Agenda packet — El Cerrito City Council, February 6, 2024

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

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TUESDAY, FEBRUARY 6, 2024
REGULAR CITY COUNCIL MEETING (6:00 PM)
City Council Chambers - 10890 San Pablo Ave, El Cerrito Join Via Zoom:
https://us06web.zoom.us/j/81296494582?pwd=OAhaWuEP3WevXhLq8zR8l944RBxloF.1 Meeting ID: 812 9649 4582 Password: 049935 Dial in: 1-408-638-0968 View:

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

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
Agenda Packet Page 1 of 153
Mayor Councilmembers
Tessa Rudnick Paul Fadelli
Mayor Pro Tem Lisa Motoyama
Carolyn Wysinger AGENDA Gabriel Quinto

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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.

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
A. Proclamation Honoring Captain Thomas Wade Firefighter of the Year
Action Proposed: Approve a proclamation honoring Captain Thomas Wade as Firefighter of the Year in the City of El Cerrito.

Contact: Eric Saylors, Fire Chief, Fire Department

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 City Council Meeting minutes from October 28, 2023, November 7, 2023, January 13, 2024 and January 16, 2024.

Contact: Holly M. Charléty, City Clerk, City Management B. Black History Month Proclamation
Action Proposed: Pass a motion to approve a proclamation declaring February as Black History Month in the City of El Cerrito.

Contact: Shannon Bassi, Senior Human Resources Analyst, City Management
Agenda Packet Page 2 of 153
Mayor Councilmembers
Tessa Rudnick Paul Fadelli
Mayor Pro Tem Lisa Motoyama
Carolyn Wysinger AGENDA Gabriel Quinto

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C. Lunar New Year Proclamation
Action Proposed: Pass a motion to approve a proclamation recognizing the cultural and historical significance of Lunar New Year in the City of El Cerrito.

Contact: Shannon Bassi, Senior Human Resources Analyst, City Management
D. FY 2023-24 Second Quarter Cash and Investment Report Action Proposed: Receive and file the City's first quarter cash and investment report for the period October 1, 2023 through December 31, 2023.

Contact: Crystal Reams, Finance Director/City Treasurer, Finance Department
E. Monthly Disbursement and Check Register Report for December 2023
Action Proposed: Receive and file the Monthly Disbursement and Check Register Report for the month of December 2023.

Contact: Crystal Reams, Finance Director/City Treasurer, Finance Department
F. Analysis of Potential Outsourcing of the City’s Municipal Curbside Recycling Operations Report
Action Proposed: Receive and file report from R3 Consulting Group, Inc. “Analysis of Potential Outsourcing of the City’s Municipal Curbside Recycling Operations”.

Contact: Susan Kattchee, Interim Operations and Environmental Services Division Manager; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department

8. PUBLIC HEARINGS

9. POLICY MATTERS
A. Adoption of a Resolution Approving a Side Letter of Agreement Between the City of El Cerrito and the Service Employees International Union (SEIU) Local 1021
Agenda Packet Page 3 of 153
Mayor Councilmembers
Tessa Rudnick Paul Fadelli
Mayor Pro Tem Lisa Motoyama
Carolyn Wysinger AGENDA Gabriel Quinto

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Action Proposed: Adopt a resolution approving a side letter to the Memorandum of Understanding between the City of El Cerrito and the Service Employees International Union (SEIU) Local 1021 to modify language on salaries and provide a four (4) month extension to April 30, 2024.

Contact: Shannon Bassi, Senior Human Resource Analyst, City Management
B. Agreement with Rubicon Landscape Corporation for Landscape Maintenance Services
Action Proposed: Adopt a resolution authorizing the City Manager to execute an agreement with Rubicon Landscape Corporation in an amount not to exceed $128,554 and $316,660 in Fiscal Years (FY) 2023- 24 and 2024-25 respectively, to provide Landscape Maintenance Services effective March 1, 2024, for a period of three years with an option to annually extend three years thereafter; and amending the FY 2023-24 Adopted Budget to appropriate $86,078 from the General Fund Unrestricted Balance for services in FY 2023-24.

Contact: Stephen Prée, Environmental Programs Manager/City Arborist; Karineh Samkian, Senior Program Manager; Susan Kattchee, Interim Operations and Environmental Services Division Manager; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department C. Budget Amendment for Park and Facility Deferred Maintenance and Repair Projects
Action Proposed: Adopt a resolution amending the Fiscal Year (FY) 2023-24 Adopted Budget and Capital Improvement Program to appropriate $1,084,800 from the General Fund Unrestricted Fund Balance for various park and facility deferred maintenance and repair projects.

Contact:

Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department

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.

Agenda Packet Page 4 of 153
Mayor Councilmembers
Tessa Rudnick Paul Fadelli
Mayor Pro Tem Lisa Motoyama
Carolyn Wysinger AGENDA Gabriel Quinto

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11. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Government Code Section 54956.9
One potential case: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2).

One potential case: Initiation of litigation pursuant to Government Code) Section 54956.9(d)(4).

Contact: Sky Woodruff, City Attorney, City Management
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of case: East Bay Regional Park District v. City of El Cerrito et al., Contra Costa Superior Court Case No. MSC19-00434
Contact: Sky Woodruff, City Attorney, City Management

12. ADJOURN REGULAR CITY COUNCIL MEETING
The next regularly scheduled City Council meeting is Tuesday, February 20, 2024 at 6:00 p.m.

The City of El Cerrito serves our diverse community by providing exceptional services that create a safe and resilient future for all.

Agenda Packet Page 5 of 153
Agenda Item No. 6.A.

EL CERRITO CITY COUNCIL PROCLAMATION
Commending and Congratulating Captain/Paramedic Thomas Wade for his Selection as El Cerrito Fire Department Firefighter of the Year 2023 WHEREAS, Captain Thomas Wade began his career in El Cerrito as a Firefighter/Paramedic on March 29, 2006, and has adapted to the many diverse roles in the success of the El Cerrito-Kensington Fire Department; and WHEREAS, Captain Thomas Wade has continued to advance his career by fulfilling positions that demanded great responsibility demonstrated by his promotion to Engineer on January 5, 2014, followed by his promotion to Captain on December 4, 2022; and
WHEREAS, Captain Thomas Wade has spent countless hours mentoring the department’s new hires and assisting his peers; and
WHEREAS, Captain Thomas Wade has taken on the task of advocating for and managing the department’s Helicopter Rescue Technician (HRT) program, ensuring ongoing training with the California Highway Patrol and supporting his fellow department HRT participant; and
WHEREAS, Captain Thomas Wade has been leading the effort to modernize engine company standards and ensuring all firefighting personnel are trained on the operation and deployment of new equipment; and
WHEREAS, Captain Thomas Wade is collaborating with neighboring fire agencies to develop new training to improve operational readiness for all personnel; and WHEREAS, Captain Thomas Wade is continually improving firefighter safety through training and is a valued asset to the department’s organization; and WHEREAS, Captain Thomas Wade displays a positive attitude, humility and likability with his co-workers and was chosen by his colleagues to receive the Firefighter of the Year 2023 for his exemplary leadership and dedication to the department.

NOW THEREFORE, the City Council of the City of El Cerrito does hereby commend and congratulate Captain/Paramedic Thomas Wade on the occasion of his recognition as Firefighter of the Year. The City Council extends sincere appreciation to Captain/Paramedic Thomas Wade for his devotion to the community and residents of El Cerrito.

Dated: February 6, 2024

_____________________
Tessa Rudnick, Mayor
Agenda Packet Page 6 of 153

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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
SATURDAY, OCTOBER 28, 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. By Email to [email protected] identified in the subject line as Public Comments – Agenda Item #.

Written comments received by 2:00 p.m. Thursday, October 26, 2023 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.
9:00 AM ROLL CALL - CONVENE SPECIAL CITY COUNCIL MEETING Mayor Motoyama called the meeting to order at 9:03 AM.

Present: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger (arrived at 9:12 AM) 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
SPECIAL CITY COUNCIL MEETING (9:00 AM)
City Council Chambers - 10890 San Pablo Ave, El Cerrito Join Via Zoom:
https://us06web.zoom.us/j/89583711110?pwd=V0JDNkluRjRNaVBteUVxbWJWWmMydz09 Meeting ID: 895 8371 1110 Password: 504616 Dial in: 1-408-638-0968 Agenda Packet Page 7 of 153

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

MOMENT OF SILENCE

3. TELECONFERENCE AND PUBLIC COMMENT INSTRUCTIONS

4. 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.

Sue Duncan - spoke regarding the need for fire prevention funding.

5. STRATEGIC PLAN WORKSHOP
Action Proposed: The City Council will receive and review information obtained through stakeholder engagement efforts and an environment scan and then discuss elements of the City’s strategic plan for 2023 - 2028. The workshop will provide time for Councilmembers, guided by Baker Tilly, to review the City’s vision, mission, values, goals and strategies. A draft strategic plan document will be prepared based on Council input and agendized for future consideration and adoption.

Contact: Karen Pinkos, City Manager, City Management
Presentation and Discussion: Baker Tilly facilitated a workshop with City Council to review strategic plan input; build consensus for mission vision, values and goals; and develop goals and strategies for the next 5 years.

Council Recessed from 9:55 AM to 10:12 AM
Public Comments:

John Stashik - spoke in support of the discussion regarding the proposed mission statement.

Jack - commented on how the mission, vision and values will be used.

Kathy Cesa - spoke regarding incorporating underrepresented residents.

Mark Watson - requested overview of how the focus of workgroups.

Buddy Akacic - spoke regarding the importance of terminology, importance of a senior center and community involvement.

Ann Ogonowski - commented on the importance of addressing climate change in the plan.

Max - requested information regarding diversity of the city organization and residents.

Council recessed from 11:10 AM to 11:20 AM
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Max, Al Miller, John Stashik, and Kathy Cesa - shared perspective and feedback on proposed goals and strategies language.

Action: General feedback and direction provided, no formal action taken.

6. ADJOURN SPECIAL CITY COUNCIL MEETING
The special meeting adjourned at 12:38 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 October 28, 2023 as approved by the El Cerrito City Council.

Holly M. Charléty, MMC, City Clerk
Agenda Packet Page 9 of 153

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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, NOVEMBER 7, 2023
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.

Public Comments:

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

2. 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. 5:00 PM ROLL CALL - CONVENE SPECIAL CITY COUNCIL MEETING Mayor Motoyama called the meeting to order at 5:00 PM. Present: Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger (Arrived at 5:27 PM) Absent: Mayor Motoyama (due to potential conflict of interest)
SPECIAL CITY COUNCIL MEETING (5:00 PM)
Hillside Conference Room - 10890 San Pablo Ave, El Cerrito SPECIAL CITY COUNCIL MEETING (7:00 PM)
Council Chambers - 10890 San Pablo Ave, El Cerrito
Join Via Zoom (Closed Captions Available):
https://us06web.zoom.us/j/89372450893?pwd=aDE1RU05YVdMdVNKcUJNYmc3WFZvZz09 Meeting ID: 893 7245 0893 Password: 407543 Dial in: 1-408-638-0968 View:

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

2. Livestream Online at www.el-cerrito.org/CouncilMeetingMaterials Agenda Packet Page 10 of 153

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

3. CLOSED SESSION CONFERENCE WITH NEGOTIATORS
Government Code Section 54856.8
Property: A portion of City property adjacent to the east side of the El Cerrito Plaza BART Station between Central Avenue and Fairmount Avenue Agency negotiators: Melanie Mintz, Community Development Director, Community Development Department; Sky Woodruff, City Attorney, City Management Negotiating parties: BART and The Related Companies of California, LLC Under negotiation: Price and terms
Contact: Sky Woodruff, City Attorney, City Management
City Council convened to closed session at 5:01 PM. No reportable action.

4. ADJOURN SPECIAL CITY COUNCIL MEETING
The special meeting adjourned at 6:03 PM
7:00 PM ROLL CALL – CONVENE SPECIAL CITY COUNCIL MEETING Mayor Motoyama called the meeting to order at 7:24 PM.

Present: Mayor Motoyama, Mayor Pro Tem Rudnick (left at 8:07 PM), Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Absent: None

1. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A

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

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

MOMENT OF SILENCE

3. 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 - updated the public on rescheduling of the library presentation at the next city council meeting.

Fire Chief Saylors and Police Chief Keith - provided a brief report on the grass fire that occurred last week, damage, response, and announced upcoming city evacuation drill.

Councilmember Fadelli - reported on attendance at the Senior Resource Fair, and upcoming holiday lighting event.

Agenda Packet Page 11 of 153

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Mayor Motoyama - announced Lion Club's Veterans Day event at Sunset View Cemetery and St Peter's 70th anniversary celebration on 11/19/23.

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.

Public Comments: Written comments submitted prior to and during the meeting are posted online as supplemental materials and incorporated into the official meeting record.

Betsy Bashor - spoke regarding concerns with a library funding process, including timing of discussion and voting on a proposed measure, survey and financial information, and parking concerns.

Sherry Drobner - commented on potential tax measure for a library, and concern regarding unanswered questions.

6. PRESENTATIONS

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 Quinto/Mayor Pro Tem Rudnick Action: Approved item A and D on the consent calendar as indicated below.

Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None A. Approval of Minutes
Action Proposed: Pass a motion to approve the minutes from the meetings of June 20, September 19, October 3 and 17, 2023.

Contact: Holly M. Charléty, City Clerk, City Management Action: Approved minutes with the following modifications: 1) 9/19/23 minutes item #10 modified to read "event on allyship in the face of antisemitism" following JCRC on Mayor Motoyama's Comments; and 2) 10/17/23 minutes item #10 modified to read "and attended the Albany Film Fest Gala" at the end of Mayor Motoyama's Comments.

B. United Against Hate Week
Action Proposed: Pass a motion to approve a proclamation declaring November 12 - 18, 2023 as United Against Hate Week in the City of El Cerrito.

Contact: Shannon Bassi, Senior Human Resources Analyst, Human Resources, Human Resources
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Pulled from consent by Mayor Pro Tem Rudnick.

Moved/Seconded: Councilmember Fadelli/Councilmember Quinto Action:

Approved Proclamation with an additional clause to read "WHEREAS, the City has experienced racist comments through its public comment process and remains deeply committed to inclusivity.” Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None C. Transgender Day of Remembrance Proclamation
Action Proposed: Approve a proclamation recognizing November 20, 2023 as a Transgender Day of Remembrance in El Cerrito.

Contact: Holly M. Charléty, City Clerk, City Management Pulled from Consent by Councilmember Wysinger
Moved/Seconded: Councilmember Wysinger/Mayor Pro Tem Rudnick Action: Approved Proclamation. Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None
D. Cooperative Funding Agreement between the City of El Cerrito and West Contra Costa Transportation Advisory Committee (WCCTAC) for the Ohlone Greenway Uptown District Improvements Project Action Proposed: Adopt a resolution approving and authorizing the City Manager to execute a Subregional Transportation Mitigation Program (STMP) Cooperative Funding Agreement (Agreement) between the West Contra Costa Transportation Advisory Committee (WCCTAC) and City of El Cerrito (City) for the Ohlone Greenway Uptown District Improvements Project.

Contact: Jarrett Mullen, Sustainable Transportation Program Manager, Community Development Department; Marielle Cuison, Associate Engineer, Public Works Department; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Action: Approved Resolution 2023-82

8. PUBLIC HEARINGS

9. POLICY MATTERS
Mayor Pro Tem Rudnick left the meeting at 8:07 PM.

A. Consulting Services Agreement with PlaceWorks to update the City of El Cerrito Safety Element
Action Proposed: Adopt a resolution authorizing the City Manager to execute a consulting services agreement with PlaceWorks to develop an update of the El Cerrito Safety Element for $167,517 plus a 10% contingency in an amount not to exceed $184,269 and amending the Fiscal Year 2023-24 budget to appropriate $184,269 from the General Fund Unrestricted Fund Balance to cover the costs for this work.

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Contact: Sean Moss, Planning Manager, Community Development Department; Melanie Mintz, Director, Community Development Department
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding inclusion of local hazard mitigation plan, overlap with Climate Action and Adaptation Plan, inclusion of a dynamic traffic analysis, updated hazard maps, and staff time needed with contracted services.

Moved/Seconded: Councilmember Quinto/Councilmember Wysinger Action: Approved Resolution 2023-83. Ayes: Mayor Motoyama, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Absent: Mayor Pro Tem Rudnick 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.

Councilmember Wysinger - reported on attendance at West Contra Costa Community School System Change Collaborative.

Councilmember Quinto - reported on attendance at Marine Clean Energy (MCE) meeting, Executive Committee for the Board of Cal Cities, and upcoming trip to Atlanta for the National League of Cities.

Mayor Motoyama - reported on attendance at City Diversity, Equity and Inclusion training, City tour for Assembly Member Buffy Wicks, a ribbon cutting for Plank + Power, the National Association for Advancement of Colored People (NAACP) Freedom Luncheon, Tom Bates Field JPA meeting, West Contra Costa Mayors and Supervisors meeting, El Cerrito Chamber event for Best of El Cerrito, Mayfair and Tiny Footprints Childcare Halloween events, ribbon cutting for Dolly's Tavern, and Junction Avenue street party.

11. ADJOURN REGULAR CITY COUNCIL MEETING
The next regularly scheduled City Council meeting is Tuesday, November 21, 2023 at 6:00 p.m.

The regular meeting adjourned at 8:44 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 November 7, 2023 as approved by the El Cerrito City Council.

Holly M. Charléty, MMC, City Clerk
Agenda Packet Page 14 of 153
Mayor Councilmembers
Tessa Rudnick Paul Fadelli
Mayor Pro Tem Lisa Motoyama
Carolyn Wysinger Gabriel Quinto

EL CERRITO CITY COUNCIL DRAFT MINUTES
SATURDAY, JANUARY 13, 2024
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.

Public Comments:

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

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

Written comments received by 2:00 p.m. Friday, January 12, 2024 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. 9:00 AM ROLL CALL - CONVENE SPECIAL CITY COUNCIL MEETING Mayor Rudnick called the meeting to order at 9:05 AM.

Present: Mayor Rudnick, Mayor Pro Tem Wysinger (arrived at 9:10 AM), Councilmember Fadelli, Councilmember Motoyama, Councilmember Quinto Absent: None

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

Public Comments: Written comments submitted prior to and during the meeting are posted online as supplemental materials and incorporated into the official meeting record.

Charles Taylor - Plaza Station Library group request regarding development of new library (including adequate funding for the design work for an accurate cost estimate and public outreach) before placing the library on the ballot

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SPECIAL CITY COUNCIL MEETING (9:00 AM)
El Cerrito Community Center, Garden Room 7007 Moeser Lane El Cerrito, CA 94530 This meeting will be held in-person only with no livestream or broadcast.

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measure.) Funding for the library now and into the future, budget funding to continue supporting extra hours and staff to pay for hours non-dependent on the general fund.

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. CITY COUNCIL WORKSHOP RETREAT
Action Proposed: Conduct a facilitated City Council retreat focused on the Fiscal Year (FY) 2024-25 and FY 2025-26 Budget Kickoff and 2024 Priority Setting.

Contact: Karen Pinkos, City Manager, City Management; Nancy Hetrick, Facilitator, Raftelis
Presentation and Discussion: A general budget overview was provided; presenters and staff responded to comments and questions raised by members of the council regarding annual upfront UAL payment savings, status of class and comp study, property tax projections, and approach for Measure R renewal.

The Council recessed from 9:46 AM to 9:59 AM.
2024-2029 Strategic Plan Goals, strategies and current initiatives were reviewed; discussion included awards regarding the financial content of the budget, reserve plan for the Capital Improvement Program, dedicated staffing for the Emergency Operations Plan, public safety dispatch, response to illegal dumping, use and adjustment to the San Pablo Ave Specific Plan, status of entitled projects, and City's emissions reductions.

The Council recessed from 11:05 AM to 11:12 AM.

Council discussed what excites them, what success looks like this time next year, and what changes are needed; including staying agile yet focused in the face of change, broader public events and community gatherings, sister city programs, and additional bike racks. What Council needs from staff to maintain focus including continuity in response to public requests, continuous and increased communication, decision-making by collaboration with the city manager, Council communicating public concerns to city staff and community hearing a response, and continuous public updates of status and progress of strategic plan goals.

Action: General directions were provided to staff, no formal action was taken.

4. ADJOURN SPECIAL CITY COUNCIL MEETING
The special meeting adjourned at 11:49 AM
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Tessa Rudnick, Mayor
This is to certify that the foregoing is a true and correct copy of the minutes of the City Council meeting of January 13, 2024 as approved by the El Cerrito City Council.

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

EL CERRITO CITY COUNCIL DRAFT MINUTES
TUESDAY, JANUARY 16, 2024
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. By Email to [email protected] identified in the subject line as Public Comments – Agenda Item #.

Present: Mayor Rudnick, Mayor Pro Tem Wysinger (arrived at 5:55 PM), Councilmember Fadelli, Councilmember Motoyama, Councilmember Quinto Absent: None

1. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A

COUNCILMEMBER TO PARTICIPATE IN THE MEETING REMOTELY DUE TO SPECIAL CITY COUNCIL MEETING (5:30 PM)
Hillside Conference Room - 10890 San Pablo Ave, El Cerrito

CONCURRENT REDEVELOPMENT AGENCY SUCCESSOR AGENCY SPECIAL MEETING AND REGULAR CITY COUNCIL MEETING (6:00 PM)
Council Chambers - 10890 San Pablo Ave, El Cerrito
Closed Caption Services (Via Zoom):
https://us06web.zoom.us/j/81148488235?pwd=tmPaOaY0ZLtqo7ZcbrVeTh0rbyIxBV.1 Meeting ID: 811 4848 8235 Password: 736877 Dial in: 1-408-638-0968 Agenda Packet Page 18 of 153

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EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449

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

Employee Organizations: Service Employees International Union (SEIU) Local 1021.

Contact: Sky Woodruff, City Attorney, City Management
City Council convened to closed session at 5:34 PM. No reportable action.

4. ADJOURN SPECIAL CITY COUNCIL MEETING
The special meeting adjourned at 5:58 PM.
6:00 PM ROLL CALL – CONVENE CONNCURRENT REDEVELOPMENT

AGENCY SUCCESSOR AGENCY SPECIAL MEETING AND REGULAR

CITY COUNCIL MEETING
Mayor Rudnick called the meeting to order at 6:07 PM.

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

1. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A

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

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

MOMENT OF SILENCE

3. 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 - provided an update on the recent Martin Luther King Jr. (MLK) Day parade and event, and Budget kickoff and priority setting Council workshop; and announced budget survey available on the city's website.

Mayor Pro Tem Wysinger - reported on work for school system virtual workgroup, and MLK Day event.

Councilmember Motoyama - reported on attendance at MLK Day event and recent Council Budget workshop.

Councilmember Fadelli - reported on attendance at MLK Day event.

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Mayor Rudnick - shared remarks about the recent protest and denounced actions of hate.

6. PRESENTATIONS
A. Wildcat El Cerrito Pipeline Project Presentation
Action Proposed: Receive and file a presentation from East Bay Municipal Utilities District (EBMUD) on the Wildcat Pipeline Project – El Cerrito
Contact: Gus Cicala, Senior Civil Engineer, EMBUD
(Item Heard Out of Order) Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding existing pipeline redundancies, leak repairs, timing of high school portion of repairs, outreach to parents and faculty at schools, timing with Del Norte Complete streets project coordination, and resident notification process and timing.

Action: Received and filed

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.

Public Comments: Written comments submitted prior to and during the meeting are posted online as supplemental materials and incorporated into the official meeting record.

Sue Duncan - encouraged the city to join the regional Vegetation Management MOU and requested status of the restricted parking on red flag warning days.

John Gioia - spoke regarding the Middle East conflict and bringing the community together to have both communities.

Eric Simpson - spoke regarding antisemitism and attacks in the bay area.

Michael Nye - commented on the middle east conflict and against war and need to bring communities together.

Buddy Akacic - commented regarding the MLK events, and in support of Supervisor Gioia's comments.

Dalia Frydman, Dorthea Dorenz, Dean Kertesz, Kathleen Hunt, Margaret Trowe, Andrea Morell, Sam Salkin, Emily Somberg, Licinda Casson, Eyal Shahar - spoke against a Council resolution related to the Israel/Hamas War.

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Somaia Nassef, Walla Oriqat, Zeid Arnaout, Seth Morrison, Leslie Adams, Toby Blome, Sherry Drobner, Michelle Nyazi, Elizabeth Magana, Hammid, Sepideh, Padla Sensi-Isolani, Anne Ogonowski, Miguel Gravelle - spoke in support of a Council ceasefire resolution.

The City Council recessed from 7:46 PM to 8:01 PM

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 Quinto/Councilmember Motoyama Action: Approved the consent calendar as indicated below. Ayes: Mayor Rudnick, Mayor Pro Tem Wysinger, Councilmember Fadelli, Councilmember Motoyama, Councilmember Quinto Noes: None
A. Approval of Minutes
Action Proposed: Pass a motion to approve the City Council Meeting minutes from November 21, December 5, and December 19, 2023.

Contact: Holly M. Charléty, City Clerk, City Management Action: Approved minutes
B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY ITEM: Approve
Draft Annual Recognized Obligations Payment Schedule 24-25 (July 1, 2024 - June 30, 2025)
Action Proposed: Adopt a Successor Agency resolution reviewing and authorizing submittal of the draft Recognized Obligations Payment Schedule 24-25.

Contact: Crystal Reams, Finance Director/City Treasurer, Finance Action: Approved SA Resolution 2024-01
C. Adopt a Revised Resolution for the Affordable Housing Sustainable Communities Program for Mayfair Affordable
Action Proposed: Adopt a revised resolution authorizing staff to apply and receive the Affordable Housing Sustainable Communities Program funding as a joint applicant with Mayfair Affordable LLC (Developer), an affiliate of BRIDGE Housing Corporation, for 69 affordable housing units located at 11690 San Pablo Avenue (Project).

Contact: Aissia Ashoori, Housing-Economic Development
Manager; Melanie Mintz, Community Development Director, Community Development Department
Action: Approved Resolution 2024-01

8. PUBLIC HEARINGS

9. POLICY ITEMS
Agenda Packet Page 21 of 153

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A. Purchase Authorization and Budget Appropriation for Property Located at 10936 San Pablo Avenue
Action Proposed: Adopt a resolution authorizing the City Manager to execute all required documents and agreements associated with the purchase of 10936 San Pablo Avenue - APN 502-411-006 (“Property”) with Life In Christian Ministry of the Assemblies of God (“Seller”) and to appropriate $1,604,631 from the General Fund Unreserved Balance to complete the acquisition.

Contact: Melanie Mintz, Community Development Director, Community Development Department; Karen Pinkos, City Manager
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding demolition pricing.

Public Comments:

John Stashik - spoke in support of the purchase.

