Richmond City Council
March 1, 2022

Neighborhood traffic impact when Southbound patrons
encounter a "Right turn only" at driveway exit
this sign will be complied with, and even
the Planning Commission questioned how
well it would be followed. Also, this
condition of approval is not binding since it
states only that "installation of the sign
shall be pursued diligently but shall not be
a condition of obtaining the certificate of
occupancy for the use." Therefore,
residents surrounding the property still
need effective protection against a surge
of vehicles that would use surrounding
streets to compensate for the "right-turn-
only" requirement when exiting the
property. The portion of the 800+ vehicles leaving the property daily whose direction is south on San Pablo Avenue will look for the most efficient means to do so. That will be mean looping around on the McDonald Street and other residential streets (see illustration).

Resolution: Add condition to control traffic onto surrounding residential streets.

We request that the Council add a condition that:
• Requires a baseline traffic count at different times and days for Roosevelt Ave., McLaughlin St. and Key Blvd. prior to store opening.
• Triggers a follow-up traffic count at streets affected by significantly increased traffic when requested by one-half the residents on any of these streets. • If traffic increases by over 25% above current levels and is attributable to the Dollar Tree operation, construction of traffic control measures will take place within six months using the recommendations described in the Traffic Safety Study (#1 above), or through a separate study. Applicants would be required to fund the study, design, and construction with work overseen by the Public Works Department.

3. Ston^dosingjiour compatible with residential setting (note: Dollar Tree stores elsewhere have earlier closing hours)
Condition #20 states that "the store hours shall be between 9:00 a.m. to 9:00 p.m., with seasonal adjustments allowed for the holidays." This is incompatible with placing an intensive retail operation in a residential neighborhood. There is no limit on opening times for "seasonal adjustments" for any holidays. The evidence shows that even the Dollar Tree store in Martinez closes at 8:00 p.m. Also, at one of the public meetings, corporate representatives commented that the early morning and late evening hours are the slowest. Google analytics also verifies that the peak store patron volume is between 3-6 p.m.

The Applicant's response cites Target, Grocery Outlet, Planet Fitness, and others as examples of businesses located "immediately adjacent" to residential properties that have longer hours.

However, this statement is problematic because rear walls or streets separate these businesses from residences and the parking lots are not directly adjoining homes.

Resolution: Modify Condition #20 - "Hours of operation shall be from 9:00 a.m. to 7:00 p.m. throughout the year." Or, if necessary, to 8 p.m.
4^ Time limit needed on delivery truck unloading at night Condition #19 proposes that "All deliveries by Dollar Tree distribution trucks to the store shall arrive no earlier than 7:00 a.m. and no later than 9:00 p.m.....

Residents commented on the known noise associated with the truck door, metal rollers, and other noisy equipment used to unload delivery trucks. One Planning Commission member commented about complaints she had received in her position from the piercing backup alarms of delivery trucks. There is no evidence that this condition adequately addresses the noise impacts of truck unloading for immediately adjoining neighbors, one of whom is right next to the loading dock. There needs to be a limit on unloading activity at night.

Resolution: Modify condition ffl9 - The truck delivery arrival time to be no earlier than 7:00 a.m. and leave no later than 9:00 p.m......

5. Timely, specific, and effective measures to control delivery dock & other noises to adjoining properties
In addition to timing concerns, neighbors and the Neighborhood Council asked that the Applicants provide a means of controlling the noise volume from parking lot activity and delivery unloading and other noise-producing machinery or activities. Several times a wooden fence was proposed, but a wooden fence is ineffective at controlling noise from neighboring operations. Again, the neighbor whose residence is immediately next to the delivery dock faces the highest impacts on their home property value and quality of life. One planning commissioner suggested building a sound-enclosing shed at the delivery dock. However, every residence whose lot line is shared with the parking lot may experience frequent noise impacts.

The Planning Commission approved a condition recommended by the Applicants: Condition ft 26 "....An acoustic absorbent material shall be installed along the portion of this loading zone fence opposite to the loading dock to further reduce potential noise." However, not only are there no details provided on the nature and effectiveness of the acoustic absorbent material, but to the extent that this condition could be interpreted as having precedence over the sound control requirements of the Richmond Municipal Code ARTICLE 15.04.605 -NOISE, adoption of this condition would be an abuse of discretion.

Resolution: Modify Condition #26 - Replace the above cited sentence from Condition #26 with a requirement to comply with the provisions of the Richmond Municipal Code ARTICLE 15.04.605 - NOISE, including a) conducting an ambient noise study prior to store opening, b) conducting a noise study after the opening at the store at the request of a neighbor(s), and c) implementing A/o/seAttenuation Measures as needed.

This proposed language is needed to apply the Noise code to this situation.

6. Qversized, overwhelming signage despite 24" signs at adjacent small businesses and another area Dollar Tree.

The excessive, oversized signage proposed in this CUP does not comply with Section

15.04.805.040 of the design review criteria that states that the project design should not "overwhelm or adversely impact adjoining properties." Visual evidence from the surrounding businesses and another area Dollar Tree indicates that the proposed excessive, oversized signage is out of scale with other signage in this small business area of San Pablo Avenue. Kentucky Fried Chicken, another large corporate business across the street from the proposed Dollar Tree, tastefully and simply signs the front of their building facing San Pablo Avenue with 24" letters, "KFC." The Dollar Tree on San Pablo Avenue at Gilman Street in Berkeley uses 24" letters on the side of the building facing San Pablo Avenue.
24" tall letters at Berkeley
Dollar Tree facing San Pablo
Neighbors have been enthusiastic about the Planning Department's stated aim to develop attractive, inviting "walkable streets" on the San Pablo Avenue corridor. This major intersection property location is also a gateway to the San Pablo Avenue corridor and the surrounding residential neighborhoods. Therefore, we are requesting modifications to the exterior design that still advertises the business, but is more fitting with the corridor businesses and surrounding neighborhood.

Neighborhood-scaled signage with Dollar
Tree logo proposed for the south side of
the building facing Barrett Avenue. Instead,
Applicants propose a 6'tail Dollar Tree sign
with 30" letters with a huge green stripe.
yu''^ "^ Su'i'h Ft-'Jrtt.i-'< i'ff<.3( v.e'.'.' -f.aie? b.irp*! nv"; The RHNC letter to the Planning Commission requested each of the three large signs to be scaled back slightly in size, as follows:
a) 24" tall sign letters facing San Pablo Avenue (versus 28") b) 30" tall letters sign letters facing the parking lot (versus 7' tail sign with 36" tail letters) c) an unilluminated Dollar Tree logo and green stripe at the top left corner building section for the south side facing Barrett Avenue, but not across the whole side of the building (see illustration below). The Applicants propose a 6' tail DOLLAR TREE" sign with 30" tall letters.

The Applicants response has been that the proposed 6' tall sign on the Barrett side of the building is for patrons traveling north on San Pablo Avenue so they don't over shoot the entrance. However, the front building would have a large sign, and a 4'x4' "monument sign" is planned for the entrance driveway. The evidence from driving north San Pablo Avenue (see photo below) is that the front of the building and the proposed monument sign would indicate that there is a Dollar Tree store here.

View driving north on San Pablo Avenue
"DOLLAR TREE" sign
4'x4' illuminated sign with
"DOLLAR TREE" name and logo at driveway entrance
These two prominent signs amply inform drivers on San Pablo Avenue of the identity of the business here.

