El Cerrito City Council
June 18, 2024

CaliforniaCityFinance.com
The Road Repair and Accountability Act directs the State Controller to allocate, on a monthly basis, fifty percent of the revenues in the RMRA to the State Highway Operation and Protection Program (SHOP) in the State Highway Account and half to cities and counties. But there are a series of specific program allocations, subject to appropriation in the annual state budget, to be taken out first:

1. Administrative costs.

2. $200 million for the State-Local-Partnership Program for existing and aspiring self-help jurisdictions.

3. $100 million annually for the Active Transportation Program for the purpose of encouraging increased use of active modes of transportation, such as biking and walking.

4. $400 million for state bridge and culvert maintenance and rehabilitation.

5. $25 million for the state’s Freeway Service Patrol program.

6. $5 million for five years through FY 2021-22 for pre-apprenticeship training programs of the California Workforce Development Board.

7. $25 million for local planning grants to encourage local and regional planning.

8. $7 million for transportation research and transportation-related workforce education, training, and development including $5 million to the University of California and $2 million to the California State University.

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Use of Funds: RMRA [Streets and Highways Code Section 2030] The use of RMRA local streets and roads funds is similar but, not identical, to HUTA use rules. Pursuant to Streets and Highways Code Section 2030, RMRA local streets and roads allocations must be used for projects “that include, but are not limited to,” the following
 Road maintenance and rehabilitation
 Safety projects
 Railroad grade separations
 Traffic control devices
 Complete street components, “including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and storm-water capture projects in conjunction with any other allowable project.”
RMRA funds may also be used to satisfy a match requirement for projects eligible for state or federal funds.

SB1 also contains non-obligatory intent language regarding the use of funds. “To the extent possible and cost effective,” cities and counties are to use a use:
 advanced recycling techniques that reduce greenhouse gas emissions;  automotive technologies, ZEV fueling, infrastructure-to-vehicle;  communications autonomous vehicle systems;
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 resiliency re climate change, fires, floods, sea level rise; and  complete street elements, access for bicycles, pedestrians.

If a city or county has an average Pavement Condition Index that meets or exceeds 80, the city or county may spend its RMRA funds on transportation priorities other than these. [Streets and Highways Code Sec 2037] Maintenance of Effort: RMRA [Streets and Highways Code Sec 2036] The Road Repair and Accountability Act contains a local agency maintenance of effort (MOE) requirement that applies to funds allocated through the RMRA. The Act states that the MOE requirement is to ensure that these new roads funds do not supplant existing levels of city and county general revenue spending on streets and roads. The MOE for the receipt of RMRA funds state that a city or county must maintain general fund spending for street, road, and highway purposes at no less than average of 2009–10, 2010–11, and 2011–12 years. In making this calculation an agency may exclude one-time funds. A city or county that fails to comply in a particular year may make it up with in additional expenditures in the following year.

The Act provides that the State Controller may perform audits to ensure compliance with these MOE rules. If the State Controller determines that a city or county has not met its MOE, the agency will be required to reimburse the state for the funds it received during that fiscal year. However, a city or county that fails to comply in a particular fiscal year may expend during that fiscal year and the following fiscal year a total amount that is sufficient to comply. Any funds withheld or returned as a result of a failure to comply will be reapportioned to the other counties and cities whose expenditures are in compliance.

For further guidance, see the State Controller’s “Guidelines Relating to Gas Tax Expenditures for Cities and Counties.”
Spending Plans and Reports: RMRA [Streets and Highways Code Sec 2034] The Road Repair and Accountability Act stipulates that, prior to receiving RMRA funds in a fiscal year, a city or county must submit to the California Transportation Commission (CTC) a project list pursuant to an adopted budget. The list must include for each project: description, location, schedule, useful life. [Streets and Highways Code Sec 2034(a)]
The Road Repair and Accountability Act also requires that a city or county submit to the CTC an annual report of project completion in order to receive RMRA funds. The report must include descriptions of all projects for which RMRA funds were expended including: description, location, funds expended, completion date, estimated useful life of the project.

There are no additional use or reporting requirements on Highway Users Tax Account funds (Streets and Highways Code Sec 2103-2107) or on the three year transportation loan repayment funds.

Budgeting and Accounting for RMRA Funds: The ~60 Day Delay The allocation of Road Maintenance and Rehabilitation Account (RMRA) revenues to cities and counties takes many weeks. It takes the State Controller’s Office roughly 30 to 60 days from the time of revenue collection by the state, through the various statutory set asides to distribute the funds to cities and counties in monthly allocations. Consequently, the estimates shown in this report are for revenues collected for July through June are not received on a cash basis by local agencies until September through August. That is, for example, the FY2022-23 figure for your agency is revenues collected in and for July 2022 through June 2023 but distributed in Agenda Packet Page 112 of 192

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monthly allocations September 2022 through August 2023. Cities and counties thus have two choices in the budgeting and accounting of RMRA revenues:
1) apply a 60 day accrual policy to RMRA funds (recommended); or 2) adjust RMRA budgets (especially in FY2017-18) to reflect a distributed cash basis.

Local Streets and Roads (HUTA and RMRA) Revenue Estimates for FY2023-24 and FY2024-25
We have computed revenue estimates for each city and county using a model reflecting the local allocation formulas, latest population figures used by the State Controller for allocations and estimates by the state Department of Finance (DOF) of statewide HUTA and RMRA tax revenues provided with the Governor’s May Revision to the Proposed 2024-25 Budget (released May 14, 2024) and analyses of SB1(Beall), The Road Repair and Accountability Act of 2017.

Fuel consumption was sharply down during the height of the COVID-19 pandemic but has largely recovered to its prior, slightly declining trajectory. Recently, fuel prices have increased steeply but the price of fuel no longer has a direct effect on local streets and roads revenues because all rates are per gallon, regardless of price.

Despite lower fuel consumption, scheduled rate increases stipulated in SB1 have kept local allocations of revenue growing at a modest pace. Total LSR allocations (including HUTA, TCRF, and RMRA) were up 6.7 percent in 2022-23. The Department of Finance projects total LSR allocations to cities and counties in 2023-24 will be 10.8 percent above the prior year. For the budget year FY2024-25, DOF estimates total statewide local streets and roads allocations will grow 4.0 percent.

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HUTA (Highway Users Tax Account)
Revenues allocated to cities and counties through HUTA under Sections 2103-2107 of the Streets and Highways Code are derived from per gallon rates. As described above, these rates are adjusted annually on July

1. Revenue changes depend on the combined effects of 1) these rate adjustments, 2) taxable gallonage, and 3) the relative change of statutory transfers including the “weight fee offset” that pays state transportation bond debt.

Statewide fuel consumption (gallons) had been relatively flat in recent years. The COVID-19 pandemic and related restrictions caused a steep decline in fuel consumption in the spring of 2020 but recovered rather rapidly after. Sec2103-2108 HUTA allocations (not including RMRA) grew 3.2 percent in FY2022-23 from the prior FY2021-22 year. DOF estimates 12.6 percent growth in current year, leveling off to 1.6 percent growth in budget year FY2024-25.

RMRA (Road Maintenance and Rehabilitation Account)5
The Road Repair and Accountability Act (SB1) taxes that provide funding to cities and counties through the RMRA began on November 1, 2017 when the new per-gallon fuel excise taxes took effect. On January 1, 2018, the new vehicle registration tax, the “Transportation Improvement Fee,” took effect. Cities, counties and other recipients of these revenues saw the first full year of these revenues in FY2018-19. A $100 zero emission vehicle registration tax (“Road Improvement Fee”) began on July 1, 2020.

DOF estimates FY2023-24 RMRA revenues will be 8.8 percent higher than FY2022-23 actuals and that FY2024- 25 revenues will grow by 6.8 percent over the current year.

Why does city/county RMRA growth differ from city/county HUTA growth? Under SB1, various fixed-amount statutory allocations are made from the new SB1 tax rates prior to the city and county allocations.

California Local Streets and Roads Program - State Funds to Cities and Counties 5 Note that RMRA revenues are delayed 60 days from collection to allocation. That is, the revenues for a July 1 to June 30 fiscal year are allocated September 1 through August 31. These are spendable in the fiscal year because your accounting staff “accrues” them back into your fiscal year.
-
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
FY12-13 FY13-14 FY14-15 FY15-16 FY16-17 FY17-18 FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 FY27-28 FY28-29 Millions
§2103
cities,
counties
§2104
counties
§2106
§2107
cities
estimated projected > > > > > > > > > > > > > > > > > > > > > > R.M.R.A.

TCRF loan
repayment
H.U.T.A.
§2105
cities,
counties
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Looking Ahead: Long Term Estimates of Local Streets and Roads Funding Post COVID-19 pandemic of 2020, we have seen modest year over year growth in local streets and roads revenues. In future years, as alternative fuel vehicles come more into use, fuel consumption will continue to decline. The SB1 annual cost of living adjustments will help to maintain revenues but we will see decline in revenue growth to below the rate of inflation.

Due to complicated statutory transfers from these revenues before the city and county allocations are made (including the $1.3 billion transfer for state transportation debt service), actual growth in funding allocated to cities and counties varies somewhat among the various categories of local streets and roads allocations and will not exactly mirror total tax collections. Taking all these factors into account, for the purposes of long-term transportation program planning, we estimate transportation allocations to cities and counties will increase in outyears at the following growth rates:

Your Mileage Revenues May Vary
Long-term, in addition to the growth in statewide local streets and roads revenue collections, the allocations to each particular city will be primarily related to changes in the city’s population relative to the change in state population in cities. The current forecast for California population, provided by the Demographics Unit of the California Department of Finance is as follows:6
If you think your city’s population growth will be significantly different from the statewide average in cities, then you should adjust accordingly. For example, the City of Buenavida’s planning department estimates the city will see average annual residential population growth of 1.5 percent annually over the next ten years. The city’s estimated HUTA 2105 allocation for FY2024-25 is $381,200. The long term projection of Section 2105 revenue would be:
$381,200 x Sec2105 growth x Buenavida Population Growth ÷ Statewide City Population Growth So, for 2025-26, the city would estimate $381,200 x 1.014 x 1.015 ÷ 1.000 = $392,449 6 See http://www.dof.ca.gov/Forecasting/Demographics/projections/ . California population in cities estimated by author based on recent historic trend of proportion of population in cities. 2025-26 2026-27 2027-28 2027-29
HUTA 2103 0.2% -1.4% -1.9% -3.0% -3.0%
HUTA 2104 1.4% 0.6% 0.5% 0.5% 0.5%
HUTA 2105 1.4% 0.6% 0.5% 0.5% 0.5%
HUTA 2106 3.4% 1.1% 0.9% 0.0% 0.0%
HUTA 2107 -8.6% 1.1% 0.9% 0.0% 0.0%
RMRA 4.6% 5.8% 5.6% 5.8% 5.0%
California 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Population 39,185,605 38,990,487 38,991,721 39,024,054 39,068,081 39,131,779 39,213,804 39,323,647 39,430,871 39,532,028 …... in Cities 32,713,003 33,118,970 33,120,018 33,182,482 33,219,919 33,274,082 33,343,828 33,437,229 33,528,402 33,614,417 percent change 1.24% 0.00% 0.19% 0.11% 0.16% 0.21% 0.28% 0.27% 0.26% 2032 2033 2034 2035 2036 2037 2038 2039 2040
Population 39,626,155 39,719,558 39,800,683 39,872,787 39,936,372 39,991,277 40,037,385 40,076,005 40,106,449 Population in Cities 33,694,454 33,773,875 33,842,856 33,904,167 33,958,234 34,004,920 34,044,126 34,076,965 34,102,852 percent change 0.24% 0.24% 0.20% 0.18% 0.16% 0.14% 0.12% 0.10% 0.08% Agenda Packet Page 115 of 192

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And long term …
Changes for in allocations to an individual county will be affected by many things including: the population of the county relative to the total population of the state, proportion of population in the unincorporated area of the county, as well as relative numbers of vehicle registrations, assessed values and maintained road miles. mjgc
ATTACHMENTS:

A) Local Streets and Roads - Projected Individual City Revenues – FY2023-24 B) Local Streets and Roads - Projected Individual City Revenues – FY2024-25 C) Local Streets and Roads - Projected Individual County Revenues – FY2023-24 (from CSAC) D) Local Streets and Roads - Projected Individual County Revenues – FY2024-25 (from CSAC) City of Buenavida EXAMPLE
2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 HUTA Sec2015 381,200 $
2105 growth 1.4% 0.6% 0.5% 0.5% 0.5% 0.5%
Buenavida pop 1.5% 1.5% 1.5% 1.5% 1.5% 1.5%
Cities pop 0.00% 0.19% 0.11% 0.16% 0.21% 0.28%
HUTA Sec2015 392,449 $ 399,932 $ 407,577 $ 415,075 $ 422,501 $ 429,758 $ Agenda Packet Page 116 of 192

ATTACHMENT A
Local Streets and Roads - Projected FY2023-24 Revenues
Based on State Dept of Finance statewide revenue projectionsEstimated May 2024 TOTAL Road Mntnc Sec2103 (5) Sec2105 (3) Sec2106 (3) Sec2107 (3) Sec2107.5 (4) HUTA Rehab Acct Highway Users Tax Acct (HUTA)(1) Streets & Highways Code TOTAL

