El Cerrito City Council
November 1, 2022

AGENDA

REGULAR CITY COUNCIL MEETING
NOVEMBER 1, 2022 – 7:00 p.m.

Members:

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

Council Chambers, 10890 San Pablo Avenue
El Cerrito, CA 94530
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. Via Zoom (Closed captioning available):
https://us06web.zoom.us/j/85498913253?pwd=SmoxNDhDUnJYS2U4Y1dLZmhpdGdIQT09 Dial in: 1-408-638-0968 Meeting ID: 854 9891 3253 Password: 329268 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.

Agenda Packet Page 1 of 141

7:00 P.M. ROLL CALL – CONVENE REGULAR CITY COUNCIL MEETING

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

MOMENT OF SILENCE

2. TELECONFERENCE AND PUBLIC COMMENT INSTRUCTIONS

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

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

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

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

A. Family Court Awareness Month Proclamation
Action Proposed: At the request of Mayor Quinto, approve a proclamation recognizing November 2022 as Family Court Awareness Month in El Cerrito.

Contact: Holly M. Charléty, City Clerk, City Management B. Human Rights in Iran Proclamation
Action Proposed: At the request of Mayor Quinto, approve a proclamation condemning the murder of Mahsa Amini and expressing support of human rights in Iran.

Contact: Holly M. Charléty, City Clerk, City Management C. United Against Hate Week
Action Proposed: Pass a motion to approve a proclamation declaring November 13 - 19, 2022 as United Against Hate Week in the City of El Cerrito.

Agenda Packet Page 2 of 141

Contact: Shannon Bassi, Senior Human Resources Analyst, Human Resources, Human Resources
D. Receive Monthly Disbursement and Check Register Reports for August 2022 and September 2022
Action Proposed: Receive and file the Monthly Disbursement and Check Register Reports for the months of August 2022 and September 2022.

Contact: Sandra Dalida, Finance Director/City Treasurer, Finance Department
E. FY 2022-23 First Quarter Cash and Investment Report
Action Proposed: Receive and file the City's quarterly cash and investment report.

Contact: Sandra Dalida, Finance Director/City Treasurer, Finance Department
F. Environmental Quality Committee Appointment Recommendation Action Proposed: Approve an Environmental Quality Committee recommendation to appoint Fred Bialy to the Environmental Quality Committee, effective November 8, 2022.

Contact: Christina Leard, Management Analyst III, Public Works Department; Will Provost, Operations and Environmental Services Division Manager, Public Works Department; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
G. Letter of Opposition on California Public Utilities Commission (CPUC) Rulemaking 20-08-020
Action Proposed: At the request of Mayor Quinto, pass a motion authorizing the Mayor to sign a letter urging the CPUC to issue a revised proposed decision in the Net Energy Meeting proceeding in order to expand access to distributed solar and storage technologies.

Contact: Holly M. Charléty, City Clerk, City Management H. Temporary Suspension of Advisory Body Pre-Meeting Requirement Action Proposed: Pass a motion authorizing the City Clerk to suspend the pre-meeting requirement adopted by Resolution 2021-55 through the end of Fiscal Year 2022.

Contact: Holly M. Charléty, City Clerk, City Management Agenda Packet Page 3 of 141

I. State Coastal Conservancy Grant Funding for the Hillside Natural Area Fire Resilience and Forest Conservation Management Plan Action Proposed: Adopt a resolution approving the grant of funds in the amount of $145,000 from the State Coastal Conservancy for the Hillside Natural Area Fire Resilience and Forest Conservation Management Plan.

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
J. Consultant Services Agreements for On-Call Transportation Engineering Services
Action Proposed: Adopt a resolution authorizing the City Manager to execute consultant services agreements with four consultant firms, Fehr & Peers, W-Trans, CHS Consulting Group, and TJKM, to provide on-call transportation engineering services for three years with an option to extend for an additional two years in an amount not to exceed $200,000 per fiscal year for each agreement.

Contact: Roland Lambert, Acting Engineering Manager/Senior Engineer, Public Works Department; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
K. General Services Agreement for Maintenance at the El Cerrito Swim Center
Action Proposed: Adopt a resolution rejecting the bid received from USA Management LLC and accepting the other two submitted bids; and authorizing the City Manager to execute an agreement with Two Brother’s Pool and Spa in an annual amount not to exceed $60,000 in Fiscal Year 2022-23 to provide pool maintenance services for a period of three years, with the option to annually extend the contract for three years thereafter, contingent upon funding being appropriated by the City Council in future City budgets.

Contact: Beth Frazer, Recreation Supervisor, Recreation Department; Christopher Jones, Recreation Director, Recreation Department

6. PRESENTATIONS
A. Federal Update from Congressman Desaulnier
Action Proposed: Receive and file a presentation from Congressman Desaulnier regarding federal updates and partnership throughout his Agenda Packet Page 4 of 141

tenure as El Cerrito's federal representative.

Contact: Holly M. Charléty, City Clerk, City Management

7. PUBLIC HEARINGS
A. Fire Hazard Abatement
Exempt from CEQA review pursuant to Sections 15304 and 15308, Notice published 10/22/2022
Action Proposed: 1) Adopt a resolution declaring weeds, rubbish, litter, or other flammable material on certain real property identified in the resolution constitutes a public nuisance; and 2) Conduct a public hearing and upon conclusion, adopt a resolution overriding objections by property owners and ordering the City Manager or their designee to abate certain public nuisances pursuant to El Cerrito Municipal Code Chapter 16.26.

Contact: David Yun, Fire Prevention Officer; Chase Beckman, Fire Marshal, Fire Department
B. 2nd Read and Adoption of Building and Fire Code Ordinance 1st public hearing and reading 10/18/2022; Notice published 10/22/2022 Action Proposed: Conduct a public hearing, and upon conclusion, waive the second reading and adopt Ordinance 2022-03 which adopts the 2022 California Green Code, Administrative, Building, Fire, Plumbing, Mechanical, Electrical, Energy, Residential, Existing Building Code, 2021 International Property Maintenance Code, and Related Construction Codes as applicable to all construction within the City of El Cerrito, with local modifications as outlined in the Ordinance.

Contact: Keith Marks, Building Official; Melanie Mintz, Community Development Director, Community Development Department

8. POLICY MATTERS
A. FY 2022-23 General Fund Budget Quarterly Update through September 2022
Action Proposed: Receive and file an update on City General Fund revenues and expenses for FY 2022-23 through September 2022.

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

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

Agenda Packet Page 5 of 141

10. ADJOURN REGULAR CITY COUNCIL MEETING
The next regularly scheduled City Council meeting is Tuesday, November 15, 2022 at 7:00 p.m.

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

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

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

Agenda Packet Page 6 of 141
Agenda Item No. 5.A.

EL CERRITO CITY COUNCIL PROCLAMATION
Recognizing November as Family Court Awareness Month in the City of El Cerrito WHEREAS, the mission of the Family Court Awareness Month Committee (FCAMC) is to increase awareness on the importance of a family court system that prioritizes child safety and acts in the best interest of children; and WHEREAS, the mission at the FCAMC is fueled by the desire to create awareness and change in the family court system for the conservatively estimated, 58,000 children a year ordered into unsupervised contact with abusive parents, while honoring the hundreds of children who have been reported as murdered during visitation with a dangerous parent; and
WHEREAS, the mission of the FCAMC is to increase awareness on the importance of empirically-based education and training on domestic violence and child abuse, including emotional, psychological, physical, and sexual abuse, as well as childhood trauma, coercive control, and post separation abuse for judges and all professionals working on cases within the family court system; and WHEREAS, the mission of the FCAMC is to increase awareness on the importance of using scientifically valid, evidence-based, treatment programs and services that are proven in terms of safety, effectiveness, and therapeutic value; and WHEREAS, the mission at the FCAMC is to educate judges and other family court professionals on evidence-based, peer-reviewed research. Such research is a critical component to making decisions that are truly in the best interest of children. This research includes The Adverse Childhood Experiences (ACEs) Study (co-principal investigator:

Vincent Felitti, Kaiser Permanente-CDC); Child Custody Evaluators’ Beliefs About Domestic Abuse Allegations (principal investigator: Daniel Saunders, University of Michigan, sponsored by the National Institute of Justice); and Child Custody Outcomes in Cases Involving Parental Alienation and Abuse Allegations (principal investigator: Joan S. Meier, GW Law School, sponsored by the National Institute of Justice).

NOW, THEREFORE, the City Council of the City of El Cerrito does hereby declare the month of November to be Family Court Awareness Month and encourage all residents to support their local communities' efforts to prevent the harm of children in the hands of family members and to honor and value the lives of children.

Dated: November 1, 2022
__________________________
Gabe Quinto, Mayor
Agenda Packet Page 7 of 141
Agenda Item No. 5.B.

EL CERRITO CITY COUNCIL PROCLAMATION
In Support of Human Rights in Iran Including the Immediate Cessation of Abuses on the Demonstrators in Iran and the Immediate Release of Political Prisoners in Iran, and a Free Secular Democratic Republic of Iran
WHEREAS, women in Iran are systematically subject to an apartheid state with much harsher restrictions than men; and
WHEREAS, women are our mothers, our sisters, our daughters; and WHEREAS, many individuals have been imprisoned, tortured, and executed for being defenders of human rights by the Islamic Republic of Iran; and WHEREAS, women in Iran continue to face laws that restrict rights over their bodies and the ability to think for themselves, and denied the same opportunities as men in relation to marriage, divorce, child custody, inheritance, and travel; and WHEREAS, protests erupted across Iran after Mahsa Amini, a 22-year-old Iranian Kurdish woman, was pronounced dead on September 16. She fell into a coma shortly after she was detained by the morality police for allegedly not complying with the regime’s strict hijab rules in Tehran on September 13; and
WHEREAS, Ms. Nasrin Sotoudeh, a renowned civil rights lawyer and advocate for human rights, including rights of women, minorities, and youth despite systemic oppression in her home country of the Islamic Republic of Iran, is currently serving a 38 year prison sentence with 148 lashes; and
WHEREAS, the City of El Cerrito affirms its support of human rights in Iran, including equal rights for women, the LGBTQIA community, and minorities and the end of apartheid against women and targeted religious, nonreligious, and cultural minorities.

NOW, THEREFORE, the City Council of the City of El Cerrito does hereby condemn the brutal murder of Mahsa Amini and ask for the immediate cessation of human rights abuses against the Iranian people, and also ask for a free, secular, democratic republic of Iran where everyone can live freely and prosper regardless of their gender, sexual orientation, beliefs, and religion.

Dated: November 1, 2022
__________________________
Gabe Quinto, Mayor
Agenda Packet Page 8 of 141
Agenda Item No. 5.C.

EL CERRITO CITY COUNCIL PROCLAMATION
Designating November 13, 2022 – November 19, 2022, as
“United Against Hate Week”
WHEREAS, the United States is a nation of immigrants, whose strength comes from its diversity; and
WHEREAS, the Constitution enshrines equality on all individuals, regardless of race, gender, orientation, religion, or political views; and WHEREAS, recent federal policies and rhetoric have generated a toxic environment that encourages the propagation of racist, xenophobic, sexist, homophobic, antisemitic, Islamaphobic, and other bigoted views by emboldened hate groups and individuals; and
WHEREAS, deep divisions within our country allow for the festering of extreme ideology, further strengthening a cycle of mistrust and suspicion fueled by fear, anxiety, and insecurity; and
WHEREAS, the number of hate crimes across the United States has increased dramatically over the past few years; and
WHEREAS, white nationalist groups have held violent rallies in cities across the country, instilling fear across many diverse communities; and WHEREAS, the City of El Cerrito is deeply committed to inclusivity; and WHEREAS, the City of El Cerrito was declared a Sanctuary City on March 21, 2017 further affirming the City’s commitment to the values of dignity, inclusivity, and respect for all individuals regardless of ethnic or national origin, gender identity, race, religious affiliation, sexual orientation, age, disability, or immigration status; and WHEREAS, the community launched a Stop Hate Together campaign to further state our shared values and reiterate our commitment to inclusivity; and WHEREAS, education, compassion, and cooperation are key to understanding and embracing differences between people; and
WHEREAS, sponsoring a United Against Hate Week is an important step in bridging divisions and healing communities.

NOW THEREFORE, the City Council of the City of El Cerrito does hereby declare the week of November 13 2022 through November 19, 2022 as United Against Hate Week in the City of El Cerrito.

Dated: November 1, 2022
_____________________
Gabe Quinto, Mayor
Agenda Packet Page 9 of 141

AGENDA BILL
Agenda Item No. 5.D.

Date: November 1, 2022
To: El Cerrito City Council
From: Sandra Dalida, Finance Director/City Treasurer, Finance Department Subject: Receive Monthly Disbursement and Check Register Reports for August 2022 and September 2022

ACTION PROPOSED
Receive and file the Monthly Disbursement and Check Register Reports for the months of August 2022 and September 2022.

BACKGROUND/ANALYSIS
California Government Code, Title 4. Government of Cities, Division 3, Part 3, Chapter 3, Section 41004 states, “Regularly, at least once each month, the city treasurer shall submit to the city clerk a written report and accounting of all receipts, disbursements, and fund balances. The city treasurer shall file a copy with the legislative body." In addition, the City's Comprehensive Financial Policy, Item 5.1 Accounting Standards indicates the City's accounting and financial reporting systems shall be maintained in conformance with all state and federal laws.
 Month ending August 31, 2022, reflecting Accounts Payable General Warrant Nos. 83810 through 84163, ACH/EFT Nos. 2299 through 2303, and 611 payrollrelated checks and EFTs for a grand total of $5,575,933.44.  Month ending September 30, 2022, reflecting Accounts Payable General Warrant Nos. 84164 through 84305, ACH/EFT Nos. 2304 through 2320, and 532 payrollrelated checks and EFTs for a grand total of $3,075,235.36.

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

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

FINANCIAL CONSIDERATIONS
There is no fiscal impact associated with acceptance of the Monthly Disbursement and Agenda Packet Page 10 of 141
Agenda Item No. 5.D.

Check Register Reports for the months of August 2022 and September 2022.

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

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Attachment A - Aug 2022 Payment Register

2. Attachment B - Sept 2022 Payment Register
Agenda Packet Page 11 of 141
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name Description Transaction Amount Check
83810 08/04/2022 Open ALAMEDA COUNTY FIRE DEPARTMENT OES PUMP TEST $680.00 83811 08/04/2022 Open ANCHOR ENGINEERING,, INC. ENGINEERING SERVICES $6,825.00 83812 08/04/2022 Open ANCHOR ENGINEERING,, INC. ENGINEERING SERVICES $3,412.50 83813 08/04/2022 Open ASCENT ENVIRONMENT, INC. STAFFING SUPPORT $370.60 83814 08/04/2022 Open AT&T INTERNET SERVICES $2,012.69
83815 08/04/2022 Open AVILA PROJECT MANAGEMENT SLURRY SEAL PROJECT MGMT $14,802.50 83816 08/04/2022 Open BELSON OUTDOORS MEMORIAL BENCH $2,034.11 83817 08/04/2022 Open BERLITZ LANGUAGES, INC. TESTING SERVICES $130.00 83818 08/04/2022 Open BERTRAND, FOX, ELLIOT, OSMAN & WENZEL LEGAL SERVICES $9,718.50 83819 08/04/2022 Open BKF ENGINEERS ENGINEERING SERVICES $11,758.75 83820 08/04/2022 Open BSK Associates PAVEMENT CORING $15,400.52 83821 08/04/2022 Open CA DEPT.OF TRANSPORTATION TOD IMPROVEMENT PROJECT $5,305.27 83822 08/04/2022 Open CCCSO LAW ENFORCEMENT TRAINING POLCIE ACADEMY $8,770.00 83823 08/04/2022 Open CERRITO PRINTING PRINTING SERVICES $773.96 83824 08/04/2022 Open CHAND, NIRAJAN TRAINING AND MILEAGE $1,012.66 83825 08/04/2022 Open CINTAS CORPORATION #054 UNIFORMS UNIFORMS $182.03 83826 08/04/2022 Open CORODATA SHREDDING INC. SHREDDING SERVICES $258.30 83827 08/04/2022 Open CSW-STUBER-STROEH ENGINEERING GROUP INC ENGINEERING DESIGN SERVICES $36,986.79 83828 08/04/2022 Open FJ&I ENGINEERING, INC. ENGINEERING SERVICES STORM DRAIN $10,900.00 83829 08/04/2022 Open HONEYWELL INTERNATIONAL, INC. SATELLITE PHONES $135.00 83830 08/04/2022 Open KAISER PERMANENTE NEW HIRE PHYSICALS $1,768.00 83831 08/04/2022 Open KARKI, KAVI TRAINING AND MILEAGE $1,196.78 83832 08/04/2022 Open KNORR SYSTEMS, INC. SWIM CENTER MTNCE AND CHEMICALS $8,798.52 83833 08/04/2022 Open L.N. CURTIS & SONS UNIFORMS $143.33 83834 08/04/2022 Open LEAGUE OF CALIF.CITIES RECRUITMENT ADVERTISEMENTS $600.00 83835 08/04/2022 Open LETCHER BROS. AUTO REPAIR INC. AUTO SERVICE AND REPAIRS $3,411.54 83836 08/04/2022 Open MEYERS NAVE LEGAL SERVICES $0.01
83837 08/04/2022 Open MUNICIPAL POOLING AUTHORITY INSURANCE COVERAGE $7,106.50 83838 08/04/2022 Open NINYO & MOORE STORM DRAIN EVALUATIONS $10,486.24 83839 08/04/2022 Open OFFICE DEPOT OFFICE SUPPLIES $2,646.76 83840 08/04/2022 Open PARK ENGINEERING, INC. SLURRY SEAL PROJECT MGMT $9,232.14 83841 08/04/2022 Open PREFERRED ALLIANCE, INC. DRUG TESTING SERVICES $42.00 83842 08/04/2022 Open R3 CONSULTING GROUP ORDINANCE ADOPTION & IMPLE $2,120.00 83843 08/04/2022 Open REPUBLIC SERVICES, INC. REFUSE SERVICES $446.44 83844 08/04/2022 Open ROSTAD*KIKI ART CAMP - RECREATION DEPT $969.60 83845 08/04/2022 Open SPEED OIL CHANGE AUTO SERVICE AND REPAIRS $47.28 83846 08/04/2022 Open VERIZON WIRELESS MOBILE WIRELESS SERVICES $3,576.18 83847 08/04/2022 Open WEST COAST ARBORISTS, INC. TREE REMOVAL $12,300.00 83848 08/04/2022 Open Accounts Payable ZHAO, ZITIAN TRAINING AND MILEAGE $809.16 Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
AP Check - Accounts Payable Checking Account
Accounts Payable
Accounts Payable
Payment Register
From Payment Date: 8/1/2022 - To Payment Date: 8/31/2022 Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable

Attachment A: Aug 2022 Payment Register
Agenda Packet Page 12 of 141
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name Description Transaction Amount Payment Register
From Payment Date: 8/1/2022 - To Payment Date: 8/31/2022 83849 08/04/2022 Open ZOON ENGINEERING, INC. ENGINEERING SVCS - STREET IMPVMT $20,845.00 83850 08/04/2022 Open APB GENERAL ENGINEERING DEPOSIT REFUND - PUBLIC WORKS $3,294.00 83851 08/04/2022 Open AT&T DEPOSIT REFUND - PUBLIC WORKS $697.00 83852 08/04/2022 Open ECONOMY ROOTER AND PLUMBING DEPOSIT REFUND - PUBLIC WORKS $1,730.00 83853 08/04/2022 Voided Wrong Vendor 08/29/2022 EVERETT PLUMBING & HEATING DEPOSIT REFUND - PUBLIC WORKS $1,730.00 83854 08/04/2022 Open GENERAL DRAINWORKS, INC. DEPOSIT REFUND - PUBLIC WORKS $1,647.00 83855 08/04/2022 Open JIMENEZ, JAMES DEPOSIT REFUND - PUBLIC WORKS $732.00 83856 08/04/2022 Open L. S. CONSTRUCTION DEPOSIT REFUND - PUBLIC WORKS $1,647.00 83857 08/04/2022 Open PEREZ, EUCEBIO CALMO DEPOSIT REFUND - PUBLIC WORKS $1,730.00 83858 08/04/2022 Open PG&E - OAKLAND OFC DEPOSIT REFUND - PUBLIC WORKS $4,806.00 83859 08/04/2022 Open SEWER CONNECTION DEPOSIT REFUND - PUBLIC WORKS $3,159.00 83860 08/04/2022 Open SEWER MASTER DEPOSIT REFUND - PUBLIC WORKS $1,647.00 83861 08/04/2022 Open Sewer Works, Inc. DEPOSIT REFUND - PUBLIC WORKS $1,730.00 83862 08/04/2022 Open TERRA NOVA ENGINEERING INC DEPOSIT REFUND - PUBLIC WORKS $6,671.00 83863 08/04/2022 Open THE PLUMBING MINISTRY DEPOSIT REFUND - PUBLIC WORKS $1,647.00 83864 08/04/2022 Open BROSAS, DONOVAN MEALS - OVER TIME JAN 22 - JUNE 22 $160.00 83865 08/04/2022 Open Ceja, Veronica MEALS - OVER TIME JAN 22 - JUNE 22 $130.00 83866 08/04/2022 Open Chan , Stephanie MEALS - OVER TIME JAN 22 - JUNE 22 $30.00 83867 08/04/2022 Open CLIATT, SCOTT MEALS - OVER TIME JAN 22 - JUNE 22 $120.00 83868 08/04/2022 Open Conner, Mark MEALS - OVER TIME JAN 22 - JUNE 22 $110.00 83869 08/04/2022 Open COOPER, PAUL MEALS - OVER TIME JAN 22 - JUNE 22 $110.00 83870 08/04/2022 Open ELDER, BRIAN MEALS - OVER TIME JAN 22 - JUNE 22 $80.00 83871 08/04/2022 Open ELLIOTT, MARIELLE MEALS - OVER TIME JAN 22 - JUNE 22 $10.00 83872 08/04/2022 Open HASHIMOTO, KENNETH, J. MEALS - OVER TIME JAN 22 - JUNE 22 $150.00 83873 08/04/2022 Open Hernandez, Danielle MEALS - OVER TIME JAN 22 - JUNE 22 $150.00 83874 08/04/2022 Open HUBBS, SIDNEY MEALS - OVER TIME JAN 22 - JUNE 22 $130.00 83875 08/04/2022 Open LEONE*AARON MEALS - OVER TIME JAN 22 - JUNE 22 $160.00 83876 08/04/2022 Open LY, SON MEALS - OVER TIME JAN 22 - JUNE 22 $110.00 83877 08/04/2022 Open Olivieri, Michael MEALS - OVER TIME JAN 22 - JUNE 22 $120.00 83878 08/04/2022 Open Perales, Eddie MEALS - OVER TIME JAN 22 - JUNE 22 $240.00 83879 08/04/2022 Open Rivera, Humberto MEALS - OVER TIME JAN 22 - JUNE 22 $210.00 83880 08/04/2022 Open RYDER, GODSON MEALS - OVER TIME JAN 22 - JUNE 22 $40.00 83881 08/04/2022 Open TANG, GILBERT MEALS - OVER TIME JAN 22 - JUNE 22 $550.00 83882 08/04/2022 Open TRAC, RYAN, L. MEALS - OVER TIME JAN 22 - JUNE 22 $230.00 83883 08/04/2022 Open VAZQUEZ-AVALOS, SERGIO MEALS - OVER TIME JAN 22 - JUNE 22 $10.00 83884 08/04/2022 Open WAHRLICH, JOHN-TRACY MEALS - OVER TIME JAN 22 - JUNE 22 $180.00 83885 08/04/2022 Open WARE, STEPHANIE MEALS - OVER TIME JAN 22 - JUNE 22 $100.00 83886 08/04/2022 Open WENTWORTH*DAVID MEALS - OVER TIME JAN 22 - JUNE 22 $120.00 83887 08/04/2022 Open WHITNEY, JOHN MEALS - OVER TIME JAN 22 - JUNE 22 $150.00 83888 08/04/2022 Open WRIGHT, CLAUDIA MEALS - OVER TIME JAN 22 - JUNE 22 $70.00 83889 08/04/2022 Open WRIGHT, ROBERT MEALS - OVER TIME JAN 22 - JUNE 22 $220.00 Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable

Agenda Packet Page 13 of 141
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name Description Transaction Amount Payment Register
From Payment Date: 8/1/2022 - To Payment Date: 8/31/2022 83890 08/04/2022 Open MEYERS NAVE LEGAL SERVICES $33,828.90 83891 08/04/2022 Open IMS Alliance PASSPORT TAGS $15.60 83892 08/04/2022 Open Amazon Capital Services, Inc. OFFICE SUPPLIES $68.16 83893 08/04/2022 Open AMERICAN MECHANICAL SERVICES, INC. HVAC - CITY HALL $739.79 83894 08/04/2022 Open ARMOUR PETROLEUM SVC & EQUIPT UST INSPECTION $185.00 83895 08/04/2022 Open ART P.E., JAMES E. FIRE PROTECTION ENGINEER SERVICES $611.00 83896 08/04/2022 Open BOUNDTREE MEDICAL LLC MEDICAL SUPPLIES $488.78 83897 08/04/2022 Open CALIFORNIA HIGHWAY CONSTRUCTION GROUP, INC. RETENTION RELEASE $22,590.48 83898 08/04/2022 Open CI TECHNOLOGIES, INC. BLUE TEAM $1,872.72 83899 08/04/2022 Open CINTAS CORPORATION #054 UNIFORMS UNIFORMS $176.74 83900 08/04/2022 Open COMCAST xFINITY PACKAGE MONTHLY SVC JULY/AUG $90.00 83901 08/04/2022 Open EAST BAY TIMES PUBLICATION SUBSCRIP 24 WKS - ST A71-24 $667.10 83902 08/04/2022 Open FRIEDMAN, NORM SPORTS CAMP - RECREATION DEPT $8,214.30 83903 08/04/2022 Open GILMAN STREET PRESS PRINTING SERVICES - BUSINESS CARDS $83.06 83904 08/04/2022 Open HUNT & SONS, INC. FUEL $2,945.31
83905 08/04/2022 Open INTREPID ELECTRONIC SYSTEMS ANNUAL FIRE ALARM/SPRINKLER INSPEC $449.00 83906 08/04/2022 Open Johnson Controls Security Solutions ALARM SERVICES - CITY HALL $429.79 83907 08/04/2022 Open KENNEDY AND ASSOCIATES MAPPING - ANNUAL REPORT $227.00 83908 08/04/2022 Open L.N. CURTIS & SONS UNIFORMS AND BALISTIC VESTS $3,418.42 83909 08/04/2022 Open MCNEELY, DOUGLAS CIRCUS CAMP - RECREATION DEPT $2,511.00 83910 08/04/2022 Open MORTON II YOUTH SPORTS TENNIS CAMP - RECREATION DEPT $3,157.80 83911 08/04/2022 Open OFFICE DEPOT OFFICE SUPPLIES $146.93 83912 08/04/2022 Open OLIVERO PLUMBING PLUMBING SERVICES $169.37 83913 08/04/2022 Open PASTIME HARDWARE REPAIR SUPPLIES $61.70 83914 08/04/2022 Open PETERSON TRUCKS, INC. AUTO SERVICE AND REPAIRS $839.05 83915 08/04/2022 Open RICOH USA, INC EQUIPMENT LEASE $1,524.76 83916 08/04/2022 Open ROSTAD*KIKI CAMP - RECREATION DEPT $950.40 83917 08/04/2022 Open SAFE RESTRINTS INC. SUPPLIES $1,495.37 83918 08/04/2022 Open Schlanger, April, Adair ANIMAL FANTASY - RECREATION DEPT $1,651.20 83919 08/04/2022 Open Shababo, Tracey , Elise CAMP - RECREATION DEPT $2,328.00 83920 08/04/2022 Open SHI - GOVERNMENT SOLUTIONS, INC. eTRACKiT SOFTWARE $14,430.64 83921 08/04/2022 Open SIMPSON INVESTIGATIVE SERVICES GROUP BACKGROUND CHECK $1,713.75 83922 08/04/2022 Open SINGLE CYLINDER REPAIR SUPPLIES $4.34 83923 08/04/2022 Open SPEED OIL CHANGE AUTO SERVICE AND REPAIRS $52.99 83924 08/04/2022 Open STERICYCLE, INC. MEDICAL WASTE SERVICES $723.53 83925 08/09/2022 Open ALEXANDER, MATHEW REIMBURSEMENT - DMV PHYSICAL $115.00 83926 08/09/2022 Open Amazon Capital Services, Inc. OFFICE SUPPLIES AND PRINTER $595.29 83927 08/09/2022 Open ARFA, MEDHI REFUND - PUBLIC WORKS $6,740.92 83928 08/09/2022 Open ARMOUR PETROLEUM SVC & EQUIPT SERVICE CALL $515.40 83929 08/09/2022 Open BAY AREA BARRICADE BARRICADES AND TRAFFIC CONES $4,625.54 83930 08/09/2022 Open CAL-SLA/COUNTY OF MARIN ASSOCIATION DUES - STREET LIGHT $945.00 Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable

Agenda Packet Page 14 of 141
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name Description Transaction Amount Payment Register
From Payment Date: 8/1/2022 - To Payment Date: 8/31/2022 83931 08/09/2022 Open CALIFORNIA BUILDING OFFICIALS TRAINING $2,595.00 83932 08/09/2022 Open CINTAS CORPORATION #054 UNIFORMS UNIFORMS $254.27 83933 08/09/2022 Open DELL MARKETING L.P. HW MAINTENANCE RENEWAL $15,662.94 83934 08/09/2022 Open DICKINSON FLEET SERVICES, LLC AUTO SERVICE AND REPAIRS $1,440.00 83935 08/09/2022 Open DIG SAFE BOARD STATE FEES $4,933.62 83936 08/09/2022 Open EAST BAY BLUE PRINT & SUPPLY EQUIPMENT LEASE $194.44 83937 08/09/2022 Open FRIEDMAN, NORM SPORTS CAMP - RECREATION DEPT $12,805.20 83938 08/09/2022 Open FUJIWARA, PATTY POTTERY - RECREATION DEPT $432.00 83939 08/09/2022 Open GARCIA, LAURA ART CAMP - RECREATION DEPT $2,583.00 83940 08/09/2022 Open HILLYARD SUPPLIES - CUSTODIAL $655.90 83941 08/09/2022 Open Honey Bucket PORTA-POTTY RENTAL $221.05 83942 08/09/2022 Open HUNT & SONS, INC. FUEL $18,492.14 83943 08/09/2022 Open J & O' s COMMERCIAL TIRE CENTER AUTO SERVICE AND REPAIRS $4,346.38 83944 08/09/2022 Open JOB FINDERS INC. PERMIT $378.06
83945 08/09/2022 Open Kathryn Rile POTTERY - RECREATION DEPT $120.00 83946 08/09/2022 Open KI RESEARCH INSTITUTE AIKIDO - RECREATION DEPT $330.00 83947 08/09/2022 Open KINSEY, KATHRYNE ANN EMPLOYEE EXPENSE REIMBURSEMENT $96.00 83948 08/09/2022 Open KNORR SYSTEMS, INC. SWIM CENTER MTNCE AND CHEMICALS $7,198.40 83949 08/09/2022 Open L.N. CURTIS & SONS SHIELDS $66.05 83950 08/09/2022 Open LAURENTEEN BRAZIL - RECYCLING PETTY CASH PETTY CASH REPLENISHMENT $81.44 83951 08/09/2022 Open MANAGEMENT PARTNERS INCORP. CONSULTING SERVICES - FINANCE $536.25 83952 08/09/2022 Open Microsoft Corporation SOFTWARE LICENSES/SUBSCRIPTIONS $16,350.00 83953 08/09/2022 Voided Wrong Amount 08/09/2022 MUNICIPAL POOLING AUTHORITY INSURANCE - WORKERS COMP ANNUAL $431,028.00 83954 08/09/2022 Open NODAL, EDWARD EMPLOYEE EXPENSE REIMBURSEMENT $45.00 83955 08/09/2022 Open PLAY-WELL TEKNOLOGIES LEGO CAMP - RECREATION DEPT $5,100.00 83956 08/09/2022 Open PLAZA AUTO SERVICE INC AUTO SERVICE AND REPAIRS $138.04 83957 08/09/2022 Open PREMIER GRAPHICS BANNER $132.30
83958 08/09/2022 Open PUBLIC SAFETY FAMILY COUNSELING GROUP, INC. COUNSELING SERVICES $6,000.00 83959 08/09/2022 Open ROADPOST USA, INC. SATELLITE PHONES $119.48 83960 08/09/2022 Open ROSTAD*KIKI ART CAMP - RECREATION DEPT $1,065.60 83961 08/09/2022 Open Schlanger, April, Adair CAMP - RECREATION DEPT $2,601.60 83962 08/09/2022 Open Shababo, Tracey , Elise CAMP - RECREATION DEPT $2,124.00 83963 08/09/2022 Open SHAHKAR, MEHRAN EXERCISE CAMP - RECREATION DEPT $336.00 83964 08/09/2022 Open STAILING S&S RV REPAIRS TECHNOLOGY SVCS - MODEM/RADIO INSTALL $1,350.00 83965 08/09/2022 Open STAPLES ADVANTAGE OFFICE SUPPLIES $788.43 83966 08/09/2022 Open STERICYCLE, INC. MEDICAL WASTE SERVICES $165.44 83967 08/09/2022 Open TOYOTA MATERIAL HANDLING NC EQUIPMENT MAINTENANCE $1,308.08 83968 08/09/2022 Open TWO BROTHERS POOL & SPA POOL MAINTENANCE SERVICES $3,326.71 83969 08/09/2022 Open UNIVERSAL BUILDING SERVICE BUILDING SUPPLIES $460.90 83970 08/09/2022 Open WEST COAST ARBORISTS, INC. TREE REMOVAL $2,312.10 83971 08/09/2022 Open Accounts Payable 4LEAF, INC. ENGINEERING SERVICES $61,717.80 Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable

Agenda Packet Page 15 of 141
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name Description Transaction Amount Payment Register
From Payment Date: 8/1/2022 - To Payment Date: 8/31/2022 83972 08/09/2022 Open Amazon Capital Services, Inc. OFFICE SUPPLIES $22.55 83973 08/09/2022 Open Badawi & Associates AUDITING SERVICES - FY 2020-21 AUDIT $5,426.00 83974 08/09/2022 Open BAY AREA BARRICADE SIGNAGE $3,197.25 83975 08/09/2022 Open CSW-STUBER-STROEH ENGINEERING GROUP INC DESIGN SERVICES $29,773.42 83976 08/09/2022 Open DATA TICKET, INC. CODE ENFORCEMENT PROCESSING FEES $200.00 83977 08/09/2022 Open FIRE SAFETY CLEARING FIRE PREVENTION SERVICES $5,000.00 83978 08/09/2022 Open GOLDEN BEAR TRANSFER STATION SOLID WASTE SERVICES SWEEP SPOILS $696.59 83979 08/09/2022 Open JONES, HIROMI YOGA CAMP - RECREATION DEPT $168.00 83980 08/09/2022 Open MUNICIPAL POOLING AUTHORITY INSURANCE PREMIUM $1,836.39 83981 08/09/2022 Open PAYMENTUS CORPORATION PROCESSING FEES $2,520.18 83982 08/09/2022 Open PG&E UTILITIES $26,441.96
83983 08/09/2022 Open RAMOS, STEPHANIE, R ZUMBA - RECREATION DEPT $2,939.10 83984 08/09/2022 Open RUIZ, JOE X-FIT/NINJA CAMP - RECREATION DEPT $16,736.40 83985 08/09/2022 Open SSP DATA PRODUCTS eMAIL SECURITY SOFTWARE $12,250.00 83986 08/09/2022 Open WEST COUNTY SUBREGIONAL TRANSP MITIG PRG DEVELOPMENT FEES $17,647.09 83987 08/12/2022 Open CALPERS LONG TERM CARE PROGRAM LT CARE INSURANCE $31.69 83988 08/12/2022 Open FRANCHISE TAX BOARD GARNISHMENT $1,380.00 83989 08/12/2022 Open HEALTH CARE DENTAL TRUST DENTAL $17,601.25 83990 08/12/2022 Open IAFF LOCAL 1230 DUES LOCAL 1230 $4,972.08 83991 08/12/2022 Open KAISER FOUNDATION HEALTH PLAN HEALTH PLAN $209,996.05 83992 08/12/2022 Open LEGALSHIELD LEGAL SERVICES $182.40 83993 08/12/2022 Open MUNICIPAL POOLING AUTHORITY INSURANCE - SUPPLEMENTAL LIFE $11,126.13 83994 08/12/2022 Open NATIONWIDE TRUST COMPANY, FSB FIRE HEALTH SAVINGS ACCOUNT $9,600.00 83995 08/12/2022 Open SEIU LOCAL 1021 VOLUNTARY COPE DEDUCTION $1,805.44 83996 08/12/2022 Open SUTTER HEALTH PLUS HEALTH PLAN EE COST $40,771.90 83997 08/12/2022 Open U.S. Bank PUBLIC AGENCY RETIREMENT SVCS (PARS) $5,364.75 83998 08/09/2022 Open MEYERS NAVE LEGAL SERVICES $12,267.40 83999 08/09/2022 Open MEYERS NAVE LEGAL SERVICES $30,822.60 84000 08/09/2022 Open MEYERS NAVE LEGAL SERVICES $21,326.45 84001 08/09/2022 Open MUNICIPAL POOLING AUTHORITY INSURANCE - ANNUAL RENEWAL $1,616,141.00 84002 08/11/2022 Open TIM JUNG INVESTIGATIONS BACKGROUND CHECK $2,000.00 84003 08/11/2022 Open DELATORRE, JOSE REIMBURSEMENT - CAR RENTAL $391.38 84004 08/11/2022 Open BALTZ, LEONARD KARATE - RECREATION DEPT $1,375.20 84005 08/11/2022 Open BLACK, MEI-YU WATERCOLOR - RECREATION DEPT $204.00 84006 08/11/2022 Open CONTRA COSTA COUNTY LAW & JUSTICE SYSTEMS AUTOMATED WARRANT SYS FY21-22 COST $2,165.75 84007 08/11/2022 Open EBMUD UTILITIES $17,297.16
84008 08/11/2022 Open EDUCATION TO GO TRAINING COURSE FEES $273.00 84009 08/11/2022 Open FORENSIC SERVICES DIVISION BLOOD DRAWS $314.58 84010 08/11/2022 Open FORENSIC SERVICES DIVISION DNA/FINGER PRINTING TESTING $4,800.00 84011 08/11/2022 Open JOHNSON, NINA REIMBURSEMENT - POSTAGE $46.40 84012 08/11/2022 Open KNORR SYSTEMS, INC. SWIM CENTER MTNCE AND CHEMICALS $847.44 Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable

Agenda Packet Page 16 of 141
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name Description Transaction Amount Payment Register
From Payment Date: 8/1/2022 - To Payment Date: 8/31/2022 84013 08/11/2022 Open KREISBERG LAW FIRM LEGAL SERVICES $520.00 84014 08/11/2022 Open MUNICIPAL POOLING AUTHORITY MEDICARE TAX $199.78 84015 08/11/2022 Open PREFERRED ALLIANCE, INC. PRE-EMPLOYMENT DRUG SCREENING $126.00 84016 08/11/2022 Open Progressive Solutions , Inc. RENTAL REGISTRY $500.00 84017 08/11/2022 Open STATE OF CA DEPT OF JUSTICE LIVE SCAN SERVICES $2,383.00 84018 08/11/2022 Open T-MOBILE INVESTIGATION FEE $75.00 84019 08/11/2022 Open TRB AND ASSOCIATES, INC. INSPECTION/PERMIT SERVCIES $4,464.80 84020 08/11/2022 Open A.S.C. BERKELELY INC. DBA ALL SEASONS CONST. PLAN REVIEW $192.00 84021 08/11/2022 Open A1 SUN INC. ENERGY STORAGE/SOLAR PANEL REFUND $780.00 84022 08/11/2022 Open ABAG GENERAL ASSEMBLY MEMBERSHIP DUES $6,870.00 84023 08/11/2022 Open Amazon Capital Services, Inc. OFFICE SUPPLIES & SHREDDER $1,009.13 84024 08/11/2022 Open ART P.E., JAMES E. ALARM SERVICES $1,171.00 84025 08/11/2022 Open AT&T INTERNET SERVICES $312.29
84026 08/11/2022 Open Badge Frame , Inc. SIGNAGE $120.12 84027 08/11/2022 Open BAY ALARM COMPANY ALARM SERVICES $348.75 84028 08/11/2022 Open BAY AREA BARRICADE SIGNAGE - CROSSWALKS $2,732.38 84029 08/11/2022 Open BAY AREA NEWS GROUP EASTBAY PUBLIC HEARINGS $284.40 84030 08/11/2022 Open BLACK, MEI-YU WATERCOLOR - RECREATION DEPT $258.00 84031 08/11/2022 Open CINTAS CORPORATION #054 UNIFORMS UTILITIES $176.74 84032 08/11/2022 Open CORT, TERRY REIMBURSEMENTS - WINDSCREENS $779.04 84033 08/11/2022 Open CPRS DUES $555.00
84034 08/11/2022 Open CRIME SCENE CLEANERS, INC. CLEANING SERVICES - AUTO/BOOKING $178.00 84035 08/11/2022 Open CYGANY, INC SUPPLIES - DOG BAGS FOR PARKS $320.00 84036 08/11/2022 Open DIABLO BOWLING & TROPHIES NAME BADGE - COUNCIL MEMBER $17.06 84037 08/11/2022 Open DOGFATHER K9 CONNECTIONS K-9 BOARDING $354.00 84038 08/11/2022 Open DON'S TIRE SERVICE, INC. AUTO SERVICE AND REPAIRS $1,264.56 84039 08/11/2022 Open DUNNIGAN PSYCH & THREAT ASSESSMENTS PSYC EVALUATION $600.00 84040 08/11/2022 Open ENGBERG, GERI CAMP - RECREATION DEPT $1,728.00 84041 08/11/2022 Open FIRE INFORMATION SUPPORT SVCS RMS UPDATES - SUPPORT SERVICES $1,200.00 84042 08/11/2022 Open FRIEDMAN, NORM CAMP - RECREATION DEPT $20,570.22 84043 08/11/2022 Open GRAND PRIX CAR WASH AUTO SERVICE AND REPAIRS $18.99 84044 08/11/2022 Open GREEN AIR HEATING AND AIR CONDITIONING SOLAR PANEL REFUND $412.00 84045 08/11/2022 Open HI-TECH INC. GAS SHOCK W/LOCK $362.42 84046 08/11/2022 Open HOEDL, SETH REBATE - REAL PROPERTY TRNSFR TAX $5,360.00 84047 08/11/2022 Open JAFFE, SCOT POTTERY - RECREATION DEPT $216.00 84048 08/11/2022 Open JENNIFER ALBERTO REFUND - EXPLORER'S CAMP $331.10 84049 08/11/2022 Open KNORR SYSTEMS, INC. SWIM CENTER MTNCE AND CHEMICALS $5,000.52 84050 08/11/2022 Open L.N. CURTIS & SONS UTILITIES $26.46 84051 08/11/2022 Open LEHR AUTO ELECTRIC & EMERGENCY AUTO EQUIPMENT INSTALL $22,820.19 84052 08/11/2022 Open Mark43, Inc RECORDS MANAGEMENT SYSTEM $52,500.00 84053 08/11/2022 Open MCNEELY, DOUGLAS CIRCUS CAMP - RECREATION DEPT $2,389.50 Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable

Agenda Packet Page 17 of 141
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name Description Transaction Amount Payment Register
From Payment Date: 8/1/2022 - To Payment Date: 8/31/2022 84054 08/11/2022 Open MICHAEL STEADS HILLTOP FORD KIA AUTO SERVICE AND REPAIRS $1,098.80 84055 08/11/2022 Open MUNICIPAL POOLING AUTHORITY CLAIM ADMIN FEES $963.00 84056 08/11/2022 Open OpenGov, Inc. FY 2022-2023 FEE $44,950.00 84057 08/11/2022 Open PLAY-WELL TEKNOLOGIES LEGO CAMP - RECREATION DEPT $11,700.00 84058 08/11/2022 Open RICOH USA, INC EQUIPMENT LEASE $1,805.01 84059 08/11/2022 Open Shababo, Tracey , Elise CAMP - RECREATION DEPT $2,640.00 84060 08/11/2022 Open SIMPSON INVESTIGATIVE SERVICES GROUP BACKGROUND CHECK $1,791.62 84061 08/11/2022 Open SPEAKWRITE LLC TRANSCRIPTION SERVICES $12.17 84062 08/11/2022 Open STERICYCLE, INC. MEDICAL WASTE SERVICES $74.38 84063 08/11/2022 Open THE ED JONES COMPANY BADGE PROMOTION RIBBONS $52.68 84064 08/11/2022 Open UNIVERSAL BUILDING SERVICE BUILDING SUPPLIES $917.00 84065 08/11/2022 Open WADE, THOMAS TRAINING $409.00
84066 08/18/2022 Open POLICE ASSN. ASSOCIATION DUES $3,414.24 84067 08/18/2022 Open POLICE ASSN. ASSOCIATION DUES $3,978.34 84068 08/18/2022 Open POLICE ASSN. ASSOCIATION DUES $3,978.34 84069 08/18/2022 Open Amazon Capital Services, Inc. OFFICE SUPPLIES $34.51 84070 08/18/2022 Open ART P.E., JAMES E. FIRE PROTECTION ENGINEER SERVICES $482.00 84071 08/18/2022 Open AT&T INTERNET SERVICES $11,764.99 84072 08/18/2022 Open AVILA PROJECT MANAGEMENT ENGINEERING SERVICES $50,497.50 84073 08/18/2022 Open BOUNDTREE MEDICAL LLC MEDICAL SUPPLIES $733.96 84074 08/18/2022 Open CITY OF FOSTER CITY RECRUITMENT ADVERTISEMENTS $1,040.00 84075 08/18/2022 Open CITY OF WALNUT CREEK TRAINING $2,078.00 84076 08/18/2022 Open DICKINSON FLEET SERVICES, LLC AUTO SERVICE AND REPAIRS $1,760.00 84077 08/18/2022 Open EDUCATION TO GO TRAINING FEES $75.00 84078 08/18/2022 Open Engineering For Kids CAMP - RECREATION DEPT $3,079.80 84079 08/18/2022 Open FAILSAFE TESTING LADDER MAINTENANCE $1,200.00 84080 08/18/2022 Open FIRE SAFETY CLEARING WEED ABATEMENT $5,000.00 84081 08/18/2022 Open GRAUL, BELINDA CAMP - RECREATION DEPT $6,300.00 84082 08/18/2022 Open HANNA, MICHAEL, JOHN CAMP - RECREATION DEPT $1,620.00 84083 08/18/2022 Open KEYSER MARSTON ASSOCIATES, INC CONSULTING SERVICES - HOUSING $1,734.38 84084 08/18/2022 Open MOBILE MODULAR MANAGEMENT CORP PAYMENT 1 FY 23 - MOBILE MODULAR $10,541.86 84085 08/18/2022 Open MORTON II YOUTH SPORTS CAMP - RECREATION DEPT $3,157.80 84086 08/18/2022 Open OAKLAND HILLS BRUSH CLEARING LLC ABATEMENT $2,175.00 84087 08/18/2022 Open OFFICE DEPOT OFFICE SUPPLIES $207.46 84088 08/18/2022 Open PASTIME HARDWARE REPAIR SUPPLIES $299.10 84089 08/18/2022 Open RAMOS, STEPHANIE, R CAMP - RECREATION DEPT $2,783.10 84090 08/18/2022 Open RICOH USA, INC EQUIPMENT LEASE $1,591.71 84091 08/18/2022 Open SECURITY SIGNAL DEVICES, INC. ALARM SERVICES $1,057.51 84092 08/18/2022 Open STONE, DAN REBATE - REAL PROPERTY TRNSFR TAX $4,400.00 84093 08/18/2022 Open SUMIL, NAOKO REFUND - SWIM LESSONS $57.25 84094 08/18/2022 Open Accounts Payable SYSCO FOOD SUPPLIES - RAVENCILIFF $16,766.58 Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable

Agenda Packet Page 18 of 141
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name Description Transaction Amount Payment Register
From Payment Date: 8/1/2022 - To Payment Date: 8/31/2022 84095 08/18/2022 Open TYLER TECHNOLOGIES TRAINING - FINANCE $305.00 84096 08/18/2022 Open UNIVERSAL BUILDING SERVICE BUILDING SUPPLIES $5,445.87 84097 08/18/2022 Open WHITLOCK & WEINBERGER TRANSPORTATION, INC. JANITORIAL SERVICES $265.00 84098 08/18/2022 Open 4LEAF, INC. ENGINEERING SERVICES $10,641.00 84099 08/18/2022 Open AVEC PRODUCTIONS, INC. EQUIPMENT RENTAL AND LABOR $355.00 84100 08/18/2022 Open CONTRA COSTA HEALTH SERVICES INSPECTIONS AND TRAVEL $845.75 84101 08/18/2022 Open DEPT. OF CONSERVATION FEES FY 2021-22 QTR 4 $2,153.60 84102 08/18/2022 Open Engineering For Kids CAMP - RECREATION DEPT $8,387.64 84103 08/18/2022 Open NINYO & MOORE STORM DRAIN EVALUATIONS $13,893.94 84104 08/18/2022 Voided Invoice Revised 09/08/2022 Sacks, Ricketts & Case, LLP LEGAL SERVICES $4,384.94 84105 08/26/2022 Open CALPERS LONG TERM CARE PROGRAM LT CARE INSURANCE $31.69 84106 08/26/2022 Open EL CERRITO FIRE DEPT MGMT GRP FIRE MGMT GROUP $50.00 84107 08/26/2022 Open EL CERRITO PUBLIC SFTY EE MGMT FIRE SAFETY GROUP $318.00 84108 08/26/2022 Open FIRE ASSOCIATION DUES $525.00
84109 08/26/2022 Open FRANCHISE TAX BOARD GARNISHMENT $1,380.00 84110 08/26/2022 Open LIFE INSURANCE OF NORTH AMERICA ACCIDENTAL DEATH & DISMEMBERMENT INS $82.30 84111 08/26/2022 Open POLICE ASSN. DUES $4,743.59
84112 08/26/2022 Open PRO FIREFIGHTERS ASSN DUES DUES $300.00 84113 08/26/2022 Open SEIU LOCAL 1021 VOLUNTARY COPE DEDUCTION $1,747.71 84114 08/26/2022 Open U.S. Bank PUBLIC AGENCY RETIRMENT SERVICES (PARS) $3,951.56 84115 08/25/2022 Open BPXPRESS PRINTING SERVICES $90.75 84116 08/25/2022 Open CCC EMPLOYMENT & HUMAN SVCS CHILDREN'S INTERVIEW CENTER FY 21-22 $2,076.22 84117 08/25/2022 Open CSW-STUBER-STROEH ENGINEERING GROUP INC ENGINEERING SERVICES $30,208.03 84118 08/25/2022 Open LACK, CHRIS CAMP - RECREATION DEPT $329.00 84119 08/25/2022 Open Napa Recycling & Waste Service, LLC RECYCLING SERVICES $16,782.70 84120 08/26/2022 Open AARONSON, TIM REFUND - SOLID WASTE EXEMPTION $288.54 84121 08/26/2022 Open Amazon Capital Services, Inc. OFFICE SUPPLIES $594.24 84122 08/26/2022 Open ANCHOR ENGINEERING,, INC. ENGINEERING SERVICES $4,900.00 84123 08/26/2022 Open BAY ALARM COMPANY ALARM SERVICES $255.00 84124 08/26/2022 Open BROSAS, DONOVAN TRAINING PER DIEM $16.00 84125 08/26/2022 Open CAPUTO, LAUREN TRAINING PER DIEM $150.00 84126 08/26/2022 Open Ceja, Veronica TRAINING - LUNCH STANDARD & ADVANCED $24.00 84127 08/26/2022 Open CHAND, NIRAJAN TRAINING AND MILEAGE $920.60 84128 08/26/2022 Open COOPER, PAUL TRAINING PER AND CONFERENCE $216.00 84129 08/26/2022 Open CSG CONSULTANTS, INC. PLAN REVIEW SERVICES $3,538.55 84130 08/26/2022 Open DATA TICKET, INC. CODE ENFORCEMENT PROCESSING FEES $200.00 84131 08/26/2022 Open DELL MARKETING L.P. COMPUTER EQUIPMENT $1,809.23 84132 08/26/2022 Open DUNNIGAN PSYCH & THREAT ASSESSMENTS PSYC EVALUATION $600.00 84133 08/26/2022 Open ENTENMANN-ROVIN CO. BADGES $1,485.64 84134 08/26/2022 Open FRIEDMAN, NORM CAMP - RECREATION DEPT $1,090.98 84135 08/26/2022 Open GAME CHANGERS CAMP - RECREATION DEPT $504.00 Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable

Agenda Packet Page 19 of 141
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name Description Transaction Amount Payment Register
From Payment Date: 8/1/2022 - To Payment Date: 8/31/2022 84136 08/26/2022 Open GARCIA, LAURA CAMP - RECREATION DEPT $2,677.50 84137 08/26/2022 Open Green Halo Systems Inc, HOSTING AND MAINTENANCE - AUG 2022 $171.00 84138 08/26/2022 Open Hernandez, Danielle TRAINING - LUNCH BASIC COLLISION $32.00 84139 08/26/2022 Open Hernandez, Danielle TRAINING PER DIEM $150.00 84140 08/26/2022 Open HI-TECH INC. FIRE ENGINE REPAIR $1,819.64 84141 08/26/2022 Open KREISBERG LAW FIRM LEGAL SERVICES $455.00 84142 08/26/2022 Open LACK, CHRIS POTTERY - RECREATION DEPT $196.00 84143 08/26/2022 Open LIEBERT CASSIDY LEGAL SERVICES $487.50 84144 08/26/2022 Open MEYERS NAVE LEGAL SERVICES $26,236.82 84145 08/26/2022 Open MII TRAINING INNOVATIONS LLC TUITION $475.00 84146 08/26/2022 Open MORTON II YOUTH SPORTS CAMP - RECREATION DEPT $3,357.30 84147 08/26/2022 Open Napa Recycling & Waste Service, LLC RECYCLING SERVICES $14,721.85 84148 08/26/2022 Open OFFICE DEPOT OFFICE SUPPLIES $140.99 84149 08/26/2022 Open OLIVERO PLUMBING PLUMBING SERVICES $4,359.64 84150 08/26/2022 Open PAYMENTUS CORPORATION PROCESSING FEES $3,105.87 84151 08/26/2022 Open PERALES, EDWARD, J. TRAINING PER DIEM / K-9 COP CONF $200.00 84152 08/26/2022 Open RINGCENTRAL, INC. TELEPHONE EXPENSES $3,359.75 84153 08/26/2022 Open SECURITY SIGNAL DEVICES, INC. ALARM SERVICES $285.20 84154 08/26/2022 Open Shababo, Tracey , Elise CAMP - RECREATION DEPT $2,784.00 84155 08/26/2022 Open SPIDERS ULTIMATE LLC CAMP - RECREATION DEPT $1,132.20 84156 08/26/2022 Open STAILING S&S RV REPAIRS TECHNOLOGY SVCS - MODEM INSTALL $1,000.00 84157 08/26/2022 Open STERICYCLE, INC. MEDICAL WASTE SERVICES $723.36 84158 08/26/2022 Open TYLER TECHNOLOGIES FINANCIAL SYSTEMS PROJECT $623.33 84159 08/26/2022 Open WEPERFORM.ORG SUMMER VIOLIN $588.00 84160 08/26/2022 Open WEST COAST CODE CONSULTANTS, INC. PLAN REVIEW SERVICES $282.50 84161 08/26/2022 Open ZHAO, ZITIAN TRAINING AND MILEAGE $735.60 84162 08/26/2022 Open ZOON ENGINEERING, INC. ENGINEERING SERVICES $400.00 84163 08/26/2022 Open ZWETSCH, STEPHEN RESIDENCY - PYMT 2 OF 3 $300.00 $3,669,257.05
EFT
2290 08/04/2022 Open KATZ, JUDY SENIOR FITNESS INSTRUCTOR $288.00 2291 08/18/2022 Open I.M.P.A.C. GOVERNMENT SERVICES CAL CARD - VARIOUS PURCHASES $78,955.65 2292 08/12/2022 Open EDD - PAYROLL TAX DEPOSIT CALIFORNIA TAX $38,739.89 2293 08/12/2022 Open ICMA DEFERRED COMPENSATION $47,184.44 2294 08/12/2022 Open IRS FEDERAL TAX $153,376.27
2295 08/12/2022 Open P E R S RETIREMENT PLAN $157,529.39 2296 08/12/2022 Open STATE DISBURSEMENT UNIT GARNISHMENT $636.00 2297 08/24/2022 Open IRS FEDERAL TAX $200.00
2299 08/26/2022 Open EDD - PAYROLL TAX DEPOSIT CALIFORNIA TAX $39,328.23 2300 08/26/2022 Open ICMA DEFERRED COMPENSATION $46,819.69 2301 08/26/2022 Open IRS FEDERAL TAX $153,370.88
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Type Check Totals: 354 Transactions
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable

Agenda Packet Page 20 of 141
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name Description Transaction Amount Payment Register
From Payment Date: 8/1/2022 - To Payment Date: 8/31/2022 2302 08/26/2022 Open P E R S RETIREMENT PLAN $158,142.23 2303 08/26/2022 Open STATE DISBURSEMENT UNIT GARNISHMENT $636.00 $875,206.67
Checks Status Count Transaction Amount
Open 351 $3,232,114.11
Reconciled 0 $0.00
Voided 3 $437,142.94
Stopped 0 $0.00
Total 354 $3,669,257.05
EFTs Status Count Transaction Amount
Open 13 $875,206.67
Reconciled 0 $0.00
Voided 0 $0.00
Total 13 $875,206.67
All Status Count Transaction Amount
Open 364 $4,107,320.78
Reconciled 0 $0.00
Voided 3 $437,142.94
Stopped 0 $0.00
Total 367 $4,544,463.72
Checks Status Count Transaction Amount
Open 135 $108,671.16
Reconciled 0 $0.00
Voided 0 $0.00
Stopped 0 $0.00
Total 135 $108,671.16
EFTs Status Count Transaction Amount
Open 476 $922,798.56
Reconciled 0 $0.00
Voided 0 $0.00
Total 476 $922,798.56
All Status Count Transaction Amount
Open 611 $1,031,469.72
Reconciled 0 $0.00
Accounts Payable
Type EFT Totals: 13 Transactions
Accounts Payable
AP-AP Accounts Payable Checking Account Totals
PR-Payroll Checking Account Totals

Agenda Packet Page 21 of 141
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name Description Transaction Amount Payment Register
From Payment Date: 8/1/2022 - To Payment Date: 8/31/2022 Voided 0 $0.00
Stopped 0 $0.00
Total 611 $1,031,469.72
Checks Status Count Transaction Amount
Open 486 $3,340,785.27
Reconciled 0 $0.00
Voided 3 $437,142.94
Stopped 0 $0.00
Total 489 $3,777,928.21
EFTs Status Count Transaction Amount
Open 489 $1,798,005.23
Reconciled 0 $0.00
Voided 0 $0.00
Total 489 $1,798,005.23
All Status Count Transaction Amount
Open 975 $5,138,790.50
Reconciled 0 $0.00
Voided 3 $437,142.94
Stopped 0 $0.00
Total 978 $5,575,933.44
Grand Totals:

Agenda Packet Page 22 of 141
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name Description Transaction Amount 84164 09/01/2022 Open Accounts Payable JOHNSON, CRAIG CERTIFICATION OF RENEWAL $400.00 84165 09/01/2022 Open Accounts Payable CITY OF RICHMOND CAD FEES $154,386.50 84166 09/01/2022 Open Accounts Payable TWO BROTHERS POOL & SPA SWIMMING POOL SERVICE $2,805.00 84167 09/01/2022 Open Accounts Payable 4LEAF, INC. PLAN REVIEW SERVICES $50,235.75 84168 09/01/2022 Open Accounts Payable Amazon Capital Services, Inc. OFFICE SUPPLIES $195.18 84169 09/01/2022 Open Accounts Payable AMERICAN MECHANICAL SERVICES, INC. HVAC MTNCE - CITY HALL $2,185.65 84170 09/01/2022 Open Accounts Payable AT&T INTERNET SERVICES $1,171.95 84171 09/01/2022 Open Accounts Payable BAY AREA AIR QUALITY MGMT DIST ANNUAL PERMIT RENEWAL- FUEL $310.00 84172 09/01/2022 Open Accounts Payable BAY AREA BARRICADE STENCILS PUBLIC PARKING $797.06 84173 09/01/2022 Open Accounts Payable BERTRAND, FOX, ELLIOT, OSMAN & WENZEL LEGAL SERVICES $13,593.50 84174 09/01/2022 Open Accounts Payable C & K MARKET, INC. FOOD - RAVENCLIFF $1,936.41 84175 09/01/2022 Open Accounts Payable CCC ANIMAL SERVICES DEPARTMENT ANIMAL CONTROL SERVICES $49,505.75 84176 09/01/2022 Open Accounts Payable CHAVAN & ASSOCIATES, LLP AUDITING SERVICES $4,500.00 84177 09/01/2022 Open Accounts Payable CINTAS CORPORATION #054 UNIFORMS UNIFORMS $176.74 84178 09/01/2022 Open Accounts Payable CITY OF RICHMOND DISPATCH SERVICES $67,870.08 84179 09/01/2022 Open Accounts Payable COMCAST INTERNET SERVICES $68.39 84180 09/01/2022 Open Accounts Payable Community Conservation Centers, Inc. RECYCLING SERVICES $654.18 84181 09/01/2022 Open Accounts Payable CONTRA COSTA HEALTH SERVICES INSPECTION - TIPPING WALL $298.50 84182 09/01/2022 Open Accounts Payable CORE COMPUTING SOLUTIONS RECYCLING SOFTWARE $153.00 84183 09/01/2022 Open Accounts Payable CORODATA SHREDDING INC. SHREDDING SERVICES $207.43 84184 09/01/2022 Open Accounts Payable Cross Connections Emergency Services, Inc. GPS ANTENNAS $738.91 84185 09/01/2022 Open Accounts Payable DIABLO BOWLING & TROPHIES NAME BADGE - COUNCIL MEMBER $29.63 84186 09/01/2022 Open Accounts Payable DUNNIGAN PSYCH & THREAT ASSESSMENTS PSYCH EVALUATIONS $1,200.00 84187 09/01/2022 Open Accounts Payable EAST BAY - LEAGUE OF CA CITIES DIVISION MEETING $150.00 84188 09/01/2022 Open Accounts Payable EAST BAY SANITARY CO.INC. STREET SWEEPING SERVICES $8,256.98 84189 09/01/2022 Open Accounts Payable EBMUD UTILITIES $14,123.09 84190 09/01/2022 Open Accounts Payable EL CERRITO ART ASSOCIATION ANNUAL ART SHOW $500.00 84191 09/01/2022 Open Accounts Payable EVEREST PLUMBING & DRAIN REFUND $1,730.00 84192 09/01/2022 Open Accounts Payable Golden Bear Transfer Station SOLID WASTE SERVICES SWEEP SPOILS $511.91 84193 09/01/2022 Open Accounts Payable GROUP 4 ARCHITECTURE, RESEARCH & PLNG INC. PROJECT 15474-05 EL CERRITO NEW WKSP $16,100.00 84194 09/01/2022 Open Accounts Payable GUIDRY, ROBERT OUTDOOR TABLE $1,362.00 84195 09/01/2022 Open Accounts Payable GYMDOC INC EQUIPMENT MAINTENANCE $300.00 84196 09/01/2022 Open Accounts Payable HI-TECH INC. VEHICLE REPAIRS $8,981.28 84197 09/01/2022 Open Accounts Payable HONEYWELL INTERNATIONAL, INC. SATELLITE PHONES $135.00 84198 09/01/2022 Open Accounts Payable HUNT & SONS, INC. FUEL $20,231.30 84199 09/01/2022 Open Accounts Payable IncrediFlix Inc. CAMP - RECREATION DEPT $4,400.00 84200 09/01/2022 Open Accounts Payable IRON MOUNTAIN RECORD RETENTION/STORAGE $1,001.22 84201 09/01/2022 Open Accounts Payable KAISER PERMANENTE NEW HIRE PHYSICALS $85.00 Check
Payment Register
From Payment Date: 9/1/2022 - To Payment Date: 9/30/2022 AP Check - Accounts Payable Checking Account
Pages: 1 of 6
Attachment B: September 2022 Payment Register
Agenda Packet Page 23 of 141
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name Description Transaction Amount Payment Register
From Payment Date: 9/1/2022 - To Payment Date: 9/30/2022 84202 09/01/2022 Open Accounts Payable Kalgold Technologies Inc. CAMP - RECREATION DEPT $6,180.00 84203 09/01/2022 Open Accounts Payable KNORR SYSTEMS, INC. SWIMMING POOL SERVICE/CHEMICALS $3,657.47 84204 09/01/2022 Open Accounts Payable LEAF LICENSING - SOPHOS $1,430.90 84205 09/01/2022 Open Accounts Payable LEAGUE OF CALIF.CITIES RECRUITMENT ADVERTISING $300.00 84206 09/01/2022 Open Accounts Payable MAPISTRY CONSULTING AND SOFTWARE $5,576.00 84207 09/01/2022 Open Accounts Payable MICHALEK, ANTHONY TRAINING - RESCUE SYSTEMS III $970.00 84208 09/01/2022 Open Accounts Payable MILLIS, KYLE INSTRUCTOR - SWIM CLINIC $444.60 84209 09/01/2022 Open Accounts Payable OFFICE DEPOT OFFICE SUPPLIES $284.20 84210 09/01/2022 Open Accounts Payable PG&E UTILITIES $11,023.66 84211 09/01/2022 Open Accounts Payable PG&E UTILITIES $1,376.91 84212 09/01/2022 Open Accounts Payable PLAY-WELL TEKNOLOGIES LEGO CAMP - RECREATION DEPT $9,900.00 84213 09/01/2022 Open Accounts Payable RJP ENTERPRISES EQUIPMENT REPAIRS AND MAINTENANCE $3,146.39 84214 09/01/2022 Open Accounts Payable ROSAS, DANIEL EMT RECERTIFICATION FEE $86.00 84215 09/01/2022 Open Accounts Payable RUBICON ENTERPRISES INC LANDSCAPE MAINTENANCE $13,727.75 84216 09/01/2022 Open Accounts Payable SECURITY SIGNAL DEVICES, INC. ALARM SERVICES $613.17 84217 09/01/2022 Open Accounts Payable SIMPSON INVESTIGATIVE SERVICES GROUP BACKGROUND CHECKS $2,064.17 84218 09/01/2022 Open Accounts Payable SONOMA COUNTY FAMILY YMCA CAMP RAVENCLIFF RENT $8,365.70 84219 09/01/2022 Open Accounts Payable ST. FRANCIS ELECTRIC ELECTRICAL SERVICES - STEETLIGHT MTNC $22,434.90 84220 09/01/2022 Open Accounts Payable TWO BROTHERS POOL & SPA SWIMMING POOL SERVICES $3,871.31 84221 09/01/2022 Open Accounts Payable VERIZON WIRELESS MOBILE WIRELESS SERVICES $5,206.51 84222 09/01/2022 Open Accounts Payable MEYERS NAVE LEGAL SERVICES $9,979.69 84223 09/09/2022 Open Accounts Payable CALPERS LONG TERM CARE PROGRAM LT CARE INSURANCE PLAN $31.69 84224 09/09/2022 Open Accounts Payable FRANCHISE TAX BOARD GARNISHMENT $1,380.00 84225 09/09/2022 Open Accounts Payable HEALTH CARE DENTAL TRUST DENTAL PLAN $17,690.97 84226 09/09/2022 Open Accounts Payable IAFF LOCAL 1230 DUES - LOCAL 1230 $4,972.08 84227 09/09/2022 Open Accounts Payable KAISER FOUNDATION HEALTH PLAN HEALTH PLAN $210,140.07 84228 09/09/2022 Open Accounts Payable LEGALSHIELD LEGAL SERVICES $182.40 84229 09/09/2022 Open Accounts Payable MUNICIPAL POOLING AUTHORITY SUPPLEMENTAL LIFE INSURANCE $11,243.89 84230 09/09/2022 Open Accounts Payable NATIONWIDE TRUST COMPANY, FSB FIRE HEALTH SAVINGS $9,900.00 84231 09/09/2022 Open Accounts Payable SEIU LOCAL 1021 VOLUNTARY COPE $1,714.10 84232 09/09/2022 Open Accounts Payable SUTTER HEALTH PLUS HEALTH PLUS EE COST $40,771.90 84233 09/09/2022 Open Accounts Payable U.S. Bank PUBLIC AGENCY RETIREMENT SVC (PARS) $2,477.58 84234 09/08/2022 Open Accounts Payable CONTRA COSTA COUNTY LIBRARY LIBRARY SERVICES $6,244.41 84235 09/08/2022 Open Accounts Payable DICKINSON FLEET SERVICES, LLC AUTO SERVICE AND REPAIRS $13,384.04 84236 09/08/2022 Open Accounts Payable L.C. ACTION POLICE SUPPLY BALLISTIC SUPPLIES $9,445.06 84237 09/08/2022 Open Accounts Payable L.N. CURTIS & SONS WEAPON LIGHT $9.99 84238 09/08/2022 Open Accounts Payable PRECISION CONCRETE CUTTING HAZARD REMOVAL $34,953.38 84239 09/08/2022 Open Accounts Payable REX KEY & SECURITY KEYS $42.27 84240 09/08/2022 Open Accounts Payable Sacks, Ricketts & Case, LLP LEGAL SERVICES $7,563.73 84241 09/09/2022 Open Accounts Payable ALAMEDA COUNTY SHERIFF'S OFC TUITION $300.00 Pages: 2 of 6
Agenda Packet Page 24 of 141
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name Description Transaction Amount Payment Register
From Payment Date: 9/1/2022 - To Payment Date: 9/30/2022 84242 09/09/2022 Open Accounts Payable Amazon Capital Services, Inc. OFFICE SUPPLIES $276.70 84243 09/09/2022 Open Accounts Payable ARMOUR PETROLEUM SVC & EQUIPT VISUAL INSPECTION & PUMP SETUP $752.93 84244 09/09/2022 Open Accounts Payable Badge Frame , Inc. NAME PLATES $199.49 84245 09/09/2022 Open Accounts Payable BARG COFFIN LEWIS & TRAPP, LLP LEGAL SERVICES $3,905.00 84246 09/09/2022 Open Accounts Payable BATTALION ONE FIRE PROTECTION INSPECTION SVCS - FIRE SPRINKLERS $660.00 84247 09/09/2022 Open Accounts Payable BAY ALARM COMPANY ALARM SERVICES $847.05 84248 09/09/2022 Open Accounts Payable BAY AREA NEWS GROUP EASTBAY PUBLIC HEARINGS $396.00 84249 09/09/2022 Open Accounts Payable BERLITZ LANGUAGES, INC. TESTING SERVICES $130.00 84250 09/09/2022 Open Accounts Payable CERTIFIED TOWING AUTO SERVICE AND REPAIRS $200.00 84251 09/09/2022 Open Accounts Payable CHAND, NIRAJAN TRAINING AND MILEAGE $276.18 84252 09/09/2022 Open Accounts Payable CINTAS CORPORATION #054 UNIFORMS UNIFORMS $530.22 84253 09/09/2022 Open Accounts Payable CIVICPLUS SYSTEM APPLICATION FEES $1,278.35 84254 09/09/2022 Open Accounts Payable CONCORD UNIFORMS UNIFORMS $821.81 84255 09/09/2022 Open Accounts Payable DALIDA, SANDRA REIMBURSEMENT - APA MEMBERSHIP & SUPP $395.92 84256 09/09/2022 Open Accounts Payable DICKINSON FLEET SERVICES, LLC AUTO SERVICE AND REPAIRS $316.00 84257 09/09/2022 Open Accounts Payable DON'S TIRE SERVICE, INC. AUTO SERVICE AND REPAIRS $212.82 84258 09/09/2022 Open Accounts Payable EBMUD UTILITIES $442.52 84259 09/09/2022 Open Accounts Payable ENERGY SYSTEMS GENERATOR - CITY HALL $2,576.49 84260 09/09/2022 Open Accounts Payable FORENSIC SERVICES DIVISION DRUG TESTING $2,388.00 84261 09/09/2022 Open Accounts Payable FUJIWARA, PATTY POTTERY - EVENING CLASSES $693.00 84262 09/09/2022 Open Accounts Payable Honey Bucket PORTA POTTY SERVICES $221.05 84263 09/09/2022 Open Accounts Payable INDEPENDENT INVESTIGATIVE CONSULTANTS INVESTIGATION SERVICES $3,600.00 84264 09/09/2022 Open Accounts Payable INTERWEST CONSULTING GROUP INC CONSULTING AND PLANNING SERVICES $9,063.75 84265 09/09/2022 Open Accounts Payable INTREPID ELECTRONIC SYSTEMS INSPECTION SERVICES - FIRE SPRINKLERS $299.00 84266 09/09/2022 Open Accounts Payable JAFFE, SCOT POTTERY - EVENING CLASSES $180.00 84267 09/09/2022 Open Accounts Payable KINSEY, KATHRYNE ANN INSTRUCTOR - RECREATION DEPT $76.80 84268 09/09/2022 Open Accounts Payable KNORR SYSTEMS, INC. SWIMMING POOL SERVICE/CHEMICALS $3,398.78 84269 09/09/2022 Open Accounts Payable KOFF & ASSOCIATES, INC. CONSULTING SERVICES - CLASS & COMP $510.00 84270 09/09/2022 Open Accounts Payable KRAMER WORKPLACE INVESTIGATIONS INVESTIGATION SERVICES $3,364.00 84271 09/09/2022 Open Accounts Payable KREISBERG LAW FIRM LEGAL SERVICES $5,764.50 84272 09/09/2022 Open Accounts Payable L.N. CURTIS & SONS BALLISTIC SUPPLIES $2,727.02 84273 09/09/2022 Open Accounts Payable LEAGUE OF CALIF.CITIES RECRUITMENT ADVERTISING $300.00 84274 09/09/2022 Open Accounts Payable LEHR AUTO ELECTRIC & EMERGENCY AUTO SERVICE AND REPAIRS $4,038.50 84275 09/09/2022 Open Accounts Payable LIEBERT CASSIDY LEGAL SERVICES $14,063.00 84276 09/09/2022 Open Accounts Payable NATIONAL TESTING NETWORK, INC. ANNUAL MEMBERSHIP - RECRUITMENT SVCS $425.00 84277 09/09/2022 Open Accounts Payable NOR-CAL PIPELINE SERVICES PLUMBING - DRAIN INLET $5,126.00 84278 09/09/2022 Open Accounts Payable Norge Cleaners and Alterations UNIFORM CLEANING $144.50 84279 09/09/2022 Open Accounts Payable OFFICE DEPOT OFFICE SUPPLIES $430.49 84280 09/09/2022 Open Accounts Payable OLIVER'S TOW INC. EVIDENCE TOWING $151.18 84281 09/09/2022 Open Accounts Payable OLIVERO PLUMBING PLUMBING SERVICES $8,002.42 Pages: 3 of 6
Agenda Packet Page 25 of 141
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name Description Transaction Amount Payment Register
From Payment Date: 9/1/2022 - To Payment Date: 9/30/2022 84282 09/09/2022 Open Accounts Payable POWER PRODUCTS UNLIMITED, INC. POLICE RADIO BATTERIES $7,009.09 84283 09/09/2022 Open Accounts Payable Ramco Rugged Notebooks MOBILE DATA COMPUTERS $33,000.00 84284 09/09/2022 Open Accounts Payable REX KEY & SECURITY LOCKSMITH SERVICES $27.56 84285 09/09/2022 Open Accounts Payable RUBICON ENTERPRISES INC LANDSCAPE & RETAINING WALL INSPECTION $4,251.45 84286 09/09/2022 Open Accounts Payable SHAHKAR, MEHRAN STRENGTH & BALANCE - RECREATION DEPT $162.00 84287 09/09/2022 Open Accounts Payable SIMPSON INVESTIGATIVE SERVICES GROUP BACKGROUND CHECKS $2,114.38 84288 09/09/2022 Open Accounts Payable STAILING S&S RV REPAIRS MODEM INSTALL & VEHICLE STRIPPING $2,800.00 84289 09/09/2022 Open Accounts Payable STATE OF CA DEPT OF JUSTICE LIVE SCAN $868.00 84290 09/09/2022 Open Accounts Payable STERICYCLE, INC. HAZARD REMOVAL $77.89 84291 09/09/2022 Open Accounts Payable U.S. SECURITY SUPPLY, INC. LOCKSMITH SERVICES $1,989.54 84292 09/09/2022 Open Accounts Payable UNIVERSAL BUILDING SERVICE JANITORIAL SERVICES $1,107.33 84293 09/09/2022 Open Accounts Payable WENTWORTH*DAVID TRAIINING PER DIEM $150.00 84294 09/09/2022 Open Accounts Payable WEST COAST TRAP RECYCLING JANITORIAL SERVICES $150.00 84295 09/09/2022 Open Accounts Payable ZHAO, ZITIAN TRAINING AND MILEAGE $845.94 84296 09/23/2022 Open Accounts Payable CALPERS LONG TERM CARE PROGRAM LT CARE INSURANCE PLAN $31.69 84297 09/23/2022 Open Accounts Payable EL CERRITO FIRE DEPT MGMT GRP MGMT GROUP - FIRE $50.00 84298 09/23/2022 Open Accounts Payable EL CERRITO PUBLIC SFTY EE MGMT SAFETY GROUP - FIRE $318.00 84299 09/23/2022 Open Accounts Payable FIRE ASSOCIATION DUES $525.00 84300 09/23/2022 Open Accounts Payable FRANCHISE TAX BOARD GARNISHMENT $1,847.48 84301 09/23/2022 Open Accounts Payable LIFE INSURANCE OF NORTH AMERICA ACCIDENTAL DEATH & DISMEMBERMENT INS $82.30 84302 09/23/2022 Open Accounts Payable POLICE ASSN. DUES $4,048.18 84303 09/23/2022 Open Accounts Payable PRO FIREFIGHTERS ASSN DUES DUES $300.00 84304 09/23/2022 Open Accounts Payable SEIU LOCAL 1021 VOLUNTARY COPE $1,757.46 84305 09/23/2022 Open Accounts Payable U.S. Bank PUBLIC AGENCY RETIREMENT SVCS (PARS) $2,538.09 142 Transactions $1,059,610.13
EFT
2304 09/09/2022 Open Accounts Payable EDD - PAYROLL TAX DEPOSIT STATE TAX $50,911.59 2305 09/09/2022 Open Accounts Payable ICMA DEFERRED COMPENSATON $45,319.83 2306 09/09/2022 Open Accounts Payable IRS FEDERAL TAX $177,675.07 2307 09/09/2022 Open Accounts Payable P E R S RETIREMENT PLAN $159,622.00 2308 09/09/2022 Open Accounts Payable STATE DISBURSEMENT UNIT GARNISHMENT $636.00 2309 09/23/2022 Open Accounts Payable IRS FEDERAL TAX $200.00 2310 09/23/2022 Open Accounts Payable EDD - PAYROLL TAX DEPOSIT STATE TAX $51,503.29 2311 09/23/2022 Open Accounts Payable ICMA DEFERRED COMPENSATON $45,384.22 2312 09/23/2022 Open Accounts Payable IRS FEDERAL TAX $188,585.77 2313 09/23/2022 Open Accounts Payable P E R S RETIREMENT PLAN $161,635.32 2314 09/23/2022 Open Accounts Payable STATE DISBURSEMENT UNIT GARNISHMENT $636.00 2320 09/29/2022 Open Accounts Payable KATZ, JUDY SENIOR FITNESS INSTRUCTOR $367.20 Type EFT Totals 12 Transactions $882,476.29
Type Check Totals
Pages: 4 of 6
Agenda Packet Page 26 of 141
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name Description Transaction Amount Payment Register
From Payment Date: 9/1/2022 - To Payment Date: 9/30/2022 Checks Status Count Transaction Amount
Open 142 $1,059,610.13
Reconciled 0 $0.00
Voided 0 $0.00
Stopped 0 $0.00
Total 142 $1,059,610.13
EFTs Status Count Transaction Amount
Open 12 $882,476.29
Reconciled 0 $0.00
Voided 0 $0.00
Total 12 $882,476.29
All Status Count Transaction Amount
Open 154 $1,942,086.42
Reconciled 0 $0.00
Voided 0 $0.00
Stopped 0 $0.00
Total 154 $1,942,086.42
Checks Status Count Transaction Amount
Open 104 $89,300.66
Reconciled 0 $0.00
Voided 0 $0.00
Stopped 0 $0.00
Total 104 $89,300.66
EFTs Status Count Transaction Amount
Open 428 $1,043,848.28
Reconciled 0 $0.00
Voided 0 $0.00
Total 428 $1,043,848.28
All Status Count Transaction Amount
Open 532 $1,133,148.94
Reconciled 0 $0.00
Voided 0 $0.00
Stopped 0 $0.00
Total 532 $1,133,148.94
AP-AP Check - Accounts Payable Checking Account Totals
PR-Payroll Checking Account Totals
Pages: 5 of 6
Agenda Packet Page 27 of 141
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name Description Transaction Amount Payment Register
From Payment Date: 9/1/2022 - To Payment Date: 9/30/2022 Checks Status Count Transaction Amount
Open 246 $1,148,910.79
Reconciled 0 $0.00
Voided 0 $0.00
Stopped 0 $0.00
Total 246 $1,148,910.79
EFTs Status Count Transaction Amount
Open 440 $1,926,324.57
Reconciled 0 $0.00
Voided 0 $0.00
Total 440 $1,926,324.57
All Status Count Transaction Amount
Open 686 $3,075,235.36
Reconciled 0 $0.00
Voided 0 $0.00
Stopped 0 $0.00
Total 686 $3,075,235.36
Grand Totals
Pages: 6 of 6
Agenda Packet Page 28 of 141

AGENDA BILL
Agenda Item No. 5.E.

