Mayor Councilmembers
Gabe Quinto William Ktsanes
Mayor Pro Tem Lisa Motoyama
Rebecca Saltzman AGENDA Carolyn Wysinger
This information can be interpreted for you free of charge. Visit City Hall at 10890 San Pablo Ave., El Cerrito, CA 94530 or learn more at www.elcerrito.gov/LanguageAccess
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TUESDAY, MAY 5, 2026
REGULAR CITY COUNCIL MEETING (6:00 PM)
Council Chambers - 10890 San Pablo Ave, El Cerrito
Join Via Zoom:
https://us06web.zoom.us/j/86500776827?pwd=ek9VfYyuQasdNbrBmTlSpnUyvzzOOC.1 Meeting ID: 865 0077 6827 Passcode: 893726 Dial in: 1-408-638-0968 View:
1. Cable T.V. Broadcast on KCRT Channel 28
2. Livestream Online at www.elcerrito.gov/CouncilMeetingMaterials Public Comments:
1. In-person, by submitting a request to speak to the City Clerk.
2. Via Zoom, using the "Raise Hand" feature to request to speak.
3. By phone, dialing *9 to "raise your hand", and *6 to unmute.
4. Online, using the "Submit Comments" feature on the meeting event.
5. Via email to [email protected] indicating Public Comments – Agenda Item #.
Written comments received by 2:00 PM the day of the meeting will be provided to the City Council and posted online in advance of the meeting. Comments received after the deadline will be provided to the City Council and posted after the meeting.
Accommodations: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at 510- 215-4305. Notification 48 hours prior to the meeting will enable the City to make reasonable accommodations. Closed Captions are available via zoom.
Conduct: This meeting is held pursuant to City Council Rules of Order and Procedure.
Agenda Packet Page 1 of 528
Mayor Councilmembers
Gabe Quinto William Ktsanes
Mayor Pro Tem Lisa Motoyama
Rebecca Saltzman AGENDA Carolyn Wysinger
6:00 PM ROLL CALL – CONVENE REGULAR CITY COUNCIL MEETING
1. PLEDGE OF ALLEGIANCE TO THE FLAG OR OBSERVATION OF A
MOMENT OF SILENCE
2. TELECONFERENCE AND PUBLIC COMMENT INSTRUCTIONS
3. COUNCIL/STAFF COMMUNICATIONS
Reports of closed session, commission appointments and informational reports on matters of general interest which are announced by the City Council and staff.
4. FIRST PUBLIC HEARING ON TRANSITION TO DISTRICT-BASED
ELECTIONS
The set start time of this public hearing is 6:15 PM. Notice was published on 4/25/2026.
Action Proposed: Conduct the first public hearing regarding transition to District-Based Elections for City Councilmembers, including sequencing of the election and consideration of the composition of the districts in accordance with Election Code section 10010; and providing direction on number of districts and method of election for Mayor.
Contact: Sky Woodruff, City Attorney; Holly M. Charléty, City Clerk, City Management
5. ORAL COMMUNICATIONS FROM THE PUBLIC
Remarks are typically limited to 3 minutes per person. The Mayor may reduce the time limit per speaker depending upon the number of speakers and may limit the total time for public comment to facilitate the completion of business on the agenda. Comments regarding non-agenda, presentation and consent calendar items will be heard first.
Comments related to items appearing on the Public Hearing or Policy Matter portions of the Agenda will be heard prior to the City Council taking action on each item.
6. PRESENTATIONS
7. ADOPTION OF THE CONSENT CALENDAR
All items on the consent calendar shall be acted upon in one motion, unless a member of the City Council or staff request separate consideration.
A. National Public Works Week Proclamation
Action Proposed: Approve a proclamation recognizing May 17-23, 2026 as National Public Works Week in El Cerrito.
Agenda Packet Page 2 of 528
Mayor Councilmembers
Gabe Quinto William Ktsanes
Mayor Pro Tem Lisa Motoyama
Rebecca Saltzman AGENDA Carolyn Wysinger
Contact: A'shanti Coleman, Management Assistant; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
B. Affordable Housing Month Proclamation
Action Proposed: Approve a proclamation recognizing May as Affordable Housing Month in the City of El Cerrito.
Contact: Aissia Ashoori, Housing-Economic Development Manager, Community Development Department
C. Jewish American Heritage Month Proclamation
Action Proposed: Approve a proclamation declaring the Month of May 2026 as Jewish American Heritage Month in the City of El Cerrito.
Contact: Shannon Bassi, Human Resources Manager, City Management D. Asian American, Native Hawaiian, and Pacific Islander Heritage Month Proclamation
Action Proposed: Approve a proclamation declaring the Month of May 2026 as Asian American, Native Hawaiian, and Pacific Islander Heritage Month in the City of El Cerrito.
Contact: Shannon Bassi, Human Resources Manager, City Management E. Bike to Wherever Day Proclamation
Action Proposed: Adopt a Proclamation Recognizing Thursday, May 14, 2026 as Bike to Wherever Day in the City of El Cerrito.
Contact: Jennifer Bright, Management Assistant, Community Development Department
F. Environmental Quality Committee Appointment Recommendation Action Proposed: Approve an Environmental Quality Committee recommendation to appoint Mordecai Stayton to the Environmental Quality Committee, effective May 5, 2026.
Contact: Christina Leard, Acting Senior Management Analyst; Public Works Department
Agenda Packet Page 3 of 528
Mayor Councilmembers
Gabe Quinto William Ktsanes
Mayor Pro Tem Lisa Motoyama
Rebecca Saltzman AGENDA Carolyn Wysinger
G. FY 2025-26 Third Quarter General Fund Budget Update through March 31, 2026
Action Proposed: Receive and file an update on City General Fund revenues and expenses for FY 2025-26 through March 31, 2026.
Contact: Claire Coleman, Budget and Financial Services Manager; Crystal Reams, Finance Director/City Treasurer, Finance Department
8. PUBLIC HEARINGS
A. Public Hearing to Confirm the Diagram and to Levy the Assessment for Fiscal Year 2026-27 for Landscape and Lighting Assessment District No. 1988-1
Notice Published 4/25/2026
Action Proposed: Conduct a public hearing, and upon conclusion, adopt a resolution setting the annual Landscape and Lighting Assessment for Fiscal Year (FY) 2026-27 as $72 per single-family residential parcel, and as noted in the Engineer’s Report for other classes of properties.
Contact: Crystal Reams, Finance Director/City Treasurer, Finance Department; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
B. Public Hearing regarding Fiscal Year 2026-27 Storm Drain Annual Report and method of collecting storm drain fees
Notice Published 4/25/26 & 5/01/26; 2/3 vote required to pass Action Proposed: Conduct a public hearing and upon conclusion adopt a resolution approving the Fiscal Year 2026-27 Storm Drain Annual Report and directing that Storm Drain Fees be collected on the property tax rolls.
Contact: Crystal Reams, Finance Director/Treasurer, Finance Department; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
9. POLICY MATTERS
A. Fiscal Year 2026-27 and Fiscal Year 2027-28 Biennial Budget Study Session #2
Agenda Packet Page 4 of 528
Mayor Councilmembers
Gabe Quinto William Ktsanes
Mayor Pro Tem Lisa Motoyama
Rebecca Saltzman AGENDA Carolyn Wysinger
Action Proposed: Conduct a study session on the Biennial Budget for Fiscal Years 2026-27 and 2027-28, including:
• Review of budget process and Target Based Budgeting approach • Review proposed budget balancing scenarios and possible onetime expenditures • Direct staff on preferred scenario for budget development Contact: Claire Coleman, Budget/Financial Services Manager; Crystal Reams, Finance Director/City Treasurer, Finance Department B. Flock Safety Agreement
Action Proposed: Adopt a resolution authorizing the City Manager to enter into an agreement with Flock Safety for the provision of license plate reading cameras to the City for a period of up to three years at a cost not to exceed $315,000.
Contact: Paul Keith, Chief of Police, El Cerrito Police Department
10. CITY COUNCIL LOCAL & REGIONAL LIAISON ASSIGNMENTS
Mayor and City Council communications regarding local and regional liaison assignments, committee reports, and any required reporting under AB 1234 for meetings (as defined by the Brown Act) attended at the public's expense.
11. ADJOURN REGULAR CITY COUNCIL MEETING
The next regularly scheduled City Council meeting is Tuesday, May 19, 2026 at 6:00 p.m.
The City of El Cerrito serves our diverse community by providing exceptional services that create a safe and resilient future for all.
Agenda Packet Page 5 of 528
AGENDA BILL
Agenda Item No. 4.
Date: May 5, 2026
To: El Cerrito City Council
From: Sky Woodruff, City Attorney; Holly M. Charléty, City Clerk, City Management
Subject: First Public Hearing on Transition to District-Based Elections
ACTION PROPOSED
Conduct the first public hearing regarding transition to District-Based Elections for City Councilmembers, including sequencing of the election and consideration of the composition of the districts in accordance with Election Code section 10010; and providing direction on number of districts and method of election for Mayor.
BACKGROUND
On April 21, 2026, the City Council adopted Resolution 2026-24 declaring its intention to transition to a district-based system for electing members of the El Cerrito City Council.
This action was taken in response to the March 17, 2026 letter received from Rexroad Law alleging that the City's at-large election system violates the California Voting Rights Act ("CVRA") and threatening litigation if the City declined to voluntarily change to a district-based election.
Although the City denies its at-large election system violates the CVRA or any other provision of law, the City Council has determined that the public interest would best be served by transitioning to a district-based electoral system due to (1) the high cost to defend against a CVRA lawsuit, (2) the risk of losing such a lawsuit, which would require the City to pay the prevailing plaintiffs' attorneys' fees, and (3) the availability of changing to district elections under the safe harbor provision.
The City Council, an elected legislative body serving the residents of El Cerrito, is currently elected in an at-large election system, where each of the five Councilmembers are elected by registered voters of the entire city, regardless of residence, as opposed to a district-based election system, where each Councilmember must reside in a specific district within the City, and is voted on only by voters within that district.
California Elections Code section 10010 provides a process whereby a jurisdiction can expeditiously change to a district-based election system and avoid the high cost of litigation under the CVRA. Under this process, a jurisdiction can limit the amount of its liability to prospective plaintiffs and their attorneys (the "safe harbor provision"), and avoid litigation so long as the jurisdiction completes the process within 90 days of the adoption of the resolution of intention. While the CVRA allows for extensions to this timeframe with agreement of the potential plaintiff, the City was unable to obtain an agreement for extensions.
Agenda Packet Page 6 of 528
Agenda Item No. 4.
Transition Process under the Safe Harbor Provision
California Elections Code section 10010 requires that a jurisdiction changing to districtbased elections under the safe harbor provision do all of the following within 90 days from the date the legislative body adopts a resolution of intent to transition to districtbased elections:
• Before drawing a draft map or maps of the proposed boundaries of the districts, hold at least two public hearings over a period of no more than 30 days, at which the public is invited to provide input regarding the composition of the districts. • After all draft maps are drawn, published, and made available, release at least one draft map and, if members of the governing body of the political subdivision will be elected in their districts at different times to provide for staggered terms of office, the potential sequence of the elections.
• Hold at least two additional hearings over a period of no more than 45 days, at which the public is invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections.
o The first version of a draft map shall be published at least seven days before consideration at a hearing. If a draft map is revised at or following a hearing, it shall be published and made available to the public for at least seven days before being adopted.
• Adopt an ordinance establishing district-based elections pursuant to Elections Code section 10010(a)
Public Hearing Schedule
The proposed Public Hearing schedule includes tentative dates to hold community workshops, public hearings, and other relevant actions required under the safe harbor provisions. This tentative schedule was developed to be as transparent and informative as possible given the 90-day restriction to complete the process. Should the potential plaintiff decide to negotiate terms of an agreement to extend the period of time for this transition, a revised schedule would be brought back to the City Council at a future date. • May 5, 2026: 1st Public Hearing
o Public input on district composition and communities of interest, No maps drawn. Council to consider number of districts and method of election for Mayor
• May 12, 2026: 1st Community Workshop
o Interactive workshop to assist the public in either drawing draft maps or submitting their communities of interest
• May 19, 2026: 2nd Public Hearing
o Public input on district composition and communities of interest, No maps drawn
• June 2, 2026 Draft Maps Published with potential sequence of elections • June 3, 2026: 2nd Community Workshop
o Interactive workshop to assist the public in either drawing their communities of interest or drawing draft maps, or proposing modifications to draft maps submitted
Agenda Packet Page 7 of 528
Agenda Item No. 4.
• June 9, 2026: 3rd Public Hearing
o Presentation and public input on draft maps
• June 16, 2026: 4th Public Hearing
o Additional public input on draft maps, Council to select final map • July 7, 2026: 5th Public Hearing
o Approve final map and Ordinance to change to District-Based Elections • July 21, 2026: Adopt the Ordinance to change to District-Based Elections Completed Actions to Date
• April 21, 2026: Adopted Resolution of Intent to Transition to Districts
ANALYSIS
In order to provide tools for community input, and to draw preliminary maps based on community and City Council feedback, the City Attorney has retained Redistricting Partners, LLC, a demographer who serves as an expert in analyzing census data to ensure that the final district map adopted by the City Council is a balance of population, maintaining communities of interest, and ensuring racial/ethnic minorities are represented.
During this first public hearing, the City’s demographer will make a presentation on the CVRA and the transition process for preparing district boundaries. The intention of this hearing is to identify the neighborhoods or "communities of interest" within the City, as well as other local factors that should be considered by Redistricting Partners when drawing draft maps. The public will be invited to ask questions about the process and to provide input on communities of interest in the City. This will allow the demographer to better understand the City and allow the drawing of maps based on sound demographic and legal principles. The public is welcome to propose complete district maps.
The public is also invited to provide input as to whether the City should continue the process of the City Council annually selecting a Mayor from among its members and adopt a map with 5 districts, or shift to a directly elected Mayor with 4 districts. If the City were to decide to shift to a directly elected Mayor with 4 districts, the Council will also be asked to consider whether to adopt a 2 or 4 year term. This hearing will identify and highlight resources available to the public on the City's website related to the transition to district-based elections. At the end of the first public hearing, the City Council will be asked to provide direction on the number of districts and method of election for Mayor.
It should be noted that, while the City Council does not necessarily need to decide whether it prefers 4 or 5 districts until it adopts the final map, in order to reduce the complexity of decisions before the Council (and especially in the context of the tight timelines before the City) the City Council will be asked to provide direction on the number of districts and method of election for Mayor at the end of the first public hearing. This is because after the first public hearing, a mapping tool will be made available to the public in which they will be able to submit their suggestions for potential district maps.
Agenda Packet Page 8 of 528
Agenda Item No. 4.
If the City Council waits until after the first public hearing to decide whether to pursue a 4 district vs. 5 district map, then the City’s demographer, the Council, and the public will be considering two sets of maps simultaneously – one set of potential maps for 4 districts and another set of potential maps for 5 districts. Given that the City is already working within a very tight timeframe, delaying a decision on the number of districts would risk adding additional complexity to the public outreach being conducted as well as future decision-making processes. As a separate but related matter, should the Council decide to shift to a directly elected Mayor with 4 districts, the Council may make the decision regarding the length of the terms (2-year vs. 4-year) at the time of the approval of the ordinance, as this decision will have no impact on the mapping process.
Another issue to note is that transitioning to a system with a directly elected Mayor would not change the powers of the Mayor. The Mayor would still be a voting member of the City Council but would not have additional executive powers. The Mayoral role itself would remain largely ceremonial.
The format for the second hearing will be the same. At the end of the second public hearing with full consideration of the input offered by the public, the City Council will provide direction to City staff and the City’s demographer regarding the criteria to be considered, consistent with the required legal parameters, to create proposed district maps.
District Formation Criteria
In creating the district boundaries, the City must ensure compliance with the following criteria mandated by the CVRA and the Federal Voting Rights Act:
• Each district must contain a nearly equal population. • The districting plan must be drawn in a manner that complies with the Federal Voting Rights Act and the Equal Protection Clause of the U.S. Constitution; and, • The districts must not be drawn with race as the predominant factor.
Additionally, Election Code section 21130 requires cities to adopt districts using the following criteria to the extent practicable, which are set forth in order of priority:
• Districts shall be geographically contiguous.
• To the extent practicable, the geographic integrity of any local neighborhood or local community of interest must be respected and maintained. A “community of Interest” is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation.
• District boundaries should be easily identifiable and understandable. To the extent practicable, districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the jurisdiction.
Agenda Packet Page 9 of 528
Agenda Item No. 4.
• To the extent practicable, and where it does not conflict with the preceding criteria, districts shall be drawn to encourage geographical compactness.The City's demographer will present maps that comply with these criteria.
Number of Districts and Nature of Mayor’s Election
As mentioned above, the City Council will provide direction to staff and consultants on the number of districts to be created, ideally early in the process of transitioning to district-based elections. The City currently has five City Councilmembers elected to four-year staggered terms and a Mayor that is elected annually from among its members to serve. The City Council will provide direction as to whether to maintain this system, or switch to one where there are four districts with a directly elected Mayor. If the City Council decides to switch to a system where there are four districts with a directly elected Mayor, the City Council will also provide direction regarding whether the terms should be 2 years or 4 years. Timing-wise, such direction may be provided prior to adoption of the ordinance.
Public Outreach
In addition to the formal public hearing process, the City is implementing a robust effort to encourage participation and inclusivity as a part of the districting process, including:
• Hosting a dedicated page for districting on the City’s website at www.elcerrito.gov/districts, which includes information on the districting process, how to provide public input, upcoming public hearings and community events, documents and details of past actions, draft maps and community input submissions.
• Utilizing an interactive online tool for community members to easily submit input on communities of interest and potential district boundaries, in addition to providing paper-based options for submitting feedback.
• Holding community workshops to assist the public in drawing potential district boundaries and conveying their feedback, with two initial workshops tentatively scheduled for May 12, 2026 and June 3, 2026.
• Conducting in-person outreach around the community, including on Bike to Wherever Day (May 14, 2026), at the Community Center (June 10, 2026), and at the annual City of El Cerrito/worldOne July 4th Festival (July 4, 2026). • Translating key outreach collateral and documents, including frequently asked questions and instructions for how to provide input, into Spanish and Chinese (Simplified), the two most commonly spoken languages in El Cerrito other than English.
• Using a variety of public communication channels to engage members of the community and solicit feedback throughout the development of potential maps and the transition to district-based elections, including social media, enewsletters, and other City outreach channels.
Agenda Packet Page 10 of 528
Agenda Item No. 4.
STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal(s) of:
• High Performing Organization; and
• Livability and Belonging.
ENVIRONMENTAL CONSIDERATIONS
This section is not applicable to this agenda item.
FINANCIAL CONSIDERATIONS
There are no financial considerations or action required for this hearing. Costs associated with holding the hearing are covered under the funds appropriated by the City Council to complete the transition process.
LEGAL CONSIDERATIONS
The City Attorney has reviewed and approved all actions are in compliance with applicable regulatory requirements.
Reviewed by:
Karen Pinkos, City Manager
Attachments:
1. Presentation
Agenda Packet Page 11 of 528
Districting 101
May 5, 2026
Agenda Packet Page 12 of 528
Agenda
Things we will cover:
• The California Voting Rights Act (CVRA)
• What is Districting/Redistricting
• What is the Voting Rights Act
• What is Gerrymandering
• Required Districting/Redistricting Criteria
• The Mechanics of Districting
• El Cerrito’s Census Data
• Public Hearing Schedule
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What is the CVRA?
The California Voting Rights Act is a state law that
prohibits the use of At Large Election Systems in local government if there is Racially Polarized Voting.
“At Large” is defined as anything other than a system in which an elected official lives in a district, and is only elected by members of that district. Does not include “multi-member” districts. “Racially Polarized Voting” is defined as differences in voting patterns which can be shown to be correlated to race, religion, national origin, or membership in any other protected class. 3 Agenda Packet Page 14 of 528
What is the CVRA?
The California Voting Rights Act takes the principles of the Federal Voting Rights Act and expands it regarding
districted elections in two keyways:
While Federal law uses “majority minority” districts as a standard for vulnerability, the CVRA only requires “ability to influence.” The CVRA requires that plaintiffs get full reimbursement for legal fees associated with any successful challenge. These can be lessened or eliminated if the district follows a strict and prompt process for districting.
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What is Districting
Definition
Districting is the initial process of creating election district boundaries.
These boundaries determine:
• Eligibility to run for office – must live within boundaries to qualify for election.
• Who votes in the election – only voters within the election district.
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What is Districting
Definition
Districting is the initial process of creating election district boundaries.
These boundaries do not determine:
• How the City decides to govern. The City Council can still work to achieve goals that benefit the district as a whole rather than the interests of any single district.
• How services or relationships between the City and the public are managed.
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What is Redistricting?
Redistricting is at its core the act of equalizing population among districts. After a city districts, this occurs every ten years following the release of the decennial US Census
datasets.
This is important in order to meet two requirements - one constitutional, one from Supreme Court precedent:
- Equal Representation (14th Amendment) - how effective any resident can be at advocating for themselves or being represented within a jurisdiction.
- One Person One Vote - equal ability to elect a candidate of choice. 7 Agenda Packet Page 18 of 528
What is the Voting Rights Act?
The Voting Rights Act is federal law that seeks to remedy racial disenfranchisement. It has two sections impacting redistricting:
Section 2 – Majority Minority Districts
Section 5 – Preclearance (inactive)
The California Voting Rights Act prohibits the use of At Large Election Systems in local government if there is
Racially Polarized Voting.
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What is Gerrymandering
The Gerrymander
The term Gerrymander came
from a cartoon depicting a
rather serpentine looking district
created by Governor Elbridge Gerry
in Massachusetts.
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What is Gerrymandering
How does gerrymandering work?
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What is Gerrymandering
How does gerrymandering work?
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What is Gerrymandering
How does gerrymandering work?
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What is Gerrymandering
Types of Gerrymanders
The two primary types of gerrymanders are
Partisan and Racial, but there are more.
Partisan Gerrymandering – current Supreme Court
has determined these non-justiciable but some state
and local laws have stepped in to ban them.
Racial Gerrymandering – courts have repeatedly
found these to be unlawful, but rules are shifting.
Incumbent Gerrymandering – common in any
redistricting conducted by the agency itself.
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Required Redistricting Criteria
There are a number of criteria that are required under the FAIR MAPS Act (ranked):
• Relatively equal size - people, not citizens
• Contiguous – districts should not hop/jump
• Maintain “communities of interest”
• Easily identifiable and understandable lines,
following natural and man-made boundaries
• Keep districts compact – appearance/function
Traditional redistricting principles used throughout the country and written into state law
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Equal Population
Utilizing the US Census Decennial File
What is “equal” population has been a
key subject in districting litigation.
• Population Equality is based on
“People” not citizens or voters or
other metrics.
• 10% deviation presumed equal.
Other agencies / states have
different plan deviation
requirements. 15
Agenda Packet Page 26 of 528
Required Redistricting Criteria
There are a number of criteria that are required under the FAIR MAPS Act (ranked):
• Relatively equal size - people, not citizens
• Contiguous – districts should not hop/jump
• Maintain “communities of interest”
• Easily identifiable and understandable lines,
following natural and man-made boundaries
• Keep districts compact – appearance/function
Traditional redistricting principles used throughout the country and written into state law
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Contiguity
Two definitions for what is contiguous
Contiguity should be thought of as
“literal” and “functional.”
• An area that is one whole
piece is “literally contiguous.”
• An area that represents
how the population functions
or how people are connected
is “functionally contiguous.”
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Contiguity
Determining what is “contiguous”
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Contiguity
Determining what is “contiguity”
Railroad tracks act as a barrier,
physically separating the city
with only three thoroughfares
between District 5 and the rest
of the city. 19
Agenda Packet Page 30 of 528
Required Redistricting Criteria
There are a number of criteria that are required under the FAIR MAPS Act (ranked):
• Relatively equal size - people, not citizens
• Contiguous – districts should not hop/jump
• Maintain “communities of interest”
• Easily identifiable and understandable lines,
following natural and man-made boundaries
• Keep districts compact – appearance/function
Traditional redistricting principles used throughout the country and written into state law
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Communities of Interest
Communities of interest are the building blocks of election-districts.
A community of interest includes ethnic and language minorities and other groups.
• Subjective
• Open-ended to be as inclusive as possible
Examples of Voting Rights Act Communities
• Latinos
• Asians
• African Americans
Bringing like people together for representation
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Required Redistricting Criteria
There are a number of criteria that are required under the FAIR MAPS Act (ranked):
• Relatively equal size - people, not citizens
• Contiguous – districts should not hop/jump
• Maintain “communities of interest”
• Easily identifiable and understandable lines,
following natural and man-made boundaries
• Keep districts compact – appearance/function
Traditional redistricting principles used throughout the country and written into state law
22 Agenda Packet Page 33 of 528
Required Redistricting Criteria
There are a number of criteria that are required under the FAIR MAPS Act (ranked):
• Relatively equal size - people, not citizens
• Contiguous – districts should not hop/jump
• Maintain “communities of interest”
• Easily identifiable and understandable lines,
following natural and man-made boundaries
• Keep districts compact – appearance/function
Traditional redistricting principles used throughout the country and written into state law
23 Agenda Packet Page 34 of 528
Compactness
Determining what is “compact”
The measure of compactness can get
complicated.
• Ratio of the circumference of
a district and the area of a district.
• Measuring the number of distinct
straight lines and the number of
kinks and bends.
• Simply outlawing funny shapes.
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Compactness
Determining what is “compact”
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Compactness
Determining what is “compact”
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The FAIR MAPS Act adds more criteria to the process.
• Not consider Incumbents / Candidates.
• Not draw districts to advantage or disadvantage a political party.
• Hold minimum set of hearings, encourage public engagement. • Posting of all districting/redistricting information on a website that is maintained for the next 10 years.
Additional Redistricting Rules
Criteria required beyond Traditional Principles
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The Mechanics of Redistricting
Census Data
Census Files come in two parts:
Geography – the underlying framework of the data
Data – the counts of population and demographics
And they can convey different information:
Point in Time – Decennial Census
Multi-year Averages – Trends/Estimates
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The Mechanics of Redistricting
Census Data
The Geography is called the
TIGER Files
- Topologically Integrated Geographic
Encoding and Referencing
- Nested geographic units
• Block
• Block Group
• Tract
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The Mechanics of Redistricting
Census Data
Census Blocks Census Block Groups Census Tracts
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The mechanics of Redistricting
Census Data
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The mechanics of Redistricting
Census Data
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The mechanics of Redistricting
Census Data
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The Mechanics of Redistricting
Census Data
Two different datasets most commonly used in
redistricting:
- PL 94-171 - the Decennial Census File
- Census Block Geography
- Total Population Counts for April 1, 2020, used to determine the size of each district
- Even though we are now in 2026, we are still required to use this dataset to balance the districts. 34
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The Mechanics of Redistricting
Census Data
The census data file the city is required to use will be slightly different:
- Statewide Prisoner Reallocation
- California Statewide Database | UC Berkeley – adjusted population removing state prison population and reallocating them based on where they lived prior to being incarcerated. - This allows a more equitable redistricting.
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The Mechanics of Redistricting
Census Data
Two different datasets most commonly used in
redistricting:
- American Community Survey (ACS)
- Census Block Group and Census Tract or larger geographies - Results in estimated data that provides more context to the Census results with demographic and socioeconomic info. - Provides Citizen Voting Age Population (CVAP)
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City of El Cerrito
First two public hearings devoted to community of interest testimony gathering and education on districting process Public Hearing Schedule
May 5, 2026 First public hearing
May 19, 2025 Second public hearing
June 9, 2026 Third public hearing (first maps hearing)
June 16, 2026 Fourth public hearing
July 7, 2026 Fifth public hearing (vote on maps)
39 Agenda Packet Page 50 of 528
Districting 101
May 5, 2026
Agenda Packet Page 51 of 528
Agenda Item No. 7.A.
EL CERRITO CITY COUNCIL PROCLAMATION
Designating May 17 through 23, 2026 as National Public Works Week in the City of El Cerrito
WHEREAS, Public Works personnel focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, safety, and quality of life of the people of El Cerrito; and
WHEREAS, Public Works personnel of the City of El Cerrito are involved in the maintenance, planning, design, and construction of streets, multimodal transportation facilities, parks, playfields, open space, creeks, paths, storm drains, stormwater treatment, public buildings; operations of recycling, solid waste and environmental programs and facilities; right-of-way management; and emergency planning; and
WHEREAS, El Cerrito Public Works personnel are first responders during emergencies, such as flooding and severe weather events, and provide key support to emergency response partners, help protect essential services, and restore those services following an emergency; and WHEREAS, it is in the public interest for El Cerrito community members, including civic leaders and children, to gain knowledge of and to maintain a progressive interest and understanding of the importance of Public Works infrastructure and services in our city; and WHEREAS, the year 2026 marks the 66th annual National Public Works Week sponsored by the American Public Works Association; and
WHEREAS, the 2026 National Public Works Week theme is “Rooted in Service, Powered by Community”, recognizing the dedication of public works personnel whose visible and behind the scenes efforts are essential to supporting and strengthening the community.
NOW THEREFORE, the City Council of the City of El Cerrito does hereby proclaim the week of May 17 through 23, 2026 as “National Public Works Week” in the City of El Cerrito and encourages all residents, businesses, and community organizations to recognize the substantial contributions Public Works personnel make to protect our health, safety, and quality of life.
Dated: May 5, 2026
___________________________
Gabe Quinto, Mayor
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Agenda Item No. 7.B.
EL CERRITO CITY COUNCIL PROCLAMATION
Recognizing May as Affordable Housing Month in the City of El Cerrito WHEREAS, quality affordable homes are vital to healthy, safe, and racially just communities; and
WHEREAS, after 42 years, East Bay Housing Organizations proudly continues to champion affordable housing in the East Bay, fostering a racially and economically just community for all; and
WHEREAS, stable affordable homes are the solution to homelessness, and support seniors, families, youth, veterans, immigrants, people with disabilities, and our whole community; and
WHEREAS, for two years in a row both the President and the Governor of California have proposed budgets that dramatically cut funding for affordable housing which, if actualized would reduce federal affordable housing assistance by 44%; and WHEREAS, a $10 billion statewide bond has been proposed to fund the construction of these affordable homes; and
WHEREAS, across California there are over 39,000 affordable homes ready to be built but lacking the financing to begin construction; and WHEREAS, in 2025 the Transit-Oriented Development at El Cerrito Plaza BART Station began construction on Phase I that will provide 70 new affordable homes in 2027; and
WHEREAS, in 2026 Elora Apartments, located at 11690 San Pablo Avenue, completed construction of 69 new affordable homes; and
WHEREAS, the El Cerrito Affordable Housing Strategy, Housing Element and San Pablo Avenue Specific Plan provide policy tools/actions that support the City’s Prohousing Designation by providing affordable housing; and WHEREAS, our housing affordability crisis is a regional issue requiring regional solutions and cooperation between local jurisdictions through the Bay Area Housing Finance Authority; and
WHEREAS, May is recognized as Affordable Housing Month across the Bay Area in joint acknowledgement of the coordinated, regional work necessary to ensure that everyone has an affordable and stable home.
NOW THEREFORE, the City Council of the City of El Cerrito does hereby proclaim May as Affordable Housing Month in El Cerrito and encourages residents to participate in Affordable Housing Month activities listed at www.ebho.org.
Dated: May 5, 2026
___________________________
Gabe Quinto, Mayor
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Agenda Item No. 7.C.
EL CERRITO CITY COUNCIL PROCLAMATION
Recognizing May as Jewish American Heritage Month
WHEREAS, Jewish Americans have been an important part of the American story and have greatly contributed to all areas of American life and culture since our nation’s earliest days; and
WHEREAS, on April 20, 2006, the Federal Government proclaimed May as Jewish American Heritage Month, stating, “As a nation of immigrants, the United States is better and stronger because Jewish people from all over the world have chosen to become American citizens,” and, since then, proclamations in support of Jewish American Heritage Month have been made by Presidents of the United States annually; and WHEREAS, generations of Jews have fled to the United States in search of a better life for themselves and their families, and these immigrants made invaluable contributions in support of equality and civil rights through their leadership and achievements; and
WHEREAS, as of early 2026, the San Francisco Bay Area holds the nation’s fourth-largest Jewish population at approximately 350,000 individuals (including those in households with Jewish members), making up roughly 4% of the region's total population; and
WHEREAS, Jewish Americans are racially, ethnically, socially, politically, and economically diverse, and around 25 percent of Bay Area Jewish households include a person of color, increasing to nearly 66 percent of among those 35 and younger. One in ten households also includes an LGBT individual; and
WHEREAS, Jewish Americans are facing an alarming rise in antisemitic incidents—a reported 344 percent increase over the past five years by the AntiDefamation League—including but not limited to physical attacks, vandalism, verbal and physical harassment, and hateful comments posted on social media; and WHEREAS, the City of El Cerrito shares an obligation to condemn and combat antisemitism wherever it exists, to include Jewish Americans in all facets of civic life, and to stand with the Jewish American community against hatred or bigotry in our city and country.
NOW THEREFORE, the City Council of the City of El Cerrito does hereby proclaim the month of May 2026 as Jewish American Heritage Month in appreciation of the achievements and contributions made by members of the Jewish community, calls upon all residents to celebrate Jewish Americans who have woven the fabric of our country and community, and supports opportunities to learn more about Jewish American history and culture.
Dated: May 5, 2026
___________________________
Gabe Quinto, Mayor
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Agenda Item No. 7.D.
EL CERRITO CITY COUNCIL PROCLAMATION
Declaring the Month of May 2026 is Asian American, Native Hawaiian, and Pacific Islander Heritage Month in the City of El Cerrito
WHEREAS, the earliest Asian Americans immigrated to the United States in the 1800s and many Asian laborers contributed to the completion of the transcontinental railroad during the 1860s, and in the development of California’s agricultural industry to this day. Asian Americans, Native Hawaiian and Pacific Islanders have played a critical role in the social, economic, and political development of California throughout its history; and
WHEREAS, Asian Americans, Native Hawaiians, and Pacific Islander immigrants have contributed greatly to California’s economic success, rural growth and urban development; and
WHEREAS, Asian Americans, Native Hawaiians, and Pacific Islander entrepreneurs have led many of California’s businesses to the pinnacle of their respective industries; and
WHEREAS, over 26 million Asian Americans, Native Hawaiians, and Pacific Islanders in the nation are one of the fastest growing ethnic populations in the country; and
WHEREAS, Asian Americans, Native Hawaiians, and Pacific Islanders represent
29.5 percent of El Cerrito’s population, representing ancestries throughout Asia; and WHEREAS, Asian Americans, Native Hawaiians, and Pacific Islanders will continue to be an important part of El Cerrito’s cultural diversity and understanding; and WHEREAS, Asian Americans, Native Hawaiians, and Pacific Islanders have a proud legacy of service and dedication to our community, our City, our State and our Country; and
WHEREAS, May has become a symbolic month in which Asian Americans, Native Hawaiians, and Pacific Islanders and supporters come together in various celebrations of culture, traditions and history.
NOW THEREFORE, the City Council of the City of El Cerrito does hereby proclaims the month of May 2026 Asian American, Native Hawaiians, and Pacific Islander Heritage Month in the City of El Cerrito and invites everyone to reflect on the notable accomplishments and outstanding services provided by Asian Americans, Native Hawaiians, and Pacific Islanders to the Nation, California and the City of El Cerrito.
Dated: May 5, 2026
___________________________
Gabe Quinto, Mayor
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Agenda Item No. 7.E.
EL CERRITO CITY COUNCIL PROCLAMATION
Recognizing May 14, 2026, as Bike to Wherever Day
WHEREAS, May is National Bike Month; and
WHEREAS, bicycling has multiple environmental, economic, social, and personal and public health benefits; and
WHEREAS, the City of El Cerrito is committed to creating a Citywide bikeway network that attracts users of all ages and abilities; and WHEREAS, in April 2016, the City Council adopted a citywide Active Transportation Plan, an update to the City’s Circulation Plan for Bicyclists and Pedestrians, adopted in 2007; and
WHEREAS, in 2024 the City updated its Climate Action and Adaptation Plan (CAAP), originally adopted by the City Council in 2013, setting an ambitious goal of carbon neutrality by 2045 and identifying increased bicycling as a primary strategy to reduce transportation related greenhouse gas emissions; and WHEREAS, the San Francisco Bay Area’s Bike to Wherever Day will take place on Thursday, May 14, 2026, with all nine Bay Area counties participating in the event; and
WHEREAS, as part of Bike to Wherever Day, energizer stations will be located along Bay Area commuter routes, including along the Ohlone Greenway at the El Cerrito Plaza BART Station, where cyclists can stop for refreshments, giveaways, bicycle safety information, or just to be ‘cheered on’ by fellow participants and city staff; and WHEREAS, drivers should remember to drive the speed limit, share the roadway, and always watch for bicyclists; and
WHEREAS, the City Council encourages everyone to consider participating in Bike to Wherever Day and other Bike Month activities, to participate in a bicycle safety class, and to consider bicycling more often.
