Mayor Councilmembers
Lisa Motoyama Paul Fadelli
Mayor Pro Tem Gabriel Quinto
Tessa Rudnick AGENDA Carolyn Wysinger
TUESDAY, APRIL 4, 2023
SPECIAL CITY COUNCIL MEETING (4:45 PM)
Hillside Conference Room - 10890 San Pablo Ave, El Cerrito Join Via Zoom:
https://us06web.zoom.us/j/83099734633?pwd=QTU3cTRrTURKOWxmZnl2MTU0TFNPQT09 Meeting ID: 830 9973 4633 Password: 827292 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/83639094134?pwd=SVRWSEo0QUlXWUF0d05BQldOVkc3UT09 Meeting ID: 836 3909 4134 Password: 530555 Dial in: 1-408-638-0968 View (Regular Meeting Only):
1. Cable T.V. Broadcast on KCRT Channel 28
2. Livestream Online at www.el-cerrito.org/CouncilMeetingMaterials 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. 4:45 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
Agenda Packet Page 1 of 82
Mayor Councilmembers
Lisa Motoyama Paul Fadelli
Mayor Pro Tem Gabriel Quinto
Tessa Rudnick AGENDA Carolyn Wysinger
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. COMMISSION INTERVIEWS, STATUS AND APPOINTMENTS
Action Proposed: Staff requests that City Council conduct interview(s) and, at the conclusion, 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. Charlety, City Clerk, City Management
4. 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
5. ADJOURN REGULAR CITY COUNCIL MEETING
6:00 PM ROLL CALL – CONVENE REGULAR CITY COUNCIL MEETING
1. PLEDGE OF ALLEGIANCE TO THE FLAG OR OBSERVATION OF A
MOMENT OF SILENCE
2. TELECONFERENCE AND PUBLIC COMMENT INSTRUCTIONS
3. COUNCIL/STAFF COMMUNICATIONS
Reports of closed session, commission appointments and informational reports on matters of general interest which are announced by the City Council and staff.
4. ORAL COMMUNICATIONS FROM THE PUBLIC
Remarks are typically limited to 3 minutes per person. The Mayor may reduce the time limit per speaker depending upon the number of speakers and may limit the total time for public comment to facilitate the completion of business on the agenda. Comments regarding non-agenda, presentation and consent calendar items will be heard first.
Agenda Packet Page 2 of 82
Mayor Councilmembers
Lisa Motoyama Paul Fadelli
Mayor Pro Tem Gabriel Quinto
Tessa Rudnick AGENDA Carolyn Wysinger
Comments related to items appearing on the Public Hearing or Policy Matter portions of the Agenda will be heard prior to the City Council taking action on each item.
5. PRESENTATIONS
A. El Cerrito Library Update and National Library Week Proclamation Action Proposed: Receive and file an update from the El Cerrito Library and pass a motion to approve a proclamation declaring April 23-29, 2023 as National Library Week in the City of El Cerrito and encourage all residents to visit the library.
Contact: Heidi Goldstein, Senior Community Library Manager, Contra Costa County Library
B. 2022 El Cerrito National Community Survey Presentation Action Proposed: Receive and file a presentation of results from the 2022 National Community Survey conducted in El Cerrito.
Contact: Brandon Barnett, Survey Research Team Manager, Polco; Karen Pinkos, City Manager, City Management
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.
A. Environmental Quality Committee Appointment Recommendation Action Proposed: Approve an Environmental Quality Committee recommendation to appoint Pamela Austin to the Environmental Quality Committee, effective April 11, 2023.
Contact: Christina Leard, Management Analyst III; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
B. Earth Day Proclamation
Action Proposed: Pass a motion to approve a proclamation declaring Saturday, April 15, 2023 as “Earth Day” in the City of El Cerrito and encouraging all residents and businesses to help make El Cerrito a greener, healthier, more sustainable place for all.
Contact: Laurenteen Brazil, Waste Prevention Specialist; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department Agenda Packet Page 3 of 82
Mayor Councilmembers
Lisa Motoyama Paul Fadelli
Mayor Pro Tem Gabriel Quinto
Tessa Rudnick AGENDA Carolyn Wysinger
C. Fair Housing Month Proclamation
Action Proposed: Pass a motion to approve a proclamation to proclaim April as Fair Housing Month in El Cerrito.
Contact: Holly M. Charlety, City Clerk, City Management D. Resolution of Support to End Oil and Gas Drilling in Contra Costa County
Action Proposed: Adopt a Resolution Urging Contra Costa County to end new permitting of oil and gas drilling in Contra Costa County, and phase out existing oil and gas development activites and associated infrastructure.
Contact: Holly M. Charlety, City Clerk, City of El Cerrito E. El Cerrito del Norte Transit-Oriented Development Complete Streets Improvement Project - Cooperative Agreement No. 04-2921 Action Proposed: Adopt a resolution approving and authorizing the City Manager to execute Cooperative Agreement No. 04-2921 (Cooperative Agreement) between the State of California Department of Transportation (Caltrans) and the City of El Cerrito (City) for the Construction component of the El Cerrito del Norte Transit-Oriented Development (TOD) Complete Streets Improvement Project.
Contact: Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
F. Authorize Annual Report for Landscaping and Lighting Assessment District for Fiscal Year 2023-24
Action Proposed: Adopt a resolution directing NBS Local Government Solutions (NBS) to prepare and file the annual Landscaping and Lighting Assessment District No. 1988-1 report for Fiscal Year (FY) 2023-24.
Contact: Holly Charléty, City Clerk, City Management; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
7. PUBLIC HEARINGS
8. POLICY MATTERS
Agenda Packet Page 4 of 82
Mayor Councilmembers
Lisa Motoyama Paul Fadelli
Mayor Pro Tem Gabriel Quinto
Tessa Rudnick AGENDA Carolyn Wysinger
9. CITY COUNCIL LOCAL & REGIONAL LIAISON ASSIGNMENTS
Mayor and City Council communications regarding local and regional liaison assignments, committee reports, and any required reporting under AB 1234 for meetings (as defined by the Brown Act) attended at the public's expense.
10. ADJOURN REGULAR CITY COUNCIL MEETING
The next regularly scheduled City Council meeting is Tuesday, April 18, 2023 at 6:00 p.m.
The City of El Cerrito serves, leads and supports our diverse community by providing exemplary and innovative services, public places and infrastructure, ensuring public safety and creating an economically and environmentally sustainable future.
Agenda Packet Page 5 of 82
AGENDA BILL
Agenda Item No. 3.
Date: April 4, 2023
To: El Cerrito City Council
From: Holly M. Charlety, City Clerk, City Management
Subject: COMMISSION INTERVIEWS, STATUS AND APPOINTMENTS
ACTION PROPOSED
Staff requests that City Council conduct interview(s) and, at the conclusion, 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.
BACKGROUND/ANALYSIS
City staff continues to publicize board, commission and committee vacancies as they occur. Vacancies are published on the City’s website and in the West County Times; posted at City Hall, the Community Center, the Library and other various locations throughout the City including Little Libraries. Staff continues to utilize the City Manager's Update, social media outlets, and press releases to increase awareness and opportunities for citizens to participate by attending meetings and/or serving on a Board, Commission or Committee.
INTERVIEW SCHEDULE
Interviews scheduled for this meeting are as follows:
4:45 Troy Tyler Park and Recreation Commission
5:00 Mina Wilson Human Relations Commission
STRATEGIC PLAN CONSIDERATIONS
This section is not applicable to this agenda item.
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:
Agenda Packet Page 6 of 82
Agenda Item No. 3.
Holly Charléty, City Clerk
Attachments:
1. Current Rosters
2. Current Vacancies
Agenda Packet Page 7 of 82
Park and Recreation Commission
Term Length: 48 Months Max Terms: 2 Term(s)
Number of Members: 7 Meeting Schedule: 4th Wednesday of the Month Meeting Time: 7:00 PM
Meeting Location: Council Chambers
Meeting Address: 10890 San Pablo Avenue, El Cerrito, CA Type: Commission
Description:
The Park and Recreation Commission acts in an advisory capacity to the City Council on all matters pertaining to public recreation, including parks, playgrounds, landscaping, childcare, the arts, educational courses and entertainment.
