AMENDED AGENDA
(UPDATED DOCUMENTS - ITEM P.1)
MEETING
REGULAR RICHMOND CITY COUNCIL
(Meeting is virtual)
Tuesday, March 1, 2022, 5:00 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
Members:
Thomas K. Butt, Mayor
Demnlus Johnson III, Councilmember at Large
NathanielBates, Councilmember at Large
Claudia Jimenez, Councilmember District 6
Eduardo Martinez, Vice Mayor at Large
Melvin Willis, Councilmember District 1
Gayle McLaughlin, Councilmember District 5
Link to City Council Agendas/Packets
http://www.ci.richmond.ca.us/4157/City-ofRichmond-Council-Meetings Register to receive notification of new agendas, etc.
http://www.ci.richmond.ca.us/list.aspx
CORONAVIRUS DISEASE (COVID-19) ADVISORY
PURSUANT to the Governor of the State of California’s Assembly Bill 361 and in the interest of the public health and safety, attendance at the City of Richmond City Council meeting will be limited to Council members, essential City of Richmond staff, and members of the news media.
Public comment will be confined to items appearing on the agenda and will be limited to the methods provided below.
How to watch the meeting from home:
KCRT – Comcast Channel 28 or AT&T Uverse Channel 991.
Livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live2.
Public comment may be submitted by mail, eComment, email and/or Zoom video conference in the manner that follows, provided that no member of the public may submit more than one verbal comment per agenda item.
Via mail: received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.
Via eComments: eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. eComments can be viewed by the City Council and members of the public as they are submitted. Email your comment to [email protected] should you have difficulty submitting an eComment during a meeting.
Via email: to [email protected] by 1:00 p.m. the day of the meeting.
Emails MUST contain in the subject line 1) public comments – Open Session prior to Closed Session; 2) public comments – Open Forum; or 3) public comments agenda item #__ [include the agenda item number]. All such email with correctly labeled subject lines will be posted on-line and emailed to the City Council before the meeting is called to order. Email received after 1:00 p.m. will be posted on-line following the meeting as part of the supplemental materials attached to the meeting minutes.
Via Zoom by video conference: for Open Session and City Council: Please click the link below to join the webinar:
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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.
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.
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
Title: City Attorney•
Title: Community Police Review Commission Investigative Officer
•
C.2. PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957.6)
Title: City Manager•
D. PUBLIC COMMENT BEFORE CLOSED SESSION
E. ADJOURN TO CLOSED SESSION
________________________________________________________
F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.
G. ROLL CALL
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
I. STATEMENT OF CONFLICT OF INTEREST
J. AGENDA REVIEW
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
M. ABATEMENT REPORT FROM THE PUBLIC WORKS DIRECTOR - 1st Tuesday (public comment allowed under Open Forum)
N. OPEN FORUM FOR PUBLIC COMMENT
O. CITY COUNCIL CONSENT CALENDAR
O.1. City Clerk's Office
O.1.a. Revisions to the Boards, Commissions and Committees Handbook
13 APPROVE amendments to the Boards, Commissions and
Committees Handbook – City Clerk’s Office (Pamela Christian 510-620-6513).
O.1.b. City Council Minutes 83
APPROVE the minutes of the January 11 and 18, 2022, regular City Council meetings - City Clerk's Office (Pamela Christian 510-620-6513).
O.2. Community Development
O.2.a. Cannabis Equity Program Implementation and SCI Consulting Group Contract Amendment
94 ADOPT a resolution to accept grant funding from the California Governor's Office of Business and Economic Development; AUTHORIZE the city manager or their designee to execute the necessary agreements with the California Governor's Office of Business and Economic Development to accept $1,319,360 in grants funds; APPROPRIATE the grant funds in the Fiscal Years 2021-2022 through 2023-2024 budgets; and APPROVE
the fourth amendment to the contract with SCI Consulting Group to increase the contract amount by $24,000, for a total not to exceed amount of $124,400, to be paid from the GO-Biz grant and amend the contract term to December 1, 2017,
through December 31, 2024 - City Manager's Office (Shasa Curl/Lina Velasco/Thomas Omolo 510-620-6512).
O.3. Finance Department
O.3.a. Investment and Cash Balance Report for the Month of January 2022
346
RECEIVE the City’s Investment and Cash Balance Report for the month of January 2022 - Finance Department (Belinda Brown 510-620-6740).
O.3.b. Approval of New Fees for the Revised Master Fee Schedule 358 ADOPT an ordinance (second reading) establishing certain fees for the proposed Master Fee Schedule and after the second reading of the ordinance, ADOPT a resolution setting the dollar amount for the new fees and adjusting the dollar amount for current fees - Finance Department (Belinda Brown 510-620- 6740/Antonio Banuelos 510-620- 6741).
O.3.c. Approval of Liens and Special Assessments for Unpaid Garbage Collection Service Fees for Republic Services
476
ADOPT a resolution authorizing placement of liens and special assessments for unpaid garbage collection service fees on County property tax records - Finance Department (Belinda Brown 510-620-6740/Antonio Banuelos 510-620-6741).
O.3.d. Contract with Regional Government Services (RGS) to Provide Temporary Services to the City on an As-Needed Basis
571
APPROVAL of an increase in the contract with Regional
Government Services (RGS) from the current $250,000 by
$150,000, for a new total amount of $400,000, for the provision of expertise in a variety of functional areas such as Human Resources, Financial Management, and Accounting – Human Resources Department (Anil Comelo 510-620-6609).
O.4. Library and Community Services
O.4.a. Amend Contract with Oakland Private Industry Council for RichmondWORKS Program Vendor Pay Agent Services
600
APPROVE an amendment to the contract with the Oakland
Private Industry Council to provide additional services as the Contracting & Vendor Pay Agent for Individual Training
Accounts and On-the-Job Training activities for the Workforce Innovation and Opportunity Act (WIOA) program participants.
The amended contract term shall run from December 3, 2019, through June 30, 2022. The contract amount will be increased by $236,611.60, for a total contract amount not to exceed $714,459.60 – Library and Community Services Department (Tamara Walker 510-307-8006).
O.5. Mayor's Office
O.5.a. Rare Disease Day – February 28, 2022 654
PROCLAMATION declaring February 28, 2022, as Rare
Disease Day in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620-6503).
O.5.b. Women’s History Month – March 2022 657
PROCLAMATION declaring March 2022 as Women’s History
Month in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620-6503).
O.5.c. Prescription Drug Abuse Awareness Month 660
PROCLAMATION declaring March 2022 as Prescription Drug
Abuse Awareness Month in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620-6503).
O.5.d. Tibetan Uprising Day – March 10, 2022 663
PROCLAMATION declaring March 10, 2022, as Tibetan
Uprising Day in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620-6503).
O.5.e. California State Parent Teacher Association (PTA) Day – February 17, 2022
666
PROCLAMATION declaring February 17, 2022, as California State Parent Teacher Association (PTA) Day in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620-6503).
O.5.f. Red Cross Month – March 2022 669
PROCLAMATION declaring March 2022 as Red Cross Month in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510- 620-6503).
O.5.g. Vacant Seats on Richmond Boards, Commissions and Committees
672
APPROVE recent resignations from City of Richmond boards, commissions, and committees; and ANNOUNCE vacancies as
of January 19, 2022, and ask that interested individuals send applications to the City Clerk – Mayor's Office (Mayor Tom Butt 510-620-6503).This item was continued from the February 22, 2022, meeting.
O.6. Police Department
O.6.a. Proposed 5-Year Agreement with Contra Costa District Attorney’s Office for Electronic Case Filings.
675
APPROVE a five-year agreement with Contra Costa District Attorney’s office for electronic case filing services using Karpel’s Interface, in an amount not to exceed $25,000, for the period May 1, 2022, through April 30, 2027 - Police Department (Acting Chief Louie Tirona 510-621-1802).
O.7. Public Works
O.7.a. Contract to Outfit Fire Department Vehicles 692
APPROVE a contract with Stommel, Inc., to outfit three Fire Department vehicles, in an amount not to exceed $65,000 – Department of Public Works (Joe Leach 620-5478).
O.7.b. Contract for Repairs to Bucket Truck 749
APPROVE a contract with Altec Industries, Inc., for repairs to an electrician bucket truck (Unit #299; VIN 1FDAF56R99EA87947), in an amount not to exceed $20,000 – Department of Public Works (Joe Leach 620-5478).
O.7.c. Booker T. Anderson Community Center Fire Restoration Project 784 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 – Department of Public Works (Joe Leach 510-620-5478). This item was continued from the February 15, 2022, meeting.
P. BUDGET SESSION
P.1. Mid-Year Report on Fiscal Year (FY) 2021-22 Operating and Capital Improvement Budgets
815
REVIEW the Fiscal Year 2021-2022 operating and capital improvement budgets at mid-year; and ADOPT a resolution approving the proposed Fiscal Year 2021-2022 budget adjustments. – City Manager’s Office/Finance Department (Shasa Curl/Anil Comelo/Belinda Brown 510- 620-6740).
P.2. Mid-Year Report on Fiscal Year (FY) 2021-22 Operating and Capital Improvement Budgets
919
Q. PUBLIC HEARINGS
Q.1. Rename Baseball Diamond #2 at Nicholl Park in Honor of National Hero Willie Mays
1023
PUBLIC HEARING to receive public comment on a proposal to rename Baseball Diamond Field #2 at Nicholl Park to Willie Mays Baseball Field; and ADOPT a resolution - Councilmember Nathaniel Bates (510-620- 6743).
Q.2. Public Hearing to Adopt a Resolution to Rename South 37th Street Underpass to Juneteenth Freedom Underpass
1028
PUBLIC HEARING to ADOPT a resolution to rename the South 37th Street Underpass to Juneteenth Freedom Underpass, as recommended by the Recreation and Parks Commission at its December 1, 2021, regular meeting – Library and Community Services Department (Ranjana Maharaj 510-620-6972).
Q.3. Appeal of the Planning Commission’s Conditional Approval of a Conditional Use Permit and Design Review for a Dollar Tree Store at 12300 San Pablo Avenue (PLN21-129)
1070
ADOPT a resolution Denying the Appeal and Affirming the Planning Commission’s conditional approval of a Conditional Use Permit and Design Review to operate and establish a Dollar Tree retail store greater than 3,000 square feet in size (10,000 sf proposed) within the CM-4, Commercial Mixed-Use, Gateway/Node zoning district at 12300 San Pablo Avenue – Community Development Department (Lina Velasco 510-620-6706).
Q.4. Adopt an Interim Ordinance Extending Urgency Ordinance No. 01-22 1138 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).
R. NEW BUSINESS
R.1. Calling a Special Election and Placing a Special Tax on Vacant Properties on the June 7, 2022 Ballot
1156
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).
S. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
T. ADJOURNMENT
March 1, 2022
City Clerk's Office
DATE: March 1, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Pamela Christian, City Clerk
Subject:
Revisions to the Boards, Commissions and Committees
Handbook
FINANCIAL IMPACT: There is no financial impact with this item
PREVIOUS COUNCIL
ACTION:
4/27/2021
STATEMENT OF THE
ISSUE:
The Boards, Commissions, and Committees Handbook
require City Council final approval of the proposed
updates.
RECOMMENDED ACTION:
APPROVE amendments to the Boards, Commissions
and Committees Handbook – City Clerk’s Office (Pamela
Christian 510-620-6513).
AGENDA
REPORT
March 1, 2022
DISCUSSION:
On April 27, 2021, the City Council adopted Resolution No. 45-21 to formally approve its Boards, Commissions and Committees Handbook with the understanding that the contents of the handbook would be subject to change when necessary. The below suggested procedure changes are necessary for clarification.
Suggested changes in red
BOARD, COMMISSION AND COMMITTEE FUNCTIONS – Page 5
The activities of boards, commissions, and committees are varied but generally fall into four categories (Appendix A). Any particular board, commission, or committee may belong to one or more of the types listed below and all boards, commissions, and committees belong to the third type, advisory to the council. If a conflict arises between any provision in the Boards, Commissions and Committees Handbook and a board, commission, and/or committee adopted ordinance, the provision in the respective ordinance prevails and overrules any other provision.
MEMBERSHIP
Excused Absences (page 12)
Board members, commissioners, and committee members may make a written request to the chair and staff liaison in advance of a meeting to excuse an absence due to scheduling conflicts and religious or cultural holiday. Requests for all other excused absences may be considered on a case-by-case basis by the staff liaison chair, with consultation from the city clerk (or his/her representative), as necessary.
DOCUMENTS ATTACHED:
Attachment 1 – Boards, Commission and Committee Handbook – red lined Attachment 2 – Boards, Commission and Committee Handbook – clean version
City of Richmond
Boards, Commissions and
Committees Handbook
(City Council Resolution No. 45-21)
THE CONTENTS OF THIS HANDBOOK ARE SUBJECT TO CHANGE
Revised 3-1-22
MESSAGE FROM THE CITY CLERK:
Congratulations on your recent appointment to a City of Richmond board, commission or committee!
This handbook has been prepared to help orient you concerning the functions and duties of the board, commission or committee to which you have been appointed. The handbook is designed to contribute to your general knowledge and understanding of public affairs and to aid in identifying the scope and parameters of your role and responsibilities.
Members of boards, commissions or committees provide a positive service that is invaluable to the continued progress of our city. They may advise the City Council on a wide variety of issues by making recommendations on important policy matters. The detailed studies and considered advice of boards, commissions or committees are often catalysts for innovative programs and improved services.
Serving on a board, commission or committee can be a rewarding experience for community service-minded residents. It is an excellent way to participate in the functioning of local government and to make a personal contribution to the improvement of our community. If we are to have, “Government of the people, by the people, for the people", we must have the continued participation of the many dedicated board, commission and committee members. Making local government effective and responsive is everybody's responsibility.
We hope that you will enjoy your tenure as a vital part of the City’s team and sincerely thank you for your willingness to devote your time and energy to serve your community.
Pamela Christian
Clerk of the City of Richmond
450 Civic Center Plaza, Suite 300
Richmond, CA 94804
Phone: (510) 620-6513
Email: [email protected]
CITY OF RICHMOND
BOARDS, COMMISSIONS AND COMMITTEES HANDBOOK
Contents
MESSAGE FROM THE CITY CLERK: .......................................................................................................................... 2 BOARD, COMMISSION AND COMMITTEE FUNCTIONS ......................................................................................... 5 Quasi-Judicial ........................................................................................................................................................... 5 Advisory to the City Manager ................................................................................................................................... 5 Advisory to the Council ............................................................................................................................................. 5 Ad Hoc Committees .................................................................................................................................................. 5 Establishing Ad Hoc Committees ................................................................................................................................ 6 ROLES ......................................................................................................................................................................... 6 The Advisory Role .................................................................................................................................................... 6 BOARD, COMMISSION, OR COMMITTEE NORMS ................................................................................................. 7 RESPONSIBILITIES OF BOARD, COMMISSION, OR COMMITTEE MEMBERS .................................................... 7 RELATIONSHIPS ........................................................................................................................................................ 8 Working Relationships .............................................................................................................................................. 8 Basic Guidelines ....................................................................................................................................................... 8 Relationships with Other Board, Commission, or Committee Members ................................................................. 8 Relationships with City Council Members ................................................................................................................ 9 Relationships with Council and Staff Liaisons ......................................................................................................... 9 Relationships with the Public ................................................................................................................................... 9 MEMBERSHIP ........................................................................................................................................................... 11 Member Privacy ...................................................................................................................................................... 11 Application, Appointments, and Reappointments .................................................................................................. 11 Oath of Office.......................................................................................................................................................... 11 Fair Political Practice Commission (FPPC) Filing Requirement and Ethics Training ........................................... 11 Attendance .............................................................................................................................................................. 11 Excused Absences ................................................................................................................................................. 12 Automatic Resignation ........................................................................................................................................... 12 Resignation Procedure ........................................................................................................................................... 12 Leaving Office Statement (Form 700) .................................................................................................................... 12 Use of City Business Cards, Logo, and Insignia................................................................................................ 1413 CONFLICT OF INTEREST PROHIBITED ............................................................................................................. 1413 Influencing the Making of Contracts and Affecting Other Financial Interests ................................................... 1413 Disclosure Statements Required ........................................................................................................................ 1413 Incompatible Public Offices ................................................................................................................................ 1514 Incompatible Activities for Compensation .......................................................................................................... 1514 BOARD, COMMISSION, AND COMMITTEE ORGANIZATION ........................................................................... 1514 Officers Election and Term of Office .................................................................................................................. 1514 Duties of Officers ................................................................................................................................................ 1514 Transfer of Chair ................................................................................................................................................. 1615 Vacancies ........................................................................................................................................................... 1615 DEVELOPMENT OF A WORK PROGRAM .......................................................................................................... 1615 MEETING BASICS ................................................................................................................................................. 1615 Requirement to Meet in Public – Ralph M. “Brown Act” .................................................................................... 1615 Public Meetings and Public Hearings Notice Requirements ............................................................................. 1615 Public Access Requirement ............................................................................................................................... 1716 Communication and Public Participation Requirement ..................................................................................... 1716 Types of Meetings .............................................................................................................................................. 1716 Public Hearings ...................................................................................................................................................... 1716
Study Sessions and Workshops ............................................................................................................................ 1716 Preparation for Meetings .................................................................................................................................... 1716 Conduct of Hearing ............................................................................................................................................. 1817 Action ...................................................................................................................................................................... 1918 Recordings of Hearings.......................................................................................................................................... 1918 Hearing from the Public.......................................................................................................................................... 1918 Impartiality and Standards of "Fair Play" ............................................................................................................... 1918 No Quorum – Meeting Cancellation ................................................................................................................... 1918 MEETING PROCEDURES .................................................................................................................................... 2019 Establishment of Meeting Rules ......................................................................................................................... 2019 Chairperson ............................................................................................................................................................ 2019 Advisory Body Members ........................................................................................................................................ 2019 Addressing the Advisory Body from the Floor ....................................................................................................... 2019 Order and Decorum in Meetings ........................................................................................................................ 2120 Board, Commission, and Committee Conduct ...................................................................................................... 2120 Conduct of Public in Attendance ............................................................................................................................ 2120 Rules of Debate ...................................................................................................................................................... 2120 Interruptions ........................................................................................................................................................... 2120 Proceedings ........................................................................................................................................................... 2120 Managing Difficult Meetings ................................................................................................................................... 2322 CONCLUSION ....................................................................................................................................................... 2322 APPENDICES ........................................................................................................................................................ 2524 APPENDIX A: Purpose and Function of each City of Richmond Board, Commission and Committee .......... 2625 APPENDIX B: Boards, Commissions and Committees Contacts, Terms/Term Limits, Expiration Dates, Meeting Dates/Locations .................................................................................................................................................. 2726 APPENDIX C: Resolution No. 24-14 Continuation of Board, Commission and Committee Member Terms .. 2827 APPENDIX D: Code of Ethics ........................................................................................................................... 2928 APPENDIX E: Oath of Allegiance ..................................................................................................................... 3029 APPENDIX F: Rosenberg’s Rules of Order ...................................................................................................... 3130 APPENDIX G: Resolution No. 117-19 Amended Conflict of Interest Code ..................................................... 3231 APPENDIX H-1: Board or Commission Application ......................................................................................... 3332 APPENDIX H-2: Community Police Review Commission Application ............................................................. 3332 APPENDIX H-3: Personnel Board Application ................................................................................................. 3332 APPENDIX H-4: Rent Board Application .......................................................................................................... 3332 APPENDIX H-5: Youth Council Application ...................................................................................................... 3332 APPENDIX H-6: Workforce Development Board Application........................................................................... 3332
BOARD, COMMISSION AND COMMITTEE FUNCTIONS
The activities of boards, commissions and committees are varied but generally fall into four categories (Appendix A). Any particular board, commission or committee may belong to one or more of the types listed below and all boards, commissions and committees belong to the third type, advisory to the council. If a conflict arises between any provision in the Boards, Commission and Committees Handbook and a board, commission, and/or committee adopted ordinance, the provision in the respective ordinance prevails and overrules any other provision.:
Quasi-Judicial
Boards, commissions and committees with authority to make binding decisions that require or restrict the action of individuals are deemed quasi-judicial. For example, the Design Review Board functions as the decision-making body for the design of new development projects and most exterior changes to existing buildings. The Design Review Board also acts as an advisory body to the Planning Commission in cases also involving a land use decision. The Planning Commission acts as an advisory body to the City Council on all planning and development policy issues and is charged with the preparation, maintenance, and implementation of the city's General Plan. The Rent Board establishes base rents, makes adjustments to rents and conducts hearings. Actions of the Rent Board are not appealable to the City Council.