CONTRA COSTA COUNTY
ANTIOCH 715,825 1,079,463 427,455 969,300 10,000 3,202,043 2,800,288 6,002,331 BRENTWOOD 400,028 603,242 240,994 541,679 7,500 1,793,442 1,564,898 3,358,340 CLAYTON 68,605 103,456 45,307 92,898 3,000 313,266 268,380 581,647 CONCORD 778,558 1,174,064 464,495 1,054,247 10,000 3,481,364 3,045,697 6,527,061 DANVILLE 270,749 408,289 164,662 366,622 6,000 1,216,321 1,059,162 2,275,483 EL CERRITO 160,853 242,566 99,775 217,812 6,000 727,006 629,253 1,356,260 HERCULES 163,061 245,895 101,078 220,801 6,000 736,835 637,889 1,374,724 LAFAYETTE 157,641 237,723 97,878 213,462 6,000 712,705 616,688 1,329,393 MARTINEZ 232,757 350,997 142,230 315,177 6,000 1,047,161 910,539 1,957,699 MORAGA 107,099 161,505 68,036 145,023 4,000 485,663 418,969 904,632 OAKLEY 279,002 420,735 169,535 377,797 6,000 1,253,069 1,091,448 2,344,517 ORINDA 121,038 182,526 76,266 163,898 4,000 547,729 473,498 1,021,227 PINOLE 117,405 177,046 74,121 158,978 4,000 531,550 459,284 990,834 PITTSBURG 472,757 712,916 283,936 640,160 7,500 2,117,269 1,849,409 3,966,678 PLEASANT HILL 213,987 322,693 131,147 289,761 6,000 963,588 837,112 1,800,701 RICHMOND 718,628 1,083,690 429,109 973,095 10,000 3,214,523 2,811,252 6,025,775 SAN PABLO 199,689 301,130 122,705 270,399 6,000 899,922 781,175 1,681,097 SAN RAMON 524,551 791,022 314,518 710,296 7,500 2,347,887 2,052,029 4,399,916 WALNUT CREEK 435,930 657,382 262,192 590,294 7,500 1,953,299 1,705,347 3,658,645

DEL NORTE COUNTY
CRESCENT CITY 41,843 63,099 24,832 56,659 2,000 188,432 163,687 352,119

EL DORADO COUNTY
PLACERVILLE 67,036 101,090 68,822 92,366 3,000 332,315 262,243 594,558 SOUTH LAKE TAHOE 132,851 200,339 131,678 2,135,307 5,000 2,605,175 519,708 3,124,883 20 May 2024 CaliforniaCityFinance.com Page 2 of 16
Agenda Packet Page 117 of 192

ATTACHMENT B
Local Streets and Roads - Projected FY2024-25 Revenues
Based on State Dept of Finance statewide revenue projectionsEstimated May 2024 TOTAL Road Mntnc Sec2103 (5) Sec2105 (3) Sec2106 (3) Sec2107 (3) Sec2107.5 (4) HUTA Rehab Acct TOTAL Highway Users Tax Acct (HUTA)(1) Streets & Highways Code

CONTRA COSTA COUNTY
ANTIOCH 728,698 1,089,077 435,497 993,756 10,000 3,257,027 2,989,896 6,246,924 BRENTWOOD 407,222 608,614 245,488 555,345 7,500 1,824,169 1,670,858 3,495,027 CLAYTON 69,839 104,377 46,078 95,242 3,000 318,536 286,553 605,089 CONCORD 792,559 1,184,520 473,242 1,080,845 10,000 3,541,167 3,251,922 6,793,089 DANVILLE 275,618 411,925 167,704 375,871 6,000 1,237,118 1,130,878 2,367,996 EL CERRITO 163,746 244,727 101,582 223,307 6,000 739,362 671,860 1,411,222 HERCULES 165,993 248,085 102,910 226,372 6,000 749,360 681,081 1,430,441 LAFAYETTE 160,476 239,840 99,649 218,848 6,000 724,813 658,444 1,383,258 MARTINEZ 236,943 354,123 144,845 323,129 6,000 1,065,039 972,192 2,037,231 MORAGA 109,025 162,944 69,239 148,682 4,000 493,890 447,337 941,227 OAKLEY 284,020 424,482 172,670 387,329 6,000 1,274,500 1,165,350 2,439,850 ORINDA 123,215 184,151 77,626 168,033 4,000 557,026 505,559 1,062,585 PINOLE 119,516 178,623 75,440 162,989 4,000 540,568 490,382 1,030,950 PITTSBURG 481,258 719,265 289,247 656,311 7,500 2,153,582 1,974,634 4,128,216 PLEASANT HILL 217,836 325,566 133,552 297,071 6,000 980,025 893,794 1,873,819 RICHMOND 731,551 1,093,341 437,183 997,646 10,000 3,269,722 3,001,603 6,271,325 SAN PABLO 203,280 303,812 124,948 277,221 6,000 915,260 834,069 1,749,329 SAN RAMON 533,984 798,067 320,411 728,216 7,500 2,388,179 2,190,973 4,579,152 WALNUT CREEK 443,770 663,237 267,090 605,187 7,500 1,986,783 1,820,816 3,807,600

DEL NORTE COUNTY
CRESCENT CITY 42,595 63,660 25,213 58,089 2,000 191,557 174,770 366,328

EL DORADO COUNTY
PLACERVILLE 68,242 101,991 70,041 93,572 3,000 336,845 280,000 616,846 SOUTH LAKE TAHOE 135,240 202,123 134,092 1,627,775 5,000 2,104,231 554,898 2,659,129 20 May 2024 CaliforniaCityFinance.com Page 2 of 16
Agenda Packet Page 118 of 192

AGENDA BILL
Agenda Item No. 7.F.

Date: June 18, 2024
To: El Cerrito City Council
From: Karen Pinkos, City Manager, City Management
Subject: Resolution to Join Green Empowerment Zone

ACTION PROPOSED
Adopt a resolution authorizing the City of El Cerrito to participate in meetings of the Green Empowerment Zone.

BACKGROUND/ANALYSIS
Assembly Bill 844 authorized the establishment of the Green Empowerment Zone (GEZ) for the Northern Waterfront area of the County of Contra Costa. The goal of the GEZ is to bring together a diverse group of stakeholders to discuss programs to improve economic vitality within the Northern Waterfront area of Contra Costa County, and “to build upon the comparative advantage provided by the regional concentration of highly skilled energy industry workers by prioritizing access to tax incentives, grants, loan programs, workforce training programs, and private sector investment in the renewable energy sector.” The aim is to identify boundaries to green sector jobs and to propose solutions with a focus on environmental justice. The GEZ was formed to make recommendations to the Governor that would improve the economic well‐being of the region and the quality of life of its residents. The GEZ is required to create and maintain an internet website that is managed and updated by an entity designated by the board of directors, produce a report each year that includes recommendations for action by the Legislature and the progress of the Zone, and post the report on its internet website.

The GEZ is partnering with the UC Berkeley Labor Center to conduct foundational research, to support stakeholder engagement and technical assistance, and to make policy recommendations to support the Green Empowerment Zone.

The City of El Cerrito was added to the Green Empowerment Zone boundaries as of the GEZ meeting on April 19, 2024. This means that the City now has the option to participate; to do so, the City must pass a resolution authorizing the City to participate in GEZ meetings. The Mayor is proposed to act as the City's representative to the Board of Directors, who would be required to attend regular meetings. Meetings are held the third Friday of every other month at 9:30 a.m., and the next meeting is June 21, 2024.

At this time, joining the GEZ does not require the City to commit to any specific position or funding.

Agenda Packet Page 119 of 192
Agenda Item No. 7.F.

STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal(s) of:
• Environmental Sustainability.

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

FINANCIAL CONSIDERATIONS
At this time, there is no funding commitment required from the City to participate in the Green Empowerment Zone.

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

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution

2. Bill Text - AB-844
Agenda Packet Page 120 of 192
RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY OF EL CERRITO AUTHORIZING THE CITY TO

PARTICIPATE IN THE GREEN EMPOWERMENT ZONE FOR THE NORTHERN

WATERFRONT AREA OF THE COUNTY OF CONTRA COSTA
WHEREAS, Assembly Bill 844 authorized the establishment of the Green Empowerment Zone for the northern waterfront area of the County of Contra Costa; and WHEREAS, the purpose of the Green Empowerment Zone is to build upon the comparative advantage provided by the regional concentration of highly skilled energy industry workers by prioritizing access to tax incentives, grants, loan programs, workforce training programs, and private investment in the renewable energy sector; and WHEREAS, the geography of the Green Empowerment Zone extends to the territories of the cities of Antioch, Benicia, Brentwood, Concord, Hercules, Martinez, Oakley, Pittsburg, and Vallejo, and the unincorporated areas of the County of Contra Costa north of State Highway 4; and
WHEREAS, Government Code section 7599.100 authorizes the cities of Antioch, Benicia, Brentwood, Concord, Hercules, Martinez, Oakley, Pittsburg, and Vallejo to participate in the Green Empowerment Zone upon the adoption of a resolution by the legislative body of each city; and
WHEREAS, the Green Empowerment Zone Board of Directors on April 19, 2024, voted to change the geography of the Green Empowerment Zone to include the City of El Cerrito.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of El Cerrito hereby resolves as follows:

1. The City Council authorizes the City of El Cerrito to participate in the Green Empowerment Zone.

2. The Mayor of El Cerrito is appointed to a two-year term as the City’s representative on the Green Empowerment Zone Board of Directors, pursuant to Government Code section 7599.101(b)(1).

I CERTIFY that at a regular meeting on June 18, 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:

Agenda Packet Page 121 of 192
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 122 of 192
SHARE THIS: Date Published: 09/29/2021 02:00 PM
AB-844 Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa. (2021 Assembly Bill No. 844
CHAPTER 377
An act to add and repeal Chapter 34 (commencing with Section 7599.100) of Division 7 of Title 1 of the Government Code, relating to local government.
[ Approved by Governor September 28, 2021. Filed with Secretary of State September 28, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 844, Grayson. Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa.

Existing law establishes procedures for the formation of infrastructure financing districts, enhanced infrastructure financing districts, infrastructure and revitalization financing districts, community revitalization and investment authorities, and publicprivate partnerships, as specified, to undertake various economic development projects, including financing public facilities and infrastructure, affordable housing, and economic revitalization.

This bill, until January 1, 2028, would authorize establishment of a Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa. The bill would authorize the Green Empowerment Zone to be composed of specified cities, upon adoption of a resolution by the city or county, and would provide for the Green Empowerment Zone to be governed by a board of directors. The bill would task the Green Empowerment Zone with various duties, including, among other things, identification of projects and programs that will best utilize public dollars and improve the economic vitality of the Northern Waterfront area of the County of Contra Costa in a coordinated effort to support the development of the clean energy economy.

The bill would require the Green Empowerment Zone to create and maintain an internet website that is managed and updated by an entity designated by the board of directors, produce a report each year that includes recommendations for action by the Legislature and the progress of the zone, and post the report on its internet website, as specified.

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Contra Costa Vote: majority Appropriation: no Fiscal Committee: no Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Chapter 34 (commencing with Section 7599.100) is added to Division 7 of Title 1 of the Government Code, to read:

CHAPTER 34. Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa 7599.100. (a) A Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa may be established.

The geography of the zone shall extend to the territories of the cities listed in subdivision (c) and the unincorporated areas of the County of Contra Costa north of State Highway 4. The board of directors may, by majority vote, change the geography of the Green Empowerment Zone.
(b) The purpose of the Green Empowerment Zone is to build upon the comparative advantage provided by the regional concentration of highly skilled energy industry workers by prioritizing access to tax incentives, grants, loan programs, workforce training programs, and private sector investment in the renewable energy sector. (c) The Green Empowerment Zone may include all of the following cities and the county upon the adoption of a resolution by the legislative body of each city and county that states the intent of the city or county to participate in the Green Empowerment Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Agenda Packet Page 123 of 192
Zone:
(1) The City of Antioch.
(2) The City of Benicia.
(3) The City of Brentwood.
(4) The City of Concord.
(5) The City of Hercules.
(6) The City of Martinez.
(7) The City of Oakley.
(8) The City of Pittsburg.
(9) The City of Vallejo.
(10) The County of Contra Costa.
(d) The board of directors may vote to include additional jurisdictions in the membership of the Green Empowerment Zone. 7599.101. (a) The Green Empowerment Zone shall be governed by a board of directors. (b) The Green Empowerment Zone shall be comprised of representatives from seven stakeholder groups who shall serve as voting directors, as follows:
(1) Ten local government directors, one from each of the cities and the county set forth in subdivision (c) of Section 7599.100 that have adopted a resolution expressing its intent to participate in the Green Empowerment Zone. Each city and county shall select one representative who shall serve a two-year term. (2) Five large employer directors, located within one or more cities or the county listed in subdivision (c) of Section 7599.100.

Each of the five largest private employers in the fields of energy or manufacturing within the area of the Green Empowerment Zone shall select a representative who will serve a two-year term. Employer size shall be based upon data from the local workforce board.
(3) (A) Four state government directors who each shall be a resident of one of the cities or the county listed in subdivision (c) of Section 7599.100, and who also serve on one of the following state agencies or commissions:
(i) The State Air Resources Board.
(ii) The California Transportation Commission.
(iii) The California Workforce Development Board.
(iv) The California Energy Commission.
(B) Each board or commission shall select a representative to the Green Empowerment Zone who shall serve a two-year term.
(C) If the board is unable to identify a sufficient number of individuals who meet the residential and service qualifications for membership as a state government representative described in subparagraph (A), it may waive either or both by a majority vote.
(4) Five small business and economic development directors who shall represent existing economic and business development organizations that serve the cities or the county listed in subdivision (c) of Section 7599.100. These small business and economic development representatives shall be nominated by the Association of Bay Area Governments and confirmed by the board to serve two-year terms.
(5) Five directors from universities, laboratories, and foundations with specialized expertise and knowledge of green energy who shall, upon agreement by the regents, be nominated by the Office of the President of the University of California and confirmed by the board. These university, laboratory, and foundation representatives shall serve two-year terms. (6) Five directors representing the five largest private sector organized labor organizations whose membership works in the cities and the county listed in subdivision (c) of Section 7599.100. Each union shall select its own representative to the Green Empowerment Zone board who shall each serve a two-year term. (7) Five directors representing workforce development and public and private educational entities that serve cities or the county listed in subdivision (c) of Section 7599.100, at least one of whom shall be a representative from the California State University and at least one of whom shall be a representative from the California Community Colleges. These workforce development and education representatives shall be nominated by the Association of Bay Area Governments and confirmed by the board to serve two-year terms.

