El Cerrito City Council
October 7, 2025

Mayor Councilmembers
Carolyn Wysinger William Ktsanes
Mayor Pro Tem Lisa Motoyama
Gabe Quinto AGENDA Rebecca Saltzman

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TUESDAY, OCTOBER 7, 2025
REGULAR CITY COUNCIL MEETING (6:00 PM)
Council Chambers - 10890 San Pablo Ave, El Cerrito
Closed Captions Available Via Zoom:
https://us06web.zoom.us/j/87190004012?pwd=MmaHu7crvbhjK1Y8RJCHiv71YrpaFG.1 Meeting ID: 871 9000 4012 Passcode: 760256 Dial in: 1-408-638-0968 View:

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

2. Livestream Online at www.elcerrito.gov/CouncilMeetingMaterials Accommodations: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at 510- 215-4305. Notification 48 hours prior to the meeting will enable the City to make reasonable accommodations. Closed Captions available via zoom.

Conduct: This meeting shall be conducted pursuant to the El Cerrito City Council Rules of Order and Procedure, including adjourning by 11:00 PM unless extended to a specific time determined by a majority of the Council.

Public Comments:

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

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

Written comments received by 2:00 p.m. the day of the meeting will be provided to the City Council and posted online in advance of the meeting. Comments received after the deadline will be provided to the City Council and will be posted after the meeting.

Agenda Packet Page 1 of 103
Mayor Councilmembers
Carolyn Wysinger William Ktsanes
Mayor Pro Tem Lisa Motoyama
Gabe Quinto AGENDA Rebecca Saltzman

6:00 PM ROLL CALL – CONVENE REGULAR CITY COUNCIL MEETING

1. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A

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

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

MOMENT OF SILENCE

3. TELECONFERENCE AND PUBLIC COMMENT INSTRUCTIONS

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

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

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

6. PRESENTATIONS

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

A. Committee on Aging Appointment
Action Proposed: Approve the Committee on Aging recommendation and appoint Elisa Montemayor to the Committee, effective October 7, 2025.

Contact: Bridget Cooney, Recreation Supervisor, Recreation Department
B. Economic Development Committee Appointment
Action Proposed: Approve an Economic Development Committee recommendation to appoint Han Miao, effective October 7, 2025.

Agenda Packet Page 2 of 103
Mayor Councilmembers
Carolyn Wysinger William Ktsanes
Mayor Pro Tem Lisa Motoyama
Gabe Quinto AGENDA Rebecca Saltzman

Contact: Aissia Ashoori, Housing-Economic Development Manager, Community Development Department
C. Filipino American History Month Proclamation
Action Proposed: Approve a proclamation recognizing October 2025 as Filipino American History Month in El Cerrito.

Contact: Shannon Bassi, Human Resources Manager, City
Management
D. National Arts and Humanities Month Proclamation
Action Proposed: Approve a proclamation in support and recognition of October 2025 as National Arts and Humanities Month in El Cerrito.

Contact: Shannon Bassi, Human Resources Manager, City
Management
E. United Against Hate Week Proclamation
Action Proposed: Approve a proclamation declaring October 19-25, 2025 as United Against Hate Week in the City of El Cerrito.

Contact: Will Provost, Assistant to the City Manager, City Management F. Memorandum of Understanding with BART Police Department Outlining Policing Responsibilities for the El Cerrito Plaza BART Station TOD Project
Action Proposed: Authorize the City Manager to enter into a Memorandum of Understanding with the San Francisco Bay Area Rapid Transit District (BART) Police Department that outlines policing responsibilities for the El Cerrito Plaza BART Station TOD Project.

Contact: Sean Moss, Planning Manager; Jeff Ballantine, Senior Planner, Community Development Department; Paul Keith, Police Chief, Police Department
G. Amendment to the Consulting Services Agreement with Ghirardelli Associates for El Cerrito del Norte Transit-Oriented Development Complete Streets Project, City Project No. C4014, Federal Project No. CML 5239(029)
Agenda Packet Page 3 of 103
Mayor Councilmembers
Carolyn Wysinger William Ktsanes
Mayor Pro Tem Lisa Motoyama
Gabe Quinto AGENDA Rebecca Saltzman

Action Proposed: Adopt a resolution authorizing the City Manager to execute an amendment to the Consulting Services Agreement with Ghirardelli Associates (Ghirardelli) to provide additional construction management services for the El Cerrito Del Norte Transit-Oriented Development (TOD) Complete Streets Improvement Project, City Project No. C4014, Federal Project No. CML 5239(029) increasing the contract authority by $391,000.

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

8. PUBLIC HEARINGS
A. Waive First Reading and Introduce an Ordinance Amending the Municipal Code to Adopt by Reference the 2025 California Building Standard Code with Local Amendments and Adoption of Resolution Making Findings In Support of Local Amendments
Exempt from CEQA review pursuant to Section 15061(b)(3); Notice published on 9/27/2025
Action Proposed: Conduct a public hearing and upon conclusion: 1) Adopt a Resolution which makes findings justifying changes to 2025 California Building Standards Code and 2) Waive first reading and introduce an Ordinance to repeal and replace Chapters 16.02-16.04,

16.06, 16.08, 16.09, 16.20. 16.24, 16.26 and 16.40. of Title 16 (Buildings and Construction) of the El Cerrito Municipal Code in their entirety to adopt by reference the 2025 California Green Code, the Administrative, Building, Fire, Plumbing, Mechanical, Electrical, Energy, Residential, Existing Building Codes, the 2024 International Property Maintenance Code, and Related Construction Codes, and to add the 2025 WildlandUrban Interface Code as Chapter 16.27 of Title 16 as applicable to all construction within the City of El Cerrito, and with local modifications as outlined in the Ordinance.

Contact: Melanie Mintz, Community Development Director; Cindy Lucas, Interim Assistant Building Official, Community Development Department

9. POLICY MATTERS

10. CITY COUNCIL LOCAL & REGIONAL LIAISON ASSIGNMENTS
Mayor and City Council communications regarding local and regional liaison assignments, committee reports, and any required reporting under AB 1234 for meetings (as defined by the Brown Act) attended at the public's expense.

Agenda Packet Page 4 of 103
Mayor Councilmembers
Carolyn Wysinger William Ktsanes
Mayor Pro Tem Lisa Motoyama
Gabe Quinto AGENDA Rebecca Saltzman

11. ADJOURN REGULAR CITY COUNCIL MEETING
The next regularly scheduled City Council meeting is Tuesday, October 21, 2025 at 6:00 p.m.

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

Agenda Packet Page 5 of 103

AGENDA BILL
Agenda Item No. 7.A.

Date: October 7, 2025
To: El Cerrito City Council
From: Bridget Cooney, Recreation Supervisor, Recreation Department Subject: Committee on Aging Appointment

ACTION PROPOSED
Approve the Committee on Aging recommendation and appoint Elisa Montemayor to the Committee, effective October 7, 2025.

BACKGROUND AND ANALYSIS
In August 2025, the City received an application from Elisa Montemayor to serve on the Committee on Aging (COA). At their September 17, 2025 meeting, the COA voted to recommend to the City Council the appointment of Elisa Montemayor to the COA.

Elisa Montemayor has lived in El Cerrito for over 11 years. Elisa Montemayor worked in Human Resources for over 20 years and recently obtained her Residential Care Facility for the Elderly (RCFE) Administrator licensure for the State of California. Elisa Montemayor is interested in serving seniors in her community and hopes to serve on the COA.

If the City Council approves this recommendation, the number of Committee members will be eleven out of a possible membership total of fifteen.

STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal of:
• Livability and Belonging

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

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

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

Agenda Packet Page 6 of 103
Agenda Item No. 7.A.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

Application(s) on File with the City Clerk
Agenda Packet Page 7 of 103

AGENDA BILL
Agenda Item No. 7.B.

Date: October 7, 2025
To: El Cerrito City Council
From: Aissia Ashoori, Housing-Economic Development Manager, Community Development Department
Subject: Economic Development Committee Appointment

ACTION PROPOSED
Approve an Economic Development Committee recommendation to appoint Han Miao, effective October 7, 2025.

Han Miao has been an El Cerrito resident for 1.5 years. She is an entrepreneur with a background in finance and currently working on her Master of Business Administration at the University of California, Berekely. Her experience in business operations aligns well with the EDC in supporting El Cerrito businesses.

The applicant has demonstrated their commitment to economic prosperity which is aligned with the mission of EDC. The Economic Development Committee voted unanimously to recommend the appointment of Miao at its regular meeting on August 18, 2025. If the City Council approves this recommendation, the number of committee members will be 10 out of a possible membership total of 15, as established by Resolution 2013-66.

STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal of:
• Livability and Belonging

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

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

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

Agenda Packet Page 8 of 103
Agenda Item No. 7.B.

Reviewed by:

Karen Pinkos, City Manager

Attachments:

Application(s) on File with the City Clerk
Agenda Packet Page 9 of 103
Agenda Item No. 7.C.

EL CERRITO CITY COUNCIL PROCLAMATION
Recognizing October as Filipino American History Month in the City of El Cerrito WHEREAS, on October 18, 1587, more than a century before the Mayflower crossed the Atlantic Ocean, the first "Luzones Indios," as Filipinos were known in those days, arrived in Morro Bay, California after sailing across the Pacific Ocean as sailors on Spanish galleons; and
WHEREAS, between 1906 and 1935, the first large wave of Filipino immigration to the United States began as Filipinos were recruited to work in the agricultural industries, canneries, and on sugarcane plantations; and
WHEREAS, during World War II, approximately 200,000 Filipino soldiers, including thousands from California, fought under United States command to preserve the liberty of our country and win back the liberty of the Philippines; and WHEREAS, between 1941 and 1959, a second wave of Filipino immigration began, as nurses, students, fiancées of World War II military personnel, veterans, and many Filipinos who had served in the United States Navy settled in the Bay Area, including El Cerrito, where they are one of the largest Asian American minorities; and WHEREAS, in 1991, Filipino American National Historical Society board of trustees proposed the first annual Filipino American History Month to commence in October 1992; and
WHEREAS, on September 9, 2009, the California State Assembly voted to designate the month of October 2009, and every October thereafter, as Filipino American History Month; and
WHEREAS, Chief Justice Tani Gorre Cantil-Sakauye is the first Filipina American to lead California’s judiciary, and Attorney General Rob Bonta is the first Filipino American to head California’s Department of Justice; and
WHEREAS, on December 19, 2017, El Cerrito’s first Filipino American Mayor, Gabriel Quinto, was sworn in by Contra Costa Superior Court Judge Benjamin Reyes II, the first Filipino American judge to serve on the Contra Costa County bench.

NOW THEREFORE, the City Council of the City of El Cerrito does hereby declare October as Filipino American History Month in the City of El Cerrito and invites everyone to celebrate and reflect on the notable accomplishments and outstanding services by Filipino Americans to our Country, our State, and our City.

Dated: October 7, 2025
__________________________
Carolyn Wysinger, Mayor
Agenda Packet Page 10 of 103
Agenda Item No. 7.D.

EL CERRITO CITY COUNCIL PROCLAMATION
Recognizing and Supporting October 2025 as
National Arts and Humanities Month in El Cerrito
WHEREAS, the month of October has been recognized as National Arts and Humanities Month across the country since 1993; and
WHEREAS, National Arts and Humanities Month was initiated to encourage all Americans to begin a lifelong habit of participation in the arts and humanities; and WHEREAS, the arts and humanities embody much of the accumulated wisdom, intellect, and imagination of humankind; and
WHEREAS, the arts and humanities play a unique role in the lives of our families, our communities, and our country; and
WHEREAS, the arts and humanities enhance and enrich the lives of every American; and
WHEREAS, the arts and humanities contribute towards cross-cultural understanding, and enhance the quality of life; and
WHEREAS, studies show that innovation and creativity are key components to a prosperous future California economy; and
WHEREAS, the Arts and Culture Commission works to encourage and promote arts programs and events happening in El Cerrito during October with a list of events listed on elcerrito.gov/artsmonth.

NOW THEREFORE, the City Council of the City of El Cerrito does hereby declares October 2025 as Arts and Humanities Month in the City of El Cerrito and encourages all members of the community to celebrate and promote the arts and culture in our nation and to participate, patronize and support the arts and humanities in El Cerrito.

Dated: October 7, 2025
___________________________
Carolyn Wysinger, Mayor
Agenda Packet Page 11 of 103
Agenda Item No. 7.E.

EL CERRITO CITY COUNCIL PROCLAMATION
Designating October 19 –25, 2025, as “United Against Hate Week” WHEREAS, the United States is a nation of immigrants, whose strength comes from its diversity; and
WHEREAS, the Constitution enshrines equality on all individuals, regardless of race, gender, orientation, religion, or political views; and WHEREAS, recent federal policies and rhetoric have generated a toxic environment that encourages the propagation of racist, xenophobic, sexist, homophobic, antisemitic, Islamophobic, and other bigoted views by emboldened hate groups and individuals; and
WHEREAS, deep divisions within our country allow for the festering of extreme ideology, further strengthening a cycle of mistrust and suspicion fueled by fear, anxiety, and insecurity; and
WHEREAS, the number of hate crimes across the United States has increased dramatically over the past few years; and
WHEREAS, the City of El Cerrito has experienced racist, homophobic, and antisemitic comments through its public comments process and remains deeply committed to inclusivity; and
WHEREAS, the City of El Cerrito was declared a Sanctuary City on March 21, 2017, further affirming the City’s commitment to the values of dignity, inclusivity, and respect for all individuals regardless of ethnic or national origin, gender identity, race, religious affiliation, sexual orientation, age, disability, or immigration status; and WHEREAS, the community launched a Stop Hate Together campaign to further state our shared values and reiterate our commitment to inclusivity; and WHEREAS, education, compassion, and cooperation are key to understanding and embracing differences between people; and
WHEREAS, taking individual United Against Hate Week actions or sponsoring group events is an important step in bridging divisions and healing communities.

NOW THEREFORE, the City Council of the City of El Cerrito does hereby declare the week of October 19 through 25, 2025 as United Against Hate Week in the City of El Cerrito and encourages all residents to work together against hate, restore respect and civil discourse, embrace the strength of diversity, and build inclusive and equitable communities for all.

Dated: October 7, 2025
_____________________
Carolyn Wysinger, Mayor
Agenda Packet Page 12 of 103

AGENDA BILL
Agenda Item No. 7.F.

Date: October 7, 2025
To: El Cerrito City Council
From: Sean Moss, Planning Manager; Jeff Ballantine, Senior Planner, Community Development Department; Paul Keith, Police Chief, Police Department
Subject: Memorandum of Understanding with BART Police Department Outlining Policing Responsibilities for the El Cerrito Plaza BART Station TOD Project

ACTION PROPOSED
Authorize the City Manager to enter into a Memorandum of Understanding with the San Francisco Bay Area Rapid Transit District (BART) Police Department that outlines policing responsibilities for the El Cerrito Plaza BART Station TOD Project.

BACKGROUND
The El Cerrito Plaza BART station currently consists of the station itself (street level areas and platforms) and three surrounding parking lots. Policing for the entire station area is currently provided by the San Francisco Bay Area Rapid Transit District (BART) Police Department.

The El Cerrito Plaza BART Station Transit Oriented Development (ECP TOD) was approved in two actions on April 3, 2023 and July 3, 2024. More information about the ECP TOD project and the approval process is available on the City’s webpage for the project. The Master Plan for the project includes the construction of six new buildings containing 743 new housing units; new public, private and common open spaces; new parking facilities; and a reconfigured busway on the existing surface parking lots. (The approved site plan for the ECP TOD development is shown in Exhibit B of the proposed Memorandum of Understanding (MOU) (Attachment 2) and on the project webpage).

The project was approved pursuant to Assembly Bill 2923 which created base zoning standards for the site. The project will be built in phases with the first phase (Parcel A South at the corner of Richmond and Central), of 70 units of below-market-rate housing planned to break ground in November 2025.

ANALYSIS
Once construction begins on Parcel A South, that portion of the ECP TOD site will become an active construction site and will no longer function as a transit facility.

Temporary construction staging will occupy the remaining portion of the north BART parking lot to the north of Parcel A South. During the construction phase of the project and the ongoing occupancy of the new housing, the BART Police Department is no longer best suited to provide police service. To facilitate the transfer of primary policing responsibility of the non-transit ECP TOD areas to the City of El Cerrito, City staff and BART staff developed a Memorandum of Understanding (MOU), which specifies the Agenda Packet Page 13 of 103
Agenda Item No. 7.F.
policing responsibility of each agency. Execution of this MOU will allow the El Cerrito Police Department to extend its existing policing services to the new residents of the ECP TOD project and will minimize confusion for those residents and the community when police services are needed.

The BART Police Department will continue to police BART’s transit facilities. This includes paid and unpaid station areas (the station concourse, platforms, and other outdoor areas generally under the BART tracks); the reconfigured busway area; and the future parking garage area that will serve BART patrons (the first level of the parking garage on Parcel B). The City of El Cerrito would assume policing responsibility for the new residential buildings, including the residential parking; public open spaces, including the new public plaza along Fairmount Avenue; and the Ohlone Greenway. The physical areas of each agency’s policing jurisdiction are shown graphically in Exhibits B and C of the proposed MOU (Attachment 2).

The MOU describes each of the phases of construction for the overall ECP TOD project (Section 2). Phasing is shown graphically in Exhibit D of the MOU. Prior to the construction of each phase, BART will grant a long-term ground lease to the developer.

This will allow the construction and long-term operation and maintenance of the new buildings. The El Cerrito Police Department would assume policing responsibility for each phase upon: 1) execution of a ground lease between the developer and BART; and 2) the commencement of construction.

El Cerrito Police and BART Police will continue to share information as specified in the MOU. In the event of an arrest within the ECP TOD area, the arresting agency will be responsible for reports and investigations regarding the arrest. This agreement matches the current police practices of El Cerrito Police and BART Police in and around BART stations. The agreement will create clearly defined areas for each agency's primary jurisdiction.

STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan goals of:
• Community Safety, by allowing the City to provide police services for the new residents of the El Cerrito Plaza BART Station TOD development; and • Livability and Belonging, by facilitating the development of a new downtown community hub anchored by the El Cerrito Plaza BART Station TOD.

ENVIRONMENTAL CONSIDERATIONS
This action and the execution of the proposed MOU do not constitute a "project" as defined by the California Environmental Quality Act, and are not subject to environmental review.

Agenda Packet Page 14 of 103
Agenda Item No. 7.F.

FINANCIAL CONSIDERATIONS
Development of the entire ECP TOD project will result in increased property tax assessments.

Although the ECP TOD project itself was exempt from project-specific environmental review, the Environmental Impact Report (EIR) for the San Pablo Avenue Specific Plan (2014) and the Supplemental Environmental Impact Report (SEIR) for the San Pablo Avenue Specific Plan Update (2022) evaluated potential impacts to police service of the full build-out of the San Pablo Avenue Specific Plan area (of which the ECP TOD is a part). The EIR and SEIR concluded that the build-out of the SPASP area would not result in significant impacts to police service and any additional Police Department needs would be evaluated as part of the annual budget process.