Council Liaison:
Mayor Pro Tem Tessa Rudnick
[email protected]
Staff Liaison:
Chris Jones
510-559-7005
[email protected]
Position
Number Name Appt Date No. of Terms Served Term Expiration Date 1 Norman La Force 03/01/2020 2 03/01/2024
2 Carinne Brody 03/01/2023 1 03/01/2027
5 Jennifer Kaczor 03/01/2021 1 03/01/2025
Agenda Packet Page 8 of 82
Human Relations Commission
Term Length: 48 Months Max Terms: 2 Term(s)
Number of Members: 7 Meeting Schedule: 2nd Wednesday of the Month Meeting Time: 7:00 PM
Meeting Location: Council Chambers
Meeting Address: 10890 San Pablo Avenue, El Cerrito, CA Type: Commission
Description:
The purpose of the Human Relations Commission is to initiate educational and cultural programs, promote tolerance and mutual respect between all persons. When requested by the City Council, the Commission will evaluate and make recommendations regarding discrimination charges levied against the City. Commission members shall be generally representative of the demographics of the City including the racial, religious, age, gender, ethnic, and other groups.
Council Liaison:
Mayor Pro Tem Tessa Rudnick
[email protected]
Staff Liaison:
Shannon Bassi
510-215-4323
[email protected]
Position
Number Name Appt Date No. of Terms Served Term Expiration Date 1 Rebecca Curry 03/01/2023 1 03/01/2027
3 Buddy Akacić 03/01/2021 2 03/01/2025
Agenda Packet Page 9 of 82
CURRENT VACANCIES
ON BOARDS, COMMISSIONS & COMMITTEES
OFFICE OF THE CITY CLERK
CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94530
Telephone (510) 215-4305 Fax (510) 215-4379 http://www.el-cerrito.org The El Cerrito City Council is seeking applicants interested in serving on its Boards, Commissions and Committees (Advisory Bodies). Members of Advisory Bodies provide an invaluable service to our community. Serving as a member can be a rewarding experience for community service minded residents. It is an excellent way to participate in local government and to make a personal contribution to the improvement of your community. Members are appointed by the City Council for terms of four years.
Meetings are generally held once a month during evening hours.
Interested parties are required to attend two of the last three meetings of the advisory body applied prior to submitting an application. (this requirement has been temporarily suspended by City Council until 6/30/2023). Applications are accepted on an ongoing basis and will remain valid for a period of one year.
Current vacancies are listed below. Click on the applicable link to find out more information about the advisory body.
Advisory Body Vacancies
Arts & Culture Commission 2
Committee on Aging 5
Citizen Street Oversight Committee* 1
Civil Service Commission* 1
Crime Prevention Committee 10
Economic Development Committee 4
Environmental Quality Committee 5
Human Relations Commission 5
Park and Recreation Commission 4
Urban Forest Committee 9
*exempt from pre-meeting requirement
Select the Apply Now button below or visit
http://el-cerrito.org/ApplicationforCommissions to access the online application.
Accessibility needs may be addressed by contacting the City Clerk.
For more information, please contact [email protected] or 510-215-4305 Last Updated: March 1, 2023
Agenda Packet Page 10 of 82
Agenda Item No. 5.A.
EL CERRITO CITY COUNCIL PROCLAMATION
Recognizing April 23-29, 2023 as National Library Week in the City of El Cerrito WHEREAS, libraries of all types are at the heart of their cities, towns, schools, and campuses, serving their communities; and
WHEREAS, libraries are accessible and inclusive places that foster a sense of belonging and community; and
WHEREAS, today’s libraries and their services extend far beyond the four walls of a building and everyone is welcome to use their resources; and WHEREAS, for people lacking broadband at home, libraries provide access to computers and wi-fi, even checking out internet hotspots and raspberry pie kits; and WHEREAS, libraries strive to develop and maintain programs and collections that are as diverse as the populations they serve and ensure equity of access for all; and WHEREAS, libraries offer opportunities for everyone to explore new worlds and become their best selves through access to technology, multimedia content, and educational programs; and
WHEREAS, in times of crisis, libraries, librarians, and library workers play an invaluable role in supporting their communities both in person and virtually; and WHEREAS, to adapt to our changing world, libraries are expanding their resources and continuing to meet the needs of their patrons; and
WHEREAS, libraries are cornerstones of democracy, promoting the free exchange of information and ideas for all; and
WHEREAS, libraries have long served as trusted and treasured institutions for all members of the community regardless of race, ethnicity, creed, ability, sexual orientation, gender identity, or socio-economic status; and
WHEREAS, libraries, librarians, and library workers are joining library supporters and advocates across the nation to celebrate National Library Week.
NOW, THEREFORE, the City Council of the City of El Cerrito does hereby proclaim April 23 - 29, 2023 as National Library Week and encourages residents to visit their library to access resources and services.
Dated: April 4, 2023
___________________________
Lisa Motoyama, Mayor
Agenda Packet Page 11 of 82
Results for
El Cerrito, CA
2023 National
Community Survey™
Agenda Item No. 5.B.
Agenda Packet Page 12 of 82
Civic Communication &
Analytics Platform
Smarter, better connected communities. A
civic surveying, policy polling, and constituent
communication tech platform.
Advanced Survey Science
& Performance Analytics
Data insights to help communities move forward.
The premiere provider of professional civic surveys
and performance benchmarking analyses.
Exclusive partners of: Questions about our product?
Visit www.polco.us to learn
more
Agenda Packet Page 13 of 82
Monitor trends in
resident opinion
Measure government
performance
Benchmarking
to other
communities
Inform budget,
land use, strategic
planning decisions
Role of Resident Surveys in Local Governance
Agenda Packet Page 14 of 82
Facets of Community Livability
Agenda Packet Page 15 of 82
The National Community Survey™ in El Cerrito
The NCS™ for El Cerrito, CA
● Seventh time conducting The NCS (previous surveys in 2019, 2016, 2012, 2007, 2005, 2003)
● Survey conducted from November 30, 2022– January 11, 2023 ● Mailing approach employed:
● Probability-based sample of 2,800 randomly selected households ● 457 total responses received
● 17% overall response rate
● Non-probability, open-participation survey: 92 responses ● Results statistically weighted to reflect El Cerrito overall ● 95% confidence interval with a +/- 4.6% margin of error Agenda Packet Page 16 of 82
Polco’s Benchmarking Database
More than 500
comparison communities
across the nation.
Representing the opinions
of more than 50 million
residents.
Agenda Packet Page 17 of 82
Overview of
Survey Results
Agenda Packet Page 18 of 82
Facets of
Community
Livability:
Quality
45%
58%
74%
71%
67%
57%
63%
45%
64%
29%
Residents' connection and engagement
with their community
Overall opportunities for education,
culture, and the arts
Overall health and wellness
opportunities
Overall quality of parks and recreation
opportunities
Overall quality of natural environment
Overall feeling of safety
Overall quality of the utility infrastructure
Overall design or layout of residential
and commercial areas
Overall quality of the transportation
system
Overall economic health
PERCENT EXCELLENT or GOOD
Higher
Similar
Lower
COMPARISON TO
NATIONAL
BENCHMARK:
Agenda Packet Page 19 of 82
Facets of
Community
Livability:
Importance
60%
69%
64%
81%
82%
85%
84%
70%
71%
90%
Residents' connection and
engagement with their community
Overall opportunities for education,
culture, and the arts
Overall health and wellness
opportunities
Overall quality of parks and recreation
opportunities
Overall quality of natural environment
Overall feeling of safety
Overall quality of the utility
infrastructure
Overall design or layout of residential
and commercial areas
Overall quality of the transportation
system
Overall economic health
PERCENT ESSENTIAL OR VERY
IMPORTANT
Higher
Similar
Lower
COMPARISON TO NATIONAL
BENCHMARK:
Agenda Packet Page 20 of 82
Balancing Quality and Importance
Agenda Packet Page 21 of 82
Comparisons to National Benchmarks
91 received similar
ratings
27 received
more
negative
ratings
4 received
more
positive
ratings
Agenda Packet Page 22 of 82
Comparisons between 2019 to 2023
98 received similar
ratings
32 received
more
negative
ratings
17 received
more
positive
ratings
Agenda Packet Page 23 of 82
Key Findings
Agenda Packet Page 24 of 82
The City’s natural
environment and
parks and
recreational
opportunities are
valued by residents,
and both areas are a
top priority.