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(8) Confirmation of a nominee for membership on the board of directors shall be by majority vote of the sitting members of the board.
(c) Every Member of the Legislature and of the United States Congress that represents a city listed in subdivision (c) of Section 7599.100 shall be ex officio voting members of the board of directors. (d) A board chair and two deputy chairs shall be selected by a majority vote of the board. The chair and deputy chairs shall serve two-year terms. An individual may serve as chair or deputy chair more than once, however, they shall not serve consecutive terms. The chair and deputy chairs shall be chosen from among the following:
(1) One member shall be a Member of the Legislature who represents one or more of the cities or the county listed in subdivision (c) of Section 7599.100.
(2) One member shall be a representative from a local agency in a city or county listed in subdivision (c) of Section 7599.100. (3) One member shall be a representative whose residence and place of employment is within one or more of the cities or the county listed in subdivision (c) of Section 7599.100.
(e) The Green Empowerment Zone shall also have an executive board comprised of the chair, deputy chairs, and up to seven members of the board of directors selected by a majority vote of the board of directors. (f) The members of the board of directors shall serve without compensation. (g) A member of the board of directors, including the chair, shall, upon identifying a conflict of interest, or a potential conflict of interest, regarding a matter before the board of directors of the Green Empowerment Zone, immediately and before consideration of the matter, do all of the following:
(1) Provide written notice to the chair regarding the interest that gives rise to the conflict of interest or potential conflict of interest. In the case of the chair, written notice shall be give to one of the deputy chairs. (2) Recuse themselves from discussing or voting on the matter. (3) Leave the meeting room until after discussion, vote, and any other consideration of disposition of the matter is concluded. (h) A member of the board of directors shall not use the name of the Green Empowerment Zone on any letterhead, business code, or identification badge unless the person has been authorized to do so by the board of directors. 7599.102. The Green Empowerment Zone shall have the following duties:
(a) Identification of projects and programs that will best utilize public dollars and most quickly improve the economic vitality of the Northern Waterfront area of the County of Contra Costa, especially those that leverage federal, state, local, and private sector resources in a coordinated effort to support the development of the clean energy economy. (b) Work with members of the state’s congressional delegation and federal official, including any relevant federal interagency task force, to gain federal support for projects identified by the zone as critical to the region‘s energy economy. (c) Partner with the University of California, the California State University, community colleges, and the state’s other research and educational institutions, as well as private foundations, to provide guidance, advice, and encouragement in support of studies of particular interest and importance to the energy industry in the Northern Waterfront area of the County of Contra Costa.
(d) Review state policies and regulations to ensure they are fair and appropriate for the state’s diverse geographic regions, including the Northern Waterfront area of the County of Contra Costa, and determine whether alternative approaches can accomplish goals in less costly ways.
(e) Make recommendations to the Governor that would improve the economic well-being of the region and the quality of life of its residents.
(f) Create and maintain an internet website that is managed and updated by an entity designated by the board of directors. 7599.103. (a) The board shall appoint a steering committee that, on or before January 1, 2023, shall develop metrics that shall be reported to the Legislature and state departments and agencies gauging the progress of the zone that shall include, but not be limited to, all of the following:
(1) The number of jobs gained and lost in each sector of the economy. (2) The average wage of the jobs gained in each sector of the economy. (3) The number and types of grants solicited and received by, or on behalf of, the zone. (4) The type and amount of workforce training conducted in the zone, by whom it was provided, and the amount of capital investment attached to provision of that training.

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(b) Commencing on January 1, 2023, and on or before January 1 of each year thereafter, the Green Empowerment Zone shall post the report described in subdivision (a) on its internet website and submit a letter to the Legislature informing the Legislature that the report has been posted.
7599.104. This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed.

SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances and challenges relating to economic development in the County of Contra Costa.

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AGENDA BILL
Agenda Item No. 7.G.

Date: June 18, 2024
To: El Cerrito City Council
From: A’shanti Coleman, Management Assistant; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Subject: Consulting Services Agreements for On-Call Engineering and Project Management Services

ACTION PROPOSED
Adopt a resolution authorizing the City Manager to execute consulting services agreements with three firms, Kimley-Horn and Associates, Pakpour Consulting Group, Nichols Consulting Engineers (NCE) to provide On-call Engineering and Project Management services for three years with options to extend for an additional two years in an amount not to exceed $250,000 per fiscal year for each agreement.

BACKGROUND
The City regularly requires the services of consulting firms to provide a range of engineering and project management services. The type of work performed by these firms varies in scope and duration. The work may be an urgent, short-term assignment or may be part of a larger capital or planning project. As a result, on-call agreements with multiple consultant firms are appropriate to allow for prompt procurement of services as needs arise and to cover a variety of specialties.

In 2018, after undertaking a Request for Qualifications (RFQ) process, the City entered into on-call agreements with four firms, Parisi-CSW Design Group, BKF Engineers, Avila Project Management, and Coastland Engineering (Resolution No. 2018-34). Each agreement was an initial term of three years with an option to extend for two additional years in an amount not to exceed $200,000 per fiscal year. The Parisi-CSW Design Group was a joint venture that began its dissolution in 2021. The option to extend the contract term was exercised for the remaining three firms.

In early 2023, the City Council authorized the City Manager to execute amendments to contracts with BKF Engineers, Avila Project Management, and Coastland Engineering, extending their contracts for an additional year through May 2024 and adding $250,000 to Avila Project Management’s contract in Fiscal Year (FY) 2022-23 to provide additional consulting services necessary because of City staff vacancies (Resolution 2023-02). This was to provide staff with sufficient time to release a new RFQ to refresh the list of qualified consultant firms to provide on-call services.

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Agenda Item No. 7.G.

ANALYSIS
RFQ Process
City staff released an RFQ for On-Call Engineering & Project Management Services on February 21, 2024.Consultants were invited to submit a Statement of Qualifications (SOQ) demonstrating their ability to perform services in some, or all, of the following specialized categories:
• Complete Streets
• Accessibility Modifications
• Pavement Management
• Storm Drain Infrastructure
• New Development & Redevelopment Stormwater Management/Green Infrastructure
• Erosion and Sediment Control/Stormwater Construction Site Control • City Building and Facilities
• Park and Landscape Facilities
• Private Development Review
• Utility Coordination and Permitting
• Master Planning and Budgeting
The type of services to be performed by a selected consultant include design development and cost estimating, preparation of plans, specifications and estimates, feasibility evaluation and alternative analysis, management and monitoring of capital improvement projects and associated grants, and review of land development plans, among other engineering support and staff augmentation services.

The availability of the RFQ was posted on the City’s website and emailed to 66 firms on the City’s consultant list. Fourteen SOQs were submitted by the due date of April 18, 2024. City staff reviewed the SOQs based on the following evaluation criteria as listed in the RFQ:
• Presentation, completeness, clarity, organization, and conformance to the RFQ requirements (10%)
• Understanding and approach (30%)
• Qualifications and experience (40%)
• References (20%)
Six firms emerged as the most qualified to provide the required services: Pakpour Consulting Group, BKF Engineers, CSW/Stuber-Stroeh Engineering Group (CSW), NCE, Avila Project Management, and Kimley-Horn and Associates, Inc. All six firms possess several key or all requested areas of expertise and have demonstrated experience handling on-call services for municipalities.

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Agenda Item No. 7.G.

Recommended Agreements
City staff are recommending that the City enter into agreements with six firms, two more than the prior RFQ process, to cover the number and variety of upcoming projects and engineering services. The agreements are to be based on the City’s standard agreement and crafted as a master agreement, with specific scope of services, schedule, and cost to be determined on a task order basis.

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

BKF Engineers, CSW/Stuber-Stroeh Engineering Group (CSW), and Avila Project Management, accepted the terms of the City’s standard agreement and City Council authorized the City Manager to execute consulting agreements with these three firms on June 4, 2024 (Resolution 2024-36). The remaining three firms, Kimley-Horn and Associates, Pakpour Consulting Group, and NCE, had requested changes to the standard agreement, which at that time were still under review by the City Attorney. The City Attorney has now approved limited changes to the agreements and City staff requests that the City Council authorize the City Manager to enter into agreements with these firms.

As in prior years, each agreement has an initial term of three years with an option to extend it by two additional years. This length of time allows the City and the respective consultants to deliver projects and programs, efficiently and effectively, to better serve the City’s residents, businesses, and other stakeholders. The firms have submitted billing rate sheets for the various skill levels listed in their SOQs along with other charge conditions such as direct costs and mileage, which will be incorporated into their agreements.

STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal(s) of:
• High Performing Organization; and
• Infrastructure and Amenities.

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

FINANCIAL CONSIDERATIONS
Each on-call agreement will have a not-to-exceed limit of $250,000 per fiscal year.

However, an executed agreement does not guarantee any task orders will be issued, and a firm will only perform work that has been approved in a task order.

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Agenda Item No. 7.G.

Each task order will be subject to funding available for a specific project in the Capital Improvement Program or department operating budgets, which are both approved by the City Council as part of the annual budget.

LEGAL CONSIDERATIONS
The City Attorney has reviewed the proposed action and found that legal considerations have been addressed. The City Attorney will also review and approve the final form of the consulting services agreements.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution
Agenda Packet Page 130 of 192
RESOLUTION 2024-XX

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

THE CITY MANAGER TO EXECUTE CONSULTING SERVICES AGREEMENTS WITH

KIMLEY-HORN AND ASSOCIATES, PAKPOUR CONSULTING GROUP, AND

NICHOLS CONSULTING GROUP (NCE) TO PROVIDE ON-CALL ENGINEERING AND

PROJECT MANAGEMENT SERVICES
WHEREAS, the City regularly requires the services of consulting firms to provide a range of engineering and project management services; and WHEREAS, it is customary for a city to enter into one or more agreements for these services on an as-needed basis; and
WHEREAS, the City released a Request for Qualifications (RFQ) for On-Call Engineering & Project Management Services on February 21, 2024; and WHEREAS, the RFQ was posted on the City’s website and emailed to 66 firms on the City’s consultant list; and
WHEREAS, fourteen firms submitted Statement of Qualifications (SOQs) by the due date of April 18, 2024; and
WHEREAS, City staff evaluated the SOQs based on the criteria listed in the RFQ, and six firms emerged as the most qualified firms to provide the services that are anticipated to be needed by the City; and
WHEREAS, three of the six firms, BKF Engineers, CSW/Stuber-Stroeh Engineering Group (CSW), and Avila Project Management, accepted the terms of City’s standard agreement and City Council authorized the City Manager to execute consulting agreements with these three firms; and
WHEREAS, the remaining three, Pakpour Consulting Group, Nichols Consulting Engineers (NCE), and Kimley-Horn and Associates, Inc. had requested changes to the terms of the standard agreement; and
WHEREAS, the City Attorney has reviewed and approved limited changes to the agreements; and
WHEREAS, once agreements are executed and needs arise, one or more of the firms will be asked to propose on the scope, schedule, and fee for an individual task and, once a proposal is agreed upon, the Public Works Director will issue a task order and work will begin; and
WHEREAS, the agreed upon proposal for each task order will be subject to funding available in the Capital Improvement Program or department operating budgets.

Agenda Packet Page 131 of 192
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that it hereby authorizes the City Manager to execute consulting services agreements with Kimley-Horn and Associates, Pakpour Consulting Group, NCE to provide on-call engineering and project management services for three years with options to extend for an additional two years in an amount not to exceed $250,000 per fiscal year for each agreement.

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

I CERTIFY that at a regular meeting on June 18, 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 132 of 192

AGENDA BILL
Agenda Item No. 8.A.

Date: June 18, 2024
To: El Cerrito City Council
From: Traviss Crumpacker, Fire Prevention Officer; Chase Beckman, Fire Marshal, Fire Department
Subject: Fire Hazard Abatement

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

BACKGROUND
Following the Oakland/Berkeley Hills Fire in October 1991, El Cerrito needed a comprehensive citywide program to reduce hill area fire hazards in the City. The "fire storm" in the Oakland/Berkeley Hills was in fact an urban conflagration, fueled by vegetation among homes and large acreage properties that was driven by seasonally strong dry winds from the east. The fire destroyed over 3,000 dwellings. At the time of the Oakland/Berkeley Hills Fire, El Cerrito faced similar fire hazard conditions in its hill area. The City Council was determined to reduce those fire hazards by all reasonable means.

El Cerrito's comprehensive fire hazard reduction program focused upon reducing fire hazards in four areas: (1) on City property, (2) on property owned by other agencies (3) large landowners and (4) on residential property. The City began a comprehensive planning process to reduce fire hazards on City property, other agencies’ properties and large landholders. These property owners were approached about reducing fire hazards on their properties. Prior efforts at fire hazard reduction on private residential property relied on voluntary compliance by the owners. The City Council concluded that stronger measures were necessary to enforce the laws regarding abatement of fire hazards on residential private property.

The Fire Hazard Abatement Program is designed to reduce fire hazards on a large number of private properties during the spring and early summer months. A process of advance notice and hearings for property owners is coupled with a public education program involving the promulgation of standards for vegetation management in residents’ yards and vacant lots.

This program seeks to remove weeds, rubbish, litter or other flammable material from private properties where such flammable material endangers the public safety by Agenda Packet Page 133 of 192
Agenda Item No. 8.A.
creating a public nuisance and a fire hazard.

Most property owners voluntarily abate these hazards without Fire Department involvement. However, we anticipate that a small number of owners are content to have the City do the work and place the costs on their tax bill. For 30 years, the City’s annual Fire Hazard Abatement Program has been very successful in reducing fire hazards throughout the hill neighborhoods of El Cerrito. Indeed, this program has become a model program which other fire jurisdictions have borrowed from.

