(i) Permittee shall remove all painted USA markings after completion of work. (j) Permittee shall replace and restore all damaged pavement markings and striping.
12.30.160 – Defects
(a) Depressed trench pavement shall be repaired as follows:
(1) Wearing surface defects: remove and restore wearing surface. (2) Major defects: excavate, remove and restore surface and base.
(b) City Inspector will determine the severity of the defect. Work that does not comply with the above requirements shall be rejected, removed, and redone by Permittee to City Engineer’s satisfaction.
(c) Permittee bears responsibility for any roadway defects over and adjacent to the trench that appear after Permittee restores the trench. Permittee shall maintain, repair, and/or reconstruct the excavation site’s affected area until City reconstructs, repaves, or resurfaces the street.
(d) If trench-related failure occurs after City reconstructs, repaves, or resurfaces the street, the Facility’s owner shall be responsible for repair if the failure occurs within one (1) year of trench repair.
(e) When City determines that an excavation, or a defect, is hazardous or constitutes a public nuisance, or poses an imminent threat to public health, safety, or welfare, City Engineer may order Permittee to remedy the condition immediately.
(f) If Permittee refuses or fails to make the needed repairs immediately as ordered by City, then City will make the repairs and:
(1) Permittee will be charged all the actual costs including administration, construction, consultant fees, equipment, inspection, notification, and remediation made necessary by Permittee’s action or inaction.
(A) City’s repair or restoration does not relieve the Permittee from liability for future pavement failures.
(2) If Permittee fails or refuses to pay the restoration cost, City may use any legal means to recover the costs, including but not limited to, property liens and/or court action. In such action, City shall be entitled to recover its reasonable attorneys’ fees and costs.
PART 3 – PRIVATE LANDOWNER ENCROACHMENT(S) INTO UNIMPROVED
PORTIONS OF PUBLIC ROW
12.30.170 – Private Landowner Encroachments
(a) As a general rule, a Landowner has no authorization to construct or place Facilities in the ROW. Under special circumstances, Facilities may be allowed on a ROW provided the Landowner applies for, and enters into, an Encroachment Agreement. No placement or building of Facilities in the ROW adjacent to, or abutting, Landowner’s property shall be allowed without an Encroachment Agreement.
(b) Generally, all provisions of Part(s) 1 and 2 shall apply to this Part 3; except, in the event of conflict, the provisions hereof shall apply to this Part 3.
(c) The Encroachment Agreement shall be in a form approved by the City Attorney; and include all relevant provisions of this Chapter; and be enforceable by the City. As a license, the Encroachment is revocable, pursuant to Part 6 hereof, at any time.
(d) Exemptions.
(1) A Landowner may install minimal, low-height landscaping (e.g., ground cover; native grasses; succulents) in the adjacent or abutting ROW without an Encroachment Agreement.
(2) A Landowner may install curb cuts and driveways if part of a permitted improvement to provide on-site parking. See RMC Chapter 12.36.
12.30.180 – Encroachment Agreement Application
(a) To apply, the Landowner shall send a letter to the City Engineer requesting an Encroachment Agreement. The Landowner’s written communication shall provide justification(s) as to why the proposed encroachment into the ROW creates a unique circumstance necessitating an Encroachment Agreement.
The Landowner’s written letter of application shall include each of the following:
(1) Name, address, and telephone number of the Applicant;
(2) Name, address, and telephone number of the contractor(s) if a contractor will perform any proposed work;
(3) Location, purpose, extent, and nature of the proposed work;
(4) Period of time when the proposed work will be performed;
(5) Traffic and pedestrian control plan for the proposed work’s location;
(6) Certificate of insurance from Applicant’s and contractor’s insurance carrier in a form satisfactory to the City;
(7) Detailed plan(s) showing all Facilities to be located in the ROW, including the material of construction; horizontal and vertical locations with respect to property and grade line(s); existing utilities; and all other pertinent Facilities;
(8) The City shall provide written notice by first class mail to adjacent and abutting owners of properties located within 300 feet of the proposed Encroachment.
(9) Any other specifications, analyses, or materials required by the City Engineer to describe the work; its location in, and its effect on, the ROW, including the mode of operation, maintenance and use;
(10) Encroachment Agreement fee set forth in the City’s Master Fee Schedule.
(11) A deposit sufficient to cover the cost of notice specified by Section
12.30.200, below.
