Richmond City Council
February 1, 2022

MEETING

RICHMOND CITY COUNCIL
(Meetings are virtual)

Tuesday, February 1, 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
Link to City Council Agendas/Packets
http://www.ci.richmond.ca.us/4157/City-ofRichmond-Council-Meetings Register to receive notification of new agendas, etc.
http://www.ci.richmond.ca.us/list.aspx

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:

Address the City Council on matters not listed on the agenda, items remaining on the consent calendar, reports from the city manager, public works director, sub-committee for reimagining task force, and police chief 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 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.

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 February 1, 2022 - 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) Hernandez v. Hodges•
SPRAWLDEF et al. v. City of Richmond•
The Guidiville Rancheria of California, et al. v. The United States of America, et. al.
•
North Coast Rivers Alliance et al./Point Molate Alliance et al. v.

City of Richmond
•
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) Three Cases•
In light of the California Court of Appeal's decision in Fowler v. City of Lafayette, the City Attorney's Office is attaching to this agenda four communications regarding the amended
judgment and various agreements related to Point Molate.

These letters provide the existing facts and circumstances for going into closed session on these items pursuant to
California Government Code Section 54956.9(d)(2) and
(e)(3).

C.3. CONFERENCE WITH LEGAL COUNSEL - ANTICPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
One case - Veolia Mediation•
C.4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
Title: City Manager•
D. PUBLIC COMMENT BEFORE CLOSED SESSION
E. ADJOURN TO CLOSED SESSION
________________________________________________________

F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
February 1, 2022 - 6:30 p.m.

G. ROLL CALL
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
I. STATEMENT OF CONFLICT OF INTEREST
J. AGENDA REVIEW
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
M. ABATEMENT REPORT FROM THE PUBLIC WORKS DIRECTOR (public comment allowed under Open Forum)
N. OPEN FORUM FOR PUBLIC COMMENT
O. CITY COUNCIL CONSENT CALENDAR
O.1. City Clerk's Office
O.1.a. Minutes of the Regular December 21, 2022, City Council Meeting
11 APPROVE the minutes of the December 21, 2022, Regular City Council Meeting - City Clerk's Office (Pamela Christian 510- 620-6513).

O.2. Community Development
O.2.a. Amendments to Richmond Municipal Code (RMC) Article

15.04.615 (PLN21-427)
20 ADOPT an ordinance (second 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).

O.3. Economic Development
O.3.a. City-Wide Community Benefits Policy (Ordinance) 74 ADOPT an ordinance (second reading) for a city-wide
community benefits policy – City Manager’s Office (Shasa Curl 510-620-6512).

O.4. Finance Department
O.4.a. Investment and Cash Balance Report for the Month of December 2021
83 RECEIVE the City’s Investment and Cash Balance Report for the month of December 2021 – Finance Department (Belinda Brown 510-620-6740).

O.5. Human Resources
O.5.a. Resolution amending the salary schedule for Police Chief, City Clerk, and Director of Information Technology Classifications 95 ADOPT a resolution amending the City’s salary schedule to revise the salary ranges for City Clerk, Director of Information Technology, and Police Chief – Human Resources Department (Anil Comelo/Sharrone Taylor 510-620-6600).

O.6. Mayor's Office
O.6.a. Black History Month – February 2022 102
PROCLAMATION declaring February 2022 as Black History
Month in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620-6503).

O.7. Police Department
O.7.a. Proposed 2-year sole-source contract with T2 Systems (referred to as “T2”) to provide citation services, collection services support, and data transfer to California Department of Motor Vehicles.
107
APPROVE a 2-year sole source contract with T2 Systems for an amount not to exceed $50,000, for the period January 1, 2021, to December 31, 2022 – Police Department (Louie Tirona 510-621-1802).

O.8. Public Works
O.8.a. Resolution to Accept and Appropriate Hellman Foundation Grant Funds to Purchase Maintenance Equipment to Support the City of Richmond Parks Maintenance
223
APPROVE a resolution to ACCEPT and APPROPRIATE grant
funds in the amount of $264,000 from Hellman Foundation to purchase maintenance equipment to support City of Richmond Parks and Landscape Maintenance Division – Public Works Department (Joe Leach 510-620-5478).

P. PUBLIC HEARINGS
P.1. Redistricting Public Hearing 230
HOLD THE FOURTH PUBLIC HEARING AT 7:00 P.M. to receive public input on draft maps of voting district boundaries as part of the City’s redistricting process; SELECT a map to establish district boundaries; and determine election sequence – City Clerk’s Office (Pamela Christian 510- 620-6513).

P.2. Appeal of Planning Commission’s approval of a conditional use permit and design review (PLN20-043)
279
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 RL1 zoning district and -S, Shoreline overlay district at 357 Western Drive – Community Development Department (Lina Velasco 510-620-6706). This item was continued from the December 7, 2021, January 11, 2022, and January 18, 2022 meetings. The public hearing is closed on this item; for council discussion and resolution only.

Q. NEW BUSINESS
Q.1. Potential Formation of a Community Facilities District for Point Molate 329 RECEIVE information and quantitative analysis regarding the potential formation of a Community Facilities District for the Point Molate development project; and after deliberation, CONSIDER providing any policy direction, as needed, regarding formation of a Community Facilities District for the Point Molate development project – – Finance Department (Belinda Brown 510-620-6740). This item was continued from the January 25, 2022, meeting.

Q.2. Approval of the Juneteenth Freedom Mural Project and Resolution of Intent to Rename
381
APPROVE the Juneteenth Freedom Mural Project at the South 37th Street Underpass; ADOPT a Resolution of Intention to rename the South 37th Street Underpass to Juneteenth Freedom Underpass; and SCHEDULE a Public Hearing for February 15, 2022 – Library and Community Services Department (LaShonda White/Ranjana
Maharaj/Stephanie Ny 510-620-6523).

R. BUDGET SESSION
R.1. Final Adjustments to Fiscal Year 2020-2021 Budget 425 RECEIVE an update on the Fiscal Year 2020-2021 budget – City Manager’s Office/Finance Department (Shasa Curl/Anil Comelo/Belinda Brown/Antonio Banuelos 510-620-6740).

R.2. City of Richmond Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2021
429
RECEIVE a report on the City’s Annual Comprehensive Financial Report (ACFR) for Fiscal Year 2020-2021 – Finance Department (Belinda Brown/Delmy Cuellar 510-620-6740).

R.3. Gross Receipts Business Tax Measure U Fiscal Impact Estimates 771 RECEIVE an update on Measure U Fiscal Estimates – Finance Department (Anil Comelo 510-620-6600/Belinda Brown 510-620- 6740/Antonio Banuelos 510-620-6741).

S. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
T. ADJOURNMENT

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RICHMOND, CALIFORNIA, December 21, 2021
The Richmond City Council Evening Open Session was
called to order at 5:00 p.m. by Mayor Thomas K. Butt via teleconference.

Due to the coronavirus (COVID-19) pandemic, Contra
Costa County and Governor Gavin Newsom issued multiple orders requiring sheltering in place, social distancing, and reduction of person-to-person contact. Accordingly, Governor Gavin Newsom issued executive orders that allowed cities to hold public meetings via teleconferencing (Executive Order N-29-20). ss

DUE TO THE SHELTER IN PLACE ORDERS, attendance
at the City of Richmond City Council meeting was limited to councilmembers, essential City of Richmond staff, and members of the news media. Public comment was confined to items appearing on the agenda and was limited to the methods provided below.

Consistent with Executive Order N-29-20, this meeting utilized teleconferencing only. The following provides information on how the public participated in the meeting.

The public was able to view the meeting from home on KCRT Comcast Channel 28 or AT&T Uverse Channel 99 and livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live and http://www.youtube.com/user/KCRTTV.

The methods to submit public comment were via mail,
email to [email protected], teleconference, and telephone during the meeting. Written comments received by 1:00 p.m. on December 21, 2021, were put into the record and considered before council action. Written comments received after 1:00 p.m. and up until the public comment period on the relevant agenda item closed, were also put into the record. Attached herewith all written public comments received.

ROLL CALL

Present: Councilmembers Nathaniel Bates, Claudia
Jimenez, Eduardo Martinez, Gayle McLaughlin, Melvin Willis, and Mayor Thomas K. Butt. Absent: Vice Mayor Demnlus Johnson III arrived after roll was called.

CITY COUNCIL

CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9):

Ferreira-Dias v. City of Richmond
Richard Katz et al. v. City of Richmond
City of Richmond v. Thomas K. Butt

Mayor Butt had Conflict of Interest regarding the matter of Richard Katz et al v. City of Richmond and City of Richmond v.

Thomas K. Butt.

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CONFERENCE WITH LABOR NEGOTIATORS (Government
Code Section 54957.6):

Unrepresented employee: Interim City Attorney
Agency Representative: Interim City Manager and Interim Chief Assistant City Attorney

PUBLIC COMMENT BEFORE CLOSED SESSION

Gregory Everetts stated that Measure U should be
implemented.

The Open Session adjourned to Closed Session at 5:03 p.m.

Closed Session adjourned at 6:44 p.m.

The Regular Meeting of the Richmond City Council was
called to order at 6:59 p.m. by Mayor Butt via teleconference.

ROLL CALL

Present: Councilmembers Claudia Jimenez, Eduardo
Martinez, Gayle McLaughlin, Melvin Willis, Vice Mayor Demnlus Johnson III, and Mayor Thomas K. Butt. Absent: Councilmember Nat Bates arrived during Agenda Review.

STATEMENT OF CONFLICT OF INTEREST

None.

AGENDA REVIEW

Items K-3 and K-4 were moved to be heard before Items
K-1 and K-2. City Clerk Pamela Christian stated that Item K-3 would be placed under Ordinances. Mayor Butt stated Item K-3 would be split to remove and continue the Measure U matter to a city council meeting in January 2022. A motion made by Councilmember Jimenez, seconded by Councilmember
McLaughlin to overrule Mayor Butt, failed by the following vote:

Ayes: Councilmembers Jimenez, Martinez, and McLaughlin. Noes:

Councilmember Bates and Mayor Butt. Absent: Councilmember Willis. Abstain: Vice Mayor Johnson III. Item K-2 was moved to be heard directly after Open Forum. Item K-4 was moved for discussion after Item K-2. Items J-12, J-13,
J-24, and J-28 were removed from the Consent Calendar to be heard at the end of the agenda. Item L-1 was continued to the January 11, 2022, City Council meeting.

REPORT FROM THE CITY ATTORNEY ON FINAL

DECISIONS MADE DURING CLOSED SESSION

Assistant City Attorney Heather McLaughlin stated there were no final actions to report.

REPORT FROM THE CITY MANAGER

Interim City Manager Shasa Curl thanked the Richmond
Police and Fire Departments for the recent toy giveaway event.

F-1. The matter to introduce the City Council and the
Public to the new agenda design format was presented by City Clerk Pamela Christian, which highlighted the following: Increase participation, transparency and Improve Organizational Efficiency;

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Agendas published in PDF and HTML formats; Resolutions and Ordinances categories removed; New Business category added; and Consent Calendar Items organized by department. The new agenda system would begin with the January 11, 2022, City Council meeting.

REPORT FROM IMPLEMENTATION SUB-COMMITTEE

FOR REIMAGINING TASK FORCE (PUBLIC COMMENTS

ALLOWED UNDER OPEN FORUM)

Luis Chacon, subcommittee chairperson provided a report, which highlighted the following: Community Conversations; Unhoused Interventions; Community Crisis Response; Office of Neighborhood Safety; and YouthWORKS. Discussion ensued. The sub-committee would further discuss the issue regarding police dog bite incidents..

OPEN FORUM FOR PUBLIC COMMENT

The following individuals gave the following comments via teleconference:

Gary Bragg gave comments regarding implementation of
Measure U that would make businesses relocate out of Richmond due to increased fees.

Tarnel Abbott gave comments regarding the Greek Chorus
and its role in the community.

Oscar Garcia gave comments regarding the deplorable
conditions of the Castro Street encampment.

Carla Perez requested that the Reimagining Task Force
Subcommittee provide a report on the number of people attend a their meetings.

Jessi Taran stated that HCEB needed to be audited and funds should be allocated to assist unhoused individuals.

Debra Small gave comments regarding systemic racism and racial bias that was being discussed in the Richmond Remaining Task Force Subcommittee.

Kate Spaulding requested the reissuance of a rental permit for the film group, Magic Lantern, for the use of the Point Richmond Community Center.

Debra Bayer spoke in support of implementation of
Measure U.

Marisol Cantu gave comments regarding the Richmond
Police Canine Unit and its lack of reporting use of force incidents.

Emily Ross gave comments regarding Measure U and the
need to reach out and receive more input from the business community.

Naomi Williams stated the SOS organization has not made good use of the funds given to them to assist the unhoused community.

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Jamin Pursell spoke in support of the Reimagining Task
Force and thanked them for their hard work.

Arto Rentila requested the status of a public records request he made to several city councilmembers regarding the Reimagining Task Force Committee.

Councilmember Bates stated there should be an audit on the organization SOS and where the funds were allocated.

Councilmember Bates also stated that the city must be respectful and considerate of the businesses that may move out of Richmond due to implementation of Measure U.

Councilmember Willis stated that he responded and
provided data in reference to a public records request regarding the Reimagining Richmond Task Force made by Arto Rentila.

SUCCESSOR AGENCY TO THE RICHMOND

COMMUNITY REDEVELOPMENT AGENCY CONSENT

CALENDAR

I-1. A motion by Councilmember Martinez, seconded by
Vice Mayor Johnson III, adopted Resolution No. 21-1, by the unanimous vote of the city council, approving the Successor Agency to the Richmond Community Redevelopment Agency's Recognized Obligation Payment Schedule and an administrative budget for the period July 1, 2022, through June 30, 2023 ("ROPS 22-23") pursuant to California Health and Safety Code Sections 34177(o) and 34171(a),(b), and 34177(j), respectively.

CITY COUNCIL CONSENT CALENDAR

On motion of Councilmember Martinez, seconded by Vice
Mayor Johnson III, the items marked with an (*) were approved by the unanimous vote of the City Council.

*J-1 Approved the Fiscal Year 2022-2023 Environmental and Community Investment Agreement (ECIA) competitive grant program annual allocation of $375,000; and authorized the release of the Request for Application and Guidelines.

*J-2. Acknowledged the proposed January 1, 2022, release of the Richmond Fund for Children and Youth Fiscal Year 2022- 23 Request for Proposals to support a competitive grant process to fund youth-serving organizations.

*J-3. Approved a contract with Net Electric, Inc. to
develop and provide courses in electric vehicle charging system installation and maintenance for the residential and light commercial areas, for the RichmondBUILD Academy participants.

The contract term will be December 21, 2021, through March 31, 2024, for a total contract amount not to exceed $30,000.

*J-4. Approved an amendment to the contract with the
National Association of Training and Environmental Consulting (NATEC) International, Inc. to provide additional hazardous materials training classes as part of the RichmondBUILD pre- apprenticeship training program. The contract term will be extended through June 30, 2023, and the amount will be increased by $15,000, for a total contract amount not to exceed $86,738.

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*J-5. Approved a second amendment to extend the
agreement with Contra Costa County Health Services to continue the COVID-19 Vaccine and Testing Center at the Richmond Convention Center, 403 Civic Center Plaza, until June 30, 2022, and waive fees associated with the second amendment.

*J-6. Approved a lease agreement amendment with
Alcatraz Cruise, LLC., in Basin 4, at Point Potrero Marine Terminal, increasing the annual base rent amount by $120,000, for a new total annual base rent amount of $180,000, and a five-year term, with two (2) five-year extensions.

*J-7. Authorized the city manager to execute a standard agreement with San Francisco Bay Conservation and Development Commission (BCDC), in an amount not to exceed $30,000, to process and act on amendments to the San Francisco Bay Plan (Bay Plan), and allow for an overall update to the San Francisco Bay Area Seaport Plan (Seaport Plan), for a term beginning November 16, 2021, and ending June 30, 2022

*J-8. Adopted Resolution No. 150-21, approving the
Memorandum of Agreement between the Contra Costa County Sherriff's Office and the City of Richmond for the distribution of Fiscal Year 2019-2020 Emergency Management Performance
Grant (EMPG) funds.

*J-9. Adopted Resolution No. 151-21, approving the
Memorandum of Agreement between the Contra Costa County Sherriff's Office and the City of Richmond for the distribution of Fiscal Year 2020-2021 Emergency Management Performance
Grant (EMPG) funds.

*J-10. Received the City's Investment and Cash Balance Report for the month of October 2021.

*J-11. Adopted Resolution No.152-21, approving a
successor collective bargaining agreement between the City of Richmond and the Part-Time & Intermittent Employee Bargaining Unit represented by SEIU Local 1021; and DIRECT the city manager or designee to update the publicly available salary schedule with the adopted wage increases during the term of the collective bargaining agreement.

J-12. Continued to the January 11, 2022, City Council
meeting, the matter to approve a first amendment to an existing legal services agreement with Ellis Investigations, L.C., to conduct personnel investigations for the City in the amount of $90,000, for a total contract amount of $100,000, for a term of December 21, 2021, through June 30, 2023.

J-13. Continued to the January 11, 2022, City Council
meeting, the matter to adopt a resolution of the City Council authorizing the City to enter into legal services agreements with law firms to provide municipal law advice and to represent the City and related entities in litigation on an as-needed basis, for an amount not to exceed $350,000 per firm, for three years, beginning on January 1, 2022, through June 30, 2025, with an option to extend the agreements for two years.

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*J-14. Approved a contract amendment with Dunnigan
Psychological Assessments to increase the payment limit from $9,500, to an amount not to exceed $75,000, over three years, with a start date of July 1, 2021, and end date of June 30, 2024.

*J-15. Approved a two-year contract with OutsourceIt,
Inc. and ISterling, Inc. with a two-year option to extend, to provide services related to Residential Rental Inspection Program (RRIP), in an amount not to exceed $1,000,000 per vendor, to be paid for by fees collected from landlords.

*J-16. Approved a contract with Hatchuel Tabernik &
Associates (HTA) for $15,000, with an option to increase to $30,000, to provide grant writing services to support the Community Development, Housing Division in preparing
applications for homelessness services and encampment resolution funding, for a term not to exceed December 31, 2022.

*J-17. Adopted Resolution No. 153-21, requiring the
continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361.

*J-18. Approved the minutes of the regular October 26, November 2, November 16, and special November 9, 2021, City Council meetings.

*J-19. Adopted Ordinance No. 16-21, amending Chapter

9.20 of the Richmond Municipal Code entitled "Solid Wastes" in order to be compliant with State Law Senate Bill (SB) 1383 Short- Lived Climate Pollutants.

*J-20. Approved a contract with Pro-Cal Lighting Inc. for City Auditorium Main Lighting System Improvements, located at 403 Civic Center Plaza, Richmond, in an amount not to exceed $500,000 including $464,390 low bid plus contingency; and re- appropriate $214,750 from the current Shields Reid Community Center HVAC Improvements project allocation (proceeds from the Chevron Settlement Community Benefits Agreement Funds) of $342,000 to make up the total Auditorium Lighting Improvements project cost of $500,000.

*J-21. Adopted Resolution No.154-21, amending the
construction contract with Ghilotti Bros., Inc., for construction of portions of Phase I of the Richmond Wellness Trail Project, in the amount of $700,000, for a total contract amount not to exceed $1,000,000.

*J-22. Approved purchase of five FlashCAM-880 SX
Systems with Q-Star Technology to deter vandalism and illegal dumping, using the GSA contract No. GS-07F-0355U, in an amount not to exceed $39,828.

*J-23. Adopted Resolution No. 155-21, authorizing a
contract amendment with Shaw Sports Turf to perform drainage improvements at Martin Luther King, Jr. Field, for an amount not to exceed $150,000; and appropriated $150,000 of American Rescue Plan Act (ARPA) funds.

J-24. Continued to the January 11, 2022, City Council
meeting, the matter to approve contract amendment no. 1 with Downey Brand law firm in the amount of $255,000, for an additional two years, ending December 31, 2024, for the legal

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review of the requirements as predetermined in the existing Baykeeper Settlement Agreement and to represent the City in any future settlement agreement discussions. The total contact will not exceed $510,000 without prior City Council approval.

*J-25. Adopted Resolution No. 156-21, to amend the
current Position Control List for Public Works Department, Water Resource Recovery Division to add one (1) additional
Environmental Compliance Inspector position.

*J-26. Approved a proclamation honoring the life and
service of Pastor Kellis B. Love, Sr.

*J-27. Approved an appointment to the Richmond Youth
Council: Gabrielle Stevenson, new appointment, seat #5, term expiration date October 1, 2022.

J-28. Continued to the January 11, 2022, City Council
meeting, the matter to approve a legal services agreement with Edrington, Schirmer & Murphy LLP in the amount of $100,000, a first amendment to add $75,000 with Manning & Kass, Ellrod, Ramirez & Trester, LLP, a first amendment to add $75,000 with Colantuono Highsmith & Whatley, P.C., a second amendment to add $125,000 with Orbach Huff & Henderson LLP, a second amendment to add $125,000 with McNamara, Ney, Beatty,
Slattery, Borges & Ambacher, LLP, a second amendment to add $50,000 with Best, Best & Krieger, LLP and a third amendment to add $210,000 with Allen, Glaessner, Hazelwood & Werth, LLP to represent the City of Richmond in pending municipal law litigation in state and federal court.

*J-29. Received a written report on current initiatives and next steps in the development of the "I Heart Richmond" campaign to support clean-up efforts related to the built environment and environmental quality.

RESOLUTIONS

K-1. The matter to adopt a resolution approving the
temporary appointment of CalPERS retired annuitant Bruce Soublet, in an amount not to exceed $94,916 was presented by Interim Deputy City Manager, Anil Comelo. A motion by
Councilmember Martinez, seconded by Councilmember Willis, adopted Resolution 157-21, by the following vote: Ayes:

Councilmembers Bates, Jimenez, Martinez, McLaughlin, Willis, and Vice Mayor Johnson III. Noes: Mayor Butt. Absent: None.

Abstain: None.

K-2. The matter to adopt a resolution to accept and
appropriate a $750,000 Priority Development Area (PDA) grant from the Metropolitan Transportation Commission (MTC); and approve a contract amendment no. 1 with Environmental Science Associates (ESA) in the amount of $850,000, not to exceed a total amount of $1,450,000, through December 31, 2023, to assist the City in preparing the Hilltop Specific Plan - Community Development Department was presented by Planning Director, Lina Velasco that highlighted the following: Mall Redevelopment Opportunity; Planning Process; Funding Opportunities; and Project Team. Discussion ensued. A motion by Councilmember
McLaughlin, seconded by Councilmember Willis, adopted
Resolution 158-21, by the following vote: Ayes: Councilmembers

17181335054,,,cc21Dec2021 - DRAFT

ud/prc
Bates, Jimenez, Martinez, McLaughlin, Willis, and Mayor Butt.