Moved/Seconded: Councilmember Motoyama/Councilmember Fadelli Action: Approved Resolution 2024-02. Ayes: Mayor Rudnick, Mayor Pro Tem Wysinger, Councilmember Fadelli, Councilmember Motoyama, Councilmember Quinto 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.

Councilmember Quinto - reported on meeting with members of the Assembly and State Senate.

Councilmember Motoyama - reported on attendance at East Bay Economic Development Alliance (EBEDA) Executive Committee meeting.

Councilmember Fadelli - announced upcoming February 1, 2024 Mayors Conference hosted by El Cerrito.

Mayor Rudnick - reported attendance at Contra Costa Mayors’ Conference and appointment as Chair of City Selections Committee.

A. 2024 Local Liaison Assignments
The Mayor will announce the 2024 City Council Liaison Assignments to City Boards, Commissions, and Committees and to Regional Bodies.

Mayor Rudnick announced 2024 Council Liaison assignments.

11. ADJOURN REGULAR CITY COUNCIL MEETING
The next regularly scheduled City Council meeting is Tuesday, February 6, 2024 at 6:00 p.m.

The meeting adjourned at 8:10 PM.

Agenda Packet Page 22 of 153

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Tessa Rudnick, Mayor
This is to certify that the foregoing is a true and correct copy of the minutes of the City Council meeting of January 16, 2024 as approved by the El Cerrito City Council.

Holly M. Charléty, MMC, City Clerk
Agenda Packet Page 23 of 153
Agenda Item No. 7.B.

EL CERRITO CITY COUNCIL PROCLAMATION
Recognizing February as Black History Month in the City of El Cerrito WHEREAS, much of the City of El Cerrito’s honor, strength and distinction can be attributed to the diversity of cultures and traditions that are celebrated by our residents; and
WHEREAS, African Americans have played a significant role in the history of our nation and California’s economic, cultural, spiritual, and political development while working tirelessly to promote their culture and history; and WHEREAS, as a result of their determination, hard work, and perseverance, African Americans have made valuable and lasting contributions to our community and our state, achieving exceptional success in all aspects of society including business, education, politics, science, and the arts; and
WHEREAS, in 1976, Black History Month was formally adopted to honor and affirm the importance of Black History throughout our American experience, and is full of individuals who took a stance against prejudice, advanced the cause of civil rights, strengthened families, communities, and our nation; and WHEREAS, all Americans are encouraged to reflect on past successes and challenges of African Americans and look to the future to improve society so that we live up to the ideals of freedom, equality, and justice; and WHEREAS, the Pan-African flag, also known as the UNIA (Universal Negro Improvement Association) flag, was created in 1920 to represent people of the African diaspora and to symbolize black liberation in the United States. The flag is an emblem of Black pride and symbolizes the union of governance, people, and territory.

NOW THEREFORE, the City Council of the City of El Cerrito does hereby declare February as Black History Month in the City of El Cerrito and invites everyone to recognize and celebrate the diversity and character of our community and highlight the importance of sharing our culture, customs, and traditions with those around us. And furthermore, recognizes Black History Month by flying the Pan-African Flag at City Hall during the month of February.

Dated: February 6, 2024
__________________________
Tessa Rudnick, Mayor
Agenda Packet Page 24 of 153
Agenda Item No. 7.C.

CITY COUNCIL OF THE CITY OF EL CERRITO PROCLAMATION
Recognizing the Cultural and Historical Significance of Lunar New Year in the City of El Cerrito
WHEREAS, Lunar New Year begins on the second new moon following the winter solstice, or the first day of the new year according to the lunisolar calendar, and extends until the full moon 15 days later; and
WHEREAS, February 10, 2024, marks the first day of Lunar New Year and the Year of Dragon for calendar year 2024; and
WHEREAS, Lunar New Year began in China more than 4,000 years ago and is widely celebrated in East and Southeast Asia; and
WHEREAS, Lunar New Year is often referred to as Spring Festival in various Asian countries; and
WHEREAS, the Asian diaspora has expanded the Lunar New Year celebration into an annual worldwide event; and
WHEREAS, Lunar New Year is celebrated by Asian Americans and many nonAsian Americans in El Cerrito and throughout California and the entire United States; and
WHEREAS, participants celebrating Lunar New Year travel to spend the holiday reuniting with family and friends, enjoying community activities and cultural performances; and
WHEREAS Lunar New Year is traditionally a time to wish others good fortune, health, peace, prosperity, and happiness.

NOW, THEREFORE, the City of El Cerrito recognizes the cultural and historical significance of Lunar New Year; in observance of Lunar New Year, expresses its deepest respect for Asian Americans and all individuals in El Cerrito and throughout the world who celebrate this significant occasion; and wishes Asian Americans and all individuals who observe this holiday a happy and prosperous new year.

Dated: February 6, 2024
__________________________
Tessa Rudnick, Mayor
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AGENDA BILL
Agenda Item No. 7.D.

Date: February 6, 2024
To: El Cerrito City Council
From: Crystal Reams, Finance Director/City Treasurer, Finance Department Subject: FY 2023-24 Second Quarter Cash and Investment Report

ACTION PROPOSED
Receive and file the City's first quarter cash and investment report for the period October 1, 2023 through December 31, 2023.

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

ANALYSIS
The FY 2023-24 Second Quarter Cash and Investment Report for October 1, 2023 through December 31, 2023 shows that the City's total cash and investments as of December 31, 2023, had a par value of $33,120,034.44 in the following accounts. • $23,649,804.48 (LAIF)
• $3,436,582.66 (Mechanics Bank) (includes interest earnings) o $31.20 Interest Earned October 2023
o $33.08 Interest Earned November 2023
o $28.18 Interest Earned December 2023
• $6,031,297.30 (Mechanics Bank Money Market) (includes interest earnings) o $3,425.22 Interest Earned October 2023
o $3,280.57 Interest Earned November 2023
o $9,813.44 Interest Earned December 2023
• $2,350.00 (Petty Cash Funds)
These funds are available to meet operating expenses for the next six months.

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

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Agenda Item No. 7.D.

This action supports the City’s Strategic Plan Goal(s) of:
• High Performing Organization by Ensure the City maintains a strong financial position and a high-preforming organization where employees feel a sense of inclusion and belonging.

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

FINANCIAL CONSIDERATIONS
High-Preforming Organization: The Quarterly Cash and Investment Report complies with the City of El Cerrito Investment Policy and California Government Code Section 53646. The City ensures the city maintains a strong financial position and a highpreforming organization where employees feel a sense of inclusion and belonging.

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

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. FY 24 Q2 Quarterly Cash & Investment Report
Agenda Packet Page 27 of 153
City of El Cerrito
Quarterly Cash and Investment Report
for the Quarter Ending December 31, 2023
Attachment A
Category Trustee/Broker Month Ending PAR Value (Actual Value) Quarter End Interest Rate Market value Pooled Investments California State Treasurer September 30, 2023 23,649,804.48 $ 3.81% 23,649,804.48 $ Cash with Bank Mechanics Bank September 30, 2023 3,436,582.66 $ 0.01% 3,436,582.66 $ Money Market Account Mechanics Bank September 30, 2023 6,031,297.30 $ 4.27% 6,031,297.30 $ Petty Cash Funds City Management September 30, 2023 2,350.00 $ N/A 2,350.00 $ $ 33,120,034.44 $ 33,120,034.44
I certify that this report is in compliance with the City of El Cerrito Investment Policy and the California government Code Section 53646.The City has sufficient cash to meet the next six months of estimated expenditures as required by the Code. Crystal Reams, Finance Director/City TreasurerTotal Cash and Investments Agenda Packet Page 28 of 153

AGENDA BILL
Agenda Item No. 7.E.

Date: February 6, 2024
To: El Cerrito City Council
From: Crystal Reams, Finance Director/City Treasurer, Finance Department Subject: Monthly Disbursement and Check Register Report for December 2023

ACTION PROPOSED
Receive and file the Monthly Disbursement and Check Register Report for the month of December 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 December 31, 2023, reflecting 225 Accounts Payable General Warrant Nos. 88241 through 88465, 22 ACH/EFT transactions, and 864 payrollrelated checks and EFTs for a grand total of $5,460,700.09.

STRATEGIC PLAN CONSIDERATIONS
The City’s Comprehensive Financial Policy, which includes ensuring policies, procedures, and systems represent best practices in financial management, is 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.

Agenda Packet Page 29 of 153
Agenda Item No. 7.E.

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.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Monthly Payment Register December 2023
Agenda Packet Page 30 of 153
Number Date Status Void Reason Source Payee Name Description Transaction
Amount
Check
88241 12/05/2023 Open Accounts Payable EMILY , GRAHAM PERDIEM - EXECUTIVE ASSISTANT COURSE $150.0088242 12/06/2023 Open Accounts Payable 4LEAF, INC. PROFESSIONAL SERVICES $372,392.3588243 12/01/2023 Open Accounts Payable CALPERS LONG TERM CARE PROGRAM PER3 - CALPERS Longterm Care Ins $39.6688244 12/01/2023 Open Accounts Payable HEALTH CARE DENTAL TRUST DEN1 - Dental 1* $17,997.63 88245 12/01/2023 Open Accounts Payable IAFF LOCAL 1230 DUE4 - UNION LOCAL 1230 $5,076.7188246 12/01/2023 Open Accounts Payable KAISER FOUNDATION HEALTH PLAN K1 - Kaiser 1* $231,455.3588247 12/01/2023 Open Accounts Payable LEGALSHIELD LEGL - PRE-PAID LEGAL SRVC $182.4088248 12/01/2023 Open Accounts Payable MUNICIPAL POOLING AUTHORITY LIFE - Supp Life Insu Inv: 920-34845 - Dec 2023 $12,170.5188249 12/01/2023 Open Accounts Payable NATIONWIDE TRUST COMPANY, FSB FHEA - Fire Health Savings Acct $14,500.0088250 12/01/2023 Open Accounts Payable SEIU LOCAL 1021 COPE - VOLUNTARY COPE DEDUCTION* $1,681.3788251 12/01/2023 Open Accounts Payable SUTTER HEALTH PLUS SHR - Sutter Health Plus EE Cost* $35,579.2088252 12/01/2023 Open Accounts Payable U.S. BANK - INSTITUTIONAL TRUST - W REGION PAR - PARS - ARS 457* $2,269.3488253 12/07/2023 Open Accounts Payable 4LEAF, INC. SWIMMING POOL REPLASTERING $16,645.0088254 12/07/2023 Open Accounts Payable Amazon Capital Services, Inc. OFFICE SUPPLIES $360.4688255 12/07/2023 Open Accounts Payable ANCHOR ENGINEERING,, INC. DEL NORTE TOD COMPLETE STREETS - OCT 23 $6,197.5088256 12/07/2023 Open Accounts Payable BADGE FRAME, INC. MEMORIAL BOX $1,432.0788257 12/07/2023 Open Accounts Payable BKF ENGINEERS 2023 STORM DRAIN PROJECT $9,880.0088258 12/07/2023 Open Accounts Payable CITY OF RICHMOND CAD FEES $69,224.1788259 12/07/2023 Open Accounts Payable COLEMAN, CLAIRE MMANC & CSMFO MEMBERSHIP DUES $230.0088260 12/07/2023 Open Accounts Payable DATA TICKET, INC. BUILDING AND SAFETY $400.0088261 12/07/2023 Open Accounts Payable DU, JILL GFOA MEMBERSHIP FEE & ACCT FOR CAP ASSETS TRNG CS $300.0088262 12/07/2023 Open Accounts Payable EAST BAY STRUCTURAL & TERMITE CO. INC. PLAN REVIEW $3,195.0088263 12/07/2023 Open Accounts Payable FEHR & PEERS RICHMOND ST COMPLETE STREETS PROJECT $1,665.0088264 12/07/2023 Open Accounts Payable FORENSIC SERVICES DIVISION FORENSIC TESTING $2,175.0088265 12/07/2023 Open Accounts Payable INTERWEST CONSULTING GROUP INC ON-CALL PLANNING $6,343.7588266 12/07/2023 Open Accounts Payable IRON MOUNTAIN DOCUMENT STORAGE $1,030.5688267 12/07/2023 Open Accounts Payable KAISER PERMANENTE NEW HIRE PHYSICALS $170.0088268 12/07/2023 Open Accounts Payable KITTELSON & ASSOCIATES INC 2023 LRSP PROG PYMT 3 $10,448.5688269 12/07/2023 Open Accounts Payable LEAF SOPHOS LICENSING LEASE PYMT $1,300.4388270 12/07/2023 Open Accounts Payable PennDel's Bakehouse CAKE FOR REORGANIZATION COUNCIL MTG $300.0088271 12/07/2023 Open Accounts Payable SIEGFRIED ENGINEERING, INC. ARLINGTON PARK DESIGN SERVICES $2,611.4988272 12/07/2023 Open Accounts Payable STANTEC CONSULTING PLANNING STAFFING SUPPORT $10,615.1988273 12/07/2023 Open Accounts Payable SWRCB SWRCB ANNUAL PERMIT FEE $10,602.0088274 12/07/2023 Open Accounts Payable LOCKED IN FIRE AND ENGINEERING, INC. 230 EC PLAZA $1,500.0088275 12/07/2023 Open Accounts Payable MEYERS NAVE MATTER: EC PLAZA BART DEVELOPMENT PROJ - CR $29,656.2088276 12/07/2023 Open Accounts Payable MORTON'S URBAN PEST MANAGEMENT FAIRMONT CLUBHOUSE PEST CONTROL SVC OCT2023 $380.0088277 12/07/2023 Open Accounts Payable PLANETMAGPIE ON PREMISE EMAIL USER RECOVERY & AD CONNECT REPAIR $7,606.2588278 12/07/2023 Open Accounts Payable PLAZA AUTO SERVICE INC M23 ANNUAL MAITENANCE SERVICE $834.60 City of El Cerrito
Payment Register
From Payment Date: 12/1/2023 - To Payment Date: 12/31/2023 Accounts Payable - Checks
user: Jill Du Pages: 1 of 7 Saturday, January 6, 2024
Agenda Packet Page 31 of 153
Number Date Status Void Reason Source Payee Name Description Transaction
Amount
City of El Cerrito
Payment Register
From Payment Date: 12/1/2023 - To Payment Date: 12/31/2023 Accounts Payable - Checks88279 12/07/2023 Open Accounts Payable SAME DAY SIGNS SPECIAL ORDER SIGNS FOR HNA & SIGN FOR RERC $2,619.6888280 12/07/2023 Open Accounts Payable THE RULES GUYS LLC 2024 MAINTENANCE MY FIRE RULES $1,543.7588281 12/07/2023 Open Accounts Payable BATTLES, BROOKE CUSTOMER 14105 REFUND OF BUSINESS TAX & PENALTY FEES FY 2022-23 $322.4088282 12/07/2023 Open Accounts Payable A PLUS TREE, INC. CITY TREE REMOVAL AND PRUNING $45,946.0088283 12/07/2023 Open Accounts Payable ALLIANT INSURANCE SERVICES, INC AMVP 4TH QTR ENDORSEMENT $1,787.0088284 12/07/2023 Open Accounts Payable AMERICAN MECHANICAL SERVICES, INC. CITY HALL HVAC MAINTENANCE NOV23 - JAN24 $2,525.0088285 12/07/2023 Open Accounts Payable AVILA PROJECT MANAGEMENT 2022 ACCESS MODS, SIDEWALK & ADA IMPROVEMENTS PROJ $57,440.0088286 12/07/2023 Open Accounts Payable CINTAS CORPORATION #054 UNIFORMS CORP YARD UNIFORMS WEEKLY RENTAL $424.3288287 12/07/2023 Open Accounts Payable Coller Industries Incorporated dba name Tag, Inc. LOCKER NAMEPLATE $18.4288288 12/07/2023 Open Accounts Payable CPS HR Consulting RECRUITING $953.8688289 12/07/2023 Open Accounts Payable CSFA MANAGEMENT MEMBERSHIP $425.0088290 12/07/2023 Open Accounts Payable EXCEL BALER LLC BALER: NEW STYLE PHOTO EYE PART $365.0788291 12/07/2023 Open Accounts Payable GALLAGHER BENEFIT SERVICES, INC. CLASS & COMP - DRAFT FLASS SPECS $8,500.0088292 12/07/2023 Open Accounts Payable GILMAN STREET PRESS BUSINESS CARDS $83.06 88293 12/07/2023 Open Accounts Payable Golden Bear Transfer Station SWEEP SPOILS 11/8/23: 5 TONS $650.7588294 12/07/2023 Open Accounts Payable HONEY BUCKET CENTRAL PARK SVC 11/14/23-12/11/23 $221.0588295 12/07/2023 Open Accounts Payable INTREPID ELECTRONIC SYSTEMS CITY HALL ANNUAL FIRE ALARM/SPRINKLER TEST & INSPECTION $1,945.0088296 12/07/2023 Open Accounts Payable JADSON SOUZA DE JESUS CAPOEIRA AUG-SEP 2023 $1,770.0088297 12/07/2023 Open Accounts Payable MCAVOY, IAN THANKSGIVING LEGO CAMP 2023 $2,760.0088298 12/07/2023 Open Accounts Payable OFFICE DEPOT OFFICE SUPPLIES $186.6088299 12/07/2023 Open Accounts Payable ROADSAFE TRAFFIC SYSTEMS, INC. RAIN JACKETS CORP YARD(2) & RAIN JACKETS RERC (5) $2,199.6688300 12/07/2023 Open Accounts Payable Serological Research Institute LAB FEES $1,465.0088301 12/07/2023 Open Accounts Payable SSD ALARM CASTRO & HARDING CLUBHOUSES ALARM SVC DEC2023 $732.6388302 12/07/2023 Open Accounts Payable TWO BROTHERS POOL & SPA, INC NOV SERVICE & REAGENTS $3,634.0588303 12/07/2023 Open Accounts Payable WEST COAST VENDING SERVICES, INC. FOOD $4,078.04 88304 12/14/2023 Open Accounts Payable AVILA PROJECT MANAGEMENT EBMUD/CLAYTON-CENTRAL PERMIT $7,862.5088305 12/14/2023 Open Accounts Payable BALTZ, LEONARD KARATE YOUTH & ADULT JULY-OCTT 2023 $1,612.8088306 12/14/2023 Open Accounts Payable BAY AREA NEWS GROUP EAST BAY WEST COUNTY TIMES; LEGALS CLS $201.7688307 12/14/2023 Open Accounts Payable BENSON, PETER REIMBURSE PARAMEDIC LICENSE RENEWAL $250.0088308 12/14/2023 Open Accounts Payable Birdsell, Adam REIMBURSE TRAINING $350.0088309 12/14/2023 Open Accounts Payable BKF ENGINEERS MISC STORM DAIL 2023 $6,458.0088310 12/14/2023 Open Accounts Payable Blue Electric COMMUNITY CTR ELECTRICAL WORK $2,355.0088311 12/14/2023 Open Accounts Payable DICKINSON FLEET SVCS / COX AUTOMOTIVE C3: SERPENTINE BELT & TENSIONER R & R $20,322.5288312 12/14/2023 Open Accounts Payable EAST BAY BLUE PRINT & SUPPLY HP SERVICE NOV 2023 $82.69 88313 12/14/2023 Open Accounts Payable FJ&I ENGINEERING, INC. EV CHARGING STATION PROJECT $27,759.0088314 12/14/2023 Open Accounts Payable GLASS ON THE MOVE VEHICLE MAINTENANCE $364.4488315 12/14/2023 Open Accounts Payable GRIFFIN PERFORMANCE JUDO LLC JUDO/JUJITSU YOUTH & ADULT FALL 2023 $2,762.9088316 12/14/2023 Open Accounts Payable JAFFE, SCOT OPEN CERAMICS NOV 2023 $282.0088317 12/14/2023 Open Accounts Payable KEL-AIRE COMMUNITY CTR HVAC CHECK, REPLACE THERMOSTAT AND BELT $1,874.24 user: Jill Du Pages: 2 of 7 Saturday, January 6, 2024
Agenda Packet Page 32 of 153
Number Date Status Void Reason Source Payee Name Description Transaction
Amount
City of El Cerrito
Payment Register
From Payment Date: 12/1/2023 - To Payment Date: 12/31/2023 Accounts Payable - Checks88318 12/14/2023 Open Accounts Payable KISTER,SAVIO & REI INC 10936 SAN PABLO SURVEY $5,574.0088319 12/14/2023 Open Accounts Payable KNORR SYSTEMS, INC. POOL COVERS $28,012.2188320 12/14/2023 Open Accounts Payable LAVERA WILSON MASEP BOOKS THAT SI2023 INVOICE 2 $1,290.0088321 12/14/2023 Open Accounts Payable LEWKOWITZ, MARK HASEP KARATE SI 2023 $1,684.8088322 12/14/2023 Open Accounts Payable MCAVOY, IAN HASEP SI 2023 OFF THE BLOCK STEM $2,682.0088323 12/14/2023 Open Accounts Payable MITCHELL, BONNIE AQUA ZUMBA NOV2O23 $227.7088324 12/14/2023 Open Accounts Payable OLIVERO PLUMBING FIX WOMEN'S LOCKER ROOM SINKS $1,089.2088325 12/14/2023 Open Accounts Payable ROSTAD*KIKI WINTER CLAY W/KIKI 2023 $528.0088326 12/14/2023 Open Accounts Payable RUIZ, JOE XFIT OCT-NOV 23 ADULT & YOUTH $1,765.2088327 12/14/2023 Open Accounts Payable SSD ALARM COMMUNITY CTR ALARM JAN 2024 $190.3988328 12/14/2023 Open Accounts Payable SSP DATA PRODUCTS FIREWALL RECONFIGURATION $100.0088329 12/14/2023 Open Accounts Payable STERICYCLE, INC. HAZARDOUS WASTE $173.6588330 12/14/2023 Open Accounts Payable SUPER SOCCER STARS SUPER SOCCER STARS SEP-OCT 2023 $8,044.8088331 12/14/2023 Open Accounts Payable THE BERKELEY CHESS SCHOOL MASEP CHESS SI 2023 $2,430.0088332 12/14/2023 Open Accounts Payable WILLIAMS, GARY REIMBURSE TRAINING $350.0088333 12/14/2023 Open Accounts Payable ZOON ENGINEERING, INC. ARLINGTON PARK IMPROVEMENT PROJECT $2,827.9488334 12/14/2023 Open Accounts Payable MARKS, GARY REAL PROPERTY TAX REBATE FOR 1309 NOBLE CT $2,650.0088335 12/14/2023 Open Accounts Payable METZGER, ERIC REAL PROPERTY TAX REBATE FOR 5403 SILVA AVE $2,400.0088336 12/14/2023 Open Accounts Payable Amazon Capital Services, Inc. GENERAL OFFICE SUPPLIES $45.0088337 12/14/2023 Open Accounts Payable BERTRAND, FOX, ELLIOT, OSMAN & WENZEL CITY OF EC GENERAL $7,702.5088338 12/14/2023 Open Accounts Payable BLACK, MEI-YU WATERCOLOR & ACRYLIC NOV 2023 $126.0088339 12/14/2023 Open Accounts Payable CONSTABLE, MARIANNE FELDENKRAIS NOV 2023 $168.0088340 12/14/2023 Open Accounts Payable DON'S TIRE SERVICE, INC. R & R Tire $432.3988341 12/14/2023 Open Accounts Payable DU, JILL ANNUAL GOVT GAAP UPDATE ENCORE $180.0088342 12/14/2023 Open Accounts Payable ELENA CHANGALA YOGA FUNDAMENTALS KIDS NOV 2023 $432.0088343 12/14/2023 Open Accounts Payable FUJIWARA, PATTY MONDAY EVENING CERAMICS NOV 2023 $1,218.0088344 12/14/2023 Open Accounts Payable GABRIEL, BARBARA, A. ADULT BALLET NOV 2023 $638.4088345 12/14/2023 Open Accounts Payable GARDA CL WEST,INC. - CO 120 ARMORED TRANSPORT SVC $276.3788346 12/14/2023 Open Accounts Payable HUNT & SONS, INC. CITY FUEL $17,235.8088347 12/14/2023 Open Accounts Payable JADSON SOUZA DE JESUS CAPOEIRA OCT-NOV 2023 $1,981.8088348 12/14/2023 Open Accounts Payable KINSEY, KATHRYNE ANN BRIDGE NOV 2023 $433.8088349 12/14/2023 Open Accounts Payable LACK, CHRIS INTRO TO CERAMICS NOV 2023 $686.0088350 12/14/2023 Open Accounts Payable MITCHELL, EEVELYN, J PYMT 2 OF 2 POET LAUREATE $1,000.0088351 12/14/2023 Open Accounts Payable MUNICIPAL MAINTENANCE CAR PARTS $45.8388352 12/14/2023 Open Accounts Payable NHA ADVISORS COMMUNICATIONS MEETINGS DOC REVIEW $2,925.0088353 12/14/2023 Open Accounts Payable NICOLE CEA RIVERA WOMEN'S WORKOUT NOV 2023 $172.8088354 12/14/2023 Open Accounts Payable Norge Cleaners and Alterations DRY CLEANING $326.05 88355 12/14/2023 Open Accounts Payable OFFICE DEPOT SUPPLIES $75.5188356 12/14/2023 Open Accounts Payable PLANETMAGPIE REPAIR EMAIL INBOX AND AZURE CONNECTION $2,787.50 user: Jill Du Pages: 3 of 7 Saturday, January 6, 2024
Agenda Packet Page 33 of 153
Number Date Status Void Reason Source Payee Name Description Transaction
Amount
City of El Cerrito
Payment Register
From Payment Date: 12/1/2023 - To Payment Date: 12/31/2023 Accounts Payable - Checks88357 12/14/2023 Open Accounts Payable PLAZA AUTO SERVICE INC DODGE CARAVAN, BRAKES, AIRFILTER WINDSHIELD WIPERS $2,122.6188358 12/14/2023 Open Accounts Payable RAMOS, STEPHANIE, R ZUMBA NOV 2023 $3,445.8088359 12/14/2023 Open Accounts Payable RICOH USA, INC OVERAGE CHARGE $2,169.3088360 12/14/2023 Open Accounts Payable ROADPOST USA, INC. FD SATELLITE PHONES $133.9088361 12/14/2023 Open Accounts Payable ROSE, CORY WORK BOOTS - ANNUAL PURCHASE $207.1788362 12/14/2023 Open Accounts Payable Shababo, Tracey , Elise SEWING & TEXTILE ART 10/11 - 12/1/23 $2,625.0088363 12/14/2023 Open Accounts Payable SHAHKAR, MEHRAN STRENGTH & BALANCE NOV 2023 $990.0088364 12/14/2023 Open Accounts Payable STANTEC CONSULTING PLANNING SUPPORT STAFF $424.3188365 12/14/2023 Open Accounts Payable STAPLES ADVANTAGE OFFICE SUPPLIES $264.90 88366 12/14/2023 Open Accounts Payable STERICYCLE, INC. MEDICAL WASTE $759.4188367 12/14/2023 Open Accounts Payable TIM JUNG INVESTIGATIONS BACKGROUND INVESTIGATION $1,861.5788368 12/14/2023 Open Accounts Payable TRB AND ASSOCIATES, INC. PLAN REVIEW $6,673.2088369 12/14/2023 Open Accounts Payable UNIVERSAL BUILDING SERVICE RECYCLING CTR JANITORIAL SVCS NOV2023 $5,743.0088370 12/14/2023 Open Accounts Payable VEGA, FRANCISCO PLAYGROUND FIBAR FOR PARKS 5 CU YARDS $263.4088371 12/14/2023 Open Accounts Payable VERIZON WIRELESS WIRELESS PHONES - SEPT2023 $10,404.8488372 12/14/2023 Open Accounts Payable VERMONT SYSTEMS, INC. HOSTING SVCS NOV 2023 $2,507.5088373 12/14/2023 Open Accounts Payable ZWETSCH, STEPHEN PYMT 3 ZWETSCH AS ECCRU ARTIST IN RESIDENCE $300.0088374 12/14/2023 Open Accounts Payable A PLUS TREE, INC. CITY TREE PRUNING & REMOVAL $44,088.4988375 12/14/2023 Open Accounts Payable AMERIGAS PROPANE INC PROPANE FOR FORKLIFTS $403.8588376 12/14/2023 Open Accounts Payable ASBURY ENVIRONMENTAL SERVICES USED MOTOR OIL RECYCLING 11/17/23 $100.0088377 12/14/2023 Open Accounts Payable ATCO Pest Control COMMUNITY CTR PEST CONTROL SVC DEC23 $375.0088378 12/14/2023 Open Accounts Payable BEST GAS & CAR WASH JAN-NOV 2023 CAR WASHES $1,485.0088379 12/14/2023 Open Accounts Payable CHARLETY, HOLLY PARKING CAL CITIES ANNUAL CONFERENCE $63.0088380 12/14/2023 Open Accounts Payable CHILDCARE CAREERS, LLC FAIRMONT CHILDCARE AIDE $2,732.4088381 12/14/2023 Open Accounts Payable CINTAS CORPORATION #054 UNIFORMS UNIFORM PANTS PURCHASE - LAMBERTO $744.8788382 12/14/2023 Open Accounts Payable CORE COMPUTING SOLUTIONS JAN2024 CORE MAINTENANCE + SUPPORT $175.1588383 12/14/2023 Open Accounts Payable DON'S TIRE SERVICE, INC. R&R TIRE $181.58 88384 12/14/2023 Open Accounts Payable EL CERRITO TIRES, INC. CH1 HONDA CIVIC COLLISION REPAIR (PARTS, PAINT, LABOR) $3,921.2788385 12/14/2023 Open Accounts Payable FOLGERGRAPHICS, INC. UV OUTDOOR GARBAGE CART LABELS $749.1188386 12/14/2023 Open Accounts Payable Golden Bear Transfer Station NOV 2023 SWEEP SPOILS, 11/22/23-3.2 TONS, 11/27/23-2.6 TONS $754.8788387 12/14/2023 Open Accounts Payable J & O' s COMMERCIAL TIRE CENTER REPLACE TIRES/CUSTOMERS RECAPS: C4 $355.1988388 12/14/2023 Open Accounts Payable JONES, HIROMI HATHA YOGA NOV2023 $588.0088389 12/14/2023 Open Accounts Payable KATO PLUMBING RELEASE OF BONDS DEC 2023 $2,344.0088390 12/14/2023 Open Accounts Payable KI RESEARCH INSTITUTE AKIDO NOV 2023 $264.0088391 12/14/2023 Open Accounts Payable MCGEOY, MICHELE PICKLEBALL AUG-NOV 2023 $4,750.8088392 12/14/2023 Open Accounts Payable NERD CROSSING ECONOMIC DEVELOPMENT WEB PAGE $400.0088393 12/14/2023 Open Accounts Payable OFFICE DEPOT MISC SUPPLIES $283.5288394 12/14/2023 Open Accounts Payable OIL CHANGERS OIL CHANGE $74.2088395 12/14/2023 Open Accounts Payable PASTIME HARDWARE BULBS $926.94 user: Jill Du Pages: 4 of 7 Saturday, January 6, 2024
Agenda Packet Page 34 of 153
Number Date Status Void Reason Source Payee Name Description Transaction
Amount
City of El Cerrito
Payment Register
From Payment Date: 12/1/2023 - To Payment Date: 12/31/2023 Accounts Payable - Checks88396 12/14/2023 Open Accounts Payable PAYMENTUS CORPORATION CREDIT CARD FEES $4,038.4688397 12/14/2023 Open Accounts Payable PG&E RELEASE OF BONDS DEC 2023 $2,560.7788398 12/14/2023 Open Accounts Payable PREMIER GRAPHICS BUSINESS CARDS INSPECTORS $71.6688399 12/14/2023 Open Accounts Payable REACH MEDIA NETWORK LOBBY MONITOR SOFTWARE $360.0088400 12/14/2023 Open Accounts Payable SONIC TELECOM RELEASE OF BONDS DEC 2023 $761.6588401 12/14/2023 Open Accounts Payable UNIVERSAL BUILDING SERVICE LIBRARY CUSTODIAL SVCS NOV 2023 $972.0088402 12/14/2023 Open Accounts Payable West Contra Costa Transit Authority (WCCTAC) FY22-23 Q4 PYMT OF STMP FEES COLLECTED TO WCCTAC $94,241.7088403 12/14/2023 Open Accounts Payable LOPEZ, EDITH Restroom key refund $24.0088404 12/15/2023 Open Accounts Payable CALPERS LONG TERM CARE PROGRAM PER3 - CALPERS Longterm Care Ins $39.6688405 12/15/2023 Open Accounts Payable EL CERRITO FIRE DEPT MGMT GRP MGT1 - FIRE DEPT MGMT GROUP $50.0088406 12/15/2023 Open Accounts Payable EL CERRITO PUBLIC SFTY EE MGMT MGT2 - SAFETY EMPLYEE MGMT GROUP $768.0088407 12/15/2023 Open Accounts Payable FIRE ASSOCIATION DUE2 - FIRE ASSN DUES $480.0088408 12/15/2023 Open Accounts Payable LIFE INSURANCE OF NORTH AMERICA ACCD - Accidental Death & Dismembermt $69.5088409 12/15/2023 Open Accounts Payable POLICE ASSN. DUE1 - POLICE ASSN DUES $6,262.0988410 12/15/2023 Open Accounts Payable PRO FIREFIGHTERS ASSN DUES DUE3 - EC PRO FIREFIGHTERS DUES $270.0088411 12/15/2023 Open Accounts Payable SEIU LOCAL 1021 COPE - VOLUNTARY COPE DEDUCTION* $1,738.5688412 12/15/2023 Open Accounts Payable U.S. BANK - INSTITUTIONAL TRUST - W REGION PAR - PARS - ARS 457* $4,318.6188413 12/20/2023 Open Accounts Payable EBMUD EBMUD 9/7/23-11/6/23 $16,960.5988414 12/20/2023 Open Accounts Payable LSA ASSOCIATES, INC. PHASES 1-3 $23,887.1888415 12/20/2023 Open Accounts Payable A PLUS TREE, INC. CITY TREE MAINTENANCE $53,036.6988416 12/20/2023 Open Accounts Payable Amazon Capital Services, Inc. CREDIT FOR NON-DELIVERED ITEM $11.5588417 12/20/2023 Open Accounts Payable ARMOUR PETROLEUM SVC & EQUIPT UST VISUAL INSPECTN & DESIGNATED OPERATOR EMPLOYEE TRAINING $428.0088418 12/20/2023 Open Accounts Payable ASBURY ENVIRONMENTAL SERVICES MOTOR OIL RECYCLING 12.8.23 $100.0088419 12/20/2023 Open Accounts Payable AT&T AT&T LAND TELEPHONE LINES $11,519.1388420 12/20/2023 Open Accounts Payable AXON ENTERPRISE, INC. BWC RENEWAL $44,378.28 88421 12/20/2023 Open Accounts Payable BAY ALARM COMPANY CORP YARD ALARM SVC CALL - TRACE & RECONNECT 2ND PHONE LINE $395.0088422 12/20/2023 Open Accounts Payable BAY AREA AIR QUALITY MGMT DIST CITY HALL DIESEL GENERATOR - ANNUAL PERMIT RENEWAL $563.0088423 12/20/2023 Open Accounts Payable CINTAS CORPORATION #054 UNIFORMS CORP YARD WEEKLY UNIFORM RENTALS $212.1688424 12/20/2023 Open Accounts Payable COIT FLOOR CLEANING CASTRO CLUBHOUSE $2,170.0088425 12/20/2023 Open Accounts Payable CONRY, KOREY CHAINSAW SAFETY CLASS FOR PW 11.28.23 $1,857.4088426 12/20/2023 Open Accounts Payable DICKINSON FLEET SVCS / COX AUTOMOTIVE R3: DUMP STORAGE COMPARTMENT FLOOR REPAIR $15,334.8288427 12/20/2023 Open Accounts Payable ENGBERG, GERI ASEP IMPROV SI 2023 $4,138.0088428 12/20/2023 Open Accounts Payable GATE VIEW PAINTING CO, INC. INTERIOR PAINT $6,800.0088429 12/20/2023 Open Accounts Payable KEL-AIRE CANYON TRAIL CLUBHOUSE HVAC PM SVC OCT 2023 $749.1988430 12/20/2023 Open Accounts Payable KENNEDY AND ASSOCIATES MRP C.10 COMPLIANCE $397.6588431 12/20/2023 Open Accounts Payable LEXISNEXIS DORS RENEWAL $7,387.2888432 12/20/2023 Open Accounts Payable LSA ASSOCIATES, INC. 1711 EASTSHORE $621.2588433 12/20/2023 Open Accounts Payable MEDINA-ROSS, VERONICA FASEP/HASEP SCIENCE SI 2023 $6,460.8088434 12/20/2023 Open Accounts Payable MORTON'S URBAN PEST MANAGEMENT CASTRO CLUBHOUSE PEST CONTROL SVC OCT 2023 $905.00 user: Jill Du Pages: 5 of 7 Saturday, January 6, 2024
Agenda Packet Page 35 of 153
Number Date Status Void Reason Source Payee Name Description Transaction
Amount
City of El Cerrito
Payment Register
From Payment Date: 12/1/2023 - To Payment Date: 12/31/2023 Accounts Payable - Checks88435 12/20/2023 Open Accounts Payable REYNOLDS STRATEGIES PUBLIC INFORMATION OUTREACH $5,000.0088436 12/20/2023 Open Accounts Payable Slim CHANCE CIRCUS HASEP + FASEP CIRCUS SI 2023 $3,867.6588437 12/20/2023 Open Accounts Payable UNIVERSAL BUILDING SERVICE LIBRAY SUPPLIES - PAPER PRODUCTS & TRASH LINERS $382.7288438 12/20/2023 Open Accounts Payable WILLIAMS, LEW MASEP DRAMA SI 2023 $2,649.6088439 12/20/2023 Open Accounts Payable ANCHOR ENGINEERING,, INC. DEL NORTE TOD COMPLETE STREETS $2,405.0088440 12/20/2023 Open Accounts Payable BAY AREA NEWS GROUP EAST BAY CLASSIFIED ADVERTISING FOR C4014 $857.4888441 12/20/2023 Open Accounts Payable BERTRAND, FOX, ELLIOT, OSMAN & WENZEL CITY OF EC GENERAL $23,741.2588442 12/20/2023 Open Accounts Payable BKF ENGINEERS ON-CALL PM & ENG SVCS OHLONE GREENWAY $25,000.0088443 12/20/2023 Open Accounts Payable FEHR & PEERS RICHMOND ST COMPLETE STREETS PROJECT $18,256.9588444 12/20/2023 Open Accounts Payable FJ&I ENGINEERING, INC. FD CONEX $2,400.0088445 12/20/2023 Open Accounts Payable GARDA CL WEST,INC. - CO 120 ARMORED TRANSPORT SVC $38.2588446 12/20/2023 Open Accounts Payable HONEYWELL INTERNATIONAL, INC. CITY SATELLITE PHONES $225.0088447 12/20/2023 Open Accounts Payable HUNT & SONS, INC. CITY FUEL $1,780.1588448 12/20/2023 Open Accounts Payable KASSIRER ENTERTAINMENT COMPANY KASSIRER SPORTS HASEP/MASEP/FASEP SI 2023 $11,029.2088449 12/20/2023 Open Accounts Payable KENNEDY, GREG, C NOV 2023 MEDICAL REVIEW $2,000.0088450 12/20/2023 Open Accounts Payable KREISBERG LAW FIRM LEGAL SVCS 07.2023 $837.5088451 12/20/2023 Open Accounts Payable MOORE, IACOFANO, GOLTSMAN, INC SPECIFIC PLAN UPDATE $12,640.0088452 12/20/2023 Open Accounts Payable MUNICIPAL POOLING AUTHORITY UNMET LIABILITY DEDUCTIBLE $4,250.8888453 12/20/2023 Open Accounts Payable OFFICE DEPOT GENERAL OFFICE SUPPLIES $125.0888454 12/20/2023 Open Accounts Payable PASTIME HARDWARE BULBS/FLOURESCENT LIGHTS $201.5988455 12/20/2023 Open Accounts Payable PLAZA AUTO SERVICE INC M35 SEMI ANNUAL SVC $4,284.3888456 12/20/2023 Open Accounts Payable PROFORCE FCW EQUIPMENT $6,628.8888457 12/20/2023 Open Accounts Payable R3 CONSULTING GROUP 2023 RATE SETTING AND ON CALL SUPPORT $3,665.0088458 12/20/2023 Open Accounts Payable RUBICON ENTERPRISES INC EXTRA WORK OPP #2031 SEASONAL ADJ., IRRIGATION INSPECTION $16,228.3088459 12/20/2023 Open Accounts Payable S.P. AUTOMOTIVE DIESEL EXHAUST FLUID/AW46 MVI HYD FLUID $980.9588460 12/20/2023 Open Accounts Payable SSD ALARM JAN 2024 RECYCLING CTR ALARM $140.0488461 12/20/2023 Open Accounts Payable ST. FRANCIS ELECTRIC TS & SL MAINTENANCE NOV ROUTINE 2023 $9,439.6088462 12/20/2023 Open Accounts Payable TARGET SOLUTIONS LEARNING, LLC VECTOR SCHEDULING PRO $1,260.3588463 12/29/2023 Open Accounts Payable CALPERS LONG TERM CARE PROGRAM PER3 - CALPERS Longterm Care Ins $39.6688464 12/29/2023 Open Accounts Payable SEIU LOCAL 1021 COPE - VOLUNTARY COPE DEDUCTION* $1,658.5588465 12/29/2023 Open Accounts Payable U.S. BANK - INSTITUTIONAL TRUST - W REGION PAR - PARS - ARS 457* $2,571.91TOTAL CHECKS 225 Transactions $1,791,223.282635 12/01/2023 Open Accounts Payable EDD - PAYROLL TAX DEPOSIT CA - CA Tax $43,945.612636 12/01/2023 Open Accounts Payable IRS FED - Fed Tax* $155,996.522637 12/01/2023 Open Accounts Payable MIssionSquare (name chg 03-2021 formerly ICMA) ICM1 - ICMA-457 #300530 FLAT DOLLAR* $51,292.032638 12/01/2023 Open Accounts Payable P E R S PE1% - PERS SEIU* $205,008.662639 12/11/2023 Open Accounts Payable PG&E UTILITIES_PG&E 11/2-12/1/2023 $18,835.43Accounts Payable EFTs user: Jill Du Pages: 6 of 7 Saturday, January 6, 2024
Agenda Packet Page 36 of 153
Number Date Status Void Reason Source Payee Name Description Transaction
Amount
City of El Cerrito
Payment Register
From Payment Date: 12/1/2023 - To Payment Date: 12/31/2023 Accounts Payable - Checks2640 12/12/2023 Open Accounts Payable KATZ, JUDY SENIOR FITNESS NOV 2023 $223.202641 12/15/2023 Open Accounts Payable EDD - PAYROLL TAX DEPOSIT CA - CA Tax $41,405.232642 12/15/2023 Open Accounts Payable IRS FED - Fed Tax* $149,431.352643 12/15/2023 Open Accounts Payable MIssionSquare (name chg 03-2021 formerly ICMA) ICM1 - ICMA-457 #300530 FLAT DOLLAR* $47,894.832644 12/15/2023 Open Accounts Payable P E R S PE1% - PERS SEIU* $189,859.442645 12/19/2023 Open Accounts Payable PITNEY BOWES PURCHASE POWER PURCHASE POWER POSTAGE MONTHLY PYMT $2,000.002646 12/20/2023 Open Accounts Payable CalPERS (CA Public Employees' Retirement System) CALPERS UAL REMITTANCE DECEMBER 2023 $351,890.502647 12/20/2023 Open Accounts Payable CalPERS (CA Public Employees' Retirement System) CALPERS UAL REMITTANCE DECEMBER 2023 $158,073.332648 12/20/2023 Open Accounts Payable CalPERS (CA Public Employees' Retirement System) CALPERS UAL REMITTANCE DECEMBER 2023 $1,414.832649 12/20/2023 Open Accounts Payable CalPERS (CA Public Employees' Retirement System) CALPERS UAL REMITTANCE DECEMBER 2023 $570.422650 12/29/2023 Open Accounts Payable EDD - PAYROLL TAX DEPOSIT CA - CA Tax $41,939.132651 12/29/2023 Open Accounts Payable MIssionSquare (name chg 03-2021 formerly ICMA) ICM1 - ICMA-457 #300530 FLAT DOLLAR* $43,888.142652 12/29/2023 Open Accounts Payable P E R S PE CM PEPRA - PERS CM PEPRA* $105.842653 12/29/2023 Open Accounts Payable P E R S PE CM PEPRA - PERS COUNCIL-PEPRA $98.312654 12/29/2023 Open Accounts Payable IRS FED - Fed Tax* $150,697.892656 12/26/2023 Open Accounts Payable U.S. BANK - CORPORATE PAYMENT SYS DECEMBER 2023 CALCARD PAYMENT $60,960.232660 12/29/2023 Open Accounts Payable P E R S PE1% - PERS SEIU* $182,774.20TOTAL - EFTs 22 Transactions $1,898,305.12 Status Count Transaction Amou
Open 247 $3,689,528.40Voided 0 $0.00Total 247 $3,689,528.40

