D
August 16, 2022
Agenda Item No. 6.A.

Agenda Packet Page 88 of 497
@wccusd

MEET YOUR SUPERINTENDENT
2 Kenneth C. Hurst, Sr., Ed.D
● 24 years in education
● Former Superintendent of Othello
School District
● Associate Superintendent in
Oceanside
● Administrator in San Diego
Unified and Poway Unified
● Math Teacher and Computer
Programming Teacher in Poway
Agenda Packet Page 89 of 497
3 Strategic Planning Process
Agenda Packet Page 90 of 497
@wccusd 4
Our Next Steps: Year 2

VET ORGANIZATIONS TO

SUPPORT PRIORITIES VIA

GUIDING COALITION TO
SUPPORT YEAR 2 WORK

DEVELOPMENT OF EQUITY

CORE VALUES & EQUITY
STATEMENT;

DEPARTMENT GOALS

FINALIZE, UNPACK AND

IMPLEMENT MISSION,

VISION, AND GRADUATE

PROFILE
Agenda Packet Page 91 of 497
@wccusd
Cohort Grad A-G Completion Rates
Agenda Packet Page 92 of 497
5 UC System Admission Rates
6 School 2021 2020 2019 3-Year Avg
Berkeley HS 76% 82% 75% 78%
El Cerrito HS 77% 76% 71% 75%
Albany HS 64% 81% 77% 74%
Leadership (LPS) 80% 68% 68% 72%
Summit K2 63% 76% N/A 70%
Bentley 66% 80% 61% 69%
Oakland Tech 68% 68% 69% 68%
Piedmont 61% 73% 66% 67%
Salesian 69.00% 76% 52.10% 65.70%
St. Mary's 57% 72% 59% 63%
College Prep (CPS) 66% 65% 57% 63%
Tilden Prep 67% 40% 69% 59%
Head Royce 60% 61% 55% 59%
Agenda Packet Page 93 of 497
CSU System Admission Rates
7 School 2021
Summit K2 100%
Salesian 100%
St. Mary's 100%
Tilden Prep 100%
Leadership (LPS) 99%
El Cerrito HS 94%
Oakland Tech 94%
Berkeley HS 92%
Albany HS 91%
Head Royce 84%
Bentley 82%
Piedmont 81%
College Prep (CPS) 33%
Agenda Packet Page 94 of 497
Program Offerings
8 El Cerrito Schools Academic Program After-School Program El Cerrito High Information Technology Academy
Multimedia Academy
Staff focus on equity & mastery
Multitude of Advanced Placement
Offerings
Host site for WCCUSD College & Career
Fair
Host site for WCCUSD SAT testing
Robust Athletic Program: Track went to state!
Student participation in a variety of student-driven
clubs
Thriving VAPA Programs: band, dance, and art
James Morehouse Project (student mental health
Korematsu Spanish DLI program
Full Spanish Language Elective Program
Robust SPED Program & Opportunities for
students to be included in Gen Ed
Diverse & robust ELL program
Gateway to Technology class from Project
Lead the Way thanks to grant from
Chevron
Community Garden is thriving
After school sports program are growing and kids
are loving it!
School based after school program is funded to serve
66 students/day. Program components include
literacy, SEL, visual and performing arts.

Agenda Packet Page 95 of 497
Program Offerings
9 El Cerrito Schools Academic Program After-School Program Harding Teachers College Units of Study- ELA
(Lucy Calkins)
Zearn- Math
BEAM Science Mentor Program
Garden
Harding Elementary has partners with the City of El
Cerrito to provide after school enrichment classes,
including sports, performing & mixed media arts,
language, engineering, science, and technology in
three sessions throughout the school year. NonHarding School Students are welcome to register for classes.

Kensington Teachers College Units of Study- ELA
(Lucy Calkins)
My Math- Math
Engage NY- Math
Art, Computer Lab, Library, Physical
Education (PE), Science Lab, Music, Band
Support, Math Enrichment and Math
Intervention, as well as Reading
Intervention.

Kensington After School Enrichment Program
(KASEP) offers approximately 30 different classes to
students in kindergarten through sixth grades. There
are 3 sessions each year: Fall, Winter and Spring.

Classes are held in the Recreation Building,
Community Center and Kensington Park.

Agenda Packet Page 96 of 497
Program Offerings
10 El Cerrito Schools Academic Program After-School Program Madera Math Workshop Model (Bridges)
Innovation Exposition (focused on Science)
Garden Program
Brazilian Dance & Rythm
Math Olympiad - won Regional Highest Honor
Fairmont Teachers College Units of Study- ELA
(Lucy Calkins)
Mathematics
● MyMath
● Eureka Math
● Zearn
● Khan Academy
School based after school program serving 84
students/day. Program components include Literacy,
structured physical activity, SEL, visual and
performing arts, and gardening.

Agenda Packet Page 97 of 497
Program Offerings
11 Name of School Current
Enrollment
Percentage of transfer
students
Chronic Rate
Past 4 years
El Cerrito High 1559 10% (158) 19-20: 15.7%
18-19: 22.2%
21-22: 25.1%
20-21: .1%
Korematsu 752 4% (31) 19-20: 12.3%
18-19: 13.2%
21-22: 19.7%
20-21: 20.3%
Fairmont 530 0.75% (4) 19-20: 12.3%
18-19: 13.2%
21-22: 19.7%
20-21: 20.3%
Harding 478 2.30% (11) 19-20: 4.7%
18-19: 6.2%
21-22: 9.7%
20-21: 3.1%
*Kensington 409 5.4% (22) 19-20: 0.6%
18-19: 2.3%
21-22: 1.9%
20-21: 0.7%
Madera 491 1% (5) 19-20: 2.1%
18-19: 2.1%
21-22: 4.7%
20-21: 2.5%
Agenda Packet Page 98 of 497
Chronic Rate Year-Over-Year Last 4 Years
Agenda Packet Page 99 of 497
12 Chronic Rate Year-Over-Year Last 4 Years
Agenda Packet Page 100 of 497
13 @wccusd
Suspension refers to the temporary removal of a student from their regular educational setting for a violation of school policies or rules.
*Data is representative of total number of suspensions at a school site.

Suspension Data
Agenda Packet Page 101 of 497
14 STAR Reading Proficiency on
State Benchmark 2019-2022
15 Fall 19-
20 Winter
19-20
Fall 20-
21 Winter 20-
21 Spring 20-
21 Fall 21-22 Winter 21-22
Spring
21-22
El Cerrito High
School 60.9% 52.5% 52.5% 50.4%
Fairmont Elementary 43.8% 49.1% 51% 50.1% 50.1% 46.2% 50.5% 48.7% Fred T Korematsu
Middle School 55.3% 60.5% 61.3% 61.2% 62.2% 55.6% 57.8% 55.8% Harding Elementary 67.5% 52.1% 67.1% 64.7% 61.5% 62.1% 64.6% 65.6% Kensington
Elementary 82% 84.9% 82.4% 84% 86.1% 81.7% 84.5% 87.1%
Madera Elementary 67.8% 73.8% 75.4% 74% 74.1% 72.2% 70.3% 71.2% Agenda Packet Page 102 of 497
STAR Math Proficiency on
State Benchmark 2020-2022
16 School Fall 20-21 Winter 20-
21 Spring
20-21
Fall 21-
22 Winter 21-
22 Spring
21-22
El Cerrito High
School 52.4% 40.3% 42.2% 35.7%
Fairmont
Elementary 40.4% 39.4% 33.8% 32.7% 33.6% 36.7%
Fred T Korematsu
Middle School 45.3% 50.8% 49.5% 35.9% 36% 35.3%
Harding Elementary 49.3% 45.7% 36.5% 41.2% 41.4% 38%
Kensington
Elementary 66.9% 67.7% 61.7% 67.5% 70.3% 67.2%
Madera Elementary 65.2% 64.3% 56.8% 54.5% 54.4% 57.4%
Agenda Packet Page 103 of 497
@wccusd
STAR Reading & Math State Benchmark
By Primary Ethnicity
17 Primary Ethnicity Spring 21-22
Asian 49.7%
Black 12.8%
Latinx 22.6%
Multiple 56.5%
White 55.9%
Primary Ethnicity Spring 21-22
Asian 57.6%
Black 27.3%
Latinx 40.9%
Multiple 73.8%
White 80.3%
Agenda Packet Page 104 of 497
@wccusd
S.M.A.R.T.E.R Strategy
• Shots - Vaccines are the most powerful weapon against hospitalization and serious illness. • Masks - Properly worn masks with good filtration help slow the spread of COVID-19 or other respiratory viruses.
• Awareness - We will continue to stay aware of how COVID-19 is spreading, evolving variants, communicate clearly how people should protect themselves, and coordinate our state and local government response. • Readiness - COVID-19 isn’t going away and we need to be ready with the tools, resources and supplies we will need to quickly respond and keep public health and the health care system well prepared. • Testing - Getting the right type of tests - PCR or antigen - to where they are needed most. Testing will help California minimize the spread of COVID-19.
• Education - California will continue to work to keep schools open and children safely in classrooms for in-person instruction.
• Rx - Evolving and improving treatments will become increasingly available and critical as a tool to save lives.

Agenda Packet Page 105 of 497
18 COVID Resources:

COVID Quick Guide Sheet
Agenda Packet Page 106 of 497
19 Safety Resources
Agenda Packet Page 107 of 497
20 School Safety Tracker
Agenda Packet Page 108 of 497
21 @wccusd
Budget Changes Since Adoption
● UNRESTRICTED FUNDING
○ Effective COLA for the Local Control Funding Formula include 6.56% statutory COLA, plus an additional COLA of 6.28%, totaling 12.84%
○ All other programs only include statutory COLA
● RESTRICTED FUNDING
○ Learning Recovery Emergency Block Grant $38,792,099 (one-time by 2027-28) ○ Arts, Media, and Instructional Materials Discretionary Block Grant $15,675,581 (one-time) ○ Expanded Learning Opportunities-Program $18,503,472 (ELOP, ongoing) Agenda Packet Page 109 of 497
22 @wccusd
Opportunities and Risks
to Fiscal Condition ● OPPORTUNITIES
○ Expanded Learning Opportunities-Program (ELOP) benefits from synergistic programing including the After School Education and Safety Program (ASES)
○ A portion of the ESSER III expenditures that needed to be phased out of in 2023-24 can be continued legally under ELOP and the Learning Recovery Emergency Block Grant ● RISKS
○ All labor contracts expired June 30, 2022
○ Annual inflation for the last year was 9.1% (June 2022, year-over-year) Agenda Packet Page 110 of 497
23 @wccusd
Increased LCFF Funding
Changes Assumptions
● LCFF funding increases allow for changes that increase budget resiliency ○ No longer need to use Fund 17 (reserve for economic uncertainty) ■ Eliminates the need to shift $34 million from Fund 17 to the unrestricted general fund for solvency ■ Preserves the rainy day fund for future economic decline ○ No longer need to use funds from the Other Post Retirement Benefits Account (OPEB) ■ Funds in OPEB trust remain there with the long term goal of pre-funding the entire OPEB actuarial obligation, currently $425 million
○ No longer require solvency reductions for 2024-25
■ However, cuts for 2023-24 remain necessary
● Transportation reimbursement increased from flat amount to 60% of cost Agenda Packet Page 111 of 497
24 @wccusd
Changes to Revenues 2022-23
25 West Contra Costa Unified School District State Budget Act Adopted Budget Increase (Decrease) Revised Budget
Combined - Fund 01 22-23 22-23 22-23
Budget
Revenue
8010-8099 Total Revenue Limit 307,105,905 23,344,819 330,450,724 8100-8299 Federal 70,841,497 - 70,841,497
8300-8599 Other State 58,471,705 72,902,686 131,374,391 8600-8799 Other Local 19,057,424 - 19,057,424
Total Revenues 455,476,531 96,247,505 551,724,036
Agenda Packet Page 112 of 497
@wccusd
Changes to Expenditures 2022-23
26 Expenditures
1000-1999 Certificated Salaries 163,080,151 17,174,045 180,254,196 2000-2999 Classified Salaries 72,018,908 - 72,018,908
3000-3999 Employee Benefits 125,777,652 12,594,299 138,371,951 4000-4999 Books and Supplies 43,774,739 14,311,704 58,086,443 5000-5999 Services and Other Operating
Exp 75,964,397 13,166,767 89,131,164
6000-6999 Capital Outlay 2,401,037 - 2,401,037
71-7200, 74-7499 Other Outgo 3,597,724 - 3,597,724
7300-7399 Indirect/Direct Support Costs -977,163 - -977,163 Total Expenditures 485,637,445 57,246,815 542,884,260
Agenda Packet Page 113 of 497
@wccusd
Changes to Fund Balance 2022-23
27 West Contra Costa Unified School
District State Budget Act
Adopted Budget Increase (Decrease) Revised Budget
Combined - Fund 01 22-23 22-23 22-23
Budget
Total Revenues 455,476,531.00 96,247,505.00 551,724,036.00 Total Expenditures 485,637,445.00 57,246,815.00 542,884,260.00 Excess (Deficiency) from Operations -30,160,914.00 39,000,690.00 8,839,776.00 Transfers In (Fund 17) 14,000,000.00 -14,000,000.00 -
Net Increase (decrease) -16,160,914.00 25,000,690.00 8,839,776.00 Beginning Balance 48,536,898.00 - 48,536,898.00
Ending Fund Balance 32,375,984.00 25,000,690.00 57,376,674.00 Agenda Packet Page 114 of 497
@wccusd
Components of the Ending Fund Balance
28 Components of Ending Fund Balance
Nonspendable
9711 Revolving Cash 70,000
9712 Stores 230,000
9740 Restricted 30,397,547
Unassigned
9789 Reserve for Economic Uncertainties 16,286,528
9790 Unassigned/Unappropriated 10,392,599
Total General Fund Reserves 57,376,674
Agenda Packet Page 115 of 497
@wccusd
Updates to Fairmont
The Fairmont Critical Needs project has been completed.

Improvements included
● New portables
● New playground equipment
● New flooring and interior paint in the classroom
wings and MPR
● New window coverings
● Renewed landscaping around the main entrances
● Updated student restrooms
● Additional staff restroom
29 BEFORE
Classroom Hallway
AFTER
Agenda Packet Page 116 of 497
@wccusd
Projects in Process
● Two additional portables at Mira Vista
● Cameron staff is being move to a temporary site
improvements planned for Cameron include
○ New Roof
○ New Flooring in the main hall
○ New HVAC system
○ Accessibility upgrades
● Additional Exterior WiFi Coverage
○ Fairmont
○ Korematsu
● Playground Projects (awaiting agency approval)
○ Kensington
○ Madera
30 Mira Vista Portables
Agenda Packet Page 117 of 497
Portola Site
Location: Navellier Street
Size: 5.29 acres
Closed: 2010
Property Demolished
Zoning: Government/Public
Use
7-11 Committee ● Committee’s purpose is to advise the Board in developing District-wide policies and procedures in
the use or disposition or school buildings or
property not needed for school purposes. (Ed.

Code, §§17387, 17388.)
● Committee consists of 7 to 11 members. (Ed. Code,
§ 17389.)
● The process consists of 4 planned meetings
31 Next Meeting information: August 24th @ 6pm
Physical Location: 1400 Marina Way S, Richmond
Zoom: https://wccusd.zoom.us/j/91992616214
For additional information and updates on the progress
of the committee see the committee’s website @
https://www.wccusd.net/Page/15623
Agenda Packet Page 118 of 497

AGENDA BILL
Agenda Item No. 7.A.

Date: August 16, 2022
To: El Cerrito City Council
From: David Yun, Fire Prevention Officer; Chase Beckman, Fire Marshal, Fire Department
Subject: Fire Hazard Abatement

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

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

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

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

This program seeks to remove weeds, rubbish, litter or other flammable material from private properties where such flammable material endangers the public safety by creating a public nuisance and a fire hazard. Most property owners voluntarily abate Agenda Packet Page 119 of 497
Agenda Item No. 7.A.
these hazards without Fire Department involvement. However, we anticipate that a small number of owners are content to have the City do the work and place the costs on their tax bill. For over 20 years, the City’s annual Fire Hazard Abatement Program has been very successful in reducing fire hazards throughout the hill neighborhoods of El Cerrito. Indeed, this program has become a model program which other fire jurisdictions have borrowed from.

ANALYSIS
Beginning in April of this year, the Fire Department conducted city-wide fire hazard inspections of all properties. The inspections began on April 25, 2022 and have continued due to regrowth and citizen complaints. As a result of the on-going inspections, a list of properties containing public nuisances was generated, which continues to be amended as additional properties are identified. Between July 7 and July 20, the identified properties determined to be in violation of El Cerrito Municipal Code Chapter 16.26 were notified in writing of the hazards on their property and to abate those hazardous conditions. The El Cerrito Vegetation Management Standards Checklist was included with the notification (Attachments 4, 5, & 6). Additionally, these property owners were informed in the letter from the Fire Marshal (Attachment 4) of the time, date and location of the upcoming City Council meeting where their properties would be declared a public nuisance and abatement would be ordered. Property owners were directed to complete the necessary measures to bring their property into compliance prior to the second round of the re-inspection process which began on August 8, 2022 and continued through the date of this meeting. Only those properties that were not voluntarily abated with the first notice are contained within the Master Abatement List, Exhibit A to the proposed Resolution (List of Properties.) This public hearing is the next step in the process to eliminate hazards on the private properties that were identified as a public nuisance and have not voluntarily abated said violations. In order to achieve full compliance, the City Council is asked to declare the properties to be a public nuisance and direct the City Manager or their designee to abate such public nuisance conditions. Actual City-ordered abatement of fire hazards occurs only after all efforts at providing notice, information, and a public hearing have failed to induce voluntary compliance by the property owner.

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

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

2. The Fire Department shall post notice on each property or send notice /by mail that the El Cerrito Fire Department has determined the existence of a public nuisance which must be abated and that a hearing will be held to consider any objections prior to the Agenda Packet Page 120 of 497
Agenda Item No. 7.A.

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

3. At the August 16, 2022 City Council meeting, the City Council shall first adopt a resolution Declaring that Weeds, Rubbish, Litter, or Other Flammable Material on Certain Real Property Constitutes a Public Nuisance (Attachment 1 and 2).

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

5. At the conclusion of the August 16, 2022 hearing, a second and final notice shall be sent to each property owner prior to abatement (Attachment 7). This notice will order the immediate abatement of nuisance conditions. This notice will clearly state that if nuisance conditions are ignored, the City shall cause abatement and costs for removal will be assessed against the property as a lien and special assessment. It will also indicate that if the conditions are voluntarily abated, the property shall be removed from the process.

6. If the nuisance is not abated between August 17, 2022 and September 15, 2022, prior to the arrival of the hazard abatement crew, the City of El Cerrito shall cause the weeds, rubbish, refuse, and other flammable material to be removed and shall keep an account of the cost of abatement for each parcel of land where such work is performed according to the City Council adopted Fire Department Master Fee Schedule.

7. At the October 18, 2022 City Council meeting the City Manager or their designee shall submit to the City Council for confirmation an itemized written report showing the cost of abatement work performed. A copy of this report shall be posted for at least ten (10) days prior to its submission to the City Council. Each property owner upon whose property abatement work was performed shall be sent written notice by mail of a hearing by the City Council to consider the cost of abatement work performed on their property.

8. At the City Council Meeting on October 18, 2022, the City Council shall receive and consider the written staff report on abatement actions taken by the City and shall hear any objections from the property owners liable to be assessed for the abatement.

The City Council may modify the staff report if deemed appropriate and then confirm the report by motion or resolution.

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

Agenda Packet Page 121 of 497
Agenda Item No. 7.A.

STRATEGIC PLAN CONSIDERATIONS
This item is consistent with Strategic Plan Goal E: Ensure the public's health and safety.

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

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

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

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution (Declaring Public Nuisance)

2. Exhibit A to Resolution (List of Properties)

3. Resolution (Overriding Objections)

4. 1st Letter Fire Marshal (El Cerrito)

5. Abatement Inspection Form

6. Vegetation Management Standards Checklist

7. 2nd Letter Fire Marshal 072022
Agenda Packet Page 122 of 497
RESOLUTION NO. 2022 - XX

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

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

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

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

BE IT FURTHER RESOLVED that on this same date of August 16, 2022 at 6:00 p.m. in the City of El Cerrito, the City Council shall hold a hearing at which owners of the real property identified in Exhibit A hereto may object to the designation of their properties as public nuisances and object to the abatement actions proposed by the City.

I CERTIFY that at a regular meeting on August 16, 2022 the El Cerrito City Council passed this resolution by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on August 16, 2022.
_________________________
Holly M. Charléty, City Clerk
APPROVED:
_________________________
Gabriel Quinto, Mayor
Agenda Packet Page 123 of 497

EXHIBIT A
As of 8/1/22
City of El Cerrito Fire Department
List of Real Property Constituting Public Nuisances
APN Street Address
509-120-015 10919 San Pablo Ave.
501-170-002 5926 Jordan Ave.

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AGENDA ITEM NO. 7.A.

ATTACHMENT 3
RESOLUTION NO. 2022 - XX

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

OBJECTIONS BY PROPERTY OWNERS AND ORDERING THE CITY MANAGER OR

HIS DESIGNEE TO ABATE CERTAIN PUBLIC NUISANCES PURSUANT TO CHAPTER 16.26
WHEREAS, El Cerrito Municipal Code Chapter 16.26 provides a method by which a local legislative body may abate on private property public nuisance conditions relating to weeds, rubbish, litter or other flammable material that creates a fire hazard, a menace to the public health or which is otherwise noxious or dangerous; and WHEREAS, the City of El Cerrito Fire Marshal has identified certain real property, by street name, lot and block number, on which the presence of weeds, rubbish, litter or other flammable material creates a fire hazard, a menace to the public health or which is otherwise noxious or dangerous as defined in Chapter 16.26 of the El Cerrito Municipal Code and therefore constitutes a public nuisance; and WHEREAS, on August 16, 2022, pursuant to El Cerrito Municipal Code Section

16.26.160 and Government Code Sections 39560-39588, the City Council adopted Resolution 2022-XX declaring that certain real property within the City constitutes a public nuisance; and
WHEREAS, El Cerrito Municipal Code Chapter 16.26 provides that notice shall be sent to owners of the real property declared a nuisance pursuant to Resolution 2022- XX providing those owners with the following: description of the nuisance; explanation of how the nuisance must be abated; explanation that if the nuisance is not abated; the City shall abate the public nuisance and the cost of abatement shall be assessed against the property as a special assessment; and informing the owners that the City Council shall hold a hearing at a certain date, time, and place at which the owners may present objections to the designation of their properties as public nuisances or to the proposed abatement of the nuisance; and
WHEREAS, between July 7th and July 20th 2022, the City Fire Department sent written notice to those property owners describing the weeds, rubbish, refuse, or other flammable material that presented a fire hazard and public nuisance; explaining that the Fire Department had determined a public nuisance that must be removed; informing the owners that if they did not abate by August 8, 2022, the City Council would hold a hearing on August 16, 2022 at which the owners could present objections to the declaration of the nuisance or the proposed abatement measures and further explained the City could abate the nuisance and collect the costs as an assessment on the property; and
WHEREAS, on August 16, 2022, the City Council adopted Resolution 2022-XX confirming the nuisance declarations of the City Fire Department and declaring a public nuisance on certain real property pursuant to Chapter 16.26; and WHEREAS, El Cerrito Municipal Code Section 16.26.160 and Government Code Sections 39560-39588 provide that after adoption of a resolution declaring a public nuisance and notice to affected property owners of the Council's hearing of objections, Agenda Packet Page 125 of 497
the Council may overrule any objections and order the City Manager or his designee to abate the public nuisances.

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

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

BE IT FURTHER RESOLVED that pursuant to El Cerrito Municipal Code Section 16.26.160 and Government Code Section 39574, the City Manager or his designee shall keep an account of the cost of abatement for each parcel of land on which work is performed. The City Manager or designee shall then prepare an itemized written report to be presented to the City Council so that, after the notice and hearing during the City Council meeting of October 18, 2022 these abatement costs can be confirmed as a special assessment against those parcels.

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

I CERTIFY that at a regular meeting on August 16, 2022 the El Cerrito City Council passed this resolution by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on August , 2022.
_________________________
Holly Charlety, City Clerk
APPROVED:
______________________
Gabe Quinto, Mayor
Agenda Packet Page 126 of 497

EL CERRITO-KENSINGTON FIRE DEPARTMENT
Fire Prevention Office
10900 San Pablo Avenue, El Cerrito, CA 94530
(510) 215-4457 FAX (510) 232-4917 [email protected] July 7, 2022
Parcel Number: XXXXX
Property Address: XXXXX , El Cerrito, CA 94530
Property Owner: XXXXXX
Property Owner’s Address: XXXXXX
Dear El Cerrito Property Owner:

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

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

If you have recently completed the work to meet these standards, no further action is required. If not, your property is required to be brought into compliance no later than August 8, 2022. There is no need to contact Fire Department upon completion as we will be re-inspecting all properties. When the Fire Department has cleared your property, you will receive a follow up letter to inform you that your property is currently in compliance.

On August 16, 2022 at 6:00PM the El Cerrito City Council will hold a public hearing to declare those properties still not in compliance as a public nuisance. Your property is at risk of being declared a public nuisance and subject to further abatement actions. In accordance with the Government Code, you may appear before the Board at this public hearing to dispute this declaration.

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

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

Attachment 4
Agenda Packet Page 127 of 497

EL CERRITO FIRE DEPARTMENT

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

COMMENTS:

Inspected by Inspection # Date Time

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

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

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

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

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

YOUR PROPERTY IS NOT IN COMPLIANCE WITH THE FIRE CODE.

YOU MUST COMPLETE THE FOLLOWING REQUIREMENTS:

6. Relocate wood piles to Zone 2 if applicable.

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

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

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

AGENDA ITEM NO. 7.A.

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

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

AGENDA ITEM NO. 7.A.

ATTACHMENT 6
Agenda Packet Page 129 of 497
Fire Hazard Reduction Checklist
Zone 1 Requirements
Definition: Zone 1 extends 30 feet from buildings, structures, decks, etc.in all portions within the City of El Cerrito including the designated Very High Fire Hazard Severity (VHFHS) Zones
Remove all dead plants, grass and weeds within 30 feet of buildings, structures, decks, etc.

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

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Agenda Item No. 7.A.

Attachment 7

CITY OF EL CERRITO
10900 San Pablo Avenue  El Cerrito  CA  94530
(510) 215-4457  FAX (510) 232-4917  [email protected] August 17, 2022
Parcel Number: XXX
Property Address: XXXX ., El Cerrito, CA 94530
Property Owner:

Property Owner’s Address:

NOTICE TO DESTROY WEEDS AND REMOVE

RUBBISH, REFUSE AND OTHER FLAMMABLE MATERIAL
On August 16, 2022 the El Cerrito City Council declared that your property in the City of El Cerrito, designated above by address and parcel number, constitutes a public nuisance because of the presence of weeds, rubbish, litter or other flammable material which creates a fire hazard, a menace to the public health, or is otherwise noxious or dangerous.

A previous notice was sent to you informing you of the August 16, 2022 hearing and further informing you of your obligation to remove the weeds, rubbish, refuse and other flammable material from your property. If you do not immediately abate these nuisance conditions, the City will do so and the costs for removal of the weeds, rubbish, refuse and other flammable material will be assessed against your property as a lien and special assessment. These removal costs shall then be collected in the time and in the manner of ordinary municipal taxes.

You will not receive any further notices from the City prior to this removal. The City shall perform this removal either through its own staff or through private contract sometime between the dates of September 15, 2022 to September 29, 2022. It is impossible to predict what it will cost the City to remove these nuisance conditions from your property. The costs depend on the severity of those conditions. In past years these abatement costs have sometimes exceeded $8,000 per parcel for those parcels with severe nuisance conditions The City Council will conduct a public hearing on October 18, 2022 to confirm the cost of the abatement work performed on your property. The meeting will be held via teleconference or in the El Cerrito City Council Chambers at 10890 San Pablo Avenue in El Cerrito at 7:00 p.m.

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

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

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

The phone number is (510) 215-4457.

Chase Beckman
Chase Beckman
Fire Marshal
Agenda Packet Page 131 of 497

AGENDA BILL
Agenda Item No. 8.A.

Date: August 16, 2022
To: El Cerrito City Council
From: Karen Pinkos, City Manager, City Management
Subject: Project Stabilization Agreement with Contra Costa Building and Construction Trades Council

ACTION PROPOSED
Adopt a resolution approving and authorizing the City Manager to sign a Project Stabilization Agreement and related side letter with the Contra Costa Building and Construction Trades Council and its affiliated local Unions.

BACKGROUND
A Project Stabilization Agreement (PSA), also known as a Project Labor Agreement, is a pre-hire collective bargaining agreement between one or more labor organizations (often negotiated by the local Building Trades and Construction Council) and the owner of a project, which establishes the terms and conditions of employment on the project work. The purpose of a PSA is to facilitate the delivery of the project with minimal laborrelated disruptions which would adversely impact the public and/or delay the project.

Generally, the terms of the agreement apply to all contractors and subcontractors who are awarded contracts on the project and supplement or supersede any existing collective bargaining agreements. PSAs typically include provisions that prohibit workers from engaging in strikes, work stoppages, and slowdowns for the duration of the term of the agreement. In exchange for the commitment not to engage in such activities, PSAs generally require that contractors hire workers who are referred from union hiring halls. Furthermore, contractors must pay the workers prevailing wage, contribute to union trust funds, and abide by certain dispute and grievance resolution procedures.

In Contra Costa County, the cities of Antioch, Brentwood, Concord, Martinez, Pittsburg, and Richmond have adopted Project Stabilization Agreements with the Contra Costa Building and Construction Trades Council (CCBCTC). Further, the CCBCTC also has Project Stabilization Agreements for projects throughout the County with various school districts, public agencies, and Bay Area Rapid Transit (BART).

In January 2020, the City Council directed staff to negotiate with the CCBCTC to develop a Citywide Project Stabilization Agreement. While the parties did not meet during the height of the pandemic, discussions began in recent months with an eye toward moving the agreement forward this year. As a result, the City and the CCBCTC have negotiated an agreement that staff believes benefits both the City and the CCBCTC.

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Agenda Item No. 8.A.

ANALYSIS
The PSA would apply to municipal projects exceeding $1 million in project costs.

Consistent with other Contra Costa County cities, the PSA has a provision for the duration of the agreement for an initial five-year term, with the ability to roll over for additional terms of five years each. Other provisions of the PSA include:
 Projects will not be subject to strikes, sympathy strikes, work stoppages, picketing, handbilling or otherwise advising the public that a labor dispute exists, slowdowns, refusal to work, walk-off, sit down, stand-in, wobble, boycott of any kind, for any reason, by the Unions or employees employed on a project, at the job site of a Project or any other facility of City because of a dispute on a Project; nor will there be lockouts by the contractor or employer on a project.  The Unions covered by the PSA are recognized as the sole bargaining representative of all craft employees performing covered work, and all such employees must be represented by a Union for the duration of their employment on a project.
 The PSA agrees to facilitate employment of Local Area (defined as Contra Costa County) residents and to use resources in the Local Area in construction of the Project.
 The projects will employ apprentices from a California state-approved Joint Apprenticeship Training Program, with the goal of helping to develop workers in the construction industry.
 The PSA will utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment and the Center's "Helmets to Hardhats" program, with the goal of facilitating the entry into the building and construction trades of veterans who are interested in careers in the building and construction industry.
 Labor disputes, grievances, or actions relating to discipline will be resolved through procedures established with the affiliated Unions; any grievances not settled between the parties would be subject to arbitration for resolution.

During negotiations, City staff noted that the Del Norte Complete Streets Project, which is in excess of the $1 million threshold, was already in progress as far as its approved budget, funding, and design. Staff was concerned that implementing a PSA to include the Del Norte Project could impact the budget and timeline for the Project. The City provided detailed information on the status of the Del Norte Project to the CCBCTC and asked that the project be exempt from the PSA, and the CCBCTC agreed to this request. The parties have agreed to note this separately in a side letter that supplements the PSA, stating that the Del Norte Project will not be subject to or covered by the PSA. Future projects with costs of $1 million or more, including municipal buildings or large scale capital improvement projects, will be covered by the PSA and the criteria of the PSA will be considered for such projects within the development of the Capital Improvement Plan (CIP) during the annual budget process.

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Agenda Item No. 8.A.

City staff wishes to convey its thanks to the CCBCTC for their work and willingness to negotiate this PSA, in particular their understanding of the City's concerns with respect to the Del Norte Complete Streets Project. Staff believes that this PSA will benefit the City and the CCBCTC, as well as the greater community, for years to come.

STRATEGIC PLAN CONSIDERATIONS
This item is consistent with Goal A: Deliver exemplary government services and Goal D:

Develop and rehabilitate public facilities as community focal points.

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

FINANCIAL CONSIDERATIONS
The PSA would apply to City projects funded in whole or in part with City funds, where either the engineer’s estimate of the total cost of the project or the cumulative bid amounts submitted by the contractors awarded the Construction Contract exceeds one million dollars ($1,000.000). The implementation of the PSA could possibly impact the City’s bidding process for construction projects by limiting the number of firms that would submit a proposal for a project, which could potentially increase the overall cost of projects. Costs that are inclusive of the criteria of the PSA would be considered and included in the Capital Improvement Plan (CIP) budget of any applicable project.

LEGAL CONSIDERATIONS
The City Attorney was actively engaged with City staff in negotiations for both the Project Stabilization Agreement and the side letter, and is satisfied that legal considerations have been met.

Reviewed by:

Alexandra Orologas, Assistant City Manager
Attachments:

1. Resolution

2. Project Stabilization Agreement and Side Letter
Agenda Packet Page 134 of 497
RESOLUTION 2022-XX

RESOLUTION AUTHORIZING THE EXECUTION OF A PROJECT STABILIZATION

AGREEMENT AND SIDE LETTER WITH THE CONTRA COSTA BUILDING AND

CONSTRUCTION TRADES COUNCIL AND AFFILIATED LOCAL UNIONS WHEREAS, the City Council has expressed a strong desire to ensure labor peace during the construction of City public works projects; and WHEREAS, the City Council has long been a solid supporter of labor rights, fair wages,
and the creation of quality jobs in the community; and
WHEREAS, the City Council is interested in being proactive regarding assuring quality wages on all City construction projects, supporting and procuring from local businesses, and protecting and increasing quality jobs for local residents; and WHEREAS, in January 2020 the City Council discussed the benefits of a Project Stabilization Agreement and directed staff to negotiate terms with the Contra Costa Building and Construction Trades Council to establish an agreement for the City of El Cerrito; and
WHEREAS, the City and the Contra Costa Building and Construction Trades Council have negotiated the terms for the establishment of a Citywide Project Stabilization Agreement that is intended to serve the community for years to come; and WHEREAS, the City and the Contra Costa Building and Construction Trades Council have agreed that the Del Norte Complete Streets Project will not be subject to or covered by the negotiated Project Stabilization Agreement per a side letter that supplements the Agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the establishment of a Project Stabilization Agreement and with the Contra Costa Building and Construction Trades Council and its affiliated Unions and authorizes the City Manager to execute the agreement in the form negotiated and approved by the City Attorney.

BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute a side letter with the Contra Costa Building and Construction Trades Council stating that the Del Norte Complete Streets Project is not subject to or covered by the Project Stabilization Agreement.

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

Agenda Packet Page 135 of 497
I CERTIFY that at a regular meeting on August 16, 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 August , 2022.
________________________
Holly M. Charléty, City Clerk
APPROVED:
________________________
Gabe Quinto, Mayor
Agenda Packet Page 136 of 497
Project Stabilization Agreement
for the City of El Cerrito
1 PROJECT STABILIZATION AGREEMENT

FOR THE CITY OF EL CERRITO

INTRODUCTION/FINDINGS
This Project Stabilization Agreement (“Agreement”) is entered into this ____ day of _______________, 20____, (“Effective Date”) by and between the City of El Cerrito (hereinafter the “City”), together with contractors and subcontractors of all tiers, who shall become signatory to this Agreement by signing the “Agreement to be Bound” (Addendum A) (referred to herein as the “Contractor(s)/Employer(s)”), and the Contra Costa County Building and Construction Trades Council (referred to herein as the “Council”) and its affiliated local Unions that have executed this Agreement (referred to collectively herein as the “Union(s)”).

The purpose of this Agreement is to promote the efficiency of construction operations for the City of El Cerrito through the use of skilled labor resulting in quality construction outcomes, and to provide for the peaceful settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of the Project(s) defined in Section 1.9 below and covered by this Agreement.