NOW THEREFORE, the City Council of the City of El Cerrito does hereby proclaim May 14, 2026, Bike to Wherever Day in the City of El Cerrito, recognizing the environmental, economic, social, and personal and public health value of increased bicycle use and encouraging participation in the annual Bike to Wherever Day and other bicycling activities during the month of May.
Dated: May 5, 2026
___________________________
Gabe Quinto, Mayor
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AGENDA BILL
Agenda Item No. 7.F.
Date: May 5, 2026
To: El Cerrito City Council
From: Christina Leard, Acting Senior Management Analyst; Public Works Department
Subject: Environmental Quality Committee Appointment Recommendation
ACTION PROPOSED
Approve an Environmental Quality Committee recommendation to appoint Mordecai Stayton to the Environmental Quality Committee, effective May 5, 2026.
BACKGROUND/ANALYSIS
In late January 2026, the City received an application for appointment to the Environmental Quality Committee (EQC) from Mordecai Stayton. At the April 14, 2026, regular meeting of the EQC, the Committee interviewed Mr. Stayton and voiced their support for his appointment and voted unanimously to recommend to the City Council that Mr. Stayton be appointed to the EQC.
Mr. Stayton has been a resident of El Cerrito for 20 years. In his application and interview to serve on the EQC, he voiced his interest in getting involved with the community in which he lives, as well as contributing to solving environmental challenges facing the local and global community. Mr. Stayton holds a master’s degree in international studies and a bachelor’s degree in history and brings to the EQC 13 years of experience in communications, both digital and print, on content management and creation, operations and processes, and translating complex concepts for experts and non-experts alike.
If the City Council approves this recommendation, the number of Committee members will be six (6) out of a possible membership total of fifteen (15).
STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal(s) of:
• Livability and Belonging; and
• Environmental Sustainability.
ENVIRONMENTAL CONSIDERATIONS
The Environmental Quality Committee supports the City in developing programs and policies that help protect the local environment (e.g., Expanded Foodware Ordinance), while also engaging in activities that have a direct impact on environmental quality (e.g., volunteer litter and creek cleanups).
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Agenda Item No. 7.F.
FINANCIAL CONSIDERATIONS
This section is not applicable to this agenda item.
LEGAL CONSIDERATIONS
This section is not applicable to this agenda item.
Reviewed by:
Karen Pinkos, City Manager
Attachments:
Application(s) on file with the City Clerk.
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AGENDA BILL
Agenda Item No. 7.G.
Date: May 5, 2026
To: El Cerrito City Council
From: Claire Coleman, Budget and Financial Services Manager; Crystal Reams, Finance Director/City Treasurer, Finance Department
Subject: FY 2025-26 Third Quarter General Fund Budget Update through March 31, 2026
ACTION PROPOSED
Receive and file an update on City General Fund revenues and expenses for FY 2025- 26 through March 31, 2026.
BACKGROUND AND ANALYSIS
The El Cerrito City Council adopted an annual Budget for FY 2025-26 on June 17, 2025, as part of the FY 2024-25 and 2025-26 Biennial Budget. The Council has closely monitored the City’s budget and financial position and directed City staff to submit quarterly General Fund financial update reports. The attached FY 2025-26 Third Quarter General Fund Update reflects the third quarter of revenues collected and expenditures completed by the City.
The report shows the third quarter revenues at $34.5 million (64% of budget) and expenditures at a total of $42.2 million (74% of budget). The projected year-end total General Fund Balance is estimated to be $21.1 million. This includes $7.5 million designated for the Emergency Disaster Relief Fund (EDRF) and $3 million in the Section 115 Trust, and represents 32% of expenditures (excluding the Section 115 Pension Trust) and 37% (including the Section 115 Pension Trust).
Staff have calculated these numbers based on the most current information as of the date of the report, but it is important to note that City revenues and expenditures are highly cyclical and vary throughout the year. Some major expenses are paid up front at the beginning of the fiscal year, including insurance premiums, while most major revenue types (property taxes, sales taxes, utility taxes) are received on a lag.
STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal(s) of:
• High Performing Organization by ensuring the City maintains a strong financial position – and will allow the City Manager to develop a plan to ensure that Citywide revenue meets the cost of providing Citywide services, including adequate reserves in the face of significant unanticipated revenue shortfalls; and ensures procedures that represent best practices in financial management.
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Agenda Item No. 7.G.
ENVIRONMENTAL CONSIDERATIONS
This section is not applicable to this agenda item.
FINANCIAL CONSIDERATIONS
The FY 2025-26 General Fund Third Quarter Update reflects revenues totaling $34.5 million (64% of budget), and expenditures of a total of $42.2 million (74% of budget).
The projected year-end total fund balance is estimated to be $21.1 million; this includes $7.5 million designated for the EDRF and $3 million in the Section 115 Trust.
LEGAL CONSIDERATIONS
This section is not applicable to this agenda item.
Reviewed by:
Karen Pinkos, City Manager
Attachments:
1. FY 2025-26 3rd Quarter General Fund Update
Agenda Packet Page 60 of 528
General Fund Budget Update
Quarter 3 FY 2025-26
01/01/2026-03/31/2026
EXECUTIVE SUMMARY
The City of El Cerrito is pleased to submit the fiscal year (FY) 2025-26 Third Quarter General Fund Budget Update for the period of January 1, 2026 through March 31, 2026. 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 March 31, 2026, General Fund revenues total 64% of the adopted budget and General Fund expenditures total 74% 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 third quarter timing of these revenue sources, including the first tranche of property taxes received in December. The second major tranche of property taxes were received in April as expected, but are not reflected in the March 31 numbers.
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 and third quarters of FY 2025-26, the City Council approved several large projects using onetime 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 $21.1 million, equal to about 37% of annual expenditures.
Graph 1 compares revenues and expenditures for the third 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
GENERAL FUND REVENUES
For the third quarter of FY 2025-26, General Fund revenues total 64% of the amended budget. This is similar to the City’s budget progress for FY 2024-25, when revenues received by March 31 were 66% of budget. $51.7 $53.8 $53.8
$56.7
$34.0
$38.5
$34.5
$42.2
$0.0
$10.0
$20.0
$30.0
$40.0
$50.0
$60.0
Revenue Expenditures Revenue Expenditures
FY 2024-25 FY 2025-26
Budget
(in millions)
Actual
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Table 1 shows General Fund revenues by classification for the third quarter of FY 2024-25 and FY 2025-26.
Table 1: Quarter 3 General Fund Revenue by Classification FY 2024-25 FY 2025-26
Classification Amended
Budget Q3 Actuals % of Budget
Amended
Budget
Q3 YTD
Actuals
% of
Budget
% Change
in Actuals
FY25 to
FY26
Property Taxes $16,461,935 $8,875,719 54% $18,080,310 $9,410,700 52% 6% Sales Taxes 4,517,790 2,739,587 61% 4,616,381 2,762,543 60% 1% Measure R Sales Tax 4,459,000 2,483,562 56% 4,581,000 2,550,717 56% 3% Transient Occupancy
Taxes
100,000 58,354 58% 100,000 57,356 57% -2%
Franchise Fees 1,380,000 562,489 41% 1,380,000 654,449 47% 16% Business License Taxes 1,182,817 1,135,283 96% 1,206,473 1,187,208 98% 5% Property Transfer Taxes 3,000,000 1,756,977 59% 3,200,000 2,334,610 73% 33% Utility Users' Taxes 3,694,260 2,703,480 73% 3,700,000 2,587,926 70% -4% Other Taxes 1,500 57 4% 1,500 2,707 180% 4625%
Taxes Totals $34,797,302 $20,315,508 58% $36,865,664 $21,548,216 58% 6% Licenses & Permits $1,007,000 $1,156,495 115% 1,073,280 1,092,200 102% -6% Fines & Forfeitures 130,000 121,802 94% 130,000 180,392 139% 48% Use of Money and
Property
957,000 541,826 57% 830,600 473,310 57% -13%
Intergovernmental
Revenues
5,334,401 4,564,374 86% 5,551,043 3,951,068 71% -13%
Charges for Services 7,839,237 6,177,311 79% 7,550,502 5,922,807 78% -4% Other Revenue 630,000 378,670 60% 747,200 511,695 68% 35% Other Financing Sources 1,002,039 752,447 75% 1,031,502 774,544 75% 3% Totals $51,696,979 $34,008,433 66% $53,779,792 $34,454,231 64% 1% Taxes
The City received the first tranche of Property Taxes in December. The City also received a large tranche in April and will receive a final true-up in June. The April revenues are not included in this report, as they were received after the March 31 end date. As of March 31, 2026, Property Tax receipts total 52% of the annual budget, which is consistent with the expected third quarter 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 March 31, 2026, the City has received seven months of sales and use tax receipts, and total receipts to date are consistent with the amended budget and slightly higher 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 has recorded two quarterly payments for FY 2025-26 as of the end of March.
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 the change in consumer price index (CPI) each fiscal year. The City has received 98% of the budgeted revenues for Business License Taxes. The remainder of the budget accounts for new businesses and businesses who are Agenda Packet Page 62 of 528
delayed on their tax payments.
Property Transfer Taxes (RPTT) are received on a one- to two-month lag from the County, who collects property taxes and property transfer taxes on behalf of El Cerrito. As of March 31, the City had received eight months of property transfer tax receipts and eleven refund requests through the RPTT rebate program for seismic upgrades and energy and water conservation projects. In the first three quarters of the fiscal year, a steady number of properties continued to change ownership including some larger commercial properties. The difference in receipts for the third 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 third quarter of the fiscal year, but slightly below the prior year’s third 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 difference in revenue received by the end of the third quarter of FY 2024-25 versus the third quarter of FY 2025-26 is due to the timing of revenue receipts, particularly for water and energy.
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 due to staff working through a backlog and higher business license fines. • 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. Rental revenue in the Recreation division is trending on budget but lower in some categories due to temporary facility closures for repairs. • Intergovernmental Revenues include state reimbursements and funds from other governmental agencies. These revenues are trending below budget due to 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. The lower CalOES revenues are fully offset by lower expenses. • 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.
Table 2 shows General Fund revenues by department for the third 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 Agenda Packet Page 63 of 528
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 and then again at the end of the fiscal year. Recreation Department revenues total 78% of the annual budget, compared with 85% 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 above budget and slightly above the prior year third quarter performance. 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 below budget due to lower CalOES reimbursements, but also has lower associated CalOES expenses.
Table 2: Quarter 3 General Fund Revenues by Department
FY 2024-25 FY 2025-26
Department Amended
Budget Q3 Actuals % of Budget
Amended
Budget
Q3 YTD
Actuals
% of
Budget
% Change in
Actuals FY25
to FY26
Administration $11,500 $13,331 116% $16,000 $13,619 85% 2% Community
Development
2,517,396 2,215,255 88% $2,621,572 2,241,955 86% 1%
Fire 5,384,101 4,509,278 84% $5,605,111 3,958,256 71% -12% Non-departmental 37,083,964 21,632,754 58% $38,900,554 22,924,496 59% 6% Police 186,000 186,004 100% $188,080 255,118 136% 37%
Public Works 599,132 422,665 71% $622,117 494,703 80% 17% Recreation 5,914,886 5,029,147 85% $5,826,358 4,566,083 78% -9% Totals $51,696,979 $34,008,433 66% $53,779,792 $34,454,231 64% 1% GENERAL FUND – EXPENDITURES
As of March 31, 2026, General Fund expenditures total 74% 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.
Table 3 shows General Fund expenditures by classification for the third quarter of FY 2024-25 and FY 2025-26.
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Table 3: Quarter 3 General Fund Expenditures by Classification FY 2024-25 FY 2025-26
Classification Amended
Budget Q3 Actuals % of Budget
Amended
Budget
Q3 YTD
Actuals
% of
Budget
% Change in
Actuals FY25
to FY26
Personnel 38,122,416 28,248,375 74% 39,641,566 $29,565,451 75% 5% Purchased Professional
& Technical Services
5,615,500 3,301,731 59% 5,535,818 3,412,728 62% 3%
Purchased Property
Services
2,748,877 1,491,891 54% 2,408,761 1,372,479 57% -8%
Other Purchased
Services
3,927,771 3,460,001 88% 4,384,411 4,081,976 93% 18%
Supplies 876,170 536,087 61% 899,845 488,609 54% -9%
Property & Capital 736,513 419,222 57% 499,942 217,722 44% -48% Financing Costs 539,822 260,959 48% 530,949 273,706 52% 5% Other Financing Uses 1,258,329 758,620 60% 2,760,128 2,760,128 100% 264% Totals $53,825,399 $38,476,887 71% 56,661,420 42,172,799 74% 10% Personnel expenditures increased 5% 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 below 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. Expenses related to Supplies and Property & Capital are trending below budget as of the end of the third quarter.
Table 4 shows expenditures by department for the third quarter of FY 2024-25 and FY 2025-26.
Table 4: Quarter 3 General Fund Expenditures by Department FY 2024-25 FY 2025-26
Department Amended
Budget Q3 Actuals % of Budget
Amended
Budget
Q3 YTD
Actuals
% of
Budget
% Change in
Actuals FY25
to FY26
Administration 7,972,678 5,954,912 75% $8,853,654 $6,898,805 78% 16% Community
Development
4,168,728 2,535,683 61% $4,113,906 2,622,618 64% 3%
Fire 15,813,246 12,186,921 77% $16,144,408 12,146,634 75% 0% Non-departmental 1,382,691 725,576 52% $2,880,767 2,716,186 94% 274% Police 15,052,742 10,799,334 72% $15,323,961 11,533,730 75% 7% Public Works 2,481,847 1,666,575 67% $2,631,758 1,626,848 62% -2% Recreation 6,953,467 4,607,886 66% $6,712,967 4,627,978 69% 0% Total $53,825,399 $38,476,887 71% $56,661,420 $42,172,799 74% 10% Expenditures in most departments are tracking similarly to FY 2024-25, with higher year-over-year costs in City Administration driven by insurance and software subscription increases and higher Police Department costs driven by negotiated salary increases. Non-departmental expenditures include library services, debt service, and operating transfers out to other funds. In particular, the recently approved one-time transfer of $1.05 million from the General Fund to conclude the Successor to the Redevelopment Agency, is included in Nondepartmental and is the reason for the significantly higher expenses in that category in FY 2025-26 relative to the prior year.
Through March 31, 2026, the City Council has approved $2,897,402 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 $2,881,628 for FY 2025-26. On April 21, the City Council approved an additional use of fund balance of $250,000 to cover the costs of transitioning from at-large to district-based elections, resulting in a total planned use of fund balance of $3,131,629. Table 5 lists the amendments approved in FY 2025-26.
Agenda Packet Page 65 of 528
Table 5. City Council-Approved General Fund Budget Amendments in FY 2025-26 Department Description Amount
General Fund Budget Amendments as of March 31
Citywide Purchase Order Roll Forward $ 291,695
City Council Audio-Visual System Improvements 317,535
Public Works/Recreation Initial Swim Center Allocation 183,300 Fire Local 1230 new MOU 120,116
Public Works/Recreation Final Swim Center Allocation 762,100 City Council Special Election Costs 80,163
Citywide Mid-Year Adjustments, including Successor Agency Dissolution 1,142,493 Total Expenditure Increases $ 2,897,402
Additional Amendments after March 31
City Council Districting Transition Costs 250,000
Total Approved Expenditure Increases $ 3,147,402
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 $21.1 million, or 37% of expenditures. Of this amount, approximately $10.5 million remains after excluding the Section 115 Trust, Emergency and Disaster Relief Fund (EDRF), and non-spendable funds.
According to the City’s Comprehensive Financial Policy, the minimum recommended General Fund Reserve is 17% of expenditures, or $9.6 million. Based on current projections, the City will have $.9 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 $7.4 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.
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Table 6: FY 2025-26 Quarter 3 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 (125,000)
FY26 Projected Revenue 53,779,792
FY26 Projected Expenditures as of March 31, 2026 (56,661,420) Approved Districting Costs on April 21, 2026 (250,000)
Change in fund balance (3,131,629)
Projected Total Ending FY26 Fund Balance 21,118,879
EDRF (Internally Restricted) (7,500,000)
Section 115 (Restricted) (2,960,245)
Non-Spendable (125,000) (10,585,245)
Projected FY26 Unrestricted Fund Balance 10,533,634
FY26 Expenditures Including April 21 Amendment 56,661,420 FY26 17% Reserve Goal (9,632,441)
Projected discretionary as of June 30, 2026 901,193
FY26 Projected Ending Total Fund Balance 21,118,879
Projected unassigned (less Section 115) 10,533,634
Projected unassigned percent as of June 30, 2026 19%
Section 115 Pension Trust and Non-Spendable amounts shown here reflect FY 2025 audited values.
Districting expenses were approved by the City Council on April 21, 2026 and are not reflected in the amended budget numbers as of March 31, 2026.
CONCLUSION
As of the third 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.
Agenda Packet Page 67 of 528
AGENDA BILL
Agenda Item No. 8.A.
Date: May 5, 2026
To: El Cerrito City Council
From: Crystal Reams, Finance Director/City Treasurer, Finance Department; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Subject: Public Hearing to Confirm the Diagram and to Levy the Assessment for Fiscal Year 2026-27 for Landscape and Lighting Assessment District No. 1988-1
ACTION PROPOSED
Conduct a public hearing, and upon conclusion, adopt a resolution setting the annual Landscape and Lighting Assessment for Fiscal Year (FY) 2026-27 as $72 per singlefamily residential parcel, and as noted in the Engineer’s Report for other classes of properties.
BACKGROUND
On June 6, 1988, the City Council established Assessment District No. 1988-1 pursuant to the Landscape and Lighting Act of 1972. The purpose of this Landscape and Lighting Assessment District (LLAD) is to raise funds to support improvements and maintenance of the City’s park areas, landscaping areas, and street lighting. Every year since 1988, this Assessment District has generated approximately $785,000 to support LLAD activities.
In November 1996, the LLAD was approved by the voters and therefore complies with the provisions of Proposition 218. Any increase in the assessment fee level would be subject to Proposition 218’s voter approval requirement.
In order to impose this annual assessment, the City Council must annually authorize an Engineer’s Report to identify the costs, uses, and benefits of the parcels within the Assessment District from the services and improvements funded by the assessment. As detailed in the Engineer’s Report, the revenues are used for eligible activities including staff salaries and wages, utility costs for the District, landscaping services and supplies, and park maintenance.
ANALYSIS
The City Council authorized the LLAD annual report on April 7, 2026, and the Engineer of Record, NBS Local Government Solutions (NBS), prepared and delivered the Engineer’s Report on April 10, 2026.
In order for these assessments to be imposed, the City Council must accept the Engineer’s Report and conduct a public hearing to hear comments on their imposition.
Agenda Packet Page 68 of 528
Agenda Item No. 8.A.
At the April 21, 2026 City Council meeting, the City Council set the date of the public hearing for May 05, 2026. Also, the City is required to cause the notice of the public hearing to be published one time at least ten days prior to the hearing in a newspaper of general circulation. Such a notice was published in the West County Times, a subsidiary of East Bay Times Newspaper Group, on April 25, 2026.
The Engineer's Report is attached as Exhibit A to the resolution. In addition, a full listing of assessed parcels and related charges is available by contacting the Office of the City Clerk at [email protected] or 510-215-4305.
The purpose of this public hearing is to confirm the diagram and the assessment, as appearing in the Engineer’s Report. The procedures for conducting the public hearing and receiving protests are the same as for forming the District; however, there are no provisions for majority protest.
The California Streets and Highways Code Section 22631 specifies the options available to the City Council, as follows:
If a majority protest has not been filed, the legislative body may adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment.
STRATEGIC PLAN CONSIDERATIONS
This action supports the City's Strategic Plan Goal(s) of:
• High Performing Organization; and
• Livability and Belonging; and
• Infrastructure and Amenities: and
• Environmental Sustainability.
ENVIRONMENTAL CONSIDERATIONS
This section is not applicable to this agenda item.
FINANCIAL CONSIDERATIONS
NBS estimates that the current rate of assessment will generate approximately $792,862 of revenue, which is included in the total revenue estimate for the City’s FY 2026-27 Budget.
The LLAD assessment rate has not increased since LLAD’s creation in 1988. When the LLAD was established, it relied on a General Fund contribution of $428,000 in addition to the LLAD revenues of approximately $750,000 to fund the planned landscaping and lighting activities.
Agenda Packet Page 69 of 528
Agenda Item No. 8.A.
The LLAD does not contain a provision for inflation and thus has not kept pace with escalation of costs for personnel, utilities, lighting and landscaping maintenance contract services, and supplies since it was first created.
A proposed Assessment District with increased rates was presented to the City’s property owners during a ballot proceeding in 2006, but a majority protest was filed, and the increased assessment rates were not imposed. As the sources and uses of all City revenues are currently under review, the cost for LLAD eligible expenditures in excess of the assessment revenue will be covered by City contributions from other appropriate funding sources or expenses will be reduced to ensure that the LLAD expenditures do not exceed available LLAD revenues in FY 2026-27. The City Council appropriates expenditures of these funds as part of its annual budget process.
In FY 2025-26 the General Fund covers expenditures for landscape maintenance service contracts in the amount of approximately $644,780. City staff anticipate using $41,602 in available fund balance in FY 2026-27 to maintain the current levels of service.
LEGAL CONSIDERATIONS
The provisions of the Landscape and Lighting Act of 1972 require that a public hearing be held prior to adopting a resolution levying the annual assessment.
Reviewed by:
Karen Pinkos, City Manager
Attachments:
1. Resolution
2. Exhibit A to Resolution
Agenda Packet Page 70 of 528
Agenda Item No. 8.A.
Attachment 1
RESOLUTION 2026-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO CONFIRMING THE DIAGRAM AND LEVYING THE ASSESSMENT FOR FISCAL YEAR 2026-27 FOR THE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1988-1.
WHEREAS, the City of El Cerrito, by Resolution 88-53 dated June 6, 1988, adopted Assessment District No. 1988-1 pursuant to the Landscape and Lighting Act of 1972; and
WHEREAS, the City of El Cerrito, by Resolution No. 2026-18 adopted April 7, 2026, directed the filing of the Annual Report of the Engineer of Record for Assessment District No. 1988-1; and
WHEREAS, the Engineer of Record, NBS Local Government Solutions prepared and, on April 10, 2026 filed said Annual Report; and
WHEREAS, the City of El Cerrito by Resolution No. 2026-22 and dated April 21, 2026, reviewed and accepted said annual report and declared its intent to order improvements and provided notice of a public hearing to be held on May 05, 2026, and notice of the hearing was given in time and manner required by law; and WHEREAS, in November 1996, the voters approved the Landscape and Lighting Assessment thereby complying with the provisions of Proposition 218; and WHEREAS, at the public hearing, the City Council afforded every interested person an opportunity to make a protest to the annual report, and the City Council has considered each protest.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that the diagram and assessment as set forth in the Annual Report of the Engineer of Record, attached hereto as Exhibit A, is hereby confirmed and the assessment set forth therein for Fiscal Year 2026-27 is hereby levied.
BE IT FURTHER RESOLVED that this Resolution is adopted pursuant to California Streets and Highways Code Section 22631.
BE IT FURTHER RESOLVED that upon adoption of this resolution, the diagram and assessment, or a certified copy thereof is hereby directed to be filed with the County Auditor no later than August 10, 2026.
BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon passage and adoption.
Agenda Packet Page 71 of 528
I CERTIFY that at a regular meeting on May 5, 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 72 of 528
Fiscal Year 2026/27 Annual Report for:
Landscape and Lighting District 1988-1
April 2026
Exhibit A to Resolution
Agenda Packet Page 73 of 528
CITY OF EL CERRITO
10890 San Pablo Avenue
El Cerrito, California 94530
Phone - (510) 215-4300
CITY COUNCIL
Gabe Quinto, Mayor
Rebecca Saltzman, Mayor Pro Tem
William Ktsanes, Councilmember
Lisa Motoyama, Councilmember
Carolyn Wysinger, Councilmember
CITY STAFF
Karen Pinkos, City Manager
Crystal Reams, Finance Director / City Treasurer
Yvetteh Ortiz, Public Works Director / City Engineer
NBS
Kristin Harvey, Client Success Ambassador
Adina McCargo, Project Manager
Jason Roth, Administrator
Agenda Packet Page 74 of 528
TABLE OF CONTENTS
1. EXECUTIVE SUMMARY....................................................................................................1
2. OVERVIEW......................................................................................................................2
2.1 Introduction.............................................................................................................2
2.2 Plans and Specifications..........................................................................................2
3. DESCRIPTION OF IMPROVEMENTS ..................................................................................3
4. MAP OF DISTRICT ...........................................................................................................6
5. METHOD OF ASSESSMENT ..............................................................................................7
5.1 Maximum Assessment Rates ..................................................................................9
6. FISCAL YEAR 2026/27 ESTIMATE OF COSTS.................................................................... 10
7. COUNTY USE CODES ..................................................................................................... 11
8. ASSESSMENT ROLL........................................................................................................ 12 Agenda Packet Page 75 of 528
City of El Cerrito
Fiscal Year 2026/27 Annual Report – Landscape and Lighting District 1988-1 1
1. EXECUTIVE SUMMARY
The City of El Cerrito (the “City”) directed NBS to prepare and file a report presenting plans and specifications describing the general nature, location, and extent of the improvements to be maintained, and an estimate of the costs of the maintenance, operations, and servicing of the improvements for the City of El Cerrito Landscape and Lighting Assessment District 1988-1 (the “District”) for Fiscal Year 2026/27 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”).
The report includes a map of the District, showing the area and properties proposed to be assessed; an assessment of the estimated costs of the maintenance, operations, and servicing of the improvements; and the net amount to be assessed upon all assessable lots and/or parcels within the District in proportion to the special benefit received.
The following tables summarize the annual levy by Zoning for Fiscal Year 2026/27:
Fiscal Year 2026/27
Zoning Number of Parcels(1) Levy Total (2)
Residential 8,317 $689,044.06
Commercial 306 103,817.74
Totals: 8,623 $792,861.80
(1) Parcel count includes exempt parcels.
(2) Total amount may vary slightly due to rounding adjustments.
Agenda Packet Page 76 of 528
City of El Cerrito
Fiscal Year 2026/27 Annual Report – Landscape and Lighting District 1988-1 2
2. OVERVIEW
2.1 Introduction
The District provides for the installation, maintenance, and servicing of public lighting, landscaping, and park and recreational facility improvements located within the incorporated limits of the City.
The costs to acquire and construct major new facilities to be maintained will generally be paid by sources other than District funds. While the District pays for the maintenance costs associated with various park and recreation programs, the costs of the programs themselves are not supported by District funds.
2.2 Plans and Specifications
The services performed are primarily maintenance and generally do not require plans. The plans and specifications to the extent that they exist, include but are not limited to:
• Conceptual plans
• Street lighting maps, detail lists, schedules, and PUC schedules • Street Tree Planting Master Plan
• Maintenance specifications, programs, and policies for:
- Landscaping
- Medians
- Graffiti abatement
- Recreation buildings
- Community and neighborhood park grounds
- Weed abatement
- Creeks and trails
- Litter and debris removal
• Water, gas, and electric company requirements, policies, and specifications These documents are available in the City’s Public Works Department and Recreation Department offices and are included in this report by reference. A diagram indicating the location of the improvements to be serviced and maintained is included in Section 4 of this report.
Agenda Packet Page 77 of 528
City of El Cerrito
Fiscal Year 2026/27 Annual Report – Landscape and Lighting District 1988-1 3
3. DESCRIPTION OF IMPROVEMENTS
The improvements to be installed, serviced, and maintained generally consist of the following:
Street Lighting
Residential Lighting - The District provides funding for street lighting throughout the City, which is typically located at intersections and at mid-block. Spacing of lights is typically 500 feet, although this distance may vary depending on topographic and right-of-way restraints.
Medium-Intensity Commercial Lighting - Industrial and some commercial districts have closer spacing of street lighting, typically at 250-foot intervals. Commercial districts on San Pablo Avenue and other arterial streets require a higher level of lighting intensity.
Medians and Rights-of-Way
Corresponding numbers on the map in Section 4 depict the location of medians. Landscaped medians are located on the following arterial streets:
1. San Pablo Ave. (entire length)
2. Carlson Blvd. (north City limit to Adams St.)
3. Moeser Ln. (San Pablo Ave. to Pomona Ave. and Shevlin Dr. to Arlington Blvd.)
4. Central Ave. (Carlson Blvd. to San Pablo Ave. and Liberty St. to Richmond St.)
5. Ashbury Ave. (south City limit to Fairmount Ave.)
6. Fairmount Ave. (Liberty St. to Richmond St. and Carlson Blvd. to San Pablo Ave.)
7. Potrero Ave. (Eastshore Blvd. to San Pablo Ave.)
8. Hagen Blvd. (6526 to 6712)
9. Elm St. (at Blake St.)
10. Cutting Blvd. (at Elm St.)
11. Behrens St. (at south City limit)
12. Blake St. (at Navellier St.)
Maintained Stairways and Pathways
Corresponding letters on the map in Section 4 depict the location of the stairways and pathways.
A. Alta Vista Dr. to north City limit
B. Francisco Wy. to Tulare Ave. (2 segments)
C. Barrett Ave. to Tassajara Ave.
D. Alva Ave. to Barrett Ave.
E. Tapscott Ave. to Harper St.
F. Blake St. to Manor Cir.
G. Madera Dr. to Julian Ct. to Potrero Ave. to Hillside Natural Area (4 segments) H. Madera Dr. to Hillside Natural Area
I. Arlington Blvd. to Shevlin Dr. (3 segments)
J. King Dr. to Shevlin Dr. (south of Moeser Ln.)
K. Bay Tree Ln. to Contra Costa Dr.
L. Terrace Dr. to Huber Park (2 segments)
M. Adams St. to Creekside Park
Agenda Packet Page 78 of 528
City of El Cerrito
Fiscal Year 2026/27 Annual Report – Landscape and Lighting District 1988-1 4 Creek and Street Trees
Day-lighted Creek in Public Property - Cerrito Creek, Baxter Gateway, and Poinsett Park Street Trees - City-wide
Parks and Structures
Arlington Park and Clubhouse
1120 Arlington Boulevard; tennis courts, picnic tables, barbecues, playground equipment, pond, basketball court, large grass area
Canyon Trail Park & Art Center
6757 Gatto Avenue; tennis courts, picnic tables, barbecue, playground equipment, large grass area, lower play area: creek, walking trails, small pond, and play equipment Castro Park and Clubhouse
1420 Norvell Street; large playground and grassy area, field adjacent to Korematsu Middle School yard, tennis courts, small grassy area behind tennis courts, barbecue, and picnic table Centennial Park
Eureka Avenue at Liberty Street; playground equipment, grassy area, benches, plaza and path network Cerrito Vista Park
950 Pomona Avenue; Large, well equipped playground area, field, track for jogging, tennis courts, barbecue, recreation building, and picnic area adjacent to park Fairmont Park and Clubhouse
715 Lexington Avenue; field adjacent to Fairmont Elementary School Harding Park and Clubhouse
7115 C Street; play equipment, field adjacent to Harding School blacktop area (basketball courts, kickball diamond), tennis courts, and barbeque located on patio
Huber Park and Clubhouse
7711 Terrace Drive; lower cement area with basketball court and kickball area, climbing, large cement slide, and picnic area
Poinsett Park and Clubhouse
5611 Poinsett Avenue; basketball, kickball area, and play equipment Tassajara Park and Clubhouse
2575 Tassajara Avenue; playground equipment, field, basketball court, tennis courts, and picnic area Madera Clubhouse
1500 Devonshire Drive; childcare center, playground area, and clubhouse Agenda Packet Page 79 of 528
City of El Cerrito
Fiscal Year 2026/27 Annual Report – Landscape and Lighting District 1988-1 5 Ohlone Greenway
One block east of Kearney Street, the Ohlone Greenway is a linear park that runs 2.5 miles, the length of the City, ideal for walking or bicycling. It is the site of the frog habitat and wetland restoration classroom projects. At the corner of Manila Avenue and Kearney Street, is the Richard Itaya mini-park with its play equipment for younger school-age children.
Hillside Natural Area
This natural area of approximately 102 acres can be accessed from the east end of Schmidt Lane, north end of Potrero Avenue, and through King Court. Dogs, under their owner's control and on a leash, are allowed.
Agenda Packet Page 80 of 528
City of El Cerrito
Fiscal Year 2026/27 Annual Report – Landscape and Lighting District 1988-1 6
4. MAP OF DISTRICT
The following page contains a map of the District depicting the locations of medians, rights-of-way, stairways, and pathways. The Assessment Diagram is on file with the City Clerk and incorporated by reference and made part of this report.
Agenda Packet Page 81 of 528
Agenda Packet Page 82 of 528
City of El Cerrito
Fiscal Year 2026/27 Annual Report – Landscape and Lighting District 1988-1 7
5. METHOD OF ASSESSMENT
The estimated net cost of the improvements has been divided among the several parcels of land within the District in proportion to the estimated benefits to be received by the parcels, respectively, from the improvements. The method used to apportion the cost among the benefiting properties is as follows:
1) Residential costs were identified as the total estimated cost to provide landscaping and lighting on residentially zoned streets plus 98% of the net cost to maintain park and recreational facilities, plus a prorated share of the incidental expenses. 2) Commercial costs were identified as the total estimated cost to provide landscaping, lighting, and sweeping to frontage on commercially zoned streets, plus 2% of the net cost to maintain park and recreational facilities, plus a prorated share of the incidental expenses.
The net residential cost was apportioned within residentially zoned areas and the net commercial cost was apportioned within commercially zoned areas as follows:
RESIDENTIALLY ZONED AREAS
Occupied Single Family Residential (SFR) properties were assumed to benefit equally and were assessed the same. Multifamily Residential (MFR) parcels and condominiums were assumed to benefit less, due to increased density and private maintenance costs. MFR units were assessed 75% of the SFR rate for the first twenty units and 50% of the SFR rate for each additional unit over twenty.
Churches and private schools in residentially zoned areas were assessed for direct frontage benefits received. Commercial land uses in residential neighborhoods were assessed at the Zone 3 frontage rate, plus the commercial park assessment rate. One hundred feet of corner relief, or the side street dimension, whichever was less, was credited to corner parcels. Open space owned by private parties, utilities, and the golf course were assessed for one-half the Zone 3 frontage assessment rates. Public property was not assessed.
Vacant lots were assessed at one-half the amount calculated for a similar occupied parcel. Vacant land and open space were assessed for frontage benefit at one-half the zone rate. Assessments for common areas were considered to be included in the assessment for the various residential units.
Unusual or exceptional parcels were assessed according to the judgment of the engineer. Assessments for SFR properties that are divided by the City boundary were calculated by multiplying the rate for a SFR by the ratio of land area in the City’s boundary.
COMMERCIALLY ZONED PROPERTY
Three zones of commercial street landscaping, lighting, and sweeping service are identified on the assessment diagram. The cost per foot to provide services to frontage on San Pablo Avenue (Zone 1) was estimated to be six times the cost of Commercial Zones 2 and 3 streets. Parcels with San Pablo Avenue frontage were assessed $2.00 per front foot for direct benefit received.
Parcels with frontage in Zones 2 and 3 were assessed $0.33 per foot, or one-sixth the San Pablo Avenue assessment. Corner lots were credited one hundred feet or the side yard dimensions, whichever was less.
Parcels with frontage in more than one zone were assessed for the applicable frontage in each zone.
Agenda Packet Page 83 of 528
City of El Cerrito
Fiscal Year 2026/27 Annual Report – Landscape and Lighting District 1988-1 8 The remaining costs to provide street landscaping, lighting, and sweeping within the commercially zoned areas, including a prorated share of the incidental expenses, were assessed to the properties located on Zones 1 and 2 streets in proportion to parcel area.
Areas and frontages were calculated using information on file with the County Assessor. Areas and frontages are approximations intended only as indicators of benefit.
The assessments for parcels within the El Cerrito Plaza and the Del Norte Marketplace shopping centers were calculated by totaling the frontage and area assessments and then prorating the total according to area.
SFR residential parcels in commercially zoned areas were presumed not to benefit more from increased levels of lighting and landscaping and were assessed at SFR rates.
