Council Approved:
• Receives and processes complex permit applications, plans, specifications, and supporting documents; calculates and collects applicable fees; prepares and issues a variety of permits and releases approved plans following established guidelines. • Ensures timely service is provided to all customers; provides information and assistance at the front counter, on the phone, and through e-mail by answering questions and providing information regarding community development, building, and permit processes, fees, and procedures; provides information regarding applicable local, state, and federal regulations and municipal codes, ordinances, standards, and guidelines; coordinates the resolution of issues or conflicts with development review staff within other divisions, departments, and outside agencies. • Leads and performs preliminary review of plans; ensures timely coordination of plan review with other City staff and departments.
• Directs and participates in the organization and maintenance of accurate and detailed databases, spreadsheets, files, and records; verifies accuracy of information, researches discrepancies, and records information; queries and organizes data; ensures compliance with established records retention schedules including archiving, scanning, and destructing files. • Researches, compiles, and summarizes data and information and prepares various correspondence, reports, and related documentation; creates and processes quarterly and monthly development services reports including tracking payments received.
• Verifies and reviews applications, records, files, and reports for completeness and conformance with established regulations and procedures; applies departmental and City policies and procedures in determining completeness of applications, records, and files. • Resolves a variety of complex issues and/or concerns within the permit process, including but not limited to permit and plan submittals/processing, illegal construction, code violations and inspections. • Observes and complies with all City and mandated safety rules, regulations, and protocols. • Performs related duties as assigned.
QUALIFICATIONS
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
• Equivalent to completion of the twelfth (12th) grade. Some college level coursework is desirable.
Experience:
• Five (5) years of increasingly responsible permit processing experience.
Certifications and Licenses:
• Possession of, or ability to obtain within twelve (12) months of appointment, a Residential Building Inspector Certificate or Permit Technician Certificate issued by the International Code Council (ICC), to be maintained throughout employment.
• Individuals who are appointment to this position will be required to maintain a current and valid California Driver’s License and satisfactory driving record throughout employment OR demonstrate the ability to travel to various locations in a timely manner as required in the performance of duties. *A current and valid out-of-state license may be used upon hire and a valid California Driver’s License must be obtained within six (6) months of appointment.
Agenda Packet Page 120 of 330
Senior Permit Technician
Council Approved:
Knowledge of:
• Principles of providing functional direction and training and leading work of assigned staff. • Permit, building inspection, and code enforcement programs, procedures, and requirements. • Research, data collection, and reporting techniques, methods, and procedures. • Business correspondence writing and the standard format for reports, correspondence, and related documents.
• Methods of preparing and processing various applications, plans, records, reports, and forms. • Principles and procedures of record-keeping.
• Business arithmetic.
• Applicable federal, state, and local laws, codes, and regulations as well as industry standards and best practices pertinent to the assigned area of responsibility. • City and mandated safety rules, regulations, and protocols. • Techniques for de-escalation and providing a high level of customer service by effectively assisting with the public, vendors, and City staff.
• Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.
Ability to:
• Plan, organize, lead, and coordinate the work of assigned staff. • Effectively provide staff leadership and work direction. • Explain permit, building inspection, and code enforcement programs, procedures, and requirements; identify and respond to issues and concerns.
• Research, summarize, and present information and data in an effective manner. • Process complex permit applications, plans, reports, forms, and other documents. • Review and understand plans and related documents.
• Respond to and effectively prioritize multiple phone calls and other requests for information and/or service.
• Make accurate mathematical computations.
• Understand, interpret, and apply all pertinent laws, codes, regulations, policies, and procedures and standards relevant to work performed.
• Maintain accurate records, reports, and other written material. • Prepare clear and concise reports, correspondence, documentation, and other written materials. • Use tact, initiative, prudence, and judgment within general policy and procedural guidelines. • Organize work, set priorities, meet critical deadlines, and follow-up on assignments. • Communicate effectively both orally and in writing using the English language. • Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
• Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. This is primarily a sedentary office classification although Agenda Packet Page 121 of 330
Senior Permit Technician
Council Approved:
standing in work areas and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 10 pounds.
ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with challenging individuals while interpreting and enforcing policies and procedures.
WORKING CONDITION
During an emergency, all City employees serve as a Disaster Services Emergency Worker and are expected to work overtime, weekends, evenings, and holidays in order to respond and assist the City.
Agenda Packet Page 122 of 330
Agenda Item No. 7.F.
Attachment 16
FLSA: Non-Exempt
NEIGHBORHOOD PRESERVATION OFFICER I-II
DEFINITION
Under general supervision and direction, performs a variety of public contact duties related to the City’s code compliance program, including the identification, investigation, and correction of violations of the City’s municipal, zoning, land use, and building and residential codes, health and safety issues, and other matters of public concern; seeks voluntary compliance or issues citations; and performs related duties as assigned.
SUPERVISION RECEIVED AND EXERCISED
Receives general supervision and direction from assigned supervisory or management personnel.
Exercises no direct supervision over staff.
CLASS CHARACTERISTICS
Neighborhood Preservation Officer I: This is the entry-level classification in the Neighborhood Preservation Officer series. Initially under close supervision, incumbents primarily perform rental, residential, and business license inspections and less complex code enforcement cases. As experience is gained, assignments become more varied and complex; close supervision and frequent review of work lessen as an incumbent demonstrates skill to perform the work independently. Positions at this level usually perform most of the duties required of the positions at the Neighborhood Preservation Officer II-level but are not expected to function at the same skill level and usually exercise less independent discretion and judgment in matters related to work procedures and methods. Work is usually supervised while in progress and fits an established structure or pattern. Exceptions or changes in procedures are explained in detail as they arise.
Neighborhood Preservation Officer II: This is the journey-level classification in the Neighborhood Preservation Officer series. Positions at this level are distinguished from the Neighborhood Preservation Officer I-level by the performance of more complex investigations and code enforcement cases and the full range of duties as assigned, working independently, and exercising judgment and initiative. Positions at this level receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies of the work unit. This classification is distinguished from the Neighborhood Preservation Coordinator in that the latter is responsible for planning, developing, coordinating, and administering the City's Residential Rental Inspection, Vacant Properties, and Code Enforcement programs including developing and implementing program goals, policies, procedures, and ordinances.
Positions in the Neighborhood Preservation Officer classification series are flexibly staffed; positions at Neighborhood Preservation Officer II may be filled by advancement from Neighborhood Preservation Officer I; progression to Neighborhood Preservation Officer II is dependent on (i) management affirmation Agenda Packet Page 123 of 330
Neighborhood Preservation Officer I-II
Council Approved:
that the position is performing the full range of duties assigned to the classification; (ii) satisfactory work performance; (iii) the incumbent meeting the minimum qualifications for the classification including any licenses and certifications; and (iv) management approval for progression to Neighborhood Preservation Officer II.
EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
Positions at the Neighborhood Preservation Officer I-level may perform some of these duties and responsibilities in a learning capacity.
• Receives and responds to concerns regarding violations of zoning, rentals/housing, signage, health, noise, animal, public safety, property maintenance, weed abatement, business license, and nuisance code violations.
• Investigates possible violations, photographs evidence, and communicates with responsible persons via telephone, in person, or in writing; interprets codes and regulations and explains inspection procedures and regulations to involved parties.
• Prepares investigative reports and initiates procedures to obtain compliance with City codes by meeting with community member(s) and property owners, providing recommendations for compliance, issuing citations for violations as necessary, and conducting follow-up investigations. • Advises and provides information to property owners and the public including answering questions and providing information regarding neighborhood preservation processes and procedures; reviews, interprets, and explains applicable local, state, and federal regulations and municipal codes, ordinances, standards, and guidelines.
• Prepares non-compliance cases for legal action; presents testimony at hearings. • Coordinates neighborhood preservation activities with other agencies and City staff and departments as required.
• Researches, compiles, and summarizes data and information and prepares various correspondence, reports, and related documentation.
• Maintains accurate and detailed databases, spreadsheets, files, and records. • Observes and complies with all City and mandated safety rules, regulations, and protocols. • Perform related duties as required.
QUALIFICATIONS
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
Neighborhood Preservation Officer I/II: Equivalent to completion of the twelfth (12th) grade.
Experience:
Neighborhood Preservation Officer I: One (1) year of experience performing field inspections, site surveys, or investigations.
Agenda Packet Page 124 of 330
Neighborhood Preservation Officer I-II
Council Approved:
Neighborhood Preservation Officer II: Three (3) years of neighborhood preservation/code enforcement experience at a level equivalent to the City’s Neighborhood Preservation Officer I.
Certifications and Licenses:
• Possession of a current and valid California Driver’s License and satisfactory driving record to be maintained throughout employment. An out-of-state license may be used during the hiring process, but a valid California Driver’s License must be obtained prior to appointment.
Knowledge of:
Some knowledge, skills, and abilities may be performed in a learning capacity for Neighborhood Preservation Officer I positions.
• Principles, practices, methods, and techniques of neighborhood preservation, code violation investigation, enforcement, and compliance including conducting and documenting inspections, notification procedures, procedures for correcting violations, and principles used to prepare legal documents.
• Requirements of municipal, zoning, and related codes, ordinances, and regulations. • Legal descriptions and boundary maps of real property and legal terminology as used in code compliance.
• Research, data collection, and reporting techniques, methods, and procedures. • Business correspondence writing and the standard format for reports, correspondence, and related documents.
• Methods of preparing and processing various records, reports, and forms. • Principles and procedures of record keeping.
• Applicable federal, state, and local laws, codes, and regulations as well as industry standards and best practices pertinent to the assigned area of responsibility. • City and mandated safety rules, regulations, and protocols. • Techniques for de-escalation and providing a high level of customer service by effectively assisting with the public, vendors, and City staff.
• Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.
Ability To:
• Explain and enforce municipal, zoning, and related codes, ordinances, and regulations to property owners, residents, and others.
• Identify and respond to issues and concerns of City management and staff, a variety of community and business groups, and the general public in a fair, tactful, and timely manner. • Solicit cooperation with violators in achieving code compliance. • Apply methods and procedures used in code enforcement including notification procedures, criminal, civil, and administrative remedies, and principles used to prepare legal documents. • Research, summarize, and present information and data in an effective manner. • Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
• Maintain accurate records, reports, and other written material. • Prepare clear and concise reports, correspondence, documentation, and other written materials. • Use tact, initiative, prudence, and judgment within general policy and procedural guidelines. • Organize work, set priorities, meet critical deadlines, and follow-up on assignments.
Agenda Packet Page 125 of 330
Neighborhood Preservation Officer I-II
Council Approved:
• Communicate effectively both orally and in writing using the English language. • Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
• Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
PHYSICAL DEMANDS
When assigned to an office environment, must possess mobility to work in a standard office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone; ability to stand and walk between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information.
When assigned to field inspection, must possess mobility to work in changing site conditions; possess the strength, stamina, and mobility to perform light to medium physical work; to sit, stand, and walk on level, uneven, or slippery surfaces; to reach, twist, turn, kneel, and bend, to climb and descend ladders; and to operate a motor vehicle and visit various City sites; vision to inspect site conditions and work in progress.
The job involves fieldwork requiring frequent walking in operational areas to identify problems or hazards, with exposure to hazardous materials in some site locations. Employees must possess the ability to lift, carry, push, and pull materials and objects averaging a weight of 40 pounds, or heavier weights, in all cases with the use of proper equipment and/or assistance from other staff.
ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees also work in the field and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, mechanical and/or electrical hazards, and hazardous physical substances and fumes. Employees may interact with challenging individuals while interpreting and enforcing policies and procedures.
WORKING CONDITIONS
During an emergency, all City employees serve as a Disaster Services Emergency Worker and are expected to work overtime, weekends, evenings, and holidays in order to respond and assist the City.
Agenda Packet Page 126 of 330
Agenda Item No. 7.F.
Attachment 17
FLSA: Non-Exempt
PROGRAM COORDINATOR
DEFINITION
Under general supervision, plans, develops, coordinates, and administers assigned programs and services in compliance with established federal, state, and local regulations; acts as a liaison between the public and various City divisions/departments; plans, organizes, and leads the work of staff responsible for providing services within a program(s) providing technical and functional lead direction; provides assistance and support to the Department Director or other management and supervisory staff; assigned special projects to improve service delivery, and performs related duties as assigned.
SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from assigned supervisory or management personnel. May exercise technical and functional lead direction over and provide training to assigned staff.
CLASS CHARACTERISTICS
This Program Coordinator is an entry-level classification in the Program Management series, responsible for the coordination of departmental programs. Incumbents have responsibility for planning, developing, coordinating, and implementing departmental program goals and objectives. Positions in this classification rely on experience and use independent judgment to ensure the program operates and functions efficiently and effectively for service delivery based on needs. Performance of the work requires the use of independence, initiative, and judgment within established guidelines and scope of practice.
Incumbents are responsible for planning, organizing, reviewing, and leading the work of assigned staff; and providing expertise and technical support to the Director in a variety of areas. The Program Coordinator is distinguished from the Program Manager by a combination of factors, which may include but not limited to the latter has more oversight and management responsibility over the program’s design and function, has a greater breadth, depth and span of control; a greater preponderance of budgetary and administrative accountabilities, manages staff(s) and has more complex service delivery provisions.
EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Plans, develops, coordinates, and administers assigned departmental programs; participates in the development and implementation of program goals, objectives, and policies. • Develops and standardizes procedures and methods to improve and continuously monitors the efficiency and effectiveness of assigned programs, service delivery methods, and procedures; identifies opportunities for improvement and makes recommendations to management.
Agenda Packet Page 127 of 330
Program Coordinator
Council Approved:
• Plans, organizes, and leads the work of staff responsible for performing functions within the program(s) scope; prioritizes work and prepares weekly schedules; trains staff in work procedures; makes recommendations for employee performance evaluation; coaches employees. • Participates and assists in annual budget preparation for assigned programs; identifies resource needs; prepares detailed cost estimates with appropriate justifications; monitors and controls expenditures.
• Participates in developing and overseeing requests for proposals for contract/consultant services; gathers information to prepare scope of work; participates in evaluating proposals; administers contracts; oversees and controls the quality of work of contractors/consultants to ensure compliance with specifications and City standards for service quality. • Ensures program functions and services are processed in a timely manner and in accordance with established procedures, codes, federal and state laws, and local ordinances. • Works cooperatively with other City-wide departmental programs, projects, and activities; serves as a liaison for assigned programs and functions with other City departments, divisions, outside agencies, and the public.
• May calculates, collects, and processes various fees; generates and provides fee estimates for large developments; researches and recommends updates to the fee schedule. • Performs a variety of tasks to effectively manage the program such as reviewing, planning, and coordinating the work of assigned staff with other individuals inside and outside of the agency, City staff and departments; may conduct site visits as needed. • Assists, troubleshoots, and directs concerns from the public to appropriate locations and/or staff; provides a high level of customer service; responds to concerns, and requests for information; interprets and applies regulations, policies, procedures; coordinates or resolves problems or discrepancies of a moderate nature when appropriate.
• Ensures timely service delivery to all customers; provides information and assistance at the front counter, on the phone, and through e-mail; answers questions and providing information regarding the program(s); provides information regarding applicable local, state, and federal regulations and municipal codes, ordinances, standards, and guidelines. • Conducts various studies on programs, projects, and services; collects and interprets data from a variety of sources; ensures accuracy of information.
• Designs, creates, and edits a variety of documents, including correspondence, letters, memos, agendas, staff reports, lists, forms, schedules, and informational materials. • Prepares and makes presentations to the City Council, boards, commissions, and committees, and a variety of groups and other jurisdictions interested in or affected by the City’s programs, projects, and services.
• Organizes and maintains accurate and detailed databases, spreadsheets, files, and records, verifies accuracy of information, researches discrepancies, and records information; ensures compliance with established records retention schedules including archiving, scanning, and destructing files. • Assists with the implementation, administration, and maintenance of department specific database(s); provides database coordination and system administration. • Receives, investigates, and responds to moderately difficult and sensitive problems and concerns in a professional manner; identifies and reports findings, consults with management staff to takes necessary corrective action.
• Ensures staff compliance with all City and mandated safety rules, regulations, and protocols. • Performs related duties as assigned.
Agenda Packet Page 128 of 330
Program Coordinator
Council Approved:
QUALIFICATIONS
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
• Equivalent to completion of an associate degree with major coursework related to the assigned program area or field. A bachelor’s degree is desirable.
Experience:
• Three (3) years of increasingly responsible experience related to the assignment or program, preferably in a lead capacity or involving project management.
Licenses and Certifications:
• Some positions, depending on assignment, may require specialized certifications or training pertaining to the scope of work.
• Individuals who are appointment to this position will be required to maintain a current and valid California Driver’s License and satisfactory driving record throughout employment OR demonstrate the ability to travel to various locations in a timely manner as required in the performance of duties. *A current and valid out-of-state license may be used upon hire and a valid California Driver’s License must be obtained within six (6) months of appointment.
Knowledge of:
• Program planning, development, and coordination principles, practices, and methods including policy and procedure development, quality control, and work standards. • Principles of providing functional direction and training and leading work of assigned staff. • Principles and techniques for working with groups and fostering effective team interaction to ensure teamwork is conducted smoothly.
• Basic principles and practices of budget and contract preparation and administration. • Programs, procedures, and requirements related to the scope of work and nature of program. • Research, data collection, and reporting techniques, methods, and procedures. • Business correspondence writing and the standard format for reports, correspondence, and related documents.
• Methods of preparing and processing various applications, plans, records, reports, and forms. • Record keeping and filing system methods, principles, and practices. • Business arithmetic.
• Applicable federal, state, and local laws, codes, and regulations as well as industry standards and best practices pertinent to the assigned area of responsibility. • City and mandated safety rules, regulations, and protocols. • Techniques for de-escalation and providing a high level of customer service by effectively assisting with the public, vendors, and City staff.
• Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.
Agenda Packet Page 129 of 330
Program Coordinator
Council Approved:
Ability to:
• Plan, develop, coordinate, and administer departmental programs in compliance with established federal, state, and local regulations.
• Participate in the development and implementation of goals, objectives, policies, and priorities for assigned programs.
• Plan, organize, lead, and coordinate the work of assigned staff. • Effectively provide staff leadership and work direction. • Participates and assists in the preparation and administration of budgets and contracts; makes recommendations to allocate limited resources in a cost-effective manner. • Explain the program’s procedures, and requirements; identify and respond to issues and concerns. • Research, summarize, and present information and data in an effective manner. • Make accurate mathematical computations.
• Understand, interpret, and apply all pertinent laws, codes, regulations, policies, and procedures and standards relevant to work performed.
• Maintain accurate records, reports, and other written material. • Prepare clear and concise reports, correspondence, documentation, and other written materials. • Use tact, initiative, prudence, and judgment within general policy and procedural guidelines. • Organize work, set priorities, meet critical deadlines, and follow-up on assignments. • Communicate effectively both orally and in writing using the English language. • Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
• Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 10 pounds.
ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with challenging individuals while interpreting and enforcing policies and procedures.
WORKING CONDITIONS
City employees are expected to work overtime, weekends, evenings, and holidays as required to accommodate the City’s needs and attend events/meetings, in addition to responding as a Disaster Services Emergency Worker.
Agenda Packet Page 130 of 330
Agenda Item No. 7.F.
Attachment 18
FLSA: Non-Exempt
AQUATICS INSTRUCTOR I-II-III
DEFINITION
Under general supervision and depending on assignment, provides specialized instruction for aquatics classes and safety programs; conducts lessons and classes tailored to participant interest and abilities; provides demonstrations and supervises program participants; continuously supervises and monitors participants to ensure their safety and well-being; participates in required training programs; and performs related work as required.
SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from assigned supervisor. Aquatics Instructor I exercises no direct supervision over staff. Aquatics Instructor II and III exercises technical and functional lead direction over and provides training to assigned staff.
CLASS CHARACTERISTICS
Aquatics Instructor I: This is the journey-level classification in the Instructor series responsible for independently delivering a variety of lessons/classes and are assigned primary responsibility for delivery of swim classes, coaching, and safety instruction. Positions at this level exercise judgment and initiative in their assigned tasks, receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies of the work unit.
Aquatics Instructor II: This is the advanced journey-level/specialist classification in the Instructor series responsible for performing the most difficult/specialized work assigned to the series, requiring advanced skills and training in the related subject matter area including planning and supervising workouts for the City’s swim teams and specialized aquatic and safety classes. Positions at this level exercise judgment and initiative in their assigned tasks, receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies of the work unit.
Aquatics Instructor III: This is the advanced journey-level/specialist classification in the Instructor series responsible for performing the most difficult/specialized work assigned to the series, requiring extensive training and industry certification(s) in the related subject matter area including overall supervision and instruction as a Water Aerobics Instructor or other specialized aquatic classes. Positions at this level exercise judgment and initiative in their assigned tasks, receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies of the work unit.
Each progressive level in the Instructor classification series performs substantially similar duties related to the delivery of sports, recreation, and/or leisure instructional classes and/or lessons. Allocation within the classification series is determined by the specialized nature of the particular instructional activity, Agenda Packet Page 131 of 330
Aquatics Instructor I-II-III
Council Approved:
market competition/availability of qualified instructors, and the level of knowledge, skills and abilities possessed by the incumbent as determined by the incumbent’s background, training, and activity-related industry certification(s).
EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Leads, teaches, and conducts aquatics lessons, classes, and activities for groups of youth, teens, adults, and/or seniors according to collective ability level of participants. • Provides technical guidance to participants by demonstrating skills, methods, and techniques, ensuring proper form and safety.
• Supervises participants during instruction sessions or team practices; assists in planning/plans workouts for the swim teams and/or specialized classes. • Communicates with parents and other staff regarding assignments, participant progress, and upcoming events, as assigned.
• Attends swim meets, as assigned.
• Records and submits results from swim meets, as assigned. • Conducts try outs for new swimmers and parent orientations. • Provides aquatic safety and supervision for patrons; monitors activities in the pool and facilities to avoid and prevent accidents, and to ensure the safety and well-being of patrons; promotes public safety at all times.
• Enforces swimming pool and aquatics facility rules and regulations. • Provides first responder medical emergency response to water and other emergencies; administers first aid and adult, child, and/or infant cardiopulmonary resuscitation (CPR) as required. • Inspects and maintains swimming and pool equipment for functionality; recommends maintenance and repairs as required; tests and monitors pool water chemistry and clarity including recording chemical levels.
• Covers and uncovers swimming pool with tarps; tightens and rearranges lane lines as required. • Attends trainings, workshops, and classes related to job duties. • Receives and responds to questions and concerns; determines issue and resolves within established guidelines or refers to supervisor as appropriate; suggests program improvements. • Maintains logs and records of activities including incident reports and training logs. • Answers telephones and performs clerical duties including data entry for the aquatics facility. • Assists with citywide special events and recreation department activities as assigned. • Observes and complies with all City, local, State, and Federal mandated safety rules, regulations, and protocols.
• Performs related duties as required.
QUALIFICATIONS
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
Aquatics Instructor I-II-III: Equivalent to completion of the eighth (8th) grade.
Agenda Packet Page 132 of 330
Aquatics Instructor I-II-III
Council Approved:
Experience:
Aquatics Instructor I: One (1) year of experience providing direct instruction/training/coaching to participants in a sport, recreation, and/or leisure program including aqua fitness classes and/or swim teams, specialized aquatic classes, or equivalent.
Aquatics Instructor II: Two (2) years of increasingly responsible experience providing direct instruction/training/coaching to participants in a sport, recreation, and/or leisure program including experience Head Coaching swim teams, design and implementation of swim team workouts, preparing workouts for and instructing aquatic fitness classes or specialized aquatic classes.
Aquatics Instructor III: Two (2) years of increasingly responsible experience providing direct instruction to participants in a sport, recreation, and/or leisure program including experience Head Coaching swim teams, design and implementation of swim team workouts, preparing workouts for and instructing aquatic fitness classes or specialized aquatic classes.
Licenses and Certifications:
Aquatics Instructor I-II-III:
• If assigned to aquatic instruction, possession of a valid Lifeguard Training certification from the American Red Cross or equivalent agency, including current and valid First Aid, CPR/AED for the Professional Rescuer, and Emergency Oxygen Administration, or equivalent, to be maintained throughout employment.
• Based on assignment, possession of advanced certification(s) of specialized class(es).
Aquatics Instructor I:
• Based on assignment, possession of a valid United States Masters Swimming Level II Coaching or equivalent certification, to be maintained throughout employment. • Based on assignment, possession of a valid USA Swimming Shield Certified Coach-Core certification or equivalent, to be maintained throughout employment.
• Based on assignment, possession of a valid American Red Cross Lifeguard Instructor (LGI) or Water Safety Instructor (WSI) certification, or equivalent, to be maintained throughout employment.
Aquatics Instructor II:
• Based on assignment, possession of a valid USA Swimming Shield Certified Coach-Head Coach certification, to be maintained throughout employment.
• Possession of both a valid American Red Cross Lifeguarding Instructor (LGI) and Water Safety Instructor (WSI) certifications, or similar/equivalent, to be maintained throughout employment.
Aquatics Instructor III:
• Based on assignment, possession of a valid Aquatics Fitness Professional certification from the Aquatics Exercise Association or equivalent, to be maintained throughout employment.
Knowledge of:
• Instructional methods and techniques applicable to the aquatics field, as applicable, which may include beginning through advanced swim strokes.
• Modern principles and practices of swimming and safety programs development and implementation.
Agenda Packet Page 133 of 330
Aquatics Instructor I-II-III
Council Approved:
• Swim competition rules and procedures.
• Methods and techniques of implementing aquatics activities including the design and implementation of swim team and fitness workouts, as assigned.
• Age and ability-appropriate program content.
• Operations, services, activities, and equipment of assigned class or team. • Swimming pool, guest safety, and emergency procedures. • Operational characteristics of water rescue safety equipment and devices. • Methods, materials, and equipment involved in the maintenance and operation of swimming pools. • Occupational hazards and standard safety practices.
• Basic principles and procedures of recordkeeping.
• Applicable federal, state, and local laws, codes, and regulations as well as industry standards and best practices pertinent to the assigned area of responsibility. • Techniques for de-escalation and providing a high level of customer service by effectively assisting with the public, vendors, and City staff.
• Modern equipment and communication tools used for business functions and program, project, and task coordination.
• Computers and software programs (e.g., Microsoft software packages) to conduct, compile, and/or generate documentation.
Ability to:
• Lead and teach assigned aquatics classes or swim team practices and activities for a variety of age levels.
• Oversee the operations and activities of assigned program. • Design and implement water fitness workouts or swim team practice workouts, as assigned. • Provide effective instruction regarding swim form, technique, and competition readiness. • Conduct age and ability appropriate activities.
• Provide instruction, feedback, and evaluation to program participants. • Attentively observe and monitor the safety of swimmers and other guests using aquatic facilities. • Operate and maintain lifesaving equipment.
• Enforce swimming pool and facility rules and regulations. • Learn City, County, State, and Federal and mandated safety rules, regulations, and protocols. • Think and act quickly and effectively in emergencies. • Maintain discipline, order, and safety in a crowded and noisy environment. • Maintain facilities and equipment in a clean, safe, and secure manner. • Maintain accurate logs, records, and basic written records of work performed. • Perform basic mathematical calculations.
• Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
• Effectively use computer systems, software applications, and modern business equipment to perform a variety of work tasks.
• Communicate effectively both orally and in writing using the English language. • Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
Agenda Packet Page 134 of 330
Aquatics Instructor I-II-III
Council Approved:
PHYSICAL DEMANDS
Work is primarily performed within a public swimming pool environment where stamina is needed to perform moderate to heavy lifting of pool equipment and furniture, or children or adults who may require removal from the pool, and to stay in the pool for prolonged periods of time. Must possess the mobility to stand, stoop, kneel, reach, bend, climb, push and pull materials and equipment, and swim, while wearing an appropriate uniform with protective equipment. Vision and hearing which must be sufficient to see and hear adults and children in crowded and noisy conditions situations. Must also possess the mobility to work in an office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person or by using a telephone and radio. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or to operate safety equipment. Must possess the ability to swim distances, and dive to pool depths, as determined by testing/certification authorities, and to lift 100 pounds or heavier weights with the use of proper equipment and/or assistance from other staff.
