Agenda packet — El Cerrito City Council, September 19, 2023 (part 1 of 2)

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

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TUESDAY, SEPTEMBER 19, 2023
SPECIAL CITY COUNCIL MEETING (5:15 PM)
Hillside Conference Room - 10890 San Pablo Ave, El Cerrito Join Via Zoom:
https://us06web.zoom.us/j/81993367330?pwd=a2dWOXdXR0FJeDlEb2RBb0VFK2tuUT09 Meeting ID: 819 9336 7330 Password: 726359 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/84731432246?pwd=NWQ3cWpKV0JMWHZJU0o4MmNuNDVTUT09 Meeting ID: 847 3143 2246 Password: 542729 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. 5:15 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 293
Mayor Councilmembers
Lisa Motoyama Paul Fadelli
Mayor Pro Tem Gabriel Quinto
Tessa Rudnick AGENDA Carolyn Wysinger

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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 interviews and, at the conclusion of interviews, confer with staff regarding ongoing recruitment(s), any remaining vacancies, and the scheduling of further special meetings to conduct interviews (if applicable). Council may decide to make appointments at the conclusion of the meeting.

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

4. ADJOURN SPECIAL CITY COUNCIL MEETING
6:00 PM ROLL CALL – CONVENE REGULAR CITY COUNCIL MEETING

1. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A

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

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

MOMENT OF SILENCE

3. TELECONFERENCE AND PUBLIC COMMENT INSTRUCTIONS

4. 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.

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

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

6. PRESENTATIONS
Agenda Packet Page 2 of 293
Mayor Councilmembers
Lisa Motoyama Paul Fadelli
Mayor Pro Tem Gabriel Quinto
Tessa Rudnick AGENDA Carolyn Wysinger

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

A. Approval of Minutes
Action Proposed: Pass a motion to approve the minutes from the meetings of July 18 and August 15, 2023.

Contact: Holly M. Charléty, City Clerk, City Management B. 55th Anniversary of Eden Housing Proclamation
Action Proposed: Pass a motion to approve a proclamation recognizing Eden Housing's 55th anniversary.

Contact: Holly M. Charléty, City Clerk, City Management C. Hispanic Heritage Proclamation
Action Proposed: Pass a motion to approve a proclamation declaring September 15, 2023- October 15, 2023 as Hispanic Heritage Month, by recognizing and celebrating the histories, cultures, and contributions of American citizens whose ancestors came from Spain, Mexico, the Caribbean, and Central and South America.

Contact: Shannon Bassi, Senior Human Resources Analyst, Human Resources
D. Suicide Prevention Awareness Proclamation
Action Proposed: Pass a motion to approve a proclamation declaring September as Suicide Prevention Awareness Month in the City of El Cerrito.

Contact: Shannon Bassi, Senior Human Resources Analyst, Human Resources
E. Proclamation Recognizing Asher Kessler
Action Proposed: Pass a motion to approve a proclamation recognizing Asher Kessler of East Bay Rough Riders and Coach Lawrence Pang for their outstanding accomplishment in the 16th World Dragon Boat Racing Championships.

Contact: Holly M. Charléty, City Clerk, City Management Agenda Packet Page 3 of 293
Mayor Councilmembers
Lisa Motoyama Paul Fadelli
Mayor Pro Tem Gabriel Quinto
Tessa Rudnick AGENDA Carolyn Wysinger

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F. Monthly Disbursement and Check Register Report for August 2023 Action Proposed: Receive and file the Monthly Disbursement and Check Register Report for the month of August 2023.

Contact: Crystal Reams, Finance Director/City Treasurer, Finance Department
G. 2nd Reading and Adoption of an Ordinance for a Contract Amendment between the City of El Cerrito and the Board of Administration of The California Public Employees' Retirement System (CalPERS) Related to Employee Members of United
Professional Firefighters Association (Local 1230)
1st Reading 8/25/2023
Action Proposed: Waive the second reading and adopt Ordinance 2023-03 amending the City’s existing California Public Employees’ Retirement System (CalPERS) contract.

Contact: Holly M. Charléty, City Clerk, City Management H. Safe Streets for All (SS4A) Cooperative Agreement with Contra Costa Transportation Authority for Richmond Street Complete Streets Improvement Project
Action Proposed: Adopt a resolution approving the Cooperative Agreement between the Contra Costa Transportation Authority (CCTA) and the City of El Cerrito for all phases of project delivery for the Richmond Street Complete Streets Improvement Project consisting of planning, preliminary design and environmental clearance, design including preparation of plans, specifications and estimates (PS&E), right-of-way (ROW) work including utility relocations, and construction, and authorizing the City Manager to execute the agreement in a form approved by the City Attorney.

Contact: Marielle Cuison, Associate Engineer, Public Works Department; Yvetteh Ortiz, Public Works Director/City Engineer I. Authorization of Consulting Services Agreements with Multiple Firms for On-call Building, Planning, Fire and Engineering Consulting Services
Action Proposed: Adopt a resolution authorizing the City Manager to execute professional services agreements with nine (9) consulting firms Agenda Packet Page 4 of 293
Mayor Councilmembers
Lisa Motoyama Paul Fadelli
Mayor Pro Tem Gabriel Quinto
Tessa Rudnick AGENDA Carolyn Wysinger

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to provide on-call professional services for three years, with the option to extend for an additional two years, in a total amount not to exceed $2,000,000.

Contact: Jennifer Bright, Management Assistant; Melanie Mintz, Community Development Director, Community Development Department; Yvetteh Ortiz, Public Works Director, Public Works Department; Chase Beckman, Fire Marshal/Battalion Chief, Fire Department
J. Amendment to Consulting Services Agreement with Baker Tilly to Provide Additional Consulting Services in Fiscal Year 2023-24 Action Proposed: Adopt a resolution authorizing the City Manager to execute a second amendment to the consulting services agreement with Baker Tilly US, LLP (formerly Management Partners) to provide consulting services to the City in an amount not to exceed $25,610 in Fiscal Year 2023-24, with the total contract amount not to exceed $100,000, and extending the term of the agreement to June 30, 2024.

Contact: Will Provost, Assistant to the City Manager, City Management K. Safe Routes to Bay Area Rapid Transit District (BART) Funding Agreement for El Cerrito del Norte Transit-Oriented Development Complete Streets Improvement Project
Action Proposed: Adopt a resolution approving the Safe Routes to BART Funding Agreement (Agreement) between BART and the City of El Cerrito (City) for the El Cerrito del Norte Transit-Oriented Development (TOD) Complete Streets Improvement Project and authorizing the City Manager to execute the Agreement in a form approved by the City Attorney.

Contact: Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
L. Purchase Authorization for Renewable Diesel and Unleaded Gasoline
Action Proposed: Adopt a resolution authorizing the City Manager to enter into fuel purchase agreements through Santa Clara County’s contract bid process for renewable diesel and through the State of California’s contract bid process for unleaded gasoline.

Contact: Karineh Samkian, Senior Program Manager; Susan Kattchee, Interim Operations and Environmental Services Division Manager; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Agenda Packet Page 5 of 293
Mayor Councilmembers
Lisa Motoyama Paul Fadelli
Mayor Pro Tem Gabriel Quinto
Tessa Rudnick AGENDA Carolyn Wysinger

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Department

8. PUBLIC HEARINGS
A. Fire Hazard Abatement
Exempt from CEQA review pursuant to Sections 15304 and 15308, Notice published 9/9/2023
Action Proposed: 1) Adopt a resolution declaring weeds, rubbish, litter, or other flammable material on certain real property identified in the resolution constitutes a public nuisance; and 2) Conduct a public hearing and upon conclusion, adopt a resolution overriding objections by property owners and ordering the City Manager or their designee to abate certain public nuisances pursuant to El Cerrito Municipal Code Chapter 16.26.

Contact: Traviss Crumpacker, Fire Prevention Officer; Chase Beckman, Fire Marshal, Fire Department
B. Cost Hearing Regarding Fire Hazard Abatement of a Public Nuisance for Properties Identified and pursuant to El Cerrito Municipal Code Chapter 16.26
Notice published 9/9/2023
Action Proposed: Conduct a public hearing and upon conclusion adopt a resolution confirming the cost of abatement of public nuisance conditions resulting from the presence of weeds, rubbish, litter or other flammable material on private properties designated in Exhibit A to the resolution as authorized by El Cerrito Municipal Code Chapter 16.26.

Contact: Chase Beckman, Fire Marshal, Fire Department; Traviss Crumpacker, Fire Prevention Officer, Fire Department

9. POLICY MATTERS
A. Establishment of the PARS Post-Employment Benefits Trust Program
Action Proposed: Adopt a Resolution authorizing participation in the PARS Post-Employment Benefits Trust Program to be administered by Public Agency Retirement Services (PARS) and U.S. Bank, appointing the City Manager as the City’s Plan Administrator, authorizing the City Manager to execute the documents to implement the Program, and appropriating from fund balance and authorizing the deposit of $1,000,000 as the initial contribution to the City's trust.

Agenda Packet Page 6 of 293
Mayor Councilmembers
Lisa Motoyama Paul Fadelli
Mayor Pro Tem Gabriel Quinto
Tessa Rudnick AGENDA Carolyn Wysinger

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Contact: Crystal Reams, Finance Director/City Treasurer, Finance Department; Karen Pinkos, City Manager, City Management B. Consideration of a Financial Advisory Board Recommendation to Increase City Council Compensation
Notice published 9/9/2023
Action Proposed: Introduce by title and waive any further reading of an Ordinance to increase the City Council's compensation from $441 per month to $650 per month.

Contact: Crystal Reams, Finance Director/City Treasurer; Sky Woodruff, City Attorney
C. Study Session on City Board, Commission, and Committees Action Proposed: Conduct a study session on City Boards, Commissions, and Committees (Advisory Bodies), consider recommendations made by the City Council ad-hoc committee and if applicable, provide staff direction.

Contact: Holly M. Charléty, City Clerk, City Management on behalf of City Council Ad-hoc Subcommittee of Mayor Lisa Motoyama and Councilmember Paul Fadelli

10. 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.

11. CLOSED SESSION
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Action Proposed: Title: City Manager
Contact: Sky Woodruff, City Attorney, City Management
B. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957
Action Proposed: Agency Designated Representatives: Mayor Pro Tem Tessa Rudnick and City Councilmember Gabe Quinto
Agenda Packet Page 7 of 293
Mayor Councilmembers
Lisa Motoyama Paul Fadelli
Mayor Pro Tem Gabriel Quinto
Tessa Rudnick AGENDA Carolyn Wysinger

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Unrepresented Employee: City Manager
Contact: Sky Woodruff, City Attorney, City Management

12. ADJOURN REGULAR CITY COUNCIL MEETING
The next regularly scheduled City Council meeting is Tuesday, October 3, 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 8 of 293

AGENDA BILL
Agenda Item No. 3.

Date: September 19, 2023
To: El Cerrito City Council
From: Holly M. Charléty, City Clerk, City Management
Subject: COMMISSION INTERVIEWS, STATUS AND APPOINTMENTS

ACTION PROPOSED
Staff requests that City Council conduct interviews and, at the conclusion of interviews, confer with staff regarding ongoing recruitment(s), 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.

INTERVIEW SCHEDULE
Interviews scheduled for this meeting are as follows:
5:30 PM Neela Chatterjee Arts and Culture Commission
5:45 PM Renee Thomas Jacobs Financial Advisory Board
Additional interviews are scheduled on October 3, 2023 for Arts and Culture Commission and Human Relations Commission.

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 East Bay Times, and posted at City Hall, the Community Center and Library. Staff is also utilizing social media outlets to increase awareness and opportunities for citizens to participate by attending meetings and/or serving on a board, commission or committee.

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

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

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

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

Agenda Packet Page 9 of 293
Agenda Item No. 3.

Reviewed by:

Holly Charléty, City Clerk
Attachments:

Application(s) on file with the City Clerk

1. ACC Roster

2. FAB Roster

3. Current Vacancy List

4. List of Active Applications
Agenda Packet Page 10 of 293
Arts and Culture Commission
Term Length: 48 Months Max Terms: 2 Term(s)
Number of Members: 7 Meeting Schedule: 4th Monday of the Month Meeting Time: 7:00 PM
Meeting Location: Council Chambers
Meeting Address: 10890 San Pablo Ave. El Cerrito
Type: Commission
Description:

The ACC is charged with oversight of the Arts in Public Places Program, City Hall Gallery Space, and responsible for acquisition, funding, and placement of public art in the City on public property. The ACC consists of members who demonstrate a commitment to various arts disciplines, including but not limited to: fine arts, visual arts, performing arts, literary arts, art history and arts education.

Council Liaison:

Mayor Lisa Motoyama
[email protected]
Staff Liaison:

Alexandra Orologas
510-215-4302
[email protected]
Position
Number Name Appt Date No. of Terms Served Term Expiration Date 1 Audrey Faine 02/14/2023 1 03/01/2025
2 Andrew Ting 02/16/2023 1 03/01/2024
3 Patrick Taylor 02/16/2023 1 02/16/2024
4 Courtney Helion 02/09/2022 2 03/01/2025
6 George Gager 03/01/2021 2 03/01/2025
Agenda Item No.3
Attachment 1
Agenda Packet Page 11 of 293
Financial Advisory Board
Term Length: 48 Months Max Terms: 2 Term(s)
Number of Members: 5 Meeting Schedule: 4nd Tuesday of the Month Meeting Time: 6:30 PM
Meeting Location: Council Chambers
Meeting Address: 10890 San Pablo Avenue, El Cerrito, CA Type: Board
Description:

The Financial Advisory Board (FAB) conducts a review of the proposed annual budget and long-term financial plan for the City to assist the City Council in making decisions on major expenditures and revenue sources.

Council Liaison:

Councilmember Carolyn Wysinger
[email protected]
Staff Liaison:

Crystal Reams
[email protected]
Position
Number Name Appt Date No. of Terms Served Term Expiration Date 3 Richard Patterson 03/01/2020 3 03/02/2024
4 Farhad Farahmand 03/01/2021 2 03/01/2025
5 Kimberly White 02/08/2022 1 03/01/2026
Agenda Item No.3
Attachment 2
Agenda Packet Page 12 of 293

OFFICE OF THE CITY CLERK

CURRENT VACANCIES

ON BOARDS, COMMISSIONS & COMMITTEES
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 further notice). 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
Citizens Street Oversight Committee* 1
Civil Service Commission* 1
Crime Prevention Committee 10
Economic Development Committee 7
Environmental Quality Committee 4
Financial Advisory Board 2
Human Relations Commission 4
Park and Recreation Commission 3
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: August 25, 2023
CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94530
Telephone (510) 215-4305 Fax (510) 215-4379 http://www.el-cerrito.org Agenda Item No.3
Attachment 3
Agenda Packet Page 13 of 293
9/14/23, 3:11 PM People's Report
https://elcerritoca.civicclerk.com/Boards/People/PeopleCreateReport?selectedidx=5~8~116~157~189~205~213~262~297~312~332~333&sort=%7B%7D&filter=%5Bapplication_status%5D %3D %27A… 1/1 Name Board Name Application Status Application Date
Abhijeet Singh Contra Costa Library Commission Active 01/31/2023 Adam Levenson Arts and Culture Commission Active 08/31/2023 Forrest Bice Urban Forest Committee Active 08/20/2023
Jennifer Witt Human Relations Commission Active 06/26/2023 Kevin Schenthal Economic Development Committee Active 07/19/2023 Linda Cain Committee on Aging Active 06/22/2023
Maggie Winslow Environmental Quality Committee Active 01/11/2023 Neela Chatterjee Arts and Culture Commission Active 07/28/2023 Renee Thomas Jacobs Financial Advisory Board Active 07/25/2023 Rosa Esquivel Crime Prevention Committee Active 02/08/2022 Shaulnie Mohan Economic Development Committee Active 02/06/2023 Shaulnie Mohan Urban Forest Committee Active 02/06/2023 Agenda Item No. 3
Attachment 4
Agenda Packet Page 14 of 293
Agenda Item No. 7.A.

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

EL CERRITO CITY COUNCIL DRAFT MINUTES
TUESDAY, JULY 18, 2023
View:

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

Public Comments:

1. In-person by submitting a request to speak to the City Clerk.

2. Via Zoom using the “Raise Hand” icon to request to speak.

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

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

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. 6:00 PM ROLL CALL – CONVENE REGULAR CITY COUNCIL MEETING Mayor Motoyama called the meeting to order at 6:01 PM.

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

Councilmember Wysinger Absent: None

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REGULAR CITY COUNCIL MEETING (6:00 PM)
City Council Chambers - 10890 San Pablo Ave, El Cerrito Additional In-Person Location:

HOLIDAY INN EXPRESS & SUITES, 2102 South C St., Tacoma, WA 98402 Ask at front desk for room number for remote meeting location
Join Via Zoom:
https://us06web.zoom.us/j/81274051504?pwd=Z1g4OGVxQXJWNExhTldxMFNONHhCZz09 Meeting ID: 812 7405 1504 Password: 374534 Dial in: 1-408-638-0968 Agenda Packet Page 15 of 293

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1. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A

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

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

MOMENT OF SILENCE

3. TELECONFERENCE AND PUBLIC COMMENT INSTRUCTIONS

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

City Manager Pinkos - introduced new Finance Director and announced the El Cerrito Creative Re-Use (ECCRU) Artist in Residency’s showing in the City Hall Gallery Space August 25.

Public Works Director Yvetteh Ortiz - provided an update about garbage and recycling cart distribution throughout the City.

Councilmember Quinto – announced appointment as 2nd Vice President of the League of California Cities.

Councilmember Fadelli - expressed gratitude for the Fourth of July festival; announced his open office hours the first Monday of each month for the public to meet with him directly.

Mayor Motoyama - provided positive comments about Fourth of July, announced East Bay Innovators event, and encouraged participation in the Caltrans Bike Update Survey.

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

All written comments submitted prior to and during the meeting were posted online as supplemental materials and incorporated into the official meeting record. Written public comments for matters not on the agenda were received from Staff Liaison Bridget Cooney on behalf of Committee on Aging, Cordell Hindler, and Dianne Brenner.

Oral Public Comments:

Buddy Akacic - commented on El Cerrito’s Senior Community being active and about diversity, equity and inclusion.

Dianne Brenner - commented on “Rule 20A” that PG&E administers.

Agenda Packet Page 16 of 293

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Mariella Moreno Murray - commented on the City’s Noise Ordinance.

6. PRESENTATIONS
A. Summer 2023 I-80 Pavement Rehabilitation Project
Action Proposed: Receive and file a presentation from Caltrans District 4 on a paving project on both directions of I-80 starting at the end of July through September.

Contact: Andrew Baskerville, Contra Costa County Construction Manager, and Bart Ney, Public Affairs & Strategic Communications, Caltrans Bay Area
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding Labor Day closures, pavement materials and heavy truck weight.

Action: Received and filed

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

Moved/Seconded: Councilmember Fadelli/Councilmember Quinto Action:

Approved the consent calendar as indicated below. Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None
A. Crime Prevention Committee Appointment of Brett Guest Action Proposed: Approve a Crime Prevention Committee
recommendation to appoint Brett Guest to the Crime Prevention Committee, effective July 18, 2023.

Contact: Sergeant Aaron Leone, El Cerrito Police Department Action: Approved appointment
B. Approve Three-Year Agreement between the City of El Cerrito and Chavan and Associates, LLP to Perform Required Independent Audit Services for Fiscal Years 2022-23, 2023-24 and 2024-25 Action Proposed: Adopt a resolution authorizing the City Manager to execute a three-year professional services agreement in an amount not to exceed $202,500 with Chavan and Associates, LLP, Certified Public Accountants to perform required independent audit services for Fiscal Years 2022-23, 2023-24 and 2024-25, with the option to extend the contract for an additional two (2) one-year terms.

Contact: Alexandra Orologas, Assistant City Manager, City Management Action: Approved Resolution No. 2023-49
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C. Agreement between the City of El Cerrito and West Coast Vending and Food Service, Inc. to Provide Food Services to the El Cerrito Police Department
Action Proposed: Adopt a resolution authorizing the City Manager to enter into an agreement with West Coast Vending and Food Services, Inc. to provide vending services, including the purchase of materials, supplies, and/or equipment to the City of El Cerrito for an amount not to exceed $75,000 annually from July 1, 2023 through June 30, 2025.

Contact: Paul Keith, Chief of Police, El Cerrito Police Department Action: Approved Resolution No. 2023-50
D. Agreement with Motorola Solutions to Upgrade El Cerrito Police Department Radios with Encryption Software
Action Proposed: Authorize the City Manager to enter into an agreement with Motorola Solutions, Inc. for the provision of encryption software upgrades to El Cerrito Police Department radios for a cost not to exceed $135,000.

Contact: Paul Keith, Chief of Police, El Cerrito Police Department Action: Approved Resolution No. 2023-51
E. Consulting Services Agreement between the City of El Cerrito and Kittelson & Associates, Inc. to Provide Transportation Planning and Engineering Services for the Local Road Safety Plan Action Proposed: Adopt a resolution authorizing the City Manager to execute a consulting services agreement for an amount not to exceed $87,000 with Kittelson & Associates, Inc. (Kittelson) to provide transportation planning and engineering services to initiate, develop, and complete a Local Road Safety Plan (LRSP).

Contact: Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department; Jarrett Mullen, Sustainable Transportation Program Manager, Community Development Department
Action: Approved Resolution No. 2023-52
F. Amendment to Agreement with Cox Automotive Mobility
Fleet Services for Fleet Maintenance Services
Action Proposed: Adopt a resolution to authorize the City Manager to amend the agreement with Cox Automotive Mobility Fleet Services for Fleet Maintenance Services by $15,000 for a total amount not to exceed amount of $203,100 for Fiscal Year 2022-23.

Contact: Christina Leard, Management Analyst III; Susan Kattchee, Interim Operations & Environmental Services Division Manager; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department Action: Approved Resolution No. 2023-53
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G. Agreement with SSP Data to provide DarkTrace Detect
and Response Security Monitoring Services
Action Proposed: Adopt a resolution to authorize the City Manager to execute the pricing agreement with SSP Data for DarkTrace Holding Limited’s cybersecurity services in an amount not-to-exceed $380,000 over a four-year period.

Contact: Eric Ng, Acting IT Manager, Information Technology Department
Action: Approved Resolution No. 2023-54

8. PUBLIC HEARINGS
A. Fire Hazard Abatement
Exempt from CEQA review pursuant to Sections 15304 and 15308, Notice published 7/8/2023
Action Proposed: 1) Adopt a resolution declaring weeds, rubbish, litter, or other flammable material on certain real property identified in the resolution constitutes a public nuisance; and 2) Conduct a public hearing and upon conclusion, adopt a resolution overriding objections by property owners and ordering the City Manager or their designee to abate certain public nuisances pursuant to El Cerrito Municipal Code Chapter 16.26.

Contact: Traviss Crumpacker, Fire Prevention Officer; Chase Beckman, Fire Marshal, Fire Department
Moved/Seconded: Mayor Pro Tem Rudnick/Councilmember Fadelli Action: Approved Resolution No. 2023-55 (Declaring Identified Properties). Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None
Public Hearing: Mayor Motoyama opened the public hearing.

No public comments.

Moved/Seconded: Councilmember Quinto/Mayor Pro Tem Rudnick Action: Closed the public hearing. Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None
Moved/Seconded: Mayor Pro Tem Rudnick/Councilmember
Fadelli Action: Adopted Resolution 2023-56 (Overriding Objections) Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes:

None
Agenda Packet Page 19 of 293

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9. POLICY MATTERS

Mayor Pro Tem Rudnick - announced RecycleMore's Edible Food Recovery Grants Program and shared her experience at July Fourth Festival.

Councilmember Fadelli - commented on the community food service truck that works with Trader Joe’s to save packaged food.

Councilmember Quinto - welcomed new member Brett Guest to the Crime Prevention Committee, announced National Night Out on August 1, reported his efforts working with legislators and public safety agencies to end fentanyl addiction epidemic, and attendance at July Fourth Festival.

Mayor Motoyama - reported attendance at West County Women's Leaders' Lunch, July Fourth Celebration, Contra Costa Mayors' Conference, Sakura Kai 50th Anniversary Celebration, and Robinson Weeks Scholarship Program Fundraiser.

11. ADJOURN REGULAR CITY COUNCIL MEETING
The next regularly scheduled City Council meeting is Tuesday, August 15, 2023 at 6:00 p.m.

The regular meeting adjourned at 7:22 PM.

Lisa Motoyama, Mayor
This is to certify that the foregoing is a true and correct copy of the minutes of the City Council meeting of July 18, 2023 as approved by the El Cerrito City Council.

Alexandra Orologas, Deputy City Clerk
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Mayor Councilmembers
Lisa Motoyama Paul Fadelli
Mayor Pro Tem Gabriel Quinto
Tessa Rudnick Carolyn Wysinger

EL CERRITO CITY COUNCIL DRAFT MINUTES
TUESDAY, AUGUST 15, 2023
View (Regular Meeting Only):

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

Public Comments:

1. In-person by submitting a request to speak to the City Clerk.

2. Via Zoom using the “Raise Hand” icon to request to speak.

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

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

SPECIAL CITY COUNCIL MEETING (5:00 PM)
Hillside Conference Room - 10890 San Pablo Ave, El Cerrito Join Via Zoom:
https://us06web.zoom.us/j/88356546802?pwd=K0VRczVrZng2R3hLaWtmSFdTVVBRZz09 Meeting ID: 883 5654 6802 Password: 812934 Dial in: 1-408-638-0968 REGULAR CITY COUNCIL MEETING (6:00 PM)
City Council Chambers - 10890 San Pablo Ave, El Cerrito Join Via Zoom:
https://us06web.zoom.us/j/87060673799?pwd=TWdzN1BxNFl4eWlLdEhQQ2hPZ1R3UT09 Meeting ID: 870 6067 3799 Password: 667066 Dial in: 1-408-638-0968 Agenda Packet Page 21 of 293

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5:00 PM ROLL CALL - CONVENE SPECIAL CITY COUNCIL MEETING Mayor Motoyama called the meeting to order at 5:07 PM.

Present: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger (arrived at 5:35 PM) Absent: None

1. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A

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

None

3. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8
Property: 10936 San Pablo Ave El Cerrito, CA 94530 (Assessor Parcel Number 502-411-006)
Agency negotiators: Karen Pinkos, City Manager; Melanie Mintz, Community Development Director
Negotiating parties: Life in Christ International Ministry of the Assemblies of God
Under negotiation: Price and terms
Contact: Sky Woodruff, City Attorney, City Management
City Council convened closed session at 6:08 PM. No reportable action.

4. ADJOURN SPECIAL CITY COUNCIL MEETING
The special meeting adjourned at 6:04 PM
6:00 PM ROLL CALL – CONVENE REGULAR CITY COUNCIL MEETING Mayor Motoyama called the meeting to order at 6:11 PM.

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

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

MOMENT OF SILENCE

2. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A

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

3. TELECONFERENCE AND PUBLIC COMMENT INSTRUCTIONS
Agenda Packet Page 22 of 293

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

City Manager Pinkos - Update on the August 9 cyber intrusion on the City's system.

Mayor Pro Tem Rudnick - spoke regarding the devastation in Hawaii and recognized Recreation for the end of a successful set of summer programs.

Councilmember Fadelli - commented on the success of National Night Out.

Mayor Motoyama - reported out on closed session; announced upcoming August 19th ribbon cutting for Freddie’s Lifestyle Shop; thanked staff regarding cyber attack response and Keep El Cerrito Fire Safe efforts in obtaining Measure X funds for hillside fire safety work.

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

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

Oral Public Comments:

Sue Duncan - spoke regarding the wildfire in Maui and prior events and need for fire protection in El Cerrito.

Howdy Goudey - commented on consent item 7E regarding lack of local data used in analysis and need for the general practice for new infrastructure to track local transportation trends.

Ira Sharenow - spoke regarding real property transfer tax revenues and need for additional senior services.

Linda Cain - commented on the wildfire in Maui and risk of wildfire in El Cerrito.

Mariella Sanding - Contra Costa County Meds Coalition Coordinator spoke in support of the proclamation for international Overdose Awareness Day.

6. PRESENTATIONS
A. Pacific Gas and Electric (PG&E) Presentation
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Action Proposed: Receive and file a presentation from Pacific Gas and Electric (PG&E) on the agency’s programs, local projects and updates relevant to El Cerrito.

Contact: Sarah Yoell, Local Government Affairs Manager – Bay Area; Ed Aparis, Local Government Affairs Representative, Pacific Gas and Electric
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding Public Safety Power Shutoff (PSPS) alerts, difference between PSPS alerts and weather alerts, information related to pole fire on Terrace, data used to identify High Fire Risk Area in the city, plans for undergrounding utilities, local representatives, and substation work.

Action: Received and filed

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

Moved/Seconded: Councilmember Fadelli/Councilmember Quinto Action: Approve items A-D and F-H on the consent calendar as indicated below.

Ayes: Councilmember Quinto, Councilmember Fadelli, Mayor Pro Tem Rudnick, Mayor Motoyama, Councilmember Wysinger Noes: None
A. Crime Prevention Committee Appointment of Jon Bashor Action Proposed: Approve a Crime Prevention Committee
recommendation to appoint Jon Bashor to the Crime Prevention Committee, effective August 15, 2023.

Contact: Sergeant Aaron Leone, El Cerrito Police Department Action: Approved appointment
B. International Overdose Awareness Day Proclamation
Action Proposed: Approve a proclamation recognizing August 31, 2023 as International Overdose Awareness Day.

Contact: Holly M. Charléty, City Clerk, City Management Action: Approved proclamation
C. Resolution in Support of Exonerating Port Chicago 50 Action Proposed: At the request of Mayor Motoyama, adopt a resolution to support local, state, and federal efforts to exonerate Port Chicago 50.

Contact: Holly M. Charléty, City Clerk, City Management Action: Approved Resolution 2023-57
D. Final Subdivision Map for one-lot, six residential condominium subdivision at 601 Lexington Avenue
Exempt from CEQA pursuant to Section 15268(b)(3)
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Action Proposed: Adopt a resolution approving the Final Subdivision Map for a one-lot subdivision consisting of 6 condominiums in the Multifamily (RM) zoning district at 601 Lexington Avenue.

