Agenda packet — El Cerrito City Council, March 21, 2023 (part 2 of 3)

Prepared On 9/20/2022 By MV
Agenda Packet Page 164 of 401

THE CITY OF EL CERRITO
(RATE PER $100 OF TAXABLE VALUE)
Last 10 Fiscal Years
Agency 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22 Basic Levy¹ 1.00000 1.00000 1.00000 1.00000 1.00000 1.00000 1.00000 1.00000 1.00000 1.00000 Bart 0.00430 0.00750 0.00450 0.00260 0.00800 0.00840 0.00700 0.01200 0.01390 0.00600 Contra Costa Community College 0.00870 0.01330 0.02520 0.02200 0.01200 0.01140 0.01100 0.01880 0.01610 0.01760 East Bay Mud Dist 1 Bond 0.00680 0.00660 0.00470 0.00340 0.00280 0.00110 0.00000 0.00000 0.00000 0.00000 East Bay Regional Park Bond 0.00510 0.00780 0.00850 0.00670 0.00320 0.00210 0.00210 0.00940 0.00140 0.00200 Richmond Retirement 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.14000 0.00000 West Contra Costa Unified 0.21570 0.28180 0.28030 0.27810 0.26040 0.23970 0.23900 0.23790 0.24320 0.29390 Total Direct & Overlapping² Tax Rates 1.24060 1.31700 1.32320 1.31280 1.28640 1.26270 1.25910 1.27810 1.41460 1.31950 City's Share of 1% Levy Per Prop 13³ 0.22232 0.22232 0.22232 0.22232 0.22232 0.22232 0.22232 0.22232 0.22232 0.22232 Voter Approved City Debt Rate
Redevelopment Rate⁴
Total Direct Rate⁵ 0.35855 0.22289 0.22708 0.22670 0.22642 0.22619 0.22601 0.22586 0.22562 0.22551 Notes:
¹In 1978, California voters passed Proposition 13 which set the property tax rate at a 1.00% fixed amount. This 1.00% is shared by all taxing agencies for which the subject property resides within. In addition to the 1.00% fixed amount, property owners are charged taxes as a percentage of assessed property values for the payment of any voter approved bonds. ²Overlapping rates are those of local and county governments that apply to property owners within the City. Not all overlapping rates apply to all property owners. ³City's Share of 1% Levy is based on the City's share of the general fund tax rate area with the largest net taxable value within the City. The ERAF portion of the City's Levy has been subtracted where known.
⁴Redevelopment Rate is based on the largest RDA tax rate area and only includes rate(s) from indebtedness adopted prior to 1989 per California State statute. RDA direct and overlapping rates are applied only to the incremental property values. The approval of ABX1 26 eliminated Redevelopment from the State of California for the fiscal year 2012/13 and years thereafter. ⁵Total Direct Rate is the weighted average of all individual direct rates applied by the City/Agency preparing the statistical section information and excludes revenues derived from aircraft. Beginning in 2013/14 the Total Direct Rate no longer includes revenue generated from the former redevelopment tax rate areas. Challenges to recognized enforceable obligations are assumed to have been resolved during 2012/13. For the purposes of this report, residual revenue is assumed to be distributed to the City/Agency in the same proportions as general fund revenue.

Data Source: HdL Companies Reprot 09/20/22; Contra Costa County Assessor 2012/13 - 2021/22 Tax Rate Table Financial Statistics - Direct & Overlapping Property Tax Rates

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Agenda Packet Page 165 of 401
as of JUNE 30, 2022
Net Bonded
Debt
Percent
Applicable
To City
Gross Bonded
Debt Balance
Direct Debt
420500 EL CERRITO REVENUE BONDS 13,520,000 100.000 13,520,000 Total Direct Debt 13,520,000
Overlapping Debt
100300 CCC PENSION OBLIGATION BOND 44,925,000 2.190 983,657 100300 CCC PFA 1998A LRB 6,435,000 2.190 140,898
100300 CCC PFA 1999A LRB 6,310,000 2.190 138,161
100300 CCC PFA 2002A LRB 4,065,000 2.190 89,005
100300 CCC PFA 2003A LRB 3,445,000 2.190 75,430
100300 CCC PFA 2007A LRB 61,030,000 2.190 1,336,285
100300 CCC PFA 2009A LRB 6,407,008 2.190 140,285
100300 CCC PFA 2010A-2 LRB 11,995,000 2.190 262,637
100300 CCC PFA 2010A-3 LRB 20,700,000 2.190 453,238
100300 CCC PFA 2010B LRB 6,055,000 2.190 132,577
100300 CCC PFA 2012 LRB 6,212,865 2.190 136,034
100300 CCC PFA 2015 A&B LRB 37,900,000 2.190 829,841
100300 CCC PFA 2017 A LRB 42,320,000 2.190 926,619
100300 CCC PFA 2017B LRB 76,930,000 2.190 1,684,424
400800 BART BOND 660,703,057 2.190 14,466,449
402700 EAST BAY REGIONAL PARK BOND 77,146,356 2.190 1,689,161 779000 WEST CONTRA COSTA UNIFIED 1998 BOND 7,635,000 14.188 1,083,261 779100 WEST CONTRA COSTA UNIFIED 2000 BOND 187,485,000 14.188 26,600,537 779200 WEST CONTRA COSTA UNIFIED 2002 BOND 355,765,521 14.188 50,476,326 779400 WEST CONTRA COSTA UNIFIED BOND 2005 462,932,481 14.188 65,681,269 779600 WEST CONTRA COSTA UNIFIED 2010 BOND 444,490,000 14.188 63,064,634 779700 WEST CONTRA COSTA UNIFIED 2012 BOND 393,250,000 14.188 55,794,657 779900 WEST CONTRA COSTA UNIFIED 2020 BOND 75,000,000 14.188 10,641,066 792100 CONTRA COSTA COMMUNITY COLLEGE 2002 BOND 311,230,151 2.197 6,837,149 792200 CONTRA COSTA COMMUNITY COLLEGE 2006 BOND 354,509,849 2.197 7,787,924 792300 CONTRA COSTA COMMUNITY COLLEGE 2014 BOND 271,130,000 2.197 5,956,223 Total Overlapping Debt 317,407,747
Total Direct and Overlapping Debt 330,927,747
2021/22 Assessed Valuation: $4,200,526,992 After Deducting $926,851,202 Incremental Value.

Debt To Assessed Valuation Ratios: Direct Debt 0.32%
Overlapping Debt 7.56%
Total Debt 7.88%
This report reflects debt which is being repaid through voter-approved property tax indebtedness. It excludes mortgage revenue, tax allocation bonds, interim financing obligations, non-bonded capital lease obligations, and certificates of participation, unless provided by the city.

Overlapping governments are those that coincide, at least in part, with the geographic boundaries of the city. The percentage of overlapping debt applicable is estimated by using taxable assessed values. Applicable percentages were estimated by determining the portion of another governmental unit’s taxable assessed value that is within the city’s boundaries and dividing it by each unit’s total taxable assessed value.

Data Source: HdL Coren & Cone 09/20/22; Contra Costa County Assessor and Auditor Combined 2021/22 Lien Date Tax Rolls Financial Statistics - Direct and Overlapping Debt

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Agenda Packet Page 166 of 401

THE CITY OF EL CERRITO
DIRECT & OVERLAPPING DEBT AS OF JUNE 30, 2013
Net Bonded
Debt
Percent
Applicable
To City
Gross Bonded
Debt Balance
Direct Debt
420500 OUTSTANDING TAX OVERRIDE DEBT 8,805,000 100.000 8,805,000 420500 CITY HALL LEASE REVENUE BONDS 785,648 100.000 785,648 420500 MASTER EQUIPMENT LEASE 1,551,512 100.000 1,551,512 Total Direct Debt 11,142,160
Overlapping Debt
100300 CONTRA COSTA COUNTY PENSION DEBT 310,110,000 2.007 6,224,983 100300 CCC PFA 1998A LEASE REVENUE BONDS 15,655,000 2.007 314,250 100300 CCC PFA 1999A LEASE REVENUE BONDS 14,175,000 2.007 284,541 100300 CCC PFA 2001A LEASE REVENUE BONDS 1,380,000 2.007 27,701 100300 CCC PFA 2002A LEASE REVENUE BONDS 8,450,000 2.007 169,621 100300 CCC PFA 2002B LEASE REVENUE BONDS 7,635,000 2.007 153,261 100300 CCC PFA 2003A LEASE REVENUE BONDS 8,085,000 2.007 162,294 100300 CCC PFA 2007A LEASE REVENUE BONDS 121,185,000 2.007 2,432,603 100300 CCC PFA 2007B LEASE REVENUE BONDS 56,785,000 2.007 1,139,872 100300 CCC PFA 2009A LEASE REVENUE BONDS 19,892,007 2.007 399,302 100300 CCC PFA 2010A-1 LEASE REVENUE BONDS 6,790,000 2.007 136,299 100300 CCC PFA 2010A-2 LEASE REVENUE BONDS 13,130,000 2.007 263,565 100300 CCC PFA 2010A-3 LEASE REVENUE BONDS 20,700,000 2.007 415,521 100300 CCC PFA 2010B LEASE REVENUE BONDS 15,495,000 2.007 311,038 100300 CCC PFA 2012 LEASE REVENUE BONDS 13,102,304 2.007 263,009 400800 BART BOND 138,186,264 2.007 2,773,878
402700 EAST BAY REGIONAL PARK BOND 60,034,243 2.007 1,205,095 402800 EAST BAY MUD DIST 1 BOND 1,106,973 67.466 746,836 779000 WEST CONTRA COSTA UNIFIED 1998 BOND 23,750,000 12.053 2,862,690 779100 WEST CONTRA COSTA UNIFIED 2000 BOND 228,925,000 12.053 27,593,317 779200 WEST CONTRA COSTA UNIFIED 2002 BOND 364,970,428 12.053 43,991,460 779400 WEST CONTRA COSTA UNIFIED BOND 2005 323,424,709 12.053 38,983,775 779600 WEST CONTRA COSTA UNIFIED 2010 BOND 93,385,000 12.053 11,256,097 792100 CONTRA COSTA COMMUNITY COLLEGE 2002 BOND 196,545,000 2.015 3,960,550 792200 CONTRA COSTA COMMUNITY COLLEGE 2006 BOND 166,225,000 2.015 3,349,576 Total Overlapping Debt 149,421,134
Total Direct and Overlapping Debt 160,563,294
2012/13 Assessed Valuation: $2,351,432,658 After Deducting $497,178,065 Incremental Value.

Debt To Assessed Valuation Ratios: Direct Debt 0.47%
Overlapping Debt 6.35%
Total Debt 6.83%
This report reflects debt which is being repaid through voter-approved property tax indebtedness. It excludes mortgage revenue, tax allocation bonds, interim financing obligations, non-bonded capital lease obligations, and certificates of participation, unless provided by the city.

Data Source: HdL Coren & Cone, Contra Costa County Assessor and Auditor Combined 2012/13 Lien Date Tax Rolls Prepared On 9/20/2022 By MV This report is not to be used in support of debt issuance or continuing disclosure statements without the written consent of HdL, Coren & Cone

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Agenda Packet Page 167 of 401
2013 2014 2015 2016 2017
Governmental activities:

Net investment in capital assets $ 61,539,065 $ 63,535,927 $ 62,485,398 $ 61,687,197 $ 60,263,647 Restricted 14,185,459 11,556,030 15,211,282 16,401,240 16,468,323 Unrestricted (1,090,092) (3,744,215) (48,590,298) (46,508,497) (45,697,093) Total governmental activities net position $ 74,634,432 $ 71,347,742 $ 29,106,382 $ 31,579,940 $ 31,034,877 Business-type activities:

Net investment in capital assets $ 227,097 $ 328,697 $ 440,669 $ 674,225 $ 950,099 Restricted - - - - -
Unrestricted 579,719 288,935 247,155 72,217 (84,655)
Total business-type activities net position $ 806,816 $ 617,632 $ 687,824 $ 746,442 $ 865,444 Primary government:

Net investment in capital assets $ 61,766,162 $ 63,864,624 $ 62,926,067 $ 62,361,422 $ 61,213,746 Restricted 14,185,459 11,556,030 15,211,282 16,401,240 16,468,323 Unrestricted (510,373) (3,455,280) (48,343,143) (46,436,280) (45,781,748) Total primary government net position $ 75,441,248 $ 71,965,374 $ 29,794,206 $ 32,326,382 $ 31,900,321 Notes:

Cont'd
City of El Cerrito
Fiscal Year Ended June 30
In Fiscal Year 20112/13 the City implemented GASB 63, which replaced the term "net assets" with the term "net position." Net Position By Component
Last Ten Fiscal Years
$-
$10
$20
$30
$40
$50
$60
$70
$80
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Millions
Total Primary Government Net Position

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Agenda Packet Page 168 of 401
2018 2019 2020 2021 2022
Governmental activities:

Net investment in capital assets $ 58,942,988 $ 55,950,869 $ 54,638,042 $ 53,652,456 $ 53,377,263 Restricted 17,041,501 14,225,506 15,240,589 15,859,381 16,029,034 Unrestricted (50,908,159) (54,698,365) (59,443,810) (55,481,269) (53,818,045) Total governmental activities net position $ 25,076,330 $ 15,478,010 $ 10,434,821 $ 14,030,568 $ 15,588,252 Business-type activities:

Net investment in capital assets $ 1,106,285 $ 1,287,089 $ 1,474,133 $ 1,679,420 $ 1,363,893 Restricted - - - - -
Unrestricted (91,433) (237,733) 152,426 1,079,923 2,514,386 Total business-type activities net position $ 1,014,852 $ 1,049,356 $ 1,626,559 $ 2,759,343 $ 3,878,279 Primary government:

Net investment in capital assets $ 60,049,273 $ 57,237,958 $ 56,112,175 $ 55,331,876 $ 54,741,156 Restricted 17,041,501 14,225,506 15,240,589 15,859,381 16,029,034 Unrestricted (50,999,592) (54,936,098) (59,291,384) (54,401,346) (51,303,659) Total primary government net position $ 26,091,182 $ 16,527,366 $ 12,061,380 $ 16,789,911 $ 19,466,531 Concluded
City of El Cerrito
Fiscal Year Ended June 30
Last Ten Fiscal Years
Net Position By Component

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Agenda Packet Page 169 of 401
City of El Cerrito
Last Ten Fiscal Years
2013 2014 2015 2016 2017
General Fund
Non-spendable 48,049 58,326 128,242 170,353 994,742
Restricted 1,055,758 150,445 10,170 10,187 10,205
Committed - - - - -
Assigned - 53,108 - - -
Unassigned 1,237,431 1,008,587 1,323,100 1,713,302 (186,227) Total General Fund $ 2,341,238 $ 1,270,466 $ 1,461,512 $ 1,893,842 $ 818,720 All other governmental funds
Non-spendable
Restricted 12,543,820 8,605,973 8,778,625 10,017,073 15,608,545 Unassigned (676,189) (1,420,894) (1,357,264) (1,157,537) (802,928) Total all other governmental funds $ 11,867,631 $ 7,185,079 $ 7,421,361 $ 8,859,536 $ 14,805,617 Cont'd
Fund Balances of Governmental Funds

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Agenda Packet Page 170 of 401
City of El Cerrito
Last Ten Fiscal Years
General Fund
Non-spendable
Restricted
Committed
Assigned
Unassigned
Total General Fund
All other governmental funds
Non-spendable
Restricted
Unassigned
Total all other governmental funds
Fund Balances of Governmental Funds
2018 2019 2020 2021 2022
2,321,077 1,650,928 1,667,511 25,694 200,339
- - - - -
- - - - -
- - - - -
(2,333,507) (1,707,620) (1,777,532) 7,117,568 16,423,835 $ (12,430) $ (56,692) $ (110,021) $ 7,143,262 $ 16,624,174 1,087
16,077,928 13,130,770 14,198,963 14,735,254
(1,368,372) (322,255) (513) -
$ 14,709,556 $ 12,808,515 $ 14,199,537 $ 14,735,254 $ 14,855,057 Concluded
Fiscal Year Ended June 30
14,976,465
(91,408)

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Agenda Packet Page 171 of 401
2012 2013 2014 2015 2016 2017 2018
$24,230 $25,316 $25,194 $25,871 $26,021 $28,188 $31,403 21,555 21,582 21,678 21,765 21,320 20,421 20,199
32,991 35,769 37,782 38,176 41,780 43,171 49,374
215,140 217,340 170,552 168,790 162,129 159,871 152,120 60,086 57,418 52,094 55,284 57,966 62,607 61,756
Adjusted for Economic Data
Apparel Stores
Food Stores
Eating and Drinking Places
Other Retail Stores
All Other Outlets
Total
(in thousands of dollars)
$354,002 $357,425 $307,299 $309,885 $309,216 $314,259 $314,851 Sources: State Board of Equalization, California Department of Taxes and Fees Administration, State Controller's Office, The HdL Companies Note: Due to confidentiality issues, the names of the ten largest revenue payers are not available. The categories presented are intended to provide alternative information regarding the sources of the City's revenue. 2019 2020 2021
$34,490 $25,634 $40,198
20,855 21,087 20,084
54,536 42,086 50,463
145,348 118,453 126,545
67,170 79,024 76,279
$322,398 $286,283 $313,569
City of El Cerrito
(last ten calendar years)
Financial Statistics - Taxable Sales by Category

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Agenda Packet Page 172 of 401

CITY OF EL CERRITO
FOR FISCAL YEAR 2021-22
TOP 25 SALES TAX PRODUCERS
Business Name Business Category
Atlas Liquors Convenience Stores/Liquor
Barnes & Noble Stationery/Book Stores
CVS Pharmacy Drug Stores
El Cerrito Chevron Service Stations
Exxon Best Gas & Car Wash Service Stations
Foot Locker Shoe Stores
Honda of El Cerrito New Motor Vehicle Dealers
Ifshin Violins Music Stores
Jack in the Box Quick-Service Restaurants
Jo Ann Fabrics & Crafts Specialty Stores
Los Moles Casual Dining
Lucky Supermarket Grocery Stores
Marshalls Family Apparel
McDonalds Quick-Service Restaurants
Nug Cannabis Related
O'Reilly Auto Parts Automotive Supply Stores
Pastime Hardware Building Materials
Pet Food Express Specialty Stores
Petco Specialty Stores
Petvet Petfood Specialty Stores
Ross Family Apparel
Safeway Grocery Stores
Skechers Shoe Stores
Trader Joes Grocery Stores
Walgreens Drug Stores
Percent of Fiscal Year Total Paid By Top 25 Accounts = 67.31% Financial Statistics - Taxable Sales
Firms Listed Alphabetically for period July 2021 thru June 2022 Source: HdL Companies Report 09/23/22
HdL sources: State Board of Equalization, California Department of Taxes and Fees Administration, State Controller's Office,

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Agenda Packet Page 173 of 401
Agenda Item 7.A.

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Mayor Councilmembers
Lisa Motoyama Paul Fadelli
Mayor Pro Tem Gabriel Quinto
Tessa Rudnick Carolyn Wysinger

EL CERRITO CITY COUNCIL DRAFT MINUTES
TUESDAY, FEBRUARY 14, 2023
SPECIAL CITY COUNCIL MEETING (4:00 PM)
Hillside Conference Room - 10890 San Pablo Ave, El Cerrito Join Via Zoom:
https://us06web.zoom.us/j/85600664650?pwd=OUd2WXByTDIwQmRuZGx1N1h5ZjR3Zz09 Meeting ID: 856 0066 4650 Password: 394471 Dial in: 1-408-638-0968 Teleconferencing: Consistent with the Brown Act as amended by AB 361 (2021), all individuals may participate in-person at the location listed above, or remotely via zoom.

In-person attendance limited to available seats and designated accessible spaces only (no standing room). Masks are strongly recommended (full in-person protocols available here.)
Accommodations: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at 510- 215-4305. Notification 48 hours prior to the meeting will enable the City to make reasonable accommodations. Closed Captions available via zoom.

Conduct: This meeting shall be conducted pursuant to the El Cerrito City Council Rules of Order and Procedure, including adjourning by 11:00 PM unless extended to a specific time determined by a majority of the Council.

Public Comments:

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.

3. By Phone at 1-408-638-0968, dial *9 to "raise your hand".

4. By Email to [email protected] identified in the subject line as Public Comments – Agenda Item #.

Written comments received by 2:00 p.m. the day of the meeting 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 will be posted after the meeting. 4:00 PM ROLL CALL - CONVENE SPECIAL CITY COUNCIL MEETING Mayor Motoyama called the meeting to order at 4:06 PM.

Present In-Person: Councilmember Fadelli Present Remotely: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Quinto,
Councilmember Wysinger Absent: None

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

None
Agenda Packet Page 174 of 401
Agenda Item 7.A.

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

Contact: Holly M. Charléty, City Clerk, City Management The City Council conducted 8 interviews and made the following appointments:

Moved/Seconded: Mayor Pro Tern Rudnick/Councilmember Fadelli Action:

Appointed Jim Dolgonas to CCC Mosquito and Vector Control District Board of Trustees for a full term ending 3/1/2025. Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None
Moved/Seconded: Councilmember Quinto/Councilmember Wysinger Action:

Appointed Audrey Faine to Arts and Culture Commission for a partial term ending 3/1/2025. Ayes: Mayor Motoyama, Mayor Pro Tern Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None
Moved/Seconded: Mayor Pro Tern Rudnick/Councilmember Quinto Action:

Re-appointed Erin Gillett to Planning Commission for a full term ending 3/1/2027. Ayes: Mayor Motoyama, Mayor Pro Tern Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None

3. ADJOURN SPECIAL CITY COUNCIL MEETING
The special meeting adjourned at 6:36 PM.

Lisa Motoyama, Mayor
This is to certify that the foregoing is a true and correct copy of the minutes of the City Council meeting of February 14, 2023 as approved by the El Cerrito City Council.

Holly M. Charléty, MMC, City Clerk
Agenda Packet Page 175 of 401
Mayor Councilmembers
Lisa Motoyama Paul Fadelli
Mayor Pro Tem Gabriel Quinto
Tessa Rudnick Carolyn Wysinger

Page 1 of 3 ends

EL CERRITO CITY COUNCIL DRAFT MINUTES
THURSDAY, FEBRUARY 16, 2023
SPECIAL CITY COUNCIL MEETING (6:00 PM)
Hillside Conference Room - 10890 San Pablo Ave, El Cerrito Join Via Zoom:
https://us06web.zoom.us/j/88638336855?pwd=UGhYb2h5emYrall3WkNUQXQwTHE0QT09 Meeting ID: 886 3833 6855 Password: 263943 Dial in: 1-408-638-0968 Teleconferencing: Consistent with the Brown Act as amended by AB 361 (2021), all individuals may participate in-person at the location listed above, or remotely via zoom.

Public Comments:

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.

3. By Phone at 1-408-638-0968, dial *9 to "raise your hand".

4. By Email to [email protected] identified in the subject line as Public Comments – Agenda Item #.

Agenda Packet Page 176 of 401

Page 2 of 3 ends

6:00 PM ROLL CALL - CONVENE SPECIAL CITY COUNCIL MEETING Mayor Motoyama called the meeting to order at 6:02 PM
Present Remotely: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto (left at 6:46 PM), Councilmember Wysinger Absent: None

None

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

Contact: Holly M. Charléty, City Clerk, City Management The City Council conducted 10 interviews and made the following appointments:

Moved/Seconded: Mayor Pro Tem Rudnick/Councilmember Wysinger Action:

Appointed Andrew Ting and Patrick Sean Taylor to Arts and Culture Commission, each to a partial term ending 3/1/2024. Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Wysinger Absent: Councilmember Quinto Noes: None
Moved/Seconded: Mayor Pro Tem Rudnick/Councilmember Fadelli Action:

Re-appointed Bruce Yow and Appointed Rebecca Curry to Civil Service Commission, each to a full term ending 3/1/2027. Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Wysinger

Absent: Councilmember Quinto Noes: None
Moved/Seconded: Councilmember Wysinger/Mayor Pro Tem Rudnick Action:

Appointed Hugh Vanho and Chi Yu to Design Review Board, Vanho to a partial term ending 3/1/2026 and Yu to a full term ending 3/1/2027. Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Wysinger Absent: Councilmember Quinto Noes: None
Moved/Seconded: Councilmember Fadelli/Mayor Pro Tem Rudnick Action:

Appointed Rebecca Curry to Human Relations Commission to a full term ending 3/1/2027. Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli Abstain: Councilmember Wysinger

Absent: Councilmember Quinto Noes: None
Agenda Packet Page 177 of 401

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Moved/Seconded: Mayor Pro Tem Rudnick/Councilmember Fadelli Action:

Appointed Carinne Brody to Park and Recreation Commission to a full term ending 3/1/2027. Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Wysinger Absent: Councilmember Quinto Noes: None
Moved/Seconded: Councilmember Wysinger/Mayor Pro Tem
Rudnick Action: Appointed Abhijeet Singh and Nathan Tinclair to the Planning Commission, Singh to a partial term ending 3/1/2025 and Tinclair to a partial term ending 3/1/2026. Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Wysinger Absent: Councilmember Quinto Noes: None

3. ADJOURN SPECIAL CITY COUNCIL MEETING
The special meeting adjourned at 9:10 PM
Lisa Motoyama, Mayor
This is to certify that the foregoing is a true and correct copy of the minutes of the City Council meeting of February 16, 2023 as approved by the El Cerrito City Council.

Holly M. Charléty, MMC, City Clerk
Agenda Packet Page 178 of 401

Page 1 of 8 ends

Mayor Councilmembers
Lisa Motoyama Paul Fadelli
Mayor Pro Tem Gabriel Quinto
Tessa Rudnick Carolyn Wysinger

EL CERRITO CITY COUNCIL DRAFT MINUTES
TUESDAY, FEBRUARY 21, 2023
View (Regular Meeting Only):

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

2. Livestream Online at www.el-cerrito.org/CouncilMeetingMaterials Teleconferencing: Consistent with the Brown Act as amended by AB 361 (2021), all individuals may participate in-person at the location listed above, or remotely via zoom.

Public Comments:

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.

3. By Phone at 1-408-638-0968, dial *9 to "raise your hand".

4. By Email to [email protected] identified in the subject line as Public Comments – Agenda Item #.

SPECIAL CITY COUNCIL MEETING (5:00 PM)
Hillside Conference Room - 10890 San Pablo Ave, El Cerrito Join Via Zoom:
https://us06web.zoom.us/j/85380752378?pwd=K1Q1SjJRMGVIZDlTR21jVS9KMHJOZz09 Meeting ID: 853 8075 2378 Password: 781931 Dial in: 1-408-638-0968 REGULAR CITY COUNCIL MEETING (6:00 PM)
Council Chambers - 10890 San Pablo Ave, El Cerrito
Join Via Zoom:
https://us06web.zoom.us/j/85936897758?pwd=VlBOaEppa0xCL0xIb05vcnJzeTBIZz09 Meeting ID: 859 3689 7758 Password: 887875 Dial in: 1-408-638-0968 Agenda Packet Page 179 of 401

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5:00 PM ROLL CALL - CONVENE SPECIAL CITY COUNCIL MEETING Mayor Motoyama called the meeting to order at 5:03 PM.

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

Cordell Hindler - commented in favor of hearing from union representatives.

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

Employee Organizations: Public Safety Management Association Contact: Sky Woodruff, City Attorney, City Management
City Council convened to closed session at 5:06 PM. No reportable action.

3. ADJOURN REGULAR CITY COUNCIL MEETING
The special meeting adjourned at 5:40 PM
6:00 PM ROLL CALL – CONVENE REGULAR CITY COUNCIL MEETING Mayor Motoyama called the meeting to order at 6:03 PM .

Present: Mayor Motoyama (absent from 6:37 - 8:13 PM), Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Absent: None

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

MOMENT OF SILENCE

2. TELECONFERENCE AND PUBLIC COMMENT INSTRUCTIONS

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

City Manager Pinkos - announced upcoming memorial for former Mayor and Councilmember Janet Abelson.

Mayor Pro Tem Rudnick - announced AC Transit proclamation for Mayor and Former Councilmember Abelson.

Councilmember Fadelli - announced community appreciation day at Macaroni Grill.

Mayor Motoyama - recognized Tibetan New year; announced Green Team Baxter Creek Cleanup day, buy a brick fundraiser with El Cerrito Tennis Club; announced no reportable action from 5:00 PM closed session, and Mayoral letter Agenda Packet Page 180 of 401

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sent in support of the expansion of the Not in Our Town campaign.

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.

All written comments submitted prior to and during the meeting were posted online as supplemental materials and incorporated into the official meeting record. Written public comments for matters not on the agenda were received from Cordell Hindler, Nick Zamorano, Gary Prost, Sue Duncan, and Scott Tipping.

Oral Public Comments:

Al Miller - commented on the speed of electric powered vehicles on the greenway.

Gary Prost - with Make El Cerrito Fire Safe spoke regarding vegetation management in the Hillside Natural Area.

Susan Duncan - with Make El Cerrito Fire Safe spoke regarding needed improvements to emergency preparedness, use of measure X funds, and home hardening grants.

Igor Tregub - spoke on behalf of Bay Area Ukrainians and thanked the City Council for their reaffirmed support of the Ukrainian people. Announced Flag Raising ceremony event in Berkeley, Performing Art Ceremony event in San Francisco and Fundraising efforts.

Buddy Akacic - spoke regarding the roles of the City Council, and communication between Council and city committees.

Cordell Hindler - expressed concern regarding the lack of installation of speed bumps on Ashbery Avenue.

5. PRESENTATIONS

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

Moved/Seconded: Councilmember Fadelli/Councilmember Quinto Action: Approved consent calendar items A-E and G-J on the consent calendar as indicated below. Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None
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A. Approval of Minutes
Action Proposed: Pass a motion to approve the minutes from the meetings of November 15, December 5, December 6, December 20, 2022, January 17, February 4, and February 7, 2023.

Contact: Holly M. Charléty, City Clerk, City Management Action: Approved minutes with the following revisions: 11/15/22 - item #3 correct spelling from Lavana to "Lavonna" Martin; 1/17/2023 - correct call to order from Mayor Quinto to Mayor Motoyama, correct item #7A second motion language from electronic methods to "electric methods"; and 2/7/2023 - item #8A first line to read recused to "avoid any potential conflict of interest...", and item #9 correcting reference to West Contra Costa "Advisory Committee" and correct re-appointment to "appointment" to serve.

B. Committee on Aging Appointment
Action Proposed: Approve the Committee on Aging recommendation and re-appoint Dr. Pansy Kwong to the Committee, effective February 22, 2023.

Contact: Bridget Cooney, Recreation Supervisor, Recreation Department Action: Approved appointment
C. Urban Forest Committee Appointment Recommendation
Action Proposed: Approve an Urban Forest Committee recommendation to reappoint Yan Linhart to the Urban Forest Committee, effective March 1, 2023.

Contact: Stephen Prée, Environmental Programs Manager/City Arborist; Will Provost, Operations and Environmental Services Division Manager; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Action: Approved appointment
D. Environmental Quality Committee Appointment Recommendation Action Proposed: Approve an Environmental Quality Committee recommendation to reappoint Howdy Goudey and Mark Miner to the Environmental Quality Committee, effective March 1, 2023.

Contact: Christina Leard, Management Analyst III; Will Provost, Operations and Environmental Services Division Manager; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department Action: Approved appointment
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E. Monthly Disbursement and Check Register Report for October 2022 through January 2023
Action Proposed: Receive and file the Monthly Disbursement and Check Register Reports for the months of October 2022 through January 2023.

Contact: Sandra Dalida, Finance Director/City Treasurer, Finance Department
Action: Received and filed
F. Proclamation Recognizing February 24, 2023 as the “Day of Ukrainian Solidarity” in the City of El Cerrito
Action Proposed: Approve a proclamation declaring February 24, 2023 as the “Day of Ukrainian Solidarity” in the City of El Cerrito.

Contact: Holly M. Charléty, City Clerk, City Management Pulled from Consent by Mayor Pro Tem Rudnick
Moved/Seconded: Councilmember Quinto/Mayor Pro Tem Rudnick Action: Approved Proclamation Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None
G. Resolution Opposing Initiative No. 21-0042A1, the California Business Roundtable "Taxpayer Protection and Government Accountability Act"
Action Proposed: Adopt a resolution in Opposition to the California Business Roundtable "Taxpayer Protection and Government Accountability Act " (Initiative No. 21-0042A1) that would amend the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and make it more difficult to impose fines and penalties for violation of state and local laws.

Contact: Karen Pinkos, City Manager, City Management
Action: Approved Resolution No. 2023-11
H. Authorize City Council and City Advisory Body Meetings to be Held Via Teleconference Pursuant to Assembly Bill 361 (AB 361) Action Proposed: Adopt a resolution authorizing City Council and City Advisory Body meetings to be held via teleconference through February 28 2023, and making related findings pursuant to AB 361.

Contact: Holly M. Charléty, City Clerk, City Management Action: Approved Resolution No. 2023-12
I. Amendment to Consulting Services Agreement with Tripepi Smith Action Proposed: Adopt a resolution to authorize the City Manager to execute an extension to the consulting services agreement with Tripepi Smith for Communication Services.

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Contact: Alexandra Orologas, Assistant City Manager, City Management Action: Approved Resolution No. 2023-13
J. Cooperative Agreement between the City and AC Transit for Design, Construction, Operations and Maintenance of the Rapid Corridors Project
Action Proposed: Adopt a resolution approving and authorizing the City Manager to execute a Cooperative Agreement between the City of El Cerrito (City) and the Alameda-Contra Costa Transit District (AC Transit) for Design, Construction, Operations and Maintenance of the Rapid Corridors Project.

Contact: Roland Lambert, Interim Engineering Manager/Senior Engineer; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Action: Approved Resolution No. 2023-14

7. PUBLIC HEARINGS

8. POLICY MATTERS
A. Library Study Session - El Cerrito Plaza BART TOD Project Action Proposed: Conduct a study session to review and discuss plans to include a City-owned Library facility as part of the El Cerrito Plaza BART Transit-Oriented Development project, including the cost to the City and funding options, and provide direction to City staff.

Contact: Will Provost, Operations and Environmental Services Division Manager, Public Works Department; Melanie Mintz, Community Development Director, Community Development Department; Karen Pinkos, City Manager, City Management
Mayor Motoyama recused herself to avoid any potential conflict of interest and left the council chambers at 6:37 PM.

Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding county support, size of proposed library, accommodations for expected future growth in city population, next steps, requested action, estimated funding assumptions, increasing bond rating, ballot options, survey questions and tools, and cost offset by combining the project with BART development.

All written comments submitted prior to and during the meeting were posted online as supplemental materials and incorporated into the official meeting record. Written public comments for this item were received from Steven Price, Rachel Rosekind, Charles Taylor, David Weinstein, and Al Miller.

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Oral Comments
Al Miller - on behalf of the El Cerrito Library Foundation, spoke in support of a library as part of the BART project.

Tom Panas - spoke in support of the project with an increased focus on pedestrian access to the site.

Michael Fischer - commented as the El Cerrito Library Commissioner in support of a new library.

Greg Lyman - spoke in support of a city-owned library as part of the Plaza Bart project, and a ballot measure for funding in March 2024.

Dan Schulman - spoke in support of a library as part of the transitoriented development, inquired about a plan if ballot measure fails, and options for matching funds.

Rachel Rosekind - commented on the importance of libraries, equity in action, community connection, and need for robust outreach.

Howdy Goudey - spoke in support of the library project, leveraging savings to reinvest in the project, need to focus on the interactions of surrounding areas, and expressed concerns about the project layout.

Rochelle Wheeler - spoke in support of the project, identification of grant funding, and ways to include contributions of neighboring Richmond constituents.

Moved/Seconded: Councilmember Wysinger/Councilmember Fadelli Action: Passed a motion directing staff to move forward with exploring a ballot measure for library funding. Ayes: Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None Absent: Mayor Motoyama (recused due to potential conflict of interest)

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

Mayor Motoyama returned to the Council Chambers at 8:13 PM.

Mayor Pro Tem Rudnick - announced her appointment as Chair for RecycleMore, and reported on a meeting with Make El Cerrito Fire Safe Group.

Councilmember Quinto - reported the upcoming Cal Cities Board meeting and announced his appointment as Vice Chair for Marin Clean Energy.

Mayor Motoyama - reported attendance at the East Bay Economic Development Alliance meeting, the ribbon cutting for CapeQueen Salon, Environmental Quality Commission, Association of Bay Area Government executive board meeting, and spoke at Rosie the Riveter Day of Remembrance event.

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10. ADJOURN REGULAR CITY COUNCIL MEETING
The regular meeting adjourned at 8:15 PM.

Lisa Motoyama, Mayor
This is to certify that the foregoing is a true and correct copy of the minutes of the City Council meeting of February 21, 2023 as approved by the El Cerrito City Council.

