MEETINGS
RICHMOND HOUSING AUTHORITY MEETING - 6:25 P.M.
RICHMOND CITY COUNCIL MEETING - 6:30 P.M.
(These meetings are virtual)
Tuesday, January 18, 2022, 5:00 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
Members:
Thomas K. Butt, Mayor
Demnlus Johnson III, Vice Mayor at Large
NathanielBates, Councilmember at Large
Claudia Jimenez, Councilmember District 6
Eduardo Martinez, Councilmember at Large
Melvin Willis, Councilmember District 1
Gayle McLaughlin, Councilmember District 5
Jaycine Scott, Housing Authority Tenant Commissioner
CORONAVIRUS DISEASE (COVID-19) ADVISORY
PURSUANT to the Governor of the State of California’s Assembly Bill 361 and in the interest of the public health and safety, attendance at the City of Richmond City Council meeting will be limited to Council members, essential City of Richmond staff, and members of the news media.
Public comment will be confined to items appearing on the agenda and will be limited to the methods provided below.
How to watch the meeting from home:
KCRT – Comcast Channel 28 or AT&T Uverse Channel 991.
Livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live2.
Public comment may be submitted by mail, eComment, email and/or Zoom video conference in the manner that follows, provided that no member of the public may submit more than one verbal comment per agenda item.
Via mail received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.
Via eComments: eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. eComments can be viewed by the City Council and members of the public as they are submitted. Email your comment to [email protected] should you have difficulty submitting an eComment during a meeting.
Via email to [email protected] by 1:00 p.m. the day of the meeting.
Emails MUST contain in the subject line 1) public comments – Open Session prior to Closed Session; 2) public comments – Open Forum; or 3) public comments agenda item #__ [include the agenda item number]. All such email with correctly labeled subject lines will be posted on-line and emailed to the City Council before the meeting is called to order. Email received after 1:00 p.m. will be posted on-line following the meeting as part of the supplemental materials attached to the meeting minutes.
Via Zoom by video conference – for Open Session and City Council: Please click the link below to join the webinar:
https://zoom.us/j/99312205643?pwd=MDdqNnRmS2k4ZkRTOWhlUldQOUF1Zz09 Passcode: ccmeeting
By iPhone one-tap: US: +16699006833,,99312205643# or +13462487799,,99312205643# By Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592
Webinar ID: 993 1220 5643
International numbers available: https://zoom.us/u/aehrwCgISx
To comment by video conference, click on the Participants button at the bottom of your screen and select the “Raise Your Hand” button to request to speak when Public Comment is being asked for.
When called upon, press the unmute button. After the allotted time, you will then be re-muted. **
To comment by phone, you will be prompted to “Raise Your Hand” by pressing “*9” to request to speak when Public Comment is asked for. When called upon, you will be asked to unmuted by
pressing *6. After the allotted time, you will then be re-muted. Instructions of how to raise your hand by phone are available at:
https://support.zoom.us/hc/en-us/articles/201362663 -Joining-a-meeting-by-phone. ** **The mayor will announce the agenda item number and open public comment when appropriate.
Open Forum for Public Comment: Individuals who would like to address the City Council on matters not listed on the agenda or on items remaining on the consent calendar may do so under Open Forum.
The City cannot guarantee that its network and/or the site will be uninterrupted. To ensure that the City Council receives your comments, you are strongly encouraged to submit your comments in writing in advance of the meeting.
AB 361 Procedures in the Event of Technical Difficulties: In the event the meeting broadcast is disrupted, or if a technical issue on the agency's end disrupts public participation, the legislative body board cannot take any further action on the agenda until the technical issue is resolved.
Properly labeled public comments will be considered a public record, put into the official meeting record, available after the meeting as supplemental materials, and will be posted as an attachment to the meeting minutes when the minutes are posted:
http://www.ci.richmond.ca.us/Archive.aspx?AMID=31.
Procedures for Removing Consent Calendar Items from the Consent Calendar Councilmembers and members of the public who wish to remove an item from the consent calendar must comply with the following procedures in order to remove an item from the consent calendar:
Telephone or email a City staff member who has knowledge of the subject matter by 2:00 p.m. on the day of meeting. Any staff member shown as an author of the agenda report for the particular item has knowledge of the subject matter and may be called.
1. Inform the City Clerk’s Office by email at [email protected] or by phone at 510-620-6513, ext. 9, by 3:00 p.m. that they discussed the matter with staff with knowledge of the subject matter and that such Councilmember or member of the public, nonetheless, desires the item to be removed from the consent calendar for discussion.
1. Staff will be informed by the City Clerk’s Office as soon as reasonably practicable after notice of the request to remove the item from the consent calendar. Staff may attend the meeting remotely.
Accessibility for Individuals with Disabilities
Upon request, the City will provide for written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to
[email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509.
Requests made by mail to City Clerk’s Office, City Council meeting, 450 Civic Center Plaza, Richmond, CA 94804 must be received at least two days before the meeting. Requests will be granted whenever possible and resolved in favor of accessibility.
Effect of Advisory on In-person public participation
During the pendency of Assembly Bill 361, the language in this Advisory portion of the agenda supersedes any language contemplating in-person public comment.
Pages
A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 5:00 p.m.
B. ROLL CALL
C. CLOSED SESSION
.
C.1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Paragraph (1) of Subdivision [d] of Government Code Section 54956.9 a. Richmond Shoreline Alliance, SPRAWLDEF, Citizens for East Shore Parks, Sunflower Alliance, and GreenActionfor Health and Environmental Justice v. City of Richmond
b. Quincy Peoples v. Zaidan et al.
c. Hernandez v. Hodges
C.2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION(Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision(d) [as applicable] of Government Code Section 54956.9):
One Case - Veolia Mediation
D. PUBLIC COMMENT BEFORE CLOSED SESSION
E. ADJOURN TO CLOSED SESSION
F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
6:25 p.m.
G. ROLL CALL
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
I. STATEMENT OF CONFLICT OF INTEREST
J. REPORT FROM THE EXECUTIVE DIRECTOR
K. AGENDA REVIEW
L. HOUSING AUTHORITY CONSENT CALENDAR
L.1. Continued use of teleconference technology for meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361
12 ADOPT a resolution requiring the continued use of teleconferencing for the meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510-620-6513).
M. ADJOURNMENT
N. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.
O. ROLL CALL
P. STATEMENT OF CONFLICT OF INTEREST
Q. AGENDA REVIEW
R. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
S. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
T. REPORT FROM THE IMPLEMENTATION SUB-COMMITTEE FOR
REIMAGINING TASK FORCE (public comment allowed under Open Forum) U. OPEN FORUM FOR PUBLIC COMMENT
V. CITY COUNCIL CONSENT CALENDAR
V.1. City Clerk's Office
a. Continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill (Ab) 361
16 ADOPT a resolution requiring the continued use of
teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361 – City Clerk’s Office (Pamela Christian 510-620-6513).
b. Amendments, Updates, and Corrections to the Council Rules and Procedures
20 APPROVE amendments to the Council Rules and Procedures – City Clerk’s Office (Pamela Christian 510-620-6513).
V.2. Economic Development
a. City-Wide Community Benefits Policy (Ordinance) 56
INTRODUCE an ordinance (first reading) for a city-wide
community benefits policy – City Manager’s Office (Shasa Curl 510-620-6512).
V.3. Finance Department
a. Annual review and adoption of swap policy for fiscal year 2021- 2022
65 REVIEW the Swap Policy for Fiscal Year 2021-2022; and ADOPT the resolution approving said policy – Finance Department (Belinda Brown 510-620-6740). This item was
continued from the January 11, 2022, meeting.
V.4. Human Resources
a. Contract amendment with The Segal Group Inc. (Western States) dba Segal to provide supplemental classification and compensation services
78 APPROVE an amendment to the contract with The Segal
Group, Inc. in the amount of $30,000, for a total amount not to exceed $280,000, to provide supplemental services to complete the city-wide classification and compensation study; and APPROVE the appropriation of these funds from the general fund reserve balance - Human Resources Department (Anil Comelo/Teresa Fairbanks 510-620-6609).
V.5. Library and Community Services
a. Love Your Block (LYB) Mini-Grant Program Fiscal Years 2021- 2023
165
APPROVE the Fiscal Years (FY) 2021-2023 Love Your Block Mini-Grant (LYB Mini-Grant) program guidelines, application, final report, and grant award agreement; and AUTHORIZE the city manager or designee to administer grant award agreements and disburse grant funds upon selection of recipients – Library and Community Services Department (LaShonda
White/Stephanie Ny 510-620-6563).
V.6. Mayor's Office
a. Appointment(s) to the Richmond-Zhoushan Friendship
Commission
187
APPROVE appointment(s) to the Richmond-Zhoushan
Friendship Commission; APPOINT Alexander Golovets, new
appointment, seat #10, term expiration date December 31, 2023 – Office of the Mayor (Mayor Tom Butt 510-620-6503).
b. Appointment(s) to the Economic Development Commission 190 APPROVE appointment(s) to the Economic Development
Commission; APPOINT Andrea Portillo-Knowles, new
appointment, seat #15, term expiration date March 30, 2022 – Office of the Mayor (Mayor Tom Butt 510-620-6503).
c. Appointment(s) to the Human Rights and Human Relations Commission
193
APPROVE appointment(s) to the Human Rights and Human
Relations Commission; APPOINT Megan Sanchez, new
appointment, seat #3, term expiration date March 30, 2023; Jason Woody, new appointment, seat #9, term expiration date March 30, 2025 – Office of the Mayor (Mayor Tom Butt 510- 620-6503)
d. Appointment(s) to the Workforce Development Board 197 APPROVE appointment(s) to the Workforce Development
Board; APPOINT Alexandra McGee, new appointment, seat #8, education and training representative, term expiration date September 22, 2026 – Office of the Mayor (Mayor Tom Butt 510-620-6503).
e. Appointment(s) to the Housing Advisory Commission 200 APPROVE an appointment to the Housing Advisory
Commission; APPOINT Preston Lam, re-appointment, seat #7, term expiration date November 1, 2022 – Office of the Mayor (Mayor Tom Butt 510-620-6503).
V.7. Public Works
a. Contract Amendment No. 2 to legal services contract with Downey Brand law firm
203
APPROVE Contract Amendment No. 2 with Downey Brand law
firm, increasing the amount of the contract $255,000 (over three years), for a total amount not to exceed $510,000, for the legal review of the requirements as predetermined in the existing Baykeeper Settlement Agreement, and to represent the City in any future settlement agreement discussions - Public Works (Joe Leach 510-620-5478). This item was continued from the December 21, 2021, and January 11, 2022, meetings.
b. Keller Beach sewer line closed-circuit television evaluation 358 ADOPT a resolution to ACCEPT the Keller Beach Sanitary
Sewer CCTV Review and Assessment Report by NCE-
Coastland dated January 3, 2022 – Public Works Department (Joe Leach 510-620-5478).
c. Resolution ordering the preparation of the annual engineer’s report for Fiscal Year 2022-2023 regarding improvements and costs for the Marina Bay Landscape and Lighting Maintenance District
415
ADOPT a resolution ordering the preparation of the annual engineer’s report for Fiscal Year 2022-2023 regarding
improvements and costs for the Marina Bay Landscape and Lighting Maintenance District – Public Works Department (Joe Leach 510-620-5478).
d. Resolution ordering the preparation of the annual engineer’s report for fiscal year 2022-2023 regarding improvements and costs for the Hilltop Landscape Maintenance District
418
ADOPT a resolution ordering the preparation of the Engineer’s Report for Fiscal Year 2022-2023 regarding improvements and costs for the Hilltop Landscape Maintenance District - Public Works Department (Joe Leach 510-620-5478/Greg Hardesty
510-620-6920).
W. PUBLIC HEARINGS
W.1. Redistricting Public Hearing 421
HOLD A PUBLIC HEARING AT 7:00 P.M. to RECEIVE public input on draft maps of voting district boundaries as part of the City’s requirement to redistrict the City after the release of the 2020 census data. National Demographics Corporation will lead the process – City Clerk’s Office (Pamela Christian 510-620-6513).
W.2. Amendments to Richmond Municipal Code (RMC) Article 15.04.615 to extend amortization period for nonconforming land uses related to the storage and handling of coal and petroleum coke to December 31, 2026 (PLN21-427)
442
INTRODUCE an ordinance (first reading) amending Richmond Municipal Code Sections 15.04.615.050.C and 15.04.615.010.B to extend the amortization period for existing nonconforming land uses related to coal and petroleum coke storage and handling and require the discontinuation of all such uses by December 31, 2026; and; DETERMINE that the ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it is not a Project under CEQA (CEQA Guidelines section 15378) and because it is exempt from CEQA pursuant to CEQA Guidelines sections 15301 (existing facilities exemption), 15307 (action to protect natural resources), 15308 (action to protect the environment), and/or 15061(b)(3) (“Common Sense” exemption where there is no reasonable possibility of a significant effect on the environment) – Community Development Department (Lina Velasco 510-620-6841).
W.3. Temporary (45-day) Moratorium on certain building permits related to sewer connections to the Keller Beach Sanitary Sewer
496
ADOPT an urgency ordinance, pursuant to Government Code Section 65858, establishing a temporary moratorium (45 days) on the issuance of certain building permits for development requiring new sewer connections to the Keller Beach Sanitary Sewer – Public Works Department (Joe Leach 510-620-5478).
W.4. Appeal of Planning Commission's approval of a conditional use permit and design review (PLN20-043)
CONTINUED TO FEBRUARY 1, 2022 - ADOPT a Resolution Denying the Appeal and Affirming the Planning Commission’s conditional approval of a Conditional Use Permit and Design Review, to construct a single- family residence on a vacant parcel located within the -S, Shoreline Overlay district at 357 Western Avenue – Community Development Department (Lina Velasco 510-620-6706).
X. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
Y. ADJOURNMENT
January 18, 2022
City Clerk's Office
DATE: January 18, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Pamela Christian, City Clerk
Subject:
(This will appear on the agenda)
Continued use of teleconference technology for meetings of the Board of Commissioners of the Richmond Housing
Authority pursuant to the provisions of AB 361
FINANCIAL IMPACT: There will be no fiscal impact associated with this action.
PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
December 21, 2021
STATEMENT OF THE
ISSUE:
In order for the Board of Commissioners of the Richmond Housing Authority to continue conducting virtual meetings and comply with the provisions of the Brown Act it is
necessary for the Board of Commissioners of the
Richmond Housing Authority to make findings verifying
the need for the continuation of virtual meetings.
RECOMMENDED ACTION:
(This will appear on the agenda)
ADOPT a resolution requiring the continued use of
teleconferencing for the meetings of the Board of
Commissioners of the Richmond Housing Authority
pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510-620-6513).
AGENDA
REPORT
January 18, 2022
DISCUSSION:
Background
Beginning in March of 2020, the Governor issued a series of Executive Orders relaxing certain provisions of the Brown Act in response to the COVID-19 pandemic. In short, those orders allowed local governments to conduct their meetings 100% remotely, so long as members of the public still had the ability to view, listen and comment on items on the agenda. The most recent of these orders expired on September 30, 2021. On September 16, 2021, the governor signed into law AB 361, an urgency measure (meaning it became effective immediately) which largely continues the executive orders allowing for remote meetings. The Governor subsequently issued an order making the provisions of AB 361 effective beginning October 1, 2021.
Analysis of Assembly Bill (AB) 361
AB 361 contains several requirements in order to continue the use of remote meetings.
These include:
● There must be a state of emergency declared under the California Emergency Services Act. This effectively means the Governor must have declared the emergency. ● During the state of emergency, either state or local officials have imposed or recommended measures to promote social distancing, or that meeting in person would present an imminent risk to the health or safety of attendees. ● In order to continue to utilize remote meetings, the Council must reconsider the factors above every 30 days and adopt specified findings that the fact relied upon still exist.
As the attached resolution spells out, the State of California is still under an emergency declaration regarding COVID-19, and both state and local health officials continue to recommend social distancing to help stop the spread of the virus. The resolution requires that all meetings of the Board of Commissioners of the Richmond Housing Authority will be held using teleconferencing technology The Board of Commissioners of the Richmond Housing Authority will continue to update the findings every 30 days, in compliance with AB 361.
DOCUMENTS ATTACHED:
Attachment 1- Resolution requiring the continued use of teleconferencing for the meetings of all the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361
Reso. No.
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING
AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, MAKING FINDINGS
REQUIRING THE CONTINUED USE OF TELECONFERENCING FOR MEETINGS
OF THE BOARD OF COMMISSIONERS OF THE RICHMOND HOUSING
AUTHORITY PURSUANT TO THE PROVISIONS OF AB 361
WHEREAS in response to the COVID-19 pandemic, the Governor adopted a series of Executive Orders allowing the legislative bodies of local governments to meet remotely via teleconference through September 30, 2021, so long as other provisions of the Ralph M. Brown Act (“Brown Act”) were followed; and
WHEREAS, on September 16, 2021, the Governor signed into law as an urgency measure, Assembly Bill (AB) 361 a bill that amends the Brown Act to allow local policy bodies to continue to meet by teleconferencing during a state of emergency without complying with restrictions in state law that would otherwise apply, provided that the policy bodies make certain findings at least once every 30 days; and
WHEREAS, the Board of Commissioners of the Richmond Housing Authority has considered the current state of health guidance related to public meetings in Contra Costa County and finds it necessary to continue with remote meetings for the next 30 days to promote public health and safety; and
WHEREAS, the entire State of California remains under a proclaimed state of emergency as declared by the Governor of the state of California related to the COVID-19 pandemic; and
WHEREAS, the California Department of Public Health continues to require the use of face coverings in indoor settings in order to help stop the spread of the virus.
WHEREAS, the Health Officer for Contra Costa County published “Recommendations for Safely Holding Public Meetings” on September 20, 2021, that “strongly recommend” on- online meetings, and that local agencies should provide options for the public to participate without having to attend meetings in person, and that social distancing should be used for any in- person meetings, including six feet of spacing between all in attendance; and
WHEREAS, the Board of Commissioners of the Richmond Housing Authority has met remotely during the COVID-19 pandemic and can continue to do so in a manner that allows public participation and transparency while minimizing health risks to members, staff, and the public who would be present with in-person meetings while this emergency continues.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE
HOUSING AUTHORITY OF THE CITY OF RICHMOND, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA THAT the Board of Commissioners of the Richmond Housing Authority finds as follows:
1. As described above, the State of California, the County of Contra Costa and the City of Richmond remain in a state of emergency due to the COVI-19 pandemic. At this meeting the Board of Commissioners of the Richmond Housing Authority has considered the circumstances of the state of emergency; and
2. As described above State and County officials continue to recommend measures to promote physical distancing and other social distancing measures, in some settings; and
3. As described above meetings of this body in person would present imminent risks to the safety of attendees, and the state of emergency continues to directly impact the ability of members to meet safely in public; and:
Reso. No.
BE IT FURTHER RESOLVED THAT That, based on the findings required by Government Code section 549539(e), as amended by AB 361, the Board of Commissioners of the Richmond Housing Authority requires the continued use of teleconferencing for the next 30 days for all public meetings of the Board of Commissioners of the Richmond Housing Authority; and
BE IT FURTHER RESOLVED, That all public meetings of the Board of Commissioners of the Richmond Housing Authority conducted by teleconferencing technology shall provide an opportunity for members of the public to address the body and otherwise occur in a manner that protects all statutory and constitutional rights of the public attending the meeting via teleconferencing, and;
BE IT FURTHER RESOLVED That the Clerk of the Board of Commissioners of the Richmond Housing Authority is directed to place a resolution substantially similar to this resolution on the agenda of a future meeting of the Board of Commissioners of the Richmond Housing Authority within the next 30 days.
**************************
The foregoing resolution was passed and adopted by the Commissioners of the Housing Authority of the City of Richmond at a special meeting thereof held on January 18, 2022, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Chairperson
[SEAL]
Attest:
Secretary
Approved as to form:
City Attorney
January 18, 2022
City Clerk's Office
DATE: January 18, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Pamela Christian, City Clerk
Subject:
(This will appear on the agenda)
Continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of
Assembly Bill (Ab) 361
FINANCIAL IMPACT: There is no additional financial impact.
PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
December 21, 2021
STATEMENT OF THE
ISSUE:
In order for the City Council to continue conducting virtual meetings and comply with the provisions of the Brown
Act, it is necessary for the City Council to make findings verifying the need for the continuation of virtual meetings.
RECOMMENDED ACTION:
(This will appear on the agenda)
ADOPT a resolution requiring the continued use of
teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361 – City Clerk’s Office (Pamela Christian 510-620-6513).
AGENDA
REPORT
January 18, 2022
DISCUSSION:
Background
Beginning in March of 2020, the Governor issued a series of executive orders relaxing certain provisions of the Brown Act in response to the COVID-19 pandemic. In short, those orders allowed local governments to conduct its meetings one hundred percent remotely, so long as members of the public still had the ability to view, listen and comment on items on the agenda. The most recent of these orders expired on September 30, 2021.
On September 15, 2021, the governor signed into law AB 361, an urgency measure (meaning it became effective immediately) which largely continues the executive orders allowing for remote meetings. The Governor subsequently issued an order making the provisions of AB 361 effective beginning October 1, 2021.
Analysis of Assembly Bill (AB) 361
AB 361 contains several requirements in order to continue the use of remote meetings.
These include:
● There must be a state of emergency declared under the California Emergency Services Act. This effectively means the Governor must have declared the emergency.
● During the state of emergency, either state or local officials have imposed or recommended measures to promote social distancing, or that meeting in person would present an imminent risk to the health or safety of attendees. ● In order to continue to utilize remote meetings, the Council must reconsider the factors above every 30 days and adopt specified findings that the fact relied upon still exist.
As the attached resolution spells out, the State of California is still under an emergency declaration regarding COVID-19, and both state and local health officials continue to recommend social distancing to help stop the spread of the virus. The resolution applies to all of the City’s legislative bodies (as defined by the Brown Act) and will remain in effect for the next 30 days. The city will continue to update the findings every 30 days, in compliance with AB 361.
DOCUMENTS ATTACHED:
Attachment 1- Resolution requiring the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of AB 361
Reso. No.
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,
MAKING FINDINGS REQUIRING THE CONTINUED USE OF
TELECONFERENCING FOR MEETINGS OF ALL CITY OF RICHMOND
LEGISLATIVE BODIES PURSUANT TO THE PROVISIONS OF AB 361
WHEREAS, in response to the COVID-19 pandemic, the Governor adopted a series of Executive Orders allowing the legislative bodies of local governments to meet remotely via teleconference through September 30, 2021, so long as other provisions of the Ralph M. Brown Act (“Brown Act”) were followed; and
WHEREAS, on September 16, 2021, the Governor signed into law as an urgency measure, AB 361 a bill that amends the Brown Act to allow local policy bodies to continue to meet by teleconferencing during a state of emergency without complying with restrictions in state law that would otherwise apply, provided that the policy bodies make certain findings at least once every 30 days; and
WHEREAS, on behalf of all legislative bodies of the City of Richmond that are subject to the Brown Act, the Richmond City Council has considered the current state of health guidance related to public meetings in Contra Costa County and finds it necessary to continue with remote meetings for the next 30 days to promote public health and safety; and
WHEREAS, the entire State of California remains under a proclaimed state of emergency as declared by the Governor of the state of California related to the COVID-19 pandemic; and
WHEREAS, the California Department of Public Health continues to require the use of face coverings in indoor settings in order to help stop the spread of the virus.
