General Fund Budget Update
Quarter 2 FY 2025-26
10/01/2025 – 12/31/2025
EXECUTIVE SUMMARY
The City of El Cerrito is pleased to submitthe fiscal year (FY) 2025-26 Second Quarter General Fund Budget Update for the period of October 1 through December 31, 2025. This report provides a high-level overview of the City’s budget status, including how revenues and expenditures are progressing relative to the budget.
As of December 31, 2025, General Fund revenues total 42% of the adopted budget and General Fund expenditures total 52% of the adopted budget, consistent with normal timing patterns. Major revenues such as property, sales, and utility taxes are received on a lag, and receipts to date align with the expected mid-year timing of these revenue sources, including the first tranche of property taxes received in December.
Expenditures include several large expenses paid at the beginning of the year and some programs that occur early in the fiscal year.
During the second quarter of FY 2025-26, the City Council approved several large projects using one-time fund balance, resulting in a planned, one-time budgeted use of fund balance for the fiscal year. Staff project an ending General Fund balance of approximately $22.6 million, equal to about 41% of annual expenditures.
Graph 1 compares revenues and expenditures for the second quarter of FY 2024-25 and FY 2025-26.
Graph 1: Budget to Actuals Comparison of Revenues and Expenditures, FY 2024-25 and FY 2025-26 $51.4 $52.3 $53.8 $54.7
$22.4
$26.7
$22.7
$28.2
$0.0
$10.0
$20.0
$30.0
$40.0
$50.0
$60.0
Revenue Expenditures Revenue Expenditures
FY 2024-25 FY 2025-26
(in millions)
Budget
Actual
Agenda Packet Page 204 of 324
GENERAL FUND REVENUES
For the second quarter of FY 2025-26, General Fund revenues total 42% of the amended budget. This is similar to the City’s budget progress for FY 2024-25, when revenues received by December 31 were 44% of budget.
Table 1 shows General Fund revenues by classification for the second quarter of FY 2024-25 and FY 2025-26.
Table 1: Quarter 2 General Fund Revenue by Classification Classification
FY 2024-25 FY 2025-26 % Change
in Actuals
FY25 to
FY26
Amended
Budget Q2 Actuals % of Budget
Amended
Budget
Q2 YTD
Actuals
% of
Budget
Property Taxes $16,461,935 $6,229,490 38% $18,080,310 $6,583,387 36% 6% Sales Taxes 4,517,790 1,490,431 33% 4,616,381 1,490,344 32% 0% Measure R Sales Tax 4,459,000 1,393,404 31% 4,581,000 1,392,474 30% 0% Transient Occupancy
Taxes
100,000 32,058 32% 100,000 31,794 32% -1%
Franchise Fees 1,380,000 378,026 27% 1,380,000 463,906 34% 23% Business License Taxes 1,182,817 1,091,059 92% 1,206,473 1,126,281 93% 3% Property Transfer Taxes 3,000,000 1,142,806 38% 3,200,000 1,076,936 34% -6% Utility Users' Taxes 3,694,260 1,405,934 38% 3,700,000 1,431,785 39% 2% Other Taxes 1,500 - 0% 1,500 2,707 180% -
Taxes Totals $34,797,302 $13,163,208 38% $36,865,664 $13,599,614 37% 3% Licenses & Permits $1,007,000 $847,094 84% 1,073,280 830,691 77% -2% Fines & Forfeitures 130,000 82,035 63% 130,000 106,549 82% 30% Use of Money and
Property
957,000 277,563 29% 830,600 471,503 57% 70%
Intergovernmental
Revenues
5,334,401 2,748,080 52% 5,551,044 2,662,750 48% -3%
Charges for Services 7,528,702 4,592,047 61% 7,550,502 4,200,961 56% -9% Other Revenue 630,000 174,578 28% 747,200 280,741 38% 61% Other Financing Sources 1,002,039 501,020 50% 1,031,502 515,751 50% 3% Totals $51,386,444 $22,385,625 44% $53,779,792 $22,668,560 42% 1% Taxes
The City received the first tranche of Property Taxes in December. The City will also receive a large tranche in April and a final true-up in June. As of December 31, 2025, Property Tax receipts total 36% of the annual budget, which is consistent with the expected mid-year timing of these revenues.
Sales and Use Taxes are received on a two-to-three-month lag depending on when the funds are remitted to the City by the California Department of Tax and Fee Administration (CDTFA). As of December 31, 2025, the City has received four months of sales and use tax receipts, and total receipts to date are consistent with the amended budget but remain flat compared with the same period of the prior fiscal year.
Transient Occupancy Taxes (TOT), also known as hotel taxes, comprise a very small component of El Cerrito’s budget. This is due to the small number of hotel/motel businesses in the city. TOT receipts are received quarterly, and the City recorded the first quarterly payment for FY 2025-26 during the second quarter.
Franchise Fees are charges imposed on a utility or service provider as consideration (i.e., rent or compensation) for the privilege of using the city’s public rights-of-way or other public property to operate its business. The City has video/cable franchisees, energy (electric and gas) franchisees, and solid waste franchisees. Franchise fees are trending higher in FY 2025-26 than in the prior fiscal year primarily due to changes in rates by energy and solid waste franchisees.
Business License Taxes are paid primarily at the beginning of the fiscal year by anyone doing business in El Cerrito. As per El Cerrito Municipal Code, the Business License Tax rate increases by inflation as calculated by Agenda Packet Page 205 of 324
the change in consumer price index (CPI) each fiscal year. The City has received 93% of the budgeted revenues for Business License Taxes. The remainder of the budget accounts for new businesses and businesses who are delayed on their tax payments.
Property Transfer Taxes (RPTT) are received on a two-month lag from the County, who collects property taxes and property transfer taxes on behalf of El Cerrito. As of December 31, the City had received four months of property transfer tax receipts and eight refund requests through the RPTT rebate program for seismic upgrades and energy and water conservation projects. While the housing market continues to stagnate due to high interest rates and economic uncertainty, a steady number of properties continue to change ownership annually.
The difference in receipts for the second quarter of 2025-26 versus the same period of FY 2024-25 is attributable to the number of properties that sold in that period and is highly variable.
Utility Users’ Taxes (UUT) receipts are trending as expected for the second quarter of the fiscal year, and slightly above the prior year’s second quarter receipts. UUT is received from filers on a monthly, quarterly, or annual basis based on the annual tax amount that they remit. In 2024, El Cerrito contracted with HdL for UUT administration and collections services, improving both revenue capture and forecasting accuracy. Staff estimate that most of the increase in revenue from FY 2024-25 to FY 2025-26 is due to a combination of increased utility rates for water and power (electricity and gas), as well as HdL’s enforcement of deadlines and penalties.
Other Revenue
While taxes comprise the majority of El Cerrito’s revenues, other revenue sources also provide important funds for services.
• Licenses and Permits primarily reflect Community Development permits (building, electrical, mechanical, plumbing). Revenues in this category are offset by expenses (e.g., permit review), since these revenues are limited to cost recovery. Revenues are trending lower in FY 2025-26 compared to FY 2024-25, but the timing of large projects varies widely depending on market conditions and individual project-based decisions.
• Fines & Forfeitures are trending higher in the current year than the prior year. This category includes vehicle citation fees and fines and penalties for late payment of taxes. This is primarily due to higher parking citation revenue and higher business license fines in the second quarter of FY 2025-26 than the same period of FY 2024-25.
• Use of Money and Property includes interest income and rental charges. The increase in interest in FY 2025-26 over FY 2024-25 is due to the investment of the City’s Section 115 Trust in November 2024 with a moderately conservative investment approach. Due to the timing of the investment, interest earnings on the Trust were not generated during the first quarter of FY 2024-25. The City is also trending higher on rental revenues in the Recreation department.
• Intergovernmental Revenues include state reimbursements and funds from other governmental agencies. These revenues are trending on budget. Major factors include unexpected Excess VLF revenues from the State and higher Kensington reimbursements due to increases in Fire Department operational costs, offset by lower reimbursements from the California Office of Emergency Services (CalOES) due to lower needs for incident support from the El Cerrito Fire Department in FY 2025-26. • Charges for Services include fees such as recreation program fees, planning and inspection fees, and other charges for service citywide. This category is trending lower in the current fiscal year due to fewer months of recreation summer camps (9 weeks instead of 10 as in FY 2024-25), revenue decreases associated with the school strike, lower childcare program demand, and lower entitlement fees than the prior year.
• Other Revenue includes donations, sales of property, some insurance claim reimbursements, and cannabis revenues. This category is trending above expectations for this time in the fiscal year. • Other Financing Sources includes transfers in from other funds for overhead costs supported by the General Fund. This category is largely determined during budget development based on the City’s debt obligations and is trending exactly on budget.
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Table 2 shows General Fund revenues by department for the second quarter of FY 2024-25 and FY 2025-26. The large majority of revenues are received in Non-departmental, primarily from taxes collected. Revenues received in the Community Development and Recreation Departments are primarily from user fees, while Fire Department revenues largely consist of reimbursements for service from Kensington and from CalOES.
As noted above, revenues are highly cyclical and depend on the type of work done by the department and their unique cycles. A portion of Recreation’s busiest time of year has already passed in July and August, resulting in high revenues during the first half of the year. Recreation Department revenues total 57% of the annual budget, compared with 66% at the same point in FY 2024-25, primarily due to a shorter summer camp season, costs associated with the school strike, and lower childcare program demand.
While business licenses were collected during July as usual, planning and building permit activity was lower than the prior year, resulting in a Community Development budget that is trending below the prior year. The number of permits is trending similar to prior years, but the types of projects being permitted have lower associated fees than those in past years, resulting in a decrease in planning fee revenue. These fees are set on a cost-recovery basis, so some City costs will decrease with lower fee revenue, but some fixed City costs will remain the same even if revenue decreases. Public Works revenues are trending higher than the prior year due to higher building and encroachment permit activity. Fire revenues are trending slightly below budget due to lower CalOES reimbursements.
Table 2: Quarter 2 General Fund Revenues by Department
Department
FY 2024-25 FY 2025-26 % Change in
Actuals FY25
to FY26
Amended
Budget Q2 Actuals % of Budget
Amended
Budget
Q2 YTD
Actuals
% of
Budget
Administration $11,500 $10,468 91% $16,000 $10,605 66% 1% Community
Development
2,517,396 1,712,862 68% $2,621,572 1,676,905 64% -2%
Fire 5,384,101 2,774,088 52% $5,605,111 2,678,617 48% -3% Non-departmental 37,083,964 13,818,475 37% $38,900,554 14,554,023 37% 5% Police 186,000 116,013 62% $188,080 129,955 69% 12%
Public Works 599,132 241,593 40% $622,117 299,576 48% 24% Recreation 5,604,351 3,712,126 66% $5,826,358 3,318,879 57% -11% Totals $51,386,444 $22,385,625 44% $53,779,792 $22,668,560 42% 1% GENERAL FUND – EXPENDITURES
As of December 31, 2025, General Fund expenditures total 52% of the FY 2025-26 adopted budget, which is consistent with normal expenditure timing patterns. Below is a list of what each classification includes. • Personnel: Full-time and part-time staff salaries and benefits, including pension costs. • Purchased Professional & Technical Services: Outsourced services, consulting services, temporary staffing, software licenses and maintenance.
• Purchased Property Services: Utilities, landscape maintenance, janitorial services, and other miscellaneous repair and maintenance services.
• Other Purchased Services: Insurance, telephone and internet services, travel and training, dues and subscriptions, and legal notices.
• Supplies: Office supplies, medical and safety supplies, uniforms, fuel, employee and volunteer recognition, infrastructure and building supplies, and postage. • Property & Capital: Equipment, vehicles, building maintenance, and capital outlay. • Financing Costs: principal and interest for city debt; licenses, fees, and charges; and bank and credit card fees.
• Other Financing Uses: Transfers out of the General Fund.
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Table 3 shows General Fund expenditures by classification for the second quarter of FY 2024-25 and FY 2025-26.
Table 3: Quarter 2 General Fund Expenditures by Classification Classification
FY 2024-25 FY 2025-26 % Change in
Actuals FY25
to FY26
Amended
Budget Q2 Actuals % of Budget
Amended
Budget
Q2 YTD
Actuals
% of
Budget
Personnel 38,019,416 19,738,152 52% 39,641,566 $20,622,222 52% 4% Purchased Professional
& Technical Services
5,298,500 2,060,535 39% 5,396,155 2,061,273 38% 0%
Purchased Property
Services
2,258,877 957,593 42% 2,378,761 1,059,060 45% 11%
Other Purchased
Services
3,859,771 2,939,699 76% 4,384,411 3,496,255 80% 19%
Supplies 876,170 344,096 39% 899,845 316,426 35% -8%
Property & Capital 736,513 103,425 14% 499,942 67,994 14% -34% Financing Costs 539,822 175,952 33% 530,949 186,678 35% 6% Other Financing Uses 758,329 379,165 50% 945,035 564,167 60% 49% Totals $52,347,399 $26,698,616 51% 54,676,664 28,374,075 52% 6% Personnel expenditures increased 4% from FY 2024-25 to FY 2025-26 due to negotiated cost-of-living adjustments, market adjustments from the City’s Classification and Compensation study, merit and step increases, and higher medical benefit costs. Expenditures for Purchased Professional & Technical services are trending on budget and vary depending on the timing of special projects and permit activity. Other Purchased Services include the City’s insurance payments, which went up over 17% from FY 2024-25 to FY 2025-26 and are paid at the beginning of the fiscal year. Other Purchased Services also increased from FY 2024-25 due to the one-time Council Chambers Audio-Visual project in FY 2025-26.
Table 4 shows expenditures by department for the second quarter of FY 2024-25 and FY 2025-26.
Table 4: Quarter 2 General Fund Expenditures by Department Department
FY 2024-25 FY 2025-26 % Change in
Actuals FY25
to FY26
Amended
Budget Q2 Actuals % of Budget
Amended
Budget
Q2 YTD
Actuals
% of
Budget
Administration 7,729,678 4,560,781 59% $8,700,991 $5,463,354 63% 20% Community
Development
4,133,728 1,669,001 40% $4,116,506 1,708,069 41% 2%
Fire 15,338,246 8,357,032 54% $16,147,007 8,518,858 53% 2% Non-departmental 882,691 395,703 45% $1,065,674 561,187 53% 42% Police 15,052,742 7,283,638 48% $15,326,561 7,676,742 50% 5% Public Works 2,481,847 1,113,544 45% $2,604,358 1,124,585 43% 1% Recreation 6,728,467 3,318,918 49% $6,715,567 3,321,280 49% 0% Total $52,347,399 $26,698,616 51% $54,676,664 $28,374,075 52% 6% Expenditures in most departments are tracking close to the same point in FY 2024-25, with higher year-overyear costs in City Administration driven by insurance and software subscription increases and higher Police Department costs driven by negotiated salary increases. The increase from FY 2024-25 to FY 2025-26 in the Police Department is due to negotiated salary increases, while the increase in non-departmental expenditures is due to the timing of payments to the County for additional library services. Non-departmental expenditures include library services, debt service, and operating transfers out to other funds.
Through December 31, 2025, the City Council has approved $912,646 in General Fund expenditure amendments. When combined with the originally projected surplus of $15,774, these actions result in a planned use of fund balance of $896,872 for FY 2025-26. If the City Council approves the proposed pool renovation project at the February 3, 2026 meeting, expenditures will increase by an additional $762,100. Table 5 lists the Agenda Packet Page 208 of 324
amendments approved through December 31, 2025.
Table 5. City Council-Approved General Fund Budget Amendments in FY 2025-26 as of December 31, 2025 Department Description Amount
Citywide Incomplete Purchase Orders from FY25 $ 291,695 City Council Audio-Visual System Improvements 317,535
Public Works/Recreation Pool Replaster 183,300
Fire Local 1230 New MOU 120,116
Total General Fund Expenditure Increases $ 912,646
GENERAL FUND BALANCE
The FY 2024-25 General Fund balance was $24.3 million. Table 6 provides updated projections for FY 2025-26.
The projected General Fund balance is $22.6 million, or 41% of expenditures. Of this amount, approximately $12 million remains after excluding the Section 115 Trust, Emergency and Disaster Relief Fund (EDRF), and nonspendable funds.
According to the City’s Comprehensive Financial Policy, the minimum recommended General Fund Reserve is 17% of expenditures, or $9.3 million. Based on current projections, the City will have $2.7 million in discretionary reserves at the end of FY 2025-26. The Comprehensive Financial Policy also recommends funding the EDRF at 13% of expenditures, which would be $7.09 million. The City’s current EDRF funding level of $7.5 million is higher than the policy level based on FY 2025-26 budgeted expenditures.
Table 6: FY 2025-26 Quarter 2 General Fund Balance
Fund Balance Projection
FY25 General Fund - Total Fund Balance $ 24,250,508
EDRF (7,500,000)
Section 115 (2,960,245)
Non-Spendable (175,376)
FY26 Projected Revenue 53,779,792
FY26 Projected Expenditures (54,676,664)
Anticipated Pool Renovation Expenses (762,100)
Change in fund balance (1,658,972)
Projected Total Ending FY26 Fund Balance 22,591,536
EDRF (Internally Restricted) (7,500,000)
Section 115 (Restricted) (2,960,245)
Non-Spendable (175,376) (10,635,621)
Projected FY26 Unrestricted Fund Balance 11,955,915
FY26 Expenditure Proposed Budget 54,676,664
FY26 17% Reserve Goal (9,295,033)
Projected discretionary as of June 30, 2026 2,660,882
FY 26 Projected Ending Total Fund Balance 22,591,536
Projected unassigned (less Section 115) 11,955,915
Projected unassigned percent as of June 30, 2026 22%
Section 115 Pension Trust and Non-Spendable amounts shown here reflect FY 2025 audited values.
Pool expenditures will be presented for City Council consideration at the February 3, 2026 meeting.
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CONCLUSION
As of the second quarter of FY 2025-26, revenues and expenditures remain closely aligned with the adopted budget and reserves remain above policy thresholds. Additional approved appropriations increases are expected to utilize a portion of the City’s discretionary unassigned fund balance during the fiscal year. Staff will continue to monitor trends and adjust forecasts as updated information becomes available.
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AGENDA BILL
Agenda Item No. 8.C.
Date: February 3, 2026
To: El Cerrito City Council
From: Roland Lambert, Associate Engineer, Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department; Christopher Jones, Recreation Director, Recreation Department
Subject: Award of Construction Contract for the Swim Center Accessible Parking Improvements Project, City Project No. C3050.10
ACTION PROPOSED
Adopt a resolution awarding the contract for the Swim Center Accessible Parking Improvements Project, City Project No. C3050.10 (Project) to GradeTech Inc. as the lowest responsive and responsible bidder; authorizing the City Manager to execute a contract in the amount of $662,090.28 and to approve potential change orders in an amount not to exceed $100,000, for the construction of the Project; and appropriating a one-time allocation from the General Fund in the amount of $762,100 in Fiscal Year 2025-26.
BACKGROUND
The Project implements accessible parking, path of travel, and related upgrades, part of the Swim Center improvements discussed and approved by the City Council at its August 19, 2025 and October 21, 2025 meetings. The Project consists of reconstruction of existing accessible parking spaces and paths of travel between the parking spaces, building entrances, and Moeser Lane to meet current codes, including Americans with Disabilities Act (ADA) requirements, resurfacing of the parking lot pavement, reconstruction of existing landscaping planters with required stormwater treatment facilities, and installation of Electric Vehicle Supply Equipment (EVSE) infrastructure and two dual-port charging stations, including ADA-compliant access. More substantial rehabilitation of the parking lot pavement was bid as Additive Alternate 1 to allow flexibility of award within available funding.
The Notice Inviting Bids for the Project was advertised in the West County/East Bay Times on December 10 and 17, 2025. Additionally, the notice along with a complete set of Contract Documents was sent to builder and construction exchanges in the Bay Area and Northern California and made available for purchase through an online plan room used by the City. The notice was also posted on the City’s website.
A non-mandatory pre-bid conference was held on December 17, 2025, and two addenda were issued. Addendum No. 1 amended the Bid Proposal form in response to bidder questions to provide clarity; added Additive Alternate 2 to reroute an electrical conduit over the Locker Room building to maintain electrical service during a future pool deck replacement; added a required Stormwater Control Plan; and included design team responses addressing City Building permit plan-check comments.
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Agenda Item No. 8.C.
Addendum No. 2 addressed additional bidder questions and clarified the limits of work (square footage) for Additive Alternate 1.
ANALYSIS
Twelve bids were received by the advertised Bid Opening date and time of January 14, 2026, at 2 p.m. The bids were publicly opened and read by the City Clerk. All bids were checked for completeness and GradeTech Inc., the apparent low bidder at the time of the Bid Opening, was found to be responsive. City staff determined that the bid from BuildCorp Inc. was non-responsive because it was submitted on the incorrect Bid Proposal form.
The results of the bids are summarized below.
Name and
Location of
Bidder
Base Bid Total Additive Alternate 1
Rehab Pavement
Additive Alternate
2 Reroute Electrical
Conduit
Engineer’s
Estimate
$913,654.00 $58,750.00 $25,000.00
GradeTech Inc.
Livermore, CA
$551,090.28 $81,000.00 $30,000.00
JPB Designs
Sacramento, CA
$671,580.00 188,000.00 $90,000.00
Frontline General
Engineering
Construction
Tracy, CA
$677,562.83 102,987.50 $8,371.20
ModernScapes
Innovation
Oakley, CA
$687,857.00 $160,500.00 $22,500.00
RNR Paving Inc.
San Ramon, CA
$703,616.50 $105,735.68 $35,000
Cestarollo
Construction
San Rafael, CA
$744,850.00 $120,000.00 $20,000
FBD Vanguard
Construction
Livermore, CA
$782,943.50 $115,025.00 $20,160
BuildCorp Inc.
San Francisco, CA
Not Applicable
Non-Responsive
$171,500.00 Not Applicable
Agenda Packet Page 212 of 324
Agenda Item No. 8.C.