Resolution: Add new condition -That store signage consist of the following:
b) 24" tall sign letters facing San Pablo Avenue,
c) 30" tall letters sign letters facing the parking lot. a) an unilluminated Dollar Tree logo and green stripe at the top left corner building section on the south side of the building facing Barrett Avenue.

7. Total parking lot andI sign brightness level (i.e. lumens) for parking lot, etc. were not made available
The Neighborhood Council has repeatedly asked for the total lumens (i.e. lighting brightness level) for the parking lot and signage. Lumen levels should have been reported and part of the public project review under Richmond Municipal Code, ARTICLE 15.04.604 - LIGHTING AND ILLUMINATION. Anyone who has visited a car sales lot at night knows how bright the lighting can be.

As a result of this appeal, the Applicant's response indicates that the night operation would result in approximately 47,000 lumens, whereas the brightness level for the adjoining residential neighborhood is about 80% less, or about 10,000 lumens. It is extremely important that the "glare" and "lighting spill' conditions in the CUP be tightly enforced.

Resolution: The Applicant's response to this appeal now includes the total estimated lumens for the project. It is extremely important that the "glare" and "lighting spill' conditions in the CUP be tightly enforced.

We desire that a business occupy the site in a way that fits, and does not devalue the immediate and surrounding neighborhoods, nor conflict with General Plan policies for good- paying employment, healthy products, and adding value to the city. This operator) should not undercut surrounding small businesses that incur the expense associated with offering residents fresh fruits, vegetables, milk, proteins, and breads.

We also did not find substantial evidence in the record to support how the project complies with the selected General.PJan goals and policies, design guidelines, and the Zoning Ordinance as applied to the issues cited in this appeal, including that the project • comply with General Plan Use Goal LU-A and Land Use Policy LU-1 so that the project results in "an improved urban environment."
• be "compatible with and will not infringe upon the character of the surrounding neighborhood."

• "The location, size, design, and operating characteristics of the proposed use will be compatible with and will not be adversely affect the livability or appropriate development ofabutting properties and the surrounding neighborhood." • adequately include measures "to reduce the potential adverse impacts to the surrounding area" and "the project design does not overwhelm or adversely impact adjoining properties" (Design review criteria in Section 15.04.805.040) The added or modified conditions in the report are intended to bring this CUP closer in compliance with the city's General Plan goals and policies, design guidelines, and the Zoning Ordinance.

There were also other relevant General Plan goals and policies that were not evaluated against this project (non-italics), such as:
• LUG High-Q.uality and Sustainable Development and LU5.3 Land Use Compatibility • Economic Development Goals and Policies
• Goal CR-3 - a Safe and Well-Maintained Circulation System • Community Health and Wellness policy HW11 - Leadership in Building Healthy Communities, Policy HW11.1, and several additional and directly-related Health and Wellness goals and policies. Of note, the General Plan's Community Health and Wellness policy - HW11.1 states that of health criteria may be used "in reviewing and approving new development and redevelopment projects to maximize their health benefits and minimize or eliminate health impacts." At the 12/2 Planning Commission meeting, the members received a public comment on the product safety record for items Dollar Tree stocks in their stores (see "Dollar Tree Not Removing Toxic Chemicals Fast Enough," Healthy Children Project, Learning Disabilities Association of America). The national Campaign for Healthier Solutions and the Retailer Report Card are currently asking for a toxic product safety update from the Dollar Tree corporation (Target has an "A" grade; Dollar Tree has moved from a "D" to a "C+"). We hope the Council will simply ask the Applicants to inform the Council and residents of their progress in removing toxic chemicals from their product packaging.

We appreciate the Planning Commission's dedicated and patient work on this CUP and remain committed to a project at this location that works for our neighborhood, too. Therefore, we recommend the Council approve the added or modified Conditions of Approval in this appeal.

Sincerely,
'a^i^e-^
Jim Hanson
President, Richmond Heights Neighborhood Council

March 1, 2022

Public Works

DATE: March 1, 2022
TO: Mayor Butt and Members of the City Council
FROM: Joe Leach, Director of Public Works

Subject: Adopt an Interim Ordinance Extending Urgency
Ordinance No. 01-22
FINANCIAL IMPACT: An Interim Ordinance extension would likely impact City finances temporarily because it would prohibit the City from issuing building permits requiring new connections to Keller Beach Sanitary Sewer (“KBSS”). New-
construction building permits, for example, can include impact fees for City services.

PREVIOUS COUNCIL
ACTION:

January 18, 2022

STATEMENT OF THE
ISSUE:

Urgency Ordinance No. 1-22, adopted on January 18,
2022, and expiring March 4, 2022, created a temporary,
45-day moratorium on the issuance of building permits
for new Keller Beach Sanitary Sewer (KBSS)
connections. It also created an “urgency thereof” based on a KBSS report documenting compromised pipe
conditions with a risk of imminent pipe failure. New sewer connections resulting in increased KBSS use heighten
this failure risk and the resulting environmental and public safety concerns. Proposed Interim Ordinance extension
expires in 10 months and 15 days, unless subsequently
extended for one (1) year.

AGENDA
REPORT

March 1, 2022
RECOMMENDED ACTION: HOLD a public hearing; and ADOPT an Interim Ordinance establishing a 10-month and 15-day extension
of Urgency Ordinance No. 01-22 imposing a temporary
moratorium on issuance of building permits requiring new sewer connections to the Keller Beach Sanitary Sewer;
and declaring an urgency thereof – Public Works
Department (Joe Leach 510-620-5478).

DISCUSSION:

On January 18, 2022, pursuant to Government Code Section 65858 (“GC Section 65858”), the City Council adopted Urgency Ordinance No. 01-22 N.S. (hereinafter “Urgency Ord. No. 01-22”), which established a 45-day moratorium (to expire March 4, 2022) on the issuance of building permits requiring sewer connections to the Keller Beach Sanitary Sewer (KBSS) and declaring the urgency thereof.

Also on January 18, 2022, the City Council adopted Resolution No. 08-22, which accepted the findings of the Keller Beach Sanitary Sewer CCTV review and assessment report (“KBSS Review and Assessment Report”), dated January 3, 2022.

The KBSS Review and Assessment Report identified a severely compromised pipe and concluded that KBSS should undergo extensive repairs, which would address critical issues; or a pipe replacement and relocation, which would alleviate the critical issues but incur cost and time considerations.

The City will perform an in-depth study of alternatives and seek expert consultation; hire contractors; and perform evaluative assessments to devise the best solution, while taking into consideration environmental and public health concerns. By necessity, the City needs time to coordinate its study efforts in a reasonable way with federal, state, and local agencies; property owners; and other interested stakeholders to preserve public health, safety, and welfare.

Government Code section 65858(a) authorizes the City Council to extend Urgency Ordinance No. 01-22 for ten (10) months and fifteen (15) days following notice and a public hearing. An extension requires a four-fifths vote of the City Council for adoption (i.e., six [6] votes), and the City Council may subsequently extend for one (1) year.

The sanitary sewer issues presented by KBSS’ condition create an imminent threat to the public health, safety, and welfare, as well as the environment, in the Sewer Moratorium Area; and a moratorium on the issuance of building permits requiring new connections to KBSS will prevent further deterioration and pipe destruction. Further, development that requires additional sewer connections to KBSS would result in specific and quantifiable adverse impacts to sanitation infrastructure; the ability to safely and timely repair infrastructure failures; environmental degradation; and the risk of an immediate threat to the public’s health, safety, and welfare. The City has also not

March 1, 2022
identified any actions, other than the moratorium’s adoption, that would be less burdensome or restrictive; or that would satisfactorily mitigate or avoid the specific, adverse impacts KBSS’ condition presents.