(12) A deposit sufficient to cover costs of preparation and recordation of the Encroachment Agreement as determined by the City Attorney and shall include title review.
(b) When the written application for the Encroachment is submitted to the City, the Owner must also:
(1) Post and maintain notices at proposed Encroachment’s initial and terminal point(s) and every 300 feet in between, unless the length is less than 100 feet, in which case only one (1) notice need be posted at a prominent and readily visible location;
(2) Notices will be sized eleven by seventeen inches (11” x 17”) and include one (1)-inch minimum sized letters containing:
(A) Applicant’s name(s), address(es), and telephone number(s); (B) Description and diagram of proposed Encroachment;
(C) Proposed Encroachment project’s start and completion date(s); (D) Contact person’s name, address and twenty-four (24)-hour telephone number for proposed Encroachment, if different from (2)(A), above; (E) Location and date of public hearing on application; (F) Method by which interested parties may acquire a copy of said application.
(3) The notice(s) shall remain posted in good condition so long as the project is active and until its completion.
(c) In signing the application, the Landowner attests that all information in support of the application is true and correct.
12.30.190 – Findings and Conditions
(a) Applicants shall be subject to the conditions that follow below:
(1) Findings.
(A) Complete application contains all necessary, supporting information.
(B) The Encroachment does not conflict with adopted street improvements or similar plans, or any in development or that can be anticipated.
(C) The Encroachment does not pose a public health or safety hazard as determined by City Engineer.
(D) The Encroachment does not substantially obscure the main property frontage.
(E) The Encroachment does not adversely impact or affect adjacent properties; and/or result in Facilities discordant or inconsistent with other structures placed or erected upon the main property or in the existing ROW; and or make gratuitous use of ROW if the property is not strictly necessary for the proposed use.
(F) The Encroachment has a sufficient setback from street curbs or pavement edges and does not negatively impact the area’s reasonable use. A standard setback should be no fewer than three (3) feet, subject to City Engineer’s determination that the area’s conditions or environment allows otherwise.
(2) Conditions.
(A) Landowner shall obtain all necessary approvals from City’s Planning, Building, and Engineering Department(s), and any impacted utility companies or video service providers, prior to the placement and construction of Encroachment(s).
(B) Landowner shall provide City with Certificates of General Liability Insurance, subject to the City Attorney’s and City Manager’s satisfaction. Landowner will provide these Certificates to the City annually by the anniversary date.
Landowner must notify City thirty (30) days prior to any cancellation or change in their insurance.
(C) Placement and construction of the Encroachment, if granted, shall be solely at the landowner’s expense. City Engineer shall establish standards by which the Encroachment shall be placed and shall be constructed in conformance with same.
(D) Landowner shall maintain the Encroachment as required by City Engineer and shall remove any and all of the Encroachment without any expense to, or replacement of improvements by City or public utility company upon ninety (90) days’ notice by City, or immediately by City, whenever, in City’s opinion, the condition of the Encroachment is determined to constitute a hazard to safety, health or public welfare or the affected area is needed for municipal or public utility purposes. City Engineer may require a deposit, or other security in a form
approved by the City Attorney, for any damage to infrastructure or removal of the Encroachment. Following the removal of the Encroachment, the Landowner shall restore the ROW to a condition approximately the same as the condition of the right of way prior to installation of the encroachments.
(E) Landowner shall remove the curb side parking in front of the Encroachment if the City determines that public health or safety necessitates it.
(F) Landowner shall maintain the area over which said Encroachment is located, in a manner the City Engineer requires, for the life of the Encroachment Agreement.
(G) Landowner shall restore the sidewalks over the Encroachment for the public use when the Encroachment is terminated, modified, deviated from the original Encroachment improvement, or rescinded by City for any reasons.
(H) Landowners shall indemnify, defend, and hold harmless City and all its Councilmembers, employees, officers and agents from all liability, claims, suits, damages, attorney’s fees, costs and expenses resulting from injury or damage to persons or property which may result from the maintenance, placement and/or construction of the Encroachment.
(I) Insurance.
(i) Landowner shall provide certificates of general liability insurance satisfactory to the City Attorney and Risk Manager. Certificates of liability insurance must be provided to the City annually.
(ii) Landowner must notify City thirty (30) days prior to cancellation or change in said insurance. General Liability insurance with minimum limits of $1 million per occurrence and $2 million in the aggregate shall be maintained at all times during the term of the Encroachment Agreement.