LEGAL CONSIDERATIONS
The City Attorney has reviewed and approved this report and the proposed MOU.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution

2. Draft MOU
Agenda Packet Page 15 of 103
RESOLUTION 2025-XX

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF

UNDERSTANDING WITH THE SAN FRANCISCO BAY AREA RAPID TRANSIT

DISTRICT (BART) POLICE DEPARTMENT OUTLINING POLICING

RESPONSIBILITIES WITH REGARD TO THE EL CERRITO PLAZA BART STATION

TRANSIT ORIENTED DEVELOPMENT
WHEREAS, the San Francisco Bay Area Rapid Transit District (BART) has entered into agreements with a developer for the construction of the El Cerrito Plaza BART Station Transit-Oriented Development (ECP TOD) on the three surface parking areas surrounding the El Cerrito Plaza BART station; and WHEREAS, the first phase of the ECP TOD project (Parcel A South) was approved by the City of El Cerrito on April 3, 2023, and the remaining Master Plan for the project was approved on July 3, 2024; and
WHEREAS, the station and the three surface parking areas consist of eight separate parcels. The ECP TOD will be constructed upon six of the parcels and will include approximately 743 multifamily units, approximately 22,000 square feet of retail/commercial space, one level of parking for BART patrons with approximately 145 parking spaces within a residential garage, and a plaza on Fairmount Avenue; and WHEREAS, police service for the El Cerrito Plaza BART station is currently provided by the BART Police Department; and
WHEREAS, in order to provide consistent police service to the new residents of the ECP TOD, the El Cerrito Police Department and the BART Police Department recognize the need to clarify the responsibilities of each agency; and WHEREAS, the El Cerrito Police Department and the BART Police Department desire to execute a cooperative policing agreement memorializing the respective jurisdictional obligations and responsibilities of each agency regarding: communications; calls for service; investigative procedures and disposition; and other policing duties related to the station area.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that the City Manager is hereby authorized to enter into a Memorandum of Understanding with the San Francisco Bay Area Rapid Transit District (BART) Police Department outlining policing responsibilities with regard to the El Cerrito Plaza BART Station Transit Oriented Development.

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

Agenda Packet Page 16 of 103
I CERTIFY that at a regular meeting on October 7, 2025 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:
________________________
Carolyn Wysinger, Mayor
Agenda Packet Page 17 of 103
169923.1

MEMORANDUM OF UNDERSTANDING/COOPERATIVE POLICING AGREEMENT

BETWEEN THE BART POLICE DEPARTMENT AND THE CITY OF EL CERRITO This Memorandum of Understanding (“MOU”) is entered into on ______, 2025 (the “Effective Date”), by and between the San Francisco Bay Area Rapid Transit District Police Department (“BART PD”) and the City of El Cerrito (“City”). BART PD and the City are referred to herein individually as a “Party”, and collectively as the “Parties”.

RECITALS
A. The San Francisco Bay Area Rapid Transit District (“BART”) has entered into agreements with a developer for the construction of the El Cerrito Plaza Transit-Oriented Development (the “TOD”) on the three surface parking areas surrounding the El Cerrito Plaza BART station (the “Station”) located between and adjacent to Fairmount Avenue and Central Avenue in El Cerrito, California.

B. The Station and the three surface parking areas consist of eight separate parcels. The TOD will be constructed upon six of the parcels and includes approximately 750 multifamily units, approximately 22,000 square feet of retail/commercial space, one level of replacement parking with 145 BART parking spaces within a residential garage (“BART Patron Parking”) and a plaza on Fairmount Avenue (“Fairmount Plaza”).

C. The seventh parcel consists of the Station and auxiliary facilities that include the aerial trackway, station concourse and platforms (the paid area, defined in Section 1 below), the areas below the aerial trackway (the free area, defined in Section 1 below), electrical substation, patron pick-up/drop off area (including the adjacent sidewalks), (collectively, “Station Facilities”), a reconfiguration of a linear bicycle and pedestrian route, as well as an adjacent dog relief area (the “Ohlone Greenway”) and a reconfigured Oak Street that will accommodate a two-way bus facility, (“Oak Street Busway”). The eighth parcel consists of an open space to be owned by the City (“Ohlone Open Space”) D. All areas described in Recitals A, B and C are collectively defined as the “Station Area Components.” The attached Exhibit A illustrates the locations of the Station Area Components.

E. The Parties desire to execute a cooperative policing agreement memorializing the respective jurisdictional obligations and responsibilities of BART PD and the City of El Cerrito Police Department (“ECPD”) regarding: communications; calls for service; investigative procedures and disposition; and other policing duties related to the Station Area Components.

Agenda Packet Page 18 of 103
169923.1

1. JURISDICTIONS
a. Primary Jurisdiction, BART PD: All areas that are the sole jurisdiction of the BARTPD and for which the BART PD hassole law enforcement responsibility, are highlighted in blue in Exhibit B. The areas of BART Primary Jurisdiction include the following areas (in the event of inconsistency between the descriptions below and the color-coding in Exhibit B, Exhibit B shall control):
i. The Station, consisting of:
• Paid Area: areas of the Station that are inside of the fare gates where a revenue ticketisrequired:

Free Area: all other areas within the confines of the Station that are outside of the fare gates where a revenue ticket is not required, generally the areas beneath the aerial trackway.
ii. Oak Street Busway
iii. BART Patron Parking areas on first level of Parcel B, which areas are highlighted in yellow in Exhibit C
b. Primary Jurisdiction, ECPD: All areas that are the sole jurisdiction of ECPD and for which ECPD has sole lawenforcement responsibility, are highlighted in red in Exhibit B. The areas of ECPD Primary Jurisdiction include the as following (in the event of inconsistency between the descriptions below and the color-coding in Exhibit B, Exhibit B shall control):
i. TOD: all portions of the TOD outside of the Primary Jurisdiction of BART PD.
ii. The Ohlone Open Space
iii. The Ohlone Greenway
iv. Fairmount Plaza
v. The upper floors (Levels 2 – 7) of the building on Parcel B as well as all areas on the first floor of the building that are not highlighted in yellow in Exhibit C.

2. TOD COMPONENTS
The TOD will be completed in phases, as generally shown in Exhibit D.

The components of each phase are generally described below:

Parcel A South: The construction of 70 units of affordable housing.

Parcel B: The construction of 259 market rate units and approximately 145 parking spaces for BART patrons.

Parcel C East: The construction of 84 affordable housing units, the adjacent portion of the Fairmount Plaza, and Fairmount Avenue improvements.

Parcel C West: The construction of 79 affordable units, the adjacent portion of the Agenda Packet Page 19 of 103
169923.1
Fairmount Plaza, and a 20,000 square foot public library (or commercial space, and affordable housing parking and amenities).

Parcel A North: The construction of 133 market rate units, and Ohlone Greenway improvements.

Parcel D: The construction of 118 affordable housing units.

ECPD will take over jurisdictional responsibility upon the execution of the ground lease and commencement of construction, as applicable, of each phase of the TOD. For the purposes of this paragraph, “commencement of construction” shall include, but not be limited to, installation by the ground lessee or their contractor of one or more jobsite trailers or installation of fencing closing the applicable portion of the BART parking lot to BART riders. ECPD will be notified by BART as to the date of the occurrence of commencement of construction for each phase. The BART Property Development team will also notify BART PD and ECPD at commencement of construction.

Construction will also need to be supported by temporary facilities. Each phase may require the use of a temporary construction staging area adjacent to the parcel being developed, to be used for the storage of construction materials and other purposes. These construction staging areas are to be considered as a component of the TOD. In addition, temporary replacements for site infrastructure, such as the Oak Street Busway and the Ohlone Greenway, will also be required and established while the existing facilities are being redeveloped and the new facilities are being construction. These temporary facilities should be considered to be under the jurisdiction of the same agency as is responsible for the permanent infrastructure.

3. POLICY
BART PD and ECPD mutually agree to take immediate prudent action required to protect life and property, stabilize crime scenes, locate witnesses, and apprehend suspects for onviewed or reported violations within each other's jurisdiction. As soon as practicable after a crime scene has been stabilized, BART and ECPD agree to relinquish the crime scene and investigative responsibility to the Party that has primary jurisdiction.

In keeping with strong inter-agency cooperation and in the furtherance of justice, both BART PD and ECPD will exchange information and provide available expertise on an ongoing basis, particularly during the course of criminal investigations of major significance.

4. GENERAL PROTOCOL
Each Party, when requested by the other Party, agrees to forward a copy of any report covering any felony occurring in the free area of the Station. This does not preclude the departments fromagreeing to exchange other reports as needed.

In all cases where ECPD makes an arrest in any area of BART PD’s primary jurisdiction and/or ECPD’s primary jurisdiction, ECPD will be responsible for all reports, follow-up investigations, court preparation and presentation.

Agenda Packet Page 20 of 103
169923.1
In all cases where BART PD makes an arrest in any area of BART PD’s primary jurisdiction and/or ECPD’s primary jurisdiction, BART PD will be responsible for all reports, follow-up investigations, court preparation and presentation.

Nothing in this MOU shall be construed to preclude either BART PD or ECPDfrom handling "on-view" situations in any area within either Party’s primary jurisdiction. When such cases arise, the handling Party shall forward a copy of the police report to theParty with primary jurisdiction.

5. OFFICER INVOLVED SHOOTINGS
Depending on which agency has Primary Jurisdiction and is responsible for conducting an investigation, BART PD and ECPD shall comply with the countywide protocol for the investigation of such incidents as outlined in the Contra Costa County Protocol for Law Enforcement Involved Fatal Incidents.

7. NOTICES
All notices required hereunder may be given by personal delivery, U.S. mail, or courier service (e.g. Federal Express). Notices shall be effective upon receipt at the following addresses:

To BART PD:

San Francisco Bay Area Rapid Transit District Police Department 101 Eighth Street, 3rd Floor
Oakland, CA 94607
Attention: Chief of Police
Telephone: (510) 464-7080
To City of El Cerrito:

El Cerrito Police Department
10900 San Pablo Avenue
El Cerrito, CA 94530
El Cerrito, CA
Attention: Chief of Police
Telephone: (510) 215-4400

8. AUTHORITY
The Parties represent that the individuals whose signatures appear at the end of this document as signatories are authorized by their respective boards/councils to enter into this MOU on behalf of and to bind their respective agencies to the terms of this MOU.

Agenda Packet Page 21 of 103
169923.1

9. COUNTERPARTS
This MOU may be signed in counterparts and the signature pages combined shall create a document binding on all the Parties.

10. AMENDMENTS
This MOU may not be modified or amended, in whole or in part, except by a written instrument signed by an authorized officer or representative of each of the Parties hereto.

IN WITNESS WHEREOF, the Parties hereto have entered into this MOU as of the Effective Date set forth above.

City of El Cerrito: BART:

CITY OF EL CERRITO, a
California municipal
corporation

SAN FRANCISCO BAY AREA
RAPID TRANSIT DISTRICT, a
rapid transit district
By:
_____________________________
Name:__Karen Pinkos_
Title:___City Manager_
By:
________________________
Name:_Kevin Franklin________
Title:__Chief of Police
APPROVED AS TO FORM:
___________________________
____Sky Woodruff, City Attorney
APPROVED AS TO FORM:
___________________________
Stephen Muzio
BART Office of the General
Counsel
.

Agenda Packet Page 22 of 103
169923.1

EXHIBIT A
Site Plan of El Cerrito Plaza Station Area
Agenda Packet Page 23 of 103

EXHIBIT A - SITE PLAN
Agenda Packet Page 24 of 103
169923.1

EXHIBIT B
Jurisdiction Boundaries
Agenda Packet Page 25 of 103
07/20/2023
Key
Red: El Cerrito Police
Department Jurisdiction
Blue: BART Police
Department Jurisdiction
Purple: Mixed Primary
Jurisdiction (See Exhibit C)
Parcel B Note
1st floor is mixed Primary Jurisdiction,
with BART parking being BART Police
Department Jurisdiction (see Exhibit C);
1st floor excluding BART parking and
2nd Floor and up is City of El Cerrito
Primary Jurisdiction EXHIBIT B PARCEL B

PARCEL C
WEST

PARCEL C
EAST

PARCEL D

PARCEL A
SOUTH

PARCEL A
NORTH
Agenda Packet Page 26 of 103
169923.1

EXHIBIT C
Primary Jurisdiction Boundaries on First Floor of Building at Parcel B Agenda Packet Page 27 of 103
LIBERTY ST.

OAK ST.

RICHMOND ST.

CENTRAL AVE.

FAIRMOUNT AVE.

OAK ST. BUSWAY

OHLONE GREENWAY

BART TRAIN

TRACKS ABOVE
BART

PARCEL PARCEL A-NORTH

A-SOUTH

PARCEL D

PARCEL B

PARCEL C-WEST
PARCEL
C-EAST

BIKE STATION
RM. 108
RES. LOBBY
OFF.

COMMUNITY
ROOM
1,400 SF

BIKE ROOM
130 SPACES
CAFE
1,500 SF
WASTE
ROOM
ELEC. & MECH.

OPTIONAL

MICRO RETAIL
150 SF
ACC.

MAINTENANCE
ADMIN

LIBRARY
20,000 GSF

BIKE ROOM
120 SPACES
OFF.

RES.

LOBBY
WASTE
ROOM
ELEC. &
MECH.

ADULT

READING
AREA &
STACKS

KIDS READING

AREA & STACKS
STAFF

MULTI-PURPOSE
ROOM

LOADING
OFF.

OFF.

OFF.

MAIL
MAIL

TEEN AREA

EXISTING
MICRORETAIL

PARKING GARAGE
42 SPACES
Plaza
BIKE
REPAIR
& LOUNGE
RES. LOBBY

UTILITY
WASTE ROOM MAIL RES. LOBBY
BART

PARKING
OPT. LOBBY
MICRO
RETAIL
ACC.ACC.ACC.ACC.ACC.ACC.ACC.ACC.ACC.ACC.

ACC.

ACC.

ACC.

ACC.

ACC.

ACC.

BART PARKING GARAGE
145 SPACES INCLUDING 7 CAR SHARE
ACC.

ACC.

ACC.

BIKE ROOM
180 SPACES

LOBBY /

AMENITY
ELEC.

MPOE
WASTE
MAIL &

PACKAGE
FIRE
PUMP
SERV./
MAINT.

ACC.

ACC.

ACC.

RES.

LOBBY

BIKE PARKING
100 SPACES

BIKE PARKING
100 SPACES

FAMILY TDM

AMENITY
WASTE
ROOM

UTILITY

RESIDENTIAL PARKING GARAGE
60 SPACES
TH
TH

TH TH TH TH
TH
TH
TH
TH

TH TH TH TH
(SEPARATE

SUBMISSION)

BIKE ROOM
106 SPACES

LAUNDRY

COMMUNITY
ROOM
RES.

LOBBY
MAIL

OFFICES
ELEC.

WASTE
ROOM
MECH.

MECH.

MAINT.

PARKING
GARAGE
35 SPACES
ACC.

ACC.

ACC.

ACC.

PAD MOUNTED

TRANSFORMERS

PAD MOUNTED

TRANSFORMERS

PAD MOUNTED

TRANSFORMERS

BUS STOP

BUS STOP

BUS STOP

BUS STOP BUS STOP BUS STOP

BUS STOP

BUS STOP
MAINT. / PD

PARATRANSIT
SB-330 PRELIMINARY APPLICATION
03/23/2023
OVERALL SITE PLAN - GROUND FLOORS A1.00 EL CERRITO PLAZA BART TOD 1" = 40'-0"
1 SITE PLAN - GROUND FLOORS
0' 20' 40' 80' 160'
SCALE: 1" = 40'
BART Parking

EXHIBIT C -BART PARKING FUTURE PUBLIC LIBRARY

OR AFFORDABLE HOUSING
PARKING AND AMENITIES Agenda Packet Page 28 of 103
169923.1

EXHIBIT D
TOD Phasing
Agenda Packet Page 29 of 103
LIBERTY ST.

RICHMOND ST.

FAIRMOUNT AVE

CENTRAL AVE
1 PARCEL
C-WEST
PARCEL
C-EAST

PARCEL B
EINWILLERKUEHL 09/29/2023
PAGE 2 OF 9

PHASING

EL CERRITO BART

INSTALL

TEMPORARY

ACCESS RAMP

CONSTRUCT PERMANENT PATRON

DROP-OFF ZONE

PARCEL D
PARCEL

A-SOUTH

CONSTRUCTION
AREA
PARCEL

A-NORTH
STAGING / LAYDOWN AREA FOR

CONSTRUCTION OF

PARCEL A-SOUTH
Phase Description
• Construct Parcel
A-South
• Build Patron
Drop-off Zone
• Build temporary
ramp
LEGEND

CONSTRUCTION AREA FENCING

STAGING AREA

STAGING AREA ON
STREET

PATRON DROP-OFF ZONE
TOTAL PARKING STALLS: 544
ADA PARKING STALLS: 16
60 PARKING STALLS 0 PARKING STALLS
484 PARKING STALLS
(16 ADA INCLUDED)
EXHIBIT D - IMPROVEMENT PHASINGS Agenda Packet Page 30 of 103 LIBERTY ST.

RICHMOND ST.

FAIRMOUNT AVE

CENTRAL AVE
2 RESTRIPE FOR 10 ADA STALLS
PARCEL
C-WEST
PARCEL
C-EAST

PARCEL B
EINWILLERKUEHL 09/29/2023
PAGE 3 OF 9

PHASING

EL CERRITO BART

PATRON DROP-OFF ZONE

PARCEL D
PARCEL

A-NORTH
PARCEL

A-SOUTH

COMPLETED

BUILDING

CONSTRUCTION AREA
REMOVE 27 PARKING
WITH “X”

TEMPORARY

ACCESS RAMP
Phase Description
125 PARKING STALLS

TEMPORARY

REROUTE ALL BUS

STOPS TO EASTERN
BUSWAY
• Construct Oak
Street Busway
• Restripe ADA
parking in Parcel
D lot
LEGEND

CONSTRUCTION AREA TEMPORARY

ACCESS RAMP

FENCING

STAGING AREA

COMPLETED BUILDING
TOTAL PARKING STALLS: 637
ADA PARKING STALLS: 12

RESTRIPE FOR STANDARD

PARKING
55 PARKING STALLS
(10 ADA INCLUDED)
457 PARKING STALLS
(2 ADA INCLUDED)
EXHIBIT D - IMPROVEMENT PHASINGS Agenda Packet Page 31 of 103 LIBERTY ST.

RICHMOND ST.

FAIRMOUNT AVE

CENTRAL AVE
3A
128 PARKING
STALLS
EINWILLERKUEHL 09/29/2023
PAGE 4 OF 9

PHASING

EL CERRITO BART

PATRON DROP-OFF ZONE

PARCEL D
PARCEL

A-SOUTH

COMPLETED

BUILDING
55 PARKING STALLS
(10 ADA INCLUDED)
PARCEL

A-NORTH
125 PARKING STALLS

CONSTRUCTION AREA
Phase Description

PARCEL B

CONSTRUCTION AREA
PARCEL
C-EAST

STAGING /

LAYDOWN

AREA FOR

PARCEL B
(75’ X 300’)
PARCEL
C-WEST
• Construct Parcel
B and Oak Street
Busway

TEMPORARY

REROUTE ALL BUS

STOPS TO EASTERN
BUSWAY
LEGEND

CONSTRUCTION AREA TEMPORARY

ACCESS RAMP

FENCING

STAGING AREA

COMPLETED BUILDING
TOTAL PARKING STALLS: 308
ADA PARKING STALLS: 10
EXHIBIT D - IMPROVEMENT PHASINGS Agenda Packet Page 32 of 103 LIBERTY ST.