ENVIRONMENTAL CONDITIONS
Employees work outdoors in a pool environment with wet and slippery conditions and are exposed to variable weather conditions and variable noise levels; may be exposed to chlorine, acids, and other chemicals at aquatics facilities, as well as blood and body fluids while rendering first aid and CPR.
Employees may interact with challenging individuals while interpreting and enforcing policies and procedures.
WORKING CONDITIONS
Incumbents are required to wear uniforms; may be required to work varied shifts including nights, weekends, and holidays in addition to responding as a Disaster Services Emergency Worker. Incumbents must be able to pass continuous skill audits, maintain required certifications, and are required to participate in a minimum of 16 hours of formal rescue skills training and regular staff meetings.
Agenda Packet Page 135 of 330
Agenda Item No. 7.F.
Attachment 19
FLSA: Non-Exempt
LIFEGUARD I-II
DEFINITION
Under general supervision and depending on assignment, monitors and controls activities of swimmers and community members at a City aquatic facility; provides routine to advanced/specialized swim lessons and aquatics safety programs; conducts lessons and classes tailored to participant interest and abilities; provides demonstrations and supervises program participants; continuously supervises and monitors participants to ensure their safety and well-being; maintains all aquatics division apparatus and equipment; participates in required training programs; participates in inspections and related aquatic education and prevention activities; enforces swimming pool rules and regulations; rescues and administers first aid treatment to children and adults in distress and responds to unsafe conditions or potential hazards; teaches swimming and safety skills to children and adults; and performs related work as required.
SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from assigned higher-level Aquatics personnel. Exercises no direct supervision over staff.
CLASS CHARACTERISTICS
Lifeguard I: This is the journey-level classification in the Lifeguard series. Positions at this level perform the full range of duties as assigned, working independently, and exercising judgment, initiative, attentively observe swimmers, ensure compliance with pool policies and safety guidelines. Positions at this level receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies of the work unit.
Lifeguard II: This is the advanced journey-level, classification in the Lifeguard series. Positions are responsible for performing the more difficult/specialized work assigned to the series, requiring advanced skills and training in the related subject matter area including teaching more advanced swim lessons and stroke technique, or teaching Lifeguard classes. Positions at this level exercise judgment and initiative in their assigned tasks, receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies of the work unit.
The Lifeguard II is distinguished from the Senior Guard class in that the latter performs the more complex and technical work assigned to the series and serves as a lead over other staff.
EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
Agenda Packet Page 136 of 330
Lifeguard I-II
Council Approved:
• Provides aquatic safety and supervision for community members; monitors activities in the pool and facilities to avoid and prevent accidents, and to ensure the safety and well-being of patrons; promotes public safety at all times.
• Provides courteous and professional customer service to all patrons, facility users, personnel, and public. • Enforces swimming pool and aquatics facility rules and regulations. • Leads, teaches, and conducts aquatics lessons, classes, and activities for groups of youth, teens, adults, and/or seniors according to collective ability level of participants. • Provides technical guidance to participants by demonstrating skills, methods, and techniques, ensuring proper form and safety.
• Provides first responder medical emergency response; administers first aid as required. • Maintains cleanliness of aquatic facilities including locker rooms, bathrooms, and communal staff areas; performs light cleaning and custodial duties including, but not limited to, mopping, scrubbing, hosing, sweeping, and removing litter.
• Inspects and maintains swimming and pool equipment for functionality; recommends maintenance and repairs as required; tests and monitors pool water chemistry and clarity including recording chemical levels. • Covers and uncovers swimming pool with tarps; tightens and rearranges lane lines as required. • Attends trainings, workshops, and classes related to job duties. • Receives and responds to questions and concerns; determines issue and resolves within established guidelines or refers to supervisor as appropriate.
• Maintains logs and records of activities including incident reports and training logs. • Answers telephones and performs clerical duties including data entry and money handling. • Assists with citywide special events and recreation department activities as assigned. • Observes and complies with all City, local, state, and federal mandated safety rules, regulations, and protocols.
• Performs related duties as required.
QUALIFICATIONS
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
Lifeguard I-II: Equivalent to completion of the tenth (10th) grade.
Experience:
Lifeguard I-II: The minimum age for positions in this classification is fifteen (15). Ability to provide a work permit if you have not completed high school or the equivalent and are under the age of 18 years old.
Lifeguard I: Experience swimming, teaching, or assisting with swim lessons and/or participation in junior lifeguard programs, or equivalent.
Lifeguard I-II: One (1) year of experience lifeguarding and teaching swim lessons.
Agenda Packet Page 137 of 330
Lifeguard I-II
Council Approved:
Licenses and Certifications:
Lifeguard I-II:
• Possession of a current and valid Lifeguarding certification with First Aid and CPR for the Professional Rescuer from the American Red Cross or equivalent agency, to be maintained throughout employment.
Lifeguard II:
• Possession of a valid American Red Cross Lifeguard Instructor (LGI) or Water Safety Instructor (WSI) certification, or equivalent, to be maintained throughout employment.
Knowledge of:
• Swimming pool, guest safety, and emergency procedures. • Lifeguarding skills and methods.
• Instructional methods and techniques applicable to the aquatics field including beginning through advanced swim strokes.
• Modern principles and practices of swimming program development and implementation. • Methods and techniques of implementing aquatics activities. • Age and ability-appropriate program content.
• Operations, services, activities, and equipment of assigned class. • Swimming pool, guest safety, and emergency procedures. • Operational characteristics of water rescue safety equipment and devices. • Methods, materials, and equipment involved in the maintenance and operation of swimming pools. • Basic maintenance and cleaning practices.
• Occupational hazards and standard safety practices.
• Applicable federal, state, and local laws, codes, and regulations as well as industry standards and best practices pertinent to the assigned area of responsibility. • City and mandated safety rules, regulations, and protocols including basic first aid and adult and/or child cardiopulmonary resuscitation (CPR) methods.
• Techniques for de-escalation and providing a high level of customer service by effectively assisting with the public, vendors, and City staff.
• Instructional methods and techniques applicable to the aquatics field, as applicable, which may include beginning through advanced swim strokes.
• Modern principles and practices of swimming and safety programs development and implementation. • Modern equipment and communication tools used for business functions and program, project, and task coordination.
• Computers and software programs (e.g., Microsoft software packages) to conduct, compile, and/or generate documentation.
Ability to:
• Attentively observe and monitor the safety of swimmers and other guests using aquatic facilities. • Lead and teach assigned aquatics classes or swim team practices and activities for a variety of age levels. • Provide instruction, feedback, and evaluation to program participants. • Operate and maintain lifesaving equipment.
Agenda Packet Page 138 of 330
Lifeguard I-II
Council Approved:
• Enforce swimming pool and facility rules and regulations. • Work with children and adults in a recreational setting. • Learn City and mandated safety rules, regulations, and protocols. • Think and act quickly and effectively in emergencies. • Assist with facility programs and rentals as assigned. • Provide effective instruction regarding swim form, technique, and competition readiness. • Conduct age and ability appropriate activities.
• Provide instruction, feedback, and evaluation to program participants. • Maintain discipline, order, and safety in a crowded and noisy environment. • Maintain facilities and equipment in a clean, safe, and secure manner. • Maintain accurate logs, records, and basic written records of work performed. • Perform basic mathematical calculations.
• Utilize and implement proper money handling and customer service procedures. • Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
• Effectively use computer systems, software applications, and modern business equipment to perform a variety of work tasks.
• Communicate effectively both orally and in writing using the English language. • Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
PHYSICAL DEMANDS
Work is primarily performed within a public swimming pool environment where stamina is needed to perform moderate to heavy lifting of pool equipment and furniture, or children or adults who may require removal from the pool, and to stay in the pool for prolonged periods of time. Must possess the mobility to stand, stoop, kneel, reach, bend, climb, push and pull materials and equipment, and swim, while wearing an appropriate uniform with protective equipment. Vision and hearing which must be sufficient to see and hear adults and children in crowded and noisy conditions. Must also possess the mobility to work in an office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person or by using a telephone and radio. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or to operate safety equipment. Must possess the ability to swim distances, and dive to pool depths, as determined by testing/certification authorities, and to lift 100 pounds or heavier weights with the use of proper equipment and/or assistance from other staff.
ENVIRONMENTAL CONDITIONS
Employees work outdoors in a pool environment with wet and slippery conditions and are exposed to variable weather conditions and variable noise levels; may be exposed to chlorine, acids, and other chemicals at aquatics facilities, as well as blood and body fluids while rendering first aid and CPR. Employees may interact with challenging individuals while interpreting and enforcing policies and procedures.
WORKING CONDITIONS
• Incumbents are required to wear uniforms; may be required to work varied shifts including early mornings, nights, weekends, and holidays in addition to responding as a Disaster Services Emergency Worker. • Incumbents must be able to pass continuous skill audits, maintain required certifications, and are required to participate in formal rescue skills training and regular staff meetings.
Agenda Packet Page 139 of 330
Agenda Item No. 7.F.
Attachment 20
FLSA: Non-Exempt
SENIOR LIFEGUARD
DEFINITION
Under general supervision, monitors and controls activities of swimmers and patrons at a City aquatic facility; enforces swimming pool rules and regulations; functions as a shift lead and oversees the work performed by assigned staff; rescues and administers first aid and emergency treatment to children and adults in distress and responds to unsafe conditions or potential hazards; teaches swimming and safety skills to children, adults, and staff; and performs related work as required.
SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from assigned higher-level Aquatics personnel. Exercises technical and functional lead direction over and provides training to assigned staff.
CLASS CHARACTERISTICS
This is the advanced journey-level classification in the Lifeguard series responsible for performing the most complex work assigned to the series. Incumbents regularly work on tasks which are varied and complex requiring considerable discretion and independent judgment. Positions in the classification rely on experience and judgment to perform assigned duties and ensure efficient and effective servicing function of the assigned program area. Assignments are given with general guidelines and incumbents are responsible for establishing objectives, timelines, and methods to perform the full range of lifeguarding and instructional duties required to ensure the City’s aquatic facilities are maintained in a safe and effective working condition and provide the highest level of safety for public use. Work is typically reviewed upon completion for soundness, appropriateness, and conformity to policy and requirements.
EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Provides technical and functional guidance to assigned staff on an assigned shift; assists with scheduling and directing the workflow for the area of assignment; provides input related to performance evaluations for assigned staff as required. • Trains employees in work methods, quality standards, and relevant safety precautions. • Assists with ordering materials and equipment for the facility. • Assists with coordinating emergency response activities. • Assists with coordinating aquatic and safety programs, ensure proper teaching technique, test, and move participants to appropriate classes, complete end of program reports to give to participants. • Inspects and maintains swimming and pool equipment for functionality; recommends maintenance Agenda Packet Page 140 of 330
Senior Lifeguard
Council Approved:
and repairs as required; tests and monitors pool water chemistry and clarity including recording chemical levels.
• Monitors facility use; ensures that the pool, restrooms, and locker rooms are maintained in a safe, neat, and clean condition; opens and closes the facility. • Calls and facilitates emergency services such as police, fire, or ambulance. • Maintains logs and records of equipment and activities including incident/accident reports and training logs.
• Answers telephones and performs clerical duties including data entry for the aquatic facility. • Assists with citywide special events and recreation department activities as assigned. • Observes and complies with all City mandated safety rules, regulations, and protocols. • Performs related duties as required.
QUALIFICATIONS
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
• Equivalent to completion of the twelfth (12th) grade.
Experience:
• The minimum age for positions in this classification is eighteen (18) or completion of twelfth (12th) grade. Two (2) summer seasons of experience as equivalent to the position of Lifeguard with the City of El Cerrito.
Licenses and Certifications:
• Individuals who are appointment to this position will be required to maintain a current and valid California Driver’s License and satisfactory driving record throughout employment OR demonstrate the ability to travel to various locations in a timely manner as required in the performance of duties. *A current and valid out-of-state license may be used upon hire and a valid California Driver’s License must be obtained within six (6) months of appointment.
• Possession of a valid Lifeguarding certification with First Aid and CPR for the Professional Rescuer from the American Red Cross or equivalent agency, to be maintained throughout employment; or ability to obtain and complete before working any shifts.
• Possession of a valid American Red Cross Lifeguarding Instructor (LGI) and/or Water Safety Instructor (WSI) certification, or equivalent, is highly desirable.
Knowledge of:
• Principles, methods, and techniques of providing functional direction and training to employees. • Organization and operation of the aquatic facility, including maintenance and safety requirements. • Swimming pool, guest safety, and emergency procedures. • Lifeguarding skills and methods.
• Operational characteristics of water rescue safety equipment and devices. • Methods, materials, and equipment involved in the maintenance and operation of swimming pools. • Basic maintenance and cleaning practices.
Agenda Packet Page 141 of 330
Senior Lifeguard
Council Approved:
• Occupational hazards and standard safety practices.
• Principles and practices of recordkeeping.
• Applicable federal, state, and local laws, codes, and regulations as well as industry standards and best practices pertinent to the assigned area of responsibility. • City and mandated safety rules, regulations, and protocols including first aid and CPR for the Professional Rescuer methods.
• Techniques for de-escalation and providing a high level of customer service by effectively assisting with the public, vendors, and City staff.
• Modern equipment and communication tools used for business functions and program, project, and task coordination.
• Computers and software programs (e.g., Microsoft software packages) to conduct, compile, and/or generate documentation.
Ability to:
• Plan, organize, and coordinate the work of lifeguard staff on an assigned shift. • Effectively provide staff leadership, work direction, and training. • Plan optimal lifeguard program coverage to ensure the safety of patrons and staff. • Ensure that staff attend and participate in required trainings and safety procedures. • Attentively observe and monitor the safety of swimmers and other guests using aquatic facilities. • Perform all functions of the Lifeguard I/II classification. • Operate and maintain lifesaving equipment.
• Enforce swimming pool and facility rules and regulations. • Think and act quickly and effectively in emergencies. • Work with children and adults in a recreational setting. • Assist with facility programs and pool rentals.
• Maintain discipline, order, and safety in a crowded and noisy environment. • Maintain facilities and equipment in a clean, safe, and secure manner. • Maintain accurate logs, records, and basic written records of work performed. • Perform basic mathematical calculations.
• Utilize and implement proper money handling procedures. • Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
• Effectively use computer systems, software applications, and modern business equipment to perform a variety of work tasks.
• Communicate effectively both orally and in writing using the English language. • Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
PHYSICAL DEMANDS
Work is primarily performed within a public swimming pool environment where stamina is needed to perform moderate to heavy lifting of pool equipment and furniture, or children or adults who may require removal from the pool, and to stay in the pool for prolonged periods of time. Must possess the mobility to stand, stoop, kneel, reach, bend, climb, push and pull materials and equipment, and swim, while wearing an appropriate uniform with protective equipment. Vision and hearing which must be sufficient Agenda Packet Page 142 of 330
Senior Lifeguard
Council Approved:
to see and hear adults and children in crowded and noisy conditions situations. Must also possess the mobility to work in an office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person or by using a telephone and radio. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or to operate safety equipment. Must possess the ability to swim distances, and dive to pool depths, as determined by testing/certification authorities, and to lift 100 pounds or heavier weights with the use of proper equipment and/or assistance from other staff.
ENVIRONMENTAL CONDITIONS
Employees work outdoors in a pool environment with wet and slippery conditions and are exposed to variable weather conditions and variable noise levels; may be exposed to chlorine, acids, and other chemicals at aquatics facilities, as well as blood and body fluids while rendering first aid and CPR.
Employees may interact with challenging individuals while interpreting and enforcing policies and procedures.
WORKING CONDITIONS
Incumbents are required to wear uniforms; may be required to work varied shifts including early mornings, nights, weekends, and holidays in addition to responding as a Disaster Services Emergency Worker. Ability to be on-call to open, operate, or close facility sometimes with little/no notice.
Incumbents must be able to pass continuous skill audits, maintain required certifications, and are required to participate in formal rescue skills training and regular staff meetings.
Agenda Packet Page 143 of 330
Agenda Item No. 7.F.
Attachment 21
FLSA: Non-Exempt
FACILITY ATTENDANT
DEFINITION
Under general supervision, opens, closes and oversees the proper use of various City facilities; moves furniture and equipment to set up for classes, activities, and functions; interacts with and provides basic information and assistance to the public; performs light custodial work; and performs related work as required.
SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from assigned supervisory or management personnel. Exercises no direct supervision over staff.
CLASS CHARACTERISTICS
This journey-level classification is responsible for independently performing facility operations and customer service duties in support of various City programs. Positions at this level are able to follow established procedures and exercise judgment and initiative in their assigned tasks, receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies of the work unit.
EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Opens, sets up, takes down, and closes facilities for classes, public and private rentals, meetings, and special events; arranges furniture and equipment and ensures set up is in accordance with customer needs and requests.
• Assists groups using facilities as requested; explains and enforces facility rules. • Monitors the proper and safe use of program facilities by the general public and ensures adherence to rules and policies.
• Makes reservations and registers participants for programs and classes; receives program and reservation fees and requests.
• Removes trash in and around buildings; helps ensure proper waste sorting and disposal including recycling and organics; performs light cleaning and custodial duties of facility rooms. • Cleans and disinfects surfaces, refills soap, hand towels and toilet paper dispensers, clean spills and respond to other situations as they arise.
• Identifies and reports building maintenance needs to appropriate staff. • Provides information about City programs, services, activities, and events to the public.
Agenda Packet Page 144 of 330
Facility Attendant
Council Approved:
• Provides staff support at special events
• Maintains accurate schedule and records of work performed and materials and equipment used. • Transports supplies, equipment and program participants in the course of the work. • Performs routine administrative duties such as filing, photocopying, scanning, and answering phone calls and emails, and related functions.
• Performs related duties as required.
QUALIFICATIONS
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
• Equivalent to completion of the twelfth (12th) grade.
Experience:
• Some general clerical or custodial/janitorial experience involving public contact is desirable.
Licenses and Certifications:
• Individuals who are appointment to this position will be required to maintain a current and valid California Driver’s License and satisfactory driving record throughout employment OR demonstrate the ability to travel to various locations in a timely manner as required in the performance of duties. *A current and valid out-of-state license may be used upon hire and a valid California Driver’s License must be obtained within six (6) months of appointment.
Knowledge of:
• Recreation, leisure, and community programs, services, and activities. • Basic safety precautions and procedures related to recreation program area(s) and facilities. • Basic facility maintenance techniques and materials.
• Methods, materials, and equipment used in custodial work. • Proper cleaning methods and the safe usage of cleaning materials, disinfectants, custodial tools, and equipment.
• City and Department cash handling and balancing practices. • Basic arithmetic.
• Basic principles and procedures of record keeping.
• Applicable federal, state, and local laws, codes, and regulations as well as industry standards and best practices pertinent to the assigned area of responsibility. • City and mandated safety rules, regulations, and protocols. • Techniques for de-escalation and providing a high level of customer service by effectively assisting with the public, vendors, and City staff.
• Modern equipment and communication tools used for business functions and program, project, and task coordination.
• Computers and software programs (e.g., Microsoft software packages) to conduct, compile, and/or generate documentation.
Agenda Packet Page 145 of 330
Facility Attendant
Council Approved:
Ability to:
• Provide courteous assistance to facility patrons.
• Set up rooms and facilities for classes, public and private rentals, special events, and meetings according to written diagram and/or verbal direction of supervisor. • Maintain facilities and equipment in a clean, safe, and secure manner. • Use and operate a variety of custodial equipment.
• Maintain accurate logs, records, and basic written records of work performed. • Perform basic mathematical calculations.
• Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
• Effectively use computer systems, software applications, and modern business equipment to perform a variety of work tasks.
• Communicate effectively both orally and in writing using the English language. • Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
PHYSICAL DEMANDS
Must possess mobility to work in a standard office and/or City facility setting and use standard office and/or recreation equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. Must possess the physical stamina to lift and move tables, chairs, and equipment and arrange facilities for classes, public and private rentals, special events, and meetings. Finger dexterity is needed to access, enter, and retrieve data using a computer and to operate standard office equipment. Positions in this classification bend, stoop, kneel, reach, climb, and walk on uneven surfaces to set up and take down facilities; and push and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 50 pounds, or heavier weights with the use of proper equipment.
ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees also work in the field and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, chemicals, mechanical and/or electrical hazards, biologic/infectious agents, and hazardous physical substances and fumes. Employees may interact with challenging individuals while interpreting and enforcing policies and procedures.
WORKING CONDITIONS
Some positions may require working varied shifts and/or alternate schedules as required in addition to responding as a Disaster Services Emergency Worker.
Agenda Packet Page 146 of 330
AGENDA BILL
Agenda Item No. 9.A.
Date: July 16, 2024
To: El Cerrito City Council
From: Roland Lambert, Associate Engineer; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Subject: Construction Contract Award and Budget Amendment for the Miscellaneous Storm Drain Repair Project, City Project No. C5036.10
ACTION PROPOSED
Adopt a resolution to approve plans and specifications for the Miscellaneous Storm Drain Repair, City Project No. C5036.10 (Project); accept the three bids submitted for the Project; authorize the City Manager to execute a contract in the amount of $649,260 with A-3 Pipeline, Inc. and to approve potential change orders in an amount not to exceed $65,000 for the construction of the Project; and amend the Fiscal Year (FY) 2024-25 Adopted Budget and Capital Improvement Program to appropriate $785,000 from the Measure J Storm Drain Fund Balance.
BACKGROUND
The Miscellaneous Storm Drain Repair, City Project No. C5036.10 (Project) is a component of the Measure J-funded Storm Drain Program. This project is intended to complete high priority storm drain repairs at six locations within the City as follows:
1. Colusa Avenue at Hotchkiss Avenue
2. Navellier Street at Donal Avenue
3. Navellier Street at Schmidt Lane
4. Hillside Nature Area at Schmidt Lane
5. King Drive north of Moeser Lane – Alternate Bid Item
6. Arlington Boulevard - Alternate Bid Item
The planned work consists of storm drain pipe, manhole, and inlet construction; sidewalk, curb, and gutter construction; pipe bursting; and other related work. For bidding purposes, to allow flexibility of award within the Project budget, the work was divided into a Base Bid and two Additive Alternate Bids.
The Project was originally bid in March 2024. At that time, City staff recommended that all bids be rejected to incorporate additional requirements into the Project documents including details relating to technical experience, contractor licensing requirements, and other items necessary to allow the City to better evaluate bid responses. On May 7, 2024, the City Council rejected all bids and authorized City staff to amend the project scope if needed and rebid the Project (Resolution 2024-26).
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Agenda Item No. 9.A.
For the rebidding, a Notice Inviting Bids for the Project was advertised in the West County Times on May 13 and 20, 2024. Additionally, the notice along with a complete set of Project documents was sent to eight Builder and Construction Exchanges in the Bay Area and Northern California and made available for purchase through an online plan room. The notice was also posted on the City’s website. A non-mandatory pre-bid conference was held on May 28, 2024. No addenda were issued.
ANALYSIS
Three bids were received by the advertised bid opening date and time of June 4, 2024, at 2 p.m. The bids were publicly opened and read by the City Clerk. All bids were checked for completeness and found to be responsive. The results are summarized below.
Name and
Location of
Bidder
Base Bid Additive
Alternate 1
(King)
Additive
Alternate 2
(Arlington)
Grand
Total
A-3 Pipeline
(San Francisco,
CA)
$452,010.00 $197,250.00 $217,800.00 $867,060.00
FJ&I Engineering
(San Pablo, CA)
$538,958.00 $173,739.50 $116,620.00 $829,317.50
WR Forde
(Richmond, CA)
$618,829.00 $180,390.00 $143,113.00 $942,332.00
Engineer’s
Estimate
$551,375.00 $148,920.00 $118,155.00 $818,450.00
The Contract Documents stipulated that the low bidder was to be determined by the total amount of the Base Bid only. A-3 Pipeline Inc. submitted the lowest Base Bid (A-3) in the amount of $452,010, approximately 18% below the Engineer’s Estimate. A-3 is therefore the lowest responsive and responsible bidder.
The work at King Drive under Additive Alternate 1 has been determined to be of the highest priority. As a result, City staff therefore further compared the bid amounts for this alternate. A-3’s Base Bid plus Additive Alternate 1 totals $649,260 and is below both the Engineer’s Estimate by approximately 7% and below the next closest bidder by 9%. Given the priority of the work at King Drive, City staff recommends that the City Council award the construction contract in the amount of $649,260 for the Base Bid and Additive Alternate 1 to A-3 Pipeline Inc. as the lowest responsive and responsible bidder. City staff also recommends that City Council approve potential change orders in an amount not to exceed $65,000 for the construction of the Project.
STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal(s) of:
• Infrastructure and Amenities.
Agenda Packet Page 148 of 330
Agenda Item No. 9.A.
ENVIRONMENTAL CONSIDERATIONS
The Project is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) because the Project is a repair to an existing facility involving negligible or no expansion of use beyond that presently existing. More specifically, restoration or rehabilitation of deteriorated or damaged facilities to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as an earthquake, landslide, or flood, is exempt from CEQA.
FINANCIAL CONSIDERATIONS
The Measure J Storm Drain Fund will fund the Project. City staff originally anticipated that the Project would be awarded for construction in FY 2023-24. As a result, no budget for construction was requested in the FY 2024-25 Adopted Budget and Capital Improvement Program. Nevertheless, in the May 7, 2024 Agenda Bill, City staff indicated that there were sufficient funds in the Measure J Storm Drain Fund Balance and City staff would request additional funds that may be needed after rebidding of the Project.
The estimated project expenditures for construction now total just under $785,000 as summarized below.
Construction Expenditures
Construction Contract $649,260
Construction Contract Contingency $65,000
Construction Management, Inspection &
Testing
$70,000
Total $784,260
As indicated in the FY 2023-24 Mid-year Budget Update, the projected fund balance at the end of FY 2023-24 was $505,121, assuming a $550,000 budget for the Storm Drain Program. However, only approximately $270,000 was spent or encumbered on urgent repairs and design costs, leaving $280,000. As a result, a total of approximately $785,000 is available in the Measure J Fund Balance in FY 2024-25 for the Project. City staff requests that the City Council appropriate this amount for construction of the Project.
LEGAL CONSIDERATIONS
The City Attorney has reviewed the proposed action and found that legal considerations have been addressed.
Agenda Packet Page 149 of 330
Agenda Item No. 9.A.
Reviewed by:
Karen Pinkos, City Manager
Attachments:
1. Resolution
Agenda Packet Page 150 of 330
RESOLUTION 2024-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO APPROVING
PLANS AND SPECIFICATIONS FOR THE MISCELLANEOUS STORM DRAIN REPAIR, CITY PROJECT NO. C5036.10 (PROJECT); ACCEPTING THE THREE BIDS SUBMITTED FOR THE PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN THE AMOUNT OF $649,260 WITH A-3 PIPELINE, INC.
AND TO APPROVE POTENTIAL CHANGE ORDERS IN AN AMOUNT NOT TO EXCEED $65,000 FOR THE CONSTRUCTION OF THE PROJECT; AND AMENDING THE FISCAL YEAR (FY) 2024-25 ADOPTED BUDGET AND CAPITAL IMPROVEMENT PROGRAM TO APPROPRIATE $785,000 FROM MEASURE J STORM DRAIN FUND
BALANCE FOR THE PROJECT
WHEREAS, the Miscellaneous Storm Drain Repair, City Project No. C5036.10 (Project) is a component of the Measure J Storm Drain Program, and the project is intended to complete high priority repairs at six locations within the City; and WHEREAS, the planned work consists of storm drain pipe, manhole, and inlet construction; sidewalk, curb, and gutter construction; pipe bursting; and other related work; and
WHEREAS, for bidding purposes to allow flexibility of award within the Project budget, the work was divided into a Base Bid and two Additive Alternate Bids; and WHEREAS, the Project was originally bid in March 2024 and to allow the City to better evaluate bid responses by incorporating additional requirements into the Project documents, the City Council rejected all bids and authorized City staff to amend the project scope, if needed, and rebid the Project (Resolution 2024-26); and WHEREAS, for the rebidding, the Notice Inviting Bids for the Project was advertised in the West County Times on May 13 and 20, 2024 and posted on the City’s website; and
WHEREAS, the notice and complete set of Project documents were sent to eight Builder and Construction Exchanges and the Project documents were made available to contractors through an online plan room; and
WHEREAS, a non-mandatory pre-bid meeting was held on May 28, 2024, and no addenda were issued; and
WHEREAS, three bids were received by the advertised bid opening date and time of June 4, 2024, at 2 p.m.; and
WHEREAS, based on the Base Bid as stipulated in the Contract Documents, A-3 Pipeline, Inc. submitted the lowest responsive and responsible bid in the amount of $452,010, which is approximately 18 percent below the Engineer’s Estimate; and Agenda Packet Page 151 of 330
WHEREAS, the work at King Drive under Additive Alternate 1 is of the highest priority and A-3’s Base Bid plus Additive Alternate 1 in the amount of $649,260 is below both the Engineer’s Estimate by approximately 7% and below the next closest bidder by 9%; and
WHEREAS, there is a need to repair these storm drain facilities before the next rainy season, and rebidding of the Project confirmed the City received competitive bids; and
WHEREAS, the construction-related expenditures for the Project are estimated to total $785,000 in FY 2024-25 for the contract, potential change orders, and construction support; and
WHEREAS, a budget amendment is requested for this purpose; and WHEREAS, the Project is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) because the project is a repair to an existing facility involving negligible or no expansion of use beyond that presently existing.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that it hereby:
1) Approves plans and specifications for the Miscellaneous Storm Drain Repair, City Project No. C5036.10 (Project);
2) Accepts the three bids submitted for the Project;
3) Authorizes the City Manager to execute a contract with A-3 Pipeline, Inc. in the amount of $649,260 for the Base Bid and Additive Alternate 1 and to approve any potential change orders in an amount not to exceed $65,000 for the construction of the Project; and
4) Amends the FY 2024-25 Adopted Budget and Capital Improvement Program to appropriate $785,000 from the Measure J Storm Drain Fund Balance for the Project.
BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon passage and adoption.
I CERTIFY that at a regular meeting on July 16, 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 152 of 330
IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on .
________________________
Holly M. Charléty, City Clerk
APPROVED:
________________________
Tessa Rudnick, Mayor
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AGENDA BILL
Agenda Item No. 9.B.
Date: July 16, 2024
To: El Cerrito City Council
From: Will Provost, Assistant to the City Manager, City Management; Christina Leard, Management Analyst III; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Subject: El Cerrito Climate Action & Adaptation Plan
ACTION PROPOSED
Approve a resolution adopting the El Cerrito Climate Action and Adaptation Plan.
BACKGROUND
The City of El Cerrito has been actively working to address climate change for nearly two decades. Key actions taken by the City Council are as follows:
• 2006 - the City Council endorsed the U.S. Mayors Climate Protection Agreement, in which local governments agreed to implement greenhouse gas (GHG) reduction measures (Resolution 2006-61) and the reduction targets of the California Global Warming Solutions Act - AB 32 (Resolution 2006-93) • 2008 - the City Council accepted the City's 2005 baseline GHG emissions inventory and authorized development of a Climate Action Plan (Resolution 2008-33)
• 2011 - the City Council adopted GHG emissions reduction targets of 15% below 2005 levels by 2020 and 30% below 2005 levels by 2035 (Resolution 2011-12) and approved the City's participation in the Institute for Local Government's Beacon Award Program for "Local Leadership toward Solving Climate Change” (Resolution 2011-26)
• 2013 - the City Council adopted the El Cerrito Climate Action Plan (Resolution 2013-27)
• 2017 – the City Council supported the Paris Climate Agreement (Resolution 2017-50)
More recently, in 2019, the City Council declared a climate emergency and endorsed emergency mobilization efforts to restore a safe and stable climate (Resolution 2019- 52). The Climate Emergency declaration additionally called for the City to strive for zero GHG emissions citywide as quickly as possible within the forthcoming Climate Action Plan update.
On December 6, 2022, the City Council approved an agreement with Cascadia Consulting Group to develop a Climate Action and Adaptation Plan (CAAP) with the intention of building on the City’s initial Climate Action Plan and meeting these more ambitious targets, and also directed City Staff to develop a policy to prohibit natural gas in new construction concurrent with development of the CAAP (Resolution 2022-96).
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Agenda Item No. 9.B.
ANALYSIS
Climate Action and Adaptation Plan
Over the last 18 months, City Staff, in partnership with Cascadia Consulting Group, developed the CAAP based on three primary foundational processes and assessments:
community engagement, a climate vulnerability assessment, and greenhouse gas analyses. These steps set the City up to develop strategies and actions that are impactful, relevant, and reflective of community priorities.
The CAAP is intended to specify strategies and actions that will enable the City to achieve or exceed GHG reduction goals; identify climate adaptation and resilience strategies; and provide a means of reporting and monitoring the effectiveness of the Plan.
With the proposed adoption of this CAAP, the City would be setting new ambitious emissions reduction targets. To align with national and statewide targets, the Plan puts forth the following emissions reduction targets compared to a 2005 baseline:
• 40% by 2030 (an increase from the 30% by 2035 target set in 2011) • 75% by 2040
• Carbon neutrality by 2045
Strategies in the Plan are broadly organized into six categories: Buildings & Energy, Transportation, Consumption & Waste, Water & Natural Systems, Community Resilience & Empowerment, and Municipal & Policy.
Equity was a primary lens through which the CAAP was developed and will be implemented. Locally and globally low-income communities, individuals with disabilities, communities of color, people who are unsheltered, and other vulnerable populations will face impacts of climate change and have fewer resources to protect themselves. The CAAP aims to distribute the benefits of climate action and adaptation equitably by prioritizing vulnerable communities both in planning and implementation. This prioritization during the planning process involved providing opportunities for equitable and inclusive community engagement, elevating actions likely to have the most climate benefit, and flagging and addressing actions that could result in inequitable costs or benefits.
Community Engagement
To develop the Plan, City Staff held 2 public workshops, 3 meetings with the Environmental Quality Committee, 3 Stakeholder Advisory Group meetings, and facilitated numerous other opportunities to provide input via in-person tabling outreach, an online survey that received over 100 responses, and more. Throughout the process, Staff aimed to gather perspectives and feedback that are representative of the diverse communities of El Cerrito. To meet this goal, Staff translated the CAAP informational flyer and the CAAP Executive Summary into Spanish and Chinese, conducted in-person tabling outreach, held community workshops at different times and venues to Agenda Packet Page 155 of 330
Agenda Item No. 9.B.
accommodate different schedules and preferences, and boosted social media posts about opportunities to engage. City Staff also used a unique and innovative online tool to gather public input in a way that spurred dialogue and interaction among community members.
Public Draft Comments Received
The Public Draft was released for public comment between March 5 and April 1, 2024.
During this period, 376 written comments were received in the online tool, and more than 400 comments were received in total, including comments received verbally. A large majority of comments received were positive. Several comments focused on whether the reduction targets, particularly for 2030, were aggressive enough. Most comments were suggestions for additional strategies to be included in the CAAP. For most of the suggested additions, Staff was able to modify or expand language in the CAAP or change the implementation timeline of an action to fully incorporate the comments.
Based on feedback received, City Staff also: added parameters around potential use of carbon sequestration in the future, added additional language on reporting and monitoring the Plan’s effectiveness to ensure accountability, and added information about why the City uses a 2005 baseline for our GHG inventories and targets.
At their March 12, 2024 meeting, the Environmental Quality Committee passed a motion recommending the City Council adopt the Climate Action and Adaptation Plan, with modifications based on feedback heard in the public outreach process. The final draft of the CAAP incorporated the vast majority of comments received, greatly improving the quality of the Plan, with just one primary exception for the City to have more ambitious GHG reduction targets. The selection of the proposed targets is described in detail in the Plan.
Natural Gas Ban In New Construction
One other piece of feedback voiced during the process was for the City to prioritize moving forward with an ordinance to prohibit natural gas in new construction. This follows City Staff’s initial attempt at such an ordinance in 2023. Based on direction provided by the City Council to develop a policy to prohibit natural gas in new construction citywide concurrent with development of the CAAP, City Staff drafted a “building electrification ordinance” that would modify the El Cerrito Municipal Code.
However, in April 2023 the Ninth Circuit Court of Appeals’ California Restaurant Association v. City of Berkeley decision held that federal law precludes cities and counties from adopting building codes that prohibit the installation of gas plumbing in buildings. Following the decision, Berkeley is repealing its ban and Contra Costa County and others are suspending enforcement of their similar requirements.
Contra Costa County is among a number of jurisdictions that are still exploring what policies could be implemented that would comply with the Ninth Circuit ruling and have a similar effect. Ideas being explored include amending the energy code to require higher energy compliance margins, including completing cost-effectiveness studies Agenda Packet Page 156 of 330
Agenda Item No. 9.B.
and/or amending CALGreen Building Standards to require zero NOx emission equipment for new construction. Both paths would require substantial effort and would be on the frontier of this rapidly changing legal landscape, and would not be without some legal risk.
Meanwhile, thanks to past City Council action, and action at the regional and State level, the City already requires new multi-family residential projects to be all-electric in the San Pablo Avenue Specific Plan Area. (City Staff, in coordination with the City Attorney, are in the process of modifying the appeals process for these requirements to ensure compliance with the Ninth Circuit ruling.) Similarly, the Bay Area Air Quality Management District recently approved new rules that will require all new water heaters and furnaces to be zero-emission by 2027 and 2029, respectively. This impacts not just new construction, but also the existing built infrastructure as appliances are replaced. At the State level, the California Air Resources Board has also banned the sale of new gas furnaces and water heaters by 2030. Additionally, under the California Energy Commission’s proposed energy efficiency standards, starting in 2026, the high energy efficiency standards are anticipated to be set to such a level that most new homes will likely use electric heat pumps for space and water heating. Natural gas appliances would not be prohibited, but the tough energy efficiency standards will very strongly promote and favor the use of electric appliances.
Given that any additional local policy would have only a temporary impact until other laws come into effect, would be outside the San Pablo Avenue Specific Plan Area (where development is less frequent), and would require substantial effort to put in place, Staff’s recommendation is to focus on other actions in the CAAP that have been identified as potential “early wins”.
Early Wins
As part of the CAAP process, including feedback from the community, an analysis of initial strategies was completed using a qualitative multi-criteria analysis (MCA) to identify key opportunities for climate action in the near term. This process highlighted "public EV charging" and "tree planting" as two potential actions for early implementation. Both of these two strategies would have a moderate to high impact in reducing or sequestering GHG emissions, would be highly visible to the public, and have high potential for advancing equity and conferring co-benefits.
During the last two years and concurrent with development of the CAAP, the City upgraded and expanded the EV charging stations at City Hall, shifted to renewable diesel for all diesel vehicles in the City’s fleet (including fire engines), transitioned from gas to electric water heaters at 9 facilities, and applied for and received a $200,000 technical assistance grant to plan for electrifying the City’s entire fleet. Other recent climate-related actions have included: adopting an Expanded Foodware Ordinance prohibiting plastic foodware in El Cerrito, updating the City’s Franchise Agreement and municipal code to ensure the rapid implementation of SB 1383, including rolling out new color-compliant solid waste carts Citywide, adopting a Public Tree and Shrub Ordinance and becoming a Tree City USA, and purchasing electric landscape equipment.
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Agenda Item No. 9.B.
Implementation, Monitoring and Reporting
Based on the GHG analyses, vulnerability assessment, and community engagement, a full list of 57 climate strategies and actions were developed for inclusion in the CAAP.
The City then conducted an additional multi-criteria analysis, weighing an action's potential impact, affordability, equity, visibility, leadership and alignment with other plans, and co-benefits to help prioritize actions for implementation. Actions that rank higher across criteria are generally planned for earlier implementation.
The CAAP guides implementation by separating actions into three phases from 2024 through 2045. Actions identified for “Phase 1” (2024-2027) are focused on building City and community capacity to effectively implement other CAAP actions, and implementing a strategic mix of actions that scored highly in the multi-criteria analysis, are foundational for other actions, and are simpler to implement quickly.
Notably, many of the CAAP’s actions will require community members to take action in their own lives--to reduce waste, for example--and cannot be completed through municipal policies alone. In other words, achieving the CAAP’s goals will require combined efforts from the City and El Cerrito’s residents, businesses, and visitors.
To effectively monitor and report on progress toward meeting the GHG reduction goals outlined in the CAAP, the City will:
• Prepare detailed implementation reports for the City Council and Environmental Quality Committee on implementation challenges, successes, and overall progress toward GHG reduction goals at least every 5 years. • Complete GHG inventory updates no less than every 10 years and report on results compared to the 2005 baseline and previous inventory years. • Create and regularly update a City climate dashboard to keep the community informed about CAAP progress and invite participation in CAAP actions. • Evaluate the need for CAAP updates after “Phase 2” (~2033), including evaluating the relevance and effectiveness of current targets, strategies, and actions.
Pending adoption of the CAAP, the City will form an Interdepartmental Task Force to plan next steps for implementing Phase 1 and to integrate climate action into routine business practices in all areas of the City.
Continued Leadership
Following adoption of the City’s first Climate Action Plan in 2013, the City has made meaningful progress to address climate change by installing solar panels on City facilities, joining MCE Clean Energy and opting up to “Deep Green” 100% renewable energy for all municipal accounts, focusing on “Transit-Oriented Development” and “Complete Streets” in the San Pablo Avenue Specific Plan, and more. As demonstrated in the CAAP’s GHG Inventory, thanks to these efforts the City has made significant progress in reducing GHG emissions, with a 30% reduction in municipal emissions from Agenda Packet Page 158 of 330
Agenda Item No. 9.B.
2005 to 2021, a 23% reduction in per capita emissions community-wide, and an 11% reduction in overall community-wide emissions during the same period. These reductions exceed the City’s 2011 targets (i.e., 16% reduction by 2021) as an organization and on a per capita basis. This CAAP provides the foundation for the City to continue to be a leader, striving to meet ambitious environmental goals to achieve a vision for a carbon-neutral and resilient El Cerrito.
STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal(s) of:
• Community Safety; and
• Livability and Belonging; and
• Infrastructure and Amenities; and
• Environmental Sustainability.
ENVIRONMENTAL CONSIDERATIONS
California Environmental Quality Act (“CEQA”) requirements will be addressed and evaluated as necessary throughout the implementation of the CAAP at the earliest feasible time and prior to commitment to any particular project that requires CEQA analysis. Staff has determined that adoption of the Climate Action and Adaptation Plan is categorically exempt from environmental review under CEQA guidelines under section 15307, “Actions by regulatory agencies for protection of natural resources,” and the general rule under section 15061(b)3 because it can be seen with certainty that there is no possibility that adoption of the Plan will have a significant effect on the environment. Staff will prepare a categorical exemption provided under CEQA Guidelines upon adoption of the Plan.
FINANCIAL CONSIDERATIONS
There are no financial obligations associated with adoption of the CAAP. However, implementation of the CAAP does have associated costs. Much of the CAAP will be implemented by existing City Staff and through existing programs and practices and/or outside resources. If and when additional City funds are necessary for a specific project or program to be implemented, City Staff will present financial considerations to the City Council and request budget authorization as needed at that time.
It should be noted that there are many factors that will mitigate CAAP implementation costs, since climate protection activities are often implemented in the course of completing other actions. For instance, most measures intended to reduce vehicle miles traveled, such as transit-oriented development and improved pedestrian amenities, are goals already advanced in the General Plan and other related plans and policies, and thus their implementation would not be solely to reduce emissions. Other emissions reduction measures, such as those that result in increased energy, water, and fuel efficiencies, can be very cost-effective and result in long-term cost savings.
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Agenda Item No. 9.B.
Finally, there are sources of state and federal funding available for programs and projects that reduce greenhouse gases. Staff will pursue such funding to advance the implementation of the CAAP.
LEGAL CONSIDERATIONS
The City Attorney has reviewed the proposed action and found that all legal considerations have been addressed.
Reviewed by:
Karen Pinkos, City Manager
Attachments:
1. Resolution
2. Climate Action & Adaptation Plan
Agenda Packet Page 160 of 330
RESOLUTION 2024-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO
ADOPTING THE EL CERRITO CLIMATE ACTION AND ADAPTATION PLAN WHEREAS, the City of El Cerrito has been actively working to address climate change for more than a decade and for these efforts received a prestigious Statewide Beacon Award in 2019 from the Institute for Local Government; and WHEREAS, El Cerrito, like the Bay Area and the state of California, is already suffering impacts of climate change in the form of droughts, air pollution, heat stress, wildfire risk, and increased risk of lowland flooding, and these impacts will grow more severe if global greenhouse gas (GHG) emissions are not significantly reduced; and WHEREAS, to reduce our community’s impact, the City Council has taken numerous actions thus far, including adopting and implementing the initial El Cerrito Climate Action Plan, approved in 2013, which aimed to reduce the City’s GHG emissions by 30% from 2005 levels by 2035; and
WHEREAS, the City has made significant progress toward meeting these goals, reducing municipal emissions by 30% from 2005 to 2021, per capita communitywide emissions by 23%, and overall communitywide emissions by 11%, exceeding the City’s targets of a 16% reduction by 2021 as an organization and on a per capita basis; and WHEREAS, in the years since the initial El Cerrito Climate Action Plan was adopted, the science has become clear that a more ambitious timeline is required to reduce GHG emissions and mitigate the most severe impacts of climate change; and WHEREAS, with the need for more immediate action in mind, the City Council declared a climate emergency and endorsed emergency mobilization efforts to restore a safe and stable climate and additionally resolved for the City to strive for zero GHG emissions as quickly as possible within the forthcoming Climate Action Plan update (Resolution 2019-52); and
WHEREAS, on December 6, 2022, the City Council approved an agreement with Cascadia Consulting Group to develop a Climate Action and Adaptation Plan that builds on the existing Climate Action Plan to meet these more ambitious targets; and
WHEREAS, the El Cerrito Climate Action & Adaptation Plan has been developed in partnership with the community, over the course of 18 months, including two public workshops, three meetings with the Environmental Quality Committee, three Stakeholder Advisory Group meetings, and numerous other opportunities to provide input via in-person tabling outreach, online surveys, and more; and WHEREAS, at their March 12, 2024, meeting the Environmental Quality Committee passed a motion recommending City Council adopt the draft Climate Action and Adaptation Plan, with modifications based on feedback heard in the public outreach process; and
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WHEREAS, the final draft of the CAAP incorporated the vast majority of comments received, greatly improving the quality of the Plan; and WHEREAS, the culmination is a Plan that is intended to guide equitable implementation of actions by the City and El Cerrito residents, businesses, and visitors that will meet ambitious GHG reduction targets of carbon neutrality by 2045 and to improve the community's resilience to climate change impacts; and WHEREAS, achieving the CAAP’s goals will require combined efforts from all community members, including personal actions taken by households and businesses in El Cerrito, to ensure the City is able to meet its targets.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that it hereby adopts the El Cerrito Climate Action and Adaptation Plan.
BE IT FURTHER RESOLVED, the City of El Cerrito commits to keeping the concerns of vulnerable communities central to all climate action strategies and to distribute the benefits of climate action and adaptation equitably by prioritizing vulnerable communities in planning and implementation.
BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon passage and adoption.
I CERTIFY that at a regular meeting on July 16, 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 162 of 330
El Cerrito Climate Action and Adaptation Plan
JULY 2024
Agenda Packet Page 163 of 330
El Cerrito Climate Action and Adaptation Plan
Contents 2
Contents
Executive Summary .................................................. 3 Introduction.................................................................................. 3 CAAP Context .............................................................................. 3 Strategies and Actions ................................................................ 7 Implementation............................................................................ 7 Acronyms and Key Terms ......................................... 8 Message from the City of El Cerrito ........................ 9 Acknowledgements ............................................... 10 El Cerrito City Council................................................................ 10 El Cerrito City Staff .................................................................... 10 Partners and Advisors ............................................................... 10 Consultant Team ....................................................................... 10 Introduction ........................................................... 11 A Strong Foundation.................................................................. 11 Synergies with Other City Initiatives......................................... 12 Our Vision: A Resilient and Carbon Neutral El Cerrito............. 13 Equity and Climate Change....................................................... 14 Key Goals and Focus Areas ...................................................... 14 Climate Change and El Cerrito ............................... 15 Climate Vulnerabilities .............................................................. 15 Greenhouse Gas Emissions...................................................... 16 CAAP Development ............................................... 26 Community Engagement........................................................... 26 Strategy and Action Development............................................ 31 Strategies and Actions ........................................... 32 Guide to Action List.................................................................... 33 Buildings & Energy ..................................................................... 35 Transportation............................................................................ 41 Consumption & Waste............................................................... 47 Water & Natural Systems .......................................................... 49 Community Resilience & Empowerment.................................. 54 Municipal & Policy...................................................................... 58 Sequestration and Carbon Offsets ........................................... 63 Implementation ...................................................... 64 Monitoring & Continuous Improvement................................... 64 Ongoing Community Engagement............................................ 65 Community’s Role ...................................................................... 66 Partnerships ............................................................................... 69 Funding ....................................................................................... 69 Appendices ............................................................ 70 Agenda Packet Page 164 of 330
El Cerrito Climate Action and Adaptation Plan
Executive Summary 3
Executive Summary
Introduction
Nestled between the San Francisco Bay and the East Bay Hills, El Cerrito is home to a vibrant community dedicated to
sustainability and resilience. This Climate Action and
Adaptation Plan (CAAP) builds on El Cerrito’s environmental achievements and positions the City to be a regional leader in climate action while prioritizing equity every step of the way.
With a strong foundation established by the city’s 2013 Climate Action Plan, this update renews El Cerrito’s dedication to reducing its carbon footprint and enhancing the quality of life for its residents by adopting a more aggressive goal of reaching carbon neutrality by 2045 and implementing an
ambitious set of actions.
CAAP Context
The City developed this CAAP based on findings from several foundational processes and assessments conducted as part of this project: community engagement, a climate
vulnerability assessment, and greenhouse gas analyses.
These steps allowed the City to develop strategies and actions that are impactful, relevant, and reflective of community priorities.
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El Cerrito Climate Action and Adaptation Plan
Executive Summary 4
Community Engagement
The City worked to engage the El Cerrito community through a variety of touchpoints, including community workshops, a survey, meetings with the Stakeholder Advisory Group and Environmental Quality Committee, and tabling events.
Community members and residents shared their visions of a sustainable and resilient El Cerrito throughout the CAAP development process, shaping key elements of the plan.
Generally, the community wants El Cerrito to be:
• Carbon neutral or carbon negative.
• Friendly to pedestrians and bicyclists.
• Less dependent on cars.
• Civically robust.
• Prepared for wildfires and other climate impacts.
• Equitable and affordable.
• A city of environmentally resilient and native trees. • A role model for other communities.
Climate Vulnerabilities
The City conducted a vulnerability assessment to identify current and future climate change impacts and risks to
different sectors and communities of El Cerrito. This
assessment helped identify the city’s resilience needs and strategies and actions to meet those needs. Key takeaways from the vulnerability assessment include:
Infrastructure and Built Environment
Buildings, roads, and transportation systems are at
risk from increasing floods, landslides, and wildfires.
Natural Systems and Water
Urban forests are at risk from higher temperatures,
wildfire, drought, and more extreme rainfall.
Stormwater infrastructure is at risk from more
intense rainfall.
Energy
Energy infrastructure and electricity systems are at
risk from severe weather events, including heat
waves, heavy rainfall, wind, and wildfires.
With increasing demand for electricity, reliability and resiliency of the energy grid will be critical.
Community Health, Wellbeing, and Public Safety
Emergency services are at risk for disruption from
increased flooding, landslides, wildfires, and energy
brownouts.
Extreme weather events will likely cause increases in
physical injury, illness, and mental health impacts.
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El Cerrito Climate Action and Adaptation Plan
Executive Summary 5
Greenhouse Gas Emissions
Greenhouse gas (GHG) inventories identify and quantify the main sources of emissions for a jurisdiction and can help inform climate planning priorities. Key takeaways from El Cerrito’s inventories include:
• From 2005 to 2021, total communitywide emissions
decreased 11% and per capita emissions decreased 23%.
• Transportation was the largest source of 2021
communitywide emissions (responsible for 51% of total
emissions), followed by building energy (34%), which
includes homes and commercial buildings.
• The City’s vehicle fleet was the largest source of 2021 emissions produced by City operations (responsible for
35% of total emissions), followed by building energy
(27%).
• In 2021, the largest sources of consumption-based
emissions—emissions from all items consumed by El
Cerrito residents throughout an item’s full lifespan,
including production, transportation, use, and disposal— included vehicle gasoline, healthcare, air travel,
furnishings and appliances, and meats, poultry, fish, and eggs.
o Overall emissions from consumption of goods and
services by El Cerrito residents were estimated to
be 3.6 times greater than total emissions generated
within El Cerrito’s jurisdictional boundaries,
underscoring the importance of low-carbon
consumption in reducing El Cerrito’s overall carbon
footprint.
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El Cerrito Climate Action and Adaptation Plan
Executive Summary 6
Future Emissions
and Targets
With this CAAP, the City is
adopting a new set of
emissions reduction
targets. To align with
national and statewide
targets and commit to
reducing communitywide
environmental impacts, the
City is adopting the
following emissions
reduction targets,
compared to a 2005
baseline:
• 40% by 2030
• 75% by 2040
• Carbon neutrality by
2045
To identify emissions reduction measures to meet these newly adopted targets, the City completed an emissions forecast, projecting El Cerrito’s emissions through 2050 under different scenarios, as shown above.
Without any climate action, El Cerrito’s total GHG emissions are expected to increase 17% by 2050 due to expected population and job growth. When accounting for expected reductions from key federal, state, and regional policies, emissions within the city are expected to decrease 72%. This model also identified the city’s remaining emissions that should be addressed through local policies and actions to reach the City’s updated targets.
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El Cerrito Climate Action and Adaptation Plan
Executive Summary 7
Strategies and Actions
The City developed the CAAP’s focus areas and strategies, summarized below, based on results from community
engagement, the vulnerability assessment, and GHG analyses.
Focus Area Strategies
Buildings &
Energy
• Use less energy.
• Use cleaner energy sources.
• Build more sustainably.
Transportation • Drive less.
• Drive cleaner vehicles.
Consumption
& Waste
• Reduce consumption and waste
generation and increase waste diversion.
Water &
Natural
Systems
• Increase and promote healthy urban tree
canopy and open spaces, local
biodiversity, and carbon sequestration.
• Protect water quality and supply.
• Implement wildfire education, prevention,
and response.
Community
Resilience &
Empowerment
• Increase community resilience and
capacity to respond to climate impacts.
• Increase climate and environmental
awareness and education.
Municipal &
Policy
• Implement the CAAP while prioritizing
equity.
• Lead by example with sustainable City
operations.
Implementation
Achieving the CAAP’s goals will require combined efforts from the City and El Cerrito’s residents, businesses, and visitors.
This CAAP is intended to serve as a roadmap toward achieving these goals—reaching aggressive emissions reduction targets, improving El Cerrito’s resilience to climate change impacts, and guiding collaboration between the City and El Cerrito’s community. The CAAP guides the implementation timeframe by separating actions into three phases from 2024 through 2045.
The City will rely on the community’s continued engagement throughout implementation—everyone has a role to play to support the effective and equitable implementation of the CAAP.
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Acronyms and Key Terms 8
Acronyms and Key Terms
Term Definition
Bay Area Rapid
Transit (BART)
The rapid transit system serving the San
Francisco Bay Area, with two stations in El
Cerrito
Carbon
neutrality
An equilibrium or balance between humancaused GHG emissions and removals, usually achieved through reducing GHG
emissions and increasing carbon
sequestration
Carbon
sequestration
The process by which atmospheric carbon
dioxide is captured and stored by soils,
oceans, vegetation, and geologic formations
Climate change
The long-term change in climate patterns
due to increased levels of atmospheric
carbon dioxide and other greenhouse gases,
primarily produced by human activities
Climate
resilience hubs
Facilities that offer support, education, and
resources related to climate change
resilience for communities and residents.
Climate resilience hubs often provide
services during emergencies and extreme
weather events, such as heating, cooling,
and power.