Date: November 1, 2022
To: El Cerrito City Council
From: Sandra Dalida, Finance Director/City Treasurer, Finance Department Subject: FY 2022-23 First Quarter Cash and Investment Report

ACTION PROPOSED
Receive and file the City's quarterly cash and investment report.

BACKGROUND
Pursuant to Section 53646 of the State of California Government Code, the City Treasurer shall submit a quarterly Report of Investments to the legislative body for review and approval following the end of the quarter covered by the report.

It is the policy of the City of El Cerrito ("City") to invest public funds in a manner which provides for the safety of the principal while providing enough liquidity to cover the City's short and long-term needs while generating the appropriate yield. All investment activity will conform to the California Government Code, Sections 53601 through 53659.

ANALYSIS
On September 30, 2022, the City's cash and investment funds totaled $25,088,614.02 and includes:
 $18,884,228.23 cash invested with the State Treasurer's Local Agency Investment Fund (LAIF), which includes interest earnings of $24,076.90 posted to the City's account on July 15, 2022, for the prior quarter April 1, 2022 through June 30, 2022. The interest earnings for the quarter ending September 30, 2022 totals $61,672.20 posted to City accounts on October 14, 2022, and will be reflected in the second quarter cash and investment report.  $6,202,035.79 cash with Mechanics Bank, which includes interest earnings of $213.82 for the period July 1, 2022 through September 30, 2022.  $2,350.00 in Petty Cash Funds with the various City Departments as required for cash transactions with the public and small dollar value immediate needs purchases. The Petty Cash Funds balance reflected in this report is $4,000.00 less than the prior quarterly cash and investment report, due to the return of $4,000.00 change fund temporarily provided to the Recreation Department for cash transactions during the 4th of July Festival. The $4,000.00 was deposited in the City's General Operating Account at Mechanics Bank.

Agenda Packet Page 29 of 141
Agenda Item No. 5.E.

STRATEGIC PLAN CONSIDERATIONS
The City's Investment Policy, Comprehensive Financial Policy, and Strategic Plan sets forth guidelines for the investment of City funds and aligns with California Government code, Section 53646 and Section 53600-53609. The purpose of the City's Investment Policy is to provide guidelines for prudent investment of the City's idle funds and ensure policies, procedures, systems, and best practices in fiscal management (Goal B).

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

FINANCIAL CONSIDERATIONS
This report is in compliance with the City of El Cerrito Investment Policy and California Government Code Section 53646. The City will have sufficient cash flow to meet the next six months of estimated expenditures as required by Code 53646.

LEGAL CONSIDERATIONS
The City's investments comply with standards reflected in the City of El Cerrito Investment Policy.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Qtr 1 FY 2022-23 Cash and Investment Report
Agenda Packet Page 30 of 141
Attachment A
Category Trustee/Broker Month Ending PAR Value Quarter End Interest Rate
Market Value
(Actual Value)
Pooled Investments California State Treasurer September 30, 2022 $ 18,884,228.23 1.513% $ 18,884,228.23 Cash with Bank Mechanics Bank September 30, 2022 $ 6,202,035.79 0.01% $ 6,202,035.79 Petty Cash Funds City Management September 30, 2022 $ 2,350.00 N/A $ 2,350.00 $ 25,088,614.02 $ 25,088,614.02
I certify that this report is in compliance with the City of El Cerrito Investment Policy and the California Government Code Section 53646.

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

Sandra Dalida, Finance Director/Treasurer
Total Cash and Investments
City of El Cerrito
Fourth Quarterly Cash and Investment Report
for the Quarter Ending September 30, 2022
* cash and investment par value/market value balance change from prior quarter reflects the $6,083,349.99 payoff of FY 2021-22 Tax Revenue Anticipation Note (TRANS) Agenda Packet Page 31 of 141

AGENDA BILL
Agenda Item No. 5.F.

Date: November 1, 2022
To: El Cerrito City Council
From: Christina Leard, Management Analyst III, Public Works Department; Will Provost, Operations and Environmental Services Division Manager, Public Works Department; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Subject: Environmental Quality Committee Appointment Recommendation

ACTION PROPOSED
Approve an Environmental Quality Committee recommendation to appoint Fred Bialy to the Environmental Quality Committee, effective November 8, 2022.

BACKGROUND/ANALYSIS
In August 2022, the City received an application to serve on the Environmental Quality Committee (EQC) from Fred Bialy. Prior to submitting his application, Mr. Bialy attended two regular meetings of the EQC, in July and August 2022, consistent with the City’s requirements for applicants interested in serving on the Committee. Before the October 11, 2022, meeting of the EQC, two members of the Committee interviewed Mr. Bialy.

During the EQC’s Regular Meeting, which immediately followed the interview, the EQC members who interviewed Mr. Bialy voiced their strong support for his application.

Following several supportive comments, the Committee voted unanimously to recommend to the City Council that Mr. Bialy be appointed to the Environmental Quality Committee.

Mr. Bialy has been a resident of El Cerrito for 35 years and has attended numerous EQC meetings in recent years. In his application to serve on the EQC, he voiced his interest “in environmental issues, especially related to the climate crisis.” Mr. Bialy brings to the EQC relevant experience working with the Climate Reality Project Bay Area Chapter and has co-led its Policy Action Squad since January 2022. Mr. Bialy is also active with 350.org of Contra Costa County. Additionally, he has been co-director of an annual one-week residential music and dance camp since 1999. Mr. Bialy is a retired Emergency Physician and MD, holding degrees from UCSF and UCLA.

If the City Council approves this recommendation, the number of Committee members will be fourteen (14) out of a possible membership total of fifteen (15).

STRATEGIC PLAN CONSIDERATIONS
The work of the members on the EQC is instrumental in helping the City achieve Goal F of the El Cerrito Strategic Plan, which is to “Foster environmental sustainability citywide.” The EQC initiates and supports a variety of activities that advance all the Agenda Packet Page 32 of 141
Agenda Item No. 5.F.
strategies under Goal F:
 Be a leader in setting policies and providing innovative programs that promote environmental sustainability;
 Promote environmental education to facilitate behavioral changes;  Implement policies to promote waste diversion;
 Encourage alternative modes of transportation; and
 Implement and monitor the Climate Action Plan.

ENVIRONMENTAL CONSIDERATIONS
The Environmental Quality Committee supports the City in developing programs and policies that help protect the local environment (e.g., Expanded Foodware Ordinance), while also engaging in activities that have a direct impact on environmental quality (e.g., volunteer litter and creek cleanups).

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

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

Reviewed by:

Karen Pinkos, City Manager
Attachments:

Application on File with the City Clerk
Agenda Packet Page 33 of 141
Agenda Item No. 5.G.

CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94530
Telephone (510) 215-4305 Fax (510) 215-4319 http://www.el-cerrito.org November 2, 2022
California Public Utilities Commission
505 Van Ness Avenue
San Francisco, CA 94102
RE: Rulemaking 20-08-020 Net Energy Metering Impacts on Commercial Market Dear President Reynolds, Commissioners, and Mr. Baker,
On behalf of the El Cerrito City Council, I write to you for business and community leaders representing diverse constituencies and sectors of the state’s economy. We are respectfully calling on you to issue a revised proposed decision in the Net Energy Metering (NEM 3.0) proceeding that will expand access to, not restrict, distributed solar and storage technologies for public agencies, schools, industries, and businesses.

The non-residential solar market at-large is a critical part of California’s transition to renewable energy.

Over 4 gigawatts of clean energy have been built by more than 30,000 companies and government entities. These projects are not only helping to clean the air but are also providing much-needed grid reliability benefits as well as local jobs. The potential for this market to grow to help meet California’s future energy needs is great. Fostering such growth should be a pillar of California’s clean energy roadmap. Your forthcoming NEM 3.0 decision is the foundation of that growth.

As you prepare to issue a revised NEM 3.0 decision, we urge you to adopt a balanced approach and consider the decision’s unique impacts on the entire market, including the non-residential market on which we are particularly focused. A balanced approach would include either a healthy delay in stepping down the export compensation rate that takes into consideration broader market conditions as well as the state’s clean energy goals, or at the very least, would include a very gradual stepdown of that rate over the course of several years. In contrast, the December 2021 proposed decision would have expected the commercial market to move immediately to a greatly reduced rate which would have devastated future investments in solar and energy storage.

The ample record in this proceeding has been thoroughly debated over the last two years. We believe that the Commission has everything it needs to issue an alternate proposed decision that accomplishes a better balance. We trust that you will keep the solar market growing and allow our schools, businesses, farms, water agencies, and other public facilities to continue to access clean, reliable solar energy and battery storage.

Sincerely,
Gabe Quinto, Mayor
City of El Cerrito
Cc: Governor Newsom, City Council, City Manager
Agenda Packet Page 34 of 141

AGENDA BILL
Agenda Item No. 5.H.

Date: November 1, 2022
To: El Cerrito City Council
From: Holly M. Charléty, City Clerk, City Management
Subject: Temporary Suspension of Advisory Body Pre-Meeting Requirement

ACTION PROPOSED
Pass a motion authorizing the City Clerk to suspend the pre-meeting requirement adopted by Resolution 2021-55 through the end of Fiscal Year 2022.

BACKGROUND
On October 19, 2021, the City Council adopted Resolution 2021-55 modifying the application and appointment process for City Boards, Commissions, and Committees (Advisory Bodies). This included a new provision that persons interested in appointment would be required to attend two of the last three meetings of the advisory board applied for prior to submitting an application of interest to the City Clerk.

City staff has identified an unintended outcome of implementing this pre-meeting requirement. When an advisory body has substantial vacancies and no longer has a quorum of members to meet, interested individuals cannot meet the requirements to be considered for appointment. This creates circumstances that would not allow the advisory body to fill its vacancies. As of October 25, 2022, the City is experiencing this circumstance with the Arts and Culture Commission which currently has 5 out of 7 member seats vacant, and no longer has the minimum required members in order to hold a meeting.

Other advisory bodies with low attendance that are a concern include the Human Relations Commission with 4 vacancies, Park and Recreation with 3 vacancies, and Planning Commission with 2 vacancies. In addition to the high number of current vacancies across all advisory bodies, an additional 20 seats are set to expire on March 1, 2023. The City Clerk's office is set to begin annual recruitment efforts for these vacancies at the beginning of November.

With the current number of vacancies, City staff is proposing that the City Council allow the temporary suspension of the pre-meeting requirement through June 30, 2023. This will allow staff to conduct the annual recruitment and work on reducing the number of vacancies without the pre-meeting requirement. Thereafter, the pre-meeting rule can be evaluated and discussed with the City Council during a planned Advisory Body study session in the new fiscal year.

ANALYSIS
The City currently has a total of 13 Boards, Commissions and Committees with a total of 123 volunteer positions. As of today, the City has a total of 46 existing vacancies. In Agenda Packet Page 35 of 141
Agenda Item No. 5.H.

November of 2021 the total was 30 vacancies, and in November of 2020 vacancies totaled 35. In addition, there are 20 terms that are set to expire on March 1, 2023.

Over the years, there has been continuous efforts to recruit interested residents to serve on City Advisory Bodies. Similar to the job market, 2022 has proved to be particularly challenging in successfully recruiting individuals to serve. Outreach efforts have been expanded this year due to the rising number of vacancies. Efforts include advertising in the newspaper, the City Manager’s Update, and on all social media platforms; posting notices at City facilities and park clubhouses and on public bulletin boards at El Cerrito businesses; sharing information flyers at community events such as National Night Out; placing brochures in mini-libraries and City building lobbies; and targeted messaging for different advisory bodies opportunities.

Despite a focus on outreach, the City Clerk’s office has seen a significant decline in applications received. During the most recent 12 months, a total of 21 new applications were submitted, whereas during the 12 month period prior to the pre-meeting rule adoption 51 new applications were received. City staff feel that temporary suspension of the pre-meeting rule may increase the number of applications received during the annual recruitment process. If the City Council agrees to suspend the rule, the City Clerk would still strongly encourage applicants to attend meetings prior to application, but would not require it.

STRATEGIC PLAN CONSIDERATIONS
This action aligns with Strategic Plan Goal A: Deliver Exemplary Government Services by maintaining an emphasis on providing excellent customer service.

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.

Reviewed by:

Karen Pinkos, City Manager
Agenda Packet Page 36 of 141

AGENDA BILL
Agenda Item No. 5.I.

Date: November 1, 2022
To: El Cerrito City Council
From: Stephen Prée, Environmental Programs Manager/City Arborist; Will Provost, Operations and Environmental Services Division Manager; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Subject: State Coastal Conservancy Grant Funding for the Hillside Natural Area Fire Resilience and Forest Conservation Management Plan

ACTION PROPOSED
Adopt a resolution approving the grant of funds in the amount of $145,000 from the State Coastal Conservancy for the Hillside Natural Area Fire Resilience and Forest Conservation Management Plan.

BACKGROUND
Over several years, community concerns regarding fire risk in the City of El Cerrito's Hillside Natural Area (HNA) and surrounding residential communities have significantly increased. The City has responded with ongoing and increased vegetation maintenance activities, completing work largely based on planning efforts that were completed many years ago, including the 1994 City of El Cerrito Hillside Natural Area Fire Hazard Reduction Plan. However, the need for more robust, comprehensive, and balanced vegetation management practices became increasingly evident and was identified in the City’s 2015 Urban Greening Plan. Additionally, in 2019, the El Cerrito Parks and Recreation Facilities Master Plan specifically called for action to “support the El Cerrito-Kensington Wildfire Action Plan goals and policies by creating defensible spaces, increasing weed abatement, and managing dead or diseased trees and other vegetation, especially in the Hillside Natural Area”. El Cerrito voters passed a measure (Measure H) to further fund park maintenance activities that same year and the City has since increased its fire fuel reduction and vegetation management activities, in part with these park maintenance funds. Given the ongoing and historic drought, rising global temperatures and community concerns regarding the risk of wildfire, an updated plan with the required environmental site analysis is needed now to guide the City in performing and budgeting for the most effective, sustainable, and cost efficient fuel reduction and forest conservation activities.

In December 2021, Urban Forest Committee (UFC) members informed City staff of a State of California Coastal Conservancy Wildfire Resilience grant opportunity that had the potential to support needed planning work for the HNA. Together, UFC members and City staff, working across departments, prepared a preliminary application, proposing to use grant funding to develop a Fire Resilience and Forest Conservation Management Plan for the HNA based on the City Council-adopted Urban Greening Agenda Packet Page 37 of 141
Agenda Item No. 5.I.

Plan and Parks and Recreation Facilities Master Plan. City staff finalized and submitted the preliminary application in January 2022. Subsequently, the State Coastal Conservancy (SCC) invited the City to submit a full application due in May 2022, which City staff completed and submitted. SCC staff then made a recommendation to its Board to award grant funds for the HNA Fire Resilience and Forest Conservation Management Plan at their September 22, 2022 meeting, and the Board awarded the grant. On September 30, 2022, the City received a notification from the SCC that the City's application was approved and was advised on next steps to proceed with the grant, including that the El Cerrito City Council would need to approve a resolution accepting the grant funds.

ANALYSIS
The Coastal Conservancy Wildfire Resilience Capacity Building Grant will fund the development of a thorough Fire Resilience and Forest Conservation Management Plan (Plan) with the objective of providing guidance for fire hazard mitigation projects including fuel load reduction, fuel break maintenance, emergency access, fire prone invasive species removal and management, as well as the potential reintroduction of limited prescribed burn activities. The Plan will also guide forest conservation activities that restore native fire-resilient plant communities and enhance the endemic Coast Live Oak and riparian woodlands. The Plan will identify measures to protect critical habitats, watersheds, and resource areas. The Plan will address emergency access and public recreation in the HNA by evaluating access improvements, connectivity and enhancements to the trail network that connects natural features, schools, and other community assets, including a preliminary plan for potential expansion of the existing trail system. The Plan will include an Initial Study (IS) and a Mitigated Negative Declaration (MND), if applicable, pursuant to the California Environmental Quality Act (CEQA). Importantly, the Plan will develop these components while completing a robust community engagement process to solicit input and meaningful engagement on how the HNA should be managed into the future.

The grant will provide funding for the City to retain a qualified consulting firm (Consultant) to develop a Plan that will guide the City’s future fire hazard reduction and native plant conservation activities. City staff will prepare a request for proposals (RFP) and conduct a selection process to identify the most qualified Consultant to prepare the Plan, engage City staff, community stakeholders and the public, and prepare environmental documents as described above. The estimated timeline for development of the Plan is summarized below.

Estimated Plan Development Timeline
# Project Task Description Timeline
1 Request for
Proposals (RFP)
a) Write and release an RFP for the Plan
b) Select and hire, with City Council approval, a
consultant to complete the steps below
Fall -
Winter
2022/23
Agenda Packet Page 38 of 141
Agenda Item No. 5.I.
2 Assess project
site and prepare
management
options
a) Project initiation with Consultant and City staff
b) Resources assessment, biological resources field
assessment, wetland delineation, fuels and fire
hazard assessment, cultural and social value of
project area, evaluation of service roads,
infrastructure, and public access
c) Meet with selected City Committees and
Commissions and stakeholder groups
d) Recommendations and development of a
management prescription
e) Draft fire hazards mitigation and native
woodland/vegetation conservation and
enhancement plan
Winter -
Spring
2023
3 CEQA analysis
and preparation
of Admin Draft
IS/MND
Preparation of draft Initial Study (IS)/Mitigated
Negative Declaration (MND). Public review of draft
IS/MND.

Spring -
Summer
2023
4 Stakeholder
outreach and
review
Public draft of fire/native vegetation conservation
and enhancement plan, stakeholder workshops and
comments, and finalize Plan.

Fall 2023
- Spring
2024
5 Consideration by
City Council
City Council consideration to adopt Final Plan By
Summer
2024

STRATEGIC PLAN CONSIDERATIONS
Approving the grant of funds to develop an HNA Fire Resilience and Forest Conservation Management Plan will help realize City of El Cerrito Strategic Plan Goal C: Deepen a Sense of Place and Community and Goal D: Develop and Rehabilitate Public Facilities as Community Focal Points by providing guidance for the long-term planning and conservation of one of the City's most treasured and unique natural assets. The Plan will also help support Goal E: Ensure the Public's Health and Safety by strategizing effective fire resilience work and Goal F: Foster Environmental Sustainability Citywide by conducting environmental analyses (CEQA) and planning for the protection and management of endemic tree and plant communities with their associated environmental benefits.

ENVIRONMENTAL CONSIDERATIONS
The action to accept the grant funds and develop the Plan is statutorily exempt from CEQA under 14 CCR Section 15262 (Feasibility and Planning Studies) because it involves development of a management plan and related CEQA documentation for possible future actions that have not yet been funded or approved. To support the City in completing the projects identified in the Plan, the Consultant will prepare an Initial Agenda Packet Page 39 of 141
Agenda Item No. 5.I.

Study (IS) in accordance with CEQA Guidelines Appendix G, and if applicable the Consultant will prepare a Mitigated Negative Declaration (MND) to be attached to the IS.

FINANCIAL CONSIDERATIONS
The creation of this comprehensive Fire Resilience and Forest Conservation Management Plan will be guided by an experienced consulting firm that is familiar with local conditions and who has developed plans similar in scope and process. In 2019, the El Cerrito Fire Department solicited proposals from qualified consulting firms to develop a similar comprehensive fire management plan that resulted in a specific task outline and cost estimates. Unfortunately, the City was unable to secure the funds to complete the plan at that time. Those cost estimates have been updated jointly for the purpose of this grant application by a consultant and by City staff and cost assumptions have been made in regard to the addition of forest conservation maintenance prescriptions and trail network analysis, but these costs are only estimates.

The grant award amount ($145,000) is intended to pay for all the costs for the Consultant to produce the Plan based on a specific task outline with a contingency that will allow for the selection of the most qualified consultant. The grant has no “local match” requirement, meaning that the City is not required to provide funds in any specific amount to be eligible to receive the full grant award. However, the final grant amount will be based on the actual Consultant costs after completion of the RFP. The Public Works Department will be able to manage the planning effort with existing staff.

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

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution
Agenda Packet Page 40 of 141
RESOLUTION 2022-XX

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

THE GRANT OF FUNDS FROM THE STATE COASTAL CONSERVANCY FOR THE

HILLSIDE NATURAL AREA FIRE RESILIENCE AND FOREST CONSERVATION MANAGEMENT PLAN IN THE AMOUNT OF $145,000
WHEREAS, the Legislature of the State of California has established the State Coastal Conservancy (“Conservancy”) under Division 21 of the California Public Resources Code, and has authorized the Conservancy to award grants to public agencies and nonprofit organizations to implement the provisions of Division 21; and WHEREAS, the Conservancy awards grants for projects that it determines are consistent with Division 21 of the Public Resources Code and with the Conservancy’s Strategic Plan and that best achieve the Conservancy’s statutory objectives, in light of limited funding; and
WHEREAS, at its September 22, 2022, meeting, the Conservancy adopted a resolution authorizing a grant to the City of El Cerrito (“grantee”) for the Hillside Natural Area Fire Resilience and Forest Conservation Management Plan (“the project”). The resolution was adopted by the Conservancy pursuant to and is included in the Conservancy September 22, 2022 staff recommendation, a copy of which is on file with the grantee and with the Conservancy; and
WHEREAS, the Conservancy requires that the governing body of the grantee certify through a resolution that it approves the award of Conservancy grant funding and authorizes the execution by a representative of the grantee of a grant agreement on terms and conditions required by the Conservancy grant agreement for the Hillside Natural Area Fire Resilience and Forest Conservation Management Plan in the amount of $145,000.

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

1. Approves the award of grant funding from the Conservancy for the project.

2. Acknowledges that it has or will have sufficient funds to complete the project and, if any property is acquired as part of the project to operate and maintain the property, and, if any facilities are constructed as a part of the project, to operate and maintain the facilities for a reasonable period, not less than the useful life of the facilities.

3. Agrees to be bound by all terms and conditions of the grant agreement and any other agreement or instrument as may be required by the Conservancy and as may be necessary to fulfill the terms of the grant agreement and to complete the project.

4. Authorizes the City Manager of the City of El Cerrito to act as a representative of the grantee, to negotiate and execute on behalf of the grantee all agreements and instruments necessary to complete the project and to comply with the Conservancy's grant requirements, including, without limitation, the grant agreement.

Agenda Packet Page 41 of 141
BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon passage and adoption.

I CERTIFY that at a regular meeting on November 1, 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 November , 2022.
________________________
Holly M. Charléty, City Clerk
APPROVED:
________________________
Gabe Quinto, Mayor
Agenda Packet Page 42 of 141

AGENDA BILL
Agenda Item No. 5.J.

Date: November 1, 2022
To: El Cerrito City Council
From: Roland Lambert, Acting Engineering Manager/Senior Engineer, Public Works Department; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Subject: Consultant Services Agreements for On-Call Transportation Engineering Services

ACTION PROPOSED
Adopt a resolution authorizing the City Manager to execute consultant services agreements with four consultant firms, Fehr & Peers, W-Trans, CHS Consulting Group, and TJKM, to provide on-call transportation engineering services for three years with an option to extend for an additional two years in an amount not to exceed $200,000 per fiscal year for each agreement.

BACKGROUND
The City regularly requires the services of consultant firms to perform transportation engineering and related work for various projects and programs. This type of work is usually variable in scope and may be short-term assignments or may be part of larger capital or planning projects. As such, on-call agreements with consultant firms are appropriate to allow for prompt procurement of services as needs arise. Many cities choose to enter into on-call agreements with multiple firms in order to assure that specialties are met and that any one consultant’s workload limits will not prevent a city from meeting its needs.

For the past five years, the City of El Cerrito has had on-call agreements with three firms, Fehr & Peers, W-Trans and Wood Rodgers, Inc. (Resolution No. 2017-23). The agreement terms expired earlier this year. New on-call agreements are therefore needed to meet current and upcoming demands for transportation engineering and related services.

ANALYSIS
On August 8, 2022, City staff issued a Request for Qualifications (RFQ) seeking qualified consultants to provide on-call transportation engineering and related services.

Consultants were invited to submit a Statement of Qualifications (SOQ) demonstrating their ability to perform the following services:
 Traffic Control & Safety Evaluation and Implementation  Traffic Control Plans
 Traffic Calming/Neighborhood Traffic Management
 Speed Zoning
Agenda Packet Page 43 of 141
Agenda Item No. 5.J.
 Traffic Operations and Safety Analysis
 Traffic Signal Timing and Design
 Pedestrian Planning and Design
 Bicycle Planning and Design
 Complete Streets/Context Sensitive Solutions
 Active Transportation
 Roadway and Streetscape Design
 Parking Analysis
 Transportation Planning
 Transportation Impact Assessment
 Transportation Impact Fees and Analysis
 Transportation Demand Management
The RFQ was posted on the City’s website and emailed to approximately 50 transportation engineering firms on the City’s consultant list. Six SOQs were submitted by the due date of August 29, 2022. City staff from the Public Works and Community Development Departments reviewed the SOQs based on the following evaluation criteria provided in the RFQ:
 Presentation, completeness, clarity, organization, and conformance to the RFQ content and format requirements. (10%)
 Demonstrated ability, based on firm experience and specific experience of the project manager and proposed team, to provide technical assistance on a broad range of the transportation engineering services listed in the RFQ. (30%)  Demonstrated ability, based on firm experience and specific experience of the project manager and proposed team, for problem solving, development of solutions, project management, and quality control/quality assurance, to successfully manage multiple projects of varying sizes. (30%)  Prior experience and ability to work with City staff, community groups and other stakeholders, and translating various requirements and interests into successful projects. (15%)
 Availability and depth of staff and resources to deliver quality products on schedule, including work on short notice and under time constraints. (15%) Given El Cerrito’s recent and increasing demand for transportation services, including efforts associated with the El Cerrito Plaza BART Station Transit-Oriented Development for which a grant has been secured, City staff is recommending that the City enter into agreements with four firms, one more than the prior consultant selection process. The four firms that rose to the top of the list are Fehr & Peers, W-Trans, CHS Consulting Group, and TJKM. These firms possess the areas of expertise listed above, have recent experience providing on-call services for municipalities, and have resources and staffing to complete assignments on a timely basis.

The agreement with each firm will be based on the City’s standard and crafted as a master agreement, with specific scope of services, schedule, and cost to be determined on a task order basis. The agreements have an initial term of three years with an option Agenda Packet Page 44 of 141
Agenda Item No. 5.J.
to extend for up to two additional years. This timeframe will allow the City and the respective consultants to deliver projects and programs, efficiently and effectively, to better serve the City’s residents, businesses and other stakeholders. The firms have submitted billing rate sheets for the various skill levels and specific team members listed in their SOQs, along with other charge conditions such as direct costs and mileage.

These have been reviewed by staff and found to be reasonable based on the prior oncall agreements for transportation engineering services.

As needs arise, one or more of the firms will be asked to provide a proposal detailing the scope, schedule, and fee for an individual task, depending on its complexity and specialty required. Once a proposal is agreed upon, the Public Works Director will issue a task order and work will begin.