However, actions made by the Design Review Board and Planning Commission may be appealed to the City Council, if the appeal is filed with the city clerk within 10 business days of the board, commission, or committee’s action.
Advisory to the City Manager
The Personnel Board conducts hearings on employee grievances for employees in classified service, reviews all proposed changes, additions or eliminations in the personnel rules that may be presented to the City Council, and advises the city manager, on all policies regarding personnel administration.
Similarly, the Community Police Review Commission investigates complaints against police officers and advises the city manager and the chief of police of its findings.
Advisory to the Council
All boards, commissions, and committees advise the City Council concerning policies and programs.
For example, the Commission on Aging advises the City Council on the needs of senior citizens. The Historic Preservation Commission advises or provides recommendations to the City Council on preserving historic sites but also exercises some quasi-judicial powers where historic resources are involved.
Ad Hoc Committees
Ad hoc or "temporary" committees are treated differently under the Brown Act (see the Meeting Basics section for an explanation of the Brown Act). Ad hoc committees are not subject to the notice and posting requirements of the Brown Act so long as the committee:
1. Consists of less than the number of members which would constitute a quorum;
2. Has a defined purpose and a time frame to accomplish that purpose; and
3. Is advisory, i.e., the committee has not been delegated any decision making power and will be Formatted: Font: 11 pt
Formatted: Font: 11 pt
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returning to the full board with its recommendation. See, Joiner v. City of Sepastopol (1981) 125 Cal App. 3d 799. Ad hoc committee
Ad hoc committees are commonly used in city government. For example, the chair of a city board/ commission or the board/commission as a whole might choose to appoint three or fewer commissioners (depending upon the size and quorum of the board/commission) to evaluate and report on a particular issue or subject relevant to that board/commission. Once that ad hoc committee has completed its work, the ad hoc committee is then disbanded.
Establishing Ad Hoc Committees
Members of ad hoc committees designed to be advisory to the board/commission may be appointed by the chair, on behalf of the entire board/commission or by an action of the entire board/commission, depending upon the rules under which the board/commission operates. Although, as noted above, the ad hoc committee itself is not subject to the Brown Act, but if the board/commission desires to create an ad hoc committee, the action to create the ad hoc committee must be done at a publicly noticed meeting under the Brown Act and the item placed on an agenda for that purpose.
ROLES
The mayor’s role [per City of Richmond Charter, Article III-A, Sec. 2(c)] is as follows:
The mayor shall have the authority at any regularly scheduled meeting of the City Council to make appointments to or removals from all city boards, commissions, and committees with the concurrence of a least three (3) other members of the Council.
The City Council’s roles are as follows:
Make policy.
Direct city manager to carry out policy.
Solicit input from boards, commissions or committees on issues in its various functional areas unless there are legal or time constraints.
The Boards’, Commissions’, or Committees’ roles are as follows:
Advise the Council on policies that assist the Council in carrying out its responsibilities. Provide citizen input by being positive representatives of a board, commission, committee, and the community.
Committees may differ in their duties and responsibilities. Many are solely and entirely advisory to the elected body.
The City Council Liaison’s role (an appointed councilmember) is as follows:
Serve as a conduit between the board or commission and the City Council.
The Technical Staff’s role (a department head) is as follows:
Research and investigate issues, prepare alternatives and recommendati ons for review by the applicable board, commission, committee, and/or the Council, and implement the Council’s policy decisions.
The Staff Liaison’s roles are as follows:
Provide administrative support to the boards, commissions or committees under the guidance of the department head (and ultimately, the city manager), including preparing agendas and meeting minutes and ensuring both are posted on the City’s website in a timely manner.
The Advisory Role
Ad hoc committees are formed for a specific purpose and dissolve after completing their mission.
However, standing boards, commissions, and committees are an integral part of the governmental structure.
If the organization is to function effectively, there must be clarity, understanding, and acceptance of the roles assigned to the elected body, boards, commissions, committees, and staff. If advisory board members stray from their original charge and get into areas that rightfully belong to the staff or elected officials, confusion, inaction or destructive conflict can result.
BOARD, COMMISSION, OR COMMITTEE NORMS
As with all working teams, there are written and unwritten rules (norms) that boards, commissions or committees follow. These norms have been established over time and have an original basis that continues to be valid for boards, commissions or committees today.
Some examples are as follows:
Do your homework.
Explain actions in concise thoughts.
Compliment colleagues and staff whenever an opportunity arises. Where applicable, try to involve residents in a solution. Work for consensus on important issues.
Always be on time for meetings.
Be attentive.
Do not criticize staff or others in public.
Only speak on issues if we have something to add.
Our actions, including voting practices, are governed by ethical and moral principles and beliefs.
RESPONSIBILITIES OF BOARD, COMMISSION, OR COMMITTEE MEMBERS While specific duties of each board, commission, or committee member vary widely with the purpose for which they are formed, there are certain responsibilities that are common to all members. The following is a summary of those responsibilities:
1. Understand your role and scope of responsibility and be informed of the objectives, scope of responsibility and operating procedures of your individual board, commission, or committee.
2. If you represent yourself as a member of a board, commission or committee, you should represent the majority views of your individual board, commission, or committee. Individual “opinions” to the public and press, should be identified as such.
3. Members should represent the public interest and not special interest groups.
4. Members are in a unique position of serving as a liaison between the city and its citizens and can help to reconcile contradictory viewpoints and to build a consensus around common goals and objectives. Members serve as a communication link among the community, staff, and City, presenting city programs and recommendations and providing a channel for citizen expression.
5. Do your homework and be thorough in recommendations by reviewing items prior to the meeting to be fully prepared to discuss, evaluate, and act on all matters scheduled for consideration.
Conclusions based on the same facts will strengthen the value of the group’s recommendations.
6. Supportive relationships with the City Council and city staff are essential for successful operation
of any board, commission, or committee. The proper channel to contact city personnel on items of consideration is through the designated city staff liaison providing staff support for your group.
7. Establish a good working relationship with fellow members of your board, commission, or committee. Respect individual viewpoints; allow other members time to present their views fully before making comments; be open and honest; welcome new members and strive to minimize political action on issues.
City Council appointments to boards, commissions or committees are made without regard to political party affiliation. Members are not restricted from participating in political activities. However, members may not use or involve their membership on their respective board, commission or committee in the conduct of political activities.
RELATIONSHIPS
Working Relationships
In public statements or interactions, individual board, commission or committee members should present views and recommendations representing the board, commission, or committee as a body -- not personal individual views. Members expressing views not approved by the majority of a board, commission, or committee should clearly express that their opinions reflect their personal perspective as a “private citizen.” Individual opinions must be identified as such. Public statements should not include promises that may be construed to be binding on the board, commission, committee, City Council or staff. When making a public statement, if applicable, members should indicate that board, commission or committee actions are recommendations and that final action will be taken by the City Council. Members may be selected on the basis of representing defined groups; however, each member should represent the overall “public good,” not an exclusive group, or special interest.
Basic Guidelines
Board, commission or committee members should work to establish good relationships with other board, commission or committee members. The success or failure of board, commission, or committee efforts may be dependent upon the degree of cooperation evident among the individual members of the body.
Relationships with Other Board, Commission, or Committee Members The association with other board, commission or committee members is very important. Before talking about relationships, it may be well to point out a few facts about board, commission and committee members. Members come from various backgrounds - education, occupational, religious, social, economic, physical and cultural - and differences do exist. It is important to recognize that the reasons for serving on a board, commission, or committee will vary and perhaps some will have a special interest. Each member will contribute in his/her own way and is an important part of the decision- making process. Do not expect every member to give of his/her time, talent and knowledge to the same extent. Some will give more, and others will give less, but in the end, the community will benefit.
Bearing this in mind, the following may serve as a guideline:
1. Always respect other individuals’ viewpoints even though they may be the opposite of your own.
2. Allow the other individual to articulate his/her own views and then attempt to make an objective evaluation of those views.
3. Evaluation of other members’ viewpoints should be based on what is best for the total community and for all concerned.
4. There will be times when political action among the board, commission, or committee is apparent;
strive to minimize whenever possible.
5. Be open and honest at all times.
6. Each member has a responsibility to see that new members are made welcome, become oriented, and receive training.
Relationships with City Council Members
The purpose of boards, commissions or committees is to expand the opportunity for citizen input and participation, study issues, and make recommendations to the City Council. As an advisor to the City Council, members must be continually aware that the decisions formed by the Council, even after receiving and evaluating the recommendations from the various advisory bodies, are not easily made.
The City Council possesses the ultimate political and legal responsibility for the conduct of local government and the overall welfare of the community. It is important to recognize that not all of the recommendations made by the various boards, commissions, and committees will be accepted by the City Council. City Council actions that vary from board, commission and committee recommendations do not imply a lack of confidence or disinterest in the advisory bodies’ decisions. Councilmembers must weigh the advice provided by advisory bodies against a broader scope of considerations as they reach the decisions for which they are responsible.
Although a board, commission, or committee may disagree with the final decision that the City Council makes on an issue, it should not act in any manner contrary to the established policy adopted by the Council.
Members are expected to recognize the following items:
1. The board, commission or committee should assist the City Council in developing public trust in an advisory system; and
2. Be sensitive to City priorities and know when to take a stand.
Relationships with Council and Staff Liaisons
The council liaison (a councilmember) assigned to a board, commission or committee may provide advice, direction, and guidance. The council liaison also facilitates placing board, commission, or committee recommendations on the City Council agenda for council consideration.
The staff liaison handles administrative duties, prepares meeting agendas, and records minutes.
Members may not direct the staff liaison to initiate programs, conduct major studies or establish official policy without the approval of the City Council.
Members should feel free to contact the assigned staff liaisons for inquiries and/or support purposes. It should be understood, however, that members are responsible for all work for its board, commission, or committee. Staff liaisons may provide clerical and administrative support to boards, commissions or committees on an as-needed basis.
Relationships with the Public
Members serve as a liaison between the city and the general public. Thus, each member functions as a communication link between the community and the city, explaining city programs and recommendations, as well as providing a channel for citizen expression.
Board, commission or committee meetings should be conducted in a manner that is conducive to a productive exchange of ideas and perspectives. A non-threatening atmosphere should be prevalent,
and steps should be taken to ensure that members of the public are free to express their views without fear of ridicule or belittlement by anyone with an opposing viewpoint.
Members should conduct themselves in a manner that demonstrates fairness and professionalism.
Members should be considerate of all interests and value differences of opinion. Additionally, members should remain open-minded, objective and make no judgment or engage in any partisan position until all of the available evidence pertaining to an issue has been submitted. Common courtesy is expected from city representatives at all levels of the organization.
It is important to recognize that, as a member, your actions and comments are often interpreted to be that of the entire board, commission, committee, the staff, or the city. A member's comments to the press or other public utterances are sometimes misinterpreted even though you state that you are speaking for yourself. They may also be at odds with the board’s, commission’s, or committee’s goals, objectives, or overall policy. It is very important that an individual be clear when stating an opinion.
Members of the public are also expected to conform to an acceptable standard of conduct. Any person who willfully interrupts a public meeting or acts to render the orderly conduct of the meeting infeasible may be barred from the meeting by the Chair. An individual so barred may not return for the remainder of the meeting unless permission is granted by a majority vote of the board, commission, or committee.
The following guidelines are offered:
1. There should be no promises made to the public that are binding on the board, commission, committee, staff, or City Council.
2. Comments to the public and the press must be factual.
3. Members have an obligation to listen to comments or complaints of the public.
City boards, commissions, and committees are not involved in the administration or operation of city departments. The city’s staff reports to the department head, who in turn reports to the city manager. It is, therefore, the responsibility of the department head and/or the city manager to allocate staff time and efforts and direct the priority of work.
The staff liaisons are not considered members of a board, commission or committee and have no power to vote on matters. Because of their support position, staff does not respond to questions from the public at a meeting unless requested to do so by the chairperson.
City staff liaisons serve boards, commissions and committees in an advisory capacity – much the same as the board, commission, or committee serves the Council. Staff liaisons are selected on the basis of their technical and professional abilities and are expected to provide recommendations based on their professional analysis of the situation, regardless of personal opinion or consideration of political consequence. It is not expected that every staff recommendation will be followed; however, because of staff’s technical expertise, full consideration should be given to the staff liaison’s recommendation.
Members should be aware of staff’s responsibility to also provide professional advice to the City Council. In instances where a staff liaison disagrees with a recommendation of the board, commission, or committee he/she serves, he/she is obligated to advise the City Council of his/her recommendation through the city manager or a subsequent staff report. The City Council values both the opinion of the board, commission, or committee as well as staff since staff expresses its opinion from a strictly technical perspective, and boards, commissions, and committees may provide counsel and advice on the issue’s practical application.
All communications from the board, commission, or committee to the public are transmitted through the staff liaison. Similarly, arriving communications are received by the staff liaison and relayed to the
board, commission, or committee through the agenda.
MEMBERSHIP
Member Privacy
The City Clerk’s Office does not release the personal contact information of board, commission or committee members without their consent. Requestors will be directed to the staff liaison to verify consent with the member.
Application, Appointments, and Reappointments
All residents interested in serving on a City of Richmond board, commission, or committee must complete and submit the appropriate application form (Appendix H) to the city clerk. Employees cannot serve on any city board, commission, or committee. Recommendations for appointment are made by the mayor and approved by the City Council, with the exception of the Richmond Fund for Children and Youth Oversight Board, appointed by the mayor and City Council.
Any person who has served on a board, commission or committee for a period of less than one full calendar year may be appointed to the same body for a full term.
Reappointment is not automatic; therefore, board members, commissioners, and committee members are required to submit a new application to the city clerk prior to each term expiration date (Appendix B), to be considered for reappointment. Members with expired terms may continue to serve until a replacement appointment has been approved (Appendix C, Resolution 24-14).
Oath of Office
Before new board members, commissioners, and committee members can participate as voting members of their respective body, they must complete and file an Oath of Allegiance form (Appendix E) with the city clerk. Failure to take the oath of office within 30 days of the date of the appointment letter shall be cause for automatic termination. Staff liaisons must check with the City Clerk’s Office prior to the first meeting of the board, commission, or committee following the appointment to verify that all newly-appointed members have taken the oath.
Fair Political Practice Commission (FPPC) Filing Requirement and Ethics Training Pursuant to the City of Richmond’s Conflict of Interest Code (Appendix G), members of certain boards, commissions, and committees must complete a FPPC, Statement of Economic Interests, Form 700 upon assuming or leaving office and annually during their term. Form 700 filers must also complete mandatory ethics training (AB 1234) every two years. Failure to comply with the FPPC filing and training requirements can result in automatic resignation. The city clerk will notify the specific board members, commissioners, and committee members that are subject to this provision. It is the responsibility of the board member, commissioner, or committee member to notify the City Clerk’s Office immediately upon any changes to their mailing and/or email address.
Attendance
Board members, commissioners, and committee members should inform the staff liaison in advance if they are unable to attend a meeting. Failure to comply with the following attendance rules can result in automatic resignation:
a. Absence from more than three regular meetings within a twelve-month period shall be
deemed an automatic resignation, with the following exception:
The absence of any member from more than eight regularly scheduled meetings of the Design Review Board within any twelve consecutive-month period constitutes an automatic resignation from the Design Review Board.
Within one week of the third absence (eighth absence for Design Review Board members), the board, commission, or committee staff liaison shall remind the board member or commissioner of the absence rule. Upon the fourth absence (ninth absence for Design Review Board members), the staff liaison shall notify the city clerk to issue a notice of automatic resignation and post the vacancy.
b. A member must be present at least one hour, or 50% of the entire meeting, whichever is less, to be counted as present for purposes of attendance.
Excused Absences
Board members, commissioners, and committee members may make a written request to the chair and staff liaison in advance of a meeting to excuse an absence due to scheduling conflicts and religious or cultural holiday. Requests for all other excused absences may be considered on a case-by-case basis by the staff liaisonchair, with consultation from the city clerk (or his/her representative), as necessary.
Automatic Resignation
The following can result in automatic resignation:
a. Failure to comply with the membership requirements outlined in this handbook.
b. Failure to meet any eligibility requirements of the ordinance, resolution or other law establishing the board, commission, or committee or regulating its membership.
Automatic resignation from a board, commission, or committee does not disqualify an individual from subsequently being appointed to the same or any other board, commission or committee. However, if a member is automatically resigned more than two times due to any of the aforementioned reasons or any combination thereof, he/she may not be appointed again to any board, commission, or committee for one year. No board member, commissioner, or committee member shall be appointed to any board, commission, or committee if there are outstanding Conflict of Interest statements or fines; and no board member, commissioner, or committee member shall be appointed to any board, commission, or committee for a period of one year if automatically resigned more than once for failure to file such statements.
Resignation Procedure
A board member, commissioner, or committee member wishing to resign shall submit a letter or e-mail of resignation directly to the city clerk stating his/her effective date of resignation. Once submitted and the Clerk’s Office acknowledges acceptance, a letter of resignation may not be withdrawn. The city clerk shall notify the mayor and staff liaison of such vacancy.
Leaving Office Statement (Form 700)
Within 30 days of an automatic or voluntary resignation, a board member, commissioner or committee member serving on a board, commission or committee subject to annual Fair Political Practice Commission, Statement of Economic Interests, Form 700, will be required to submit a Form 700 leaving
office statement.
Use of City Business Cards, Logo, and Insignia
Board, commission, and committee members may request city business cards, at their own expense, to be used only for official City of Richmond business or promoting the city. The City Clerk’s Office is not responsible for ordering business cards; this is the responsibility of the staff liaison to order business cards from the city’s approved printing vendor. The City Attorney’s Office advises against individual board members, commissioners, and committee members privately printing their own business cards using the city logo or insignia.
CONFLICT OF INTEREST PROHIBITED
Board members, commissioners, and committee members provide advice to the City Council, study various projects and, in the case of certain boards, commissions, and committees, function in a quasi- judicial capacity. Precise relationships vary in that certain of these quasi- judicial determinations may be appealed to the City Council; others may not be. All board members, commissioners, and committee members should be aware of the need to avoid any instances of conflict of interest (Appendix G).
Conflict of interest standards are generally applicable to all boards, commissions, and committees.
Additional requirements may be applicable to particular boards, commissions, and committees.
Influencing the Making of Contracts and Affecting Other Financial Interests The State Political Reform Act, Government Code Sections 81000 et. seq., and the Fair Political Practices Commission (FPPC) Regulation 2 California Administration Code Section 18730 prohibit a board member, commissioner, or committee member from making, participating in making, or attempting to influence the making of any city decision if the board member, commissioner, or committee member knows or has reason to know that it is reasonably foreseeable that the decision will have a material financial effect on specified interests of the board member, commissioner, or committee member or a member of their family distinguishable from its effect on the public generally. A board member, commissioner, or committee member may seek the advice of the City Attorney as to whether he/she should recuse themselves. However, only a formal advice letter from the FPPC will insulate you from enforcement actions by the FPPC. Be sure to seek the advice of the City Attorney or FPPC well before you are required to participate in a matter which would create a possible conflict of interest.
In addition to filing required disclosure statements described below, any such conflict of interest should be publicly disclosed and noted in the official record of the board, commission, or committee. In such cases it is not sufficient simply to abstain from voting; the positive act of verbal disclosure is required.
Disclosure Statements Required
The Government Code of the State of California requires that designated commissions file Fair Political Practices Commission (FPPC), Statements of Economic Interests (Form 700), in which they disclose specified financial interests. The latest City of Richmond Conflict of Interest resolution, located on the City Clerk’s website, specifies each board, commission, or committee which is subject to this requirement and the interests which must be disclosed.
Board members, commissioners, and committee members specified in the current Conflict of Interest resolution must file a Form 700, with the city clerk annually and within thirty days of assuming or leaving office.
If a member has been auto-resigned more than thirty days from a board, commission, or committee for any reason, and the mayor wishes to reappoint that person, the member must first file a "Leaving Office" statement prior to the new appointment. He/she is then required to file another "Assuming Office" statement within thirty days of the new appointment date.
Any board member, commissioner, or committee member who fails to file any required Form 700 within the time specified for such statement will be fined and may be automatically resigned. No board member, commissioner, or committee member shall be appointed to any board, commission, or committee if there is an outstanding Form 700 or fines; and no board member, commissioner, or committee member shall be re-appointed to any board, commission, or committee for one year if auto- resigned for failure to file such disclosure statements.
