MEETINGS
RICHMOND HOUSING AUTHORITY
RICHMOND CITY COUNCIL
(Meetings are virtual)
Tuesday, February 15, 2022, 5:00 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
Members:
Thomas K. Butt, Mayor
Demnlus Johnson III, Vice Mayor at Large
NathanielBates, Councilmember at Large
Claudia Jimenez, Councilmember District 6
Eduardo Martinez, Councilmember at Large
Melvin Willis, Councilmember District 1
Gayle McLaughlin, Councilmember District 5
Jaycine Scott, Housing Authority Tenant Commissioner
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 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) 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
•
City of Richmond v. Thomas K. Butt•
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
Title: City Manager•
C.4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: Terminal One
Agency negotiators: Shasa Curl and Lina Velasco
Negotiating parties: Terminal One Development LLC
Under negotiation: Price and terms of payment
•
C.5. PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957.6)
Title: City Attorney•
D. PUBLIC COMMENT BEFORE CLOSED SESSION
E. ADJOURN TO CLOSED SESSION
________________________________________________________
F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
6:25 p.m.
G. ROLL CALL
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
I. STATEMENT OF CONFLICT OF INTEREST
J. AGENDA REVIEW
K. HOUSING AUTHORITY CONSENT CALENDAR
K.1. Continued use of teleconference technology for meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361
13 ADOPT a resolution requiring the continued use of teleconferencing for the meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510-620-6513).
L. ADJOURNMENT
_______________________________________________________
M. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.
N. ROLL CALL
O. STATEMENT OF CONFLICT OF INTEREST
P. ELECTION OF THE VICE MAYOR FOR 2022
P.1. Election of Vice Mayor to serve for 2022 - Office of the Mayor (Tom Butt 510-620-6503).
Q. AGENDA REVIEW
R. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
S. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
T. REPORT FROM THE IMPLEMENTATION SUB-COMMITTEE FOR
REIMAGINING TASK FORCE (public comment allowed under Open Forum) U. OPEN FORUM FOR PUBLIC COMMENT
V. CITY COUNCIL CONSENT CALENDAR
V.1. City Attorney's Office
V.1.a. Adopt a Resolution Amending the City of Richmond’s Conflict- of-Interest Code
17 ADOPT a resolution amending the City of Richmond’s Conflict- of Interest Code to ensure that all City positions required to file Statements of Economic Interest are properly identified – City Attorney’s Office (Interim City Attorney Dave Aleshire 510-620- 6509).
V.2. City Clerk's Office
V.2.a. Continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill (Ab) 361
50 ADOPT a resolution requiring the continued use of
teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361 – City Clerk’s Office (Pamela Christian 510-620-6513).
V.3. City Council
V.3.a. Rename Baseball Diamond #2 at Nicholl Park in Honor of National Hero Willie Mays
54 APPROVE a request to rename Baseball Diamond Field #2 at Nicholl Park to Willie Mays Baseball Field; and ADOPT a Resolution of Intent to set a public hearing for March 1, 2022 - Councilmembers Nathaniel Bates (510-620-6743) and Melvin Willis (510- 412-2050).
V.3.b. Support of a safe and fair contract for refinery workers at Chevron, Richmond, CA
71 ADOPT a resolution of the Richmond City Council in support of a safe and fair contract for Refinery workers at Chevron in Richmond, California; and DIRECT staff to send a copy of the resolution and cover letter to the Chevron CEO John Watson - Councilmembers Claudia Jimenez (510-620-6565) and Eduardo Martinez (510-620-6593).
V.4. Community Development
V.4.a. Contract with West Contra Costa Public Education Fund (Edfund West) to Support Richmond Residents Impacted by Covid through the Richmond Rapid Response Fund (R3F).
75 APPROVE a sole source contract with West Contra Costa Public Education Fund (EdFund West) to manage the
distribution of American Rescue Plan Act (ARPA) funding to support Richmond residents impacted by COVID through the Richmond Rapid Response Fund (R3F), in an amount not to exceed $600,000, for a term from February 15, 2022, to
December 31, 2024 – Community Development Department
(Lina Velasco 620-6706).
V.5. Economic Development
V.5.a. Lease Agreement - Richmond Police Activities League 120 ADOPT a resolution approving the lease agreement between the City of Richmond and the Richmond Police Activities League (“RPAL”) (as lessee), for the construction and
maintenance of a parking lot and an option for a community garden and supportive programs at 175 23rd Street, for a ten (10) year term with two (2) successive five (5) year option periods, at an annual rate of $1.00 per year – City Manager’s Office (Craig Murray 510-307-8188).
V.5.b. Authorization to Apply for Calrecycle Grants 161 ADOPT a resolution authorizing the city manager or their designee to submit grant applications for any and all CalRecycle grants for which the City of Richmond is eligible; and if any grants are awarded, to ACCEPT and APPROPRIATE into the
budget - City Manager’s Office (Shasa Curl/Samantha Carr 510- 620-5407).
V.6. Human Resources
V.6.a. Contract with Governmentjobs.com dba NeoGov and
Governmentjobs.com Job Postings.
165
APPROVE a sole-source contract with Governmentjobs.com
dba NeoGov for software support and a subscription for job postings to the public - Human Resources Department (Anil Comelo 510-620-6609).
V.7. Library and Community Services
V.7.a. Approval of the Juneteenth Freedom Mural Project and Resolution of Intent to Rename
199
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 RESCHEDULE a Public Hearing
previously scheduled for February 15, 2022, to March 1, 2022 – Community Services Department (LaShonda White/Ranjana
Maharaj/Stephanie Ny 510-620-6563). This item was continued from the February 1, 2022, meeting.
V.7.b. Contract with HR&A Advisors, Inc. to support American Rescue Plan Act Community Needs Assessment and Strategic
Investment Plan Development
238
APPROVE a contract with HR&A Advisors, Inc. to conduct a community needs assessment and develop and implement a
strategic investment plan to provide guidance on spending the City’s remaining American Rescue Plan Act (ARPA) allocation, for a total amount not to exceed $250,000, with a term from February 16, 2022, to June 30, 2023 – Library and Community Services (LaShonda White 510-620-6512).
V.8. Public Works
V.8.a. Booker T. Anderson Community Center Fire Restoration Project 292 APPROVE a construction contract with Angotti & Reilly Inc. for the Booker T. Anderson Community Center Fire Restoration Project, located at 960 S. 47th St., Richmond, in an amount not to exceed $2,583,900 including $2,349,000 low bid plus
$234,900 contingency; and APPROPRIATE the funding from
the Risk Management fund balance. There will be a
reimbursement from insurance for the majority of the cost – Public Works Department (Joe Leach 510-620-5478).
W. BUDGET SESSION
W.1. Final Adjustments to Fiscal Year 2020-2021 Budget 323 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). This item was continued from the February 1, 2022, meeting.
W.2. City of Richmond Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2021
327
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). This item was continued from the February 1, 2022, meeting.
X. PUBLIC HEARINGS
X.1. Appeal of Planning Commission’s approval of a conditional use permit and design review (PLN20-043)
669
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, January 18, 2022, and February 1, 2022, meetings.
The public hearing is closed on this item; for council discussion and resolution only.
X.2. Approval of New Fees for the Revised Master Fee Schedule 719 INTRODUCE an ordinance (first reading) establishing certain fees for the proposed Master Fee Schedule - Finance Department (Belinda Brown 510-620-6740/Antonio Banuelos 510-620- 6741).
Y. NEW BUSINESS
Y.1. Cease Expending Funds of Litigation Against the Mayor. 837 CEASE expending funds to litigate the mayor – Councilmember Nathaniel Bates (510-620-6743)
Y.2. Prioritization and Control of City Council Meeting Agenda Items and Discussion
839
APPROVE a procedure to expedite City business by establishing a time limit on City Council discussions and allow the mayor, city clerk, and city manager to prioritize the City Council agendas – Councilmember Nathaniel Bates (510-620-6743).
Y.3. Amend the Richmond Municipal Code to add new section 9.40.019 Non- residential Junior Accessory Dwelling Unit JADU Pilot Program 841
INTRODUCE an ordinance amending the Richmond Municipal Code to add new section 9.40.019 to allow Junior Accessory Dwelling Units in non-residential buildings during a Shelter Crisis – Mayor Tom Butt (510- 620-6503).
Z. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
AA. ADJOURNMENT
January 18, 2022
City Clerk's Office
DATE: February 15, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Pamela Christian, City Clerk
Subject:
(This will appear on the agenda)
Continued use of teleconference technology for meetings of the Board of Commissioners of the Richmond Housing
Authority pursuant to the provisions of AB 361
FINANCIAL IMPACT: There will be no fiscal impact associated with this action.
PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
STATEMENT OF THE
ISSUE:
In order for the Board of Commissioners of the Richmond Housing Authority to continue conducting virtual meetings and comply with the provisions of the Brown Act it is
necessary for the Board of Commissioners of the
Richmond Housing Authority to make findings verifying
the need for the continuation of virtual meetings.
RECOMMENDED ACTION:
(This will appear on the agenda)
ADOPT a resolution requiring the continued use of
teleconferencing for the meetings of the Board of
Commissioners of the Richmond Housing Authority
pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510-620-6513).
AGENDA
REPORT
January 18, 2022
DISCUSSION:
Background
Beginning in March of 2020, the Governor issued a series of Executive Orders relaxing certain provisions of the Brown Act in response to the COVID-19 pandemic. In short, those orders allowed local governments to conduct their meetings 100% remotely, so long as members of the public still had the ability to view, listen and comment on items on the agenda. The most recent of these orders expired on September 30, 2021. On September 16, 2021, the governor signed into law AB 361, an urgency measure (meaning it became effective immediately) which largely continues the executive orders allowing for remote meetings. The Governor subsequently issued an order making the provisions of AB 361 effective beginning October 1, 2021.
Analysis of Assembly Bill (AB) 361
AB 361 contains several requirements in order to continue the use of remote meetings.
These include:
● There must be a state of emergency declared under the California Emergency Services Act. This effectively means the Governor must have declared the emergency. ● During the state of emergency, either state or local officials have imposed or recommended measures to promote social distancing, or that meeting in person would present an imminent risk to the health or safety of attendees. ● In order to continue to utilize remote meetings, the Council must reconsider the factors above every 30 days and adopt specified findings that the fact relied upon still exist.
As the attached resolution spells out, the State of California is still under an emergency declaration regarding COVID-19, and both state and local health officials continue to recommend social distancing to help stop the spread of the virus. The resolution requires that all meetings of the Board of Commissioners of the Richmond Housing Authority will be held using teleconferencing technology The Board of Commissioners of the Richmond Housing Authority will continue to update the findings every 30 days, in compliance with AB 361.
DOCUMENTS ATTACHED:
Attachment 1- Resolution requiring the continued use of teleconferencing for the meetings of all the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361
Reso. No.
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING
AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, MAKING FINDINGS
REQUIRING THE CONTINUED USE OF TELECONFERENCING FOR MEETINGS
OF THE BOARD OF COMMISSIONERS OF THE RICHMOND HOUSING
AUTHORITY PURSUANT TO THE PROVISIONS OF AB 361
WHEREAS in response to the COVID-19 pandemic, the Governor adopted a series of Executive Orders allowing the legislative bodies of local governments to meet remotely via teleconference through September 30, 2021, so long as other provisions of the Ralph M. Brown Act (“Brown Act”) were followed; and
WHEREAS, on September 16, 2021, the Governor signed into law as an urgency measure, Assembly Bill (AB) 361 a bill that amends the Brown Act to allow local policy bodies to continue to meet by teleconferencing during a state of emergency without complying with restrictions in state law that would otherwise apply, provided that the policy bodies make certain findings at least once every 30 days; and
WHEREAS, the Board of Commissioners of the Richmond Housing Authority has considered the current state of health guidance related to public meetings in Contra Costa County and finds it necessary to continue with remote meetings for the next 30 days to promote public health and safety; and
WHEREAS, the entire State of California remains under a proclaimed state of emergency as declared by the Governor of the state of California related to the COVID-19 pandemic; and
WHEREAS, the California Department of Public Health continues to require the use of face coverings in indoor settings in order to help stop the spread of the virus.
WHEREAS, the Health Officer for Contra Costa County published “Recommendations for Safely Holding Public Meetings” on September 20, 2021, that “strongly recommend” on- online meetings, and that local agencies should provide options for the public to participate without having to attend meetings in person, and that social distancing should be used for any in- person meetings, including six feet of spacing between all in attendance; and
WHEREAS, the Board of Commissioners of the Richmond Housing Authority has met remotely during the COVID-19 pandemic and can continue to do so in a manner that allows public participation and transparency while minimizing health risks to members, staff, and the public who would be present with in-person meetings while this emergency continues.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE
HOUSING AUTHORITY OF THE CITY OF RICHMOND, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA THAT the Board of Commissioners of the Richmond Housing Authority finds as follows:
1. As described above, the State of California, the County of Contra Costa and the City of Richmond remain in a state of emergency due to the COVI-19 pandemic. At this meeting the Board of Commissioners of the Richmond Housing Authority has considered the circumstances of the state of emergency; and
2. As described above State and County officials continue to recommend measures to promote physical distancing and other social distancing measures, in some settings; and
3. As described above meetings of this body in person would present imminent risks to the safety of attendees, and the state of emergency continues to directly impact the ability of members to meet safely in public; and:
Reso. No.
BE IT FURTHER RESOLVED THAT That, based on the findings required by Government Code section 549539(e), as amended by AB 361, the Board of Commissioners of the Richmond Housing Authority requires the continued use of teleconferencing for the next 30 days for all public meetings of the Board of Commissioners of the Richmond Housing Authority; and
BE IT FURTHER RESOLVED, That all public meetings of the Board of Commissioners of the Richmond Housing Authority conducted by teleconferencing technology shall provide an opportunity for members of the public to address the body and otherwise occur in a manner that protects all statutory and constitutional rights of the public attending the meeting via teleconferencing, and;
BE IT FURTHER RESOLVED That the Clerk of the Board of Commissioners of the Richmond Housing Authority is directed to place a resolution substantially similar to this resolution on the agenda of a future meeting of the Board of Commissioners of the Richmond Housing Authority within the next 30 days.
**************************
The foregoing resolution was passed and adopted by the Commissioners of the Housing Authority of the City of Richmond at a special meeting thereof held on February 15, 2022, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Chairperson
[SEAL]
Attest:
Secretary
Approved as to form:
City Attorney
February 15, 2022
City Attorney's Office
DATE: February 15, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Dave Aleshire, Interim City Attorney
Shannon L. Moore, Senior Assistant City Attorney
SUBJECT:
Adopt a Resolution Amending the City of Richmond’s
Conflict-of-Interest Code
FINANCIAL IMPACT: No financial impact
PREVIOUS COUNCIL
ACTION:
December 2019
STATEMENT OF THE
ISSUE:
The Political Reform Act requires the City of Richmond to review and update its conflict-of-interest code every two years. The City Attorney’s Office has reviewed the
current conflict of interest code and determined that the code should be amended to update designated positions.
RECOMMENDED ACTION:
ADOPT a resolution amending the City of Richmond’s
Conflict-of Interest Code to ensure that all City positions required to file Statements of Economic Interest are
properly identified – City Attorney’s Office (Interim City Attorney Dave Aleshire 510-620-6509).
AGENDA
REPORT
February 15, 2022
DISCUSSION:
The Political Reform Act (Government Code section 81000, et seq.) requires all local government agencies to adopt a conflict-of-interest code. A local government agency’s conflict of interest code must list all agency positions that involve the making or participation in making of decisions that “may foreseeably have a material effect on any financial interest.” Participation means, for example, negotiating the terms of a contract, writing the specifications of a bid, or making recommendations to the decision-maker or governing body without significant intervening substantive review. This covers agency members, officers, employees, and consultants and it may include volunteers on a committee if the members make or participate in making government decisions.
Designated employees are required by the code to file Statements of Economic Interests (Form 700s) and to disqualify themselves when conflicts of interest occur. A Statement of Economic Interest (Form 700) is a public document intended to alert public officials and members of the public to the types of financial interests that may create conflicts of interests.
The City Attorney’s Office, in consultation with other departments, determined which positions and commissioners should be included in the conflict-of-interest code as designated employees. We also determined what financial interests each category of designated employees should be required to disclose. Based on this review, the amended conflict of interest code designates the positions that are currently required to complete a Form 700 and assigns disclosure categories specifying the types of interests to be reported.
The City Clerk will send an email to all those designated in the Conflict-of-Interest Code with a Form 700 filing obligation. The Clerk’s Office will work with each department point of contact to track and ensure that each filer electronically files their Form 700 by April
1. The point of contact for each department is responsible for the notification to incoming and departing designated employees that they are required to fill out Form 700s by April 1. These additional provisions will help to ensure that designated employees comply with their filing obligations.
The amended conflict of interest code now needs City Council approval to go into effect.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution to adopt Amended Conflict of Interest Code Attachment 2 – Appendix A – Designated Positions
Attachment 3 – Appendix B – Disclosure Categories
Attachment 4 – Appendix C - Regulations of the Fair Political Practices Commission
Reso. No.
RESOLUTION NO. xxx-21
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,
AMENDING THE CONFLICT-OF-INTEREST CODE FOR THE CITY OF RICHMOND
WHEREAS, the Political Reform Act, Government Code section 81000 et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes; and,
WHEREAS, the Fair Political Practices Commission has adopted a regulation (Title 2, Division 6, California Code of Regulations section 187302) which contains the terms of a standard conflict of interest code that meets the requirements of the Political Reform Act; and
WHEREAS, the terms of Title 2, Division 6, California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference; and
WHEREAS, the City of Richmond’s Conflict of Interest Code includes, in addition to Title 2, Division 6, California Code of regulations section 18730, appendices of those positions that are required to disclose financial information (“designated positions”) and disclosure categories; and
WHEREAS, said appendices of Resolution No. 117-19, which include designated positions and disclosure categories, have been reviewed by the City Attorney’s Office; and
WHEREAS, based on this review and necessary consultation, the City Attorney’s Office determined that the City of Richmond’s Conflict of Interest Code should be amended to reflect current positions and duties.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond, as follows:
A. Resolution No. 117-19, adopted on December 17, 2019, is hereby rescinded and is of no further force and effect.
B. City Council Members, the Mayor, the City Manager, the City Attorney, members of the planning commission, public officials who manage public investments, and any other officer who may be subject to the provisions of Government Code section 87200, shall file electronically using the electronic system, no hard copy is needed; or file one original Statement of Economic Interest (Form 700) with the City Clerk who shall publish a copy to the electronic system and forward the original to the Fair Political Practices Commission which shall be the filing officer.