WHEREAS, the timely and successful completion of a Project is of the utmost importance to meet the needs of the City and avoid increased costs resulting from delays in construction; and
WHEREAS, large numbers of workers of various skills will be required in the performance of construction work on a Project and will be represented by the Unions who are signatories to this Agreement and employed by the Contractors who are also signatories to this Agreement; and
WHEREAS, the use of skilled labor in the construction of Projects increases the safety of workers as well as the quality of completed Projects; and WHEREAS, it is recognized that the Projects likely will require multiple contractors and bargaining units on the job site at the same time over an extended period of time, and, thus, the potential for work disruption may be substantial without an overriding commitment to maintain continuity of work; and
WHEREAS, the interests of the general public, the City, the Unions, and the Contractors/Employers would be best served if the construction work on a Project proceeded in an orderly manner without disruption because of strikes, sympathy strikes, work stoppages, picketing, lockouts, slowdowns or other interferences with work; and WHEREAS, the Contractors/Employers and the Unions desire to mutually establish and stabilize wages, hours and working conditions for the workers employed on a Project and to encourage close cooperation among the Contractors/Employers and the Unions so that a satisfactory, continuous and harmonious relationship will exist; and WHEREAS, the parties agree that one of the primary purposes of this Agreement is to avoid the tensions that might arise on a Project if Union and non-union workers of different Agenda Packet Page 137 of 497
Project Stabilization Agreement
for the City of El Cerrito
2 employers were to work side by side on a Project, potentially leading to labor disputes that could delay completion of a Project; and
WHEREAS, this Agreement is not intended to replace, interfere with, abrogate, diminish or modify existing local or national collective bargaining agreements in effect during the duration of the Projects, insofar as a legally binding agreement exists between the Contractors/Employers and the Unions, except to the extent that the provisions of this Agreement are inconsistent with said collective bargaining agreements, in which event the provisions of this Agreement shall prevail; and
WHEREAS, the City places high priority upon the development of comprehensive programs for the recruitment, training and employment of local area residents and military veterans, and recognizes the ability of local pre-apprenticeship and apprenticeship programs to provide meaningful and sustainable career pathways in the construction industry; and WHEREAS, the contract(s) for construction work on the Projects will be awarded in accordance with the applicable provisions of the California State Public Contract Code and all state, local and federal laws; and
WHEREAS, the parties to this Agreement pledge their full good faith and trust to work toward the mutually satisfactory Completion as defined in Section 1.4 below of the Projects pursuant to the terms and conditions of the Agreement;

NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE PARTIES HERETO, AS FOLLOWS:

ARTICLE I

DEFINITIONS
"Agreement" means this Project Stabilization Agreement. "Agreement to be Bound" means the agreement (attached hereto as Addendum A) that shall be executed by each and every Contractor/Employer as a condition of working on the Project.
"City" means the City of El Cerrito.
"Completion" means that point at which there is Final Acceptance by the City of a Construction Contract and the City has recorded a Notice of Completion. For purposes of this definition, "Final Acceptance" means that point in time at which the City has determined upon final inspection that the work has been completed in all respects and all required contract documents, contract drawings, warranties, certificates, manuals and data have been submitted and training completed in accordance with the contract documents and the City has executed a written acceptance of the work.
“Construction Contract” means the public works or improvement contract(s) (including design-bid, design-build, lease-leaseback or other contracts under which construction of a Project is done) awarded and entered into by the City that are necessary for Completion of a Project.

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Project Stabilization Agreement
for the City of El Cerrito
3 "Contractor(s)/Employer(s)" or "Contractor(s)" or "Employer(s)" means any individual, firm, partnership or corporation (including the prime contractor, general contractor, construction manager, project manager, design-build entity, lease-leaseback entity or equivalent entity), or combination thereof, including joint ventures, and their successors and assigns, that enters into a Construction Contract with the City, and all contractors and subcontractors of any tier engaged by the Contractor or Employer.
“Council” means the Contra Costa County Building and Construction Trades Council.
“Master Agreement” means the Master Collective Bargaining Agreement of each craft Union signatory hereto.
"Project" means City projects funded in whole or in part with City funds, where either the engineer’s estimate of the total cost of the project or the cumulative bid amount(s) submitted by the contractor(s) awarded the Construction Contract(s) exceeds one million dollars ($1,000.000), subject to Section 2.2 of this Agreement. All Construction Contracts required to complete an integrated Project shall be considered in determining whether this threshold is met.

The City and the Council may mutually agree in writing to add additional projects or components to be covered by this Agreement. The term “Project” applies to each and all projects as defined in this section, whether used in the singular or plural herein. “Project Manager” means the person(s) or entity(ies) designated by the City to oversee all phases of construction on a Project and the implementation of this Agreement. “Union” or “Unions” means the Contra Costa Building and Construction Trades Council and its affiliated Unions signatory to this Agreement, acting on their own behalf and on behalf of their respective affiliates and member organizations whose names are subscribed hereto and who have through their officers executed this Agreement.

ARTICLE II

SCOPE OF AGREEMENT

2.1 Parties: This Agreement applies to and is limited to all Contractors/Employers performing Construction Contracts on a Project (including subcontractors at any tier), and their successors and assigns, the City, the Council, and its affiliated Unions signatory to this Agreement.

2.2 Applicability: This Agreement governs all Construction Contracts that include Covered Work as defined in Section 2.3 awarded on or after the Effective Date for a Project until Completion, unless otherwise set forth in this Agreement. Construction Contracts shall be considered Completed as set forth in Section 1.4, except when the City directs a Contractor to engage in repairs, warranty work, modifications, or punch list work under a Construction Contract or when a Contractor performs work under a change order for a Construction Contract.

2.3 Covered Work: Covered Work shall include, without limitation, all site preparation, surveying, construction, alteration, demolition, installation, improvement, remediation, retrofit, painting or repair of buildings, structures and other works, and related Agenda Packet Page 139 of 497
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4 activities for a Project that is within the craft jurisdiction of one of the Unions and that is directly or indirectly part of the Project, including, without limitation to the following examples, geotechnical and exploratory drilling, soils and materials testing and inspection, temporary HVAC, landscaping and temporary fencing, pipelines (including those in linear corridors built to serve the Project), pumps, pump stations, start-up, modular furniture installation, final clean-up work; as well as work done for the Project in temporary yards, dedicated sites, or areas adjacent to a Project, and at any on-site or off-site batch plant constructed to supply materials to a Project (“Covered Work”). Covered Work shall also include all of the following:

2.3.1 Any start-up, calibration, commissioning, performance testing, repair, maintenance, and operational revisions to systems and/or subsystems for a Project performed after Completion, unless performed by City employees.

2.3.2 All on-site fabrication work over which the City, Contractor(s)/Employer(s) or subcontractor(s) possess the right of control (including work done for a Project in any temporary yard or area established for the Project); as well as any off-site work, including fabrication, that is traditionally performed by the Unions and is directly or indirectly part of the Project, provided such work is covered by a Master Agreement or local addenda to a national agreement of the applicable Union(s).

2.3.3 Except for the delivery of supplies, equipment or materials that are stockpiled for later use, all construction trucking work, including the hauling and delivery of ready-mix, asphalt, aggregate, sand, soil or other fill or similar material that is directly incorporated into the construction process as well as the off-hauling of soil, sand, gravel, rocks, concrete, asphalt, excavation materials, construction debris and excess fill, material and/or mud.

Contractor(s)/Employer(s), including brokers, of persons providing construction trucking work shall provide certified payroll records to the City within ten (10) days of written request or as required by the bid specifications.

2.3.4 Covered Work within the following National Agreements shall be covered by those agreements as follows: the National Transient Lodge (NTL) Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, the National Agreement of Elevator Constructors, and any Covered Work for instrument calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, with the exception that Articles IV, XII and XIII of this Agreement shall apply to such work.

2.4 Exclusions: The following is not considered Covered Work.

2.4.1 Work performed by the City’s own employees as permitted by the Public Contract Code.

2.4.2 A Contractor/Employer’s non-construction craft executives, managerial employees, administrative personnel, and supervisors above the level of general foreman (unless covered by a Master Agreement).

2.4.3 Any non-Project work performed on or near or leading to a Project site that is undertaken by state, county, city, or other governmental bodies or their contractors. Work Agenda Packet Page 140 of 497
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5 performed by public or private utilities including all electrical utility, voice-data-video, and security installation work ahead of and up to the electrical service entry connection or the main point of entry into the building shall be excluded; however, all electrical utility, voice-datavideo, and security installation work performed after the electrical utility service entrance or the main point of entry shall be Covered Work. Additionally, all contracted work performed ahead of the service entrance connection and main point of entry that is inside the property line and provides for access to the building via a conduit or series of conduits shall be Covered Work.

2.4.4 Off-site maintenance of leased equipment and on-site supervision of such work.

2.4.5 This Agreement shall not apply to work substantially funded by any federal, state, local or other public agency that prohibits the use of project labor agreements on projects receiving its funding, or the funding of projects on which such agreements are used.

With respect to such work, the City agrees to make a reasonable effort to defend the application of this Agreement, including by making a written request to the funding source. Notwithstanding the foregoing, should only a specific provision of the Agreement be prohibited by the funding source, then, upon mutual agreement by the Council, the City shall modify the requirements of this Agreement accordingly, to allow this Agreement to remain in place and to advance the purposes of this Agreement to the maximum extent feasible.

2.4.6 Work performed by employees of a manufacturer or vendor on the manufacturer’s equipment if required in order to maintain the manufacturer’s warranty or guarantee on such equipment; provided that (i) the warranty agreement is the manufacturer’s usual and customary warranty agreement for such equipment and is consistent with industry practice; and (ii) the manufacturer or vendor has first demonstrated at the pre-job conference, by an enumeration of specific tasks, that in order to preserve the warranty, the work cannot be performed by construction persons employed under this Agreement.

2.4.7 Laboratory work for testing and inspections not covered by a Master Agreement.

2.5 Award of Contracts: The City retains the right to reject all bids and re-advertise a Project, however, in that event, the re-advertised Project would be subject to this Agreement’s terms and conditions. It is understood and agreed that the City has the right to select any qualified bidder for the award of Construction Contracts under this Agreement. The bidder need only be willing, ready and able to comply with this Agreement. It is further agreed that this Agreement shall be included in all invitations to bid or solicitations for proposals from contractors or subcontractors for work on the Project. A copy of all invitations to bid shall be provided to the Council at the time of issuance.

ARTICLE III

EFFECT OF AGREEMENT

3.1 By executing this Agreement, the Council, the Unions and the City agree to be bound by each and all of the provisions of the Agreement.

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6 3.2 By accepting the award of a Construction Contract for the Project, whether as a Contractor or subcontractor thereunder, all Contractors/Employers agree to be bound by each and every provision of this Agreement and agree to evidence their acceptance prior to the commencement of work by executing the Agreement to be Bound in the form attached hereto as Addendum A.

3.3 At the time that any Contractor/Employer enters into a subcontract with any subcontractor that includes Covered Work under a Construction Contract, the Contractor/Employer shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor, as a condition of accepting the award of a construction subcontract, to agree in writing, by executing the Agreement to be Bound, to be bound by each and every provision of this Agreement prior to the commencement of work. The obligations of a Contractor may not be evaded by subcontracting. If the subcontractor refuses to execute the Agreement to be Bound, then such subcontractor shall not be awarded a Construction Contract on the Project.

3.4 This Agreement shall only be binding on the signatory parties hereto, and their successors and assigns, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such party. Each Contractor shall alone be liable and responsible for its own individual acts and conduct and for any breach or alleged breach of this Agreement, except as otherwise provided by law or the applicable Master Agreement. Any dispute between the Union(s) and the Contractor(s) with respect to compliance with this Agreement shall not affect the rights, liabilities, obligations and duties between the Union(s) and other Contractor(s) party to this Agreement.

3.5 It is mutually agreed by the parties that any liability by a Union signatory to this Agreement shall be several and not joint. Any alleged breach of this Agreement by a Union shall not affect the rights, liabilities, obligations and duties between the Contractor(s) and the other Union(s) party to this Agreement.

3.6 The provisions of this Agreement, including the Master Agreements incorporated herein by reference, shall apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area and/or national agreements which may conflict with or differ from the terms of this Agreement. To the extent a provision of this Agreement conflicts with a Master Agreement, the provision of this Agreement shall prevail. Where a provision of a Master Agreement does not conflict with this Agreement, the provision of the Master Agreement shall apply.

ARTICLE IV

WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS

4.1. The Unions, the City, and the Contractor(s)/Employer(s) covered by this Agreement agree that for the duration of the Project:

4.1.1 There shall be no strikes, sympathy strikes, work stoppages, picketing, handbilling or otherwise advising the public that a labor dispute exists, or slowdowns, refusal to work, walk-off, sit down, stand-in, wobble, boycott of any kind, for any reason, by the Unions or employees employed on a Project, at the job site of a Project or any other facility of City because Agenda Packet Page 142 of 497
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7 of a dispute on a Project. Disputes arising between the Unions and Contractor(s)/ Employer(s) on other City projects are not governed by the terms of the Agreement or this Article, except that the Unions or construction persons employed on a Project may not participate in any strikes, sympathy strikes, work stoppages, picketing, hand billing, slowdowns, or otherwise advising the public that a labor dispute exists at a Project jobsite because of a dispute between Unions and Contractor(s) on any other project.

4.1.2 There shall be no lockout of any kind by a Contractor(s)/ Employer(s) of workers employed on a Project.

4.1.3 If a Master Agreement expires before the Contractor(s)/Employer(s) completes the performance of work under a Construction Contract and the Union or Contractor(s)/Employer(s) gives notice of a demand for a new or modified Master Agreement, the Union agrees that it will not strike on work covered by this Agreement and the Union and the Contractor(s)/Employer(s) agree that the expired Master Agreement will continue in full force and effect for work covered under this Agreement until a new or modified Master Agreement is reached. If the new or modified Master Agreement provides that any terms of the Master Agreement shall be retroactive, the Contractor(s)/Employer(s) agrees to comply with any retroactive terms of the new or modified Master Agreement that are applicable to any employee(s) on a Project during the interim, with retroactive payment due within seven (7) calendar days of the effective date of the new or modified Master Agreement. For the avoidance of doubt, Section 4.1.1 shall remain applicable for the duration of the Project even where a Master Agreement has expired.

4.1.4 In consideration of the foregoing, the Contractor(s) shall not incite, encourage, or participate in any lockout or cause to be locked out any employee covered under the provisions of this Agreement. The term “lockout” does not include the City’s decision to terminate or suspend work on the site or any portion thereof for any operational reason.

4.1.5 In the case of nonpayment of wages or trust fund contributions on the Project, the Union shall give the City and the Contractor(s)/Employer(s) three (3) business days’ notice when nonpayment of trust fund contributions has occurred, and one (1) business day’s notice when nonpayment of wages has occurred or when paychecks being tendered to a financial institution normally recognized to honor such paychecks will not honor such paycheck, of the intent to withhold labor from the Contractor(s)/Employer(s)’ or their subcontractor's workforce, during which time the Contractor/Employer may correct the default. In this instance, a Union's withholding of labor (but not picketing) from a Contractor(s)/Employer(s) who has failed to pay its fringe benefit contributions or failed to meet its weekly payroll shall not be considered a violation of this Article.

4.1.6 Notification: If the City or any Contractor contends that any Union has violated this Article, it will so notify in writing the Senior Executive of the Council and the Senior Executive of the Union, setting forth the facts alleged to violate the Article, prior to instituting the expedited arbitration procedure set forth below. The Council will immediately use its best efforts to cause the cessation of any violation of this Article. The leadership of the Union will immediately inform the workers of their obligations under this Article. A Union complying Agenda Packet Page 143 of 497
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8 with this obligation shall not be held responsible for the unauthorized acts of employees it represents.

4.2 Expedited Arbitration: Any party to this Agreement shall institute the following procedure, prior to initiating any other action at law or equity, when a breach of this Article is alleged to have occurred.

4.2.1 A party invoking this procedure shall notify Robert Hirsch, as the permanent arbitrator, or Barry Winograd, as the alternate arbitrator, under this procedure. In the event the permanent arbitrator is unavailable at any time, the alternate will be contacted. If neither is available, the parties shall select the arbitrator from the list in Section 12.4. Notice to the arbitrator shall be by the most expeditious means available, with notice by email and telephone to the City, the involved Contractor, and the party alleged to be in violation, and to the Council and involved local Union if a Union is alleged to be in violation.

4.2.2 Upon receipt of said notice, the City will contact the permanent arbitrator named above, or the alternate if the permanent arbitrator is not available, who will attempt to convene a hearing within twenty-four (24) hours if it is contended that the violation still exists.

4.2.3 The arbitrator shall notify the parties by email and telephone of the place and time for the hearing. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator's discretion, shall not exceed twenty-four (24) hours unless otherwise agreed upon by all parties. A failure of any party to attend said hearings shall not delay the hearing of evidence or the issuance of an award by the arbitrator.

4.2.4 The sole issue at the hearing shall be whether or not a violation of Section

4.1 of the Agreement has occurred. The arbitrator shall have no authority to consider any matter of justification, explanation or mitigation of such violation or to award damages, which issue is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without a written opinion. If any party desires a written opinion, one shall be issued within fifteen (15) calendar days, but the parties shall not delay compliance with or enforcement of the award due to the issuance of a written opinion. The arbitrator may order cessation of the violation of this Article, and the arbitrator’s award shall be served on all parties by hand or registered mail upon issuance. Should a party found in violation of this Article fail to comply with the arbitrator's award ordering the party to cease the violation, the party in violation shall pay to the affected party as liquidated damages the sum of ten thousand dollars ($10,000.00) per shift for which it failed to comply, or portion thereof, until such violation is ceased. The arbitrator shall retain jurisdiction to resolve any disputes regarding the liquidated damages claimed under this section, but such retention shall not prevent the moving party from seeking judicial enforcement of the initial decision as allowed in Section

4.2.5 below.

4.2.5 The arbitrator’s award may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to above in the following manner. The party filing such enforcement proceedings shall give written notice to the other party. In a proceeding to obtain a temporary order enforcing the arbitrator's award as issued under this Article, all parties waive the right to a hearing and agree that such proceeding Agenda Packet Page 144 of 497
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9 may be ex parte. However, such agreement does not waive any party's right to seek or participate in a hearing for a final order of enforcement. Any court order enforcing the arbitrator's award shall be served on all parties by hand or delivered by certified mail.

4.2.6 Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure, or which interfere with compliance with the above procedure, are waived by the parties.

4.2.7 The fees and expenses of the arbitrator shall be divided equally between the party instituting the arbitration proceedings provided in this Article and the party alleged to be in breach of its obligation under this Article.

4.2.8 Should either the permanent or the alternate arbitrator identified above no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement.

ARTICLE V

PRE-JOB CONFERENCES

5.1 Timing: The Project Manager shall convene and conduct, at a location and time mutually agreeable to the Council, a pre-job conference with the Unions and the representatives of all involved Contractors/Employers, who shall be prepared to announce craft assignments and discuss in detail the scope of work and the other issues set forth below, at least fourteen (14) calendar days prior to:
(a) The commencement of any Covered Work, and
(b) The commencement of Project Covered Work on any subsequently awarded Construction Contract.

5.2 The pre-job conference shall be attended by a representative of each participating Contractor and each affected Union, and the Council and City may attend at their discretion.

5.3 The pre-job conference shall include but not be limited to the following subjects:
(a) A listing of each Contractor’s scope of work;
(b) The craft assignments;
(c) The estimated number of craft workers required to perform the work; (d) Transportation arrangements;
(e) The estimated start and completion dates of the work; and (f) Discussion of pre-fabricated materials.

5.4 Review Meetings: The City and the Council shall have the right to call a meeting of the appropriate parties to ensure the terms of this Agreement are being fulfilled.

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10 ARTICLE VI

NO DISCRIMINATION

6.1 The Contractors/Employers and the Unions agree to comply with all antidiscrimination provisions of federal, state, and local law, to protect employees and applicants for employment, on the Project.

ARTICLE VII

UNION REPRESENTATION AND REFERRAL

7.1 The Contractors/Employers recognize the Unions as the sole bargaining representative of all craft employees performing Covered Work under this Agreement, and all such employees must be represented by a Union for the duration of their employment on the Project.

7.2 The Contractors/Employers shall make and transmit all deductions for Union dues, fees, and assessments that have been authorized by employees in writing in accordance with the applicable Master Agreement. This Agreement does not require any employee of a nonUnion contractor to join a Union or to pay dues or fees to a Union as a condition of working on the Project; however, nothing in this Article is intended to supersede the requirements of the applicable Master Agreements as to Contractors/Employers signatory to such Master Agreements and as to employees of those Contractors/Employers who are performing Covered Work.

7.3 Authorized representatives of the Unions shall have access to a Project whenever work covered by this Agreement is being, has been, or will be performed on the Project.

7.4 Contractor(s)/Employer(s) performing construction work on a Project shall, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established or authorized by the Unions signatory hereto. The Contractor(s)/Employer(s) shall have the right to reject any applicant referred by the Union(s), in accordance with the applicable Master Agreement.

7.5 Contractor(s)/Employer(s) shall have the unqualified right to select and hire directly all supervisors above the level of general foreman it considers necessary and desirable, without such persons being referred by the Union(s), unless such craft construction employee is covered by a Master Agreement.

7.6 In the event that referral facilities maintained by the Union(s) are unable to fill the requisition of a Contractor/Employer for employees within a forty-eight (48) hour period (Saturdays, Sundays and Holidays excluded) after such requisition is made by the Contractor/Employer, the Contractor/Employer shall be free to obtain the worker(s) from any source. A Contractor/Employer who hires a worker(s) pursuant to this section shall immediately provide the appropriate Union with the name and address of such worker(s) and shall immediately direct such worker(s) to the appropriate Union hiring hall to be referred for work on the Project.

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11 7.7 It is in the interest of the parties to this Agreement to facilitate employment of Local Area residents and to use resources in the Local Area in construction of the Project. The "Local Area" shall be defined as Contra Costa County. The Unions will exert their utmost efforts to recruit sufficient numbers of craft persons to fulfill the referral requirements of the Contractor(s)/Employer(s). To the extent allowed by law, and consistent with the Unions’ hiring hall provisions, and as long as they possess the requisite skills and qualifications, residents of the Local Area, including journeymen and apprentices, shall be referred for Project work covered by this Agreement.

ARTICLE VIII

WAGES AND BENEFITS

8.1 The Contractors/Employers agree to pay contributions to the vacation, pension and/or other deferred compensation plan, apprenticeship, worker protection and assistance, and health benefit funds established by the applicable Master Agreement(s) for each hour worked on a Project, in the amounts designated in the applicable Master Agreement(s).

8.2 By signing this Agreement, the Contractors/Employers adopt and agree to be bound by the written terms of the legally established Trust Agreements described in Section 8.1, which may from time to time be amended, specifying the detailed basis upon which payments are to be made into, and benefits paid out of, such Trust Funds. The Contractors/Employers authorize the parties to such local Trust Agreements to appoint trustees and successor trustees to administer the Trust Funds and hereby ratify and accept the trustees so appointed as if they were appointed by the Contractors/Employers. The Contractors/Employers agree to execute a separate subscription agreement(s) when such Trust Fund(s) requires such document(s).

8.3 Wages, Hours, Terms and Conditions of Employment: The wages, hours and other terms and conditions of employment on a Project shall be governed by the Master Agreement of the respective craft, to the extent such Master Agreement is not inconsistent with this Agreement. Where a subject is covered by the Master Agreement and not covered by this Agreement, the Master Agreement will prevail. When a subject is covered by both the Master Agreement and this Agreement, to the extent there is any inconsistency, this Agreement will prevail.

8.4 Holidays: Holidays shall be as set forth in the applicable Master Agreement.

ARTICLE IX

APPRENTICES

9.1 Recognizing the need to develop adequate numbers of competent workers in the construction industry, including on public works projects, the Contractors/Employers shall employ apprentices from a California state-approved Joint Apprenticeship Training Program in their respective crafts, to perform such work as is within their capabilities and that is customarily performed by the craft in which they are indentured.

9.2 Apprentice ratios will be in compliance with the provisions of the California Labor Code and the applicable state prevailing wage determination.

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12 9.3 Consistent with the Master Agreements, there shall be no restriction on the utilization of apprentices in performing the work of their craft provided they are properly indentured and supervised.

ARTICLE X

HELMETS TO HARDHATS

10.1 The Contractors/Employers and Unions recognize a desire to facilitate the entry into the building and construction trades of veterans who are interested in careers in the building and construction industry. The Contractors/Employers and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter “Center”) and the Center's "Helmets to Hardhats" program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the parties.

10.2 The Unions and Contractors/Employers agree to coordinate with the Center to participate in an integrated database of veterans interested in working on the Projects and of apprenticeship and employment opportunities for the Projects. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience.

ARTICLE XI

COMPLIANCE

11.1 It shall be the responsibility of the Contractors/Employers and Unions to investigate and monitor compliance with the provisions of Article VIII of this Agreement.

Nothing in this Agreement shall be construed to interfere with or supersede the usual and customary legal remedies available to the Unions and/or employee benefit Trust Funds to collect delinquent wages or Trust Fund contributions from Contractors/Employers on a Project. Because the Projects are public works subject to the California Labor Code, the City shall monitor and enforce the Contractors/Employers’ compliance with state prevailing wage requirements as well as this Agreement.

ARTICLE XII

GRIEVANCE ARBITRATION PROCEDURE

12.1 Project Labor Disputes: All disputes involving the application or interpretation of a Master Agreement to which a Contractor/Employer and a Union are parties shall be resolved pursuant to the resolution procedures of the Master Agreement. All disputes relating to the interpretation or application of this Agreement, other than disputes under Article IV and Article XIII, shall be subject to resolution by the grievance arbitration procedures set forth in this Article.

12.2 Employee Discipline: All disputes involving the discipline and/or discharge of an employee working on a Project shall be resolved through the grievance and arbitration provisions contained in the Master Agreement for the craft of the affected employee. No employee working on a Project shall be disciplined or discharged without just cause.

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13 12.3 No grievance shall be recognized unless the grieving party (Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice in writing to the party with whom it has a dispute within five (5) business days after becoming aware of the dispute but in no event more than thirty (30) business days after it reasonably should have become aware of the event giving rise to the dispute. Time limits may be extended by mutual agreement of the parties.

12.4 Grievances shall be settled according to the following procedures:

Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the representative of the involved Union or District Council, or his/her designee, and the representative of the involved Contractor/Employer, shall confer and attempt to resolve the grievance.

Step 2: If the grievance is not resolved at Step 1, within five (5) business days of the Step 1 meeting or the conclusion of efforts to resolve the grievance at Step 1, the alleged grievance may be referred in writing by either involved party to the Business Manager(s) of the affected Union(s) involved and the Labor Relations Manager of the Contractor/Employer, or the Contractor/Employer’s designated representative, for discussion and resolution. This time limit may be extended by mutual consent of both parties. Regardless of which party has initiated the grievance, the Union shall notify its International Union representative prior to the Step 2 meeting, and the International Union representative shall advise if it intends to participate in the Step 2 meeting. The Project Manager and the Council shall have the right to participate in any efforts to resolve the dispute at Step 2.

Step 3: If the grievance is not resolved at Step 2, either party may request the dispute be submitted to arbitration within five (5) business days of the Step 2 meeting or the conclusion of efforts to resolve the grievance at Step 2. This time limit may be extended by mutual consent of both parties. Within five (5) business days after referral of a dispute to arbitration, the representatives shall notify the permanent arbitrator designated in Article IV, or if not available, the alternate arbitrator designated in Article IV, for final and binding arbitration. If the permanent arbitrator or the alternate is not available, an arbitrator shall be selected by the alternate striking method from the list of three (3) below. The order of striking names from the list of arbitrators shall be determined by a coin toss, the winner of which shall decide whether they wish to strike first or second.

1. William Riker

2. Carol Vendrillo

3. Morris Davis

12.5 The decision of the arbitrator shall be final and binding on all parties. The arbitrator shall have no authority to change, amend, add to or detract from any of the provisions of the Agreement. The expense of the arbitrator shall be borne equally by both parties. The arbitrator shall arrange for a hearing on the earliest available date from the date of his/her selection. A decision shall be given to the parties within five (5) calendar days after completion Agenda Packet Page 149 of 497
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14 of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a party from the presiding arbitrator.

12.6 The time limits specified at any step of the grievance procedure may be extended by mutual agreement of the parties. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without an agreed upon extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing and/or resolution of like or similar grievances or disputes.

12.7 In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of this grievance procedure, the parties agree that such settlements shall not be precedent setting.

12.8 Retention: At the time a grievance is submitted under this Agreement or any Master Agreement, the Union(s) may request that the City withhold and retain an amount from what is due and owing to the Contractor(s) against whom the grievance is filed, or its higher-tier Contractor, sufficient to cover the damages alleged in the grievance, should the Union(s) prevail.

Provided doing so is not a violation of law or contract, the amount shall be retained by the City until such time as the underlying grievance giving rise to the retention is withdrawn, settled, or otherwise resolved, and the retained amount shall be paid to whomever the parties to the grievance shall decide, or to whomever an arbitrator shall so order.

12.9 Should any of the arbitrators listed in this Article or Article IV no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement.

ARTICLE XIII

WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES

13.1 The assignment of Covered Work will be solely the responsibility of the Employer performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of the Jurisdictional Disputes in the Construction Industry (the “Plan”) or any successor Plan.

13.2 All jurisdictional disputes on this Project between or among the building and construction trades Unions and the Employers parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Employers and Unions parties to this Agreement.

13.3 If a dispute arising under this Article involves the Northern California Carpenters Regional Council or any of its subordinate bodies, an arbitrator shall be chosen by the procedures specified in Article V, Section 5 of the Plan from a list composed of John Kagel, Thomas Angelo, Robert Hirsch and Thomas Pagan, and the arbitrator’s hearing on the dispute shall be held at the offices of the California State Building and Construction Trades Council in Sacramento, California within fourteen (14) calendar days of the selection of the arbitrator. All other procedures shall be as specified in the Plan.

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15 13.4 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature, and the Employer’s assignment shall be adhered to until the dispute is resolved. Individual employees violating this section shall be subject to immediate discharge.

13.5 Each Employer will conduct a pre-job conference with the Council prior to commencing work. The City and the Project Manager will be advised in advance of all such conferences and may participate if they wish. Pre-job conferences for different Employers may be held together.

ARTICLE XIV

MANAGEMENT RIGHTS

14.1 Consistent with the Master Agreements, the Contractor(s)/Employer(s) shall retain full and exclusive authority for the management of their operations, including the right to direct their work force in their sole discretion. No rules, customs or practices shall be permitted or observed which limit or restrict production, or limit or restrict the working efforts of employees, except that all lawful manning provisions in the Master Agreement shall be recognized.

ARTICLE XV

DRUG AND ALCOHOL TESTING

15.1 The use, sale, transfer, purchase and/or possession of a controlled substance, alcohol and/or firearms at any time during the work day is prohibited.

15.2 Drug and alcohol testing shall be conducted in accordance with the substance abuse prevention policies set forth in the applicable Master Agreement.

ARTICLE XVI

SAVINGS CLAUSE

16.1 If any article, provision, clause, sentence or word of this Agreement is determined to be illegal or void as being in contravention of any applicable law, by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. The parties further agree that if any article, provision, clause, sentence or word of the Agreement is determined to be illegal or void, by a court of competent jurisdiction, the parties shall substitute, by mutual agreement, in its place and stead, an article, provision, clause, sentence or word that will meet the objections to its validity and will be in accordance with its original intent.

16.2 In the event a decision of a court of competent jurisdiction materially alters the terms of this Agreement such that the intent of the parties is defeated, then the entire Agreement shall be null and void.

16.3 If a court of competent jurisdiction determines that all or part of the Agreement is invalid and/or enjoins the City from complying with all or part of the Agreement’s provisions, and the City accordingly determines that compliance with this Agreement will not be required in Agenda Packet Page 151 of 497
Project Stabilization Agreement
for the City of El Cerrito
16 order to perform work under a Construction Contract, the Unions will no longer be bound by the provisions of Article IV.

ARTICLE XVII
TERM

17.1 This Agreement shall apply until the Completion of each Project in accordance with Sections 1.4 and 2.2.

17.2 This Agreement shall become effective on the Effective Date. It shall remain in full force and effect for a period of five (5) years from the Effective Date. Prior to each five (5) year anniversary of the Effective Date, the City and the Council shall meet to discuss proposed changes, if any, to the Agreement. Absent changes or termination, the Agreement will roll over for an additional five (5) years (“Extended Term”).

ARTICLE XVIII

MISCELLANEOUS PROVISIONS

18.1 The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context and/or particular facts may require.

18.2 This Agreement may be executed in counterparts, such that original signatures may appear on separate pages and when bound together all necessary signatures shall constitute an original. Faxed or emailed signature pages transmitted to other parties to this Agreement shall be deemed the equivalent of original signatures.

18.3 Each of the persons signing this Agreement represents and warrants that such person has been duly authorized to sign this Agreement on behalf of the party indicated, and each of the parties signing this Agreement warrants and represents that such party is legally authorized and entitled to enter into this Agreement.

18.4 The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.

18.5 All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context and/or particular facts may require. [SIGNATURES TO FOLLOW]
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17 CONTRA COSTA COUNTY BUILDING

AND CONSTRUCTION TRADES

COUNCIL
By: ________________________________
Bill Whitney, CEO
Date: __________________________

CITY OF EL CERRITO
By: ________________________________
Karen Pinkos, City Manager
Date: __________________________
ATTEST:

By: ________________________________
Holly M. Charléty, City Clerk
Date: __________________________
APPROVED AS TO FORM:

By: ________________________________
Sky Woodruff, City Attorney
Date: __________________________
Agenda Packet Page 153 of 497
Project Stabilization Agreement
for the City of El Cerrito
18 [UNION SIGNATURES]
Agenda Packet Page 154 of 497
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19 Addendum A

AGREEMENT TO BE BOUND
[Date]
[Addressee]
[Address]
Re: Project Stabilization Agreement for the City of El Cerrito Agreement to be Bound
Dear ________________:

The undersigned confirms that it agrees to be a party to and bound by the Project Stabilization Agreement for the City of El Cerrito (“Agreement”) as such Agreement may, from time to time, be amended by the parties or interpreted pursuant to its terms.

By executing this Agreement to be Bound, the undersigned subscribes to, adopts and agrees to be bound by the written terms of the legally established trust fund documents as set forth in Section

8.1 of the Agreement, as they may from time to time be amended, specifying the detailed basis upon which contributions are to be made into, and benefits made out of, such trust funds, and ratifies and accepts the trustees appointed by the parties to such trust funds. The undersigned agrees to execute a separate subscription agreement(s) for such trust funds when such trust fund(s) require(s) such document(s).

The obligation to be a party to and bound by the Agreement shall extend to all work covered by the Project Stabilization Agreement for the City of El Cerrito undertaken by the undersigned.

The undersigned shall require all of its subcontractors, of whatever tier, to become similarly bound for all their work within the scope of the Agreement by signing an identical Agreement to be Bound.

This letter shall constitute a subscription agreement, to the extent of the terms of the letter.

CONTRACTOR/SUBCONTRACTOR:

California Contractor State License No. or Motor Carrier (CA) Permit No.:

Name of Authorized Person (print):

Signature of Authorized Person:

Title of Authorized Person:

Telephone Number of Authorized Person:

Address of Authorized Person:

State Public Works Registration Number:

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20 Addendum B

SIDE LETTER
This Side Letter supplements the Project Stabilization Agreement for the City of El Cerrito (“Agreement”), entered into by and between the City of El Cerrito (“City”) and the Contra Costa Building and Construction Trades Council (“Council”), and its affiliated local Unions (“Unions”), on the ____ day of ______________, 2022, with respect to the El Cerrito del Norte Complete Streets Improvement project also known as the Del Norte Complete Streets project (collectively “Del Norte Project”).

Notwithstanding any provision of the Agreement, and in furtherance of the mutual benefits and commitments therein, the City and the Council (collectively the “Parties”) hereby agree that the Del Norte Project shall not be subject to or covered by the Agreement.

The Parties’ agreement to waive the application of the Agreement to the Del Norte Project does not constitute a waiver of the application of the Agreement to any other Projects as defined in the Agreement. All other provisions of the Agreement shall remain in full force and effect.

The Council has been duly authorized to execute this Side Letter on behalf of the Unions, who consent to the terms herein. Each of the undersigned Parties warrant and represent that they are legally authorized to enter into this Side Letter.

IN WITNESS WHEREOF, this Side Letter is effective as of the date last indicated below.

CONTRA COSTA COUNTY BUILDING

AND CONSTRUCTION TRADES

COUNCIL
By: ________________________________
Bill Whitney, CEO
Date: __________________________

CITY OF EL CERRITO
By: ________________________________
Karen Pinkos, City Manager
Date: __________________________
Agenda Packet Page 156 of 497
Project Stabilization Agreement
for the City of El Cerrito
21 ATTEST:

By: ________________________________
Holly M. Charléty, City Clerk
Date: __________________________
APPROVED AS TO FORM:

By: ________________________________
Sky Woodruff, City Attorney
Date: __________________________
154015\1289594
5175673.1
Agenda Packet Page 157 of 497

AGENDA BILL
Agenda Item No. 8.B.

Date: August 16, 2022
To: El Cerrito City Council
From: Aissia Ashoori, Housing Manager; Sean Moss, Planning Manager, Community Development Department
Subject: 2023-2031 Draft Housing Element

ACTION PROPOSED
Receive and file presentation of the Draft 2023-2031 6
th Cycle Housing Element and
provide input to staff prior to submitting it to the California Department of Housing and Community Development for the state-mandated review.

BACKGROUND
The Housing Element is one of seven mandatory elements of a local jurisdiction's General Plan. State law (Senate Bill 375) requires jurisdictions in the nine-county San Francisco Bay Area, including El Cerrito, to update their Housing Element based on an eight-year planning period (e.g. 2015-2023; 2023-2031.) The Housing Element reflects the vision, opportunities and priorities of the El Cerrito community. The document is a plan for the City to be able to accommodate its fair share of the regional housing need for people of all income levels and addresses and responds to several specific State statutory requirements.

The City’s existing 5
th Cycle 2015-2023 Housing Element, as required by State Law, was adopted and certified by the California Department of Housing and Community Development (HCD) in 2015. The 5
th Cycle covers the planning period from January
31, 2015, to January 31, 2023. El Cerrito was assigned a total of 398 new dwelling units for this period.

The 6
th Cycle Housing Element will cover the planning period from January 31, 2023 – January 31, 2031 and must be adopted by January 31, 2023. A total of 1,391 new dwelling units are assigned to the City across income levels. HCD has provided a 120- day grace period following the January 31, 2023 due date because of late guidance provided to jurisdictions by HCD related to the new legislative requirements, such as AB 686 (Affirmatively Furthering Fair Housing).

In December 2021, City staff issued a Request for Proposals to identify a consultant team to assist with the 6
th Cycle Housing Element. In January 2022, the City Council authorized a contract award to Ascent Environmental, Inc. (Ascent) to assist with the preparation of the 6
th Cycle Housing Element. The contract award cannot exceed $150,000 and is being funded through the Local Early Action Planning (LEAP) Grant from HCD.