Incompatible Public Offices
The common law doctrine of incompatible public offices prohibits a public official from occupying two public offices which are incompatible in terms of their duties and/or the likelihood of divided loyalties.
Effective immediately, board members, commissioners, and committee members may no longer be appointed to multiple Richmond boards, commissions or committees. Board members, commissioners, and committee members may apply for appointment to other Richmond boards or commissions in their current position prior to term expiration. However, upon appointment to the new board, commission, or committee, he/she shall immediately submit written notification to the city clerk resigning from their former appointment. Board members, commissioners, and committee members appointed to more than one Richmond board, commission, or committee prior to the date of this handbook, may continue to serve on multiple boards, commissions, and committees to complete each term.
Incompatible Activities for Compensation
Government Code Section 1126 prohibits a public official from engaging in activities for compensation incompatible with their public office. If you are engaged in compensated activities which may be incompatible with your duties as a board member, commissioner, or committee member, please consult the city attorney.
BOARD, COMMISSION, AND COMMITTEE ORGANIZATION
Officers Election and Term of Office
The election of board, commission, and committee officers shall occur annually pursuant to the resolution, ordinance, or bylaws that govern each body. The chairperson and vice chairperson are elected by the majority of the board, commission, or committee for a one-year term and hold office until their successors are elected. No board member, commissioner, or committee member shall serve as chairperson for more than two consecutive years. The results of the vote shall be publicly announced and the vote recorded in the minutes.
Duties of Officers
The chairperson, or in her/his absence, the vice chairperson, performs the following duties:
Presides at all meetings of the board, commission, or committee and ensures that the work of the board, commission, or committee is accomplished. To this end, the chairperson must exert sufficient control of the meeting and ensure that all viewpoints are heard and are considered in a fair and impartial manner.
Approves and signs correspondence and reports on behalf of the board, commission, or committee.
Represents the board, commission, or committee before the City Council with the approval of the board, commission, or committee.
Performs other duties necessary or customary to the office.
Transfer of Chair
In the absence of the chairperson or his/her inability to act, the vice chairperson presides in place of the chairperson. In the event of the absence or the inability to act of both the chairperson and the vice chairperson, the remaining members elect one of their members to act as temporary chairperson.
Vacancies
Board, commission, and committee vacancies as a result of final term expiration and resignations are publicly announced by the mayor at City Council meetings and posted on the city’s website. On or before December 31st of each year, a Notice of Expiration of Terms and Vacancies is published in a newspaper of general circulation, in compliance with the requirements of the Maddy Act, Government Code Section 54972.
DEVELOPMENT OF A WORK PROGRAM
Many boards, commissions, and committees find it effective to establish an optional yearly work program or goals statement. A work program is a planning document that specifies how and when the objectives (outcomes) which the board, commission, or committee expects to accomplish during the fiscal year will be achieved. Goal statements explain the nature and scope of the work to be performed and the time needed to accomplish the goal. The nature of the duties of specific boards, commissions, and committees may determine which method is most suitable.
Designing yearly work programs or goal statements may be done in conjunction with the development of the relevant departmental work plan so that the department and board, commission, or committee’s work will complement each other throughout the year.
MEETING BASICS
Requirement to Meet in Public – Ralph M. “Brown Act”
The Ralph M. Brown Act, commonly referred to as the “Brown Act,” is codified in the California Government Code beginning at Section 54950. The Brown Act mandates that local government business be conducted at open and public meetings, except in certain limited situations (i.e. closed sessions). The central provision of the Brown Act requires all “meetings” of a “legislative body” to be open and public. The Brown Act broadly defines the term “meeting” to include any congregation of a majority of the members of a particular legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body. Richmond boards, commissions, and committees are a “legislative body”. Under the Brown Act, a majority of the members of the legislative body are prohibited from discussing, deliberating about or developing a collective concurrence regarding any item that is within the legislative body’s jurisdiction except as part of a duly noticed public meeting. The purpose of these provisions is to ensure that local governing bodies deliberate in public.
The Brown Act also requires that the public be given notice of the time and place meetings are to be held. As a general rule, a legislative body may not act on or discuss any item that does not appear on the agenda posted for the meeting.
Public Meetings and Public Hearings Notice Requirements The staff liaison will handle all noticing requirements including posting the agenda at City Hall and on the city’s website. The Brown Act does not apply to ad hoc committees.
Regular meetings must be posted seventy-two (72) hours prior to the meeting time. Special meetings must be posted twenty-four (24) hours prior to the meeting time. Where a public hearing is mandated by law, it may vary and the form and timing of the advance notice is most often specified by the law (i.e., land use public hearings).
Public Access Requirement
All public meetings must be held in a wheelchair accessible location. Disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, may be requested by contacting the City Attorney’s Office Americans with Disabilities Act coordinator at (510) 620-6509 at least three business days before the meeting date.
Communication and Public Participation Requirement
The Brown Act protects the public’s right to attend and participate in meetings and requires that agendas for legislative bodies provide an opportunity for the public to address the body. Consult the city clerk for specific requirements and procedures for establishing public comment procedures and time limits for speakers. Boards, commissions, and committees can also conduct public hearings on specific subjects.
The Brown Act requires that an agenda allow for two types of public comment periods. The first is a general audience comment period (i.e., “Public Forum” or “Open Forum”), where the public can comment on any item of interest that is not on the agenda within the jurisdiction of the legislative body.
The second type of public comment period specifically pertains to items on the agenda.
Types of Meetings
Public Hearings
Public hearings are held when required by law or when the board, commission, or committee determines that such a hearing would be desirable. When a hearing is required by law, the procedure for that hearing may also be specified by that law. Most hearings and board, commission, and committee matters are quasi-legislative; the board, commission, or committee is making policy or programmatic recommendations to the City Council. Some hearings are quasi-judicial, such as hearings or permits before the Planning Commission, or Design Review Board. In such quasi-judicial proceedings, special rules may apply. Refer to the specific law or consult the City Attorney’s Office.
Study Sessions and Workshops
Study Sessions are designed to elicit community input and participation in an informal manner, allowing maximum interaction between citizens and board members, commissioners, or committee members to work on issues in an in-depth manner. Study sessions and workshops do not culminate in action at that meeting. Actions or recommendations should be taken at either the next regular meeting or at another publicly announced date and time. In both cases, the board, commission, or committee, when establishing the time and place for the study session or workshop, should determine the period of time available and establish the portion of time to be devoted to comments or presentations by the public.
Public access and communication access requirements must be met for all public hearings, study sessions, and workshops.
Preparation for Meetings
Be prepared. Thoroughly review the agenda packet, including agenda reports, and any other materials before the meeting. The issues that come before advisory bodies are important to the community as a whole and demand your undivided attention. In agreeing to serve on an advisory body, you make a commitment to put in the time required to be fully prepared for
each meeting.
Understand the recommended action you are being asked to take for each agenda item. If you have questions regarding the agenda or an agenda report, contact your staff liaison before the meeting to clarify questions or request further information. Know the responsibilities of your advisory body, as well as the limitations of your individual authority. As a member of an advisory body, you will among other things, be asked to provide recommendations to the City Council about specific issues. Keep in mind that your appointment does not empower you to supervise city staff. Keep an open mind. An objective, balanced, and receptive approach will help you assess the facets of a given issue and evaluate new ideas. When receiving written and oral public testimony it will be necessary to discern between fact and opinion, as well as between those concerns which are relevant and those which are secondary to the issue at hand. Keeping an open mind will make it easier for you to understand all aspects of an issue before you make a judgment or take a position.
Strive to appreciate differences in approach and point of view. Likewise, take care to articulate your own ideas; remember that your individual voice is a critical part of the whole dialogue.
Again, furthering common goals takes cooperation, flexibility, and a broad-based view of the public interest. If in doubt, return to the foundational documents to guide your understanding of the complexities of an issue.
If you are unsure about something during the meeting, ask for clarification. On behalf of the public, your understanding of issues is important. Each advisory body has a staff liaison to provide information to assist the members throughout the decision-making process. E-mail communications can ultimately lead to the exchange of information intended to create collective concurrence among a quorum of advisory body members in violation of the Ralph M.
Brown Act. Therefore, e-mail communications between advisory body members relative to advisory body business should be avoided. While less than a quorum, for example, may appropriately communicate with one another by way of e- mail, the “forwarding” of such an e- mail message on to an additional member could result in a Brown Act violation. The applicant has the right to an efficient process. Unreasonable delay or lack of action is unacceptable. If necessary, make an alternate or additional recommendation that may help to move the item along.
Conduct of Hearing
The procedure to be followed for a public hearing may vary depending, again, on the subject matter and the time available for the hearing. In the instances where a board, commission, or committee acts in quasi-judicial fashion, certain standards of receiving testimony must be met. These would include, but not necessarily be limited to:
Announcement or reading of the subject into the record by the secretary. An overview of the subject and recommendation by the chairperson, board member, commissioner, committee member or staff requesting the public hearing. Public comment from affected parties or interested citizens and receipt of any pertinent documentation.
The hearing shall be formally declared open by the chairperson prior to public comment and formally closed by the chairperson at the conclusion of public comment. If findings are required as a part of the board, commission, or committee action, such findings should be clearly stated for the record. If a board member, commissioner, or committee member must abstain or recuse oneself from participation
due to a potential conflict of interest, or has a disclosure of interest which does not prevent participation, a statement shall be given at the commencement of the hearing.
Action
Any action resulting from the hearing shall be clearly stated in the form of a motion, properly seconded and voted upon. The record should in such cases identify those voting "aye", those voting "no", those abstaining, and those absent.
Action must be by an affirmative vote of at least a quorum of the board, commission, or committee.
Under State law, action is prohibited on any matters which have not been properly noticed.
If no action is to be taken the chairperson should announce this fact, and, if possible, advise the public of the date when action may be expected.
Recordings of Hearings
All hearings should be audio recorded (whenever possible) in addition to the required written set of summary and action minutes that must be provided for every meeting. The minutes once approved by the board, commission, or committee, shall constitute the legal record. Audio recordings of public hearings of quasi-judicial boards, commissions or committees where the minutes have been approved, shall be retained by the staff liaison for at least one year following the decision of the board, commission, or committee or following the final decision of the City Council.
Hearing from the Public
At public meetings, boards, commissions, and committees have the responsibility to hear all viewpoints of the public. In order to ensure all parties are adequately heard, it is necessary to follow the rules of procedures which are often established by the bylaws of the boards, commissions and committees.
These rules most commonly include:
Limiting the time of speakers.
Establishing strict rules regarding rebuttal, if it is decided that rebuttal is permitted. Requesting board, commission, and committee members to hold questions and comments to the end of the public presentation portion of the hearing.
Impartiality and Standards of "Fair Play"
Boards, commissions, and committees shall be aware of the need to maintain basic standards of fair play and impartiality. This awareness must also speak to the need to avoid the appearance of bias. The chairperson has the primary responsibility to ensure that the varying points of view are heard, that the hearing or workshop proceeds in a timely manner, and that the options for future action by the board, commission or committee are clearly stated. Awareness of the varying interests within the Richmond community is essential, and the City Council depends on its boards, commissions, and committees to provide thoughtful advice based on the fullest possible study of the subject and contact with all relevant segments of the community to obtain their input.
No Quorum – Meeting Cancellation
When a quorum cannot be assembled at the time of a meeting, the meeting must be cancelled and those members who are absent will have an absence counted against them. Those members that are present shall wait a maximum time limit of 20 minutes for a quorum prior to cancelling the meeting.
Board members, commissioners, and committee members should inform the staff liaison as far in advance as possible if they are unable to attend a meeting. If it is known in advance that a quorum will not be achieved, the staff liaison should notify all members that the meeting will be cancelled and no
absences will be recorded. The staff liaison must also post a meeting cancellation notice for the public at the meeting location.
MEETING PROCEDURES
Establishment of Meeting Rules
Richmond boards, commissions, and committees follow Rosenberg’s Rules of Order for public meeting proceedings (Appendix F). Each board, commission, or committee may establish additional rules and limit debate. It is the responsibility of the chairperson to control public debate so that everyone has an opportunity to speak and to expedite the business at hand.
Rules of Debate
Chairperson
The chair may debate and may make or second motions. The chair is subject to the limitations of debate that are imposed on all members and shall not be deprived of any of the rights and privileges of a member.
Advisory Body Members
Every advisory body member desiring to speak shall address the chair. Upon recognition by the chair, the member shall confine comments to the question under debate, avoiding all undignified language and references to personalities and abiding by the following rules of civil debate. A member, once recognized, shall not be interrupted except according to rules of parliamentary procedure (e.g., for a point of order, parliamentary inquiry, question of privilege, or appeal of the chair’s procedural ruling).
Public meetings will proceed smoothly if all participants keep the following tenets in mind:
(1) We may disagree, but we will be respectful of one another.
(2) All comments will be directed to the issue at hand.
(3) Personal attacks shall be avoided. They are unacceptable and may result in termination from an appointed position.
Addressing the Advisory Body from the Floor
Securing Permission to Speak - Any person desiring to address the advisory body shall first secure permission from the chair. Any advisory body member may also request of the chair that a member of the public be recognized to speak. Remarks should be directed to the matter being considered.
Individuals addressing the advisory body are requested to give their name in an audible tone of voice for the record and fill out a speaker card if provided. They are not, however, required to provide their name or complete a speaker card. Any applicable time limit shall be as stated in the agenda, or as directed by the chair.
All remarks shall be addressed to the advisory body as a whole and not to any individual member or to members of the audience. Without the permission of the chair, only members and the person addressing the advisory body shall be permitted to enter into any discussion. However, while advisory body members may ask speakers questions, they should not debate matters with them. All remarks shall be delivered in a respectful manner.
Addressing the Advisory Body after Motion Made - After a motion is made by the advisory body, no person shall address the advisory body in regard to that topic except upon the request of the chair, or a
member of the advisory body through the chair.
Order and Decorum in Meetings
Board, Commission, and Committee Conduct
While the board, commission, or committee is in session, the members sh all not interrupt the proceedings of any other member or any member of the public who has the floor.
Conduct of Public in Attendance
Persons attending the meeting should observe the rules and procedures of the board, commission, or committee and should not disrupt the business at hand. For example, no one should disrupt the meeting by shouting, making disruptive noi ses, such as “boos” or hissing sounds; creating or participating in a physical disturbance; speaking out of turn or in violation of the meeting's procedures or rules; preventing or attempting to prevent others who have the floor from speaking; preventing others from observing the meeting; entering into or remaining in an area of the meeting room that is not open to the public; or approaching the advisory body without consent. Any message to or contact with any member of the advisory body while it is in session should be through the staff liaison.
All public comments sh all be addressed to the advisory body as a whole and not to any specific member. No one other than the advisory body and the person having the floor may enter into any discussion, either directly or through a member of the advisory body, without the permission of the chairperson. No question may be asked of a member of the advisory body except through the chair.
After being recognized for this purpose by the chair, any member of the advisory body may briefly respond to comments made during the public comment period or may pose a question to the person speaking at public comment or during a public hearing but may not discuss the matter.
Interested persons may address the advisory body on any issue concerning city business and items on the agenda during the period assigned to public comment on the agenda. Members of the advisory body may ask questions but should not discuss or act in connection with such citizen comment, if the subject is not on the agenda for action. A member of the advisory body may, however, refer a subject to staff or other resources for factual information or for action, if appropriate. The public may also comment during a public hearing on the subject of the public hearing in accordance with any procedures established by the advisory board for this purpose.
Rules of Debate
Presiding Officer May Debate. The presiding officer may debate from the chair, subject only to such limitations of debate by rules imposed on all members of the advisory board, and should not be deprived of any of the rights and privileges of any other member by reason of his/her acting as the presiding officer.
Getting the Floor. Improper references are to be avoided. Every member desiring to speak should address the chair, and upon recognition by the presiding officer, should confine him/herself to the question under debate.
Interruptions
A member of the advisory board, once recognized, should not be interrupted when speaking unless it is to call him to order, or as herein otherwise provided. If a member, while speaking, is called to order, he/she should cease speaking until the question of order can be determined, and if, in order, he/she should be permitted to proceed.
Proceedings
Start meetings on time and keep the size of the agenda in mind in order to give each item the appropriate time.
Announce at the start of a meeting if the order of agenda items is to be rearranged for convenience, for response to those attending only for certain items, or for better pacing of the agenda.
Let the chair run the meeting.
Be fair, impartial, and respectful of the public, staff, and each other. Give your full attention when others speak.
Learn to trust your own good judgment on decisions.
Remember that people may be attending a meeting for the first time, and may be unfamiliar with the procedures. In your discussion, either avoid or explain technical terms or verbal acronyms and abbreviations.
Listen to audience concerns and do not engage in side conversations or otherwise be distracted during public testimony. The opportunity for public testimony is central to the strength of democracy and is therefore encouraged. Active listening, however, does not mean engaging the public in debate. Your response is appropriately saved for after the public testimony is closed.
Close the public testimony before you begin serious deliberation on an issue. Sometimes questions can most effectively focus discussion and direct decision- making.
For example,
For staff:
What is the history behind this item?
What are the benefits and drawbacks?
What other alternatives did you consider?
Is it within this advisory body’s scope of responsibility? If not, would it be best referred to another advisory body or staff?
For other advisory body members:
What do you think about this item?
What have you heard from the residents?
What would it take for you to support this?
For the public (at a hearing):
What are your concerns?
How will this proposal affect you?
What specific, constructive, alternatives can you recommend? How does the public comment or question relate to the decision at hand? For yourself:
What are we trying to accomplish?
What are the long-range interests of the community?
What guidance can be found in our foundational documents? Often you must balance multiple views, neither favoring nor ignoring one individual or group over another. Your obligation is to represent a broad-based view of the community’s long-range interests.
Remember that your advisory body exists to take actions and/or make recommendations.
It is not simply a discussion group or debating society. Endeavor to end meetings at a reasonable hour. Extending the meeting beyond an
appointed hour may be subjected to a vote when that hour nears.
Managing Difficult Meetings
From time to time, boards, commissions, and committees are faced with conducting highly charged controversial meetings. These meetings may involve one unified group or two or more conflicting groups. The group demeanor may be characterized by aggressiveness and hostility. Such meetings really test the mettle of the advisory body and staff. Consider the following:
Before the Meeting
Make agendas and back-up reports easily available to participants. Make sure adequate seating is available. Consider moving to a larger venue if necessary.
Make sure audio and visual equipment are adequate and operational, if applicable. Chairperson and staff should engage in contingency planning before the meeting. During the Meeting
Establish and announce rules at the beginning of the meeting. Before public comment, ask the participants to designate one or more spokespersons, if possible. This may help reduce redundancy and make sure that all sides of the issue will be heard.
Explain the issues, the possible actions, and the procedures that will be followed at the meeting.
Have speakers address the advisory body and not the audience. Some speakers are very adept at inciting audiences; especially if they are permitted to face the audience. Stop shouting. Explain the reasons why such actions are disruptive and counterproductive. For instance: the meeting should provide a forum for all points of view and such displays of support or opposition could intimidate those with an opposing point of view from speaking. In addition, such displays delay the discussion. Do not hesitate to use recesses to help diffuse hostility or aggressiveness. Strongly consider limiting speakers to a set time such as two to three minutes. If such a procedure is used, make sure it is applied fairly and consistently. Consider using speaker cards. These can help identify how many people wish to speak and also whether they support or contest an issue. They also are invaluable in recording the names and addresses of speakers. Recognize, however, that if a person does not wish to fill out a card or give their name, they still have the legal right to speak.
Continue items to a date certain that cannot be decided at the meeting. Items on the agenda that do not get addressed before the meeting adjournment time will automatically be held over to the next regularly scheduled meeting.
CONCLUSION
There is no desire on the part of the City Council or city staff to control a board, commission or committee member’s independent thought or judgment. The City Council appoints only those persons who have the knowledge, ability, and interest in the specifi c advisory body’s purposes so that their contributions will be of assistance. All suggestions and ideas are most welcome, whether presented as a citizen, member of an advisory body, or as a majority vote of an advisory body. However, board,
commission, and committee membership limits a member’s freedom of advocacy before the City Council or other advisory bodies on those issues that are to be considered by the member’s advisory body so that the member can hear the item with an impartial mind. The recommenda tion of the board, commission, or committee to the City Council should include the position of the body ‘as a whole’ based on the majority vote.