C. This Resolution, including the attached Appendix A (Designated Positions), Appendix B (Disclosure Categories), and Appendix C (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations section 18730) shall constitute the City of Richmond’s Conflict of Interest Code.
D. The terms of Title 2, Division 6, California Code of Regulations section 18730 and any amendments adopted by the Fair Political Practices Commission, are hereby incorporated by reference as Appendix C.
E. City Clerk as Filing Officer: An individual holding a designated position shall file his or her Statement of Economic Interest (Form 700) with the City Clerk to whom the Richmond City Council hereby designates the authority to carry out the duties of the filing officer. The Filing Officer shall send an original and a reminder email to all individuals that have been identified to have a filing requirement.
F. Point of Contact for each Department: An individual whose duty it is to work with the City Clerk’s Office to remind each designated employee that he or she must electronically using the electronic system - no copy needed, or manually transmit an original Form 700 to the City Clerk by April 1.
Reso. No.
G. Departing Designated Employees: The point of contact shall notify departing designated employees that he or she must submit a Form 700 no later than his or her last day of service. The point of contact must also provide the name of the departing designated employee to the City Clerk before his or her last day of employment so that the departing employee may file electronically.
H. New Designated Employees: When a new employee starts in a department, the point of contact shall determine if the employee is a designated employee by referring to the Conflict of Interest designated positions, and if he or she is a designated employee, the point of contact must notify the City Clerk within 10 days of his or her starting date. The point of contact must also notify a new designated employee within the department that he or she must electronically transmit a Form 700 to the City Clerk within 30 days of his or her initial start date.
I. Individuals holding designated positions shall file their Statement of Economic Interest no later than April 1 using the electronic system or file an original copy with the City Clerk, who will retain the statements and make them available for public inspection and reproduction.
**********************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held (date) by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
Mayor
Approved as to form:
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. , finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on _________________
Pamela Christian, Clerk of the City of Richmond
1 Updated: February 2022
APPENDIX A - DESIGNATED POSITIONS
Mayor's Office
Designated Position Disclosure Category
Assistant Administrative Analyst 5
Assistant to the Mayor 1,2
Mayor (87200 Filer) 1,2
Management Analyst 5
City Attorney's Office
Designated Positions Disclosure Category
Assistant City Attorney 1, 2
Chief Assistant City Attorney 1, 2 Senior Assistant City Attorney 1, 2
Supervising Office Assistant 6
City Attorney (87200 Filer) 1,2
City Clerk's Office
Designated Position Disclosure Category
Deputy City Clerk 1, 2
City Clerk (87200 Filer) 1, 2
City Council
Designated Position Disclosure Category
Members of the City Council (87200 Filer) 1,2
Staff Assistant to City Council 1,2
Senior Administrative Analyst 1,2
City Manager's Office
Designated Position Disclosure Category
City Manager (87200 Filer) 1, 2
Fire Department
Designated Position Disclosure Category
Administrative Services Analyst 6
Battalion Chief 1
Deputy Fire Chief 1, 2
Deputy Fire Marshal 1, 2
Emergency Services Manager 1
Fire Chief 1, 2
Fire Inspector I, II 1, 2
Police Department
Designated Position Disclosure Category
Accountant II 6
2 Updated: February 2022
Assistant Police Chief 1, 2
Communications Manager 6
Internal Affairs Lieutenant 1
Police Captain 1, 2
Police Chief 1, 2
Project Manager 1, 2
Senior Accountant 5
Rent Program
Designated Position Disclosure Category
Deputy Director 1, 2
Executive Director 1, 2
Hearing Examiner 1, 2
Management Analyst II 5
Senior Management Analyst 1,2
Rent Program Services Analyst II 5
Staff Attorney
1, 2
ECONOMIC DEVELOPMENT DEPARTMENT
Designated Position Disclosure Category
Deputy City Manager 1, 2
Environmental & Health Initiatives
Designated Position Disclosure Category
Environmental Manager 1, 2
Property Management
Development Project Manager II 1, 2
Business Support
Management Analyst (I, II) 1,2
Arts and Culture
Arts and Culture Manager 1, 2
Housing Authority
Designated Position Disclosure Category
Executive Director of Housing Authority 1, 2
Resident Housing Manager 6
Senior Development Project Manager 6
Senior Management Analyst 1,2
Senior Resident Housing Manager 6
3 Updated: February 2022
Port Department
Designated Position Disclosure Category
Executive Director 1, 2
Port Marketing/Operations Manager 1
INTERNAL SERVICES DEPARTMENT
Designated Position Disclosure Category
Deputy City Manager 1, 2
Finance Department
Designated Position Disclosure Category
Accountant (1, II, Senior) 1, 2
Accounting Manager 1, 2
Budget Administrator 1, 2
Budget Analyst (I, II, Senior) 1, 4
Budget and Financial Service Agency Director / Treasurer 1, 2 Buyer (I, II, Senior) 5
Investment Analyst 1, 2
Payroll Supervisor 1, 2
Revenue Manager 1, 2
Senior Accountant 1,2
Human Resources Management Department
Designated Position Disclosure Category
Administrative Services Analyst 5
Employee Benefits Analyst 5
Human Resources Director 1, 2
Human Resources Manager 1
Human Resources Technician I/II/III 5
Labor Relations /Training Manager 1
Personnel Analyst I/II 1
Principal Personnel Analyst 1
Senior Employee Benefits Analyst 1
Senior Personnel Analyst 1
Information Technology Department
Designated Position Disclosure Category
Cable Television Manager
6 GIS Administrator 6
Information Technology Director
Information Technology Manager
1, 6
Network & Systems Security Officer 6
4 Updated: February 2022
Telecommunications Manager 6
COMMUNITY SERVICES DEPARTMENT
Designated Position Disclosure Category
Community Services Director 1, 2
Recreation
Designated Position Disclosure Category
Senior Accountant 1, 2
Accountant 1, 2
Administrative Aide 6
Community Services Administrative Manager 6
Community Services Program Manager 6
Finance Manager 6
Accounting Assistant II 6
Senior Accountant 1, 2
Recreation Supervisor 6
Assistant Administrative Analyst 6
Office Assistant II 6
Office Specialist 6
Recreation Program Coordinator 6
Employment and Training
Designated Position Disclosure Category
Employment and Training Director 1, 2
Employment Program Manager 6
Employment Program Specialist (I,II) 6
Finance Manager 6
Project Coordinator 1, 2
Senior Employment Program Specialist 6
Library and Cultural Services
Designated Position Disclosure Category
Administrative Librarian – Adult Access Services 6
Administrative Librarian – Children and Extension Services 6 Arts and Culture Manager 6
Director of Library and Cultural Services 1, 2
Executive Secretary 6
Head of Reference 6
Learning Center Manager 6
Librarian (I, II) 6
Library Access Services Manager 6
Family Literacy Specialist 6
5 Updated: February 2022
Literacy Program Manager 6
Office of Neighborhood Safety
Designated Position Disclosure Category
Accounting Assistant 6
Deputy Director of Community Services 1
ONS Program Manager 6
Project Coordinator 6
PUBLIC WORKS DEPARTMENT
Designated Position Disclosure Category
Public Works Director 1,2
Engineering & Capital Improvement Projects
Designated Position Disclosure Category
Construction Inspector I 2, 3, 5, 7
Development Project Manager II 2, 3
Office Assistant II 6
Director of Engineering and Capital Improvement Projects 1, 2 Public Works Streets Maintenance Superintendent 1, 2
Senior Civil Engineer 2, 5
Office Assistant II 6
Infrastructure Maintenance & Operations
Designated Position Disclosure Category
Director of Infrastructure and Maintenance Operations 1, 2 Electrical Supervisor 6
Equipment Services Superintendent 1, 2
Parks Supervisor 2, 6
Parks & Landscaping Superintendent 6
Public Works Administrative Manager 6
Public Works Facilities Maintenance Superintendent 1, 2 Public Works Street Maintenance Superintendent 1, 2
Water Resource Recovery
Designated Position Disclosure Category
Administrative Services Analyst 1,2
Engineering Infrastructure Administrator 6
Management Analyst II 5
Project Manager 6
Project Coordinator 6
Environmental Compliance Inspector 2, 3, 5, 7
6 Updated: February 2022
Deputy Public Works Director/City Engineer 1, 2
COMMUNITY DEVELOPMENT DEPARTMENT
Designated Position Disclosure Category
Community Development Director 1,2
Housing & Community Development
Designated Position Disclosure Category
Housing Manager 6
Planner 2 1, 2
Senior Planner 1, 2
Planning and Building Services
Designated Position Disclosure Category
Accountant II 1, 2
Associate Planner 1, 2
Senior Administrative Analyst 1, 2
Building Inspector Supervisor 1, 2
Building Inspector 1, 2
Building Official 1, 2
Code Enforcement Manager 1,2
Community Development Director 1, 2
Deputy Building Official 1,2
Industrial Building Inspector 1,2
Permit Technician (I,II) 6
Plan Check Engineer 1, 2
Planning Manager 1, 2
Planner (I,II) 1, 2
Senior Accountant 1,2
Senior Building Inspector 1, 2
Senior Planner 1, 2
Code Enforcement Officer (I, II) 2, 5
BOARDS AND COMMISSIONS
Design Review Board
Designated Position Disclosure Category
Members of the Design Review Board 1, 2
Economic Development Commission
Designated Position Disclosure Category
7 Updated: February 2022
Members of the Economic Development Commission 1, 2
General Pension Board
Designated Position Disclosure Category
Members of the General Pension Board 1
Historic Preservation Advisory Committee
Designated Position Disclosure Category
Members of the General Pension Board 1, 2
Housing Advisory Commission
Designated Position Disclosure Category
Members of the Housing Advisory Commission 1, 2
Personnel Board
Designated Position Disclosure Category
Members of the Personnel Board 1
Planning Commission
Designated Position Disclosure Category
Members of the Planning Commission (87200 Filer) 1, 2
Police Commission
Designated Position Disclosure Category
Investigative Appeals Officer 1
Members of the Police Commission 1
Police and Firemen's Pension Board
Designated Position Disclosure Category
Members of the Police and Firemen’s Pension Board 1
8 Updated: February 2022
Reimagining Public Safety Task Force
Designated Position
Disclosure Category
Members of the Reimagining Public Safety Task Force 1
Rent Board
Designated Position Disclosure Category
Members of the Rent Board 1, 2
Workforce Investment Board
Designated Position Disclosure Category
Members of the Workforce Investment Board 1
Miscellaneous
Designated Position Disclosure Category
Consultant* TBD
*The City Manager, in consultation with the City Attorney, may determine in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to comply with the disclosure requirement above. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the Disclosure Category required. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as Statements of Economic Interests filed pursuant to this conflict of interest code.
APPENDIX B - DISCLOSURE CATEGORIES
Individuals holding designated positions must report their interests according to the following corresponding disclosure category(ies) to which their position has been assigned.
Category 1: All management positions and investments in business entities, and all sources of income, including gifts, loans, and travel payments.
Category 2: All interests in real property which are located in whole or in part within, or within two (2) miles of, the jurisdiction of the City of Richmond. (Do not include primary residence) Category 3: All investments and management positions in, and sources of income from, business entities that are engaged in land development, construction, or the acquisition or sale of real property within the jurisdiction of the City.
Category 4: All investments and management positions in, and sources of income from, business entities that are banking, savings and loan, insurance, or other related financial institutions.
Category 5: All investments, management positions and sources of income, including gifts, loans and travel payments, from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City of Richmond.
Category 6: All investments, management positions and sources of income, including gifts, loans and travel payments, from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the Designated Employee’s Department.
Category 7: All investments and management positions in, and sources of income from entities which are or could reasonably be expected to become subject to the regulatory, permit, or licensing authority of the Designated Employee’s Department.
1 Appendix C
(Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of
Regulations.)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.
2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories
3 are the kinds of economic interests which he or she foreseeably can affect materially through the conduct of his or her office.
(4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing.
(A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April
1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following his or her return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that he or she is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of his or her military status.
4 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and
(2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
5 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political
Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.
When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following:
1. A statement of the nature of the investment or interest;
6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain:
1. The name and address of each source of income aggregating $500 or more in value, or
$50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;
2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain:
1. The name, address, and a general description of the business activity of the business entity;
7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $500.
8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $500 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected
9 officer has been elected or over which that elected officer's agency has direction and control.
This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.
10 4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998.
(C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
11 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan.
c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
12 (9) Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating
$500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The
13 fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.
When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.
14 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
1 Designated employees who are required to file statements of economic interests under any
other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in
agencies who make and retain copies of statements and forward the originals to the filing officer.
3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.
However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
15 5 A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency.
6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300-
87302, 89501, 89502 and 89503, Government Code.
HISTORY
1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).
Certificate of Compliance included.
2. Editorial correction (Register 80, No. 29).
3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No.
2).
4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register
83, No. 5).
5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register
83, No. 46).
6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).
7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).
8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28-
90; operative 9-27-90 (Reg. 90, No. 42).
16 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).
10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93;
operative 2-4-93 (Register 93, No. 6).
11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.
12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).
13. Editorial correction adding History 11 and 12 and deleting duplicate section number
(Register 94, No. 17).
14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).
15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No.
13).
16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).
17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to
Government Code section 11343.4(d) (Register 97, No. 15).
17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).
19. Editorial correction of subsection (a) (Register 98, No. 47).
20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11-
99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).
21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1-
2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California
Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).
22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).
23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).
24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements) (Register 2003, No. 3).
25. Editorial correction of History 24 (Register 2003, No. 12).
26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).
27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).
28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register
2005, No. 41).
29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18-
2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).
30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11-
30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).
31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
19 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).
32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2).
33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.
Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).
34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to
OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law,
3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision,
20 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).
35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1-
11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).
February 15, 2022
City Clerk's Office
DATE: February 15, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Pamela Christian, City Clerk
Subject:
(This will appear on the agenda)
Continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of
Assembly Bill (Ab) 361
FINANCIAL IMPACT: There is no additional financial impact.
PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
Click or tap here to enter text.
STATEMENT OF THE
ISSUE:
In order for the City Council to continue conducting virtual meetings and comply with the provisions of the Brown
Act, it is necessary for the City Council to make findings verifying the need for the continuation of virtual meetings.
RECOMMENDED ACTION:
(This will appear on the agenda)
ADOPT a resolution requiring the continued use of
teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361 – City Clerk’s Office (Pamela Christian 510-620-6513).
AGENDA
REPORT
February 15, 2022
DISCUSSION:
Background
Beginning in March of 2020, the Governor issued a series of executive orders relaxing certain provisions of the Brown Act in response to the COVID-19 pandemic. In short, those orders allowed local governments to conduct its meetings one hundred percent remotely, so long as members of the public still had the ability to view, listen and comment on items on the agenda. The most recent of these orders expired on September 30, 2021.
On September 15, 2021, the governor signed into law AB 361, an urgency measure (meaning it became effective immediately) which largely continues the executive orders allowing for remote meetings. The Governor subsequently issued an order making the provisions of AB 361 effective beginning October 1, 2021.
Analysis of Assembly Bill (AB) 361
AB 361 contains several requirements in order to continue the use of remote meetings.
These include:
● There must be a state of emergency declared under the California Emergency Services Act. This effectively means the Governor must have declared the emergency.
● During the state of emergency, either state or local officials have imposed or recommended measures to promote social distancing, or that meeting in person would present an imminent risk to the health or safety of attendees. ● In order to continue to utilize remote meetings, the Council must reconsider the factors above every 30 days and adopt specified findings that the fact relied upon still exist.
As the attached resolution spells out, the State of California is still under an emergency declaration regarding COVID-19, and both state and local health officials continue to recommend social distancing to help stop the spread of the virus. The resolution applies to all of the City’s legislative bodies (as defined by the Brown Act) and will remain in effect for the next 30 days. The city will continue to update the findings every 30 days, in compliance with AB 361.
DOCUMENTS ATTACHED:
Attachment 1- Resolution requiring the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of AB 361
Reso. No.
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,
MAKING FINDINGS REQUIRING THE CONTINUED USE OF
TELECONFERENCING FOR MEETINGS OF ALL CITY OF RICHMOND
LEGISLATIVE BODIES PURSUANT TO THE PROVISIONS OF AB 361
WHEREAS, in response to the COVID-19 pandemic, the Governor adopted a series of Executive Orders allowing the legislative bodies of local governments to meet remotely via teleconference through September 30, 2021, so long as other provisions of the Ralph M. Brown Act (“Brown Act”) were followed; and
WHEREAS, on September 16, 2021, the Governor signed into law as an urgency measure, AB 361 a bill that amends the Brown Act to allow local policy bodies to continue to meet by teleconferencing during a state of emergency without complying with restrictions in state law that would otherwise apply, provided that the policy bodies make certain findings at least once every 30 days; and
WHEREAS, on behalf of all legislative bodies of the City of Richmond that are subject to the Brown Act, the Richmond City Council has considered the current state of health guidance related to public meetings in Contra Costa County and finds it necessary to continue with remote meetings for the next 30 days to promote public health and safety; and
WHEREAS, the entire State of California remains under a proclaimed state of emergency as declared by the Governor of the state of California related to the COVID-19 pandemic; and
WHEREAS, the California Department of Public Health continues to require the use of face coverings in indoor settings in order to help stop the spread of the virus.
WHEREAS, the Health Officer for Contra Costa County published “Recommendations for Safely Holding Public Meetings” on September 20, 2021 that “strongly recommend” on- online meetings, and that local agencies should provide options for the public to participate without having to attend meetings in person, and that social distancing should be used for any in- person meetings, including six feet of spacing between all in attendance; and
WHEREAS, the City Council and all other legislative bodies of the City of Richmond have met remotely during the COVID-19 pandemic and can continue to do so in a manner that allows public participation and transparency while minimizing health risks to members, staff, and the public who would be present with in-person meetings while this emergency continues.