Mark Lee Young
Kay Inc
Oakland, CA
$1,016,787.00* $200,000.00 $1.00
Kerex Engineering
Pacheco, CA
$951,685.00* $180,000 $ 0.00
Molokai Electric
LLC
Sacramento, CA
$998,000.00 $295,000 $185,000.00
S&H Construction
Inc.
Fremont, CA
$1,045,125.00* $40,000 $60,000
*Conformed bid total based on unit price bid.
The Base Bid of $551,090.28, Additive Alternate 1 of $81,000.00, and Additive Alternate 2 of $30,000.00, totaling $662,090.28 submitted by GradeTech Inc. are well below the Engineer’s Estimate totaling $994,829.00. Several factors likely contributed to bids coming in below the Engineer’s Estimate. The Project was widely advertised and attracted 12 bidders, creating strong competitive pressure that often drives prices down.
Low bidders may have readily available crews, favorable subcontractor pricing (especially for electrical and paving trades), and recent experience with ADA, stormwater, and EVSE work, allowing them to price the scope more efficiently. Overall, these market dynamics and firm specific efficiencies help explain why several proposals came in well below the Engineer’s Estimate.
City staff recommend that the City Council award a construction contract in the amount of $662,090.28 for the Base Bid plus Additive Alternates 1 and 2 to GradeTech Inc. as the lowest responsive and responsible bidder.
STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal(s) of:
• High Performing Organization; and
• Community Safety; and
• Livability and Belonging; and
• Infrastructure and Amenities.
ENVIRONMENTAL CONSIDERATIONS
The Project is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) because the Project is a repair to an existing facility involving negligible or no expansion of use beyond that presently existing.
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Agenda Item No. 8.C.
Additionally, under this exemption the restoration or rehabilitation of deteriorated or damaged facilities to meet current standards of public health and safety is exempt, unless it is determined that the damage was substantial and resulted from an environmental hazard such as an earthquake, landslide, or flood. There are no such environmental hazard present here.
FINANCIAL CONSIDERATIONS
Based on the Project bid results and previously approved soft costs, the estimated cost for construction totals $1,015,071, a decrease of $326,036 from the amount previously reported in August and October 2025. The estimated cost for both Swim Center approved projects (Lap Pool Replaster and Accessible Parking Lot & Related Upgrades) totals $1,645,355, a decrease of $665,776 as summarized below. Additional details are provided in Attachment 2.
Original Estimate (August 2025) $2,311,131
Current Estimate (January 2026) $1,645,355
Difference/Savings -$665,776
The City Council has previously approved budget in the amount of $883,300, including $200,000 from Measure H and $683,300 from discretionary General Fund reserves.
This leaves a balance of just under $762,100 to complete the construction of the Project. City staff requests a budget appropriation in this amount from the General Fund unassigned balance to fully fund the Project in Fiscal Year 2025-26.
LEGAL CONSIDERATIONS
The City Attorney has reviewed the proposed actions and found that legal considerations have been addressed.
Reviewed by:
Karen Pinkos, City Manager
Attachments:
1. Resolution
2. January 2026 Updated Cost Estimate
Agenda Packet Page 214 of 324
RESOLUTION 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO AWARDING
THE CONTRACT FOR THE SWIM CENTER ACCESSIBLE PARKING
IMPROVEMENTS PROJECT, CITY PROJECT NO. C3050.10 (PROJECT) TO GRADETECH INC. AS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER;
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN THE AMOUNT OF $662,090.28 AND TO APPROVE POTENTIAL CHANGE ORDERS IN AN AMOUNT NOT TO EXCEED $100,000 FOR THE CONSTRUCTION OF THE PROJECT; AND
APPROPRIATING A ONE-TIME ALLOCATION FROM THE GENERAL FUND IN THE AMOUNT OF $762,100 IN FISCAL YEAR 2025-26
WHEREAS, the Project implements the Swim Center Parking Lot ADA & Path of Travel, Stormwater Bioretention, & Electric Vehicle Charging Improvements approved by the City Council at its August 18, 2025 meeting; and
WHEREAS, the Project consists of reconstruction of existing accessible parking spaces and paths of travel between the parking spaces, building entrances, and Moeser Lane to meet current codes, including Americans with Disabilities Act (ADA) requirements, rehabilitation of the parking lot pavement, reconstruction of existing landscaping planters with required stormwater treatment facilities, and installation of Electric Vehicle Supply Equipment (EVSE) infrastructure and two dual-port charging stations, including ADA-compliant access; and
WHEREAS, the Notice Inviting Bids for the Project was advertised in the West County/East Bay Times on December 10 and 17, 2025 and the notice and complete set of Contract Documents were sent to builder and construction exchanges and made available to contractors through an online planroom; and WHEREAS, a non-mandatory pre-bid meeting was held on December 17, 2025, and two addenda were issued; and
WHEREAS, twelve bids were publicly opened and read by the City Clerk on January 14, 2026, at 2 p.m., the advertised Bid Opening date and time; and WHEREAS, all bids were checked for completeness and GradeTech Inc., the apparent low bidder at the time of the Bid Opening, was found to be responsive; and WHEREAS, the bid submitted by BuildCorp Inc. (San Francisco, CA) was determined to be non-responsive as it did not meet the Bid Proposal form requirements; and
WHEREAS, the Base Bid of $551,090.28, Additive Alternate 1 of $81,000.00, and Additive Alternate 2 of $30,000.00, totaling $662,090.28 submitted by GradeTech Inc. are well below the Engineer’s Estimate; and
Agenda Packet Page 215 of 324
WHEREAS, GradeTech Inc. submitted the lowest responsible and responsive bid; and
WHEREAS, a one-time allocation of funds is required from the General Fund unassigned balance to complete the Project; and
WHEREAS, the Project is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) because the project is a repair to an existing facility involving negligible or no expansion of use beyond that presently existing.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that is hereby:
1) Awards a contract for the Swim Center Accessible Parking Improvements Project, City Project No. C3050.10 (Project) to GradeTech Inc. as the lowest responsive and responsible bidder; and
2) Authorizes the City Manager to execute a contract in the amount of $662,090.28 and to approve potential change orders in an amount not to exceed $100,000 for the construction of the Project; and
3) Amends the Fiscal Year 2025-26 Adopted Budget to appropriate $762,100 from the General Fund unassigned balance
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon passage and adoption.
I CERTIFY that at a regular meeting on February 3, 2026, 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:
________________________
Gabe Quinto, Mayor
Agenda Packet Page 216 of 324
CITY COUNCIL-APPROVED SWIM CENTER PROJECTS
UPDATED COST ESTIMATE
January 2026
ITEM AUG 2025 CURRENT
CONTRACTOR COSTS
$ 538,704 $ 224,133
$ 3,970
$ 538,704 $ 228,103
HARD COSTS 15% CONTINGENCY $ 80,806 $ 34,215
TOTAL HARD COSTS $ 619,510 $ 262,318
SOFT COSTS (Percentages based on Subtotal Hard Costs)
$ 15,951 $ 15,951
$ 29,540 $ 54,015
$ 3,000 $ 3,000
$ 65,000 $ 65,000
$ 113,491 $ 137,966
$ 17,024 $ 10,000
TOTAL SOFT COSTS $ 130,515 $ 147,966
TOTAL HARD & SOFT COSTS $ 750,024 $ 410,284
FULL SCOPE DESIGN FEE $ 220,000 $ 220,000
GRAND TOTAL $ 970,024 $ 630,284
$ (339,740)
ITEM AUG 2025 CURRENT
CONTRACTOR COSTS
$ 966,597 $ 551,091
$ 81,000
$ 30,000
$ 966,597 $ 662,091
HARD COSTS 15% CONTINGENCY $ 144,990 $ 100,000
TOTAL HARD COSTS $ 1,111,587 $ 762,091
SOFT COSTS (Percentages based on Subtotal Hard Costs)
Design Fee $ 5,000 $ 25,400
Permitting Fees $ 17,356 $ 17,356
Pre-Construction Project Management $ 29,540 $ 29,540
Testing and Inspection $ 27,500 $ 27,500
Construction Project Management $ 120,186 $ 120,186
$ 199,582 $ 219,982
$ 29,937 $ 32,997
TOTAL SOFT COSTS $ 229,520 $ 252,980
$ 1,341,106 $ 1,015,071
$ (326,036)
$ 2,311,131 $ 1,645,355
$ (665,775)
TOTAL HARD & SOFT COSTS
APPROVED SWIM CENTER PROJECTS GRAND TOTAL
SOFT COSTS CONTINGENCY (15%)
DIFFERENCE/SAVINGS
TOTAL DIFFERENCE/SAVINGS
SUBTOTAL SOFT COSTS
PROJECT NAME
Lap Pool Replaster
COST ESTIMATE
SOFT COSTS CONTINGENCY (ORIGINALLY 15%)
COST ESTIMATE
Additive Alternate 1
Base Bid
PROJECT NAME
Accessible Parking and Related Upgrades
DIFFERENCE/SAVINGS
SUBTOTAL HARD COSTS
SUBTOTAL SOFT COSTS
Permitting Fees
Pre-Construction Project Management
Testing and Inspection
Construction Project Management
SUBTOTAL HARD COSTS
Base Bid
Additive Alternate 1
Additive Alternate 2
Agenda Packet Page 217 of 324
AGENDA BILL
Agenda Item No. 8.D.
Date: February 3, 2026
To: El Cerrito City Council
From: Mayor Wysinger and Councilmember Motoyama, City Council Policy AdHoc Subommittee; Holly M. Charléty, City Clerk, City Management Subject: City Council Policy Subcommittee Report and Recommendations
ACTION PROPOSED
Conduct a study session on proposed revisions to the City Council Policies and Rules of Order and Procedure and 2) Adopt a Resolution to approve the proposed revisions as presented or provide staff direction to return with additional modifications and 3) consider forming an Ad-Hoc Subommittee to Discuss Advisory Body Policies and implications of SB 707.
BACKGROUND
On February 1, 2025, the City Council held a Workshop Retreat during which the City Council and staff discussed City Council meetings and reinstating remote public comments, including safeguards for members and staff against disruptions and hate speech. Mayor Wysinger shared her plans to create a City Council Ad-Hoc Subcommittee (Subcommittee) to work with staff and bring back a proposal to the full City Council.
On February 4, 2025, Mayor Wysinger created a Subcommittee comprised of Councilmember Motoyama and Mayor Wysinger for the purpose of reviewing the City Council Administrative Policies and Rules of Order and Procedure ("Policy") for City Council meetings. Over the past several months, the Subcommittee has met with City staff to review, discuss, and provide direction on proposed modifications to the Policy.
On October 3, 2025, Senate Bill 707 (SB 707) was signed into law. This bill makes several modifications to the Brown Act, which governs how legislative body meetings are held. Several of the required regulations must be in place by July 1, 2026 including a requirement to hold open and public meetings of "eligible bodies" (City Council is an eligible body) with an opportunity for members of the public to attend and participate virtually.
In addition, SB 707 introduces new regulations that define "subsidiary bodies" and allows for certain provisions regarding remote meetings and participation. City Boards, Commissions and Committees would be considered subsidiary bodies. These regulations are optional, but will require City Council discussion and direction. Staff recommends that the City Council discuss this separately, and consider doing so with the formation of a City Council Ad-Hoc Subcommittee to discuss SB 707, as well as review policies and other local regulations in effect for City Boards, Commissions, and Committees as determined by the Subcommittee.
Agenda Packet Page 218 of 324
Agenda Item No. 8.D.
ANALYSIS
The proposed revisions to the City Council Policy include provisions to ensure compliance with the requirements of SB707, as well as recommendations from both staff and the Subcommittee as agreed upon by the Subcommittee for discussion with the City Council. Below provides a summary of the proposed modifications:
1. The document in its entirety has been rearranged and reordered to provide more logical grouping by topics of information contained within the document. During this process several areas were identified and removed that contained duplicate information in the document such as order of items on the agenda and procedures related to public participation. The document now contains the following sections:
o City Council Policies
o Rules of Order and Procedures
▪ Duties
▪ Procedural Matters
▪ Bringing Matters Before City Council
▪ Meetings, Schedule, and Council Chamber Use
▪ General Meeting Protocol
▪ Agenda/Order of Business
▪ Meeting Agenda and Materials
▪ Agenda Sequence and Order of Business
▪ Description of Items of Business
▪ Conduct of Meetings
▪ Public Participation
▪ Teleconferencing Technology
▪ Decorum
▪ Parliamentary Procedure
o Enforcement of Policies and Penalties for other Misconduct by Members
2. Content that is more appropriately included in City Administrative Policies has been removed, such as preparation and distribution of meeting materials. In addition, the title of the document has the word "Administrative" removed as these are the type of policies approved by the City Manager. The policies included in this document are not administrative but rather procedural in nature.
3. Bringing Matters Before City Council has been modified to provide clarity to the multiple ways in which an item can be placed on the agenda including:
o A request by an individual Councilmember approved by the Mayor. ▪ A denied request may be subsequently requested at a City Council meeting (preferably during Council Communications), and must be approved by a majority vote of the City Council.
o A request by an external party approved by the Mayor or City Manager.
Agenda Packet Page 219 of 324
Agenda Item No. 8.D.
o A request for a future agenda item as a result of direction or action by the City Council.
o A request by City staff approved by the City Manager.
4. Formal City Council Positions has been updated to reflect the process with the new legislative platform adopted by the City Council.
5. Oral Communications has been updated to include language regarding ability to participate in person or using the teleconferencing platform provided by the City.
6. Responses to Public Comment has been added to clarify that during public comment, Councilmembers will not respond to ensure that the Brown Act is not violated.
7. Time Limitations has been modified to reiterate the Mayor's discretion to reduce speaker time, and provides an optional process to follow regarding reductions in time, as follows:
o 1-10 speakers, 3 minutes
o 11-20 speakers, 2 minutes
o 21-30 speakers, 1 minute
o 31+ speakers, 1 minute and the total time for public comments may be reduced
8. Teleconferencing Technology section was added to ensure compliance with SB707 requirements. This section indicates that a two-way audio-visual platform, with safeguards to minimize meeting disruptions, is to be used to allow remote public participation. The section includes language specified in SB707 regarding the procedure to be followed should the technology fail during the meeting.
A subsection regarding Suspending Remote Participation is also included to provide language allowing for the suspension of remote participation by individuals in the case where conditions exist that impact the ability of the City Manager to provide a harassment free work environment for staff, or a significant disruption is causing the inability to conduct the business of the meeting.
9. Decorum by Councilmembers was modified to clarify and reduce inappropriate interactions during meetings, and strive to minimize the use of electronic devices during the meeting for any purpose other than city business.
10. Speaker Decorum was updated to include clear language defining what is considered a disruption, and that an individual may be removed for disruptive conduct after the presiding officer has issued a warning.
11. Enforcement of Decorum was expanded to clarify the process for addressing disruptions, and the ability to clear the chambers of attendees if certain conditions exist.
Agenda Packet Page 220 of 324
Agenda Item No. 8.D.
In addition, a section was added for the Verbal Conduct Denigrating Individuals Based on a Protected Category which provides a specific process for addressing disruptive behavior that includes a person engaging in denigrating verbal conduct against an individual for any reason related to a protected category such as race, religion, or national origin.
All other modifications are administrative in nature, and attempt to clarify, create consistency, or otherwise create a more cohesive document.
STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal(s) of:
• High Performing Organization
ENVIRONMENTAL CONSIDERATIONS
This section is not applicable to this agenda item.
FINANCIAL CONSIDERATIONS
This section is not applicable to this agenda item.
LEGAL CONSIDERATIONS
The City Attorney has reviewed all documents and found them to be in compliance with applicable laws.
Reviewed by:
Karen Pinkos, City Manager
Attachments:
1. Resolution
2. Exhibit A to Resolution
3. Council Rules of Order (Redline)
Agenda Packet Page 221 of 324
RESOLUTION 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO ADOPTING
CITY COUNCIL POLICIES AND RULES OF ORDER AND PROCEDURE AND SUPERSEDING RESOLUTION 2020-59
WHEREAS, on November 3, 1997 the City Council adopted Resolution 1997-99 regarding Council Meeting Rules and Procedures; and
WHEREAS, on December 1, 2020 the City Council Adopted Resolution 2020-59 expanding the Council Meeting Rules and Procedures and adopted the City Council Administrative Policies and Rules of Order and Procedure; and WHEREAS, on February 1, 2025 the City Council held a Workshop Retreat during which the City Council and staff discussed City Council meetings and remote public comments, safeguards for members and staff if brought back; and WHEREAS, on February 4, 2025 the Mayor created an ad-hoc committee comprised of Councilmember Motoyama and Mayor Wysinger for the purpose of reviewing the City Council Administrative Policies and Rules of Order and Procedure (Policy); and
WHEREAS, the City Council Policy Ad-Hoc Committee met several times with staff to review, discuss, and provide direction on proposed modifications to the Policy; and WHEREAS, on February 3, 2026 the Ad-Hoc Committee presented proposed modifications to the Policy and recommended adoption; and WHEREAS, it is the City Council's desire to adopt the City Council Policies and Rules of Order and Procedure incorporated and attached hereto as Exhibit A and to make the findings included in Exhibit A related to disruption of meetings.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of El Cerrito adopts the attached Administrative Policies and Rules of Order and Procedure.
BE IT FURTHER RESOLVED, that the City Manager is authorized to make nonsubstantive administrative changes to the policy without Council Approval.
BE IT FURTHER RESOLVED, that this resolution shall become effective immediately upon passage and adoption.
Agenda Packet Page 222 of 324
I CERTIFY that at a regular meeting on February 3, 2026 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:
________________________
Gabe Quinto, Mayor
Agenda Packet Page 223 of 324
El Cerrito City Council
Policies and
Rules of Order and Procedure
Last Adopted: February 3, 2026
Table of Contents
SECTION ONE: PREAMBLE ..................................................................................... 3 A. CITY COUNCIL AUTHORITY ....................................................................... 3 SECTION TWO: CITY COUNCIL POLICIES ............................................................. 3 A. CITY COUNCIL CODE OF CONDUCT ......................................................... 3 B. SELECTION OF CITY COUNCIL OFFICERS ............................................... 4 C. COMMUNICATION WITH CITY ADMINISTRATION .................................... 5 D. COMMUNICATION WITH THE PUBLIC ....................................................... 6 E. CITY COUNCIL EXPENDITURES ................................................................ 6 SECTION THREE: RULES OF ORDER AND PROCEDURE ................................... 7 A. DUTIES .......................................................................................................... 7
1. Duties of Mayor and Mayor Pro Tempore............................................... 7
2. Duties of Councilmembers....................................................................... 8 B. PROCEDURAL MATTERS ........................................................................... 8
1. Bringing Matters Before City Council ...................................................... 8 Boards, Commissions, and Committee Recommendations .............. 8 Emergency and Non-Agendized Items .............................................. 8 Proclamations.................................................................................... 9 Formal City Council Positions............................................................ 9 Presentations..................................................................................... 9
2. Meetings, Schedule, and Council Chamber Use ..................................... 10 Regular Meetings............................................................................. 10 Special Meetings ............................................................................ 10 Closed Session............................................................................... 10 City Council Recess Periods.......................................................... 10 Use of City CouncilChambers....................................................... 10 City Council Chamber Capacity..................................................... 11 Alternate Facilities for Council Meetings........................................ 11 Exhibit A
Agenda Packet Page 224 of 324
El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 2 of 27
3. General Meeting Protocol ........................................................................ 11 Call to Order - Presiding Officer .................................................... 11 Roll Call........................................................................................... 11 Quorum Call.................................................................................... 12 Adjournment ................................................................................... 12 C. AGENDA/ORDER OF BUSINESS ..............................................................12
1. Meeting Agenda and Materials ................................................................ 12
2. Agenda Sequence and Order ofBusiness............................................ 12
3. Description of Items of Business.............................................................. 13 Consent Calendar........................................................................... 13 Public Hearings............................................................................... 14 Study Sessions and PublicDiscussions........................................ 15 Requests for Technical Assistance and/orReports...................... 15 D. CONDUCT OF MEETINGS.........................................................................15
1. Public Participation .................................................................................. 15 Written Communications................................................................ 16 Oral Communications..................................................................... 16 Addressing the City Council ............................................................ 16 Responses to Public Comment ..................................................... 17 Addressing the City Council after MotionMade............................ 17 Speaker Protocol ............................................................................. 17 Time Limitations ............................................................................. 17 Yielding of Time.............................................................................. 18
2. Teleconferencing Technology ............................................................... 18 Suspending Remote Participation.................................................... 19
3. Decorum ................................................................................................. 19 Decorum by Councilmembers ....................................................... 20 Speaker Decorum .......................................................................... 20 Enforcement of Decorum ............................................................... 21 Verbal Conduct Denigrating Individuals Based on a Protected Category .......................................................................................... 21
4. Parliamentary Procedure ......................................................................... 22 Motions .......................................................................................... 22 Rules of Debate.............................................................................. 23 Motions Not Subject to Debate ........................................................ 23 Voting.............................................................................................. 23 Voting Disqualification.................................................................... 24 SECTION FOUR: ENFORCEMENT OF POLICIES AND PENALTIES FOR OTHER MISCONDUCT BY MEMBERS ................................................................................25 SECTION FIVE: HISTORY.......................................................................................27 Agenda Packet Page 225 of 324
El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 3 of 27 SECTION ONE: PREAMBLE
A. CITY COUNCIL AUTHORITY
The purpose for establishing City Council Policies and Rules of Order is to provide an effective environment for the City Council to exercise leadership. This document may be amended by a majority vote of the City Council and should be reviewed on a regular basis to ensure that the document remains helpful to the Council in providing a framework for effective leadership. Until such time as they are amended and adopted by resolution, these Policies and Rules of Order and Procedure shall govern the order and conduct of business of the City Council and other legislativebodies that meet concurrently with the City Council. The rules and procedures set forth herein are not exclusive and do not limit the inherent power and general legal authority of the City Council, or of its Mayor, to govern the conduct of City Council meetings as may be considered appropriate from time to time or in particular circumstances for purposes of orderly and effective conduct of the affairs of the City. A majority of the City Council present at a City Council meeting shall have the authority to waive provisions of the policy and procedures unless otherwise required by law.