Contact: Diego Romero, Associate Planner; Sean Moss, Planning Manager, Community Development Department
Action: Approved Resolution 2023-58
E. Funding Agreement between the Contra Costa Transportation Authority and City of El Cerrito for Cost Sharing Commitments to Design and Construct the Countywide Smart Signals Project Action Proposed: Adopt a resolution approving the funding agreement between the Contra Costa Transportation Authority and the City of El Cerrito for Cost Sharing Commitments to Design and Construct the Countywide Smart Signals Project, and authorizing the City Manager to execute the agreement in a form approved by the City Attorney.

Contact: Marielle Cuison, Associate Engineer; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Pulled from Consent by Mayor Motoyama.

Discussion: Addressed questions regarding traffic pattern analytics, outdated systems, and data collection concerns.

Moved/Seconded: Councilmember Fadelli/Councilmember Quinto Action: Approved Resolution 2023-59. Ayes: Councilmember Quinto, Councilmember Fadelli, Mayor Pro Tem Rudnick, Mayor Motoyama, Councilmember Wysinger Noes: None
F. Amendment to Professional Services Agreement with Krisch & Company for Temporary Finance Staffing
Action Proposed: Adopt a resolution to authorize the City Manager to amend the professional services agreement with Krisch & Company (formerly Maze and Associates) for temporary Finance staffing support by $230,134 for a total amount not to exceed amount of $480,134.

Contact: Crystal Reams, Finance Director/City Treasurer Action: Approved Resolution 2023-60
G. Monthly Disbursement and Check Register Report for April - July 2023
Action Proposed: Receive and file the Monthly Disbursement and Check Register Report for the months of April 2023 through July 2023. Contact:

Crystal Reams, Finance Director/City Treasurer, Finance Department Action: Received and filed
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H. FY 2022-23 Fourth Quarter Cash and Investment Report Action Proposed: Receive and file the City's second quarterly cash and investment report for the period April 1, 2023 through June 30, 2023.

Contact: Crystal Reams, Finance Director/City Treasurer, Finance Department
Action: Received and filed

8. PUBLIC HEARINGS
A. Contract Amendment between the City of El Cerrito and the Board of Administration of The California Public Employees' Retirement System (CalPERS) Related to Employee Members of United
Professional Firefighters Association (Local 1230)
Notice Published 8/5/2023
Action Proposed: Conduct a public hearing and upon conclusion 1) adopt a Resolution of Intention to amend the contract between the City of El Cerrito and the Board of Administration of the California Public Employees' Retirement System (CalPERS), for all employees in the United Professional Firefighters Association (Local 1230); and 2) introduce by title and waive any further reading of an Ordinance amending the City’s existing California Public Employees’ Retirement System (CalPERS) contract.

Contact: Shannon Bassi, Senior Human Resource Analyst, Human Resources
Public Hearing: Mayor Motoyama opened the public hearing.

No public comments.

Moved/Seconded: Councilmember Quinto/Mayor Pro Tem Rudnick Action: Closed the public hearing. Ayes: Councilmember Quinto, Councilmember Fadelli, Mayor Pro Tem Rudnick, Mayor Motoyama, Councilmember Wysinger Noes: None
Moved/Seconded: Mayor Pro Tem Rudnick/Councilmember
Wysinger Action: Approved Resolution 2023-61, introduced and waived further reading of Ordinance 2023-03 Ayes: Councilmember Quinto, Councilmember Fadelli, Mayor Pro Tem Rudnick, Mayor Motoyama, Councilmember Wysinger Noes: None
B. Fire Hazard Abatement
Exempt from CEQA review pursuant to Sections 15304 and 15308, Notice published 8/5/2023
Action Proposed: 1) Adopt a resolution declaring weeds, rubbish, litter, Agenda Packet Page 26 of 293

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

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

No public comments.

Moved/Seconded: Councilmember Quinto/Councilmember Wysinger Action: Closed the public hearing Ayes: Councilmember Quinto, Councilmember Fadelli, Mayor Pro Tem Rudnick, Mayor Motoyama, Councilmember Wysinger Noes: None
Moved/Seconded: Mayor Pro Tem Rudnick/Councilmember Wysinger Action: Approved Resolution 2023-63 (Overriding Objections) Ayes: Councilmember Quinto, Councilmember Fadelli, Mayor Pro Tem Rudnick, Mayor Motoyama, Councilmember Wysinger Noes: None C. Adoption of the 2023-2031 6th Cycle Housing Element Update Notice Published 8/5/2023
Action Proposed: Conduct a public hearing and consider adoption of a Resolution amending the El Cerrito General Plan to repeal the 2015- 2023 Housing Element and adopt an amended Housing Element for the period of 2023-2031, including consideration of an addendum to the 1999 General Plan Environmental Impact Report (EIR), 2014 San Pablo Avenue Specific Plan EIR and 2022 San Pablo Avenue Specific Plan Supplemental EIR, for certification to the California Department of Housing and Community Development.

Contact: Aissia Ashoori, Housing Manager; Sean Moss, Planning Manager; Melanie Mintz, Community Development Director, Community Development Department
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding budget for updating the safety element, rent registry and tenant displacement addressed in the report, and degree of substantive changes.

Public Hearing: Mayor Motoyama opened the public hearing.

Oral Public Comments:

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Howdy Goudey - commented regarding lack of public interaction and participation in the plan review, the need for bolder actions and additional units.

9. POLICY MATTERS
A. Amendment to City Comprehensive Financial Policies Related to Year-End Surpluses and the Emergency Disaster Relief Fund Action Proposed: Adopt a resolution amending the City of El Cerrito Comprehensive Financial Policies to a) revise Section 2.7 regarding year-end surplus, b) revise section 4.1 regarding the Emergency Disaster Relief Fund.

Contact: Crystal Reams, Finance Director/City Treasurer, Finance Department; Karen Pinkos, City Manager, City Management Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding the Financial Advisory Board recommendation made and member reservations that voted against the recommendation, definition of disaster (natural, manmade, financial, etc.), rational for the reference of "at a minimum" in proposed section 2.7.3, and option for funding more.

Oral Public Comments:

Ira Sharenow - commented on services funded with Measure V revenues, current and past surplus amounts.

Howdy Goudey - spoke regarding investments in prevention and preparedness being equally important to having reserves for events that may occur.

Linda Cain - spoke in support of being prepared for disasters and funding library services during such events.

Moved/Seconded: Mayor Pro Tem Rudnick/Councilmember Quinto Action: Approved Resolution 2023-65, removing language referring to current cash reserve amount in section 4.2, and updating reference in section 5.1.1. from the Comprehensive Annual Financial Report (CAFR) to Annual Comprehensive Financial Report (ACFR) in Exhibit A to the Resolution. Ayes: Councilmember Quinto, Councilmember Fadelli, Agenda Packet Page 28 of 293

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Mayor Pro Tem Rudnick, Mayor Motoyama, Councilmember
Wysinger Noes: None
B. Study Session on General Fund Reserve Balance
Action Proposed: Conduct a study session and provide
direction/possible action to staff regarding the allocation of the City's General Fund Reserve Balance.

Contact: Crystal Reams, Finance Director/City Treasurer; Karen Pinkos, City Manager, City Management
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding Section 115 trust investment options, risk of investments, and priority of the EDRF funding with any surplus.

Oral Public Comments:

Farhad - speaking as a resident, not as a FAB member, in favor of the recommendation.

Ira Sharenow - commented on Section 115 returns and risk as compared to Local Agency Investment Fund (LAIF), and in favor of paying down debt directly.

Howdy Goudey - Commented on investment policy restrictions to investments in fossil fuels.

Moved/Seconded: Councilmember Fadelli/Councilmember Wysinger Action: Directed staff to designate one million dollars from the general fund to fund the initial deposit for the Section 115 Trust.

Ayes: Councilmember Quinto, Councilmember Fadelli, Mayor Pro Tem Rudnick, Mayor Motoyama, Councilmember Wysinger Noes: None Moved/Seconded: Councilmember Quinto/Mayor Pro Tem Rudnick Action: Directed staff to establish a Section 115 Trust with Public Agency Retirement Services (PARS) Ayes: Councilmember Quinto, Councilmember Fadelli, Mayor Pro Tem Rudnick, Mayor Motoyama, Councilmember Wysinger Noes: None
Moved/Seconded: Mayor Pro Tem Rudnick/Councilmember Wysinger Action: Directed staff to designate nine million dollars from the general fund to create and fund an Emergency Disaster Relieve Fund (EDRF) Ayes: Councilmember Quinto, Councilmember Fadelli, Mayor Pro Tem Rudnick, Mayor Motoyama, Councilmember Wysinger Noes:

None

10. 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.

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Councilmember Quinto - Reported work with Cal Cities on green hydrogen vendors at the annual conference.

Councilmember Fadelli – reported on Contra Costa Transportation Agency (CCTA) event demonstrating a Presto car at the El Cerrito Plaza farmers market.

Councilmember Wysinger - reported attendance at the National League of Cities Summer conference meeting, expecting appointment as member at large for the Board of the LGBTQ constituency group and to the Federal Advocacy Group for Public Safety.

Mayor Motoyama - reported attendance at Association of Bay Area Governments (ABAG) executive committee and was appointed to the Housing Subcommittee; attended St. Peters pastor appreciation event, spoke on housing at the El Cerrito Democratic club, attended the West County Mayors and Supervisors meeting, National Night Out, East Bay Economic Development Alliance Executive Committee, presented at the Contra Costa Mayors Conference, met with the City Advisory Body Ad Hoc, and met with members of Keep El Cerrito Fire Safe.

11. ADJOURN REGULAR CITY COUNCIL MEETING
The next regularly scheduled City Council meeting is Tuesday, September 19, 2023 at 6:00 p.m.

The regular meeting adjourned at 9:38 PM
Lisa Motoyama, Mayor
This is to certify that the foregoing is a true and correct copy of the minutes of the City Council meeting of August 15, 2023 as approved by the El Cerrito City Council.

Holly M. Charléty, MMC, City Clerk
Agenda Packet Page 30 of 293
Agenda Item No. 7.B.

EL CERRITO CITY COUNCIL PROCLAMATION
In Recognition and Acknowledgement of the
55th Anniversary of Eden Housing
WHEREAS, Eden Housing, a recognized leader in the realm of affordable housing solutions, has consistently demonstrated its dedication to addressing the critical need for accessible housing options; and
WHEREAS, beginning 1968 Eden Housing grew out of the need for nondiscriminatory affordable housing in Alameda County; and WHEREAS, Eden Housing's project, Hana Gardens, exemplifies its commitment to creating housing opportunities that are safe, affordable, and inclusive, fostering community engagement and resident well-being; and WHEREAS, Eden Housing's thoughtful approach to architectural design and development, as evidenced in Hana Gardens, underscores its commitment to fostering environments conducive to resident growth and social cohesion; and WHEREAS, Eden Housing's collaborative partnerships with local stakeholders, including community organizations and government entities, have been instrumental in delivering housing options that promote economic diversity and social inclusion; and
WHEREAS, Eden Housing's comprehensive vision for Hana Gardens encompasses a range of supportive services and resources, designed to empower residents for success and enhance community cohesion; and WHEREAS, Eden Housing's commitment to sustainable practices, as reflected in the environmentally-conscious features of Hana Gardens, reinforces its dedication to responsible development and long-term positive impact; and WHEREAS, Eden Housing manages Hana Garden in El Cerrito, which provides senior housing while honoring the City’s Japanese heritage and its influence on the flower industry.

NOW THEREFORE, the City Council of the City of El Cerrito does hereby recognize and commend Eden Housing on the occasion of its 55th anniversary for its contributions to our community, particularly its efforts in advancing affordable housing options and fostering social equity.

Dated: September 19, 2023
___________________________
Lisa Motoyama, Mayor
Agenda Packet Page 31 of 293
Agenda Item No. 7.C.

EL CERRITO CITY COUNCIL PROCLAMATION
Designating September 15, 2023 – October 15, 2023 as
Hispanic Heritage Month
WHEREAS, each year, the federal government and local governments observe National Hispanic Heritage Month as the period from September 15 to October 15, by recognizing and celebrating the histories, cultures, and contributions of American citizens whose ancestors came from Spain, Mexico, the Caribbean and Central and South America; and
WHEREAS, September 15th is significant as a starting date for Hispanic Heritage month because it is the anniversary of independence for the Latin American countries of Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua. In addition, Mexico and Chile celebrate their independence on September 16th and September 18th respectively; and
WHEREAS, Hispanics are the largest ethnic group in the State of California and at nearly 17% of the United States population, make up the largest ethnic or race minority group in America; and
WHEREAS, Hispanics have made innumerable contributions to the El Cerrito community, and it is important the City recognize and celebrate the diverse histories and cultures of the Hispanic population.

NOW THEREFORE, the City Council of the City of El Cerrito does hereby proclaim the period of September 15, 2023 – October 15, 2023, as Hispanic Heritage Month in the City of El Cerrito in recognition of the many contributions Hispanics have made both locally and nationally, and to promote greater awareness of the rich history and culture of the Hispanic community.

Dated: September 19, 2023
___________________________
Lisa Motoyama, Mayor
Agenda Packet Page 32 of 293
Agenda Item No. 7.D.

EL CERRITO CITY COUNCIL PROCLAMATION
September Is Suicide Prevention Awareness Month
WHEREAS, September is known around the United States as “National Suicide Prevention Awareness Month”; and
WHEREAS, most of us are quite aware of suicide. Suicide Prevention Awareness Month is intended to help promote and give attention to the Suicide Prevention services available to us and our community. The goal is to speak openly about the topic of suicide to help erase the stigma surrounding it, and to direct those in need to the appropriate support services; and
WHEREAS, suicide is the 11th leading cause of death in the US, and on average, there are 132 suicides per day; and
WHEREAS, according to the American Foundation for Suicide Prevention, 48,183 Americans died by suicide and an estimated 1.7 million suicide attempts in the year 2021; and
WHEREAS, suicidal thoughts can affect anyone regardless of age, gender, race, orientation, income level, religion, or background; and WHEREAS, local organizations like the Contra Costa Crisis Center and national organizations like the National Alliance on Mental Illness and the American Foundation for Suicide Prevention are on the front lines of a war that many still refuse to discuss, as suicide and mental illness remain too uncomfortable of a topic to talk about; and
WHEREAS, every member of our community should understand that throughout life’s struggles we all need the occasional reminder that we are all fighting our own battles; and
WHEREAS, the City Council of the City of El Cerrito encourages all residents to take the time to check in with their family, friends, and neighbors on regular basis and to honestly communicate their appreciation for their existence by any gesture they deem appropriate. A simple phone call, message, handshake, or hug can go a long way towards helping someone realize that suicide is not the answer.

NOW THEREFORE, the City Council of the City of El Cerrito does hereby proclaim the month of September 2023 as National Suicide Prevention Awareness Month in the City of El Cerrito.

Dated: September 19, 2023
Lisa Motoyama, Mayor
Agenda Packet Page 33 of 293
Agenda Item No. 7.E.

EL CERRITO CITY COUNCIL PROCLAMATION

COMMENDING AND CONGRATULATING ASHER KESSLER FOR AN
OUTSTANDING ACCOMPLISHMENT IN THE 16TH WORLD DRAGON BOAT

RACING CHAMPIONSHIPS
WHEREAS, the sport of dragon boating first originated over 2,500 years ago from the Pearl River Delta region of China. On the fifth day of the fifth month of the Chinese lunar calendar is the Dragon Boat Festival; and WHEREAS, dragon boating is now popular worldwide for fitness, recreation, and team-building; and
WHEREAS, the East Bay Rough Riders is a high school team with members from El Cerrito High School and other students from around the East Bay; and WHEREAS, El Cerrito High School math teacher Lawrence Pang founded the Rough Riders in 2014 and coaches the team to compete in local and international dragon boat races; and
WHEREAS, Asher Kessler, who was born and raised in El Cerrito, has been training with the East Bay Rough Riders for the past five years; and WHEREAS, Asher Kessler is the first paddler from the Rough Riders to tryout and make TEAM USA of the United States Dragon Boat Federation; and WHEREAS, Asher Kessler represented the U18 TEAM USA, of the United States Dragon Boat Federation at the 16th World Dragon Boat Racing Championships in Thailand on August 7 – 13, 2023; and
WHEREAS, the U18 Team USA dominated their races and Asher Kessler returned home with five gold medals and one silver medal.

NOW THEREFORE, the City Council of the City of El Cerrito does hereby salute Coach Lawrence Pang and congratulate Asher Kessler for his outstanding achievements in the World Dragon Boat Racing Championships and for bringing great honor to his hometown of El Cerrito.

Dated: September 19, 2023
___________________________
Lisa Motoyama, Mayor
Agenda Packet Page 34 of 293

AGENDA BILL
Agenda Item No. 7.F.

Date: September 19, 2023
To: El Cerrito City Council
From: Crystal Reams, Finance Director/City Treasurer, Finance Department Subject: Monthly Disbursement and Check Register Report for August 2023

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

BACKGROUND/ANALYSIS
California Government Code, Title 4. Government of Cities, Division 3, Part 3, Chapter 3, Section 41004 states, “Regularly, at least once each month, the city treasurer shall submit to the city clerk a written report and accounting of all receipts, disbursements, and fund balances. The city treasurer shall file a copy with the legislative body.” In addition, the City’s Comprehensive Financial Policy, Item 5.1 Accounting Standards indicates the City’s accounting and financial reporting systems shall be maintained in conformance with all state and federal laws.
• Month ending August 31, 2023, reflecting 322 Accounts Payable General Warrant Nos. 87023 through 87344, 11 ACH/EFT transactions, and 661 payrollrelated checks and EFTs for a grand total of $6,542,58.73.

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

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

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

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

Agenda Packet Page 35 of 293
Agenda Item No. 7.F.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Monthly Payment Register August 2023
Agenda Packet Page 36 of 293
Number Date Void Reason Description Transaction Amount
87023 08/02/2023 VEHICLE PROGRAM POLICY RENEWAL FY23-24 $31,460.0087024 08/02/2023 USED OIL RECYCLING 7/13/23 $100.0087025 08/02/2023 FIBER LINE FOR DATA 0613-07122023 ACCT 9391060397 $6,382.6887026 08/02/2023 RICHMOND STREET IMPROVEMENTS FY22-23 $30,760.0087027 08/02/2023 FINANCIAL CONSULTING SUPPORT THROUGH JUNE 30 2023 $5,156.2587028 08/02/2023 QUARTERLY FIRE SPRINKLER INSPECTION FY23-24 $440.0087029 08/02/2023 ADVERTISEMENT FOR DEL NORTE RFP FOR CM, 0501-05312023 $282.6087030 08/02/2023 LANDSCAPE MAINTENANCE JUNE 2023 FY22-23 $11,436.5887031 08/02/2023 LAFCO ANNUAL FEE FY23-24 $7,596.0887032 08/02/2023 DEL NORTE ENGINEERING SERVICES RENDERED THRU JUNE 30 2023 $7,051.1087033 08/02/2023 Dell FS 5th & last annual payment VXRail,08012023-07312024 $22,551.5387034 08/02/2023 VEHICLE PARTS, REGEN R3 $16,905.3487035 08/02/2023 INVOICE#1077 SPLIT 06/12-06/23/2023 IMPROV WK 1 $3,843.0087036 08/02/2023 SPASP WCCTAC ACTION PLAN PERIOD 0128-02242023 $4,942.5087037 08/02/2023 FALCON, ADVANCED SEARCH, IMPLEMENTATION FEE $121,500.0087038 08/02/2023 SPORTS CAMP WK 6 2023 7/17-7/21/2023 $14,333.4087039 08/02/2023 GOVERNMENTJOBS.COM SUBSCRIPTION FEE FY23-24 $34,604.1787040 08/02/2023 RAVENCLIFF CAMP SUPPORT 0726-07302023 $425.0087041 08/02/2023 HANNA BANANA MUSIC CMAP 0710-07142023 $1,713.6087042 08/02/2023 FINANCIAL SERVICES PROPERTY TAX JULY - SEPT 2023 $2,400.0087043 08/02/2023 CUSTODIAL SUPPLIES $4,487.2187044 08/02/2023 CITY FUEL $16,287.45 87045 08/02/2023 INCREADU FLIX WK1 CAMPS FY22-23 $10,224.6287046 08/02/2023 CITY HALL ALARM SERVICE 8/1/23-10/31/23 FY23-24 $462.0287047 08/02/2023 CARBONIC SERVICE 05222023 $6,982.6387048 08/02/2023 SOPHOS LICENSING LEASE PAYMENT $1,300.4387049 08/02/2023 CLASS FEE FOR AQUA ZUMBA APRIL TO JUNE 2023 $345.0087050 08/02/2023 SKYHAWKS TENNIS CAMPS WK 5 $3,767.4087051 08/02/2023 ANNUAL RENEWALS FY23-24 G/L W/C PREMIUMS $2,022,912.50 87052 08/02/2023 Office Supplies $582.9787053 08/02/2023 RADIANT HEAT INSPECTION $1,250.0087054 08/02/2023 NEWS & VIEWS SPECIAL EDITION MAILING $5,525.9787055 08/02/2023 GATOR VEHICLE PARTS FILTER CAP $52.4287056 08/02/2023 ECCRU ARTIST GALLERY SPACE POST CARDS $199.5587057 08/02/2023 REIMBURSEMENT FOR MILEAGE 07272023 $43.4987058 08/02/2023 PUBLIC INFORMATION CONSULTING SERVICES $5,000.0087059 08/02/2023 FD SATELITE PHONES FOR JUNE 2023 $133.9087060 08/02/2023 ART WITH KIKI WEEK 6 2023 $918.0087061 08/02/2023 Accounts Payable RUBICON ENTERPRISES INC EXTRA WORK CCC THEATRE SITE CLEAN UP 6/29/23 FY22-23 $1,188.16 Accounts Payable REYNOLDS STRATEGIESAccounts Payable ROADPOST USA, INC.Accounts Payable ROSTAD*KIKIAccounts Payable PAPE MACHINERY, INCAccounts Payable PREMIER GRAPHICSAccounts Payable QUINTO, GABRIELAccounts Payable OFFICE DEPOTAccounts Payable PACIFIC HEATING AND PIPINGAccounts Payable PACIFIC PRINTINGAccounts Payable MITCHELL, BONNIEAccounts Payable MORTON II YOUTH SPORTSAccounts Payable MUNICIPAL POOLING AUTHORITYAccounts Payable JOHNSON CONTROLS SECURITY SOLUTIONSAccounts Payable KNORR SYSTEMS, INC.Accounts Payable LEAFAccounts Payable HILLYARDAccounts Payable HUNT & SONS, INC.