NOW, THEREFORE, BE IT RESOLVED, That the City Council of the City of Richmond finds as follows:
1. As described above, the State of California, the County of Contra Costa and the City of Richmond remain in a state of emergency due to the COVI-19 pandemic. At this meeting the Richmond City Council has considered the circumstances of the state of emergency; and
2. As described above State and County officials continue to recommend measures to promote physical distancing and other social distancing measures, in some settings; and
3. As described above meetings of this body in person would present imminent risks to the safety of attendees, and the state of emergency continues to directly impact the ability of members to meet safely in public; and:
BE IT FURTHER RESOLVED That, based on the findings required by Government Code section 549539(e), as amended by AB 361, the City of Richmond requires the continued use of teleconferencing for the next 30 days for all public meetings of the Richmond City Council and all City of Richmond boards, commissions, committees and subcommittees subject to the Brown Act; and
Reso. No.
BE IT FURTHER RESOLVED, That All City public meetings subject to the Brown Act conducted by teleconferencing technology shall provide an opportunity for members of the public to address the body and otherwise occur in a manner that protects all statutory and constitutional rights of the public attending the meeting via teleconferencing, and;
BE IT FURTHER RESOLVED That the City Clerk is directed to place a resolution substantially similar to this resolution on the agenda of a future meeting of the City Council within the next 30 days.
*********************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held February 15, 2022, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
Mayor
Approved as to form:
City Attorney
February 15, 2022
City Council
DATE: February 15, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Councilmember Nathaniel Bates
Councilmember Melvin Willis
Subject:
Rename Baseball Diamond #2 at Nicholl Park in Honor of
National Hero Willie Mays and Proclaim May 6th as Willie Mays Day
FINANCIAL IMPACT: Per the response of the Parks and Landscaping Superintendent, the cost to replace signage at Nicholl
Park and to update the website is minimal and included
in their operating budget.
PREVIOUS COUNCIL
ACTION:
There has been no action previously taken by the City
Council.
STATEMENT OF THE
ISSUE:
The Recreation & Parks Commission approved a request
from the Park Plaza Neighborhood Council and the South
Side Improvement Group Plus One to rename Diamond
#2 at Nicholl Park to Willie Mays Baseball Field and to Proclaim May 6th as Willie Mays Day.
RECOMMENDED ACTION:
APPROVE a request to rename Baseball Diamond Field
#2 at Nicholl Park to Willie Mays Baseball Field; and
ADOPT a Resolution of Intent to set a public hearing for March 1, 2022 - Councilmembers Nathaniel Bates (510-
620-6743) and Melvin Willis (510- 412-2050).
AGENDA
REPORT
February 15, 2022
DISCUSSION:
In June of 2015, Mr. Charles Cavness made a request to nominate Baseball Great, Willie Mays for a Recognition of Heroes at Nicholl Park. Willie Howard Mays, Jr. is an American former professional baseball center fielder who played Major League Baseball for 22 seasons. Willie Mays, also known as “The Say Hey Kid”, played for the New York and San Francisco Giants, the New York Mets, as well as the Birmingham Black Barons in the Negro Baseball League.
As a local hero, Willie Mays came to Richmond each year for 10 years to participate in the March of Dimes charitable events at Nicholl Park. Along with other national league players, Willie Mays would work with the little league teams. Mayor Livingston and Richmond residents alike were excited to participate in the activities and to see baseball heroes.
At its October 6, 2021 regular meeting, the Recreation and Parks Commission received a report from the Willie Mays Field Committee to approve the establishment of a Willie Mays Day and to rename Baseball Diamond #2 after Willie Mays. The Committee informed the Recreation and Parks Commission of the support from several neighborhood councils. After hearing from speakers, the Recreation and Parks Commission approved the request and recommended that it be forwarded to the Richmond City Council for approval.
Community Supporters
Park Plaza Neighborhood Council
Pullman Neighborhood Council
Laurel Park Neighborhood Council
North and East Neighborhood Council
Hilltop Neighborhood Council and
The South Side Improvement Group Pls One
The Resolution of Intent describes the intention of the Richmond City Council to approve the request to rename Baseball Diamond #2 at Nicholl Park to Willie Mays Baseball Field, to proclaim May 6th as Willie Mays Day in the City of Richmond, and to schedule a Public Hearing to receive public comment. Unless otherwise noticed, a Public Hearing will be scheduled for March 1, 2022.
Upon approval, staff will work with the Recreation and Parks Commission to plan the Willie Mays Day in May of 2022 and keep the City Council informed of the progress.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution of Intent
Attachment 2 – Re-Naming Nomination Form
Attachment 3 – 12/6/2021 Recreation and Parks Commission Meeting Minutes
RESOLUTION NO.
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND TO CHANGE THE NAME OF BASEBALL DIAMOND #2 AT NICHOLL PARK TO WILLIE MAYS BASEBALL FIELD AND TO PROCLAIM MAY 6TH AS WILLIE MAYS DAY IN THE CITY OF RICHMOND.
BE IT RESOLVED by the City Council of the City of Richmond, California as follows:
Section 1. It is the intention of the City Council of the City of Richmond to change the name of Baseball Diamond #2 at Nicholl Park to Willie Mays Baseball Field and to proclaim May 6th as Willie Mays Day in the City of Richmond.
Section 2. That Tuesday, March 1, 2022, at 6:30 p.m., or as soon thereafter, as the matter can be heard and will be held a public hearing via Zoom video conference and by toll-free teleconference call. All persons interested in or objecting to the proposed renaming of said baseball field or proclaiming May 6th as Willie Mays Day may attend the public hearing online or by toll-free teleconference call, or, prior to the time of the hearing, submit written comments.
Section 3. That the City Council staff is hereby instructed to: (1) mail the notice of a hearing to the neighborhood council and current users of the baseball field.
Section 4. That the City Clerk is hereby instructed to: (1) inform lead department to cause to be posted conspicuously at the baseball field a copy of this Resolution; and (2) cause to be printed and published in the West County Times, the notice of the Public Hearing at least ten (10) days before said hearing.
I certify that the foregoing resolution was adopted by the City Council of the City of Richmond at a regular meeting held on February 15, 2022, by the following vote:
--------------
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
Approved:
Mayor
Approved as to form:
City Attorney
Nomination Form
for
Naming or Re-Naming Parks, Facilities or Streets
1. Name ofNominee:
2. 3.
Nominated By:
Proposed
( ) Facility
( ) Park
( ) Street
t-)) Other
WI LL/E
( ) Individual ( ) Group ( ) Organization
Name: Chq p/es C.g v ness
Address:
Telephone: 7 CJ f ·-tf 'fi {) - " 0 8' 9
Current Name: Ali C hol/3..
Proposed Name: w I L-t- I£ !1AYS ee
PLEASE INDICATE THE CATEGORY THAT APPLIES TO THE NOMINATION: ~ Cf..) Service Recognition ( ) Monetary, Capital or Material /') 'J) ()() Recognition ofHeroes ()<,) ~~Are~ ?D'l 'Jt{b JW~
PLEASE FILL IN ONLY THE SECTION THAT APPLIES TO THE PROPOSED NOMINATION ADDITIONAL COMMENTS CAN BE INCLUDED IN THE THIRD (3)
PAGE OR OTHER RELATED MATERIALS OR COMMENTS MAYBE ATTACHED TO THE APPLICATION.
1
('/'YES ( ) NO
2. Did the contribution exceed five (5) years in duration? <f< YES ( )NO
3. Is the nominee an elected or appointed official?
( ) YES (/Q NO
4. Did the contribution have a direct positive effect on the delivery of public services?
9<) YES ( )NO
5. If the nominee is DECEASED and provided service while they were in a pay status or they were an elected or appointed official, please indicate year of death.
Year of Death
a. Did the service exceed ten (10) years in duration?
()<)YES ( )NO
MONETARY, CAPITAL ORMATERJAL CONTRIBUTION:
1. What is the amount or value of the contribution?
2. Date of contribution:
Date:
3. Does nominee have a good record of citizenship?
7YES ( ) NO
RECOGNITION OF HEROES:
1. Did the deed for which the nominee is being honored occur two (2) years prior to the date of consideration?
99YES ( ) NO
2
\ ) l"jU
3. Does the nominee have a good record of citizenship?
;X YES ( ) NO
4. Is the nominee recognized as a national hero by an agency of the United States Government? , l / ( _ ,\-e.1 H't--(ck.r s ~ G\ o. ~ s LJLIA <v) YES ) NO ' • lJ\,\.,o<>·T- v ~'it~ ? h'IC...
::MEOFAGENCY: ~ .£~1!)&.~ ba~
SPECIAL FEATURE , AREA OR LOCALE :
I. Is this name appropriate to the facility?
~YES ( )NO
Please explain in comments section.
NOMINATEDBY: ~~ ~
REC&ED IN RECREATION &PARKS
BY:
REQUESTED ACTION :
{ } Prepare for Commissioner recommendation
{ } Deny (Explanation)
3 DATE:
Naming-Renaming Parks
Nominee-0 Willie Mays
A national league player for New York Giants and the San Francisco Giants also Willie Mays played for the Negro League, Birmingham Black Barons, before coming to the Giants Willie Mays has always played a part in helping kids and their community-and Willie always served the city of Richmond Ca.~illie Mays came to Richmond for 10 years for the March of Dimes charitable events at Nichol Park. Other national league players would come and help Willie Mays organize the local little leagues teams.~ayor George Livingston was a witness to the events at Nichol Park. And others citizens of Richmond and some of the little league teams was Melody Ramblers and Milens Jewelers.
Sincerely,
~. {4-<ft-;U--A'Museum of African American Richmond Ca
Charles M. Cavness P.O Box 70046
Director-Curator, Founder Richmond, Ca 94807
Contact Number 707-450-6089
1 ;Va_ m ./11/ 5 -I( e /f/ a /A-'1 / J1'j jJ a t'/<;5
,AI v IVt_;!Ve. ·- Wlll/e M A y..s
---- ---- - - - -- - -- -- -· - - - - ·;;;-·- - - .
-~-----. . Pf-D-_Jl-··_le _ar . M· /t:_ l)(J_Ays_
A- ;V&'" +1~/1/a I L ·e ct f} we ?I C:'"- t e. tr
r-ol~ . ;vew )/t(Jf'K C-IA-Nf-S ;4-,vt_ .;-t;e
SIt r/ , Ff< t:L ;v c1 .esc v G-; A- /f/ ·f-S I+ ;v d fl- f. s o t;J"i/1 /-e_ IV1 A y .5 j:Y /e-t /: NJ fZ._ t-IJ e NeJ ;e tJ 1- e.. C'A J'f~t 'e., 8/ae-K. B IJ~o-:v:.s 13;.= n~-
c 6 M 1/V .J /{; f-}1 e C- I /t- fi/1- ~-
[// 71/) :e /}/)A y:.s· J-1 ~ 5>' ' C( I ~1/ ax~" ' ..
jJ I A · y 1-} f> a r·l- / )V /-1 e~ I;>J 1 t1/ tf I<./ d .J . A_;v/J. · ·r); -e t--e._ . eo~? M ui-x· -,,· A Aid l-11;/lt~ /Yl /! ys J Jcf Th a j- /IV J'<Jc.hwrc;;_v&( C't~/;r
/IV_J ~II le . /h rA ( Wt' ulcf co fVle -1-tJ A. ~c_t,rl1 o ~,£ 1-P,A :fe ttl y e 11 v .S' F IJ 1~ fl1 t: . !1/l a .trc h·. or-!) ; me S c hv v- tfv.ble E' ve;V!s A ·r JVIc.htJ I Pc~rJ\.·_(
~ /)r JV d Of-~ -e r A/ e-t ·f-/tJ ;t/?? L. i eat• tt f' 1~ /~t.y e r tAla u It~ Co IV! e .4-;v p( l+c~ f/J w 1/11 e IYJA-;rs f lt-L7 f< j'(: h fi1 () /v /!( /- /If- L e: f_ 'f? ~ 5 q e ? I q_ y e {/-! ~ /VJ A Y~lr ~ a- 'f:; ry·_e L; 1//W:;i'Sy:._~/V W4/.5 fl wrt-/1/ess ro·t-AJ-f £/le;V73 .ATA//cAof
/_) c-t V ~ ... /+lv'cl 0 f-·h ·-rrs.' C 1'f-2 -e j\/ d F ~tc..hJI'/~f{;J~f J4.N·o! So;ue /V4l .... Me otJ=:rhe .L/ti-Le. Le?ty~te
t-e;: WIs. WC1.. S /Y/ e lod y · /{ Ci Jvt iJ/t."f"' S A-A// fV\J letVS :Jew-eL-er.s
I
I
W/IIJe IYJAJ5
f
l •fiiiil'
\
I
)
1 !1 . .... , .•. '
i
WILLIE MA YSI San Francisco Giants
1 Richmond Recreation & Parks Commission
MINUTES
Wednesday, October 6, 2021 6:00 PM
To view a video of this meeting click on this link:
https://richmond.granicus.com/ViewPublisher.php?view_id=37
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Meeting called to order by Chair Joey Smith at 6:10 P.M.
ROLL CALL
PRESENT: Joey Smith, Soheila Bana,* Brendan Havenar-Daughton, Maryn Hurlbut, Pardip S aini, Eleanor Thompson
*Arrived after Roll Call
ABSENT: Allison Blakeley (excused), Catalin Kaser (excused)
Vice Chair Brendan Havenar -Daughton requested that the Commission acknowledge that the City of Richmond was situated on land oc cupied for thousands of years by Huichin: Confederated Villages of Lisjan, Chochenyo Ohlone Territory, made up of the seven Tribe s of Lisjan (Ohlone), Karkin (Ohlone), Bay Miwok, Plains Miwok, W appo, Delta Yokut and Napian (Patwin) whose territory included Alameda, Contra Costa, Solano, Napa and San Joaquin counties. He added that there was an opportunity to support the Shu’umi Land Tax as a way to support the native community members in their work.
Chair Smith provided a brief overview of the meeting procedures and the Mission of the Recreation and Parks Commission.
AGENDA REVIEW AND ADOPTION
Motioned by Commissioner Hurlbut to approve the agenda, as shown, second ed by Commissioner Saini, the motion carried unanimously.
OPEN FORUM
Cordell Hindler invited Commissioners to a performanc e of “Our Town ” at the Contra Costa Civic Theater on Friday and Saturday at 8:00 P.M.
Jacqueline Thalberg noted that she often walked the beaches along the Marina Bay Trail where
2 construction material often washed up on the long beach, and recently a two-person lifeboat had been found sitting on the rocks . Since the boat had brittle materials that could foul the Bay , she asked who she could call to address that and similar situations where toxic debris washed up on the beaches.
Chair Smith advised that Ms. Thalberg should contact Jose Moreno, the Marina Park Supervisor at 510- 620-6921.
Dominique Roache-Green reported that the Mayor had approved the appointment of Aaron Rowden to the Commission, which would be considered by the City Council on October 19 . There were no additional applications at this time for the nine -member Recreation and Parks Commission where there was currently one vacancy. If Mr. Rowden was not appointed, there would be two vacancies.
ANNOUNCEMENTS & REPORTS THROUGH THE CHAIR
1. Chair Smith announced that Commissioner Saini would reach the maximum nine -year mark , which would be the end of his applicable terms unless the vacancy could not be filled and he could remain for 90 additional days or until that vacancy had been filled. Chair Smith commended Commissioner Saini’s service, dedication, tenacity, and contribution s to the Commission and to the City of Richmond. A Certificate of Recognition was presented to Commissioner Saini in recognition of his nine years of continuous service . Commissioner Saini thanked the Commission for the recognition.
2. The Next Commission meeting will be held on Wednesday, November 3 , 2021 via Zoom.
3. The balance in the Commission T rust account was reported to be $413.08, with an additional $1,000 in the RTA Snow Ball account.
4. Anyone wishing to speak during this meeting is encouraged to send an email to [email protected] by 12 P.M. the day of the meeting with the subject line “rec&parks commission speaker.” State your comments as “Open Forum” or “Staff Reports” as an example of the topic to be discussed.
AD HOC COMMITTEE STATEMENTS
Urban Green Canopy Committee (Brendan/Catalin/Maryn/Eleanor) Commissioner Havenar-Daughton announced a scaled down Arbor Day event on October 16, limited to 30 to 40 participants, and there was an event link to RSVP. While there was a continued concern for public health , the group was still welcoming organizations to do tabling although activities or gathering would be discouraged. The main focus would be on planting trees with 20 or so trees to be planted. An event to honor trees in Richmond in the spring was being considered when gathering might be possible.
Willie Mays Day (Maryn/Eleanor/Joey)
Commissioner Thompson described the background and concerted efforts by the Willie Mays Field Committee in cooperation with several neighborhood councils t o approve a Willie Mays Day and to name Diamond #2 in Nichol l Park after Willie Mays. She reported that Councilmember Bates had agreed to sponsor the proposal at the City Council. She expressed her hope that the proposal would be approved by the City Council.
Commissioner Hurlbut emphasized that the project had been ongoing for some time pending the due
3 diligence from the five neighborhood councils on the south side where only positive feedback had been produced.
Madalyn Law, President of the Park Plaza Neighborhood Council and Co-chair of the South Side Improvement Group Plus One, described the additional support from the Pullman, Laurel Park, and Hilltop Neighborhood Councils , and pledged to do everything possible to name the field for Willie Mays and to help promote and advocate to bring the event together.
Jan Mignone , President of the North & East Neighborhood Council, and the Richmond Neighborhood Coordinating Council also identified those in support, commended the event , and pledged to help wherever needed.
Motion by Commissioner Thompson to approve Willie Mays Day and to name Diamond #2 after Willie Mays in Nichol Park, seconded by Commissioner Hurlbut, and carried unanimously.
Associate Commissioner Committee (Maryn/Allison/Joey)
Commissioner Hurlbut advised she had submitted all the background information to the Commission and staff and noted the desire to begin the training program for how to be an effective Commissioner into two levels: for under 18-year old non-voting members and for over 18-year old voting members, at the beginning of every Commissioner’s first term.
Commissioner Bana arrived at this time.