ANALYSIS
Beginning in May of this year, the Fire Department conducted Citywide fire hazard inspections of all properties. The inspections began on May 4, 2024 and have continued due to re-growth and citizen complaints. As a result of the on-going inspections, a list of properties containing public nuisances was generated, which continues to be amended as additional properties are identified. Between May 8th and 10th, the identified properties determined to be in violation of El Cerrito Municipal Code Chapter 16.26 were notified in writing of the hazards on their property and to abate those hazardous conditions. The El Cerrito Vegetation Management Standards Checklist was included with the notification (Attachment 6). Additionally, these property owners were informed in the letter from the Fire Marshal (Attachment 4) of the time, date, and location of the upcoming City Council meeting where their properties would be declared a public nuisance and abatement would be ordered. Property owners were directed to complete the necessary measures to bring their property into compliance prior to the second round of the re-inspection process which began in June and continued through the date of the June 18, 2024 meeting. Only those properties that were not voluntarily abated with the first notice are contained within the Master Abatement List, Exhibit A to the proposed Resolution (List of Properties.)
This public hearing is the next step in the process to eliminate hazards on private properties that were identified as a public nuisance and have not voluntarily abated said violations. In order to achieve full compliance, the City Council is asked to declare the properties to be a public nuisance and direct the City Manager or their designee to abate such public nuisance conditions. Actual City-ordered abatement of fire hazards occurs only after all efforts at providing notice, information, and a public hearing have failed to induce voluntary compliance by the property owner.

The Fire Hazard Abatement process, under the direction of the Fire Department, should proceed according to El Cerrito Municipal Code Chapter 16.26, which specifies the following:

1. The Fire Department determines that hazards must be abated. Pursuant to these code sections, "hazards" are defined as weeds, rubbish, litter, or other flammable materials which create a fire hazard or are otherwise noxious or dangerous and which exist on specific parcels of property within the City.

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Agenda Item No. 8.A.

2. The Fire Department shall post notice on each property or send notice /by mail that the El Cerrito Fire Department has determined the existence of a public nuisance which must be abated and that a hearing will be held to consider any objections prior to the City Council declaring the properties to be a public nuisance and ordering the City Manager or their designee to perform abatement.

3. At the June 18, 2024 City Council meeting, the City Council shall first adopt a resolution Declaring that Weeds, Rubbish, Litter, or Other Flammable Material on Certain Real Property Constitutes a Public Nuisance (Attachment 1 and 2).

4. At the same hearing, but after adoption of the first resolution, the City Council shall hear and consider all objections to declaration of public nuisances or the procedures proposed for abatement of the same. After the hearing, the Council shall adopt a resolution Overriding Objections by Property Owners and Ordering the City Manager or their Designee to Abate Certain Public Nuisances Pursuant to Chapter 16.26 (Attachment 3).

5. At the conclusion of the June 18, 2024 hearing, a second and final notice shall be sent to each property owner prior to abatement (Attachment 7). This notice will order the immediate abatement of nuisance conditions. This notice will clearly state that if nuisance conditions are ignored, the City shall cause abatement and costs for removal will be assessed against the property as a lien and special assessment. It will also indicate that if the conditions are voluntarily abated, the property shall be removed from the process.

6. If the nuisance is not abated between June 19, 2024 and July 15, 2024, prior to the arrival of the hazard abatement crew, the City of El Cerrito shall cause the weeds, rubbish, refuse, and other flammable material to be removed and shall keep an account of the cost of abatement for each parcel of land where such work is performed according to the City Council adopted Fire Department Master Fee Schedule.

7. At the August 20, 2024 City Council meeting the City Manager or their designee shall submit to the City Council for confirmation an itemized written report showing the cost of abatement work performed. A copy of this report shall be posted for at least ten (10) days prior to its submission to the City Council. Each property owner upon whose property abatement work was performed shall be sent written notice by mail of a hearing by the City Council to consider the cost of abatement work performed on their property.

8. At the City Council Meeting on August 20, 2024, the City Council shall receive and consider the written staff report on abatement actions taken by the City and shall hear any objections from the property owners liable to be assessed for the abatement. The City Council may modify the staff report if deemed appropriate and then confirm the report by motion or resolution.

9. After City Council confirmation of the report, a certified copy of the report shall be filed with the Contra Costa County auditor who shall add the amount of the assessment to the next regular tax bill levied against the parcel.

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Agenda Item No. 8.A.

STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal(s) of:
• High Performing Organization; and
• Community Safety.

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

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

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

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution (Declaring Public Nuisance)

2. Exhibit A to Resolution (List of Properties)

3. Resolution (Overriding Objections)

4. First Letter from Fire Marshal

5. Abatement Inspection Form

6. Vegetation Management Standards Checklist

7. Second Letter from Fire Marshal
Agenda Packet Page 136 of 192
RESOLUTION NO. 2024 - XX

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

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

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

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

BE IT FURTHER RESOLVED that on this same date of June 18, 2024 at 6:00 P.M., or as soon thereafter as the matter may be considered, in the City of El Cerrito, the City Council shall hold a hearing at which owners of the real property identified in Exhibit A hereto may object to the designation of their properties as public nuisances and object to the abatement actions proposed by the City.

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

I CERTIFY that at a regular meeting on June 18, 2024 the El Cerrito City Council passed this resolution by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

IN WITNESS of this action, I sign this document and affix the corporate seal of of the City of El Cerrito on .
_________________________
Holly M. Charléty, City Clerk
APPROVED:
_________________________
Tessa Rudnick, Mayor
Agenda Packet Page 137 of 192

EXHIBIT A
As of 6/10/24
City of El Cerrito Fire Department
List of Real Property Constituting Public Nuisances
APN Street Address
505-262-043-1 812 Contra Costa Dr.
505-222-009-1 906 Shevlin Dr.
505-021-005-2 7254 Cutting Blvd
505-421-010-8 1557 Arlington Blvd
505-351-018-5 1101 Arlington Blvd
505-422-007-3 1522 Madera Ct
505-421-014-0 1638 Julian Dr
505-272-017-3 8363 Terrace Dr
505-222-003-4 932 Shevlin Dr
505-261-008-5 864 Shevlin Dr
505-221-045-6 956 Seaview Dr
Agenda Packet Page 138 of 192
RESOLUTION NO. 2024 - XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO OVERRIDING

OBJECTIONS BY PROPERTY OWNERS AND ORDERING THE CITY MANAGER OR

DESIGNEE TO ABATE CERTAIN PUBLIC NUISANCES PURSUANT TO CHAPTER

16.26 WHEREAS, El Cerrito Municipal Code Chapter 16.26 provides a method by which a local legislative body may abate on private property public nuisance conditions relating to weeds, rubbish, litter or other flammable material that creates a fire hazard, a menace to the public health or which is otherwise noxious or dangerous; and WHEREAS, the City of El Cerrito Fire Marshal has identified certain real property, by street name, lot and block number, on which the presence of weeds, rubbish, litter or other flammable material creates a fire hazard, a menace to the public health or which is otherwise noxious or dangerous as defined in Chapter 16.26 of the El Cerrito Municipal Code and therefore constitutes a public nuisance; and WHEREAS, on June 18, 2024, pursuant to El Cerrito Municipal Code Section

16.26.160 and Government Code Sections 39560-39588, the City Council adopted Resolution 2024-XX declaring that certain real property within the City constitutes a public nuisance; and
WHEREAS, El Cerrito Municipal Code Chapter 16.26 provides that notice shall be sent to owners of the real property declared a nuisance pursuant to Resolution 2024- XX providing those owners with the following: description of the nuisance; explanation of how the nuisance must be abated; explanation that if the nuisance is not abated; the City shall abate the public nuisance and the cost of abatement shall be assessed against the property as a special assessment; and informing the owners that the City Council shall hold a hearing at a certain date, time, and place at which the owners may present objections to the designation of their properties as public nuisances or to the proposed abatement of the nuisance; and
WHEREAS, between May 8 and 10, 2024, the City’s Fire Department sent written notice to those property owners describing the weeds, rubbish, refuse, or other flammable material that presented a fire hazard and public nuisance; explaining that the Fire Department had determined a public nuisance that must be removed; informing the owners that if they did not abate by June 10, 2024, the City Council would hold a hearing on June 18, 2024 at which the owners could present objections to the declaration of the nuisance or the proposed abatement measures and further explained the City could abate the nuisance and collect the costs as an assessment on the property; and WHEREAS, after initial inspections prior to the June 10, 2024 deadline, an additional notice was sent to the 10 properties that were not in compliance to inform them of the correct time of the public hearing.

WHEREAS, on June 18, 2024, the City Council adopted Resolution 2024-XX confirming the nuisance declarations of the City Fire Department and declaring a public Agenda Packet Page 139 of 192
nuisance on certain real property pursuant to Chapter 16.26; and WHEREAS, El Cerrito Municipal Code Section 16.26.160 and Government Code Sections 39560-39588 provide that after adoption of a resolution declaring a public nuisance and notice to affected property owners of the Council's hearing of objections, the Council may overrule any objections and order the City Manager or their designee to abate the public nuisances.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that it overrides any objections by owners of that certain real property on which public nuisances were declared in Resolution 2024-XX, including Exhibit A attached thereto (adopted on the same date herewith).

BE IT FURTHER RESOLVED that the City Manager and their designee is hereby ordered to abate the public nuisances by having the weeds, rubbish, refuse, dirt, or other fire hazard or noxious or dangerous materials removed.

BE IT FURTHER RESOLVED that pursuant to El Cerrito Municipal Code Section 16.26.160 and Government Code Section 39574, the City Manager or their designee shall keep an account of the cost of abatement for each parcel of land on which work is performed. The City Manager or their designee shall then prepare an itemized written report to be presented to the City Council so that, after the notice and hearing during the City Council meeting of August 20, 2024 these abatement costs can be confirmed as a special assessment against those parcels.

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

I CERTIFY that at a regular meeting on June 18, 2024 the El Cerrito City Council passed this resolution by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on ______________.
_________________________
Holly M. Charléty, City Clerk
APPROVED:
______________________
Tessa Rudnick, Mayor
Agenda Packet Page 140 of 192
Agenda Item No. 8.A.

Attachment 4

EL CERRITO-KENSINGTON FIRE DEPARTMENT
Fire Prevention Office
10900 San Pablo Avenue, El Cerrito, CA 94530
(510) 215-4457 FAX (510) 232-4917 [email protected] May 10, 2024
Parcel Number: «APN»
Property Address: «Parcel_Address» «Parcel_Street», El Cerrito, CA 94530 Property Owner: «Legal_Property_Owner»
Property Owner’s Address: «Mailing_Address», «Mailing_City», «Mailing_State» «Mailing_Zip» Dear El Cerrito Property Owner:

With the State’s winter rain, the community is facing unprecedented vegetation growth as we head into peak fire danger season. To reduce the fire danger on private property and provide greater community safety, the Fire Department has been inspecting properties and checking for fire hazards. Recently your property listed above was found that it does not comply with the Vegetation Management Guidelines set forth in the City of El Cerrito Vegetation Management Standards. You are being notified now so that you may, if you have not already done so, take steps to remove those fire hazard conditions found on your property.

Enclosed is a copy of the Fire Hazard Reduction Inspection form specifying those areas that are not in compliance as well as the Fire Hazard Reduction Guidelines and Fire Hazard Reductions Checklist that can assist you in bringing your property into compliance. More information on the Vegetation Management Standards and Guidelines may be found on the City’s website at: www.el-cerrito.org under Vegetation Management Standards. Additional information is also available at www.readyforwildfire.org or www.cafiresafecouncil.org as well as many others.

If you have recently completed the work to meet these standards, no further action is required. If not, your property is required to be brought into compliance no later than June 10, 2024. There is no need to contact the Fire Department upon completion as we will be re-inspecting all properties. When the Fire Department has cleared your property, you will be removed from our non-compliant list.

On June 18, 2024 at 6:00PM the El Cerrito City Council will hold a public hearing to declare those properties still not in compliance as a public nuisance. Your property is at risk of being declared a public nuisance and subject to further abatement actions. In accordance with the Government Code, you may appear before the Board at this public hearing to dispute this declaration.

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

Sincerely,
Chase Beckman
Chase Beckman
Battalion Chief / Fire Marshal
Agenda Packet Page 141 of 192

EL CERRITO FIRE DEPARTMENT

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

COMMENTS:

Inspected by Inspection # Date Time

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

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

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

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

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

YOUR PROPERTY IS NOT IN COMPLIANCE WITH THE FIRE CODE.

YOU MUST COMPLETE THE FOLLOWING REQUIREMENTS:

6. Relocate wood piles to Zone 2 if applicable.

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

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

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

AGENDA ITEM NO. 8.A.

ATTACHMENT 5
Agenda Packet Page 142 of 192
City of El Cerrito Fire Hazard Reduction Guidelines
Zone 1
Zone 1 extends 30 feet from buildings, structures, decks, etc.in all portions within the City of El Cerrito including the designated Very High Fire Hazard Severity (VHFHS) Zones. Vacant lots in Zone 1 shall be maintained to be 10 feet wide along the property line. • Remove all dead plants, grass and weeds (vegetation). • Remove dead or dry leaves and pine needles from your yard, roof and rain gutters. • Trees shall be maintained so that no portion is closer than 10 feet from any chimney opening. • Trees, shrubs, bushes or other vegetation adjacent to or overhanging any structure shall be maintained free of dead limbs and other combustible matter such as vines and loose papery bark. • On mature trees, limbs should be removed up to 10’ above the ground. Smaller trees should be limbed to 1/3rd of their height up to 6’ above the ground, but in no case less than 18 inches from the ground. • Relocate wood piles to Zone 2 if applicable.
• Remove or prune flammable plants and shrubs near windows. • Remove vegetation and items that could catch fire from around and under decks. • Create a minimum 6-foot separation between trees, shrubs or vegetation and combustible materials.