A board, commission, or committee is created as an advisory arm of the City Council as the result of a policy decision. Each has been charged with responsib ilities in specified areas. It may be that a member may disagree with an established policy. This is part of the democratic process, as is the expression of that disagreement in a minority vote. In spite of co nflicting viewpoints, however, it is the process of addressing the issues that are served by the board, commission, or committee action.
The City of Richmond is proud of its citizen participation and extends a hearty welcome to all board, commission, and committee appointees.
APPENDICES
APPENDIX A: Purpose and Function of each City of Richmond Board, Commission and Committee
APPENDIX B: Boards, Commissions and Committees Contacts, Terms/Term Limits, Expiration Dates, Meeting Dates/Locations
APPENDIX C: Resolution No. 24-14 Continuation of Board, Commission and Committee Member Terms
APPENDIX D: Code of Ethics
APPENDIX E: Oath of Allegiance
APPENDIX F: Rosenberg’s Rules of Order
APPENDIX G: Resolution No. 117-19 Amended Conflict of Interest Code
APPENDIX H-1: Board or Commission Application
APPENDIX H-2: Community Police Review Commission Application APPENDIX H-3: Personnel Board Application
APPENDIX H-4: Rent Board Application
APPENDIX H-5: Youth Council Application
APPENDIX H-6: Workforce Development Board Application
City of Richmond
Boards, Commissions and
Committees Handbook
April 27, 2021
(City Council Resolution No. 45-21)
THE CONTENTS OF THIS HANDBOOK ARE SUBJECT TO CHANGE
Revised 3-1-22
MESSAGE FROM THE CITY CLERK:
Congratulations on your recent appointment to a City of Richmond board, commission or committee!
This handbook has been prepared to help orient you concerning the functions and duties of the board, commission or committee to which you have been appointed. The handbook is designed to contribute to your general knowledge and understanding of public affairs and to aid in identifying the scope and parameters of your role and responsibilities.
Members of boards, commissions or committees provide a positive service that is invaluable to the continued progress of our city. They may advise the City Council on a wide variety of issues by making recommendations on important policy matters. The detailed studies and considered advice of boards, commissions or committees are often catalysts for innovative programs and improved services.
Serving on a board, commission or committee can be a rewarding experience for community service-minded residents. It is an excellent way to participate in the functioning of local government and to make a personal contribution to the improvement of our community. If we are to have, “Government of the people, by the people, for the people", we must have the continued participation of the many dedicated board, commission and committee members. Making local government effective and responsive is everybody's responsibility.
We hope that you will enjoy your tenure as a vital part of the City’s team and sincerely thank you for your willingness to devote your time and energy to serve your community.
Pamela Christian
Clerk of the City of Richmond
450 Civic Center Plaza, Suite 300
Richmond, CA 94804
Phone: (510) 620-6513
Email: [email protected]
CITY OF RICHMOND
BOARDS, COMMISSIONS AND COMMITTEES HANDBOOK
Contents
MESSAGE FROM THE CITY CLERK: ................................ ................................ ................................ ...................... 2 BOARD, COMMISSION AND COMMITTEE FUNCTIONS................................ ................................ ...................... 5 Quasi-Judicial................................ ................................ ................................ ................................ ...................... 5 Advisory to the City Manager ................................ ................................ ................................ .............................. 5 Advisory to the Council ................................ ................................ ................................ ................................ ........ 5 Ad Hoc Committees ................................ ................................ ................................ ................................ ............ 5 Establishing Ad Hoc Committees ................................ ................................ ................................ ............................ 6 ROLES ................................ ................................ ................................ ................................ ................................ ... 6 The Advisory Role ................................ ................................ ................................ ................................ ............... 6 BOARD, COMMISSION, OR COMMITTEE NORMS ................................ ................................ .............................. 7 RESPONSIBILITIES OF BOARD, COMMISSION, OR COMMITTEE MEMBERS ................................ .................. 7 RELATIONSHIPS ................................ ................................ ................................ ................................ ................... 8 Working Relationships ................................ ................................ ................................ ................................ ......... 8 Basic Guidelines ................................ ................................ ................................ ................................ ................. 8 Relationships with Other Board, Commission, or Committee Members ................................ ............................... 8 Relationships with City Council Members ................................ ................................ ................................ ............ 9 Relationships with Council and Staff Liaisons................................ ................................ ................................ ...... 9 Relationships with the Public ................................ ................................ ................................ ............................... 9 MEMBERSHIP................................ ................................ ................................ ................................ ...................... 11 Member Privacy ................................ ................................ ................................ ................................ ................ 11 Application, Appointments, and Reappointments ................................ ................................ .............................. 11 Oath of Office ................................ ................................ ................................ ................................ .................... 11 Fair Political Practice Commission (FPPC) Filing Requirement and Ethics Training ................................ .......... 11 Attendance ................................ ................................ ................................ ................................ ........................ 11 Excused Absences ................................ ................................ ................................ ................................ ............ 12 Automatic Resignation ................................ ................................ ................................ ................................ ...... 12 Resignation Procedure ................................ ................................ ................................ ................................ ...... 12 Leaving Office Statement (Form 700) ................................ ................................ ................................ ................ 12 Use of City Business Cards, Logo, and Insignia ................................ ................................ ................................ 14 CONFLICT OF INTEREST PROHIBITED ................................ ................................ ................................ ............. 14 Influencing the Making of Contracts and Affecting Other Financial Interests ................................ ..................... 14 Disclosure Statements Required ................................ ................................ ................................ ....................... 14 Incompatible Public Offices ................................ ................................ ................................ ............................... 15 Incompatible Activities for Compensation ................................ ................................ ................................ .......... 15 BOARD, COMMISSION, AND COMMITTEE ORGANIZATION ................................ ................................ ............ 15 Officers Election and Term of Office ................................ ................................ ................................ .................. 15 Duties of Officers ................................ ................................ ................................ ................................ ............... 15 Transfer of Chair ................................ ................................ ................................ ................................ ............... 16 Vacancies ................................ ................................ ................................ ................................ ......................... 16 DEVELOPMENT OF A WORK PROGRAM ................................ ................................ ................................ .......... 16 MEETING BASICS ................................ ................................ ................................ ................................ ............... 16 Requirement to Meet in Public – Ralph M. “Brown Act” ................................ ................................ ..................... 16 Public Meetings and Public Hearings Notice Requirements ................................ ................................ .............. 16 Public Access Requirement ................................ ................................ ................................ ............................... 17 Communication and Public Participation Requirement ................................ ................................ ...................... 17 Types of Meetings ................................ ................................ ................................ ................................ ............. 17 Public Hearings................................ ................................ ................................ ................................ ..................... 17
Study Sessions and Workshops................................ ................................ ................................ ............................ 17 Preparation for Meetings ................................ ................................ ................................ ................................ ... 17 Conduct of Hearing ................................ ................................ ................................ ................................ ........... 18 Action ................................ ................................ ................................ ................................ ................................ ... 19 Recordings of Hearings ................................ ................................ ................................ ................................ ........ 19 Hearing from the Public ................................ ................................ ................................ ................................ ........ 19 Impartiality and Standards of "Fair Play" ................................ ................................ ................................ ............... 19 No Quorum – Meeting Cancellation ................................ ................................ ................................ ................... 19 MEETING PROCEDURES ................................ ................................ ................................ ................................ ... 20 Establishment of Meeting Rules ................................ ................................ ................................ ........................ 20 Chairperson ................................ ................................ ................................ ................................ .......................... 20 Advisory Body Members ................................ ................................ ................................ ................................ ....... 20 Addressing the Advisory Body from the Floor ................................ ................................ ................................ ....... 20 Order and Decorum in Meetings ................................ ................................ ................................ ....................... 21 Board, Commission, and Committee Conduct ................................ ................................ ................................ ...... 21 Conduct of Public in Attendance ................................ ................................ ................................ ........................... 21 Rules of Debate ................................ ................................ ................................ ................................ .................... 21 Interruptions ................................ ................................ ................................ ................................ .......................... 21 Proceedings ................................ ................................ ................................ ................................ .......................... 21 Managing Difficult Meetings ................................ ................................ ................................ ................................ .. 23 CONCLUSION ................................ ................................ ................................ ................................ ...................... 23 APPENDICES ................................ ................................ ................................ ................................ ...................... 25 APPENDIX A: Purpose and Function of each City of Richmond Board, Commission and Committee .............. 26 APPENDIX B: Boards, Commissions and Committees Contacts, Terms/Term Limits, Expiration Dates, Meeting Dates/Locations ................................ ................................ ................................ ................................ ................ 27 APPENDIX C: Resolution No. 24-14 Continuation of Board, Commission and Committee Member Terms ...... 28 APPENDIX D: Code of Ethics ................................ ................................ ................................ .......................... 29 APPENDIX E: Oath of Allegiance ................................ ................................ ................................ ..................... 30 APPENDIX F: Rosenberg’s Rules of Order ................................ ................................ ................................ ...... 31 APPENDIX G: Resolution No. 117-19 Amended Conflict of Interest Code ................................ ....................... 32 APPENDIX H-1: Board or Commission Application ................................ ................................ .......................... 33 APPENDIX H-2: Community Police Review Commission Application ................................ ............................... 33 APPENDIX H-3: Personnel Board Application ................................ ................................ ................................ .. 33 APPENDIX H-4: Rent Board Application ................................ ................................ ................................ .......... 33 APPENDIX H-5: Youth Council Application ................................ ................................ ................................ ...... 33 APPENDIX H-6: Workforce Development Board Application ................................ ................................ ............ 33
BOARD, COMMISSION AND COMMITTEE FUNCTIONS
The activities of boards, commissions and committees are varied but generally fall into four categories (Appendix A). Any particular board, commission or committee may belong to one or more of the types listed below and all boards, commissions and committees belong to the third type, advisory to the council. If a conflict arises between any provision in the Boards, Commission and Committees Handbook and a board, commission, and committee adopted ordinance, the provision in the perspective ordinance prevails and overrules any other provision.
Quasi-Judicial
Boards, commissions and committees with authority to make binding decisions that require or restrict the action of individuals are deemed quasi-judicial. For example, the Design Review Board functions as the decision-making body for the design of new development projects and most exterior changes to existing buildings. The Design Review Board also acts as an advisory body to the Planning Commission in cases also involving a land use decision. The Planning Commission acts as an advisory body to the City Council on all planning and development policy issues and is charged with the preparation, maintenance, and implementation of the city's General Plan. The Rent Board establishes base rents, makes adjustments to rents and conducts hearings. Actions of the Rent Board are not appealable to the City Council.
However, actions made by the Design Review Board and Planning Commission may be appealed to the City Council, if the appeal is filed with the city clerk within 10 business days of the board, commission, or committee’s action.
Advisory to the City Manager
The Personnel Board conducts hearings on employee grievances for employees in classified service, reviews all proposed changes, additions or eliminations in the personnel rules that may be presented to the City Council, and advises the city manager, on all policies regarding personnel administration.
Similarly, the Community Police Review Commission investigates complaints against police officers and advises the city manager and the chief of police of its findings.
Advisory to the Council
All boards, commissions, and committees advise the City Council concerning policies and programs.
For example, the Commission on Aging advises the City Council on the needs of senior citizens. The Historic Preservation Commission advises or provides recommendations to the City Council on preserving historic sites but also exercises some quasi-judicial powers where historic resources are involved.
Ad Hoc Committees
Ad hoc or "temporary" committees are treated differently under the Brown Act (see the Meeting Basics section for an explanation of the Brown Act). Ad hoc committees are not subject to the notice and posting requirements of the Brown Act so long as the committee:
1. Consists of less than the number of members which would constitute a quorum;
2. Has a defined purpose and a time frame to accomplish that purpose; and
3. Is advisory, i.e., the committee has not been delegated any decision making power and will be
returning to the full board with its recommendation. See, Joiner v. City of Sepastopol (1981) 125 Cal App. 3d 799. Ad hoc committee
Ad hoc committees are commonly used in city government. For example, the chair of a city board/ commission or the board/commission as a whole might choose to appoint three or fewer commissioners (depending upon the size and quorum of the board/commission) to evaluate and report on a particular issue or subject relevant to that board/commission. Once that ad hoc committee has completed its work, the ad hoc committee is then disbanded.
Establishing Ad Hoc Committees
Members of ad hoc committees designed to be advisory to the board/commission may be appointed by the chair, on behalf of the entire board/commission or by an action of the entire board/commission, depending upon the rules under which the board/commission operates. Although, as noted above, the ad hoc committee itself is not subject to the Brown Act, but if the board/commission desires to create an ad hoc committee, the action to create the ad hoc committee must be done at a publicly noticed meeting under the Brown Act and the item placed on an agenda for that purpose.
ROLES
The mayor’s role [per City of Richmond Charter, Article III-A, Sec. 2(c)] is as follows:
The mayor shall have the authority at any regularly scheduled meeting of the City Council to make appointments to or removals from all city boards, commissions, and committees with the concurrence of a least three (3) other members of the Council.
The City Council’s roles are as follows:
Make policy.
Direct city manager to carry out policy.
Solicit input from boards, commissions or committees on issues in its various functional areas unless there are legal or time constraints.
The Boards’, Commissions’, or Committees’ roles are as follows:
Advise the Council on policies that assist the Council in carrying out its responsibilities. Provide citizen input by being positive representatives of a board, commission, committee, and the community.
Committees may differ in their duties and responsibilities. Many are solely and entirely advisory to the elected body.
The City Council Liaison’s role (an appointed councilmember) is as follows:
Serve as a conduit between the board or commission and the City Council.
The Technical Staff’s role (a department head) is as follows:
Research and investigate issues, prepare alternatives and recommendations for review by the applicable board, commission, committee, and/or the Council, and implement the Council’s policy decisions.
The Staff Liaison’s roles are as follows:
Provide administrative support to the boards, commissions or committees under the guidance of the department head (and ultimately, the city manager), including preparing agendas and meeting minutes and ensuring both are posted on the City’s website in a timely manner.
The Advisory Role
Ad hoc committees are formed for a specific purpose and dissolve after completing their mission.
However, standing boards, commissions, and committees are an integral part of the governmental structure.
If the organization is to function effectively, there must be clarity, understanding, and acceptance of the roles assigned to the elected body, boards, commissions, committees, and staff. If advisory board members stray from their original charge and get into areas that rightfully belong to the staff or elected officials, confusion, inaction or destructive conflict can result.
BOARD, COMMISSION, OR COMMITTEE NORMS
As with all working teams, there are written and unwritten rules (norms) that boards, commissions or committees follow. These norms have been established over time and have an original basis that continues to be valid for boards, commissions or committees today.
Some examples are as follows:
Do your homework.
Explain actions in concise thoughts.
Compliment colleagues and staff whenever an opportunity arises. Where applicable, try to involve residents in a solution. Work for consensus on important issues.
Always be on time for meetings.
Be attentive.
Do not criticize staff or others in public.
Only speak on issues if we have something to add.
Our actions, including voting practices, are governed by ethical and moral principles and beliefs.
RESPONSIBILITIES OF BOARD, COMMISSION, OR COMMITTEE MEMBERS While specific duties of each board, commission, or committee member vary widely with the purpose for which they are formed, there are certain responsibilities that are common to all members. The following is a summary of those responsibilities:
1. Understand your role and scope of responsibility and be informed of the objectives, scope of responsibility and operating procedures of your individual board, commission, or committee.
2. If you represent yourself as a member of a board, commission or committee, you should represent the majority views of your individual board, commission, or committee. Individual “opinions” to the public and press, should be identified as such.
3. Members should represent the public interest and not special interest groups.
4. Members are in a unique position of serving as a liaison between the city and its citizens and can help to reconcile contradictory viewpoints and to build a consensus around common goals and objectives. Members serve as a communication link among the community, staff, and City, presenting city programs and recommendations and providing a channel for citizen expression.
5. Do your homework and be thorough in recommendations by reviewing items prior to the meeting to be fully prepared to discuss, evaluate, and act on all matters scheduled for consideration.
Conclusions based on the same facts will strengthen the value of the group’s recommendations.
6. Supportive relationships with the City Council and city staff are essential for successful operation
of any board, commission, or committee. The proper channel to contact city personnel on items of consideration is through the designated city staff liaison providing staff support for your group.
7. Establish a good working relationship with fellow members of your board, commission, or committee. Respect individual viewpoints; allow other members time to present their views fully before making comments; be open and honest; welcome new members and strive to minimize political action on issues.
City Council appointments to boards, commissions or committees are made without regard to political party affiliation. Members are not restricted from participating in political activities. However, members may not use or involve their membership on their respective board, commission or committee in the conduct of political activities.
RELATIONSHIPS
Working Relationships
In public statements or interactions, individual board, commission or committee members should present views and recommendations representing the board, commission, or committee as a body -- not personal individual views. Members expressing views not approved by the majority of a board, commission, or committee should clearly express that their opinions reflect their personal perspective as a “private citizen.” Individual opinions must be identified as such. Public statements should not include promises that may be construed to be binding on the board, commission, committee, City Council or staff. When making a public statement, if applicable, members should indicate that board, commission or committee actions are recommendations and that final action will be taken by the City Council. Members may be selected on the basis of representing defined groups; however, each member should represent the overall “public good,” not an exclusive group, or special interest.
Basic Guidelines
Board, commission or committee members should work to establish good relationships with other board, commission or committee members. The success or failure of board, commission, or committee efforts may be dependent upon the degree of cooperation evident among the individual members of the body.
Relationships with Other Board, Commission, or Committee Members The association with other board, commission or committee members is very important. Before talking about relationships, it may be well to point out a few facts about board, commission and committee members. Members come from various backgrounds - education, occupational, religious, social, economic, physical and cultural - and differences do exist. It is important to recognize that the reasons for serving on a board, commission, or committee will vary and perhaps some will have a special interest. Each member will contribute in his/her own way and is an important part of the decision- making process. Do not expect every member to give of his/her time, talent and knowledge to the same extent. Some will give more, and others will give less, but in the end, the community will benefit.
Bearing this in mind, the following may serve as a guideline:
1. Always respect other individuals’ viewpoints even though they may be the opposite of your own.
2. Allow the other individual to articulate his/her own views and then attempt to make an objective evaluation of those views.
3. Evaluation of other members’ viewpoints should be based on what is best for the total community and for all concerned.
4. There will be times when political action among the board, commission, or committee is apparent;
strive to minimize whenever possible.
5. Be open and honest at all times.
6. Each member has a responsibility to see that new members are made welcome, become oriented, and receive training.
Relationships with City Council Members
The purpose of boards, commissions or committees is to expand the opportunity for citizen input and participation, study issues, and make recommendations to the City Council. As an advisor to the City Council, members must be continually aware that the decisions formed by the Council, even after receiving and evaluating the recommendations from the various advisory bodies, are not easily made.
The City Council possesses the ultimate political and legal responsibility for the conduct of local government and the overall welfare of the community. It is important to recognize that not all of the recommendations made by the various boards, commissions, and committees will be accepted by the City Council. City Council actions that vary from board, commission and committee recommendations do not imply a lack of confidence or disinterest in the advisory bodies’ decisions. Councilmembers must weigh the advice provided by advisory bodies against a broader scope of considerations as they reach the decisions for which they are responsible.
Although a board, commission, or committee may disagree with the final decision that the City Council makes on an issue, it should not act in any manner contrary to the established policy adopted by the Council.
Members are expected to recognize the following items:
1. The board, commission or committee should assist the City Council in developing public trust in an advisory system; and
2. Be sensitive to City priorities and know when to take a stand.
Relationships with Council and Staff Liaisons
The council liaison (a councilmember) assigned to a board, commission or committee may provide advice, direction, and guidance. The council liaison also facilitates placing board, commission, or committee recommendations on the City Council agenda for council consideration.
The staff liaison handles administrative duties, prepares meeting agendas, and records minutes.
Members may not direct the staff liaison to initiate programs, conduct major studies or establish official policy without the approval of the City Council.
Members should feel free to contact the assigned staff liaisons for inquiries and/or support purposes. It should be understood, however, that members are responsible for all work for its board, commission, or committee. Staff liaisons may provide clerical and administrative support to boards, commissions or committees on an as-needed basis.
Relationships with the Public
Members serve as a liaison between the city and the general public. Thus, each member functions as a communication link between the community and the city, explaining city programs and recommendations, as well as providing a channel for citizen expression.
Board, commission or committee meetings should be conducted in a manner that is conducive to a productive exchange of ideas and perspectives. A non-threatening atmosphere should be prevalent,
and steps should be taken to ensure that members of the public are free to express their views without fear of ridicule or belittlement by anyone with an opposing viewpoint.