On February 18, 2022, the City completed and posted a written report (“Report”) describing the measures taken to alleviate the condition that led to the adoption of the urgency ordinance. In particular, Public Works is mid-process in executing a work authorization for consultants to complete the next-stage feasibility study and evaluation of alternatives, including but not limited to alternate alignments to, and sewering of, properties. The Department is also creating an informational webpage where affected property owners can obtain information about the moratorium, including petitioning for relief.

ALTERNATIVES CONSIDERED:

1. Extend Interim Ordinance on Moratorium as proposed for 10 months and 15 days with a possible one-year extension; or,

2. Take no action, whereby the moratorium expires on March 4, 2022.

DOCUMENTS ATTACHED:

Attachment 1 – Draft of Proposed Interim Ordinance Extending Temporary Moratorium Attachment 2 – 10-Day Report Issued Pursuant to Government Code, Section 65858(d) Attachment 3 – Keller Beach Sewer Moratorium Area Map
Attachment 4 – Urgency Ordinance No. 01-22 N.S., adopted January 18, 2022

ORDINANCE NO _____ N.S.

AN INTERIM ORDINANCE, ESTABLISHING A 10-MONTH AND 15-DAY EXTENSION OF URGENCY ORDINANCE NO. 01-22, IMPOSING A

TEMPORARY MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS

REQUIRING NEW SEWER CONNECTIONS TO THE KELLER BEACH
SANITARY SEWER; AND DECLARING THE URGENCY THEREOF,
PURSUANT TO GOVERNMENT CODE SECTION 65858

WHEREAS, Government Code Section 65858 (hereinafter “GC Section 65858”) authorizes the City Council to adopt , as an urgency measure, an interim ordinance by a four -fifths vo te to temporarily prevent development and /or construction that threatens the public health, safety, and welfare of citizens residing in the Sewer Moratorium Area; and

WHEREAS, on January 18, 2022, in compliance with GC Section 65858, the City Council adop ted Urgency Ordinance No. 01-22 N.S. (hereinafter “Urgency Ord. No. 01-22”), wh ich established a 45-day moratorium on the issuance of building permits requiring new sewer connections to the Keller Beach Sanitary Sewer (hereinafter “KBSS”) and declaring the urgency ther eof, and which will expire on March 4, 2022; and

WHEREAS, Urgency Or d. No. 01-22 defined “sewer connection” as the connection of a building’s drainage system , which conveys the discharge from soil, waste, and other drainage pipes of a busine ss or residence to the City’s sewer main and/or other applicable sewer infrastructure; and

WHEREAS, GC Section 65858(a) authorizes the City Council to extend Urgency Ord. No. 01-22 for ten (10) months and fifteen (15) days following notice and a public hearing. Said extension shall require a four-fifths vote of the City Council for adoption, and t he City Council may subsequently extend for one (1) year; and

WHEREAS, pursuant to GC Section 65858(a) and GC Section 65090, the City Council provided notice by publication in the West County Times on February 19, 2022, as statutorily mandated and held a subsequent public hearing on March 1, 2022, where it took public comment; and

WHEREAS, pursuant to GC Section 65858(c), the City Council shall not extend an interim ordinance unless said ordinance contains legislative findings that there is a current and immediate threat to public health, safety, or welfare ; and that the a pproval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use that is required for zoning ordinance compliance would result in such threat to pub lic health, safety, or welfare; and

WHEREAS, on Ja nuary 18, 2022, the City Council adopte d Resolution No. 08-22, there by acc epting the findin gs of the Keller Beach Sanitary Sewer CCTV review and assessment report (hereinafter “KBSS Review and Assessment Report”) prepared by N CE-Coastland, dated Jan uary 3, 2022, and hereby incorporated within; and

WHEREAS, the KBSS Review and Assessment Report identified a severely compromised pipe and concluded that KBSS should undergo extensive repairs, which woul d a ddress critical issue s; or a pipe replacement and relocation, which would alleviat e the critical issue s but incur cost and time considerations; and

WHEREAS, the City will perform an in -depth study of alternatives and seek expert consultation ; hire contractors; and perform evaluative assessments to devise the best solution, while taking into consideration environmental and public health concerns. By necessity, the City needs time to coordinate its study efforts in a reasonable way with federal, state, and local agen cies; affected property owners; and other interested stakeholders to preserve public health, safety, and welfare; and

WHEREAS, the sanitary se wer issues presented by KBSS’ condition create an imminent threat to the public health, safety, and welfare as well as the environment in the Sewer Moratorium Area (incorporated herein by reference) ; and a moratorium on the issuance of building permits requiring a new connection to KBSS will prevent further deterioration and pipe destruction; and

WHEREAS, GC Section 65858(c) provides that the legi slative body shall not e xtend an ordinance unless it contains legislative findings of a cur rent and immediate t hreat to public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or an y o ther applicable entitlement for use which is re quired in order to comply with a zoning ordinance would result in that threat to public health, safety, or welfare; and

WHEREAS, GC Section 65858(d) requires the City Council to issue a written report (“Report”) describing measures taken to alleviate the condition that led to the adoption of the Urgency Ord. N o. 01-22 ten (10) days prior to its expiration or extension. The City Council’s Report is incorporated herein; and

WHEREAS, GC Section 66300 aut horizes a moratorium imp acting housing development only where such a moratorium would prote ct again st an imminent threat to the health and safety of person residing in, or within the immediate vicinity of, the area subject to the moratorium and after the California Department of Housing and Community Development (hereinafter “HCD”) has reviewed said moratorium; and

WHEREAS, the City has consulted with HCD, and pursuant to GC Section 66300, and this Interim Ordinance shall not be enforceable un til HCD reviews and grants approval that the moratorium speci fically protects against the imminent threat to the health and safety of persons residing in, or within the immediate vicinity of, the Sewer Moratorium Area; and

WHEREAS, development requiring additional sewer connec tions to the KBSS would result in specif ic and quantifiable adverse impacts to sanitation infrastructure; the ability to safely and timely repair infrastructure failures ; environmental degradation; and pose an immediate threat to the public’s health, safety, and welfare for the above-stated reasons; and

WHEREAS, to protect the public’s health, safety, and welfare, it is necessary to extend Urgency Ordinance No . 01-22 to ensure that any fut ure development in the Sewer Moratorium Area does not further impact the community and the hea lth and safety of those residing in the Sewer Moratorium Area; and

WHEREAS, feasible alternatives to satisfactorily mitigate or avoid the specific, adverse impac ts with respect to public health and safety , sanitation infrastructure, ability to sa fely and timely repair infrastructure failure s, and environmental degradation, have yet to be fully identified; and

WHEREAS, the City has not yet been able to identify any less burdensome or restrictive actions other than the adoption of this moratorium extension; and

WHEREAS, the City Council has determined that a temporary moratorium on the issuance of building permits requiring a new s ewer connection to KBSS is necessary to preserve public health, safety, and welfare, and to protect ag ainst the imm inent threat to the health and safety of per son residing in the Sewer Moratorium Area, and the “Whereas” clauses above taken together constitute the City Council’s statements and reasons constituting such necessity and urgency.

NOW, THEREFOR E, THE CITY C OUNCIL OF THE CI TY OF
RICHMOND does ordain as follows:

SECTION 1. The City Council finds, and determines to be in full force and effect, the Recitals set forth in Urgency Ord. No. 01-22, and as above, and hereby incorporates them herein.