PAYROLL
Status Count Transaction AmouTotal Checks 157 $143,244.06Total EFT's 707Voided 0 $0.00Total 864 $1,771,171.69 GRAND TOTAL 1111 $5,460,700.09
$1,627,927.63

ACCOUNTS PAYABLE
user: Jill Du Pages: 7 of 7 Saturday, January 6, 2024
Agenda Packet Page 37 of 153

AGENDA BILL
Agenda Item No. 7.F.

Date: February 6, 2024
To: El Cerrito City Council
From: Susan Kattchee, Interim Operations and Environmental Services Division Manager; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Subject: Analysis of Potential Outsourcing of the City’s Municipal Curbside Recycling Operations Report

ACTION PROPOSED
Receive and file report from R3 Consulting Group, Inc. “Analysis of Potential Outsourcing of the City’s Municipal Curbside Recycling Operations”.

BACKGROUND/ANALYSIS
Consistent with the City's Fiscal Response Plan and Fiscal Recovery and Sustainability Plan prepared between 2020 and 2022, the City engaged R3 Consulting Group, Inc. (R3) to conduct an evaluation of the potential for outsourcing the City’s curbside recycling collection (and not the operations of the City’s recycling drop-off center) to a private operator (Resolution 2021-01). R3 is a consulting firm that has extensive experience in the field of solid waste management and sustainability, has assisted numerous jurisdictions in evaluating privatizing, and has in-depth knowledge of City operations and sensitivity to community issues. R3 conducted its original analysis in 2021. However, due to the impact of the COVID-19 pandemic and limited staff resources, the effort was put on hold. In mid-2023, City staff re-engaged R3 to update the financial portions of the analysis to reflect current expenses and revenues. R3’s final report is being provided to the City Council for its information and consideration as appropriate in the future.

R3 found that the City provides curbside recycling collection services at a lower cost than would be offered by private solid waste operators. R3 also found that the City maintains a higher level of control over the range and quality of services it provides because of the nature of providing recycling services as a public utility and the uniqueness of the shared operations with the City's Recycling + Environmental Resources Center (RERC). R3 identified the following three potential options for next steps: 1) maintaining the status quo, 2) continuing curbside recycling operations but making additional investments, and 3) pursuing a Request for Information (RFI)/Request for Proposal (RFP) process.

As part of the upcoming biennial budget process and update to the Integrated Waste Management (IWM) Fund forecast, City staff will consider increased investments to continue to improve operating standards, safety, and efficiency. City staff considered R3’s recommendation to conduct an RFI/RFP and determined that the additional effort is not warranted now knowing that the City provides the curbside recycling service at a Agenda Packet Page 38 of 153
Agenda Item No. 7.F.
lower rate than surrounding communities and the likelihood, if the service was outsourced, the rates would go up for residents and businesses. Notably, as indicated in the report, the City’s recycling operations have historically provided a high level of customer service and have rated quite high in community satisfaction surveys.

STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal(s) of:
• High Performing Organization by preserving and annually adjusting Integrated Waste Management fees to provide sufficient resources to deliver high-quality recycling and other integrated waste management services and programs to the community; and
• Environmental Sustainability by continuing to implement services and programs that promote waste diversion and reduce the amount of waste generated in El Cerrito, and maintains and leverages the Recycling Center as a community asset.

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

FINANCIAL CONSIDERATIONS
The City’s curbside recycling operations are funded by the City's Integrated Waste Management (IWM) fees, which also fund the operations of the RERC, and other waste collection, source reduction, recycling and related environmental services and programs operated by the City. These fees also cover administrative overhead captured by the operating transfer to the General Fund. The IWM fees are established on an annual basis by the City Council based on the revenue required to run these operations, making them self-sustaining.

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

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. R3 Report: Analysis of Potential Outsourcing of the City’s Municipal Curbside Recycling Operations
Agenda Packet Page 39 of 153
1512 Eureka Road, Suite 220, Roseville, CA 95661 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com January 25, 2024
Ms. Yvetteh Ortiz
Public Works Director/City Engineer
City of El Cerrito
10890 San Pablo Avenue, El Cerrito, CA 94530
submitted via email: [email protected]
Subject: Analysis of Potential Outsourcing of the City’s Municipal Curbside Recycling Operations
Dear Ms. Ortiz,
R3 Consulting Group, Inc. (R3) is pleased to submit the attached Final Report of the evaluation of the potential for outsourcing the Operations + Environmental Services Division’s (Division) municipal curbside recycling collection operations to the private sector. This report summarizes the results of our analysis.
* * * * * * *
We appreciate the opportunity to be of service to the City. Should you have any questions regarding our Final Report or need any additional information – please don’t hesitate to reach out directly.

Sincerely,
Jordan Muratsuchi | Sr. Project Analyst Garth Schultz | Principal R3 Consulting Group, Inc. R3 Consulting Group, Inc.
808.284.3168 | [email protected] 510.292.0853 | [email protected] Agenda Packet Page 40 of 153

TABLE OF CONTENTS
City of El Cerrito | Analysis of Potential Outsourcing toc - i

1. Executive Summary
page 1

2. Analysis
page 4

3. Other Considerations
page 7
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1. EXECUTIVE SUMMARY
City of El Cerrito | Analysis of Potential Outsourcing 1 of 8 Background
The City has a long-standing history of providing municipal recycling collection services, including curbside collection operations and the operation of the City’s flagship drop-off Recycling Center. The City’s recycling operations have historically provided a high level of customer service, have rated extremely high in community satisfaction surveys, and consequently have been well supported by the City Council since operations began in the 1970s.

In 2021, the City of El Cerrito’s financial position was such that it needed to evaluate all possible opportunities to increase efficiency, limit risk, and reduce City costs. While the City’s recycling operations are ratepayer funded via a self-sustaining enterprise fund, the City wanted to explore whether outsourcing curbside collection operations (and not the operations of the City’s recycling drop-off center) could provide positive financial benefits and limit future financial risks.

Key Findings

1. A private hauler could earn a maximum compensation of $1.54 million per year without the City increasing IWM fees.

Should the City decide to outsource the Division’s recycling collection operations while maintaining the current IWM fee schedule, a private hauler could earn a maximum of approximately $1.54 million a year (in current dollars) which is equivalent to roughly $10.25 per month per residential account.

2. The Division’s recycling collection cost per account is significantly below the regional industry average.

The Division’s average residential recycling cost per account is over $3.00 below the surveyed average in the region. Factors such as the Division’s lower labor rates for drivers contribute to the lower collection cost per account. Private haulers pay driver wages which are significantly more than the City’s wages.

3. The Division’s recycling costs are low because recycling collection operations are shared with the drop-off Recycling Center.

Roughly 40% of IWM fees are used to fund curbside recycling operations, meaning that 60% of such fees are used to fund other IWM related programs such as the Recycling Center, trash/litter abatement, and contract management, in addition to funding administrative, professional, and supervisory positions which are shared among all operations.

The curbside recycling operations isolated expenses are $1.54 million due to having an array of additional recycling-related expenses – primarily administration, professional, and supervisory staff – that are shared with the Recycling Center. Should $1.54 million in annual compensation not be viable and enticing for a private hauler, the City could include all recycling operations – including the Recycling Center – should outsourcing be deemed an interest. However, outsourcing additional programs would likely require a reduction or reassignment of current administrative, professional, and supervisory positions. This may be impracticable given that these are specialized positions are not easily consolidated or shared with other divisions.

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Executive Summary
City of El Cerrito | Analysis of Potential Outsourcing 2 of 8

4. Interest from a Private Hauler may be limited by the maximum allowable compensation.

The Division’s curbside recycling costs are currently below the regional industry average, meaning that a private hauler would earn less revenue per account serving the City than it does in neighboring and regional communities. Although it is not completely clear what a private hauler’s minimum compensation for operating in the City would be without conducting a Request for Proposals process. The key question is whether a hauler could operate in the City for no more than approximately $1.54 million annually. While our market analysis indicates a low likelihood of the private sector being able to provide recycling collection services at this cost, it could be feasible if neighboring recycling collection operations have available recycling collection capacity.

5. Recent outsourcing successes were likely the result of very different circumstances.

Other successful outsourcing cases yielded significant financial benefits to the public agencies, without initial customer rate increase. However, this appears to have been because there was excess value in these jurisdiction’s rates above an efficient operating condition. As such, the City’s low cost per account and high efficiency make it unlikely that the City could realize the same level of financial benefits.

6. The Division can benefit from releasing a Request of Information (RFI).

Although the analysis shows that the City’s costs (which is equivalent to the revenue for a third-party contractor) are well below what private haulers realize in other communities in the region, the City could still benefit from releasing an RFI in the following ways:
》 The City could potentially receive interest from one or more haulers (e.g., EBS, Republic, Waste Management, Bay View Refuse, Ecology Center). 》 The City could obtain information, via the RFI, on current industry operations and expenses, which could be used to assist in reevaluating the level of funding the City is providing the Division for its recycling operations. This information could be used to support increased investment in the City’s recycling collection operations.