Zone 2
Zone 2 extends from 30 feet to 100 feet out from buildings, structures, decks, etc. in only those areas within the City of El Cerrito designated as the Very High Fire Hazard Severity (VHFHS) Zones. Vacant lots in Zone 2 shall be maintained to be 30 feet wide along the property line. NOTE: All Zone 1 requirements shall be followed in addition to the following Zone 2 requirements:
• Cut or mow weeds and grass shall be cleared to a maximum height of 6 inches. • All fire hazardous vegetation except for weeds and grass shall be cleared and maintained to a height no greater than 18 inches above the ground.

AGENDA ITEM NO. 8.A.

Attachment 6
Agenda Packet Page 143 of 192
Fire Hazard Reduction Checklist
Zone 1 Requirements
Definition: Zone 1 extends 30 feet from buildings, structures, decks, etc.in all portions within the City of El Cerrito including the designated Very High Fire Hazard Severity (VHFHS) Zones
Remove all dead plants, grass and weeds within 30 feet of buildings, structures, decks, etc.

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

Agenda Packet Page 144 of 192
a

CITY OF EL CERRITO
10900 San Pablo Avenue  El Cerrito  CA  94530
(510) 215-4457  FAX (510) 232-4917  [email protected] June 19, 2024
Parcel Number: xxxxx
Property Address: xxxxx, El Cerrito, CA 94530
Property Owner: xxxxx
Property Owner’s Address: xxxxx

NOTICE TO DESTROY WEEDS AND REMOVE

RUBBISH, REFUSE AND OTHER FLAMMABLE MATERIAL
On June 18, 2024 the El Cerrito City Council declared that your property in the City of El Cerrito, designated above by address and parcel number, constitutes a public nuisance because of the presence of weeds, rubbish, litter or other flammable material which creates a fire hazard, a menace to the public health, or is otherwise noxious or dangerous.

A previous notice was sent to you informing you of the June 18, 2024 hearing and further informing you of your obligation to remove the weeds, rubbish, refuse and other flammable material from your property. If you do not immediately abate these nuisance conditions, the City will do so and the costs for removal of the weeds, rubbish, refuse and other flammable material will be assessed against your property as a lien and special assessment. These removal costs shall then be collected in the time and in the manner of ordinary municipal taxes.

You will not receive any further notices from the City prior to this removal. The City shall perform this removal either through its own staff or through private contract sometime between the dates of July 16, 2024 to August 1, 2024. It is impossible to predict what it will cost the City to remove these nuisance conditions from your property. The costs depend on the severity of those conditions. In past years these abatement costs have sometimes exceeded $8,000 per parcel for those parcels with severe nuisance conditions The City Council will conduct a public hearing on August 20, 2024 to confirm the cost of the abatement work performed on your property. The meeting may be held both via teleconference and in the El Cerrito City Council Chambers at 10890 San Pablo Avenue in El Cerrito at 6:00 p.m. Please refer to the agenda for meeting information at www.elcerrito.org/CouncilMeetingMaterials. During this public hearing you will be given the opportunity to voice objections regarding the report and the assessment of the abatement costs for your property. At this hearing you will also be given the opportunity to object, protest and/or present evidence to support your arguments.

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

The phone number is (510) 215-4457.

Chase Beckman
Chase Beckman
Fire Marshal
Agenda Item No. 8.A.

Attachment 7
Agenda Packet Page 145 of 192

AGENDA BILL
Agenda Item No. 9.A.

Date: June 18, 2024
To: El Cerrito City Council
From: Crystal Reams, Finance Director/City Treasurer; Claire Coleman, Budget/Financial Services Manager; Finance Department
Subject: CITY COUNCIL/PUBLIC FINANCING AUTHORITY/EMPLOYEE

PENSION BOARD
Approval of the City’s Fiscal Year 2024-25 and 2025-26 Proposed Budget and Spending Authority by Fund for the City, Public Financing Authority, Employee Pension Board, and Approval of the FY 2024-25 Annual Gann Appropriation Limit.

ACTION PROPOSED
1) Adopt a City Council resolution authorizing Fiscal Year 2024-25 spending authority by fund for the City of El Cerrito; 2) Adopt an El Cerrito Public Financing Authority resolution authorizing Fiscal Year 2024-25 spending authority by fund; 3) Adopt an El Cerrito Employee Pension Board resolution authorizing Fiscal Year 2024-25 spending authority by fund; and 4) Adopt a City Council resolution approving the calculation and establishing the FY 2024-25 Gann Appropriation Limit.

BACKGROUND
The City of El Cerrito’s Fiscal Year (FY) 2024-25 and FY 2025-26 Proposed Biennial Budget presents the City’s projection of revenues and expenditures for the next two fiscal years. It describes in detail the various components of the City, each of its departments and divisions, and the City’s separate legal entities: the Employee Pension Board and the El Cerrito Public Financing Authority. The Budget also describes the City’s mission, vision, and values, outlines overall goals and strategies developed through the Strategic Plan, and indicates how resources are allocated to fulfill these objectives.

The City Council has closely monitored the budget and the City's financial position in light of current economic conditions and in accordance with the City's Fiscal Recovery and Sustainability Plan in response to the March 2021 State Auditor's report. The City Council has provided direction to staff that has resulted in adjustments in revenue and reductions in expenses over the past four fiscal years, with an eye toward short-term budget strategies as well as long-term budget solutions that have restored the City to fiscal health and built the General Fund reserves to above-recommended levels. As a result of these significant strategies, the City continues to maintain a positive General Fund balance well above the City's 10% reserve level policy.

Agenda Packet Page 146 of 192
Agenda Item No. 9.A.

The City Council and City staff have been committed to maintaining the City's fiscal stability and ensuring the City's long-term financial sustainability. As outlined at the June 4, 2024, City Council meeting, the FY 2024-25 and FY 2025-26 Proposed Biennial Budget was prepared with these same goals in mind, and staff continues to be intentionally conservative with respect to revenue projections and expenditure levels due to the continuing uncertainty of the economy, including inflation and high interest rates. Further, the FY 2024-25 Proposed Budget was informed by feedback from the community collected through a robust public engagement process, including surveys and community meetings, in addition to the City's new Strategic Plan adopted in December 2023. The Budget document recognizes these priorities and how they fit into the workplans of all Departments, and funding for programs and services are therefore presented with these priorities in mind.

The Proposed Biennial Budget document was first provided to the City Council and the Financial Advisory Board on May 23, 2023, and can be found on the City's website at www.el-cerrito.org/BiennialBudget.

On June 4, 2024 the City Council received a presentation from City staff that introduced the FY 2024-25 and FY 2025-26 Proposed Biennial Budget and provided an overview of all funds and departments for the City Council's review and discussion. Following the June 4 City Council Meeting, City staff identified two budget items in the Proposed Biennial Budget that required revision. Through a review of the fees for FY 2024-25 charged to the Kensington Fire Protection District to provide fire services, a miscalculation was identified and corrected, resulting in a reduction of two Fire Department line items from the original Proposed Budget document: Backfill Costs (overtime) expenditures decreased in the amount of $132,000, and total revenues from KFPD decreased in the amount of $234,260. Staff also reviewed Utility Users Tax revenues for energy (electric and gas) and water and increased revenues based on ongoing trend analysis for current and prior year receipts in the amount of $102,260.

The adjustments resulted in no net change to the final ending fund balance proposed to the City Council at the June 4th meeting. Further, staff made minor adjustments to the Budget Book, including revisions to the color scheme to improve accessibility for readers, the addition of more detail about the proposed expense deferrals and ongoing expenditure reductions included in the budget, and corrections to grammatical and spelling errors.

ANALYSIS
Proposed FY 2024-25 and FY 2025-26 Biennial Budget
City staff has prepared a budget document that will span two fiscal years, July 1, 2024 to June 30, 2025 and July 1, 2025 to June 30, 2026. This is the first biennial budget process in five years, and represents the City's confidence in its financial health and ability to plan for expenses and revenues over a longer time horizon. While the budget document covers two fiscal years, the budget must be formally adopted on an annual basis per the City's municipal code and state requirements for an annual appropriations limit.

Agenda Packet Page 147 of 192
Agenda Item No. 9.A.

With all funds combined, the Proposed Biennial Budget recommends total expenditures of $71.6 million in FY 2024-25 and $69.2 million in FY 2025-26 that provide funding for all City services, including Police, Fire, Recreation, Community Development, Public Works, and City Management. Revenue and expenses were analyzed against prior year trends and expectations for this fiscal year. The Proposed Budget includes all personnel expenses as a result of approved Memorandums of Understanding (MOUs) with various bargaining units and estimates for MOUs currently under negotiations.

The Proposed FY 2024-25 and FY 2025-26 General Fund budget is balanced using a combination of ongoing and one-time expenditure decreases. For FY 2024-25, staff is proposing a General Fund budget with conservatively projected revenues of $51.4 million and expenditures amounting to $51.4 million. The budget does not utilize any fund balance and maintains the existing fund balance of over 10% of General Fund expenditures, as per City Council policy. The Proposed FY 2024-25 budget projects a surplus of $33,952. Staff will closely monitor revenue and expenditure trends and will continue to update the City Council throughout the fiscal year and in the quarterly reports in order to make adjustments if necessary based on economic conditions. The FY 2024-25 and FY 2025-26 budget does not include a list of one-time projects to be supported by General Fund Balance.

The Proposed FY 2024-25 and FY 2025-26 Budget seeks to maintain the current programs and services provided to the community. Staff recommend the elimination of one vacant Management Assistant position that is split between the City Manager's Office and the Finance Department. Various technology upgrades and support are included in order to enhance and protect the City's systems from cyber attacks and hacking. Professional services continue to support departments with vacant positions, as well as development-related services that will be recovered by development-related revenues. Expenditure decreases are proposed in areas including professional services, travel and training, and expected vacancy savings.

Financial Advisory Board Review
The Financial Advisory Board (FAB) scheduled a special meeting on June 6, 2024 with the intent to review and provide feedback on the draft budget and consider making a recommendation to the City Council. Unfortunately, a quorum of members did not attend, and the meeting was unable to take place. The two members in attendance did ask questions of staff and were encouraged to provide their individual feedback in writing, as a recommendation could not be made by the FAB as a body. The written comments received from the two individual members are included as attachment 5 to the staff report.

Gann Appropriations Limit
Included in the recommended actions for adopting the FY 2024-25 Budget is the approval of the calculation and establishing the City’s FY 2024-25 Gann Appropriation Limit as $184,105,158. Approved in 1979 and amended in 1990, the Gann Initiative sets an annual appropriation limit on City expenditures based on the amount of tax proceeds Agenda Packet Page 148 of 192
Agenda Item No. 9.A.
received. This amount is adjusted each year based on changes in population and inflation. The California Government Code requires that the City adopt the Gann appropriations limit by resolution on an annual basis. In FY 2024-25, the respective State and County offices have provided the City with the following factors to establish the Gann limit computation:

Cost of Living
California Per Capita Personal Income = 3.62%
Population
Population Change, City of El Cerrito = 1.15%
Population Change, County of Contra Costa = 0.12%
Based on the California Per Capita Personal Income factor (3.62%) and the percentage of Population Change in the County of Contra Costa, the City’s appropriations limit will increase from $177,460,429 to $184,105,158. The Gann Limit is calculated annually and will be updated for FY 2025-26 in spring 2025 when the budget is formally adopted by Council.

Next Steps
The resolutions for the City's spending authority and Gann Limit are presented for the City Council's consideration, and staff recommends approval of the Proposed FY 2024- 25 and FY 2025-26 Budget as presented. The City Council may choose to adopt the FY 2024-25 and FY 2025-26 Budget as proposed or provide further direction to staff. If further direction is provided, staff recommends that the Council consider scheduling additional special meeting(s) for review and discussion to allow for budget approval no later than June 30, 2024. Staff will bring the second year of the biennial budget to the City Council for formal adoption, along with any recommended adjustments, in spring 2025.

STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal(s) of:
• High Performing Organization; and
• Community Safety; and
• Livability and Belonging; and
• Infrastructure and Amenities; and
• Environmental Sustainability.

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

Agenda Packet Page 149 of 192
Agenda Item No. 9.A.

FINANCIAL CONSIDERATIONS
With all funds combined, the Proposed FY 2024-25 Budget recommends total expenditures of $71,613,889 and provides funding for all City services, including Police, Fire, Recreation, Community Development, Public Works, and City Management. At this time, total revenues are projected to be $68,057,453. These funds will continue to be monitored and updated as the lingering impacts of inflation, rising interest rates, and uncertain economic conditions continue.

For FY 2024-25, staff is proposing a General Fund budget with revenues of $51,386,444 and expenditures of $51,352,492, resulting in a surplus of $33,952. Staff will bring the second year of the biennial budget to the City Council for formal adoption, along with any recommended adjustments, in spring 2025.