Ms. Roache-Green said that those 18 years and older, even if a college student, should have voting rights while high sch ool students under 18 years of age could get credit for participating in the Commission. She was also working on a project to provide training for all incoming Commissioners to advise of the protocol and requirements of Commissioners. She and Ranjana Maharaj were also working with the legal department and would keep the Commission apprised of that process, as requested.
CONSENT CALENDAR
APPROVE minutes of the September 1, 2021 meeting
Motioned by Commissioner Havenar-Daughton to approve the minutes of the September 1, 20 21 meeting, as submitted, seconded by Commissioner Hurlbut, and carried unanimously.
REPORTS FROM STAFF
Public Works Department – oral and visual report presented by Jose Urquilla, Superintendent of Facilities and Greg Hardesty, Superintendent, Parks and Landscaping.
Library & Community Services Department – oral & visual report provided by Ranjana Maharaj, Community Services Administrative Manager.
PRESENTATIONS
1. Receive a Presentation Regarding Bechtel COVID-19 Love Your Block Grant – Stephanie Ny
Stephanie Ny, Community Services Division , provided an update on the Richmond Tool Lending Library, noted the need to fill a current vacancy, and explained that the hours had just been reduced .
4 She said that the Tool Lending Library was now officially in the City budget and funding would be available to sustain the program.
Commissioner Bana recommended that the City and County collaborate to have the Tool Lending Library be an actual library open at the same time as the regular Library to make it available to more residents.
With respect to the COVID -19 Mini grant program that ran through October 2020 to June 2021, Ms.
Ny stated that nine mini grants had been awarded for a total of $4,225 to community residents and organizations affected by COVID -19. In total, that amount had engaged 342 volunteers, 211 hours of services and served over 10,000 residents in Richmond. She provided a rundown of each of the projects and those who had made the mini grants work. She stated the money had come from a Bechtel grant.
2. Receive a Presentation on the Mobile Tool Lending Library – Stephanie Ny
Ms. Ny referred to the special Mobile Tool Lending Library funded by the North Richmond Mitigation Fee grant. The Mobile Tool Lending Library was to provide free tool lending by means of curbside delivery to people and residences, site pickup, and community events where non -profit organizations could host the mobile library for gardening and improvement pro jects. She described the outreach and surveys involved and stated there had been over 100 participants in the North Richmond community .
She said the most popular tools being used is the power tools. She identified the social media outreach, and shared how the tools themselves would be funded , managed, and stored to ensure the security of the tools. She added that a storage garage would be built.
Chair Smith requested that the contact information for Rebuild Together be included in the social media information.
Commissioner Saini verified with staff that while the stationery Richmo nd Tool Lending Library at the Richmond Recreation Complex was currently open, the Mobile Tool Lending Library funded by grant specifically for North Richmond residents was not expected to open until early 2022.
DISCUSSIONS & ACTION ITEMS
a. Update Rules for Naming or Re -naming of Parks, Facilities or Streets or Park Tables and Benches with accompanying fill in the blanks application form with imbedded instructions
Commissioner Hurlbut explained that the Naming Committee had crafted the rules and categories and had combined the guidelines in the application so that anyone applying for a name change or renaming would understand the process and request status updates.
Ms. Maharaj stated she had received the process for name change document from the City Council Liaison, and asked that those be combined into one document to be sent to the Commission for review at the November meeting.
Chair Smith stated she would reach out to the Commission to find out who was interested in participating in each of the committees to get more work done.
b. Create a Kiosk Concept Paper to go out to bid as part of a “Walk of Honor” to be installed as part of the Yellow Brick Road Project – Requestors – Charles Cavenes Arts and Culture Division staff and Toody Maher.
5 Jan Mignone described the history of the item about a way to honor volunteers in the City of Richmond, and offered the Richmond Neighborhood Coordinating Council’s Board of Directors desire to partner with the Commission as to how to secure the names and pursue the project.
Commissioner Hurlbut added that Charles Cavenes and Toody Maher wanted to participate because the concept that had previously been discussed was to move the Walk of Honor to the Yellow Brick Road and have a standardized kiosk concept to honor people with a story of their service, their category, and provide something appropriate for both the child and adult levels.
c. Update Park Signage to include the following information:
i. Ordinance regarding dog leash and waste pick up by park users. ii. Posting multilingual signage (English/Spanish)
iii. Signage regarding illegal dumping
iv. Signage with QR Codes
Mr. Hardesty offered examples of symbols that could be used for signs to identify the need that dogs be leashed. He offered design options, the Commission discussed the options, and he advised that he could add the applicable section of the Richmond Code to the sign, if so directed.
The Commission recommended the symbol with the human, the dog and the leash, to potentially include a QR Code with information in several languages , and to identify the applicab le City leash laws.
At 8:30 pm the meeting was extended 15 minutes to complete the agenda.
d. Update on Commissioner Attendance Reports and Address Discrepancy in Term Appointments.
As earlier reported, the item would be submitted to the City Council on October 19, 2021 to correct the terms of appointment.
e. Receive Update from Staff Regarding Fees for the Use of BTA Tennis/Pickleball Courts by the Eastbay Pickleball Association.
Staff provided an update stating a meeting was condu cted with the representatives of the Eastbay Pickleball Association. Based upon information shared amongst both parties, an amicable decision was reached to support the pickleball program allowing the fees to remain the same until the end of the grant period.
COMMISSIONER LIAISON REPORTS
A written report from Commissioner Blakeley was presented to the Commission.
COMMISSIONER COMMENTS
Chair Smith commented that at the last election she had served as a poll monitor and had learned there were 22 polling places in Richmond, many in recreation area s. She had visited 14 of them and all had passed muster.
6 Commissioner Thompson stated she had enjoyed working with Commission er Hurlbut and the Willie Mays Field Committee.
Chair Smith identified a corr ection to the materials packet from Commissioner Kaser where the spreadsheet had not shown Commissioner Kaser’s attendance at the May meeting . She reported that she had visited the Unity Park where Commissioner Kaser had led a clean-up event and the sharing of the Purple Collard Tree.
Commissioner Hurlbut asked if the park assignments for Commissioners could be addressed, and Chair Smith advised that she was currently in the process of assignments.
AGENDA SETTING FOR NEXT MEETING
There were no comments.
ADJOURNMENT
The meeting adjourned at 8:43 P.M.
Respectfully Submitted,
Anita L. Tucci-Smith
Minutes Clerk
February 15, 2022
City Council
DATE: February 15, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Councilmembers Claudia Jiménez and Eduardo Martínez
Subject:
Support of a safe and fair contract for refinery workers at Chevron, Richmond, CA
FINANCIAL IMPACT: There is no fiscal impact related to this item.
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
This resolution provides a formal opportunity for the
Richmond City Council to support USW local 5 members
and Chevron workers
RECOMMENDED ACTION:
ADOPT a resolution of the Richmond City Council in
support of a safe and fair contract for Refinery workers at Chevron in Richmond, California; and DIRECT staff to
send a copy of the resolution and cover letter to the
Chevron CEO John Watson - Councilmembers Claudia
Jimenez (510-620-6565) and Eduardo Martinez (510-
620-6593).
DISCUSSION:
The contract between Chevron and United Steelworkers (USW) Local 5 (who represents 550 Chevron refinery workers) expired January 31, 2022. The workers AGENDA
REPORT
February 15, 2022
represented by USW Local 5 have asked that their contract include safety measures as dictated by Fatigue Risk Management guidelines, which are outlined by The American Petroleum Institute in API 755 and were adopted by refineries across the country (including Richmond Chevron). Chevron has proposed to drastically reduce death benefits and pay for the Lubrications plant refinery workers, thereby creating a two-tier wage system and offering wages that do not keep pace with inflation (a reduction from 3% wage increase annually to .6% annually).
Local 5 has an obligation to its members to push for safe working conditions and basic benefits, Richmond City leadership has an obligation to its constituents to make sure corporations within City boundaries are not endangering community health, and Chevron has an obligation to the City of Richmond and the workers who maintain the entire facility to meet basic safety guidelines.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
RESOLUTION NO. XX
Resolution of the Richmond City Council in Support of a safe and fair contract for refinery workers at Chevron in Richmond, CA
WHEREAS, on January 31, 2022, the contract between Chevron and United Steelworkers (USW) Local 5 (who represents 550 Chevron refinery workers) expired; and WHEREAS, the workers represented by USW Local 5 are asking their contract to include safety measures as dictated by Fatigue Risk Management guidelines, which are outlined by The American Petroleum Institute in API 755 and were adopted by refineries across the country (including Richmond Chevron) in the wake of the devastating and fatal 2005 Texas City refinery explosion; and WHEREAS, Chevron instead wants to introduce language into refinery workers’ contracts that create dangerous and potentially lethal conditions: that company management may punish workers who have worked a full week’s schedule of 42 hours and refuse to come in on their one day off; and
WHEREAS, Chevron would like to drastically reduce death benefits and pay for the Lubrications plant refinery workers, thereby creating a two-tier wage system and offering wages that do not keep pace with inflation (a reduction from 3% wage increase annually to .6% annually); and WHEREAS, when USW Local 5 offered to complete a safe and orderly shutdown of the refinery in the event of a strike, were negotiations to prove ultimately unsuccessful, Chevron was unresponsive; and WHEREAS, Chevron owns a refinery whose presence significantly impacts the health and safety of the refinery workers and surrounding community. Richmond residents contend with disproportionately high rates of cardiovascular disease and cancer. Data from the California EPA places every community bordering the Chevron facility in the 99th percentile for asthma. Chevron creates ongoing risks of fires, spills, leaks, flaring, and toxic gas releases; and WHEREAS, the risks posed by Chevron’s unwillingness to meet refinery workers’ demands are unacceptable, as the modest stipulations put forward by the workers promote worker safety, community safety, and environmental safety; and
WHEREAS, Chevron is the largest employer in the City of Richmond; and WHEREAS, Richmond is a diverse working class city who has supplied Chevron with a workforce, public infrastructure, and optimum land since before the city itself was incorporated in 1905; and
WHEREAS, Richmond has historically supported union efforts including decent wages, safe work environments, and labor actions when necessary; and
WHEREAS, Richmond has a deep commitment to our working class community, which includes a majority people of color; and
WHEREAS, USW Local 5 has an obligation to its members to push for safe working conditions and basic benefits; Richmond city leadership has an obligation to its constituents to make sure corporations within city boundaries are not endangering community health; and Chevron has an obligation to the City of Richmond and the workers who maintain the entire facility to meet basic safety guidelines; NOW THEREFORE BE IT RESOLVED, that City staff send a copy of this resolution and a cover letter expressing the City Council’s strong support for the United Steelworkers Local 5 contract demands to the CEO of Chevron by Wednesday February 16, 2022.
--------------
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held on February 15, 2022, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
SEAL
Approved:
Mayor
Approved as to form:
City Attorney
February 15, 2022
Community Development
DATE: February 15, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Lina Velasco, Director of Community Development
LaShonda White, Interim Director of Library and
Community Services
Subject:
Contract with West Contra Costa Public Education Fund
(Edfund West) to Support Richmond Residents Impacted
by Covid through the Richmond Rapid Response Fund
(R3F).
FINANCIAL IMPACT: Funding for the Richmond Rapid Response Fund (R3F) was approved by the City Council as part of the FY 2021- 2022 budget, as recommended for the use of ARPA
funds (13631063-400201-AR238) on June 21, 2021.
PREVIOUS COUNCIL
ACTION:
June 21, 2021
STATEMENT OF THE
ISSUE:
The Community Development Department is requesting
City Council approval of a contract with West Contra
Costa Public Education Fund (EdFund West) to manage
the distribution of $600,000 in American Rescue Plan Act (ARPA) funding to support Richmond residents impacted
by the COVID-19 pandemic through the Richmond Rapid
Response Fund (R3F).
RECOMMENDED ACTION:
APPROVE a sole source contract with West Contra
Costa Public Education Fund (EdFund West) to manage
the distribution of American Rescue Plan Act (ARPA)
funding to support Richmond residents impacted by
COVID through the Richmond Rapid Response Fund
(R3F), in an amount not to exceed $600,000, for a term
from February 15, 2022, to December 31, 2024 –
Community Development Department (Lina Velasco 620-
6706).
AGENDA
REPORT
February 15, 2022
DISCUSSION:
On June 21, 2021, the City Council approved $7.25 million in American Rescue Plan Act (ARPA) funds as part of Fiscal Year (FY) 2021-2022 budget. City Council recommended staff allocate $600,000 to the Richmond Rapid Response Fund (R3F) to manage the disbursement to Richmond residents impacted by the COVID-19 pandemic.
The proposed contract would provide for the direct disbursements contemplated by the budget allocation. The American Rescue Plan Act of 2021 (ARPA) provides a substantial infusion of resources to eligible state, local, territorial, and tribal governments to help turn the tide on the pandemic, address its economic fallout, and lay the foundation for a strong and equitable recovery.
The West Contra Costa Public Education (EdFund West) partnered with various other community stakeholders to launch the Richmond Rapid Response Fund (R3F). EdFund West is the fiscal sponsor for R3F. Led by community and City of Richmond government leaders, R3F was created as a community-centered and community-driven fund with the sole purpose of supporting Richmond residents impacted by the COVID- 19 pandemic by developing systems to support the disbursement of cash disbursements for basic needs and rental assistance. R3F is Richmond-focused and was created because there were no existing funds ready to focus on and fundraise for COVID-specific needs and support, including an equitable recovery. Similar to ARPA, the R3F was created for purpose of supporting families and individuals impacted by the COVID-19 pandemic and assisting with an equitable recovery.
R3F’s focus is on the following key priority areas including food and essential supplies, economic recovery and security, housing and homelessness, health and healing, education and learning, and social and legal services.
EdFund West will serve as the main point of contact with the City for this scope of work; provide direct disbursement to Richmond residents or organizations with capacity to provide disbursements directly to residents of Richmond that were negatively impacted by the COVID-19 pandemic; provide rent and mortgage assistance to residents of Richmond that were negatively impacted by the COVID-19 pandemic; provide assistance to residents of Richmond experiencing homelessness to prepare them for more stable housing; if established, implement a pilot targeted income program; provide the City with an accounting of the $600,000 (to include the amount transferred directly to residents as direct disbursements, or to fund a targeted income program initiative, the amount transferred for rental/mortgage assistance, and any fees associated with the oversight and management of these transactions; provide a written report to the City by December 31, 2024, of the financial accounting and a brief write up of the number of residents supported; support the City in ensuring that the ARPA funding stipulations are met by the partnering organizations (i.e. requirement to confirm financial need by
February 15, 2022
residents due to the impact of COVID-19); and support the City with appropriate communication and correspondence of the ARPA funding to R3F.
CONCLUSION:
Based on the City Council’s approval of the FY 2021-2022 budget approved on June 21, 2021, staff is recommending a contract with West Contra Costa Public Education Fund (EdFund West) to manage the distribution of $600,000 in ARPA funding to support Richmond residents impacted by the COVID-19 pandemic through the Richmond Rapid Response Fund (R3F).
DOCUMENTS ATTACHED:
1 – Standard Contract
2 – Council Approval from June 21, 2021
3 – Sole Source
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:
For the Contract between the City of
Richmond and
West Contra Costa Public Education
Fund (EdFund West)
_____________________________
6. Provide the City with an accounting of the $600,000 (to include the amount transferred directly to residents as direct disbursements, or to fund a targeted income program initiative, the amount transferred for rental/mortgage assistance, and any fees associated with the oversight and management of these transactions;
7. Provide a written report to the City by December 31, 2024, of the financial accounting and a brief write up of the number of residents supported;
8. Support the City in ensuring that the ARPA funding stipulations are met by the partnering organizations (i.e. requirement to confirm financial need by residents due to the impact of COVID-19); and
9. Support the City with appropriate communication and correspondence of the ARPA funding to R3F.
Contractor anticipates the following categories of disbursement to the above-mentioned programs:
Program Name Budget
1 Fiscal Sponsorship/Oversight fees 70,000
2 Financial disbursements to residents 230,000
3 Rental/mortgage assistance 300,000
4 Target Income Program If established funding
would come from either
programs 2 and 3
The above budget anticipates that special or new programming may be necessary to meet the on- going and changing needs of the Richmond community, impacted by COVID-19.
Changes to the budget above shall be approved by the City in writing.
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.
City of Richmond Insurance Requirements – Type 5:
Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will be conducting business and/or providing services to the City of Richmond (City), or will be awarded City of Richmond (City) funds to provide programs or services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001)
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation insurance as required by the State of California including Employer’s Liability (for CONTRACTOR’s with employees);
5. Original and Separate Waiver of Subrogation for Workers’ Compensation Insurance.
6. Fidelity Bond/Crime Coverage – in an amount stipulated by City depending upon scope of contract.
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” located at:
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
General Liability
(primary and excess limits
combined)
$1,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate).
Policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the CONTRACTOR, its personnel, agents or subcontractors.
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
City of Richmond Insurance Requirements – Type 5:
Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 2 of 3
Revised: September 2011
Automobile Liability (If auto is used.) $1,000,000 per occurrence for bodily injury and property damage.
Fidelity Bond/Crime Coverage
(Applies if receiving City
funds.)
In an amount stipulated by City depending upon the scope of Contract. (Usually based upon the amount of money the Contractor is handling that could be embezzled over a period of time.)
Required Policy Conditions
Additional Insured Endorsement
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE ENDORSEMENT can be found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance providing coverage during the life of this contract.
SAMPLE ENDORSEMENT can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the contractor shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
City of Richmond Insurance Requirements – Type 5:
Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 3 of 3
Revised: September 2011
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR
must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?
INSRADDLSUBRLTRINSDWVD
PRODUCERCONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSUREDINSURER B :INSURER C :INSURER D :INSURER E :INSURER F :
POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #
COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
6/30/2021
(707) 462-8615(707) 468-954111384West Contra Costa Public Education Fund1400 Marina Way S.Richmond, CA 9480430147 A 1,000,0002021-518786/10/20216/10/2022500,00020,0001,000,0003,000,0003,000,000LIQUOR LIAB1,000,0001,000,000A 2021-518786/10/20216/10/20221,000,000A 2021-51878-UMB6/10/20216/10/20221,000,0000B 57WECAG6CNY6/14/20216/14/20221,000,0001,000,0001,000,000AImproper Sex Conduct2021-518786/10/2021$1,000,000 Ea Occ3,000,000Certificate is issued as proof of coverage.