STRATEGIC PLAN CONSIDERATIONS
Completing various transportation engineering and related services in a professional, efficient, and timely manner is consistent with El Cerrito Strategic Plan Goal A of Delivering Exemplary Government Services.

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

FINANCIAL CONSIDERATIONS
Each on-call agreement will have a not-to-exceed limit of $200,000 per year. However, an executed agreement does not guarantee any task orders will be issued and a firm will only perform work that has been approved in a task order. Each task order will be subject to funding available for a specific project in the Capital Improvement Program or department operating budgets, which are both approved by the City Council as part of the annual budget.

Most of the project and operational expenses will be paid for by Special Funds, such as SB 1 Road Maintenance and Rehabilitation, or grants. General Fund expenses, if any, would be subject to City Council approval as described above.

If the cost of any one task exceeds $200,000 in any one fiscal year or, if a series of task orders with one firm exceed $200,000, staff will present additional information and analyses to the City Manager and/or City Council for consideration per the City’s procurement policy.

LEGAL CONSIDERATIONS
The City Attorney has reviewed the proposed action and found that legal considerations have been addressed. In addition, the City Attorney will review and approve the final professional services agreements.

Agenda Packet Page 45 of 141
Agenda Item No. 5.J.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution
Agenda Packet Page 46 of 141
RESOLUTION 2022-XX

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

THE CITY MANAGER TO EXECUTE CONSULTANT SERVICES AGREEMENTS WITH

FOUR FIRMS, FEHR & PEERS, W-TRANS, CHS CONSULTING GROUP, AND TJKM,

TO PROVIDE ON-CALL TRANSPORTATION ENGINEERING SERVICES
WHEREAS, the City regularly requires the services of consultant firms to perform transportation engineering and related work for a variety of projects and programs; and WHEREAS, it is customary for a city to enter into one or more agreements for these services on an as-needed basis; and
WHEREAS, the City released a Request for Qualifications (RFQ) for On-call Transportation Engineering Services on August 8, 2022; and WHEREAS, the RFQ was posted on the City’s website and emailed to approximately 50 firms on the City’s consultant list; and WHEREAS, six firms submitted Statement of Qualifications (SOQs) by the due date of August 29, 2022; and
WHEREAS, City staff evaluated the SOQs based on the criteria contained in the RFQ and ranked Fehr & Peers, W-Trans, CHS Consulting Group, and TJKM as the most qualified for the requested services; and
WHEREAS, City staff recommends that the City enter into agreements with these firms due to the high demand of a variety of upcoming projects and programs; and WHEREAS, as needs arise, one or more of the firms will be asked to propose on the scope, schedule, and fee for an individual task and, once a proposal is agreed upon, the Public Works Director will issue a task order and work will begin; and WHEREAS, the agreed upon proposal for each task order will be subject to funding available for that project in the Capital Improvement Program or department operating budgets.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that it hereby authorizes the City Manager to execute consultant services agreements with four firms, Fehr & Peers, W-Trans, CHS Consulting Group, and TJKM, to provide on-call transportation engineering services for three years with an option to extend for an additional two years in an amount not to exceed $200,000 per fiscal year for each agreement.

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

Agenda Packet Page 47 of 141
I CERTIFY that at a regular meeting on November 1, 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 November , 2022.
________________________
Holly M. Charléty, City Clerk
APPROVED:
________________________
Gabe Quinto, Mayor
Agenda Packet Page 48 of 141

AGENDA BILL
Agenda Item No. 5.K.

Date: November 1, 2022
To: El Cerrito City Council
From: Beth Frazer, Recreation Supervisor, Recreation Department; Christopher Jones, Recreation Director, Recreation Department
Subject: General Services Agreement for Maintenance at the El Cerrito Swim Center

ACTION PROPOSED
Adopt a resolution rejecting the bid received from USA Management LLC and accepting the other two submitted bids; and authorizing the City Manager to execute an agreement with Two Brother’s Pool and Spa in an annual amount not to exceed $60,000 in Fiscal Year 2022-23 to provide pool maintenance services for a period of three years, with the option to annually extend the contract for three years thereafter, contingent upon funding being appropriated by the City Council in future City budgets.

BACKGROUND
The City contracts with a dedicated pool maintenance company to help maintain the El Cerrito Swim Center Pools. This includes three bodies of water: Emery G. Weed III Lap Pool which operates year-round, the Activity Pool which operates eight months out of the year but needs to be maintained year-round, and the Splash Park which operates eight months out of the year. The City has had a contract with Two Brother’s Pool and Spa since 1998 for these services. Their contract is expired, therefore a Request for Proposal (RFP), utilizing an informal bid process, was completed. This contract is primarily for the daily maintenance services of the pools including testing and adjusting chemicals, checking equipment, repairs of certain equipment, and being on call for maintenance and repairs. Costs for these services have been an average of $49,300 per year depending on needed repairs and chemical costs.

With the term of the contract expiring, and to ensure the City continues to receive quality pool maintenance services at the best value, on September 14, 2022, the City’s Recreation Department released an RFP for pool maintenance services. The RFP was posted on the City website and emailed to 14 pool maintenance services companies.

The RFP requested proposals for services for an initial agreement term of three years, with three possible annual extensions.

ANALYSIS
By the due date on October 5, 2022, the City received three proposals. Proposals were evaluated based on demonstrated experience on comparable projects, experience of key personnel, project references, licensing and registration requirements and cost proposal. One company, USA Management LLC, failed to provide some of the information including licenses, a description of the company’s experiences, business operations, certification, and proof of insurance. In consultation with the City Attorney, Agenda Packet Page 49 of 141
Agenda Item No. 5.K.

City staff found these omissions to be material and recommends that the City Council reject the bid from USA Construction as non-responsive. The cost proposal submittals were prioritized by Staff as a measure to indicate which contractor could provide expert services to the pools with the City’s available budget. The cost proposals for the pools are summarized below:

Table 1: Summary of Annual Pool Maintenance Services Proposals Service Items The Pool Service Specialist Two Brother’s Pool and Spa
Lap Pool $5,000 $2,070
Activity Pool (~8
months)
$1,000 $1,395
Splash Park (~8
months)
$250 $900
Repair/Emergency/On
-Call Work
$65 $140
Response Time 2 hours 1 hour
Other Did not submit $3,600/year Calcium
Chloride*
Other Did not submit $5,000/year Sodium
Bicarbonate**
Average
Total/Month (not
including On Call
Work or other costs)
$5,833.33 $3,600.00
(*) Raises calcium levels of water
(**) Raises and stabilizes pH and alkalinity in water
The RFP asked for a per month estimate per pool, which the dollar amounts above reflect. The RFP also asked for on-call emergency per hour fees and any other additional costs. While it is difficult to anticipate unforeseen repair needs and costs, this information was used to compare the baseline and projected costs for each vendor. It is also worth noting that the two bids included auto-insurance liability coverage in the amount of $1,000,000 per occurrence rather than $2,000,000 per occurrence as indicated in the sample contract included in the RFP. Acting as the Risk Manager, the City Attorney has approved changing the amount in the executed contract to $1,000,000 coverage for auto-insurance per occurrence.

Two Brother’s Pool and Spa’s per month pricing in sum is lower than the other bid received. They have also effectively provided the pool maintenance services for the Agenda Packet Page 50 of 141
Agenda Item No. 5.K.

City since 1998 and are the current contractors. By awarding them the contract, they will be able to continue day-to-day pool maintenance services with no interruption to operations.

Two Brother’s Pool and Spa has 25 years of experience maintaining commercial swimming pools. They are experienced in plumbing and electrical work, both of which are crucial for pump room operations. They also understand and can effectively operate our heater, filter, pump, and chemical system. They currently manage the daily maintenance of 50 commercial properties in the Bay Area.

In summary, based on the thorough evaluation process described above, staff is recommending that the City Council approve an agreement with Two Brother’s Pool and Spa for pool maintenance service at the El Cerrito Swim Center effective November 1, 2022 for a period of three years, with an option to annually extend three years thereafter, for a cost not to exceed $60,000 per fiscal year which includes the cost of routine maintenance, anticipated unscheduled services and chemical costs, and approximately a 15% contingency to account years with more unscheduled maintenance than the average.

STRATEGIC PLAN CONSIDERATIONS
Engaging the pool maintenance services of Two Brother’s Pool and Spa is consistent with the following El Cerrito Strategic Plan Goals:

Goal A – Deliver exemplary government services by ensuring the City’s pool is well maintained and less likely to close due to maintenance issues.

Goal C – Deepen a sense of place and community identity by maintaining the pool in operable conditions for the community to enjoy recreational and leisure activities for people of all ages and demographics.

Goal E – Ensure the public’s health and safety by maintaining the pool in operable conditions for the community to swim and maintain a healthy lifestyle.

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

FINANCIAL CONSIDERATIONS
Funding for pool maintenance services provided by Two Brother’s Pool and Spa in the annual amount not to exceed $60,000 is included in the Adopted Fiscal Year 2022-23 Budget in the Measure H (207) Fund.

In future years, the annual cost of pool maintenance services will be contingent upon funding being appropriated by the City Council. The not-to-exceed amount provided Agenda Packet Page 51 of 141
Agenda Item No. 5.K.
under the proposed agreement with Two Brother’s Pool and Spa can be adjusted by the contractor consistent with the Consumer Price Index for the San Francisco-OaklandHayward region, All Items (Series CUURS49BSA0 or equivalent) a maximum of one time annually.

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

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution

2. Draft Agreement
Agenda Packet Page 52 of 141
RESOLUTION 2022 - XX

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

THE BID SUBMITTED BY USA MANAGEMENT LLC AS NON-RESPONSIVE AND ACCEPTING THE OTHER TWO SUBMITTED BIDS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TWO BROTHER’S POOL AND SPA IN AN AMOUNT NOT TO EXCEED $60,000, IN FISCAL YEAR 2022-23, TO PERFORM POOL MAINTENANCE SERVICES, EFFECTIVE NOVEMBER 1, 2022, FOR THREE

YEARS WITH AN OPTION TO ANNUALLY EXTEND FOR AN ADDITIONAL THREE

YEARS THEREAFTER
WHEREAS, the City of El Cerrito is responsible for maintaining the Swim Center pools; and
WHEREAS, on September 14, 2022, the City, utilizing the informal bid process, issued a Request for Proposals (RFP) from qualified pool services companies to provide pool maintenance services for the El Cerrito Swim Center; and WHEREAS, the RFP was posted to the City’s website on September 14, 2022 and emailed directly to 14 pool services companies; and
WHEREAS, the RFP called for the daily maintenance services of the pools including testing and adjusting chemicals, checking equipment, repairs of certain equipment, and being on call for maintenance and repairs; and WHEREAS, the City received three proposals from qualified companies by the October 5, 2022 due date; and
WHEREAS, the bid submitted by USA Management LLC had omissions making the bid non-responsive; and
WHEREAS, upon consideration of competitive pricing, performance of similar work for the City and/or for other clients, and the experience, licensing and certification of key personnel, the selection committee determined that the proposal received from Two Brother’s Pool and Spa best fits the needs of the City; and WHEREAS, the cost for Two Brother’s Pool and Spa to provide pool maintenance services in Fiscal Year (FY) 2022-23 is estimated not to exceed $60,000 which includes the costs of routine maintenance, unscheduled repairs and other work, emergency callouts and some pool chemicals; and WHEREAS, funding for these services is provided in the Adopted FY 2022-23 Budget including in the Measure H Fund; and
WHEREAS, the cost of pool maintenance services provided by Two Brother’s Pool and Spa under the agreement can be adjusted consistent with the Consumer Price Index for the San Francisco-Oakland-Hayward region, a maximum of one time annually.

Agenda Packet Page 53 of 141
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito hereby:

1. Rejects the bid submitted by USA Management LLC as non-Responsive; and

2. Authorizes the City Manager to execute an agreement with Two Brother’s Pool and Spa in an initial amount not to exceed $60,000 annually to perform pool maintenance services, effective November 1, 2022, for three years with an option to annually extend the contract for an additional three years thereafter, contingent upon funding being appropriated by City Council in future City budgets.

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

I CERTIFY that at a regular meeting on November 1, 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 November__, 2022.
_____________________
Holly M. Charléty, City Clerk
APPROVED:
________________________
Gabe Quinto, Mayor
Agenda Packet Page 54 of 141

GENERAL SERVICES AGREEMENT BETWEEN

THE CITY OF EL CERRITO AND
TWO BROTHER’S POOL AND SPA
This agreement for General Services (“Agreement”) is entered into on November 1, 2022 (the “Effective Date”) between the CITY OF EL CERRITO, a municipal corporation, with offices located at 7007 Moeser Lane, El Cerrito, California (“City”) and TWO BROTHER’S POOL AND SPA (“Contractor”) (together sometimes referred to as the “Parties”).

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

1.1 Term of Services. This Agreement shall begin on the Effective Date and shall end June 31, 2025 unless the term of the Agreement is otherwise terminated or modified, as provided for herein. The term of the agreement shall be extended for up to three (3) additional one (1) year terms with the extensions to commence upon the expiration of the initial term or any extended term unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any extended term of its intent to terminate the agreement at the conclusion of the initial term or any extension. Funding for services beyond $60,000 will be included in future City budgets but is subject to City Council approval of annual appropriations.

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

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

1.4 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. In the event of termination, Contractor shall be entitled to compensation for services satisfactorily completed as of the date of written notice of termination; City, however, may condition payment of such compensation upon Contractor delivering Agenda Packet Page 55 of 141
General Services Agreement between November 1, 2022
The City of El Cerrito and Two Brother’s Pool and Spa Page 2 of 13 to City documents and records identified in Section 10.1 of this Agreement.

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

Section 2. COMPENSATION. City hereby agrees to pay Contractor for the Scope of Services, whether by fixed price, hourly rates subject to a fixed rate schedule, pursuant to the fee schedule attached as Exhibit B, which is incorporated herein. Total compensation for work performed under this Agreement, NOT TO EXCEED $60,000 in Fiscal Year 2022-23. Contractor’s compensation shall be allowed to increase annually starting July 1, 2023, by the prior 12-month average for the San Francisco-OaklandHayward region, All Items Consumer Price Index (Series CUURS49BSA0 or equivalent). Contractor shall notify the City by May 1 of each year of the proposed adjustment for the following year.

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

2.2 Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

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

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

Agenda Packet Page 56 of 141
General Services Agreement between November 1, 2022
The City of El Cerrito and Two Brother’s Pool and Spa Page 3 of 13 Section 3. CHANGES AND EXTRA SERVICES.

3.1 Provided that City gives reasonable advance notice to Contractor, City may propose in writing changes to Contractor’s work within the Scope of Services described. If Contractor is of the opinion that any proposed change causes an increase or decrease in the cost, or a change in the schedule for performance, of the services, Contractor shall notify City in writing of that fact within five (5) days after receipt of written proposal for changes. Contractor may also initiate such notification, upon identifying a condition which may change the Scope of Services as agreed at the time of execution of this Agreement covering such Scope of Services. When and if City and Contractor reach agreement on any such proposed change and its effect on the cost and time for performance, they shall confirm such agreement in writing as an amendment to this Agreement. In the event the Parties cannot reach agreement as to the proposed change, at the City’s sole discretion, Contractor shall perform such work and will be paid for labor, materials, equipment rental, etc., actually used to perform the work.

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

Section 4. PROJECT SITE. Contractor shall perform the Services in such a manner as to cause a minimum of interference with City’s operations and the operations of other contractors at each Project site and to protect all persons and property thereon from damage or injury. Upon completion of the Services at a Project site, Contractor shall leave such Project site clean and free of all tools, equipment, waste materials and rubbish. Each Project site may include all buildings, offices, and other locations where Services are to be performed, including any access roads. Contractor shall be solely responsible for the safe transportation and packing in proper containers and storage of any equipment required for performing the Services, whether owned, leased or rented.

City will not be responsible for any such equipment which is lost, stolen or damaged or for any additional rental charges for such equipment. Equipment left or stored at a Project site, with or without permission, is at Contractor’s sole risk. City may assume that anything left on the work site an unreasonable length of time after said work is completed has been abandoned. Any transportation furnished by City shall be solely as an accommodation and City shall have no liability, therefore. Contractor acknowledges and agrees that it shall assume the risk and is solely responsible for its use of any City owned equipment and property provided by City for the performance of Services. City shall have no liability to Contractor therefore. In addition, Contractor further acknowledges and agrees that it shall assume the risk and is solely responsible for its owned, non-owned and hired automobiles, trucks or other motorized vehicles as well as Agenda Packet Page 57 of 141
General Services Agreement between November 1, 2022
The City of El Cerrito and Two Brother’s Pool and Spa Page 4 of 13 any equipment, tolls, or other property which is utilized by Contractor on each Project site.

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

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

5.2 Commercial General and Automobile Liability Insurance. Contractor shall maintain commercial general insurance for the term of this Agreement in an amount not less than Two Million Dollars ($2,000,000.00) and automobile liability for the term of this Agreement in an amount not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and nonowned automobiles. The City shall be named as an additional insured and insurance shall provide primary coverage with respect to the City by written endorsement to the policy.

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

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

5.4 [Intentionally deleted.]

5.5 All Policies Requirements.

Agenda Packet Page 58 of 141
General Services Agreement between November 1, 2022
The City of El Cerrito and Two Brother’s Pool and Spa Page 5 of 13

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

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

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

Section 6. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES.

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

The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has Agenda Packet Page 59 of 141
General Services Agreement between November 1, 2022
The City of El Cerrito and Two Brother’s Pool and Spa Page 6 of 13 been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.

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

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

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

Section 7. STATUS OF CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of Contractor’s services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 8. LEGAL REQUIREMENTS.

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

Agenda Packet Page 60 of 141
General Services Agreement between November 1, 2022
The City of El Cerrito and Two Brother’s Pool and Spa Page 7 of 13

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

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

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

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

8.5 Work Requiring Payment of Prevailing Wages. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code must be paid to all workers engaged in performing the Work. Copies of such prevailing rate of per diem wages can be found at the following website:
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm
All contractors and subcontractors who bid or work on a public works project over amounts specified under California Labor Code Section 1725.5(f) must register and pay an annual fee to Department of Industrial Relations (DIR) pursuant to California Labor Code section 1725.5.

Information regarding DIR registration can be found at the following website: https://www.dir.ca.gov/public-works/publicworks.html Contractor agrees, in accordance with Section 1771.1 of the California Labor Code, that contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and Agenda Packet Page 61 of 141
General Services Agreement between November 1, 2022
The City of El Cerrito and Two Brother’s Pool and Spa Page 8 of 13 qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor agrees, in accordance with Section 1771.4 of the California Labor Code, this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Section 9. MODIFICATION.

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

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

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

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

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

9.5.1 Immediately terminate the Agreement;

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

9.5.3 Retain a different Contractor to complete the Services not finished by Contractor; or
Agenda Packet Page 62 of 141
General Services Agreement between November 1, 2022
The City of El Cerrito and Two Brother’s Pool and Spa Page 9 of 13

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

Section 10. KEEPING AND STATUS OF RECORDS.

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

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

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

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

Section 11. WARRANTY.

11.1 In addition to any and all warranties provided or implied by law or public policy, Contractor warrants that all Services (including but not limited to all equipment and materials supplied in connection therewith) shall be free from defects in design and workmanship, and that Contractor shall perform Agenda Packet Page 63 of 141
General Services Agreement between November 1, 2022
The City of El Cerrito and Two Brother’s Pool and Spa Page 10 of 13 all Services in accordance with all applicable engineering, construction and other codes and standards, and with the degree of high professional skill normally exercised by or expected from recognized professional firms engaged in the practice of supplying services of a nature similar to the Services in question. Contractor further warrants that, in addition to furnishing all tools, equipment and supplies customarily required for performance of work, Contractor shall furnish personnel with the training, experience and physical ability, as well as adequate supervision, required to perform the Services in accordance with the preceding standards and the other requirements of this Agreement. In addition to all other rights and remedies which City may have, City shall have the right to require, and Contractor shall be obligated at its own expense to perform, all further services which may be required to correct any deficiencies which result from Contractor’s failure to perform any Services in accordance with the standards required by this Agreement. Moreover, if, during the term of this Agreement (or during the one (1) year period following the term hereof), any equipment, goods or other materials or Services used or provided by Contractor under this Agreement fail due to defects in material and/or workmanship or other breach of this Agreement, Contractor shall, upon any reasonable notice from City, replace or repair the same to City's satisfaction.

Unless otherwise expressly permitted, all materials and supplies to be used by Contractor in the performance of the Services shall be new and best of kind.

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

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

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

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

Agenda Packet Page 64 of 141
General Services Agreement between November 1, 2022
The City of El Cerrito and Two Brother’s Pool and Spa Page 11 of 13

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

12.4 City, or their representatives, shall periodically monitor the safety performance of the Contractor working on the Project. All Contractors and their subcontractors shall be required to comply with the safety and health obligations as established in the Agreement. Non-compliance with safety, health, or fire requirements may result in cessation of work activities, until items in non-compliance are corrected. It is also expressly acknowledged, understood and agreed that no payment shall be due from City to Contractor under this Agreement at any time when, or for any Services performed when, Contractor is not in full compliance with this Section 10.

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

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

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

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

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

12.9 Contractor shall, at the sole option of the City develop and provide to the City a Hazardous Material Spill Response Plan that includes provisions for spill containment and clean-up, emergency contact information including regulatory agencies and spill sampling and analysis procedures.

Hazardous Materials to include diesel fuel used for trucks owned or leased by the Contractor.

Section 13. MISCELLANEOUS PROVISIONS.

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

Agenda Packet Page 65 of 141
General Services Agreement between November 1, 2022
The City of El Cerrito and Two Brother’s Pool and Spa Page 12 of 13

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

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

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

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

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

Ron McBride
Two Brother’s Pool and Spa
PO Box 20150
El Sobrante, CA 94820
Any written notice to City shall be sent to:

Beth Frazer, Recreation Supervisor
City of El Cerrito
7007 Moeser Lane
El Cerrito, CA 94530

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

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

Agenda Packet Page 66 of 141
General Services Agreement between November 1, 2022
The City of El Cerrito and Two Brother’s Pool and Spa Page 13 of 13

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

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

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

CITY OF EL CERRITO CONTRACTOR
Date: Date:

Karen Pinkos, City Manager Ron McBride, CEO Two Brother’s Pool and Spa
Attest:
__________________________
Holly M. Charléty
City Clerk
Approved as to Form:
____________________________
Sky Woodruff
City Attorney
Agenda Packet Page 67 of 141
General Services Agreement between November 1, 2022
The City of El Cerrito and Two Brother’s Pool and Spa - Exhibit A Page 1 of 2

EXHIBIT A

SCOPE OF SERVICES
Overview
El Cerrito Swim Center has two pools, the Emery G. Weed III Lap Pool which operates year-round, and the Activity Pool which operates March through October, and one Splash Park which operates March through October.

Lap Pool Activity Pool Splash Park
Pool Information
Gallons 380,000 48,000 4,000 reservoir tank
Description 25-yards by 25-
meters, 10 lanes,
1-meter and 3-
meter diving board
25-yards by 62-
feet, 3 lanes plus
slide and spray
feature
Various spray
features
Pool Depth 3.5 feet – 13 feet 0 feet – 4 feet No standing water Ideal Chemical Parameters
Chlorine 2.0-5.0 2.0-5.0 3.0-5.0
pH 7.5-7.4 7.5-7.4 7.5-7.4
Total Alkalinity 100 100 100
Calcium Hardness 400 400 400
TDS 8,250 3,000 750
Saturation Index -.5 to .5 -.5 to .5 -.5 to .5
Temperature 82 85 N/A
• Have a clear understanding of related Health Department requirements and codes dealing with commercial pools.
• Have a clear understanding of all systems.
• Each body of water shall be maintained in compliance with Health Department regulations and be swimmable during scheduled programs. • Interact with Health Department as needed.

Daily Service (5 days per week Monday – Friday, on call Saturday and Sunday):
• Check pumps, heaters, chemical feed systems, filters, and all pool equipment for adequate operations.
• Test chemical content for calcium hardness, proper chlorine levels, pH, total alkalinity, and total dissolved solids. Make all necessary adjustments for proper water balance. Complete daily logs necessary for Health Department reviews including date, time, and name/initials of person performing work. • Adjust water to maintain appropriate level.
• Monitor temperature readings on both the outside of heaters and automated readings. Report to management any major drops in heating, tripped heaters, or foreseen problems with heating units. Report any significant adjustments made to temperature settings of either pool.
• Check chemical storage room for proper equipment operation.

Agenda Packet Page 68 of 141
General Services Agreement between November 1, 2022
The City of El Cerrito and Two Brother’s Pool and Spa - Exhibit A Page 2 of 2 As Needed Service:
• Calibrate automatic controller.
• Maintain cleanliness of pump room and make management aware of the storage of any additional equipment and chemicals in this area. • Provide chemicals necessary to maintain Health Department’s mandated levels of sanitation and chemical balance.
• Handle all chemical ordering except chlorine, acid and C02. Arrange for storage, transport, and any reporting requirements. Make management aware of all major adjustments made to water chemistry, including the addition of any large amount of chemicals.
• Make management aware prior to the addition of any new chemicals added to either pool.
• Monitor influent & effluent pressure and backwash filtration system. Verify proper sand filter automatic backwash operations.
• Empty and clean skimmer baskets and strainer. Replace skimmer parts for proper operation.
• Check for algae and take necessary steps to remedy.
• Clean chemical feed tubes.
• Repair and replace chemical feed pumps.
• Inform City when delivery of chlorine, acid and C02 are needed with adequate notice to insure constant supply.
• Other preventative maintenance of chemical feeders, controllers, circulation pumps, VFDs, and heaters.
• Repair equipment as necessary to keep system in operation. Emergency repairs are authorized provided they do not exceed $300. City shall authorize all other repairs. Materials and labor will be charged to the City and are not part of the service. Cost estimates for additional repairs exceeding $1,000 must comply with prevailing wage and DIR reporting requirements.

Annual Service:
• Perform annual cleaning of acid and chlorine storage rooms. • Empty and clean surge pit as needed but at least annually. • Inspect and prepare Activity Pool and Splash Park for use. • Inspect and winterize Activity Pool and Splash Park for non-operation. • Coordinate with CITY regarding seasonal opening/closing or Activity Pool and Splash Park.

On Call Services:
• On call availability when a maintenance or repair situation occurs, including weekends.
• Minimum response time of 1 hour during program hours (excluding weekends). • Minimum response time of 24 hours or less during non-program hours and weekends.

Agenda Packet Page 69 of 141
10/2/22
$1395
$900
$140
1 hour / 24 hours or less
$3600 approx. a year calcium chloride
$5000 approx. a year sodium bicarbonate
$2070

EXHIBIT B

FEE SCHEDULE
General Services Agreement between
The City of El Cerrito and Two Brother’s Pool and Spa - Exhibit B November 1, 2022
Agenda Packet Page 70 of 141

AGENDA BILL
Agenda Item No. 7.A.

Date: November 1, 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 71 of 141
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 August 23 and 29, 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 in September 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 72 of 141
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 November 1, 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 November 1, 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 November 2, 2022 and November 30, 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 January 17, 2023 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 January 17, 2023, 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 73 of 141
Agenda Item No. 7.A.

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

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

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

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

Reviewed by:

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 (Including Notice of Reschedule)

5. Abatement Inspection Form

6. Vegetation Management Standards Checklist

7. 2nd Letter Fire Marshal
Agenda Packet Page 74 of 141
Agenda Item No. 7.A.