Consumptionbased
emissions
inventory (CBEI)
A type of greenhouse gas emissions
inventory that identifies and quantifies
emissions occurring both locally and
globally, associated with all items, goods,
and services consumed by households and
residents
Decarbonization
The reduction of greenhouse gases emitted
into the atmosphere from systems and
infrastructure that are currently powered by
fossil fuels
Electric vehicle
(EV)
A vehicle that derives its power from an
electric motor rather than a fuel-powered
internal combustion engine
Electrification
The transition toward using electricity
instead of natural gas and other fossil fuels
to power buildings and vehicles
Green
Stormwater
Infrastructure
(GSI)
Systems that use vegetation, soils, and
natural processes to filter, slow, and treat
stormwater runoff, such as permeable
pavement, rain gardens, and bioswales
Greenhouse
gases (GHGs)
Heat-trapping gases that warm the
atmosphere and cause climate change, such
as carbon dioxide (CO2), methane (CH4), and
nitrous oxide (N2O)
Metric tons of
carbon dioxide
equivalent
(MTCO2e)
A unit of measurement that represents an
amount of a greenhouse gas whose impact
on climate change has been standardized to
that of one unit of carbon dioxide (CO2),
based on the global warming potential
(GWP) of the gas
Vehicle miles
traveled (VMT)
The total miles of vehicle travel in a
geographic area over a given time
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Message from the
City of El Cerrito
The City of El Cerrito has long recognized the need for local action to address climate change and has been actively
working on the issue for nearly two decades. In 2006, the El Cerrito City Council endorsed the U.S. Mayors Climate
Protection Agreement, in which local governments agreed to implement greenhouse gas (GHG) reduction measures and in 2008, the City approved its first GHG emissions inventory. In the years that followed, the City adopted GHG emissions reduction targets (2011), adopted a Climate Action Plan (2013), supported the Paris Climate Agreement (2017),
declared a Climate Emergency (2019), and more.
As demonstrated by this Climate Action and Adaptation Plan (CAAP), the City has made significant progress in reducing GHG emissions, with a 30% reduction in municipal emissions from 2005 to 2021, and a 23% reduction in per capita
emissions communitywide during the same period.
However, as noted in the City’s Climate Emergency
Declaration, and further outlined in the vulnerability
assessment in this CAAP, El Cerrito is already experiencing adverse impacts from climate change in the form of droughts, wildfire danger, air pollution, heat stress, increased risk of flooding, and more. More ambitious action is needed to reduce emissions and prepare our community for the impacts from climate change.
It should be noted also that globally
and locally, climate change doesn’t
impact people equally. In addition to
being more likely to experience climate
impacts like extreme heat, vulnerable
populations often have fewer resources
to protect themselves from these
impacts. This Plan aims to distribute
the benefits of local climate action and
adaptation equitably by prioritizing
vulnerable communities in both
planning and implementation.
Recognizing the need for more urgent
action, this Plan puts forth ambitious
targets to reduce emissions further,
with the City aiming to achieve Carbon
Neutrality, equivalent to a 100%
reduction in emissions, by 2045.
Importantly, we won’t be able to meet
our targets alone. As shown in the
Consumption-Based Emissions
Inventory, and throughout the CAAP,
personal actions taken by households
and businesses in El Cerrito will be key
to achieving our goals.
We invite you to take our Climate
Pledge and consider what actions you
can take to reduce your carbon
footprint and help prepare our
community for the impacts from
climate change.
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Acknowledgements 10
Acknowledgements
The City of El Cerrito would like to thank the individuals and organizations that contributed to this Climate Action and Adaptation Plan, including City staff from all departments. The City would like to offer special thanks to community members for their feedback, input, and ideas throughout the planning process.
El Cerrito City Council
Lisa Motoyama
Paul Fadelli
Gabe Quinto
Tessa Rudnick
Carolyn Wysinger
El Cerrito City Staff
Christina Leard, Management Analyst
Will Provost, Assistant to the City Manager
Yvetteh Ortiz, Public Works Director
Karen Pinkos, City Manager
Partners and Advisors
Stakeholder Advisory Group
Environmental Quality Committee
Urban Forest Committee
Park and Recreation Commission
Planning Commission
El Cerrito Trail Trekkers
El Cerrito/Richmond Annex Walk & Roll
Make El Cerrito Fire Safe
Fridays for Future
Consultant Team
Alicia Fennell, Cascadia Consulting Group
Andrea Martin, Cascadia Consulting Group
Ben Gould, EcoDataLab
Hailey Weinberg, Cascadia Consulting Group
Keiko Betcher, Cascadia Consulting Group
Kristina Zeynalova, Cascadia Consulting Group
Maddie Seibert, Cascadia Consulting Group
Sebastian Espinosa, Cascadia Consulting Group
Sophia Chau, Cascadia Consulting Group
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Introduction 11
Introduction
Nestled between the San Francisco Bay and the East Bay Hills, El Cerrito is home to a vibrant community dedicated to
sustainability and resilience. This Climate Action and
Adaptation Plan (CAAP) builds on El Cerrito’s environmental achievements and positions the City to be a regional leader in climate action while prioritizing equity every step of the way.
With a strong foundation established by the City’s 2013 Climate Action Plan, this update renews El Cerrito’s
commitment to reducing its carbon footprint and enhancing the quality of life for its residents by adopting a more aggressive goal of reaching carbon neutrality by 2045 and implementing an ambitious set of actions.
A Strong Foundation
Since adopting its Climate Action Plan in 2013, El Cerrito has taken steps to reduce the city’s greenhouse gas (GHG) emissions and enhance sustainability. Some of the City’s key accomplishments include:
• Developing and adopting plans that support climate goals. • Helping residents finance projects through SunShares, Real Property Transfer Tax rebate, Property Assessed Clean Energy (PACE) loans, and other programs.
• Becoming recognized as a Tree City USA, signifying the City’s commitment to improving its natural environment.
• Educating residents about recycling and reducing waste through mail and bill inserts, newsletters, and workshops.
• Expanding green and open spaces citywide, including along the Ohlone Greenway and San Pablo Avenue and within the El Cerrito Hillside Natural Area.
• Installing solar panels on key City facilities.
• Installing electric vehicle (EV) charging stations at City Hall and the Recycling + Environmental Resource Center.
• Shifting the community’s electricity provider to MCE Clean Energy, expanding renewable building energy.
• Enrolling all City electricity accounts in MCE’s Deep Green (100% renewable) electricity option.
• Adopting the San Pablo Avenue Specific Plan and supporting transitoriented development. • Making progress on active transportation projects, including the El Cerrito del Norte Complete Streets Project.
• Reducing communitywide GHG emissions 11% since 2005.
• Reducing City operations GHG emissions 30% since 2005.
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Introduction 12
Transforming El Cerrito’s Built Environment
One of the key strategies identified in the City’s initial Climate Action Plan (2013) and the City’s San Pablo Avenue Specific Plan (2014) was to encourage higher density transit-oriented development that would reduce vehicle miles traveled and per capita greenhouse gas emissions while investing in
pedestrian-, bicycle-, and transit-friendly infrastructure to support denser housing and alternative modes of
transportation.
In the last ten years, the City has made significant progress in implementing both transit-oriented development and
“complete streets” to support pedestrians, bicyclists, buses, and transit. Through 2022, over 1,500 housing units and over 122,000 square feet of commercial space had been entitled through the Specific Plan, with additional buildings proposed.
Large and small capital projects continue to move forward citywide, adding bike lanes, crosswalks, wayfinding signage, and more to transform El Cerrito’s built environment for a more sustainable and resilient future.
Synergies with Other City Initiatives
This CAAP also shares goals with other City plans and
initiatives, which can create helpful synergies during CAAP implementation. Related City plans and programs include:
• San Pablo Ave Specific Plan
• Active Transportation Plan
• General Plan
• Strategic Plan
• Green Infrastructure Plan
• Urban Greening Plan
• Ohlone Greenway Master Plan
• Parks & Recreation Facilities Master Plan
• El Cerrito-Kensington Wildfire Action Plan
• Urban Forest Management Plan
• Storm Drain Master Plan
• Fire Hazard Reduction Program
• Contra Costa Hazard Mitigation Plan
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Introduction 13
Our Vision: A Resilient and Carbon Neutral El Cerrito
El Cerrito strives to reach carbon neutrality by 2045 while continuously improving the quality of life for its residents and engaging with the community along the way. We want our city to be:
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Introduction 14
Equity and
Climate Change
Climate change does not impact everyone equally. Locally and globally, certain communities—such as those in the Global South, low-income communities, individuals with disabilities, Black, Indigenous, and communities of color, and people who are unsheltered or experiencing homelessness—are more
vulnerable to the impacts of climate change. In addition to being more likely to experience climate impacts such as drought, flooding, pollution, and exposure to heat and smoke, vulnerable populations often have fewer resources to protect themselves from these impacts due to historic and current systemic racism and other systems of inequity.
The CAAP aims to distribute the benefits of climate action and adaptation equitably by prioritizing vulnerable
communities in planning and implementation. This
prioritization during the planning process involved providing opportunities for equitable and inclusive community
engagement, elevating actions likely to have the most climate benefit, and flagging and addressing actions that could result in inequitable costs or benefits.
Though this plan has a local focus, the global nature of climate change means that El Cerrito’s CAAP has implications beyond its city limits. By committing to ambitious climate action, El Cerrito aims to reduce its contributions to local and global inequities amplified by climate change.
Key Goals and Focus Areas
This CAAP lays out a roadmap for reaching El Cerrito’s
ambitious goal of carbon neutrality by 2045.
CAAP strategies and actions contribute to El Cerrito’s goals through two primary pathways:
1 Reducing greenhouse gas emissions
2 Increasing resilience and preparing for climate impacts CAAP actions are categorized into the following six focus areas.
Icon Focus Area Description
Buildings &
Energy
Actions that address building and
equipment energy emissions and
resilience.
Transportation Actions that focus on transportation
systems.
Consumption
& Waste
Actions that address waste and
consumption of goods and food.
Water &
Natural
Systems
Actions that focus on carbon
sequestration and resilience through
natural systems.
Community
Resilience &
Empowerment
Actions that enhance community
resilience and empower residents
through education and resources.
Municipal &
Policy
Actions that focus on sustainable City
operations and CAAP implementation.
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Climate Change and El Cerrito 15
Climate Change and El Cerrito
Climate Vulnerabilities
The City conducted a vulnerability assessment to identify current and future climate change impacts and risks to different sectors and communities of El Cerrito. Outcomes from this assessment, summarized below, helped identify CAAP strategies and actions for meeting the city’s resilience needs. See Appendix F: Climate Vulnerability Assessment for more details.
Infrastructure and Built
Environment Natural Systems and Water Energy Community Health, Wellbeing, and Public Safety • Hundreds of El Cerrito
buildings and several
critical facilities—
collectively valued at over
$2 billion—are at risk from
increasing floods,
landslides, and wildfires.
• Transportation systems and
roads are at moderate–high
risk of flooding and
landslides. Some of the
city’s primary transportation
routes are in a 100-year
flood zone, and with more
intense precipitation
expected, flooding in those
areas is likely to occur more
frequently.
• Higher temperatures, wildfire,
changing rainfall patterns, and more
extreme drought will stress urban
forests and expose them to greater
risk of disease outbreaks and
mortality. These impacts—combined
with higher risk of mortality due to
pests and diseases—will generate
higher fuel loads and increase wildfire
risk.
• More intense rainfall during wet years
will increase the risk of overloading
stormwater infrastructure, which could
contaminate groundwater supplies and
flood homes and businesses.
• Precipitation variability in the Bay
Area is expected to continue and
potentially intensify, leading to more
frequent nuisance flooding and more
severe urban flooding during wet years.
• Severe weather events such as
heavy rainfall and wind will
likely damage powerlines,
substations, and transmission
and distribution towers.
Wildfires will also disrupt energy
distribution, having direct
impacts on residents,
businesses, and City operations.
• More frequent and intense heat
waves will strain electricity
systems and significantly
increase demand for energy,
which can lead to brownouts
and power outages.
• Extreme events, such as
sustained droughts, can affect
the efficiency of energy
transmission and renewable
energy generation.
• Physical injury and illness are
expected to increase as
extreme weather events
become more frequent,
especially for vulnerable
populations.
• Anxiety and mental health
impacts from current and
anticipated climate changes
may increase.
• Access to emergency
response services will likely be
disrupted from increased
flooding, landslides, wildfires,
and energy brownouts.
• There will be a greater need for
resilience centers to provide
cooling, clean air, and other
services during extreme events.
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Climate Change and El Cerrito 16
Greenhouse Gas Emissions
When El Cerrito’s community burns fossil fuels to heat, cool, and power homes, drives gasoline or diesel vehicles, or disposes of solid waste into landfills, greenhouse gases are emitted into the atmosphere. These gases trap heat from the sun, increasing the earth’s average surface temperature—a process known as global warming.
Examples of activities that produce GHG emissions include:
• Powering, heating, and cooling buildings. Non-renewable energy sources used in buildings, such as natural gas,
produce GHG emissions.
• Driving vehicles powered by gasoline or diesel, which release emissions when fuel is combusted.
• Generating and disposing of solid waste, which breaks down over time, emitting greenhouse gases. When
properly managed at a composting site, compostable
materials emit fewer greenhouse gases than when they
end up in a landfill.
• Using refrigeration equipment, which uses liquid coolants.
When refrigeration equipment is not properly maintained, it can leak and release especially potent greenhouse gases. • Treating wastewater generated by the community. The
process of breaking down organic material generates GHG emissions.
• Buying products and goods. Household items, food, and other products emit greenhouse gases through
manufacturing, production, transportation, and packaging.
Greenhouse gas inventories identify and quantify the main sources of emissions for a jurisdiction and can help inform climate planning priorities. By understanding which sources are contributing the most to communitywide emissions, the City can more effectively plan climate action initiatives to target the largest emission sources.
Different types of inventories measure different sources of emissions. To fully understand where El Cerrito’s emissions are coming from, the City completed community, municipal operations, and consumption-based emissions inventories to better understand the full scope of emissions that the
community can work on reducing.
Emissions estimates from three different inventory types for El Cerrito in 2021 (thousand MTCO2e)
Overall emissions from consumption of goods and services by El Cerrito residents were estimated to be 3.6 times greater than total emissions generated within El Cerrito’s jurisdictional boundaries, underscoring the importance of low-carbon
consumption in reducing El Cerrito’s overall carbon footprint. ~132k
~1.5k
~476k
0 100
200
300
400
500
Community Municipal Consumption-based
Thousand MTCO2e
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Climate Change and El Cerrito 17
Community Emissions
In 2021, the El Cerrito community (residents, businesses, and visitors) generated 132,223 metric tons of carbon dioxide equivalent (MTCO2e), approximately 5.12 MTCO2e per person. • Transportation was the largest source of 2021
communitywide emissions (responsible for 51% of total
emissions), followed by building energy (34%).
• The remaining emissions came from leakage from the use of refrigerants (11%), solid waste generation and disposal (4%), and wastewater treatment processes (<1%).
• From 2005 to 2021, total communitywide emissions
decreased 11% and per capita emissions decreased 23%.
• Building energy emissions decreased the most between
these years (-41%), due mainly to El Cerrito’s community transitioning to MCE, which uses cleaner energy sources for electricity generation.
Total communitywide greenhouse gas emissions over time (MTCO2e) Why are transportation emissions increasing?
The increase in GHG emissions from transportation is due to an increase in vehicle miles traveled (VMT)—estimated using California’s Highway Performance Monitoring System and
CalTrans Traffic Volumes—within El Cerrito’s boundaries, which is likely due in part to El Cerrito’s growing population.
From 2005 to 2021, El Cerrito’s population increased by 15%, while total miles driven within El Cerrito increased by 34%.
This indicates that the community is driving more miles per capita (a 16% increase from 2005 to 2021), which may be due to decreased public transit ridership stemming from the COVID-19 pandemic, changing transportation needs (e.g., needing to drive further for errands or to commute to work), or other factors. While overall community miles increased by 34%, emissions only increased by 19%, shown below. This is due to an increase in electric and hybrid vehicle ownership and increased fuel efficiency of vehicles; average emissions per mile have decreased 11% from 2005 to 2021.
On-road transportation metric changes over time.
Population Miles Emissions
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Climate Change and El Cerrito 18
Carbon sequestration in El Cerrito
While El Cerrito’s community produces emissions through daily activities, the city also has a robust tree canopy which sequesters, or removes, greenhouse gas emissions from the atmosphere. As part of the CAAP, the City completed a highlevel carbon sequestration analysis to estimate the city’s sequestration benefits from urban forests.
According to this analysis, in 2023, trees covered 33% of El Cerrito’s land mass and sequester 4,227 MTCO2e from the atmosphere each year.
4,227 MTCO2e is equivalent to…1
• Driving 941 gasoline-powered passenger vehicles for one year
• Powering 533 homes for one year
• Charging 514,183,466 smartphones
• Using 194,184 propane cylinders for home barbeques
In addition to sequestering GHG emissions from the
atmosphere, El Cerrito’s tree cover provides significant air quality and hydrological benefits, removing particulate matter from the air and filtering stormwater runoff. Trees also help to reduce the urban heat island effect, beautify neighborhoods, and enhance the walking experience for pedestrians. See Appendix D: Sequestration Analysis for more detail on this analysis.
1 U.S. EPA Greenhouse Gas Equivalencies Calculator
Municipal Operations Emissions
In 2021, the City’s municipal operations produced 1,665 MTCO2e, equivalent to approximately 9.94 MTCO2e per employee.
• The City’s vehicle fleet was the largest source of 2021 municipal operations emissions (responsible for 35% of total emissions), followed by building energy consumption by City facilities (27%).
• The remaining emissions came from City employee
commuting (22%), solid waste generation (9%), refrigerant leakage (4%), and business travel (2%).
• From 2005 to 2021, municipal operations emissions
decreased 30%.
See Appendix A: Communitywide and Municipal GHG Emissions Inventories for more detail on these analyses.
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Climate Change and El Cerrito 19
Consumption-Based Emissions
While the communitywide emissions inventory
focuses primarily on locally occurring
emissions, a consumption-based emissions
inventory (CBEI) identifies and quantifies
emissions occurring both locally and globally,
outside of El Cerrito and along supply chains,
associated with everything consumed by
households. The CBEI includes emissions
associated with household energy use, driving,
and air travel, as well as emissions from food,
goods, and other services, representing a
more comprehensive picture of El Cerrito’s
emissions-producing activities.
El Cerrito’s 2021 consumption-based
emissions were 41 MTCO2e per household,
equivalent to ~17 MTCO2e per person and
476,000 MTCO2e total—more than three times
greater than the communitywide inventory
emissions. With over two-thirds of El Cerrito’s
consumption-based emissions occurring
outside of city boundaries, climate action
should also focus on these upstream
emissions. El Cerrito’s household emissions
are slightly lower than the U.S. average of 43
MTCO2e, due to a variety of factors such as lower
vehicle ownership per household and fewer rooms
per household. The figure to the right shows the
breakdown of El Cerrito’s CBEI.
Air Travel
Gasoline
Meats,
Poultry,
Fish, &
Eggs
Furnishings &
Appliances
Healthcare
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Climate Change and El Cerrito 20
The largest contributors of consumption-based emissions included vehicle gasoline, healthcare, air travel, furnishings and appliances, and meats, poultry, fish, and eggs. 2
Some of the emissions included in the CBEI overlap with those in the communitywide inventory, such as household energy use and local transportation.
However, the communitywide inventory does not include
emissions associated with the production, transportation, or sale of food, appliances, clothing, healthcare, or other goods and services consumed by El Cerrito residents. At the same time, the CBEI does not include locally occurring emissions from businesses except to the extent that they serve El Cerrito residents.
The map to the right shows how El Cerrito’s consumptionbased emissions vary by neighborhood. Generally, households with higher income, greater vehicle ownership, and larger homes tend to have higher emissions, while smaller
households, renters, and households without a college degree tend to have lower emissions.
To see how the consumption-based GHG emissions inventory was developed, including the assumptions used to estimate household consumption patterns, please see Appendix B:
Consumption-Based GHG Emissions Inventory.
2 For more detailed information on what these emissions categories include, please see Appendix B: Consumption-Based GHG Emissions Inventory.
El Cerrito neighborhood-level consumption-based emissions (2021; MTCO2e per household)
The community plays an important role in reducing these consumption-based emissions; see the Community’s Role
section for some ideas and inspiration for reducing personal and household emissions.
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Climate Change and El Cerrito 21
Future Emissions and Targets
With this CAAP, the City of El Cerrito is adopting bold greenhouse gas reduction targets following the State’s lead to take rapid action to mitigate California’s contributions to accelerating climate change.
The City of El Cerrito is adopting a goal of achieving carbon neutrality by 2045, with interim goals of achieving 40% and 75% emissions reductions by 2030 and 2040, respectively, compared to a 2005 baseline. 3
These targets set ambitious
but achievable milestones in alignment with other similarly sized communities.
These reduction targets are shown to the right in comparison to California, United States, other local jurisdictions, and previous El Cerrito targets. Though direct comparisons
between these targets are difficult due to differences in emission baseline years, El Cerrito’s targets generally align with state and national targets.
See Appendix E: Target Setting for more detail on target setting.
3 The City is using a 2005 baseline in coordination with other local governments in the region. The City has used a 2005 baseline since its first two GHG inventories, which has allowed for clear progress tracking over time and increased confidence in accuracy by using real emissions data, Jurisdiction Baseline
Year 2030 2035 2040 2045 2050
El Cerrito
(2024
targets)
2005 40% 75% 100% -
El Cerrito
(2013
targets)
2005 30%
Albany 2004 70% 100%
Piedmont 2005 40% 80%
Emeryville 2005 40% 80%
State of
California 1990 40% - 100%4 -
United
States 2009 50-52% - - 100%
rather than backcasting El Cerrito’s emissions to 1990 for use as a baseline, which may be less accurate. 4 The State of California has committed to achieving carbon neutrality by 2045 (Executive Order B-55-18, 2018).
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Climate Change and El Cerrito 22
To identify emissions reduction measures to meet these newly adopted targets, the City completed an emissions forecast, projecting El Cerrito’s emissions through 2050. This analysis projects El Cerrito’s future emissions under a “no action” or “business-as-usual” (BAU) path, which assumes no
implementation of climate policies or actions at the national, state, or local level. Under this “no action” path, El Cerrito’s emissions are forecasted to increase 17% by 2050 compared to the City’s 2005 baseline. This forecast also models an “adjusted business-as-usual” (ABAU) scenario, accounting for likely emissions reductions from key federal, state, and regional climate policies. 5 Under this ABAU scenario, the city’s emissions are projected to decrease 79% by 2050. Lastly, this forecast models a “community action” scenario, which
identifies local action needed to reduce key emission sources expected to remain after the modeled ABAU scenario,
primarily relating to emissions generated from natural gas, solid waste, and refrigerants.
5 See Appendix C: Wedge Analysis for more information regarding policies included in this analysis.
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Climate Change and El Cerrito 23
The “wedge” figure below illustrates El Cerrito’s “business-as-usual,” “adjusted business-as-usual,” and “community action” scenarios. Each wedge shown in this figure represents emissions reductions expected to occur from climate policies or actions, guiding the City’s trajectory toward achieving a 40% reduction in emissions by 2030 and reaching carbon neutrality by 2045.
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Climate Change and El Cerrito 24
The federal, state, and regional policies modeled under the “adjusted business-as-usual” scenario are described below.
Policy Overview
SB100 (California
Renewables Portfolio
Standard)
The state’s Renewable Portfolio
Standard establishes the target that
100% of electricity in California will be
zero-carbon by 2045.
BAAQMD Rules 9-4 and
9-6
The Bay Area Air Quality Management
District’s (BAAQMD) Rules 9-4 and 9-6
require that natural gas water heaters
and furnaces, when replaced, are
switched to zero-NOx alternatives like
heat pumps beginning in 2027.
Federal Fuel Economy
standards (CAFE)
Corporate Average Fuel Economy
(CAFE) standards require increases in
average fuel economy levels for
manufacturers.
Low Carbon Fuel
Standard
California's Low Carbon Fuel Standard
requires reducing the carbon intensity
of transportation fuels 10% by 2020
and 20% by 2030 through low-carbon
and renewable alternatives.
EO N-79-20 (ZeroEmission by 2035)
Zero-Emission by 2035 (EO N-79-20)
sets goals for the percentage of new
vehicle purchases that are zeroemission by certain target years.
SB1383 (Short-Lived
Climate Pollutants)
California’s Short-Lived Climate
Pollutant bill aims to divert 50% of
organic waste from landfills below
2014 levels by 2020 and 75% by 2025.
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Federal, state, and regional policies are expected to
significantly reduce the city’s emissions, but to reach carbon neutrality by 2045, the City and community will need to participate in local action aimed at reducing the remaining emissions.
The El Cerrito community can work together to close the projected future emissions gap—the remaining emissions in 2045 that will not be addressed through current federal, state, and regional policies modeled in this analysis.
For more ideas about what you can do to reduce El Cerrito’s emissions, see the Climate Pledge and the Cleaner Contra Costa Challenge.
6 Solid Waste Curbside Program
Expected 2045
Emission Source What Can You Do?
Natural gas
• Complete electrification retrofits to
transition away from building natural
gas usage.
• Make energy efficiency upgrades to
existing natural gas equipment to
reduce the quantity of fuel used.
Transportation
• Combine trips, walk, bike, and take
public transit to drive less.
• Consider purchasing an electric bike
or electric vehicle.
Refrigerants
• Perform regular maintenance on
refrigeration and air conditioning
equipment to prevent refrigerant
leaks.
• Switch to environmentally friendly
refrigerants in equipment.
Solid waste
• Be conscious about purchases; buy
secondhand, repair, or borrow.
• Properly dispose of all waste,
including recycling and composting
waste, to reduce emissions generated
as waste decomposes in landfills. 6
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CAAP Development 26
CAAP Development
The City developed this CAAP based on findings from several foundational processes and assessments: community
engagement, a climate vulnerability assessment, and
greenhouse gas analyses. These steps set the City up to develop strategies and actions that are impactful, relevant, and reflective of community priorities.
Community Engagement
The El Cerrito community was foundational to this plan’s development and will be essential for effective
implementation. Ideas, opinions, and priorities voiced by the community helped to establish the vision for this plan and develop and finalize the list of strategies and actions.
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What We Did
Throughout the CAAP development process, the City worked to engage the El Cerrito community through a variety of touchpoints during three phases:
1. Goal & Action Development: Share background context, brainstorm actions, learn about challenges and
opportunities related to climate action.
2. Collaborative Planning: Review and refine strategies and actions.
3. Refinement & Implementation: Review draft CAAP and
plan for implementation.
By the Numbers
• 3 Stakeholder Advisory Group meetings with 14 participants representing the Environmental Quality Committee, Urban Forest Committee, Park and Recreation Commission,
Planning Commission, El Cerrito Trail Trekkers, El Cerrito Richmond Annex Walk & Roll, Make El Cerrito Fire Safe, and Fridays for Future
• 3 Environmental Quality Committee meetings with 11
Committee participants and 11 members of the public
• 2 community workshops with ~40 total attendees
• 1 survey with 108 responses
• 3 tabling events: Earth Day, Bike to Work Day, and the 4th of July worldOne Festival
• 376 comments on the online CAAP draft
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What We Heard
Community members and residents shared their vision of a sustainable and resilient El Cerrito through the engagement events and channels described above. These quotes represent key themes and priorities that community members and
residents shared during the CAAP development process via the online survey and first community workshop.
Buildings & Energy
• “All-electric affordable housing for all”
• “Promotion and support for residential rooftop solar with battery back-up”
• “Local resilient electric micro grid”
• “Comfortable, safe, energy efficient homes”
Transportation
• “A more walkable community with greater use of public transportation”
• “A safely and easily bikeable and walkable El Cerrito, including protected bike lanes, well-lit intersections, and bike share”
• “Electric buses!”
• “Dense, transit-oriented development and a robust public transit and protected bike-lane system”
• “Strong transit presence with BART and AC Transit”
• “Public and abundant EV charging stations”
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Consumption & Waste
• “A shift in focus from 'recycle' to reduce, reuse, and repurpose”
• “Increased composting and decreased stuff into landfills” • “Thriving local businesses”
Water & Natural Systems
• “More drought resistant gardens”
• “Native oaks and plants”
• “More fire-resistant trees and fire prevention measures” Community Resilience & Empowerment
• “Support for low income and unhoused residents for
extreme heat events”
• “Access to air purifiers and masks for all residents” • “Housing and food security for all”
Municipal & Policy
• “Electric vehicles for all City fleet vehicles”
• “Working with communities around us”
• “A role model for other communities”
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Who We Heard From
Through CAAP engagement, the City aimed to gather
perspectives and feedback that are representative of the diverse communities of El Cerrito. To meet this goal, the City translated the CAAP informational flyer and the CAAP
Executive Summary into Spanish and Chinese, conducted inperson tabling outreach, held community workshops at different times and venues to accommodate different
schedules and preferences, and boosted social media posts about opportunities to engage. The City also used a unique and innovative online tool, Konveio, to gather public input in a way that spurred dialogue and interaction among community members.