Noes: None. Absent: Vice Mayor Johnson III. Abstain: None.

K-3. The matter to adopt an ordinance allowing landlords with four or less residential units to credit their paid Rent Board fees against their gross receipts tax obligation was presented by Interim Deputy City Manager Anil Comelo. Discussion ensued.

Lisa Cody gave comments via teleconference. A motion by Councilmember McLaughlin, seconded by Councilmember Willis, adopted Resolution No. 159-21, by the following vote: Ayes:

Councilmembers Jimenez, Martinez, McLaughlin, Willis, Vice Mayor Johnson III, and Mayor Butt. Noes: Councilmember Bates.

Absent: None. Abstain: None.

K-4. The matter to adopt a resolution in support of an independent Community Advisory Committee (CAC) of housed and unhoused residents, along with community leaders; and approve and appropriate $50,000 of flex funds for repair, preparation for transfer or removal, registration, storage and towing for Recreational Vehicles and vehicles, and for temporary storage of personal belongings, to assist in relocation at Rydin and Castro was presented by Councilmembers McLaughlin and
Martinez. Discussion ensued. Interim City Manager, Shasa Curl, suggested that R3S act as fiscal sponsor and assist with the allocation of funds. Staff would proceed with the initial direction and return to a city council meeting in January to present a report on the process of the distribution of funds. The following individuals gave comments via teleconference: Terry Dunn, Jessi Turan, Lea Murray, Brenda Hector, Maeve Bergman, Linda, Deborah, Ramon Quintana, Naomi Williams, Darin Lounds,
Payton Silket, and Amanda Jenkins. Further discussion ensued. A motion was made by Councilmember Jimenez, seconded by
Councilmember McLaughlin to allow time for a study and
homeless road map plan and that the committee that was created at the last city council meeting included the unhoused residents in the discussions as part of the decision-making body. Councilmember McLaughlin made a friendly amendment to include the $50,000 for vehicle needs. The friendly amendment was accepted.

Councilmember Martinez made a friendly amendment that an audit of HCEB was performed by city staff. The friendly amendment was accepted. Councilmember McLaughlin made another friendly amendment that the mayor’s new ad-hoc committee work with city staff and the city attorney’s office to clarify the roles of the two different ad-hoc committees. The friendly amendment was accepted. The motion passed by the following vote: Ayes:

Councilmembers Jimenez, Martinez, McLaughlin, and Willis.

Noes: Councilmember Bates and Mayor Butt. Absent: Vice Mayor Johnson III. Abstain: None.

ORDINANCES

L-1. The matter to consider and introduce, if desired, an ordinance (first reading) amending RMC Chapter 12.30 ("Video Service Provider, Utility and Special District Encroachments") by incorporating Chapter 12.29 ("Street Opening and Pavement Restoration Regulations"); adding provisions to address private landowner encroachments into the unimproved public ROW; retitling Chapter 12.30 as "Encroachments," and rescinding Chapter 12.29 in its entirety was presented by Public Works Director, Joe Leach. The item was continued to a future city council meeting in January 2022 to allow for additional public engagement and participation.

17181335054,,,cc21Dec2021 - DRAFT

ud/prc
(10:56 p.m. - A motion made by Councilmember
Mclaughlin, seconded by Councilmember Jimenez, extended the meeting to only discuss Item M-1, passed by the following vote:

Ayes: Councilmembers Jimenez, McLaughlin, Willis, and Mayor Butt. Noes: Councilmembers Bates and Martinez. Absent: Vice Mayor Abstain: None).

COUNCIL AS A WHOLE

M-1. The matter to approve a legal services agreement
with Aleshire and Wynder for Interim City Attorney Services for six months and 10 days, with an agreement term beginning December 22, 2021, and ending June 30, 2021, for a total amount not to exceed of $380,000; (2) approve a $212,000 appropriation from the General Fund; and (3) appoint Dave Aleshire as Interim City Attorney effective December 23, 2021wss presented by Attorney Heather McLaughlin. A motion by Councilmember Willis, seconded by Vice Mayor Johnson III, approved the agreement by the following vote: Ayes: Councilmembers Jimenez, McLaughlin, Willis, and Mayor Butt. Noes: Councilmembers Bates and Martinez. Absent: Vice Mayor Abstain: None.

M-2. Continued to the January 11, 2022, City Council
meeting, the matter to receive an update from the Richmond Chevron Refinery on the February 9, 2021, oil spill at the Chevron Long Wharf.

M-3. Continued to the January 11, 2022, City Council
meeting, the matter to receive a presentation and report on the City of Richmond's 2021 Community Survey results; and provide direction to staff as appropriate.

REPORTS OF OFFICERS: REFERRALS TO STAFF, AND
GENERAL REPORTS (INCLUDING AB 1234 REPORTS)

None.

ADJOURNMENT

There being no further business, the meeting adjourned at 11:04 p.m., to meet again on Tuesday, January 11, 2022, at 6:30 p.m.

Clerk of the City of Richmond

(SEAL)

Approved:

Mayor

February 1, 2022

Community Development

DATE: February 1, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Lina Velasco, Director of Community Development
James Atencio, Senior Assistant City Attorney

Subject:
(This will appear on the agenda)
Amendments to Richmond Municipal Code (RMC) Article

15.04.615 (PLN21-427)
FINANCIAL IMPACT: There is no direct impact to the General Fund related to adopting this ordinance. However, if approved, this action would settle on-going litigation and could result in cost savings from having to defend the City in the litigation.

PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
January 21, 2020, and February 4, 2020

STATEMENT OF THE
ISSUE:

In February 2020, the City Council adopted Ordinance
No. 05-20 N.S. (“Ordinance”) adding new Article

15.04.615 to the Richmond Municipal Code (“RMC”) to
prohibit new land uses and phase out existing land uses related to the storage and handling of coal and petroleum coke and making conforming amendments to the RMC
for internal consistency. The Ordinance required existing land uses to cease storing and handling coal and
petroleum coke by the end of a three-year amortization
period, with the possibility of an extension. The Levin- Richmond Terminal Corporation, the owner of the sole
known existing facility affected by the Ordinance; Phillips 66 Company; and Wolverine Fuels Sales, LLC (together,
the “Companies”), filed five lawsuits challenging the
Ordinance. As part of a settlement agreement to resolve the litigation, the City agreed that staff would present to AGENDA
REPORT

February 1, 2022
the Planning Commission and City Council an ordinance
amending RMC Article 15.04.615 to extend the
amortization period for the cessation of existing coal and petroleum coke storage and handling uses until
December 31, 2026, for consideration and possible
adoption. Under the settlement agreement, if the Council decides to adopt the amendment, then the Companies
would dismiss the litigation, waive any right to seek an extension of the amortization period, and promptly
implement a series of additional dust control measures to mitigate dust emissions from their operations. If the
Council decides to adopt the amendment, it must first
determine whether the amendment is subject to or
exempt from the California Environmental Quality Act
(“CEQA”).

RECOMMENDED ACTION:
(This will appear on the agenda)
ADOPT an ordinance (second 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).

DISCUSSION:

Background
In 2019, several years after coal and petroleum coke exports through the City of Richmond began to dramatically increase, the Council directed staff to propose an ordinance prohibiting new and phasing out existing land uses related to coal and petroleum coke storage and handling. On February 4, 2020, the City Council approved Ordinance No. 05-20 N.S. (“Ordinance”), adding Article 15.04.615 to the Richmond Municipal Code (“RMC”), prohibiting the storage and handling of coal and petroleum

February 1, 2022
coke within the City effective March 5, 2020, and providing a 3-year “amortization period” for continued storage and handling of coal and petroleum coke at existing facilities.

At the time the Ordinance was adopted, and at present, the Levin-Richmond Terminal (“Levin” or the “Levin Terminal”) is the only known existing facility in the City of Richmond that stores and handles coal and petroleum coke. The coal stored and handled by Levin is received by rail from Wolverine Fuels, LLC (“Wolverine”), in Utah, and the petroleum coke stored and handled by Levin is received by truck from Phillips 66 Company (“Phillips 66”) in Rodeo, California.

In March 2020, Levin, Wolverine, and Phillips 66 (together, the “Companies”) filed a total of five lawsuits—three in the United States District Court for the Northern District of California and two in Contra Costa County Superior Court—alleging, among other claims, that the Ordinance violates constitutional protections, is federally preempted, and violates the California Environmental Quality Act (“CEQA”). On August 27, 2020, the Northern District granted in part and denied in part the City’s motions to dismiss the complaints filed by Levin, Wolverine, and Phillips 66. Three months later, the Northern District provisionally granted the State of Utah’s motion to file a complaint in intervention in the litigation on the side of Levin, Wolverine, and Phillips 66. The litigation in federal court is ongoing.

The City successfully defended the two state-court cases before the Contra Costa County Superior Court. In January 2021, Levin appealed one of the two state-court cases to the Court of Appeal, where it is currently pending.

In early 2021, the City, Levin, and Wolverine participated in a mediation before the Honorable Elizabeth D. Laporte, a retired federal judge, and engaged in subsequent settlement discussions for several months. In connection with the settlement discussions, the City’s representatives, including Councilmembers Jimenez and Martinez, have observed operations at the Terminal. As a result of these discussions, the City and the Companies entered into a settlement agreement on November 12, 2021, to potentially resolve the litigation. A copy of the agreement is attached hereto as Attachment 2.

The Settlement Agreement
The settlement agreement provides that City staff will present a specific amendment to RMC Article 15.04.615 to the Planning Commission and City Council for their consideration. If adopted, the proposed amendment would extend the amortization period for existing uses related to coal and petroleum coke storage and handling from March 5, 2023, to December 31, 2026. The Council retains complete discretion whether to approve, disapprove, or modify the proposed amendment.

If the Council adopts the proposed amendment (see Exhibit A of Attachment 1) exactly as set forth in the settlement agreement, then the Companies would be required to dismiss the litigation with prejudice. Further, Levin would waive its ability to seek an extension to the amortization period—meaning that there would be no possibility that

February 1, 2022
coal and petroleum coke storage and handling would continue in the City beyond December 31, 2026.

Provided that the Council adopts the proposed amendment, the settlement agreement also requires the Companies to promptly implement a series of additional dust control measures to reduce pollution from their operations during the amortization period. For example, the Levin Terminal would, among other things, (1) install a canopy over conveyors used to unload coal from trains; (2) install additional wind fences to reduce wind-blown dust emissions from coal stockpiles; (3) increase the height of barriers blocking petroleum coke operations from the wind; (4) add additional water misters to reduce dust emissions from coal stockpiles and unloading facilities; (5) suspend shiploading operations if 30-minute average wind speeds exceed 18 miles per hour, a threshold that is half the current threshold; and (6) expand sweeping operations to prevent fugitive dust from leaving the facility. Additionally, Wolverine would apply an additional binding agent to blanket the top of each rail car transporting coal to the Levin Terminal to reduce dust emissions during transportation of the coal, including through the City. The settlement agreement allows the City to inspect the Levin Terminal to ensure that Levin is complying with these terms.

Finally, as part of the settlement agreement, the Companies would also agree not to challenge the City’s adoption of the proposed amendment. And, if another party should challenge the proposed amendment, Levin would pay for the City’s costs incurred in defending the proposed amendment.

The settlement agreement eliminates litigation risk and uncertainty. While the City believes its positions are meritorious, an adverse decision at the Northern District of California or on appeal could delay the cessation of coal and petroleum coke storage and handling in Richmond for several years or even indefinitely. Even if the City were to successfully defend the litigation, the current Ordinance allows Levin to seek an extension of the amortization period. Under the current Ordinance, the City must grant such an extension if Levin can show it is warranted to avoid an unconstitutional taking.

Thus, absent the settlement agreement, it is uncertain whether coal and petroleum coke storage and handling will cease on March 5, 2023, the current end of the amortization period. In contrast, if the Council decides to adopt the proposed amendment, the settlement agreement dictates that coal and petroleum coke storage and handling will cease on December 31, 2026, with no possibility of an extension.

The settlement agreement also requires additional dust control measures that will yield meaningful reductions in pollution while coal and petroleum coke operations are still continuing. The additional wind barriers, water misting, dust suppressants, and operational changes—including a requirement that shiploading operations halt when average wind speeds exceed 18 miles per hour, compared to the current 35 mile-per- hour threshold—would not be implemented absent the settlement agreement. Further, the requirement that Wolverine add an additional dust suppressant to its rail cars to reduce dust emissions from coal transported through Richmond would benefit neighborhoods along the rail route in addition to neighborhoods near the Levin Terminal.

February 1, 2022
Finally, the settlement agreement would provide the Levin-Richmond Terminal with additional time to transition to other, less polluting commodities. By facilitating this transition, the settlement agreement would lead to the retention of jobs at the Levin- Richmond Terminal and corresponding economic benefits. Settling the litigation could also save the City hundreds of thousands of dollars in attorneys’ fees that could otherwise be required to bring the lawsuits to trial.

Summary of Proposed Ordinance
The proposed ordinance consists of the proposed amendment contained in the settlement agreement. The proposed ordinance would amend RMC Section

15.04.615.050.C to extend the amortization period and require the discontinuation of nonconforming land uses by December 31, 2026, rather than March 5, 2023. The proposed ordinance would also amend RMC Section 15.04.615.010.B to be consistent with the amended Section 15.04.615.050.C.

Public Comments:

Prior to or at the Planning Commission hearing held on December 2, 2021, the Planning Commission received a letter from Chris Schaeffer, President and CEO of Levin Enterprises, Inc. In the letter, included here as Attachment 3, Mr. Schaeffer stated that the Levin Richmond Terminal Corporation, Richmond Pacific Railroad Corporation, and Levin Enterprises, Inc. support the proposed amendments of Article 15.04.615. considered by the Planning Commission on December 2.

PLANNING COMMISSION RECOMMENDATION
On December 2, 2021, the Planning Commission held a public hearing to consider whether to recommend the adoption of the proposed ordinance. After taking public testimony and comment, the Planning Commission voted unanimously to adopt Resolution No. 21-23 (see Attachment 4), recommending that the City Council adopt the proposed ordinance (see Attachment 1).

GENERAL PLAN CONSISTENCY
The proposed ordinance is consistent with and supports the goals outlined in the Health and Wellness Element of the City’s General Plan. For example, the proposed ordinance supports Goal HW9: Improved Environmental Quality. Under this goal, the City will “[c]ontinue to support projects that improve the quality of built and natural environments to support a thriving community and to reduce disparate health and environmental impacts, especially to low-income and disadvantaged communities. Clean air, water and soil, and a healthy eco-system are critical for human development and contribute to reduced toxic exposure, incidence of disease and environmental degradation.” The proposed ordinance supports this goal because the additional dust control measures it would trigger would reduce particulate matter emissions and toxic exposure, thus promoting clean air and reducing the pollution burdens borne disproportionately by individuals living and working near certain industrial areas and rail lines. Further, the proposed ordinance supports this goal by eliminating the risk that the phase-out of coal

February 1, 2022
and petroleum coke storage and handling would be invalidated in litigation and thus never take effect.

ENVIRONMENTAL REVIEW:

The proposed ordinance is exempt from the California Environmental Quality Act (“CEQA”). First, it is not a Project under CEQA and is therefore exempt pursuant to CEQA Guidelines section 15378. Second, it is exempt from CEQA pursuant to CEQA Guidelines sections 15301 (operation, permitting, or minor alteration of existing private facilities involving negligible or no expansion of existing or former use), 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).

The proposed ordinance is exempt under the existing facilities exemption because its effect would be to permit the continued operation and minor alteration (the latter to implement the dust control measures described above) of a single existing use—coal and petroleum coke storage and handling at the Levin-Richmond Terminal—for a limited duration. The existing use would not be expanded—indeed, under the terms of the current Ordinance, existing nonconforming uses may not increase the amount of coal or petroleum coke stored or handled beyond average annual amounts stored or handled prior to the Ordinance’s effective date, nor may they expand the footprint of such operations. RMC 15.04.615.050.D.

The proposed ordinance is also exempt as an action to protect natural resources and the environment because the additional dust control measures that it would trigger would reduce particulate matter pollution in Richmond’s neighborhoods and San Francisco Bay. By increasing physical wind barriers; adding binding agents, including suppressants and additional water misting; suspending coal and petroleum coke unloading operations during high- and moderate-wind events; increasing sweeping of areas near coal and petroleum coke operations; and implementing other dust control measures detailed in the settlement agreement, the proposed ordinance would decrease fugitive dust emissions that harm human health and marine habitats. Further, there is currently a risk that pending litigation challenging the existing Ordinance would succeed, and coal and petroleum coke storage and handling would continue indefinitely; or, alternatively, that Levin would apply for and receive an extension to the amortization period to continue coal and petroleum coke storage and handling for an indeterminate number of years. The proposed ordinance is exempt as an action to protect the environment and natural resources because, in addition to the dust control measures it would trigger, it would eliminate litigation risk and uncertainty and guarantee that coal and petroleum coke storage and handling operations in the City will stop at a definite time. For the same reasons, the proposed ordinance is exempt under the common sense exemption.

CONCLUSION:

Staff is recommending that the City Council adopt the proposed ordinance amending Sections 15.04.615.050.C and 15.04.615.010.B to extend the amortization period for

February 1, 2022
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.

DOCUMENTS ATTACHED:

Attachment 1 – Draft Ordinance
Exhibit A – Proposed Ordinance Amendments in Redline
Attachment 2 – Settlement Agreement
Attachment 3 – Letter from Levin Enterprises, Inc.

Attachment 4 – PC Resolution No. 21-23

cc: Richmond-Levin Terminal

1446154.1 1 of 5
ATTACHMENT 1

ORDINANCE No. _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING ARTICLE 15.04.61 5 OF THE RICH MOND MUNICIPAL CODE TO E XTEND THE

AMORTIZATION PERIOD FOR NONCONFORMING LAND USES RE LATED TO THE

STORAGE AND HANDLING OF C OAL AND PETROLEUM COKE TO DECEMBER 31, 2026

WHEREAS, on February 4, 2020, the City Council adopted Ordinance No. 05-20 N.S. (“Existing Ordinance”), adding Article 15.04.615 to the Richmond Municipal Code (“RMC”), prohibiting the storage and handling of coal and petroleum coke within the City effective March 5, 2020, and providing a 3-year “amortization period” for continued storage and handling of coal and petcoke at existing facilities; and

WHEREAS, at the time of adoption of the Existing Ordinance and at present, the Levin-Richmond Terminal is the only known existing facility in the City of Richmond that stores and handles coal and petcoke; and

WHEREAS, in March 2020, Levin and two companies shipping coal and petroleum coke through the Levin Terminal (together, the “Companies”) filed a total of five lawsuits in state and federal courts challenging the Existing Ordinance; and

WHEREAS, the City successfully defended the two cases before the state trial court, and one of those two cases is currently before the Court of Appeal; and

WHEREAS, the three federal court cases remain pending; and

WHEREAS, in early 2021, the City and the Companies participated in a mediation before a retired federal judge, and thereafter engaged in settlement discussions, which culminated in a settlement agreement to potentially resolve the litigation; and

WHEREAS, the settlement agreement was fully executed and became effective on November 12, 2021; and

WHEREAS, the settlement agreement provides that City staff shall present an amendment to RMC Article 15.04.615, specifically amending RMC Sections

15.04.615.050.C and 15.04.615.010.B, to the Planning Commission and City Council for their consideration; and

WHEREAS, the proposed amendment, if adopted, would extend the amortization period from March 5, 2023, to December 31, 2026; and

WHEREAS, if the City Council adopts the proposed amendment, the Companies would take various actions, including dismissing the litigation, waiving Levin’s ability to seek an extension to the amortization period, and implementing a series of additional

1446154.1 2 of 5
dust control measures to reduce pollution from their operations during the amortization period; and

WHEREAS, notwithstanding the settlement agreement, the City Council retains full discretion to adopt, reject, or modify the proposed amendment; and

WHEREAS, Article XI, Section 5 of the California Constitution provides that the City, as a home rule charter city, has the power to make and enforce all ordinances and regulations with respect to municipal affairs, and Article XI, Section 7, empowers the City to enact measures that protect and promote the health, safety, and/or welfare of its citizens; and

WHEREAS, Article II, Section 1, Paragraph 6 of the Charter of the City of Richmond states that the City shall have and exercise police powers, make all necessary police and sanitary regulations, and adopt ordinances and prescribe penalties for the violation thereof; and

WHEREAS, on December 2, 2021, the Planning Commission held a duly and properly noticed public hearing to consider a recommendation to the City Council on the proposed amendments to RMC Sections 15.04.615.050.C and 15.04.615.010.B; and

WHEREAS, the Planning Commission considered the agenda report, all public comments, the proposed amendments to RMC Sections 15.04.615.050.C and

15.04.615.010.B as set forth in Exhibit A of this Ordinance and incorporated by reference herein, and the applicable provisions of the RMC (“the Record”) and voted to recommend adoption of an ordinance making the proposed amendments; and

WHEREAS, on January 11, 2022, the City Council held a duly and properly noticed public hearing to consider the proposed amendments to RMC Sections

15.04.615.050.C and 15.04.615.010.B as set forth in Exhibit A of this Ordinance and incorporated by reference herein; and

WHEREAS, the City Council considered the agenda report, all public comments, the proposed amendments, and the applicable provisions of the RMC (“the Record”); and

WHEREAS, the City Council finds and determines:

1) Pursuant to California Environmental Quality Act (“CEQA”) Guidelines § 15378 and California Public Resources Code § 21065, the amendments to RMC Sections 15.04.615.050.C and 15.04.615.010.B extending the amortization period for nonconforming uses related to coal and petroleum coke storage and handling to December 31, 2026, are not a “project” because their adoption is not an activity that has the potential for a direct physical change or reasonably foreseeable indirect physical change in the environment; and

2) Even if the amendments to RMC Sections 15.04.615.050.C and

15.04.615.010.B qualified as a “project” subject to CEQA, they are exempt from CEQA pursuant to CEQA Guidelines § 15301, as an operation of, permit for, or minor alteration

1446154.1 3 of 5
of existing facilities involving negligible or no expansion of existing or former use; CEQA Guidelines §§ 15307 and 15308, as an action to protect natural resources and the environment, respectively; and CEQA Guidelines § 15061(b)(3), because there is no possibility that this activity will have a significant impact on the physical environment; and

3) The facts set forth in the recitals in this Ordinance are true and correct and incorporated by reference. The recitals constitute findings in this matter and, together with the agenda report, other written reports, public testimony, and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this Ordinance; and

4) Amended Sections 15.04.615.050.C and 15.04.615.010.B are consistent with the General Plan, Richmond Municipal Code, and applicable State law; and

5) Amended Sections 15.04.615.050.C and 15.04.615.010.B will not be detrimental to the public interest, health, safety, convenience, or welfare.