SECTION TWO: CITY COUNCIL POLICIES
A. CITY COUNCIL CODE OF CONDUCT
Members of City Council shall abide by the following code of conduct. Members shall:
1) Work for the common good of the people of El Cerrito and not for any private or personal interest.
2) Endeavor to treat all members of the public and issues before them in a fair and equitable manner.
3) Make impartial decisions, free of bribes, unlawful gifts, narrow political interests and financial or other personal interests that impair independence of judgment or action. 4) Decisions will be fair, objective, made in public (unless allowed or required to be made in closed session), and understandable.
5) Fully participate in their meetings and other public forums while demonstrating respect and courtesy to others, practicing civility and decorum in discussions and debate, listening courteously and attentively, and engaging in effective communication.
Members of City Council are expected to contact the City Manager or the City Clerk if they cannot attend a scheduled meeting.
6) Act in an efficient manner, making decisions based upon research and facts in accordance with the Brown Act to allow full and equal participation in the public process.
Agenda Packet Page 226 of 324
El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 4 of 27 7) Refrain from abusive conduct, personal charges or verbal attacks upon the character, motives, ethics or morals of other members, staff or members of the public. Refrain from negative comments regarding any person or group based on their race, ethnicity, sex, gender, sexual orientation, national origin, immigration status, religion, disability, age, marital status, or membership in any other protected category. 8) Respect and preserve the confidentiality of information provided to them concerning confidential matters of the City, and refrain from disclosing any information received confidentially without proper legal authorization nor use such information to advance the personal, financial, or private interests of themselves or others. 9) Use their title only when conducting official City business, for informational purposes, or as an indication of background and expertise, carefully considering whether they are exceeding or appearing to exceed their authority.
10)Respect established channels of communication with City staff, treat staff members professionally, and not attempt to pressure or influence discussions, recommendations, workloads, schedules or department priorities without the approval of a majority of the City Council providing direction directly to the City Manager. 11)In unofficial settings, members of City Council shall be clear in representing to the public, other agencies, and the media whether their comments or statements represent the official position of the City or a personal viewpoint.
In addition, the Councilmember appointed to the role of Mayor shall be clear in making oral or written public statements that they represent their personal viewpoint as the Mayor, or upon approval of a majority of the City Council, represent the viewpoint of the full City Council. The Mayor shall report out at a City Council Meeting, any statements made representing the viewpoint of the full City Council. 12)Complete 2 hours of Ethics Training in compliance with AB1234 every two years for the duration of their term.
13)Complete 2 hours of Sexual Harassment Prevention Training in compliance with AB1661 every two years for the duration of their term.
B. SELECTION OF CITY COUNCIL OFFICERS
At the second regular City Council Meeting in December of each year or when appropriate, the City Council shall select from among its members a Mayor and a Mayor Pro Tempore (Mayor Pro Tem) to serve for the following year in accordance with the following process:
o A newly elected Councilmember, who is not an incumbent, will serve a minimum of one year on the City Council before qualifying to serve as Mayor.
Agenda Packet Page 227 of 324
El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 5 of 27 o The current Mayor Pro Tem will succeed the outgoing Mayor and become the new Mayor.
o The new Mayor Pro Tem will be the Councilmember who has received the highest number of votes, compared to the other Councilmembers elected at the same time. However, if the highest vote-getter in the applicable election cycle has already served as Mayor, and another Councilmember elected in the same cycle has not, preference should be given to the Councilmember who has not yet served as Mayor. This process continues until all Councilmembers elected in the same year have served as Mayor. o An appointed Councilmember shall join the rotation only after first being elected.
o Newly elected and re-elected Councilmembers are added onto the existing order of rotation in the order of the number of votes received, from the highest number of votes to the lowest.
o A Councilmember may decline to serve as Mayor or Mayor Pro Tem. This will drop the Councilmember back one position in the rotation.
This format will be followed unless altered by a majority vote of the City Council. The City Council has the ultimate discretion to elect or not elect any Councilmember for any office. The new Mayor and Mayor Pro Tem shall take office upon a majority vote of the Council. The term of office for the Mayor and Mayor Pro Tem shall be for one calendar year or until the next rotation occurs.
At any time during the term of office for a Mayor or Mayor Pro Tem, an agenda item may be requested by vote of a majority of the City Council to consider removal of a Mayor or Mayor Pro Tem from their appointed role. Subsequently, the formal action of removing a member from their appointed role shall require the vote of a super majority. In the case of removal, the City Council shall select a new member to complete the remaining term of office in place of the removed member.
C. COMMUNICATION WITH CITY ADMINISTRATION
Except for the purpose of inquiry, the City Council shall deal with City employees solely through the City Manager. When a Councilmember requires more than a simple answer to a question, the request shall be referred to the City Manager. No individual Councilmember shall give orders to any subordinates of the City Manager either publicly or privately or discuss the performance of any City employee with any person other than the City Manager.
Agenda Packet Page 228 of 324
El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 6 of 27 D. COMMUNICATION WITH THE PUBLIC
Public service is the first duty of all City Officials, and the public is best served when it is treated well. Councilmembers should always clearly demonstrate their respect for members of the public, both in word and in action. This means keeping communication flowing smoothly and efficiently, giving members of the public feedback on their ideas, treating all sides fairly, understanding there may be something to learn from the public, and always being as encouraging and constructive as possible.
When using social media, Councilmembers must clearly disclose that they are expressing their own personal opinion, and not an official position of the City. When appropriate, posting a disclaimer to this effect is advised. Councilmembers must also use caution when communicating on social media in that it does not become a conduit to communicate with fellow Councilmembers regarding City business.
No member of the City Council shall issue any press release or formal statement on behalf of the City without the express approval of the City Manager. The Councilmember appointed to the role of Mayor shall be clear in making oral or written public statements that they represent their personal viewpoint as the Mayor, or upon approval of a majority of the City Council, represent the viewpoint of the full City Council. The Mayor shall report out at a City Council Meeting any statements made representing the viewpoint of the full City Council.
E. CITY COUNCIL EXPENDITURES
The City Council recognizes the value and benefits to the City when Councilmembers attend meetings and functions for the purpose of advancing knowledge and information relating to municipal government. The City Council also recognizes the obligation to be accountable to the public when attending functions at City expense as set forth by the Policy Regarding Reimbursement and Use of Public Resources (Reimbursement Policy).
If a Councilmember makes the decision to represent the City Council in capacities other than Local Liaison assignments, related expenses are not expressly authorized for reimbursement.
During the budget setting process, the City Council shall review the budget allocated for travel and training and make a determination as to the amount of money allocated to each Councilmember for reimbursement of such activities. Each Councilmember will then have the discretion to determine how to use their allocation of funds, in compliance with the Reimbursement Policy.
Whenever a Councilmember, at City expense, participates in any travel for City business or for City-related educational purposes, he or she shall provide a brief oral or written report (including the purpose of the trip and any observations that may be of value to the City) at the next regular City Council meeting. If any Councilmember fails to adhere to this Section, a majority of the City Council may, after discussion at an open session of the City Council:
Agenda Packet Page 229 of 324
El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 7 of 27 1) Order that the City withhold any and all unpaid expense reimbursements related to the trip until such time as the report is properly filed and accepted by a majority of the City Council; and
2) Limit or prohibit the expenditure of City funds for said Councilmember to travel or attend any function of any kind, whether within the state or out-of-state, for a term to be determined by a majority of the City Council in each instance.
A Councilmember may request a City issued device for the purpose of conducting official City business. In general, no one Councilmember shall be issued more than one device.
Any additional requests for issuance of a device shall require prior approval by the City Council.
SECTION THREE: RULES OF ORDER AND PROCEDURE
A. DUTIES
1. Duties of Mayor and Mayor Pro Tempore
The Mayor is recognized as the official head of the City Council for all ceremonial purposes and shall preside over the meetings of the City Council and preserve strict order and decorum. The Mayor shall state every question coming before the Council. The Mayor shall announce the decision of the City Council on all subjects, and decide all questions of order and subject, however, to an appeal to the City Council, in which event a majority vote of the City Council shall govern and conclusively determine such question of order. When a motion is made, it shall be stated by the Mayor or the City Clerk before debate.
The Mayor, unless unavailable, shall sign all ordinances, resolutions, proclamations and any other documents that have been adopted by the City Council and require an official signature, except when the City Manager has been authorized by City Council action to sign documents. In the event the Mayor is unavailable, the Mayor Pro Tem's signature may be used. The Mayor Pro Tem shall perform the duties of the Mayor during the Mayor's absence. In the event the Mayor and Mayor Pro Tem are absent, the Councilmember with the longest years of City Council service will serve as Mayor Pro Tem.
The City Council seating order shall be at the discretion of the Mayor. The Mayor Pro Tem is traditionally seated immediately to the left.
City Council liaison assignments are typically made at the first meeting in January by the Mayor.
Liaison assignments include appointment of a Councilmember to each City Board, Commission, and Committee. Council liaisons shall conduct business in accordance with Resolution 2013-68 regarding Council and Staff Relations with City Commissions, Boards, Committees and Task Forces.
Agenda Packet Page 230 of 324
El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 8 of 27 The City Clerk will maintain and keep on file a list of Standing Committees, Ad Hoc Committees, regional agencies and organizations, and joint powers agencies to which Councilmembers are appointed.
2. Duties of Councilmembers
Promptly at the time established by ordinance on the date of each regular meeting, members of the City Council shall take their regular stations in the Council Chambers and the business of the City Council shall be taken up for consideration and disposition.
B. PROCEDURAL MATTERS
1. Bringing Matters Before City Council
Matters for the agenda may be requested and approved in the following ways:
• A request by an individual Councilmember approved by the Mayor. • A denied request may be subsequently requested at a City Council meeting (preferably during Council Communications), and must be approved by a majority vote of the City Council.
• A request by an external party approved by the Mayor or City Manager. • A request for a future agenda item as a result of direction or action by the City Council.
• A request by City staff approved by the City Manager.
All agenda reports shall be reviewed by the City Manager. The City Manager, in consultation with the Mayor and City Clerk, determines placement and timing of all items on the Agenda.
Boards, Commissions, and Committee Recommendations
Recommendations submitted by boards, commissions and committees are submitted through the staff liaison and must follow procedures and timelines for submittal of reports as established by resolution or administrative procedure. The City Manager may, at their discretion, prepare a companion report and analysis of a board or commission's recommendation.
Emergency and Non-Agendized Items
Emergency and non-agendized items may be added to an agenda only in accordance with state law.
Emergency items are rare and are only those matters affecting public health or safety such as work stoppages, disasters, and other severe emergencies that severely impair the public health and/or safety qualify for emergency meetings. Notice of the City Council’s proposed consideration of any such emergency matter shall be given in the manner required by law for such an emergency pursuant to Government Code Section54956.5.
Agenda Packet Page 231 of 324
El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 9 of 27 Non-agendized items may be added to the agenda only if the City Council makes findings that:
• The need to consider the item arose after the posting of the agenda; and • There is a need to take immediate action at this meeting of the City Council.
In both cases, a four-fifths vote is required to add the item to the agenda for consideration. If less than five members of City Council are present, the findings require a unanimous vote of those present.
Proclamations
Ceremonial proclamations are often requested of the City in recognition of an event or individual. Proclamations are not statements of policy but a manner in which the City can make special recognition of an event or individual.
The Mayor, without formal action of the City Council, may review such requests and make the determine as to whether any recognition will be given and what form that recognition will take (for example, Certificate of Appreciation, Certificate of Recognition, Certificate of Commendation, Proclamation, or Resolution). Individual Councilmembers do not have the authority to issue proclamations. Certificates and Proclamations may be sent directly to the requestor or presented at a City Council meeting as arranged with the requesting body and at the Mayor's discretion.
Formal City Council Positions
Formal support or opposition by the City Council for any form of a legislative platform, specific legislation, or other matters shall be approved by a majority of the City Council. If a position is adopted as part of a legislative platform, the Mayor is authorized to submit a formal letter of support or opposition on behalf of the City Council without separate approval. Any such letter sent shall “cc” the full City Council and be reported by the Mayor at the next regular City Council meeting.
The City Council shall not take action on any matter that has no direct effect on the local affairs of the City of El Cerrito and over which the City, as a California municipal corporation, has no jurisdiction. If a Councilmember requests consideration of a formal position, they shall furnish with the request, proposed language in the form of a letter, resolution, or other documentation that provides a direct connection or effect on the City El Cerrito.
Presentations
Any request for a presentation should include general information regarding the purpose and content of the presentation; information on the presenters; contact information; and the length of the presentation. The City Manager and the Mayor will review the request and, if approved, will recommend a presentation date and allotted time based on the Council's schedule.
Agenda Packet Page 232 of 324
El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 10 of 27
2. Meetings, Schedule, and Council Chamber Use
Regular Meetings
Regular meetings of the City Council, as established by ordinance, shall be held generally on the first and third Tuesday of each month taking into consideration holidays and election dates as specified in El Cerrito Municipal Code Section
2.04.010 and 2.04.040. Regular City Council meetings, in accordance with the time established by ordinance, shall commence at 6:00 p.m. City Council meetings may be scheduled and noticed concurrently with meetings of the El Cerrito Public Financing Authority.
Special Meetings
Special meetings may be called by the Mayor at any time or by a majority of members at a duly noticed meeting of the Council. Written notice must be given to the City Council and to the media 24 hours prior to a special meeting. Notice requirements of the Brown Act shall be complied with for allmeetings.
Closed Session
Closed sessions may be held at any time authorized by law, to consider or hear any matter which is authorized by law. The Mayor or any three Councilmembers may call a closed session.
City Council Recess Periods
A recess period is defined as a period of time longer than 21 days without a regular or special meeting of the City Council.
During any recess period, the City Manager is authorized to take such ministerial actions for matters of operational urgency as would normally be taken by the City Council during the period of recess except for those duties specifically reserved to the City Council by the Municipal Code, and including such emergency actions as are necessary for the immediate preservation of the public peace, health or safety; and the authority to extend throughout the period of time established by the City Council for the period of recess.
The City Manager shall make a full and complete report to the City Council at its first regularly scheduled meeting following the period of recess of actions taken by the City Manager pursuant to this section, at which time the City Council may make such findings as may be required and confirm said actions of the City Manager.
Use of City CouncilChambers
City staff is responsible for maintaining a calendar on the use of the City Council Chambers and all requests for reservations shall be cleared through the City Manager's Office. Use of the City Council Chambers by the City Council shall take precedence over any other use. Service of food or drink within the Council Chambers shall not be allowed.
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El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 11 of 27 City Council Chamber Capacity
City Council Chamber attendance shall be limited to the posted seating capacity thereof. Entrance to City Hall will be appropriately regulated by the City Manager on occasions when the City Council Chamber capacity is likely to be exceeded. While the City Council is in session, members of the public shall not remain standing in the City Council Chambers except to address the City Council and sitting on the floor shall not be permitted. The City Council proceedings may be conveyed by live television broadcast in the City Council Chamber Vestibule, City Hall Lobby, Hillside Conference Room or by loudspeaker to those who have been unable to enter the Council Chambers.
Alternate Facilities for Council Meetings
The City Council shall approve in advance a proposal that a City Council meeting be held at a facility other than the City Council Chambers. If the City Manager has reason to anticipate that the attendance for a meeting will be substantially greater than the capacity of the City Council Chambers and insufficient time exists to secure the approval of the City Council to hold the meeting at an alternate facility, the City Manager shall make arrangements for the use of a suitable alternate facility to which such meeting may be recessed and moved, if the Mayor authorizes the action. If a suitable alternate facility is not available, the City Council may reschedule the matter to a date when a suitable alternate facility will be available. Alternate facilities are to be selected from those facilities previously approved by the City Council as suitable for meetings away from the City Council Chambers.
3. General Meeting Protocol
Call to Order - Presiding Officer
The Mayor, or in the Mayor’s absence, the Mayor Pro Tem, shall take the chair precisely at the hour as stated on the agenda and shall immediately call the meeting to order, unless a preceding meeting runs past the stated start time of the meeting. Upon the arrival of the Mayor, the Mayor Pro Tem shall immediately relinquish the chair at the conclusion of the business presently before the Council. In the absence of the two officers specified in this section, the Councilmember present with the longest period of City Council service shall preside.
Roll Call
A majority of the members of the City Council in office shall constitute a quorum. Before the City Council shall proceed with the business of the Council, the City Clerk shall call the roll of the members and the names of those present shall be entered in the minutes. The later arrival of any absentee shall also be entered in the minutes.
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El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 12 of 27 Quorum Call
During the course of the meeting, should the Mayor note a City Council quorum is lacking, the Mayor shall call this fact to the attention of the City Clerk. The City Clerk shall issue a quorum call. If a quorum has not been restored within three minutes of a quorum call, the meeting shall be deemed automatically adjourned.
Adjournment
In order to allow for thoughtful, clear-headed consideration of City business by the public and the City Council, no City Council meeting shall continue past 11:00 p.m, unless a majority of the City Council votes to suspend this rule and extend the meeting to discuss specified items. If a City Council meeting is continued past 11:00 p.m., the Mayor should ensure that the meeting is adjourned no later than midnight.
Any items not completed at a regularly scheduled City Council meeting shall be continued to the next regular business meeting, or by a majority vote of the City Council to an adjourned regular meeting.
C. AGENDA/ORDER OF BUSINESS
1. Meeting Agenda and Materials
No action or item of business shall be introduced, discussed or acted upon by the City Council at its meeting without being published on the agenda of the meeting and posted in accordance with the requirements of the Ralph M. Brown Act. Exceptions to this rule are limited to emergency matters and matters that are allowed to be added to the agenda under the Brown Act as defined and discussed above.
Meeting agendas shall be posted online and at any other locations specified by ordinance or resolution by the City Clerk or designee not less than 72 hours prior to a regular meeting, and not less than 24 hours prior to a special meeting.
Whenever possible, all meeting materials shall be posted on the City'swebsite at the same time as the meeting agenda.
Any supplemental materials distributed to the City Council or provided at the meeting shall be made available to the public.
2. Agenda Sequence and Order of Business
The Mayor or City Manager may re-order the agenda in the interests of accommodating public comment or public hearing testimony, the appearance of elected officials, or the conservation of resources. Any items not considered or withdrawn from the agenda will be carried over to the next available regular meeting unless a specific date is set by the City Council.
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El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 13 of 27 The City Council agenda for a regular business meeting shall generally be arranged in the following order:
1) Roll Call
2) Pledge ofAllegiance/moment of silence
3) City Council and City Staff Communications
i. Reports of Closed Session, advisory body appointments, and information reports on matters of general interest
4) Oral Communications from the Public
i. Non-agenda items, Consent Calendar and Presentation items ii. Public Hearings and Policy Items will be heard at the time theCity Council discusses the item
5) Presentations
i. May include Proclamations, Awards, and external presentations of information
6) Consent Calendar
7) Public Hearings
8) Policy Matters
i. May include workshops or study sessions
9) City Council Assignments I LiaisonReports
i. Local and Regional Liaison Assignment Reports
ii. Required reporting under AB1234 for meetings attended at the public’s expense
10) Adjournment
A duly noticed closed session may be held at any time during a meeting consistent with applicable law.
3. Description of Items of Business
Consent Calendar
There shall be a Consent Calendar on all regular meeting agendas on which shall be included those matters which the Mayor, Councilmembers, and the City Manager deem to be routine and of such nature that no debate or inquiry will be necessary at the City Council meetings. Typical consent calendar items include the final adoption of ordinances, non-policy items, resolutions approving agreements, awards of contracts, minor budgetary adjustments, meeting minutes, status reports, confirmation of committee appointments, proclamations and reports of routine Cityoperations.
City Council Minutes shall be submitted for approval on the Consent Calendar.
The primary purpose of the City Council Meeting Minutes shall be to record start and end time, City Council attendance, and the actions taken by the City Council.
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El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 14 of 27 It is the policy of the City Council that Councilmembers wishing to ask questions concerning Consent Calendar items should ask questions of the City Manager prior to the City Council meeting so that the need for discussion of consent calendar items can be minimized. This practice allows the City Manager time to notify staff that a presentation of the item may be required.
Upon motion of any member of the Council, all items on the Consent Calendar shall be acted upon together and, if the motion is approved, each item shall be deemed to have received the action recommended.
There will be no separate discussion of matters on the Consent Calendar. A Councilmember may vote "no" or may abstain on any consent calendar item without comment or discussion. Upon request by any Councilmember or the City Manager, any item may be removed from the Consent Calendar. At the discretion of the Mayor, any item removed from the Consent Calendar may be discussed and voted on prior to or immediately after voting on the Consent Calendar.
Public Hearings
The City Council, in setting the time and place for a public hearing, may limit the amount of time to be devoted to presentations by the public. Notices of Public Hearings will be posted, published and mailed as required by law.
When the Public Hearing is called, staff will summarize the application/project/appeal/matter as contained in the staff report. The City Council may ask questions for clarification. Public Hearings relating to land use and zoning matters or appeals include formal presentations by applicants and appellants.
When a public hearing is expected to be contentious and lengthy and/or the City Council's regular meeting schedule is heavily booked, the City Council, in conjunction with the City Manager and their staff, may schedule a special meeting exclusively for the public hearing. No other matters shall be placed on the agenda for the special meeting. All public comment will be considered as part of the public hearing and no separate time will be set aside for public comment not related to the public hearing at this meeting.
One representative for an appellant or applicant of an appeal shall be allowed fifteen minutes each for an initial presentation during the public hearing and ten minutes each for rebuttal following the other comments on the matter.
The Mayor, subject to alteration by the City Council, may establish overall time limits for applicants, appellants and other speakers at public hearings and set upsuch other procedures that may facilitate the orderly and efficient conduct of such hearings.
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El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 15 of 27 When all parties have been heard and there are no additional requests to speak, the Mayor shall ask for a motion to close the Public Hearing. After a motion and second, a majority vote of the quorum shall be sufficient to close the public hearing.
Once the public hearing has been closed, no member of the public shall be permitted to address the City Council or the staff from the audience, except at the discretion of the Mayor.
After the public hearing is closed, any member of the City Council may make a motion to:
• Continue the matter to a date certain or uncertain to allow for further deliberation; or
• Do one of the following:
Approve the application/project/matter as submitted;
Conditionally approve the application/project/ matter with certain revisions or added conditions;
Remand a land use matter back to the Planning Commission; Remand a design matter back to the Design Review Board; or Deny the application/project/matter.