MFR parcels in commercially zoned areas were assessed at MFR rates less 20%, representing a credit for the residential street lighting and sweeping benefit not received. MFR parcels in commercially zoned areas were also assessed for direct frontage benefits received. The commercial park and area assessment was not applied to MFR parcels.
Private institutions within the commercially zoned areas were assessed for the applicable frontage benefit but were not assessed for commercial area or park benefit.
Motels were assessed as commercial properties.
Vacant lots were assessed at one-half the occupied rate.
Public properties were not assessed.
Unusual or exceptional properties were assessed according to the judgment of the engineer.
Agenda Packet Page 84 of 528
City of El Cerrito
Fiscal Year 2026/27 Annual Report – Landscape and Lighting District 1988-1 9
5.1 Maximum Assessment Rates
The following tables provide the maximum assessment rates for Fiscal Year 2026/27.
Residential Zoning
Category Per Unit Per Frontage Foot
SFR $72.00 $0.00
MFR 1-20 Units 54.00 0.00
MFR > 20 Units 1,080.00 + 36.00 (over 20) 0.00
PVT Inst 0.00 0.33
Vacant Lot 36.00 0.00
Vacant Land 0.00 0.17
Commercial Zoning
Commercial Street
Assessment
Commercial Park
Assessment
Category Zone Per Unit
Per
Frontage
Foot Per Acre Per Acre
Commercial
1 $0.00 $2.00 $121.00 $80.00
2 0.00 0.33 121.00 80.00
3 0.00 0.33 0.00 80.00
MFR 1-20 Units 1 43.00 2.00 0.00 0.00
MFR > 20 Units 1 864.00 + 29.00 (over 20) 2.00 0.00 0.00 MFR 1-20 Units 2 43.00 0.33 0.00 0.00
MFR > 20 Units 2 864.00 + 29.00 (over 20) 0.33 0.00 0.00 PVT Inst
1 0.00 2.00 0.00 0.00
2 0.00 0.33 0.00 0.00
Vacant
1 0.00 1.00 61.00 40.00
2 0.00 0.17 61.00 40.00
3 0.00 0.17 0.00 0.00
Assessments for parcels not described above were made in proportion to the estimated benefits received as determined by the engineer.
Agenda Packet Page 85 of 528
City of El Cerrito
Fiscal Year 2026/27 Annual Report – Landscape and Lighting District 1988-1 10
6. FISCAL YEAR 2026/27 ESTIMATE OF COSTS
Revenues
Special Assessments $792,862
Other Local Reimbursements 14,000
Program Fees
Operating Transfer Gen Fund
5,000
0 Total Revenues $811,862
Expenditures
Regular Salaries & Wages $154,999
Overtime Pay 1,700
Straight OT 1,500
Special Pay 3,266
One-Time Payouts 2,500
PARS Contribution 6
PERS Contributions 17,108
PERS UAL 41,093
FICA/Medicare 12,187
Medical Benefits 52,820
Life & LTD Insurance 1,616
Allowances & Other Benefits 1,116
Workers Compensation Premiums 7,099
Collect & Admin Services 0
Legal & Financial Services 0
Other Technical Services 0
Utilities Energy 27,720
Utilities-Water & Sewer
Utilities-Street Light
191,934
5,765
Infrastructure Maintenance Services 12,731
Landscape/Park Maintenance Services 134,004
Travel & Training 1,100
Landscape & Park Supplies 20,000
Indirect Xfer-GEN 163,200
Total Expenditures $853,464
Use of Fund Balance $41,602
Agenda Packet Page 86 of 528
City of El Cerrito
Fiscal Year 2026/27 Annual Report – Landscape and Lighting District 1988-1 11
7. COUNTY USE CODES
The following pages contain the Contra Costa County use codes and a description of each.
Agenda Packet Page 87 of 528
CONTRA COSTA COUNTY USE CODES Page 1 of 2
Use Code Description
1 Residential
10 Vacant, unbuildable
11 Single family, 1 residential on 1 Site and Duets w/o minor common areas 12 Single family, 1 residential on 2 or more sites
13 Single family, 2 or more residential on 1 or more sites 14 Single family on other than single family land
15 Miscellaneous improvements, 1 or more site, incl. trees and vines 16 Single family attached residence, townhouses, duets
17 Vacant, 1 site (includes PUD sites)
18 Vacant, 2 or more sites
19 Single family detached res. with major common area (pool, tennis, clubhouse, or other amenities), Cluster Homes
2 Multiple
20 Vacant
21 Duplex
22 Triplex
23 Fourplex
24 Combinations; e.g., single and a double
25 Apartments, 5-12 units, inclusive
26 Apartments, 13-24 units, inclusive
27 Apartments, 25-59 units, inclusive
28 Apartments, 60 units or more
29 Condos, cooperatives (-1 Single Family) (-2 Rossmoor) 3 Commercial
30 Vacant
31 Commercial stores (not supermarkets)
32 Small grocery stores (7-11, mom and pop, quick-stop) 33 Office buildings
34 Medical; dental
35 Service stations; car washes; bulk plants; mini lube 36 Auto repair
37 Community facilities; recreational; swim pool association 38 Golf courses
39 Bowling alleys
4 Commercial
40 Boat Harbors
41 Supermarkets (not in shopping centers)
42 Shopping centers (all parcels include vacant for future shopping Center
43 Financial buildings (insurance and title companies, banks, savings And loans)
44 Motels, hotels, and mobile home parks
45 Theaters
46 Drive-in restaurants (hamburger, taco, etc.)
47 Restaurants (not drive-in; inside service only)
48 Multiple and commercial; miscellaneously improved
49 New car auto agencies
This information is courtesy of ParcelQuest and is deemed reliable, but is not guaranteed. For a complete or current list, please contact the appropriate County Assessor's office. Rev. 4/16/13 Agenda Packet Page 88 of 528
CONTRA COSTA COUNTY USE CODES Page 2 of 2
5 Industrial
50 Vacant Land
51 Industrial Park (with structures)
52 Research and Development, with or without structures 53 Light industrial
54 Heavy industrial
55 Mini-warehouse (public storage)
56 Miscellaneous improvements, including trees & vines on light or heavy industrial 59 Pipeline rights-of-way
6 Land
61 Rural, residential improved; 1 to 10 acres
62 Rural, with or without miscellaneous structures, 1 to 10 acres 63 Urban acreage, 10 to 40 acres
64 Urban acreage, more than 40 acres
65 Orchards, vineyards, row crops, irrigated pastures, 10 to 40 acres 66 Orchards, vineyards, row crops, irrigated pastures, over 40 acres 67 Dry farming, grazing and pasturing, 10 to 40 acres
68 Dry farming, grazing and pasturing, over 40 acres
69 Agricultural preserves
7 Institutional
70 Convalescent hospitals and rest homes
71 Churches
72 Schools & colleges, public or private, with or without improvements 73 Hospitals, with or without improvements
74 Cemeteries, mortuaries
75 Fraternal and service organizations, group homes, shelters 76 Retirement housing complex
77 Cultural uses (libraries, museums)
78 Parks and playgrounds
79 Government-owned, with or without buildings (federal, state, city, BART) 8 Miscellaneous
80 Mineral rights (productive/nonproductive)
81 Private roads
82 Pipelines and canals
83 State board assessed parcels
84 Utilities, with or without buildings (not assessed by SBE) 85 Public and private parking
86 Taxable municipally-owned property
87 Common area parcels in PUD’s (open spaces, recreational facilities) 88 Mobile home
89 Other; split parcels in different Tax Code Areas
This information is courtesy of ParcelQuest and is deemed reliable, but is not guaranteed. For a complete or current list, please contact the appropriate County Assessor's office. Rev. 4/16/13 Agenda Packet Page 89 of 528
City of El Cerrito
Fiscal Year 2026/27 Annual Report – Landscape and Lighting District 1988-1 12
8. ASSESSMENT ROLL
Parcel identification, for each lot or parcel subject to the annual levy, shall be based on the Contra Costa County Assessor’s (the “Assessor”) secured roll data for the applicable year in which this report is prepared and is incorporated herein by reference.
A listing of Assessor’s parcels subject to the annual levy for Fiscal Year 2026/27, along with the amounts levied, is on file in the office of the City Clerk and incorporated herein by reference. Based on the Assessor’s secured roll data, current Assessor’s parcels, including corrected and/or new Assessor’s parcels, assessment amounts will be submitted and/or resubmitted to the Contra Costa County Auditor/Controller.
The annual amount to be levied and collected for the resubmitted parcel(s) shall be determined in accordance with the assessment methodology and rates approved in this report. Therefore, if a single Assessor’s parcel has a status change in development, other land use change, or subdivides into multiple Assessor’s parcels, the levy amounts applied to each of the new Assessor’s parcels shall be recalculated and applied according to the approved assessment methodology and rates rather than a proportionate share of the original levy amount.
Agenda Packet Page 90 of 528
AGENDA BILL
Agenda Item No. 8.B.
Date: May 5, 2026
To: El Cerrito City Council
From: Crystal Reams, Finance Director/Treasurer, Finance Department; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department Subject: Public Hearing regarding Fiscal Year 2026-27 Storm Drain Annual Report and method of collecting storm drain fees
ACTION PROPOSED
Conduct a public hearing and upon conclusion adopt a resolution approving the Fiscal Year 2026-27 Storm Drain Annual Report and directing that Storm Drain Fees be collected on the property tax rolls.
BACKGROUND
In March 1993, the voters of the City of El Cerrito approved the issuance of $6.3 million in revenue bonds for the reconstruction of the City’s storm drain system. In June 1993, the City Council adopted Ordinance 93-4, which amends Title 4 (Revenue and Finance) of the El Cerrito Municipal Code by adding a new Chapter 4.44, providing for the imposition and collection of Storm Drain Fees to pay the debt service on the revenue bonds and to fund the acquisition, construction, reconstruction, maintenance, and operation of storm drain facilities. Ordinance 93-4 set the Storm Drain Fee at $58 for each single-family residential property and other amounts for other property types.
Ordinance 93-4 further provided that the Storm Drain Fees are to be collected on the property tax roll, based on amounts specified in an annual written report. The FY 2026- 27 Storm Drain Annual Report (Annual Report) which contains the description of each parcel classification receiving storm drain services and the amount of the annual fee for each parcel, is attached as Exhibit A to the resolution. A full listing of assessed parcels and related charges is available by contacting the Office of the City Clerk at [email protected] or 510-215-4305. The engineering firm of NBS Local Government Solutions prepared the Annual Report.
The City must annually conduct a public hearing to consider the method of collecting the Storm Drain Fees. Notice of such a public hearing must be made at least twice within a two-week period, as specified in Government Code §6066, as follows:
Publication of notice pursuant to this section shall be once a week for two successive weeks. Two publications in a newspaper published once a week or oftener, with at least five days between the respective publication dates, not counting such publication dates, are sufficient. The period of notice commences upon the first day of publication and terminates at the end of the fourteenth day, including therein the first day.
Agenda Packet Page 91 of 528
Agenda Item No. 8.B.
The City met this notification requirement by publishing the notice of public hearing in the West County Times, a subsidiary of East Bay Times Newspaper Group, on April 25, 2026 and May 01, 2026.
This hearing is not for consideration of the amounts of the Storm Drain Fees, which were already set by the City Council by adoption of Ordinance 93-4; however, the City Council may consider corrections to the use classification of properties in the Annual Report.
ANALYSIS
The City Council needs to determine whether a majority protest exists with respect to the method of collecting the Storm Drain Fees. If a majority protest is lodged against collecting these fees on the property tax roll (as a method of collection), the Storm Drain Fees shall be collected on behalf of the City by a public utility and the City Council would be required to authorize negotiation of an agreement with such a utility.
If the City Council finds that protest is made by the owners of a majority of the parcels of property described in the Annual Report, then the Annual Report shall not be adopted.
The administrative costs of collecting the Storm Drain Fee through utility services are substantially higher than by using the property tax bill. Also, if collected through a utility, the Storm Drain Fees would not constitute a lien against any parcel or parcels of land, which would make delinquent collections far more cumbersome and costly.
Since the amount of the Storm Drain Fee is based on property use, the public hearing also provides an opportunity for property owners to contest the fee amount based on the actual use of their property. The City Council may accordingly adjust the fee amount based on the property use.
The adoption of the Annual Report requires the same two-thirds vote as was required to enact Ordinance 93-4. If approved, the Annual Report must be filed with the County Auditor-Controller not later than August 10, 2026, per California Health and Safety Code Section 5474.4, as follows:
On or before the tenth day of August of each year following such final determination, the legislative body shall certify to the auditor a list of the lots or parcels of land, as they appear on the current assessment roll, subject to such fees or charges and the amounts of the installments of such fees or charges and interest to be entered against such lots or parcels on the assessment roll.
STRATEGIC PLAN CONSIDERATIONS
This action supports the City's Strategic Plan Goal(s) of:
• High Performing Organization; and
• Infrastructure and Amenities.
Agenda Packet Page 92 of 528
Agenda Item No. 8.B.
ENVIRONMENTAL CONSIDERATIONS
This section is not applicable to this agenda item.
FINANCIAL CONSIDERATIONS
The annual Storm Drain Fee will continue to be assessed at $58 for each single-family residential unit. Such a rate is expected to generate annual revenues of approximately $711,817, which is included in the total revenue estimate for the City’s FY 2026-27 Budget. The last debt service payment on the Storm Drain Revenue Bonds was paid in FY 2013-14. Therefore, the FY 2026-27 proceeds of the Storm Drain Fees will be used to fund storm drain improvements, maintenance, and operations, which include personnel, contract services, infrastructure supplies, and City Administration. The City Council appropriates expenditures of these funds as part of its annual budget process.
LEGAL CONSIDERATIONS
California Health and Safety Code Section 5470 et seq. requires that a public hearing be held prior to adopting a resolution to accept the Annual Report and levying the annual Storm Drain Fees. The City has complied with the minimum public notice requirements.
Reviewed by:
Karen Pinkos, City Manager
Attachments:
1. Resolution
2. Exhibit A to Resolution
Agenda Packet Page 93 of 528
Agenda Item No. 8.B.
Attachment 1
RESOLUTION 2026-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO ADOPTING THE FISCAL YEAR 2026-27 STORM DRAIN ANNUAL REPORT AND DIRECTING THAT STORM DRAIN FEES FOR FISCAL YEAR 2026-27 BE COLLECTED THROUGH
THE PROPERTY TAX ROLLS
WHEREAS, the City of El Cerrito, by Ordinance 1993-4, directed the filing of an annual report for the imposition and collection of storm drain fees; and WHEREAS, the Engineer firm of NBS local Government Solutions has prepared said Fiscal Year 2026-27 Storm Drain Annual Report (the “Annual Report”); and WHEREAS, the City provided notice on April 25, 2026 and May 01, 2026 of a public hearing to be held by the City Council, with the notice of the hearing being given in the time and manner required by law; and
WHEREAS, at the public hearing the City Council afforded every interested person an opportunity to make a protest to the Annual Report and the City Council has considered each protest.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito hereby confirms the storm drain fees as set forth in the Annual Report, attached hereto as Exhibit A, directs the collection of these fees through the property tax rolls, and directs the City Clerk through NBS Local Government Solutions to file the Annual Report or a certified copy thereof with the County Auditor-Controller not later than August 10, 2026.
BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon passage and adoption.
I CERTIFY that at a regular meeting on May 5, 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 94 of 528
Fiscal Year 2026/27 Annual Report for:
Storm Drain Reconstruction Project Fee
April 2026
Exhibit A to Resolution
Agenda Packet Page 95 of 528
CITY OF EL CERRITO
10890 San Pablo Avenue
El Cerrito, California 94530
Phone - (510) 215-4300
CITY COUNCIL
Gabe Quinto, Mayor
Rebecca Saltzman, Mayor Pro Tem
William Ktsanes, Councilmember
Lisa Motoyama, Councilmember
Carolyn Wysinger, Councilmember
CITY STAFF
Karen Pinkos, City Manager
Crystal Reams, Finance Director / City Treasurer
Yvetteh Ortiz, Public Works Director / City Engineer
NBS
Kristin Harvey, Client Success Ambassador
Adina McCargo, Project Manager
Jason Roth, Administrator
Agenda Packet Page 96 of 528
TABLE OF CONTENTS
1. Executive Summary ........................................................................................................1
2. Fees................................................................................................................................2
2.1 Fee Methodology ......................................................................................................2
2.2 Collection of Fees and Charges.................................................................................3
2.3 Annual Hearing..........................................................................................................3
2.4 Notice ........................................................................................................................3
3. List of Charges ................................................................................................................4 Agenda Packet Page 97 of 528
City of El Cerrito
Fiscal Year 2026/27 Annual Report – Storm Drain Reconstruction Project 1
1. EXECUTIVE SUMMARY
On March 2, 1993, the qualified voters of the City of El Cerrito (the “City”) approved the issuance of revenue bonds in an amount not to exceed $6.3 million to finance the first phase of the reconstruction of the City’s storm drain system. The qualified voters also approved the repayment of those bonds through the imposition of an annual storm drain fee on property within the City.
Section 5470, et seq. of the California Health and Safety Code authorizes cities to enact an ordinance, approved by a two-thirds vote of the members of the legislative body, establishing fees and charges for services and facilities furnished by the City in connection with its storm drain system. The proceeds of these fees and charges may be used only for the acquisition, construction, reconstruction, maintenance, and operation of its storm drain facilities, including the repayment of principal and interest on bonds issued to finance the construction or reconstruction of such facilities.
According to the ordinance establishing the storm drain fee, the storm drain fees and charges may be used exclusively for the purposes of the storm drain system and for the payment of interest and redemption, including premiums payable from the calling of bonds, for those bonds authorized by the qualified voters on March 2, 1993, and for the payment of interest and redemption, including premiums payable from the calling of bonds, for any other bonds for storm drain construction or reconstruction which may be authorized in the future, provided that such bonds are approved in the manner required by California law.
The proposed Fiscal Year 2026/27 rates for the storm drain fee are as follows:
Parcel Classification Rate
Single Family Residential $58.00 per unit
Multi Family Residential 2 through 20 units $43.50 per unit Multi Family Residential over 20 units $870.00 plus $29.00 for each unit over 20 Commercial/Industrial $870.00 per Acre
Institutional (Churches, Schools, Fraternal and
Service Organizations) $406.00 per Acre
Golf Courses, Cemeteries, Vacant Land $11.60 per Acre
The following table summarizes the estimated Fiscal Year 2026/27 annual levy by classification of parcel.
These amounts are subject to change based upon Contra Costa County’s final secured roll data.
Parcel Classification Number of Parcels (1) Levy Total (2) Single Family Residential 7,537 $443,750.00
Multi Family Residential 622 141,375.00
Commercial/Industrial 247 92,415.36
Institutional (Churches, Schools, Fraternal
and Service Organizations) 48 31,972.25
Golf Courses, Cemeteries, Vacant Land 131 2,304.11
Exempt 246 0.00
Totals: 8,831 $711,816.72
(1) Includes parcels divided by City boundaries.
(2) Total amount may vary slightly due to rounding adjustments.
Agenda Packet Page 98 of 528
City of El Cerrito
Fiscal Year 2026/27 Annual Report – Storm Drain Reconstruction Project 2
2. FEES
2.1 Fee Methodology
The number of Equivalent Residential Units (“ERUs”) was determined for each parcel based upon an estimate of the impervious surface associated with the use of the property. 1) Single Family (detached) Residential (“SFR”) parcels were assumed to have an average of 2,900 sq. ft. of impervious surface. Approximately 90% of the properties in the City are SFRs. These parcels were assigned 1.0 ERU.
2) Multi Family dwelling unit complexes of up to 20 units were assigned 0.75 ERU (2,175 sq. ft) of impervious surface area per unit. Complexes of more than 20 units were assigned 15.0 ERU plus 0.5 ERU (1,450 sq. ft) for each unit over 20.
3) Commercial/Industrial uses were assigned 15.0 ERU (43,560/2,900 sq. ft.) of impervious surface area per acre.
4) Institutional uses such as Churches, Schools, Fraternal and Service Organizations were assigned 7.0 ERU (21,000 sq. ft.) of impervious surface area per acre based upon the Contra Costa County Report on Stormwater Utility Assessment dated March 1994 (County Report). 5) Golf courses, cemeteries, and other open spaces were assigned 0.2 ERU (580 sq. ft.) per acre based upon the County Report.
The storm drain fee for a parcel is calculated by multiplying the number of ERU assigned to such parcel by the rate per ERU. The rate for Fiscal Yar 2026/27 is $58.00/ERU.
The following table shows a breakdown of the classification of parcels by Contra Costa County Use Code and the associated rates for Fiscal Year 2026/27:
Parcel Classification
Contra Costa County
Use Code (1)(2)(3)(4) ERU (5) Rates
Single Family Residential 11, 12, 13, 14, 15, 16, 19, 29, 89 1.0 $58.00 per unit Multi Family Residential
(2 through 20 units)
21, 22, 23, 24, 25, 26 0.75*n $43.50 per unit
Multi Family Residential
(over 20 units)
26, 27, 28 15.0 + 0.5*m $870.00 + $29.00 for
each unit over 20
Commercial/Industrial 31, 32, 33, 34, 35, 36, 41, 42, 43, 44, 45, 46, 47, 48, 49, 53, 85 15.0*A $870.00 per Acre
Institutional
(Churches, Schools, Fraternal
and Service Organizations)
70, 71, 72, 75, 76 7.0*A $406.00 per Acre
Golf Courses, Cemeteries,
Vacant Land
10, 17, 18, 20, 30, 37, 38, 50, 63,
74, 78, 81 0.2*A $11.60 per Acre
(1) Use Code 79 is assigned to Government Owned, and is not charged (2) Use Code 83 is assigned to State Board Assessed, and is not charged (3) Use Code 77 is assigned to Cultural Uses, and is not charged (4) Use Code 87 is assigned to Common Area Parcels in PUD’s and is not charged (5) n = number of residential units up to 20
m = number of residential units over 20
A = Area in Acres, per Contra Costa County Assessor or City Estimate ERU = Equivalent Residential Units
Agenda Packet Page 99 of 528
City of El Cerrito
Fiscal Year 2026/27 Annual Report – Storm Drain Reconstruction Project 3
2.2 Collection of Fees and Charges
The storm drain fees and charges may be collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the City’s general taxes.
The City Council will have prepared each year, prior to the commencement of the fiscal year, a written report which will be filed with the City. The report is to contain a description of each parcel of real property receiving storm drain services and the amount of the annual fee and charge for each parcel. This charge will be computed in conformity with the fees and charges prescribed in the report.
2.3 Annual Hearing
Each year, prior to the commencement of the fiscal year, the City Council will hold a public hearing at which the City Council will hear and consider all objections and protests, if any, to the written report. The City Council may continue the hearing from time to time. If the City Council finds that protest is made by the owners of a majority of the parcels of property described in the report, then the report will not be adopted. In the event of such majority protest, the storm drain fees and charges will be collected with the rates for any other publicly or privately owned public utility through agreement with such utility. If collected in this manner, the storm drain fees and charges will not constitute a lien against any parcel or parcels of land.
2.4 Notice
Notice of the filing of the report and of the time and place of hearing thereon, is to be published once a week for two consecutive weeks prior to the hearing, in a newspaper of general circulation printed, published or distributed in the City.
Agenda Packet Page 100 of 528
City of El Cerrito
Fiscal Year 2026/27 Annual Report – Storm Drain Reconstruction Project 4
3. LIST OF CHARGES
Parcel identification, for each lot or parcel subject to the annual levy, shall be based on the Contra Costa County Assessor’s (the “Assessor”) secured roll data for the applicable year in which this report is prepared and is incorporated herein by reference.
A listing of Assessor’s parcels subject to the annual levy for Fiscal Year 2026/27, along with the amounts levied, is on file in the office of the City Clerk and incorporated herein by reference. Based on the Assessor’s secured roll data, current Assessor’s parcels, including corrected and/or new Assessor’s parcels, assessment amounts will be submitted and/or resubmitted to the Contra Costa County Auditor/Controller.
The annual amount to be levied and collected for the resubmitted parcel(s) shall be determined in accordance with the assessment methodology and rates approved in this report. Therefore, if a single Assessor’s parcel has a status change in development, other land use change, or subdivides into multiple Assessor’s parcels, the levy amounts applied to each of the new Assessor’s parcels shall be recalculated and applied according to the approved assessment methodology and rates rather than a proportionate share of the original levy amount.
Agenda Packet Page 101 of 528
AGENDA BILL
Agenda Item No. 9.A.
Date: May 5, 2026
To: El Cerrito City Council
From: Claire Coleman, Budget/Financial Services Manager; Crystal Reams, Finance Director/City Treasurer, Finance Department
Subject: Fiscal Year 2026-27 and Fiscal Year 2027-28 Biennial Budget Study Session #2
ACTION PROPOSED
Conduct a study session on the Biennial Budget for Fiscal Years 2026-27 and 2027-28, including:
• Review of budget process and Target Based Budgeting approach • Review proposed budget balancing scenarios and possible one-time expenditures
• Direct staff on preferred scenario for budget development
EXECUTIVE SUMMARY
This report presents the budget development process, the methodology used to identify solutions, and four budget balancing scenarios for City Council consideration for the FY 2026-27 and FY 2027-28 Biennial Budget.
The preliminary General Fund budget analysis identified a structural operating budget deficit of approximately $1.7 million in FY 2026-27 and $2.2 million in FY 2027-28, assuming continuation of current service levels with fully updated cost projections. Key cost drivers include significant growth in insurance costs, personnel costs under current labor agreements, and CalPERS pension obligations. Using a target-based budgeting approach, the Finance Department worked with all City departments to identify budget solutions. Departments absorbed several hundred thousand dollars of internal nonpersonnel cuts that do not affect public-facing programs or services. The four scenarios presented in this report represent additional solutions, each building on a common foundation of updated overhead cost allocations, utilization of special revenue funds for allowable costs, formalized and increased vehicle and equipment replacement contributions, technology infrastructure investment, and citywide non-personnel reductions. All four scenarios achieve a balanced operating budget in both years, but differ in the depth of service reductions, the approach to funding the upcoming fire engine replacement as a one-time capital cost, and the resulting long-range General Fund reserve outlook.
Agenda Packet Page 102 of 528
Agenda Item No. 9.A.
Scenario A maintains the highest level of services of the four scenarios, making more limited long-term infrastructure and capital contributions in exchange for preserving current service levels in both budget years, and uses one-time fund balance to fund the fire engine in both years. Scenario B adds a moderate set of program and service reductions, uses one-time fund balance for the second fire engine payment only, and makes stronger contributions to long-term infrastructure needs. Scenarios C and D involve significant reductions to City programs and services and fund the fire engine without using one-time reserves, keeping reserves at or above 30 percent in the budget years and with Scenario D maintaining that level throughout the long-range forecast period.
Scenario B represents a balance between service reductions and long-term fiscal planning that keeps services at the highest level the City can responsibly sustain, while allowing fund balance to decrease to a projected low of approximately 26 percent in recognition that using one-time funds for a one-time capital expenditure is a sound and intentional fiscal approach. In a period of significant economic uncertainty, staff believe Scenario B achieves a sustainable and balanced operating budget without making deeper cuts than current conditions warrant. While the long-range forecast graphs for Scenarios A and B may appear similar, the fiscal foundation underlying Scenario B is materially stronger, particularly in FY 2027-28 and the out-years, due to the extent of ongoing capital and infrastructure contributions. Scenario C represents a different balanced approach, with significant program and service reductions that enable the City to remain above the 30 percent reserve policy goal in both budgeted years and above 29 percent in all forecasted years — a strong fiscal position achieved through difficult tradeoffs. Scenario D achieves the goal of keeping reserves above 30 percent in all projected years, but does so through reductions to services that are Council and community priorities, including the elimination of City-funded additional library hours.
Agenda Packet Page 103 of 528
Agenda Item No. 9.A.
Table 1. Summary of Budget Balancing Scenarios
*One-Time Expenses reflect fire engine costs paid from the General Fund. Scenarios A and B reflect paying expected costs as they arise, while Scenarios C and D front-load costs in FY 2026-27 by transferring a larger portion to an internal service fund, reducing the FY 2027-28 payment.
BACKGROUND
Budget Development Process
Finance staff developed the preliminary FY 2026-27 and FY 2027-28 biennial budget estimates beginning with revenue and expenditure forecasting. City Council reviewed revenue assumptions during the April 21, 2026 study session; the Proposed Budget will present them again in full.
Finance projected personnel costs using current labor Memorandums of Understanding (MOUs) and historical trend estimates for groups whose contracts expire during the budget period, and applied a citywide salary savings assumption of 2 percent. While the City historically experiences vacancy rates of 8 to 12 percent, overtime, backfill, specialized contract services, and other operational needs absorb most of those savings.
The 2 percent assumption reflects the net portion representing a genuine budget reduction.
Agenda Packet Page 104 of 528
Agenda Item No. 9.A.
Staff projected CalPERS pension costs based on current actuarial data. Staff estimated non-discretionary non-personnel costs based on known rates and contracts as well as CPI estimates. Insurance costs are a particular driver, having increased approximately 210 percent citywide between 2021 and 2028, with a projected 19 percent increase in FY 2026-27 moderating to an estimated 12 percent in FY 2027-28.
Willdan Financial Services completed a new Cost Allocation Plan (CAP) on behalf of the City in spring 2025, and staff used it to validate and update overhead allocations to the City's special revenue funds and enterprise fund. The prior CAP had not been updated in over a decade, and non-General Fund operations had not been absorbing their appropriate share of growing citywide costs, particularly insurance. The updated CAP more accurately distributes overhead costs across the Gas Tax, NPDES, LLAD, Measure J Return to Source, Measure J Storm Drain, Measure H Park and Recreation Facilities, Measure J Paratransit, COPS Grant, and Integrated Waste Management funds. Finance verified all charges are allowable under applicable funding source requirements. The updated allocations meaningfully increase General Fund cost recovery, particularly regarding the IWM fund, which had an allocation that increased by approximately $400,000.
The budget development process incorporated City Council priority-setting at the January 2026 retreat; community feedback through the budget survey (173 respondents) and public workshops in March 2026; Financial Advisory Board (FAB) recommendations; and department head presentations on City services.
The City's Comprehensive Financial Policy (Resolution No. 2026-17, adopted March 17, 2026) establishes General Fund reserve targets that guide budget planning. The policy sets a goal of maintaining an unrestricted General Fund operating reserve of 17 percent of projected General Fund operating expenditures, and separately requires the City to maintain an Emergency and Disaster Recovery Fund (EDRF) at 13 percent of projected General Fund operating expenditures, for a combined reserve policy goal of 30 percent.
The City Council may adopt a deficit budget if projected unassigned reserves do not fall below 10 percent in any year of the five-year budget forecast; should unassigned reserves fall below 10 percent, the City must adopt a plan each budget year to restore the unassigned reserve level to 17 percent. The City also maintains a Section 115 pension trust with a current balance of approximately $3 million, which is separate from the General Fund reserve and designated specifically for pension obligations.
Target-Based Budgeting Approach
For the FY 2026-27 and FY 2027-28 biennial budget, the City applied a target-based budgeting (TBB) approach consistent with best practices identified by the Government Finance Officers Association (GFOA). Finance and the City Manager's Office built a status quo expenditure projection, incorporating current MOU-based personnel costs, non-discretionary estimates, and projected increases in discretionary costs. That analysis identified a preliminary structural General Fund operating budget deficit of approximately $1.7 million in FY 2026-27 and $2.2 million in FY 2027-28.
Agenda Packet Page 105 of 528
Agenda Item No. 9.A.
While TBB often evaluates both service additions and reductions, the City's fiscal position required a primarily cut-oriented application this cycle. Finance and the City Manager's Office used the process to identify what operations the City can sustain within existing revenues, while building in contributions to vehicle and equipment replacement, deferred infrastructure maintenance, and capital projects internal service funds to plan for longterm needs. Each department received a spending target based on its share of General Fund expenditures, staffing levels, and cost recovery through fees, grants, or other nonGeneral Fund sources. Departments submitted proposals to meet their targets; Finance and the City Manager's Office conducted multiple rounds of meetings with directors, evaluated proposals, and developed additional solutions.
Finance assessed all proposed solutions against the following criteria: whether the department director recommended it; whether the change was one-time, short-term, or permanent; whether it would require labor negotiation; whether it could prevent the City from meeting a legal mandate; whether it would significantly affect public health and safety, equity, or specific community populations; whether apparent savings would be offset by lost revenues or cost recovery; alignment with City Council priorities and community engagement results; and feasibility given staff capacity and timeline.
Through the target-based budgeting process, departments identified and absorbed several hundred thousand dollars in internal reductions: shifts in non-personnel budgets, operational efficiencies, and cost realignments that departments determined they could manage without cutting programs or services to the public. These reductions are already reflected in the baseline budget. The budget solutions presented in the four scenarios below represent a separate and additional layer of decisions, each carrying real tradeoffs in service levels, programs, or long-term fiscal positioning. Staff presents these trade-offs transparently so that City Council and the community can weigh them with a clear understanding of what is at stake.
ANALYSIS
Budget Balancing Scenarios
All four scenarios presented below represent fiscally viable paths to a balanced FY 2026- 27 and FY 2027-28 biennial operating budget. These scenarios differ in the depth of program and service reductions, the approach to funding the fire engine replacement, and the long-range outlook for General Fund reserves. Scenarios C and D involve significant reductions to City programs and services. These trade-offs are real and are detailed below for City Council and the public's understanding.
An important distinction in reviewing these scenarios is the difference between the operating budget and one-time expenditures. The City's operating budget covers ongoing revenues and expenditures for day-to-day City services. A structurally balanced operating budget means ongoing revenues cover ongoing expenditures. One-time expenditures, such as the fire engine purchase, are separate from the operating budget and are not expected to recur annually.
Agenda Packet Page 106 of 528
Agenda Item No. 9.A.
In some scenarios, the operating budget generates sufficient surplus in a given year to absorb a one-time expenditure without drawing on reserves; in others, the size or timing of a one-time cost requires use of fund balance to keep the total budget balanced. The fire engine replacement is the primary one-time expenditure driving this distinction across the four scenarios.
The long-range General Fund forecast underlying each scenario reflects current budget projections and assumes use of the Section 115 pension trust beginning in FY 2028-29 and ending in FY 2034-35, when pension costs are projected to be at or near their peak, to smooth the impact on the General Fund in those years. The forecast may appear visually similar to the long-range forecast presented to City Council at the mid-year budget update in March 2026. However, all four scenarios presented here are materially more sustainable than the prior forecast. Every scenario includes ongoing contributions to internal service funds for vehicle and equipment replacement, Fire Department vehicle and equipment needs, and deferred maintenance and capital infrastructure — costs that were not being set aside in prior forecasts. Departments have also absorbed real reductions in every scenario. The shape of the forecast graphs may look familiar, but the foundation beneath them is meaningfully stronger.
Budget Changes Included in All Scenarios
Technology and Operations Investment
All scenarios include an investment of approximately $140,000 annually in technology infrastructure, covering three components: critical cybersecurity improvements to protect sensitive City and law enforcement data and meet federal data protection standards; a Computerized Maintenance Management System (CMMS) for Public Works to shift asset management from reactive to proactive and data-driven; and an upgrade of the City's geographic information system (GIS) to an ESRI platform, removing a significant integration barrier identified as limiting operational efficiency across departments.
Overhead Cost Allocation Update
All four scenarios include the updated overhead cost allocation described in the Budget Development Process section above, generating $461,000 in additional General Fund cost recovery in FY 2026-27 and $520,000 in FY 2027-28.
Police Department - Special Revenue Fund Utilization and Recruitment All scenarios shift allowable Police Department costs to special revenue funds where permitted. License plate reader system costs and a portion of digital evidence management system costs would be funded through the Citizens' Option for Public Safety (COPS) Grant fund, drawing on current fund balance. Allowable vehicle replacement costs would shift to the asset replacement fund, and allowable expenses would be covered using the vehicle abatement fund balance. An administrative overhead allocation consistent with grant stipulations would also be applied to the COPS Grant fund. In Scenario A, these shifts reduce General Fund expenditures by $125,000 annually; Scenarios B, C, and D achieve additional savings through supplemental reductions to Police software and equipment budgets, described below.
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All four scenarios also reduce Police Officer recruitment costs by approximately $48,000 annually through two actions: eliminating the hiring incentive and returning starting pay to Step 1 for new hires, incentives introduced in 2023 in response to significant staffing vacancies and a highly competitive hiring environment; and pausing supplemental recruitment services added during the same period. The department is now fully staffed and recruitment conditions have improved. Both measures can be reinstated if conditions change.