Members should conduct themselves in a manner that demonstrates fairness and professionalism.
Members should be considerate of all interests and value differences of opinion. Additionally, members should remain open-minded, objective and make no judgment or engage in any partisan position until all of the available evidence pertaining to an issue has been submitted. Common courtesy is expected from city representatives at all levels of the organization.
It is important to recognize that, as a member, your actions and comments are often interpreted to be that of the entire board, commission, committee, the staff, or the city. A member's comments to the press or other public utterances are sometimes misinterpreted even though you state that you are speaking for yourself. They may also be at odds with the board’s, commission’s, or committee’s goals, objectives, or overall policy. It is very important that an individual be clear when stating an opinion.
Members of the public are also expected to conform to an acceptable standard of conduct. Any person who willfully interrupts a public meeting or acts to render the orderly conduct of the meeting infeasible may be barred from the meeting by the Chair. An individual so barred may not return for the remainder of the meeting unless permission is granted by a majority vote of the board, commission, or committee.
The following guidelines are offered:
1. There should be no promises made to the public that are binding on the board, commission, committee, staff, or City Council.
2. Comments to the public and the press must be factual.
3. Members have an obligation to listen to comments or complaints of the public.
City boards, commissions, and committees are not involved in the administration or operation of city departments. The city’s staff reports to the department head, who in turn reports to the city manager. It is, therefore, the responsibility of the department head and/or the city manager to allocate staff time and efforts and direct the priority of work.
The staff liaisons are not considered members of a board, commission or committee and have no power to vote on matters. Because of their support position, staff does not respond to questions from the public at a meeting unless requested to do so by the chairperson.
City staff liaisons serve boards, commissions and committees in an advisory capacity – much the same as the board, commission, or committee serves the Council. Staff liaisons are selected on the basis of their technical and professional abilities and are expected to provide recommendations based on their professional analysis of the situation, regardless of personal opinion or consideration of political consequence. It is not expected that every staff recommendation will be followed; however, because of staff’s technical expertise, full consideration should be given to the staff liaison’s recommendation.
Members should be aware of staff’s responsibility to also provide professional advice to the City Council. In instances where a staff liaison disagrees with a recommendation of the board, commission, or committee he/she serves, he/she is obligated to advise the City Council of his/her recommendation through the city manager or a subsequent staff report. The City Council values both the opinion of the board, commission, or committee as well as staff since staff expresses its opinion from a strictly technical perspective, and boards, commissions, and committees may provide counsel and advice on the issue’s practical application.
All communications from the board, commission, or committee to the public are transmitted through the staff liaison. Similarly, arriving communications are received by the staff liaison and relayed to the
board, commission, or committee through the agenda.
MEMBERSHIP
Member Privacy
The City Clerk’s Office does not release the personal contact information of board, commission or committee members without their consent. Requestors will be directed to the staff liaison to verify consent with the member.
Application, Appointments, and Reappointments
All residents interested in serving on a City of Richmond board, commission, or committee must complete and submit the appropriate application form (Appendix H) to the city clerk. Employees cannot serve on any city board, commission, or committee. Recommendations for appointment are made by the mayor and approved by the City Council, with the exception of the Richmond Fund for Children and Youth Oversight Board, appointed by the mayor and City Council.
Any person who has served on a board, commission or committee for a period of less than one full calendar year may be appointed to the same body for a full term.
Reappointment is not automatic; therefore, board members, commissioners, and committee members are required to submit a new application to the city clerk prior to each term expiration date (Appendix B), to be considered for reappointment. Members with expired terms may continue to serve until a replacement appointment has been approved (Appendix C, Resolution 24-14).
Oath of Office
Before new board members, commissioners, and committee members can participate as voting members of their respective body, they must complete and file an Oath of Allegiance form (Appendix E) with the city clerk. Failure to take the oath of office within 30 days of the date of the appointment letter shall be cause for automatic termination. Staff liaisons must check with the City Clerk’s Office prior to the first meeting of the board, commission, or committee following the appointment to verify that all newly-appointed members have taken the oath.
Fair Political Practice Commission (FPPC) Filing Requirement and Ethics Training Pursuant to the City of Richmond’s Conflict of Interest Code (Appendix G), members of certain boards, commissions, and committees must complete a FPPC, Statement of Economic Interests, Form 700 upon assuming or leaving office and annually during their term. Form 700 filers must also complete mandatory ethics training (AB 1234) every two years. Failure to comply with the FPPC filing and training requirements can result in automatic resignation. The city clerk will notify the specific board members, commissioners, and committee members that are subject to this provision. It is the responsibility of the board member, commissioner, or committee member to notify the City Clerk’s Office immediately upon any changes to their mailing and/or email address.
Attendance
Board members, commissioners, and committee members should inform the staff liaison in advance if they are unable to attend a meeting. Failure to comply with the following attendance rules can result in automatic resignation:
a. Absence from more than three regular meetings within a twelve-month period shall be
deemed an automatic resignation, with the following exception:
The absence of any member from more than eight regularly scheduled meetings of the Design Review Board within any twelve consecutive-month period constitutes an automatic resignation from the Design Review Board.
Within one week of the third absence (eighth absence for Design Review Board members), the board, commission, or committee staff liaison shall remind the board member or commissioner of the absence rule. Upon the fourth absence (ninth absence for Design Review Board members), the staff liaison shall notify the city clerk to issue a notice of automatic resignation and post the vacancy.
b. A member must be present at least one hour, or 50% of the entire meeting, whichever is less, to be counted as present for purposes of attendance.
Excused Absences
Board members, commissioners, and committee members may make a written request to the chair and staff liaison in advance of a meeting to excuse an absence due to scheduling conflicts and religious or cultural holiday. Requests for all other excused absences may be considered on a case-by-case basis by the chair, with consultation from the city clerk (or his/her representative), as necessary.
Automatic Resignation
The following can result in automatic resignation:
a. Failure to comply with the membership requirements outlined in this handbook.
b. Failure to meet any eligibility requirements of the ordinance, resolution or other law establishing the board, commission, or committee or regulating its membership.
Automatic resignation from a board, commission, or committee does not disqualify an individual from subsequently being appointed to the same or any other board, commission or committee. However, if a member is automatically resigned more than two times due to any of the aforementioned reasons or any combination thereof, he/she may not be appointed again to any board, commission, or committee for one year. No board member, commissioner, or committee member shall be appointed to any board, commission, or committee if there are outstanding Conflict of Interest statements or fines; and no board member, commissioner, or committee member shall be appointed to any board, commission, or committee for a period of one year if automatically resigned more than once for failure to file such statements.
Resignation Procedure
A board member, commissioner, or committee member wishing to resign shall submit a letter or e-mail of resignation directly to the city clerk stating his/her effective date of resignation. Once submitted and the Clerk’s Office acknowledges acceptance, a letter of resignation may not be withdrawn. The city clerk shall notify the mayor and staff liaison of such vacancy.
Leaving Office Statement (Form 700)
Within 30 days of an automatic or voluntary resignation, a board member, commissioner or committee member serving on a board, commission or committee subject to annual Fair Political Practice Commission, Statement of Economic Interests, Form 700, will be required to submit a Form 700 leaving
office statement.
Use of City Business Cards, Logo, and Insignia
Board, commission, and committee members may request city business cards, at their own expense, to be used only for official City of Richmond business or promoting the city. The City Clerk’s Office is not responsible for ordering business cards; this is the responsibility of the staff liaison to order business cards from the city’s approved printing vendor. The City Attorney’s Office advises against individual board members, commissioners, and committee members privately printing their own business cards using the city logo or insignia.
CONFLICT OF INTEREST PROHIBITED
Board members, commissioners, and committee members provide advice to the City Council, study various projects and, in the case of certain boards, commissions, and committees, function in a quasi- judicial capacity. Precise relationships vary in that certain of these quasi- judicial determinations may be appealed to the City Council; others may not be. All board members, commissioners, and committee members should be aware of the need to avoid any instances of conflict of interest (Appendix G).
Conflict of interest standards are generally applicable to all boards, commissions, and committees.
Additional requirements may be applicable to particular boards, commissions, and committees.
Influencing the Making of Contracts and Affecting Other Financial Interests The State Political Reform Act, Government Code Sections 81000 et. seq., and the Fair Political Practices Commission (FPPC) Regulation 2 California Administration Code Section 18730 prohibit a board member, commissioner, or committee member from making, participating in making, or attempting to influence the making of any city decision if the board member, commissioner, or committee member knows or has reason to know that it is reasonably foreseeable that the decision will have a material financial effect on specified interests of the board member, commissioner, or committee member or a member of their family distinguishable from its effect on the public generally. A board member, commissioner, or committee member may seek the advice of the City Attorney as to whether he/she should recuse themselves. However, only a formal advice letter from the FPPC will insulate you from enforcement actions by the FPPC. Be sure to seek the advice of the City Attorney or FPPC well before you are required to participate in a matter which would create a possible conflict of interest.
In addition to filing required disclosure statements described below, any such conflict of interest should be publicly disclosed and noted in the official record of the board, commission, or committee. In such cases it is not sufficient simply to abstain from voting; the positive act of verbal disclosure is required.
Disclosure Statements Required
The Government Code of the State of California requires that designated commissions file Fair Political Practices Commission (FPPC), Statements of Economic Interests (Form 700), in which they disclose specified financial interests. The latest City of Richmond Conflict of Interest resolution, located on the City Clerk’s website, specifies each board, commission, or committee which is subject to this requirement and the interests which must be disclosed.
Board members, commissioners, and committee members specified in the current Conflict of Interest resolution must file a Form 700, with the city clerk annually and within thirty days of assuming or leaving office.
If a member has been auto-resigned more than thirty days from a board, commission, or committee for any reason, and the mayor wishes to reappoint that person, the member must first file a "Leaving Office" statement prior to the new appointment. He/she is then required to file another "Assuming Office" statement within thirty days of the new appointment date.
Any board member, commissioner, or committee member who fails to file any required Form 700 within the time specified for such statement will be fined and may be automatically resigned. No board member, commissioner, or committee member shall be appointed to any board, commission, or committee if there is an outstanding Form 700 or fines; and no board member, commissioner, or committee member shall be re-appointed to any board, commission, or committee for one year if auto- resigned for failure to file such disclosure statements.
Incompatible Public Offices
The common law doctrine of incompatible public offices prohibits a public official from occupying two public offices which are incompatible in terms of their duties and/or the likelihood of divided loyalties.
Effective immediately, board members, commissioners, and committee members may no longer be appointed to multiple Richmond boards, commissions or committees. Board members, commissioners, and committee members may apply for appointment to other Richmond boards or commissions in their current position prior to term expiration. However, upon appointment to the new board, commission, or committee, he/she shall immediately submit written notification to the city clerk resigning from their former appointment. Board members, commissioners, and committee members appointed to more than one Richmond board, commission, or committee prior to the date of this handbook, may continue to serve on multiple boards, commissions, and committees to complete each term.
Incompatible Activities for Compensation
Government Code Section 1126 prohibits a public official from engaging in activities for compensation incompatible with their public office. If you are engaged in compensated activities which may be incompatible with your duties as a board member, commissioner, or committee member, please consult the city attorney.
BOARD, COMMISSION, AND COMMITTEE ORGANIZATION
Officers Election and Term of Office
The election of board, commission, and committee officers shall occur annually pursuant to the resolution, ordinance, or bylaws that govern each body. The chairperson and vice chairperson are elected by the majority of the board, commission, or committee for a one-year term and hold office until their successors are elected. No board member, commissioner, or committee member shall serve as chairperson for more than two consecutive years. The results of the vote shall be publicly announced and the vote recorded in the minutes.
Duties of Officers
The chairperson, or in her/his absence, the vice chairperson, performs the following duties:
Presides at all meetings of the board, commission, or committee and ensures that the work of the board, commission, or committee is accomplished. To this end, the chairperson must exert sufficient control of the meeting and ensure that all viewpoints are heard and are considered in a fair and impartial manner.
Approves and signs correspondence and reports on behalf of the board, commission, or committee.
Represents the board, commission, or committee before the City Council with the approval of the board, commission, or committee.
Performs other duties necessary or customary to the office.
Transfer of Chair
In the absence of the chairperson or his/her inability to act, the vice chairperson presides in place of the chairperson. In the event of the absence or the inability to act of both the chairperson and the vice chairperson, the remaining members elect one of their members to act as temporary chairperson.
Vacancies
Board, commission, and committee vacancies as a result of final term expiration and resignations are publicly announced by the mayor at City Council meetings and posted on the city’s website. On or before December 31st of each year, a Notice of Expiration of Terms and Vacancies is published in a newspaper of general circulation, in compliance with the requirements of the Maddy Act, Government Code Section 54972.
DEVELOPMENT OF A WORK PROGRAM
Many boards, commissions, and committees find it effective to establish an optional yearly work program or goals statement. A work program is a planning document that specifies how and when the objectives (outcomes) which the board, commission, or committee expects to accomplish during the fiscal year will be achieved. Goal statements explain the nature and scope of the work to be performed and the time needed to accomplish the goal. The nature of the duties of specific boards, commissions, and committees may determine which method is most suitable.
Designing yearly work programs or goal statements may be done in conjunction with the development of the relevant departmental work plan so that the department and board, commission, or committee’s work will complement each other throughout the year.
MEETING BASICS
Requirement to Meet in Public – Ralph M. “Brown Act”
The Ralph M. Brown Act, commonly referred to as the “Brown Act,” is codified in the California Government Code beginning at Section 54950. The Brown Act mandates that local government business be conducted at open and public meetings, except in certain limited situations (i.e. closed sessions). The central provision of the Brown Act requires all “meetings” of a “legislative body” to be open and public. The Brown Act broadly defines the term “meeting” to include any congregation of a majority of the members of a particular legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body. Richmond boards, commissions, and committees are a “legislative body”. Under the Brown Act, a majority of the members of the legislative body are prohibited from discussing, deliberating about or developing a collective concurrence regarding any item that is within the legislative body’s jurisdiction except as part of a duly noticed public meeting. The purpose of these provisions is to ensure that local governing bodies deliberate in public.
The Brown Act also requires that the public be given notice of the time and place meetings are to be held. As a general rule, a legislative body may not act on or discuss any item that does not appear on the agenda posted for the meeting.
Public Meetings and Public Hearings Notice Requirements The staff liaison will handle all noticing requirements including posting the agenda at City Hall and on the city’s website. The Brown Act does not apply to ad hoc committees.
Regular meetings must be posted seventy-two (72) hours prior to the meeting time. Special meetings must be posted twenty-four (24) hours prior to the meeting time. Where a public hearing is mandated by law, it may vary and the form and timing of the advance notice is most often specified by the law (i.e., land use public hearings).
Public Access Requirement
All public meetings must be held in a wheelchair accessible location. Disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, may be requested by contacting the City Attorney’s Office Americans with Disabilities Act coordinator at (510) 620-6509 at least three business days before the meeting date.
Communication and Public Participation Requirement
The Brown Act protects the public’s right to attend and participate in meetings and requires that agendas for legislative bodies provide an opportunity for the public to address the body. Consult the city clerk for specific requirements and procedures for establishing public comment procedures and time limits for speakers. Boards, commissions, and committees can also conduct public hearings on specific subjects.
The Brown Act requires that an agenda allow for two types of public comment periods. The first is a general audience comment period (i.e., “Public Forum” or “Open Forum”), where the public can comment on any item of interest that is not on the agenda within the jurisdiction of the legislative body.
The second type of public comment period specifically pertains to items on the agenda.
Types of Meetings
Public Hearings
Public hearings are held when required by law or when the board, commission, or committee determines that such a hearing would be desirable. When a hearing is required by law, the procedure for that hearing may also be specified by that law. Most hearings and board, commission, and committee matters are quasi-legislative; the board, commission, or committee is making policy or programmatic recommendations to the City Council. Some hearings are quasi-judicial, such as hearings or permits before the Planning Commission, or Design Review Board. In such quasi-judicial proceedings, special rules may apply. Refer to the specific law or consult the City Attorney’s Office.
Study Sessions and Workshops
Study Sessions are designed to elicit community input and participation in an informal manner, allowing maximum interaction between citizens and board members, commissioners, or committee members to work on issues in an in-depth manner. Study sessions and workshops do not culminate in action at that meeting. Actions or recommendations should be taken at either the next regular meeting or at another publicly announced date and time. In both cases, the board, commission, or committee, when establishing the time and place for the study session or workshop, should determine the period of time available and establish the portion of time to be devoted to comments or presentations by the public.
Public access and communication access requirements must be met for all public hearings, study sessions, and workshops.
Preparation for Meetings
Be prepared. Thoroughly review the agenda packet, including agenda reports, and any other materials before the meeting. The issues that come before advisory bodies are important to the community as a whole and demand your undivided attention. In agreeing to serve on an advisory body, you make a commitment to put in the time required to be fully prepared for
each meeting.
Understand the recommended action you are being asked to take for each agenda item. If you have questions regarding the agenda or an agenda report, contact your staff liaison before the meeting to clarify questions or request further information. Know the responsibilities of your advisory body, as well as the limitations of your individual authority. As a member of an advisory body, you will among other things, be asked to provide recommendations to the City Council about specific issues. Keep in mind that your appointment does not empower you to supervise city staff. Keep an open mind. An objective, balanced, and receptive approach will help you assess the facets of a given issue and evaluate new ideas. When receiving written and oral public testimony it will be necessary to discern between fact and opinion, as well as between those concerns which are relevant and those which are secondary to the issue at hand. Keeping an open mind will make it easier for you to understand all aspects of an issue before you make a judgment or take a position.
Strive to appreciate differences in approach and point of view. Likewise, take care to articulate your own ideas; remember that your individual voice is a critical part of the whole dialogue.
Again, furthering common goals takes cooperation, flexibility, and a broad-based view of the public interest. If in doubt, return to the foundational documents to guide your understanding of the complexities of an issue.
If you are unsure about something during the meeting, ask for clarification. On behalf of the public, your understanding of issues is important. Each advisory body has a staff liaison to provide information to assist the members throughout the decision-making process. E-mail communications can ultimately lead to the exchange of information intended to create collective concurrence among a quorum of advisory body members in violation of the Ralph M.
Brown Act. Therefore, e-mail communications between advisory body members relative to advisory body business should be avoided. While less than a quorum, for example, may appropriately communicate with one another by way of e- mail, the “forwarding” of such an e- mail message on to an additional member could result in a Brown Act violation. The applicant has the right to an efficient process. Unreasonable delay or lack of action is unacceptable. If necessary, make an alternate or additional recommendation that may help to move the item along.
Conduct of Hearing
The procedure to be followed for a public hearing may vary depending, again, on the subject matter and the time available for the hearing. In the instances where a board, commission, or committee acts in quasi-judicial fashion, certain standards of receiving testimony must be met. These would include, but not necessarily be limited to:
Announcement or reading of the subject into the record by the secretary. An overview of the subject and recommendation by the chairperson, board member, commissioner, committee member or staff requesting the public hearing. Public comment from affected parties or interested citizens and receipt of any pertinent documentation.
The hearing shall be formally declared open by the chairperson prior to public comment and formally closed by the chairperson at the conclusion of public comment. If findings are required as a part of the board, commission, or committee action, such findings should be clearly stated for the record. If a board member, commissioner, or committee member must abstain or recuse oneself from participation
due to a potential conflict of interest, or has a disclosure of interest which does not prevent participation, a statement shall be given at the commencement of the hearing.
Action
Any action resulting from the hearing shall be clearly stated in the form of a motion, properly seconded and voted upon. The record should in such cases identify those voting "aye", those voting "no", those abstaining, and those absent.
Action must be by an affirmative vote of at least a quorum of the board, commission, or committee.
Under State law, action is prohibited on any matters which have not been properly noticed.
If no action is to be taken the chairperson should announce this fact, and, if possible, advise the public of the date when action may be expected.
Recordings of Hearings
All hearings should be audio recorded (whenever possible) in addition to the required written set of summary and action minutes that must be provided for every meeting. The minutes once approved by the board, commission, or committee, shall constitute the legal record. Audio recordings of public hearings of quasi-judicial boards, commissions or committees where the minutes have been approved, shall be retained by the staff liaison for at least one year following the decision of the board, commission, or committee or following the final decision of the City Council.
Hearing from the Public
At public meetings, boards, commissions, and committees have the responsibility to hear all viewpoints of the public. In order to ensure all parties are adequately heard, it is necessary to follow the rules of procedures which are often established by the bylaws of the boards, commissions and committees.