Accounts Payable IncrediFlix Inc.Accounts Payable GUY, HASSAN, HERCULES HALIHLAccounts Payable HANNA, MICHAEL, JOHNAccounts Payable HdL Coren & ConeAccounts Payable FLOCK SAFETYAccounts Payable FRIEDMAN, NORMAccounts Payable GOVERNMENTJOBS.COM, INC.Accounts Payable DICKINSON FLEET SVCS / COX AUTOMOTIVE Accounts Payable ENGBERG, GERIAccounts Payable FEHR & PEERSAccounts Payable CONTRA COSTA COUNTY AUDITOR-CONTROLLERAccounts Payable CSW-STUBER-STROEH ENGINEERING GROUP INCAccounts Payable Dell Financial Services LLCAccounts Payable BATTALION ONE FIRE PROTECTIONAccounts Payable BAY AREA NEWS GROUP EAST BAYAccounts Payable BRIGHTVIEW LANDSCAPE SERVICES, INC.Accounts Payable AT&TAccounts Payable AVILA PROJECT MANAGEMENTAccounts Payable BAKER TILLY US, LLP Accounts Payable Checks
Accounts Payable ALLIANT INSURANCE SERVICES, INCAccounts Payable ASBURY ENVIRONMENTAL SERVICES City of El Cerrito
Payment Register
From Payment Date: 8/1/2023 - To Payment Date: 8/31/2023 Source Payee Name
user: Crystal Reams Pages: 1 of 9 Monday, September 11, 2023 Agenda Packet Page 37 of 293
City of El Cerrito
Payment Register
From Payment Date: 8/1/2023 - To Payment Date: 8/31/2023 87062 08/02/2023 HAZARDOUS MATERIAL PICKUP 07062023 $173.6587063 08/02/2023 JULY 2023 SERVICE $3,600.0087064 08/02/2023 Acct#872073595-00001 0620-07192023 $4,751.9787065 08/09/2023 ASSOCIATION OF BAY AGREA GOVERNMENT MEMBERSHIP FY2024 $7,557.0087066 08/09/2023 PD OPERATION SUPPLIES $76.0087067 08/09/2023 PD FINGERPRINTING $1,583.0087068 08/09/2023 MEDICAL EXAM $947.0087069 08/09/2023 ALL COUNTY CRIMINAL JUSTIC INFO NETWORK ANNUAL COST $4,556.5287070 08/09/2023 SHREDDING $258.3087071 08/09/2023 CONSULTING FOR PD RECRUITING $4,082.2387072 08/09/2023 PD K9 BOARDING $1,951.0087073 08/09/2023 FLEET SERVICES $206.5487074 08/09/2023 PD FORENSIC TESTING $560.0087075 08/09/2023 Incorrect Address #N/A $279.8687076 08/09/2023 DOCUMENT STORAGE FOR PERIOD AUGUST 2023 $1,031.0987077 08/09/2023 CHEMICAL SUPPLIES $4,873.0587078 08/09/2023 PD UNIFORM SUPPLIES $2,950.6487079 08/09/2023 PD SAFETY SUPPLIES $840.0287080 08/09/2023 EVENTS AND FIELD TRIP $9,167.0087081 08/09/2023 SERVICE - DRY CLEANING $245.2587082 08/09/2023 PD OFFICE SUPPLIES $281.1587083 08/09/2023 FLEET SERVICES $115.5087084 08/09/2023 FLEET SERVICES $26.3387085 08/09/2023 PD ECW EQUPIMENT - ASSET $7,234.0087086 08/09/2023 INSTRUCTOR PAYMENT $1,112.4087087 08/09/2023 FLEET SERVICES $55.2087088 08/09/2023 SHREDDING $77.9087089 08/09/2023 PD UNIFORM SUPPLIES $470.8387090 08/09/2023 JANITORIAL SERVICES $1,963.0087091 08/09/2023 EMPLOYEE EXPENSE REIMBURSEMENT $950.0087092 08/09/2023 CUSTOMER DEPOSIT REFUND $23.0087093 08/09/2023 PROFESSIONAL SERVICES- HOUSING ELEMENT $2,599.8787094 08/09/2023 INSTRUCTOR - RECREATION DEPARTMENT $105.0087095 08/09/2023 HP PLOTTER SERVICE AND LEASE $422.4287096 08/09/2023 TASSAJARA PARK TENNIS COURT RESURFACING $31,431.0087097 08/09/2023 SPORTS CAMP WEEK 7 $15,394.4487098 08/09/2023 INSTRUCTOR - RECREATION DEPARTMENT $914.4087099 08/09/2023 CENTRAL PARK SERVICES $221.0587100 08/09/2023 INSTRUCTOR - RECREATION DEPARTMENT $288.0087101 08/09/2023 INSTRUCTOR - RECREATION DEPARTMENT $264.0087102 08/09/2023 INSTRUCTOR - RECREATION DEPARTMENT $558.0087103 08/09/2023 CHEMICAL SUPPLIES $1,301.4987104 08/09/2023 INSTRUCTOR - RECREATION DEPARTMENT $588.00 Accounts Payable KNORR SYSTEMS, INC.Accounts Payable LACK, CHRISAccounts Payable JAFFE, SCOTAccounts Payable KI RESEARCH INSTITUTEAccounts Payable KINSEY, KATHRYNE ANNAccounts Payable FRIEDMAN, NORMAccounts Payable GABRIEL, BARBARA, A. Accounts Payable HONEY BUCKETAccounts Payable BROWN, KRISTENAccounts Payable EAST BAY BLUE PRINT & SUPPLYAccounts Payable FIRST SERVE PRODUCTIONS INCAccounts Payable WARREN, ELISEAccounts Payable ERIC , BROWNAccounts Payable ASCENT ENVIRONMENT, INC.Accounts Payable STERICYCLE, INC.Accounts Payable THE ED JONES COMPANYAccounts Payable UNIVERSAL BUILDING SERVICEAccounts Payable PROFORCEAccounts Payable ROSTAD*KIKIAccounts Payable SPEED OIL CHANGEAccounts Payable OFFICE DEPOTAccounts Payable OLIVER'S TOW INC.Accounts Payable PASTIME HARDWAREAccounts Payable Med-Tech Resource LLCAccounts Payable MICHAELS TRANSPORTATION SVCAccounts Payable Norge Cleaners and AlterationsAccounts Payable IRON MOUNTAINAccounts Payable KNORR SYSTEMS, INC.Accounts Payable L.N. CURTIS & SONSAccounts Payable DON'S TIRE SERVICE, INC.Accounts Payable FORENSIC SERVICES DIVISIONAccounts Payable GYMPASS US LLCAccounts Payable CORODATA SHREDDING INC.Accounts Payable CPS HR Consulting Accounts Payable DOGFATHER K9 CONNECTIONSAccounts Payable CA DEPT OF JUSTICE/ACCOUNTINGAccounts Payable CONCENTRA MEDICAL CENTERSAccounts Payable CONTRA COSTA COUNTY LAW & JUSTICE SYSTEMSAccounts Payable VERIZON WIRELESSAccounts Payable ABAG GENERAL ASSEMBLYAccounts Payable BADGE FRAME, INC.Accounts Payable STERICYCLE, INC.Accounts Payable TWO BROTHERS POOL & SPA, INC user: Crystal Reams Pages: 2 of 9 Monday, September 11, 2023 Agenda Packet Page 38 of 293
City of El Cerrito
Payment Register
From Payment Date: 8/1/2023 - To Payment Date: 8/31/2023 87105 08/09/2023 PROFESSIONAL SERVICES - PLANNING $6,777.5087106 08/09/2023 Check was Lost #N/A $35,799.50 87107 08/09/2023 MICROSOFT OFFICE 365 LICENSE RENEWAL FY24 $18,000.0087108 08/09/2023 OFFICE SUPPLIES $79.83 87109 08/09/2023 RECYCLING SERVICES $2,302.5087110 08/09/2023 INSTRUCTOR - RECREATION DEPARTMENT $810.0087111 08/09/2023 PROFESSIONAL SERVICES PLANNING $8,868.2587112 08/09/2023 ETRAKIT CONFIGURATION PUBLIC WORKS $8,977.7687113 08/09/2023 JANITORIAL SERVICES $375.0087114 08/09/2023 OT MEALS $130.0087115 08/09/2023 LUNCH FOR TRAINING - INTERVIEW & INTERROGATION $80.0087116 08/11/2023 PER3 - CALPERS Longterm Care Ins $39.6687117 08/11/2023 DEN1 - Dental 1* $17,822.56 87118 08/11/2023 DUE4 - UNION LOCAL 1230 $5,202.3887119 08/11/2023 K1 - Kaiser 1* $220,981.96 87120 08/11/2023 LEGL - PRE-PAID LEGAL SRVC $182.4087121 08/11/2023 LIFE - Supp Life Ins. - Invo#: 920-33212 $11,970.6887122 08/11/2023 FHEA - Fire Health Savings Acct $17,700.0087123 08/11/2023 COPE - VOLUNTARY COPE DEDUCTION* $1,779.4087124 08/11/2023 SHR - Sutter Health Plus EE Cost* $35,579.2087125 08/11/2023 PAR - PARS - ARS 457* $6,413.6487126 08/14/2023 BUILDING MAINTENANCE SERVICES $454.1787127 08/14/2023 FD OPERATION SUPPLIES $876.5087128 08/14/2023 OFFICE SUPPLIES $87.1087129 08/14/2023 SLURRY SEAL CM MAY 2023 $24,716.7587130 08/14/2023 LEGAL SERVICES $590.0087131 08/14/2023 4TH OF JULY FESTIVAL PRODUCTION SUPPORT $120.0087132 08/14/2023 UNIFORM SUPPLIES $492.4587133 08/14/2023 INSTRUCTOR PAYMENT $102.0087134 08/14/2023 SPORTS CAMP WK 8 2023 $13,383.9087135 08/14/2023 CASH PICKUP SERVICES JULY 2023 $270.5487136 08/14/2023 CITY SATELITE PHONES $450.0087137 08/14/2023 CITY FUEL $18,375.43 87138 08/14/2023 PROFESSIONAL SERVICES - IncrediFlix Wk 7 2023 $10,785.5387139 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $345.1687140 08/14/2023 NEW HIRE PHYSICALS $340.0087141 08/14/2023 INFECTION CONTROL OFFICES DUTIES $2,000.0087142 08/14/2023 PROFESSIONAL SERVICES $4,250.0087143 08/14/2023 MONTHLY BOOKKEEPING SERVICES JUNE 2023 $36,151.9187144 08/14/2023 FD VEHICLE GOV OBLIGATION CONTRACT $4,907.4187145 08/14/2023 FIRE PROTECTION ENGINEERING PLAN REVIEW $3,600.0087146 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $425.0087147 08/14/2023 PICKLEBALL TRAINING $1,620.00 Accounts Payable LOCKED IN FIRE AND ENGINEERING, INC. Accounts Payable Mason CampbellAccounts Payable MCGEOY, MICHELEAccounts Payable KOFF & ASSOCIATES, INC.Accounts Payable KRISCH & COMPANY AN ACCOUNTANCY CORPORATIONAccounts Payable KS STATEBANKAccounts Payable JAWAD, JENYA, V.Accounts Payable KAISER PERMANENTEAccounts Payable KENNEDY, GREG, CAccounts Payable HONEYWELL INTERNATIONAL, INC.Accounts Payable HUNT & SONS, INC.Accounts Payable IncrediFlix Inc.Accounts Payable CONSTABLE, MARIANNEAccounts Payable FRIEDMAN, NORMAccounts Payable GARDA CL WEST,INC. - CO 120Accounts Payable BARG COFFIN LEWIS & TRAPP, LLPAccounts Payable BARRANCO, LUCIAAccounts Payable CINTAS CORPORATION #054 UNIFORMSAccounts Payable ALERT-ALLAccounts Payable Amazon Capital Services, Inc.Accounts Payable ANCHOR ENGINEERING,, INC.Accounts Payable SUTTER HEALTH PLUSAccounts Payable U.S. BANK - INSTITUTIONAL TRUST - W REGIONAccounts Payable AIR EXCHANGE, INC.Accounts Payable MUNICIPAL POOLING AUTHORITYAccounts Payable NATIONWIDE TRUST COMPANY, FSBAccounts Payable SEIU LOCAL 1021Accounts Payable IAFF LOCAL 1230Accounts Payable KAISER FOUNDATION HEALTH PLANAccounts Payable LEGALSHIELDAccounts Payable HASHIMOTO, KENNETH, J.Accounts Payable CALPERS LONG TERM CARE PROGRAMAccounts Payable HEALTH CARE DENTAL TRUSTAccounts Payable SUPERION, LLCAccounts Payable UNIVERSAL BUILDING SERVICEAccounts Payable HASHIMOTO, KENNETH, J.Accounts Payable R3 CONSULTING GROUPAccounts Payable SHAHKAR, MEHRANAccounts Payable STANTEC CONSULTINGAccounts Payable MAZE & ASSOCIATESAccounts Payable Microsoft CorporationAccounts Payable OFFICE DEPOTAccounts Payable LSA ASSOCIATES, INC. user: Crystal Reams Pages: 3 of 9 Monday, September 11, 2023 Agenda Packet Page 39 of 293
City of El Cerrito
Payment Register
From Payment Date: 8/1/2023 - To Payment Date: 8/31/2023 87148 08/14/2023 MMANC MEMBERSHIP RENEWAL $95.0087149 08/14/2023 UNMET LIABILITY DEDUCTIBLE - JULY 2023 $5,254.7587150 08/14/2023 OFFICE SUPPLIES $132.5887151 08/14/2023 FD OPERATION SUPPLIES $5.5087152 08/14/2023 FLEET SERVICES $988.4187153 08/14/2023 FD STATELITE PHONES $135.9187154 08/14/2023 INSTRUCTOR PAYMENT $735.0087155 08/14/2023 SOFTWARE SUBSCRIPTIONS $15,873.7087156 08/14/2023 FIRE ALARM JUNE 2023 $346.8087157 08/14/2023 OFFICE SUPPLIES $385.9787158 08/14/2023 RECYCLING SERVICES $759.5187159 08/14/2023 BUILDING SUPPLIES $5,506.6387160 08/14/2023 Employee Expense Reimbursement - LUNCH $217.1087161 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $70.0087162 08/14/2023 LEGAL SERVICES $1,467.0087163 08/14/2023 LANGUAGE FLUENCY TEST $450.0087164 08/14/2023 LEGAL SERVICES $8,206.2587165 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $60.0087166 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $30.0087167 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $60.0087168 08/14/2023 HP COMPUTER SERVICE $615.3887169 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $140.0087170 08/14/2023 PROFESSIONAL SERVICES JUNE 2023 $46.8787171 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $140.0087172 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $30.0087173 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $80.0087174 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $90.0087175 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $50.0087176 08/14/2023 LEGAL SERVICES MEYERS NAVE JUNE 2023 $40,667.5987177 08/14/2023 DRUG TESTING PROGRAM Q4 FY2023 $70.4487178 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $60.0087179 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $140.0087180 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $50.0087181 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $10.0087182 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $140.0087183 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $130.0087184 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $240.0087185 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $100.0087186 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $190.0087187 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $80.0087188 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $80.0087189 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $60.0087190 08/14/2023 Accounts Payable HABASH, GEORGE EMPLOYEE EXPENSE REIMBURSEMENT $60.00 Accounts Payable WHITNEY, JOHNAccounts Payable ZHAO, ZITIANAccounts Payable CHOUDJA, PATRICKAccounts Payable TANG, GILBERTAccounts Payable TRAC, RYAN, L.Accounts Payable VAZQUEZ-AVALOS, SERGIOAccounts Payable Ringgenberg, Kent Accounts Payable Rivera, HumbertoAccounts Payable RYDER, GODSONAccounts Payable Olivieri, MichaelAccounts Payable PERALES, EDWARD, J.Accounts Payable RAMOS-BANALES*ALICIAAccounts Payable LEONE AARONAccounts Payable MEYERS NAVEAccounts Payable MUNICIPAL POOLING AUTHORITYAccounts Payable Hernandez, DanielleAccounts Payable HUBBS, SIDNEYAccounts Payable KARKI, RAVIAccounts Payable ELLIOTT, MARIELLEAccounts Payable GROUP 4 ARCHITECTURE, RESEARCH & PLANNING INC.Accounts Payable HASHIMOTO, KENNETH, J.Accounts Payable CEJA, VERONICAAccounts Payable COOPER, PAULAccounts Payable EAST BAY BLUE PRINT & SUPPLYAccounts Payable BERLITZ LANGUAGES, INC.Accounts Payable BERTRAND, FOX, ELLIOT, OSMAN & WENZELAccounts Payable BROSAS, DONOVANAccounts Payable BECKMAN, CHASEAccounts Payable ALVAREZ, NADEEMAccounts Payable BARG COFFIN LEWIS & TRAPP, LLPAccounts Payable STAPLES ADVANTAGEAccounts Payable STERICYCLE, INC.Accounts Payable UNIVERSAL BUILDING SERVICEAccounts Payable ROSTAD*KIKIAccounts Payable SHI - GOVERNMENT SOLUTIONS, INC.Accounts Payable SSD ALARMAccounts Payable PASTIME HARDWAREAccounts Payable PLAZA AUTO SERVICE INCAccounts Payable ROADPOST USA, INC.Accounts Payable MMANCAccounts Payable MUNICIPAL POOLING AUTHORITYAccounts Payable OFFICE DEPOT user: Crystal Reams Pages: 4 of 9 Monday, September 11, 2023 Agenda Packet Page 40 of 293
City of El Cerrito
Payment Register
From Payment Date: 8/1/2023 - To Payment Date: 8/31/2023 87191 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $10.0087192 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $70.0087193 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $110.0087194 08/14/2023 EMPLOYEE EXPENSE REIMBURSEMENT $50.0087195 08/14/2023 STORM DRAIN ASSESSMENT $8,862.5087196 08/14/2023 CULVERT EVALUATION SERVICE, SD ASSESSMENT JUNE FY23 $3,335.0087197 08/17/2023 PD GYM MEMBERSHIP FOR MAY 2023 $1,663.4887198 08/17/2023 FLEET SERVICES $1,960.0087199 08/17/2023 AMERICAN PUBLC WORKS MEMBERSHIP $109.7487200 08/17/2023 OPERATION SUPPLIES $164.0087201 08/17/2023 CITY HALL FIRE INSPECTION $440.0087202 08/17/2023 INSTRUCTOR PAYMENT $246.0087203 08/17/2023 SOFTWARE ANNUAL MAINTENANCE RENEWAL $1,910.1787204 08/17/2023 SENIOIR NUITRITION PROGRAM CAFE COST $100.0087205 08/17/2023 SHREDDING SERVICE JULY 2023 $207.4387206 08/17/2023 CRIME SCENE CLEANING $108.0087207 08/17/2023 INSTRUCTOR PAYMENT $2,415.6087208 08/17/2023 ESS MAINTENANCE $3,905.6587209 08/17/2023 FLEET SERVICES $9,086.0387210 08/17/2023 FLEET SERVICES $181.5887211 08/17/2023 INSTRUCTOR PAYMENT $2,167.2087212 08/17/2023 SPORTS CAMP WEEK 7 $15,394.4487213 08/17/2023 CASH PICKUP SERVICES $22.9587214 08/17/2023 COMMUNITY CENTER POOL SLIDE PAINTING $1,440.0087215 08/17/2023 GYMNASTICS SUMMER CAMP $6,760.0087216 08/17/2023 INSTRUCTOR PAYMENT $2,494.8087217 08/17/2023 INSTRUCTOR PAYMENT $249.0087218 08/17/2023 LITTLE MIDDLE SCHOOL SUMMER SESSION $7,194.0087219 08/17/2023 PISTOL WEAPON LIGHTS $1,796.1587220 08/17/2023 OFF THE BLOCK STEM SUMMER CAMP $5,634.8487221 08/17/2023 SIDEWALK SHAVING CONTRACT FY23-24 $35,000.0087222 08/17/2023 OFFICE SUPPLIES $71.6687223 08/17/2023 INSTRUCTOR PAYMENT $348.0087224 08/17/2023 INSTRUCTOR PAYMENT $4,655.2787225 08/17/2023 INSTRUCTOR PAYMENT $3,762.0087226 08/17/2023 FINGER PRINT SCAN SERVICE FY23-24 $1,371.0087227 08/17/2023 RESIDENT CAMP FOOD SUPPLIES $12,592.3887228 08/17/2023 ONSITE PERMIT TECHNICIAN SERVICES $5,720.0087229 08/17/2023 6001- Permit renewal beyond 1 year extension $140.0087230 08/17/2023 6001-Build Permit: Accessory Dwelling Unit Addition $1,116.22 87231 08/17/2023 6001-Change or Assign Address Request $454.5387232 08/17/2023 6004-F.A.U/Floor Furnace $176.0287233 08/17/2023 6001-Build Permit: Accessory Dwelling Unit Addition $3,080.48 Accounts Payable SUPERIOR MECHANICAL SERVICES INCAccounts Payable THOMAS , WALSH, JAMESAccounts Payable JANICE , WOOAccounts Payable PAUL, MENKESAccounts Payable SEYED , MOEELAccounts Payable STATE OF CA DEPT OF JUSTICEAccounts Payable SYSCOAccounts Payable TRB AND ASSOCIATES, INC.Accounts Payable RILE, KATHRYNAccounts Payable Schlanger, April, AdairAccounts Payable Shababo, Tracey , EliseAccounts Payable MCAVOY, IANAccounts Payable PRECISION CONCRETE CUTTINGAccounts Payable PREMIER GRAPHICSAccounts Payable JONES, HIROMIAccounts Payable Kalgold Technologies Inc.Accounts Payable L.N. CURTIS & SONSAccounts Payable GATE VIEW PAINTING CO, INC.Accounts Payable GRAUL, BELINDAAccounts Payable JADSON SOUZA DE JESUSAccounts Payable ENGBERG, GERIAccounts Payable FRIEDMAN, NORMAccounts Payable GARDA CL WEST,INC. - CO 120Accounts Payable CUMMINS WEST, INC.Accounts Payable DICKINSON FLEET SVCS / COX AUTOMOTIVE Accounts Payable DON'S TIRE SERVICE, INC.Accounts Payable CORODATA SHREDDING INC.Accounts Payable CRIME SCENE CLEANERS, INC.Accounts Payable CRUMP, ALLISONAccounts Payable BLACK, MEI-YUAccounts Payable CI TECHNOLOGIES, INC.Accounts Payable CONTRA COSTA HEALTH SVCS, SENIOR NUTRITION PRGAccounts Payable APWAAccounts Payable BADGE FRAME, INC.Accounts Payable BATTALION ONE FIRE PROTECTIONAccounts Payable Schaaf & Wheeler, Consulting Civil Engineers Inc.Accounts Payable 24 HOUR FITNESS USA, LLCAccounts Payable ALEX AUTO DETAILAccounts Payable MITCHELL, MALIKAccounts Payable RANDHAWA, ARISHDEEPAccounts Payable Schaaf & Wheeler, Consulting Civil Engineers Inc.Accounts Payable KATANSKI, ALEXANDERAccounts Payable MA, SANG user: Crystal Reams Pages: 5 of 9 Monday, September 11, 2023 Agenda Packet Page 41 of 293
City of El Cerrito
Payment Register
From Payment Date: 8/1/2023 - To Payment Date: 8/31/2023 87234 08/21/2023 TEXTILE + MACHINE SEWING CAMPS WKS 2+3 2023 $7,146.9687235 08/21/2023 Public Work Permit Bond/ Deposit July-2023 $1,696.0087236 08/21/2023 Public Work Permit Bond/ Deposit July-2023 $13,603.6587237 08/21/2023 Public Work Permit Bond/ Deposit July-2023 $15,767.6587238 08/21/2023 Public Work Permit Bond/ Deposit July-2023 $2,344.0087239 08/21/2023 Public Work Permit Bond/ Deposit July-2023 $761.6587240 08/21/2023 Public Work Permit Bond/ Deposit July-2023 $1,730.0087241 08/21/2023 Public Work Permit Bond/ Deposit July-2023 $697.0087242 08/21/2023 Public Work Permit Bond/ Deposit July-2023 $1,647.0087243 08/21/2023 Public Work Permit Bond/ Deposit July-2023 $697.0087244 08/21/2023 Public Work Permit Bond/ Deposit July-2023 $1,647.0087245 08/21/2023 Public Work Permit Bond/ Deposit July-2023 $697.0087246 08/21/2023 Public Work Permit Bond/ Deposit July-2023 $1,696.0087247 08/21/2023 Public Work Permit Bond/ Deposit July-2023 $718.0087248 08/21/2023 Public Work Permit Bond/ Deposit July-2023 $1,696.0087249 08/21/2023 Public Work Permit Bond/ Deposit July-2023 $718.0087250 08/21/2023 Public Work Permit Bond/ Deposit July-2023 $792.0087251 08/21/2023 Public Work Permit Bond/ Deposit July-2023 $761.6587252 08/21/2023 OFFICE SUPPLIES $178.4387253 08/21/2023 2022 Slurry Seal: Construction phase PM & Design support (incls $9,110.0087254 08/21/2023 GENERAL OFFICE SUPPLIES $495.1487255 08/21/2023 BRIDGE-Mayfair HUD Hope VI Main Street Grant $150,000.00 87256 08/21/2023 PROFESSIONAL SERVICES $1,850.0087257 08/21/2023 INSTRUCTOR PAYMENT $2,715.00 87258 08/21/2023 First of Two Payments for Utility Box Artist Adaleyd DeLeon $1,250.0087259 08/21/2023 California State Fee for Regulatory Costs FY23-24 $1,430.1287260 08/21/2023 FLEET SERVICES $383.3087261 08/21/2023 FLEET SERVICES $37.9887262 08/21/2023 2022 ADA Modification, Sidewalk and Curb Ramp Project $4,130.0087263 08/21/2023 First of Two Payments for Utility Box Artist Kristen Kong $1,250.00 87264 08/21/2023 STORM WATER TESTING COMPLIANCE LICENSE $4,376.0087265 08/21/2023 LEGAL SERVICES MEYER NAVE $36,331.9887266 08/21/2023 FLEET SERVICES $299.5387267 08/21/2023 EMPLOYEE EXPENSE REIMBURSEMENT $627.0487268 08/21/2023 OFFICE SUPPLIES $205.0087269 08/21/2023 CREEKSIDE PARK PATHWAY CONSTRUCTION $2,700.00 87270 08/21/2023 UNIFORMS SUPPLIES $554.2487271 08/21/2023 Monthly retainer for communications support $5,342.0087272 08/21/2023 Contract No. C3027.23 progress payment 2 $518,545.7687273 08/21/2023 CANDY/SNACK MACHINE $5,411.5887274 08/25/2023 PER3 - CALPERS Longterm Care Ins $39.6687275 08/25/2023 MGT1 - FIRE DEPT MGMT GROUP $50.0087276 08/25/2023 MGT2 - SAFETY EMPLYEE MGMT GROUP $768.00 Accounts Payable CALPERS LONG TERM CARE PROGRAMAccounts Payable EL CERRITO FIRE DEPT MGMT GRPAccounts Payable EL CERRITO PUBLIC SFTY EE MGMTAccounts Payable Tripepi Smith and Associates , Inc Accounts Payable VSS INTERNATIONAL, INC.Accounts Payable WEST COAST VENDING SERVICES, INC.Accounts Payable OFFICE DEPOTAccounts Payable ST. FRANCIS ELECTRICAccounts Payable THE ED JONES COMPANYAccounts Payable MEYERS NAVEAccounts Payable MICHAEL STEADS HILLTOP FORD KIAAccounts Payable MOTOYAMA, LISAAccounts Payable KISTER,SAVIO & REI INCAccounts Payable KONG, KRISTENAccounts Payable MAPISTRYAccounts Payable DIG SAFE BOARDAccounts Payable DON'S TIRE SERVICE, INC.Accounts Payable GRAND PRIX CAR WASH Accounts Payable CARROLL, JAMESAccounts Payable CRUMP, ALLISONAccounts Payable DELEON, ADALEYD, RAccounts Payable AVILA PROJECT MANAGEMENTAccounts Payable BLAISDELL'S BUSINESS PRODUCTSAccounts Payable BRIDGE HOUSINGAccounts Payable LOTE, FINAUAccounts Payable LOTE, FINAUAccounts Payable Amazon Capital Services, Inc.Accounts Payable HD Reliant Mayfair, LLCAccounts Payable HD Reliant Mayfair, LLCAccounts Payable HD Reliant Mayfair, LLCAccounts Payable HD Reliant Mayfair, LLCAccounts Payable HD Reliant Mayfair, LLCAccounts Payable HD Reliant Mayfair, LLCAccounts Payable HD Reliant Mayfair, LLCAccounts Payable HD Reliant Mayfair, LLCAccounts Payable HD Reliant Mayfair, LLCAccounts Payable SUBTRONIC CORPORATIONAccounts Payable ALTEN CONSTRUCTION, INC.Accounts Payable EHRET CO PLUMBING & HEATINGAccounts Payable BESS TESTLAB INCAccounts Payable EVEREST PLUMBING & DRAINAccounts Payable PG&E - OAKLAND OFCAccounts Payable Shababo, Tracey , Elise user: Crystal Reams Pages: 6 of 9 Monday, September 11, 2023 Agenda Packet Page 42 of 293
City of El Cerrito
Payment Register
From Payment Date: 8/1/2023 - To Payment Date: 8/31/2023 87277 08/25/2023 DUE2 - FIRE ASSN DUES $510.0087278 08/25/2023 ACCD - Accidental Death & Dismembermt $69.5087279 08/25/2023 DUE1 - POLICE ASSN DUES $6,111.1287280 08/25/2023 DUE3 - EC PRO FIREFIGHTERS DUES $290.0087281 08/25/2023 COPE - VOLUNTARY COPE DEDUCTION* $1,732.4487282 08/25/2023 PAR - PARS - ARS 457* $4,089.6987283 08/28/2023 Fire Apparatus Repair and Service $10,205.3587284 08/28/2023 FLEET SERVICES $225.0087285 08/28/2023 STAFFING SUPPLIES $35.2687286 08/28/2023 ALARM SERVICES $288.1587287 08/28/2023 LEGAL SERVICES $3,461.2587288 08/28/2023 FLEET SERVICES $412.5087289 08/28/2023 RANGE USE FEE $2,673.0087290 08/28/2023 SART EXAM BILLING $1,700.0087291 08/28/2023 FLEET SERVICES $186.5387292 08/28/2023 ASSETS - EBRCS POLICE RADIO SERVICES $75,060.0087293 08/28/2023 FORENSIC TESTING $115.5087294 08/28/2023 UNIFORM SUPPLIES $1,309.8287295 08/28/2023 FIRE PROTECTION ENGINEERING PLAN REVIEW $150.0087296 08/28/2023 HOTEL SAFETY INSPECTION $271.2287297 08/28/2023 FLEET SERVICES $268.0887298 08/28/2023 FD COMMUNICATION SUPPLIES $596.5987299 08/28/2023 RECRUTING $500.0087300 08/28/2023 OFFICE SUPPLIES $115.7487301 08/28/2023 ROTARY CLUB SUBSCRIPTION PAYMENT Q1-FY24 $225.0087302 08/28/2023 FLEET SERVICES $52.1087303 08/28/2023 MEDICAL SUPPLIES $618.8887304 08/28/2023 FLEET SERVICES $1,305.9587305 08/28/2023 TRAFFIC EVALUATION $503.7587306 08/28/2023 COUNCIL MEMBER EXPENSE REIMBURSEMENT $273.4287307 08/28/2023 Employee Expense Reimbursement $200.0087308 08/28/2023 OFFICE SUPPLIES $189.8987309 08/28/2023 PROPANE FOR RECYCLING $388.8787310 08/28/2023 OESD EQUIPMENT SERVICE $555.8287311 08/28/2023 SOLID WASTER SERVICES $100.0087312 08/28/2023 PEST CONTROL SERVICES $375.0087313 08/28/2023 LOCKER ROOM LIGHTS $1,235.0087314 08/28/2023 PROFESSIONAL SERVICES $12,036.2587315 08/28/2023 UNIFORMS SUPPLIES $551.7287316 08/28/2023 ORDINANCE SUPPLEMENTATION SUBSCRIPTION $1,843.5987317 08/28/2023 FLEET SERVICES $1,884.6587318 08/28/2023 CALSLA ANNUAL MEMBERSHIP $945.0087319 08/28/2023 Accounts Payable DICKINSON FLEET SVCS / COX AUTOMOTIVE FLEET SERVICES $12,191.22 Accounts Payable CIVICPLUS, LLCAccounts Payable COAST COUNTIES PETERBILTAccounts Payable COUNTY OF MARINAccounts Payable Blue ElectricAccounts Payable CASCADIA CONSULTING GROUP, INC. Accounts Payable CINTAS CORPORATION #054 UNIFORMSAccounts Payable ARMOUR PETROLEUM SVC & EQUIPTAccounts Payable ASBURY ENVIRONMENTAL SERVICESAccounts Payable ATCO Pest ControlAccounts Payable HERNANDEZ, BRYANAccounts Payable Amazon Capital Services, Inc.Accounts Payable AMERIGAS PROPANE INCAccounts Payable WESTERN STATE DESIGN INC.Accounts Payable WHITLOCK & WEINBERGER TRANSPORTATION, INC.Accounts Payable WYSINGER, CAROLYNAccounts Payable ROTARY CLUB OF EL CERRITOAccounts Payable SPEED OIL CHANGEAccounts Payable TELEFLEX, INC.Accounts Payable MUNICIPAL EMERGENCY SERVICES INC.Accounts Payable NATIONAL TESTING NETWORK, INC.Accounts Payable OFFICE DEPOTAccounts Payable LOCKED IN FIRE AND ENGINEERING, INC. Accounts Payable MERCURIO BROS. PRINTING, INC, Accounts Payable MICHAEL STEADS HILLTOP FORD KIAAccounts Payable EAST BAY REGIONAL COMMUNICATIONS SYSTEMAccounts Payable FORENSIC SERVICES DIVISIONAccounts Payable L.N. CURTIS & SONSAccounts Payable CITY OF FAIRFIELDAccounts Payable CONTRA COSTA COUNTY HEALTH SERVICES DEPTAccounts Payable DON'S TIRE SERVICE, INC.Accounts Payable BAY ALARM COMPANYAccounts Payable BERTRAND, FOX, ELLIOT, OSMAN & WENZELAccounts Payable CERTIFIED TOWINGAccounts Payable ALAMEDA COUNTY FIRE DEPARTMENTAccounts Payable ALEX AUTO DETAILAccounts Payable Amazon Capital Services, Inc.Accounts Payable PRO FIREFIGHTERS ASSN DUESAccounts Payable SEIU LOCAL 1021Accounts Payable U.S. BANK - INSTITUTIONAL TRUST - W REGIONAccounts Payable FIRE ASSOCIATIONAccounts Payable LIFE INSURANCE OF NORTH AMERICAAccounts Payable POLICE ASSN. user: Crystal Reams Pages: 7 of 9 Monday, September 11, 2023 Agenda Packet Page 43 of 293
City of El Cerrito
Payment Register
From Payment Date: 8/1/2023 - To Payment Date: 8/31/2023 87320 08/28/2023 MONTHLY POWER SWEEPING JULY 2023 $8,587.2587321 08/28/2023 Utilities_EBMUD_Period_jUNE-JULY 2023 $20,148.9287322 08/28/2023 VEG MANAGEMENT REGENCY CT FIRE RD $2,700.0087323 08/28/2023 SPORTS CAMP WEEK 9 $18,916.5087324 08/28/2023 FLEET SERVICES $3,128.1987325 08/28/2023 LITTLE MIDDLE SCHOOL CAMP WK 6 $7,194.0087326 08/28/2023 CHEMICAL SUPPLIES $1,187.1187327 08/28/2023 2023 CHEVROLET TAHOE SPECIAL SERVICE VEHICLES WITH

UPFITTING
$4,907.41
87328 08/28/2023 SKYHAWKS B-BALL CAMP WK 6 $5,495.0487329 08/28/2023 PEST CONTROL SERVICES $1,000.0087330 08/28/2023 CV Park Broken Chain Swing $226.6687331 08/28/2023 ZUMBA FITNESS CLASS JULY 2023 $3,118.5087332 08/28/2023 VOIP PHONE SERVICE FOR CITY STAFF $3,472.9087333 08/28/2023 PARKING SIGNS PURCHASE $76.8387334 08/28/2023 INSTRUCTOR PAYMENT $7,507.2087335 08/28/2023 FLEET SERVICES $788.3187336 08/28/2023 INSTRUCTOR PAYMENT $3,524.4087337 08/28/2023 Small Equipment Supplies $180.8187338 08/28/2023 COMMUNITY CENTER ALARM SEPTEMBER 2023 $173.4087339 08/28/2023 TS & SL Maintenance July 2023 Routine $7,781.7387340 08/28/2023 FORKLIFT LPG COUPLING REPAIR $729.3187341 08/28/2023 Library Janitorial services $45.2587342 08/28/2023 1088- STMP Multi Family Residential $2,897.0087343 08/31/2023 PROFESSIONAL SERVICES FOR MARCH 2023 $35,799.50 87344 08/31/2023 REFUND $5,732.00
$4,370,545.62
2533 08/11/2023 CA - CA Tax $45,395.95
2534 08/11/2023 FED - Fed Tax* $164,359.14
2535 08/11/2023 ICM1 - ICMA-457 #300530 FLAT DOLLAR* $58,622.892536 08/11/2023 PE1% - PERS SEIU* $189,852.422543 08/03/2023 INSTRUCTOR PAYMENT $270.002548 08/25/2023 CA - CA Tax $44,251.62 2549 08/25/2023 FED - Fed Tax* $161,737.02
2550 08/25/2023 ICM1 - ICMA-457 #300530 FLAT DOLLAR* $55,259.742551 08/25/2023 PE CM PEPRA - PERS CM PEPRA* $191,161.092552 08/14/2023 EDD Unemployment Insurance payment $2,925.002553 08/16/2023 $915,584.87
Status Count
CA - CA Tax
Transaction Amount
Total EFTs 11 TransactionsACCOUNTS PAYABLE
Accounts Payable P E R SAccounts Payable EDD - CA Employment Development DeptAccounts Payable CalPERS (CA Public Employees' Retirement System)Accounts Payable EDD - PAYROLL TAX DEPOSITAccounts Payable IRSAccounts Payable MIssionSquare (name chg 03-2021 formerly ICMA)Accounts Payable MIssionSquare (name chg 03-2021 formerly ICMA)Accounts Payable P E R SAccounts Payable KATZ, JUDY Accounts Payable - EFTs
Accounts Payable EDD - PAYROLL TAX DEPOSITAccounts Payable IRSAccounts Payable MAZE & ASSOCIATESAccounts Payable EL DORADO OWNERS TOTAL CHECKS 322 Transactions
Accounts Payable TOYOTA MATERIAL HANDLING NCAccounts Payable UNIVERSAL BUILDING SERVICEAccounts Payable MICHAEL , YUAccounts Payable SINGLE CYLINDER REPAIRAccounts Payable SSD ALARMAccounts Payable ST. FRANCIS ELECTRICAccounts Payable RUIZ, JOEAccounts Payable S.P. AUTOMOTIVEAccounts Payable Shababo, Tracey , EliseAccounts Payable RAMOS, STEPHANIE, RAccounts Payable RINGCENTRAL, INC.Accounts Payable ROADSAFE TRAFFIC SYSTEMS, INC.Accounts Payable MORTON II YOUTH SPORTSAccounts Payable MORTON'S URBAN PEST MANAGEMENTAccounts Payable PASTIME HARDWAREAccounts Payable Kalgold Technologies Inc.Accounts Payable KNORR SYSTEMS, INC.Accounts Payable KS STATEBANKAccounts Payable FIRE SAFETY CLEARINGAccounts Payable FRIEDMAN, NORMAccounts Payable J & O' s COMMERCIAL TIRE CENTERAccounts Payable EAST BAY SANITARY CO.INC.Accounts Payable EBMUD user: Crystal Reams Pages: 8 of 9 Monday, September 11, 2023 Agenda Packet Page 44 of 293
City of El Cerrito
Payment Register
From Payment Date: 8/1/2023 - To Payment Date: 8/31/2023 Payments 331Voided 2Total 333
PAYROLL Status Count
Total Checks 182Total EFTs 479Voided 0Total 661
GRAND TOTAL Total 994 $6,542,582.73
$0.00
$1,256,452.24
Transaction Amount
$150,313.47
$1,106,138.77$5,286,130.49
$36,079.36
$5,250,051.13
user: Crystal Reams Pages: 9 of 9 Monday, September 11, 2023 Agenda Packet Page 45 of 293
Agenda Item No. 7.G.