SECTION 2. The City Council finds and determines for the reasons stated in the Recitals, that the adoption of this Interim Ordinance is exempt from CEQA under Section(s) 15061(b)(3), 15307, and 15308 of the State CEQA Guidelines.

SECTION 3. The City Council finds that a Report was issued by the City on February 18, 2022, at least ten (10) days prior to the e xpiration of Urgency Ordinance No. 01-22 describing measures taken to alleviate the condition which led to the adoption of the urgency ordinance.

SECTION 4. The Cit y Council further finds that the extensio n of the Urgency Ord . No. 01-22 is nece ssary to mi tigate and /or avoid the specific adverse impact s identified herein, and that there is no feasible alternative to satisfactorily mitigate or avoid the specific, adver se impact identified herein as well or bet ter, with a less burdensome or restric tive effect, than the adoption of the extension of the urgency ordinance.

SECTION 5. Exceptions. The followin g development activities within the City limits requiring a sewer connection to Keller Beach Sanitary Sewer are exempt from the moratorium:

a. All projects (if any) that have vested rights to a new s ewer connection because of previously submitted and fully complete applications and issued building permits;

b. Projects ordinarily requiring a connection to the Keller Beach Sanitary Sewer for which the owner/developer submits a design for the extension of a sewer main to an alternative segment, the design which is approved by the City Engineer and/or Public Works Director, and the property owner/developer agrees to be solely responsible for all costs and expense s of installing and maintaining said sewer main, among other terms and conditions provided by the City in an executed and recorded written agreement between the City and property owner/developer to this effect.

SECTION 6. Except subject to procedures provided in Section 8 hereof, a development applicat ion for which a sewer connection to the Keller Beach Sanitary Sewer is required may be processed during the moratorium and any extension of the moratorium. However, the appli cation shall be processed at the applicant’s sole cost and expense and with the un derstanding that no building permit shall be issued until the moratorium, including any extension of the moratorium, has expired and that, such permit may not be issued if it is inconsistent with any amendmen ts to the municipal code, ordinances, or regulations that are amended by reason of the review that occurs during the moratorium.

SECTION 7. Term of Moratorium . In accordance with Government Code Section 65858, this Interim Ordinance shall be in full forc e and effect for a period of ten (10) months and fifteen (15) days from the date of its adoption; or when the Department of Housing and Community Development approves this moratorium, whichever occurs lat er. The City Coun cil may extend this Interim Ordinan ce

subsequently for one (1) year, pursuant to Section 65858 . Any extension shall also require a public hearing and a four-fifths vote for adoption.

SECTION 8. Petition for Relief from Moratorium.

A. Any person (“Applicant”) who has applied for a permit from the City to construct a project requiring a KBSS sewer connection, on or before January 18, 2022, may submit to the Planning Commission a written applic ation requesting relief from the Moratorium (“Request for Relief” or “Request”). The Request for Relief shall identify the Applicant’s name, address, and affected permit application number ; and it shall state how the Moratorium , as applied to Applicant, would affect Applicant’s project (“Project”).

B. In deciding the question of whether relief shall b e provided from the Moratorium, the Planning Commission shall make findings as to the Applicant’s:

1. Reasonable, investment-backed expectation;

2. Reasonable, economic use of subject property;

3. The timing and the impact of adding the KBSS connection; and

4. If the impacts to the Project are reasonable under the circumstances.

C. Public Hearing.

1. In deciding Applicant’s Request for Relief, the City Planning Commission shall conduct a public hearing on the Request and shall set a time and place for such hearing to be held within thirty (30) days of the City’s receipt of a complete Request.

2. At leas t ten (10) days before the public hearing, the City shall make available to the public copies of the Request for Relief in the office of the City Clerk.

3. Notice of the public hearing shall be pro vided in accordance with Richmond Municipal Code Chapter, Article 15.04.803.

4. After receiving public comment, the Planning Commission shall approve, deny, or modify the Request for Relief based on the required findings of Section 8(B)(1-4) above within thirty (30) days following the hearing.

5. The City shall promptly notify Applicant in writing of the Planning Commission’s decision on the Request for Relief and shall state the reasons and grounds therefore. The City shall also m ail notice of its decision to members of the public who have requested notice.

D. Appeal.

1. Any person aggrieved by the Planning Commission ’s decision on Applicant’s Request for Relief may appeal to the City Council by submittin g a written appeal to the City Clerk within ten (10) days of the date of decision date.

The appellant shall remit the appeal fee listed in the City's Master Fee Schedule when submitting the appeal.

SECTION 9. The City Clerk shall certify to the passage a nd adoption of this Interim Ordinance, ca using it to be posted as required by l aw; thereafter, it

shall be in full force and effect. As an urgency measure, the Interim Ordinance shall become effective immediately to ensure protection of the public’s health , safety, and welfare.

SECTION 10. For the term of t his Interim Ordinance, as s et fo rth in Section 7 hereof, the provisions herein shall govern. To the extent any conflict exists between the provision s o f t his I nterim Ordinance and those of any City Code or any o ther ordinance, res olution, or policy , then all such conflicting provisions shall be suspended with respect hereto.

SECTION 11. This Interim Ordinance is enacted pursuant to the City of Richmond’s general police powers; Article II for the C ity’s Charter; Article XI o f the California Constitution; and Government Code Section 65858.

SECTION 12. Severability. If any section, subsection, sentence, clause, or phrase of this Interim Ordinance is, for any reason, held by a court of competent jurisdiction to be invalid, such decision shall n ot affect t he validity of the Interim Ordinance’s remaining portions. The City Council declares that i t would have adopted this Interim Ordinance, and each section, subsection, sentence, clause, and phrase thereof , irr espective of the fact that any one or more sectio n(s), subsection(s), sentence(s), clause(s), or phrase(s) be declared invalid.

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

I hereby certify that the foregoing Interim Ordinance was passed and adopted by the C ity Council of the City of Ric hmond at a regular meeting thereof held March 1, 2022, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

_____________________________________

CLERK OF THE CITY OF RICHMOND

Approved:

_____________________
Mayor

Approved as to form:

_____________________
City Attorney

CITY COUNCIL REPORT ISSUED PURSUANT TO
GOVERNMENT CODE SECTION 65858(d)

DATE: February 18, 2022

SUBJECT: Report on Measures Taken Following Adoption of Interim Urgency Ordinance Number 01-22 N.S. Establishing a Temporary, 45-Day Moratorium

BACKGROUND: On January 18, 2022, the Richmond City Council adopted urgency- measure Interim Ordinance Number 01-22 N.S. (“Ord. No. 01-22 N.S.”), which established a temporary moratorium on the issuance of building permits requiring new sewer connections to the Keller Beach Sanitary Sewer (“KBSS”); and further declaring an urgency thereof. Ord. No. 01-22 N.S. is set to expire on March 4, 2022.

Pursuant to California Government Code § 65858(b), an interim ordinance remains in effect for forty-five (45) days from its adoption date and may be extended for ten (10) months and fifteen (15) days following a noticed, public hearing and with a four-fifths vote for adoption from the City Council, which would require six (6) of seven (7) votes. If adopted, the proposed extended interim ordinance would take effect immediately.

California Government Code § 65858(d) requires the City Council to issue a written report ten (10) days before the earliest of either: the interim ordinance’s expiration; or, prior to the extension’s adoption. The report shall describe measures the City is taking to alleviate the condition(s) that led to the interim ordinance’s adoption.