These rules most commonly include:
Limiting the time of speakers.
Establishing strict rules regarding rebuttal, if it is decided that rebuttal is permitted. Requesting board, commission, and committee members to hold questions and comments to the end of the public presentation portion of the hearing.
Impartiality and Standards of "Fair Play"
Boards, commissions, and committees shall be aware of the need to maintain basic standards of fair play and impartiality. This awareness must also speak to the need to avoid the appearance of bias. The chairperson has the primary responsibility to ensure that the varying points of view are heard, that the hearing or workshop proceeds in a timely manner, and that the options for future action by the board, commission or committee are clearly stated. Awareness of the varying interests within the Richmond community is essential, and the City Council depends on its boards, commissions, and committees to provide thoughtful advice based on the fullest possible study of the subject and contact with all relevant segments of the community to obtain their input.
No Quorum – Meeting Cancellation
When a quorum cannot be assembled at the time of a meeting, the meeting must be cancelled and those members who are absent will have an absence counted against them. Those members that are present shall wait a maximum time limit of 20 minutes for a quorum prior to cancelling the meeting.
Board members, commissioners, and committee members should inform the staff liaison as far in advance as possible if they are unable to attend a meeting. If it is known in advance that a quorum will not be achieved, the staff liaison should notify all members that the meeting will be cancelled and no
absences will be recorded. The staff liaison must also post a meeting cancellation notice for the public at the meeting location.
MEETING PROCEDURES
Establishment of Meeting Rules
Richmond boards, commissions, and committees follow Rosenberg’s Rules of Order for public meeting proceedings (Appendix F). Each board, commission, or committee may establish additional rules and limit debate. It is the responsibility of the chairperson to control public debate so that everyone has an opportunity to speak and to expedite the business at hand.
Rules of Debate
Chairperson
The chair may debate and may make or second motions. The chair is subject to the limitations of debate that are imposed on all members and shall not be deprived of any of the rights and privileges of a member.
Advisory Body Members
Every advisory body member desiring to speak shall address the chair. Upon recognition by the chair, the member shall confine comments to the question under debate, avoiding all undignified language and references to personalities and abiding by the following rules of civil debate. A member, once recognized, shall not be interrupted except according to rules of parliamentary procedure (e.g., for a point of order, parliamentary inquiry, question of privilege, or appeal of the chair’s procedural ruling).
Public meetings will proceed smoothly if all participants keep the following tenets in mind:
(1) We may disagree, but we will be respectful of one another.
(2) All comments will be directed to the issue at hand.
(3) Personal attacks shall be avoided. They are unacceptable and may result in termination from an appointed position.
Addressing the Advisory Body from the Floor
Securing Permission to Speak - Any person desiring to address the advisory body shall first secure permission from the chair. Any advisory body member may also request of the chair that a member of the public be recognized to speak. Remarks should be directed to the matter being considered.
Individuals addressing the advisory body are requested to give their name in an audible tone of voice for the record and fill out a speaker card if provided. They are not, however, required to provide their name or complete a speaker card. Any applicable time limit shall be as stated in the agenda, or as directed by the chair.
All remarks shall be addressed to the advisory body as a whole and not to any individual member or to members of the audience. Without the permission of the chair, only members and the person addressing the advisory body shall be permitted to enter into any discussion. However, while advisory body members may ask speakers questions, they should not debate matters with them. All remarks shall be delivered in a respectful manner.
Addressing the Advisory Body after Motion Made - After a motion is made by the advisory body, no person shall address the advisory body in regard to that topic except upon the request of the chair, or a
member of the advisory body through the chair.
Order and Decorum in Meetings
Board, Commission, and Committee Conduct
While the board, commission, or committee is in session, the members sh all not interrupt the proceedings of any other member or any member of the public who has the floor.
Conduct of Public in Attendance
Persons attending the meeting should observe the rules and procedures of the board, commission, or committee and should not disrupt the business at hand. For example, no one should disrupt the meeting by shouting, making disruptive noi ses, such as “boos” or hissing sounds; creating or participating in a physical disturbance; speaking out of turn or in violation of the meeting's procedures or rules; preventing or attempting to prevent others who have the floor from speaking; preventing others from observing the meeting; entering into or remaining in an area of the meeting room that is not open to the public; or approaching the advisory body without consent. Any message to or contact with any member of the advisory body while it is in session should be through the staff liaison.
All public comments sh all be addressed to the advisory body as a whole and not to any specific member. No one other than the advisory body and the person having the floor may enter into any discussion, either directly or through a member of the advisory body, without the permission of the chairperson. No question may be asked of a member of the advisory body except through the chair.
After being recognized for this purpose by the chair, any member of the advisory body may briefly respond to comments made during the public comment period or may pose a question to the person speaking at public comment or during a public hearing but may not discuss the matter.
Interested persons may address the advisory body on any issue concerning city business and items on the agenda during the period assigned to public comment on the agenda. Members of the advisory body may ask questions but should not discuss or act in connection with such citizen comment, if the subject is not on the agenda for action. A member of the advisory body may, however, refer a subject to staff or other resources for factual information or for action, if appropriate. The public may also comment during a public hearing on the subject of the public hearing in accordance with any procedures established by the advisory board for this purpose.
Rules of Debate
Presiding Officer May Debate. The presiding officer may debate from the chair, subject only to such limitations of debate by rules imposed on all members of the advisory board, and should not be deprived of any of the rights and privileges of any other member by reason of his/her acting as the presiding officer.
Getting the Floor. Improper references are to be avoided. Every member desiring to speak should address the chair, and upon recognition by the presiding officer, should confine him/herself to the question under debate.
Interruptions
A member of the advisory board, once recognized, should not be interrupted when speaking unless it is to call him to order, or as herein otherwise provided. If a member, while speaking, is called to order, he/she should cease speaking until the question of order can be determined, and if, in order, he/she should be permitted to proceed.
Proceedings
Start meetings on time and keep the size of the agenda in mind in order to give each item the appropriate time.
Announce at the start of a meeting if the order of agenda items is to be rearranged for convenience, for response to those attending only for certain items, or for better pacing of the agenda.
Let the chair run the meeting.
Be fair, impartial, and respectful of the public, staff, and each other. Give your full attention when others speak.
Learn to trust your own good judgment on decisions.
Remember that people may be attending a meeting for the first time, and may be unfamiliar with the procedures. In your discussion, either avoid or explain technical terms or verbal acronyms and abbreviations.
Listen to audience concerns and do not engage in side conversations or otherwise be distracted during public testimony. The opportunity for public testimony is central to the strength of democracy and is therefore encouraged. Active listening, however, does not mean engaging the public in debate. Your response is appropriately saved for after the public testimony is closed.
Close the public testimony before you begin serious deliberation on an issue. Sometimes questions can most effectively focus discussion and direct decision- making.
For example,
For staff:
What is the history behind this item?
What are the benefits and drawbacks?
What other alternatives did you consider?
Is it within this advisory body’s scope of responsibility? If not, would it be best referred to another advisory body or staff?
For other advisory body members:
What do you think about this item?
What have you heard from the residents?
What would it take for you to support this?
For the public (at a hearing):
What are your concerns?
How will this proposal affect you?
What specific, constructive, alternatives can you recommend? How does the public comment or question relate to the decision at hand? For yourself:
What are we trying to accomplish?
What are the long-range interests of the community?
What guidance can be found in our foundational documents? Often you must balance multiple views, neither favoring nor ignoring one individual or group over another. Your obligation is to represent a broad-based view of the community’s long-range interests.
Remember that your advisory body exists to take actions and/or make recommendations.
It is not simply a discussion group or debating society. Endeavor to end meetings at a reasonable hour. Extending the meeting beyond an
appointed hour may be subjected to a vote when that hour nears.
Managing Difficult Meetings
From time to time, boards, commissions, and committees are faced with conducting highly charged controversial meetings. These meetings may involve one unified group or two or more conflicting groups. The group demeanor may be characterized by aggressiveness and hostility. Such meetings really test the mettle of the advisory body and staff. Consider the following:
Before the Meeting
Make agendas and back-up reports easily available to participants. Make sure adequate seating is available. Consider moving to a larger venue if necessary.
Make sure audio and visual equipment are adequate and operational, if applicable. Chairperson and staff should engage in contingency planning before the meeting. During the Meeting
Establish and announce rules at the beginning of the meeting. Before public comment, ask the participants to designate one or more spokespersons, if possible. This may help reduce redundancy and make sure that all sides of the issue will be heard.
Explain the issues, the possible actions, and the procedures that will be followed at the meeting.
Have speakers address the advisory body and not the audience. Some speakers are very adept at inciting audiences; especially if they are permitted to face the audience. Stop shouting. Explain the reasons why such actions are disruptive and counterproductive. For instance: the meeting should provide a forum for all points of view and such displays of support or opposition could intimidate those with an opposing point of view from speaking. In addition, such displays delay the discussion. Do not hesitate to use recesses to help diffuse hostility or aggressiveness. Strongly consider limiting speakers to a set time such as two to three minutes. If such a procedure is used, make sure it is applied fairly and consistently. Consider using speaker cards. These can help identify how many people wish to speak and also whether they support or contest an issue. They also are invaluable in recording the names and addresses of speakers. Recognize, however, that if a person does not wish to fill out a card or give their name, they still have the legal right to speak.
Continue items to a date certain that cannot be decided at the meeting. Items on the agenda that do not get addressed before the meeting adjournment time will automatically be held over to the next regularly scheduled meeting.
CONCLUSION
There is no desire on the part of the City Council or city staff to control a board, commission or committee member’s independent thought or judgment. The City Council appoints only those persons who have the knowledge, ability, and interest in the specifi c advisory body’s purposes so that their contributions will be of assistance. All suggestions and ideas are most welcome, whether presented as a citizen, member of an advisory body, or as a majority vote of an advisory body. However, board,
commission, and committee membership limits a member’s freedom of advocacy before the City Council or other advisory bodies on those issues that are to be considered by the member’s advisory body so that the member can hear the item with an impartial mind. The recommendation of the board, commission, or committee to the City Council should include the position of the body ‘as a whole’ based on the majority vote.
A board, commission, or committee is created as an advisory arm of the City Council as the result of a policy decision. Each has been charged with responsib ilities in specified areas. It may be that a member may disagree with an established policy. This is part of the democratic process, as is the expression of that disagreement in a minority vote. In spite of co nflicting viewpoints, however, it is the process of addressing the issues that are served by the board, commission, or committee action.
The City of Richmond is proud of its citizen participation and extends a hearty welcome to all board, commission, and committee appointees.
APPENDICES
APPENDIX A: Purpose and Function of each City of Richmond Board, Commission and Committee
APPENDIX B: Boards, Commissions and Committees Contacts, Terms/Term Limits, Expiration Dates, Meeting Dates/Locations
APPENDIX C: Resolution No. 24-14 Continuation of Board, Commission and Committee Member Terms
APPENDIX D: Code of Ethics
APPENDIX E: Oath of Allegiance
APPENDIX F: Rosenberg’s Rules of Order
APPENDIX G: Resolution No. 117-19 Amended Conflict of Interest Code
APPENDIX H-1: Board or Commission Application
APPENDIX H-2: Community Police Review Commission Application APPENDIX H-3: Personnel Board Application
APPENDIX H-4: Rent Board Application
APPENDIX H-5: Youth Council Application
APPENDIX H-6: Workforce Development Board Application
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RICHMOND, CALIFORNIA,
January 11, 2022, 5:00 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________
A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 5:00 p.m. by Mayor Thomas K. Butt via teleconference.
B. ROLL CALL
Present: Councilmembers Claudia Jimenez, Eduardo Martinez, Melvin Willis, Gayle McLaughlin, Vice Mayor Demnlus Johnson III, and Mayor Thomas K. Butt. Absent:
Councilmember Nathaniel Bates.
C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Paragraph (1) of Subdivision [d] of Government Code Section 54956.9 C.1.a Richmond Shoreline Alliance,SPRAWLDEF, Citizens for East Shore Parks, Sunflower Alliance, and GreenActionfor Health and Environmental Justice v. City of Richmond
C.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government
Code Section 54957)
C.2.a Title: City Attorney
C.3 PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957.6)
C.3.a Title: City Attorney
D. PUBLIC COMMENT BEFORE CLOSED SESSION
Tarnell Abbott gave comments regarding Item C1.a. and encouraged the city to settle the lawsuit.
Mayor Butt gave comments regarding Assistant City Attorney Heather McLaughlin preventing him from participating in a recent Closed Session discussion and requested a public apology from Ms. McLaughlin.
E. ADJOURN TO CLOSED SESSION
________________________________________________________ The Open Session adjourned to Closed Session at 5:04 p.m. Closed Session adjourned at 6:05 p.m.
F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.
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G. ROLL CALL
Present: Councilmembers Nathaniel Bates, Eduardo Martinez, Mayor Demnlus Johnson III, and Mayor Thomas K. Butt. Absent: Councilmembers Claudia Jimenez, Gayle McLaughlin, and Melvin Willis arrived after the roll was called.
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional Video was shown.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
Items Q-6, O.4.F, and P-1 were continued to the January 18, 2022, City Council meeting.
Item Q-2 was continued to the February 22, 2022, City Council meeting.
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
City Attorney Dave Aleshire stated there were no reportable actions taken.
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
Interim City Manager Shasa Curl reported on the increase in Covid-19 cases throughout the area. Ms. Curl also stated there would be a Covid-19 employee booster policy, which would be implemented in the near future; Community workshop #3 for the potential Vacant Property Parcel Tax would be on January 12, 2022, at 6 p.m. via Zoom; and the Martin Luther King Day of Service was scheduled for Monday, January 17, 2022, from 10 a.m. to 2 p.m. at 16th Street and Ohio Avenue.
M. ABATEMENT REPORT FROM THE PUBLIC WORKS DIRECTOR (public comment allowed under Open Forum)
Public Works Director Joe Leach presented a PowerPoint, which highlighted the following: 7th Street Clean-up; Nevin Avenue Resurfacing; Illegal Dumping; Encampment Abatement of six encampments; City Lot Abatement; and Graffiti Removal.
N. OPEN FORUM FOR PUBLIC COMMENT
Attorney Heather McLaughlin apologized to Mayor Butt for having unintentionally locked him out from attending a recent closed session, which was due to technical error.
Mayor Butt accepted her apology.
Mark Wassberg gave comments regarding Vice Mayor Johnson III’s support for Congresswoman Maxine Waters.
Naomi Williams stated the city should keep the current Interim City Manager in the permanent position. Ms. Williams also thanked Public Works Director Joe Leach for his work and asked the city to hire additional abatement crew.
Jeff Ritterman spoke in support of Item O-2 regarding the events of the January 6, 2021, attack on the U.S. Capitol.
Katrinka Ruk stated concerns for the city moving forward with the Business License Tax and that discussions have not occurred with the business community and how they would be impacted.
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Jessi Taran suggested that all the various task forces should work together to come up with ideas such as the use of vacant land for homeless sites, job training grants, and job training programs in alternative energy.
Councilmember McLaughlin gave comments regarding Item O-2 Condemning the acts of January 6, 2021.
Mayor Butt gave comments regarding the city spending taxpayer money on frivolous lawsuits including the investigation launched against him that cost the city $50,000, in which he was ultimately exonerated.
O. CITY COUNCIL CONSENT CALENDAR
Moved: Vice Mayor Demnlus Johnson II
Seconded: Councilmember Eduardo Martinez
Result: Passed by unanimous vote of the City Council
O.1 City Clerk's Office
O.1.a City Council Minutes
APPROVE the minutes of the November 23 and December 7 and 14, 2021, regular City Council meetings - City Clerk's Office (Pamela Christian 510-620-6513).
O.2 City Council
O.2.a Condemning the horrific events of January 6, 2021, and defending democracy and the sacred right of voting.
Adopted Resolution No. 1-22.
O.3 City Manager's Office
O.3.a Contract with Social & Public Art Resource Center (SPARC) O.4 Finance Department
O.4.a Annual review and adoption of debt policy for fiscal year 2021-2022 Adopted Resolution No. 2-22.
O.4.b Compliance with developer fees
O.4.c Resolution approving investment policy
Adopted Resolution No. 3-22.
O.4.d Investment and Cash Balance report for the month of November 2021 O.4.e Resolution approving Other Post-Employment Benefits (OPEB) funding policy
Adopted Resolution No. 4-22.
O.4.f Annual review and adoption of swap policy for fiscal year 2021-2022 Continued to the January 18, 2022, City Council meeting, O.5 Human Resources
O.5.a Adopt resolution amending the salary schedule
Adopted Resolution No. 5-22.
O.6 Police Department
O.6.a Justice Assistance Grant-funded Purchase Approval
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O.7 Public Works
O.7.a Veolia’s October 2021 Monthly Operating Report
P. PUBLIC HEARINGS
P.1 Appeal of Planning Commission’s approval of a conditional use permit and design review (PLN20-043)
Continued to the January 18, 2022, City Council meeting.
Q. NEW BUSINESS
Q.1 Police Staffing Presentation
Acting Chief Louie Tirona presented a PowerPoint which highlighted the following: Historical Staffing Comparison; Current Staffing Situation; Sworn Positions Budgeted vs. Actual; 2021 Sworn Separations; Retirement Analysis; 2022 Priorities; 2021 Sworn Personnel Allocation; 2022 Sworn Personnel Allocation; Retention, Recruiting and Hiring; National Climate; Regional Challenges; Testing Process; and Recruiting Efforts. Discussion ensued. The following individuals gave comments via teleconference: Mark Wassberg, Steve Bischoff, Naomi Williams, Shawn Dunning, Don Gosney, Jan Mignone, Leisa Johnson, Katrinka Ruk, Deborah Bayer, Madalyn Law, and Jamin Pursell. City Council requested analysis of police M.O.U’s, and further information and discussion on the police department dog bite policy.
Q.2 Update from Chevron Refinery
Continued to the February 22, 2022, City Council meeting.
Q.3 Amendment to legal services agreement with Ellis Investigations, L.C.
Moved: Vice Mayor Demnlus Johnson III
Seconded: Councilmember Gayle McLaughlin
Result: Passed by the following vote: Ayes: Councilmembers Jimenez, Martinez, Willis, McLaughlin, and Vice Mayor Johnson III. Noes: Mayor Butt. Absent:
Abstain: Councilmember Bates.
APPROVE a first amendment to an existing legal services agreement with Ellis Investigations, L.C., to conduct personnel investigations for the City in the amount of $90,000, for a total contract amount of $100,000, for a term of December 21, 2021, through June 30, 2023. Interim Deputy City Manager, Anil Comelo gave an overview of the matter.
Q.4 Legal services agreements in amount of $350,000 per firm Attorney Heather McLaughlin gave an overview of the matter. City Council requested additional information on costs associated with the use of outside legal firms over the past ten years and the possibility of placing a cap on the total amount spend over the term of the contracts. The matter was held over to the February 1, 2022, City Council meeting.
Q.5 Approval of a legal services agreement and amendments to six existing legal services agreements for municipal law litigation City Council requested information on what cases would be handled by each firm.
The matter was held over to the February 1, 2022, City Council meeting.
Q.6 Amendment to legal services contract with Downey Brand law firm Continued to the January 18, 2022, City Council meeting.
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Q.7 2021 Community Survey Results
LaShonda White presented a PowerPoint, which highlighted the following: Uses of Survey Results; Outreach; Survey Respondent Demographics; Positive Trends; Richmond as a Place to Live, Work, and Play; Safety; Economy; Government; Participation; Top Issues to Address in the Next 2 Years; NCS Report on Tableau; Comparison Information; and Geographic Area. Discussion ensued. The following individuals gave comments via teleconference: Shawn Dunning, Leisa Johnson, and Naomi Williams. The community survey is open to anyone who would like to provide input and information regarding Richmond regardless of if they live in the city or not.
R. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
City Clerk Pamela Christian invited the public to the 3rd City Council Redistricting Public Hearing during the January 18, 2022, City Council meeting, at 7 p.m.
Mayor Butt stated he would not attend the January 18, 2022, City Council meeting because he would be at the U.S. Conference of Mayor’s in Washington D.C.
Councilmember Martinez announced the Martin King Jr. Day of Service would be held on Monday, January 17, 2022, at 10 a.m., on the Richmond Greenway.