ORDINANCE NO. 2023-03

AN ORDINANCE OF THE CITY OF EL CERRITO ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF EL CERRITO AUTHORIZING AN AMENDMENT TO THE CONTRACT

BETWEEN THE CITY OF EL CERRITO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS) TO AMEND CURRENT SECTION 20516 (EMPLOYEES SHARING ADDITIONAL COST) AMOUNTS FOR ALL EMPLOYEES IN THE UNITED PROFESSIONAL FIREFIGHTERS’ ASSOCIATION (LOCAL 1230)

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

Section 1: Incorporation of Recitals. The City Council finds that the above Recitals are true and correct and are incorporated herein by reference.

Section 2: Approval of Amended Contract. The City Council hereby authorizes an amendment of the Contract between the City Council of the City of El Cerrito and the Board of Administration, California Public Employees’ Retirement System, a copy of said amendment being attached hereto, marked “Exhibit”, and by such reference made a part hereof as though herein set out in full.

Section 3: Execution by Mayor. The City Council hereby authorizes the Mayor to execute the amendment of the Contract between the City Council of the City of El Cerrito and the Board of Administration, California Employees’ Retirement System and to take any other actions necessary to carry out the intent of this ordinance on behalf of the City Council.

Section 4: Severability. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed the ordinance codified in this chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this chapter would be subsequently declared invalid or unconstitutional.

Section 5: Effective Date. This Ordinance shall take effect and be enforced thirty days after the date of its adoption. Prior to the expiration of fifteen days from the passage thereof, the ordinance or a summary thereof shall be posted or published as may be required by law, and thereafter the same shall be in full force and effect.

THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of El Cerrito on August 15, 2023 and passed by the following vote:

AYES: Mayor Motoyama; Mayor Pro Tem Rudnick; Councilmembers Fadelli, Quinto and Wysinger
NOES: None
ABSENT: None
ABSTAIN: None
Agenda Packet Page 46 of 293
Agenda Item No. 7.G.

ADOPTED AND ORDERED published at a regular meeting of the City Council held on September 19, 2023 and passed by the following vote:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
APPROVED:
_____________________ _
Lisa Motoyama, Mayor
ATTEST:
_______________________
Holly M. Charléty, City Clerk

ORDINANCE CERTIFICATION
I, Holly M. Charléty, City Clerk of the City of El Cerrito, do hereby certify that this Ordinance is the true and correct original Ordinance No. 2023-03 of the City of El Cerrito; that said Ordinance was duly enacted and adopted by the City Council of the City of El Cerrito at a meeting of the City Council held on the September 19, 2023; and that said Ordinance has been published and/or posted in the manner required by law.

WITNESS my hand and Official Seal of the City of El Cerrito on . ________________________
Holly M. Charléty, City Clerk
Agenda Packet Page 47 of 293

AGENDA BILL
Agenda Item No. 7.H.

Date: September 19, 2023
To: El Cerrito City Council
From: Marielle Cuison, Associate Engineer, Public Works Department; Yvetteh Ortiz, Public Works Director/City Engineer
Subject: Safe Streets for All (SS4A) Cooperative Agreement with Contra Costa Transportation Authority for Richmond Street Complete Streets Improvement Project

ACTION PROPOSED
Adopt a resolution approving the Cooperative Agreement between the Contra Costa Transportation Authority (CCTA) and the City of El Cerrito for all phases of project delivery for the Richmond Street Complete Streets Improvement Project consisting of planning, preliminary design and environmental clearance, design including preparation of plans, specifications and estimates (PS&E), right-of-way (ROW) work including utility relocations, and construction, and authorizing the City Manager to execute the agreement in a form approved by the City Attorney.

BACKGROUND
CCTA Grant Application
In Summer 2022, the CCTA led a multi-agency, collaborative effort to submit the “Bicycle and Pedestrian Safety Improvements To Improve Equity Countywide in Contra Costa Project Application” to the U.S. Department of Transportation’s (USDOT’s) Safe Streets and Roads for All (SS4A) Discretionary Grant Program, which supports initiatives that focus on preventing deaths and serious injuries on the nation’s roadways.The application included five projects for various agencies as follows:
• Richmond Street Complete Streets Improvements (in partnership with the City of El Cerrito)
• L Street Pathway to Transit – Bicycle and Pedestrian Improvements (in partnership with the City of Antioch)
• Moraga Road and Canyon Road Complete Streets Improvements (in partnership with the Town of Moraga)
• Antioch Bicycle Garden (in partnership with the City of Antioch and Street Smarts Diablo)
• San Francisco Bay Trail Gap Closure – Martinez Intermodal Station to Crockett (in partnership with the East Bay Regional Park District) Agenda Packet Page 48 of 293
Agenda Item No. 7.H.

The CCTA selected these five projects through its comprehensive safety planning efforts based on their anticipated impacts on 1) safety, 2) equity engagement and collaboration, 3) effective practice and technology, and 4) climate change adaptation and sustainability with emphasis on areas with a high rate of crashes and located within Equity Priority Community (EPC) and located within historically disadvantaged communities and Priority Development Areas (PDA).

In February 2023, the USDOT announced that the CCTA had been awarded $28.9 million to deliver projects that make neighborhoods safer to walk and bike in. Nearly three quarters of the grant ($21.2 million) is earmarked to serve people living in the county’s underrepresented communities, funding improvements that connect to, or are located in, these neighborhoods.The projects will expand equitable access to multimodal transportation options, and increase connectivity to affordable housing, job centers, recreation areas, and essential services.

Studies show that between 2008 and 2017, 20% of collisions countywide involved bicyclists or pedestrians, and those collisions account for 40% of the County’s deadly crashes. The projects funded by SS4A will create a suite of safety improvements based on Vision Zero and Complete Streets – policies and strategies designed to reduce injuries and fatalities and improve the overall experience on the road for pedestrians and bicyclists.

City Project Description
The Richmond Street Complete Streets Improvement Project, the City’s component of the overarching CCTA project, will improve Richmond Street, a minor arterial, to provide safe and accessible pedestrian connections between El Cerrito’s residential neighborhoods to the El Cerrito del Norte and Plaza BART Stations, schools, civic and recreational destinations, commercial districts, and the City’s San Pablo Avenue Priority Development Area (PDA).

The project will improve access and safety for all modes of travel by rehabilitating the pavement; installing high-visibility crosswalks, safety lighting, and rapid rectangular flashing beacons at uncontrolled crosswalks; installing enhanced traffic signing, green pavement markings, and signs to enhance the existing shared-lane bike facility (which complements the low-stress Ohlone Greenway, just 1-3 blocks West); installing painted tear-drop medians and in-fill streets trees for traffic calming; implementing safety upgrades at the Elm/Key/Hill Streets traffic signal; installing ADA compliant curb ramps; and repairing/replacing non-conforming sidewalk. Upgrades to the vehicle detection to enhance bike detection at the four signalized intersections within the project limits will be completed separately as part of the CCTA’s Countywide Smart Signals project, as described in the City Council August 18, 2023 Agenda Bill.

The planning phase is underway including grant administration and coordination with USDOT. The preliminary design and environmental clearance phase is anticipated to begin in January 2024 after execution of all agreements between agencies. The project elements will be refined as the project proceeds through the design phase, including Agenda Packet Page 49 of 293
Agenda Item No. 7.H.
community outreach and engagement.

The timing of the project has been coordinated with the East Bay Municipal Utility District (EBMUD) Wildcat Pipeline Improvement Project. The EBMUD project started construction in August 2023 and anticipates a two-year construction duration, after which construction of the City’s project is planned to begin. City staff have been discussing a pavement restoration agreement with EBMUD as described below.

ANALYSIS
The CCTA will be the lead in all phases of project delivery as required by the USDOT and Federal Highway Administration, the agency administering the grant program. The delivery phases include planning, preliminary engineering and environmental clearance, design and PS&E, ROW work and utility relocations, and construction and services including coordination with federal and local agencies, execution of various project agreements, procurement of required consultants and contractors to complete all phases, oversight of all work, and access to the SS4A funding dedicated to each local agency. Each local agency must contribute the minimum local match funding of 20% required by the SS4A grant for the improvements in its jurisdiction.The proposed agreement delineates the roles, responsibilities, and funding commitments required to implement the Richmond Street Complete Streets Improvement Project.

The preliminary cost estimate for all phases of project delivery is currently $10,104,010 as summarized below.

Preliminary Cost Estimate
Activities Amount
CCTA Planning, Project Management and
Procurement
$348,000
Consultant Services for, Environmental,
PS&E, and Right of Way Engineering
$1,132,000
Construction $7,589,010
Construction Support (Including
Construction Management, Design
Support During Construction & Permit
Fees)
$1,035,000
TOTAL PROJECT COST $10,104,010
The SS4A grant amount dedicated to this project is $8,003,010. The proposed agreement commits the City to pay $2,101,000 from other non-federal sources for the required match for the federal grant and for costs incurred by the CCTA for project management, and all phases of project delivery including environmental clearance, Agenda Packet Page 50 of 293
Agenda Item No. 7.H.

PS&E, ROW and construction. The proposed funding plan for the project is shown below.

Proposed Funding
Funding Source Amount
SS4A (Federal Funding) $8,003,010
Measure J Return to Source $100,000
SB1 Local Streets & Roads $200,000
Measure A Street Improvements $401,000
SB1 Local Partnership ProgramFormulaic$400,000
Utility Reimbursement/Other
Local Funds
$1,000,000
Total $10,104,010
The funding plan is consistent with the City’s 5-year Capital Improvement Program, as presented in the Fiscal Year (FY) 2023-24 Adopted Budget and provides the required match from available local and state sources. Measure J Return to Source and SB1 Local Streets & Roads are two of the City’s special funds that are used for operations and capital projects. SB1 Local Partnership Program funds in the amount of $200,000 per year in FY 2023-24 and FY 2024-25 are available to the City on a formulaic basis because the City is a self-help agency (i.e., local sales tax for transportation purposes).

Finally, as part of the City’s Encroachment Permit for EBMUD’s Wildcat Pipeline Improvement Project, City staff and EBMUD staff have been developing an agreement to coordinate pavement restoration so that, in-lieu of restoring the pavement along their trench section, EBMUD will pay a restoration fee, equivalent to the restoration cost, to the City so that the City can complete a full-width restoration of the pavement along with construction of other improvements planned as part of the Richmond Street Complete Streets Improvement Project (Attachment 3). The agreement with EBMUD is intended to minimize costs and impacts on the community while facilitating comprehensive improvements along an important corridor in El Cerrito.

The proposed agreement with the CCTA requires that the work scope, budget and timelines of deliverables for each project phase to be stipulated in individual task orders.

Each task order will define the advanced amount of funds required to be paid by the City for that phase. The advanced amount is necessary to meet the match requirement by the federal grant, reduce project administrative burden, and minimize cashflow impacts on the CCTA. The actual cost of a specific phase may ultimately vary from the current estimates. The CCTA is required to notify the City once it learns that costs will exceed the estimated amount defined and will negotiate increased funding or implement Agenda Packet Page 51 of 293
Agenda Item No. 7.H.
options to down scope the project to meet available funding while continuing to meet the SS4A requirements. However, under no circumstances is the total combined City contribution to exceed $2,101,000 without an amendment to this Agreement.

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. Approval of the proposed cooperative agreement is consistent with the following Strategic Plan goals: Develop and rehabilitate public facilities as community focal points by addressing ongoing and deferred maintenance of facilities and infrastructure; and Ensure the public’s health and safety by maintaining streets in a state of good repair for all modes of transportation; and Foster environmental sustainability citywide by encouraging alternative modes of transportation to the single occupancy vehicle.

ENVIRONMENTAL CONSIDERATIONS
Under the proposed agreement, the CCTA will prepare all necessary environmental clearance documents under the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) and coordinate with the City as the lead agency for the required CEQA and NEPA approvals.

FINANCIAL CONSIDERATIONS
The planning, preliminary design and environmental clearance, and design/PS&E phases will be underway this current FY 2023-24. Budget appropriations in the amount of $500,000 for the local match required for these phases are included in the FY 2023- 24 Adopted Budget and Capital Improvement Program, under the Richmond Street Improvement Project in the Measure J Return to Source Fund, Measure A Street Improvements Fund, and SB1 Local Streets & Roads Fund.

Future fiscal year funding for construction will be included in the corresponding budgets and is subject to Council approval of annual appropriations. As indicated in the proposed agreement, the cost to complete the project is an estimate. If the CCTA determines that the match amount committed to by the City is insufficient, the CCTA will notify and seek approval of the City to provide additional funds or down scope the project.

LEGAL CONSIDERATIONS
The proposed cooperative agreement is in draft final form. The City Attorney has reviewed the agreement and provided comments. Minor revisions are pending. The final agreement will be in substantially the form attached, subject to review and approval by the City Attorney.

Reviewed by:

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Agenda Item No. 7.H.

Karen Pinkos, City Manager
Attachments:

1. Resolution

2. Cooperative Agreement

3. EBMUD Letter
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RESOLUTION 2023-XX

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

THE COOPERATIVE AGREEMENT BETWEEN THE CONTRA COSTA

TRANSPORTATION AUTHORITY (CCTA) AND THE CITY OF EL CERRITO (CITY)

FOR THE RICHMOND STREET COMPLETE STREETS IMPROVEMENT PROJECT,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT IN A

FORM APPROVED BY THE CITY ATTORNEY
WHEREAS, in Summer 2022, the Contra Costa Transportation Authority (CCTA) led a multi-agency, collaborative effort to submit the “Bicycle and Pedestrian Safety Improvements To Improve Equity Countywide in Contra Costa Project Application” to the U.S. Department of Transportation’s (USDOT’s) Safe Streets and Roads for All (SS4A) Discretionary Grant Program; and
WHEREAS, in February 2023, the USDOT announced that the CCTA had been awarded $28.9 million to deliver five projects that make neighborhoods throughout the county safer to walk and bike in; and
WHEREAS, the Richmond Street Complete Streets Improvement Project, the City’s component of the overarching CCTA project, will improve Richmond Street, a minor arterial, to provide safe and accessible pedestrian connections between El Cerrito’s residential neighborhoods to the El Cerrito del Norte and Plaza BART Stations, schools, civic and recreational destinations, commercial districts, and the City’s San Pablo Avenue Priority Development Area (PDA); and
WHEREAS, the project will improve access and safety for all modes of travel by rehabilitating the pavement; installing high-visibility crosswalks, safety lighting, and rapid rectangular flashing beacons at uncontrolled crosswalks; installing enhanced traffic signing, green pavement markings, and signs to enhance the existing shared-lane bike facility (which complements the low-stress Ohlone Greenway, just 1-3 blocks West); installing painted tear-drop medians and in-fill streets trees for traffic calming; implementing safety upgrades at the Elm/Key/Hill Streets traffic signal; installing ADA compliant curb ramps; and repairing/replacing non-conforming sidewalk; and WHEREAS, the preliminary cost estimate for the project for all phases of project delivery is currently estimated to be $10,104,010; and
WHEREAS, the SS4A grant amount dedicated to this project is $8,003,010, and the proposed agreement commits the City to pay $2,101,000 from other non-federal sources for the required match for the federal grant and for costs incurred by the CCTA for project management, and all phases of project delivery including environmental clearance, plans, specifications, and estimates (PS&E), right-of-way (ROW) and construction; and
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WHEREAS, the funding plan is consistent with the City’s 5-year Capital Improvement Program, as presented in the Fiscal Year (FY) 2023-24 Adopted Budget and provides the required match from available local and state sources including $100,000 from Measure J Return to Source, $400,000 from SB1 Local Partnership Program-Formulaic, $200,000 from SB 1 Local Street & Roads funds, $401,000 in Measure A Street Improvement funds, and $1,000,000 from Utility Reimbursement/Other Local Funds; and
WHEREAS, the CCTA will be the lead in all phases of project delivery as required by the USDOT and Federal Highway Administration, the agency administering the grant program.

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 the Cooperative Agreement between the CCTA for the Richmond Street Complete Streets Improvement Project, 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 September 19, 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:

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COOPERATIVE AGREEMENT NO. X

BETWEEN

CONTRA COSTA TRANSPORTATION AUTHORITY
AND

CITY OF EL CERRITO
FOR

ENVIRONMENTAL CLEARANCE, PLANS, SPECIFICATIONS AND ESTIMATE (PS&E), RIGHT OF WAY (ROW), AND CONSTRUCTION PHASES FOR RICHMOND

STREET COMPLETE STREET IMPROVEMENT PROJECT
I. PARTIES
A. THIS COOPERATIVE AGREEMENT (“Agreement”) effective on [date], is made and entered into by and between the Contra Costa Transportation Authority (AUTHORITY) and the City of El Cerrito (CITY), (AUTHORITY and CITY may be referred to herein as a “Party” and collectively “Parties”).

II. RECITALS
A. WHEREAS, CITY intends to improve Richmond Street, a minor arterial, to provide safe and accessible pedestrian connections between El Cerrito’s residential neighborhoods to the El Cerrito del Norte and Plaza BART Stations, schools, civic and recreational destinations, commercial districts, and the City’s San Pablo Avenue Priority Development Area (PDA) (PROJECT). A detailed description of the PROJECT is set forth in Attachment A; and B. WHEREAS the PROJECT will be designed and constructed using design-bid-build procurement method; and
C. WHEREAS, the CITY has agreed to contribute funds toward the PROJECT and has allocated $100,000 from Measure J Return to Source, $400,000 from SB 1Local Partnership Program Funds (El Cerrito-Formulaic), $200,000 from SB 1 Local Streets & Roads funds, $401,000 in El Cerrito Measure A Street Improvements funds and $1,000,000 from the CITY’s Utility Reimbursement/ Other Local funds to pay for the required match for the Federal funds and for costs incurred by AUTHORITY for Project Management, and all phases of project delivery including planning (including grant application and coordination with USDOT), completion of all necessary environmental review under the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) (collectively Environmental Clearance, preparation of plans, specs and engineering (PS&E), right-of-way (ROW) and Construction of the PROJECT; and
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D. WHEREAS, the AUTHORITY has secured $8,003,010 in United States Department of Transportation (USDOT) funding from the Safe Streets and Roads for All (SS4A) Discretionary Grant Program for the PROJECT; and
E. WHEREAS, the Parties consider PROJECT to be a high priority project of mutual interest and are willing to cooperate in the implementation of the PROJECT; and F. WHEREAS, the Parties wish to enter into this Agreement to delineate roles, responsibilities, and funding commitments relative to the project development, ROW and construction phases of the PROJECT; and
G. WHEREAS, the PROJECT is estimated to cost a total of $10,104,010 as shown in Attachment B; and
H. WHEREAS, the CITY desires the AUTHORITY to provide project planning, delivery services and program management services for all PROJECT activities including coordination with USDOT on funding requirements and execution of PROJECT agreement(s), procurement of required consultants and contractors to complete all activities described in ATTACHMENT B, oversight of said work, and access SS4A funding in the amount of $8,003,010 and I. WHEREAS, CITY understands it is the sole responsibility of CITY to reimburse 100% of actual AUTHORITY costs associated with the above-listed activities; and J. WHEREAS, AUTHORITY will notify the CITY once the AUTHORITY learns that costs will exceed the estimated amount defined in Attachment B. In the event costs exceed the estimated amount defined in Attachment B, Parties will negotiate increased CITY funding or other funding sources, or implement options to down scope the PROJECT to meet available funding while continuing to meet the SS4A requirements, and;
K. WHEREAS, it is mutually understood that the PROJECT will likely proceed in phases including: (i) project planning, (ii) preliminary design and CEQA/NEPA environmental clearance, (iii) design (PS&E), ROW including utility relocations, and (iv) construction, construction management, and closeout. The work scope, budget and timelines of deliverables for each phase will be stipulated in individual task orders for each phase; The task order will define the advanced amount of funds required from the CITY for the phase being delivered. The advanced amount is necessary to meet the match requirement by the federal grant, reduce PROJECT administrative burden, and minimize cashflow impacts on the AUTHORITY, per ATTACHMENT C.

NOW, THEREFORE, the Parties agree to the following:

III. AUTHORITY RESPONSIBILITIES
AUTHORITY agrees:

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A. To provide planning and program management services for all PROJECT activities including coordination with USDOT on funding requirements and execution of PROJECT agreement(s), procurement of required consultants and contractors to complete all activities described in ATTACHMENT B, and oversight of said work.

B. To procure the services of consultant teams to prepare and clear the environmental document (CEQA and NEPA), to develop 35%, 65%, 95%, and Final Plans, Specifications, & Estimates (PS&E), and to provide design support during construction, construction management, and closeout.

C. To coordinate with CITY for CEQA and NEPA approval of the environmental document, as required, and support the CITY as the lead agency for both CEQA and NEPA.

D. To provide utility coordination services and work with the CITY on required documents, utility relocations and agreements. Should there be ROW or easement acquisition, AUTHORITY will procure a consultant for right-of-way acquisition services. AUTHORITY will seek an amendment to cover the cost of these services.

E. Left Blank Intentionally
F. To designate a responsible staff member that will be AUTHORITY’S representative in attending all meetings between the parties or pertaining to the PROJECT, providing and receiving day-to-day communication.

G. AUTHORITY Executive Director is authorized to act on behalf of AUTHORITY under this Agreement.

H. To provide CITY an opportunity to review and comment on, and approve the project delivery documents including procurement documents, environmental documents, PS&E (at the various stages of completion), construction bid and construction administration documents, project budget and consultant contracts and costs.

I. To provide CITY an opportunity to participate in consultant selection for services procured by AUTHORITY.

J. To provide CITY an opportunity to review and comment on all PROJECT agreements entered into by AUTHORITY and pertaining to CITY.

K. To include CITY in Project Development Team (PDT) meetings and related communications on PROJECT progress as well as to provide CITY with copies of PDT meeting minutes and action items.

L. To provide no less than quarterly reports through the duration of the USDOT grant agreement performance period.

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M. Performance of services under these consultant and construction contracts shall be subject to the technical direction of the AUTHORITY’s Executive Director, or designee, with input and consultation from CITY.

N. To facilitate and coordinate obtaining required agreements from USDOT including authorization for expenditure of funds, prior to advertising for professional or construction contracts for PROJECT.

O. To seek reimbursement from USDOT on work performed on any phase of the PROJECT which will be funded by Federal sources as shown in ATTACHMENT C. The actual cost of a specific phase may ultimately vary from the estimates provided and the final reimbursement amount shall be adjusted based on the Federal funding agreements.

P. To prepare and submit invoices to CITY for expenditures related to planning activities incurred by AUTHORITY prior to execution of USDOT agreement.

Q. To prepare and submit a Task Order to CITY, for CITY’s review and approval, describing the work scope, budget and timelines of deliverables prior to initiation of Project Development, ROW and Construction phases. The Task Order will define the amount of CITY funding commitment that will be advanced to AUTHORITY for the phase being delivered.

R. To provide CITY an opportunity to review proposed contract change orders during construction which such approval shall be provided within two working days. Failure to respond within two working days constitutes a waiver of the right to object to the proposed change order.

S. To establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support AUTHORITY’s request for reimbursement, payment vouchers, or invoices which segregate and accumulate costs of project management, Environmental Clearance, PS&E, ROW including utility relocations, construction, construction administration and closeout work elements and produce monthly reports which clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other allowable expenditures by AUTHORITY.

T. To prepare a final accounting of expenditures, including a final invoice for the actual Project Management cost (AUTHORITY and Project Management Oversight staff), Environmental Clearance, PS&E, ROW, and construction costs expended for the PROJECT. The final accounting of expenditures and invoice shall be submitted no later than one hundred and twenty (120) calendar days following the completion of work including resolution of any claims and shall be submitted to CITY for concurrence and approval. The invoice shall include a statement that these PROJECT funds were used in conformance with this Agreement and USDOT requirements and for all PROJECT-specific and support activities, as approved by CITY and described herein.

U. To provide CITY copies of approved contractor invoices and payment vouchers no less than twice annually until PROJECT completion, but not to exceed quarterly.

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V. To cooperate in having a PROJECT-specific audit of all PROJECT expenditures if requested by the CITY. The audit is intended to justify and validate that all funds expended on the PROJECT were used in conformance with this Agreement. The auditor shall be selected by CITY.

W. To reimburse CITY for costs that are determined by subsequent audit to be unallowable within ninety (90) calendar days of AUTHORITY receiving notice of audit findings, which time shall include an opportunity for AUTHORITY to respond to and/or resolve the finding. Should the finding not be otherwise resolved and AUTHORITY fails to reimburse monies due to CITY within ninety (90) calendar days of audit finding, or within such other period as may be agreed between both Parties hereto, the CITY reserves the right to withhold future payments for the PROJECT due to AUTHORITY from any source under CITY’s control.

X. To procure and maintain insurance coverage (or a program of self-insurance of equivalent character and coverage) of the types and in the amounts identified in ATTACHMENT D and name the CITY as an additional insured for all work performed by AUTHORITY on CITY’s behalf. Further, AUTHORITY will ensure that all consultants and subconsultants hired to perform work on the PROJECT name the CITY as an additional insured and procure and maintain insurance coverage of the types and in the amounts identified in ATTACHMENT D.

Y. To attend City Council, Committee, Commission, and public meetings to present design recommendations, PROJECT updates and other information, as needed provided sufficient notice is given.

IV. CITY RESPONSIBILITIES
CITY agrees:

A. To jointly enter into utility agreements with Authority and any affected utilities if utility facilities need to be relocated or new service connections are required to facilitate the PROJECT, acknowledging that the PROJECT represents a “proper governmental use” of any public street affected by the PROJECT and thus utilities will be responsible for any relocation required on such street pursuant to the utilities’ franchise agreements.

B. To enter into any required maintenance agreements and prepare, acquire and execute any required easements for PROJECT prior to construction.

C. To pay an advancement to AUTHORITY for estimated costs for each phase of the PROJECT as specified in CITY approved Task Order(s) submitted by AUTHORITY. The actual cost of a specific phase may ultimately vary from the estimates provided in ATTACHMENT B; however, under no circumstances is the total combined CITY contribution to exceed $2,101,000 without an amendment to this Agreement.

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D. When conducting an audit of the costs claimed under the provisions of this Agreement, to rely to the maximum extent possible on any prior audit of AUTHORITY performed pursuant to the provisions of State and Federal laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that work is acceptable to CITY when planning on conducting additional audits.

E. To designate a responsible staff member that will be CITY’s representative in attending all meetings between the parties or pertaining to the PROJECT, receiving day-to-day communication and reviewing the PROJECT documents.