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Agenda Item No. 8.B.

City staff began development of the Housing Element update in February 2022. Since then, staff have facilitated community outreach for the project, including multiple community meetings as described in greater detail in this report.

ANALYSIS
Regional Housing Needs Assessment
As part of the state mandated Housing Element, HCD identifies the Regional Housing Needs Determination (RHND) and sets the number of homes that will need to be created to meet our housing needs at all income levels. Subsequently, the Association of Bay Area Governments (ABAG) is tasked with developing the methodology through the Regional Housing Needs Assessment (RHNA) to allocate housing units to all jurisdictions. Once a jurisdiction receives its final RHNA from ABAG, it must revise the Housing Element of its General Plan and update zoning ordinances to accommodate its portion of the region's housing needs. All jurisdictions are also required to report their progress to HCD annually.

On December 16, 2021, ABAG adopted the Final RHNA Plan: San Francisco Bay Area, 2023-2031. The San Francisco Bay Area region was assigned 441,176 using four levels of affordability based on the Area Median Income (AMI). El Cerrito was assigned 1,391 units for the 6
th Cycle, as shown in Table 1 by income category.

Table 1: El Cerrito, 6
th Cycle RHND and RHNA by Income Category
2023-2031
RHNA
Very Low
(<50% AMI)
Low
(50%-
80%AMI)
Moderate
(80%-
120% AMI)
Above
Moderate
(>120%
AMI)
Total
SF Bay
Area
114,442 65,892 72,712 188,130 441,176
El Cerrito 334 192 241 624 1,391
For reference, El Cerrito’s 5
th Cycle RHNA was 398, and current progress is shown in Table 2. El Cerrito is 1 of 38 jurisdictions in the state of California exempt from SB 35 Streamlined Ministerial Approval Process based on our 2021 Annual Progress Report showing progress towards meeting our assigned housing targets.

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Agenda Item No. 8.B.

Table 2: El Cerrito, 5
th Cycle RHNA by Income Category
Very
Low
Low Moderate Above
Moderate
Total
2015-22 RHNA 100 63 69 166 398
Permitted/Built 62 6 15 509 592
Percent Achieved 62% 10% 22% 307% 149%
San Pablo Avenue Specific Plan Update
The Housing Element Update also evaluates other City policies and programs that analyze the City’s General Plan, Zoning Code, and San Pablo Avenue Specific Plan (Plan). The Plan plays a key role in supporting the State’s regional housing goals by substantially increasing housing opportunities available to the community. Beginning in 2019, staff kicked off an update to the Plan – www.el-cerrito.org/spasp - which includes preparation of a Supplemental Environmental Impact Report (SEIR) for the Plan area. The SEIR analysis is based upon a development capacity of 2,500 new residential units and 100,000 square feet of net new commercial space. The draft SEIR and Plan update were released on July 19, 2022, and the 45-day day public review period will extend through September 2, 2022. The Plan update is an important component of the Housing Element as it will create additional capacity within the SEIR to provide substantial sites to be included in the Housing Element sites inventory and contribute towards achieving RHNA goals.

Housing Element Components
To accomplish our housing goals, policies and implementation actions, City staff worked closely with Ascent to develop the Draft 2023-2031 6 th Cycle Housing Element
Update. A significant component of the Housing Element Update includes public participation to ensure the housing needs/issues of current and future residents are taken into consideration to produce, protect and preserve housing opportunities.

The Housing Element analyzes conditions and identifies goals, objectives, policies, and action programs that directly address the housing needs of El Cerrito in consideration with RHNA goals. There are multiple components within the Housing Element that includes the Chapters listed below:

1. Chapter 1 - Introduction: This chapter includes an introduction to the Housing Element, an overview of the organization of the Housing Element, a description of general plan consistency, and a summary of community participation.

2. Chapter 2 – Housing Needs Assessment: This chapter analyzes population and demographic profiles, employment trends, population growth trends, household characteristics, special housing needs, housing stock characteristics, Agenda Packet Page 160 of 497
Agenda Item No. 8.B.
housing costs and affordability, unsheltered population, and assisted housing at risk of conversion.

3. Chapter 3 – Assessment of Fair Housing: This chapter provides an analysis of fair housing issues and practices in El Cerrito including patterns of integration and segregation, disparities in access to opportunity, and disproportionate housing needs. It also examines the relationship between the sites inventory and its potential impact on fair housing issues in the City. The chapter also includes a summary of strategies to affirmatively further fair housing.

4. Chapter 4 - Sites Inventory: This chapter identifies opportunities for housing production to meet the City’s fair share of regional housing needs as determined by the RHNA. It includes a description of the City’s RHNA and the results of the inventory of sites within the City that are suitable for residential development during the eight-year planning period.

5. Chapter 5 - Constraints Analysis: This chapter analyzes potential constraints on the maintenance, improvement, and development of housing including governmental constraints like land use controls, permits and processing procedures, fees, and zoning for a variety of housing types as well as nongovernmental constraints such as land and development costs and the availability of financing.

6. Chapter 6 – Energy Conservation, Climate Action and Sustainability: This chapter analyzes opportunities to encourage energy-saving features, energysaving materials, and energy efficient systems and design for residential development.

7. Chapter 7 – Housing Plan: This chapter establishes goals, policies, and implementation programs that will provide direction to help the City meet its housing goals.

Appendices:

1. Evaluation of Previous (2015-2023) Housing Element: This appendix summarizes the City’s accomplishments during the previous (2015-2023) Housing Element planning period and evaluates each of the previous programs.

2. Community Engagement: This appendix includes a record of all feedback and comments received as part of community engagement for the Housing Element process, including meeting flyers, online survey results, responses to live polling during community workshops, and all other comments submitted during the community workshops.

3. BART TOD Housing Element Letter: This appendix includes a copy of the letter sent by BART to all Bay Area jurisdictions on March 7, 2022, related to the inclusion of BART land in the sites inventory.

The Chapters will be covered in detail during the presentation to the City Council.

However, staff would like to highlight three key Chapters in this report:

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Agenda Item No. 8.B.

Assessment of Fair Housing
A new component of the Housing Element passed in 2018 as part of AB 686:

Affirmatively Furthering Fair Housing (AFFH). According to AB 686, affirmatively furthering fair housing means to take “meaningful actions, in addition to combating discrimination, which overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics” and is Federally mandated by the 1968 Fair Housing Act. The five main AFFH elements that all jurisdictions will need to incorporate into Housing Element updates are: (1) Targeted Community Outreach, (2) Assessment of Fair Housing, (3) Site Inventory, (4) Identification and Prioritization of Contributing Factors, and (5) Goals Policies and Actions. The City is deeply committed to undertaking actions that implement AFFH for our community.

Sites Inventory
This Sites Inventory analyzes parcels/sites within the City that are suitable for residential development in consideration with current zoning designations. There are numerous variables used to determine site capacity on both vacant and underutilized sites. This data analysis supports the RHNA allocation of 1,391 new housing units – of which 38% are targeted to very low- and low-income households – during the 2023-31 planning period.

Within Chapter 4 – Sites Inventory – the residential land sites inventory is required “to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels” (Government Code Section 65583.2(a)). The phrase “land suitable for residential development” in Government Code Section 65583(a)(3) includes all of the following:
 Vacant sites zoned for residential use;
 Vacant sites zoned for nonresidential use that allow residential development; and
 Underutilized sites that have zoning that allows residential development and are capable of being developed at a higher density.

Under State Law, the established density default is calculated 30 units per acre for lower-income units in the City. However, given that the City has a variety of zoning districts that allow 30 units per acre and above, the average density of recently approved housing across the City is approximately 158 units per acre. As noted in Chapter 4.5.1.5 - Sites within the SPASP, the San Pablo Avenue Specific Plan does not establish maximum densities, given the form-based code that provides regulations within the Plan area. Therefore, the base density assumption within the Plan area assumes 156 units per acre.

Although El Cerrito was largely built out in the 1930’s-1960’s, and lacked housing Agenda Packet Page 162 of 497
Agenda Item No. 8.B.
production in the decades after, much of our new housing will occur on underutilized nonvacant sites within the San Pablo Avenue Specific Plan area. Some examples of completed projects built on nonvacant sites with existing uses are detailed below in Table 4-5.

Table 4-8 further summarizes the projected number of new housing units Citywide, including those within the San Pablo Avenue Specific Plan area based on our 6th Cycle RHNA. Figure 4-1 - Site Inventory Map - illustrates the site locations based on zoning designations.

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Agenda Item No. 8.B.

Chapter 7 – Housing Plan:

Chapter 7 established the goals, policies, and implementation programs in the 2023-31 Draft Housing Element that strive to produce, protect, and preserve housing. New key implementation programs that are being considered in the 2023-31 Draft Housing Element are listed below by category. The full list of policies and programs is contained in Chapter 7.

H1: Accelerate Housing Production
 Program H-1.A. Maintain Site Inventory
 Program H-1.B. Promote High Density and Mixed-use Development in San Pablo Avenue Specific Plan Area
 Program H-1.C. Accessory Dwelling Unit Tools and Resources  Program H-1.E. Zoning for Innovative Housing Types
 Program H-1.D. Objective Design Standards
H2: Support Affordable and Special Needs Housing
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 Program H-2.A. Inclusionary Zoning Ordinance
 Program H-2.B. Affordable Housing Trust Fund Priorities  Program H-2.C. New Local Sources of Affordable Housing Funding  Program H-2.E. Develop Mixed Income Housing on BART Lands  Program H-2.F. Coordinate Transportation Projects with Affordable Housing  Program H-2.G. Shelter and Housing Solutions for Persons Experiencing Homelessness
 Program H-2.H. Zoning Amendments for Special Needs Housing  Program H-2.I. State Density Bonus
 Program H-2.J. Affordable Housing and Places of Assembly H3: Conserve Exiting Housing and Precent Displacement
 Program H-3.C. Tenant Protections
H4: Affirmatively Further Fair Housing
 Program H-4.B. Reasonable Accommodation Procedures
 Program H-4.C. Housing Choice Voucher (HCV) Program
 Program H-4.D. Community Opportunity to Purchase Act
While the City has undertaken many actions to support housing, it is important to remember that new construction is driven by market conditions and includes various economic factors such as financing/funding, land/construction costs, and feasibility.

Many of the City’s new housing options in the 2023-31 period will be constructed at the El Cerrito Plaza BART Station as part of its proposed mixed-used transit-oriented development with a range of 700-800 units at all income levels. In addition, Phase II of Mayfair - Affordable is expected to break ground in late 2023 and, once delivered, will provide 69 affordable units.

General Plan Safety Element
Recent legislation requires that all cities review and update their Safety Element as necessary every eight years. Additional efforts are required to be undertaken to update the City’s Safety Element. City staff anticipates releasing an RFP in Fall 2022 to kick-off this update. The Safety Element will include cross coordination efforts with other Departments, including Police and Fire, to identify and address potential hazards such as seismic, fire and other safety elements.

Community Engagement & Public Participation
Ascent and the City have undertaken many community engagement activities and will continue to during the entire process. The City distributed a web-based community survey open April 7, 2022 – July 8, 2022 with a total of 215 responses. The survey was Agenda Packet Page 165 of 497
Agenda Item No. 8.B.
provided in English, Spanish, and Chinese and posted in civic locations as well as on social media. On April 26, 2022, a virtual community workshop was held and a total of 24 participants attended. A second virtual community workshop was held on August 1, 2022, with 9 participants. Appendix B, Community Engagement – lists all the activities that have occurred to date.

As required by state law, the Draft 2023-2031 6
th Cycle Housing Element Update was
published on the project page www.el-cerrito.org/HousingElement2023 on July 29, 2022. Members of the public are encouraged to participate and provide comments within a 30-days period by August 29, 2022.

Schedule & Next Steps
The City intends to submit the Draft Housing Element Update to HCD for review in September 2022. As a reminder, the City must take an additional ten business days to consider and incorporate public comments received by August 29, 2022, prior to submitting to HCD for review. Under AB 215, HCD has 90 days, instead of the previous 60 days, to provide its written report/findings. Once comments are received, along with another public review, City staff will submit a second draft, as needed. Subsequent HCD reviews are subject to a 60-day review. City staff and Ascent will work with the Planning Commission and City Council to adopt the 6
th Cycle Housing Element by
HCD’s January 31, 2023, deadline. However, HCD has also provided a 120-day grace period following the January 31, 2023, due date because of late guidance provided to jurisdictions by HCD related to the new legislative requirements, such as AB 686. If, for some reason, the City is unable to meet the grace period adoption deadline of March 31, 2023, we will be required to update our Housing Element every four years (instead of every eight years). City staff and Ascent believe that we are on track to meet the required timeframe for certification.

STRATEGIC PLAN CONSIDERATIONS
This effort will assist the City in implementing the following goals of the Strategic Plan:
 Goal A: Deliver Exemplary Government Services;
 Goal B: Achieve Long-Term Financial Sustainability;
 Goal C: Deepen a Sense of Place and Community Identity; and Goal F: Foster Environmental Sustainability Citywide.

ENVIRONMENTAL CONSIDERATIONS
All required documents for California Environmental Quality Act (CEQA) review and submittal, including the Initial Study and subsequent documents identified as needed pursuant to CEQA will be met in the Housing Element Update. The City and consultant will detail assumptions made regarding the level of analysis that may be needed and will produce the necessary CEQA document and any prior environmental documents which may be relied on for tiering purposes pursuant to CEQA.

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Agenda Item No. 8.B.

FINANCIAL CONSIDERATIONS
There are no financial considerations associated with the review of the Draft 2023-2031 6th Cycle Housing Element.

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

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. 2023-2031 DRAFT Housing Element
Agenda Packet Page 167 of 497
JULY 2022
Public Review Draft
Agenda Packet Page 168 of 497
Agenda Packet Page 169 of 497
Table of Contents i

TABLE OF CONTENTS
Section Page
CHAPTER 1 | INTRODUCTION ................................................................................................................................................................ 1-1

1.1 Consistency with State Law.........................................................................................................................................1-1

1.2 Housing Element Organization.................................................................................................................................1-2

1.3 General Plan Consistency ...........................................................................................................................................1-2

1.4 Relationship to Other Plans and Programs...........................................................................................................1-3

1.5 Public Participation.......................................................................................................................................................1-4 CHAPTER 2 | HOUSING NEEDS ASSESSMENT .................................................................................................................................. 2-1

2.1 Population and Demographic Profile .....................................................................................................................2-1

2.2 Employment Trends .................................................................................................................................................... 2-7

2.3 Household Characteristics........................................................................................................................................2-13

2.4 Special Housing Needs ............................................................................................................................................2-22

2.5 Housing Stock Characteristics.................................................................................................................................2-31

2.6 Housing Costs and Affordability............................................................................................................................2-35

2.7 Assisted Housing at Risk of Conversion..............................................................................................................2-39 CHAPTER 3 | ASSESSMENT OF FAIR HOUSING ................................................................................................................................ 3-1

3.1 Introduction and Overview of AB 686 ....................................................................................................................3-1

3.2 Fair Housing Assessment............................................................................................................................................3-1

3.3 Integration and Segregation .................................................................................................................................... 3-8

3.4 Racially and Ethnically Concentrated Areas .......................................................................................................3-25

3.5 Access to Opportunities...........................................................................................................................................3-30

3.6 Disproportionate Needs ..........................................................................................................................................3-49

3.7 Assessment of Sites Inventory and Fair Housing..............................................................................................3-62

3.8 Fair Housing Issues, Contributing Factors, and Actions ..................................................................................3-71 CHAPTER 4 | SITES INVENTORY ........................................................................................................................................................... 4-1

4.1 Introduction....................................................................................................................................................................4-1

4.2 Regional Housing Needs Allocation........................................................................................................................4-1

4.3 Planned and Approved Residential Projects........................................................................................................ 4-2

4.4 Affordability Analysis of Market Rate Apartments ............................................................................................. 4-5

4.5 Vacant and Underutilized Sites Inventory ............................................................................................................ 4-6

4.6 Projection of Accessory Dwelling Units................................................................................................................4-16

4.7 RHNA Summary ..........................................................................................................................................................4-16 CHAPTER 5 | CONSTRAINTS ANALYSIS .............................................................................................................................................. 5-1

5.1 Potential Governmental Constraints .......................................................................................................................5-1

5.2 Non-Governmental Constraints ............................................................................................................................5-28

5.3 Developer Input on Constraints ............................................................................................................................5-32 CHAPTER 6 | ENERGY CONSERVATION, CLIMATE ACTION, AND SUSTAINABILITY ............................................................... 6-1

6.1 Energy Efficiency Building Requirements...............................................................................................................6-1

6.2 Energy Efficiency and Conservation Programs ................................................................................................... 6-2 CHAPTER 7 | HOUSING PLAN................................................................................................................................................................ 7-1

7.1 Funding Resources ....................................................................................................................................................... 7-1

7.2 Goals, Policies, and Implementation Programs .................................................................................................. 7-2

7.3 Quantified Objectives ................................................................................................................................................7-12 Agenda Packet Page 170 of 497
Public Review Draft El Cerrito Housing Element 2023-2031 ii Table of Contents

APPENDICES
Appendix A – Evaluation
Appendix B – Community Engagement
Appendix C – BART TOD Housing Element Letter

FIGURES
Figure 1-1: Survey Responses to “Have you or are you experiencing any of the following housing issues?” ...................1-5 Figure 1-2: Survey Responses to “What do you feel is the most significant housing problem facing El Cerrito residents?”.................................................................................................................................................................................1-6 Figure 1-3: Survey Responses to “How much of your gross income (before taxes) do you spend on housing costs (rent, mortgage payments, etc) each month?”...................................................................................................1-6 Figure 2-1: Regional Population Trends, El Cerrito, Contra Costa County, and Bay Area, 1990-2020.................................2-1 Figure 2-2: Population by Age, El Cerrito, 2019 .................................................................................................................................. 2-3 Figure 2-3: Population by Race and Ethnicity*, El Cerrito, 2000-2019.......................................................................................... 2-5 Figure 2-4: Senior and Youth Population by Race*, El Cerrito, 2019 ............................................................................................ 2-6 Figure 2-5: Jobs in El Cerrito (2002-2018)............................................................................................................................................. 2-7 Figure 2-6: Resident Employment by Industry, El Cerrito, Contra Costa County, Bay Area, 2019 ....................................... 2-8 Figure 2-7: Workers by Earnings as Place of Work and Place of Residence, El Cerrito, 2019................................................ 2-9 Figure 2-8: Jobs: Household Ratio, El Cerrito, Contra Costa County, and Bay Area, 2002-2018.........................................2-10 Figure 2-9: Average Unemployment Rates, El Cerrito, Contra Costa County, and Bay Area, 2010-2021 ......................... 2-11 Figure 2-10: Households by Type, El Cerrito, 2015-2019..................................................................................................................2-13 Figure 2-11: Housing Tenure, El Cerrito, Contra Costa County, and the Bay Area, 2015-2019.............................................2-14 Figure 2-12: Housing Tenure by Housing Type, El Cerrito, 2015-2019 ........................................................................................2-15 Figure 2-13: Housing Tenure by Age, El Cerrito, 2015-2019 ...........................................................................................................2-15 Figure 2-14: Housing Tenure by Race*, El Cerrito, 2015-2019........................................................................................................2-16 Figure 2-15: Households by Income Level, El Cerrito, 2017 ............................................................................................................2-18 Figure 2-16: Household Income Level by Tenure, El Cerrito, 2017 ...............................................................................................2-18 Figure 2-17: Overcrowding by Tenure and Severity..........................................................................................................................2-19 Figure 2-18: Overcrowding by Income Level......................................................................................................................................2-20 Figure 2-19: Cost Burden by Tenure, El Cerrito, 2015-2019.............................................................................................................2-21 Figure 2-20: Cost Burden by Race and Ethnicity, El Cerrito, 2015-2019......................................................................................2-21 Figure 2-21: Disability by Type, El Cerrito, 2019.................................................................................................................................2-24 Figure 2-22: Female-Headed Households by Poverty Status, El Cerrito, 2019 ........................................................................2-25 Figure 2-23: Household Size by Tenure ..............................................................................................................................................2-26 Figure 2-24: Housing Units by Number of Bedrooms ....................................................................................................................2-27 Figure 2-25: Racial Demographics of the Homeless Population, Contra Costa County, 2019............................................2-29 Figure 2-26: Farm Labor, Contra Costa County, 2002-2017...........................................................................................................2-31 Figure 2-27: Housing Type Trends, El Cerrito, 2010 and 2020......................................................................................................2-32 Agenda Packet Page 171 of 497
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Figure 2-28: Housing Units by Year Built, El Cerrito, 2019 .............................................................................................................2-33 Figure 2-29: Vacant Units by Type, El Cerrito, Contra Costa County, and Bay Area, 2019...................................................2-34 Figure 2-30: Substandard Housing Issues, El Cerrito, 2019............................................................................................................2-34 Figure 2-31: Home Values of Owner-Occupied Units, El Cerrito, 2015-2019............................................................................2-35 Figure 2-32: Zillow Home Value Index (ZHVI) ...................................................................................................................................2-36 Figure 2-33: Contract Rents for Renter-Occupied Units, El Cerrito, 2015-2019.......................................................................2-37 Figure 2-34: Median Contract Rent, El Cerrito, Contra Costa County, and Bay Area, 2009-2019......................................2-37 Figure 3-1: Racial Demographics in Contra Costa County, 2018.................................................................................................... 3-9 Figure 3-2: Racial Demographics in El Cerrito, 2018......................................................................................................................... 3-11 Figure 3-3: Distribution of Population with a Disability in Contra Costa County, 2019..........................................................3-15 Figure 3-4: Distribution of Population with a Disability in El Cerrito, 2019 ................................................................................3-16 Figure 3-5: Distribution of Percentage of Children in Married-Couple Households in Contra Costa County, 2019..........3-18 Figure 3-6: Distribution of Percentage of Children in Female-Headed, No-Spouse or No-Partner Households in Contra Costa County, 2019............................................................................................................................................3-19 Figure 3-7: Percent of Children in Married-Couple Households by Tract in El Cerrito, 2019..............................................3-20 Figure 3-8: Percent of Children in Female-Headed Households by Tract in El Cerrito, 2019...............................................3-21 Figure 3-9: Distribution of Population with Low to Moderate Income Levels in Contra Costa County, 2015................3-23 Figure 3-10: Distribution of Population with Low to Moderate Income Levels in El Cerrito, 2015.....................................3-24 Figure 3-11: R/ECAPs in Contra Costa County, 2013 ........................................................................................................................3-26 Figure 3-12: Expanded R/ECAPs in Contra Costa County ..............................................................................................................3-27 Figure 3-13: R/ECAPs in El Cerrito, 2013 ..............................................................................................................................................3-28 Figure 3-14: Median Household Income in Contra Costa County...............................................................................................3-29 Figure 3-15: Median Household Income in El Cerrito......................................................................................................................3-30 Figure 3-16: Composite Score of TCAC Opportunity Areas in Contra Costa County, 2021.................................................3-33 Figure 3-17: TCAC Composite Scores in El Cerrito, 2021................................................................................................................3-34 Figure 3-18: TCAC Opportunity Areas’ Education Score in Contra Costa County, 2021.......................................................3-35 Figure 3-19: TCAC Opportunity Areas’ Education Score in El Cerrito, 2021..............................................................................3-36 Figure 3-20: Public Transit Routes in Contra Costa County, 2021...............................................................................................3-38 Figure 3-21: AllTransit Overall Performance Score in El Cerrito, 2021........................................................................................3-39 Figure 3-22: Job Proximity Index in Contra Costa County, 2017..................................................................................................3-40 Figure 3-23: TCAC Opportunity Areas’ Economic Score in Contra Costa County, 2021........................................................3-41 Figure 3-24: Job Proximity Index in El Cerrito, 2017.........................................................................................................................3-42 Figure 3-25: TCAC Opportunity Areas’ Economic Score in El Cerrito, 2021 .............................................................................3-43 Figure 3-26: TCAC Opportunity Areas’ Environmental Score in Contra Costa County, 2021..............................................3-44 Figure 3-27: CalEnviroScreen 4.0 Results in Contra Costa County, 2021...................................................................................3-45 Figure 3-28: TCAC Opportunity Areas’ Environmental Score in El Cerrito, 2021 ....................................................................3-46 Agenda Packet Page 172 of 497
Public Review Draft El Cerrito Housing Element 2023-2031 iv Table of Contents
Figure 3-29: CalEnviroScreen 4.0 Results in El Cerrito, 2021.........................................................................................................3-47 Figure 3-30: Healthy Places Index in Contra Costa County...........................................................................................................3-48 Figure 3-31: Healthy Places Index in El Cerrito ..................................................................................................................................3-49 Figure 3-32: Distribution of Percentage of Overpayment by Renters in Contra Costa County...........................................3-51 Figure 3-33: Distribution of Percentage of Overpayment by Renters in El Cerrito ................................................................3-52 Figure 3-34: Distribution of Percentage of Overcrowded Households in Contra Costa County .......................................3-53 Figure 3-35: Distribution of Percentage of Overcrowded Households in El Cerrito..............................................................3-54 Figure 3-36: Distribution of Percentage of Renter Units with HCVs in Contra Costa County.............................................3-57 Figure 3-37: Location Affordability Index in Contra Costa County..............................................................................................3-58 Figure 3-38: Distribution of Percentage of Renter Units with Housing Choice Vouchers in El Cerrito ............................3-59 Figure 3-39: Location Affordability Index in El Cerrito....................................................................................................................3-60 Figure 3-40: Sensitive Communities as Defined by the Urban Displacement Project in Contra Costa County..............3-61 Figure 3-41: Sensitive Communities as Defined by the Urban Displacement Project in El Cerrito....................................3-62 Figure 3-42: Sites Inventory Distribution by Median Income of Census Tract, El Cerrito.....................................................3-63 Figure 3-43: Sites Inventory Income Distribution by Median Income of Census Tract, El Cerrito.....................................3-64 Figure 3-44: Sites Inventory and Racial/Ethnic Distribution by Census Tract, El Cerrito.......................................................3-65 Figure 3-45: Sites Inventory and TCAC/HCD Opportunity Areas, El Cerrito ............................................................................3-67 Figure 3-46: Sites Inventory and TCAC/HCD Opportunity Areas, El Cerrito ............................................................................3-68 Figure 3-47: Sites Inventory and Areas at Risk of Displacement, El Cerrito..............................................................................3-69 Figure 3-48: Sites Inventory and Areas at Risk of Displacement, El Cerrito..............................................................................3-70 Figure 4-1: Sites Inventory Map, El Cerrito, 2022...............................................................................................................................4-15 Figure 5-1: Comparison of Estimated Single-family Residential Fees in Contra Costa County Jurisdictions ..................5-24 Figure 5-2: Comparison of Estimated Residential Fees in Contra Costa County Jurisdictions (100-Unit Multifamily Development).................................................................................................................................................5-24 Figure 5-3: Comparison of Estimated Residential Fees in Contra Costa County Jurisdictions (10-Unit Multifamily Development).................................................................................................................................................5-25 TABLES
Table 2-1 Population Growth Trends, El Cerrito, Contra Costa County, and Bay Area, 2000-2020................................. 2-2 Table 2-2 Projected Population Growth, Contra Costa County Jurisdictions, 2020-2040................................................... 2-2 Table 2-3 Population by Age, El Cerrito, Contra Costa County, and California, 2010 and 2019........................................ 2-4 Table 2-4 Employed Residents, Contra Costa County Jurisdictions, 2020-2040...................................................................2-12 Table 2-5 Income Level Definitions.....................................................................................................................................................2-17 Table 2-6 HUD/HCD Income Limits based on Persons per Household, Contra Costa County, 2022 ............................2-17 Table 2-7 State Department of Social Services Licensed Elderly Care Facilities, El Cerrito, 2022 ...................................2-23 Table 2-8 Population with Developmental Disabilities by Place of Residence .....................................................................2-24 Table 2-9 Unsheltered Homeless Population by Jurisdiction, Contra Costa County, 2020...............................................2-28 Agenda Packet Page 173 of 497
El Cerrito Housing Element 2023-2031 Public Review Draft Table of Contents v
Table 2-10 Ability to Pay for Housing Based on HCD Income Limits, 2022.............................................................................2-38 Table 2-11 Inventory of Publicly Assisted Rental Housing, El Cerrito, 2014.............................................................................2-39 Table 2-12 Estimated Cost to Subsidize Rents, El Cerrito (2022) .................................................................................................2-41 Table 2-13 Qualified Entities, Contra Costa County........................................................................................................................2-42 Table 3-1 Fair Housing Advocacy Organizations, Contra Costa County .................................................................................. 3-3 Table 3-2 Number of DFEH Housing Complaints in Contra Costa County (2015-2020) ..................................................... 3-3 Table 3-3 Number of FHEO Filed Cases by Protected Class in Contra Costa County (2015–2020).................................. 3-4 Table 3-4 Action(s) Taken/Services Provided by Protected Class............................................................................................... 3-4 Table 3-5 Outcomes ................................................................................................................................................................................. 3-5 Table 3-6 Racial Composition for Contra Costa County vs. Bay Area Average...................................................................... 3-9 Table 3-7 Racial/Ethnic Dissimilarity Trends (1990–2020) in Contra Costa County ..............................................................3-10 Table 3-8 Racial Composition for El Cerrito vs. Bay Area Average............................................................................................ 3-11 Table 3-9 Neighborhood Racial Segregation Measures, El Cerrito, 2000-2020....................................................................3-12 Table 3-10 Regional Racial Segregation Measures ..........................................................................................................................3-13 Table 3-11 Percentage of Populations by Disability Types in Contra Costa County and El Cerrito, 2019 .......................3-13 Table 3-12 Percentage of Population with Disabilities by Age in Contra Costa County and El Cerrito, 2019 ................3-14 Table 3-13 Household Type, 2019 .........................................................................................................................................................3-17 Table 3-14 Households by Income Category and Tenure in Contra Costa County and El Cerrito, 2015........................3-22 Table 3-15 Neighborhood Income Segregation Levels in El Cerrito, 2000-2015 ...................................................................3-25 Table 3-16 Regional Income Segregation Measures ......................................................................................................................3-25 Table 3-17 White Population and Median Household Income of RCAAs in Contra Costa County..................................3-29 Table 3-18 Opportunity Indices in Contra Costa County ...............................................................................................................3-31 Table 3-19 Domains and List of Indicators for Opportunity Maps .............................................................................................3-32 Table 3-20 Demographics of Households with Housing Problems in Contra Costa County .............................................3-50 Table 3-21 Number of Households with Housing Problems by Household Type in Contra Costa County...................3-50 Table 3-22 Households that Experience Cost Burden by Tenure in Contra Costa County ..................................................3-51 Table 3-23 Households that Experience Cost Burden by Tenure in El Cerrito........................................................................3-52 Table 3-24 Substandard Housing Conditions by Tenure in Contra Costa County ................................................................3-55 Table 3-25 Substandard Housing Conditions by Tenure in El Cerrito.......................................................................................3-55 Table 3-26 Fair Housing Issues, Contributing Factors, and Actions ............................................................................................3-71 Table 4-1 Regional Housing Needs Allocation, El Cerrito (June 30, 2022 – December 15, 2030)..................................... 4-2 Table 4-2 Planned and Approved Residential Developments, El Cerrito (As of June 2022)............................................... 4-3 Table 4-3 Analysis of Market Rate Rental Affordability.................................................................................................................. 4-6 Table 4-4 Residential Land Use Categories and Estimated Affordability Level, El Cerrito (2022) ..................................... 4-7 Table 4-5 Examples of Recent Housing Development on Underutilized Sites, El Cerrito ................................................... 4-9 Agenda Packet Page 174 of 497
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Table 4-6 Vacant and Underutilized Sites, El Cerrito (As of June 2022)................................................................................... 4-11 Table 4-7 ADU Building Permits, El Cerrito (2018-2022)...............................................................................................................4-16 Table 4-8 Sites Inventory Capacity Summary, El Cerrito (2023-2031).......................................................................................4-16 Table 5-1 General Plan Residential Land Use Designations - El Cerrito (2014)........................................................................5-1 Table 5-2 Housing Types Permitted by Zone - El Cerrito (2022)................................................................................................ 5-5 Table 5-3 Residential Zone Development Standards - El Cerrito (2022).................................................................................. 5-6 Table 5-4 Maximum Density in RM District - El Cerrito (2022).................................................................................................... 5-7 Table 5-5 Multiple-family Residential Development Standards in Commercial Zones - El Cerrito (2022)..................... 5-7 Table 5-6 Required Residential Parking - El Cerrito (2014)........................................................................................................... 5-9 Table 5-7 Sites in TOMIMU and TOMIHU Zones - El Cerrito (2022) ........................................................................................5-14 Table 5-8 Planning Fees – El Cerrito (FY 2022/23) .........................................................................................................................5-21 Table 5-9 Fees for New Residential Multiple-family Development – El Cerrito (2022) ......................................................5-22 Table 5-10 Lot and Land Characteristics - El Cerrito (2022) .........................................................................................................5-28 Table 7-1 Quantified Objectives - (January 31, 2023 – January 31, 2031)................................................................................7-12 Agenda Packet Page 175 of 497
Chapter 1 | Introduction 1-1
CHAPTER 1 | Introduction
The Housing Element provides a framework for the City of El Cerrito (City) to address current and projected housing needs of everyone in the city. The Housing Element analyzes the City’s housing needs, assesses fair housing practices, identifies opportunities for future residential development, and addresses potential constraints to housing development in the city. The Housing Element includes a Housing Plan with goals, policies, and implementation programs aimed at addressing existing and future housing needs of El Cerrito.

1.1 Consistency with State Law
All cities and counties in California are required to
have a compliant housing element as one of the eight
mandated elements of a General Plan. Each city and
county in the State must submit their Housing Element
to the California Department of Housing and
Community Development (HCD) for review to ensure
that it meets the requirements under State Housing
Element law, and are also required to prepare an
Annual Progress Report (APR) each year to report on
the status and progress of implementing its Housing
Element. Most cities and counties, including El Cerrito, are required to update their Housing Element every
eight years.

The City’s previous Housing Element covered the
2015-2023 planning period, while this update will
cover the 2023-2031 planning period, specifically from
January 31, 2023 to January 31, 2031. State law
(Government Code Section 65583) requires the City to
adopt a housing element that addresses the needs of
everyone in the community, at all income levels.

HOUSING ELEMENT REQUIREMENTS
State law (Government Code Section 65583) requires the City to adopt a housing element that addresses the needs of
everyone in the community, at all income levels, including:
• An analysis of existing and projected housing needs
• An inventory of land suitable for housing and emergency shelters with a projected capacity for each site
• A summary of housing-related programs and funding
• An analysis of potential constraints to the production and maintenance of housing
• An assessment of fair housing and an analysis of how the city can affirmatively further fair housing (AFFH)
• An analysis of any special housing needs groups, as
identified under State law
• An evaluation of the previous Housing Element
• A summary of opportunities for residential energy
conservation
• An analysis of assisted housing developments that are atrisk of converting to market rate • Goals, policies, and implementation programs
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1.2 Housing Element Organization
This Housing Element satisfies the requirements of State law (Government Code Section 65583(a)) and is organized as follows:
• Chapter 1 - Introduction. This chapter includes an introduction to the Housing Element, an overview of the organization of the Housing Element, a description of general plan consistency, and a summary of community participation.
• Chapter 2 - Needs Assessment. This chapter analyzes population and demographic conditions; employment trends; household characteristics; special housing needs; housing stock characteristics; housing costs and affordability; and assisted housing at risk of conversion. • Chapter 3 - Fair Housing Assessment. This chapter provides an analysis of fair housing issues and practices in El Cerrito, including patterns of integration and segregation, disparities in access to opportunity, and disproportionate housing needs. It also examines the relationship between the sites inventory and its potential impact on fair housing issues in the city. The chapter also includes a summary of strategies to affirmatively further fair housing. • Chapter 4 - Sites Inventory. This chapter identifies opportunities for housing production to meet the City’s fair share of regional housing needs, as determined by the Regional Housing Needs Allocation (RHNA). It includes a description of the City’s RHNA and the results of the inventory of sites within the city that are suitable for residential development during the eight-year planning period. • Chapter 5 – Constraints Analysis. This chapter analyzes potential constraints on the maintenance, improvement, and development of housing, including governmental constraints like land use controls, permits and processing procedures, fees, and zoning for a variety of housing types as well as non-governmental constraints such as land and development costs and the availability of financing. • Chapter 6 - Energy Conservation, Climate Action, and Sustainability. This chapter analyzes opportunities to encourage energy saving features, energy saving materials, and energy efficient systems and design for residential development.
• Chapter 7 – Housing Plan. This chapter establishes goals, policies, and implementation programs that will provide direction to help the City meet its housing goals.
• Appendix A – Evaluation of the Previous Housing Element. This appendix summarizes the City’s accomplishments during the previous (2015-2023) Housing Element planning period and evaluates each of the previous programs. • Appendix B – Community Engagement. This appendix includes a record of all feedback and comments received as part of community engagement for the Housing Element process, including: meeting flyers, online survey results, responses to live polling during community workshops, and all other comments submitted during the community workshops.
• Appendix C – BART TOD Housing Element Letter. This appendix includes a copy of the letter sent by BART to all Bay Area jurisdictions on March 7, 2022, related to the inclusion of BART land in the sites inventory.

1.3 General Plan Consistency
The City’s 1999 General Plan is the long-term blueprint for the future of the city’s development. It includes goals, policies, and programs that guide decisions related to development, growth, housing, infrastructure, and environmental management. The Housing Element is related and integrated with the policies contained in other elements of the General Plan. Furthermore, the 1999 General Plan contains several elements with policies related to housing, including:
• Community Development and Design, addresses land use, community design, housing, and growth management. The section on land use contains the future land use plan map and a description of the land use categories used in the plan that designates land for residential development and indicates the type, location and density of the residential development permitted in the city.