The City did not collect demographic information at all engagement touchpoints and events, but the online survey included optional demographic questions. Of those who
answered the demographic questions, 71% of survey
respondents identified as White or Caucasian, 9.6% identified as Asian, and 4.1% identified as Hispanic/Latino. About a third (35%) of survey respondents were 65 and older, and nearly 63% have an advanced degree. Note that survey respondents do not represent all community members engaged during the CAAP development process; however, this data indicates that older, more educated, and White residents were more likely to participate and provide input through the online survey than the El Cerrito population as whole. See Appendix I: Survey Respondent Demographics for demographic comparisons
between survey respondents and the El Cerrito population.
To better engage with harder to reach populations in the future, the City will:
• Expand into new communication channels to advertise
events and feedback opportunities.
• Connect with community organizations and leverage
networks of people involved in City committees and groups. • Continue to organize in-person workshops and tabling
events to encourage intergenerational equity and provide people with different channels for feedback.
• Leverage connections with ongoing or parallel planning efforts, such as the Hillside Natural Area Fire Resilience and Forest Conservation Management Plan.
For more information about plan implementation and future engagement efforts, see the Ongoing Community Engagement section.
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Strategy and Action Development
Step 1. Develop Actions: Based on the GHG analyses, vulnerability assessment, and community engagement, the City developed a list of climate strategies and actions to guide this CAAP. About 75% of actions include suggestions or ideas voiced by community members during Phase 1. The action list aims to achieve the broader vision of El Cerrito as a walkable, bikeable, safe, vibrant, equitable, tree-filled, transit-oriented, and resource-conscious community.
Step 2. Vet and Revise Actions: Once drafted, three stakeholder groups reviewed actions and recommended revisions and
additions (Stakeholder Advisory Group, Environmental Quality Committee, and public workshop participants).
Step 3. Prioritize Actions: The City then conducted a multi-criteria analysis to help prioritize actions for implementation; actions that ranked higher across criteria are generally planned for earlier implementation. The City decided on criteria and weights with input from the community, then assigned a score for each action and criterion.
Multi-criteria analysis criteria and weights.
Icon Criteria Weight
Impact 35%
Affordability 20%
Equity 20%
Visibility, Leadership, and Alignment 15%
Co-benefits 10%
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Strategies and Actions
This list of strategies and actions aims to advance El Cerrito’s vision of a sustainable and resilient community and achieve the City’s goal of reaching carbon neutrality by 2045.
Icon Focus Area Vision Strategies
Buildings &
Energy
Electric. Affordable.
Resilient. Comfortable
• Use less energy.
• Use cleaner energy sources.
• Build more sustainably.
Transportation Safe. Walkable. Bikeable.
Transit-oriented. Electric.
• Drive less.
• Drive cleaner vehicles.
Consumption &
Waste
Local. Resourceconscious. Educated.
• Reduce consumption and waste generation and increase waste diversion.
Water & Natural
Systems
Drought-tolerant. Firesafe. Resilient.
Adaptable.
• Increase and promote healthy urban tree canopy and open spaces, local biodiversity, and carbon sequestration.
• Protect water quality and supply.
• Implement wildfire education, prevention, and response.
Community
Resilience &
Empowerment
Equitable. Safe. Healthy.
Accessible. Empowered.
• Increase community resilience and capacity to respond to climate impacts.
• Increase climate and environmental awareness and education.
Municipal &
Policy
Ambitious. Collaborative.
Resourceful.
• Implement the CAAP while prioritizing equity.
• Lead by example with sustainable City operations.
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Guide to Action List
Actions are organized by focus area and strategy. Each action row contains an action ID, action short name, action description, benefit icons, and phase information. Benefit icons are included if the action received a high score (4 or 5) in the multi-criteria analysis for the given benefit.
Action ID Action Description Benefits Phase 1 Phase 2 Phase 3
EXAMPLE
1.1 Action short name.
• Detailed action description.
Benefit icons and definitions.
Impact:
Action has a high
potential to reduce
GHG emissions,
increase
sequestration, or
address key climate
risks and improve
resilience
Affordability:
Action is relatively
affordable for the
City and/or
community
Equity:
Action has a high
potential to
benefit
communities that
face current and
historic inequities
Visibility,
Leadership, and
Alignment:
Action provides a
visible
demonstration of
City leadership and
aligns with or
supports existing
City plans and
goals
Co-benefits:
Action strongly
achieves multiple
co-benefits
Phasing:
Phase 1: 2024–
2027 (1–4 years)
Phase 2: 2028–
2032 (5–9 years)
Phase 3: 2033–
2045 (10+ years)
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This CAAP contains 57 unique actions across 6 focus areas.
The multi-criteria analysis helped the City to decide on action phasing, which serves as a high-level guide for the timing of action implementation.
Phase 1
2024–
2027
Build City and community capacity to effectively
implement CAAP actions. Implement a strategic
mix of actions that scored highly in the multicriteria analysis, are foundational for other actions, and are simpler to implement quickly.
Phase 2
2028–
2032
Continue implementation of actions started
during Phase 1. Begin implementation of more
complex actions.
Phase 3
2033–
2045
Continue implementation of longer-term actions
from Phase 2. Implement actions that are more
complex or focused on longer-term planning.
Equitable Implementation
Throughout implementation of CAAP actions, the City will identify and center equity considerations to ensure that action benefits are distributed equitably. If an action has the potential to increase costs or other burdens for vulnerable or lowincome communities, the City will identify and implement effective mitigation strategies, such as providing grants and rebates to small businesses and low-income households. See the Implementation section and Appendix K: Implementation Matrix for more implementation planning considerations.
Early Implementation
In addition to developing the more comprehensive action list in the sections below, the City has identified actions for early implementation.
• The City began drafting a building electrification ordinance in early 2023, but the process has temporarily stalled due to a federal ruling on a similar ordinance in Berkeley. • In September 2023, City Council approved a resolution authorizing renewable diesel to be used for all dieselfueled City vehicles, which will result in an estimated 65%– 75% reduction in CO2 emissions—in addition to reductions in fine particles, nitrogen oxides, hydrocarbons, carbon monoxide, and polyaromatic hydrocarbons—as compared
to petroleum-based diesel.
• An analysis of initial strategies, including feedback from the community, highlighted "public EV charging" (T1.2) and "tree planting" (WNS1.2) as key opportunities for early implementation. These actions are described in more
detail in the section below.
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Buildings & Energy
Community vision: Electric. Affordable. Resilient. Comfortable.
Strategy 1: Use cleaner energy sources
Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 BE1.1 MCE default
• Implement a policy to default all existing El Cerrito electricity customers to MCE’s Deep Green electricity service, which provides 100% renewable energy. Customers can opt out, if desired. • Advocate for efficient and effective Deep Green project investments in El Cerrito, such as community solar and battery storage projects.
BE1.2 Community solar
In partnership with MCE, plan for and solicit community solar projects and microgrids to support community resilience and reduce energy emissions and costs. Provide financial incentives and technical assistance to support the development of community solar projects, streamline permitting where possible, and prioritize storage systems to ensure community solar could be used during outages.
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Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 BE1.3
Community building electrification
In collaboration with BayREN and MCE, implement residential, multifamily, and low-income building electrification programs and associated outreach and education.
• Consider developing an incentive/rebate match program. • Focus outreach and education on lower-income or more vulnerable communities (i.e., sensitive populations for whom indoor air quality issues have more damaging effects).
• Facilitate community-led education and resource sharing. • Encourage and support community workshops and demonstrations (e.g., electric home show) by individuals and local organizations.
BE1.4
Real Property Transfer Tax (RPTT) rebate update
Change the Real Property Transfer Tax (RPTT) rebate so that it no longer offers subsidies for efficient gas appliances, and does not qualify any gas appliances for the rebate. Additionally, update qualifying work to include rebates for resilience upgrades (e.g., battery storage), wildfire hardening, all-electric appliances, and other climate mitigation or adaptation activities.
BE1.5
All-electric new buildings
Work with other jurisdictions to develop an ordinance, taking into account state and regional regulations and recent case-law, requiring allelectric buildings in new construction and significant remodels. Assess the potential for updates and revisions to the ordinance every 3–4 years.
BE1.6
Outdoor natural gas ban
Adopt an ordinance that phases in a citywide ban on outdoor natural gas and propane use for space heating by businesses and vendors.
Explore options to provide grants for businesses.
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Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 BE1.7
Gas-powered outdoor equipment ban
Implement a ban on gas-powered outdoor and off-road equipment, such as leaf blowers, vehicles and equipment used in construction, landscaping, and recreation. Provide financial support for electric landscaping tools and leverage state programs.
BE1.8
Restaurant and food truck electrification
Explore opportunities to encourage and support the electrification of restaurants and food trucks, including transitioning cooking equipment to use electricity. Explore options to provide grants and incentives to businesses. Explore adding publicly available outlets and power sources in the public right-of-way for food trucks to access while parked at specific locations.
BE1.9
Coordination with utilities
Coordinate with local utilities and regional entities to support the ability of the electrical grid to handle increased electricity demand.
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Strategy 2: Use less energy
Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 BE2.1
Energy efficiency upgrades
Support communitywide energy efficiency upgrades.
• Leverage existing programs and funding sources to support energy efficiency retrofits at City facilities, schools, and large commercial and multifamily buildings.
• Provide or leverage existing funding/incentives to support energy efficiency and electrification upgrades at time of sale, time of replacement, and time of renovation.
• Key retrofits might include improved insulation and weatherization, installation of more efficient appliances (ENERGY STAR rated or equivalent), and use of smart appliances like programmable thermostats and lighting-control devices like light timers, motion sensors, and dimming technologies.
BE2.2
Energy assessments and benchmarking
Explore cost and feasibility of an ordinance and program requiring energy assessments and benchmarking in existing buildings that are not covered by the State's Building Energy Benchmarking Program. • Explore Berkeley's Building Emissions Saving Ordinance (BESO) model.
• Explore requiring energy assessments at time of sale, and at more regular intervals for large buildings.
• Explore requiring energy benchmarking at regular intervals for large buildings.
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Strategy 3: Build more sustainably
Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 BE3.1
Embodied carbon in building materials
Reduce embodied carbon in building materials, exploring Marin County's low carbon concrete ordinance as a model. Provide incentives for sustainable building practices and materials, and facilitate information sharing and training for contractors and developers on low-carbon building materials. Advances in building materials may allow for earlier implementation of these actions.
BE3.2 ADU and tiny house permitting
Enable easier and less costly permitting and code requirements for ADUs and tiny houses.
• Determine a square footage to be eligible.
• Explore alternative seismic capable hold downs that aren’t traditional foundation designs.
• Explore “off grid” tiny houses and ADUs without all utility connections. • Explore providing guidelines for composting toilets and greywater for an ADU to avoid costly/complex sewer connections.
• Explore allowing solar/battery electric service with no grid connection. • Explore allowing rainwater catchment and filtering for domestic water in ADUs and tiny houses.
• Prohibit new gas connections to ADUs.
• Incentivize ADU access to EV charging capabilities.
BE3.3 Long-term building infrastructure electrification plan Develop a long-term plan for transitioning the existing building infrastructure in the community to use 100% renewable electricity.
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Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 BE3.4 Refrigerants management
Support El Cerrito households and businesses to be more efficient with and reduce emissions from refrigerants, including providing resources and education about alternate refrigerant options and proper disposal.
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Transportation
Community vision: Safe. Walkable. Bikeable. Transit-oriented. Electric.
Strategy 1: Drive cleaner vehicles
Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 T1.1 EV ordinance
Implement an EV charging/readiness ordinance requiring a minimum percentage of EV chargers to be installed for new developments, major remodels, or parking expansions—including multifamily buildings—that exceeds current code requirements. Include chargers for smaller electric vehicles (e.g., electric mopeds and motorcycles).
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Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 T1.2 Public EV charging
Develop an EV Infrastructure Plan to implement expanded public EV charging in both residential and commercial areas.
• Consider providing grants to fund and incentivize charging installations on commercial properties and multifamily buildings. • Work with MCE to explore implementing a City match program to provide greater incentives and rebates for charger installations. • Explore the feasibility of curbside charging.
• Develop a policy for residential charging on the right-of-way. • Explore partnerships with third-party charging station providers to reduce costs.
• On commercial properties, focus on supporting businesses in transitioning their fleet to EVs.
• Identify optimal sites for chargers.
• Consider Smart Charging technologies.
• When feasible, integrate renewable energy sources, such as solar panels, with EV charging infrastructure.
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Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 T1.3 Clean vehicle education and outreach
Develop and implement an educational campaign focused on clean vehicle adoption and use.
• Promote existing incentives and rebates for EV purchases. • Promote EV car share programs.
• Provide resources and education specifically for lower-income residents.
• Partner with CBOs to develop and implement the program. • Raise awareness about the use of EVs for electrical power backup. • Encourage smaller vehicles and micro-mobility options. • Educate the community on refrigerant emissions and sustainable practices and alternatives.
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Strategy 2: Drive less
Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 T2.1 Active transportation
Plan, design, and implement a citywide pedestrian and bikeway network that’s comfortable for users of all ages and abilities. • Implement the 2016 Active Transportation Plan and update with corridor or area-specific studies to enhance the active transportation network.
• Expand protected sidewalks, bikeways, and safe street crossings, especially on San Pablo Avenue, at transit stations, and around schools.
• Reduce the area of public right-of-way dedicated to vehicle traffic and parking and increase the area dedicated to other modes and active uses.
• Expand and enhance east-west bicycle routes.
• Explore parking restrictions, repealing any parking minimums for development (if applicable), or other strategies for reducing parking demand.
• Establish temporary and permanent car-free zones.
• Work toward the goal of residents being able to meet all needs via safe and efficient walking or biking.
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Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 T2.2 Bike access, parking, and charging
As part of Action T2.1, encourage use of and access to bikes and improve bike parking and charging.
• Assess current citywide bicycle parking and e-bike charging and plan for expansion of secure parking and charging stations protected from the elements, prioritizing BART stations, other transit hubs, schools, City facilities, and commercial areas.
• Create a citywide public bicycle parking program to plan, fund, and install bicycle parking facilities at key destinations. • Add bicycle parking (if needed) and e-bike charging at key City buildings.
• Encourage and promote e-bike incentive or rebate programs, prioritizing lower-income residents.
T2.3 Shared-use micromobility program
Pilot a shared-use micromobility program with bicycles, e-bikes, and escooters, to support Actions T2.1 and T2.2. • Provide outreach and education about the program.
• Subsidize costs for lower-income residents.
• Forge partnerships with regional agencies and/or local cities to expand shared micromobility to El Cerrito and other West Contra Costa cities.
• Explore potential partnerships with third party e-bike and e-scooter companies and programs.
• Locate programs by BART stations and other transit stops to enhance mobility hubs.
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Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 T2.4 Transit-oriented development
Support and plan for transit-oriented development.
• Maximize the potential of transit/mobility hubs (especially BART) by increasing density of housing, services, and commerce in those areas. • Build off the work of the San Pablo Avenue Specific Plan and explore options to amend the zoning code to require higher density development in strategic locations.
• Explore feasibility of supporting more commercial uses in residential areas to create more walkable neighborhoods.
T2.5 Public transit improvements
Work with public transit agencies to improve access to key destinations and make transit a competitive travel choice.
• Evaluate the performance of existing routes and consider transit priority features, such as bus lanes and transit signal priority, to reduce travel time and improve reliability.
• Explore demand for new routes (e.g., San Pablo Avenue Bus Rapid Transit).
• Expand and promote subsidized or discounted transit passes or programs.
• Support regional transit fare and schedule coordination efforts. • Improve public transportation options in hillside neighborhoods. • Encourage families to use school bus routes.
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Consumption & Waste
Community vision: Local. Resource-conscious. Educated.
Strategy: Reduce consumption and waste generation and increase waste diversion Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 CW1.1 Recycling and composting education and resources
• Explore opportunities for expanding existing recycling and compost education programs.
• Increase outreach efforts to provide educational materials and technical assistance to businesses, building owners, and community members about recycling and composting.
• Partner with CBOs and schools to promote education and outreach.
CW1.2 Reuse and waste reduction programs and local businesses Support community reuse and waste reduction programs and local businesses through funding, financial incentives, education, and outreach. Examples of programs may include local "Buy Nothing" groups, tool lending libraries, food banks, fix-it/repair clinics and workshops, and food rescue and recovery programs and partnerships.
Promote local businesses and, when feasible, conduct City operations through local businesses and suppliers.
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Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 CW1.3 Climate-friendly food
Reduce emissions and negative environmental impacts from food. • Develop and implement a personal food education campaign, promoting understanding of food emissions and encouraging lowcarbon food choices. • Expand vegetarian options at City events.
• Explore the Coolfood Pledge and C40 Good Food Cities Declaration for ideas on more climate-friendly food.
• Explore the feasibility of developing a GHG labeling program for food on restaurant menus.
• Explore the feasibility of supporting more farmers' markets. • Encourage home vegetable and fruit gardening.
• Develop and implement a food waste education campaign.
CW1.4 Recycling Center
Continue to expand offerings at the El Cerrito Recycling + Environmental Resource Center, as recycling markets allow.
CW1.5 Plastics reduction
Building on the City’s Foodware Ordinance, explore opportunities to further reduce the consumption of plastics and other fossil fuel derived products. This could include encouraging stores to sell products and food in bulk to customers to reduce packaging waste, providing financial or technical support to businesses in the transition away from plastics, and educating community members about reducing consumption of plastics.
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Water & Natural Systems
Community vision: Drought-tolerant. Fire-safe. Resilient. Adaptable.
Strategy 1: Increase and promote healthy urban tree canopy and open spaces, local biodiversity, and carbon sequestration
Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 WNS1.1 Hillside Natural Area maintenance and carbon sequestration Integrate measures into the Hillside Natural Area Fire Resilience and Forest Conservation Management Plan (under development) that optimize carbon sequestration, promote a healthy ecosystem, and promote wildfire resilience.
• Perform proper thinning.
• Encourage native trees (e.g., oak).
• Employ methods and tools (e.g., TreeKeeper) to track carbon sequestration in the urban landscape.
• Explore opportunities to improve tree diversity.
• Seek grants and other funding to support Hillside Natural Area maintenance.
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Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 WNS1.2 Tree planting
Develop and implement an urban tree planting program to expand the urban forest.
• Partner with CBOs, schools, and the Urban Forest Committee for outreach, education, volunteer recruitment, and decision-making on tree planting locations.
• Prioritize areas that experience extreme heat or urban heat island effect, have existing environmental or health disparities, are frequently used by the community (churches, schools, playgrounds, etc.), are in lower-income neighborhoods, or have lower existing canopy cover. • Explore partnering with and using resources from the Green Pocket Forests initiative to develop and implement programs to plant Miyawaki forests 7 at schools and City properties, if pilot studies determine they are cost-effective.
• Prioritize drought tolerant and native tree species selections, where possible, to reduce water consumption for irrigation.
• Prioritize diversity in tree species and tree age. Select tree species with climate changes and impacts in mind.
• Pair this action with Action WNS1.3, tree maintenance, to ensure trees remain healthy.
• Set a target for tree canopy increase as appropriate using available data.
7 The Miyawaki method involves ultra-dense tree planting of native saplings, with the goals of trees growing quickly, storing more carbon, requiring less water, and providing other ecological benefits (Green Pocket Forests) .
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Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 WNS1.3 Tree maintenance
Develop and implement an urban tree canopy maintenance program that provides sufficient irrigation and consistent and quality maintenance for urban trees to mitigate the impacts of heat stress and high fluctuations in precipitation from year-to-year.
WNS1.4 Native plants and biodiversity
Support planting and maintaining native plants, where possible, to enhance biodiversity and improve fire and drought resilience. • Develop and continually update a preferred planting list for plant species that are less sensitive to drought, disease, fire, and pests. • Develop a program (or leverage existing programs) to encourage conversion of lawns to drought-tolerant native plant gardens.
Strategy 2: Protect water quality and supply
Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 WNS2.1 Community water conservation
Promote water conservation through the following actions:
• Provide public education and outreach and workshops on water conservation practices and benefits (indoor water use and landscaping and gardening).
• Provide incentives for native and drought-tolerant residential and commercial landscaping and removal of grass turf and lawns. • Enable easier permitting of greywater, non-potable water re-use, and composting toilet installations.
• Promote communitywide water collection and storage and greywater systems by providing education and financial support to residents and businesses.
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WNS2.2 Stormwater infrastructure and pervious surfaces
Improve stormwater infrastructure and increase area of pervious surfaces.
• Identify and promote opportunities to create green stormwater infrastructure, building on the City's Green Infrastructure Plan, to install permeable pavement, bioswales, rain gardens, vegetated roofs, retention ponds, and other green infrastructure.
• Identify and promote opportunities to remove unnecessary pavement and impervious surfaces.
• Provide education and incentives for residents to install green infrastructure and/or to reduce impervious surfaces on private property.
• Update the city's stormwater infrastructure to reflect projected increase in intensity of rainstorms and address deficiencies in condition and capacity, implementing the recommendations of the Storm Drain Master Plan (in progress).
Strategy 3: Implement wildfire education, prevention, and response Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 WNS3.1 Outdoor fire and wood-burning ban
Consider temporary bans on outdoor fires (including barbeques) and wood-burning fireplaces and stoves during high wildfire risk conditions, low air quality events, or on days meeting other specific criteria.
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WNS3.2 Wildfire prevention
Continue to improve wildfire prevention.
• Perform education and outreach on maintaining defensible space around structures to slow or halt the progress of fire. • Manage vegetation to reduce wildfire risk on City and private property, including in the Wildland Urban Interface/Intermix (WUI). Focus on removing species that pose the greatest risk for wildfires. • Facilitate community-led education and resource sharing. Encourage and support community workshops and demonstrations (e.g., wildfire prevention tactics in personal yards) by individuals and local organizations.
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Community Resilience & Empowerment
Community vision: Equitable. Safe. Healthy. Accessible. Empowered.
Strategy 1: Increase community resilience and capacity to respond to climate impacts Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 CRE1.1 Climate resilience hubs
Create climate resilience hubs and conduct outreach to educate and inform the community about the hubs. Hubs will provide shelter from extreme heat, wildfire smoke, and other climate emergencies. • Locate hubs in accessible community facilities, such as City buildings, community centers, and libraries.
• Explore opportunities with BayREN's Bay Area Resilient Libraries Network Initiative.
• Promote climate action and adaptation resources and education efforts at hubs.
CRE1.2 Community gardens
Seek financial and technical support for the El Cerrito Community Garden Network, CBOs, and schools to expand and add community gardens throughout the city. Support the development of community gardens at community buildings, churches, and multi-family properties.
Explore opportunities to implement green roofs and living walls.
CRE1.3 Urban Greening Plan
Implement the Urban Greening Plan to enhance public places and open spaces throughout the city. Open and green spaces provide cooling from heat and are linked to mental health and quality of life benefits.
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Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 CRE1.4 Equitable climate preparedness
Develop and implement a program (or partner with existing programs) to provide climate preparedness resources to community members and ensure that resources are allocated equitably.
• Focus implementation on populations and areas that are most vulnerable to climate impacts.
• Provide free or discounted air filter box fans or filter fan kits. • Include education and resources for wildfire risk and prevention and extreme heat and wildfire smoke events.
• Expand and enhance Community Emergency Response Team (CERT) trainings that teach community members important skills needed to respond to a community emergency or disaster.
CRE1.5 Adaptation and resilience education and incentives Provide education and financial incentives and rebates for adaptation and resilience retrofits, upgrades, and projects on commercial and residential properties (e.g., installing green roofs, ceiling fans, heat pumps, and permeable pavement; reducing paved areas to address runoff and heat; planting drought-tolerant trees and plants).
CRE1.6 Housing and food security
Invest in and promote programs that expand affordable housing and food security, including emergency housing and food programs for climate emergencies such as extreme heat events, flooding, and poor air quality days from wildfire smoke. Invest in and promote local farmers' markets.
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Strategy 2: Increase climate and environmental awareness and education Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 CRE2.1 Public education on climate risks and resources
Collaborate with education-focused community-based organizations and schools to develop and implement climate and environmental education programs and resources. Initiatives could include:
• Curriculum development focused on climate mitigation and adaptation, climate challenges or pledges, and school garden planning and development.
• Educational videos, events, and workshops about climate mitigation and adaptation, with a focus on saving money and taking climate action at home.
• Education and outreach to communities that have historically been excluded from government processes to provide avenues for their voices in decision-making processes.
• Partner with schools and the Contra Costa County Library to augment climate education initiatives.
CRE2.2 Climate dashboard
Develop a public-facing dashboard for key climate/sustainability metrics as part of the City's website. Include an outreach campaign to gain community buy-in and implementation support.
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Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 CRE2.3 Personal climate action
Promote and implement programs to empower residents to take climate action.
• Implement the Cool Block Program.
• Promote the Cleaner Contra Costa Challenge or adapt the program for El Cerrito.
• Promote personal carbon footprint calculators.
• Catalog and promote existing incentives and rebates, especially for lower-income residents.
• Integrate these programs and tools into the City's climate dashboard (Action CRE 2.2).
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Municipal & Policy
Community vision: Ambitious. Collaborative. Resourceful.
Strategy 1: Implement the CAAP while prioritizing equity Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 MP1.1 Interdepartmental task force
Create an interdepartmental task force of City staff to regularly meet and collaborate on the integration of climate action into routine business practice and all areas of the City.
MP1.2 City staff capacity
Increase City staff capacity for climate work.
• Pursue funding for positions, including but not limited to college internships to full-time positions that focus on environmental and climate programs, which could include volunteer coordination. • Integrate CAAP action implementation into City Staff workplans MP1.3 Regional coordination
Strengthen and expand regional alignment in climate planning and access more funding.
• Coordinate with Richmond and the County to access more funding. • Research, leverage, and partner with regional/county programs, resources, and incentives.
• Consider joining BayCAN or other regional climate action and adaptation groups.
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Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 MP1.4 CAAP funding
• Research options and opportunities to develop a dedicated local funding stream for climate action and adaptation efforts that could fund staff and projects to meet the goals of the CAAP.
• Research federal, state, and regional funding opportunities, including the Inflation Reduction Act (IRA).
• Explore possibilities for new funding sources, such as a utility users’ tax for climate and a parcel tax.
• Ensure that the cost burden for each climate solution falls on those who can afford it.
Strategy 2: Lead by example with sustainable City operations Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 MP2.1 City building electrification
Transition City building and facilities to electric systems, including the El Cerrito Swim Center swimming pool heating.
• Identify and prioritize buildings and facilities that a) currently consume large amounts of natural gas or other fossil fuel-based energy sources, and b) are candidates for relatively simple or quick electrification upgrades and retrofits.
• Implement this action in conjunction with Action MP2.2 to install solar systems and address energy storage.
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Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 MP2.2 On-site solar and energy storage at City facilities Continue installing and upgrading on-site solar photovoltaic systems with energy storage at City facilities, using resources from BayREN and other regional energy networks and partners. Identify and prioritize buildings and facilities that a) may need backup energy during outages, and b) provide essential City services during extreme weather events.
MP2.3 EV charging at City facilities
Install EV charging stations at City facilities for City and public use. • For City use, prioritize sites where fleet vehicles can charge overnight (e.g., Public Safety Building, Corp. Yard, etc.)
• For public use, prioritize facilities and sites that are most accessible or most frequently visited by the community, such as the Community Center, City Hall, and the Library.
MP2.4 City fleet electrification
Transition City fleet vehicles to electric, in conjunction with Action MP2.3.
• Inventory existing fleet vehicles.
• Develop a fleet transition plan; prioritize vehicle types with highest annual VMT and lowest fuel efficiency.
• Research electric options for heavy-duty vehicles and off-road equipment
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Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 MP2.5 City staff commute reduction
Reduce City staff commuting emissions.
• Explore opportunities for continued expansion of telework policy and promote flexible schedule options.
• Provide and promote incentives for using active transportation, rideshares, or public transit.
• Provide workplace EV charging.