Key Finding #1
Agenda Packet Page 25 of 82
The Natural Environment in El Cerrito
86%
90%
68%
68%
77%
37%
61%
Yard waste pick-up
Recycling
El Cerrito open space
Preservation of natural
areas
Air quality
Water resources
Cleanliness
PERCENT EXCELLENT
OR GOOD
Higher
Similar
Lower
Please rate each of the following in the El
Cerrito community:
COMPARISON
TO
NATIONAL
BENCHMARK:
Agenda Packet Page 26 of 82
Parks and Recreation in El Cerrito
Availability of paths and walking trails
City parks
Fitness opportunities
Recreation programs or classes
Recreation centers or facilities
Recreational opportunities
76%
75%
73%
70%
70%
69%
Agenda Packet Page 27 of 82
Percent excellent or good
Residents generally
feel safe in El Cerrito
but raise some
concerns about
property crime and
crime prevention.
Key Finding #2
Agenda Packet Page 28 of 82
Safety in El Cerrito
70%
74%
79%
92%
52%
From fire, flood, or natural
disaster
From violent crime
From property crime
In El Cerrito's
downtown/commercial
area during the day
In your neighborhood
during the day
PERCENT VERY OR
SOMEWHAT SAFE
Higher
Similar
Lower
COMPARISON TO
NATIONAL
BENCHMARK:
Please rate how safe or unsafe you feel:
Agenda Packet Page 29 of 82
84% 53%
Percent excellent or good
49%
Animal
control
Safety Services in El Cerrito
48%
Fire
services
Emergency
Preparedness
Ambulance/
Emergency
medical
services
69%
Fire
prevention/
education
90%
Crime
Prevention
Agenda Packet Page 30 of 82
Safety in El Cerrito
About
8 in 10
residents gave excellent or good ratings to the El Cerrito Police Department for:
- Treating all residents fairly
- Enforcing the law
- Using appropriate force
7 in 10 residents feel the El Cerrito
Police Department protects residents
from violent crime.
Agenda Packet Page 31 of 82
Residents show
concern about
general
affordability and
their own
economic
outlook.
Key Finding #3
Agenda Packet Page 32 of 82
The Economy in El Cerrito
59%
35%
21%
36%
20%
28%
44%
38%
49%
Economic development
Cost of living
Shopping opportunities
Employment opportunities
Vibrancy of
downtown/commercial area
Variety of business and
service establishments
Overall quality of business
and service establishments
El Cerrito as a place to visit
El Cerrito as a place to work
PERCENT EXCELLENT OR
GOOD
Higher
Similar
Lower
Please rate each of the following in the El
Cerrito community:
COMPARISON
TO
NATIONAL
BENCHMARK:
Agenda Packet Page 33 of 82
Residents value
the city's utility
infrastructure.
Key Finding #4
Agenda Packet Page 34 of 82
Utilities in El Cerrito
91%
49%
89%
91%
73%
67%
57%
Affordable high speed internet
access
Garbage collection
Drinking water
Sewer services
Storm water management
Power (electric and/or gas)
utility
Utility billing
PERCENT EXCELLENT OR
GOOD
Higher
Similar
Lower
Please rate the quality of each of the
following services in El Cerrito:
COMPARISON
TO
NATIONAL
BENCHMARK:
Agenda Packet Page 35 of 82
Additional
Special Topics
Agenda Packet Page 36 of 82
14%
11%
19%
20%
29%
36%
32%
41%
38%
39%
43%
39%
27%
33%
28%
31%
20%
15%
28%
15%
15%
9%
9%
11%
0% 20% 40% 60% 80% 100%
Building a new Public Safety Building (Fire and
Police)
Revitalizing Public Works
Maintenance/Corporation Yard Building
Revitalizing the Clubhouses in City Parks
Redeveloping the Community Center
Rebuilding a Senior Center
Building a new Library at the El Cerrito Plaza
BART development
High priority Medium priority Low priority Not a Priority How much of a priority, if at all, should the City place on the following facility initiatives?
Facility Initiatives
Agenda Packet Page 37 of 82
Strongly
support
33%
Somewhat
support
38%
Somewhat
oppose
17%
Strongly
oppose
12%
Limited Parking on Red Flag Days
How much would you support or oppose
limited parking on residential streets
during red flag days for potential
evacuation in case of an emergency?
Agenda Packet Page 38 of 82
Community Priorities
Tell us how much of a priority, if at all, the City should place on each of the following aspects of the community in the next two years. 90%
88%
84%
84%
79%
78%
76%
Parks (e.g., well-maintained parks/landscaped areas, sports facilities, etc.)
Public Safety (e.g., community safety and compliance with state and local law)
Open Space & Trails (e.g., preserving native plants, wildlife, and scenic vistas)
Library (e.g., informing/involving the community)
Senior Services
Recreation (e.g., high quality, reasonably priced
recreation/leisure activities)
Climate Action (e.g., updating Climate Action Plan, efforts towards becoming a carbon neutral community, etc.)
PERCENT HIGH OR MEDIUM PRIORITY
Agenda Packet Page 39 of 82
Summary of
Conclusions
• The City’s natural environment
and parks and recreational
opportunities are valued by
residents, and both areas are a
top priority.
• Residents generally feel safe in
El Cerrito but raise some
concerns about property crime
and crime prevention.
• Residents show concern about
general affordability and their
own economic outlook.
• Residents value the city’s utility
infrastructure.
Agenda Packet Page 40 of 82
What findings
did you expect?
What findings were
surprising?
In what areas
should you
focus?
Are there areas
where you need to
dig deeper?
Debriefing The Survey Results
Agenda Packet Page 41 of 82
Continue Resident Engagement on Polco
Agenda Packet Page 42 of 82
Polco Performance Dashboards
Agenda Packet Page 43 of 82
Questions?
Agenda Packet Page 44 of 82
Thank you!
Brandon Barnett
Survey Research Team Manager
Polco/National Research Center
[email protected]
Agenda Packet Page 45 of 82
AGENDA BILL
Agenda Item No. 6.A.
Date: April 4, 2023
To: El Cerrito City Council
From: Christina Leard, Management Analyst III; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Subject: Environmental Quality Committee Appointment Recommendation
ACTION PROPOSED
Approve an Environmental Quality Committee recommendation to appoint Pamela Austin to the Environmental Quality Committee, effective April 11, 2023.
BACKGROUND/ANALYSIS
In January 2023, the City received an application for appointment to the Environmental Quality Committee (EQC) from Pamela Austin. Before the March 14, 2023, regular meeting of the EQC, two members of the Committee interviewed Ms. Austin. During the EQC’s meeting which immediately followed the interview, the EQC members that interviewed Ms. Austin voiced their strong support for her appointment. Following several supportive comments, the EQC voted unanimously to recommend to the City Council that Ms. Austin be appointed to the EQC.
Ms. Austin has been a resident of El Cerrito for 19 years. In her application to serve on the EQC, she voiced her interest in contributing to solve environmental challenges in her community. Ms. Austin brings to the EQC relevant experience as a Contra Costa Master Gardener, Treasurer of the El Cerrito Trail Trekkers, and Treasurer of the El Cerrito Garden Club. Ms. Austin worked for Citibank, Inc. for 30 years and holds a bachelor’s degree in Social Welfare.
If the City Council approves this recommendation, the number of Committee members will be eleven (11) out of a possible membership total of fifteen (15).
STRATEGIC PLAN CONSIDERATIONS
The work of the members on the EQC is instrumental in helping the City achieve the El Cerrito Strategic Plan Goal to “Foster environmental sustainability citywide.” The EQC initiates and supports a variety of activities that advance all the strategies this goal as follows:
• Be a leader in setting policies and providing innovative programs that promote environmental sustainability;
• Promote environmental education to facilitate behavioral changes; • Implement policies to promote waste diversion;
• Encourage alternative modes of transportation; and
• Implement and monitor the Climate Action Plan.
Agenda Packet Page 46 of 82
Agenda Item No. 6.A.
ENVIRONMENTAL CONSIDERATIONS
The Environmental Quality Committee supports the City in developing programs and policies that help protect the local environment (e.g., Expanded Foodware Ordinance), while also engaging in activities that have a direct impact on environmental quality (e.g., volunteer litter and creek cleanups).
FINANCIAL CONSIDERATIONS
This section is not applicable to this agenda item.
LEGAL CONSIDERATIONS
This section is not applicable to this agenda item.
Reviewed by:
Karen Pinkos, City Manager
Attachments:
Application(s) on file with the City Clerk
Agenda Packet Page 47 of 82
Agenda Item No. 6.B.