7. The El Cerrito has a unique operation.

Comparison of the City to other recycling collection operations is naturally limited by the uniqueness of the City. Very few communities either solely perform municipally provided recycling or have a sole hauler for recycling collection (with notable and local exceptions being Berkeley, Oakland, Hayward, Union City, Santa Clara, and others included in our analysis). Furthermore, we are not aware of another community that owns and operates both a collection operation and a robust recycling center.

Next Steps
Given the results of this analysis, the City has multiple options for future operations. The options for future recycling operations, shown below, include maintaining the status quo, continuing recycling operations but making additional investments, and pursuing an RFI/RFP process. The RFI process could include gauging the interest of the City’s current solid waste hauler in expanding its services to include recycling collection operations.

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Executive Summary
City of El Cerrito | Analysis of Potential Outsourcing 3 of 8 Option 1: Maintain Status Quo
This option involves changing virtually no aspect of the collection operations, continuing as planned.

Option 2: Maintain Status Quo, but Provide Additional Investments This option is similar to Option 1 in that the City’s municipal recycling operations remain structurally the same, however the City would increase its investment in recycling to continue to improve operating standards, safety, and efficiency. While the City is already performing well in these areas, there is room for the City to fund additional improvements, given the relative comparison of its costs to the marketplace.

Option 3: Release an RFI and Consider an RFP to Outsource Services In this option, the City finalizes and publicly releases an RFI to prospective haulers. Depending on the level of responses provided, the City could follow up with a Request for Proposals. After releasing an RFI, the City would either continue with the RFP process and potentially contract with a third-party hauler or continue to operate the collection operations itself—potentially with additional investments.

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2. ANALYSIS
City of El Cerrito | Analysis of Potential Outsourcing 4 of 8 Estimated Financial Impact of Outsourcing
Expenses that Would Remain with the City upon Outsourcing Working with City staff, a review was conducted to identify which of those budgeted costs would be eliminated if City’s curbside recycling operations were outsourced, and which of those costs would remain. Through that analysis, we found that if the City outsourced curbside recycling operations to the private sector, approximately 40% of the City’s budgeted expenses could be transitioned to a private operator.

Our analysis found that the City would be able to eliminate approximately $1.54 million in expenses (in current fiscal year (FY 2023-24) dollars) relating to curbside recycling operations.

Of that amount, we estimate that of those $1.54 million in expenses, approximately $970,000 would be eliminated from residential operations and $570,000 from commercial operations.

Expenses were allocated to residential and commercial operations based on factors such as number of collection drivers, number of associated customer accounts, as well as factoring in some line items which are wholly allocated to either residential or commercial services.

Our analysis above assumed that, if outsourced, the City’s staff positions that would be transitioned to a private operator would include five (5) collection drivers and one (1) waste prevention specialist. All other budgeted staff would remain and dedicate their time to the Recycling Center, contract management, compliance, and other solid waste related services.

Additionally, the Division’s budget partially funds administrative overhead. These expenses, such as HR and insurance, are captured in the operating transfer to the general fund. The Division’s budget also includes expenses for environmental services and related maintenance.

R3 did not address other divisions (e.g., Engineering, Maintenance and City Management) associated with IWM operations.

Outsourcing curbside operations would mean the City would lose approximately $15,000 in revenue from State curbside collection grants. This reduction in curbside revenue equates to an equal reduction in curbside expenditures which would be eliminated due to outsourcing. This is because the revenue would no longer be available to the City and therefore could not be used to pay a private hauler to conduct curbside collection.

Estimated Maximum Contractor Compensation under Current Rate Schedule R3 completed an analysis to estimate the theoretical maximum costs that could be incurred by a private recycling collector without raising the City’s IWM fees. Should the City’s IWM fees remain the same, a private contractor’s maximum compensation would be equal to the amount of expenses that are eliminated from the City’s budget as a result of outsourcing (assuming that IWM fees and total revenue continue to align with expenses). This means that the total maximum annual compensation a private contractor could realize under this scenario (not increasing IWM fees as a result of outsourcing) would be approximately $1.54 million in current FY 2023-24 dollars.

Using the tentative expenses that would be eliminated under the outsourcing scenario discussed above, R3 calculated the annual and monthly maximum compensation that a private contractor could realize under the City’s current rate schedule, resulting in an average of $15.15 per month per overall account, or $10.25 per month per residential account and $83.25 per month per commercial account. We assumed a total of 8,470 recycling accounts, of which 7,900 Agenda Packet Page 45 of 153
Analysis
City of El Cerrito | Analysis of Potential Outsourcing 5 of 8 are residential and 570 are commercial. Table 1 shows the results in current FY 2023-24 dollars. Please note that the amounts per account are representative and not for IWM fee calculation purposes and are rounded to the nearest five cents.

Table 1: Maximum Contractor Compensation, Under Current Rate Schedule.

Based on City Expenses Eliminated by Outsourcing
Net Financial Impact of Outsourcing Total Residential Commercial Expenses Eliminated by City / Maximum Expenses Incurred by a Private Contractor $ 1,540,000 $ 970,000 $ 570,000 Estimated Number of Recycling Accounts 8,470 7,900 570
Maximum Monthly Contractor Compensation (per Account) $ 15.15 $ 10.25 $ 83.25 Comparison of Monthly Recycling Fees with other Communities As noted above, the residential cost per account for the City is calculated to be approximately $10.25 in FY 2023-24 dollars and which is low in comparison to other communities for which the costs of curbside recycling are known by R3. The comparison communities included Berkeley (almost $14 per resident per month), Oakland (around $14 per resident per month), San Jose (nearly $15 per resident per month), and Union City (almost $16 per resident per month). As such, the City’s cost per account is significantly below market cost for private operations in the region. Based on this information, we estimate that the City would pay approximately 30% more for recycling collection service provided by private operators (including their profit).

While the evidence is conclusive that the City’s curbside recycling costs are low, this comparison analysis, like all rate analyses, is not a perfect "apples to apples” comparison as there are many other factors that affect costs such as location, demographics and economics, additional services offered, and differences in wages.

In 2021 (the last year for which such information was available as the time of this writing), R3 surveyed union recycling driver wages in the East Bay and found that the City’s labor rates for collection drivers were over $7 per hour (20%) lower than the rates of EBS and the City of Berkeley. These rates are assumed to be commensurate with the City’s benefits included – however, benefits provided to others were not available for comparison. Labor is one of the largest expenses in any solid waste collection operation, and as such the City’s low recycling cost per account is affected by these low labor rates.

Additionally, the City’s curbside collection operations account for approximately 40% of the IWM budget, meaning that roughly 60% of Integrated Waste Management (IWM) fees are used to fund non-collection functions. There is no material comparison available (to R3’s knowledge) for an enterprise that includes both curbside collection and operation of such a unique municipal recycling center and as such, this analysis is limited accordingly.

Assumptions and Limitations
The assumptions made while conducting this analysis include and are not limited to:

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Analysis
City of El Cerrito | Analysis of Potential Outsourcing 6 of 8 》 The only City staff that would be reassigned upon outsourcing are five (5) drivers and one (1) waste prevention specialist.
》 The City currently has 7,900 residential customers and 570 commercial customers that are required to subscribe to recycling collection. This figure is expected to grow with the San Pablo corridor development.

Additionally, costs for SB 1383 were not estimated and are not included in this analysis. SB 1383, effective January 1, 2022, require additional services that the City must account for, including but not limited to contamination monitoring, inspection and enforcement, and reporting. Those associated costs for SB 1383 specific services have not been specifically factored into the analysis above, as it is expected that the positions remaining upon outsourcing would take on ongoing SB 1383 related responsibilities with the City.

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3. OTHER CONSIDERATIONS
City of El Cerrito | Analysis of Potential Outsourcing 7 of 8 After analyzing the City’s curbside recycling operations, R3 identified considerations that could provide advantages for both retaining the City’s operations as well as outsourcing to a private contractor using the following criteria directly relevant to the City’s operations:

Impact on customer rates
– If curbside recycling operations are outsourced, a private hauler in the neighboring area may be able to realize new efficiencies by expanding into a neighboring area.

This is speculative at this phase and would depend on a regional hauler being able to gain routing efficiency but could potentially help keep customer rates at the current level.
– Per the financial analysis in this report, it is unlikely that the City’s customers would obtain a reduction in rates, and furthermore there is limited possibility of retaining the current rates upon outsourcing due to the City’s current low-cost collection operation.

Impact on customer service
– Private haulers, especially the larger competitors, tend to have high-quality customer service with requirements and performance benchmarks explicitly stated in a franchise agreement, and with corresponding liquidated damages for unsatisfactory performance. The City can fully control customer service requirements and standards through a franchise agreement.
– The City currently has an effective and well-managed customer service operation that residents and businesses are familiar with and changing customer service providers may take time for customers to become accustomed to.

Integration with garbage and green waste collection
– The City can require a private hauler (via a franchise agreement) to collaborate with EBS on operations and can possibly include liquidated damages in their contract for failure to do so. This option would reduce the amount of responsibility for City staff, allowing them to provide additional focus elsewhere.
– The City currently has full control directly collaborating with EBS on garbage and green waste collection at their discretion.

Integration with drop-off recycling
– The City can require a private hauler (via a franchise agreement) to collaborate with drop-off recycling and Recycling Center operations and can possibly include liquidated damages in their contract for failure to do so.
– The City currently has direct control over both curbside and recycling center operations and can integrate both operations efficiently. It is unknown if collaborating with another party can produce the same efficiency as current where decision making staff are under one chain of command for both operations and collaborate and alternate between the Recycling Center and curbside operations as needed.

Impact on the City’s waste reduction, recycling, and climate action goals – The City can require a private hauler (via a franchise agreement) to collaborate and perform services that are in alignment with the City’s overall goals for waste reduction, recycling, and climate action, which could potentially support the work of the IWM staff.

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Other Considerations
City of El Cerrito | Analysis of Potential Outsourcing 8 of 8 – The City currently has direct control over all of its recycling operations and can make decisions and implement programs and practices to support the City’s goals, including indirect control through contractual agreements for how to handle post-collection operations.

Impact on City employees
– The City can require a private hauler to offer employment to the City’s displaced employees.
– Should curbside recycling operations be outsourced, the City would expect to eliminate six positions in total. This will create hardship for those impacted employees. It will also create an impact on the remaining operations staff who will experience a loss and reduction of force.

Impact and community values
– The City’s recycling operation, both curbside and drop-off, is highly valued in the community and has a rich history dating back to 1972. The community will likely be very sensitive to outsourcing operations and great care will need to be taken to guarantee that any new hauler can match, if not exceed, the level of service provided by the City.

Impact on the City’s ability to respond to technological, regulatory, and economic changes
– Private haulers have access to private capital and investment allowing them to pilot new technologies and implement advancements in collection vehicles. Private haulers can have economies of scale to be resilient and responsive in a changing environment.
- The City has a supportive community that tasks it with always doing better. The City has been able to meet and exceed regulatory requirements. The City does have limitations on the funding side but has been successful in managing the IWM Fund to effectively support its recycling operations.

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AGENDA BILL
Agenda Item No. 9.A.

Date: February 6, 2024
To: El Cerrito City Council
From: Shannon Bassi, Senior Human Resource Analyst, City Management Subject: Adoption of a Resolution Approving a Side Letter of Agreement Between the City of El Cerrito and the Service Employees International Union (SEIU) Local 1021

ACTION PROPOSED
Adopt a resolution approving a side letter to the Memorandum of Understanding between the City of El Cerrito and the Service Employees International Union (SEIU) Local 1021 to modify language on salaries and provide a four (4) month extension to April 30, 2024.

BACKGROUND/ANALYSIS
SEIU Local 1021 is recognized as the majority bargaining unit for full-time and part-time represented general employees. On May 19, 2020, the City Council approved a twoyear agreement with SEIU Local 1021 through Resolution 2020-25 by modifying salaries and creating a Memorandum of Understanding (MOU) effective July 1, 2020 through June 30, 2022. Subsequently, on July 19, 2022, the City Council approved an eighteen-month extension agreement with SEIU Local 1021 through Resolution 2022- 60, extending the agreement through December 31, 2023.

The following is a summary of the tentative agreement with SEIU Local 1021:
• The agreement will be effective from January 1, 2024, through April 30, 2024 (4 months).
• Effective the first full pay period of January 2024, the City will increase the salary or wage range for all represented classifications by 4%.

The City would like to thank SEIU Local 1021 for the leadership and patience they have shown while the City's Classification and Compensation Study has been underway. The City looks forward to continuing the strong collaborative relationship with SEIU Local 1021.

STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal(s) of:
• High Performing Organization by ensuring the City maintains a strong financial position and a high-performing organization where employees feel a sense of inclusion and belonging.

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Agenda Item No. 9.A.

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

FINANCIAL CONSIDERATIONS
The estimated total cost of a 4% increase for SEIU Local 1021, effective first pay period in January 2024, is $76,484.

LEGAL CONSIDERATIONS
Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution

2. Exhibit A to Resolution
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RESOLUTION 2024-XX

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

LETTER TO THE EXISTING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU), LOCAL 1021 TO MODIFY LANGUAGE ON SALARIES FROM JANUARY 1, 2024, THROUGH APRIL 30, 2024 WHEREAS, the Meyers-Milias-Brown Act allows employee units within the City to represent themselves on matters concerning salaries, hours and working conditions; and
WHEREAS, the Employer-Employee Relations Ordinance of the City of El Cerrito provides the methods and procedures for meeting and conferring in good faith; and WHEREAS, the Service Employees International Union (SEIU), Local 1021 is recognized as the majority bargaining unit for full-time and part-time represented general employees; and
WHEREAS, representatives of the City of El Cerrito and the Service Employees International Union (SEIU), have met and conferred in good faith; and WHEREAS, the City of El Cerrito and the Service Employees International Union, Local 1021 representatives have reached agreement regarding matters within the scope of representation, including wages.

NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby adopt the Tentative Agreement, attached hereto as Exhibit A, between the City of El Cerrito and Service Employees International Union (SEIU), Local 1021 effective January 1, 2024, through April 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 February 6, 2024, 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:
________________________
Tessa Rudnick, Mayor
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DocuSign Envelope ID: 63DA4198-4513-45DE-B5E5-797986237A5E 1/30/2024
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1/30/2024
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AGENDA BILL
Agenda Item No. 9.B.

Date: February 6, 2024
To: El Cerrito City Council
From: Stephen Prée, Environmental Programs Manager/City Arborist; 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: Agreement with Rubicon Landscape Corporation for Landscape Maintenance Services

ACTION PROPOSED
Adopt a resolution authorizing the City Manager to execute an agreement with Rubicon Landscape Corporation in an amount not to exceed $128,554 and $316,660 in Fiscal Years (FY) 2023-24 and 2024-25 respectively, to provide Landscape Maintenance Services effective March 1, 2024, for a period of three years with an option to annually extend three years thereafter; and amending the FY 2023-24 Adopted Budget to appropriate $86,078 from the General Fund Unrestricted Balance for services in FY 2023-24.

BACKGROUND
Recently, the City of El Cerrito has had contracts for Landscape Maintenance Services with three companies that each focus on providing services at different types of City facilities. BrightView Landscaping Services maintains City streetscapes, medians, traffic islands, rain gardens and some of the City’s building grounds; New Image Landscape Company maintained the Ohlone Greenway (until December 1, 2023); and Rubicon Landscape Corporation maintains the City’s parks and athletic fields. The City has previously entered into agreements for these services with multiple companies in order to achieve the best value for the City, in terms of selecting the company that was most well suited to provide a specific type of landscape maintenance service at a competitive cost.

While the contract for maintaining the parks and athletic fields was awarded to Rubicon in June 2022 (Resolution 2022-43), the City last issued a competitive Request for Proposals (RFP) for streetscapes, medians, traffic islands, rain gardens, building grounds, and the Ohlone Greenway in 2018. At that time, the City entered into an agreement with BrightView (formally Coast Landscape Management) for the City streetscapes, medians, traffic islands, rain gardens, and some of the City’s building grounds, and to New Image for the Ohlone Greenway (Resolution 2018-64). The term of the New Image agreement expired on December 1, 2023, and staff negotiated with BrightView to continue the services to provide the City with sufficient time to conduct an RFP process. The BrightView agreement will expire on February 29, 2024.

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Agenda Item No. 9.B.

With the term of the BrightView contract expiring, and to ensure the City continues to receive the best value for Landscape Maintenance Services, on November 28, 2023 the Public Works Department released an RFP for qualified licensed landscape companies to provide landscape maintenance services for the City’s streetscapes, medians, traffic islands, rain gardens, other building grounds, and the Ohlone Greenway. The sites are divided into two separate bundles and proposers were given the option to submit proposals for one or both bundles. The landscape maintenance bundles included in the RFP are:

1. Bundle 1 - Streetscapes, Medians, Traffic Islands, Rain Gardens, and City Building Grounds – Approximately 22.41 acres of landscapes and streetscapes consisting of sidewalks, small plazas, trees, shrubs, and ground covers, and rain gardens. This bundle contains 20 sites and is divided into Type 1 and Type 2 facilities. Type 1 facilities require twice-weekly care; Type 2 facilities need weekly, bi-monthly, or monthly care.

2. Bundle 2 - Ohlone Greenway – 2.6 linear miles (approximately 19.96 acres) consists primarily of a heavily used pedestrian and bicycle path and linear park lined by a combination of naturalized fields of “no-mow” fescue, wildflowers, and shrubs, punctuated by small formal play spaces, small plazas, creek crossings, and areas of sensitive habitat.

A list of facilities and the required service levels for each is included in the Technical Specifications (Attachment 2). These Technical Specifications comprise the scope of work for the contractor.

The RFP was posted to the City’s website on November 28, 2023 and published in the West County Times on November 30, 2023. A notice inviting proposals was also emailed directly to 22 landscape maintenance companies. The RFP requested proposals for services for an initial agreement term of three years, with three possible annual extensions. One addendum was issued in response to questions received from interested companies.

ANALYSIS
The City received six proposals by the due date of December 21, 2023. The RFP requested an annual cost proposal for one or both bundles. The cost proposals are listed below.

Cost
Items
Rubicon
Landscape
Corporation
BrightView
Landscape
Services Inc.

New
Image
Landscape
Company
Banksia
Landscape
Prado’s
Landscaping
Inc.

SkyLandscape
Bundle 1 $228,471 $166,560 $180,730 $207,273 $1,046,320 $126,900 Bundle 2 $193,743 $138,600 $120,435 $145,145 $398,600 $111,800 TOTAL $422,214 $305,160 $301,165 $352,418 $1,444,920 $238,700 Agenda Packet Page 55 of 153
Agenda Item No. 9.B.

In summary, the City received responsive proposals with an annual cost for both bundles ranging from $238,700 from SkyLandscape to $1,444,920 from Prado’s Landscaping, Inc. Following receipt of the proposals, a committee comprised of staff from the Public Works Department evaluated the proposals based on the following criteria: demonstrated experience in municipal landscape maintenance services, experience of key personnel, required licensing and certifications, and cost competitiveness. Based on the proposal evaluation, Rubicon, BrightView, and New Image were invited to an interview to better understand each proposal, the company’s staffing levels, and their cost.

After evaluating the proposals, completing interviews, and reviewing the City’s experience working with all three companies, Rubicon emerged as the company that best fits the needs of the City for both bundles. However, their costs were higher than the other two companies, mostly because they had included more staff hours to improve upon the current level of maintenance and appearance of the landscaping. After meeting with the Rubicon team to discuss the scope in more detail, Rubicon adjusted their staffing and revised their proposal to an annual cost of $316,660 to maintain the landscaping service level at status quo with a one-time cost of $23,000 in FY 2023-24 to evaluate, replace, and repair any non-functional irrigation in the two bundled areas.

Although the negotiated amount is 25% less than the original proposal, it is higher than current budgeted amount for maintaining these two areas. Staff identified the following conditions impacting the increased cost:

1. Labor costs have increased since 2018 when the City last released an RFP for these services and the contracts did not provide for annual Consumer Price Index (CPI) increases.

2. There is an additional 1.14 acres added to the scope for maintaining the Ohlone Greenway next to the El Cerrito Del Norte and Plaza Bart Station areas.

3. There is extra cost for companies as they transition their landscape equipment to electric, since AB 1346 prohibits the sale of new gas-powered landscape equipment.

4. For improved efficiency, the scope of work includes supplying irrigation parts, turf seed, fertilizer, and heavy-duty waste can liners, at agreed upon mark-up, as part of the contract instead of being City-supplied.

The proposed landscape service cost is based on a competitive procurement process and the other two proposals were similar in cost, indicating that this price is within the current market rate.

Rubicon is cost competitive and they know the City well as they are the current landscape services company for parks. Rubicon has proven to provide reliable service levels and be very responsive to City needs, which is key given areas that are highly used and valued by the community along the Ohlone Greenway and San Pablo Avenue. With their main office in Richmond, they have been able to quickly respond to any service issues or requests and mobilize for special projects at affordable prices. During interviews, City staff highly Agenda Packet Page 56 of 153
Agenda Item No. 9.B.
ranked Rubicon’s knowledge of the City’s facilities, their environmental training, available resources, and their commitment to serving the City of El Cerrito. Rubicon holds major federal and municipal maintenance contracts, including the City of San Francisco, Veterans Affairs, and the US Coast Guard. Rubicon’s experience covers all the different facets of landscaping, which includes installation and maintenance of various landscaping and irrigation systems.

In addition, Rubicon Landscape Corporation is an enterprise program of Rubicon Programs, Inc. whose mission is to provide job training and placement, financial education, behavioral health, legal services, and other supportive services to the low-income community of the East Bay to break the cycle of poverty. All net income proceeds from Rubicon Landscape are transferred to Rubicon Programs. Rubicon stated that these trained workers from the program can serve as staff for their maintenance contracts.

Based on the RFP process, City staff recommends that the City Council approve an agreement with Rubicon Landscape Corporation to
provide Landscape Maintenance Services for the City’s streetscapes, medians, traffic islands, rain garden, other building grounds, and the Ohlone Greenway (Bundle 1 and Bundle 2), effective March 1, 2024 for a period of three years, with an option to annually extend three years thereafter, for a cost not to exceed $128,554 for the remainder of FY 2023-24 and $316,660 in FY 2024-25. For the third year of the initial term and each extension, the contract amount is adjustable consistent with the CPI for the San FranciscoOakland-Hayward region a maximum of one time annually starting July 1, 2025 and each July 1 thereafter, if the City extends the contract. Staff also requests a budget amendment for FY 2023-24 in the amount of $86,078 from the General Fund Unrestricted Fund Balance to provide sufficient budget for the remainder of the fiscal year.

STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal(s) of:
• Livability and Belonging by maintaining the City’s parks; and • Infrastructure and Amenities by addressing ongoing and deferred maintenance of City’s landscaped areas; and
• Environmental Sustainability by implementing ReScape (formerly Bay Friendly) landscape maintenance practices, the City’s Integrated Pest Management Policy, and a transition to electric-powered landscape equipment.

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

FINANCIAL CONSIDERATIONS
The proposed agreement with Rubicon Landscape Corporation is for a cost not to exceed $128,554 for the remainder of FY 2023-24 and $316,660 in FY 2024-25.

Thereafter, the amount may be annually adjusted consistent with the regional CPI. The Agenda Packet Page 57 of 153
Agenda Item No. 9.B.
annual amount currently included in the FY 2023-24 Adopted Budget for Landscape Maintenance Services, which are the subject of the RFP, is $199,929, of which $157,453 will have been expended by the end of February 2024.

If the agreement with Rubicon is approved by the City Council, City staff requests that the City Council also amend the FY 2023-24 Adopted Budget to appropriate $86,078 from the General Fund Unrestricted Fund Balance to provide sufficient budget for the remainder of the fiscal year. Table 1 below summarizes the existing budget and the additional funds needed through the end of FY 2023-24. For FY 2024-25, the annual increase in cost would be $116,731. City staff plan to request this amount as part of the upcoming biennial budget process.

Table 1: Landscape Services Budget in FY 2023-24
FY 2023-24
Adopted
Budget
Funds
Expended by
End of
February
Remaining
Budget
Proposed
Contract Cost
March-June
Difference
Between
Remaining Budget
and Proposed
Contract
$199,929 $157,453 $42,476 $128,554 $86,078

LEGAL CONSIDERATIONS
The City Attorney has reviewed the proposed action and found that legal considerations have been addressed. The proposed agreement will conform to the City’s standard agreement as approved to form by the City Attorney.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution

2. Technical Specifications
Agenda Packet Page 58 of 153
RESOLUTION 2024 - XX

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

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH RUBICON LANDSCAPE CORPORATION IN AN AMOUNT NOT TO EXCEED $128,554 AND $316,660 FOR FISCAL YEARS 2023-24 AND 2024-25 RESPECTIVELY, TO PROVIDE LANDSCAPE MAINTENANCE SERVICES EFFECTIVE MARCH 1, 2024,

FOR A PERIOD OF THREE YEARS WITH AN OPTION TO ANNUALLY EXTEND THREE YEARS THEREAFTER; AND AMENDING THE FISCAL YEAR 2023-24 ADOPTED BUDGET TO APPROPRIATE $86,078 FROM THE GENERAL FUND UNRESTRICTED BLANACE FOR SERVICES IN FISCAL YEAR 20223-24 WHEREAS, the City of El Cerrito (City) is responsible for maintaining its streetscapes, medians, traffic islands, rain gardens, building grounds and the Ohlone Greenway; and
WHEREAS, on November 28, 2023, the City issued a Request for Proposals (RFP) for Landscape Maintenance Services, which was posted to the City’s website, published in the West County Times, and directly provided to twenty-two qualified landscape maintenance companies; and
WHEREAS, the RFP separated the landscape maintenance services into Bundle 1 (Streetscapes, medians, traffic islands, rain gardens, and City building grounds) and Bundle 2 (Ohlone Greenway), and invited proposers to propose on one or two bundles; and
WHEREAS, the City received six proposals by the December 21, 2023 due date; and
WHEREAS, upon consideration of competitive pricing, performance of similar work, and the landscape experience, licensing and certification of key personnel, the selection committee determined that the proposal received from Rubicon Landscape Corporation (Rubicon) best fits the needs of the City and provides the best value for both bundles; and
WHEREAS, the cost for Rubicon to provide Landscape Maintenance Services for Bundles 1 and 2 in Fiscal Year (FY) 2023-24 and FY 2024-24 is $128,554 and $316,660 respectively; and
WHEREAS, an additional $86,078 is needed for the services to be performed under this agreement through the end of the fiscal year.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito authorizes the City Manager to execute an agreement with Rubicon Landscape Agenda Packet Page 59 of 153
Corporation in an amount not to exceed $128,554 and $316,660 in FY 2023-24 and FY 2024-25 respectively, to perform landscape maintenance services for three years with an option to annually extend the agreement for an additional three years thereafter, contingent upon funding being appropriated by the City Council in future City budgets; and amending the FY 2023-24 Adopted Budget to appropriate $86,078 from the General Fund Unrestricted Balance for services in FY 2023-24.