SECTION I. Municipal Code Amendments.

NOW THEREFORE BE IT RESOLVED, that the City Council hereby adopts an ordinance amending Sections 15.04.615.050.C and 15.04.615.010.B of the Richmond Municipal Code extending the amortization period for nonconforming uses related to the storage and handling of coal and petroleum coke to December 31, 2026, based on the following findings required per RMC Section 15.04.814.050:

A. The proposed amendment is consistent with the General Plan.

Supporting Statement of Fact: Criteria Satisfied. The proposed amendment is consistent with and supports the goals outlined in the Health and Wellness Element of the City’s General Plan. For example, the amendment supports Goal HW9: Improved Environmental Quality. Under this goal, the City shall “[c]ontinue to support projects that improve the quality of built and natural environments to support a thriving community and to reduce disparate health and environmental impacts, especially to low-income and disadvantaged communities. Clean air, water and soil, and a healthy eco-system are critical for human development and contribute to reduced toxic exposure, incidence of disease and environmental degradation.” The amendment supports this goal because the additional dust control measures it would trigger would reduce particulate matter emissions and toxic exposure, thus promoting clean air and reducing the pollution burdens borne disproportionately by individuals living and working near certain industrial areas and rail lines. Further, the amendment supports this goal by eliminating the risk that the phase-out of coal and petroleum coke storage and handling would be invalidated in litigation and thus never take effect.

B. The proposed amendment is necessary for public health, safety, and general welfare or will be of benefit to the public.

Supporting Statement of Fact: Criteria Satisfied. The proposed amendment and the provisions of the settlement agreement that it would trigger would (1) reduce particulate

1446154.1 4 of 5
matter emissions by requiring the implementation of additional dust control measures, and (2) eliminate the risk that the phase-out of coal and petroleum coke storage and handling would be invalidated in litigation and thus never take effect. Further, the proposed amendment would provide the Levin Terminal with additional time to transition to other, less polluting commodities. By facilitating this transition, the proposed amendment would lead to the retention of jobs at the Levin Terminal and corresponding economic benefits.

C. The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.

Supporting Statement of Fact: Criteria Satisfied. The proposed ordinance is exempt from the California Environmental Quality Act (“CEQA”). First, it is not a Project under CEQA and is therefore exempt pursuant to CEQA Guidelines section 15378. Second, it is exempt from CEQA pursuant to CEQA Guidelines sections 15301 (operation, permitting, or minor alteration of existing private facilities involving negligible or no expansion of existing or former use), 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).

D. For a change to the Zoning Maps, that the subject property is suitable for the uses permitted in the proposed zone in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations, and that the proposed change of zoning district is not detrimental to the use of adjacent properties.

Supporting Statement of Fact: Criteria Satisfied. The proposed amendments to not involve a zoning map change. The proposed amendments are only changes to the Zoning Ordinance text.

SECTION II. The City Council of the City of Richmond does ordain as follows: Amends sections 15.04.615.050.C and 15.04.615.010.B of the Richmond Municipal Code to extend the amortization period for nonconforming uses related to the storage and handling of coal and petroleum coke to December 31, 2026. The amendments are attached to this Ordinance as Exhibit A and incorporated by reference herein.

SECTION III. Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, the remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, paragraph, sentence, clause, or phrase.

SECTION IV. Effective Date.

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All applications filed after or pending upon the date of final passage and adoption of this Ordinance shall be subject to this Ordinance. This Ordinance becomes effective thirty (30) days after its final passage and adoption.

------------------------------------------

First introduced at a regular meeting of the City Council of the City of Richmond held January 11, 2022 and finally passed and adopted at a regular meeting held ______________________ by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

________________________________

CLERK OF THE CITY OF RICHMOND

(SEAL)

Approved:

______________________
Mayor

Approved as to form:

______________________
City Attorney

Attachment: Exhibit A: Draft Zoning Text Amendments

EXHIBIT A

ARTICLE 15.04.615 - PROHIBITION OF THE STORAGE AND HANDLING OF COAL AND PETROLEUM COKE

15.04.615.010 - Purpose.

A. This article is intended to protect and promote the health, safety, and welfare of the City's citizens, visitors, and workers by reducing the release of pollutants into the environment as a result of coal and petroleum coke storage and handling. This article is also intended to reduce the public health, safety, or welfare impacts (including, without limitation, adverse impacts to property values, aesthetics, and economic interests) caused by the storage and handling of coal and petroleum coke.

B. This article bans the establishment and/or expansion of storage and handling of coal and/or petroleum coke throughout the City of Richmond, with certain exceptions. The article also phases out existing allowed uses of land involving the storage and handling of coal and petroleum coke, by providing an three-year amortization period for such existing allowed uses to transition to other lawful uses and materials. This amortization period is intended to strike a proper balance between protecting the public from the health hazards of coal and petroleum coke storage and handling, while also protecting existing jobs and providing sufficient time for businesses to transition.

C. This article is not intended to, and shall not be interpreted to regulate or applied to prohibit the transportation of coal and/or petroleum coke, for example, by train or marine vessel, including without limitation through the City of Richmond or to or from a coal or petroleum coke storage and handling facility.

15.04.615.020 - Definitions.

As used in this article, the following terms have the following meanings:

A. “Coal” means a solid, brittle, carbonaceous rock classified as anthracite, bituminous, subbituminous, or lignite by the American Society for Testing and Materials ("ASTM") Designation D388-77.

B. “Petroleum Coke” means a solid carbonaceous residue produced from a coker after cracking and distillation from petroleum refining operations, including such residues produced by petroleum upgraders in addition to petroleum refining.

C. “Coal or Petroleum Coke Storage and Handling Facility” means an existing or proposed site or facility, including all contiguous land, structures, other appurtenances, and improvements thereon, or any part thereof, where coal or petroleum coke is or may be stored or handled.

D. “Effective Date” means the date that Ordinance No. 05-20, adding Article 15.04.615 to the Richmond Municipal Code, took effect.

E. “Owner or Operator” means any person who has legal title to any coal or petroleum coke storage and handling facility; who has charge, care, or control of any coal or petroleum coke storage and handling facility; who is in possession of any coal or petroleum coke storage and handling facility or any part thereof; and/or who is entitled to control or direct the management of any coal or petroleum coke storage and handling facility.

F. “Store or Handle, or Storing or Handling, or Storage or Handling” means to allow or maintain any pile, including without limitation covered and uncovered piles, piles located above ground, underground, or within containers, or to load, unload, stockpile, or otherwise handle and/or manage, temporarily or permanently, coal and/or petroleum coke.

15.04.615.030 - Prohibition on Storage and/or Handling of Coal or Petroleum Coke.

The storage and handling of coal and petroleum coke at a coal or petroleum coke storage and handling facility is prohibited in all zoning districts.

15.04.615.040 - Exemptions.

The following non-commercial uses are exempt from the provisions of this Article 15.04.615: residential, educational, scientific, recreational, religious, or cultural uses in which persons store or handle small amounts of coal or petroleum coke.

15.04.615.050 - Amortization Period for Nonconforming Uses.

A. Notwithstanding any provision in this Code to the contrary, this section shall apply to all existing land uses that do not conform with the requirements of Section 15.04.615.030 of this Code as of the effective date.

B. As used in this section, "nonconforming land use" means any lawful coal or petroleum coke storage and handling facility in existence prior to the effective date.

C. Except as otherwise provided in this section, all nonconforming land uses shall be discontinued by December 31, 2026 within three years after the effective date. The three-year period from the March 5, 2020 after the effective date of Ordinance No. 05-20 N.S. through December 31, 2026, shall be referred to as the "amortization period."
D. Nonconforming land uses shall not increase the amount of coal or petroleum coke stored or handled in a calendar year beyond the average amount of coal or petroleum coke stored or handled annually at the coal or petroleum coke storage and handling facility in the three years prior to the effective date.

Nonconforming land uses shall not expand the footprint of coal or petroleum coke storage or handling activities at the coal or petroleum coke storage and handling facility.

E. Within two months of the effective date, the Zoning Administrator shall use reasonable efforts to identify and provide notice to all owners or operators of any coal or petroleum coke storage and handling facility informing them that they must do either of the following: (a) discontinue any nonconforming land use before the conclusion of the amortization period; or (b) apply for an extension of the amortization period pursuant to sub-section F of this section. Failure to receive notice from the Zoning Administrator shall not excuse an owner or operator from compliance with the provisions of this section.

F. Any affected owner or operator of a nonconforming land use may apply to the Planning Commission for an extension of the amortization period on a form provided by the Director pursuant to Section

15.04.803.020. The affected owner or operator shall pay any applicable fees established pursuant to that section. Applications for an extension of the amortization period shall be submitted no later than 12 months prior to the end of the amortization period. The Planning Commission shall conduct a duly

noticed public hearing to consider the application for extension of the amortization period within a reasonable time after the application has been deemed complete by the Zoning Administrator.

1. "Limited Notice (Type B)" shall be provided pursuant to Section 15.04.803.070 of this Code not less than 24 calendar days prior to the date of the hearing.

2. In deciding whether to extend the amortization period, the Planning Commission shall consider all documentary and oral evidence and testimony submitted prior to the conclusion of the hearing. As part of the application, an amortization analysis shall be prepared, at the applicant's expense, by an expert retained by the City, prior to Planning Commission consideration.

3. The Planning Commission shall grant an extension of the amortization period if it finds, based on substantial evidence, that such extension is necessary to prevent an unconstitutional taking of property without compensation or to avoid a violation of state or federal law. Any extension so granted shall be the minimum necessary to prevent such impairment or violation. In no event shall the Planning Commission grant any extension if it finds that continuing the nonconforming land use would constitute a public nuisance under Civil Code Sections 3479 and 3480.

4. The Planning Commission's decision shall be based upon the following factors, where applicable:
a. The cost to the applicant of acquiring the affected property and the applicant's reasonable investment-backed expectations at the time the property was acquired; b. The present actual or depreciated value of the affected property and improvements with and without the nonconforming land use;
c. The total length of time the nonconforming land use has existed and the remaining useful life of the nonconforming land use;
d. The applicant's investments in the nonconforming land use and whether and to what extent the applicant will have recouped those investments before the conclusion of the amortization period; e. The salvage value of any improvements that may be used for purposes other than the nonconforming land use;
f. The remaining value and allowed uses of the property after discontinuing the nonconforming land use; g. Whether the nonconforming land use interferes with the use and enjoyment of land of nearby property owners or residents, or interferes with or threatens the public health, safety, and welfare of the community;
h. The extent to which the nonconforming land use on the property is incompatible with surrounding uses and properties; and
i. Any other factor the Planning Commission reasonably determines is related to determining whether the investment in the nonconforming land use has been recovered.

5. The owner or operator requesting the extension shall have the burden of demonstrating that it is entitled to an extension under sub-section F above. The Planning Commission's determination under this sub-section may be appealed to the City Council in the same manner as prescribed in Section

15.04.803.140 of this Code.

K. Nothing in this section is intended to affect or restrict the City's authority to immediately terminate, discontinue, or abate any land uses found to be a nuisance, or that are otherwise operating unlawfully, including a nonconforming land use. This article does not create or confer any vested rights.

15.04.615.060 - Violations; Declaration of a Nuisance; Abatement.

Any land use that fails to comply with or violates any provision of this article is hereby declared to be an unlawful nuisance. Any land use declared to be a nuisance pursuant to this section may be subject to the abatement procedures established in Section 15.04.815.040 and Chapter 9.22 of this Code.

15.04.615.070 - Exceptions; Procedures.

A. The provisions of this article shall not be applicable to the extent, but only to the extent, that they would violate the constitution or laws of the United States or of the State of California.

B. In the event a property owner contends that the application of this article effects an unconstitutional taking of property without compensation, the property owner may request, and the Planning Commission shall grant, an exception to application of any provision of the article if the Planning Commission finds, based on substantial evidence, that both (1) the application of any aspect of the article would constitute an unconstitutional taking of property, and (2) the exception will allow continued land uses only to the minimum extent necessary to avoid such a taking; provided, however, that in the case of nonconforming uses, the procedures set forth in Section 15.04.615.050.F shall govern. The property owner shall have the burden of demonstrating that it is entitled to an exception under this sub-section. The Planning Commission's determination under this sub-section may be appealed to the City Council in the same manner as prescribed in Section 15.04.803.140 of this Code.

15.04.615.080 - Non-applicability to Transportation of Coal and/or Petroleum Coke.

Notwithstanding anything to the contrary contained in this article, this article is not intended to and shall not be interpreted to regulate the transportation of coal and/or petroleum coke, for example, by train or marine vessel, including without limitation through the City of Richmond or to or from a coal or petroleum coke storage and handling facility.

15.04.615.090 - Conflicting Provisions.

Where a conflict exists between the requirements in this article and applicable requirements contained in other provisions of this Code, the applicable requirements of this article shall prevail.

1 SETTLEMENT AGREEMENT
This Settlement Agreement (“Agreement”) is by and between the City of Richmond, California, and the City Council of the City of Richmond (collectively, the “City”), on the one hand, and Levin Richmond Terminal Corporation, Richmond Pacific Railroad Corporation, and Levin Enterprises, Inc. (collectively, “Levin”); Wolverine Fuels Sales, LLC (“Wolverine”); Phillips 66 Company (“Phillips 66”); and the State of Utah (“Utah”), on the other hand. The City, Levin, Wolverine, Phillips 66 and Utah are collectively referred to as the “Parties,” and individually as a “Party,” to this Agreement.

RECITALS
WHEREAS, on February 4, 2020, the City approved an ordinance prohibiting the storage and handling of coal and petroleum coke (“petcoke”) within the City, effective March 5, 2020, and providing a 3-year “amortization period” for continued storage and handling of coal and petcoke at existing facilities. Ordinance No. 05-20 N.S., Richmond Municipal Code (“RMC”) Article 15.04.615, also amending RMC Section 15.04.104.010 (“Ordinance”).

WHEREAS, Levin owns and operates a marine terminal (“Terminal”) and related rail services in the City of Richmond that includes storage and handling of coal and petcoke.

WHEREAS, the Terminal was, at the time of adoption of the Ordinance, and is the only known existing facility in the City of Richmond that stores and handles coal and petcoke.

WHEREAS, the coal stored and handled by Levin is received by rail from Wolverine in Utah.

WHEREAS, the petcoke stored and handled by Levin is received by truck from Phillips 66 in Rodeo, California.

WHEREAS, on March 4, 2020, Levin filed a Complaint for Declaratory and Injunctive Relief in the United States District Court for the Northern District of California alleging that the Ordinance violates constitutional protections and is federally preempted. Levin Richmond Terminal Corporation, et al., v. City of Richmond, et al., Case. No. 3:20-cv-01609-YGR.

WHEREAS, on March 4, 2020, Wolverine filed a Complaint for Declaratory and Injunctive Relief in the United States District Court for the Northern District of California alleging that the Ordinance violates constitutional protections and is federally preempted.

Wolverine Fuels Sales, LLC, v. City of Richmond, et al., Case. No. 3:20-cv-01614-YGR.

WHEREAS, on March 6, 2020, Phillips 66 filed a Complaint for Declaratory and Injunctive Relief in the United States District Court for the Northern District of California alleging that the Ordinance violates constitutional protections. Phillips 66 Company v. City of Richmond, et al., Case. No. 3:20-cv-01643-YGR.

WHEREAS, on March 4, 2020, Levin filed a Verified Petition for a Writ of Mandate in the California Superior Court for the County of Contra Costa alleging that the Ordinance violates the California Environmental Quality Act (“CEQA”), is an arbitrary and capricious exercise of Attachment 2

2 police power, and constitutes impermissible spot zoning. Levin Richmond Terminal Corporation, et al., v. City of Richmond, et al., Superior Court Case No. N20-0464.

WHEREAS, on March 6, 2020, Phillips 66 filed a Verified Petition for a Writ of Mandate in the California Superior Court for the County of Contra Costa alleging that the Ordinance violates CEQA and is an arbitrary and capricious exercise of police power. Phillips 66 Company, v. City of Richmond, et al., Superior Court Case No. N20-0460.

WHEREAS, on August 27, 2020, the United States District Court for the Northern District of California (1) granted in part and denied in part the City’s motions to dismiss the complaints filed by Levin, Wolverine and Phillips 66, and (2) granted Sierra Club and Baykeeper limited intervention in the litigation brought by Levin, Wolverine, and Phillips 66 relating to the Ordinance.

WHEREAS, on November 25, 2020, the United States District Court for the Northern District of California provisionally granted Utah’s motion to file a complaint in intervention in the litigation brought by Levin, Wolverine, and Phillips 66, which complaint was deemed filed, alleging that the Ordinance violates constitutional protections.

WHEREAS, on December 24, 2020, the Superior Court for the County of Contra Costa entered Orders in Case Nos. N20-0464 and N20-0460 denying the petitions for writ of mandate.

WHEREAS, on January 22, 2021, Levin filed a Notice of Appeal of Case No. N20-0464.

Levin Richmond Terminal Corporation, et al. v. City of Richmond, et al., Court of Appeal Case No. A162086.

WHEREAS, the federal and state court lawsuits described above are collectively referred to herein as “the Litigation.”
WHEREAS, the City disputes each of the claims brought by Levin, Wolverine, Phillips 66, and Utah in the Litigation.

WHEREAS, on February 22, 2021, the City, Levin and Wolverine participated in a mediation before the Honorable Elizabeth D. Laporte (retired) and engaged in subsequent settlement discussions.

WHEREAS, in connection with the settlement discussions, City’s representatives, including certain City Councilmembers, have observed operations at the Terminal, and the City Council has discussed the proposed settlement in closed session.

WHEREAS, the Parties enter into this Agreement to resolve all pending claims discussed in these Recitals, to provide additional time to facilitate a transition to storage and handling of other commodities at the Terminal, and to require implementation of additional, interim dust control measures at the Terminal and for shipment of coal to the Terminal, without the time, expense and uncertainty of further litigation.

WHEREAS, implementation of the dust control measures contemplated under this Agreement would address the City’s concerns by providing significant additional environmental

3 protections than are required under the Ordinance, and would eliminate the uncertainty of the results of the Litigation—including the potential that the Ordinance could be enjoined or invalidated—by establishing a date certain for discontinuation of coal and petcoke storage and handling at the Terminal.

WHEREAS, the Parties understand that the amendment to the Ordinance contemplated by this Agreement is subject to discretionary approval by the City Council of the City of Richmond (“City Council”) following a public hearing, and that this Agreement will be subject to a request for continuing jurisdiction of the United States District Court for the Northern District of California to ensure implementation and enforcement.

AGREEMENT
NOW THEREFORE, in consideration of the foregoing Recitals, the mutual covenants and promises set forth in this Agreement, and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the Parties agree to each of the following conditions and terms:

A. Proposed Amendment to Ordinance
Within sixty (60) days of the Effective Date of this Agreement, unless the Parties agree in a signed writing to extend this time, City staff shall present to the Richmond Planning Commission for its consideration an amendment to the Ordinance, as set forth in sub-section A.1 below (“Proposed Amendment”). Within forty-five (45) days after the Planning Commission’s consideration of the Proposed Amendment, unless the Parties agree in a signed writing to extend this time, City staff shall present the Proposed Amendment to the City Council for its consideration.

1. Amortization Period for Existing Facilities
The Proposed Amendment shall consist of the following revisions to the Ordinance:
(a) RMC Section 15.04.615.050.C:

Except as otherwise provided in this Section, all nonconforming land uses shall be discontinued by December 31, 2026 within three years after the effective date.

The three year period from the March 5, 2020 after the effective date of Ordinance No. 05-20 N.S. through December 31, 2026, shall be referred to as the “amortization period.”
(b) RMC Section 15.04.615.010.B:

This article bans the establishment and/or expansion of storage and handling of coal and/or petroleum coke throughout the City of Richmond, with certain exceptions. The Article also phases out existing allowed uses of land involving the storage and handling of coal and petroleum coke, by providing an three-year amortization period for such existing allowed uses to transition to other lawful uses and materials. This amortization period is intended to strike a proper balance

4 between protecting the public from the health hazards of coal and petroleum coke storage and handling, while also protecting existing jobs and providing sufficient time for businesses to transition.

2. Procedure for Adoption of Proposed Amendment
(a) City staff shall recommend that (a) the City Planning Commission consider and recommend adoption of, and (b) the City Council consider and adopt an amendment to the Ordinance that enacts, and is limited to, the Proposed Amendment exactly as set forth in subsection A.1 above. The Parties acknowledge the City Council’s discretion to approve, disapprove, or modify the Proposed Amendment, and that nothing in this Agreement shall be construed to limit that discretion.
(b) If the City Council does not approve the Proposed Amendment by February 28, 2022, or disapproves or modifies the Proposed Amendment, then this Agreement shall terminate and be null and void.
(c) If the City Council approves the Proposed Amendment at a first and second reading by February 28, 2022, thereby adopting the Proposed Amendment exactly as set forth in section A.1 above, then the Parties shall proceed with performance of this Agreement. (d) If the City approves the Proposed Amendment as set forth in Section A.2(c) above, the City shall within five (5) working days thereafter file any notice required or permitted under Public Resources Code section 21152.

B. Facilitation of Transition to Other Commodities
During the amortization period set forth in the Proposed Amendment, and for a period of three (3) years thereafter, the City shall process, promptly and in good faith, any application for review of a permit or other approval necessary to transition to storage and handling of commodities other than coal and petcoke at the Terminal, unless the City determines, based on applicable zoning and/or substantial evidence, that storage and handling of the proposed alternative commodities would be unlawful, non-conforming, or harmful to public health in the City of Richmond.

C. Implementation of Additional Dust Control Measures
During the amortization period set forth in the Proposed Amendment, and subject to the terms and conditions of this Agreement, Levin, Wolverine and Phillips 66 agree to their respective dust control measures set forth below and in Exhibits A, B and C hereto, for coal and petcoke shipments to the Terminal and storage and handling of coal and petcoke at the Terminal.