Insured Copy
WESTCON-01MLOPEZ
George Petersen Insurance Agency, Inc.P.O. Box 1180Santa Rosa, CA [email protected]' Insurance Alliance of CaliforniaProperty and Casualty Ins Co of Hartford X6/10/2022
XXXXXXXX
cc21Jun2021 - Special Meeting
sl/prc
RICHMOND, CALIFORNIA, June 21, 2021
The Special Meeting of the Richmond City Council was
called to order at 6:30 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).
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 June 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, Vice Mayor Demnlus Johnson III, and Mayor Thomas K. Butt.
Absent: None.
PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional Video was shown.
STATEMENT OF CONFLICT OF INTEREST
None.
AGENDA REVIEW
None.
REPORT FROM THE CITY MANAGER
City Manager Laura Snideman announced that Contra Costa Health Services was providing free mobile COVID-19 vaccination services at workplaces and community organizations for groups of five or more people.
cc21Jun2021 - Special Meeting
sl/prc
Police Chief Bisa French provided a brief report on the shooting that occurred in the 2100 block of Dunn Avenue on June 20, 2021.
BUDGET SESSION
F-1. The matter to approve $7.25 million in American
Rescue Plan Act (ARPA) funds as part of the proposed Fiscal Year (FY) 2021-22 Annual Budget to replace lost revenue in the amount of $4 million; upgrade heating, ventilation, and air conditioning systems in the amount of $2 million; invest in community beautification efforts in the amount of $1 million; and conduct a community needs assessment in the amount of $250,000 to help inform the City Council's future decision for the City of Richmond's remaining ARPA allocation, was introduced by City Manager Laura Snideman. Interim Library and Community
Services Director LaShonda White presented a Powerpoint that highlighted the following: ARPA overview; FY 2021-2022 proposed ARPA allocations; ARPA categories and stakeholder input; and next steps. Discussion ensued. The council requested the following: Utilize ARPA funds for crucial recovery; focus on the most urgent needs for the most vulnerable and low-income communities, unemployment, youth, and the community most impacted by COVID-19; provide hard numbers for the community needs, existing services, and gaps in service; select consultants that were part of the community; and provide detailed plans for the community project proposal. The following individuals gave comments via teleconference: Mark Wassberg, Steve Bischoff, Katrinka Ruk, Shawn Dunning, Leisa Johnson, Linda Whitmore, Valerie Jameson, Mia Carbajal, Jasmine Jones, Mapuana Bal, Valeska Castaneda, and Jose Arebalo. Further discussion ensued.
The council recommended staff to incorporate $1 million of ARPA funds to the Richmond Rapid Response Fund and housing
initiatives; and add funding for a consultant to come up with a Green and Blue New Deal. A motion was made by
Councilmember McLaughlin, seconded by Councilmember
Jimenez, to utilize $300,000 in ARPA funding for an
environmental planning consultant to come up with a one-year to 18-month planning process that included meetings and workshops with environmental justice organizations and stakeholders for the creation of a local Green and Blue New Deal. Further discussion ensued. The council recommended the following: Allocate $6,000 or more in ARPA funding directly to families; staff to consider improving street safety infrastructure and program in conjunction with YouthWORKS among other recommendations discussed in community meetings; and utilize ARPA funding to provide ongoing language translation services at City Council meetings.
The council requested information regarding the City of Richmond’s noise ordinance and the status of license plate readers.
A friendly amendment made by Councilmember Willis, to also include an ARPA funding allocation of $1million to housing initiatives and the Richmond Rapid Response Fund as indicated in the letter mentioned during the discussion, was accepted. (The counc
il agreed to vote on the friendly amendment as a separate motion). The motion made by Councilmember McLaughlin,
seconded by Councilmember Jimenez, to utilize $300,000 in ARPA funding for an environmental planning consultant to come up with a one-year to 18-month planning process that included meetings and workshops with environmental justice organizations and stakeholders for the creation of a local Green Blue New Deal passed by the following vote: Ayes: Councilmembers Jimenez, Martinez, McLaughlin, and Willis. Noes: Councilmember Bates
cc21Jun2021 - Special Meeting
sl/prc
and Mayor Butt. Abstained: None. Absent: Vice Mayor Johnson III. A motion was made by Councilmember McLaughlin, seconded by Councilmember Willis, to accept the staff
recommendation. Further discussion ensued. A substitute motion made by Councilmember Martinez, to only approve the $4 million to replace lost revenue, died for the lack of a second. A motion made by Councilmember McLaughlin, seconded by
Councilmember Willis, accepting the staff recommendation to approve $7.25 million in ARPA funds as part of the proposed FY 2021-22 Annual Budget to replace lost revenue in the amount of $4 million; upgrade heating, ventilation, and air conditioning systems in the amount of $2 million; invest in community beautification efforts in the amount of $1 million; and conduct a community needs assessment in the amount of $250,000 to help inform the City Council's future decision for the City of Richmond's remaining ARPA allocation passed by the following vote: Ayes: Councilmembers Jimenez, McLaughlin, Willis, and Vice Mayor Johnson III. Noes: Councilmembers Bates, Martinez, and Mayor Butt. Abstained: None. Absent: None. A motion made by Councilmember Willis, seconded by Councilmember Martinez, to allocate $1 million of ARPA funding with $600,000 going directly to families and $400,000 for the project design and development of a Universal Basic Income pilot program, that would go to the Richmond Rapid Response Fund (R3F) passed by the following vote: Ayes: Councilmembers Jimenez, Martinez, McLaughlin, Willis, and Vice Mayor Johnson III. Noes:
Councilmembers Bates and Mayor Butt. Abstained: None.
Absent: None. (Mayor Butt corrected the R3F amount from $100,000 to $400,000). A motion made by Mayor Butt, seconded by Councilmember Bates, to use $3 million to restore funding for seven sworn positions in the Police Department failed by the following vote: Ayes: Councilmember Bates and Mayor Butt.
Noes: None. Abstained: Councilmembers Jimenez, Martinez, McLaughlin, Willis, and Vice Mayor Johnson III. Absent: None.
(At approximately 8:01 p.m., the council recessed and
reconvened at 8:06 p.m. with all councilmembers present).
F-2. The matter to receive the five-year Capital
Improvement Plan (CIP) for Fiscal Years 2021-2022 through 2025-2026, and a budget appropriating $30,196,844 for projects in the Capital Improvement Plan Budget for the Fiscal Year (FY) 2021-2022, was introduced by City Manager Laura Snideman.
Accounting Manager Antonio Banuelos presented a Powerpoint that highlighted the CIP project funding, major revenue sources, and corresponding projects. Discussion ensued. The council requested or recommended the following: Staff to seek funding for upgrades to the Richmond Memorial Auditorium and other City of Richmond facilities; consideration of the importance of rebuilding the Martin Luther King Jr. (MLK) community center; percentage of staff time spent on projects for FY 2020-2021 and projected for FY 2021-2022; clarification for the $600,000 allocation for the Fire Station No. 6 gender-specific restroom; costs to repair the Booker T. Anderson community center, build a new MLK
community center, and upgrade the Richmond Memorial
Auditorium’s sound system; and staff to locate the previous design plans for the proposed new MLK community center. Mark
Wassberg gave comments via teleconference. Further discussion ensued. The council requested the following for the future: More flushed-out details of the CIP allocations; quarterly or mid-year reports for CIP project expenses; and community input. A motion was made by Councilmember Willis, seconded by Councilmember
cc21Jun2021 - Special Meeting
sl/prc
McLaughlin, to move the item as recommended by staff. Further discussion ensued. The council suggested staff prioritize soliciting council and community feedback regarding capital improvements.
Further discussion ensued. On motion of Councilmember Willis, seconded by Councilmember McLaughlin, received the five-year CIP for FY 2021-2022 through FY 2025-2026, and budget appropriation of $30,196,844 for projects in the CIP budget for the FY 2021-2022 by the following vote: Ayes: Councilmembers Jimenez, Martinez, McLaughlin, Willis, Vice Mayor Johnson III, and Mayor Butt. Noes:
Councilmember Bates. Abstained: None. Absent: None.
ADJOURNMENT
There being no further business, the meeting adjourned at 8:48 p.m., to meet again on Tuesday, June 22, 2021, at 6:30 p.m.
Clerk of the City of Richmond
(SEAL)
Approved:
Mayor
From: Katrinka Ruk
To: City Clerk Dept User
Subject: Public Comment: 06/21/21 Council Item #F-1 $7.25 million in American Rescue Plan Act Funds Date: Monday, June 21, 2021 12:43:34 PM
Attachments: 06.21.21 Item F-1 ARPA.docx
COUNCIL OF INDUSTRIES
P.O. BOX 70088, PT. RICHMOND, CA 94807
(510)215-9325
501(C)(6) FED ID# 94-0672760
June 21, 2021
/email/
To: City Clerk
To: Mayor, Vice Mayor, City Council, City Manager
Re: 06/21/21 City Council; Item F-1 $7.25 million in American Rescue Plan Act Funds
as part of proposed FY2021-22
On behalf of the Council of Business and Industries (COI) the following comments are being submitted for your review.
Last night three individuals were killed and eight wounded, and just a month ago on Memorial weekend an individual was shot and killed. Last year, our city lost 21 sworn police officer positions – never to be filled. Now you – city council – in opposition to the stated needs of the Richmond community – decided NOT TO FILL 12 additional sworn officer positions. That is a total of 33 sworn officer positions in 2 years.
Our deep concern still remains that your decision to not fill these positions will continue to be an open door for criminals to commit more crime on our residents, community, businesses and homeless.
An appropriate use of American Rescue Plan Act (ARPA) funding is to fully staff police to pre-pandemic levels.
We are therefore requesting that $2.3 million in ARPA funds be added back to the FY2021-22 police department budget to fill the twelve open positions. This is in addition to the $7.25 million in ARPA funds staff is recommending for $4 million in lost revenues replacement, $2 million for HVAC upgrades for the community centers, $1 million for city beautification efforts and $250,000 for a community needs assessment.
The Interim Final Rule provides that:
“State, local, and Tribal governments continue to see pandemic impacts in overall staffing levels: State, local, and Tribal government employment remains more than 1 million jobs lower in April 2021 than prior to the pandemic.[88] Employment losses decrease a state or local government's ability to effectively administer services. Thus, the interim final rule includes as an eligible use payroll, covered benefits, and other costs associated with rehiring public sector staff, up to the pre-pandemic staffing level of the government.” We have seen an increase in crime in our business community– robberies, break-ins, vandalism. Limiting the police staffing and budget led to increases in public safety risks in other bay area cities. If that happens in Richmond, our businesses will suffer through loss of customers; leading to lower revenue, lower business taxes to the city, increased businesses moving to a "safer" city, loss of local jobs, less opportunity to support YouthWorks programs…all adding to the same systemic root causes the task force is hoping to address with its recommendations.
With a $2.3 million reduction in the police budget, focus will be directed to emergency and violent situations. We have yet to hear how the Reimagining Public Safety Task Force and the Implementation Team will address the following public safety issues:
<!--[if !supportLists]--> · <!--[endif]--> Our patrol staffing will be impacted – Current staffing does not allow for coverage seven days /week, as a result, overtime is required to cover additional hours. The reduction in staffing has impacted their ability to respond to crime trends and district/beat/neighborhood needs. Patrols in our business community help defray criminal activity and without this we foresee an uptick in vandalism and customers visiting stores in other cities.
<!--[if !supportLists]--> · <!--[endif]--> Police response to the following will be limited or eliminated due to lack of staffing:
<!--[if !supportLists]--> ü <!--[endif]--> Response to older/cold-cases:
This is a service the RPD is unable to provide with its current resources.
<!--[if !supportLists]--> ü <!--[endif]--> Response to domestic violence and sexual assault cases: has not diminished but the number of detectives assigned to those cases has resulted in cases not getting the attention they are due for a rapid response.
<!--[if !supportLists]--> ü <!--[endif]--> Response to robbery cases:
There are not enough detectives to handle in-custody robbery cases, leaving little time to investigate cases with existing leads. Robberies at businesses will increase and could determine if a business remains in Richmond. This will also impact and increase insurance coverage with many small businesses may not be able to financially support. <!--[if !supportLists]--> ü <!--[endif]--> Intelligence gathering to thwart crimes (fireworks, side-show activity, etc.): Due to reduced staffing they cannot focus on gathering intelligence as they are focused on combatting retaliatory shootings, or repetitive vandalism of business entities.
<!--[if !supportLists]--> ü <!--[endif]--> Response to human trafficking operations: Current staffing provides for only ONE DETECTIVE focused on this who is also pulled to assist other teams with their case load. <!--[if !supportLists]--> ü <!--[endif]--> Response to quality-of-life issues (prostitution, drug house abatement, open air narcotic sales, homelessness issues, citizen/business complaints, etc.): Previous teams addressing these issues – BRAVO and Street Teams – had to be eliminated when staffing was reduced. Beat Patrol has the responsibility and in the past required overtime to address issues due to lack of proper staffing. These issues impact how safe individuals feel in approaching local businesses.
<!--[if !supportLists]--> ü <!--[endif]--> Response to evacuations: RPD is responsible for coordinating emergency evacuation and for enforcing laws against illegal fireworks. In the case of needing to coordinate a widespread evacuation due to a wildfire, the Police Department’s current staffing will likely require requesting assistance from neighboring cities- depending upon their availability.
The reduction in the police department budget will impact public safety, however, the Task Force has not addressed how funding of other programs will address these gaps in public safety. The city has a fiscal responsibility to ensue that funding is adequate to support the need of the community, residents and businesses in regards to public safety. Not filling the vacancies and elimination of these key programs will add to the deterioration of our blue-ribbon community-based nationally recognized
public safety program. It also impacts recruitment and growth of economic development. Therefore, redirecting the $2.3 million to the police department budget will ease this gap.
Katrinka Ruk, Executive Director
Katrinka Ruk
Executive Director
Council of Business & Industries
510)260-4820 cell
http://www.councilofindustries.com
This transmission may contain information that is privileged, confidential, proprietary, and exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. If you received this transmission in error, please contact the sender and delete the material from any computer immediately. Thank you.
From: Cordell Hindler
To: City Clerk Dept User
Subject: Public Comments F-2 Budget Session
Date: Thursday, June 17, 2021 2:12:12 PM
good Evening Mayor Butt, Council Members and City Staff, Let me reiterate the comments from Last Tuesday
I have looked at the Power Point Presentation and I was very Impressed that the Finance Department with the assistance of the city manager's office,
I am asking that the council to Adopt the resolution as presented Sincerely
Cordell
For B. Brown
1 20 2022
February 15, 2022
Economic Development
DATE: February 15, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Shasa Curl, Interim City Manager
Craig K. Murray, Development Project Manager II
Gabino Arredondo, Project Manager
Subject:
Lease Agreement - Richmond Police Activities League
FINANCIAL IMPACT: There is no financial impact. The expected lease revenue is negligible, and although it is not anticipated to cover the cost of administering the lease, that cost is also
anticipated to be negligible.
PREVIOUS COUNCIL
ACTION:
October 5, 2010
STATEMENT OF THE
ISSUE:
In 1997, the City of Richmond provided redevelopment
funds to the Richmond Police Activities League (“RPAL”) for the purpose of purchasing property and constructing a gymnasium for RPAL. At the time, the project was
approved with a condition of approval requiring RPAL to construct and maintain appurtenant parking facilities. The parties contemplated that RPAL would use this site,
located at 175 23rd Street, to construct and maintain the required parking facilities. Approval of the lease
agreement would facilitate successful completion of this project.
AGENDA
REPORT
February 15, 2022
RECOMMENDED ACTION:
ADOPT a resolution approving the lease agreement
between the City of Richmond and the Richmond Police
Activities League (“RPAL”) (as lessee), for the
construction and maintenance of a parking lot and an
option for a community garden and supportive programs
at 175 23rd Street, for a ten (10) year term with two (2) successive five (5) year option periods, at an annual rate of $1.00 per year – City Manager’s Office (Craig Murray 510-307-8188).
DISCUSSION:
In 1997, the City of Richmond provided redevelopment funds to RPAL for the purchase and construction of a new gymnasium. As a condition of approval of the plans for the gymnasium, RPAL was required to provide appurtenant parking facilities to accommodate the visitors to the gymnasium. At that time, RPAL and City staff anticipated that the site at 175 23rd Street would be used as the location of the parking lot. However, the parties did not enter into a transaction to provide RPAL with legal title to use the property until 2010. RPAL has operated an unimproved Parking Lot at this location since City Council approved a first lease on October 5, 2010. The RPAL agreement expired this year, and they are interested in completing the parking lot improvements as well as potentially operating a community garden and culinary programs.
To complete the project and comply with the terms of its design approval, RPAL seeks to enter into a lease for the use of 175 23rd Street for the construction and maintenance of a parking lot, and option for a community garden and supportive programs. The approval of a lease is the first step in the process of constructing the parking lot. When moving forward on the garden project, RPAL will thereafter need to submit the appropriate plans to the Community Development Department and seek the appropriate approvals and necessary permits before commencing construction.
RPAL has met with City Manager’s Office staff to discuss improvement plans and to enter a lease for the proposed site improvements. City staff has also recommended, and RPAL has accepted , to extend the boundaries of the lot and garden area to include the downslope areas on 22nd and 23rd Streets as well as the tip of the property as it extends to the underpass. RPAL would be responsible for the irrigation as well as electric utility services and site security. Additionally, RPAL has met with many neighboring community organizations such as Neighborhood Councils and the Family Justice Center to coordinate support for the proposed programs at the location.
Since the proposed lease does not contemplate improvement demolition or development, it would not trigger disposition provisions of the new State of California Surplus Property Law AB 1486.
February 15, 2022
As a non -profit social service organization, with a 35 -year history of service providing significant public benefits to the Richmond community, City staff recommends the City enter into the lease for a ten (10) year term with two (2) successive five (5) year option periods at a rate of $1.00 per year.