RICHMOND ST.

FAIRMOUNT AVE

CENTRAL AVE
3B
128 PARKING
STALLS
• Construct
Parcel B
• Road closed
EINWILLERKUEHL 09/29/2023
PAGE 5 OF 9

PHASING

EL CERRITO BART

PATRON DROP-OFF ZONE

PARCEL D
PARCEL

A-SOUTH

COMPLETED

BUILDING

STAGING /

LAYDOWN

AREA FOR

PARCEL B
(75’ X 300’)

COMPLETED BUSWAY
59 PARKING STALLS
PARCEL

A-NORTH
125 PARKING STALLS
Phase Description
PARCEL
C-EAST

PARCEL B

CONSTRUCTION AREA
PARCEL
C-WEST
10 ADA PARKING STALLS
LEGEND

CONSTRUCTION AREA TEMPORARY

ACCESS RAMP

FENCING

STAGING AREA

COMPLETED BUILDING
TOTAL PARKING STALLS: 308
ADA PARKING STALLS: 10

CLOSED ROAD
EXHIBIT D - IMPROVEMENT PHASINGS Agenda Packet Page 33 of 103 LIBERTY ST.

RICHMOND ST.

FAIRMOUNT AVE

CENTRAL AVE
4 PARCEL
C-WEST
128 PARKING
STALLS
• Parcel B building
completed
• Construct first
half of Ohlone
Greenway
EINWILLERKUEHL 09/29/2023
PAGE 6 OF 9

PHASING

EL CERRITO BART
PARCEL
C-EAST

COMPLETED BUSWAY

ROAD CLOSED

PATRON DROP-OFF ZONE

PARCEL D
PARCEL

A-SOUTH

COMPLETED

BUILDING

PARCEL B

COMPLETED BUILDING AND GARAGE
139 PARKING STALLS
(6 ADA INCLUDED)
PARCEL

A-NORTH
125 PARKING STALLS
Phase Description

OHLONE GREENWAY

REMAINS OPEN

TEMPORARY

ACCESS RAMP
LEGEND

COMPLETED BUILDING
59 PARKING STALLS
TOTAL PARKING STALLS: 447
ADA PARKING STALLS: 16

TEMPORARY

WALKWAY

FENCING

CONSTRUCTION AREA OHLONE GREENWAY

STAGING AREA

CLOSED ROAD
EXHIBIT D - IMPROVEMENT PHASINGS Agenda Packet Page 34 of 103 LIBERTY ST.

RICHMOND ST.

FAIRMOUNT AVE

CENTRAL AVE
5 COMPLETED BUSWAY
• Build Parcel
C-East building,
adjacent
landscape, and
road
• Construct second
half of Ohlone
Greenway
EINWILLERKUEHL 09/29/2023
PAGE 7 OF 9

PHASING

EL CERRITO BART
PARCEL
C-EAST

CONSTRUCTION AREA
PARCEL

A-SOUTH

COMPLETED

BUILDING

PATRON DROP-OFF ZONE

PARCEL B

COMPLETED BUILDING AND GARAGE
139 PARKING STALLS
(6 ADA INCLUDED)
PARCEL
C-WEST

STAGING / LAYDOWN AREA

FOR PARCEL C-EAST
PARCEL

A-NORTH
125 PARKING STALLS PARCEL D
Phase Description

OHLONE GREENWAY

REMAINS OPEN

MINIMAL CONSTRUCTION

IN EXISTING GREENWAY

TO BE COORDINATED

WITH PATH USE
59 PARKING STALLS
TOTAL PARKING STALLS: 319
ADA PARKING STALLS: 16

TEMPORARY

ACCESS RAMP

COMPLETED BUILDING

TEMPORARY

WALKWAY

FENCING

CONSTRUCTION AREA OHLONE GREENWAY

STAGING AREA
LEGEND
EXHIBIT D - IMPROVEMENT PHASINGS Agenda Packet Page 35 of 103 LIBERTY ST.

RICHMOND ST.

FAIRMOUNT AVE

CENTRAL AVE
6 COMPLETED BUSWAY

PARCEL B

COMPLETED BUILDING AND GARAGE
139 PARKING STALLS
(6 ADA INCLUDED)
• Build Parcel
C-West building
and adjacent
landscape
PARCEL

A-SOUTH

COMPLETED

BUILDING
EINWILLERKUEHL 09/29/2023
PAGE 8 OF 9

PHASING

EL CERRITO BART

COMPLETED BUSWAY

PATRON DROP-OFF ZONE
PARCEL
C-EAST

COMPLETED BUILDING

AND LANDSCAPE
Phase Description

PARCEL D
PARCEL
C-WEST

CONSTRUCTION AREA

STAGING / LAYDOWN AREA FOR

PARCEL C-WEST
59 PARKING STALLS
PARCEL

A-NORTH
125 PARKING STALLS

COMPLETED BUILDING FENCING

CONSTRUCTION AREA OHLONE GREENWAY

STAGING AREA
LEGEND
TOTAL PARKING STALLS: 319
ADA PARKING STALLS: 16

STAGING AREA ON
STREET
EXHIBIT D - IMPROVEMENT PHASINGS Agenda Packet Page 36 of 103 LIBERTY ST.

RICHMOND ST.

FAIRMOUNT AVE

CENTRAL AVE
7 • Remaining
projects are
stand-alone
PARCEL
C-WEST

COMPLETED BUILDING AND

LANDSCAPE
PARCEL
C-EAST

COMPLETED BUSWAY

PARCEL B

COMPLETED BUILDING AND GARAGE
139 PARKING STALLS
(6 ADA INCLUDED)
PARCEL

A-SOUTH

COMPLETED

BUILDING
EINWILLERKUEHL 09/29/2023
PAGE 9 OF 9

PHASING

EL CERRITO BART

COMPLETED BUSWAY

PATRON DROP-OFF ZONE
PARCEL
C-EAST

COMPLETED BUILDING

AND LANDSCAPE
Phase Description

PARCEL D

STATION

IMPROVEMENTS
PARCEL

A-NORTH

COMPLETED BUILDING

STAND-ALONE
TOTAL PARKING STALLS: 139
ADA PARKING STALLS: 6
LEGEND
EXHIBIT D - IMPROVEMENT PHASINGS Agenda Packet Page 37 of 103

AGENDA BILL
Agenda Item No. 7.G.

Date: October 7, 2025
To: El Cerrito City Council
From: Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Subject: Amendment to the Consulting Services Agreement with Ghirardelli Associates for El Cerrito del Norte Transit-Oriented Development Complete Streets Project, City Project No. C4014, Federal Project No.

CML 5239(029)

ACTION PROPOSED
Adopt a resolution authorizing the City Manager to execute an amendment to the Consulting Services Agreement with Ghirardelli Associates (Ghirardelli) to provide additional construction management services for the El Cerrito Del Norte TransitOriented Development (TOD) Complete Streets Improvement Project, City Project No.

C4014, Federal Project No. CML 5239(029) increasing the contract authority by $391,000.

BACKGROUND
The El Cerrito Del Norte TOD Complete Streets Project is implementing multimodal transportation improvements identified in the City’s San Pablo Avenue Specific Plan and Active Transportation Plan. Planned improvements consist of enhanced and new protected crosswalks, new context-sensitive bikeways, bus boarding islands, circulation improvements, and various streetscape enhancements. The project location is around the El Cerrito Del Norte BART Station and spans several streets, including San Pablo Avenue from Ohlone Greenway near the northern city limit to Potrero Avenue, Eastshore Boulevard from Potrero Avenue to San Pablo Avenue, Hill Street from San Pablo Avenue to Liberty Street, Cutting Boulevard from I-80 to Key Boulevard, and Knott Avenue from San Pablo Avenue to Key Boulevard. A significant portion of the Project is on State Route 123, requiring extensive oversight by the California Department of Transportation (Caltrans).

The agreement with Ghirardelli was approved in October 2023. At that time, the City Council authorized the City Manager to execute the agreement in the amount of $1,584,372.83 plus a contingency amount not to exceed $110,000 (Resolution 2023-81, with the correct amount included in the body of the resolution). Construction started in March 2024.

ANALYSIS
Because the project site is within an older urban area, challenges related to unforeseen underground conditions and aging infrastructure are common for roadway projects.

Agenda Packet Page 38 of 103
Agenda Item No. 7.G.

Variables including as-built conditions differing from recorded plans, unknown utilities, buried obstructions, and aging infrastructure with deficiencies, among other factors, arise during construction leading to delays and increased costs. The initial construction timeframe for the project was one year, with planned project completion in Spring 2025.

However, construction is now scheduled to be completed by December 2025.

Encountering these types of conditions has necessitated adaptability, quick decisionmaking, and sometimes redesigns to keep making progress on the project. The construction team—consisting of the designer, construction management consultant, contractor, and City staff—have been working together to adapt, redesign, and valueengineer the project aiming to minimize costs. Despite the construction team's efforts, construction costs will exceed the contract amount previously authorized by the City Council. Specifically, the City's construction management consultant Ghirardelli has provided increased construction engineering efforts to evaluate and implement alternative solutions in a timely manner. The unanticipated issues also disrupted the baseline project schedule, requiring additional resources for field oversight and inspection and evaluating the contractor’s recovery options to minimize delay to critical path work. Without the additional construction management services, the project would face further delays, quality risks, and additional cost escalation. The expanded services have been necessary to maintain progress and complete the project despite the challenges encountered during construction. As a result, the previously authorized contingency amount of $110,000 will be exhausted by September 2025 while construction will continue through December 2025, requiring additional contract authority.

City staff recommends that the City Council authorize the City Manager to execute an amendment to the agreement for an additional amount of $391,000, bringing the total contract authority to $2,085,372.83. Funding for contingencies like these is available in the Fiscal Year 2025-26 Adopted Budget.

City staff anticipate returning to the City Council within the next couple of months to provide an update on the project, delay costs, and budget needs to close out the project.

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

ENVIRONMENTAL CONSIDERATIONS
The El Cerrito Del Norte TOD Complete Streets Improvement Project is a combination of projects identified in the San Pablo Avenue Specific Plan and Active Transportation Plan.

Agenda Packet Page 39 of 103
Agenda Item No. 7.G.

The City Council approved a programmatic Environmental Impact Report and associated Mitigation Monitoring and Reporting Program for the San Pablo Avenue Specific Plan in September 2014, and an Initial Study/Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program for the Active Transportation Plan in April 2016. Both documents were prepared and certified per California Environmental Quality Act (CEQA) Guidelines.

As part of the Caltrans project development process, City staff and consultants prepared a project checklist to confirm that all impacts of the project were sufficiently evaluated in these documents. The mitigation measures identified in both Mitigation Monitoring and Reporting Programs are being implemented as appropriate in order to mitigate any identified environmental impacts of the project under CEQA.

As part of the federal funding requirements, the project was evaluated for compliance with the National Environmental Policy Act (NEPA), which included conducting several environmental studies. City staff and consultants prepared a Categorical Exclusion with Technical Studies. Caltrans is responsible for determining NEPA compliance and approved the NEPA document in March 2022 and revalidation in August 2023.

FINANCIAL CONSIDERATIONS
Funding for the additional contract authority of $391,000 is available in the Fiscal Year 2025-26 Adopted Budget, as amended by the City Council on September 16, 2025, to roll forward Fiscal Year 2024-25 project funding in the amount of $400,000 from the Measure A Street Improvement Fund (211) (Resolution 2025-61).

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

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution
Agenda Packet Page 40 of 103
RESOLUTION 2025-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE

CONSULTING SERVICES AGREEMENT WITH GHIRARDELLI ASSOCIATES (GHIRARDELLI) TO PROVIDE ADDITIONAL CONSTRUCTION MANAGEMENT

SERVICES FOR THE EL CERRITO DEL NORTE TRANSIT-ORIENTED

DEVELOPMENT (TOD) COMPLETE STREETS IMPROVEMENT PROJECT, CITY PROJECT NO. C4014, FEDERAL PROJECT NO. CML 5239(029) INCREASING THE CONTRACT AUTHORITY BY $391,000
WHEREAS, the El Cerrito Del Norte TOD Complete Streets Project (Project) will implement multimodal transportation improvements including enhanced and new protected crosswalks, new context-sensitive bikeways, bus boarding islands, circulation improvements, and various streetscape enhancements as identified in the San Pablo Avenue Specific Plan and Active Transportation Plan, adopted by City Council in September 2014 and April 2016, respectively; and
WHEREAS, the funding plan for the project has been developed over many years beginning in 2016 when the City successfully applied for two grants: One Bay Area Grant Program, Cycle 2 (OBAG 2) federal funds and Contra Costa Transportation Authority (CCTA) Measure J Transportation for Livable Communities Program county sales tax funds; and
WHEREAS, subsequently, the City secured funding for the project from the West Contra Costa Transportation Authority Subregional Transportation Mitigation Program (WCCTAC STMP), State Affordable Housing Sustainable Communities Grant (Mayfair), SB1 Local Partnership Program-Formulaic, Transportation Fund for Clear Air, Safe Routes to BART (SR2B), and City Transportation Impact Fee Program; and WHEREAS, in October 2023, the City Council authorized the City Manager to execute a Consulting Services Agreement with Ghirardelli Associates to provide construction management services for the Project in the amount of $1,584,372.83 and a contingency amount not to exceed $110,000 (Resolution 2023-81); and WHEREAS, during construction, unforeseen underground conditions and aging infrastructure have been encountered and other project elements have been enhanced to address accessibility and final improvements; and
WHEREAS, additional construction management services have been necessary to maintain progress, preserve quality, and deliver the project successfully despite the challenges encountered during the project; and
WHEREAS, by September 2025, the previously authorized contingency amount of $110,000 will be exhausted; and
Agenda Packet Page 41 of 103
WHEREAS, an increase in the City Manager’s contract authority is needed to provide construction management services to complete the Project and funding for this purpose is available in the Fiscal Year 2025-26 Adopted Budget; and WHEREAS, the City Council approved a programmatic Environmental Impact Report and associated Mitigation Monitoring and Reporting Program for the San Pablo Avenue Specific Plan in September 2014, and an Initial Study/Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program for the Active Transportation Plan in April 2016. Both documents were prepared per CEQA Guidelines. As part of the Caltrans project development process, City staff and consultants prepared a project checklist to confirm that all impacts of the Project were sufficiently evaluated in these documents. The mitigation measures identified in both Mitigation Monitoring and Reporting Programs will be implemented as appropriate in order to mitigate any identified environmentalimpacts of the Project under CEQA. As part of the federal funding requirements, the Project was evaluated for compliance with the National Environmental Policy Act (NEPA), which included conducting several environmental studies. City staff and consultants prepared a Categorical Exclusion with Technical Studies. Caltrans is responsible for determining NEPA compliance and approved the NEPA document in March 2022 and revalidation in August 2023.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that it hereby authorizes the City Manager to execute an amendment to the Consulting Services Agreement with Ghirardelli for additional amount of $391,000, bringing the total contract authority to $2,085,372.83, in a form approved by the City Attorney.

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

I CERTIFY that at a regular meeting on October 7, 2025 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:

Carolyn Wysinger, Mayor
Agenda Packet Page 42 of 103

AGENDA BILL
Agenda Item No. 8.A.

Date: October 7, 2025
To: El Cerrito City Council
From: Melanie Mintz, Community Development Director; Cindy Lucas, Interim Assistant Building Official, Community Development Department Subject: Waive First Reading and Introduce an Ordinance Amending the Municipal Code to Adopt by Reference the 2025 California Building Standard Code with Local Amendments and Adoption of Resolution Making Findings In Support of Local Amendments

ACTION PROPOSED
Conduct a public hearing and upon conclusion: 1) Adopt a Resolution which makes findings justifying changes to 2025 California Building Standards Code and 2) Waive first reading and introduce an Ordinance to repeal and replace Chapters 16.02-16.04,

16.06, 16.08, 16.09, 16.20. 16.24, 16.26 and 16.40. of Title 16 (Buildings and Construction) of the El Cerrito Municipal Code in their entirety to adopt by reference the 2025 California Green Code, the Administrative, Building, Fire, Plumbing, Mechanical, Electrical, Energy, Residential, Existing Building Codes, the 2024 International Property Maintenance Code, and Related Construction Codes, and to add the 2025 WildlandUrban Interface Code as Chapter 16.27 of Title 16 as applicable to all construction within the City of El Cerrito, and with local modifications as outlined in the Ordinance.

BACKGROUND
Every three years, the International Code Council (ICC) publishes model building codes for building, fire protection, and other related standards. From these model codes, the California Building Standards Commission, along with the State Fire Marshal and other state agencies, amend and adopt these model codes to create the California Code of Regulations Title 24 (Title 24). Title 24 contains several parts, such as: the California Administrative Code (Part 1), the California Building Code (Part 2, Volumes 1 and 2), the California Residential Code (Part 2.5), the California Electrical Code (Part 3), the California Mechanical Code (Part 4), the California Plumbing Code (Part 5), the California Energy Code (Part 6), the Wildland-Urban Interface Code (Part 7), the California Historical Building Code (Part 8), the California Fire Code (Part 9), the California Existing Building Code (Part 10), the California Green Building Standards Code (Part 11), the California Referenced Standards Code (Part 12) and the International Property Maintenance Code.

Building Standards Code update cycles repeat every three years. The City of El Cerrito is currently enforcing the latest editions of the 2022 California building codes. The most recent State-mandated adoption of the California Building Standards Code (CBSC) was on January 1, 2023. The CSBC for 2025 is to be enforced at the local level and thus must be adopted by January 1, 2026. The 2025 CBSC includes the Fire Code, and for the first time includes the Wildland Urban Interface Code.

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Agenda Item No. 8.A.

The California Health and Safety Code requires local agencies to adopt the building standards contained in these uniform statewide codes but allows local jurisdictions to adopt additional amendments to the CBSC as necessitated by local climatic, geographical, or topographical conditions. As a general rule, any authorized amendments by the City must be at least as stringent as those outlined in Title 24.

However, with the passage of AB 130 on June 30, 2025, which went into effect immediately as a part of the state budget bill, the state created a six-year moratorium (i.e. prohibition for two building code update cycles) on local amendments to building codes that apply to residential units, unless such amendments meet the limited exceptions explicitly stated within the bill. One of the exceptions is that local jurisdictions may still maintain changes or modifications that were previously adopted and are in effect before September 30, 2025. This essentially means that local building code amendments applicable to residential units from the 2022 adoption cycle may continue to be adopted by the City.

The purpose of the City Council’s action on October 7, 2025, is to hold a public hearing and introduce the ordinance that repeals the previously adopted Title 24 and adopt by reference the 2025 edition of the California Code of Regulations, Title 24 with local amendments. If the Council takes action to introduce the ordinance on October 7, 2025, staff will bring the ordinance to Council for final adoption on October 21, 2025. The 2025 California Code of Regulations: Title 24 along with the local amendments, once adopted, will become effective January 1, 2026.