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• Transportation and Circulation, addresses the movement of people and materials by transit, automobiles and trucks, bicycles, and walking.
• Public Facilities and Services, deals with three topics: parks, recreation and open space, non-residential civic and community facilities, and public services and infrastructure. • Resources and Hazards, addresses natural and historic resources in its first major section. The natural resources discussion includes wildlife, air quality, and storm runoff. The second major section addresses hazards - geologic hazards, fires, flooding, and noise.

The policies contained within other elements of the General Plan affect many aspects of life that residents enjoy – the amount and variety of open space, the preservation of natural, historic, and cultural resources, the permitted noise levels in residential areas, and the safety of the residents in the event of a natural or man-made disaster. The Housing Element policies must be consistent with policies identified in other elements of the General Plan. The Housing Element has been reviewed and found to be consistent with the City’s other General Plan elements. As portions of the General Plan are amended in the future, this Housing Element will be reviewed to ensure that internal consistency is maintained.

1.4 Relationship to Other Plans and Programs
El Cerrito Municipal Code
The City’s Municipal Code contains the regulatory and penal ordinances and certain administrative ordinances of the City, codified pursuant to Sections 50022.1 through 50022.8 and 50022.10 of the Government Code. The City’s Municipal Code includes the City’s zoning ordinance.

The Subdivision Chapter of the Municipal Code (i.e., Title 18 – Divisions of Land) regulates the design, development, and implementation of land division. It applies when a parcel is divided into two or more parcels; a parcel is consolidated with one or more other parcels; or the boundaries of two or more parcels are adjusted to change the size and/or configuration of the parcels.

Title 19 - Zoning of the Municipal Code is the primary tool for implementing the General Plan, and is designed to protect and promote the health, safety, and welfare of the people. The Zoning Chapter designates various districts and outlines the permitted, conditionally permitted, and prohibited uses for each zone district. Finally, Title 19 provides property development standards for each zone district and overall administrative and legislative procedures.

San Pablo Avenue Specific Plan
The San Pablo Avenue Specific Plan (SPASP or Specific Plan) was approved by City Council in September 2014 to encourage new mixed-use, residential, and commercial development along San Pablo Avenue and near the two BART stations in the city. The SPASP was adopted to advance the goals of the City’s 2015-2023 Housing Element and economic development studies. The SPASP articulates a vision for the future of San Pablo Avenue, identifies improvements, and adopts context-sensitive regulations that are applied along its length and to adjacent areas. The SPASP creates a framework for transforming San Pablo Avenue into a multimodal corridor that functions, not just as a thoroughfare, but as a place that provides a multitude of opportunities for living, working and community life. The Plan's key principles are to deepen a sense of place and community identity, attract private investment, strengthen partnerships, enhance the public realm, promote the everyday use of transit, walking, and biking, and foster environmental sustainability.

The SPASP consists of two main elements: A Form-Based Code and a Complete Streets Plan. The FBC provides the regulations (standards and procedural approvals) and design guidance to streamline residential/commercial development to achieve high-quality new development and investment. The Complete Streets plan promotes the creation of a truly multimodal street through improvements that enhance placemaking, catalyze economic development, and improve livability. The SPASP identifies three Priority Development Areas (PDAs) that are distinguished by the following characteristics:

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• Downtown: An entertainment/theater and shopping district that serves as the southern gateway. • Midtown: A civic, commercial and community-oriented zone. • Uptown: A mixed use, hospitality and commercial area that serves as the northern gateway.

A Programmatic Environmental Impact Report (EIR) was also prepared for the Specific Plan to further streamline development. As part of the adoption of the Specific Plan, the City amended the General Plan to ensure consistency with the Specific Plan and approved an ordinance revising the Municipal Code to incorporate the regulations in the Specific Plan into the Zoning Ordinance. The City has been working on an update to the Specific Plan to increase the development capacity and expand the boundary. A draft of the Specific Plan update and Supplemental EIR was released on July 19, 2022. After a 45-day comment period, comments will be incorporated into the updated Specific Plan and SEIR. Once adopted, the Specific Plan and SEIR will provide for additional capacity for housing development in the Specific Plan area.

1.5 Public Participation
Housing Element law requires that local governments make diligent efforts to achieve representative public participation in the development of the Housing Element. As part of the Housing Element Update process, the City initiated public participation early in the process and continued through plan adoption.

El Cerrito has a diverse linguistic population, so community engagement activities were conducted in multiple languages, including Spanish and Chinese, to provide opportunities for a broad segment of the community to participate. The following is a brief description of public participation efforts used throughout the Housing Element update process to engage and inform the community.

Project Webpage
The City hosted a project webpage about the Housing Element update. The webpage included an overview of the project and schedule, frequently asked questions (FAQs), contact information for the project team, and a sign-up link for the project mailing list. The webpage was maintained throughout the Housing Element update process and routinely updated to include announcements of future engagement events, community engagement materials and summaries of past events, and draft documents.

Social Media
The City was used its existing social media presence on Facebook and Twitter to promote opportunities to participate throughout the duration of the Housing Element update process. This included announcements of upcoming community workshops, Planning Commission and City Council study sessions, and invitations to participate in the online community survey.

Online Community Survey
An online survey was available for stakeholders and the interested members of the public to complete between April 7, 2022, and May 31, 2022. In addition, the survey was open to new responses again starting on June 15, 2022 and concluding July 8, 2022. In total, 215 responses were received.

The purpose of the online survey was to gather information from a wide range of perspectives on housing needs and priorities for housing policies. The survey included questions related to household demographics, housing conditions, and housing issues and priorities. Survey responses were collected through a convenience sample (i.e., voluntary choice to participate) and is not considered statistically valid. However, they do provide important feedback from the community about their perspectives on housing issues in the city. The survey was provided in English, Spanish, and Chinese (Simplified).

The City promoted the survey through the project website, through emails to interested parties that signed up on the project website, through flyers posted at civic locations, shared on Facebook and Twitter, and promoted through city manager’s updates, and distributed to residents of existing affordable housing in the city.

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Of the 215 total responses to the survey, 80 percent of survey participants were homeowners. Both homeowners and renters represented a variety of household characteristics within the city: around 45 percent of homeowners and 38 percent of renters have children in the household; 10 percent of homeowners and 23 percent of renters live alone; 42 percent of homeowners and 32 percent of renters are a couple with no children in the home. In addition, several homeowners and renters reported living with roommates and in multi-generational households.

Overall, 59 percent of participants reported spending less than 30 percent of their gross income on housing; 70 percent of renters and 34 percent of homeowners spent over 30 percent of their gross income on housing.

Participants expressed housing affordability (“Rents are too high” and “Buying a house is too expensive”) as the greatest housing problems facing El Cerrito. In addition, many participants also identified homelessness as an important housing problem. Furthermore, 74 percent of renters said they were experiencing a lack of suitable housing to meet their household’s needs as well as challenges paying rent, especially in conjunction with significant rent increases. Renters overall, identified more housing issues than homeowners, with 64 percent of homeowners stating that they have not experienced any housing issues. Homeowners identified a lack of funding for home repairs as the issue that they experienced most frequently (around 26 percent of homeowners). A summary of key survey responses is shown in Figures 1-1 through 1-3. See Appendix B for the complete survey responses.

Figure 1-1: Survey Responses to “Have you or are you experiencing any of the following housing issues?” 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Rent
Own
Struggle to Pay
Lack Funding for Home Repairs
Significant Rent Increase
Want to Move but Can't Find/Afford to Meet Needs
Overcrowding
Adult Child Living at Home Due to Inability to Afford Housing Accessibility
None
Other
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Figure 1-2: Survey Responses to “What do you feel is the most significant housing problem facing El Cerrito residents?”

Figure 1-3: Survey Responses to “How much of your gross income (before taxes) do you spend on housing costs (rent, mortgage payments, etc) each month?”
Community Workshop #1
The first community workshop for the Housing Element update was held on April 26, 2022 to inform the community about the purpose of the Housing Element and collect input on the community needs and key housing issues facing residents. The first community workshop occurred early in the Housing Element update process to ensure that input and feedback collected would be used by the City as part of the development of the Housing Element. 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Rent
Own
Not enough homes for sale
Not enough places to rent
Rents are too high
Buying A house Is too expensive
Housing sizes don’t meet family needs
Housing conditions are Poor
Too expensive to maintain my Home as A property owner
Not enough housing for seniors Or people with disabilities Not Enough shelters Or services For people experiencing homelessness Other
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Rent Own
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The workshop was held virtually due to the COVID-19 pandemic and current practices and procedures used by the City at the time. The virtual workshop was held in English with live interpretation in Spanish and Chinese (Mandarin).

Live polling was conducted during the meeting to gain input from participants on the most important housing issues, to identify housing needs and challenges, to learn more about their own experiences with housing in El Cerrito, and to gather input on strategies and solutions.

Of the 24 participants in the live poll, 88 percent were residents of El Cerrito; 77 percent were homeowners, 19 percent were renters, and 5 percent lived with family/friends and do not pay rent. Housing affordability, availability, and accessibility were cited as some of the most important housing problems in El Cerrito. Some participants shared ideas for increasing the supply of housing (upzoning, allowing multi-plex development on single family lots). Several participants shared suggestions for lowering the cost of housing (e.g., lower fees, utility costs, regulate corporate ownership, speed of approvals) and others shared ideas to help protect rental housing (e.g., rent control, resources and services, build low income and senior housing, protections for single-family home rentals, tenant protections, and history of displacement). See Appendix B for the detailed results of the live polling and a record of comments received during the community workshop.

City Council and Commission Study Sessions
[Placeholder to describe all future Commission and City Council meetings.] Summary of Community Feedback
The input received from the community and
stakeholders was used to inform the understanding of
the housing needs and priorities in El Cerrito. This local knowledge is incorporated into the Housing Element, in
addition to federal, state, and local data, to identify local fair housing issues and constraints. Community input
was considered during the preparation of the Housing
Element and development of the policies and programs
in Chapter 7, “Housing Plan.” The following summarizes
the key themes heard during the community
engagement process and is not an exhaustive list of the community’s input. Appendix B contains all comments
received during the community engagement process.

Support for Building Affordable Housing
The following summarizes comments heard during the
community engagement process related to building
affordable housing.
• Upzoning is necessary; single-family zoning is
dominant; not enough duplex, triplexes, and multiplex development • Lack of affordable housing options and suitable housing types; hard to even get on a waiting list • Inclusionary housing does not produce enough affordable housing supply to meet the variety of household types • Need affordable housing near public transportation and access to jobs • Acute need for low- and very low-income households
• New and different opportunities for housing: tiny homes, social/shared housing, and land trusts • Cost of homeownership can be a challenge for seniors on a fixed-income What do you think are the greatest challenges in
El Cerrito?
A selection of feedback shared from the live poll during the community workshop is presented below. See Appendix B for a complete record of input received.
• Need for tenant protections.
• Disproportionate production of market rate and
underproduction of affordable housing
• Better transit and better pedestrian access
• Reconciling the desire of a small-town environment with the need for more housing.
• Unaffordable housing, cost of development,
unsustainability
• Lack of housing density near the plaza station
• Limited opportunities to build in hills and large minimum lot sizes
• Gentrification and equity for housing. I know too many people leaving El Cerrito due to affordability.
• Expensive housing pushing out existing residents and
creating a wealthy monoculture
• Housing purchased by corporations for rental units
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• Homeownership is unattainable for many households due to lack of affordability and small supply • Accessible housing for seniors and people with disabilities is needed • Support for developing affordable housing on BART-owned land; also opposition, including concerns about the loss of parking and impacts on surrounding neighborhoods • Make it easy to build ADU’s to increase supply; adopt pre-approved plans Concerns about Gentrification and Displacement
The following summarizes comments heard during the community engagement process related to gentrification and displacement.
• Renters are vulnerable to rent hikes without rent control • Corporate purchases of homes decreases supply of homes • Corporate buildings may not be compatible with the needs of all households • Need for renter protections (including for single family homes) • New housing pushes out existing residents
• City needs 100 percent of rentals participating in the rent registry • Need zoning for better distribution of affordable housing in higher opportunity areas (i.e., “the hills”) • Renters are experiencing multiple housing issues; many homeowners are experiencing none • Establish a residency requirement for home purchases before allowing the home to be used as a rental Constraints on Housing Development
The following summarizes comments heard during the community engagement process related to constraints on housing development.
• Development fees are too expensive
• Cost of new construction is high
• NIMBY mentality to higher density housing
• Systemic racism: legacy of racial covenants, exclusionary zoning, and racial wealth gap • City didn’t adequately address displacement of Audiss RV park • Empty storefronts
• Closing feasibility/financing gap
• Eliminate parking requirements; streamline permitting • Government regulations limit housing and increase cost Other Community Concerns
The following summarizes comments heard during the community engagement process related to building other community concerns.
• Homes in the hills are vulnerable to fire
• Resources and services are needed to address the critical issue of homelessness (e.g., transitional housing). • Lack of safety for biking and walking on San Pablo Avenue • Concerns about the design of buildings and need for amenities to ensure quality housing Agenda Packet Page 183 of 497
Chapter 2 | Housing Needs Assessment and Inventory 2-1
CHAPTER 2 | Housing Needs Assessment
This section begins with a description of demographic and employment characteristics of El Cerrito. The section then discusses projections, household characteristics and housing supply, and housing affordability. The section also discusses the housing needs of “special” population groups as defined in State law. Data for El Cerrito, Contra Costa County, and the Bay Area Region are presented for comparison or when city-level data are not available. This facilitates an understanding of El Cerrito’s characteristics by illustrating how it is similar to or differs from the county and region in various aspects of demographic, employment, and housing characteristics and needs.

2.1 Population and Demographic Profile
The purpose of this section is to establish “baseline” population and employment characteristics for El Cerrito. The main source of the information was a data package prepared by the Association of Bay Area Governments (ABAG) that was pre-approved by HCD for use in the Housing Element. The data package includes information from several different sources, including the decennial U.S. Census, California Department of Finance (DOF), California Employment Development Department (EDD), U.S. Department of Housing and Urban Development (HUD), U.S.

Department of Agriculture (USDA), and other sources. However, the main source of information is the 2015-2019 American Community Survey (ACS).

Population Trends
The Bay Area is the fifth-largest metropolitan area in the nation and has seen a steady increase in population since 1990, except for a dip in 2009 during the Great Recession (see Figure 2-1). Many cities in the Bay Area have experienced significant growth in population and jobs, especially in the most recent decade. However, as shown in Figure 2-1 and Table 2-1, population growth in El Cerrito has been slower than population growth in Contra Costa County and the Bay Area region. The population of El Cerrito made up 2.4 percent of Contra Costa County (see Table 2-1) in 2020 and is projected to comprise only 2.1 percent in 2040.

Figure 2-1: Regional Population Trends, El Cerrito, Contra Costa County, and Bay Area, 1990-2020 The data shown on the graph represents population for the jurisdiction, county, and region indexed to the population in the year 1990. The data points represent the population growth (i.e., percent change) in each of these geographies relative to their populations in 1990.

Source: ABAG Housing Element Data Package, POPEMP-01. California Department of Finance, E-5 series. 90 100
110
120
130
140
150
1990199119921993199419951996199719981999200020012002200320042005200620072008200920102011201220132014201520162017201820192020 Index (Year %s = Index 100)
Index
El Cerrito
Index
Contra Costa County
Index
Bay Area
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Table 2-1 Population Growth Trends, El Cerrito, Contra Costa County, and Bay Area, 2000-2020 Jurisdiction 2000 2010 2020 Percent Change
2000-2010
Percent Change
2010-2020
Percent Change
2000-2020
El Cerrito 23,171 23,549 24,953 1.6% 6.0% 7.7%
Contra Costa County 948,816 1,049,025 1,153,561 10.6% 10.0% 21.6% Bay Area 6,784,348 7,150,739 7,790,537 5.4% 9.0% 14.8%
Source: ABAG Housing Element Data Package. California Department of Finance, E-5 Population Estimates for Cities, Counties, and the State.

Projected Population Growth
ABAG produces population estimates as part of its program of projecting future growth in the Bay Area. The projections provide a quantitative basis for how the region will accommodate anticipated growth if local jurisdictions adopt a set of policies consistent with the vision of Plan Bay Area. Table 2-2 displays ABAG’s estimates for the period between 2020 and 2040. According to Plan Bay Area Projections 2040, Contra Costa County is projected to increase by

22.9 percent (or 258,635 people) between 2020 and 2040. El Cerrito, a mostly built out city, is expected to increase by

8.3 percent (or 2,230 new residents) by 2040, representing one of the smallest percent change in population among cities in the county (7th out of 20 jurisdictions).

Table 2-2 Projected Population Growth, Contra Costa County Jurisdictions, 2020-2040 Jurisdiction 2020 2030 2040 Change
2020-2040
Percent Change
2020-2040
Antioch 103,595 112,960 130,725 27,130 26.2%
Brentwood 52,745 60,320 84,460 31,715 60.1%
Clayton 10,630 11,070 11,255 625 5.9%
Concord 134,605 177,740 185,850 51,245 38.1%
Danville 44,625 46,450 47,350 2,725 6.1%
El Cerrito 26,845 28,090 29,075 2,230 8.3%
Hercules 25,135 25,885 28,700 3,565 14.2%
Lafayette 24,865 25,635 26,815 1,950 7.8%
Martinez 36,660 38,480 40,035 3,375 9.2%
Moraga 16,560 17,130 18,080 1,520 9.2%
Oakley 35,360 48,450 54,435 19,075 53.9%
Orinda 17,960 18,260 18,745 785 4.4%
Pinole 19,615 20,830 21,390 1,775 9.0%
Pittsburg 73,055 75,600 91,615 18,560 25.4%
Pleasant Hill 33,590 35,065 35,925 2,335 7.0%
Richmond 126,385 144,950 164,220 37,835 29.9%
San Pablo 31,555 32,845 34,090 2,535 8.0%
San Ramon 76,485 79,520 84,165 7,680 10.0%
Unincorporated Contra Costa 169,375 184,585 199,105 29,730 17.6% Walnut Creek 69,010 73,915 81,265 12,255 17.8%
Contra Costa County 1,128,660 1,257,790 1,387,295 258,635 22.9% Source: Projections 2040 MTC/ABAG; Data downloaded 2022.

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Age Distribution
The distribution of age groups in a city can be telling of what types of housing the community needs or may need in the future. An increase in the older population may mean there is a developing need for more senior housing options, while higher numbers of children and young families can point to the need for more family housing options and related services. There has also been a move by many to age-in-place or downsize to stay within their communities, which can mean more multifamily and accessible units are also needed. Figure 2-2 shows the age distribution for El Cerrito as estimated in 2019 and Table 2-3 shows the population distribution by age groups in the city in comparison to the county and the state in 2010 and 2019.

In 2000, the median age in El Cerrito was 41.9; by 2019, the median age increased to about 42 years. It is also noted that the population of residents under the age of 14 have increased since 2010, as well as the 65-and-over population (see Figure 2-2).

Figure 2-2: Population by Age, El Cerrito, 2019
Source: ABAG Housing Element Data Package, POPEMP-04. U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B01001.

Overall, the population of the city has skewed slightly older from 2010 to 2019. In El Cerrito, persons 65 years of age and over accounted for about 18 percent of the total population (4,227 persons) in 2010, but in 2019 they made up nearly 20 percent of the total population (5,028 persons). Specifically, the 65-74 age group was the fastest growing segment of population in El Cerrito between 2010 and 2019, growing by over 41 percent. The population of older residents within El Cerrito, commonly known as the “baby boomers” (the generation of people born between 1946 and 1964), is projected to grow during the planning period. This indicates a growing need for senior housing, assisted living, and programs that support seniors aging in place.

0 500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
4,500
Age 0-4 Age 5-14 Age 15-24 Age 25-34 Age 35-44 Age 45-54 Age 55-64 Age 65-74 Age 75-84 Age 85+ 2000
2010
2019
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Table 2-3 Population by Age, El Cerrito, Contra Costa County, and California, 2010 and 2019 Age Group 2010 2019 Percent Change
2010-2019 Number Percent Number Percent
El Cerrito
Age 0-4 1,330 6% 1,519 10% 14.2%
Age 5-14 2,174 9% 2,459 8% 13.1 %
Age 15-24 1,864 8% 1,944 14% 4.3%
Age 25-34 3,221 14% 3,517 16% 9.2%
Age 35-44 3,697 16% 4,005 13% 8.3%
Age 45-54 3,508 15% 3,421 14% -2.5%
Age 55-64 3,528 15% 3,505 11% 0.7%
Age 65-74 1,973 8% 2,793 6% 41.6%
Age 75-84 1,397 6% 1,528 3% 9.4%
Age 85+ 857 4% 707 10% -17.5%
Total 23,549 100.0% 25,398 100.0% 7.9%
Median Age 35.6 -- 35.3 -- -0.8%
Contra Costa County
Age 0-4 124,911 7.2% 116,508 6.0% -7.2%
Age 5-14 227,200 13.1% 241,580 12.5% 6.0%
Age 15-24 225,435 13.0% 234,424 12.2% 3.8%
Age 25-34 267,893 15.4% 309,599 16.1% 13.5%
Age 35-44 279,702 16.1% 279,571 14.5% 0.0%
Age 45-54 254,289 14.6% 266,848 13.8% 4.7%
Age 55-64 173,392 10.0% 224,766 11.7% 22.9%
Age 65-74 99,382 5.7% 141,994 7.4% 30.0%
Age 75-84 62,642 3.6% 77,225 4.0% 18.9%
Age 85+ 24,550 1.4% 34,955 1.8% 29.8%
Total 1,739,396 100.0% 1,927,470 100.0% 9.8%
Median Age 35.8 -- 37.1 -- 3.5%
California
Age 0-4 2,545,065 6.9% 2,451,528 6.2% -3.8%
Age 5-14 5,092,471 13.9% 5,043,689 12.8% -1.0%
Age 15-24 5,501,809 15.0% 5,316,737 13.5% -3.5%
Age 25-34 2,698,489 7.4% 5,967,864 15.2% 54.8%
Age 35-44 5,236,909 14.3% 5,205,887 13.3% -0.6%
Age 45-54 5,288,140 14.4% 5,101,422 13.0% -3.7%
Age 55-64 3,764,850 10.3% 4,710,329 12.0% 20.1%
Age 65-74 2,135,547 5.8% 3,172,271 8.1% 32.7%
Age 75-84 1,366,990 3.7% 1,600,241 4.1% 14.6%
Age 85+ 558,059 1.5% 713,529 1.8% 21.8%
Total 36,637,290 100.0% 39,283,497 100.0% 6.7%
Median Age 34.9 -- 36.5 -- 4.4%
Source: ABAG Housing Element Data Package, POPEMP-04. U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B01001.

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Racial and Ethnic Composition
Since 2000, the percentage of residents in El Cerrito identifying as White, non-Hispanic has decreased while the percentage of residents of all other races and ethnicities has increased by 8 percentage points (see Figure 2-3).

According to U.S. Census data, the Asian/Pacific Islander category and Other Race or Multiple Races category populations increased the most while the White, Non-Hispanic population decreased the most.

Figure 2-3: Population by Race and Ethnicity*, El Cerrito, 2000-2019 *The Census Bureau defines Hispanic/Latinx ethnicity separate from racial categories. For the purposes of this graph, the “Hispanic or Latinx” racial/ethnic group represents those who identify as having Hispanic/Latinx ethnicity and may also be members of any racial group. All other racial categories on this graph represent those who identify with that racial category and do not identify with Hispanic/Latinx ethnicity.

Source: ABAG Housing Element Data Package, Table POPEMP-04. U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B03002
Senior and Youth Population by Race
The racial composition of the senior and youth population in El Cerrito provides an additional layer of understanding of the housing needs of families and seniors of color Below Figure 2-4 indicates people of color, or all non-White racial groups, make up 40 percent of seniors and 47 percent of youth under 18. 26% 27% 31%
9% 8%
6%
56%
48% 48%
6% 6%
8% 11% 10%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
2000 2010 2019
Share of Population
American Indian or Alaska Native, Non-Hispanic Asian / API, Non-Hispanic Black or African American, Non-Hispanic White, Non-Hispanic Other Race or Multiple Races, Non-Hispanic Hispanic or Latinx Agenda Packet Page 188 of 497
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Figure 2-4: Senior and Youth Population by Race*, El Cerrito, 2019 * The Census Bureau does not disaggregate racial groups by Hispanic/Latinx ethnicity in the source of this information (Table B01001), so each racial category accounts for Hispanic / non-Hispanic ethnic characteristics.

Source: ABAG Housing Element Data Package, POPEMP-04. U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B01001.

Non-English Speakers
California has long been an immigration gateway to the United States, which means that many languages are spoken throughout the Bay Area. Since learning a new language is universally challenging, it is common for residents who have immigrated to the United States to have limited English proficiency. This limit can lead to additional disparities if there is a disruption in housing, such as an eviction or other tenant-landlord dispute. According to the American Community Survey, 6.2 percent of El Cerrito residents 5 years and older identify as speaking English less than “very well.” This is similar to the proportion for Contra Costa County (6.4 percent). Throughout the Bay Area the proportion of residents 5 years and older with limited English proficiency is 7.8 percent. 24%
33% 30%
5% 7% 21%
9%
53% 52%
60%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Age 0-17 Age 18-64 Age 65+
Population
American Indian or Alaska Native (Hispanic and Non-Hispanic) Asian / API (Hispanic and Non-Hispanic) Black or African American (Hispanic and Non-Hispanic) Other Race or Multiple Races (Hispanic and Non-Hispanic) White (Hispanic and Non-Hispanic)
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2.2 Employment Trends
This section describes employment trends in El Cerrito to provide insight into their potential earning power and the type of housing workers can likely afford. Information on the local workforce and how it is changing over time can help estimate potential housing and employment needs in the future. The overall number of jobs within El Cerrito as well as the employment by sector of residents of El Cerrito are both analyzed to provide an understanding of employment opportunities within the city and the region.

Industry Sector Composition
Between 2002 and 2018, the number of jobs in El Cerrito increased by 20.5 percent (see Figure 2-5) from about 4,600 jobs in 2002 to 5,548 jobs in 2018. Figure 2-6 shows El Cerrito’s employment industry in terms of industry sectors. The largest industry that El Cerritans work in is health and educational services (38 percent). Similarly, in Contra Costa County and the Bay Area as a whole, the health and educational services industry also employs the most workers, 31 and 30 percent respectively, followed by the financial & professional services industry (25 and 26 percent).

Figure 2-5: Jobs in El Cerrito (2002-2018)
Note: The data is tabulated by place of work, regardless of where a worker lives. The source data is provided at the census block level. These are cross walked to jurisdictions and summarized.

Source: ABAG Housing Element Data Package, Table POPEMP-11. U.S. Census Bureau, Longitudinal Employer-Household Dynamics, Workplace Area Characteristics (WAC) files, 2002-2018.
4,605
4,853 4,670 4,854 4,995
5,281 5,432 5,401
5,132
5,661
5,237 5,151 5,315 5,168 5,287
5,582 5,548
0 1,000
2,000
3,000
4,000
5,000
6,000
2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Jobs
Year
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Figure 2-6: Resident Employment by Industry, El Cerrito, Contra Costa County, Bay Area, 2019 Note: The data displayed shows the industries in which jurisdiction residents work, regardless of the location where those residents are employed (whether within the jurisdiction or not).

Source: ABAG Housing Element Data Package, POPEMP-06. U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table C24030.

Balance of Jobs, Housing and Workers
A city houses employed residents who either work in the community where they live or work elsewhere in the region.

Conversely, a city may have job sites that employ residents from the same city, but more often employ workers commuting from outside of it. Smaller cities typically will have more employed residents than jobs there and export workers, while larger cities tend to have a surplus of jobs and import workers.

Jobs-Worker Ratios by Wage Group
Figure 2-7 compares jobs in El Cerrito to workers living in El Cerrito, broken down by different wage groups. The data shows that El Cerrito generally has more residents than jobs, with the biggest gap being in the highest income group.

This means higher-wage workers are commuting out of El Cerrito for work.

Jobs-Household Ratio
To some extent the regional transportation system is set up for this flow of workers to the region’s core job centers but balances between jobs and workers may directly influence the housing demand in a community. New jobs may draw new residents, and when there is high demand for housing relative to supply, many workers may be unable to afford to live where they work, particularly where job growth has been in relatively lower wage jobs. This dynamic not only means many workers will need to prepare for long commutes and time spent on the road, but in the aggregate, it contributes to traffic congestion and time lost for all road users. As shown in Figure 2-8, El Cerrito’s jobs-household ratio increased from 0.45 in 2002, to 0.54 jobs per household in 2018. Between 2002 and 2018, the number of jobs in El Cerrito increased by 20.5 percent. While a jobs-household ratio of 1 would indicate there is one job for every 3% 7% 6%
23%
25% 26%
38% 31% 30%
4%
4%
13% 14% 17%
9% 10% 9%
9% 9% 8%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
El Cerrito Contra Costa County Bay Area
Share of Employed Residents
Agriculture & Natural Resources Construction
Financial & Professional Services Health & Educational Services Information Manufacturing, Wholesale & Transportation
Retail Other
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household, a ratio of 0.54 indicates that El Cerrito has around 1 job for every two households. In comparison the Bay Area overall had a ratio of 1.47 in 2018, indicating that there are more jobs than there are households and that for every 3 jobs there are two households. In addition, since 2009 the jobs-household ratio in the Bay Area overall increased at a much higher rate than in El Cerrito or Contra Costa County. The low ratio in El Cerrito in relation to the high ratio in the Bay Area overall indicates that people who live in El Cerrito work elsewhere in the Bay Area. In addition, because of the relatively small size of El Cerrito, the presence of two BART stations, and the relative proximity to other regional employment centers, people that live in El Cerrito have the ability to access jobs nearby.

For more information on transportation access in the city, see Section 3.5 of the Fair Housing Assessment (Chapter 3).

Figure 2-7: Workers by Earnings as Place of Work and Place of Residence, El Cerrito, 2019 Source: ABAG Housing Element Data Package, Table POPEMP-10. U.S. Census Bureau, American Community Survey 5-Year Data 2015-2019, B08119, B08519.

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Public Review Draft El Cerrito Housing Element 2023-2031 2-10 Chapter 2 | Housing Needs Assessment and Inventory Figure 2-8: Jobs: Household Ratio, El Cerrito, Contra Costa County, and Bay Area, 2002-2018 Source: ABAG Housing Element Data Package, POPEMP-13. U.S. Census Bureau, Longitudinal Employer-Household Dynamics, Workplace Area Characteristics (WAC) files (Jobs), 2002-2018; California Department of Finance, E-5 (Households).

Unemployment
As shown in Figure 2-9, in El Cerrito, there was a 4.4 percentage point decrease in the unemployment rate between January 2010 and January 2021. Jurisdictions throughout the region experienced a sharp rise in unemployment in 2020 due to impacts related to the COVID-19 pandemic, with a general improvement and recovery in the later months of 2020.

0.40 0.60

0.80 1.00

1.20 1.40

1.60 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Ratio
El Cerrito Contra Costa County Bay Area
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El Cerrito Housing Element 2023-2031 Public Review Draft Chapter 2 | Housing Needs Assessment and Inventory 2-11 Figure 2-9: Average Unemployment Rates, El Cerrito, Contra Costa County, and Bay Area, 2010-2021 Source: ABAG Housing Element Data Package, POPEMP15. California Employment Development Department, Local Area Unemployment Statistics (LAUS), Sub-county areas monthly updates, 2010-2021.
0%
2%
4%
6%
8%
10%
12%
14%
16%
18%
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Percent of Labor Force that is Unemployed
El Cerrito Contra Costa County Bay Area
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Public Review Draft El Cerrito Housing Element 2023-2031 2-12 Chapter 2 | Housing Needs Assessment and Inventory Projected Employment Growth
According to the ABAG 2040 Projections, the number of employed residents in Contra Costa County is projected to increase from 589,810 in 2020 to 665,875 in 2040, an increase of 12.9 percent. While the number of employed residents in Contra Costa County is expected to grow, it is estimated to remain relatively constant in El Cerrito. In El Cerrito, the total number of employed residents is projected to increase by less than one percent between 2020 and 2040, with a decrease anticipated between 2030 and 2040 (see Table 2-4). This is reflective of the projected population growth in Contra Costa County, which is expected to grow at a rate much higher than that of El Cerrito (see Figure 2-1 and Table 2-2). Furthermore, it is important to note that employed residents is not reflective of the number of jobs locally within El Cerrito, and is a broader measure of the number of people living in El Cerrito that are employed.

Table 2-4 Employed Residents, Contra Costa County Jurisdictions, 2020-2040 2020 2030 2040 Change
2020-2040
Percent Change
2020-2040
Antioch 53,060 55,185 61,020 7,960 15.0%
Brentwood 19,450 21,345 29,030 9,580 49.3%
Clayton 7,040 7,135 6,975 -65 -0.9%
Concord 74,380 94,610 93,480 19,100 25.7%
Town of Danville 26,090 26,910 26,630 540 2.1%
El Cerrito 16,075 16,350 16,170 95 0.6%
Hercules 14,390 14,430 15,300 910 6.3%
Lafayette 14,610 14,920 15,030 420 2.9%
Martinez 22,045 22,250 22,000 -45 -0.2%
Town of Moraga 9,045 9,285 9,400 355 3.9%
Oakley 16,120 21,470 23,080 6,960 43.2%
Orinda 10,270 10,495 10,435 165 1.6%
Pinole 10,550 10,820 10,665 115 1.1%
Pittsburg 34,495 33,660 39,380 4,885 14.2%
Pleasant Hill 19,660 19,960 19,550 -110 -0.6%
Richmond 58,045 63,300 70,010 11,965 20.6%
San Pablo 12,850 12,950 12,840 -10 -0.1%
San Ramon 44,780 45,920 46,940 2,160 4.8%
Walnut Creek 88,515 92,895 95,700 7,185 8.1%
Unincorporated 38,345 39,940 42,240 3,895 10.2%
Contra Costa County 589,810 633,830 665,875 76,065 12.9% Source: Projections 2040 MTC/ ABAG; Data downloaded 2022.

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2.3 Household Characteristics
Household type and size, income levels, and the size and types of special needs populations all affect the type of housing needed by residents. This section describes the various household characteristics contributing to housing needs in El Cerrito.

Household by Type
A household is defined by the U.S. Census as all persons living in a housing unit. For the purpose of the data presented in this section, families are a type of household and include people related by blood, marriage, or adoption who live together. A single person living alone is also a household. “Other” types of households are unrelated people residing in the same dwelling unit. People living in group quarters, such as dormitories or convalescent homes, are not counted as households.

As shown in Figure 2-10 below, the largest proportion of households in El Cerrito are married-couple family households at 55 percent of total households, which is the same as the percentage of married-couple households countywide (55 percent) and higher than the Bay Area (51 percent). El Cerrito also continues to have a high proportion of single-person households (24 percent), higher than the County (22 percent) and slightly lower than the Bay Area (25 percent).

Single female-headed households with dependents make up about 10 percent of all households in El Cerrito, which is less than the percentage of female-headed households in Contra Costa County (12 percent) and the same as in the Bay Area (10 percent). These household data support the need for smaller, higher density and mixed-use units close to transportation and services, as well as larger housing types suitable for families.

Figure 2-10: Households by Type, El Cerrito, 2015-2019
Source: ABAG Housing Element Data Package, POPEMP-23. U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B11001
10% 12% 10%
3%
5% 5%
55%
55%
51%
9%
6%
9%
24% 22% 25%

0.0%

10.0%

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70.0%

80.0%

90.0%
100.0%
El Cerrito Contra Costa County Bay Area
Percent of Households
Female-Headed Family Households Male-headed Family Households Married-couple Family Households Other Non-Family Households Single-person Households
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The number of residents who own their homes compared to those who rent their homes can help identify the level of housing insecurity – ability for individuals to stay in their homes – in a city and region. Generally, renters may be displaced more quickly if prices increase. In El Cerrito there are a total of 10,034 households. Of those households, there are more residents who are homeowners than there are renters: 59 percent versus 41 percent (see Figure 2-11).

By comparison, 34 percent of households in Contra Costa County are renters, while 44 percent of Bay Area households rent their homes. The percentage of renters in El Cerrito is expected to increase in the future as more multifamily rental housing is built within the San Pablo Avenue Specific Plan Area.

Figure 2-11: Housing Tenure, El Cerrito, Contra Costa County, and the Bay Area, 2015-2019 Source: ABAG Housing Element Data Package, POPEMP-17. U.S. Census Bureau, Census 2000 SF1, Table H04; U.S. Census Bureau, Census 2010 SF1, Table H04; U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25003 Housing Tenure by Housing Type
In many cities, homeownership rates for households in single-family homes are substantially higher than the rates for households in multi-family housing. In El Cerrito, 80.9 percent of households in detached single-family homes are homeowners, while 6.3 percent of households in multi-family housing are homeowners (see Figure 2-12). In El Cerrito, the largest proportion of the housing stock was built 1940 to 1959, with 5,225 units constructed during this period.

However, between 2015 and 2019, 553 housing units were issued permits in El Cerrito. Of units constructed, the area of greatest change was an increase in multifamily with 5 or more units. 59%
66%
56%
41%
34%
44%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

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90.0%
100.0%
El Cerrito Contra Costa County Bay Area
Percent of Households
Owner Occupied Renter Occupied
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El Cerrito Housing Element 2023-2031 Public Review Draft Chapter 2 | Housing Needs Assessment and Inventory 2-15 Figure 2-12: Housing Tenure by Housing Type, El Cerrito, 2015-2019 Source: ABAG Housing Element Data Package. U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25032.