DOCUMENTS ATTACHED:
Attachment 1 - Lease
Attachment 2 - Resolution
RPAL PARKING LOT LEASE Page 1 of 24
AGREEMENT TO LEASE
THIS AGREEMENT TO LEASE (herein after referred to as the "Agreement") is made and entered into as of this ___day of February 2022 to be effective as herein below set forth, by and between the CITY OF RICHMOND, a municipal corporation and charter city (hereinafter called "Landlord”) and Richmond Police Activities League, Inc., a California nonprofit corporation (hereinafter called "Tenant").
WITNESSETH:
WHEREAS, LANDLORD is the owner of certain real property in the City of Richmond, County of Contra Costa, State of California, located on the south side of Bissell Avenue between 22nd and 23rd Streets, (a triangular remainder of APNs 514-020-001 through 514-020- 015), and that is described more particularly in Exhibit "A" (the "Property"); and WHEREAS, Tenant seeks to construct and maintain a parking lot on the Property as an appurtenance for the Richmond Police Activities League Gymnasium located at 2200 Macdonald Avenue for the purposes permitted in Section 9 of this Agreement; and WHEREAS, Tenant seeks to create a community garden and conduct supportive programs; and
WHEREAS, Landlord desires to lease to Tenant, and Tenant desires to lease from Landlord, the Property.
NOW, THEREFORE in consideration of the mutual covenants and agreements set forth herein, the parties hereto agree as follows:
Section 1. Property.
1.1 Landlord is the owner of the Property.
1.2 Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Property for the purposes permitted in Section 9 of this Agreement.
Section 2. Term of Agreement.
2.1 Initial Term.
The effective date of this Agreement shall be February ____, 202 2 (hereinafter called "Effective Date"). The Term of this Agreement shall be for ten (10) years commencing upon the Effective Date and continuing through February ____, 2031 (hereinafter called the "Term") at which time this Agreement shall automatically terminate unless Tenant exercises its two (2) successive five (5) year option periods as provided for in Section 2.2 of this Agreement.
2.2 Option Term.
RPAL PARKING LOT LEASE Page 2 of 24
Landlord hereby grants to Tenant the option to extend the term of this Agreement for two (2) additional five (5) year periods commencing when the prior term expires upon each and all of the following terms and conditions (such periods are referred to herein as the “Extended Term”):
2.2.1 In order to exercise a n option to extend, Tenant must give written notice of such election to Landlord and Landlord must receive the same at least thirty (30) days but not more than ninety (90) days prior to the date that the option period would commence, time being of the essence. If proper notification of the exercise of an option is not given and/or received, such option shall automatically expire. Options may only be exercised consecutively.
2.2.2 Base. Rent for any Extended Term shall be subject to an annual adjustment as provided in Section 3.2 of this Agreement and shall continue at rate existing at end of initial lease period.
2.2.3 Except for the provisions of this Agreement granting options to extend the Te rm; all of the terms and conditions of this Agreement, except wh ere specifically modified by this Section 2.2 shall apply.
2.2.4 All renewal options granted pursuant to this Section 2.2 shall be personal to Tenant. The exercise of this option term is subject to the condition that Tenant is not in default under the terms of this Agreement . Notwithstanding the provisions of this Section 2.2 otherwise, Landlord shall have the right to terminate Tenant’s leasing of the Property (or any portion thereof) during any Extended Term upon ninety (90) days written notice to Tenant, without cause, for any reason.
2.3 Reserved Easements.
Landlord reserves to itself and the right to grant to others in the future nonexclusive utility easements (including easements for construction, maintenance, repair, replacement and reconstruction of such utility easements) over, under, though, across or on the Property, provided Landlord shall use reasonable efforts to provide that such work occurring and any easement is located such that it will not unreasonably interfere with Tenant's use and enjoyment of the Property. Tenant shall not be obligated to maintain or repair easement facilities unless the need for repair is caused by Tenant's negligence or other wrongful conduct. Tenant shall be given reasonable notice before commencement of any work on the Property. Work occurring, shall, to the extent reasonably practicable, not prevent Tenant's use of the Property for the purposes specified in Section 9. In the event the installation or maintenance of such future utility lines in such easements causes any damage to the Property, or any portion thereof, including but not limited to pavement, curbs and sidewalks, the same shall be repaired by Landlord to at least the condition in existence prior to the work referred to in this Section, at its expense, if not so repaired by the party installing and maintaining the utility lines.
RPAL PARKING LOT LEASE Page 3 of 24
Section 3. Rental Payments.
3.1 Base Rent.
During the Term Tenant shall pay to Landlord as annual rental, without deduction, setoff, prior notice or demand, the sum of $1.00 Dollar ($1.00) commencing on the Effective Date and continuing annually during the Term or any Extended Term.
3.2 Extended Term Rent.
Commencing with the first day of the Extended Term, Tenant agrees to pay to Landlord the annual rent which was payable by Tenant for the last month of the immediately preceding year.
Section 4. General Covenants.
Tenant shall commence paying rent upon the effective date of this Agreement.
Upon Tenant paying the Rent for the Property as he rein provided, and observing and perfo rming all of the covenants, conditions and provisions on Tenant's part to be observed and performed hereunder, Tenant shall have quiet possession of the Property for the entire Term and any Extended Term hereof subject to the provisions of this Agreement.
Section 5. Acceptance of Property.
Tenant's taking possession of the Property on the Effective Date shall constitute Tenant's acknowledgment that the Property are in good condition and that Tenant accepts the Property "AS IS" . Tenant shall be responsible for installi ng and maintaining all improvements required to use the property for the purposes set forth in Section 9.
Section 6. Taxes.
Tenant shall pay all taxes which may be levied, imposed, or assessed upon or against the Property, or any possessory interest right which Tenant may have in or to the Property by reason of its use or occupancy thereof, and upon or against the structures, personal property and improvements located thereon. Tenant recognizes and understands that this Agreement may create a possessory interest subject to property taxation and that Tenant may be subject to the payment of property taxes levied on such interest. Tenant agrees to pay all taxes, assessments, and charges on goods, merchandise, appliances, equipment, and property owned by it in or about said Property.
Section 7. Safety Precautions.
Tenant agrees not to (a) employ or use ways or means, which are, dangerous on account of fire, explosions, or other hazardous risks over and above those normally associated with the type of business permitted in Section 9 of this Agreement, or (b) load or unload, handle or store in, on or around the Property any material or substance which would be dangerous because of the
RPAL PARKING LOT LEASE Page 4 of 24
reasons set forth in (a) above, or would cause a cancellation of, or an increase in premiums payable under any policy of insurance maintained by Landlord in connection with the Property, if any.
Section 8. Compliance with Laws.
8.1 Compliance Generally. Tenant shall comply with all applicable federal, state and local laws, statutes, ordinances, rules, regulations, and the orders and decrees of any courts or administrative bodies or tribunals including municipal authorities, with respect to this Agreement, including without limitation environmental laws, employment discrimination laws, and prevailing wage laws for work that is not performed by "volunteers" as defined in California Labor Code Section 1720.4. Compliance under this provision includes compliance with all provision_ of the Municipal Code of the City of Richmond (“Municipal Code”) including Chapter 2.28 and Chapters
2.50, 2.52, 2.56, and 2.60, if applicable, which are herein incorporated by reference. Tenant shall be responsible for paying any fines or charges which may be levied by said agencies, departments, authorities, tribunals, administrative bodies or courts for violations of said laws, orders, decrees, rules, regulations, ordinances and requirements arising out of Tenant's use and occupancy of the Property.
8.2 Compliance with Municipal Code Chapter 2.28.030.
Tenant agrees to observe the provisions of Section 2.28.030 of the Municipal Code obligating every contractor or subcontractor under a contract or subcontract with the City 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. Said Section 2.28.030, if applicable, is, by this reference, made a part of this Agreement.
8.3 Compliance with Municipal Code Chapter 2.60.
Tenant agrees to comply with all applicable requirements of the Chapter 2.60 of the Municipal Code ("Living Wage Ordinance") which is incorporated into this Agreement by this reference. As required under Section 2.60.070, Tenant shall, upon request, promptly provide to Landlord documents and information verifying its compliance with the Living Wage Ordinance for all work performed by persons other than "volunteers" as defined in California Labor Code Section 1720.4.. Also as required by Section 2.60.070, Tenant shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Section 9. Use of the Property.
9.1 The Tenant shall install and maintain the surface parking facilities and any improvements related to the community garden and its related programs (including all required fencing, landscaping, irrigation, lighting, and security features) on the property and shall not erect
RPAL PARKING LOT LEASE Page 5 of 24
any permanent structures on the property without the approval of the Landlord and following completion of the appropriate plans submitted to the Community Development Department and receipt of the necessary permits and financing. Tenant shall use the Property for surface parking and for such other uses as may be consistent with surface parking, such as temporary storage of building materials, for the Richmond Police Activities League only and for no other purpose, in all cases, subject to the terms of this Agreement. All other uses shall require the prior written approval of Landlord and shall be conducted consistent with the provisions of the Agreement.
9.2 Tenant agrees it will use due diligence to require all persons entering upon the Property not to use the Property in whole or in part during the Term or any Extended Term of this Agreement for any purpose other than as hereinabove set forth, except with the prior written consent of Landlord, at its sole discretion. Tenant shall · bring, at its own cost and expense, its own machinery, equipment, fixtures, and other personal property necessary or convenient to its construction and operation of the Property.
9.3 Tenant shall not perform or permit repair work to any vehicle parked at the Property.
9.4 Tenant shall not permit any vehicles that are not registered to the Tenant to park overnight on the Property, except by the express written consent of the Landlord.
Section 10. Maintenance. Alterations and Surrender of Property.
10.1 Tenant shall, throughout the Term or any Extended Term of this Agreement and so long as it remains in the possession of the Property, maintain the Property in good, safe and sanitary condition and keep the Property in good repair, except as provided in Sec tion 15 of this Agreement. Landlord shall not have any responsibility to maintain the Property or to make repairs.
No hazardous materials are allowed to be used or stored at the Property at any time.
10.2 Tenant shall not commit, suffer or permit any nuis ance in or about the Property.
10.3 Tenant shall not make any alterations and/or improvements to the Property without the prior written consent of Landlord, which shall not be unreasonably withheld provided that Tenant has received all required discretionary land use approvals. Tenant shall apply for and exercise diligent good faith efforts to obtain all necessary land use approvals (the "Land Use Approvals"), including but not limited to City of Richmond design review approval, as necessary for any alterations and/or improvements . Landlord's consent to alterations and/or improvements shall not substitute for or guarantee grant of Land Use Approvals.
10.4 Landlord’s consent to Tenant’s application for alterations and/or improvements does not obligate any City of Richmond official, department, board, commission, employee or the City Council to approve such alterations and/or improvements. The City retains
RPAL PARKING LOT LEASE Page 6 of 24
its discretion to approve or disapprove any alterations and/or improvements. Any alterations and/or improvements made shall remain on and be surrendered with the Property on expiratio n or termination of the Term or any Extended Term, except that Landlord may elect within thirty (30) days before expiration of the Term or any Extended Term, or within thirty (30) days after termination of the Term or any Extended Term, to require Tenant to remove any alterations and/or improvements which Tenant has made to the Property. If Landlord so elects, Tenant at its sole cost and expense shall restore the Property to the condition designated by Landlord in its election, before the last day of the Term or any Extended Term, or within sixty (60) days after notice of election is given, whichever is later.
10.5 Where Landlord consents to Tenant's alterations and/or improvements to the Property as provided in this Section, such alterations and/or improvements shall not be commenced until ten (10) days after Landlord has received notice from Tenant stating the date the installation of the alterations and/or improvements is to commence so that Landlord can post and record an appropriate notice of non-responsibility.
10.6 The costs of maintenance and repair of any Tenant alterations and/or improvements and the costs of ordinary maintenance and repair of the Property shall be paid by the Tenant. Tenant shall return the Property to Landlord in as good condition as when delivered, less ordinary wear and tear.
Section 11. Duty to Guard Goods, Fire Equipment.
11.1 Except to the extent caused by Landlord's sole active negligence or willful misconduct, Landlord shall have no liability for any loss or damage to the goods, material, property and equipment of Tenant or third persons, upon or used in connection with the Property irrespective of the source of such loss or damage. Tenant shall provide at its own expense such security guards or alarm system as it may deem necessary for the security and protection of goods, material, property and equipment and Tenant's operations.
11.2 Tenant further agrees, at its own cost and expense, to maintain upon the Property at all times such fire equipment as may be prescribed from time to time, including any periodic inspection and certification as may be required by the Fire Marshal of the City of Richmond, or other competent authority. Tenant shall cause all goods, materials, property and equipment to be stored in such a manner that any fire equipment and controls on the Property are readily accessible at all times. In the event of any danger or damage to Landlord's property caused by fire, earthquake, or like hazard, Landlord shall be immediately notified by Tenant of such danger or damage.
Section 12. Utilities.
Tenant hereby covenants and agrees to pay for all water, sewer, heat, gas, trash collection, electricity, telephone service and any other utilities which may be furnished to or used
RPAL PARKING LOT LEASE Page 7 of 24
in or upon the Property by Tenant during the Term of this Agreement.
Section 13. Indemnification.
13.1 To the fullest extent allowed by law, Tenant shall defend, indemnify and hold harmless the City of Richmond, and its elected and appointed officials, officers, employees, volunteers and agents (the "Indemnified Parties"), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees, expert witness fees and other defense costs, resulting from injury to or death sustained by any person (including Tenant's officers, employees, volunteers, agents and clients), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with this Agreement, except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole or active negligence or willful misconduct of the City of Richmond, or its elected or appointed officials, officers, agents, or employees. This indemnification provision shall survive the termination of this Agreement, including any Extended Term.
13.2 In claims against any person or entity indemnified under Section 13.1 above by an employee of Tenant, anyone directly or indirectly employed by Tenant or anyone for whose acts Tenant may be liable, the indemnification obligation under Section 13.1 above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under workers' compensation acts, disability benefit acts or other employee benefit acts.
13.3 Submission of insurance certificates, endorsements, or other proof of compliance with the insurance requirements in Section 14 below does not relieve Tenant from liability under this Section. This indemnification, hold harmless and defense obligations shall apply whether or not such insurance policies are applicable to any such damages or claims for damages.
Section 14. Insurance.
Tenant, at its own cost and expense, shall carry and maintain the insurance coverage set forth in Exhibit “B” attached hereto and incorporated herein by reference throughout the Term or any Extended Term of this Agreement.
Section 15. Destruction of Property.
15.1 Due to Risk Covered by Insurance. Any loss, damage to or destruction of the Property covered by the insurance provided for in this Agreement, during the Term or any Extended Term of the Agreement shall have no effect upon the Term or any Extended Term, the Rent payable hereunder or any of Tenant's obligations hereunder.
15.2 Due To Risk Not Covered by Insurance. If the Property shall, during the Term or any Extended Term of this Agreement, be damaged in whole or in part by any cause of whatsoever nature arising from activities of Tenant within the Property from a risk not covered by
RPAL PARKING LOT LEASE Page 8 of 24
the insurance provided for in this Agreement whether or not caused by the default or neglect of Tenant, its officers, employees, volunteers, agents, or clients, the same shall be promptly repaired, rebuilt or replaced by Tenant at its sole cost and expense. If the existing laws do not permit the restoration, either party can terminate this Agreement immediately by giving notice the other party absent any notice period prescribed otherwise in this Agreement.
15.3 New Lease Area and Relocation Benefits. If this Agreement is terminated for any reason, Landlord shall have no obligation to provide Tenant a new lease area or relocation benefits.
Section 16. Relocation Benefits.
As further and additional consideration for leasing the Property, Tenant does hereby voluntarily and knowingly release and forever discharge Landlord, and its successors and assigns, from any and all claims or demands for relocation assistance benefits which may arise by reason of Article 9 of Chapter 4 of Division 24 of the Health and Safety Code of the State of California, or by reason of Chapter 16 of Division 7 of Title I of the Government Code of the State of California, or by reason of the federal act entitled "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970" (Public Law 91-646), as amended, or by reason of any law or regulation of the United States of America, the State of California, or the City of Richmond.
Section 17. Waiver of Claims.
Tenant hereby waives any claims against the Landlord, its officers, agents and employees, for damage or loss caused by any suit or proceedings directly or indirectly attacking the validity of this Agreement, or any part thereof, or by any judgment or award in any suit or proceeding declaring this Agreement null, void or voidable, or delaying the same, or any part thereof, from being carried out.
Section 18. Sublease and Assignment.
18.1 Prohibition Against Voluntary Assignment, Subletting and Encumbering .
Tenant shall not voluntarily assign or encumber its interest in this Agreement or in the Property, or sublease all or any part of the Property, or allow any other person or entity (except Tenant's authorized representatives) to occupy or use all or any part of the Property, without first obtaining Landlord's written consent of such assignment, encumbrance, sublease, occupancy, or use, at Landlord’s sole discretion. Landlord’s consent to assignment, encumbrance, sublease, occupancy, or use shall not be unreasonably withheld. Any assignment, encumbrance or sublease without Landlord’s consent shall be voidable and, at Landlord’s election, shall constitute a default. No consent to any assignment, encumbrance or sublease shall constitute a further waiver of the provisions of this paragraph.
Any dissolution, merger, consolidation, or other reorganization of Tenant shall be
RPAL PARKING LOT LEASE Page 9 of 24
deemed a voluntary assignment.
Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Agreement, all rent from any subletting of all or a part of the Property as permitted by this Agreement, and Landlord, as assignee and as attorney-in-fact for Tenant, or a receiver for Tenant appointed on Landlord’s application, may collect such rent, and apply it toward Tenant's obligations under this Agreement; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent.
18.2 Involuntary Assignment. No interest of Tenant in this Agreement shall be assignable by operation of law. Each of the following acts shall be considered an involuntary assignment:
18.2.1 If Tenant is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a bankruptcy proceeding in which Tenant is the bankrupt party; or, if Tenant is a partnership or consists of more than one person or entity, if another partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors.
18.2.2 If a writ of attachment or execution is levied on this Agreement.
18.2.3 If, in any proceeding or action to which Tenant is a party, a receiver is appointed with authority to take possession of the Property.
An involuntary assignment shall constitute a default by Tenant and Landlord shall have the right to elect to terminate this Agreement, in which case this Agreement shall not be treated as an asset of Tenant.