S. ADJOURNMENT
There being no further business, the meeting adjourned at 10:23 p.m., in memory of Vice Mayor Johnson III’s great aunt Ora Givens, actor Sidney Poitier, and Paul Dees to meet again on January 18, 2022, at 6:30 p.m.
Clerk of the City of Richmond
(SEAL)
Approved:
______________________________________
Mayor
Clerk of the City of Richmond Mayor
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1 RICHMOND, CALIFORNIA,
January 18, 2022, 5:00 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________
A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 5:00 p.m. by Mayor Thomas K. Butt via teleconference.
B. ROLL CALL
Present: Councilmembers Claudia Jimenez, Eduardo Martinez, Melvin Willis, Gayle McLaughlin, Vice Mayor Demnlus Johnson III, and Mayor Thomas K. Butt.
Absent: Councilmember Nathaniel Bates.
C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Paragraph (1) of Subdivision [d] of Government Code Section 54956.9 a. Richmond Shoreline Alliance, SPRAWLDEF, Citizens for East Shore Parks, Sunflower Alliance, and GreenActionfor Health and Environmental Justice v. City of Richmond
b. Quincy Peoples v. Zaidan et al.
c. Hernandez v. Hodges
C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION(Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision(d) [as applicable] of Government Code Section 54956.9):
One Case - Veolia Mediation
D. PUBLIC COMMENT BEFORE CLOSED SESSION
Janet Johnson, Tarnel Abbott, Jeanne Kortz, Andres Soto, Sally Tobin, Judith Piper, and Deborah Bayer, urged the city not to develop the Astra Zenter Site due to it being a Superfund Site, toxic, and detrimental to public health.
E. ADJOURN TO CLOSED SESSION
The Open Session adjourned at 5:17 p.m. Closed Session adjourned at 6:49 p.m.
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2 F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
The Special Meeting of the Richmond Housing Authority was called to order at 8:17 p.m. by Chairperson Butt.
G. ROLL CALL
Present: Commissioners Nathaniel Bates, Claudia Jimenez, Eduardo Martinez, Gayle McLaughlin, Melvin Willis, Vice Chairperson Demnlus Johnson III, Chairperson Thomas K. Butt, and Tenant Commissioner Jaycine Scott. Absent: None.
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional Video was shown.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. REPORT FROM THE EXECUTIVE DIRECTOR
None.
K. AGENDA REVIEW
None.
L. HOUSING AUTHORITY CONSENT CALENDAR
On motion of Commissioner Martinez, seconded by Vice Chairperson Johnson III, the item marked with an (*) were approved by the unanimous vote of the Housing Authority Board of Commissioners.
L.1 Continued use of teleconference technology for meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361
Adopted Resolution No. 2152.
M. ADJOURNMENT
There being no further business, the meeting adjourned at 8:19 p.m.
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3 N. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:55 p.m. by Mayor Butt via teleconference.
O. ROLL CALL
Present: Councilmembers Claudia Jimenez, Gayle McLaughlin, Melvin Willis, Vice Mayor Demnlus Johnson III, and Mayor Tom Butt. Absent: Councilmembers Nathaniel Bates and Eduardo Martinez arrived after roll call.
P. STATEMENT OF CONFLICT OF INTEREST
None.
Q. AGENDA REVIEW
Item V-7 was removed from the Consent Calendar. City Clerk, Pamela Christian stated Item V.1.a. was corrected as follows: Section 4 Order of Business was amended to read: Open Forum for Public Comment for items that remain on the Consent Calendar and Items F, G, and I listed above would be heard under Open Forum.
R. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
City Attorney Dave Aleshire reported that staff was authorized to discuss settlement issues in the matter of Quincy Peoples v. Zaidan, et al. Mr. Aleshire also reported that mediation was scheduled regarding the Veolia matter.
S. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
Interim City Manager Shasa Curl announced that Free Covid tests were available to all and could be ordered through the mail. Ms. Curl also thanked Urban Tilth for organizing the Martin Luther King Day of Service and activities. The Food Bank of Contra Costa and Solano would have a drive through food giveaway on January 27, 2022, from 12:00 p.m.- 4 p.m. at the Civic Center/Barrett Avenue parking lot.
T. REPORT FROM THE IMPLEMENTATION SUB-COMMITTEE FOR
REIMAGINING TASK FORCE (public comment allowed under Open Forum) Marisol Cantu provided a report, which highlighted the following: Unhoused Intervention; Office of Neighborhood Safety; Youthworks, and Bridge Kitchen.
U. OPEN FORUM FOR PUBLIC COMMENT
Mark Wassberg, gave comments regarding rights under the U.S. Constitution.
Tarnel Abbott gave comments regarding rising tides that would affect the proposed Zeneca project. Ms. Abbott also expressed condolences on the death of Mike Parker.
Bobbi Lopez gave comments in support of Consent Calendar Item V.2, regarding the City-Wide Community Benefits Ordinance.
Deborah Small thanked the City Council for supporting the efforts of the Reimagining Public Safety Committee.
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4 Anna Ortiz gave comments regarding the encroachment agreement on Western Drive.
Randy Joseph stated that the Youthworks program had been instrumental in assisting youth and expressed condolences over the death of Mike Parker.
Deborah Bayer and Councilmember Willis gave comments and condolences regarding the passing of Mike Parker.
V. CITY COUNCIL CONSENT CALENDAR
On motion of Councilmember Willis, seconded by Vice Mayor Johnson III, the items marked with an (*) were approved by unanimous vote of the City Council.
V.1 City Clerk's Office
a. Continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill (Ab) 361 Adopted Resolution No. 6-22.
b. Amendments, Updates, and Corrections to the Council Rules and Procedures
(Mayor Butt voted no).
V.2 Economic Development
a. City-Wide Community Benefits Policy (Ordinance)
V.3 Finance Department
a. Annual review and adoption of swap policy for fiscal year 2021-2022 V.4 Human Resources
a. Contract amendment with The Segal Group Inc. (Western States) dba Segal to provide supplemental classification and compensation services V.5 Library and Community Services
a. Love Your Block (LYB) Mini-Grant Program Fiscal Years 2021-2023 V.6 Mayor's Office
a. Appointment(s) to the Richmond-Zhoushan Friendship Commission b. Appointment(s) to the Economic Development Commission c. Appointment(s) to the Human Rights and Human Relations Commission d. Appointment(s) to the Workforce Development Board
e. Appointment(s) to the Housing Advisory Commission
V.7 Public Works
a. Contract Amendment No. 2 to legal services contract with Downey Brand law firm
The City Council expressed concern over the amount of money that had been spent on Veolia matters. A motion made by Vice Mayor Johnson III, seconded by Councilmember Willis, approved the contract by the following vote: Ayes: Councilmembers Jimenez, Martinez, McLaughlin,
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5 Willis, and Vice Mayor Johnson III. Noes: Mayor Butt. Absent: None.
Abstain: Councilmember Bates.
b. Keller Beach sewer line closed-circuit television evaluation Adopted Resolution No. 8-22.
c. Resolution ordering the preparation of the annual engineer’s report for Fiscal Year 2022-2023 regarding improvements and costs for the Marina Bay Landscape and Lighting Maintenance District
Adopted Resolution No. 9-22.
d. Resolution ordering the preparation of the annual engineer’s report for fiscal year 2022-2023 regarding improvements and costs for the Hilltop Landscape Maintenance District
Adopted Resolution No. 10-22.
W. PUBLIC HEARINGS
W.1 Redistricting Public Hearing
City Clerk Pamela Christian announced that it was time, pursuant to public notice, to hold a public hearing to receive public input on draft maps of voting district boundaries as part of the City’s requirement to redistrict the city after the release of the 2020 census data. National Demographics Corporation (NDC) would lead the process. City Clerk Pamela Christian and Chalice Tilton of NDC gave an overview, which highlighted the following: Redistricting Rules and Goals; Demographic Summary of Existing Districts; Draft Maps Summary; and Proposed Sequencing. Discussion ensued. Mayor Butt declared the public hearing open. The following individuals gave comments via teleconference: Jan Mignone, Don Gosney, Linda Whitmore, Michele Rappaport, Linda Whitmore, Katrinka Ruk, Madalyn Law, Mark Wassberg, Leisa Johnson, Naomi Williams, Marena Brown, Oscar Garcia, Lori Hart, Garland Ellis, Michele Rappaport, Kim Hanson, Rita Barouch, Bhavin Khatri, Arto Rentila, Randy Joseph, Norma, and Shawn Dunning. Mayor Butt closed the public hearing. Further discussion ensued and the City Council expressed support for maps 102, 106b, 201, and 202.
The City Council also requested demographics on all the draft maps in order to evaluate them before making a decision. The next public hearing was scheduled on February 1, 2022.
W.2 Amendments to Richmond Municipal Code (RMC) Article 15.04.615 to extend amortization period for nonconforming land uses related to the storage and handling of coal and petroleum coke to December 31, 2026 (PLN21-427)
Pursuant to public notice, it was time to hold a public hearing to Introduce an ordinance (first reading). amending Richmond Municipal Code Sections
15.04.615.050.C and 15.04.615.010.B to extend the amortization period for existing nonconforming land uses related to coal and petroleum coke storage and handling and require the discontinuation of all such uses by December 31, 2026; and; determine that the ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it is not a Project under CEQA (CEQA Guidelines section 15378) and because it is exempt from CEQA pursuant to CEQA Guidelines sections 15301 (existing facilities exemption), 15307 (action to protect natural resources), 15308 (action to protect the environment), and/or 15061(b)(3) (“Common Sense” exemption where there is no reasonable possibility of a significant effect on the environment).
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6 Planning Director, Lina Velasco gave an overview, which highlighted the following: Settlement Agreement; Dust Control Measures; Proposed Amendments; Environmental Review; and Planning Commission Recommendation. Mayor Butt declared the public hearing open. The following individuals gave comments via teleconference: Igor Tregub, Jacob Klein, Mark Wassberg, and Jamin Pursell. Mayor Butt closed the public hearing. A motion by Councilmember Willis, seconded by Councilmember Jimenez, introduced first reading of said ordinance by the unanimous vote of the city council.
W.3 Temporary (45-day) Moratorium on certain building permits related to sewer connections to the Keller Beach Sanitary Sewer
ADOPT an urgency ordinance, pursuant to Government Code Section 65858, establishing a temporary moratorium (45 days) on the issuance of certain building permits for development requiring new sewer connections to the Keller Beac h Sanitary Sewer – Public Works Department (Joe Leach 510-620-5478).
Public Works Director Joe Leach gave an overview. Discussion ensued.
Mayor Butt declared the public hearing open. Bred Gunkel gave comments via teleconference. Mayor Butt closed the public hearing. A motion was made by Councilmember Willis, seconded by Councilmember Martinez, adopted Urgency Ordinance No. 01-22 N.S., by the unanimous vote of the City Council.
W.4 Appeal of Planning Commission's approval of a conditional use permit and design review (PLN20-043)
CONTINUED TO FEBRUARY 1, 2022 – ADOPT a Resolution Denying the Appeal and Affirming the Planning Commission’s conditional approval of a Conditional Use Permit and Design Review, to construct a single-family residence on a vacant parcel located within the -S, Shoreline Overlay district at 357 Western Avenue.
X. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
Mayor Butt and Councilmember Bates stated they would no longer participate in the homelessness ad-hoc committees. Mayor Butt requested volunteers to be appointed to the committees.
Y. ADJOURNMENT
There being no further business, the meeting adjourned in memory of Mike Parker, Neil Shultz, and Alicia Rapco, at 9:51 p.m., to meet again on January 25, 2022.
Clerk of the City of Richmond Mayor
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
Thomas Omolo, Management Analyst II
Subject:
Cannabis Equity Program Implementation and SCI
Consulting Group Contract Amendment
FINANCIAL IMPACT: The total project costs, including staff and consultant time, will be fully funded by the $1,319,360 GO-BIZ Type- II Cannabis Equity Grant awarded by the CA Governor's
Office of Business and Economic Development. Of the
grant proceeds received, $67,356.60 shall fund City staff time and $24,000 shall fund SCI Consulting Group
professional services.
PREVIOUS COUNCIL
ACTION:
November 21, 2017, December 7, 2021
STATEMENT OF THE
ISSUE:
The City of Richmond, City Manager's Office, Economic
Development was awarded a $1,319,360 GO-BIZ Type-II
Cannabis Equity Grant for Local Jurisdictions to
implement the local municipalities Cannabis Equity
Program. The Community Development Department
recently worked with SCI Consulting Group to amend the
City’s cannabis regulations and is seeking approval of a fourth contract amendment to add the grant deliverables to the scope of work and increase the contract budget by $24,000, for a total not to exceed amount of $124,400.
AGENDA
REPORT
March 1, 2022
RECOMMENDED ACTION:
ADOPT a resolution to accept grant funding from the
California Governor's Office of Business and Economic
Development; AUTHORIZE the City Manager or their
designee to execute the necessary agreements with the
California Governor's Office of Business and Economic
Development to accept $1,319,360 in grants funds;
APPROPRIATE the grant funds in the Fiscal Years 2021-
2022 through 2023-2024 budgets; and APPROVE the
fourth amendment to the contract with SCI Consulting
Group to increase the contract amount by $24,000, for a total not to exceed amount of $124,400, to be paid from the GO-Biz grant and amend the contract term to
December 1, 2017 through December 31, 2024 - City
Manager's Office (Shasa Curl/Lina Velasco/Thomas
Omolo 510-620-6512).
DISCUSSION
During the November 21, 2017, Richmond City Council meeting, Councilmembers voiced their desire to develop an equity program for commercial cannabis activities. Beginning April 20, 2021, the City Manager's Office Economic Development staff members worked with SCI Consulting Group , to develop an Equity Assessment and an Equity Manual, establishing an equity program for the City of Richmond. To develop the Equity Assessment and Equity Manual, SCI Consulting Group and City staff members hosted multiple community meetings. They also i nterviewed cannabis stakeholders (current or prospective cannabis operators, prospective equity applicants, non -cannabis private stakeholders, and local business leaders). The interviews provided an in -depth look at the current cannabis industry and provid ed insight into the current strengths and challenges of Richmond's cannabis industry. During the December 7, 2021 City Council meeting, City Councilmembers adopt ed a resolution establishing a city -wide Cannabis Equity Program, including approval of the Equity Assessment and Equity Manual.
On December 14, 2021, City Manager's Office , Economic Development staff members applied for C alifornia Governor's Office of Business and Economic Development (GO - Biz) Type II funding to implement the Cannabis Equi ty Program. In preparation for the application, City staff members and SCI Consulting Group prepared a budget that would support three to five equity applicants from licensing and establishing a Cannabis business to expanding an existing business. Using th is as the base, and adding costs associated with City staff time, consultant support in implementation, and soliciting and acquiring contracts with technical assistance providers, the City requested $1,319,360 in Type II grant funding. On February 7, 2022, GO-Biz released a press release awarding the City of Richmond the $1,319,360, the full amount requested.
The Community Development Department is working with SCI Consulting Group on amending the City's cannabis regulations to allow for adult-use cannabis activities.
March 1, 2022
Therefore, staff seeks a contract amendment to continue working with SCI Consulting Group to update the current Cannabis ordinance and implement Richmond’s Cannabis Equity Program.
RESOLUTION
City staff members seek City Council adoption of the resolution authorizing the State of California Cannabis Equity Act Grant Funding. By adopting the resolution, the City accepts the funds to implement the City-wide Equity Program (Attachment 1).
Additionally, the resolution designates the City Manager or her designee to sign the grant agreement and sign any subsequent extensions and amendments.
IMPLEMENTATION NEXT STEPS
To begin accepting equity applicants, City staff and SCI Consulting Group will need to amend the current Cannabis Ordinance and prepare the application process for the Cannabis Equity Program. Items that need to be completed prior to implementation include:
1) Cost Recovery Analysis – Due to changes in cannabis compliance enforcement from the Richmond Police Department to Richmond Code Enforcement Department, the fee schedule needs to be amended.
2) Ordinance Amendment – The following changes need to be incorporated into the updated Cannabis ordinance:
a. The City's commercial store-front retail licenses are currently capped at three. The City will need to amend the current ordinance to allow for additional licenses to begin accepting equity applicants. b. Include additional setback requirements.
c. Update the Selection Process – The selection process needs to be updated to allow for equity and non-equity applicants to apply. 3) Equity Application and Scoring Criteria – The City adopted the Cannabis Equity Manual, which described eligibility criteria and required documentation for equity applicants. The City will need to develop an application for equity applicants and develop a fair and accurate review process and scoring criteria. 4) Solicitation of Technical Assistance Providers –to support equity applicants with business planning, application review, legal services, and other cannabis and business-related needs.
When the City expands the number of licenses and establishes a process for accepting equity applications and scoring them, it will be ready to accept equity applicants.
COMMUNITY ENGAGEMENT
Once the City has completed the items detailed in the next steps above and before soliciting responses for equity applicants, the City will host at least two community meetings describing the application process and answering questions. These meetings
March 1, 2022
aim to provide all prospective equity applicants with the same information to ensure a fair process for all applicants. The City will have a six (6) to eight (8) week solicitation process for equity applicants. This will ensure that every applicant has enough time to complete the application and collect the necessary documentation.
CONTRACT AMENDMENT
The City of Richmond Community Development Department has an ongoing contract with SCI Consulting Group to update the City's cannabis regulations. The proposed fourth amendment to the contract would modify the scope to support the implementation of the next steps as described above.
The grant deliverables include the following:
Cost Analysis
The City and SCI Consulting Group will conduct a Cost Recovery Analysis to be informed
Ordinance Amendments
Cannabis fee restructuring
Increase the number of retail licenses and other changes, and Equity Application and Scoring Criteria
Support the City of Richmond to develop the Equity Application, Equity Applicant review process, and scoring criteria
All final documents produced by SCI Consulting Group will be made available on the City's website for Richmond residents to review.
Other changes to the contract include updating the terms of the agreement to extend the term to December 31, 2024, increasing the contract amount by $24,000, for a total not to exceed $124,400 sourced from Go-Biz funding, and changing the scope of work (Attachments 2-4).
CONCLUSION
The City of Richmond, City Manager's Office, Economic Development, is seeking the Richmond City Council to adopt a resolution authorizing the City Manager or their designee to execute the necessary agreements with Go-Biz to accept the $1,319,360 in grant funds and to appropriate funds in the FY 2021-2022 to 2023-2024 budgets. Staff are also seeking authorization to amend the current contract with SCI Consulting Group to align with program implementation requirements.
ATTACHMENTS
Attachment 1 - Go-Biz Resolution
Attachment 2 - SCI Consulting Group Proposal
Attachment 3 - Contract Amendment 4
Attachment 4 - Original Contract and Amendment 1-3
Attachment 5 - Grant Award
RESOLUTION NO.
RESOLUTION OF THE CITY OF RICHMOND AUTHORIZING
STATE OF CALIFORNIA CANNABIS EQUITY ACT GRANT FUNDING
The City of Richmond finds:
WHEREAS, the members of the California Legislature have recognized the need for cannabis equity grant funding; and
WHEREAS, funding has been provided to the Governor’s Office of Business and Economic Development to provide grant funds to local governments; and
WHEREAS, the City of Richmond has adopted or operates a local equity program for commercial cannabis activity; and
WHEREAS, the City of Richmond has determined that it will use grant funds from the California Governor’s Office of Business and Economic Development to assist local equity applicants and licensees through its local equity program for commercial cannabis activity as described in its application for grant funds.
NOW, THEREFORE, BE IT RESOLVED that the City Manager, or their designee of the City of Richmond is authorized to execute by electronic signature on behalf of the City of Richmond the grant agreement with the Governor’s Office of Business and Economic Development, including any extensions or amendments thereof and any subsequent grant agreement with the Governor’s Office of Business and Economic Development in relation thereto.
IT IS AGREED that any liability arising out of the performance of this grant agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The Governor’s Office of Business and Economic Development and the State of California disclaim responsibility for any such liability.
*****************
I certify that the foregoing resolution was passed and adopted by Council of the City of Richmond at a regular meeting thereof held March 1, 2022, by the following vote:
YES:
NOES:
ABSTENTIONS:
ABSENT:
______________________________________
CLERK OF THE CITY OF RICHMOND
(SEAL)
APPROVED:
_________________________
Mayor
Approved as to form:
__________________________
City Attorney (Interim)
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 March 1, 2022.