Holly M. Charléty, MMC, City Clerk
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Mayor Councilmembers
Lisa Motoyama Paul Fadelli
Mayor Pro Tem Gabriel Quinto
Tessa Rudnick Carolyn Wysinger

EL CERRITO CITY COUNCIL DRAFT MINUTES
TUESDAY, MARCH 7, 2023
View (Regular Meeting Only):

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

Public Comments:

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.

3. By Phone at 1-408-638-0968, dial *9 to "raise your hand".

4. By Email to [email protected] identified in the subject line as Public Comments – Agenda Item #.

SPECIAL CITY COUNCIL MEETING (5:00 PM)
Hillside Conference Room - 10890 San Pablo Ave, El Cerrito Join Via Zoom:
https://us06web.zoom.us/j/88662612126?pwd=VGF0S1REYWFzTGRvM2FFV08xcVdpQT09 Meeting ID: 886 6261 2126 Password: 505123 Dial in: 1-408-638-0968 REGULAR CITY COUNCIL MEETING (6:00 PM)
Council Chambers - 10890 San Pablo Ave, El Cerrito
Join Via Zoom:
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5:00 PM ROLL CALL - CONVENE SPECIAL CITY COUNCIL MEETING

1. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A

COUNCILMEMBER TO PARTICIPATE IN THE MEETING REMOTELY DUE TO EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449

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

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

Employee Organizations: Public Safety Management Association; and United Professional Firefighters Local 1230.

Contact: Sky Woodruff, City Attorney, City Management

4. ADJOURN SPECIAL CITY COUNCIL MEETING
The 5:00 PM Special Meeting was cancelled.
6:00 PM ROLL CALL – CONVENE REGULAR CITY COUNCIL MEETING Mayor Motoyama called the meeting to order at 6:02 PM. Present InPerson: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Present Remotely: Councilmember Wysinger (Just Cause) Absent: None

1. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A

COUNCILMEMBER TO PARTICIPATE IN THE MEETING REMOTELY DUE TO EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449

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

MOMENT OF SILENCE

3. 4. TELECONFERENCE AND PUBLIC COMMENT INSTRUCTIONS

5. 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.

Councilmember Fadelli - announced upcoming events for Arbor Week including Tree Walk, Trail Trekkers Hillside Plant Walk, and French Broom pull in Hillside Natural Area.

Mayor Motoyama – announced upcoming attendance at the Civicwell Conference.

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6. 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.

Oral Public Comments:

Cordell Hindler - requested future agenda item regarding the recovery of the Port of Oakland and commented on the need for installation of speed bumps on Ashbury.

7. PRESENTATIONS
A. Induction of Norman La Force into the El Cerrito Wall of Fame Action Proposed: Adopt a Resolution to induct Norman La Force into the El Cerrito Wall of Fame, as directed by the City Council on December 6, 2022.

Contact: Holly M. Charléty, City Clerk, City Management Presentation and Discussion: City Council members provided thanks and recognition of Mr. La Force's dedication and efforts for the El Cerrito Community.

Public Comments:

Robert Cheasty and Arthur Feinstein- shared comments in support of Mr.

La Forces' induction as individuals who submitted the nomination application.

Dave Weinstein - spoke in support of the induction of Mr. La Force and commented on past efforts working with the Trail Trekkers.

Annaliese La Force - spoke in support of her father's induction into the wall of fame.

Moved/Seconded: Councilmember Quinto/Councilmember Fadelli Action: Approved Resolution No. 2023-15. Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None

8. 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.

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Moved/Seconded: Mayor Pro Tem Rudnick/Councilmember Quinto Action: Approve consent item # A, C, E-H as indicated below. Ayes:

Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember
Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None A. Women's History Month Proclamation
Action Proposed: Pass a motion to approve a proclamation designating March as “Women’s History Month” and March 8, 2023 as “International Women’s Day" in the City of El Cerrito.

Contact: Alexandra Orologas, Assistant City Manager, City Management Action: Approved proclamation
B. American Red Cross Month Proclamation
Action Proposed: Pass a motion to approve a proclamation declaring March 2023 as American Red Cross Month in the City of El Cerrito and encouraging all Americans to support this organization and its noble humanitarian mission.

Contact: Holly M. Charléty, City Clerk, City Management Pulled from Consent by Councilmember Rudnick. Moved/Seconded:

Mayor Pro Tem Rudnick/Councilmember Fadelli Action: Approved proclamation Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None
C. Arbor Week Proclamation
Action Proposed: Pass a motion to approve a proclamation declaring March 7 through March 14, 2023 as Arbor Week in the City of El Cerrito.

Contact: Stephen Prée, Environmental Programs Manager, Public Works Department
Action: Approved proclamation
D. Proclamation Recognizing March 10, 2023 as the 64th Anniversary of the Tibetan Uprising Day
Action Proposed: At the request of Councilmember Quinto, approve a proclamation recognizing March 10, 2023, the 64th anniversary of the Tibetan national uprising, as “Tibet Uprising Day” in the City of El Cerrito and display the Tibetan flag at City Hall.

Contact: Alexandra Orologas, Assistant City Manager, City Management Pulled from Consent by Mayor Pro Tem Rudnick. Moved/Seconded:

Councilmember Quinto/Mayor Pro Tem Rudnick Action: Approved proclamation Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None
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E. Approve a Modification to the Travel Allotment for Councilmember Gabe Quinto
Action Proposed: Pass a motion to approve an increase to the travel allotment for Councilmember Gabe Quinto for FY 2022-2023 in an amount of $2,100 to cover the cost of attendance at the National League of Cities City Summit.

Contact: Holly M. Charléty, City Clerk, City Management Action: Approved allotment modification
F. Authorization of Prohousing Incentive Pilot Program Application Action Proposed: Adopt a resolution authorizing staff to apply for the Prohousing Incentive Pilot Program.

Contact: Aissia Ashoori, Housing Manager, Community Development Department; Melanie Mintz, Community Development Director Action: Approved Resolution No. 2023-16
G. Amendment No. 1 to Caltrans Freeway Maintenance Agreement for El Cerrito del Norte Transit-Oriented Development Complete Streets Improvement Project and On-going Operations
Action Proposed: Adopt a resolution approving and authorizing the City Manager to execute Amendment No. 1 to the Freeway Maintenance Agreement of State Highways in the City of El Cerrito (FMA Amendment No. 1) between the State of California Department of Transportation (Caltrans) and the City of El Cerrito (City) for the El Cerrito del Norte Transit-Oriented Development (TOD) Complete Streets Improvement Project and on-going operations.

Contact: Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Action: Approved Resolution No. 2023-17
H. Amend Professional Services Agreement for 4Leaf, Inc. for Permit Processing, Inspection, and Other Technical Services
Action Proposed: Adopt a resolution authorizing the City Manager to execute an amendment to the existing professional services agreement with 4Leaf, Inc., to increase the amount for FY 2022-23 from $500,000 to $875,000.

Contact: Melanie Mintz, Community Development Director, Community Development Department
Action: Approved Resolution No. 2023-18

9. PUBLIC HEARINGS

10. POLICY MATTERS
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A. Adoption of a Memorandum of Understanding between the City of El Cerrito and the United Professional Firefighters Local 1230 Action Proposed: Adopt a resolution approving an agreement between the City of El Cerrito and the United Professional Firefighters Local 1230 modifying language on salaries, benefits, and creating a new Memorandum of Understanding.

Contact: Shannon Bassi, Senior Human Resources Analyst, Human Resources
Public Comments:

David Ciappara - spoke as a representative of Local 1230 and in support of the proposed agreement.

Moved/Seconded: Mayor Pro Tem Rudnick/Councilmember Quinto Action: Approved Resolution No. 2023-19. Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None
B. Construction Contract Award for 2023 Slurry Seal Project, City Project No. C3027.23
Action Proposed: Adopt a resolution approving plans and specifications for the 2023 Slurry Seal Project, City Project No. C3027.23 (Project); accepting the five bids submitted for the Project; authorizing the City Manager to execute a contract in the amount of $912,120 with VSS International, Inc. and to approve change orders in an amount not to exceed $92,000 for the construction of the Project; and amending the Fiscal Year (FY) 2022-23 Adopted Budget and Measure A Annual Program of Maintenance and Improvement to transfer $455,420 from the Measure A Street Improvement Fund Balance to the Measure A Annual Program of Maintenance and Improvement /Capital Outlay for the Project.

Contact: Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding current city pavement rating, responsibility for paving the Ohlone Greenway, process of identifying streets to pave, source of requested additional funding, and Measure A fund balance.

Moved/Seconded: Councilmember Fadelli/Mayor Pro Tem Rudnick Action: Approved Resolution No. 2023-20. Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None
C. FY 2022-23 Second Quarter General Fund Update
Action Proposed: Receive and file the FY 2022-23 General Fund Budget Quarterly update through December 2022.

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Action: Received and filed
D. Fiscal Year 2022-23 Midyear Budget Update
Action Proposed: Receive an update on City revenues and expenditures for the first six months of the fiscal year through December 31, 2022 and adopt a resolution authorizing amendment to the FY 2022- 23 budget and approving new spending limits.

Contact: Sandra Dalida, Finance Director/Treasurer, Finance Department Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding accounting for July 4th donations, accountability for use of donated funds, dedicated fund for computer equipment upgrades, vehicle maintenance funds, replacement with clean air vehicles, projections and assumptions, cannabis funds, fund reserve balance, notice of significant shifts in funds between departments, and timing of PERS discount rate change.

Oral Public Comments
Linda Cain - commented on the use of electric vehicles for the fire department and expressed appreciation for the service by fire personnel.

Howdy Goudey - expressed appreciation for the discussion on the city's climate responsibility and requested stronger policy direction.

Moved/Seconded: Councilmember Fadelli/Mayor Pro Tem Rudnick Action: Approved Resolution No. 2023-21. Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None

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

Mayor Pro Tem Rudnick - reported on attendance at memorial for Councilmember Abelson, Park and Recreation Commission meeting, and community art show on Scott Street.

Councilmember Quinto - reported on attendance at Cal Cities Board of Director meeting and announced upcoming trip to Washington DC representing both the City and Marin Clean Energy.

Councilmember Wysinger - reported on attendance at Economic Development Committee meeting.

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Motoyama - reported on attendance at the women elected leaders of west Contra Costa County, Design Review Board meeting, Tibetan association new year’s celebration, and memorial for Councilmember Abelson, meeting with Make El Cerrito Fire Safe, Arts and Culture Commission meeting, Elk Lodge Recognition dinner, and Contra Costa Mayors Conference.

12. ADJOURN REGULAR CITY COUNCIL MEETING
The regular meeting adjourned at 8:30 PM in memory of former city employee Noel Ibalio.

Lisa Motoyama, Mayor
This is to certify that the foregoing is a true and correct copy of the minutes of the City Council meeting of March 7, 2023 as approved by the El Cerrito City Council.

Holly M. Charléty, MMC, City Clerk
Agenda Packet Page 194 of 401
Agenda Item No. 7.B.

EL CERRITO CITY COUNCIL PROCLAMATION
Designating March 2023 as Prescription Drug Abuse Awareness Month WHEREAS, when used as prescribed by a doctor, prescription medicines such as stimulants, sedatives and opioids can be helpful in treating many illnesses, but when these medications are misused, they can have serious consequences1; and WHEREAS, many prescription drugs can alter a person’s thinking and judgment, and can lead to health risks, including addiction, drugged driving, infectious disease, and adverse effects on pregnancy2; and
WHEREAS, anyone who takes prescription opioids can become addicted to them. In fact, as many as one in four patients receiving long-term opioid therapy in a primary care setting struggles with opioid use disorder (OUD); Furthermore, prescription opioid overdose deaths also often involve benzodiazepines. Benzodiazepines are central nervous system depressants used to sedate, induce sleep, prevent seizures, and relieve anxiety. The Centers for Disease Control and Prevention (CDC) recommends avoiding taking benzodiazepines while taking prescription opioids whenever possible due to the risk of overdose3; and WHEREAS, in 2021 in Contra Costa County there were 498,097 opioid prescriptions given to patients which is an age-adjusted rate of 349.6 per 1,000 residents, higher than the state rate of 321.7. A total of 21,016 emergency department visits occurred in California that were related to any opioid overdose and 341 of those visits occurred in Contra Costa County.

According to the Center for Disease Control (CDC), 106,699 drug overdose deaths occurred nationally in 2021, 80,411 were from opioids and 183 of those opioid related overdose deaths occurred in Contra Costa County4; and
WHEREAS, synthetic opioids other than methadone (primarily fentanyl) and stimulants such as methamphetamine were the main drivers of drug overdose deaths in the U.S. in 20215; and
WHEREAS, to help prevent substance use disorder and overdose deaths, the El Cerrito City Council encourages community members to dispose of their expired and unwanted prescription drugs throughout the year and safely store those still needed; and WHEREAS, the Contra Costa County Medication Education and Disposal Safety (MEDS) Coalition engages all community members in the county to participate in Prescription Drug Abuse Awareness Month activities to raise prescription drug safety awareness.

NOW THEREFORE, the City Council of the City of El Cerrito does hereby proclaim March 2023 as Prescription Drug Abuse Awareness Month in the City of El Cerrito and encourages all residents to participate in prescription drug abuse related prevention activities and pledge to, “Spread the Word… One Pill Can Kill.”
Dated: March 21, 2023
__________________________
Lisa Motoyama, Mayor
1 https://www.drugabuse.gov/drug-topics/prescription-medicines 2 https://www.drugabuse.gov/drug-topics/commonly-used-drugs-charts#prescription-opioids 3 https://www.cdc.gov/opioids/basics/prescribed.html
4 https://skylab.cdph.ca.gov/ODdash/?tab=CTY
5 https://nida.nih.gov/research-topics/trends-statistics/overdose-death-rates Agenda Packet Page 195 of 401
Agenda Item No. 7.C.

EL CERRITO CITY COUNCIL PROCLAMATION
Designating April 2, 2023 as Education & Sharing Day in El Cerrito WHEREAS, a quality education is one of the significant foundations for the continuing success of our state, our country, and our society at large; and in the city of El Cerrito we strive for the betterment of all of our citizens through an increased focus on education and sharing; and
WHEREAS, through providing the possibility of an excellent education for all, especially children, with which to gain knowledge through rigorous study, we can create hope for a brighter, kinder and more united and prosperous future in the lives of so many; and
WHEREAS, the educational system must also focus on building character by emphasizing the cultivation of universal moral and ethical values that have been the bedrock of society from the dawn of civilization; and
WHEREAS, one of the leading global advocates for the advancement of education, the Lubavitcher Rebbe, Rabbi Menachem Schneerson, of righteous memory, stressed the importance of moral and ethical education as the bedrock of humanity and the hallmark of a healthy society, and strongly urged that education be reinforced by the inculcation of strong moral values; and WHEREAS, in recognition of the Rebbe's outstanding and lasting contributions toward improvements in world education, morality, and acts of charity, he was awarded the Congressional Gold Medal, and the United States Congress has established his birthdate as a national day to raise awareness and strengthen the education of our children; and
WHEREAS, April 2, 2023 will mark 121 years since the Rebbe’s birth, and the date will be celebrated across these United States and around the globe in tribute to the Rebbe’s vision, guidance and leadership; and WHEREAS, for more than forty years the President of the United States has recognized and honored the Rebbe's vision each year on that day by proclaiming it "Education & Sharing Day USA".

NOW, THEREFORE, the City Council of the City of El Cerrito, does hereby proclaim April 2, 2023, as Education and Sharing Day in the City of El Cerrito and call upon government officials, educators, volunteers, and residents to reach out to those within your communities and work to create a better, brighter, and more hopeful future for all.

Dated: March 21, 2023
Lisa Motoyama, Mayor
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AGENDA BILL
Agenda Item No. 7.D.

Date: March 21, 2023
To: El Cerrito City Council
From: Aissia Ashoori, Housing-Economic Development Manager Subject: Economic Development Committee Appointments

ACTION PROPOSED
Approve an Economic Development Committee recommendation to reappoint member Jean Shrem and George Gager, effective March 1, 2023.

BACKGROUND/ANALYSIS
Jean Shrem has resided in El Cerrito for twenty-four years. She is a licensed attorney and operates her law practice in El Cerrito. As a local business owner who specializes in business law, her experience and skills are of great value to the Economic Development Committee (EDC). Ms. Shrem has demonstrated through her many years of service to the EDC that she is committed to the economic prosperity of local businesses, which is aligned with the mission of EDC and adds value to community involvement.

George Gager has resided in El Cerrito for over twenty years. Mr. Gager is a business professional and executive who has served on the Committee since November 19, 2014. He is also an active member of the Arts and Culture Commission. Mr. Gager has demonstrated through his participation in EDC meetings and events that he is committed to keeping with the mission of the Committee and bolstering economic growth in our community.

The Economic Development Committee voted unanimously to recommend both appointments at its regular meeting on February 27, 2023.

If the Council approves this recommendation for reappointment, the number of committee members will be 11 out of a possible membership total of 15, as established by Resolution 2013-66.

STRATEGIC PLAN CONSIDERATIONS
Approval of the re-appointments will help fulfill the City of El Cerrito Strategic Plan Goal C "Deepen a sense of place and community identity” with the identified strategy “Celebrate the City’s diversity by welcoming residents of all ages and cultures and encouraging their civic involvement”.

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

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Agenda Item No. 7.D.

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

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

Reviewed by:

Alexandra Orologas, Assistant City Manager
Attachments:

Application(s) on File with the City Clerk
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AGENDA BILL
Agenda Item No. 7.E.

Date: March 21, 2023
To: El Cerrito City Council
From: Bridget Cooney, Recreation Supervisor, Recreation Department Subject: Committee on Aging Appointments

ACTION PROPOSED
Approve the Committee on Aging recommendation and re-appoint Janet James and Kim Marlia to the Committee, effective March 1, 2023.

BACKGROUND AND ANALYSIS
In January 2023, the City received applications from Janet James and Kim Marlia to continue serving on the Committee on Aging (COA). Janet James has been serving on the COA since 1998 and Kim Marlia has been serving on the COA since 2012. At their February 15, 2023 meeting, the COA voted to recommend to the City Council the reappointment of both Janet James and Kim Marlia to the COA.

Janet James has been the Executive Director of Eskaton Hazel Shirley Manor since it opened in 1986. She has been a long-time El Cerrito resident for over 40 years. As Executive Director of Eskaton Hazel Shirley Manor, Janet is committed to serving lowincome seniors in El Cerrito. Ms. James is dedicated and passionate about serving seniors in the community and hopes to continue serving on the COA.

Kim Marlia worked as a litigation attorney for the U.S. Department of Housing and Urban Development, focusing on enforcing Fair Housing laws for over ten years. He has been a long-time El Cerrito resident for over 23 years. As a member of the COA, Kim helped develop and continues to be a part of the Centenarian Recognition program which gives a Mayoral Certificate of Recognition to El Cerrito residents who are 100 years old or older. Kim is dedicated to serving seniors in the community and hopes to continue serving on the COA.

If the City Council approves these recommendations, the number of Committee members will be ten out of a possible membership total of fifteen.

STRATEGIC PLAN CONSIDERATIONS
Approval of the re-appointment of Janet James and Kim Marlia to serve on the Committee on Aging will help fulfill the City of El Cerrito Strategic Plan Goal C "Deepen a sense of place and community identity” with the identified strategy “Celebrate the City’s diversity by welcoming residents of all ages and cultures and encouraging their civic involvement”.

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Agenda Item No. 7.E.

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:

Alexandra Orologas, Assistant City Manager
Attachments:

Application(s) on File with the City Clerk
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AGENDA BILL
Agenda Item No. 7.F.

Date: March 21, 2023
To: El Cerrito City Council
From: Diego Romero, Assistant Planner; Aissia Ashoori, Housing-Economic Development Manager; Sean Moss, Planning Manager, Community Development Department
Subject: Annual Progress Report for the General Plan & Housing Element

ACTION PROPOSED
Receive and file the attached 2022 Annual Progress Report on the General Plan and Housing Element.

BACKGROUND
Government Code Section 65400(b) requires that an annual General Plan progress report be provided to the local legislative body, the Governor’s Office of Planning and Research (OPR), and the Department of Housing and Community Development (HCD).

The purpose of the report is to discuss the City’s progress in implementing the General Plan, meeting its share of regional housing needs, and removing governmental constraints to the maintenance, improvement and development of housing.

ANALYSIS
The attached report (Attachment 1) covers the period from January 1, 2022 to December 31, 2022, and reports on the progress the City made in 2022 toward achieving each policy identified in the General Plan. The Housing Element is one of the seven required elements, or chapters, of the General Plan. HCD provides specific tables for jurisdictions to use for reporting on the progress of the Housing Element. The 2022 Housing Element Progress Report is included as Attachment 2. After the City Council’s review, the report will be forwarded to the Governor’s Office of Planning and Research and the Department of Housing and Community Development.

The following two sections highlight important achievements of the City that are detailed in the reports with respect to implementation of the General Plan, and the Housing Element specifically.

General Plan Highlights
The San Pablo Ave Specific Plan update and Supplemental Environmental Impact Report were adopted in December 2022 to allow for additional development capacity within the Specific Plan area. As part of this update, residential projects of 5 units or more located in the Specific Plan area are now required to use only electricity as an energy source, with limited exceptions for natural gas use, which will help transition buildings to run on 100% renewable energy.

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Agenda Item No. 7.F.

The City also issued a Request for Proposals in 2022 for the preparation of an update to the City’s Climate Action Plan. In 2023, the City will begin the Climate Action Plan update to achieve more ambitious targets, likely with the goal of achieving net zero emissions citywide.

In 2022, the Design Review Board approved a project at 6115 Potrero Ave, which represents an entitlement of a total 63 new residential units and 6,220 square feet of ground floor commercial space which includes a proposed restaurant and brewery.

The design of the El Cerrito del Norte Transit Oriented Development (TOD) Complete Streets Improvement Project was substantially completed in 2022. This project consists of access, safety and circulation improvements for bicyclists, pedestrians, transit riders, and motorists to support the El Cerrito del Norte BART Station and transit-oriented development in the San Pablo Avenue Uptown District. Improvements to be constructed as part of the project consist of enhanced and new protected crosswalks, new contextsensitive bikeways, bus boarding islands, circulation improvements, and various streetscape enhancements. Construction is anticipated to begin in the fall of 2023.

The City also created a new position and hired a Sustainable Transportation Program Manager who, among other things, will be tasked with developing a new parking management program to efficiently manage parking around the proposed El Cerrito Plaza Station TOD project as well as advance other multimodal improvements throughout the City.

In 2022, the City began a pilot program with GIG carshare to launch a dockless car sharing program, providing an additional transportation option for individuals that do not own a car and supporting first-mile/last-mile solutions to increase the use of public transportation.

In this same year, the City was also able to return to sponsoring special events like the popular World One 4th of July Festival at Cerrito Vista Park, which had been paused due to the global COVID-19 pandemic. The City also hosted, supported, and participated in a number of environmental events and programs, including: Bike to Work Day, the “Bringing Back the Natives” Garden Tour, and hosting a number of volunteer work parties. The City Council also passed a resolution that ended the local state of emergency as of December 31, 2022.

Housing Element Highlights
In 2022, the City completed several efforts to produce, protect and preserve the City’s housing stock. Some of these key initiatives are described further below. While this list is not exhaustive, it is intended to focus on implementation efforts that will advance through the 6th Cycle Housing Element between 2023-31.

In 2018, the City received grant funding from HCD and the Metropolitian Transportation Commission (MTC) to fund/update the San Pablo Avenue Specific Plan, including a Supplemental Environmental Impact Report (SEIR) and an analysis of opportunity sites.

The San Pablo Avenue Specific Plan supports various housing goals and measurably Agenda Packet Page 202 of 401
Agenda Item No. 7.F.
accelerates housing production through CEQA streamlining. The SEIR and Specific Plan Update were certified and adopted respectively on December 6, 2022, providing development capacity for 2,500 new housing units which will assist in fulfilling the City’s Regional Housing Needs Assignment of 1,400 new units during 2023-2031 planning period.

Mayfair Affordable (11690 San Pablo Avenue) received a funding award of $27 million through the Affordable Housing Sustainable Communities Program as part of a joint application between BRIDGE Housing, the City and BART. The City also partnered with BRIDGE Housing in 2022 to secure funding through the Contra Costa County, Permanent Local Housing Allocation Program. This transit-oriented development is slated to break ground in early 2024 and once completed will provide 69 units of affordable housing.

Due to the pandemic, the Residential Rental Inspection Program (RRIP) was suspended in 2020. During this time, the City continued to respond to resident requests on an as-needed basis. Based on public health guidance, City staff was able to resume its proactive RRIP in 2022.

Beginning in 2022, staff worked with a consultant through the City’s procurement process to identify and screen the City's existing housing stock to confirm and quantify residential buildings with potential seismic deficiencies resulting from the inclusion of suspected wood frame target stories (WFTS) — also known as soft stories. The analysis will inform future policy considerations regarding the City's existing housing stock. This opportunity was made possible through a grant from the Federal Emergency Management Agency and the Governor’s Office of Emergency Services under the Hazard Mitigation Grant Program.

STRATEGIC PLAN CONSIDERATIONS
The Strategic Plan establishes the vision and goals for El Cerrito which are consistent with the goals and policies of the General Plan. Each goal of the Strategic Plan is represented within the programs, policies, and efforts that have been identified in these reports.

ENVIRONMENTAL CONSIDERATIONS
Preparation and submission of this report is not a project pursuant to the California Environmental Quality Act (CEQA) and is therefore not subject to environmental review.

All required environmental review of projects identified in the report will be conducted prior to commencing each project.

FINANCIAL CONSIDERATIONS
Expenditures for projects and efforts identified in these reports are evaluated on an ongoing basis through the City’s budget process as needed.

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Agenda Item No. 7.F.

LEGAL CONSIDERATIONS
The City Attorney has reviewed this agenda bill and the attached reports.

Reviewed by:

Alexandra Orologas, Assistant City Manager
Attachments:

1. 2022 Annual General Plan Progress Report

2. 2022 Housing Element Annual Progress Report
Agenda Packet Page 204 of 401
Annual Progress Report on the
General Plan 2022
March 2023
City of El Cerrito
Community Development Department
10890 San Pablo Avenue
El Cerrito, CA 94530
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2 INTRODUCTION
As required by Government Code Section 65400(b), every city must submit an annual progress report to their legislative body, the Governor’s Office of Planning and Research (OPR), and the Department of Housing and Community Development (HCD) on the implementation status of their General Plan. The annual report must also include discussion on the City's progress in providing its required share of affordable housing pursuant to Government Code Section 65584 and its efforts to remove governmental constraints for the maintenance, improvement and development of affordable housing per Section 65583.c(3) of the California Government Code.

This General Plan Annual Progress Report covers the period from January 1, 2022 to December 31, 2022.

The purpose for the Annual Progress Report is to assess how the General Plan is being implemented in accordance with adopted goals, policies and implementation measures; identify any necessary adjustments or modifications to the General Plan as a means to improve local implementation; provide a clear correlation between land use decisions that have been made during the 12-month reporting period and the goals, policies and implementation measures contained in the General Plan; and, to provide information regarding local agency progress in meeting its share of regional housing needs.

BACKGROUND
On August 30, 1999, the El Cerrito City Council adopted the City's current General Plan for implementation. The General Plan has nine elements contained within four separate chapters: Community Development and Design, Transportation and Circulation, Public Facilities and Services, Resources and Hazards. The General Plan contains the seven state-required elements which are land use, circulation, housing, conservation, open space, safety and noise. The State allows the combining of elements or the addition of new elements as long as the required seven elements are present in some fashion.

The General Plan is the City’s vision for achieving more balanced residential, commercial, and civic uses within the city. The process of preparing the General Plan took place in 1998 and 1999 as the City embarked on a program to bring its 1975 General Plan up to date so that it could better meet future challenges. The process resulted in the following ten key principles designed to improve the quality of development and the long-term fiscal health of the City so that it can remain an attractive place to live and work:

1. No major changes in land-use patterns are expected to occur.

2. Emphasis will be on quality of development.

3. Incentives, if used, will have clear criteria and limits.

4. Emphasis will be on impacts of development, not on the type of development itself.

5. Increased residential development, where allowed, must be done with care in order to enhance neighborhoods.

6. New development in the San Pablo Avenue Corridor will be encouraged to take place in mixed-use activity centers that may extend up selected perpendicular streets in order to allow a more pedestrian friendly environment.

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3 7. The preservation and enhancement of natural features – trees, creeks, natural open space areas – and historical features will be a high priority for the City.

8. The City should have distinct destination areas, including commercial areas, a civic center and community meeting places.

9. Development should contribute to the fiscal health of the City while minimizing adverse impacts.

10. Access should be improved by balancing automobile use with improved transit, bicycle, and pedestrian opportunities.

The General Plan sets forth the City’s policies regarding the types and locations of future land uses and activities. It describes the desired character and quality of development as well as the process for how development should proceed.

While this General Plan can address many City issues, factors beyond El Cerrito’s control have significant influence over its future land use and development patterns:
• Market forces play an important role in determining what types of uses are economically feasible and, therefore, built.
• Land use and transportation decisions in other cities and counties, and by state and regional agencies, affect El Cerrito.
• Our system of property rights places certain limitations on what cities can do in prescribing future land uses.
• California environmental law requires that we designate land uses in accordance with available infrastructure capacity (streets, sewer, water, natural resources, etc.).

Thus, in creating the current General Plan, El Cerrito went through a process that ascertained the community’s values for future land uses and activities, and balanced these values with market factors, city revenues, environmental constraints, and private property rights.

The El Cerrito General Plan reflects the aspirations and values of El Cerrito’s residents and their elected representatives. The City Council, Planning Commission and staff use the Plan in considering land use and planning-related decisions. City staff uses the Plan on a day-to-day basis to administer and regulate land use and development activity.

Citizens can use the Plan to understand the City’s approach to regulating development, protecting resources, and upholding community values.

GENERAL PLAN ADOPTION AND AMENDMENTS

1. Adoption Dates of Mandatory General Plan Elements
General Plan Element Latest Adoption
Land Use 1999
Circulation 1999
Housing 2015
Open Space 1999
Conservation 1999
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4 Safety 1999
Noise 1999

2. List of General Plan Amendments
• The 2013 Growth Management Element Update.
• 2014 amendments to enable adoption of the San Pablo Avenue Specific Plan, including amendments to Chapter 2: Strategic Approach, Chapter 4: Community Development and Design, and Chapter 5: Transportation and Circulation and amendments to the General Plan land use map.
• The 2015-2023 Housing Element.

GENERAL PLAN UPDATES
Safety Element
City staff plans to issue a Request for Proposals for an update to the City’s Safety Element in 2023. Staff will return to the City Council with a budget authorization for this effort.

Overall General Plan Update
At this time, funding for a complete General Plan update must be identified.

GENERAL PLAN IMPLEMENTATION
Chapter 4: Community Development and Design
Land Use
Goal LU1: A high-quality residential character within El Cerrito.

The City continued to implement the 2008 Zoning Ordinance and the San Pablo Avenue Specific Plan, which promote a high-quality of development. In 2022, the City issued 1,377 building permits, took in 1,506 building permit applications, conducted 7,398 building inspections, and 170 rental housing inspections. It also reviewed 160 planning entitlements.

Goal LU2: A land use pattern and mix of uses that contribute to the financial health and stability of the community.

The City continued to implement the San Pablo Avenue Specific Plan and processed several land use applications in the Specific Plan area that represented a range of land uses, including a preschool and mixed use project. This included six Tier I Design Review applications that improved the façades, added signs and generally improved storefronts of many new and existing businesses. In 2022, two new applications were submitted to the City for new multifamily development projects, which propose 322 new dwelling units.

An update to the San Pablo Avenue Specific Plan and a Supplemental Environmental Impact Report were adopted in December 2022 to allow for additional development capacity.

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5 New developments often entail a transfer of property and are reassessed both at transfer and upon development and contribute substantially higher property taxes to the City then the previous uses, as well as providing both opportunities for new businesses (for properties containing commercial and/or live-work space) and new customers and pedestrian-traffic for existing commercial properties and businesses.

In 2022, the City continued to use grant funding to assist in the preparation of program Supplemental Environmental Impact Report (SEIR) for the San Pablo Avenue Specific Plan update, which was certified in December 2022. In 2022, the City also used a Local Early Action Planning (LEAP) from the California Department of Housing and Community Development grant to help fund the City’s Housing Element update. These updates will allow for continued development pursuant to the Specific Plan, building on the plan’s success, to date.

Goal LU3: A development pattern that enhances a strong sense of community.

Implementation of the San Pablo Avenue Specific Plan continued to move forward. In 2022, the Design Review Board approved one new residential development project within the Specific Plan area. This project represents an entitlement of a total 63 new residential units and 6,220 square feet of ground floor commercial space. This project at 6115 Potrero Ave was approved by the Design Review Board on May 4, 2022.

The project at 6115 Potrero Ave is expected to add activity to the City’s Uptown area with a proposed brewery and restaurant and a 1,000 square foot outdoor patio along San Pablo Avenue. This project will enhance the sense of place along Potrero and San Pablo Avenue and add activity to the City’s major corridor. These new spaces will serve as important amenities for the community.

Goal LU4: A safe, attractive, and interesting community The City continued to implement community policing to promote public safety.

The City’s building projects, both large and small were subject to a vigorous review and inspection process.

The City’s Arts and Culture Commission continued to promote efforts to support public art in the community.

In 2022, the Design Review Board approved two projects (1755 Eastshore & 6115 Potrero) which will either provide public art as part of the project or make an in-lieu contribution equal to one percent of development cost (up to a maximum of $150,000).

Goal LU5: A land use pattern and types of development that support alternatives for the movement of people, goods, and ideas.

The City continued implementation of San Pablo Avenue Specific Plan including identifying sources of funding for the Complete Streets component of the Plan which addresses the safety and usability of streets in the plan area. The City’s Transportation Impact Fee (TIF), which was adopted in 2019 (see discussion under Goal GM4) will Agenda Packet Page 209 of 401
6 provide funding for improvements in the Complete Streets chapter of the Specific Plan.

The City also continues to seek funding and develop projects for improvements identified Active Transportation Plan, which promotes transportation modes that are alternatives to the automobile. The City also continues to seek funding and develop projects for improvements identified Active Transportation Plan, which promotes transportation modes that are alternatives to the automobile. Notably, in 2022 the design of the El Cerrito del Norte TOD Complete Streets Improvement Project, which implements key elements of both the Specific Plan and Active Transportation Plan, was substantially completed and construction as anticipated to begin in fall 2023. This project is intended to support and catalyze Transit Oriented Development (TOD) by creating a safe and comfortable environment that balances the needs of all street users, to improve pedestrian and bicyclist safety and access to housing and the del Norte BART Station, to encourage mode-shift to walking, biking and taking transit, and to support economic development in Uptown El Cerrito by creating a “sense of place”.

In addition, the City continued to implement the Active Transportation Plan, which promotes transportation modes that are alternatives to the automobile.

Goal LU6: Development patterns that promote energy efficiency, conservation of natural resources, and use of renewable rather than nonrenewable resources.

The City continued to implement the Zoning Ordinance, adopted in 2008, and the San Pablo Avenue Specific Plan, adopted in 2014, and updated in 2022. The Specific Plan puts a focus on more intense development within the Plan area and specifically near the City’s two BART stations. By focusing development near existing public transportation infrastructure, the San Pablo Avenue Specific Plan aims to achieve mode shift, reduce dependence on automobile trips and increasing public transportation, bicycle and pedestrian trips. Additionally, in updating the San Pablo Avenue Specific Plan in 2022, the City is now requiring residential projects of 5 units or more located in the Specific Plan Area to only use electricity, with limited exceptions for natural gas use, which will help transition buildings to run on 100% renewable energy as the energy grid transitions to a higher levels of renewable energy.

The City continued to implement the Climate Action Plan which identifies encouraging higher-density, transit-oriented development and improving pedestrian and bicycle infrastructure to reduce overall vehicle miles traveled and resource conservation measures to achieve greater energy and water efficiency as methods to achieve the City’s greenhouse gas reduction targets. The City also continued to monitor and evaluate energy use in the organization’s operations to identify opportunities to reduce usage, greenhouse gas emissions, and costs. In 2022, the City issued an RFP for the preparation of an update to the City’s Climate Action Plan. In 2023, the City will begin the Climate Action Plan update to achieve more ambitious targets, likely with the goal of achieving net zero emissions citywide.

The City continued to implement the California Green Building Standards Code, which requires high levels of energy efficiency in new construction.

In 2022, the City continued to implement a property transfer tax and offered a rebate program for qualifying energy and water conservation measures and for seismic upgrades.