WHEREAS, the Health Officer for Contra Costa County published “Recommendations for Safely Holding Public Meetings” on September 20, 2021 that “strongly recommend” on- online meetings, and that local agencies should provide options for the public to participate without having to attend meetings in person, and that social distancing should be used for any in- person meetings, including six feet of spacing between all in attendance; and
WHEREAS, the City Council and all other legislative bodies of the City of Richmond have met remotely during the COVID-19 pandemic and can continue to do so in a manner that allows public participation and transparency while minimizing health risks to members, staff, and the public who would be present with in-person meetings while this emergency continues.
NOW, THEREFORE, BE IT RESOLVED, That the City Council of the City of Richmond finds as follows:
1. As described above, the State of California, the County of Contra Costa and the City of Richmond remain in a state of emergency due to the COVI-19 pandemic. At this meeting the Richmond City Council has considered the circumstances of the state of emergency; and
2. As described above State and County officials continue to recommend measures to promote physical distancing and other social distancing measures, in some settings; and
3. As described above meetings of this body in person would present imminent risks to the safety of attendees, and the state of emergency continues to directly impact the ability of members to meet safely in public; and:
BE IT FURTHER RESOLVED That, based on the findings required by Government Code section 549539(e), as amended by AB 361, the City of Richmond requires the continued use of teleconferencing for the next 30 days for all public meetings of the Richmond City Council and all City of Richmond boards, commissions, committees and subcommittees subject to the Brown Act; and
Reso. No.
BE IT FURTHER RESOLVED, That All City public meetings subject to the Brown Act conducted by teleconferencing technology shall provide an opportunity for members of the public to address the body and otherwise occur in a manner that protects all statutory and constitutional rights of the public attending the meeting via teleconferencing, and;
BE IT FURTHER RESOLVED That the City Clerk is directed to place a resolution substantially similar to this resolution on the agenda of a future meeting of the City Council within the next 30 days.
*********************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held January 18, 2022, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
Mayor
Approved as to form:
City Attorney
January 18, 2022
City Clerk's Office
DATE: January 18, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Pamela Christian, City Clerk
Subject:
(This will appear on the agenda)
Amendments, Updates, and Corrections to the Council
Rules and Procedures
FINANCIAL IMPACT: There is no financial impact with this item
PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
Click or tap here to enter text.
STATEMENT OF THE
ISSUE:
The City Council Rules and Procedures require Council
final approval of the updates.
RECOMMENDED ACTION:
(This will appear on the agenda)
APPROVE amendments to the Council Rules and
Procedures – City Clerk’s Office (Pamela Christian 510- 620-6513).
AGENDA
REPORT
January 18, 2022
DISCUSSION:
CHANGES APPROVED BY THE COUNCIL:
Section II. Meetings
On July 27, 2021, the City Council Adopted Resolution No.104-21 amending the City of Richmond City Council Rules of Procedure and Order (initially adopted by Resolution No. 27-06 and amended in subsequent years) to modify the Section II A.(1) Regular Meetings of that policy.
Regular Meetings
Regular meetings of the Council of the City of Richmond shall be held on the first and third Tuesdays of the month provided that, if any Tuesday falls on a legal holiday, the meeting shall be held on the following Tuesday at the same hour. Any future regular or special meeting may be canceled by a vote of a majority of the members of the City Council during a regular or special meeting.
On November 23, 2021, the City Council Adopted Resolution No. 140-21 amending the City of Richmond City Council Rules of Procedure and Order (initially adopted by Resolution No. 27-06 and amended in subsequent years) to modify the Section II C.
Closed Sessions of that policy.
Closed Sessions
A closed session may be held at any regular or special meetings for any purpose authorized by the Brown Act. Council actions shall be governed by the Brown Act.
Public comment shall be received in open session prior to a closed session. To ensure strict compliance with the Brown Act, the City Attorney, or the City Attorney’s designee, shall be the individual who reports out in public session any reportable action taken during closed session, and any other information from closed session authorized to be disclosed by a majority vote of the City Council.
SUGGESTED CHANGES INCLUDE:
Section II. Meetings
City Council Recess Periods
The City Council recess period shall begin the first Tuesday in August, and reconvene the first Tuesday following the week of Labor Day.
January 18, 2022
Section III. Conducting Meetings
Add - Manner of Addressing the City Council – Virtual or by phone
- To comment by video conference, click on the Participants button at the bottom of your screen and select the “Raise Your Hand” button to request to speak when Public Comment is being asked for. Speakers will be called upon in the order they select the “Raise Your Hand” feature. When called upon, press the unmute button. After the allotted time, you will then be re-muted.
- To comment by phone, you will be prompted to “Raise Your Hand” by pressing “*9” to request to speak when Public Comment is asked for. When called upon, you will be asked to unmuted by pressing *6. After the allotted time, you will then be re-muted.
Modify - Removal of Item From Consent
Procedures for Removing Items from the Consent Calendar:
- Members of the public who request to remove an item from the consent calendar must first discuss the item with a staff member by phone or a back-and-forth email discussion, and state the name of the staff member when requesting removal of the item from the consent calendar.
- Any member of the City Council who would like to remove an item from the consent calendar must notify the appropriate staff person and the City Clerk’s Office prior to the meeting. Although members of the City Council are encouraged to ask questions and share concerns with staff ahead of the meeting, they are not required to do so.
- The Clerk’s Office must be informed of any requests to remove items from the Consent Calendar.
- Items removed from the Consent Calendar shall be placed at the end of the agenda for consideration.
ALL OTHER CHANGES:
Other changes include language and grammatical corrections throughout the document, and modifications to Section IV. Order of Business , Scheduling of Items to correspond with the new agenda format.
DOCUMENTS ATTACHED:
Attachment 1 – Council Rules and Procedures – red-lined Attachment 2 – Council Rules and Procedures – clean version
1 CITY OF RICHMOND
City Council Rules
of
Procedure and Order
Adopted by City Council Resolution No. 61-13
Effective: June 18, 2013
Amended April 22, 2014
Amended October 21, 2014
Amended July 27, 2021
Amended November 23, 2021
Amended January 18, 2022
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Richmond that the following rules of the City Council shall govern all proceedings of the City Council therein described, subject to the exception and deviations provided for in such rules.
BE IT FURTHER RESOLVED, that the Council shall review its Rules of Procedure in March of each even numbered year.
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2 Table of Contents
SECTION PAGE
I. Officers’ Responsibilities 4
II. Meetings 4
III. Conducting Meetings 5
IV. Order of Business 8
V. Agenda Preparation 11
VI. Procedural Matters 13
3 DEFINITIONS
Councilmembers: All elected members of the City Council including the mayor.
4 I. Officers’ Responsibilities
A. Duties of Mayor At City Council Meetings
The mayor shall preside at the meetings of the Council and shall preserve strict order and decorum at all regular and special meetings of the Council. The mayor shall state every question coming before the Council and announce the decision of the Council on all subjects, and decide all questions of order. The mayor has final say on all rules, subject to being overturned by a majority of the City Council.
B. Duties of Councilmembers at City Council Meetings
Promptly at the hour on the date of each regular and special meeting, the members of the Council shall take their regular stations in the Council Chambers and the business of the Council shall be taken up for consideration and disposition pursuant to Article III of the City Charter.
II. Meetings
A. Regular Meetings
(1) Regular meetings of the Council of the City of Richmond shall be held on the first and third Tuesdays of the month provided that, if any Tuesday falls on a legal holiday, the meeting shall be held on the following Tuesday at the same hour. Any future regular or special meeting may be canceled by a vote of a majority of the members of the City Council during a regular or special meeting. Any future regular or special meeting may be canceled by the mayor, at the mayor’s discretion, or by the vote of a majority of the members of the City Council during a regular or special meeting.
(2) Regular meetings held on the first and third Tuesdays of the month should be reserved for items requiring Council action.
(3) The evening session of regular City Council meetings shall begin at 6:30 p.m or as otherwise posted.
(4) Regular meetings of the City Council shall adjourn by 11:00 p.m. unless the time of adjournment is extended by the consent of a majority of the City Council. Any motion to extend the meeting beyond 11:00 p.m. shall include a list of specific agenda items to be discussed or approved and shall specify the order these items shall be handled. If a meeting continues past 11:00 p.m., it shall end at 11:30 p.m. 11:30 shall be the firm end-time of the meeting, unless by a 2/3 vote the City Council suspends the rules and then votes affirmatively to extend past 11:30
B. Fourth Tuesday Meetings As Needed
The Council may hold regular meetings on the fourth Tuesday of the month as needed.
Study sessions, presentations, proclamations, commendations, time-sensitive items, and items expected to take more than an hour will be scheduled at that meeting. If possible, agenda items anticipated to be lengthy should appear as the first item on the agenda.
Study for Action sessions may result in a City Council motion that provides policy direction to staff.
C. Closed Sessions
A closed session may be held at any regular or special meeting for any purpose authorized by the Brown Act. Council actions shall be governed by the Brown Act.
Public comment shall be received in open session prior to a closed session. To ensure strict compliance with the Brown Act, the City Attorney, or the City Attorney’s designee, shall be the individual who reports out in public session any reportable action taken during closed session, and any other information from
5 closed session authorized to be disclosed by a majority vote of the City Council.
D. Special Meetings
Special meetings may be called at any time by the Mayor or by a majority of the City
6 Council in accordance with Government Code Section 54956. The call and notice of such special meeting shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such special meeting by the City Council.
E. City Council Recess Periods
The City Council recess period shall begin after the first Tuesday in August, and reconvene the first Tuesday following the week of Labor Day.
During any recess period, the Ccity Mmanager is authorized to take such ministerial actions for matters of operational urgency including such emergency actions as are necessary for the immediate preservation of the public peace, health or safety, as would normally be taken by the City Council during the period of recess, except for those duties specifically reserved to the Council by the Charter. This authority extends throughout the period of recess established by the City Council.
The Ccity Mmanager shall make a full and complete report to the City Council at its first regularly scheduled meeting, following the period of recess, of actions taken by the Ccity Mmanager pursuant to this section, at which time the City Council may make such findings as may be required and confirm said actions of the Ccity Mmanager.
III. Conducting Meetings
A. Rosenberg Rules of Order
Rosenberg's Rules of Order, as published by the League of California Cities, shall be the parliamentarian rules of order for City Council meetings except for the exceptions described in Section VI, B Procedural Matters 5-7.
B. Quorum Call
During the course of the meeting, should the Chair note a Council quorum is lacking, the Chair shall call this fact to the attention of the Ccity Cclerk. The Ccity Cclerk shall issue a quorum call. If a quorum has not been restored within three minutes of a quorum call, the mayor may call for a recess of up to 30 minutes in order to establish a quorum or he/she may adjourn the meeting.
C. Decorum and Discussion by Council members
While the Council is in session, the members must preserve order and decorum. A Councilmember shall not, by conversation or other actions, delay, interrupt the proceedings or the peace of the Council nor disturb any member while speaking, nor refuse to obey the orders of the Council, or the presiding officer, except as otherwise herein provided. Councilmembers shall use discretion and leave the Chamber to discuss items before the City Council with members of the audience.
Councilmembers are prohibited from using a cell phone or pager during a meeting, except for urgent matters, to avoid disruption and also to avoid a perception of a Brown Act violation.
All Councilmembers shall maintain a professional decorum during business meetings of the City Council. All members should adhere to the City of Richmond’s Code of Ethics.
Councilmembers shall limit their questions to staff and other presenters to actual questions, rather than statements.
Councilmember’s comments and questions will be limited to 5 minutes per item.
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7 per Councilmember. For important issues, each Councilmember will be allowed two “special considerations” per meeting. Each “special consideration” will allow a Councilmember an additional 5 minutes on a topic.
D. Manner of Addressing the City Council in-person - Time Limit
(1) Anyone who desires to address the City Council on items appearing on the agenda must complete and file a pink speaker’s card with the city clerk prior to the City Council’s consideration of the item. Once the city clerk has announced the item and discussion has commenced, no person shall be permitted to speak on the item other than those persons who have submitted their names to the city clerk. Speakers will be called when the item is announced for discussion. Each speaker will be allowed two (2) minutes to address the City Council on items listed on the agenda.
(2) Unless otherwise permitted by a majority of the City Council, once the discussion of the agenda item has commenced, no person shall be permitted to speak on the item other than those persons who have submitted their names to the City Clerk. Unless otherwise waived by a majority of the City Council any person addressing the City Council on any item on the agenda shall be limited to a maximum of two (2) minutes.
(3)The city clerk shall call the speakers in groups of seven to sit directly behind the speakers podium. The person shall approach the microphone, state his/her name and city of residence in an audible tone of voice for the records. All remarks shall be addressed to the City Council as a body and not to any member thereof.
Manner of Addressing the City Council – Virtual or by phone
(4) To comment by video conference, click on the Participants button at the bottom of your screen and select the “Raise Your Hand” button to request to speak when Public Comment is being asked for. Speakers will be called upon in the order they select the “Raise Your Hand” feature. When called upon, press the unmute button. After the allotted time, you will then be re-muted.
(5) To comment by phone, you will be prompted to “Raise Your Hand” by pressing “*9” to request to speak when Public Comment is asked for. When called upon, you will be asked to unmuted by pressing *6. After the allotted time, you will then be re-muted.
E. Decorum by Public
No person shall engage in disorderly behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting. Such behavior may include but is not limited to shouting, making disruptive noises, such as boos or hisses, creating or participating in a physical disturbance, calling out or speaking out of turn or in violation of applicable rules, refusing to modify conduct after being advised by the presiding officer that the conduct is disrupting the meeting or disobeying any other lawful order of the presiding officer, speaking on an issue that is not within the jurisdiction of the City Council, speaking on an item at a time not designated for discussion by the public of that item, continuing to speak after the allotted speaker time has expired, causing an immediate threat to public safety, preventing or attempting to prevent others who have the floor from speaking, preventing others from observing the meeting, entering into or remaining in an area of the meeting room that is not open to the public, or approaching the Council table without consent. Any message to or contact with any member of the Council while the Council is in session shall be through the City Clerk.
F. Enforcement of Decorum
Any law enforcement officer on duty or whose service is commanded by the presiding officer shall be Sergeant-at-Arms of the Council meetings. He/she, or they, shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meetings.
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8 The rules of conduct shall be enforced in the following manner:
a) Call to order and warning to desist. Whenever practicable, the presiding officer shall give a warning to the person who is breaching the rules of conduct to be orderly and to comply with the rules of conduct. A second warning shall also be given when practicable.
A warning need not be given when it would not be effective under the circumstances, including when, for example, the disturbance is such that the warning cannot be heard above the noise, or the person’s conduct immediately threatens public safety (such as throwing of objects or specific threats of harm and the apparent, present ability to carry out such threats).
9 b) Order barring person from that same meeting. A person who engages in disorderly behavior shall be barred from the remainder of that same council meeting by the presiding officer when that person continues the disorderly behavior after receiving a warning at that meeting (and a second warning when practicable) to desist. Such behavior is willful disruption that actually disrupts the orderly conduct of the meeting.
G. Brown Act Requirements for Council Action
The Council shall not take action on any item that has not been published on the agenda of the meeting and posted in accordance with Chapter 4 of the Brown Act. Any item not on the agenda shall not be considered unless the item can be considered by the City Council pursuant to Government Code Section 54954.2(b), The Ralph M. Brown Act (Attached as Section B, Government Code Section 54950-54963, in the Index of this Policy).
H. Requests for Technical Assistance and/or Reports
During Council consideration of an item any member can request staff to provide technical assistance, develop a report, initiate staff research, or respond to requests for information or service. All such responses to these requests become a matter of Public Record.
A Councilmember may request research on any item being considered. Any Councilmember may ask staff to provide information when such a request would only require a reasonable amount of time to accomplish, as determined by the Ccity Mmanager. A request for information being considered that requires an extensive amount of staff time must be approved by the majority of the Councilmembers. Staff shall not spend any time or money pursuing initiatives that are contrary to existing public policy without first requesting and receiving direction from a majority of the City Council.
City staff has the same obligation to respond to Councilmembers’ requests for information as requests from the public pursuant to Chapter 2.40 of the Richmond Municipal Code (RMC).
10 I. Recordings of Meetings
All meetings of the City Council (except closed sessions) shall be open to the media and may be recorded by tape, radio, television, or photography by a member of the public, provided such recordings do not interfere with the orderly conduct of the meetings and do not (because of noise, illumination, or obstruction of view) constitute a persistent disruption of the proceedings.
J. Campaigning at Meetings
City Council chambers during City Council meetings are a campaign-free zone. Election of individuals to the Council or other office is not within the Council’s subject matter jurisdiction, and speakers may not campaign for or against candidates for office at Council meetings. Ballot measures, on the other hand, are within the jurisdiction of the Council and may be discussed; and speakers may criticize the City’s policies, programs, services or acts or omissions of the Council or its members. The following are examples of permissible comments: “Vote for Measure A”, “Vote against Measure D”, “The streets are filled with potholes”, “The Council is doing a poor job”, “Councilmember Smith is a lousy councilmember.” The following comments are examples of impermissible comments outside of the City’s subject matter jurisdiction: “Vote for Smith”, “Vote against Smith”.
IV. ORDER OF BUSINESS
A. Pledge of Allegiance to the Flag – in person meeting
At the beginning of each the Richmond City Council meeting, the Pledge of Allegiance will be recited by the
City Council and the audience.
B. Call to Order - Presiding Officer
The Mmayor, or in the Mmayor’s absence, the Vvice Mmayor, shall take the chair precisely at the hour appointed by the meeting and shall immediately call the Council to order. Upon the arrival of the Mmayor, the Vvice Mmayor shall immediately relinquish the chair
at the conclusion of the business presently before the Council. In the absence of the two officers specified in this section, the Councilmember present with the longest consecutive period of Council service shall preside.
C. Roll Call
Before proceeding with the business of the City Council, the Ccity Cclerk shall call the roll of the members of the City Council and the names of those present and absent shall be entered in the minutes.
D. Scheduling of Items
As a courtesy to the public, to the extent possible, the City Council agenda will include estimated times for agenda items to be heard for items that are of considerable public interest. If a time certain appears on the Council agenda, in no event will the agenda item be heard or discussed before its estimated time. The business of the City Council at its regular meetings on the first and third Tuesdays of the month shall be taken up for consideration and disposition in the order set forth below and as published by the Ccity Cclerk, except that with the concurrence of a majority of the City Council matters may be taken up out of order:
a. Roll Call
b. Statement of Conflict Oof Interest
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11 c. Agenda Review
d. Presentation, Proclamations and Commendations (if required for timeliness) Presentations, proclamations and commendations shall be limited to three (3) items per meeting and a maximum of five (5) minutes for each item, unless otherwise permitted by the Mayormayor. Unless items are deemed to be time sensitive by the Mayormayor, presentations proclamations and commendations should be limited to the City Council meeting on the fourth Tuesday. Each Councilmember shall be limited to thirty (30) minutes of Presentations and Proclamations each ½ year, with sixty (60) minutes allocated for the Mayormayor for each ½ year/.
e. Report from City Attorney for final decision made, and non-confidential discussions held, during Closed session
f. Report from the City Manager
g. Abatement Report from the Public Works Director – First Tuesday meeting h. Report from Implementation Sub-Committee for Reimagining Task Force – Third Tuesday meeting
i. Recent Crime Report by the Police Chief – Fourth Tuesday meeting
fj. Open Forum for Public Comments (public comment for items that remain on the Consent Calendar and Items f, g, and h, listed above, may be heard under Open Forum).
gk. Consent Calendar (including approval of minutes, resolutions that are non- controversial, and second reading of ordinances).
lh. Public Hearings
m. Budget Sessioni.
Resolutions
j. Ordinances
kn. Council as a Whole New Business – (including Council as a Whole items, resolutions that require discussion, and ordinances that do not require a public hearing)
ol. Reports of Officers: Standing Committee Reports, Reports from Mayor/Council members/Staff, and Referrals to Staff
pm. Adjournment
E. Open Forum for Public Comments – in person
Individuals who would like to address the City Council on matters not listed on the agenda may do so under Open Forum. All speakers must complete and file a pink speaker’s card with the City Clerk prior to the commencement of Open Forum. The amount of time allotted to individual speakers shall be determined based on the number of persons requesting to speak during this item. The time allocation for each speaker will be as follows: 15 or fewer speakers, a maximum of 2 minutes; 16 to 24 speakers, a maximum of 1 and one-half minutes; and 25 or more speakers, a maximum of 1 minute.
Speakers are asked to give their names and the city of their residencye prior to making their public comments. To expedite the public comment period, the City Clerk will announce the name of the speakers in groups of seven and state the procedure for speakers.
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12 The Mmayor or Mmeeting Cchair may refer a subject to staff or other resources for factual information or for action, if appropriate.
F. Reading of Minutes
Unless the reading of the minutes of the City Council meeting is requested by a majority of the City Council, such minutes may be approved without reading if the Ccity Cclerk has previously furnished each member of the City Council with a copy thereof. Minutes of previous City Council meetings shall be distributed to the Councilmembers and posted on the City’s website 72 hours prior to the next City Council meeting.
G. Consent Calendar
13 The Mayormayor, any member of the City Council, the Ccity Mmanager, the Ccity Aattorney or the Ccity Cclerk may recommend that items appearing on the agenda be placed on the consent calendar for action by the City Council. All items placed on the consent calendar shall appear together on the agenda with the recommendation as to the action to be taken by the City Council with respect to such item. All items placed on the consent calendar that have been approved by a Standing Committee shall appear together on the agenda with the recommendation and the vote of the Standing Committee. Upon the motion of any member of the City Council, all items placed upon the consent calendar may be acted upon together, and each shall be deemed to have received the action recommended.
H. Removal of Item From Consent
Procedures for Removing Items from the Consent Calendar: Members of the public who request to remove an item from the consent calendar must first discuss the item with a staff member by phone or a back-and-forth email discussion, and state the name of the staff member when requesting removal of the item from the consent calendar.
Any member of the City Council who would like to remove an item from the consent calendar must notify the appropriate staff person and the City Clerk’s Office prior to the meeting. Although members of the City Council are encouraged to ask questions and share concerns with staff ahead of the meeting, they are not required to do so.
The Clerk’s Office must be informed of any requests to remove items from the Consent Calendar.
Items removed from the Consent Calendar shall be placed at the end of the agenda for consideration.
Any member of the City Council can object to the placement of any item on the consent calendar, or if any City staff or any member of the public wishes to address the City Council on any item on the consent calendar, the item shall be removed from the consent calendar and shall be heard and acted upon at its regular place on the agenda. A member of the audience requesting to remove an item from the consent calendar must complete and file a speaker’s card with the City Clerk prior to the City Council’s consideration of Agenda Review. An item removed from the Consent Calendar may be placed anywhere on the agenda following the City Council’s agenda review. Councilmembers and members of the public who request to remove an item from the consent calendar must first discuss the item with a staff member and state the name of the staff member when requesting removal of the item from the consent calendar. One or more designated staff members will be present in Council Chambers one hour prior to each Council meeting for this purpose.