• Create municipal bicycle and e-bike fleet for employee trips. • Catalog and reduce business air travel.
MP2.6 Environmentally Preferable Purchasing Policy update Update the City's Environmentally Preferable Purchasing Policy to include the following elements:
• Add “climate” to the title and incorporate GHG reduction considerations into all purchasing policies.
• Prohibit purchase of gas appliances for City facilities (including the replacement of existing gas appliances) unless the City determines that the non-gas option is financially infeasible.
• Adopt a fleet vehicle policy that transitions as quickly as feasible to an all-electric fleet. Include exceptions for vehicle classes for which there are no available options at a feasible life-cycle price. When all-electric is not feasible, require purchase of a more fuel-efficient vehicle than the vehicle being replaced. Factor in life-cycle fuel and maintenance costs to the cost analysis of electric versus fossil fuel vehicles at the time of purchase.
• Develop guidelines for purchase of low-carbon concrete and other building materials with high embodied carbon.
• Develop guidelines to limit purchases of plastics and other fossil fuel derived products.
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Action ID Action Description Benefits Phase 1 Phase 2 Phase 3 MP2.7 Refrigerants management in City operations
Reduce emissions from refrigerants.
• Prioritize low carbon refrigerants and proper disposal in City operations.
• Replace outdated refrigerants with alternate refrigerants with lower global warming potentials in City operations.
MP2.8 City water conservation
Promote water conservation through the following actions:
• Construct water collection and storage systems on City properties, where feasible, to expand back-up water supplies for landscaping. • Retrofit City plumbing systems to separate greywater and allow for on-site water reuse and non-potable plumbing (e.g., use greywater for flushing toilets).
• Conduct water audits at City facilities every 2-3 years.
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Strategies and Actions 63
8 Carbon offsets are part of carbon trading systems that allow an entity to invest in GHG emissions reduction projects elsewhere to compensate for— or offset—the entity’s GHG emissions.
Sequestration and Carbon Offsets
As the wedge analysis shows, carbon sequestration may be a key strategy for the City to reach its goals, after the other strategies in this CAAP have been explored and/or
implemented. Potential carbon sequestration actions
identified in the CAAP include optimizing carbon sequestration in the Hillside Natural Area, planting and maintaining trees, planting and maintaining native plants, and supporting
community gardens (WNS1.1–1.4, CRE1.2).
If the City ultimately intends to close any remaining emissions gaps and reach carbon neutrality by using carbon offsets, the City will need to determine the maximum allowable amount of carbon offsets 8 and appropriate validation standards for offsets. In exploring carbon offsets, and prior to securing any carbon offset credits, City staff will consult with the Environmental Quality Committee on these questions and seek City Council approval to ensure any such action both meets the goals of the CAAP and is a fiscally responsible use of the City's resources.
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El Cerrito Climate Action and Adaptation Plan
Implementation 64
Implementation
Achieving the goals outlined in this plan will require combined efforts from the City and El Cerrito’s residents, businesses, and visitors. This CAAP aims to serve as a roadmap toward
achieving these goals, including reaching aggressive emissions reduction targets, improving El Cerrito’s resilience to climate change impacts, and guiding collaboration between the City and El Cerrito’s community. This section, along with Appendix K:
Implementation Matrix, outlines key elements designed to support the effective and equitable implementation of the CAAP.
Monitoring & Continuous Improvement
El Cerrito has laid a strong foundation for achieving its climate action goals, but monitoring progress will be critical to ensuring that the City remains on track to meeting its targets.
City staff will lead implementation of the CAAP with oversight from the El Cerrito City Council. To effectively monitor and report on progress, the City will:
• Prepare detailed implementation reports for the City
Council and Environmental Quality Committee on
implementation challenges, successes, and overall
progress toward GHG reduction goals at least every 5
years.
• Complete GHG inventory updates no less than every 10
years and report on results compared to the 2005 baseline and previous inventory years.
• Regularly update the City’s climate dashboard (CRE2.2) to keep the community informed about CAAP progress and
invite participation in CAAP actions.
• Evaluate the need for CAAP updates after “phase 2”
(~2033), including evaluating the relevance and
effectiveness of current targets, strategies, and actions. o During phase 1 and phase 2, as the City provides
progress reports to the City Council and
Environmental Quality Committee, the City should
add or strengthen actions as needed to stay on
track to meet GHG reduction targets.
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Ongoing Community Engagement
This Climate Action and Adaptation Plan was developed for and with El Cerrito’s community to ensure that the CAAP reflects the community’s needs and priorities. The City will work with the community to answer the following guiding questions, intended to ensure that implementation decisions will serve and benefit vulnerable and historically and currently marginalized communities.
• Equity. Does the action advance racial or social equity and reduce the burden on marginalized groups by reducing
negative impacts and increasing benefits for these
communities? What are the accountability mechanisms to
ensure the intended benefits of this action? If this action produces disproportionate burdens or costs to these
communities, how can the City mitigate these impacts?
• Accessibility. Are resources and materials provided in languages, formats, and communication channels for the
community to understand and engage with, including for
older community members or those who speak a language
other than English?
• Partnership. Does the action align with and advance the work of equity-focused community-based organizations?
Does the action align with the goals and priorities of El Cerrito’s residents and businesses, particularly the
priorities of vulnerable or marginalized communities?
• Community benefits. Does the action realize other
important co-benefits for the City or community, such as improving air quality, public health, or community mobility, and does the action maintain long-term fiscal
sustainability for the City?
• Synergies. Can the action leverage connections with
ongoing or parallel planning efforts, committees, or
community organizations?
In addition to prioritizing equitable implementation of CAAP strategies and actions, the City will also prioritize community input. Implementation of the CAAP will continue to rely on engagement with the community, whose active participation will be necessary to help El Cerrito reach its climate goals both equitably and effectively.
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Community’s Role
The success of this Climate Action and Adaptation Plan requires community support and investment; every resident and visitor in El Cerrito has a role to play.
Small Actions for a Big Impact*
Action
MTCO2e avoided when action is taken by… Total consumptionbased emissions My household Everyone in El Cerrito avoided annually
Replace travel 2x per week with an
electric vehicle (EV) 2.4 MTCO2e 27,814 MTCO2e 6%
Replace travel 2x per week with
walking, biking, or public transit 2.4 MTCO2e 27,814 MTCO2e 6% Take 1 less cross-country plane trip
per year
2.6 MTCO2e 12,053 MTCO2e 3%
Take 1 less international plane trip
per year
5.6 MTCO2e 25,959 MTCO2e 5%
Replace a home natural gas furnace
with a heat pump 0.5 MTCO2e 5,794 MTCO2e 1%
Replace a home hot water heater
with a heat pump water heater 0.7 MTCO2e 8,112 MTCO2e 2% Buy no new furniture or appliances
for a year 2.6 MTCO2e 30,131 MTCO2e 6%
Skip meat 1 day per week 0.3 MTCO2e 3,467 MTCO2e 1%
Skip meat and dairy 3 days per week 1.3 MTCO2e 14,859 MTCO2e 3% *For details about data sources and assumptions, see Appendix J: Data Sources and Assumptions for Emissions Estimates.
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CLIMATE PLEDGE
We need your help to reach our climate goals!
I, _______________________________________ ,
pledge to help make El Cerrito more sustainable and
resilient through the following actions:
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El Cerrito Climate Action and Adaptation Plan
Implementation 69
Partnerships
In addition to community involvement, many actions in this CAAP will be strengthened by partnerships. Potential partners may include:
• Neighboring cities, including Richmond, Albany, and Berkeley • Local transit agencies, including Bay Area Rapid Transit (BART) and AC Transit
• Local utilities, including Pacific Gas & Electric (PG&E) and MCE
• Schools and school districts
• Contra Costa County Library
• Local faith-based and environmental community-based
organizations (CBOs)
• BayREN
• 511 Contra Costa
• Contra Costa County Health Services
Funding
The City will determine an approach for funding the strategies and actions outlined in this climate action roadmap following adoption of the plan. This approach will consider funding from various sources, including the City’s existing budget, local, state, and federal grants, and other potential funding opportunities. The City will prioritize identification of funding sources as early as possible to ensure rapid and sustainable plan implementation. Some examples of potential funding sources include the following:
Federal
• Inflation Reduction Act
• USDOT Charging and Fueling Infrastructure Grant Program • CPRG Implementation Grants
• USFS Urban and Community Forestry Program
• FEMA Building Resilient Infrastructure and Communities State
• Extreme Heat and Community Resilience Program
• Adaptation Planning Grant Program
• Regional Resilience Grant Program
• Community Energy Resilience Investment Program
• Carl Moyer Memorial Air Quality Standards Attainment
Program
Regional
• BayREN and MCE programs
While many of the actions identified in the CAAP will require substantial funding, these efforts will bring important additional benefits to El Cerrito. Not only will these actions directly work toward mitigating El Cerrito’s greenhouse gas emissions and improving the community’s resilience and ability to adapt to climate change impacts, but they will also provide valuable social, economic, and environmental co-benefits for the community.
See Appendix K: Implementation Matrix for more implementation planning considerations and details.
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Appendices
The following appendices provide supplemental information about the CAAP process and analyses. • Appendix A: Communitywide and Municipal GHG Emissions Inventories • Appendix B: Consumption-Based GHG Emissions Inventory • Appendix C: Wedge Analysis
• Appendix D: Sequestration Analysis
• Appendix E: Target Setting
• Appendix F: Climate Vulnerability Assessment
• Appendix G: Early Win Action Options and Evaluation
• Appendix H: Multi-Criteria Analysis
• Appendix I: Survey Respondent Demographics
• Appendix J: Data Sources and Assumptions for Emissions Estimates • Appendix K: Implementation Matrix
To view all appendices, visit https://el-cerrito.org/ClimateActionPlan.
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AGENDA BILL
Agenda Item No. 9.C.
Date: July 16, 2024
To: El Cerrito City Council
From: Karen Pinkos, City Manager; Will Provost, Assistant to the City Manager; Holly M. Charléty, City Clerk, City Management
Subject: Call and Request Services for a November 5, 2024 Election to Submit to Voters the Reauthorization of Measure R to Maintain El Cerrito Safety and Local Services
ACTION PROPOSED
1) Adopt a resolution to call for an election to be held on Tuesday, November 5, 2024 to submit to the voters of El Cerrito a measure to reauthorize an existing Transactions and Use Tax (Measure R) to maintain El Cerrito safety and local services, to request the Contra Costa County Board of Supervisors consent to the consolidation of said measure and direct the Registrar of Voters to provide specified services to the City related to the conduct of the election, to direct the City Attorney to prepare an impartial analysis of the measure, and to establish deadlines for arguments and rebuttals; and 2) Waive further reading and introduce by title an ordinance of the City Council of the City of El Cerrito amending and restating chapter 4.62 of the El Cerrito Municipal Code to reauthorize an existing transactions and use tax to be administered by the California Department of Tax and Fee Administration.
BACKGROUND
The City’s one-cent Transactions and Use Tax, more commonly referred to as "sales tax", was approved by El Cerrito voters in 2014 and is set to expire in 2027. The tax measure known as Measure R provides approximately 8% of the City’s General Fund revenue and supports a wide array of critical City services, including fire protection and public safety, rapid emergency response times, after-school programs for children and teens, and maintenance of City parks, paths, and playfields. With this local funding measure expiring soon, City staff have been evaluating options, engaging with the community, and are now recommending placing a reauthorization measure on the ballot in November 2024.
The local funding measure, first approved by local voters as a 0.5% general sales tax in 2010 and most recently approved as a 1.0% general sales tax in 2014, generates revenues that have been essential to maintaining City services, including 9-1-1 emergency response, crime prevention, and fire protection, and preventing more severe cuts during the COVID-19 pandemic.
Following the pandemic and a corresponding reduction in revenues, in 2021 the City implemented an across-the-board 10% cut to all City services, programs, and staff. The locally controlled Transactions and Use Tax enabled the City to avoid deeper cuts to programs and services that community members rely upon. Moreover, thanks to these Agenda Packet Page 233 of 330
Agenda Item No. 9.C.
reductions and efforts at every level of the organization, the City has built up a General Fund reserve of greater than $16 million dollars, equivalent to more than 30% of General Fund expenditures.
Despite the City’s now healthy General Fund reserves, El Cerrito's long-term financial projections are more precarious. With the impacts of historical state takeaways of local funds, rising costs to maintain basic services, and the expiration of this local funding, the City is beginning to plan for this significant loss of revenue impacting all service areas in the near future, including 9-1-1 emergency response, fire and crime prevention, parks and public facility maintenance, and programs for youth and seniors.
If a reauthorization measure is not approved, City staff will need to consider all options to address the loss of revenue, including another 10% cut to all services, programs, and staff.
City staff has worked diligently to deal with various financial headwinds over the years, including making more than $1 million in reductions to balance the budget this year and working to conduct City operations as efficiently as possible. Despite these efforts, the City’s financial projections show a need for an additional $1 million in reductions annually to ensure the City can maintain its reserves at the current levels. Additionally, to avoid the most severe cuts citywide across departments, the City needs to continue to secure local funding in the amount currently being provided by the existing transactions and use tax.
In March 2024, staff engaged Godbe Research to conduct a survey of El Cerrito residents to determine their service priorities and gauge support for a possible reauthorization measure. Public safety services such as maintaining 9-1-1 emergency response times, fire protection, and emergency medical services received a high level of support. Respondents also stated a strong desire for programs that enhance quality of life, such as maintaining City parks, paths, and playfields, after-school programs for children and teens, library programming hours, and wildfire prevention programs.
At the May 7, 2024, City Council meeting, the City Council was presented with the results of the completed Godbe Research survey (Attachment 3). The initial and final ballot tests found 74.5% and 74.8% support, respectively, for a one-cent sales tax that would continue to maintain and prevent cuts to City services, without increasing taxes.
Current Sales Tax
The current total sales tax rate of 10.25% includes the El Cerrito Transactions and Use Tax (1.0%) which is proposed for reauthorization, the City’s Measure A Streets Fund (0.5%), and voter-approved sales taxes for the Contra Costa Transportation Authority (0.5%), BART (0.5%), and the Contra Costa County Measure X fund (0.5%). Other components of El Cerrito’s total sales tax rate include funding for the State General Fund (3.94%), County Services (1.81%), Public Safety Proposition 172 (0.5%), and the Bradley-Burns Uniform Local Sales Tax (1.0%).
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Agenda Item No. 9.C.
ANALYSIS
Community Feedback
Throughout the Spring, the City has sought feedback from the community by creating an online and paper feedback survey, posting information online and on the City’s social media channels, and sending print and electronic newsletters to gauge public support and understand community priorities. Through the surveys conducted, the City received more than 500 responses. Overall, the City found that top community priorities include for the City to:
• Maintain fire protection and emergency medical services • Maintain rapid 9-1-1 emergency response times
• Maintain City parks, paths and playfields
• Maintain after-school programs for children and teens • Maintain library program hours for children, adults and families • Maintain wildfire prevention programs
• Maintain and improve open spaces
• Maintain crime prevention and investigation resources Measure Duration
Feedback received through the community engagement process also made clear residents’ desire for a reliable and stable revenue source that will continue to provide funding for critical El Cerrito services well into the future. Rather than setting a term expiration on the extension, residents as a whole indicated they value this funding source and the continuity it provides and wish to retain the ability of voters to end the measure in the future. Notably, in the survey conducted by Godbe Research, the proposed measure received high levels of support with one of the highlighted features being that it would remain in effect until ended by voters.
Budget Impacts
In addition to engaging Godbe Research, City staff has been actively engaging with community members throughout the Biennial Budget Process in order to determine the approach for a potential ballot measure to maintain revenues. The projections shown at the June 4 City Council Budget Hearing (pictured below), show the current projection for General Fund reserves if the one-cent sales tax is not reauthorized by voters. As seen in the graph, if a similar reduction of nearly 10% is not made to expenditures, the City’s General Fund Balance would sink below zero as soon as Fiscal Year 2028-29. In other words, the City would need to make cuts of nearly 10% Citywide to ensure that doesn’t happen. These cuts would impact the services upon which our community relies, including the ability to maintain safety services such as fire protection and emergency medical services, rapid 9-1-1 emergency response times, wildfire prevention programs, and crime prevention and investigation resources. Non-public safety items including maintaining our City parks, open spaces, paths and playfields, and maintaining after-school programs for children and teens would also face significant cuts.
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Agenda Item No. 9.C.
General Fund Reserve Forecast – Without Existing One-Cent Sales Tax Next Steps
As shown during the Biennial Budget process, the City has enacted budget reductions and is planning for significant cuts to basic services if the locally controlled and voter approved transactions and use tax is not reauthorized. In short, if the local funding expires, the City will be required to develop plans to address the revenue shortfall, including potential 10% across-the-board cuts to all City services, programs, and staff.
Based on the budget projections, impact to services, and community feedback, City staff recommends that the City Council consider placing the reauthorization measure for maintaining El Cerrito safety and local services on the November 2024 ballot.
Measure Overview
The ballot measure under consideration has the following key components:
• The Transactions and Use Tax Measure would be extended, providing local funding at the one-cent sales tax rate until ended by voters • All funds generated by the measure would be used to maintain and prevent cuts to City services without increasing taxes
• Independent audits of revenues generated would be required • The Measure would include continued citizen’s oversight • All revenues would be kept local
Voter approval of the Maintaining El Cerrito Safety and Local Services Measure would provide approximately $4 million annually. Because the existing voter-approved local Agenda Packet Page 236 of 330
Agenda Item No. 9.C.
funding is a general tax, it can only be considered for extension by the voters at a general municipal election at which members of the City Council are elected. With that being the case, November 2024 would be the optimal time to consider a reauthorization of the measure prior to its expiration.
If the Transactions and Use Tax were to be extended at the one-cent rate by the citizens of El Cerrito, the measure would continue to provide a protected and reliable source of revenue to maintain and prevent cuts to critical resident services and give El Cerrito local control over local funds for local needs. Staff recommends the City Council consider placing the reauthorization measure for maintaining El Cerrito safety and local services on the ballot to ask voters the following question:
CITY OF EL CERRITO
YES
To continue to maintain and prevent cuts to City
services, without increasing taxes, such as:
• fire prevention/emergency response times;
• neighborhood police patrols;
• wildfire prevention;
• crime prevention/ investigation;
• after-school programs;
• library hours;
• senior services;
• open space, parks/ playfields; and
• for general government use,
shall El Cerrito’s measure extending the existing
voter approved 1¢ sales tax, until ended by voters
be adopted, providing approximately $4,000,000
annually, with citizens' oversight, annual audits, all
funds staying local, none to Sacramento?
NO
The next established election date is November 5, 2024. To be approved, the measure must receive “yes” votes from a simple majority of the voters voting on the question at the election.
The proposed resolution sets in motion an election for the placement of the reauthorization measure. It calls an election to be held on November 5, 2024, submits the question of a reauthorization measure to maintain El Cerrito safety and local services to the voters at that election, requests that Contra Costa County conduct the election on behalf of the City, directs the City Attorney to prepare an impartial analysis of the measure, and sets deadlines for arguments and rebuttals. Measure R is codified in Chapter 4.62 of the El Cerrito Municipal Code. Additionally, Council must adopt an ordinance that would extend existing local funding at the one-cent (1.0%) sales tax rate in order to maintain and prevent cuts to the current level of services provided by the City, which would become effective only if adopted by 50 percent plus one vote of the Agenda Packet Page 237 of 330
Agenda Item No. 9.C.
El Cerrito electorate. The ordinance amends and restates El Cerrito Municipal Code Chapter 4.62 to reauthorize the existing tax until ended by voters.
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 action is exempt from review under the California Environmental Quality Act (Public Resources Code § 21000 et seq. (“CEQA”) and 14 Cal. Code Reg. § 15000 et seq. (“CEQA Guidelines”)). Under CEQA Guidelines section 15378(b)(4), the proposed tax renewal is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue from the tax were used for a purpose that would have such effect, the City would undertake the required CEQA review for that particular project at the earliest feasible time prior to approval of the project, consistent with CEQA Guidelines Sections 15004 and 15352. Therefore, pursuant to CEQA Guidelines section 15060, CEQA analysis is not required.
FINANCIAL CONSIDERATIONS
If El Cerrito voters approve the reauthorization measure, the City will continue to receive approximately $4 million per year to help maintain and prevent cuts to City services, including fire prevention and emergency response times, neighborhood police patrols, wildfire prevention, crime prevention and investigation, after-school programs, library hours, senior services, open space, parks and playfields, and other city programs.
The Contra Costa Elections Division estimates the General Municipal Election to cost approximately $2.5-$4 per registered voter. As of April 2, 2024, there were 17,420 registered voters in the City of El Cerrito. This number is expected to increase prior to November. Staff estimates that a November 2024 municipal election will cost approximately $52,000. Funds sufficient to cover the estimated costs are approved as part of the City Clerk’s budget for Fiscal Year 2024-2025.
LEGAL CONSIDERATIONS
The City Attorney has reviewed and approved all of the documentation with respect to this measure, including all public information and outreach materials as well as the attached resolution and ordinance.
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Agenda Item No. 9.C.
Staff will continue to work with the City Attorney to ensure that all activities of the City and its employees are strictly limited to providing accurate, fair, and impartial information about the ballot measure and the election process.
Reviewed by:
Karen Pinkos, City Manager
Attachments:
1. Resolution
2. Ordinance
3. Godbe Research Survey Results
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RESOLUTION 2024–XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO CALLING
AND GIVING NOTICE OF THE HOLDING OF A MUNICIPAL ELECTION ON NOVEMBER 5, 2024; ORDERING THE SUBMISSION OF A REAUTHORIZATION
MEASURE FOR MAINTAINING EL CERRITO SAFETY AND LOCAL SERVICES TO QUALIFIED VOTERS OF THE CITY AT SAID ELECTION; DIRECTING THE FILING
OF AN IMPARTIAL ANALYSIS AND AUTHORIZING WRITTEN ARGUMENTS CONCERNING THE BALLOT MEASURE; AND REQUESTING CONTRA COSTA
COUNTY BOARD OF SUPERVISORS CONSENT TO THE CONSOLIDATION OF
SAID ELECTION WITH OTHER ELECTIONS TO BE HELD ON THE SAME DATE,
AND DIRECT THE REGISTRAR OF VOTERS TO CONDUCT THE ELECTION WHEREAS, the City’s one-cent Transactions and Use Tax, approved by El Cerrito voters in 2014, is set to expire in 2027; and
WHEREAS, the existing measure provides approximately 8% of the City’s General Fund revenue and supports a wide array of critical City services, including fire protection and public safety, rapid emergency response times, after-school programs for children and teens, and maintenance of City parks, paths and playfields; and WHEREAS, since the measure was approved by El Cerrito voters in 2014, the City has continued to face financial headwinds, most recently due to the pandemic and a corresponding reduction in revenues; and
WHEREAS, the City’s long-term financial projections without a local source of funding are much more precarious and with the impacts of historical state takeaways of local funds, rising costs to maintain basic services, and the expiration of this local funding, the City is starting to plan for this significant loss of revenue for all service areas in the near future; and
WHEREAS, without the stability of the existing locally controlled measure, the City will be forced to implement an across-the-board 10% cut to all City services, programs, and staff including 9-1-1 emergency response, fire and crime prevention, parks and public facility maintenance, and programs for youth and seniors; and WHEREAS, the City wishes to avoid deeper cuts to programs and services that community members rely upon without increasing taxes; and WHEREAS, extending the existing voter-approved measure would give El Cerrito local control over local funds for local needs with funding that cannot be taken by the state; and
WHEREAS, any local funding would continue to require citizens’ oversight, mandatory financial audits, and yearly reporting to the community to continue to ensure that all voter-approved funds are spent as promised; and WHEREAS, at its June 18, 2024, meeting, the City Council adopted a budget for Fiscal Years 2024-25 and 2025-26 that recognizes the need for stable revenues to maintain and prevent cuts to services; and
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WHEREAS, the City Council has concluded that all of the information presented indicates that, to obtain the revenue necessary to maintain and prevent cuts to service levels, the Council should call an election to ask the voters of the City to approve a local transactions and use tax (“sales tax”) that would extend until ended by voters, the revenue from which could be used to support general municipal services; and WHEREAS, the tax to be submitted to the voters, if approved, would be imposed on the sale of tangible personal property and the storage, use, or other consumption of such property; the tax rate would be one percent (1.0%) of the sales price of the property; the tax revenue would be collected by the California Department of Tax and Fee Administration and remitted to the City; the tax would be in effect until ended by voters, and the tax shall be approved if the measure receives at least a simple majority vote of affirmative votes; and
WHEREAS, the City Council desires to hold an election for the purposes of submitting a revenue renewal measure to the voters Maintaining El Cerrito Safety and Local Services; and
WHEREAS, the City Council has the authority to submit this measure to the voters of the City of El Cerrito pursuant to Section (§) 9222 of the California Elections Code and Revenue and Taxation Code §7251 and 7285.9; and WHEREAS, other elections may be held in whole or part of Contra Costa County on the same date, and it is to the advantage of the City to consolidate its municipal election pursuant to Elections Code Sections 10002 and 10400; and WHEREAS, California Elections Code Sections 10002 and 10400 provide that a City Council may request that the Contra Costa County (‘County”) Board of Supervisors consolidate a general municipal election with the statewide general election; and WHEREAS, California Elections Code Section 10242 provides that the City Council shall determine the hours of opening and closing the polls; and WHEREAS, California Elections Code Section 10002 requires the City to reimburse the County in full for the services performed upon presentation of a bill to the City by the County Elections Official; and
WHEREAS, California Elections Code Section 12111 requires publication of notice of measure once in a newspaper of general circulation in the City; and WHEREAS, the City’s boundaries have not changed since the last municipal election.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito as follows:
Section 1. Declaration of Findings. The foregoing recitals are true and correct and incorporated by reference.
Agenda Packet Page 241 of 330
Section 2. Election Called. Pursuant to the requirements of the laws of the State of California, there is called and ordered to be held in the City of El Cerrito, California, on Tuesday, November 5, 2024, a municipal election for the purpose of submitting to the voters a revenue renewal measure maintaining El Cerrito safety and local services.
Section 3. Ballot Question. The following question shall be submitted to the voters of the City of El Cerrito at a general municipal election to be held on November 5, 2024:
CITY OF EL CERRITO
YES
To continue to maintain and prevent cuts to City
services, without increasing taxes, such as:
• fire prevention/emergency response times;
• neighborhood police patrols;
• wildfire prevention;
• crime prevention/ investigation;
• after-school programs;
• library hours;
• senior services;
• open space, parks/ playfields; and
• for general government use,
shall El Cerrito’s measure extending the existing
voter approved 1¢ sales tax, until ended by
voters be adopted, providing approximately
$4,000,000 annually, with citizens' oversight,
annual audits, all funds staying local, none to
Sacramento?
NO
Section 4. Approval of Ordinance. By an affirmative vote of at least two-thirds of its full membership, the City Council hereby approves the proposed ordinance to be submitted to the voters, attached hereto as Exhibit A. The full text of the ordinance shall be completely printed in the voter pamphlet. The measure shall not take effect unless and until it is approved by a vote of at least a simple majority of the voters voting on the question at the election. If approved by voters, the ordinance amends and restates El Cerrito Municipal Code Chapter 4.62 to reauthorize the existing tax until ended by voters.
Section 5. Ballot Format. The ballots to be used at the election shall be in the same form and content as required by law.
Section 6. Impartial Analysis. The City Attorney is hereby directed to prepare an impartial analysis of the measure pursuant to Elections Code Section 9280 which shall be filed no later than August 16, 2024 at 4:00 p.m.
Section 7. Ballot Arguments. The City Council hereby authorizes the Mayor to submit a ballot argument in favor of the measure, pursuant to Elections Code Section Agenda Packet Page 242 of 330
9282. The last day for filing of primary arguments is 4:00 p.m. on August 21, 2024. At the Mayor’s discretion, the argument may also be signed by members of the City Council or representatives of bona fide associations or by individual voters who are eligible to vote on the measure. In the event that an argument is filed against the measure, the Mayor is also authorized to submit a rebuttal argument on behalf of the City Council, which may also be signed by members of the City Council or representatives of bona fide associations or by individual voters who are eligible to vote on the measure, which may be different from those who signed the primary argument.