1. Subject to the terms and conditions of this Agreement, Levin shall implement the additional dust control measures for coal and petcoke operations at the Terminal set forth in Exhibit A hereto, and shall maintain all such additional dust control measures for coal and petcoke operations at the Terminal through December 31, 2026.

5 (a) Promptly following the City’s adoption of the Proposed Amendment, Levin shall apply to the City for the necessary building permit and design review approvals (“Applications”) to construct (i) the canopy over the rail unloading facility conveyors, and (ii) the wind fences for stockpiles, as provided in Sections A.2 and A.3 of Exhibit A hereto. Levin shall thereafter promptly and in good faith respond to any requests by the City for additional information necessary to process the Applications.
(b) The City shall process Levin’s Applications promptly and in good faith. (c) Levin shall complete construction of the canopy within six (6) months of when the City approves the Application(s) for the canopy; and Levin shall complete construction of the wind fences within six (6) months of when the City approves the Application(s) for the wind fences.
(d) In the event that either Levin or the City contends that the other Party has failed to act promptly or in good faith with respect to the Applications, that Party may invoke the dispute resolution provisions of Section H, below. In the event that Levin contends that the City’s approval of the canopy or wind fences substantially differs from what Levin has proposed, Levin may invoke the dispute resolution provisions of Section H, below. (e) The six (6) month periods specified in Section C.1(c) above shall be tolled during the pendency of any dispute resolution proceedings and any resulting litigation under Section H, below.

2. Subject to the terms and conditions of this Agreement, Levin shall continue to maintain the existing dust control measures for coal and petcoke handling and storage at the Terminal set forth in Exhibit A hereto through December 31, 2026. Levin shall have no responsibility under this Agreement for any dust control measures except those identified in Exhibit A.

3. As further described in Exhibit B, Wolverine has represented that it currently applies Crown PDC 8020 binding agent, as a process dust control measure, to coal as it is being loaded into rail cars in Utah (“Existing Dust Control Measure”). Subject to the terms and conditions of this Agreement: (a) Wolverine shall continue its Existing Dust Control Measure, or an equally effective process dust control binding agent, for all coal shipments to the Terminal through December 31, 2026; and (b) within one (1) month of the City’s Adoption of the Proposed Amendment and continuing through December 31, 2026, Wolverine shall also apply Crown PDC 8020, or an equally effective process dust control binding agent, to blanket the top of each rail car transporting coal to the Terminal, as further described in Exhibit B. Wolverine shall have no responsibility under this Agreement for any dust control measures except those identified in Exhibit B.

4. As further described in Exhibit C, Phillips 66 has represented that it currently applies a dust suppressant/binding agent to petcoke while it is being loaded in each truck, and tarps each truck, prior to shipment of petcoke from Rodeo for delivery to the Terminal (“Existing PetCoke Dust Control Measures”). Subject to the terms and conditions of this Agreement, Phillips 66 shall continue to apply its Existing PetCoke Dust Control Measures, as set forth in

6 Exhibit C, through December 31, 2026. Phillips 66 shall have no responsibility under this Agreement for any dust control measures except those identified in Exhibit C.

5. In the event that the City adopts the Proposed Amendment but later modifies the Proposed Amendment or the Ordinance prior to December 31, 2026 in a manner that either (1) shortens the duration of the amortization period or (2) imposes additional restrictions on the storage and handling of coal and petcoke at the Terminal, then Levin, Wolverine and/or Phillips 66 may, in their sole discretion, elect to terminate this Agreement by providing Notice of such election to the City pursuant to Section I. Upon such election, this Agreement shall be null and void, and Levin, Wolverine and/or Phillips 66 may proceed with the Litigation (in the event that it has not yet been dismissed with prejudice) and/or initiate new litigation challenging such actions by the City. If either Levin, Wolverine or Phillips 66 elects to terminate the Agreement, then the Agreement shall terminate as to all Parties, and the Parties shall have no further obligations under the Agreement.

6. During the amortization period and for a period of twelve (12) months thereafter, the City shall have the right, but not the obligation, to inspect the Terminal, pursuant to the Inspection Protocol attached hereto as Exhibit D, in order to assess compliance with this Agreement. The City may conduct such inspections up to three (3) times per calendar year during the amortization period and one (1) time during the twelve (12) month period thereafter.

D. Dismissal of Litigation

1. Subject to the City’s adoption of the Proposed Amendment, Levin, Wolverine, Phillips 66 and Utah shall file requests for dismissal with prejudice of their respective complaints in the United States District Court for the Northern District of California within thirty (30) days after the expiration of the ninety (90) day limitations period for challenges to the City Council’s adoption of the Proposed Amendment under Government Code section 65009(c); provided, however, that there is no litigation filed challenging the City Council’s adoption of the Proposed Amendment (“Third Party Challenge”) within that ninety (90) day limitations period. In the event of any Third Party Challenge, then the Parties shall proceed as set forth in Section E, below.

2. Subject to the City’s adoption of the Proposed Amendment, Levin shall file a request for dismissal of the appeal in its State Court CEQA action within thirty (30) days after the expiration of the ninety (90) day limitations period for challenges to the City Council’s adoption of the Proposed Amendment under Government Code section 65009(c); provided, however, that there is no Third Party Challenge within that ninety (90) day limitations period. In the event of any Third Party Challenge, then the Parties shall proceed as set forth in Section E, below.

3. In the event the City Council finds the Proposed Amendment to be exempt from CEQA but the City fails to file a notice of exemption (“NOE”) as provided herein, the dismissals under Sections D.1 and D.2 above shall occur within thirty (30) days after the expiration of the one-hundred eighty (180) day limitations period for challenges to the City Council’s adoption of the Proposed Amendment under Public Resources Code Section 21167(a); provided, however, that there is no Third Party Challenge filed within that one-hundred eighty (180) day limitations

7 period. In the event of any Third Party Challenge, then the Parties shall proceed as set forth in Section E, below.

4. In the event the City Council does not find the Proposed Amendment to be exempt from CEQA, this Agreement shall terminate and be null and void.

E. Third Party Challenge

1. “Third Party Challenge,” as used in this Agreement, shall mean a timely filed action, by any person or entity that is not a Party to this Agreement, seeking judicial review of the City Council’s adoption of the Proposed Amendment.

2. In the event of a Third Party Challenge to the City Council’s adoption of the Proposed Amendment, the Litigation shall not be dismissed during the pendency of the Third Party Challenge, and the Parties agree to file a joint request that the Litigation be stayed pending the outcome of any such Third Party Challenge, and to cooperate in good faith in defending the Proposed Amendment against any such Third Party Challenge.

3. In the event that the federal and state courts grant the stays requested in the Litigation pursuant to Section E.2 above, and a final judgment is entered in the City’s favor upholding the Proposed Amendment in any Third Party Challenge(s), then Levin, Wolverine, Phillips 66 and Utah shall file requests for dismissal of the Litigation within thirty (30) days after the latter of the following: (a) the expiration of the time period to appeal such judgment in the Third Party Challenge(s); or (b) the issuance of a remittitur following any appeal in which the Proposed Amendment is upheld in the Third Party Challenge.

4. In the event the federal or state court declines to issue any stay requested pursuant to paragraph E.2 above, then Levin, Wolverine and/or Phillips 66 may, in their sole discretion, elect to terminate this Agreement and proceed with the Litigation by providing Notice to the City of such election pursuant to Section I below. Prior to making any such election, the parties shall meet and confer pursuant to Section H below to discuss in good faith whether the purposes of this Agreement can still be achieved in the absence of a stay. If either Levin, Wolverine or Phillips 66 elects to terminate the Agreement, then the Agreement shall terminate as to all Parties and the City shall have no further obligations under the Agreement.

5. The City shall defend the Proposed Amendment against any Third Party Challenge, at the direction of the City Attorney’s Office and the City Council, consistent with the City Charter and the purposes of this Agreement. Levin and/or Wolverine may join the City, as real parties in interest and/or by motion to intervene, in defending the City’s adoption of the Proposed Amendment against any Third Party Challenge. Levin shall indemnify and hold harmless the City from and against any Third Party Challenge, including, but not limited to, any claims brought against the City or any of its agents, officers, officials, or employees to attack, set aside, void, or annul the City’s actions or omissions related to the Proposed Amendments and/or their adoption. This indemnification shall include, but not be limited to, damages, attorneys’ fees, and/or costs awarded against the City, if any, and the City’s costs of suit, reasonable attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding. Upon commencement of any such Third Party Challenge to the Proposed

8 Amendment, the City and Levin shall meet in good faith to establish a mutually acceptable method of defending such action.

6. The Parties agree that the Proposed Amendment, extending the amortization through December 31, 2026, shall not be affected by the pendency of any Third Party Challenge, unless a court of competent jurisdiction expressly orders otherwise.

7. In the event that a court of competent jurisdiction enjoins, sets aside, or invalidates the City’s adoption of the Proposed Amendment in response to a Third Party Challenge, then (1) Levin, Wolverine and Phillips 66 shall be relieved of any further obligations to comply with their respective dust control measures set forth in Section C above, pending final judgment and issuance of the remittitur on any appeal; and (2) Levin, Wolverine and/or Phillips 66 may, in their sole discretion, elect to terminate this Agreement and proceed with the Litigation or initiate new litigation by providing Notice to the City of such election pursuant to Section I below.

F. Compliance with Ordinance and Waiver of Extension of Amortization Period Subject to the terms and conditions of this Agreement, Levin agrees to comply with all provisions of the Ordinance as modified by the Proposed Amendment. In amplification of the foregoing, and subject to the terms and conditions of this Agreement, Levin expressly agrees that, no later than December 31, 2026, Levin shall cease all storage and handling of coal and petcoke at the Terminal and shall not thereafter store or handle any coal or petcoke at the Terminal. Subject to the terms and conditions of this Agreement, Levin further agrees not to request or seek, and waives any right to request or seek, an extension of the amortization period under RMC Section 15.04.615.050 or any other provision of law.

G. Non-opposition to Ordinance as Modified by Proposed Amendment Subject to the terms and conditions of this Agreement, Levin, Wolverine, Phillips 66 and Utah (“Plaintiffs”) agree not to file any litigation challenging the City’s adoption of the Proposed Amendment or implementation or enforcement of the Ordinance as modified by the Proposed Amendment. Except as provided for continuation of the Litigation or initiation of litigation in Sections C.5, D, E and H of this Agreement, Plaintiffs each waive any and all claims that were or could have been brought as part of the Litigation.

Subject to the terms and conditions of this Agreement, the Parties agree not to support, encourage, or assist, either directly or indirectly, any Third Party Challenge to the City’s adoption of the Proposed Amendment, or implementation or enforcement of the Ordinance as modified by the Proposed Amendment.

Notwithstanding anything in the foregoing paragraph, in the event that a Third Party Challenge is filed, Plaintiffs may continue the Litigation or initiate new litigation, subject to Sections C.5, D, E and H of this Agreement.

9 H. Continuing Jurisdiction of the Court and Dispute Resolution Within thirty (30) days of the Effective Date of this Agreement, the Parties shall jointly request that the Honorable Yvonne Gonzalez Rogers, United States District Court Judge for the Northern District of California, maintain continuing jurisdiction of the Court over the pending federal litigation relating to the Ordinance and the matters relating to this Agreement and the Proposed Amendment, to and including resolution of any motion filed prior to March 31, 2027 to enforce the Ordinance as modified by the Proposed Amendment and the rights and obligations of the Parties to this Agreement.

If a dispute arises between the Parties under this Agreement, or any Party alleges a breach of this Agreement, the Parties shall meet and confer within ten (10) business days after one Party provides written notification to another Party of the grounds for the dispute or the nature of the alleged breach. At the meet and confer, the Parties shall attempt in good faith to resolve the dispute or the alleged breach without the need for court intervention. If such dispute(s) cannot be resolved through the meet and confer process, any party may file a motion to enforce the Agreement in the federal litigation or, if the alleged breach occurs after the federal litigation has terminated, by filing a new action. Venue for any such action that is filed prior to March 31, 2027, shall be in the United States District Court of the Northern District of California, as provided above. Venue for any such action that is filed after March 31, 2027 shall be in the Superior Court for the County of Contra Costa.

I. Notices
Any notice relating to this Agreement shall be sent by the noticing Party, both by email and by First Class mail, to the applicable address(es) of the noticed Party or Parties and their attorney(s) below. Each Party shall give notice in writing to the other Parties of a change in Party representative to whom, or change of address to which, notices should be sent.

For the City:

Teresa Stricker
City Attorney
James Atencio
Senior Assistant City Attorney
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
E-mail: [email protected], [email protected] Tel: (510) 620-6509
Robert Perlmutter
Aaron Stanton
Shute Mihaly & Weinberger LLP
396 Hayes Street
San Francisco, CA 94102
E-mail: [email protected], [email protected]

10 Tel: (415) 552-7272
For Levin:

James Holland
Vice President, Facilities,
Equipment and Environment
Patrick O’Driscoll
Chief Operating Officer
Levin-Richmond Terminal Corporation
402 Wright Avenue
Richmond CA 94804
E-mail: [email protected], [email protected] Telephone: (510) 232-4422
R. Christopher Locke
Sarah P. Bell
Linda Sobczynski
Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
Email: [email protected], [email protected], [email protected] Telephone: (415) 954-4400
For Wolverine:

Brian S. Settles
Chief Administrative Officer & General Counsel
Wolverine Fuels Sales, LLC
9815 South Monroe Street, Suite 203
Sandy, UT 84070
Email: [email protected]
Telephone: (801) 695-9107
John F. Barg
Barg Coffin Lewis & Trapp, LLP
600 Montgomery Street, Suite 525
San Francisco, CA 94111
E-mail: [email protected]
Telephone: (415) 228-5440
For Phillips 66:

Manager, Rodeo Refinery
Phillips 66 Company
1380 San Pablo Avenue
Rodeo, CA 94572

11 Telephone: (510) 245-4415
Ronald Van Buskirk
Pillsbury Winthrop Shaw Pittman LLP
Four Embarcadero Center, 22nd Floor
San Francisco, CA 94111-5998
E-mail: [email protected]
Telephone: (415) 983-1496
For Utah:

Anthony Rampton
Utah Assistant Attorney General
5110 State Office Building
Post Office Box 142477
Salt Lake City, UT 84114-2477
E-mail: [email protected]
Telephone: (801) 537-9819
J. General Provisions

1. Attorneys’ Fees. Each Party shall bear its own attorneys’ fees and costs incurred in connection with the Litigation, mediation and settlement proceedings relating to the Ordinance. In any future dispute arising out of or related to the enforcement of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.

2. Retention of Rights. Other than as expressly set forth in this Agreement, the Parties retain all rights under existing law.

3. Parties’ Acknowledgment of Terms. Each Party hereby represents that it has carefully and fully read and reviewed this Agreement and that it has had an opportunity to consult with its respective counsel, and hereby represents that the contents of this Agreement are understood and accepted.

4. Interpretation and Applicable Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of California without regard to principles of conflicts of law.

5. Assignment. All the rights, duties and obligations set forth in this Agreement shall inure to the benefit of and be binding upon the Parties and their successors and assigns.

6. Counterparts. This Agreement may be executed in one or more counterparts, all of which together shall constitute one original agreement. Telecopy, electronic, and/or facsimile copies of original signatures shall be deemed to be originally executed counterparts of this Agreement.

7. Headings. The headings used in this Agreement are for convenience of reference and shall not be used to define any provision.

12 8. Entire Agreement In Writing. This is an integrated agreement. This Agreement, including Exhibits A through D to this Agreement, constitutes the entire agreement between the Parties hereto with respect to the subject matter set forth herein and supersedes all previous or contemporaneous negotiations, commitments (oral or written), and writings with respect to the subject matter set forth herein.

9. Modification or Amendment. This Agreement and each of its provisions may be modified or amended only by written agreement executed by all Parties to this Agreement.

10. No Representations or Warranties. This Agreement is given voluntarily, free of undue influence, coercion, duress, menace, or fraud of any kind. Except as otherwise expressly set forth in this Agreement, no Party, nor any officer, agent, employee, representative, or attorney of or for any Party, has made any statement or representation to any other Party regarding any fact relied upon in entering this Agreement, and no Party is relying upon any statement, representation, or promise of any other Party, nor of any officer, agent, employee, representative, or attorney of or for any Party, in executing this Agreement or in making the settlement provided herein, except as expressly stated in this Agreement.

11. Negotiated Agreement. The Parties acknowledge they have negotiated this Agreement and agree that the terms shall not be construed against the Party preparing it, but instead shall be construed as if the Parties jointly prepared this Agreement. Any uncertainty or ambiguity shall not be interpreted against any one Party.

12. Authority. Each of the persons signing this Agreement on behalf of a Party represents and warrants that he or she has actual authority and capacity to execute this Agreement on behalf of the Party and to bind it to all the terms of this Agreement.

13. Agreement Admissible. The Parties agree this Agreement is admissible in any action to enforce the Agreement.

14. No Admission. This Agreement and its terms and conditions, and any proceedings under this Agreement, are for settlement of disputed claims and are not intended to be, and shall not in any event be construed or deemed to be, an admission or concession on the part of the Parties, or any of them, of any liability or wrongdoing whatsoever. By agreeing to the language of the Proposed Amendment and the terms and conditions of this Agreement, neither Levin, Wolverine nor Phillips 66 agrees, admits or concedes that coal or petcoke transport, storage and/or handling pose any health hazards. Neither this Agreement nor any negotiations or proceedings in pursuance of this Agreement shall be offered or received in any action or proceeding as an admission or concession of liability or wrongdoing of any nature on the part of the Parties, or any of them, or anyone acting on their respective behalves.

15. Effective Date. Subject to and following City Council approval, the Effective Date of this Agreement shall be the last date of signature of the persons authorized to sign on behalf of each respective Party below, pursuant to Section J.12 herein.

Nov. 9, 2021

EXHIBIT A – SETTLEMENT AGREEMENT

LEVIN RICHMOND TERMINAL DUST CONTROL MEASURES
During the amortization period set forth in the Proposed Amendment, and subject to the terms and conditions of the Settlement Agreement, Levin agrees to continue existing dust control measures, and implement the additional dust control measures set forth herein, for storage and handling of coal and petcoke at the Terminal.

A. Subject to the City’s adoption of the Proposed Amendment, and subject further to the terms and conditions of the Settlement Agreement, Levin shall implement the following additional dust control measures for coal and petcoke operations at the Terminal, and shall maintain such additional dust control measures for coal and petcoke operations at the Terminal through December 31, 2026:

1. Direct transloading of coal: Commencing upon the City’s adoption of the Proposed Amendment, when coal train deliveries and vessel arrivals reasonably permit, Levin shall transfer coal directly from the rail unloading facility via conveyor and shiploader into the holds of receiving vessels. At all other times, Levin shall temporarily store coal in a stockpile in accordance with the terms and conditions set forth below.

2. Canopy over rail unloading facility conveyors: Within thirty (30) days of the City’s adoption of the Proposed Amendment, Levin shall apply for the necessary building permit and design review approvals to cover and enclose the four conveyors on the east side of the rail unloading facility on the north, east and south sides by gray fabric designed for wind speed and dust reduction fitted over a tubular steel/z-bar truss structure. For illustrative purposes, a conceptual drawing of this canopy is attached to this Exhibit A as Attachment 1.

3. Wind fences for stockpiles: Within thirty (30) days of the City’s adoption of the Proposed Amendment, Levin shall apply for the necessary building permit and design review approvals to install and maintain wind fences, consisting of a six (6) foot high chain link fence covered with gray wind reduction fabric along the northern portions of existing stockpile wind buffer containers. For illustrative purposes, a photograph of an installed section of wind fence is attached to this Exhibit A as Attachment 2.

4. Conveyor scraper maintenance: Commencing upon the City’s adoption of the Proposed Amendment, Levin shall (1) implement and/or maintain scrapers at the point of return of each conveyor segment used to handle coal; and (2) remove material that has accumulated below the scrapers after completion of each ship loading event.

5. Supplemental conveyor area sweeping: Commencing within four (4) months of the City’s adoption of the Proposed Amendment, Levin shall supplement existing mechanical and manual sweeping with additional sweeping, as needed, for any accumulated coal beneath each conveyor segment no later than 24 hours after completion of each ship loading event. Levin shall continue to comply with all BAAQMD regulations applicable to the Terminal and shall make its BAAQMD Bulk Material Site

Monitoring reports (Regulations 6-1 and 6-6) available to the City for inspection as set forth in the Inspection Protocol attached to the Settlement Agreement as Exhibit D.

6. Petcoke cell wind buffers: Commencing within six (6) months of the City’s adoption of the Proposed Amendment, Levin shall increase the height of the top of the two sides of the petcoke conveyor cells that are positioned perpendicular to the vessel to be twelve (12) feet above ground surface.

7. Additional water misters for stockpiles:
(a) Commencing within six (6) months of the City’s adoption of the Proposed Amendment, a minimum of 50 high pressure MicroCool (or equivalent) water misters shall be fitted and maintained along of the top of, and/or spanning across, the existing coal stockpile wind buffer containers. (b) Commencing within six (6) months of the City’s adoption of the Proposed Amendment, a minimum of 50 high pressure MicroCool (or equivalent) water misters shall be fitted and maintained along the top of, and/or spanning across, the existing petcoke stockpile wind buffer containers.

8. Additional water misters in rail car unloading facility: Commencing within six (6) months of the City’s adoption of the Proposed Amendment, a minimum of 45 additional high pressure MicroCool (or equivalent) water misters shall be fitted and maintained within the existing rail car unloading facility.

9. Procedures for mister operation during business operations: Levin shall implement and maintain the following procedures for operation of water misters:
(a) Water misters in the rail car unloading facility shall be operated continuously during unloading of coal from rail cars; (b) Except during rain events, water misters at conveyor transfer points shall be operated continuously during movement of coal or petcoke on conveyors;
(c) Except during rain events, water misters at stockpiles shall be operated continuously during movement of coal or petcoke from stockpiles to conveyors or vessels;
(d) Except during rain events, water misters at stockpiles shall be operated during business operations when the 30-minute average wind speed exceeds 18 miles per hour, as measured at the Terminal’s meteorological station; (e) Terminal personnel shall observe water misters during operation and shall promptly repair or replace any misters that appear to be clogged or otherwise not functioning properly; and

(f) “Rain events,” as used herein, shall mean detectable precipitation as measured at the Terminal’s meteorological station.