LEGAL CONSIDERATIONS
Approval of the attached resolutions is required to adopt the City’s spending authority for Fiscal Year 2024-25. In addition to the Gann limit appropriation, there are separate resolutions for each of the City’s component units which also must be considered and are presented for approval: the Public Financing Authority and the Pension Board. The City Council is obligated to adopt a budget, including spending authority and Gann limit appropriation, by June 30, 2024.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution (CC Spending Authority)

2. Resolution (PFA Spending Authority)

3. Resolution (PB Spending Authority)

4. Resolution (Gann)

5. Public Comments
Agenda Packet Page 150 of 192
RESOLUTION 2024-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO ADOPTING THE ANNUAL BUDGET FOR FY 2024-25 AND SPENDING AUTHORITY FROM ALL FUNDS OF THE CITY OF EL CERRITO FOR FISCAL YEAR 2024-25 WHEREAS, City staff have prepared, transmitted, and presented the proposed FY 2024-25 Budget to the City Council of the City of El Cerrito for its consideration, and it has been reviewed and analyzed in public review session; and WHEREAS, the City prepares and adopts a budget with the intent of providing a planned program for City services and a financial system to carry out the program of services; and
WHEREAS, the proposed budget represents anticipated revenues and proposed expenditures, including interfund transfers, from all funds of the City of El Cerrito; and WHEREAS, proposed spending authority from tax proceeds are within the City’s Fiscal Year 2024-25 Gann Appropriations Limit, as defined by the California State Constitution Article XIIIB.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito hereby adopts the FY 2024-25 Budget spending limits across funds as follows:

General Fund (101) 51,352,491.54
Gas Tax (201) 727,849.01
National Pollu. & Disch. Elimination (202) 427,164.31
Landscape and Lighting Assessment (203) 915,835.06
Measure J Return to Source (204) 792,482.77
Measure J Storm Drain (205) 632,278.51
Measure H Parcel Tax (207) 897,304.20
Asset Seizure (208) 75,000.00
Vehicle Abatement (209) 200,000.00
Street Improvements (211) 3,962,941.90
SB1-Road Repair & Account (212) 936,984.00
Agenda Packet Page 151 of 192
Public Art (213) 50,000.00
Paratransit (214) 359,966.00
Federal, State and Local Grants (221) 1,277,000.00
C.O.P.S. Grant (222) 306,000.00
Donations (225) 100,000.00
Low & Moderate Income Housing (232) 35,000.00
Capital Improvements (301, 303, 304) 2,140,000.00
Vehicle /Equipment Replacement (601) 221,590.20
Integrated Waste Management (501) 4,820,117.42
BE IT FURTHER RESOLVED that the City Council of the City of El Cerrito hereby authorizes the City Manager or his/her designee to:

1. Create such appropriations into such new accounts as may be appropriate for proper accounting in the City’s financial system and to make any necessary nonmaterial changes to finalize the budget document.

2. Apply correct accounting rules for the proper classification of interfund transactions, including transfers between funds, or other financial transactions, as may be necessary to address bond or loan covenants, or any other requirements imposed by formal, legal agreements between the City any other parties, as previously entered into by the City.

3. Approve payment of goods and services received by the City in accordance with the City’s approved budgets, programs, and policies, subject to a limitation of $45,000 for any single vendor in any one fiscal year, beyond which amount the City Council retains authority to approve payment with the exception of those items falling under other statutory authority (e.g., Public Works, State purchasing).

4. Shift expenditure authority within funds among departments, as may be necessary to meet the City’s operational needs.

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

I CERTIFY that at a regular meeting on June 18, 2024 the City Council of the City of El Cerrito passed this Resolution by the following vote:

Agenda Packet Page 152 of 192
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 153 of 192
PFA RESOLUTION 2024-XX

RESOLUTION OF THE CITY OF EL CERRITO PUBLIC FINANCING AUTHORITY ADOPTING THE FISCAL YEAR 2024-25 BUDGET WITH SPENDING LIMITS FOR FY 2024-25
WHEREAS, the El Cerrito Public Financing Authority (Authority) provides for payment of long-term debt obligations; and
WHEREAS, the Authority Board wishes to maintain funding levels to support payments of principal and interest on those long-term obligations; and WHEREAS, the Board wishes to adopt the Authority’s budget for Fiscal Year 2024- 25 NOW THEREFORE, BE IT RESOLVED that the El Cerrito Public Financing Authority adopts the Fiscal Year 2024-25 Budget with spending limits in FY 2024-25 across funds as follows:

Financing Authority City Hall Debt Svc 572,562.50
Financing Authority Street Improv Debt Svc 702,500.00
Total 1,275,062.50
BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon passage and adoption.

I CERTIFY that at a special meeting on June 18, 2024 the Public Financing Authority 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 on .
________________________
Holly M. Charléty, Authority Clerk
APPROVED:
________________________
Tessa Rudnick, Mayor
Agenda Packet Page 154 of 192
PB RESOLUTION 2024-XX
RESOLUTION OF THE CITY OF EL CERRITO EMPLOYEES’ PENSION BOARD ADOPTING THE BOARD’S FISCAL YEAR 2024-25 BUDGET AND SPENDING LIMITS FOR FISCAL YEAR 2024-25
WHEREAS, the El Cerrito Employees’ Pension Board (Board) provided for retirement benefits for certain former City of El Cerrito employees and/or their beneficiaries; and
WHEREAS, there are no longer members drawing a retirement from the plan and no new members may join this plan, therefore there are no longer revenues and expenditures of the Employees’ Pension Board; and
WHEREAS, while the Board determines the best course of action given that there are no remaining members, the Board wishes to adopt the budget for Fiscal Year 2024- 25 with spending limits of $0.

NOW THEREFORE, BE IT RESOLVED that the El Cerrito Employees’ Pension Board hereby adopts the budget for Fiscal Year 2024-25 with spending limits for FY 2024- 25 of $0.

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

I CERTIFY that at a special meeting on June 18, 2024 the Employees’ Pension Board of the City of El Cerrito passed this Resolution by the following vote:

AYES: BOARDMEMBERS:

NOES: BOARDMEMBERS:

ABSTAIN: BOARDMEMBERS:

ABSENT: BOARDMEMBERS:

IN WITNESS of this action, I sign this document on .
___________________________________
Holly M. Charléty, Secretary to the Board
APPROVED:
________________________
Tessa Rudnick, Chair
Agenda Packet Page 155 of 192
RESOLUTION 2024-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO SETTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-25 AND SELECTING THE

CALIFORNIA PER CAPITA PERSONAL INCOME AND CONTRA COSTA COUNTY

POPULATION ADJUSTMENT FACTORS
WHEREAS, Article XIIIB of the California Constitution establishes a limitation on spending by cities of funds from proceeds of taxes; and WHEREAS, in accordance with Government Code Section 7910, the City Council must establish an annual appropriations limit; and
WHEREAS, in accordance with Government Code Section 7910, the City Council must select annually the per capita change in the cost of living for purposes of calculating appropriations limit; and
WHEREAS, in accordance with Government Code Section 7910, the City Council must select annually the population growth factor for purposes of calculating the appropriations limit; and
WHEREAS, an appropriations limit has been calculated in accordance with applicable law.

NOW THEREFORE the City Council of the City of El Cerrito does hereby find, determine, and resolve as follows:

SECTION 1. In accordance with Article XIIIB of the Constitution and Government Code Section 7900 et seq., the adjustment factors to be applied to the appropriations limit for the 2024-25 fiscal year shall be the California Per Capita Personal Income adjustment factor and the Contra Costa County population adjustment factor.

SECTION 2. In accordance with Article XIIIB of the Constitution and Government Code Section 7902, the appropriations limit for the 2024-25 fiscal year shall be $184,105,158 which exceeds the City’s projected applicable appropriation amount by $146,650,236.

SECTION 3. The City Council reserves the right to change or revise any adjustment factors associated with the calculation of the appropriations limit if such changes or revisions would result in a more advantageous appropriations limit in the present or future.

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

Agenda Packet Page 156 of 192
I CERTIFY that at a regular meeting on June 18, 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 157 of 192
From:

To: Holly Charléty; Crystal Reams
Cc: Lisa Motoyama; Paul Fadelli
Subject: FY 2024-25 & FY 2025-26 Biennial Budget - public comment Date: Thursday, June 6, 2024 8:46:24 PM
Caution! This message was sent from outside your organization.

Hello Holly and Crystal,
Since we didn't have a quorum tonight and couldn't move a recommendation on the budget on behalf of the Financial Advisory Board, I'd like to share my thoughts via a written public comment for Council's consideration.

Because the forecast shows the General Fund reserve balance dropping below the Reserve goal within a few years after this biennial budget cycle, I request that the budget document include a statement that formalizes the City's commitment to cutting expenses after the Cost Allocation and Master Fees studies are complete.

Something like: "As part of the City's commitment to sustainable operations, the City will use the information in the Cost Allocation Plan and Master Fee Study to develop the City's next biennial budget such that the General Fund Reserve will remain above the Reserve Goal as part of the long-term financial projection, in alignment with the Comprehensive Financial Policy. City staff will use their best judgment to bring forward multiple options for service adjustments to be considered by the community and Council." I would appreciate your confirmation that this comment will be relayed to Council as part of the Budget agenda item. Thank you for your consideration.

Best,
Farhad
Agenda Packet Page 158 of 192
1 Memo to the El Cerrito City Council
Subject: Recommendations for FY 24 Budget Approval
Date: June 12, 2024
From: Kimberly White, Resident of El Cerrito
Dear Mayor & Members of the City Council,
I hope this memo finds you well.

As a dedicated resident of El Cerrito, I have actively participated in every budget-related event this season, including the initial Town Hall Meeting at the Community Center and the various meetings held at City Hall. Despite the absence of a quorum at the recent Financial Advisory Board (FAB) meeting, which prevented a formal vote on the budget, I was impressed by the eloquent and informative contribution from a community member, Debra Saunders.

First and foremost, I would like to extend my heartfelt appreciation for the remarkable eƯorts of Claire, Will, and Crystal in advancing the budget process this year. They were able to build on Sandra Dalida’s eƯorts and their outreach initiatives have been a significant step forward in our journey towards financial health. While this process will span multiple years, the progress made thus far is commendable.

Recovery as a Multi-Year Undertaking
It is essential to recognize that our financial recovery will be a multi-year undertaking due to the complexity and scale of the challenges we face. Structural changes in revenue generation and expenditure control cannot be achieved overnight. It requires a phased approach, involving continuous assessment, stakeholder engagement, and iterative adjustments to our financial strategies. Commitment to long-term planning and disciplined execution will be paramount in ensuring sustainable financial health for El Cerrito.

Credibility of Consultant Projections
I must address a concern raised during the previous FAB meetings regarding the credibility of our city's consultant predictions. Despite my questions, no satisfactory response was provided to aƯirm their reliability. My apprehension is rooted in a recent incident where a $1 million adjustment had to be made due to an inaccurate forecast by consultants, which significantly impacted City finances and reduced reserves.

Perfection Assumption
The FY 25 budget assumes there will be no significant shortfalls in revenue or over expenditures, a scenario that rarely occurs. There is a strong likelihood that the general fund will need to be tapped to balance any shortfalls, as was the case in FY 24.

Agenda Packet Page 159 of 192
2 Transparency and Outreach
I Iam encouraged by the progress the City has made in transparency and outreach. The advanced copy of the budget requested in May was promptly delivered, and the extensive outreach eƯorts are commendable. Moving forward, future outreach should identify specific areas where community and Financial Advisory Board (FAB) feedback influenced the budget development and outcomes.

While conducting outreach is a significant step forward, it is crucial for the City to ensure that community and FAB feedback genuinely shapes decision-making. The City should be able to identify and communicate where public input has been incorporated into decisions. Additionally, there should be significantly more opportunities for FAB input by bringing initiatives with a significant impact on revenue and expenses to the FAB before presenting them to the City Council for information or approval.

Dispelling Myths
It is important to note that reducing expenses does not necessarily correlate to a reduction in services. If done correctly, these reductions can occur without involuntary reductions in staƯ.

EƯective cost management and strategic reallocation of resources can enhance service delivery while maintaining fiscal responsibility.

Bottom Line
While the planned studies on staƯing and organizational structure are encouraging and represent a significant step, these studies are not scheduled in the foreseeable future, meaning implementation is much further out. The City has fallen short of the State Auditor’s recommendations and has not made the necessary changes to avoid relying on reserves to balance the budget during the fiscal year.

Sustainable reductions or increases in revenue, aligned with the study's findings, are crucial. Given the timing of the study and its later implementation, the budget will continue to experience a structural imbalance, with expenses outpacing revenue for the foreseeable future.

Lastly, the city needs to be more intentional about cost containment and strategic in its decisionmaking by recognizing the long-term implications of decisions made.

Budget Recommendations
Therefore, while I acknowledge the progress made, I cannot recommend approving the budget without further alignment. I propose the following recommendations for your consideration:

1. Maintain a $1 million budget surplus at the beginning of the year. This surplus can be used to fund overruns or shortfalls when they arise during the year.

2. Conduct and complete the service delivery and organizational structure review in FY

25. This will bring forward recommendations on organizational structure and size and inform decisions on the necessary cost reduction strategies.

3. Align with GFOA recommendations: Commit to maintaining two months of unrestricted reserves among other recommendations.

Agenda Packet Page 160 of 192
3 4. Develop and adhere to long-term financial forecasts for labor negotiations before finalizing terms. Share these forecasts with the public, particularly once negotiations are complete.

5. Videotape and publish FAB meetings to enhance transparency and citizen engagement and trust.

Thank you for considering my recommendations. I look forward to continued progress in achieving financial stability for our city.

Sincerely,
Kimberly White
Kimberly White
Resident of El Cerrito
Agenda Packet Page 161 of 192
CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94530
Telephone (510) 215-4305 Fax (510) 215-4379 http://www.el-cerrito.org

SUPPLEMENTAL AGENDA MATERIALS

CITY COUNCIL MEETING
June 18, 2024
(revised June 20, 2024)
REGULAR CITY COUNCIL MEETING (6:00 PM)

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

2. Agenda Item No. 7.E. - SB 1 - The Road Repair and Accountability Act, List of Projects for Fiscal Year 2024-25
a. Revised Exhibit A

3. Agenda Item No. 8.A. - Fire Hazard Abatement
a. Revised Exhibit A

4. Agenda Item No. 9.A. - CITY COUNCIL/PUBLIC FINANCING AUTHORITY/

EMPLOYEE PENSION BOARD
Approval of the City’s Fiscal Year 2024-25 Proposed Budget and Spending Authority by Fund for the City, Employee Pension Board, and Public Financing Authority and Approval of the FY 2024-25 Annual Gann Appropriation Limit
b. Public Comments
a. Presentation
Agenda Packet Page 162 of 192
From: Ira Sharenow
To: City Clerk; Holly Charléty
Cc: Tessa Rudnick; Lisa Motoyama; Paul Fadelli
Subject: Item 5 Not on the agenda
Date: Thursday, June 13, 2024 5:27:41 PM
Caution! This message was sent from outside your organization.