If a writ of attachment or execution is levied on this Agreement, Tenant shall have ten (10) days in which to cause the attachment or execution to be removed. If any involuntary proceeding in bankruptcy is brought against Tenant, or if a receiver is appointed, Tenant shall have sixty (60) days in which to have the involuntary proceeding dismissed or the receiver removed.
Section 19. No Liens or Encumbrances.
Tenant shall keep the Property and Tenant's possessory interest therein free and clear of any lien or encumbrance of any kind whatsoever created by Tenant's acts or omissions.
Tenant shall have the right to contest any lien in good faith provided Tenant shall pay any judgment rendered prior to execution thereon.
Section 20. Events of Default.
If Tenant defaults in the performance of any of the covenants, conditions or agreements contained in this Agreement, then Tenant shall be deemed to have breached the Agreement and Landlord may re-enter and regain possession of the Property in the manner
RPAL PARKING LOT LEASE Page 10 of 24
prescribed by California law.
Section 21. Right of Entry As Agent.
In any case in which provision is made herein for the termination of this Agreement by the Landlord or in the case of abandonment or vacation of the Property by Tenant, Landlord in lieu of declaring a forfeiture, may enter upon the Property. To such end, Tenant hereby irrevocably appoints Landlord its agent to remove any and all persons or property on said Property and place any such property in storage for the account of and at expense of Tenant. Tenant further agrees to hold Landlord harmless from any loss or damage or claim arising out of the action of the Landlord pursuant to this Section.
Section 22. Interest on Past Due Invoices.
Sums required to be paid to Landlord hereunder not paid within fifteen (15) days after invoice is sent by Landlord to Tenant shall bear interest at the rate of ten (10) percent per annum from the date due until paid.
Section 23. Signs.
No signs or placards of an advertising or promotional nature shall be painted, inscribed or placed in or on the Property. Tenant agrees to obtain all required City permits before placing any signs on the property and to remove promptly and to the satisfaction of Landlord, at the cost and expense of Tenant, upon the expiration of the Term or any Extended Term or the earlier termination of this Agreement, any and all signs and placards placed by it upon the Property.
Section 24. Inspection of Property.
Landlord or its duly authorized representative, or agents or other persons for it, may enter upon the Property at any and all reasonable times during the Term or any Extended Term of this Agreement for the purpose of determining whether or not Tenant is complying with the terms and conditions hereof or for any other purpose incidental to rights of Landlord.
Section 25. Holding Over.
If Tenant holds over after expiration or termination of this Agreement without the written consent of Landlord, Tenant shall pay for each month of hold-over tenancy rent equal to one twelfth (1/12) annual fair market rental value of the Property as determined by the Landlord in its sole discretion, together with such other amounts as may become due hereunder. No holding over by Tenant after the Term or any Extended Term shall operate to extend the Term or any Extended Term. Any holding over with the consent of Landlord in writing shall thereafter constitute a month-to-month lease, terminable upon thirty (30) days written notice from either party, at a monthly rental rate equal to that which Tenant was obligated to pay for the month
RPAL PARKING LOT LEASE Page 11 of 24
immediately preceding the end of the Term or any Extended Term, together with such other amounts as may become due hereunder.
Section 26. Waiver.
No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such a right or remedy or be construed as a waiver. The receipt and acceptance by Landlord of delinquent Rent shall not constitute a waiver of any other default, right or remedy provided Landlord in this Agreement. Landlord's consent to or approval of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent act by Tenant.
Section 27. Attorneys' Fees.
If either party commences a lawsuit against the other to enforce any provision of this Agreement, the prevailing party shall be entitled to such attorney's fees and costs including expert witness fees and costs, of suit as the court may deem reasonable.
Section 28. Nondiscrimination.
Tenant herein covenants by and for itself, its agents, employees and officers and all persons claiming under or through it that this Agreement is made and accepted upon and subject to the following conditions: that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, sex, sexual orientation, creed, national origin, or ancestry, in the leasing, subleasing, contracting, subcontracting, transferring, use, occupancy, tenure, or enjoyment of the Property herein leased and assigned; nor shall Tenant itself, nor any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of Tenants, lessees, sublessees, subtenants, users or vendors in the Property herein leased and assigned.
Section 29. Disclosure.
Tenant understands and agrees that the California Public Records Act (Government Code Section 6250 et seq.) applies to this Agreement and any and all records, information, and materials submitted to the City of Richmond in connection with this Agreement. Accordingly, any and all such records, information and materials may be subject to public disclosure in accordance with the California Public Records Act. Tenant hereby authorizes the City of Richmond to disclose any records, information and materials submitted to the City of Richmond in connection with this Agreement.
Section 30. Terms Binding on Successors.
All the terms, covenants and conditions of this Agreement shall inure to the benefit
RPAL PARKING LOT LEASE Page 12 of 24
of and be binding upon the successors and assigns of the parties hereto. The provisions of this Section shall not be deemed as a waiver of any of the conditions against assignment or subletting hereinabove set forth.
Section 31. Time of Essence.
Time is expressly declared to be of the essence of this Agreement.
Section 32. Termination of Prior Lease.
In the event there is any prior existing lease or rental agreement between the Tenant and Landlord covering the Property, it is agreed and understood that this Agreement shall terminate and expire any such existing lease or rental agreement as of the Effective Date of this Agreement.
Section 33. Notices.
Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party shall be addressed as follows:
Landlord: City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attn: City Manager
Attn: City Attorney’s Office
To Tenant: Richmond Police Activities League
2200 Macdonald Avenue
Richmond, CA 94801
Attn: Executive Director
Either party may change its address by notifying the other party in writing of the change of address. Notice shall be deemed communicated within three (3) days from the time of mailing if mailed as provided in this paragraph.
REST OF THE PAGE INTENTIONALLY LEFT BLANK
RPAL PARKING LOT LEASE Page 13 of 24
Section 34. Entire Agreement.
It is understood and acknowledged that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, brochures, agreements and understandings, if any, between the parties hereto or displayed by Landlord to Tenant with respect to the subject matter thereof, and none thereof shall be used to interpret or construe this Agreement. This Agreement contains all of the terms, covenants, conditions, warranties and agreements of the parties relating in any manner to the rental, use and occupancy of the Property, shall be considered to be the only agreement between the parties hereto and their representatives and agents, and none of the terms, covenants, conditions or provisions of this Agreement can be modified, deleted or added to except in writing signed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
ATTEST:
______________________
City Clerk
Approved as to Form
_______________________
City Attorney
THE CITY OF RICHMOND, a municipal corporation and charter city
BY: _______________________________
City Manager
RICHMOND POLICE ACTIVITIES LEAGUE, a California
corporation
BY: ________________________________
TITLE: ________________________________
BY: ________________________________
TITLE:_________________________________
(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.)
RPAL PARKING LOT LEASE Page 14 of 24
EXHIBIT A
Description and Map of the Property
The property to be leased pursuant to this Agreement consists of the portions of the adjacent lots, Contra Costa County Assessor Parcel Numbers ("APN") 514-020-001 through 514-020-014, that are bounded by 23rd Street to the east and west and Bissell Avenue to the north, in a triangular manner. The area has been assigned the following addresses by the Contra Costa County Assessor’s Office:
175 23rd Street (514-020-001), 153 23rd Street, (514-020-002), 145 23rd Street (514-020-003),141 23rd Street (514-020-004), 100 23rd Street (514-020-005), 121 23rd Street (514-020-006), and includes any such portions of lots 514-020-007 through 514-020-015 that may be contiguous to the land described above. The map, below, indicates by shading, the area to be leased.
RPAL PARKING LOT LEASE Page 15 of 24
RPAL PARKING LOT LEASE Page 16 of 24
EXHIBIT B
Insurance Requirements
General Liability
(primary and excess limits combined)
$2,000,000 per occurrence for bodily injury, personal
injury, and property damage. If the policy includes a
general aggregate, either the general aggregate shall apply separately to this project, service or location or the
minimum required aggreg ate limit shall be twice the per occurrence limit.
Policy shall also include coverage for liability arising out of the use - and operation of any City -owned or City - furnished equipment used or operated by the NON -
PROFIT, its personnel, agents, or subcontractors.
Policy shall be endorsed to name the City of Richmond
as an additional insured per the conditions detailed
below
Required Policy Conditions
Additional Insured
Endorsement
The City of Richmond, its officers, officials, employees, agents, and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly from Tenant’s use of the Property.
ISO form CG 1020 (11/85) or its equivalent is required. The endorsement much not exclude products and completed operations coverage. If it does then CG 20 37 (10/01) is also required. SAMPLE Endorsements Attached.
Primary and
Noncontributory
Endorsement
The NON-PROFIT’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City is wholly separate from the insurance of the NON-PROFIT and in no way relieves the NON-PROFIT from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement
NON-PROFIT's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this Agreement.
RPAL PARKING LOT LEASE Page 17 of 24
EXHIBIT C
Farm and Garden Description:
The Culinary Club includes a Farm and Garden, located near The Kitchen and Classroom.
Designed with raised planter boxes for an enormous variety of organic plants and edibles, a greenhouse and potting shed. Students can have their lessons in the garden at the outdoor classroom tables, WIFI enabled, guests ranging from USDA plant biologist to cookbook authors and master gardens, participate with kids and their garden and farm learning of soil, seeds, plants.
The Program anticipates a collaboration with local farmers and gardeners, teaching s tudents gardening, farming and soil. Opportunities of a Farmers Market, harvested from the Garden, along community offerings for use of the harvests. Potential for product and food development, from the Garden to the Kitchen, with expertise from profession al chefs; enabling the kids to create finished ready to eat products as their education and culinary skills grow.
Youth will gain hands-on experiences have discussions with plant biologists, farmers, learn about sustainable agricultural, visit local food markets, and how local food growing, sourcing, can work together towards the sustainability of agricultural systems, ecology, and economics.
Community events in the garden may include music from RPAL Band, art installations, food programs and other engaging community activities for Families, Seniors and Youth.
Creating Environments of High Quality, Valuable, Educational, and Impactful Programs Building Foundations for Youths to Launch Themselves in Life Destination Campus and Integrated Programs
Experience, Educate, Explore, Evolve, Inspire, Empower, Immersive Life Skills, Inclusion, Career Pathway Opportunities, Collaboration with Accomplishments Encouraging Youth to Immerse Themselves in New Experiences Diverse, Interesting, Fun Curriculum, Participation and Engagement in this Exposure Based Program
The Culinary Club, Educational Equity Equalizer:
Education is the great equalizer; the more knowledge, the more opportunities will open up to allow the youth to achieve better possibilities in their path, career and personal growth.
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND APPROVING
A LEASE AGREEMENT BY AND BETWEEN THE CITY OF RICHMOND AND THE
RICHMOND POLICE ACTIVITIES LEAGUE FOR THE DEVELOPMENT OF A PARKING LOT AT 175 – 23RD STREET, RICHMOND, CALIFORNIA
WHEREAS, the City of Richmond provided Redevelopment funds to the Richmond Police Activities League (“RPAL”) in 1997 for the development of a gymnasium; and
WHEREAS, the RPAL gymnasium is located in Redevelopment Project Area 10 -A (Downtown) and is of primary benefit to residents of the Merged Project Area and also promotes the health and general welfare of the Merged Project Area and the community in general; and
WHEREAS, as a condition of approval of the development of the gymnasium, RPAL was required to construct and maintain adequate parking facilities to support the gymnasium; and
WHEREAS, RPAL has operated and maintained this location as parking through 2021 and desires to meet its requirement to construct and maintain adequate parking facilities to support the gymnasium; and
WHEREAS, RPAL now would like to construct and maintain adequate parking facilities to support the gymnasium and construct certain community garden improvements and supportive programs; and
WHEREAS, the City of Richmond and RPAL desire to enter into a Lease Agreement in the form attached hereto as Exhibit A, that will grant RPAL the use of City owned property (the triangular remainder o f APNs 514 -020-001 through 514-020-014 located at 175 23 rd Street, Richmond, California) for the construction a nd maintenan ce of said parking facility for the gymnasium, community garden improvements and supportive programs; and
NOW, THEREFORE, BE IT RESOLVED, that in consideration of the mutual covenants and promises of the Parties contained in the Lease Agreement, members of the City Council hereby approve the Lease Agreement and authorize the City Manager to execute and implement these agreements, including making minor and administrative amendments to t he agree ments and approving budgeted disbursements in accordance with the intent of these agreements.
*****************************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ 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
EXHIBIT A
Lease Agreement
AGREEMENT TO LEASE
THIS AGREEMENT TO LEASE (herein after referred to as the "Agreement") is made and entered into as of this ___day of February 2022 to be effective as herein below set forth, by and between the CITY OF RICHMOND, a municipal corporation and charter city (hereinafter called "Landlord”) and Richmond Police Activities League, Inc., a California nonprofit corporation (hereinafter called "Tenant").
WITNESSETH:
WHEREAS, LANDLORD is the owner of certain real property in the City of Richmond, County of Contra Costa, State of California, located on the south side of Bissell Avenue between 22nd and 23rd Streets, (a triangular remainder of APNs 514-020-001 through 514-020- 015), and that is described more particularly in Exhibit "A" (the "Property"); and
WHEREAS, Tenant seeks to construct and maintain a parking lot on the Property as an appurtenance for the Richmond Police Activities League Gymnasium located at 2200 Macdonald Avenue for the purposes permitted in Section 9 of this Agreement; and
WHEREAS, Tenant seeks to create a community garden and conduct supportive programs; and
WHEREAS, Landlord desires to lease to Tenant, and Tenant desires to lease from Landlord, the Property.
NOW, THEREFORE in consideration of the mutual covenants and agreements set forth herein, the parties hereto agree as follows:
Section 1. Property.
1.1 Landlord is the owner of the Property.
1.2 Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Property for the purposes permitted in Section 9 of this Agreement.
Section 2. Term of Agreement.
2.1 Initial Term.
The effective date of this Agreement shall be February ____, 2022 (hereinafter called "Effective Date"). The Term of this Agreement shall be for ten (10) years commencing upon the Effective Date and continuing through February ____, 2031 (hereinafter called the "Term") at which
time this Agreement shall automatically terminate unless Tenant exercises its two (2) successive five (5) year option periods as provided for in Section 2.2 of this Agreement.
2.2 Option Term.
Landlord hereby grants to Tenant the option to extend the term of this Agreement for two (2) additional five (5) year periods commencing when the prior term expires upon each and all of the following terms and conditions (such periods are referred to herein as the “Extended Term”):
2.2.1 In order to exercise a n option to extend, Tenant must give written notice of such election to Landlord and Landlord must receive the same at least thirty (30) days but not more than ninety (90) days prior to the date that the option period would commence, time being of the essence. If proper notification of the exercise of an option is not given and/or received, such option shall automatically expire. Options may only be exercised consecutively.
2.2.2 Base. Rent for any Extended Term shall be subject to an annual adjustment as provided in Section 3.2 of this Agreement and shall continue at rate existing at end of initial lease period.
2.2.3 Except for the provisions of this Agreement granting options to extend the Term; all of the terms and conditions of this Agreement, except where specifically modified by this Section 2.2 shall apply.
2.2.4 All renewal options granted pursuant to this Section 2.2 shall be personal to Tenant. The exercise of this option term is subject to the condition that Tenant is not in default under the terms o f this Agreement. Notwithstanding the provisions of this Section 2.2 otherwise, Landlord shall have the right to terminate Tenant’s leasing of the Property (or any portion thereof) during any Extended Term upon ninety (90) days written notice to Tenant, without cause, for any reason.
2.3 Reserved Easements.
Landlord reserves to itself and the right to grant to others in the future nonexclusive utility easements (including easements for construction, maintenance, repair, replacement and reconstruction of such utility easements) over, under, though, across or on the Property, provided Landlord shall use reasonable efforts to provide that such work occurring and any easement is located such that it will not unreasonably interfer e with Tenant's use and enjoyment of the Property. Tenant shall not be obligated to maintain or repair easement facilities unless the need for repair is caused by Tenant's negligence or other wrongful conduct. Tenant shall be given reasonable notice before commencement of any work on the Property. Work occurring, shall, to the extent reasonably practicable, not prevent Tenant's use of the Property for the purposes specified in Section 9. In the event the installation or maintenance of such future utility lines in such easements causes any damage to the Property, or any portion thereof, including but not limited to pavement, curbs and sidewalks, the same shall be repaired by Landlord to at least the condition in existence prior to the work referred to in this Section, at its expense, if not so repaired by the party installing and maintaining the utility lines.
Section 3. Rental Payments.
3.1 Base Rent.
During the Term Tenant shall pay to Landlord as annual rental, without deduction, setoff, prior notice or demand, the sum of $1.00 Dollar ($1.00) commencing on the Effective Date and continuing annually during the Term or any Extended Term.
3.2 Extended Term Rent.
Commencing with the first day of the Extended Term, Tenant agrees to pay to Landlord the an nual rent which was payable by Tenant for the last month of the immediately preceding year.
Section 4. General Covenants.
Tenant shall commence paying rent upon the effective date of this Agreement. Upon Tenant paying the Rent for the Property as herein provided, and observing and performing all of the covenants, conditions and provisions on Tenant's part to be observed and performed hereunder, Tenant shall have quiet possession of the Property for the entire Term and any Extended Term hereof subject to the provisions of this Agreement.
Section 5. Acceptance of Property.
Tenant's taking possession of the Property on the Effective Date shall constitute Tenant's acknowledgment that the Property are in good condition and that Tenant accepts the Property "AS IS". Tenant shall be responsible for installi ng and maintaining all improvements required to use the property for the purposes set forth in Section 9.
Section 6. Taxes.
Tenant shall pay all taxes which may be levied, imposed, or assessed upon or against the Property, or any possessory interest right which Tenant may have in or to the Property by reason of its use or occupancy thereof, and upon or against the structures, personal property and improvements located thereon. Tenant recognizes and understands that this Agreement may create a possessory interest subject to property taxation and that Tenant may be subject to the payment of property taxes levied on such interest. Tenant agrees to pay all taxes, assessments, and charges on goods, merchandise, appliances, equipment, and property owned by it in or about said Property.
Section 7. Safety Precautions.