10. Suspension of ship loading during high wind events: Ship loading operations shall be suspended if the 30-minute average wind speed exceeds 18 miles per hour, until the 30-minute average wind speed falls below 18 miles per hour, as measured at the Terminal’s meteorological station. Levin shall document and keep records of any instances when ship loading operations are suspended pursuant to this provision (“Suspension Events”). No later than January 31st of each calendar year, commencing January 31, 2023 and continuing through January 31, 2027, Levin shall provide the City with the date, time, and 15-minute (or lower) average wind speed data in a Microsoft Excel digital file for the preceding calendar year and with a list of any Suspension Events during the preceding calendar year.

B. Levin shall continue to maintain existing dust control measures for coal and petcoke handling and storage at the Terminal through December 31, 2026:

1. Enclosed rail car unloading facility: Unloading of coal from rail cars at the Terminal shall be conducted within the existing rail car unloading facility.

2. Covered conveyors with water misters: Existing covers on conveyors at the Terminal, and existing water misters at conveyor transfer points, shall be maintained, repaired and replaced as necessary.

3. Wind buffers around stockpile areas: Shipping containers shall be maintained to serve as wind buffers and to contain the coal stockpile and petcoke stockpile at the Terminal.

4. Sweeping of Terminal and adjacent areas: Sweeping of paved areas within the Terminal and on immediately adjacent streets shall be performed daily during business operations, utilizing a regenerative air sweeper and/or a PM10 brush model sweeper. Levin shall also comply with all other sweeping provisions in its adopted Stormwater Pollution Prevention Plan (“SWPPP”).

5. Clamshell bucket maintenance: Levin shall continue to use welding to add metal as a sacrificial material along the edges of the clamshell buckets used to transfer petcoke from the conveyor cell to vessels, in accordance with the Clamshell Bucket Maintenance Procedure attached hereto as Attachment 3.

ATTACHMENT 1 – CONCEPTUAL DRAWING OF CANOPY
EXHIBIT A – SETTLEMENT AGREEMENT

LEVIN RICHMOND TERMINAL DUST CONTROL MEASURES
 Canopy enclosing conveyors at rail car unloading facility would be approximately 57 feet wide, 37 feet long, and 26 feet high, consistent with adjacent structures  Structure would be tubular steel and z-bar truss covered with a gray wind reduction fabric  End of canopy to be partially enclosed with fabric for additional wind and dust control  Canopy would be removable to facilitate maintenance when conveyors are not operating

ATTACHMENT 2 – ILLUSTRATIVE PHOTO OF WIND FENCES
EXHIBIT A – SETTLEMENT AGREEMENT

LEVIN RICHMOND TERMINAL DUST CONTROL MEASURES
Wind fences to be installed along northern portions of existing stockpile wind buffer containers.  Six foot high chain link fence on existing containers  Fabric covering designed for wind and dust reduction

ATTACHMENT 3 – CLAMSHELL BUCKET MAINTENANCE PROCEDURE
EXHIBIT A – SETTLEMENT AGREEMENT

LEVIN RICHMOND TERMINAL DUST CONTROL MEASURES
After installing the Clamshell bucket the Crane Operator shall operate the bucket, opening and closing it while the Oiler inspects it for smooth mechanical operation and full closure of the bucket. Particular attention shall be paid to the sealing edges or “lips” on the bucket to determine that no gap greater than 1/32 of an inch exists on the closure face. The width of the lip of each bucket is a 1/4 of an inch or greater flat surface that matches with the lip on the other half of the bucket. The typical edge closure does not allow light to be seen through the closed lips.

At the start of each shift and during the lunch break, the bucket shall be lubricated and inspected by the Oiler for leaks and complete closure at the lips.

During operation, the clamshell bucket shall not be overfilled such that material spills out the top. If necessary, the Crane Operator shall adjust the load by partially opening and closing the bucket before leaving the contained material pile being transferred. If the Crane Operator observes material dropping from the bucket, the bucket must be replaced with a fully serviced bucket or repaired in place before continuing operations.

When the clamshell bucket is removed from the crane, it shall be serviced before being stored for future use. Servicing includes placing the bucket on the service rack and inspection of the mechanical and hydraulic components by the crane crew. The fabrication shop crew shall then inspect and repair the bucket lips as needed at the closure surfaces.

The fabrication shop crew shall pay particular attention to the corners of the bucket since these surfaces experience the most wear. In operation loading calcined coke, the bottom of the bucket lips and the corners are ground down by repeated bucket closure on the concrete pad. The fabrication shop crew typically spends one or more shifts, after each ship loading, welding and grinding clamshell bucket lips to ensure a tight seal when the bucket is closed.

EXHIBIT B – SETTLEMENT AGREEMENT
WOLVERINE’S DUST CONTROL MEASURES
During the amortization period set forth in the Proposed Amendment, and subject to the terms and conditions of the Settlement Agreement, Wolverine agrees to continue existing dust control measures and implement the additional dust control measures set forth herein for rail shipments of coal to the Terminal:

A. Crown Products & Services (“Crown”) currently applies Crown PDC 8020 to coal as it is being loaded into rail cars in Utah to reduce coal dust emissions. The Crown PDC 8020 acts as a binding agent to mitigate airborne dust and keep coal particles from escaping during the loading process. Wolverine will continue this practice during the amortization period, utilizing Crown PDC 8020 or an equivalent dust suppression product, subject to the terms and conditions of the Settlement Agreement.

B. As a further dust suppression measure to be undertaken during the amortization period and subject to the terms and conditions of the Settlement Agreement, Wolverine will ensure that Crown PDC 8020 or an equivalent dust suppression product will be applied to the top of each loaded rail car to “blanket” the coal, further minimizing coal dust emissions during transport of the coal to Levin Richmond Terminal in Richmond, California. The rail car topping product will be applied in a manner and amount to be industry standard and effective.

36087\14410587.1
EXHIBIT C – SETTLEMENT AGREEMENT
PHILLIPS 66’S DUST CONTROL MEASURES
During the amortization period set forth in the Proposed Amendment, and subject to the terms and conditions of the Settlement Agreement, Phillips 66 agrees to continue existing dust control measures for shipments of petroleum coke to the Terminal:

A. Phillips 66 currently applies an industrial oil to petroleum coke destined for delivery to the Terminal. The purpose of the industrial oil is to act as a binding agent to mitigate airborne dust and keep petroleum coke particles from becoming airborne. The industrial oil is applied to the petroleum coke as it leaves the cooler at the Phillips 66 Carbon Plant.

B. Additionally, Phillips 66 monitors the moisture content of lump shipments of petroleum coke and adjusts the industrial oil treatment accordingly, sometimes applying an additional dust treatment as the petroleum coke is loaded into the trucks at the Phillips 66 Carbon Plant.

C. Trucks carrying petroleum coke to the Terminal include tarping during transportation.

Phillips 66 will continue these practices during the amortization period, subject to the terms and conditions of the Settlement Agreement.

EXHIBIT D – SETTLEMENT AGREEMENT

INSPECTION PROTOCOL FOR LEVIN RICHMOND TERMINAL
Inspections of the Terminal pursuant to Section C.6 of the Settlement Agreement (“Inspections” or “Inspection”) shall be conducted as follows:

A. Notice and Scheduling of Inspections

1. Up to three (3) times per year during the amortization period, the City may request that Levin provide the City with all dates during the next thirty (30) days when Levin anticipates the Terminal will be actively conducting coal or petroleum coke (“petcoke”) ship loading operations (“Ship Loading Operations”). Within three (3) business days of receiving such request, Levin shall respond with the most accurate information regarding Ship Loading Operations available for the next thirty (30) day period. Within three (3) business days of receiving Levin’s response, the City shall provide Levin with notice of the date(s) proposed for the Inspection(s).

2. The City shall notice each Inspection to occur during business hours of 8:00 a.m. to 3:00 p.m., Monday through Friday, excluding holidays.

3. The City shall provide further notice twenty-four (24) hours prior to the start of each Inspection, except that if City notices an Inspection for the business day following a weekend or holiday, City shall provide notice 24 hours before the end of the business day preceding such weekend or holiday.

4. For Inspections during the amortization period, if Levin learns that Ship Loading Operations will not be occurring during the date and time noticed by the City for an Inspection, Levin shall notify the City as soon as possible. In that event, Levin shall provide the City with all dates within the next thirty (30) days that Levin anticipates Ship Loading Operations will be occurring at the Terminal. The City may, in its discretion, elect to proceed with the Inspection as previously noticed or may reschedule the Inspection for one of the dates provided by Levin. In the event the City elects to reschedule, the City shall promptly notify Levin that it will not be proceeding with the originally noticed Inspection and shall provide Levin with the notices required under Sections A.1-A.3 above for the newly selected date and time.

5. Levin and the City shall make good faith, reasonable efforts to schedule dates and times for the Inspections on the dates noticed by the City.

6. For the Inspection after the amortization period, the City shall provide Levin with notice of a proposed Inspection at least ten (10) days prior to the proposed Inspection. Within three (3) business days of receiving such notice, Levin shall respond with any comments on the proposed date and time for the Inspection and, if necessary, shall propose alternative dates and times. Within three (3) days of receiving such response, the City shall provide notice of an Inspection from among the alternative dates and times identified by Levin. The City shall provide further notice as set forth in Section A.3 above.

7. Formal notices, requests, and responses pursuant to this Section A shall be provided between Levin and the City as described in Section I of the Settlement Agreement. The City and

Levin representatives identified in Section I of the Settlement Agreement may also communicate in good faith via telephone and email in order to schedule Inspections.

B. Attendees and Safety Measures

1. When it notices an Inspection, the City shall provide the names of the City officials, employees, counsel and/or consultant (“City Representatives”) who will attend the Inspection. No more than three (3) City Representatives may attend any given Inspection on behalf of the City.

2. City Representatives attending the inspection shall:
a. Provide valid, government-issued photo identification (e.g., valid California driver’s license) at the Terminal security office and sign in prior to the beginning of the Inspection;
b. Wear fully enclosed shoes during the Inspection, as well as safety gear provided by Levin, including safety vests, hard hats, safety glasses, and ear plugs; c. Follow necessary safety and security protocols as directed by Levin, remain with the Levin representative during the Inspection, and comply with the instructions of the Levin representative during the Inspection;
d. Observe all applicable COVID safety protocols while at the Terminal and during the Inspection, including any applicable requirements for face masks and/or social distancing, which shall be the sole responsibility of the City Representatives; and
e. Refrain from smoking at the Terminal and during the Inspection.

3. City Representatives may have brief, private conversations during the Inspection, at sufficient distance to be out of earshot but within view of the Levin representative and at a location deemed safe by the Levin representative. The time used for these conversations shall be included within the total duration allotted for the Inspection.

C. Scope and Conduct of Inspection

1. The City shall make reasonable efforts to minimize the time it takes to complete its Inspection. In no event shall an inspection last longer than two (2) hours.

2. The City’s Inspection may include viewing of the following areas and facilities at the Terminal, subject to safety requirements determined by Levin:
a. Rail unloading facility;
b. Water misters in rail car unloading facility;
c. Rail unloading facility conveyors;
d. Canopy over rail unloading facility conveyors;

e. Conveyor scrapers at point of return of each conveyor segment used to handle coal;
f. Covered conveyors used to handle coal and/or petroleum coke, including water misters at conveyor transfer points;
g. Outdoor areas beneath conveyor segments and along conveyor paths; h. Clamshell buckets;
i. Petcoke conveyor cells;
j. Wind buffer containers around stockpile areas, including any wind fences along northern portions of stockpile wind buffer containers; k. Water misters for stockpiles;
l. Meteorological station, including the station itself and the location where meteorological data from the station is viewed and/or interpreted; m. Any areas and facilities used for the maintenance and cleaning of the facilities and equipment listed above, including paved areas subject to sweeping operations at the Terminal;
n. All other outdoor areas of the Terminal reasonably related to coal and/or petcoke storage and handling operations and
o. The Terminal’s BAAQMD Bulk Material Site Monitoring Reports (Regulations 6-1 and 6-6), pursuant to Section A.5 of Exhibit A to the Settlement Agreement.

3. Levin shall have no obligation to cease operations during any Inspection, or to allow City Representatives to observe operations from locations deemed by Levin to pose safety issues.

4. The City’s Inspection may include the taking of photographs and/or video of discrete facilities within the Terminal. Photographs and/or video taken by City Representatives during the Inspection may be used solely for the purposes of verifying compliance or non-compliance with, and enforcing the terms of, the Settlement Agreement and shall not be published or disclosed to third parties except as provided under Section C.5 below. The City shall provide Levin with any photographs and/or videos taken by City Representatives during the Inspection within five (5) days of such Inspection.

5. The City and Levin agree that photographs and/or video taken during Inspections may be admissible in any action to enforce the terms of the Settlement Agreement.

RESOLUTION NO. 21-23

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RICHMOND

RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF RICHMOND ADOPT AN ORDINANCE AMENDING ARTICLE 15.04.615 TO EXTEND THE

AMORTIZATION PERIOD FOR NONCONFORMING LAND USES RELATED TO THE

STORAGE AND HANDLING OF COAL AND PETROLEUM COKE TO DECEMBER 31,2026
WHEREAS, on February 4, 2020, the City Council adopted Ordinance No. 05-20 N.S. ("Ordinance"), adding Article 15.04.615 to the Richmond Municipal Code ("RMC"), prohibiting the storage and handling of coal and petroleum coke within the City effective March 5, 2020, and providing a 3-year "amortization period" for continued storage and handling of coal and petcoke at existing facilities;
WHEREAS, at the time of adoption of the Ordinance and at present, the Levin- Richmond Terminal is the only known existing facility in the City of Richmond that stores and handles coal and petcoke;
WHEREAS, in March 2020, Levin and two companies shipping coal and petroleum coke through the Levin Terminal (together, the "Companies") filed a total of five lawsuits in state and federal courts challenging Ordinance No. 05-20 N.S.; WHEREAS, the City successfully defended the two cases before the state trial court, and one of those two cases is currently before the Court of Appeal; WHEREAS, the three federal court cases remain pending;
WHEREAS, in early 2021, the City and the Companies participated in a mediation before a retired federal judge, and thereafter engaged in settlement discussions, which culminated in a settlement agreement to potentially resolve the litigation;
WHEREAS, the settlement agreement was fully executed and became effective on November 12, 2021;
WHEREAS, the settlement agreement provides that City staff shall present an amendment to RMC Article 1 5.04.615 to the Planning Commission and City Council for their consideration;
WHEREAS, the proposed amendment, if adopted, would extend the amortization period from March 5, 2023, to December 31, 2026;
WHEREAS, if the City Council adopts the proposed amendments, the Companies would take various actions, including dismissing the litigation, waiving Levin's ability to seek an extension to the amortization period, and implementing a series of additional dust control measures to reduce pollution from their operations during the amortization period;
1436534.2 1 of 4 Resolution No. 19-29

WHEREAS, Article Xl, Section 5 of the California Constitution provides that the City, as a home rule charter city, has the power to make and enforce all ordinances and regulations with respect to municipal affairs, and Article Xl, Section 7, empowers the City to enact measures that protect and promote the health, safety, and/or welfare of its citizens;
WHEREAS, Article II, Section 1, Paragraph 6 of the Charter of the City of Richmond states that the City shall have and exercise police powers, make all necessary police and sanitary regulations, and adopt ordinances and prescribe penalties for the violation thereof;
WHEREAS, on December 2, 2021, the Planning Commission held a duly and properly noticed public hearing to consider a recommendation to the City Council on the proposed amendment to Chapter 15.04.615 of the Richmond Municipal Code shown in Exhibit A to this Resolution and incorporated herein by reference; and WHEREAS, the Planning Commission has considered the agenda report, all public comments, and the proposed amendment to Chapter 15.04.615 as set forth in Exhibit A of this Resolution and the applicable provisions of the Richmond Municipal Code ("the Record");
NOW THEREFORE BE IT RESOLVED, that the Planning Commission hereby recommends that the City Council adopt an ordinance amending Article 15.04.615 to extend the amortization period for nonconforming land uses related to the storage and handling of coal and petroleum coke to December 31, 2026, and makes the following findings as required by RMC Section 15.04.814.050:

A. The proposed amendment is consistent with the General Plan.

Supporting Statement of Fact: Criteria Satisfied. The proposed ordinance is consistent with and supports the goals outlined in the Health and Wellness Element of the City's General Plan. For example, the ordinance supports Goal HW9: Improved Environmental Quality. Under this goal, the City shall "[c]ontinue to support: projects that improve the quality of built and natural environments to support a thriving community and to reduce disparate health and environmental impacts, especially to low-income and disadvantaged communities. Clean air, water and soil, and a healthy eco-system are critical for human development and contribute to reduced toxic exposure, incidence of disease and environmental degradation." The proposed ordinance supports this goal because the additional dust control measures it would trigger would reduce particulate matter emissions and toxic exposure, thus promoting clean air and reducing the pollution burdens borne disproportionately by individuals living and working near certain industrial areas and rail lines. Further, the proposed ordinance supports this goal by eliminating the risk that the phase-out of coal and petroleum coke storage and handling would be invalidated in litigation and thus never take effect.

B. The proposed amendment is necessary for public health, safety, and general welfare or will be of benefit to the public.
1436534.2 2 of 4 Resolution No. 19-29

Supporting Statement of Fact: Criteria Satisfied. The Planning Commission finds that the proposed ordinance is necessary for public health, safety, and welfare, and will be of benefit to the public. Specifically, the Planning Commission finds that the proposed ordinance and the provisions of the settlement agreement that it would trigger would reduce particulate matter emissions by requiring the implementation of additional dust control measures, and that it would eliminate the risk that the phase-out of coal and petroleum coke storage and handling would be invalidated in litigation and thus never take effect. Further, the proposed amendments would provide the Levin Terminal with additional time to transition to other, less polluting commodities. By facilitating this transition, the proposed amendments would lead to the retention of jobs at the Levin Terminal and corresponding economic benefits.

C. The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.

Supporting Statement of Fact: Criteria Satisfied. The proposed ordinance is exempt from the California Environmental Quality Act ("CEQA"), First, it is not a Project under CEQA and is therefore exempt pursuant to CEQA Guidelines section 15378. Second, it is exempt from CEQA pursuant to CEQA Guidelines sections 15301 (operation, permitting, or minor alteration of existing private facilities involving negligible or no expansion of existing or former use), 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).

D. For a change to the Zoning Maps, that the subject property is suitable for the uses permitted in the proposed zone in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations, and that the proposed change of zoning district is not detrimental to the use of adjacent properties.

Supportino Statement of Fact: Criteria Satisfied. The proposed amendments do not involve a zoning map change. The Zoning Amendments are only changes to the Zoning Ordinance text.

NOW THEREFORE BE IT RESOLVED, that the Planning Commission hereby recommends to the City Council that it adopt an ordinance amending Article 15.04.615 of the Richmond Municipal Code as shown in Exhibit A to this Resolution to extend the amortization period for nonconforming uses related to coal and petroleum coke storage and handling to December 31 ,2026.

I HEREBY CERTIFY that the foregoing Resolution was adopted by the Planning Commission of the City of Richmond at a regular meeting held on December 2, 2021.

Ayes:

Noes:
1436534.2 3 of 4 Resolution No. 19-29

Absent:

Abstain:

David Tucker
Planning Commission Chair
Approved as to Form:
^-L^-
Jgrfi^§ Atencio
lior Assistant City Attorney
Attachment: Exhibit A: Article 15.04.615, as amended
1436534.2 4 of 4 Resolution No. 19-29

February 1, 2022

Economic Development

DATE: February 1, 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)
2022-1-11(sr)(IO) COMMUNITY BENEFITS
POLICY.docx
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)
ADOPT an ordinance (second reading) for a city-wide
community benefits policy – City Manager’s Office
(Shasa Curl 510-620-6512).

AGENDA
REPORT

February 1, 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

February 1, 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

February 1, 2022

Finance Department

DATE: February 1, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Belinda Brown, Director of Finance
Delmy Cuellar, Accounting Manager

Subject:
(This will appear on the agenda)
Investment and Cash Balance Report for the Month of
December 2021
FINANCIAL IMPACT: None.

PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
N/A

STATEMENT OF THE
ISSUE:

Staff is requesting that the City Council receive the City’s Investment and Cash Balance Report for the month of
December 2021.

RECOMMENDED ACTION:
(This will appear on the agenda)
RECEIVE the City’s Investment and Cash Balance
Report for the month of December 2021 – Finance
Department (Belinda Brown 510-620-6740).

DISCUSSION:

AGENDA
REPORT

February 1, 2022
The Investment and Cash Balance Report is a monthly report of the City’s pooled cash balance. The Portfolio Management Report represents the monthly bank balances, along with market balances of permitted investments according to the City’s Investment Policy. Investment in the Local Agency Investment Fund (LAIF), money market, agency bonds, certificates of deposits, and corporate notes are all allowable and permitted according to the FY2020-2021 Investment Policy.

DOCUMENTS ATTACHED:

Attachment 1 – Investment and Cash Balance Report for December 2021

February 1, 2022

Human Resources

DATE: February 1, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Anil Comelo, Interim Deputy City Manager
Subject:

Resolution amending the salary schedule for Police
Chief, City Clerk, and Director of Information Technology Classifications
FINANCIAL IMPACT: There is no fiscal impact for Fiscal Year 2021-2022

PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
On November 23, 2021, the City Council approved
several of the Fiscal Year 2021-2022 multi-year
comparative position listings; and AMENDED the salary
schedule to implement a limited number of the city
manager's reorganization for specific City departments - Human Resources Management Department (Marc Fox
510-620-6600). This item was previously continued from
the October 5, 19, and November 16, 2021, meetings.

STATEMENT OF THE
ISSUE:

The City Council’s authorization is required to establish equitable salary ranges for executive management
classifications.

RECOMMENDED ACTION:

ADOPT a resolution amending the City’s salary schedule
to revise the salary ranges for City Clerk, Director of Information Technology, and Police Chief – Human
Resources Department (Anil Comelo/Sharrone Taylor
510-620-6600).

AGENDA
REPORT

February 1, 2022
DISCUSSION:

On November 23, 2021, the City Council adopted new job titles that created Deputy Director positions in various departments. During the meeting, there was discussion pertaining to filling positions promptly to meet the needs of the community and departments, and direction given for staff to return to the City Council with an equity analysis. The goal of an equity analysis is to help assess and correct disparities among employees who perform similar work (includes but not limited to similar skills, knowledge, effort, responsibility, and working conditions).

Since the Interim City Manager was appointed, there has been a renewed focus on trying to recruit employees that provide direct services to residents and are members of SEIU Local 1021, Mid-Management IFPTE Local 21, and public safety positions. In addition, several executive positions remain vacant such as the Deputy City Manager, Community Engagement Manager, and Assistant Fire Chief, which contribute to the projected salary savings in the Fiscal Year 2021-2022 budget of four percent (approximately $5.3 million).