_______________________________________
Pamela Christian, Clerk of the City of Richmond
February 18, 2022
Thomas Omolo
Management Analyst II
Richmond City Manager’s Office, Economic Development
450 Civic Center Plaza
Richmond, CA 94804
Re: City of Richmond – Proposal for Cannabis-Related Consulting Services
Dear Thomas:
SCIConsultingGroup (“SCI”) is pleased to submit this proposal for cannabis-related services to the City of Richmond (“City”) to assist the City with the implementation of Richmond’s Cannabis Equity Program.
SCI proposes to provide the complete suite of services necessary for a successful local cannabis program implementation, as fully described in our Scope of Work:
I. Cost Recovery Analysis
II. Ordinance Amendments
III. Equity Application and Scoring Criteria
SCI is one of California’s top local cannabis policy consulting firms. We have broad and direct experience working with the City of Richmond and other municipalities providing all the services supporting regulated local cannabis businesses. We are currently providing similar cannabis-related equity services to the Cities of Richmond, Palm Springs, and Stockton and are being considered for these services by several other municipalities.
We believe our expert knowledge of the cannabis industry, coupled with our previous experience and knowledge working with the Cit y of Richmond providing cannabis -related services, will serve the City of Richmond well. We look forward to this opportunity in assisting the City with this important project and stand ready to proceed. If you have any questions or require additional information, please do not hesitate to contact me. I can be reached at (707) 430-4300 or via e-mail at [email protected] .
Sincerely,
John Bliss, P.E.
President
_____________________________________________________________________________________________ CITY OF RICHMOND PAGE 2 OF 5
PROPOSAL FOR CANNABIS-RELATED CONSULTING SERVICES
BY SCIConsultingGroup, February 2022
Background and Qualifications
SCI provides cannabis -related advice and broad consulting services to a variety of public agencies in California, including community support analysis, ordinance development, fee studies, taxation, implementation, application process development, applicati on review and scoring, monitoring and compliance, business tax auditing, community outreach and engagement, and social equity consulting.
Our core philosophy and approach towards the implementation of local cannabis policy is more broadly balanced than that of our competitors. Our philosophy comes from our genesis as a solution -based engineering firm that has evolved and developed in-house expertise in public policy, community outreach and social equity. Although our quantitative and regulatory rigor, and attention to detail, are unsurpassed, we balance this with realistic approaches to a real- world challenge, fully understanding and supporting the City’s challenging transition into a regulated and legal cannabis business arena. Hence, SCI balances enforcement of local and State code along with the need to support viable cannabis businesses and to shepherd non-compliant businesses into a safe and regulated environment.
We were perhaps the very first consulting firm to provide a full suite of local c annabis policy implementation services to California municipalities and developed the “6 Key Elements of Cannabis Implementation” approach that is the standard today:
1. Community Research and Outreach (Meetings & Surveys)
2. Health and Safety & Land Use Regulations (Ordinance(s))
3. Full Cost Recovery (Regulatory Fees)
4. Revenue (Taxation Ballot Measures)
5. Local Industry Selections (Application and Selection Process)
6. Monitoring and Compliance (Inspections and Audits)
And more recently, we have added, and become a state leader in:
7. Social Equity (We are currently providing these services to the Cities of Richmond, Palm Springs, and Stockton).
Project Team
Below is a brief description of the proposed team for this project: Kyle Tankard and John Bliss. Kyle will serve as project manager and day-to-day contact.
John Bliss M.Eng., P.E., President John Bliss, a professional engineer and President of SCI, specializes in local cannabis policy, and special revenue consulting. He was instrumental in developing the now -standard implementation process used by most municipalities in California to implement local cannabis policy. Mr. Bliss has had an extensive career developing and implementing equity, diversity and inclusion policy reaching back almost 30 years to the ground -breaking implementation for the City of San Francisco public works construction employment following the Rodney King uprising in 1991. He is a graduate of Brown University with a
_____________________________________________________________________________________________ CITY OF RICHMOND PAGE 3 OF 5
PROPOSAL FOR CANNABIS-RELATED CONSULTING SERVICES
BY SCIConsultingGroup, February 2022
Bachelor of Science Degree in Engineering. He holds a master’s degree in Civil Engineering from The University of California, Berkeley, where he was a Regent's Scholar. Mr. Bliss is a licensed Professional Civil Engineer in the State of California and is a LEED accredited professional.
Kyle Tankard Senior Consultant – Cannabis Business Leader Kyle Tankard serves as the Cannabis Business Leader at SCI providing local cannabis policy expertise in California since 2016. He plays a diverse role, assisting municipalities with all aspects of local cannabis implementation, including regulatory development, taxation policy and cost recovery, cannabis compliance, application review, and cannabis-related public education, equity, and outreach. Mr. Tankard has successfully developed and implemented multiple local cannabis regulatory programs throughout the State, most notably in the Cities of Alameda, Shasta Lake and Richmond. He currently manages a portfolio of over 15 cannabis clients, providing a variety of ongoing cannabis-related services, including application review, plan checks, compliance inspections, and equity analysis and program development. He is a graduate of University of California, Santa Cruz.
Proposed Scope of Work
(Task 1) – Cost Recovery Analysis
SCI will conduct a cost recovery analysis to review and update the City’s existing cannabis fee structure to ensure full cost recovery for expenses incurred by the City related to each step of the cannabis application, permitting, and regulatory process. The goal is to establish a reliable, robust cannabis fee structure that is supported by the community and the local cannabis industry, is Proposition 26 justifiable, and adheres to all State and local regulations.
Deliverables:
• Develop Cannabis Regulatory Fees
• Prepare Resolution, Staff Report, and Supporting Documentation for Council Adoption (Task 2) – Ordinance Amendments
SCI will develop an ordinance amending the City’s existing municipal code related to commercial cannabis activity to address changes to the City’s regulatory process associated with the establishment of the City’s Cannabis Equity Program. The ordinance wil l address changes associated with the number and types of cannabis businesses, location and setback requirements, and the application review and selection process. We will carefully research our work to be compliant with all local and State laws and regulations, and the final ordinance will be reviewed by the City’s legal counsel prior to implementation. Finally, we will help shepherd the ordinance through the approval process.
Deliverables:
• Develop Ordinance Amendments
• Prepare Resolution, Staff Report, and Supporting Documentation for Council Adoption • Attend Council Meetings
_____________________________________________________________________________________________ CITY OF RICHMOND PAGE 4 OF 5
PROPOSAL FOR CANNABIS-RELATED CONSULTING SERVICES
BY SCIConsultingGroup, February 2022
(Task 3) – Equity Application and Scoring Criteria
SCI will develop and design a transparent and fair application process for the evaluation, ranking, and selection of cannabis equity applicants. Our goal for this task is to provide the City with a fair model of selection that favors equity, community safety, longevity, and sustainability. We want to ensure that as part of the application process, the applicant is completely familiar with the application process, and understands the potential time and financial investment and the regulatory process. SCI will develop application procedures and guidelines, application forms, and all other required documents.
Deliverables:
• Develop Equity Program Eligibility Application Form
• Develop Competitive Application, Review Process, & Selection Criteria Cost Estimate
In consideration for the Tasks as detailed in the Scope of Work, t he estimated compensation is detailed below by task:
Work Plan Fee
Cost Recovery Analysis $ 3,500
Ordinance Amendments $ 5,000
Equity Application and Scoring Criteria $ 15,000
SCI Staff Hourly Rate
President $ 291
Senior Cannabis Consultant $ 291
Cannabis Consultant $ 229
Support Staff $ 73
Incidental costs incurred for the purchase of additional travel and other out -of-pocket expenses will be reimbursed at actual cost, with the total not to exceed $500 per year without prior authorization from the City. The scope of services includes one face -to-face staff planning meeting. Any additional face -to-face meetings, if required, shall be billed at the rate of $550 per person, per meeting. SCI is available to meet via teleconference call on a regular basis at no additional charge.
_____________________________________________________________________________________________ CITY OF RICHMOND PAGE 5 OF 5
PROPOSAL FOR CANNABIS-RELATED CONSULTING SERVICES
BY SCIConsultingGroup, February 2022
References
Some of SCI’s most current and recent similar cannabis-related services provided:
City of Palm Springs
Contact: Veronica Goedhart, Director of Special Program Compliance [email protected]; (760) 322-8370, ext. 8370 Services: Cannabis Social Equity Assessment; Equity Program Development and Implementation
City of Stockton
Contact: Stephanie Ocasio, Assistant Director of Community Development [email protected]; (209) 937-8544
Services: Community Outreach and Stakeholder Engagement; Cannabis Social Equity Assessment; Equity Program Development and Implementation
City of Coalinga
Contact: Sean Brewer, Community Development Director [email protected]; (559) 935-1533, ext. 124
Services: Community Outreach and Stakeholder Engagement; Cannabis Social Equity Assessment; Equity Program Development and Implementation
A full list of our current and past cannabis clients is listed below:
Cities Counties
Alameda El Monte National City Santa Clara Alameda
Avalon Encinitas Nevada City Shasta Lake San Benito
Coalinga Fairfield Oroville Stockton San Luis Obispo
Colfax La Mesa Palm Springs Vallejo Tuolumne
Concord Livingston Richmond West Hollywood
Davis Lompoc San Bernardino Woodlake
Dunsmuir Merced San Carlos Yreka
CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
P.R. No: Vendor No: P.O./Contract No:
Description of Services:
Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)
Term, Payment Limit and Service Plan
Payment Limit and Service Plan
Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]
2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.
3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
Contract Amendment/EJ/TE 09-26-07
4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.
5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.
6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Signatures. These signatures attest the parties’ agreement hereto:
CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:
I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.
By _______________________
City Clerk
Approved as to form:
By_______________________
City Attorney
List of Attachments:
1. Amendment Provisions
2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President
and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)
1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
____________________________________________________________ (Insert original contract commencement date)
and it terminates
___________________________________________________.
(Insert new contract termination date)
unless sooner terminated as provided herein."
2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”
3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
February 18, 2022
Thomas Omolo
Management Analyst II
Richmond City Manager’s Office, Economic Development
450 Civic Center Plaza
Richmond, CA 94804
Re: City of Richmond – Proposal for Cannabis-Related Consulting Services
Dear Thomas:
SCIConsultingGroup (“SCI”) is pleased to submit this proposal for cannabis-related services to the City of Richmond (“City”) to assist the City with the implementation of Richmond’s Cannabis Equity Program.
SCI proposes to provide the complete suite of services necessary for a successful local cannabis program implementation, as fully described in our Scope of Work:
I. Cost Recovery Analysis
II. Ordinance Amendments
III. Equity Application and Scoring Criteria
SCI is one of California’s top local cannabis policy consulting firms. We have broad and direct experience working with the City of Richmond and other municipalities providing all the services supporting regulated local cannabis businesses. We are currently providing similar cannabis-related equity services to the Cities of Richmond, Palm Springs, and Stockton and are being considered for these services by several other municipalities.
We believe our expert knowledge of the cannabis industry, coupled with our previous experience and knowledge working with the Cit y of Richmond providing cannabis -related services, will serve the City of Richmond well. We look forward to this opportunity in assisting the City with this important project and stand ready to proceed. If you have any questions or require additional information, please do not hesitate to contact me. I can be reached at (707) 430-4300 or via e-mail at [email protected] .
Sincerely,
John Bliss, P.E.
President
_____________________________________________________________________________________________ CITY OF RICHMOND PAGE 2 OF 5
PROPOSAL FOR CANNABIS-RELATED CONSULTING SERVICES
BY SCIConsultingGroup, February 2022
Background and Qualifications
SCI provides cannabis -related advice and broad consulting services to a variety of public agencies in California, including community support analysis, ordinance development, fee studies, taxation, implementation, application process development, applicati on review and scoring, monitoring and compliance, business tax auditing, community outreach and engagement, and social equity consulting.
Our core philosophy and approach towards the implementation of local cannabis policy is more broadly balanced than that of our competitors. Our philosophy comes from our genesis as a solution -based engineering firm that has evolved and developed in-house expertise in public policy, community outreach and social equity. Although our quantitative and regulatory rigor, and attention to detail, are unsurpassed, we balance this with realistic approaches to a real- world challenge, fully understanding and supporting the City’s challenging transition into a regulated and legal cannabis business arena. Hence, SCI balances enforcement of local and State code along with the need to support viable cannabis businesses and to shepherd non-compliant businesses into a safe and regulated environment.
We were perhaps the very first consulting firm to provide a full suite of local c annabis policy implementation services to California municipalities and developed the “6 Key Elements of Cannabis Implementation” approach that is the standard today:
1. Community Research and Outreach (Meetings & Surveys)
2. Health and Safety & Land Use Regulations (Ordinance(s))
3. Full Cost Recovery (Regulatory Fees)
4. Revenue (Taxation Ballot Measures)
5. Local Industry Selections (Application and Selection Process)
6. Monitoring and Compliance (Inspections and Audits)
And more recently, we have added, and become a state leader in:
7. Social Equity (We are currently providing these services to the Cities of Richmond, Palm Springs, and Stockton).
Project Team
Below is a brief description of the proposed team for this project: Kyle Tankard and John Bliss. Kyle will serve as project manager and day-to-day contact.
John Bliss M.Eng., P.E., President John Bliss, a professional engineer and President of SCI, specializes in local cannabis policy, and special revenue consulting. He was instrumental in developing the now -standard implementation process used by most municipalities in California to implement local cannabis policy. Mr. Bliss has had an extensive career developing and implementing equity, diversity and inclusion policy reaching back almost 30 years to the ground -breaking implementation for the City of San Francisco public works construction employment following the Rodney King uprising in 1991. He is a graduate of Brown University with a
_____________________________________________________________________________________________ CITY OF RICHMOND PAGE 3 OF 5
PROPOSAL FOR CANNABIS-RELATED CONSULTING SERVICES
BY SCIConsultingGroup, February 2022
Bachelor of Science Degree in Engineering. He holds a master’s degree in Civil Engineering from The University of California, Berkeley, where he was a Regent's Scholar. Mr. Bliss is a licensed Professional Civil Engineer in the State of California and is a LEED accredited professional.
Kyle Tankard Senior Consultant – Cannabis Business Leader Kyle Tankard serves as the Cannabis Business Leader at SCI providing local cannabis policy expertise in California since 2016. He plays a diverse role, assisting municipalities with all aspects of local cannabis implementation, including regulatory development, taxation policy and cost recovery, cannabis compliance, application review, and cannabis-related public education, equity, and outreach. Mr. Tankard has successfully developed and implemented multiple local cannabis regulatory programs throughout the State, most notably in the Cities of Alameda, Shasta Lake and Richmond. He currently manages a portfolio of over 15 cannabis clients, providing a variety of ongoing cannabis-related services, including application review, plan checks, compliance inspections, and equity analysis and program development. He is a graduate of University of California, Santa Cruz.
Proposed Scope of Work
(Task 1) – Cost Recovery Analysis
SCI will conduct a cost recovery analysis to review and update the City’s existing cannabis fee structure to ensure full cost recovery for expenses incurred by the City related to each step of the cannabis application, permitting, and regulatory process. The goal is to establish a reliable, robust cannabis fee structure that is supported by the community and the local cannabis industry, is Proposition 26 justifiable, and adheres to all State and local regulations.
Deliverables:
• Develop Cannabis Regulatory Fees
• Prepare Resolution, Staff Report, and Supporting Documentation for Council Adoption (Task 2) – Ordinance Amendments
SCI will develop an ordinance amending the City’s existing municipal code related to commercial cannabis activity to address changes to the City’s regulatory process associated with the establishment of the City’s Cannabis Equity Program. The ordinance wil l address changes associated with the number and types of cannabis businesses, location and setback requirements, and the application review and selection process. We will carefully research our work to be compliant with all local and State laws and regulations, and the final ordinance will be reviewed by the City’s legal counsel prior to implementation. Finally, we will help shepherd the ordinance through the approval process.
Deliverables:
• Develop Ordinance Amendments
• Prepare Resolution, Staff Report, and Supporting Documentation for Council Adoption • Attend Council Meetings
_____________________________________________________________________________________________ CITY OF RICHMOND PAGE 4 OF 5
PROPOSAL FOR CANNABIS-RELATED CONSULTING SERVICES
BY SCIConsultingGroup, February 2022
(Task 3) – Equity Application and Scoring Criteria
SCI will develop and design a transparent and fair application process for the evaluation, ranking, and selection of cannabis equity applicants. Our goal for this task is to provide the City with a fair model of selection that favors equity, community safety, longevity, and sustainability. We want to ensure that as part of the application process, the applicant is completely familiar with the application process, and understands the potential time and financial investment and the regulatory process. SCI will develop application procedures and guidelines, application forms, and all other required documents.
Deliverables:
• Develop Equity Program Eligibility Application Form
• Develop Competitive Application, Review Process, & Selection Criteria Cost Estimate
In consideration for the Tasks as detailed in the Scope of Work, t he estimated compensation is detailed below by task:
Work Plan Fee
Cost Recovery Analysis $ 3,500
Ordinance Amendments $ 5,000
Equity Application and Scoring Criteria $ 15,000
SCI Staff Hourly Rate
President $ 291
Senior Cannabis Consultant $ 291
Cannabis Consultant $ 229
Support Staff $ 73
Incidental costs incurred for the purchase of additional travel and other out -of-pocket expenses will be reimbursed at actual cost, with the total not to exceed $500 per year without prior authorization from the City. The scope of services includes one face -to-face staff planning meeting. Any additional face -to-face meetings, if required, shall be billed at the rate of $550 per person, per meeting. SCI is available to meet via teleconference call on a regular basis at no additional charge.
_____________________________________________________________________________________________ CITY OF RICHMOND PAGE 5 OF 5
PROPOSAL FOR CANNABIS-RELATED CONSULTING SERVICES
BY SCIConsultingGroup, February 2022
References
Some of SCI’s most current and recent similar cannabis-related services provided:
City of Palm Springs
Contact: Veronica Goedhart, Director of Special Program Compliance [email protected]; (760) 322-8370, ext. 8370 Services: Cannabis Social Equity Assessment; Equity Program Development and Implementation
City of Stockton
Contact: Stephanie Ocasio, Assistant Director of Community Development [email protected]; (209) 937-8544
Services: Community Outreach and Stakeholder Engagement; Cannabis Social Equity Assessment; Equity Program Development and Implementation
City of Coalinga
Contact: Sean Brewer, Community Development Director [email protected]; (559) 935-1533, ext. 124
Services: Community Outreach and Stakeholder Engagement; Cannabis Social Equity Assessment; Equity Program Development and Implementation
A full list of our current and past cannabis clients is listed below:
Cities Counties
Alameda El Monte National City Santa Clara Alameda
Avalon Encinitas Nevada City Shasta Lake San Benito
Coalinga Fairfield Oroville Stockton San Luis Obispo
Colfax La Mesa Palm Springs Vallejo Tuolumne
Concord Livingston Richmond West Hollywood
Davis Lompoc San Bernardino Woodlake
Dunsmuir Merced San Carlos Yreka
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), 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, employees 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 coverage, 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), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement 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 coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
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” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
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 aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
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. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements 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.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
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.
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.
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 coverage’s and cover those insured in the underlying policies.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
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 Manger. 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.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
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 on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE 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. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
4/21/2021
Arthur J. Gallagher & Co.
2121 N. California Blvd., Suite 350
Walnut Creek CA 94596
925-299-1112
925-299-0328
[email protected]
Sentinel Insurance Company Ltd
11000
SCICONS-01
Gemini Insurance Company
10833
SCI Consulting Group
Consequence Properties
4745 Mangels Boulevard
Fairfield CA 94534-4319
Markel Insurance Company
38970
181282869
A
X
2,000,000
X
1,000,000
10,000
2,000,000
4,000,000
X
57SBARH8313DX
4/20/2021
4/20/2022
4,000,000
A
2,000,000
X
X
57SBARH8313DX
4/20/2021
4/20/2022
A
X
X
1,000,000
57SBARH8313DX
4/20/2021
4/20/2022
1,000,000
C
X
MWC000353311
4/20/2021
4/20/2022
1,000,000
1,000,000
1,000,000
B
Service & Technical Professional
Liability - Claims Made
Retroactive Date: 12/17/1998
VCPL066555
12/17/2020
12/17/2021
Each Claim
Aggregate
Deductible
$2,000,000
$2,000,000
$25,000
Excess Liability coverage is in excess of General Liability and Auto Liability Only The City of Richmond, its officers, agents, and employees are included as additional insured per form SS0008 04 05 attached as respects general liability and auto liability. Primary Wording applies per form SS0008 04 05 attached. Written contract required.
City of Richmond
450 Civic Center Plaza
Richmond CA 94804
USA
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