Extra costs for proposed Plaza library
Parking giveaway: $5 million
Reduced size from 21,000 sq feet to 20,000 sq ft: $1 million Failure to secure state library grant: $10 million
Interest rate increase for $22 million bond (assume 2% to 5%): $13 million Total extra costs for current strategy: $29 million!!!
Library proposal start
21,000 square feet
63 parking spaces
Current proposal
20,000 square feet
ZERO parking spaces
Value of parking according to city FAQ $5 million
A 2% interest rate would have a total cost of $29 million while a 5% interest rate would have a cost of $42 million.

The uncertainty related to being renters in a complex BART housing project is not priced in, but probably costs a few extra millions.

Issues raised by El Cerrito consultants relating to potential Plaza site. August 10, 2019 slide show, page

7. CONS
General Public Comments
Supplemental Materials Page 2 of 10
Agenda Packet Page 163 of 192
• Not as accessible to El Cerrito residents to the north • Potential recurring tenant payments - extra operational cost? • Many factors outside of City’s control
• Homelessness/safety issues in BART precinct
• Traffic congestion
• Will the library become a regional destination?
• Less child focused with T.O.D. housing
Question: what is the proposed tax amount? When will it be on the ballot? https://el-cerrito.org/library
The city is spending hundreds of thousands of dollars to promote the Plaza library proposal, but I cannot find the costs itemized in the budget document.

Supplemental Materials Page 3 of 10
Agenda Packet Page 164 of 192
From: cordell hindler
To: City Clerk
Subject: Public Comments
Date: Friday, June 14, 2024 2:55:50 PM
Caution! This message was sent from outside your organization.

Good Evening Mayor Rudnick, Council Members and Staff,
I am Submitting the Following Comments into the Record:

1. for a Future Agenda The Council Should Consider Inviting Danny Wan or Designee to Present on the Port of Oakland

2. Also I am In support of 7.C on the Consent Calendar
Sincerely
Cordell
Supplemental Materials Page 4 of 10
Agenda Packet Page 165 of 192
From: Terry Friedkin
To: City Clerk
Subject: Oppose putting a ceasefire resolution on the Agenda Date: Monday, June 17, 2024 5:53:24 PM
Caution! This message was sent from outside your organization.

Terry Friedkin
Supplemental Materials Page 5 of 10
Agenda Packet Page 166 of 192
From: D Dorenz
To: City Clerk
Subject: No ceasefire or divest resolutions
Date: Monday, June 17, 2024 9:18:42 PM
Caution! This message was sent from outside your organization.

Dear El Ceritto City Council, members.,
You have done a remarkable job in staying strong against those who choose to use the City Council as a propaganda tool. I thank you for your efforts and hope that you will stay strong and refuse to be used in this way. Those who come to tell you that you have no compassion for the Palestinian people because you don’t do exactly what they would like you to do, seem to be missing some compassion themselves. Their sole goal is to demonize Israel without a single word if condemnation for the horrors that Hamas has inflicted on its own people and on 1200 Israeli citizens on October 7, in addition to the taking of 250 hostages, many of whom have already been murdered by Hamas.

Thank you for standing for the city of El Cerrito in all the work that you do. That is why you have been elected.

Wishing you the best and the best for El Cerrito.

Dorothea Dorenz
Sent from my iPhone
Supplemental Materials Page 6 of 10
Agenda Packet Page 167 of 192
From: Dean Kertesz
To: City Clerk
Subject: public comments – not on the agenda: oppose a ceasefire resolution Date: Tuesday, June 18, 2024 12:22:18 PM
Caution! This message was sent from outside your organization.

Dear Members of the El Cerrito City Council,
I do not know if those advocating for a ceasefire resolution will return this week or not. In case they do, I am writing you once again to urge you to not give in to their demands.

Ceasefire resolutions invite hate speech into city council chambers. We have seen this in Richmond, Oakland, San Francisco, Sacramento and other communities where speakers call for Israel's destruction and attack Jews. Don't let that happen here. The behavior of one speaker at your meeting last month forced you to go into recess. At your most recent meeting, the pro-ceasefire speaker insulted you. Just imagine what would happen if such a resolution were on your agenda.

These resolutions divide communities and do nothing to promote peace between Israel and Palestinians. There is no community consensus on this issue so the city council should not take a side. Further, we see increasing anti-semitic violence and hate speech growing across the country.

There is a ceasefire proposal by the US government that could end the fighting, which Hamas has rejected.

I believe the goal of these activists is not peace, but rather the systematic destruction of the State of Israel. I am certain neither you, nor the majority of El Cerrito residents support this.

Please continue to support all the residents of El Cerrito and resist the ongoing pressure to put forward a symbolic, one sided, and counterproductive "ceasefire" resolution.

Sincerely, Dean Kertesz
Supplemental Materials Page 7 of 10
Agenda Packet Page 168 of 192
Traffic Calming for Safer Streets
Petition for Safer El Cerrito Streets
We, the undersigned residents of El Cerrito, call on the El Cerrito City Council to implement immediate measures to improve traffic safety for pedestrians, cyclists, and children in the areas between San Pablo Ave., Potrero Ave., Moeser Ave., and Navellier St. This area has far too many intersections with two-way stop signs (specifically along Gladys St., Donal St., and Manila) where there should be four-way stop signs. We request traffic calming measures such as additional stop signs, chicanes, and speed bumps. Please prioritize our children's safety over the flow of traffic.

N.am.e ~
1 Amelia Schmale 6/7/24
2 Leura Mathur 6/8/24
3 Donna Simkovic 6/8/24
4 Valerie Logue 6/8/2024
5 Alexander Zaytsev 6/8/2024
6 Steve Price 6/7/24
7 Janet Byron 6/7/24
8 Shanti Corrigan 6/7/24
9 Seth Corrigan 6/7/24
10 Amber Bell 6/8\24
11 Dustin Vorkoeper 6/8/24
12 Raelene Coburn 6/8/24
13 Wayne Coburn 6/8/24
14 ZiZi Hawthorne 6/8/24
15 Virgilio Cordova 6/8/24
16 Alison Hawthorne 6/8/24
17 Colin Engler 6/8/24
18 Pier LeBlanc 6/8/2024
19 Marianna Lauber 6/8/2024
Received at the Meeting
Agenda Packet Page 169 of 192
Traffic Calming for Safer Streets
20 Skye Christensen 6/8/24
21 Yann Jacob 6/8/24
22 Nicol U Jacob 6/8/24
23 Carrie Sze 6/8/24
24 Marisa Renn 6/8/24
25 Margaret Sheldon 6/8/24
26 Lisa Cerri 6/8/24
27 Katie Parajon 6/8/24
28 Masami Malaowala 6/8/24
29 Tamasin Partridge 6/9/24
30 Serena Allen 6/9/24
31 Hannah Yee 6/9/24
32 Amy Havens 6/9/24
33 Matthew Gravish 6/9/24
34 Michelle Pratt 6/9/24
35 Mary Vargas 6/9/24
36 Bridget McVey 6/9/24
37 Shannon McVey 6/9/24
38 James McVey 6/9/24
39 Benjamin McVey 6/9/24
40 Robin Mitchell 6/9/2024
41 Howdy Goudey 6/9/2024
42 Elizabeth Lazaga 6/10/2024
43 Jorien Campbell 06/10/2024
44 Sietse Braakman 06/10/2024
45 Derfogail Delcassian 06/10/2024
Agenda Packet Page 170 of 192
Traffic Calming for Safer Streets
46 Gaurav Mathur 6/10/2024
47 Amy Bennett 6/10/24
48 Joan Starr 6/10/24
49 Maria Montes Clemens 6/10/24
50 Cheri Saito 6/10/24
51 Stuart Sonatina 2024-06-10
52 Rebecca Milliken 6/10/2024
53 Isaac Mankita 6/10/2024
54 Laura Davis 6/10/24
55 Gaia Sonatina 6-10-24
56 Debbie Lai 6/10/24
57 Anh Thang Dao-Shah 6/10/24
58 Catherine MacGillivray 6/10/24
59 Eric W Jepson June 10, 2024
60 Melissa Kim 6/10/24
61 Brian Sharon 6/10/24
62 Laura Lent 6/10/24
63 Michelle Turco 6/11/24
64 Kathleen Wong 6/11/24
65 Max Eissler 6/11/24
66 Michael Balmaceda 6/11/24
67 Elizabeth Lai 6/11/24
68 Ann Cheng 6/11/24
69 Susan Gonzalez 6/11/24
70 Amy Rogers 6/11
71 Thomas Rogers 6//11
Agenda Packet Page 171 of 192
Traffic Calming for Safer Streets
72 Lynsey Jepson 6/11
73 Lara Gabato 6/11
74 Teresa Soldavini 6/11/24
75 Lauren Russell 6/11/24
76 Rickey Russell 6/11/24
77 Randy Reyes 6/12/24
78 Andrew Raphael 6/12/24
79 Franziska Gehrmann 6/13/24
80 Brianna Lind 6/13/24
81 Meghan Lenehan 6/13/24
82 Susan Wong 6/13/24
83 Rupa Dev Rihan 06/13/24
84 Minh Nguyen
85 Alison Kather 06/13/24
86 Ruchi Schock 06/14/24
87 Alexis Mazzoli 6/14/24
88 Andy Le
89 Tom Allen 6/15/24
90 Clay M. Horiuchi 2024-06-15
91 Julia Conant 6/15/24
92 Ruth Kassabian
93 Katie Fournier 6/16/24
94 Katherine Plambeck 6/16/24
95 Genna Souza 6/16/2024
96 Tova Feldmanstern 6/16/24
97 Samantha Piell 6/16/24
98 Sue Gardner 6/17/24
Agenda Packet Page 172 of 192
Traffic Calming for Safer Streets
99 Sharon Farrell 6/17/24
90 Margaret Pennington 6/17/24
91 Douglas Miller 6/17/24
92 Alan Goy 6/17/24
93 Diana Goy 6/17/24
94 Ashley Hall 6/17/24
95 Lynne Baer 6/13/24
96 Stacey Bell 6/13/24
97 Michele Friedman 6/13/24
98 Juliette Laoyan 6/14/24
99 Edmund Burke Treidler 6/14/24
100 Jenny Byrne 6/14/24
101 Jen Komaromi 6/14/24
102 Danielle Jerdee 6/14/24
103 Shane Anderson 6/14/24
104 Christina Baumgardner 6/15/24
105 Laila Comolli 6/15/24
106 Sweepeck Quek 6/15/24
107 Lynne Baer 6/13/24
108 Stacey Bell 6/13/24
109 Michele Friedman 6/13/24
110 Juliette Laoyan 6/14/24
111 Lauren Fleer 6/17/2024
112 Vinny Abeygunawardena 6/17/2024
113 Natasha 6/17/2024
Abeygunawardena
114 Leah Jarvis
Agenda Packet Page 173 of 192
Traffic Calming for Safer Streets
115 Matthew Hoeft 6/18/2024
116 Amanda Spencer 6/18/24
117 Britta Kolb 6/18/24
118 Nicholas Fournier 6/18/24
119 Dustianne North Godfrey 6/18/24
120 Craig Godfrey 6/18/24
121 Renan Souza 6/18/24
122 Carisa Orwig 6/18/24
123 Jennifer Donegan 6/18/24
124 Alex Coughlin 6/18/24
Agenda Packet Page 174 of 192
Exhibit A
City of El CerritoSenate Bill (SB) 1 - Local Streets and Roads ProgramFiscal Year 2024-25 Submission Previously Proposed and Adopted Project List
Start Complete Min Max
12/2019 12/202512/2023 06/2027
Estimated Project
Schedule
Estimated Useful
Life (years)
Title Description Location Component
25 Active Transportation Program
This project will include: Implement the Active Transportation Plan, adopted by the City Council in April 2016, and includes access, safety and other enhancements to pedestrian and bicycle infrastructure. | Funding is for preliminary engineering and design needed to help apply for and leverage various grant and external funding sources.

On major Pedestrian and Bicycle Routes as identified in the City's Active Transportation Plan including San Pablo Avenue, BART to Bay Trail connection along Fairmount Avenue-Carlson BlvdCerrito Creek path-Lassen St-San Diego StreetBelmont Ave-Central Ave, Richmond St, Fairmount Ave, Key Blvd, Arlington Blvd and Lincoln Ave. Locations have yet to be finalized and will be selected based on grant funding criteria and prioritization criteria in the Active Transportation Plan.

PreConstruction 7 25 07/2022 06/2030
Del Norte TOD Complete Streets Improvements
This project will include: ADA Curb Ramp Installation (New), ADA Curb Ramp Rehab/Repair (Existing), Bicycle Lane (New), Bicycle Lane Rehab/Repair (Existing), Cost Estimating, Document Preparation,Landscape Safety Installation (New), Landscape Safety Rehab/Repair (Existing), Pavement Rehab/Repair (Existing), Paving and/or Striping Installation (New Safety), Paving and/or Striping Rehab/Repair (Existing Safety), Preliminary Design, Project Scope Development, Sidewalk and/or Crosswalk Installation (New), Sidewalk and/or Crosswalk Rehab/Repair (Existing), Storm Drain and/or Culvert Rehab/Repair (Existing), Traffic Signals, Lights, and/or Signage Installation (New Safety), Traffic Signals, Lights, and/or Signage Rehab/Repair (Existing Safety) | Access,circulation & safety improvements for bicyclists, pedestrians, transit users & motorists to support BART and TOD development; accessibility improvements; and lighting, street tree and landscaping improvements. Major elements include new signalized crosswalks, new bikeways,reduction in turning/auxiliary lanes, conversion of oneway to two-way streets, signalization changes on San Pablo Av at Hill Street & Cutting Bl, and stormwater treatment facilities.