Ordinance Number 01-22 N.S. will expire on March 4, 2022. The City Council is scheduled to consider an extension of Interim Ordinance No. 01-22 N.S. on March 1, 2022; thus, this report’s date of issue satisfies the requirements of California Government Code § 65858(d).

DISCUSSION: The Public Works Department is actively reviewing and analyzing the totality of circumstances facing the KBSS line.

Public Works faces a complex situation with this pipeline, especially given the seriousness of the sanitary sewer issues it presents. The lack of straightforward, easy solutions adds to the complexity. Challenges include, but are not limited to: defining and evaluating potentially viable solutions for repair and/or replacement; the cost of any such proposed solution; the geographical difficulties presented by both the pipeline’s in-water location and the limited staging area for repair equipment; and, the inherently sensitive environmental and public health concerns, which would potentially result from a failure.

Public Works is taking a multi-pronged approach to addressing the matter; specific activities being undertaken currently include the following:

▪ Presented NCE-Coastland’s Keller Beach Sanitary Sewer CCTV Review and Assessment Report, detailing KBSS conditions, to the City Council on January 18, 2022; and

▪ Is mid-process on executing a work authorization for consultants to complete the next-stage feasibility study and evaluation of alternatives, including but not limited to: alternate alignments to, and sewering of, properties; and

▪ Developed and drafted correspondence to property owners advising them of the moratorium and the forthcoming studies; letter to be mailed pending the moratorium extension’s adoption; and

▪ Developed an informational webpage to provide information about the moratorium and details on petitioning for relief from same.

The above reflects actions undertaken during the short period necessary to extend the interim urgency ordinance in effect currently.

OPPORTUNITY FOR PUBLIC COMMENT: Members of the public will have the opportunity to comment on the drafted extension of the Urgency Ordinance at the City Council's Public Hearing to be held on March 1, 2022 online via Zoom. The City will publish notice for this meeting pursuant to Government Code § 65090.

To participate in the Zoom video conference online meeting and obtain detailed information on how to provide public comment, please visit the City of Richmond, City Clerk’s Office website, Council Agenda Documents webpage at http://www.ci.richmond.ca.us/151/Council-Agenda-Documents and review the published agenda for the March 1, 2022, meeting. The agenda is scheduled to be published on Thursday, February 24, 2022.

8
68"-14.5'
6"-35'
8"-28'
12"-37'
6"-50'
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6"-40'
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6"-'
4"-146'
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6"-151'
8"-150.5'
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39"-227'
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6"-295.38'
6"-300'
8"-301'
12"-306'
8"-308.54'
6"-311'
10"-297'
6"-315'
12"-328'
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15"-454'
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36"-406'
12"-393'
6"-409'6"-422'
10"-422'
36"-418'
6"-434'
36"-441'
8"-456'
6"-476'
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12"-514'
6"-518'
21"-674'
CASTRO
ST

TEWKSBURY AVE

PACIFIC AVE
GOLDEN
GATE
AVE
I 580
S

GARRARD
BLVD

CONTRA COSTA ST

WASHINGTON
AVE
W

RICHMOND
AVE
DORNAN
DR

MARINE ST

GRANDVIEW CT

WESTERNDR
SANTA
FEAVE

CREST AVE

BELVEDEREAVE
HIGHST

TREMONTAVE

LOBOS CT

CYPRESSPOINTRD

MARTINAST

CLARENCE ST

SUMMIT PL

LOBOSAVE

COTTAGE AVE
SCENIC
AVE

BISHOP ALY

OCEAN AVE

CASEYDR

NICHOLL AVE

PIEDMONTPL

RAILROAD AVE

TUNNEL AVE
EDDYST

DELFINO AVE

PARK PL

TERRACE
AVE

VINE AVE
ALLEY

WATER ST

CHEVRON WAY

BISHOP AVE
F7SS1
Keller Beach
Pump Station
1 inch = 350 feet
0 350 700
Feet
Legend
Sewer Fitting
Lamphole, Active
Lamphole, Private
Lamphole, Buried
Other
Wye
Sewer Manhole
Active
Buried
Abandoned
Sewer Structure
PumpStation
Sewer Force Main
Force Main
Sewer Gravity Main
Active
Relief
Abandoned
PUBLIC
WORKS

DEPARTMENT

KELLER BEACH LINE
Parcel Lines
Moratorium Parcels by Use Code
Fourplex
Single family, 1 residence on 2 or more sites Single family on other than single family land Single family residential, detached, w/common area (normal Subdivision type PUD); duets w/common area Single family, 2 or more residential on 1 or more sites Attached PUD s, cluster homes, co-ops, condos, townhouses, etc. Duplex
Triplex
Single family, 1 residence on 1 Site and Duets w/o common areas Apartments, 5-12 units, inclusive Residential Vacant, 1 site (includes PUD sites) Residential Vacant, 2 or more sites Residential Vacant, unbuildable Industrial Vacant Land (not part of industrial park or P. and D.) No Data
Common area parcels in PUD s (open spaces, recreational facilities) Government-owned, with or without buildings (federal, state, city, BART) Miscellaneous improvements, 1 site January 2022

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$1 $1
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$1
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$1
$1
$1
$1
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$1
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$1
$1
$1
$1
$1
$1
8 6
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8"-337'
6"-363'
12"-356'
6"-346'
8"-345'
6"-400'
6"-356'
6"-375'
6"-380'
8"-369'
6"-370'
6"-371'
12"-393'
12"-393'
6"-409'
6"-422'
10"-422'
6"-434'
36"-441'
8"-456'
6"-476'
8"-250'
6"-518'

WESTERN DR TEWKSBURY AVE

PACIFIC AVE
GOLDEN
GATE
AVE

MARINE ST

CONTRA COSTA ST

WASHINGTON AVE

W RICHMOND AVE

CASTRO ST

GRANDVIEW CT

SANTA FE AVE
S

GARRARD
BLVD

CRESTAVE

BELVEDERE
AVE
HIGHST
I 580

LOBOS CT

CYPRESSPOINTRD

MARTINAST

CLARENCE ST
VACCA
ST

SUMMIT PL

LOBOSAVE COTTAGE AVE

SCENICAVE

BISHOP ALY

CLIFFSIDE CT

OCEAN AVE

CASEY DR

NICHOLL AVE

PIEDMONT
PL

DORNAN DR

RAILROAD AVE

TUNNEL AVE
W

ASHINGTONCT
EDDYST

DELFINO AVE

PARK PL

TERRACE
AVE

VINE AVE
ALLEY
WATER
ST

BISHOP AVE
F7SS1
Keller Beach
Pump Station
1 inch = 300 feet
0 300 600
Feet
I
Legend
Parcels
Sewer Fitting
$1 Lamphole, Active
$1 Lamphole, Private
$1 Lamphole, Buried
Other
Ð%î" Wye
Sewer Manhole
!!2 Active
!!2 Buried
Sewer Structure
[Ú PumpStation
Sewer Force Main
Force Main
Sewer Gravity Main
Active
Relief
Abandoned
PUBLIC
WORKS

DEPARTMENT

KELLER BEACH LINE
Parcles Leading to Keller Beach Line
Use Code
Occupied
No Data
Common area parcels in PUD s (open spaces, recreational facilities) Government-owned, with or without buildings (federal, state, city, BART) Industrial Vacant Land (not part of industrial park or P. and D.) Miscellaneous improvements, 1 site Multiple Vacant
Residential Vacant, 1 site (includes PUD sites) Residential Vacant, unbuildable October 2021

March 1, 2022

Economic Development

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

Shasa Curl, Interim City Manager
Lina Velasco, Director of Community Development
Samantha Carr, Environmental Manager

Subject:

Calling a Special Election and Placing a Special Tax on Vacant Properties on the June 7, 2022 Ballot
FINANCIAL IMPACT: There is a cost of under $100,000 to place this Measure on the June 7, 2022 ballot. If it passes successfully, it can generate an estimated $1.5 million in the first year in new revenue to the City. Funds provided by the tax may be used to recover the costs associated with preparation of the ordinance and related documents required to obtain voter approval. Revenues from the tax are anticipated to drop over time as vacant lots are developed, and vacant properties are put in-use. The
consultants estimate a potential 10 percent drop in the second fiscal year. And another 10 percent drop in the proceeding three (3) years combined. Forecasting beyond five (5) years, revenues may stabilize but a downward trend of between 1-3 percent per year may be expected.