ANALYSIS
A city may establish more restrictive standards in their Building Codes because of local climatic, geological, or topographical conditions. The local modifications proposed for El Cerrito are outlined as findings in the attached Resolution (Attachment 1) and include the following local environmental conditions:

1. Climate Conditions
a. Precipitation and Relative Humidity
b. Temperature
c. Winds

2. Geologic Conditions
a. Seismic

3. Topographic
a. Soils
b. Vegetation
c. Surface Features Buildings and Landscaping
The attached draft ordinance adopting the 2025 CBSC generally represents a continuation of existing City practice with regard to local modifications. It revalidates and readopts the City’s current local amendments and includes El Cerrito’s minor modifications due to local climatic, geologic, and topographic conditions.

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Agenda Item No. 8.A.

The draft ordinance also adds the 2025 California Wildland-Urban Interface Code for adoption as a new Chapter 16.27 into the City’s Municipal Code. It should be noted that the City recently amended Chapter 8.30 of the City’s Municipal Code to designate Fire Hazard Severity zones pursuant to Government Code Section 51179 and to establish procedures for defensible space and home hardening inspections within those zones.

There are minor changes to the reference numbering in the new California Codes, and the proposed ordinance reflects these new reference numbers to ensure that the Municipal Code continues to relate accurately to the California Building Standards Code. Other construction-related California Codes are not included in this ordinance as City staff is not recommending that they be amended. Instead, those Codes will be automatically adopted and enforced as published by the state on January 1, 2026.

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

ENVIRONMENTAL CONSIDERATIONS
This project is exempt from environmental review under the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3), Review for Exemptions – General Rule, in that it can be seen with certainty that there is no possibility for these actions to have a significant effect on the environment. The adoption of Building Codes do not create any physical changes to the environment or approve any projects, but are instead regulatory actions taken by the City.

FINANCIAL CONSIDERATIONS
The cost of implementing the code is included in the City of El Cerrito’s FY 2025-26 Budget. No additional funding is necessary.

LEGAL CONSIDERATIONS
State law requires that the local agency adopt findings for any local modifications to the building standards contained in the CBSC. These findings are included in the attached resolution. The City of El Cerrito is following the general process for adopting another code by reference, pursuant to Government Code section 50022.3. The City Council must determine that the form of this publication is sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter thereof, and the resolution contains a finding to this effect. In addition, the City Clerk is required to keep on file a copy of the codes to be adopted by reference for at least 15 days before the public hearing as well as after its adoption pursuant to Government Code section 6066.

The City Attorney has reviewed and approved the attached draft resolution, ordinance and hearing notice.

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Agenda Item No. 8.A.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution

2. Ordinance

3. Presentation
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RESOLUTION NO. 2025-XX

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

FINDINGS TO SUPPORT LOCAL MODIFICATIONS TO THE STANDARDS CONTAINED IN THE 2025 CALIFORNIA BUILDING STANDARDS CODE, ENACTED AS PART OF ORDINANCE NO. 2025-03 AND DIRECTING CITY CLERK TO

SCHEDULE HEARING AND PUBLISH NOTICE
WHEREAS, Section 17922 of the California Health and Safety Code requires that local agencies adopt Title 24, which is including but not limited to the building standards contained in the California Building Code, the California Fire Code, the California Plumbing Code, the California Mechanical Code, and the California Electrical Code, as such codes are approved by the State Building Standards Commission (collectively, the “California Building Standards Code”); and
WHEREAS, Section 17958.5 of the California Health and Safety Code allows local agencies to enact modifications to those building standards provided that such modifications are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, in compliance with Assembly Bill 130 (2025) (AB 130), amendments adopted herein were previously adopted for the 2022 Building Standards Code adoption cycle and were previously filed with the Building Standards Commission by the City, and are currently in effect; therefore, they meet the exception under AB 130 which allows for local changes or modifications that were previously adopted, filed, and in effect before September 30, 2025; and
WHEREAS, Section 17958.7 of the California Health and Safety Code further provides that a local agency which enacts modifications to those building standards must adopt findings which tie those modifications to such local climatic, geological or topographical conditions; and
WHEREAS, the El Cerrito City Council has considered whether certain modifications to the building standards contained in the California Building Standards Code are necessary in El Cerrito due to local climatic, geological, or topographical conditions.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito does hereby adopt the following findings in conformance with its obligations under Section 17958.7 of the California Health and Safety Code:

I. The City of El Cerrito is subject to the following climatic, geological and topographical conditions:

A. Climatic Conditions
General Conditions
The seasonal climatic conditions during late summer, fall, and early winter create serious difficulties regarding the control of and protection against fires in El Cerrito.

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The hot, dry weather typical of this area in the summer and fall, and the extreme dryness of fuel stands in the early winter, coupled with wind, temperature and precipitation conditions outlined below frequently cause fire events which threaten the City.

1. Precipitation and Relative Humidity
(a) Conditions
Precipitation ranges from 15 to 24 inches per year with an average of 18 inches per year. Ninety-five percent of all rainfall occurs during the seven months of October through April and only five percent occurs from May through September. The dry season is considered to last at least six months in this area, where typically 0.8 percent of the annual rainfall occurs in any given month during this period. In addition, the Northern California area is subject to recurrent periods of drought lasting for several years. Relative humidity remains in the middle range most of the year with 45 to 65 percent occurring during the spring, summer and fall, and a wider range of 60 to 90 percent in the winter. Occasionally, the relative humidity falls as low as 12 percent during temporary changes in climate and wind direction. Such low humidity periods can occur any time of year. Coastal fog, on the other hand, can raise humidity especially during night hours.
(b) Impact
During the dry season generally and during occasional periods of low humidity, burning conditions are worse than normal. Such weather conditions cause extreme dryness in combustible material including untreated wood shakes and shingles on buildings, wood siding, and combustible building materials. Non-irrigated grass, brush, and weeds, which are often near buildings, are also subject to extreme drying. Extremely dry, combustible materials are vulnerable to rapidly spreading exterior fires which can quickly transfer to other buildings by means of radiation or flying brands, sparks, or embers. Under such conditions, a small fire can rapidly grow in magnitude beyond the capabilities of the fire department to control. Such fires produce excessive fire loss that has a negative impact on the quality of life in the community.

2. Temperature
(a) Conditions
Temperatures have been recorded as high as 106°F. Seasonal highs over 90°F can be sustained for several days in a row.
(b) Impact
High temperatures cause rapid fatigue and heat exhaustion of firefighters, reducing their effectiveness and ability to control large building and wildland fires. High temperatures will preheat combustible building materials and non-irrigated weeds, grass and brush causing their materials to ignite readily and burn more rapidly and intensely. In addition, a series of local ridges and valleys produce differences in solar heating of fuels which increase the probability of erratic fire behavior, including area-wide Agenda Packet Page 48 of 103
ignition and "blow-up" conditions. Higher air and fuel temperatures increase the rate of fire spread and reduce the effectiveness of water applied to extinguish fires. Additional fire department resources and water will be required for timely and effective suppression of fires. Temperature has a direct relationship to the intensity and size of fires.

3. Winds
(a) Conditions
Prevailing winds in the area occur from the west or southwest. Off shore winds from the northeast and east, known locally as Diablo winds, frequently occur during the summer and fall and are prevalent during periods of hot, dry weather. Virtually any time during the year a climatic pattern of strong, steady, dry winds can occur for several days in succession, creating extremely dry conditions. Hillside elevation differences are ideal for the creation of localized up slope or down slope winds, which follow ridgelines or canyon valleys. Because of these topographic variables, winds can be experienced from virtually every direction depending on location and surrounding climatic conditions. Wind velocities range generally from 15 to 25 mph, with typical gusting to 35 mph. Severe storm gusts have been recorded as high as 80 mph. Westerly afternoon winds are common. Forty mph winds are experienced occasionally during extreme fire weather conditions. In rare circumstances, both on shore and off shore breezes up to 55 mph have been registered locally during non-storm conditions. (b) Impact
Local winds can cause water intrusion and structural deterioration to building components, this deterioration may facilitate a premature structural building collapse. These local winds cause interior and exterior fires to burn intensely and spread rapidly. Wind driven fires involving non-irrigated weeds, grass and brush can grow to a magnitude and intensity beyond the capabilities of the fire department to control. Even relatively moderate winds can cause extreme and erratic fire behavior. Prevailing winds generally align with local topographical features creating ideal avenues for uphill fire spread. Wind driven fires can move uphill or downhill with great speed. When wind driven fires are not controlled they can spread from property to property and threaten the entire community.

Summary
The local climatic conditions created by precipitation patterns, temperature and wind conditions combine to affect the rate of acceleration, intensity, and magnitude of fire in the community. Periods with little or no rainfall, low humidity and high temperatures create extreme fire hazard conditions. Temperature extremes can create intense and erratic fire behavior. Local winds can have a tremendous impact on fire intensity, growth, and spread. Winds can carry sparks and burning brands to other areas up to one-mile away thus spreading fire and causing conflagrations. In building fires and fires at the bottom of canyons, winds can literally create a "blow torch" effect, which concentrates heat and resists control efforts.

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B. Geologic Conditions
General Conditions
The geologic features of the local area create conditions that leave the area vulnerable to local flooding, earthquakes, land sliding, restricted access and conflagration. These events create serious difficulty regarding the control of and protection against fires in El Cerrito. Local flooding conditions can impede the ability of the fire department to aid or assist in fire control, evacuations, rescues and other emergency tasks. Among the potential effects of earthquake activity are isolation of neighborhoods or the entire community, loss of water sources and conflagration. Seismic events and landslides may isolate El Cerrito from surrounding communities and restrict or eliminate internal circulation by rendering surface travel difficult or impossible.

Topographic features present multiple problems in the delivery of emergency services including fire protection.

1. Seismic
(a) Conditions
El Cerrito is located in a High Risk Seismic Zone, the worst risk rating in the United States. Buildings and other structures in High Risk Zones can experience major damage as the result of a seismic event. Contra Costa County is in close proximity to the San Andreas Fault and contains all or portions of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, Rogers and other lesser faults. The Hayward and Calaveras faults have been identified as likely sites for a major seismic event in the 7 + Richter scale range within the next 25 years. Minor seismic events have been localized in the El CerritoBerkeley area.

Much of the transportation infrastructure is built upon soils classified as subject to liquefaction or landslide. San Pablo Avenue, a major north-south route through the city, is subject to liquefaction. Arlington Blvd., the other main north-south route, is subject to damage from landslide. Potrero, Moeser and Stockton Avenues, primary east-west routes, are all subject to damage from landslide. Damage to these roadbeds would have a significant negative impact on response times.

Earthquakes of the magnitude experienced locally can cause major damage to electrical transmission facilities which in turn cause power failures while at the same time starting fires throughout the city. The simultaneous occurrence of multiple fires will quickly disperse available fire department resources, thereby reducing and delaying an emergency response to any additional fires. An electrical power outage would incapacitate elevators, building smoke management systems, lighting systems, alarm systems and other electrical equipment. Since these are urgently needed to assist evacuation and fire control in large buildings there is increased expectation of life loss and major fire losses in such larger buildings.

A seismic event powerful enough to damage roadways would also damage other utility systems such as water mains, natural gas pipelines and telephone lines. The East Bay Municipal Utilities District anticipates seismic disruption of water Agenda Packet Page 50 of 103
service. Damage to these systems would have a negative impact on the service delivery capabilities of local emergency services.
(b) Impact
The above listed local geologic conditions increase accessibility problems and fire hazards in the City of El Cerrito. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Hazardous materials, particularly toxic gases, could pose the greatest threat to a larger number of citizens should a leak occur during a significant seismic event. Public safety resources would have to be prioritized to meet the greatest threat and may be unavailable for smaller structure fires in dwellings or other structures. Smaller fires may grow to conflagration proportions. Other factors can intensify the situation:
1) The extent of damage to the water system;
2) The extent of isolation due to bridge or freeway
overpass collapse;
3) The extent of roadway damage or amount of debris
blocking the roadway;
4) Climatic conditions (hot, dry weather with high winds); 5) Time of day will influence the amount of traffic on
roadways and could intensify the risk to life during
normal business hours;
6) The availability of timely mutual aid or military
assistance;
7) Dwellings with wood shingle roof coverings could burn and result in conflagrations.

Summary
The local geologic conditions leave the city vulnerable to emergency conditions created by local flooding, earthquakes, landslide, and conflagration. Local flooding from the drainages and slopes of the East Bay Hills could result in conditions rendering the roads impassible. Earthquakes can occur at anytime. Earthquakes can isolate the community or significant portions of the community, cause loss of water sources used to provide fire protection and cause injury or rescue situations, which could then overtax the available resources to respond to new fires. Land movement can impair, restrict or deny emergency access to significant portions of the city. Geologic features and conditions can make firefighting strategy and tactics difficult at best. When coupled with prevailing climatic and topographic conditions, the City is at risk to conflagration at any time and is extremely vulnerable during or after a triggering event such as earthquake, floods, landslide or fire.

C. Topographic
General Conditions
The topographic features of the city increase the difficulty of fighting fires Steep hillsides, ridges and deep, well-defined canyons are subject to fires that, in those areas, are easily influenced by wind and weather. Steep canyons are subject to rapid-fire Agenda Packet Page 51 of 103
spread, spot fires and area ignition. Fire growth controlled by topographic features (topography-driven fires) is subject to erratic fire behavior including blowups, fire whirls, and sudden changes in fire front direction. On the other hand, certain topographic features such as moist or sparse vegetation conditions, surface features, and man-made improvements such as roads have a dampening influence on erratic fire behavior.

1. Soils
(a) Conditions
The area is replete with various soils, which are unstable: clay loam, unconsolidated fills, and alluvial fans are predominant. These soil conditions are moderately to severely prone to swelling and shrinking and are plastic and tend to liquefy.

Large hillside portions of the city are subject to landslide, slumping and collapse. (b) Impact
Throughout El Cerrito the topography and the pattern of growth and development have created a network of aging, narrow roads which limit access to some neighborhoods even in the best conditions. These roads are subject to damage and closure from mud and rock-slides caused by earthquakes, storms or erosion. Unstable soils can slip causing trees, power poles and lines, or other obstructions to close roadways. Any significant seismic or weather event can close roadways isolating residential subdivisions.

2. Vegetation
(a) Conditions
Highly combustible dry grass, weeds and brush are common six to eight months of each year in the hilly and open space areas adjacent to built-up locations. Many of these areas have experienced wildland fires, which have threatened nearby buildings; particularly those with wood roofs or siding. The City Council has designated areas of the city as Very High Fire Hazard Severity Zones (VHFHSZ) and has adopted vegetation management standards for these areas. Many residential areas border parklands, which contain vegetation fire hazards.
(b) Impact
Combustible dry grass, weeds and brush contribute to a recognized conflagration hazard. City programs like the vegetation management program, the Hillside Natural Area Fire Hazard Reduction Program and strict fire code enforcement have reduced but not eliminated the threat of conflagration due to rapid fire spread in vegetation stands. Should active fire become established in vegetation stands, this growing fire could rapidly overcome fire department control efforts.

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3. Surface Features
(a) Conditions
The arrangement and location of natural and man-made surface features, including hills, valleys, creeks, roadways, housing density, commercial areas, and fire stations combine to limit feasible emergency response routes to certain areas. (b) Impact
The arrangement and location of natural surface features produce an area very similar to those conditions found in the Oakland-Berkeley hills prior to their conflagration of October 1991. Surface features can easily produce fires of great magnitude or with erratic fire behavior that could threaten the entire community.

4. Buildings and Landscaping
(a) Conditions
Many commercial buildings and apartment complexes have building and landscape features, which preclude or greatly limit the operational access of fire department vehicles. There are many concentrations of houses and other buildings with untreated wood shake or shingle roofs or siding in the City which are within 10 feet of each other. There are many such buildings to which access to all but one side is virtually impossible due to landscaping, fences, electrical transmission lines, slopes or other buildings.
(b) Impact
When Fire Department vehicles cannot gain access to buildings on fire, there is a high potential for complete loss. Difficult access to a fire site often requires that personnel must carry equipment for long distances. Such operations quickly exhaust fire personnel and reduce the effective number of personnel available for suppression.

Access problems often result in severe delays, the misdirection of fire and smoke control efforts, or the failure to make a timely fire attack.

Summary
The above listed local topographical conditions increase accessibility problems and fire hazards in the City of El Cerrito. Should a significant emergency occur, such as an area wide conflagration, public safety resources would be prioritized to mitigate the greatest threat and may likely remain unavailable for smaller single dwelling or structure fires. Other variables may intensify the situation:
1) The extent of damage to the water system;
2) The extent of isolation due to bridge and/or freeway overpass collapse;
3) The extent of roadway damage and/or amount of
debris blocking the roadways;
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4) Climatic conditions (hot, dry weather with high winds); 5) Time of day will influence the amount of traffic on
roadways and could intensify the risk to life during
normal business and commute hours;
6) The availability of timely mutual aid or military
assistance;
7) The large proportion of dwellings with wood single roof coverings could result in conflagrations.

D. Conclusion
Based on the local climatic, geologic, and topographic conditions outlined above, there is a real risk of damage to the community from a disaster. A seismic event can cause structural damage to buildings and utility infrastructure; storm flooding and high winds may increase the damages. Any of these conditions may negatively affect fire prevention efforts by increasing the frequency, spread, acceleration, intensity, and size of fires involving buildings in this community. Further, these conditions will increase the potential damage to all structures occurring from any earthquake and subsequent fire. It is found, therefore, to be reasonably necessary that the California Fire Code and the State Building Standards Code are changed or modified to mitigate the effects of the above conditions.

II. Pursuant to Sections 17958.5 and 17958.7 of the State of California Health and Safety Code, the City Council of the City of El Cerrito makes the finding that changes, modifications, and amendments to the 2025 Edition of the California Building Standards Codes are needed and are reasonably necessary because of certain local climatic, geologic and topographic features and conditions as described in Section I above, and that those features and conditions, under certain circumstances, affect delivery of emergency services. The amendments to the California Building Standards Codes are enacted to mitigate the impact of those local features and conditions by (i) preventing the chance of accident or injury by requiring standards more stringent than required by the current codes; and (ii) requiring additional built-in automatic fire protection systems which will provide for early detection and initial fire control.