I. Public Hearings
The order of proceeding where there is a public hearing (non-appeal items) item before the City Council shall be as follows:
(1) Staff Report
(2) Questions from the Council
(3) Open Public Hearing
(4) Public Speakers, alternating from a speaker in favor and a speaker opposing
(5) Close Public Hearing
(6) Clarification questions to staff
(7) City Council discussion and vote (discussion may include questions by Council)
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14 Where the public hearing involves an appeal of an item to the City Council, the order of proceeding shall be as follows:
(1) Staff Report
(2) Questions from the Council
(3) Open Public Hearing
(4) Appellant's statement *
(5) Principal opponent’s statement *
(6) Public Speakers, alternating from a speaker in favor and a speaker
15 opposing*
(7) Appellant’s rebuttal (two minutes)
(8) Opponent’s rebuttal (two minutes)
(9) Close Public Hearing
(10) Clarification questions to staff or technical questions to applicants.
(11) City Council discussion and vote (discussion may include questions by Council)
* Note: The appellant and the principal opponent addressing the City Council shall be limited to a maximum of eight (8) minutes each and all other persons addressing the City Council shall be limited to a maximum of three (3) minutes.
The City Council by an affirmative vote of a majority of its members may make appropriate adjustments in the amount of time given to make presentations during public hearings depending upon the unique circumstances of a given public hearing.
*Note: Public speakers, alternating from a speaker in favor of the appeal to a speaker opposed to the appeal, to a speaker taking no position. Speakers shall have three minutes to address the City Council.
J. Reports of Officers
Members of the City Council and City staff shall limit th eir reports to m atters concerning attendance at a meeting, conference, event or activity, reminder of upcoming events, meetings or other activities, or update on previously reported information. Service complaints or requests for services by the City Council shall not be reported but shall be directed to the City Manager prior to or following the City Council meeting for appropriate action.
K. Items Not Completed
Any items not completed at a regularly scheduled Council meeting shall be continued to the next regular business meeting or study session meeting (respectively), or by a majority (quorum) vote of the Council to an adjourned regular meeting. Items carried over from a previous meeting shall be heard as the first order of business within the appropriate category if possible. following Presentations, Proclamations and Commendations; Open Forum; and approval of the Consent Calendar.
V. Agenda Preparation
For purposes of this section, the terms listed herein shall be defined as follows:
A. Definitions
1. Agenda Item means an item placed on the agenda for a vote of the Council by a Councilmember, the Ccity Mmanager, Ccity Aattorney, and Ccity Cclerk.
Agenda items shall have an agenda request form anda staff report, including the following:
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16 (b) A Statement of the Issue that adequately informs the public of the subject matter and general nature of the item or report and action requested;
(c) Staff Recommendation signed reviewed and
approved by the City Manager; (d) Fiscal Impacts
of the recommendation;
(e) A description of the current situation and its effects; (f) Background information as needed;
(g) Explanation for the recommendation;
(h) Person or persons to contact for further information, with telephone number;
(i) If the author of any report believes additional background information, beyond the basic report, is necessary to Council understanding of the subject, the staff report will describe the attachments included. The staff report and its attachments will be included in the published agenda packet and distributed in the Council packet to the City Council and a copy will be available for public City Council and public review in on the City
Clerk’s Office webpage.
2. “Agenda” means the compilation of the descriptive titles of agenda items with the required action stated submitted to the City Clerk.
3. “Packet” means the agenda and all the staff reports.
B. Submission of Agenda Items
The placement of any item on any regular or special meeting agenda shall be limited to the following: (1) the Mayormayor or any member of the City Council; (2) the Ccity
Mmanager; (3) the Ccity Aattorney; and (4) the Ccity Cclerk. To place an item on the agenda,
a member of the City Council must submit the item to the City Council staff liaison or to the city clerk, in the absence of the Council liaison,Manager no later than 12 noon on Wednesday, one week prior to the Tuesday regular meeting. The Council will endeavor to submit agenda items that require
staff work earlier than the deadline stated above. The Mayor’s Office staff is responsible to submitting mayor-sponsored items to the agenda by 12 noon on Wednesday, one week prior to the Tuesday regular meeting.
Items placed on the agenda by the City Council shall remain on the agenda and will not be removed without the approval of the Councilmember requesting the item be placed on the agenda.
The Mmayor, and Ccity Mmanager, city clerk, and city attorney shall meet to review the draft agenda as compiled by the Ccity Cclerk and set the final agenda.
C. Committee Review of Certain Items
If it is determined either after or prior to Council consideration of an issue, that the issue requires an in-depth review, a detailed analysis, further debate, discussion or other consideration, this agenda item may be referred to a City Council standing committee or to the full City Council as a study session. Following the committee meeting or study session, the recommendations regarding the items may be placed on a regular or special meeting agenda for consideration by the City Council or placed on a future committee meeting agenda for additional discussion. In order for the full City Council to be engaged in policy issues, an item may not be retained by the committee for more than two (2) months without concurrence of a majority of the City Council. Committees should eventually refer all items to the Council for consideration whether or not a cCommittee recommendation has been reached.
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17 D. Scheduling Public Hearings Mandated by State, Federal, or Local Statute
The City Clerk may schedule a public hearing at an available time and date in those cases where State, Federal or Local statute mandates the City Council hold a public
18 hearing.
E. Packet Preparation and Posting
1. Preparation of the Packet
The Ccity Cclerk shall prepare the packet, which shall include the agenda plus all its corresponding duplicated agenda items. No item shall be considered if not included in the packet, with the exception of a correction or supplement to an item already included in the packet or an item deemed an urgency by the Ccity Aattorney because of the following circumstances:
a. The subject meets the criteria of “Emergency.”
b. There is a need to take immediate action and that the need for action came to the attention of the City subsequent to the posting of the agenda as required by law.
2. Distribution and Posting of Agenda
The cCity Cclerk shall post each agenda of the City Council regular meeting at least 72 hours in advance of the meeting and shall post each agenda of a special meeting at least 24 hours in advance of the meeting on the official bulletin board in the lobby outside enclosed bulletin board of City Hall, at the website, on KCRT (City channel station), at the Richmond Main Library, and at a location that is available to the public 24 hours a day. The Ccity Cclerk shall maintain an affidavit indicating the location, date and timeproof of posting each agenda.
The City Clerk shall also post agendas of all City Council and Standing Committee meetings on the City’s website.
Copies shall also be available free of charge in the lobby of City Hall.
F. Distribution of the Packet
1. 72 or 24 hours prior to said meeting, the City Clerk Council agenda/packet shall be available on the City’s webpagedistribute the packet to each member of the City Council. The agenda packet will also be made available to members of the press and public upon request.
2. Matters listed on the printed agenda but for which supporting documentation is not received by the City Council prior to said meeting as part of the agenda packet, shall not be discussed or acted upon. In cases where the good of the City outweighs the lack of time for citizen review or Councilmember evaluation of an item, the Council by a vote of a quorum of the members may waive this rule.
VI. Procedural Matters
A. Motions to Be Stated By Chair
When a motion is made, it shall be stated by the Chairperson or the City Clerk before debate or discussion.
B. Motions Not Open To Debate
Rosenberg’s Rules of Order states that when the following motions are made, the Chair must call for an immediate vote without debate:
Formatted: Right: -0.01"
19 1. Motion to Adjourn
2 Motion to Recess
3. Motion to fix adjournment
4. Motion to table
5. Motion to limit debate a.k.a “Call the question” requires a majority vote.
6. Motion to close nominations requires a majority vote
7. Motion to object to consideration; this prevents debate on an item and requires a majority vote
C. Rules of Debate
(1) Presiding Officer May Debate. The presiding officer may debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges as a member of the Council by reason of his/her acting as the presiding officer.
2) Getting the Floor - Improper References to be Avoided. Every member desiring to speak shall address the Chair, and upon recognition by the presiding officer, shall confine himself/herself to the question under debate.
3) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it is to call him/her to order, or as herein otherwise provided. If a member, while speaking, be called to order, he/she shall cease speaking until the question of order be determined, and, if in order, he/she shall be permitted to proceed.
4) Privilege of Closing Debate. The Councilmember moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. When a motion to call a question is passed, the Councilmember moving adoption of an ordinance, resolution or other action shall have three minutes to conclude the debate.
5) Suspension of the Rules (as per Rosenberg’s Rules) requires a 2/3 vote of the Council.
6) Repeal or Amendment of Action Requiring a Vote of a Quorum, Two-Thirds, or Greater of Council. Any ordinance or resolution which is passed and which, as part of its terms, requires a vote of a quorum, two-thirds or more of the Council in order to pass a motion pursuant to such an
ordinance or resolution, shall require the vote of the same percent of the Council to repeal or amend the ordinance or resolution.
D. Motion to Table
A motion to table shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the consideration of the subject may be resumed only upon a motion of a member voting with the majority and with consent a majority of the members present.
E. Addressing the Council After Motion Made
When a motion is pending before the Council, no person other than a Councilmember shall address the Council without first securing the permission of the Mayor or Meeting Chair to do so.
F. Continuance of Items
At the Mayor’s sole discretion, the Mayor may continue any item placed on a regular meeting agenda for a period of up to two weeks. The Council may override an action taken by the mMayor to continue an item by the affirmative vote of a majority of the Council (Article III-A, Section 1 (e), Charter of the City of Richmond).
1 CITY OF RICHMOND
City Council Rules
of
Procedure and Order
Adopted by City Council Resolution No. 61-13
Effective: June 18, 2013
Amended April 22, 2014
Amended October 21, 2014
Amended July 27, 2021
Amended November 23, 2021
Amended January 18, 2022
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Richmond that the following rules of the City Council shall govern all proceedings of the City Council therein described, subject to the exception and deviations provided for in such rules.
BE IT FURTHER RESOLVED, that the Council shall review its Rules of Procedure in March of each even numbered year.
2 Table of Contents
SECTION PAGE
I. Officers’ Responsibilities 4
II. Meetings 4
III. Conducting Meetings 5
IV. Order of Business 8
V. Agenda Preparation 11
VI. Procedural Matters 13
3 DEFINITIONS
Councilmembers: All elected members of the City Council including the mayor.
4 I. Officers’ Responsibilities
A. Duties of Mayor At City Council Meetings
The mayor shall preside at the meetings of the Council and shall preserve strict order and decorum at all regular and special meetings of the Council. The mayor shall state every question coming before the Council and announce the decision of the Council on all subjects, and decide all questions of order. The mayor has final say on all rules, subject to being overturned by a majority of the City Council.
B. Duties of Councilmembers at City Council Meetings
Promptly at the hour on the date of each regular and special meeting, the members of the Council shall take their regular stations in the Council Chambers and the business of the Council shall be taken up for consideration and disposition pursuant to Article III of the City Charter.
II. Meetings
A. Regular Meetings
(1) Regular meetings of the Council of the City of Richmond shall be held on the first and third Tuesdays of the month provided that, if any Tuesday falls on a legal holiday, the meeting shall be held on the following Tuesday at the same hour. Any future regular or special meeting may be canceled by a vote of a majority of the members of the City Council during a regular or special meeting. (2) Regular meetings held on the first and third Tuesdays of the month should be reserved for items requiring Council action.
(3) The evening session of regular City Council meetings shall begin at 6:30 p.m or as otherwise posted.
(4) Regular meetings of the City Council shall adjourn by 11:00 p.m. unless the time of adjournment is extended by the consent of a majority of the City Council. Any motion to extend the meeting beyond 11:00 p.m. shall include a list of specific agenda items to be discussed or approved and shall specify the order these items shall be handled. If a meeting continues past 11:00 p.m., it shall end at 11:30 p.m. 11:30 shall be the firm end-time of the meeting, unless by a 2/3 vote the City Council suspends the rules and then votes affirmatively to extend past 11:30
B. Fourth Tuesday Meetings As Needed
The Council may hold regular meetings on the fourth Tuesday of the month as needed.
Study sessions, presentations, proclamations, commendations, time-sensitive items, and items expected to take more than an hour will be scheduled at that meeting. If possible, agenda items anticipated to be lengthy should appear as the first item on the agenda.
Study for Action sessions may result in a City Council motion that provides policy direction to staff.
C. Closed Sessions
A closed session may be held at any regular or special meeting for any purpose authorized by the Brown Act. Council actions shall be governed by the Brown Act.
Public comment shall be received in open session prior to a closed session. To ensure strict compliance with the Brown Act, the City Attorney, or the City Attorney’s designee, shall be the individual who reports out in public session any reportable action taken during closed session, and any other information from closed session authorized to be disclosed by a majority vote of the City Council.
D. Special Meetings
Special meetings may be called at any time by the mayor or by a majority of the City
5 Council in accordance with Government Code Section 54956. The call and notice of such special meeting shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such special meeting by the City Council.
E. City Council Recess Periods
The City Council recess period shall begin the first Tuesday in August, and reconvene the first Tuesday following the week of Labor Day.
During any recess period, the city manager is authorized to take such ministerial actions for matters of operational urgency including such emergency actions as are necessary for the immediate preservation of the public peace, health or safety, as would normally be taken by the City Council during the period of recess, except for those duties specifically reserved to the Council by the Charter. This authority extends throughout the period of recess established by the City Council.
The city manager shall make a full and complete report to the City Council at its first regularly scheduled meeting, following the period of recess, of actions taken by the city manager pursuant to this section, at which time the City Council may make such findings as may be required and confirm said actions of the city manager.
III. Conducting Meetings
A. Rosenberg Rules of Order
Rosenberg's Rules of Order, as published by the League of California Cities, shall be the parliamentarian rules of order for City Council meetings except for the exceptions described in Section VI, B Procedural Matters 5-7.
B. Quorum Call
During the course of the meeting, should the Chair note a Council quorum is lacking, the Chair shall call this fact to the attention of the city clerk. The city clerk shall issue a quorum call. If a quorum has not been restored within three minutes of a quorum call, the mayor may call for a recess of up to 30 minutes in order to establish a quorum or he/she may adjourn the meeting.
C. Decorum and Discussion by Council members
While the Council is in session, the members must preserve order and decorum. A Councilmember shall not, by conversation or other actions, delay, interrupt the proceedings or the peace of the Council nor disturb any member while speaking, nor refuse to obey the orders of the Council, or the presiding officer, except as otherwise herein provided. Councilmembers shall use discretion and leave the Chamber to discuss items before the City Council with members of the audience.
Councilmembers are prohibited from using a cell phone or pager during a meeting, except for urgent matters, to avoid disruption and also to avoid a perception of a Brown Act violation.
All Councilmembers shall maintain a professional decorum during business meetings of the City Council. All members should adhere to the City of Richmond’s Code of Ethics.
Councilmembers shall limit their questions to staff and other presenters to actual questions, rather than statements.
Councilmember’s comments and questions will be limited to 5 minutes per item.
After each Councilmember has had a turn, the Council may vote on a non- debatable motion to have additional rounds of discussion also limited to 5 minutes
6 per Councilmember. For important issues, each Councilmember will be allowed two “special considerations” per meeting. Each “special consideration” will allow a Councilmember an additional 5 minutes on a topic.
D. Manner of Addressing the City Council in-person - Time Limit
(1) Anyone who desires to address the City Council on items appearing on the agenda must complete and file a pink speaker’s card with the city clerk prior to the City Council’s consideration of the item. Once the city clerk has announced the item and discussion has commenced, no person shall be permitted to speak on the item other than those persons who have submitted their names to the city clerk. Speakers will be called when the item is announced for discussion. Each speaker will be allowed two (2) minutes to address the City Council on items listed on the agenda.
(2) Unless otherwise permitted by a majority of the City Council, once the discussion of the agenda item has commenced, no person shall be permitted to speak on the item other than those persons who have submitted their names to the City Clerk. Unless otherwise waived by a majority of the City Council any person addressing the City Council on any item on the agenda shall be limited to a maximum of two (2) minutes.
(3)The city clerk shall call the speakers in groups of seven to sit directly behind the speaker podium. The person shall approach the microphone, state his/her name and city of residence in an audible tone of voice for the records. All remarks shall be addressed to the City Council as a body and not to any member thereof.
Manner of Addressing the City Council – Virtual or by phone
(4) To comment by video conference, click on the Participants button at the bottom of your screen and select the “Raise Your Hand” button to request to speak when Public Comment is being asked for. Speakers will be called upon in the order they select the “Raise Your Hand” feature. When called upon, press the unmute button. After the allotted time, you will then be re-muted.
(5) To comment by phone, you will be prompted to “Raise Your Hand” by pressing “*9” to request to speak when Public Comment is asked for. When called upon, you will be asked to unmuted by pressing *6. After the allotted time, you will then be re-muted.
E. Decorum by Public
No person shall engage in disorderly behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting. Such behavior may include but is not limited to shouting, making disruptive noises, such as boos or hisses, creating or participating in a physical disturbance, calling out or speaking out of turn or in violation of applicable rules, refusing to modify conduct after being advised by the presiding officer that the conduct is disrupting the meeting or disobeying any other lawful order of the presiding officer, speaking on an issue that is not within the jurisdiction of the City Council, speaking on an item at a time not designated for discussion by the public of that item, continuing to speak after the allotted speaker time has expired, causing an immediate threat to public safety, preventing or attempting to prevent others who have the floor from speaking, preventing others from observing the meeting, entering into or remaining in an area of the meeting room that is not open to the public, or approaching the Council table without consent. Any message to or contact with any member of the Council while the Council is in session shall be through the City Clerk.
F. Enforcement of Decorum
Any law enforcement officer on duty or whose service is commanded by the presiding officer shall be Sergeant-at-Arms of the Council meetings. He/she, or they, shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meetings.
7 The rules of conduct shall be enforced in the following manner:
a) Call to order and warning to desist. Whenever practicable, the presiding officer shall give a warning to the person who is breaching the rules of conduct to be orderly and to comply with the rules of conduct. A second warning shall also be given when practicable. A warning need not be given when it would not be effective under the circumstances, including when, for example, the disturbance is such that the warning cannot be heard above the noise, or the person’s conduct immediately threatens public safety (such as throwing of objects or specific threats of harm and the apparent, present ability to carry out such threats). b) Order barring person from that same meeting. A person who engages in disorderly behavior shall be barred from the remainder of that same council meeting by the presiding officer when that person continues the disorderly behavior after receiving a warning at that meeting (and a second warning when practicable) to desist. Such behavior is willful disruption that actually disrupts the orderly conduct of the meeting.
G. Brown Act Requirements for Council Action
The Council shall not take action on any item that has not been published on the agenda of the meeting and posted in accordance with Chapter 4 of the Brown Act. Any item not on the agenda shall not be considered unless the item can be considered by the City Council pursuant to Government Code Section 54954.2(b), The Ralph M. Brown Act (Attached as Section B, Government Code Section 54950-54963, in the Index of this Policy).
H. Requests for Technical Assistance and/or Reports
During Council consideration of an item any member can request staff to provide technical assistance, develop a report, initiate staff research, or respond to requests for information or service. All such responses to these requests become a matter of Public Record.
A Councilmember may request research on any item being considered. Any Councilmember may ask staff to provide information when such a request would only require a reasonable amount of time to accomplish, as determined by the city manager. A request for information being considered that requires an extensive amount of staff time must be approved by the majority of the Councilmembers. Staff shall not spend any time or money pursuing initiatives that are contrary to existing public policy without first requesting and receiving direction from a majority of the City Council.
City staff has the same obligation to respond to Councilmembers’ requests for information as requests from the public pursuant to Chapter 2.40 of the Richmond Municipal Code (RMC).
I. Recordings of Meetings
All meetings of the City Council (except closed sessions) shall be open to the media and may be recorded by tape, radio, television, or photography by a member of the public, provided such recordings do not interfere with the orderly conduct of the meetings and do not (because of noise, illumination, or obstruction of view) constitute a persistent disruption of the proceedings.
J. Campaigning at Meetings
City Council chambers during City Council meetings are a campaign-free zone. Election of individuals to the Council or other office is not within the Council’s subject matter jurisdiction, and speakers may not campaign for or against candidates for office at Council meetings. Ballot measures, on the other hand, are within the jurisdiction of the Council and may be discussed; and speakers may criticize the City’s policies, programs, services or acts or omissions of the Council or its members. The following are examples of permissible comments: “Vote for Measure A”, “Vote against Measure D”, “The streets are filled with potholes”, “The Council is doing a poor job”, “Councilmember Smith is a lousy councilmember.” The following comments are examples of impermissible comments outside of the City’s subject matter jurisdiction: “Vote for Smith”, “Vote against Smith”.
8 IV. ORDER OF BUSINESS
A. Pledge of Allegiance to the Flag – in person meeting
At the beginning of each Richmond City Council meeting, the Pledge of Allegiance will be recited by the City Council and the audience.
B. Call to Order - Presiding Officer
The mayor, or in the mayor’s absence, the vice mayor, shall take the chair precisely at the hour appointed by the meeting and shall immediately call the Council to order.
Upon the arrival of the mayor, the vice mayor shall immediately relinquish the chair at the conclusion of the business presently before the Council. In the absence of the two officers specified in this section, the Councilmember present with the longest consecutive period of Council service shall preside.
C. Roll Call
Before proceeding with the business of the City Council, the city clerk shall call the roll of the members of the City Council and the names of those present and absent shall be entered in the minutes.
D. Scheduling of Items
As a courtesy to the public, to the extent possible, the City Council agenda will include estimated times for agenda items to be heard for items that are of considerable public interest. If a time certain appears on the Council agenda, in no event will the agenda item be heard or discussed before its estimated time. The business of the City Council at its regular meetings on the first and third Tuesdays of the month shall be taken up for consideration and disposition in the order set forth below and as published by the city clerk, except that with the concurrence of a majority of the City Council matters may be taken up out of order:
a. Roll Call
b. Statement of Conflict of Interest
9 c. Agenda Review
d. Presentation, Proclamations and Commendations (if required for timeliness) Presentations, proclamations and commendations shall be limited to three (3) items per meeting and a maximum of five (5) minutes for each item, unless otherwise permitted by the mayor. Unless items are deemed to be time sensitive by the mayor, presentations proclamations and commendations should be limited to the City Council meeting on the fourth Tuesday. Each Councilmember shall be limited to thirty (30) minutes of Presentations and Proclamations each ½ year, with sixty (60) minutes allocated for the mayor for each ½ year/.
e. Report from City Attorney for final decision made, and non-confidential discussions held, during Closed session
f. Report from the City Manager
g. Abatement Report from the Public Works Director – First Tuesday meeting h. Report from Implementation Sub-Committee for Reimagining Task Force – Third Tuesday meeting
i. Recent Crime Report by the Police Chief – Fourth Tuesday meeting j. Open Forum for Public Comments (public comment for items that remain on the Consent Calendar and Items f, g, and h, listed above, may be heard under Open Forum).
k. Consent Calendar (including approval of minutes, resolutions that are non- controversial, and second reading of ordinances).
l. Public Hearings
m. Budget Session
n. New Business – (including Council as a Whole items, resolutions that require discussion, and ordinances that do not require a public hearing)
o. Reports of Officers: Standing Committee Reports, Reports from Mayor/Council members/Staff, and Referrals to Staff
p. Adjournment
E. Open Forum for Public Comments – in person
Individuals who would like to address the City Council on matters not listed on the agenda may do so under Open Forum. All speakers must complete and file a pink speaker’s card with the City Clerk prior to the commencement of Open Forum. The amount of time allotted to individual speakers shall be determined based on the number of persons requesting to speak during this item. The time allocation for each speaker will be as follows: 15 or fewer speakers, a maximum of 2 minutes; 16 to 24 speakers, a maximum of 1 and one-half minutes; and 25 or more speakers, a maximum of 1 minute.
Speakers are asked to give their name and city of residency prior to making their public comment. To expedite the public comment period, the City Clerk will announce the name of the speakers in groups of seven and state the procedure for speakers.