San Pablo Avenue from OhloneGreenway to Potrero Avenue, Eastshore Boulevard from Potrero Avenue to San Pablo Avenue, Hill Street from San Pablo Avenue to Liberty Street, Cutting Boulevard from I-80 to Key Boulevard, and Knott Avenue from San Pablo Avenue to Key Boulevard.

PreConstruction
and
Construction
77 10/2021 09/2025 25
Richmond Street Improvements
- Complete
Streets
This project will include: Cost Estimating,Document Preparation, EnvironmentalStudy/Documents, Preliminary Design, ProjectScope Development | Rehabilitate and maintainpavement; install high-visibility markings,roadway safety lighting, and rapid rectangular flashing beacons at uncontrolled crosswalks; install enhanced traffic signing, green pavement markings, and signs for bike facility; install painted tear-drop medians and plant in-fill streets trees for traffic calming; implement safety upgrades at Elm/Key/Hill Streets signal; install ADA compliant curb ramps; repair/replace non-conformingsidewalk; and minor utility adjustments.

Richmond-Elm Street between Fairmount Avenue and Hill Street/Key Blvd.

PreConstruction
Agenda Item No. 7.E.

Agenda Packet Page 175 of 192
Start Complete Min Max
Estimated Project
Schedule
Estimated Useful
Life (years)
Title Description Location Component
07/2024 12/202401/2025 06/202507/2024 06/202507/2024 06/2025 10 25 Street Light, Traffic Signal & Street Sign Replacement and Upgrades This project will include: Procurement of Public Works Equipment, Repair and Servicing of Public Works Equipment | Replacement, repair and upgrades of street light equipment, traffic signal equipment and street signs includes procurement of supplies and materials.

Arterials: Carlson Bl, Central Av,Fairmount Av, San Pablo Av, Ashbury Av, Arlington Bl, Barrett Av, Colusa Av, Cutting Bl, Elm St, Hill St, Key Bl, Moeser Ln, Potrero Av, Richmond St; and Collectors: Alta Punta, Ashbury Av, Avis Dr, Buckingham Dr, Colusa Av, Edwards Av, Eureka Av, Fairview Dr, Ganges Av, Jordan Av, King Dr, Macdonald Av, Manila Av, Navellier St, San Mateo St, SeaView Dr, Shevlin Dr, South 55thSt, Terrace Dr, and Tulare Av. Locations are to be finalized on an annual basis.

Procurement/
Operational
Needs
07/2024 06/2025 10 20
Street Light & Traffic Signal Maintenance
This project will include: Repair and Servicing of Public Works Equipment | Street light and traffic signal on-going maintenance service and response Citywide for on-going maintenance of 12 traffic signalized intersections on San Pablo Ave, Central Ave, Moeser Ln, Fairmount Ave, Richmond St, and Key Blvd; 526 City-owned street and pedestrian lights on allcity streets, and 23 flashing beacons/inroadway lights/radar speed feedback signs locations on Moeser Ln, Cutting Blvd, Arlington Blvd, San Pablo Ave, Central Ave, Stockton Ave, Potrero Ave, Barrett Ave, Hill St and Fairmount Ave.

Procurement/
Operational
Needs
Access Modifications - Streets & Sidewalks
This project will include: ADA Curb Ramp Installation (New), ADA Curb Ramp Rehab/Repair (Existing), Cost Estimating, Document Preparation, Preliminary Design, Project Scope Development, Sidewalk and/or Crosswalk Rehab/Repair (Existing) | Remove physical barriers toaccessibility along the street right-of-way including at intersections and mid-block. Work includes installation and reconstruction of curb ramps, sidewalk removal and replacement including street tree removal and replacement, and related access modifications.

On major Pedestrian Routes or serving public/ transportation facilities and Title III entities: Moeser Ln & Pomona Av next to the Civic Theater; additionally, Arlington Blvd, Ashbury Ave, Barrett Ave, Central Ave, Colusa Ave, Cutting Blvd, Fairmount Ave, Hill St, Navellier St, Moeser Ln, Potrero Ave, San Pablo Ave, Schmidt Ln, Stockton Ave. Locations have yet to be finalized and will be selected based on ADA Transition Plan methodology.

PreConstruction
20 Sidewalk Infrastructure Maintenance
10 25
This project will include: Project Scope Development, Sidewalk and/or Crosswalk Rehab/Repair (Existing) | Repair sidewalk displacement to remove tripping hazards by concrete cutting and other methods that not requiring sidewalk removal and replacement.

Locations are on majorpedestrian routes and as requested: San Pablo Ave, Central Ave, Potrero Ave, Cutting Blvd, Richmond St, Ashbury Ave, Lincoln Ave and Waldo Ave. Locations will be finalized based on a methodology that prioritizes locations on major Pedestrian Routes designated in the City’s Active Transportation Plan, and based on their proximity to schools, the severity of the sidewalk damage and repair method, and other factors (e.g. requests received).

PreConstruction
and
Construction 25
Agenda Packet Page 176 of 192

EXHIBIT A
As of 6/10/24
City of El Cerrito Fire Department
List of Real Property Constituting Public Nuisances
APN Street Address
505-262-043-1 812 Contra Costa Dr.
505-351-018-5 1101 Arlington Blvd
505-221-045-6 956 Seaview Dr
505-303-027-5 8666 Terrace Dr
Agenda Item No. 8.A.

Supplemental Materials Page 8 of 10
Agenda Packet Page 177 of 192
June 18, 2024
Fiscal Year 2024-25 & Fiscal Year 2025-26
Proposed Biennial Budget
City of El Cerrito
El Cerrito Public Financing Authority
El Cerrito Employee Pension Trust Board
Agenda Item No. 9.A.

Agenda Packet Page 178 of 192
2 Strategic Plan 2024-2029
Visit: el-cerrito.org/StrategicPlan
Agenda Packet Page 179 of 192
Budget Public
Engagement
Process
3 • December 5: Strategic Plan Adopted by City Council
• January 13: Budget Priority Setting Workshop
 Online Survey Launched (175 responses received)
• March 5: Mid-Year Budget Update
• March 19: FY 2022-23 ACFR Presented to Council
• April 6: Community Budget Workshop
• April 23: Financial Advisory Board Budget Workshop
• May 7: City Council Budget Study Session
• May 21: Department head presentations, Assessment hearings, Master Fee Schedule adoption
• May 28: Financial Advisory Board meeting and budget
discussion
• June 4: First Budget Hearing
• June 6: FAB Special Meeting
• June 18: Second Budget Hearing
 Adoption by June 30
Agenda Packet Page 180 of 192
Summary of Updates Following June 4 Council Meeting
• Made the following corrections:
 Adjusted the CIP table, moving General Fund proposed
amounts to match budgeted values
 Reduced Fire backfill costs
 Reduced the revenue charged to KFPD
 Increased UUT revenue estimates based on the most
recent data
 Note: no net change in ending fund balance
• Attached Fiscal Recovery & Sustainability Plan
• Addition of more detail about the proposed
expense deferrals and ongoing expenditure
reductions
• Updated budget book colors to improve readability
4 Agenda Packet Page 181 of 192
5 Proposed Budget
– All Funds
$68,057,452.90 $68,236,400.13
Budget All Funds
Property and Other Taxes (5.9%)
2025 Revenue by Source
$27,270,346
Estimated Balance for All Funds June 30, 2026
Total Revenues and Expenditures
Agenda Packet Page 182 of 192
FY
2021-22
Actual
FY
2022-23
Actual
FY 2023-24
Amended
Budget
FY
2024-25
Proposed
FY
2025-26
Proposed
Measure R
Revenue $3,632,337 $4,651,914 $3,855,000 $4,459,000 $4,581,000 Highlighte
FY
2021-22
Actual
FY
2022-23
Actual
FY 2023-24
Amended
Budget
FY
2024-25
Proposed
FY
2025-26
Proposed
Real Property
Transfer Tax $4,863,035 $4,157,840 $3,300,000 $3,000,000 $3,200,000 FY
2021-22
Actual
FY
2022-23
Actual
FY 2023-24
Amended
Budget
FY
2024-25
Proposed
FY
2025-26
Proposed
Cannabis
Revenue $330,425 $448,514 $600,000 $440,000 $550,000
General Fund Cannabis Revenue
Real Property Transfer Tax
Highlighted Revenue Trends
Measure R
Month Properties Sold Amount Received
July 12 $ 173,868
August 17 $ 235,014
September 19 $ 266,855
October 21 $ 278,220
November 27 $ 360,954
December 16 $ 224,868
January 10 $ 120,038
February 18 $ 254,166
March 13 $ 172,536
April 30 $ 534,108*
May 27 $ 368,604*
June (unknown)
Total YTD 210 $ 2,989,230
Agenda Packet Page 183 of 192
7 General Fund Budget
$51,352,491.97 $53,764,017.32
GeneralFund Expenditures by Department GeneralFund Revenues and Expenditures $16,883,654
Estimated General Fund Balance June 30, 2026
Agenda Packet Page 184 of 192
General Fund Forecast – Current Projection
8 • Assumes revenue and expenditure growth of approx. 3% annually • One-time adjustments in FY 2024-25 and FY 2025-26 balance the budget and keep unassigned reserves above 10% threshold
• Ongoing structural changes of $1M needed to ensure long-term sustainability and maintain reserve levels
Agenda Packet Page 185 of 192
Strategies for General Fund Long-Term Sustainability
• Ongoing structural changes for ensuring long-term fiscal sustainability • Initiate studies using independent experts to collect further data and information on City operations
 Citywide Cost Allocation Plan and Fee Study
 Service Delivery Study
 Provide information, strategies, and options to City Council for future fiscal years • Maintain reliable revenue source by placing renewal of sales tax (Measure R) on ballot in 2024
• Additional surplus = Service reductions
9 Agenda Packet Page 186 of 192
Gann Limit
10 $184,105,158
Gann Limit
Included in the recommended actions for adopting the FY 2024- 25 Budget is the approval of the calculation and establishing the City’s FY 2024-25 Gann Appropriation Limit
The California Government Code requires that the City adopt the Gann appropriations limit by resolution on an annual basis Agenda Packet Page 187 of 192
Proposed Budget Summary
The FY 2024-25 & FY 2025-26 Proposed Biennial Budget:
• Reflects City Council priorities, including feedback received as the budget has been developed
• Aligns with the City's Strategic Plan
• Has revenues exceeding expenditures; doesn’t use any reserves • Maintains reserves above 10%, not including $9M in EDRF • Enables the City to continue providing key services without service delivery impacts, while making thoughtful decisions about longterm adjustments 11 Agenda Packet Page 188 of 192
Next Steps
• Questions, Comments, Direction
• Additional Special Meetings as needed
• Adoption of Budget by June 30, 2024
• City of El Cerrito
• Public Financing Authority
• Pension Board
• Gann Limit
12 Agenda Packet Page 189 of 192
13 The Digital Budget Book is
available online at:
el-cerrito.org/BiennialBudget
More information at:
el-cerrito.org/BudgetProcess
IMPORTANT LINKS:

Agenda Packet Page 190 of 192
From: Ira Sharenow
To: City Clerk; Holly Charléty
Cc: Tessa Rudnick; Lisa Motoyama; Paul Fadelli
Subject: Item 9A Budget
Date: Thursday, June 13, 2024 5:24:28 PM
Caution! This message was sent from outside your organization.

I recommend the council postpone a vote until it has a chance to study the impact of the city’s CalPERS debt. According to the city’s consultants, as stated in the September 19, 2023 packet, the city now owes $85 million.
2017 UAL payment: $3.2 million
2031 UAL payment: $9.7 million
The city failed to take advantage of the low interest rate environment and now faces the prospect of paying close to $10 million per year just in UAL.

In retrospect, it may be that the Section 115 Trust was a loser. It may pay about 1% more than LAIF, so about $15,000 per year more than LAIF. However, the city spent a lot of money to hire a consultant and also spent a lot of staff time.

It looks like over the decade of the 2020s, El Cerrito will run deficits for seven of those years. The surplus years were during the unique circumstances of Covid. The norm seems to be to run deficits and certainly NOT to have the $1 million surplus that was recommended by FAB.

September 19, 2023
Agenda Item No. 9.A.

Pension Liability
The City of El Cerrito, like most cities in California, has an unfunded accrued liability (“UAL”) associated with its CalPERS pension plan. A UAL occurs when the current pension plan assets are not projected to be sufficient to pay total pension costs in future years. The City’s UAL has fluctuated in the past couple of years, mainly due to CalPERS’ annual investment returns. As of June 30, 2021, the City's UAL was $57.8 million, which was a 22.4% decrease from the City’s UAL of $74.5 million at the end of FY 2019-20. This was due to a very strong investment return of 21.3% in FY 2020-21.

However, CalPERS then reported an investment return of -7.5% in FY 2021-22 (revised from preliminary returns of -6.1%), which increased the City's UAL to $85.0 million. This is shown in the City’s latest CalPERS Actuarial Valuation reports, which were recently made available to the City. CalPERS charges the City a 6.8% interest rate on the UAL and requires a repayment schedule that escalates over the next decade. The City’s annual UAL payment increased 96% from $3.2 million in FY 2017-18 to $6.2 million in FY 2022-23. The City’s UAL payment in FY 2023-24 ($6.1 million) is slightly lower than last fiscal year, due to the 21.3% investment returns, but then the City’s UAL payments are projected to escalate and reach a peak annual payment of $9.7 million in 2031. This is illustrated in the chart below:

Agenda Item No. 9.A.

Supplemental Materials Page 9 of 10
Agenda Packet Page 191 of 192
What are the costs of the library effort? Are they specified in the budget? El Cerrito has about 17,440 registered voters. The county will charge something like $9 to $14 per registered voter for a special election, so just the ballot measure alone will cost about $175,000. Then with all of the mailers and all of the staff time, the cost will likely be over $200,000.

Ira Sharenow
El Cerrito, CA
Supplemental Materials Page 10 of 10
Agenda Packet Page 192 of 192