Attachment 1
RESOLUTION NO. 2022 - XX

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

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

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

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

BE IT FURTHER RESOLVED that on this same date of November 1, 2022 at 7:00 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 November 1, 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 November , 2022.
_________________________
Holly M. Charléty, City Clerk
APPROVED:
_________________________
Gabriel Quinto, Mayor
Agenda Packet Page 75 of 141
Agenda Item No. 7.A.

Attachment 2

EXHIBIT A
As of 10/18/2022
City of El Cerrito Fire Department
List of Real Property Constituting Public Nuisances
APN Street Address
505-382-009 1300 Devonshire Dr.

Agenda Packet Page 76 of 141
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

THEIR 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 November 1, 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, on August 29, 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 September 29, 2022, the City Council would hold a hearing on October 4, 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 the City Council hearing initially scheduled for October 4, 2022 was rescheduled to November 1, 2022; and
WHEREAS, on November 1, 2022, the City Council adopted Resolution 2022- Agenda Packet Page 77 of 141
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, the Council may overrule any objections and order the City Manager or their 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 - XX (adopted on the same date herewith).

BE IT FURTHER RESOLVED that the City Manager or their 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 their designee shall keep an account of the cost of abatement for each parcel of land on which work is performed. The City Manager or their 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 January 17, 2023 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 November 1, 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 November , 2022.
_________________________
Holly M. Charléty, City Clerk
APPROVED:
______________________
Gabe Quinto, Mayor
Agenda Packet Page 78 of 141
Agenda Item 7.A.

Attachment 4

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] August 29, 2022
Parcel Number:

Property Address:

Property Owner:

Property Owner’s Address:

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 September 26, 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 October 4, 2022 at 7:00PM the El Cerrito City Council will hold a public hearing to declare those properties still not in compliance as a public nuisance. Your property is at risk of being declared a public nuisance and subject to further abatement actions. In accordance with the Government Code, you may appear before the Board at this public hearing to dispute this declaration.

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

Sincerely,
Chase Beckman Chase Beckman
Fire Chief / Fire Marshal
Agenda Packet Page 79 of 141

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] October 25, 2022
Parcel Number:

Property Address:

Property Owner:

Property Owner’s Address:

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.

You were previously notified on August 29, 2022 that your property was required to be brought into compliance no later than September 26, 2022. You were further notified that on October 4, 2022 at 6:00PM the El Cerrito City Council was scheduled to hold a public hearing to declare those properties still not in compliance as a public nuisance. This hearing has been rescheduled to November 1, 2022. 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 Packet Page 80 of 141

EL CERRITO FIRE DEPARTMENT

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

COMMENTS:

Inspected by Inspection # Date Time

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

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

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

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

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

YOUR PROPERTY IS NOT IN COMPLIANCE WITH THE FIRE CODE.

YOU MUST COMPLETE THE FOLLOWING REQUIREMENTS:

6. Relocate wood piles to Zone 2 if applicable.

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

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

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

AGENDA ITEM NO. 7.A.

ATTACHMENT 5
Agenda Packet Page 81 of 141
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 82 of 141
Fire Hazard Reduction Checklist
Zone 1 Requirements
Definition: Zone 1 extends 30 feet from buildings, structures, decks, etc.in all portions within the City of El Cerrito including the designated Very High Fire Hazard Severity (VHFHS) Zones
Remove all dead plants, grass and weeds within 30 feet of buildings, structures, decks, etc.

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

Agenda Packet Page 83 of 141
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] November 2, 2022
Parcel Number: 5XX-XXX-XXX
Property Address: XXXXX, El Cerrito, CA 94530
Property Owner: XXXX
Property Owner’s Address: XXXX

NOTICE TO DESTROY WEEDS AND REMOVE

RUBBISH, REFUSE AND OTHER FLAMMABLE MATERIAL
On November 1, 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 October 4, 2022 hearing which was rescheduled to November 1, 2022 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 November 2, 2022 to November 30, 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 January 17, 2023 to confirm the cost of the abatement work performed on your property. The meeting will be held via teleconference or in the El Cerrito City Council Chambers at 10890 San Pablo Avenue in El Cerrito at 6:00 p.m.

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

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

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

The phone number is (510) 215-4450.

Chase Beckman
Chase Beckman
Fire Marshal
Agenda Packet Page 84 of 141

AGENDA BILL
Agenda Item No. 7.B.

Date: November 1, 2022
To: El Cerrito City Council
From: Keith Marks, Building Official; Melanie Mintz, Community Development Director, Community Development Department
Subject: 2nd Read and Adoption of Building and Fire Code Ordinance

ACTION PROPOSED
Conduct a public hearing, and upon conclusion, waive the second reading and adopt Ordinance 2022-03 which adopts the 2022 California Green Code, Administrative, Building, Fire, Plumbing, Mechanical, Electrical, Energy, Residential, Existing Building Code, 2021 International Property Maintenance Code, and Related Construction Codes as applicable to all construction within the City of El Cerrito, with local modifications as outlined in the Ordinance.

BACKGROUND/ANALYSIS
The 2022 California Building Standards Code (CBSC), which includes the Fire Code, becomes effective in California cities on January 1, 2023. Typically, every three years, the California Building Standards Commission reviews and revises the California Building, Existing Building, Fire, Plumbing, Mechanical, Residential, and Electrical Codes. The California Health and Safety Code requires local agencies to adopt the building standards contained in these uniform statewide codes but allows cities to modify the codes to reflect local conditions.

A city may establish more restrictive standards in their Building Codes because of local climatic, geological, or topographical conditions. The ordinance includes proposed modifications to require Class A roofing material for all roof replacements, which provides the highest standard in regards to the roofing material’s ability to resist external fire. All roof covering material allowed in the code comes with a fire rating of A to C, A being the most restrictive. Most roofing material used currently already meets Class A requirements, including asphalt, metal, and tile that are all non-combustible.

This proposal to amend the code will mean that any new roofing material, either for new roofs or re-roofs, will now have protection from fires spreading from one roof to the next even in areas not in the high fire hazard zone. Additional costs to contractors are expected to be minimal, since most roofs in the City do already use material that meet this new requirement.

The attached draft ordinance adopting the 2022 CBSC generally represents a continuation of existing City practice with regard to local modifications. It revalidates and readopts the City's current local amendments and includes El Cerrito's minor modifications due to local climatic, geologic, and topographic conditions, and adds the amendments regarding roof cover material, in Title 16 of the El Cerrito Municipal Code.

Agenda Packet Page 85 of 141
Agenda Item No. 7.B.

There are minor changes to the reference numbering in the new California Codes, and the proposed ordinance reflects these new reference numbers to ensure that the Municipal Code continues to relate accurately to the California Building Standards Code. Other construction-related California Codes are not included in this ordinance as City staff is not recommending that they be amended; instead those Codes will be automatically adopted and enforced as published by the State on January 1, 2023.

The City Council approved Resolution 2022-82 and held the first reading of the ordinance at the October 18, 2022 Regular City Council meeting. No substantial changes have been made to the draft ordinance. This hearing serves as the second reading for the local modification of the new California Building Standards Codes, as required by Government Code.

STRATEGIC PLAN CONSIDERATIONS
The task of updating and adopting the new California codes specifically modified to align with El Cerrito's local climatic, geologic and topographic conditions is in keeping with Strategic Plan Goals A: Delivering exemplary government services and E: Ensuring the public's health and safety.

ENVIRONMENTAL CONSIDERATIONS
This project is exempt from environmental review under the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3), Review for Exemptions - General Rule, in that it can be seen with certainty that there is no possibility for these actions to have a significant effect on the environment.

FINANCIAL CONSIDERATIONS
The cost of implementing this project is already included in the City of El Cerrito's FY 2022-23 Budget. No additional funding is necessary.

LEGAL CONSIDERATIONS
State law requires that the local agency adopt findings for any local modifications to the building standards contained in the CBSC. These findings are included in the attached resolution. The City of El Cerrito is following the general process for adopting another code by reference, pursuant to Government Code 50022.3.

The City Council must determine that the form of this publication is sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter thereof, and the resolution contains a finding to this effect. In addition, the City Clerk is required to keep on file a copy of the codes to be adopted by reference for at least 15 days before the public hearing as well as after its adoption pursuant to Government Code section 6066. The City Attorney has reviewed and approved the attached draft ordinance.

Agenda Packet Page 86 of 141
Agenda Item No. 7.B.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Ordinance 2022-03
Agenda Packet Page 87 of 141
ORDINANCE NO. 2022-03
AN ORDINANCE OF THE CITY OF EL CERRITO AMENDING TITLE 16 OF THE EL

CERRITO MUNICIPAL CODE TO ADOPT, WITH MODIFICATIONS TO ADDRESS UNIQUE LOCAL CONDITIONS, THE 2022 EDITION OF THE CALIFORNIA GREEN BUILDING CODE, THE 2022 EDITION OF THE CALIFORNIA BUILDING CODE (BASED ON THE 2021 INTERNATIONAL BUILDING CODE), VOLUMES 1 AND 2, INCLUDING SEVERAL APPENDICES THERETO, THE 2022 CALIFORNIA FIRE CODE (BASED ON THE 2021 INTERNATIONAL FIRE CODE), INCLUDING ALL APPENDICES THERETO, THE 2022 EDITION OF THE CALIFORNIA
ADMINISTRATIVE CODE, THE 2022 EDITION OF THE CALIFORNIA RESIDENTIAL CODE (BASED ON THE 2021 INTERNATIONAL RESIDENTIAL CODE) WITH SOME APPENDICES, THE 2022 EDITION OF THE CALIFORNIA EXISTING BUILDING CODE (BASED ON THE 2021 INTERNATIONAL EXISTING BUILDING CODE) INCLUDING SOME APPENDICES, THE 2022 CALIFORNIA PLUMBING CODE (BASED ON THE 2021 UNIFORM PLUMBING CODE), THE 2022 CALIFORNIA MECHANICAL CODE (BASED ON THE 2021 UNIFORM MECHANICAL CODE), THE 2022 CALIFORNIA ELECTRICAL CODE (BASED ON THE 2020 NATIONAL ELECTRICAL CODE), AND THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE .

The City Council of the City of El Cerrito does hereby ordain as follows:

DIVISION I. That certain documents, copies of which are on file and are open for inspection by the public in the office of the Building Official of the City of El Cerrito, being marked and designated as the California Building Standards Code, 2022 Edition, comprising Title 24, Parts 1, 2 (Vol. 1 and 2), 2.5, 3, 4, 5, 6, 9,10, 11, and 12 California Code of Regulations, together with all appendices thereto and the California Housing Law Regulations, are hereby adopted, with certain modifications to reflect unique local conditions, as contained in the Municipal Code of the City of El Cerrito for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures in the City of El Cerrito. Each and all of the regulations, provisions, conditions, and terms of such California Building Standards Code, California Housing Law Regulations, all of which are on file in the office of the Building Official are hereby referred to, adopted and made a part hereof as if fully set out in this ordinance. The application and use of the Appendices in the California Building Standards Codes and California Fire Code are adopted individually and are subject to approval of the Building Official and Fire Chief respectively.

The City Council of the City of El Cerrito further ordains as follows:

DIVISION II. TITLE 16, CHAPTER 16.02., ORDINANCE NO. 2019-09, (CALIFORNIA

BUILDING CODE) OF THE EL CERRITO MUNICIPAL CODE IS HEREBY REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING CHAPTER 16.02, TITLED “CALIFORNIA BUILDING CODE”:

Agenda Packet Page 88 of 141
Chapter 16.02

CALIFORNIA BUILDING CODE
Sections:

16.02.010 California Building Code - Adoption

16.02.020 Chapter 1 Subsection 105.2 (4) Amended - Exempted Work

16.02.030 Chapter 1 Section 107.6 Added - Garage, Carport and Driveway Grades

16.02.040 Chapter 1 Subsection 107.3 Amended - Examination of Documents

16.02.050 Chapter 1 Section 114.1.1 Added - Littering of Streets

16.02.060 Chapter 1 Section 117 Added - General Regulation of Construction

16.02.070 Chapter 5 Section 501.2 Amended – Address Identification

16.02.080 Chapter 9 Subsection 903.2 Amended - Automatic Fire-Extinguishing Systems

16.02.090 Chapter 9 Subsection 904.3.5 Amended - Alternative Automatic FireExtinguishing Systems

16.02.100 Chapter 9 Subsection 905.3.1 Amended - Standpipe Requirements

16.02.110 Chapter 17 Subsection 1705.3 Amended – Required Special Inspections and Tests

16.02.120 Chapter 19 Subsection 1905.1.8 Amended - Modifications to ACI 318

16.02.130 Chapter 23 Subsections 2308.6.4 and 2308.6.5 and tables 2308.6.1 and 2308.6.3(1) Amended - Wood

16.02.140 Chapter 23 Subsection 2304.11.2.6 Amended – Wood Siding

16.02.150 Chapter 25 Section 2505 Deleted – Shear Wall Construction

16.02.160 Chapter 1, Section 110.7 Added - Storm Water Pollution Control Measures

16.02.170 Appendix G Subsection G102.3 Added – Flood Resistant Construction

16.02.180 Chapter 12, Section 1202.7 Added – Ventilation of weather exposed assemblies

16.02.190 Chapter 14, Section 1403.14 Added – Projections exposed to weather.16.02.200 Appendix G Subsection G102.3 Added – Flood Resistant Construction

16.02.210 Chapter 23, Section 2304.12.2.4 Amended – Laminated timbers

16.02.220 Chapter 23, Section 2304.12.2.5 Amended – Supporting members for permeable floors and roofs.

16.02.230 Chapter 7A, Section 705A.1 Amended – General

16.02.010 California Building Code - Adoption.

The Building Code for the City, sometimes referred to as “the CBC,” is the 2022 California Building Code, incorporating Volumes 1 and 2, (based on the International Building Code, 2021 Edition), including Appendix chapters D, F, G, H, and J, as approved by the California Building Standards Commission, and as published in Title 24, Part 2, Volumes 1 and 2 of the California Code of Regulations.

16.02.020 Chapter 1 Subsection 105.2 (4) Amended - Exempted Work Subsection 105.2(4) of the CBC is amended to read:

Agenda Packet Page 89 of 141

4. Retaining walls which do not retain more than thirty (30) inches of earth when the earth retained is level and where there is no surcharge load and retaining walls which do not retain more than two (2) feet of earth when the earth retained is sloping not greater than 2h:1v and there is no surcharge load. The above does not apply to retaining walls impounding Class I, II, or IIIA Liquids. See CBC Section 2304.12.5 for treatment of wood used for retaining walls.

16.02.030 Chapter 1 Section 107.6 Added -Garage, Carport & Driveway Grades Section 107.6 is added to the CBC, to read as follows:

Section 107.6 Garage, Carport and Driveway Grade Requirements. (a) Garage and carport floors shall be concrete.
(b) Any person to whom a building permit has been issued shall, where established, obtain official line and grade information as required in Section 13.20.150 of the City Code prior to the construction of foundations or footings for carports and garages.
(c) When official line and grade has not been established, it shall be the responsibility of that person to provide such information as required by City Engineer to establish lines and grades.
(d) Any person to whom a building permit has been issued shall construct the finish floor of carports and garages to an elevation which shall conform to the official driveway data as set forth on plan LL-1031 on file with the City Engineer.

16.02.040 Chapter 1 Subsection 107.3 Amended - Examination of Documents Subsection 107.3.1.1 is added to the CBC, to read as follows:

Review by Fire Chief. Whenever application is made for a building permit, as required by the CBC, the Building Official shall withhold issuance of the building permit until notification from the Fire Chief that all plans required by the California Fire Code (chapter 16.26 of this title) have been reviewed and approved, and that the requirements specified in Section 16.26 have been met.

16.02.050 Chapter 1 Section 114.1.1 Added - Littering of Streets Section 114.1.1 is added to the CBC, to read as follows:

Section 114.1.1 - Littering of Streets
It shall be unlawful for any person to excavate, dig or move dirt, rock, or other substances so as to allow fragments thereof from being thrown or dropped against or upon lots or buildings, or upon any public right-of-way. Any person dropping such material or tracking dirt, mud, or rocks from private property upon any public right-ofAgenda Packet Page 90 of 141 way shall immediately cause the same to be removed. Transportation of dirt and rock requires a permit obtained pursuant to chapter 13.24 of the El Cerrito Municipal Code.

16.02.060 Chapter 1 Section 117 Added - General Regulation of Construction Section 117 is added to the CBC, to read as follows:

Section 117 - General Regulation of Construction
(a) Work may be prohibited during inclement weather upon the order of the City Building Official.
(b) The hours of work shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturday. Work shall be prohibited on Sundays and Holidays.

Work hours in the public right-of-way shall be regulated by Public Works Department.
(c) Work must be controlled to prevent causing a public nuisance such as dust, noise, vibrations, uncontrolled storm water runoff, and traffic congestion.

16.02.070 Chapter 5 Section 501.2 Amended – Address Identification Section 502.1 of the CBC is amended to read as follows:

Section 502.1 – Address Identification.
a) The city shall keep on file a description of the method to be used in the assignment of street address identification numbers. This method shall be approved by Council resolution and shall be available for inspection by any member of the public.
b) Every main structure or building constructed, altered, repaired, or moved into the city shall be assigned a street identification number by the Building Official.
c) Numbers identifying the street address shall be placed on the street side of the building or structure in such manner as to be plainly visible from the street or public way. Identification numbers shall be a minimum of four (4) inches in height with minimum ½” stroke width for residential, and six (6) inches in height with minimum 1” stroke width for commercial buildings, and of a color to contrast with the surrounding color. Numbers shall be installed prior to final inspection and occupancy of the building or structure.
d) The premises street address shall be internally or externally illuminated to the satisfaction of the Building Official.

Agenda Packet Page 91 of 141
e) Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response.
f) Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole, or other approved sign or means shall be used to identify the structure. g) The owner shall be responsible for the maintenance of identification numbers.
h) Any change of the assigned street identification number must be approved by the Building Official.
i) Every owner or occupant of any building or structure not numbered in accordance with the provisions of this section shall, within ten (10) days after notice given by the City change the number of such building or structure to the number specified in the notice.

16.02.080 Subsections 903.2 Amended - Automatic Fire-Extinguishing Systems Subsection 903.2 of the CBC is amended to add:
a) In every building where the total floor area exceeds 5,000 square feet. b) In every building having three (3) or more stories.

16.02.090 Subsection 904.3.5 Amended – Alternative Automatic FireExtinguishing Systems Section 904.3.5 of the CBC is amended by adding the words, “or when required by the Fire Chief.”

16.02.100 Subsection 905.3 Amended - Standpipe Requirements Subsection 905.3 is amended by adding the following:

Standpipes shall be required in all buildings three (3) stories in height in addition to other requirements in this section, or when required by the Fire Chief.

16.02.110 Subsection 1705A.3 Amended – Required Special Inspections and Tests
CBC Subsection 1705A.3, Concrete Construction is amended to read as follows:
1705.3 Concrete Construction. Special inspections and tests for concrete construction shall be performed in accordance with this section and TABLE 1705A.3.

Agenda Packet Page 92 of 141
Exceptions: Special inspections and tests shall not be required for:

1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pound per square inch (psi) (17.2 Mpa).

16.02.120 Subsection 1905.1.7 Amended – Modifications to ACI 318 Section 1905.1.7 ACI 318, section 14.1.4 Delete ACI 318, section 14.1.4, and replace with the following:

14.1.4 - Plain concrete in structures assigned to seismic design category C, D, E or F.

14.1.4.1 - Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
(a) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.

Exception: In detached one and two-family dwelling three stories or less in height, the projection of the footing beyond the face of the supported member is permitted to exceed the footing thickness.
(b) Plain concrete footing supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.

Exception: In detached one and two-family dwellings three stores or less in height and constructed with stud bearing walls, plain concrete footings with at least two continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area of less than 0.002 times the gross cross –sectional area of the footing.

16.02.130 Chapter 23 Amended - Wood
The following tables 2308.6.1 and 2308.6.3(1) and sections 2308.6.4 and 2308.6.5 are amended to read as follows:

Table 2308.6.1 - Wall Bracing Requirements
Remove “PCP” and “GB” from the table column under the heading of “Bracing method” and remove footnotes “c” and “d” and any other references to “Portland Cement Plaster” and/or “Gypsum board”.

Table 2308.6.3(1) - Bracing Methods
Agenda Packet Page 93 of 141
Under column “Methods, Material”, remove rows “GB Gypsum board (double sided)” and “PCP Portland cement plaster” from table.

Section 2308.6.4 - Braced wall panel construction
Remove reference to “PCP” from text.

Section 2308.6.5 – Alternative bracing is deleted and replaced with the following:
2308.6.5 Alternate Bracing
An alternate braced wall (ABW) or a portal frame with hold-downs (PFH) described in this section is permitted to substitute for a 48-inch (1219 mm) braced wall panel of Method DWB, WSP, SFB, PBS, or HPS.

16.02.140 Subsection 2304.12.1.5 Amended – Wood Siding
Subsection 2304.12.1.5 of the CBC is amended to add the following sentence at the end thereof:

Siding Materials: Wood shingles or shakes shall be Class B or better which comply with ASTM E108 or UL 790, except that in very high fire hazard severity zones, no wood shake or shingle siding shall be permitted regardless of class designation. See section

8.30.030 of the El Cerrito Municipal Code for roofing standards in very high fire hazard severity zones.

16.02.150 Section 2505 Deleted – Shear Wall Construction Section 2505 of the CBC on the use of gypsum or lath and plaster for shear wall construction is deleted in its entirety.

16.02.160 Chapter 1, Section 110.7 Added - Storm Water Pollution Control Measures
Chapter 1 Section 110.7 is added to the CBC to read as follows:

Storm water pollution control measures shall be implemented during all construction phases of development to prevent pollution from entering waterways. Specific practices of the California Stormwater Quality Association (CASQA) Construction Best Management Practices Handbook shall be incorporated herein.

16.02.170 Appendix G Subsection G102.3 Added – Flood Resistant Construction
Section G102.3 is added to the CBC, to read as follows:

Section G102.3 - Construction in Special Flood Hazard Area Construction within special Flood Hazard Areas must comply with chapter 13.40 of the El Cerrito Municipal Code.

Agenda Packet Page 94 of 141

16.02.180 Chapter 12, Section 1202.7 Added – Ventilation of weather exposed assemblies
Chapter 12, Section 1202.7 is added to the CBC to read as follows:

Balconies, landings, decks, stairs, and similar exterior projecting elements and appurtenances exposed to the weather and sealed underneath shall have cross ventilation for each separate enclosed space by ventilation openings protected against the entrance of rain or snow. Blocking and bridging shall be arranged so as not to interfere with the movement of air. The net free ventilation area shall not be less than1/150th of the area of the space ventilated. Ventilation openings shall comply with Section 1203.2.1. An access panel of sufficient size shall be provided on the underside of the enclosed space to allow periodic inspection.

Exceptions:

1. An access panel is not required where the exterior coverings applied to the underside of the joists are easily removable using ordinary tools.

2. Removable soffit vents 4 inches minimum in width may be used to satisfy both ventilation and access panel requirements.

16.02.190 Chapter 14, Section 1403.14 Added – Projections exposed to weather.

Chapter 14, Section 1403.14 is added to the CBC to read as follows:

Balconies, landings, decks, stairs and similar floor projections exposed to the weather shall be constructed of naturally durable wood, preservative-treated wood, corrosion resistant (e.g. galvanized) steel, or similar approved materials.

16.02.200 Chapter 23, Section 2304.12.2.3 Amended – Supporting members for permanent appurtenances.

Chapter 23, Section 2303.12.2.3 of the CBC is amended to read as follows:

Naturally durable or preservative-treated wood shall be utilized for those portions of wood members that form the structural supports of buildings, balconies, porches, or similar appurtenances where such members are exposed to the weather.

16.02.210 Chapter 23, Section 2304.12.2.4 Amended – Laminated timbers Chapter 23, Section 2304.12.2.4 of the CBC is amended to read as follows:

The portions of glued-laminated timbers that form the structural supports of a building or other structure, projecting element, or appurtenance and are exposed to weather shall be pressure treated with preservative or be manufactured from naturally durable or preservative-treated wood.

Agenda Packet Page 95 of 141

16.02.220 Chapter 23, Section 2304.12.2.5 Amended – Supporting members for permeable floors and roofs.

Chapter 23, Section 2304.12.2.5 of the CBC is amended to read as follows:

Wood structural members that support moisture-permeable floors and roofs that are exposed to the weather, such as concrete or masonry slabs, shall be of naturally durable or preservative wood and shall be separated from such floors or roofs by an impervious moisture barrier. The impervious moisture barrier system protecting the structure supporting floors shall provide positive drainage of water that infiltrates the moisture-permeable floor topping.

16.02.230 Chapter 7A, Section 705A.1 Amended – General.

Chapter 7A, Section 705A.1 of the CBC is amended as follows:

Roofs shall comply with the requirements of Chapter 7A and Chapter 15. Roofs shall have a roofing assembly installed in accordance with its listing and the manufacturer's installation instructions and shall be Class A rating when tested in accordance with ASTM E108 or UL790.

DIVISION III. TITLE 16, CHAPTER 16.03., ORDINANCE NO. 2019-09, (CALIFORNIA

RESIDENTIAL CODE) OF THE EL CERRITO MUNICIPAL CODE IS HEREBY

REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING CHAPTER

16.03, TITLED “CALIFORNIA RESIDENTIAL CODE”:

Chapter 16.03

CALIFORNIA RESIDENTIAL CODE
Sections:

16.03.010 California Residential Code - Adoption

16.03.020 Chapter 1 Subsection R105.2 (3) Amended - Exempted Work

16.03.030 Chapter 1 Section R106.2.1 Added - Garage, Carport and Driveway Grades

16.03.040 Chapter 1 Subsection R106.3.1 Amended - Examination of Documents

16.03.050 Chapter 1 Section R103.5 Added - Littering of Streets

16.03.060 Chapter 1 Section R115 Added - General Regulation of Construction

16.03.065 Chapter 1 Section 116 Added - Small Residential Rooftop Solar Energy System Review Process

16.03.068 Chapter 3 Section R310.1 Amended – Emergency escape and rescue opening required

16.03.070 Chapter 3 Section R319.1 Amended - Premises Identification Numbering

16.03.080 Chapter 3 Section R322.1 of the CRC Amended-Flood-Resistant Construction

16.03.090 Section R402.1 of the CRC Deleted – Wood Foundations

16.03.100 Chapter 6 Section R602.10.2 and Table R602.10.3(3) of the CRC Amended – Seismic Reinforcing

16.03.110 Chapter 7 Subsection R703.6 Amended – Wood Shakes and Shingles Agenda Packet Page 96 of 141

16.03.120 Chapter 9 Subsection R902.1 Amended Fire Rating of Roof Covering Material

16.03.130 Chapter 9 Subsection R902.1.2 Amended Roof Covering in All Areas

16.03.010 California Residential Code - Adoption.

The Residential Code for the City, sometimes referred to as “the CRC,” is the 2022 California Residential Code, (based on the International Building Code, 2021 Edition), including Appendix chapters H and Q, as approved by the California Building Standards Commission, and as published in Title 24, Part 2.5 of the California Code of Regulations.

16.03.020 Chapter 1 Subsection 105.2(Building)(3) Amended - Exempted Work Subsection 105.2(Building)(3) of the CRC is amended to read:

3. Retaining walls which do not retain more than thirty (30) inches of earth when the earth retained is level and where there is no surcharge load, and retaining walls which do not retain more than two (2) feet of earth when the earth retained is sloping not greater than 2h:1v and there is no surcharge load. The above does not apply to retaining walls impounding Class I, II, or IIIA Liquids. See CBC Section 2304.12.5 for treatment of wood used for retaining walls.