If more than one argument is submitted on the measure, the City Clerk shall select the argument and shall give preference to arguments pursuant to California Elections Code Section 9287.
Section 8. Provisions for Rebuttal Arguments. The provisions of Elections Code Section 9285 shall apply to this election. The last day for filing of rebuttal arguments is 4:00 p.m. on August 26, 2024.
Section 9. Consolidation of Elections. Pursuant to Elections Code Sections 10002 and 10400 et seq., the City Council of the City of El Cerrito hereby requests that the Contra Costa County Board of Supervisors consent and agree to the consolidation of the municipal election with any other elections within Contra Costa County to be held on November 5, 2024 and provide all services necessary to conduct the election and print a ballot question as described in Section 3 of this resolution. The county election department is authorized to canvass the returns of the municipal election in accordance with California Election Code Sections 15300 et seq. Within the City of El Cerrito, the election precincts, election officers, hours of voting, polling places and voting booths shall in every case be the same as those selected and designated by the Contra Costa County Registrar of Voters; provided that no person not a qualified elector of the City of El Cerrito shall be permitted to vote for the measure placed on the ballot by the City Council. The City Council recognizes that the County will incur additional costs in conducting the election called by this resolution, agrees to reimburse the County for those costs, and authorizes and directs the City Manager or their designee to expend the funds necessary to pay for the costs of conducting the election.
Section 10. Hours of Polling. The polls for the election shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed except as provided in Elections Code Section 14401.
Section 11. Other Procedures. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
The City Council acknowledges that the consolidated election will be conducted in the manner prescribed in Elections Code Section 10418.
Section 12. Notice. The City Clerk is authorized and directed to give notice of the election and notice of measure as required by law. The City Clerk shall file a copy of this resolution with the County Elections Official and the Clerk of the Board of Supervisors forthwith.
Agenda Packet Page 243 of 330
Section 13. Compliance with the California Environmental Quality Act.
Approval of this resolution is exempt from review under the California Environmental Quality Act (Public Resources Code § 21000 et seq. (“CEQA”) and 14 Cal. Code Reg. § 15000 et seq. (“CEQA Guidelines”)). The tax to be submitted to the voters by this resolution is a special tax that may only be used for specified governmental purpose(s).
As such, under CEQA Guidelines section 15378(b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue from the tax were used for a purpose that would have such effect, the City would undertake the required CEQA review for that particular project at the earliest feasible time prior to approval of the project, consistent with CEQA Guidelines Sections 15004 and 15352. Therefore, pursuant to CEQA Guidelines section 15060, CEQA analysis is not required.
BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon passage and adoption.
I CERTIFY that at the regular meeting on July 16, 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 244 of 330
ORDINANCE NO. 2024-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CERRITO AMENDING AND RESTATING CHAPTER 4.62 OF THE EL CERRITO MUNICIPAL CODE TO
REAUTHORIZE AN EXISTING TRANSACTIONS AND USE TAX TO BE
ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE
ADMINISTRATION
WHEREAS, the City’s one-cent Transactions and Use Tax, approved by El Cerrito voters in 2014, is set to expire in 2027; and
WHEREAS, the existing measure provides approximately 8% of the City’s General Fund revenue and supports a wide array of critical City services, including fire protection and public safety, rapid emergency response times, after-school programs for children and teens, and maintenance of City parks, paths and playfields; and WHEREAS, since the measure was approved by El Cerrito voters in 2014, the City has continued to face financial headwinds, most recently due to the pandemic and a corresponding reduction in revenues; and
WHEREAS, the City’s long-term financial projections without a local source of funding are much more precarious and with the impacts of historical state takeaways of local funds, rising costs to maintain basic services, and the expiration of this local funding, the City is starting to plan for this significant loss of revenue for all service areas in the near future; and
WHEREAS, without the stability of the existing locally controlled measure, the City will be forced to implement an across-the-board 10% cut to all City services, programs, and staff including 9-1-1 emergency response, fire and crime prevention, parks and public facility maintenance, and programs for youth and seniors; and WHEREAS, the City wishes to avoid deeper cuts to programs and services that community members rely upon without increasing taxes; and WHEREAS, extending the existing voter-approved measure would give El Cerrito local control over local funds for local needs with funding that cannot be taken by the state; and
WHEREAS, any local funding would continue to require citizens’ oversight, mandatory financial audits, and yearly reporting to the community to continue to ensure that all voter-approved funds are spent as promised; and WHEREAS, at its June 18, 2024, meeting, the City Council adopted a budget for Fiscal Years 2024-25 and 2025-26 that recognizes the need for stable revenues to maintain and prevent cuts to services; and
Agenda Packet Page 245 of 330
WHEREAS, the City Council has concluded that all of the information presented indicates that, to obtain the revenue necessary to maintain and prevent cuts to service levels, the Council should call an election to ask the voters of the City to approve a local transactions and use tax (“sales tax”) that would extend until ended by voters, the revenue from which could be used to support general municipal services; and WHEREAS, the tax to be submitted to the voters, if approved, would be imposed on the sale of tangible personal property and the storage, use, or other consumption of such property; the tax rate would be one percent (1.0%) of the sales price of the property; the tax revenue would be collected by the California Department of Tax and Fee Administration and remitted to the City; the tax would be in effect until ended by voters, and the tax shall be approved if the measure receives at least a simple majority vote of affirmative votes; and
WHEREAS, Measure R was codified as Chapter 4.62 of the El Cerrito Municipal Code. This ordinance amends and restates Chapter 4.62 to reauthorize the existing tax until ended by voters.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CERRITO DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Incorporation of Recitals. The City Council finds that the above Recitals are true and correct and are incorporated herein by reference.
Section 2. Amendment of Municipal Code. Chapter 4.62 of the El Cerrito Municipal Code is hereby amended and restated as set forth in Exhibit A to reauthorize the existing transactions and use tax approved by El Cerrito voters in 2014.
Section 3. Authority for Reauthorization of Transactions and Use Tax. This ordinance reauthorizes an existing 1.0% transactions and use tax approved by El Cerrito voters in 2014. The City is empowered to reauthorize the existing 1.0% transactions and use tax pursuant to Revenue and Taxation Code sections 7251.1, 7285.9, 7293, and 7294.
Section 4. Approval by the Voters; Effect of Voters Not Approving Ordinance.
Pursuant to California Elections Code section 9217, this ordinance shall take effect only if approved by a majority of the eligible voters of the City of El Cerrito voting on the question of reauthorization of the existing transactions and use tax at the General Municipal Election of November 5, 2024. In the event that El Cerrito voters do not approve this ordinance at the General Municipal Election on November 5, 2024, the City’s authority to levy the existing 1.0% transactions and use tax shall be unaffected for the remainder of the term of the existing tax.
Agenda Packet Page 246 of 330
Section 5. Compliance with the California Environmental Quality Act. Approval of this ordinance is exempt from review under the California Environmental Quality Act (Public Resources Code §§ 21000 et seq. (“CEQA”) and 14 Cal. Code Reg. §§ 15000 et seq. (“CEQA Guidelines”)). The tax authorized by this ordinance is a general tax that can be used for any legitimate governmental purpose; it is not a commitment to any particular action. As such, under CEQA Guidelines section 15378(b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue from the tax were used for a purpose that would have such effect, the City would undertake the required CEQA review for that particular project at the earliest feasible time prior to approval of the project, consistent with CEQA Guidelines Sections 15004 and 15352. Therefore, pursuant to CEQA Guidelines section 15060, CEQA analysis is not required.
Section 6. Severability. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have passed the ordinance codified in this chapter, and each section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this chapter would be subsequently declared invalid or unconstitutional.
Section 7. No Conflict with Federal or State Law. Nothing in this Ordinance is intended to create any requirement, power or duty that is in conflict with any federal or state law.
Section 8. Effective Date. This ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect immediately. Notwithstanding the foregoing, Chapter 4.62 of the Municipal Code shall not be amended until the operative date, as defined in Exhibit A.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council on July 16, 2024, and passed by the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
ADOPTED AND ORDERED published at a regular meeting of the City Council held on August 20, 2024 and passed by the following vote, subject to voter approval at the General Municipal Election to be held on November 5, 2024:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
Agenda Packet Page 247 of 330
APPROVED:
________________________
Tessa Rudnick, Mayor
ATTEST:
_____________________
Holly Charléty, City Clerk
ORDINANCE CERTIFICATION
I, Holly M. Charléty, City Clerk of the City of El Cerrito, do hereby certify that this Ordinance is the true and correct original Ordinance No. (2024-XX) of the City of El Cerrito; that said Ordinance was duly enacted and adopted by the City Council of the City of El Cerrito at a meeting of the City Council held on the August 20, 2024; and that said Ordinance has been published and/or posted in the manner required by law.
WITNESS my hand and the Official Seal of the City of El Cerrito, California, on .
_____________________________
Holly M. Charléty, City Clerk
Agenda Packet Page 248 of 330
EXHIBIT A
4.62.010 - Title.
This ordinance shall be known as the Maintaining El Cerrito Safety and Local Services Transactions and Use Tax Ordinance. The City of El Cerrito hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City.
4.62.020 - Operative Date.
"Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance, the date of such adoption being as set forth below.
4.62.030 - Purpose.
This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:
A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Sections 7285.9, 7293, and 7294 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.
B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.
4.62.040 - Contract with state.
Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.
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4.62.050 - Transactions tax rate.
For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 1.0% of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.
4.62.050 - Place of sale.
For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.
4.62.060 - Use tax rate.
An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 1.0% of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.
4.62.080 - Adoption of provisions of state law.
Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.
4.62.090 - Limitations on adoption of state law and collection of use taxes.
In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefore. However, the substitution shall not be made when:
1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California.
2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.
Agenda Packet Page 250 of 330
3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.
1. “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.
4.62.100 - Permit Not Required.
If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance.
4.62.110 - Exemptions and exclusions.
A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the gross receipts from:
Agenda Packet Page 251 of 330
1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.
2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.
3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.
4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.
Agenda Packet Page 252 of 330
2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.
4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.
7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.
D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.
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4.62.120 - Amendments.
All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.
4.62.130 - Enjoining collection forbidden.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part
1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
4.62.140 - Annual audit.
By no later than December 31st of each year, the City's independent auditors shall complete a report reviewing the collection, management, and expenditure of revenue from the tax levied by this chapter. The report shall be reviewed by the Financial Advisory Board as part of its review of the annual audit.
4.62.150 - Amendments by city council.
The following amendments to this chapter must be approved by the voters of the City:
increasing the tax rate or revising the methodology for calculating the tax such that a tax increase would result; imposing the tax on transactions and uses not previously subject to the tax (unless such amendment occurs automatically by operation of Section
4.62.120); or extending the tax. The City Council may otherwise amend this chapter without submitting the amendment to the voters for approval.
4.62.160 - Termination date.
The authority to levy the tax imposed by this ordinance shall continue until ended by City voters.
Agenda Packet Page 254 of 330
May 7, 2024
City of El Cerrito:
Highlights of a 2024 Service Priorities and No-Rate Increase Local Measure Renewal Feasibility Survey
Agenda Packet Page 255 of 330
May 7, 2024
Methodology Overview
Data Collection Landline (18), cell (119), text to online (269), and email to online (19) interviewing
Universe 15,817 Likely November 2024 Voters
Fielding Dates March 25 through April 1, 2024
Interview Length 22 minutes
Sample Size n=425
Margin of Error + 4.69%
The data have been weighted to reflect the actual population characteristics of likely voters in the City of El Cerrito in terms of their gender, age, and political party type. Agenda Packet Page 256 of 330
May 7, 2024
Key Findings
Agenda Packet Page 257 of 330
May 7, 2024
Satisfaction With Quality of Life
Very satisfied
38.0%
Somewhat
satisfied
50.6%
Somewhat
dissatisfied
7.9%
Very
dissatisfied
2.5% DK/NA
1.0%
3/24 Survey 10/23 Survey 5/23 Survey 5/19 Survey
11/24 Voters 3/24 Voters 3/24 Voters 3/20 Voters
Total Satisfied 88.6% 86.8% 86.9% 92.7%
Total Dissatisfied 10.4% 12.8% 12.9% 6.5%
Ratio Sat to Dissat 8.52 6.81 6.7 14.2
Agenda Packet Page 258 of 330
May 7, 2024
Uninformed Support for Hypothetical
No-Rate Increase Local Measure Renewal
To continue to maintain and prevent
cuts to City services, without
increasing taxes, such as:
• fire prevention/emergency response
times;
• neighborhood police patrols;
• wildfire prevention;
• crime prevention/ investigation;
• after-school programs;
• library hours;
• senior services;
• open space, parks/ playfields; and
• for general government use,
shall El Cerrito’s measure extending
the existing voter approved 1¢ sales
tax, until ended by voters be adopted,
providing approximately $4,000,000
annually, with citizens' oversight,
annual audits, all funds staying local,
none to Sacramento?
Probably
No
8.8%
DK/NA
7.9%
Definitely No
8.8%
Definitely Yes
41.5%
Probably Yes
33.0%
Total Support
74.5%
Agenda Packet Page 259 of 330
May 7, 2024
Support of Service Priorities Funded by Current
Measure
A variety of city services were tested to identify respondent priorities which included “Maintain fire protection and emergency medical services”, “Maintain rapid 9-1-1 emergency response times”, “Maintain city parks, paths and playfields”, “Maintain after-school programs for children and teens”, “Maintain library programs for children, adults and families”, “Maintain wildfire prevention programs”, “Maintain and improve open spaces”, “Maintain crime prevention and investigation resources”, and “Maintain library hours”.
Agenda Packet Page 260 of 330
May 7, 2024
Informational Statements
A variety of informational statements were tested including the fact that if the measure fails, the City will be facing an across the board 10 percent cut to City services, programs and staff; the measure will give El Cerrito local control over local funds for local needs. No funds can be taken by Sacramento; the measure will maintain rapid 9-1-1 response times for police and emergency services; the measure just extends the current rate and is not a tax increase; and the measure requires independent citizen oversight, to ensure that all funds are spent as promised.
Agenda Packet Page 261 of 330
May 7, 2024
Critical Statements
A variety of critical statements were also tested including the fact that a property tax increase for affordable housing will also be on the ballot, the sales tax in El Cerrito will continue to be 10 and a half percent, the measure will never end, the City just needs the money to solve the general fund shortfalls, and there is no guarantee that the funds will be spent as promised.
However, the critical statements did not reduce the overall support for the renewal of the measure.
Agenda Packet Page 262 of 330
May 7, 2024
Informed Support for Hypothetical
No-Rate Increase Local Measure Renewal
0% 20% 40% 60% 80% 100%
Initial Test
Final Test
41.5%
38.3%
33.0%
36.5%
8.8%
10.5%
8.8%
8.6%
7.9%
6.1%
Definitely Yes Probably Yes Probably No Definitely No DK/NA
74.8%
To continue to maintain and
prevent cuts to City services,
without increasing taxes, such as:
• fire prevention/emergency
response times;
• neighborhood police patrols;
• wildfire prevention;
• crime prevention/ investigation;
• after-school programs;
• library hours;
• senior services;
• open space, parks/ playfields;
and
• for general government use,
shall El Cerrito’s measure
extending the existing voter
approved 1¢ sales tax, until ended
by voters be adopted, providing
approximately $4,000,000 annually,
with citizens' oversight, annual
audits, all funds staying local,
none to Sacramento?
74.5%
Agenda Packet Page 263 of 330
May 7, 2024
www.godberesearch.com
California and Corporate Offices
1220 Howard Avenue, Suite 250
Burlingame, CA 94010
Nevada Office
59 Damonte Ranch Parkway, Suite B309
Reno, NV 89521
Agenda Packet Page 264 of 330
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
July 16, 2024
(Revised July 17, 2024)
REGULAR CITY COUNCIL MEETING (6:00 PM)
1. Public Comments (Not on the Agenda and Consent Calendar)
2. Agenda Item No. 9.B. - El Cerrito Climate Action & Adaptation Plan a. Presentation
b. Public Comments
3. Agenda Item No. 9.C. - Call and Request Services for a November 5, 2024 Election to Submit to Voters the Reauthorization of Measure R to Maintain El Cerrito Safety and Local Services
a. Presentation
b. Public Comments
Agenda Packet Page 265 of 330
From: Cordell Hindler
To: City Clerk
Subject: Public Comments
Date: Thursday, July 11, 2024 3:42:38 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 Meeting, the Council Should Invite Danny Wan or Designee to Present on the Port of Oakland
2. I AM in Full Support of 7.F on the Consent Calendar
Sincerely
Cordell
General Public Comments
Agenda Packet Page 266 of 330
From: jhammer
To: City Clerk
Subject: Public Comment, Non-Agenda, for Tuesday, July 16 City Council Meeting Date: Sunday, July 14, 2024 8:29:01 PM
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Mayor Rudnick and Honorable City Council members:
In January of this year, the City purchased the property at 10936 San Pablo Avenue, location of Life in Christ church for many years, for, I believe, the cost of $1.5 million. This was a smart decision as the property is abutted on its north and south sides by City property. I would like to suggest the property be used as a Senior Center.
The Life in Christ building is large — 5,698 square feet — on a lot size of 20,000 square feet. It’s listed as containing a well-equipped kitchen, a cafeteria, an auditorium with a capacity for 225 people, two classrooms, and an office. It also has a lovely, paved, and inviting courtyard.
I do not know the official plans for this property, if there are any presently. In answer to my questions about it, a council member told me that the fire department (which is directly south) or police department needs a shower for female officers. It was intimated that fire department or police department purposes were what the Life in Christ property might be used for. If this is true, I believe $1.5 million is a high price to pay for a shower, important though a shower may be.
El Cerrito is in desperate need of a centrally located Senior Center (emphasis on “Center”). Over twenty percent of residents here are 65 or older. If residents 55 and older are included, this percentage probably comes to a quarter of this community.
I understand that both the police and fire department buildings are quite old and probably inadequate, yet I also understand that El Cerrito has been lacking a Senior Center ever since the former one was demolished and the property it was on reverted back to WCCSD use.
For awhile, bungalows on the City-owned parking area directly to the north of the Life in Christ property served as a replacement to house programs and facilities for seniors in an attempt to compensate for the loss of the designated Senior Center behind the library. However, these bungalows have since been removed, save one which is used as a temporary location for the Kensington Police Department. The Kensington Police Department uses the lot — formerly with bungalows for senior use — for parking their vehicles.
The many seniors I have spoken with greatly miss El Cerrito’s former Senior Center and its centralized, “open door” services. I and others value this city’s continuous striving toward a sense of community, and the former Senior Center was an important public amenity that contributed toward this goal.
I realize that El Cerrito has many classes and programs for seniors through the Recreation Department (ably administered by Mark DeLeon) and that there are supplemental senior amenities at St. John’s Community Center and Christ Lutheran Church, but these are all limited to specific and limited days with set times. There is no one location to replace the former Senior Center — no place for senior residents to informally gather, make a cup of tea, use computers, socialize, take classes, share interests and engage with others, hear speakers, obtain information about services available to them, have fun. All offerings are currently scattered in both location and time.
The Life in Christ property and buildings would be a very good location for a replacement Senior Center — on San Pablo (for access by AC Transit), in the relative center (north-south) of the City, with ample room and amenities. I am not an architect or contractor, but it seems that, with only minimal modification, this location is an excellent candidate for a fully functioning Senior Center.
Please very seriously consider the building at 10936 San Pablo Avenue for this much-needed use.
Thank you very much.
Jenny Hammer
(for self and others)
Agenda Packet Page 267 of 330
From: Sherry Drobner
To: Tessa Rudnick; Lisa Motoyama; Carolyn Wysinger; Gabe Quinto; Paul Fadelli; City Clerk; Karen Pinkos Subject: Public Comment: Item not on the agenda
Date: Monday, July 15, 2024 12:37:51 PM
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Dear Mayor Rudnick and City Council member,
As a longtime resident, familiar with the city's attempt to address social justice in our community, . I am writing to express my concerns regarding the City Council’s relationship with the Anti-Defamation League (ADL), especially in light of recent reports about the organization's activities.
An article published by The Guardian on July 8, 2024, revealed troubling information about the ADL's involvement in surveillance activities. According to the report, the ADL has been engaged in practices that raise significant privacy and ethical concerns, which I believe are inconsistent with the values and principles our community upholds.
Given this information, I respectfully request that the City Council take the following actions:
1. Re-evaluate the current relationship with the ADL, taking into account the recent revelations about their surveillance activities.
2. Consider alternative organizations that better align with our community’s commitment to privacy, transparency, and ethical conduct.
I have attached a copy of the article from The Guardian for your reference. I believe that a thorough examination of this partnership is necessary to ensure that our community's values are upheld.
I would be grateful for the opportunity to discuss this matter further and am available to meet at your earliest convenience. Thank you for your attention to this important issue.
Sincerely,
Sherry Drobner
El Cerrito resident
Attachments:
The Guardian article titled "Anti-Defamation League's Surveillance Activities Revealed" (July 8, 2024)
https://www.theguardian.com/us-news/article/2024/jul/08/anti-defamation-league-surveillance --
I live and work on unceded Lisjan Ohlone land in the territory of Huchiun. As a non-Native person I pay Shuumi, a voluntary land tax that supports Lisjan Ohlone sovereignty. Learn more here.
Agenda Packet Page 268 of 330
From: Sherry Drobner
To: City Clerk
Cc: Tessa Rudnick; Carolyn Wysinger; Lisa Motoyama; Paul Fadelli Subject: Public Comment: not on the agenda
Date: Tuesday, July 16, 2024 4:54:11 PM
Attachments: Screenshot 2024-07-16 at 4.40.34 PM.png
Screenshot 2024-07-14 at 9.38.14 AM.png
Screenshot 2024-07-14 at 9.37.32 AM.png
Screenshot 2024-07-14 at 9.36.58 AM.png
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Dear City Council Members,
I couldn't make it to Council this evening but I noted the many letters opposing the "forever tax" for the renewal of your tax measure. I am reminded that although most of you do not think that the extermination of civilians in Gaza has much to do with our city, I want to give you a gentle reminder.
These federal tax dollars might have been used elsewhere, for example, state grants to local governments for services? But instead, you have all chosen to abdicate your voice and ask voters to approve a tax with no date of expiration. Interesting. Just in case you haven't heard:
Agenda Packet Page 269 of 330
Agenda Packet Page 270 of 330
Agenda Packet Page 271 of 330
Thank you for your commitment to social justice.
Sherry Drobner
Resident
--
I live and work on unceded Lisjan Ohlone land in the territory of Huchiun. As a non-Native person I pay Shuumi, a voluntary land tax that supports Lisjan Ohlone sovereignty. Learn more here.
Agenda Packet Page 272 of 330
El Cerrito Climate Action &
Adaptation Plan
City Council | July 16, 2024
Agenda Item No. 9.B.
Agenda Packet Page 273 of 330
A Strong Foundation • El Cerrito has been working to
address climate change for nearly
two decades • 7 resolutions approved since 2006 • Declared Climate Emergency in 2019 • Adoption of initial Climate Action
Plan (2013), San Pablo Avenue
Specific Plan (2014), Urban
Greening Plan (2015), Active
Transportation Plan (2016), Green
Infrastructure Plan (2019), etc.
2 Agenda Packet Page 274 of 330
Key Accomplishments • Shifting community to MCE Clean
Energy and Enrolling all City
Accounts in “Deep Green”
• Installing solar at 4 City Facilities • Expanding Open Spaces (e.g., Madera Property acquisition)
• Adopting Public Tree & Shrub
Ordinance and Becoming a Tree
City USA
• Installing EV Charging Stations at
City Hall and the Recycling Center
• Supporting TOD and completing
small and large bike/ped projects
3 Agenda Packet Page 275 of 330
Recent “Early Wins” • Upgraded and expanded EV
Charging Stations at City Hall
• Shifted to renewable diesel for all
diesel vehicles in the City’s fleet
• Transitioned from gas to electric
water heaters at 9 City facilities
• Received a $200k grant to plan for
electrifying the City’s entire fleet
• Updated the City’s Franchise
Agreement and municipal code to
fully implement SB 1383 and
transitioned to color-compliant solid
waste containers
• Started work on the El Cerrito del
Norte Complete Streets project
4 Agenda Packet Page 276 of 330
Substantial Progress Since 2005
Reduction in per capita emissions communitywide
5 23%
Reduction in overall emissions communitywide 11%
Reduction in municipal emissions 30%
Note: El Cerrito’s population increased 12%
Agenda Packet Page 277 of 330
Need for Additional Action
6 Agenda Packet Page 278 of 330
Developing the CAAP • In 2019, the City Council
declared a climate emergency
endorsing emergency
mobilization efforts to restore a
safe and stable climate
• Resolved for the City to strive
for zero GHG emissions
citywide as quickly as possible
within the forthcoming Climate
Action Plan update
7 Agenda Packet Page 279 of 330
How It Came Together
8 CAAP
Community
Engagement
Greenhouse
Gas Analyses
Climate
Vulnerability
Assessment
Strategy &
Action
Development
Agenda Packet Page 280 of 330
Community Engagement
9 Agenda Packet Page 281 of 330
Community Engagement
10 Gather ideas,
priorities, and
concerns
Set targets, vet
strategies and
climate actions
Draft Climate
Action &
Adaptation Plan
Collect
feedback on
the draft CAAP
Plan for
implementation
& inspire action
SPRING 2023 SUMMER 2024
Agenda Packet Page 282 of 330
CAAP Public Review
11 Agenda Packet Page 283 of 330
Community GHG Inventory
12 2021 Community Emissions by Sector
Transportation, 51%
Energy, 34%
Refrigerants, 11%
Solid Waste, 4%
Wastewater, 4%
Total Emissions: ~132,000 MTCO2e
Agenda Packet Page 284 of 330
Municipal Operations GHG Inventory
13 2021 Municipal Emissions by Sector
Energy, 27%
Transportation, 35%
Solid Waste, 9%
Refrigerants, 4%
Employee Commute, 22%
Business Travel, 2%
Total Emissions: ~1,500 MTCO2e
Agenda Packet Page 285 of 330
Consumption-Based GHG Inventory
14 Air Travel
Gasoline
Meats,
Poultry,
Fish, &
Eggs
Furnishings &
Appliances
Healthcare
Total Emissions:
~476,000 MTCO2e
Agenda Packet Page 286 of 330
Greenhouse Gas Analyses
15 Agenda Packet Page 287 of 330
Target Setting
16 • Aligning with the State and
City Council direction, this
Plan aims for:
• Carbon Neutrality by 2045
• 40% by 2030
• 75% by 2040
Agenda Packet Page 288 of 330
17 Agenda Packet Page 289 of 330
Climate Vulnerability Assessment
18 Infrastructure Energy Natural Systems & Water Community Health, Wellbeing, and Public Safety
Agenda Packet Page 290 of 330
Focus Areas
19 Agenda Packet Page 291 of 330
Equity and Climate Change
• Locally and globally, certain
communities are more
vulnerable to the impacts of
climate change and have fewer
resources to protect themselves
• The CAAP aims to distribute the
benefits of climate action and
adaptation equitably, both in
planning and implementation
20 Agenda Packet Page 292 of 330
Public Comments
• Over 400 comments received
• Most comments were suggestions for additional strategies or minor modifications to the Plan
• Based on feedback received, the City added:
• parameters around potential use of carbon offsets in the future • additional language on reporting and monitoring the Plan’s effectiveness • information about why the City uses a 2005 baseline for our GHG inventories and targets
• smaller changes to incorporate feedback throughout the text 21 Agenda Packet Page 293 of 330
Building Electrification
• In 2023, Staff drafted an ordinance to prohibit natural gas in new construction
• Ninth Circuit Court of Appeals’ decision held that federal law precludes cities from adopting such a prohibition
• Meanwhile, electrification is already in place or forthcoming:
• Locally – El Cerrito San Pablo Avenue Specific Plan
• Regionally – Air District requiring water heaters and furnaces to be zero-emission
• Statewide – Air Board banning sale of gas furnaces and water heaters & new proposed energy efficiency standards in 2026 to strongly incentivize electric appliances in new homes
22 Agenda Packet Page 294 of 330
EQC Recommendations
• At their March 12, 2024 meeting the Environmental Quality Committee passed a motion recommending City Council adopt the draft Climate Action and Adaptation Plan, with modifications based on feedback heard in the public outreach process
• May 21, 2024 Recommendation to Council:
• Fund climate action including “early wins” in Biennial Budget, with specific endorsement of prioritizing:
• A building electrification ordinance
• Modification to the Real Property Transfer Tax rebate program • Adoption of a new Environmentally Preferred Purchasing Policy • Investing in equipment to support tree planting
• EV Charging Stations
• Incorporating climate action into the work of all staff citywide 23 Agenda Packet Page 295 of 330
What’s Next?