F. To review and provide comments on Environmental Clearance document, PS&E, construction bids, construction management contracts and closeout documents within 30 days, or other durations as mutually agreed between Parties, of receiving the review request from AUTHORITY.

G. City Manager is authorized to act on behalf of CITY under this Agreement.

H. Subject to applicable law and funding restrictions, CITY has the ultimate authority to make final decisions on changes to the design and procurement methods.

I. To formally accept the PROJECT through City Council action following completion.

J. To facilitate public meetings, meetings with the City Council, Committees, Commissions and the public regarding the PROJECT.

K. To secure funding and reimburse the AUTHORITY for cost increases on the PROJECT or negotiate with AUTHORITY to reduce the scope if additional funding is not available while continuing to meet the SS4A requirements ..

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V. MUTUAL RESPONSIBILITIES
The Parties agree:

A. Performance Period
a. This Agreement shall go into effect on (DATE) (the “Effective Date”). This Agreement shall end 12 months following acceptance of the PROJECT by the CITY and reimbursement of all costs to AUTHORITY, unless extended by written amendment, subject to article H under Section V below.

B. To abide by all applicable federal, state and local laws and regulations pertaining to the PROJECT as of the Effective Date of this Agreement.

C. To abide by all Terms and Conditions contained in the Agreement between USDOT and AUTHORITY for the programming and authorization to expend funding from the fiscal year 2022 Safe Streets and Roads for All Grant program. (Attachment E).

D. In the event AUTHORITY determines cost for any PROJECT phase work may exceed the amounts identified in Attachment B of this Agreement, AUTHORITY shall inform CITY of this determination and thereafter the Parties shall work together in an attempt to agree upon an amendment to either modify the scope of the PROJECT or the amounts identified in this Agreement, or both. Under no circumstances is the total combined CITY contribution to exceed $2,101,000 without an amendment to this Agreement.

E. Eligible PROJECT reimbursements shall include only those costs incurred by AUTHORITY for PROJECT-specific work activities that are described in this Agreement.

F. Neither AUTHORITY nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by CITY and under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless AUTHORITY, its officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) to the extent occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement.

G. Neither CITY nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by AUTHORITY and under or in connection with any work, authority or jurisdiction delegated to AUTHORITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, AUTHORITY shall fully defend, indemnify and save harmless , its officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Agenda Packet Page 62 of 293

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Code Section 810.8) to the extent occurring by reason of anything done or omitted to be done by AUTHORITY under or in connection with any work, authority or jurisdiction delegated to AUTHORITY under this Agreement.

H. This Agreement shall end 12 months following acceptance of the PROJECT by the CITY and reimbursement of all costs to AUTHORITY, unless extended by written amendment, except that the indemnification provisions shall remain in effect until terminated or modified, in writing, by mutual agreement. Notwithstanding any other provision herein, to the extent consistent with the terms and obligations hereof, any Party may terminate this Agreement at any time, with or without cause, by giving thirty (30) calendar days written notice to all the other Parties. In the event of a termination, the Party terminating this Agreement shall be liable for any costs or other non-cancellable obligations it may have incurred or the non-terminating Party may have incurred for the benefit of the terminating Party under the terms of the Agreement prior to termination.

I. The Recitals to this Agreement are true and correct and are incorporated into this Agreement.

J. All signatories hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by executing this Agreement, the Parties hereto are formally bound to this Agreement.

K. Except on subjects preempted by federal law, this Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue shall be in Contra Costa County. All Parties agree to follow all local, state, and federal laws and ordinances with respect to the performance of this Agreement.

L. The Parties agree that each Party and any authorized representative, designated in writing to the Parties, and upon reasonable notice, shall have the right during normal business hours to examine all Parties’ financial books and records with respect to this Agreement. The Parties agree to retain their books and records for a period of three (3) years from the later of; a) the date on which this Agreement terminates; or b) the date on which such book or record was created.

M. If any clause or provision of this Agreement is illegal, invalid or unenforceable under applicable present or future laws, then it is the intention of the Parties that the remainder of this Agreement shall not be affected but shall remain in full force and effect.

N. This Agreement cannot be amended or modified in any way except in writing, signed by all Parties hereto.

O. Neither this Agreement, nor any of the Parties’ rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Party in its sole, and absolute, discretion. Any such attempt of assignment shall be deemed void and of no force and effect.

P. No waiver of any default shall constitute a waiver of any other default whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or Agenda Packet Page 63 of 293

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performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

Q. In the event of litigation arising from this Agreement, each Party to this Agreement shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees relative to paragraphs D and E of this Section.

R. This Agreement may be signed in counterparts, each of which shall constitute an original. This Agreement is effective and shall be dated on the date executed by AUTHORITY.

S. Any notice required, authorized or permitted to be given hereunder or any other communications between the Parties provided for under the terms of this Agreement shall be in writing, unless otherwise provided for herein, and shall be served personally or by reputable courier addressed to the relevant party at the address/email stated below:

If to AUTHORITY: Tim Haile
Executive Director
2999 Oak Road, Suite 100
Walnut Creek, CA 94597
Telephone: 925-256-4735
Email: [email protected]
If to CITY: Yvetteh Ortiz
Public Works Director/City Engineer
10890 San Pablo Avenue
El Cerrito, CA 94530
(510) 215-4382
Email: [email protected]
T. There are no third-party beneficiaries, and this Agreement is not intended, and shall not be construed to be for the benefit of, or be enforceable by, any other person or entity whatsoever.

U. This Agreement, with its exhibits, represents the entire understanding of AUTHORITY and CITY as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

SIGNATURES ON FOLLOWING PAGE:

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COOPERATIVE AGREEMENT NO. X

BETWEEN

CONTRA COSTA TRANSPORTATION AUTHORITY

AND CITY OF EL CERRITO

CONTRA COSTA TRANSPORTATION

AUTHORITY

CITY OF EL CERRITO
By: By:

Federal Glover Karen Pinkos
Chair City Manager
Attest: Attest:

Tarienne Grover
Clerk of the Board
By:

Holly Charléty
City Clerk
By:

Fennemore Wendell
Authority Counsel
Date:________________________________
Sky Woodruff
City Attorney
Date:

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Attachment A

PROJECT DESCRIPTION & PROPOSED IMPROVEMENTS
The PROJECT will improve Richmond Street, a minor arterial, to provide safe and accessible pedestrian connections between El Cerrito’s residential neighborhoods to the El Cerrito del Norte and Plaza BART Stations, schools, civic and recreational destinations, commercial districts, and the City’s San Pablo Avenue Priority Development Area (PDA). The PROJECT will improve access and safety for all modes of travel by rehabilitating the pavement; installing high-visibility crosswalks, roadway safety lighting, and rapid rectangular flashing beacons at uncontrolled crosswalks; installing enhanced traffic signing, green pavement markings, and signs to enhance the existing shared-lane bike facility (which complements the low-stress Ohlone Greenway, just 1-3 blocks West); installing painted tear-drop medians and in-fill streets trees for traffic calming; implementing safety upgrades at the Elm/Key/Hill Streets traffic signal; installing ADA compliant curb ramps; and repairing/replacing non-conforming sidewalk. Specific improvements shall be consistent with the attached independent cost estimate.

Note: Upgrades to the vehicle signal loop detection to enhance bike detection at the four signalized intersections within the project limits are proposed as part of the separate countywide CCTA Smart Signals project.
(Independent Cost Estimate is attached as an Exhibit to the Project Description & Proposed Improvements)
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Attachment B

PROJECT COST ESTIMATE

ACTIVITIES AMOUNT
CCTA Planning, Project Management and Procurement $ 348,000 Consultant Services for, Environmental, PS&E, and Right of Way Engineering $ 1,132,000
CONSTRUCTION $7,589,010

CONSTRUCTION SUPPORT
(Including Construction Management, Design Support
During Construction & Permit Fees)
$1,035,000
TOTAL PROJECT COST $10,104,010
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Attachment C

PROJECT FUNDING TABLE

FUNDING SOURCE AMOUNT
Measure J Return to Source $100,000
SB 1Local Partnership Program Funds (El Cerrito-Formulaic) $400,000 SB 1 Local Street & Roads $200,000
El Cerrito Measure A Street Improvements $401,000
Utility Reimbursement/Other Local $1,000,000
SS4A (Federal Funding) $8,003,010
Total $10,104,010
5401597.1
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Attachment D

INSURANCE REQUIREMENTS
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Attachment E

FHWA/CCTA DRAFT AGREEMENT
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AGENDA BILL
Agenda Item No. 7.I.

Date: September 19, 2023
To: El Cerrito City Council
From: Jennifer Bright, Management Assistant; Melanie Mintz, Community Development Director, Community Development Department; Yvetteh Ortiz, Public Works Director, Public Works Department; Chase Beckman, Fire Marshal/Battalion Chief, Fire Department
Subject: Authorization of Consulting Services Agreements with Multiple Firms for On-call Building, Planning, Fire and Engineering Consulting Services

ACTION PROPOSED
Adopt a resolution authorizing the City Manager to execute professional services agreements with nine (9) consulting firms to provide on-call professional services for three years, with the option to extend for an additional two years, in a total amount not to exceed $2,000,000.

BACKGROUND
The Community Development Department's Building Division issues approximately 1,200 building permits annually. This number has remained reasonably steady in both strong and weak economic years and throughout the COVID-19 pandemic. Most of these permits originate and service the City’s single-family residential housing stock (minor and major remodels, roof replacements, water heaters, window replacements etc.). A smaller, and more difficult to predict, number are for small or large multifamily projects or commercial tenant improvements. While on-call contracts were originally developed in 2017 (Resolution 2017-24) to efficiently meet the anticipated specialized plan check and inspection need that resulted from the adoption of the San Pablo Avenue Specific Plan, the contracts were also intended to efficiently support the intermittent need for temporary staffing in order to maintain staffing levels and cover for vacancies, illness, etc. Both during the pandemic and since then, due to challenges in the building services industry and the tight labor market, the City has relied heavily on consultants to fill positions especially in the Building Division.

California Government Code requires that jurisdictions provide an expedited streamlined permitting process for small residential rooftop solar energy systems and that permits be issued in as little as 24 hours and not more than 3 days, pursuant to the 2020 California Solar Permitting Guidebook. Since 2015, solar permits issued in El Cerrito have grown nearly 4 times, from 77 permits in FY 2014-15 to 307 in FY 2022-

23. The demand for reviewing and issuing the growing number of permits, as well as inspecting the installations, required additional staffing in order to not cause a delay for other projects. On the permit review and issuance side, the City has worked with its oncall consultant, 4LEAF, to handle the solar permitting process from beginning to end offsite to meet the streamlining requirements and not cause a backup in the processing of other permits. The cost of this service is regulated by the State and covered by Agenda Packet Page 74 of 293
Agenda Item No. 7.I.
application fees. In 2022, Senate Bill 379 was passed with additional requirements pertaining to streamlining and solar permits. SB 379 requires cities to implement an online, automated permitting platform to be able to issue permits in real time for systems no larger than 39.4 kilowatts. Community Development staff are currently researching options for compliance and must have a system in place prior to September 30, 2024.

Resolution 2017-24 authorized the City Manager to execute professional services agreements with ten consulting firms to provide building services for an amount not to exceed $250,000 per year. Each agreement was authorized to have an initial term of three years with the option to extend for up to two additional years, which was exercised. Based on availability and other factors, the City utilized services from four of the ten consultants, 4LEAF, Inc., TRB + Associates, West Coast Code Consultants, Inc., and CSG Consultants.

On April 5, 2022, the City Council adopted Resolution 2022-20 authorizing the City Manager to execute amendments to contracts for four consultants, extending their contracts for an additional 18 months, with an additional expenditure of $250,000 for 4LEAF as they had the personnel coverage needed to cover City staff vacancies. This allowed staff to release a new Request for Qualifications (RFQ) to refresh the list of qualified consultant firms to provide necessary on-call consulting services. During the contracted period, the need to utilize these contracts for staffing vacancies and technical services in the Fire and Public Works Departments arose. Because many of these consultants offer services in many disciplines, they were able to meet the changing needs of the City on the existing contracts with Task Orders rather than having to execute new ones, reducing administrative impact on staff.

On March 9, 2023, the City Council adopted Resolution 2023-18 authorizing an amendment to the existing professional services agreement with 4LEAF, Inc. to increase the amount for FY 2022-23 from $500,000 to $875,000. This increase allowed 4LEAF to continue to provide the necessary coverage for staffing vacancies including two full-time Permit Technicians and the City Building Official, inspection services, and to assist with plan review services to bring turnaround times current due to permit process delays.

In early 2023, the El Cerrito Fire Prevention Division identified a need to align with best practices specific to fire-related permitting, plan review, and inspection processes. In Spring 2023, the Building Division also undertook a process evaluation to map current workflow. Fire and Community Development staff worked together to identify a comprehensive process that eliminated redundancy and improved timing and delivery to customers. The collaboration between the two departments allowed a clear window to better understand one another's objectives and to develop a unified working relationship, allowing for a more streamlined service delivery to the El Cerrito community.

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Agenda Item No. 7.I.

On July 14, 2023, the Community Development Department released an RFQ for Building, Planning, Fire (Plan Review and Inspection), and Engineering Consulting Services. By the August 4, 2023, submittal deadline, eleven (11) Statements of Qualification (SOQs) were received from consultants with various fields of expertise.

Community Development staff then interviewed responding consultant firms to evaluate qualifications.

Although the majority of contracted services have involved the Building Division, the Planning Division has also contracted with consulting firms. The Planning Division released an RFQ for consulting services one year prior to the Building Division's original RFQ, and received authorization by City Council Resolution 2016-23 to enter into contracts with ten firms/individuals with not to exceed amounts of $75,000. Some of these contracts were also extended by amendment and used for project-specific work.

The cost for project-specific CEQA documentation is typically covered by the project applicant. Recently, these contracts have been used to compensate for the City’s fulltime Senior Planner vacancy. The proposed action integrates the timeline for on-call consultant services by putting all contracts on the same schedule.

Pursuant to Government Code Section 4526, state and local agencies are allowed to select professional firms such as these on the basis of demonstrated competency and professional qualifications versus using only the lowest bidder. That approach is also consistent with the City’s procurement policy. Because the anticipated amount of work is variable in scope and the timing of permit submittals is hard to predict, on-call agreements with consultant firms are appropriate to allow for rapid procurement of services. Many cities choose to enter into on-call agreements with multiple firms in order to ensure that specialty services are available and that any one consultant’s workload limits will not prevent a city from meeting service delivery goals. For certain projects, a city may ask for proposals from more than one on-call firm to further ensure their compatibility. All task orders implemented through the contracts are contingent upon available budget in the division or department requiring the service.

ANALYSIS
The City entered into contracts with ten firms on April 17, 2017. All selected firms possessed key areas of expertise and demonstrated experience providing building oncall services for municipalities. All firms submitted fee schedules for the various skill levels and specific team members listed in their SOQs along with other cost-related issues such as direct costs and mileage. Due to staff availability and qualifications for tasks at hand, the Department used four of the contracted firms throughout the terms of the original contract and was satisfied with the services provided by all four firms. Those firms consist of:

1. CSG Consultants

2. 4LEAF, Inc.

3. TRB + Associates

4. West Coast Code Consultants, Inc. (WC3)
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Agenda Item No. 7.I.

Table 1 notes the amount of funds spent on each contracted firm and the services provided, spanning FY 2018-19 to current.

Table 1: Consultant Firms by Service and Expenses
Firm FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 CSG - Plan
Check
Services
$59,002.90 $3,352.25 $9,343.50 $110,757.40 $86,663.27
TRB - Plan
Check and
Inspection
Services
$48,156.64 $152,044.61 $242,467.15 $45,127.31 $24,328.20 4Leaf - Solar
Plan Review
(2022-
current), Plan
Check and
Staffing
Services
$268,222.15 $46,230.81 $154,678.94 $690,588.57 $1,119,734.20 WC3 - Plan
Check,
Inspection,
and Solar
Plan Review
Services
(2021-2022)
$100,602.74 $128,506.77 $167,871.57 $118,472.31 $24,317.10 The initial Consulting Services Agreements were crafted as master agreements deferring the specific scope of each task and the cost to be determined on a task order basis. The agreements had an initial term of three years and were extended, as authorized, for two additional years. On April 5, 2022, the City Council then authorized the extension of all four contracts for an additional 18 months, until October 2023, to allow staff to initiate and complete another RFQ process.

Staff released an RFQ on July 14, 2023, requesting SOQs, which were due on August 8, 2023. Staff received 11 responses for on-call Building, Planning, Fire (plan review and inspection), and Engineering consulting services. Firms were invited to respond with qualifications for single or multiple services. Staff conducted interviews of the responding firms and individuals and made the recommendations in Table 2.

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Agenda Item No. 7.I.

Table 2: Recommended Contract Not to Exceed Amounts
Firms Services Amount
4Leaf, Inc.* Solar Plan Review, Building and Planning staffing, Building and Fire Plan Check, Inspection Services
$750,000
Bureau Veritas Building and Fire Plan Check and Inspection Services $250,000 TRB +
Associates
Building Plan Check and Inspection Services $250,000
Ninyo & Moore Engineering Services Only $150,000
MIG Planning Staff and Environmental/CEQA $150,000
STANTEC Planning Staff and Environmental/CEQA $150,000
LSA Environmental/CEQA $75,000
David J. Powers
& Associates
Environmental/CEQA $75,000
INTERWEST Planning Staff and Environmental/CEQA $150,000 * 4LEAF, Inc.: The budget authority with 4LEAF, Inc. was increased over the last two fiscal years to $500,000 and $875,000, as the firm has been providing full-time staff in permit technician, inspector and Building Official positions. This is still the case as Community Development staff and the Human Resources Department strategize and work to fill these positions. The recommended contract authority for 4LEAF for the first year of the contract includes staffing, inspection and plan check services, with the addition of fire-related plan check and inspection. No budget adjustments are requested at this time. Midyear adjustments may be needed, dependent upon staffing and permit volume.

Recommendations are based on responses to the RFQ, as well as the outcomes of the interview process. Award amounts are dependent on service and personnel availability. 4LEAF, Inc. presented the most robust response to staffing needs and has been the firm most often able to fill staffing vacancies. Due to current staffing vacancies in the Building Division and the need to augment staff sick leave, the Building Division is currently utilizing the services of 4LEAF more than the other consultants to fulfill functions based on Permit Technician, Building Official and Inspector vacancies. Also to be noted, two of the firms with recommended awards have experience in disaster response and would be able to provide a Damage Inspector Specialist and other support in the case of a major disaster. This type of event is difficult to budget for, but staff believe contracts with these firms to be prudent.

STRATEGIC PLAN CONSIDERATIONS
Completing all necessary reviews and analysis of proposed development projects in a Agenda Packet Page 78 of 293
Agenda Item No. 7.I.
professional and timely manner is consistent with the Strategic Plan Goal A: Delivering Exemplary Government Services. Augmenting Fire plan review and inspection services to accommodate the increase in necessity aligns with Strategic Plan Goal E: Ensure the Public’s Health and Safety.

ENVIRONMENTAL CONSIDERATIONS
This proposed action does not constitute a project as defined by the California Environmental Quality Act (CEQA). No further environmental review is needed to execute contracts.

FINANCIAL CONSIDERATIONS
There are no funds being requested as part of this action. Expenses and associated revenues have been budgeted within the Departments’ operating budgets. Any additional budget authority, dependent upon the need for services and/or continued staff vacancies, will be brought to City Council at midyear, or prior, as needed. Costs for Plan Check and Inspection services are covered by fees as established in the Master Fee Schedule.

LEGAL CONSIDERATIONS
The standard Master Agreements and the proposed action have been reviewed and approved by the City Attorney.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution
Agenda Packet Page 79 of 293
RESOLUTION 2023-XX

RESOLUTION OF THE CITY COUNCIL OF EL CERRITO AUTHORIZING THE CITY

MANAGER TO EXECUTE NINE PROFESSIONAL SERVICES AGREEMENTS WITH

MULTIPLE CONSULTANTS TO PROVIDE SERVICES ON AN ON-CALL BASIS IN A TOTAL AMOUNT NOT TO EXCEED $2,000,000
WHEREAS, the City requires the services of consultant firms to perform various on-call services in multiple Departments and Divisions; and WHEREAS, it is common for cities to enter into one or more agreements for these services on an as-needed basis; and
WHEREAS, Government Code Section 4526 allows State and local agencies to select professional services firms such as these on the basis of demonstrated competency and professional qualifications, and selection on that basis is consistent with the City’s procurement policy; and
WHEREAS, the City issued a Request for Qualifications on July 14, 2023, for oncall building, planning, fire (plan review and inspection), and engineering consulting services; and
WHEREAS, 11 firms or persons responded by the deadline with complete Statements of Qualifications, were interviewed by staff, and it was determined that nine firms have the required qualifications and can provide the specialty services that are anticipated to be needed by the City: and
WHEREAS, if the cost of a series of tasks with any one firm exceeds the contracted amount in one year, staff will bring a contract amendment before the City Council for approval.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that the City Manager is hereby authorized to execute professional services agreements with the nine (9) forementioned consultant firms for a period of three years with an option to extend for an additional two years, in amounts not to exceed as indicated below:

Firm Services Amount
4 Leaf, Inc Solar Plan Review, Staffing, Building and Fire Plan Check, Inspection Services
$750,000
Bureau Veritas Building and Fire Plan Check and Inspection Services
$250,000
TRB+ Associates Building Plan Check and Inspection Services $250,000 Ninyo & Moore Engineering Services Only $150,000
MIG Planning Staffing and Environmental/CEQA $150,000
STANTEC Planning Staffing and Environmental/CEQA $150,000 LSA Environmental/CEQA $75,000
David J. Powers &
Associates
Environmental/CEQA $75,000
INTERWEST Planning Staffing and Environmental/CEQA $150,000 Agenda Packet Page 80 of 293
BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon passage and adoption.

I CERTIFY that at a regular meeting on September 19, 2023 the City Council of the City of El Cerrito passed this Resolution by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

AGENDA BILL
Agenda Item No. 7.J.

Date: September 19, 2023
To: El Cerrito City Council
From: Will Provost, Assistant to the City Manager, City Management Subject: Amendment to Consulting Services Agreement with Baker Tilly to Provide Additional Consulting Services in Fiscal Year 2023-24

ACTION PROPOSED
Adopt a resolution authorizing the City Manager to execute a second amendment to the consulting services agreement with Baker Tilly US, LLP (formerly Management Partners) to provide consulting services to the City in an amount not to exceed $25,610 in Fiscal Year 2023-24, with the total contract amount not to exceed $100,000, and extending the term of the agreement to June 30, 2024.

BACKGROUND/ANALYSIS
In Fiscal Year (FY) 2022-23, the City of El Cerrito engaged Management Partners/Baker Tilly to provide financial consulting services, to support a City Council retreat, and to facilitate the City Manager’s performance evaluation at a total cost of $36,400. In addition, the City engaged Management Partners/Baker Tilly to develop a new Strategic Plan for the City at a cost not to exceed $37,990, bringing the total amount authorized with Management Partners/Baker Tilly to $74,390 for the Fiscal Year (Resolution 2023-31).

With new staff and vacancies in the City’s Finance Department, the City is in need of additional financial consulting services, primarily to support the Department during this transition. Management Partners/Baker Tilly has proposed to continue providing these services in FY 2023-24 in an amount not to exceed $25,610. The City’s primary consultant for this work is Special Advisor Christopher Bigham, CPA, who holds over 30 years of local government experience, having served in roles that include Assistant City Manager, Budget Director, and Finance Manager. His hourly rate had been discounted from the standard Special Advisor rate of $210 per hour to $165 per hour in FY 2022-

23. For the extended term of the agreement, proposed through June 30, 2024, Mr.

Bigham’s rate will have a smaller discount, with an hourly rate of $185, instead of the standard $210 per hour rate.

With the amended agreement, Management Partners/Baker Tilly will provide on-call financial consulting assistance in the Finance Department for the remainder of the Fiscal Year, providing support to address needs stemming from position vacancies and to support the Finance Director as she continues her transition to the City and providing her with the ability to move more quickly on urgent needs, including the FY 2022-23 audit, that she may identify for the Department.

The City’s Administrative Policy regarding procurement including professional services Agenda Packet Page 82 of 293
Agenda Item No. 7.J.
contracts stipulates that purchases made from a single vendor (either individually or collectively within one fiscal year) over $45,000 require City Council approval. Although the majority of the work being conducted by Management Partners/Baker Tilly was completed and budgeted for in FY 2022-23, since the Strategic Plan is still under way, City Staff are seeking City Council approval for the additional $25,610 in consulting services in FY 2023-24.

City staff is therefore recommending that the City Council authorize the City Manager to amend the current agreement with Management Partners/Baker Tilly to include an additional $25,610 for consulting services in FY 2023-24, for a total contract amount not to exceed $100,000, while also extending the term to end June 30, 2024.

STRATEGIC PLAN CONSIDERATIONS
This item is consistent with Strategic Plan Goal A: Deliver exemplary government services by increasing capacity in the Finance Department and Goal B: Achieve longterm financial sustainability by ensuring policies, procedures and systems are being implemented in accordance with best practices in financial management.

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

FINANCIAL CONSIDERATIONS
The total cost of this amendment is $25,610 and with the amendment the total contract not to exceed amount will be $100,000. The approved Fiscal Year 2023-2024 budget for the City Manager's department has sufficient funds to cover the increased cost of the requested amendment.

LEGAL CONSIDERATIONS
The City Attorney has reviewed the proposed action, and the Consulting services agreement amendment will be reviewed by the City Attorney prior to execution.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution
Agenda Packet Page 83 of 293
RESOLUTION 2023 - XX

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

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE

CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF EL CERRITO AND

MANAGEMENT PARTNERS / BAKER TILLY TO PROVIDE CONSULTING SERVICES IN AN AMOUNT NOT TO EXCEED $25,610 IN FISCAL YEAR 2023-24, WITH THE TOTAL CONTRACT AMOUNT NOT TO EXCEED $100,000, AND EXTENDING THE TERM OF THE AGREEMENT TO JUNE 30, 2024.

WHEREAS, in Fiscal Year (FY) 2022-23, the City of El Cerrito engaged Management Partners / Baker Tilly to provide financial consulting services, to support a City Council retreat, and to provide the City Council with assistance on the City Manager’s performance evaluation, at a total cost not to exceed $36,400; and WHEREAS, in FY 2022-23, the City also engaged Management Partners / Baker Tilly to develop a new Strategic Plan for the City at a cost of $37,990, bringing the total not to exceed amount for the Fiscal Year to $74,390, approved by City Council Resolution 2023-31; and
WHEREAS, with new staff as well as vacancies in the City’s Finance Department, the City is in need of additional financial consulting services; and WHEREAS, Management Partners / Baker Tilly is proposing to continue providing these services in FY 2023-24, at a cost not to exceed $25,610, making an adjustment only to the hourly rate of Special Advisor Christopher Bigham, who will provide on-call support to the City at a rate of $185 per hour; and
WHEREAS, the City’s Procurement Policy stipulates that purchases made from a single vendor (either individually or collectively within one fiscal year) over $45,000 require City Council approval; and
WHEREAS, since the Strategic Plan is still in progress, City Staff are seeking City Council approval for the additional $25,610 in consulting services in FY 2023-24, which will bring the total not to exceed amount to $100,000.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that it hereby authorizes the City Manager to execute an amendment to the consulting services agreement with Management Partners / Baker Tilly to provide consulting services to the City in an amount not to exceed $25,610 in Fiscal Year 2023-24, with the total contract amount not to exceed $100,000, and extending the term of the agreement to June 30, 2024.

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

I CERTIFY that at a regular meeting on September 19, 2023, the City Council of the City of El Cerrito passed this Resolution by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Agenda Packet Page 84 of 293
ABSENT: COUNCILMEMBERS:

AGENDA BILL
Agenda Item No. 7.K.

Date: September 19, 2023
To: El Cerrito City Council
From: Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Subject: Safe Routes to Bay Area Rapid Transit District (BART) Funding Agreement for El Cerrito del Norte Transit-Oriented Development Complete Streets Improvement Project

ACTION PROPOSED
Adopt a resolution approving the Safe Routes to BART Funding Agreement (Agreement) between BART and the City of El Cerrito (City) for the El Cerrito del Norte Transit-Oriented Development (TOD) Complete Streets Improvement Project and authorizing the City Manager to execute the Agreement in a form approved by the City Attorney.

BACKGROUND
BART Grant Program
Safe Routes to BART (SR2B) is a grant program sponsored by BART using voterapproved Measure RR Station Access capital funds to help local agencies improve access for BART riders traveling to BART stations by walking and biking. SR2B Cycle 2 was launched in January 2023 with applications. Cycle 2 aimed at awarding grants ranging from $0.5 million to $1.5 million. To meet BART’s minimum eligibility requirements, a project submission needed to provide design documents completed at a level of 35% or greater, at least 30% in matching funds and proof of authority over right-of-way (ROW) to implement project elements.

As previously reported, due to the unanticipated high inflationary environment in the economy, including the construction industry, City staff have been actively seeking a variety of grants for increased costs for all phases of the Project. Based on the grant requirements, City staff determined the project met the eligibility requirements and was a good candidate to receive a SR2B grant. In early March 2023, City staff submitted a grant application for the Project. In late May 2023, BART informed the City that it had been preliminarily awarded SR2B Cycle 2 grant funding. BART received six applications with a total funding request of $8.15 million and only two were selected, of which the City’s project was one. At the end of July 2023, BART confirmed a grant award of $812,977 as requested by the City.

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Agenda Item No. 7.K.

Project Description
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 improvements consist of enhanced and new protected crosswalks, new context-sensitive bikeways, bus boarding islands, circulation improvements, and various streetscape enhancements. The project location is in the Uptown district of the Specific Plan area and 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 significant portion of the project is on State Route 123, requiring that the project undergo an extensive California Department of Transportation (Caltrans) project development process, amend various maintenance agreements, and secure a Caltrans Encroachment Permit.

A summary schedule showing the start and end of the major project development phases is provided below.