In 2022, 29 properties utilized this rebate.

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7 Community Design
Goal CD1: A city organized and designed with an overall attractive, positive image and “sense of place.”
The City continued to implement the San Pablo Avenue Specific Plan which promotes high-quality development along San Pablo Avenue in order to promote vibrant public spaces and enhance the sense of place. The Specific Plan also requires the provision of publicly accessible open space in larger projects, or payment of an in-lieu fee for the City to invest in open space. Development of new open spaces along San Pablo Avenue will further enhance the attractiveness and sense of place along the City’s primary mixed use corridor.

Goal CD2: A city with attractive, safe, and functional streets, parking areas, and pedestrian walkways.

In 2022, the City continued to implement the El Cerrito Active Transportation Plan. The plan provides a blueprint for continuing the City’s investment in improving safety and providing facilities and infrastructure for bicyclists and pedestrians, based on the changing demands and standards as well as the current goals of the City.

The City has also continued implementation of the Green Infrastructure Plan, approved by the El Cerrito City Council in 2019, to add stormwater facilities to public spaces while making streets more attractive for pedestrians and cyclists. In 2021, construction was completed on the San Pablo Avenue Green Stormwater Spine Project, which was included in the Urban Greening Plan.

As noted above, in 2022, the design of the El Cerrito del Norte TOD Complete Streets Improvement Project, which implements key elements of both the Specific Plan and Active Transportation Plan, was substantially completed and construction as anticipated to begin in fall 2023. Improvements to be constructed as part of the project consist of enhanced and new protected crosswalks, new context-sensitive bikeways, bus boarding islands, circulation improvements, and various streetscape enhancements.

Projects within the Specific Plan area are also required to improve their sidewalk frontages. The Mayfair development, near the del Norte BART station, which is nearly complete also adds a public pedestrian “mew” or walkway which cuts through the block from San Pablo Avenue to Kearney Street.

Goal CD3: A city with attractive landscaping of public and private properties, open space, and public gathering spaces.

The Design Review Board continued to review new landscaping plans on private properties within the Specific Plan area. The Specific Plan continued to require the provision of publicly accessible, privately maintained open space or the payment of an inlieu fee to create new open spaces and enhance existing open spaces.

Goal CD4: Well designed buildings that are compatible with their surroundings.

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8 The City continued to implement the design review process pursuant to the Zoning Ordinance and the San Pablo Avenue Specific Plan to ensure that new development is well-designed.

Goal CD5: A design process that achieves design objectives while being efficient and allowing for flexibility.

The City continued to utilize the design review process to achieve the General Plan goals above. Design review in the City of El Cerrito is intended to encourage high-quality design, well-crafted and maintained buildings and landscaping, the use of higher-quality building materials, and attention to the design and execution of building details and amenities in both public and private projects. The San Pablo Avenue Specific Plan’s Tier IV Design Review process is intended to provide flexibility for projects that do not comply with all development standards in the Specific Plan. Additionally, the Specific Plan also allows administrative approval waivers to specified development standards. The San Pablo Avenue Specific Plan update, adopted in December 2022 revised and clarified the Tier IV Design Review and waivers processes to improve flexibility.

Goal CD6: An urban form that sustains a vital commercial community to meet the diverse needs of the local and regional population.

The City continued to implement the San Pablo Avenue Specific Plan. It encourages mixed use development including commercial uses in addition to intensified residential uses along San Pablo Avenue. The plan strives to create a range of residential unit types which will provide diverse housing types along the Avenue. The new residents of these units will help support successful commercial businesses along San Pablo Avenue and contribute to more vitality in the commercial nodes along San Pablo Avenue.

Housing
See attachment for Housing Element annual report.

Growth Management
Goal GM1: A coordinated regional and sub-regional planning system that provides better service and less congestion for residents of El Cerrito.

The City continued to serve on the West Contra Costa Transportation Advisory Committee (WCCTAC), Technical Advisory Committee and Contra Costa Transportation Authority (CCTA), Technical Coordinating Committee on planning and funding efforts for regional transportation improvements in Contra Costa County. City staff provided input on various planning studies for the region including WCCTAC’s San Pablo Avenue Multimodal Corridor Study Phase 2 Study and the CCTA’s update to the West County Action Plan.

City staff is participating in the I-80 Design Assessment Alternative Study focusing on improving conditions for public transit and HOVs.

The City is also working regionally to introduce programs and technologies that support density and reduce the reliance on and need for car ownership. In 2022, the City began a Agenda Packet Page 212 of 401
9 pilot program with GIG carshare to launch a dockless car sharing program, providing an additional transportation option for individuals that do not own a car and supporting firstmile, last-mile, solutions to increase use of public transportation.

Finally, City staff continued participating in BART’s Berkeley El Cerrito Corridor Access Plan a collaborative effort between BART and the cities along its R-line to identify station access strategies for communities served by the El Cerrito Plaza, North Berkeley, Downtown Berkeley, and Ashby BART stations before 2500 mixed-income apartments are built on the three parking lots. The proposed development will change how BART customers in the surrounding communities get to and from the stations. The goal of the plan is to develop strategies that equitably distribute investments in walking, rolling, biking, riding transit, driving, and parking. The public draft plan was review for public comment in late 2022 and the plan is already helping City staff and BART seek funding for transportation improvements.

Goal GM2: Compliance with applicable level of service standards.

The City, through the CEQA review process, continued to ensure that new development meets the level of service standards in the General Plan and San Pablo Avenue Specific Plan.

The City continued to implement the San Pablo Avenue Specific Plan. The Plan adopted new service standards for streets within the plan area. These service standards are in greater compliance with the City’s complete streets goals.

City staff collaborated with other public agencies in Contra Costa County on the update to the CCTA Growth Management Program to implement SB743. This state legislation changed CEQA evaluation methods for transportation from level of service (LOS) to vehicle miles traveled (VMT). The CCTA, with input from local and sub-regional agencies, developed a countywide evaluation method and recommended VMT significance criteria, and is now working on a mitigation framework. In November 2021 consistent with this guidance, the City adopted VMT thresholds of significance and local criteria for purposes of analyzing transportation impacts under CEQA.

Goal GM3: Timely review of projects that are heavy traffic generators.

All development projects processed by the City are evaluated against and comply with applicable service standards. All applications, regardless of traffic generation, are processed in a timely fashion.

Goal GM4: Effective community-wide programs to reduce traffic impacts of new projects.

City staff developed and the City Council adopted the El Cerrito Transportation Impact Fee (TIF) Program in 2019 to ensure new development pays its fair share of the transportation improvements needed to accommodate growth in El Cerrito. In Fiscal Year 2021-22, the City collected approximately $117,387 in fees for the TIF Program. The list of potential capital improvements eligible for funding with the TIF is based on prior planning studies completed to support the City’s growth and the impact of that growth on the transportation system, as well as to support the City’s Climate Action and Active Agenda Packet Page 213 of 401
10 Transportation goals. The focus of these improvements is to connect El Cerrito residents to employment and activity centers and major transit facilities within the City and in neighboring jurisdictions. These improvements focus on San Pablo Avenue, the City’s primary transportation corridor serving all modes. More specifically, the TIF project list is a selection of projects from the following City-Council adopted plans: San Pablo Avenue Specific Plan, Active Transportation Plan and Ohlone Greenway Master Plan.

Goal GM5: An effective system of providing urban services.

The City continued to offer a high-level of services to residents and the City continued to work with other agencies (such as the Stege Sanitary District) to ensure that services are provided effectively.

Chapter 5: Transportation and Circulation
Goal T1: A transportation system that allows safe and efficient travel by a variety of modes and promotes the use of alternatives to the single-occupant vehicle.

In 2022, the City continued implementation of the El Cerrito Active Transportation Plan.

The Plan provides a blueprint for continuing the City’s investment in improving safety and providing facilities and infrastructure for bicyclists and pedestrians, based on the changing demands and standards as well as the current goals of the City.

The City also continued to implement the San Pablo Avenue Specific Plan, specifically the Complete Streets component to encourage all modes of transportation and creates opportunities to maximize mode shift away from auto use and towards transit use, walking and biking.

These efforts included developing concept and detailed designs for projects in several areas of town as described below.
• El Cerrito del Norte TOD Complete Streets Improvements - substantially completing design of the El Cerrito del Norte TOD Complete Streets Improvements Project, which consists of access, safety and circulation improvements for bicyclists, pedestrians, transit riders, and motorists to support the El Cerrito del Norte BART Station and transit-oriented development in the San Pablo Avenue Uptown district. The project limits span several streets including San Pablo Avenue from Ohlone Greenway near the northern city limit to Potrero Avenue, Eastshore Boulevard from Potrero Avenue to San Pablo Avenue, Hill Street from San Pablo Avenue to Liberty Street, Cutting Boulevard from I-80 to Key Boulevard, and Knott Avenue from San Pablo Avenue to Key Boulevard. The project is expected to begin construction in fall 2023.
• Access Modification/ Sidewalk Repair Program – completed construction of sidewalk repairs, focusing on San Pablo Avenue.

In May 2022, the City continued its support of the regional “Bike to Work Day” initiative, a regional effort to increase bicycling. In 2022, 260 cyclists were counted, either passing through or stopping to check out the City’s “Energizer Station” at El Cerrito Plaza BART Station.

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11 The City continues to monitor opportunities to add bike-sharing and other “micro-mobility’ infrastructure and programs to support alternatives to the single-occupant vehicle.

Goal T2: A land use pattern that encourages walking, bicycling, and public transit use.

The City continued to implement the San Pablo Avenue Specific Plan which includes a Complete Streets Plan. It serves to implement contemporary land use planning strategies near transit and amenities and thereby encourages walking, biking and public transit use.

Those strategies include increased heights, lower parking minimums, a flexible approach to mixed-use development, and complete streets guidelines to accommodate all modes of transportation on San Pablo Avenue specifically prioritizing pedestrians and public transit along this corridor.

Goal T3: A transportation system that maintains and improves the livability of the City.

The City continued to implement the San Pablo Avenue Specific Plan which includes a Complete Streets Plan. The Complete Streets Plan includes facilities along San Pablo Avenue that will enhance the usability for pedestrians, transit riders and bicyclists. In 2022, the City approved one project along Potrero Avenue which will be required to pay for a Transportation Impact Fee (TIF) that will fund improvements planned in the Complete Streets Plan. Other projects previously approved were either under construction or are still in the pipeline to be approved and will contribute to the TIF.

The City continued to implement the Urban Greening Plan, which identifies strategies for creating a greener, more environmentally sustainable and livable city. Key objectives and strategies include Greener Gateways to reinforce community identity and sense of place that improve and highlight natural elements and Green Streets to continue to invest in making the public right-of-way more sustainable by reducing impervious surfaces, accommodating additional modes of transportation, adding landscaping and creating streets that are safe, comfortable and attractive for everyone. In 2021, construction was completed on the San Pablo Avenue Green Stormwater Spine Project, which was included in the Urban Greening Plan.

Goal T4: A minimum amount of land used for parking and minimal parking intrusion in neighborhoods.

The City continued to implement the San Pablo Avenue Specific Plan. The Plan adopted new parking standards for both commercial and residential development. It generally reduced parking requirements within the plan area, while ensuring that adequate parking is provided. Further reductions of parking require preparation of a parking study and may require enhanced transportation demand management, e.g. measures beyond those which are already required in the Specific Plan.

Additionally, in 2022, the City continued to implement the revised development standards for Accessory Dwelling Units (ADUs) which do not require off-street parking for ADUs.

These standards allow for the development of additional housing units without requiring further land in residential areas be used for parking. In 2022, the City’s Planning Division reviewed 32 applications for ADUs.

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12 As part of BART’s planned Transit-Oriented Development (TOD) project at the El Cerrito Plaza BART Station, BART staff, in collaboration with City staff, continued developing the Berkeley-El Cerrito Corridor Access Plan and evaluating mobility and on-street parking management strategies. While pursuing TOD at the BART station helps to fulfill numerous local, regional, and state goals regarding housing, climate, and economic development, a key issue to be analyzed and addressed has to do with how to provide adequate access to BART stations as the current surface parking lots are converted to mixed-use, transitoriented development. BART staff evaluated and refined strategies to more equitably distribute BART’s investments in walking, biking, riding transit, driving drop off, and parking for existing and future BART patrons using the stations along the corridor (including Ashby, North Berkeley, and El Cerrito Plaza). The Corridor Access Plan considers the tradeoffs between providing homes and community amenities versus building structured parking spaces for BART riders who drive to the station(s). The Corridor Access Plan will help identify multimodal strategies and investments needed to facilitate getting to and from BART. One key near-term strategy is working with the City to develop on-street parking management strategies that will balance parking needs of many user groups. These strategies include charging BART riders (e.g. full day users) to park on city streets as well as updating residential permit parking (RPP) programs.

In 2022, the City created a new position and hired a Sustainable Transportation Program Manager who, among other things, will be tasked with developing a new Residential Parking Permit program to efficiently manage parking around the BART TOD project.

Chapter 6: Public Facilities and Services
Parks, Recreations and Open Space
Goal PR1: Adequate, diverse, and accessible recreational opportunities for all residents – including children, youth, seniors, and others with special needs – in parks, school yards, and open space.

In 2022 the City was able to use proceeds from Measure H to fix several deficiencies in recreational facilities.

The City raised funds for the City’s David Hunter Memorial Scholarship Fund which helps families pay for classes and services for their children through the Recreation Department which they would otherwise not be able to afford.

In 2022, the City was able to return to sponsoring special events including the popular world One 4th of July Festival at Cerrito Vista Park. The City also hosted, supported, and participated in a number of environmental events and programs in 2022. These included:

Bike to Work Day, the “Bringing Back the Natives” Garden Tour, and hosting a number of volunteer work parties.

The City continued to offer a range of programs for seniors at the El Cerrito Community Center as well as a range of programs for youth at various City facilities. The City also has a Joint Facilities Use Agreement with the West Contra Unified School District to increase program offerings especially on the Fairmont, Harding and Madera Elementary schools’ campuses.

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13 Goal PR2: High quality open space protected for the benefit of present and future generations, reflecting a variety of important values: ecological, educational, aesthetic, economic and recreational. These values are interwoven throughout the community in numerous ways so that the preservation of open space is very important to the well being of the City.

The City has completed plans for additional new wayfinding signage in the Hillside Natural Area that will be installed in the next year.

The Parks and Recreation Facilities Master Plan’s (mentioned in Goal PR1) Goal E is to Improve Natural Areas and identifies a series of policies and actions based on previous City planning efforts and community engagement.

Over the last few years, the City also rehabilitated pathways at Arlington Park, Castro Park, and Cerrito Vista, painted all the clubhouses, resurfaced multiple tennis courts, and completed a major roof repair at Harding Clubhouse. Utilizing Measure H, Proposition 68 funds and developer related fees, the City plans to continue improving City Parks including picnic areas at Arlington and Cerrito Vista Parks, Arlington Park Clubhouse renovation, Phase II of Centennial Park. Additionally Measure H continues to fund “immediate work priority” projects identified in the Parks and Recreation Facilities Master Plan, and a number of small Immediate Work Priorities were completed in 2022.

The City continued to implement the Urban Greening Plan. The Hillside Natural Area (HNA) Pilot Project was identified in the Urban Greening Plan and included acquiring the 8-acre Madera property that became part of the HNA open space in 2015, as well as, improving vegetation management, trail rehabilitation, and development throughout. As described in the Urban Greening Plan, the project provides multiple opportunities to increase service levels including “connectivity” to improve trail connections between natural areas, schools and other community assets using best practice trail building techniques; “Park Expansion Integration” by integrating the Madera property, investigating opportunities to acquire additional property, and exploring other opportunities for access, recreation and/or conservation easements on adjacent properties; “natural amenities” by celebrating and preserving creek corridors, diverse plant and animal communities, forests, and grasslands; “green gateways/trailheads” by creating more welcoming park gateways and trailheads; and “active recreation” by enhancing opportunities for active recreation through construction of bicycle trails, parks and other amenities.

The City continued to implement the San Pablo Avenue Specific Plan which requires that new projects greater than 25,000 square feet either provide public open space or contribute funds toward the creation or enhancement of open space. 6111 Potrero Avenue, approved in 2022, contributed open space plus contributions towards Centennial Park.

In 2022, the City continued to implement the expanded Public Tree and Shrub Ordinance, adopted by the City Council in 2019, providing greater protections for public trees throughout the community to support the long-term health of the urban forest.

In 2022, the City received a $145,000 grant from the California Coastal Conservancy to develop a Fire Resilience and Forest Conservation Management Plan for the El Cerrito Agenda Packet Page 217 of 401
14 Hillside Natural Area (HNA), which will begin development in 2023. The Plan will include a public process that ultimately identifies fire hazard mitigation projects, recommends forest conservation activities, and includes a CEQA analysis. The resulting Plan will also address emergency access and public recreation elements in the HNA.

Goal PR3: Public access to open space areas while protecting important habitats.

In 2022, the City continued design on wayfinding signage for trails within the Hillside Natural Area with installation planned in the next year. The overall goal of the project is to continue to enhance the City’s largest open space, which is 102.5 acres in size and a home to small creeks, grasslands and forests. The Hillside Natural Area provides a very large active recreation space for hikers, bikers, and dog walkers who have easy access through several neighborhood entry points and enjoy the quiet oak groves, open fields, and expansive views of the San Francisco Bay. The project will increase visibility, access, and use of the city’s existing network of trails, pathways, and stairs within the open space and improve connectivity between identified citywide bicycle and pedestrian routes, key community destinations, and existing trails. In 2020, several fire trails in the Hillside Natural Area were repaired using grants funds from FEMA and the final and sixth site was completed in 2021. Utilizing Measure H funds, the City was able to almost double funding for fire mitigation projects in the HNA in 2020 and that level of funding continued in 2022.

The City also continued to organize and support volunteer work parties, led by the El Cerrito Green Teams, El Cerrito Trail Trekkers, and Friends of Five Creeks, throughout the year, to support and enhance habitats and wildlife throughout the City’s owned and controlled open spaces.. The City continued to support several annual events that increase public awareness and access to the Hillside Natural Area, including Earth Day and an Annual Hillside Festival each Spring.

Non-Recreational Facilities
Goal CF1: Safe and adequate community facilities that allow the City to offer better services and inspire a sense of community pride.

The City continued to enhance operations at the Recycling and Environmental Resources Center which was completed in 2012.

The City continued to serve the community from the City Hall facility which was completed in 2009.

Public Services and Infrastructure
Goal PS1: An adequate, comprehensive, coordinated law enforcement system consistent with the needs of the community.

The City continued its deployment of both patrol and specialty police units to address crime trends. These units coordinated their efforts internally, by sharing and collaborating on projects and investigations, and externally, with residents and community groups, to continue to meet the safety needs of the community.

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15 Goal PS2: A community that has minimized the risks to lives and property due to fire hazards.

The City continues to minimize fire hazards by enforcing its comprehensive fire hazard reduction program that focuses 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.

In 2022, the Fire Department continued to implement the Vegetation Management Policy which was rewritten in 2020 to make it easier to understand and align it with the State guidelines. The policy creates zones centered around structures on the property with goals to avoid home ignition from ember assault, and to reduce the heat and movement of the fire.

The history of the fire hazard abatement program was designed to reduce fire hazards on a large number of private properties with efforts concentrating during the spring and early summer months, prior to the State entering the annual “Fire Season”. However, with climate change, continued below average rainfall and increasing northeast wind events leading to more Red Flag Warnings, the City faces fire season almost year-round.

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. These notices and public education are aimed at increasing the resident’s knowledge and awareness of proper management of combustible materials on their property, especially within the first five feet of the structure.

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 these hazards without Fire Department involvement. For the small number of property owners that do not abate the hazards, the City completes the necessary abatement and places the costs on the property owner’s tax bill.

Based on lessons learned over the last five years of record fires in the State, improved efforts have been made for the incorporation of fire and ember resistant construction materials and careful selection of landscape material, proper placement and maintenance of residents landscaping. Further amendments will need to be incorporated into the vegetation management program to comply with AB3074, a state bill passed in 2020 addressing fire prevention, wildfire risk, defensible space, and ember-resistant zones requiring enforcement of more intense fuel reductions to create an ember resistant zone withing five feet of any structure.

Over the past 25 years, the City’s public education efforts and annual fire hazard abatement program has been very successful in reducing fire hazards throughout the hills which are designated Very High Fire Hazard Severity Zones.

Additionally, the Public Works Department completes vegetation management activities and projects each year to reduce the risk of fire hazards in the El Cerrito community.

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16 Goal PS3: Safe and adequate public infrastructure to serve El Cerrito’s residents, now and in the future.

In addition to the projects noted under Goal T1, the City continued implementation of the Annual Street Improvement Program funded by Measure A and the Access Modifications (Streets) Program funded by SB 1. Also, as a result of new transportation funding provided by SB 1, the City has continued funding a new Sidewalk Repair Program to repair tripping hazards throughout the City with a robust project completed in 2022.

In 2021, the City completed construction of the Carlson Boulevard and Central Avenue Pavement Rehabilitation Project. The project rehabilitated the roadway pavement, replaced traffic signal loop detectors, and enhanced traffic striping. The project location is on Central Avenue from Santa Clara Avenue to San Pablo Avenue and Carlson Boulevard from the north City Limits to Central Avenue. The project was the second component of the Central Avenue and Carlson Boulevard Street Improvements Project in the Capital Improvement Program. The first component consisting of curb ramp and sidewalk work was completed as part of the 2018 Curb Ramp and Sidewalk Repair Project in 2019. The project was largely funded by a federal One Bay Area Grant (OBAG) Program grant with additional funding from the State’s SB 1 Local Partnership Program (LPP) grant and the City’s Measure A Street Improvement funds. Both roadways carry a significant volume of traffic and are classified as arterial streets. The pavement on these roadways currently has several areas with cracking and potholes due to the amount and type of traffic, including trucks and buses, as well as prior heavy rainy seasons. The project will benefit the many commuters, transit services and bicyclists who utilize these roadways on a daily basis.

In 2022, the City contained construction of the Gladys-El Dorado-B Street Improvements Project. The project will rehabilitate the roadway pavement; reconstruct sections of sidewalk, curb, and gutter; install new and modified curb ramps; reconstruct valley gutters; and install enhanced traffic signing and pavement markings. The project is located on Gladys Avenue from Lexington Avenue to Richmond Street, on El Dorado Street from Carlson Boulevard to San Pablo Avenue, and on B Street from Behrens Street to Ashbury Avenue. The pavement on these roadways is currently in poor condition, three of the lowest in the City. In addition, street trees have severely displaced sections of pavement, sidewalk, curb and gutter, and a valley gutter facility within the roadway is damaged and needs repairs to facilitate stormwater drainage across B Street. The project will benefit residents and the community in general by providing safe and accessible walking, biking, and driving routes to important destinations in this area. The project is funded by the City’s Measure A Street Improvement funds with additional funding from the SB 1 LPP.

Implementation of the Complete Streets component of the San Pablo Avenue Specific Plan and implementation of the Active Transportation Plan will enhance pedestrian and bicycle safety throughout the City and provide infrastructure which accommodate all modes of transportation. Implementation of these plans will continue to occur as new development occurs and as funding is secured. The San Pablo Avenue Green Stormwater Spine Project was completed in June 2021, implementing the City’s vision for Complete Streets by adding green infrastructure and a separated bike-lane alongside a small portion of the corridor.

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17 Goal PS4: An adequate storm drainage system to serve existing and future planned development
In March 1993, the voters of the City of El Cerrito approved the issuance of $6.3 million in revenue bonds for the reconstruction of the City’s storm drain system. In June 1993, the City Council adopted Ordinance 93-4, providing for the imposition and collection of Storm Drain Fees to pay the debt service on the revenue bonds. Ordinance 93-4 set the Storm Drain Fee and provided that the fees are collected through the property tax based on amounts specified in an annual Engineer’s report. This Engineer’s report contains the description of each parcel of real property receiving storm drain services and the amount of the annual fee for each parcel.

The San Pablo Avenue Green Stormwater Spine Project in El Cerrito was completed in June 2021, retrofitting portions of the public right-of-way to install green infrastructure. Green infrastructure is a landscape-based stormwater treatment approach that uses natural processes to infiltrate, retain, re-use, and filter stormwater runoff to reduce the amount of pollutants that reach local waterways and ultimately the San Francisco Bay.

The City actively participated in the Contra Costa Clean Water Program to implement the National Pollution Discharge Elimination System (NPDES), Municipal Regional Permit Order No. R2-2015-0049 (MRP 2.0) which became effective January 1, 2016. In 2022, City Staff also began to prepare for and implement the newly issued Municipal Regional Permit Order No. R2-2022-0018 (MRP 3.0), which became effective July 1, 2022. This included taking specific stormwater management actions to control trash litter, 303(d) listed pollutants, and other pollutants of concern (POCs). In compliance with the MRP, the City developed a Green Infrastructure Plan, adopted by the City Council in 2019.

The City will be updating the City’s Storm Drain Master Plan, which was last updated in 1999. The scope considers the green infrastructure requirements and is expected to be adopted in 2023. Moreover, it will identify opportunities to improve the City’s Storm Drain system by improving the condition and capacity of the storm sewer network.

Goal PS5: A system that minimizes the City’s generation and disposal of solid waste materials by providing an adequate and integrated waste management program and related facilities to serve existing and future planned development.

In 2012, the City completed construction of a new state-of-the-art Recycling + Environmental Resource Center. In addition to the City’s continued curb-side collection program, the Recycling + Environmental Resource Center (RERC) provides convenient drop-off facilities for a wide array of items. The Center allows the City to expand the range of items accepted for disposal, improving collection options for all constituents and for many residents of surrounding communities. The Center has expanded the items that the City is able to accept, including compact fluorescent light bulbs, books, sharps, expired medications, and scrap textiles. The Center has been designed as a facility that will provide maximum flexibility to meet future, changing waste disposal needs. In 2018, the City began to collect household hazardous waste at the Recycling + Environmental Resources Center with a popular once per week collection event. Notably, in 2020, the RERC was one of the first City facilities to reopen to the public after the first COVID-19- related shelter at home order, with safety protocols in place.

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18 Additionally, in 2021, the City Council adopted two ordinances moving related goals forward. The City Council adopted an updated Foodware Ordinance that requires all foodware (e.g., cups, plates, utensils, etc.) served by food providers in El Cerrito to be either reusable or compostable, starting July 1, 2022. This Ordinance will serve to significantly reduce the amount of single-use plastic waste in El Cerrito and increase waste diversion. In 2021, the City Council also adopted a “Mandatory Organics Recycling” Ordinance, implementing the requirements of California Senate Bill (SB) 1383 and requiring participation in the City’s recycling and composting programs with limited exceptions.

In 2022, City Staff entered into a new franchise agreement with the City’s garbage and green waste hauler, East Bay Sanitary, which adds a number of integrated waste management services to the community, including new programs targeting waste diversion in multi-family apartment complexes. Staff is also continuing to move forward with other programs to implement SB 1383 and to increase composting and recycling in El Cerrito.

Chapter 7: Resources and Hazards
Natural and Historic Resources
Goal R1: Protected natural resources (important habitat, ecological resources, key visual resources, ridges and ridgelines, creeks and streambanks, steeper slopes, vista points, and major features), and clean air and water.

The City continued to implement the Zoning Ordinance, which contains specific standards aimed at protecting creeks and hillside areas.

In 2022, the City continued to implement Chapter 13.28 of the El Cerrito Municipal Code, the Public Tree and Shrub Ordinance, the primary purpose of which is to preserve and protect public trees.

City Staff also actively participated in the Contra Costa Clean Water Program to implement the City’s National Pollution Discharge Elimination System (NPDES), Municipal Regional Permit to protect stormwater.

For additional Clean Water activities, see Goal PS4.

Goal R2: Protected and rehabilitated architectural, historical, cultural, and archaeological resources that are of local, state, or federal significance.

In 2014, the City Council approved the 1715 Elm Street project. As part of the project, the existing house will be relocated on the property and rehabilitated to the Department of the Interior’s standards. In 2021, the City issued the building permit application which will allow the construction of the project and the relocation and rehabilitation of the existing house. Construction of the project began in 2022.

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19 Hazards
Goal H1: Minimal potential for loss of life, injury, damage to property, economic and social dislocation and unusual public expense due to natural and man-made hazards, including protection from the risk of flood damage, hazards of soil erosion, fire hazards, weak and expansive soils, potentially hazardous soils materials, other hazardous materials, geologic instability, seismic activity, and release of hazardous materials from refineries and chemical plants in West County.

The City continued to oversee the residential rental inspection program.

The City continued implementation of the Unreinforced Masonry (URM) building hazard mitigation ordinance. The last URM building was demolished in 2021 to prepare for development of a new mixed use project at 10919 San Pablo Avenue.

In 2021, City staff issued a Request for Qualifications for seeking qualified engineers/consultants to complete an inventory and analysis of soft story residential buildings in El Cerrito and develop program recommendations. In 2022, the City finished work on the Soft-Story Inventory through a Soft-Story Retrofit Planning Grant from Cal OES. This grant is funded an analysis of potential at-risk residential buildings andprovided the City with data to inform future policy direction in consideration with the needs of the residents and property owners. This program aims to reduce risks to human life, structures and infrastructure in the event of a powerful earthquake. The program will be completed in 2023.

Goal H2: Government agencies, citizens and businesses are prepared for an effective response and recovery in the event of emergencies or disasters.

The City Council declared a local state of emergency on March 13, 2020 due to the global COVID-19 pandemic. Due to Contra Costa County public health orders, many City facilities, including City Hall, were closed to the public for part of 2021 to prevent transmission of COVID-19. Throughout 2022, the City has adapted and provided new ways of delivering service to be able to continue providing excellent emergency services to the community while adapting to public health rules and guidelines. In September 2022, the City Council passed a resolution that would end the local state of emergency as of December 31, 2022.

Due to the COVID-19 pandemic, the City was not able to continue the very popular Community Emergency Response Team (CERT) program. The program teaches neighbors to help themselves and help each other. Through CERT, citizens receive hands-on training in Disaster First Aid, Disaster Preparedness, Basic Firefighting, Light Search and Rescue, Damage Assessment, and How to Turn Off Utilities. The City hopes to offer this program again in 2023.

Due to the COVID-19 pandemic, the City was also not able to continue internal National Incident Management System (NIMS) and the Incident Command System (ICS) training for City staff. Through the training, staff members directly involved in managing an emergency would understand command reporting structures, common terminology, and Agenda Packet Page 223 of 401
20 roles and responsibilities inherent in a response operation. The City hopes to offer this program once it is safe again to do so.

On March 25, 2020, the City Council adopted an Urgency Ordinance enacting a temporary moratorium to halt evictions for residential and commercial tenants financially impacted by COVID-19, which expired on February 28, 2023. The Ordinance did not establish rent forgiveness but provided temporary rent forbearance to those who qualify by providing 180 days, from the Ordinance expiration date, to catch up on unpaid rent and suspends late fees from being charged for qualified residential and commercial tenants who can demonstrate loss of income or revenue due to COVID-19.

Goal H3: New development complies with the noise standards established in the General Plan, all new noise sources are within acceptable standards, and existing objectionable noise sources are reduced or eliminated.

All new development is evaluated under CEQA using the noise standards currently in the General Plan. These noise standards were incorporated into updated Zoning Ordinance in 2008 as performance standards required of all development.

CONCLUSION
To date, staff believes the City has continued to faithfully implement the City's 1999 General Plan as the actions, plans, programs and projects documented in this report represent the City’s commitment to achieve the goals and objectives set forth in the elements of the El Cerrito General Plan.

ATTACHMENTS:

1. HCD - Housing Element Annual Report
Agenda Packet Page 224 of 401
Jurisdiction El Cerrito ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Date
Application
Submitted
2 3 4
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome
Non Deed
Restricted
Summary Row: Start Data Entry Below 0 0 69 0 5 0
513371002 1711-1755
Eastshore Blvd
5+ R
12/16/2022
69 5
502280006 1531 Richmond st ADU R 2/14/2022
505221040 956 Sea View Dr SFD O 4/12/2022
573111008 LENEVE PL SFD O 7/5/2022
504192005 317 Behrens St SFD R 12/21/2022
504192005 317 Behrens St ADU R 12/21/2022
502472027 104 Janie Ct ADU R 12/8/2022
Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Housing Development Applications Submitted
Agenda Packet Page 225 of 401
Note: "+" indicates an optional field
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status Notes
6 7 8 9 11 12
Above
ModerateIncome
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915 approved?
Please indicate
the status of the
application.

Notes+
247 321 6 0
241 315 No Yes N/A Pending
1 1 1 No No No Approved
1 1 1 No No No Approved
1 1 1 No No No Approved
1 1 1 No No No Approved
1 1 1 No No No Approved
1 1 1 No No No Approved
0 0
Cells in grey contain auto-calculation formulas
ts - Affordability by Household Incomes Density Bonus Law Applications
10 velopment Applications Submitted
Agenda Packet Page 226 of 401
Jurisdiction El Cerrito
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
2 3
Prior APN+ Current APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Summary Row: Start Data Entry Below
513372035 6115 Potrero Ave 5+ R
504192005 317 Behrens St SFD R
504192005 317 Behrens St ADU R
502280006 1531 Richmond st ADU R
505221040 956 Sea View Dr SFD O
573111008 LENEVE PL SFD O
502112038 1715 Elm St 5+ R
500430016 2332 ALVA AVE SFD O
502100032 1739 Lexington Ave ADU R
501380003 2057 TAPSCOTT

AVE ADU R
504271006 102 RAMONA AVE ADU R
503440017 600 CLAYTON AVE

UNIT A ADU R
503256020 816 RICHMOND ST ADU R
501400019 6643 CUTTING

BLVD ADU R
504182030 313 CORONADO

ST ADU R
504061027 518 EVERETT ST ADU R
503256015 6831 STOCKTON

AVE ADU R
503255024 832 EVERETT ST ADU R
500210002 6332 BARRETT

AVE ADU R
504402004 7720 EUREKA AVE ADU R
502290006 1528 RICHMOND

ST ADU R
503256017 804 RICHMOND ST ADU R
502462008 1327 NORVELL ST ADU R
500020036 464 CARLSTON ST SFD O
503330029 752 COLUSA AVE ADU R
504111011 409 NORVELL ST ADU R
505221044 7760-7760A

MOESER LANE ADU R
502030001 6600 CUTTING

BLVD ADU R
500291011 5427 HILLSIDE

AVE ADU R
504292019 126 CARMEL AVE ADU R
502461003 1344 NORVELL ST ADU R
502212019 1629 RICHMOND

ST ADU R
503490012 7219 HOTCHKISS

AVE ADU R
503243008 933 LIBERTY ST ADU R
573111001 1036 LENEVE PL

UNIT A ADU R
502260023 1532 LEXINGTON

AVE ADU R
510026002 5716 SAN DIEGO

ST ADU R
505262047 8190 TERRACE

DR ADU R
504403011 7824 EUREKA

AVE ADU R
502260023 1532 LEXINGTON

AVE ADU R
1 Project Identifier Unit Types
Annual Building Activity Repo
Agenda Packet Page 227 of 401

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table A2
5 6
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
0 0 0 0 0 0 68 68
63 5/4/2022 63
1 12/21/2022 1
1 12/21/2022 1
1 2/14/2022 1
1 6/15/2022 1
1 7/5/2022 1
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Affordability by Household Incomes - Completed Entitlement 4 nual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Agenda Packet Page 228 of 401
Cells in grey contain auto-calculation formulas
8 9
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
0 0 0 0 0 0 48 48 0
0 0
0 1 6/14/2022 1
0 0
14 4/21/2022 14
1 9/14/2022 1
1 4/12/2022 1
1 9/1/2022 1
1 4/12/2022 1
1 4/5/2022 1
1 1/25/2022 1
1 4/12/2022 1
1 8/30/2022 1
1 2/10/2022 1
1 1/3/2022 1
1 6/14/2022 1
1 2/10/2022 1
1 2/2/2022 1
1 2/8/2022 1
1 8/29/2022 1
1 2/22/2022 1
1 3/17/2022 1
1 5/24/2022 1
1 2/28/2022 1
1 5/10/2022 1
1 4/18/2022 1
1 8/18/2022 1
1 8/24/2022 1
1 8/9/2022 1
1 5/11/2022 1
1 6/7/2022 1
1 7/12/2022 1
1 12/21/2022 1
1 10/7/2022 1
1 8/25/2022 1
1 12/6/2022 1
1 9/24/2022 1
1 10/7/2022 1
Affordability by Household Incomes - Building Permits
7 Note: "+" indicates an optional field
Agenda Packet Page 229 of 401
11 12 13
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?+
0 0 0 0 0 27 27 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
1 10/10/2022 1 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
1 6/27/2022 1 0
0 0
0 0
1 11/21/2022 1 0
0 0
0 0
0 0
1 8/10/2022 1 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Affordability by Household Incomes - Certificates of Occupancy 10 Agenda Packet Page 230 of 401
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
14 15 16 17 18 19
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
0 0
N INC
N
N
N
N
N
N INC
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
Housing with Financial Assistance
and/or Deed Restrictions Demolished/De
Agenda Packet Page 231 of 401
Notes
20 21 22 23 24 25
Demolished or
Destroyed Units
Demolished/Des
troyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
0 Demolished/Destroyed Units Density Bonus
Agenda Packet Page 232 of 401
2 3
Prior APN+ Current APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Summary Row: Start Data Entry Below
1 Project Identifier Unit Types
Annual Building Activity Repo
505273005 8338 TERRACE

DR SFD O
510037002 5805 AVILA
STREET BLDG 100 SFA O
504061041 510A EVERETT ST ADU R
503241020 930 ELM ST ADU R
500302014 5340 BARRETT

AVE ADU R
502122023 6851 BLAKE ST ADU R
502051007 1910 KEY BLVD ADU R
501330022 6437 HAGEN

BLVD ADU R
503292018 7439 TERRACE

DR ADU R
501400018 6645 CUTTING

BLVD ADU R
501270004 2021 JUNCTION

AVE ADU R
502270027 1536 LIBERTY ST ADU R
504231025 219 POMONA AVE ADU R
504262012 120 POMONA AVE ADU R
504242010 311 RAMONA AVE ADU R
Agenda Packet Page 233 of 401
5 6
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
0 0 0 0 0 0 68 68
Affordability by Household Incomes - Completed Entitlement 4 nual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Agenda Packet Page 234 of 401
8 9
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
0 0 0 0 0 0 48 48 0
Affordability by Household Incomes - Building Permits
7 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Agenda Packet Page 235 of 401
11 12 13
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?+
0 0 0 0 0 27 27 0
Affordability by Household Incomes - Certificates of Occupancy 10 1 11/22/2022 1 0
0 9 9/15/2022 9 0
1 3/31/2022 1 0
1 11/2/2022 1 0
1 7/25/2022 1 0
1 8/2/2022 1 0
1 7/19/2022 1 0
1 8/8/2022 1 0
1 8/25/2022 1 0
1 5/11/2022 1 0
1 6/8/2022 1 0
1 11/3/2022 1 0
1 3/8/2022 1 0
1 6/8/2022 1 0
1 10/26/2022 1 0
0 0
0 0
Agenda Packet Page 236 of 401
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
14 15 16 17 18 19
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
0 0
Housing with Financial Assistance
and/or Deed Restrictions Demolished/De
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
Agenda Packet Page 237 of 401
Notes
20 21 22 23 24 25
Demolished or
Destroyed Units
Demolished/Des
troyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
0 Demolished/Destroyed Units Density Bonus
Agenda Packet Page 238 of 401
Jurisdiction El Cerrito ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
1 Projection Period 3 4
RHNA Allocation by
Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining
RHNA by Income
Level
Deed Restricted - - - 62 - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - 6 - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - 13 - - - - - - - -
Non-Deed Restricted - - - - - - - - -
Above Moderate 166 - 120 9 12 18 136 171 56 48 - 570 -
398
- 139 9 74 18 136 171 56 48 - 651 151
5 6 7
Extremely low-Income
Need 2015 2016 2017 2018 2019 2020 2021 2022 2023
Total Units to
Date
Total Units
Remaining
50 - - - - - - - - - - 50
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
56 62
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
13 Moderate
100
63 69
Please contact HCD if your data is different than the material supplied here 6 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
38 57
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Agenda Packet Page 239 of 401
Jurisdiction El Cerrito ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
Agenda Packet Page 240 of 401
Jurisdiction El Cerrito
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1.1 Continue to implement the Residential
Rental Inspection Program Ongoing
The Residential Rental Inspection Program (RRIP) continued in 2022. Staff operated the program at modified levels due to COVID-19. 103 initial RRIP inspections and 66 reinspections were conducted in 2022.