BE IT FURTHER RESOLVED, the cost for services provided by Rubicon Landscape Corporation under the agreement may be adjusted consistent with the Consumer Price Index for the San Francisco-Oakland-Hayward region, a maximum of one time annually starting July 1, 2025, for the third year of the initial term and each July 1 thereafter for any extension, if the City extends the agreement.

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

I CERTIFY that at a regular meeting on February 6, 2024, 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:
________________________
Tessa Rudnick, Mayor
Agenda Packet Page 60 of 153
City of El Cerrito  Landscape Maintenance RFP Due December 21, 2023 City of El Cerrito | Public Works Department | 510-215-4369 Page 23 of 48 ATTACHMENT 2

TECHNICAL SPECIFICATIONS
I. GENERAL REQUIREMENTS
A. Landscape Maintenance
Contractor shall provide the highest quality of landscape maintenance services. The Contractor agrees to provide the highest quality commercially accepted methods, procedures and controls for landscape maintenance consistent with the City’s Integrated Pest Management (IPM) policy, ReScape (formerly Bay-Friendly) landscape maintenance practices, and information in standard landscape industry references. This shall include the use of proper knowledge, skills, materials and equipment of a timely basis to maintain all areas in a clean, safe, healthy, and aesthetically acceptable manner during the entire term of this contract. The Contractor shall furnish landscape maintenance services by qualified landscape horticulturists, site managers and landscape maintenance crews to provide a maintenance program according to this Specification. It will be the responsibility of the Contractor to provide all equipment, materials, and labor as necessary to perform the work described in these documents in a safe, efficient and legal manner. The City shall provide certain materials as listed in this Specification, Section II.B. “Materials Provided by City.” Contractor will be responsible for all other materials.

The Contractor for this Agreement shall provide the City with a landscape maintenance program at the frequencies called for in this RFP, Section II.E. “City Facilities and Service Levels.” The maintenance program is not limited to specifying daily, weekly and monthly landscape maintenance task schedules covering all areas of responsibility specified in this agreement. The maintenance program will be submitted and agreed upon within 30 calendar days following award of this contract. This program and any changes, deletions, or additions therein, if approved by the City, shall become part of this agreement and shall be used by both the Contractor and the City of El Cerrito for performance monitoring of Contractor obligations.

Full compensation for conforming to the requirements of this Specification shall be considered as included in the contract prices paid for the various items of work and no separate payment may be made thereof.

Special projects may require a City approved traffic control plan. Special projects on San Pablo Ave. may require a Caltrans encroachment permit and an approved traffic control plan.

B. Management Philosophy
The Contractor shall take a pro-active approach in correcting problems within the Contractors’ span of responsibility and control. Other problems and suggestions for improvements, both short and long term, must be submitted promptly to the City for appropriate action.

C. Public Image and Etiquette
Contractor employees shall wear company uniforms, which consist of long pants and shirts with company name and individual’s name on the shirt. When needed, the Contractor’s staff will utilize rain Agenda Packet Page 61 of 153
City of El Cerrito  Landscape Maintenance RFP Due December 21, 2023 City of El Cerrito | Public Works Department | 510-215-4369 Page 24 of 48 gear, rain boots, safety shoes, and other high visibility protective equipment. All contracted employees while on the site shall exhibit a clean, neat professional appearance. Contractor’s equipment and vehicles shall also be professional in appearance, exhibit the company name and phone number, and be well maintained for safe operation.

D. Hours of Operation
The Contractor shall conform operations to the hours between 7:00 AM and 5:00 PM, during the life of the contract. The Contractor shall conform his operations to the hours of 9:00 a.m. to 3:00 p.m. to medians and roadside strips. The use of power equipment or other work close to residential areas that results in noises shall not be permitted before 7:00 AM. Any exception shall only be authorized with prior approval of the City Representative.

E. Red Flag Days
Contractor shall check for Red Flag Warnings by monitoring alerts and webpages from Cal Fire including: https://www.fire.ca.gov/programs/communications/red-flag-warnings-fire-weather-watches/.

On days where a Red Flag Warning is declared in the East Bay Hills, no “Hot Work” shall be allowed as follows, where “Hot work” is defined as any work that involves burning, welding, metal-cutting, paving, using fire- or spark-producing tools, gas-powered equipment, open flames or other work that produces a source of ignition:
a. On Red Flag Days, inside areas of the
City that are labelled as Very High Fire
Hazard Severity Zones (VHFHSZ), as
shown in the red areas of the map:
a) No hot work or other activities that
could cause a fire in the VHFHSZ are
allowed.
b) Mowing irrigated fields using
equipment with spark arrestors is
acceptable before 10 AM.
b. On Red Flag Days, outside VHFHSZ
areas:
a) All work including hot work is
acceptable except if special conditions
exist, such as humidity in low digits, high
winds or high temperatures. In these
cases, Contractor shall consult with City
Representative.

The map pictured here displays the City
boundaries with the area colored red denoting Very High Fire Hazard Severity Zones, more information on the VHFHSZ boundaries can be found at https://egis.fire.ca.gov/FHSZ/.

F. Repairs and Corrective Actions
Agenda Packet Page 62 of 153
City of El Cerrito  Landscape Maintenance RFP Due December 21, 2023 City of El Cerrito | Public Works Department | 510-215-4369 Page 25 of 48 The Contractor agrees to be continuously alert in locating and defining problems and agrees to exercise prompt and proper corrective action. Action items will be prioritized, and low priority items will be given a timeline for corrections. Contractor shall communicate to the City Representative any landscape and non-landscape related hazards encountered while on site. Work requests related to citizen requests or reported hazards to Contractor that require scheduling with the City’s Representative will be prioritized dependent on each request. Immediate response may be necessary.

Any private property or City property damaged or altered in any way during the performance of the work under this contract shall be reported promptly to the City's representative and shall be rectified in an approved manner back to its former condition, prior to damage, at the Contractor's expense.

Any hazardous conditions noted, or seen, by the Contractor that has occurred by any means other than during the performance of the Contractor's work, whether by vandalism or any other means, shall be promptly reported to the City’s Representative. The Contractor is responsible for securing any immediate hazards with caution tape, safety cones, or barricades until a City Representative arrives to the location.

G. Safety
Contractor agrees to perform all work outlined in the Agreement in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all City, County, State or other legal requirements including, but not limited to, full compliance with the terms of the applicable O.S.H.A. and CAL E.P.A. Safety Orders at all times so as to protect all persons, including contractor employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property.

Contractor shall cooperate fully with City in the investigation of any accident, injury or death occurring on city property, including a complete written report thereof to the City Representative within twentyfour (24) hours following the occurrence.

Contractor shall carry portable fire extinguishers.

H. Traffic
a. Maintaining Traffic - If traffic is to be detoured over a centerline, detour plans must be submitted and approved by the City prior to starting work. Police, Fire, and the Public Works Department shall be notified at least 24 hours in advance of any work which will interfere with the normal flow of vehicular or pedestrian traffic. If lane closures or traffic modifications are needed, Contractor shall, as applicable, apply for and obtain an encroachment permit from the City.

It shall be the Contractor's responsibility to post, and remove after work is complete, no parking signs as required to perform work. Temporary "No Parking" signs and barricades can be provided by the City for pickup at the City Corporation Yard. Arrangements for signs and barricades can be made by verbal or written request to the City Representative five working days in advance of the need for signs and barricades.

Agenda Packet Page 63 of 153
City of El Cerrito  Landscape Maintenance RFP Due December 21, 2023 City of El Cerrito | Public Works Department | 510-215-4369 Page 26 of 48 Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the City Representative public traffic will be better served and the work expedited.

Such deviation shall not be adopted until the City Representative has indicated his written approval.

Full compensation for conforming to the requirements of this Section shall be considered as included in the contract prices paid for the various items of work and no separate payment may be made thereof. b. Traffic Controls for Lane Closure - If a lane closure is necessary in order to do the work, it shall be in accordance with the State of California Standard Specifications Section 12, "Construction Area Traffic Control Devices" and the provisions specified herein. The provisions in this Section will not relieve the Contractor from his responsibility to provide such measures as may be necessary to ensure public safety. Contractor at his own expense shall ensure proper signage, as approved by the City Representative, during lane closures.

If any component in the traffic control system is damaged, displaced or ceases to operate or function as specified, from any cause during the progress of the work, the contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. Lane closures may be made for work periods only. At the end of each work period, all components of the traffic control system shall be removed from the traveled way, shoulder, sidewalk, pathway and parking lanes. If the Contractor so elects, said components may be stored at selected central locations approved by the City Representative within the limits of the City right-of-way.

I. Adjacent Properties
Adjacent City and private property and improvements shall be protected from damage and intrusion at all times during the execution of the work embraced herein. Any damage to adjacent properties shall be repaired or replaced by the Contractor at his/her expense and no payment will be allowed thereof.

Work shall be carried out in a manner to avoid all conflicts with operations on adjacent properties and access to adjacent properties.

J. Differing Site Conditions
During the progress of the work, if latent physical conditions are encountered at the site differing materially from those indicated in the contract, or if unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract are encountered at the site, the party discovering such conditions shall promptly notify the City in writing of such specific differing conditions before they are disturbed and before the affected work is performed.

Upon notification, the City Representative will investigate the conditions, and if the City Representative determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of the work under the contract, an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly. The City Representative will notify the Contractor of his/her determination whether or not an adjustment of the Agenda Packet Page 64 of 153
City of El Cerrito  Landscape Maintenance RFP Due December 21, 2023 City of El Cerrito | Public Works Department | 510-215-4369 Page 27 of 48 contract is warranted. No contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has requested such in writing. No contract adjustment will be allowed under provisions specified in this section for any effects on unchanged work.

K. City Noise Ordinance
The Contractor and any subcontractor shall at all times conform their operations with the requirement of the City Of El Cerrito’s Noise Ordinance (ECMC, Chapter 19.21.050 Performance Standards).

L. Monthly Progress Reports
The Contractor shall provide monthly progress reports either verbally to the City Representative or as written documents associated with the monthly invoices. These reports are to include the following information:
a. Areas recommended for attention encountered during the month. b. Monthly application reports for all materials applied by site. This will include location, application date, materials, amount of material applied, etc.

M. Payment and Inspection
Payment will be made for work satisfactorily completed as called for in this contract. The City's Representative shall inspect and notify the Contractor of any unsatisfactory work. Unsatisfactory work shall be corrected within 24 hours. Contractor or Contractor's representative shall meet with a representative from the City at least once a month during the life of this contract to inspect Work performed.

Full compensation for conforming to the work of these specifications shall be considered as included in the contract unit prices, or the proposed hourly rates and material markup, and no further payment may be made thereof.

The contract unit prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in completing the work as specified herein, and as directed by the City.

Contractor shall invoice City on a monthly basis in a form approved by the City Representative.

Invoicing shall include a detail of costs for work performed during the payment period, a summary of current invoice amounts, previous payments, and total payments to date.

N. Adjustment in Scope or Quantity of Work
The City reserves the right to increase or decrease quantities of work included by the Technical Specification or to delete entire proposal items from the proposal schedule, either before execution of the agreement or during the agreement term. If related services are desired by City which are not covered by the Technical Specifications or by the hourly rate schedule, the fee shall be negotiated and a written work order issued accordingly by the City. Contractor shall not be entitled to compensation for additional services unless a prior written work order has been executed describing the work and specifying the compensation thereof.

O. Hourly Rates for Work Not Included in Technical Specifications Agenda Packet Page 65 of 153
City of El Cerrito  Landscape Maintenance RFP Due December 21, 2023 City of El Cerrito | Public Works Department | 510-215-4369 Page 28 of 48 During the agreement term, City may request Contractor to perform work not listed in the Technical Specifications. The Contractor offers the specified labor categories at the indicated hourly rate for these additional services. Hourly rates shall include all direct and indirect costs. For labor not listed below which is needed to perform additional work, the hourly rate shall be agreed upon between the City and Contractor before additional services are performed.

II. SPECIFIC REQUIREMENTS
A. Equipment and Labor
It will be the responsibility of the Contractor to provide all equipment and labor as necessary to perform the work described in these documents in a safe, efficient, aesthetically pleasing, and legal manner. The Contractor shall at all times furnish and maintain sufficient equipment as necessary to perform the work of this contract. Such equipment shall be subject to the inspection and approval of the City's Representative. If the contractor is unable to consistently provide the necessary equipment to perform the work, it may be considered a breach of this contract.
a. Materials Provided by the City
The City shall provide the following materials. All labor costs in regards to, but not limited to, transporting, spreading, and maintaining these materials to and in the field shall be covered by the Contractor.
 Water is to be furnished by the City.
 Compost is to be furnished by the City for purposes of being applied in planter beds and around shrubs or in tree wells, as requested by City Representative.  Mulch is to be furnished by the City for purposes of being applied in planter beds, around shrubs, and as a ground cover as appropriate.
 Sand is to be furnished by the City for purposes of replenishing playground sand areas. b. Materials Provided by Contractor
The Contractor shall provide the following materials as necessary. A mark-up to the cost of all materials provided by the contractor may be added but shall not exceed the amount proposed in the Cost Proposal associated with this RFP.
 Irrigation Parts to be used as part of this agreement shall be consistent with the make and model of the existing system components unless otherwise specified by the City Representative. Component variations shall be submitted to the City for review and approval prior to use.
 Turf Seed intended to be used as part of this agreement is to be submitted electronically to the City representative for approval prior to purchase and application.  Fertilizers intended to be used as part of this agreement are to be submitted electronically to the City representative for approval prior to purchase and application.  Heavy-duty waste can liners are to be furnished by the Contractor for purposes of trash and recycling can management. Recycling shall be collected in clear plastic bags and deposited in designated mixed recycling containers at the City’s recycling center.

Agenda Packet Page 66 of 153
City of El Cerrito  Landscape Maintenance RFP Due December 21, 2023 City of El Cerrito | Public Works Department | 510-215-4369 Page 29 of 48  Pesticides - No pesticide shall be applied without prior approval of the City Integrated Pest Management (IPM) Coordinator. Pesticide use must comply with the City’s IPM Policy (Attachment 3), which specifies the use of reduced risk pesticides only after City thresholds have been crossed and alternative strategies exhausted. All pesticides shall bear the manufacturer’s label and be registered with the California EPA. The Contractor shall provide and carry the product label and Safety Data Sheets for all chemicals in use. In certain areas, the City may require pesticide application posting 24 hours in advance, and to remain 72 hours after application. The Contractor shall provide the City with copies of all required permits, written recommendations, application records and employee training documentation with respect to any application of herbicide, or insecticide, or any other restricted or regulated pest control material as required by the State of California and/or Contra Costa County Agricultural Commissioner's office.

Use of most rodenticides is strictly prohibited by the City of El Cerrito. Currently, the City has a moratorium on the use of products containing Glyphosate. The City may request that Contractor provide a written recommendation from a California Department of Pesticide Regulations Pest Control Advisor regarding the use of any pesticide.
 Plant Material shall be of the highest quality, displaying a healthy appearance and of a size relevant to their container size and the landscape application and conform to industry standards. The Contractor must schedule an inspection with the City’s Representative to inspect and approve all plant materials including nursery receipts prior to planting.  Miscellaneous Materials - Other materials, including but not limited to decomposed granite, wood, utility boxes, metal edging, etc. that are needed on an ad hoc basis in order to perform repairs shall be provided by the Contractor. Replacement parts shall be consistent with the type of the existing components unless otherwise specified by the City representative.

Variations shall be submitted to the City Representative for review and approval prior to use.

B. Description of Work

1. Tree, Shrub and Ground Cover Care (Bundle 1 and 2)
Contractor shall maintain all trees, shrubs and ground covers in a healthy growing condition by performing the following operations, as well as other incidental work as needed, in all locations covered under this agreement:
a. Irrigation Monitoring and Maintenance – The Contractor will be responsible for water management and programing controllers. Contractor will monitor each site to ensure vegetation is being properly watered and water is being used efficiently on site with minimal runoff. Contractor shall monitor irrigation to make sure that it is establishing moisture to the full depth of the root zone, while avoiding erosion, runoff, or puddles. Contractor shall correct any waterlogged soil conditions.

Contractor shall inspect the irrigation system once a month during the dry season, check for leaks, broken, misdirected or clogged spray heads, excessive run-off, water logging, etc. Contractor shall report any irrigation deficiencies to the City Representative and make necessary repairs to the remote control valves, lateral lines, irrigation-heads and drip systems. The City is responsible for irrigation repairs upstream from the valve to the back-flow-preventor and water meter. The City may request the Contractor to provide a repair cost proposal as additional work. The Contractor will notify the City representative of any mainline leeks, breaks or valve malfunctions as soon as possible within 24 hours.

Agenda Packet Page 67 of 153
City of El Cerrito  Landscape Maintenance RFP Due December 21, 2023 City of El Cerrito | Public Works Department | 510-215-4369 Page 30 of 48 b. Pruning, Hedging, and Trimming – Pruning and trimming shall he done by qualified, trained professional personnel. Excessive pruning, hedging or stubbing back shall not be permitted. With the exception of pre-existing hedges, all pruning cuts shall be properly made using bypass pruners or sharp pruning saws only to maintain the natural shape of the plant. Cuts shall be made cleanly, outside of the branch collar with no flush-cuts or tearing of the bark.

Contractor shall not prune any tree branches over 14 feet high. The City requires that tree pruning be performed under supervision of an ISA Certified Arborist. All but minor clearance tree pruning for egress be approved in advance by the City Arborist. Dead or damaged branches shall be removed from shrubs, trees and ground covers to maintain plant health and appearance . Areas adjacent to damaged branches located over 14 feet up in trees shall be secured (either by the means of caution tape, cones, or barricades) and reported immediately to the City’s Representative.

Contractor shall assess all shrubs on a quarterly basis to determine which plants should be pruned.

Contractor shall confer with the City Representative prior to pruning other than for the following purposes: Remove branches and vines that are encroaching on roadways, walkways, fences, and buildings, and/or posing a safety hazard to pedestrians, bicycles, or vehicles; • Remove dead branches, diseased sections of shrubs, spent flowers, etc.; • Maintain the natural shape of the plant species; and
• To maintain the health of the plant.

Periodic hard pruning of certain herbaceous shrubs, as requested and approved by the City Representative, may be required, but will not exceed one time bi-annually. Care shall be taken to remove dead branches from shrubs and groundcovers in order to maintain a healthy plant canopy.

Dead or damaged branches over 1/2” shall be removed from shrubs and ground covers.

The Contractor is responsible for replacing, at their cost, any damage to plant materials caused by excessive pruning, improper pruning techniques, poor equipment etc. c. “No-Mow” and Specialty Grasses, Reeds and Sedges – Care shall be taken to maintain the natural character of ornamental grasses, sedges and reeds with or without periodic or annual cutting. “No Mow” turf shall be mowed annually or semiannually at the highest mower setting or by other City approved means with the majority of clippings removed. Specialty grasses, reeds and sedges may be regenerated periodically by hard pruning. Each of these activities shall be approved by the City’s Representative prior to performance.
d. Rain Gardens/ Green Infrastructure – The City’s ‘green infrastructure’ (bio-retention or LID storm water facilities) shall be maintained with inlet cleaning, weeding, and litter removal as needed to allow for the unimpeded inflow of rainwater. All plantings in these facilities shall be maintained to retain the natural characteristics of the plant species while keeping plant material clear of inlets, egresses and the PROW.
e. Fertilization - Fertilize shrub, ground cover, and planter bed areas as needed with a City approved organic fertilizer, with prior approval by the City Representative. f. Mulch and Soil Health - Contractor shall maintain areas under trees, shrubs, and on bare soil with a minimum 3-inch layer or organic material. Mulch shall not be placed closer than 4” from plant or tree trunks. Mulch shall be provided by City’s Public Works Department. All labor costs in regards Agenda Packet Page 68 of 153
City of El Cerrito  Landscape Maintenance RFP Due December 21, 2023 City of El Cerrito | Public Works Department | 510-215-4369 Page 31 of 48 to, but not limited to transporting, spreading, and maintaining the mulch shall be covered by Contractor. Leaf drop and/or clippings that are free of disease may become part of the mulch layer in the trees, shrubs or groundcover areas, if it can be done so in an attractive manner and away from high traffic areas. Contractor shall remove leaf litter from storm drain areas and prevent such debris from entering drain inlets or building-up on plant or tree trunks. g. Weeding - All areas, including but not limited to shrub beds, flower beds, groundcover beds, tree wells, paved areas, sidewalks, cracks, stairways, pavers, expansion joints, decomposed granite paths, picnic areas, playgrounds, and under bleachers/benches, shall be kept weed free at all times.

Weeds shall be dug-out by the root when possible. Weeds or weed flowers shall be removed before they set seed, whenever the appearance becomes unsightly, or when requested by the City Representative.
h. Replacement of Material – Contractor shall remove dead and damaged plants and replace with material of equivalent size, condition and variety, subject to approval and/or purchase by the City Representative. Labor shall be provided by the Contractor in a timely manner. Plant material shall be provided by the City unless damage is caused by Contractor’s negligence (i.e. chemical damage, mechanical damage, water stress.) Damage not resulting from Contractor's negligence, such as vandalism, abuse from the public, or weather shall be reported promptly to the City Representative.

The City will provide all necessary materials. Labor shall be provided by the Contractor in a timely manner.

2. Tree Pruning and Maintenance (Bundle 1 and 2)
a. Permissible Activity: Contractor shall not prune any tree limbs over 14 feet high. The City requires that tree pruning performed under supervision of an ISA Certified Arborist. All but minor clearance tree pruning shall be approved in advance by the City Arborist. All trees with a canopy extending over pedestrian or bicycle paths of travel shall be pruned to maintain branches above 8’ (96”) above ground level. Any dead or damaged branches shall be removed from shrubs and ground covers. Any damaged branches located over 14 feet up in trees shall be secured (either by the means of caution tape, cones, or barricades) and reported immediately to the City’s Representative. b. Method - All pruning cuts shall be properly made using bypass pruners or by pruning saw only.

Cuts shall be made cleanly with no tearing of the bark. All cuts over 2” in diameter shall be made by the compound cut method of three cuts (under, over and final). Contractor will designate employees that have received training approved by the City Arborist to perform this duty. c. Suckers - Suckers or water sprouts located at the base of trees shall be removed by trained employees, limited to only using by-pass-pruners. Hedge trimmer, line trimmer, herbicides or any other type of mechanical or chemical mechanism shall not be used to remove or control suckers. d. Tree Wells - Contractor shall keep tree wells weed and litter free and mulched with a 3” deep layer to assist in suppressing weeds. Adequate decomposed granite or wood mulch will be applied as necessary in the tree wells to insure a level surface with the surrounding concrete sidewalk. Mulch shall be clear of the tree’s root crown by at least 4 inches. Tree well diameters may vary dependent on location, size, and use zones of trees. A minimum of a 6 ft in diameter, or 3ft in all directions from the tree trunk shall be maintained unless otherwise directed by City Representative.

Agenda Packet Page 69 of 153
City of El Cerrito  Landscape Maintenance RFP Due December 21, 2023 City of El Cerrito | Public Works Department | 510-215-4369 Page 32 of 48 e. Tree stakes - Tree stakes and ties shall be removed as trees mature with authorization of the City Representative. Tree stakes shall be replaced as needed in case of vandalism or wood rotting at the base of the stakes.

3. Integrated Pest Management (IPM) (Bundle 1 and 2)
The City of El Cerrito has adopted policies, procedures and sustainable landscaping standards that include IPM, ReScape (Bay-Friendly) Landscaping Principles and other best management practices.

These standards nurture plant and soil health and ecological diversity, reduce pruning requirements, staff and public exposure to pesticides, and reduce toxicity in public areas, water bodies and other sensitive habitats. Contractor adherence to these policies, goals and pest prevention priorities is required. a. Contractor’s Integrated Pest Management Plan - Within 45 days and annually on the anniversary of this agreement, the Contractor shall submit to the City IPM Coordinator an INTEGRATED PEST MANAGEMENT (IPM) PLAN that complies with the City of El Cerrito’s IPM Policy (Attachment 3), goals and specifications outlined in this RFP. Contractors IPM Plan shall be reviewed annually for updates and modifications with the City’s IPM Coordinator. b. Site Inspections - Frequent and thorough site inspections, on foot, will be needed to ensure no major pest infestations occur. The first priority in addressing pests identify the source of the pathogen. Pest management will be based upon sound scientific information such as that provided by the University of California Agriculture and Natural Resources IPM website. Conventional pesticides will be used as the last option. The Contractor shall provide the City Representative with any Safety Data Sheets of chemicals that will be utilized. c. Qualified Personnel - Pest control shall be done only by qualified, trained personnel, under the supervision of a California Department of Pesticide Regulations (DPR) Licensed Applicator, only using materials that have received prior approval by the City IPM Coordinator. All pesticide applications shall be made with extreme care to avoid any hazard to any person, pet, or wildlife in the area or adjacent areas, or any property damage. Application shall be in strict accordance with all governing regulations. The Contractor must provide, within 30 days of the Notice to Proceed, their CA DPR License, and the names and license/certification numbers of any individuals responsible for or applying pesticides in accordance with this agreement. d. Reporting - All pest problems shall be reported to the City IPM Coordinator, who shall approve all pesticides applications prior to application. Records of all pest control operations stating dates, locations, times, methods of application, chemical formulations, target pest, the applicator’s names and weather conditions shall be made and retained in an active file for a minimum of three (3) years. e. Pesticide Applications – Application of any pesticide shall be supervised by a CA DPR Qualified or Licensed Applicator. No pesticide application shall be made during heavy traffic (vehicle, bicycle, or pedestrian) periods or when winds create material drift and/or exceeds 5mph and/or as directed per chemical label. The City IPM Coordinator shall permit no spraying without prior approval and has the ability to halt a planned spraying if he/she believes one of the above is in violation. The Contractor is required to contact the City IPM Coordinator for application scheduling. f. Prohibited Areas - The use of herbicides for "chemical edging" of turf and ground cover areas, clearing rights-of-way or along roadways, and near sensitive habitat, any creek, drainage course, pond or other water feature is not be permitted.