Project Task Start Final
Preliminary Engineering Summer 2019 Fall 2021
Caltrans Project Approval
Document
Fall 2019 Winter 2021/22
Project-Level Environmental
Clearance
Winter 2019/20 Winter 2021/22
Detailed Design/Plans,
Specifications & Estimates
(PS&E)
Winter 2021/22 Summer 2023
Stakeholder Coordination &
Public Outreach
Fall 2021 Fall 2022
ROW Certification Fall 2022 Summer 2023
Federal Authorization to Proceed
with Construction
Spring 2023 Summer 2023
Advertisement/Bidding/Award Fall 2023 Fall 2023
Construction Winter
2023/2024
Winter 2024/2025
Caltrans recently issued its Encroachment Permit for construction activities, a major milestone for the Project. City staff submitted the preliminary Federal Request to Proceed with Construction in March 2023 and final in early July 2023 and is awaiting approval in order to advertise the Project within the next month.

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Agenda Item No. 7.K.

ANALYSIS
The Agreement provides a procedure and the conditions under which BART will pass through to the City the grant funds, in an amount not to exceed $812,977. The City is considered the “Agency” under the Agreement. As the Agency, the City is responsible for managing all phases of the Project including environmental clearance, design, construction, and operations. The City is also responsible for providing all additional funding to complete the Project.

The current cost estimate for all phases of project delivery is $14,894,448 as summarized below.

Current Cost Estimate
Phase Amount
Planning/Conceptual Design (PC) $1,035,718
Environmental Studies (ENV) Included in PC Phase
Final Design - PS&E (PSE) $1,063,049
Right of Way (ROW) $10,000
Construction (CON) $11,080,820
Construction Management (CM) $1,704,861
Total Project Cost $14,894,448
The current funding plan for the Project is shown below.

Funding Plan
Funding Source Amount
SR2B Grant $812,977
One Bay Area Grant Cycle 2 Federal
Grant (OBAG2)
$4,960,000
Contra Costa Transportation Authority
Measure J Transportation for Livable
Communities (CCTA TLC)
$2,312,000
West Contra Costa Transportation
Authority Subregional Transportation
Mitigation Program
$1,189,980
State Affordable Housing Sustainable
Communities Grant (Mayfair)
$2,900,800
Agenda Packet Page 88 of 293
Agenda Item No. 7.K.

SB1 Local Partnership ProgramFormulaic$400,000
Transportation Fund for Clear Air $185,000
Various City Funds
SB1 Local Streets & Roads $151,680
Gas Tax $15,000
City Transportation Impact Fee
(TIF)/Developer Contributions
$1,371,334
Other – Add TIF, SB1 or Measure A
Streets
$595,677
Subtotal $2,133,691
Total Project Funding $14,894,448
The funding plan has been developed over many years, beginning when the City successfully applied for the first two grants, the OBAG2 and the CCTA TLC programs, in 2016. Detailed information on the development of the funding plan is provided in the August 17, 2021 Agenda Bill and the City’s 5-year Capital Improvement Program, as presented in the Fiscal Year (FY) 2023-24 Adopted Budget.

The project design team has 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 at the time of contract award. Based on the above cost estimate and funding plan, the SR2B grant would provide the necessary funds to construct the Project without the need to implement the value engineering measures.

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. Approval of the proposed agreement is consistent with the following Strategic Plan goals: Achieve long-term financial sustainability by continuing to pursue and support opportunities for including outside grants; 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.

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Agenda Item No. 7.K.

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 approved a programmatic Environmental Impact Report and associated Mitigation Monitoring and Reporting Program for the San Pablo Avenue Specific Plan in September 2014, and 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 in March 2022 and revalidation in August 2023.

FINANCIAL CONSIDERATIONS
A portion of the final design and ROW phases and the full construction phase of the Project are underway this current FY 2023-24. Budget appropriations in the amount of $12,140,0003 are included in the FY 2023-24 Adopted Budget and Capital Improvement Program (CIP), under the Del Norte Infrastructure Improvements Project, in the Capital Improvement Fund (grants and TIF), SB1 Local Streets & Roads Fund and Measure A Street Improvements Fund. The budget appropriations will need to be updated to reflect the current funding plan shown above to incorporate the SR2B grant, available TIF funds, and design-related expenditures extending into FY 2023-24.

If the previously estimated funding from the TIF Program is not available by the time of award of the construction contract, the CIP identifies additional funds from the SB1 Local Streets and Roads and Measure A Street Improvements to backfill funding for eligible expenses such as sidewalks, curb ramps and paving. City Staff will return to the City Council no later than December 2023 to request the award of the construction contract, confirm the available Project funding available at that time, and request an amendment to the FY 2023-24 Adopted Budget and Capital Improvement Program as appropriate.

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Agenda Item No. 7.K.

LEGAL CONSIDERATIONS
The proposed Agreement is currently in final draft form. The City Attorney has reviewed the Agreement and provided comments. Minor revisions are pending. 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. BART Funding Agreement
Agenda Packet Page 91 of 293
RESOLUTION 2023-XX

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

THE FUNDING AGREEMENT (AGREEMENT) BETWEEN THE SAN FRANCISCO BAY

AREA RAPID TRANSIT DISTRICT (BART) AND THE CITY OF EL CERRITO (CITY)

FOR THE EL CERRITO DEL NORTE TRANSIT-ORIENTED DEVELOPMENT (TOD)

COMPLETE STREETS IMPROVEMENT PROJECT AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT IN A FORM APPROVED BY THE CITY

ATTORNEY
WHEREAS, Safe Route to BART (SR2B) is a grant program sponsored by BART using voter-approved Measure RR Station Access capital funds to help local agencies improve access for BART riders traveling to BART stations by walking and biking; and WHEREAS, the El Cerrito del Norte TOD Complete Streets Improvement Project will implement multimodal transportation improvements identified in the San Pablo Avenue Specific Plan and Active Transportation Plan, adopted by City Council in September 2014 and April 2016, respectively; and
WHEREAS, due to the unanticipated high inflationary environment in the economy, including the construction industry, costs for all phases of the Project have increased; and WHEREAS, in March 2023, the City submitted a SR2B grant application for the El Cerrito del Norte Transit-Oriented Development (TOD) Complete Streets Improvement Project (Project) and, in July, BART announced that the City had been awarded $812,777 to construct the Project; and
WHEREAS, the Agreement provides a procedure and the conditions under which BART will pass through to the City the grant funds; and WHEREAS, under the Agreement, the City is responsible for managing all phases of the Project including environmental clearance, design, construction, and operations and for providing all additional funding to complete the Project; and WHEREAS, the funding plan for the Project has been developed over many years beginning in 2016 when the City successfully applied for successfully applied for two grants: One Bay Area Grant Program, Cycle 2 (OBAG 2) federal funds in the amount of $4,840,000 and Contra Costa Transportation Authority (CCTA) Measure J Transportation for Livable Communities Program county sales tax funds in the amount of $2,312,000; and
WHEREAS, subsequently, the City has secured West Contra Costa Transportation Authority Subregional Transportation Mitigation Program, State Affordable Housing Sustainable Communities Grant (Mayfair), SB1 Local Partnership ProgramFormulaic, Transportation Fund for Clear Air, and City Transportation Impact Fee Program funds for the Project; and
Agenda Packet Page 92 of 293
WHEREAS, the current cost estimate and funding plan for all phases of project delivery is $14,894,448 and the SR2B grant is estimated to provide the necessary funds to complete the Project; and
WHEREAS, City staff will return to the City Council to request the award of the construction contract, confirm the available Project funding available at that time, and request any needed amendment to the Fiscal Year 2023-24 Adopted Budget and Capital Improvement Program.

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 the Funding Agreement between BART and the City for the Del Norte Transit-Oriented District (TOD) Complete Streets Improvement Project, 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 September 19, 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:

FUNDING AGREEMENT
between

THE SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
and
City of El Cerrito
in connection with the
El Cerrito del Norte TOD Complete Street Improvements Project DRAFT
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2 --
This Grant Agreement (Agreement) is entered into as of the ___ day of _____, 2023, by the San Francisco Bay Area Rapid Transit District (BART) and City of El Cerrito (the “Agency”) in connection with the funding of the El Cerrito del Norte TOD Complete Street Improvements Project in the City of El Cerrito and the construction of multimodal improvements serving the El Cerrito del Norte BART station. El Cerrito del Norte TOD Complete Street Improvements Project will heretofore be known as the Project.

RECITALS

1. The El Cerrito del Norte BART Station located at 6400 Cutting Boulevard, El Cerrito, CA 94530, is owned by BART.

2. El Cerrito del Norte Station is accessed by home-based BART riders who walk, or ride bicycles, representing 25% and 4% of average weekday ridership, respectively. (Source:
2015 BART Station Profile Survey)

3. Safe Routes to BART (SR2B) is a grant program targeting improved active access to BART stations. Grants to local jurisdictions using Measure RR funds will help those partner agencies deliver active access projects for the streets, sidewalks, trails and plazas that serve our riders on their way to and from BART but are not owned by BART.

4. The Project will implement multimodal transportation improvements centered around the El Cerrito del Norte BART Station. The existing facilities are car centric and missing facilities for other modes fo transportation. The Agency has been working with Caltrans since 2019. The design is at the 100% stage. The Project is pending final approval from Caltrans and it is anticipated to start construction in the second half of 2024.

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3 5. Agency has jurisdiction (ownership, standing agreement with property owner or projectspecific permission with the property owner) over the aspects of transportation at hand in the Project, including right-of-way and maintenance, traffic signals and pedestrian and bicycle infrastructure.

6. Agency is the lead on the Project, and has the necessary expertise, experience, and resources to implement the Project.

7. The Project is more fully described in Exhibit A: Initial Project Report, of this Agreement.

8. BART wishes to contribute $812,977 out of the total cost of the Project through a Measure RR-funded SR2B grant to Agency. Implementation of the Project will make it easier for BART riders to walk and/or bike to and from El Cerrito del Norte BART Station.

9. The purpose of this Agreement is to provide a procedure and set forth the conditions under which BART will pass through to Agency the funds necessary to implement the Project, in an amount not to exceed $812,977.

AGREEMENT
NOW, THEREFORE, BART and Agency agree as follows:

SECTION 1: Agency OBLIGATIONS
A. Agency agrees to design and construct the Project as described in Exhibit A of this Agreement.

B. Agency certifies that all complementary fund sources are committed to the Project.

C. Agency will not proceed with the Project construction until there has been complete compliance with the requirements of CEQA (Public Resources Code Sections 21000 et seq.) and Agency’s environmental quality regulations; specifically, Agency retains the absolute discretion to (1) modify the Project to mitigate significant adverse environmental DRAFT
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4 impacts; (2) select feasible alternatives which avoid significant adverse impacts of the Project; (3) require the implementation of specific measures to mitigate the significant adverse environmental impacts of the Project; (4) reject the Project if the economic and social benefits of the Project do not outweigh otherwise unavoidable significant adverse environmental impacts; or (5) approve the Project upon a finding that the economic and social benefits of the Project outweigh otherwise unavoidable significant adverse impacts.

D. Agency agrees to conduct all necessary environmental review for the Project in compliance with the requirements of CEQA (Public Resources Code Sections 21000 et seq.) and [LOCAL AGENCY]’s environmental quality regulations.

E. Agency agrees that all work that Agency performs, or causes to be performed, shall be done in accordance with all applicable laws, statutes, ordinances, rules, regulations, or requirements of the federal, state, or local government, and any agency thereof, including all applicable procurement rules and regulations, which relate to or in any manner affect the performance of this Agreement and all attachments to this Agreement. Further, for any portion of the Project considered a “public work,” Agency agrees to comply with all applicable requirements of the California Business and Professions, Civil, Government, Labor, and Public Contract Codes, including prevailing wage provisions. Agency further agrees that it will comply with all applicable federal and state subrecipient monitoring and reporting requirements.

F. Throughout the implementation of the Project, Agency agrees to comply with all Grant and Project Implementation requirements and guidance as noted in Exhibit B of this Agreement: Safe Routes to BART (SR2B) Grant Program: Cycle 2 Guidelines.

G. This Project will be funded in part with Measure RR bond funds. Agency agrees to use such funds exclusively for improvement of real property, as restricted by the bond rules.

Such funds must be used for The Project as described in Exhibit A of this Agreement.

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5 H. Agency agrees to provide any additional funding that may be needed to complete the Project beyond the $812,977 provided by BART as stipulated by the Agency in its grant application submission. Agency acknowledges that if any portion of the Project is not funded by such additional funding, BART is not obligated to provide grant funds to Agency and is not liable to Agency in any way for such funding.

I. Agency acknowledges that the design and construction of the Project must maintain or improve access for BART’s riders, including those with disabilities, both during and after construction of the Project.

J. Agency must acknowledge Measure RR as a funding source in printed and electronic materials describing the Project, such as project identification construction signage, brochures, handbooks, newsletters, social media, and press releases. Project identification signage will conform to BART’s Project Signage Design Manual, Draft v3, presented as Exhibit C: BART Project Signage Design Manual, Draft v3, of this Agreement.

K. BART has been involved in the design review process at key milestones. BART reserves the right to review additional Project design changes that may occur during construction and propose modifications to the design of the Project to ensure that it is consistent with the initial project scope set forth in Exhibit A of this Agreement and continues to meet the SR2B program goals.

L. Subject to the limitations in Paragraph B above, Agency may enter into contract(s) with third parties for the completion of the Work as follows:
i. Said contract(s) shall be subject to all of the terms, conditions and limitations set forth in this Agreement.
ii. Agency shall provide notice to BART of its intent to award these contract(s). iii. BART reserves the right to seek concurrence on the Agency award of any contract funded by this grant program.

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6 iv. BART’s execution of this Agreement and Agency award of any contract shall not relieve Agency of liability to BART for any charges to the grant that are subsequently disallowed or determined by any audit to be unallowable. v. BART reserves the right to review and concur any contract change order or amendment during the life of the Project.
vi. BART shall not be subject to any obligations or liabilities by contractors or subcontractors of Agency or any other person not a party to this Agreement in connection with this Work, notwithstanding BART’s concurrence in the award of any contracts.
vii. Agency agrees that actions by Agency’s partner organizations, contractors or subcontractors, or any other party or agency shall not relieve Agency of its obligation to fully comply with this Agreement.

M. Recipients that have programs designed to encourage and facilitate the participation of small businesses in its contracts shall be required to implement those programs on all contracts funded by the SR2B program. To the extent that a recipient does not have a small business program, it will be required to encourage small business participation on all contracts funded by SR2B funds. The recipient will be responsible for including a report of all awards and payments to small businesses (whether as a Prime or Subcontractor) with each invoice to BART.

N. Prior to commencement of any Project work, Agency agrees to comply with all insurance requirements provided for in Exhibit B of this Agreement, and to ensure that all of its contractors or third parties performing work are in compliance with such requirements.

O. Agency agrees to invoice BART quarterly for actual costs incurred in the implementation of the Project.

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7 i. Prior to submission of invoices, Agency must register as an approved BART vendor and have relevant staff participate in a BART-led project reporting and invoicing meeting.
ii. Invoices will describe the service performed, the period covered, and the amount charged, as shown in the sample invoice included in Exhibit D: Sample Invoice, of this Agreement.
iii. Invoices will include labor detail (if applicable) for direct construction costs and supporting documentation.
iv. Agency’s invoices to BART pursuant to this Agreement shall segregate costs by activity pursuant to the Initial Project Report in Exhibit A of this Agreement. In addition, each invoice must have sufficient documentation to show SR2B Grant and other funding sources, as initially detailed in Agency’s Initial Project Report.

All invoices shall be sent electronically in PDF format to BART’s Accounts Payable Department at [email protected] and copy [email protected] and [email protected].
v. BART will pay Agency invoices within 30 days of receipt of complete invoice. vi. Agency shall submit final invoices for reimbursement within three months following Project construction completion and acceptance by Agency.

P. Agency agrees to assign a Project Manager to oversee the Project, to see that Project accounts are maintained, and to provide BART with written quarterly progress reports on the Project once agreements are fully executed. The quarterly progress reports to be submitted by the last day of the month following the fiscal year quarter (e.g. quarterly progress report for period July – September should be submitted at the end of October) shall consist of a brief description of the work completed within the quarter, contracting DRAFT
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8 changes (e.g. change orders/amendments to the SR2B funded scope of work), a list of small business contractors, any outstanding impediments to completing the Project, and anticipated work to be completed in the next quarter, in the project report form included in Exhibit E: Quarterly Progress Report, of this Agreement. In addition to the narrative descriptions above, Agency agrees to submit existing condition photos of the Project with Exhibit A of this Agreement, and construction milestones and project completion photos (as applicable) with the subsequent quarterly report form included in Exhibit E: Quarterly Progress Report of this Agreement. These Project reports shall be sent to:

Rachel Factor ([email protected] and [email protected])
Q. Agency agrees that BART funds are used only for actual, allowable, necessary and reasonable costs, and that all Work costs, including local match contributions, if any, shall comply with applicable federal, state or local government requirements as well as SR2B Guidelines provided in Exhibit B of this Agreement.

R. Agency shall allow representatives of BART’s auditors access to all records, books, and documents related to costs or performance under this Agreement, beginning with the execution of this Agreement and extending to three years from the date of final closeout of all Work covered by this Agreement. Agency’s contractors and subcontractors shall be required to maintain all records related to contract or subcontract costs and performance for three years following final payment under the contract or subcontract, and shall allow BART’s representatives to have access to all books, records, and documents relative to all costs and performance under the Agreement for audit and inspection purposes. These terms shall be included in all Agency contracts issued for the Project. i. Agency shall provide, upon request, copies of all source documents required to verify compliance with the requirements of this Agreement, including but not limited to, DRAFT
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9 approved cost allocation plans, written progress reports, job cost ledgers, and time records.
ii. Agency shall maintain all records related to the Work and its costs for three years from the date of final closeout of the Project.

S. Subject to the limitations in Paragraph B above, once the Project is completed, Agency agrees to maintain the Project in the manner in which it maintains all facilities and infrastructure under its jurisdiction. Agency will own the improvements constructed as part of the Project and assume all liability for them.

T. Neither BART, nor any director, officer, agent or employee of BART, is responsible for any damages or liability occurring by reason of anything done or omitted to be done by Agency, its officers, agents and employees, under or in connection with this Agreement. It is also understood that Agency or its contractors will fully indemnify, hold harmless and defend in any claim or litigation BART, its directors, officers, agents and employees from any damage or liability occurring by reason of anything done or omitted to be done by Agency, its officers, agents and employees under or in connection with this Agreement, and to pay and satisfy any resulting judgments; except that said indemnity, hold harmless and defense obligations shall not be applicable to any damage or liability occurring due to the negligence or willful misconduct of BART, its directors, officers, agents and employees.

U. BART, its directors, officers, agents and employees shall be explicitly named as beneficiaries of any indemnity benefitting Agency from any Agency consultant or contractor in connection with the Project.

V. Agency shall ensure that its consultants and contractors shall include BART, its directors, officers, agents and employees as additional insureds under all liability insurance policies required by Agency in connection with the Project.

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10 W. Agency agrees that BART may terminate this Agreement for cause if Agency is in default of any provision of this Agreement and has failed to cure any such default as provided herein. BART shall serve a 30-day written notice of termination on Agency setting forth the manner in which Agency is in default and the manner in which the alleged default may be cured. If Agency does not cure a default within 30 days of the receipt of the notice, or commence to cure within the 30-day period and diligently prosecute the cure to completion to the satisfaction of BART, BART may, in its discretion, terminate this Agreement. If the Agreement is terminated, Agency will reimburse BART all unspent funds transmitted to Agency in accordance with this Agreement prior to termination.

X. During the performance of this Agreement, the Agency, its contractors, its sub-recipients, and its subcontractors shall not deny this Agreement's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Agency shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Furthermore, Agency shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them, in turn, include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this Agreement.

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11 SECTION 2: BART AGREEMENTS
A. In accordance with Section 1.I above, BART may assign a Project Manager to review and provide comments on design plans. Should the BART Project Manager have comments, he or she will provide them within 21 calendar days of receipt of said documents from Agency.

B. BART reserves the right of BART staff and its authorized representatives to conduct construction observation of the project site.

C. BART agrees to pay an amount not to exceed $812,977 for the work described in Exhibit A of this Agreement to be performed by Agency.

D. BART reserves the right to recalculate or proportionately reduce any grant award amount due to Agency for Project scopes that are modified and/or completed under budget or delays, liquidated damages, or non-compliance with provisions of this Agreement SECTION 3: MUTUAL AGREEMENTS
A. Neither party shall assign this Agreement, or any part thereof, without prior express written consent of the other, and any attempt thereof shall be void and unenforceable.

B. All notices required hereunder may be given by personal delivery, U.S. mail, courier service (e.g. Federal Express) or via email ([email protected]). Written notices shall be effective upon receipt at the following addresses:

To BART:

Station Planning, Safe Routes to BART program
2150 Webster Street, 8th Floor
Oakland, CA 94612
Attn: [Rachel Factor ([email protected] and [email protected]] To Agency:

City of El Cerrito
Public Works
10890 San Pablo Avenue
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12 El Cerrito, CA 94530
Attn: Yvetteh Ortiz and email [email protected] C. Nothing in this Agreement is intended to establish the Parties as partners, co-ventures or principal and agent with one another. Neither party may contract or enter into any other agreement in the name of the other.

D. This Agreement shall be interpreted under and pursuant to the laws of the State of California applicable to contracts to be performed within the State, without reference to conflicts of law principles. This Agreement is made in Oakland, California and any action relating to this Agreement shall be instituted and prosecuted in the courts of the Superior Court of California, County of Alameda.

E. This Agreement shall be binding upon and inure to the benefit of approved transferees, successors and assigns of each of the Parties to it, except that there shall be no transfer of any interest by any of the Parties to this Agreement except pursuant to the terms of the Agreement.

F. This Agreement represents the full, complete and entire agreement of the Parties with respect to the subject matter hereof, and supersedes any and all other communications, representations, proposals, understandings or agreements, whether written or oral, between the Parties with respect to such subject matter. This Agreement may not be modified or amended, in whole or in part, except in writing signed by an authorized officer or representative of each of the Parties.

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13 IN WITNESS WHEREOF, the Parties executed this Agreement on or as of the date first written above.

Approved as to form:

______________________________
Sky Woodruff, Agency City Attorney
Agency:

By: ______________________________
Name: Karen Pinkos
Title: City Manager
Approved as to form:
______________________________
Raymond Pascual, BART Attorney
BART:

SAN FRANCISCO BAY AREA RAPID

TRANSIT DISTRICT
By: ______________________________
Name: _Robert Powers
___________________________
Title: General Manager
_____________________________
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14 EXHIBITS AND APPENDICES
Exhibit A: Initial Project Report
Exhibit B: Safe Routes to BART (SR2B) Grant Program: Cycle 2 Guidelines Appendix A: Eligibility and Evaluation Criteria
Appendix B: Cost Estimate, Funding Plan, Budget Narrative, and Schedule Exhibit C: BART Project Signage Design Manual, Draft v3 Exhibit D: Sample Invoice
Exhibit E: Quarterly Progress Report
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SR2B Initial Project Report Page 1 of 8
Project Name: El Cerrito del Norte TOD Complete
Street Improvements Project. IPR Date: August 31, 2023
Project
Manager: Yvetteh Ortiz Target Station(s): El Cerrito del Norte Project
Sponsor: City of El Cerrito Project #: 57RRR101
Grant Amount: $812,977 Project
Amount:

Total cost for the Project scope,
including SR2B grant money.

Describe the Project and its benefits in 250 words or less.

This project will implement multimodal transportation improvements to support the El Cerrito del Norte BART Station and transit-oriented development (TOD) along the San Pablo Avenue PDA. The project will improve access, circulation, and safety for pedestrians, bicyclists, transit users, and motorists to directly connect to BART. Project elements consist of enhanced and new protected crosswalks, new context-sensitive bikeways, bus boarding islands, and various streetscape enhancements.

Budget
Budget status as of IPR date
Project sponsor may add additional project phases/activities as needed.

Project Phase Current Baseline
Budget
SR2B Funded
Budget
SR2B Cost to
Complete
Planning/Conceptual Design (PC) $1,035,718 $0 $0
Environmental Studies (ENV) Included in PC Phase Included in PC Phase
Included in PC
Phase
Final Design - PS&E (PSE) $1,063,049 $0 $0
Right of Way (ROW) $10,000 $0 $0
Construction (CON) $11,080,820 $715,420 $715,420
Construction Management (CM) $1,704,861 $97,557 $97,557 Total $14,894,448 $812,977 $812,977
Comments on budget status
Executive Summary
Safe Routes to BART (SR2B): Initial Project Report (IPR) DRAFT
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SR2B Initial Project Report Page 2 of 8
Project funding sources
Project sponsor may add additional funding sources as needed.

SR2B Grant $812,977
CCTA Measure J TLC Grant $2,312,000
OBAG 2 Federal Grant $4,960,000
WCCTAC STMP $1,189,980
State AHSC Grant $2,900,800
SB1 LPP-Formulaic $400,000
TFCA $185,000
Various City Funds $2,133,691
Funding Total $14,894,448
Comments on funding sources
Project Definition
Project description
Describe the Project and demonstrate how it will result in an operable or usable segment. Include a summary of any prior completed phases and/or future phases or segments associated with the SR2B-funded segment. Attach any graphic information necessary to communicate the scope and intent of the Project.

The overall Project will implement multimodal transportation improvements centered around the del Norte BART Station. The existing facilities are car centric and missing facilities for other modes. The Proposed Project will improve access and safety including:
• New protected crosswalks, including completing the crosswalks at the signalized San Pablo intersections at Knott, Cutting, and Hill/Peerless/Eastshore • A combination of new and enhanced bike facilities on San Pablo Ave, Cutting Bl, Hill St, and Eastshore Bl
• Enhanced signalized intersection treatments for bikes, transit signal priority, and timing optimization on San Pablo Ave intersections at Cutting Bl and Hill St/Eastshore Bl • Pedestrian hybrid beacons/signals at San Pablo/Wall and Cutting/Peerless • Sidewalk improvements including curb extensions (bulb-outs) at bus stops and pedestrian crossings on Hill St.
• ADA accessibility upgrades
• Narrowed travel lanes and conversion of one to two-way streets to slow traffic speeds and improve circulation.
• Streetscape improvements - pedestrian lighting, landscaping, signage, benches, and bike racks The project is intended to create a comfortable environment that balances the needs of all street users, to encourage mode-shift to walking, biking, and taking transit, and to create a sense of place to support the BART Station, TOD, and economic development.

The SR2B Grant will fund the following components of the overall Project:
• Hill Street Improvements: Crosswalk improvements, such as bulb outs and shorter crosswalk length at Liberty and Lexington.
• Cycle Track separation enhancement: better separator methods that will encourage more cyclists to feel more comfortable to bike along the high-volume San Pablo Avenue.

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SR2B Initial Project Report Page 3 of 8
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Project definition
Business
Objectives
Describe the Project purpose, including the problem being addressed and specific accomplishment to be achieved and resulting benefits, as well as the value of the project to the region or corridor, and an explanation of the Project as a worthy transportation investment.

The purpose of the project is to implement multimodal transportation improvements to support the El Cerrito del Norte BART Station and transit-oriented development (TOD) along the San Pablo Avenue PDA.

Scope
Specific elements of the Project to be implemented
The SR2B Grant will fund the following components of the overall Project:
• Hill Street Improvements: Crosswalk improvements, such as bulb outs and shorter crosswalk length at Liberty and Lexington.
• Cycle Track separation enhancement: better separator methods that will encourage more cyclists to feel more comfortable to bike along the highvolume San Pablo Avenue.

Assumptions
What assumptions are being made for the Project to be implemented? The funding is sufficient to implement all elements of the Project. If not value engineering would be required. The goal of value engineer would not be to eliminate any elements but rather using less costly materials.

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Dependencies What needs to be in place for the Project to be implemented? Caltrans approval
Project photo documentation:

Attach high-quality existing conditions photographs (.jpg, .gif, .png), along with a brief description of each photo, to this report.

Location 1: Intersection of San Pablo Avenue and Cutting Boulevard: This photo shows missing crosswalk along the south side of this intersection and lack of bicycle facilities. This photo also shows the current vehicular circulation that would be improved by the project.

Location 2: This photo shows the need for buses to move out of the travel lane and look for opening to move into the travel lane. The Project will include transit island to allow faster bus loading and unloading in the travel lane. The Project will also provide bike facilities.

Location 3: Showing the lack of bicycle facilities.

Location 4: Intersection of San Pablo Avenue and Hill Street. This photo shows the lack of bicycle facilities.

Location 5: Similar to Location 2.

Location 6: This photo shows the lack of bicycle facilities and a missing crosswalk along the north side of the intersection of San Pablo Avenue and Knott Avenue.

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SR2B Initial Project Report Page 6 of 8
At Hill Street and Liberty Avenue, this intersection will be improved to narrow the street to slow down traffic, add crosswalk, curb reconstructed to reduce crosswalk length and add bike marking to enhance the existing bike facilities.

At Hill St and Lexington Avenue, this intersection will be improved by new pedestrian facilities. The curb ramps will be added/reconstructed. The curb line will be reconstructed to narrow the street. The restricted Hill Street northbound right turn to Lexington Avenue pavement marking will be replaced with fire department mountable island. This will provide an improvement to the Lexington Avenue sidewalk.

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SR2B Initial Project Report Page 7 of 8
Along San Pablo Avenue and Cutting Boulevard (from San Pablo Avenue to the I-680), Class IV bike lanes will be added to these busy roadways. The photo on the left is the existing condition along San Pablo Avenue. The photo on the right is an example of what will be constructed.

Risk Status
Include potential issues that may adversely affect the Project or the ability of the sponsor or implementing agency to carry out the Project, along with measures being taken to mitigate these issues.

Risks Mitigations
Challenge to environmental document Address concerns of stakeholders and public early during environmental process.

Paleontological and cultural resource discovery Perform required site investigation during the PC phase. React quickly upon discovery of
paleontological and cultural resources.