Citywide Non-Personnel Reductions
All scenarios include reductions to non-personnel budgets across City departments, encompassing supplies, equipment, professional services, and maintenance. These reductions reflect adjustments departments identified as manageable within their operations and do not involve cuts to programs or services to the public.
Vehicle and Equipment Replacement - Internal Service Fund All four scenarios formalize and increase the City's approach to vehicle and equipment replacement through a dedicated internal service fund. Previously, vehicle replacement costs were budgeted individually and inconsistently. The updated structure establishes regular annual General Fund contributions of approximately $440,000 citywide, improving long-term planning and financial transparency. All four scenarios also include $100,000 annually for small Fire Department vehicle replacement, ensuring the department maintains a predictable replacement schedule for vehicles that have exceeded their useful life.
Fire Department Vehicle and Equipment Replacement Reserve All four scenarios contribute $50,000 annually to a dedicated Fire Department vehicle and equipment replacement reserve, which funds self-contained breathing apparatus (SCBAs) and builds long-term savings toward future fire engine replacement. Scenario A does not include this contribution in FY 2027-28 (only in FY 2026-27); all other scenarios contribute in both budget years.
Deferred Maintenance and Capital Infrastructure - Internal Service Fund All four scenarios contribute $300,000 to a dedicated internal service fund for deferred maintenance and long-term capital infrastructure needs. Scenario A includes this contribution in FY 2026-27 only; all other scenarios contribute in both budget years.
Fire Engine Replacement - Background
At the City Council’s direction in FY 2025-26, the City signed a contract to replace one of the City’s aging fire engines, with payments of approximately $301,000 in FY 2026-27 and $883,000 in FY 2027-28. The City does not currently have designated reserves for this purchase. During the period from 2019 to the present, when El Cerrito was experiencing fiscal distress, longer-term capital costs were deferred to balance the budget and ensure continuity of services. As a result, no dedicated fire engine replacement reserve was established. In June 2025, the City Council set aside $380,000 to contribute towards the purchase, but additional funds are required to cover the total cost. Each scenario funds these two payments differently, as described below.
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Every scenario also includes ongoing annual contributions to a Fire Department vehicle and equipment replacement internal service fund going forward, so that one-time reserves are not required for future purchases.
Scenario A
Scenario A avoids major cuts to programs and services. It makes some contributions to long-term infrastructure and vehicle replacement needs in FY 2026-27 only and uses one-time General Fund reserves to fund both fire engine payments.
Fire Engine Replacement
Scenario A funds both the FY 2026-27 payment of approximately $301,000 and the FY 2027-28 payment of approximately $883,000 using one-time General Fund reserves.
Long-Range General Fund Forecast
Under Scenario A, the City projects use of fund balance from FY 2026-27 through FY 2031-32. Reserves are projected to reach a low of approximately 26 percent of expenditures during this period, comprising approximately 13 percent in the EDRF and 13 percent in unrestricted reserves, falling below the City's reserve policy goal of 17 percent unrestricted and 13 percent EDRF, for a combined goal of 30 percent.
Graph 1. Unrestricted General Fund Balance – Scenario A Agenda Packet Page 109 of 528
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Graph 2. Total Fund Balance – Scenario A
Scenario B
Scenario B includes a moderate set of proposed program and service reductions. It uses one-time General Fund reserves to fund the FY 2027-28 fire engine payment only and makes sustained contributions to internal service funds for infrastructure and vehicle replacement in both budget years.
All elements described in the shared section above apply to Scenario B. The following describes elements that are new or different in Scenario B:
Communications and Facilitation
Scenario B reduces professional communications and facilitation support by approximately $75,000 annually through three actions. The City would eliminate its contract with an outside communications firm and manage social media in-house, with some reduction in public information capacity anticipated. The City would eliminate the twice-yearly News and Views newsletter currently mailed to all residents; the City would continue communicating through other channels. The City would also eliminate the contract for a professional facilitator for the City Council's annual priority-setting retreat, with staff facilitating instead. A neutral third-party facilitator supports productive dialogue and allows all Council members and staff to participate fully without one party managing the process. Taken together, these reductions may result in some decrease in the reach and frequency of public communications, with potential impacts to community awareness and transparency.
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Recreation Programs and Events
Scenario B reduces Recreation Department expenditures by approximately $82,000 annually. Special events such as the pancake breakfast, Spring Tea Party, and Play Like a Girl+ would be cancelled; staff capacity previously dedicated to these events would be redirected toward strengthening core Recreation programs. Contract janitorial services would be significantly reduced, retaining only a limited portion for staff absences and periodic deep cleaning; regular janitorial operations would continue through City custodial staff.
Landscape Maintenance
Scenario B reduces the Rubicon landscaping contract by $10,000 in FY 2026-27, with cumulative reductions reaching $30,000 in FY 2027-28. In FY 2026-27, contract services would be eliminated at several residential streetscapes and Fire Station 52, and mowing frequency on the Ohlone Greenway would be reduced from eight to five times per year.
In FY 2027-28, additional cumulative reductions would eliminate contract services at City Hall, the Public Safety Building, the Library, Madera and Portola Clubhouses, Moeser Lane medians, and hillside vegetation management areas. Public Works maintenance staff would assume reduced-frequency landscape services at affected locations; City maintenance staff are generalists and do not have the specialized equipment or expertise of a dedicated landscaping contractor. Residents can expect a visible and progressive decline in maintenance standards at affected locations over time.
Police Department - Additional Software and Equipment Reductions Scenario B achieves greater General Fund savings from Police Department cost shifts than Scenario A, reaching $168,000 in FY 2026-27 and $143,000 in FY 2027-28, through additional reductions to Police software and equipment budgets beyond those achieved through the fund shifts alone. In FY 2026-27, this includes canceling a planned drone purchase, which would have expanded the department's capacity to respond to inprogress incidents and investigations. Additional software budget reductions apply in both years.
Administrative Support and Supplies
Scenario B reduces select administrative support and supplies costs by approximately $45,000 annually. Discretionary meal and employee recognition spending would be centralized and reduced citywide, with City-organized staff events coordinated through Human Resources to ensure consistency and equity across departments.
Reimbursements for meal costs would be limited to those required by labor agreements or associated with approved training activities. Recreation Department staff uniforms would be standardized to a consistent design used year over year, generating savings through reduced design costs and improved inventory management while also reducing textile waste.
Advisory Board Recognition and Holiday Lighting
Scenario B eliminates the annual dinner recognizing City advisory body members and eliminates City-funded seasonal holiday light installation along the San Pablo Avenue commercial corridor, for a combined reduction of approximately $10,000 annually.
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Fire Engine Replacement
In FY 2026-27, the operating budget generates sufficient surplus to absorb the fire engine payment of approximately $301,000 without drawing on General Fund reserves.
In FY 2027-28, the payment of approximately $883,000 exceeds what the operating budget can absorb, and one-time General Fund reserves fund the difference.
Long-Range General Fund Forecast
Under Scenario B, the City projects use of one-time reserves in FY 2027-28 for the fire engine payment, with projected use of fund balance continuing in FY 2028-29 through approximately FY 2031-32. Reserves are projected to reach a low of approximately 26 percent of expenditures during this period, comprising approximately 13 percent in the EDRF and 13 percent in unrestricted reserves, falling below the City's reserve policy goal of 17 percent unrestricted and 13 percent EDRF, for a combined goal of 30 percent.
Graph 3. Unrestricted General Fund Balance – Scenario B Agenda Packet Page 112 of 528
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Graph 4. Total Fund Balance – Scenario B
Scenario C
Scenario C avoids any use of one-time General Fund reserves in either budget year and makes significant and sustained contributions to internal service funds for infrastructure and vehicle replacement. It involves significant cuts to City programs and services beyond those in Scenario B.
All elements described in the shared section above apply. All Scenario B reductions also apply. The following describes elements that are new or different in Scenario C:
Landscape Maintenance
Scenario C increases the landscape maintenance reduction to $105,000 annually in both budget years, compared to cumulative reductions of $10,000 in FY 2026-27 and $30,000 in FY 2027-28 in Scenario B. At this reduction level, the impacts to City landscapes would be significant and citywide. Rubicon landscape, irrigation, and litter removal services would be completely suspended at City Hall, the Public Safety Building, the Recycling Center, Fire Station 52, the Library, Madera and Portola Clubhouses, Moeser Lane medians, and several residential streetscapes. Rubicon would also suspend irrigation repairs throughout the entire City and would need to lay off one full-time employee.
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Public Works maintenance staff would assume landscape services at the suspended locations, but at 50 percent of the frequency currently provided by Rubicon. That same 50 percent reduction in service frequency would apply across a broad range of additional City locations, including the Swim and Community Center; athletic fields mowing and turf maintenance services; Arlington, Canyon Trail, Castro, Central, Creekside, Harding, Huber, Poinsett, and Tassajara Parks; San Pablo Avenue medians and streetscapes; Ashbury, Central, Fairmount, and Potrero Avenue medians; the Ohlone Greenway from City limit to City limit; and parks high weed mowing citywide. City maintenance staff are generalists who do not have the specialized equipment or expertise of a dedicated landscaping contractor, and the reduced frequency compounds that limitation. Across the City, residents can expect increased accumulations of trash and litter, a greater number of tall flowering weeds, less trimmed shrubbery, and longer grass on athletic fields and elsewhere. The overall quality of City landscape conditions would be expected to degrade progressively over time, with impacts becoming increasingly evident the longer the reduction remains in place.
Grant Writing and Lobbying Services
Scenario C eliminates contracts with California Public Policy Group for both grant writing and state and federal lobbying services, for a combined reduction of approximately $78,000 annually. While staff would continue to manage existing awarded grants and apply for grants where capacity allows, this reduction would diminish the City's capacity to identify and apply for new grant opportunities. The lobbying contract has supported the City in securing federal earmarks and advocating on legislation with significant financial and operational impacts; eliminating it would reduce the City's presence and influence in state and federal policy processes.
General Fund Contribution for 4th of July Event
All four scenarios eliminate the General Fund contribution to the Fourth of July celebration. The event has existing reserved fund balance that will sustain it in the near term; over time, the event would rely increasingly on donations and sponsorships to continue. The celebration could likely continue under this funding model, though it may be reduced in scale, including potential elimination of the worldOne stage.
City Council Travel and Training
Scenario C reduces the individual travel and training budget for each City Council member by $1,000 annually, from $5,000 to $4,000, for a total reduction of $5,000.
Funding for the Mayor's allowance and New Mayor and Councilmember Academy would remain unchanged.
EC Stars High School Internship Program
Scenario C eliminates the EC Stars program, which places paid high school interns across City departments each summer, for a reduction of $23,000 in FY 2027-28 only.
The current program year is already underway and cannot be reduced in FY 2026-27. In addition to providing local youth with professional work experience and exposure to career opportunities in local government, the program supports departmental capacity during the summer season.
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Building Division - Conversion to Contract Services
Scenario C permanently converts the Building Division to contract services, for a reduction of approximately $210,000 annually. The Building Division has operated using contract staffing for several years; this change would formalize the existing service delivery model rather than represent a major operational shift. This change also decreases the total budget for the building division and could result in longer wait times and shorter counter hours. This structural change would still require labor negotiations and a formal procurement process to establish a long-term contract.
Fire Engine Replacement
Rather than using one-time General Fund reserves, Scenario C funds the fire engine through the internal service fund, with contributions of approximately $750,000 in FY 2026-27 and $433,600 in FY 2027-28. This approach front-loads costs into the first budget year because operating costs escalate more significantly in the second year, allowing the City to fund the engine through the internal service fund while avoiding deeper cuts in FY 2027-28.
Long-Range General Fund Forecast
Under Scenario C, the City projects reserves above 30 percent in both FY 2026-27 and FY 2027-28, meeting the City's combined reserve policy goal of 30 percent, comprising 13 percent in the EDRF and 17 percent in unrestricted reserves, in both budget years.
Reserves may fall modestly below 30 percent in FY 2028-29 through FY 2030-31 if no further adjustments are made, but are projected to remain above 29 percent in all forecasted years, with the unrestricted component remaining above 16 percent throughout.
Graph 5. Unrestricted General Fund Balance – Scenario C Agenda Packet Page 115 of 528
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Graph 6. Total Fund Balance – Scenario C
Scenario D
Scenario D includes all of the changes detailed in Scenario C, but also eliminates the six City-funded additional weekly library hours currently offered beyond the County-funded baseline of 40 hours per week, for a reduction of approximately $100,000 annually. The six additional hours are currently spread across Tuesday, Wednesday, and Thursday.
Eliminating them would return the library to the County-funded baseline schedule, with Tuesday hours reduced from 10:00 a.m. to 8:00 p.m. to 12:00 p.m. to 8:00 p.m., and Wednesday and Thursday hours reduced from 10:00 a.m. to 8:00 p.m. to 10:00 a.m. to 6:00 p.m.
Long-Range General Fund Forecast
Under Scenario D, the City projects reserves above 30 percent in all projected fiscal years throughout the forecast period, meeting the City's combined reserve policy goal of 30 percent, comprising 13 percent in the EDRF and 17 percent in unrestricted reserves, in every year.
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Graph 7. Unrestricted General Fund Balance – Scenario D Graph 8. Total Fund Balance – Scenario D
Strategies Considered but Not Recommended
Through the target-based budgeting process, staff and departments evaluated a broad range of additional strategies beyond those included in the four scenarios above. The following summarizes options that were evaluated but are not recommended at this time, and the primary reasons for that determination.
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Fire Department Staffing
Browning out Fire Station 52 during staffing vacancies to reduce backfill overtime costs was considered and is not recommended. Staffing vacancies are a normal and unavoidable feature of fire department operations and do not reduce community demand for emergency response. When Station 52 is browned out, response demand transfers to neighboring companies, which must travel farther and operate with reduced reserve capacity, increasing risk to both the public and responding personnel. Backfill overtime is not discretionary spending; it is the cost of maintaining minimum emergency service levels. Additionally, browning out Station 52 would create a service inequity, as El Cerrito residents would experience reduced service while Kensington would continue receiving the same level of response coverage.
Eliminating or downgrading the Training Battalion Chief (BC) position was considered in two forms - full elimination and downgrade to a Training Captain - and neither is recommended. The Training BC is the department's central point of accountability for firefighter hiring, recruit onboarding, promotional testing, required recurring training, and regional coordination through Contra Costa County Operational Area and California Incident Command Certification System structures. The position also serves as Acting Fire Chief when the Fire Chief is unavailable. Eliminating the position would not eliminate these responsibilities; it would scatter them across line Battalion Chiefs and command staff who already carry full operational workloads. Downgrading to a Captain would require meet-and-confer with Local 1230, could create a rank inversion with a Captain overseeing training requirements for Battalion Chiefs, and would effectively leave the department short one BC, reducing operational flexibility and Acting Chief coverage.
Either change would be pursued through attrition rather than layoff, but retirement and departure timelines are difficult to predict. Balancing the budget on solutions with uncertain implementation dates introduces significant fiscal risk.
Police Department Staffing
Eliminating five sworn officer positions, including two Traffic Officers, two Detectives, and one Patrol Officer, was considered and is not recommended. Eliminating dedicated traffic officers would end targeted traffic safety enforcement, with patrol officers assuming traffic enforcement on a discretionary basis rather than as a primary function. Based on the City's own experience during prior staffing reductions, traffic enforcement activity declined significantly during periods without dedicated traffic officers, with an associated reduction in traffic fine revenue. Response times would be expected to increase as patrol staffing is stretched across existing service demands, and investigative capacity would be reduced with the elimination of two Detective positions. Based on historical patterns at comparable agencies and the City's own prior experience, officer departures to more stable agencies are plausible following a layoff of this scale, effectively compounding the staffing reduction well beyond the five positions directly eliminated and creating recruitment challenges that could persist for several years.
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Eliminating two Traffic Officers and one Detective was also considered independently and is not recommended for similar reasons, as the elimination of all dedicated traffic enforcement capacity carries the same core risks regardless of the total number of positions eliminated. Both options would be pursued through attrition, but retirement and departure timelines are difficult to predict, and balancing the budget on solutions with uncertain implementation dates introduces significant fiscal risk.
Workforce and Compensation
Staff evaluated several options related to employee compensation and benefits, including freezing or reducing cost-of-living adjustments (COLAs) for all or only unrepresented employees, requiring employee contributions toward medical premiums for dependent or employee-only coverage, and increasing medical insurance copays. These options are not recommended at this time for several reasons. All current labor agreements include COLAs that have already been negotiated and approved; implementing changes would require reopening agreements with some or all bargaining units. The City recently experienced a period of compensation compression that required a Classification and Compensation study and resulted in substantial catch-up costs in subsequent years, and staff does not recommend repeating that pattern as it does not achieve long-term fiscal sustainability. Regarding medical benefits, increasing copays would risk forfeiting the City's grandfathered status in a Kaiser Permanente plan that provides strong coverage at competitive rates, potentially increasing overall City costs while decreasing coverage quality for employees. More broadly, labor negotiations to implement any of these changes could take years to conclude, outcomes are not guaranteed, and additional costs incurred in reaching agreement could offset or significantly delay the projected savings. These options may warrant consideration in future labor negotiations but are not suitable as near-term budget balancing strategies.
Community Programs and Staffing
Eliminating the Senior Program Manager positions overseeing affordable housing and economic development and sustainable transportation is not recommended. These positions manage programs and grants that directly advance top City Council and community priorities, including affordable housing, neighborhood preservation, business attraction and retention, economic development, complete streets, transportation demand management, and local road safety. Both positions manage large grants that bring significant outside funding to the City. Elimination would put that funding at risk and would likely result in the City falling behind on commitments under its General Plan, Affordable Housing Strategy, Housing Element, and multimodal transportation goals.
Contracting out all custodial services was considered and requires deeper analysis before further consideration; estimated savings are approximately equal to one full-time position cost, as contract services would need to partially backfill eliminated roles, and the option would require extensive labor negotiations with uncertain outcomes.
Eliminating most free and low-cost senior programs was considered and is not recommended. These programs provide important socialization and community connection opportunities for El Cerrito seniors at modest cost relative to their community impact.
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Regional Memberships and Legal Requirements
Withdrawing from regional and statewide membership organizations, including the League of California Cities (Cal Cities), Association of Bay Area Governments (ABAG), National League of Cities (NLC), Contra Costa County Mayors Conference, and East Bay Wildfire Coalition, was considered and is not recommended. These memberships support regional advocacy, intergovernmental coordination, and the City's voice in county, state, and federal policy processes. Withdrawal would be particularly notable given that El Cerrito's Mayor currently serves as Cal Cities President and the City Manager serves on the Cal Cities Board of Directors, roles that provide the City with significant influence over statewide municipal policy at a time when that influence is especially valuable. Eliminating the City's Zoom Webinar subscription was evaluated and is not feasible; new state law requires the City to provide hybrid meeting access for City Council meetings, and elimination would place the City out of compliance with that mandate.
Vacancy Holds
Staff evaluated holding a set of current vacancies unfilled for up to two years, including one Police Officer, one Police Records Specialist, one Firefighter, one Recreation Administrative Assistant, and one Recreation Supervisor overseeing childcare programs.
While vacancy holds can provide short-term budget relief without requiring layoffs or labor negotiations, this approach is not recommended as a budget balancing strategy at this time. Holding these positions vacant would reduce service levels, place additional strain on existing staff, and in some cases require backfill or overtime to meet minimum public safety staffing requirements, partially offsetting the projected savings. For public safety positions in particular, extended vacancies risk affecting response times and investigation timelines. Staff views intentional, planned staffing decisions as preferable to holding vacancies reactively as a temporary measure; should conditions change, this option could be revisited in the context of a broader workforce planning discussion.
STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal(s) of:
• High Performing Organization; and
• Community Safety; and
• Livability and Belonging; and
• Infrastructure and Amenities; and
• Environmental Sustainability.
ENVIRONMENTAL CONSIDERATIONS
This section is not applicable to this agenda item.
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FINANCIAL CONSIDERATIONS
The fiscal impact of the proposed budget depends on the scenario selected by City Council. Detailed expenditure and revenue figures for each scenario will be presented in the Proposed Budget. All four scenarios achieve a balanced operating budget for FY 2026-27 and FY 2027-28 through a combination of revenue adjustments, expenditure reductions, and internal service fund restructuring. Scenarios A and B utilize one-time General Fund reserves to fund a portion of the contracted fire engine replacement, while Scenarios C and D fund all costs within the operating budget and internal service fund contributions without drawing on reserves.
LEGAL CONSIDERATIONS
This section is not applicable to this agenda item.
Reviewed by:
Karen Pinkos, City Manager
Attachments:
1. Budget Balancing Scenarios - Summary
2. Budget Balancing Scenarios - Detailed
3. Presentation
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Attachment 1 – Budget Balancing Scenarios – Summary
Scenario A Scenario B
Operating Budget Additions
• Invest in cybersecurity, technology infrastructure, and work order management software ($140k)
Operating Budget Reductions
• Utilize special revenue funds for allowable Police Department costs, including software, equipment, and administrative overhead ($125k)
• Update overhead cost allocation to special funds, reducing General Fund subsidy ($461k FY27 / $520k FY28)
• Reduce non-personnel budgets citywide, including supplies, equipment, professional services, and maintenance
• Reduce Police Officer recruitment incentives and recruitment support ($48k) Internal Service Fund and Long-Term Planning Allocations • Restructure vehicle and equipment replacement contributions through internal service fund, citywide ($440k)
• Annual contribution to Fire Department vehicle and equipment replacement reserve ($50k FY27 only)
• Annual contribution to internal service fund for deferred maintenance and capital infrastructure ($300k FY27 only)
• Add annual small Fire Department vehicle replacement funding ($100k) One-Time Expenditures
• Use of fund balance for fire engine replacement ($301k FY27 / $883k FY28) Operating Budget Additions
• Invest in cybersecurity, technology infrastructure, and work order management software ($140k)
Operating Budget Reductions
• Utilize special revenue funds for allowable Police Department costs, including software, equipment, and administrative overhead, and decrease software and equipment budget ($168k FY27, $143k FY28)
• Update overhead cost allocation to special funds, reducing General Fund subsidy ($461k FY27 / $520k FY28)
• Reduce non-personnel budgets citywide, including supplies, equipment, professional services, and maintenance
• Reduce Police Officer recruitment incentives and recruitment support ($48k) • Decrease professional communications and facilitation support, including managing social media in-house, eliminating the News and Views newsletter, and eliminating the City Council retreat facilitator ($75k)
• Eliminate or reduce Recreation programs and events, including some special events and most contract janitorial services ($82k)
• Reduce landscape maintenance contract services, with impacts to streetscapes, medians, and the Ohlone Greenway ($10k FY27 / $30k FY28)
• Reduce select administrative support and supplies costs ($45k) • Cancel Advisory Board Member recognition dinner and holiday light installation on San Pablo Avenue ($10k)
Internal Service Fund and Long-Term Planning Allocations • Restructure vehicle and equipment replacement contributions through internal service fund, citywide ($440k)
• Annual contribution to internal service fund for deferred maintenance and capital infrastructure ($300k)
• Annual contribution to Fire Department vehicle and equipment replacement reserve ($50k) • Add annual small Fire Department vehicle replacement funding ($100k) One-Time Expenditures
• Use of fund balance for fire engine replacement ($883k FY28 only) Agenda Packet Page 122 of 528
Attachment 1 – Budget Balancing Scenarios – Summary
Scenario C Scenario D
Operating Budget Additions
• Invest in cybersecurity, technology infrastructure, and work order management software ($140k)
Operating Budget Reductions
• Utilize special revenue funds for allowable Police Department costs, including software, equipment, and administrative overhead, and decrease software and equipment budget ($168k FY27, $143k FY28)
• Update overhead cost allocation to special funds, reducing General Fund subsidy ($461k FY27 / $520k FY28)
• Reduce non-personnel budgets citywide, including supplies, equipment, professional services, and maintenance
• Reduce Police Officer recruitment incentives and recruitment support ($48k) • Eliminate General Fund contribution to 4th of July event ($50k) • Decrease professional communications and facilitation support, including managing social media in-house, eliminating the News and Views newsletter, and eliminating the City Council retreat facilitator ($75k)
• Eliminate or reduce Recreation programs and events, including some special events and most contract janitorial services ($82k)
• Reduce landscape maintenance contract services, with significant impacts to streetscapes, medians, the Hillside Natural Area, and the Ohlone Greenway ($105k/year total)
• Reduce select administrative support and supplies costs ($45k) • Cancel Advisory Board Member recognition dinner and holiday light installation on San Pablo Avenue ($10k)
• Decrease City Council travel and training allocation by $1k per member ($5k total) • Eliminate grant writing and lobbying services ($78k)
• Cancel El Cerrito Stars High School Internship Program ($23k FY28 only) • Permanently convert Building Division to contract services ($210k) Internal Service Fund and Long-Term Planning Allocations • Restructure vehicle and equipment replacement contributions through internal service fund, citywide ($440k)
• Annual contribution to internal service fund for deferred maintenance and capital infrastructure ($300k)
• Annual contribution to Fire Department vehicle and equipment replacement reserve ($50k) • Add annual Fire Department small vehicle replacement funding ($100k) • One-time contributions to ISF for Fire Engine ($750k FY27, $434k FY28) Operating Budget Additions
• Invest in cybersecurity, technology infrastructure, and work order management software ($140k)
Operating Budget Reductions
• Utilize special revenue funds for allowable Police Department costs, including software, equipment, and administrative overhead, and decrease software and equipment budget ($168k FY27, $143k FY28)
• Update overhead cost allocation to special funds, reducing General Fund subsidy ($461k FY27 / $520k FY28)
• Reduce non-personnel budgets citywide, including supplies, equipment, professional services, and maintenance
• Reduce Police Officer recruitment incentives and recruitment support ($48k) • Eliminate General Fund contribution to 4th of July event ($50k) • Decrease professional communications and facilitation support, including managing social media in-house, eliminating the News and Views newsletter, and eliminating the City Council retreat facilitator ($75k)
• Eliminate or reduce Recreation programs and events, including some special events and most contract janitorial services ($82k)
• Reduce landscape maintenance contract services, with significant impacts to streetscapes, medians, the Hillside Natural Area, and the Ohlone Greenway ($105k/year total) • Reduce select administrative support and supplies costs ($45k) • Cancel Advisory Board Member recognition dinner and holiday light installation on San Pablo Avenue ($10k)
• Decrease City Council travel and training allocation by $1k per member ($5k total) • Eliminate grant writing and lobbying services ($78k)
• Cancel El Cerrito Stars High School Internship Program ($23k FY28 only) • Permanently convert Building Division to contract services ($210k) • Eliminate additional library hours, returning to County-funded baseline schedule ($100k) Internal Service Fund and Long-Term Planning Allocations • Restructure vehicle and equipment replacement contributions through internal service fund, citywide ($440k)
• Annual contribution to internal service fund for deferred maintenance and capital infrastructure ($300k)
• Annual contribution to Fire Department vehicle and equipment replacement reserve ($50k) • Add annual Fire Department small vehicle replacement funding ($100k) • One-time contributions to ISF for Fire Engine ($750k FY27, $434k FY28) Agenda Packet Page 123 of 528
A B C D FY 26-27 FY 27-28
x x x x
Information
Technology
Invest in Cybersecurity and
Technology Improvements 104,410 99,438 Yes No No Yes
The City's technology systems require strategic upgrades to enhance data protection, support evolving law enforcement requirements, and improve coordination across departments. IT staff have identified critical improvements to software tools and mapping systems used daily by City staff. These improvements will strengthen overall system reliability, compliance with federal data protection standards, and improve efficiency in how services are delivered. Without these investments, the City may face challenges in maintaining secure, reliable, and effective operations.
x x x x
Finance
Eliminate Subsidy - Update
Overhead Allocation to Special
Funds 520,050 460,901 Yes No No No
Using an updated Cost Allocation Plan developed by an outside consultant, the City has revised how overhead and insurance costs are shared across City funds. This correction ensures that non-General Fund operations are paying their fair share of citywide administrative and insurance costs, reducing the subsidy previously borne by the General Fund. This is a technical accounting adjustment with no impact on service levels.
x x x x
Capital Outlay
Annual Transfer to Internal
Service Fund for Capital Needs 300,000 300,000 Optional No No Yes Per City Council direction, this adds an annual $300,000 transfer to a dedicated internal service fund to address the City's deferred maintenance and long-term capital infrastructure needs. This contribution helps the City set aside funding for both near-term maintenance priorities and future infrastructure investments, reducing reliance on one-time funding sources for capital costs. x x x x
Citywide
Vehicle and Equipment
Replacement Contributions
(GF Only) 416,293 441,293 Yes No No Yes
Establish dedicated General Fund contributions to an internal service fund for vehicle and equipment replacement. This approach improves long-term planning and transparency by routing replacement costs through a structured reserve rather than budgeting them individually each year.
x x x x
Police
Utilize Special Revenue Funds
for Allowable Police
Department Expenses 125,000 125,000 Yes No No No
Shift allowable Police Department costs to special revenue funds where permitted by applicable funding restrictions. License plate reader system costs and a portion of digital evidence management system costs would be funded through the Citizens' Option for Public Safety (COPS) grant, drawing on the current fund balance. Allowable vehicle replacement costs would be shifted to the asset replacement fund, and allowable expenses would be covered using the vehicle abatement fund balance. Additionally, an administrative overhead allocation would be applied to the COPS grant fund, consistent with grant stipulations permitting up to 0.5% for this purpose and supported by the City's Cost Allocation Plan. This approach reduces General Fund expenditures by utilizing restricted fund balances and allowable overhead recovery for their intended purposes.
x x x x
Fire Small Vehicle Replacement 100,000 100,000 Yes No No Yes Include an annual $100,000 contribution to replace aging small Fire Department vehicles that have exceeded their useful life. This ongoing funding ensures the City maintains a predictable vehicle replacement schedule, avoids costly emergency purchases, and keeps Fire Department operations reliable.
x x x x
Public Works
Procure a Computerized
Maintenance and Asset
Management System 10,000 20,000 Yes No No No
A Computerized Maintenance Management System (CMMS) will allow for more effective and efficient maintenance of City assets by shifting maintenance from reactive to proactive, data-driven management. A CMMS will enable integrated scheduling of tasks, tracking of costs, tracking asset condition, and monitoring regulatory compliance. This will reduce City costs over the long term by increasing service life of City assets, reducing downtime, reducing risks, and enabling data-driven prioritization of capital investments. x x x x
Capital Outlay
Contribution to Vehicle
Internal Service Fund for LongTerm Fire Engine and
Equipment Replacement 50,000 50,000 Yes No No Yes
Establish an annual $50,000 contribution to a dedicated reserve fund for Fire Department vehicle and equipment replacement. This includes self-contained breathing apparatus (SCBAs), the pressurized air tanks and masks firefighters wear to breathe safely in smoke and hazardous environments, as well as long-term savings toward future fire engine replacement. Building this reserve over time reduces the City's reliance on one-time funding sources for large, known future costs. x x x x
Police
Pause Additional Police Officer
Recruitment Services 8,000 8,000 No No No No
Pause supplemental recruitment services for Police Officers. These services were added during a period of high vacancy rates and heightened competition for qualified candidates. With the department now fully staffed and recruitment conditions improved, these services can be suspended for the foreseeable future and reinstated if conditions change. x x x x
Police
Reduce Police Officer
Recruitment Incentives 40,000 40,000 Yes Yes No No
Eliminate the Police Officer hiring bonus and return starting pay to Step 1 for new hires. This would not affect current employees or those who have already signed contracts with the City. These incentives were introduced in 2023 in response to significant staffing vacancies and a highly competitive hiring environment. The department is now fully staffed and recruitment conditions have improved, making these measures less necessary at this time. These changes can be revisited if vacancy rates or hiring conditions change in the future. x x x x
Information
Technology
Additional IT Software
Upgrades 28,015 18,002 Optional No No No
Upgrade the City's geographic information system from the current non-ESRI platform to an ESRI GIS solution under the Small Local Government Enterprise Agreement Program. The City's current GIS platform cannot integrate with the online tools City staff use to deliver services to the public, a gap identified by City Gate as a significant barrier to operational efficiency. Transitioning to ESRI GIS would remove this integration barrier and enable more effective service delivery across departments. x x x
City Manager
Eliminate Holiday Light
Installation 5,000 5,000 Yes No No No
Eliminate funding for seasonal holiday light installation along the San Pablo Avenue commercial corridor. This change will result in the corridor no longer having City-funded holiday lighting during the holiday season. x x x
City Manager
Eliminate News and Views
Newsletter 13,000 13,000 Yes No No No
Eliminate the twice-yearly News and Views newsletter, which is currently mailed to all City residents. The City will continue to communicate with residents through other channels, though the physical mailed newsletter will no longer be produced or distributed. x x x
Recreation
Eliminate Some Recreation
Special Events 50,000 50,000 Yes No No No
Cancel the pancake breakfast, Spring Tea Party, and Play Like a Girl+ special events. Staff capacity previously dedicated to these events will be redirected toward strengthening and growing core Recreation programs to increase enrollment and service capacity. Camp Ravencliff has already transitioned to the YMCA.
x x x
Recreation
Eliminate Most Contract
Janitorial Services 20,000 20,000 Yes No No Yes
Significantly reduce contract janitorial services, retaining only a limited portion. This service has primarily been used to cover for staff absences and complete periodic deep cleaning projects. Regular janitorial operations will continue to be handled by City custodial staff.
Legal
Mandate
Health &
Safety Explanation
Scenario
Department Description
Fiscal Impact
Permanent
Union
Negotiation
Agenda Packet Page 124 of 528
x x x
City Manager
Manage Social Media In-House -
Eliminate Communications
Support 45,000 45,000 Yes No No No
Eliminate the contract with an outside communications firm for social media management, shifting this work to existing City staff. This reduces ongoing contract costs, with some slight service reductions in public information efforts anticipated. x x x
Human Resources
Centralize Employee
Recognition and Meal
Expenses in Human Resources 35,275 35,250 Yes No No No
Reduce and centralize discretionary meal spending, with City-organized staff events coordinated through Human Resources to ensure consistency and equity across all departments. Reimbursements for meal costs will be limited to those required by labor agreements or associated with approved training activities.
x x x
Recreation Standardize Uniforms 10,000 10,000 Yes Possible No No Standardize Recreation Department staff uniforms to a consistent design used year over year, rather than designing and purchasing new shirts annually. The City is required by labor agreements to provide a minimum number of shirts per employee. Savings come from both returning staff electing to keep existing shirts and improved inventory management, as unused shirts can carry over to the next year rather than going to waste. This change also could reduce textile waste citywide by eliminating some discarding of outdated uniforms. x x x
City Council
Cancel Council Retreat
Facilitator 17,500 16,500 Yes No No No
Eliminate the annual contract for a professional facilitator for the City Council's annual priority-setting retreat, with staff facilitating the meeting instead. A neutral third-party facilitator supports productive dialogue and allows all City Council members and staff to participate fully without one party managing the process.
x x x
City Council
Eliminate Advisory Member
Recognition Dinner 5,000 5,000 Yes No No No
Eliminate the annual dinner recognizing City advisory body members. This was eliminated during budget cuts around the COVID-19 pandemic, and recently reinstated.
x x x
Recreation
Reduce Evening Part-Time
Facility Attendants 12,000 12,000 Yes No No Possible
Reduce part-time facility attendant staffing at the Community Center during evening and weekend hours. Facility attendants support customer service, safety, and asset protection when the public is using City facilities after hours. Program instructors are generally able to maintain minimum standards in their absence, though the reduction will increase demands on custodial staff and may limit the City's capacity to offer some programs.
x x x
Police
Cancel New Drone Purchase
and Reduce Police Technology
Budget 18,000 43,000 Yes No No Yes
Cancel the planned purchase of a new Police Department drone and reduce select technology support budgets, including software that assists officers with report writing. The drone would have expanded the department's capacity to respond to in-progress incidents and investigations. The report writing software reduction is not expected to have a significant impact on daily operations. x x
City Council
Decrease City Council Travel
and Training 5,000 5,000 Yes No No No
Reduce the individual travel and training budget for each City Council member from $5,000 to $4,000 annually, for a total reduction across all five members. Funding for the Mayor's allowance and New Mayor/Councilmember Academy remains unchanged. x x
Community
Development
Permanently convert building
division to contract services 210,000 210,000 Yes Yes No No Permanently convert the Building Division to contract services, formalizing the existing service delivery model. The Building Division has operated using contract staffing for several years, and this change would not represent a major operational shift for residents or applicants.
However, this change also decreases the total budget for the building division and could result in longer wait times and shorter counter hours.