Program 1.2
Continue to investigate complaints and
take action about rental housing code
violations
Ongoing The City continued investigations in 2022.

Program 1.3
Continue to encourage the rehabilitation
of existing housing units by providing
program information
Ongoing Information available to the public at the front counter Program 1.4
Evaluate displacement, as appriopriate
in studies of regional housing needs
and displacement
2016, then Annual
In 2017, the City Council adopted an Affordable Housing Strategy which identified tactics to address displacement and ranked the priority for such actions.

In 2022, the City implented the fourth cycle El Cerrito Rent Regsitry Program to collect local rental data.

The CIty also tracks regional/state legislation and posts information to the public.

Program 1.5
Continue to regularly monitor assisted
housing units to help preserve existing
stock of affordable housing
Annual The City continues to work with other regulatory agencies and non-profit developers to monitor assisted housing units.

Program 1.6 Vet and consider adopting a Good
Cause for Eviction Ordinance 2016
On March 25, 2020, the City Council adopted an Urgency Ordinance enacting a temporary moratorium to halt evictions for residential and commercial tenants financially impacted by COVID-19. As of December 31, 2022, the City's Local Emergency Declaration ended and the local temporary eviction moratoruim will expire on February 28, 2023.

Program 1.7 Annual review of the City Capital
Improvements Program (CIP) Annual The CIP Program was reviewed in 2022.

Program 1.8
Consider enacting additional incentive
programs and requirements to
encourage retrofitting of seismically
unsafe buildings, such as soft-story
buildings.
2017
In 2021, City staff issued a Request for Qualifcations for seeking qualified engineers/consultants to complete an inventory and analysis of wood frame target story - also know as soft story - residential buildings in El Cerrito and develop program recommendations. Beginning in 2022, staff worked with the selected consultant to undertake the inventory and analysis that is nearing completion. The inventory and analysis will inform future policy considerations based the needs of the City's housing stock, its residents and property owners. This project is funded by a Cal OES/FEMA grant and will be completed in 2023.

Program 2.1 Conduct an annual evaluation of the
City's inventory of available sites Ongoing
In 2018, the City received grant funding to update the San Pablo Avenue Specific Plan including a Supplemental EIR and an analysis of opportunity sites. The SEIR was adopted by the City Council on December 6, 2022 providing development capacity for 2,500 new housing units. In 2022, the City continued work on the 6th Cycle Hosuing Element, including the site inventory analysis, and submitted the draft Hosuing Element to the Department of Hosuing and Community Development for review. The Element will be adopted in 2023.

Program 2.2
Promote development of mixed-use and
high-density residential housing in
development nodes of the city
Ongoing Allowed for by San Pablo Ave Specific Plan
Program 2.3
Continue to fast track processing for
second units meeting established City
standards
Ongoing
In 2022, the City continued to implemented new standards for Accessory Dwelling Units to further streamline this process, consistent with State laws adopted in 2019. In 2022, the State adopted SB 9 which allowes for the creation of second units on single family parcels.

Program 2.4 During the annual Master Fee Schedule
revision, evaluate development fees. Annual Fees were updated with Master Fee Schedule as part of 2022 budget.

Program 2.5
Streamline the application process by
continuing to offer interdepartmental
team meetings for applicants
Ongoing The City conducted several such meetings in the reporting period Program 2.6
Assist developers in obtaining state and
federal funding available to develop
affordable housing
Ongoing
In 2022, the City provided BRIDGE Housing $50K in pre-development funding to assist and support the development of 69 affordable units for the Mayfair Affordable project. In 2022, the project also received a funding award through the Affordable Housing Sustainable Communities Program ($27M) as part of a joint applicaiton between BRIDGE, the City and BART.

Program 2.7
Look for opportunities with non-profits
and other agencies to expand supply of
affordable housing
Ongoing
The City continues to explore programs - with the County, CDFI's, non-profit developers, etc. - for preserving existing affordable units as well as purchasing existing multi-family building(s) and converting them to affordable units.

Program 2.8 Study the feasibility of an inclusionary
housing ordinance 2016 The City adopted an inclusionary housing ordinance in 2018 and staff is currently implementing it.

Program 2.9
Investigate potential local financing
sources that could be used to develop
affordable housing
2016
The City continues to work with County stakeholders to assess the opportunity for a Countywide affordable housing bond.

In 2021, the County Board of Supervisors also approved Measure X funding as a new Afforfable Housing Fund source for 20-years. The first NOFA was issued by the County in 2022 and El Cerrito affordable housing project's applied.

Program 2.10
Use existing zoning regulations to allow
innovative approaches to increasing
affordable housing.

Ongoing The San Pablo Avenue Specific Plan's Tier IV Design Review process can provide flexbility to projects to implement innovative approaches.

Program 2.11
Pursue funding for infrastructure
improvements to accommodate future
transitoriented development
Ongoing The City coodinated with the Stege Sanitary District to develop a fee program to fund sewer improvements necessary to support future development.

Program 3.1 Pursue funding for special needs
housing Ongong Ongoing
Program 3.2
Continue to fast track inspection
processes for large family and special
needs housing.

Ongoing The City contracted with additional inspectors to provide needed inspections in a timely manner.

Program 3.3 Continue to encourage and support
development of senior housing Ongoing Ongoing
Program 3.4 Participate in the biannual homeless
census count Ongoing City staff participated in the count.

Program 3.5
Continue to coordinate with the County
and cities to develop the Five-Year
Consolidated Plan to adress housing
and social services
2015, 2020 The City continues fo participate in the Five-Year Consolidated Plan.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Agenda Packet Page 241 of 401
Program 3.6
Implement reasonable accommodation
procedures to provide a streamlined
permit review process continue to.

Ongoing The draft Hosuing Element update evaluated revised reasonable accomodation procedures.

Program 3.7
Encourage development of housing for
persons with disabilities, including
developmental disabilities
Annual Ongoing
Program 3.8
Implement an outreach program
informing residents of the housing and
services available for persons with
developmental disabilities
Annual Ongoing
Program 4.1
Continue to provide non-discrimination
clauses in rental agreements and deed
restrictions
Ongoing Ongoing
Program 4.2
Continue the City’s participation in the
Contra Costa Urban County CDBG
Consortium
Ongoing Ongoing
Program 5.1
Consider ways incentivize energy
efficiency, clean energy, and water
conservation improvements through
building permit fees
2016-17 The City crated a streamline permit process for electrical vehicle chargers.

Program 5.2
Continue to develop partnerships for
energy and water efficiency technical
assistance and incentives
Ongoing The City adhers to the the CA Green, Energy and Plumning Codes.

Program 5.3
Continmue to encourage resident
participation in energy and water
efficiency programs
Ongoing The City encourages participation in MCE's Deep Green program.

Program 5.4
Apply for appropriate grants for
marketing, outreach, and incentive
programs dedicated to energy and water
efficiency
Ongoing Ongoing
Program 5.5 Adopt residential PACE financing if it
becomes available in California 2016 Completed
Program 5.6 Encourage home energy performance
reports at time of sale Ongoing The City's transfer tax includes a rebate to property owners who make energy efficiency and water conservation improvements.

General Comments
Agenda Packet Page 242 of 401
Jurisdiction El Cerrito ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
Agenda Packet Page 243 of 401
Jurisdiction El Cerrito ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
The description should adequately document how each
unit complies with subsection (c) of Government Code
Section 65583.1+.

For detailed reporting requirements, see the chcklist
here:

Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+Extremely LowIncome+Very LowIncome+ Low-Income+ TOTAL UNITS+ https://www.hcd.ca.gov/communitydevelopment/docs/adequate-sites-checklist.pdf Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
Agenda Packet Page 244 of 401
Jurisdiction El Cerrito ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates
an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
2 3
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Summary Row: Start Data Entry Below
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the im this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b).

Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion
Agenda Packet Page 245 of 401
Notes
6 Above
ModerateIncome
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
holds by the imposition of affordability covenants and restrictions for the unit. Before adding information to 5 Units credited toward Above Moderate
RHNA
Agenda Packet Page 246 of 401
Jurisdiction El Cerrito
Reporting Period 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.

Agenda Packet Page 247 of 401
Jurisdiction El Cerrito Note: "+" indicates an optional field Reporting Period 2022
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
NOTE: This table is meant to contain an invenory of
ALL surplus/excess lands the reporting jurisdiction
owns
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Contra Costa County jurisdictions, please format the APN's as follows:999-999-999-9 Agenda Packet Page 248 of 401
Jurisdiction El Cerrito ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates an
optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain
auto-calculation
formulas
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Project Type Date
2 3
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+ Activity Date Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Table I
Units Constructed Pursuant to Government Code 65852.21 and Applications for Lot Splits Pursuant to Government Code 66411.7 (SB9) NOTE: SB 9 PROJECTS ONLY. This table only
needs to be completed if there were lot splits
applied for pursuant to Government Code
66411.7 OR units constructed pursuant to
65852.21.

Units entitled/permitted/constructed must also
be reported in Table A2. Applications for these
units must be reported in Table A.

Summary Row: Start Data Entry Below
Project Identifier Unit Constructed
1 4
Annual Progress Report January 2020
Agenda Packet Page 249 of 401
Jurisdiction El Cerrito ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Project Type Date
Units (Beds/Student
Capacity) Granted
Density Bonus
Notes
2 3 5 6
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income Deed Restricted Very Low- Income
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income Non
Deed Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Total Additional Beds
Created Due to Density
Bonus
Notes
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to Government Code65915(b)(1)(F)
Annual Progress Report January 2020
Agenda Packet Page 250 of 401
Jurisdiction El Cerrito
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
48 48
Units by Structure Type Entitled Permitted Completed
SFA 0 0 9
SFD 3 2 1
2 to 4 0 0 0
5+ 63 14 0
ADU 2 32 17
MH 0 0 0
Total 68 48 27
7 321
6 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Agenda Packet Page 251 of 401
Jurisdiction El Cerrito
Reporting Year 2022 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
HE 2022-2030: Public Outreach 10,000 0 Other
Spring - Winter 2022
HE 2022-2030: Draft Housing
Element 50,000 0 Other Aug-22
HE 2022-2030:HE 2022-2030:

Pubilc Hearings 10,000 0 Other Fall - Winter 2022
HE 2022-2030: Final Housing
Element 50,000 0 Other Jan-23
Technology Upgrade 15,000 9265.66 Local
General Fund
Completed January
2022
ADU Plans - Draft Plans 10,000 0 None Scheduled to begin late 2022
ADU - Plans Final Plans 5,000 0 None Scheduled to begin late 2022
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
68 68
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
48 48
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
27 27

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
In Progress
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ 150,000.00
Task Status
Completed
Completed
In Progress
Completed
In Progress
In Progress
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Agenda Packet Page 252 of 401

AGENDA BILL
Agenda Item No. 7.G.

Date: March 21, 2023
To: El Cerrito City Council
From: Sandra Dalida, Finance Director/ Treasurer, Finance Department Subject: Receive Monthly Disbursement and Payment Register Report for the Month of February 2023

ACTION PROPOSED
Receive and file the Monthly Disbursement and Check Register Report for the month of February 2023.

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.

The month ending February 28, 2023, reflects 302 Accounts Payable General Warrant Nos. 85331 through 85632 (incls. 2 voids), 16 Automatic Clearing House/Electronic Fund Transfer (ACH/EFT) transactions, and 555 payroll-related checks and EFTs for a grand total of $4,566,492.91.

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 Payment Register Report for the month of February 2023.

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

Agenda Packet Page 253 of 401
Agenda Item No. 7.G.

Reviewed by:

Alexandra Orologas, Assistant City Manager
Attachments:

1. February 2023 Payment Register
Agenda Packet Page 254 of 401
Number Date Void Reason Payee Name Description Transaction Amount 85331 02/02/2023 BLACK, MEI-YU INSTRUCTOR - RECREATION DEPT $150.00 85332 02/02/2023 CASTREJON, JOSE EMPLOYEE REIMBURSEMENT - TRAINING $834.00 85333 02/02/2023 Chang, Hae REBATE - REAL PROPERTY TRANSFER TAX $3,800.00 85334 02/02/2023 ChildCare Careers, LLC INSTRUCTOR - RECREATION DEPT $1,034.60 85335 02/02/2023 CONTRA COSTA COUNTY ASSESSOR'S TAX RECORDS $944.78 85336 02/02/2023 DIPRIMA, LISA INSTRUCTOR - RECREATION DEPT $1,296.00 85337 02/02/2023 DUNKLE, STEPHEN, M. EMPLOYEE REIMBURSEMENT - SUPPLIES $639.76 85338 02/02/2023 FUJIWARA, PATTY INSTRUCTOR - RECREATION DEPT $558.00 85339 02/02/2023 GOLDEN BAY FENCE PLUS IRON WORKS, INC. PW PROJECT - GUARDRAIL/HANDRAIL $18,074.00 85340 02/02/2023 VOID I ncorrect Address GOVERNMENT TRAINING AGENCY VOID $339.00 85341 02/02/2023 JADSON SOUZA DE JESUS INSTRUCTOR - RECREATION DEPT $532.80 85342 02/02/2023 JAFFE, SCOT INSTRUCTOR - RECREATION DEPT $162.00 85343 02/02/2023 JONES, HIROMI INSTRUCTOR - RECREATION DEPT $183.00 85344 02/02/2023 KASSIRER ENTERTAINMENT COMPANY INSTRUCTOR - RECREATION DEPT $10,571.00 85345 02/02/2023 Kathryn Rile INSTRUCTOR - RECREATION DEPT $426.00 85346 02/02/2023 KEITH, PAUL EMPLOY REIMB - CC CHIEFS' MTG HOTEL COSTS $877.80 85347 02/02/2023 KI RESEARCH INSTITUTE INSTRUCTOR - RECREATION DEPT $273.00 85348 02/02/2023 KINSEY, KATHRYNE ANN INSTRUCTOR - RECREATION DEPT $432.60 85349 02/02/2023 LACK, CHRIS INSTRUCTOR - RECREATION DEPT $266.00 85350 02/02/2023 LEWKOWITZ, MARK INSTRUCTOR - RECREATION DEPT $1,782.00 85351 02/02/2023 MARTINEZ, RAUL, B. EMPLOYEE REIMBURSEMENT - FUEL $165.69 85352 02/02/2023 MAZE & ASSOCIATES TEMPORARY ACCOUNTING SERVICES $29,758.50 85353 02/02/2023 MEYERS NAVE LEGAL SERVICES $29,072.20
85354 02/02/2023 MORTON II YOUTH SPORTS INSTRUCTOR - RECREATION DEPT $1,544.40 85355 02/02/2023 Shababo, Tracey , Elise INSTRUCTOR - RECREATION DEPT $1,933.20 85356 02/02/2023 SHAHKAR, MEHRAN INSTRUCTOR - RECREATION DEPT $180.00 85357 02/02/2023 VOID W9 Not Correct SLIM CHANCE CIRCUS VOID $2,917.20 85358 02/02/2023 SUPER SOCCER STARS INSTRUCTOR - RECREATION DEPT $14,550.60 85359 02/02/2023 The Planning & Zoning Resource Company, LLC REFUND - PW BOND $1.00 85360 02/02/2023 Toolsidass, Shiv REBATE - REAL PROPERTY TRANSFER TAX $5,520.00 85361 02/02/2023 Luo, Li REFUND - RECREATION PROGRAMS $38.00 85362 02/02/2023 Slim Chance Circus INSTRUCTOR - RECREATION DEPT $2,917.20 85363 02/06/2023 PG&E UTILITIES $18,895.11
85364 02/07/2023 BILL'S UNDERGROUND REFUND - PW BOND $1,730.00 85365 02/07/2023 BRIDGE HOUSING PREDEVELOPMENT LOAND - MAYFAIR $50,000.00 85366 02/07/2023 CABLECOM REFUND - PW BOND $3,343.00
85367 02/07/2023 Chan, John REFUND - PW BOND $1,730.00
Monthly Payment Register
From Payment Date: 2/1/2023 - To Payment Date: 2/28/2023

ACCOUNTS PAYABLE - CHECKS
Accounts Payable
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City of El Cerrito
Source
Accounts Payable
Attachment A - Feb 2023 Payment Register

Page 1 of 9 ends

Agenda Packet Page 255 of 401
Number Date Void Reason Payee Name Description Transaction Amount Monthly Payment Register
From Payment Date: 2/1/2023 - To Payment Date: 2/28/2023 City of El Cerrito
Source
Attachment A - Feb 2023 Payment Register
85368 02/07/2023 EBMUD UTILITIES $175.03
85369 02/07/2023 EVEREST PLUMBING & DRAIN REFUND - PW BOND $45,502.00 85370 02/07/2023 JOE FARRELL PAVING & GRADING REFUND - PW BOND $2,462.00 85371 02/07/2023 PG&E - OAKLAND OFC REFUND - PW BOND $8,852.60 85372 02/07/2023 PIPE SPY INC REFUND - PW BOND $1,696.00 85373 02/07/2023 SEWER CONNECTION REFUND - PW BOND $1,730.00 85374 02/07/2023 Sewer Works, Inc. REFUND - PW BOND $1,730.00 85375 02/07/2023 Sullivan, Claire REFUND - PW BOND $761.65 85376 02/07/2023 TERRA NOVA ENGINEERING INC REFUND - PW BOND $3,460.00 85377 02/07/2023 TESTLAB, BESS REFUND - PW BOND $3,738.00 85378 02/07/2023 Impact Services Enterprises REFUND - PW BOND $761.65 85379 02/07/2023 Wong, Clifton & Sylvia REFUND - PW BOND $697.00 85380 02/08/2023 4LEAF, INC. PROFESSIONAL SERVICES - INSPECTIONS $33,415.00 85381 02/08/2023 A PLUS TREE, INC. MAINTENANCE - STREET TREES $29,363.00 85382 02/08/2023 Amazon Capital Services, Inc. OFFICE SUPPLIES $1,171.56 85383 02/08/2023 ANCHOR ENGINEERING,, INC. PROFESSIONAL SVCS - COMPLETE STREETS $10,360.00 85384 02/08/2023 ARMOUR PETROLEUM SVC & EQUIPT ALARM SERVICES $495.15 85385 02/08/2023 ASCENT ENVIRONMENT, INC. PROFESSIONAL SERVICES - HOUSING ELEMENT $5,531.89 85386 02/08/2023 AVILA PROJECT MANAGEMENT PROJECT MANAGEMENT/STAFF AUGMENTATION $16,992.50 85387 02/08/2023 BATTALION ONE FIRE PROTECTION ANNUAL FIRE SPRINKLER TESTING $1,360.00 85388 02/08/2023 BERTRAND, FOX, ELLIOT, OSMAN & WENZEL LEGAL SERVICES $19,646.25 85389 02/08/2023 BOUNDTREE MEDICAL LLC MEDICAL SUPPLIES $582.89 85390 02/08/2023 BRIGHTVIEW LANDSCAPE SERVICES, INC. MAINTENANCE - LANDSCAPE $11,436.58 85391 02/08/2023 CINTAS CORPORATION #054 UNIFORMS UNIFORMS $190.61 85392 02/08/2023 CITY OF FAIRFIELD RANGE FEES $1,548.00 85393 02/08/2023 CITY OF FOSTER CITY RECRUITMENT SERVICES $1,080.00 85394 02/08/2023 Community Conservation Centers, Inc. RECYCLING SERVICES $130.55 85395 02/08/2023 CONTRA COSTA COUNTY LIBRARY LIBRARY SERVICES $13,694.44 85396 02/08/2023 CCCC OFC SHERIFF-CORONER CAL-ID REMOTE ACCESS SYSTEM SHARE OF COST $36,048.00 85397 02/08/2023 CORE COMPUTING SOLUTIONS ENCORE SYSTEM MAINTENANCE & SUPPORT $165.24 85398 02/08/2023 DELL MARKETING L.P. EQUIPMENT - INFORMATION TECHNOLOGY $4,548.31 85399 02/08/2023 DICKINSON FLEET SVCS / COX AUTOMOTIVE VEHICLE MAINTENANCE $3,798.04 85400 02/08/2023 EAST BAY - LEAGUE OF CA CITIES LEAGUE OF CA CITIES, EAST BAY DIV MEETING FEE $250.00 85401 02/08/2023 EAST BAY BICYCLE COALITION EVENT SPONSOR - BIKE TO WORK DAY $2,500.00 85402 02/08/2023 ECMS, INC. UNIFORM REPAIR $740.40
85403 02/08/2023 EL CERRITO CHAMBER OF COMMERCE MEMBERSHIP DUES $578.00 85404 02/08/2023 ERGONOMIC SEATING & PRODUCTS INC. ERGONOMIC FURNITURE AND SUPPLIES $6,581.13 85405 02/08/2023 FEDEX SHIPPING SERVICES $49.23
Accounts Payable
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Page 2 of 9 ends