The mayor or meeting chair may refer a subject to staff or other resources for factual information or for action, if appropriate.
10 F. Reading of Minutes
Unless the reading of the minutes of the City Council meeting is requested by a majority of the City Council, such minutes may be approved without reading if the city clerk has previously furnished each member of the City Council with a copy thereof. Minutes of previous City Council meetings shall be distributed to the Councilmembers and posted on the City’s website 72 hours prior to the next City Council meeting.
G. Consent Calendar
The mayor, any member of the City Council, the city manager, the city attorney or the city clerk may recommend that items appearing on the agenda be placed on the consent calendar for action by the City Council. All items placed on the consent calendar shall appear together on the agenda with the recommendation as to the action to be taken by the City Council with respect to such item. All items placed on the consent calendar that have been approved by a Standing Committee shall appear together on the agenda with the recommendation and the vote of the Standing Committee. Upon the motion of any member of the City Council, all items placed upon the consent calendar may be acted upon together, and each shall be deemed to have received the action recommended.
H. Removal of Item From Consent
Procedures for Removing Items from the Consent Calendar: Members of the public who request to remove an item from the consent calendar must first discuss the item with a staff member by phone or a back-and-forth email discussion, and state the name of the staff member when requesting removal of the item from the consent calendar.
Any member of the City Council who would like to remove an item from the consent calendar must notify the appropriate staff person and the City Clerk’s Office prior to the meeting. Although members of the City Council are encouraged to ask questions and share concerns with staff ahead of the meeting, they are not required to do so.
The Clerk’s Office must be informed of any requests to remove items from the Consent Calendar.
Items removed from the Consent Calendar shall be placed at the end of the agenda for consideration.
I. Public Hearings
The order of proceeding where there is a public hearing (non-appeal items) item before the City Council shall be as follows:
(1) Staff Report
(2) Questions from the Council
(3) Open Public Hearing
(4) Public Speakers, alternating from a speaker in favor and a speaker opposing
(5) Close Public Hearing
(6) Clarification questions to staff
(7) City Council discussion and vote (discussion may include questions by Council)
11 Where the public hearing involves (an appeal) of an item to the City Council, the order of proceeding shall be as follows:
(1) Staff Report
(2) Questions from the Council
(3) Open Public Hearing
(4) Appellant's statement *
(5) Principal opponent’s statement *
(6) Public Speakers, alternating from a speaker in favor and a speaker opposing*
(7) Appellant’s rebuttal (two minutes)
(8) Opponent’s rebuttal (two minutes)
(9) Close Public Hearing
(10) Clarification questions to staff or technical questions to applicants.
(11) City Council discussion and vote (discussion may include questions by Council)
* Note: The appellant and the principal opponent addressing the City Council shall be limited to a maximum of eight (8) minutes each and all other persons addressing the City Council shall be limited to a maximum of three (3) minutes.
The City Council by an affirmative vote of a majority of its members may make appropriate adjustments in the amount of time given to make presentations during public hearings depending upon the unique circumstances of a given public hearing.
*Note: Public speakers, alternating from a speaker in favor of the appeal to a speaker opposed to the appeal, to a speaker taking no position. Speakers shall have three minutes to address the City Council.
J. Reports of Officers
Members of the City Council and City staff shall limit their reports to matters concerning attendance at a meeting, conference, event or activity, reminder of upcoming events, m eetings or other activities, or update on p reviously reported information. Service complaints or requests for services by the City Council shall not be reported but shall be directed to the City Manager prior to or following the City Council meeting for appropriate action.
K. Items Not Completed
Any items not completed at a regularly scheduled Council meeting shall be continued to the next regular business meeting or study session meeting (respectively), or by a majority (quorum) vote of the Council to an adjourned regular meeting. Items carried over from a previous meeting shall be scheduled as the first order of business within the appropriate category if possible.
V. Agenda Preparation
For purposes of this section, the terms listed herein shall be defined as follows:
A. Definitions
1. Agenda Item means an item placed on the agenda for a vote of the Council by a
12 Councilmember, the city manager, city attorney, and city clerk.
Agenda items shall have a staff report, including the following:
(a) The name of the legislative body that will take action on the item;
(b) A Statement of the Issue that adequately informs the public of the subject matter and general nature of the item or report and action requested;
(c) Staff Recommendation reviewed and approved by
the City Manager; (d) Fiscal Impacts of the
recommendation;
(e) A description of the current situation and its effects; (f) Background information as needed;
(g) Explanation for the recommendation;
(h) Person or persons to contact for further information, with telephone number;
(i) If the author of any report believes additional background information, beyond the basic report, is necessary to Council understanding of the subject, the staff report will describe the attachments included. The staff report and its attachments will be included in the published agenda packet and available for City Council and public review on the City Clerk’s Office webpage.
2. “Agenda” means the compilation of the descriptive titles of agenda items with the required action stated submitted to the City Clerk.
3. “Packet” means the agenda and all the staff reports.
B. Submission of Agenda Items
The placement of any item on any regular or special meeting agenda shall be limited to the following: (1) the mayor or any member of the City Council; (2) the city manager; (3) the city attorney; and (4) the city clerk. To place an item on the agenda, a member of the City Council must submit the item to the City Council staff liaison or to the city clerk, in the absence of the Council liaison, no later than 12 noon on Wednesday, one week prior to the Tuesday regular meeting. The Council will endeavor to submit agenda items that require staff work earlier than the deadline stated above. The Mayor’s Office staff is responsible to submitting mayor-sponsored items to the agenda by 12 noon on Wednesday, one week prior to the Tuesday regular meeting.
Items placed on the agenda by the City Council shall remain on the agenda and will not be removed without the approval of the Councilmember requesting the item be placed on the agenda.
The mayor, city manager, city clerk, and city attorney shall meet to review the draft agenda as compiled by the city clerk and set the final agenda.
C. Committee Review of Certain Items
If it is determined either after or prior to Council consideration of an issue, that the issue requires an in-depth review, a detailed analysis, further debate, discussion or other consideration, this agenda item may be referred to a City Council standing committee or to the full City Council as a study session. Following the committee meeting or study session, the recommendations regarding the items may be placed on a regular or special meeting agenda for consideration by the City Council or placed on a future committee meeting agenda for additional discussion. In order for the full City Council to be engaged in policy issues, an item may not be retained by the committee for more than two (2) months without concurrence of a majority of the City Council. Committees should eventually refer all items to the Council for consideration whether or not a committee recommendation has been reached.
13 D. Scheduling Public Hearings Mandated by State, Federal, or Local Statute
The City Clerk may schedule a public hearing at an available time and date in those cases where State, Federal or Local statute mandates the City Council hold a public hearing.
E. Packet Preparation and Posting
1. Preparation of the Packet
The city clerk shall prepare the packet, which shall include the agenda plus all its corresponding duplicated agenda items. No item shall be considered if not included in the packet, with the exception of a correction or supplement to an item already included in the packet or an item deemed an urgency by the city attorney because of the following circumstances:
a. The subject meets the criteria of “Emergency.”
b. There is a need to take immediate action and that the need for action came to the attention of the City subsequent to the posting of the agenda as required by law.
2. Distribution and Posting of Agenda
The city clerk shall post each agenda of the City Council regular meeting at least72 hours in advance of the meeting and shall post each agenda of a special meeting at least 24 hours in advance of the meeting on the official outside enclosed bulletin board of City Hall, at the website, on KCRT (City channel station), and at a location that is available to the public 24 hours a day. The city clerk shall maintain proof of posting each agenda.
The City Clerk shall also post agendas of all City Council and Standing Committee meetings on the City’s website.
Copies shall also be available free of charge in the lobby of City Hall.
F. Distribution of the Packet
1. 72 or 24 hours prior to said meeting, the City Council agenda/packet shall be available on the City’s webpage.
2. Matters listed on the printed agenda but for which supporting documentation is not received by the City Council prior to said meeting as part of the agenda packet, shall not be discussed or acted upon. In cases where the good of the City outweighs the lack of time for citizen review or Councilmember evaluation of an item, the Council by a vote of a quorum of the members may waive this rule.
VI. Procedural Matters
A. Motions to Be Stated By Chair
When a motion is made, it shall be stated by the Chairperson or the City Clerk before debate or discussion.
B. Motions Not Open To Debate
Rosenberg’s Rules of Order states that when the following motions are made, the Chair must call for an immediate vote without debate:
14 1. Motion to Adjourn
2 Motion to Recess
3. Motion to fix adjournment
4. Motion to table
5. Motion to limit debate a.k.a “Call the question” requires a majority vote.
6. Motion to close nominations requires a majority vote
7. Motion to object to consideration; this prevents debate on an item and requires a majority vote
C. Rules of Debate
(1) Presiding Officer May Debate. The presiding officer may debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges as a member of the Council by reason of his/her acting as the presiding officer.
2) Getting the Floor - Improper References to be Avoided. Every member desiring to speak shall address the Chair, and upon recognition by the presiding officer, shall confine himself/herself to the question under debate.
3) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it is to call him/her to order, or as herein otherwise provided. If a member, while speaking, be called to order, he/she shall cease speaking until the question of order be determined, and, if in order, he/she shall be permitted to proceed.
4) Privilege of Closing Debate. The Councilmember moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. When a motion to call a question is passed, the Councilmember moving adoption of an ordinance, resolution or other action shall have three minutes to conclude the debate.
5) Suspension of the Rules (as per Rosenberg’s Rules) requires a 2/3 vote of the Council.
6) Repeal or Amendment of Action Requiring a Vote of a Quorum, Two-Thirds, or Greater of Council. Any ordinance or resolution which is passed and which, as part of its terms, requires a vote of a quorum, two-thirds or more of the Council in order to pass a motion pursuant to such an
ordinance or resolution, shall require the vote of the same percent of the Council to repeal or amend the ordinance or resolution.
D. Motion to Table
A motion to table shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the consideration of the subject may be resumed only upon a motion of a member voting with the majority and with consent a majority of the members present.
E. Addressing the Council After Motion Made
When a motion is pending before the Council, no person other than a Councilmember shall address the Council without first securing the permission of the Mayor or Meeting Chair to do so.
F. Continuance of Items
At the Mayor’s sole discretion, the mayor may continue any item placed on a regular meeting agenda for a period of up to two weeks. The Council may override an action taken by the mayor to continue an item by the affirmative vote of a majority of the Council (Article III-A, Section 1 (e), Charter of the City of Richmond).
January 18, 2022
Economic Development
DATE: January 18, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Shasa Curl, Interim City Manager
Gabino Arredondo, Project Manager
Subject:
(This will appear on the agenda)
City-Wide Community Benefits Policy (Ordinance)
FINANCIAL IMPACT: There will be a fiscal impact resulting from staff time and possible additional consultant support to implement the ordinance. However, the exact amount of that impact is
unknown currently. Any financial impacts related to this ordinance will be brought to City Council for
consideration.
PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
June 8, 2021, July 27, 2021, September 28, 2021,
November 2, 2021, December 14, 2021.
STATEMENT OF THE
ISSUE:
City staff members and the consulting team are providing a draft/proposed city-wide Community Benefits ordinance for City Council’s consideration.
RECOMMENDED ACTION:
(This will appear on the agenda)
INTRODUCE an ordinance (first reading) for a city-wide
community benefits policy – City Manager’s Office
(Shasa Curl 510-620-6512).
AGENDA
REPORT
January 18, 2022
DISCUSSION:
At the June 8, 2021, City Council meeting, City staff members were directed to solicit feedback and engage in community outreach regarding terms of a proposed city‐wide Community Benefits Policy (“CBP”), with the public and City Council providing input during two City Council Study Sessions prior to final presentation. In addition, pursuant to City Council action on July 27, 2021, city staff members engaged a consulting team to assist in development of a proposed CBP. City staff members have been working collaboratively with the consulting team, which has (i) interviewed several key staff members regarding the City’s community benefits programs and approach; (ii) conducted a “landscape scan” of existing City programs; and (iii) performed preliminary research into national models for community benefits policies. City staff members and the consulting team presented detailed information on these topics to the City Council at its September 28, 2021, study session and received feedback from the City Council and the public.
In September and October 2021, the consultant team conducted interviews with ten (10) city staff members from six (6) city department whose work relates to development, procurement, and contract compliance, to gather information and insights on how a new CBP could enhance and streamline the City’s current requirements. Additionally, each City Council member was invited to provide an individual perspective. In the area of community engagement, the City staff members held two (2) community input sessions to further inform the development of a CBP on October 13th and 14th. A report-back from these public input sessions was presented to the City Council on November 2, 2021.
City staff members have also provided an update on the CBP development and ways to provide community input to the Economic Development Commission on September 8, 2021, and November 10, 2021, and to the Richmond Neighborhood Coordinating Council on November 9, 2021. During the CBP community input session there was a request for a CBP presentation by the Healthy Richmond Team and Race Equity Team Resident Ambassadors. Staff presented to this group on November 8, 2021. All materials from the meetings are on the project website, https://www.ci.richmond.ca.us/4126/Community-Benefits-Policy-Development.
Based on the input from City officials, staff, and the public, the consulting team developed a proposed draft framework for the new City-wide Community Benefits Policy and presented it to the City Council on December 14, 2021. During the study session, City Council provided additional direction for City staff to consider. Some City Council members suggested adding additional community benefits such as: job training, reparations for former Richmond residents who have been displaced, and enhancement of the Business Opportunity Ordinance. After this study session, the consulting team offered to meet with City Council members for additional input.
Building off the proposed draft framework and additional City Council guidance, the consulting team has drafted a City-wide Community Benefits Ordinance for City Council’s review and consideration (Attachment 1). The draft ordinance includes a proposed scope, application, and procedures for public consideration of large
January 18, 2022
development projects under consideration by the City, and baseline community benefits expectations.
DOCUMENTS ATTACHED:
Attachment 1 – City-wide Community Benefits Ordinance
ORDINANCE NO. N.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING ARTICLE XV OF THE MUNICIPAL CODE OF THE CITY OF RICHMOND.
THIS ORDINANCE ESTABLISHES A COMMUNITY BENEFITS POLICY.
The City Council of the City of Richmond do ordain as follows:
SECTION 1. Amendment of Article XV. Article XV of the Municipal Code of the City of Richmond is hereby amended by adding a Chapter 15.04 to read as follows:
CHAPTER 15.04
COMMUNITY BENEFITS POLICY
Sections:
15.04.816.010 Purpose
15.04.816.020 Definitions
15.04.816.030 Application
15.04.816.040 Baseline Community Benefits
15.04.816.050 Enhanced Transparency and Review Procedures
15.04.816.060 Community Benefits Fund
15.04.816.070 Competitive Selection Processes
15.04.816.080 Exceptions and Limitations
15.04.816.010 Purpose.
This article establishes baseline community benefits commitments and review procedures for certain large development projects. Due to the impact on public funds, property, City planning, and community interests, public-private projects for which public or private parties request substantial, discretionary public contributions are appropriate for minimum community benefits requirements. In addition, enhanced approval processes, allowing additional time for evaluation and input of community benefits commitments and terms of public agreements, are appropriate for large public-private projects, in order to provide increased transparency and opportunity for public consideration. This article shall apply to and affect only specified projects for which public or private parties negotiate voluntary agreements with the City. Nothing in this article affects obligations to comply with requirements of the Richmond Municipal Code that apply absent any such agreements.
15.04.816.020 Definitions.
For purposes of this article, the following terms shall have the following meanings, and shall include both singular and plural usages.
(a) “City Assistance Agreement” means a contract negotiated between the City and the developer of a public-private project, setting forth the support, assistance, or other commitments by the City to the developer that indicate the project’s status as public-private project pursuant to the definition set forth below. A development agreement constitutes a City Assistance Agreement.
(b) “Construction employer” means a contractor or subcontractor employing workers in construction of a public-private project, and performing more than $25,000 worth of work on the public-private project.
(c) “Project employer” means a business or other entity that employs at least three workers for at least 20 hours per week on site of a public-private project, once a use or occupancy permit has been issued applicable to the site. Project employers may include tenants, subtenants, contractors, and subcontractors. Project employers do not include construction employers.
(d) “Public-private project” means a development project or proposed development project advanced by a public or private entity (i) receiving or proposed to receive financial aid, assistance, or funding from the City, including any public financing or contribution, such as loans, loan guarantees, tax credits, or infrastructure construction, valued at more than $100,000; (ii) receiving or proposed to receive a transfer of ownership of or lease of right to occupy any City-owned real property, including rights-of-way or street vacation, whether at or below market rate; or (iii) that is or is proposed to be the subject of a development agreement.
15.04.816.030 Application.
This article shall apply only to public-private projects as defined herein. It shall not be implemented through regulatory requirements imposed on public-private projects, and is not a term of such requirements. Commitments regarding community benefits shall be set forth in a City Assistance Agreement negotiated on a voluntary basis by project proponents, such as a development agreement, subsidy agreement, or another type of project-specific and voluntary contract, with such agreement finalized prior to or contemporaneously with approval of the public-private project itself. To the extent provisions of this ordinance conflict with provisions of other City ordinances, provisions of this ordinance shall prevail.
15.04.816.040 Baseline Community Benefits.
The City shall include the following community benefits requirements as terms of any City Assistance Agreement that it enters into with regard to any public-private project.
(a) Project employers and construction employers shall comply with hiring practices required of an “Employer” under the City’s Local Employment Program (Municipal Code, Chapter 2.56).
(b) Project employers and construction employers shall compensate employees as would be required for a “Contractor” under the City of Richmond Living Wage Ordinance (Municipal Code, Chapter 2.60).
(c) Project employers and construction employers shall comply with hiring practices required of a contractor under the City’s ordinance Banning The Requirement To Provide
Information Of Prior Criminal Convictions On All Employment Applications (Municipal Code, Chapter 2.65).
(d) Project participants such as developers, facilities managers, large tenants, and prime construction contractors shall notify Richmond businesses, Richmond small businesses, and Richmond nonprofit businesses (each as defined in the Richmond Business Opportunity Ordinance (Municipal Code, Chapter 2.50)) of contracting and procurement opportunities in construction and operation of the public-private project, by appropriate means designed to maximize awareness of these opportunities.
(e) For all non-construction contracts worth over $25,000, the awarding party (whether developer, property manager, tenant, or other project participant) shall make a “good faith effort,” as defined in the Richmond Business Opportunity Ordinance, to award at least 25% of awarded contracts to bona fide Richmond businesses, Richmond small businesses, and Richmond nonprofit businesses (each as defined in the Richmond Business Opportunity Ordinance and as certified by the City).
(f) The Project developer shall make a financial contribution to the Community Benefits Fund, in an amount to be negotiated by the City and the developer.
The baseline community benefits requirements are described above do not preclude negotiation of additional project-specific community benefits to be provided by public-private projects.
15.04.816.050 Enhanced Transparency and Review Procedures.
The City shall implement the following procedures for review of City Assistance Agreements for public-private projects.
(a) The City shall make available to the public at least 14 days prior to City Council consideration of approval of the proposed City Assistance Agreement:
1. a summary of: any community benefits commitments to be required of the project, including terms related to the requirements of article 15.04.816.040; project components and uses; and terms of any public financial support or contribution, transfer or lease of real property, and/or development agreement; and
2. complete terms of the proposed City Assistance Agreement and other project documents setting forth the information required to be summarized in section (a)(1), above.
(b) After release of material described in subsection (a), and at least seven days prior to City Council consideration of approval of the proposed City Assistance Agreement, the City Council shall hold at least one public study session to review and receive public input regarding the material described in section (a) above.
15.04.816.060 Community Benefits Fund.
(a) Establishment. The City shall establish, cause establishment of, or utilize a fund that can administer and expend financial contributions intended to be used for community benefits,
provided by developers of public-private projects. Funds may also be contributed from other public and private sources, including project participants, public entities, and philanthropic donations. The fund may be operated by the City, or may be established at and operated by a private nonprofit foundation or other nonprofit third-party administrator. The City may adapt and utilize for this purpose an existing fund administration and oversight structure such as that of the Richmond Environmental Community and Investment Agreement (ECIA) Community Grants Program and the ECIA Grant Review Ad Hoc Committee.
(b) Purposes. Monies from the Community Benefits Fund may be expended to advance, implement, and administer the following purposes:
1. provision of local services to improve quality of life and provide economic opportunity;
2. workforce development and small business assistance at the neighborhood level;
3. providing amenities for public use;
4. programming and activation of public space;
5. support implementing actions of existing city plans (i.e. General Plan, Climate Action Plan, Health in All Policies, etc.);
6. represent interests of community members demonstrably impacted by proposed developments; and
7. provision of other public and community services at low-or no cost to beneficiaries, to advance the public good.
15.04.816.070 Competitive Selection Processes.
When the City issues a request for qualifications, request for proposals, or other solicitation of materials regarding proposed development projects that may qualify as public-private projects, the City shall require each respondent to provide a document summarizing community benefits it would provide. This document shall be in a form as required by the City, to allow the City and the public to compare responses for a particular solicitation and between different City projects.
15.04.816.080 Exceptions and Limitations.
(a) Requirements of this article that conflict with requirements imposed by state or federal project funding sources shall not apply.
(b) Noncompliance with this article does not invalidate City approval of a proposed project or City Assistance Agreement.
(c) City Council may waive application of one or more provisions of section
15.04.816.040 (Baseline Community Benefits) with a finding that attributes of the proposed project make compliance with the provision(s) infeasible or unnecessary, and that the project as a whole provides appropriate community benefits.
(d) City Council may waive application of one or more provisions of section
15.04.816.050 (Enhanced Transparency and Review Procedures) with a finding that unusual circumstances related to project deadlines make the timeframe of section 15.04.816.050 infeasible, and that alternative notice and approval requirements provide sufficient opportunity for review and analysis of project aspects described in section 15.04.816.050.
SECTION 2. Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
SECTION 3. Effective Date.
This ordinance shall be effective 30 days after its final passage and adoption.
*****************************
(This section to be completed by Clerk’s Office)
First introduced at a regular meeting of the City Council of the City of Richmond held on _____________ and finally passed and adopted at a regular meeting held on ___________ by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
January 11, 2022
Finance Department
DATE: January 11, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Belinda Brown, Finance Director
Delmy Cuellar, Accounting Manager
Subject:
(This will appear on the agenda)
ADOPT A RESOLUTION - FY21-22 SWAP POLICY.docx
FINANCIAL IMPACT: The adoption of and adherence to financial policies can be measured by factors such as:
• Minimizing borrowing costs;
• Better management of the City's debt and
investment portfolios; and
• Providing fiscal security during times of unforeseen
economic downturns.
PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
N/A
STATEMENT OF THE
ISSUE:
Staff is requesting that City Council review and approve the City’s Swap Policy, which should be done on an annual basis.
AGENDA
REPORT
January 11, 2022
RECOMMENDED ACTION:
(This will appear on the agenda)
REVIEW the Swap Policy for Fiscal Year 2021-2022; and
ADOPT the re solution approving said policy – Finance
Department (Belinda Brown 510 -620-6740). This item
was continued from the January 11, 2022, meeting.
DISCUSSION:
Municipal governments provide a wide range of services that have an impact on public safety and quality of lif e for community members. Prudent use of resources helps determine how effectively these services are provided on an ongoing basis. In addition to managing revenues and expenditures, it is also the municipal finance official' s responsibility to focus on management practices that will enable the City to better control its financial resources on a continuing basis.
Swap Policy
Interest rate swap agreements have become recognized and establishe d financial tools by municipal issuers throughout the nation. The use of these products has become such a regular tool that the Government Finance Officers Association (GFOA) has adopted an official position, viewing swap policies governing the use and management of such swaps as a "Recommended Practice".