Agenda Packet Page 70 of 153
City of El Cerrito  Landscape Maintenance RFP Due December 21, 2023 City of El Cerrito | Public Works Department | 510-215-4369 Page 33 of 48 g. Notice, Signage, and Monitoring - Temporary notice may be required on certain sites and shall be clearly posted on site 24 hours prior to, during and 72 after a site has been sprayed. These areas that are sprayed shall be flagged and signed until the chemical has completely dried according to product label and/or MSDS. Treated areas must be monitored during and after pesticide application until material has dried according to the product label and SDS. No unprotected person, pet, or wildlife may enter a treated area until all re-entry intervals have been satisfied. h. Rodent Control – Rodenticide use is severely restricted. All methods of rodent control shall be approved by the City IPM Coordinator. The City will be the primary agent controlling gophers and other rodents. However, Contractor shall assist the City in keeping all turf and landscaped areas free of gophers, moles, and other rodents causing damage to City Property by immediately reporting evidence of rodent activity to the City Representative. Gophers shall be controlled by using Macabee gopher traps or other devices approved by the City Representative. Holes caused by gophers shall be backfilled with soil provided by City.

4. Playgrounds and Equipment Maintenance (Bundle 2)
The following recreational equipment maintenance guidelines apply to all playground areas included in this agreement. Inspections of playground equipment and fall surfaces needs to be performed each time the Contractor is working in the park or facility where the equipment is located. The Contractor must schedule playground maintenance when playground use is typically low in the morning hours so the playground area can be thoroughly cleaned and inspected with minimal interference to and from park users.
a. Equipment Check: Any equipment showing signs of wear, fatigue, vandalism or otherwise presenting an unsafe condition shall be reported immediately to the City Representative. The Contractor may be required to close the area with caution-tape. b. General Clean-Up: All play areas shall be maintained free of litter, cans, pop tops, broken glass, sticks, Band-Aids, rocks, cigarette butts, ropes, toys, and other harmful and unsightly debris. Sweep or blow walks around play areas and return fall cushioning material to play area. Gather loose belongings and set aside on a bench for two days until disposing. c. Fall Cushioning Material: Special attention shall be made to areas around and immediately adjacent to play equipment. The rubberized fall cushioning material in these areas shall be inspected for wear and tear, holes and loose adherence or separation. Any surface showing signs of wear, fatigue, vandalism or otherwise presenting an unsafe condition shall be reported immediately to the City Representative. The Contractor may be required to close the area with caution-tape. Sand must be raked, kept free of debris and maintained at a depth of 12 inches. The contractor shall provide the labor to transport and install new sand as needed. The City shall provide the replacement sand after notification by the contractor.

5. General Maintenance and Clean Up (Bundle 1 and 2)
The following general maintenance and clean up guidelines apply to all areas included in this agreement. a. Garbage, Recycling, Green Waste Pick-Up and Disposal - All existing garbage cans in the areas under Contractor’s responsibility shall be emptied of refuse by the Contractor and disposed of legally according to the frequencies listed in Section II.E, “List of Facilities and Service Levels.” Garbage Agenda Packet Page 71 of 153
City of El Cerrito  Landscape Maintenance RFP Due December 21, 2023 City of El Cerrito | Public Works Department | 510-215-4369 Page 34 of 48 pick-up shall occur on the day of the week specified by the City Representative, usually Monday and/or Friday, depending on the frequency of service listed in Section II.E, “List of Facilities and Service Levels.” All garbage cans must have a garbage can liner. The Contractor is responsible for providing garbage can liners. Re-using soiled garbage can liners is not permitted.

Material from garbage cans and recycling containers must be collected separately and disposed in the proper fashion (i.e., recycling materials shall diverted for recycling, green waste shall be diverted for composting ). Upon being properly trained in tipping wall procedures and consistently adhering to tipping wall protocols, Contractor may use the City’s municipal transfer station for disposal of garbage, green waste, and recycling collected from City facilities, free of charge. b. All Clippings, Trimmings, Cuttings that are generated by the Contractor that cannot be used as mulch on site shall be promptly removed from the work are as the crew moves to the next area.

Debris in walkways, bike paths, parking lots and egress points is not tolerated, and shall be removed immediately. All generated debris shall be removed from the work site the same day the work is performed. Upon being properly trained in tipping wall procedures, Contractor may use the City’s municipal transfer station for disposal of green waste collected from City facilities. On- site dumpsters or containers shall not be used on the sites unless approved by the City Representative. c. Loose Debris - All areas covered by this agreement, including but not limited to areas around shrubs and trees, non-landscaped islands, sidewalks, patios, planter beds, curbs and gutters, shall be kept free from weeds, litter, glass and other debris. Contractor shall be responsible for clearing these areas of debris at the frequencies listed in Section II.E, “List of Facilities and Service Levels.” Debris includes, but is not limited to: paper litter, leaf and plant debris, household furniture, household appliances, cardboard, cigarette butts, shopping carts (shall be returned to local business on same day), animal feces, biohazards (human feces, hypodermic needles), illegal drug paraphernalia, and vehicle parts.
d. Paved Areas, Parking Lots, Pathways, Stairways, and other City-Owned Easements - Contractor shall be responsible to cut back vegetation as necessary to keep pathways, stairways, easements and access roads clear and passable. Contractor shall edge back groundcover as requested or on an as-needed basis. Contractor shall remove litter and shall sweep or blow and clean off any dirt, debris, weeds or soils from all sites, paved areas, including play and picnic areas, at the frequencies listed in Section II.E, “List of Facilities and Service Levels, ” or as requested by the City Representative.
e. Seating Benches and Tables - All tables and benches shall be kept clear of debris as part of the general clean-up responsibilities of the Contractor for each particular facility. Benches and tables shall be scrubbed and washed using a biodegradable cleanser on a monthly basis between the months of March and November, in accordance with the City’s Clean Water Program’s Best Management Practices (BMPs). All wastewater shall be directed to and absorbed into permeable landscape surfaces.
f. Sand Areas - All sand areas shall be kept raked and cleaned of any debris. Children’s toys that don’t constitute safety hazards can be left in sand areas. Sand shall be furnished by City on an “as needed” basis, type to be determined by the City Representative. g. Safety Inspection - Contractor shall inspect all parks for glass and other safety hazards during the course of each maintenance visit and shall remove manageable hazards, reporting each incident Agenda Packet Page 72 of 153
City of El Cerrito  Landscape Maintenance RFP Due December 21, 2023 City of El Cerrito | Public Works Department | 510-215-4369 Page 35 of 48 to the City Representative. For hazards that cannot be removed by the Contractor, Contractor shall secure hazard area with caution tape and immediately report hazards to the City Representative. h. Decomposed Granite - All decomposed granite pathways and areas must be raked and not blown where indicated by the City Representative. On an as needed basis, the City shall furnish decomposed granite for the Contractor to repair ruts, holes and gaps in decomposed granite areas. i. Repair of Irrigation Systems - The Contractor shall have either on inventory or available for immediate supply, the materials (pipeline, fittings, spray heads, nozzles, etc.) appropriate for the routine performance of removing and replacing components of the existing landscape irrigation systems. For special order items, the Contractor shall place the order for said materials and inform the City Representative, in writing, of the cost and the schedule for delivery and incorporation of such materials. The City Representative must approve of the proposed materials and prior to incorporation into the work. Special order items will be paid at the actual invoiced price plus the allowable mark-up. The Contractor shall be responsible to immediately repair systems at his own costs damaged by his own operations with new replacement parts of same manufacturer model as existing components.
j. Homeless Encampments - The Contractor shall report to the City Representative any signs of homeless encampments on any sites in his contract. Encampment debris includes, but is not limited to, large cardboard, plywood, shopping carts, blankets, sleeping bags, coolers, tents, tarps, etc.. The Contractor, at the request of the City Representative shall remove incidental litter/debris generated by any homeless activity or after the encampment has been removed by the City.

C. City Facilities and Service Levels
The City of El Cerrito desires to contract for the maintenance of the City’s medians, streetscapes, pedestrian paths, and other building grounds. These sites are divided into 2 separate bundles.

Bidders may submit proposals for one or both bundles. The specifics of the various facilities in each bundle and the maintenance work to be performed are included as Attachment 2, Technical Specifications. These bundles are:
 Bundle 1 -San Pablo Ave Streetscapes, Medians, Traffic Islands, Rain Gardens, and City Building Grounds – Approximately 22.41 acres of landscapes and streetscapes consisting of sidewalks, small plazas, trees, shrubs, and ground covers, and rain gardens. This bundle contains 20 sites and is divided into Type 1, and Type 2 facilities.

Type 1 facilities require twice weekly care; Type 2 facilities need weekly, bi-monthly, or monthly care.

The City of El Cerrito will begin construction of the Del Norte Complete Streets project in 2024. The construction may impact the work area in this RFP and therefore there may be an adjustment to the scope of work. Beginning in 2026 when the project is completed, the City may require that the Del Norte Complete Streets project area be added to the contract with pricing to be negotiated at that time.
 Bundle 2 - Ohlone Greenway – 2.6 linear miles (approximately 19.96 acres) consisting primarily of a heavily used pedestrian and bicycle path and linear park lined by a combination of naturalized fields of “no-mow” fescue, wildflowers, and shrubs, punctuated by small formal play spaces, small plazas, creek crossings, and areas of sensitive habitat.

Agenda Packet Page 73 of 153
City of El Cerrito  Landscape Maintenance RFP Due December 21, 2023 City of El Cerrito | Public Works Department | 510-215-4369 Page 36 of 48 The Contractor shall furnish all necessary materials, equipment, labor, and incidentals as required to perform to maintain the bundled sites for which the contractor is proposing and as specified in this RFP.

Contractor shall inspect all sites prior to submittal of the bid proposal.

City Facilities and Service Levels
# FACILITY ACRES FREQUENCIES
BUNDLE 1 (Shrub Intensive Landscapes)
Approx.

Acreage
General
Clean-Up
Mowing and/or
Weeding Trim/ Prune
Building Grounds
(includes two trash cans) – Type 1
1 City Hall & Public Safety Building Grounds
(lot size includes building, clean-up
includes 2 trash cans) 2.4 2x per wk 1x per wk Quarterly Building Grounds (no trash cans) –
Type 2
2 Community/ Swim Centers (excludes care
of recreational equipment) 3.0 1x per wk 1x per wk Quarterly 3 Portola Clubhouse Child Care Center &
Playground 0.60 1x per wk 2x per month Quarterly
4 Madera Child Care Center & Playground 0.20 1x per wk 2x per month Quarterly 5 Library 0.30 1x per wk 2x per month Quarterly
6 Fire Station 72 0.38 1x per month 1x per month Quarterly 7 Recycling Center Rain Gardens, Turn
About, and Redwood Stand (7501
Schmidt Ln) 0.22 2x per month 2x per month
2x annually
or as
needed
TOTAL ACRES Building Grounds
Type 1 & 2 7.1
Streetscapes (Sidewalks, Islands and
Medians; no trash cans) -Type 1

8. Central Ave Streetscape (San Pablo Ave
to Richmond St) 0.20 1x per wk 1x per month Quarterly
9 Fairmount Ave Streetscape (Carlson Blvd
to BART tracks) 0.80 1x per wk 1x per month Quarterly
10 Moeser Lane Streetscape (San Pablo Ave
to Pomona Ave.) 0.31 1x per month 1x per month Quarterly 11 Potrero Ave Streetscape (Kearny Street to
Eastshore Blvd) 0.17 1x per wk 1x per month Quarterly
12 San Pablo Ave Streetscape (So. City Limit
to No. City Limit) 12.44 1x per wk 1x per month Quarterly 13 Triangular parcel at Ohio Ave and San
Pablo Ave under Bart Track 0.04 1x per wk Quarterly Quarterly TOTAL ACRES Streetscapes Type 1 13.96
Agenda Packet Page 74 of 153
City of El Cerrito  Landscape Maintenance RFP Due December 21, 2023 City of El Cerrito | Public Works Department | 510-215-4369 Page 37 of 48 Streetscapes (Sidewalks, Islands and
Medians) - Type 2
14 Elm Street and Cutting (Island only) 0.03 Quarterly Quarterly Bi-annually 15 Pebble Beach Dr - 3 separate traffic
islands 0.05 Quarterly Quarterly Bi-annually
16 Tamalpias Place - Traffic Island 7000
Tamalpias Pl. 0.01 Quarterly Quarterly Bi-annually
17 Julian Drive Traffic Island 0.32 Quarterly Quarterly Bi-annually 18 Arlington Ave and Cutting - Corner pieshaped lot 0.08 Quarterly Quarterly Bi-annually 19 Hagen Blvd and Tapscott Ave (Island only) 0.26 Quarterly Quarterly Bi-annually 20 Recycling Center Perimeter Annual
Vegetation Management/ Fuel Reduction 0.60 Annually Annually Annually TOTAL ACRES Streetscapes Type 2 1.35
TOTAL ACRES for Bundle 1 22.41
# FACILITY ACRES FREQUENCIES
BUNDLE 2 (Ohlone Greenway)
Approx.

Acreage
General
Clean-Up
Mowing and/or
weeding and
pruning
Refuse
Collection
1 Cerrito Creek and Pedestrian Path (Kains
Ave to Talbot Ave.) 0.32 2x per week Quarterly
NA (3 can
emptied by
others)
2 Ohlone Greenway (OG) in Total 13.66 2x per week 8x per year 2x per week 3 Raingarden (OG at Fairmount) 1.08 2x per week 2x per month 2x per week 4 OG through Plaza BART station 0.64 2x per week 8x per year 2x per week 5 Bruce King Dog Park and Tree Park (OG at
Hill St) 1.12 1x per week Quarterly 2x per week
6 Pocket Parks (OG at Stockton; OG at Oak
St; OG at Manila; OG at Hill St.) 0.32 2x per week 2x per month 2x per week 7 Sensitive Areas on OG (All creek beds;
Wildflower Area between Conlon and
Junction; Frog Habitat at Eureka) 0.55 2x per week 2x per year 2x per week 8 OG through Del Norte BART station
including plaza seating on Hill St and
Cutting Blvd. 0.50 2x per week 8x per year 2x per week
9 Baxter Creek Gateway Park 1.77 2x per week
Quarterly or as
needed 2x per week
10 Unirrigated East side of Greenway
Included
in #2
above 2x per week 2x annually 2x per week
Total ACRES for Bundle 2 19.96
Agenda Packet Page 75 of 153
1 6
7 5
4 3 2
9 8
12 12
12 11
13 20
14 15
10 16
17 18
Bundle 1
Shrub Intensive
Landscapes
Numbers on City FaciliƟes and
Service Levels Table (pages 36-37)
Type 1 Buildings &
Streetscapes
Type 2 Streetscapes, City
Easements &
ProperƟes 19
Agenda Packet Page 76 of 153
Bundle 2
Ohlone Greenway
Numbers on City FaciliƟes and
Service Levels Table (page 37)
Ohlone Greenway
Areas of special
aƩenƟon
2 2
2 3
6 8
6 6
7 7
9 1
4 5 6
7 Agenda Packet Page 77 of 153

AGENDA BILL
Agenda Item No. 9.C.

Date: February 6, 2024
To: El Cerrito City Council
From: Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Subject: Budget Amendment for Park and Facility Deferred Maintenance and Repair Projects

ACTION PROPOSED
Adopt a resolution amending the Fiscal Year (FY) 2023-24 Adopted Budget and Capital Improvement Program to appropriate $1,084,800 from the General Fund Unrestricted Fund Balance for various park and facility deferred maintenance and repair projects.

BACKGROUND
As part of the Fiscal Year (FY) 2023-24 Adopted Budget and Capital Improvement Program, City staff identified the following park and facility deferred maintenance and repair projects that would need funding from the General Fund Unrestricted Fund Balance:
• Castro Park Sewer Line Replacement
• City Hall Boiler Replacement
• City Hall Leak Repair
• Community Center Roof Replacement
• Swim Center ADA & Electric Vehicle Station Parking Lot Enhancements • Arlington Park Playground Surfacing Replacement
• Corporation Yard Pavement Rehabilitation
• Public Safety Parking Lot Pavement Rehabilitation
These projects were listed in the FY 2023-24 Budget as One-Time Expenditure Requests with an estimated total cost of $1.14 million. Instead of appropriating the funding within the operating budget in June 2023, City staff recommended that the City Council appropriate funding for the projects at the time that the cost estimates had been refined and the design or construction of the projects required a contract. Even so, in the interest of maintaining a healthy fund balance, a $1.14 million cost for the design and construction of these projects (the planning level cost estimate at that time) was modeled in the 10-year General Fund forecast.

ANALYSIS
Over the last several months, City staff have refined the scope, cost, and schedule for the park and facility deferred maintenance and repair projects listed above. Attachment 2 contains details for each project. The cost estimates have increased from the planning level estimates as a result of increased scope to address additional deficiencies that were identified, most notably ADA deficiencies, as well as Agenda Packet Page 78 of 153
Agenda Item No. 9.C.
increased construction prices. Currently, the total estimated cost is $2.75 million for the design and construction of all the projects. This includes the amount previously appropriated by the City Council to close the funding shortfall for the Arlington Park Improvements Project, City Project No. C3082 (October 2023, Resolution 2023-75).

Given the number of active projects and staff capacity in the current fiscal year, the start of all the projects will not be possible by June 2024. As a result, City staff will phase implementation of the projects over the next two years as summarized below.

City staff requests that the City Council appropriate $1,084,800 ($1,159,800 minus $75,000 previously appropriated for Arlington Park) for expenditures in FY 2023-24 for the design, construction, or both for a subset of these projects. After rebates or insurance payment, the total cost would be reduced by $76,500. City staff will request the remaining amount for other projects and phases as part of the upcoming biennial budget process.

STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal(s) of:
• Livability and Belonging by improving parks and recreational facilities; and • Infrastructure and Amenities by investing in the maintenance, rehabilitation, and development of sustainable, climate-adapted infrastructure and community assets.

ENVIRONMENTAL CONSIDERATIONS
The projects are categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) because they are repairs to existing facilities involving negligible or no expansion of use beyond that presently existing. More specifically, restoration or rehabilitation of deteriorated or damaged facilities to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as an earthquake, landslide, or flood, is exempt from CEQA.

Agenda Packet Page 79 of 153
Agenda Item No. 9.C.

FINANCIAL CONSIDERATIONS
The total estimated cost is $2.75 million over two years for the design and construction of the previously identified park and facilities deferred maintenance and repair projects.

City staff requests that the City Council amend the FY 2023-24 Adopted Budget and Capital Improvement Program to appropriate $1,084,800 from the General Fund Balance Unrestricted Fund Balance at this time for phased implementation of a subset of these projects.

The unaudited General Fund Unrestricted Fund Balance as of the end of FY 2022-23 is estimated at $10,295,220 (including estimated adjustments for emergency and pension trust funds). Previous budget amendments during FY 2023-24 have totaled $2,299,978.

This proposed appropriation would result in an estimated General Fund Unrestricted Fund Balance of $6,910,442, or approximately 15% of General Fund expenditures; the full General Fund Balance, including both the Emergency Disaster Relief Fund (EDRF) and unrestricted funds, is estimated to total $15,910,442, or approximately 33% of General Fund expenditures. Actual Fund Balances will be confirmed at the conclusion of the City's annual independent audit and in the Annual Comprehensive Financial Report (ACFR).

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

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution

2. Project Summary
Agenda Packet Page 80 of 153
RESOLUTION 2024-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO AMENDING THE FISCAL YEAR (FY) 2023-24 ADOPTED BUDGET AND CAPITAL IMPROVEMENT PROGRAM TO APPROPRIATE $1,084,800 FROM THE GENERAL FUND

UNRESTRICTED FUND BALANCE FOR VARIOUS PARK AND FACILITY DEFERRED

MAINTENANCE AND REPAIR PROJECTS
WHEREAS, as part of the Fiscal Year (FY) 2023-24 Adopted Budget and Capital Improvement Program, City staff identified the following park and facility deferred maintenance and repair projects that would need funding from the General Fund Unrestricted Fund Balance: Castro Park Sewer Line Replacement, City Hall Boiler Replacement, City Hall Leak Repair, Community Center Roof Replacement, Swim Center ADA & Electric Vehicle Station Parking Lot Enhancements, Arlington Park Playground Surfacing Replacement, Corporation Yard Pavement Rehabilitation, and Public Safety Parking Lot Pavement Rehabilitation; and
WHEREAS, City staff recommended that the City Council appropriate funding for the projects at the time that the cost estimates had been refined and the design or construction the projects required a contract instead of appropriating the funding in June 2023 with the FY 2023-24 Adopted Budget; and
WHEREAS, City staff have refined the scope, cost, and schedule for the park and facility deferred maintenance and repair projects; and
WHEREAS, the cost estimates have increased from the planning level estimates as a result of increased scope to address additional deficiencies that were identified, most notably ADA deficiencies, as well as increased construction prices; and WHEREAS, the currently estimated cost is $2.75 million for the design and construction of all the projects over two years; and
WHEREAS, expenditures of $1,159,800 are anticipated in FY 2023-24 for the design, construction, or both for a subset of these projects, and this includes the $75,000 previously appropriated by the City Council to close the funding shortfall for the Arlington Park Improvements Project, City Project No. C3082; and
WHEREAS, a budget amendment is needed for this purpose; and WHEREAS, the projects are categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) because the project involves a repair to an existing facility involving negligible or no expansion of use beyond that presently existing.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of El Cerrito hereby amends the Fiscal Year 2023-24 Adopted Budget and Capital Improvement Program to appropriate $1,084,800 from the General Fund Unrestricted Fund Balance for various park and facility deferred maintenance and repair projects.

Agenda Packet Page 81 of 153
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption.

I CERTIFY that at a regular meeting on February 6, 2024 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:
______________________
Tessa Rudnick, Mayor
Agenda Packet Page 82 of 153

DEFERRED MAINTENANCE PROJECTS
Estimated Costs and Phasing
January 2024
Soft Cost Duration Soft Cost Hard Cost Duration
Castro Park
Sewer Line
Replacement
Clubhouse to Norvell Ave
In-House Design &
Construction Management,
based on bids for similar work
at Public Safety Building
$ 2,000 2 months $ 3,000 $ 60,000 2 months $ 65,000 $ - $ 65,000 City Hall Boiler
Replacement
Replacement of Existing
Boiler past service life
Gas Boiler is $70k less than
Electric. Budget shown
includes Electric Boiler with
the MCE Credit of $5,500
$ 47,000
4 months after
Council
Project
Initiation
$ 10,000 $ 220,000
3 months after
Council
Construction
Contract Award
$ 277,000 $ (5,500) $ 271,500
City Hall Leak
Repair
Repair to portions of City Hall
Building
Consultant has a proposal in
to complete the design and for
design support in construction
$ 14,500
4 months after
Council
Project
Initiation
$ 26,200 $ 165,000
3 months after
Council
Construction
Contract Award
$ 205,700 $ 205,700
Community
Center Roof
Replacement
Replacement of Existing
Damaged Community Center
Roofs
$25,000 Insurance Deductible
and Insurance Payment of a
portion of Hard and Soft Costs
- approx. $96,000
$ 24,000
4 months after
Council
Project
Initiation
$ 39,500 $ 385,000
3 months after
Council
Construction
Contract Award
$ 448,500 $ (71,000) $ 377,500
Swim Center

ADA & EV
Parking Lot
Improvements
ADA Parking Spaces, ADA
Accessible Path from parking
lot and Moeser to Building
Entrance and 2-dual EV
charging stations
Budget based on recent
consultant proposal,
including anticipated MCE
Rebate of $14,000
$ 88,600
6 months after
Council
Project
Initiation
$ 79,100 $ 509,400
4 months after
Council
Construction
Contract Award
$ 677,100 $ (14,000) $ 663,100
Rebates/
Insurance
Reimburs
Project Name Status/Comments Initial Cost Final Cost
Design & Bidding Phase Construction Phase
Scope
Agenda Packet Page 83 of 153

DEFERRED MAINTENANCE PROJECTS
Estimated Costs and Phasing
January 2024
Arlington Park
Playground
Resurfacing
Repair of Playground
Surfacing at Arlington Park,
including ADA and Drainage
Improvements
Budget based on original
playground resurfacing quote
from vendor and contractor,
plus additional ADA and
drainage work. Exploring grant
funding opportunities.
$ 41,000
4 months after
Council
Project
Initiation
$ 37,500 $ 275,000
3 months after
Council
Construction
Contract Award
$ 353,500 $ 353,500
Corporation
Yard Parking Lot
Rehab
Rehab main parking lot and
patch pave storage area
In-House Design &
Construction Management,
design costs for minor
consultant support, based on
bids for recent paving work in
City
$ 10,000
2 months after
Council
Project
Initiation
$ 12,800 $ 281,600
3 months after
Council
Construction
Contract Award
$ 304,400 $ 304,400
Public Safety
Parking Lot
Security &
Rehab
Rehab parking lot, install
security fencing, and install
conduit for future EV
Preliminary estimate. Will
explore grant funding
opportunities.
$ 50,000
5 months after
Council
Project
Initiation
$ 37,500 $ 250,000
3 months after
Council
Construction
Contract Award
$ 337,500 $ 337,500
Agenda Packet Page 84 of 153

SUPPLEMENTAL AGENDA MATERIALS

REGULAR CITY COUNCIL MEETING
February 6, 2024
(revised 2/6/2024 at 3:29 PM)

1. Public Comments (Not on the Agenda and Consent Calendar)

2. Agenda Item 9.B. - Agreement with Rubicon Landscape Corporation for Landscape Maintenance Services
a. Presentation

3. Agenda Item 9.C. - Budget Amendment for Park and Facility Deferred Maintenance and Repair Projects
a. Presentation
b. Public Comments
Supplemental Packet Page 1 of 69
Agenda Packet Page 85 of 153
El Cerrito Trail Trekkers’ 2020 goals:

Trail Trekkers ends 2019 and starts 2020 at our annual meeting January 19, 2020, featuring a talk about creek restoration by the esteemed pioneer in the field, Ann Riley. We will open the meeting by remembering Mollie Hazen, the longtime Trekker board member who passed away in 2019 after contributing so much to the community for many years.

Trail Trekkers celebrates its 10th anniversary in 2020. Trail Trekkers’ first ever hike occurred March 10, 2010 – before the group actually formed. The public meeting that formed the group, sponsored by the Environmental Quality Committee and El Cerrito Historical Society, almost filled the city council chambers on July 15, 2010. Throughout 2020 we will celebrate our anniversary through hikes and other events.

Rotary Interpretive Walk will be installed in 2020. Plans for installation in 2019 were delayed. We thank the El Cerrito Rotary Club for initiating and funding this project – and for the patience of our friendly Rotarians, especially Lee Prutton. Thanks due also to sign illustrator Adam Prost, designer Jan Byers, and to all the authors of text: Susan Schwartz, Tara McIntire, Keli Hendricks, Gary Prost, Zara McDonald, Bev Ortiz, Eddie Dunbar, and Dave Weinstein.

Tom Gehling and Linda Yamane contributed additional illustrations.

Directional trail signs to be installed in the Hillside Natural Area. These were designed for us by the National Park Service (thank you park planner Patrick Johnston!) but installation has been delayed, most recently as city officials ponder renaming trails. But – 2020 will be the year!
Fund-raising for the urban path signs. The city is providing funding for the National Park Service-designed signs in the Hillside Natural Area. But no funds have been provided for the many public paths, stairways and walks that are outside of the Hillside – even though many are obscure. The Park Service has designed all the signs. Treasurer Pam Austin leads fund-raising efforts to pay for these signs and installation, a process that may take several years.