If the public hearing is an appeal to the City Council, the motion shall also indicate that the appeal is granted or denied.
Study Sessions and Public Discussions
The City Council or City Manager may from time to time, schedule a matter for general City Council discussion and direction to staff. Formal action would be scheduled on a subsequent City Council agenda. In general, public comment at City Council study sessions will be heard after the staff presentation and Council questions.
Requests for Technical Assistance and/orReports
A majority vote of the City Council shall be required to direct the City Manager to provide technical assistance, develop a report, initiate staff research, or respond to requests for information or service generated by an individual Councilmember.
D. CONDUCT OF MEETINGS
1. Public Participation
Members of the public or other interested parties have multiple avenues to participate in City Council meetings by providing public comments on both matters listed on the agenda, or on matters not on the agenda but within the subject matter jurisdiction of the City Council.
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El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 16 of 27 Written Communications
Interested parties or their authorized representatives may address the City Council by written communications in regard to matters of concern to them.
Communications received by the City Clerk by the deadline listed on the agenda will be provided to the City Council in advance of the meeting. Those received after the deadline will be posted with meeting materials on the City’s website after the meeting.
If a member of the public desires to present written communications to the City Council at the meeting, the communication shall be submitted to the City Clerk.
Members of the public are requested to provide 7 copies of each written communication so that sufficient copies are available for review during the meeting by the City Council and staff, and to provide a copy for the official record.
All communications shall be simply deemed received without any formal action by the Council. A Councilmember may refer a communication to the City Manager for action, if appropriate, or request that a consent or action item be prepared for placement on a future agenda.
Oral Communications
Any person wishing to address the City Council may do so both in person, or using the teleconferencing platform provided by the City. The city shall provide a voluntary method to submit a request to speak that will include a name for speaker identification, the topic of comments when not on the agenda, or the agenda item they wish to speak on. The same method will be used for both in person and remote speakers.
Videos, PowerPoint or similar presentations may accompany in-person testimony but are subject to the discretion of the Mayor and the same speaking time limits. Prior notice of at least 72 hours and coordination with the City Clerk is required and the Mayor reserves the privilege to limit such requests as necessary for the effective conduct of the meeting. They are not allowed by members of the public participating via a teleconferencing platform provided by the City.
Addressing the City Council
The purpose of addressing the City Council is to communicate formally regarding matters that relate to agendized City Council business or resident concerns within the subject matter jurisdiction of the City Council. Any person desiring to address the City Council shall first secure the permission of the Mayor to do so. Comment and testimony are to be directed to the Mayor and Council.
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El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 17 of 27 Responses to Public Comment
The Brown Act restricts discussion of items that are not listed on the agenda.
During any period of public comment, Councilmembers shall not respond to comments by members of the public in order to ensure that a Brown Act is not violated.
At any time while Council is in session, dialogue between and inquiries from residents at the lectern and individual Councilmembers, members of staff, or the seated audience is not permitted.
Addressing the City Council after MotionMade
When a motion is pending before the Council, no person other than a Councilmember shall address the City Council without first securing the permission of the Mayor or City Council to do so.
Speaker Protocol
Each person addressing the City Council shall first give their name and city of residence in an audible tone of voice, or through other means as a reasonable accommodation, for the record. All remarks shall be addressed to the City Council as a whole and not to any member thereof. No one other than the City Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Mayor. No question shall be asked of a Councilmember except through the Mayor. Groups and organizations are encouraged to designate a spokesperson whenever possible.
Time Limitations
While the City Council encourages and embraces the need for and right of public participation, it acknowledges that public comments may need to be limited in the interest of fairness to other persons wishing to speak and to other individuals or groups having business before the City Council. Each speaker shall limit comments to three minutes.
If a large number of people wish to speak, the time per speaker or the total amount of time allowed for public comments may be shortened by the Mayor so that the number of persons wishing to speak may be accommodated within the time available. Two opportunities for the public to speak on the same issue will not be permitted unless mandated by state or local law.
While the Mayor retains the discretion to determine any reductions in speaker time, they may also choose to adhere to the following process:
• 1-10 speakers, 3 minutes
• 11-20 speakers, 2 minutes
• 21-30 speakers, 1 minute
• 31+ speakers, 1 minute and the total time for public comments may be reduced
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El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 18 of 27 Yielding of Time
It is understood that a person making a request to speak does so on their own behalf. For this reason and to guarantee all persons an ample opportunity to be heard, all speakers will be recognized for the same amount of time. No speaker will be allowed to yield all or part of their time to another, and no speaker will be credited with time requested but not used by another.
2. Teleconferencing Technology
Unless an exception applies, members of the public must be allowed to participate in City Council meetings either in person or through a two-way audiovisual platform or two-way telephonic system. The audiovisual platform or telephonic system shall be approved by the City Manager.
One of the exceptions to the availability of a two-way audiovisual platform or twoway telephonic service for the public to participate in City Council meetings is that adequate telephonic or internet service is operational at the meeting location If a two-way audiovisual platform is used, a call-in option must be publicly posted and provided. If the audiovisual platform selected by the City manager includes any automatic captioning function, it must be activated during a meeting. If a twoway audiovisual platform is used for a meeting, members of the public will be restricted to the use of audio only when allowed to participate in the meeting. If a two-way audiovisual platform is not used, a two-way telephonic service for the public to participate in a meeting must be provided.
The teleconferencing platform used shall provide the following safeguards for minimizing meeting disruptions:
• Ability to restrict the use of any chat features to ensure no violations of the Brown Act occur.
• Webinar format to allow City Staff to prevent use of video and audio functions by members of the public.
Should improved technology become available or legislation approved that allows for increased protection against meeting disruptions, the City Manager is authorized to make such changes.
If at any time during the meeting the teleconference technology fails, pursuant to Government Code § 54953.4 et seq, the following procedure shall be completed in order to attempt to restore the service:
• The City Council shall immediately recess the open meeting o During the recess, good faith attempts to restore services must occur o During the recess the City Council may meet in closed session Agenda Packet Page 241 of 324
El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 19 of 27 • The City Council shall not reconvene the meeting until at least one hour has passed following the disruption, or services are restored, whichever occurs earliest.
• Upon reconvening, if services have not been restored, the City Council shall adopt, by rollcall vote, the following findings:
o That a good faith effort to restore services has been made in accordance with the adopted City Council Rules of Order and Procedures, section D.2; and
o The public interest in continuing the meeting outweighs the public interest in remote public access.
Suspending Remote Participation
If conditions exist that impact the ability of the City Manager to provide a harassment free work environment for staff, or remote public comments are creating a significant or ongoing disruption to the City Council meeting, the City Manager in conjunction with the Mayor, City Attorney, and Police Chief, are authorized to prevent disruptive speakers from continuing with public comments following the decorum protocols below.
3. Decorum
Councilmembers and staff shall conduct the business of the City recognizing that stewardship of the public interest must be of primary concern. Working for the common good of the people of the City assuring fair and equal treatment of all persons and issues which come before the City Council and work earnestly to preserve appropriate order and decorum during all meetings. No person shall disrupt the orderly conduct of the City Council meeting.
As defined in Government Code section 54957.95(b), “disruption” means engaging in behavior during a meeting of the City Council that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following:
• A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Section 54954.3 or any other law. • Engaging in behavior that constitutes use of force or a true threat of force. “True threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.
By way of example only, the City Council finds that the following are examples of prohibited disruptive behavior within the meaning of section 54957.95(b):
• shouting, making disruptive noises, such as boos or hisses • creating or participating in a physical disturbance
• speaking out of turn or in violation of applicable rules Agenda Packet Page 242 of 324
El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 20 of 27 • preventing or attempting to prevent others who have the floor from speaking
• preventing others from observing the meeting
• approaching the City Council dais or speaker podium without consent • refusing to obey the lawful and reason orders of the Mayor or Council.
Neither Councilmembers nor any persons addressing the City Council shall make personal, slanderous, or profane remarks to any member of the Council, staff or the general public.
Noise emanating from the audience within the City Council Chamber or lobby area which disrupts meetings shall not be permitted. All cellular phones and other consumer devices shall be muted while in the Chamber. Refusal shall be grounds for removal.
Decorum by Councilmembers
While the City Council is in session, Councilmembers must respect the Mayor's authority to conduct each meeting and preserve order and decorum. A member shall not delay or interrupt the proceedings or the peace of the City Council.
This includes disruption by conversation, leaving the dais during city proceedings to interact with members of the audience, or otherwise.
Members shall not disrupt any member while speaking, nor refuse to obey the orders of the Council, or the Mayor, except as otherwise herein provided.
Members shall make the public feel welcome, value each other's time and respect each other's opportunity to speak including limiting negative nonverbal reactions when opinions differ.
Members shall continually attempt to build consensus on an item through an opportunity for dialogue; but when this is not possible, the majority vote shall prevail and the majority shall show respect for the opinion of the minority.
While seated at the Council dais, Councilmembers will strive to minimize the use of electronic devices for any other purpose than conducting the meeting.
Speaker Decorum
Speakers are to address their comments to the City Council from the lectern.
Each person addressing the City Council shall do so in an orderly manner and shall not engage in conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of the City Council meeting. Staff shall only respond to public comment or inquiry if requested to do so by the Mayor. Any person, who so disrupts the meeting shall, at the discretion of the Mayor or a majority of the City Council, be subject to removal from that meeting. Any speaker who violates the rules of order and decorum and who fails to heed a warning from the Mayor or law enforcement official will be escorted out of the City Council Chamber and may be placed under arrest.
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El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 21 of 27 The City Council finds that continued use of loud, threatening, profane, or abusive language or verbal conduct that denigrates an individual because of their race, color, gender, religion, sexual orientation, age, national origin, disability, or other protected category after a verbal warning from the presiding officer impedes the orderly conduct of the meeting and constitutes a disruption within the meaning of Government Code section 54957.95(b). It interferes with the Council’s ability to accomplish its functions in a reasonably efficient matter by causing a distraction from Council business, chilling other members of the public’s participation, interfering with the ability of those present to listen and understand the business and proceedings of the Council, and may constitute or contribute to employment or other types of discrimination.
Prior to ordering the removal of the individual for disruptive conduct, the presiding officer shall issue a warning the individual that their behavior is disrupting the meeting and shall follow the procedures below if applicable.
Enforcement of Decorum
The Mayor may call a recess if a speaker or group of speakers become unruly and/or interferes with the orderly conduct of the meeting. Any law enforcement officers on duty or whose services are commanded by the Mayor shall be Sergeant-at-Arms of the City Council meetings. They shall carry out all orders and instructions given by the Mayor for the purpose of maintaining order and decorum at the City Council meetings. Any recess called to enforce decorum shall include the suspension of any audio/video feeds.
Upon instructions of the Mayor or a majority of the City Council, it shall be the duty of the Sergeant-of-Arms, or any officer present, to escort outside or place under arrest any person who violates the order and decorum of the meeting, and cause them as necessary, to be prosecuted under the provisions of applicable law.
At any time the Mayor may delegate the City Attorney to act as parliamentarian regarding enforcement of decorum. If the disruption is significant and is preventing the business of the meeting to be conducted, the Mayor may clear the room in order to continue the business of the meeting. Representatives of the media, except those participating in the disturbance, shall be allowed to continue attending the meeting. (Gov. Code § 54957.9.)
Verbal Conduct Denigrating Individuals Based on a Protected Category When a person disrupts a meeting (within the meaning of Government Code section 54957.95(b)) by engaging in verbal conduct that denigrates an individual because of their race, color, gender, religion, sexual orientation, age, national origin, disability, or other protected category, the presiding officer shall take the following actions:
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El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 22 of 27 1) The Mayor or designee shall stop the speaker to issue a warning by reading the relevant portions of the City’s Respect in the Workplace Policy. The Mayor or designee may ask the City Clerk to mute the speaker on the teleconferencing platform provided by the City. The Mayor or designee shall state that the City does not condone comments in violation of the City’s Policy and that the speaker’s harassment is unwanted and unwelcome and disrupts the meeting by interfering with the Council’s ability to accomplish its functions in a reasonably efficient matter by causing a distraction from City business, chilling participation from other members of the public, interfering with the ability of those present to listen and understand the business and proceedings of the City, and may constitute or contribute to other forms of discrimination. 2) The Mayor or designee shall state that any City employee present may be excused from attendance at the meeting during the speaker’s remarks. 3) The Mayor or designee shall hold the speaker’s time and the speaker may resume speaking after the presiding officer’s warning statement, unless the speaker’s comments continue to disrupt, disturb, or impede the orderly conduct of the meeting. If the speaker continues to disrupt, disturb, or impede the orderly conduct of the meeting, the Mayor or designee may prohibit the speaker from further commenting or may order the speaker to be removed from the meeting.
4) After the end of the speaker’s comments, any Councilmember may make a brief response to such comments, if desired.
4. Parliamentary Procedure
Rosenburg’s Rules of Order shall apply in all cases with the following exceptions:
• The City Council shall normally attempt to arrive at consensus through discussion before a motion is made.
• The Mayor may consider requests for, or call a recess at any time during a Council meeting without a motion.
The following outlines relevant components of Roseburg’s Rules of Order which City Council meetings shall operate under:
Motions
When a motion is made, the Mayor should determine if any member of the body wishes to second the motion. In general, the Mayor should not make or second a motion unless they are convinced that no other member of the body will do so.
No more than three motions shall be on the floor at any given time. When there are two or three motions to consider at the same time, the vote shall first be on the most recent motion made. The three basic motions are as follows:
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El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 23 of 27 • A Basic Motion puts forward a proposed decision for the body’s consideration.
• A Motion to Amend takes the basic motion that is before the body and seeks to change it in some way.
• A Substitute Motion completely changes the basic motion that is before the body.
Rules of Debate
The basic rule of motions is that they are subject to discussion and debate. The Mayor is free to participate in the debate, however should strive to be the last to speak. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the Mayor that it is time to move on and take action.
Motions Not Subject to Debate
There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable, and the Mayor must immediately call for a vote of the body without debate on the motion:
• Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote. If all items of business have concluded, the Mayor may adjourn the meeting without a motion.
• Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold.” The motion can contain a specific date/time in which the item can come back to the body or no specific time, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting.
• Motion to limit debate. As a practical matter, when a member calls out “I move the previous question” or “I move the question” or “I call the question”, the Mayor can treat it as a “request” rather than as a formal motion. The Mayor can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the Mayor can go right to the pending motion that is on the floor.
However, if even one person wishes to discuss the pending motion further, then the Mayor should treat the call for the “question” as a formal motion and should ask for a second, stop debate, and vote on the motion to limit debate.
The motion to limit debate requires a two-thirds vote of the body.
Voting
It is the policy of the City Council that all members present at a meeting fully participate in the discussion of a matter and shall vote for or against a motion, unless disqualified by conflict of interest or other legal reason. Votes are counted for “those present”, therefore if a Councilmember abstains from voting, their vote shall be counted as a “No” vote for the purpose of determining if the motion passes.
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El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 24 of 27 Failure of a seated member to orally express a vote constitutes an affirmative vote. No ordinance, resolution, recommendation or motion shall be passed or become effective without an affirmative vote by the majority with a quorum present.
If the vote is a voice vote, the Mayor or City Clerk shall declare the result for the record. The Mayor may also request a vote by roll call. Vote by roll call is required for any meeting in which any member is participating via teleconference. Regardless of the manner of voting, the results reflecting all yes and no votes and the Councilmembers who cast them must be clearly set forth for the record. To be adopted, a motion requires the yes vote of a majority of the quorum present, unless the vote of four or five Councilmembers is required by statute, ordinance, orresolution.
If a member is disqualified, the member shall not participate in the consideration of the matter, shall not be counted for the purpose of the quorum, and shall leave the dais during the consideration of the matter; provided, however that if the matter is being considered on the Consent Calendar and has not been removed, from the Consent Calendar, the Councilmember may remain on the dais and disclose the reason for disqualification.
A tie vote is equivalent to a motion that has failed and means no action has been taken. Should a tie vote occur, the City Council may make additional motions until an action receives three affirmative votes. If no motions are made, then the tie vote shall be treated as no action and the Mayor may treat the matter as concluded and move on to the next item on the agenda. If the matter involves an appeal, and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision-making person or body from which the appeal was taken.
Voting Disqualification
Any Councilmember shall not vote upon any matter on which the member is disqualified due to a conflict of interest, or any quasi-judicial action regarding that in which the Councilmember is biased. No member of the City Council who is disqualified shall vote upon the matter on which he or she is disqualified.
Any member shall openly state or have the Mayor announce the fact and nature of such disqualification in the open meeting and shall not be subject to further inquiry. A member who is disqualified by conflict of interest shall leave the dais during the debate and must not vote on such matter. This shall not prohibit the member from remaining in the Chamber as a member of the public to hear other testimony and to provide their own testimony to the City Council as a member of the public. The member may remain on the dais for Consent Calendar items if the member states that they are abstaining from the vote due to the described conflict of interest before the Consent Calendar is voted on in one motion.
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El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 25 of 27 SECTION FOUR: ENFORCEMENT OF POLICIES AND PENALTIES FOR OTHER
MISCONDUCT BY MEMBERS
The City Council acknowledges that members will not always agree on matters of public policy and that they will have different styles of communicating with each other and the public. Those kinds of differences can result in tensions between members. The City Council values a respectful working relationship among the members. When tensions between members occur, the City Council strongly encourages members to speak directly to each other in an effort to resolve the matter to maintain the ability of the City Council to work collectively for the public benefit. The process described below is intended to address violations of the City Council policies and other forms of misconduct, and not to be a method of resolving disagreements between members of the City Council.
The City Council also acknowledges that members retain the constitutional rights to free speech, and that as elected officials, they have an obligation to speak publicly about matters of concern to constituents. The procedures are not intended to limit the rights and obligations of Councilmembers. They are not intended to penalize legitimate disagreements about matters of public policy. They are intended to apply to the speech and actions of Councilmembers only to the extent that a Councilmember’s speech or actions violate these policies or constitute misconduct.
The procedures in this section shall apply in the following three situations: (1) When any member of the City Council reasonably believes that another member of the City Council has acted in violation of this policy. (2) When a member of the City Council has been convicted of a crime. (3) When a decision maker with competent jurisdiction has issued a final determination that a member of the City Council has violated a law related to the conduct of public business.
Examples of laws related to the conduct of public business include, without limitation, the Brown Act; the Political Reform Act and related Fair Political Practices Commission regulations; Government Code § 1090 and related provisions of the Government Code; and other California laws establishing requirements for or limitations on the activities of local government elected officials. The procedures in this section shall apply to (2) and (3) only after the exhaustion or expiration of all available appeals. For the purposes of this section, “misconduct” refers to either (2) or (3), or both.
The process described in this section is applicable only to assertions made by one member of the City Council against another. It does not apply to a complaint against a member of the City Council by a member of the public or by an employee or official of the City. Complaints against a member of the City Council by a member of the public or an employee or official of the City will be handled through other processes, as required by law or other City policy.
Any Councilmember may request the City Attorney to deliver a general reminder to the entire City Council that a particular type of behavior is a violation of this policy, and that violations, could cause a member to be subject to the penalties described in this section.
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El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 26 of 27 Any Councilmember may privately admonish another Councilmember if they believe a violation has occurred.
Any Councilmember who believes that another Councilmember has violated these policies or committed misconduct may file a written complaint with the City Manager and/or the City Attorney. For the purposes of this section, any complaint which names more than one Councilmember shall be considered a separate complaint for each named Councilmember. Once a formal complaint has been filed, the following process shall be followed:
1. Within 10 days of receipt, the City Attorney shall provide written notice to the accused Councilmember, providing the opportunity to respond to the complaint in writing.
2. The accused Councilmember shall have 10 days from receipt of written notice to respond to the complaint in writing.
3. The written complaint and response shall be presented to the full City Council at the next available meeting under Policy Items.
4. The City Council shall review each complaint, the response, and any information provided in support of each Councilmember’s position. If the subject of the complaint is the Mayor, the Mayor Pro Tempore shall preside over the matter. The Councilmember who filed the complaint shall not preside over the matter. All members of the City Council may participate in consideration of and vote upon a complaint. The interest of the Councilmember who filed the complaint and the Councilmember who is the subject of the complaint shall not be treated as disqualifying Any action on a complaint shall require a majority vote of those participating. The City Council may take the following actions on a complaint:
a. No action.
b. Public admonishment orally or in writing.
c. Determine that additional information is necessary to make a decision. i. In this case, the City Council may direct the City Manager and City Attorney to assist them in retaining an appropriate investigator to gather more information and evaluate the information obtained. ii. Prior to a final investigation report being presented to the City Council the accused Councilmember and the Councilmember who filed the complaint shall have 10 days from receipt of a draft report to respond in writing.
iii. The City Council shall resume its deliberations on a complaint at a meeting scheduled after a final investigation report is submitted. d. Censure:
i. Censure is the most severe form of action. Censure is a formal statement of the City Council officially reprimanding one of its members. It is a punitive action, which serves as a penalty, but it carries no fine or suspension of the rights provided by California and Federal law to the member as an elected official. Censure cannot be used to remove a member of the City Council from elected office.
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El Cerrito City Council Policies and Rules of Order & Procedure Resolution No. 2026-XX Adopted February 3, 2026 Page 27 of 27 ii. In addition to a public reprimand, censure can also include such actions as the disapproval of expense reimbursement requests; de-authorization of attendance at conferences, seminars and other activities at the City’s expense; removal of the member from local liaison or other intergovernmental meeting assignments; removal of a member from the role of Mayor or Mayor Pro Tempore; and other such remedies as may be deemed appropriate by the City Council and are allowed by California law.
iii. Censure may be imposed without an investigation; however, any action taken by the City Council to impose censure shall be taken by written resolution.