This structural change would still require labor negotiations and a formal procurement process to establish a long-term contract. x x
Recreation
Eliminate General Fund
Contribution for 4th of July 50,000 50,000 Yes No No No Remove the General Fund contribution to the Fourth of July celebration. The event has existing reserved fund balance that would sustain it in the near term, but would rely increasingly on donations and sponsorships over time. The event could likely continue, but may be reduced in scale, including potential elimination of the worldOne stage. x x
City Manager
Eliminate Grant Writing
Services 18,000 18,000 Yes No No No
Eliminate the contract with California Public Policy Group for grant writing services on behalf of the City. While staff will continue to manage existing awarded grants, this reduction would diminish the City's capacity to identify and apply for new grant opportunities in the future. x x
City Manager Eliminate Lobbying Services 60,000 60,000 Yes No No No Eliminate the contract with California Public Policy Group for state and federal lobbying services. This firm has played an important role in securing federal earmarks and advocating on legislation that could have significant financial and operational impacts on the City. x x City Manager/
Citywide
Eliminate El Cerrito Stars
Internship Program 23,000 - Yes No No No
Eliminate the EC Stars program, which places paid high school interns across City departments each summer. In addition to the community benefit of providing local youth with professional work experience, the program supports departmental capacity during the summer season.
This option would not be available for reduction until FY 2027-28 as the current program year is already underway. x x x
Public Works
Reduce Landscape
Maintenance Services - Level 1 30,000 10,000 No No No Yes Reduce the Rubicon landscaping contract, with impacts scaling across the two budget years. In FY 2026-27, contract services would be eliminated at several residential streetscapes and Fire Station 52, and mowing frequency on the Ohlone Greenway would be reduced from eight to five times per year. In FY 2027-28, additional contract services would be eliminated at City Hall, the Public Safety Building, the Library, Madera and Portola Clubhouses, Moeser Lane medians, and hillside vegetation management areas. Public Works maintenance staff would assume reduced-frequency landscape services at affected locations, though City staff are generalists and do not have the specialized equipment or expertise of a dedicated landscaping contractor. Residents can expect a visible and progressive decline in maintenance standards at affected locations over time.
x x
Public Works
Reduce Landscape
Maintenance Services - Level 2 30,000 30,000 No No No Yes In addition to the reductions described in Level 1, this option further reduces the Rubicon contract. At this cumulative reduction level, service frequency would be partially reduced at the Swim and Community Center, athletic fields, and San Pablo Avenue medians and streetscapes, beyond the impacts already described in Level 1. Public Works maintenance staff would absorb additional landscape responsibilities at affected locations. Note that exact service impacts at this cumulative level are still being confirmed with Rubicon; actual impacts may vary modestly from this description.
Agenda Packet Page 125 of 528
x x
Public Works
Reduce Landscape
Maintenance Services - Level 3 45,000 65,000 No No No Yes In addition to the reductions described in Levels 1 and 2, this option represents the maximum feasible reduction to the Rubicon contract. At this cumulative level, Rubicon landscape, irrigation, and litter removal services would be completely suspended at City Hall, the Public Safety Building, the Recycling Center, Fire Station 52, the Library, Madera and Portola Clubhouses, Moeser Lane medians, and several residential streetscapes. Rubicon would suspend irrigation repairs throughout the City and would need to lay off one full-time employee. Public Works maintenance staff would assume landscape services at suspended locations, and Rubicon service frequency would be reduced by 50% at the Swim and Community Center, all City parks and athletic fields, San Pablo Avenue and other avenue medians, and the full length of the Ohlone Greenway. Public Works maintenance staff would provide services at affected locations at 50% of current frequency. Across the City, residents can expect increased litter accumulation, taller weeds, less trimmed shrubbery, and longer grass on athletic fields and throughout City green spaces. Landscape conditions can reasonably be expected to degrade progressively the longer this reduction remains in place. x
Non-Departmental
Eliminate Additional Library
Hours 101,307 96,213 Yes No No No
Reduce weekly library open hours from 46 to 40 by eliminating the six City-funded additional hours currently offered each week. The County funds the baseline 40-hour schedule. The six additional hours are currently spread across Tuesday, Wednesday, and Thursday. Eliminating these hours would return the library to the County-funded baseline schedule, with Tuesday hours reduced from 10am-8pm to 12pm-8pm, and Wednesday and Thursday hours reduced from 10am-8pm to 10am-6pm.
Police Peregrine Software Package 50,000 51,000 Yes No No Yes Peregrine is a data analysis program used by most law enforcement agencies in Contra Costa County. It allows all reports to be submitted electronically to the District Attorney's office, reducing reliance on paper-based processes. The system acts as an analytical tool, bringing together information from multiple databases enabling investigators to make links between cases more quickly. The program interfaces with body-worn and vehicle camera systems, records management data, and surrounding agencies. Due to budget constraints, this addition is not recommended at this time.
Recreation
Contract Out All Custodial
Services and Decrease Level of
Service 85,000 80,000 Yes Yes No Yes
Contract out janitorial functions currently performed by City custodial staff, which would require eliminating two to three filled positions. The City would retain a reduced number of in-house facility attendants to continue handling event and meeting setup and breakdown across City facilities, as these functions require on-site City staff and are not suited for a contracted janitorial arrangement. Estimated savings are approximately equal to one full-time position cost, as contract services would need to partially backfill the eliminated roles. This option would require extensive labor negotiations and may result in reduced service levels compared to current in-house staff. This option is not recommended.
Human Resources
Require Employee
Contribution Toward
Dependent Medical Premiums 228,852 - Yes Yes No Yes
Require employees to contribute 10% of the cost of dependent medical and dental coverage, while the City continues to cover the full cost of employee-only premiums. Currently, the City pays the full premium cost for all employees and their dependents. Under this structure, an employee with one dependent would contribute approximately $47.90 per paycheck, or an estimated $1,245.50 annually. An employee covering a full family would contribute approximately $92.42 per paycheck, or an estimated $2,402.94 annually. This change would require renegotiation of existing labor agreements with all employee groups and would represent a significant shift in the City's compensation structure. Staff also evaluated possible savings from different contribution rates and only having unrepresented employees contribute. This option is not recommended.
Police
Department Reorganization -
Revive Traffic Sergeant Position 29,313 27,141 Yes Yes No Yes ECPD is proposing to revive the Traffic Sergeant position. This supervisor would be responsible for helping develop and implement traffic safety strategies, apply for and administer traffic related grants, review traffic collisions, supervise traffic officers and community safety officers, and collaborate with other City departments on traffic safety projects. This position is also considered an enforcement position, and the staff member would engage in traffic safety enforcement. Due to budget constraints, this addition is not recommended at this time.
City Council
Manage Audio/Visual
Production of City Council
Meetings In-House 11,330 10,300 Yes No No No
Bring audio/visual production of City Council meetings in-house, eliminating the annual contract with the City of Pinole for this service.
However, realized savings are likely to be partially or fully offset by staff time and overtime costs. Given that City IT staff are already at capacity, this option is not recommended.
Human Resources
Require Employee
Contribution of 5% Toward
Medical Premiums 221,356 199,036 Yes Yes No Yes
Require all employees to contribute 5% of their total medical and dental premium costs, including employee-only coverage. Currently, the City pays the full premium cost for all employees and their dependents. This change would apply to all employee groups and would require renegotiation of existing labor agreements. Staff also evaluated different contribution rates, only having unrepresented employees contribute, or only having new employees contribute. This option is not recommended.
Human Resources
Freeze Cost-of-Living
Adjustments for All Employees 1,907,418 788,586 No Yes No No Freeze negotiated cost-of-living adjustments (COLAs) for all employee groups for two years. All current labor agreements include COLAs that have already been negotiated and approved, so this change would require reopening every agreement. A COLA freeze is not a permanent solution - falling behind peer agencies in compensation leads to catch-up costs in future years, as the City experienced following a similar period of compression that required a significant Classification and Compensation study in recent years. Staff also evaluated only freezing COLAs for unrepresented employees. This option is not recommended.
Human Resources
Decrease Cost-of-Living
Adjustments by 1% for All
Employees 624,874 255,885 No Yes No No
Reduce negotiated cost-of-living adjustments (COLAs) by 1% per year for all employee groups for two years. All current labor agreements include COLAs that have already been negotiated and approved, so this change would require reopening every agreement. Reducing COLAs rather than freezing them entirely still results in the City falling behind peer agencies in compensation over time, creating catch-up costs in future years, as the City experienced following a similar period of compression that required a significant Classification and Compensation study in recent years. Staff also evaluated only decreasing COLAs for unrepresented employees. This option is not recommended.
City Council
Eliminate City Council Member
iPads 3,600 3,600 Yes No No No
Eliminate City-provided iPads and associated service costs for City Council members. These devices are the primary technology provided to Council members for conducting official City business, including reviewing staff reports, correspondence, and other City Council-related functions. Council members would need to use personal devices for official City business, raising potential security and records retention considerations. This option is not recommended.
Agenda Packet Page 126 of 528
City Council
Eliminate Memberships in
Regional Partnership and
Advocacy Organizations 31,576 31,030 Yes No No No
Withdraw from one or more of five regional and statewide membership organizations: the Contra Costa County Mayors Conference and City Selection Committee, the League of California Cities (Cal Cities) and Cal Cities East Bay Division, the National League of Cities (NLC), the Association of Bay Area Governments (ABAG), and the East Bay Wildfire Coalition of Governments. Together these memberships support regional advocacy, intergovernmental cooperation, appointments to regional boards and agencies, and the City's voice in county, state, and federal policy processes. Withdrawal would be particularly notable given that El Cerrito's Mayor currently serves as Cal Cities President and the City Manager serves on the Cal Cities Board, roles that provide the City with significant influence over statewide municipal policy. Given El Cerrito's location in the East Bay Hills, withdrawal from the Wildfire Coalition would also reduce the City's ability to coordinate with neighboring jurisdictions on wildfire preparedness and resilience. This option is not recommended.
City Council
Eliminate Zoom Webinar
Subscription 3,900 3,740 Yes No Yes No
Eliminate the City's Zoom Webinar subscription. This option is not feasible, as new state law (SB 707) requires the City to provide hybrid meeting access for City Council meetings. Eliminating this subscription would place the City out of compliance with state mandates. This option is not recommended.
Community
Development
Eliminate Senior Program
Manager - Affordable Housing 217,954 201,788 Yes No No No Eliminate the Senior Program Manager position overseeing the City's affordable housing and economic development programs, including the Rent Registry, Neighborhood Preservation Program, Business License collection, front counter services, and liaison relationships with nonprofit housing providers, business organizations, the Economic Development Committee, and the Chamber of Commerce. This position also supports business attraction, retention, and relationships with property owners, and manages large grants that bring significant outside funding to the City, though the position itself is General Fund supported. Elimination would require Planning staff to absorb a broad range of responsibilities and would risk the City falling out of compliance with its own General Plan, Affordable Housing Strategy, and Housing Element.
Given the breadth of City Council priorities this position supports and the compliance risks associated with its elimination, this option is not recommended.
Community
Development
Eliminate Senior Program
Manager - Sustainable
Transportation 207,446 192,040 Yes No No No
Eliminate the Senior Program Manager position supporting the City's transportation program, including complete streets, transportation demand management, local road safety, transit-oriented development improvements, and the City's upcoming parking program. This position manages large transportation grants that bring significant outside funding to the City, though the position itself is General Fund supported.
Elimination would require Public Works staff to absorb this work on top of existing responsibilities, and many initiatives would be unable to proceed. The City would fall behind on multimodal transportation improvements affecting both safety and long-term mode shift goals. Given the breadth of City Council priorities this position supports and the grant funding it manages, this option is not recommended.
Community
Development Eliminate Maker's Fair Event 1,500 1,500 Yes No No No Eliminate the Maker's Fair, held twice yearly along San Pablo Avenue, which draws approximately 25 vendors and 800 visitors per event. The event supports the City's Strategic Plan goals around livability and community belonging by activating San Pablo Avenue and City Hall spaces, showcasing local creative businesses, and fostering community connection. At $750 per event, the cost is modest relative to the community engagement it generates and the support it provides to the City's licensed home occupation businesses and creative economy. This option is not recommended.
Community
Development Eliminate Bike to Work Event 1,250 1,250 Yes No No No Eliminate the annual Bike to Work event, which draws approximately 400 cyclists to the Ohlone Greenway downtown hub. For a modest investment, the event supports the City's Climate Action Plan and mode shift goals, engages regional partners including 511 Contra Costa, Bike East Bay, and AC Transit, and leverages in-kind support from local businesses. It also provides an opportunity for Police Department and Public Works and Community Development staff to connect directly with the bicycling community. This option is not recommended.
Community
Development
Eliminate Flavor Fest and
Economic Development
Committee Events 1,000 1,000 Yes No No No
Eliminate City-organized events such as Flavor Fest that support local small businesses, promote a shop local culture, and highlight El Cerrito as a destination for customers and new businesses. These events are organized by the City in partnership with the Economic Development Committee and represent a modest investment in business vitality and community engagement along commercial corridors. This option is not recommended.
Fire
Brown Out Station 52 During
Staffing Vacancies 900,000 900,000 No Yes No Yes
Browning out Station 52 to reduce costs during staffing vacancies shifts budget pressure directly onto public safety. These absences are a normal and unavoidable part of operating a fire department, but they do not reduce the community's need for emergency response. Fires, medical emergencies, vehicle accidents, and simultaneous incidents will continue to occur regardless of staffing gaps. When Station 52 is browned out, the demand for service does not disappear; it is transferred to neighboring companies, which must travel farther, experience delayed response times, and operate with reduced reserve capacity. This increases risk to both the public and responding personnel. Backfill overtime used to cover vacancies is not wasteful spending; it is the necessary cost of maintaining minimum emergency service levels.
Reducing backfill costs by browning out Station 52 eliminates expense by reducing service levels. Additionally, this approach creates an imbalance between jurisdictions. While El Cerrito residents would experience reduced service, Kensington would continue to receive the same level of response coverage at a lower cost. In effect, El Cerrito taxpayers would be subsidizing Kensington services while absorbing the reduction in their own service delivery. This option is not recommended.
Fire
Downgrade Training Battalion
Chief to Training Captain 82,494 - Yes Yes No Yes
Downgrade the Training Battalion Chief (BC) position to a Training Captain by moving the Prevention Captain into the training role through attrition. This change would require meet-and-confer with Local 1230, as it involves changes to job requirements and working conditions. It could create a rank inversion, with a Captain overseeing training requirements for Battalion Chiefs. The City would effectively be short one Battalion Chief, reducing the department's ability to provide Acting Fire Chief coverage when the Fire Chief is unavailable and limiting operational flexibility to cover vacations, illness, and other absences. Additionally, this change would decrease revenue from the Kensington contract while only saving the City approximately two-thirds of the budget reduction, as the same level of services would still be required under the contract. This option is not recommended.
Agenda Packet Page 127 of 528
Fire
Eliminate Training Battalion
Chief Position 440,000 - No Yes No Yes
Eliminating the Training Battalion Chief (BC) position would not eliminate the responsibilities it carries. The Training BC is the department's central point of accountability for firefighter hiring, recruit onboarding, promotional testing, required recurring training, deployment readiness, and command-level support. The position also coordinates with Contra Costa County Operational Area, California Incident Command Certification System (CICCS), and Joint Apprenticeship Committee (Cal-JAC) structures, ensuring personnel meet qualification and deployment standards. Removing the position would scatter these responsibilities across line Battalion Chiefs and command staff who already carry full operational workloads, creating delay, inconsistency, and increased organizational risk. The Training BC also serves as Acting Fire Chief when the Fire Chief is unavailable; eliminating the position would reduce the department's command capacity and operational flexibility. This option is not recommended.
Police
Eliminate 2 Traffic Officers, 2
Detectives, 1 Patrol Officer (5
Sworn Officers) 860,000 860,000 Yes Yes No Yes
Reduce sworn Police Department staffing from 37 to 32 officers through layoff, a reduction of approximately 14%. This level of reduction would have significant public safety consequences for El Cerrito residents. Eliminating dedicated traffic officers would end targeted traffic safety enforcement; patrol officers would assume traffic enforcement on a discretionary basis. Based on prior periods of reduced staffing, traffic citations would be expected to decline significantly, with an associated reduction in traffic fine revenue. The elimination of two Detective positions would reduce the department's capacity to investigate crimes, likely resulting in fewer arrests and lower case clearance rates. Response times would be expected to increase as patrol staffing is stretched across existing service demands. Based on historical patterns at comparable agencies and the City's own experience with prior staffing reductions, officer departures to more stable agencies are likely, compounding the staffing reduction beyond the positions directly eliminated. This option is not recommended.
Police
Eliminate 2 Traffic Officers and
1 Detective (3 Sworn Positions) 516,000 - Yes Yes No Yes Reduce sworn Police Department staffing from 37 to 34 officers through layoff, a reduction of approximately 8%. This reduction would have meaningful public safety consequences, particularly for traffic safety and criminal investigations. Eliminating dedicated traffic officers would end targeted traffic safety enforcement; patrol officers would assume traffic enforcement on a discretionary basis. Based on prior periods of reduced staffing, traffic citations would be expected to decline significantly, with an associated reduction in traffic fine revenue. The elimination of one Detective position would reduce investigative capacity and is likely to affect case clearance rates. Based on historical patterns at comparable agencies and the City's own experience with prior staffing reductions, officer departures to more stable agencies are a risk, potentially compounding the staffing reduction beyond the positions directly eliminated. This option is not recommended.
Public Works
Pause Annual Tennis Court
Resurfacing 9,000 9,000 No No No Yes
Pausing annual tennis court resurfacing would increase the deferred maintenance backlog, leading to higher long-term costs through emergency repairs, premature asset failure, and increased court downtime. This would also negatively impact rental revenue generated by the courts. This option is not recommended.
Public Works Reduce Building Maintenance 15,000 15,000 No No No Yes Reducing building maintenance services across City facilities would add to the existing deferred maintenance backlog, leading to higher longterm costs through emergency repairs, premature asset failure, and increased facility downtime. This option is not recommended.
Public Works
Decrease Professional
Services for Facilities 32,100 28,900 No No No Yes
Reducing professional services support for City facilities and parks would limit the City's capacity to evaluate conditions and implement repair projects, adding to the existing deferred maintenance backlog and increasing long-term costs through delayed repairs and accelerated asset deterioration. This option is not recommended.
Recreation
Eliminate Most Free and LowCost Senior Programs 13,000 13,000 Yes No No Yes Eliminate most free and low-cost senior programming, including the volunteer appreciation lunch, Café Costa senior lunch program, senior socials, holiday events, Older Americans Month celebrations, and pottery sale, among others. These programs provide important informal socialization opportunities for El Cerrito seniors. Elimination would free up staff capacity for other Recreation Department functions but would leave seniors with significantly fewer City-supported opportunities for community connection. This option is not recommended.
Human Resources
Freeze Five Vacant Positions
for Two Years 858,981 791,978 No No No Possible
Hold five current vacancies unfilled for up to two years, including one Police Officer, one Police Records Specialist, one Firefighter, one Recreation Administrative Assistant, and one Recreation Supervisor overseeing childcare programs. While vacancy holds can provide shortterm budget relief without requiring layoffs or labor negotiations, this approach would reduce service levels and place additional strain on existing staff. For public safety positions in particular, extended vacancies risk affecting response times and investigation timelines, and may require backfill or overtime that partially offsets projected savings. This option is not recommended.
Agenda Packet Page 128 of 528
City of El Cerrito
Budget Study Session
May 5, 2026
Agenda Packet Page 129 of 528
Presentation Outline
Recommended Action
Scenario Review and Discussion
About Target Based Budgeting
Budget Development Process
2 Agenda Packet Page 130 of 528
Process Overview
• Development of preliminary revenue and expenditure projections for FY 2026-27 and FY 2027-28
• Target Based Budgeting to identify initial budget cuts, possible budget solutions, and develop baseline budget
• Departments made significant cuts across budget lines in addition to the further proposed cuts with each scenario
• Finance and City Manager's Office (CMO) develop budget balancing scenarios
• Detailed list of solutions considered but not recommended is available in Attachment 2 the staff report
• Detail of all scenarios available in staff report and two attachments 3 Agenda Packet Page 131 of 528
Target-Based Budgeting
• Target-Based Budgeting (TBB) is a budget methodology that focuses on available revenue rather than
prior year spending
• Endorsed by the Government Finance
Officers Association (GFOA)
• Central budget authority sets
spending targets for departments;
departments develop proposals within
those targets
• Reduces "budget games" and
encourages departments to identify
efficiencies
• How El Cerrito used TBB:
• Finance developed status quo
projection incl. deficit of $1.4M in FY
2026-27 and $2M in FY 2027-28
• Spending targets assigned to each
department based on expenditure
share, staffing levels, and cost
recovery ratios
• Departments submitted proposals;
Finance and CMO evaluated
feasibility and impacts
• Solutions assessed against criteria
including health and safety,
community impacts, legal mandates,
labor implications, revenue impacts,
and alignment with Council priorities
4 Agenda Packet Page 132 of 528
Reserves Policy
• General Fund reserve targets
• Emergency and Disaster Recovery Fund (EDRF): 13% of GF Expenditures
• Unrestricted General Fund: 17% of GF Expenditures
• City Council may adopt a deficit budget as long as reserves do not fall below 10%
• If reserves fall below 10%, City must adopt a restoration plan • Section 115 pension trust (~$3M)
• Separate from General Fund reserves
• Designated for pension obligations
5 Agenda Packet Page 133 of 528
Budget Balancing
Scenarios
6 Agenda Packet Page 134 of 528
Scenario Overview
• All four scenarios achieve a balanced operating budget in FY 2026-27 and FY 2027-28
• Differences between scenarios:
• Depth of service reductions
• Approach to funding fire engine (one-time capital cost) • Long-range General Fund reserve outlook
• All are fiscally viable
• New contributions to long-term infrastructure, vehicle and equipment replacement • Departments already absorbed several hundred thousand dollars in internal cuts and changes
• Scenarios represent an additional layer of decisions with real service trade-offs 7 Agenda Packet Page 135 of 528
Scenario Overview
• Scenario A: Highest service levels; limited long-term contributions; one- time fund balance used for both fire engine payments; reserves stay above 26%
• Scenario B: Moderate service reductions; strong long-term infrastructure contributions in both years; one-time fund balance for second fire engine payment only; reserves stay above 26% • Scenario C: Significant program and service reductions; strong long-term infrastructure contributions in both years; no use of one-time reserves; fire engine funded through internal service fund contributions; reserves above 30% in both budget years and above 29% in all forecasted years • Scenario D: Same as Scenario C plus elimination of City-funded additional library hours; reserves above 30% in all projected years 8 Agenda Packet Page 136 of 528
Scenario Overview
Operating Budget Surplus (Deficit) One-Time Fire Engine Expense* Total Fund Balance Change Lowest Reserve
Level Projected
FY 2026 –
FY 2026-27 FY 2027-28 FY 2026-27 FY 2027-28 FY 2026-27 FY 2027-28 FY 2038 Original
Estimates (1,772,233) (2,181,493) (301,061) (882,539) (2,073,294) (3,064,032) 0% Pre-Solution
Baseline (14,504) (325,708) (301,061) (882,539) (315,56) (1,208,247) 21% Scenario A 9,496.22 48,292.29 (301,061.00) (882,539.00) (291,564.78) (834,246.71) 26% Scenario B 335,246.22 21,067.29 (301,061.00) (882,539.00) 34,185.22 (861,471.71) 26% Scenario C 773,246 462,067 (750,000) (433,600) 23,246 28,467 29% Scenario D 869,459 563,375 (750,000) (433,600) 119,459 129,775 30% 9 *Scenarios C and D front-load costs in FY 2026-27 through an internal service fund Agenda Packet Page 137 of 528
Changes in All Scenarios
• Additions:
• Technology infrastructure investment
($140K)
• Reductions:
• Updated overhead cost allocation
• Special revenue fund utilization for
allowable costs ($125K in Scenario A;
higher in Scenarios B, C, D)
• Police Officer recruitment incentives
and marketing ($48k)
• Citywide non-personnel reductions
across departments (supplies,
equipment, professional services,
maintenance)
• Internal Service Fund and Long- Term Planning Contributions:
• Vehicle and equipment replacement
ISF ($440K)
• Small Fire Department vehicle
replacement ($100K)
• Fire Department large vehicle and
equipment replacement ($50K; FY
2026-27 only in Scenario A)
• Deferred maintenance and capital
infrastructure ISF ($300K; FY 2026-27
only in Scenario A)
10 Agenda Packet Page 138 of 528
Scenario A – Detail and Forecast
11 • Highest level of services of the four scenarios
• Contributions to CIP and Vehicle/Equipment ISF in FY 2026-27 only • Fire engine funded using one-time General Fund reserves in both years ($301K FY 2026-27 / $883K FY 2027-28) • Reserves projected to reach a low of approximately 26% Agenda Packet Page 139 of 528
Scenario B - Detail
• Long-term infrastructure and vehicle/equipment replacement contributions ($450K new in both years in addition to ISF restructure of $440K - $890K total set aside) • Reduce professional communications and facilitation support ($75K) • Reduce Recreation special events and contract janitorial services ($82K) • Reduce Rubicon landscape maintenance contract ($10K FY 2026-27 / $30K FY 2027-28 cumulative)
• Reduce administrative support and supplies, centralize employee recognition through HR ($45K)
• Reduce Police software and equipment budget, including canceling planned drone purchase ($168K FY 2026-27 / $143K FY 2027-28)
• Eliminate advisory board recognition dinner and holiday lighting on San Pablo Avenue ($10K)
• Fire engine FY 2026-27 payment absorbed in operating budget; FY 2027-28 payment of remaining $883K funded through one-time reserves 12 Agenda Packet Page 140 of 528
Scenario B – Forecast
13 • Balanced operating budget, significant contributions for long-term expenses • Balance of service cuts with use of one-time funds for one-time expense • Reserves projected to reach a low of approximately 26% in FY 2029-30 Agenda Packet Page 141 of 528
Scenario C – Detail
All Scenario B reductions apply, plus:
• Increase landscape maintenance reduction to $105K annually -- complete suspension of Rubicon services at City Hall, Public Safety Building, Recycling Center, Fire Station 52, Library, Madera and Portola Clubhouses, Moeser Lane medians, and residential streetscapes; 50% reduction in service frequency across parks, athletic fields, medians, and the Ohlone Greenway citywide
• Eliminate grant writing and lobbying services contract with California Public Policy Group ($78K)
• Reduce City Council travel and training by $1k per member ($5K total) • Eliminate EC Stars High School Internship Program ($23K FY 2027-28 only) • Elimination of General Fund contribution to 4th of July event • Permanently convert Building Division to contract services, formalizing existing service model ($210K)
• Fire engine funded entirely through internal service fund contributions ($750K FY 2026-27 / $433,600 FY 2027-28), front-loading costs in year one to avoid deeper cuts in year two 14 Agenda Packet Page 142 of 528
Scenario C – Forecast
15 • Achieves a strong reserve position through significant service reductions • No use of one-time General Fund reserves in either year • Reserves above 30% in both budget years; projected to remain above 29% in all forecasted years Agenda Packet Page 143 of 528
Scenario D – Detail and Forecast
16 All Scenario C reductions apply, plus:
• Eliminate six City-funded additional weekly library hours, returning to County-funded baseline 40-hour schedule ($100K annually)
• No use of one-time General Fund reserves in either year • Reserves projected above 30% in all projected fiscal years Agenda Packet Page 144 of 528
Requested Action
Select preferred budget balancing scenario for staff to develop for consideration and adoption in June 2026
17 Agenda Packet Page 145 of 528
Thank you!
18 Agenda Packet Page 146 of 528
AGENDA BILL
Agenda Item No. 9.B.
Date: May 5, 2026
To: El Cerrito City Council
From: Paul Keith, Chief of Police, El Cerrito Police Department Subject: Flock Safety Agreement
ACTION PROPOSED
Adopt a resolution authorizing the City Manager to enter into an agreement with Flock Safety for the provision of license plate reading cameras to the City for a period of up to three years at a cost not to exceed $315,000.
SUMMARY
This item was continued by the City Council from the April 21, 2026 Council Meeting to the May 5, 2026 Council Meeting. This agenda bill is intended to again provide an overview of the background of the installation of Flock cameras in the City of El Cerrito, and discuss the proposed renewal agreement from Flock Safety that was provided to the City Council on April 21, 2026.
BACKGROUND
In March 2023, the City Council authorized a resolution to enter into an agreement with Flock Safety for the installation of forty (40) license plate reading (LPR) cameras. On June 7, 2023, Flock Safety began installing cameras at locations across El Cerrito. On August 4, 2023, the El Cerrito Police Department (ECPD) began administering the program.
The LPR system is designed to serve two purposes, as an early warning system and as an aid to criminal investigations. As an early warning system, the cameras monitor vehicles entering the City and compare them to a statewide “hot list.” When the system detects a wanted vehicle that matches the “hot list,” it sends an alert to police officers who confirm the hit and attempt to intercept the vehicle. Importantly, this warning system also alerts officers to the potential presence of dangerous offenders, providing them with critical officer safety information. As an investigative aid, the system takes photographs of the rear of vehicles and retains those records for 30 days. Investigators can search for images, in support of a criminal investigation, to help identify vehicles used in the commission of a crime and link those vehicles to suspects.
The system detects approximately 12,280 vehicles each day and generates an average of 247 alerts each day, based off hot list matches. The system is designed to easily share information with other law enforcement agencies. Currently, the City of El Cerrito shares LPR data with 318 California law enforcement agencies and has access to 281 Flock Safety LPR databases in the state.
Agenda Packet Page 147 of 528
Agenda Item No. 9.B.
In January 2026, El Cerrito Police Department staff members began a thorough audit of Flock system use, following news reports of unwanted federal and out-of-state sharing in the cities of Mountain View and Richmond. Staff found that during the initial installation period, between June 7, 2023, and August 4, 2023, the El Cerrito system was searchable by out-of-state and federal agencies. After August 4, 2023, staff members found that two federal agencies, the United States Postal Inspection Service (USPS) and the Loma Linda Healthcare Systems Veterans Affairs Police (VA Police), had limited periods in which they could search the El Cerrito system. California law, Civil Code Section 1798.90.55, prohibits sharing LPR data, except with other California law enforcement agencies.
Staff met with Flock Safety representatives and learned that out-of-state sharing was common during Flock Safety installations during 2023. Flock Safety has fixed this problem in the current version of their software. Flock Safety representatives also reported that the company corrected the system configuration that allowed the USPS and VA Police to query El Cerrito data. Flock Safety asserted that they are confident the current version of their software will not allow federal and out-of-state sharing for California agencies.
Following revelations about access to the LPR database, ECPD staff held a public meeting on March 10, 2026, in the meeting room of Hana Gardens, 10860 San Pablo Avenue. The meeting lasted for two hours and approximately twenty (20) community members attended. The purpose of the meeting was to receive feedback, answer questions, and hear concerns about the Flock Safety LPR system.
Community members expressed concerns over the possibility that the Federal government could secretly access LPR data, under the auspices of FISA Section 702, and then later use that data to imprison people. This law is focused on investigations into international terrorism and the acquisition of weapons of mass destruction and prohibits targeting of United States persons. They also suggested that the City or Flock Safety should hire third party auditors to review LPR audit logs for federal access.
Community members worried that the system might be used in violation of the Fourth Amendment’s protection against unreasonable search and seizure. Some of those present voiced concerns over software and hardware security, audits, data sharing, affordability, and oversight. Some community members voiced their support for the continued use of the system, following the conclusion of the meeting.
To address concerns about sharing and access, the ECPD posted redacted network and organizational audit logs online to the ECPD Public Records Archive. The LPR coordinator is now responsible for auditing all system usage at the conclusion of each month and authoring a report to the Chief of Police.
The LPR system has become a staple of El Cerrito investigations. It has played a role in at least sixty-four (64) arrests and three hundred twenty-four (324) criminal cases. This number is a conservative estimate. The system has helped identify suspects in many cases that might otherwise have gone undetected, including a fatal hit-and-run.
Agenda Packet Page 148 of 528
Agenda Item No. 9.B.
An LPR system signals to a community that a city has invested in technology to not only solve crime, but to prevent it as well. Because the system alerts officers to the presence of stolen and wanted vehicles, their intervention efforts likely prevent the drivers of those vehicles from committing crimes in El Cerrito. The El Cerrito LPR system has contributed to solving serious offenses in El Cerrito, including the following examples:
• September 2023, Armed Robbery – The armed suspect approached the victim on Richmond St., fired a bullet into the air, and stole the victim’s Rolex watch.
The suspect fled in a Dodge Charger. Detectives used the LPR system to link the suspect with other armed robberies in the region. The detectives connected the vehicle to a suspect, and he is currently in custody out of state, awaiting extradition to California.
• December 2023, Murder – The LPR system provided valuable information about the movement of a homicide suspect, residing in El Cerrito, both before and after he murdered the victim in Capitola, CA. The suspect was convicted of murder. • March 2024, Burglary – Three suspects, operating in two teams, burglarized a tobacco store in El Cerrito. Two of the suspects used a truck to ram the front of the store. The third suspect acted as a lookout in another vehicle. Patrol officers, aided by the California Highway Patrol, apprehended two of the suspects during their response to the call. Detectives used LPR cameras during the follow-up investigation to identify and apprehend the lookout.
• May 2024, Felony Hit and Run – The LPR system helped investigators confirm the identity of a hit-and-run driver after she ran over a pedestrian at the intersection of Cutting Blvd. and San Pablo Ave. The driver was charged with felony hit-and-run.
• July 2024, Vehicular Manslaughter, Hit and Run – The system helped investigators identify a suspect vehicle following a fatal hit-and-run collision on San Pablo Ave., near the intersection with Central Ave. Once the vehicle was identified, detectives used the system to locate the vehicle and owner the following day in Concord, CA. After interviewing the owner, detectives identified and apprehended the driver of the vehicle, on the night of the crime. The driver was convicted of vehicular manslaughter.
• February 2025, Armed Home Invasion Robbery – Officers responded to a home invasion robbery, during which two armed suspects woke residents at gunpoint after breaking into their house just before midnight. The following day, patrol officers located video surveillance footage of the suspect's vehicle and found matching records in the LPR system. Investigators used the LPR system to locate the suspect's vehicle later that day, in Dixon, CA. Investigators apprehended one of the suspects asleep inside the car.
• December 2025, Robbery – Investigators used LPR footage to match possible suspects with a robbery. During the robbery, one suspect grabbed the victim, stole her phone, and then threw her to the ground, injuring her head. Detectives followed a lead from Berkeley Police that helped them connect the suspects and the suspect's vehicle to the El Cerrito crime. The suspects are currently wanted for the crime.
Agenda Packet Page 149 of 528
Agenda Item No. 9.B.
• January/February 2026, Burglary Series – Officers and Detectives used the LPR system to identify two separate groups of residential burglary suspects, targeting houses in El Cerrito and neighboring cities. ECPD Detectives apprehended one group of suspects and charged them with residential burglary.
Detectives continue to work with neighboring departments to apprehend the other burglary crew.
• March 2026, Auto Burglary Series – Detectives identified a suspect vehicle following vehicle burglaries during the night in El Cerrito. After Richmond Police located and towed the vehicle, detectives recovered property for multiple victims, including a $7,000 East Bay Regional Parks Fire Department portable radio, stolen from the personal vehicle of a firefighter in El Cerrito.
In El Cerrito, the LPR system supports every major criminal investigation. In 2025, El Cerrito experienced a historically significant decline in three serious crime categories.
The City experienced the lowest levels of burglary and vehicle theft in 40 years. El Cerrito also experienced the second-lowest level of robbery during the same period.
Compared to the year 2022, the last full year without license plate reading cameras, clearance rates have increased dramatically in the crime categories of robbery, assault, burglary and larceny. A crime is considered “cleared” when the suspect is arrested. The clearances rates, listed in the chart below, represent the percentage of cases cleared by the El Cerrito Police Department in 2022 and 2025. The final column represents the percentage increase in clearances in those categories.
Crime 2022 Clearance
Rate
2025 Clearance
Rate
Change
Robbery 19.35% 37.74% 95% increase
Assault 32.94% 45.71% 38% increase
Burglary 6.6% 11.29% 71% increase
Larceny 4.94% 14.42% 191% increase
On April 6, 2026, staff discussed the Flock Safety renewal with the Community Safety Committee at their regularly scheduled monthly meeting. The Committee unanimously voted to endorse renewing the contract with Flock Safety.
ANALYSIS
The current agreement with Flock Safety expires on June 6, 2026. The agreement has an auto-renewal clause with a thirty (30) day cancellation requirement. If the City does not intend to renew the existing agreement, staff must communicate this intent before May 6, 2026.