Since the scope of interest rate swaps is beyond that of the traditional fixed rate long term bonds covered by the Debt Policy, it is important for the City to maintain a policy that will provide guidance in selecting, implementing, and administering all swaps related to City bond issues. Standard & Poor's Rating Agency assigns Debt Derivative Profile (DDP) scores to individual swap transactions, with the lowest score of "1" equating to no risk and highest score of "4" meaning "high risk". By adhering to the guidelines established in its Swap Policy, the City has successfully achieved a DDP score of "1.5" (low risk) on all of its swap transactions.
DOCUMENTS ATTACHED:
Attachment 1 - Resolution Adopting Fiscal Year 2021-22 Swap Policy Attachment 2 - Fiscal Year 2021-22 Swap Policy
Reso No.
RESOLUTION NO. ____
A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA, ADOPTING THE SWAP POLICY FOR FISCAL YEAR 2021-2022
WHEREAS, the City of Richmond (the "City") is a charter city that operates under the Council-Manager form of government for the purposes of providing a full range of municipal services including police and fire protection; construction and maintenance of highways, streets and infrastructure; library services; storm water and municipal sewer systems; a wastewater treatment facility; and the administration of recreational activities and cultural events; and
WHEREAS, the City also operates the Richmond Memorial Convention Center and the Port of Richmond; and
WHEREAS, the City has established and maintains a well-managed debt program pursuant to a comprehensive debt policy that sets forth the parameters for issuing debt and managing the debt portfolio, including post-issuance compliance; and
WHEREAS, in the credit rating process, the rating agencies believe it is appropriate to place significant value on debt policies that have been adopted by cities; and
WHEREAS, the City established a Debt Policy that requires annual commitments relating to the General Fund debt cannot exceed ten percent (10%) of annual General Fund revenues; and
WHEREAS, the City has established interest rate swap agreements that are recognized as financial tools by municipal issuers throughout the nation and the use of swap agreements has become a regular tool whereby the Government Finance Officers Association (GFOA) has adopted an official position, viewing swap policies as a governing use and management of such swaps as a "Recommended Practice"; and
WHEREAS, the City has established that the scope of interest rate swaps is beyond that of the traditional fixed rate long-term bonds covered by the Debt Policy and that it is important for the City to maintain a policy that provides guidance in how interest rate swaps entered into prior to April 20, 2021, related to City bond issues, were selected, implemented, and administered; and
WHEREAS, the City adopted a debt management policy on April 20, 2021, which states that the City will no longer be permitted to use interest rate swaps when issuing debt, therefore limiting the scope of the City’s swap policies to those swaps entered into prior to that date and prohibiting the City from entering into interest rate swaps that relate to currently held and future debt; and
WHEREAS, the City established a Swap Policy whereby Standard & Poor's (S&P) Rating Agency assigns a Debt Derivative Profile (DDP) in which the City has achieved a
Reso No.
DDP score of"l.5" (low risk) on all of its swap transactions; and
WHEREAS, the City has determined that an appropriate level of the General Fund reserves is a policy decision; and
WHEREAS, the GFOA recommends that reserve levels be directly related to the degree of uncertainty the local government faces; and
WHEREAS, the adoption of the financial policies listed in this document is consistent with "best practices" and the City's fiduciary oversight of the Fiscal Policies of FY2021-22.
NOW THEREFORE BE IT RESOLVED, that the City Council hereby adopts the Swap Policy for the City of Richmond that is attached hereto as Exhibit A.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Reso No.
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held , by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Approved:
Mayor
Approved as to form:
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
CLERK OF THE CITY OF RICHMOND
(SEAL)
I certify that the foregoing is a true copy of Resolution No. , finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on .
Swap Policy of the City of Richmond
1 Interest Rate Swap Policy of the City of Richmond
Established by the Finance Department
Fiscal Year 2021-22
Scope and Authority
This Interest Rate Swap Policy (the Policy), established by and for the Finance Department, is designed to provide procedural direction to the City of Richmond Finance Department, the Richmond Housing Authority, the Richmond Community Redevelopment Agency, the Richmond Joint Powers Finance Authority and the City itself regarding the utilization, execution, and management of interest rate swaps and related instruments (collectively, "interest rate swaps') that were entered into prior to April 20, 2021. While adherence to this Policy is required in applicable circumstances, it is recognized that changes in the capital markets, agency programs, and other unforeseen circumstances may from time to time produce situations that are not covered by this Policy and will require modifications or exceptions to achieve policy goals. In these cases, management flexibility is appropriate.
Periodically, but at least annually, the City will review the Policy and shall make modifications as appropriate due to changes in the business environments or market conditions.
The City of Richmond is authorized under California Government Code Section 5922 to enter into interest rate swaps to reduce the amount and duration of rate, spread, or similar risk when used in combination with the issuance of bonds. However, on April 20, 2021, the City adopted a debt policy which prohibits the use of interest rate swaps when issuing debt.
Therefore, this Interest Rate Swap Policy relates only to interest rate swap agreements entered into prior to April 20, 202 1, and prohibits the City from that date forward from entering into swap agreements on currently held and future debt. The Policy does not prohibit the renegotiation of current swap agreement terms as long as the renegotiation does not involve entering into another swap agreement.
This Policy and any subsequent amendments hereto shall be on file with Finance Department, maintained on the City's website, with copies delivered to the City Clerk, the City Council and the Chair of the Finance Committee of the City Council.
Mission of the Finance Department Treasury Division
The Finance Department shall issue and manage short and long-term financings (bonds, TRANs, etc), both for capital improvement and operating needs, by balancing market and credit risk with satisfactory economic benefits and proper fiscal controls.
I. Interest Rate Swap Objectives (applies to swaps entered into prior to April 20, 2021, when the City adopted a policy prohibiting the use of interest rate swaps when issuing or refinancing debt).
• Reduce or manage exposure to changes in interest rates on a particular financial
Swap Policy of the City of Richmond
2 transaction or in the context of the management of interest rate risk derived from the City's overall asset/liability balance consistent with prudent debt and risk guidelines.
• Result in a lower net cost of borrowing with respect to the City's debt or achieve a higher net rate of return on investments made in connection with, or incidental to the issuance, or carrying of the City's debt obligations or other City investments. • Manage variable interest rate exposure consistent with prudent debt practices • Enhance investment returns within prudent risk guidelines. • Manage exposure to changing market conditions in advance of anticipated bond issues (through the use of anticipatory hedging instruments). • Achieve more flexibility in meeting overall financial objectives than can be achieved in conventional markets.
II. Permitted Instruments
The City may utilize the following financial products on a current, or forward basis, after identifying the objectives to be realized and assessing the attendant risks.
• Interest rate swaps, including (i) pay fixed/receive floating swaps (fixed rate swaps), (ii) receive floating/pay fixed swaps (floating rate swaps) and (iii) pay floating/receive floating swaps (basis swaps). Swaps may include option features, such as for the extension, cancellation, or index conversion of the swap. • Interest rate caps, floors, and collars.
• Stand-alone options to enter into swaps (swaptions) on a particular date, series of dates, or during a particular period of time in the future.
III. Conditions for Previous Use of Interest Rate Swaps
Each Agreement and Transaction should have been entered into not for purpose of speculation, but solely in connection with the financing activities of the City.
A. General Usage Interest rate swaps may be used to lock-in a fixed rate or, alternatively, to create additional variable rate exposure. Interest rate swaps may be used to produce interest rate savings, limit or hedge variable rate payments, alter the pattern of debt service payments, or for asset/liability matching purposes.
B. Liquidity Considerations The impact on the cost and availability of letters of credit and liquidity support for both new and existing variable rate programs shall be considered when evaluating the issuance of new variable rate bonds which are to be swapped to a fixed rate liquidity support. Due to the limited supply of letter of credit or liquidity facility support in c onnection with variable rate bonds, higher overall costs may result.
C. Call Option Value Considerations When considering the relative advantage of a fixed rate swap to fixed rate bonds, the value of the call option that would typically be purchased for the fixed rate bonds shall be compared to the incremental present value of the savings from using a swap. This shall be done to ensure the benefit from use of the swap will provide sufficient compensation to offset the expected value of any foregone future refunding savings.
Swap Policy of the City of Richmond
3 IV. Interest Rate Swap Features
A. Interest Rate Swap Agreement Each interest rate swap executed by the City should have contained terms and conditions as set forth in an International Swaps and Derivatives Association, Inc. (ISDA) Master Agreement, including any Schedules to the Master Agreement, Confirmations and Credit Support Annexes, or other comparable agreement widely used by recognized derivatives dealers. The swap agreements between the City and each qualified swap Counterparty should have included payment, term, security, collateral, default, remedy, termination, and other terms, conditions and provisions as the Finance Director deems necessary or desirable.
The City is permitted to use law firms and financial advisory firm(s) with recognized experience in derivatives transactions to assist in preparation of the swap documents for swaps entered into prior to April 20, 2021. The City may use these same experts to renegotiate and re-evaluate the terms of current swap agreements.
B. Interest Rate Swap Counterparties The City will do business only with qualified swap counterparties. Qualified counterparties are institutions whose long-term credit rating or whose obl igations are guaranteed by a financial institution whose long term credit rating are at the time the swap is entered into at least as high as "A" or "A2" or equivalent and that have a demonstrated record of successfully executing swap transactions. The City will structure interest rate swap agreements to protect itself from credit deterioration of counterparties, including the use of ratings-based termination events, credit support annexes or other forms of credit enhancement.
Such protection shall inclu de any terms and conditions which the City deems necessary or appropriate to protect its interests.
C. Term and Notional Amount The City shall determine the appropriate term and size for an interest rate swap agreement on a case-by-case basis. In connection with the issuance or carrying of bonds, the outstanding notional amount of a swap agreement should relate to the amortization of the related existing or anticipated debt of the City. While entering into a swap with a term less than the associated bonds may be appropriate, if the intent is to "rollover" the swap, the City will be subject to the uncertainties of entering into a new swap at then prevailing market conditions.
Entering into any swap agreement on current or future debt, including refinancing of current debt, is prohibited by the City’s policies. The renegotiation of current interest rate swap agreement terms is permitted.
D. Collateral Requirements Terms imposing collateral requirements based on credit ratings of the counterparty, requiring collat eralization or other forms of credit enhancements to secure any or all swap payment obligations may be included as part of any swap agreement. The collateral requirements will be determined in consultation with counsel and the financial advisor and/or swap advisor, and may require the counterparty to post securities, surety bonds, letters of credit or other credit
Swap Policy of the City of Richmond
4 enhancement if the highest credit rating of the counterparty, its parent, or guarantor is or falls below a rating of "AA -" or "Aa3". Additional collateral for further decreases in credit ratings of each counterparty shall be posted in accordance with the provisions contained in the CSA or other collateral support agreement of the Agreement.
Threshold collateral amounts shall be determined on a case-by-case basis.
Reasonable threshold limits will be established for the initial deposit and for increments of collateral posting thereafter. Collateral shall be deposited with a third party trustee or as mutually agreed upon between the City and the counterparty. A list of acceptable securities that may be posted as collateral and the valuation of such collateral will be determined and mutually agreed upon during negotiation of the swap agreement with each swap counterparty. The market value of the collateral shall be determined on a monthly basis, or more frequently if the City determines it is in its best interest given the specific nature of the swap(s) and/or collateral security.
E. Security and Source of Repayment Generally, the same security and source of repayment (pledged revenues) will secure the interest rate swaps as is used to secure the bonds that are hedged or carried by the swap, if any. The costs and benefits of subordinating the payments under the swap and/or termination payment shall be considered.
F. Cancellation Provisions The benefit of purchasing the right to cancel the interest rate swap at no cost (par call) after a specified period of time, generally 5 to 10 years shall be evaluated. If the cancellation option is cost efficient relative to the cost of obtaining a bond call option for a similar starting period, it will be purchased. A par call termination provision mitigates some risks of the swap, by allowing a no-cost termination any time after the exercise date.
G. Prohibited Interest Rate Swap Features The City will not use interest rate swaps that (i) are speculative or create extraordinary leverage or risk, (ii) lack adequate liquidity to t erminate without incurring a significant bid/ask spread, (iii) provide insufficient price transparency to allow reasonable valuation, or (iv)are used as investments.
V. Evaluation of Proposed Transactions (Applies only to interest rate swap agreements entered into prior to April 20, 2021)
The City's staff should have undertaken an evaluation of any proposed transaction. This would have included, but not be limited to, consideration of the following:
• Assessment of all inherent risks of the transaction including, but not limited to those outlined below (see Interest Rate Swap Risks)
• Alternative financing options and a comprehensive evaluation of the potential risks and expected benefits of the interest rate swap relative to such other options.
Swap Policy of the City of Richmond
5 • Security and source of payments, for both scheduled and termination payments, and the integration of the swap into the City's debt program. • Procurement process and the suitability of the contemplated counterparties to the swap, taking into account any existing exposure to such counterparties. • Impact on City's credit and liquidity profile and how other financial arrangements, existing or expected, may be impacted by the swap. • Analysis of impact on the City's net variable rate interest exposure from the contemplated transaction and any potential budgetary impact. • Cost and availability of on-going resources for the effective operations and risk management of the swap.
• Tax, accounting, or other compliance requirements relative to other options. • If the transaction includes option components, analysis of circumstances under which the option will likely, or not likely, be exercised and the consequences of each outcome.
• Volatility Exposure (as outlined herein) for each counterparty for all existing and any proposed transactions.
VI. Interest Rate Swap Risks
Before proceeding with a swap transaction prior to April 20, 2021 , the City must have reasonably concluded that the expected benefits of the transaction outweigh the expected risks, that the risks are within acceptable levels, and that the contemplated transaction does not impose risks that threaten the City's ability to perform its core functions. The transaction must have been reasonable in relation to the City's overall financial condition and capitalization.
The City should have, with its advisors and legal counsel, structure d swap transactions with terms and provisions that will help mitigate such risks to the extent practi cable and cost - effective. The City shall have a plan for the on-going monitoring and risk management of swap transactions.
A. Counterparty Risk The failure of the counterparty to make required payments or otherwise comply with the terms of the swap agreement. If the swap is terminated prior to its scheduled final cash flow date and the City's swap position has increased in value, the City will be owed a termination amount and therefore will have credit exposure to its counterparty for collection of any such amount.
1. Assessment The City will monitor counterparty exposure levels, ratings thresholds, and collateralization requirements.
B. Termination Risk The risk that an interest rate swap agreement must be terminated prior to its stated final cash flow date, and that the City cannot obtain a replacement transaction with substantially similar term, including because of deterioration of the City's own credit. In such a circumstance, the City could owe, or be owed, a termination payment.
Swap Policy of the City of Richmond
6 1. Assessment The City will compute, at least annually, the termination exposure for all existing and proposed swaps at market value and under an expected worse- case scenario. A contingency plan will be annually updated specifying how to finance a termination payment and/or replace the hedge.
C. Collateral Posting Risk The risk that the City will be required to secure its payment obligations under the swap. Posted collateral would not be available for the City's expenditure or reserve balance needs, potentially adversely impacting credit ratings and overall liquidity and budgetary efforts.
1. Assessment The City will review, on a case by case basis, the possible risk associated with posting collateral, taking into consideration any earnings potential on posted collateral.
D. Basis Risk The risk of a mismatch between actual variable rate debt service and variable rate indices used to determine swap payments.
1. Assessment On an annual basis the City will review historical trading differentials between the variable rate bonds and the indices.
E. Tax Risk The risk created by potential tax events that could affect sufficiency of swap payments.
1. Assessment The City will review all tax events in proposed swap agreements and evaluate the impact of potential changes in tax law on LIBOR indexed swaps.
F. Rollover Risk The risk of a mismatch of the maturity of the swap and the maturity of the underlying bonds.
1. Assessment The City will determine, in accordance with its Debt Policy, the capacity to issue variable rate bonds that may be outstanding after the maturity of a fixed rate swap.
G. Liquidity Risk In connection with a swap strategy which includes issuance of floating rate bonds that, absent the swap strategy would have been issued as fixed rate bonds, the risk that the City cannot secure a cost-effective renewal of a letter or line of credit or suffers a failed auction or remarketing with respect to the floating- rate bonds.
1. Assessment The City will evaluate the expected availability of liquidity support for hedged (swapped) and non-swapped variable rate debt.
H. Credit Risk The risk of an event occurring that modifies the credit quality or credit rating of the issuer of its counterparty.
Swap Policy of the City of Richmond
7 1. Assessment The City will monitor the ratings of counterparties, insurers, and guarantors.
VII. Counterparty Credit Exposure
The City will manage its counterparty credit exposure (i.e., amounts which would become due to the City if the swaps with a particular counterparty were to terminate early pursuant to a default or other similar event) through diversification and active trade management. In order to manage the City's exposure, the City shall annually calculate and review the current market evaluation of all outstanding swaps, subtotaled by counterparty and by security and source of payment (as applicable). In addition, for each counterparty, the City will review the then current long-term credit ratings and the ratings outlook, including the date of the last rating update. The calculation of termination exposure per counterparty will be on a net basis by taking into consideration multiple transactions, some of which may offset the overall exposure to the City.
In addition, the City shall annually estimate the interest rate volatility risk ("Volatility Exposure") of the City's swap portfolio. The purpose of the Volatility Exposure is to measure what impact a significant change in interest rates would have on the City's swap portfolio.
Volatility Exposure will be calculated assuming (i) an upward shift of 150 basis points in the yield curve and (ii) a downward shift of 150 basis points in the yield curve. The assumed shift will be reviewed periodically to ensure that they remain appropriate.
Example of Counterparty Credit Exposure Information (Illustration Purposes Only)
Counterparty
S&P (Date)
Moody's (Date)
Outlook
Market Value of
Transactions
Volatility Exposures
Market Value
Provider A
A+ (1/1/04)
A2 (1/1/05)
Stable
Negative
$3 million
VolExpup $4 million
VolExpDown -$1
million
A. Exposure Review of Existing Swaps While collateralization reduces credit risk, collateralization introduces other risks, principally legal and operational. In order to manage these other risks, the City shall limit the amount of exposure to any one counterparty, regardless of the counterparty credit ratings and threshold levels. Credit exposure may be reduced, for example, through a swap termination, in whole or in part, or a restructuring of the swap to an on-market rate with a smaller notional amount accompanied by a cash payment to the City, which could then be used to redeem underlying debt obligations. These counterparty credit risk guidelines will not mandate or otherwise force automatic termination by the City or the counterparty. The City may not enter into what is considered a “different” or “new” swap agreement on current debt, yet it can renegotiate the terms of the current swap agreements.
B. Exposure Review of Proposed Swaps Prior to entering into a new swap transaction, the City, as part of its evaluation of the proposed transaction, will compute the Volatility Exposure by treating the proposed swap transaction as an outstanding swap.
Such provisions will act only as guidelines in making a determination as to whether or not a proposed transaction should be executed given certain levels of existing and projected net termination exposure to a specific counterparty. These guidelines are not intended to require retroactively additional collateral posting for existing transactions.
VIII. Ongoing Risk Management and Reporting Requirements
A. Active Management The City will seek to maximize the benefits and minimize the risks it carries by actively managing its interest rate swap program. This will entail monitoring the adequacy of posted collateral, compliance with accounting requirements, and periodic monitoring of market conditions for emergent opportunities and risks. Active management may require modifications of existing positions including, for example:
• Early Termination;
• Shortening or lengthening the term;
• Sale or purchase of options;
• Basis conversion
B. On-going Reporting A report providing the status of all interest rate swap agreements entered into by the City will be prepared no less frequently than annually and shall include the following:
• A description of all outstanding interest rate swap agreements, including project and bonds series, type of swap, rates paid and received by the City, total notional amount, average life of each swap agreement, and remaining term of each swap agreement. • Highlights of all material changes to swap agreements or new swap agreements entered into by the City since the immediately preceding report. • Market value of each of the City's interest rate swap agreements. • The credit rating of each swap counterparty and credit enhancer insuring swap payments, if any.
• Listing of any credit enhancement, liquidity facility or reserves and accounting of all costs and expenses associated with the credit enhancement, liquidity facility or reserves.
• The market value for each transaction and the aggregate for each counterparty.
8
January 18, 2022
Human Resources
DATE: January 18, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Anil Comelo, Interim Deputy City Manager
Subject:
(This will appear on the agenda)
Contract amendment with The Segal Group Inc.
(Western States) dba Segal to provide supplemental
classification and compensation services
FINANCIAL IMPACT: Funding of $30,000 will need to be appropriated to the Human Resources Department’s operating budget
Professional Services account string (01181016-400201)
from the general fund reserve balance.
PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
April 21, 2020 – Contract approved for The Segal Group
Inc., in the amount of $250,000, with a term through
June 30, 2022.
STATEMENT OF THE
ISSUE:
On April 21, 2020, the City entered into a contract in the amount of $250,000 with The Segal Group, Inc. to
conduct a comprehensive city-wide classification and
compensation study. Supplemental services are needed
to produce cost-effective implementation strategies and to finalize job classification specifications not in the original scope of work. An amendment to increase the
contract value is necessary to complete the city-wide
classification and compensation study.
AGENDA
REPORT
January 18, 2022
RECOMMENDED ACTION:
(This will appear on the agenda)
APPROVE an amendment to the contract with The Segal
Group, Inc. in the amount of $30,000, for a total amount not to exceed $280,000, to provide supplemental
services to complete the city-wide classification and
compensation study; and APPROVE the appropriation of
these funds from the general fund reserve balance -
Human Resources Department (Anil Comelo/Teresa
Fairbanks 510-620-6609).
DISCUSSION: The City’s contract with The Segal Group, Inc. is to conduct a comprehensive city-wide classification and compensation study that will yield recommended classification specifications and a proposed competitive salary structure.
To carry this out, Segal conducted an extensive salary survey, reviewed over 230 job titles, and received and analyzed job description questionnaires from approximately 330 employees.
The City is nearing the finalization of Segal’s study and supplemental services are needed to evaluate options for salary structure implementation that considers short-term and long-term costs as well as provide resources to complete the development of the remaining classification specifications.
By increasing the contract amount, the City will be able to secure the services necessary to finalize the city-wide classification and compensation study with implementation strategies as well as completing the development of the remaining classification specifications.
DOCUMENTS ATTACHED:
Attachment 1 – Original Contract
Attachment 2 – Amendment to the Contract
CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
P.R. No: Vendor No: P.O./Contract No:
Description of Services:
Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)
Term, Payment Limit and Service Plan
Payment Limit and Service Plan
Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]
2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.
3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
Human Resources
Anil Comelo
[email protected]
620-6609
14519
5184
✔
1 The Segal Group Inc. (Western States) dba Segal
5057 Keller Springs Road, Suite 101
Addison, TX 75001-6316
Ruth Ann Eledge
(214) 930-7291
[email protected]
40060080
April 22, 2022
✔
a Maryland Corporation
April 21, 2020
May 1, 2020
June 30, 2022
250,000.00
Contract Amendment/EJ/TE 09-26-07
4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.
5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.
6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Signatures. These signatures attest the parties’ agreement hereto:
CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:
I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.
By _______________________
City Clerk
Approved as to form:
By_______________________
City Attorney
List of Attachments:
1. Amendment Provisions
2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President
and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.
The Segal Group Inc. (Western States) dba Segal
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)
1. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract Amendment shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”
2. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
5184
1 The Segal Group Inc. (Western States) dba Segal
30,000.00
280,000.00
See attached Scope of Services.