SECTION FIVE: HISTORY
November 03, 1997 Adopted, Resolution No. 1997-99
December 01, 2020 Revised, Resolution No. 2020-59
February 3, 2026 Revised, Resolution No. 2026-XX
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El Cerrito City Council
Administrative Policies and
Rules of Order and Procedure
Last Adopted:
December 1, 2020 February 3, 2026
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El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 2 of 37 Table of Contents
SECTION ONE: PREAMBLE ..................................................................................... 4 A. CITY COUNCIL AUTHORITY ....................................................................... 4 SECTION TWO: CITY COUNCIL POLICIES ............................................................. 4 A. CITY COUNCIL CODE OF CONDUCT ......................................................... 4 B. SELECTION OF CITY COUNCIL OFFICERS ............................................... 5 C. COMMUNICATION WITH CITY ADMINISTRATION .................................... 6 D. COMMUNICATION WITH THE PUBLIC ....................................................... 7 E. CITY COUNCIL EXPENDITURES ................................................................ 7 SECTION THREE: RULES OF ORDER AND PROCEDURE ................................... 8 A. DUTIES .......................................................................................................... 8
1. Duties of Mayor and Mayor Pro Tempore ............................................... 8
2. Duties of Councilmembers ....................................................................... 9 B. PROCEDURAL MATTERS ........................................................................... 9
1. Bringing Matters Before City Council ...................................................... 9 Boards, Commissions, and Committee Recommendations .............. 9 Emergency and Non-Agendized Items ............................................ 10 Proclamations .................................................................................. 10 Formal City Council Positions .......................................................... 10 Presentations ................................................................................... 11
2. Meetings, Schedule, and Council Chamber Use ..................................... 11 Regular Meetings ............................................................................. 11 Special Meetings ............................................................................ 12 Closed Session ............................................................................... 12 City Council Recess Periods .......................................................... 12 Use of City Council Chambers ....................................................... 12 City Council Chamber Capacity ..................................................... 13 Alternate Facilities for Council Meetings ........................................ 13
3. General Meeting Protocol ........................................................................ 13 Call to Order - Presiding Officer .................................................... 13 Roll Call ........................................................................................... 13 Quorum Call .................................................................................... 14 Adjournment ................................................................................... 14 C. AGENDA/ORDER OF BUSINESS ..............................................................14
1. Meeting Agenda and Materials ................................................................ 14
2. Agenda Sequence and Order of Business ............................................ 15
3. Description of Items of Business .............................................................. 16 Consent Calendar ........................................................................... 16 Public Hearings ............................................................................... 17 Study Sessions and Public Discussions ........................................ 19 Requests for Technical Assistance and/or Reports ...................... 19 D. CONDUCT OF MEETINGS .........................................................................19
1. Public Participation .................................................................................. 19 Written Communications ................................................................ 20 Oral Communications ..................................................................... 21 Addressing the City Council ............................................................ 22 Responses to Public Comment ..................................................... 22 Agenda Packet Page 252 of 324
El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 3 of 37 Addressing the City Council after Motion Made ............................ 22 Speaker Protocol ............................................................................. 22 Time Limitations ............................................................................. 23 Yielding of Time .............................................................................. 23
2. Teleconferencing Technology ............................................................... 23 Suspending Remote Participation .................................................... 24
3. Decorum ................................................................................................. 25 Decorum by Councilmembers ....................................................... 26 Speaker Decorum .......................................................................... 26 Enforcement of Decorum ............................................................... 27 Verbal Conduct Denigrating Individuals Based on a Protected Category .......................................................................................... 27
4. Parliamentary Procedure ......................................................................... 29 Motions .......................................................................................... 29 Rules of Debate .............................................................................. 29 Motions Not Subject to Debate ........................................................ 29 Voting .............................................................................................. 30 Voting Disqualification .................................................................... 31 SECTION FOUR: ENFORCEMENT OF POLICIES AND PENALTIES FOR OTHER MISCONDUCT BY MEMBERS ................................................................................34 SECTION FIVE: HISTORY .......................................................................................36 Agenda Packet Page 253 of 324
El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 4 of 37 SECTION ONE: PREAMBLE
A. CITY COUNCIL AUTHORITY
The purpose for establishing City Council Administrative Policies and Protocols Rules of Order is to provide an effective environment for the City Council to provide exercise leadership. This document may be amended by a majority vote of the City Council and should be reviewed on a regular basis to ensure that the document remains helpful to the Council in providing a framework for effective leadership. For the purpose of this document, a “Policy” is the protocol, principle, or rule that guides City business and serves as a framework for the City Council to use. Until such time as they are amended or new rules areand adopted by resolution, these Policies and Rrules of Order and Procedure shall prevail to govern the order and conduct of business of the City Council and other legislative bodies that meet concurrently with the City Council. The rules and procedures set forth herein are not exclusive and do not limit the inherent power and general legal authority of the City Council, or of its Mayor, to govern the conduct of City Council meetings as may be considered appropriate from time to time or in particular circumstances for purposes of orderly and effective conduct of the affairs of the City. A majority of the City Council present at a City Council meeting shall have the authority to waive provisions of the policy and procedures unless otherwise required by law.
SECTION TWO: ADMINISTRATIVE CITY COUNCIL POLICIES
A. CITY COUNCIL CODE OF CONDUCT
Members of City Council shall abide by the following code of conduct. Members shall:
1) Work for the common good of the people of El Cerrito and not for any private or personal interest.
2) Endeavor to treat all members of the public and issues before them in a fair and equitable manner.
3) Make impartial decisions, free of bribes, unlawful gifts, narrow political interests and financial or other personal interests that impair independence of judgment or action. 4) Decisions will be fair, objective, made in public (unless allowed or required to be made in closed session), and understandable.
5) Fully participate in their meetings and other public forums while demonstrating respect and courtesy to others, practicing civility and decorum in discussions and debate, listening courteously and attentively, and engaging in effective communication.
Members of City Council are expected to contact the City Manager or the City Clerk if they cannot attend a scheduled meeting.
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El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 5 of 37 6) Act in an efficient manner, making decisions based upon research and facts in accordance with the Brown Act to allow full and equal participation in the public process.
7) Refrain from abusive conduct, personal charges or verbal attacks upon the character, motives, ethics or morals of other members, staff or members of the public. Refrain from negative comments regarding any person or group based on their race, ethnicity, sex, gender, sexual orientation, national origin, immigration status, religion, disability, age, marital status, or membership in any other protected category. 8) Respect and preserve the confidentiality of information provided to them concerning confidential matters of the City, and refrain from disclosing any information received confidentially without proper legal authorization nor use such information to advance the personal, financial, or private interests of themselves or others. 9) Use their title only when conducting official City business, for informational purposes, or as an indication of background and expertise, carefully considering whether they are exceeding or appearing to exceed their authority.
10) Respect established channels of communication with City staff, treat staff members professionally, and not attempt to pressure or influence discussions, recommendations, workloads, schedules or department priorities without the approval of a majority of the City Council providing direction directly to the City Manager. 11) In unofficial settings, members of City Council shall be clear in representing to the public, other agencies, and the media whether their comments or statements represent the official position of the City or a personal viewpoint.
In addition, the Councilmember appointed to the role of Mayor shall be clear in making oral or written public statements that they represent their personal viewpoint as the Mayor, or upon approval of a majority of the City Council, represent the viewpoint of the full City Council. The Mayor shall report out at a City Council Meeting, any statements made representing the viewpoint of the full City Council. 12) Complete 2 hours of Ethics Training in compliance with AB1234 every two years for the duration of their term.
13) Complete 2 hours of Sexual Harassment Prevention Training in compliance with AB1661 every two years for the duration of their term.
B. SELECTION OF CITY COUNCIL OFFICERS
At the first second regular City Council Meeting in December of each year or when appropriate, the City Council shall select from among its members a Mayor and a Mayor Pro Tempore (Mayor Pro Tem) to serve for the following year in accordance with the following process:
o A newly elected Councilmember, who is not an incumbent, will serve a Agenda Packet Page 255 of 324
El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 6 of 37 minimum of one year on the City Council before qualifying to serve as Mayor.
o The current Mayor Pro Tem will replace succeed the outgoing Mayor and become the new Mayor.
The new
o Mayor Pro Tem will be the Councilmember who has received the highest number of votes, compared to the other Councilmembers elected at the same time. PHowever, if the highest vote-getter in the applicable election cycle has already served as Mayor, and another Councilmember elected in the same cycle has not, preference will should be given to those the Councilmember who have has not yet served as Mayor. This process continues until all Councilmembers elected in the same year have served as Mmayor.
o An appointed Councilmember shall join the rotation only after first being elected.
o Newly elected and re-elected Councilmembers are added onto the existing order of rotation in the order of the number of votes received, from the highest number of votes to the lowest.
o A Councilmember may decline to serve as Mayor or Mayor Pro Tem. This will drop the Councilmember back one position in the rotation.
This format will be followed unless altered by a majority vote of the City Council. The City Council has the ultimate discretion to elect or not elect any Councilmember for any office. The new Mayor and Mayor Pro Tem shall take office upon a majority vote of the Council. The term of office for the Mayor and Mayor Pro Tem shall be for one calendar year or until the next rotation occurs.
At any time during the term of office for a Mayor or Mayor Pro Tem, an agenda item may be requested by vote of a majority of the City Council to consider removal of a Mayor or Mayor Pro Tem from their appointed role. Subsequently, the formal action of removing a member from their appointed role shall require the vote of a super majority. In the case of removal, the City Council shall select a new member to complete the remaining term of office in place of the removed member.
C. COMMUNICATION WITH CITY ADMINISTRATION
Except for the purpose of inquiry, the City Council shall deal with City employees, solely through the City Manager. When a Councilmember requires information involving more than a simple answer to a question, the request shall be referred to the City Manager. No individual City Councilmember shall give orders to any subordinates of the City Manager either publicly or privately or discuss the performance of any City employee with any person other than the City Manager.
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El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 7 of 37 D. COMMUNICATION WITH THE PUBLIC
Public service is the first duty of all City Officials, and the public is best served when it is treated well. Councilmembers should always clearly demonstrate their respect for members of the public, both in word and in action. This means keeping communication flowing smoothly and efficiently, giving members of the public feedback on their ideas, treating all sides fairly, understanding there may be something to learn from the public, and always being as encouraging and constructive as possible.
When using social media, Councilmembers must clearly disclose that they are expressing their own personal opinion, and not an official position of the City. When appropriate, posting a disclaimer to this effect is advised.
Councilmembers must also use caution when communicating on social media in that it does not become a conduit to communicate with fellow Councilmembers regarding City business.
No member of the City Council shall issue any press release or formal statement on behalf of the City without the express approval of the City Manager. The Councilmember appointed to the role of Mayor shall be clear in making oral or written public statements that they represent their personal viewpoint as the Mayor, or upon approval of a majority of the City Council, represent the viewpoint of the full City Council. The Mayor shall report out at a City Council Meeting, any statements made representing the viewpoint of the full City Council.
E. CITY COUNCIL EXPENDITURES
The City Council recognizes the value and benefits to the City when Councilmembers attend meetings and functions for the purpose of advancing knowledge and information relating to municipal government. The City Council also recognizes the obligation to be accountable to the public when attending functions at City expense as set forth by the Policy Regarding Reimbursement and Use of Public Resources (Reimbursement Policy).
Expenses related to local liaison appointments are typically covered in the City Council budget. However, iIf a Councilmember makes the decision to represent the City Council in other capacities other than Local Liaison assignments, related expenses are not expressly authorized for reimbursement.
During the budget setting process, the City Council shall review the budget allocated for travel and& training, as well as events & field trips and make a determination as to the amount of money allocated to each Councilmember for reimbursement of such activities.
Each Councilmember will then have the discretion to determine how to use their allocation of funds, in compliance with the Reimbursement Policy.
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El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 8 of 37 Whenever a Councilmember, at City expense, participates in any travel for City business or for City-related educational purposes, he or she shall provide a brief oral or written report (including the purpose of the trip and any observations that may be of value to the City) at the next regular City Council meeting.
If any Councilmember fails to adhere to this Section, a majority of the City Council may, after discussion at an open session of the City Council:
1) Order that the City withhold any and all unpaid expense reimbursements related to the trip until such time as the report is properly filed and accepted by a majority of the City Council; and
2) Limit or prohibit the expenditure of City funds for said Councilmember to travel or attend any function of any kind, whether within the state or out-of-state, for a term to be determined by a majority of the City Council in each instance.
A Councilmember may request a City issued device for the purpose of conducting official City business. In general, no one Councilmember shall be issued more than one device.
Any additional requests for issuance of a device shall require prior approval by the City Council.
SECTION THREE: RULES OF ORDER AND PROCEDURE
A. DUTIES
1. Duties of Mayor and Mayor Pro Tempore
The Mayor is recognized as the official head of the City Council for all ceremonial purposes and shall preside at over the meetings of the City Council and preserve strict order and decorum at all regular and special meetings of the Council. The Mayor shall state every question coming before the Council.
The Mayor shall announce the decision of the City Council on all subjects, and decide all questions of order and subject, however, to an appeal to the City Council, in which event a majority vote of the City Council shall govern and conclusively determine such question of order. When a motion is made, it shall be stated by the Mayor or the City Clerk before debate.
The Mayor, unless unavailable, shall sign all ordinances, resolutions, proclamations and any other documents that have been adopted by the City Council and require an official signature, except when the City Manager has been authorized by City Council action to sign documents. In the event the Mayor is unavailable, the Mayor Pro Tem's signature may be used. The Mayor Pro Tem shall perform the duties of the Mayor during the Mayor's absence. In the event the Mayor and Mayor Pro Tem are absent, the Councilmember with the longest years of City Council service will serve as Mayor Pro Tem.
The City Council seating order shall be at the discretion of the Mayor. The Mayor Pro Tem is traditionally seated immediately to the left.
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El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 9 of 37 City Council liaison assignments are traditionally typically made at the second first meeting in December January by the Mayor.
Liaison assignments include appointment of a Councilmember to each City Board, Commission, and Committee. Council liaisons shall conduct business in accordance with Resolution 2013-68 regarding Council and Staff Relations with City Commissions, Boards, Committees and Task Forces.
The City Clerk will maintain and keep on file a list of Standing Committees, Ad Hoc Committees, regional agencies and organizations, and joint powers agencies to which Councilmembers are appointed.
2. Duties of Councilmembers
Promptly at the time established by ordinance on the date of each regular meeting, members of the City Council shall take their regular stations in the Council Chambers and the business of the City Council shall be taken up for consideration and disposition.
B. PROCEDURAL MATTERS
1. Bringing Matters Before City Council
1) Requesting Matters for Placement on the Agenda
Matters for the agenda may be requested and approved in the following ways: A request by any member of the City Councilan individual Councilmember approved by the Mayor. A denied request may be subsequently requested at a City Council meeting (preferably during Council Communications), and must be approved by a majority vote of the City Council. A request by an external party approved by the Mayor or City Manager. A request for a future agenda item as a result of direction or action by the City Council. and requires approval of the Mayor for placement on the agenda. Matters A requested by City staff are approved by the City Manager.
Items Authored by the City Staff.
All Aagenda reports shall be reviewed by the City Manager. The City Manager can recommend that the matter be referred to a commission or back to the originating department for adherence to required form, additional analysis, or suggest other appropriate action including scheduling the matter for a later meeting to allow for appropriate revisions. The City Manager, in consultation with the Mayor and City Clerk, determines placement and timing of all items on the Agenda.
Items Submitted by Boards, and Commissions, and Committee Recommendations.
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El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 10 of 37 Recommendations submitted by boards, commissions and committees are submitted through the staff liaison and must follow procedures and timelines for submittal of reports as established by resolution or administrative procedure. The City Manager may, at their discretion, prepare a companion report and analysis of a board or commission's recommendation.
Emergency and Non-Agendized Items. Emergency and non-agendized items may be added to an agenda only in accordance with state law.
Emergency items are rare and are only those matters affecting public health or safety such as work stoppages, disasters, and other severe emergencies that severely impair the public health and/or safety qualify for emergency meetings. Notice of the City Council’s proposed consideration of any such emergency matter shall be given in the manner required by law for such an emergency pursuant to Government Code Section 54956.5.
Adding an emergency item requires a four-fifths vote of the Council.
Emergency items are very rare. More likely, after the agenda is posted, an item arises that the City Council would like to act on. Non-agendized items may be added to the agenda only if the City Council makes findings that: 1) tThe need to consider the item arose after the posting of the agenda; and 2) tThere is a need to take immediate action at this meeting of the City Council.
In both cases, These findings must be approved by a four-fifths vote is required to add the item to the agenda for consideration. ; iIf less than five members of City Council are present, the findings require a unanimous vote of those present.
Proclamations
Ceremonial proclamations are often requested of the City in recognition of an event or individual. Proclamations are not statements of policy but a manner in which the City can make special recognition of an event or individual.
The Mayor, without formal action of the City Council, may review such requests and make the determine as to whether any recognition will be given and what form that recognition will take (for example, Certificate of Appreciation, Certificate of Recognition, Certificate of Commendation, Proclamation, or Resolution). Individual Councilmembers do not have the authority to issue proclamations. Certificates and Proclamations may be sent directly to the requestor or presented at a City Council meeting as arranged with the requesting body and at the Mayor's discretion.
Formal City Council Positions
Formal support or opposition by the City Council for any form of a legislative platform, specific legislation, or other matters shall be approved by a majority of the City Council. If a position is adopted as part of a legislative platform, the Mayor Agenda Packet Page 260 of 324
El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 11 of 37 is authorized to submit a formal letter of support or opposition on behalf of the City Council without separate approval. Any such letter sent shall “cc” the full City Council and be reported by the Mayor at the next regular City Council meeting.
Any individual Councilmember may request the Mayor for approval to add an item to the agenda for consideration.
The Mayor shall report out at a City Council Meeting, any statements made representing the viewpoint of the full City Council.
The City Council shall not take action on any matter that has no direct effect on the local affairs of the City of El Cerrito and over which the City, as a California municipal corporation, has no jurisdiction. If a Councilmember requests consideration of a formal position, they The requesting Councilmember shall furnish with the request, proposed language in the form of a letter, resolution, or other documentation that provides a direct connection or effect on the City El Cerrito.
Scheduling a Presentations
Any request for a presentation to the City Council will be submitted as an agenda item and follow the timelines for submittal of agenda reports.
Presentations are also scheduled as necessary to recognize persons or groups, or to promote events. Ceremonial requests are reviewed by the Mayor.
Any request for a presentation should include general information regarding the purpose and content of the presentation; information on the presenters; contact information; and the length of the presentation. The City Manager and the Mayor will review the request and, if approved, will recommend a presentation date and allotted time based on the Council's schedule.
The City Clerk will notify City staff responsible for the presentation or the presenters themselves of the date and time of the presentation and will coordinate use of any presentation equipment and the receipt of additional electronic or written material for transmittal with the agenda packet.
3.2. Meetings, Schedule, and Council Chamber Use
Regular Meetings
Regular meetings of the City Council, as established by ordinance, shall be held generally on the first and third Tuesday of each month taking into consideration holidays and election dates as specified in El Cerrito Municipal Code Section
2.04.010 and 2.04.040. Regular City Council meetings, in accordance with the time established by ordinance, shall commence at 76:00 p.m. City Council meetings may be scheduled and noticed concurrently with meetings of the El Cerrito Municipal Services Corporation, El Cerrito Public Financing Authority and/or the El Cerrito Employees' Pension Trust Board..
The agenda for the regular business meetings shall include the following:
Pledge of Allegiance (or moment of silence), Ceremonial Items (as needed); City Council and City Staff Communications; Oral Communications from the Agenda Packet Page 261 of 324
El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 12 of 37 Public; Presentations, Consent Calendar (including Information Reports); Public Hearings; and Policy Matters (Appeals, Old Business, New Business).
Workshops and Study Sessions may be included as part of the Presentation or Policy Matter Calendar or scheduled and noticed as separate special meetings. Upon request by the Mayor or any Councilmember, any item may be removed from the Consent Calendar. At the discretion of the Mayor, any item removed from the Consent Calendar may be discussed and voted on prior to or immediately after voting on the Consent Calendar.
Any item not considered or withdrawn from the agenda will automatically be carried over as Old Business to the next regular business meeting unless another date is set by the Council.
Special Meetings
Special meetings may be called by the Mayor at any time or by a majority of members at a duly noticed meeting of the Council. Written notice must be given to the City Council and to the media 24 hours prior to a special meeting. Notice requirements of the Brown Act shall be complied with for all meetings.
Closed Session
Closed sessions may be held at any time authorized by law, to consider or hear any matter which is authorized by law. The Mayor or any three Councilmembers may call a closed session.
City Council Recess Periods
A recess period is defined as a period of time longer than 21 days without a regular or special meeting of the City Council.
During any recess period, the City Manager is authorized to take such ministerial actions for matters of operational urgency as would normally be taken by the City Council during the period of recess except for those duties specifically reserved to the City Council by the Municipal Code, and including such emergency actions as are necessary for the immediate preservation of the public peace, health or safety; and the authority to extend throughout the period of time established by the City Council for the period of recess.
The City Manager shall make a full and complete report to the City Council at its first regularly scheduled meeting following the period of recess of actions taken by the City Manager pursuant to this section, at which time the City Council may make such findings as may be required and confirm said actions of the City Manager.
Use of City Council Chambers
City staff is responsible for maintaining a calendar on the use of the City Council Chambers and all requests for reservations shall be cleared through the City Manager's Office. Use of the City Council Chambers by the City Council shall take precedence over any other use. Service of food or drink within the Council Chambers shall not be allowed.
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El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 13 of 37 City Council Chamber Capacity
City Council Chamber attendance shall be limited to the posted seating capacity thereof. Entrance to City Hall will be appropriately regulated by the City Manager on occasions when the City Council Chamber capacity is likely to be exceeded. While the City Council is in session, members of the public shall not remain standing in the City Council Chambers except to address the City Council and sitting on the floor shall not be permitted. The City Council proceedings may be conveyed by live television broadcast in the City Council Chamber Vestibule, City Hall Lobby, Hillside Conference Room or by loudspeaker to those who have been unable to enter the Council Chambers.