PREVIOUS
COUNCIL ACTION:

November 16, 2021, June 22, 2021, and February 22, 2022

STATEMENT OF
THE ISSUE:

City staff is seeking council approval to call a special election to be consolidated with the June 7, 2022 statewide primary election and submit a ballot measure to the voters in the City of Richmond to adopt an ordinance authorizing a Special Parcel Tax on Vacant Properties. The ballot measure must be
approved by a two-thirds majority vote of the qualified electors casting votes.

AGENDA
REPORT

March 1, 2022

RECOMMENDED
ACTION:

The ACTION is to adjourn the meeting to March 8, 2022, to permit ordinance revisions to be presented to the City Council.

ADOPT a resolution calling a special election to be consolidated with the next statewide primary election to be held June 7, 2022, and submitting to the voters a measure to establish a Special Parcel Tax on Vacant Properties at rates between $3,000 and $8,000 tiered by parcel size, annually per vacant undeveloped parcel; between $3,000 and $8,000 tiered by parcel size, annually per vacant blighted developed parcel; $3,000 annually per vacant blighted residential unit for condominiums, duplexes, or townhouse units under separate ownership; and $3,000 annually per blighted parcel with ground floor commercial activity allowed but vacant, raising about $1,500,000 annually to fund blight and dumping elimination, code compliance, and specified programs. - City Manager’s Office, Economic Development (Shasa Curl/Lina Velasco, 510- 620-6512).

DISCUSSION:

Background

The City of Richmond (“City”) is considering placing a potential Vacant Property Tax (“VPT”) measure before Richmond voters in order to address blight and code compliance, encourage the development of unused and vacant properties, and generate revenue. Accordingly, the City engaged SCI Consulting Group (“SCI”) to assist with “Phase I” feasibility analysis and recommendations, and “Phase II” implementation planning, stakeholder engagement, opinion survey, and potential tax ordinance development, and “Phase III” election services.

Vacant Property Tax (“VPT”)

A VPT is a tax placed upon unused and under-utilized properties. The tax is collected annually on property tax bills based upon the City-determined vacancy status of the property. The general annual collection process involves:
 Identifying potentially taxable parcels,
 Communicating with the owners of those parcels, and
 Providing specific opportunities for these owners to petition the vacancy determination and/or apply for an exemption.

Currently, VPTs are not common but have recently been successfully implemented in Vancouver, British Columbia and Oakland, California. A growing number of California cities are considering VPT measures.

During the Phase II scope of work, SCI, the City Manager’s Office, and Community Development hosted three community workshops and mailed approximately 7,000

March 1, 2022
surveys to registered voters to receive input and facilitate the development of a community and stakeholder informed ballot measure. The survey findings were presented to the City Council on February 22, 2022. The survey findings support the fact that blight, illegal dumping, code compliance, and the impact of vacant properties are highly prioritized by the community, and that projects and services to address these issues are currently desired by the community. The survey responses suggest there is support for the proposed VPT.

A VPT is considered a parcel tax. Therefore, a VPT enacted as either a special tax or a general fund tax requires 66.7 percent voter support. The total voter support for the special tax based on the survey results exceeds the 66.7 percent threshold, with 70.15 percent in favor of a Vacant Property Tax on vacant parcels used less than 30 days per year.

Proposed Special Parcel Tax on Vacant Properties

Below is a summary of the various components of the proposed VPT as specified in Attachment 3:

1. Categories of Parcels Subject to VPT

The following use categories of parcels are proposed to be subject to the VPT:
 Vacant parcels (undeveloped, raw ground)
 Not-in-use developed parcels:
 Single-family detached homes and multi-family
 Nonresidential parcels (commercial, industrial)
 Not-in-use condominium, duplex, and townhome units
 Not-in-use ground floor commercial spaces

The proposed tax ordinance establishes expanded definitions for the use and vacancy status of each parcel of real property in the City. Developed blighted properties not in compliance with the Richmond Municipal Code will be subject to the tax.

2. Determination of Vacancy Method

The proposed ordinance defines a developed property as vacant and subject to the tax if it is “in use less than thirty (30) days during a calendar year”. For reference, the City of Oakland’s VPT defines a developed property as vacant and subject to the tax if it is “in use less than fifty (50) days during a calendar year”. Broader definitions of vacancy, which result in more parcels subject to the tax, will generate more revenue but may sacrifice political and community acceptance.

3. In-Use Determinations

Improved and unimproved parcels are considered in-use only if the activity occurring on the parcel is legal as the City’s Zoning Ordinance defines those terms. The application of the City’s Zoning Ordinance as a standard is intended to avoid subjective

March 1, 2022
determinations about what activities should and should not be taxed. The proposed ordinance includes an expanded definition of “in-use” to capture the City’s Zoning Ordinance, to include the following:

A. Physical occupancy of a residential parcel, or condominium unit by a lawful inhabitant.

B. Carrying on of any institutional, commercial, industrial, or agricultural activity, as those terms are defined by the Zoning and Subdivision Code, and including any religious or community gatherings, on or in a nonresidential parcel, undeveloped parcel, or ground floor commercial space, except that:

1. Any nonresidential parcel, undeveloped parcel, or ground floor commercial space used for warehousing, storage, or distribution activities, as those terms are used in RMC section 15.04.204. will not be considered in use unless at least thirty (30) percent of the parcel or unit's floorspace available for warehousing, storage, or distribution is occupied;

2. Ground floor commercial space will not be considered in use unless either leased out to a bona fide tenant intending to use the space for a legal activity, or actually occupied, by an owner or some other party, for some substantially similar purpose.

C. Maintenance of an undeveloped parcel that is contiguous to an occupied residential parcel owned by the same owner.

Further Explanation: Maintained, undeveloped parcels contiguous to an owner- occupied residential parcel being used by owner (e.g., side yard parcels) are common within the City.

D. Ingress and egress upon a paved surface of persons or vehicles across substantially all of the parcel.

Further Explanation: As confirmed by public comment, in some parts of the City, several neighbors share a driveway that provides access to all of the neighbors' parcels. The driveway itself often is a separate parcel, with its own APN, and is owned by one of the neighbors who grants an easement to the other neighbors.

E. Other functions or operations as the City Manager may deem appropriate.

Further Explanation: The proposed ordinance includes a petition process to allow property owners to contest the determination of vacancy.