Housing Tenure by Age
The age of residents who rent or own their home can also signal the housing challenges a community is experiencing. Younger households tend to rent and may struggle to buy a first home in the Bay Area due to high housing costs. At the same time, senior homeowners seeking to downsize may have limited options in an expensive housing market. In El Cerrito, 68 percent of householders between the ages of 25 and 44 are renters, while 19 percent of householders over 65 years old are renters (see Figure 2-13).

Figure 2-13: Housing Tenure by Age, El Cerrito, 2015-2019 Source: Source: ABAG Housing Element Data Package. U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25007. 81%
61%
6%
100%
19%
39%
94%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Detached SingleFamily HomesAttached SingleFamily HomesMulti-Family Housing Mobile Homes Boat, RV, Van, or Other
Percent of Households
Owner Occupied Renter Occupied
6%
19%
41%
56%
74% 80% 82% 86%
67%
94%
81%
59%
44%
26% 20% 18% 14%
33%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Age 15-24 Age 25-34 Age 35-44 Age 45-54 Age 55-59 Age 60-64 Age 65-74 Age 75-84 Age 85+ Percent of Households
Owner Occupied Renter Occupied
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Public Review Draft El Cerrito Housing Element 2023-2031 2-16 Chapter 2 | Housing Needs Assessment and Inventory Housing Tenure by Race and Ethnicity
Homeownership rates often vary considerably across race/ethnicity in the Bay Area and throughout the country.

These disparities not only reflect differences in income and wealth but also stem from federal, state, and local policies that limited access to homeownership for communities of color while facilitating homebuying for white residents.

While many of these policies, such as redlining, have been formally disbanded, the impacts of race-based policy are still evident across Bay Area communities. In El Cerrito, 44.1 percent of Black households owned their homes, while homeownership rates were 57.4 percent for Asian households, 37.5 percent for Latinx households, and 63.5 percent for White households. Notably, recent changes to state law require local jurisdictions to examine these dynamics and other fair housing issues when updating their housing elements. (see Figure 2-14).

Figure 2-14: Housing Tenure by Race*, El Cerrito, 2015-2019 * The Census Bureau does not disaggregate racial groups by Hispanic/Latinx ethnicity in the source of this information (Table B25003), so each racial category accounts for Hispanic / non-Hispanic ethnic characteristics.

Source: ABAG Housing Element Data Package, POPEMP-20. U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25003(A-I).

Household Income Characteristics
Household income is the most important factor affecting housing opportunity, as it determines a household’s ability to afford its preferred type and location of housing, and to balance housing costs with other basic necessities of life.

Income levels can vary considerably among households based on age, number of workers per household, education level, type of employment, and/or race and ethnicity, among other factors.

Household income levels include the categories extremely low, very low, low, moderate, and above moderate income. The parameters of the target income categories are determined in relation to the median household income for Contra Costa County, adjusted by household size. The standard income definition of income categories used by the U.S. Department of Housing and Urban Development (HUD) is provided in Table 2-5. 29 1,678 236 286 273 3,753 3,554
39 1,243
299
477
326
2,158
1,870
0 500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
American Indian
or Alaska Native
(Hispanic and
Non-Hispanic)
Asian / API
(Hispanic and
Non-Hispanic)
Black or African
American
(Hispanic and
Non-Hispanic)
Hispanic or Latinx Other Race or
Multiple Races
(Hispanic and
Non-Hispanic)
White (Hispanic
and NonHispanic)
White, NonHispanic
Owner Occupied Renter Occupied
Agenda Packet Page 199 of 497
El Cerrito Housing Element 2023-2031 Public Review Draft Chapter 2 | Housing Needs Assessment and Inventory 2-17 Table 2-5 Income Level Definitions
Income Category Definition
Extremely Low < 30 % of the Contra Costa County AMI
Very Low 50-31 % of the Contra Costa County AMI
Low 51-80 % of the Contra Costa County AMI
Moderate 81-120 % of the Contra Costa County AMI
Above Moderate >121 % of the Contra Costa County AMI
AMI = Area Median Income
Contra Costa County 2022 Area Median Income (AMI) = $142,800 Source: California Department of Housing and Community Development, 2021.

Table 2-6 shows the 2022 HCD income limits for Contra Costa County. The AMI for a four-person household in the county was $142,800 in 2022. Income limits for larger or smaller households are higher or lower, respectively, and are calculated using a formula developed by HUD.

Table 2-6 HUD/HCD Income Limits based on Persons per Household, Contra Costa County, 2022 Income Categories Persons per Household
1 2 3 4 5
Extremely Low (30% AMI and lower) $30,000 $34,300 $38,600 $42,850 $46,300 Very Low Income (31-50% AMI) $50,000 $57,150 $64,300 $71,400 $77,150 Low Income (51-80% AMI) $76,750 $87,700 $98,650 $109,600 $118,400 Median Income (100% AMI) $99,950 $114,250 $128,500 $142,800 $154,200 Moderate Income (81-120% AMI) $119,950 $137,100 $154,200 $171,350 $185,050 Source: CA Department of Housing and Community Development (HCD), 2022.

Income Distribution
Despite the economic and job growth experienced throughout the region since 1990, the income gap has continued to widen. California is one of the most economically unequal states in the nation, and the Bay Area has the highest income inequality between high- and low-income households in the state.1 About 59 percent of households in El Cerrito earn more than 100 percent the Area Median Income (AMI), compared to 12 percent making less than 30 percent of the AMI, which is considered extremely low-income. Regionally, more than half of all households make more than 100 percent of the AMI, while 15 percent make less than 30 percent of the AMI. As shown in Figure 2-15, El Cerrito has slightly more high-income households and fewer extremely low-income households compared to the county and region (using 2017 data).
1 Bohn, S.et al. 2020. Income Inequality and Economic Opportunity in California. Public Policy Institute of California.

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Public Review Draft El Cerrito Housing Element 2023-2031 2-18 Chapter 2 | Housing Needs Assessment and Inventory Figure 2-15: Households by Income Level, El Cerrito, 2017 Source: ABAG Housing Element Data Package, ELI-01. U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2013-2017.

Household Income by Tenure
Throughout the region, there are disparities between the incomes of homeowners and renters. Typically, the number of low-income renters greatly outpaces the amount of available housing that is affordable for these households. In El Cerrito, renter and owner households alike tend to have relatively high incomes. As shown in Figure 2-16, the largest proportion of renters and owners fall in the “Greater than 100 percent of AMI” income group.

Figure 2-16: Household Income Level by Tenure, El Cerrito, 2017 Source: ABAG Housing Element Data Package, POPEMP-21. U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2013-2017 release. 12% 13% 15%
11% 11% 11%
10% 12% 13%
8%
9% 9%
59% 54% 52%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%
100.0%
El Cerrito Contra Costa County Bay Area
Percent of Households
0%-30% of AMI 31%-50% of AMI 51%-80% of AMI 81%-100% of AMI Greater than 100% of AMI 550 435 490 447 4,000 604 663 504 354 1,839 0 500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
4,500
0%-30% of AMI 31%-50% of AMI 51%-80% of AMI 81%-100% of AMI Greater than 100% of AMI
Households
Owner Occupied Renter Occupied
Agenda Packet Page 201 of 497
El Cerrito Housing Element 2023-2031 Public Review Draft Chapter 2 | Housing Needs Assessment and Inventory 2-19 Overcrowding
Overcrowding occurs when housing costs are so high relative to income that families double up or take in roommates (boarders) / or extended family members to share their housing costs, or they take in an elderly or disabled family member who can no longer live independently, or additional children (nieces, nephews, foster children) for various reasons. It is most likely to occur when demand for housing in a city or region is high.

Overcrowding occurs when the number of people living in a household is greater than the home was designed to hold. There are several different standards for defining overcrowding, but this report uses the Census Bureau definition, which is more than one occupant per room (not including bathrooms or kitchens). Additionally, the Census Bureau considers units with more than 1.5 occupants per room to be severely overcrowded.

In many cities, overcrowding is seen more amongst those that are renting. In El Cerrito, 6.2 percent of renter households experience moderate overcrowding (1 to 1.5 occupants per room), compared to 0.8 percent of owner households. Additionally, 1.9 percent of households that rent are severely overcrowded (more than 1.5 occupants per room), compared to 0.4 percent of households that own (see Figure 2-17). Overcrowding often disproportionately impacts low-income households. 0.9% of very low-income households (below 50% AMI) experience severe overcrowding, while 0.9% of households above 100% experience this level of overcrowding (see Figure 2-18). These data may indicate a shortage of rental units that are large enough to accommodate larger households, and potentially indicates that some renters are living in overcrowded conditions in order to be able to afford housing.

Figure 2-17: Overcrowding by Tenure and Severity
Source: ABAG Housing Element Data Package, OVER-1. U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2013-2017.

0.8%

6.2%

0.4%

1.9%

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%

7.0%
Owner Occupied Renter Occupied
Percent of Households

1.0 to 1.5 Occupants per Room More than 1.5 Occupants per Room Agenda Packet Page 202 of 497
Public Review Draft El Cerrito Housing Element 2023-2031 2-20 Chapter 2 | Housing Needs Assessment and Inventory Figure 2-18: Overcrowding by Income Level
Source: ABAG Housing Element Data Package, OVER-04. U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2013-2017.

Overpayment
Overpayment is a critical issue for many households of various income levels. Housing overpayment, also known as housing cost burden, occurs when households spend more than 30 percent of gross monthly income on housing.

Severe overpayment or cost burden occurs when housing costs represent more than 50 percent of gross monthly income. In El Cerrito, 16.3 percent of households spend 50 percent or more of their income on housing, while 17.2 percent spend between 30 and 50 percent of their incomes on housing. However, it is important to note that rates of overpayment vary greatly across income categories.

Lower-income residents are often the most impacted by high housing costs and experience the highest rates of cost burden. As a result of spending such large portions of their income on housing, lower-income households are at higher risk of displacement, eviction, or homelessness. For example, 69.6 percent of extremely low-income households in El Cerrito households spend 50 percent or more of their income on housing according to the 2013- 2017 Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation. For El Cerrito residents making more than 100 percent of AMI, just 1.5 percent are severely cost-burdened.

A significant portion of households in El Cerrito have high housing costs relative to their household incomes, with lower-income households having particularly high rates of housing cost burden. Renters are often more costburdened than owners. While the housing market has resulted in home prices increasing dramatically, homeowners often have mortgages with fixed rates, whereas renters are more likely to be impacted by market increases. When looking at the cost burden by tenure in El Cerrito, 20.6 percent of renters are cost burdened by housing costs compared to 16.7 percent of those that own (see Figure 2-19). Additionally, 25.3 percent of renters are severely cost burdened, spending 50 percent or more of their income on housing, while 11.7 percent of owners are severely costburdened. In El Cerrito, American Indian or Alaska Native, Non-Hispanic residents are the most cost burdened with

58.3 percent spending 30- 50 percent of their income on housing, and American Indian or Alaska Native, NonHispanic residents are the most severely cost burdened with 41.7 percent spending more than 50 percent of their income on housing, as shown in Figure 2-20.

1.3%

1.8%

5.1%

1.0%

1.6%

0.9%

0.4%

5.0%

0.9%

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%
0%-30% of AMI 31%-50% of AMI 51%-80% of AMI 81%-100% of AMI Greater than 100% of AMI
Percent of Households

1.0 to 1.5 Occupants per Room More than 1.5 Occupants per Room Agenda Packet Page 203 of 497
El Cerrito Housing Element 2023-2031 Public Review Draft Chapter 2 | Housing Needs Assessment and Inventory 2-21 Figure 2-19: Cost Burden by Tenure, El Cerrito, 2015-2019 Source: ABAG Housing Element Data Package, OVER-06. U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25070, B25091 Figure 2-20: Cost Burden by Race and Ethnicity, El Cerrito, 2015-2019 Source: ABAG Housing Element Data Package, OVER-08. U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2013-2017. 71%
(Not Cost Burdened)
50%
(Not Cost Burdened)
17%
21%
12%
25%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Owner Occupied Renter Occupied
Percent of Households
0%-30% of Income Used for Housing 30%-50% of Income Used for Housing 50%+ of Income Used for Housing Not Computed
58%
47%
74%
63% 58% 55%
18%
29%
14%
13% 27%
42%
21% 21%
12%
24%
18%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
American Indian or
Alaska Native,
Non-Hispanic
Asian / API, NonHispanicBlack or African
American, NonHispanic
White, NonHispanicOther Race or
Multiple Races,
Non-Hispanic
Hispanic or Latinx
Percent of Households
0%-30% of Income Used for Housing 30%-50% of Income Used for Housing 50%+ of Income Used for Housing Cost Burden Not computed Agenda Packet Page 204 of 497
Public Review Draft El Cerrito Housing Element 2023-2031 2-22 Chapter 2 | Housing Needs Assessment and Inventory

2.4 Special Housing Needs
State law recognizes that certain households have more difficulty finding decent and affordable housing due to special circumstances. Government Code Section 65583(a)(7)) requires an analysis of any special housing needs, such as those of the elderly, persons with disabilities, including a developmental disability, large families, farmworkers, families with female heads of households, and families and persons in need of emergency shelter.

Extremely Low-Income Households
Extremely low-income (ELI) households are those with an income of 30 percent or less of the AMI, adjusted for family size. In El Cerrito, 12 percent of households make less than 30 percent of AMI, as shown in Figure 2-19. Regionally, 15 percent of households are considered ELI. Within Contra Costa County, 30 percent of the AMI (extremely low income) is equivalent to an annual income of $42,850 for a family of four, based on 2022 income limits. If there is only one wage earner in a family of four, this income equates to a wage of about $20.60 per hour for a single wage-earner, which is higher than El Cerrito’s locally adopted minimum wage for 2022 ($16.37/hour). ELI households typically consist of minimum wage workers, seniors on fixed incomes, and persons with disabilities. However, many households with single wage earners – including food service workers, full-time students, farmworkers, and healthcare professionals – can fall into lower AMI categories due to relatively stagnant wages in many industries. An extremely low-income family of four could afford a monthly housing cost of approximately $1,071. Contra Costa renters needed to earn $37.54 hourly to properly afford the county's average asking rent of $1,952, according to a May 2021 report from California Housing Partnership.

To calculate the projected housing needs for ELI households, the City assumed that 50 percent of the very lowincome housing need is equal to the ELI housing need. As such, there is a projected need for 167 ELI housing units during the planning period. See Chapter 4, Sites Inventory, for more information about the projected housing needs and the Regional Housing Needs Allocation (RHNA).

Housing types to accommodate the needs of extremely low-income households include transitional and supportive housing, single room occupancy units (SROs), deeply subsidized affordable multi-family rental housing, and mobile homes. Housing choice vouchers are also an important source of funding for ELI households. There are 140 households in El Cerrito assisted with Housing Choice Vouchers, including project-based vouchers.

Senior Households
Senior households, defined as households headed by someone 65 or older, often experience a combination of factors that can make accessing or keeping affordable housing a challenge. Many seniors live on fixed incomes and are more likely to have disabilities, chronic health conditions, and/or reduced mobility.

Projected growth in the regional population aged 65 and older suggests a growing need to address senior housing needs over the coming decades. In Plan Bay Area 2040, ABAG projects that while the 2040 population as a whole is projected to be 33 percent higher than in 2010 the number of people aged 65 and over will increase by 140 percent.

Some of this growth in the region’s older adult population is likely to impact housing demand and needs within the city and throughout the region.

When cost-burdened seniors are no longer able to make house payments or pay rents, displacement from their homes can occur, putting further stress on the local rental market or forcing residents out of the community they call home. Understanding how seniors might be cost-burdened is of particular importance due to their special housing needs, particularly for low-income seniors. Over half (54.2 percent) of seniors making less than 30 percent of AMI are spending more than half of their income on housing. For seniors making more than 100 percent of AMI, 88 percent are not cost-burdened and spend less than 30 percent of their income on housing.

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El Cerrito Housing Element 2023-2031 Public Review Draft Chapter 2 | Housing Needs Assessment and Inventory 2-23 As discussed previously, persons 65 years and older makes up 20 percent of the total population. In El Cerrito, the homeownership rate among the senior population is very high, at over 80 percent. This data indicates a potential need for programs that might help seniors age in place. It also indicates a need for more smaller homes and residential care facilities, allowing seniors options when downsizing from single family homes.

Existing Resources for Elderly Residents
As of 2020, the housing inventory in El Cerrito includes 195 rental units for seniors that are affordable to lowerincome senior households, as well as nine residential care homes for seniors with 193 beds (see Table 2-7). Senior Helpers of the East Bay is an organization in El Cerrito providing home care to seniors. In addition, the City’s Senior Center offers a variety of educational, recreational, and health-related services for older adults.

Table 2-7 State Department of Social Services Licensed Elderly Care Facilities, El Cerrito, 2022 Name Address License
Status Facility Capacity
Alhouse 1605 Arlington Blvd Licensed 6
Arlington Care Home 2545 Arlington Blvd Licensed 6
El Cerrito Royale 6510 Gladys Avenue Licensed 145
Red Maple Residential Home 7100 Manila Avenue Licensed 6 Rn3 Loving Care Home I 917 Elm Street Licensed 6
Rn3 Loving Care Home II 921 Elm Street Licensed 6
Rn3 Loving Care Home IV 8320 Buckingham Drive Licensed 6 Rosewood Residence 7100 Manila Ave Pending 6
Wagaya Assisted Living 905 Elm Street Licensed 6
Source: State of California Department of Social Services, 2022.

Persons with Disabilities
A disability is defined as a long-lasting condition that impairs an individual’s mobility, ability to work, or ability to perform self-care. Persons with disabilities include those with physical, mental, developmental, or emotional disabilities.

Severely disabled people often have special housing needs because they often have limited incomes, there is a shortage of affordable and/or accessible housing, or they may have higher health care costs due to their disability.

People with disabilities face additional housing challenges. Encompassing a broad group of individuals living with a variety of physical, cognitive, and sensory impairments, many people with disabilities live on fixed incomes and need specialized care, yet often rely on family members for assistance due to the high cost of care.

When it comes to housing, people with disabilities are not only in need of affordable housing but accessibly designed housing, which offers greater mobility and opportunity for independence. Unfortunately, the need typically outweighs what is available, particularly in a housing market with such high demand. People with disabilities are at a high risk for housing insecurity, homelessness, and institutionalization, particularly when they lose aging caregivers. As shown below, Figure 2-21 shows the rates at which different disabilities are present among El Cerrito residents. Overall, 9.2 percent of people in El Cerrito have a disability of some kind, which is lower than the county and Bay Area as a whole. 1 Ambulatory
and independent living difficulties are the most prevalent disabilities in the city, as shown in Figure 2-21. 1 These disabilities are counted separately and are not mutually exclusive, as an individual may report more than one disability. These counts should not be summed.

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Public Review Draft El Cerrito Housing Element 2023-2031 2-24 Chapter 2 | Housing Needs Assessment and Inventory Figure 2-21: Disability by Type, El Cerrito, 2019
Source: ABAG Housing Element Data Package, DISAB-01. U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B18102, Table B18103, Table B18104, Table B18105, Table B18106, Table B18107.

Persons with Developmental Disabilities
State law also requires housing elements to examine the housing needs of people with developmental disabilities.

Developmental disabilities are defined as severe, chronic, and attributed to a mental or physical impairment that begins before a person turns 18 years old. Some people with developmental disabilities are unable to work, rely on Supplemental Security Income (SSI), and live with family members. In addition to their specific housing needs, they are at increased risk of housing insecurity after an aging parent or family member is no longer able to care for them.

According to data from the California Department of Developmental Services, 104 El Cerrito residents had a developmental disability in 2020. Of the population with a developmental disability, children under the age of 18 make up 51 percent (or 54 individuals), while adults account for 49 percent (or 52 individuals). The most common living arrangement for individuals with developmental disabilities in El Cerrito is the home of parent /family /guardian (see Table 2-8).

Table 2-8 Population with Developmental Disabilities by Place of Residence Residence Type Number of Individuals
Home of Parent /Family /Guardian 94
Independent /Supported Living 5
Other 5
Community Care Facility 0
Foster /Family Home 0
Intermediate Care Facility 0
Totals 104
Source: ABAG Housing Element Data Package, DISAB-05. California Department of Developmental Services, Consumer Count by California ZIP Code and Residence Type, 2020.

4.17%

3.67% 3.52%

3.13%

1.60%

1.32%

0.00%

0.50%

1.00%

1.50%

2.00%

2.50%

3.00%

3.50%

4.00%

4.50%
With an
ambulatory
difficulty
With an
independent living
difficulty
With a cognitive
difficulty
With a hearing
difficulty
With a self-care
difficulty
With a vision
difficulty
Proportion of Adult Population Reporting Disability
Agenda Packet Page 207 of 497
El Cerrito Housing Element 2023-2031 Public Review Draft Chapter 2 | Housing Needs Assessment and Inventory 2-25 The type of housing that is suitable for persons with development disabilities varies substantially based on the nature and extent of the disability. Because households that include people with developmental disabilities are disproportionately lower income, many persons with developmental disabilities need affordable housing options.

Some individuals with developmental disabilities may be best served in housing with supportive services that can help them live independently or with licensed care. Design of accessibility modifications, proximity to services and transit, availability of group living opportunities, and affordability are some common considerations that are important for serving this need group. Incorporating “barrier-free” design in all new multi-family housing (as required by California and Federal Fair Housing laws) is especially important to provide the widest range of choices for residents with disabilities.

The California Department of Developmental Services provides community-based services to individuals with developmental disabilities and their families through a statewide system of 21 regional centers, four developmental centers, and two community-based facilities. The City, along with other jurisdictions in Contra Costa County, is serviced by the Regional Center of the East Bay, which provides a point of entry to services for people with developmental disabilities.

Female-Headed Households
According to the U.S. Census Bureau, a single-headed household contains a household head and at least one dependent, which could include a related or unrelated child, or an elderly parent. Single-headed households with children or elderly adults often require special consideration and assistance as a result of their greater need for affordable housing, health care, and a variety of other supportive services including accessible day care. Traditionally, female-headed households have been considered a special needs group because their incomes tend to be lower, making it difficult to obtain affordable housing, or because they have specific physical needs related to housing (such as child care or assisted living support).

The 2019 Census reported 966 female-headed households in El Cerrito, making up 9.6 percent of all households. As shown in Figure 2-22, 20 percent of female-headed households with children fall below the Federal Poverty Line in El Cerrito, while 10 percent of female-headed households without children live in poverty.

Figure 2-22: Female-Headed Households by Poverty Status, El Cerrito, 2019 Source: ABAG Housing Element Data Package, LGFEM-05. U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B17012. 313
518
78 57
0 100
200
300
400
500
600
Female-Headed Households with Children Female-Headed Households without Children Households
Above Poverty Level Below Poverty Level Column1
Agenda Packet Page 208 of 497
Public Review Draft El Cerrito Housing Element 2023-2031 2-26 Chapter 2 | Housing Needs Assessment and Inventory Large Households
Large households, defined as households with five or more members, often have different housing needs than smaller households. Large households need to find housing of sufficient size (three or more bedrooms) and do not always have sufficient income to purchase or rent such housing. If a city’s rental housing stock does not include larger housing units, large households who rent could end up living in overcrowded conditions. In El Cerrito there are 506 large households, of which 178 (35 percent) own their home, as shown in Figure 2-23. In 2017, 117 (30 percent) large households were very low-income, earning less than 50 percent of the AMI.

Large households are generally served by housing units with three or more bedrooms, of which there are 5,509 units in El Cerrito. Among these large units with three or more bedrooms, 75 percent are owner occupied and 25 percent are renter occupied, as noted in Figure 2-24. Given that the city has a substantial stock of large units, of which 1,377 are rentals, very low-income large households could benefit from housing subsidies, such as housing choice vouchers. Large lower income households would also benefit from development of affordable rental multi-family units with three or more bedrooms.

Figure 2-23: Household Size by Tenure
Source: ABAG Housing Element Data Package, LGFEM-01. U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25009. 1,215 2,601 1,122 853 178 1,156 1,293 654 634 328 0 500
1,000
1,500
2,000
2,500
3,000
1 Person Household 2 Person Household 3 Person Household 4 Person Household 5 Or More Person Household
Households
Owner Occupied Renter Occupied
Agenda Packet Page 209 of 497
El Cerrito Housing Element 2023-2031 Public Review Draft Chapter 2 | Housing Needs Assessment and Inventory 2-27 Figure 2-24: Housing Units by Number of Bedrooms
Source: ABAG Housing Element Data Package, HSG-05. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25042.

Homelessness
Note: The data in this section is from the 2020 Point-in-Time (PIT) Count. This section will be updated with 2022 PIT Count data when available.

Homelessness remains an urgent challenge in many communities across the state, reflecting a range of social, economic, and psychological factors. Rising housing costs result in increased risks of community members experiencing homelessness. Each year, Contra Costa’s Homeless Continuum of Care, with the help of county agencies and community volunteers, conducts a comprehensive Point-in-Time (PIT) count of families and individuals experiencing homelessness. The 2020 Point-in-Time count is the most recent published report, which found a total of 2,277 persons experiencing homelessness countywide in January 2020. Contra Costa County trends among the sheltered population revealed no significant change in the number of people sheltered between 2015 and 2020 (704 vs 707), and an 18 percent increase among the unsheltered population (1,326 vs 1,570). However, while the full report is not yet available, a media release reported that the county’s 2022 point-in-time count, estimates that 3,093 people are staying in shelter beds or living outdoors on an average night in Contra Costa, compared to 2,277 in 2020.

Table 2-9 shows the unsheltered population by jurisdiction in Contra Costa County as of the 2020 PIT. The 2020 count identified 24 unsheltered individuals in El Cerrito, which was 1.5 percent of the countywide homeless population.

114
1,353
4,245
257
204
894
1,960
913
94 0
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
4,500
0 Bedrooms 1 Bedrooms 2 Bedrooms 3-4 Bedrooms 5 Or More Bedrooms Owner Occupied Renter Occupied
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Public Review Draft El Cerrito Housing Element 2023-2031 2-28 Chapter 2 | Housing Needs Assessment and Inventory Table 2-9 Unsheltered Homeless Population by Jurisdiction, Contra Costa County, 2020 West County Central County East County
Location # Location # Location #
Crockett 35 Alamo 2 Antioch 238
El Cerrito 24 Blackhawk 6 Bay Point 49
El Sobrante 9 Clayton 2 Bayview 2
Hercules 7 Concord 160 Bethel Island 2
North Richmond 22 Danville 7 Brentwood 80
Pinole 7 Lafayette 3 Discovery Bay 2
Richmond 280 Martinez 127 Oakley 50
Rodeo 62 Moraga 4 Pittsburg 102
San Pablo 67 Orinda 1
Pacheco 26
Pleasant Hill 90
San Ramon 6
Walnut Creek 80
Source: Contra Costa County: Annual Point in Time County Report, 2020.

The 2020 PIT report revealed that a majority of households in the county were adult-only (95 percent) and there were more individuals experiencing homelessness who identified as male (65 percent) than female (35 percent). Per the 2020 PIT Report, the top three reasons for individuals and families losing housing were: financial hardship (25 percent), eviction (17 percent), and substance use (14 percent). While financial hardship is the primary cause of homelessness, many of those experiencing homelessness are dealing with severe issues – including mental illness, substance abuse and domestic violence – that are potentially life threatening and require additional assistance.

Racial Demographics of the Unhoused Population
In Contra Costa County, White (Hispanic and Non-Hispanic) residents represent the largest proportion of residents experiencing homelessness, making up 45 percent of the homeless population in 2019. However, White residents make up 55.8 percent of the overall countywide population, as shown in Figure 2-25. On the other hand, comparing the racial composition of people experiencing homelessness to the total racial composition of all residents in the county reveals that Black/African American and American Indian individuals are disproportionately represented in the homeless population (see Figure 2-25). Black or African American residents make up only 8.7 percent of the countywide population, but an estimated 33.8 percent of the homeless population. Additionally American Indian or Alaska Native individuals make up less than 1 percent of the countywide population and nearly 15 percent of the homeless population.

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El Cerrito Housing Element 2023-2031 Public Review Draft Chapter 2 | Housing Needs Assessment and Inventory 2-29 Figure 2-25: Racial Demographics of the Homeless Population, Contra Costa County, 2019 Source: ABAG Housing Element Data Package, HOMLES-02. U.S. Department of Housing and Urban Development (HUD), Continuum of Care (CoC) Homeless Populations and Subpopulations Reports (2019); U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B01001(A-I).

Services for Persons Experiencing Homelessness
There are no homeless or transitional shelters located in El Cerrito. The closest shelters are located in Richmond, including: Calli House Youth Shelter, with 15 year-round beds for transition-age youth (18-24 years); Brookside Shelter, with 45 year-round beds for single adults, couples and multi-generational families (18 and older); and Bay Area Rescue Mission with 224 year-round beds for single adults and families with children. Greater Richmond Interfaith Program (GRIP) in Richmond runs a family shelter with 42 beds and also operates as one of the Contra Costa’s Coordinated Assessment Resource and Engagement (CARE) Centers, a multi-service drop-in site, for people experiencing homelessness. Coordinated Outreach Referral and Engagement (CORE) teams provide homeless street outreach services to the local community and are operated by Contra Costa County Health, Housing and Homeless Services (H3). There are two CORE teams dedicated to West Contra Costa; one provides services to the Cities of Richmond and San Pablo and the second covers all of West County.

The Contra Costa Health, Housing and Homeless Services Division (H3) integrates housing and homeless services across the health system; and coordinates housing and homeless services across County government and in the community and is the lead agency for the Continuum of Care (CoC) Program. The CoC forms a network of providers (including government and non-profit) designed to assist individuals and families experiencing homelessness by providing services that are needed to help these individuals and families move into permanent housing, with the goal of long-term stability.

There are several private non-profit organizations in and around the Bay Area that provide services to persons experiencing homelessness and food insecurity, including unhoused and special needs groups. They include Shelter, Inc., Rubicon Programs, Inc., The Food Bank of Contra Costa and Solano, American Red Cross, Bay Area Rescue Mission, Hope Solutions, HUME Center, Bay Area Community Services (BACS), Housing Consortium of the East Bay (HCEB), and Safe Organized Spaces (SOS).

State law (Government Code 65583 (a)(4)) requires local jurisdictions to identify a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit in at least one zone.

The identified zone(s) must have sufficient capacity to accommodate the shelter need identified in the latest point in time count, and at a minimum provide capacity for at least one year-round shelter. The City’s Zoning Ordinance 14.5% 3.1% 33.8%45.0% 0.5% 3.7%17.2% 8.7% 55.8% 17.7%

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%
American Indian or
Alaska Native (Hispanic
and Non-Hispanic)
Asian / API (Hispanic
and Non-Hispanic)
Black or African
American (Hispanic
and Non-Hispanic)
White (Hispanic and
Non-Hispanic)
Other Race or Multiple
Races (Hispanic and
Non-Hispanic)
Percent of Population
Share of Homeless Population Share of Overall Population Agenda Packet Page 212 of 497
Public Review Draft El Cerrito Housing Element 2023-2031 2-30 Chapter 2 | Housing Needs Assessment and Inventory allows emergency shelters as a permitted use within the Community Commercial (CC) zone, as well as the TransitOriented High-Intensity Mixed-Use (TOHIMU) and the Transit-Oriented Medium-Intensity Mixed-Use (TOMIMU) zones of the San Pablo Avenue Specific Plan, subject to the operating standards defined in the Plan. Chapter 5:

Constraints Analysis contains more discussion of the capacity for emergency shelters in the city.

Farmworkers
Farmworkers are traditionally defined as persons whose primary incomes are earned through seasonal agricultural labor and have special housing needs because of their relatively low incomes and the unstable nature of their work.

Across the state, housing for farmworkers has been recognized as an important and unique concern. Farmworkers generally receive wages that are considerably lower than other jobs and may have temporary housing needs. Finding decent and affordable housing can be challenging, particularly in the current housing market.

ABAG prepared a Farmworker Housing Toolkit (Farmworker Toolkit) in January 2022 as a resource for housing elements. The Farmworker Toolkit reports that while overall the Bay Area has shifted away from its historical agricultural economic base, Bay Area counties still preserve strong agricultural roots. As shown in Figure 2-6, there were only 42 people living in El Cerrito that were employed in the agricultural and natural resources industries in 2020, representing a minute fraction of the city’s labor force. Although there is little agricultural activity within City limits, the responsibility for farmworker housing is shared among all cities in the county.

According to the U.S. Department of Agriculture (USDA) Census of Farmworkers, the number of both permanent and seasonal farmworkers in Contra Costa County has decreased since 2002, with permanent farmworkers totaling 450 in 2017 and seasonal farmworkers totaling 860 in 2017 (see Figure 2-26). Farmworkers often choose to live within incorporated cities due to the diversity and availability of housing, proximity to schools and other employment opportunities for other family members, and overall affordability. Per the U.S. Department of Agriculture (USDA), farmworkers often commute long distances to work for various employers but are considered permanent workers and residents in their home communities. For these permanent or settled farmworkers, the USDA estimates that these workers commute up to 75 miles for work and then return to their homes. Over the past two decades, there has been a shift to a more permanent workforce for many farms, which has shifted the bulk of the need from seasonal housing for migrant workers to permanently affordable housing for low wage working families. Both types of housing are still necessary, but farmworker housing is no longer solely a rural/County issue.

Similar to other lower-income residents, farmworkers who live in El Cerrito have similar needs for affordable housing due to their lower wages so strategies to assist extremely low- and very low-income households will also benefit this special needs population.

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El Cerrito Housing Element 2023-2031 Public Review Draft Chapter 2 | Housing Needs Assessment and Inventory 2-31 Figure 2-26: Farm Labor, Contra Costa County, 2002-2017 Notes: Farmworkers are considered seasonal if they work on a farm less than 150 days in a year, while farm workers who work on a farm more than 150 days are considered to be permanent workers for that farm.

Source: ABAG Housing Element Data Package, FARM-02. U.S. Department of Agriculture, Census of Farmworkers (2002, 2007, 2012, 2017), Table 7:

Hired Farm Labor.

2.5 Housing Stock Characteristics
This section identifies the characteristics of El Cerrito’s physical housing stock. This includes an analysis of housing growth trends, housing conditions, housing prices, and affordability.

Housing Unit Types
The housing stock of El Cerrito in 2020 was made up of 68.1 percent single family detached homes, 3.3 percent single family attached homes, 12.7 percent multifamily homes with 2 to 4 units, 15.4 percent multifamily homes with 5 or more units, and 0.5 percent mobile homes (see Figure 2-27). In El Cerrito, the housing type that experienced the most growth between 2010 and 2020 was multifamily housing: five-plus units.

In recent years, most housing produced in the region and across the state consisted of single-family homes or larger multi-unit buildings. However, there has been growing interest in “missing middle housing” – including duplexes, triplexes, townhomes, cottage clusters, and accessory dwelling units (ADUs). These housing types may open more options across incomes and tenure, from young households seeking homeownership options to seniors looking to downsize and age-in-place.
730
1,874
578
1,295
509
1,540
450
860
0 200
400
600
800
1,000
1,200
1,400
1,600
1,800
2,000
Permanent Seasonal
Farm Workers
2002 2007 2012 2017
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Public Review Draft El Cerrito Housing Element 2023-2031 2-32 Chapter 2 | Housing Needs Assessment and Inventory Figure 2-27: Housing Type Trends, El Cerrito, 2010 and 2020 Source: ABAG Housing Element Data Package, HSG-01. California Department of Finance, E-5 series.

Housing Age
The age of a community’s housing stock can provide a general indicator of overall housing conditions. In general, housing units over 30 years in age are likely to exhibit signs of rehabilitation needs, such as new roofing, foundation work, and new plumbing. In El Cerrito, the largest proportion of the housing stock was built 1940 to 1959, with 5,225 units constructed during this period, as shown below in Figure 2-28. Note that the Census data displayed in Figure 2- 28 is self-reported by occupants of the units and does not reflect actual building activity. 338 7,480 1,389 1,450 59 358
7,499
1,403
1,693
59 0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
Single-Family Home:

Attached
Single-Family Home:

Detached
Multifamily Housing:

Two to Four Units
Multifamily Housing:

Five-plus Units
Mobile Homes
Units
2010 2020
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El Cerrito Housing Element 2023-2031 Public Review Draft Chapter 2 | Housing Needs Assessment and Inventory 2-33 Figure 2-28: Housing Units by Year Built, El Cerrito, 2019 Note: Data is an estimate and does not reflect actual building activity.

Source: ABAG Housing Element Data Package, HSG-04. U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25034 Vacancy Rate
A vacancy rate measures the overall housing availability in a community and is often a good indicator of how efficiently for-sale and rental housing units are meeting the current demand for housing. A vacancy rate of five percent for rental housing and two percent for ownership housing is generally considered healthy and suggests that there is a balance between the demand and supply of housing. A lower vacancy rate often leads to rising rents and sales prices and can contribute to household overcrowding.

Vacant units make up 6.4 percent of the overall housing stock in El Cerrito. The rental vacancy rate is 2.0 percent, while the ownership vacancy rate is 0.9 percent. Figure 2-29 shows that of the vacant units, the most common type of vacancy is other vacant.
2 Throughout the Bay Area, vacancies make up 2.6 percent of the total housing units, with homes listed for rent; units used for recreational or occasional use and units not otherwise classified (other vacant) making up the majority of vacancies. The Census Bureau classifies a unit as vacant if no one is occupying it when census interviewers are conducting the American Community Survey or Decennial Census. Vacant units classified as “for recreational or occasional use” are those that are held for short-term periods of use throughout the year. Accordingly, vacation rentals and short-term rentals like Airbnb are likely to fall in this category.

The Census Bureau classifies units as “other vacant” if they are vacant due to foreclosure, personal/family reasons, legal proceedings, repairs/renovations, abandonment, preparation for being rented or sold, or vacant for an extended absence for reasons such as a work assignment, military duty, or incarceration.18 In a region with a thriving economy and housing market like the Bay Area, units being renovated/repaired and prepared for rental or sale are likely to represent a large portion of the “other vacant” category. Additionally, the need for seismic retrofitting in older housing stock could also influence the proportion of “other vacant” units in some jurisdictions. 2 The vacancy rates by tenure is for a smaller universe than the total vacancy rate first reported, which in principle includes the full stock (6.4%).