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (SERVICE PLAN)
(CONTRACTOR’S OBLIGATION’S)
The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
5184
1 The Segal Group Inc. (Western States) dba Segal
See following attachment.
9410004v1/97909.902 / December 28, 2021 1
Contract Amendment with The
Segal Group Inc. (Western States)
dba Segal
Statement of Work
Scope of Services Fees
1. Development of four (4) cost scenarios $7,500
2. Conversion of current job descriptions to new
job description formats for up to 160 job titles $22,500 Total Fixed Fee $30,000
The proposed fee includes charges for all professional, analytic, and administrative services, as well as all expenses associated with materials, supplies, overhead, and travel for all tasks outlined in this proposal except as otherwise noted.
Our total fixed fee will be billed upon completion of the project.
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
5184
1 The Segal Group Inc. (Western States) dba Segal
250,000.00
250,000.00
250,000.00
250,000.00
250,000.00
January 18, 2022
Library and Community Services
DATE: January 18, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
LaShonda White, Interim Library and Community
Services Director
Ranjana Maharaj, Community Services Administrative
Manager
Stephanie Ny, Associate Administrative Analyst
Samantha Carr, Environmental Manager
Gabino Arredondo, Project Manager
Subject:
(This will appear on the agenda)
Love Your Block (LYB) Mini-Grant Program Fiscal Years
2021-2023
FINANCIAL IMPACT: A total of $80,000 is allocated for the Love Your Block Mini-Grant Awards FY 2021-2023 grant cycle (01250051-
400815 2GI01). Mini-Grants will fund clean-up and
beautification projects in the City of Richmond that will engage resident and community volunteers.
Ninety percent ($72,000) of the funding will be disbursed in FY 2021-2022, and ten percent ($8,000) of the funding will be disbursed in FY 2022-2023 upon grantee
submission and staff review of a complete final report
package.
PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
Click or tap here to enter text.
AGENDA
REPORT
January 18, 2022
STATEMENT OF THE
ISSUE:
The Community Services Department, in partnership with
the City Manager’s Office, Economic Development
Division, is seeking approval of the guidelines and
application of the Love Your Block Mini-Grant (LYB Mini- Grant) program for Fiscal Years 2021-2023.
RECOMMENDED ACTION:
(This will appear on the agenda)
APPROVE the Fiscal Years (FY) 2021-2023 Love Your
Block Mini-Grant (LYB Mini-Grant) program guidelines,
application, final report, and grant award agreement; and AUTHORIZE the city manager or designee to administer
grant award agreements and disburse grant funds upon
selection of recipients – Library and Community Services Department (LaShonda White/Stephanie Ny 510-620-
6563).
DISCUSSION:
Since 2015, Community Services Department’s Love Your Block (LYB) program has awarded 39 mini-grants to volunteer-based projects in Richmond. These mini-grants, in addition to other collaborative Love Your Block projects, have engaged over 1,300 resident and community volunteers in cleaning up and beautifying Richmond as well as building neighborhood unity.
A resolution was approved by City Council on December 17, 2019, approving a solid waste Franchise Fee adjustment of a 7.5 percent increase to develop I Heart Richmond.
The funding can be used for: 1) Compliance and enforcement of local and state solid waste reduction and recycling laws; 2) Prevention of litter and blight; and 3) Improving overall environmental quality and health.
A total of $80,000 is allocated for the Love Your Block Mini-Grant Awards FY 2021- 2023 grant cycle (01250051-400815 2GI01) for non-profit organizations with 501(c)(3) tax status and organizations utilizing a 501(c)(3) fiscal sponsor. Mini-grants will fund clean-up and beautification projects in the City of Richmond that will engage resident and community volunteers.
Mini-grant awards can be up to $10,000, and the number of awards available is determined based on the amount of each award. Decisions regarding grant awards and amounts are based on a review panel consisting of community volunteers.
The Community Services Department proposes to release the Love Your Block Mini- Grant Guidelines and Application on January 31, 2022, and the applications will be due on Friday, February 25, 2022, at 11:59 p.m.
January 18, 2022
Staff is bringing forth proposed guidelines, application, final report, and the grant award agreement for approval. The guidelines, application, final report, and grant award agreement combined elements of the City Council-approved FY 2020-2021 Community Services Mini-Grant as well as prior City Council-approved FY 2020-2022 Love Your Block Mini-Grant materials.
Staff is requesting approval of the FY 2021-2023 Love Your Block Mini-Grant guidelines, application, final report, and grant award agreement permitting staff to continue with the public release of these documents. The schedule associated with the application is as follows:
TASK DATE
Application Release Jan 31, 2022
Virtual Office Hours Feb 2022
Application Deadline Feb 25, 2022
Grant Award Notification Mar 23, 2022
Grant Award Agreement, Business License,
and Proof of Insurance Deadline
Apr 21, 2022
Grant Implementation Period Jul 1, 2022 – Apr 30, 2023
Upon selection of the grantees, Community Services and each organization will enter an agreement and ninety percent of funds will be distributed in FY 2021-2022. Ten percent of funds will be distributed in FY 2022-2023 upon grantee submission and staff review of a complete final report.
For more information on the Love Your Block program and to access the application when it becomes available, visit: http://www.ci.richmond.ca.us/3107/Love-Your-Block.
Policy Synergies
The Love Your Block Mini-Grant program supports the direction and implementation of numerous City of Richmond policies and plans, including:
General Plan 2030
Policy ED1.1 Safe, Well-Maintained Neighborhoods and Public Spaces Action ED1.B Neighborhood Revitalization Initiative
Policy ED5.2 Safe and Walkable Streets
January 18, 2022
Urban Greening Master Plan
Program 2-B Support urban greening initiatives by citizen action groups while following adopted industry best practices
Program 3-F Support and encourage use of the City’s tool lending library
Parks Master Plan
Policy PR2.1 High-Quality, Distinctive Parks
Policy PR2.2 Safe Public Spaces and Facilities
Policy PR2.3 Active Use and Natural Surveillance
Climate Action Plan
Strategy GA1 Support Urban Tree-Planting Programs
Strategy GA2 Support Local Agriculture and Food Production
DOCUMENTS ATTACHED:
Attachment 1 – FY 2021-2023 Love Your Block Mini-Grant Guidelines Attachment 2 – FY 2021-2023 Love Your Block Mini-Grant Application Attachment 3 – FY 2021-2023 Love Your Block Mini-Grant Final Report Attachment 4 – FY 2021-2023 Grantee Award Agreement
FY2021-2023 Love Your Block Mini-Grant Guidelines • Page 1 of 4
FY2021-2023 Love Your Block Mini-Grant Guidelines
BACKGROUND
Since 2015, Love Your Block has awarded 39 mini-grants to volunteer-based projects in Richmond, led by your neighbors and local organizations. The Love Your Block (LYB) Mini-Grant Program is returning again, funded through a partnership between the Community Services Department and the City Manager’s Office, Economic Development.
A resolution was approved by City Council on December 17, 2019, approving a solid waste Franchise Fee adjustment of a 7.5 percent increase to develop I Heart Richmond. The funding can be used for: 1) Compliance and enforcement of local and state solid waste reduction and recycling laws; 2) Prevention of litter and blight; and 3) Improving overall environmental quality and health.
LYB Mini-Grants will fund proposals that improve environmental quality by engaging community volunteers to clean-up and beautify Richmond.
APPLICANT ELIGIBILITY
ELIGIBLE APPLICANTS INCLUDE:
• Organizations utilizing a non-profit fiscal sponsor
• Non-profit organizations with 501(c)(3) tax status
ELIGIBLE APPLICANTS MUST ALSO MEET THE FOLLOWING CONDITIONS:
• Have an Active status in the California Secretary of State Business Search • Did not receive a Love Your Block Mini-Grant award during the previous (FY2020-2022) Love Your Block Mini-Grant cycle
PROJECT ELIGIBILITY
ELIGIBLE PROJECT AREAS:
• Must occur within the boundaries of City of Richmond
• Must occur in an area that is accessible to the public INELIGIBLE PROJECT AREAS:
• Unincorporated areas
• Areas that encroach on property of other public agencies, including but not limited to CalTrans and BART ➢ Exceptions can be made if applicant has a pre-existing agreement with the agency ELIGIBLE PROJECTS:
• Must promote beautification, sustainability, health and safety, community engagement, and/or creation/improvement of public space
• Must engage at least 10 community volunteers to clean-up and beautify Richmond • Must include at least one (1) community event during which physical clean-up and beautification occurs • Must begin on or after July 1, 2022 and be completed by April 30, 2023 • Ongoing projects are eligible, but funds may not be used to reimburse expenses incurred prior to July 1, 2022
FY2021-2023 Love Your Block Mini-Grant Guidelines • Page 2 of 4
Examples of eligible projects include but are not limited to: community clean-ups (i.e. trash pickup, weed abatement, and/or pruning); ongoing maintenance, revitalization, or expansion of a community garden; creation of a new community garden; public art projects; painting projects; ongoing maintenance, revitalization, or expansion of Little Free Libraries; and installation of new Little Free Libraries.
ELIGIBLE USES OF GRANT FUNDS
Grant requests may be up to $10,000. Grant requests exceeding $10,000 will automatically be disqualified.
ELIGIBLE COSTS:
• Grant requests up to $10,000
• Project supplies and materials, including food for volunteers • Rental/facility fees, permits (e.g. road closure, traffic control, food), insurance • Fiscal sponsorship fees, if applicable – up to 10% of your grant request • Administration fees – up to 10% of your grant request • Stipends, professional services – up to 30% of your grant request, eligible on case-by-case basis ➢ Gift cards are not eligible
MINI-GRANT AWARD AMOUNTS & PAYMENT PROVISIONS
A total of $80,000 is available for the FY2021-2023 mini-grant cycle. Grant awards can be up to $10,000, and the number of grant awards available will be determined based on the amount of each award.
Grant awards will be paid in a ninety percent (90%) up-front installment by June 30, 2022. Ten percent (10%) will be disbursed upon completion of the project and submission of a complete final report package.
APPLICATION INSTRUCTIONS & REQUIREMENTS
The Love Your Block Mini-Grant Application is available online at www.richmondloveyourblock.org.
Applications will be accepted until Friday, February 25, 2022 at 11:59 pm.
Application packages must be submitted via e-mail to [email protected] with “Love Your Block Mini-Grant Application” in the subject line. Applications must be submitted in a readable PDF or Word format (scanned files are not accepted). Supplemental files may be submitted in non-readable formats.
The following materials must be submitted as part of a completed application package:
• Completed application, including budget (all sections completed and questions answered) • Proof of 501(c)3 status (Non-Profit Status Determination letter from the IRS)* • City of Richmond W-9 form*
• Vendor Supplemental Questionnaire*
• Signed Letter of Permission from property owner, if proposal takes place on private property • Signed agreement with a public agency, if proposal encroaches on non-City public property • Signed agreement between the organization and the fiscal sponsor, if applicable ITEMS MARKED WITH AN * MUST BE COMPLETED BY YOUR FISCAL SPONSOR IF YOU ARE USING ONE.
Note: City staff will confirm that the organization has filed the required document(s) in California and is authorized to carry out its business activities (California Secretary of State - https://businesssearch.sos.ca.gov/). Applications submitted by organizations not identified with “active” status may be disqualified.
Applications that fail to include these documents or fail to meet eligibility requirements will be disqualified.
FY2021-2023 Love Your Block Mini-Grant Guidelines • Page 3 of 4
APPLICATION REVIEW & SCORING
The selection process is as follows:
1. City staff review applications for satisfaction of application and eligibility requirements. Only complete and eligible applications proceed to the next step.
2. Complete and eligible applications are forwarded to a review committee. The review committee consists of community volunteers. Applications will be evaluated and scored using the criteria listed below:
Proposed Project (Total: 5 Pts)
● Project will physically clean-up/beautify Richmond
● Project promotes beautification, sustainability, health and safety, community engagement, and/or creation/improvement of public space ● Clear description of proposed project
● Project goal relates to clean-up and beautification
● Includes community events for physical clean-up and beautification by volunteers ● Project can realistically be completed by April 30, 2023 Neighborhood Engagement (Total: 5 Pts)
● Realistic metric goals
● Clear plan to recruit at least 10 volunteers
● Clear plan to involve residents, community members, organizations, and/or businesses outside of current network
● Utilizes a variety of community outreach methods
● Has received or will seek community input on elements of the project ● Clear plan to engage community safely given pandemic
Proposed Budget (Total: 5 Pts)
● Budget items correspond to project proposal
● Budget is reasonable for the project
BONUS: Project Site (Total: 1 Pt)
● Project will take place in a City of Richmond park, including Richmond Greenway
3. Application scores will be averaged across review committee members. Funding is awarded based on the highest average scores. Proposals will be fully funded unless there is insufficient funding for the lowest- scoring awarded proposal, in which case partial funding will be awarded.
All scores are final. There is no grievance process. Copies of scores can be provided to applicants upon request.
GRANT REQUIREMENTS
If you are selected to receive a mini-grant, you will be required to:
• Sign and submit a Grant Award Agreement** by April 21, 2022 outlining terms and conditions of accepting the grant, which will include, but is not limited to:
➢ Attending a grantee orientation in May or June 2022.
➢ Taking and submitting before, during, and after photos of the project. ➢ Having all volunteers participating in the project sign the City of Richmond Liability and Waiver and providing the same to City of Richmond in the final report package. ➢ Obtaining additional approvals and/or permits from City departments, commissions, or City Council as necessary.
➢ Maintaining records to show and account for use of grant funds, and submitting copies of all receipts, checks, or other payments made with the grant funds in the final report. ➢ Tagging City of Richmond social media accounts in social media content.
FY2021-2023 Love Your Block Mini-Grant Guidelines • Page 4 of 4
➢ Acknowledging the City of Richmond in all content using provided logos and mentioning City of Richmond in all media contacts associated with the project. ➢ Submitting a comprehensive final report package about your project that will include a questionnaire, metrics report, budget report, copies of all receipts, copies of all signed waivers, photos, and outreach materials.
• Provide proof of insurance as outlined in City of Richmond Insurance Requirements by April 21, 2022.
Fiscal sponsors must have insurance that covers all actions of the sponsored organization/individual. • Obtain a City of Richmond business license by April 21, 2022 if your mini-grant award exceeds five thousand dollars ($5,000.00), or if your entity makes more than five thousand dollars ($5,000.00) within the City of Richmond during the fiscal year.
**If you are an organization utilizing a fiscal sponsor, your fiscal sponsor must sign the Grant Award Agreement, obtain a business license if applicable, and provide proof of insurance by these dates.
If your application includes long-term or permanent improvements to City property, you may be required to do any or all of the following: submit and receive an approved Adopt-a-Spot Application, present to and receive approval from the Recreation and Parks Commission, and present to and receive approval from other City departments or commissions.
If your application includes public art on City property, you will be required to adhere to Public Art Policies in the City and present the concept design to the Public Arts Advisory Committee and/or Richmond Arts & Culture Commission for approval prior to installation.
IMPORTANT DATES
IMPORTANT: PLEASE NOTE TIMEFRAMES FOR RECEIPT OF DOCUMENTS. FAILURE TO ADHERE TO THESE DEADLINES WILL RESULT IN FORFEITURE OF YOUR MINI-GRANT. ITEMS MARKED WITH AN * MUST BE SUBMITTED BY OR ON BEHALF OF YOUR FISCAL SPONSOR IF YOU ARE USING ONE.
Deadline – Application with Proof of 501(c)3 Status*, W-9 Form*, Vendor Supplemental Questionnaire*, Signed Letter of
Permission from Property Owner, Fiscal Sponsorship Agreement* 11:59 pm, Friday February 25, 2022
E-mail Award Notification to Mini-Grantees Wednesday March 23, 2022 Deadline - Verbal/Written Acceptance of Mini-Grant Wednesday March 30, 2022 Mini-Grant Award Agreements, Requests for Business Licenses and Insurance Distributed to Mini-Grantees
Thursday March 31, 2022
Deadline - Signed Mini-Grant Award Agreement*,
Business License*, and Insurance*
Thursday April 21, 2022
Public Announcement of Mini-Grantees Monday April 25, 2022 Mini-Grant Funds (90%) Disbursed by This Date Thursday June 30, 2022 Mini-Grant Term Begins/Activities Begin Friday July 1, 2022 Mini-Grant Activities End Sunday April 30, 2023
Deadline – Completed Final Report Documents Wednesday May 31, 2023 Mini-Grant Funds (10%) Disbursed by This Date Friday June 30, 2023 QUESTIONS?
For inquiries or clarification regarding this program or application, please contact Love Your Block, Community Services Department at [email protected] or 510-620-6563.
One-on-one Zoom office hours are highly recommended to assist you with your application. Please check the Love Your Block website for more information at www.richmondloveyourblock.org. Frequently Asked Questions (FAQ) will also be posted to the Love Your Block website on a rolling basis.
1 Submit your completed application package to [email protected] by 11:59 pm on Friday, February 25, 2022.
Questions? E-mail [email protected], call 510-620-6563, or visit www.richmondloveyourblock.org.
FY2021-2023 Love Your Block Mini-Grant Application
PLEASE TYPE DIGITALLY—HANDWRITTEN APPLICATIONS WILL NOT BE CONSIDERED.
SECTION 1: APPLICANT INFORMATION
Please select your applicant type:
☐ Organization utilizing a non-profit 501(c)3 fiscal sponsor – must complete Sections 1, 2, 3, 4, 5, 6 ☐ Non-profit organization with 501(c)3 status – must complete Sections 1, 3, 4, 5, 6 Organization Name: Organization Name
Organization Address: Address, City, State, Zip
Executive Director First Name: First Name Executive Director Last Name: Last Name Executive Director Phone: Phone Executive Director E-mail: E-mail Project Manager First Name: First Name Project Manager Last Name: Last Name Project Manager Phone: Phone Project Manager E-mail: E-mail SECTION 2: FISCAL SPONSOR INFORMATION
LEAVE THIS SECTION BLANK IF YOUR APPLICANT TYPE IS “NON-PROFIT ORGANIZATION WITH 501(C)3 STATUS”.
Note: Please review the Mini-Grant Information prior to beginning your application to fully understand the documents your fiscal sponsor will need to provide and documentation deadlines your fiscal sponsor will need to follow.
Fiscal Sponsor Organization Name: Fiscal Sponsor Organization Name Executive Director First Name: First Name Executive Director Last Name: Last Name Organization Address: Address, City, State, Zip
Phone: Phone E-mail: E-mail
SECTION 3: PROJECT DESCRIPTION
Project Title: Project Title
Project Summary (100 words or less):
Enter text
Project Budget: Project Budget
Grant Amount Requested (up to $10,000): Amount Requested Project Start Date (must be July 1, 2022 or later): Click here to select a date.
Project End Date (must be April 30, 2023 or earlier): Click here to select a date.
2 Submit your completed application package to [email protected] by 11:59 pm on Friday, February 25, 2022.
Questions? E-mail [email protected], call 510-620-6563, or visit www.richmondloveyourblock.org.
Project Site Address: Address, City
Is the Project Site…
• A City of Richmond Park or Trail (i.e. Richmond Greenway)? Select Yes or No • Accessible by the public? Select Yes or No
• Within the boundaries of the City of Richmond? Select Yes or No • Encroaching on property of a public agency other than City of Richmond (i.e. CalTrans, BART)? Select Yes or No
If “Yes”, you must submit proof of a pre-existing agreement with the agency or your application will be disqualified.
• On private property? Select Yes or No
If “Yes”, you must submit a signed Letter of Permission from the property owner authorizing the project.
Project Site Photos: Insert one (1) photo below showing the current condition of your project site. If you are having technical difficulty with this function, you may attach it separately in your submission.
3 Submit your completed application package to [email protected] by 11:59 pm on Friday, February 25, 2022.
Questions? E-mail [email protected], call 510-620-6563, or visit www.richmondloveyourblock.org.
Describe your Love Your Block Mini-Grant project proposal. Be sure to include the number of community events you will host and what those events will entail.
Enter text
What is the overall goal of your Love Your Block Mini-Grant project? Enter text
What metrics/data will you gather to show the impact of your project? List at least 3.
Enter text
4 Submit your completed application package to [email protected] by 11:59 pm on Friday, February 25, 2022.
Questions? E-mail [email protected], call 510-620-6563, or visit www.richmondloveyourblock.org.
SECTION 4: VOLUNTEER & NEIGHBORHOOD ENGAGEMENT
List any individuals or entities you will be partnering with for this mini-grant and provide their role.
Enter text
How many volunteers will be recruited for your project? # of volunteers What will be the role of volunteers in your project?
Enter text
How will you involve resident volunteers, community members, organizations, and/or businesses outside of your current network?
Enter text
What community outreach methods will you use to recruit volunteers for and publicize your project? Enter text
What measures will you take to prevent the spread of COVID-19 during the course of your project? Enter text
5 Submit your completed application package to [email protected] by 11:59 pm on Friday, February 25, 2022.
Questions? E-mail [email protected], call 510-620-6563, or visit www.richmondloveyourblock.org.
SECTION 5: BUDGET
Complete the budget form below. Be as detailed as possible. Thoroughly review the Mini-Grant Guidelines for information on eligible and ineligible costs, and contact Love Your Block staff if you have any questions.
Ineligible expenses will result in disqualification.
Item Description/Purpose Cost Quantity Total Cost
Item 1 Item Description $0.00
Item 2 Item Description $0.00
Item 3 Item Description $0.00
Item 4 Item Description $0.00
Item 5 Item Description $0.00
Item 6 Item Description $0.00
Item 7 Item Description $0.00
Item 8 Item Description $0.00
Item 9 Item Description $0.00
Item 10 Item Description $0.00
Item 11 Item Description $0.00
Item 12 Item Description $0.00
Item 13 Item Description $0.00
Item 14 Item Description $0.00
Item 15 Item Description $0.00
Total Amount Requested: $0.00
6 Submit your completed application package to [email protected] by 11:59 pm on Friday, February 25, 2022.
Questions? E-mail [email protected], call 510-620-6563, or visit www.richmondloveyourblock.org.
SECTION 6: ACKNOWLEDGMENT
By submitting this application, the applicant acknowledges the following:
• Applicant has thoroughly read and understands the Love Your Block Mini-Grant Guidelines, Love Your Block Mini-Grant application questions, and the City of Richmond and Community Services Department requirements.
• All questions contained in the application have been answered and the following required documents are included as part of the application packet (check all boxes):
☐ Completed application (all sections completed and questions answered) in readable PDF or Word format (scanned files are not accepted)
☐ Proof of 501(c)(3) status (Non-Profit Status Determination letter from the IRS) ☐ City of Richmond W-9 form for the 501(c)3 organization ☐ Vendor Supplemental Questionnaire
• The following documents are included in the application packet as needed (check applicable boxes):
☐ Signed Letter of Permission from property owner, if proposal takes place on private property ☐ Signed agreement with a public agency, if proposal encroaches on non-City public property ☐ Signed agreement between the organization and the fiscal sponsor, if applicable • Applicant’s organization will obtain comprehensive background checks and/or finger printing of all employees and/or volunteers that work directly with youth or such other vulnerable populations. (For applicable organizations requesting funds to support an existing or new youth program and/or program that works with other vulnerable populations); and
• The information included as part of this application is true and accurate.
Applicant Name Organization Name
Applicant Name (Type) Organization Name
Click to enter a date
Date
Submit all documents electronically to [email protected] by May 31, 2023.