4. Timing

The proposed ordinance applies the VPT retroactively so that the calendar year in which a parcel is determined to be subject to tax precedes the imposition of the tax on the secured property tax bill. For example, if the parcel is determined in 2023 to be subject to the VPT, the property would see the tax on the fiscal year 2024-2025 secured

March 1, 2022
property tax bill. A retroactive tax is necessary to facilitate the administrative work of identifying vacant properties due to the work of identifying those parcels requiring a data-driven review of indicators that are reflected in property and other records which only become available following the calendar year. Notably, a retroactive tax will also facilitate the administrative work of processing property owner exemption applications while enhancing the usefulness of those exemptions.

In addition, if placed on the June 2022 ballot, implementation of the VPT would not start until Fiscal Year 2024-2025 allowing time for both property owners to act and the City to complete necessary actions for implementation.

5. Identification of Potentially Taxable Parcels

As part of the implementation of the VPT, the City or possibly a consultant would perform parcel analysis to identify the subset of parcels likely subject to the tax. This analysis may include vacancy indicators such as parcel use data from the County Assessor’s Office (e.g., vacant), inconsistent property and mailing addresses, City permit records, City code enforcement records, and low or no utility use. Therefore, there may be data-related limitations on the identification process when defining the type of parcel uses to be taxed and the definition of vacancy.

6. Recommended Exemptions

The proposed ordinance includes the following exemptions below. The proposed ordinance provides clearly defined exemptions and criteria in order to avoid the need for subjective determinations about what qualifies for an exemption from the tax:
 Very low-income owners (In 2021, this figure is 1 person $35,962; 3 persons $46,237)
 Low-income local senior owners (In 2021, this figure is 1 person $76,750; 3 persons $98,650)
 Active development or active construction
o Owners who have submitted substantially complete and actively pursued application for development project
o Owners with active entitlement approvals
o Active construction
o Owners who have submitted a substantially complete application and actively pursued Building Permit Application
 Owners for whom paying the tax would constitute a financial hardship  Owners who are unable to develop their parcel due to a demonstrable hardship that is not financial
 Exceptional physical circumstances
o Not able to be developed due to physical circumstances such as geologic or soil conditions.

Approval of exemptions are dependent on the property’s compliance with the Richmond Municipal Code. Therefore, the proposed ordinance stipulates that properties considered blighted or a nuisance do not qualify for exemption from the tax.

March 1, 2022

7. Development Assistance Program

The community expressed a desire for the City to provide assistance for the development of vacant parcels. The proposed ordinance includes an development assistance program for qualified properties, from which funds may be disbursed for City building permit, City impact fees and an expedited permitting process based on funding available generated from VPT funding. The proposed ordinance allows for the potential to give priority to non-profit organizations.

8. Tax Relief or Mitigation

If a non-profit purchases the property and has submitted a substantially complete planning application that is being actively pursued, the Vacant Property Taxes imposed by the City from the past three (3) years will be reimbursed.

9. Tiered Tax Rates by Parcel Size

The proposed ordinance includes tax rates tiered by parcel size and use categories in order to balance optimal revenue generation with political viability and fairness, as shown in Table A. The proposed tiered tax rate by parcel type and size is $3,000 - $8,000, with the annual CPI tied to index, not to exceed 3 percent.

TABLE A: Proposed Tiered Tax Rate by Parcel Size

As shown below in Table B, the City has approximately a total of 32,891 legally defined parcels. Of those parcels, approximately 954 are vacant “undeveloped, raw ground” parcels as determined by the County Assessor’s office. Note that only a portion of these vacant parcels would be subject to the VPT because many are contiguous to a residential parcel of the same owner and are being used as a driveway or side yard or subject to another exemption. For revenue modelling purposes, SCI adjusted the number of taxable vacant lots from 954 down to a range of 192 – 283, based upon a cursory review of the data and their experience with implementing Oakland’s VPT.

TABLE B: Citywide Property Statistics – All Parcels
Parcel Type
Number of
Parcels % of Total
Residential 28,618 87
Non-residential 2,609 8

March 1, 2022
"Vacant" - as defined by County Assessor 954 3
Government-owned 710 2
Total Number of Parcels in Richmond 32,891 100

Undeveloped vacant lots are distributed by parcel size throughout the City in the percentages shown below in Table C:

TABLE C: Percentage of Lots by Parcel Size
Parcel Size Percentage
Smaller than 5,000 sq.ft. 47
5,000 sq.ft. – 1 acre 36
Larger than 1 acre 17

A range of revenue projections are shown below, applying the proposed tax rates of $3,000 - $8,000, tiered by acreage and use category, and modeled by the estimated number and acreage of parcels taxed. Potential first-year revenue generation ranges from $3,000 to $8,000 per year per parcel and the corresponding total revenue estimates, ranging from $1,189,000 to $1,745,000. The estimate is based on current City property statistics including the share of undeveloped parcels distributed within the acreage-tiered tax rates, expected vacancy rates for undeveloped and improved parcels, and expected approved property owner exemption applications, developed from SCI’s experience administering the City of Oakland’s VPT.

TABLE D: Potential First-Year Revenue Scenarios
Vacant Parcel Uses
Subject to VPT
Approximate
Number of
Units
Low End

Middle

High End

Vacant Parcels
(undeveloped, raw
ground) 192 - 283 $879,000 $1,084,000 $1,290,000
Single Family / Multi-
family - Not in use 55 - 80 $249,000 $307,000 $366,000 Condos - Not in use 20 - 30 $61,000 $75,000 $89,000
Non-Residential - Not in
use TBD TBD TBD TBD
Residential Ground Floor
Retail -- Not in use TBD TBD TBD TBD
Estimated Revenue Generated $1,189,000 $ 1,466,000 $ 1,745,000

10. Inclusion of Sunset

The proposed ordinance does not include a sunset.

March 1, 2022

11. Special Tax

A VPT is considered a parcel tax and therefore a VPT enacted as either a special tax or a general fund tax requires 66.7 percent voter support. However, the specific purposes to be funded by the special tax, must be identified in the balloting material provided to voters at the time of the special tax election.

The proposed ordinance imposes the VPT as a special tax. The imposition of the VPT as a special tax includes natural enhancement to the VPT’s messaging by emphasizing the nexus between the funding purposes of the tax and the underlying issues surrounding vacant properties such as blight, illegal dumping, and code compliance, etc. A VPT enacted as a special tax creates a stronger link between the VPT’s purpose of encouraging the optimal use and development of vacant properties, and the societal effects of vacant properties within the community, while providing the resources to better address the challenges associated with blight and illegal dumping.

12. June 2022 Ballot

The potential Richmond VPT ballot measure is proposed as part of a special election to be consolidated with June 7, 2022 statewide primary election.

13. Ballot Question

City Staff, in coordination with SCI has prepared the proposed ordinance to submit to the voters at the June 7, 2022 statewide primary election for approval. This resolution and the attached ordinance submits the following measure to the voters:

"Shall the Measure, to fund resources to address blight and illegal dumping, code enforcement services, and discourage vacant properties, by enacting a Vacant Property Tax on undeveloped parcels and blighted developed parcels used less than 30 days per year, at annual rates between $3,000 and $8,000 per parcel; raising about $1,500,000 annually; with exemptions contingent upon code compliance for very low income, low- income local seniors and hardship, be adopted?"

NEXT STEPS

If City Council adopts the Resolution calling a special election and submitting to the Voters a Measure to Adopt a Special Parcel Tax on Vacant Properties, the City Clerk will be directed to cause the proposed measure to be printed and to mail a copy of the measure to all registered voters in the City of Richmond. Funds would also need to be appropriated into the FY2021-2022 budget to cover the additional expenditure for consolidation with the statewide primary election.