III. The following changes and/or modifications to the 2025 California Building Standards Code are found to be necessary to mitigate the impacts caused by the local climatic, geologic and topographic conditions and are listed as follows:

Municipal Code Section CBC Section Findings in Section 1

16.02.020 105.2 (4) A, B, C, D

16.02.030 107.6 B.1, C.1

16.02.040 107.3 A, B, C, D

16.02.050 114.1.1 A, C.2, C.4

16.02.060 117 A, C.2, C.4

16.02.070 501.2 A, C.2, C.4

16.02.080 903.2 A, C.2, C.4

16.02.090 904.3.5 A, C.2, C.4

16.02.100 905.3 A, C.2, C.4

16.02.110 1705.3 B, C

16.02.120 1905.1.7 B, C
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16.02.130 Chapter 23 A, C.2, C.4

16.02.140 2304.12.1.5 A, C.2, C.4

16.02.150 2505 A, C.2, C.4

16.02.160 Chapter 1, Section 110.7 A, C

16.02.170 Appendix G, Section 102.3 A, B, C

16.02.180 1202.7 A.1, A.3

16.02.190 1403.14 A.1, A.3

16.02.200 2303.12.2.3 A.1, A.3

16.02.210 2303.12.2.4 A.1, A.3

16.02.220 2304.12.2.5 A.1, A.3

16.02.230 705A.1 A, C.2, C.4

16.03.020 R105.2 A,B,C,D

16.03.030 R106.2.1 B1, C1

16.03.040 R106.3.1 A,B,C,D

16.03.050 R113.5 A,C2,C4

16.03.060 R115 A,C2,C4

16.03.068 R310.1 A, B, C, D

16.03.070 R319.1 A,C2,C4

16.03.080 R322.1 A,B,C

16.03.090 R402.1 A,C2,C4

16.03.100 R602.10.4
And/Table R602.10.3(3)
A,C2,C4

16.03.110 R703.6 A,C2,C4

16.03.120 R902.1 A,C2,C4

16.03.130 R902.1.2 A,C2,C4

16.08.040 Article 230.70(A)(1) A, C.2, C.4, D

16.09.010 IEBC App 3A & 4A B,C

16.09.030 405 B, C

16.26.010 Appendix D B, C

16.26.020 1.1.1.2 A, C.2, C.4, D

16.26.030 1.1.8 A, C.2, C.4, D

16.26.040 1.11.1 A, C.2, C.4, D

16.26.050 102.1 A, C.2, C.4, D

16.26.060 102.9 A, C.2, C.4, D

16.26.070 104.1 A, C.2, C.4, D

16.26.080 104.1.1A and 104.1.1B A, C.2, C.4, D

16.26.090 104.9 A, C.2, C.4, D

16.26.100 105.1.1 A, C.2, C.4, D

16.26.110 105.6 A, C.2, C.4, D

16.26.120 109 A, C.2, C.4, D

16.26.130 202 A, C.2, C.4, D

16.26.140 202 A, C.2, C.4, D

16.26.150 202 A, C.2, C.4, D

16.26.160 321 A, C.2, C.4, D

16.26.170 401.5 A, C.2, C.4, D

16.26.180 503, 504, 505, and 507 A, C.2, C.4, D

16.26.190 603.6 A, C.2, C.4, D

16.26.200 903.2 A, C.2, C.4, D

16.26.210 903.2 A, C.2, C.4, D
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16.26.220 905.3.1 A, C.2, C.4, D

16.26.230 907.2 A, C.2, C.4, D

16.26.240 907.8.2 A, C.2, C.4, D

16.26.250 1010.1.10 A, C.2, C.4, D

16.26.260 1028.5 A, C.2, C.4, D

16.26.270 5004 A, C.2, C.4, D

16.26.280 5004.1 A, C.2, C.4, D

16.26.290 5304.2 A, C.2, C.4, D

16.26.300 5601.1.1A A, C.2, C.4, D

16.26.310 5704.2.11.5 A, C.2, C.4, D

16.26.320 5704 A, C.2, C.4, D

16.26.330 5803A A, C.2, C.4, D

16.26.340 6103.2.1.7 A, C.2, C.4, D

16.26.350 6104.2A A, C.2, C.4, D
The aforementioned amendments have been incorporated in detail in Ordinance 2025-03.

BE IT FURTHER RESOLVED that the City Council of the City of El Cerrito does hereby direct the City Clerk to schedule a public hearing for consideration of Ordinance No. 2025-03 to be held October 21, 2025, at 6:00 p.m. at the City Council Chambers, and to confirm a notice of such hearing has been published in accordance with Government Code Section 50022.3; and that such notice state that the purpose of the ordinance is to adopt the 2025 California Building Standards Code (including the Fire Code) and the California Housing Regulations, with modifications to address unique local conditions.

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

I CERTIFY that at a regular meeting on October 7, 2025 the City Council of the City of El Cerrito passed this Resolution by the following vote:

AYES
NOES
ABSTAIN:

ABSENT:

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:
________________________
Carolyn Wysinger, Mayor
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ORDINANCE NO. 2025-03
AN ORDINANCE OF THE CITY OF EL CERRITO AMENDING TITLE 16 OF THE EL

CERRITO MUNICIPAL CODE TO ADOPT, WITH MODIFICATIONS TO ADDRESS UNIQUE LOCAL CONDITIONS, THE 2025 EDITION OF THE CALIFORNIA GREEN BUILDING CODE, THE 2025 EDITION OF THE CALIFORNIA BUILDING CODE (BASED ON THE 2024 INTERNATIONAL BUILDING CODE), VOLUMES 1 AND 2, INCLUDING SEVERAL APPENDICES THERETO, THE 2025 CALIFORNIA FIRE CODE (BASED ON THE 2024 INTERNATIONAL FIRE CODE), INCLUDING ALL APPENDICES THERETO, THE 2025 EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE, THE 2025 EDITION OF THE CALIFORNIA RESIDENTIAL CODE (BASED ON THE 2024 INTERNATIONAL RESIDENTIAL CODE) WITH SOME APPENDICES, THE 2025 EDITION OF THE CALIFORNIA EXISTING BUILDING CODE (BASED ON THE 2024

INTERNATIONAL EXISTING BUILDING CODE) INCLUDING SOME APPENDICES, THE 2025 CALIFORNIA PLUMBING CODE (BASED ON THE 2024 UNIFORM PLUMBING CODE), THE 2025 CALIFORNIA MECHANICAL CODE (BASED ON THE 2024 UNIFORM MECHANICAL CODE), THE 2025 CALIFORNIA ELECTRICAL CODE (BASED ON THE 2023 NATIONAL ELECTRICAL CODE), THE 2025 WILDLAND URBAN INTERFACE CODE, (BASED ON THE 2024 INTERNATIONAL WILDLAND URBAN INTERFACE CODE) AND THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE .

The City Council of the City of El Cerrito does hereby ordain as follows:

DIVISION I. That certain documents, copies of which are on file and are open for inspection by the public in the office of the Building Official of the City of El Cerrito, being marked and designated as the California Building Standards Code, 2025 Edition, comprising Title 24, Parts 1, 2 (Vol. 1 and 2), 2.5, 3, 4, 5, 6,7, 9,10, 11, and 12 California Code of Regulations, together with all appendices thereto and the California Housing Law Regulations, are hereby adopted, with certain modifications to reflect unique local conditions, as contained in the Municipal Code of the City of El Cerrito for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures in the City of El Cerrito. Each and all of the regulations, provisions, conditions, and terms of such California Building Standards Code, California Housing Law Regulations, all of which are on file in the office of the Building Official are hereby referred to, adopted and made a part hereof as if fully set out in this ordinance. The application and use of the Appendices in the California Building Standards Codes and California Fire Code are adopted individually and are subject to approval of the Building Official and Fire Chief respectively.

The City Council of the City of El Cerrito further ordains as follows:

DIVISION II. TITLE 16, CHAPTER 16.02., ORDINANCE NO. 2022-03, (CALIFORNIA

BUILDING CODE) OF THE EL CERRITO MUNICIPAL CODE IS HEREBY REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING CHAPTER 16.02, TITLED “CALIFORNIA BUILDING CODE”:

Agenda Packet Page 57 of 103
Chapter 16.02

CALIFORNIA BUILDING CODE
Sections:

16.02.010 California Building Code - Adoption

16.02.020 Chapter 1 Subsection 105.2 (4) Amended - Exempted Work

16.02.030 Chapter 1 Section 107.6 Added - Garage, Carport and Driveway Grades

16.02.040 Chapter 1 Subsection 107.3 Amended - Examination of Documents

16.02.050 Chapter 1 Section 114.1.1 Added - Littering of Streets

16.02.060 Chapter 1 Section 117 Added - General Regulation of Construction

16.02.070 Chapter 5 Section 501.2 Amended – Address Identification

16.02.080 Chapter 9 Subsection 903.2 Amended - Automatic Fire-Extinguishing Systems

16.02.100 Chapter 9 Subsection 905.3.1 Amended - Standpipe Requirements

16.02.110 Chapter 17 Subsection 1705.3Amended – Required Special Inspections and Tests

16.02.120 Chapter 19 Subsection 1905.1.8 Amended - Modifications to ACI 318

16.02.130 Chapter 23 Subsections 2308.10.4 and 2308.10.5 and tables 2308.10.1 and 2308.10.3(1) Amended – Wood

16.02.140 Chapter 23 Subsection 2304.11.2.6 Amended – Wood Siding

16.02.150 Chapter 25 Section 2505 Deleted – Shear Wall Construction

16.02.160 Chapter 1, Section 110.7 Added - Storm Water Control

16.02.170 Appendix G Subsection G102.3 Added – Flood Resistant Construction

16.02.180 Chapter 12, Section 1202.7 Added – Ventilation of weather exposed assemblies

16.02.190 Chapter 14, Section 1403.15 Added – Projections exposed to weather.

16.02.200 Appendix G Subsection G102.3 Added – Flood Resistant Construction

16.02.210 Chapter 23, Section 2304.12.2.4 Amended – Laminated timbers

16.02.220 Chapter 23, Section 2304.12.2.4 Amended – Supporting members for permeable floors and roofs.

16.02.010 California Building Code - Adoption.

The Building Code for the City, sometimes referred to as “the CBC,” is the 2025 California Building Code, incorporating Volumes 1 and 2, (based on the International Building Code, 2021 Edition), including Appendix chapters G, and J, as approved by the California Building Standards Commission, and as published in Title 24, Part 2, Volumes 1 and 2 of the California Code of Regulations.

16.02.020 Chapter 1 Subsection 105.2 (4) Amended - Exempted Work Subsection 105.2(4) of the CBC is amended to read:

4. Retaining walls which do not retain more than thirty (30) inches of earth when the earth retained is level and where there is no surcharge load and retaining walls which do not retain more than two (2) feet of earth when the earth retained is sloping not greater than 2h:1v and there is no surcharge load. The above does not apply to retaining walls impounding Class I, II, or IIIA Liquids. See CBC Section 2304.12.5 for treatment of wood used for retaining walls.

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16.02.030 Chapter 1 Section 107.6 Added -Garage, Carport & Driveway Grades Section
107.6 is added to the CBC, to read as follows:

Section 107.6 Garage, Carport and Driveway Grade Requirements. (a) Garage and carport floors shall be concrete.
(b) Any person to whom a building permit has been issued shall, where established, obtain official line and grade information as required in Section

13.20.150 of the City Code prior to the construction of foundations or footings for carports and garages.
(c) When official line and grade has not been established, it shall be the responsibility of that person to provide such information as required by City Engineer to establish lines and grades.
(d) Any person to whom a building permit has been issued shall construct the finish floor of carports and garages to an elevation which shall conform to the official driveway data as set forth on plan LL-1031 on file with the City Engineer.

16.02.040 Chapter 1 Subsection 107.3 Amended - Examination of Documents Subsection 107.3.1.1 is added to the CBC, to read as follows:

Review by Fire Chief. Whenever application is made for a building permit, as required by the CBC, the Building Official shall withhold issuance of the building permit until notification from the Fire Chief that all plans required by the California Fire Code (chapter

16.26 of this title) have been reviewed and approved, and that the requirements specified in Section 16.26 have been met.

16.02.050 Chapter 1 Section 114.1.1 Added - Littering of Streets Section 114.1.1 is added to the CBC, to read as follows:

Section 114.1.1 - Littering of Streets
It shall be unlawful for any person to excavate, dig or move dirt, rock, or other substances so as to allow fragments thereof from being thrown or dropped against or upon lots or buildings, or upon any public right-of-way. Any person dropping such material or tracking dirt, mud, or rocks from private property upon any public right-of-way shall immediately cause the same to be removed. Transportation of dirt and rock requires a permit obtained pursuant to chapter 13.24 of the El Cerrito Municipal Code.

16.02.060 Chapter 1 Section 117 Added - General Regulation of Construction Section 117 is added to the CBC, to read as follows:

Section 117 - General Regulation of Construction
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(a) Work may be prohibited during inclement weather upon the order of the City Building Official.
(b) The hours of work shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturday.

Work shall be prohibited on Sundays and Holidays. Work hours in the public rightof-way shall be regulated by Public Works Department. (c) Work must be controlled to prevent causing a public nuisance such as dust, noise, vibrations, uncontrolled storm water runoff, and traffic congestion.

16.02.070 Chapter 5 Section 501.2 Amended – Address Identification Section 502.1 of the CBC is amended to read as follows:

Section 502.1 – Address Identification.
a) The city shall keep on file a description of the method to be used in the assignment of street address identification numbers. This method shall be approved by Council resolution and shall be available for inspection by any member of the public.
b) Every main structure or building constructed, altered, repaired, or moved into the city shall be assigned a street identification number by the Building Official.
c) Numbers identifying the street address shall be placed on the street side of the building or structure in such manner as to be plainly visible from the street or public way. Identification numbers shall be a minimum of four (4) inches in height with minimum ½” stroke width for residential, and six (6) inches in height with minimum 1” stroke width for commercial buildings, and of a color to contrast with the surrounding color. Numbers shall be installed prior to final inspection and occupancy of the building or structure. d) The premises street address shall be internally or externally illuminated to the satisfaction of the Building Official.
e) Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. f) Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole, or other approved sign or means shall be used to identify the structure.
g) The owner shall be responsible for the maintenance of identification numbers.

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h) Any change of the assigned street identification number must be approved by the Building Official.
i) Every owner or occupant of any building or structure not numbered in accordance with the provisions of this section shall, within ten (10) days after notice given by the City change the number of such building or structure to the number specified in the notice.

16.02.080 Subsections 903.2 Amended - Automatic Fire-Extinguishing Systems Subsection 903.2 of the CBC is amended to add:
a) In every building where the total floor area exceeds 5,000 square feet. b) In every building having three (3) or more stories.

16.02.100 Subsection 905.3 Amended - Standpipe Requirements Subsection 905.3 is amended by adding the following:

Standpipes shall be required in all buildings three (3) stories in height in addition to other requirements in this section, or when required by the Fire Chief.

16.02.110 Subsection 1705A.3 Amended – Required Special Inspections and Tests
CBC Subsection 1705A.3, Concrete Construction is amended to read as follows:
1705.3 Concrete Construction. Special inspections and tests for concrete construction shall be performed in accordance with this section and TABLE 1705A.3.

Exceptions: Special inspections and tests shall not be required for:

1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pound per square inch (psi) (17.2 Mpa).

16.02.120 Subsection 1905.1.7 Amended – Modifications to ACI 318 Section 1905.1.7 ACI 318, section 14.1.4 Delete ACI 318, section 14.1.4, and replace with the following:

14.1.4 - Plain concrete in structures assigned to seismic design category C, D, E or F.

14.1.4.1 - Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:

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(a) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.

Exception: In detached one and two-family dwelling three stories or less in height, the projection of the footing beyond the face of the supported member is permitted to exceed the footing thickness. (b) Plain concrete footing supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than

0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.

Exception: In detached one and two-family dwellings three stores or less in height and constructed with stud bearing walls, plain concrete footings with at least two continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area of less than

0.002 times the gross cross –sectional area of the footing.

16.02.130 Chapter 23 Amended – Wood
The following tables 2308.10.1 and 2308.10.3(1) and sections 2308.10.4 and 2308.10.5 are amended to read as follows:

Table 2308.10.1- Wall Bracing Requirements
Remove “PCP” and “GB” from the table column under the heading of “Bracing method” and remove footnotes “c” and “d” and any other references to “Portland Cement Plaster” and/or “Gypsum board”.

Table 2308.10.3(1)- Bracing Methods
Under column “Methods, Material”, remove rows “GB Gypsum board (double sided)” and “PCP Portland cement plaster” from table.

Section 2308.10.4 - Braced wall panel construction
Remove reference to “PCP” from text.

Section 2308.10.5 – Alternative bracing is deleted and replaced with the following:
2308.10.5 Alternate Bracing
An alternate braced wall (ABW) or a portal frame with hold-downs (PFH) described in this section is permitted to substitute for a 48-inch (1219 mm) braced wall panel of Method DWB, WSP, SFB, PBS, or HPS.

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16.02.140 Subsection 2304.12.1.5 Amended – Wood Siding
Subsection 2304.12.1.5 of the CBC is amended to add the following sentence at the end thereof:

Siding Materials: Wood shingles or shakes shall be Class B or better which comply with ASTM E108 or UL 790, except that in very high fire hazard severity zones, no wood shake or shingle siding shall be permitted regardless of class designation. See section 8.30.030 of the El Cerrito Municipal Code for roofing standards in very high fire hazard severity zones.

16.02.150 Section 2505 Deleted – Shear Wall Construction Section 2505 of the CBC on the use of gypsum or lath and plaster for shear wall construction is deleted in its entirety.

16.02.160 Chapter 1, Section 110.7 Added - Storm Water Pollution Control Measures
Chapter 1 Section 110.7 is added to the CBC to read as follows:

Storm water pollution control measures shall be implemented during all construction phases of development to prevent pollution from entering waterways. Specific practices of the California Stormwater Quality Association (CASQA) Construction Best Management Practices Handbook shall be incorporated herein.

16.02.170 Appendix G Subsection G102.3 Added – Flood Resistant Construction
Section G102.3 is added to the CBC, to read as follows:

Section G102.3 - Construction in Special Flood Hazard Area Construction within special Flood Hazard Areas must comply with chapter 13.40 of the El Cerrito Municipal Code.

16.02.180 Chapter 12, Section 1202.7 Added – Ventilation of weather exposed assemblies
Chapter 12, Section 1202.7 is added to the CBC to read as follows:

Balconies, landings, decks, stairs, and similar exterior projecting elements and appurtenances exposed to the weather and sealed underneath shall have cross ventilation for each separate enclosed space by ventilation openings protected against the entrance of rain or snow. Blocking and bridging shall be arranged so as not to interfere with the movement of air. The net free ventilation area shall not be less than1/150th of the area of the space ventilated. Ventilation openings shall comply with Section 1203.2.1.

An access panel of sufficient size shall be provided on the underside of the enclosed space to allow periodic inspection.

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Exceptions:

1. An access panel is not required where the exterior coverings applied to the underside of the joists are easily removable using ordinary tools.

2. Removable soffit vents 4 inches minimum in width may be used to satisfy both ventilation and access panel requirements.

16.02.190 Chapter 14, Section 1403.15 Added – Projections exposed to weather.

Chapter 14, Section 1403.15 is added to the CBC to read as follows:

Balconies, landings, decks, stairs and similar floor projections exposed to the weather shall be constructed of naturally durable wood, preservative-treated wood, corrosion resistant (e.g. galvanized) steel, or similar approved materials.

16.02.200 Chapter 23, Section 2304.12.2.3 Amended – Supporting members for permanent appurtenances.

Chapter 23, Section 2303.12.2.3 of the CBC is amended to read as follows:

Naturally durable or preservative-treated wood shall be utilized for those portions of wood members that form the structural supports of buildings, balconies, porches, or similar appurtenances where such members are exposed to the weather.

16.02.210 Chapter 23, Section 2304.12.2.4 Amended – Laminated timbers Chapter 23, Section 2304.12.2.4 of the CBC is amended to read as follows:

The portions of glued-laminated timbers that form the structural supports of a building or other structure, projecting element, or appurtenance and are exposed to weather shall be pressure treated with preservative or be manufactured from naturally durable or preservative-treated wood.