FY 2021-2023 Love Your Block Mini-Grant Final Report
First Name: First Name Last Name: Last Name
Organization Name: Organization Name Date of Report: Click to enter a date Grant Start Date: Click to enter a date Grant End Date: Click to enter a date
PROJECT REPORT
1. What was your original Love Your Block Mini-Grant project proposal and goal? Enter text
2. Describe the final outcome of your project.
Enter text
3. Comment on additional outcomes not directly associated with the project’s objectives (e.g. partnerships formed, additional funding support gained).
Enter text
4. How did you conduct outreach and publicity?
Enter text
5. How did your Love Your Block Mini-Grant impact the Richmond community? Enter text
6. How did volunteers serve the community through your Love Your Block Mini-Grant? Enter text
7. What challenges did you encounter?
Enter text
8. What lessons did you learn through the Love Your Block Mini-Grant program? Enter text
9. What suggestions do you have to offer to improve the Love Your Block Mini-Grant program? Enter text
Submit all documents electronically to [email protected] by May 31, 2023.
METRICS REPORT
Please complete the metrics report form below. If you do not know the exact numbers, enter your best estimate. You may also enter other metrics you collected at the bottom of the form.
Metric Unit of Measurement
Trash Bags Filled bags filled
Litter Removed pounds removed
Community Events created
Trees Planted trees planted
Trees/Shrubs Pruned trees/shrubs pruned
Art Displays Created art displayed created
Lot Clean-Ups lots cleaned
Park Clean-Ups parks cleaned
Volunteers Recruited recruited
Hours of Volunteer Service total hours served
Gardens Created created
Gardens Revitalized revitalized
Seeds/Plants Planted seeds/plants planted
Square Footage of Plants Planted square feet
Square Footage of Space Painted square feet
Residents Reached (via fliers, social media) residents reached Other: Enter custom metric Enter custom metric
Other: Enter custom metric Enter custom metric
Other: Enter custom metric Enter custom metric
Other: Enter custom metric Enter custom metric
Other: Enter custom metric Enter custom metric
Other: Enter custom metric Enter custom metric
Other: Enter custom metric Enter custom metric
Submit all documents electronically to [email protected] by May 31, 2023.
BUDGET REPORT
Please complete the budget report form below. Detail how you spent your mini-grant funds.
Item Description/Purpose Cost Quantity Total Cost
Item 1 Item Description $0.00
Item 2 Item Description $0.00
Item 3 Item Description $0.00
Item 4 Item Description $0.00
Item 5 Item Description $0.00
Item 6 Item Description $0.00
Item 7 Item Description $0.00
Item 8 Item Description $0.00
Item 9 Item Description $0.00
Item 10 Item Description $0.00
Item 11 Item Description $0.00
Item 12 Item Description $0.00
Item 13 Item Description $0.00
Item 14 Item Description $0.00
Item 15 Item Description $0.00
Total Amount Requested: $0.00
Submit all documents electronically to [email protected] by May 31, 2023.
ADDITIONAL ATTACHMENTS REQUIRED
Please send the following along with your Final Report. Final Reports that do not include the below are considered incomplete. You may include a link(s) to Google Drive folders, Dropbox, or other sites where your files can be downloaded if your file sizes are too large for e-mail. Please use separate folders to distinguish between each of the following.
☐ Copies of all receipts, checks, and other payments made with the grant funds. Please combine into one PDF document.
☐ Copies of all signed City of Richmond Liability and Waivers from the project. Please combine into one PDF document per event. If you held 3 events, you should submit 3 PDF documents. ☐ Individual files (PNG or JPG only) of before, during, and after photos of your project site. (You may include a link to a Google Drive folder, Dropbox, etc. where all files can be downloaded in the space below.) ☐ Files for or web links to outreach and publicity materials developed for the project. (If sending web links, they may be typed below.)
If applicable, enter links to Google Drive folders, Dropbox, or other sites where your files can be downloaded.
Please use separate folders for the different types of files (i.e. receipts; waivers; photos; outreach and publicity materials).
In this space, you may also enter web links to outreach and publicity materials developed for the project in lieu of files.
3230 Macdonald Ave, Richmond, CA 94804-3012
Telephone: (510) 620-6793 • Fax: (510) 620-6583 • www.richca-communityservices.org
COMMUNITY SERVICES DEPARTMENT
«AddressBlock»
Date
Dear «Name/Company»,
Congratulations! We are pleased to inform you that your project has been selected for a Love Your Block Mini-Grant in the amount of $«Amount».
This letter outlines the terms and conditions of accepting the grant. Please read this letter carefully, sign and return this signed award agreement by no later than 5 p.m., Thursday, April 21, 2022. If you are an organization utilizing a fiscal sponsor, this grant agreement must be read and signed by an authorized representative of the fiscal sponsor organization.
Our offer of this grant is subject to your agreement to:
1. Use the grant funds only as specified in the approved grant proposal. Written approval must be received for budget adjustments.
2. Expend grant funds only during the grant activities term of July 1, 2022 through April 31, 2023. The only authorized uses of funds prior to the grant activities term are a business license if required due to your grant award and insurance related to this grant award required by Attachment B.
Authorization shall automatically be granted provided that the grantee meets all required deadlines specified in this agreement.
3. Maintain your records to show and account for the uses of grant funds, and submit copies of all receipts, checks and other payments made with the grant funds in the Final Report.
4. Allow City of Richmond access to records to verify grant expenditures and activities at any time during or after the grant term.
5. Provide written acknowledgment of receipt of grant fund payment.
6. Repay any portion of the funds not used for the specified purposes.
7. Refrain from use of the funds for any purpose prohibited by law.
8. Cooperate with any efforts of CSD to publicize the grant award.
9. Comply with reasonable requests for information about mini-grant activities.
10. Obtain additional approvals and/or permits from City departments, commissions, or City Council as necessary.
11. Take and submit before, during, and after photos of the project and authorize the City of Richmond to utilize and publish the same.
12. Meet terms and conditions specified in Attachment A attached hereto and incorporated herein by this reference.
13. Have all volunteers participating in the project sign the City of Richmond Liability and Waiver prior to their performing any services related to the project and provide copies of the same to the City in the Final Report package.
14. No later than 5 p.m., Thursday, April 21, 2022, obtain or show proof of a City of Richmond business license if your mini-grant award exceeds five thousand dollars ($5,000.00), or if your entity makes more than five thousand dollars ($5,000.00) within the City of Richmond during the fiscal year.
15. No later than 5 p.m., Thursday, April 21, 2022, provide proof of insurance as set forth in Attachment B, Insurance Requirements for Vendors, Suppliers, Small Grant Recipients and Non-profit Organizations, which is attached hereto and incorporated herein by this reference.
3230 Macdonald Ave, Richmond, CA 94804-3012
Telephone: (510) 620-6793 • Fax: (510) 620-6583 • www.richca-communityservices.org
COMMUNITY SERVICES DEPARTMENT
PUBLICITY
The grantee shall include “Funded by a Love Your Block Mini-Grant from the City of Richmond City Manager’s Office, Economic Development and Community Services Department” in all content created regarding the project, including but not limited to press releases, news conferences, other media contacts, brochures, announcements, flyers, manuals, reports, etc. The grantee shall additionally utilize all provided logos in all design materials such as brochures, flyers, social media graphics, t-shirts, banners, etc. The grantee shall also tag all of the following City of Richmond social media accounts (@richmondcsd and @richmondloveyourblock on Instagram and Facebook; @RichmondEH on Facebook) in social media content.
FINAL REPORT
A complete Final Report package for the project shall be e-mailed to [email protected] no later than 5 p.m. May 31, 2023. A complete Final Report package is defined as a Final Report with all fields and questions completed, Metrics Report and Budget Report completed, and additional attachments provided including copies of all receipts, checks and other payments made with the grant funds; copies of all signed City of Richmond Liability and Waivers for the project; files of before, during, and after photos of the project site; and files for or web links to outreach and publicity materials developed for the project. An incomplete Final Report package is a breach of the terms and conditions of this grant agreement.
PAYMENT TIMELINE
90% of awarded funds shall be disbursed by June 30, 2022. 10% of awarded funds shall be disbursed by June 30, 2023 upon grantee completion of the project and grantee submission of a completed Final Report package. The City of Richmond will review the Final Report package to verify the Final Report is considered complete.
RIGHTS TO MODIFY OR REVOKE
The City of Richmond reserves the right to discontinue, modify, or withhold any payments to be made under this grant award or to require a total or partial refund of any grant funds if, in the City of Richmond’s sole discretion, such action is necessary: (1) because you have not fully complied with the terms and conditions of this grant; (2) to protect the purpose and objectives of the grant or any other charitable activities of the City; or (3) to comply with the requirements of any law or regulation applicable to you, the City or this grant.
If the City of Richmond does not receive the required documents specified in this agreement by 5 p.m., April 21, 2022, this grant may be revoked. If the grantee agrees to these terms, please have an authorized representative sign and return one copy of this letter. We appreciate being able to assist you with your efforts.
ACCEPTED AND AGREED TO:
Organization Name Date
(Fiscal Sponsor of Applicant, if applicable)
Executive Director (PRINT) Executive Director (SIGNATURE)
CITY OF RICHMOND:
Community Services Director Date
3230 Macdonald Ave, Richmond, CA 94804-3012
Telephone: (510) 620-6793 • Fax: (510) 620-6583 • www.richca-communityservices.org
COMMUNITY SERVICES DEPARTMENT
Attachment A:
1. It is expressly agreed that the grantee is to perform the services described herein as an independent organization pursuant to California Labor Code Section 3353, under the control of the City as to the result of grantees work only but not as to the means by which such result is accomplished. Nothing contained herein shall in any way be construed to make the grantee or any of its agents or employees, an agent, employee or representative of the City. The grantee shall be entirely responsible for the compensation of any assistants and/or employees used by the grantee in providing said services.
2. This grant shall automatically terminate when the total accumulated compensation granted to the grantee under this grant reaches the amount of the grant set forth in the first paragraph of the grant award letter. The City shall not be responsible for compensating the grantee for any amounts in excess of the grant award.
3. Either the City or the grantee may cancel this grant at any time upon giving the other party ten (10) days' written notice of such cancellation. In the event of cancellation, the grantee shall return any portion of the grant funds not used.
4. The grantee shall not assign this grant, or any part thereof, or any right of the grantee hereunder without the prior written consent of the City at the City’s sole and absolute discretion.
5. The grantee shall indemnify, defend and hold the City harmless from and against all claims, demands and causes of action for injury, death or damage to any person or property which may arise or result from the grantee's performance of the activities funded by the grant or from acts or omissions of any person(s) employed by the grantee.
6. The grantee agrees to observe all applicable laws including, but not limited to, the provisions of Section
2.28.030 of the Municipal Code of the City of Richmond obligating every contractor or subcontractor under a contract or subcontract to the City of Richmond for public works or for goods or service to refrain from discriminatory employment practices on the basis of the race, color, sex, sexual orientation, gender identity, religious creed, national origin or ancestry of any employee of, or applicant for employment with, such contractor or subcontractor.
7. Pursuant to Chapter 7.04 and Section 7.04.160 (f) of the Municipal Code of the City of Richmond, if this grant does not exceed five thousand dollars ($5,000.00) and if the grantee does not make more than five thousand dollars ($5,000.00) within the City of Richmond during the fiscal year, then the grantee shall be exempt from obtaining a City of Richmond business license.
8. If this grant does exceed five thousand dollars ($5,000.00), or if the grantee does make more than five thousand dollars ($5,000.00) within the City of Richmond during the fiscal year, then a City of Richmond business license shall be obtained before any payment under this grant shall be authorized and the business license must be kept current during the term of this grant.
3230 Macdonald Ave, Richmond, CA 94804-3012
Telephone: (510) 620-6793 • Fax: (510) 620-6583 • www.richca-communityservices.org
COMMUNITY SERVICES DEPARTMENT
Attachment B:
Insurance Provisions
During the entire term of this grant and any extension or modification thereof, the GRANTEE shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
January 18, 2022
Mayor's Office
DATE: January 18, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Mayor Tom Butt
Subject:
(This will appear on the agenda)
Appointment(s) to the Richmond-Zhoushan Friendship
Commission
FINANCIAL IMPACT: There are no financial impacts related to this item.
PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
N/A
STATEMENT OF THE
ISSUE:
Actions are required to update, and make current, the
appointment roster of the Richmond-Zhoushan
Friendship Commission. There are 11 seats on the
commission, of which four are currently vacant.
RECOMMENDED ACTION:
(This will appear on the agenda)
APPROVE appointment(s) to the Richmond-Zhoushan
Friendship Commission; APPOINT Alexander Golovets,
new appointment, seat #10, term expiration date
December 31, 2023 – Office of the Mayor (Mayor Tom
Butt 510-620-6503).
AGENDA
REPORT
January 18, 2022
DISCUSSION:
The following individual(s) are being appointed to the commission:
Alexander Golovets is being appointed to seat #10 for his second term on the Richmond-Zhoushan Friendship Commission. Mr. Golovets is a Richmond resident and practicing attorney. His term will expire December 31, 2023.
DOCUMENTS ATTACHED:
Attachment 1 – Redacted application Alexander Golovets
January 18, 2022
Mayor's Office
DATE: January 18, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Mayor Tom Butt
Subject:
(This will appear on the agenda)
Appointment(s) to the Economic Development
Commission
FINANCIAL IMPACT: There are no financial impacts related to this item.
PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
N/A
STATEMENT OF THE
ISSUE:
Actions are required to update, and make current, the
appointment roster of the Economic Development
Commission. There are 15 seats on this commission, of
which one is vacant.
RECOMMENDED ACTION:
(This will appear on the agenda)
APPROVE appointment(s) to the Economic Development
Commission; APPOINT Andrea Portillo-Knowles, new
appointment, seat #15, term expiration date March 30,
2022 – Office of the Mayor (Mayor Tom Butt 510-620-
6503).
DISCUSSION: On September 8, 2020, Andrew Perroy was appointed to seat #15 on the Economic Development Commission and resigned from his seat on March 10, 2021.
AGENDA
REPORT
January 18, 2022
Andrea Portillo-Knowles is being appointed to fill the unexpired term left by Mr. Perroy.
Ms. Portillo-Knowles is the Executive Director of the Richmond Main Street Initiative.
Her term will expire on March 30, 2022.
DOCUMENTS ATTACHED:
Attachment 1 – Redacted application for Andrea Portillo-Knowles
January 18, 2022
Mayor's Office
DATE: January 18, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Mayor Tom Butt
Subject:
(This will appear on the agenda)
Appointment(s) to the Human Rights and Human
Relations Commission
FINANCIAL IMPACT: There are no financial impacts related to this item.
PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
N/A
STATEMENT OF THE
ISSUE:
Actions are required to update, and make current, the
appointment roster of the Human Rights and Human
Relations Commission. There are currently nine total
seats on the commission, of which four are vacant.
RECOMMENDED ACTION:
(This will appear on the agenda)
APPROVE appointment(s) to the Human Rights and
Human Relations Commission; APPOINT Megan
Sanchez, new appointment, seat #3, term expiration date March 30, 2023; Jason Woody, new appointment, seat
#9, term expiration date March 30, 2025 – Office of the Mayor (Mayor Tom Butt 510-620-6503)
AGENDA
REPORT
January 18, 2022
DISCUSSION:
On June 16, 2020, Michael Cervantes was appointed to seat #3 on the Human Rights and Human Relations Commission and resigned from his seat. Megan Sanchez is being appointed to fill the unexpired term left by Mr. Cervantes. Ms. Sanchez is a Richmond resident and full-time student. Her term will expire on March 30, 2023.
Jason Woody is being appointed to seat #9 for his first term on the Human Rights/Human Relations Commission. Mr. Woody is the Community Development Director for Rich City Rides. His term will expire on March 30, 2025.
DOCUMENTS ATTACHED:
Attachment 1 – Redacted application for Megan Sanchez
Attachment 2 – Redacted application for Jason Woody
January 18, 2022
Mayor's Office
DATE: January 18, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Mayor Tom Butt
Subject:
(This will appear on the agenda)
Appointment(s) to the Workforce Development Board
FINANCIAL IMPACT: There are no financial impacts related to this item.
PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
N/A
STATEMENT OF THE
ISSUE:
Actions are required to update, and make current, the
appointment roster of the Workforce Development Board.
There are currently 39 total seats on the commission, of which 17 are vacant.
RECOMMENDED ACTION:
(This will appear on the agenda)
APPROVE appointment(s) to the Workforce
Development Board; APPOINT Alexandra McGee, new
appointment, seat #8, education and training
representative, term expiration date September 22, 2026 – Office of the Mayor (Mayor Tom Butt 510-620-6503).
AGENDA
REPORT
January 18, 2022
DISCUSSION:
Alexandra McGee is being appointed to seat #8 for her first term on the Workforce Development Board. Ms. McGee is the Manager of Strategic Initiatives for MCE and fulfills the education and training partner requirement per the Workforce Innovation and Opportunity Act. Her term will expire September 22, 2026.
DOCUMENTS ATTACHED:
Attachment 1 – Redacted application for Alexandra McGee
January 18, 2022
Mayor's Office
DATE: January 18, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Mayor Tom Butt
Subject:
(This will appear on the agenda)
Appointment(s) to the Housing Advisory Commission
FINANCIAL IMPACT: There are no financial impacts related to this item.
PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
N/A
STATEMENT OF THE
ISSUE:
Actions are required to update, and make current, the
appointment roster of the Housing Advisory Commission.
There are seven seats on this commission, of which one
is vacant.
RECOMMENDED ACTION:
(This will appear on the agenda)
APPROVE an appointment to the Housing Advisory
Commission; APPOINT Preston Lam, re-appointment,
seat #7, term expiration date November 1, 2022 – Office of the Mayor (Mayor Tom Butt 510-620-6503).
AGENDA
REPORT
January 18, 2022
DISCUSSION:
Preston Lam is being re-appointed to seat #4 for his third term on the Housing Advisory Commission. Mr. Lam is a resident of Richmond and is a Project Manager for the Chinatown Community Development Center. His term will expire on November 1, 2023.
DOCUMENTS ATTACHED:
Attachment 1 – Redacted application for Preston Lam
January 18, 2022
Public Works
DATE: January 18, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Joe Leach, P.E. Public Works Director
Subject:
(This will appear on the agenda)
Contract Amendment No. 2 to legal services contract with Downey Brand law firm
FINANCIAL IMPACT: This item is included in the Wastewater Fiscal Year 2021- 2022 budget as a separate line item (40322631-400534)
and will be paid from the Enterprise Fund.
PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
July 16, 2019 – Contract approved
STATEMENT OF THE
ISSUE:
The proposed Contract Amendment No.2 will allow the
City to use Downey Brand law firm to represent them
during discussions and for reviewing legal documents
regarding the Baykeeper Settlement Agreement.
RECOMMENDED ACTION:
(This will appear on the agenda)
APPROVE Contract Amendment No. 2 with Downey
Brand law firm, increasing the amount of the contract
$255,000 (over three years), for a total amount not to
exceed $510,000, for the legal review of the
requirements as predetermined in the existing Baykeeper Settlement Agreement, and to represent the City in any
future settlement agreement discussions - Public Works
(Joe Leach 510-620-5478). This item was continued
AGENDA
REPORT
January 18, 2022
from the December 21, 2021, and January 11, 2022,
meetings.
DISCUSSION:
In 2006, the City of Richmond, Veolia Water, West County Agency, and West County Wastewater District settled an environmental lawsuit brought forth by Lawyers for Clean Water (AKA: Baykeeper). In that settlement agreement, there were certain requirements that each agency must fulfill with specific deadlines to complete them.
Due to Richmond’s inability to comply with the terms of the 2006 Settlement Agreement, Baykeeper negotiated another Settlement Agreement in 2018 (Attachment 4). This agreement extends until 2028.
The City retained the legal services of Downey Brand to assist with negotiating the terms of both the 2006 and 2018 Settlement Agreements with Baykeeper. As a result, Downey Brand has the knowledge and background to represent the City during various discussions with Baykeeper and to provide legal review of any documents prior to submittal as required in the current Settlement Agreement.
Therefore, staff is requesting City Council to approve this contract second amendment with Downey Brand.
DOCUMENTS ATTACHED:
Attachment 1 – Downey Brand Contract Amendment #2
Attachment 2 – Downey Brand Contract Amendment #1
Attachment 3 – Downey Brand Original Contract
Attachment 4 – 2018 Baykeeper Settlement Agreement
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First Amendment to Agreement for Legal Services A-1
FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
BETWEEN
THE CITY OF RICHMOND
AND
DOWNEY BRAND, LLP
This First Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and DOWNEY BRAND, LLP (“Special Counsel ”) (the " First Amendment") is entered into as of DECEMBER 7, 2021, by and between the City and Special Counsel with reference to the following facts:
RECITALS
WHEREAS, on July 1, 2019 the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and City-related entities, in connection with matters pertaining to the compliance by the City of Richmond with the settlement agreement reached in the case of SF Baykeeper, et al v. City of Richmond (Case No. C05-03829 MMC in the United States District Court – Northern District of CA) for a total contract amount of Two Hundred Fifty Five Dollars ($255,000) and expiration term date of December 31, 2021; and
WHEREAS, the City now desires for Special Counsel t o continue its representation of the City and to extend the term expiration to December 31, 2024, and to increase the compensation limit by Two Hundred Fifty Five Thousand Dollars ($255,000); and
WHEREAS, the City and Special Counsel desire to amend the O riginal Agreement pursuant to this First Amendment.
NOW, THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:
1. Amendment Provision 1. Section 3 of the Agreement, Term of the Agreement, is hereby deleted in its entirety and replaced with the following:
“The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on DECEMBER 31, 2024, unless the parties extend the Agreement in writing. The services shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.”
Amendment Provision 2. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this Second Amendment.
2. Effect of First Amendment. Except as provided in this First Amendment, all other terms of the Original Agreement shall remain in full force and effect.
First Amendment to Agreement for Legal Services A-2
3. Counterparts. This First Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the City and Special Counsel have caused this First Amendment to be effective as of the last date written below.
CITY OF RICHMOND DOWNEY BRAND, LLP
________________________ By __________________________ Mayor
Title _________________________
Attest:
By: _____________________
City Clerk
Approved as to form:
By: _____________________
City Attorney
First Amendment to Agreement for Legal Services A-3
Attachment 1
SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:
Special Counsel shall advise and represent the City of Richmond, and its officers, agents, and employees on matters pertaining to the compliance by the City of Richmond with the settlement agreements reached in the case of SF Baykeeper, et al., v. City of Richm ond, (Case No. C05-03829 MMC in the United States District Court – Northern District of CA).
(City’s Contact Attorney: Stephanie Vollmer, Deputy City Attorney)
Schedule of Fees & Charges:
Law Firm anticipates that the primary attorney working on this ma tter will be Nicole Granquist. The billing rate for Nicole Granquist shall be $380 per hour.
Law Firm also anticipates that it may need to assign other attorneys to work on this matter. City of Richmond agrees that Law Firm may allocate work among attorne ys and other employees Law Firm Deems appropriate, based on their experience and availability. The hourly rates of other attorneys that may be assigned to this matter as follows:
Hourly Rates
NICOLE E. GRANQUIST $415/hour
MELISSA THORME $415/hour
ASSOCIATES $250- $350/hour
Compensation:
Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.
Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Five Hundred Ten Thousand Dollar ($ 510,000) for attorneys’ fees and reimbursements.