Agenda Packet Page 150 of 528
Agenda Item No. 9.B.
Flock Safety has presented a three-year renewal proposal, for an annual cost of $105,000 and a total agreement cost of $315,000. This agreement would continue the operation of the current LPR system. The proposed agreement is $1,500 more, per year, than the existing agreement of $103,500 annually. A copy of the existing Flock Safety Master Services Agreement (Attachment 2) and the renewal proposal (Attachments 3 and 4) are included with this agenda item.
The ECPD has collaborated closely with Flock Safety on system improvements and operation. The current version of the system is well suited to the demands of California Law Enforcement agencies. Multifactor authentication protects user accounts. Users affirm acknowledgments on login that their use of the system will comply with California law as it relates to prohibitions on immigration and reproductive rights enforcement.
Flock Safety appears to have corrected the issues that ECPD identified with unintended access from the USPS and VA Police. The ECPD continues to work with Flock Safety to ensure that appropriate measures are considered to address concerns raised by the City Council, City staff, and the public.
The latest proposal included a significant new provision, Section 4.3 – Unauthorized Sharing. This section acknowledges Flock Safety’s role in preventing unauthorized access, disclosure, or use of City data. It also specifies how Flock Safety will share data, if legally compelled. In the event that Flock causes an unauthorized sharing event, Flock agrees to pay a penalty to the City in the sum of Thirty-Four Thousand Five Hundred Dollars ($34,500) for each violation. This penalty does not apply to disclosures made pursuant to lawful processes, emergencies, or regulatory compulsion, or as a result of circumventing Flock Safety’s controls.
Staff has continued to negotiate with Flock Safety on the new Master Service Agreement following the April 21, 2026 City Council meeting. Flock Safety has additionally provided an option for a one-year agreement (Attachment 6), with an autorenewal as outlined in the new Master Services Agreement. A one-year agreement would allow the City the opportunity to evaluate the effectiveness of Flock Safety's security enhancements with more limited risk. However, a one-year agreement might subject the City to price increases in following years that would be locked in with a three-year agreement.
Staff recommends that the City Council authorize staff to enter into a renewal agreement with Flock Safety using the updated Master Service Agreement as proposed. The City Council has the option to consider a three-year renewal term or a one-year renewal term.
Agenda Packet Page 151 of 528
Agenda Item No. 9.B.
STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal(s) of:
• Community Safety by using a system that actively contributes to crime reduction and officer safety through hot list alerts and increases the likelihood that crime will be solved by acting as a valuable investigative aid.
ENVIRONMENTAL CONSIDERATIONS
Flock Safety cameras are powered by solar panels.
FINANCIAL CONSIDERATIONS
This agreement would obligate the City to pay a total of $315,000 over the three-year term (FY 2026-27 through FY 2028-29) or $105,000 over a one-year term (FY 2026-27), depending on which quote the City accepts. The City would pay this amount in three annual payments of $105,000 or one annual payment of $105,000. Future year funding will be included in the proposed annual budget and is subject to City Council approval of annual appropriations. The funding source is currently projected to be from the C.O.P.S. grant fund (222), which has a projected ending fund balance of $153,056 for fiscal year 2026. The C.O.P.S. grant fund typically generates a minimum of $100,000 in grant funding annually.
LEGAL CONSIDERATIONS
The Office of the City Attorney has reviewed and approved the proposed agreements as to form.
Reviewed by:
Karen Pinkos, City Manager
Attachments:
1. Resolution - 3 Year Term
2. Existing Agreement
3. Proposed Renewal Agreement
4. Quote - 3 Year Term
5. Resolution - 1 Year Term
6. Quote - 1 Year Term
7. Presentation
Agenda Packet Page 152 of 528
Agenda Item No. 9.B.
Attachment 1
RESOLUTION 2026-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FLOCK GROUP INC.
TO PROVIDE AUTOMATED LICENSE PLATE READER CAMERAS FOR AN AMOUNT NOT TO EXCEED $315,000 BETWEEN JUNE 7, 2026 AND JUNE 7, 2029.
WHEREAS, the City of El Cerrito faces significant impacts from property and violent crime; and
WHEREAS, the majority of violent crimes and burglaries involve the use of motor vehicles; and
WHEREAS, Automated License Plate Reader camera systems have proven to be a tool to reduce crime and increase crime clearance rates; and WHEREAS, Flock Group Inc. has demonstrated that its product meets the operational requirements of the El Cerrito Police Department; and WHEREAS, the El Cerrito Police Department has a need for a reliable and proven investigative aid.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that it hereby authorizes the City Manager to enter into an agreement with Flock Group Inc. to provide automated license plate reader cameras for an amount not to exceed $315,000 between July 7, 2026 and June 7, 2029.
BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon passage and adoption.
I CERTIFY that at a regular meeting on May 5, 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 153 of 528
FLOCK GROUP INC.
SERVICES AGREEMENT
ORDER FORM
This Order Form together with the Terms (as defined herein) describe the relationship between Flock Group Flock Agency Party
Order Form
attached Terms
(collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.
Effective
Date
Agency: City of El Cerrito
Legal Entity Name: City of El Cerrito
Contact Name: Paul Keith
Address:
10900 San Pablo Ave
El Cerrito, California 94530
Phone: 510-215-4425
E-Mail: [email protected]
Expected Payment Method: Invoice/Check
\FSExpectedPaymentMethod1\
Billing Contact: \FSBillingContact1\
(if different than above)
Initial Term: 36 months
Renewal Term: 12 months
Billing Term: Annual payment due Net 90 per terms
and conditions
Agenda Item No. 9.B.
Attachment 2
Agenda Packet Page 154 of 528
Professional Services and One-Time Purchases
Name Price/Usage Fee QTY Subtotal
Professional Services - Standard Implementation Fee $350.00 30.00 $10,500.00 Professional Services - Advanced Implementation
Fee
$750.00 10.00 $7,500.00
Hardware and Software Products
Annual recurring amounts over subscription term
Name Price/Usage Fee QTY Subtotal
Falcon $2,500.00 40.00 $100,000.00
Flock Safety Advanced Search $3,500.00 40.00 $3,500.00
Subtotal Year 1: $121,500.00
Subscription Term: 36 Months
Annual Recurring Total: $103,500.00
Estimated Sales Tax: $0.00
Total Contract Amount: $328,500.00
Agenda Packet Page 155 of 528
I have reviewed and agree to the Customer Implementation Guide on Schedule B at the end of this agreement.
\FSInitials1\
By executing this Order Form, Agency represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below.
FLOCK GROUP, INC. Agency: City of El Cerrito
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
Karen Pinkos
Title:
\FSTitle2\
Title:
City Manager
Date:
\FSDateSigned2\
Date:
Attest:
Name:
Title:
City Clerk
Approved
as to form:
Name:
Title:
City Attorney
Agenda Packet Page 156 of 528
GOVERNMENT AGENCY AGREEMENT
Agreement between Flock Group, Inc.
Flock City of
El Cerrito Agency Party
Parties
RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution for automatic license plates, Flock Service
Flock Services are capable of capturing audio, video, image, and recording data and can provide notifications to Agency upon the instructions of Non- Notifications
WHEREAS, Agency desires access to the Flock Service on existing cameras, provided by Agency, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, including those from Non-Agency End Users of the Flock Service (where there is an investigative or bona fide lawful purpose) such as schools, neighborhood homeowners associations, businesses, and individual users;
WHEREAS, Flock deletes all Footage on a rolling thirty (30) day basis, excluding Wing Replay which is deleted after seven (7) days. Agency is responsible for extracting, downloading and archiving Footage from the Flock System on its own storage devices for auditing for prosecutorial/administrative purposes; and WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide Permitted Purpose
AGREEMENT
NOW, THEREFORE, Flock and Agency agree that this Agreement, and any addenda attached hereto or referenced herein, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.
1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this Section 1.
Advanced Search
applications, which utilize advanced evidence delivery capabilities including convoy analysis, multi-geo search, visual search, cradlepoint integration for automatic vehicle location, and common plate analysis.
Agency Data
avoidance of doubt, the Agency Data will include the Footage.
Agenda Packet Page 157 of 528
1.3 means the messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, other information or materials posted, uploaded, displayed, published, distributed, transmitted, broadcasted, or otherwise made available on or submitted through the Wing Suite.
Agency Hardware -party camera owned or provided by Agency and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.
Aggregated Data of individuals, from which any
available standards to irreversibly alter data in such a way that a data subject (i.e., individual person or impersonal entity) can no longer be identified directly or indirectly.
Authorized End User(s)
using the Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement.
Deployment Plan
Flock Hardware, and/or other relevant Services required under this Agreement.
Documentation entation, whether in electronic or printed format, that describe the features, functions and operation of the Services which are provided by Flock to Agency in accordance with the terms of this Agreement.
Embedded Software irmware embedded or preinstalled on the Flock Hardware or Agency Hardware.
Falcon Flex -free, location-flexible license plate reader camera that enables the Agency to self-install.
Flock Hardware s or device, pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services.
Flock IP ded Software, the Installation Services,
and any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection with the foregoing.
Agenda Packet Page 158 of 528
Flock Safety Falcon -free license plate reader camera that utilizes Vehicle Fingerprint technology to capture vehicular attributes.
Flock Safety Raven -time alerting to law
enforcement based on programmed audio events such as gunshots, breaking glass, and street racing.
Flock Safety Sparrow -free license plate reader camera for residential roadways that utilizes Vehicle Fingerprint technology to capture vehicular attributes.
Footage mages, video, audio and other data captured by the Flock Hardware or Agency Hardware in the course of and provided via the Services.
1.18 Hotlist(s)
vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes. Hotlist also includes, but is not limited to, national data (i.e. NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.
1.19 Implementation Fee(s) means the monetary fees associated with the Installation Services, as defined below.
Installation Services installation of Agency Hardware
and/or Flock Hardware, including any applicable installation of Embedded Software on Agency Hardware.
Non-Agency End User(s)
Services through the Web Interface, under the rights granted to pursuant to the terms (or to those materially similar) of this Agreement.
Services Flock Services
applications for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.
Support Services
Usage Fee ongoing access to Services.
Agenda Packet Page 159 of 528
Web Interface
Users can access the Services, in accordance with the terms of this Agreement.
Wing Suite which provides real-time access to the Flock Services, location of Flock Hardware, Agency Hardware, third-party cameras, live-stream video, Wing Livestream, Wing LPR, Wing Replay, alerts and other integrations.
Wing Livestream -time video integration with third-party cameras via the Flock interface.
Wing LPR -
Technology for license plate capture.
Wing Replay al awareness encompassing Footage retention, replay ability, and downloadable content from Hot Lists integrated from third-party cameras.
Vehicle Fingerprint
make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.
2. SERVICES AND SUPPORT
2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a nonexclusive, non-transferable right to access the features and functions of the Services via the Web Interface administrator, listed on the Order Form, and any Authorized End Users to access and download via the Web Interface for thirty (30) days. Authorized End Users will be required to sign up for an account and select a User ID
accessing and using the Services. Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable comply with such
provisions. Flock may use the services of one or more third parties to deliver any part of the Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage) which makes the Services available to Agency and Authorized End Users. Warranties provided by liability with regard to such third-party services, including without limitation hosting the Web Interface.
Agenda Packet Page 160 of 528
Agency agrees to comply with any acceptable use policies and other terms of any third-party service provider that are provided or otherwise made available to Agency from time to time.
2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, nonexclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Flock Hardware or Agency Hardware; in each case, solely as necessary for Agency to use the Services.
2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a nonexclusive, non-transferable right and license to use the Documentation during the Term in connection with its use of the Services as contemplated herein, and under Section 2.5 below.
2.4 Wing Suite License. Subject to all terms of this Agreement, Flock grants Agency a limited, nonexclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Wing Suite software and interface.
2.5 Usage Restrictions.
2.5.1 Flock IP. The permitted purpose for usage of the Flock Hardware, Agency Hardware, Documentation, Services, support, and Flock IP are solely to facilitate gathering evidence that could be used Permitted Purpose
not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Services or Flock IP; (vi) use the Services, support, Flock Hardware, Documentation, or the Flock IP for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, under Sections 2.1, 2.2, 2.3, or 2.4.
2.5.2. Flock Hardware. Agency understands that all Flock Hardware is owned exclusively by Flock, and that title to any Flock Hardware does not pass to Agency upon execution of this Agreement. Except for Falcon Flex products, which are designed for self-installation, Agency is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware.
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Notwithstanding the notice and cure period set for in Section 6.3, Agency agrees and understands that in the event Agency is found to engage in any of the restricted actions of this Section 2.5.2, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination (without opportunity to cure) for material breach by Agency.
2.6 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for le discretion. There are no implied rights.
2.7 Suspension.
2.7.1 Service Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may ck IP or
Flock Service if Flock reasonably determines that (a) there is a threat or attack on any of the Flock IP by Flock IP or any other customer or vendor of Flock; (c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Agency has violated any term of this provision, including, but not limited to, utilizing the Services for anything other than the Permitted Purpose; or (e) any unauthorized Service Suspension
any remedy for the Service Suspension period, including any reimbursement, tolling, or credit.
2.7.2 Service Interruption.
Services to Agency or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; Service Interruption commercially
reasonable efforts to provide written notice of any Service Interruption to Agency and to provide updates regarding resumption of access to Flock Services. Flock will use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Agency or any Authorized End User may incur as a result of a Agenda Packet Page 162 of 528
the actions of parties associated with the Agency, the expiration of the Term will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day) prorated for the Service Interruption lasting five (5) continuous days, Agency will receive a credit for five (5) free days at the end of the Term.
2.8 Installation Services.
2.8.1 Designated Locations. For installation of Flock Hardware, excluding Falcon Flex products, prior to performing the physical installation of the Flock Hardware, Flock shall advise Agency on the location and positioning of the Flock Hardware for optimal license plate image capture, as conditions and location allow.
Flock may consider input from Agency regarding location, position and angle of the Flock Hardware Designated Location
Designated Locations. Flock shall have final discretion on location of Flock Hardware. Flock shall have no liability to Agency resulting from any poor performance, functionality or Footage resulting from or otherwise Locations, in ordering and/or having the Designated Location ready for installation including having all electrical work preinstalled and permits ready, if necessary. After installation, any subsequent changes to the Reinstalls -current list price for Reinstalls, as listed in the then-current Reinstall policy (available at https://www.flocksafety.com/reinstall-fee-schedule) and any equipment fees. For clarity, Agency will receive prior notice and provide approval for any such fees. These changes include but are not limited to re-positioning, adjusting of the mounting, re-angling, removing foliage, replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like. Flock shall have full discretion on decision to reinstall Flock Hardware.
2.8.2 Agency Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the installation work. Although Flock Hardware is designed to utilize solar power, certain Designated Locations may require a reliable source of 120V or 240V AC power. In the event adequate solar power is not available, Agency is solely responsible for costs associated with providing a reliable source of 120V or 240V AC power to Flock Hardware. Flock will provide solar options to supply power at each Designated Location.
If Agency refuses recommended solar options, Agency waives any reimbursement, tolling, or credit for any suspension period of Flock Services due to low solar power. Additionally, Agency is solely responsible for (i) any permits or associated costs, and managing the permitting process of installation of cameras or AC power; (ii) any federal, state, or local taxes including property, license, privilege, sales, use, excise, gross receipts, or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with Agenda Packet Page 163 of 528
respect to the installation of the Flock Hardware, its use (excluding tax exempt entities), or (iii) any other supplementary cost for services performed in connection with installation of the Flock Hardware, including but not limited to contractor licensing, engineered drawings, rental of specialized equipment, or vehicles, third-party personnel (i.e. Traffic Control Officers, Electricians, State DOT-approved poles, etc., if necessary), Agency Installation Obligations e event that a Designated Location for Flock Hardware requires permits, Flock may provide the Agency with a temporary alternate location for installation pending the permitting process. Once the required permits are obtained, Flock will relocate the Flock Hardware from the temporary alternate location to the permitted location at no additional cost. Without being obligated or taking any responsibility for the foregoing, Flock may pay and invoice related costs to Agency if Agency did not address them prior to the execution of this Agreement or a third party requires Flock to pay. Agency represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation.
2.8.3 Installation of Flock Hardware shall be installed in a workmanlike manner in dures, and the installation will be completed within a
reasonable time from the time that the Designated Locations are confirmed. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Following the initial obligation to perform installation work shall cease; however, for the sole purpose of validating installation, Flock will continue to monitor the performance of Flock Hardware for the length of the Term and will receive access to the Footage for a period of seven (7) business days after the initial installation for quality control and provide any necessary maintenance. Labor may be provided by Flock or a third-party. Flock is not obligated to install, reinstall, or provide physical maintenance to Agency Hardware. Notwithstanding anything to the contrary, Agency understands that Flock will not provide installation services for Falcon Flex products.
2.8.4 Ownership of Hardware. Flock Hardware shall remain the personal property of Flock and will be removed upon the natural expiration of this Agreement at no additional cost to Agency. Agency shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Flock may sustain as a result
remedy or right.
2.9 Hazardous Conditions.
Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such Agenda Packet Page 164 of 528
hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless.
2.10 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations Monitoring Services efforts to respond to requests for support.
Flock will provide Agency with reasonable technical and on- On-Site Services -person or by email at [email protected], at no additional cost. Notwithstanding anything to the contrary, Agency is solely responsible for installation of Falcon Flex products. Agency further understands and agrees that Flock will not provide monitoring services or on-site services for Falcon Flex.
2.11 Special Terms. From time to time, Flock may offer certain special terms related to guarantees, service and support which are indicated in the proposal and on the Order Form and will become part of this Agreement, Special Terms
Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.
2.12 Upgrades to Platform. Flock may, in its sole discretion, make any upgrades to system or platform that it c) such platform or
upgrades are necessary from time to time and will not materially change any terms or conditions within this Agreement.
3. RESTRICTIONS AND RESPONSIBILITIES
3.1 Agency Obligations. Flock will assist Agency Authorized End Users in the creation of a User ID. Agency agrees to provide Flock with accurate, complete, and updated registration information. Agency may not select as its Use
impersonate that person. Agency may not transfer its account to anyone else without prior written permission of Flock. Agency will not share its account or password with anyone and must protect the security of its account and password. Unless otherwise stated and defined in this Agreement, Agency may not designate Authorized End Users for persons who are not officers, employees, or agents of Agency. Authorized End Agenda Packet Page 165 of 528
Users shall only use Agency-issued email addresses for the creation of their User ID. Agency is responsible for any activity associated with its account. Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Agency facilities, as well as by means of assistance from Agency personnel to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services.
3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use the Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content. Although Flock Services it believes may be (or alleged to be) in violation of the foregoing.
4. CONFIDENTIALITY; AGENCY DATA
4.1 Confidentiality. To the extent allowable by applicable FOIA and state-specific Public Records Acts, each Receiving Party Disclosing Party
disclose
Proprietary Information
non-public information regarding features, functionality and performance of the Services. Proprietary Information of Agency includes non-public data provided by Agency to Flock or collected by Flock via the Flock Hardware or Agency Hardware, to enable the provision of the Services, which includes but is not limited to geolocation information and environmental data collected by sensors . The Receiving Party agrees:
(i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event will a Party apply less than reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary to send Agency alerts, or to analyze the data collected to identify motion or other events. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable Agenda Packet Page 166 of 528
prior notice of such disclosure to contest such order. For clarity, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock, its users, a third party, or the public as required or permitted by law, including respond to an emergency situation. Flock may store deleted Footage in order to comply with certain legal obligations, but such retained Footage will not be retrievable without a valid court order. Flock agrees to provide agency with notice of such access, use, preservation and/or disclosure prior to release (where commercially reasonable).
4.2 Agency Data. As between Flock and Agency, all right, title and interest in the Agency Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, non-exclusive, royalty-free, worldwide license to (i) use the Agency Data and perform all acts with respect to the Agency Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2.10 above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify, display, and distribute the Agency Data as a part of the Aggregated Data, (ii) disclose the Agency Data (both inclusive of any Footage) to enable law enforcement monitoring for elected law enforcement Hotlists as well as provide Footage search access to law enforcement for investigative purposes only, and (iii) and obtain Aggregated Data as set forth below in Section 4.5. As between Agency and Non-Agency End Users that have prescribed access of Footage to Agency, each of Agency and Non-Agency End Users will share all right, title and interest in the Non-Agency End User Data.
This Agreement does not by itself make any Non-Agency End User Data the sole property or the Proprietary Information of Agency. Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day window to view, save and/or transmit Footage to the relevant government agency prior to its deletion. Notwithstanding the foregoing, Flock automatically deletes Wing Replay after seven (7) days, during which time Agency may view, save and/or transmit such data to the relevant government agency prior to deletion. Flock does not own and shall not sell Agency Data.
4.3 Agency Generated Data in Wing Suite. Parties understand that Flock does not own any right, title, or interest to third-party video integrated into the Wing Suite. Flock may provide Agency with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Wing Suite, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Agency. Agency shall retain whatever legally cognizable right, title, and interest that Agency has in Agency Generated Data. Agency understands and acknowledges that Flock has no obligation to Agenda Packet Page 167 of 528
rated Data. To the extent legally
permissible, Agency grants Flock a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify, display, and distribute the Agency Generated Data for the sole purpose of providing Flock Services. Flock does not own and shall not sell Agency Generated Data.
4.4 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.
4.5 Aggregated Data. Flock shall have the right to collect, analyze, and anonymize Agency Data and Agency Generated Data to create Aggregated Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Agency hereby grants Flock a nonexclusive, worldwide, perpetual, royalty-free right (during and after the Term hereof) to use and distribute such Aggregated Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, other Flock offerings, and crime prevention efforts. Parties understand that the aforementioned license is required for continuity of Services. No rights or licenses are granted except as expressly set forth herein. Flock does not sell Aggregated Data.
5. PAYMENT OF FEES
5.1.1 Software Product Fees. For Order Forms listing Wing Suite, Advanced Search and other software-only products, Agency will pay Flock the fees for the Initial Term (as described on the Order Form attached hereto) on or before the 30th day from the date of invoice. For any Renewal Terms, Agency shall pay invoice on or before the 30th day from the date of renewal invoice.
5.1.2 Hardware Product Fees. For Order Forms listing Falcon, Sparrow, Raven and Falcon Flex products, Agency will pay Flock fifty percent (50%) of the fees for the Initial Term as set forth on the Order Form on or before the 30th day from date of invoice. Upon commencement of installation, Flock will issue an invoice for twenty-five percent (25%) of total fees, and Agency shall pay on or before 30th day following date of invoice. Upon completion of installation, Flock will issue an invoice for the remaining balance and Agency shall pay on or before 30th day following date of final invoice. Flock is not obligated to commence the Installation Services unless and until the first payment has been made and shall have no liability resulting from any delay related thereto. For any Renewal Terms, Agency shall pay the total invoice on or before the 30th day from the date of renewal invoice.
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5.2 Notice of Changes to Fees. Flock reserves the right to change the fees or applicable charges and to institute new charges and fees on subsequent terms
such Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email).
5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for invoices must be received by Flock ninety (90) days after the receipt of invoice. If Agency is a non-taxexempt entity, Agency shall be responsible for all taxes associated with Services other than U.S. taxes based gency must contact
Flock no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Agency acknowledges and agrees that a failure to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a result of such billing error.
6. TERM AND TERMINATION
6.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form and Term
indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set Renewal Term
gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term. a. For Wing Suite products: the Term shall commence upon execution of this Agreement and continue for one (1) year, after which, the Term may be extended by mutual consent of the Parties, unless terminated by either Party.
b. For Falcon and Sparrow products: the Term shall commence upon first installation and validation of Flock Hardware.
c. For Raven products: the Term shall commence upon first installation and validation of Flock Hardware.
d. For Falcon Flex products: the Term shall commence upon execution of this Agreement. e. For Advanced Search products: the Term shall commence upon execution of this Agreement.
6.2 Termination for Convenience. At any time during the agreed upon Term, either Party may terminate this Agreement for convenience. Termination for convenience of the Agreement by the Agency will be effective immediately. Termination for convenience by Agency will result in a one-time removal fee of $500 per Flock Hardware. Termination for convenience by Flock will not result in any removal fees. Upon termination for convenience, a refund will be provided for Flock Hardware, prorated for any fees for the remaining Term length set forth previously. Wing Suite products and Advanced Search are not subject to refund for early Agenda Packet Page 169 of 528
convenience, within a commercially reasonable period of time upon termination. convenience for the purposes of this Section 6.2.
6.3 Termination. Notwithstanding the termination provisions in Section 2.5.2, in the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period. Either Party may terminate this Agreement, without notice, (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business.
Upon termin -rata portion of the pre-paid
fees for Services not received due to such termination.
6.4 No-Fee Term. Flock will provide Agency with complimentary access to Hotlist alerts, as further des No-Fee Term -Agency End User grants Agency access to Footage and/or notifications from a Non-Agency End User, Agency will have access to Non-Agency End User Footage and/or notifications until deletion, subject to a thirty (30) day retention policy for all products except Wing Replay, which is subject to a seven (7) day retention policy. Flock may, in their sole discretion, provide access or immediately terminate the No-Fee Term. The No-Fee Term will survive the Term of this Agreement. Flock, in its sole discretion, can determine to impose a price per No-Fee Term upon thirty (30) -Fee Term or access to future No-Fee Terms upon
6.5 Survival. The following Sections will survive termination: 2.5, 2.6, 3, 4, 5, 6.4, 7.3, 7.4, 8.1, 8.2,
8.3, 8.4, 9.1 and 9.6.
7. REMEDY; WARRANTY AND DISCLAIMER
7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a Defect Defect, Flock shall, or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Flock Agenda Packet Page 170 of 528
Hardware provided that such inspection and test shall occur within a commercially reasonable time, but no longer than seven (7) business days after Agency notifies the Flock of a known Defect. In the event of a Defect, Flock will repair or replace the defective Flock Hardware at no additional cost to Agency. Absent a Defect, in the event that Flock Hardware is lost, stolen, or damaged, Agency may request that Flock replace the Flock Hardware at a fee according to the then-current Reinstall policy (https://www.flocksafety.com/reinstall-fee-schedule). Agency shall not be required to replace subsequently lost, damaged or stolen Flock Hardware, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen Flock Hardware and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted. Flock is under no obligation to replace or repair Flock Hardware or Agency Hardware.
7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 if Agency has misused the Flock Hardware, Agency Hardware, or Service in any manner.
7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of
to provide advance notice in writing or by e-mail of any scheduled service disruption.
7.4 Disclaimer.
FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 9.6.
7.5 Insurance. Before beginning any work under this Agreement, Flock, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Agenda Packet Page 171 of 528
work hereunder by Flock and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Flock shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Flock shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in Flock's bid.
Flock shall not allow any subcontractor to commence work on any subcontract until Flock has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Flock shall maintain all required insurance listed herein for the duration of this Agreement.
Flock
ons employed directly or
indirectly by Flock
shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Flock may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Flock, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
Commercial General and Automobile Liability Insurance.
General requirements. Flock, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
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Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.
Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of Flock; or automobiles owned, leased, hired, or borrowed by Flock c. For any claims related to this Agreement or the work hereunder, Flock shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Flock
it.
d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 da
to the City.
Professional Liability Insurance.
General requirements. Flock, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Any deductible or self-insured retention shall not exceed $150,000 per claim.
Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
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a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Flock must purchase an extended period coverage for a minimum of five years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.
All Policies Requirements.
Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
Verification of coverage. Prior to beginning any work under this Agreement, Flock shall furnish City with complete copies of all policies delivered to Flock by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to Flock beginning work, it shall not waive Flock provide them.
The City reserves the right to require complete copies of all required insurance policies at any time.
Deductibles and Self-Insured Retentions. Flock shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or Flock shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Wasting Policies.
eroded by the cost of defense).
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Waiver of Subrogation. Flock hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Flock agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
subrogation in favor of the entity for
all work performed by Flock, its employees, agents, and subcontractors.
Subcontractors. Flock shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Remedies. In addition to any other remedies City may have if Flock fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Flock
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Flock to stop work under this Agreement or withhold any payment that becomes due to Flock hereunder, or both stop work and withhold any payment, until Flock demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
7.6 Compliance with all Applicable Laws; Nondiscrimination. Flock shall comply with all applicable local, state, and federal laws, regulations, and ordinances in the performance of this Agreement. Flock shall not discriminate in the provision of service or in the employment of persons engaged in the performance of this Agreement on account of race, color, national origin, ancestry, religion, gender, marital status, sexual orientation, age, physical or mental disability in violation of any applicable local, state, or federal laws or regulations.
7.7 Prevailing Wage.
A. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics work in the same trade or occupation in the locality within the state where the work hereby contemplates to be Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Flock or by any subcontractor shall receive the wages herein provided for. Flock shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by Flock to each worker.
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B. An error on the part of an awarding body does not relieve Flock from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770-1775. The Agency will not recognize any claim for additional compensation because of the payment by Flock for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by Flock.
C. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, Flock shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
7.8 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third-Party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, weather conditions or acts of hackers, internet service providers or any other third Party acts or omissions. Force Majeure includes the novel coronavirus Covid-19 pandemic, and the potential spread of variants, which is ongoing as of the date of the execution of this Agreement.
8. LIMITATION OF LIABILITY; NO FEE TERM; INDEMNITY
8.1 Limitation of Liability. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY, FLOCK AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED
TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES,
REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR
LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND
CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR
LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR COST
OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF
CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (C) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (D) FOR CRIME PREVENTION; OR (E) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED Agenda Packet Page 176 of 528
WITH ALL OTHER CLAIMS, EXCEED TWICE THE FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO
THE ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 9.6.
8.2 Non-Liability of Officials, Employees, and Agents. No officer, official, employee or agent of agency shall be personally liable to Flock in the event of any default or breach by Agency or for any amount which may become due to Flock pursuant to this Agreement.
8.3 Additional No-Fee Term Requirements.
LIABILITY, IF ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO-FEE TERM AS DESCRIBED IN SECTION 6.4 EXCEED $100, WITHOUT REGARD TO WHETHER
SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Parties acknowledge and agree that the essential purpose of this Section 8.2 is to allocate the risks under the No-Fee Term described in Section 6.4 and limit potential liability given the aforementioned complimentary service, which would have been substantially higher if Flock were to assume any further liability other than as set forth herein. Flock has relied on these limitations in determining whether to provide the complementary No-Fee Term. The limitations set forth in this Section 8.2 shall not apply to claims or
8.4 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees.
9. INDEMNIFICATION
Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses in connection with any claim or action that arises from an alleged violation of Section 3.1, a breach of this Agree
connection with the Flock system, Flock employees or agent or Non-Agency End Users, or otherwise from ftware, including any
claim that such actions violate any applicable law or third Party right. Although Flock has no obligation to Agenda Packet Page 177 of 528
may be (or alleged to be) in violation of Section 3.1 or this Agreement.
10. MISCELLANEOUS
10.1 Compliance With Laws. The Agency agrees to comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s). In the event Flock is legally compelled to comply with a judicial order, subpoena, or government mandate, to disclose Agency Data or Agency Generated Data, Flock will provide Agency with notice prior to release (where commercially reasonable).
10.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
10.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.
10.4 Entire Agreement. This Agreement, together with the Order Form(s), the then-current Reinstall policy (https://www.flocksafety.com/reinstall-fee-schedule), Deployment Plan(s), and any attached addenda are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein
alter the terms of this Agreement, and any such conflicting terms are expressly rejected. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail.
10.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Agency does not have any authority of any kind to bind Flock in any respect whatsoever.
Flock shall at all times be and act as an independent contractor. Flock does not have any authority of any kind to bind Agency to any contracts or obligations in any respect whatsoever.
10.6 Governing Law; Venue. This Agreement shall be governed by the laws of the State in which the Agency is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of Agenda Packet Page 178 of 528
which the Agency is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.
10.7 Publicity. Upon prior consent from Agency,
trademarks and disclose the nature of the Services provided hereunder in each case in business and
10.8 Export. Agency may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in Federal section 252.2277
use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
10.9 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.
10.10 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.
10.11 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
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AGENCY NOTICES ADDRESS:
10900 SAN PABLO AVE.
EL CERRITO, CA 94530
ATTN:CHIEF OF POLICE
EMAIL: [email protected]
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Agenda Item No. 9.B.
Attachment 3
1. Master Services Agreement
This Master Services Agreement (this “Master Services Agreement”) is entered into by and between Flock Group Inc, with a place of business at 1170 Howell Mill Road NW, Suite 210, Atlanta, GA 30318 (“Flock”), and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”). The Agreement is effective as a binding agreement between the Parties as of the Effective Date.
1. DEFINITIONS
1.1. “Agreement” means this Master Services Agreement, any exhibits attached hereto, the Reinstall Fee Schedule, the Customer Implementation Guide, and each Order Form, each of which is incorporated by reference herein.
1.2. “Applicable Law” means all federal, state, and local laws and regulations, including those related to the recording or sharing of data, video, photo, or audio content, in each case to the extent directly applicable to the respective Party’s performance of its obligations under this Agreement.
1.3. “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Flock Services on behalf of Customer pursuant to the Agreement, who have been (a) granted access to the Flock Services by Customer in its exercise of reasonable discretion relating to the receipt of the Flock Services hereunder by Customer, and (b) from whom Customer has obtained reasonable assurances that they will comply with the access and use and confidentiality terms in the Agreement.
1.4. “Confidential Information” means information that is disclosed by one Party to the other and that the receiving Party knows is confidential to the disclosing Party or that is of such a nature that someone familiar with the type of business of the disclosing Party would reasonably understand is confidential to it. Confidential Information includes financial, product, and other business information of either Party. Notwithstanding the foregoing, Confidential Information does not include information that the receiving Party can demonstrate: (a) is in the public domain or is generally publicly known through no improper action or inaction by the receiving Party; (b) was rightfully in the receiving Party’s possession or known by it prior to receipt from the disclosing Party; (c) is rightfully disclosed without restriction to the receiving Party by a third-party without violation of obligation to the disclosing Party; or (d) is independently developed for the receiving Party by third parties without use of the Confidential Information of the disclosing Party.
1.5. “Customer Data” means all (a) data and information captured by Flock Hardware on behalf of Customer through the Flock Services (e.g., images, audio, and/or video) and the metadata associated therewith, (b) content input into the Web Interface by Customer or its Authorized End Users, and (c) data and information provided to Flock through the Flock Services by third parties at Customer’s direction.
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2 1.6. “Customer Hardware” means the third-party hardware owned, or otherwise provided, by Customer and any other physical elements that interact with the Flock Software to provide the Flock Services.
1.7. “Customer Implementation Guide” means the terms and conditions related to implementation located at https://www.flocksafety.com/implementation-guide.
1.8. “Effective Date” means the date this Master Services Agreement is executed by both Parties.
1.9. “Feedback” means any ideas, advice, recommendations, suggestions, enhancement requests, feedback, or proposals provided by, or on behalf of, Customer or its personnel to Flock related to Flock Property.
1.10. “Flock Software” means the (a) software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware; and (b) the software functionality of the Web Interface that enables system access and use.
1.11. “Flock Hardware” means all Flock device(s) and physical elements provided by Flock in connection with the Flock Services.
1.12. “Flock Property” means the Flock Services, the Flock Software, Flock Hardware, the Web Interface, Flock’s Confidential Information, and all intellectual property or proprietary information therein or otherwise provided to Customer or its Authorized End Users, including Flock’s technology, patents, trade secrets, trademarks, proprietary methods, algorithms, data models, machine learning methods, documentation, and any modifications or improvements. For clarity, Flock Property also includes any derivative works, intermediate or final outputs, analyses, reports, models, or other results generated by or through the Flock Services. Except for the limited ability to access and download Customer Data within the applicable Retention Period, no rights are granted to download, extract, export, or otherwise create or retain copies of such derivative works, outputs, or other elements of Flock Property.
1.13. “Flock Services” means the services provided by Flock under the Agreement as set forth in the applicable Order Form, including access to and use of the Web Interface by Customer and the provision of Flock Software and Flock Hardware.
1.14. “Force Majeure Event” means, with respect to a Party, any event or circumstance, whether or not foreseeable, that was not caused by that Party and any consequences of that event or circumstance.
1.15. “Order Form” means any Flock Order Form entered into by the Parties on the date hereof or following the Effective Date and incorporated herein by reference. Each Order Form will describe the Flock Services to be performed and the period for performance.
1.16. “Permitted Purpose” means a legitimate public safety and/or business purpose, including the awareness, prevention, and prosecution of crime; investigations; and prevention of commercial harm, to the extent permitted by law.