EL CERRITO CITY COUNCIL PROCLAMATION
Designating Saturday, April 15, 2023, as El Cerrito Earth Day WHEREAS, the first Earth Day was proclaimed over 50 years ago, in 1970, in order to foster public awareness around the need to protect the environment and conserve resources; and
WHEREAS, notably, around the same time, the City of El Cerrito’s Recycling Center was founded by community volunteers; and
WHEREAS, the City of El Cerrito has celebrated Earth Day every year in keeping with the spirit of the initial Earth Day, even during the COVID-19 pandemic; and WHEREAS, this year, the City will return to hosting an in-person Earth Day Celebration, where residents and businesses can participate in work parties to clean up and restore habitats in City parks, greenways, creeks, and schools, pick up litter along streets and in commercial areas, and take other steps to reduce their environmental impact, followed by an appreciation lunch at the Community Center; and
WHEREAS, this event will be an opportunity to continue becoming a more environmentally sustainable community and celebrate with an appreciation lunch that will include informational tables from City Departments, local agencies such as MCE Clean Energy, and community groups, an activity for kids provided by the El Cerrito Creative ReUse (ECCRU) Artists in Residence, a plant giveaway sponsored by the Community Garden Network with the El Cerrito Garden Club, and more; and
WHEREAS, the City is also encouraging residents and businesses to take actions on Earth Day, throughout the month of April, and throughout the year, to help the environment by incorporating environmental practices into their day-to-day activities by: planting droughttolerant plants, giving up meat for a period of time, starting a garden that supports pollinators, adjusting thermostats to use less energy, opting up to MCE’s “Deep Green” 100% renewable energy option, and/or learning more about the City’s environmental programs at www.el-cerrito.org/Green; and
WHEREAS, the City of El Cerrito seeks to involve all community members in these activities with the goal of improving our local environment, becoming more aware of the global environment, and addressing adverse environmental impacts which historically have been spread disproportionately around the community and around the region.
NOW THEREFORE, the City Council of the City of El Cerrito does hereby proclaim Saturday, April 15, 2023, as “Earth Day” in the City of El Cerrito and encourages all residents and businesses to help make El Cerrito a greener, healthier, more sustainable place for all.
Dated: April 4, 2023
___________________________
Lisa Motoyama, Mayor
Agenda Packet Page 48 of 82
Agenda Item No. 6.C.
EL CERRITO CITY COUNCIL PROCLAMATION
Recognizing April 2023 as Fair Housing Month in El Cerrito WHEREAS, April 2023 marks the 55th anniversary of the passage of the Fair Housing Act, which enunciates a national policy of fair housing for all who live in the United States; and
WHEREAS, the Fair Housing Act prohibits discrimination based on race, color, religion, gender, sexual orientation, disability, familial status, national origin, or any other protected class; and
WHEREAS, fair housing is a positive community good; and WHEREAS, economic stability, community health, and human relations in all communities are improved by diversity and integration; and WHEREAS, Fair Housing is integral to the ethical commitment of members of the National Association of REALTORS® and the Contra Costa Association of REALTORS® and is critical to the ability of all real estate professionals to serve their clients, customers and communities; and
WHEREAS, acts of housing discrimination and barriers to equal housing opportunity are repugnant to a common sense of decency and fairness.
NOW THEREFORE, the City Council of the City of El Cerrito does hereby proclaim the month of April, 2023 as “Fair Housing Month” in El Cerrito to emphasize El Cerrito as an inclusive community committed to fair housing and to promote appropriate activities by private and public entities intended to provide or advocate for equal housing opportunities for all residents and prospective residents of El Cerrito.
Dated: April 4, 2023
___________________________
Lisa Motoyama, Mayor
Agenda Packet Page 49 of 82
Agenda Item No. 6.D.
RESOLUTION 2023-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO URGING
CONTRA COSTA COUNTY TO END NEW PERMITTING OF OIL AND GAS DRILLING
IN CONTRA COSTA COUNTY AND PHASE OUT EXISTING OIL AND GAS
DEVELOPMENT ACTIVITIES AND ASSOCIATED INFRASTRUCTURE
WHEREAS, on August 28, 2019 the El Cerrito City Council adopted Resolution 2019-52 declaring a climate emergency and to support and participate in collaborative efforts to reverse global warming at the City, region, state, national, and global levels to protect our residents; and
WHEREAS, the Contra Costa County Board of Supervisors in September 2020 declared a Climate Emergency within Contra Costa County that demands “accelerated actions on the climate crisis and calls on local and regional partners to join together to address climate change” by moving away from a fossil fuel-dependent economy; and WHEREAS, the Contra Costa County Climate Emergency Resolution No. 2020/256 cites a June 2019 resolution signed by 70 health organizations, including the American Medical Association and American Public Health Association, which identifies climate change as an urgent health emergency; and
WHEREAS, in May 2021, the International Energy Agency (IEA), the world’s leading energy organization, stated that “no new oil and natural gas fields are needed in the net zero pathway,” and exploitation and development of new oil and gas fields needed to end in 2021 if the world were to stay within safe limits of global heating and meet the goal of net zero emissions by 2050; and
WHEREAS, a Scientific Advisory Panel appointed by the State of California Geologic Energy Management agency reports that health-damaging air pollutants, including criteria air pollutants and toxic air contaminants, are more concentrated near OGD [oil and gas development] activities compared to further away, and cites “evidence of harm linked to OGD activity at distances greater than 1 km” (or 3,281’); and WHEREAS, the Scientific Advisory Panel also states that the most healthprotective approach is to stop drilling and developing new oil and gas wells, phase out existing OGD activities and associated infrastructure, and properly plug and remediate legacy wells; and
WHEREAS, in a 14-year analysis of air quality across the state of California, Stanford researchers observed higher levels of air pollutants within 2.5 miles of oil and gas wells, likely worsening negative health outcomes for nearby residents; and WHEREAS, pollutants emitted by OGD, such as particulate matter (PM2.5), carbon monoxide, nitrous oxide, ozone and volatile organic compounds, can harm our respiratory and reproductive systems or cause cancer; have adverse effects on our hearts Agenda Packet Page 50 of 82
Agenda Item No. 6.D.
and brains, including neurodegenerative disease, and may lead to movement disorders such as Parkinson’s, which has a negative impact on cognitive ability; increase the rate of dementia in the elderly, and may cause depression and anxiety; and WHEREAS, in addition to emitting health-hazardous air-borne pollutants, oil and gas extraction also releases methane, which is 86 times more potent a greenhouse gas than carbon dioxide over a twenty-year period and responsible for 25% of the warming felt today, jeopardizing the continued habitability of our planet and the future prospects of generations to come; and
WHEREAS, the County is currently proposing that oil and gas production remain a permitted land use under its new General Plan, except in “sensitive ecological areas” and within 3,200’ of sensitive receptors, such as hospitals, schools and senior facilities; and
WHEREAS, the state’s own Scientific Advisory Panel finds that “setbacks do not reduce harms from OGD contributions to regional air pollutant levels, such as secondary particulate matter and ozone, or greenhouse gases, such as methane, which are nearly always comingled with health-damaging air pollutants”; and WHEREAS, the effects of climate change and natural disasters do not end strictly at the borders of one jurisdiction or another, and toxic pollution from oil and gas production on County land negatively impacts the health and safety of residents of nearby cities, contradicts existing city and County mandates to ensure safe and healthy communities and effect greenhouse gas reduction, and exacerbates the widening climate crisis; and WHEREAS, 130 Contra Costa health professionals and students have signed in support of banning oil and gas drilling within the County, as have the Contra Costa County Sustainability Commission, the Diablo Water District, over 50 county-based environmental and social justice organizations, and a growing number of Contra Costa cities; and
WHEREAS, in 2022 the Antioch City Council approved a permanent ban on oil and gas drilling, production, and exploratory operations within its city limits, and the Brentwood City Council unanimously approved an immediate moratorium on oil and gas drilling within its own; and
WHEREAS, on March 14, 2023 the El Cerrito Environmental Quality Committee made a recommendation in support of the City Council adopting a resolution urging Contra Costa County to take these actions.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that in recognition of the fundamental incompatibility of fossil fuel extraction with effective climate action, and in the spirit of regional collaboration evoked by both the City and the County, that the City Council strongly urges the Board of Supervisors of Contra Costa Agenda Packet Page 51 of 82
Agenda Item No. 6.D.
County to enact immediate measures to phase out existing oil and gas operations on County lands, and prohibit any new oil and gas drilling.
BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon passage and adoption.
I CERTIFY that at a regular meeting on April 4, 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 52 of 82
AGENDA BILL
Agenda Item No. 6.E.