Human Resources Department staff conducted an analysis of the positions within the executive classification and are bringing forth proposed revisions to the salary ranges for the Director of Information Technology, City Clerk, and Police Chief to ensure parity with classifications and current market conditions. The salary ranges for City Clerk and Director of Information Technology have not been adjusted since 2015. The Police Chief salary range was adjusted in 2020; however, it did not fully address compaction issues between the Assistant Police Chief and Police Chief salary ranges.

Approval of the new proposed salary ranges does not automatically equate to increases in compensation. Any increases in salaries for these positions will be based on merit and performance. Based on the current market data derived from a current market study (detailed in the tables below), the proposed salary ranges will increase as follows:

 City Clerk will result in a 10.2 percent top of range increase;  Director of Information Technology will result in an 18.9 percent top of range increase; and
 Police Chief will result in a 4.95 percent top of range increase.

Human Resources staff utilized the following twelve (12) public sector employers as part of the market data comparisons for the three (3) executive positions:

February 1, 2022

Market Data for the City Clerk Salary Range:

Peer Matching Title
Pay
Range
Minimum
Pay
Range
Midpoint
Pay Range
Maximum
City of Alameda City Clerk $203,599 $203,599 $203,599
City of Antioch No Match N/A N/A N/A
City of Berkeley City Clerk $161,990 $192,339 $222,688
City of Concord City Clerk $110,469 $131,177 $151,886
City of Fremont City Clerk $122,319 $143,725 $165,130
City of Hayward City Clerk $140,826 $140,826 $140,826
City of Napa City Clerk $129,630 $143,115 $156,599
City of Oakland City Clerk $168,171 $187,318 $206,465
City of San Leandro City Clerk $125,238 $138,723 $152,208 City of San Ramon City Clerk $117,409 $136,781 $156,154 City of Vallejo City Clerk $117,615 $130,288 $142,960
City of Walnut Creek City Clerk $116,204 $139,444 $162,685 Peer Market Average $137,588 $153,394 $169,200
City of Richmond City Clerk $97,044 $125,760 $154,476

The proposed range for the City Clerk is Grade 3.1 - $108,288 - $172,368/annually.

Staff is proposing that this range move from the 2.1 grade to the 3.1 grade.

Market Data for the Director of Information Technology:

Peer Matching Title Pay Range
Minimum
Pay Range
Midpoint
Pay Range
Maximum
City of Alameda Information Technology Director $177,757 $196,912 $216,067 City of Antioch Information Systems Director $127,655 $141,412 $155,168

February 1, 2022
City of Berkeley Director of Information Technology $161,990 $192,339 $222,688 City of Concord Director of Information Technology $158,658 $188,400 $218,142 City of Fremont Information Technology Services Director $183,524 $215,641 $247,758 City of Hayward Director of Information Technology/CIO $186,246 $206,310 $226,375 City of Napa No Match N/A N/A N/A
City of Oakland Director of Information Technology $151,359 $189,198 $227,038 City of San
Leandro Chief Technology Officer $159,845 $177,065 $194,285 City of San
Ramon Information Technology Director $174,874 $203,991 $233,107 City of Vallejo Information & Technology Director $158,234 $175,284 $192,334 City of Walnut
Creek Chief Information Officer $141,530 $168,106 $194,683 Peer Market
Average $161,970 $186,787 $211,604
City of
Richmond Information Technology Director $108,288 $140,328 $172,368 The proposed range for the Director of IT is 5.1 - $128,736 – $204,936/annually. This new range would place the IT Director classification in the same range as other department directors. Staff is proposing that this range move from the 3.1 grade to the

5.1 grade.

Market Data for the Police Chief Salary Range:

Peer Matching Title Pay Range
Minimum
Pay
Range
Midpoint
Pay Range
Maximum
City of Alameda Chief of Police $236,112 $261,554 $286,995 City of Antioch Police Chief $202,231 $224,022 $245,813 City of Berkeley Police Chief $178,414 $211,800 $245,185 City of Concord Chief of Police $187,292 $228,839 $270,386 City of Fremont Police Chief $219,727 $262,815 $305,903 City of Hayward Chief of Police $190,707 $211,249 $231,790

February 1, 2022
City of Napa Police Chief $215,657 $238,107 $260,557
City of Oakland Chief of Police $240,220 $273,763 $307,306 City of San Leandro Police Chief $214,180 $237,254 $260,328 City of San Ramon Police Chief $174,874 $203,991 $233,107 City of Vallejo Police Chief $213,366 $236,356 $259,347 City of Walnut Creek Police Chief $174,807 $208,258 $241,709 Peer Market Average $203,966 $233,167 $262,369
City of Richmond Police Chief $148,056 $191,868 $235,680 The proposed range for Police Chief is Grade 5.8 - $203,966 - $262,369/annually. Staff is proposing that this range move from the 5.7 grade to the new 5.8 grade.

NEXT STEPS:

Staff recommends the amendment of the salary schedule to include the wages and salaries for these classifications.

Accordingly, the attached resolution will adjust the salary ranges for these classifications in the following manner:

Classification Current
Grade
Current Annual
Range
New
Grade
New Annual Range Unit
City Clerk 2.1 $97,044 – 154,476 3.1 $108,288 – $172,368 Executive Director of
Information
Technology

3.1 $108,288 – 172,368 5.1 $128,736 – $ 204,936 Executive Police Chief 5.7 $162,864 – 249,996 5.8 $203,966 – $262,369 Executive

Please note that employees in these classifications will not receive automatic, across - the-board salary increases pursuant to this action. Instead, the supervising authority will determine, based on employee performance, which, if any, of the employees in t hese classifications will receive a merit salary increase.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution Amending the Salary Schedule

RESOLUTION NO. _____

RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA

AMENDING THE SALARY SCHEDULE

WHEREAS, the Department of Human Resources maintains the classification and salary schedule on behalf of the City; and

WHEREAS, the City wishes to amend the salary schedule and such amendments are supported by the City Manager.

NOW, THEREFORE BE IT RESOLVED, that effective February 1, 2022, the Salary Schedule is hereby revised as follows and the Director of Human Resources shall publicly post the revised Salary Schedule.

Job Classification Range Step 1,
or Min.

Step 2 Step 3 Step 4 Step 5,
or Max.

FLSA Unit
City Clerk 3.1 $9,024 $14,364 Exempt Executive
Director of Information Technology 5.1 $10,728 $17,078 Exempt Executive Police Chief 5.7 $16,997 $21,864 Exempt Executive
-----------
I hereby 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:

_____________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)

Approved:

____________________
Mayor

Approved as to form:

____________________
City Attorney

February 1, 2022

Mayor's Office

DATE: February 1, 2022
TO: Members of the City Council
FROM:

Tom Butt, Mayor

Subject:

Black History Month – February 2022
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Observing Black History Month celebrates countless
contributions made by African Americans in all aspects of our country’s fabric, including but not limited to business, education, politics, military, science, and the arts.

RECOMMENDED ACTION:

PROCLAMATION declaring February 2022 as Black
History Month in the City of Richmond – Mayor’s Office
(Mayor Tom Butt 510-620-6503).

DISCUSSION:

In 1926, Carter G. Woodson and the Association for the Study of African American Life and History recognized Black History Week to honor the contributions, achievements, AGENDA
REPORT

February 1, 2022
and involvement of African-Americans in the development of the United States. In 1970, black educators and the Black United Students at Kent State University celebrated the first Black History Month, six years before it was celebrated across the country when President Gerald Ford recognized Black History Month during the United States Bicentennial in 1976 where he urged Americans to “honor the too-often neglected accomplishments of Black Americans in every area of endeavor throughout our history.” The Association for the Study of African American Life and History has highlighted “Black Health and Wellness” as the 2022 Black History Month theme and will host a series of virtual programs and events throughout the month. The City of Richmond honors the rich legacy of African Americans who migrated here to work in the shipyards and molded our cultural, economic, and social foundations. The City of Richmond recognizes and honors the resiliency of African Americans who faced generations of racism, discrimination, and unjust working and living conditions and is dedicated to combating racial inequities and institutional racism in order to ensure a just society on the home front of the next greatest generation. The City of Richmond encourages all residents to celebrate the contributions of African Americans in the United States.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation declaring February 2022 as Black History Month in the City of Richmond

February 1, 2022 Page 1 of 2

DATE: February 1, 2022

TO: Members of the City Council

FROM: Mayor Tom Butt

ITEM: BLACK HISTORY MONTH – FEBRUARY 2022

STATEMENT OF THE ISSUE:

Observing Black History Month celebrates countless contributions made by African Americans in all aspects of our country’s fabric, including but not limited to business, education, politics, military, science, and the arts.

RECOMMENDED ACTION:

PROCLAMATION declaring February 2022 as Black History Month in the City of Richmond

FINANCIAL IMPACT:

There is no financial impact related to this item.

DISCUSSION:

In 1926, Carter G. Woodson and the Association for the Study of African American Life and History recognized Black History Week to honor the contributions, achievements, and involvement of African-Americans in the development of the United States. In 1970, black educators and the Black United Students at Kent State University celebrated the first Black History Month, six years before it was celebrated across the country wh en President Gerald Ford recognized Black History Month during the United States Bicentennial in 1976 where he urged Americans to “honor the too -often neglected accomplishments of Black Americans in every area of endeavor throughout our history.”

The Asso ciation for the Study of African American Life and History has highlighted “Black Health and Wellness” as the 2022 Black History Month theme and will host a series of virtual programs and events throughout the month . The City of Richmond honors the rich legacy of African Americans who migrated here to work in the shipyards and molded our cultural, economic, and social foundations . The City of Richmond

AGENDA REPORT

February 1, 2022 Page 2 of 2

recognizes and honors the resiliency of African Americans who faced generations of racism, discrimination, and unjust working and living conditions and is dedicated to combating racial inequities and institutional racism in order to ensure a just society on the home front of the next greatest generation. The City of Richmond e ncourages all residents to celebrate the contributions of African Americans in the United States.

ATTACHMENT:

Proclamation declaring February 2022 as Black History Month in the City of Richmond

CITY OF RICHMOND, CALIFORNIA

P R O C L A M A T I O N

Declaring February 2022 as Black History Month

WHEREAS, in 1926, Carter G. Woodson and the Association for the Study of African American Life and History recognized Black History Week to honor the contributions, achievements, and involvement of African-Americans in the development of the United States; and

WHEREAS, in 1970, black educators and the Black United Students at Kent State University celebrated the first Black History Month, six years before it w as celebrated across the country when President Gerald Ford recognized Black History Month during the United States Bicentennial in 1976 where he urged Americans to “honor the too-often neglected accomplishments of Black Americans in every area of endeavor throughout our history;” and

WHEREAS, the Association for the Study of African American Life and History has highlighted “Black Health and Wellness ” as the 2022 Black History Month theme and will host a series of virtual programs and events throughout the month; and

WHEREAS, observing Black History Month celebrates countles s contributions made by African Americans in all aspects of our country’s fabric, including but not limited to business, education, politics, military, science, and the arts; and

WHEREAS, the City of Richmond honors the rich legacy of African Americans who migrated here to work in the shipyards and molded our cultural, economic, and social foundations; and

WHEREAS, the City of Richmond recognizes and honors the resiliency of African Americans who faced generations of racism, discrimination, and unjus t working and living conditions and is dedicated to combating racial inequities and institutional racism in order to ensure a just society on the home front of the next greatest generation.

NOW, THEREFORE BE IT RESOLVED , that the Richmond City Council do es hereby declare February 2022 as Black History Month in the City of Richmond and encourages all residents to celebrate the contributions of African Americans in the United States.

___________________________
Mayor Tom Butt
City of Richmond, California
February 1, 2022

February 1, 2022

Police Department

DATE: February 1, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Louie Tirona, Acting Chief of Police

Subject:

Proposed 2-year sole-source contract with T2 Systems
(referred to as “T2”) to provide citation services,
collection services support, and data transfer to California Department of Motor Vehicles.

FINANCIAL IMPACT: Funding will come from the Police Department budget for the period July 1, 2021 through June 30, 2022, in the
amount of $16,176, and the Police Department will
budget accordingly for the period July 1, 2022 through
December 31, 2022, in the upcoming budget cycle
(account string 01191021-400201).

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 Police Department has been using T2 Systems
(“T2”) since 2015, after T2 submitted the lowest bid
during a Request for Proposals. Since then, T2 Systems
has converted hand-written citations to electronic format, managed collections, and communicated with California
(and out-of-state DMVs) to place holds on registration
services for unpaid citations, and to report collections as required by law (Government Code 76000). T2’s contract
is now expired and needs payment for services rendered.

AGENDA
REPORT

February 1, 2022
RECOMMENDED ACTION:

APPROVE a 2-year sole source contract with T2
Systems for an amount not to exceed $50,000, for the
period January 1, 2021, to December 31, 2022 – Police
Department (Louie Tirona 510-621-1802).

DISCUSSION:

T2 Systems won the bid during the Request for Proposals (RFP) process that ended in late 2014. The RFP was put out to bid because the services with the prior vendor, DataTicket, were ending. T2 Systems has been able to streamline our citation process and has alleviated the burden of mailing letters and calling ticketed offenders to collect on past due balances. Additionally, T2 has worked seamlessly with the State of California to report the data collected and lawfully required. Since their prior amended contract ended, T2 Systems has continued with services according to those last approved (which includes the first amendment revision that adds the responsibility that T2 will give customer refunds for any overpayment). T2’s business model is of such that their expenses are deducted from the revenue collected by them – the City receives the excess revenue greater than T2’s expenses; however, the pandemic that started in 2020 drastically lowered the ticketing revenue so much so that T2’s cost for services (i.e. collections) has exceeded the revenue being collected for several months of 2021, and now Richmond Police Department owes T2 for their services that were provided. A new RFP will be submitted prior to December 31, 2022.

DOCUMENTS ATTACHED:

Attachment 1 - T2 Standard Contract with Attachments contract 5913 Attachment 2 - Executed Contract Amendment 12302020
Attachment 3 – Approved Sole Source
Attachment 4 – IT Authorization
Attachment 5 - After the Fact Authorization Form-T2 Systems

CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

PR No: Vendor No: P.O./Contract No:

Description of Services:

The parties to this STANDARD CONTRACT do mutually agree and promise as follows:

1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “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. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.

4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.

7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)

9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.

10. Signatures. These signatures attest the parties' Contract hereto:

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)

Title: By:

I hereby certify that this Contract Title:
has been approved by City Council.

Date Signed:

B y :

City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:

B y :

B y : T i t l e :

City Attorney
Date Signed:

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07

For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:

Police Department

For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF

RICHMOND SHALL NOT PAY FOR SERVICES

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}

1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.

2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.

3. Contractor shall submit timely invoices to the following address:

Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:

PO Box 4046
Richmond, CA 94804-0046

4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.

5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.

6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.

For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.

1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

City of Richmond

Richmond, CA 94804-0046

1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.

2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.

3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,

General Conditions/EJ/TE 01-19-11 2 of 13

import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.

5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.

If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.

6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.

General Conditions/EJ/TE 01-19-11 3 of 13

Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.

Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.

Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.

Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.

General Conditions/EJ/TE 01-19-11 4 of 13

Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.

8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:

Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.

If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.

In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.

9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue

General Conditions/EJ/TE 01-19-11 5 of 13

any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.

City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.

11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

General Conditions/EJ/TE 01-19-11 6 of 13

13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

15. Indemnification.

(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to

General Conditions/EJ/TE 01-19-11 7 of 13

indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section

15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.

16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete

General Conditions/EJ/TE 01-19-11 8 of 13

responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.

18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.

19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.

Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.

Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated

General Conditions/EJ/TE 01-19-11 9 of 13

under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.

The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.

22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.

23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and

General Conditions/EJ/TE 01-19-11 10 of 13

City reserves the right to employ other Contractors in connection with the project.

25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.

26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.

27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.

Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.

28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:

All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.

No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.

General Conditions/EJ/TE 01-19-11 11 of 13

29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."

30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.

This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.

31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.

32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.

33. Interpretation. This Contract shall be interpreted as if drafted by both parties.

34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view

General Conditions/EJ/TE 01-19-11 12 of 13

toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.

37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.

Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.

38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.

39. Performance and Final Acceptance.

Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.

General Conditions/EJ/TE 01-19-11 13 of 13

City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.

40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.

For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):

For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR 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.

ATTACHMENT 1

ATTACHMENT 2

Page | 1 Sole Source Form – Rev. May 12, 2016

City of Richmond
Sole Source Justification

THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE _______________________________________________________________________________ Contact the Purchasing Division and discuss your rationale before completing this form. If Purchasing can help you make this a competitive purchase, then this form will not be required.

Attach this completed/approved form to requisitions when competitive quotes/bids/proposals are not solicited. (Required for requisitions > $3,000)
Requested Sole Source Supplier:

Company Name: ___________________________ Contact Name: ______________________ Address: _______________________________________________________________________ City: _________________________ State: _____________ Zip Code: ____________________ Phone Number (____) ___________ E-Mail _______________________________________ Duration of Contract: ____________________________________ Estimated Cost: $ _______________ Funding Source (Account String)_________________ Is the product/service IT related? Yes_____No _____ If Yes, please attach the approved IT Authorization Form For Product: Is the recommended company the manufacturer of the product? Yes_____ No _____ For Product: Does the manufacturer sell the item(s) through distributors? Yes_____ No _____ Description of Product or Service:

Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (if additional space is needed, include them in a separate page)

Sole Source Rationale: PLEASE ANSWER ALL THE FOLLOWING QUESTIONS: Explain why the recommended company is the only company that can meet the requirement. Address the following: Are there any other companies who can do this job? What condition (e.g. technological superiority, or performance risks, etc.) exists so that the recommended company has a significant advantage over any other company who can do this job? It is important to sufficiently address the key reason for awarding an order/contract without soliciting competitive bids. The rational must be clear and convincing, avoiding generalities and unsupported conclusions.

(if additional space is needed, include them in a separate page)

T2 SYSTEMS

SADIE JONES
8900 KEYSTONE CROSSING, SUITE 700

INDIANAPOLIS
IN
46240
317
524-7409
[email protected]
2 YEARS
50,000.00
01191021-400201
X
T2 Systems manages our citation and collection process and took over once our contract with DataTicket expired in 2015. T2 Systems is a ticketing system provider with deep roots in the evolving ticketing industry. T2 delivers sophisticated data and tools to ticketing operations, enabling the City to achieve greater efficiencies, and increased revenues.

T2 Systems won the RFP bid in 2014 and has been well used and liked by our officers. T2 Systems was able to provide the city with a convenient, comprehensive citation system, that has allowed us to streamline equipment and supplies amongst all officers and parking enforcement personnel.

DocuSign Envelope ID: 4164C6A5-6E4D-4483-A7B2-96B9B4241A17

2 | Page

Complete the following checklist
A specific contractor is the only source of the required item because (check all that apply):

The required items are proprietary to the Contractor, and contractor solely transacts (sells) direct to the customer. (There are no dealers or distributors for contractor).

The required items are proprietary to the Contractor, and contractor does not sell direct to the customer. Contractor solely distributes the item or service through only one dealer or distributor in the United States. (There are no dealers or distributors for contractor).

Note: If item or service is available from more than one source, the item or service may be treated as proprietary, but must be competitively solicited from multiple (two or more) sources.

A specific item is needed:

To be compatible or interchangeable with existing hardware As spare or replacement hardware For the repair or modification of existing hardware Federal or state grant names vendor as condition of funding. (Attach copy of grant that names vendor)
There is a substantial risk in contracting with any other contractor, (e.g., only one contractor has been successful to date in implementing a difficult manufacturing process or the services sought ). In a brief explanation, provide supporting evidence of why other contractors are considered to be unable to overcome the substantial risk.

Continuation of prior Work – Additional item, service or work required, but not known to have been needed when the original order was placed with vendor, and it is not feasible or practicable to contract separately for the additional need. Provide brief explanation and supporting evidence.

(if additional space is needed, include them in a separate page)

T2 Systems is the parking service that we have used since 2015 and part of the contract includes that they file our State of California required citation reports. Switching vendors now will cause a gap in reporting to the State, resulting in fines levied against us until we find a new vendor. T2 Systems is well implemented and understood by the parking enforcement officers and a change in programs can cause delays in implementation if we switch vendors now.

DocuSign Envelope ID: 4164C6A5-6E4D-4483-A7B2-96B9B4241A17

3 | Page

I acknowledge the City’s requirements for soliciting competitive quotes/bids for purchases over $3,000.00 and the criteria for justification for Sole Source purchases. I have gathered the required information, have made a concerted effort to review comparable/equal equipment/services (e.g., market research), and further affirm that there is no conflict of interest involved in the selection made.

Department: _________________________________
Requester Name and Title: ____________________________________________________________ Note: Requester must be able to defend this justification.

Date:_____________ Phone: _______________
Department Director (Print) _____________________ (Sign) ________________ Date:__________

--------------------------------------------------------------------------------------------------------------------- Submit completed form to the Purchasing Division (Prior to submission to City Manager)

Finance Director:

APPROVED: ____________________ DATE: ___/___/___

NOT APPROVED: ________________ COMMENTS:

____________________________ ______________________________ City Manager City Clerk Attesting to Council Approval (Under $10,000.00) (Over $10,000.00) (Copy of Minutes may be substituted)

Note: Richmond Municipal Code Section 2.52.326 Sole Source Procurement requires final approval by the City Manager and/or City Council. Sole Source must be approved by Finance Director, PRIOR to Council Approval.

PROCEDURE
Sole Source purchase/service are exceptions to the normal bidding process and require a detailed justification. In processing Sole Source requests for supplies, services and/or equipment, the Purchasing Division adheres to and is governed by the principles set forth in City of Richmond Municipal Code Section 2.52.326 Sole Source Procurement.

If you are requesting a particular vendor, brand or product, you must make this fact clear on your Sole Source form.

Your request will then be restrictive and non-competitive, and will fall into a sole source category. If the sole source justification is approved, the requisition can be expedited without the normal bidding requirements.

Such a request should not be made unless you are confident that your request is reasonable and appropriately justified to meet the City’s requirements and withstand any possible audit. The City’s requirements and the format for submitting such requests are contained herein. Sole Source form must be signed by authorized department representative(s). The certification will remain on file for audit purposes.

The following factors DO NOT apply to sole source requests and should not be included in your sole source justification. They will not be considered and only tend to confuse the evaluation process.