The vacancy by tenure counts are rates relative to the rental stock (occupied and vacant) and ownership stock (occupied and vacant) - but exclude a significant number of vacancy categories, including the numerically significant other vacant. 5,225 2,504 1,401 1,300 205 86
0 1,000
2,000
3,000
4,000
5,000
6,000
Built 1940 To 1959 Built 1960 To 1979 Built 1939 Or
Earlier
Built 1980 To 1999 Built 2000 To 2009 Built 2010 Or Later Units
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Public Review Draft El Cerrito Housing Element 2023-2031 2-34 Chapter 2 | Housing Needs Assessment and Inventory Figure 2-29: Vacant Units by Type, El Cerrito, Contra Costa County, and Bay Area, 2019 Source: ABAG Housing Element Data Package, HSG-03. U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25004 Substandard Housing Conditions
The Census Bureau data included in Figure 2-30 below gives a sense of some of the substandard conditions that may be present in El Cerrito. For example, 2.4 percent of renters in El Cerrito reported lacking a kitchen and 0.1 percent of renters lack plumbing, compared to 0.5 percent of owners who lack a kitchen and 0.5 percent of owners who lack plumbing.

Figure 2-30: Substandard Housing Issues, El Cerrito, 2019 Source: ABAG Housing Element Data Package, HSG-06. U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25053, Table B25043, Table B25049
11%
23% 24%
11% 6%
8%
12% 22%
72%
45% 36%
4% 6%
8% 6% 7%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%
100.0%
El Cerrito Contra Costa County Bay Area
Percent of Vacant Housing Units
For Rent For Sale
For Seasonal, Recreational, Or Occasional Use Other Vacant Rented, Not Occupied Sold, Not Occupied

0.5% 0.5%

2.4%

0.1%

0.0%

0.5%

1.0%

1.5%

2.0%

2.5%

3.0%
Kitchen Plumbing
Percent of Units Lacking Amenity
Owner Renter
Agenda Packet Page 217 of 497
El Cerrito Housing Element 2023-2031 Public Review Draft Chapter 2 | Housing Needs Assessment and Inventory 2-35 The City’s Neighborhood Preservation Program gathers data on housing conditions through a combination of the City’s Residential Rental Inspection Program and code enforcement activities/complaints. Based on data 2019, the Neighborhood Preservation Officer estimates that 1 percent of owner-occupied housing units and 10 percent of renter-occupied housing units are in substandard condition. These findings are based on the California Health and Safety Code Section 17920.3 definition and range from lack of hot/cold running water, lack of adequate heating, dampness of habitable rooms, lack of electrical, etc. In accordance with the California Health and Safety Code, not all substandard conditions require a property to be vacated. Most of these conditions were resolved through Notices of Violation to ensure compliance with the Health and Safety Code. The higher estimate of substandard rental units compared to owner-occupied units is a reflection of the City’s proactive approach to inspecting rental units and reactive code enforcement on owner-occupied units.

2.6 Housing Costs and Affordability
The cost of housing is directly related to the extent of housing problems in a community. If housing costs are relatively high in comparison to household income, there will be a correspondingly higher prevalence of overpayment and overcrowding. This section summarizes the cost and affordability of the housing stock to El Cerrito residents.

Home Values and Market Trends
In the Bay Area, the costs of housing have long been among the highest in the nation. According to 2015-2019 ACS data shown in Figure 2-31, the largest proportion of homes in El Cerrito were valued between $750,000-$1,000,000 (39 percent) followed by $500,000-$750,000 (32 percent). By comparison, there is a broader range of home values in the county and Bay Area region as a whole.

Figure 2-31: Home Values of Owner-Occupied Units, El Cerrito, 2015-2019 Source: ABAG Housing Element Data Package, HSG-07. U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25075 According to data from Zillow, the region’s home values have increased steadily since 2010. The rise in home prices has been especially steep since 2012, with the median home value in the Bay Area more than doubling between 2010 and 2020. Since 2010, the typical home value has increased 145 percent in El Cerrito from $413,011 to $1,013,090. This 1% 7% 6% 8%
29%
16%
32%
27%
23%
39%
15%
20%
16%
13%
18%
2% 5%
8%
1% 3%
9%

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

30.0%

35.0%

40.0%

45.0%
El Cerrito Contra Costa County Bay Area
Percent of Owner Occupied Units
Units Valued Less than $250k Units Valued $250k-$500k Units Valued $500k-$750k Units Valued $750k-$1M Units Valued $1M-$1.5M Units Valued $1M-$2M Units Valued $2M+ Agenda Packet Page 218 of 497
Public Review Draft El Cerrito Housing Element 2023-2031 2-36 Chapter 2 | Housing Needs Assessment and Inventory change is greater than the change in Contra Costa County and the change for the region (see Figure 2-32). By 2020 home values in El Cerrito surpassed values countywide and approached the average value for the Bay Area region.

More recent data from Redfin shows that the median sale price in El Cerrito in May 2022 was over $1.3 million, a 6.8 percent increase from the prior year.

Figure 2-32: Zillow Home Value Index (ZHVI)
Notes: Zillow describes the ZHVI as a smoothed, seasonally adjusted measure of the typical home value and market changes across a given region and housing type. The ZHVI reflects the typical value for homes in the 35th to 65th percentile range. The ZHVI includes all owner-occupied housing units, including both single-family homes and condominiums. More information on the ZHVI is available from Zillow.

The regional estimate is a household-weighted average of county-level ZHVI files, where household counts are yearly estimates from DOF’s E-5 series Source: ABAG Housing Element Data Package, HSG-08. Zillow, Zillow Home Value Index (ZHVI).

Rent Values and Trends
Overall rents in El Cerrito are similar to rents countywide and in the Bay Area region. According to data from the 2015-2019 ACS, the largest proportion of rental units in El Cerrito was in the range of $1500-$2000 per month, totaling 34.9 percent, followed by 21.5 percent of units renting in the $2000-2500 category (see Figure 2-33). Looking beyond the city, the largest share of units in the county and the region as a whole is also in the $1500-$2000 category. Rents in El Cerrito have been increasing at similar rates to rents countywide and in the region. Between 2009 and 2019, the median rent increased by nearly 52 percent in El Cerrito, from $1,380 to $1,830 per month (see Figure 2-34). In Contra Costa County, the median rent increased 28.8 percent over this same time period, from $1,300 to $1,680, and the median rent in the region increased by 54 percent from $1,200 to $1,850. $100,000
$300,000
$500,000
$700,000
$900,000
$1,100,000
$1,300,000
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Bay Area Contra Costa County El Cerrito
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El Cerrito Housing Element 2023-2031 Public Review Draft Chapter 2 | Housing Needs Assessment and Inventory 2-37 Figure 2-33: Contract Rents for Renter-Occupied Units, El Cerrito, 2015-2019 Source: ABAG Housing Element Data Package, HSG-09. U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25056 Figure 2-34: Median Contract Rent, El Cerrito, Contra Costa County, and Bay Area, 2009-2019 Source: ABAG Housing Element Data Package, HSG-10. U.S. Census Bureau, American Community Survey 5-Year Data releases, starting with 2005- 2009 through 2015-2019, B25058, B25056 (for unincorporated areas). County and regional counts are weighted averages of jurisdiction median using B25003 rental unit counts from the relevant year. 3% 5% 6% 5%
10% 10%
19%
24%
19%
35%
30%
23% 21%
17% 17%
9% 7%
12%
8%
6%
13%

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

30.0%

35.0%
El Cerrito Contra Costa County Bay Area
Percent of Rental Units
Rent less than $500 Rent $500-$1000 Rent $1000-$1500 Rent $1500-$2000 Rent $2000-$2500 Rent $2500-$3000 Rent $3000 or more
$1,100
$1,200
$1,300
$1,400
$1,500
$1,600
$1,700
$1,800
$1,900
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Dollars
El Cerrito Contra Costa County Bay Area
Agenda Packet Page 220 of 497
Public Review Draft El Cerrito Housing Element 2023-2031 2-38 Chapter 2 | Housing Needs Assessment and Inventory Housing Affordability
This section describes the ability of households at different income levels to pay for housing based on HCD 2022 income limits shown earlier in Table 2-6. Housing is classified as “affordable” if households pay no more than 30 percent of income for rent (including a monthly allowance for water, gas, and electricity) or monthly homeownership costs (including mortgage payments, taxes, and insurance). Since above moderate‐income households do not generally have problems finding affordable units, affordable units are frequently defined as those reasonably priced for households that are low to moderate income.

Table 2-10 shows maximum affordable monthly rents and purchase prices for homes using 2022 income limits for extremely low-, very low-, low-, and moderate-income households in Contra Costa County. A three-person household with an annual income of $98,650 is classified as low income (80 percent of AMI). A household with this income could afford to pay a monthly gross rent (including utilities) of up to $2,466 or could afford to purchase a house price at or below $403,266. An income of about $2800,000 would be required to afford the May 2022 median sale price of $1.3 million in El Cerrito. This is nearly twice the area median income for a four-person household as shown in the 2022 HCD income limits for Contra Costa County (see Table 2-6).

Table 2-10 Ability to Pay for Housing Based on HCD Income Limits, 2022 Number of Persons 1 2 3 4 5 6
Extremely Low-Income Households at 30% of Median Family Income Income Level $30,000 $34,300 $38,600 $42,850 $46,300 $49,750 Max. Monthly Gross Rent 1 $750 $858 $965 $1,071 $1,158 $1,244 Max. Purchase Price 2 $122,635 $140,213 $157,791 $175,164 $189,267 $203,370 Very Low-Income Households at 50% of Median Family Income Income Level $50,000 $57,150 $64,300 $71,400 $77,150 $82,850 Max. Monthly Gross Rent 1 $1,250 $1,429 $1,608 $1,785 $1,929 $2,071 Max. Purchase Price 2 $204,392 $233,620 $262,849 $291,872 $315,377 $338,678 Low-Income Households at 80% of Median Family Income
Income Level $76,750 $87,700 $98,650 $109,600 $118,400 $127,150 Max. Monthly Gross Rent 1 $1,919 $2,193 $2,466 $2,740 $2,960 $3,179 Max. Purchase Price 2 $313,742 $358,504 $403,266 $448,028 $484,001 $519,770 Median-Income Households at 100% of Median Family Income Income Level $99,950 $114,250 $128,500 $142,800 $154,200 $165,650 Max. Monthly Gross Rent 1 $2,499 $2,856 $3,213 $3,570 $3,855 $4,141 Max. Purchase Price 2 $408,580 $467,036 $525,288 $583,744 $630,346 $677,152 Moderate-Income Households at 120% of Median Family Income Income Level $119,950 $137,100 $154,200 $171,350 $185,050 $198,750 Max. Monthly Gross Rent 1 $3,499 $3,999 $4,498 $4,998 $5,397 $5,797 Max. Purchase Price 2 $572,060 $653,851 $735,404 $817,195 $882,532 $947,869 Notes: Incomes based on HCD State Income Limits for 2022; FY 2022 AMI: $142,800. 1 Assumes that 30 percent of income is available for either: monthly rent, including utilities; or mortgage payment, taxes, mortgage insurance, and homeowners insurance
2 Assumes 90 percent loan (i.e., 10 percent down payment) at 5 percent annual interest rate and 30-year term; assumes taxes, mortgage insurance, and homeowners’ insurance account for 21 percent of total monthly payments Source: HCD, 2022; and Ascent, 2022.

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El Cerrito Housing Element 2023-2031 Public Review Draft Chapter 2 | Housing Needs Assessment and Inventory 2-39

2.7 Assisted Housing at Risk of Conversion
State Housing Element law requires an analysis of the potential for rent-restricted low-income housing units to convert to market-rate housing within 10 years from the start of the planning period, and to propose programs to preserve or replace any units at risk of conversion, also known as “at-risk units.” This section presents an inventory of all rent-restricted housing in El Cerrito and identifies those units at risk of conversion by 2033.

Covenants and deed restrictions are the typical mechanisms used to maintain the affordability of publicly assisted housing, ensuring that these units are available to lower-and moderate-income households in the long term. Over time, the city may face the risk of losing some of its affordable units due to the expiration of covenants and deed restrictions. As the relatively tight housing market continues to put upward pressure on market rents, property owners are more inclined to discontinue public subsidies and convert the assisted units to market-rate housing.

Table 2-11 provides the inventory of assisted rental housing units in El Cerrito as of June 2022. Of the 277 total assisted units within seven developments, 70 units in two developments are at risk of converting to market-rate by 2033; 63 of the at-risk units are reserved for seniors.

Table 2-11 Inventory of Publicly Assisted Rental Housing, El Cerrito, 2014 Project Name Address Total
Units
Assisted
Units Population Assisted Type of Subsidy
Earliest
Expiration of
Affordability
At-risk
Hazel Shirley
Manor
11025 San
Pablo
63 63 Senior, mobility impaired
(low and moderate)
HUD 202 and Project Based
Section 8
2031 Yes
Del Norte Place 11720 San
Pablo
135 27 Family and Seniors (very
low)
TCAC, County Tax-Exempt
Bonds
2032 Yes
Idaho
Apartments
10203 San
Pablo
29 25 HIV/AIDS/Homeless/Mental
Health
RDA, County HOPWA,
Richmond, MHP=SP, AHP, Tax
Exempt Bonds
2072 No
Village at Town
Center
Apartments
10810 San
Pablo
158 24 Family RDA Inclusionary Agreement 2035 No
Ohlone Gardens 6431 - 6495
Portola Drive
57 57 Family, HIV/AIDS/
Homeless/Mental Health
RDA, County, AHP, Tax Credits,

MHSA, HOPWA, IIG
2069 No
Hana Gardens 10848 -10860
San Pablo
Avenue
63 62 Seniors RDA, Affordable Housing
Sustainable Communities grant
program, State Infill
Infrastructure Grant program,
County HOME & CDBG, County
PBV & RAD, LIHTC, Tax-Exempt
Bonds
2071 No
Metro 510
(Creekwalk)
Southeastern
Corner of El
Cerrito Plaza
128 19 Family Inclusionary 2072 No
Total Assisted Units 735 277
Total At-Risk Units - 70
Source: Eskaton Properties Inc., City of El Cerrito, 2014.

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Public Review Draft El Cerrito Housing Element 2023-2031 2-40 Chapter 2 | Housing Needs Assessment and Inventory The following is a summary of the two developments with at-risk units:
• Del Norte Place. Del Norte Place is a 135-unit apartment complex in El Cerrito near the Del Norte BART Station. In exchange for El Cerrito Redevelopment Agency assistance through a Disposition and Development Agreement and a ground lease, the development allocated 27 units for very low-income households. These units are also restricted through the Low Income Housing Tax Credit program. The term of affordability is set to expire in 2032.

Because it is not possible to only acquire the 27 affordable units in Del Norte Place, the estimated market value is calculated for all 135 units in the project.
• Hazel Shirley Manor. Hazel Shirley Manor is a 63-unit apartment complex operated by Eskaton Properties for low- and moderate-income seniors and mobility-impaired adults. Hazel Shirley Manor was at-risk in 2026 but the owners renewed the affordability restrictions through 2031.

In addition, the El Cerrito Royale, a 102-unit congregate care facility that is licensed through the State, had 31 lowerincome units that expired in 2019. The project includes 31 very low-income units. According to the Property Manager, the tenants in the lower-income units remain under the program as long as they meet eligibility; however, the units will convert to market rate once vacant.

Preservation and Replacement Options
State law requires that housing elements include a comparison of the costs to replace the at-risk units through new construction or to preserve the at-risk units. Preserving at-risk units can be accomplished by facilitating a transfer of ownership to a qualified affordable housing organization, purchasing the affordability covenants, and/or providing rental assistance to tenants. Each of these options is described below.

Acquisition and Rehabilitation
Transferring ownership of an at-risk project to a non-profit housing provider is generally one of the least costly ways to ensure that the at-risk units remain affordable for the long term. By transferring property ownership to a nonprofit organization, affordability restrictions can be secured and the project would become potentially eligible for a greater range of governmental assistance.

Because it is not possible to only acquire the affordable units in the Del Norte development, the estimated market value is calculated for all 135 units Based on listings of for-sale multifamily developments in El Cerrito and Richmond, a multifamily development might cost about $315,000 per unit on average to acquire. Assuming that renovations cost around $25,000 per unit, the total cost for acquisition and rehabilitation of the two developments with at-risk units is estimated at $67 million.

Rent Subsidy
Rent subsidies are a potential method for preserving affordability. Through a variety of funding sources, the City could potentially provide rental vouchers similar to those provided through the Housing Choice Vouchers program (formerly Section 8). The amount of a rent subsidy would be equal to the difference between the HUD defined fair market rent (FMR) for a unit and the cost that would be affordable to a lower-income household based on HUD income limits. Table 2-12 shows this calculation. The total cost to subsidize the 70 at-risk units is estimated at nearly $746,000 annually, or about $22.4 million over 30 years.

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El Cerrito Housing Element 2023-2031 Public Review Draft Chapter 2 | Housing Needs Assessment and Inventory 2-41 Table 2-12 Estimated Cost to Subsidize Rents, El Cerrito (2022) Per Unit Affordable Rent1 Unit Size Total 1BR 2BR 3BR
A Low-Income Rent (60% AMI) $1,413 $1,601 $1,959
B Very Low-Income Rent (50% AMI) $1,178 $1,334 $1,491
C Average (A & B) $1,295 $1,468 $1,725
D Per Unit Fair Market Rent2 $1,854 $2,274 $3,006
E Monthly Per Unit Subsidy (D–C) $639 $915 $1,471
F Annual Subsidy/Unit (E * 12) $7,664 $10,982 $17,648
Total “At Risk” Units3 35 21 14 70
Total Annual Subsidy $268,240 $230,622 $247,072 $745,934 1 Affordable rent calculation is based on 1.5 persons per bedroom. 2 2021 HUD Fair Market Rent
3 Actual unit size of at-risk units is unknown. Assumes 50% of total “At Risk” units are 1-bedroom, 30% are 2-bedroom, and 20% are 3-bedroom.

AMI = Area Median Income
Source: U.S. HUD, Fair Market Rents, Contra Costa County, 2022; Ascent 2022.

Another way rent subsidies could be structured is as a rent buy-down. This would involve the City providing a onetime assistance loan to the property owner to cover the present value of the decrease in rents associated with the extended affordability term compared with market rents achievable on the units. This approach offers a benefit to the owner in that they receive cash upfront from the loan, providing funds for rehabilitation improvements.

Construction of Replacement Units
New construction is often more expensive than acquisition and rehab. The cost of developing housing depends upon a variety of factors, including density, size of the units, location, land costs, and type of construction. According to a report by the Terner Center,3 the average cost statewide to develop a Low-Income Housing Tax Credit funded affordable housing development was $480,000 per unit in 2019. However, costs vary greatly by region and the Bay Area is the most expensive region in which to build affordable housing. According to the report, the average cost to build an affordable unit in the greater San Francisco Bay Area was nearly $600,000 per unit in 2019, and costs have only increased since that time due to increases in labor and material costs. Assuming an average cost of $600,000 per unit, it would cost an estimated $42 million to replace the 70 at-risk units.

Comparison of Preservation Options
The cost of acquiring both projects and transferring ownership to non-profit housing organizations is highest at approximately $67 million, due to the large number of market-rate units that would also need to be purchased. In comparison, the annual costs of providing rental subsidies to preserve the 70 assisted units are relatively low ($745,934 annually); however, long-term provision of rental subsidies for at least 30 years would cost more than $22 million. New construction of 121 replacement units is another option estimated at approximately $42 million. 3 The Costs of Affordable Housing Production: Insights from California’s 9% Low-Income Housing Tax Credit Program. Terner Center for Housing Innovation. U.C. Berkeley. March 2020. https://ternercenter.berkeley.edu/wp-content/uploads/2020/08/LIHTC_Construction_Costs_2020.pdf Agenda Packet Page 224 of 497
Public Review Draft El Cerrito Housing Element 2023-2031 2-42 Chapter 2 | Housing Needs Assessment and Inventory Qualified Entities
There are 24 non-profit corporations currently registered as qualified entities for Contra Costa County, and 96 entities working statewide that have the experience and capacity to assist in preserving at-risk units. These organizations, presented in Table 2-13, are tracked by HCD and up-to-date contact information for each entity can be obtained via the HCD website at: https://www.hcd.ca.gov/policy-research/preserving-existing-affordablehousing.shtml.

Table 2-13 Qualified Entities, Contra Costa County
Organization City
Rubicon Programs, Inc. Richmond
ACLC, Inc Stockton
East Bay NHS Richmond
Affordable Housing Associates Berkeley
Eskaton Properties Inc. Carmichael
Rural California Housing Corp West Sacramento
East Bay Asian Local Development Corporation Oakland
Pacific Community Services, Inc. Pittsburg
Community Housing Development Corp. Richmond
Anka Behavioral Health Concord
Satellite Housing Inc. Berkeley
Northern California Land Trust, Inc. Berkeley
Alameda County Allied Housing Program Hayward
ROEM Development Corporation Santa Clara
Neighborhood Housing Services of the East Bay Richmond
L + M Fund Management LLC Westchester
Source: CA Department of Housing and Community Development (HCD), 2021.

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Chapter 3 | Assessment of Fair Housing 3-1
CHAPTER 3 | Assessment of Fair Housing

3.1 Introduction and Overview of AB 686
Land use policies and planning directly impact the ability of individuals and families to live in neighborhoods with opportunity, including high-performing schools, greater availability of jobs, and convenient access to transit and services. Despite the long-standing federal mandate established by the Fair Housing Act (FHA) 1 , which prohibits
discrimination concerning the sale, rental, and financing of housing based on race, color, religion, national origin, sex, familial status, and disability status, people within protected classes continue to encounter limits in housing choice and mobility.

In 2018, the California State Legislature passed Assembly Bill (AB) 686 to expand upon the fair housing requirements and protections outlined in the Fair Employment and Housing Act (FEHA)2 and protect the requirement to affirmatively further fair housing (AFFH) as published in the 2015 U.S. Department of Housing and Community Development (HUD) Affirmatively Furthering Fair Housing Rule.3 The California Department of Housing and Community Development (HCD) defines AFFH as taking meaningful actions to explicitly address, combat, and relieve disparities resulting from past patterns of segregation to foster more inclusive communities.4 As part of this, housing elements are required to include the following components:
• Inclusive and Equitable Outreach: Housing elements must make a diligent effort to equitably include all community stakeholders in the Housing Element participation process. • Assessment of Fair Housing: All housing elements must include an assessment of fair housing. This assessment should include an analysis of the following four fair housing issues: integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. • Analysis of Sites Inventory: Local jurisdictions must evaluate and address how particular sites available for housing development will meet the needs of households at all income levels. The Housing Element must analyze and conclude whether the identified sites improve or exacerbate conditions for fair housing. • Identification of Contributing Factors: Based on findings from the previous steps, housing elements must identify, evaluate, and prioritize the contributing factors related to fair housing issues. • Priorities, Goals, and Actions to AFFH: Local jurisdictions must adopt fair housing goals and actions that are significant, meaningful, and sufficient to overcome identified patterns of segregation and affirmatively further fair housing. The Housing Element should include metrics and milestones for evaluating progress and fair housing results.

3.2 Fair Housing Assessment
This section serves as an assessment of fair housing practices in the City of El Cerrito, pursuant to Government Code Section 65583 (c)(10). It examines existing conditions and demographic patterns including patterns of integration and segregation within the city, concentrated areas of low- and moderate-income housing, and areas of low and high opportunity. The analysis is based on data and research from the U.S. Census American Community Survey (ACS) from 2000-2020, the HCD AFFH Data and Mapping Tool, the HUD AFFH Tool, Contra Costa County Analysis of 1 42 U.S.C. §§ 3601-3631 2 California Government Code Section 12900-12951 & 12927-12928 & 12955 - 12956.1 & 12960-12976 3 The 2015 HUD rule was reversed in 2020 and partially reinstated in 2021. 4 HCD AFFH Guidance Memo, 2021.

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Impediments to Fair Housing Choice January 2020-2025 (2020 AI), and the AFFH Segregation Report: El Cerrito (2022) prepared by UC Merced/STIR Labs in collaboration with the Association of Bay Area Governments (ABAG).

Notes on Geospatial Analysis
In this report, “neighborhoods” are approximated by census tracts. Census tracts are statistical geographic units defined by the U.S. Census Bureau for the purposes of disseminating data. In the Bay Area, census tracts contain on average 4,500 residents. Nearly all Bay Area jurisdictions contain at least two census tracts, with larger jurisdictions containing dozens of census tracts.

Throughout this report, neighborhood level segregation measures are calculated using census tract data. However, some of the analysis uses data derived from a smaller geographic scale (i.e., census blocks and census block groups) to better show spatial differences in where different groups live. Census block groups are subdivisions of census tracts, and census blocks are subdivisions of block groups. In the Bay Area, block groups contain on average 1,500 people, while census blocks contain on average 95 people.

The region is the nine-county San Francisco Bay Area, which is comprised of Alameda County, Contra Costa County, Marin County, Napa County, San Francisco County, San Mateo County, Santa Clara County, Solano County, and Sonoma County.

Fair Housing Enforcement
Fair housing enforcement and outreach capacity refers to the ability of a locality and fair housing entities to disseminate information related to fair housing laws and rights and provide outreach and education to community members. Enforcement and outreach capacity also includes the ability to address compliance with fair housing laws, such as investigating complaints, obtaining remedies, and engaging in fair housing testing. The Fair Employment and Housing Act and the Unruh Civil Rights Act are the primary California fair housing laws. California state law further extends anti-discrimination protections in housing to several classes that are not covered by the federal FHA of 1968, including prohibiting discrimination on the basis of sexual orientation.

California’s Department of Fair Employment and Housing (DFEH) has statutory mandates to protect the people of California from discrimination pursuant to the California FEHA, Ralph Civil Rights Act, and Unruh Civil Rights Act (with regards to housing).
• FEHA prohibits discrimination and harassment on the basis of race, color, religion, sex (including pregnancy, childbirth, or related medical conditions), gender, gender identity, gender expression, sexual orientation, marital status, military or veteran status, national origin, ancestry, familial status, source of income, disability, and genetic information, or because another person perceives the tenant or applicant to have one or more of these characteristics.
• Unruh Civil Rights Act (Civ. Code, § 51) prohibits business establishments in California from discriminating in the provision of services, accommodations, advantages, facilities and privileges to clients, patrons and customers because of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. • Ralph Civil Rights Act (Civ. Code, § 51.7) guarantees the right of all persons within California to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, or on account of sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, immigration status, or position in a labor dispute, or because another person perceives them to have one or more of these characteristics.

In Contra Costa County, local housing, social services, and legal service organizations include the Fair Housing Advocates of Northern California (FHANC), Eden Council for Hope and Opportunity (ECHO) Fair Housing, Bay Area Legal Aid, and Pacific Community Services, see Table 3-1. While these organizations provide valuable assistance, the capacity and funding that they have is generally insufficient.

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Table 3-1 Fair Housing Advocacy Organizations, Contra Costa County Organization Focus Areas
Fair Housing Advocates of Northern California (FHANC) Non-profit agency that provides fair housing information and literature in a number of different languages, primarily serves Marin, Sonoma, and Solano County but also has resources to residents outside of the above geographic areas.

Eden Council for Hope and Opportunity (ECHO) Fair Housing Housing counseling agency that provides education and charitable assistance to the general public in matters related to obtaining and maintaining housing.

Bay Area Legal Aid Largest civil legal aid provider serving seven Bay Area counties. Has a focus area in housing preservation and homelessness task force to provide legal services and advocacy for those in need.

Pacific Community Services Private non-profit housing agency that serves east Contra Costa County (Bay Point, Antioch, and Pittsburg) and provides fair housing counseling as well as education and outreach.

Richmond Neighborhood Housing Services, Inc. (RNHS) Housing counseling agency that serves East Bay (specific areas include Richmond, El Cerrito, San Pablo, and Pinole) and Contra Costa County residents by providing affordable rentals to families in addition to education on homeownership and financial literacy.

Regional Trends
Based on DFEH Annual Reports, Table 3-2 shows the number of housing complaints filed by Contra Costa County to DFEH between 2015–2020. A slight increase in the number of complaints precedes the downward trend from 2016– 2020. Note that fair housing cases alleging a violation of FEHA can also involve an alleged Unruh violation as the same unlawful activity can violate both laws. DFEH creates companion cases that are investigated separately from the housing investigation.

Table 3-2 Number of DFEH Housing Complaints in Contra Costa County (2015-2020) Year Housing Unruh Civil Rights Act
2015 30 5
2016 32 2
2017 26 2
2018 22 2
2019 22 2
2020 20 1
Total 152 14
Source: https://www.dfeh.ca.gov/LegalRecords/?content=reports#reportsBody The HUD’s Office of Fair Housing and Equal Opportunity (HUD FHEO) enforces fair housing by investigating complaints of housing discrimination. Table 3- 3 shows the number of FHEO cases filed by protected class in Contra Costa County between 2015 and 2020. Cases for 2020 were significantly lower because data was not collected after June 30, 2020. A total of 148 cases were filed between 2015 and June 30, 2020, with disability being the top allegation of basis of discrimination followed by familial status, race, national origin, and sex. These findings are consistent with national trends stated in FHEO’s 2020 State of Fair Housing Annual Report to Congress where disability was also the top allegation of basis of discrimination.

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Table 3- 3 indicates that the highest number of fair housing complaints in Contra Costa County are due to discrimination against those with disabilities, followed by income source, race, and national origin. A summary of ECHO’s Fair Housing Complaint Log for Contra Costa County on fair housing issues, actions taken, services provided, and outcomes can be found in Table 3- 4 and Table 3- 5.

As shown in the tables, the most common action(s) taken/services provided are providing clients with counseling, followed by sending testers for investigation, and conciliation with landlords. Regardless of actions taken or services provided, almost 45 percent of cases are found to have insufficient evidence. Only about 12 percent of all cases resulted in successful mediation.

Table 3-3 Number of FHEO Filed Cases by Protected Class in Contra Costa County (2015–2020) Year Number of
Filed Cases
Disability Race National Origin Sex Familial Status
2015 28 17 4 2 2 4
2016 30 14 8 7 5 6
2017 20 12 3 5 1 5
2018 31 20 6 3 4 9
2019 32 27 4 4 4 1
2020 7 4 1 0 2 1
Total 148 94 26 21 18 26
Percentage of Total Filed Cases 63.5% 17.5% 14.2% 12.2% 17.6% *Note that cases may be filed on more than one basis.

Source: Data.Gov - Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity (FHEO) Filed Cases, https://catalog.data.gov/dataset/fheo-filed-cases
Table 3-4 Action(s) Taken/Services Provided by Protected Class 1 3 5 6 7 Grand Total
Race 21 0 0 2 0 23
Marital Status 0 0 0 1 0 1
Sex 0 0 0 0 0 0
Religion 0 0 0 0 0 0
Familial Status 0 0 0 3 0 3
Sexual Orientation 0 0 0 0 0 0
Sexual Harassment 0 0 0 1 0 1
Income Source 15 0 1 7 1 24
Disability 7 1 14 33 5 60
National Origin 13 0 0 1 0 14
Other 0 0 1 11 5 17
Total 56 1 16 59 11 143
1 Testers sent for investigation; 3. Referred to attorney; 5. Conciliation with landlord; 6. Client provided with counseling; 7. Client provided with brief service; Source: ECHO Fair Housing (2020 - 2021)

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Table 3-5 Outcomes
Protected Class Counseling
Provided to
Landlord
Counseling
Provided to
Tenant
Education
to Landlord
Insufficient
Evidence
Preparing
Site Visit
Referred to

DFEH/HUD
Successful
Mediation
Grand Total
Race 0 0 2 20 0 1 0 23
National Origin 0 0 1 13 0 0 0 14
Marital Status 0 0 0 1 0 0 0 1
Sex 0 0 0 0 0 0 0 0
Disability 2 25 2 12 0 4 15 60
Religion 0 0 0 0 0 0 0 0
Sexual Orientation 0 0 0 0 0 0 0 0
Familial Status 0 3 0 0 0 0 0 3
Income Source 3 3 0 16 1 0 1 24
Sexual Harassment 0 8 2 2 1 4 0 17
Other 0 0 0 0 0 1 0 1
Total 5 39 7 64 2 10 16 143
Source: ECHO Fair Housing (2020 - 2021)
Local Trends
In El Cerrito, only two general fair housing inquiries were made to ECHO between 2016-2021: one for a general fair housing inquiry about disability and one on alleged discrimination based on national origin. Counseling was provided to the tenant that made the general inquiry and testers were sent for investigation to the alleged discrimination, but insufficient evidence was found.

Fair Housing Testing
Fair housing testing is a randomized audit of property owners’ compliance with local, state, and federal fair housing laws. Initiated by the Department of Justice’s Civil Rights Division in 1991, fair housing testing involves the use of an individual or individuals who pose as prospective renters for the purpose of determining whether a landlord is complying with local, state, and federal fair housing laws.

Regional Trends
ECHO conducts fair housing investigations in Contra Costa County (except Pittsburg). The Contra Costa County 2020 AI did not report any findings on fair housing testing on the county level nor at the local level for the City of El Cerrito; however, it does bring to attention that private discrimination is a problem in Contra Costa County that continues to perpetuate segregation.

Fair Housing Education and Outreach
Regional Trends
Fair housing outreach and education is imperative to ensure that those experiencing discrimination know when and how to seek help. Below is a more detailed description of fair housing services provided by local housing, social services, and legal service organizations.
• Fair Housing Advocates of Northern California (FHANC). FHANC is a non-profit agency with a mission to actively support and promote fair housing through education and advocacy. Fair housing services provided to residents outside of Marin, Sonoma, or Solano counties include foreclosure prevention services and information, information on fair housing law for the housing industry, and other fair housing literature. The majority of the fair housing literature is provided in Spanish and English, with some provided in Vietnamese and Tagalog.

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• Eden Council for Hope and Opportunity (ECHO) Fair Housing. ECHO Fair Housing is a HUD-approved housing counseling agency that aims to promote equal access in housing, provide support services to aid in the prevention of homelessness, and promote permanent housing conditions. The organization provides education and charitable assistance to the general public in matters related to obtaining and maintaining housing in addition to rental assistance, housing assistance, tenant/landlord counseling, homeseeking, homesharing, and mortgage and home purchase counseling. In Contra Costa County, ECHO Fair Housing provides fair housing services, first-time home buyer counseling and education, and tenant/landlord services (rent review and eviction harassment programs are available only in Concord). Although ECHO serves most of Contra Costa County, only one fair housing counselor serves the county. The 2020 AI states that the organization provides information in Spanish, however the ECHO website is predominantly in English with limited options to translate the homepage into various languages. Navigating the entire site may be difficult for the limited-English proficient (LEP) population. General fair housing services encompass:
 Counseling, investigation, mediation, enforcement, and education.  First-time home buyer counseling provides one-on-one counseling with a Housing Counselor on the homebuying process. The Housing Counselor will review all documentation, examine and identify barriers to homeownership, create an action plan, and prepare potential homebuyers for the responsibility of being homeowners. The Housing Counselor will also review the credit reports, determine what steps need to be taken to clean up adverse credit, provide counseling on money-saving methods, and assist in developing a budget.  First-time home buyer education provides classroom training regarding credit information, home ownership incentives, home buying opportunities, predatory lending, home ownership responsibilities, governmentassisted programs, as well as conventional financing. The class also provides education on how to apply for HUD-insured mortgages, purchase procedures, and alternatives for financing the purchase. Education also includes information on fair housing and fair lending and how to recognize discrimination and predatory lending procedures and locating accessible housing if needed.  ECHO’s Tenant/Landlord Services provides information to tenants and landlords on rental housing issues such as evictions, rent increases, repairs and habitability, harassment, illegal entry, and other rights and responsibilities regarding the tenant/landlord relationship. Trained mediators assist in resolving housing disputes through conciliation and mediation.
 In cities that adopt ordinances to allow Rent Reviews (City of Concord only in Contra Costa County), tenants can request a rent review from ECHO Housing by phone or email. This allows tenants who experience rent increases exceeding 10 percent in a 12-month period to seek non-binding conciliation and mediation services. • Bay Area Legal Aid (BayLegal). BayLegal is the largest civil legal aid provider serving seven Bay Area counties (Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, and Santa Clara). With respect to affordable housing, BayLegal has a focus area in housing preservation (landlord-tenant matters, subsidized and public housing issues, unlawful evictions, foreclosures, habitability, and enforcement of fair housing laws) as well as a homelessness task force that provides legal services and advocacy for systems change to maintain housing, help people exit homelessness, and protect unhoused persons’ civil rights. The organization provides translations for their online resources to over 50 languages and uses volunteer interpreters/translators to help provide language access. Its legal advice line provides counsel and advice in different languages. Specific to Contra Costa County, tenant housing resources are provided in English and Spanish.

The Housing Preservation practice is designed to protect families from illegal evictions, substandard housing conditions, and wrongful denials and terminations of housing subsidies. The practice also works to preserve and expand affordable housing and protect families from foreclosure rescue scams. BayLegal helps low-income tenants obtain or remain in safe affordable housing by providing legal assistance in housing-law related areas such as public, subsidized (including Section 8 and other HUD subsidized projects) and private housing, fair housing and housing discrimination, housing conditions, rent control, eviction defense, lock-outs and utility shutoffs, residential hotels, and training advocates and community organizations.