16.03.030 Chapter 1 Section 106.2.1 Added -Garage, Carport & Driveway Grades
Section 106.2.1 is added to the CBC, to read as follows:

Section 106.2.1 Garage, Carport and Driveway Grade Requirements. (a) Garage and carport floors shall be concrete.
(b) Any person to whom a building permit has been issued shall, where established, obtain official line and grade information as required in Section 13.20.150 of the City Code prior to the construction of foundations or footings for carports and garages.
(c) When official line and grade has not been established, it shall be the responsibility of that person to provide such information as required by City Engineer to establish lines and grades.
(d) Any person to whom a building permit has been issued shall construct the finish floor of carports and garages to an elevation which shall conform to the official driveway data as set forth on plan LL-1031 on file with the City Engineer.

Agenda Packet Page 97 of 141

16.03.040 Chapter 1 Subsection R106.3.1 Amended - Examination of Documents
Subsection R106.3.1 is amended by adding a second paragraph to the CRC, to read as follows:

Review by Fire Chief. Whenever application is made for a building permit, as required by the CRC, the Building Official shall withhold issuance of the building permit until notification from the Fire Chief that all plans required by the California Fire Code (chapter 16.26 of this title) have been reviewed and approved, and that the requirements specified in Section 16.26 have been met.

16.03.050 Chapter 1 Section R113.5 Added - Littering of Streets Section R113.5 is added to the CRC, to read as follows:

Section R113.5 - Littering of Streets
It shall be unlawful for any person to excavate, dig or move dirt, rock, or other substances so as to allow fragments thereof from being thrown or dropped against or upon lots or buildings, or upon any public right-of-way. Any person dropping such material or tracking dirt, mud or rocks from private property upon any public right-of-way shall immediately cause the same to be removed. Transportation of dirt and rock requires a permit obtained pursuant to chapter 13.24 of the El Cerrito Municipal Code.

16.03.060 Chapter 1 Section R115 Added - General Regulation of Construction Section R115 is added to the CRC, to read as follows:

Section R115 - General Regulation of Construction
(a) Work may be prohibited during inclement weather upon the order of the City Building Official.
(b) The hours of work shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturday. Work shall be prohibited on Sundays and Holidays.
(c) Work hours in the public right-of-way shall be regulated by Public Works Department.
(d) Work must be controlled to prevent causing a public nuisance such as dust, noise, vibrations, uncontrolled storm water runoff, and traffic congestion.

16.03.065 Chapter 1, Section R116 added—Small Residential Rooftop Solar Energy System Review Process.

Section R116 is added to the CRC to read as follows:

Section 116 – Small Residential Rooftop Solar Energy System Review Process Agenda Packet Page 98 of 141
A. The following words and phrases as used in this section are defined as follows:
“Electronic submittal” means the utilization of one or more of the following:

1. e-mail,

2. the internet,

3. facsimile.
“Small residential rooftop solar energy system” means all of the following:

1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.

2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

3. A solar energy system that is installed on a single or duplex family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction. “Solar energy system” has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

B. Section 65850.5 of the California Government Code provides that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems.

C. Section 65850.5 of the California Government Code provides that in developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The building official is hereby authorized and directed to develop a modified version of the eligibility checklist from the 2020 California Solar Permitting Guidebook to conform to the City of El Cerrito’s unique climactic, geological, seismological, or topographical conditions and adopt such checklist.

D. The checklist shall be published on the city’s internet website. The applicant may submit the permit application and associated documentation to the City’s building division by personal, mailed, or electronic (when developed and available) submittal together with any required permit processing and inspection fees.

E. Prior to submitting an application, the applicant shall:

1. Verify to the applicant’s reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and
Agenda Packet Page 99 of 141

2. At the applicant’s cost, verify to the applicant’s reasonable satisfaction using standard electrical inspection techniques that the existing electrical system, the main panel make and type, including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads and accept new electrical connections.

F. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the building official and fire chief. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however, the subsequent inspection need not conform to the requirements of this subsection.

G. An application that satisfies the information requirements in the checklist, as determined by the building official, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

H. Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider’s electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

16.03.068 Section R310.1 Amended – Emergency escape and rescue opening required
Section R301.1 of the CRC is amended as follows:

Exception 2 is deleted in its entirety.

16.03.070 Section R319.1 Amended - Premises Identification Numbering Section R319.1 of the CRC is amended to read as follows:

Section R319.1 - Premises Identification Numbering.

Address Identification.
a) The city shall keep on file a description of the method to be used in the assignment of street address identification numbers. This method shall be approved by Council resolution and shall be available for inspection by any member of the public.

Agenda Packet Page 100 of 141
b) Every main structure or building constructed, altered, repaired or moved into the city shall be assigned a street identification number by the Building Official.
c) Numbers identifying the street address shall be placed on the street side of the building or structure in such manner as to be plainly visible from the street or public way. Identification numbers shall be a minimum of four (4) inches in height with minimum ½” stroke width for residential, and six (6) inches in height with minimum 1” stroke width for commercial buildings, and of a color to contrast with the surrounding color. Numbers shall be installed prior to final inspection and occupancy of the building or structure.
d) The premises street address shall be internally or externally illuminated to the satisfaction of the Building Official. e) Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response.
f) Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure.
g) The owner shall be responsible for the maintenance of identification numbers.
h) Any change of the assigned street identification number must be approved by the Building Official.
i) Every owner or occupant of any building or structure not numbered in accordance with the provisions of this section shall, within ten (10) days after notice given by the City change the number of such building or structure to the number specified in the notice.

16.03.080 Section R322.1 of the CRC Amended-Flood-Resistant Construction Section R322.1 of the CRC is amended by adding the following sentence:

Construction within special Flood Hazard Areas must comply with Chapter 13.40 of the El Cerrito Municipal Code.

16.03.090 Section R402.1 of the CRC Deleted – Wood Foundations Section R402.1 of the CRC concerning the use of wood foundations is deleted in its entirety.

Agenda Packet Page 101 of 141

16.03.100 Section R602.10 and Table R602.10.3(3) of the CRC Amended – Wall Bracing
Section R602.10.4 containing Table R602.10.3(3) of the CRC is amended as follows:

Footnote “e” at the end of CRC Table R602.10.3(3), is amended to read:
e. In Seismic Design Categories D0, D1, and D2, Methods GB, PFG, and CS-SFB
are not permitted and the use of Method PCP is limited to one-story single family
dwellings and accessory structures.

16.03.110 Subsection R703.6 Amended – Wood Shakes and Shingles Subsection R703.6 of the CRC is amended to add the following sentence:

Wood shingles or shakes shall conform to CSSB and be fire resistance Class B or better which comply with ASTM E108 or UL 790, except that in very high fire hazard severity zones, no wood shake or shingle siding shall be permitted regardless of class designation. See section 8.30.030 of the El Cerrito Municipal Code for roofing standards in very high fire hazard severity zones.

16.03.120 Subsection R 902.1 Amended – Roofing Covering Materials Subsection R902.1 of the CRC is amended to read as follows:

Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A roofing shall be installed in areas designated by this section including where the edge of the roof is less than 3 feet (914 mm) from a lot line. Class A roofing required by this section to be listed shall be tested in accordance with ASTME108or UL 790.

Exceptions:

1. Class A roof assemblies include those with coverings of brick, masonry and exposed concrete roof deck.

2. Class A roof assemblies include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible decks.

3. Class A roof assemblies include minimum 16 ounces per square foot copper sheets installed over combustible decks.

4. Class A roof assemblies include slate installed over underlayment over combustible decks.

16.03.130 Subsection Section R 902.1.2 Amended – Roof Coverings in all other Areas
Subsection R902.1.2 of the CRC is amended to read as follows:

The entire roof covering of every existing structure where more than 50 percent of the Agenda Packet Page 102 of 141
total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A.

DIVISION IV. TITLE 16, CHAPTER 16.04., ORDINANCE NO. 2019-09, (CALIFORNIA

PLUMBING CODE) OF THE EL CERRITO MUNICIPAL CODE IS HEREBY

REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING CHAPTER

16.04, TITLED “CALIFORNIA PLUMBING CODE”:

Chapter 16.04

CALIFORNIA PLUMBING CODE
Sections:

16.04.010 California Plumbing Code - Adoption
The Plumbing Code for the City, sometimes referred to as “the CPC,” is the California Plumbing Code, 2022 Edition, (based on the Uniform Plumbing Code, 2021 Edition), as approved by the California Building Standards Commission, and as published in Title 24, Part 5, of the California Code of Regulations.

DIVISION V. TITLE 16, CHAPTER 16.06., ORDINANCE NO. 2019-09, (CALIFORNIA

MECHANICAL CODE) OF THE EL CERRITO MUNICIPAL CODE IS HEREBY

REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING CHAPTER

16.06 TITLED “CALIFORNIA MECHANICAL CODE”:

Chapter 16.06

CALIFORNIA MECHANICAL CODE
Sections:

16.06.010 California Mechanical Code - Adoption.

The Mechanical Code for the City, sometimes referred to as “the CMC,” is the California Mechanical Code, 2022 Edition, (based on the Uniform Mechanical Code, 2021 Edition), as approved by the California Building Standards Commission, and as published in Title 24, Part 4, of the California Code of Regulations DIVISION VI. TITLE 16, CHAPTER 16.08., (CALIFORNIA ELECTRICAL CODE) OF

THE EL CERRITO MUNICIPAL CODE IS HEREBY REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING CHAPTER 16.08, TITLED “CALIFORNIA ELECTRICAL CODE”:

Agenda Packet Page 103 of 141
Chapter 16.08

CALIFORNIA ELECTRICAL CODE
Sections:

16.08.010 California Electrical Code - Adoption.

16.08.040 Article 230.70 (A) (1) Amended - Readily Accessible Location

16.08.010 California Electrical Code - Adoption
The Electrical Code for the City sometimes referred to as “the CEC,” is the California Electrical Code, 2022 Edition, (based on the National Electrical Code, 2020 Edition), as approved by the California Building Standards Commission, and as published in Title 24, Part 3, of the California Code of Regulations, except as amended and supplemented in the manner set forth in this chapter.

16.08.040 Article 230.70 (A) (1) Amended - Readily Accessible Location Article 230.70 (A) (1) of the National Electric Code is amended to read as follows:

The service disconnecting means shall be installed at a readily accessible location outside of a building or structure near the point of entrance of the service conductors for single family dwellings. For other occupancies where direct access from the exterior does not occur, a remote control (shunt trip) activating the disconnect shall be located on the exterior of the building in a location and manner acceptable to the Fire and Building Officials.

DIVISION VII. TITLE 16, CHAPTER 16.09., ORDINANCE NO. 2019-09, (CALIFORNIA

EXISTING BUILDING CODE) OF THE EL CERRITO MUNICIPAL CODE IS HEREBY

REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING CHAPTER

16.09 TITLED “CALIFORNIA EXISTING BUILDING CODE”:

Chapter 16.09
California Existing Building Code
Section:

16.09.010 California Existing Building Code – Adoption

16.02.030 Section 405 Added - Repairs including all subsections associated

16.09.010 California Existing Building Code - Adoption.

The Existing Building Code for the City, sometimes referred to as “the CEBC,” is the 2022 California Existing Building Code, (based on the International Existing Building Code, 2021 Edition), including Appendix chapters A3 and A4, as approved by the California Building Standards Commission, and as published in Title 24, Part 10 of the California Code of Regulations.

Agenda Packet Page 104 of 141

16.02.030 Chapter 4, Section 405 Added - Repairs including all subsections associated
The following repair requirements are hereby added as a new Subsection 405.2.3.1.1 to Chapter 4, Section 405 “Repairs” of the CBC to read as follows:
405.2.3.1.1 Seismic evaluation and design. Seismic evaluation and design of an existing building and its components shall be based on the following criteria. 405.2.3.1.2 Evaluation and design procedures. The seismic evaluation and design shall be based on the procedures specified in the building code, ASCE 31 Seismic Evaluation of Existing Buildings (for evaluation only) or ASCE 41 Seismic Rehabilitation of Existing Buildings. The procedures contained in Appendix A of the International Existing Building Code shall be permitted to be used as specified in Section 405.2.3.1.4.
405.2.3.1.3 CBC level seismic forces. When seismic forces are required to meet the building code level, they shall be one of the following:

1. 100 percent of the values in the building code. The R factor used for analysis in accordance with Chapter 16 of the building code shall be the R factor specified for structural systems classified as “Ordinary” unless it can be demonstrated that the structural system satisfies the proportioning and detailing requirements for systems classified as “Intermediate” or “Special”.

2. Forces corresponding to BSE-1 and BSE-2 Earthquake Hazard Levels defined in ASCE 41. Where ASCE 41 is used, the corresponding performance levels shall be those shown in Table 405.2.3.1.3.

TABLE 405.2.3.1.3
ASCE 41 and ASCE 31 PERFORMANCE LEVELS
a
.

P
e
r
f
or
a. Performance levels for Occupancy Category III shall be taken as halfway between the performance levels specified for occupancy Category II and Occupancy Category IV.

OCCUPANCY

CATEGORY
(BASED ON IBC
TABLE 1604.5)

PERFORMANCE LEVEL
FOR USE WITH ASCE 31
AND WITH ASCE 41
BSE-1 EARTHQUAKE

HAZARD LEVEL

PERFORMANCE LEVEL
FOR
USE WITH ASCE 41 BSE-2

EARTHQUAKE HAZARD
LEVEL
I Life Safety (LS) Collapse Prevention (CP)
II Life Safety (LS) Collapse Prevention (CP)
III Note (a) Note (a)
IV Immediate Occupancy (IO) Life Safety (LS)
Agenda Packet Page 105 of 141
405.2.3.1.4 Reduced CBC level seismic forces. When seismic forces are permitted to meet reduced building code levels, they shall be one of the following:

1. 75 percent of the forces prescribed in the building code. The R factor used for analysis in accordance with Chapter 16 of the California Building Code shall be the R factor as specified in Section 405.2.3.1.3.

2. In accordance with the applicable chapters in Appendix A of the International Existing Building Code as specified in Items 2.1 through 2.5 below. Structures or portions of structures that comply with the requirements of the applicable chapter in Appendix A shall be deemed to comply with the requirements for reduced building code force levels.

2.1. The seismic evaluation and design of unreinforced masonry bearing wall buildings in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A1.

2.2. Seismic evaluation and design of the wall anchorage system in reinforced concrete and reinforced masonry wall buildings with flexible diaphragms in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A2.

2.3. Seismic evaluation and design of cripple walls and sill plate anchorage in residential buildings of light-frame wood construction in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A3.

2.4. Seismic evaluation and design of soft, weak, or open-front wall conditions in multiunit residential buildings of wood construction in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A4.

3. In accordance with ASCE 31 based on the applicable performance level as shown in Table 405.2.3.1.3.

4. Those associated with the BSE-1 Earthquake Hazard Level defined in ASCE 41 and the performance level as shown in Table 405.2.3.1.3. Where ASCE 41 is used, the design spectral response acceleration parameters Sxs and Sx1 shall not be taken less than 75 percent of the respective design spectral response acceleration parameters SDS and SD1 defined by the International Building Code and its reference standards.
405.2.3.1.5 Wind Design. Wind design of existing buildings shall be based on the procedures specified in the building code.
405.2.3.1.6 Repairs to damaged buildings. Repairs to damaged buildings shall comply with this section.
405.2.3.1.7 Unsafe conditions. Regardless of the extent of structural damage, unsafe conditions shall be eliminated.

Agenda Packet Page 106 of 141
DIVISION VIII. TITLE 16, CHAPTER 16.20., ORDINANCE NO. 2019-09, (HOUSING

AND PROPERTY MAINTENANCE CODE) OF THE EL CERRITO MUNICIPAL CODE

IS HEREBY REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING CHAPTER 16.20, TITLED “HOUSING AND PROPERTY MAINTENANCE CODE”:

Chapter 16.20

HOUSING AND PROPERTY MAINTENANCE CODE

16.20.010 - Housing and Property Maintenance Code—Adoption The housing code for the city is the California Housing Law Regulations combined with the 2021 International Property Maintenance Code (IPMC) except as amended and supplemented in the manner set forth in this chapter.

16.20.011 - IPMC 101.1 amended—Title.

Section 101.1 of the IPMC is amended as follows:

That portion of the sentence reading "Name of Jurisdiction" is deleted and replaced with "City of El Cerrito."

16.20.012- IPMC 103.1 amended—Creation of Agency.

Section 103.1 of the IPMC is amended as follows:

That portion of the sentence reading "Insert Name of Jurisdiction" is deleted and replaced with "Community Development Department."

16.20.020 - IPMC 102.3 amended—Application of other codes. o Section 102.3 of the IPMC is amended as follows:

The International Codes are not adopted by the City, and where referenced in this code, shall be replaced with the California Codes.

16.20.030 - IPMC 107 amended—Means of appeal.
o Section 107 of the IPMC is amended as follows:

Section 107 is deleted in its entirety and replaced with ECMC sections 1.14.080,

1.14.090, 1.14.100, and 1.14.110

16.20.035- IPMC 302.4 amended—Weeds.

Section 302.4 of the IPMC is amended as follows:

That portion of the sentence reading "jurisdiction to insert height in inches" is deleted and replaced with "twelve inches."

16.20.040 - IPMC 304.14 amended—Insect screens.
o Section 304.14 of the IPMC is amended as follows:

That portion of the sentence reading "During the period from [date] to [date]," is deleted and replaced with "During the entire year,"

16.20.050 - IPMC 308.3.1 amended—Disposal of garbage.
o Section 308.3.1 of the IPMC is amended as follows:

Agenda Packet Page 107 of 141
That portion of the sentence reading "an approved incinerator unit in the structure available to the occupants in each dwelling unit" shall be deleted in its entirety.

16.20.055 - IPMC 602.3 amended—Heat supply.
o Section 602.3 of the IPMC is amended as follows:

That portion of the sentence reading "during the period from [date] to [date]" is deleted and replaced with "during the entire year."

16.20.060 - IPMC 602.4 amended—Occupied work spaces.
o Section 602.4 of the IPMC is amended as follows:

That portion of the sentence reading "during the period from [date] to [date]" is deleted and replaced with "during the entire year."
DIVISION IX. TITLE 16, CHAPTER 16.24., ORDINANCE NO. 2019-09, (CALIFORNIA

GREEN BUILDING CODE) OF THE EL CERRITO MUNICIPAL CODE IS HEREBY

REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING CHAPTER

16.24, TITLED “CALIFORNIA GREEN BUILDING CODE”:

Chapter 16.24

CALIFORNIA GREEN BUILDING CODE
Section:

16.24.010 California Green Building Code - Adoption.

The Green Building Code for the City is the California Green Building Standards Code, 2022 Edition, as approved by the California Building Standards Commission, and as published in Title 24, Part 11, of the California Code of Regulations.

DIVISION X. TITLE 16, CHAPTER 16.26., ORDINANCE NO. 2019-09, (CALIFORNIA

FIRE CODE) OF THE EL CERRITO MUNICIPAL CODE IS HEREBY REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING CHAPTER 16.26, TITLED “CALIFORNIA FIRE CODE”:

Chapter 16.26

CALIFORNIA FIRE CODE
Section:

16.26.010 California Fire Code - Adoption.

16.26.020 Chapter 1 Section 1.1.1.2 Added - Title

16.26.030 Chapter 1 Section 1.1.8 Amended - Amendments to the Fire Code

16.26.040 Chapter 1 Section 1.11.1 Amended - Office of the State Fire Marshall

16.26.050 Chapter 1 Section 102.1 Amended - Applicability

16.26.060 Chapter 1 Section 102.9 Amended - Matters Not Provided For

16.26.070 Chapter 1 Section 104.1 Amended - General Authority and Responsibility

16.26.080 Chapter 1 Section 104.1.1A and 104.1.1B Added - General Authority Peace Officer Status

16.26.090 Chapter 1 Section 104.9 Amended - Alternative materials and methods

16.26.100 Chapter 1 Section 105.1.1 Amended - Required permits Agenda Packet Page 108 of 141

16.26.110 Chapter 1 Section 105.6 Amended - Required operational permits

16.26.120 Chapter 1 Section 109 Amended - Board of Appeals

16.26.130 Chapter 2 Section 202 Amended – General Definitions

16.26.140 Chapter 2 Section 202 Amended - Definitions - F

16.26.150 Chapter 2 Section 202 Amended - Definitions - R

16.26.160 Chapter 3 Section 321 Added - General precautions against fire

16.26.170 Chapter 4 Section 401.5 Amended - Making false report

16.26.180 Chapter 5 Sections 503, 504, 505 and 507 Amended -Fire Service Features

16.26.190 Chapter 6 Section 603.6 Amended - Building Services and Systems

16.26.200 Chapter 9 Section 903.2 Amended – Automatic Fire Extinguishing Systems

16.26.210 Chapter 9 Section 903.2 Amended - Automatic Fire Sprinkler Systems

16.26.220 Chapter 9 Section 905.3.1 Amended - Standpipe Systems

16.26.230 Chapter 9 Section 907.2 Amended - Fire Alarm and Detection Systems

16.26.240 Chapter 9 Section 907.7.2 Amended - Record of completion

16.26.250 Chapter 10 Section 1010.1.10 Amended - Panic and fire exit hardware

16.26.260 Chapter 10 Section 1028.5 Amended - Exit and pathways

16.26.270 Chapter 50 Section 5004 Added - Hazardous Materials

16.26.280 Chapter 50 Section 5004.1 Amended - General Provisions

16.26.290 Chapter 53 Section 5304,2S Added - Compressed Gasses

16.26.300 Chapter 56 Section 5601.1.1A Added - Explosives and Fireworks

16.26.310 Chapter 57 Section 5704.2.11.5 Added - Flammable and Combustible Liquids – Below Ground Tanks

16.26.320 Chapter 57 Section 5704 Amended - Flammable and Combustible Liquids - Above Ground Tanks

16.26.330 Chapter 58 Section 5803A Added - Flammable Gases and Flammable Cryogenic Fluids

16.26.340 Chapter 61 Section 6103.2.1.7 Amended - Liquefied Petroleum Gases – Inside Buildings

16.26.350 Chapter 61 Section 6104.2A Added - Liquefied Petroleum Gases – Outside Buildings

16.26.010 California Fire Code - Adoption.

It is hereby adopted by the city council of the city of El Cerrito for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, that certain codes and standards known as the 2022 California Building Standards Code, Title 24, California Code of Regulations (CCR), Part 9 (California Fire Code), and by reference the 2021 International Fire Code published by the International Code Council, Inc. (ICC), (including Appendix Chapters A, B, C, D, E, F, G, I, and J) save and except such portions as are deleted, modified or amended by this chapter, of which not less than one copy each have been and are now filed in the office of the Fire Chief and the Building Official of the City of El Cerrito and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling within the limits of the City of El Cerrito.

Agenda Packet Page 109 of 141

16.26.020 Chapter 1 Section 1.1.1.2 Added - Title
Section 1.1.1.2 Title is added as follows:

Section 1.1.1.2 These regulations shall be known as the Fire Code of the City of El Cerrito, hereinafter referred to as "this code." The California Fire Code and the International Fire Code adopted by reference in Section 1, amendments thereto, additions, and deletions as set forth in this Section shall become effective as set forth in Section 1.1.8 Division and Appendix numbers used are those of the California Fire Code.

16.26.030 Chapter 1 Section 1.1.8 Amended - Amendments to the Fire Code Section 1.1.8 is amended by adding the following:

The limits referred to in Section 1.1.8.1 of the California Fire Code and International Fire Code adopted by reference in Section 1, amendments thereto, additions, and deletions and appendices as set forth in this section shall become effective as set forth in Section

1.1.9 Article, Section, Division, and Appendix numbers used are those of the California Fire Code.

16.26.040 Chapter 1 Section 1.11.1 Amended - Office of the State Fire Marshall Section 1.11.1 is amended by adding 1.11.1 A, B and C
A. The California Fire Code as adopted and amended herein shall be enforced by the city fire prevention division which is hereby established, and which shall be operated under the supervision of the fire marshal.

B. The fire marshal in charge of the fire prevention division shall be appointed by the fire chief of the city of El Cerrito on the basis of examination to determine his or her qualifications for the position.

C. The chief of the fire department shall recommend to the city council the employment of technical staff members, who, when such authorization is made, shall be selected on the basis of examination to determine their qualifications for the position.

16.26.050 Chapter 1 Section 102.1 Amended – Applicability Section 102.1 is amended by adding Section 102.1.1
Section 102.1.1 Buildings in existence at the time of the adoption of this code may have their existing use or occupancy continued, if such use or occupancy was legal at the time of the adoption of this code, provided such continued use is not dangerous to life.

Section 102.2 is amended by adding section 102.2.1
Agenda Packet Page 110 of 141
Section 102.2.1 Plans for compliance. Upon written notice to the responsible property owner, plans for compliance shall be submitted and approved, and within 18 months or earlier depending on the life-safety significance of the hazard work shall be completed or the building shall be vacated until made to conform.

16.26.060 Chapter 1 Section 102.9 Amended - Matters Not Provided For Section 102.9 is amended by adding subsection 102.9.1A
102.9.1A Unless otherwise limited by law, the applicable provisions of this code shall apply to vehicles, ships, boats, and mobile vehicles and other facilities when fixed in a specific location within the boundaries of this jurisdiction.

16.26.070 Chapter 1 Section 104.1 Amended - General Authority and Responsibility
Section 104.1 is amended by adding the following:

The Fire Chief or the Fire Code Official is authorized to render interpretations of this code and to make and enforce rules and supplemental regulations in order to carry out the application of its provisions. The Chief may be guided by the 2016 Supplement to the Uniform Fire Code. Such interpretations, rules and regulations, and supplements shall be in conformance with the intent and purpose of this code and shall be available to the public during normal business hours.

16.26.080 Chapter 1 Section 104.1.1A and 104.1.1B Added - General Authority Peace Officer Status
Section 104.1.1A and 104.1.1B are added in their entirety to read as follows:

Section 104.1.1A The Fire Chief and his designated representatives shall have the powers of peace officers while engaged in the performance of their duties with respect to the prevention, investigation, and suppression of fires and the protection and preservation of life and property against the hazards of fire and conflagration.

Section 104.1.1B The Chief, or his duly authorized agents, may issue citations for violations of this ordinance in accordance with Chapter 5C (commencing with Section 853.5), Title 4, Part 2, of the Penal Code.

16.26.090 Chapter 1 Section 104.9 Amended - Alternative materials and methods
Section 104.9 is amended by adding 104.9.3
Section 104.9.3 - The city council, the fire chief and the fire marshal shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies for which permits are required in addition to those now enumerated in the California Fire Code. The fire marshal shall post such list in a conspicuous place at the offices of the fire prevention division and distribute copies thereof to interested persons.

Agenda Packet Page 111 of 141

16.26.100 Chapter 1 Section 105.1.1 Amended - Required permits Section 105.1.1 is amended by adding Section 105.1.1A:

Section 105.1.1A Fee for Plan Review, Inspection and Permits. Fees required by the City shall be established in the City's master fee schedule, to defray: the costs for plan review of plans required by this code; requested or required inspection services; administrative costs; issuance of permits and all other direct costs incurred by the city.