1.17. “Reinstall Fee Schedule” means the fee schedule set forth at https://www.flocksafety.com/reinstall-fee-schedule.
1.18. “Retention Period” means the time period that footage captured by the Flock Hardware or Customer Hardware via the Flock Services and the associated metadata is stored by Flock, as specified in the applicable Order Form.
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3 1.19. “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Flock Services.
2. ACCESS AND USE
2.1. Provision of Access. Subject to compliance with the terms of the Agreement, Flock grants to Customer and its Authorized End Users a limited, non-exclusive, nontransferable right to access and use the Flock Services via the Web Interface during the term of this Agreement, solely for the Permitted Purpose. Customer shall access the Flock Services through the Web Interface only (a) through its Authorized End Users acting within the scope of their service for Customer; (b) for the internal use of Customer; and (c) from and within the United States.
2.2. Authorized End Users. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without Flock’s prior written permission. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer shall be responsible for all acts and omissions of Authorized End Users in connection with their access and use of the Flock Services, including each Authorized End User’s compliance with the terms of the Agreement and Applicable Law. Customer shall terminate any Authorized End User’s access to the Flock Services (a) when such person no longer meets the definition of “Authorized End User;” (b) if conduct by such Authorized End User breaches any term of the Agreement; or (c) upon such Authorized End User’s indictment, arrest, or conviction for any felony offense. Flock may restrict, suspend, or terminate an Authorized End User’s access to the Flock Services if Flock determines, in its reasonable discretion, that such access has an adverse effect on Flock or any of its customers. Customer is responsible for any use of data, information, or services obtained through the Flock Services by Authorized End Users.
2.3. Access and Use Restrictions. Except as expressly permitted under the Agreement, Customer shall not and shall cause its Authorized End Users not to: (a) access or use Flock Property in connection with the provision of any services to third parties; (b) resell, rent, license, lease, provide service bureau or timeshare services, transfer, encumber, copy, distribute, publish, exhibit, transmit or otherwise make available to any third-party any Flock Property; (c) derive specifications from, reverse engineer, reverse compile, disassemble, translate, record, or create derivative works based on Flock Property; (d) use Flock Property in a manner that delays, impairs, or interferes with system functionality for others or that compromises the security or integrity of any data, equipment, software, or system input or output, including introduction of any viruses or malware into the Web Interface; (e) use Flock Property or any part or aspect thereof in violation of Applicable Law or to mislead or harass anyone; or (f) use Flock Property, except as specifically permitted under the Agreement. Use of, or access to, Flock Property not in accordance with the terms of the Agreement is strictly prohibited. Any violation of this Section 2 will cause Flock irreparable and immediate harm, and Flock is Agenda Packet Page 183 of 528
4 entitled to injunctive relief to prevent such violation. In the event of a violation of this Section 2.3, Flock may temporarily suspend Customer and/or any Authorized End User’s access to any portion or all of the Flock Property (a “Service Suspension”).
Customer shall not be entitled to any remedy for any Service Suspension imposed in accordance with the Agreement, including any reimbursement, tolling, or credit.
3. SERVICES AND SUPPORT
3.1. Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours.
Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone, or by email at [email protected] (such services collectively referred to as “Support Services”).
3.2. Service Disruptions. Flock Services may be disrupted in the event that: (a) Flock’s provision of the Flock Services to Customer or any Authorized End User is prohibited by Applicable Law; (b) any third-party services required for Flock’s provision of the Flock Services are interrupted; (c) the Flock Services are being used for malicious, unlawful, or otherwise unauthorized purposes; (d) there is a threat or attack on any Flock Property by a third-party; or (e) there is scheduled or emergency maintenance (“Service Disruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Disruption to Customer, to provide updates, and to resume providing access to the Flock Services as soon as reasonably possible after the event giving rise to the Service Disruption. To the extent the Service Disruption is not caused by Customer’s direct actions or omissions (or those of parties associated with Customer), the term of the Flock Services affected by such Service Disruption will be tolled by the duration of the Service Disruption for any continuous disruption lasting at least one (1) full day. For example, in the event of a Service Disruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the term of the applicable Order Form. The remedy of a credit described in this Section 3.2 will be Customer’s sole and exclusive remedy for the acts or omissions of Flock relating to such Service Disruption.
4. DATA USE AND LICENSING
4.1. Customer Data. As between Flock and Customer, all right, title, and interest in and to Customer Data belong to and are retained by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, perpetual, worldwide license to (a) use and disclose Customer Data to provide the Flock Services; and (b) use Customer Data to support and improve Flock’s products and services. Customer Data will be available for Authorized End Users to access and download via the Web Interface during the applicable Retention Period. For clarity, Flock retains the exclusive right to determine and control the method, timing, format, and medium of such access or delivery, and is not obligated to provide Customer Data in any alternative form, format, or transmission method outside of the Web Interface. To the extent any Customer Data constitutes Personal Information (as defined under Applicable Laws), Flock will process such data in accordance with Applicable Law and the privacy policy set forth at https://www.flocksafety.com/legal/privacy-policy.
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5 4.2. Flock Property. Except for the right to use Flock Property subject to the terms and conditions contained herein, the Agreement does not confer on Customer a license in, ownership of, or interest in Flock Property. Flock developed or acquired Flock Property exclusively at its private expense. As between the Parties, Flock Property and all right, title, and interest in and to it is and will remain the exclusive property of Flock.
4.3. Unauthorized Sharing. Flock acknowledges the importance of protecting the integrity and security of Customer Data and maintains appropriate technical and organizational safeguards designed to prevent unauthorized disclosure, access, or use of Customer Data (“Unauthorized Sharing”). Flock shall comply with its Policy for Responding to Legal Demands for Customer Data (the “Customer Data Policy”), attached hereto as Attachment “A.” Flock shall not disclose, enable access to, or otherwise make available any Customer Data to any unauthorized person or entity, except: (a) where required by applicable law, regulation, subpoena, warrant, or court order, and only in accordance with the Customer Data Policy; (b) in response to an exigent or emergency request consistent with Flock’s Evidence Policy and applicable law; or (c) with Customer’s prior written consent. Access to Customer Data by individuals deputized or seconded to a federal task force, or by federal personnel embedded within a state or local agency, shall not constitute an Unauthorized Sharing under this Section where (i) such individuals are acting under the control, supervision, or credentials of the Customer or another state or local agency with authorized access approved by Customer; and (ii) access to Customer Data that is initiated, authorized, or facilitated by Customer, including Customer’s acceptance of a sharing request or participation in a Lookup tool via the user interface, shall likewise not constitute an Unauthorized Sharing. In the event Flock causes an Unauthorized Sharing, Flock shall pay to Customer, as a penalty, the sum of Thirty Four Thousand Five Hundred Dollars ($34,500) per Violation. For purposes of this Section, a “Violation” means a single, discrete act or incident of unauthorized disclosure or access resulting from Flock’s conduct, irrespective of the volume or number of records, cameras, or data elements involved in that same act or incident. The Parties acknowledge and agree that (i) this penalty is intended to serve as a deterrent to unauthorized sharing of Customer Data, by Flock; (ii) this Section does not apply to any disclosure made pursuant to lawful process, emergency, or regulatory compulsion, or as a result of circumvention of Flock’s controls, and (iii) the penalty set forth herein constitutes Customer’s sole and exclusive remedy for any such Unauthorized Sharing.
5. CONFIDENTIALITY. Each Party shall exercise reasonable care to hold Confidential Information in confidence and not use it or disclose it to any other person or entity, except (a) as permitted under this Agreement or as reasonably necessary for the performance or enforcement of this Agreement; (b) as agreed in writing by the other Party; (c) for the Party’s proper management and administration (provided that it obtains reasonable assurances from all recipients that they will keep the information confidential and use it only for the purpose of its disclosure; and provided further that it is responsible for all acts and omissions of any such recipient in violation of this Section 5); and (d) as required by law, including any direct and valid court order, subpoena for the specific Confidential Information, or other valid legal process, provided that receiving Party shall, to the extent permissible, give the disclosing Party reasonable prior notice of such disclosure. Any violation of this Section 5 may cause the non-violating Party irreparable and immediate harm, and such Party is entitled to injunctive relief to prevent such violation. Upon termination of this Agreement, all Confidential Information will be returned to the disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof.
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6 6. PAYMENT OF FEES
6.1. Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. To the extent the Order Form is silent, Customer shall pay all invoices thirty (30) days from the date of each such invoice. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days following the date of the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of the Flock Services until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right. Customer shall direct all queries regarding billing or payment concerns to [email protected]. Flock may impose a late fee equal to the lesser of (a) 1.5%, or (b) the highest rate permitted by Applicable Law, each month on all amounts overdue beyond ten (10) days, but this charge will not waive or extend any obligation of Customer to make payments when due.
6.2. Notice of Changes to Fees. In the event of any changes to fees, Flock shall provide Customer with sixty (60) days’ notice (email sufficient) prior to the end of the term of the applicable Order Form. Any such changes to fees shall only impact subsequent renewal terms.
6.3. Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order.
If Flock has the legal obligation to pay or collect taxes, including amounts subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoiced to and paid by Customer unless Customer provides Flock a legally sufficient, valid tax exemption certificate authorized by the appropriate taxing authority. Flock shall not charge Customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.
7. TERM AND TERMINATION
7.1. Term. This Master Services Agreement will be effective from the Effective Date and will continue in full force and effect until terminated as set forth herein. The term of each Order Form will be as set forth therein. Unless otherwise indicated on the Order Form, the subscription term of the Order Form shall be tied to the first installation of Flock Hardware, as applicable.
7.2. Termination. Upon termination or expiration of the Agreement or any applicable Order Form, Flock will remove at its sole cost and expense any applicable Flock Hardware within sixty (60) days. If Flock does not accomplish removal within this sixty (60)-day period, Customer shall have the right (but not the obligation) to disconnect, uninstall, and remove the Flock Hardware for storage at a Customer designated facility. Flock Agenda Packet Page 186 of 528
7 shall be responsible for all of Customer’s cost and expenses incurred for removal and storage completed by Customer. Either Party may terminate this Agreement effective upon written notice to the other Party if (a) the other Party defaults in performance of any material provision of the Agreement and such default is not cured within(30) days following written notice describing the specific default; (b) the other Party violates Applicable Law; (c) the other Party files a voluntary petition in bankruptcy or an involuntary petition is filed against it; (d) the other Party is adjudged bankrupt; (e) a court assumes jurisdiction of the assets of the other Party under a federal reorganization act or other statute; (f) a trustee or receiver is appointed by a court for all or a substantial portion of the assets of the other Party; (g) the other Party becomes insolvent, suspends business, or ceases to conduct its business in the ordinary course; (h) the other Party makes an assignment of its assets for the benefit of its creditors; or (i) there are no active Order Forms under this Master Services Agreement. In the event Customer terminates the Agreement pursuant to Section 7.2(a), Flock will refund Customer a pro-rata portion of the pre-paid fees for the Flock Services not received prior to the date of termination.. .
7.3. Survival. The following Sections will survive termination: 1, 4, 5, 6, 7, 8.5, 9, and 11.
7.4. Payment Upon Termination. Upon termination of the Agreement or any Order Form for any reason, Customer shall pay to Flock all amounts due hereunder for all Flock Services rendered through the date of termination in accordance with the terms of the Agreement.
8. REPRESENTATIONS AND WARRANTIES
8.1. Manufacturer Defect. Upon a malfunction or failure of Flock Hardware (a “Defect”), Customer must notify Flock’s technical support team. Flock shall conduct an inspection or test any Customer-reported Defect within seven (7) business days of notification, and Flock shall use commercially reasonable efforts to repair or replace, in Flock’s sole discretion, the defective Flock Hardware at no additional cost to Customer.
8.2. Flock Representations and Warranties. Flock represents and warrants to Customer that (a) the Flock Services, when used properly and as expressly authorized by Flock, do not infringe any valid patent, registered copyright, or other registered intellectual property right under the laws of the United States, provided that Flock makes no warranty to the extent that such infringement results from (i) use of the Flock Services by Customer in combination with any data, software, or equipment provided by Customer or any third party that could have been avoided by use or access of the Flock Services without such data, software, or equipment, or (ii) any breach of an agreement by, or any negligent or other wrongful act or omission of, Customer or any party acting on behalf of Customer; (b) Flock’s personnel will perform the Flock Services in a professional and workmanlike manner; and (b) Flock’s personnel performing the Flock Services will be trained and will perform the Flock Services in all material respects in accordance with prevailing industry standards.
8.3. Customer Representations and Warranty. Customer represents and warrants to Flock that Customer shall use the Flock Services only in compliance with the Agreement, the Permitted Purpose, and Applicable Law.
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8 8.4. Mutual Representations and Warranties. Each Party represents and warrants to the other Party that (a) it has the requisite corporate power and authority to execute and perform its obligations under the Agreement; (b) the person executing the Agreement on its behalf has the authority to bind it hereunder and that such Party’s execution of the Agreement is not in violation of such Party’s bylaws, certificate of incorporation, or other comparable document; (c) the execution, delivery, or performance of the Agreement will not violate or conflict with, require consent under, or result in any breach or default of (i) Applicable Law, or (ii) any covenants or agreements by which such Party or any of its assets are bound; and (d) each Party will comply with Applicable Law.
8.5. Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS. FLOCK DOES NOT WARRANT THAT THE FLOCK SERVICES WILL
BE UNINTERRUPTED OR ERROR FREE NOR DOES IT MAKE ANY WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FLOCK SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 8, THE FLOCK SERVICES ARE PROVIDED “AS IS,” AND FLOCK DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, EXPRESS
OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), WITH RESPECT TO ANY SERVICE OR ITEM PROVIDED HEREUNDER. THIS SECTION 8.5 APPLIES TO THE EXTENT PERMITTED BY LAW.
8.6. Insurance. Flock will maintain the insurance policies set forth on Exhibit A attached hereto.
9. LIMITATION OF LIABILITY. FLOCK’S CUMULATIVE, AGGREGATE LIABILITY IN
CONNECTION WITH, OR ARISING IN ANY WAY OR IN ANY DEGREE FROM, THE
AGREEMENT, FROM THE FLOCK SERVICES, OR OTHERWISE FROM THE ACTS OR
OMISSIONS OF FLOCK WILL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO FLOCK IN THE TWELVE (12) MONTHS BEFORE SUCH CLAIM AROSE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK WILL NOT BE LIABLE
FOR INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSSES; ADDITIONAL OVERHEAD AND PAYROLL; LOST PROFITS OR BUSINESS OPPORTUNITIES; LOSS OF DATA; OR THE COST OF PROCUREMENT OF SUBSTITUTE ITEMS OR SERVICES. THIS SECTION 9 APPLIES TO THE EXTENT PERMITTED BY LAW. Customer hereby acknowledges that the remedies set forth above are reasonable and will not fail of their essential purpose.
10. FLOCK HARDWARE (APPLICABLE ONLY WHERE CUSTOMER HAS LICENSED
FLOCK HARDWARE)
10.1. Flock Hardware. Unless Flock does not remove the Flock Hardware upon termination as provided in section 7.2 above, Customer is not permitted to remove, reposition, reinstall, tamper with, alter, adjust, or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions while the Agreement remains in effect, all warranties herein shall be null and void, and Flock shall be entitled to terminate the Agreement in accordance with Section 7.2(a). Notwithstanding the foregoing, in the Agenda Packet Page 188 of 528
9 event of an emergency or imminent threat to persons or property, Customer may temporarily remove or relocate the affected Flock Hardware, provided that Customer (i) takes reasonable care to avoid damage, (ii) promptly notifies Flock of the removal/relocation, and (iii) makes the Flock Hardware available for reinstallation by Flock as soon as practicable. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may immediately cut off access to the Web Interface and remove Flock Hardware at Flock’s discretion. Such actions, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default, and Flock shall have the right to enforce any other legal remedy or right.
10.2. Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow.
Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan associated with each Order Form (each, a “Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location and will provide alternative options to Customer. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including relocating, re-positioning, adjusting of the mounting, removing foliage, replacement, and/or changes to heights of poles will incur a fee as set forth in the Reinstall Fee Schedule. Customer will receive prior notice and confirm approval of any such fees.
10.3. Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide. Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.
10.4. Replacements In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee as set forth in the Reinstall Fee Schedule. In the event Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that Flock is not liable for any resulting impact to the Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.
10.5. Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, or toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under the Agreement, Flock shall have the right to cease work immediately. Flock shall not cause any hazardous materials to be present or spill onto Customer property.
11. MISCELLANEOUS
Agenda Packet Page 189 of 528
10 11.1. Severability. If any provision of the Agreement is found to be illegal, unenforceable, or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect.
11.2. Assignment. Neither Party may assign the Agreement or any right under the Agreement, in each case by operation of law or otherwise, except as otherwise permitted hereunder without the prior written consent of the other Party, and any attempt to assign the Agreement or any right under the Agreement in breach of the provisions of this Section 11.2 shall be null and void. The foregoing notwithstanding, either Party may assign the Agreement upon written notice to the other Party in connection with (a) any reorganization, conversion, consolidation or merger of such Party, (b) any transaction resulting in the holders (together with their affiliates) of a majority of the voting securities, membership interest or right to appoint a majority of the members of the board of directors or similar governing body of such Party as of immediately prior to such transaction, holding less than such a majority as of immediately after such transaction, or (c) any sale, transfer or exclusive license of all or a majority of the assets of such Party that are pertinent to the Agreement or, in each case of (a) through (c) whether consummated in one transaction or a series of related transactions. For the avoidance of doubt, the assigning Party and the assignee will remain liable jointly and severally for any unperformed obligations under the Agreement or any breach hereof arising prior to the effective date of any assignment of the Agreement. The Agreement is binding on the Parties and their successors and permitted assigns.
11.3. Entire Agreement. The Agreement constitutes the entire agreement between the Parties relating to the Flock Services and supersedes all prior agreements, understandings, and representations relating to the Flock Services. No waiver or modification to the Agreement will be effective or binding unless signed by Customer and a duly authorized representative of Flock, except as otherwise provided herein.
None of Customer’s purchase orders, authorizations or similar documents will alter the terms of the Agreement or be binding upon Flock, and any such terms are expressly rejected. Any mutually agreed purchase order is subject to the terms of the Agreement. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.
11.4. Relationship. The Parties intend that nothing contained in the Agreement be construed to create an agency, partnership, joint venture, employment, or like relationship between the Parties, and their relationship is and will remain that of independent Parties to a contractual service relationship. Neither Party will be liable for the debts or obligations of the other Party.
11.5. Governing Law; Dispute Resolution. The Agreement, and any controversy or claim arising out of or relating to the Agreement (each, a “Dispute”) shall be governed exclusively by, and construed and enforced in accordance with, the laws of the State of California, without regard to its conflicts of laws principles. If any Dispute cannot be settled through direct discussions, the Parties agree to endeavor first to settle such Dispute by mediation administered by the American Arbitration Association under its Agenda Packet Page 190 of 528
11 Commercial Mediation Procedures with the cost to be equally shared by the Parties before resorting to litigation. The Federal District Court in the State of California will be the exclusive venue for any resolution of any Dispute. If the Federal District Court in the State of California does not have subject matter jurisdiction, California state courts shall be the exclusive venue for any resolution of any Dispute. The Parties hereby submit to and consent irrevocably to the jurisdiction of such court for these purposes..
The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.
11.6. Publicity. Flock will obtain Customer’s consent before using Customer’s name or logo in a manner signifying an endorsement of Flock by Customer; provided, however that Flock may refer to Customer as a current customer without first obtaining Customer’s consent.
11.7. Feedback. Any Feedback: (a) is given to Flock without claim of intellectual property right by Customer, (b) by its receipt grants Flock a royalty free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to commercialize, use, and incorporate such Feedback into its software, services, or systems, or use as it otherwise deems necessary or desirable in its business, and (c) will not enable Customer to claim any interest in or ownership of Flock Property.
11.8. Export. Customer may not remove or export from the United States or allow the export or re-export of Flock Property or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section 2.101, the Flock Services, Flock Hardware, and documentation are “commercial items” according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment, or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S.
Government will be governed solely by the terms of the Agreement and will be prohibited except to the extent expressly permitted by the terms of the Agreement.
11.9. Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.
11.10.Conflict. To the extent of a conflict between the Agreement and any applicable statement of work or mutually-agreed purchase order, the Agreement controls unless explicitly stated otherwise. From time to time, Flock may offer certain special terms applicable to the Order Form in which they are included (“Special Terms”). To the extent that any terms of this Master Services Agreement are inconsistent or conflict with the Special Terms set forth in any Order Form, the Special Terms shall control.
Agenda Packet Page 191 of 528
12 11.11.Notices. All notices under the Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. All notices will be provided to the email or mailing address listed in the Order Form.
11.12.Non-Appropriation. All obligations of the Customer under the Agreement which require the expenditure of public funds are conditioned on the availability of said funds appropriated for that purpose. To the extent applicable, if funds are not appropriated for a future fiscal year, Customer shall have the right to terminate the Agreement for non-appropriation at the end of the applicable fiscal year upon thirty (30) days’ written notice to Flock. Customer shall remain responsible for all amounts incurred prior to termination, and non-appropriation shall not be based on discretionary budget decisions or operate as a termination for convenience right.
11.13. Construction. When used in the Agreement, “including” means “including without limitation.”
11.14. Force Majeure.
11.14.1. If a Force Majeure Event prevents a Party from complying with any one or more obligations under the Agreement, that inability to comply will not constitute breach if (a) that Party uses reasonable efforts to perform those obligations; (b) that Party’s inability to perform those obligations is not due to its failure to (i) take reasonable measures to protect itself against events or circumstances of the same type as that Force Majeure Event, or (ii) develop and maintain a reasonable contingency plan to respond to events or circumstances of the same type as that Force Majeure Event; and (c) that Party complies with its obligations under Section
11.14.2. During a Force Majeure Event, the noncomplying Party shall use reasonable efforts to limit damages to the other Party and to resume its performance under the Agreement.
11.15. Third Parties. Except as explicitly set forth herein, none of the provisions of the Agreement will be for the benefit of or enforceable by any third-party.
11.16. Waivers. No failure by a Party to insist upon the strict performance of any term or condition of the Agreement or to exercise any right or remedy hereunder will constitute a waiver.
11.17. Execution. In connection with the Flock Services, a copy of a signed document sent by PDF or fax will be deemed an original in the hands of the recipient. The Agreement may be executed in counterparts and exchanged by electronic means, each of which shall be deemed an original, and both of which together constitute only one agreement between the Parties.
Each Party is signing the Agreement on the date stated below that Party’s signature.
FLOCK GROUP, INC. Customer: CA - El Cerrito PD
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Agenda Packet Page 192 of 528
13 Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
PO Number:
Agenda Packet Page 193 of 528
1 EXHIBIT A
INSURANCE
1. Required Coverage. Flock shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under the Agreement and the results of that work by Flock or its agents, representatives, employees, or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of the Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of the Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees. For the avoidance of doubt, (a) all required insurance limits by Customer can be met through a combination of primary and excess/umbrella coverage, and (b) Flock’s Cyber and Professional Liability/Errors and Omissions insurance has a shared limit of Five Million Dollars (5,000,000) per incident and in the aggregate.
2. Types and Amounts Required. Flock shall maintain the following insurance coverage for the duration of the Agreement:
(a) Commercial General Liability insurance written on an occurrence basis with limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, liability assumed under an insured contract, independent contractors, broad-form property damage, and product and completed operations coverage; (b) Workers Compensation insurance in accordance with statutory limits; (c) Professional Liability/Errors and Omissions insurance with limits of Five Million Dollars ($5,000,000) each claim and in the aggregate;
(d) Commercial Automobile Liability insurance with a combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and (e) Cyber Liability insurance written on a per claim basis with limits of Five Million Dollars ($5,000,000).
Agenda Packet Page 194 of 528
Flock Safety + CA - El Cerrito PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:
Graham Carter
[email protected]
(415) 329-1307
Created Date: 02/09/2026
Expiration Date: 03/11/2026
Quote Number: Q-187597
PO Number:
Agenda Item No. 9.B.
Attachment 4
Agenda Packet Page 195 of 528
Quote
This document is for informational purposes only. Pricing is subject to change.
Bill To: 10900 San Pablo Ave El Cerrito, California 94530 Ship To: 10900 San Pablo Ave El Cerrito, California 94530 Billing Company Name: CA - El Cerrito PD Subscription Term: 36 Months Billing Contact Name: Renewal Term: 06/07/2026
Billing Email Address: Payment Terms: Net 90
Billing Phone: Billing Frequency: Annual - First Year at Signing.
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $105,000.00
Flock Safety LPR Products
Flock Safety LPR, fka Falcon Included 40 Included
Flock Safety FlockOS Add Ons
Flock Safety Advanced Search Included 80 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Subtotal Year 1: $105,000.00
Annual Recurring Subtotal: $105,000.00
Estimated Tax: $0.00
Contract Total: $315,000.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This is not an invoice – this document is a non-binding proposal for informational purposes only. Pricing is subject to change.
Agenda Packet Page 196 of 528
Agenda Packet Page 197 of 528
Product and Services Description
Flock Safety Platform Items Product Description
One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.
Professional Services -
Standard Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.
Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.
Agenda Packet Page 198 of 528
Agenda Item No. 9.B.
Attachment 5
RESOLUTION 2026-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FLOCK GROUP INC.
TO PROVIDE AUTOMATED LICENSE PLATE READER CAMERAS FOR AN AMOUNT NOT TO EXCEED $105,000 BETWEEN JUNE 7, 2026 AND JUNE 7, 2027.
WHEREAS, the City of El Cerrito faces significant impacts from property and violent crime; and
WHEREAS, the majority of violent crimes and burglaries involve the use of motor vehicles; and
WHEREAS, Automated License Plate Reader camera systems have proven to be a tool to reduce crime and increase crime clearance rates; and WHEREAS, Flock Group Inc. has demonstrated that its product meets the operational requirements of the El Cerrito Police Department; and WHEREAS, the El Cerrito Police Department has a need for a reliable and proven investigative aid.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that it hereby authorizes the City Manager to enter into an agreement with Flock Group Inc. to provide automated license plate reader cameras for an amount not to exceed $105,000 between July 7, 2026 and June 7, 2027.
BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon passage and adoption.
I CERTIFY that at a regular meeting on May 5, 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 199 of 528
Flock Safety + CA - El Cerrito PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:
Emily Atzen
[email protected]
+16266606222
Quote Number: Q-202058
Expiration Date: 05/29/2026
Agenda Item No. 9.B.
Attachment 6
Agenda Packet Page 200 of 528
ORDER FORM
Customer: CA - El Cerrito PD Initial Term: 12 Months
Legal Entity Name: CA - El Cerrito PD Renewal Term: 12 Months Accounts Payable Email: [email protected] Payment Terms: Net 90 Address: 10900 San Pablo Ave El Cerrito, California
94530
Billing Frequency: Annual
Retention Period: 30 Days
Hardware and Software Products
Recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $105,000.00
Flock Safety Platform
Flock Safety Platform - Essentials Included 1 Included
Flock Safety LPR Products
Flock Safety LPR, fka Falcon Included 40 Included
Flock Safety FlockOS Add Ons
Flock Safety Advanced Search Included 1 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Subtotal Year 1: $105,000.00
Annual Recurring Subtotal: $105,000.00
Estimated Tax: $0.00
Contract Total: $105,000.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
The Term for Flock Hardware shall commence upon first installation and validation, except that the Term for any Flock Hardware that requires selfinstallation shall commence upon execution of the Agreement. In the event a Customer purchases more than one type of Flock Hardware, the earliest Term start date shall control. In the event a Customer purchases software only, the Term shall commence upon execution of the Agreement.
If Customer is located in any of the state(s) listed at https://www.flocksafety.com/legal/state-required-provisions, the applicable state-required terms set forth therein are incorporated into the Agreement.
Agenda Packet Page 201 of 528
Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $105,000.00
Annual Recurring after Year 1 $105,000.00
Contract Total $105,000.00
*Tax not included
*Tax not included
Agenda Packet Page 202 of 528
Product and Services Description
Flock Safety Platform Items Product Description
Flock Safety LPR, fka Falcon
Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users.
Flock Safety Advanced Search
Advanced Search is an optional upgrade for Law Enforcement Grade Falcon cameras. Advanced Search includes Convoy Analysis, Multi Geo Search, and Visual Search.
Flock Safety Platform - Essentials
An integrated public safety platform that detects, centralizes and decodes actionable evidence to increase safety, improve efficiency, and connect the community.
FlockOS Features & Description
FlockOS Features Description
Community Network Access
The ability to request direct access to feeds from privately owned Flock Safety LPR cameras located in neighborhoods, schools, and businesses in your community, significantly increasing actionable evidence that clears cases.
Unlimited Users Unlimited users for FlockOS
State Network (License Plate Lookup Only) Allows agencies to look up license plates on all cameras opted into the Flock Safety network within your state.
Nationwide Network (License Plate Lookup Only)
With the vast Flock Safety sharing network, law enforcement agencies no longer have to rely on just their devices alone. Agencies can leverage a nationwide system boasting 10 billion additional plate reads per month to amplify the potential to collect vital evidence in otherwise dead-end investigations.
Law Enforcement Network Access The ability to request direct access to evidence detection devices from Law Enforcement agencies outside of your jurisdiction.
Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices Vehicle Fingerprint Search Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.
Insights & Analytics Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports.
Real-Time NCIC Alerts on Flock ALPR Cameras
Receive automated alerts when vehicles entered into established databases for missing and wanted persons are detected, including the FBI's National Crime Information Center (NCIC) and National Center for Missing & Exploited Children (NCMEC) databases.
Unlimited Custom Hot Lists Create a list of vehicles of interest and receive real-time alerts when they’re detected by your Flock LPR cameras.
Agenda Packet Page 203 of 528
By executing this Order Form, Customer represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms of Service located at https://www.flocksafety.com/terms-and-conditions.
The Parties have executed this Agreement as of the dates set forth below.
FLOCK GROUP, INC. Customer: CA - El Cerrito PD
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
PO Number:
Agenda Packet Page 204 of 528
Flock Safety Renewal
Paul Keith
Chief of Police
May 5, 2026
Agenda Item No. 9.B.
Attachment 7
Agenda Packet Page 205 of 528
Project Background
Agenda Packet Page 206 of 528
Master Services Agreement (proposed)
• 1 year
• 3 years
Term Options
• Unauthorized Access Penalty = $34,500
• Unauthorized Access Assurances
• Termination Clause
Major Provisions
Agenda Packet Page 207 of 528
Agenda Packet Page 208 of 528
Agenda Packet Page 209 of 528
Camera v. Cellphone
Agenda Packet Page 210 of 528
Other Regional
Surveillance
• Public Transit
• Airports
• Ferries
• Commute Corridors
• Bridges
• Toll Roads
• Businesses
• Private Residences
Agenda Packet Page 211 of 528
Flock Output
Agenda Packet Page 212 of 528
Agenda Packet Page 213 of 528
9 Agenda Packet Page 214 of 528
10 Case Clearances 2022-2025
Crime 2022 Clearance Rate 2025 Clearance Rate % Change
Robbery 19.35% 37.74% 95% increase
Assault 32.94% 45.71% 38% increase
Burglary 6.6% 11.29% 71% increase
Larceny 4.94% 14.42% 191% increase
Agenda Packet Page 215 of 528
Use Cases -
Traffic
Agenda Packet Page 216 of 528
Use Cases - Criminal
Agenda Packet Page 217 of 528
Flock Safety Renewal
Paul Keith
Chief of Police
May 5, 2026
Agenda Packet Page 218 of 528
CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94530
Telephone (510) 215-4305 Fax (510) 215-4379 http://www.elcerrito.gov
REVISED SUPPLEMENTAL AGENDA MATERIALS
CITY COUNCIL MEETING
May 5, 2026
(revised 5/6/2026)
REGULAR CITY COUNCIL MEETING (6:00 PM)
Public Comments (Not on the Agenda and Consent Calendar) Additional Public Comments
Agenda Item No. 4 – FIRST PUBLIC HEARING ON TRANSITION TO DISTRICT-BASED
ELECTIONS
Presentation
Agenda Item No. 9.B. – Flock Safety Agreement
1. Flock Safety Policy
2. Additional Public Comments
3. Revised Presentation
4. Public Comments Received After 2 p.m.
Agenda Packet Page 219 of 528
Allow sender | Block sender
From: Gaia Sonatina
To: City Clerk
Subject: Public Comment May, 5th 2026
Date: Tuesday, May 5, 2026 1:31:39 PM
Caution! This message was sent from outside your organization.
Dear Council Members,
My name is Gaia Sonatina and I have lived in El Cerrito since 2019, and I get around town primarily on foot and by bike. My two young children also navigate town on bike and we are constantly on edge when moving through streets that so blatantly ignore the protection of their most vulnerable users.
As you know from my previous comments, I desperately desire a more inclusive and comprehensive bike and pedestrian system.
I hope you have taken the time to review and consider the report recently submitted by the EC/RA Walk and Roll. It calls for absolute right of way at key intersections along the Greenway. I implore you to do all that is in your power to see this request to fruition before another life is changed forever.
Thank you,
Gaia
--
Gaia
Additional General Public Comments
Agenda Packet Page 220 of 528
Allow sender | Block sender
From: Stuart Sonatina
To: City Clerk
Subject: Public comment: not on the agenda
Date: Tuesday, May 5, 2026 1:41:34 PM
Caution! This message was sent from outside your organization.
Dear city council,
The Ohlone Greenway, the city's pride and joy, would benefit immensely from additional treatments to every crossing where humans have to cross paths with cars. Flipping stop signs so cars have to stop would be an easy first step. Let's make it happen! Cars cost the city enormous amounts of money in road surface degradation, repairing damage from collisions, and constant pollution. The more we encourage people to get out of their cars and transport themselves via walking/biking the better for everyone. Let's start prioritizing transportation methods that make our city a better place! Stuart Sonatina
Agenda Packet Page 221 of 528
Allow sender | Block sender
From: Christina Baumgardner
To: City Clerk
Subject: Public Comments
Date: Tuesday, May 5, 2026 1:59:49 PM
Caution! This message was sent from outside your organization.
I am writing in support of a report recently submitted to members of City Council and staff, "Ohlone Greenway Active Transportation Right-of-Way: A Plan for Change." Prepared by members of El Cerrito Walk and Roll, this report urges safety improvements for pedestrians and cyclists using the Ohlone Greenway in El Cerrito. In particular, the report highlights the urgent need for installation of a stop sign for motorized traffic at the Ohlone Greenway’s crossing with Central Avenue. The new construction has drastically reduced visibility at this busy intersection and makes it almost impossible for a driver to assess whether or not someone is approaching the intersection without coming to a complete stop. For anyone driving on Central who is not from the area, they may not even realize they are crossing a high traffic trail.
Thank you for your attention to this urgent matter,
Christina Baumgardner, El Cerrito Resident
Agenda Packet Page 222 of 528
April 29th, 2026
El Cerrito City Council Members
City of El Cerrito
Dear Council Member,
We are writing with a sense of real urgency. As active members of the El Cerrito community — parents, cyclists, pedestrians, and neighbors — we are genuinely concerned that someone is going to be seriously hurt or killed at the intersection of the Ohlone Greenway and Central Avenue. This crossing is one of the most heavily used points on the path. It sits directly outside the Plaza BART and bus station, serves high school students traveling to and from school, and is the most dangerous bicycle intersection in El Cerrito. Between April 2014 and October 2025, 8 bicyclists were struck by cars at this intersection- more than twice as many as any other intersection in El Cerrito. The conditions there are significantly more dangerous today- sightlines have been dramatically reduced since construction of the new mixed-use building began.
The potential for fatal injury on the Greenway is very real, and we are not just worried about the crossing at Central. Two people riding bicycles on the Ohlone Greenway have suffered catastrophic, life-threatening injuries after being struck by motor vehicles at El Cerrito Greenway crossings. In June 2015, a 25-year-old man was hit by a truck while crossing Lincoln Avenue, one block north of El Cerrito Plaza BART. In September 2023, another bicyclist was struck while crossing Cutting Boulevard next to El Cerrito Del Norte BART. In both cases, the injuries were so severe that the victims had to be airlifted to trauma centers for emergency, life-saving care.
These were not minor incidents, and they were not isolated. TIMS data shows that 11 of the 41 reported bicycle and pedestrian crashes in El Cerrito between February 2023 and October 2025 occurred at Ohlone Greenway street crossings. For a single corridor, that is an alarming share of the city’s reported serious conflict points. The pattern is clear: Greenway crossings are a recurring safety problem, and the consequences can be devastating.