Alternate Facilities for Council Meetings
The City Council shall approve in advance a proposal that a City Council meeting be held at a facility other than the City Council Chambers. If the City Manager has reason to anticipate that the attendance for a meeting will be substantially greater than the capacity of the City Council Chambers and insufficient time exists to secure the approval of the City Council to hold the meeting at an alternate facility, the City Manager shall make arrangements for the use of a suitable alternate facility to which such meeting may be recessed and moved, if the Mayor authorizes the action. If a suitable alternate facility is not available, the City Council may reschedule the matter to a date when a suitable alternate facility will be available. Alternate facilities are to be selected from those facilities previously approved by the City Council as suitable for meetings away from the City Council Chambers.
B.
1.3. General Meeting Protocol
Call to Order - Presiding Officer
The Mayor, or in the Mayor’s absence, the Mayor Pro Tem, shall take the chair precisely at the hour as stated on the agenda and shall immediately call the meeting to order, unless a preceding meeting runs past the stated start time of the meeting. Upon the arrival of the Mayor, the Mayor Pro Tem shall immediately relinquish the chair at the conclusion of the business presently before the Council. In the absence of the two officers specified in this section, the Councilmember present with the longest period of City Council service shall preside.
Roll Call
A majority of the members of the City Council in office shall constitute a quorum. Before the City Council shall proceed with the business of the Council, the City Clerk shall call the roll of the members and the names of those present shall be entered in the minutes. The later arrival of any absentee shall also be entered in the minutes.
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El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 14 of 37 Quorum Call
During the course of the meeting, should the Mayor note a City Council quorum is lacking, the Mayor shall call this fact to the attention of the City Clerk. The City Clerk shall issue a quorum call. If a quorum has not been restored within three minutes of a quorum call, the meeting shall be deemed automatically adjourned.
Adjournment
In order to allow for thoughtful, clear-headed consideration of City business by the public and the City Council, all no City Council meetings shall continue past adjourn no later than 11:00 p.m, unless a majority of the City Council votes to suspend this rule and extend the meeting to discuss specified items. If a City Council meeting is continued past 11:00 p.m., the Mayor should ensure that the meeting is adjourned no later than midnight. Extension of a meeting to finish on-going business shall require a motion to suspend City Council policy to a time certain and vote by a majority vote of the City Council.
Any items not completed at a regularly scheduled City Council meeting shall be continued If the Council has pending business at the time of adjournment, the City Council may adjourn to a convenient, additional session to complete work on the agenda, or the unfinished business may be allowed to carry over to the next regular business meeting, or by a majority vote of the City Council to an adjourned regular meeting.
C. MEETINGS
F. Council Meeting Schedule
D.C. AGENDA/ORDER OF BUSINESS
1. Declaration of PolicyMeeting Agenda and Materials
No ordinance, resolution, action or item of business shall be introduced, discussed or acted upon by the City Council at its meeting without being published on the agenda of the meeting and posted in accordance with this sectionthe requirements of the Ralph M. Brown Act. Exceptions to this rule are limited to emergency matters and matters that are allowed to be added to the agenda under the Brown Act and items carried over, as defined and discussed in Section L.above.
Distribution and Posting of Agenda
The City Clerk shall post each agenda for a City Council regular mMeeting Agenda Packet Page 264 of 324
El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 15 of 37 agendas shall be posted online no less than 72 hours in advance of the meeting and shall post each agenda for a special meeting no less than 24 hours in advance of the meeting online and in the official bulletin board and at any other locations specified by ordinance or resolution. by the City Clerk or designee not less than 72 hours prior to a regular meeting, and not less than 24 hours prior to a special meeting.
The City Clerk shall maintain an affidavit indicating the location, date and time of posting for each agenda. Whenever possible, all meeting materials shall be The City Clerk shall also post agenda packets, minutes and all legal notices for City Council meetings posted on the City's website at the same time as the meeting agenda. Not later than the third day prior to said meeting, copies of the agenda shall be sent by the City Clerk to any resident of the City of El Cerrito who so requests in writing. Copies shall also be available free of charge in the City Clerk's Office.
Distribution of the Packet
Not later than the third day prior to said meeting, the City Clerk shall distribute the packet to each member of the City Council and place a packet for public review at the El Cerrito Library. The agenda packet will also be made available to members of the press upon request and will be posted on the City's website.
Any supplemental materials distributed to members of the City Council or provided at the meeting after the posting of the agenda will be available for public review in the City Clerk's Office and at the City Council meeting. If supplemental materials are made available to the members of the City Council at the meeting, a copy will be available for public review in the City Council Chambers. All supplemental materials shall be posted online after the meeting.made available to the public.
2. Agenda Sequence and Order of Business
The Mayor or City Manager may re-order the agenda prior to its publication in the interests of accommodating public comment or public hearing testimony, the appearance of elected officials, or the conservation of resources. Any items not considered or withdrawn from the agenda will be carried over to the next available regular meeting unless a specific date is set by the City Council.
The City Council agenda for a regular business meeting shall generally be arranged in the following order:
1) Roll Call
2) Pledge of Allegiance (or/ moment of silence)
3) Preliminary Matters:City Council and City Staff Communications i. (Ceremonial, Reports of Closed Session, City Council and City Staff Communications)advisory body appointments, and information Agenda Packet Page 265 of 324
El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 16 of 37 reports on matters of general interest
4) Oral Communications from the Public
i. Non-agenda items, General public comment and comments relating to the Consent Calendar and Presentation items which do not otherwise appear on the Agenda.
ii. Public Hearings and Policy Items Public Comments relating to items on the action calendar are presentedwill be heard at the time the City Council discusses each theaction item.)
5) Presentations (
iii.i. May include Proclamations, Awards, Workshops and Study Sessionsand external presentations of information.)
3)6) Consent Calendar (including Minutes, Proclamations, Routine Matters without controversy and Information Reports)
4)7) Public Hearings
8) Policy Matters (including Old Business, New Business, and work sessions which require City Council direction)
i. May include workshops or study sessions
9) City Council Assignments I Liaison Reports
i. Local and Regional Liaison Assignment Reports
ii. Required reporting under AB1234 for meetings attended at the public’s expense
5)10) Adjournment
A duly noticed closed session may be held at any time during a meeting consistent with applicable law.
3. Description of Items of Business
Consent Calendar
There shall be a Consent Calendar on all regular meeting agendas on which shall be included those matters which the Mayor, Councilmembers, and the City Manager deem to be routine and of such nature that no debate or inquiry will be necessary at the City Council meetings. Typical consent calendar items include the final adoption of ordinances, non-policy items, resolutions approving agreements, awards of contracts, minor budgetary adjustments, meeting minutes, status reports, confirmation of committee appointments, proclamations and reports of routine City operations.
City Council Minutes shall be submitted for approval on the Consent Calendar.
The primary purpose of the City Council Meeting Minutes shall be to record start and end time, City Council attendance, and the actions taken by the City Council.
It is the policy of the City Council that Councilmembers wishing to ask questions concerning Consent Calendar items should ask questions of the City Agenda Packet Page 266 of 324
El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 17 of 37 Manager prior to the City Council meeting so that the need for discussion of consent calendar items can be minimized. This practice allows the City Manager time to notify staff that a presentation of the item may be required.
Upon motion of any member of the Council, all items on the Consent Calendar shall be acted upon together and, if the motion is approved, adopted, or accepted, each item shall be deemed to have received the action recommended.
There will be no separate discussion of matters on the Consent Calendar. A Councilmember may vote "no" or may abstain on any consent calendar item without comment or discussion. Upon request by any Councilmember or the City Manager, any item may be removed from the Consent Calendar. Requests by a member of the public to remove an item from the Consent Calendar shall only be honored if subsequently sponsored by a Councilmember. At the discretion of the Mayor, any item removed from the Consent Calendar may be discussed and voted on prior to or immediately after voting on the Consent Calendar.
Public Hearings
The City Council, in setting the time and place for a public hearing, may limit the amount of time to be devoted to presentations by the public. Notices of Public Hearings will be posted, published and mailed as required by law.
When the Public Hearing is called, staff will summarize the application/project/appeal/matter as contained in the staff report. The City Council may ask questions for clarification. Public Hearings relating to land use and zoning matters or appeals include formal presentations by applicants and appellants.
Anyone desiring to speak to the City Council on the subject of the public hearing are asked to submit a written request to the City Clerk at the meeting at which the public hearing is held. In the conduct of the public hearing, the Mayor may request that those making presentations avoid repetition in order to permit maximum information to be provided to the City Council within the time allotted to the hearing.
Speakers may testify on public hearing matters only during the designated public hearing and not as part of Public Comment. The City Clerk will call out speaker names in the same order as speaker cards are received. The City Council may allow the elderly, disabled and those with childcare needs to speak early during public hearings.
Public Hearings may be placed on the agenda for a regular business meeting.
When a public hearing is expected to be contentious and lengthy and/or the City Council's regular meeting schedule is heavily booked, the City Council, in conjunction with the City Manager and their staff, may schedule a special Agenda Packet Page 267 of 324
El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 18 of 37 meeting exclusively for the public hearing. No other matters shall be placed on the agenda for the special meeting. All public comment will be considered as part of the public hearing and no separate time will be set aside for public comment not related to the public hearing at this meeting. 1) Public Hearings. Interested persons or their authorized representatives may address the City Council by reading protests, petitions, or communications relating to matters then under consideration.
P. Time Limitations for Public Hearing
Each speaker shall be limited to three minutes with the exception that one One representative for an appellant or applicant of an appeal shall be allowed fifteen minutes each for an initial presentation during the public hearing and ten minutes each for rebuttal following the other comments on the matter.
No person may speak without first being recognized by the Mayor. The Mayor, subject to alteration by the City Council, may establish overall time limits for applicants, appellants and other speakers at public hearings and set up such other procedures that may facilitate the orderly and efficient conduct of such hearings.
When all parties have been heard and there are no additional requests to speak, the Mayor shall ask for a motion to close the Public Hearing. After a motion and second, a majority vote of the quorum shall be sufficient to close the public hearing. Any member of the City Council may make a motion to:
a) Continue the Public Hearing to a date certain or uncertain to allow for further study and discussion; or b)
Close the Public Hearing and do one of the following: 1) aApprove the application/project/matter as submitted; 2) cConditionally approve the application/project/ matter with certain revisions or added conditions; 3)
rRemand a land use matter back to the Planning Commission; 4) rRemand a design matter back to the Design Review Board; or 4) dDeny the application/project/matter.
When more than one public hearing is scheduled, the Mayor may call a City Council recess between the hearings.
Once the public hearing has been closed, no member of the public shall be permitted to address the City Council or the staff from the audience, except at the discretion of the Mayor.
After the public hearing is closed, any member of the City Council may make a motion to:
Continue the matter to a date certain or uncertain to allow for further Agenda Packet Page 268 of 324
El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 19 of 37 deliberation; or
Do one of the following:
Approve the application/project/matter as submitted;
Conditionally approve the application/project/ matter with certain revisions or added conditions;
Remand a land use matter back to the Planning Commission; Remand a design matter back to the Design Review Board; or Deny the application/project/matter.
If the public hearing is an appeal to the City Council, the motion shall also indicate that the appeal is granted or denied.
Persons who believe they cannot adequately present their testimony or evidence within the time limits provided herein are encouraged to submit their comments in writing to the City Clerk for distribution to the Council. To ensure that these written comments are distributed to the City Council with the agenda staff report and supporting written materials, the City Clerk must receive the written comments by the Monday eight days prior to the City Council meeting at which the hearing is scheduled. If that is not possible, then the written comments should be submitted to the City Clerk at the earliest feasible time prior to the meeting.
Work Study Sessions and Public Discussions
The City Council or City Manager may from time to time, schedule a matter for general City Council discussion and direction to staff. Official/Formal action on a work session item will take place at the conclusion of the work session orwould be scheduled on a subsequent City Council agenda. In general, public comment at City Council work study sessions will be heard after the staff presentation and Council questions. At the time the work session discussion is scheduled, the City Council may seek comment from others if they so determine as appropriate.
Requests for Technical Assistance and/or Reports
A majority vote of the City Council shall be required to direct the City Manager to provide technical assistance, develop a report, initiate staff research, or respond to requests for information or service generated by an individual Councilmember.
D. CONDUCT OF MEETINGS
1. Public Participation
Members of the public or other interested parties have multiple avenues to participate in City Council meetings by providing public comments on both matters listed on the agenda, or on matters not on the agenda but within the subject matter jurisdiction of the City Council.
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El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 20 of 37 Written Communications.
Interested parties or their authorized representatives may address the City Council by written communications in regard to matters of concern to them.
Communications received by the City Clerk prior to close of business on the day of a City Council meeting shall be duplicated andby the deadline listed on the agenda will be provided submitted to the City Council in advance of the meeting. Those received after the deadline will be posted with meeting materials on the City’s website after the meeting.
If a member of the public desires to present written communications to the City Council at the meeting, the communication shall be submitted to the City Clerk. if related to an item which is on the agenda for that meeting. Written materials brought to the meeting for distribution to the City Council shall be provided with Members of the public are requested to provide no less than 7 copies of each written communication so that sufficient copies are available for review during the meeting by the City Council and staff, and to provide a to the City Clerk who will retain an original copy for the official record. Parties that display models and large exhibits may withdraw them. The City Clerk can request that substitute photographs be submitted as part of the record.
Comments from the Public
An oral communication period is convened at the beginning of each City Council meeting to provide an opportunity for members of the public to address the City Council on items of interest to the public which are within the subject matter jurisdiction of the Council but not on the agenda, items placed on the Consent Calendar, and Presentation items. Each speaker shall limit their remarks to no more than three minutes.
Public Comment shall be limited to matters on the agenda only for all special meetings.
In order to increase the number of persons who can be heard by the City Council when there are a large number of persons who wish to be heard on one or more matters, the Mayor may make adjustments to these rules, for example, by increasing or shortening the amount of time per speaker, increasing or shortening the total time allotted for public comment or for a subject and/or require the pooling of time per side on a subject.
Speakers are asked to give their names and the city of their residence prior to making their public comments. To expedite the public comment period, the City Clerk will announce the name of the speaker and the city of residence if provided on the speaker card.
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El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 21 of 37 Councilmembers may ask questions, but the City Council shall not discuss or act in connection with a speaker's comments if the subject is not on the agenda for action. A Councilmember may, however, refer a subject to the City Manager or other resources for factual information or for action, if appropriate.
Communications
Members of the public are encouraged to present written comments to the City Clerk in advance of the meeting, as a way to fully communicate their thoughts on agenda or non-agenda items. This provides the City Council with a greater opportunity to review and consider issues and/or concerns expressed in written communications prior to a meeting. Letters from the public will not appear on the City Council agenda as individual matters for discussion but will be distributed as part of the City Council packet with the exception that communications regarding appeals will be listed on the agenda with the appeal.
All communications regarding an appeal must have been received by the City Clerk no later than the Monday eight days prior to the meeting in order to be included in the agenda packet.
All communications shall be simply deemed received without any formal action by the Council. A Councilmember may refer a communication to the City Manager for action, if appropriate, or request that a consent or action item be prepared for placement on a future agenda.
Oral Communications.
Any person wishing to address the City Council may do so both in person, or using the teleconferencing platform provided by the City. The city shall provide a voluntary method to submit a request to speak that will include a name for speaker identification, the topic of comments when not on the agenda, or the agenda item they wish to speak on. The same method will be used for both in person and remote speakers.
Members of the public wishing to speak to the City Council are requested to complete, and turn into the City Clerk prior to the item being called, a speaker slip indicating the agenda item or subject matter on which they wish to speak. Public comment relating to presentation items, consent calendar items, or City business that is not otherwise listed on the agenda are heard at the beginning of the meeting. Public comment relating to any other item listed on the agenda are received at the time that item is taken up for consideration by the Council. No person shall address the City Council without first being recognized by the Mayor. Any person wishing to address the City Council is requested to complete a speaker card with their name, city of residence and/or organization and submit to the City Clerk before the Mayor calls for Oral Communications or calls for public comment on a particular agenda item.If a member of the public desires to present written communications to the City Council during the City Council meeting, the communication shall be submitted to the City Clerk. Members of the Agenda Packet Page 271 of 324
El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 22 of 37 public are requested to provide 7 copies of each written communication so that sufficient copies are available for review during the meeting by the City Council, City Staff, and members of the public.
Videos, PowerPoint or similar presentations may accompany in-person testimony but are subject to the discretion of the Mayor and the same speaking time limits. Prior notice of at least 72 hours and coordination with the City Clerk is required and the Mayor reserves the privilege to limit such requests as necessary for the effective conduct of the meeting. They are not allowed by members of the public participating via a teleconferencing platform provided by the City.
State law prohibits the City Council from taking action on any item not listed on the Agenda unless the City Council makes a determination that an emergency exists or that the need to take immediate action on the item arose subsequent to the final posting of the agenda.
Addressing the City Council
The purpose of addressing the City Council is to communicate formally regarding matters that relate to agendized City Council business or citizen resident concerns within the subject matter jurisdiction of the City Council. Any person desiring to address the City Council shall first secure the permission of the Mayor to do so. Comment and testimony are to be directed to the Mayor and Council.
Responses to Public Comment
The Brown Act restricts discussion of items that are not listed on the agenda.
During any period of public comment, Councilmembers shall not respond to comments by members of the public in order to ensure that a Brown Act is not violated.
At any time while Council is in session, Ddialogue between and inquiries from citizens residents at the lectern and individual Councilmembers, members of staff, or the seated audience is not permitted. Under the following headings of business, unless the Mayor rules otherwise, any qualified and interested person shall have the right to address the City Council in accordance with the following conditions and upon obtaining recognition by the Mayor:
Addressing the City Council after Motion Made
When a motion is pending before the Council, no person other than a Councilmember shall address the City Council without first securing the permission of the Mayor or City Council to do so.
Public Speaker Protocol
Each person addressing the City Council shall first give their name and city of Agenda Packet Page 272 of 324
El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 23 of 37 residence in an audible tone of voice, or through other means as a reasonable accommodation, for the record. All remarks shall be addressed to the City Council as a body whole and not to any member thereof. No one other than the City Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Mayor. No question shall be asked of a Councilmember except through the Mayor. Groups and organizations are encouraged to designate a spokesperson whenever possible.
Time Limitations.
While the City Council encourages and embraces the need for and right of public participation, it acknowledges that public comments must may need to be limited in the interest of fairness to other persons wishing to speak and to other individuals or groups having business before the City Council. Each speaker shall limit comments to three minutes.
If a large number of people wish to speak, this the time per speaker or the total amount of time allowed for public comments may be shortened by the Mayor so that the number of persons wishing to speak may be accommodated within the time available. Two opportunities for the public to speak on the same issue will not be permitted unless mandated by state or local law.
While the Mayor retains the discretion to determine any reductions in speaker time, they may also choose to adhere to the following process:
1-10 speakers, 3 minutes
11-20 speakers, 2 minutes
21-30 speakers, 1 minute
31+ speakers, 1 minute and the total time for public comments may be reduced
Yielding of Time.
It is understood that a person making a request to speak does so on their own behalf. For this reason and to guarantee all persons an ample opportunity to be heard, all speakers will be recognized for the same amount of time. No speaker will be allowed to yield all or part of their time to another, and no speaker will be credited with time requested but not used by another.
2. Teleconferencing Technology
Unless an exception applies, members of the public must be allowed to participate in City Council meetings either in person or through a two-way audiovisual platform or two-way telephonic system. The audiovisual platform or telephonic system shall be approved by the City Manager.
One of the exceptions to the availability of a two-way audiovisual platform or twoAgenda Packet Page 273 of 324 El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 24 of 37 way telephonic service for the public to participate in City Council meetings is that adequate telephonic or internet service is operational at the meeting location If a two-way audiovisual platform is used, a call-in option must be publicly posted and provided. If the audiovisual platform selected by the City manager includes any automatic captioning function, it must be activated during a meeting. If a twoway audiovisual platform is used for a meeting, members of the public will be restricted to the use of audio only when allowed to participate in the meeting. If a two-way audiovisual platform is not used, a two-way telephonic service for the public to participate in a meeting must be provided.
The teleconferencing platform used shall provide the following safeguards for minimizing meeting disruptions:
Ability to restrict the use of any chat features to ensure no violations of the Brown Act occur.
Webinar format to allow City Staff to prevent use of video and audio functions by members of the public.
Should improved technology become available or legislation approved that allows for increased protection against meeting disruptions, the City Manager is authorized to make such changes.
If at any time during the meeting the teleconference technology fails, pursuant to Government Code § 54953.4 et seq, the following procedure shall be completed in order to attempt to restore the service:
The City Council shall immediately recess the open meeting o During the recess, good faith attempts to restore services must occur o During the recess the City Council may meet in closed session The City Council shall not reconvene the meeting until at least one hour has passed following the disruption, or services are restored, whichever occurs earliest.
Upon reconvening, if services have not been restored, the City Council shall adopt, by rollcall vote, the following findings:
o That a good faith effort to restore services has been made in accordance with the adopted City Council Rules of Order and Procedures, section D.2; and
o The public interest in continuing the meeting outweighs the public interest in remote public access.
Suspending Remote Participation
If conditions exist that impact the ability of the City Manager to provide a harassment free work environment for staff, or remote public comments are Agenda Packet Page 274 of 324
El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 25 of 37 creating a significant or ongoing disruption to the City Council meeting, the City Manager in conjunction with the Mayor, City Attorney, and Police Chief, are authorized to prevent disruptive speakers from continuing with public comments following the decorum protocols below.
3. Decorum
Councilmembers and staff shall conduct the business of the City of El Cerrito recognizing that stewardship of the public interest must be of primary concern.
Working for the common good of the people of the City of El Cerrito assuring fair and equal treatment of all persons and issues which come before the City Council and work earnestly to preserve appropriate order and decorum during all meetings. No person shall disrupt the orderly conduct of the City Council meeting.
As defined in Government Code section 54957.95(b), “disruption” means engaging in behavior during a meeting of the City Council that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following:
A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Section 54954.3 or any other law. Engaging in behavior that constitutes use of force or a true threat of force. “True threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.
By way of example only, the City Council finds that the following are examples of Pprohibited disruptive behavior within the meaning of section 54957.95(b) includes but is not limited to:
shouting, making disruptive noises, such as boos or hisses, creating or participating in a physical disturbance , speaking out of turn or in violation of applicable rules, preventing or attempting to prevent others who have the floor from speaking,
preventing others from observing the meeting,
approaching the City Council dais or speaker podium without consent, or refusing to obey the lawful and reason orders of the Mayor or Council.