Section 105.4.1.1 is amended by adding Section 105.4.1.2 (1 to 6):

Section 105.4.1.2 Review of Plans. Whenever required by this Code, plans shall be submitted to the Fire Chief for review and approval prior to construction. Whenever application is made for a building permit, as required by the Building Code, the Building Official shall withhold issuance of the building permit until notification from the Fire Department that plans required by this code have been reviewed and approved and that the requirements set forth in section 105 have been met. In addition to plan submittals required by other sections of this Code, plans shall be submitted whenever any of the following land developments and/or improvements are proposed:

1. Subdivision of land.

2. Construction, alteration, or renovation of a building.

3. Demolition of a building.

4. Provision of a water supply for fire protection.

5. Provision of access for fire apparatus.

6. An occupancy for the storage, use, or handling of any hazardous substance, hazardous material process, or hazardous device.

16.26.110 Chapter 1 Section 105.6 Amended - Required operational permits Section 105.6 is amended by adding 105.6.52 thru 105.6.55.

52. Christmas tree sales. To use a property for the purpose of selling cut Christmas trees. See applicable provisions of Chapter 3 General Precautions against fire.

53. Pumpkin patches/lots. To use a property for the purpose of selling pumpkins and seasonal items. See applicable provisions of Chapter 3 General Precautions against fire.

54. Liquefied petroleum gases. To store, use, or handle liquefied petroleum gas inside buildings. See Chapter 38.

55. Rockets. To launch model rockets. See California Code of Regulations Title 19, Division 1, Article 17.

16.26.120 Chapter 1 Section 109 Amended - Board of Appeals Section 109 is amended by adding 109.1.1
Agenda Packet Page 112 of 141
Section 109.1.1 Whenever the fire chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code has been misconstrued or wrongly interpreted, the applicant may appeal within thirty days the chief's decision to the city council.

16.26.130 Chapter 2 Section 202 Amended – General Definitions Section 202 - General Definitions is amended as follows: by changing the definition of Jurisdiction and adding the definition for Fire Marshal by adding Sections 202. A and 202. B.

A. Wherever the word "jurisdiction" is used in the California Fire Code, it shall be held to mean the City of El Cerrito.

B. Where the party responsible for the enforcement of the California Fire Code is given the title of "Fire Marshal," add the following definition: Fire Marshal is the chief of the bureau of fire prevention.

16.26.140 Chapter 2 Section 202 Amended - Definitions – F Section 202 -F - is amended by adding:

Facility - any structure or location used for storing, processing, or handling material or equipment.

Fair - a temporary enterprise principally devoted to the exhibit or sale of products of commerce, agriculture or industry, or to entertainment and amusement and may include the operation of amusement rides or devices, or concession booths.

Firebreak - a continuous strip of land upon and from which all rubbish, weeds, grass or other growth that could be expected to burn when dry has been abated or otherwise removed in order to prevent the surface extension of fire from one area to another.

Fire trail - a graded firebreak of sufficient width, surface, and design to provide access for fire personnel and equipment to suppress and to assist in preventing a surface extension of fires.

Fuel break - a specified width, strip, or block of land on which the vegetation has been permanently modified to a low volume fuel type so that fires burning on it can be more readily controlled.

16.26.150 Chapter 2 Section 202 Amended - Definitions – R Section 202 - R is amended by adding:

Response Time - the calculated time difference between receiving a report of an alarm and the application of extinguishing agent.

Agenda Packet Page 113 of 141
Running Time - the calculated time difference between leaving the first due fire station and arriving on the emergency scene.

Rural Area - that area generally designated for agricultural or open space uses with parcels over 10 acres in size.

Rural Residential Area - that area generally designated for single family residential use with parcels between 3 and 10 acres in size.

16.26.160 Chapter 3 Section 321 Added - General precautions against fire Chapter 3 Section 321 is added in its entirety:

Section 321 Exterior hazard control.

Section 321.1 Weeds and Rubbish to be Destroyed or Removed.

It shall be unlawful for any person owning, occupying, renting, managing, or controlling any real property in this jurisdiction to cause, or permit to remain on the property, or on portions of streets adjoining such property, any weeds, rubbish, litter or other flammable material which creates a fire hazard, a menace to the public health or which is otherwise noxious or dangerous. It shall be the duty of every such person to remove or destroy such weeds, rubbish, litter or other flammable material. Destruction by burning within the jurisdictions unlawful unless the written permission of the Fire Chief of the City is first obtained, and all other applicable permits are obtained from appropriate governing jurisdictions.

Section 321.2 Definitions, as used in this article

1. "Weed," as used in this part, means all weeds growing upon streets or private property in this jurisdiction and includes any of the following:

2. Weeds that bear seeds of a downy nature or are subject to flight.

3. Sagebrush, chaparral and any other brush or weeds which obtain such large growth as to become, when dry, a fire menace to adjacent improved property or to streets.

4. Weeds that are otherwise noxious or dangerous.

5. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health.

6. Dry grass, stubble, brush, litter or other flammable materials that endanger the public safety by creating a fire hazard.

7. "Rubbish" means waste matter, litter, trash, refuse, debris and dirt on streets, or private property in the jurisdiction that is, or when dry may become a fire hazard.

Agenda Packet Page 114 of 141

8. “Streets" include alleys, parkways, driveways, sidewalks and areas between sidewalks and curbs.

9. "Person" includes individuals, firms, partnerships and corporations.

10. "Cost of Abatement" shall include all expenses incurred by jurisdiction, including administrative costs, in its work of abatement undertaken pursuant Section 318 of this ordinance.

11. "Superintendent" shall mean the City Manager or designee.

Section 321.3 Declaration of Policy.

The City Council, as the supervising, legislative and executive authority of this jurisdiction, hereby declares that the removal of dry grass, stubble, brush, rubbish, litter or other flammable material which creates a fire hazard, a menace to the public health or which is otherwise noxious or dangerous is a matter of extreme municipal importance. The City Council hereby adopts the following Fire Hazard Abatement Program for the purpose of abating fire hazards caused by the presence of dry grass, stubble, brush, rubbish, litter or other flammable material on private properties within the City. This program shall be conducted in accordance with the provisions of Government Code Sections 39560-39588 as those sections presently exist or as may be amended.

The City Manager or designee shall be deemed the street superintendent for the purpose of carrying out the provisions of this policy.

Section 321.4 Abatement Procedures
a. The City Council of El Cerrito shall declare by resolution annually, or as often as may be necessary, those properties which are deemed public nuisances because of the presence of dry grass, stubble, brush, rubbish, litter, or other flammable material which creates a fire hazard, a menace to the public health or which is otherwise noxious or dangerous.
b. The resolution may also declare that certain identified properties are seasonal and recurrent nuisances as defined by Government Code Section 39562.1 c. The resolution shall designate a date, time and place for a hearing at which the owners of the properties identified in the resolution may object to the designation of their properties as public nuisances, and object to the abatement actions proposed by the City as authorized by Government Code Sections 39560-39588. d. Written notice shall be provided to the owners of the properties identified in the resolution informing them of the date, time, and place of the hearing. This notice shall be in substantially the same form as contained in Government Code Section 39566.

Notice to the owners of those properties declared seasonal and recurrent nuisances shall incorporate the provisions contained in Government Code Section 39562.1. The notice shall be served as provided for in Government Code Sections 39564-39567.1.

Agenda Packet Page 115 of 141
e. At the hearing, the City Council shall hear and consider all objections. By resolution, the City Council shall allow or overrule these objections. The City Council shall also order the City Manager or designee to abate the public nuisances’ conditions at the properties designated in the initial resolution by having the dry grass, stubble, brush, rubbish, litter or other flammable material which creates a fire hazard, a menace to the public health or which is otherwise noxious or dangerous removed. f. The City Manager may abate these public nuisance conditions either through the use of City employees or by private contract. The City Manager is authorized to execute such public contracts as may be necessary to abate these public nuisance conditions. g. The City Manager shall keep a report of the cost of abatement for each property subject to the City Council resolution. At such time as the City Manager deems appropriate, a hearing shall be scheduled before the City Council for confirming the report. Notice shall be mailed to each property owner at least five days before the date of the hearing. The notice shall inform the property owner of the costs of abatement of the public nuisance conditions on the property; date, time and place of the hearing at which the property owner may object to the report; and a statement that if the report is confirmed by the City Council, that the costs of tax bill levied against the parcel for collection at the time and in the manner of ordinary municipal taxes. The report shall also be posted at least three days prior to the hearing date at or near the hearing place as required by Government Code Section 39575.
h. At the time fixed for the hearing, the City Council shall consider the report and hear any objections from the property owners liable to be assessed the costs of abatement. The City Council may modify the report if it is deemed necessary. The City Council may also establish installment payments for the abatement costs as provided for in Government Code Section 39581. At the conclusion of the hearing, the City Council shall confirm the report by resolution.
i. The cost of abatement upon each property and the costs incurred by the City in enforcing the abatement shall constitute a special assessment against the property as provided for in Government Code Section 39577. A lien shall attach to the property upon recordation of the order confirming the assessment by the County Recorder. On or before August 10th of each year, the City Manager shall file a certified copy of the report with the County Auditor. As authorized by Government Code Section 39581, the amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes, subject to the same penalties and procedure of foreclosure and sale provided for ordinary municipal taxes.

Section 321.5 Alternate Mitigation.

In lieu of ordering abatement of fire hazards as provided in Section 321.4, the Fire Chief may order the preparation of firebreaks/fuel breaks around parcels of property when combustible weeds, crops, or brush is present. In determining the proper width of firebreaks/fuel breaks, the Fire Chief shall consider the height of the growth, weather conditions, topography and accessibility to the property of fire protection equipment.

The procedure set forth in Section 321.4 for the abatement of weeds and rubbish shall also apply to the preparation of firebreaks/fuel breaks.

Agenda Packet Page 116 of 141
Section 321.6 Alternate Procedures
The procedures provided for by this Article are an alternative to any other procedure adopted by the City Council for the abatement of public nuisances, such as Chapter

8.34 of the El Cerrito Municipal Code, or which may be authorized by the law of the State of California.

Section 320.7 Peat Fire, Penalties Therefore
a. It is the duty of each person, firm, corporation or association not to permit on their property a peat fire in, or a fire involving combustible vegetable materials under the surface of the natural ground. It is hereby declared that it is the duty of any person as herein defined to take all necessary precautions to extinguish any subsurface fire involving peat or vegetative material at his/her own cost and expense. b. If there exists upon the lands of any person herein defined, subsurface fire involving the burning or combustion of peat or vegetative matter, and the owner or occupant thereof has not taken reasonable precautions within a reasonable time to extinguish or minimize such fire or combustion, the City of El Cerrito may, in addition to its regular duties to extinguish or minimize such fire or combustion, enter upon the lands of any person as herein defined and extinguish such fire or combustion. Any costs incurred by the Fire Department in fighting the fire and for the cost of providing rescue or emergency medical services shall be a charge against said person. The charge shall constitute a debt of that person and is collectable by the fire department incurring those costs in the same manner as in the case of an obligation under contract, express or implied. (Health & Safety Code 13009.)

16.26.170 Chapter 4 Section 401.5 Amended - Making false report Section 401.5 is amended by adding an additional sentence:

Section 401.5 A charge may be made for excessive false alarms.

16.26.180 Chapter 5 Sections 503, 504, 505 and 507 Amended -Fire Service Features
Chapter 5 Sections 503, 504, 505 and 507 are amended as follows.

Section 503.4 is amended by adding Section 503.4.2:

Section 503.4.2 When approved, gates and barriers may be installed across or over Fire Department access roads. These installations shall meet the standards approved by the Fire Chief and design shall be approved prior to installation.

Section 504.1 is amended by adding:
504.1.1 Exterior exit pathway surfaces leading from an exit to a public way shall be maintained and suitable for pedestrian use in all weather conditions.

Section 505 is amended by adding 505.1.1
Agenda Packet Page 117 of 141
505.1.1 Approved address numbers attached to the building, or the primary address of the building shall be internally or externally illuminated.

Section 507.1 is amended by adding a preface sentence to read as follows: The type of water supply provided shall meet the standards approved by the Fire Chief.

16.26.190 Chapter 6 Section 603.6 Amended - Building Services and Systems Section 603.6 is amended by adding subsection 603.6.6:

Section 603.6.6 Spark Arrester. Chimneys used with fireplaces or heating appliances in which solid or liquid fuel is used shall be maintained with a spark arrester as required for incinerators by the mechanical code.

16.26.200 Chapter 9 Section 903.2 Amended – Automatic Fire Extinguishing Systems
Section 903.2 is amended by adding 903.2.20:
903.2.20. An automatic fire extinguishing system shall be required in all occupancies of 5000 square feet or greater. This shall include addition of square footage causing building to be greater than 5,000 square feet.

16.26.210 Chapter 9 Section 903.2 Amended - Automatic Fire Sprinkler Systems
Section 903.2 is amended by adding subsections 903.2.21.1 through 903.2.21.10 Section 903.2.21.1 Fire Department Delivery Capability. An automatic fire sprinkler system shall be installed in all new buildings or occupancies or in existing buildings or structures that change occupancy classification or use when the required fire flow exceeds 2,000 GPM, or the total floor area exceeds 5,000 square feet.

For the purpose of this section, buildings separated by area separation walls, as set forth in Section 706 of the California Building Code, shall not be considered to create separate buildings unless such walls are constructed as specified in the California Fire Code.

Section 903.2.21.2 Undetermined Occupancy. When fire sprinkler systems are required in buildings of undetermined occupancy, they shall be designed and installed to have a sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with a minimum design area of 3,000 square feet. Occupancy is considered undetermined if not classified at the time the building permit is issued. Where a subsequent occupancy requires a fire sprinkler system of greater density than Ordinary Hazard Group 2, the system shall be upgraded to such use.

Section 903.2.21.3 Response Times. An automatic fire sprinkler system shall be installed in all new buildings or occupancies when any of the following requirements is exceeded.

Agenda Packet Page 118 of 141
Section 903.2.21.4 Run Times. A maximum running time of 3 minutes or a maximum response time of 5 minutes from the first-due station. Times shall be measured by the most direct route on surface streets.

Section 903.2.21.5 Distance from Fire Apparatus Access. The Fire Chief may require installation of automatic fire sprinkler system when the exterior wall of the 1st story is located more than 150 feet from approved fire apparatus access.

Section 903.2.21.6 Other Codes. An automatic sprinkler system shall be installed in all other occupancies as may be required by the Uniform Building Code or the California Building Code.

Section 903.2.21.7 NFPA 13D fire sprinkler systems installed shall be interconnected to the structure’s smoke detection or fire alarm system. The smoke of fire alarm systems need not be monitored by a central monitoring station.

Section 903.2.21.8 Group R-3 Substantial Addition or Expansion. An automatic sprinkler system shall be provided throughout all existing Group R-3 dwellings where a substantial addition or expansion occurs, and the new total fire area of the structure exceeds 3,600 square feet.

Section 903.2.21.9 Number of design sprinklers NFPA Standard 13D/13R. For Group R-3 buildings up to 5000 square feet, the number of design sprinklers shall be in accordance with NFPA 13D and the listing requirements for individual sprinklers.

Group R-3 buildings in excess of 5000 square feet or over three stories tall, shall meet the requirements of NFPA 13R. A 10% safety margin, in pressure, shall be provided in the design at the point of connection to the public main.

Section 903.2.21.10 Additional locations of sprinklers of Group R-3. Additional locations of fire sprinklers shall be as follows:
 Attached garages/carports, shall be provided with sprinkler protection.  All bathrooms regardless of size shall be provided with sprinkler protection.  Crawl spaces or areas beneath stairs, accessible or if intended to be used for living or storage purposes and break areas below stairs as a separate entry where over 6 feet in height at any point, shall be provided with sprinkler protection.
 Attics spaces that contain mechanical equipment such as furnaces and water heaters shall be provided with sprinklers limited to the protection of the equipment itself. Sprinkler coverage at a minimum shall protect the access opening.

Section 903.2.21.11 Additional NFPA 13D requirements. Additional NFPA 13D requirements shall be as follows:
 Sprinkler control valves shall be located upstream of the domestic tie in and are indicating valves.
 Hydraulic placards at the riser shall be provided.
 Spare sprinkler box with at least one of each type used shall be provided.

Agenda Packet Page 119 of 141

16.26.220 Chapter 9 Section 905.3.1 Amended - Standpipe Systems Section 905.3.1 Subsection (2) is amended by replacing subsection (2) in its entirety:

Section 905.3.1 Subsection (2). "Three stories" (3) or more in height replaces four stories (4) or more in height.

Section 905.3.1 is amended by adding subsection (6):

6. When standpipes are required and the building is equipped with automatic fire sprinklers, a class one standpipe(s) is required, and the standpipe shall be interconnected with the fire sprinkler system.

16.26.230 Chapter 9 Section 907.2 Amended - Fire Alarm and Detection Systems
Section 907.2 is amended by adding subsection 907.2 A:

Section 907.2 A. At the discretion of the Fire Chief, single-station smoke alarms or multiple-station smoke alarms may be required to be connected to an approved 24- hour monitored fire alarm system.

16.26.240 Chapter 9 Section 907.7.2 Amended - Record of completion Section 907.7.2 is amended by adding subsection 907.7.2.1 Section 907.7.2.1 Acceptance, maintenance, and testing records. A copy of acceptance, maintenance and testing records shall be maintained on site and shall be available to the city upon request.

16.26.250 Chapter 10 Section 1010.1.10 Amended - Panic and fire exit hardware.

Section 1010.1.10 Exception is amended by adding the following sentence:

The use of this exception may be revoked by the Fire Chief or the Building Official for due cause.

16.26.260 Chapter 10 Section 1028.5 Amended – Access to Public Way Section 1028.5 is amended by adding Subsection 1028.5.1:

Section 1028.5.1. Exterior Exit Pathways. Exterior exit pathway surfaces leading from an exit to a public way shall be maintained and suitable for pedestrian use in all weather conditions.

16.26.270 Chapter 50 Section 5001.2 Added - Hazardous Materials Section 5001.1 is amended by adding subsection 5001.1.2:

Agenda Packet Page 120 of 141
Section 5001.1.2 Coordinated Enforcement. Where the Contra Costa County Health Services Department is enforcing State Health and Safety and/or County health regulations, the Fire Department will coordinate efforts to eliminate duplication of time and resources to comply with hazardous material regulations. When approved by the Fire Chief equivalent documentation and compliance may be accepted in lieu of requirements of Appendix E. Where Contra Costa County Health & Safety regulations and California Fire Code regulations conflict, the more restrictive provisions shall prevail.

Exception: Where state or county regulations specifically limit or pre-empt local regulations to be more restrictive.

16.26.280 Chapter 50 Section 5004.1 Amended - Scope
Section 5004.1 is amended by adding 5004.1. A, and 5004.1. B A. The limits referred to in Section 5004.1 of the California Fire Code, into which the storage of hazardous materials is restricted are hereby established as follows: All areas within the jurisdiction shall be for retail in group M occupancies.

B. Exception - A permit shall be obtained from the Fire Marshal approving on site Hazardous Materials for retail sales, storage, or commercial/industrial use.

16.26.290 Chapter 53 Section 5304.2A Added - Compressed Gasses Section 5304.2 is amended by adding 5304.2A
A. The limits referred to in Section 5304.2 (ch 54, 58, 60 through 67) of the California Fire Code, in which the storage of compressed natural gas is restricted, are hereby amended as follows: All areas within the jurisdiction without an approved permit by the Fire Marshall.

16.26.300 Chapter 56 Section 5601.1.1A Added - Explosives and Fireworks Section 5601.1.1 is amended by adding 5601.1A and Exception:

A. The limits referred to in Section 5601.1 of the California Fire Code and Title 19 Division 1 Chapter 6 and 10 subchapter 3, in which the storage of storage of explosives and blasting agents is restricted, are hereby amended as follows: All areas within the jurisdiction.

Exception: The Fire Marshall may authorize limited amount of explosives or blasting agents with permit.

16.26.310 Chapter 57 Section 5704.2.11.6 Added - Flammable and Combustible Liquids – Below Ground Tanks
Section 5704.2.11.5 is added in its entirety to read:

Agenda Packet Page 121 of 141
Section 5704.2.11.5. Abandonment and status of tanks. Tanks taken out of service as a result of properties being abandoned or its use being changed shall be removed in accordance with Section 5704.2.14.2

Section 5704.2.13.1.3 is amended in its entirety to read:

Section 5704.2.13.1.3 Out of Service for More Than 180 Days. Underground tanks that have been out of service for a period greater than 180 days shall be removed from the ground in accordance with Section 5704.2.14 and the site shall be restored in an approved manner. Permit requirements with the Contra Costa County Health Services Department, Environmental Division shall be complied concurrently with the permit requirements of the City.

Section 5704.2.13.2.3 is deleted in its entirety.

Section 5704.2.13.2.3 is amended to replace “one year” with “more than 180 days” Section 5704.2.13.2.3. Out of service for more than 180 days aboveground tanks which have been out of service for a period greater than 180 days shall be removed in accordance with Section 5704.2.14 and the site shall be restored in an approved manner. Permit requirements with the Contra Costa County Health Services Department, Environmental Division shall be complied with concurrently with the permit requirements of the City.

16.26.320 Chapter 57 Section 5704 Amended - Flammable and Combustible Liquids - Above Ground Tanks
Section 5704.2.9.6.1 is amended by adding 5704.2.9.6.1A and 5704.2.9.6.1B establishment of limits of districts in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited or restricted:

A. The limits referred to in Section 5704.2.9.6.1 of the California Fire Code, in which the storage of flammable or combustible liquids in outside above ground tanks is restricted, are hereby amended as follows: All areas within the jurisdiction without an approved permit by the Fire Marshal.

B. The limits referred to in Section 5704.2.9.6.1 in which new bulk plants for flammable or combustible liquids are prohibited, are hereby amended as follows: Any area which is zoned other than industrial without an approved permit from the Fire Marshal.

16.26.330 Chapter 58 Section 5803A Added - Flammable Gases and Flammable Cryogenic Fluids
Section 5803 is amended by adding 5803A and Exception:

A. Stationary containers is restricted, are hereby established as follows: All areas within the jurisdiction without an approved permit by the Fire Marshal.

Agenda Packet Page 122 of 141
Exception: The Fire Marshall may authorize limited amount of explosives or blasting agents with permit.

16.26.340 Chapter 61 Section 6103.2.1.7 Amended - Liquefied Petroleum Gases - Inside Buildings
Section 6103.2.1.7 is amended in its entirety to read:

Section 6103.2.1.7 Individual portable containers used, stored, or handled inside of buildings used for assembly or business for people cooking, display, or similar use shall be limited in size to one quart capacity and shall be of an approved type. The number of portable containers permitted will be at the discretion of the Fire Chief or authorized representative.

16.26.350 Chapter 61 Section 6104.2A Added - Liquefied Petroleum Gases - Outside Buildings
Section 6104.2 is amended by adding 6104.2 A
A. The limits referred to in Section 6104.2 of the California Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby amended as follows: All areas of the jurisdiction without an approved permit from the Fire Marshal.

DIVISION X. CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”) under the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and in this case it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (CEQA Guidelines § 15061(b)(3).

DIVISION XI. SEVERABILITY CLAUSE
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Council hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid.

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

Agenda Packet Page 123 of 141
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council on October 18, 2022 and passed by the following vote:

AYES: Mayor Quinto; Mayor Pro Tem Motoyama; Councilmembers Abelson, Fadelli, and Rudnick
NOES: None
ABSTAIN: None
ABSENT: None
ADOPTED AND ORDERED published at a regular meeting of the City Council held November 1, 2022, and passed by the following vote:

AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
APPROVED:
_____________________ _
Gabe Quinto, Mayor
ATTEST:
_______________________
Holly M. Charléty, City Clerk

ORDINANCE CERTIFICATION
I, Holly M. Charléty, City Clerk of the City of El Cerrito, do hereby certify that this Ordinance is the true and correct original Ordinance No. 2022-03 of the City of El Cerrito; that said Ordinance was duly enacted and adopted by the City Council of the City of El Cerrito at a meeting of the City Council held on the 1st day of November, 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 November 2022.
_____________________________
Holly M. Charléty, City Clerk
Agenda Packet Page 124 of 141

AGENDA BILL
Agenda Item No. 8.A.

Date: November 1, 2022
To: El Cerrito City Council
From: Sandra Dalida, Finance Director/City Treasurer, Finance Department Subject: FY 2022-23 General Fund Budget Quarterly Update through September 2022

ACTION PROPOSED
Receive and file an update on City General Fund revenues and expenses for FY 2022- 23 through September 2022.

BACKGROUND/ANALYSIS
The El Cerrito City Council adopted an annual Budget for FY 2022-23 on June 21, 2022. The Council has closely monitored the City’s budget and financial position and directed City staff to submit quarterly General Fund financial update reports.

The General Fund Update (Attachment 1) includes information on revenues and expenditures and lists the year-to-date totals by classification and by department. This report summarizes the major General Fund revenue and expenditure categories through September 30, 2022 on a cash basis and includes comparisons to the prior year's budget. Similar to the first quarter reports from prior fiscal years, revenue cycles for many revenue sources - including property taxes - occur in the second, third and fourth quarters of the fiscal year. Consequently, revenue receipts are not realized in equal quarterly amounts.

The following are FY 2022-23 highlights occurring for the report period of July 1, 2022 through September 30, 2022 and reflect preliminary unaudited cash basis information.

1. Total revenue was $5.3 million, approximately 12% of the adopted FY 2022-23 budget. As a reminder, property taxes are the City's largest income category and are received in December and April each year. The majority of revenues are nondepartmental, as they are general and not allocated to one department.

2. Real property transfer taxes are performing as reflected in the adopted FY 2022- 23 budget, which is slightly less than the prior fiscal year as reflected in the adopted budget for this category. Staff will continue to monitor revenue streams closely and will report back to the City Council at midyear.

3. Total expenditures were $9.4 million, or 21% of the adopted budget, which is on track and slightly below budget for the quarter.

4. Personnel costs of $7.1 million include all personnel related costs. Personnel is the largest component of General Fund expenditures (73%), and with current Agenda Packet Page 125 of 141
Agenda Item No. 8.A.
vacancy levels some departments may need to increase their professional services and/or overtime budgets, which will be offset by the savings in salaries and wages. Staff will continue to monitor these expenses.

STRATEGIC PLAN CONSIDERATIONS
This report is consistent with the City’s Strategic Plan Goal B - Achieve long-term financial sustainability– and will allow the City Manager to develop a plan to ensure that Citywide Revenue meets the cost of providing Citywide services, including adequate reserves in the face of significant unanticipated revenue shortfalls. It further ensures procedures that represent best practices in financial management.

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

FINANCIAL CONSIDERATIONS
General Fund revenues and expenditures for FY 2022-23, both overall and by department, are tracking as expected for the first quarter of the fiscal year.

As reported in the FY 2021-22 Fourth Quarter Unaudited General Fund Budget Update, the City projected a surplus of approximately $8 million which substantially exceeds the $528,000 projected surplus reported during midyear FY 2021-22. The higher than projected surplus resulted from increased real property transfer tax and sales tax revenues, previous budget reductions, and the last tranche of American Rescue Plan Act (ARPA) funding that was counted toward revenue loss. The City Council has directed staff and the Financial Advisory Board (FAB) to discuss funding policies with respect to the General Fund reserves, the Emergency Disaster and Recovery Fund, and the future Section 115 Trust for pension obligations.

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

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. FY 2022-23 1st Quarter General Fund Update
Agenda Packet Page 126 of 141