1. Personal preference for product or vendor.

2. Cost, vendor performance, and local service (these are generally considered award factors in competitive bidding).

3. Features which exceed the minimum department requirements.

POLICE

STEVEN LINDERMAN, SENIOR ACCOUNTANT
1/7/2022
510-621-1802
Louie Tirona
DocuSign Envelope ID: 4164C6A5-6E4D-4483-A7B2-96B9B4241A17 1/7/2022
1/16/2022

I.T. – RELATED PURCHASES AUTHORIZATION
Form must be fully completed and signed prior to information technology related purchases

Date ___________
Requested Vendor _______________________________________________ V# _____________ Vendor Address ________________________________________________________________ ________________________________________________________________ Contact Person ________________________________________________________________ Email Address ________________________________________________________________ Phone No ( ______ ) ____________________ Fax # __________________________ Quantity Item Unit Price Total _____ ___________________________________ $ ________ $ ________ _____ ___________________________________ $ ________ $ ________ _____ ___________________________________ $ ________ $ ________ Total $________

Purpose
This section must be completed with respective price quote(s) included with form:
_______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ Requested by

________________________ ________________________
Department Head IT Director

________________________ ________________________
Approval Date Approval Date

Information Technology Related – Purchase Form – Rev 5-2016 1/7/2022
T2 Systems
10751
8900 KEYSTONE CROSSING STE 700
INDIANAPOLIS, IN 46240

SADIE JONES
[email protected]
1 T2 SYSTEMS PLATFORM OR TICKETING SERVICES

BASED ON SERVICES
UP TO $50K
UP TO $50K
A SOLE SOURCE CONTRACT WITH T2 SYSTEMS WILL GIVE US CONTINUED TICKETING COLLECTION SERVICES WITHOUT INTERRUPTION. T2 WILL COLLECT AND ADMINISTER COLLECTION SERVICES FOR TICKETED OFFENDERS THROUGH DEC. 31, 2022, USING THEIR TECHNOLOGY.

DocuSign Envelope ID: 4164C6A5-6E4D-4483-A7B2-96B9B4241A17 1/7/2022
1/14/2022

ADA (American with Disabilities Act) Compliance
Access and Accommodation

Compliance with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973: In order to improve accessibility of existing technology and therefore increase the successful employment of individuals with disabilities, particularly blind and visually impaired, deaf and hard-of-hearing persons please answer the following questions:

Is this item ADA Compliant? Yes __________ No_________

If NO, please answer the following questions:

Will this item be used by the public? Yes ________ No _________ Can other vendors provide an ADA compliant product? Explain

Will this item be used by City employees? Yes ________ No _________

Categories for Information Technology (IT) Product

• Software applications and operating systems
• Web-based information and applications
• Telecommunications products
• Video and multimedia products
• Desktop and portable computers
• End user hardware

Examples of Information Technology (IT) Products

• World Wide Web
• Scanners
• Printers
• Copiers
• PDAs
• Computers
• Computer Software
• Computer Operating Systems

• Phones
• Apps
• Information Kiosks
• ATMs
• Multimedia
• Videos
• Fax Machines

x
x
x
DocuSign Envelope ID: 4164C6A5-6E4D-4483-A7B2-96B9B4241A17

February 1, 2022

Public Works

DATE: February 1, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Joe Leach, PE, Director of Public Works
Jene Levine-Snipes, Development Project Manager

Subject:

Resolution to Accept and Appropriate Hellman
Foundation Grant Funds to Purchase Maintenance
Equipment to Support the City of Richmond Parks
Maintenance
FINANCIAL IMPACT: These actions do not create any direct cost or liability to the City’s General Fund. The actions contemplated here would generate a one-time grant that does not have to be repaid. These funds would be administered by the Public Works Department in accordance with the Hellman
Foundation Grant Agreement.

PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
None

STATEMENT OF THE
ISSUE:

Staff is requesting City Council to approve a resolution to ACCEPT and APPROPRIATE grant funds in the amount
of $264,000 from the Hellman Foundation to purchase
maintenance equipment to support City of Richmond
Parks and Landscape Maintenance Division.

RECOMMENDED ACTION:

APPROVE a resolution to ACCEPT and APPROPRIATE
grant funds in the amount of $264,000 from Hellman
Foundation to purchase maintenance equipment to
support City of Richmond Parks and Landscape
Maintenance Division – Public Works Department (Joe
Leach 510-620-5478).

AGENDA
REPORT

February 1, 2022
DISCUSSION:

The Hellman Foundation is providing grant funds to the City of Richmond Public Works Department to purchase maintenance equipment to support City of Richmond Parks Division. The total grant amount of $264,000 will be used in the following manner to support the maintenance of City of Richmond parks:
3 Trailers $ 40,000.00
3 Trucks $ 180,000.00
Contingency (10%) $ 22,000.00
Administration (10%) $ 22,000.00
Total $264,000.00
Staff is requesting City Council to approve the resolution to accept and appropriate the grant funds and adjust the FY 2021-2022 revenues and expenditures by $264,000.

DOCUMENTS ATTACHED:

Attachment 1 - Resolution – Accepting and Appropriating the Hellman Foundation grant in the amount of $264,000

ATTACHMENT 1

RESOLUTION NO._____________________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RICHMOND, CALIFORNIA FOR AUTHORIZATION TO ACCEPT AND

APPROPRIATE THE HELLMAN FOUNDATION GRANT FUNDS IN
AN AMOUNT NOT TO EXCEED $264,000 TO PURCHASE

MAINTENANCE EQUIPMENT TO SUPPORT CITY OF RICHMOND

PARKS AND LANDSCAPE MAINTENANCE DIVISION

WHEREAS, the Hellman Foundation provides grants to local northern California organizations with a mission of serving the local communities; and

WHEREAS, the City of Richmond, a municipal corporation and a charter city, was awarded the Hellman Foundation grant funds to purchase maintenance equipment to support City of Richmond parks; and

WHEREAS, the City of Richmond has received and accepted the Agenda Report regarding this Resolution.

NOW, THEREFORE, BE I T RESOLVED THAT, the City Council of the City of Richmond finds the above recitals accurate and have served together with the Agenda Report as the basis for the findings and approvals set forth in this Resolution.

BE IT FURTHER RESOLVED THAT, the City of Richmond hereby agrees to use the Hellman Foundation grant funds for eligible activities in the manner presented in the Grant Agreement.

BE IT FURTHER RESOLVED THAT, the City Council authorizes the City Manager or her designee to execute in the name of the City of Richmond, the Grant Agreement, and all other documents required by the Hellman Foundation, and any amendments thereto and accept and appropriate the grant funds.

---------------------------------------------------------------------------

ATTACHMENT 1

I hereby certify that the foregoing resolution was passed and adopted by the Members of the City Council of the City of Richmond at a regular meeting held on February 1, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

____________________________
Clerk of the City of Richmond

(SEAL)

Approved:

__________________
Mayor

Approved as to form:

_________________
City Attorney

HELLMAN FOUNDATION

555 California Street, Suite 4905 • San Francisco, California 94104 • (415) 837-5408

November 23, 2021

Jene Levine-Snipes
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804

Dear Jene:

We are pleased to inform you that the Board of Directors of the Hellman Foundation has approved a grant of $264,000 to the City of Richmond contingent on approval by the Richmond City Council.

This grant is to support the purchase of trailers and vehicles for the Department of Public Works to be used to support the maintenance of City parks.

The Hellman Foundation Grant Agreement includes this award letter and the attached document outlining acceptable Use of Grant Funds. If this Grant Agreement correctly sets forth your understanding of the terms and conditions of the grant, please sign, date and return an electronic copy to us at your earliest convenience. Funds to the City of Richmond will be released upon receipt of the signed grant document.

For the administrative purposes of this Agreement, Hirsch Philanthropy Partners will be the point of contact for the Hellman Foundation. All correspondence should be directed to Hirsch Philanthropy Partners at [email protected] or (415) 837-5408.

Grant Period
The grant period is December 1, 2021 to December 15, 2022. Funds from the grant may only be disbursed by the City of Richmond during the grant period unless an extension is approved.

Grant Terms
The first installment of $48,000 will be released upon grant approval by City Council and is intended for the purchase of three trailers. The subsequent installment of $216,000 will be released when the following requirements are met:
 A brief update on use of funds from the first grant installment  A final cost estimate from vendor for vehicles
 City Council approval for use of remaining funds

Alternative uses of funds will be considered for maintenance needs beyond the purchase of trailers and vehicles with a written request. A request to redirect funds must be submitted for approval and include a description of proposed use of funds. All future payments are contingent upon appropriate use of funds as demonstrated in grant reporting described below.

Communications and Reporting Requirements
We look forward to learning about your organization’s activities and impact over the course of the grant period.

1) Check‐in Calls
Monthly call for first six months of grant period with Hirsch Philanthropy Partners to discuss overall progress, challenges, and any other relevant updates or urgent needs.

2) Final Report:

The City of Richmond must submit a final report by September 15, 2022 and should include the information listed below. The narrative portion should not exceed three pages. The report should include the following:
 A brief narrative describing key activities and accomplishments during the grant period, as well as any anticipated accomplishments before the end of the grant period;  The outputs and outcomes your organization has achieved during the grant period, including impact to beneficiaries;
 Future plans for your department, highlighting needs and opportunities;  A department budget for your current fiscal year, including actual and budgeted revenue and expenditures and indicating use of Hellman Foundation grant funds. On this report, please indicate if you request an extension on the grant period to fully spend grant funds.

In addition, we ask that you reach out to us with any important news, changes in key personnel, or significant challenges you encounter during the grant period.

Acknowledgement
When acknowledging this grant, please refer to the donor as Hellman Foundation. Please note that the Foundation, its board members and staff, do not wish to be recognized with certificates, plaques, or similar mementos.

The Hellman Foundation is happy to be able to support the work of the City of Richmond and wishes you continued success in your work.

Sincerely,

Susan Hirsch
Executive Director

Please sign and date below and return the Agreement electronically to [email protected]

We accept this Grant Agreement.

Printed Name: ____________________________

Title: _____________________________________

Signature: ________________________________

Date: _____________________________________

USE OF GRANT FUNDS

This Grant Agreement sets forth all terms and conditions of this grant; there are no agreements or understandings between the two parties other than those set forth in this Grant Agreement. Listed below are general restrictions and provisions on the use of grant funds.

 Grant funds must be used only for the purposes, program, budget and organizations as indicated in the grant application materials presented to the Hellman Foundation (“Foundation”) and/or as modified in the Grant Agreement. Any and all modifications to this Grant Agreement must be in writing, approved and signed by both the Foundation and the grantee.

 Any grant funds not used or committed for the specific purpose of the grant within the specified grant term must be returned to the Foundation at the end of the grant period unless the Foundation gives written approval to do otherwise.

 The Foundation’s grant has been made to your organization on the express condition that your organization has been classified as an Internal Revenue Code §501(c) (3) organization and that it is not a private foundation within the meaning of §509(a). Please notify us immediately of any change in your organization’s status. If your exempt status does change, the Foundation reserves the right to have all remaining grant funds immediately returned.

 The Foundation’s grant has been made to your organization on the express condition that, as required by Internal Revenue Code §§501(c) (3) and 4945 (d) (1) and (2), your organization will not engage in any political activities. For purposes of this condition, engaging in political activities includes, but is not limited to, trying to influence the election of political candidates or the outcome of an election, or engaging in any other type of political activity that is determined to be in violation of the intent of applicable federal and state regulations. Violation of this condition may result in an obligation to return to the Foundation all funds received pursuant to this grant.

 Payment Schedule: The tentative schedule of grant payments is an estimate of the timing and amount of the payments to the Grantee that will satisfactorily meet the requirements of the grant. The Hellman Foundation, however, on its own initiative or at the request of the Grantee, may modify scheduled dates and payment amounts. The Foundation will notify the Grantee when and if the Foundation is considering making such changes. The Hellman Foundation may at any subsequent time by notice to the Grantee cancel or postpone and thereafter cancel payment of the undisbursed portion of the grant. Also, after entering into a Grant Agreement, it is possible that circumstances will arise which will persuade the Hellman Foundation that an unpaid grant should not be disbursed.

 Because the Foundation is making payments in installments, over a period of years, the Foundation reserves the right to withhold future installments in the event that the Grantee either (a) indicates explicitly, or through Grantee’s conduct, that it no longer intends to complete the project that is the subject of the grant, (b) fails to meet fundraising goals that the Grantee has set are part of its proposal to the Foundation, or (c) significantly changes
the scope or purpose of the project.

 Any future Foundation grants to your organization and/or any renewals of project funding are at the sole discretion of the Foundation’s Board of Directors.

January 18, 2022

City Clerk's Office

DATE: February 1, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Pamela Christian, City Clerk

Subject:

Public Hearing – 7:00 p.m.

FINANCIAL IMPACT: There is no specific financial impact from tonight’s public hearing.

PREVIOUS COUNCIL
ACTION:

STATEMENT OF THE
ISSUE:

The City retained National Demographics Corporation to
help reestablish the district boundaries within the City of Richmond based on the 2020 Census data. State law
requires that new district maps must be adopted by
April 17, 2022, for the November 2022 election.

HOLD THE FOURTH PUBLIC HEARING AT 7:00 P.M. to
receive public input on draft maps of voting district
boundaries as part of the City’s redistricting process; SELECT a map to establish district boundaries; and
determine election sequence – City Clerk’s Office
(Pamela Christian 510-620-6513).

AGENDA
REPORT

January 18, 2022
DISCUSSION:

At the January 14, 2020, City Council Meeting, the City Council adopted Ordinance No. 4-20 and approved District Map #115B establishing the boundaries for district elections in the City of Richmond. The Council set the election sequence to Districts 1, 5, and 6 to begin with the November 3, 2020, election; and Districts 2, 3, and 4 to begin with the November 2022 election.

Every 10 years, local governments must use new census data to redraw their district lines to reflect how local populations have changed. Assembly Bill 849 (2019) requires cities and counties to engage communities in the redistricting process by holding public hearings and/or workshops and doing public outreach, including to non-English- speaking communities. Below is an account of outreach efforts. New district maps must be adopted by the Council no later than April 17, 2022, for the November 2022 election.

On January 18, 2022, the City Council identified three drafts maps (102, 201, and 203) that the majority indicated they would consider for adoption. The Council may still consider other submitted draft maps for adoption, which some Councilmembers expressed interest in upon receipt and review of demographic information that was not previously provided in the agenda packet.

NDC will guide the City to reestablish the district boundaries. The redistricting process has involved several public hearings that generated significant public input on the formation of the districts. Spanish translation services have been available at all public hearings.

Redistricting outreach included the following:
 E-mail sent with flyers to the Community Outreach group, John Gioia’s Office, Richmond Promise, ECIA Listserv (non-profits), Katrinka Ruk (Council of Industries), Chamber of Commerce, LEAP, Employment & Training, Malcom Marshall (Richmond Pulse), Mike Kinney (Richmond Standard), Gonzalo Ochoa (23rd St. Merchants Association), and Daniel Butt (Pt. Richmond Business Association).
 Flyer announced on the Mayor’s Office social media, press release, City’s social media, and KCRT.
 Flyer sent to Jan Mignone, Stephanie Ny, and Garland Ellis, Neighborhood Council PIO. Stephanie forwarded the e-mail to ALL Neighborhood Councils.  Posted flyers at all community centers, 440 and 450 Civic Center Plaza buildings, and at the main library
 E-mail blast with flyers sent to parents of the WCCUSD  Gabino Arredondo distributed flyers to various businesses he frequents  Continuous announcement on the City’s electronic marquee Flyer continuously posted in the City Manager’s Weekly Report

January 18, 2022

January 18, 2022
Public hearings and workshops held to date:

The City held several public hearings and workshops to educate, solicit input on communities, review the redistricting process, introduction to mapping tools, and review and discuss draft maps.

Tonight, the Council will receive input from the public on draft maps (102, 201, and 202) and possibly select a map to establish district boundaries, and determine election sequence.

Please visit the Redistricting webpage at: www.ci.richmond.ca.us/Redistricting for more information.

DOCUMENTS ATTACHED:

Attachment 1 – NDC Presentation
Attachment 2 – DRAFT MAPS - (reformatted features) with the demographic summaries Attachment 3 – Public Hearing Notice
Attachment 4 – Flyer announcing public hearings

City of Richmond
Redistricting Draft Maps
February 1, 2022 Shalice Tilton, Senior Consultant
National Demographics Corporation

2 Redistricting Process
2 Step Description
First Pre-Draft Hearing
July 6, 2021
• Held prior to release of draft maps.
• Educate and solicit input on the communities in the Districts.

Second Pre-Draft Hearing
September 14, 2021
• Held prior to release of draft maps.
• Educate and solicit input on the communities in the Districts.

Public Workshop
August 25, 2021: 2 & 6 p.m.
• Public workshops held to review redistricting process and introduction to mapping tools.

Public Workshop
December 6, 2021
• Public workshops held to review redistricting process and introduction to mapping tools.

First Draft Map Hearing
January 18, 2022
• Public Hearings to discuss, revise the draft maps; discuss the election sequence.

Second Draft Map Hearing
February 1, 2022
• Public Hearings to discuss the draft maps; discuss the election sequence; select a map
Map Adoption
By April 17, 2022
• Final map must be posted at least 7 days prior to adoption.

3 Equal Population
Federal Voting Rights Act
No Racial Gerrymandering
Minimize voters shifted to
different election years
Respect voters’ choices /
continuity in office
Future population growth
Preserving the core of
existing districts
Federal Laws California Criteria
for Cities

1. Geographically contiguous

2. Undivided neighborhoods and
“communities of interest”
(Socio-economic geographic areas
that should be kept together)

3. Easily identifiable boundaries

4. Compact
(Do not bypass one group of people
to get to a more distant group of
people)
Prohibited:
“Shall not favor or discriminate against a
political party.”
Other Traditional
Redistricting Principles
3 Redistricting Rules and Goals

4 Demographic Summary of Existing Districts
Using official 2020 prisoner-adjusted Census population.

Each of the six Council districts must contain about 19,465 people. There should be no greater than a 10% deviation between the greatest populated district and the least populated district.

The existing districts have a 14.66% overall deviation.

Using official 2020 prisoner-adjusted Census population.

Each of the six Council districts must contain about 19,465 people. There should be no greater than a 10% deviation between the greatest populated district and the least populated district.

The existing districts have a 14.66% overall deviation.

5 Draft Maps Summary

6 Not Population Balanced or Not Contiguous

7 Deviation: 10.40%
Not contiguous
Pairs two in D2
Pairs two in D3
Deviation: 10.40%
Not contiguous
Pairs two in D2
Pairs two in D3
Number # Districts Contiguous Pop Bal Deviation Max CVAP Latino
Max CVAP
NH White
Max CVAP
NH Black
Max CVAP
NH AAPI Pairs
104 6 N* N* 10.40% 53.09% 32.44% 42.96% 27.00% D2 2; D3 3

8 Deviation: 9.68%
Not contiguous
Pairs two in D2
Pairs three in D3
Deviation: 9.68%
Not contiguous
Pairs two in D2
Pairs three in D3
Number # Districts Contiguous Pop Bal Deviation Max CVAP Latino
Max CVAP
NH White
Max CVAP
NH Black
Max CVAP
NH AAPI Pairs
105 6 N* Y 9.68% 53.09% 32.62% 42.90% 26.71% D2 2; D3 3

9 Deviation: 9.66%
Pairs two in D5
Pairs two in D6
Deviation: 9.66%
Pairs two in D5
Pairs two in D6
Number # Districts Contiguous Pop Bal Deviation Max CVAP Latino
Max CVAP
NH White
Max CVAP
NH Black
Max CVAP
NH AAPI Pairs
102b 6 Y Y 9.66% 42.29% 42.65% 54.03% 26.86% D5 2; D6 2

10 Deviation: 9.85%
Pairs three in D4
Deviation: 9.85%
Pairs three in D4
Number # Districts Contiguous Pop Bal Deviation Max CVAP Latino
Max CVAP
NH White
Max CVAP
NH Black
Max CVAP
NH AAPI Pairs
106b 6 Y Y 9.85% 46.49% 45.34% 49.28% 26.52% D4 3

11 Deviation: 7.37%
Pairs two in D5
Pairs two in D6
Deviation: 7.37%
Pairs two in D5
Pairs two in D6
Number # Districts Contiguous Pop Bal Deviation Max CVAP Latino
Max CVAP
NH White
Max CVAP
NH Black
Max CVAP
NH AAPI Pairs
201 6 Y Y 7.37% 52.61% 33.27% 43.47% 27.61% D5 2; D6 2

12 Deviation: 8.58%
Pairs two in D5
Pairs two in D6
Deviation: 8.58%
Pairs two in D5
Pairs two in D6
Number # Districts Contiguous Pop Bal Deviation Max CVAP Latino
Max CVAP
NH White
Max CVAP
NH Black
Max CVAP
NH AAPI Pairs
202 6 Y Y 8.58% 52.61% 33.27% 43.47% 27.07% D5 2; D6 2

13 Deviation: 6.41%
Pairs two in D5
Deviation: 6.41%
Pairs two in D5
Number # Districts Contiguous Pop Bal Deviation Max CVAP Latino
Max CVAP
NH White
Max CVAP
NH Black
Max CVAP
NH AAPI Pairs
203 6 Y Y 6.41% 52.61% 45.95% 50.05% 26.86% D5 2

14 View Map Details
Interactive Map Viewer
Link: https://arcg.is/0OiGKa
Date

15 View Draft Maps and Demographic Summaries at
http://www.ci.richmond.ca.us/3849/District-Elections

16 Proposed Sequencing
16  Election Year 2022: Districts 2, 3, 4
 Election Year 2024: Districts 1, 5, 6
 After preferred map is identified, it is recommended the City Council review and, if needed, adjust the district number assignments.