• Adopt the Plan
• Form an Interdepartmental Task Force
• Engage the Community (e.g., new Cleaner Contra Costa
Challenge partnership)
• Complete Fleet Electrification Transition Plan with MTC • Finalize Implementation Matrix and Implement "Phase 1" • Pursue Funding (e.g., Inflation Reduction Act)
• Report back to Council and the EQC
24 Agenda Packet Page 296 of 330
Conclusion • This CAAP sets forth an
ambitious Plan to
achieve carbon
neutrality by 2045 and
adapt our community to
a changing climate
• To achieve our goals,
we’ll need to support
residents, businesses,
employees, and all
community members to
take action!
25 Agenda Packet Page 297 of 330
Thank you!
26 Agenda Packet Page 298 of 330
From: Denice A Dennis
To: Tessa Rudnick; Paul Fadelli; Carolyn Wysinger; Gabe Quinto; [email protected] Cc: City Clerk
Subject: Comments on 7/16 Agenda Item 9B Climate Action Plan Date: Tuesday, July 16, 2024 1:50:19 PM
Attachments: EQC_5_14_24_minutes_CAAP_reccomendation.pdf Caution! This message was sent from outside your organization.
Dear Mayor Rudnick and City Council members,
I am writing to support the May 2024 EQC Recommendation to City Council on Climate Action “Early Wins” and CAAP Integration into Budget, which is was sent to the Council in May and is included as an attachment to the Minutes from the May EQC Meeting below.
These recommendations include the following:
“The Environmental Quality Committee (EQC) has the following recommendation that we encourage you to take into consideration during your current 2-year budget setting process. • The 2019 Climate Emergency Declaration, and the subsequent Council direction to bring climate action “early wins” prior to CAAP adoption, should be met with substantive, stated and funded, climate action in the current 2-year budget.
• Also, the new budget should include funding for near term elements in the draft CAAP, as it is expected to be adopted at the beginning of that 2-year period. • The identified “early wins” in the draft CAAP should be implemented and strengthened, in a timely manner, to be consistent with the intention of the Climate Emergency Declaration and the “early wins” idea, that has largely been postponed by the complications preventing further action on the intended all-electric building ordinance.
Please consider some of the following for explicit inclusion and funding in the next 2-year budget:
• A prompt alternative to the intended all-electric building ordinance that delivers a very strong incentive to build all-electric buildings without raising concerns of legal challenges. • Modification of the Real Property Transfer Tax rebate program to exclude using the rebate for funding the installation of gas appliances.
• Adoption of a revised Environmentally Preferred Purchasing Policy, perhaps renaming it the Environmentally Preferred and Climate Action Purchasing Policy, that emphasizes forward looking purchases that make meaningful contributions to climate action • Support the draft “early wins” by funding a watering trailer (“water buffalo”) to enable proper maintenance of newly planted street trees.
• Support the other draft “early win” by funding public, and city fleet and employee, EV charging at the Community Center and other feasible City locations. • Make an explicit statement that climate action is expected to be implemented as standard practice in all job descriptions and employee evaluations.
Thank you for prioritizing the most important issue of our times—for our children’s and our grandchildren’s health and safety.
Denice A Dennis, MPH
1000 Grandmothers for Future Generation and
Agenda Item No. 9.B.
Agenda Packet Page 299 of 330
July 16, 2024
City Council
City of El Cerrito
10890 San Pablo Avenue
El Cerrito, CA 94530
RE: Climate Action and Adaptation Plan Adoption, agenda item 9B Dear Mayor Rudnick and Councilmembers,
Thank you to Council and Staff for prioritizing the Climate Action and Adaptation Plan and all the work that went into getting it to this point of adoption, including the public process and the integration of a lot of public comment.
I urge you to adopt this plan and maintain a consistent and urgent focus on implementation of the CAAP going forward. Reaching carbon neutrality by 2045, in roughly 20 years, is critically important, but it is not going to be easy. We can not afford to relax our attention to this goal just because we have adopted a plan. We need aggressive attention to implementation and tracking of the plan, if we are going to succeed. Council will play an important part in maintaining this attention and assuring that adequate resources are directed to these goals.
I appreciate that there are maximum 5 year intervals for implementation reports and 10 years for GHG inventories, but climate updates should be voluntarily offered by staff more frequently and, if not, Council should be requesting this information on a regular basis as part of the normal course of business. In approving this plan Council should include a message to staff that climate action is an expected element of everyone’s job and that it will be discussed as part of job performance reviews.
There were many positive climate actions taken over the past 10 years under the first Climate Action Plan; however, it will take much more work and attention to meet the new CAAP goals.
Part of the adoption of this plan must be a clear recognition that the status quo, and even our prevailing levels of change and innovation, which have been good, are not sufficient to get us where we need to be. There must be a consistent call for significant changes and improvement to meet these ambitious, but essential, goals.
One area that needs particular attention is transportation carbon emissions. It is still more than 50% of the total inventory, and even more alarmingly, it is growing, not falling. We have done well to reduce building energy GHG emissions, over the past 10 years, mostly through the shift to clean renewable electric power from MCE; however transportation GHG emissions have risen because vehicle miles traveled have grown much more than the emission reduction from alternatively fueled vehicles have been able to compensate. This is an important point to focus attention for climate action. For all that was promised about mode shift associated with transit oriented development reducing reliance on cars, vehicle miles traveled (VMT) is significantly up, Agenda Packet Page 300 of 330
much more than can be explained with population increase, and we really have to get VMT down, if we are going to reduce transportation GHG emissions and make the city safer and more attractive to other modes of transportation.
We should not delay addressing embodied carbon in building materials (currently identified for phase 3). Everything we build today, whether it is new housing, businesses or active transportation streetscapes, promise to reduce future emission, if they are designed toward that end, but they will be undermined in their ability to deliver on that promise if they have to first work off unnecessarily high embodied emissions that were used to get them in place. Similarly, we can not afford to squander any opportunities in our current work to avoid future costly conversions, so all our work today, and along the way, must maintain a forward looking focus, with close attention to climate action and avoid postponing action to the future, when it will be more expensive and likely too late.
Thank you for your time and consideration,
Howdy Goudey
El Cerrito
Agenda Packet Page 301 of 330
Re a utho riz a tio n
Me a s ure to Ma inta in
El Ce rrito S a fe ty a nd
Lo c a l S e rvic e s
July 16, 2024
A genda Item No. 9.C .
Agenda Packet Page 302 of 330
Me as ure R
Lo c a l Ta x Do lla rs Exp iring S o o n
• Approved by voters in 2014
• 1.0% Transactions and Use Tax
(Sales Tax)
• Provides a guaranteed source of
local funds to address local needs
• Funding is set to expire in 2027
Agenda Packet Page 303 of 330
• Generates 8.7% of General Fund Revenue
• Funds support critical City services, including:
• Fire protection and public safety
• Rapid emergency response times
• After -school programs for children and teens
• Maintenance of City parks, paths, and
playfields
• And, much more!
Bud g e t Im p o rta nc e
Agenda Packet Page 304 of 330
Re lia b le Fund ing
MAINTAIN
C RITIC AL S ERVIC ES
Measure R dollars have
a llo we d the c ity to
m a inta in c ritic a l
s e rvic e s in o ur
c o m m unity.
RELIABLE FUNDING
EXP IRING
This fund ing , tha t a llo ws
the City to m a inta in a
b a s e line le ve l o f c ritic a l
s e rvic e s , is s e t to e xp ire
s o o n.
P RO TEC TING FRO M
THE W ORS T OF CUTS
Me a s ure R fund s ha ve
pre ve nte d the ne e d for
more s e ve re c uts as a
re s ult o f the p a nd e m ic
a nd fina nc ia l c ha lle ng e s
a t the Sta te le ve l a nd
will p ro te c t a g a ins t
m o re s e ve re c uts in the
future .
Agenda Packet Page 305 of 330
Ge ne ral Fund Fore c as t
Total Fund Balance Forecast Without Measure R (mil.)
For more info, visit: https://el -c e rrito .o rg / Bud g e tPro c e s s Agenda Packet Page 306 of 330
City Mus t P la n fo r
10 % Ge n e ra l Fu n d
Cu ts if th e Me a s u re
is n o t Re a u th o riz e d
Agenda Packet Page 307 of 330
All City S e rvic e s
a t Ris k
While Measure R funding has
a llo we d El Ce rrito to m itig a te the
wors t of the re c e nt budge t
c ha lle ng e s , a d jus tm e nts will b e
ne c e s s a ry.
The e xp ira tio n o f Me a s ure R
wo uld re q uire m uc h d e e p e r a nd
m o re s e ve re im p a c ts to s e rvic e
d e live ry.
Fo r mo re info , vis it: http s :/ / e l-c e rrito .o rg / Bud g e tPro c e s s General Fund Expenditures by Type FY 2024-25 Adopted Budget Agenda Packet Page 308 of 330
Initia l Outre a c h: Co m m unity P rio ritie s
MAINTAIN
FIRE
P RO TEC TIO N
AND
EMERGENCY
MEDIC AL
S ERVIC ES
MAINTAIN
C ITY P ARKS ,
P ATHS AND
P LAYFIELDS
MAINTAIN
RAP ID 9 - 1- 1
EMERGENCY
RES PONS E
TIMES
MAINTAIN
AFTERS C HO O L
P ROGRAMS
FO R C HILDREN
AND TEENS
MAINTAIN
LIBRARY
P ROGRAMS
FOR
C HILDREN,
ADULTS AND
FAMILIES
The City recently conducted an updated community survey.
Prio ritie s id e ntifie d inc lud e :
MAINTAIN
C RIME
P REVENTIO N
AND
INVES TIG ATIO N
RES OURCES
MAINTAIN
W ILDFIRE
P REVENTIO N
P ROGRAMS
MAINTAIN AND
IMP RO VE
OP EN S P ACES
Agenda Packet Page 309 of 330
Jo in the Co nve rs a tio n
Agenda Packet Page 310 of 330
Strong Support for
Me as ure
In the statistically valid survey
c o m p le te d b y Go d b e Re s e a rc h 74.8%
of respondents were in support of a
hypothetical no -rate increase measure
renewal, after hearing informational
and critical statements.
Notably, the proposed measure
received high levels of support with
one of the highlighted features being
that it would remain in effect until
ended by voters. But, support declines
by nearly 10% with an 18 -year sunset.
Until Ended by Voters 74.8% support
Ended at 12 years 69% support
Ended at 18 years 65% support
Ma rg in o f e rro r = + 4 .6 9 %
Agenda Packet Page 311 of 330
Ma inta ining El Ce rrito S a fe ty
a nd Lo c a l S e rvic e s Me a s ure
Key Details:
• The Transactions and Use Tax Measure
would be extended, providing local
funding at the one -cent sales tax rate until
ended by voters, with no tax increase
• All funds generated by the measure would
be used to maintain and prevent cuts to
City services without increasing taxes
• Independent audits of revenues generated
would be required
• The Measure would include continued
citizen’s oversight
• All revenues would be kept local
Agenda Packet Page 312 of 330
S ta ff Re c o m m e nd a tio n:
Call and Request Services for
a No ve mb e r 5 , 2 0 2 4 Ele c tio n
to Sub mit to Vo te rs
Re a utho riza tio n o f Me a s ure R
to Maintain El Cerrito Safety
and Local Services
Agenda Packet Page 313 of 330
Que s tio ns ?
Agenda Packet Page 314 of 330
From: Elizabeth Bashor
To: City Clerk
Subject: Public Comment for July 16, 2024 City Council Agenda Item 9C Date: Friday, July 12, 2024 8:48:46 AM
Caution! This message was sent from outside your organization.
Dear Members of the City Council,
Please do not make the extension of the Measure R sales tax a forever tax. I understand you will vote on this at your meeting on July 16, 2024.
If you favor making it easy for people to participate in democracy, it is good public policy to place an expiration date on taxes. This gives all residents an opportunity to vote yes if they are satisfied with how money is being spent and no if they are not. This is especially important for a measure that puts money in the general fund like Measure R as opposed to a very specific tax that can only be spent on certain items such as repair and maintenance of city streets.
To say that voters can repeal a tax if they don't like it is absurd since this places a tremendous burden on citizens to figure out the process and collect a large number of signatures.
Most people don't have time to keep close track of city spending. That's why it is wise if you truly favor community engagement to enact taxes that expire within a reasonable amount of time. If the council votes on July 16 to place a "forever" sales tax extension on the ballot, I hope they will state their reasoning.
Sincerely,
Elizabeth Bashor
El Cerrito
Agenda Item No. 9.C.
Agenda Packet Page 315 of 330
From: cindy mekjian
To: City Clerk
Subject: Public comments- agenda item 9C
Date: Friday, July 12, 2024 11:17:30 AM
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Dear City Council Members,
I am writing to advocate that you do not make the extension of the Measure R sales tax one WITHOUT a concrete expiration date.
This should not be a forever tax that does not get checked by voters periodically. As it will be a tax that goes into the general fund, voters should have the opportunity to review how the money is spent and decide, through a renewal vote, if they continue to support an ongoing extension of the Measure R tax.
As most El Cerrito residents likely do not have the time to keep track of city spending, a renewal vote that encourages the City to share how these funds are used, in order to get ongoing community support is a necessary check on this tax. I am aware that there is language that voters can repeal the tax. We all know that is not a likely scenario, so this would essentially be an unchecked forever tax.
Please support the City's ongoing engagement with the community on how funds are spent, by supporting a renewal of the Measure R tax that includes a reasonable expiration date. This would allow voters to voice whether they continue to support this tax at appropriate intervals.
Thank you for your time and attention.
Sincerely,
Cindy Mekjian
. EC
Agenda Packet Page 316 of 330
From: Ira Sharenow
To: Holly Charléty; City Clerk
Cc: Tessa Rudnick; Lisa Motoyama; Paul Fadelli
Subject: Item 9C Forever Tax
Date: Sunday, July 14, 2024 11:06:55 AM
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I recommend that the FAB be disbanded. No FAB member spoke on the troubled budget. It does not appear that FAB even reviewed the $4 million forever tax proposal.
FAB has nothing to say on the most important budget items and is ignored when it does make recommendations ($1 million surplus). It serves no useful purpose. Save money disband FAB.
Ira Sharenow
El Cerrito, CA
Agenda Packet Page 317 of 330
From: Justin Chang
To: City Clerk
Subject: Public Comment - item #9C on the agenda: "No!" to extending Measure R with a "forever tax" Date: Friday, July 12, 2024 12:18:36 PM
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Dear city leaders,
I heard that the council will be proposing to extend Measure R with a forever tax. I am against more city taxes of any kind and especially against any taxes that does not have an expiration date. Please do not even propose this to us citizens.
Sincerely
Justin Chang
Agenda Packet Page 318 of 330
From: Louise ODea
To: City Clerk
Subject: Measure R
Date: Monday, July 15, 2024 6:44:27 PM
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Please always make sure there are end limits on any tax measure. Louise Odea, Terrace Drive, El Cerrito.
Agenda Packet Page 319 of 330
From: john odea
To: City Clerk
Subject: Public Comment Item 9C on July 16, 2024
Date: Monday, July 15, 2024 7:04:19 PM
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I am not in favor of special property taxes being extended without a expiration date. I think a reassessment of the need should be put on the ballot every 10 years to allow the voters to decide if it is still appropriate or not.
I believe it should be submitted to the voters of El Cerrito with a limit of 10 years.
John ODea
Agenda Packet Page 320 of 330
From: 2corgis
To: City Clerk
Subject: Public Comment #9C on the Agenda July 16, 2024 Date: Monday, July 15, 2024 9:04:26 PM
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Dear Council,
I am against placing Measure R on the ballot without a sunset. In essence it is a forever tax.
The only way it can be revoked is if voters launch a citywide campaign to remove it. Which won't happen - I'm reasonably sure you know this. Please modify Measure R and let the voters decide if they want to renew it for a specified time. And please NO scare tactics (threats of no police, no 911, no firefighters) this time around. - Melissa Holmes
EC resident
Sent from my T-Mobile 5G Device
Agenda Packet Page 321 of 330
From: Fred Bialy
To: City Clerk
Subject: Public Comments - Agenda Item #9C.
Date: Tuesday, July 16, 2024 12:59:44 PM
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Dear Mayor Rudnick, Mayor Pro Tem Wysinger and Council Members Fadelli, Motoyama and Quinto, I’m writing with a concern about the proposal to put an extension of the Measure R 1.0% sales tax on the ballot in November. My concern is that the proposal states that this sales tax extension would be in force "until ended by voters.”
I understand from the staff report on this item the following:
"Rather than setting a term expiration on the extension, residents as a whole indicated they value this funding source and the continuity it provides and wish to retain the ability of voters to end the measure in the future.” I only recently learned the specifics of the process necessary to end a tax measure “by voters.” It sounds complicated and I suspect would be a deterrent to taking this step in the future.
I do not remember the specifics of the outreach to El Cerrito voters about this issue. I suspect, though, that the details of how to end a tax measure were not spelled out. If they had been, I don’t think the respondents would have indicated support for wording that would essentially make this extension a “forever tax." At this time, I would support a measure to continue the 1.0% sales tax as a source of revenue for city services. But I would want the extension to have a specific time limit, say 10-12 years, and be reauthorized by voters in the future if this source of revenue is considered still necessary.
As the proposal is now written, I will vote NO in November. If rewritten with a specific expiration date, I would vote YES.
Sincerely,
Fred Bialy
El Cerrito Resident
Agenda Packet Page 322 of 330
From: Kimberly White
To: City Clerk
Cc: Holly Charléty
Subject: Public Comment for City Council Meeting on July 16, 2024 - Item 9C Date: Tuesday, July 16, 2024 1:57:34 PM
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Dear City Council Members,
I am writing to express my concern regarding the proposed measure to extend our city’s Measure R one percent sales tax “until voters end it.”
While I understand the importance of maintaining a steady revenue stream for our city’s general fund, I believe that extending Measure R indefinitely is not in the best interest of our community. A “until the voters end ” tax makes it extremely difficult for future voters to have a say in renewing or not renewing the tax. The current process to place a local initiative on the ballot to end such a tax is cumbersome and requires significant effort.
Given these challenges, I urge the City Council to reconsider the proposal and instead ask voters to extend Measure R until a fixed expiration date. This approach ensures that voters retain their existing right to review and decide on the tax every 12 years, as is currently the case.
Maintaining a fixed expiration date for Measure R allows for regular assessment and accountability, ensuring that the tax continues to meet the needs of our community without placing an undue burden on future voters.
Thank you for your consideration.
Best regards,
Kimberly White
El Cerrito
A Song in Your Heart Makes You Dance All Day
Agenda Packet Page 323 of 330
From: Kimberly White
To: City Clerk
Cc: Holly Charléty
Subject: Public Comment for City Council Meeting on July 16, 2024 - Item 9C Date: Tuesday, July 16, 2024 1:41:22 PM
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Dear City Clerk,
I hope this message finds you well.
I am writing to request that the following letter be included in the public comments for today’s City Council meeting regarding Item 9C:
Dear City Clerk
I hope this message finds you well.
I am writing to request detailed information regarding the upcoming tax initiative.
Specifically, I would like to understand the following:
1. The estimated annual revenue that this tax initiative is projected to generate for the city.
2.The current amount spent along with the anticipated costs associated with renewing this tax initiative, including any administrative or procedural expenses.
Additionally, I would appreciate any clarification on the process required for voters to end this tax initiative, given that it is proposed to be extended “until voters end it.” Understanding the steps and requirements involved in placing a local initiative on the ballot to terminate this tax is essential for our planning and community engagement.
Your assistance in providing this information will be greatly appreciated, as it is crucial for our understanding and decision-making process.
Thank you for your time and cooperation.
Best regards,
Kimberly White
El Cerrito Resident
Please include this letter in the public comments for today’s City Council meeting.
Thank you for your assistance.
Best regards,
Kimberly
Agenda Packet Page 324 of 330
From: Lisa Martinengo
To: City Clerk
Subject: public comment item 9C and more
Date: Tuesday, July 16, 2024 1:52:00 PM
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Hello Council members and staff reading the public commentary, If it is true that the Measure R 'extension' tax you want to propose has no sunset date, then I would ask you to reconsider and rewrite the proposed ballot measure.
Plus, why rush to put it on ballot in 2024, when it is not set to end until 2027, if I understand correctly? Please take some more time to listen to your constituents who will be subject to these tax payments. Take a bit of time to rewrite it with an end date.
If you insist on adding it to this year's ballot without any finite end or renegotiation date, I imagine you risk really alienating a large part of the residents you're supposed to be helping. best regards,
Lisa Martinengo
PS. Regarding the priority list on the big mailing about Budget Feedback, I was disappointed but not totally surprised to find no mention of bringing back a dedicated space for a Senior Center. The Comm Center programs and activities are not at all at the level they need to be to get back to what was offered at the Open House Center for many years.
--
Agenda Packet Page 325 of 330
From:
To: Tessa Rudnick; Paul Fadelli; Gabe Quinto; Carolyn Wysinger; Lisa Motoyama; City Clerk Subject: Public Comment - Agenda Item # 9 C. Request Services for a November 5, 2024 Election to Submit to Voters the Reauthorization of Measure R
Date: Tuesday, July 16, 2024 1:56:39 PM
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Dear Mayor Rudnick, Mayor Pro Tem Wysinger, and Council Members Motoyama, Fadelli and Quinto:
I wish to express my concerns about item “9 C. Request Services for a November 5, 2024 Election to Submit to Voters the Reauthorization of Measure R” on the agenda for tonight’s July 16th City Council Meeting. I fully recognize the City’s precarious financial situation and support reauthorizing the existing one percent “transaction and use” sales tax. However, due to my concerns about fiscal responsibility, accountability, social justice and equity, I strongly oppose extending the tax indefinitely.
Fiscal Responsibility and Accountability
I believe the biggest issues facing El Cerrito continue to be those of fiscal responsibility and accountability. While progress has certainly been made, I am bothered that City expenditures continue to climb, pension liabilities continue to go unfunded, and Financial Advisory Board (“FAB”) recommendations continue to be ignored. I watched with dismay as more than six million dollars in American Rescue Plan Act (“ARPA”) funds from the Federal government intended for COVID relief were used to temporarily bail out the City from fiscal mismanagement that long preceded the pandemic rather than, as intended, to support local businesses, service workers, renters, children, families and communities impacted by COVID. I listened in disbelief last month when the City Council was told that the dramatic drop in real property transfer tax revenue was unforeseen, particularly since two years ago FAB presented to the City an analysis of rising interest rates and resulting declines in property sale transactions that nearly exactly predicted the revenue drop that ultimately occurred–a forewarning that was summarily dismissed then as “wrong.” I am struck by the irony of the City wasting taxpayer money on slick, full-color, mailed flyers triumphantly proclaiming “fiscal responsibility” and vague claims of a “ten million dollar savings.” As we are seeing with the growing opposition to the proposed El Cerrito Plaza BART library, the prospect of a “never ending” permanent tax increase feeds distrust and fuels opposition. For the record, I use the existing Stockton Avenue library regularly, know firsthand the need for a more modern facility, and fully support building a new library. I am undecided about the Plaza location, mostly because I haven’t been able to get the information necessary to have a truly informed opinion. I wish the City had arrived at its recommendation and built support by actively engaging the community in an open, honest discussion of site feasibility studies, cost analyses and financing options–rather than simply trying to sell the Plaza proposal to the public through an elaborate, expensive, taxpayer-funded, marketing campaign that feels much more like a “dog and pony show.” Like many others, I would strongly support a temporary increase in property taxes that fully funded the repayment of construction bonds for a new library. However, also like many others, I would not support a permanent “forever” property tax increase Agenda Packet Page 326 of 330
with unrestricted funds that could be used for expenses that have nothing to do with the library.
As is unfolding now, I fear that the reauthorization of Measure R may fail at polls this November, not necessarily on its merits but rather from the growing distrust residents feel towards the City. Rightly or wrongly, a “never ending” tax strongly reinforces the perception that El Cerrito continues to lack fiscal responsibility and accountability.
Many residents feel the “if the measure fails” doomsday threats to public safety are dishonest and manipulative. Few feel reassured that the “until ended by voters” provision provides a reasonable, practical, cost-effective way to remove the tax when, and if, it is no longer necessary. I encourage the City Council to head off opposition to extending Measure R by instituting a sunset date–a small gesture of fiscal responsibility and accountability that can build trust by facilitating a periodic review and assessment of the sales tax and its necessity.
Social Justice and Equity
Sales taxes are inherently regressive in that they disproportionately burden lowerincome individuals and families. The simple explanation is that lower-income households spend a greater portion of their disposable income on taxable goods than middle and upper-income households. For example, a person earning $2,000 per month typically spends their entire paycheck on necessities, most of which are subject to sales taxes. A family earning $20,000 per month generally puts aside a large chunk of their “extra income” into various savings and investment accounts. Viewed through an equity lens, a sales tax is unjust in that a much greater proportion of the earnings of a lowincome family is subject to sales taxes than that of higher-income families. Sales taxes are regressive taxes on the poor.
There is a common misconception that sales taxes are less regressive when food is not taxed. I wish this were true, but it is not. Economic research has found that exempting groceries from the sales tax reduces economic efficiency without achieving the oftstated objective of enhancing tax progressivity. The poorest decile of households pay approximately ten percent more sales tax liability with California’s grocery tax exemption than they would in a revenue-neutral scenario in which groceries were taxed but the general sales tax rates were reduced commensurately. The inequities are even greater when untaxed Supplemental Nutrition Assistance Program food benefits (aka “SNAP” and “CalFresh”) are factored in.
While Alaska, Delaware, Montana, New Hampshire and Oregon do not levy a statewide sales tax, California’s base sales tax rate of 7.25% is the highest in the country. Although sales taxes disproportionately burden the poor and exasperate inequity–particularly in high tax states like California–they are, unfortunately, among the very few revenue sources available to municipalities like El Cerrito. I urge the City Council to proceed with caution, particularly since our current 10.25% sales tax rate is among the highest in the state (tied for 9th among California’s 482 incorporated cities). Please don’t extend Measure R into a “forever tax” on the poor.
I would support an extension of the one-cent Measure R sales tax only if, as is the case now, it is subject to a time limit that prompts evaluation and review. I view “until ended by voters” as a gimmick that disempowers voters and keeps the tax in place indefinitely.
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My suggestion is to amend Chapter 4.62 of El Cerrito’s Transactions and Use Ordinance to provide successive four- or eight-year voter approved extensions which align sales tax reauthorizations with presidential elections and greater voter participation.
Please put the onus on City leaders to periodically justify to voters why a regressive but temporary tax should be extended. Do not disingenuously force residents to go through the arduous, contentious and expensive process of collecting 2,000 signatures for a ballot measure and organizing, funding and waging a battle against the City should they wish to repeal Measure R.
Thank you for taking the time to listen to your constituents. Some of us occasionally have good ideas.
Respectfully,
William Ktsanes
El Cerrito Resident
Agenda Packet Page 328 of 330
From: Paola
To: City Clerk
Subject: Public Comment item 9c
Date: Wednesday, July 17, 2024 7:36:21 AM
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I am one of many El Cerrito residents who oppose this forever tax move on your part! Put a sunset date on it, this is your responsibility and you should not put it on voters to do the work! This is one of the many reasons why this city council is awful!
Agenda Packet Page 329 of 330
From: l w
To: City Clerk
Cc:
Subject: Measure R
Date: Wednesday, July 17, 2024 8:20:59 AM
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I strongly disagree with an extension of Measure R as you are presenting it on the ballot..
If there were a reasonable time limit , say 10 years, and then it would come up for a vote again, I'd definitely reconsider.
Not one of my friends or neighbors supports the extension as it will appear on the ballot, with no time limit.
I believe you are doing a great disservice to our community and endangering public safety by potentially reducing services if the measure fails.
Lynn Watkins
El Cerrito Tax Payer
Yahoo Mail: Search, Organize, Conquer
Agenda Packet Page 330 of 330