Tenant agrees not to (a) employ or use ways or means, which are, dangerous on account of fire, explosions, or other hazardous risks over and above those normally associated with the type of business permitted in Section 9 of this Agreement, or (b) load or unload, handle or store in, on or around the Property any material or substance which would be dangerous because of the reasons set forth in (a) above, or would cause a cancellation of, or an increase in premiums payable under any policy of insurance maintained by Landlord in connection with the Property, if any.
Section 8. Compliance with Laws.
8.1 Compliance Generally. Tenant shall comply with all applicable federal, state and local laws, statutes, ordinances, rules, regulations, and the orders and decrees of any courts or administrative bodies or tribunals including municipal authorities, with respect to this Agreement, including without limitation environmental laws, employment discrimination laws, and prevailing wage laws for work that is not performed by "volunteers" as defined in California Labor Code Section 1720.4. Compliance under this provision includes compliance with all provision_ of the Municipal Code of the City of Richmond (“Municipal Code”) including Chapter 2.28 and Chapters
2.50, 2.52, 2.56, and 2.60, if applicable, which are herein incorporated by reference. Tenant shall be responsible for paying any fines or charges which may be lev ied by said agencies, de partments, authorities, tribunals, administrative bodies or courts for violations of said laws, orders, decrees, rules, regulations, ordinances and requirements arising out of Tenant's use and occupancy of the Property.
8.2 Compliance with Municipal Code Chapter 2.28.030.
Tenant agrees to observe the provisions of Section 2.28.030 of the Municipal Code obligating every contractor or subcontractor under a contract or subcontract with the City 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. Said Section 2.28.030, if applicable, is, by this reference, made a part of this Agreement.
8.3 Compliance with Municipal Code Chapter 2.60.
Tenant agrees to comply with all applicable requirements of the Chapter 2.60 of the Municipal Code ("Living Wage Ordinance") which is incorporated into this Agreement by this reference. As required under Section 2.60.070, Tenant shall, upon request, promptly provide to Landlord documents and information verifying its compliance with the Living Wage Ordinance for all work performed by persons other than "volunteers" as defined in California Labor Code Section 1720.4.. Also as required by Section 2.60.070, Tenant shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Section 9. Use of the Property.
9.1 The Tenant shall install and maintain the surface parking facilities and any improvements related to the community garden and its related programs (including all required fencing, landscaping, irrigation, lighting, and security features) on the property and shall not erect any permanent structures on the property without the approval of the Landlord and following completion of the appropriate plans submitted to the Community Development Departm ent and receipt of the necessary permits and financing. Tenant shall use the Property for surface parking and for such other uses as may be consistent with surface parking, such as temporary storage of building materials, for the Richmond Police Activitie s League only and for no other purpose, in all cases, subject to the terms of this Agreement. All other uses shall require the prior written approval of Landlord and shall be conducted consistent with the provisions of the Agreement.
9.2 Tenant agrees it will use due diligence to require all persons entering upon the Property not to use the Property in whole or in part during the Term or any Extended Term of this
Agreement for any purpose other than as hereinabove set forth, except with the prior written consent of Landlord, at its sole discretion. Tenant shall · bring , at its own cost and expense, its own machinery, equipment, fixtures, and other personal property necessary or convenient to its construction and operation of the Property.
9.3 Tenant shall not perform or permit repair work to any vehicle parked at the Property.
9.4 Tenant shall not permit any vehicles that are not registered to the Tenant to park overnight on the Property, except by the express written consent of the Landlord.
Section 10. Maintenance. Alterations and Surrender of Property.
10.1 Tenant shall, throughout the Term or any Extended Term of this Agreement and so long as it remains in the possession of the Property, maintain the Property in good, safe and sanitary condition and keep the Property in good repair, except as provided in Sec tion 15 of this Agreement. Landlord shall not have any responsibility to maintain the Property or to make repairs.
No hazardous materials are allowed to be used or stored at the Property at any time.
10.2 Tenant shall not commit, suffer or permit any nuis ance in or about the Property.
10.3 Tenant shall not make any alterations and/or improvements to the Property without the prior written consent of Landlord, which shall not be unreasonably withheld provided that Tenant has received all required discretionary land use approvals. Tenant shall apply for and exercise diligent good faith efforts to obtain all necessary land use approvals (the "Land Use Approvals"), including but not limited to City of Richmond design review approval, as necessary for any alterations and/or improvements. Landlord's consent to alterations and/or improvements shall not substitute for or guarantee grant of Land Use Approvals.
10.4 Landlord’s consent to Tenant’s application for alterations and/or improvements does not obligate any City of Richmond official, department, board, commission, employee or the City Council to approve such alterations and/or improvements. The City retains its discretion to approve or disapprove any alterations and/or improvements. Any alterations and/or improvements made shall remain on and be surrendered with the Property on expiratio n or termination of the Term or any Extended Term, except that Landlord may elect within thirty (30) days before expiration of the Term or any Extended Term, or within thirty (30) days after termination of the Term or any Extended Term, to require Tenant to remove any alterations and/or improvements which Tenant has made to the Property. If Landlord so elects, Tenant at its sole cost and expense shall restore the Property to the condition designated by Landlord in its election, before the last day of the Term or any Extended Term, or within sixty (60) days after notice of election is given, whichever is later.
10.5 Where Landlord consents to Tenant's alterations and/or improvements to the Property as provided in this Section, such alterations and/or improvements shall not be commenced until ten (10) days after Landlord has received notice from Tenant stating the date the installation of
the alterations and/or improvements is to commence so that Landlord can post and record an appropriate notice of non-responsibility.
10.6 The costs of maintenance and repair of any Tenant alterations and/or improvements and the costs of ordinary maintenance and repair of the Property shall be paid by the Tenant. Tenant shall return the Property to Landlord in as good condition as when delivered, less ordinary wear and tear.
Section 11. Duty to Guard Goods, Fire Equipment.
11.1 Except to the extent caused by Landlord's sole active negligence or willful misconduct, Landlord shall have no liability for any loss or damage to the goods, material, property and equipment of Tenant or third persons, upon or used in connection with the Property irrespective of the source of such loss or damage. Tenant shall provide at its own expense such security guards or alarm system as it may deem necessary for the security and protection of goods, material, property and equipment and Tenant's operations.
11.2 Tenant further agrees, at its own cost and expense, to maintain upon the Property at all times such fire equipment as may be prescribed from time to time, including any periodic inspection and certification as may be required by the Fire Marshal of the City of Richmond, or other competent authority. Tenant shall cause all goods, materials, property and equipment to be stored in such a manner that any fire equipment and controls on the Property are readily accessible at all times. In the event of any danger or damage to Landlord's property caused by fire, earthquake, or like hazard, Landlord shall be immediately notified by Tenant of such danger or damage.
Section 12. Utilities.
Tenant hereby covenants and agrees to pay for all water, sewer, heat, gas, trash collection, electricity, telephone service and any other utilities which may be furnished to or used in or upon the Property by Tenant during the Term of this Agreement.
Section 13. Indemnification.
13.1 To the fullest extent allowed by law, Tenant shall defend, indemnify and hold harmless the City of Richmond, and its elected and appointed officials, officers, employees, volunteers and agents (the "Indemnified Parties"), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees, expert witness fees and other defense costs, resulting from injury to or death sustained by any person (including Tenant's officers, employees, volunteers, agents and clients), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with this Agreement, except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole or active negligence or willful misconduct of the City of Richmond, or its elected or appointed officials, officers, agents, or employees. This indemnification provision shall survive the termination of this Agreement, including any Extended Term.
13.2 In claims against any person or entity indemnified under Section 13.1 above by an employee of Tenant, anyone directly or indirectly employed by Tenant or anyone for whose acts Tenant may be liable, the indemnification obligation under Section 13.1 above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under workers' compensation acts, disability benefit acts or other employee benefit acts.
13.3 Submission of insurance certificates, endorsements, or other proof of compliance with the insurance requirements in Section 14 below does not relieve Tenant from liability under this Section. This indemnification, hold harmless and defense obligations shall apply whether or not such insurance policies are applicable to any such damages or claims for damages.
Section 14. Insurance.
Tenant, at its own cost and expense, shall carry and maintain the insurance coverage set forth in Exhibit “B” attached hereto and incorporated herein by reference throughout the Term or any Extended Term of this Agreement.
Section 15. Destruction of Property.
15.1 Due to Risk Covered by Insurance. Any loss, damage to or destruction of the Property covered by the insurance provided for in this Agreement, during the Term or any Extended Term of the Agreement shall have no effect upon the Term or any Extended Term, the Rent payable hereunder or any of Tenant's obligations hereunder.
15.2 Due To Risk Not Covered by Insurance. If the Property shall, during the Term or any Extended Term of this Agreement, be damaged in whole or in part by any cause of whatsoever nature arising from activities of Tenant within the Property from a risk not covered by the insurance provided for in this Agreement whether or not caused by the default or neglect of Tenant, its officers, employees, volunteers, agents, or clients, the same shall be promptly repaired, rebuilt or replaced by Tenant at its sole cost and expense. If the existing laws do not permit the restoration, either party can terminate this Agreement immediately by giving notice the other party absent any notice period prescribed otherwise in this Agreement.
15.3 New Lease Area and Relocation Benefits. If this Agreement is terminated for any reason, Landlord shall have no obligation to provide Tenant a new lease area or relocation benefits.
Section 16. Relocation Benefits.
As further and additional consideration for leasing the Property, Tenant does hereby voluntarily and knowingly release and forever discharge Landlord, and its successors and assigns, from any and all claims or demands for relocation assistance benefits which may arise by reason of Article 9 of Chapter 4 of Division 24 of the Health and Safety Code of the State of California, or by reason of Chapter 16 of Division 7 of Title I of the Government Code of the State of California, or by reason of the federal act entitled "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970" (Public Law 91-646), as amended, or by reason of any law or regulation of the United States of America, the State of California, or the City of Richmond.
Section 17. Waiver of Claims.
Tenant hereby waives any claims against the Landlord, its officers, agents and employees, for damage or loss caused by any suit or proceedings directly or indirectly attacking the validity of this Agreement, or any part thereof, or by any judgment or award in any suit or proceeding declaring this Agreement null, void or voidable, or delaying the same, or any part thereof, from being carried out.
Section 18. Sublease and Assignment.
18.1 Prohibition Against Voluntary Assignment, Subletting and Encumbering .
Tenant shall not voluntarily assign or encumber its interest in this Agreement or in the Property, or sublease all or any part of the Property, o r allow any other person or entity (except Tenant's authorized representatives) to occupy or use all or any part of the Property, without first obtaining Landlord's written consent of such assignment, encumbrance, sublease, occupancy, or use, at Landlord’s sole discretion. Landlord’s consent to assignment, encumbrance, sublease, occupancy, or use shall not be unreasonably withheld. Any assignment, encumbrance or sublease without Landlord’s consent shall be voidable and, at Landlord’s election, shall constitute a default. No consent to any assignment, encumbrance or sublease shall constitute a further waiver of the provisions of this paragraph.
Any dissolution, merger, consolidation, or other reorganization of Tenant shall be deemed a voluntary assignment.
Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Agreement, all rent from any subletting of all or a part of the Property as permitted by this Agreement, and Landlord, as assignee and as attorney-in-fact for Tenant, or a receiver for Tenant appointed on Landlord’s application, may collect such rent, and apply it toward Tenant's obligations under this Agreement; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent.
18.2 Involuntary Assignment. No interest of Tenant in this Agreement shall be assignable by operation of law. Each of the following acts shall be considered an involuntary assignment:
18.2.1 If Tenant is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a bankruptcy proceeding in which Tenant is the bankrupt party; or, if Tenant is a partnership or consists of more than one person or entity, if another partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors.
18.2.2 If a writ of attachment or execution is levied on this Agreement.
18.2.3 If, in any proceeding or action to which Tenant is a party, a receiver is appointed with authority to take possession of the Property.
An involuntary assignment shall constitute a default by Tenant and Landlord shall have the right to elect to terminate this Agreement, in which case this Agreement shall not be treated as an asset of Tenant.
If a writ of attachment or execution is levied on this Agreement, Tenant shall have ten (10) days in which to cause the attachment or execution to be removed. If any involuntary proceeding in bankruptcy is brought against Tenant, or if a receiver is appointed, Tenant shall have sixty (60) days in which to have the involuntary proceeding dismissed or the receiver removed.
Section 19. No Liens or Encumbrances.
Tenant shall keep the Property and Tenant's possessory interest therein free and clear of any lien or encumbrance of any kind whatsoever created by Tenant's acts or omissions. Tenant shall have the right to contest any lien in good faith provided Tenant shall pay any judgment rendered prior to execution thereon.
Section 20. Events of Default.
If Tenant defaults in the performance of any of the covenants, conditions or agreements contained in this Agreement, then Tenant shall be deemed to have breached the Agreement and Landlord may re-enter and regain possession of the Property in the manner prescribed by California law.
Section 21. Right of Entry As Agent.
In any case in which provision is made herein for the termination of this Agreement by the Landlord or in the case of abandonment or vacation of the Property by Tenant, Landlord in lieu of declaring a forfeiture, may enter upon the Property. To such end, Tenant hereby irrevocably appoints Landlord its agent to remove any and all persons or property on said Property and place any such property in storage for the account of and at expense of Tenant. Tenant further agrees to hold Landlord harmless from any loss or damage or claim arising out of the action of the Landlord pursuant to this Section.
Section 22. Interest on Past Due Invoices.
Sums required to be paid to Landlord hereunder not paid within fifteen (15) days after invoice is sent by Landlord to Tenant shall bear interest at the rate of ten (10) percent per annum from the date due until paid.
Section 23. Signs.
No signs or placards of an advertising or promotional nature shall be painted, inscribed or placed in or on the Property. Tenant agrees to obtain all required City permits before placing any signs on the property and to remove promptly and to the satisfaction of Landlord, at the
cost and expense of Tenant, upon the expiration of the Term or any Extended Term or the earlier termination of this Agreement, any and all signs and placards placed by it upon the Property.
Section 24. Inspection of Property.
Landlord or its duly authorized representative, or agents or other persons for it, may enter upon the Property at any and all reasonable times during the Term or any Extended Term of this Agreement for the purpose of determining whether or not Tenant is complying with the terms and conditions hereof or for any other purpose incidental to rights of Landlord.
Section 25. Holding Over.
If Tenant holds over after expiration or termination of this Agreement without the written consent of Landlord, Tenant shall pay for each month of hold-over tenancy rent equal to one twelfth (1/12) annual fair market rental value of the Property as determined by the Landlord in its sole discretion, together with such other amounts as may become due hereunder. No holding over by Tenant after the Term or any Extended Term shall operate to extend the Term or any Extended Term.
Any holding over with the consent of Landlord in writing shall thereafter constitute a month-to- month lease, terminable upon thirty (30) days written notice from either party, at a monthly rental rate equal to that which Tenant was obligated to pay for the month immediately preceding the end of the Term or any Extended Term, together with such other amounts as may become due hereunder.
Section 26. Waiver.
No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such a right or remedy or be construed as a waiver. The receipt and acceptance by Landlord of delinquent Rent shall not constitute a waiver of any other default, right or remedy provided Landlord in this Agreement. Landlord's consent to or approval of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent act by Tenant.
Section 27. Attorneys' Fees.
If either party commences a lawsuit against the other to enforce any provision of this Agreement, the prevailing party shall be entitled to such attorney's fees and costs including expert witness fees and costs, of suit as the court may deem reasonable.
Section 28. Nondiscrimination.
Tenant herein covenants by and for itself, its agents, employees and officers and all persons claiming under or through it that this Agreement is made and accepted upon and subject to the following conditions: that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, sex, sexual orientation, creed, national origin, or ancestry, in the leasing, subleasing, contracting, subcontracting, transferring, use, occupancy, tenure, or enjoyment of the Property herein leased and assigned; nor shall Tenant itself, nor any person
claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of Tenants, lessees, sublessees, subtenants, users or vendors in the Property herein leased and assigned.
Section 29. Disclosure.
Tenant understands and agrees that the California Public Records Act (Government Code Section 6250 et seq.) applies to this Agreement and any and all records, information, and materials submitted to the City of Richmond in connection with this Agreement. Accordingly, any and all such records, information and materials may be subject to public disclosure in accordance with the California Public Records Act. Tenant hereby authorizes the City of Richmond to disclose any records, information and materials submitted to the City of Richmond in connection with this Agreement.
Section 30. Terms Binding on Successors.
All the terms, covenants and conditions of this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. The provisions of this Section shall not be deemed as a waiver of any of the conditions against assignment or subletting hereinabove set forth.
Section 31. Time of Essence.
Time is expressly declared to be of the essence of this Agreement.
Section 32. Termination of Prior Lease.
In the event there is any prior existing lease or rental agreement between the Tenant and Landlord covering the Property, it is agreed and understood that this Agreement shall terminate and expire any such existing lease or rental agreement as of the Effective Date of this Agreement.
Section 33. Notices.
Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party shall be addressed as follows:
Landlord: City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attn: City Manager
Attn: City Attorney’s Office
To Tenant: Richmond Police Activities League
2200 Macdonald Avenue
Richmond, CA 94801
Attn: Executive Director
Either party may change its address by notifying the other party in writing of the change of address. Notice shall be deemed communicated within three (3) days from the time of mailing if mailed as provided in this paragraph.
REST OF THE PAGE INTENTIONALLY LEFT BLANK
Section 34. Entire Agreement.
It is understood and acknowledged that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, brochures, agreements and understandings, if any, between the parties hereto or displayed by Landlord to Tenant with respect to the subject matter thereof, and none thereof shall be used to interpret or construe this Agreement. This Agreement contains all of the terms, covenants, conditions, warranties and agreements of the parties relating in any manner to the rental, use and occupancy of the Property, shall be considered to be the only agreement between the parties hereto and their representatives and agents, and none of the terms, covenants, conditions or provisions of this Agreement can be modified, deleted or added to except in writing signed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
ATTEST:
______________________
City Clerk
Approved as to Form
_______________________
City Attorney
THE CITY OF RICHMOND,
a municipal corporation
and charter city
BY:
__________________
_____________
City Manager
RICHMOND POLIC E
ACTIVITIES LEAGUE, a
California corporation
BY:
__________________
______________
TITLE:
__________________
______________
BY:
__________________
______________
TITLE:__________________
_______________
(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.)