Agenda Packet Page 256 of 401
Number Date Void Reason Payee Name Description Transaction Amount Monthly Payment Register
From Payment Date: 2/1/2023 - To Payment Date: 2/28/2023 City of El Cerrito
Source
Attachment A - Feb 2023 Payment Register
85406 02/08/2023 FEHR & PEERS DEL NORTE COMPLETE STREEt=TS PROJECT $6,822.37 85407 02/08/2023 FIRE INFORMATION SUPPORT SVCS PROFESSIONAL SERVICES $700.00 85408 02/08/2023 FOLGERGRAPHICS, INC. PRINTING SERVICES $4,347.71 85409 02/08/2023 FORENSIC SERVICES DIVISION FORENSIC TESTING $1,900.00 85410 02/08/2023 FRASER & ASSOCIATES PROFESSIONAL SERVICES - SUCCESOR/RDA $1,237.50 85411 02/08/2023 GILMAN STREET PRESS PRINTING SERVICES $110.75 85412 02/08/2023 GOLDFARB & LIPMAN LEGAL SERVICES $312.00 85413 02/08/2023 GROUP 4 ARCHITECTURE, RESEARCH & PLNG PROFESSIONAL SERVICES $1,470.00 85414 02/08/2023 HONEY BUCKET PORTA POTTY SERVICES $221.05 85415 02/08/2023 HUNT & SONS, INC. FUEL $19,888.47
85416 02/08/2023 IBM Credi LLC EQUIPMENT - INFORMATION TECHNOLOGY $26,547.41 85417 02/08/2023 INDEPENDENT INVESTIGATIVE CONSULTANTS INVESTIGATION SERVICES $8,166.50 85418 02/08/2023 IRON MOUNTAIN RECORD STORAGE $1,309.27 85419 02/08/2023 KEYSER MARSTON ASSOCIATES, INC PROFESSIONAL SERVICES - BART/LIBRARY $290.00 85420 02/08/2023 KISTER,SAVIO & REI INC MAP CHECKING SERVICES $740.00 85421 02/08/2023 KNORR SYSTEMS, INC. SWIMMING POOL SUPPLIES $1,077.50 85422 02/08/2023 KRAMER WORKPLACE INVESTIGATIONS INVESTIGATION SERVICES $4,998.00 85423 02/08/2023 KREISBERG LAW FIRM LEGAL SERVICES $469.00 85424 02/08/2023 L.N. CURTIS & SONS UNIFORMS $26.46
85425 02/08/2023 LEAF SOFTWARE LICENSES $1,300.43
85426 02/08/2023 LIEBERT CASSIDY LEGAL SERVICES $3,152.35 85427 02/08/2023 MORTON'S URBAN PEST MANAGEMENT PEST CONTROL SERVICES $475.00 85428 02/08/2023 MUNICIPAL POOLING AUTHORITY JPA PREMIUM PYMTS/TRUEUPS 10/2022 - 12/2022 $2,058.26 85429 02/08/2023 NAPA SOLANO S.A.N.E/S.A.R.T. INVESTIGATION EXAMPS $2,400.00 85430 02/08/2023 Norge Cleaners and Alterations UNIFORM CLEANING $409.40 85431 02/08/2023 OFFICE RELIEF, INC. OFFICE SUPPLIES $78.71 85432 02/08/2023 PITNEY BOWES PURCHASE POWER OFFICE SUPPLIES $29.99 85433 02/08/2023 PLANETMAGPIE PROFESSIONAL SERVICES - INFORMATION TECH $4,500.00 85434 02/08/2023 PLAZA AUTO SERVICE INC VEHICLE MAINTENANCE $77.18 85435 02/08/2023 PREFERRED ALLIANCE, INC. RECRUITMENT SERVICES - DRUG TESTING $126.00 85436 02/08/2023 RICOH USA, INC EQUIPMENT LEASE - COPIERS $1,636.11 85437 02/08/2023 ROADPOST USA, INC. SATELITTE PHONES $133.90 85438 02/08/2023 S.P. AUTOMOTIVE VEHICLE MAINTENANCE $14.96 85439 02/08/2023 SSD ALARM ALARM SERVICES $283.82
85440 02/08/2023 STAPLES ADVANTAGE OFFICE SUPPLIES $440.65 85441 02/08/2023 STERICYCLE, INC. MEDICAL WASTE DISPOSAL $738.97 85442 02/08/2023 TELEFLEX, INC. MEDICAL SUPPLIES $1,228.25 85443 02/08/2023 TERRYBERRY SERVICE AWARDS $4,399.95
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Agenda Packet Page 257 of 401
Number Date Void Reason Payee Name Description Transaction Amount Monthly Payment Register
From Payment Date: 2/1/2023 - To Payment Date: 2/28/2023 City of El Cerrito
Source
Attachment A - Feb 2023 Payment Register
85444 02/08/2023 THE FLYING LOCKSMITHS - SAN JOSE LOCKSMITH/SECURITY SYSTEMS INSTALL $10,036.95 85445 02/08/2023 TWO BROTHERS POOL & SPA SWIMMING POOL SERVICING $3,600.00 85446 02/08/2023 TYLER TECHNOLOGIES FINANCIAL/ACCOUNTING SYSTEMS & TRAINING $853.74 85447 02/10/2023 CALPERS LONG TERM CARE PROGRAM LONG TERM CARE INSURANCE $39.66 85448 02/10/2023 FRANCHISE TAX BOARD GARNISHMENT $1,182.44 85449 02/10/2023 HEALTH CARE DENTAL TRUST DENTAL INSURANCE PREMIUMS $17,317.83 85450 02/10/2023 IAFF LOCAL 1230 LABOR DUES $5,193.71
85451 02/10/2023 KAISER FOUNDATION HEALTH PLAN MEDICAL INSURANCE PREMIUMS $215,497.58 85452 02/10/2023 LEGALSHIELD LEGAL SERVICES $182.40
85453 02/10/2023 MUNICIPAL POOLING AUTHORITY SUPPLIMENTAL LIFE INSURANCE $11,684.95 85454 02/10/2023 NATIONWIDE TRUST COMPANY, FSB FIRE HEALTH SAVINGS $10,200.00 85455 02/10/2023 SEIU LOCAL 1021 EMPLOYEE VOLUNTARY CONTRIBUTIONS COPE $1,718.26 85456 02/10/2023 SUTTER HEALTH PLUS MEDICAL INSURANCE PREMIUMS - EMPLOYEE $39,861.20 85457 02/10/2023 U.S. BANK - INSTITUTIONAL TRUST - W REGION PUBLIC AGENCY RETIREMENT SERVICES (PARS) $2,094.76 85458 02/13/2023 24 HOUR FITNESS USA, LLC FITNESS MEMBERSHIP FEES $831.74 85459 02/13/2023 AJCHE, DANIEL FACILITY MAINTENANCE $720.00 85460 02/13/2023 ARMOUR PETROLEUM SVC & EQUIPT INSPECTION SERVICES $185.00 85461 02/13/2023 ASCENT ENVIRONMENT, INC. HOUSING ELEMENT $5,164.37 85462 02/13/2023 ATCO Pest Control PEST CONTROL SERVICES $375.00 85463 02/13/2023 AUTO GLASS EXPRESS VEHICLE MAINTENANCE $387.43 85464 02/13/2023 AVILA PROJECT MANAGEMENT ENGINEERING INSPECTION SERVICES $6,720.00 85465 02/13/2023 BATTALION ONE FIRE PROTECTION FIRE SPRINKLER TESTING $1,400.00 85466 02/13/2023 BAY ALARM COMPANY ALARM SERVICES $847.05 85467 02/13/2023 BEST EQUIPMENT FIRE EXTINGUISERS $421.29 85468 02/13/2023 BRIGHTVIEW LANDSCAPE SERVICES, INC. LANDSCAPE MAINTENANCE $11,436.58 85469 02/13/2023 CCC SENIOR NUTRITION PROGRAM SENIOR NUTRITION MEAL SVCS 07/22 - 12/22 $5,747.65 85470 02/13/2023 CHILDCARE CAREERS, LLC CHILD CARE SERVICES $3,140.76 85471 02/13/2023 CINTAS CORPORATION #054 UNIFORMS UNIFORMS $559.10 85472 02/13/2023 CITY OF RICHMOND DISPATCH SERVICES $67,870.08 85473 02/13/2023 COIT FACILITY MAINTENANCE - CARPET CLEANING $1,575.00 85474 02/13/2023 COUNTY CLERK-ELECTIONS DIV ELECTION COSTS $23,660.70 85475 02/13/2023 CRIME SCENE CLEANERS, INC. DISINFECTING SERVICES $108.00 85476 02/13/2023 CRISTANDO HOUSE, INC. LEADERSHIP TRAINING $240.00 85477 02/13/2023 DICKINSON FLEET SVCS / COX AUTOMOTIVE VEHICLE MAINTENANCE $11,602.02 85478 02/13/2023 ERGONOMIC SEATING & PRODUCTS INC. ERGONOMIC FURNITURE AND SUPPLIES $10,376.74 85479 02/13/2023 FOLSOM LAKE FORD ASSET PURCHASE - TWO FORD EXPLORERS $106,585.90 85480 02/13/2023 FUJIWARA, PATTY INSTRUCTOR - RECREATION DEPT $960.00 85481 02/13/2023 IRON MOUNTAIN RECORD STORAGE $1,058.22 Accounts Payable
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Agenda Packet Page 258 of 401
Number Date Void Reason Payee Name Description Transaction Amount Monthly Payment Register
From Payment Date: 2/1/2023 - To Payment Date: 2/28/2023 City of El Cerrito
Source
Attachment A - Feb 2023 Payment Register
85482 02/13/2023 JOHNSON CONTROLS SECURITY SOLUTIONS ALARM SERVICES $429.79 85483 02/13/2023 KEL-AIRE FACILITY MAINTENANCE - HVAC CITY HALL $755.85 85484 02/13/2023 KNORR SYSTEMS, INC. CHEMICALS - SWIMMING POOL MAINTENANCE $2,843.41 85485 02/13/2023 L.N. CURTIS & SONS UNIVORMS $4,105.54
85486 02/13/2023 LEAGUE OF CALIF.CITIES MEMBERSHIP FEES $11,332.00 85487 02/13/2023 LEHR AUTO ELECTRIC & EMERGENCY VEHICLE MAINTENANCE $892.50 85488 02/13/2023 MERCURIO BROS. PRINTING, INC, OFFICE SUPPLIES $368.24 85489 02/13/2023 MOBILE MODULAR MANAGEMENT CORP LEASE FINANCE - MODULAR 02/23 & 11/22 $10,664.78 85490 02/13/2023 NEW IMAGE LANDSCAPE COMPANY LANDSCAPE MAINTENANCE $9,166.66 85491 02/13/2023 OFFICE DEPOT OFFICE SUPPLIES $263.77
85492 02/13/2023 PLAZA AUTO SERVICE INC VEHICLE MAINTENANCE $1,957.77 85493 02/13/2023 RADAR SHOP, THE VEHICLE MAINTENANCE $590.00 85494 02/13/2023 RICHMOND ROD AND GUN CLUB, INC RANGE RENTAL FEES $250.00 85495 02/13/2023 RUBICON ENTERPRISES INC LANDSCAPE MAINTENANCE $31,833.85 85496 02/13/2023 Shababo, Tracey , Elise INSTRUCTOR - RECREATION DEPT $1,758.00 85497 02/13/2023 SHI - GOVERNMENT SOLUTIONS, INC. EQUIPMENT - INFORMATION TECHNOLOGY $1,221.65 85498 02/13/2023 SPEAKWRITE LLC TRANSCRIPTION SERVICES $306.54 85499 02/13/2023 SSD ALARM ALARM SERVICES $660.90
85500 02/13/2023 STERICYCLE, INC. HAZMAT DISPOSAL SERVICES $77.89 85501 02/13/2023 SYMBOL ARTS COMMEMORATIVE COIN $1,077.30 85502 02/13/2023 THE ED JONES COMPANY BADGES/RIBBONS $263.40 85503 02/13/2023 UNIVERSAL BUILDING SERVICE CUSTODIAL SERVICES $6,645.58 85504 02/15/2023 MEYERS NAVE LEGAL SERVICES $20,793.81
85505 02/16/2023 4LEAF, INC. PROFESSIONAL SERVICES - PALN REVIEWS $76,671.90 85506 02/16/2023 Amazon Capital Services, Inc. OFFICE SUPPLIES $124.21 85507 02/16/2023 ART P.E., JAMES E. FIRE PROTECTOIN ENGINEERING SERVICES $840.17 85508 02/16/2023 BLACK, MEI-YU INSTRUCTOR - RECREATION DEPT $234.00 85509 02/16/2023 CINTAS CORPORATION #054 UNIFORMS UNIFORMS $886.51 85510 02/16/2023 CITY OF WALNUT CREEK MAYOR'S CONFERENCE FEES $110.00 85511 02/16/2023 CONSTABLE, MARIANNE INSTRUCTOR - RECREATION DEPT $84.00 85512 02/16/2023 DATA TICKET, INC. CODE ENFORCEMENT PROCESSING $200.00 85513 02/16/2023 EAST BAY SANITARY CO.INC. STREET SWEEPING SERVICES $8,587.25 85514 02/16/2023 Gabriel, Barbara , A. INSTRUCTOR - RECREATION DEPT $588.00 85515 02/16/2023 HONEY BUCKET PORTA POTTY SERVICES $221.05 85516 02/16/2023 JADSON SOUZA DE JESUS INSTRUCTOR - RECREATION DEPT $454.50 85517 02/16/2023 JAFFE, SCOT INSTRUCTOR - RECREATION DEPT $264.00 85518 02/16/2023 JONES, HIROMI INSTRUCTOR - RECREATION DEPT $528.00 85519 02/16/2023 Accounts Payable Kathryn Rile INSTRUCTOR - RECREATION DEPT $330.00 Accounts Payable
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Agenda Packet Page 259 of 401
Number Date Void Reason Payee Name Description Transaction Amount Monthly Payment Register
From Payment Date: 2/1/2023 - To Payment Date: 2/28/2023 City of El Cerrito
Source
Attachment A - Feb 2023 Payment Register
85520 02/16/2023 KEL-AIRE FACILITIES MAINTENANCE - HVAC $360.50 85521 02/16/2023 KI RESEARCH INSTITUTE INSTRUCTOR - RECREATION DEPT $258.00 85522 02/16/2023 KINSEY, KATHRYNE ANN INSTRUCTOR - RECREATION DEPT $498.00 85523 02/16/2023 L.N. CURTIS & SONS PERSONAL PROTECTON EQUIPMENT $22,038.99 85524 02/16/2023 LACK, CHRIS INSTRUCTOR - RECREATION DEPT $266.00 85525 02/16/2023 NERD CROSSING WEB HOSTING SERVICES - INFO TECH $400.00 85526 02/16/2023 OFFICE DEPOT OFFICE SUPPLIES $270.47
85527 02/16/2023 PASTIME HARDWARE FACILITY MAINTENANCE SUPPLIES $47.89 85528 02/16/2023 PLAZA AUTO SERVICE INC VEHICLE MAINTENANCE $3,924.31 85529 02/16/2023 RAMOS, STEPHANIE, R INSTRUCTOR - RECREATION DEPT $5,805.30 85530 02/16/2023 RUIZ, JOE INSTRUCTOR - RECREATION DEPT $1,061.40 85531 02/16/2023 SHAHKAR, MEHRAN INSTRUCTOR - RECREATION DEPT $486.00 85532 02/16/2023 SSD ALARM ALARM SERVICES $173.40
85533 02/16/2023 ST. FRANCIS ELECTRIC STREET LIGHT MAINTENANCE $12,233.90 85534 02/16/2023 TOYOTA MATERIAL HANDLING NC FORKLIFT & EQUIPMENT MAINTENANCE $1,176.00 85535 02/16/2023 UNIVERSAL BUILDING SERVICE CUSTODIAL SERVICES $1,889.00 85536 02/16/2023 VERMONT SYSTEMS, INC. RECREATION SYSTEMS MANAGEMENT $343.75 85537 02/16/2023 VERMONT SYSTEMS, INC. RECREATION SYSTEMS MANAGEMENT $1,125.00 85538 02/16/2023 CARR, ELLIOT RED CROSS SWIM COACH CERT/BACKGRD $43.00 85539 02/16/2023 CEJA, VERONICA EMPLOYEE REIMBURSEMENT - LUNCH FOR TRNG $16.00 85540 02/16/2023 DEPARTMENT OF MOTOR VEHICLES VEHICLE RECORD REQUEST $15.00 85541 02/16/2023 DUNKLE, STEPHEN, M. EMPLOYEE REIMBURSEMENT - BUILDING SUPPLIES $57.49 85542 02/16/2023 EMILY , GRAHAM EMPLOYEE REIMBURSEMENT - PER DIEM (TRNG/TRVL) $150.00 85543 02/16/2023 eRecording Partners Network REFUND - TITLE COMPANY ERROR $5,760.00 85544 02/22/2023 EBMUD UTILITIES $7,387.10
85545 02/22/2023 PG&E UTILITIES $76,846.11
85546 02/24/2023 CALPERS LONG TERM CARE PROGRAM LONG TERM CARE INSURANCE $39.66 85547 02/24/2023 EL CERRITO FIRE DEPT MGMT GRP LABOR DUES $50.00 85548 02/24/2023 EL CERRITO PUBLIC SFTY EE MGMT LABOR DUES $671.00 85549 02/24/2023 FIRE ASSOCIATION LABOR DUES $510.00
85550 02/24/2023 FRANCHISE TAX BOARD GARNISHMENT $1,182.44 85551 02/24/2023 LIFE INSURANCE OF NORTH AMERICA ACCIDENTIAL DEATH & DISMEMBERMENT PREMIUM $69.50 85552 02/24/2023 POLICE ASSN. LABOR DUES $4,878.07
85553 02/24/2023 PRO FIREFIGHTERS ASSN DUES LABOR DUES $290.00 85554 02/24/2023 SEIU LOCAL 1021 EMPLOYEE VOLUNTARY CONTRIBUTIONS (COPE) $1,707.67 85555 02/24/2023 U.S. BANK - INSTITUTIONAL TRUST - W REGION PUBLIC AGENCY RETIREMENT SERVICES (PARS) $2,219.74 85556 02/23/2023 ALAMEDA COUNTY FIRE DEPARTMENT FIRE APPARATUS REPAIR AND SERVICE $15,912.46 85557 02/23/2023 Amazon Capital Services, Inc. OFFICE SUPPLIES $58.41 Accounts Payable
Accounts Payable
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Agenda Packet Page 260 of 401
Number Date Void Reason Payee Name Description Transaction Amount Monthly Payment Register
From Payment Date: 2/1/2023 - To Payment Date: 2/28/2023 City of El Cerrito
Source
Attachment A - Feb 2023 Payment Register
85558 02/23/2023 AT&T TELEPHONE & INTERNET SERVICES $11,588.32 85559 02/23/2023 AVILA PROJECT MANAGEMENT SWIMMING POOL REPLASTER $3,032.50 85560 02/23/2023 BALTZ, LEONARD INSTRUCTOR - RECREATION DEPT $1,186.20 85561 02/23/2023 BAY ALARM COMPANY ALARM SERVICES $288.15 85562 02/23/2023 BOUNDTREE MEDICAL LLC MEDICAL SUPPLIES $2,209.30 85563 02/23/2023 BPXPRESS SWIMMING POOL REPLASTERING $78.00 85564 02/23/2023 CINDY K HULL & ASSOC-FORENSIC CONSULTING TRAINING - CRIME SCENE $900.00 85565 02/23/2023 CINTAS CORPORATION #054 UNIFORMS UNIFORMS $103.46 85566 02/23/2023 CITY OF FAIRFIELD FIRE RANGE FEES $2,520.00 85567 02/23/2023 CONTRA COSTA CARE GROUP INC EMERGENCY RESPONSE DUES $550.00 85568 02/23/2023 CORODATA SHREDDING INC. SHREDDING SERVICES $207.43 85569 02/23/2023 CRIME SCENE CLEANERS, INC. DISINFECTING SERVICES $108.00 85570 02/23/2023 DON'S TIRE SERVICE, INC. VEHICLE MAINTENANCE $206.54 85571 02/23/2023 GRAUL, BELINDA INSTRUCTOR - RECREATION DEPT $5,590.00 85572 02/23/2023 INTERWEST CONSULTING GROUP INC PROFESSIONAL SERVICES - PLANNING $2,170.00 85573 02/23/2023 KOFF & ASSOCIATES, INC. PROFESSIONAL SERVICES - CLASS & COMP $10,625.00 85574 02/23/2023 KUROSAKI, RAYKO INSTRUCTOR - RECREATION DEPT $180.00 85575 02/23/2023 LEAF SOFTWARE LICENSES $1,300.43
85576 02/23/2023 LEHR AUTO ELECTRIC & EMERGENCY ASSET PURCHASE - VEHICHLE UPGRADES $17,676.33 85577 02/23/2023 MORTON'S URBAN PEST MANAGEMENT PEST CONTROL SERVICES $715.00 85578 02/23/2023 OFFICE DEPOT OFFICE SUPPLIES $362.26
85579 02/23/2023 OLIVERO PLUMBING PLUMBING SERVICES $471.53 85580 02/23/2023 PETERSON TRUCKS, INC. VEHICLE MAINTENANCE - FIRE DEPT $6,812.67 85581 02/23/2023 PLANETMAGPIE IT CONSULTING - ID CERTIFICATION SOFTWARE $265.00 85582 02/23/2023 PREMIER GRAPHICS PRINTING SERVICES $55.13 85583 02/23/2023 REM, INC. ENVIRONMENTAL INFRASTRUCTURE 3 YR MNTCE $10,256.40 85584 02/23/2023 RICOH USA, INC EQUIPMENT LEASE - COPIERS $1,591.71 85585 02/23/2023 RINGCENTRAL, INC. VOIP TELEPHONE SERVICE $1,450.97 85586 02/23/2023 ROTARY CLUB OF EL CERRITO DUES - 3RD QUARTER $375.00 85587 02/23/2023 SPEEDPRO IMAGING OF SF PENINSULA VEHICLE MAINTENANCE - PATROL CAR DECALS $408.39 85588 02/23/2023 SSP DATA PRODUCTS SOFTWARE LICENSE SUBSCRIPTION $2,676.27 85589 02/23/2023 ST. FRANCIS ELECTRIC LIGHTING REPAIR $2,564.30 85590 02/23/2023 STATE OF CA DEPT OF JUSTICE BIOMETRIC SERVICES $591.00 85591 02/23/2023 THE ED JONES COMPANY BADGE PRINTING $1,851.48 85592 02/23/2023 THOMSON REUTERS/BARCLAYS NAVIGATION SOFTWARE SUBSCRIPTION $2,160.90 85593 02/23/2023 TIM JUNG INVESTIGATIONS INVESTIGATION SERVICES $1,824.98 85594 02/23/2023 UNIVERSAL BUILDING SERVICE CUSTODIAL SERVICES $292.53 85595 02/23/2023 Accounts Payable ALAMEDA COUNTY SHERIFF'S OFFICE TUITITION - FIRE ARMS/TACTICAL TRAINING $339.00 Accounts Payable
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Agenda Packet Page 261 of 401
Number Date Void Reason Payee Name Description Transaction Amount Monthly Payment Register
From Payment Date: 2/1/2023 - To Payment Date: 2/28/2023 City of El Cerrito
Source
Attachment A - Feb 2023 Payment Register
85596 02/23/2023 Birdsell, Adam EMPLOYEE REIMBURSEMENT - TRAINING $65.00 85597 02/23/2023 COOPER, PAUL EMPLOYEE REIMBURSEMENT - PER DIEM $80.00 85598 02/23/2023 LEONE*AARON EMPLOYEE REIMBURSEMENT - PER DIEM $150.00 85599 02/23/2023 Mejia, Juan EMPLOYEE REIMBURSEMENT - PER DIEM $40.00 85600 02/23/2023 Olivieri, Michael EMPLOYEE REIMBURSEMENT - PER DIEM $24.00 85601 02/23/2023 TRAC, RYAN, L. EMPLOYEE REIMBURSEMENT - PER DIEM/MILEAGE $215.00 85602 02/23/2023 Austin, Tara REFUND - PLAN CHECK FEES $459.00 85603 02/27/2023 CHAVAN & ASSOCIATES, LLP ANNUAL AUDITING SERVICES $24,975.00 85604 02/28/2023 Alvarez, Nadeem OVERTIME MEAL ALLOWANCE $70.00 85605 02/28/2023 BROSAS, DONOVAN OVERTIME MEAL ALLOWANCE $160.00 85606 02/28/2023 CEJA, VERONICA OVERTIME MEAL ALLOWANCE $40.00 85607 02/28/2023 CLIATT, SCOTT OVERTIME MEAL ALLOWANCE $50.00 85608 02/28/2023 COOPER, PAUL OVERTIME MEAL ALLOWANCE $90.00 85609 02/28/2023 ELLIOTT, MARIELLE OVERTIME MEAL ALLOWANCE $130.00 85610 02/28/2023 HASHIMOTO, KENNETH, J. OVERTIME MEAL ALLOWANCE $60.00 85611 02/28/2023 Hernandez, Danielle OVERTIME MEAL ALLOWANCE $160.00 85612 02/28/2023 HUBBS, SIDNEY OVERTIME MEAL ALLOWANCE $90.00 85613 02/28/2023 KARKI, RAVI OVERTIME MEAL ALLOWANCE $30.00 85614 02/28/2023 LEONE*AARON OVERTIME MEAL ALLOWANCE $180.00 85615 02/28/2023 LY, SON OVERTIME MEAL ALLOWANCE $20.00 85616 02/28/2023 Ma, Sang OVERTIME MEAL ALLOWANCE $40.00 85617 02/28/2023 Mejia, Juan OVERTIME MEAL ALLOWANCE $20.00 85618 02/28/2023 Olivieri, Michael OVERTIME MEAL ALLOWANCE $110.00 85619 02/28/2023 PERALES, EDWARD, J. OVERTIME MEAL ALLOWANCE $150.00 85620 02/28/2023 Ramos Banales, Alicia OVERTIME MEAL ALLOWANCE $20.00 85621 02/28/2023 Ringgenberg, Kent OVERTIME MEAL ALLOWANCE $10.00 85622 02/28/2023 Rivera, Humberto OVERTIME MEAL ALLOWANCE $230.00 85623 02/28/2023 RYDER, GODSON OVERTIME MEAL ALLOWANCE $180.00 85624 02/28/2023 TANG, GILBERT OVERTIME MEAL ALLOWANCE $650.00 85625 02/28/2023 TRAC, RYAN, L. OVERTIME MEAL ALLOWANCE $220.00 85626 02/28/2023 VAZQUEZ-AVALOS, SERGIO OVERTIME MEAL ALLOWANCE $270.00 85627 02/28/2023 WAHRLICH, JOHN-TRACY OVERTIME MEAL ALLOWANCE $110.00 85628 02/28/2023 WARE, STEPHANIE OVERTIME MEAL ALLOWANCE $10.00 85629 02/28/2023 WENTWORTH*DAVID OVERTIME MEAL ALLOWANCE $70.00 85630 2/28/2023 WHITNEY, JOHN OVERTIME MEAL ALLOWANCE $190.00 85631 02/28/2023 WRIGHT, ROBERT OVERTIME MEAL ALLOWANCE $70.00 85632 02/28/2023 ZHAO, ZITIAN OVERTIME MEAL ALLOWANCE $20.00 TOTAL - CHECKS 302 Transactions $1,660,495.73
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Agenda Packet Page 262 of 401
Number Date Void Reason Payee Name Description Transaction Amount Monthly Payment Register
From Payment Date: 2/1/2023 - To Payment Date: 2/28/2023 City of El Cerrito
Source
Attachment A - Feb 2023 Payment Register
2396 02/10/2023 EDD - PAYROLL TAX DEPOSIT STATE TAXES $33,022.59 2397 02/10/2023 IRS FEDERAL TAXES $126,352.19
2398 02/10/2023 MIssionSquare (name chg 03-2021 formerly ICMA) DEFERRED COMPENSATOIN $44,932.06 2399 02/10/2023 CalPERS RETIREMENT/PENSION $154,913.52
2400 02/10/2023 STATE DISBURSEMENT UNIT GARNISHMENT $100.96 2401 02/24/2023 IRS RETIREE PERSONAL INCOME TAX $200.00 2402 02/24/2023 EDD - PAYROLL TAX DEPOSIT STATE TAXES $34,326.34 2403 02/24/2023 IRS FEDERAL TAXES $127,497.71
2404 02/24/2023 MIssionSquare (name chg 03-2021 formerly ICMA) DEFERRED COMPENSATOIN $45,051.71 2405 02/24/2023 CalPERS RETIREMENT $162,187.73
2406 02/24/2023 STATE DISBURSEMENT UNIT GARNISHMENT $100.96 2407 02/07/2023 KATZ, JUDY INSTRUCTOR - RECREATION DEPT $331.20 2408 02/27/2023 EDD - PAYROLL TAX DEPOSIT STATE TAXES $5,286.05 2409 02/27/2023 IRS FEDERAL TAXES $15,630.13
2410 02/22/2023 U.S. BANK SUCCESSOR/RDA DEBT PAYMENT 2016A/2016B $1,061,396.81 2411 02/28/2023 CalPERS RETIREMENT/PENSION $46,966.01
$1,858,295.97
Status Count Transaction Amount
Payments 316 $3,515,535.50
Voided 2 $3,256.20
Total 318 $3,518,791.70
Status Count Transaction Amount
Open 555 $1,047,701.21
Voided 0 $0.00
Total 555 $1,047,701.21
873 $4,566,492.91
ACCOUNTS PAYABLE - EFTs
TOTAL - EFTs

PAYROLL

GRAND TOTAL
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16 Transactions

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Agenda Packet Page 263 of 401

AGENDA BILL
Agenda Item No. 7.H.

Date: March 21, 2023
To: El Cerrito City Council
From: Christina Leard, Management Analyst III; Will Provost, Operations + Environmental Services Division Manager; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Subject: Annual Parcel Assessment for the National Pollutant Discharge Elimination System (NPDES) Program and Drainage Maintenance Activities for Fiscal Year 2023-24

ACTION PROPOSED
Adopt a resolution establishing the annual parcel assessment for the National Pollutant Discharge Elimination System (NPDES) program and Drainage Maintenance activities at the current rate of $38.00 per Equivalent Runoff Unit (ERU) and authorizing the Contra Costa County Flood Control & Water Conservation District to adopt Stormwater Utility Area (SUA) levies based on said amount for Fiscal Year (FY) 2023-24.

BACKGROUND - CLEAN WATER PROGRAM UPDATE
Under the 1987 amendments to the Federal Water Pollution Control Act (Clean Water Act), all jurisdictions in the United States are responsible for ensuring compliance with the National Pollutant Discharge Elimination System (NPDES) program. The State Water Resources Control Board grants regulatory responsibilities for water quality to the Regional Water Quality Control Boards in nine regions throughout California. In the Bay Area, the San Francisco Bay Regional Water Quality Control Board (Water Board) regulates the discharge of stormwater runoff from the municipal separate storm sewer systems (MS4) draining into San Francisco Bay through a Municipal Regional Permit (MRP). The MRP covers Alameda, Contra Costa, Santa Clara and San Mateo counties, as well as the cities of Fairfield, Suisun, and Vallejo. In Contra Costa County, the Contra Costa Clean Water Program (CWP) coordinates compliance and collaborates on programmatic components of the MRP. The CWP is comprised of Contra Costa County, its 19 incorporated cities and towns, and the County Flood Control and Water Conservation District. Working with the member jurisdictions, the CWP provides services designed to protect water quality by keeping trash and other pollutants from entering drainage systems that ultimately make their way into local creeks, reservoirs, lakes, and the Bay.

Municipal Regional Permit
The City’s Clean Water Program is currently governed by the Municipal Regional Permit Order No. R2-2022-0018, which became effective July 1, 2022, superseding the previous “MRP 2.0” (2015). The current permit (“MRP 3.0”) expands upon previous permit requirements to conduct specific stormwater management actions regarding trash load reduction and pollutant monitoring, and has an increased focus on reducing other pollutants of concern (POCs). MRP 3.0 includes costly new mandates relating to:

Agenda Packet Page 264 of 401
Agenda Item No. 7.H.
• Tracking encampments and addressing illegal dumping, illicit discharges, and other stormwater concerns stemming from unsheltered populations • Developing and implementing the use of new expansive asset management programs and software for stormwater assets
• Constructing rain gardens and other green infrastructure at higher levels, including in roads and transportation projects
• Reducing trash reduction credits for existing source control policies (e.g., singleuse bag ban) and creek cleanups, while maintaining the target to achieve a 100% trash load reduction, thereby making it more expensive and challenging to maintain compliance
• Including some new single-family homes as regulated development projects that require stormwater control plans and ongoing inspections • Implementing new best management practices, standard operating procedures, and reporting for discharges of water and foam used in emergency firefighting applications
• Increased water quality monitoring region-wide
• Increased reporting requirements in almost all sections of the MRP.

Annual Report and Recent Highlights
The changes forthcoming under the new MRP notwithstanding, at the end of September 2022, City Staff submitted the FY 2021-22 Annual Report for the City’s Clean Water Program to the Regional Water Quality Control Board covering the final year of MRP

2.0. The report highlighted El Cerrito’s continued efforts to meet and exceed the requirements of the MRP. Notable highlights included: completion of two bioretention basins as part of the El Dorado Townhomes/Village 29 development project; continuation of the City’s moratorium on the use of glyphosate in all City landscapes; City Staff’s successful review and monitoring of a growing number of stormwater projects built alongside new development; a calculated 97% trash load reduction under the MRP 2.0 approved formula; and, a robust public outreach and education campaign.

Every year, this report highlights the significant efforts undertaken by the City to meet the requirements of our permit through public outreach, municipal operations, trash reduction, green infrastructure, illicit discharge detection and elimination, and new development and construction review. The City’s entire fiscal year (FY) 2021-22 Annual Report, along with those of other jurisdictions in Contra Costa County, is available for viewing on the CWP website at cccleanwater.org/about/reports.

The City actively complies with all existing MRP requirements, including those related to Municipal Operations and Integrated Pest Management, Illicit Discharge Detection and Elimination, New Development and Redevelopment, Public Outreach and Education, Construction Site Controls, Industrial and Commercial Site Controls, and managing pollutants of concern (e.g., PCBs). Specific Clean Water Program activities are coordinated and carried out primarily by the Public Works Department, with assistance from the Community Development Department. Additionally, new requirements to monitor emergency discharges from water and foam used in firefighting applications will Agenda Packet Page 265 of 401
Agenda Item No. 7.H.
require coordination with the Fire Department.

Current Compliance and Anticipated Changes
El Cerrito has been reaching the compliance targets under the MRP 2.0. However, based on the changes to the MRP in July 2022, the MRP 3.0 requirements may be costly and challenging to meet in a variety of areas. It is expected that additional funding and staffing resources will be needed to deliver the newly required programs and reports. For example, while the City has been able to maintain strong compliance in meeting the trash load reduction requirements in recent years, the new permit eliminates the credit municipalities receive for source control policies (e.g., single-use plastic bag bans) and volunteer cleanups. That one change may require the City to install a variety of expensive new infrastructure or implement other cleanup programs with diminishing returns. Moreover, to maintain compliance, a new trash load reduction management plan is required to be developed by September 2023, and the City will likely need to pursue new ordinances, which may include a requirement for large privately-owned parking lots to install and maintain trash capture devices. There are many changes in MRP 3.0 that require similar or greater levels of effort from the City, above and beyond what was required in the previous permit term.

Simultaneously, the NPDES funds the City has for these activities are relatively flat, with the General Fund already funding Clean Water Program activities at an estimated $90,000 annually, as further described in the Financial Considerations section of this report. To meet the new requirements, it is expected that additional revenues or General Fund support may be needed in future years. Once resource needs are clearer, proposed budget increases will be brought forward by City Staff to be considered by the City Council as part of the annual budgeting process.

ANALYSIS – STORMWATER UTILITY AREA ASSESSMENT
Currently, El Cerrito’s NPDES compliance activities are funded by a combination of countywide Stormwater Utility Area (SUA) assessment funds, the City’s Measure J Storm Drain funds, and the General Fund. The SUA is levied by the County in most CWP jurisdictions and provides funds for clean water activities in the member jurisdictions, as well as activities at the countywide level. The total annual amount generated countywide by the SUA is approximately $15.9 million (Attachment 2).

Each year the per parcel rate for the SUA must be re-established by the County Board of Supervisors, which acts as the governing body for the Flood Control and Water Conservation District and, thus, the CWP. Each local jurisdiction must first adopt a resolution determining the appropriate assessment for its jurisdiction and then forward that instructing resolution to the Contra Costa County Flood Control and Water Conservation District. The Flood Control and Water Conservation District has requested the resolution be adopted by the City and sent no later than April 3, 2023, so that the County has sufficient time to place the assessment on the property tax rolls for the upcoming fiscal year.

Agenda Packet Page 266 of 401
Agenda Item No. 7.H.

Specific SUA assessments are calculated through determining Equivalent Runoff Units (ERUs). An ERU is a value that reflects the amount of impervious (paved) surface of a given parcel. Impervious surfaces result in stormwater runoff to the storm drain system, which potentially carries pollutants to the Bay and into the groundwater. Parcels that contain large areas of paved surfaces are assigned a greater number of ERUs.

Residential lots in El Cerrito between 5,000 to 20,000 square feet in size are assigned one (1) ERU. Industrial or commercial parcels with paved parking or other impervious surfaces are assigned two (2) or more ERUs, depending on their size.

In 1993, when the County SUA was established, El Cerrito’s assessment was $14 per ERU (Attachment 4). The City’s current rate of $38 per ERU was approved by the El Cerrito City Council in FY 2004-05. Per the County Ordinance which adopted the SUA, $38 is the maximum rate that can be assessed in El Cerrito. All municipalities in Contra Costa County have reached their maximum rates allowed.

In FY 2023-24, the County estimates that El Cerrito’s rate of $38 will generate $414,842 for NPDES compliance (Attachment 2), based on data from the current Fiscal Year, FY 2022-23. Of these revenues, an estimated $77,623 (18.7%) is allocated for CWP regional compliance activities and $337,219 (81.3%) is allocated to El Cerrito to fund local compliance activities. The City’s share of the CWP’s total program costs is 2.22% (Attachment 3).

The CWP uses its portion of the SUA funds to assist local jurisdictions with MRP compliance by performing work that is more cost-effective when done at the countywide level. Examples include regional public outreach campaigns, regional water quality and creeks monitoring, development of Geographical Information System tracking tools for reporting pollutant load reductions, development of the C.3 Guidebook for developers and City Staff, coordinating municipal staff training, support in development and submittal of the Annual Report, and other activities that assist member agencies in complying with the MRP. The CWP also pays dues, on behalf of the local jurisdictions, to the San Francisco Bay Regional Monitoring Program for Trace Substances and to the California Stormwater Quality Association. These groups provide training, monitoring, and research activities that are mandated under the MRP.

After increasing over the course of the previous permit term, the City’s allocation for the CWP has remained level over the last four years. However, costs of compliance are expected to rise in the current permit term and are already rising as the CWP begins activities to meet the requirements that took effect July 1, 2022. The CWP, with guidance from the Permitees, has been focused on maintaining relatively constant levels of funding from municipalities. Due to the need for additional countywide efforts to meet permit requirements, including efforts that are more cost-effective on a regional scale, the CWP is focusing on using the CWP’s currently healthy reserve fund in the coming year, in order to maintain the amounts returned to cities at the current level.

Moving forward, the CWP will likely have to either continue using reserves as long as possible or it may be in the best interest of the City and all Permittees to support Agenda Packet Page 267 of 401
Agenda Item No. 7.H.
decreasing the amount returned to local jurisdictions in future years. This matter will require careful consideration; with SUA funding relatively flat, increasing costs to directly implement mandated programs as a City, and potentially a reduced amount of SUA funds returned to the City, additional resources to fund the required activities may need to be identified. City Staff will update the City Council as part of the FY 2023-24 and/or FY 2024-25 budget processes as resource needs become clearer.

STRATEGIC PLAN CONSIDERATIONS
Maintaining existing funding for the City’s Clean Water Program activities fulfills Strategic Plan Goals to “Ensure the public’s health and safety” and to “Foster environmental sustainability citywide.” These activities are mandated by both Federal and State regulations to help maintain clean water standards. Implementation of the Clean Water Program not only promotes good water quality, it also protects the health and sustainability of the City’s waterways and ecology. Non-compliance with the Municipal Regional Permit exposes jurisdictions to penalties, fines, and other enforcement actions.

ENVIRONMENTAL CONSIDERATIONS
Establishing the annual amount and authorizing the Contra Costa County Flood Control & Water Conservation District to adopt SUA levies does not constitute a “project” as defined in the California Environmental Quality Act (CEQA) and its Guidelines, under the general rule that CEQA applies only to actions that have the potential to cause a significant effect on the environment. In this case, the City of El Cerrito City Council is only authorizing the amount of the annual parcel assessment for the NPDES program.

Additionally, pursuant to Section 15273 of the CEQA Guidelines, the establishment of charges for the purpose of meeting operating expenses is categorically exempt. Any potential project funded by the annual assessment will be reviewed under CEQA prior to approval.

FINANCIAL CONSIDERATIONS
Staff is requesting adoption of the maximum rate of $38.00 per ERU for FY 2023-24, which would generate an estimated $414,842, of which $337,219 will be returned to the City and included in the FY 2023-24 budget under the NPDES Fund (202). If adopted by the City Council, the Contra Costa County Board of Supervisors will adopt the annual property assessments for the FY 2023-24 tax rolls. The City Council appropriates expenditures of these funds as part of its annual budget process. The funds are used to perform clean water activities as described above, which include Engineering and Maintenance personnel, professional and technical services for monitoring, testing and assessments, State permitting fees, specialized maintenance services, and City Administration.

City Funding Efforts
As the MRP requirements and expenses have increased over the years, the relatively flat revenues generated by the fixed ERU rate established in FY 2004-05 have not kept pace. Various efforts have been made by the City, CWP, and others to increase funding Agenda Packet Page 268 of 401
Agenda Item No. 7.H.
for clean water activities of local governments. Currently, Clean Water Program activities are estimated to cost the City approximately $90,000 more than the earmarked revenues the City receives to fund these programs, with that difference being supported by the General Fund. As noted above, Staff anticipate that this funding gap may grow in the coming years, with additional funding needing to be identified regionally or internally to maintain compliance with the MRP.

Regional and Statewide Funding Efforts
In 2012, the CWP attempted to raise new clean water funds through a countywide property-owner mail-in ballot election. Although this initiative failed on a countywide basis, support in El Cerrito was 54 percent, demonstrating some local support for clean water activities. Subsequently, a coalition of various agencies sought a legislative solution to bridge the funding gap between increasing NPDES compliance requirements and the lack of funding sources available to pay for them. In October 2017, Governor Brown signed Senate Bill 231 (Hertzberg) Local Government: Fees and Charges, which provides local governments with greater authority to fund stormwater improvements. (The El Cerrito City Council approved a recommendation authorizing the Mayor to send a letter in support of the bill.) The legislature did this by clarifying, and thereby expanding the definition of “sewer” under Proposition 218, allowing cities to fund stormwater projects in the same manner as other public works utilities, such as water, sanitary sewer, and solid waste. However, local governments are proceeding cautiously in implementing any related fees, as the new law has yet to be tested in the courts.

Given the escalation of MRP requirements, additional funding sources will likely need to be identified by FY 2024-25 if the City is to stay in compliance during the current permit term. The CWP is currently conducting research on all available funding options to help lead and guide the cities in the region in identifying and pursuing additional funding streams. Once resource needs are determined, Staff will return to City Council for consideration as part of the annual budgeting process. While City Staff continue to actively monitor and, in coordination with the CWP, oppose increasing State mandates that require local government compliance without a dedicated funding source, the potential cost and fines associated with non-compliance are significant. For this reason, City Staff has kept program costs at the lowest possible level while still meeting MRP requirements to date.

LEGAL CONSIDERATIONS
The proposed action is consistent with established processes for City adoption of the annual ERU rate. The City Attorney has reviewed and approved the proposed action.

Reviewed by:

Alexandra Orologas, Assistant City Manager
Agenda Packet Page 269 of 401
Agenda Item No. 7.H.

Attachments:

1. Resolution

2. Contra Costa Clean Water Program Return to Source Percentages

3. Contra Costa Clean Water Program Group Costs Methodology and Allocation

4. Stormwater Utility Area Formation County Engineer Report Agenda Packet Page 270 of 401
RESOLUTION 2023-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO

ESTABLISHING THE ANNUAL PARCEL ASSESSMENT FOR THE NATIONAL

POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM AND DRAINAGE MAINTENANCE ACTIVITIES AT THE CURRENT RATE OF $38.00 PER

EQUIVALENT RUNOFF UNIT AND AUTHORIZING THE CONTRA COSTA COUNTY

FLOOD CONTROL & WATER CONSERVATION DISTRICT TO ADOPT STORMWATER UTILITY AREA LEVIES BASED ON SAID AMOUNT IN FISCAL YEAR 2023-24.

WHEREAS, under the Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California Regional Water Quality Board under the National Pollutant Discharge Elimination System (NPDES) program; and WHEREAS, Order No. R2-2022-0018, NPDES Permit No. CAS612008, issuing waste discharge requirements under the San Francisco Bay Municipal Regional Stormwater Permit (MRP) to the Cities, Flood Control Districts and County agencies located in Alameda, Contra Costa, Santa Clara, and San Mateo Counties, as well as the cities of Fairfield, Suisun and Vallejo, includes the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering storm waters; and
WHEREAS, at the request of the City of El Cerrito, the Contra Costa County Flood Control and Water Conservation District (District) has completed the process for formation of a Stormwater Utility Area (SUA), including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and
WHEREAS, it is the intent of the City of El Cerrito to utilize funds received from its SUA for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, the SUA and Program Group Costs Payment Agreement between the City of El Cerrito and the District requires that the City of El Cerrito annually determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year and the District has requested the approved resolutions by April 3, 2023.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito does determine that the rate to be assigned to a single ERU for Fiscal Year 2023- 24 shall be set at $38.00.

BE IT FURTHER RESOLVED, the City Council of the City of El Cerrito does hereby request the District to adopt SUA levies based on said amount.

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

Agenda Packet Page 271 of 401
I CERTIFY that at a regular meeting on March 21, 2023 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 .
________________________
Holly M. Charléty, City Clerk
APPROVED:
________________________
Lisa Motoyama, Mayor
Agenda Packet Page 272 of 401
Allocation2
% RTS10 Allocation3 % RTS10 Allocation4 % RTS10 Allocation5 % RTS10 Allocation6 % RTS10 Allocation7 % RTS10 Allocation8 % RTS10 Allocation9 % RTS10 Antioch $ 1,265,767 $ 257,816 78.1 $ 307,042 73.9 $306,747 73.9 $344,212 72.2 $342,241 73.0 $341,395 73.0 $342,303 73.0 $348,240 72.5 Brentwood $ 134,488 $ 159,772 $163,938 $191,930 $191,287 $197,573 $200,493 $194,714 Clayton $ 127,691 $ 26,872 78.7 $ 30,466 75.9 $30,299 76.0 $34,801 72.4 $35,014 72.6 $34,397 73.1 $34,179 73.2 $32,874 74.3 Concord $ 2,108,922 $ 300,122 85.3 $ 352,538 82.8 $344,685 83.2 $393,222 80.9 $390,281 81.5 $394,865 81.3 $392,125 81.4 $374,145 82.3 Danville $ 572,191 $ 104,012 81.6 $ 116,505 79.4 $116,412 79.4 $135,163 76.0 $136,024 76.2 $133,123 76.7 $133,181 76.7 $131,193 77.1 El Cerrito $ 414,842 $ 57,820 85.6 $ 66,258 83.5 $66,053 83.6 $75,926 81.3 $76,497 81.6 $75,709 81.7 $75,366 81.8 $77,623 81.3 Hercules $ 320,914 $ 58,980 81.8 $ 67,381 79.5 $68,940 79.1 $80,122 75.7 $78,796 75.4 $77,460 75.9 $78,454 75.6 $78,957 75.4 Lafayette $ 473,470 $ 59,882 86.9 $ 67,742 85.3 $67,662 85.3 $78,106 83.0 $79,105 83.3 $77,685 83.6 $76,919 83.8 $75,849 84.0 Martinez $ 706,348 $ 88,997 85.8 $ 100,719 83.9 $101,115 83.9 $115,986 82.3 $115,652 83.6 $112,583 84.1 $111,708 84.2 $111,692 84.2 Moraga $ 293,176 $ 39,199 86.4 $ 44,882 87.4 $44,777 87.4 $51,729 82.2 $50,897 82.6 $51,416 82.5 $51,020 82.6 $51,764 82.3 Oakley $ 536,297 $ 92,342 81.4 $ 109,102 78.4 $110,623 78.1 $127,083 75.8 $125,474 76.6 $128,830 76.0 $130,114 75.7 $134,767 74.9 Orinda $ 389,339 $ 44,308 88.4 $ 50,959 86.7 $50,842 86.7 $58,451 84.6 $58,517 85.0 $57,675 85.2 $57,870 85.1 $58,945 84.9 Pinole $ 324,151 $ 45,103 85.7 $ 50,932 84.0 $50,950 84.0 $58,564 81.7 $58,586 81.9 $59,180 81.7 $58,752 81.9 $56,373 82.6 Pittsburg $ 1,253,271 $ 160,997 85.5 $ 184,324 83.5 $187,468 83.2 $221,172 81.5 $217,966 82.6 $225,496 82.0 $225,976 82.0 $227,439 81.9 Pleasant Hill $ 496,383 $ 81,327 83.5 $ 92,620 81.2 $93,057 81.1 $106,764 78.3 $105,331 78.8 $103,969 79.1 $103,536 79.1 $102,970 79.3 Richmond $ 255,550 $ 300,003 $300,153 $337,837 $331,830 $337,442 $334,059 $346,470 San Pablo $ 433,734 $ 70,776 83.2 $ 83,792 80.1 $83,380 80.2 $96,184 77.4 $95,601 78.0 $95,310 78.0 $94,157 78.3 $95,356 78.0 San Ramon $ 1,238,510 $ 187,024 84.2 $ 212,987 82.3 $216,284 82.0 $251,605 78.4 $252,268 79.6 $252,187 79.6 $254,383 79.5 $253,658 79.5 Walnut Creek $ 1,300,384 $ 159,187 86.6 $ 190,306 84.0 $190,571 84.0 $215,144 82.0 $210,694 83.8 $214,995 83.5 $216,327 83.4 $211,506 83.7 CC County $ 3,655,945 $ 400,713 88.3 $ 465,102 87.0 $465,739 87.0 $525,212 84.9 $521,037 85.7 $528,710 85.5 $529,080 85.5 $535,464 85.4 Total $ 15,911,333
= No SUA. Stormwater funding from other sources.