17 Public Hearing & Discussion
17  Which map do you
prefer for adoption?
 Election Year 2022:

Districts 2, 3, 4
 Election Year 2024:

Districts 1, 5, 6
 Any revisions to
district number
assignments?
 Which map do you
prefer for adoption?
 Election Year 2022:

Districts 2, 3, 4
 Election Year 2024:

Districts 1, 5, 6
 Any revisions to
district number
assignments?
Interactive Review Map

Category Field 1 23456 Total
Total Population 19,495 20,027 18,818 18,178 21,032 19,240 116,790 Population Deviation 30 562 -647 -1,287 1,567 -225 2,854 Pct. Deviation 0.15% 2.89% -3.32% -6.61% 8.05% -1.16% 14.66% Hispanic/Latino 73% 36% 62% 25% 25% 47% 45%
NH White 5% 19% 7% 21% 25% 21% 16%
NH Black 13% 20% 23% 24% 26% 11% 20%
NH Asian/Pac.Isl. 7% 22% 6% 27% 21% 19% 17%
NH Native Amer. 0% 0% 0% 1% 1% 1% 1%
Total 7,712 11,755 8,902 12,579 12,907 10,841 64,696
Hisp 53% 21% 34% 20% 14% 27% 26%
NH White 9% 32% 11% 28% 30% 33% 25%
NH Black 23% 27% 42% 23% 37% 20% 29%
Asian/Pac.Isl. 15% 18% 11% 28% 18% 19% 19%
Native Amer. 1% 1% 2% 0% 1% 1% 1%
Total 7,243 9,343 8,116 11,792 12,095 10,152 58,741
Latino est. 52% 20% 33% 19% 14% 30% 26%
Spanish-Surnamed 48% 19% 31% 17% 13% 28% 24%
Asian-Surnamed 3% 10% 2% 11% 9% 7% 8%
Filipino-Surnamed 1% 3% 1% 3% 2% 2% 2%
NH White est. 11% 41% 12% 39% 40% 42% 34%
NH Black 31% 27% 50% 29% 35% 19% 31%
Total 4,700 7,286 5,245 9,627 9,512 8,066 44,436
Latino est. 54% 18% 34% 18% 14% 29% 25%
Spanish-Surnamed 50% 17% 32% 17% 13% 27% 23%
Asian-Surnamed 3% 10% 2% 11% 9% 7% 8%
Filipino-Surnamed 1% 3% 1% 3% 2% 2% 2%
NH White est. 11% 41% 12% 39% 40% 42% 34%
NH Black 31% 27% 50% 29% 35% 19% 31%
Total 2,811 4,944 3,305 6,831 6,879 5,709 30,479
Latino est. 50% 14% 29% 16% 11% 25% 21%
Spanish-Surnamed 48% 14% 28% 15% 11% 24% 20%
Asian-Surnamed 2% 7% 2% 9% 7% 6% 6%
Filipino-Surnamed 2% 2% 1% 3% 1% 1% 2%
NH White est. 12% 47% 14% 43% 44% 45% 38%
NH Black est. 32% 27% 52% 29% 35% 20% 31%
age0-19 31% 23% 29% 20% 22% 22% 25%
age20-60 58% 58% 55% 54% 58% 58% 57%
age60plus 11% 18% 16% 26% 19% 19% 18%
immigrants 43% 33% 38% 28% 29% 38% 35%
naturalized 29% 46% 32% 67% 47% 40% 42%
english 22% 47% 38% 57% 63% 46% 46%
spanish 69% 34% 50% 20% 18% 38% 38%
asian-lang 7% 12% 9% 14% 11% 10% 11%
other lang 2% 7% 3% 10% 8% 6% 6%
Language Fluency Speaks Eng. "Less than
Very Well" 39% 22% 24% 16% 14% 25% 23%
hs-grad 40% 39% 48% 43% 41% 43% 42%
bachelor 9% 19% 12% 25% 22% 19% 18%
graduatedegree 3% 13% 3% 11% 16% 10% 10%
Child in Household child-under18 52% 33% 41% 29% 28% 32% 35% Pct of Pop. Age 16+ employed 68% 66% 61% 63% 68% 72% 66% income 0-25k 13% 13% 26% 13% 18% 15% 16%
income 25-50k 31% 19% 23% 16% 21% 14% 20%
income 50-75k 23% 16% 19% 14% 15% 16% 17%
income 75-200k 31% 43% 29% 47% 38% 48% 40%
income 200k-plus 2% 9% 3% 9% 8% 7% 7%
single family 71% 57% 63% 76% 55% 82% 67%
multi-family 29% 43% 37% 24% 45% 18% 33%
rented 57% 56% 64% 32% 55% 42% 50%
owned 43% 44% 36% 68% 45% 58% 50%
Housing Stats
Voter Registration (Nov
2020)
Voter Turnout
(Nov 2020)
Total population data from California's adjusted 2020 Census data. Citizen Voting Age Population, Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. Turnout and Registration data from California Statewide Database ("Latino" figures calculated by NDC using Census Bureau's Latino undercount by surname estimate).

Voter Turnout (Nov
2018)
Household Income
Education (among those
age 25+)
Immigration
Age
Language spoken at
home
City of Richmond - Current Plan
2020 Census
Total Pop.

Citizen Voting Age Pop

Not Pop Balanced

Demographics not available for maps that are
non-contiguous or not population balanced.

2 1
6 3
4 5
580
580
80 Fire Trl No 3
Ri
chm
ond Ln
Fire Trl 4
Fire Trl 5
W
estern Dr
Clark-Boas Trl
Nim
itz W
ay
Richmond Pkwy Hilltop DrMarkovich Ln
Duarte Trl
N Castro St
Giant Hwy
Morningside DrCampus Dr
Atlas Rd
Canal Blvd
Castro
St
Gateview Cir
Mozart Dr
W Ohio Ave
Carriage Dr
Park Central
Dornan Dr
Nelson Dr
Meade St
S 14th St
Blum
e Dr
Lakeshore Ct
Meeker Ave
Isabel St
Taft Ave
Coach Dr
34th St
Jacuzzi Ave
Ocean Ave
la Cresenta Rd
39th St
Gar
rard Blvd
Triangle Ct
Fascination CirMoyers Rd
Vista Heights Rd
San Pablo Dam
Rd
Wharf St
Garden Tract Rd
W Cutting Blvd
42nd St
Santa Rita Rd
Berk Ave
46th St
S 58th St
Banks Dr
Park Ave
Castro Ranch Rd
Belvedere Ave
Hinkley Ave
Kern St
Lakeside Dr
Regatta Blvd
Brookwood Ln
Fieldcrest Dr
Rheem Ave
Key Blvd
Gertrude Ave
16th St
Visalia Ave
Bristlecone Dr
123
Chanslor Ave
Florida Ave
Club Ln
7th St
Fran Way
Tulare Ave
12th St
Da Villa
Jerilynn Ave
B St
21st St2nd St
Brookside Dr
Grays Cir
Sonoma St
S 9th St
National Ct
Factory St
Castilla Ave
Arno Ct
Market Ave
Natalie Ct
Ells St
S 56th St
Waverly Dr
Pine Ave
San Mateo St
Wildcat Canyon Rd
Center Ave
Diane Dr
Tri Ln
Rd 20
Map 102
City of Richmond
2021 Redistricting
National Demograpics Corporation January 18, 2022
Map layers
102
Elementary Schools
Secondary Schools
Landmark Point
Landmark Area
Water Area
Railroad
River
Streets
©2021 CALIPER

Category Field 1 23456 Total
Total Population 18,500 20,168 18,405 19,233 20,136 20,348 116,790 Population Deviation -965 703 -1,060 -232 671 883 1,943 Pct. Deviation -4.96% 3.61% -5.45% -1.19% 3.45% 4.54% 9.98% Hispanic/Latino 69% 35% 49% 26% 25% 63% 45%
NH White 6% 10% 6% 27% 35% 13% 16%
NH Black 17% 28% 33% 15% 16% 10% 20%
NH Asian/Pac.Isl. 6% 25% 9% 28% 21% 13% 17%
NH Native Amer. 0% 0% 0% 1% 1% 0% 1%
Total 7,335 11,766 9,057 13,353 12,995 10,189 64,696
Hisp 42% 23% 27% 20% 15% 39% 26%
NH White 12% 17% 9% 37% 43% 22% 25%
NH Black 29% 33% 54% 16% 25% 22% 29%
Asian/Pac.Isl. 16% 23% 8% 27% 17% 16% 19%
Native Amer. 1% 1% 1% 0% 1% 1% 1%
Total 7,041 9,032 8,629 12,389 12,397 9,253 58,741
Latino est. 45% 24% 24% 19% 13% 43% 26%
Spanish-Surnamed 42% 22% 23% 18% 12% 40% 24%
Asian-Surnamed 2% 11% 2% 11% 9% 6% 8%
Filipino-Surnamed 1% 3% 1% 3% 2% 2% 2%
NH White est. 12% 20% 9% 49% 54% 30% 34%
NH Black 38% 43% 61% 18% 22% 21% 31%
Total 4,435 6,785 5,662 10,310 10,273 6,971 44,436
Latino est. 47% 23% 25% 18% 12% 41% 25%
Spanish-Surnamed 44% 21% 24% 17% 11% 39% 23%
Asian-Surnamed 2% 11% 2% 11% 9% 6% 8%
Filipino-Surnamed 1% 3% 1% 3% 2% 2% 2%
NH White est. 12% 20% 9% 49% 54% 30% 34%
NH Black 38% 43% 61% 18% 22% 21% 31%
Total 2,642 4,155 3,651 7,662 7,759 4,610 30,479
Latino est. 42% 20% 21% 16% 9% 37% 21%
Spanish-Surnamed 40% 19% 20% 15% 9% 36% 20%
Asian-Surnamed 2% 8% 2% 9% 7% 4% 6%
Filipino-Surnamed 1% 2% 1% 3% 1% 1% 2%
NH White est. 14% 22% 9% 52% 58% 32% 38%
NH Black est. 39% 47% 65% 19% 22% 21% 31%
age0-19 30% 24% 30% 20% 20% 27% 25%
age20-60 56% 59% 57% 55% 58% 58% 57%
age60plus 14% 17% 14% 26% 23% 16% 18%
immigrants 46% 35% 33% 29% 27% 39% 35%
naturalized 29% 51% 36% 60% 46% 35% 42%
english 26% 45% 51% 57% 60% 33% 46%
spanish 60% 31% 41% 20% 23% 54% 38%
asian-lang 10% 15% 6% 12% 10% 9% 11%
other lang 4% 9% 2% 11% 7% 3% 6%
Language Fluency Speaks Eng. "Less than
Very Well" 30% 21% 22% 18% 15% 34% 23%
hs-grad 43% 46% 53% 40% 34% 41% 42%
bachelor 10% 18% 11% 27% 26% 13% 18%
graduatedegree 3% 8% 4% 13% 20% 7% 10%
Child in Household child-under18 45% 34% 44% 28% 25% 41% 35% Pct of Pop. Age 16+ employed 64% 66% 66% 67% 66% 68% 66% income 0-25k 20% 13% 23% 9% 17% 16% 16%
income 25-50k 31% 20% 22% 13% 19% 21% 20%
income 50-75k 17% 18% 20% 13% 15% 21% 17%
income 75-200k 30% 44% 31% 55% 38% 38% 40%
income 200k-plus 2% 5% 4% 11% 11% 4% 7%
single family 61% 55% 64% 86% 58% 79% 67%
multi-family 39% 45% 36% 14% 42% 21% 33%
rented 61% 58% 64% 27% 49% 50% 50%
owned 39% 42% 36% 73% 51% 50% 50%
Household Income
Education (among those
age 25+)
Immigration
Age
Language spoken at
home
City of Richmond - Map 102
2020 Census
Total Pop.

Citizen Voting Age Pop
Housing Stats
Voter Registration (Nov
2020)
Voter Turnout
(Nov 2020)
Total population data from California's adjusted 2020 Census data. Citizen Voting Age Population, Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. Turnout and Registration data from California Statewide Database ("Latino" figures calculated by NDC using Census Bureau's Latino undercount by surname estimate).

Voter Turnout (Nov
2018)

6 1
3 4
2 5
580
580
80 Fire Trl No 3
Fire Trl 4
Fire Trl 5
W
estern Dr
Clark-Boas Trl
Nim
itz W
ay
Richmond Pkwy Hilltop DrMarkovich Ln
Duarte Trl
N Castro St
Giant Hwy
Morningside Dr
Richmond Ln
Campus Dr
Atlas Rd
Canal Blvd
Castro
St
Gateview Cir
S Harbor W
ay
Mozart Dr
W Ohio Ave
Carriage Dr
Park Central
Dornan Dr
Nelson Dr
Meade St
S 14th St
Blum
e Dr
Lakeshore Ct
Meeker Ave
Morton Ave
Isabel St
Taft Ave
Coach Dr
Jacuzzi Ave
Ocean Ave
la Cresenta Rd
Gar
rard Blvd
41st St
Fascination CirMoyers Rd
Stege Ave
Vista Heights Rd
San Pablo Dam
Rd
Wharf St
Garden Tract Rd
W Cutting Blvd
Santa Rita Rd
46th St
S 58th St
30th St
Banks Dr
Park Ave
Castro Ranch Rd
Belvedere Ave
Hinkley Ave
Kern St
Lakeside Dr
Brookwood Ln
Fieldcrest Dr
27th St6th St
Rheem Ave
Key Blvd
Duboce Ave
Coalinga Ave
16th StEsmond Ave
33rd St
Bristlecone Dr
123
Club Ln
State Ave
25th St
Bissell Way
Fran Way
Tulare Ave
Ohio Ave
Da Villa
Jerilynn Ave
B St
20th St
37th St
Regatta Blvd
Brookside Dr
Grays Cir
Sonoma St
S 12th St
National Ct
44th St
Chesley Ave
Market Ave
Ells St
S 56th St
Waverly Dr
Pine Ave
San Mateo St
Wildcat Canyon RdSchool Ave
Diane Dr
Tri Ln
Rd 20
Map 103
City of Richmond
2021 Redistricting
National Demograpics Corporation January 18, 2022
Map layers
103
Elementary Schools
Secondary Schools
Landmark Point
Landmark Area
Water Area
Railroad
River
Streets
©2021 CALIPER
Not Pop Balanced

Demographics not available for maps that are
non-contiguous or not population balanced.

5 4
2 3
6 1
580
580
80 Fire Trl No 3
Ri
chm
ond Ln
Fire Trl 4
Fire Trl 5
W
estern Dr
Clark-Boas Trl
Nim
itz W
ay
Richmond Pkwy Hilltop DrMarkovich Ln
Duarte Trl
N Castro St
Giant Hwy
Morningside DrCampus Dr
Atlas Rd
Canal Blvd
Castro
St
Gateview Cir
S Harbor W
ay
Mozart Dr
W Ohio Ave
Carriage Dr
Park Central
Dornan Dr
Nelson Dr
Meade St
S 14th St
Blum
e Dr
Lakeshore Ct
Meeker Ave
Carlson Blvd
Morton Ave
Isabel St
Taft Ave
31st St
Coach Dr
Jacuzzi Ave
Ocean Ave
la Cresenta Rd
Gar
rard Blvd
Fascination CirMoyers Rd
Vista Heights Rd
San Pablo Dam
Rd
Wharf St
Garden Tract Rd
W Cutting Blvd
Santa Rita Rd
46th St
S 58th St
Banks Dr
Park Ave
Castro Ranch Rd
Rheem
Ave
Belvedere Ave
28th St Kern St
Lakeside Dr
Brookwood Ln
Fieldcrest Dr
6th St Key Blvd
Costa Ave
Hellings Ave
Gertrude Ave
Lincoln Ave
Bristlecone Dr
123
Club Ln
State Ave
25th St
19th St
Fran Way
Potrero Ave
12th St
Moran Ave
Ohio Ave
Da Villa
7th St
Jerilynn Ave
B St
20th St
4th St
34 th
St
Regatta Blvd
Brookside Dr
Willard Ave
Grays Cir
Sonoma St
National Ct
S 16th St 44th St
Beck St
37th St
Market Ave
Natalie Ct
Ells St
S 56th St
Waverly Dr
Maine Ave
Bush Ave
San Mateo St
Wildcat Canyon Rd
Diane Dr
Tri Ln
Rd 20
Map 104
City of Richmond
2021 Redistricting
National Demograpics Corporation January 18, 2022
Map layers
104
Elementary Schools
Secondary Schools
Landmark Point
Landmark Area
Water Area
Railroad
River
Streets
©2021 CALIPER
Not Pop Balanced

Category Field 1 23456 Total
Total Population 18,832 20,201 19,723 20,566 18,926 18,542 116,790 Population Deviation -633 736 258 1,101 -539 -923 2,024 Pct. Deviation -3.25% 3.78% 1.33% 5.66% -2.77% -4.74% 10.40% Hispanic/Latino 35% 47% 24% 61% 73% 25% 45%
NH White 20% 21% 26% 6% 5% 21% 16%
NH Black 20% 11% 24% 24% 14% 24% 20%
NH Asian/Pac.Isl. 23% 18% 22% 6% 7% 27% 17%
NH Native Amer. 0% 1% 1% 0% 0% 1% 1%
Total 11,090 11,341 12,609 9,431 7,371 12,854 64,696
Hisp 21% 27% 14% 34% 53% 19% 26%
NH White 32% 32% 30% 11% 9% 28% 25%
NH Black 26% 20% 36% 43% 23% 23% 29%
Asian/Pac.Isl. 19% 19% 18% 10% 14% 27% 19%
Native Amer. 1% 1% 1% 2% 1% 0% 1%
Total 8,816 10,480 11,545 8,885 6,989 12,026 58,741
Latino est. 20% 31% 14% 33% 52% 19% 26%
Spanish-Surnamed 18% 29% 13% 30% 48% 17% 24%
Asian-Surnamed 10% 7% 9% 2% 3% 11% 8%
Filipino-Surnamed 3% 2% 2% 1% 1% 3% 2%
NH White est. 42% 41% 41% 12% 11% 39% 34%
NH Black 26% 19% 34% 51% 32% 29% 31%
Total 6,930 8,309 9,182 5,717 4,505 9,793 44,436
Latino est. 18% 30% 14% 33% 54% 18% 25%
Spanish-Surnamed 17% 28% 13% 31% 50% 17% 23%
Asian-Surnamed 10% 7% 9% 2% 3% 11% 8%
Filipino-Surnamed 3% 2% 2% 1% 1% 3% 2%
NH White est. 42% 41% 41% 12% 11% 39% 34%
NH Black 26% 19% 34% 51% 32% 29% 31%
Total 4,754 5,877 6,727 3,537 2,665 6,919 30,479
Latino est. 14% 26% 11% 28% 50% 16% 21%
Spanish-Surnamed 13% 25% 11% 27% 48% 15% 20%
Asian-Surnamed 8% 6% 7% 2% 2% 8% 6%
Filipino-Surnamed 2% 1% 1% 1% 2% 3% 2%
NH White est. 48% 44% 45% 13% 11% 43% 38%
NH Black est. 26% 20% 34% 53% 33% 29% 31%
age0-19 23% 23% 21% 30% 31% 20% 25%
age20-60 58% 58% 59% 55% 58% 54% 57%
age60plus 19% 19% 20% 16% 11% 26% 18%
immigrants 33% 38% 29% 38% 43% 28% 35%
naturalized 47% 40% 46% 33% 29% 66% 42%
english 48% 45% 63% 38% 22% 57% 46%
spanish 32% 39% 18% 50% 69% 20% 38%
asian-lang 13% 10% 11% 9% 7% 13% 11%
other lang 8% 6% 8% 3% 2% 10% 6%
Language Fluency Speaks Eng. "Less than
Very Well" 21% 26% 14% 25% 39% 16% 23%
hs-grad 39% 43% 41% 48% 40% 43% 42%
bachelor 20% 18% 22% 12% 9% 25% 18%
graduatedegree 13% 10% 16% 3% 3% 11% 10%
Child in Household child-under18 33% 33% 26% 44% 51% 29% 35% Pct of Pop. Age 16+ employed 66% 72% 67% 62% 68% 63% 66% income 0-25k 12% 16% 18% 25% 13% 13% 16%
income 25-50k 18% 14% 20% 25% 31% 16% 20%
income 50-75k 16% 17% 16% 18% 23% 15% 17%
income 75-200k 43% 47% 38% 29% 31% 47% 40%
income 200k-plus 10% 6% 8% 2% 2% 9% 7%
single family 58% 82% 56% 62% 71% 74% 67%
multi-family 42% 18% 44% 38% 29% 26% 33%
rented 54% 42% 53% 65% 58% 34% 50%
owned 46% 58% 47% 35% 42% 66% 50%
Household Income
Education (among those
age 25+)
Immigration
Age
Language spoken at
home
City of Richmond - Map 104
2020 Census
Total Pop.

Citizen Voting Age Pop
Housing Stats
Voter Registration (Nov
2020)
Voter Turnout
(Nov 2020)
Total population data from California's adjusted 2020 Census data. Citizen Voting Age Population, Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. Turnout and Registration data from California Statewide Database ("Latino" figures calculated by NDC using Census Bureau's Latino undercount by surname estimate).

Voter Turnout (Nov
2018)

25 4
3 6
1 580
580
80 Fire Trl No 3
Ri
chm
ond Ln
Fire Trl 4
Fire Trl 5
W
estern Dr
Clark-Boas Trl
Nim
itz W
ay
Richmond Pkwy Hilltop DrMarkovich Ln
Duarte Trl
N Castro St
Giant Hwy
Morningside DrCampus Dr
Atlas Rd
Canal Blvd
Castro
St
Gateview Cir
S Harbor W
ay
Mozart Dr
W Ohio Ave
Carriage Dr
Park Central
Dornan Dr
Nelson Dr
Meade St
S 14th St
Blum
e Dr
Lakeshore Ct
Meeker Ave
Morton Ave
Isabel St
Taft Ave
Coach Dr
Jacuzzi Ave
Ocean Ave
la Cresenta Rd
Gar
rard Blvd
41st St
Fascination CirMoyers Rd
Stege Ave
Vista Heights Rd
San Pablo Dam
Rd
Wharf St
Garden Tract Rd
W Cutting Blvd
Santa Rita Rd
46th St
S 58th St
30th St
Banks Dr
Park Ave
Castro Ranch Rd
Rheem
Ave
Belvedere Ave
Hinkley Ave
Kern St
Lakeside Dr
Brookwood Ln
Fieldcrest Dr
27th St6th St Key Blvd
Costa Ave
Hellings Ave
Gertrude Ave
Lincoln Ave
33rd St
Bristlecone Dr
123
Club Ln
State Ave
25th St
19th St
Fran Way
12th St
Moran Ave
Ohio Ave
Da Villa
7th St
Jerilynn Ave
B St
20th St
4th St
37th St
Regatta Blvd
Brookside Dr
Willard Ave
Grays Cir
Sonoma St
National Ct
44th St
Market Ave
Ells St
S 56th St
Waverly Dr
Maine Ave
Bush Ave
S 27th St
San Mateo St
Wildcat Canyon RdSchool Ave
Lowell Ave
Diane Dr
Tri Ln
Rd 20
Map 105
City of Richmond
2021 Redistricting
National Demograpics Corporation January 18, 2022
Map layers
105
Elementary Schools
Secondary Schools
Landmark Point
Landmark Area
Water Area
Railroad
River
Streets
©2021 CALIPER
Not Contiguous