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BayLegal also provides free civil legal services to low-income individuals and families to prevent homelessness and increase housing stability as well as assist unhoused youth/adults address legal barriers that prevent them from exiting homelessness. This is done through a mix of direct legal services, coalition building and partnerships, policy advocacy, and litigation to advocate for systems change that will help people maintain housing, exit homelessness, and protect unhoused persons’ civil rights. BayLegal also provides free civil legal services to lowincome individuals and families to prevent homelessness and increase housing stability as well as assist unhoused youth/adults address legal barriers that prevent them from exiting homelessness. This is done through a mix of direct legal services, coalition building and partnerships, policy advocacy, and litigation to advocate for systems change that will help people maintain housing, exit homelessness, and protect unhoused persons’ civil rights. The Homelessness Task Force (HTF) was developed in response to complex barriers and inequities contributing to homelessness and strives to build capacity and develop best practices across the seven aforementioned counties to enhance BayLegal’s coordinated, multi-systems response to homelessness. • Pacific Community Services, Inc. (PCSI). PCSI is a private non-profit housing agency that serves east Contra Costa County (Bay Point, Antioch, and Pittsburg) and provides fair housing counseling in English and Spanish. Housing and counseling services provided include:
 Foreclosure Prevention: Consists of a personal interview and the development of a case management plan for families to keep their homes and protect any equity that may have built up. Relief measures sought include: loan modification or reduced payments, reinstatement and assistance under ‘Keep Your Home’ program, forbearance agreements, deed-in-lieu of foreclosure, refinancing or recasting the mortgage, or sale of the property
 Homeownership Counseling: Prepares first-time buyers for a successful home purchase by helping them in budgeting, understanding the home purchase process, and understanding the fees that lenders may charge to better prepare new buyers when acquiring their first home  Rental Counseling; Tenant and Landlord Rights: Provides information and assistance in dealing with eviction and unlawful detainer actions, deposit returns, habitability issues, getting repairs done, mediation of tenant/landlord disputes, assisting tenant organizations, legal referrals to Bay Area Legal Aid & Bar Association resources, pre-rental counseling and budgeting  Fair Housing Services: Includes counseling regarding fair housing rights, referral services and education and outreach. PCSI offers training for landlords and owners involving issues of compliance with federal and state fair housing regulations
 Fair Housing Education and Outreach: Offers informative workshops for social service organizations and persons of protected categories. These workshops are designed to inform individuals how to recognize and report housing discrimination
Though PCSI’s list of available services is comprehensive, their website lacks contact information, resources, and accessibility.
• Richmond Neighborhood Housing Services, Inc. (RNHS). RNHS is a HUD-approved Housing counseling agency that serves East Bay (specific areas include Richmond, El Cerrito, San Pablo, and Pinole) and County residents.

RNHS is the property owner and manager of over thirty single-family and multi-family homes in the City of Richmond and Oakland. They have developed, acquired and/or rehabilitated over 400 single family homes including housing developments in blighted and vacant lots to sell or manage as affordable homes to purchase, or rent for low- income families. RNHS also serves residents through education programs that include financial literacy programs, home loan programs, foreclosure prevention, and affordable rental counseling. The primary program areas are summarized below:
 Rental Counseling: Supports individual's understanding of resident rights and responsibilities and mastering of “basic” financial habits as it relates to budgeting and managing credit. It is targeted to those who are exploring homeownership or looking to create sustainable financial practices to address the day-to-day needs related to managing one’s financial households.

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 Mortgage Delinquency & Default Resolution: Offers free and confidential counseling for homeowners who are facing financial trouble and avoid foreclosure.
 Homeownership Counseling: Offers training, referrals, and other assistance to provide first-time homebuyers with the knowledge to shop for an affordable home, access government-sponsored financial support programs, get the right mortgage product, and learn how to avoid foreclosure.

Local Trends
The City provides information on fair housing laws, tenant rights, and affordable housing strategies through the City’s website. The Housing Division maintains a list of existing affordable housing units, new affordable housing projects, and affordable housing waitlist opportunities in the city. In addition to local resources, the City directs residents to county resources for housing, legal, and other services.

3.3 Integration and Segregation
Race/Ethnicity
Segregation is the separation of different demographic groups into different geographic locations or communities, meaning that groups are unevenly distributed across geographic space. The data presented in this section describing racial and income segregation in El Cerrito is based on the data and research presented in the AFFH Land Use Segregation Report prepared for El Cerrito by the UC Merced/ STIR labs team in collaboration with ABAG. The report examines two spatial forms of segregation: neighborhood level segregation within a local jurisdiction and city level segregation between jurisdictions in the Bay Area.
• Neighborhood level segregation (within a jurisdiction): Segregation of race and income groups can occur from neighborhood to neighborhood within a city. For example, if a local jurisdiction has a population that is 20 percent Latinx, but some neighborhoods are 80 percent Latinx while others have nearly no Latinx residents, that jurisdiction would have segregated neighborhoods.
• City level segregation (between jurisdictions in a region): Race and income divides also occur between jurisdictions in a region. A region could be very diverse with equal numbers of White, Asian, Black, and Latinx residents, but the region could also be highly segregated with each city comprised solely of one racial group.

Ethnic and racial composition of a region is useful in analyzing housing demand and any related fair housing concerns as it tends to demonstrate a relationship with other characteristics such as household size, locational preferences and mobility. Prior studies have identified socioeconomic status, generational care needs, and cultural preferences as factors associated with “doubling up”—households with extended family members and non-kin. These factors have also been associated with ethnicity and race. Other studies have also found minorities tend to congregate in metropolitan areas though their mobility trend predictions are complicated by economic status (minorities moving to the suburbs when they achieve middle class) or immigration status (recent immigrants tend to stay in metro areas/ports of entry).

Regional Trends
The AFFH Land Use Segregation Report found that across the San Francisco Bay Area, White residents and above moderate-income residents are significantly more segregated from other racial and income groups The highest levels of racial segregation occur between the Black and White populations. The analysis showed that the amount of racial segregation both within Bay Area cities and across jurisdictions in the region has decreased since the year 2000.

However, compared to cities in other parts of California, Bay Area jurisdictions have more neighborhood level segregation between residents from different racial groups. Additionally, there is also more racial segregation between Bay Area cities compared to other regions in the state.

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Contra Costa County is a large, diverse jurisdiction in which people of color (non-White racial and ethnic groups) comprise a majority of the population. Table 3-6 shows trends in racial composition from 2000-2020 for Contra Costa County. Figure 3-1 displays the distribution and proportion of non-White residents at the block group level in the county.

Table 3-6 Racial Composition for Contra Costa County vs. Bay Area Average Race Contra Costa County
2000 2010 2020
Asian/Pacific Islander* 12.67% 16.71% 17.7%
Black/African American 9.91% 10.02% 8.20%
Latinx 17.68% 24.36% 25.8%
Other or Multiple Races 3.70% 2.90% 5.60%
White 57.89% 47.75% 42.6%
*Asian and Pacific Islander combined
Source: Data for 2020 is from U.S. Census Bureau, American Community Survey 5-Year Data (2016-2020), Table B03002. Data from 2010 is from U.S. Census Bureau, Census 2010, Table P4. Data for 2000 is standardized to 2010 census tract geographies and is from U.S. Census Bureau, Census 2000, Table P004.

Figure 3-1: Racial Demographics in Contra Costa County, 2018 Source: HCD AFFH Data Viewer. Esri 2018 demographic estimates.

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To measure segregation in the county, Table 3-7 provides racial and ethnic dissimilarity trends from HUD.

Dissimilarity indices are used to measure the evenness with which two groups (frequently defined on racial or ethnic characteristics) are distributed across the geographic units, such as block groups within a community. The index ranges from 0 to 100, with 0 meaning no segregation and 100 indicating complete segregation between the two groups. The index score can be understood as the percentage of one of the two groups that would need to move to produce an even distribution of racial/ethnic groups within the specified area. For example, if an index score is above 60, 60 percent of people in the specified area would need to move to eliminate segregation. The following can be used to interpret the index:
• <40: Low Segregation
• 40-54: Moderate Segregation
• >55: High Segregation
In Contra Costa County, all non-White residents combined are considered moderately segregated from White residents, with an index score of 41.86 at the census tract level and 44.93 at the block group level (Table 3-7).

Segregation between non-White and White residents has remained relatively steady since 1990. However, since 1990 segregation has increased from low to moderate levels for Hispanic residents, the largest increase amongst all racial/ethnic groups. This trend is commonly seen throughout the state and is likely attributed to an increase of Hispanic residents during the migration boom of the mid-to-late 1990s.

Block group level data reveals that segregation is more prominent amongst Asian or Pacific Islander residents than what is measured at the tract level (index score of 40.55 at the block group level versus 35.67 at the tract level). For Asian or Pacific Islander residents, there was a 2 percent increase in segregation. For Black residents, segregation has decreased by 13 percent since 1990. The proportion of Black residents has remained relatively steady during this same time period.

Table 3-7 Racial/Ethnic Dissimilarity Trends (1990–2020) in Contra Costa County Dissimilarity Index 1990 Trend 2000 Trend 2010 Trend Current (2010 Census Block Group)
Non-White/White 41.19 41.95 41.86 44.93
Black/White 67.52 62.54 58.42 61.80
Hispanic/White 36.70 45.24 48.07 49.49
Asian or Pacific Islander/White 34.89 32.73 35.67 40.55 Source: HUD’s Affirmatively Furthering Fair Housing Tool (AFFH-T), Table 3 – Racial/Ethnic Dissimilarity Trends, Data version: AFFHT006, released July 10, 2020.

Local Trends
According to the 2015-2019 American Community Survey, the majority (50.94 percent) of residents in El Cerrito were non-Hispanic White. This was followed by 24.75 percent of residents as non-Hispanic Asians, 11.45 percent of residents as Hispanic or Latino, 6.65 percent as non-Hispanic Black or African American, and 5.57 percent as nonHispanic multiracial. American Indians and Alaskan Natives, non-Hispanic other races, and Native Hawaiian and other Pacific Islanders were the minority of the city, making up only 0.16 percent, 0.34 percent, and 0.13 percent of the population respectively. Refer to Table 3-8 for a comparison of racial composition in an average city in the Bay Area versus the City of El Cerrito. El Cerrito has a higher share of White residents than other jurisdictions in the Bay Area as a whole, a lower share of Latinx residents, a lower share of Black residents, and a higher share of Asian/Pacific Islander residents.

Figure 3-2 provides a visual of racial demographics in El Cerrito on the block group level. The majority of El Cerrito has block groups where 41–60 percent of the population are non-White. On the western border, there are block groups where 61–80 percent of the population are non-White. On the southeastern border, there are block groups where 20 percent or less of the population are non-White.

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As will be discussed later in this chapter, block groups where percentages of non-White residents are the highest also score poorly on the healthy places index, have lower percentages of children in married-couple households, higher use of housing choice vouchers, higher percent of low-moderate income population, and lower median incomes.

These areas also have the highest percentage of cost-burdened renter households in the city and are considered sensitive communities vulnerable to displacement as defined by the UC Berkeley Urban Displacement Project.

Table 3-8 Racial Composition for El Cerrito vs. Bay Area Average Race City of El Cerrito Bay Area Average
2000 2010 2020 2020
Asian/Pacific Islander* 24.3% 27.3% 29.3% 28.2%
Black/African American 8.3% 7.5% 4.8% 5.6%
Latinx 7.9% 11.1% 11.6% 24.4%
Other or Multiple Races 5.6% 5.8% 7.6% 5.9%
White 53.8% 48.3% 46.2% 35.8%
*Asian and Pacific Islander combined
Source: UC Merced AFFH Segregation Report, 2022. IPUMS National Historical Geographic Information System (NHGIS). Data for 2020 is from U.S.

Census Bureau, American Community Survey 5-Year Data (2016-2020), Table B03002. Data from 2010 is from U.S. Census Bureau, Census 2010, Table P4. Data for 2000 is standardized to 2010 census tract geographies and is from U.S. Census Bureau, Census 2000, Table P004.

Figure 3-2: Racial Demographics in El Cerrito, 2018
Source: HCD AFFH Data Viewer. Esri 2018 demographic estimates.

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Segregation Indices
There are three indices described below that measure segregation and integration at a local and regional level. The isolation index measures the segregation of a single group, and the dissimilarity index, described above, measures segregation between two different groups. The Theil’s H-Index can be used to measure segregation between all racial or income groups across the city at once. Theil’s H index is provided in addition to these required measures.

The indices range from 0 to 1. Higher values indicate that groups are more unevenly distributed.

Table 3-9 shows the measures of segregation for all racial groups El Cerrito for the years 2000, 2010, and 2020 compared to averages for all 109 Bay Area jurisdictions in 2020. Table 3-10 shows the measures of racial segregation for the region for 2010 and 2020 for comparison.

The isolation index shows that as of 2020, White residents are the most segregated compared to other racial groups in El Cerrito, as measured by the isolation index. The isolation index of 0.471 for White residents means that the average White resident lives in a neighborhood that is 47.1 percent White. Table 3-10 shows that the isolation index value for White residents in the region is 0.429, meaning that on average White Bay Area residents live in a jurisdiction that is 42.9 percent White in 2020 and are less likely to come into contact with other racial groups.

Among all racial groups, the White population’s isolation index value has changed the most over time, becoming less segregated from other racial groups between 2000 and 2020.

According to the dissimilarity index, the highest level of racial segregation within El Cerrito is between Black and White residents (see Table 3-9). El Cerrito’s Black/White dissimilarity index of 0.250 means that 25.0 percent of Black (or White) residents would need to move to a different neighborhood to create perfect integration between Black residents and White residents. When analyzing the dissimilarity index, it is important to note that dissimilarity index values are less reliable for a population group if that group represents approximately less than 5 percent of the jurisdiction’s total population. In El Cerrito, Black residents comprise 5.34 percent of the city’s population.

Tables 3-9 and 3-10 also present the Theil’s H Index value as a measure of segregation. This index measures how diverse each neighborhood is compared to the diversity of the whole city. Neighborhoods are weighted by their size, so that larger neighborhoods play a more significant role in determining the total measure of segregation. According to the Theil’s H-Index, neighborhood racial segregation in El Cerrito declined between 2010, 2015, and 2020. In 2020, the Theil’s H Index for racial segregation in El Cerrito was lower than the average value for Bay Area jurisdictions, indicating that neighborhood level racial segregation in El Cerrito is less than in the average Bay Area city.

Table 3-9 Neighborhood Racial Segregation Measures, El Cerrito, 2000-2020 Index Race El Cerrito Bay Area Average
2000 2010 2020 2020
Isolation Index Asian/Pacific Islander 0.252 0.283 0.316 0.245 Black/African American 0.120 0.095 0.063 0.053
Latinx 0.098 0.130 0.129 0.251
White 0.561 0.510 0.471 0.491
Dissimilarity Index Asian/Pacific Islander vs.

White

0.149 0.187 0.211 0.185
Black/African American vs.

White

0.334 0.286 0.250 0.244
Latinx vs. White 0.288 0.261 0.235 0.207
People of Color vs. White 0.166 0.181 0.193 0.168
Theil's H Multi-racial All 0.034 0.030 0.026 0.042
Source: UC Merced AFFH Segregation Report, 2022. IPUMS National Historical Geographic Information System (NHGIS). Data for 2019 is from U.S.

Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B03002. Data from 2010 is from U.S. Census Bureau, Census 2010, Table P4. Data for 2000 is standardized to 2010 census tract geographies and is from U.S. Census Bureau, Census 2000, Table P004.

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Table 3-10 Regional Racial Segregation Measures
Index Group 2010 2020
Isolation Index Asian/Pacific Islander 0.317 0.378
Black/African American 0.144 0.118
Latinx 0.283 0.291
White 0.496 0.429
People of Color 0.629 0.682
Dissimilarity Index Asian/Pacific Islander vs. White 0.384 0.369 Black/African American vs. White 0.475 0.459
Latinx vs. White 0.301 0.297
People of Color vs. White 0.296 0.293
Theil's H Multi-racial All 0.103 0.097
Source: UC Merced AFFH Segregation Report, 2022. IPUMS National Historical Geographic Information System (NHGIS). Data for 2019 is from U.S.

Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B03002.

Persons with Disabilities
In 1988, Congress added protections against housing discrimination for persons with disabilities through the FHA, which protects against intentional discrimination and unjustified policies and practices with disproportionate effects.

The FHA also includes the following unique provisions to persons with disabilities: (1) prohibits the denial of requests for reasonable accommodations for persons with disabilities, if necessary, to afford an individual equal opportunity to use and enjoy a dwelling; and (2) prohibits the denial of reasonable modification requests. With regards to fair housing, persons with disabilities have special housing needs because of the lack of accessible and affordable housing, and the higher health costs associated with their disability. In addition, many may be on fixed incomes that further limit their housing options.

Regional Trends
According to the 2015-2019 ACS 5-year estimates, 118,603 residents (10.9 percent of Contra Costa County’s population) reported having one of six disability types listed in the ACS (hearing, vision, cognitive, ambulatory, selfcare, and independent living). The percentage of residents detailed by disability are listed in Table 3-11 below. Note that an individual may report more than one disability.

Table 3-11 Percentage of Populations by Disability Types in Contra Costa County and El Cerrito, 2019 Disability Type Contra Costa County City of El Cerrito
Hearing 2.9% 3.4%
Vision 1.8% 1.4%
Cognitive 4.4% 3.3%
Ambulatory 5.9% 5.3%
Self-Care Difficulty 2.4% 2.4%
Independent Living Difficulty 5.2% 5.0%
Percentage of Total Population with Disability 10.9% 9.5% Source: 2015–2019 ACS 5-year Estimates
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In Contra Costa County, the percentage of individuals with disabilities increases with age, with the highest percentage of individuals with disabilities being those 65 years and older. El Cerrito shares the same pattern, though the percentage of population with disabilities is slightly higher in those 5–17 years of age than those 18–34 years of age (3.3 percent compared to 2.5). The upward trend continues after the slight dip. Refer to Table 3-12 for the distribution of percentages by age.

Table 3-12 Percentage of Population with Disabilities by Age in Contra Costa County and El Cerrito, 2019 Age Contra Costa County City of El Cerrito
Under 5 years 0.8% 1.0%
5 - 17 years 4.9% 3.3%
18 - 34 years 6.2% 2.5%
35 - 64 years 9.7% 5.2%
65 - 74 years 21.5% 19.5%
75 years and over 51.2% 49.1%
Source: 2015 ACS 5-year Estimates
In terms of geographic dispersal, there is a relatively homogenous dispersal of persons with disabilities, especially in central Contra Costa County, where most census tracts have less than 10 percent of individuals with disabilities.

Towards eastern Contra Costa County, the western boundary, and parts of southern Contra Costa County, however, the percentage of the population with disabilities increases to 10–20 percent. Comparing Figure 3-3 and Figure 3-36, areas with a high percentage of populations with disabilities correspond with areas with high housing choice voucher (HCV) concentration (24 percent of people who utilize HCVs in Contra Costa County have a disability). Though use of HCVs do not represent a proxy for actual accessible units, participating landlords remain subject to the FHA to provide reasonable accommodations and allow tenants to make reasonable modifications at their own expense.

Areas with a high percentage of populations with disabilities also correspond to areas with high percentages of lowmoderate income communities. The above demographic information indicates socioeconomic trends of populations of persons with disabilities.

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Figure 3-3: Distribution of Population with a Disability in Contra Costa County, 2019 Source: HCD AFFH Data Viewer. American Community Survey (ACS) (2015-2019).

Local Trends
The City of El Cerrito has a lower percentage of population with disabilities than Contra Costa County (a difference of

1.4 percent) and a different concentration of disability types. The greatest percentage of disabilities in El Cerrito are those with ambulatory difficulties (5.3 percent), followed by independent living (5.0 percent), hearing impairment (3.4 percent), cognitive impairment (3.3 percent), self-care needs (2.4 percent), and vision difficulties (1.4 percent).

Referring to Figure 3-4, populations with disabilities are concentrated in northern El Cerrito (10–20 percent of the population has a disability). The northern central portion of the city, however, has less than 10 percent of the population with a disability. Similarly, southern El Cerrito has a low percentage of population with a disability (< 10 percent), but a small southeast pocket of the city has a slightly higher percentage (10–20 percent).

Western tracts with higher populations with a disability are considered sensitive communities vulnerable to displacement. These tracts have a higher percentage of children in female-headed households, and low composite scores for opportunity areas. Low composite scores for opportunity areas indicate low opportunity indicators such as employment rates, educational proficiency, proximity to jobs, etc.

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Figure 3-4: Distribution of Population with a Disability in El Cerrito, 2019 Source: HCD AFFH Data Viewer. American Community Survey (ACS) (2015-2019).

Familial Status
Under the FHA, housing providers (e.g., landlords, property managers, real estate agents, or property owners) may not discriminate because of familial status. Familial status refers to the presence of at least one child under 18 years old, pregnant persons, or any person in the process of securing legal custody of a minor child (including adoptive or foster parents). Examples of familial status discrimination include refusing to rent to families with children, evicting families once a child joins the family (through birth, adoption, or custody), enforcing overly restrictive rules regarding children’s use of common areas, requiring families with children to live on specific floors, buildings, or areas, charging additional rent, security deposit, or fees because a household has children, advertising a preference for households without children, and lying about unit availability.

Families with children often have special housing needs due to lower per capita income, the need for affordable childcare, the need for affordable housing, or the need for larger units with three or more bedrooms. Single parent households are also protected by fair housing law. Of particular consideration are female-headed households, who may experience greater housing affordability challenges due to typically lower household incomes compared to twoparent households. Often, sex and familial status intersect to compound the discrimination faced by single mothers.

Table 3-13 displays household types in El Cerrito, Contra Costa County, and the Bay Area region. Female-headed family households account for 10 percent of all households in El Cerrito. There are slightly more female-headed family households (12 percent) throughout the County, however this distribution reflects the patterns of the rest of the region. Married-couple family households are the predominant household type, composing more than 50 percent of households throughout the region.

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Table 3-13 Household Type, 2019
Household Type El Cerrito Contra Costa County Bay Area
Female-Headed Family Households 966 10% 48,256 12% 48,256 10% Male-headed Family Households 279 3% 19,180 5% 19,180 5% Married-couple Family Households 5,553 55% 217,370 55% 217,370 51% Other Non-Family Households 865 9% 23,731 6% 23,731 9%
Single-Person Households 2,371 24% 86,232 22% 86,232 25% Total Population 10,034 100% 394,769 100% 394,769 100%
Source: U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B11001 Regional Trends
Figure 3-5 indicates that most children living in Contra Costa County live in married-couple households, especially in central parts of the county where the percentage of children in such households exceed 80 percent. Census tracts adjacent to these areas also have relatively high percentages of children living in married-couple households (60 percent–80 percent). Census tracts with the lowest percentage of children in married-couple households (less than 20 percent) are located between Pittsburg and Antioch.

Figure 3-6 depicts the concentration of households headed by single mothers in the county by Census Tract. Areas of concentration include Richmond, San Pablo, Rodeo, Bay Point, Pittsburg, Antioch, and to the west of Concord. Those communities are also areas of high minority populations. By contrast, central Contra Costa County, in general, and the portions of central Contra Costa County to the south of the City of Concord have relatively low concentrations of children living in female-headed households (less than 20 percent). These tend to be more heavily White or White and Asian and Pacific Islander communities.

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Figure 3-5: Distribution of Percentage of Children in Married-Couple Households in Contra Costa County, 2019 Source: HCD AFFH Data Viewer. American Community Survey (ACS) (2015-2019).

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Figure 3-6: Distribution of Percentage of Children in Female-Headed, No-Spouse or No-Partner Households in Contra Costa County, 2019
Source: HCD AFFH Data Viewer. American Community Survey (ACS) (2015-2019).

Local Trends
Figure 3-7 shows the percentage of children in married-couple households by census tract in El Cerrito. Most of the city has over 80 percent of children in married-couple households, and only tracts bordering Richmond on the northwest and southwest have slightly lower percentages (between 60–80 percent). The reverse is true for children in female-headed households, shown in Figure 3-8. The majority of El Cerrito has less than 20 percent of children in female-headed households, and only tracts on the northwest border have a slightly higher percentage of such households (21-40 percent).

Tracts with the highest percentage of married-couple households have the highest environmental score (indicating more positive environmental outcomes), highest median income (>$125,000), highest composite scores for opportunity areas in the city, and lowest percent of low-moderate income populations (<25 percent). High composite scores for opportunity areas indicate high opportunity indicators such as employment rates, educational proficiency, proximity to jobs, etc. According to HUD’s Location Affordability Index, further described later in this chapter, these areas have the highest median gross rent (>$3,000), which reduces economic attainability to live in such areas.

The opposite is true for tracts with a higher percent of children in female-headed households. These tracts have lower environmental scores, lower median income, and lower composite scores for opportunity areas in the city, and higher percent of low-moderate income populations. According to HUD’s Location Affordability Index, described Agenda Packet Page 244 of 497
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later in this chapter, these areas have the lowest median gross rent in the city (<$1,000), but still have the highest percentages of cost-burdened renter households.

Figure 3-7: Percent of Children in Married-Couple Households by Tract in El Cerrito, 2019 Source: HCD AFFH Data Viewer. American Community Survey (ACS) (2015-2019).

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Figure 3-8: Percent of Children in Female-Headed Households by Tract in El Cerrito, 2019 Source: HCD AFFH Data Viewer. American Community Survey (ACS) (2015-2019).

Income Level
Each year, HUD receives custom tabulations of ACS data from the U.S. Census Bureau known as "CHAS" data (Comprehensive Housing Affordability Strategy). It demonstrates the number of households in need of housing assistance by estimating the number of households that have certain housing problems and have income low enough to qualify for HUD’s programs (primarily 30 percent, 50 percent, and 80 percent of median income). HUD defines a Low to Moderate Income (LMI) area as a census tract or block group where over 51 percent of the population is LMI (based on HUD income definition of up to 80 percent of the Area Median Income).

Regional Trends
Table 3-14 lists Contra Costa County and El Cerrito households by income category and tenure. Based on the above definition, 38.71 percent of Contra Costa County households are considered LMI as they earn less than 80 percent of the HUD Area Median Family Income (HAMFI). Almost 60 percent of all renters are considered LMI compared to only

27.5 percent of owner households.

Figure 3-9 shows the LMI areas in Contra Costa County by block group. Most of central Contra Costa County has less than 25 percent of LMI populations. Block groups with high concentrations of LMI (between 75–100 percent of the population) can be found clustered around Antioch, Pittsburg, Richmond, and San Pablo. There are also small pockets with high percentages of LMI population around Concord. Other areas of the county have a moderate percentage of LMI population (25 percent–75 percent).

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Table 3-14 Households by Income Category and Tenure in Contra Costa County and El Cerrito, 2015 Contra Costa County El Cerrito
Income Distribution Overview Owner Renter Total Owner Renter Total Household Income < 30% HAMFI 7.53% 26.95% 7.63% 16.89% 11.42% 7.63% Household Income >30% to < 50% HAMFI 8.85% 17.09% 7.29% 14.44% 10.22% 7.29% Household Income >50% to < 80% HAMFI 11.12% 15.16% 9.92% 14.32% 11.72% 9.92% Household Income >80% to < 100% HAMFI 8.98% 9.92% 9.58% 10.65% 10.02% 9.58% Household Income >100% HAMFI 63.52% 30.89% 65.56% 43.70% 56.61% 65.56% Total Population 248,670 135,980 384,645 5,895 4,085 9,980 Source: HUD Office of Policy Development and Research (PD&R) CHAS Data; 2011–2015 ACS Local Trends
Generally speaking, there are disparities between the incomes of homeowners and renters, a pattern observed on both the regional and local levels. In El Cerrito, only 24.8 percent of owner households are considered LMI (earning less than 80 percent of HAMFI) compared to about 45.7 percent of renter households. The reverse is true for those of high-income households (more than 100 percent of HAMFI), where 65 percent of owner households are high income, and only 43 percent of renter households are high income.

Figure 3-10 below shows the percentage of population with low to moderate income levels by block group in the City of El Cerrito. The block groups graduate from less than 25 percent to 50–75 percent of LMI populations from the east to the west. Block groups on the west bordering Richmond have the highest percentage of LMI populations in the city. Where LMI populations are lowest, tracts have the highest composite, environmental, economic, and education score (indicating more positive outcomes overall), highest median income (>$125,000), highest percent of children in married-couple households, and highest median gross rents ($2,500–$3,000) in the city. The opposite is true for tracts with a higher percent of LMI populations.

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Figure 3-9: Distribution of Population with Low to Moderate Income Levels in Contra Costa County, 2015 Source: HCD AFFH Data Viewer. American Community Survey (ACS) (2011-2015).

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Figure 3-10: Distribution of Population with Low to Moderate Income Levels in El Cerrito, 2015 Source: HCD AFFH Data Viewer. American Community Survey (ACS) (2011-2015).

Income Segregation Indices
Income segregation can also be analyzed by calculating values for the segregation indices discussed previously.

Similar to the racial segregation measures shown in Tables 3-9 and 3-10, Table 3-15 presents segregation index values for income segregation for El Cerrito and the entire nine-county Bay Area in 2010 and 2015 and Table 3-16 presents the same for the region.

The dissimilarity index and isolation index are calculated by comparing the income demographics of El Cerrito and local jurisdictions to the regional income group composition. For example, Table 3-16 shows that the regional isolation index value for very low-income residents is 0.315, meaning that on average very low-income Bay Area residents live in a jurisdiction that is 31.5 percent very low-income. The regional dissimilarity index for lower-income residents (below 80 percent AMI) and other residents is 0.193, which means that across the region 19.3 percent of lower-income residents would need to move to a different jurisdiction to create perfect income group integration in the Bay Area as a whole.

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Table 3-15 Neighborhood Income Segregation Levels in El Cerrito, 2000-2015 Index Race El Cerrito Bay Area Average
2000 2015 2015
Isolation Index Very Low-Income (<50% AMI) 0.292 0.300 0.269 Low-Income (50%-80% AMI) 0.142 0.118 0.145
Moderate-Income (80%-120% AMI) 0.199 0.183 0.183
Above Moderate-Income (>120% AMI) 0.541 0.523 0.507
Dissimilarity Index Below 80% AMI vs. Above 80% AMI 0.339 0.267 0.198 Below 50% AMI vs. Above 120% AMI 0.412 0.340 0.253
Theil's H Multi-racial All Income Groups 0.071 0.049 0.043 Source: Income data for 2015 is from U.S. Department of Housing and Urban Development, American Community Survey 5-Year 2011-2015 Lowand Moderate-Income Summary Data. Data for 2010 is from U.S. Department of Housing and Urban Development, American Community Survey 5-Year 2006-2010 Low- and Moderate-Income Summary Data.

Table 3-16 Regional Income Segregation Measures
Index Group 2010 2015
Isolation Index Very Low-Income (<50% AMI) 0.277 0.315
Low-Income (50%-80% AMI) 0.157 0.154
Moderate-Income (80%-120% AMI) 0.185 0.180
Above Moderate-Income (>120% AMI) 0.467 0.435
Dissimilarity Index Below 80% AMI vs. Above 80% AMI 0.186 0.194 Below 50% AMI vs. Above 120% AMI 0.238 0.248
Theil's H Multi-racial All Income Groups 0.034 0.032
Source: UC Merced AFFH Segregation Report, 2022. U.S. Department of Housing and Urban Development, American Community Survey 5-Year 2011-2015 Low- and Moderate- Income Summary Data.

3.4 Racially and Ethnically Concentrated Areas
Racially and Ethnically Concentrated Areas of Poverty (R/ECAP) Racially or Ethnically Concentrated Areas of Poverty (R/ECAP) are neighborhoods in which there are both racial concentrations and high poverty rates. HUD’s definition of a R/ECAP is:
• A census tract that has a non-white population of 50 percent or more (majority-minority) or, for non-urban areas, 20 percent, AND a poverty rate of 40 percent or more; OR • A census tract that has a non-white population of 50 percent or more (majority-minority) AND the poverty rate is three times the average tract poverty rate for the county, whichever is lower.

Households within R/ECAP tracts frequently represent the most disadvantaged households within a community and often face a multitude of housing challenges. R/ECAPs are meant to identify where residents may have historically faced discrimination and continue to be challenged by limited economic opportunity. Identifying R/ECAPS facilitates an understanding of entrenched patterns of segregation and poverty due to the legacy effects of historically racist and discriminatory housing laws.

Regional Trends
In Contra Costa County, the only area that meets the official definition of a R/ECAP is Monument Corridor in Concord (highlighted with red stripes in Figure 3-11 below).

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Figure 3-11: R/ECAPs in Contra Costa County, 2013
Source: HCD AFFH Data Viewer. U.S. Department of Housing and Urban Development (2009-2013).

Expanded R/ECAPs in Contra Costa County
According to the 2020 Contra Costa County AI, however, the HUD definition that utilizes the federal poverty rate is not suitable for analysis in the San Francisco Bay Area due to the high cost of living. The HUD definition would severely underestimate whether an individual is living in poverty. The Contra Costa County AI proposes an alternate definition of a R/ECAP that includes majority-minority census tracts that have poverty rates of 25 percent or more.

Under this definition, twelve other census tracts would qualify as R/ECAPs in the areas of Antioch (1), Bay Point (1), Concord (3), Pittsburg (2), north Richmond (1), Richmond (3) and San Pablo (1). Refer to Figure 3-12 for the locations of R/ECAPS based on the expanded definition. Note that the Contra Costa County AI does not provide a legend for the map.

According to the 2012–2016 ACS, 69,326 people lived in these expanded R/ECAPs, representing 6.3 percent of the county’s population. Hispanic and Black populations make up a disproportionately large percentage of residents who reside in R/ECAPs compared to the population of the county or Region as a whole. In Contra Costa County, approximately 53 percent of individuals living in R/ECAPs are Hispanic, nearly 18 percent are Black, 19.57 percent are Mexican American, 4.65 percent are Salvadoran American, and 1.49 percent are Guatemalan Americans. Families with children under 18 still in the household comprise almost 60 percent of the population in Contra Costa County’s R/ECAPs. To those already living in poverty, the higher rate of dependent children in their households would translate to a greater strain on their resources.

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Figure 3-12: Expanded R/ECAPs in Contra Costa County
Source: Contra Costa County Analysis of Impediments to Fair Housing Choice, 2020.

Local Trends
The City of El Cerrito has no R/ECAPs as defined by HUD and no expanded R/ECAPs as defined by the Contra Costa County AI (see Figure 3-13).

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Figure 3-13: R/ECAPs in El Cerrito, 2013
Source: HCD AFFH Data Viewer. U.S. Department of Housing and Urban Development (2009-2013).

Racially Concentrated Areas of Affluence (RCAAs)
Racially Concentrated Areas of Affluence (RCAAs) are defined by the HUD as communities with a large proportion of affluent and non-Hispanic White residents. According to a policy paper published by the HUD, non-Hispanic Whites are the most racially segregated group in the United States. In the same way neighborhood disadvantage is associated with concentrated poverty and high concentrations of people of color, distinct advantages are associated with residence in affluent, White communities. RCAAs are currently not available for mapping on the AFFH Data Viewer. As such, an alternate definition of RCAA from the University of Minnesota Humphrey School of Public Affairs is used in this analysis. RCAAs are defined as census tracts where (1) 80 percent or more of the population is White, and (2) the median household income is $125,000 or greater (slightly more than double the national median household income in 2016).

Regional Trends
By cross-referencing Figure 3-1 (Racial Demographics in Contra Costa County) and Figure 3-14 below showing median household incomes by census block group in Contra Costa County, there are a string of RCAAs that run from Danville to Lafayette and tapers off towards Walnut Creek emerges. This aligns with the cities’ racial demographic and median income (summarized in Table 3-17 below). Although not all census tracts/block groups meet the criteria to qualify as RCAAs, there is a tendency for census block groups with higher White populations to have higher median incomes throughout the county.

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Table 3-17 White Population and Median Household Income of RCAAs in Contra Costa County City White Population Median Household Income (2019)
Danville 80.53% $160,808
Lafayette 81.23% $178,889
Walnut Creek 74.05% $105,948
Source: DataUSA.io (2019)
Figure 3-14: Median Household Income in Contra Costa County Source: HCD AFFH Data Viewer. American Community Survey (ACS) (2015-2019).

Local Trends
Figure 3-15 shows the median household income by block group in the City of El Cerrito. Notably, Contra Costa County’s area median income in 2020 was $119,200 so a big portion of the city is displayed in blue and dark blue, indicating median household incomes above the 2020 State Median Income ($87,100). Households with median income greater than $125,000 are more concentrated in the east hillside areas. Only one small block group in the west has a median household income less than $30,000, and other small pockets along the western border are also below the HCD’s median state income. The rest of the city has income between $87,000–$125,000. There are two block groups in the southeast area of the city that have the lowest proportion of non-White residents and median Agenda Packet Page 254 of 497
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income higher than $125,000. However, these block groups contain approximately 35 percent non-White residents, which according to the HUD definition, do not qualify as an RCAA.

Areas with the highest median income also have the highest rents in the city and the highest percent of children in married-couple households. Parts of the city with income greater than $125,000 are considered high resource areas based on composite scores for opportunity areas. High composite scores for opportunity areas indicate high opportunity indicators such as employment rates, educational proficiency, proximity to jobs, etc.

Figure 3-15: Median Household Income in El Cerrito
Source: HCD AFFH Data Viewer. American Community Survey (ACS) (2015-2019).

3.5 Access to Opportunities
Access to opportunity is a concept to approximate the link between place-based characteristics (e.g., education, employment, safety, and the environment) and critical life outcomes (e.g., health, wealth, and life expectancy).

Ensuring access to opportunity means both improving the quality of life for residents of low-income communities, as well as supporting residents’ mobility and access to ‘high resource’ neighborhoods.