8. Allocation of costs based on CA Department of Finance Population Figures - January 1, 2021.

9. Allocation of costs based on CA Department of Finance Population Figures - January 1, 2022.

10. Percentage of Stormwater Utility Assessment (SUA) revenue Returned-to-Source (RTS).

2. Allocation of costs based on CA Department of Finance Population Figures - January 1, 2015.

3. Allocation of costs based on CA Department of Finance Population Figures - January 1, 2016.

4. Allocation of costs based on CA Department of Finance Population Figures - January 1, 2017.

5. Allocation of costs based on CA Department of Finance Population Figures - January 1, 2018.

6. Allocation of costs based on CA Department of Finance Population Figures - January 1, 2019.

7. Allocation of costs based on CA Department of Finance Population Figures - January 1, 2020.

1. Total Stormwater Utility Assessment (SUA) revenue based on FY 2021/22. SUA revenue may increase annually due to new development activity.

Proposed
FY 16/17 Net Budget FY 17/18 Net Budget FY 18/19 Net Budget FY 19/20 Net Budget FY 20/21 Net Budget FY 21/22 Budget Cap FY 22/23 Budget Cap FY 23/24 Budget Cap $3,499,213 $3,473,097 $3,500,000 $3,500,000 $3,500,000
FY 2023/24 Budget Policy Direction and Assumptions
Contra Costa Clean Water Program
Stormwater Utility Assessment (SUA) Revenue, Cost Allocations, and SUA Revenue Return-to-Source (RTS) Percentages (Created 2/2/2023)
Stormwater Utility Assessment
(SUA) Revenue1 (FY 2021/22)
Adopted
$2,625,516 $3,053,432 $3,085,545
Attachment 2
Agenda Packet Page 273 of 401
City/County/State January 1, 2021 January 1, 2022(1) Percent Prorata % of SUA Budget (3) Change Program (2) Allocation
CONTRA COSTA COUNTY 1,161,324 1,156,555 -0.41% $ 3,500,000 ANTIOCH 115,142 115,074 -0.06% 9.95% $ 348,240
BRENTWOOD 64,224 64,342 0.18% 5.56% $ 194,714
CLAYTON 10,964 10,863 -0.92% 0.94% $ 32,874
CONCORD 124,755 123,634 -0.90% 10.69% $ 374,145
DANVILLE 43,373 43,352 -0.05% 3.75% $ 131,193
EL CERRITO 25,671 25,650 -0.08% 2.22% $ 77,623
HERCULES 26,357 26,091 -1.01% 2.26% $ 78,957
LAFAYETTE 25,217 25,064 -0.61% 2.17% $ 75,849
MARTINEZ 37,195 36,908 -0.77% 3.19% $ 111,692
MORAGA 17,206 17,105 -0.59% 1.48% $ 51,764
OAKLEY 43,627 44,533 2.08% 3.85% $ 134,767
ORINDA 19,496 19,478 -0.09% 1.68% $ 58,945
PINOLE 18,819 18,628 -1.01% 1.61% $ 56,373
PITTSBURG 75,788 75,156 -0.83% 6.50% $ 227,439
PLEASANT HILL 34,335 34,026 -0.90% 2.94% $ 102,970
RICHMOND 114,643 114,489 -0.13% 9.90% $ 346,470
SAN PABLO 31,793 31,510 -0.89% 2.72% $ 95,356
SAN RAMON 84,226 83,820 -0.48% 7.25% $ 253,658
WALNUT CREEK 70,566 69,891 -0.96% 6.04% $ 211,506
UNINCORP. COUNTY 177,927 176,941 -0.55% 15.30% $ 535,464 100.00% $ 3,500,000

1. Population estimate based on State of California Department of Finance (E-1) City/County projections- January 1, 2023.

Figures are updated in May of each year.

2. Percentages based on prorata of population.

3. SUA funds allocated for budget purposes, which by policy is set at $3.5M

CONTRA COSTA CLEAN WATER PROGRAM

GROUP COSTS METHODOLOGY & ALLOCATION
FOR FISCAL YEAR 2023/24
Attachment 3
Agenda Packet Page 274 of 401
TO: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF CONTRA COSTA

COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: June 22, 1993
SUBJECT: CHIEF ENGINEER'S REPORT ON FORMATION OF STORMWATER UTILITY AREAS AND

ADOPTION OF ANNUAL ASSESSMENTS

SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. Recommended Action:

1. ACCEPT Chief Engineer's report on the tabulation of the protests against the proposed Stormwater Utility Assessments;

2. FIND that the number of protests received for each Stormwater Utility Area represent less than fifty (50) percent of the area;

3. DETERMINE the formation of the Stormwater Utility Areas is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) Article 5, CEQA Guidelines. DIRECT the Community Development Director to file a notice of Exemption.

4. APPROVE the resolutions establishing the seventeen (17) Stormwater Utility Areas; and

5. ADOPT the Ordinance establishing Stormwater Utility Assessments in the seventeen (17) Stormwater Utility Areas with the stipulation that the Equivalent Runoff Unit (ERU) rate for the unincorporated County area shall be $16.20 for Fiscal Year 1993-94 (a ten percent reduction from the proposed rate of $18/ERU.)
Continued on Attachment:_X_ SIGNATURE'~ RECOMMENDATION OF COUNTY ADMINISTRATOR

RECOMMENDATION OF BOARD COMMITIEE

APPROVE OTHER
SIGNATURE(S):

ACTION OF BOARD ON JUN 2 2 1993 APPROVED AS RECOMMENDED -Jl- OTHER _

VOTE OF SUPERVISORS
.. -L UNANIMOUS (ABSENT _____ ---'
AYES: NOES: ____ _
ABSENT: ABSTAIN: ___ _
MFK:Iv:fp:sJ
c;NPDES\22,\6
Olig, Div:

Contact:
cc:

Public Works (FC)
MiHon Kubicek. 313-2203
County Administrator
County Auditor
County Counsel
PW • Flood Control
I hereby certify that this I, • true and correct copy,. an action laken and entered on the minutes 01 the Board 01 Supem on the date Ihown.

AmSTED: 2 2 1993
PHil BATCHELOR. Clerk 01 the Board
of Supervlsore and 2=ttator
By ,. f3af,~ ~ ,Otputy
Attachment 4
Agenda Packet Page 275 of 401
Formation of Stormwater Utility Areas
and Adoption of Annual Assessments
June 22, 1993
Page -2-
II. Financial Impact:

The proposed Stormwater Utility Assessments will raise approximately $8,052,900 to fund the National Pollutant Discharge Elimination System (NPDES) permit activities including drainage system maintenance for the following cities and unincorporated Contra Costa County areas:

Antioch
Clayton
Concord
Danville
EI Cerrito
Hercules
Lafayette
Martinez
Moraga
Orinda
Pinole
Pittsburg
III. Reasons for Recommendations and Background:

Pleasant Hill
San Pablo
San Ramon
Walnut Creek
Contra Costa County, its incorporated cities and the Contra Costa County Flood Control and Water Conservation District decided approximately two years ago to collectively apply for a Joint Municipal National Pollutant Discharge Elimination System (NPDES) Permit. This is federally mandated through the Clean Water Act which was amended in 1987 to specifically address stormwater pollution. There are three parts to the Permit. The Part I Application representing reconnaissance level activities by each municipality was submitted to the San Francisco Bay and Central Valley Regional Water Quality Control Boards on May 18, 1992.

The Part II Application represented the development of each municipality's Stormwater Management Plan which was submitted to the Regional Boards on May 17, 1993. The Stormwater Management Plan seeks to reduce or radically eliminate pollutants from entering or reaching the storm sewer system. The third phase of the process is the actual promulgation of the Permit.

The Permit is for five years (1993 to 1998) requiring each municipality to implement their approved Stormwater Management Plan. The Regional Boards have indicated the need for a "restricted" funding source to finance implementation costs. Therefore, Contra Costa County proposed legislation providing a financing option for municipalities to use through the Contra Costa County Flood Control and Water Conservation District. The bill, AB 2768 (Campbell), was passed by the legislature and signed by Governor Pete Wilson on August 30, 1992. The legislation specifically allows a municipality to request formation of a Stormwater Utility Area within their incorporated boundaries and establish an assessment to pay for implementation costs.

The Board of Supervisors, acting as the Contra Costa County Flood Control and Water Conservation District, provided public notice to all affected property owners before conSidering the establishment of the Stormwater Utility Areas and assessments. The Board of Supervisors acting on behalf of Contra Costa County has also taken specific actions establishing the Stormwater Utility Area and assessment for the unincorporated portion of the County. Should there be a fifty percent (50%) protest against the Storm water Utility Areas formations and assessments, the Board of Supervisors would have to abandon this form of financing. Due to the inability to create any new assessments for the 1993-94 Fiscal Year, the likely alternative funding source would be the General Fund.

Public n9tices were sent to approximately 238,234 parcel owners. State legislation (SB 1977 - Bergeson) requires at least 45 day notice to parcel owners before the governing board considers any new or increased assessments. This requirement was met and informed parcel owners of two public hearings which were held on June 10 and 15, 1993. Approximately 28,170 recorded protests have been received. This represents approximately 11.8% of the total number of parcel owners who received public notices. The recorded protest includes those legally acceptable and those that appear acceptable but presently are questionable.

The reason this figure is used is to provide a ''worse case" scenario to the Board of Supervisors regarding the amount of protests per stormwater utility area. A copy of all written protests ar& rel"illtld in tile office of the Contra Costa County Clerk of the Board located at 651 Pine Street, Martinez, California. A majority protest by the owners of more than 50% in area of the territories to be included in the stormwater utility area would cause the assessment to be abandoned for that particular area. This has not occurred. The following two charts highlight the total "assessable" and "total" area per stormwater utility area:

Agenda Packet Page 276 of 401
Formation of Stormwater Utility Areas
and Adoption of Annual Assessments
June 22, 1993
P::lge -::lTax Rate Area Area Protested
01 City of Antioch 806
02 City of Concord 1,278
03 City of EI Cerrito 150
04 City of Hercules 165
05 City of Martinez 703
06 City of Pinole 191
07 City of Pittsburg 775
09 City of Walnut Creek 785
11 City of San Pablo 194
12 City of Pleasant Hill 419
13 City of Clayton 138
14 City of Lafayette 587
15 Town of Moraga 599
16 Town of Danville 501
17 City of San Ramon 577
18 City of Orinda 361
50 Unincorporated County 5,358
Tax Rate Area Area Protested
01 City of Antioch 806
02 City of Concord 1,278
03 City of El Cerrito 150
04 City of Hercules 165
05 City of Martinez 703
06 City of Pinole 191
07 City of Pittsburg 775
09 City of Walnut Creek 785
11 City of San Pablo 194
12 City of Pleasant Hill 419
13 City of Clayton 138
14 City of Lafayette 587
15 Town of Moraga 599
16 Town of Danville 501
17 City of San Ramon 577
18 City of Orinda 361
50 Unincorporated County 5,358
Total Assessable Percentage'
Area
5,542 14.5
8,235 15.5
1,801 8.3
1,380 12.0
3,392 20.7
1,570 12.2
3,964 19.5
5,979 13.1
1,408 13.8
2,830 14.8
1,307 10.5
4,833 12.1
2,386 25.1
4,548 11.0
3,677 15.7
3,440 10.5
31,050 17.2
Total Area Percentage'
18,000 4.4
14,954 8.5
2,706 5.5
4,115 4.0
7,196 9.7
3,105 6.1
10,221 7.5
14,511 5.4
1,711 11.3
3,708 11.3
3,185 4.3
9,583 6.1
9,579 6.2
11,037 4.5
9,351 6.1
10,521 3.4
417,315 1.2
Agenda Packet Page 277 of 401
Formation of Stormwater Utility Areas
and Adoption of Annual Assessments
June 22, 1993
Page -4-
The "total assessable area" provides the worse case scenario for determining if a majority protest exists. Based on these amounts, a majority protest does not exist for any stormwater utility area.

The process used to record protests included a specific database based on the 1992 equalized tax roll indicating parcel ownership, address, notification address, acreage, land use, proposed assessment, etc. Two "hotlines" were established so the general public could have immediate access to information. During the ten weeks b.etween mailing of the public notices and the June 15th public hearing, approximately 500 telephone call were received. Two trained operators were able to handle the majority of the problems. Questions that were encountered were based primarily on the accuracy of the Land Information and the Public Works Automated Mapping Systems. These included problems dealing with parcel ownership, acreage of the parcel and the appropriate land use. Should the Board of Supervisors approve the Stormwater Utility Areas and Assessments than field inspection activities would immediately commence. All known problems will be reviewed and corrections made prior to the promulgation of the assessments for the 1993-94 Fiscal Year. Specific problems pertaining to reclamation districts, the OakleyKnightsen area and St. Mary's College will be resolved prior to this promulgation.

IV. Consequences of Negative Action:

The Environmental Protection Agency promulgated the National Pollutant Discharge Elimination Discharge System (NPDES) Permit Application Regulations for stormwater discharges on November 16, 1990 (40 CFR Parts 122, 123 and 124). Contra Costa County and the City of Concord were specifically identified in the Federal Register as needing a Municipal NPDES Permit. The legislation also permitted the State of California to make a finding if stormwater discharge was a "". significant contributor of pollutants to the waters of the United States" then these municipalities would also need to obtain a Municipal NPDES Permit. Such a finding was made requiring all municipalities within the San Francisco Bay Regional Water Quality Control Board's jurisdiction in Contra Costa County to obtain Municipal NPDES Permits.

All affected municipalities excluding the City of Richmond have opted to utilize the financing method contained in Assembly Bill 2768 (Campbell). This means each municipality is specifically requesting the formation of a Stormwater Utility Area within their incorporated boundaries, have established an assessment for Fiscal Year 1993-94 and set a maximum rate of assessment.

Should the Board of Supervisors acting as the Contra Costa County Flood Control and Water Conservation District fail to proceed with this assessment, then it would create immediate financial chaos. All participating municipalities are expecting the Board of Supervisors to approve the formation of Stormwater Utility Areas and assessments if a majority protest does not materialize. If the AB 2768 financing mechanism is not implemented, then municipalities would need to resort to general revenue financing. This would further exasperate the financial dilemma all municipalities are facing with cut-backs from the State to local governments.

Agenda Packet Page 278 of 401
ORDINANCE NO. 93-47

AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT I
IMPOSING STORM WATER UTlUTY ASSESSMENTS FOR
STORMWATER UTlUTY AREAS: .
1-(Antioch). 2-(Clayton). 3-(Concord). 4-(Danville). 5-(8 Cerrito). 6-(Hercules). 7-(Lafayette). 8-(Martinez). 9-(Moraga), 1O-(Orinda). 11-(Pinole). 12-(Pittsburg). 13-(Pleasant HilQ. 14-(San Pablo), 15-(San Ramon), 16-(Walnut Creek), and 17-(Unincorporated County) The Board of Supervisors of Contra Costa County, acting as the governing board of the COntra Costa County Flood Control and Water Conservation District. ordains as follows:

ARTICLE I
Section 1. Title.

This Ordinance shall be known as the IIStormwater Utility Assessment Ordinancell of the Contra Costa County Flood Control and Water Conservation District.

Section 2. Purpose.

The United States Environmental Protection Agency (the ClEPA,,) has, consistent with Section 402 of the Federal Clean Water Act, as amended, promulgated the National Pollutant Discharge Elimination System Regulations (the IINPDES Regulations'~ pursuant to which the EPA, through the appropriate California Regional Water Quality Control Board (the "CAWQCB'~. has required the Contra Costa County Flood Control and Water Conservation District (the "Districf? and other affected public entities to secure a National Pollutant Discharge Elimination System Stormwater Permit (the "NPDES Permif? and to develop. implement and manage identified programs dealing with stqrmwater runoff. The parcels c;>f land within the respective watersheds within the District's jurisdiction for which a NPDES Permit is required will benefit from these programs. Further, the local drainage" facilities falling under the NPDES program requires routine maintenance if they are to continue to serve the developed areas for which they were installed. Collectively, these .' two activities, NPDES and general drainage maintenance, represent the city's and County's stormwater management Programs. The Board of Supervisors of the District has determined, pursuant to the Contra Costa County Flood Control and· Water Conservation Act (the "District Acf~, which is Chapter 63, Section 12.8, as amended, of the California Water Code Appendix, to form certain Stormwater Utility Areas in which the ORDINANCE NO. 93-47
1 Agenda Packet Page 279 of 401
District will annually levy assessments to pay the cost of these programs required by the NPDES Permit. The Board of Supervisors of the District, consistent with Sections 11 and

12.8 of the District Act and Section 54954.6 of the Government Code, held noticed public hearings at which time all testimony, oral and written, was considered. At the conclusion of the public hearings, the Board of Supervisors of the District adopted resolutions forming the Stormwater Utility Areas. The provisions of this Ordinance confirming the formation of the Stormwater Utility Areas and providing for the annual levy of a Utility Assessment are consistent with the District Act and the reports prepared by the Chief Engineer of the District and accepted by the Board of Supervisors' of ,the District.

The Board of Supervisors of the District finds that the Utility Assessment to be annually levied shall be based on the proportional amount of impervious surface on each lot or Parcel within the Stormwater Utility Area. Revenues derived from the Utility Assessments shall be applied exc!usiv~1y to pay the District's administrative costs in collecting the assessments and the respective city or County stormwater management Program costs for the Stormwater Utility Area in which they are collected.

ARllCLE 11
'DEFINmONS
Unless otherwise specifically provided or required by the context, certain terms or expressions used herein have the meanings set forth below:
a. "Board of Supervisors" means the Board of Supervisors of the Contra Costa County Flood Control and Water Conservation District.
b. t4Chief Engineer' means the Chief Engineer of the Contra Costa County Flood Control and Water Conservation District.
c. "County" means the County of Contra Costa, State of California. d. "CRWQCS" means the California Regional Water Quality Control Board for the region in which the Stormwater Utility Area has been formed. e. "District" means the Contra Costa County Flood Control and Water Conservation District.
" 1. "District Act:' means the Contra Costa County Flood Control and Water Conservation District Act, which is codified in West's California Water Code Appendix, Chapter 63, as amended from time to time.

ORDINANCE NO. 93-47
2 , ~.
:

Agenda Packet Page 280 of 401
g. "EPA" means the United States Environmental Protection Agency, which pursuant to the Clean Water Act of 1972, as amended by the Water Quality Act of 1987, has jurisdiction to establish the National Pollutant Discharge Elimination System (NPOES) and promulgate regulations pursuant thereto.
h. "NPOES Permit' means the permit. issued by the CRWQCB, dealing with stormwater runoff in association with the National Pollutant Discharge Elimination System (NPDES) and the regulations promulgated by the EPA i. tlNPDES Regulations" means the final regulations dated November 16. 1990, and any subsequent amendments thereto promulgated by the EPA governing the National Pollutant Discharge Elimination System (NPDES). - j. "Ordinance" means this Ordinance No. 93-47 of the Contra Costa County Flood Control and Water Conservation District.
k. "Parcelll means a parcel of property identified by Assessor parcel number as shown on the equalized tax rolls of the County of Contra Costa, State of California.

I. "Program" means all the activities required under or in connection with the NPDES Permit. including without .limitation drainage system maintenance and Program administration.
m. "Stormwater Utility Area" means a benefit assessment area formed pursuant to Section 12.8 of the District Act by the Board of Supervisors and identified in Article III of this Ordinance. -~
n. "Utility Assessmenf' means the annual assessment to be levied on each Parcel within a Stormwater Utility Area pursuant to Article V of this Ordinance.

ARTICLE 11/

FORMATION OF STORMWATER UTIUTY AREAS
Section 1. Formation of Stormwater Utility Areas.

Pursuant to Sections 11 and 12.8 of the District Act and Section 54954.6 of the Government Code. the Board of Supervisors noticed public hearings to consider the establishment of individual Stormwater Utility Areas for each of the 16 cities and the unincorporated County area to fund Program costs. At the conclusion of the hearings, the Board of Supervisors adopted Resolutions Nos. 93/352. 93/353. 93/354, 93/355. 93/356, 93/357, 93/358.93/359,93/360,93/361,93/362,93/363,93/364,93/365,93/366, 93/367, and 93/368, which formed, respectively, Stormwater UtilITy Areas 1-(Antioch), 2- ORDINANCE NO. 93-47
3 Agenda Packet Page 281 of 401
(Clayton), 3-( Concord), 4-(Oanville), 5-(EI Cerrito), 6-(Hercules), 7 -(Lafayette), 8-(Martinez), 9-(Moraga), 1 O-(Orinda), 11-(Pinole), 12-(Pittsburg), 13-(Pleasant Hill), 14-(San Pablo), 15- (San Ramon), 16-(Walnut Creek), and 17-(Unincorporated County). The legal boundary of each Stormwater' Utility Area shall be congruent with the legal boundary of the associated city or County entity as of July 1 st of each year in which a Utility Assessment is levied.

Section 2. AddITional Stormwater Utility Areas.

The District may form additional Stormwater Utilrty Areas, if requested by resolution of the governing board of the area to be formed. To form an additional Stormwater Utility Area, the District shall comply with provisions of the District Act then governing the' formation of a Stormwater Utility Area.

ARTICLE N
REPORT OF CHIEF ENGINEER; HEARING THEREON;

CONFIRMATION OF UTILITY ASSESSMENT BY THE

BOARD OF SUPERVISORS
Section 1. Report.

The Chief Engineer shall cause to be prepared annually a written report indicating, for each Stormwater Utility Area, the Utility Assessment to be levied. as requested by the city or County governing board having jurisdiction over the area defined by the Stormwawr= Utilrty Area and shaH file the report with the Clerk of the Board of Supervisors.

Section 2. Content of the Report.

The report shall contain the District's estimate of its administrative costs and the Program costs for the respective city or County agency for each of the Stormwater Utility Areas for the ensuing fiscal year. Said estimate of costs shall be apportioned to each Parcel on the basis of proportionate impervious surface assignable to each Parcel to be assessed.

Only Parcels not otherwise exempted by this Ordinance or the NPDES Regulations shall have a Utility Assessment levied on them. The report shall identify all Parcels by Assessor parcel number on which a Utilrty Assessment is to be levied and the amount of the assessment.

Section 3. Resolution Accepting Report and Noticing Public Hearing.

Upon the report being filed with the Clerk of the Board of Supervisors, the Board of Supervisors is, by resolution, to accept. if appropriate. the report and to set a date, time ORDINANCE NO. 93-47
4 Agenda Packet Page 282 of 401
and place for a hearing on said report. Notice of the hearing date shall be given as required by applicable law.

Section 4. Hearing.

The Board of Supervisors shall hear the matter on the date and at the time specified in the notice, or as continued for good cause. At the hearing, the Board of Supervisors shall hear and consider a" testimony, oral and written, presented, including all written protests. At the conclusion of the hearing, the Board of Supervisors may revise, change, reduce or modify any Utility Assessment and shall determine an appropriate rate for each Stormwater Utility Area identified in the report. Thereafter, by resolution, it shall confirm the assessments. Such confirming resolutions shall be adopted no later than August 10 of each fiscal year in which the Utility Assessment is to be levied and collected.

Section 5. Enrollment.

The District shall provide certified copies of the confirming resolutions and the roll of confirmed Utility Assessments, in an acceptable format, to the Auditor-Controller of the County on or before August 10 of each fiscal year.

ARTICLE V

LEVY OF UTILITY ASSESSMENT
Section 1. Determination of the Amount to Be Assessed.

The District shall estimate, for the fiscal year in which the Utility Assessment is to be levied, the total number of Equivalent Runoff Uni(s and the administrative costs for each Stormwater Utility Area. The administrative costs shall be combined with the costs of implementing the city or County Program for the various Stormwater Utility Areas. This total cost is to be apportioned among the Parcels within each respective Stormwater Utility Area in direct proportion to the number of Equivalent Runoff Units assigned to each Parcel. The Utility Assessment levied and collected WIThin each Stormwater Utility Area may only be applied toward the costs incurred for Program costs for the Stormwater Utility Area. tt, at the conclusion of any fiscal year, there remains in the account for a Stormwater Utility Area unexpended funds, the remaining balance shall be applied toward the estimated costs for the next fiscal year. Utility Assessments levied and collected pursuant to this Ordinance may not be applied toward any other costs or expenses of the District or the dty or County receMng funds from the Stormwater Utility Area nor may they be applied to the costs of a Stormwater Utility Area other than the Stormwater Utility Area for which they were levied and collected.

ORDINANCE NO. 93-47
5 Agenda Packet Page 283 of 401
Section 2. Determination of Equivalent Runoff Unit and Amount of Utilfty Assessment to Be Levied.
a. Equivalent Runoff Unit. The Chief Engineer has submitted a report entitled "Report on Stormwater Utility Assessmenf' and dated March 1993. The report establishes standard impervious surface amounts for various land uses and Parcel sizes and establishes Equivalent Runoff Units (ERUs) for each type of land use. The report and the standard amounts specified therein are adopted by the Board and are incorporated herein by reference. The standard against which all property is to be measured shall be a Single-family residential Parcel of 8,900 square feet in size to which a standard of 3,300 square feet of impervious surface is ascribed and shall be called a Equivalent Runoff Unit (ERU). All other land uses shall be Compared to this standard and the number of Equivalent Runoff Units assigned to the Parcel shall be in direct proportion to 3,300 square feet of impervious surface (SFIS). The number of Equivalent Runoff Units per Parcel for each of the classes listed in subsection (b) below are as follows: .:

Group A 1.0 ERU/unit Group G 7 ERU/acre
Group 8 .7 ERU/unit Group H 9 ERU/acre
Group C 1.7 ERU/unit Group I 10 ERU/acre
Group 0 .2 ERU/acre Group J 12 ERU/acre
Group E 1.5 ERU/acre Group K 1 ERU/3,300 SFIS
Group F 4.5 ERU/acre Group L Exempt
b. Classification of Parcels. All Parcels shall be assigned to one of the following classifications based on land use: . ..-.-,.""
Group A: Single family residential on a Parcel having an area between 5,000 square feet and 20,000 square feet.

Group 8: Single family residential on a Parcel having an area less than 5,000 square feet and all multiple family residential Parcels.

Group C: -Single family residential on a Parcel having an area greater than 20,000 square feet. .

Group 0: Golf courses and cemeteries.

Group E: Miscellaneous improvements creating less than 25 percent impervious surfaces by Parcel area.

Group F: Miscellaneous improvements creating between 25 percent and 50 percent impervious surfaces by Parcel area.

ORDINANCE NO. 93-47
6 Agenda Packet Page 284 of 401
-/
Group G: Community centers, churches, schools and cultural facilities.

Group H: Office buildings, medical-dental offices, financial buildings, research and development offices, miscellaneous industrial improvements, convalescent hospitals and rest homes, mortuaries, fraternal and service organization buildings, retirement housing complex.

Group I: Hotels, motels, and mobile home parks.

Group J: Mini warehOUSes, industrial parks, light industrial parks, heavy industry, utility properties (corporation yards), bowling alleys, theaters, restaurants, car lots, hospitals, convenience markets, supermarkets, shopping centers, drive-in restaurants, parking facilities, service stations and car washes.

Group K: Boat marinas, partially developed properties.

Group L: Vacant land, agricultural land, and govemment-owned properties used for public purposes.
c. Exempted Land Uses. All land uses expressly exempted by the NPDES Regulations will be exempted from the levy of a Utility A$sessment pursuant to this Ordinance. Those land uses exempted are:
(1) Agricultural uses, including dairies, poultry, livestock, groves, orchards, row crops, field crops, vines or dry farming. .---=-
(2) Vacant, undeveloped Parcels.
(3) Publicly-owned Parcels which are Parcels owned by a federal, state or local public entity or agency and used for public purposes.
d.. Determination of Equivalent Runoff Units Per Parcel. Once a Parcel is classified and its acreage or number of units is determined, the appropriate standard Equivalent Runoff Unit amount for the classification will be multiplied by the acreage or the number of units to determine the total Equivalent Runoff Units for the Parcel.
e. Determination of Utility Assessment to Be Levied Per Equivalent Runoff Unit. The aggregate number of Equivalent Runoff Units within a Stormwater Utility Area will be divided into the estimated Program costs for the Stormwater Utility Area to determine the amount of Utility Assessment to be levied per Equivalent Runoff Unit.

The Utility Assessment to be levied on a Parcel is determined by the number of Equivalent Runoff Units ascribed to ~he Parcel and the assessment value of each unit.

ORDINANCE NO. 93-47
7 Agenda Packet Page 285 of 401
f. Maximum Utility Assessment to Be Levied Per Equivalent Runoff Unit. The Board hereby adopts the following maximum amounts of annual Utility Assessment per Equivalent Runoff Unit that can be levied without further individual Parcel owner notmcation for each of the following Stormwater Utility Areas:
1-(Antioch) $25.00 10-(Orinda) $35.00
2-(Clayton) $29.00 11-(Pinole) $35.00
3-(Concord) $35.00 12-(Pittsburg) $30.00
4-(Oanville) $30.00 13-(Pleasant Hill) $30.00
5-(EI Cerrito) $38.00 14-(San Pablo) $45.00
6-(Hercules) $35.00 15-(San Ramon) $35.00
7 -(Lafayette) $35.00 16-(Walnut Creek) $35.00
8-(Martinez) $30.00 17 -(Unincorporated
9-(Moraga) $35.00 County) $30.00
g. Utility Assessment to Be Levied for Fjscal Year 1993-94. The Utility Assessment to be levied per Parcel in Fiscal Year 1993-94 in the various Stormwater Utility Areas shall be based on the assigned dollar amount for a single Equivalent Runoff Unit as indicated below:
1-(Antioch) $20.00 10-(Orinda) $23.00
2-(Clayton) $23.00 11-(Pinole) $29.40
3-(Concord) $26.00 12-{Pittsburg) $24.00
4-(Oanville) $22.00 13-(Pleasant Hill) $25.00
5-(EI Cerrito) $14.00 14-(San Pablo) $33.00
6-(Hercules) $26.00 15-(San Ramon) $23.00 .~-
7 -(Lafayette) $15.00 16-(Walnut Creek) $27.50
8-(Martinez) $20.00 17 -(Unincorporated
9-(Moraga) $25.00 County) $16.20
ARllCLE VI

COLLECTION OF UTILITY ASSESSMENT
Section 1. Collection by Treasurerrrax Collector.

The confirmed Utility Assessment for each Parcel shall appear as a separate item on the tax bill issued by the Treasurer!Tax Collector of the County. The Utility Assessment shall .' be levied and collected at the same time and in the same manner as the general ad valorem property taxes and shall be subject to the same penalties and the same procedures for sale in case of delinquency. tt, for the first year the Utility Assessment is levied, the property on which the Utility Assessment is levied has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for ORDINANCE NO. 93-47
8 Agenda Packet Page 286 of 401
value has been created and attached thereon, prior to the date on which the first installment of ad valorem property taxes would become delinquent, the Utility Assessment shall not result in a lien against the real property but shall be transferred to the unsecured roll.

Section 2. Applicable Law.

All laws applicable to the levy, collection and enforcement of ad valorem property taxes shall be applicable to Utility Assessments, except as otherwise provided herein.

Section 3. - Validity of Utility Assessment Not Affected by Time Umits.

Failure to meet the time limits set forth in this Ordinance for whatever reason shall not invalidate any Utility Assessment levied hereunder.

ARTICLE VII

CORRECTION OR CHANGE TO THE TAX ROLL
Section 1. Initiation of the Correction or Change.

A correction or change to the tax roll with respect to a Utility Assessment may be made by the Chief Engineer, either on his/her own initiative, or on application by a property . owner (the "Assessee'1. .~
Section 2. Initiation by Flood Control Engineer.

The Chief Engineer may initiate a correction or change to the tax roll at any time within -two (2) years of the date of the resolution or ordinance of the Board of Supervisors confirming Utility Assessments placed upon the tax roll.

Section 3. Initiation by the Assessee.

The Assessee may initiate a correction or change to the tax roll by filing a written application with the Chief Engineer within sixty (60) days following his/her receipt of the tax bill reflecting the Utility Assessment. The application shall contain or include the following information, together with such additional information deemed relevant by the Assessee or requested by the Chief Engineer:
a. Assessor parcel number. •
b. Gross acreage. //i (e·.·
c. Use of property as of the preceding MarcFr'"1.
d. Copy of the tax bill containing the benefit assessment.

ORDINANCE NO. 93--47
Agenda Packet Page 287 of 401
9 e. Basis for requested correction or change.

Section 4. Categories of Corrections or Changes.

Upon approval of the Chief Engineer, corrections or changes shall be made with respect to:
a. Ownership of a Parcel;
b. Address of an owner of a Parcel;
c. Subdivision of an existing Parcel;
d. Land use category of all or part of a Parcel;
e. Computation of the area of a Parcel;
f. Erroneous computation of the Utility Assessment.

Corrections to the tax roll shall not be valid unless and until approved by the Board of Supervisors. All corrections or changes must be reported by the Chief Engineer to the Auditor-Controller of the County, who shall (1) refund the amount of the assessment overcharge by check without amendment of the bill if the amount of overcharge is less than one hundred dollars, or (2) prepare an amended billing to correct the overcharge, as the case may be. The Chief Engineer shall gtve written notice to the Assessee of the action taken on the application.
tf the Assessee disagrees with the Chief Engineer's determination, he/she may file an appeal with the Stormwater Utility Assessment Appeal Board within thirty (30) days after receipt of the written notice. The appeal shall be initiated by a written letter submitted to' the Stormwater Utility Assessment Appeal Board, c/o the Chief Engineer for refund oMill~ or part of the Stormwater Utility Assessment. The Stormwater Utility Assessment Appeal Board shall contain at least three members and shall be appointed by the Board of Supervisors.

If the Assessee disagrees with the Stormwater Utility Assessment Appeal Board's determination, he/she may file an appeal with the Board of Supervisors within thirty (30) days after receipt of the written notice. The appeal shall be initiated by a written application filed with the Clerk of the Board of Supervisors for refund of all or part of the Utility Assessment. The application shall include payment of a one hundred dollar appeal fee which shall be returned if the Assessee's appeal is upheld by the Board. The decision of the Board of Supervisors shall be final and shall complete the administrative process. Any further action by the Assessee for recovery of any part of the Utility Assessment shall be by complaint for refund filed in the Superior Court.

ORDINANCE NO. 93-47
10 Agenda Packet Page 288 of 401
-: " ~

ARTICLE VIII

EFFECTIVE DATE OF ORDINANCE
This Ordinance shall become effective thirty (30) days after passage. and within fifteen (15) days of passage, shall be published once with the names of the Supervisors voting for and against it in the Contra Costa limes, a newspaper of general circulation published in this County.