Preserving Open Space. We will continue to organize opposition to a proposed tract of mini-mansions on Fairview Open Space. The area is just to the north of Motorcycle Hill, bordered by Fairview Drive and Tamalpais Avenue and by houses that are on Arlington Boulevard.

Trail Trekkers is forming an Activities and Planning Council to get more people active in our 10-year-old organization. Advisory council members would provide input as needed, and energy, as available. Council members would be asked to meet once a year – at a “strategic planning retreat” with the Trekkers board. Refreshments provided of course! Wade Huntley came up with the plan. Let us know if you are want to learn more or join.

Trail work. Besides continuing our existing efforts, Trekkers plans to develop shovel-ready trail projects in conjunction with the city, so work can move ahead expeditiously as volunteers – Scouts for example – become available.

The seventh Annual Hillside Festival will benefit from lessons we learned in previous years. No longer will hikes overlap, for example, so people can go on every hike if they wish. As always, it will be the first weekend of May 1-3 this year, with most events on Saturday and Sunday. The schedule will be final at the start of March.

Other hikes, new hike leaders. Trekkers is always looking for new hike leaders. We have found that hikes that feature nature, geology and history are a good draw. But we also love putting on hikes that are simply about walking and talking and enjoying the sights. Interested in From: Dave Weinstein
General Public Comments
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leading a hike? Leaders provide subject expertise and/or enthusiasm. Trekker “ambassadors” go on all hikes and handle all else, logistics, paperwork, publicity, safety. Let us know.

Trail Trekkers’ 2019 accomplishments:

Trail work and habitat improvement. Trekkers put on about a dozen trail work parties and broom pull events, on our own or with Friends of Five Creeks and the Environment Quality Committee. We worked at Madera Open Space, and improved such trails as Motorcycle Hill, the Live Oak, and Madera-Julian. We also joined the EQC at several cleanups at Baxter and Cerrito creeks.

Our map to all the trails in El Cerrito was published. We finished this long promised map just as the year ended. It will be distributed free too all member and sold to others for $6. Steve Bowes, an El Cerrito resident, designed the trail map on behalf of the National Park Service and Jan Byers designed the final map package. Tom Gehling and Carol Langhuaser saw it to completion. Dozens of volunteers throughout the years charted all of the trails.

The Sixth Annual Hillside Festival continued to attract naturalists and would-be naturalists, families and children, to learn about nature, geology and history in the Hillside Natural Area – and simply to have fun. We continue to attract 300-plus people every year – a good number for this event. One favorite hike focused on insects, led by Eddie Dunbar.

Hikes. Trail Trekkers put on more than a dozen hikes this year, not counting those at the festival. These included a Wildcat Canyon Ramble, a Wonderful Waterfalls Hike. Ralph Boniello and Ann Harlow’s Trees and Paths of Kensington, a Tree and Climate hike by climate scientist David Ackerly, an Easy Shoreline Walk, a San Francisco Pier to Pier Hike, a Three Parks Stroll, and others.

Fire prevention. Trekkers focused on fire prevention in and around the Hillside this year.

One activity was at our annual meeting with presentations by Cheryl Miller, executive coordinator of the Diablo Fire Safe Council, and Dave Gibson, El Cerrito's fire marshal. We have posted Ann’s talk on our website.

In addition, Dave Gibson led a walk about fire prevention in the Hillside during the Hillside Festival.

Advised the city on protecting native plants during road grading in the Hillside. Crews hired by the city repaired and re-graded some fire roads that provide access to the Hillside Natural Area for hikers and fire emergency equipment. Trekkers (Tom Gehling) and Friends of Five Creeks (Susan Schartz) worked with the city to successfully ensure that native habitat was preserved during construction.

Co-sponsored with the El Cerrito Library a library exhibit about Trekkers and a program by Eddie Dunbar, “Insects of the San Francisco Bay Area,” with stimulating discussion among people who are fascinated by these tiny critters. Barbara Lass made it happen.

Trekkers welcomed many volunteers. Throughout the year we gained new volunteers, Susan Kuchinskas, our webmaster, Clare Sheridan to handle publicity, all of our hike leaders, all those who have turned out for work parties. We also appreciate our longtime volunteers, like Jim and Andia Rasmussen, and Jenny Hammer who is leading work parties. It is all of these people who make Trekkers the dedicated organization it has remained for 10 years.

Our members appreciation barbecue helped foster community. Every year we put on annual or semi-annual parties for members. Also in 2019, we added a purely social gathering – open to all -- during the Hillside Festival. The late Mollie Hazen spearheaded these efforts as a Supplemental Packet Page 3 of 69
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board member. Trekkers does more than fight for trails and open space. We serve an important role in building local social engagement in and around El Cerrito.

Provided encouragement to trail groups in neighboring towns. Trail and urban living advocates in two nearby or not-so-far-away unincorporated communities sought out Trail Trekkers for our input as they worked to restore trails and otherwise improve things. We met with the Kensington Pathskeepers as they strive to restore the network of trails just alongside ours. We provided input to a new group in Crockett that hopes to use the arts, historic buildings, and their own network of urban paths to improve quality of life there. These discussions are continuing.

And of course we remain in close touch with Berkeley Path Wanderers, the group that inspired our own formation and continue to provide us with so inspiration and information.

Supported El Cerrito’s Measure H. Trail Trekkers strongly supported Measure H on the November ballot, which passed with about 70 percent of the vote. The measure extends an existing $58.46 per property annual charge that pays for recreation and parks, including trails and open space.

We helped develop the city’s Park and Recreation Master Plan by attending many meetings in 2018 and 2019, providing other comments, and encouraging others to do the same.

Trail Trekker T-shirts. Barbara Lass and Wade Huntley oversaw production of the first ever Trekker T-shirts, emblazoned with the logo designed for us six years ago by Sue Labouvie.

You can now order a Trail Trekkers t-shirt at Copy Central at 1553 Solano Ave. in Berkeley.

Ask the manager to have a Trail Trekkers shirt printed. It takes about 48 hours. You can bring your own shirt or have Copy Central supply the shirt.

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Michael A. Fischer
El Cerrito City Designated Library Commissioner
[email protected]
February 5, 2024
Mayor Tessa Rudnick
Mayor Pro Tem Carolyn Wysinger
Council Member Paul Fadelli
Council Member Lisa Motoyama
Council Member Gabe Quinto
I am Michael Fischer and I have the honor and duty of being your Library Commissioner. I am a member and immediate past chair of the Contra Costa County Library Commission occupying the seat on that body that is filled by a vote of this council. I have been in this position since 2017. I also serve as a member of the board of the El Cerrito Library Foundation, as parliamentarian of the Friends of the El Cerrito Library and as Secretary of the Library Foundation of Contra Costa.

I strongly support a badly needed replacement for our library and have worked for that since my appointment to the Commission. The case for a new library for our city is well made by the website of the Committee for a Plaza Station Library, of which I am a member, at c4psl.org. In this letter I’d like to focus on one subject — how much we love and use our library, even though it is both too small and in bad disrepair.

There are twenty-six libraries in the Contra Costa County system, many of them in cities that are larger than ours and libraries that are open more hours. Yet El Cerrito has the 10th largest door count countywide and second largest of the eight west county libraries. Door count measures the number of people who come into the library. Eight of the libraries that outrank El Cerrito are open considerably more — 52 or 56 hours compared to 46 hours that our building can provide for.

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Our patrons not only come to the library, they use its valuable resources. El Cerrito ranks 10th countywide and 1st in the west county in circulation figures.

We need and deserve a library that is safe, more open and meets the needs of its many patrons. I’ve submitted two tables that show the door count of each county facility from July 2022 through June 2023 and the circulation figures for last half of 2023.

Very truly yours,
Michael A. Fischer
El Cerrito City Designated Library Commissioner
Past Chair, Contra Costa County Library Commission
Secretary, Library Foundation of Contra Costa County
Board Member, El Cerrito Library Foundation
Parliamentarian, Friends of the El Cerrity Library
Member, C4PSL (Committee for a Plaza Station Library)
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Table 1-Door County 2022-2023
Library Region Total / 2022-2023
Pleasant Hill North Central 487,994
Walnut Creek South Central 466,011
Brentwood East 387,413
San Pablo West 339,729
San Ramon South Central 355,277
Lafayette West Central 346,385
Danville South Central 244,153
Ygnacio Valley South Central 208,156
Clayton North Central 156,182
El Cerrito West 177,112
Concord North Central 197,184
Hercules West 151,073
Dougherty Station South Central 146,640
Moraga West Central 124,228
Antioch East 119,496
Oakley East 95,394
Orinda West Central 130,078
Martinez North Central 85,228
Pittsburg East 83,135
Pinole West 77,220
Kensington West 71,240
Prewett East 55,406
El Sobrante West 36,920
Baypoint North Central 18,720
Rodeo West 6,487
Crockett West 4,368
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Table 2-Circulation July-Dec 2023
Library Region Number
Pleasant Hill North Central 176,237
San Ramon South Central 137,812
Walnut Creek South Central 106,785
Danville South Central 101,049
Lafayette West Central 96,766
Brentwood East 95,655
Ygnacio Valley South Central 73,299
Orinda West Central 71,261
El Cerrito West 60,165
Clayton North Central 57,877
Dougherty Station South Central 53,080
Concord North Central 53,068
Hercules West 43,189
El Sobrante West 35,725
San Pablo West 34,241
Kensington West 26,713
Pittsburg East 26,091
Moraga West Central 23,463
Pinole West 20,866
Oakley East 20,382
Antioch East 19,664
Martinez North Central 15,560
Prewett East 9,897
Baypoint North Central 3,700
Crockett West 3,586
Rodeo West 1,187
2 Supplemental Packet Page 8 of 69
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From: Somaia Nassef
To: City Clerk
Subject: Add ceasefire resolution to next city council meeting agenda Date: Thursday, January 18, 2024 12:12:21 AM
Caution! This message was sent from outside your organization.

Hello,
Currently, our senate debates a deal that will send billions more of our tax dollars to the Israeli military to continue its campaign of ethnic cleansing and genocide. It is imperative that we take a stand as a city - demanding an end to the violence and suffering.

As I write this, Israel is bombing the LAST functioning hospital in Gaza. https://www.nytimes.com/2024/01/17/world/middleeast/israel-hamas-gaza-hospital.html 7 thousand civilians were taking refuge there.

The unfortunate souls that have survived so far are being starved to death. https://www.hrw.org/news/2023/12/18/israel-starvation-used-weapon-war-gaza On average 250 Palestinians are murdered every single day without a ceasefire, 100 of whom are children. And about 10 children a day are forced to have limbs ambulated without anesthesia due Israel’s complete blockade. oxfam.org
I would like to add, Israel’s military operation has killed far more hostages than it has saved.

Israel currently stands trail at the International Court of Justice for the crime of genocide. A case brought forth by South Africa to uphold its legal and more importantly its moral obligations. We, the funders of this genocide, do we not have an even greater moral obligation to speak out against it? Thank you for your time and consideration.

Somaia N.

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From: Aminna Ibrahim
To: City Clerk; Paul Fadelli; Lisa Motoyama; Gabe Quinto; Tessa Rudnick; Carolyn Wysinger Subject: Item not on the agenda - Ceasefire Resolution
Date: Tuesday, January 23, 2024 4:42:24 PM
Caution! This message was sent from outside your organization.

Dear City Council,
I am writing to express my concern about the recent city council meeting, specifically regarding apparent violations of the Brown Act and issues related to public comment time. Limiting public comments to just one hour hindered the democratic process, denying many residents the opportunity to voice their concerns. Furthermore, there appeared to be a bias favoring one group over another, which goes against the principles of fairness and impartiality. I strongly urge the City Council to address these issues promptly, ensuring adherence to the Brown Act to allow all community members the opportunity for public comment in future meetings. It is essential for our democratic process to uphold transparency and fairness, allowing all community members to participate without limitations or biases.

Once again, we call on our City Council to stand up for the innocent civilians of Gaza who are facing starvation and death in the face of aggression from the Israeli government supported by U.S. military aid. We are asking that you support a ceasefire resolution and be on the side of compassion and humanity, and be aligned with most El Cerrito residents.

In the last three months, we have watched with heavy hearts as over 25,000 innocent people in Gaza have been killed by Israel’s indiscriminate bombing, more than half of them are women and children. You heard some names of children between the ages of newborn and 5 years old at the meeting. 60,000 people have been wounded and thousands more are still buried under the rubble. Over 80% of Gaza’s population is displaced and almost all of them are starving and dehydrated because Israel will not allow basic humanitarian aid to enter such as food, water, fuel, medical supplies, and even women’s products.

We condemn the attack on civilians by Hamas on October 7th and reject the murder or kidnapping of any innocent civilians. All lives are sacred. However, this cannot justify the collective punishment of an entire population of over 2 million people, that is a war crime.

We have a responsibility as humans to speak up against injustice. And as Americans, we are especially responsible for taking action because our tax dollars are being sent by the billions in military aid to Israel.. Meanwhile, our local communities are not able to sustain our roads and infrastructure, fund our education system, or fight homelessness and hunger. Our local governments must put pressure on the federal government to call for an immediate and permanent ceasefire.Our City Council represents the people of their city, and should be aligned with the majority on this issue.

Senator Bernie Sanders recently put forward a resolution that proposed to impose conditions on billions of dollars that the US sends Israel. As a hardworking taxpayer, I absolutely support putting contingencies against committing human rights violations so that my tax dollars to not fund a genocide.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda. Thank you very much for your time.

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From: Judith Green
To: City Clerk; Paul Fadelli; Lisa Motoyama; Gabe Quinto; Tessa Rudnick; Carolyn Wysinger Subject: Item not on the agenda - Ceasefire Resolution
Date: Tuesday, January 23, 2024 6:32:49 PM
Caution! This message was sent from outside your organization.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda. Thank you very much for your time.

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From: Hatice Seflek
To: City Clerk; Paul Fadelli; Lisa Motoyama; Gabe Quinto; Tessa Rudnick; Carolyn Wysinger Subject: Item not on the agenda - Ceasefire Resolution
Date: Tuesday, January 23, 2024 7:43:20 PM
Caution! This message was sent from outside your organization.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda. Thank you very much for your time.

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From: Ameena Jandali
To: City Clerk; Paul Fadelli; Lisa Motoyama; Gabe Quinto; Tessa Rudnick; Carolyn Wysinger Subject: Item not on the agenda - Ceasefire Resolution
Date: Tuesday, January 23, 2024 7:58:31 PM
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Dear City Council Members:

I am writing to express my concern about the recent city council meeting which I attended but was not able to speak specifically due to the time limitation of one hour only. Limiting public comments to just one hour hindered the democratic process, denying many residents the opportunity to voice their concerns. Furthermore, there appeared to be a bias favoring one group over another, which goes against the principles of fairness and impartiality. I strongly urge the City Council to address these issues promptly, ensuring adherence to the Brown Act to allow all community members the opportunity for public comment in future meetings. It is essential for our democratic process to uphold transparency and fairness, allowing all community members to participate without limitations or biases.

I urge our City Council to stand up for the innocent civilians of Gaza who are facing starvation and death in the face of aggression from the Israeli government supported by U.S. military aid.

We are asking that you support a ceasefire resolution and be on the side of compassion and humanity, and be aligned with most El Cerrito residents.

Additionally, some 60,000 people have been wounded and thousands more are still buried under the rubble. Over 80% of Gaza’s population is displaced and almost all of them are starving and dehydrated because Israel will not allow basic humanitarian aid to enter such as food, water, fuel, medical supplies, and even women’s products.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda. Thank you very much for your time.

Regards,
Ameena Jandali
El Cerrito, CA 94530
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From: Somaia Nassef
To: City Clerk; Paul Fadelli; Lisa Motoyama; Gabe Quinto; Tessa Rudnick; Carolyn Wysinger Subject: Item not on the agenda - Ceasefire Resolution
Date: Tuesday, January 23, 2024 9:47:55 PM
Caution! This message was sent from outside your organization.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda. Thank you very much for your time.

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From: Shaulnie Mohan
To: City Clerk; Paul Fadelli; Lisa Motoyama; Gabe Quinto; Tessa Rudnick; Carolyn Wysinger Subject: Item not on the agenda - Ceasefire Resolution
Date: Tuesday, January 23, 2024 10:55:35 PM
Caution! This message was sent from outside your organization.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda. We elected you and we expect you to represent us. Thank you very much for your time.

Sincerely,
S. Mohan
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From: Yuko Matsumoto
To: City Clerk; Paul Fadelli; Lisa Motoyama; Gabe Quinto; Tessa Rudnick; Carolyn Wysinger Cc: Yuko Matsumoto
Subject: Please put on agenda: Ceasefire Resolution
Date: Wednesday, January 24, 2024 12:23:57 AM
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Dear City Council,
I have been a resident of El Cerrito for eleven years, since 2012. I am writing to express my concern about the recent city council meeting, specifically regarding apparent violations of the Brown Act and issues related to public comment time. Limiting public comments to just one hour hindered the democratic process, denying many residents the opportunity to voice their concerns. Furthermore, there appeared to be a bias favoring one group over another, which goes against the principles of fairness and impartiality. I strongly urge the City Council to address these issues promptly, ensuring adherence to the Brown Act to allow all community members the opportunity for public comment in future meetings. It is essential for our democratic process to uphold transparency and fairness, allowing all community members to participate without limitations or biases.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda. Thank you very much for your time.

Yuko Matsumoto
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From: 78divalicious
To: City Clerk; Paul Fadelli; Lisa Motoyama; Gabe Quinto; Tessa Rudnick; Carolyn Wysinger Subject: Item not on the agenda - Ceasefire Resolution
Date: Tuesday, January 23, 2024 8:15:29 PM
Caution! This message was sent from outside your organization.

Dear Members of the City Council,
I am writing to express my concern about last week’s city council meeting, specifically regarding apparent violations of the Brown Act and issues related to public comment time. Limiting public comments to just one hour hindered the democratic process, denying MY VOICE the opportunity to speak.

I strongly urge the City Council to address these issues promptly, ensuring adherence to the Brown Act to allow all community members the opportunity for public comment in future meetings.

Once again, I call on my City Council to stand up for the innocent civilians of Gaza who are facing starvation and death in the face of aggression from the Israeli government supported by U.S. military aid. ***As a Jewish resident of El Cerrito for over 30 years*** I’m asking that you support a ceasefire resolution and be on the side of compassion and humanity, and be aligned with most El Cerrito residents. Do not conflate standing up to the government of Israel’s war crimes with antisemitism. What the Israeli government is doing is putting all Jewish people across the globe in danger.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda. Thank you very much for your time.

Sincerely,
Kate Bolton-Schmukler
Sent from my iPhone
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From: Zeid Arnaout
To: City Clerk; Paul Fadelli; Lisa Motoyama; Gabe Quinto; Tessa Rudnick; Carolyn Wysinger Subject: Item not on the agenda - Ceasefire Resolution
Date: Wednesday, January 24, 2024 12:55:40 PM
Caution! This message was sent from outside your organization.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda. Thank you very much for your time.

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From: Allison Cooper
To: City Clerk; Paul Fadelli; Lisa Motoyama; Gabe Quinto; Tessa Rudnick; Carolyn Wysinger Subject: Item not on the agenda - Ceasefire Resolution
Date: Wednesday, January 24, 2024 1:48:22 PM
Caution! This message was sent from outside your organization.

Dear City Council,
I am writing to call on our City Council to stand up for the innocent civilians of Gaza who are facing starvation and death in the face of aggression from the Israeli government supported by U.S. military aid. We are asking that you support a ceasefire resolution and be on the side of compassion and humanity.

All lives are sacred. However, this cannot justify the collective punishment of an entire population of over 2 million people, that is a war crime.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda. Thank you very much for your time.

Allison, El Cerrito resident
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From: Seth Morrison
To: City Clerk
Subject: public comments – not on the agenda
Date: Thursday, January 25, 2024 1:28:04 PM
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Seth Morrison
The Hon. Tessa Rudnick
Mayor, City of El Cerrito
10890 San Pablo Avenue
El Cerrito, CA 94530
Dear Mayor Rudnick,
On January 16, 2024 I was one of many residents and non-residents who packed the City Council Chamber to speak on an item not on the agenda - a call for a Ceasefire in Gaza resolution. It appeared that the city leadership anticipated a crowd, most likely due to the almost 100 letters from constituents asking that the City Council bring a ceasefire resolution to a future agenda for discussion as well as the 20 or so letters opposing this.

At the start of the meeting you stated, “For those who stand on the side of peace, words need to align with their actions.” Unfortunately, Mayor, it appears that you have chosen to use your power to silence residents that you disagree with rather than allow us to use our words in apparent contradiction of the Brown Act.

After delaying public comment to ensure the presentation for the evening could be presented, you arbitrarily set a 60-minute time limit with 2 minutes per person for public comments. You did so knowing there were 37 speakers, most supporting a ceasefire. In the El Cerrito City Policy Manual, The rules of order state, “A majority of the City Council present at a City Council meeting shall have the authority to waive provisions of the policy and procedures unless otherwise required by law.” You acted to limit comments without formal consent from the other Council members.

It was also very noticeable that all speakers from the opposing a ceasefire side were allowed to speak before those of us who are asking for a resolution. So the net effect was that all speakers on one side got to speak and only some on the other side got to speak.

According to El Cerrito’s Code of Conduct, City leaders are expected to, “Work for the common good of the people of El Cerrito and not for any private or personal interest.” Members of the public who arrived early, who signed up to make comments were denied that right. The arbitrary 60-minute time limit is not rooted in the concern for free speech or civic participation. It is deeply disappointing and particularly glaring when we watch how other cities foster participation. In Albany, on the same evening, the Mayor asked anyone who wanted to speak to line up, offered them 2 minutes and allowed all members of the public to speak.

Your actions do not seem to be fair and impartial. Currently the Jewish Community Relations Council (JCRC) has an active campaign to prevent discussions of ceasefire Supplemental Packet Page 20 of 69
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resolutions at city council meetings. Their talking points seem to be your talking points, and you clearly have a strong relationship with the JCRC as a Regional Chair of the Bay Area Network of Jewish Officials (BANJO). This does not seem to be in compliance with the commitment to “Endeavor to treat all members of the public and issues before them in a fair and equitable manner.”
In light of your previous actions and your clear conflict of interest and in compliance with the “El Cerrito City Council Administrative Policies and Rules of Order and Procedure” Last Adopted December 1, 2020, you must immediately recuse yourself from any further discussion of this issue.

I along with many other El Cerrito residents will be continuing our efforts to have the El Cerrito City Council vote on a fair and balanced resolution on the killing of civilians in Gaza and hope that the Mayor Pro Tem will preside over a truly open debate of this issue.

Sincerely,
Seth Morrison
--
Seth Morrison
He/Him/His
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From:

To: City Clerk; Paul Fadelli; Lisa Motoyama; Gabe Quinto; Tessa Rudnick; Carolyn Wysinger Subject: Item not on the agenda - Ceasefire Resolution
Date: Thursday, January 25, 2024 1:55:34 PM
Caution! This message was sent from outside your organization.

I strongly urge the City Council to address these issues promptly, ensuring adherence to the Brown Act to allow all community members the opportunity for public comment in future meetings. It is essential for our democratic process to uphold transparency and fairness, allowing all community members to participate without limitations or biases.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda. Thank you very much for your time.

Leslie Adams
El cerrito, CA
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From: Brendan Harrison
To: City Clerk; Paul Fadelli; Lisa Motoyama; Gabe Quinto; Tessa Rudnick; Carolyn Wysinger Subject: Item not on the agenda - Ceasefire Resolution
Date: Wednesday, January 24, 2024 10:20:23 PM
Caution! This message was sent from outside your organization.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda. Thank you very much for your time.

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From: Michelle Ayazi
To: City Clerk; Paul Fadelli; Lisa Motoyama; Gabe Quinto; Tessa Rudnick; Carolyn Wysinger Subject: Item not on the agenda - Ceasefire Resolution
Date: Thursday, January 25, 2024 11:30:40 AM
Caution! This message was sent from outside your organization.

Dear City Council,
I hope you're all doing well.

I am writing to express my concern about the recent city council meeting, specifically regarding apparent violations of the Brown Act and issues related to public comment time. Limiting public comments to just one hour hindered the democratic process, denying many residents the opportunity to voice their concerns. Furthermore, there appeared to be a bias favoring one group over another, which goes against the principles of fairness and impartiality. I strongly urge the City Council to address these issues promptly, ensuring adherence to the Brown Act to allow all community members the opportunity for public comment in future meetings. It is essential for our democratic process to uphold transparency and fairness, allowing all community members to participate without limitations or biases.

We are asking that you support a ceasefire resolution and be on the side of compassion and humanity, and be aligned with most El Cerrito residents.

Meanwhile, our local communities are not able to sustain our roads and infrastructure, fund our education system, or fight homelessness and hunger. Our local governments must put pressure on the federal government to call for an immediate and permanent ceasefire. Our City Council represents the people of their city, and should be aligned with the majority on this issue.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda.

Thank you very much for your time.

Warmly,
Michelle Ayazi
El Cerrito Resident of 10 Years
Mom to 10-year old at a EC Public School
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From: Andrew Zieminski
To: City Clerk; Paul Fadelli; Lisa Motoyama; Gabe Quinto; Tessa Rudnick; Carolyn Wysinger Subject: Item not on the agenda - Ceasefire Resolution
Date: Thursday, January 25, 2024 12:43:20 PM
Caution! This message was sent from outside your organization.

Dear City Council,
As an El Cerrito resident, I am writing to express my concern about the recent city council meeting, specifically regarding apparent violations of the Brown Act and issues related to public comment time.

Limiting public comments to just one hour hindered the democratic process, denying many residents the opportunity to voice their concerns. Furthermore, there appeared to be a bias favoring one group over another, which goes against the principles of fairness and impartiality. I strongly urge the City Council to address these issues promptly, ensuring adherence to the Brown Act to allow all community members the opportunity for public comment in future meetings. It is essential for our democratic process to uphold transparency and fairness, allowing all community members to participate without limitations or biases.

We are asking that you support a ceasefire resolution and be on the side of compassion and humanity, and be aligned with most El Cerrito residents.

Israel has recently been taken to the International Court of Justice for its active genocide against the Palestinian people. South Africa presented a powerful and well-argued case - while Israel gave a weak rebuttal about self-defense and provided no evidence against the claims. It is very likely that Israel will be found guilty for genocide in the ICJ. As a party to the Genocide Convention, the United States is required to “undertake to prevent and punish” the crime of genocide.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda.

Thank you very much for your time.