Any message to or contact with any member of the City Council while the City Council is in session shall be through the City Clerk. Neither Councilmembers nor any persons addressing the City Council shall make personal, slanderous, or profane remarks to any member of the Council, staff or the general public.
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El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 26 of 37 Noise emanating from the audience within the City Council Chamber or lobby area which disrupts meetings shall not be permitted. All cellular phones and other consumer devices shall be muted while in the Chamber. Refusal shall be grounds for removal.
Decorum by Councilmembers
While the City Council is in session, Councilmembers must respect the Mayor's authority to conduct each meeting and preserve order and decorum. A member shall not , by conversation otherwise, delay or interrupt the proceedings or the peace of the City Council. This includes disruption by conversation, leaving the dais during city proceedings to interact with members of the audience, or otherwise.
Members shall not nor disturb disrupt any member while speaking, nor refuse to obey the orders of the Council, or the Mayor, except as otherwise herein provided. Members shall make the public feel welcome, value each other's time and respect each other's opportunity to speak including limiting negative non-verbal reactions when opinions differ.
Members shall continually while attempting to build consensus on an item through an opportunity for dialogue; but when this is not possible, the majority vote shall prevail and the majority shall show respect for the opinion of the minority. While seated at the Council dais, Councilmembers will strive to minimize the use of electronic devices for any other purpose than conducting the meeting.
Speaker Decorum. Speakers are to address their comments to the City Council from the podiumlectern. Each person addressing the City Council shall do so in an orderly manner and shall not engage in conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of the City Council meeting. Staff shall only respond to public comment or inquiry if requested to do so by the Mayor.
Any person, who so disrupts the meeting shall, at the discretion of the Mayor or a majority of the City Council, be subject to removal from that meeting. Any speaker who violates the rules of order and decorum or and who fails to heed a warning from the Mayor or law enforcement official will be escorted out of the City Council Chambers and may be placed under arrest.
The City Council finds that continued use of loud, threatening, profane, or abusive language or verbal conduct that denigrates an individual because of their race, color, gender, religion, sexual orientation, age, national origin, disability, or other protected category after a verbal warning from the presiding officer impedes the orderly conduct of the meeting and constitutes a disruption within the meaning of Government Code section 54957.95(b). It interferes with the Council’s ability to accomplish its functions in a reasonably efficient matter by causing a distraction from Council business, chilling other members of the public’s participation, interfering with the ability of those present to listen and understand the business Agenda Packet Page 276 of 324
El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 27 of 37 and proceedings of the Council, and may constitute or contribute to employment or other types of discrimination.
Prior to ordering the removal of the individual for disruptive conduct, the presiding officer shall issue a warning the individual that their behavior is disrupting the
meeting and shall follow the procedures below if applicable.
Enforcement of Decorum
The Mayor may call a recess if a speaker or group of speakers become unruly and/or interferes with the orderly conduct of the meeting. Any law enforcement officers on duty or whose services are commanded by the Mayor shall be Sergeant-at-Arms of the City Council meetings. They shall carry out all orders and instructions given by the Mayor for the purpose of maintaining order and decorum at the City Council meetings. Any recess called to enforce decorum shall include the suspension of any audio/video feeds.
Upon instructions of the Mayor or a majority of the City Council, it shall be the duty of the Sergeant-of-Arms, or any officer present, to escort outside or place under arrest any person who violates the order and decorum of the meeting, and cause them as necessary, to be prosecuted under the provisions of applicable law.
At any time the Mayor may delegate the City Attorney to act as parliamentarian regarding enforcement of decorum. If the disruption is significant and is preventing the business of the meeting to be conducted, the Mayor may clear the room in order to continue the business of the meeting. Representatives of the media, except those participating in the disturbance, shall be allowed to continue attending the meeting. (Gov. Code § 54957.9.)
Verbal Conduct Denigrating Individuals Based on a Protected Category When a person disrupts a meeting (within the meaning of Government Code section 54957.95(b)) by engaging in verbal conduct that denigrates an individual because of their race, color, gender, religion, sexual orientation, age, national origin, disability, or other protected category, the presiding officer shall take the following actions:
1) The Mayor or designee shall stop the speaker to issue a warning by reading the relevant portions of the City’s Respect in the Workplace Policy. The Mayor or designee may ask the City Clerk to mute the speaker on the teleconferencing platform provided by the City. The Mayor or designee shall state that the City does not condone comments in violation of the City’s Policy and that the speaker’s harassment is unwanted and unwelcome and disrupts the meeting by interfering with the Council’s ability to accomplish its functions in a reasonably efficient matter by causing a distraction from City business, chilling participation from other members of the public, interfering with the ability of Agenda Packet Page 277 of 324
El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 28 of 37 those present to listen and understand the business and proceedings of the City, and may constitute or contribute to other forms of discrimination. 2) The Mayor or designee shall state that any City employee present may be excused from attendance at the meeting during the speaker’s remarks. 3) The Mayor or designee shall hold the speaker’s time and the speaker may resume speaking after the presiding officer’s warning statement, unless the speaker’s comments continue to disrupt, disturb, or impede the orderly conduct of the meeting. If the speaker continues to disrupt, disturb, or impede the orderly conduct of the meeting, the Mayor or designee may prohibit the speaker from further commenting or may order the speaker to be removed from the meeting.
4) After the end of the speaker’s comments, any Councilmember may make a brief response to such comments, if desired.
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El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 29 of 37
4. Parliamentary Procedure
P. Rosenburg’s Rules of Order
Rosenburg’s Rules of Order shall apply in all cases with the following exceptions:
that tThe City Council shall normally attempt to arrive at consensus through discussion before a motion is made. The Mayor may consider requests for, or call a recess at any time during a Council meeting without a motion.
The following outlines relevant components of Roseburg’s Rules of Order which City Council meetings shall operate under:
Motions and Precedence of Motions
When a motion is made, the Mayor should determine if any member of the body wishes to second the motion. In general, the Mayor should not make or second a motion unless they are convinced that no other member of the body will do so. While it is good practice for a motion to require a second, it is not an absolute requirement, and the Mayor can proceed with consideration and vote on a motion with no second. This is a matter left to the discretion of the Mayor.
No more than three motions shall be on the floor at any given time. When there are two or three motions to consider at the same time, the vote shall first be on the most recent motion made. The three basic motions are as follows: The A Basic Motion. One that puts forward a proposed decision for the body’s consideration.
The A Motion to Amend. A motion to amend takes the basic motion that is before the body and seeks to change it in some way. A motion to amend seeks to retain the basic motion on the floor but modify it in some way.
The A Substitute Motion. If a member wants to completely do away with changes the basic motion that is before the body., they would move a substitute motion. A substitute motion seeks to throw out the basic motion on the floor and substitute a new and different motion to replace it.
Rules of Debate
The basic rule of motions is that they are subject to discussion and debate. The Mayor is free to participate in the debate, however should strive to be the last to speak. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the Mayor that it is time to move on and take action.
Motions Not Subject to Debate
There are exceptions to the general rule of free and open debate on motions. The Agenda Packet Page 279 of 324
El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 30 of 37 exceptions all apply when there is a desire of the body to move on. A motion to adjourn, motion to recess, motion to table or motion to limit debate The following motions are not debatable (that is, when the following motions are made and seconded, and the Mayor must immediately call for a vote of the body without debate on the motion).:
Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote. If all items of business have concluded, the Mayor may adjourn the meeting without a motion.
Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the Mayor determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote. Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold.” The motion can contain a specific date/time in which the item can come back to the body or no specific time, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting.
Motion to limit debate. As a practical matter, when a member calls out “I move the previous question” or “I move the question” or “I call the question”, the Mayor can treat it as a “request” rather than as a formal motion. The Mayor can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the Mayor can go right to the pending motion that is on the floor.
However, if even one person wishes to discuss the pending motion further, then the Mayor should treat the call for the “question” as a formal motion and should ask for a second, stop debate, and vote on the motion to limit debate.
The motion to limit debate requires a two-thirds vote of the body.
Voting
It is the policy of the City Council that all members present at a meeting fully participate in the discussion of a matter and shall vote for or against a motion, unless disqualified by conflict of interest or other legal reason. Votes are counted for “those present”, therefore if a Councilmember abstains from voting, their vote shall be counted as a “No” vote for the purpose of determining if the motion passes.
Failure of a seated member to orally express a vote constitutes an affirmative vote. No ordinance, resolution, recommendation or motion shall be passed or become effective without an affirmative vote by the majority with a quorum present.
Agenda Packet Page 280 of 324
El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 31 of 37 If the vote is a voice vote, the Mayor or City Clerk shall declare the result for the record. The Mayor may also request a vote by roll call. Vote by roll call is required for any meeting in which any member is participating via teleconference. Regardless of the manner of voting, the results reflecting all yes and no votes and the Councilmembers who cast them must be clearly set forth for the record. To be adopted, a motion requires the yes vote of a majority of the quorum present, unless the vote of four or five Councilmembers is required by statute, ordinance, or resolution.
If a member is disqualified, the member shall not participate in the consideration of the matter, shall not be counted for the purpose of the quorum, and shall leave the dais during the consideration of the matter; provided, however that if the matter is being considered on the Consent Calendar and has not been removed, from the Consent Calendar, the Councilmember may remain on the dais and disclose the reason for disqualification.
A tie vote is equivalent to a motion that has failed and means no action has been taken. Should a tie vote occur, the City Council may make additional motions until an action receives three affirmative votes. If no motions are made, then the tie vote shall be treated as no action and the Mayor may treat the matter as concluded and move on to the next item on the agenda. If the matter involves an appeal, and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision-making person or body from which the appeal was taken.
Voting Disqualification
Any Councilmember shall not vote upon any matter on which the member is disqualified due to a conflict of interest, or any quasi-judicial action regarding that in which the Councilmember is biased. No member of the City Council who is disqualified shall vote upon the matter on which he or she is disqualified.
Any member shall openly state or have the Mayor announce the fact and nature of such disqualification in the open meeting and shall not be subject to further inquiry. A member who is disqualified by conflict of interest shall leave the dais during the debate and must not vote on such matter. This shall not prohibit the member from remaining in the Chamber as a member of the public to hear other testimony and to provide their own testimony to the City Council as a member of the public. The member may remain on the dais for Consent Calendar items if the member states that they are abstaining from the vote due to the described conflict of interest before the Consent Calendar is voted on in one motion.
Agenda Packet Page 281 of 324
El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 32 of 37 E. Definitions
For purposes of this section, the terms listed herein shall be defined as follows:
"Agenda Item" means an item placed on the agenda for a vote by the City Council. For purposes of this section, appeals shall be considered action items. All information from the City Manager or Department Director concerning any item to be acted upon by the City Council shall be submitted as a report on the agenda and not as an off-agenda memorandum and shall be available for public review, except to the extent such report is privileged and thus confidential such as an attorney-client communication concerning a litigation matter or any other matter deemed a closed session matter as allowed under the Brown Act.
Agenda items shall contain all relevant documentation, including the following as applicable:
1) A descriptive title that adequately informs the public of the subject matter and general nature of the item or report and action requested; 2) Whether the matter is to be presented on the Consent Calendar, Presentations, Public Hearings or Policy Matters;
3) Recommendations of the City Manager or their staff, if applicable containing the recommended action to be taken by the City Council with respect to that particular item, and the rationale for the recommendation;
4) Fiscal impacts of the recommendation;
5) A description of the current situation and its effects; 6) Background information as needed;
7) Alternative actions considered (if applicable);
8) For awards of contracts; the abstract of bids in those cases where such is required;
"Agenda” means the compilation of the descriptive titles of agenda items submitted to the City Clerk, arranged in the sequence established in Section P.
"Packet" means the agenda plus all its corresponding agenda reports and attachments.
Agenda Packet Page 282 of 324
El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 33 of 37 “Emergency Matter" arises when prompt action is necessary due to the disruption or threatened disruption of public facilities and a majority of the City Council determines that:
1) a work stoppage or other activity which severely impairs public health, safety, or both;
2) a crippling disaster which severely impairs public health, safety or both.
"Old Business" Items carried over from a prior agenda of a meeting as uncompleted items.
F. Procedure for Bringing Matters before City Council
2) Scheduling Public Hearings Mandated by State, Federal, or Local Statute
The City Clerk may schedule a public hearing at an available time and date in those cases where State, Federal or local statute mandates the City Council hold a public hearing.
3) Submission of Agenda Items
Except for Old Business, as a condition to placing an item on the agenda, agenda items from departments, including agenda items from commissions, shall be furnished to the City Clerk at a time established by the City Manager. The City Manager has set a deadline of 12:00 p.m. on Monday eight days prior to the regular City Council Meeting at which the item is to be presented. If Monday falls on a holiday, the agenda item shall be submitted to the City Clerk on the preceding Thursday, twelve days before a meeting.
G. Packet Preparation and Posting
1) Preparation of the Packet
Not later than the Thursday prior to the City Council Meeting, the City Clerk shall prepare the agenda packet, which shall include the agenda plus all of its corresponding agenda reports and attachments.
No item shall be considered if not included in the packet, except that a correction or supplement to an item already included in the packet may be considered. Reports carried over as Old Business shall be reproduced again at the City Manager's discretion.
2) Failure to Meet Deadlines
The City Clerk shall not accept any agenda item or revised agenda item after established deadlines unless authorized by the City Agenda Packet Page 283 of 324
El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 34 of 37 Manager.
Matters not included on the published agenda may not be discussed and acted upon unless otherwise authorized by State law or providing the City Council finds one of the following conditions is met:
a) Four-fifths of the City Council determines that the subject meets the criteria of "Emergency" as defined in Section M. b) Four-fifths of the City Council determines that there is a need to take immediate action and that the need for action came to the attention of the City subsequent to the posting of the agenda as required by law.
H. CONDUCT OF MEETING
Q. Information Reports Called Up for Discussion
Reports for Information designated for discussion at the request of any Councilmember shall be added to the appropriate section of the agenda and may be acted upon at that meeting or carried over as pending business until discussed or withdrawn.
I. PROCEDURAL MATTERS
R. Persons Authorized to Sit at Presentation Tables
No person, except City officials, their representatives and representatives of boards and commissions and those recognized by the Mayor shall be permitted to sit at the tables in the front of the City Council Dais without the express consent of the Council, or if prearranged with the City Manager as a reasonable accommodation.
J. FACILITIES
SECTION FOUR: ENFORCEMENT OF POLICIES AND PENALTIES FOR OTHER
MISCONDUCT BY MEMBERS
The City Council acknowledges that members will not always agree on matters of public policy and that they will have different styles of communicating with each other and the public. Those kinds of differences can result in tensions between members. The City Council values a respectful working relationship among the members. When tensions between members occur, the City Council strongly encourages members to speak directly to each other in an effort to resolve the matter to maintain the ability of the City Council to work collectively for the public benefit. The process described below is intended to address violations of the City Council policies and other forms of misconduct, and not to be a method of resolving disagreements between members of the City Council.
The City Council also acknowledges that members retain the constitutional rights to free speech, and that as elected officials, they have an obligation to speak publicly about Agenda Packet Page 284 of 324
El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 35 of 37 matters of concern to constituents. The procedures are not intended to limit the rights and obligations of Councilmembers. They are not intended to penalize legitimate disagreements about matters of public policy. They are intended to apply to the speech and actions of Councilmembers only to the extent that a Councilmember’s speech or actions violate these policies or constitute misconduct.
The procedures in this section shall apply in the following three situations: (1) When any member of the City Council reasonably believes that another member of the City Council has acted in violation of this policy. (2) When a member of the City Council has been convicted of a crime. (3) When a decision maker with competent jurisdiction has issued a final determination that a member of the City Council has violated a law related to the conduct of public business.
Examples of laws related to the conduct of public business include, without limitation, the Brown Act; the Political Reform Act and related Fair Political Practices Commission regulations; Government Code § section 1090 and related provisions of the Government Code; and other California laws establishing requirements for or limitations on the activities of local government elected officials. The procedures in this section shall apply to (2) and (3) only after the exhaustion or expiration of all available appeals. For the purposes of this section, “misconduct” refers to either (2) or (3), or both.
The process described in this section is applicable only to assertions made by one member of the City Council against another. It does not apply to a complaint against a member of the City Council by a member of the public or by an employee or official of the City. Complaints against a member of the City Council by a member of the public or an employee or official of the City will be handled through other processes, as required by law or other City policy.
Any Councilmember may request the City Attorney to deliver a general reminder to the entire City Council that a particular type of behavior is a violation of this policy, and that violations, could cause a member to be subject to the penalties described in this section.
Any Councilmember may privately admonish another Councilmember if they believe a violation has occurred.
Any Councilmember who believes that another Councilmember has violated these policies or committed misconduct may file a written complaint with the City Manager and/or the City Attorney. For the purposes of this section, any complaint which names more than one Councilmember shall be considered a separate complaint for each named Councilmember. Once a formal complaint has been filed, the following process shall be followed:
1. Within 10 days of receipt, the City Attorney shall provide written notice to the accused Councilmember, providing the opportunity to respond to the complaint in writing.
2. The accused Councilmember shall have 10 days from receipt of written notice to respond to the complaint in writing.
Agenda Packet Page 285 of 324
El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 36 of 37
3. The written complaint and response shall be presented to the full City Council at the next available meeting under Policy Items.
4. The City Council shall review each complaint, the response, and any information provided in support of each Councilmember’s position. If the subject of the complaint is the Mayor, the Mayor Pro Tempore shall preside over the matter. The Councilmember who filed the complaint shall not preside over the matter. All members of the City Council may participate in consideration of and vote upon a complaint. The interest of the Councilmember who filed the complaint and the Councilmember who is the subject of the complaint shall not be treated as disqualifying Any action on a complaint shall require a majority vote of those participating. The City Council may take the following actions on a complaint:
a. No action.
b. Public admonishment orally or in writing.
c. Determine that additional information is necessary to make a decision. i. In this case, the City Council may direct the City Manager and City Attorney to assist them in retaining an appropriate investigator to gather more information and evaluate the information obtained. ii. Prior to a final investigation report being presented to the City Council the accused Councilmember and the Councilmember who filed the complaint shall have 10 days from receipt of a draft report to respond in writing.
iii. The City Council shall resume its deliberations on a complaint at a meeting scheduled after a final investigation report is submitted. d. Censure:
i. Censure is the most severe form of action. Censure is a formal statement of the City Council officially reprimanding one of its members. It is a punitive action, which serves as a penalty, but it carries no fine or suspension of the rights provided by California and Federal law to the member as an elected official. Censure cannot be used to remove a member of the City Council from elected office. ii. In addition to a public reprimand, censure can also include such actions as the disapproval of expense reimbursement requests; de-authorization of attendance at conferences, seminars and other activities at the City’s expense; removal of the member from local liaison or other intergovernmental meeting assignments; removal of a member from the role of Mayor or Mayor Pro Tempore; and other such remedies as may be deemed appropriate by the City Council and are allowed by California law.
iii. Censure may be imposed without an investigation; however, any action taken by the City Council to impose censure shall be taken by written resolution.
SECTION FIVE: HISTORY
Agenda Packet Page 286 of 324
El Cerrito City Council Administrative Policies and Rules of Order & Procedure Resolution No. 2026 Adopted February 3, 2026 Page 37 of 37 November 03, 1997 Adopted, Resolution No. 1997-99
December 01, 2020 Revised, Resolution No. 2020-59
February 3, 2026 Revised, Resolution No. 2026-XX
Agenda Packet Page 287 of 324
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
February 3, 2026
REGULAR CITY COUNCIL MEETING (6:00 PM)
Public Comments (Not on the Agenda and Consent Calendar) Agenda Item No. 8.A. – 2026 State Legislative Platform
Presentation
Agenda Item No. 8.B. – FY 2025-26 Second Quarter General Fund Budget Update through December 31, 2025
1. Presentation
2. Public Comments
Agenda Item No. 8.C. – Award of Construction Contract for the Swim Center Accessible Parking Improvements Project, City Project No. C3050.10 Presentation
Agenda Item No. 8.D. – City Council Policy Subcommittee Report and Recommendations Public Comments
(revised 2/4/2026)
Agenda Packet Page 288 of 324
RECEIVED
AT THE MEETING OF
FEB U J 2028
CITY OF EL CERRITO
CITY CLERK
LINE # 7 BUS PARTY!
February 7, 2026
Meet Your
AC Transit Directors
Harpreet Sandhu
and Jean Walsh!
Catch the # 7 that leaves Dei Norte
at 4 30 pm' Saturday, February 7
anywhere along the route, l,e,,
Barrett & San Pablo 4:34 pm
-*■ Barrett & Tulare
Barret & Carquinez
-* Barrett & Arlington
-* Arlington & Brewster (south) 4:44 pm
-* Arlington & Moeser 4:45 pm
-» Arlington & Coventry 4:49 pm
-> Solano & The Alameda
Shattuck & Allston 5.05 pm
4'36 pm
4:37 pn
4 38 pm
4'55 pm
Join us for a few stops or ride with us
all the way to Yeti Spans Bar
in South Berkeley
● Free refreshments
● Bus bling,
● Door prizes (Must RSVP)
Meet elected officials who make decisions
affecting our favorite bus. RSVP:
or contact Joanna Pace
(510) 860-3696
* THE # 7 SCHEDULE HAS BEEN CHANGED
(AGAIN!) STARTING
SUNDAY. FEBRUARY 1.
BE SURE YOU HAVE THE
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AC Transrt
Agenda Packet Page 289 of 324
Allow sender | Block sender
From: Ira Sharenow
To: City Clerk; Holly Charléty
Cc: William Ktsanes; Gabe Quinto; Lisa Motoyama; Rebecca Saltzman Subject: Public Comment: Items not on the agenda
Date: Saturday, January 31, 2026 7:18:39 AM
Caution! This message was sent from outside your organization.
The council should save the taxpayers $80,000 and hold
the vote to give the council the right to raise taxes for 30+ years in November 2026.