PASSED and ADOPTED on June 22, 1993 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Supervisors Powers, Smith, Bishop, MCPeak and Torlakson None
None
None
Attest: Phil Batchelor, Clerk of the Board
of Supervisors and County Administrator
MFK:tv:drg
a: npdes\ord inance
(June 22, 1993)
Board Chair
ORDINANCE NO. 93-47
11 Agenda Packet Page 289 of 401

AGENDA BILL
Agenda Item No. 7.I.

Date: March 21, 2023
To: El Cerrito City Council
From: Christopher Jones, Recreation Director, Recreation Department Subject: Amendment to Custodial Services Agreement with Universal Building Services

ACTION PROPOSED
Adopt a resolution authorizing the City Manager to extend the Recreation Department's custodial services agreement with Universal Building Services through the remainder of fiscal year (FY) 2022-23 for a total amount not to exceed $95,000.

BACKGROUND/ANALYSIS
On February 1, 2022, the City entered into a custodial services agreement with Universal Building Services (UBS) to provide temporary custodial services at City Hall, the Corporation Yard, the Recycling Center and the Swim Center due to the last minute resignation of one of the City's Custodians. The agreement, which is managed and funded by the Recreation Department, was subsequently extended with City Council approval on April 21, 2022. UBS was already performing custodial services at the El Cerrito Library in a satisfactory manner. Utilizing UBS at the additional City facilities for the City's temporary needs instead of issuing a Request for Proposal (RFP) for custodial services allowed the City to maintain and continue critical cleaning and disinfecting needs, without interruption, during the COVID-19 pandemic. In addition to custodial services, the City also purchases cleaning supplies from UBS for City parks, the El Cerrito Library, and the three fire stations within El Cerrito and Kensington.

The City is currently developing a Classification and Compensation Plan that should be completed in late summer or early fall of 2023. City staff believes that it would be beneficial and provide greater flexibility for City operations to wait for the conclusion of the study before filling the current vacancy as roles and responsibilities could change based on the plan's recommendations. This concept was discussed with SEIU 1021 during a Union Management Meeting (UMAT) and no objections were raised.

Pursuant to Resolution 2017-71A, services and purchases made from a single vendor (either individually or collectively within one fiscal year) over $45,000 requires City Council approval. The cost of extending the Recreation Department's custodial services agreement with UBS through the end of Fiscal Year 2022-23 is $35,000, for a projected annual cost of $66,837. Additionally, the purchasing of custodial services and supplies by other City Departments is projected to be an amount not to exceed $28,163 by the end of the fiscal year. In total, Citywide expenditures by UBS are projected to be an amount not to exceed $95,000, which goes beyond the City Manager's spending authority of $45,000 by $50,000. The cost of this increase will be paid for with salary savings from the currently funded and vacant custodial position in the Recreation Agenda Packet Page 290 of 401
Agenda Item No. 7.I.

Department.

The breakdown of projected costs of services and supplies is detailed in Table 1 below:

TABLE 1 - FY2022-23 PROJECTED CITYWIDE UBS EXPENDITURES Citywide Service/Supplies Purchases Amount
Recreation Department UBS Expenditures
Recreation Dept. Contracted Custodial Services, July - December 2022 (City Hall, Corporation Yard, Recycling Center, Swim Center & Special Projects) $31,837
Projected Additional Recreation Dept. Contracted Custodial Services, January - June 2023
$35,000
Projected Total Recreation Dept. UBS Services, Fiscal Year 2022-23 $66,837 Other City Departments' UBS Expenditures
Annual Library Custodial Services (Public Works Dept.) $11,334 Projected Annual Parks and Library Supplies (Public Works Dept.) $5,500 Projected Annual Fire Stations Supplies (Fire Dept.) $7,000 Additional Supplies or Services (Contingency) $4,329
Projected Other City Dept. Contracted UBS Services & Supplies, Fiscal Year 2022-23
$28,163
Projected Citywide Total UBS Services & Supplies For FY23 $95,000

STRATEGIC PLAN CONSIDERATIONS
This item is consistent with Strategic Plan Goal A: Deliver exemplary government services.

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

FINANCIAL CONSIDERATIONS
The cost for this request is covered by existing salary savings in the Recreation Department's current fiscal year budget. No amendments to the budget are required.

LEGAL CONSIDERATIONS
The City Attorney has reviewed the proposed action and found that legal considerations Agenda Packet Page 291 of 401
Agenda Item No. 7.I.
have been addressed.

Reviewed by:

Alexandra Orologas, Assistant City Manager
Attachments:

1. Resolution
Agenda Packet Page 292 of 401
RESOLUTION 2023-XX

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

THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CUSTODIAL

SERVICES AGREEMENT BETWEEN THE CITY OF EL CERRITO AND UNIVERSAL

BUILDING SERVICES FOR INCREASED SERVICES FOR A TOTAL AMOUNT NOT TO EXCEED $95,000 FOR ALL SERVICES AND SUPPLIES IN FISCAL YEAR 2022-23 WHEREAS, in February 2022 the City of El Cerrito entered into a custodial services agreement with Universal Building Services (UBS) to provide custodial services to maintain cleaning and disinfection services after the resignation of a City employee in the Recreation Department and the agreement was subsequently extended on April 21, 2022 with City Council approval; and
WHEREAS, UBS also provides custodial services at the El Cerrito Library and provides custodial supplies used in City parks, the library and at the 3 fire stations in El Cerrito and Kensington; and
WHEREAS, the custodial position remains vacant pending recommendations from the Classification and Compensation Study that is in progress; and WHEREAS, the cost for all services and supplies provided by UBS to the City are projected to be an additional $35,000 to cover the entire fiscal year for a total amount not to exceed $95,000 utilizing available funds in the City’s budget; and WHEREAS, pursuant to Resolution 2017-71A, total purchases from a single vendor exceeding $45,000 require City Council approval.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito authorizes the City Manager to execute an amendment to the custodial services agreement with Universal Building Services for an additional amount of $35,000 for a total amount of services and supplies from this vendor not to exceed $95,000 in Fiscal Year 2022-23.

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

I CERTIFY that at a regular meeting on March 21, 2023 the City Council of the City of El Cerrito passed this Resolution by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

AGENDA BILL
Agenda Item No. 7.J.

Date: March 21, 2023
To: El Cerrito City Council
From: Will Provost, Operations and Environmental Services Division Manager; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Subject: Amendment to Agreement with St. Francis Electric for Electrical Traffic Control Devices and Lighting Maintenance and Repair Services

ACTION PROPOSED
Adopt a resolution authorizing the City Manager to execute an amendment to the agreement with St. Francis Electric, for Electrical Traffic Control Devices and Lighting Maintenance and Repair Services, to increase the contract amount an additional $80,000 in fiscal year (FY) 2022-23 and, contingent upon funding being appropriated by the City Council next fiscal year, $55,000 in FY 2023-24, with the total compensation not to exceed $175,000 in FY 2022-23 and the total compensation not to exceed $150,000 in FY 2023-24.

BACKGROUND
The City is currently contracted with St. Francis Electric to provide maintenance and repair services for the City’s traffic signals, street lights, safety lighting, other electronic traffic control devices and lighting systems, and minor electrical items. The agreement with St. Francis Electric was approved by the City Council, effective January 1, 2022, for a period of three years, with an option to annually extend three years thereafter, for a cost not to exceed $80,000 in the remainder of FY 2021-22 and $95,000 per fiscal year thereafter, contingent upon funding being appropriated by the City Council in future City budgets (Resolution 2021-70). This followed a competitive Request for Proposals (RFP) process wherein St. Francis Electric emerged as the company that best fit the needs of the City among the four proposals received. St Francis Electric’s proposal provided all required services, offered the lowest cost for most items, and committed to improving service to the City beyond what were the current service levels.

Under the current agreement, St. Francis provides routine maintenance and repair services and emergency response for various equipment, including 12 traffic signals, 23 flashing beacons, in-pavement crosswalk lights or speed radar feedback signs, and over 300 street lights. In addition, they provide as-needed services for installation of new or upgraded electronic traffic control and lighting equipment, maintenance and repair services of indoor and outdoor lighting equipment for various City facilities, and other minor electrical work for various City facilities. St. Francis Electric also responds to the City’s Underground Service Alert (USA) requests and adequately locates and marks all electronic traffic control device and street light conduits and traffic signal interconnect/communication lines on behalf of the City, in accordance with California Agenda Packet Page 294 of 401
Agenda Item No. 7.J.

Government Code Section 4216 et seq. Municipalities and utility companies are responsible for locating and marking any of their underground utilities within the area of digging operations in response to USA requests. Marking of underground utility facilities is necessary to protect those who are excavating as well as to avoid damage to utilities.

The services provided by St. Francis Electric are critical services that are key to keeping the City’s streets and roads safe for travel, 24 hours a day, 365 days per year.

ANALYSIS
Prior to entering into the 2022 agreement, the City had been contracting for facility electrical services with different contractors on an as-needed basis and, similarly, the City had never previously contracted for USA Marking services. As shown in the table below, the costs for USA markings in particular exceeded the City’s estimate for the cost of completing those markings in compliance with California Government Code Section 4216 et seq. Simultaneously, the City has continued to experience a high number of streetlight knockdowns, with a replacement cost of more than $6,000 per pole. While the City has been successful at securing reimbursement from the drivers’ insurance in many cases, the repair still requires an expenditure, including contract authority to make that expenditure. Altogether, City Staff estimate that St. Francis Electric will be needed to provide these critical services with an estimated total annual cost of $175,000 in FY 2022-23 and $150,000 in FY 2023-24.

Item/Fund Source
Estimated
Annual Cost in
FY23
(Dec. 2021)
Estimated
Annual
Cost in
FY23
(Updated
Mar. 2023)
Estimated
Annual
Cost in
FY24
(Updated
Mar. 2023)
Monthly Routine Maintenance & Repair
cost/SB 1
$35,000 $34,000 $35,000
As-Needed Repairs & Upgrades/SB 1
and Gas Tax and including interior
lighting and minor electrical
repairs/Measure H and General Fund
$55,000 $63,000 $60,000
USA Markings/SB 1 and Gas Tax $5,000 $24,000 $20,000
Extra Pole Knockdown Repairs/SB 1
and Gas Tax
- $54,000 $35,000
Total Cost $95,000 $175,000 $150,000
The proposed amended contract amount would cover the total monthly routine maintenance and repair costs for the year of $34,000, as-needed repair and upgrade costs of approximately $63,000, USA markings at an estimated total annual cost of $24,000, and pole knockdown repairs at approximately $54,000.

In the last two years, the maintenance and repair of electronic traffic control devices and Agenda Packet Page 295 of 401
Agenda Item No. 7.J.
lighting has been fully funded by SB 1 and Gas Tax funds. Interior lighting and electrical work is funded by the General Fund or Measure H - Parks & Recreation Facilities Fund.

Funding for the amendment of $80,000 is included in the Amended FY 2022-23 Budget, which includes the mid-year update approved by City Council on March 7, 2023, as noted in the Financial Considerations section of this report.

STRATEGIC PLAN CONSIDERATIONS
Approval of the proposed amendment is consistent with the following El Cerrito Strategic Plan Goals:
• Develop and rehabilitate public facilities as community focal points by addressing ongoing and deferred maintenance of facilities and infrastructure; and • Ensure the public’s health and safety by ensuring the City’s electronic traffic control devices and lighting systems are in an operable and safe condition.

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
There is no additional funding being requested as part of this action. Funding for the proposed amendment is available in the Amended FY 2022-23 Budget as follows:
• $35,000 in SB 1 – Road Maintenance and Rehabilitation Account Fund • $45,000 in the Gas Tax Fund
Both of these special funds are dedicated to expenditures for streets and transportation purposes. The additional contract amount in FY 2023-24 will be contingent upon funding being appropriated by the City Council as part of the annual budget process.

LEGAL CONSIDERATIONS
The City Attorney has reviewed the proposed action and found that legal considerations have been addressed. The proposed amendment will conform to the City’s standard amendment template and will be reviewed by the City Attorney prior to execution.

Reviewed by:

Alexandra Orologas, Assistant City Manager
Attachments:

1. Resolution
Agenda Packet Page 296 of 401
Agenda Item No. 7.J.

Agenda Packet Page 297 of 401
RESOLUTION 2023 - XX

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

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH ST. FRANCIS ELECTRIC FOR A TOTAL ANNUAL COST NOT TO EXCEED $175,000 IN FISCAL YEAR 2022-23 AND NOT TO EXCEED $150,000 IN FISCAL YEAR 2023-24 TO PROVIDE ELECTRICAL TRAFFIC CONTROL DEVICES

AND LIGHTING MAINTENANCE AND REPAIR SERVICES
WHEREAS, the City of El Cerrito is responsible for maintaining and repairing Cityowned traffic signals, street lights, safety lighting, a variety of other electronic traffic control devices and lighting systems, and other electrical items; and WHEREAS, on September 8, 2021, the City issued a Request for Proposals (RFP) from qualified companies to provide Electrical Traffic Control Devices and Lighting Maintenance and Repair Services; and
WHEREAS, the City received four proposals from qualified companies by the due date of October 5, 2021; and
WHEREAS, upon consideration of demonstrated company experience with providing municipal maintenance services, experience of key personnel, customer references, required licensing and certifications, and cost competitiveness, the selection committee determined that the proposal received from St. Francis Electric best fits the needs of the City; and
WHEREAS, on December 21, 2021, the El Cerrito City Council authorized the City Manager to execute an agreement with St. Francis Electric to provide Electrical Traffic Control Devices and Lighting Maintenance and Repair Services, effective January 1, 2022, for a period of three years, with an option to annually extend three years thereafter, for a cost not to exceed $80,000 in the remainder of Fiscal Year (FY) 2021-22 and $95,000 per fiscal year thereafter, contingent upon funding being appropriated by the City Council in future City budgets; and WHEREAS, the work related to Underground Service Alert (USA) markings, which are required to be in compliance with California Government Code Section 4216 et seq., has been more than anticipated in FY 2022-23; and
WHERES, the City has also experienced a high number of streetlight knockdowns, and while the City has been successful at securing reimbursement from the drivers’ insurance in many cases, the repair still requires an expenditure, including contract authority to make that expenditure; and
WHEREAS, the services of St. Francis Electric are needed to provide these critical services with an estimated additional annual cost of $80,000 in FY 2022-23 and $55,000 in FY 2023-24, for a total compensation of $175,000 and $150,000 in FY 2022-23 and FY Agenda Packet Page 298 of 401
2023-24, respectively; and
WHEREAS, funding for the additional services, totaling $80,000, is included in the Amended FY 2022-23 Budget in allocations from the SB 1 – Road Maintenance and Rehabilitation Account Fund ($35,000) and Gas Tax Fund ($45,000).

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito authorizes the City Manager to execute an amendment to the agreement with St.

Francis Electric for a cost not to exceed $175,000 in Fiscal Year 2022-23 and, contingent upon funding being appropriated by the City Council next fiscal year, not to exceed $150,000 in Fiscal Year 2023-24 to provide Electrical Traffic Control Devices and Lighting Maintenance and Repair Services.

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

I CERTIFY that at a regular meeting on March 21, 2023, the City Council of the City of El Cerrito passed this Resolution by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

AGENDA BILL
Agenda Item No. 7.K.

Date: March 21, 2023
To: El Cerrito City Council
From: Aissia Ashoori, Housing Manager; Jarrett Mullen, Sustainable Transportation Program Manager, Community Development Department; Melanie Mintz, Community Development Director
Subject: A Resolution Authorizing Execution of An Agreement for the Affordable Housing Sustainable Communities Program for El Cerrito Plaza Parcel A South for Transit-Oriented Development at the El Cerrito Plaza Station and submission of an application for Affordable Housing Sustainable Community Program funds as a co-applicant with Related

ACTION PROPOSED
Adopt a resolution authorizing the City Manager to execute an agreement for the Affordable Housing Sustainable Communities (AHSC) Program as a co-applicant with The Related Companies of California, LLC (Developer), for El Cerrito Plaza Station Transit-Oriented Development (TOD), Parcel A South (EC-PAS) located at 515 Richmond Street, to construct 70 affordable housing units and associated multimodal transportation improvements and to submit an application to the AHSC Program as a co-applicant.

BACKGROUND
The Affordable Housing Sustainable Communities (AHSC) Program is administered by the Strategic Growth Council (SGC) and implemented by the California Department of Housing and Community Development (HCD). The purpose of the AHSC Program is to reduce greenhouse gas (GHG) emissions through projects that implement land use, housing, and transportation projects to reduce overall vehicle miles traveled. On January 30, 2023, SGC and HCD issued a Notice of Funding Availability (NOFA) for Round 7 with approximately $750 million available.

Funding for the AHSC Program is provided from the Greenhouse Gas Reduction Fund, an account established by the State to receive Cap-and-Trade auction proceeds. The maximum AHSC Program loan or grant award or combination therefor per applicant is $50 million with a minimum award of at least $10 million. A single developer may receive no more than $100 million per NOFA funding cycle.

The deadline for this competitive application is April 4, 2023. If a public agency has a financial interest in the proposed project, HCD requires that the City be a co-applicant and enter into a contractual agreement to develop the project, if awarded. Award announcements are expected to be adopted by SGC by August 30, 2023.

Agenda Packet Page 300 of 401
Agenda Item No. 7.K.

Previously, the City has been successful in securing these competitive funds to develop housing proximate to transit. In 2015, the City and Eden Housing applied for and received AHSC funds for Hana Gardens Senior Apartments. There were three components to the award: 1) Housing; 2) Transportation Funds (Ohlone Greenway); and 3) Transit Passes. The 62-unit affordable housing project was successfully completed in 2018 with critical support from this program. In 2021, the City, BRIDGE Housing and BART again successfully applied for and received AHSC funds for Mayfair Affordable adjacent to the El Cerrito del Norte BART Station. There were four components to the award: 1) Housing; 2) Transportation Funds (new fare gates, BART cars); 3) El Cerrito del Norte TOD Complete Streets Improvements Project; and 4) Transit Passes. This 69-unit affordable housing project is on track to break ground in January 2024.

ANALYSIS
As a reminder, the preliminary development concept for the Plaza BART TOD project includes 713 units across six buildings on 6.48 acres and will be delivered in six phases. Currently, the proposed levels of affordability are: 53% market-rate and 47% below market rate consisting of 31% affordable (30% - 60% of area median income) and 16% low income (up to 80% area median income). Below is a site map and additional details can be located online at www.el-cerrito.org/TOD.

Exhibit 1: El Cerrito Plaza Proposed Transit Oriented Development Site Map Agenda Packet Page 301 of 401
Agenda Item No. 7.K.

The City, The Related Companies of California, LLC (Developer) and BART have been exploring a variety of financing options to move the first affordable phase forward - Parcel A South located at 515 Richmond Street (Project). On February 7, 2023, the City Council committed a $350,000 predevelopment loan as a local match to support the Project with predevelopment activities. In addition, the Developer also applied for County funding in December 2022. Other affordable housing funding sources continue to be monitored and pursued by the Developer.

The AHSC Program is one of the State’s largest sources of funding to support affordable housing. As mentioned, AHSC guidelines and scoring are driven by the pairing of affordable housing and transportation connectivity. The maximum award amount for TOD projects, located less than one-half mile of transit stop/station, is capped at $50 million with $35 million earmarked for housing and $15 million for transportation. It should be noted that AHSC does not partially fund the application requests but will only fully fund the entire ask to ensure that the GHG reduction benefits proposed will be fully realized.

The AHSC application is a joint effort between the Developer and the City, as coapplicant. BART (non-applicant) is the transportation partner in this competitive application and will have obligations to perform under the AHSC Program if awarded.

Currently, the Developer and the City intend to apply for AHSC funds in an amount not to exceed $50,000,000. Assembling this application is a critical step in moving this Project into construction.

Leveraging AHSC will provide the largest funding source for this affordable housing project as well as money to support multi-modal transportation improvements. The Project's scope will also focus on enhanced bicycling and pedestrian facilities within one mile around the TOD at El Cerrito Plaza Station. As outlined in the NOFA, AHSC Program requirements prescribe the following eligible activities:

1. Affordable Housing Developments (AHD): Housing developments - rental and homeownership.

2. Housing-Related Infrastructure (HRI): Specific infrastructure improvements associated with housing.

3. Sustainable Transportation Infrastructure (STI): Improvements that are related to movement, and range from street work, transit, bikeways, sidewalks, crosswalks, ramps, etc.

4. Transportation-Related Amenities (TRA): Includes amenities that are classified as non-movement of people and related to transportation infrastructure such as bike parking, repair kiosks, bus shelters, urban greening, etc.

5. Program Costs (PGM): Includes active transportation, transit ridership, workforce development programs, etc.

Agenda Packet Page 302 of 401
Agenda Item No. 7.K.

The above eligible activities are also very much aligned with the City’s San Pablo Avenue Specific Plan, Affordable Housing Strategy, Housing Element, Active Transportation Plan and Climate Action Plan. The AHSC Program also fosters collaboration between the City’s Community Development Department and Public Works Department as well as BART. The Developer, with the City as joint applicant, partnered with BART to identify the areas where AHSC grant money could be allocated competitively and most effectively for our community to encourage residents to walk, bike, and use public transit. Along with the City’s vision articulated in these various policies/plans, El Cerrito was designated as a Prohousing jurisdiction by the State on February 3, 2023. As a result of this designation, the Project is eligible for bonus points in the AHSC scoring.

Below is summary of the categories that will be applied for by the Project, consistent with the eligible activities, totaling approximately $36 million.

1. $20 million - AHD - Developer
o Affordable housing units for very-low income households. o This funding will be in the form of a loan directly to the Developer. The City will not receive or hold these funds. Under the required AHSC structure, however, the City as a co-applicant will be jointly and severally liable for the loan.

2. $13.4 million - STI - City and BART
o $5 million - City: Sidewalk, crosswalk, pedestrian, and bicycle transportation improvements within the public right of way. This funding will be in the form of a grant directly to the City to use on identified improvements.
o $8.4 million - BART: Purchase fleet of the future rail cars. This funding will be in the form of a grant. The City will be the grant recipient, but funds will be held by the State, not the City. Once BART has expended funds on qualifying purchases, BART will submit paperwork to the City, the City will submit the documents to the State, the State will release grant funds to the City, and the City will pass them through to BART.

3. $1.5 million - TRA - Developer
o Assist with the construction of transportation improvements to improve bus access.
o This funding will be in the form of a grant. Funds may be held by the State or the City. Depending on the final structure, either the City will disburse funds for qualifying improvement work by Developer, or the State will release grant funds to the City, and the City will pass them through to the Agenda Packet Page 303 of 401
Agenda Item No. 7.K.

Developer upon submission of necessary documentation.

4. $790,000 - Programs
o Purchase of transit passes for Project residents.
o This funding will be in the form of a grant. Funds will be held by the State, not the City. The City will receive and pass through the funds to the Developer or a related entity upon submission of necessary documentation.

An item of note is that staff is requesting authorization for the maximum AHSC application amount of $50 million to allow for adjustments that may occur between now and the application deadline of April 4, 2023. The attached resolution authorizes the City Manager to execute agreements, applications, and related documents up to the $50 million maximum, consistent with this resolution and to carry out the intent of the City’s participation in the AHSC program as a co-applicant for Project funding.

AHSC Co-Applicant Agreement
In previous AHSC applications, the City Council authorized the City Manager to negotiate and enter into an agreement as co-applicants. This process is also aligned with other jurisdictions seeking AHSC funds. Below is a summary of the standard terms within the agreement.
• Provide terms and obligations between the Developer, City and BART. • Provide a schedule of performance.
• Provide terms for the application funding components, including roles and responsibilities for making the STI and TRA improvements. • Provide terms for funding and reimbursement of STI and TRA improvements. • Provide reimbursement procedures.
• Confirm that Developer, City and BART will work in good faith and in a timely manner.

Staff believes that the Project is a strong candidate for AHSC and is seeking City Council authorization to allow the City Manager to proceed with the AHSC Program agreement. This TOD will be a transformative project that will deliver high-quality affordable housing at El Cerrito Plaza BART Station along with associated multimodal transportation infrastructure improvements. If the application is successful, it will increase the City’s affordable housing production while providing much needed transportation infrastructure improvements to reduce GHG.

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

Agenda Packet Page 304 of 401
Agenda Item No. 7.K.

ENVIRONMENTAL CONSIDERATIONS
The Project is subject to ministerial review under applicable provisions of AB 2923 and SB 35. No review under the California Environmental Quality Act (“CEQA“) is required for the Project. It can be seen with certainty that the AHSC Program funding will have no significant effects on the environment different from the ECP-PAS development itself. No review under CEQA is required for the proposed action (CEQA Guidelines section 15061). It is further exempted under Government Code section 65913.4(j) which also applies to any financing assistance associated with the Project.

FINANCIAL CONSIDERATIONS
The City is not required to provide additional matching funds toward this application.

The time of City employees spent administering the grant is not eligible for grant funds.

LEGAL CONSIDERATIONS
This has been reviewed by the Successor Agency Legal Counsel and City Attorney.

Reviewed by:

Alexandra Orologas, Assistant City Manager
Attachments:

1. Resolution
Agenda Packet Page 305 of 401
RESOLUTION 2022-XX

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

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITES PROGRAM AS A COAPPLICANT WITH THE RELATED COMPANIES OF CALIFORNIA, LLC, FOR EL

CERRITO PLAZA STATION TRANSIT-ORIENTED DEVELOPMENT PARCEL A SOUTH LOCATED AT 515 RICHMOND STREET IN AN AMOUNT NOT TO EXCEED $50,000,000
WHEREAS, the State of California Strategic Growth Council (SGC) and the California Department of Housing and Community Development (HCD) have issued a Notice of Funding Availability dated January 31, 2023 (NOFA), under the Affordable Housing and Sustainable Communities (AHSC) Program established under Division 44, Part 1 of the Public Resources Code commencing with Section 75200; and WHEREAS, the project known as El Cerrito Parcel A South (EC-PAS) is located at 515 Richmond Street (Project) is seeking to apply for an award of AHSC Program funds to construct 70 units of affordable rental housing; and WHEREAS, the Related Companies of California, LLC (Developer) - as a joint applicant with the City of El Cerrito, desire to apply for AHSC Program funds and submit the application package for the AHSC Program to provide financing for the Project, funding for additional public transportation improvements on behalf of BART and funding for certain transportation infrastructure improvements to be constructed by the City, including sidewalk, crosswalk, pedestrian, and bicycle transportation improvements within the public right of way. The AHSC Program funds sought will be a loan to the Developer or a partner of Developer in an amount not to exceed $35,000,000 (the “AHSC Loan”) and grant funds for the Developer, City, and BART (the “AHSC Grant”) and AHSC program costs in an amount not to exceed $15,000,000; and WHEREAS, there will be one application submitted for the Project; and WHEREAS, the AHSC program requires that the co-applicants enter into an agreement with any non-application recipients such as BART as part of the application process; and
WHEREAS, the SGC is authorized to approve funding allocations for the AHSC Program, subject to the terms and conditions of the NOFA, Program Guidelines, Application Package, and Standard Agreement; and
WHEREAS, HCD is authorized to administer the approved funding allocations of the AHSC Program; and
WHEREAS, there is substantial need for additional funds for the development of affordable housing in the City of El Cerrito as well as transportation improvements; and Agenda Packet Page 306 of 401
WHEREAS, as co-applicants, the City and Related will be jointly and severally liable for the performance of the obligations under the AHSC program, including the performance of BART; and
WHEREAS, in order to address the parties' joint and several liability and to ensure that the AHSC projects are completed in a timely manner so that the AHSC Loan is disbursed upon completion of the construction of the Project, the City, Developer and BART, are proposing to enter into the AHSC Co-Applicants Agreement to address each party’s obligations under the AHSC Program as well as to provide mutual indemnifications for each party in the event a party fails to perform; and WHEREAS, the City Council wishes to delegate authority to the City Manager or her designee to execute an agreement to apply for, receive and accept such AHSC Program Funds on behalf of the City, and to negotiate, execute, enter into and deliver such agreements and instruments with HCD related to or in connection with such AHSC Program Funds without returning to the City Council, including agreements with the San Francisco Bay Area Rapid Transit District (BART) for transportation-related improvements; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that the City is hereby authorized to submit an application for AHSC funds as a coapplicant with the Developer in an amount not to exceed $50,000,000.

BE IT FURTHER RESOLVED that the City is authorized and directed to incur an obligation for the AHSC Loan, and that in connection with the AHSC Loan, the City Manager or her designee is authorized and directed on behalf of the City to enter info, execute, and deliver a State of California Standard Agreement in an amount not to exceed $35,000,000 and any and all other documents required or deemed necessary or appropriate to carry into effect the full intent and purpose of this Resolution or as may be required by HCD in connection with the AHSC Loan and all amendments thereto (collectively, the AHSC Loan Documents).

BE IT FURTHER RESOLVED that the City is hereby authorized and directed to incur an obligation for the AHSC Grant, and that in connection with the AHSC Grant, the City Manager or her designee is hereby authorized and directed on behalf of the City to enter into, execute, and deliver a State of California Standard Agreement in an amount not to exceed $15,000,000 and any and all other documents required or deemed necessary or appropriate to carry into effect the full intent and purpose of this Resolution, in order to evidence the AHSC Grant, the City’s obligations related thereto, and HCD’s security therefor, including, but not limited to, a disbursement agreement, a covenant and certain other documents required by HCD as security for, evidence of, or pertinent to the AHSC Grant, and all amendments thereto (collectively, the AHSC Document, and together with the AHSC Loan Documents, collectively, the AHSC Documents).

Agenda Packet Page 307 of 401
BE IT FURTHER RESOLVED that that the City Manager is authorized to negotiate and enter into an agreement that provides for joint and several liability and mutual indemnities between joint applicants as the City Manager deem necessary.

BE IT FURTHER RESOLVED that the City Manager or her designee on behalf of the City of El Cerrito is authorized to accept the California Strategic Growth Council Affordable Housing and Sustainable Communities Program funds, and appropriate said funds in a total amount not to exceed $50,000,000 to the Project.

BE IT FURTHER RESOLVED that, if awarded, the housing portions of said AHSC Loan and AHSC Grant funds shall be deposited in the State of California Fund (2159), Housing Development Organization (89929), Project (TBD), and transportation portions of said AHSC Loan and AHSC Grant funds shall be deposited in the State of California Fund (2159), Complete Streets Design Organization (35212), Project (TBD.

BE IT FURTHER RESOLVED that the City shall be subject to the terms and conditions as specified in the Standard Agreements; that funds are to be used for allowable capital asset Project expenditures to be identified in Exhibit A or other relevant portions of the Standard Agreements; that any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreements; and that the City hereby agrees to use the funds for eligible capital assets in the manner presented in the application as approved by HCD and in accordance with the NOFA and applicable AHSC Program Guidelines.

BE IT FURTHER RESOLVED that the City Council hereby appoints the City Manager or her designee, as agent of the City, to conduct negotiations, execute and deliver all documents (including, without limitation, all AHSC Documents), accept AHSC Program Funds, and take any and all other action with respect to the AHSC Program and the AHSC Loan and AHSC Grant as required by HCD for participation in the AHSC Program.

BE IT FURTHER RESOLVED that the City Manager or her designee is authorized to negotiate and execute agreements with BART pertaining to transportationrelated improvements funds by the AHSC Loan or AHSC Grant.

BE IT FURTHER RESOLVED that the City Manager or her designee is hereby authorized to take any other action with respect to the AHSC Loan, the AHSC Grant, or the Project consistent with this Resolution and its basis purposes.

BE IT FURTHER RESOLVED that said agreements, documents, and instruments shall not increase the City’s obligations beyond those described in the staff report regarding this resolution, considered by the City Council on March 21, 2023, and shall be reviewed and approved by the City Attorney for form and legality prior to their execution by the City, and copies will be placed on file with the City Clerk.

Agenda Packet Page 308 of 401
BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon passage and adoption.

I CERTIFY that at a regular meeting on March 21, 2023 the City Council of the City of El Cerrito passed this Resolution by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

AGENDA BILL
Agenda Item No. 9.A.

Date: March 21, 2023
To: El Cerrito City Council
From: Paul Keith, Chief of Police, El Cerrito Police Department Subject: Automated License Plate Reader Camera Program

ACTION PROPOSED
Adopt a resolution authorizing the City Manager to enter into an agreement with Flock Group Inc. to provide automated license plate reader cameras to the City of El Cerrito for an amount not to exceed $340,000 between July 1, 2023 and June 30, 2026.

BACKGROUND
Crime and Investigations in El Cerrito
The City of El Cerrito experiences the highest overall crime rate in Contra Costa County. The bulk of this crime is related to larceny incidents (theft of personal property) that occur in and around commercial districts. Larceny is not the only category of crime that impacts the City. In 2021, El Cerrito had the 6th highest violent crime rate in Contra Costa County. Since 2019, the Police Department has reduced authorized staffing by 17%, limiting the staff available to respond to and investigate criminal incidents.

El Cerrito Police Officers respond quickly to calls for help but often arrive after suspects have fled the scene. Because crimes can happen in a moment, victims are not always able to recall the details needed to apprehend the suspect. El Cerrito Officers conduct thorough investigations into violent and property crime using the traditional methods available to them such as fingerprint and DNA analysis, witness and victim statements, and video surveillance footage. Additional investigative tools such as Automated License Plate Reader (ALPR) Cameras have proven successful in other jurisdictions to reduce crime and assist in investigations.

Automated License Plate Reader (ALPR) Cameras
Automated License Plate Reader (ALPR) cameras use optical character recognition to read vehicle license plates. In municipal use, these cameras are used for two primary purposes, to alert local authorities of a stolen or wanted vehicle entering the city and to provide a lead to detectives and officers investigating a crime. ALPR cameras are currently used or in the process of being adopted in Hercules, San Pablo, Richmond, Concord, Pittsburg, Orinda, Walnut Creek, Danville, San Ramon, Antioch, and Brentwood.

Staff began planning for an ALPR program in 2021 with the goal of developing a citywide network of cameras to help identify suspects involved in violent crime and serious theft incidents. Staff identified companies that provided ALPR products, evaluated their products, and selected a preferred provider, Flock Group Inc.

Agenda Packet Page 310 of 401
Agenda Item No. 9.A.

Staff developed a deployment map to accomplish the purposes of the ALPR program, identifying wanted cars when they enter the City and providing important information to investigators after a suspect commits a crime. Staff’s deployment plan places cameras at key locations along the city limits to track vehicles entering and exiting El Cerrito. The plan also places cameras at key intersections within the city as well as in commercial districts.

Flock Group Inc. provides cameras on a service plan model. Agencies pay Flock for a license to use cameras during the duration of an agreement. The Agency owns all the data collected by the cameras; however, Flock remains the owner of the cameras. The Agency pays the costs of installing the cameras as well as an annual cost for the use of the camera.

On Tuesday, February 28, 2023, the Richmond City Council held a Study and Action Session regarding a Request for Proposal for Fixed Automated License Plate Reader Systems. Richmond Staff recommended that Council approve a three year contract based on their evaluation of Flock Group Inc, as the preferred bidder in their process.

The Richmond City Council approved a 3 year agreement with Flock Group Inc,. for ALPR cameras. Flock Group Inc. presented the City of El Cerrito with the same pricing structure they offered to the City of Richmond.

Staff began a public engagement process in October 2022 by scheduling a public meeting on ALPR camera systems. Staff held the first public meeting on November 9, 2022. Staff also publicized and scheduled a presentation to the El Cerrito Crime Prevention Committee on February 6, 2023. During the meeting, the Crime Prevention Committee endorsed the plan to deploy ALPR cameras in El Cerrito.

ANALYSIS
Flock ALPR Camera systems are installed to collect factual information about vehicles to help. Flock Cameras are not intended for active monitoring. Instead, they take photographs of vehicles that pass by their location. Flock cameras are installed to take photographs of the rear of vehicles, focusing on unique vehicle characteristics such as identifying objects, manufacturer identifiers, and license plates. The Flock system retains photographs for a 30 day period, after which photographs are deleted from the Flock server. Combined, this system helps to preserve individual privacy. The system takes photographs of the rear of vehicles in the public realm and only retains those photographs for a reasonable period. The ALPR data is stored on a server on the Amazon Web Services Government Cloud.

The system is designed to alert local law enforcement if the system detects a wanted vehicle. The system checks every license plate against a constantly updated hot list.

This list includes the list of vehicles stolen in California, as well as vehicles wanted in connection with specific crimes. When the system detects one of these license plates, it sends an alert to officers with the vehicle information and location. The system does not check every license plate against a DMV record. It only checks license plates against hot lists.