ATTACHMENTS:

Attachment 1 – Resolution Calling a Special Election and Submitting to the Voters a Measure to Adopt a Special Parcel Tax on Vacant Properties Attachment 2 – Notice of Election and Measure to be Voted on

Reso. No. ____ Page 1 of 6

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE

VOTERS A MEASURE TO ADOPT A SPECIAL PARCEL TAX ON VACANT

PROPERTIES TO FUND SOLUTIONS FOR BLIGHT, ILLEGAL DUMPING

REMEDIATION, AND SPECIFIED PROGRAMS

WHEREAS, the City Council (the "Council") of the City of Richmond (the "City"), within the County of Contra Costa, California (the "County"), has determined to call a special election and submit to voters at the June 7, 2022 statewide primary election, a ballot measure before the voters to adopt a special parcel tax on vacant properties to fund solutions for blight , illegal dumping remediation , and sp ecified programs ("Special Parcel Tax on Vacant Properties"); and

WHEREAS, the proposed ordinance establishes a special tax imposed on vacant parcels of real property located within the City at rates between $3,000 and $8,000 tiered by parcel size, annually per vacant undeveloped parcel; between $3,000 and $8,000 tiered by parcel size, annually per vacant blighted developed parcel; $3,000 annually per vacant blighted residential unit for condominiums, duplexes, or townhouse units under separate owner ship; and $3,000 annually per blighted parcel with ground floor commercial activity allowed but vacant; and

WHEREAS, in order for the Special Parcel Tax on Vacant Properties to become effective, it must be approved by the electorate; and

WHEREAS, in accordance with the provisions of Section 10002 and 10403 of the Elections Code of the State of California, the Contra Costa County Clerk Recorder-Elections Division will be requested to consolidate the City of Richmond special municipal election with the statewide primary election to be held June 7, 2022; and

WHEREAS, the Council desires to submit the Special Parcel Tax on Vacant Properties to the qualified electors of the City at said election; and

WHEREAS, the special tax imposed by the proposed ordinance is authorized by Article XIIIA of the California Constitution and section 50075 of the California Government Code.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Richmond, as follows:

Section 1. The foregoing recitals are true , and this Council so finds and determines.

Section 2. A special municipal election has been called for the City of

Reso. No. ____ Page 2 of 6

Richmond to be held in the City on Tuesday, June 7, 2022 and consolidated with the statewide primary election to be held on Tuesday, June 7, 2022 . The City Council hereby submits the following measure to the voters at said election:

"Shall the Measure, to fund resources to address blight and illegal dumping, code enforcement services, and discourage vacant properties, by enacting a Vacant Property Tax on undeveloped parcels and blighted developed parcels used less than 30 days per year, at annual rates between $3,000 and $8,000 per parcel; raising about $1,500 ,000 annually; with exemptions contingent upon code compliance for very low income, low income local seniors and hardship, be adopted?"

Section 3 . The City Clerk is ordered and directed to cause said proposed measure to be printed and to mail a copy of said measure to all registered voters in the City of Richmond with sample ballots in substantially the form set forth in Exhibit A, attached hereto.

Section 4. The City Clerk is ordered to have the full text of the measure available for review in the Office of the City Clerk and at the City of Richmond's website.

Section 5. The City Clerk of the City of Richmond is hereby authorized to sign a Notice of Election and Measure to be Voted On in a form substantially similar to that attached hereto as Exhibit B . The Clerk of the City is hereby authorized and directed to publish said Notice of Election and Measure to be Voted On at least one time not later than a week before the election in the EAST BAY TIMES, a newspaper of general circulation circulated within the City of Richmond, in accordance with the provisions of Section 12111 of the Elections Code of the State of California.

Section 6. The Clerk of the City is hereby authorized and directed to cause to be delivered, no later than March 11, 2022 (which date is not fewer than 88 days prior to the date set for the statewide election), one copy of this Resolution to the Registrar of Voters of the County.

Section 7. The City Council hereby directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure , and transmit such impartial analysis to the City Clerk within 10 days of the adoption of this resolution.

Section 8. The Finance Director of the City is hereby authorized and directed to prepare and file with the Registrar of Voters an impartial analysis of the measure contained in Section 2 hereof covering its financial impact upon the City government in accordance with Section 2.16.070 of the Municipal Code of the City, within the time established by the Registrar of Voters.

Section 9. Pursuant to Section 9282 of the Elections Code of the State of

Reso. No. ____ Page 3 of 6

California, the legislative body of the Ci ty of Richmond, or any member or members of the legislative body authorized by the body, or any individual voter who is eligible to vote on the measure or bona fide association of citizens, or any combination of voters and associations, may file a written argument, not to exceed 300 words in length, accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, for or against the City measure.

Section 10. This tax is a special tax requiring the approval by a two-thirds majority vote of qualified electors casting votes.

Section 11. Pursuant to California Elections Code section 9285, subdivision (b), the City Council hereby adopts the provisions of California Elections Code section 9285, subdivision (a), relating to rebuttal arguments for the measure identified in section 2 above only for the June 7, 2022 election and thereafter this section 12 shall expire.

Section 12. This resolution shall take effect immediately upon its adoption.

**********************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held March 1, 2022, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
____________________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)

Approved:

Mayor

Approved as to form:

_______________________
City Attorney

Reso. No. ____ Page 4 of 6

EXHIBIT A

INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE
VOTERS

Provided under separate cover

Reso. No. ____ Page 5 of 6

Exhibit B
Notice of Election and Measure to Be Voted On

Provided under separate cover

Exhibit B
Notice of Election and Measure to Be Voted On

CITY OF RICHMOND

NOTICE OF GENERAL MUNICIPAL ELECTION AND

MEASURE TO BE VOTED ON

NOTICE IS HEREBY GIVEN that a Statewide Primary Municipal Election will be held in the City of Richmond on Tuesday, June 7, 2022, at which there will be submitted to the voters the following measure:

"Shall the Measure, to fund resources to address blight and illegal dumping, code enforcement services, and discourage vacant properties, by enacting a Vacant Property Tax on undeveloped parcels and blighted developed parcels used less than 30 days per year, at annual rates between $3,000 and $8,000 per parcel; raising about $1,500,000 annually; with exemptions contingent upon code compliance for very low income, low income local seniors and hardship, be adopted?”

Said Election has been consolidated with the Statewide Primary Election to be held in the City of Richmond on June 7, 2022. The election precincts within the City of Richmond for said Election shall be the regular election precincts established for said Statewide Primary Election, and the polling places and officers of election within the City of Richmond for said Election shall be the same as those selected and designated or to be selected and designated for said Statewide Primary Election.

NOTICE IS FURTHER GIVEN pursuant to Article 4, Section 9282 of the Elections Code of the State of California, the legislative body of the City of Richmond, or any member or members of the legislative body authorized by the body, or any individual voter who is eligible to vote on the measure or bona fide association of citizens, or any combination of voters and associations, may file a written argument, not to exceed 300 words in length, accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, for or against the City measures.

NOTICE IS FURTHER GIVEN that, based upon the time reasonably necessary to prepare and print the arguments and sample ballots for the election, the City Clerk has fixed March 23, 2022, during normal office hours, 8:30 a.m. to 5:00 p.m., as the date after which no arguments for or against the City measures may be submitted to the Clerk for printing and distribution to the voters as provided in Article 4. Arguments shall be submitted to the City Clerk, accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument, at the Richmond City Hall, 450 Civic Center Plaza, Suite 300, Richmond, California. No more than five signatures may appear on the argument.