Contract No. 4859
Vendor No. 6058
Stipulated Request for Entry of Settlement 1 Case No. 3:05-cv-03829-MMC 1 2
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Daniel Cooper (Bar No. 153576)
LAWYERS FOR CLEAN WATER, INC.
1004 O’Reilly Avenue
San Francisco, California 94129
Telephone: (415) 440-6520
Facsimile: (415) 440-4155
Email: [email protected]
Attorneys for Plaintiffs
SAN FRANCISCO BAYKEEPER and
WEST COUNTY TOXICS COALITION
Erica A. Maharg (Bar No. 279396)
Nicole C. Sasaki (Bar No. 298736)
SAN FRANCISCO BAYKEEPER
1736 Franklin Street, Suite 800
Oakland, California 94612
Telephone: (510) 735-9700
Facsimile: (510) 735-9160
Email: [email protected]
Email: [email protected]
Attorneys for Plaintiff
SAN FRANCISCO BAYKEEPER
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO BAYKEEPER, a non-profit
corporation, and WEST COUNTY TOXICS
COALITION, a non-profit organization,
Plaintiffs,
v.
CITY OF RICHMOND, a municipal corporation,
Defendant.
Civil Case No.: 3:05-cv-03829-MMC
PLAINTIFFS AND DEFENDANT CITY
OF RICHMOND’S STIPULATED
REQUEST FOR ENTRY OF 2018
SETTLEMENT AGREEMENT,
TERMINATION OF 2006
SETTLEMENT AGREEMENT, AND
TO VACATE HEARING; [PROPOSED]
ORDER
The Honorable Maxine M. Chesney
Order
;
Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 1 of 126
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WHEREAS, on October 19, 2006, Plaintiffs San Francisco Baykeeper (“Baykeeper”) and West County Toxics Coalition (collectively, “Plaintiffs”) and Defendant City of Richmond (“Richmond”) (collectively, “Parties”) settled Plaintiffs’ 2005 Clean Water Act citizen suit via settlement agreement (Docket Nos. 29; 32-1 (the “2006 Settlement Agreement”)), and the Court retained jurisdiction over specified claims for the sole purpose of resolving any dispute between the Parties in relation to the enforcement of the terms of the 2006 Settlement Agreement. (Docket Nos. 32; 43.); WHEREAS, on October 16, 2017, Plaintiffs filed a Motion for an Order Finding Richmond in Civil Contempt of Court (“Motion”) alleging violation of the terms of the 2006 Settlement Agreement. (Docket No. 38.). On October 27, 2017, upon request of the Parties, this Court continued the briefing and hearing on Plaintiffs’ Motion to allow the Parties to hold a settlement conference. (Docket No. 43.); WHEREAS, the Parties previously stipulated, and this Court previously ordered, that the original Termination Date of the 2006 Settlement Agreement should be extended as to Richmond, and the current expiration date of the Parties’ 2006 Settlement Agreement is June 9, 2018. (Docket Nos. 34, 35, 40, 43.);
WHEREAS, Paragraph 10 of the 2006 Settlement Agreement specifies that the agreement shall terminate within the applicable time period “so long as all payments, fees, and costs due under or pursuant to th[e] [2006] Settlement Agreement, including, but not limited to, provisions governing Supplemental Environmental Projects, Attorney’s Fees and Costs, and Dispute Resolution, have been paid in full.” (Docket No. 32-1 at ¶10.);
WHEREAS, based upon stipulation of the Parties as a result of settlement discussions, (Docket No. 50), on March 13, 2018, this Court ordered that a Notice of Settlement be filed no later than March 30, 2018, that the briefing schedule and hearing on Plaintiffs’ Motion be held off-calendar while the Parties finalize settlement documents, and that on or before May 29, 2018, after the close of the 45-day settlement review period set forth in 40 C.F.R. §135.5 with the United States Environmental Protection Agency (“EPA”) and the United States Department of Justice (“DOJ”) without objection, the Parties shall file their settlement-related documents, or alternatively, provide this Court with a status update with respect to this Court’s October 27, 2017 Order to set a hearing and briefing schedule (Docket No. 43) on Plaintiffs’ Motion. (Docket No. 52.);
;
Order
Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 2 of 126
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WHEREAS, on March 30, 2018, the Parties filed a Notice of Settlement, notifying the Court that the Parties had reached a full settlement to resolve all outstanding issues in this action (“2018 Settlement Agreement” attached as Exhibit A to the [Proposed] Order filed concurrently herewith), and Plaintiffs served copies of the 2018 Settlement Agreement via U.S. Mail to DOJ and EPA for a mandatory 45-day review period under 33 U.S.C. § 1365(c)(3) and 40 C.F.R. § 135.5. (Docket No. 53.); WHEREAS, on May 21, 2018, DOJ notified the Court and the Parties that it does not object to the entry of the 2018 Settlement Agreement. (Docket. No. 54.); WHEREAS, the Parties now agree: (1) to terminate the 2006 Settlement Agreement (Docket Nos. 29; 32-1) concurrently with this Court’s approval and entry of the Order retaining jurisdiction to enforce compliance by the Parties with the terms of the 2018 Settlement Agreement, as that may occur before the 2006 Settlement Agreement’s current expiration date of June 9, 2018 (Docket Nos. 34, 35, 40, 43); and (2) that all terms and conditions for termination of the 2006 Settlement Agreement, including those conditions specified in Paragraph 10 of the 2006 Settlement Agreement, have been paid and satisfied in full;
WHEREFORE, the Parties also hereby provide this Court with their settlement-related documents (the 2018 Settlement Agreement, as noted above) as required by this Court’s March 13, 2018 Order (Docket No. 52);
WHEREFORE, the Parties hereby stipulate and request that the Court: (1) approve and enter the [Proposed] Order of the Court retaining jurisdiction over the Parties for the sole purpose of enforcing compliance by the Parties with the terms of the 2018 Settlement Agreement until the 2018 Settlement Agreement terminates; (2) terminate the 2006 Settlement Agreement (Docket Nos. 29 and 32-1) in its entirety upon this Court’s approval and entry of the [Proposed] Order; and (3) dismiss Plaintiffs’ Motion with prejudice and vacate the associated hearing and briefing schedule (Docket Nos. 38 and 43); and WHEREFORE, the Parties hereby stipulate and request the Court to approve and enter the [Proposed] Order attached hereto.
///
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///
;
Order
Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 3 of 126
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Respectfully Submitted,
Dated: May 24, 2018
By: /s/ Nicole C. Sasaki
Nicole C. Sasaki
Attorney for Plaintiff
SAN FRANCISCO BAYKEEPER
Dated: May 24, 2018
By: /s/ Daniel Cooper
Daniel Cooper
Attorney for Plaintiffs
SAN FRANCISCO BAYKEEPER and
WEST COUNTY TOXICS COALITION
Dated: May 24, 2018
DOWNEY BRAND LLP
By: / s/ Nicole E. Granquist (auth. to e-sign 05/24/18) Nicole Granquist
Attorney for Defendant
CITY OF RICHMOND
Order
;
Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 4 of 126
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[PROPOSED] ORDER
IT IS HEREBY ORDERED that the Court shall retain jurisdiction over the Parties for the sole purpose of enforcing compliance by the Plaintiffs and Defendant with the terms of the 2018 Settlement Agreement, attached hereto as Exhibit A, until the 2018 Settlement Agreement terminates.
IT IS FURTHER ORDERED that the Parties’ 2006 Settlement Agreement (Docket Nos. 29 and 32-1) is terminated.
IT IS FURTHER ORDERED that Plaintiffs’ Motion for an Order Finding Richmond in Civil Contempt of Court (“Motion”) (Docket No. 38) is dismissed with prejudice, and the associated hearing and briefing schedule on Plaintiffs’ Motion is vacated (Docket No. 43).
IT IS SO ORDERED.
Dated: _________________, 2018
The Honorable Maxine M. Chesney
United States Senior District Court Judge
June 4
Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th Th e Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho Ho no no no no no no no no no no no no no no no no no no no no no no no no no no no no no no no no no no no no no no no no no no no no no no no no no no no rable Maxi ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne M.
Ches ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne ne yyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy Un it it it it it it it it it it it it it it it it it it it it it it it ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed ed States Senior
District Court J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ;
Order
Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 5 of 126
Exhibit A
Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 6 of 126
Settlement Agreement 1 Case No. 3:05-cv-03829 MMC
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Daniel Cooper (Bar No. 153576)
LAWYERS FOR CLEAN WATER, INC.
1004 O’Reilly Avenue
San Francisco, California 94129
Telephone: (415) 440-6520
Facsimile: (415) 440-4155
Email: [email protected]
Attorneys for Plaintiffs
SAN FRANCISCO BAYKEEPER and
WEST COUNTY TOXICS COALITION
Erica A. Maharg (Bar No. 279396)
Nicole C. Sasaki (Bar No. 298736)
SAN FRANCISCO BAYKEEPER
1736 Franklin Street, Suite 800
Oakland, California 94612
Telephone: (510) 735-9700
Facsimile: (510) 735-9160
Email: [email protected]
Email: [email protected]
Attorneys for Plaintiff
SAN FRANCISCO BAYKEEPER
Additional Counsel on Following Page
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO BAYKEEPER, a non-profit
corporation, and WEST COUNTY TOXICS
COALITION, a non-profit organization,
Plaintiffs,
v.
CITY OF RICHMOND, a municipal corporation,
Defendant.
Civil Case No. 3:05-cv-03829 MMC
SETTLEMENT AGREEMENT
Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 7 of 126
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DOWNEY BRAND LLP
NICOLE E. GRANQUIST (Bar No. 199017)
PATRICK F. VEASY (Bar No. 301456)
621 Capitol Mall, 18th Floor
Sacramento, CA 95814-4731
Telephone: 916.444.1000
Facsimile: 916.444.2100
[email protected]
[email protected]
Attorneys for Defendant
CITY OF RICHMOND
Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 8 of 126
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2018 SETTLEMENT AGREEMENT
This Settlement Agreement (hereinafter, “2018 Settlement Agreement”) entered into by Plaintiffs San Francisco Baykeeper and West County Toxics Coalition (“Plaintiffs”) and Defendant City of Richmond (“Richmond”) (collectively, the “Parties”), supersedes and replaces all prior settlement agreements or amendments to settlement agreements in this action. The 2018 Settlement Agreement is entered into by the Parties with respect to the following facts, objectives, and commitments:
WHEREAS , Plaintiffs are non-profit corporations dedicated to, among other things, the protection and enhancement of the water quality of the San Francisco Bay-Delta Estuary and to protect the communities of West Contra Costa County against toxic threats in the area; WHEREAS , Richmond owns a publicly-owned treatment works, which includes a treatment works and sanitary sewer collection system that collects, treats, and discharges wastewater generated by residential, commercial, and industrial sources, pursuant to California Regional Water Quality Control Board, San Francisco Bay Region, (“Regional Board”) Order No. R2-2013-0016, National Pollutant Discharge Elimination System (“NPDES”) Permit No. CA0038539 (the “2013 Joint Permit”).
WHEREAS , on October 17, 2006, the Parties entered into a settlement agreement to informally resolve specified claims in Baykeeper and West County Toxics Coalition v. City of Richmond, West County Wastewater District, Veolia North America Operating Services, and West County Agency , United States District Court for the Northern District of California, Civil Case No. 05- 03829 MMC (hereinafter, the “2006 Settlement Agreement”); WHEREAS , on October 16, 2017, Plaintiffs filed with the Court a Motion for an Order Finding Richmond in Civil Contempt of Court (“Motion”), alleging violations of the 2006 Settlement Agreement;
NOW, THEREFORE , in, consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, Plaintiffs and Richmond hereby agree as follows:
Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 9 of 126
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I. GENERAL OBJECTIVES
1. ! The objectives of this 2018 Settlement Agreement are:
a. ! To ensure that Richmond continues to improve efforts to comply with the Federal Water Pollution Control Act, 33 U.S.C. § 1251, et seq . (“Clean Water Act” or “CWA”); b. ! To ensure that Richmond continues to use, implement, and improve ways, means, and methods to prevent or reduce sanitary sewer overflows (“SSOs”); and c. ! To further the goals and objectives of the CWA.
II. ! DEFINITIONS
2. ! Unless otherwise expressly defined herein, terms used in this 2018 Settlement Agreement, which are defined in the CWA or in regulations or rules promulgated under the CWA, have the meaning assigned to them in the applicable statutes, regulations, or rules. Whenever terms listed below are used in this 2018 Settlement Agreement, the following definitions apply:
a. ! “FOG” means fats, oil, and grease.
b. ! “2018 Settlement Agreement” means this Settlement Agreement and any attachments or documents incorporated by reference into this 2018 Settlement Agreement. c. ! “Collection System” means the sewer pipes and lines, manholes or maintenance holes, pump stations, and all appurtenances thereto under ownership of Richmond Municipal Sewer District No. 1 that are used to convey wastewater generated by residential, commercial, and industrial sources to the Richmond Wastewater Treatment Plant. Richmond’s Collection System is currently operated and maintained under contract by Veolia Water West Operating Services (“Veolia”). d. ! “Sewer line segment” means any section of publicly owned sewer line or pipe located between: (1) two manholes/maintenance holes; (2) a pump station and a manhole/maintenance hole; (3) a pump station or a manhole/maintenance hole and a headworks structure; or (4) a sewer line or pipe otherwise identifiable as a discrete section.
e. ! “Day” means a calendar day. In computing any period of time under this 2018 Settlement Agreement, where the last day of such period is a Saturday, Sunday, or Federal or State Holiday, the period runs until the close of business on the next day that is not a Saturday, Sunday, or Federal or State Holiday.
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f. ! “Design Storm” means the 10-year, 24-hour storm event occurring across the entire area served by Richmond’s collection system with wet antecedent soil conditions. g. ! “Sanitary Sewer Overflows,” “overflow,” or “SSO” has the same meaning as that term is defined in Section A.1. of the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, State Water Resources Control Board Order No. 2006-0003 (hereinafter the “SSO General WDR”), or any amendment thereto, and which currently means: “any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system. SSOs include (i) overflows or releases of untreated or partially treated wastewater that reach waters of the United States; (ii) overflows or releases of untreated or partially treated wastewater that do not reach waters of the United States; and (iii) wastewater backups into buildings and on private property that are caused by blockages or flow conditions within the publicly owned portion of a sanitary sewer system.” For purposes of this definition, the term “waters of the United States” has the meaning as set forth in 40 C.F.R. section 122.2.
h. ! “2013 Joint Permit” means NPDES Permit No. CA0038539, Order No. R2-2013-0016, as presently constituted and/or as subsequently revised or renewed. i. ! “Inflow” means wastewater or water that may enter a collection system through unpermitted connections, drains, or manholes.
j. ! “Infiltration” means groundwater, rainwater, or other surface water that may enter a collection system through its pipes, joints, or cracks. k. ! “System Evaluation and Capacity Assurance Plan” or “SECAP” means one or more documents or databases containing the information required by Section VIII of this 2018 Settlement Agreement.
III. ! JURISDICTION AND VENUE
3. ! This Court has jurisdiction over the subject matter of the claims asserted by Plaintiffs pursuant to CWA section 505(a), 33 U.S.C. § 1365(a), and 28 U.S.C. §§ 1331, 1355, and 1367. Venue is proper in this judicial district pursuant to CWA sections 309(b), 505(c), 33 U.S.C. §§ 1319(b), 1365(c), and 28 U.S.C. §§ 1391(b) and (c). The Parties waive all objections that they may have to the Court’s jurisdiction to enter and enforce this 2018 Settlement Agreement.
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IV. ! EFFECT OF 2018 SETTLEMENT AGREEMENT
4. ! Plaintiffs do not, by their consent to this 2018 Settlement Agreement, warrant or aver in any manner that Richmond’s compliance with this 2018 Settlement Agreement will constitute or result in compliance with any Federal or State law or regulation. Nothing in this 2018 Settlement Agreement shall be construed to affect or limit in any way the obligation of Richmond to comply with all Federal, State and local laws and regulations governing any activity required by this 2018 Settlement Agreement.
5. ! Neither this 2018 Settlement Agreement, nor any payment pursuant to the 2018 Settlement Agreement, shall constitute evidence or be construed as a finding, adjudication, or acknowledgement of any fact, law, or liability, nor shall it be construed as an admission of violation of any law, rule, regulation, permit, or administrative order by Richmond. However, this 2018 Settlement Agreement and/or any payment pursuant to the 2018 Settlement Agreement may constitute evidence in actions seeking to enforce compliance with this 2018 Settlement Agreement. Richmond maintains and reserves all defenses it may have to any alleged violations that may be raised in the future.
V. ! APPLICABILITY
6. ! This 2018 Settlement Agreement addresses all violations alleged by the Plaintiffs in their Motion.
7. ! The Parties certify that their undersigned representatives are fully authorized to enter into this 2018 Settlement Agreement, to execute it on behalf of the Parties, and to legally bind the Parties to its terms.
8. ! The Parties, including any successors or assigns, agree to be bound by this 2018 Settlement Agreement and not to contest its validity in any subsequent proceeding to implement and enforce its terms. No change in ownership or corporate or other legal status of Richmond or any transfer of Richmond’s assets or liabilities shall in any way alter the responsibilities of Richmond or any of its successors or assigns thereof, under this 2018 Settlement Agreement.
VI. ! EFFECTIVE DATE AND TERMINATION DATE
9. ! Effective Date : The Effective Date of this 2018 Settlement Agreement shall be the date of the Order entering the Stipulated Request for Entry of Settlement Agreement described in Section XX of Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 12 of 126
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this 2018 Settlement Agreement.
10.! Term of 2018 Settlement Agreement : This 2018 Settlement Agreement shall continue in effect until July 15, 2028 (the “Term”) at which time, the 2018 Settlement Agreement, and all obligations under it, shall automatically terminate, unless one of the Parties has invoked Dispute Resolution in accordance with Section XVI of the 2018 Settlement Agreement.
VII. ! SSO STANDARDS
11.! Richmond shall meet the following SSO Reduction Performance Goals each calendar year:
Calendar Year Maximum Number of
SSOs per 100 Miles of
Sewer Line/Year
2018 20
2019 15
2020 13
2021 11
2022 10
2023 9
2024 8
2025 7
2026 5
2027 5
12.! Richmond shall eliminate capacity-related SSOs from the Collection System, except SSOs caused by storm events exceeding the Design Storm, in accordance with the following schedule:
a. ! Richmond shall eliminate capacity-related SSOs from areas of Richmond’s Collection System addressed by the projects listed in Paragraph 20 below, as depicted on Attachment F, on or before July 15, 2024, except such SSOs caused by storm events exceeding the Design Storm. b. ! Richmond shall further eliminate all capacity-related SSOs from Richmond’s Collection system on or before July 15, 2026, except such SSOs caused by storm events exceeding the Design Storm.
c. ! If Richmond identifies additional capital projects required to eliminate capacity-related SSOs in the SECAP described in Paragraph 17 below, the Parties shall meet and confer to negotiate a revised schedule to ensure capacity-related SSOs are eliminated during the term of this 2018 Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 13 of 126 (27)
(24)
(20)
(18)
(16)
(15)
(13)
(9)
(9)
(37)
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Settlement Agreement. Disputes as to the engineering feasibility of any proposed schedule for implementation of those additional capacity projects shall be subject to the Dispute Resolution provisions in Section XVI below.
13.! Richmond shall have no more than two (2) SSOs from any two of the same sewer line segments or manhole/maintenance holes within any calendar year after December 31, 2024.
14.! The standards required by Paragraphs 11-13, above, are collectively referred to as “SSO Standards.”
15.! For purposes of determining compliance with the SSO Reduction Performance Goals, the maximum number of SSOs per 100 miles of sewer line per calendar year can be averaged over the entire Collection System, and SSOs caused by storm events exceeding the Design Storm shall not be counted.
16.! For purposes of initially calculating the SSO Reduction Performance Goals, the Parties assume Richmond currently has 197 miles of sewer line in its Collection System. For purposes of calculating the SSO Reduction Performance Goals, the total allowable SSOs for the year shall be rounded using standard rounding as follows: 16.1 through 16.4 is considered 16, and 16.5 through 16.9 is considered
17. For example, for the year 2027, using the current sewer line mileage of 197 for Richmond, Richmond would be allowed 10 SSOs [(1.97 x 5 = 9.85) (9.85 => 10)].
VIII. ! CAPACITY-RELATED ANALYSIS AND CAPITAL IMPROVEMENTS
17.! Within ninety (90) days of obtaining the data from the Flow Monitoring Program described in paragraph 17.a. herein, but in any case no later than July 15, 2019, Richmond shall complete an updated System Evaluation and Capacity Assurance Plan (“Revised SECAP”), in accordance with the following requirements:
a. ! The Revised SECAP shall use flow monitoring data collected by Richmond during its Flow Monitoring Program. The Flow Monitoring Program shall collect data on a system-wide basis, so as to allow for analysis in the Revised SECAP of the impact of tidal inflow, dry-weather groundwater infiltration, and rain induced inflow and infiltration in the Collection System. Subject to the conditions set forth below, the Flow Monitoring Program shall also include data collection sufficient to analyze the hydraulic capacity of Richmond’s Collection System in the locations of capacity-related Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 14 of 126
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improvement projects contained, but not yet completed, in the 2011 Master Plan, as described in Paragraph 20 of this 2018 Settlement Agreement, including the projected impact of those completed capacity improvement projects. The Flow Monitoring Program shall consist of two separate actions.
First, by December 1, 2018, provided rainfall has occurred in the thirty (30) days prior to December 1, 2018, Richmond shall install temporary flow meters in the Collection System, as needed, to provide sufficient data to perform a hydraulic analysis that: (1) identifies all capacity deficiencies in the Collection System, including locations predicted by the hydraulic model to result in SSOs during the Design Storm, and (2) assesses the projected impacts on the hydraulic capacity of the Collection System from the completed capacity improvement projects from the 2011 Master Plan identified in Paragraph 20 below, tidal inflow, dry-weather groundwater infiltration, and rain induced inflow and infiltration on the Collection System. The data collected during the Flow Monitoring Program shall be used to update, calibrate, and validate Richmond’s current hydraulic model. If no rainfall has occurred in the thirty (30) days prior to December 1, 2018, Richmond shall instead install temporary flow meters in the Collection System after rainfall of one (1) inch or more has occurred in a 24-hour period.
Once installed, the temporary flow meters will remain installed through March 31, 2019. Second, when the following condition is present between December 1, 2022 and March 31, 2023 or December 1, 2023 and March 31, 2024, Richmond will install temporary flow meters for a second time to obtain flow data for the 2024 SECAP described below: rainfall has occurred in the thirty (30) days prior to December 1, 2022 or December 1, 2023; or if no rainfall has occurred in the thirty (30) days prior to December 1, 2022 or December 1, 2023, rainfall of one (1) inch or more has occurred in a 24-hour period.
b. ! The Revised SECAP shall identify all measures needed to attain the capacity necessary to convey the Design Storm without capacity-related SSOs in Richmond’s Collection System. The Revised SECAP shall evaluate whether the MacDonald and Virginia, 1st Street Phase 1, and 1st Street Phase 2 projects described in Paragraph 20 herein (“Reevaluated Projects”), which were identified in the 2011 Master Plan, remain priority capacity projects or whether other projects identified while developing the Revised SECAP are higher priority. A higher priority project is determined by the reduction in the number of capacity-related SSOs the project is expected to result in, as reflected by Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 15 of 126