This proposal does not ask the city of El Cerrito to invent a new direction. It asks the the city to follow through on commitments it has already made in the adopted Ohlone Greenway Master Plan and Active Transportation Plan, which identify Greenway crossing improvements as a city priority.
You have the authority to direct city departments on matters of public safety and infrastructure priority. We are therefore formally petitioning you and the city council to take action. We are asking you to bring this matter to a vote — to pass a motion instructing the Engineering Department to review and change the right-of-way designation at these mid-block crossings. We urge you to use your position as an elected representative to make clear to Engineering that this change is both necessary and overdue, and that the Council expects it to be addressed.
General Public Comments
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The case is strong. Active transportation users — cyclists, scooter riders, skaters, and pedestrians — are among the most vulnerable road users. They lack the physical protection of a vehicle, yet current signage places the full burden of yielding on them at every Greenway crossing. Equity demands that we reconsider this arrangement.
Encouraging active transportation is a stated city priority; the infrastructure we build and the rules we enforce must reflect that priority. And critically, there is an important precedent already established by actual behavior: in practice, the majority of drivers already yield to Greenway users at these crossings, even when the signage does not require it. The de facto right-of-way already belongs to active transportation users. Formalizing that reality in signage and law would improve safety, reduce confusion, and send a clear message about what kind of city El Cerrito wants to be.
Attached to this letter is a detailed proposal. It outlines a phased approach: beginning with an immediate safety intervention at the most dangerous Greenway crossings:
Central Avenue, Lincoln Avenue, Cutting Boulevard, and Hill Street, and building toward a broader policy that gives vulnerable users equal or superior rights at every Greenway crossing. We have tried to be realistic about the process, the engineering considerations, and the pathway forward. We hope you will find it a useful starting point.
We are not asking for something radical. We are asking that the rules of the road reflect both the city’s values and the reality of how these crossings already function. We are asking for your leadership in making that happen.
Thank you again for your time and continued partnership.
Sincerely,
The El Cerrito Walk and Roll Coordinating Committee:
Bill Wood, Janet Price, Steve Price, Henry Pinkard, Stuart Sonatina, Gaia Sonatina, and Carrie Schulman
The BART Bicycle Advisory Task Force:
Jeremiah Maller, Moe Gevirtz, Tyler Morris, and Jon Spangler PSNearly identical letters have been sent to each member of the city council and to Jarrett Mullen and Yvetteh Ortiz (slightly personalized to each person). None of these people were involved in the crafting of this report.
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1 Ohlone Greenway Active Transportation Right-of-Way: A Plan for Change
Prepared for:
El Cerrito City Council Members
Yvetteh Ortiz, Public Works Director / City Engineer
Jarret Mullen, Active Transportation Manager
Prepared by:
Members of the El Cerrito Walk and Roll Coordinating Committee, including: Bill Wood, Janet Price, Steve Price, Henry Pinkard, Stewart Sonatina, Gaia Sonatina, and Carrie Schulman
and
Members of the BART Bicycle Advisory Task Force,
including: Jeremiah Maller, Moe Gevirtz, Tyler Morris, and Jon Spangler Overview
The Ohlone Greenway is one of El Cerrito’s most important active transportation corridors. Running beneath the BART tracks, it connects neighborhoods, schools, transit, and commercial areas for thousands of cyclists, pedestrians, and other nonmotorized users every day. Along its length, the Greenway crosses numerous local streets at mid-block locations — intersections that are, by their nature, unexpected by drivers who have not been trained to watch for cross-traffic between marked intersections.
At every one of these crossings, current signage gives the right-of-way to vehicular traffic and requires Greenway users to stop. This arrangement is inconsistent with El Cerrito’s active transportation goals, inconsistent with the actual behavior of drivers and cyclists at these crossings, and — we believe — a source of genuine danger.
This document proposes a phased plan to change that. We call for:
• Immediate safety intervention including installation of a stop sign for motorized traffic at the Ohlone Greenway’s crossing with Central Avenue. • A medium-term review of other high-use Greenway crossings near BART stations (Lincoln Avenue, Hill Street, and Cutting Boulevard).
• A long-term policy that gives active transportation users equal or superior rights at every Greenway crossing.
The Case for Change
Encouraging active transportation is a stated City priority; the infrastructure we build and the rules we enforce must reflect that priority.
General Public Comments
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2 Vulnerability and Equity
Cyclists, scooter riders, skaters, and pedestrians are physically unprotected in a way that drivers are not. A collision that dents a car door can hospitalize or kill a cyclist.
Placing the legal burden of stopping entirely on the more vulnerable party is a design choice — and one that can and should be revisited. Many cities and states have already moved toward giving vulnerable road users greater legal protection at mid-block crossings; El Cerrito should be among them.
Active Transportation as City Policy
El Cerrito has committed publicly to encouraging active transportation as a means of reducing car trips, improving public health, reducing emissions, and building a more livable community. Infrastructure and signage that treats cyclists as second-class users works directly against those goals. If we want people to choose cycling and walking, we must make those choices feel safe and respected.
Consistency with Adopted City Plans
Our proposal asks the City to implement, not reinvent, its own adopted policy commitments for the Ohlone Greenway. The City has already committed itself to this direction in two adopted plans: the Ohlone Greenway Master Plan, adopted by the El Cerrito City Council on June 15, 2009, and the City of El Cerrito Active Transportation Plan, adopted in April 2016. The Active Transportation Plan designates Ohlone Greenway Crossing Improvements as “Detailed Project 2”, one of the City’s nine detailed projects, includes it in the Plan’s prioritized project list, and reflects public input ranking Ohlone Greenway path crossings among the City’s top priorities.
The Active Transportation Plan calls for Ohlone Greenway crossing improvements such as flashing beacons, curb extensions, triple-four trail crossings, median refuges, and additional analysis of traffic control measures at Greenway crossings. The Plan directly supports changing traffic control at some Greenway crossings. It states: “Many crossstreets along the Greenway are low-volume roadways that carry less than 4,500 vehicles a day. The crossing of low-volume cross-streets presents an opportunity to replace the STOP control on the Greenway with YIELD control. [The City] could consider requiring cross-street traffic to YIELD or STOP for path users on low-volume side-streets in the future.” In short, the safety improvements proposed here are not new in principle; they are a logical implementation of the City’s own adopted plans.
The Law Already Reflects Reality
Perhaps the most compelling argument for this change is the simplest one: it is already happening. Observation of Greenway crossings throughout the day reveals that most drivers do yield to cyclists and pedestrians, even though the current signage does not require them to. Most Greenway users, in turn, do not come to a complete stop at every crossing — because doing so would be impractical and because drivers largely yield anyway.
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3 This gap between the law and actual behavior is itself a safety problem. When road users — both drivers and cyclists — cannot predict what others will do at an intersection, the potential for a dangerous miscommunication rises sharply. Aligning the legal right-of-way with established behavioral norms reduces that uncertainty. It does not change what most people do; it makes what most people do legally clear.
Phase 1: Immediate Action at Central Avenue
Why Central Avenue First
The crossing of the Ohlone Greenway at Central Avenue is the highest-priority location for intervention for several compounding reasons:
• History of collisions: This crossing had more than double the amount of bicycle collisions with motorized vehicles than any other intersection in El Cerrito, and had 23% (8 of 35) of all bicycle accidents on the Ohlone Greenway between 2014 and 2025 (Appendix 1).
• Construction-reduced visibility: The recent construction of a new multi-story building at this intersection has materially reduced sightlines for both drivers and Greenway users. What was already the most dangerous crossing has become one where neither party can see the other until they are nearly upon them. • Volume: The crossing sits immediately outside the Plaza BART station and a major bus stop. Thousands of transit riders per day transfer between BART/bus and the Greenway at this exact point, making it one of the most heavily used active transportation crossings in the city.
• School traffic: High school students use this crossing in concentrated waves before and after school, increasing the density and vulnerability of users at predictable peak times.
• High vehicle speeds: Central Avenue carries faster-moving traffic than many of the smaller residential streets along the Greenway, increasing the severity of any potential collision.
We want to be direct: we believe this crossing, in its current state, is a serious accident waiting to happen. We are asking for immediate action, not a multi-year planning process.
Recommended Immediate Interventions at Central Avenue
We recognize that a permanent right-of-way change may ordinarily require an engineering review. However, given the documented crash history at the Central Avenue/Ohlone Greenway crossing, the high volume of vulnerable road users, and the further reduction in visibility caused by ongoing construction, this location presents an urgent safety condition that warrants immediate interim action. We urge the City to install temporary STOP control for motorized traffic at this crossing without delay, while expediting or waiving any discretionary engineering steps that would otherwise postpone a proven safety intervention.
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4 1. Immediately install temporary STOP signs for motorized traffic on Central Avenue at the Ohlone Greenway crossing.
2. Treat the current construction-related visibility reduction as an emergency safety condition requiring interim traffic control.
3. Expedite or waive nonessential procedural steps for temporary STOP control while completing any review required for a permanent right-of-way change.
4. Evaluate a permanent crossing design that gives Ohlone Greenway users equal or greater priority, consistent with the Master Plan’s recommendation that the City consider requiring low-volume cross-street traffic to YIELD or STOP for path users.
Immediate Action at Lincoln Avenue
Why Lincoln Avenue Matters
The crossing of the Ohlone Greenway at Lincoln Avenue warrants safety improvements for several reasons:
• Severe injury crash history: In June 2015, a 25-year-old man riding on the Greenway was struck by a pickup truck while crossing Lincoln Avenue. He suffered serious injuries and was airlifted to a trauma center. • Proximity to Plaza BART: Lincoln is one block north of El Cerrito Plaza BART station, making it part of a key bicycle and pedestrian approach to transit. • Driver expectation: Like other mid-block Greenway crossings, Lincoln can catch drivers off guard, increasing the risk of conflict with people biking and walking.
Recommended Immediate Interventions at Lincoln Avenue
We recognize that a formal right-of-way change requires an engineering process. In the interim, we urge the City to implement the following steps as quickly as possible:
1. Install centerline hardening with posts and evaluate for a pedestrian crossing pop-up at Lincoln Avenue as a quick, low-cost safety improvement recommended by Bike East Bay.
2. Add high-visibility crossing markings and warning treatments to make the crossing more visible to approaching drivers.
3. Evaluate a raised crosswalk as a longer-term improvement to slow traffic and reinforce the crossing.
4. Include Lincoln in the first round of formal engineering review for stronger permanent protections.
Immediate Action at Cutting Boulevard & Hill Street
Why Cutting Boulevard & Hill Street Must Be Prioritized The crossing of the Ohlone Greenway at Cutting Boulevard is one of the clearest candidates for urgent intervention for several reasons:
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5 • Recent severe injury crash: In September 2023, a bicyclist was struck by a motor vehicle at the Greenway crossing at Cutting Boulevard and suffered major injuries. The victim was airlifted to John Muir Hospital trauma center for treatment. • Immediate adjacency to Del Norte BART: This crossing sits directly beside El Cerrito Del Norte BART station, making it a key access point for people biking and walking to and from regional transit.
• Higher-speed roadway: Cutting Boulevard carries faster and heavier traffic than many of the smaller streets crossed by the Greenway, increasing both crash risk and injury severity.
• This crash history, combined with the crossing’s proximity to Del Norte BART, makes Cutting Boulevard & Hill Street among the strongest candidates for immediate safety improvements on the Greenway.
• Community-identified safety concern: In the 2022 Complete Streets Vision Survey for El Cerrito Del Norte TOD, Cutting Boulevard was identified by 198 respondents as the area most in need of special treatment to improve pedestrian and bicycle safety.
Recommended Immediate Interventions at Cutting Boulevard & Hill Street We recognize that a formal right-of-way change requires an engineering process. In the interim, we urge the City to implement the following steps as quickly as possible:
1. Install centerline hardening with posts and evaluate for pedestrian crossing popups on Cutting Boulevard and Hill Street, on either side of El Cerrito Del Norte BART, as a quick, low-cost safety improvement recommended by Bike East Bay.
2. Add high-visibility crossing markings and warning treatments to make the crossing more visible to approaching drivers.
3. Evaluate raised crosswalks as a longer-term improvement to slow traffic and improve safety.
4. Prioritize Cutting Boulevard & Hill Street in the formal engineering review for stronger permanent protections.
Phase 2: Engineering Review of All Greenway Crossings
Once the immediate Central Avenue situation is addressed, we propose a systematic review of every Greenway crossing. This review should assess each crossing for:
• Volume of Greenway users (pedestrians, cyclists, other) during peak and off-peak hours
• Volume and speed of vehicle traffic on the crossing street • Sightline distances and obstructions
• Proximity to schools, transit, and other pedestrian generators • Incident history (near-misses and collisions)
• Existing signage and marking conditions
Based on this review, each crossing should be assigned one of three designations:
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6 Designation Description Applicable When…
Active
Transportation
Priority
Greenway users have the right-ofway; vehicles must stop or yield.High Greenway volume, lower vehicle speeds or
volumes, proximity to schools
or transit.
Shared / Equal
Rights
All users yield to those already in the
crossing; no party has blanket priority.
Balanced volumes on both
Greenway and cross street;
adequate sightlines.
Signalized or
Controlled
Traffic signal, RRFB, or other device
manages priority.
High vehicle speeds or
volumes where passive
signage alone is insufficient.
We propose that no crossing should be redesignated to maintain current vehicle priority without explicit justification. The default outcome of this review should be at minimum equal rights for Greenway users.
Phase 3: Long-Term Policy and Community Expectation
The ultimate goal of this effort is a standing policy: the Ohlone Greenway is a primary active transportation route, and its users will be treated as having equal or superior rights to vehicular traffic at every mid-block crossing. This should be codified in El Cerrito’s Active Transportation Plan and reflected in the City’s engineering standards for any future path crossings.
Changing the signs is only part of the work. The City should also:
• Communicate the change clearly to residents and drivers, using social media, neighborhood outreach, and signage transitions that make the new rules legible. • Monitor crossings after implementation to assess safety outcomes and adjust as needed.
• Work with the Contra Costa County Transportation Authority (CCTA) and regional partners to align this approach with broader Greenway improvement efforts.
Precedent and Legal Pathway
Giving active transportation users priority at mid-block crossings is not novel. Many cities and counties have implemented similar changes through engineering orders, traffic control device modifications under the California Manual on Uniform Traffic Control Devices (CA MUTCD), and municipal traffic ordinances. Of note is the City of Berkeley’s Ohlone Greenway Safety Improvements Project (https://berkeleyca.gov/yourgovernment/our-work/capital-projects/ohlone-greenway-safety-improvements-project).
We are asking the Engineering Department to initiate a traffic engineering study at Central Avenue as the first step.
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7 Our Ask
We are asking:
1. Formally support this petition to the Engineering Department and advocate for Central Avenue, Lincoln Avenue, and Cutting Boulevard / Hill Street crossings to be prioritized for immediate safety review.
2. Work with Engineering to develop a scope and timeline for the Phase 2 review of all Greenway crossings.
3. Identify and implement interim safety measures at Central Avenue, Lincoln Avenue, and Cutting Boulevard / Hill Street that do not require a formal right-ofway change but improve conditions immediately.
4. Engage community members, neighborhood organizations, and school representatives as part of the planning process.
5. Apply for funding from BART’s Safe Routes to Transit & Bay Trail (SR2TBT) when the grant period opens this summer to make these plans possible.
6. Ensure that all future City plans affecting Ohlone Greenway crossings provide active transportation users with equal or greater right-of-way priority than motorized traffic.
Conclusion
The case for action is already strong on safety grounds alone. Two bicyclists have suffered catastrophic, life-threatening injuries at El Cerrito Greenway crossings, and TIMS data shows that 7 of the 40 reported bicycle and pedestrian crashes in El Cerrito between September 2023 and October 2025 occurred at Ohlone Greenway street crossings. That concentration of harm justifies urgent intervention.
But the goal should be broader than preventing the next severe crash. El Cerrito’s Active Transportation Plan calls for a system that serves users of all ages and abilities and provides a richly connected network of low-stress bicycle facilities, while prioritizing safety improvements near BART stations, bus stops, and schools. The Greenway should meet that standard.
That broader goal is supported by the research. Recent longitudinal research across 28 U.S. cities found that lower-stress bicycle facilities were associated with larger bicycle ridership gains. A systematic review also found that women consistently show stronger preferences for low-stress bicycle facilities with greater protection from motor traffic.
Research on greenways, trails, and similar facilities also found benefits including increased physical activity and economic benefits that exceed costs. In short, making the Ohlone Greenway safer and lower-stress would not only reduce the risk of serious injury; it would make the corridor more inviting, more inclusive, and more useful for everyday travel.
The Ohlone Greenway is an asset that El Cerrito should be proud of and protective of.
Right now, the rules governing its mid-block crossings do not reflect the city El Cerrito Agenda Packet Page 231 of 528
8 aspires to be, do not protect the people most at risk, and do not reflect the reality of how drivers and cyclists already behave. We can do better, and we believe you agree.
We are committed to being constructive partners in this process. We are available to meet, to provide additional data or documentation, and to help communicate any proposed changes to the broader community. We look forward to working with you.
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9 Appendix 1.
Data Sources
Pedestrian and bicycle collisions with motorized vehicles were collected from the Transportation Injury Mapping System (TIMS) available online from UC Berkeley:
https://tims.berkeley.edu. TIMS pulls its data from the Statewide Integrated Traffic Records System (SWITRS). We pulled all available bicycle and pedestrian collision data, from 2014-2025.
One additional record was added to our database by hand, the serious bicycle crash involving a vehicle on Lincoln Avenue and the Ohlone Greenway on 6/28/2015. This incident was remembered by Jeremiah Maller and verified with the existence of local news coverage (https://www.mercurynews.com/2015/06/29/updated-el-cerrito-airevacuation-of-injured-bicyclist-by-calstar-helicopter-from-cerrito-vista-park/). It is worth noting that EMS dispatch calls for bike/ped collisions significantly outnumber what appears in official police-reported statistics. The D.C. Policy Center found 30% of pedestrian/cyclist crashes lacked police reports in a 2021 study (https://www.dcpolicycenter.org/publications/crash-report-disparities/).
Geolocating Incidents to the Ohlone Greenway
We found many incidents did not properly geolocate to the Ohlone Greenway in the database- the most common issue was a description of “Bart Path” as the cross street, which kept the incident from displaying on the TIMS map. We used a combination of address normalization and extraction using Claude Haiku followed by location retrieval with Google maps API to properly geolocate many incidents. Details are available at https://github.com/billewood/switrs-geocoder.
Online Data Visualization
We have made our curated dataset of bicycle and pedestrian collisions easily viewable in a graphical format at collisions.billewood.com. The underlying source code is available at https://github.com/billewood/collision-map.
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10 Figure 1. Screenshot of https://github.com/billewood/collision-map.
Results
We found a substantial number of collisions occurring on the crossings of the Ohlone Greenway. Crashes were most numerous near the two BART stations, and Central Avenue had a disproportionately large number of bicycle crashes, more than double any other intersection (Figure 1). There was no clear trend upward or downwards in the number or severity of crashes, but the final year on record did have the most crashes in the study period (Figure 2).
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11 Figure 1. Relative number of bicycle crashes at intersecting roads on the Ohlone Greenway in El Cerrito between 2014 and 2025.
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12 Figure 2: Bicycle and pedestrian collisions with vehicles at all crossings of the Ohlone Greenway, by year. There is no trend towards less collisions and the most recent year’s data (2025) had the most collisions.
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From: Cordell Hindler
To: City Clerk
Subject: Public Comments
Date: Monday, May 4, 2026 2:00:09 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. I am in full Support of Items C D and E. on the Consent Calendar
2. also I am happy that the Public can be able to Participate Remotely Sincerely
Cordell
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May 5, 2026
Transition to District-Based Elections
Public Hearing #1
Agenda Item No. 4
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Background Information
• Current City Election System: At-Large
• March 17th: Demand Letter claims City’s at-large system is racially polarized and violates California Voting Rights Act (CVRA)
• April 21st: Resolution of Intent passed to transition to district-based elections 2 Agenda Packet Page 239 of 528
California Voting Rights Act (CVRA)
• Prohibits an at-large election system that impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election
• Violation established if racially polarized voting and dilution occurs in elections or other matters submitted to the voters
• Cities across the state have received similar letters from law firms in the last ~10 years challenging their election systems
3 Agenda Packet Page 240 of 528
Safe Harbor Provision
• Adopt resolution of intent to transition to districts within 45 days of receiving the demand letter (Resolution 2026-24 Adopted 4/21/2026)
• Approve ordinance establishing district-based elections within 90 days of resolution passage
• Plaintiff is authorized to agree in writing to grant City additional 90 days safe harbor (no agreement for extensions from Plaintiff)
• Caps attorneys’ fees at what is now approx. $38,000 to $40,000 4 Agenda Packet Page 241 of 528
Districting 101
Presented by Redistricting Partners, the City’s Demographer Agenda Packet Page 242 of 528
Public Hearing Timeline
• May 5, 2026: Public input on district composition and communities of interest ▪ Council to consider number of districts and method of election for Mayor • May 19, 2026: Public input on district composition and communities of interest • June 9, 2026: Presentation and public input on draft maps • June 16, 2026: Additional public input on draft maps
▪ Council to select final map
• July 7, 2026: Approve final map and Introduce Ordinance to change to DistrictBased Elections • July 21, 2026: Final Adoption of Ordinance to change to District-Based Elections 6 Agenda Packet Page 243 of 528
Public Outreach
7 • District-Based Elections website: elcerrito.gov/districts • Interactive and Paper-Based Mapping Tools and Input Options • Community Workshops to assist public in providing input ▪ May 12, 2026, 6 – 7:30pm (Virtual and Recorded)
▪ June 3, 2026, 6 – 7:30pm (City Council Chambers)
• In-Person Outreach including on Bike to Wherever Day (May 14), at the Community Center (June 10), and at the July 4th Festival • Translations of key outreach collateral, including frequently asked questions and instructions for public input
• And, using a variety of communication channels to engage with residents Agenda Packet Page 244 of 528
Polco Quick Poll of Residents
• Informal Poll Opened April 30, 2026
• Conducted using Polco tools and sent out using City email database, Polco’s contact list, and in digital City outreach channels
• 584 responses through May 4, 2026, at 11:30 AM
8 141 (25%)
235 (41%)
194 (34%)
0 50 100 150 200 250
No preference /
Need more information
2-Years
4-Years
Question 2: If the City moves to a directly elected
Mayor, what should the term length be?
85 (15%)
349 (61%)
142 (25%)
0 50 100 150 200 250 300 350 400
No preference /
Need more information
4 Districts +
Directly Elected Mayor
5 Districts
Question 1: Structure of the El Cerrito City Council
Which would you prefer?
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Key Opportunities for the Community
• Submit a Community of Interest Form
▪ Available now at elcerrito.gov/districts
• *Coming Soon* Draw Communities of Interest and Suggested District Boundaries using online mapping tool or analog options
• Attend an upcoming Community Workshop to learn more and to receive assistance in submitting maps and other public input
• Review the City Website where everything to do with the process will be publicly available, including all maps and forms received
9 elcerrito.gov/districts
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Number of Districts and Election of Mayor
10 • Current at-large structure:
▪ 5 Councilmembers elected by the whole community
▪ Mayor selected by the City Council for a one-year term • Options under District-based structure:
▪ Five Districts:
• 5 Councilmembers, one living and elected from each district • Mayor is a Councilmember selected by the City Council for a one-year term
▪ Four Districts:
• 4 Councilmembers, living in and elected by district voters • 1 Mayor, living anywhere in the City and elected by all El Cerrito voters • Directly elected Mayor would be a member of the City Council; no additional executive powersAgenda Packet Page 247 of 528 Requested
Direction and
Next Steps
11 ▪ Proposed Action:
▪ Direct Staff and the demographer to
proceed forward with:
• 5 Districts and a rotating Mayor; or
• 4 Districts and a directly elected Mayor
• Next Steps:
▪ Community Workshop on May 12
▪ 2
nd Public Hearing on May 19
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Flock Safety Policy for Responding to Legal Demands
for Customer Data
Overview
Flock Safety is committed to honoring our contractual obligations to our customers to protect the integrity and privacy of customer data, in compliance with all federal and state laws.
When Flock is confronted with requests for information, Flock always:
● analyzes the source of the request, the context, and legality; ● notifies and works with the affected customer, when allowed by law; and ● responds when a court orders Flock to provide data.
Methods of Service
As a threshold matter, Flock will analyze if the requesting party properly served Flock with legal process. Flock has established protocols in our Evidence Policy by which we will accept legal process from law enforcement; all other entities must comply with traditional methods to effectuate legal service of process in order to compel a response from Flock.
Preservation
If Flock determines that it has been properly served with legal process, Flock will evaluate whether to place a temporary hold to preserve the requested data while it performs the process outlined below.
Notification
In strict adherence to Flock’s Privacy Policy, we will use reasonable efforts to provide notice to the customer(s) whose data is the subject of the legal demand (“affected customer”) when legal demands are received, unless we are explicitly prohibited from doing so by law. Flock Last Updated March 16, 2026
1 Agenda Item No. 9.B.
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will notify customers when any such data is sought in response to required disclosures from government, law enforcement, or third parties. Flock will give customers seven calendar days to pursue any legal remedy to challenge the legal demand. Notice may be reasonably withheld if prohibited by law or if Flock believes that such notice may pose immediate risk of serious injury or death to a member of the public.
Process
Court Ordered Demands
Flock will convey to the requesting agency that data is owned exclusively by the affected customer and will request that the legal process be redirected to the affected customer.
Flock’s policy is to respond to compulsory legal demands that Flock determines, in good faith, are not overbroad and appear relevant to a legitimate purpose.
Flock carefully reviews all submissions to ensure that there is a valid legal basis for each request. If any request is considered to be unclear, inappropriate, over-broad, or without legal basis, Flock reserves the right to challenge or reject such request.
Compulsory Process - Customer and Flock Object
Should Flock—or when able to be notified, Flock jointly with the affected customer—have a good-faith legal objection to a properly served compulsory legal demand, Flock may initiate formal judicial review. Flock will comply with any final judicial decision.
Compulsory Process - Only Customer Objects
Once Flock communicates the request and coordinates with the affected customer, should the affected customer and Flock disagree about the legality of a properly served compulsory legal demand, the affected customer—without the assistance of Flock—may pursue any legal remedy to challenge the legal demand. Flock will comply with any judicial stay or order in proceedings initiated by the affected customer. Flock will comply with any final judicial decision.
Last Updated March 16, 2026
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In the absence of a timely request for judicial intervention by the affected customer, Flock will comply with the compulsory legal demand as specified in the legal demand and/or in compliance with state and federal law, if the terms of compliance are not specified.
Legal Requests
Upon receipt of a non-compulsory legal demand or an administrative subpoena—unless prohibited by law—Flock will inform the affected customer. Flock will convey to the requesting agency that data is owned exclusively by the affected customer and will request that the legal process be redirected to the affected customer. In consultation with counsel for the affected customer, Flock will decide whether to comply with the request or if there is a good faith reason for non-compliance.
Non-Compulsory Process - Customer Does Not Object
Once Flock communicates the request and coordinates with the affected customer, should the affected customer determine that it does not have an objection to compliance with the agency’s request, Flock will notify the requesting agency so that the requesting agency may seek the requested data directly from the affected customer. The affected customer can provide the requesting agency with the responsive documents.
Non-Compulsory Process - Customer and Flock Object
Once Flock communicates the request and coordinates with the affected customer, should Flock and the affected customer jointly decide not to comply with the request without judicial enforcement, Flock will notify the requesting agency in writing of that determination. If the agency responds with a compulsory legal demand, Flock will follow the policy for compulsory legal demands as outlined above.
Last Updated March 16, 2026
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Emergencies and Exigent Requests
Flock reserves the right to respond immediately to urgent law enforcement requests for information as outlined in our Evidence Policy. Flock notifies a customer after disclosing data in response to an emergency request except in certain circumstances, such as when Flock is prohibited from doing so by law.
Last Updated March 16, 2026
4 Agenda Packet Page 252 of 528
From: Miguel Gravelle Izaguirre
To: City Clerk
Subject: [UNKNOWN SENDER] Public Comment Tuesday, May 4th, 2026 Date: Tuesday, April 21, 2026 7:24:57 PM
Greetings City Clerk & El Cerrito City Council,
Thanks for your service. I would like to raise some points regarding the lack of safety that flock cameras create for our city. Please refer to the PDF attachment. I wish for the City Clerk to include this attachment in the public comment section for the May 4, 2026 City Council meeting.
Key points include:
(1) the risk of data sharing w/over 100 federal agencies, which threatens local autonomy and exposes the people live, work, pass through, and engage in commerce in our city to the dangers of our incompetent and increasingly fascist federal government. More specifically, the Trump Administration has moved to include No Kings Protesters, many of them El Cerrito residents as domestic terrorists for opposing anti-democratic actions by Trump's administration. We cannot and must not collaborate with Trump's Administration in this way that jeopardizes the freedom of El Cerritans simply for being Democrats instead of Republicans.
(2) exposes all information on those cameras to data breaches by domestic and foreign bad actors who could use this data to harm people in El Cerrito.
Thank you for voting not to renew the flock cameras, so that El Cerritans can be more safe.
Kind regards,
Miguel Gravelle
Agenda Item No. 9B
Public Comments
Agenda Packet Page 253 of 528
Against FLOCK
Camera Renewal
Moving the Overton Window, Mass Surveillance, the Imperial Boomerang, and the Case Against FLOCK Cameras in El Cerrito Agenda Packet Page 254 of 528
Defining the Overton Window
The Overton Window represents the range of policies
considered politically "acceptable" to the mainstream
population at a given time–shifting to the right or left. • Policy: Currently where FLOCK sits.
• Sensible/Popular: Shifting normalization of surveillance • Acceptable: Widening public debate about it.
• Radical/Unthinkable: Where mass surveillance
should reside in a free society.
Agenda Packet Page 255 of 528
FLOCK Cameras in El Cerrito
Local Surveillance Expansion
The City of El Cerrito currently operates 40 license plate reading LPR) cameras. As the contract approaches
renewal, we must examine the hidden costs.
• Contract renewal would lock El Cerrito into a
privatized surveillance grid.
• Data sharing persists with 100+ agencies.
• Community pushback is growing across the
Bay Area.
Agenda Packet Page 256 of 528
The Risk of Insecure Infrastructure
Surveillance data is only as secure as the company
providing it. FLOCK's history shows systemic
vulnerabilities.
• Exposed Feeds: 60 AI cameras were found wide
open on the internet without passwords.
• Firmware Hacks: Researchers demonstrated
physical bypasses to access admin panels.
• Concentrated Risk: A single failure at a private
cloud provider exposes entire cities.
Agenda Packet Page 257 of 528
Breach of Trust: Unauthorized Sharing
Source: El Cerrito Police Department Audit and EFF Reports.
Recipient Agency Nature of Sharing Status in El Cerrito U.S. Postal Inspection Service Out-of-state queries of local LPR data Confirmed Sept-Nov 2023 VA Police Loma Linda) Federal access to California plate sightings Confirmed May 2025 ICE / Border Patrol Access via local agency "log-in lending" Ongoing Concern Out-of-State Police Searching without California legal warrants Confirmed Systemic Issue Agenda Packet Page 258 of 528
The Policy Threat: NSPM-7
National Security Presidential Memorandum 7
The Threat to Immigrants, Our Civil Rights & Activists
Agenda Packet Page 259 of 528
Targeting Activists & Civil Rights
NSPM7 expands the definition of "domestic terrorism" to target political dissent and "anti-fascist" organizations. • Weaponized Charges: Using surveillance to build
"conspiracy" cases against protesters.
• Financial Disruption: Instructs the Treasury to track and freeze networks funding activism.
• Surveillance Priority: Targets individuals associated with pro-immigration and racial justice groups.
Agenda Packet Page 260 of 528
The Imperial Boomerang
From Occupation Grounds to California Streets
Agenda Packet Page 261 of 528
Testing Tech Abroad
Surveillance technologies like Red Wolf and Blue Wolf
are "battle-tested" in the occupied West Bank and
Gaza to control Palestinian movement and targeted
killings and massacres..
These systems use facial recognition and ALPR to
maintain apartheid checkpoints, creating a massive
biometric database without consent.
The "success" of these repressive tools in colonial
contexts makes them lucrative exports for the
American policing market while disregarding their
origin.
Agenda Packet Page 262 of 528
Exporting Repression
Origin
Repressive techniques perfected
in imperial frontiers Palestine,
Iraq) to manage "insurgent"
populations.
Feedback
Police exchange programs and
tech exports bring these tools
back to the domestic
"metropole."
Domestication
The technology is rebranded for
local safety LPR, Drones) but
maintains its capacity for mass
control.
Agenda Packet Page 263 of 528
Shifting the Window Back
We must push mass surveillance out of the window of acceptability.
Renewal is not just a contract; it is an endorsement of a global infrastructure of control and provides more access to the Trump Administration that is actively targeting communities of color, activist and immigrants.
40 Cameras in El Cerrito
30 Days of Stored
Data
0 Warrants Required
Agenda Packet Page 264 of 528
Call to Action
It's time to reject the renewal.
Support Privacy
Stay Informed
Act Now: Contact the City Council and speak this
Tuesday evening at 6 pm to the El Cerrito City Council
directly.
Agenda Packet Page 265 of 528
Image Sources
https://upload.wikimedia.org/wikipedia/commons/thumb/f/fb/Overton_Window_diagram.svg/250px-Overton_Window_diagram.svg.png Source: en.wikipedia.org
https://erepublic.brightspotcdn.com/dims4/default/1e766d7/2147483647/strip/true/crop/7870410400/resize/840438!/quality/90/?url=http%3A%2F%2Ferepublic-b rightspot.s3.us-west-2.amazonaws.com%2Fff%2F3e%2F40ce37424e908c95a3534ce65722%2Fflocksafety-falconhw-highway.jpg Source: www.govtech.com
https://static.vecteezy.com/system/resources/previews/070/708/217/large_2x/data-breach-concept-on-screen-with-glowing-text-and-code-security-vulnerability-cybe r-attack-digital-crime-photo.jpeg
Source: www.vecteezy.com
https://trumpwhitehouse.archives.gov/wp-content/themes/whitehouse/assets/img/presidential-crest-gray.svg Source: trumpwhitehouse.archives.gov
https://globalvoices.org/wp-content/uploads/2024/10/unnamed-1.jpg Source: advox.globalvoices.org
https://img.freepik.com/premium-vector/group-protesters-activist-silhouette-vector-illustration_1368756207.jpg Source: www.freepik.com
Agenda Packet Page 266 of 528
April 30, 2026
Sent Via Email
El Cerrito Mayor and City Council
El Cerrito City Hall
10890 San Pablo Ave.
El Cerrito, CA 94530
Re: Opposition to Renewal of Flock Contract
Dear Mayor and City Councilmembers,
We write on behalf of the ACLU of Northern California (“ACLU NorCal”) to oppose the renewal of El Cerrito Police Department’s (“ECPD”) contract with Flock Safety. We also write in response to the request made by some City Councilmembers during the April 21, 2026 City Council meeting to hear the perspective of civil liberties organizations before taking a vote on whether to renew ECPD’s contract with Flock Safety. While we aren’t available to present, this letter represents our position and concerns.
ACLU NorCal urges the Council to not only oppose the renewal of the Flock contract specifically, but to refrain altogether from contracting with any company to deploy Automatic License Plate Reader (“ALPR”) cameras in El Cerrito. ALPR camera networks make our community less, not more, safe because they violate privacy, increase the risk of dangerous police encounters, and risk exposing our immigrant community members to harm.
1. ALPR camera networks are a threat to privacy and raise serious civil rights issues.
ALPR surveillance cameras automatically record a vehicle’s precise location, when it was seen, and an image of the vehicle, at times even capturing the individuals inside. ALPR cameras can capture this information about thousands of drivers per day, regardless of whether those drivers have violated any law. When placed around communities, ALPR cameras effectively police the movements of people as they visit friends, come or go to work, and conduct their private lives.
For drivers who regularly drive past ALPR-surveilled areas, the cameras can capture multiple snapshots of their locations and vehicles a day.
With this sensitive location information, an ALPR operator can track the movements, habits, and associations of drivers over time, including where people live, work, worship, receive medical care, or attend school. But once a community installs a network of ALPR cameras, there is no practical way for a driver to avoid having their location tracked, short of choosing not to drive.
And once collected by ALPR, sensitive information about people’s locations and movements can be exploited, including law enforcement. All people should feel safe to worship, to attend a protest, and to go about their personal lives safely without unnecessary surveillance.
Agenda Packet Page 267 of 528
Letter Opposing Renewal of El Cerrito’s Flock Contract
April 30, 2026