HUD Opportunity Indices
This section presents the HUD-developed index scores based on nationally available data sources to assess residents’ access to key opportunity assets in comparison to the county. Table 3-18 provides index scores or values (the values range from 0 to 100) for the following opportunity indicator indices:

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• School Proficiency Index: The school proficiency index uses school-level data on the performance of 4th grade students on state exams to describe which neighborhoods have high-performing elementary schools nearby and which are near lower performing elementary schools. The higher the index value, the higher the school system quality is in a neighborhood.
• Labor Market Engagement Index: The labor market engagement index provides a summary description of the relative intensity of labor market engagement and human capital in a neighborhood. This is based upon the level of employment, labor force participation, and educational attainment in a census tract. The higher the index value, the higher the labor force participation and human capital in a neighborhood. • Transit Trips Index: This index is based on estimates of transit trips taken by a family that meets the following description: a 3-person single-parent family with income at 50 percent of the median income for renters for the region (i.e. the Core-Based Statistical Area (CBSA). The higher the transit trips index value, the more likely residents in that neighborhood utilize public transit.
• Low Transportation Cost Index: This index is based on estimates of transportation costs for a family that meets the following description: a 3-person single-parent family with income at 50 percent of the median income for renters for the region/CBSA. The higher the index value, the lower the cost of transportation in that neighborhood.
• Jobs Proximity Index: The jobs proximity index quantifies the accessibility of a given residential neighborhood as a function of its distance to all job locations within a region/CBSA, with larger employment centers weighted more heavily. The higher the index value, the better the access to employment opportunities for residents in a neighborhood.
• Environmental Health Index: The environmental health index summarizes potential exposure to harmful toxins at a neighborhood level. The higher the index value, the less exposure to toxins harmful to human health.

Therefore, the higher the index value, the better the environmental quality of a neighborhood, where a neighborhood is a census block-group.

Table 3-18 Opportunity Indices in Contra Costa County
Index School
Proficiency Transit Trip
Low
Transportation
Cost
Labor Market Jobs
Proximity
Environmental
Health
Total Population
White, Non-Hispanic 69.32 79.83 71.72 68.76 49.30 54.75 Black, Non-Hispanic 34.34 81.81 75.62 42.52 48.12 43.68 Asian or Pacific Islander, Non-Hispanic 59.43 80.81 72.22 66.87 45.27 52.22 Native American, Non-Hispanic 49.99 80.47 73.09 51.19 49.04 47.92 Hispanic 39.38 82.31 75.57 42.30 45.11 43.85
Population Below Federal Poverty Line
White, Non-Hispanic 55.60 81.05 74.17 55.46 50.67 49.39 Black, Non-Hispanic 25.84 84.03 78.23 32.63 48.69 39.84 Asian or Pacific Islander, Non-Hispanic 46.48 84.04 77.75 52.15 50.02 41.52 Native American, Non-Hispanic 19.92 82.61 75.06 34.52 48.41 46.48 Hispanic 30.50 84.69 78.06 32.01 44.57 38.66
Source: AFFHT Data Table 12; Data Sources: Decennial Census; ACS; Great Schools; Common Core of Data; SABINS; LAI; LEHD; NATA Note: American Community Survey Data are based on a sample and are subject to sampling variability.

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TCAC Opportunity Maps
TCAC Maps are opportunity maps created by the California Fair Housing Task Force (a convening of the Department of Housing and Community Development (HCD) and the California Tax Credit Allocation Committee (TCAC)) to provide research and evidence-based policy recommendations to further HCD’s fair housing goals of (1) avoiding further segregation and concentration of poverty and (2) encouraging access to opportunity through land use policy and affordable housing, program design, and implementation. These opportunity maps identify census tracts with highest to lowest resources, segregation, and poverty, which in turn inform the TCAC to more equitably distribute funding for affordable housing in areas with the highest opportunity through the Low-Income Housing Tax Credit (LIHTC) Program.

TCAC Opportunity Maps display areas by highest to lowest resources by assigning scores between 0–1 for each domain by census tracts where higher scores indicate higher “access” to the domain or higher “outcomes.” Refer to Table 3-19 for a list of domains and indicators for opportunity maps. Composite scores are a combination score of the three domains that do not have a numerical value but rather rank census tracts by the level of resources (low, moderate, high, highest, and high poverty and segregation). The opportunity maps also include a measure or “filter” to identify areas with poverty and racial segregation. The criteria for these filters were:
• Poverty: Tracts with at least 30 percent of population under the federal poverty line; • Racial Segregation: Tracts with location quotient higher than 1.25 for Blacks, Hispanics, Asians, or all people of color in comparison to the county
Table 3-19 Domains and List of Indicators for Opportunity Maps Domain Indicator
Economic • Poverty
• Adult Education
• Employment
• Job Proximity
• Median Home Value
Environmental • CalEnviroScreen 3.0 Pollution Indicators and Values Education • Math Proficiency
• Reading Proficiency
• High School Graduation Rates
• Student Poverty Rates
Source: California Fair Housing Task Force, Methodology for the 2021 TCAC/HCD Opportunity Maps, December 2020 High resource areas have high index scores for a variety of opportunity indicators such as high employment rates, low poverty rates, proximity to jobs, high educational proficiency, and limited exposure to environmental health hazards. High resource tracts are areas that offer low-income residents the best chance of a high quality of life, whether through economic advancement, high educational attainment, or clean environmental health. Moderate resource areas have access to many of the same resources as the high resource areas but may have fewer job opportunities, lower performing schools, lower median home values, or other factors that lower their indexes across the various economic, educational, and environmental indicators. Low resource areas are characterized as having fewer opportunities for employment and education, or a lower index for other economic, environmental, and educational indicators. These areas have greater quality of life needs and should be prioritized for future investment to improve opportunities for current and future residents.

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Regional Trends
Figure 3-16 provides a visual representation of TCAC Opportunity Areas in Contra Costa County based on a composite score, where each tract is categorized based on percentile rankings of the level of resources within the region. The only census tract in Contra Costa County considered an area of high segregation and poverty is located in Martinez. Concentrations of low resource areas are located in the northwestern and eastern parts of the county (Richmond to Hercules and Concord to El Cerrito); census tracts with the highest resources are located in central and southern parts of the county (San Ramon, Danville, Moraga, and Lafayette).

Local Trends
The City of El Cerrito is composed of mostly moderate to high resource areas, with a small portion of census tracts on the west considered low resource. Low resource areas correspond to areas with a higher percentage of children in female-headed households, lower scores on the healthy places index, lowest median gross rents (<$1,000), and lowest median household income in the city.

Figure 3-16: Composite Score of TCAC Opportunity Areas in Contra Costa County, 2021 Source: Map 11(a) of Contra Costa Housing Collaborative AFFH analysis.

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Figure 3-17: TCAC Composite Scores in El Cerrito, 2021
Source: Map 11(b) of Contra Costa Housing Collaborative AFFH analysis.

Educational Opportunity
Housing and school policies are mutually reinforcing, which is why it is important to analyze access to educational opportunities when assessing fair housing. At the most general level, school districts with the greatest amount of affordable housing tend to attract larger numbers of LMI families (largely composed of minorities). As test scores are a reflection of student demographics, where Black/Hispanic/Latino students routinely score lower than their White peers, less diverse schools with higher test scores tend to attract higher income families to the school district. This is a fair housing issue because as higher income families move to the area, the overall cost of housing rises and an exclusionary feedback loop is created, leading to increased racial and economic segregation across districts as well as decreased access to high-performing schools for non-White students.

Regional Trends
There are 19 public school districts in Contra Costa County, in addition to 124 private schools and 19 charter schools.

Figure 3-18 shows that the northwestern and eastern parts of the county have the lowest education domain scores (less than 0.25) per census tracts, especially around Richmond and San Pablo, Pittsburg, Antioch, east of Clayton, and Concord and its northern unincorporated areas. Census tracts with the highest education domain scores (greater than 0.75) are located in central and southern parts of the county (bounded by San Ramon on the south; Orinda and Moraga on the west; Lafayette, Walnut Creek, Clayton, and Brentwood on the north). Areas with lower education scores correspond with areas with lower income households (largely composed of minorities) and vice versa. Table 3- Agenda Packet Page 259 of 497
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18 also indicates that index values for school proficiency are higher for White residents, indicating a greater access to high quality schools regardless of poverty status.

According to the Contra Costa County 2020 AI, academic outcomes for low-income students are depressed by the presence of high proportions of low-income classmates; similarly situated low-income students perform at higher levels in schools with lower proportions of low income students. The research on racial segregation is consistent with the research on poverty concentration—positive levels of school integration led to improved educational outcomes for all students. Thus, it is important wherever possible to reduce school-based poverty concentration and to give low-income families access to schools with lower levels of poverty and greater racial diversity. The 2021 TCAC Opportunity Areas Education Composite Score for a census tract is based on math and reading proficiency, high school graduation rates, and student poverty rate indicators. The score is broken up by quartiles, with the highest quartile indicating more positive education outcomes and the lowest quartile signifying fewer positive outcomes.

Figure 3-18: TCAC Opportunity Areas’ Education Score in Contra Costa County, 2021 Source: Map 12(a) of Contra Costa Housing Collaborative AFFH analysis.

Local Trends
The City of El Cerrito is part of the West Contra Costa Unified School District (WCCUSD). Seven public schools in the city serve 4,109 students for the 2022 school year. El Cerrito public schools have an average math proficiency score of 44 percent (compared to the county average of 19 percent and state average of 40 percent) and an average reading proficiency score of 56 percent (compared to the county average of 21 percent and state average of 51 percent). The proficiency scores are based on the percentage of students in a given school or district that scored at or above “proficient” levels in math or reading as designated by California and its state tests. Schools in El Cerrito have an average ranking of 7/10, which is in the top 50 percent of California public schools. Minority enrollment is 72 percent Agenda Packet Page 260 of 497
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of the student body (majority Hispanic and Asian), which is slightly higher than the county public school average of 71 percent (majority Hispanic). In terms of education scores, eastern tracts and one small section in the southwest have the highest scores (0.50–0.75). Scores gradually decrease towards the west. The rest of the city is split between scores of less than 0.25 in the north and 0.25–0.50 in the south. Where education scores are the highest, tracts in the city are considered high resource areas and have median incomes greater than $125,000. Tracts with low education scores are considered moderate to low resource areas and have lower median income.

Figure 3-19: TCAC Opportunity Areas’ Education Score in El Cerrito, 2021 Source: Map 12(b) of Contra Costa Housing Collaborative AFFH analysis.

Transportation
Access to public transit is of paramount importance to households affected by low incomes and rising housing prices, especially because lower income households are often transit dependent. Public transit should strive to link lower income persons, who are often transit dependent, to major employers where job opportunities exist. Access to employment via public transportation can reduce welfare usage and increase housing mobility, which enables residents to locate housing outside of traditionally low-income neighborhoods.

Transportation opportunities are depicted by two indices: (1) the transit trips index and (2) the low transportation cost index. The transit trips index measures how often low-income families in a neighborhood use public transportation.

The index ranges from 0 to 100, with higher values indicating a higher likelihood that residents in a neighborhood utilize public transit. The low transportation cost index measures cost of transportation and proximity to public Agenda Packet Page 261 of 497
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transportation by neighborhood. It too varies from 0 to 100, and higher scores point to lower transportation costs in that neighborhood.

Regional Trends
Neither index, regardless of poverty level, vary noticeably across racial/ethnic categories. All races and ethnicities score highly on both indices with values close in magnitude. If these indices are accurate depictions of transportation accessibility, it is possible to conclude that all racial and ethnic classes have high and relatively equal access to transportation at both the jurisdiction and regional levels. If anything, both indices appear to take slightly higher values for non-Hispanic Blacks and Hispanics, suggesting better access to transit and lower costs for these protected groups.

Contra Costa County is served by rail, bus, and ferry transit but the quality of service varies across the county. Much of Contra Costa County is connected to other parts of the East Bay as well as to San Francisco and San Mateo County by Bay Area Rapid Transit (BART) rail service. The Richmond-Warm Springs/South Fremont and Richmond-Daly City/Millbrae Lines serve El Cerrito and Richmond during peak hours while the Antioch-SFO Line extends east from Oakland to serve Orinda, Lafayette, Walnut Creek, Contra Costa Center/Pleasant Hill, Concord, and the Pittsburg/Bay Point station. An eastward extension, also known as eBART, began service on May 26, 2018. The extension provides service beyond the Pittsburg/Bay Point station to the new Pittsburg Center and Antioch stations. The Capitol Corridor route provides rail service between San Jose and Sacramento and serves commuters in Martinez and Richmond.

In contrast to rail transportation, bus service is much more fragmented in the county and regionally. Several different bus systems including Tri-Delta Transit, AC Transit, County Connection, and WestCat provide local service in different sections of the county. The lack of an integrated network can make it harder for transit riders to understand how to make a trip that spans multiple operators and adds costs during a daily commute.

Within Contra Costa County, transit is generally not as robust in east county despite growing demand for public transportation among residents. The lack of adequate public transportation makes it more difficult for lower-income people in particular to access jobs. Average transit commutes in Pittsburg and Antioch exceed 70 minutes. In Brentwood, average transit commute times exceed 100 minutes.

Transit agencies that service Contra Costa County include County Connection, Tri Delta Transit, WestCAT, AC Transit, and BART. The County Connection Bus (CCCTA) is the largest bus transit system in the county that provides fixedroute and paratransit bus service for communities in central Contra Costa County. Other non-Contra Costa County agencies that provide express service to the county include:
• San Francisco Bay Ferry (Richmond to SF Ferry Building); • Golden Gate Transit (Line 40);
• WHEELS Livermore Amador Valley Transit Authority (Route 70x); • SolTrans (Route 80/82 and the Yellow Line);
• Capitol Corridor (Richmond/Martinez to cities between Auburn and San Jose); • Fairfield & Suisun Transit (Intercity express routes); • Altamont Corridor Express (commute-hour trains from Pleasanton); • Napa Vine Transit (Route 29)
Figure 3-20 displays public transit routes in Contra Costa County.

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Figure 3-20: Public Transit Routes in Contra Costa County, 2021 Source: Map 13(a) of Contra Costa Housing Collaborative AFFH analysis.

Local Trends
Through the adopted Transit First Policy, it is the official policy of the City of El Cerrito to encourage and promote the use of public transit among El Cerrito residents and visitors and to expedite the movement of transit vehicles.

El Cerrito is primarily served by AC Transit, operated by Alameda-Contra Costa Transit District, and Bay Area Rapid Transit (BART). The city has two BART stations at El Cerrito Plaza and Del Norte. The Del Norte BART is also served by WestCAT Transit, VINE Transit, Vallejo Transit, Golden Gate Transit, and Fairfield and Suisun Transit (FAST). The city provides in-town transportation services for seniors and disabled residents through Easy Ride Paratransit Service; East Bay Paratransit operated by AC Transit also operates within the city.

According to AllTransit, an online source of transit connectivity, access, and frequency data, 100 percent of jobs in El Cerrito are located within half a mile of transit and 28.02 percent of all commuters use transit. AllTransit states that

58.1 percent of the population (14,538 people) live within one-half mile of full-day high-frequency transit, defined as access from 7am to 10pm; 65.3 percent of the population (16,345 people) live within one-half mile of rush-hour highfrequency transit, defined as access from 7am–9am and 4pm–6pm.

Figure 3-21 illustrates transit scores from a range of 1< to >9, where higher scores indicate higher connectivity, access to jobs, and frequency of service. Approximately half (54.8 percent) of the population live in areas with scores in the 7–9 range, 38.5 percent of the population live in areas with scores of >9; 6.7 percent of the population live in areas with scores in the 5–7 range. Overall, AllTransit scores El Cerrito 8.5/10 for its transit performance, which means that Agenda Packet Page 263 of 497
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the city has an excellent combination of trips per week and number of jobs accessible enabling numerous people to take transit to work.

Based on ACS 2015-2019 5-year estimates, almost 25 percent of the population has a commute time of 15–24 minutes; almost 16 percent of the population has a commute time between 30–34 minutes; about 25 percent of the population has a commute time between 45–89 minutes.

Figure 3-21: AllTransit Overall Performance Score in El Cerrito, 2021 Source: Map 13(b) of Contra Costa Housing Collaborative AFFH analysis.

Additionally, AllTransit provides the transit connectivity index (TCI), a metric based on the number of bus routes and train stations within walking distance for households in a given Block Group scaled by the frequency of service. The result is scaled from 0-100, with zero being no transit and 100 being the best block group in the county. El Cerrito has an overall score of 13/100, which reflects that the City only has one high frequency transit route and 15 transit routes available within a one-half mile of an average block group. For comparison, a transit-rich city like San Francisco has a TCI score of 32, which has 26 total transit routes and 23 high frequency transit routes within one-half mile of an average block group.

Economic Development
Employment opportunities are depicted by two indices: (1) the labor market engagement index and (2) the jobs proximity index. The labor market engagement index provides a summary description of the relative intensity of labor market engagement and human capital in a neighborhood, taking into account the unemployment rate, labor-force participation rate, and percent with a bachelor’s degree or higher. The index ranges from 0 to 100, with higher values Agenda Packet Page 264 of 497
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indicating higher labor force participation and human capital. The jobs proximity index quantifies the accessibility of a neighborhood to jobs in the region by measuring the physical distances between jobs and places of residence. It too varies from 0 to 100, and higher scores point to better accessibility to employment opportunities.

Regional Trends
In Contra Costa County, non-Hispanic Whites and non-Hispanic Asians/Pacific Islanders are at the top of the labor market engagement index with scores of 66.76 and 66.87 respectively. Non-Hispanic Blacks and Hispanics score the lowest in the county with scores around 32. (Refer to Table 3-18 for a full list of indices). Figure 3-22 shows the spatial variability of job proximity in Contra Costa County. Tracts extending north from Lafayette to Martinez and its surrounding unincorporated areas have the highest index values followed by its directly adjacent areas. Cities like Pittsburg, Antioch, Brentwood, Oakley, and Hercules have the lowest index scores (less than 20). Hispanic residents have the least access to employment opportunities with an index score of 45.11, whereas White residents have the highest index score of 49.30. These areas closely align with the areas scoring the lowest in the TCAC economic index, shown in Figure 3-23.

At the end of 2021, Contra Costa County had an unemployment rate of 4.2 percent, representing an estimated 22,900 residents. Antioch, Pittsburg, and Richmond were amongst the cities with the highest unemployment rates, 6.6 percent, 5.6 percent, and 5.2 percent respectively. These cities were closely followed by Brentwood, Oakley, and San Pablo. The unemployment rates in cities within Contra Costa County correspond with low opportunity index scores.

Figure 3-22: Job Proximity Index in Contra Costa County, 2017 Source: Map 14(a) of Contra Costa Housing Collaborative AFFH analysis.

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Figure 3-23: TCAC Opportunity Areas’ Economic Score in Contra Costa County, 2021 Source: Map 15(a) of Contra Costa Housing Collaborative AFFH analysis.

Local Trends
El Cerrito had an unemployment rate of 3.6 percent at the end of 2021, lower than the county unemployment rate of

4.2 percent. Figure 3-24 shows the job proximity index by block group for El Cerrito. Residents in south El Cerrito are closest in proximity to jobs with scores of 40–60. Proximity to jobs in the city decreases towards the north of the city; block groups with the lowest scores (<20) are located in the northern tip of the city. Block groups with the lowest score on the job proximity index also have the lowest economic scores in the city and lowest percentages of costburdened renter households.

Figure 3-25 displays the economic index scores for the city. Overall, El Cerrito has moderate economic scores ranging from 0.25–0.75. For the most part, east El Cerrito has higher scores (0.50–0.75) than west El Cerrito (0.25–0.50). Tracts with the highest economic scores correspond to areas with the highest median income, areas considered high resource, and highest median gross rent in the city.

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Figure 3-24: Job Proximity Index in El Cerrito, 2017
Source: Map 14(b) of Contra Costa Housing Collaborative AFFH analysis.

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Figure 3-25: TCAC Opportunity Areas’ Economic Score in El Cerrito, 2021 Source: Map 15(b) of Contra Costa Housing Collaborative AFFH analysis.

Environment
The Environmental Health Index summarizes potential exposure to harmful toxins at a neighborhood level. Index values range from 0 to 100 and the higher the index value, the less exposure to toxins harmful to human health.

Therefore, the higher the value, the better the environmental quality of a neighborhood, where a neighborhood is a census block-group. There are modest differences across racial and ethnic groups in neighborhood access to environmental quality. All racial/ethnic groups in the Consortium obtained moderate scores ranging from low 40s to mid–50s. Non-Hispanic Blacks and Hispanics have the lowest scores amongst all residents in Contra Costa County with scores of 43; whereas non-Hispanic Whites and Asians/Pacific Islanders have the highest scores (index score over 50) amongst all residents in Contra Costa County (Refer to Table 3- 18).

CalEnviroScreen was developed by the California Environmental Protection Agency (CalEPA) to evaluate pollution sources in a community while accounting for a community’s vulnerability to the adverse effects of pollution. Measures of pollution burden and population characteristics are combined into a single composite score that is mapped and analyzed. Higher values on the index indicate higher cumulative environmental impacts on individuals arising from these burdens and population factors.

The California Office of Environmental Health Hazard Assessment (OEHHA) compiles these scores to help identify California communities disproportionately burdened by multiple sources of pollution. In addition to environmental factors (pollutant exposure, groundwater threats, toxic sites, and hazardous materials exposure) and sensitive Agenda Packet Page 268 of 497
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receptors (seniors, children, persons with asthma, and low birth weight infants), CalEnviroScreen also considers socioeconomic factors such as educational attainment, linguistic isolation, poverty, and unemployment.

Regional Trends
Figure 3-26 below displays the Environmental Score for Contra Costa County based on CalEnviroScreen 3.0 Pollution Indicators and Values that identifies communities in California disproportionately burdened by multiple sources of pollution and face vulnerability due to socioeconomic factors. The highest scoring 25 percent of census tracts were designated as disadvantaged communities. In Contra Costa County, disadvantaged communities include census tracts in north Richmond, Richmond, Pittsburg, San Pablo, Antioch, Rodeo, and Oakley.

Figure 3-27 shows scores for CalEnviroscreen 4.0. Generally speaking, adverse environmental impacts are concentrated around the northern border of the county (Bay Point to Pittsburg) and the western border of the county (Richmond to Pinole). Areas around Concord to Antioch have moderate scores and the rest of the county has relatively low scores. From central Contra Costa County, an almost radial gradient effect can be seen from green to red (least to most pollution).

Figure 3-26: TCAC Opportunity Areas’ Environmental Score in Contra Costa County, 2021 Source: Map 16(a) of Contra Costa Housing Collaborative AFFH analysis.

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Figure 3-27: CalEnviroScreen 4.0 Results in Contra Costa County, 2021 Source: Map 17(a) of Contra Costa Housing Collaborative AFFH analysis.

Local Trends
Environmental index scores for the City of El Cerrito, shown in Figure 3-28, are considerably higher than Richmond to the west, which is likely due to operational activities that occur at the Port of Richmond. The majority of the city has scores greater than 0.75, which indicate more positive environmental outcomes. Northwestern and southwestern El Cerrito have slightly lower scores (0.50–0.75) compared to the rest of the city. Figure 3-29 reflects similar patterns with CalEnviroscreen 4.0 scores, where the majority of the city has low risk of pollution, which decreases towards the western border of the city. The eastern area of the city is closer to more natural and open spaces, such as the Tilden Regional Park. Tracts with higher environmental scores have higher median gross rents, low percent of low-moderate income populations, and lower percent of non-White populations.

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Figure 3-28: TCAC Opportunity Areas’ Environmental Score in El Cerrito, 2021 Source: Map 16(b) of Contra Costa Housing Collaborative AFFH analysis.

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Figure 3-29: CalEnviroScreen 4.0 Results in El Cerrito, 2021 Source: Map 17(b) of Contra Costa Housing Collaborative AFFH analysis.

Health and Recreation
The Healthy Places Index (HPI) is a new tool that allows local officials to diagnose and change community conditions that affect health outcomes and the wellbeing of residents. The HPI tool was developed by the Public Health Alliance of Southern California to assist in comparing community conditions across the state and combined 25 community characteristics such as housing, education, economic, and social factors into a single indexed HPI Percentile Score, where lower percentiles indicate lower conditions.

Regional Trends
Figure 3-30 shows the HPI percentile score distributions for Contra Costa County. The majority of the county falls in the highest quarter, indicating healthier conditions. These areas have a lower percentage of minority populations and higher median incomes. The reverse is true for cities with the lowest percentile ranking, which indicates less healthy conditions, are Pittsburg, San Pablo, and Richmond. These areas have higher percentages of minority populations and lower median incomes.

Local Trends
Figure 3-31 shows the HPI percentile score distributions for Contra Costa County. Similar to TCAC Opportunity Area Environmental Scores for the city, the majority of El Cerrito is within the highest quartile (75–100) in the Healthy Places Index. Only northwestern and southwestern El Cerrito have slightly lower scores (50–75). Areas with the lowest scores in the HPI are also areas that have the most indicators of potential fair housing issues, as described throughout this Agenda Packet Page 272 of 497
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chapter. These areas have higher percentages of non-White populations, higher percentages of children in femaleheaded households and lowest median gross rents as presented in HUD’s Location Affordability Index discussed later in this chapter. These areas are considered low resource based on composite scores for opportunity areas and are considered sensitive communities vulnerable to displacement. Low composite scores for opportunity areas indicate low opportunity indicators such as employment rates, educational proficiency, proximity to jobs, etc.

Figure 3-30: Healthy Places Index in Contra Costa County Source: Map 18(a) of Contra Costa Housing Collaborative AFFH analysis.

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Figure 3-31: Healthy Places Index in El Cerrito
Source: Map 18(b) of Contra Costa Housing Collaborative AFFH analysis.

3.6 Disproportionate Needs
Disproportionate housing needs generally refers to a condition in which there are significant disparities in the proportion of members of a protected class experiencing a category of housing need when compared to the proportion of members of any other relevant groups, or the total population experiencing that category of housing need in the applicable geographic area. The Comprehensive Housing Affordability Strategy (CHAS) developed by the Census for HUD provides detailed information on housing needs by income level for different types of households in Contra Costa County. Housing problems considered by CHAS include:
• Housing cost burden, including utilities, exceeding 30 percent of gross income; • Severe housing cost burden, including utilities, exceeding 50 percent of gross income; • Overcrowded conditions (housing units with more than one person per room); and • Units with physical defects (lacking complete kitchen or bathroom).

Severe housing problems are defined as households with at least 1 of 4 housing problems: overcrowding, high housing costs, lack of kitchen facilities, or lack of plumbing facilities.

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According to the Contra Costa County AI, a total of 164,994 households (43.90 percent) in the county experience any one of the above housing problems; 85,009 households (22.62 percent) experience severe housing problems. Based on relative percentage, Hispanic households experience the highest rate of housing problems regardless of severity, followed by Black households and ‘Other’ races. Table 3-20 lists the demographics of households with housing problems in the county.

Hispanic and Black residents face particularly severe housing problems. These housing burdens are greatest in portions of Hercules (along with other cities like Richmond, north Richmond, San Pablo, Concord, Martinez, Pittsburg, Antioch, and Oakley).

Table 3-20 Demographics of Households with Housing Problems in Contra Costa County Demographic Total Number of
Households
Households with Housing Problems

Households with Severe Housing Problems

Number Number Percent Number Percent
White 213,302 80,864 37.91% 38,039 17.83%
Black 34,275 19,316 56.36% 10,465 30.53%
Asian/Pacific Islander 51,353 21,640 42.14% 10,447 20.34% Native American 1,211 482 39.80% 203 16.76%
Other 10,355 5,090 49.15% 2,782 26.87%
Hispanic 65,201 37,541 57.58% 23,002 35.28%
Total 375,853 164,994 43.90% 85,009 22.62%
Source: Contra Costa County AI (2020)
There are significant disparities between the rates of housing problems that larger families (households of five or more people) experience and the rates of housing problems that families of five or fewer people experience. Larger families tend to experience housing problems more than smaller families. Non-family households in Contra Costa County experience housing problems at a higher rate than smaller family households, but at a lower rate than larger family households. Table 3-21 lists the number of households with housing problems according to household type.

Table 3-21 Number of Households with Housing Problems by Household Type in Contra Costa County Household Type No. of Households with Housing Problems
Family Households (< 5 people) 85,176
Family Households (> 5 people) 26,035
Non-family Households 53,733
Source: Contra Costa County AI (2020)
Cost Burden
Housing cost burden, or overpayment, is defined as households paying 30 percent or more of their gross income on housing expenses, including rent or mortgage payments and utilities. Renters are more likely to overpay for housing costs than homeowners. Housing cost burden is considered a housing need because households that overpay for housing costs may have difficulty affording other necessary expenses, such as childcare, transportation, and medical costs.

Regional Trends
As presented in Table 3-22, 35.59 percent of all households experience cost burdens. Renters experience cost burdens at higher rates than owners (48.28 percent compared to 28.95 percent).

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Table 3-22 Households that Experience Cost Burden by Tenure in Contra Costa County Total Number of
Households
Cost burden
>30% to < 50%
Cost burden
> 50%
Percentage of Households
that Experience Cost Burden
Owners Only 257,530 44,535 30,010 28.95%
Renters Only 134,750 32,015 33,040 48.28%
All Households 392,275 76,550 63,050 35.59%
Source: https://www.huduser.gov/portal/datasets/cp.html Figure 3-32 shows concentrations of cost burdened renter households in Contra Costa County. As shown in the figure, the highly concentrated areas are around San Pablo, Pittsburg, Antioch, west Brentwood and Oakley, east San Ramon, and northern parts of Concord towards unincorporated areas. In these tracts, over 80 percent of renters experience cost burdens. The majority of east Contra Costa County has 60–80 percent of renter households that experience cost burdens; west Contra Costa County has 20–40 percent of renter households that experience cost burdens. Census tracts with a low percentage of cost-burdened households are located between San Ramon and Martinez on a north-south axis. In these tracts, less than 20 percent of renter households experience cost burdens.

Figure 3-32: Distribution of Percentage of Overpayment by Renters in Contra Costa County Source: Map 19(a) of Contra Costa Housing Collaborative AFFH analysis.

Local Trends
Table 3-23 presents data for households that experience cost burden in El Cerrito by tenure. As shown in the table, almost 34 percent of all households experience cost burden across the city. Renters experience higher rates of cost Agenda Packet Page 276 of 497
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burdens than owners (42.94 percent to 27.65 percent). These patterns are similar to rates of overpayment for renters in the county where 48.28 percent of renters are cost burdened compared to 28.95 percent of homeowners.

Figure 3-33 shows low concentrations (<20 percent) of cost-burdened renter households in northern and central eastern El Cerrito. The rest of the city has moderately high percentages of cost burdened renter households ranging from 20–60 percent. Where cost burden is the highest, economic scores are lowest, median household incomes are lowest, and percent of renter units with HCVs are highest. These areas are also considered sensitive communities vulnerable to displacement according to the UC Berkeley Urban Displacement Project.

Table 3-23 Households that Experience Cost Burden by Tenure in El Cerrito Total Number of
Households

Cost burden
>30% to < 50%
Cost burden
> 50%
Percentage of Households
that Experience Cost Burden
Owners Only 5,895 845 785 27.65%
Renters Only 4,085 925 829 42.94%
All Households 9,980 1,770 1,614 33.91%
Source: https://www.huduser.gov/portal/datasets/cp.html, 2014–2018 Figure 3-33: Distribution of Percentage of Overpayment by Renters in El Cerrito Source: Map 19(b) of Contra Costa Housing Collaborative AFFH analysis.

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Overcrowded Households
In response to a mismatch between household income and housing costs in a community, some households may not be able to buy or rent housing that provides a reasonable level of privacy and space. According to both California and federal standards, a housing unit is considered overcrowded if it is occupied by more than one person per room (excluding kitchens, bathrooms, and halls).

Regional Trends
Figure 3-34 indicates that Contra Costa County in general has low levels of overcrowded households. Tracts in San Pablo, Richmond, and Pittsburg with higher percentages of non-White population show higher concentrations of overcrowded households compared to the rest of the county. Monument Corridor, the only official R/ECAP in Contra Costa County, a predominantly Hispanic community in Concord, also exhibits more overcrowding than other parts of the county.

Figure 3-34: Distribution of Percentage of Overcrowded Households in Contra Costa County Source: Map 20(a) of Contra Costa Housing Collaborative AFFH analysis.

Local Trends
Figure 3-35 shows the distribution of overcrowded households in the city. Almost all census tracts in El Cerrito have less than 8.2 percent of overcrowded households, with the exception of a pocket in the central western area of the city that has 8.2–12 percent of overcrowded households. Where the percentage of overcrowded households is highest, HCV use and the percentage of cost-burdened renter households are also highest. According to ACS 2015- Agenda Packet Page 278 of 497
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2019 5-year estimates, the majority (38.74 percent) of housing units in El Cerrito have 2 bedrooms; 35.75 percent of housing units have 3 bedrooms and 11.25 percent have 4 bedrooms. This may indicate that tracts with higher concentration of overcrowded households have larger family households. Given that tracts with higher concentrations of overcrowded households also correspond to lower median income, it may be that larger households in El Cerrito are unable to afford adequately sized housing for their families even with the use of HCVs.

Figure 3-35: Distribution of Percentage of Overcrowded Households in El Cerrito Source: Map 20(b) of Contra Costa Housing Collaborative AFFH analysis.

Substandard Conditions
High housing costs can often result in households, particularly renters, living in substandard conditions to afford housing. Incomplete plumbing or kitchen facilities can be used to measure substandard housing conditions.

Regional Trends
According to 2015–2019 ACS estimates, shown in Table 3-24, 0.86 percent of households in Contra Costa County lack complete kitchen facilities and 0.39 percent of households lack complete plumbing facilities. Renter households are more likely to lack complete facilities compared to owner households.

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Table 3-24 Substandard Housing Conditions by Tenure in Contra Costa County Owner Renter All Households
Lacking complete kitchen facilities 0.19% 0.67% 0.86%
Lacking complete plumbing facilities 0.19% 0.20% 0.39%
Source: American Community Survey, 2015-2019 (5-Year Estimates) Local Trends
According to 2015–2019 ACS estimates, shown in Table 3-25, substandard housing conditions in El Cerrito follow similar patterns in Contra Costa County, where higher percentages of renter households have substandard housing conditions compared to owner households. El Cerrito has a higher percentage of households lacking complete kitchen and plumbing facilities than the county.

As described in Chapter 2, Housing Needs Assessment, the City’s Neighborhood Preservation Program gathers data on housing conditions through a combination of the City’s Residential Rental Inspection Program and code enforcement activities/complaints. Based on data from 2019, the Neighborhood Preservation Officer estimates that 1 percent of owner-occupied housing units and 10 percent of renter-occupied housing units are in substandard condition. The higher estimate of substandard rental units compared to owner-occupied units is a reflection of the City’s proactive approach to inspecting rental units and reactive code enforcement on owner-occupied units.

Table 3-25 Substandard Housing Conditions by Tenure in El Cerrito Owner Renter All Households
Lacking complete kitchen facilities 0.07% 3.79% 1.59%
Lacking complete plumbing facilities 0.15% 0.46% 0.28%
Source: American Community Survey, 2015-2019 (5-Year Estimates) Housing Choice Vouchers
HCVs are a form of HUD rental subsidy issued to low-income households that promise to pay a certain amount of the household’s rent. Prices, or payment standards, are set based on the rent in the metropolitan area, and voucher households must pay any difference between the rent and the voucher amount. Participants of the HCV program are free to choose any rental housing that meets program requirements Fair housing choice means that individuals and families have the information, opportunity, and options to live where they choose without unlawful discrimination and other barriers related to race, color, religion, sex, familial status, national origin, disability, source of income, or other protected characteristics. Fair housing choice encompasses: (1) actual choice, which means the existence of realistic housing options; (2) protected choice, which means housing that can be accessed without discrimination; and (3) enabled choice, which means realistic access to sufficient information regarding options so that any choice is informed. Households participating in the HCV Program have enabled choice when they are provided with sufficient information regarding their housing options so that any choice is informed.5 An analysis of the trends in HCV concentration can be useful in examining the success of the program in improving the living conditions and quality of life of its holders. One of the objectives of the HCV program is to encourage participants to avoid high-poverty neighborhoods and encourage the recruitment of landlords with rental properties in low-poverty neighborhoods. HCV programs are managed by Public Housing Agencies (PHAs), and the program’s assessment structure (Section Eight Management Assessment Program) includes an “expanding housing opportunities” indicator that shows whether the PHA has adopted and implemented a written policy to encourage participation by owners of units located outside areas of poverty or minority concentration. 5 HCD AFFH Guidance Memo, 2021.

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A study prepared by HUD’s Office of Policy Development and Research found a positive association between the HCV share of occupied housing and neighborhood poverty concentration, and a negative association between rent and neighborhood poverty. This means that HCV use was concentrated in areas of high poverty where rents tend to be lower. In areas where these patterns occur, the program has not succeeded in moving holders out of areas of poverty.

This section will also discuss the Location Affordability Index. The Location Affordability Index, developed by HUD, measures standardized household housing and transportation cost estimates. The Index was developed in collaboration with DOT under the federal Partnership for Sustainable Communities (Partnership). One objective of the Partnership is to increase public access to data on housing, transportation, and land use. Before this Index, there was no standardized national data source on household transportation expenses, which limited the ability of homebuyers and renters to fully account for the cost of living in a particular city or neighborhood.

The prevailing standard of affordability for housing in the United States is paying 30 percent or less of your family’s income on housing, but this fails to account for transportation costs. Transportation costs have grown significantly as a proportion of household income since this standard was established. According to the Bureau of Labor Statistics, in the 1930's American households spent just 8 percent of their income on transportation. Since then, as a substantial proportion of the U.S. population has migrated from center cities to surrounding suburbs and exurbs and come to rely more heavily (or exclusively) on cars, that percentage has steadily increased, peaking at 19.1 percent in 2003. As of 2013, households spent on average about 17 percent of their annual income on transportation, second only to housing costs in terms of budget impact. And for many working-class and rural households, transportation costs exceed housing costs.

El Cerrito City CouncilAugust 16, 2022

El Cerrito City Council
August 16, 2022