Date: April 4, 2023
To: El Cerrito City Council
From: Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Subject: El Cerrito del Norte Transit-Oriented Development Complete Streets Improvement Project - Cooperative Agreement No. 04-2921
ACTION PROPOSED
Adopt a resolution approving and authorizing the City Manager to execute Cooperative Agreement No. 04-2921 (Cooperative Agreement) between the State of California Department of Transportation (Caltrans) and the City of El Cerrito (City) for the Construction component of the El Cerrito del Norte Transit-Oriented Development (TOD) Complete Streets Improvement Project.
BACKGROUND
The El Cerrito del Norte TOD Complete Streets Improvement Project (Project) will implement multimodal transportation improvements identified in the San Pablo Avenue Specific Plan and Active Transportation Plan. The Project is intended to support and catalyze 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." Planned improvements consist of enhanced and new protected crosswalks, new context-sensitive bikeways, bus boarding islands, circulation improvements, and various streetscape enhancements.
The Project spans 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. A sizable portion of the Project is on State Route 123, requiring that the Project undergo an extensive Caltrans project development process for design and construction. The Project is funded by a variety of sources including federal, state and regional grants as well as developer fees totaling approximately $13.4 million. The federal funds from the One Bay Area Grant Program are administered by the Caltrans Local Assistance Office, requiring additional steps to obligate the federal funds before the Project can be advertised for construction. Similarly, SB 1 Local Partnership Program funds require additional approval steps through the California Transportation Commission.
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Agenda Item No. 6.E.
In September 2020, the City Council approved Cooperative Agreement 04-2782 for the Caltrans Project Initiation Document (PID) and Project Approval and Environmental (PA&ED) components of the Project (Resolution No. 2020-48). Subsequently, in March 2022, the City Council approved Cooperative Agreement 04-2847 for the Plans, Specifications and Estimates (PS&E) and Right-of-Way components of the Project (Resolution 2022-17).
ANALYSIS
The Cooperative Agreement is in the Caltrans standard format and outlines the responsibilities of Caltrans and the City through the Construction component of the Project. The City is considered both the “Sponsor” and “Lead Agency” under the Cooperative Agreement. As the Sponsor, the City is responsible for managing the scope of the project and securing funding to complete the City’s responsibilities under the Cooperative Agreement or implement changes to the project to ensure the City’s responsibilities can be completed with available funding. As the Lead Agency, the City is responsible for managing the scope, cost, schedule, and quality of the work activities and products of the Construction components. For the Construction component, work activities and products include construction administration, surveying/staking, inspection, quality assurance, and assuring regulatory compliance.
Caltrans, as the owner/operator of the State Highway System (SHS), is responsible for performing quality management work and owner/operator approvals for the portions of work within the SHS right-of-way.
Each party is responsible for the costs they incur to perform their responsibilities under this Agreement.
City staff have submitted the detailed design for Caltrans approval, consisting of the 100% PS&E, as well as applications for approval of utility and right-of-way certifications and an encroachment permit. From a process standpoint, approval of the Cooperation Agreement for the construction components of the Project is needed as soon as possible so that Caltrans can issue the encroachment permit. City staff requests that the City Council approve the Cooperative Agreement so the project can move forward without delay.
STRATEGIC PLAN CONSIDERATIONS
The City’s Strategic Plan articulates the mission of the City to serve, lead, and support our diverse and transit-rich community by providing exemplary and innovative services, public places and infrastructure, ensuring public safety, and creating an economically and environmentally sustainable future. The El Cerrito del Norte TOD Complete Streets Improvement Project is consistent with various El Cerrito Strategic Plan goals, including Develop and rehabilitate public facilities as community focal points; Deepen a sense of place and community identity by promoting strong neighborhoods; and Foster environmental sustainability citywide by encouraging alternative modes of transportation to the single occupancy vehicle. In addition, the project will directly implement improvements identified in several City plans and programs as described above.
Agenda Packet Page 54 of 82
Agenda Item No. 6.E.
ENVIRONMENTAL CONSIDERATIONS
California Environmental Quality Act (“CEQA”) Guidelines require preparation of an Initial Study to identify whether a plan or project will have a significant effect on the environment. For projects with potentially significant impacts, proposed mitigations may be included as part of the environmental review process to ensure that such impacts are mitigated to a less than significant level where possible.
The El Cerrito del Norte TOD Complete Streets Improvement Project is a combination of projects identified in the San Pablo Avenue Specific Plan and Active Transportation Plan. The City Council certified a programmatic Environmental Impact Report and associated Mitigation Monitoring and Reporting Program for the San Pablo Avenue Specific Plan in September 2014, and approved an Initial Study/Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program for the Active Transportation Plan in April 2016. Both documents were prepared per CEQA Guidelines. As part of the Caltrans project development process, City staff and consultants prepared a project checklist to confirm that all impacts of the Project were sufficiently evaluated in these documents. The mitigation measures identified in both Mitigation Monitoring and Reporting Programs will be implemented as appropriate in order to mitigate any identified environmental impacts of the Project under CEQA.
As part of the federal funding requirements, the Project was evaluated for compliance with the National Environmental Policy Act (NEPA), which included conducting several environmental studies. City staff and consultants prepared a Categorical Exclusion with Technical Studies. Caltrans is responsible for determining NEPA compliance and approved the NEPA document on March 1, 2022.
FINANCIAL CONSIDERATIONS
There is no additional funding being requested as part of this action. The City and Caltrans are each responsible for the costs they incur to perform their responsibilities under this Cooperative Agreement. Costs for the City’s responsibilities under this Cooperative Agreement are funded by a variety of sources, including federal, state and regional grants as well as developer fees totaling approximately $13.4 million.
Project funding is included in the FY 2022-23 Adopted Budget and Capital Improvement Program. As described in the January 17, 2023 Agenda Bill, City staff have projected a need for additional funding for construction of the Project due to the unanticipated high inflation and increased costs in the construction industry. As a result, City staff have been actively pursuing a variety of grants including Transportation Funds for Clean Air and Safe Routes to BART. Concurrently, in case all estimated funds are not secured, the project design team have completed a value engineering process and developed additive alternates for the bidding of the Project so that all essential elements of the Project can be constructed using available funding for the Project. If all State approvals are secured later this spring, City staff now anticipate bidding the Project for construction in early summer. Subsequently, City staff will return to the City Council to request award of the construction contract and confirm the available Project funding.
Agenda Packet Page 55 of 82
Agenda Item No. 6.E.
LEGAL CONSIDERATIONS
The proposed Cooperative Agreement is currently in final draft form. The City Attorney has reviewed the agreement, provided comments, and found that legal considerations have been addressed. As noted above, funding for the Project includes SB 1 Local Partnership Program (LPP) funds that are managed by the State. On March 22, 2023, Caltrans staff indicated that they may need to add provisions to the current version of the agreement to specify the SB 1 LPP reimbursement requirements. SB 1 LPP reimbursement requirements are detailed in other Caltrans documents and City staff have successfully fulfilled them on other City projects to obtain reimbursement after expenditures are incurred. As such, these pending revisions are anticipated to be straight-forward and minor. The final agreement will be in substantially the form attached, subject to review and approval by the City Attorney Reviewed by:
Karen Pinkos, City Manager
Attachments:
1. Resolution
2. Exhibit A to the Resolution
Agenda Packet Page 56 of 82
RESOLUTION 2023-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO APPROVING
AND AUTHORIZING THE CITY MANAGER TO EXECUTE COOPERATIVE AGREEMENT NO. 04-2921 (COOPEATIVE AGREEMENT) 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
WHEREAS, the El Cerrito del Norte Transit-Oriented Development (TOD) Complete Streets Improvement Project will implement multimodal transportation improvements identified in the San Pablo Avenue Specific Plan and Active Transportation Plan, adopted by the City Council in September 2014 and April 2016, respectively; and WHEREAS, the Project is intended to support and catalyze 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 by creating a “sense of place” in Uptown El Cerrito; and WHEREAS, the design and construction of the Project is funded by a variety of sources including federal, state and regional grants as well as developer fees totaling over $13 million; and
WHEREAS, a significant portion of the Project is on the State Route 123, including San Pablo Avenue from Potrero Avenue to Cutting Boulevard and Cutting Boulevard from San Pablo Avenue to I-80, and therefore the Project must be approved by Caltrans; and WHEREAS, the City has previously entered into Cooperative Agreement No. 04- 2782 for the Caltrans Project Initiation Document and Project Approval and Environmental Document components of the Project (Resolution No. 2020-48) and Cooperative Agreement 04-2847 for the Plans, Specifications and Estimates (PS&E) and Right-ofWay components of the Project (Resolution 2022-17); and WHEREAS, the proposed Cooperative Agreement No. 04-2921 outlines the responsibilities of Caltrans and the City through the Construction component of project development process; and
WHEREAS, the City is considered both the “Sponsor” and “Lead Agency” under the Agreement and is responsible for establishing the scope of the project, securing funding to complete the City’s responsibilities under the agreement, and managing the scope, cost, schedule, and quality of the work activities and products of the Construction component; and Caltrans, as the owner/operator of the State Highway System (SHS), is responsible for performing quality management work and owner/operator approvals for the portions of work within the SHS right-of-way; and
WHEREAS, each party is responsible for the costs they incur to perform their responsibilities under the proposed Cooperative Agreement No. 04-2921; and Agenda Packet Page 57 of 82
WHEREAS, to obtain Caltrans approval of the Project, specifically an Encroachment Permit, Caltrans requires that the proposed Cooperative Agreement No. 04-2921 be executed; and
WHEREAS, the Project was evaluated in the programmatic Environmental Impact Report and associated Mitigation Monitoring and Reporting Program for the San Pablo Avenue Specific Plan certified in September 2014, and in the Initial Study/Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program for the Active Transportation Plan approved in April 2016. City staff and consultants prepared a project checklist to confirm that all impacts of the Project were sufficiently evaluated in these documents. The mitigation measures identified in both Mitigation Monitoring and Reporting Programs will be implemented as appropriate in order to mitigate any identified environmental impacts of the Project under CEQA.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that it hereby approves and authorizes the City Manager to execute Cooperative Agreement 04-2921 between Caltrans and the City, which shall be in substantially the form attached hereto as Exhibit A, including any minor amendments and subject to final review by the City Attorney.
BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon passage and adoption.
I CERTIFY that at a regular meeting on April 4, 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 April , 2023.
________________________
Holly M. Charléty, City Clerk
APPROVED:
________________________
Lisa Motoyama, Mayor
Agenda Packet Page 58 of 82
Agreement 04-2921
Project No. 0420000117
EA 2AC40
04-CC-123-1.75/2.198
Project Development Agreement 2017-02-17 (Created January 17, 2023) 1 of 18
COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from _______________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of El Cerrito, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.
An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.
RECITALS
1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System per the California Streets and Highways Code, Sections 114 and 130.
2. For the purpose of this AGREEMENT, the City of El Cerrito Transit-Oriented Development (TOD) Complete Streets Improvements Project with the scope of work consisting of new signalized crossings for pedestrians, new bicycle lanes, conversion of one-way to two-way streets, signalization changes on San Pablo Avenue (SR 123) at the intersections of Hill Street and Cutting Boulevard, signing and streetscape enhancements and potentially green infrastructure will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and approval documents (e.g. Project Study Report, Design Engineering Evaluation Report, or Project Report).
3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENT will be referred to hereinafter as WORK:
• CONSTRUCTION
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process.
FINAL DRAFT
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Agreement 04-2921
Project No. 0420000117
EA 2AC40
04-CC-123-1.75/2.198
Project Development Agreement 2017-02-17 (Created January 17, 2023) 2 of 18
4. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.
This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.
PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.
If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.
Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.
PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT.
However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations.
5. The following work associated with this PROJECT has been completed or is in progress:
• CALTRANS approved the Environmental Impact Report on December 2, 2016. (Cooperative Agreement 04-2782).
• CALTRANS approved the Categorical Exclusion on March 1, 2022 (Cooperative Agreement No. 04-2782).
• CITY is developing the R/W Certification (Cooperative Agreement No. 04-2847). • CITY is developing the Plans, Specifications and Estimate (Cooperative Agreement No. 04-2847).
• CITY completed the Project Initiation Document (Cooperative Agreement No. 04-2782). • CITY completed the Project Report on May 16, 2022.
6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.
7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.
FINAL DRAFT
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Agreement 04-2921
Project No. 0420000117
EA 2AC40
04-CC-123-1.75/2.198
Project Development Agreement 2017-02-17 (Created January 17, 2023) 3 of 18
RESPONSIBILITIES
Sponsorship
8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds obligated in this AGREEMENT.
PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operator of the State Highway System.
9. CITY is the SPONSOR for the WORK in this AGREEMENT.
Implementing Agency
10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT. • CITY is the CONSTRUCTION IMPLEMENTING AGENCY.
CONSTRUCTION includes construction contract administration, monument preservation, surveying/staking, inspection, quality assurance, and assuring regulatory compliance. The CONSTRUCTION component budget identifies the capital costs of the construction contract/furnished materials (CONSTRUCTION CAPITAL) and the cost of the staff work in support of the construction contract administration (CONSTRUCTION SUPPORT).
11. CITY will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are the IMPLEMENTING AGENCY of. The QMP describes the IMPLEMENTING AGENCY’s quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and approval.
12. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.
FINAL DRAFT
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Agreement 04-2921
Project No. 0420000117
EA 2AC40
04-CC-123-1.75/2.198
Project Development Agreement 2017-02-17 (Created January 17, 2023) 4 of 18 Funding
13. The WORK does not use funds administered by CALTRANS. PARTIES will amend this AGREEMENT should this condition change.
14. Each PARTY is responsible for the costs they incur in performing the WORK.
CALTRANS’ Quality Management
15. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA) and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way.
16. CALTRANS’ Quality Management Assessment (QMA) efforts are to ensure that CITY's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT’s quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK.
When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.
17. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT.
18. CITY will provide WORK-related products and supporting documentation upon CALTRANS’ request for the purpose of CALTRANS’ quality management work.
19. The cost of CALTRANS’ quality management work is to be borne by CALTRANS.
CEQA/NEPA Lead Agency
20. CITY is the CEQA Lead Agency for the PROJECT.
21. CALTRANS is a CEQA Responsible Agency for the PROJECT.
22. CALTRANS is the NEPA Lead Agency for the PROJECT.
FINAL DRAFT
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Agreement 04-2921
Project No. 0420000117
EA 2AC40
04-CC-123-1.75/2.198
Project Development Agreement 2017-02-17 (Created January 17, 2023) 5 of 18 Environmental Permits, Approvals and Agreements
23. CITY will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to CITY's responsibilities in this AGREEMENT.
24. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT.
25. The PROJECT requires the following environmental permits/approvals:
ENVIRONMENTAL PERMITS/REQUIREMENTS
National Pollutant Discharge Elimination System (NPDES), State Water Resources Control Board
CONSTRUCTION
26. As the CONSTRUCTION IMPLEMENTING AGENCY, CITY is responsible for all CONSTRUCTION WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.
27. CALTRANS will be responsible for completing the following CONSTRUCTION SUPPORT activities:
CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.20.10.xx Quality Management
28. Physical and legal possession of the right-of-way must be completed prior to advertising the construction contract, unless PARTIES mutually agree to other arrangements in writing.
29. Right-of-way conveyances must be completed prior to WORK completion, unless PARTIES mutually agree to other arrangements in writing.
FINAL DRAFT
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Agreement 04-2921
Project No. 0420000117
EA 2AC40
04-CC-123-1.75/2.198
Project Development Agreement 2017-02-17 (Created January 17, 2023) 6 of 18
30. CALTRANS will not issue an encroachment permit to CITY for construction work until the following conditions are met:
• CALTRANS accepts the final plans, specifications, and estimate • CALTRANS accepts the Right-of-Way Certification
• Any new or amended maintenance agreements required for the WORK are executed.
31. CITY will require the construction contractor to furnish payment and performance bonds naming CITY as obligee, and CALTRANS as additional obligee, and to carry liability insurance in accordance with CALTRANS Standard Specifications.
32. CITY will advertise, open bids, award, and approve the construction contract in accordance with the California Public Contract Code and the California Labor Code. By accepting responsibility to advertise and award the construction contract, CITY also accepts responsibility to administer the construction contract.
33. CALTRANS will not issue an encroachment permit to CITY's construction contractor until CALTRANS accepts:
• The payment and performance bonds
• The CONSTRUCTION Quality Management Plan
34. The CONSTRUCTION Quality Management Plan (QMP) will describe how construction material verification and workmanship inspections will be performed at manufacturing sources and the PROJECT job-site. The construction material and Source Inspection QMP (SIQMP) are subject to review and approval by the State Materials Engineer.
35. The CONSTRUCTION Quality Management Plan will address the radiation safety requirements of the California Code of Regulations 17 CCR § 30346 when the work requires Gamma-Gamma Logging acceptance testing for Cast in Drilled Hole (CIDH) pile or whenever else it is applicable. In accordance with these regulations CITY, as the "well operator", will have a written agreement with any consultant or external entity performing these tests.