16.02.220 Chapter 23, Section 2304.12.2.4 Amended – Supporting members for permeable floors and roofs.

Chapter 23, Section 2304.12.2.4 of the CBC is amended to read as follows:

Wood structural members that support moisture-permeable floors and roofs that are exposed to the weather, such as concrete or masonry slabs, shall be of naturally durable or preservative wood and shall be separated from such floors or roofs by an impervious moisture barrier. The impervious moisture barrier system protecting the structure supporting floors shall provide positive drainage of water that infiltrates the moisturepermeable floor topping.

DIVISION III. TITLE 16, CHAPTER 16.03., ORDINANCE NO. 2022-03, (CALIFORNIA

RESIDENTIAL CODE) OF THE EL CERRITO MUNICIPAL CODE IS HEREBY

REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING CHAPTER

16.03, TITLED “CALIFORNIA RESIDENTIAL CODE”:

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Chapter 16.03

CALIFORNIA RESIDENTIAL CODE
Sections:

16.03.010 California Residential Code - Adoption

16.03.020 Chapter 1 Subsection R105.2 (3) Amended - Exempted Work

16.03.030 Chapter 1 Section R106.2.1 Added - Garage, Carport and Driveway Grades

16.03.040 Chapter 1 Subsection R106.3.1 Amended - Examination of Documents

16.03.050 Chapter 1 Section R103.5 Added - Littering of Streets

16.03.060 Chapter 1 Section R115 Added - General Regulation of Construction

16.03.065 Chapter 1 Section 116 Added - Small Residential Rooftop Solar Energy System Review Process

16.03.068 Chapter 3 Section R319.1 Amended – Emergency escape and rescue opening required

16. 03.070 Chapter 3 Section R308.1 Amended - Premises Identification Numbering

16.03.080 Chapter 3 Section R306 of the CRC Amended-Flood-Resistant Construction

16.03.090 Section R402.1 of the CRC Deleted – Wood Foundations

16.03.100 Chapter 6 Section R602.10.2 and Table R602.10.3(3) of the CRC Amended – Seismic Reinforcing

16.03.110 Chapter 7 Subsection R703.6 Amended – Wood Shakes and Shingles

16.03.120 Chapter 9 Subsection R902.1 Amended Roof Covering Material

16.03.130 Chapter 9 Subsection R902.1.2 Amended Roof Covering in All Areas

16.03.010 California Residential Code - Adoption.

The Residential Code for the City, sometimes referred to as “the CRC,” is the 2025 California Residential Code, (based on the International Building Code, 2021 Edition), including Appendix chapters H and Q, as approved by the California Building Standards Commission, and as published in Title 24, Part 2.5 of the California Code of Regulations.

16.03.020 Chapter 1 Subsection 105.2(Building)(3) Amended - Exempted Work Subsection 105.2(Building)(3) of the CRC is amended to read:

3. Retaining walls which do not retain more than thirty (30) inches of earth when the earth retained is level and where there is no surcharge load, and retaining walls which do not retain more than two (2) feet of earth when the earth retained is sloping not greater than 2h:1v and there is no surcharge load. The above does not apply to retaining walls impounding Class I, II, or IIIA Liquids. See CBC Section 2304.12.5 for treatment of wood used for retaining walls.

16.03.030 Chapter 1 Section 106.2.1 Added -Garage, Carport & Driveway Grades Section 106.2.1 is added to the CBC, to read as follows:

Section 106.2.1 Garage, Carport and Driveway Grade Requirements.

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(a) Garage and carport floors shall be concrete.
(b) Any person to whom a building permit has been issued shall, where established, obtain official line and grade information as required in Section

13.20.150 of the City Code prior to the construction of foundations or footings for carports and garages.
(c) When official line and grade has not been established, it shall be the responsibility of that person to provide such information as required by City Engineer to establish lines and grades.
(d) Any person to whom a building permit has been issued shall construct the finish floor of carports and garages to an elevation which shall conform to the official driveway data as set forth on plan LL-1031 on file with the City Engineer.

16.03.040 Chapter 1 Subsection R106.3.1 Amended - Examination of Documents Subsection R106.3.1 is amended by adding a second paragraph to the CRC, to read as follows:

Review by Fire Chief. Whenever application is made for a building permit, as required by the CRC, the Building Official shall withhold issuance of the building permit until notification from the Fire Chief that all plans required by the California Fire Code (chapter

16.26 of this title) have been reviewed and approved, and that the requirements specified in Section 16.26 have been met.

16.03.050 Chapter 1 Section R113.5 Added - Littering of Streets Section R113.5 is added to the CRC, to read as follows:

Section R113.5 - Littering of Streets
It shall be unlawful for any person to excavate, dig or move dirt, rock, or other substances so as to allow fragments thereof from being thrown or dropped against or upon lots or buildings, or upon any public right-of-way. Any person dropping such material or tracking dirt, mud or rocks from private property upon any public right-of-way shall immediately cause the same to be removed. Transportation of dirt and rock requires a permit obtained pursuant to chapter 13.24 of the El Cerrito Municipal Code.

16.03.060 Chapter 1 Section R115 Added - General Regulation of Construction Section R115 is added to the CRC, to read as follows:

Section R115 - General Regulation of Construction
(a) Work may be prohibited during inclement weather upon the order of the City Building Official.

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(b) The hours of work shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturday. Work shall be prohibited on Sundays and Holidays.
(c) Work hours in the public right-of-way shall be regulated by Public Works Department.
(e) Work must be controlled to prevent causing a public nuisance such as dust, noise, vibrations, uncontrolled storm water runoff, and traffic congestion.

16.03.065 Chapter 1, Section R116 added—Small Residential Rooftop Solar Energy System Review Process.

Section R116 is added to the CRC to read as follows:

Section 116 – Small Residential Rooftop Solar Energy System Review Process A. The following words and phrases as used in this section are defined as follows: “Electronic submittal” means the utilization of one or more of the following:

1. e-mail,

2. the internet,

3. facsimile.
“Small residential rooftop solar energy system” means all of the following:

1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.

2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or
subdivision may be amended, renumbered, or redesignated from time to time.

3. A solar energy system that is installed on a single or duplex family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.
“Solar energy system” has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

B. Section 65850.5 of the California Government Code provides that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems.

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C. Section 65850.5 of the California Government Code provides that in developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The building official is hereby authorized and directed to develop a modified version of the eligibility checklist from the 2020 California Solar Permitting Guidebook to conform to the City of El Cerrito’s unique climactic, geological, seismological, or topographical conditions and adopt such checklist.

D. The checklist shall be published on the city’s internet website. The applicant may submit the permit application and associated documentation to the City’s building division by personal, mailed, or electronic (when developed and available) submittal together with any required permit processing and inspection fees.

E. Prior to submitting an application, the applicant shall:

1. Verify to the applicant’s reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and

2. At the applicant’s cost, verify to the applicant’s reasonable satisfaction using standard electrical inspection techniques that the existing electrical system, the main panel make and type, including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads and accept new electrical connections.

F. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the building official and fire chief. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however, the subsequent inspection need not conform to the requirements of this subsection.

G. An application that satisfies the information requirements in the checklist, as determined by the building official, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

H. Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider’s electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

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16.03.068 Section R319.1 Amended – Emergency escape and rescue opening required
Section R319.1 of the CRC is amended as follows:

Exception 2 is deleted in its entirety.

16.03.070 Section R308.1 Amended - Premises Identification Numbering Section R308.1 of the CRC is amended to read as follows:

Section R308.1 - Premises Identification Numbering.

Address Identification.
a) The city shall keep on file a description of the method to be used in the assignment of street address identification numbers. This method shall be approved by Council resolution and shall be available for inspection by any member of the public.
b) Every main structure or building constructed, altered, repaired or moved into the city shall be assigned a street identification number by the Building Official.
c) Numbers identifying the street address shall be placed on the street side of the building or structure in such manner as to be plainly visible from the street or public way. Identification numbers shall be a minimum of four (4) inches in height with minimum ½” stroke width for residential, and six (6) inches in height with minimum 1” stroke width for commercial buildings, and of a color to contrast with the surrounding color. Numbers shall be installed prior to final inspection and occupancy of the building or structure.
d) The premises street address shall be internally or externally illuminated to the satisfaction of the Building Official.
e) Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response.
f) Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure. g) The owner shall be responsible for the maintenance of identification numbers.
h) Any change of the assigned street identification number must be approved by the Building Official.
i) Every owner or occupant of any building or structure not numbered in accordance with the provisions of this section shall, within ten j) (10) days after notice given by the City change the number of such building or structure to the number specified in the notice.

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16.03.080 Section R306 of the CRC Amended-Flood-Resistant Construction Section
R322.1 of the CRC is amended by adding the following sentence:

Construction within special Flood Hazard Areas must comply with Chapter 13.40 of the El Cerrito Municipal Code.

16.03.090 Section R402.1 of the CRC Deleted – Wood Foundations Section R402.1 of the CRC concerning the use of wood foundations is deleted in its entirety.

16.03.100 Section R602.10 and Table R602.10.3(3) of the CRC Amended – Wall Bracing
Section R602.10.4 containing Table R602.10.3(3) of the CRC is amended as follows:

Footnote “e” at the end of CRC Table R602.10.3(3), is amended to read:
e. In Seismic Design Categories D0, D1, and D2, Methods GB, PFG, and CS-SFB are not permitted and the use of Method PCP is limited to onestory single family dwellings and accessory structures.

16.03.110 Subsection R703.6 Amended – Wood Shakes and Shingles Subsection R703.6 of the CRC is amended to add the following sentence:

Wood shingles or shakes shall conform to CSSB and be fire resistance Class B or better which comply with ASTM E108 or UL 790, except that in very high fire hazard severity zones, no wood shake or shingle siding shall be permitted regardless of class designation. See section 8.30.030 of the El Cerrito Municipal Code for roofing standards in very high fire hazard severity zones.

16.03.120 Subsection R 902.1 Amended – Roofing Covering Materials Subsection R902.1 of the CRC is amended to read as follows:

Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A roofing shall be installed in areas designated by this section including where the edge of the roof is less than 3 feet (914 mm) from a lot line. Class A roofing required by this section to be listed shall be tested in accordance with ASTME108 or UL 790.

Exceptions:

1. Class A roof assemblies include those with coverings of brick, masonry and exposed concrete roof deck.

2. Class A roof assemblies include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible decks.

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3. Class A roof assemblies include minimum 16 ounces per square foot copper sheets installed over combustible decks.

4. Class A roof assemblies include slate installed over underlayment over combustible decks.

16.03.130 Subsection Section R 902.1.2 Amended – Roof Coverings in all other Areas
Subsection R902.1.2 of the CRC is amended to read as follows:

The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A.

DIVISION IV. TITLE 16, CHAPTER 16.04., ORDINANCE NO. 2022-03, (CALIFORNIA

PLUMBING CODE) OF THE EL CERRITO MUNICIPAL CODE IS HEREBY REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING CHAPTER 16.04, TITLED “CALIFORNIA PLUMBING CODE”:

Chapter 16.04

CALIFORNIA PLUMBING CODE
Sections:

16.04.010 California Plumbing Code - Adoption
The Plumbing Code for the City, sometimes referred to as “the CPC,” is the California Plumbing Code, 2025 Edition, (based on the Uniform Plumbing Code, 2024 Edition), as approved by the California Building Standards Commission, and as published in Title 24, Part 5, of the California Code of Regulations.

DIVISION V. TITLE 16, CHAPTER 16.06., ORDINANCE NO. 2022-03, (CALIFORNIA

MECHANICAL CODE) OF THE EL CERRITO MUNICIPAL CODE IS HEREBY

REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING CHAPTER

16.06 TITLED “CALIFORNIA MECHANICAL CODE”:

Chapter 16.06

CALIFORNIA MECHANICAL CODE
Sections:

16.06.010 California Mechanical Code - Adoption.

The Mechanical Code for the City, sometimes referred to as “the CMC,” is the California Mechanical Code, 2025 Edition, (based on the Uniform Mechanical Code, 2024 Edition), as approved by the California Building Standards Commission, and as published in Title 24, Part 4, of the California Code of Regulations
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DIVISION VI. TITLE 16, CHAPTER 16.08., ORDINANCE NO. 2022-03, (CALIFORNIA

ELECTRICAL CODE) OF THE EL CERRITO MUNICIPAL CODE IS HEREBY

REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING CHAPTER

16.08, TITLED “CALIFORNIA ELECTRICAL CODE”:

Chapter 16.08

CALIFORNIA ELECTRICAL CODE
Sections:

16.08.010 California Electrical Code - Adoption.

16.08.040 Article 230.70 (A) (1) Amended - Readily Accessible Location

16.08.010 California Electrical Code - Adoption
The Electrical Code for the City sometimes referred to as “the CEC,” is the California Electrical Code, 2025 Edition, (based on the National Electrical Code, 2023 Edition), as approved by the California Building Standards Commission, and as published in Title 24, Part 3, of the California Code of Regulations, except as amended and supplemented in the manner set forth in this chapter.

16.08.040 Article 230.70 (A) (1) Amended - Readily Accessible Location Article 230.70 (A) (1) of the National Electric Code is amended to read as follows:

The service disconnecting means shall be installed at a readily accessible location outside of a building or structure near the point of entrance of the service conductors for single family dwellings. For other occupancies where direct access from the exterior does not occur, a remote control (shunt trip) activating the disconnect shall be located on the exterior of the building in a location and manner acceptable to the Fire and Building Officials.

DIVISION VII. TITLE 16, CHAPTER 16.09., ORDINANCE NO. 2022-03, (CALIFORNIA

EXISTING BUILDING CODE) OF THE EL CERRITO MUNICIPAL CODE IS HEREBY

REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING CHAPTER

16.09 TITLED “CALIFORNIA EXISTING BUILDING CODE”:

Chapter 16.09
California Existing Building Code
Sections:

16.09.010 California Existing Building Code – Adoption

16.09.030 Section 405 Added - Repairs including all subsections associated

16.09.010 California Existing Building Code - Adoption.

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The Existing Building Code for the City, sometimes referred to as “the CEBC,” is the 2025 California Existing Building Code, (based on the International Existing Building Code, 2024 Edition), including Appendix chapters A3 and A4, as approved by the California Building Standards Commission, and as published in Title 24, Part 10 of the California Code of Regulations.

16.09.030 Chapter 4, Section 405 Added - Repairs including all subsections associated
The following repair requirements are hereby added as a new Subsection 405.2.3.1.1 to Chapter 4, Section 405 “Repairs” of the CBC to read as follows:
405.2.3.1.1 Seismic evaluation and design. Seismic evaluation and design of an existing building and its components shall be based on the following criteria. 405.2.3.1.2 Evaluation and design procedures. The seismic evaluation and design shall be based on the procedures specified in the building code, ASCE 31 Seismic Evaluation of Existing Buildings (for evaluation only) or ASCE 41 Seismic Rehabilitation of Existing Buildings. The procedures contained in Appendix A of the International Existing Building Code shall be permitted to be used as specified in Section 405.2.3.1.4.
405.2.3.1.3 CBC level seismic forces. When seismic forces are required to meet the building code level, they shall be one of the following:

1. 100 percent of the values in the building code. The R factor used for analysis in accordance with Chapter 16 of the building code shall be the R factor specified for structural systems classified as “Ordinary” unless it can be demonstrated that the structural system satisfies the proportioning and detailing requirements for systems classified as “Intermediate” or “Special”.

2. Forces corresponding to BSE-1 and BSE-2 Earthquake Hazard Levels defined in ASCE 41. Where ASCE 41 is used, the corresponding performance levels shall be those shown in Table 405.2.3.1.3.

TABLE 405.2.3.1.3
ASCE 41 and ASCE 31 PERFORMANCE LEVELS

OCCUPANCY

CATEGORY
(BASED ON IBC TABLE
1604.5)

PERFORMANCE LEVEL
FOR USE WITH ASCE 31
AND WITH ASCE 41 BSE1 EARTHQUAKE HAZARD
LEVEL

PERFORMANCE LEVEL
FOR
USE WITH ASCE 41 BSE2 EARTHQUAKE HAZARD
LEVEL
I Life Safety (LS) Collapse Prevention (CP)
II Life Safety (LS) Collapse Prevention (CP)
III Note (a) Note (a)
IV Immediate Occupancy (IO) Life Safety (LS)
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a. Performance levels for Occupancy Category III shall be taken as halfway between the performance levels specified for occupancy Category II and Occupancy Category IV.
405.2.3.1.4 Reduced CBC level seismic forces. When seismic forces are permitted to meet reduced building code levels, they shall be one of the following:

1. 75 percent of the forces prescribed in the building code. The R factor used for analysis in accordance with Chapter 16 of the California Building Code shall be the R factor as specified in Section 405.2.3.1.3.

2. In accordance with the applicable chapters in Appendix A of the International Existing Building Code as specified in Items 2.1 through 2.5 below. Structures or portions of structures that comply with the requirements of the applicable chapter in Appendix A shall be deemed to comply with the requirements for reduced building code force levels.

2.1. The seismic evaluation and design of unreinforced masonry bearing wall buildings in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A1.

2.2. Seismic evaluation and design of the wall anchorage system in reinforced concrete and reinforced masonry wall buildings with flexible diaphragms in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A2.

2.3. Seismic evaluation and design of cripple walls and sill plate anchorage in residential buildings of light-frame wood construction in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A3.

2.4. Seismic evaluation and design of soft, weak, or open-front wall conditions in multiunit residential buildings of wood construction in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A4.

3. In accordance with ASCE 31 based on the applicable performance level as shown in Table 405.2.3.1.3.

4. Those associated with the BSE-1 Earthquake Hazard Level defined in ASCE 41 and the performance level as shown in Table 405.2.3.1.3. Where ASCE 41 is used, the design spectral response acceleration parameters Sxs and Sx1 shall not be taken less than 75 percent of the respective design spectral response acceleration parameters SDS and SD1 defined by the International Building Code and its reference standards.
405.2.3.1.5 Wind Design. Wind design of existing buildings shall be based on the procedures specified in the building code.

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405.2.3.1.6 Repairs to damaged buildings. Repairs to damaged buildings shall comply with this section.
405.2.3.1.7 Unsafe conditions. Regardless of the extent of structural damage, unsafe conditions shall be eliminated.

DIVISION VIII. TITLE 16, CHAPTER 16.20., ORDINANCE NO. 2022-03, (HOUSING

AND PROPERTY MAINTENANCE CODE) OF THE EL CERRITO MUNICIPAL CODE IS

HEREBY REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING CHAPTER 16.20, TITLED “HOUSING AND PROPERTY MAINTENANCE CODE”:

Chapter 16.20

HOUSING AND PROPERTY MAINTENANCE CODE

16.20.010 - Housing and Property Maintenance Code—Adoption The housing code for the city is the California Housing Law Regulations combined with the 2024 International Property Maintenance Code (IPMC) except as amended and supplemented in the manner set forth in this chapter.

16.20.011 - IPMC 101.1 amended—Title.

Section 101.1 of the IPMC is amended as follows:

That portion of the sentence reading "Name of Jurisdiction" is deleted and replaced with "City of El Cerrito."