Thank you,
Andy Zieminski
El Cerrito resident
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From: Miguel Gravelle Izaguirre
To: City Clerk; Paul Fadelli; Lisa Motoyama; Gabe Quinto; Tessa Rudnick; Carolyn Wysinger Subject: Item not on the agenda - Ceasefire Resolution
Date: Monday, January 29, 2024 7:47:06 AM
Dear City Council, I am writing to express my concern about the previous city council meeting, specifically regarding apparent violations of the Brown Act and issues related to public comment time. Li Caution! This message was sent from outside your organization. sophospsmartbannerend
Dear City Council,
I am writing to express my concern about the previous city council meeting, specifically regarding apparent violations of the Brown Act and issues related to public comment time. Limiting public comments to just one hour hindered the democratic process, denying many residents the opportunity to voice their concerns. Furthermore, there appeared to be a bias favoring the anti-ceasefire group over the pro-ceasefire group, which goes against the principles of fairness and impartiality. I strongly urge the City Council to address these issues promptly, ensuring adherence to the Brown Act to allow all community members the opportunity for public comment in future meetings. It is essential for our democratic process to uphold transparency and fairness, allowing all community members to participate without limitations or biases.

Israel has recently been taken to the International Court of Justice for it’s active genocide against the Palestinian people. South Africa presented a powerful and well-argued case - while Israel gave a weak rebuttal about selfdefense and provided no evidence against the claims. In a near unanimous decision by the United Nations' International Court of Justice, supported even by the United States judge, they found a "real and immenent risk" that Israel is perpetuating a genocide against the people of Gaza. It also ordered Israel to "with immediate effect" ensure that it is not/does not commit any of the crimes listed under the UN Genocide Convention. As a party to the Genocide Convention, the United States is required to “undertake to prevent and punish” the crime of genocide.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda. Thank you very much for your time.

Miguel Gravelle
El Cerrito Resident
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From: arodriguezperry
To: City Clerk; Paul Fadelli; Lisa Motoyama; Gabe Quinto; Tessa Rudnick; Carolyn Wysinger Subject: Item not on the agenda - Ceasefire Resolution
Date: Tuesday, January 30, 2024 4:12:21 PM
Caution! This message was sent from outside your organization.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda. Thank you very much for your time.

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From: Anne Okahara
To: City Clerk; Paul Fadelli; Lisa Motoyama; Gabe Quinto; Tessa Rudnick; Carolyn Wysinger Subject: Item not on the agenda - Ceasefire Resolution
Date: Tuesday, January 30, 2024 6:13:44 PM
Caution! This message was sent from outside your organization.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda. Thank you very much for your time.

Anne Okahara
El Cerrito
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From: Eva Arifin
To: City Clerk; Paul Fadelli; Lisa Motoyama; Gabe Quinto; Tessa Rudnick; Carolyn Wysinger Subject: Ceasefire Resolution
Date: Wednesday, January 31, 2024 5:41:25 AM
Caution! This message was sent from outside your organization.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda. Thank you very much for your time.

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From: Seth Morrison
To: City Clerk; Paul Fadelli; Lisa Motoyama; Gabe Quinto; Tessa Rudnick; Carolyn Wysinger Subject: Item not on the agenda - Ceasefire Resolution
Date: Wednesday, January 31, 2024 2:54:34 PM
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Dear City Council,
As I have written to the Mayor, she has a well documented conflict of interest in discussing a resolution on Gaza. She is a leader in the JCRC which openly opposes a cease fire resolution. The Mayor must recuse herself from that discussion to ensure fair debate of the issue.

I am writing to express my concern about the recent city council meeting, specifically regarding apparent violations of the Brown Act and issues related to public comment time.

We have a responsibility as humans to speak up against injustice. And as Americans, we are especially responsible for taking action because our tax dollars are being sent by the billions in Supplemental Packet Page 31 of 69
Agenda Packet Page 115 of 153
military aid to Israel.. Meanwhile, our local communities are not able to sustain our roads and infrastructure, fund our education system, or fight homelessness and hunger. Our local governments must put pressure on the federal government to call for an immediate and permanent ceasefire.Our City Council represents the people of their city, and should be aligned with the majority on this issue.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda. Thank you very much for your time.

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From: Sherry Drobner
To: Holly Charléty; Lisa Motoyama; Tessa Rudnick; Carolyn Wysinger; Gabe Quinto; Paul Fadelli Cc: Seth Morrison
Subject: Public Comment Not on the Agenda
Date: Wednesday, January 31, 2024 8:05:08 PM
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Dear Mayor and City Council members,
It is with great enthusiasm that I announce that two very large cities, Minneapolis and Chicago have both passed resolutions asking for a ceasefire in Gaza. Locally, the City of Hayward voted to divest any funds from Israel I am so sorry that our own City Council refuses to take up the discussion of a ceasefire resolution. I won't deny that the process is messy, that voices may get loud, and that people who are neighbors may have to sit down and agree to disagree.

I listened to a virtual town hall meeting with our Representative John Garamendi. When I first wrote to him, asking for him to call for a ceasefire he wrote back and told me that Israel had the right to defend itself. But he saw, as do the majority of Americans, that the bombing of civilians in Gaza is no longer self-defense. Garamendi stated that a ceasefire was needed and that the conduct of war carried out by the Israeli military was unacceptable. An he is right, the International Court of Justice heard a case against Israel with the claimants accusing the Israeli government of carrying out a genocide in Gaza. The ICJ made a preliminary ruling to say that the case against Israel was plausible.

As I write, arial bombings continue with U.S. weaponry. Our City Council should support a ceasefire by resolution that reaches to the highest offices of this land. It is only through actions from every level of government that we can stop the nightmare hurling down on the people of Gaza.

Respectfully,
Sherry Drobner
El Cerrito
I live and work on unceded Lisjan Ohlone land in the territory of Huchiun. As a non-Native person I pay Shuumi, a voluntary land tax that supports Lisjan Ohlone sovereignty. Learn more here.

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From: Fuad Farradj
To: City Clerk; Carolyn Wysinger; Gabe Quinto; Lisa Motoyama; Paul Fadelli; Tessa Rudnick Subject: Item not on the agenda - Ceasefire Resolution
Date: Wednesday, January 31, 2024 2:54:17 PM
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Dear City Council,
I am writing to express my concern about the recent city council meeting, specifically regarding apparent violations of the Brown Act and issues related to public comment time.

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Senator Bernie Sanders recently put forward a resolution that proposed to impose conditions on billions of dollars that the US sends Israel. As a hardworking taxpayer, I absolutely support putting contingencies against committing human rights violations so that my tax dollars to not fund a genocide.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda. Thank you very much for your time.

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From: iman eliyan
To: City Clerk; Paul Fadelli; Lisa Motoyama; Gabe Quinto; Tessa Rudnick; Carolyn Wysinger Subject: Item not on the agenda - Ceasefire Resolution
Date: Wednesday, January 31, 2024 10:40:33 PM
Caution! This message was sent from outside your organization. ,Dear City Council
I am writing to express my concern about the recent city council meeting, specifically regarding apparent violations of the Brown Act and issues related to public comment time.

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Senator Bernie Sanders recently put forward a resolution that proposed to impose conditions on billions of dollars that the US sends Israel. As a hardworking taxpayer, I absolutely support putting contingencies against committing human rights violations so that my tax dollars to not fund a genocide.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda. Thank you very much for your time.

Sent from my iPhone
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From: Cordell Hindler
To: City Clerk
Subject: Public Comments
Date: Thursday, February 1, 2024 3:07:46 PM
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Hello Mayor Rudnick, Council Members and Staff,
I AM Submitting the Following Comments into the Record

1. for a Future Meeting, The Council Should Invite DR Alverez to Present on the 30x30 Initiative

2. Also to Direct Staff and KOFF & Associates to Present on the Class & Comp Study

3. Also to Have Danny Wan to Present on the Port of Oakland Sincerely
Cordell
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From: Eva Arifin
To: City Clerk; Paul Fadelli; Lisa Motoyama; Gabe Quinto; Tessa Rudnick; Carolyn Wysinger Subject: Item not on the agenda - Ceasefire Resolution
Date: Monday, February 5, 2024 5:47:00 AM
Caution! This message was sent from outside your organization.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda. Thank you very much for your time.

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From: Yuko Matsumoto
To: City Clerk; Paul Fadelli; Lisa Motoyama; Gabe Quinto; Tessa Rudnick; Carolyn Wysinger Subject: Item not on the agenda - Ceasefire Resolution
Date: Monday, February 5, 2024 8:08:47 AM
Caution! This message was sent from outside your organization.

Dear City Council,
I am a 12-year resident of El Cerrito (zip code 94530). I’m writing to express my concern about the recent city council meeting, specifically regarding apparent violations of the Brown Act and issues related to public comment time. Limiting public comments to just one hour hindered the democratic process, denying many residents the opportunity to voice their concerns. Furthermore, there appeared to be a bias favoring one group over another, which goes against the principles of fairness and impartiality. I strongly urge the City Council to address these issues promptly, ensuring adherence to the Brown Act to allow all community members the opportunity for public comment in future meetings. It is essential for our democratic process to uphold transparency and fairness, allowing all community members to participate without limitations or biases.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda. Thank you very much for your time.

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From: Paola Alessandra Sensi-Isolani
To: City Clerk; Paul Fadelli; Lisa Motoyama; Gabe Quinto; Tessa Rudnick; Carolyn Wysinger Subject: Item not on the agenda - Ceasefire Resolution
Date: Monday, February 5, 2024 9:09:29 AM
Caution! This message was sent from outside your organization.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda. Thank you very much for your time.

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From: Judith Green
To: City Clerk; Paul Fadelli; Lisa Motoyama; Gabe Quinto; Tessa Rudnick; Carolyn Wysinger Subject: Item not on the agenda - Ceasefire Resolution
Date: Monday, February 5, 2024 12:34:18 PM
Caution! This message was sent from outside your organization.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda. Thank you very much for your time.

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I am a Jewish resident of El Cerrito who condemns this attempted genocide and the horrific withdrawal of humanitarian support for the people in Gaza.

I hope you will take the moral stance on this issue. Thank you.

Judith Green
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From: Allison Tanner
To: City Clerk
Subject: Public Comment - not on the agenda
Date: Tuesday, February 6, 2024 10:39:37 AM
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Dear City Council,
I write to urge the council to pass a resolution for a ceasefire in Gaza and Israel. A ceasefire is a call for peace and a call to put all weapons down. Every day hundreds more are being killed in Gaza and the West Bank, and the longer the war draws on, the longer it will take to facilitate the release of hostages. The only time hostages have been released was during a time of ceasefire. A ceasefire is necessary to save both Palestinian and Israeli lives.

I am a resident of El Cerrito, a local pastor and an interfaith leader in the Bay Area. I am committed to the ways of peace and justice, neither of which can take place with the ongoing destruction of lives, families and communities. Cities across the country are taking a stand for humanity, and I hope my own city can, too. This is a local issue because our taxes are funding the mass destruction in Gaza. Further, the ongoing war means many Arabs, Muslims and Jews in our city feel unsafe. We have the ability to say very clearly that the weapons must be put down, and that our government needs to stop funding the violence taking place.

I am part of an interfaith movement in the Bay Area calling for a ceasefire, a release of all hostages, and an end to further weapons sales to the Israeli government. Throughout the Bay Area, houses of worship and individual homes are displaying signs “Love Demands Permanent Ceasefire Now.” These signs are a testament to our faith values of love and the sanctity of all life. As more congregations, communities, homes and cities call for the end to the violence in Gaza, I sincerely hope my city can join the chorus.

Sincerely,
Allison Tanner
The Reverend Dr. Allison J Tanner
Pastor of Public Witness
Lakeshore Avenue Baptist Church Oakland, California
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From: Fred Bialy
To: City Clerk
Subject: Public Comments for February 6 - Agenda Item #5 Date: Tuesday, February 6, 2024 10:40:50 AM
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Dear Mayor Rudnick, Mayor Pro Tem Wysinger and Council Members Fadelli, Motoyama and Quinto,
On January 16, the U.N Office of the High Commissioner for Human Rights stated about Israel’s war against Gaza:
“We have raised the alarm of the risk of genocide several times reminding all governments they have a duty to prevent genocide. Not only is Israel killing and causing irreparable harm against Palestinian civilians with its indiscriminate bombardments, it is also knowingly and intentionally imposing a high rate of disease, prolonged malnutrition, dehydration, and starvation by destroying civilian infrastructure,”
On January 18, at a talk before the Islamic Society of New Jersey, Chris Hedges said the following:
“Israel has killed or seriously wounded close to 100,000 Palestinians in Gaza, almost 1 in 20 inhabitants. It has destroyed or damaged 60% of the housing. The safe areas to which 2 million Gazans were instructed to flee in the south have been relentlessly bombed with thousands of casualties. Palestinians in Gaza now make up 80% of all the people facing famine or catastrophic hunger world-wide according to the U.N. Every person in Gaza is hungry, a quarter of the population are starving and struggling to find food and drinkable water. Famine is imminent. The 335,000 children under the age of five are at high risk for malnutrition, some 50,000 pregnant women lack health care and adequate nutrition. Infants are dying in droves.

In September, before the incursion into Israel by Hamas and other resistance fighters, Israeli prime minister Benjamin Netanyahu displayed a map of what he called the New Middle East at a U.N. General Assembly meeting. Gaza, the West Bank and East Jerusalem had all been incorporated into a greater Israel. Palestine had ceased to exist.

The Palestinians are being forced to choose between death from bombs, disease, exposure or starvation or being driven from their homeland. There will soon reach a point where death will be so ubiquitous that deportation for those who want to live will be the only option. Israel is lobbying countries in Latin America and Africa to accept Palestinian refugees. Israeli officials are calling this deportation ‘voluntary migration.’ This is the plan.” Two courts have now ruled that Israel’s military assault on Gaza is a plausible case for genocide against the Palestinian people.

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On January 26, the International Court of Justice ruled so, and while the court reaches a final determination on the issue, which could take years, it ordered that Israel in the meantime must:
1) take all possible measures to prevent acts as outlined in the 1948 Genocide Convention which entails not killing Palestinians, not causing physical or psychological harm to Palestinians, not inflicting living conditions which are calculated to bring about the end of the existence of Palestinians, and not carrying out actions designed to prevent births of Palestinians.
2) prevent and punish the “direct and public incitement to commit genocide against Palestinians in the Gaza Strip”.
3) “take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip.”
On January 31, while dismissing on jurisdictional grounds the case Defense of Children International-Palestine v. Biden, Federal Judge Jeffrey White supported the ICJ’s determination and implored the Biden administration to examine its “unflagging support’ for Israel’s campaign.

The Biden administration continues to support Israel with money, weapons shipments and political cover despite its obligation as a signer of the Convention against Genocide to make every effort to stop genocide.

Already in early December, 2023, polling showed that sixty-one percent of likely voters, including a majority of Democrats (76%) and Independents (57%) and a plurality of Republicans (49%), support the U.S. calling for a permanent ceasefire and a de-escalation of violence in Gaza. Those numbers have certainly gone higher since then.

Demonstrators throughout the nation are speaking out against Israel’s military campaign and calling for a permanent ceasefire to no seeming effect.

It’s therefore incumbent on us to continue doing all that we can as individuals (especially if we are in positions of influence, however small) to stop Israel’s genocidal war on Gaza.

I’m writing again today to urge the City Council to adopt a Resolution calling for a permanent ceasefire in the Israeli war against Hamas & Gaza. The war presents us with a moral issue that is therefore a local issue everywhere. Imagine if every citizen and city in the country called on our government to effect a permanent ceasefire. How powerful that would be towards ending the carnage.

Sincerely,
Fred Bialy
EC Resident
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From: Npa
To: City Clerk; Paul Fadelli; Lisa Motoyama; Gabe Quinto; Tessa Rudnick; Carolyn Wysinger Subject: Item not on the agenda - Ceasefire Resolution
Date: Tuesday, February 6, 2024 1:48:53 PM
Caution! This message was sent from outside your organization.

Dear City Council,
My name is Nanci Andrade. I am a 20 years home owner in El Cerrito.

I attended the council meeting last month and didn’t have a chance to speak. Unfortunately, I am not able to attend today. But I want please ask to pass the ceasefire resolution.

We don’t have time to waste, every minute a child, a parent, a human being dies.

I know many folks voiced that they would not feel safe if this would pass.

As a black, female and immigrant who was undocumented for 10 years, I know what it means to feel unsafe.

But it’s not compared to what people in Gaza must be feeling right now.

Humanity must speak out. Please cease fire now!
Below is a scripted email that I fully support.

Thank you
Nanci Andrade
I am writing to express my concern about the recent city council meeting, specifically regarding apparent violations of the Brown Act and issues related to public comment time. Limiting public comments to just one hour hindered the democratic process, denying many residents the opportunity to voice their concerns. Furthermore, there appeared to be a bias favoring one group over another, which goes against the principles of fairness and impartiality. I strongly urge the City Council to address these issues promptly, ensuring adherence to the Brown Act to allow all community members the opportunity for public comment in future meetings. It is essential for our democratic process to uphold transparency and fairness, allowing all community members to participate without limitations or biases.

We have a responsibility as humans to speak up against injustice. And as Americans, we are especially responsible for taking action because our tax dollars are being sent by the billions in military aid to Israel.. Meanwhile, our local communities are not able to sustain our roads and infrastructure, fund our education system, or fight homelessness Supplemental Packet Page 47 of 69
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and hunger. Our local governments must put pressure on the federal government to call for an immediate and permanent ceasefire.Our City Council represents the people of their city, and should be aligned with the majority on this issue.

To put it simply, the people of Gaza deserve to live and we must stand up for humanity.

Please act now by putting forward a ceasefire resolution for discussion on your City Council agenda. Thank you very much for your time.

Sent from my iPhone
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From: Fred Bialy
To: City Clerk
Subject: Public Comments for February 6 - Agenda Item #5 Date: Tuesday, February 6, 2024 1:05:43 PM
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Dear Mayor Rudnick, Mayor Pro Tem Wysinger and Council Members Fadelli, Motoyama and Quinto,
This is in follow-up to my earlier comments today.

I have just listened to Democracy Now from February 5. One of the segments in their program on Monday concerned a Palestinian American cardiologist who has lost nearly 100 members of his extended family in the bombing of Gaza. As introduction to the segment:

We speak with Dr. Tariq Haddad, a Palestinian American leader who refused to meet with Secretary of State Antony Blinken last week in protest of the Biden administration’s ongoing support of Israel’s bombardment of Gaza. Instead, the doctor wrote a 12-page letter to Blinken admonishing the latter for his role in the deaths of nearly 100 of his family members. “I wanted him to see me and see Palestinians as human beings, not as some part of a political game,” says Haddad. He shares stories of some of his lost loved ones and condemns U.S. political and military partnership with Israel. “I just kept looking for evidence that our government actually cares about the lives of my family, and I saw none.” https://www.democracynow.org/2024/2/5/tariq_haddad_blinken At what point do we say “enough is enough."
Sincerely,
Fred Bialy
EC Resident
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Landscape Maintenance
Agreement
STEPHEN PRÉE AND KARINEH SAMKIAN

PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING, FEBRUARY 6, 2024
Agenda Item No. 9.B.

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Background
 Three bundles of landscape maintenance:

1. Streetscapes, medians, traffic islands, rain gardens and building grounds - BrightView Landscaping Services

2. Ohlone Greenway - New Image Landscape Company

3. Parks and athletic fields - Rubicon Landscape Corporation Supplemental Packet Page 51 of 69
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Scope – Bundle 1
 Streetscapes, Medians, Traffic
Islands, Rain Gardens, and
City Building Grounds
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Scope – Bundle 2
 Ohlone Greenway
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Request For Proposals (RFP) Process
 RFP released November 28, 2023 (City website, West
County Times and emailed to 22 companies)
 Optional pre-proposal meeting
 Addendum/Q&A
 Received 6 proposals by December 21, 2023
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Proposal Review Process
 Proposals evaluated based on following criteria:
 demonstrated experience in municipal landscape maintenance services  experience of key personnel
 required licensing and certifications
 cost competitiveness
 Interviewed 3 companies
 Rubicon emerged as company that provides best value and best fits the needs of the City
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 Local based company
 Experienced municipal contractor
 Horticulture graduate supervising crews
 Understands the City’s regulatory requirements (stormwater permit)  Rubicon Landscape Corporation is a branch of Rubicon Programs whose mission is to provide job training opportunities and placement
 Successful trainees may serve as contract staff
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Financial Considerations
 Negotiated annual cost of $316,660
 FY 2023-24 – $128,554 includes base monthly rate + $23,000 one-time cost to evaluate and repair irrigation
 Additional Funds needed:

FY 2023-24
Adopted
Budget
Funds
Expended by
End of February
Remaining
Budget
Proposed
Contract Cost
March-June
Difference Between
Remaining Budget and
Proposed Contract
$199,929 $157,453 $42,476 $128,554 $86,078
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Reasons for Cost Increase

1. Labor costs have increased since 2018

2. Additional 1.14 acres added to the scope

3. Cost to transition to electric powered landscape
equipment

4. Scope change - City no longer supplying various
materials (e.g., irrigation parts)
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Proposed Action
 Authorize the City Manager to execute an agreement with Rubicon Landscape Corporation in an amount not to exceed $128,554 and $316,660 in Fiscal Years (FY) 2023-24 and 2024-25 respectively.
 Amend the FY 2023-24 Adopted Budget to appropriate $86,078 from the General Fund Unrestricted Balance for services in FY 2023-24.

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Questions?
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Budget Amendment
for
Park and Facility Deferred Maintenance
and Repair Projects
City of El Cerrito City Council Meeting
February 6, 2024
Yvetteh Ortiz, Public Works Director
Agenda Item No. 9.C.

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Background - Current-Year Proposed
General Fund Projects
• Proposed Capital Projects
• Castro Park Sewer Line Replacement
• City Hall Boiler Replacement
• City Hall Leak Repair
• Community Center Roof Replacement
• Swim Center ADA & Electric Vehicle Station
Parking Lot Enhancements
• Arlington Park Playground Surfacing
Replacement
• Corporation Yard Pavement Rehabilitation
• Public Safety Parking Lot Pavement
Rehabilitation
• Address Most Urgent Deferred
Maintenance & Repair Projects
• Estimated One-Time Expenditure Requests of $1.14 million (Planning Level)
• Modeled in 10-Year General Fund
Forecast
• Appropriation Requests at time when
contracts needed to further advance
projects
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Project Development
• Refined Scope, Cost, and Schedule
• Estimated costs have increased from planning
estimate to $2.75 million for design and construction
• Address additional deficiencies, ADA and other
• Increased Construction Prices (inflation, labor,
supplies)
• Phased Implementation over two years given
number of active projects and staff capacity
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Project Summary
Project Scope
Estimated
Total Cost
FY2023-24
Phases
(Start)
FY2023-24
Expenditure
Rebate/
Insurance
FY2023-24
Adjusted
Expenditure
Arlington Park Improvements Council approved Oct 2023 $ 75,000 Construction
(Const) $ 75,000 $ 75,000
Castro Park Sewer Line Replacement Clubhouse to Norvell Ave $ 65,000 Design, Bid &
Const $ 65,000 $ 65,000
City Hall Boiler Replacement
Replacement of existing boiler past service life
with electric boiler $ 277,000
Design, Bid &
Const $ 277,000 $ (5,500) $ 271,500
City Hall Leak Repair
Repair to south facing portions of City Hall
Building $ 205,700
Design, Bid &
Const $ 205,700 $ 205,700
Community Center Roof Replacement
Replacement of damaged sections Community
Center roofs $ 448,500
Design, Bid &
Const $ 448,500 $ (71,000) $ 377,500
Swim Center ADA & EV Station
Parking Lot Improvements
ADA Parking Spaces, ADA Accessible Path from
parking lot and Moeser to Building Entrance and
2-dual EV charging stations $ 677,100 Design $ 88,600 $ 88,600 Arlington Park Playground Resurfacing
Repair of Playground Surfacing at Arlington Park,
including ADA and drainage $ 353,500 Start next FY
Corporation Yard Parking Lot Rehab
Rehab main parking lot and patch pave storage
area $ 304,400 Start next FY
Public Safety Parking Lot Security &
Rehab
Rehab parking lot, install security fencing, and
install conduit for future EV $ 337,500 Start next FY
Total $2,743,700 $1,159,800 $ (76,500) $1,083,300
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Estimated One-Time Expenditures in FY
2023-24
• Approximately $1.16 million for design
and/or construction of subset of projects in
FY 2023-24
• Includes $75,000 previously approved for
Arlington Park Improvements (Resolution
2023-75)
• Budget for remaining projects/phases to be
requested next fiscal year as part of
biennial budget process
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Strategic Plan Goals
Livability and Belonging by improving parks and
recreational facilities
Infrastructure and Amenities by investing in the
maintenance, rehabilitation, and development of
sustainable, climate-adapted infrastructure and
community assets
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Proposed Action and
General Fund Unrestricted Balance
• Proposed Action: Amendment of FY2023-24 Adopted Budget and Capital Improvement Program to appropriate $1,084,800 from the General Fund Unrestricted Fund Balance for various park and facility deferred maintenance and repair projects • FY 2022-23 Unaudited General Fund Unrestricted Fund Balance estimated at $10,295,220 (including estimated adjustments for emergency and pension trust funds)
• Previous FY 20223-24 Budget Amendments total $2,299,978 (including contract with Rubicon for Landscape Maintenance, if approved tonight) • Proposed Amendment would result in an estimated General Fund Unrestricted Fund Balance of $6,910,442 (approx 15% of General Fund expenditures) Supplemental Packet Page 67 of 69
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Questions &
Comments
Supplemental Packet Page 68 of 69
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February 6, 2024
City Council
City of El Cerrito
10890 San Pablo Avenue
El Cerrito, CA 94530
RE: Agenda Item 9C, Facility Maintenance Budget Amendment Dear Mayor Rudnick and Council Members,
I would like to urge support for the electric boiler replacement option in the City Hall, as identified in the proposed budget amendment. To be consistent with the coming Climate Action and Adaptation Plan, all current and future facilities equipment replacements should prioritize electric replacement of gas appliances. It is not a sufficient financial comparison to say the gas boiler is $70K less without also presenting the ongoing operational cost differences, which are likely lower for the electric option. The electric “boiler” should be a high efficiency heat pump and not an option heavily reliant on less efficient electric resistance heating.

Likewise, I think it is important to include funding for EV charging stations at the Community Center and the Public Safety building parking lot. Ideally the Public Safety work should include more than just the conduit. It is important to begin supporting employee charging, as well as public charging within the city. The Federal Infrastructure and IRA funding should provide some grant opportunities to help pay for this EV infrastructure, in addition to the MCE funding that is already included.

Re-roofing the Community Center should include a consideration of providing for a future expanded solar panel array by installation of rack supports integrated into the roofing work at the time of re-roofing to provide better waterproofing and reduced costs for adding additional solar at the community center at a future time.

Thank you for your time and consideration,
Howdy Goudey
El Cerrito
Agenda Item No. 9.C.

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El Cerrito City CouncilFebruary 6, 2024

El Cerrito City Council
February 6, 2024