36. CITY will provide a Resident Engineer and CONSTRUCTION SUPPORT staff that are independent of the construction contractor. The Resident Engineer will be a Civil Engineer, licensed in the State of California, who is responsible for construction contract administration activities.
FINAL DRAFT
Agenda Packet Page 64 of 82
Agreement 04-2921
Project No. 0420000117
EA 2AC40
04-CC-123-1.75/2.198
Project Development Agreement 2017-02-17 (Created January 17, 2023) 7 of 18
37. CALTRANS will review and concur with:
• Change Orders affecting public safety, public convenience, protected environmental resources, the preservation of property, all design and specification changes, and all major changes as defined in the CALTRANS Construction Manual. These Change Orders must receive written concurrence by CALTRANS prior to implementation. • The Stormwater Pollution Prevention Plan (SWPPP) or the Water Pollution Control Plan (WPCP).
38. CITY will administer and process all construction contract claims pursuant to the requirements set forth under Public Contract Code, Section 9204. In addition, all public works claims of $375,000 or less shall be resolved in accordance with Public Contract Code Section 20104, et seq. and other applicable laws.
39. CITY is designated as the Legally Responsible Person pursuant to the Construction General Permit, State Water Resources Control Board (SWRCB) Order Number 2009-0009-DWQ, as defined in Appendix 5, Glossary, and assumes all roles and responsibilities assigned to the Legally Responsible Person as mandated by the Construction General Permit. CITY is required to comply with the CALTRANS MS4 National Pollutant Discharge Elimination System (NPDES) permit for all work within the State Highway System.
40. As the CONSTRUCTION IMPLEMENTING AGENCY, CITY is responsible for maintenance of the State Highway System (SHS) within the PROJECT limits as part of the construction contract until the following conditions are met:
• Any required maintenance agreements are executed for the portions of SHS for which relief of maintenance is to be granted.
• CALTRANS approves a request from CITY for relief from maintenance of the PROJECT or a portion thereof.
41. Upon WORK completion, ownership or title to all materials and equipment constructed or installed for the operations and/or maintenance of the State Highway System (SHS) within SHS right-of-way as part of WORK become the property of CALTRANS.
CALTRANS will not accept ownership or title to any materials or equipment constructed or installed outside SHS right-of-way.
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EA 2AC40
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Project Development Agreement 2017-02-17 (Created January 17, 2023) 8 of 18
42. Within one hundred eighty (180) calendar days following the completion and acceptance of the PROJECT construction contract, CITY will furnish CALTRANS with a complete set of “AsBuilt” plans and Change Orders, including any changes authorized by CALTRANS, using an approved transfer mechanism, such as a CD ROM, flash drive, Filr. The submitted digital files must be completed in accordance with Caltrans specifications, policies, and manuals, including requirements in Sections 2 and 3, of Chapter 17 in the Project Development Procedures Manual, then current CADD User’s Manual (Section 4.3), Plans Preparation Manual, and CALTRANS practice. The plans will have the Resident Engineer’s name, contract number, and construction contract acceptance date printed on each plan sheet, and with the Resident Engineer’s signature only on the title sheet. The As-Built plans will be in Microstation DGN format, version 8.0. When applicable, the digital submittal must also include high accuracy locating and underground facilities data. In addition, CITY will provide one set of As-Built plans and addenda in TIFF format.
The submittal must also include all CALTRANS requested contract records, and land survey documents. The land survey documents include monument preservation documents and records of surveys prepared to satisfy the requirements of the California Professional Land Surveyors Act (Business and Professions Code, Sections 8700 – 8805). Copies of survey documents and Records of Surveys filed in accordance with Business & Professions Code, Sections 8762 and 8771, will contain the filing information provided by the county in which filed.
Schedule
43. PARTIES will manage the WORK schedule to ensure the timely use of obligated funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks.
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Agreement 04-2921
Project No. 0420000117
EA 2AC40
04-CC-123-1.75/2.198
Project Development Agreement 2017-02-17 (Created January 17, 2023) 9 of 18 Additional Provisions
Standards
44. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the:
• CADD Users Manual
• CALTRANS policies and directives
• Plans Preparation Manual
• Project Development Procedures Manual (PDPM)
• Workplan Standards Guide
• Construction Manual
• Construction Manual Supplement for Local Agency Resident Engineers • Local Agency Structure Representative Guidelines
Qualifications
45. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.
Consultant Selection
46. CITY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK.
Encroachment Permits
47. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System (SHS) right-of-way. CITY, their contractors, consultants, agents and utility owners will not work within the SHS right-of-way without an encroachment permit issued in their name. CALTRANS will provide encroachment permits to CITY, their contractors, consultants, and agents at no cost. CALTRANS will provide encroachment permits to utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.
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Agreement 04-2921
Project No. 0420000117
EA 2AC40
04-CC-123-1.75/2.198
Project Development Agreement 2017-02-17 (Created January 17, 2023) 10 of 18
48. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.
Protected Resources
49. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.
Disclosures
50. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 6254.5(e) 7921.505(c)(5) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.
PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.
51. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records.
Hazardous Materials
52. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, irrespective of whether it is disturbed by the PROJECT or not.
HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.
The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.
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Agreement 04-2921
Project No. 0420000117
EA 2AC40
04-CC-123-1.75/2.198
Project Development Agreement 2017-02-17 (Created January 17, 2023) 11 of 18
53. If HM-1 or HM-2 is found the discovering PARTY will immediately notify all other PARTIES.
54. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.
CALTRANS, independent of the PROJECT will pay, or cause to be paid, the cost of HM-1 MANAGEMENT related to HM-1 found within the existing State Highway System right-ofway.
55. CITY, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way. CITY will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.
CITY, independent of the PROJECT, will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State Highway System right-of-way.
56. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM‑2 MANAGEMENT within the PROJECT limits.
CITY and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils (Soil Management Agreement) executed between CALTRANS and the California Department of Toxic Substances Control (DTSC). Under Section 3.2 of the Soil Management Agreement, CALTRANS and CITY each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement.
CITY will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement and burial of soil within the State right-of-way, per Section 4.5 of the Soil Management Agreement, which is subject to CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS.
57. CALTRANS’ acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS’ policy on such acquisition.
Claims
58. CITY may accept, reject, compromise, settle, or litigate claims of any consultants or contractors hired to complete WORK without concurrence from the other PARTY.
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Agreement 04-2921
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EA 2AC40
04-CC-123-1.75/2.198
Project Development Agreement 2017-02-17 (Created January 17, 2023) 12 of 18
59. PARTIES will confer on any claim that may affect the WORK or PARTIES’ liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.
60. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31.
When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.
61. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.
62. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.
Interruption of Work
63. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT rightof-way in a safe and operable condition acceptable to CALTRANS.
64. If WORK stops for any reason, each PARTY will continue with environmental commitments included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes.
Penalties, Judgements and Settlements
65. The cost of awards, judgements, fines, interest, penalties, attorney’s fees, and/or settlements generated by the WORK are considered WORK costs.
66. The cost of legal challenges to the environmental process or documentation are considered WORK costs.
67. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.
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Agreement 04-2921
Project No. 0420000117
EA 2AC40
04-CC-123-1.75/2.198
Project Development Agreement 2017-02-17 (Created January 17, 2023) 13 of 18 Project Files
68. CITY will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty (60) days following the completion of each PROJECT COMPONENT. CITY will assure that the Project History File is prepared and submitted in compliance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three-ring binder and in PDF format.
Environmental Compliance
69. If during performance of WORK additional activities or environmental documentation is necessary to keep the PROJECT in environmental compliance, PARTIES will amend this AGREEMENT to include completion of those additional tasks.
GENERAL CONDITIONS
70. All portions of this AGREEMENT, including the Recitals Section, are enforceable.
Venue
71. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.
Exemptions
72. All CALTRANS’ obligations under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).
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Agreement 04-2921
Project No. 0420000117
EA 2AC40
04-CC-123-1.75/2.198
Project Development Agreement 2017-02-17 (Created January 17, 2023) 14 of 18 Indemnification
73. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
74. Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
Non-parties
75. PARTIES do not intend this AGREEMENT to create a third party beneficiary or define duties, obligations, or rights for entities not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law.
76. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.
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Agreement 04-2921
Project No. 0420000117
EA 2AC40
04-CC-123-1.75/2.198
Project Development Agreement 2017-02-17 (Created January 17, 2023) 15 of 18 Ambiguity and Performance
77. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.
A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.
78. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.
Defaults
79. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.
Dispute Resolution
80. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES’ legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs.
Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.
Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.
PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.
81. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.
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Agreement 04-2921
Project No. 0420000117
EA 2AC40
04-CC-123-1.75/2.198
Project Development Agreement 2017-02-17 (Created January 17, 2023) 16 of 18 Prevailing Wage
82. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.
Work performed by a PARTY’s own employees is exempt from the Labor Code's Prevailing Wage requirements.
If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the DavisBacon and Related Acts, 40 U.S.C. §§ 3141-3148.
When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY’s employees is exempt from federal prevailing wage requirements.
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Agreement 04-2921
Project No. 0420000117
EA 2AC40
04-CC-123-1.75/2.198
Project Development Agreement 2017-02-17 (Created January 17, 2023) 17 of 18 Contact Information
CALTRANS
Pradeep Narra, Project Manager
111 Grand Ave
Oakland, CA 94612
Office Phone: (510) 908-1031
Mobile Phone: (510) 908-1031
Email: [email protected]
CITY OF EL CERRITO
Yvetteh Ortiz, Public Works Director
10890 San Pablo Ave
El Cerrito, CA 94530
Office Phone: (510) 215-4345
Email: [email protected]
FINAL DRAFT
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Agreement 04-2921
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EA 2AC40
04-CC-123-1.75/2.198
Project Development Agreement 2017-02-17 (Created January 17, 2023) 18 of 18
SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Helena (Lenka) Culik-Caro
Deputy District Director, Design
Verification of funds and authority:
Jeffrey Kuehnel
District Budget Manager
Approved as to form and procedure:
Meera Danday
Caltrans Attorney
CITY OF EL CERRITO
Karen Pinkos
City Manager
Attest:
Holly Charlety
City Clerk
Approved as to form and procedure:
Sky Woodruff
City Attorney
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Agenda Packet Page 76 of 82
AGENDA BILL
Agenda Item No. 6.F.
Date: April 4, 2023
To: El Cerrito City Council
From: Holly Charléty, City Clerk, City Management; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Subject: Authorize Annual Report for Landscaping and Lighting Assessment District for Fiscal Year 2023-24
ACTION PROPOSED
Adopt a resolution directing NBS Local Government Solutions (NBS) to prepare and file the annual Landscaping and Lighting Assessment District No. 1988-1 report for Fiscal Year (FY) 2023-24.
BACKGROUND
In 1988, the City Council established Assessment District No. 1988-1 pursuant to the Landscaping and Lighting Act of 1972. This act requires the preparation and filing of an annual report of the assessment district activities.
In November 1996, the voters of El Cerrito approved by a two-thirds majority the continuation of the Landscaping and Lighting Assessment. Since the voters approved the assessment prior to the passage of Proposition 218, this assessment is exempt from Proposition 218’s additional voter requirements. Therefore, the City follows the same annual approval process as in previous years.
California Street and Highway Code §22622 requires the City Council to authorize by resolution the filing of the annual report of the Landscaping and Lighting Assessment District. The annual report includes the various components required to develop the tax roll related to the assessment district. The Council must adopt this report prior to the time that a decision is made about whether or not the assessment will continue in the next fiscal year.
It is expected that NBS, the designated Engineer of Work, will submit the annual report at the April 18, 2023 City Council meeting. At that meeting, the time and place of the public hearing regarding continuation of the assessment district will be set.
ANALYSIS
Without the adoption of the annual report and authorization of the assessment, the City would lose approximately $801,664 in FY 2023-24 that would be used for landscaping and lighting purposes.
NBS was selected in February 2009 through a Request for Proposal process and the agreement was extended for NBS to continue to prepare and file the report this year.
The cost to prepare and file the report is $10,742 and is included in the budget for the Agenda Packet Page 77 of 82
Agenda Item No. 6.F.
Landscape and Lighting Assessment District fund.
STRATEGIC PLAN CONSIDERATIONS
Approving the attached resolution meets Goal B: Achieve long-term financial sustainability, by providing funding for the Landscaping and Lighting Maintenance Program that benefits all residents and businesses of the City.
ENVIRONMENTAL CONSIDERATIONS
This section is not applicable to this agenda item.
FINANCIAL CONSIDERATIONS
The FY 2023-24 budget that will be adopted in June 2023 will recognize Landscaping and Lighting Assessment revenue of $801,664 to pay for budgeted expenses in Fund 203. The assessment revenue will cover $269,091 of personnel costs, $369,373 of nonpersonnel costs, and $163,200 for overhead in connection with administering the program.
LEGAL CONSIDERATIONS
The City Attorney reviewed the proposed action and found that legal considerations have been addressed.
Reviewed by:
Karen Pinkos, City Manager
Attachments:
1. Resolution
2. Budget Estimate FY 2023-24
Agenda Packet Page 78 of 82
RESOLUTION NO. 2023–XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO DESIGNATING
NBS LOCAL GOVERNMENT SOLUTIONS AS THE ENGINEER OF WORK FOR THE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1988-1 AND
DIRECTING NBS TO PREPARE AND FILE THE ANNUAL REPORT FOR FISCAL YEAR 2023-24
WHEREAS, the City of El Cerrito, by Resolution No. 88-53, dated June 6, 1988 adopted Assessment District No. 1988-1 pursuant to the Landscaping and Lighting Act of 1972; and
WHEREAS, said Landscaping and Lighting Act requires the preparation and filing of an annual report defining the charges to the assessment district for Fiscal Year 2023- 24; and
WHEREAS, California Street and Highways Code §22622 requires that the filing of the annual report be authorized by resolution of the City Council; and WHEREAS, the cost to prepare and file the report is included in the budget for the Landscaping and Lighting Assessment District fund.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that it hereby directs NBS Local Government Solutions, the firm designated by this Council as the Engineer of Work for Assessment District No. 1988-1, to file an annual report in accordance with the provisions of the Landscaping and Lighting Act of 1972.
BE IT FURTHER RESOLVED that this Resolution is adopted pursuant to California Street and Highways Code §22622.
BE IT FURTHER RESOLVED, that this Resolution shall become effective immediately upon passage and adoption.
I CERTIFY that at the regular meeting on April 4, 2023, the El Cerrito City Council passed this resolution by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on .
Holly M. Charléty, City Clerk
APPROVED:
Lisa Motoyama, Mayor
Agenda Packet Page 79 of 82
Revenue FY 23‐24
Special Assessment 791,164
Other Local Reimbursement 10,500
801,664
Expenditures
Collect & Admin Svcs 3,963
Legal & Financial Svcs 11,248
Dues & Subscriptions 1,178
Regular Salaries & Wages 137,763
Overtime Pay 4,951
Straight OT 2,086
Special Pay 580
PARS Contribution 439
PERS Contributions 14,400
PERS UAL 49,744
FICA/Medicare 10,537
Medical Benefits 41,943
Life & LTD 1,156
Workers Comp 5,492
Other Technicial Services 1,178
Utilities Energy 22,464
Utilities‐Water & Sewer 165,000
Utilities‐Street Light 38,168
Infrastructure Maint Svcs 12,319
Landscape/Park Mtn Svcs 86,208
Travel & Training 1,071
Landscape & Park Supplies 26,574
Indirect Xfer‐Gen 163,200
801,664
City of El Cerrito
Landscape and Lighting Fund Budget
For the Fiscal Year Ending June 30, 2024
Agenda Packet Page 80 of 82
CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94530
Telephone (510) 215-4305 Fax (510) 215-4379 http://www.el-cerrito.org
SUPPLEMENTAL AGENDA MATERIALS
PUBLIC COMMENT INDEX
REGULAR CITY COUNCIL MEETING
April 4, 2023
The following Public Comments were received by 2:00:00 p.m. 4/4/2023, were provided directly to City Councilmembers in advance of the meeting, and were posted online as supplemental materials at www.el-cerrito.org/CouncilMeetingMaterials
Public Comments – Items Not on the Agenda
1. Cordell Hindler
Agenda Packet Page 81 of 82
From: Cordell Hindler
To: City Clerk
Subject: Public Comment
Date: Thursday, March 30, 2023 3:04:45 PM
Hello Mayor Motoyama, Council Members and Staff,
I Have some comments to the Record
1. For the May 2nd Meeting, the Council Should Consider Inviting Leisa Mcintosh to Provide a Presentation on the Proposed Rate Increases that EBMUD is Going to be Implemented
2. Also to Have Danny Wan to Provide a Presentation on the Plans that the Port of Oakland has In recovering from the Pandemic
Sincerely
Cordell
Agenda Packet Page 82 of 82