Nesting birds Perform required site investigation during the PC phase. React quickly upon discovery of nesting
birds.

Utility relocation delays Project has coordinated with all utility companies, who are preparing to adjust their infrastructures.

Design standard changes Monitor current design standards. Obtain commitment from project approval agency to
disseminate standard changes at the earliest
possible time.

Utility conflicts Early involvement of utility companies to determine all facilities present. Pothole critical
utilities and locations.

Unexpected hazardous materials Ensure a contingency reserve is in place to handle funding and resources needed during
construction.

Unpredictable/high construction bid Confirm that cost estimates at each project stage present the bid climate as it is understood at the
time
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Scheduled Milestones / Deliverables
The Project sponsor may add additional milestones / deliverables as needed.

Milestone Application
Schedule
Current
Forecast Actual Status
Environmental Studies (ENV) 3/25/2022 3/25/2022 3/25/2022 Completed Final Design - PS&E (PSE) 3/20/2023 9/22/2023 Anticipated In progress Advertise Construction N/A 9/25/2023 Anticipated Has not started Award Construction Contract N/A 11/21/2023 Anticipated Has not started Construction Start 7/1/2023 12/15/2024 Anticipated Has not started Construction Complete 12/31/2024 5/15/2025 Anticipated Has not started Open for Operation N/A 5/16/2025 Anticipated Has not started Comments on scheduled milestones / Deliverables:

The City has been working with Caltrans since 2019 in preliminary engineering efforts that resulted in an approved Cooperative Agreement for PS&E & ROW and Project Study Report-Project Report by Caltrans in May 2022. Since early 2022, the City has been working on the detailed design. The City has been meeting with Caltrans project development team and the design is now at 100% level. The City has entered into maintenance agreements with Caltrans and has obtained the Caltrans Encroachment Permit.

Although the project has been delayed from that shown in the application schedule, it is anticipated that construction would start well ahead of the project delivery timeframe required by the SR2B guidelines.

Currently, we are awaiting the Caltrans Authorization to Proceed with Construction related to the federal funding.

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AGENDA BILL
Agenda Item No. 7.L.

Date: September 19, 2023
To: El Cerrito City Council
From: Karineh Samkian, Senior Program Manager; Susan Kattchee, Interim Operations and Environmental Services Division Manager; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department Subject: Purchase Authorization for Renewable Diesel and Unleaded Gasoline

ACTION PROPOSED
Adopt a resolution authorizing the City Manager to enter into fuel purchase agreements through Santa Clara County’s contract bid process for renewable diesel and through the State of California’s contract bid process for unleaded gasoline.

BACKGROUND
Across departments, the City of El Cerrito primarily operates vehicles and equipment that use unleaded gasoline and diesel fuel, which is currently procured from vendor Hunt & Sons, Inc. Diesel is used for the Fire Department’s trucks and equipment and the Public Works Department’s heavy-duty vehicles, equipment, and the curbside recycling collection trucks. Gasoline is used for the Police Department fleet as well as vehicles used by other departments. Aligning with the City's Climate Action Plan (2013) and environmental goals, City staff continue to look for alternative fuel sources, such as biodiesel and renewable diesel, to help lower the Greenhouse Gas (GHG) emissions and environmental impacts of the organization's vehicle fleet.

From approximately 2008 to 2011, the City used biodiesel in all recycling collection trucks. Biodiesel is a renewable fuel that can be produced from vegetable oils, animal fats, or recycled restaurant grease, and contains physical properties that are similar to that of petroleum diesel. However, it is not refined. After some time, it was determined that bacteria in the storage tank (stemming from the biodiesel fuel) was contaminating the fuel storage tank and ultimately causing costly damage to the City's fleet vehicles.

In 2012, renewable diesel was introduced into the California market. Renewable diesel is a refined synthetic diesel fuel made from non-petroleum feedstocks like vegetable oil, animal fats, and waste products. It is chemically identical to petroleum diesel and therefore a better substitute than biodiesel. Renewable diesel has been tested and used by many municipalities with great success. The benefits of renewable diesel are as follows:
• Renewable diesel reduces GHGs with estimates of 65-75% reductions in CO2 emissions, in addition to reductions in fine particles, nitrogen oxides, hydrocarbons, carbon monoxide, and polyaromatic hydrocarbons as compared to petroleum-based diesel.
• Renewable diesel meets the American Society for Testing and Materials (ATSM) Agenda Packet Page 116 of 293
Agenda Item No. 7.L.

D975 specifications for petroleum, so it is suitable for diesel engines. • Renewable diesel is cost competitive with petroleum diesel and biodiesel due to the state’s Low Carbon Fuel Standard, which offsets some of the expense. • The existing diesel tank can be used for renewable diesel, so the conversion does not require having to invest in large scale fueling/charging stations or new vehicles.

Given these benefits, City staff evaluated making the switch to renewable diesel as well as various contracting options for procurement.

ANALYSIS
Renewable Diesel Procurement
Staff evaluated two procurement options for the purchase of renewable diesel. The first was through the competitively bid State of California contract and the second was through piggybacking on Santa Clara County’s competitively bid contract as follows:

1. The State of California contract is with Hunt & Sons, Inc. and allows blended renewable diesel with up to 5% biodiesel.

2. The Santa Clara County contract is with Western States Oil, which is a provider of Neste MY Renewable DieselTM (Neste).

Many renewable diesel brands mix in small quantities of biodiesel and diesel. Given the City’s experience with biodiesel, City staff reached out to various jurisdictions that operate large fleets (Contra Costa County, Walnut Creek, Oakland, and BART) and these jurisdictions have encountered no issues with the renewable diesel provided by Western States Oil (Neste), which is an R99 rated renewable diesel (mix 1% diesel but no biodiesel). Additionally, the City’s Fire Department conducted their own research and concluded that R99 rated renewable diesel would be acceptable and preferred.

The Santa Clara County contract meets the City’s competitive bidding requirements and includes language allowing other entities to utilize the agreement. Proposals were based on price, which included the daily posted per gallon price and the vendors’ fees (i.e. freight), and Western States Oil was the lowest bidder. For these reasons, staff is recommending the City piggyback on Santa Clara County’s contract to procure renewable diesel. Entering into this contract will help the City reduce its GHG emissions. If approved by the City Council, the City will use the renewable diesel until such time as electric recycling collection trucks and fire trucks are fully developed and infrastructure is in place for charging the vehicles.

Unleaded Gasoline
Staff evaluated two procurement options for the purchase of unleaded gasoline. The first was through the competitively bid State of California contract and the second was through piggybacking on Santa Clara County’s competitively bid contract.

Agenda Packet Page 117 of 293
Agenda Item No. 7.L.

Staff recommends the State of California contract for unleaded gasoline since the price was lower than the Santa Clara County contract (per Table 1 in the Financial Considerations section below). State of California proposals were based on price, which included the daily posted per gallon price and the vendors’ fees (i.e. freight), and Pinnacle Petroleum Inc. was the lowest bidder.

STRATEGIC PLAN CONSIDERATIONS
Converting from diesel to renewable diesel in the City’s fleet is consistent with the following El Cerrito Strategic Plan Goal: Foster Environmental Sustainability Citywide by making municipal operations more environmentally friendly as renewable diesel reduces GHGs.

Changing unleaded gasoline vendors for the City’s fleet is consistent with the following El Cerrito Strategic Plan Goal: Achieve Long Term Financial Sustainability by adhering to procurement policies to purchase unleaded gasoline.

ENVIRONMENTAL CONSIDERATIONS
The purchase of fuel for City vehicles and equipment is an ongoing maintenance activity for the City’s fleet and equipment. Such a purchase of renewable diesel also has no potential for causing a significant effect on the environment as the use of renewable fuel reduces GHG emissions and aligns with the City’s Climate Action Plan goals. Thus, this action is not subject to CEQA as an ongoing maintenance activity and an action that has no possibility of having a significant effect on the environment (CEQA Guidelines Sections 15061, 15301).

FINANCIAL CONSIDERATIONS
The City currently spends approximately $263,000 a year to procure diesel and unleaded gasoline. Since fuel prices fluctuate daily, staff requested pricing on one day for comparison, which is similar to the process used by the State and Santa Clara County. Table 1 below summarizes the percent increase in costs of the various options considered as compared to the current costs for diesel and unleaded gasoline.

Table 1. Percent Increase as Compared to Current Costs
State Contract Santa Clara Contract
Unleaded Gasoline 3.19% 5.39%
Renewable Diesel 2.76% 4.77%
Since fuel prices are variable, it is not possible to determine the exact annual cost implication of this action. However, staff estimates fuel costs will increase by approximately 4% or $11,000 (average of using the State contract for unleaded gasoline and the Santa Clara County contract for renewable diesel as City usage is about the same).

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Agenda Item No. 7.L.

The Fiscal Year 2023-24 Adopted Budget of $275,000 across departments accounts for the rising cost of fuel and therefore no additional budget appropriation is required at this time. If fuel prices increase markedly above 4% for a prolonged period of time, City staff will request a budget amendment at a later date.

LEGAL CONSIDERATIONS
The City Attorney has reviewed the proposed action and found that legal considerations have been addressed. Procurement of renewable diesel through piggybacking on Santa Clara County’s contract and unleaded gasoline through the State of California contract bid process is consistent with the City’s Procurement Policy, which allows for the purchase of equipment through competitively solicited contracts through other public agencies.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution

2. Santa Clara County Contract for Renewable Diesel

3. State Contract for Unleaded Gasoline
Agenda Packet Page 119 of 293
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Agenda Item No. 7.L.

Attachment 1
RESOLUTION 2023 - XX

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO FUEL PURCHASE AGREEMENTS THROUGH THE SANTA CLARA COUNTY’S CONTRACT BID

PROCESS FOR RENEWABLE DIESEL AND THROUGH THE STATE OF
CALIFORNIA’S CONTRACT BID PROCESS FOR UNLEADED GASOLINE WHEREAS, the City of El Cerrito (City) operates a fleet of vehicles and equipment to provide routine, emergency and other necessary services to the residents and businesses of the City; and
WHEREAS, the City currently uses unleaded gasoline and diesel for the organization’s vehicle fleet and other equipment; and
WHEREAS, in an effort to meet the Greenhouse Gas reduction goals outlined in the 2013 Climate Action Plan, the City evaluated making the switch from diesel to renewable diesel; and
WHEREAS, renewable diesel is a refined synthetic diesel fuel made from nonpetroleum feedstocks like vegetable oil, animal fats, and waste products; and WHEREAS, renewable diesel reduces CO2 emissions by an estimated 65-75% as compared to diesel, meets American Society for Testing and Materials (ASTM) D975 specifications, is cost competitive to petroleum diesel, and the conversion is simple as the existing tanks can be utilized; and
WHEREAS, to maintain the City fleet in good working order, the City requires a R99 rated renewable diesel (mix 1% diesel but not biodiesel); and WHEREAS, Santa Clara County followed a competitive bid process for the purchase of renewable diesel and the selected vendor is Western States Oil which is a provider of R99 rated renewable diesel; and
WHEREAS, State of California followed a competitive bid process for the purchase of unleaded gasoline and the selected vendor is Pinnacle Petroleum Inc.; and WHEREAS, the City’s Administrative Policy and Procedures for Procurements exempts from competitive bidding procedures the purchase of supplies available through cooperative purchasing arrangements with other governmental agencies that have competitively bid to establish a vendor list; and
WHEREAS, City staff has reviewed the respective procurement process and contracts utilized by the County of Santa Clara and the State to procure renewable diesel and unleaded gasoline, and determined them to be consistent with the City’s cooperative purchasing policy referenced above.

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NOW THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito approves and authorizes the City Manager to enter into fuel purchase agreements with the vendors identified in this resolution pursuant to cooperative purchasing procedures utilizing Santa Clara County’s procurement agreement for renewable diesel and the State of California’s procurement agreement for unleaded gasoline, subject to approval as to form 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 September 19, 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 121 of 293
DocuSign Envelope ID: 63COAB64-9345-40A2-A589-3E3BB66185FO County of Santa Clara
Office of the County Executive
Procurement Department
150 West Tasman Drive
San Jose, CA 95131-1040
Telephone 408-491-7400 • Fax 408-491-7496
FIRST AMENDMENT TO AGREEMENT CW2239583 BY AND BETWEEN THE

COUNTY OF SANTA CLARA AND WESTERN STATES OIL COMPANY
This is the First Amendment to the Agreement between the County of Santa Clara (County) and Western States Oil Company (Contractor) entered into on January 12, 2021 to provide UltraLow Sulfur Diesel and Renewable Diesel 4001 to 6000 Gallons and Big Tanks.

This Agreement is amended as follows effective January 12, 2021:

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1. Key Provision, AGREEMENT TITLE, is revised to read: "Ultra-Low Sulfur Diesel and Renewable Diesel 4001 Gallons and Up and Big Tanks".

2. Key Provision, TOTAL AGREEMENT VALUE, is revised to read: "The total not to exceed value of this Agreement is $5,000,000 which represents an increase of $4,600,000 from the prior not to exceed value of $400,000.

Contractor understands that this not to exceed value does not represent a commitment by County to Contractor."

3. Replace Exhibit B, PRODUCT AND PRICE SCHEDULE, with Exhibit B-1, PRODUCT AND PRICE SCHEDULE, attached hereto and incorporated herein by this reference. Exhibit B-1 includes Ultra-Low Sulfur Diesel and Renewable Diesel 6001 Gallons and Up.

4. Replace Exhibit C, REQUIREMENTS AND SPECIFICATIONS, with Exhibit C-1, REQUIREMENTS AND SPECIFICATIONS, attached hereto and incorporated herein by this reference. Any reference to Ultra-Low Sulfur Diesel and Renewable Diesel 4001 to 6000 Gallons is revised to Ultra-Low Sulfur Diesel and Renewable Diesel 4001 Gallons and Up.

Board of Supervisors: Mike Wasserman,Cindy Chavez, Otto Lee, Susan Ellenberg, S. Joseph Simitian County Executive: Jeffrey V. Smith
Agenda Item No. 7.L.

Attachment 2
Agenda Packet Page 122 of 293
DocuSign Envelope ID: 63COAB64-9345-40A2-A5B9-3E3BB66185FO All other terms and conditions of the Agreement remain in full force and effect. In the event of a conflict between the original Agreement and this Amendment, this Amendment controls.

Prepared and administered by: Samuel Hirsch at (408) 491-7485 or [email protected]
The Agreement as amended constitutes the entire agreement of the parties concerning the subject matter herein and supersedes all prior oral and written agreements, representations and understandings concerning such subject matter.

By signing below, signatory warrants and represents that he/she executed this Amendment in his/her authorized capacity, that he/she has the authority to bind the entity listed below to contractual obligations and that by his/her signature on this Amendment, the entity on behalf of which he/she acted, executed this Amendment.

COUNTY OF SANTA CLARA
ll,Yt,lti, 1/Jp Oe
DocuSJgned by:
1/12/2021
Date
. tilffll~it;>, Sourcing Officer
~~ (}f.wl,, 1/12/2021
Gene Clark Date
Chief Procurement Officer

APPROVED AS TO FORM AND LEGALITY
G~::~~:::t.~~i6 1/12/2021
210 Date
Deputy County Counsel
Attachments:

Exhibit B-1, Product and Price Schedule
Exhibit C-1, Requirements and Specifications
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First Amendment to Agreement CW2239583
Between the County of Santa Clara and Western States Oil Company

CONTRACTOR
By:

Print: Bob Brown
Title: special Project Manager
Date: 1;12;2021
2 Agenda Packet Page 123 of 293
DocuSign Envelope ID: 63COAB64-9345-40A2-ASB9-3E3BB66185FO EXHIBIT 8-1
Product and Price Schedule
The County shall only be charged for goods as included and described in this Exhibit B-1 Product and Price Schedule. Any charges or fees not specifically listed in this Exhibit B-1 shall not be invoiced to the County.

A. PRICING TABLE
# Product Description Range of Quantity UOM Fixed Margin off Ordered OPIS Daily Contract Average
Rack Price
1 Ultra-Low Sulfur 4001-6000 Gallon $-0.0050
Diesel and Renewable
Diesel
2 Ultra-Low Sulfur 6001 and Above Gallon $-0.0150
Diesel and Renewable
Diesel
3 Ultra-Low Sulfur 10000 Gallon $-0.0225
Diesel and Renewable
Diesel Bia Tank
Prices are on a per gallon basis per the increments shown on the table. All prices shall be F.O.B. destination freight prepaid and allowed. All costs incidental to delivery and offloading of fuel or coordinating fuel pick up are included in the price. Pricing does not include any State of California fees, taxes or the Cap-and-Trade for fuel California Carbon Allowance (CAR) fee that went into effect on January 1, 2015. However, the parties agree that all current California fees and taxes will be included in the final paid price per gallon for fuel purchased under the Agreement. The County and the participating agencies will not be charged for any additional fees for the amount of time it takes the Contractor to offload and transfer fuel to tanks in various locations.

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First Amendment to Agreement CW2239583
Between the County of Santa Clara and Western States Oil Company 3 Agenda Packet Page 124 of 293
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EXHIBIT C-1
Requirements and Specifications
Contractor shall provide Ultra-Low Sulfur Diesel and Renewable Diesel 4001 Gallons and Up, and Big Tanks to the County of Santa Clara in accordance with the terms and conditions of this Agreement.

The Agreement shall be used as a master agreement against which the ordering department shall issue subordinate purchase documents based on the pricing, terms, and conditions of the agreement. County does not guarantee, whether implied or in writing, to purchase any estimated quantities based on past usage, annual dollar volume, or quantity. No minimum orders are guaranteed.

A. BACKGROUND
The County of Santa Clara's Facilities and Fleet (FAF) requires Ultra-Low Sulfur Diesel and Renewable Diesel for the locations listed in the service locations in table 2.1 below.

B. OBJECTIVES
Contractor must be capable of:

1. Providing Ultra-Low Sulfur Diesel and Renewable Diesel on an as needed basis;

2. Delivering fuel to multiple County locations on an as needed basis;

3. Following all required specifications and delivery requirements throughout the term of the Agreement.

4. Responding to emergency calls; and

5. Providing reports per County requirements.

C. DEFINITIONS

1. CRPO: Contract Release Purchase Order
Abbreviation for Contract Release Purchase Order, which is a County-issued purchase order provided to the Contractor when an order is placed for contracted services and goods.

2. GARB: California Air Resources Board
D. SPECIFICATIONS AND SUPPLIER RESPONSIBILITIES

1. Technical Specifications

1.1 All products shall conform to the State of California specifications including California Air Resources Board (GARB), American Society of Testing & Materials (ASTM), 'The California Reformulated Gasoline Regulations" Title 13, California Code of Regulations Sections 2250-2273.5 latest version /sub articles, and all-inclusive amendments.

1.1.1 Regular Unleaded Gasoline
First Amendment to Agreement CW2239583 4
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1.1.1.1 Minimum Octane Rating of 87 which shall be determined by using the R+M/2 Method

1.1.1.2 Comply with the requirements of American Society of Testing Materials (ASTM) 0418151 latest version

1.1.2 CARB Specification ULSD #2

1.1.2.1 All diesel fuel sold for vehicular use in California must meet a 15 ppm maximum sulfur limit (Ultra Low) in addition to meeting all the current low aromatics CARB diesel
specifications

1.1.3 CARB Specification ULSD #2 - Red

1.1.3.1 The same specifications as CARB ULSD #2 except for the red dye and dyeing process to donate usage for taxexempt purposes

1.1.4 "Renewable hydrocarbon diesel" means a diesel fuel that is produced from nonpetroleum renewable resources but is not a mono-alkyl ester and which is registered as a motor vehicle fuel or fuel additive under 40 CFR Part 79.

1.1.4.1 The renewable diesel fuel shall conform to California Code of Regulations (CCR) Title 4, Division 9, Chapter 6, Article 5, Section 4149.

1.1.4.2 The renewable diesel fuel shall also meet the requirements of the California Code of Regulation, Title 13, Division 3, Chapter 5, Article 2, Section 2281 (sulfur content) and Section 2282 (aromatic hydrocarbon). Alternative diesel formulations must be certified by CARB. Evidence of such fact shall be available to the County of Santa Clara if requested.

1.1.4.3 The renewable diesel fuel shall meet the requirements of Low Carbon Fuel Standard (LCFS), Title 17, Division 3,
Chapter 1, Subchapter 10, Article 4, Subarticle 7, of
California Code of regulations (CCR), Sections 95480
through 95490 (collectively referred to as "LCFS") applies to any transportation fuel, as defined in section 95481, that is sold, supplied, or offered for sale in California, and to any person who, as a "regulated party" defined in section 95481 and specified in section 95484(a), is responsible for a transportation fuel in calendar year. LCFS regulation became effective on January 12, 2010.

1.1.4.3.1 Note: County of Santa Clara is end user and
will not assume the role as a "regulated party."

1.1.4.4 The carbon intensity of the fuel shall be no more than 50 g C02e/MJ as determined by the Low Carbon Fuel Standard
(LCFS), Title 17, Division 3, Chapter 1, Subchapter 10, Article 4, Subarticle 7, of California Code of Regulations (CCR), Section 95486.

1.1.4.5 SAVE

1.1.5 Storage Life: Fuel shall not deteriorate in ordinary storage and shall not form excessive gum, resin, or deposits.

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17 2. Service Locations

2.1 Contractor shall service the County's required distribution points/locations as listed in the table below.

Location Address
FAF Fleet Management 2265 Junction Ave. San Jose
Roads East Yard 1505 Schallenbers1er Rd. San Jose
Roads West Yard 11031 Doyle Rd. San Jose
Roads South Yard 13550 Diessner, San Martin
Parks Central Yard 995 Hellyer Ave., San Jose
Youns1er Gas Station 90 W. Youns1er Ave., San Jose
James Bovs Ranch 19050 Malas1uerra Ave., Mors1an Hill
Joseph D. Grant Ranch 18405 Mt. Hamilton Road., San Jose Uvas Canyon Park 8515 Croy Rd., Mors1an Hill
Vasona Lake Park 298 Garden Hill Dr., Los Gatos
Calero Lake 3201 McKean Rd., San Jose
Ed Levin Park 3100 Calaveras Road., Miloitas
Mt. Madonna Park Hecker Pass Hwy, Watsonville
Coyote Lake 10840 Coyote Lake Rd. Gilroy
Sanborn-Skyline Park 16055 Sanborn Rd., Saratoga
Stevens Creek Park 11401 Stevens Canyon Rd., Cupertino
Mt. Hamilton San Antonio Valley 47365 San Antonia Valley Road, Livermore Yard

3. Fuel and Fuel Delivery Requirements

3.1 Orders and Locations

3.1.1 Fuel site deliveries will include a combination of filling tanks and direct facility of off-road equipment with specified quantities. No order shall be delivered without an order placed by the responsible County Department.

3.1.2 The County reserves the right to add locations or discontinue service to existing locations without any additional charges or change in the bid price structure. All tanks will be underground unless otherwise stated. All fuel shall be delivered to designated points unless otherwise stated.

3.1.3 The following locations take deliveries by transport:

3.1.3.1 FAF Fleet Management, 2265 Junction Ave. San Jose

3.1.3.2 Roads West Yard, 11031 Doyle Rd. San Jose

3.1.3.3 Roads South Yard 13550 Diessner, San Martin

3.1.3.4 Roads East Yard. 1505 Schallenberger Rd. San Jose

3.1.3.5 Santa Rita Fuel Station, 6175 Madigan Rd. Dublin, CA

3.1.3.6 Santa Rita Fuel Station, 6175 Madigan Rd. Dublin, CA

3.1.3.7 14200 Chapman Road, Leandro, CA 94578

3.2 If delivery vehicle is equipped with metered pumps, these pumps shall be currently certified as to accuracy by the California Department of Agriculture, Division of Weights and Measures.

3.3 If metering is not accomplished from the delivery vehicles at the time of delivery, a highway transportation receipt (H.T.R.), issued at the point where the fuel order was loaded in the delivery vehicle, shall be delivered First Amendment to Agreement CW2239583 6
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DocuSign Envelope ID: 63COA864-9345-40A2-A589-3E38866185FO to the ordering Department. At minimum the H!T/R. shall show the date fuel loaded, carrier, truck numbers, quantity and type of fuel loaded, and temperature when loaded.

3.4AII deliveries shall be temperature corrected to 60 degrees Fahrenheit.

3.5AII delivery trucks shall comply with the California Environmental Protection Agency Air Resources Board approved certified Phase II Vapor Recovery Equipment Requirements. Proof of compliance will be supplied by the awarded vendor when requested by the County. There are many other smaller Back-up Power Generators that tanks do not need to meet the EVR requirements, but at times the vendor may need to service these locations too.

3.6 Delivery dates and times must be coordinated with the County end user Department. All deliveries shall be made Monday through Friday between the hours of 8:00 a.m. to 5:00 p.m. unless special delivery restrictions or instructions are required by the requested County end- user Department.

3.7 Urgent Deliveries

3.7.1 It shall be expected that vendor shall deliver any urgent fill orders placed by the County and participating agencies within twelve (12) hours of the time order is placed with no additional cost.

3.7.2 Urgent deliveries are not anticipated to occur often and shall be kept to a minimum by the end-user Department placing the order.

3.7.3 There are no minimum requirements for urgent deliveries.

3.7.4 All urgent deliveries shall occur during normal delivery hours of 8:00 a.m. to 5:00 p.m. unless special delivery instructions apply by the requesting Department.

3.8 Emergency Deliveries

3.8.1 During a state of emergency, in which a natural disaster or other type of declared emergency, County of Santa Clara is a first responder to said emergency. As a result, the County and any other participating agencies of this contract, will have a priority status on available fuel.

3.8.2 It shall be expected that vendor shall deliver any emergency fill orders placed by the County and participating agencies within four (4) hours of the time order is placed with no additional cost to the County.

3.8.3 Emergency deliveries are not anticipated to occur often and shall be kept to a minimum by the end-user Department placing the order.

3.8.4 There are no minimum requirements for emergency deliveries.

3.8.5 Emergencies deliveries shall be placed by phone from the ordering department with confirmation by electronic mail or facsimile by the same ordering Department.

3.9Standing Time - The County will not be charged any additional fees for the time it takes the Contractor to fuel the County's off-road equipment or generator tanks.

3.1 O Spillage

3.10.1 The County has a "zero" leakage standards for fuel transfer operations.

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3.10.2 The Contractor shall provide equipment for and training of truck drivers to minimize the chance of spillage during connection and disconnection of hoses and during the transfer of fuel.

3.10.3 The vendor shall ensure that all equipment, tools and procedures used follow all applicable specifications and regulations governing such operations.

3.10.4 In the event of leakage or spillage, it shall be the vendor's responsibility to effect immediate containment, cleanup, and disposal and restoration activities in accordance with applicable State of California laws and regulations and subject to County's satisfaction.

3.10.5 All material associated with such clean-up shall be removed by the Contractor.

3.11 Safety Data Sheet - It is required by law that all hazardous materials must be identified and be accompanied with a "Safety Data Sheet" (SOS) at the delivery site.

3.12 Substitutions - Contractor will not be allowed to substitute any product with any other without the consent of the County end-user Department placing the order. If substitute products are delivered without approval, it will be the responsibility of the vendor to collect product at no charge or penalty to the County.

4. Electronic Transactions in Ariba Network
The County has implemented the Santa Clara County Procure-to-Pay Collaborative Commerce (SCC P2P) project in year 2015 to streamline its procurement and payment functions. The County transacts business with its suppliers electronically using the Ariba system, which includes issuing purchase orders to and receiving invoices from its suppliers. In order to do business with the County, Contractor needs to register to establish a relationship with the County on the Ariba Network. The Ariba Network is a cloud-based electronic commerce network that allows buyers and sellers of goods and services to collaborate.

Contractor will not be charged for their relationship and/or any transactions with the County of Santa Clara on the Ariba Network.

Contractor shall provide and maintain an Ariba-compatible catalog of all products within the scope of the contract.

5. Reports
Contractor shall be responsible for processing, discussing, and submitting reports upon request, which shall include, but not be limited to:

5.1 Spend Reports - Expenditures against the Agreement, including ability to provide total spend by the County, total spend for contracted services and products, and total spend by date.

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5.2 Usage Reports - Includes but shall not be limited to the cumulative contract activity and any other analytical information as mutually agreed upon.

5.3 Upon request and as mutually agreed upon by County and Contractor, Contractor shall provide additional reports on items that are not contained in the spend or usage reports.

6. Invoicing

6.1 Invoices shall be provided to the County end user departments submitting the CRPO. Invoices shall include, but not be limited to the following information:

6.1.1 Fuel site location;

6.1.2 Date and time of transport;

6.1.3 Description(s) of product(s) provided;

6.1.4 Amount of fuel;

6.1.5 Total gallons and dollars by product;

6.1.6 Summary of fuel gallons applicable taxes;

6.1.7 Copy of OPIS Rack Price for the date of order/delivery

6.1.8 Associated CRPO numbers(s); and

6.1.9 Associated Agreement number.

6.2 Contractor shall correct any invoices that include incorrect or missing information. Invoices cannot be processed until invoices are correct and approved by County department.

6.3 Contractor shall not invoice the County for any fees or charges not specifically listed in the final agreement.

6.4Credit Memos - Contractor shall issue credit memos to the County identifying any amounts due back to the County for incorrect charges (e.g. overcharges, cancellations, non-contracted products, etc.).

E. COUNTY RESPONSIBILITIES
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1. County shall issue a CRPO to the Contractor for all contracted products to be ordered against this Agreement.

1.1 CRPO issuance may need to be processed upon delivery of products by Contractor. For these instances, County shall issue CRPO's after delivery of products and receipt of invoice.