16.20.012- IPMC 103.1 amended—Creation of Agency.

Section 103.1 of the IPMC is amended as follows:

That portion of the sentence reading "Insert Name of Jurisdiction" is deleted and replaced with "Community Development Department."

16.20.020 - IPMC 102.3 amended—Application of other codes.

Section 102.3 of the IPMC is amended as follows:

The International Codes are not adopted by the City, and where referenced in this code, shall be replaced with the California Codes.

16.20.030 - IPMC 106 amended—Means of appeal.

Section 106 of the IPMC is amended as follows:

Section 106 is deleted in its entirety and replaced with ECMC sections 1.14.080,

1.14.090, 1.14.100, and 1.14.110

16.20.035- IPMC 302.4 amended—Weeds.

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Section 302.4 of the IPMC is amended as follows:

That portion of the sentence reading "jurisdiction to insert height in inches" is deleted and replaced with "twelve inches."

16.20.040 - IPMC 304.14 amended—Insect screens.

Section 304.14 of the IPMC is amended as follows:

That portion of the sentence reading "During the period from [date] to [date]," is deleted and replaced with "During the entire year,"

16.20.050 - IPMC 308.3.1 amended—Disposal of garbage.

Section 308.3.1 of the IPMC is amended as follows:

That portion of the sentence reading "an approved incinerator unit in the structure available to the occupants in each dwelling unit" shall be deleted in its entirety.

16.20.055 - IPMC 602.3 amended—Heat supply.

Section 602.3 of the IPMC is amended as follows:

That portion of the sentence reading "during the period from [date] to [date]" is deleted and replaced with "during the entire year."

16.20.060 - IPMC 602.4 amended—Occupied work spaces.

Section 602.4 of the IPMC is amended as follows:

That portion of the sentence reading "during the period from [date] to [date]" is deleted and replaced with "during the entire year."
DIVISION IX. TITLE 16, CHAPTER 16.24., ORDINANCE NO. 2022-03, (CALIFORNIA

GREEN BUILDING CODE) OF THE EL CERRITO MUNICIPAL CODE IS HEREBY

REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING CHAPTER

16.24, TITLED “CALIFORNIA GREEN BUILDING CODE”:

Chapter 16.24

CALIFORNIA GREEN BUILDING CODE
Sections:

16.24.010 California Green Building Code - Adoption.

The Green Building Code for the City is the California Green Building Standards Code, 2025 Edition, as approved by the California Building Standards Commission, and as published in Title 24, Part 11, of the California Code of Regulations.

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DIVISION X. TITLE 16, CHAPTER 16.26., ORDINANCE NO. 2022-03, (CALIFORNIA

FIRE CODE) OF THE EL CERRITO MUNICIPAL CODE IS HEREBY REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING CHAPTER 16.26, TITLED “CALIFORNIA FIRE CODE”:

Chapter 16.26

CALIFORNIA FIRE CODE
Sections:

16.26.010 California Fire Code - Adoption.

16.26.020 Chapter 1 Section 1.1.1.2 Added - Title

16.26.030 Chapter 1 Section 1.1.8 Amended - Amendments to the Fire Code

16.26.040 Chapter 1 Section 1.11.1 Amended - Office of the State Fire Marshal

16.26.050 Chapter 1 Section 102.1 Amended - Applicability

16.26.060 Chapter 1 Section 102.9 Amended - Matters Not Provided For

16.26.070 Chapter 1 Section 104.1 Amended - General Authority and Responsibility

16.26.080 Chapter 1 Section 104.1.1A and 104.1.1B Added - General Authority Peace Officer Status

16.26.090 Chapter 1 Section 104.9 Amended - Alternative materials and methods

16.26.100 Chapter 1 Section 105.1.1 Amended - Required permits

16.26.110 16.26.110 Chapter 1 Section 105.5 Amended - Required operational permits

16.26.120 16.26.120 Chapter 1 Section 112 Amended - Board of Appeals

16.26.130 Chapter 2 Section 202 Amended – General Definitions

16.26.140 Chapter 2 Section 202 Amended - Definitions - F

16.26.150 Chapter 2 Section 202 Amended - Definitions - R

16.26.160 Chapter 3 Section 304 Added - Combustible waste material and California Code of regulations, Title 19, Division 1 Section 3.07(b) Clearances.

16.26.170 Chapter 4 Section 401.5 Amended - Making false report

16.26.180 Chapter 5 Sections 504, 505 and 507 Amended -Fire Service Features

16.26.190 Chapter 6 Section 605 Amended - Fuel Fired Appliances

16.26.200 Chapter 9 Section 903.2 Amended – Automatic Sprinkler Systems

16.26.210 Chapter 9 Section 903.2 Amended - Automatic Fire Sprinkler Systems

16.26.220 Chapter 9 Section 905.3.1 Amended - Standpipe Systems

16.26.230 Chapter 9 Section 907.2 Amended - Fire Alarm and Detection Systems

16.26.240 Chapter 9 Section 907.7.2 Amended - Record of completion

16.26.260 Chapter 10 Section 1028.5 Amended - Exit and pathways

16.26.270 Chapter 50 Section 5004 Added - Hazardous Materials

16.26.280 Chapter 50 Section 5004.1 Amended - General Provisions

16.26.290 Chapter 53 Section 5304,2S Added - Compressed Gasses

16.26.300 Chapter 56 Section 5601.1.1A Added - Explosives and Fireworks

16.26.310 Chapter 57 Section 5704.2.11.5 Added - Flammable and Combustible Liquids – Below Ground Tanks

16.26.320 Chapter 57 Section 5704 Amended - Flammable and Combustible Liquids - Above Ground Tanks

16.26.330 Chapter 58 Section 5803A Added - Flammable Gases and Flammable Cryogenic Fluids
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16.26.010 California Fire Code - Adoption.

It is hereby adopted by the city council of the city of El Cerrito for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, that certain codes and standards known as the 2025 California Building Standards Code, Title 24, California Code of Regulations (CCR), Part 9 (California Fire Code), and by reference the 2018 International Fire Code published by the International Code Council, Inc. (ICC), (including Appendix Chapters A, B, C, D, E, F, and G) save and except such portions as are deleted, modified or amended by this chapter, of which not less than one copy each have been and are now filed in the office of the Fire Chief and the Building Official of the City of El Cerrito and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling within the limits of the City of El Cerrito.

16.26.020 Chapter 1 Section 1.1.1.2 Added - Title
Section 1.1.1.2 Title is added as follows:

Section 1.1.1.2 These regulations shall be known as the Fire Code of the City of El Cerrito, hereinafter referred to as "this code." The California Fire Code and the International Fire Code adopted by reference in Section 1, amendments thereto, additions, and deletions as set forth in this Section shall become effective as set forth in Section 1.1.8 Division and Appendix numbers used are those of the California Fire Code.

16.26.030 Chapter 1 Section 1.1.8 Amended - Amendments to the Fire Code Section 1.1.8 is amended by adding the following:

The limits referred to in Section 1.1.8.1 of the California Fire Code and International Fire Code adopted by reference in Section 1, amendments thereto, additions, and deletions and appendices as set forth in this section shall become effective as set forth in Section

1.1.9 Article, Section, Division, and Appendix numbers used are those of the California Fire Code.

16.26.040 Chapter 1 Section 1.11.1 Amended - Office of the State Fire Marshal Section 1.11.1 is amended by adding 1.11.1 A, B and C
A. The California Fire Code as adopted and amended herein shall be enforced by the city fire prevention division, which is hereby established, and which shall be operated under the supervision of the fire marshal.

B. The fire marshal in charge of the fire prevention division shall be appointed by the fire chief of the city of El Cerrito on the basis of examination to determine his or her qualifications for the position.

C. The chief of the fire department shall recommend to the city council the employment of technical staff members, who, when such authorization is made, shall be selected on the basis of examination to determine their qualifications for Agenda Packet Page 78 of 103
the position.

16.26.050 Chapter 1 Section 102.1 Amended – Applicability Section 102.1 is amended by adding Section 102.1.1
Section 102.1.1 Buildings in existence at the time of the adoption of this code may have their existing use or occupancy continued, if such use or occupancy was legal at the time of the adoption of this code, provided such continued use is not dangerous to life.

Section 102.2 is amended by adding section 102.2.1
Section 102.2.1 Plans for compliance. Upon written notice to the responsible property owner, plans for compliance shall be submitted and approved, and within 18 months or earlier depending on the life-safety significance of the hazard work shall be completed or the building shall be vacated until made to conform.

16.26.060 Chapter 1 Section 102.9 Amended - Matters Not Provided For Section 102.9 is amended by adding subsection 102.9.1A
102.9.1A Unless otherwise limited by law, the applicable provisions of this code shall apply to vehicles, ships, boats, and mobile vehicles and other facilities when fixed in a specific location within the boundaries of this jurisdiction.

16.26.070 Chapter 1 Section 104.1 Amended - General Authority and Responsibility
Section 104.1 is amended by adding the following:

The Fire Chief or the Fire Code Official is authorized to render interpretations of this code and to make and enforce rules and supplemental regulations in order to carry out the application of its provisions. The Chief may be guided by the previous, current and future Fire Codes. Such interpretations, rules and regulations, and supplements shall be in conformance with the intent and purpose of this code and shall be available to the public during normal business hours.

16.26.080 Chapter 1 Section 104.1.1A and 104.1.1B Added - General Authority Peace Officer Status
Section 104.1.1A and 104.1.1B are added in their entirety to read as follows:

Section 104.1.1A The Fire Chief and their designated representatives shall have the powers of peace officers while engaged in the performance of their duties with respect to the prevention, investigation, and suppression of fires and the protection and preservation of life and property against the hazards of fire and conflagration.

Section 104.1.1B The Chief, or their duly authorized agents, may issue citations for violations of this ordinance in accordance with Chapter 5C (commencing with Section 853.5), Title 4, Part 2, of the Penal Code.

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16.26.090 Chapter 1 Section 104.9 Amended - Alternative materials and methods Section 104.9 is amended by adding 104.9.2
Section 104.9.2- The city council, the fire chief and the fire marshal shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies for which permits are required in addition to those now enumerated in the California Fire Code. The fire marshal shall post such list in a conspicuous place at the offices of the fire prevention division and distribute copies thereof to interested persons.

16.26.100 Chapter 1 Section 105.1.1 Amended - Required permits Section 105.1.1 is amended by adding Section 105.1.1A:

Section 105.1.1A Fee for Plan Review, Inspection and Permits. Fees required by the City shall be established in the City's master fee schedule, to defray: the cost of plan review required by this code; requested or required inspection services; administrative costs; issuance of permits and all other direct costs incurred by the city.

Section 105.4.1.1 is amended by adding Section 105.4.1.2 (1 to 6):

Section 105.4.1.2 Review of Plans. Whenever required by this Code, plans shall be submitted to the Fire Chief or designated representative for review and approval prior to construction. Whenever application is made for a building permit, as required by the Building Code, the Building Official shall withhold issuance of the building permit until notification from the Fire Department that plans required by this code have been reviewed and approved and that the requirements set forth in section 105 have been met. In addition to plan submittals required by other sections of this Code, plans shall be submitted whenever any of the following land developments and/or improvements are proposed:

1. Subdivision of land.

2. Construction, alteration, or renovation of a building.

3. Demolition of a building.

4. Provision of a water supply for fire protection.

5. Provision of access for fire apparatus.

6. An occupancy for the storage, use, or handling of any hazardous substance, hazardous material process, or hazardous device

16.26.110 Chapter 1 Section 105.6 105.5 Amended - Required operational permits
Section 105.6 is amended by adding 105.6.52 thru 105.6.55.

52. Christmas tree sales. To use a property for the purpose of selling cut Christmas trees. See applicable provisions of Chapter 3 General Precautions against fire.

53. Pumpkin patches/lots. To use a property for the purpose of selling pumpkins and seasonal items. See applicable provisions of Chapter 3 General Precautions against fire.

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54. Liquefied petroleum gases. To store, use, or handle liquefied petroleum gas inside buildings. See Chapter 38.

55. Rockets. To launch model rockets. See California Code of Regulations Title 19, Division 1, Article 17.

16.26.120 Chapter 1 Section 112 Amended - Board of Appeals Section 112 is amended by adding 112.2.1
Section 112.2.1 Whenever the fire chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code has been misconstrued or wrongly interpreted, the applicant may appeal within thirty days the chief's decision to the city council.

16.26.130 Chapter 2 Section 202 Amended – General Definitions Section 202 - General Definitions is amended as follows: by changing the definition of Jurisdiction and adding the definition for Fire Marshal by adding Sections 202. A and 202.B.

A. Wherever the word "jurisdiction" is used in the California Fire Code, it shall be held to mean the City of El Cerrito.

B. Where the party responsible for the enforcement of the California Fire Code is given the title of "Fire Marshal," add the following definition: Fire Marshal is the chief of the bureau of fire prevention.

16.26.140 Chapter 2 Section 202 Amended - Definitions – F Section 202 -F - is amended by adding:

Fair - a temporary enterprise principally devoted to the exhibit or sale of products of commerce, agriculture or industry, or to entertainment and amusement and may include the operation of amusement rides or devices, or concession booths.

Firebreak - a continuous strip of land upon and from which all rubbish, weeds, grass or other growth that could be expected to burn when dry has been abated or otherwise removed in order to prevent the surface extension of fire from one area to another.

Fire trail - a graded firebreak of sufficient width, surface, and design to provide access for fire personnel and equipment to suppress and to assist in preventing a surface extension of fires.

Fuel break - a specified width, strip, or block of land on which the vegetation has been permanently modified to a low volume fuel type so that fires burning on it can be more readily controlled.

16.26.150 Chapter 2 Section 202 Amended - Definitions – R Section 202 - R is amended by adding:

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Response Time - the calculated time difference between receiving a report of an alarm and the application of extinguishing agent.

Running Time - the calculated time difference between leaving the first due fire station and arriving on the emergency scene.

Rural Area - that area generally designated for agricultural or open space uses with parcels over 10 acres in size.

Rural Residential Area - that area generally designated for single family residential use with parcels between 3 and 10 acres in size.

16.26.160 Chapter 3 Section 304 Added Combustible waste material and California Code of regulations, Title 19, Division 1 Section 3.07(b) Clearances.

Chapter 3 Section 304 is added in its entirety.

Section 302.2 Definitions, as used in this article

1. Weed," as used in this part, means all weeds growing upon streets or private property in this jurisdiction and includes any of the following:

2. Weeds that bear seeds of a downy nature or are subject to flight.

3. Sagebrush, chaparral and any other brush or weeds which obtain such large growth as to become, when dry, a fire menace to adjacent improved property or to streets.

4. Weeds that are otherwise noxious or dangerous.

5. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health.

6. Dry grass, stubble, brush, litter or other flammable materials that endanger the public safety by creating a fire hazard.

7. "Rubbish" means waste matter, litter, trash, refuse, debris and dirt on streets, or private property in the jurisdiction that is, or when dry may become a fire hazard.

8. “Streets" include alleys, parkways, driveways, sidewalks and areas between sidewalks and curbs.

9. "Person" includes individuals, firms, partnerships and corporations.

10. "Cost of Abatement" shall include all expenses incurred by jurisdiction, including administrative costs, in its work of abatement undertaken pursuant Section 318 of this ordinance.

11. "Superintendent" shall mean the City Manager or designee.

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Section 304.4 Declaration of Policy.

The City Council, as the supervising, legislative and executive authority of this jurisdiction, hereby declares that the removal of dry grass, stubble, brush, rubbish, litter or other flammable material which creates a fire hazard, a menace to the public health or which is otherwise noxious or dangerous is a matter of extreme municipal importance. The City Council hereby adopts the following Fire Hazard Abatement Program for the purpose of abating fire hazards caused by the presence of dry grass, stubble, brush, rubbish, litter or other flammable material on private properties within the City. This program shall be conducted in accordance with the provisions of Government Code Sections 39560-39588 as those sections presently exist or as may be amended. The City Manager or designee shall be deemed the street superintendent for the purpose of carrying out the provisions of this policy.

Section 304.5 Abatement Procedures
a. The City Council of El Cerrito shall declare by resolution annually, or as often as may be necessary, those properties which are deemed public nuisances because of the presence of dry grass, stubble, brush, rubbish, litter, or other flammable material which creates a fire hazard, a menace to the public health or which is otherwise noxious or dangerous.
b. The resolution may also declare that certain identified properties are seasonal and recurrent nuisances as defined by Government Code Section 39562.1 c. The resolution shall designate a date, time and place for a hearing at which the owners of the properties identified in the resolution may object to the designation of their properties as public nuisances, and object to the abatement actions proposed by the City as authorized by Government Code Sections 39560-39588.
d. Written notice shall be provided to the owners of the properties identified in the resolution informing them of the date, time, and place of the hearing. This notice shall be in substantially the same form as contained in Government Code Section 39566. Notice to the owners of those properties declared seasonal and recurrent nuisances shall incorporate the provisions contained in Government Code Section 39562.1. The notice shall be served as provided for in Government Code Sections 39564-39567.1. e. At the hearing, the City Council shall hear and consider all objections. By resolution, the City Council shall allow or overrule these objections. The City Council shall also order the City Manager or designee to abate the public nuisances’ conditions at the properties designated in the initial resolution by having the dry grass, stubble, brush, rubbish, litter or other flammable material which creates a fire hazard, a menace to the public health or which is otherwise noxious or dangerous removed. f. The City Manager may abate these public nuisance conditions either through the use of City employees or by private contract. The City Manager is authorized to execute such public contracts as may be necessary to abate these public nuisance conditions. g. The City Manager shall keep a report of the cost of abatement for each property subject to the City Council resolution. At such time as the City Manager deems Agenda Packet Page 83 of 103
appropriate, a hearing shall be scheduled before the City Council for confirming the report. Notice shall be mailed to each property owner at least five days before the date of the hearing. The notice shall inform the property owner of the costs of abatement of the public nuisance conditions on the property; date, time and place of the hearing at which the property owner may object to the report; and a statement that if the report is confirmed by the City Council, that the costs of tax bill levied against the parcel for collection at the time and in the manner of ordinary municipal taxes. The report shall also be posted at least three days prior to the hearing date at or near the hearing place as required by Government Code Section 39575.
h. At the time fixed for the hearing, the City Council shall consider the report and hear any objections from the property owners liable to be assessed the costs of abatement. The City Council may modify the report if it is deemed necessary. The City Council may also establish installment payments for the abatement costs as provided for in Government Code Section 39581. At the conclusion of the hearing, the City Council shall confirm the report by resolution.
i. The cost of abatement upon each property and the costs incurred by the City in enforcing the abatement shall constitute a special assessment against the property as provided for in Government Code Section 39577. A lien shall attach to the property upon recordation of the order confirming the assessment by the County Recorder. On or before August 10th of each year, the City Manager shall file a certified copy of the report with the County Auditor. As authorized by Government Code Section 39581, the amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes, subject to the same penalties and procedure of foreclosure and sale provided for ordinary municipal taxes.

Section 304.6 Alternate Mitigation.