Agenda Packet Page 311 of 401
Agenda Item No. 9.A.

After a crime has been committed, the ALPR system can aid investigators in determining the person or persons responsible for the crime. Staff developed a plan to place cameras in strategic places throughout the City to take photographs as vehicles leave the area of a crime. Investigators can search Flock records for specific license plates, vehicle colors, vehicle makes and models, and other distinguishing characteristics. The photographs in the system may provide investigators with a lead that they can investigate. The system itself does not identify a person responsible for a crime. It is up to an investigator to identify facts that lead to the identify of a suspect.

Staff recommends a three-year contract. This contract period allows the city to continually evaluate the effectiveness of the camera on crime prevention, in progress crime interdiction, and crime solving rates. El Cerrito typically investigates over 2,500 incidents each year, which means that staff will have a robust data set to examine the impacts of the Flock ALPR System.

Staff expects to see impacts similar to other ALPR deployments by Flock. In other jurisdictions, Flock has contributed to significant reductions in crime and recoveries of stolen vehicles. The Flock product includes a public facing transparency portal that provides useful information about the ALPR systems in use in nearby jurisdictions. The City of Piedmont deployed 39 cameras and received 721 hits on hot list vehicles in a recent 30 day period. The City of Vallejo deployed 74 cameras and received over 5,800 hits in the same period. Each hot list hit is an opportunity for a police officer to take an enforcement action that can lead to the return of a stolen vehicle or the apprehension of a violent crime offender.

Currently, the contract price for Flock Group Inc. and their major competitor Vigilant Systems are scheduled to significantly increase in April 2023. Staff recommends entering into an agreement with Flock Group Inc., to secure the current price per unit.

Police Department policy identifies the proper and prohibited uses of ALPR camera systems. Of note, the policy prohibits the use of ALPR camera systems for immigration enforcement, harassment, or intimidation. The policy only allows the use of ALPR camera systems for bona fide law enforcement purposes. The policy also allows the El Cerrito Police Department to share ALPR data with partner police agencies and access shared data. Sharing data helps each agency use their system more effectively, because it can help provide additional information about the locations a particular vehicle of interest may have visited outside of the city limits.

STRATEGIC PLAN CONSIDERATIONS
The proposed ALPR Camera Plan helps the City achieve goals related to delivering exemplary government services and ensuring the public's health and safety. The ALPR system will make officers and detectives more effective in their criminal investigations.

The ALPR system will also serve as a deterrent to crime.

Agenda Packet Page 312 of 401
Agenda Item No. 9.A.

This deterrent effect should result in a reduction of crimes related to violence and larceny, improving the public's safety.

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

FINANCIAL CONSIDERATIONS
Staff has identified a funding plan for the ALPR project, using a combination of general and special funds. In year one, beginning in FY 23/24, Staff proposes to use $71,500 from the C.O.P.S. Grant Fund and $50,000 from the General Fund to pay for the project. Staff also plans to maintain a $45,000 contingency from the Asset Forfeiture Fund to pay for infrastructure improvements and modifications associated with camera installation. In year two, Staff proposes to use $43,500 from the C.O.P.S. Grant fund and $60,000 from the General Fund to pay for the project. In year three, Staff proposes to use $103,500 from the General Fund as part of an ongoing expense for the project.

LEGAL CONSIDERATIONS
The City Attorney has reviewed and approved this action.

Reviewed by:

Alexandra Orologas, Assistant City Manager
Attachments:

1. Resolution

2. Agreement with Flock Group Inc

3. Department Policy

4. Axon Evidence Letter

5. Richmond PD Council Item and RFP
Agenda Packet Page 313 of 401
Agenda Item No. 9.A.

RESOLUTION 2023-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FLOCK GROUP INC.

TO PROVIDE AUTOMATED LICENSE PLATE READER CAMERAS FOR AN AMOUNT NOT TO EXCEED $340,000 BETWEEN JULY 1, 2023 AND JUNE 30, 2026.

WHEREAS, the City of El Cerrito faces significant impacts from property and violent crime; and
WHEREAS, the majority of violent crimes and retail theft involve the use of motor vehicles; and
WHEREAS, Automated License Plate Reader camera systems have proven to be a tool to reduce crime and increase crime clearance rates; and WHEREAS, Flock Group Inc. has demonstrated that its product meets the operational requirements of the El Cerrito Police Department; and WHEREAS, the El Cerrito Police Department has a need for a reliable and proven investigative aid.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that it hereby authorizes the City Manager to enter into an agreement with Flock Group Inc. to provide automated license plate reader cameras for an amount not to exceed $340,000 between July 1, 2023 and June 30, 2026.

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

I CERTIFY that at a regular meeting on March 21, 2023 the City Council of the City of El Cerrito passed this Resolution by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Attachment 2
FLOCK GROUP INC.

SERVICES AGREEMENT

ORDER FORM
This Order Form together with the Terms (as defined herein) describe the relationship between Flock Group Inc. (“Flock”) and the customer identified below (“Agency”) (each of Flock and Customer, a ”Party”). This order form (“Order Form”) hereby incorporates and includes the “GOVERNMENT AGENCY AGREEMENT” attached (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.

The Agreement will become effective when this Order Form is executed by both Parties (the “Effective Date”).

Agency: City of El Cerrito
Legal Entity Name: City of El Cerrito
Contact Name: Paul Keith
Address:
10900 San Pablo Ave
El Cerrito, California 94530
Phone: 510-215-4425
E-Mail: [email protected]
Expected Payment Method: Invoice/Check
\FSExpectedPaymentMethod1\
Billing Contact: \FSBillingContact1\
(if different than above)
Initial Term: 36 months
Renewal Term: 12 months
Billing Term: Annual payment due Net 60 per terms
and conditions
Agenda Packet Page 315 of 401
Professional Services and One-Time Purchases
Name Price/Usage Fee QTY Subtotal
Professional Services - Standard Implementation Fee $350.00 30.00 $10,500.00 Professional Services - Advanced Implementation
Fee
$750.00 10.00 $7,500.00
Hardware and Software Products
Annual recurring amounts over subscription term
Name Price/Usage Fee QTY Subtotal
Falcon $2,500.00 40.00 $100,000.00
Flock Safety Advanced Search $3,500.00 1.00 $3,500.00
Subtotal Year 1: $121,500.00
Subscription Term: 36 Months
Annual Recurring Total: $103,500.00
Estimated Sales Tax: $0.00
Total Contract Amount: $328,500.00
Agenda Packet Page 316 of 401
I have reviewed and agree to the Customer Implementation Guide on Schedule B at the end of this agreement.
\FSInitials1\
By executing this Order Form, Agency represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Agency: City of El Cerrito
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:

Karen Pinkos
Title:
\FSTitle2\
Title:

City Manager
Date:
\FSDateSigned2\
Date:

Attest:

Name:

Title:

City Clerk
Approved
as to form:

Name:

Title:

City Attorney
Agenda Packet Page 317 of 401

GOVERNMENT AGENCY AGREEMENT
This Government Agency Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 (“Flock”) and the City of El Cerrito identified in the signature block of the Order Form (“Agency”) (each a “Party,” and together, the “Parties”).

RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution for automatic license plates, video and audio detection through Flock’s technology platform (the “Flock Service”), and upon detection, the Flock Services are capable of capturing audio, video, image, and recording data and can provide notifications to Agency upon the instructions of Non-Agency End User (as defined below) (“Notifications”); WHEREAS, Agency desires access to the Flock Service on existing cameras, provided by Agency, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, including those from Non-Agency End Users of the Flock Service (where there is an investigative or bona fide lawful purpose) such as schools, neighborhood homeowners associations, businesses, and individual users; WHEREAS, Flock deletes all Footage on a rolling thirty (30) day basis, excluding Wing Replay which is deleted after seven (7) days. Agency is responsible for extracting, downloading and archiving Footage from the Flock System on its own storage devices for auditing for prosecutorial/administrative purposes; and WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations by police departments, and archiving for evidence gathering (“Permitted Purpose”).

AGREEMENT
NOW, THEREFORE, Flock and Agency agree that this Agreement, and any addenda attached hereto or referenced herein, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this Section 1.

1.1 “Advanced Search” means the provision of Services, via the web interface using Flock’s software applications, which utilize advanced evidence delivery capabilities including convoy analysis, multi-geo search, visual search, cradlepoint integration for automatic vehicle location, and common plate analysis.

1.2 “Agency Data” means the data, media and content provided by Agency through the Services. For the avoidance of doubt, the Agency Data will include the Footage.

1.3 “Agency Generated Data” means the messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, other information or materials posted, uploaded, displayed, published, distributed, transmitted, broadcasted, or otherwise made available on or submitted through the Wing Suite.

Agenda Packet Page 318 of 401

1.4. “Agency Hardware” means the third-party camera owned or provided by Agency and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5. “Aggregated Data” means information that relates to a group or category of individuals, from which any potential individuals’ personal identifying information has been permanently “anonymized” by commercially available standards to irreversibly alter data in such a way that a data subject (i.e., individual person or impersonal entity) can no longer be identified directly or indirectly.

1.6 “Authorized End User(s)” means any individual employees, agents, or contractors of Agency accessing or using the Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement.

1.7 “Deployment Plan” means the strategic geographic mapping of the location(s) and implementation of Flock Hardware, and/or other relevant Services required under this Agreement.

1.8 “Documentation” means text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Services which are provided by Flock to Agency in accordance with the terms of this Agreement.

1.9 “Embedded Software” means the software and/or firmware embedded or preinstalled on the Flock Hardware or Agency Hardware.

1.10 “Falcon Flex” means an infrastructure-free, location-flexible license plate reader camera that enables the Agency to self-install.

1.11 “Flock Hardware” means the Flock cameras or device, pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services.

1.12 “Flock IP” means the Services, the Documentation, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection with the foregoing.

1.13 “Flock Safety Falcon™” means an infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint™ technology to capture vehicular attributes.

1.14 “Flock Safety Raven™” means an audio detection device that provides real-time alerting to law enforcement based on programmed audio events such as gunshots, breaking glass, and street racing.

1.15 “Flock Safety Sparrow™” means an infrastructure-free license plate reader camera for residential roadways that utilizes Vehicle Fingerprint™ technology to capture vehicular attributes.

Agenda Packet Page 319 of 401

1.17 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Agency Hardware in the course of and provided via the Services.

1.18 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes. Hotlist also includes, but is not limited to, national data (i.e. NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.19 “Implementation Fee(s)” means the monetary fees associated with the Installation Services, as defined below.

1.20 “Installation Services” means the services provided by Flock for installation of Agency Hardware and/or Flock Hardware, including any applicable installation of Embedded Software on Agency Hardware.

1.21 “Non-Agency End User(s)” means any individual, entity, or derivative therefrom, authorized to use the Services through the Web Interface, under the rights granted to pursuant to the terms (or to those materially similar) of this Agreement.

1.22 “Services” or “Flock Services” means the provision, via the Web Interface, of Flock’s software applications for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.23 “Support Services” means Monitoring Services, as defined in Section 2.10 below.

1.24 “Usage Fee” means the subscription fees to be paid by the Agency for ongoing access to Services.

1.25 “Web Interface” means the website(s) or application(s) through which Agency and its Authorized End Users can access the Services, in accordance with the terms of this Agreement.

1.26 “Wing Suite” means the Flock interface which provides real-time access to the Flock Services, location of Flock Hardware, Agency Hardware, third-party cameras, live-stream video, Wing Livestream, Wing LPR, Wing Replay, alerts and other integrations.

1.27 “Wing Livestream” means real-time video integration with third-party cameras via the Flock interface.

1.28 “Wing LPR” means software integration with third-party cameras utilizing Flock’s Vehicle Fingerprint Technology™ for license plate capture.

1.29 “Wing Replay” means enhanced situational awareness encompassing Footage retention, replay ability, and downloadable content from Hot Lists integrated from third-party cameras.

Agenda Packet Page 320 of 401

1.30 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

2. SERVICES AND SUPPORT

2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, non-transferable right to access the features and functions of the Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Agency’s designated administrator, listed on the Order Form, and any Authorized End Users to access and download via the Web Interface for thirty (30) days.

Authorized End Users will be required to sign up for an account and select a password and username (“User ID”).

Flock will also provide Agency with the Documentation to be used in accessing and using the Services. Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User’s use of the Services and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage) which makes the Services available to Agency and Authorized End Users. Warranties provided by said third party service providers are the agency’s sole and exclusive remedy and Flock’s sole and exclusive liability with regard to such third-party services, including without limitation hosting the Web Interface. Agency agrees to comply with any acceptable use policies and other terms of any third-party service provider that are provided or otherwise made available to Agency from time to time.

2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, nonexclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Flock Hardware or Agency Hardware; in each case, solely as necessary for Agency to use the Services.

2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a nonexclusive, non-transferable right and license to use the Documentation during the Term in connection with its use of the Services as contemplated herein, and under Section 2.5 below.

2.4 Wing Suite License. Subject to all terms of this Agreement, Flock grants Agency a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Wing Suite software and interface.

2.5 Usage Restrictions.

Agenda Packet Page 321 of 401

2.5.1 Flock IP. The permitted purpose for usage of the Flock Hardware, Agency Hardware, Documentation, Services, support, and Flock IP are solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government agency (“Permitted Purpose”). Agency will not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Services or Flock IP; (vi) use the Services, support, Flock Hardware, Documentation, or the Flock IP for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Agency’s rights under Sections 2.1, 2.2, 2.3, or 2.4.

2.5.2. Flock Hardware. Agency understands that all Flock Hardware is owned exclusively by Flock, and that title to any Flock Hardware does not pass to Agency upon execution of this Agreement. Except for Falcon Flex products, which are designed for self-installation, Agency is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Notwithstanding the notice and cure period set for in Section 6.3, Agency agrees and understands that in the event Agency is found to engage in any of the restricted actions of this Section 2.5.2, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination (without opportunity to cure) for material breach by Agency.

2.6 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. There are no implied rights.

2.7 Suspension.

2.7.1 Service Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if Flock reasonably determines that (a) there is a threat or attack on any of the Flock IP by Agency; (b) Agency’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Agency has violated any term of this provision, including, but not limited to, utilizing the Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Agency’s Agenda Packet Page 322 of 401 account (“Service Suspension”). Agency shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit.

2.7.2 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Agency or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Agency and to provide updates regarding resumption of access to Flock Services. Flock will use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Agency or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Agency’s direct actions or by the actions of parties associated with the Agency, the expiration of the Term will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day) prorated for the proportion of cameras on the Agency’s account that have been impacted. For example, in the event of a Service Interruption lasting five (5) continuous days, Agency will receive a credit for five (5) free days at the end of the Term.

2.8 Installation Services.

2.8.1 Designated Locations. For installation of Flock Hardware, excluding Falcon Flex products, prior to performing the physical installation of the Flock Hardware, Flock shall advise Agency on the location and positioning of the Flock Hardware for optimal license plate image capture, as conditions and location allow. Flock may consider input from Agency regarding location, position and angle of the Flock Hardware (“Designated Location”) and collaborate with Agency to design the Deployment Plan confirming the Designated Locations. Flock shall have final discretion on location of Flock Hardware. Flock shall have no liability to Agency resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations or delay in installation due to Agency’s delay in confirming Designated Locations, in ordering and/or having the Designated Location ready for installation including having all electrical work preinstalled and permits ready, if necessary. After installation, any subsequent changes to the Deployment Plan (“Reinstalls”) will incur a charge for Flock’s thencurrent list price for Reinstalls, as listed in the then-current Reinstall policy (available at https://www.flocksafety.com/reinstall-fee-schedule) and any equipment fees. For clarity, Agency will receive prior notice and provide approval for any such fees. These changes include but are not limited to re-positioning, adjusting of the mounting, re-angling, removing foliage, replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like. Flock shall have full discretion on decision to reinstall Flock Hardware.

2.8.2 Agency Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the Agenda Packet Page 323 of 401
installation work. Although Flock Hardware is designed to utilize solar power, certain Designated Locations may require a reliable source of 120V or 240V AC power. In the event adequate solar power is not available, Agency is solely responsible for costs associated with providing a reliable source of 120V or 240V AC power to Flock Hardware. Flock will provide solar options to supply power at each Designated Location. If Agency refuses recommended solar options, Agency waives any reimbursement, tolling, or credit for any suspension period of Flock Services due to low solar power. Additionally, Agency is solely responsible for (i) any permits or associated costs, and managing the permitting process of installation of cameras or AC power; (ii) any federal, state, or local taxes including property, license, privilege, sales, use, excise, gross receipts, or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Flock Hardware, its use (excluding tax exempt entities), or (iii) any other supplementary cost for services performed in connection with installation of the Flock Hardware, including but not limited to contractor licensing, engineered drawings, rental of specialized equipment, or vehicles, third-party personnel (i.e. Traffic Control Officers, Electricians, State DOT-approved poles, etc., if necessary), such costs to be approved by the Agency (“Agency Installation Obligations”). In the event that a Designated Location for Flock Hardware requires permits, Flock may provide the Agency with a temporary alternate location for installation pending the permitting process. Once the required permits are obtained, Flock will relocate the Flock Hardware from the temporary alternate location to the permitted location at no additional cost. Without being obligated or taking any responsibility for the foregoing, Flock may pay and invoice related costs to Agency if Agency did not address them prior to the execution of this Agreement or a third party requires Flock to pay. Agency represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation.

2.8.3 Flock’s Obligations. Installation of Flock Hardware shall be installed in a workmanlike manner in accordance with Flock’s standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are confirmed. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Following the initial installation of the Flock Hardware and any subsequent Reinstalls or maintenance operations, Flock’s obligation to perform installation work shall cease; however, for the sole purpose of validating installation, Flock will continue to monitor the performance of Flock Hardware for the length of the Term and will receive access to the Footage for a period of seven (7) business days after the initial installation for quality control and provide any necessary maintenance. Labor may be provided by Flock or a third-party. Flock is not obligated to install, reinstall, or provide physical maintenance to Agency Hardware. Notwithstanding anything to the contrary, Agency understands that Flock will not provide installation services for Falcon Flex products.

2.8.4 Ownership of Hardware. Flock Hardware shall remain the personal property of Flock and will be removed upon the natural expiration of this Agreement at no additional cost to Agency. Agency shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Agency default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Agency’s default and Flock shall have the right to enforce any other legal remedy or right. Agenda Packet Page 324 of 401

2.9 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock’s price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless.

2.10 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations (“Monitoring Services”).

Flock will use commercially reasonable efforts to respond to requests for support. Flock will provide Agency with reasonable technical and on-site support and maintenance services (“On-Site Services”) in-person or by email at [email protected], at no additional cost. Notwithstanding anything to the contrary, Agency is solely responsible for installation of Falcon Flex products. Agency further understands and agrees that Flock will not provide monitoring services or on-site services for Falcon Flex.

2.11 Special Terms. From time to time, Flock may offer certain special terms related to guarantees, service and support which are indicated in the proposal and on the Order Form and will become part of this Agreement, upon Agency’s prior written consent (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

2.12 Upgrades to Platform. Flock may, in its sole discretion, make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock’s products or services to its agencies, (b) the competitive strength of, or market for, Flock’s products or services, (c) such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law. Parties understand that such upgrades are necessary from time to time and will not materially change any terms or conditions within this Agreement.

3. RESTRICTIONS AND RESPONSIBILITIES

3.1 Agency Obligations. Flock will assist Agency Authorized End Users in the creation of a User ID. Agency agrees to provide Flock with accurate, complete, and updated registration information. Agency may not select as its User ID a name that Agency does not have the right to use, or another person’s name with the intent to impersonate that person. Agency may not transfer its account to anyone else without prior written permission of Flock. Agency will not share its account or password with anyone and must protect the security of its account and password. Unless otherwise stated and defined in this Agreement, Agency may not designate Authorized End Users for persons who are not officers, employees, or agents of Agency. Authorized End Users shall only use Agency-issued email Agenda Packet Page 325 of 401
addresses for the creation of their User ID. Agency is responsible for any activity associated with its account.

Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Agency facilities, as well as by means of assistance from Agency personnel to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services.

3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use the Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content. Although Flock has no obligation to monitor Agency ’s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

4. CONFIDENTIALITY; AGENCY DATA

4.1 Confidentiality. To the extent allowable by applicable FOIA and state-specific Public Records Acts, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Agency includes non-public data provided by Agency to Flock or collected by Flock via the Flock Hardware or Agency Hardware, to enable the provision of the Services, which includes but is not limited to geolocation information and environmental data collected by sensors . The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event will a Party apply less than reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. Flock’s use of the Proprietary Information may include processing the Proprietary Information to send Agency alerts, or to analyze the data collected to identify motion or other events. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. For clarity, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any Agenda Packet Page 326 of 401 potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock, its users, a third party, or the public as required or permitted by law, including respond to an emergency situation. Flock may store deleted Footage in order to comply with certain legal obligations, but such retained Footage will not be retrievable without a valid court order. Flock agrees to provide agency with notice of such access, use, preservation and/or disclosure.

4.2 Agency Data. As between Flock and Agency, all right, title and interest in the Agency Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, non-exclusive, royalty-free, worldwide license to (i) use the Agency Data and perform all acts with respect to the Agency Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2.10 above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify, display, and distribute the Agency Data as a part of the Aggregated Data, (ii) disclose the Agency Data (both inclusive of any Footage) to enable law enforcement monitoring for elected law enforcement Hotlists as well as provide Footage search access to law enforcement for investigative purposes only, and (iii) and obtain Aggregated Data as set forth below in Section 4.5. As between Agency and Non-Agency End Users that have prescribed access of Footage to Agency, each of Agency and Non-Agency End Users will share all right, title and interest in the Non-Agency End User Data. This Agreement does not by itself make any Non-Agency End User Data the sole property or the Proprietary Information of Agency. Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day window to view, save and/or transmit Footage to the relevant government agency prior to its deletion. Notwithstanding the foregoing, Flock automatically deletes Wing Replay after seven (7) days, during which time Agency may view, save and/or transmit such data to the relevant government agency prior to deletion. Flock does not own and shall not sell Agency Data.

4.3 Agency Generated Data in Wing Suite. Parties understand that Flock does not own any right, title, or interest to third-party video integrated into the Wing Suite. Flock may provide Agency with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Wing Suite, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Agency. Agency shall retain whatever legally cognizable right, title, and interest that Agency has in Agency Generated Data. Agency understands and acknowledges that Flock has no obligation to monitor or enforce Agency’s intellectual property rights to Agency Generated Data. To the extent legally permissible, Agency grants Flock a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify, display, and distribute the Agency Generated Data for the sole purpose of providing Flock Services. Flock does not own and shall not sell Agency Generated Data.

4.4 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and Agenda Packet Page 327 of 401
representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

4.5 Aggregated Data. Flock shall have the right to collect, analyze, and anonymize Agency Data and Agency Generated Data to create Aggregated Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Agency hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right (during and after the Term hereof) to use and distribute such Aggregated Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, other Flock offerings, and crime prevention efforts. Parties understand that the aforementioned license is required for continuity of Services. No rights or licenses are granted except as expressly set forth herein. Flock does not sell Aggregated Data.

5. PAYMENT OF FEES

5.1.1 Software Product Fees. For Order Forms listing Wing Suite, Advanced Search and other software-only products, Agency will pay Flock the fees for the Initial Term (as described on the Order Form attached hereto) on or before the 30th day from the date of invoice. For any Renewal Terms, Agency shall pay invoice on or before the 30th day from the date of renewal invoice.

5.1.2 Hardware Product Fees. For Order Forms listing Falcon, Sparrow, Raven and Falcon Flex products, Agency will pay Flock fifty percent (50%) of the fees for the Initial Term as set forth on the Order Form on or before the 30th day from date of invoice. Upon commencement of installation, Flock will issue an invoice for twenty-five percent (25%) of total fees, and Agency shall pay on or before 30th day following date of invoice. Upon completion of installation, Flock will issue an invoice for the remaining balance and Agency shall pay on or before 30th day following date of final invoice. Flock is not obligated to commence the Installation Services unless and until the first payment has been made and shall have no liability resulting from any delay related thereto. For any Renewal Terms, Agency shall pay the total invoice on or before the 30th day from the date of renewal invoice.

5.2 Notice of Changes to Fees. Flock reserves the right to change the fees or applicable charges and to institute new charges and fees on subsequent terms by providing sixty (60) days’ notice prior to the end of such Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email).

5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for invoices must be received by Flock sixty (60) days after the receipt of invoice. If Agency is a non-tax-exempt entity, Agency shall be responsible for all taxes associated with Services other than U.S. taxes based on Flock’s net income. If Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Agency acknowledges and agrees that a failure to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a result of such billing error.

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6. TERM AND TERMINATION

6.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form and shall commence at the time outlined in this section below (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term. a. For Wing Suite products: the Term shall commence upon execution of this Agreement and continue for one (1) year, after which, the Term may be extended by mutual consent of the Parties, unless terminated by either Party. b. For Falcon and Sparrow products: the Term shall commence upon first installation and validation of Flock Hardware.
c. For Raven products: the Term shall commence upon first installation and validation of Flock Hardware. d. For Falcon Flex products: the Term shall commence upon execution of this Agreement. e. For Advanced Search products: the Term shall commence upon execution of this Agreement.

6.2 Termination for Convenience. At any time during the agreed upon Term, either Party may terminate this Agreement for convenience. Termination for convenience of the Agreement by the Agency will be effective immediately. Termination for convenience by Agency will result in a one-time removal fee of $500 per Flock Hardware. Termination for convenience by Flock will not result in any removal fees. Upon termination for convenience, a refund will be provided for Flock Hardware, prorated for any fees for the remaining Term length set forth previously. Wing Suite products and Advanced Search are not subject to refund for early termination. Flock will provide advanced written notice and remove all Flock Hardware at Flock’s own convenience, within a commercially reasonable period of time upon termination. Agency’s termination of this Agreement for Flock’s material breach of this Agreement shall not be considered a termination for convenience for the purposes of this Section 6.2.

6.3 Termination. Notwithstanding the termination provisions in Section 2.5.2, in the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period. Either Party may terminate this Agreement, without notice, (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. Upon termination for Flock’s material breach, Flock will refund to Agency a pro-rata portion of the pre-paid fees for Services not received due to such termination.

6.4 No-Fee Term. Flock will provide Agency with complimentary access to Hotlist alerts, as further described in Section 4.2 (“No-Fee Term”). In the event a Non-Agency End User grants Agency access to Footage and/or notifications from a Non-Agency End User, Agency will have access to Non-Agency End User Footage and/or Agenda Packet Page 329 of 401
notifications until deletion, subject to a thirty (30) day retention policy for all products except Wing Replay, which is subject to a seven (7) day retention policy. Flock may, in their sole discretion, provide access or immediately terminate the No-Fee Term. The No-Fee Term will survive the Term of this Agreement. Flock, in its sole discretion, can determine to impose a price per No-Fee Term upon thirty (30) days’ notice to Agency. Agency may terminate any No-Fee Term or access to future No-Fee Terms upon thirty (30) days’ notice.

6.5 Survival. The following Sections will survive termination: 2.5, 2.6, 3, 4, 5, 6.4, 7.3, 7.4, 8.1, 8.2, 8.3,

8.4, 9.1 and 9.6.

7. REMEDY; WARRANTY AND DISCLAIMER

7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Agency must notify Flock’s technical support as described in Section 2.10 above. If Flock is unable to correct the Defect, Flock shall, or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Flock Hardware provided that such inspection and test shall occur within a commercially reasonable time, but no longer than seven (7) business days after Agency notifies the Flock of a known Defect. In the event of a Defect, Flock will repair or replace the defective Flock Hardware at no additional cost to Agency. Absent a Defect, in the event that Flock Hardware is lost, stolen, or damaged, Agency may request that Flock replace the Flock Hardware at a fee according to the then-current Reinstall policy (https://www.flocksafety.com/reinstall-fee-schedule). Agency shall not be required to replace subsequently lost, damaged or stolen Flock Hardware, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen Flock Hardware and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted. Flock is under no obligation to replace or repair Flock Hardware or Agency Hardware.

7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 if Agency has misused the Flock Hardware, Agency Hardware, or Service in any manner.

7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE EMBEDDED SOFTWARE. FLOCK DOES Agenda Packet Page 330 of 401
NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT

MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 9.6.

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

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

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

Commercial General and Automobile Liability Insurance.

General requirements. Flock, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the Agenda Packet Page 331 of 401 general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.

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

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

Professional Liability Insurance.

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

Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.

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b. Insurance must be maintained, and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Flock must purchase an extended period coverage for a minimum of five years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.

All Policies Requirements.

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

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

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

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

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

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

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

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

7.6 Compliance with all Applicable Laws; Nondiscrimination. Flock shall comply with all applicable local, state, and federal laws, regulations, and ordinances in the performance of this Agreement. Flock shall not discriminate in the provision of service or in the employment of persons engaged in the performance of this Agreement on account of race, color, national origin, ancestry, religion, gender, marital status, sexual orientation, age, physical or mental disability in violation of any applicable local, state, or federal laws or regulations.

7.7 Prevailing Wage.

A. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Purchase Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Flock or by any subcontractor shall receive the wages herein provided for. Flock shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages.

The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by Flock to each worker.

B. An error on the part of an awarding body does not relieve Flock from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770-1775. The Agency will not recognize any claim for additional compensation because of the payment by Flock for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by Flock.

C. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, Flock shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.

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7.8 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third-Party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, weather conditions or acts of hackers, internet service providers or any other third Party acts or omissions. Force Majeure includes the novel coronavirus Covid-19 pandemic, and the potential spread of variants, which is ongoing as of the date of the execution of this Agreement.

8. LIMITATION OF LIABILITY; NO FEE TERM; INDEMNITY

8.1 Limitation of Liability. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. NOTWITHSTANDING ANYTHING TO THE

CONTRARY, FLOCK AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND

TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER

OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR

INTERRUPTION OF USE OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF

DATA OR FOOTAGE OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY MATTER BEYOND FLOCK’S ACTUAL

KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR

INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (C) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (D) FOR CRIME PREVENTION; OR (E) FOR ANY AMOUNTS THAT, TOGETHER WITH

AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED TWICE THE FEES PAID AND/OR

PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 9.6.

8.2 Non-Liability of Officials, Employees, and Agents. No officer, official, employee or agent of agency shall be personally liable to Flock in the event of any default or breach by Agency or for any amount which may become due to Flock pursuant to this Agreement.

8.3 Additional No-Fee Term Requirements. IN NO EVENT SHALL FLOCK’S AGGREGATE LIABILITY, IF

ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO-FEE TERM AS DESCRIBED IN SECTION 6.4 EXCEED $100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Parties acknowledge and agree that the essential purpose of this Section 8.2 is to allocate the risks under the No-Fee Term Agenda Packet Page 335 of 401 described in Section 6.4 and limit potential liability given the aforementioned complimentary service, which would have been substantially higher if Flock were to assume any further liability other than as set forth herein. Flock has relied on these limitations in determining whether to provide the complementary No-Fee Term. The limitations set forth in this Section 8.2 shall not apply to claims or damages resulting from Flock’s other obligations under this Agreement.

8.4 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees.

9. INDEMNIFICATION
Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses in connection with any claim or action that arises from an alleged violation of Section 3.1, a breach of this Agreement, Agency’s Installation Obligations, Agency’s sharing of any data in connection with the Flock system, Flock employees or agent or Non-Agency End Users, or otherwise from Agency’s use of the Services, Flock Hardware, Agency Hardware and any Embedded Software, including any claim that such actions violate any applicable law or third Party right. Although Flock has no obligation to monitor Agency’s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of Section 3.1 or this Agreement.

10. MISCELLANEOUS

10.1 Compliance With Laws. The Agency agrees to comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s). In the event Flock is legally compelled to comply with a judicial order, subpoena, or government mandate, to disclose Agency Data or Agency Generated Data, Flock will provide Agency with notice.

10.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

10.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

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10.4 Entire Agreement. This Agreement, together with the Order Form(s), the then-current Reinstall policy (https://www.flocksafety.com/reinstall-fee-schedule), Deployment Plan(s), and any attached addenda are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Agency’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail.

10.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Agency does not have any authority of any kind to bind Flock in any respect whatsoever. Flock shall at all times be and act as an independent contractor. Flock does not have any authority of any kind to bind Agency to any contracts or obligations in any respect whatsoever.

10.6 Governing Law; Venue. This Agreement shall be governed by the laws of the State in which the Agency is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Agency is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

10.7 Publicity. Upon prior consent from Agency, Flock has the right to reference and use Agency’s name and trademarks and disclose the nature of the Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock’s website.

10.8 Export. Agency may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in Federal Acquisition Regulation (“FAR”), section 2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be Agenda Packet Page 337 of 401
governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

10.9 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

10.10 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.

10.11 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
AGENCY NOTICES ADDRESS:
10900 SAN PABLO AVE.

EL CERRITO, CA 94530
ATTN:CHIEF OF POLICE
EMAIL: [email protected]
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Policy
437
El Cerrito Police Department
El Cerrito PD Policy Manual
Copyright Lexipol, LLC 2023/03/14, All Rights Reserved.

Published with permission by El Cerrito Police Department Automated License Plate Readers (ALPRs) - 1
Automated License Plate Readers (ALPRs)
437.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology. 437.2 POLICY
The policy of the El Cerrito Police Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public.

All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public review.

The El Cerrito Police Department does not permit the sharing of ALPR data gathered by the City or its contractors for the purpose of federal immigration enforcement, pursuant to the California VAlues Act (Government Code § 7282.5; Government Code § 7284.2, et seq). 437.3 ADMINISTRATION
The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates. It is used by the El Cerrito Police Department to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery.

All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Administrative Services Division Commander. The Administrative Services Division Commander will assign members under his/her command to administer the dayto-day operation of the ALPR equipment and data. 437.3.1 ALPR ADMINISTRATOR
The Administrative Services Division Commander shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information.
(b) Training requirements for authorized users.
(c) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (d) Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52.

Agenda Item No. 9.A.

Published with permission by El Cerrito Police Department Automated License Plate Readers (ALPRs) - 2
(e) The title and name of the current designee in overseeing the ALPR operation. (f) Working with the Custodian of Records on the retention and destruction of ALPR data. (g) Ensuring this policy and related procedures are conspicuously posted on the department's website.
437.4 OPERATIONS
Use of an ALPR is restricted to the purposes outlined below. Department members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
(a) An ALPR shall only be used for official law enforcement business. (b) An ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR.
(c) Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles.
(d) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training.
(e) No ALPR operator may access department, state or federal data unless otherwise authorized to do so.
(f) If practicable, the officer should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert.
(g) The ALPR system shall not be used for the purposes of harassment or intimidation. 437.5 DATA COLLECTION AND RETENTION
The Administrative Services Division Commander is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. Data will be transferred from vehicles to the designated storage in accordance with department procedures.

All ALPR data downloaded to the server should be stored for no more than 30 days and in accordance with the established records retention schedule. Thereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence.

All ALPR data will not be sold, accessed, or used for any purpose other than legitimate law enforcement or public safety uses.

Published with permission by El Cerrito Police Department Automated License Plate Readers (ALPRs) - 3
437.6 ACCOUNTABILITY
All data will be closely safeguarded and protected by both procedural and technological means.

The El Cerrito Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). (b) Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action.
(c) ALPR system audits should be conducted on a regular basis.

For security or data breaches, see the Records Release and Maintenance Policy. 437.7 RELEASING ALPR DATA
The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law, using the following procedures:
(a) The agency makes a request for the ALPR data.
(b) The request is reviewed by the Administrative Services Division Commander or the authorized designee and approved before the request is fulfilled. (c) The approved request is retained on file.

Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55). 437.8 TRAINING
The Training Manager should ensure that members receive department-approved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53).

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Axon Evidence with Flock ALPR Source Letter Version 1.0 Page 1 of 1 February 2, 2023
To: El Cerrito Police Department
Re: Sole source letter for Axon Evidence digital evidence management services and Flock automated license plate recognition technology A sole source justification exists because Axon Enterprise, Inc. ("Axon") is the only digital evidence management system with the express right to integrate Flock's automated license plate recognition technology with Axon Evidence services.

Axon's relevant SKUs for this justification include the following:

1. 74300 Flock Safety ALPR Camera System

2. 74302 Flock Safety ALPR Camera System Installation
Sincerely,
Josh Isner
Chief Revenue Officer
Axon Enterprise, Inc.

Flock is a trademark of Flock Group, Inc., dba Flock Safety.

The Axon + Delta Logo Axon, and Axon Enterprise are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. For more information visit www.axon.com/legal. All rights reserved. © 2021 Axon Enterprise, Inc.

Agenda Item No. 9.A.

Attachment 4
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El Cerrito City CouncilMarch 21, 2023

El Cerrito City Council
March 21, 2023