The library was supposed to be built in affordable
housing Parcel C West in El Cerrito Plaza. The city has not even applied for funding for that affordable housing building, Since there is no Parcel C West, there cannot be a library there. Construction of Parcel C West is years away, if it is ever built.
After the signatures were gathered, the city changed the estimated cost for building the library from $21 million to $37 million. That means the 17 cents per square foot
library is not adequate to pay both for the bonds
repayment and for the vast array of operating costs.
El Cerrito’s library consultants recommended 63
dedicated parking spaces for the library, but the current proposal has zero dedicated parking spaces. The city is supposed to create a “parking district” with meters and more ticketing. Setting up the parking district will cost several million dollars. There is no funding to create the parking district. Moreover the city has not had an
adequate discussion with the community. So no plans
and no funding for parking.
General Public Comments
Agenda Packet Page 290 of 324
Over about the last half dozen years, Contra Costa
County library usage has declined more than 20%.
I realize the proposal for an over-sized library is the centerpiece of a grandiose scheme to create a
“downtown” based on a consultant’s vision of 20 years
ago. But the plan lacks details.
Several wealthy city officials and former city officials (salaries over $200,000 per year and likely pensions
over $100,000 per year combined with long time home
ownership, so low property taxes) are promoting the tax measure which will enable the council to raise taxes
every year for 30+ years without further citizen votes. But not everyone in El Cerrito is so well off financially.
The government failed to secure a state library grant of up to $10 million.
The city also failed to build when financing, labor, and construction costs were more favorable.
Given the above, please write a letter to the library
proponents and ask them to withdraw their proposal.
If they fail to do so, then please have a November 2026 vote and save the taxpayers $80,000. I do realize the city is in financial trouble and a June vote would enable the city to start taxing in December 2026, years before a
library could possibly be built.
Ira Sharenow
El Cerrito, CA
Agenda Packet Page 291 of 324
Allow sender | Block sender
From: Michael Coan
To: City Clerk
Cc: William Ktsanes; Gabe Quinto; Lisa Motoyama; Rebecca Saltzman; Carolyn Wysinger Subject: public comments – not on the agenda
Date: Saturday, January 31, 2026 3:26:38 PM
Caution! This message was sent from outside your organization.
I question the timing of the ballot: why is the council considering spending $80,000+ for a June election. A November election is free. The city does not have extra money to spend.
The "Library Tax" is a misnomer. There is NO SITE to build the library. The Parcel C West affordable housing building has not been approved. The proposal has not even been submitted.
The cost for this proposal suddenly jumped from $21 million to $37 million. The proposed tax will not cover this cost. If this proposal passes, does the city council propose to tax the people for 30 or more years? (without a library?)
Why is a 20,000 square foot structure needed? With usage declining, is this 10 year-old proposal correct? Perhaps the needs should be re-assessed.
The solution to this problem of a proposed tax for a phantom library is for the petition proponents to withdraw the ballot measure.
Another solution is for the City Council to campaign for a NO vote.
Thank you
Michael Coan
Agenda Packet Page 292 of 324
From: Cordell Hindler
To: City Clerk
Subject: Public Comments
Date: Monday, February 2, 2026 2:47:26 PM
Caution! This message was sent from outside your organization.
Hello Mayor Quinto, Council Members and Staff,
I am submitting the Following Comments into the Record:
1. for a future Agenda, the Council Should consider revisit of having the Public to Participate Remotely
2. I am Proud of the EL Cerrito Gauchos for winning the State Championship Sincerely
Cordell
Agenda Packet Page 293 of 324
Allow sender | Block sender
From: jhammer
To: City Clerk
Subject: public comments -- not on the agenda
Date: Monday, February 2, 2026 9:01:12 PM
Caution! This message was sent from outside your organization.
City Council Members:
I love our library and use it frequently. The staff there do an amazing job despite the physical limitations of the current building. El Cerrito needs a new library, but I feel the push for a siting at BART Parcel C is misguided. Aside from the lack of planned parking, that area is already a traffic and pedestrian safety nightmare what with BART track pylons, multiple pedestrian crosswalks, the Ohlone Greenway crossing. With the proposed housing and library plan, this situation will only worsen.
I also find the financing/taxation plan for the library confusing and iffy. Apparently, Parcel C hasn’t even been approved yet. And to propose a tax for a new library that doesn’t have a definite location identified or assured is a bit like the cart before the horse.
If a more transparent, and less unstable plan for a new library were put before residents for a vote, I feel “yes” votes would be more likely. But the BART location is not a sure thing, the library would not be on City-owned property, and the BART location is too far south to easily serve all residents of the city. As a friend of mine joked, “It’s so far south it should be called the Albany Public Library.” A library sited more toward the center of El Cerrito would be better and more fair.
Another issue that gives me pause is the spending of an extra $80,000 for an early June vote on this matter. That does not seem fiscally responsible. Instead, it has the appearance of an end run to change the ballot passage rate to 51%. of voters instead of the usual two thirds.
Yes, a new library is a great idea and sorely needed for El Cerrito. Library usage would increase if there were a new library building that addressed the needs of El Cerrito residents better than the small, old building on Stockton.
I believe a better site for the new library is the property at 10936 San Pablo that was purchased by the City for $1.6 million. The City owns that property and the one north of it. A library there would be close to bus routes along the San Pablo Avenue and would add to the “civic hub” with the public buildings nearby (City Hall, Police, Fire).
I’ve heard that the City has a plan for that property to, at some time in the future, create a "Public Safety Complex." However, when funding is available for that, the existing public safety buildings can be extended upward. As the county library best practices for a library are for a single story structure, the former Life in Christ location at 10936 San Pablo, along with the parking lot north of it, would have a large footprint for construction of such a single story structure. That location should be a serious candidate for the new library.
Money is always an issue and some people will always bristle at tax increases, but I feel the residents of El Cerrito would be much more likely to accept taxation for a library plan that is on more solid footing than the present one. We need a library on City-owned property, close to transportation, with parking available, and in a location that is more equidistant north/south.
In addition, once a new library is completed, the existing library building on Stockton could be used as a very nice dedicated Senior Center — an important community amenity that has been missing here for too long — and is just as important as a new and improved library.
I hope you will consider these shared thoughts. Thank you.
Jenny Hammer
El Cerrito resident since 2000
Agenda Packet Page 294 of 324
CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM
City of El Cerrito
2026 Legislative Platform Adoption
February 3, 2026
Dane Hutchings, Founder + CEO, California Public Policy Group Ethan Nagler, Associate Lobbyist, California Public Policy Group CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM
Agenda Item No. 8.A.
Agenda Packet Page 295 of 324
CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM
2025: Year in Review
2025 City of El Cerrito Highlights
• More than 430 individual touchpoints for the City.
• Tracked more than 910 pieces of legislation on behalf of the City and achieved the desired outcome on 62% of the City’s positioned legislation.
• AB 339 (Ortega) Local public employee organizations: notice requirements. • Chaptered
• SB 707 (Durazo) Open meetings: meeting and teleconference requirements. • Chaptered
• SB 63 (Wiener) San Francisco Bay area: local revenue measure: public transit funding. • Status: Chaptered
• Position: Support
• AB 330 (Rogers) Local Prepaid Mobile Telephony Services Collection Act. • Status: Chaptered
• Position: Support
• SB 423 (Gonzalez)—transfer taxes—held.
Agenda Packet Page 296 of 324
CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM
Looking Ahead: 2026
Policy Themes
• Local government revenue, e-bikes, housing and land use, CEQA clean up, election year politics, immigration.
Legislative Update
• 2026-27 budget proposal released on January 9.
• Hundreds of pieces of legislation introduced so far.
• Anticipating 2,000+ more bills introduced before February 20. • Senator Monique Limón (D-Santa Barbara) has assumed office as Senate President Pro Tempore.
El Cerrito State Legislative Delegation
• Senator Jesse Arreguín (D-Berkeley) is new the chair of the Senate Housing Committee and remains chair of the Senate Public Safety Committee and a member of the Senate Local Government Committee. • Assemblymember Buffy Wicks (D-Oakland) remains chair of the Assembly Appropriations Committee and is the chair of the newly formed Select Committee on Housing Construction Innovation.
Agenda Packet Page 297 of 324
CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM
2026 Legislative Platform
CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM
Agenda Packet Page 298 of 324
CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM
Legislative Platform Background
Purpose
• The platform is aligned with the City’s Strategic Plan 2024-2029. • The platform communicates the City’s state policy priorities to the public, the Legislature, and the Administration.
• The platform provides guidance and direction to City staff and state representatives regarding City's state funding and policy priorities.
• No modification of existing legislative platform statements. • 3 proposed additions that reflect legislative trends.
Agenda Packet Page 299 of 324
CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM
Legislative Platform Proposed Statement
Proposed New Language: High-Performing Organization
• “Oppose legislation or ballot measures that would reduce, eliminate, or otherwise limit the City’s authority to levy real estate or documentary transfer taxes.” Agenda Packet Page 300 of 324
CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM
Legislative Platform Proposed Statement
Proposed New Language: Community Safety
• “Support legislation and funding that provides resources, training, and protections for first responders exposed to toxic substances resulting from electric vehicle and lithium-ion battery incidents.”
Agenda Packet Page 301 of 324
CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM
Legislative Platform Proposed Statement
Proposed New Language: Community Safety
• “Support legislation that aligns building codes, fire codes, and product safety standards with the unique fire and explosion risks associated with electric vehicle and lithium-ion battery charging infrastructure.”
Agenda Packet Page 302 of 324
CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM
Questions/Discussion
Thank You!
CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM
Agenda Packet Page 303 of 324
General Fund Update
Q2 Fiscal Year 2025-26
February 3, 2026
Agenda Item No. 8.B.
Agenda Packet Page 304 of 324
Summary
• Compares Q2 performance in
FY 2024-25 versus FY 2025-
26 • City finances are cyclical
• Many revenues received on a
lag
• Some expenditures prepaid and
programs completed early in
year
• Approved uses of one-time
fund balance increased
projected year-end deficit 2
$51.4 $52.3 $53.8 $54.7
$22.4
$26.7
$22.7
$28.4
$0.0
$10.0
$20.0
$30.0
$40.0
$50.0
$60.0
Revenue Expenditures Revenue Expenditures
FY 2024-25 FY 2025-26
(in millions)
Budget
Actual
Agenda Packet Page 305 of 324
Revenues Overview
• Licenses & Permits - trending on
budget but lower than prior FY
• Highly variable in timing of permit
applications
• Fines & Forfeitures - trending above
budget and above prior year due to
higher citation activity
• Use of Money and Property- trending higher due to investment returns from Section 115
• Charges for Services - trending on
budget but lower than prior year
due to changes in permit activity
and lower Recreation program
revenue 3
Amended Budget Q2 YTD
Actuals % of Budget
Taxes $36,865,664 $13,599,614 37% 3%
Licenses & Permits $1,073,280 $830,691 77% -2%
Fines & Forfeitures $130,000 $106,549 82% 30%
Use of Money and Property $830,600 $471,503 57% 70%
Intergovernmental Revenues $5,551,044 $2,662,750 48% -3% Charges for Services $7,550,502 $4,200,961 56% -9%
Other Revenue $747,200 $280,741 38% 61%
Other Financing Sources $1,031,502 $515,751 50% 3%
Totals $53,779,792 $22,668,560 42% 1%
Revenue Classification
FY 2025-26 % Change in
Actuals FY25
to FY26
Agenda Packet Page 306 of 324
Revenues - Taxes
• Taxes are highly cyclical, often
received quarterly or on a lag
• Property taxes received
primarily in Dec, April, and
June
• Sales taxes on 2-3mo lag,
trending as expected
• El Cerrito slightly outperforming
statewide trends
• RPTT trending on budget,
highly volatile and received on
a lag
4 Amended Budget Q2 YTD
Actuals % of Budget
Property Taxes $18,080,310 $6,583,387 36% 6%
Sales Taxes $4,616,381 $1,490,344 32% 0%
Measure R Sales Tax $4,581,000 $1,392,474 30% 0%
Transient Occupancy Taxes $100,000 $31,794 32% -1%
Franchise Fees $1,380,000 $463,906 34% 23%
Business License Taxes $1,206,473 $1,126,281 93% 3%
Property Transfer Taxes $3,200,000 $1,076,936 34% -6%
Utility Users' Taxes $3,700,000 $1,431,785 39% 2%
Other Taxes $1,500 $2,707 180% -
Taxes Totals $36,865,664 $13,599,614 37% 3%
% Change in
Actuals FY25
to FY26
Revenue Classification
FY 2025-26
Agenda Packet Page 307 of 324
Revenues by Department
• Revenues cyclical by
department depending on work
calendar
• Recreation revenues received
earlier for summer programs
• Lower than prior year due to fewer
weeks of summer camp, school
strike, and lower childcare
demand
• Anticipated impact of pool closure
for repairs already included in the
budget
• Permit volume for Public Works
and Community Development
similar to prior year
• Lower fee projects in Community
Development
5 Amended Budget Q2 YTD
Actuals % of Budget
Administration $16,000 $10,605 66% 1%
Community Development 2,621,572 1,676,905 64% -2%
Fire 5,605,111 2,678,617 48% -3%
Non-departmental 38,900,554 14,554,023 37% 5%
Police 188,080 129,955 69% 12%
Public Works 622,117 299,576 48% 24%
Recreation 5,826,358 3,318,879 57% -11%
Totals $53,779,792 $22,668,560 42% 1%
% Change in
Actuals FY25
to FY26
Department
FY 2025-26
Agenda Packet Page 308 of 324
Expenditures Overview
• Personnel - increases year over year due to negotiated COLAs and step/merit increases
• Professional & Technical Services
- cyclical depending on project
timing and temp support needs
• Other Purchased Services - citywide insurance premiums, paid at the beginning of the year,
also Council AV Project
• Property & Capital - trending lower due to purchase timing • Other Financing Uses - transfers
out of the General Fund, including
for large approved capital
projects
6 Amended Budget Q2 YTD
Actuals % of Budget
Personnel $39,641,566 $20,622,222 52% 4%
Purchased Professional &
Technical Services 5,396,155 2,061,273 38% 0%
Purchased Property
Services 2,378,761 1,059,060 45% 11%
Other Purchased Services 4,384,411 3,496,255 80% 19%
Supplies 899,845 316,426 35% -8%
Property & Capital 499,942 67,994 14% -34%
Financing Costs 530,949 186,678 35% 6%
Other Financing Uses 945,035 564,167 60% 49%
Totals $54,676,664 $28,374,075 52% 6%
% Change in
Actuals FY25
to FY26
Expenditure Classification
FY 2025-26
Agenda Packet Page 309 of 324
Expenditures by Department
• Administration increased
due to insurance premiums
and software subscription
costs
• Increase in Police costs
from new bargaining
agreements
• Increase in Non- Departmental expenditures
due to:
• Timing of payments to the
County for additional library
services
• Additional transfers out to
the CIP fund for the Pool
Replastering
7 Amended Budget Q2 YTD
Actuals % of Budget
Administration $8,700,991 $5,463,354 63% 20%
Community Development 4,116,506 1,708,069 41% 2%
Fire 16,147,007 8,518,858 53% 2%
Non-departmental 1,065,674 561,187 53% 42%
Police 15,326,561 7,676,742 50% 5%
Public Works 2,604,358 1,124,585 43% 1%
Recreation 6,715,567 3,321,280 49% 0%
Total $54,676,664 $28,374,075 52% 6%
% Change in
Actuals FY25
to FY26
Department
FY 2025-26
Agenda Packet Page 310 of 324
Budget Amendments
• Amendments approved by the
City Council after budget
adoption
• Includes amendments
approved as of December 31st
• Offset by original projected
surplus of $15,774, increases
use of General Fund balance
by $896,872
8 Department Description Amount
Citywide Incomplete Purchase Orders from FY25 $ 291,695 City Council Audio-Visual System Improvements 317,535
Public Works/
Recreation Pool Replaster 183,300
Fire Local 1230 New MOU 120,116
Total General Fund Expenditure Increases $ 912,646
Agenda Packet Page 311 of 324
Fund Balance
• FY25: $24.3M →
FY26: $22.6M
• Reserves: 22% not incl. Pension
Trust or EDRF
• $2.7M discretionary reserves
projected at year-end for FY26
• Includes anticipated use of
fund balance for pool
renovation
• Council to consider at February 3
meeting
9 FY25 General Fund - Total Fund Balance $ 24,250,508
FY26 Projected Revenue 53,779,792
FY26 Projected Expenditures (54,676,664)
Change in fund balance (1,658,972)
FY 26 Projected Ending Total Fund Balance 22,591,536
Projected unassigned percent as of June 30, 2025 22%
Fund Balance Projection
Agenda Packet Page 312 of 324
Conclusion
• Overall trending similarly to prior fiscal year (FY)
• Approved amendments increasing planned use of fund balance • Staff will come back to Council at February 17th meeting with adjustments for General Fund and some Special
Revenue/Enterprise Funds
10 Agenda Packet Page 313 of 324
Thank you!
11 Agenda Packet Page 314 of 324
Allow sender | Block sender
From: Ira Sharenow
To: City Clerk; Holly Charléty
Cc: William Ktsanes; Gabe Quinto; Lisa Motoyama; Rebecca Saltzman Subject: Public Comment: Item 8B GF Quarterly Update
Date: Tuesday, February 3, 2026 7:16:31 AM
Caution! This message was sent from outside your organization.
I do not share management’s positive opinion of the
general fund reserve amount. I believe that the upcoming tax proposal can completely wipe out the general fund as the debt service coverage ratio is inadequate.
On February 19, 2026, the El Cerrito council is likely to vote to put a tax measure on the June 2, 2026 primary
ballot. The cost will be about $80,000. The alternative is the November 2026 general election ballot. That would
be free.
If the tax passes, this is what will likely happen.
Tax collections will start in December 2026 and the
maximum tax rate will be increased every year.
NO LIBRARY WILL BE BUILT IN PLAZA PARCEL C
WEST, AFFORDABLE HOUSING, BECAUSE THERE IS
NO FUNDING TO BUILD PARCEL C WEST.
If a miracle occurs and funding for the affordable housing project becomes available, the tax proposal is
inadequate to pay for a $37 million bond issuance. In
other words, 17 cents per square foot is inadequate.
Even if the maximum tax rate was much larger, there still Agenda Packet Page 315 of 324
would be a problem in that the language in the petition limits the debt service coverage ratio(DSCR) to 1.15
when the need is to have a DSCR of close to 2.0. An
inadequate DSCR means a much higher interest rate,
and it is possible the bonds would not sell at all.
In other words, there would be a need to put general
fund money at risk.
Please ask library proponents to withdraw their proposal and come back with something that is less damaging to
the general fund.
Ira Sharenow
El Cerrito, CA
Agenda Packet Page 316 of 324
Construction Contract Award for
Swim Center Accessible Parking
Improvements,
City Project No. C3050.10
El Cerrito City Council
February 3, 2026
Agenda Item No. 8.C.
Agenda Packet Page 317 of 324
Proposed Actions
2 Award the construction contract for the Swim Center Accessible Parking Improvements Project, City Project No. C3050.10 (Project) to GradeTech Inc.
Award
Authorize the City Manager to execute a contract in the amount of $662,090.28 and to approve potential change orders in an amount not to exceed $100,000
Authorize
Appropriate a one-time allocation from the General Fund in the Appropriate amount of $762,100 Agenda Packet Page 318 of 324
Background Swim Center Improvements
City Council Overview
• To address failures and required upgrades
• Presented on August 19 and October 21, 2025
• Approved Emery G. Weed III Lap Pool Replaster and
Parking Lot ADA & Related Items ($2,311,000)
Phased Implementation of Approved Projects
• Replastering
• December 2, 2025: Award
• Construction In Progress: January to March
• Parking Lot ADA & Related Improvements (Current Project) • February 3, 2026: Award
• Construction: February to June
3 Agenda Packet Page 319 of 324
Project Scope
• Reconstruction of existing
accessible parking
spaces and paths of
travel to entrances and
Moeser Lane
• Reconstruction of existing
landscaping planters with
required stormwater
treatment facilities
• Installation of Electric
Vehicle charging
infrastructure and stations
• Parking Lot Pavement
Rehabilitation
4 Agenda Packet Page 320 of 324
5 Bid Summary
12 Bids Received by Bid Opening
date and time, January 14, 2026,
2 p.m.
GradeTech Inc.
Apparent low bidder at Bid
Opening
Well below Engineer’s Estimate
likely due to strong competition
and favorable market
conditions
Lowest responsive and
responsible bidder
One Bidder, BuildCorp Inc., found
to be non-responsive
Bidder Base Bid Total
Additive
Alternate 1
Rehab
Pavement
Additive
Alternate 2
Reroute
Electrical
Conduit
Engineer’s
Estimate $913,654.00 $58,750.00 $25,000.00
GradeTech
Livermore, CA $551,090.28 $81,000.00 $30,000.00
Agenda Packet Page 321 of 324
Funding for
Approved
Swim Center
Improvements:
Lap Pool Replaster
plus Accessible
Parking Lot & Related
Improvements
6 Cost Estimate for Approved Projects
Original Estimate (August 2025) $2,311,131
Current Estimate (January 2026) $1,645,355
Difference/Savings -$665,776
Requested Budget Appropriation
Current Estimate $1,645,355
Previously Approved Funding $883,300
Funding Currently Needed $762,100
Agenda Packet Page 322 of 324
Questions?
Agenda Packet Page 323 of 324
Allow sender | Block sender
From: Ira Sharenow
To: City Clerk; Holly Charléty; William Ktsanes; Lisa Motoyama; Gabe Quinto; Rebecca Saltzman Subject: Public Comment 8D: Subcommittee
Date: Thursday, January 29, 2026 6:16:59 PM
Caution! This message was sent from outside your organization.
I ask that council members stop attacking community
members who publish in social media as we are
providing the data and the insights that are not readily available in official city documents.
A. CITY COUNCIL CODE OF CONDUCT
“Refrain from abusive conduct, personal charges or
verbal attacks upon the character, motives, ethics or
morals of … MEMBERS OF THE PUBLIC.”
Ira Sharenow
El Cerrito, CA
Agenda Item No. 8.D.
Agenda Packet Page 324 of 324