In lieu of ordering abatement of fire hazards as provided in Section 321.4, the Fire Chief may order the preparation of firebreaks/fuel breaks around parcels of property when combustible weeds, crops, or brush is present. In determining the proper width of firebreaks/fuel breaks, the Fire Chief shall consider the height of the growth, weather conditions, topography and accessibility to the property of fire protection equipment. The procedure set forth in Section 321.4 for the abatement of weeds and rubbish shall also apply to the preparation of firebreaks/fuel breaks.

Section 304.7 Alternate Procedures
The procedures provided for by this Article are an alternative to any other procedure adopted by the City Council for the abatement of public nuisances, such as Chapter 8.34 of the El Cerrito Municipal Code, or which may be authorized by the law of the State of California.

Section 304.8 Peat Fire, Penalties Therefore
a. It is the duty of each person, firm, corporation or association not to permit on their property a peat fire in, or a fire involving combustible vegetable materials under the surface of the natural ground. It is hereby declared that it is the duty of any person as herein defined to take all necessary precautions to extinguish any subsurface fire Agenda Packet Page 84 of 103
involving peat or vegetative material at his/her own cost and expense. b. If there exists upon the lands of any person herein defined, subsurface fire involving the burning or combustion of peat or vegetative matter, and the owner or occupant thereof has not taken reasonable precautions within a reasonable time to extinguish or minimize such fire or combustion, the City of El Cerrito may, in addition to its regular duties to extinguish or minimize such fire or combustion, enter upon the lands of any person as herein defined and extinguish such fire or combustion. Any costs incurred by the Fire Department in fighting the fire and for the cost of providing rescue or emergency medical services shall be a charge against said person. The charge shall constitute a debt of that person and is collectable by the fire department incurring those costs in the same manner as in the case of an obligation under contract, express or implied. (Health & Safety Code 13009.)

16.26.170 Chapter 4 Section 401.5 Amended - Making false report Section 401.5 is amended by adding an additional sentence:

Section 401.5 A charge may be made for excessive false alarms.

16.26.180 Chapter 5 Sections 504, 505 and 507 Amended -Fire Service Features
Section 504.1 is amended by adding:
504.1.1 Exterior exit pathway surfaces leading from an exit to a public way shall be maintained and suitable for pedestrian use in all weather conditions.

Section 505 is amended by adding 505.1.1
505.1.1 Approved address numbers attached to the building, or the primary address of the building shall be internally or externally illuminated.

Section 507.1.1 is amended by adding a preface sentence to read as follows: The type of water supply provided shall meet the standards approved by the Fire Chief.

16.26.190 Chapter 6 Section 605 Amended - Fuel Fired Appliances Section 605 is amended by adding subsection 605.1.1:

Section 605.1.1 Spark Arrester. Chimneys used with fireplaces or heating appliances in which solid or liquid fuel is used shall be maintained with a spark arrester as required by the California Building Code 2113.9.2.

16.26.200 Chapter 9 Section 903.2 Amended – Automatic Sprinkler Systems Section 903.2 is amended by adding 903.2.20:
903.2.20. An automatic fire extinguishing system shall be required in all occupancies of 5000 square feet or greater. This shall include an addition of square footage causing the Agenda Packet Page 85 of 103
building to be greater than 5,000 square feet.

16.26.210 Chapter 9 Section 903.2 Amended - Automatic Fire Sprinkler Systems
Section 903.2 is amended by adding subsections 903.2.21.1 through 903.2.21.10 Section 903.2.21.1 Fire Department Delivery Capability. An automatic fire sprinkler system shall be installed in all new buildings or occupancies or in existing buildings or structures that change occupancy classification or use when the required fire flow exceeds 2,000 GPM, or the total floor area exceeds 5,000 square feet.

For the purpose of this section, buildings separated by area separation walls, as set forth in Section 706 of the California Building Code, shall not be considered to create separate buildings unless such walls are constructed as specified in the California Fire Code.

Section 903.2.21.2 Undetermined Occupancy. When fire sprinkler systems are required in buildings of undetermined occupancy, they shall be designed and installed to have a sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with a minimum design area of 3,000 square feet. Occupancy is considered undetermined if not classified at the time the building permit is issued. Where a subsequent occupancy requires a fire sprinkler system of greater density than Ordinary Hazard Group 2, the system shall be upgraded to such use.

Section 903.2.21.3 Response Times. An automatic fire sprinkler system shall be installed in all new buildings or occupancies when any of the following requirements is exceeded.

Section 903.2.21.4 Run Times. A maximum running time of 3 minutes or a maximum response time of 5 minutes from the first-due station. Times shall be measured by the most direct route on surface streets.

Section 903.2.21.5 Distance from Fire Apparatus Access. The Fire Chief may require installation of automatic fire sprinkler system when the exterior wall of the 1st story is located more than 150 feet from approved fire apparatus access.

Section 903.2.21.6 Other Codes. An automatic sprinkler system shall be installed in all other occupancies as may be required by the Uniform Building Code or the California Building Code.

Section 903.2.21.7 NFPA 13D fire sprinkler systems installed shall be interconnected to the structure’s smoke detection or fire alarm system. The smoke of fire alarm systems need not be monitored by a central monitoring station.

Section 903.2.21.8 Group R-3 Substantial Addition or Expansion. An automatic sprinkler system shall be provided throughout all existing Group R-3 dwellings where a substantial addition or expansion occurs, and the new total fire area of the structure exceeds 3,600 square feet.

Section 903.2.21.9 Number of design sprinklers NFPA Standard 13D/13R. For Group R-3 buildings up to 5000 square feet, the number of design sprinklers shall be in accordance Agenda Packet Page 86 of 103
with NFPA 13D and the listing requirements for individual sprinklers. Group R-3 buildings in excess of 5000 square feet or over three stories tall, shall meet the requirements of NFPA 13R. A 10% safety margin, in pressure, shall be provided in the design at the point of connection to the public main.

Section 903.2.21.10 Additional locations of sprinklers of Group R-3. Additional locations of fire sprinklers shall be as follows:
• Attached garages/carports, shall be provided with sprinkler protection. • All bathrooms regardless of size shall be provided with sprinkler protection. • Crawl spaces or areas beneath stairs, accessible or if intended to be used for living or storage purposes and break areas below stairs as a separate entry where over 6 feet in height at any point, shall be provided with sprinkler protection.
• Attics spaces that contain mechanical equipment such as furnaces. All water heater areas shall be provided with sprinklers limited to the protection of the equipment itself. Sprinkler coverage at a minimum shall protect the access opening.

Section 903.2.21.11 Additional NFPA 13D requirements.

Additional NFPA 13D requirements shall be as follows:
• Sprinkler control valves shall be located upstream of the domestic tie in and are indicating valves.
• Hydraulic placards at the riser shall be provided.
• Spare sprinkler box with at least one of each type used shall be provided.

16.26.220 Chapter 9 Section 905.3.1 Amended - Standpipe Systems Section 905.3.1 Subsection (2) is amended by replacing subsection (2) in its entirety:

Section 905.3.1 Subsection (2). "Three stories" (3) or more in height replaces four stories (4) or more in height.

Section 905.3.1 is amended by adding subsection (6):

6. When standpipes are required and the building is equipped with automatic fire sprinklers, a class one standpipe(s) is required, and the standpipe shall be interconnected with the fire sprinkler system.

16.26.230 Chapter 9 Section 907.2 Amended - Fire Alarm and Detection Systems
Section 907.2 is amended by adding subsection 907.2 A:

Section 907.2 A. At the discretion of the Fire Chief, single-station smoke alarms or multiple-station smoke alarms may be required to be connected to an approved 24-hour monitored fire alarm system.

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16.26.240 Chapter 9 Section 907.7.2 Amended - Record of completion Section 907.7.2 is amended by adding subsection 907.7.2.1 Section 907.7.2.1 Acceptance, maintenance, and testing records. A copy of acceptance, maintenance and testing records shall be maintained on site and shall be available to the city upon request.

16.26.260 Chapter 10 Section 1028.5 Amended – Access to Public Way Section 1028.5 is amended by adding Subsection 1028.5.1:

Section 1028.5.1. Exterior Exit Pathways. Exterior exit pathway surfaces leading from an exit to a public way shall be maintained and suitable for pedestrian use in all weather conditions.

16.26.270 Chapter 50 Section 5001.2 Added - Hazardous Materials Section 5001.1 is amended by adding subsection 5001.1.2:

Section 5001.1.2 Coordinated Enforcement. Where the Contra Costa County Health Services Department is enforcing State Health and Safety and/or County health regulations, the Fire Department will coordinate efforts to eliminate duplication of time and resources to comply with hazardous material regulations. When approved by the Fire Chief equivalent documentation and compliance may be accepted in lieu of requirements of Appendix E. Where Contra Costa County Health & Safety regulations and California Fire Code regulations conflict, the more restrictive provisions shall prevail.

Exception: Where state or county regulations specifically limit or pre-empt local regulations to be more restrictive.

16.26.280 Chapter 50 Section 5004.1 Amended - Scope
Section 5004.1 is amended by adding 5004.1. A, and 5004.1. B A. The limits referred to in Section 5004.1 of the California Fire Code, into which the storage of hazardous materials is restricted are hereby established as follows: All areas within the jurisdiction shall be for retail in group M occupancies.

B. Exception - A permit shall be obtained from the Fire Marshal approving on site Hazardous Materials for retail sales, storage, or commercial/industrial use.

16.26.290 Chapter 53 Section 5304.2A Added - Compressed Gasses Section 5304.2 is amended by adding 5304.2A
A. The limits referred to in Section 5304.2 (ch 54, 58, 60 through 67) of the California Fire Code, in which the storage of compressed natural gas is restricted, are hereby amended as follows: All areas within the jurisdiction without an approved permit by the Fire Marshal.

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16.26.300 Chapter 56 Section 5601.1.1A Added - Explosives and Fireworks Section 5601.1.1 is amended by adding 5601.1A and Exception:

A. The limits referred to in Section 5601.1 of the California Fire Code and Title 19 Division
B. 1 Chapter 6 and 10 subchapter 3, in which the storage of storage of explosives and blasting agents is restricted, are hereby amended as follows: All areas within the jurisdiction.

Exception: The Fire Marshal may authorize limited amount of explosives or blasting agents with permit.

16.26.310 Chapter 57 Section 5704.2.11.6 Added - Flammable and Combustible Liquids – Below Ground Tanks
Section 5704.2.11.5 is added in its entirety to read:

Section 5704.2.11.5. Abandonment and status of tanks. Tanks taken out of service as a result of properties being abandoned or its use being changed shall be removed in accordance with Section 5704.2.14.2
Section 5704.2.13.1.3.1 is amended in its entirety to read:

Section 5704.2.13.1.3.1 Out of Service for More Than 180 Days. Underground tanks that have been out of service for a period greater than 180 days shall be removed from the ground in accordance with Section 5704.2.14 and the site shall be restored in an approved manner. Permit requirements with the Contra Costa County Health Services Department, Environmental Division shall be complied concurrently with the permit requirements of the City.

Section 5704.2.13.2.3.1 Out of service for more than 180 days aboveground tanks that have been out of service for a period greater than 180 days shall be removed in accordance with Section 5704.2.14 and the site shall be restored in an approved manner.

Permit requirements with the Contra Costa County Health Services Department, Environmental Division shall be complied with concurrently with the permit requirements of the City.

16.26.320 Chapter 57 Section 5704 Amended - Flammable and Combustible Liquids - Above Ground Tanks
Section 5704.2.9.6.1 is amended by adding 5704.2.9.6.1A and 5704.2.9.6.1B establishment of limits of districts in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited or restricted:

A. The limits referred to in Section 5704.2.9.6.1 of the California Fire Code, in which the storage of flammable or combustible liquids in outside above ground tanks is restricted, are hereby amended as follows: All areas within the jurisdiction without an approved permit by the Fire Marshal.

B. The limits referred to in Section 5704.2.9.6.1 in which new bulk plants for flammable Agenda Packet Page 89 of 103
or combustible liquids are prohibited, are hereby amended as follows: Any area which is zoned other than industrial without an approved permit from the Fire Marshal.

16.26.330 Chapter 58 Section 5806 Added - Flammable Gases and Flammable Cryogenic Fluids
Section 5806 is amended by adding 5806.2.1 and Exception:

A. Stationary containers is restricted, are hereby established as follows: All areas within the jurisdiction without an approved permit by the Fire Marshal.

Chapter 16.27

CALIFORNIA WILDLAND URBAN INTERFACE CODE
Section:

16.27.010 California Wildland Urban Interface Code – Adoption.

The Wildland Urban Interface Code for the City is the California Wildland Urban Interface Code.

Code, 2025 Edition, as approved by the California Building Standards Commission, and as published in Title 24, Part 7, of the California Code of Regulations.

DIVISION X. CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”) under the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and in this case it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (CEQA Guidelines § 15061(b)(3).

DIVISION XI. SEVERABILITY CLAUSE
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Council hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid.

DIVISION XII. EFFECTIVE DATE
This Ordinance shall take effect and be enforced on January 1, 2026. Prior to the expiration of fifteen days from the passage thereof, the ordinance or a summary thereof shall be posted or published as may be required by law, and thereafter the same shall be in full force and effect.

Agenda Packet Page 90 of 103
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council on October 7, 2025 and passed by the following vote:

AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ADOPTED AND ORDERED published at a regular meeting of the City Council held October 21, 2025, and passed by the following vote:

AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
APPROVED:
_____________________
Carolyn Wysinger, Mayor
ATTEST:
_______________________
Holly M. Charléty, City Clerk

ORDINANCE CERTIFICATION
I, Holly M. Charléty, City Clerk of the City of El Cerrito, do hereby certify that this Ordinance is the true and correct original Ordinance No. 2025-03 of the City of El Cerrito; that said Ordinance was duly enacted and adopted by the City Council of the City of El Cerrito at a meeting of the City Council held on the 21st of October, 2025; 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, this day of .
______________________
Holly M. Charléty, City Clerk
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October 07, 2025
2025 California Building and Fire Code Adoption
City of El Cerrito
Presented by the Building and Fire Departments
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BACKGROUND
2 The triennial update California Building Standards
Code or Title 24 of the California Code of
Regulations
The Building Standards Code sets rules for building
construction, energy conservation, fire safety, and
accessibility in all California buildings.

Title 24 is divided into multiple “parts“. Local
jurisdictions adopt parts 1-12, which include:
• Building, Plumbing, Mechanical, Electrical codes and others • Part 9 is the Fire Code, and Part 7 is the Wildland-Urban Interface (new to the 2025 building codes)
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HOW CODES ARE DEVELOPED
▪ The California Building Codes are based on the National and International Model Codes
▪ Updated every three years
▪ Reflect new laws and state legislation
▪ Incorporate advances in building science and technology ▪ The code development is facilitated by the State Building Standards Commission (CBSC).
▪ This update process includes many public hearings
involving
▪ State Agencies
▪ Professional Organizations
▪ Local Fire and Building Officials
▪ General Public
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IMPLEMENTATION OF STATE CODES
4 ▪ State Building Code compliance is mandatory
▪ Traditionally, cities and counties may amend the State Codes via local ordinance
▪ These amendments must be more restrictive
▪ These amendments related to technical requirements
must have findings under at least one of these three
categories.
▪ Geological / Topographical / Climatic
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AB130
5 ▪ However, on June 30, 2025, the state passed AB130 as part of the budgeting package
▪ AB130 puts a 6-year moratorium (2 building code cycles) on local amendments to residential units.
▪ Unless the amendments meet limited exceptions
▪ One exception is if the amendments were in effect before September 30, 2025.
▪ This allows the City to retain the amendments that have been adopted up to now, and we will be repealing and readopting the 2022 amendments.

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AMENDMENT EXAMPLE
6 Title 16 – Buildings and Construction section of the El Cerrito Municipal Code Before AB130 passed, the city was allowed to make amendments to the adopted building code if the amendment was more restrictive and was justified based on one or more of these three categories: Geological / Topographical / Climatic 2022 California Building Code - Section 105.2 Work Exempt from permit.

4. Retaining walls that are not over 4 feet (1210 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III liquids.

El Cerrito Municipal 16.02.020

4. Retaining walls which do not retain more than thirty (30) inches of earth when the earth retained is level and where there is no surcharge load and retaining walls which do not retain more than two (2) feet of earth when the earth retained is sloping not greater than 2h:1v and there is no surcharge load. The above does not apply to retaining walls impounding Class I, II, or IIIA Liquids. See CBC Section 2304.12.5 for treatment of wood used for retaining walls. (Ord. No. 2022-03, Div. II, 11-1-2022) This more restrictive amendment is based in all three categories: Geological / Topographical / Climatic Agenda Packet Page 98 of 103

NEW WILDLAND-URBAN INTERFACE
▪ A new stand‐alone part (Part 7) of the code adopted by California as part of the 2025 edition of Title 24.
▪ Intent to consolidate, clarify, and strengthen the set of codes that deal with wildfire risk in areas where wildlands (vegetation, forests) meet human structures, the “Wildland-Urban Interface” or WUI. ▪ Utilizes the International Wildland-Urban Interface Code (IWUIC) as its basis and is intended to address the escalating risk of wildfires throughout the state while increasing the resilience of structures and ensuring more sustainable communities in these WUI areas. ▪ Replaces Chapter 7A of the Building Code, R337 in the Residential Code, Chapter 49 of the Fire Code, etc., by bringing them into one cohesive code body
▪ Adoption of part 7 result of a multi-year collaboration between the State Fire Marshal, International Code Council, and California Building Officials. ▪ Many codes are not new, but the intention was to make it easier for code officials to ensure the new structures in the WUI are more resilient. 7 Agenda Packet Page 99 of 103

STATE LAW REQUIREMENTS FOR ADOPTION
▪ The purpose of the City Council’s action today is to hold a public hearing and introduce the ordinance that repeals the previously adopted Title 24 and adopts by reference the 2025 edition of the California Code of Regulations Title 24 with local amendments. ▪ If Council takes action to introduce the ordinance today, staff will bring the ordinance to Council for adoption on October 21, 2025.
▪ The 2025 California Code of Regulations Title 24, along with the local amendments, once adopted, will become effective January 1, 2026.
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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
October 7, 2025
REGULAR CITY COUNCIL MEETING (6:00 PM)
Public Comments (Not on the Agenda and Consent Calendar)

Agenda Packet Page 102 of 103
Allow sender | Block sender
From: Gary Prost
To: City Clerk; City Clerk
Cc: Sue Duncan
Subject: Public Comments - Not on the Agenda - Fire Safety Grants Date: Tuesday, October 7, 2025 11:26:32 AM
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Honorable Mayor Wysinger and City Council,
El Cerrito FireSafe Council is pleased to announce that it has been awarded a grant from the California Fire Foundation (funded by PG&E) to clear vegetation beside evacuation routes at the Wildland-Urban Interface along Rifle Range, Vista, and Club View Drive, all one-way-inone-way-out roads. This state-wide grant program awarded us $15,000, the maximum amount offered, and our group received the only such grant in all of Contra Costa and Alameda counties.

We are also pleased to announce the recent award of a Measure X grant of a 12-person crew to clear a 200 ft shaded fire break below property lines on several acres in the Hillside Natural Area between Madera School and Potrero. We submitted this request last March.

Special thanks to Battalion Chief Beckman and County Supervisor Gioia for their support in obtaining these grants.

Gary Prost, Secretary
El Cerrito FireSafe Council
--
Gary L. Prost PhD
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