1.2 County shall not process any invoices for payment until goods are delivered and received.

First Amendment to Agreement CW2239583 9
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DocuSign Envelope ID: 8415C75E-195E-44D9-AC77-02C99D269B91 County of Santa Clara
Office of the County Executive
Procurement Department
150 West Tasman Drive
San Jose, CA 95134
Telephone 408-491-7400 • Fax 408-491-7496

AGREEMENT BETWEEN THE COUNTY OF SANT A CLARA AND

WESTERN STATES OIL COMPANY
FOR RENEWABLE RED DYED DIESEL 1501 GALLONS AND UP
This agreement is entered into by and between the County of Santa Clara (the County) and Western States Oil Company (Contractor or Supplier) (the Agreement), for Renewable Red Dyed Diesel 1501 Gallons and Up.

The effective date of the agreement is January 12, 2021. The parties, intended to be bound, mutually agree as follows:

AGREEMENT TITLE:

AGREEMENT NUMBER:

INITIAL AWARD DATE:

AGREEMENT TERM:

COMMODITY NAME/ CODE:

AUTHORIZED USER:

COUNTY DEPARTMENT
CONTACTS:

SUPPLIER:

KEY PROVISIONS
Renewable Red Dyed Diesel 1501 Gallons and Up
CW2239581
January 12, 2021
January 12, 2021 through January 11, 2024, unless
terminated earlier or otherwise amended with option by
County to renew for two additional one-year periods
Bulk Fuel/ 405
Facilities and Fleet
2265 Junction Ave
San Jose, CA 95131
Dennis Brooks, Fleet Manager
Facilities and Fleet
(408) 468-8901; [email protected]
Western States Oil Company
1790 South Tenth Street
San Jose, CA 95112
Board of Supervisors: Mike Wasserman, Cindy 01avez, Otto Lee, Susan Ellenberg, S. Joseph Simitian County Executive: Jeffrey V. Smith
Agenda Packet Page 131 of 293
DocuSign Envelope ID: 8415C75E-195E-44D9-AC77-02C99D269B91 SUPPLIER CONTACT:

SUPPLIER NUMBER:

PURPOSE:

TAX STATUS:

PAYMENT TERMS:

TOTAL AGREEMENT VALUE:

COUNTY CONTRACT
ADMINISTRATORS:

REFERENCES:

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Agreement CW2239581
Between County of Santa Clara and
Western States Oil Company
Bob Brown, Special Projects Manager
(408) 351-2328; [email protected]
1011225
To establish a contract with Western States Oil
Company for Renewable Red Dyed Diesel 1501
Gallons and Up.

Taxable
Net45
Not to Exceed $400,000; Contractor understands that
this Not to Exceed amount does not represent a
commitment by County to Contractor.

Samuel Hirsch, Buyer II
(408) 491-7 485; [email protected]
Chaz Miyamoto, Buyer I
(408) 491-7468; [email protected]
The following is incorporated and constitutes a material part of the Agreement:

Exhibit A: County of Santa Clara Standard Terms and
Conditions for
Exhibit B: Product and Price Schedule
Exhibit C: Requirements and Specifications
Exhibit D: Insurance Requirements (B-2)
Exhibit E: Federally Required Contract Provisions

Page 2 of 45 ends

Agenda Packet Page 132 of 293
OocuSign Envelope ID: 8415C75E-195E-4409-AC77-02C990269891 By signing below, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity, that he/she has the authority to bind the entity listed below to contractual obligations and that by his/her signature on this Agreement, the entity on behalf of which he/she acted, executed this Agreement.

COUNTY OF SANT A CLARA
1/11/2021
T ef9SftCO~t Date
Senior Strategic Sourcing Officer
~ GD"""'"" by
t Ch~~l~~"
1/12/2021
Date
Director of Procurement

APPROVED AS TO FORM AND LEGALITY
G~~::~::j,,.:tvi=_ib __________ _ S oniio
Deputy County Counsel
Date 1;11;2021
Agreement CW2239581
Between County of Santa Clara and
Western States Oil Company

CONTRACTOR
By:

Print: Bob Brown
Title: special Project Manager
Date: 1;11;2021

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DocuSign Envelope ID: 8415C75E-195E-44D9-AC77-02C99D269891

EXHIBIT A

COUNTY OF SANTA CLARA STANDARD TERMS AND CONDITIONS

DEFINITIONS
a. "County Confidential Information" shall include all material, non-public information (including material, non-public County Data) appearing in any form (including, without limitation, written, oral or displayed), that is disclosed, directly or indirectly, through any means of communication by County, its agents or employees, to Contractor, its agents or employees, or any of its affiliates or representatives. b. "County Data" shall mean data and information received by Contractor from County. County Data includes any information or data that is transported across a County network, or that resides in a County-owned information system, or on a network or system under the control and management of a contractor for use by County. As between Contractor and County, all County Data shall remain the property of County.
c. "Deliverables" means goods, services, software, hardware, information technology, telecommunications technology, enhancements, updates, new versions or releases, documentation, and any other items to be delivered pursuant to this Agreement, including any such items furnished incident to the provision of services.
d. "Documentation" means manuals and other printed materials (including updates and revisions) necessary or useful to the County in its use or maintenance of the Deliverables provided pursuant to this Agreement.
e. When used in this Agreement, "days" shall refer to calendar days unless stated otherwise.

1. NON-EXCLUSIVE AGREEMENT
The Agreement does not establish an exclusive contract between the County and the Contractor.

The County expressly reserves rights to, without limitation, the following: the right to utilize others to provide products, support and services; the right to request proposals from others with or without requesting proposals from the Contractor; and the unrestricted right to bid any such product, support or service.

2. DELIVERABLES
Contractor agrees to provide the County all Deliverables on terms set forth in the Agreement, including all Exhibits that are attached to the Agreement and incorporated, as well as all necessary equipment and resources. However, this Agreement does not provide authority to ship Deliverables. That authority shall be established by contract release purchase orders placed by the County and sent to Contractor throughout the term of the Agreement. Each and every contract release purchase order shall incorporate all terms of this Agreement and this Agreement shall apply to same.

Any additional or different terms or qualifications sent by Contractor, including, without limitation, electronically or in mailings, attached to invoices or with any deliverables shipped, shall not become part of the contract between the parties. County's acceptance of Contractor's offer is expressly made conditional on this statement.

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Western States Oil Company

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DocuSign Envelope ID: 8415C75E-195E-44D9-AC77-02C990269B91 Contractor shall timely provide to the County, all documentation and manuals relevant to the Deliverables to be supplied, at no additional cost. Such documentation shall be delivered either in advance of the delivery of Deliverables or concurrently with the delivery of Deliverables.

Employees and agents of Contractor, shall, while on the premises of the County, comply with all rules and regulations of the premises, including, but not limited to, security requirements. If required, Contractor shall be responsible for installation, training and knowledge transfer activities in relation to the Deliverables being supplied.

All equipment shall be delivered to a County site specified in the contract release purchase order, or if not so specified therein, in the Statement of Work/Specifications.

Contractor holds itself out as an expert in the subject matter of the Agreement. Contractor represents itself as being possessed of greater knowledge and skill in this area than the average person. Accordingly, Contractor is under a duty to exercise a skill greater than that of an ordinary person, and the manner in which performance is rendered will be evaluated in light of the Contractor's superior skill. Contractor shall provide equipment and perform work in a professional manner consistent, at minimum, with industry standards.

Contractor represents that all prices, warranties, benefits and other terms being provided hereunder are fair, reasonable and commensurate with the terms otherwise being offered by Contractor to its current customers ordering comparable Deliverables and services.

County does not guarantee any minimum orders.

3. NECESSARY ACTS AND FURTHER ASSURANCES
The Contractor shall at its own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.

4. COUNTING DAYS
Days are to be counted by excluding the first day and including the last day, unless the last day is a Saturday, a Sunday, or a legal holiday, and then it is to be excluded.

5. PRICING
Unless otherwise stated, prices shall be fixed for the term of the Agreement, including all extensions. If any product listed in this Agreement is discontinued or upgraded prior to delivery, Contractor shall extend the same pricing towards a comparable replacement which is functionally equivalent or an upgraded version.

Exhibit B of the Agreement is the basis for pricing and compensation throughout the term of the Agreement.

Notwithstanding the above, if at any time during the term of the Agreement the Contractor offers special, promotional or reduced pricing when compared with the price paid by the County, County shall benefit from that pricing, and that pricing shall apply to the County at the same time that is offered to other entities. Contractor is required, on an ongoing basis, to inform the County of any such special, promotional or reduced pricing.

6. MODIFICATION
This Agreement or any contract release purchase order may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or Agreement CW2239581 Page 5 of 45
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DocuSign Envelope ID: 8415C75E-195E-44D9-AC77-02C99D269B91 modification of this Agreement contract release purchase order will be binding on County unless it is in writing and signed by the County's authorized representative.

7. TIME OF THE ESSENCE
Time is of the essence in the delivery of goods by Contractor under this Agreement and any contract release purchase order. If Contractor fails to deliver goods and/or services on time, the Contractor shall be liable for any costs incurred by the County because of Contractor's delay. For instance, County may purchase or obtain the goods and/or services elsewhere and the Contractor shall be liable for the difference between the price in the Agreement and the cost to the County; or County may terminate on grounds of material and Contractor shall be liable for County's damages.

The Contractor shall promptly reimburse the County for the full amount of its liability, or, at County's option, the County may offset such liability from any payment due to the Contractor under any contract with the County.

The rights and remedies of County provided herein shall not be exclusive and are in addition to any other rights and remedies provided by law. The acceptance by County of late or partial performance with or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of the rights or requirements for the complete and timely performance of any obligation remaining to be performed by the Contractor, or of any other claim, right or remedy of the County.

8. HAZARDOUS SUBSTANCES
If any product being offered, delivered or supplied to the County is listed in the Hazardous Substances List of the Regulations of the Director of Industrial Relations with the California Occupational Safety and Health Standards Board, or if the product presents a physical or health hazard as defined in the California Code of Regulations, General Industry Safety Order, Section 5194 (TBCCR), Hazard Communication, the Contractor must include a Material Safety Data Sheet (MSDS) with delivery, or shipment. Each MSDS must reference the contracUpurchase order number, and identify the "Ship To Address". All shipments and containers must comply with the labeling requirements of Title 49, Code of Federal Regulations by identifying the hazardous substance, name and address of manufacturer, and appropriate hazard warning regarding potential physical safety and health hazard.

9. SHIPPING AND RISK OF LOSS
Goods shall be packaged, marked and otherwise prepared by Contractor in suitable containers in accordance with sound commercial practices. Contractor shall include an itemized packing list with each shipment and with each individual box or package shipped to the County. The packing list shall contain, without limitation, the applicable contract release purchase order number.

Unless otherwise specified in writing, all shipments by Contractor to County will be F.O.B. point of destination. Freight or handling charges are not billable unless such charges are referenced on the order. Transportation receipts, if required by contract release purchase order, must accompany invoice. Regardless of F.O.B. point, Contractor agrees to bear all risks of loss, injury, or destruction to goods and materials ordered herein which occur prior to delivery at County's destination; and such loss, injury or destruction shall not release Contractor from any obligation hereunder.

Any shipments returned to the Contractor shall be delivered as F.O.B. shipping point.

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Western States Oil Company

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10. INSPECTION AND RELATED RIGHTS
All goods and services are subject to inspection, testing, approval and acceptance by the County.

Inspection shall be made within 60 days or a reasonable time after delivery, whichever period is longer. If the goods, services, or the tender of delivery fail in any respect to conform to the contract, the County may reject the entire tender, accept the entire tender, or, if the deliverables are commercially divisible, may, at its option, accept any commercial unit or units and reject the rest.

Contractor shall be responsible to reclaim and remove any rejected goods or items at its own expense. Should Contractor fail to reclaim or remove any rejected goods or items within a reasonable time, County shall, at its option dispose of such goods or items and require reimbursement from Contractor for any costs or expenses incurred.

In the event that the Contractor's goods are not accepted by County, the Contractor shall be liable for any costs incurred by the County because of such failure by Contractor. For instance, County may purchase or obtain the goods elsewhere and the Contractor shall be liable for the difference between the price in the Agreement and the cost to the County, and any other costs incurred; or County may terminate for cause on grounds of material breach and Contractor shall be liable for County's damages.

11. ADJUSTMENT BY COUNTY
The County reserves the right to waive a variation in specification of goods or services supplied by the Contractor. Contractor may request an equitable adjustment of payments to be made by County if County requires a change in the goods or services to be delivered. Any claim by the Contractor for resulting adjustment of payment must be asserted within 30 days from the date of receipt by the Contractor of the notification of change required by County; provided however, that the County's authorized representative decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment made for goods and services supplied by Contractor. Where the cost of property made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, the County's authorized representative shall have the right to prescribe the manner of disposition of such property.

Nothing in this clause shall excuse performance by Contractor.

12. INVOICING
Contractor shall invoice according to Exhibit B of the Agreement. Invoices shall be sent to the County customer or department referenced in the individual contract release purchase order.

Invoices for goods or services not specifically listed in the Agreement will not be approved for payment.

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Western States Oil Company

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DocuSign Envelope ID: 8415C75E-195E-44D9-AC77-02C99D269B91 Invoices shall include: Contractor's complete name and remit-to address; invoice date, invoice number, and payment term; County contract number; pricing per the Agreement; applicable taxes; and total cost.

Contractor and County shall make reasonable efforts to resolve all invoicing disputes within seven (7) days.

13. PAYMENT
The County's standard payment term shall be Net forty-five (45), unless otherwise agreed to by the parties. Payment shall be due Net forty-five (45) days from the date of receipt and approval of correct and proper invoices.

Payment is deemed to have been made on the date the County mails the warrant or initiates the electronic fund transfer.

14. OTHER PAYMENT PROVISIONS
Notwithstanding anything to the contrary, County shall not make payments prior to receipt of service or goods (i.e. the County will not make "advance payments"). Unless specified in writing in an individual purchase order, the County will not accept partial delivery with respect to any purchase order. Any acceptance of partial delivery shall not waive any of County's rights on an ongoing basis.

Sales tax shall be noted separately on every invoice. Items that are not subject to sales tax shall be clearly identified.

Contractor shall be responsible for payment of all state and federal taxes assessed on the compensation received under this Purchase Order and such payment shall be identified under the Contractor's federal and state identification number(s).

The County does not pay Federal Excise Taxes (F.E.T). The County will furnish an exemption certificate in lieu of paying F.E.T. Federal registration for such transactions is: County #94730482K. Contractor shall not charge County for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or for any other purpose, unless expressly authorized by the County.

15. LATE PAYMENT CHARGES OR FEES
The Contractor acknowledges and agrees that the County will not pay late payment charges.

16. DISALLOWANCE
In the event the Contractor receives payment for goods or services, which payment is later disallowed by the County or state or federal law or regulation, the Contractor shall promptly refund the disallowed amount to the County upon notification. At County's option, the County may offset the amount disallowed from any payment due to the Contractor under any contract with the County.

17. TERMINATION FOR CONVENIENCE
The County may terminate this Agreement or any order at any time for the convenience of the County, specifying the effective date and scope of such termination.

In no event shall the County be liable for costs incurred by the Contractor as a result of the termination or any loss of profits on the resulting order or portion thereof so terminated. In the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and other materials (collectively referred to as "materials") prepared by Contractor Agreement CW2239581
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Western States Oil Company

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DocuSign Envelope ID: 8415C75E-195E-44D9-AC77-02C99D269B91 under this Agreement contract release purchase order shall become the property of the County and shall be promptly delivered to the County. Upon receipt of such materials, County shall pay the Contractor as full compensation for performance, the unit or pro rata price for the thenaccepted portion of goods and/or services. If this Agreement is terminated, neither party may nullify obligations, if any, already incurred prior to the date of termination.

Termination for Convenience may be exercised anytime by and at the sole discretion of the County.

18. TERMINATION FOR CAUSE
County may terminate this Agreement or any order, in whole or in part, for cause upon thirty (30) days written notice to Contractor. For purposes of this Agreement, cause includes, but is not limited to, any of the following: (a) material breach of this Agreement or any contract release purchase order by Contractor, (b) violation by Contractor of any applicable laws or regulations; (c) assignment or delegation by Contractor of the rights or duties under this Agreement without the written consent of County or (d) less than perfect tender of delivery or performance by Contractor that is not in strict conformance with terms, conditions, specifications, covenants, representations, warranties or requirements in this Agreement or any order.

In the event County terminates for cause under this provision, the Contractor shall be liable for any costs incurred by the County because of Contractor's default. The Contractor shall promptly reimburse the County for the full amount of its liability, or, at County's option, the County may offset such liability from any payment due to the Contractor under any contract or order with the County.

If, after notice of termination under the provisions of this clause, it is determined for any reason that the Contractor was not in default under this provision of this clause, the County has the option to make its notice of termination pursuant to the Termination for Convenience clause and the rights and obligations of the parties would be in accordance with that provision.

In lieu of terminating immediately upon contractor's default, County may, at its option, provide written notice specifying the cause for termination and allow Contractor ten (10) days (or other specified time period by the County) to cure. If, within ten (10) days (or other specified time) after the County has given the Contractor such notice, Contractor has not cured to the satisfaction of the County, or if the default cannot be reasonably cured within that time period, County may terminate this Agreement at any time thereafter. County shall determine whether Contractor's actions constitute complete or partial cure. In the event of partial cure, County may, at its option, decide whether to (a) give Contractor additional time to cure while retaining the right to immediately terminate at any point thereafter for cause; or (b) terminate immediately for cause.

If this Agreement is terminated, neither party may nullify obligations, if any, already incurred prior to the date of termination.

Notwithstanding any of the above, if County determines that any action by Contractor contributes to the curtailment of an essential service or pose an immediate threat to life, health, or property, County may terminate this Agreement effective immediately without penalty or opportunity to cure upon issuing either oral or written notice to the Contractor.

19. TERMINATION FOR BANKRUPTCY
If Contractor is adjudged to be bankrupt or should have a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of Contractor's insolvency, the County may terminate this Agreement immediately without penalty. For the purpose of this Section, Agreement CW2239581
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Western States Oil Company

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DocuSign Envelope ID: 8415C75E-195E-44D9-AC77-02C99D269B91 bankruptcy shall mean the filing of a voluntary or involuntary petition of bankruptcy or similar relief from creditors; insolvency; the appointment of a trustee or receiver, or any similar occurrence reasonably indicating an imminent inability to perform substantially all the party's duties under this Agreement. If this Agreement is terminated, neither party may nullify obligations, if any, already incurred prior to the date of termination.

20. BUDGETARY CONTINGENCY
Performance and/or payment by the County pursuant to this Agreement is contingent upon the appropriation by the County of sufficient funds for Deliverables covered by this Agreement. If funding is reduced or deleted by the County for services covered by this Agreement, the County may, at its option and without penalty or liability, terminate this Agreement or offer an amendment to this Agreement indicating the reduced amount.

21. DISENTANGLEMENT
Contractor shall cooperate with County and County's other contractors to ensure a smooth transition at the time of termination of this Agreement, regardless of the nature or timing of the termination. Contractor shall cooperate with County's efforts to ensure that there is no interruption of work required under the Agreement and no adverse impact on the supply of goods, provision of County services or the County activities. Contractor shall return to County all County assets or information in Contractor's possession.

For any software programs developed for use under the County's Agreement, Contractor shall provide a nonexclusive, nontransferable, fully-paid, perpetual, irrevocable, royalty-free worldwide license to the County, at no charge to County, to use, copy, and modify, all work or derivatives that would be needed in order to allow County to continue to perform for itself, or obtain from other providers, the services as the same might exist at the time of termination.

County shall be entitled to purchase at net book value those Contractor assets used for the provision of services to or for County, other than those assets expressly identified by the parties as not being subject to this provision. Contractor shall promptly remove from County's premises, or the site of the work being performed by Contractor for County, any Contractor assets that County, or its designee, chooses not to purchase under this provision.

Contractor shall deliver to County or its designee, at County's request, all documentation and data related to County, including, but not limited to, the County Data and client files, held by Contractor, within sixty (60) days of the request, and after return of same, Contractor shall destroy all copies thereof not turned over to County, all at no charge to County.

22. DISPUTES
Except as otherwise provided in this Agreement, any dispute arising under this contract that is not disposed of by agreement shall be decided by the County's authorized representative or designee, who shall furnish the decision to the Contractor in writing. The decision of the County's authorized representative or designee shall be final and conclusive. The Contractor shall proceed diligently with the performance of the contract pending the County's authorized representative or designee's decision. The County's authorized representative or designee shall not be required to decide issues that are legal or beyond his or her scope of expertise.

23. ACCOUNTABILITY
Contractor will be the primary point of contact for the performance of any subcontractors and assume the responsibility of all matters relating to the purchase of goods and/or services under Agreement CW2239581
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Western States Oil Company

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DocuSign Envelope ID: 8415C75E-195E-44D9-AC77-02C99D269B91 this Agreement, including payment issues. If such or similar issues arise, the Contractor must take immediate action to correct or resolve the issues.

24. NO ASSIGNMENT, DELEGATION OR SUBCONTRACTING WITHOUT PRIOR

WRITTEN CONSENT
Contractor may not assign any of its rights, delegate any of its duties or subcontract any portion of its work or business under this Agreement or any contract release purchase order without the prior written consent of County. No assignment, delegation or subcontracting will release Contractor from any of its obligations or alter any of its obligations to be performed under the Agreement. Any attempted assignment, delegation or subcontracting in violation of this provision is voidable at the option of the County and constitutes material breach by Contractor. As used in this provision, "assignment" and "delegation" means any sale, gift, pledge, hypothecation, encumbrance, or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

25. MERGER AND ACQUISITION
The terms of this Agreement will survive an acquisition, merger, divestiture or other transfer of rights involving Contractor. In the event of an acquisition, merger, divestiture or other transfer of rights Contractor must ensure that the acquiring entity or the new entity is legally required to:
(I) Honor all the terms negotiated in this Agreement and any pre-acquisition or pre-merger Agreement between Contractor and the County, including but not limited to a) established pricing and fees; b) guaranteed product support until the contract term even if a new product is released; and c) no price escalation during the term of the contract. (2) If applicable, provide the functionality of the software in a future, separate or renamed product, if the acquiring entity or the new entity reduces or replaces the functionality, or otherwise provide a substantially similar functionality of the current licensed product. The County will not be required to pay any additional license or maintenance fee to an acquiring entity in order to continue with full use, benefit, and functionality of software licensed under this Agreement until expiration or termination.
(3) Give 30-days written notice to the County following the closing of an acquisition, merger, divestiture or other transfer of right involving Contractor.

26. COMPLIANCE WITH ALL LAWS & REGULATIONS APPLICABLE TO GOODS AND/OR

SERVICES PROVIDED
Contractor shall comply with all laws, codes, regulations, rules and orders (collectively, "Regulations") applicable to the goods and/or services to be provided hereunder. Contractor's violation of this provision shall be deemed a material default by Contractor, giving County a right to terminate the contract. Examples of such Regulations include but are not limited to California Occupational Safety and Health Act of 1973, Labor Code §6300 et seq. the Fair Packaging and Labeling Act, and the standards and regulations issued there under. Contractor agrees to indemnify and hold harmless the County for any loss, damage, fine, penalty, or any expense whatsoever as a result of Contractor's failure to comply with any Regulation applicable to the goods and/or services to be provided hereunder.

27. FORCE MAJEURE
Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events, occurrences, or causes Agreement CW2239581 Page 11 of 45
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DocuSign Envelope ID: 8415C75E-195E-44D9-AC77-02C990269891 will include acts of God/nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, interruption or failure of electricity or telecommunication service ("Force Majeure Event").

Each party, as applicable, shall give the other party notice of its inability to perform and reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply.

The party asserting a Force Majeure Event as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.

The County shall reserve the right to terminate this Agreement and/or any applicable order or contract release purchase order effective immediately, upon written notice, in the event of nonperformance by Contractor because of a Force Majeure Event. The County shall reserve the right to extend the agreement and time for performance at its discretion.

28. INDEPENDENT CONTRACTOR
Contractor shall supply all goods and/or perform all services pursuant to this Agreement as an independent contractor and not as an officer, agent, or employee of County. Contractor shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the County and Contractor. No person performing any services and/or supplying all goods shall be considered an officer, agent, or employee of County, nor shall any such person be entitled to any benefits available or granted solely to employees of the County.

Contractor is responsible for payment to sub-contractors and must monitor, evaluate, and account for the sub-contractor(s) services and operations.

29. INSURANCE
Contractor shall maintain insurance coverage pursuant to the exhibit setting forth insurance requirements, if such exhibit is attached to the Agreement.

30. DAMAGE AND REPAIR BY CONTRACTOR
Any and all damages to County owned or leased property caused by Contractor's negligence or operations shall be repaired, replaced or reimbursed by Contractor at no charge to the County.

Repairs and replacements shall be completed within seventy-two (72) hours of the incident unless the County requests or agrees to an extension or another time frame. The cleanup of all damage related to accidental or intentional release of any/all non-hazardous or hazardous material (e.g. hydraulic fluid, fuel, grease, etc.) from Contractor's vehicles or during performance shall be the responsibility of the Contractor. All materials must be cleaned up in a manner and time acceptable to County (completely and immediately to prevent potential as well as actual environmental damage). Contractor must immediately report each incident to the County's Director of Procurement or designee. Damage observed by Contractor, whether or not resulting from Contractor's operations or negligence shall be promptly reported by Contractor to County. County may, at its option, approve and/or dictate the actions that are in County's best interests.

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31. LIENS, CLAIMS, ENCUMBRANCES AND TITLE
The Contractor represents and warrants that all the goods and materials ordered and delivered are free and clear of all liens, claims or encumbrances of any kind. Title to the material and supplies purchased shall pass directly from Contractor to County at the F.O.B. point, subject to the right of County to reject upon inspection.

32. ASSIGNMENT OF CLAYTON ACT, CARTWRIGHT ACT CLAIMS
Contractor hereby assigns to the County all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Contractor for sale to the County pursuant to this Agreement.

33. INDEMNITY
Contractor shall indemnify, defend, and hold harmless the County, its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which Contractor contests its obligation to indemnify, defend and/or hold harmless the County under this Agreement and does not prevail in that contest.

34. INTELLECTUAL PROPERTY INDEMNITY
Contractor represents and warrants for the benefit of the County and its users that it is the exclusive owner of all rights, title and interest in the product or services to be supplied.

Contractor shall, at its own expense, indemnify, defend, settle, and hold harmless the County and its employees, agents and assigns against any claim or potential claim that any good, (including software) and/or service, or County's use of any good (including software) and/or service, provided under this Agreement infringes any patent, trademark, copyright or other proprietary rights, including trade secret rights. Contractor shall pay all costs, damages and attorneys' fees that a court or other adjudicatory body awards as a result of any such claim.

35. WARRANTY
Any goods and/or services furnished under this Agreement shall be covered by the most favorable commercial warranties that Contractor gives to any of its customers for the same or substantially similar goods and/or services. Any warranties so provided shall supplement, and shall not limit or reduce, any rights afforded to County by any clause in this Agreement, any applicable Uniform Commercial Code warranties, including, without limitation, Implied Warranty of Merchantability and Implied Warranty of Fitness for a Particular Purpose as well as any other express warranty.

Contractor expressly warrants that all goods supplied shall be new, suitable for the use intended, of the grade and quality specified, free from all defects in design, material and workmanship, in conformance with all samples, drawings, descriptions and specifications furnished by the County, in compliance with all applicable federal, state and local laws and regulations and free of liens, claims and encumbrances. Contractor warrants that all services shall strictly conform to the County's requirements.

Contractor shall immediately replace or repair any good not conforming to any warranty, or provide services to conform to County's requirements. If after notice, Contractor fails to repair or Agreement CW2239581 Page 13 of 45
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DocuSign Envelope ID: 8415C75E-195E-44D9-AC77-02C99D269B91 replace goods, or to provide services to conform to County's requirements, Contractor shall promptly refund to County the full purchase price paid by the County. This remedy is nonexclusive of other remedies and rights that may be exercised by the County. Claims for damages may include direct damages, such as cost to repair, as well as incidental and consequential damages.

During the provision of goods and services, Contractor may not disclaim any warranty, express or implied, and any such disclaimer shall be void. Additionally, the warranties above shall not be deemed to exclude Contractor's standard warranties or other rights and warranties that the County may have or obtain.

36. COOPERATION WITH REVIEW
Contractor shall cooperate with County's periodic review of Contractor's performance.

Contractor shall make itself available onsite to review the progress of the project and Agreement, as requested by the County, upon reasonable advanced notice.

Contractor agrees to extend to the County or his/her designees and/or designated auditor of the County, the right to monitor or otherwise evaluate all work performed and all records, including service records and procedures to assure that the project is achieving its purpose, that all applicable County, State, and Federal regulations are met, and that adequate internal fiscal controls are maintained.

37. AUDIT RIGHTS
Pursuant to California Government Code Section 8546. 7, the parties acknowledge and agree that every contract involving the expenditure of public funds in excess of $10,000 may be subject to audit by the State Auditor.

All payments made under this Agreement shall be subject to an audit at County's option, and shall be adjusted in accordance with said audit. Adjustments that are found necessary as a result of auditing may be made from current billings.

The Contractor shall be responsible for receiving, replying to, and complying with any payment adjustments set forth in any County audits. The Contractor shall pay to County the full amount determined to be due as a result of a County audit. This provision is in addition to other inspection and access rights specified in this Agreement.

38. ACCESS AND RETENTION OF RECORDS AND PROVISION OF REPORTS Contractor shall maintain financial records adequate to show that County funds paid were used for purposes consistent with the terms of the contract between Contractor and County. Records shall be maintained during the term of the Agreement and for a period of four (4) years from its termination, or until all claims have been resolved, whichever period is longer, unless a longer period is required under any contract or applicable law.

All books, records, reports, and accounts maintained pursuant to the Agreement, or related to the Contractor's activities under the Agreement, shall be open to inspection, examination, and audit by County, federal and state regulatory agencies, and to parties whose Agreements with the County require such access. County shall have the right to obtain copies of any and all of the books and records maintained pursuant to the Agreement, upon the payment of reasonable charges for the copying of such records.

Agreement CW2239581
Between County of Santa Clara and
Western States Oil Company

Page 14 of 45 ends

El Cerrito City CouncilSeptember 19, 2023

El Cerrito City Council
September 19, 2023