(iii) Additional insured: The City, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of ownership, maintenance or use of the part of the premises located within the Encroachment area. An additional insured form CG 2012, or equivalent, is required. Landowner shall provide Certificate of Insurance naming the City as additional insured with the liability insurance limit(s) of $1 million for each occurrence and $2 million in the aggregate.
(iv) Landowner’s insurance coverage must be primary as it pertains to the City, and the City’s insurance or self-insurance shall not be called upon to contribute to any loss or claim.
(v) Landowner’s insurance will provide a waiver of subrogation in favor of the City by virtue of payment of loss by landowner’s insurance coverage.
(vi) Landowner shall maintain continuous coverage for the life of the Encroachment Agreement. Should Landowner fail to maintain insurance as required, 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 Encroachment Agreement or other action as the City deems appropriate.
(vii) If the Encroachment Agreement application is approved, the finalized Encroachment Agreement shall be recorded in the office of the County Recorder of Contra Costa County, California. The terms and conditions of the Encroachment Agreement shall be binding on the legal owner(s) of the property and any legal successor(s) or assign(s), including future bona fide purchaser(s).
(J) The Encroachment does not obstruct:
(i) More than nine (9) feet of a one (1)-way street travel lane, which includes space for a four (4)-foot sidewalk on each side;
(ii) More than eighteen (18) feet of a two (2)-way street travel, which includes space for a four (4)-foot sidewalk on each side.
12.30.200 – Public Hearing Required
All Encroachment Agreement applications shall be subject to a public hearing by the granting authority, which shall be the City Council.
(a) The City Council shall conduct a public hearing on the application for an Encroachment Agreement. The City Clerk’s Office shall set a time and place for such hearing, which shall be held within thirty (30) days of the City’s receipt of a complete application.
(b) At least ten (10) days before the public hearing, the City shall make available to the public copies of the Encroachment Agreement application in the office of the City Clerk.
(c) Additionally, at least ten (10) days before the hearing, if the hearing date is different than the date on the notice provided in Section 12.30.180, the date on the posted notice shall be corrected.
(d) In addition to the posting of notice, a public hearing notice shall be mailed not fewer than ten (10) days prior to the date of such hearing to all property owners having property, and each residential or other unit, within three hundred (300) feet of the application’s subject property.
(e) After receiving public comment at the hearing, the City Council shall approve, deny, or modify the Encroachment Agreement based on the required findings of Section
12.30.190 within thirty (30) days following the hearing.
(f) Findings for approving an Encroachment Agreement are set forth in Section
12.30.190(a)(1)(A-F).
(g) The City shall promptly notify the Applicant in writing of its decision on the Encroachment Agreement application. The City shall also mail notice of its decision to members of the public who have requested notice.
PART 4 – EASEMENTS
12.30.210 – Easements
(a) In addition to any other method for the creation of an Easement, an Easement may be created by a recorded declaration and covenant of Easement made by an owner of real property to the City, or granted by the City, in accordance with the procedures set forth in this chapter.
(b) Purpose. An Easement may be created pursuant to this chapter for one or more of the following purposes: parking, ingress, egress, emergency access, light and air access, landscaping, open space purposes, or other purposes in accordance with law.
(c) Methods of Creation.
(1) Dedication.
(A) With City’s consent, an irrevocable offer of dedication may be made of real property for any public purpose, including, but not limited to, streets, highways, paths, alleys, including access rights and abutter’s rights, drainage, open space, public utility or other public Easements, parks, or other public places.
(B) Dedication shall be executed, acknowledged, and recorded in the same manner as a conveyance of real property and in a form approved by the City Attorney.
(C) Such offer of dedication, when recorded in the office of the county recorder where the property is located, shall be irrevocable. Any offer must be accepted to be effective pursuant to section (B), above. Once the offer is recorded and irrevocable, it can be accepted by the City Council.
(D) Offer of dedication for street and highway purposes may be terminated and right to accept offer may be abandoned pursuant to the Street Vacation provisions below, in Part 5.
(E) The above procedure shall be alternative to any other procedure authorized by law.
(2) Ordinance.
(A) The City Council may adopt an ordinance pursuant to Government Code Section 65870, et seq., imposing a private covenant for a public Easement as follows:
(1) Recording a covenant of Easement made by an owner of real property to the City.
(2) At the time of the recording, all real property benefited or burdened by the covenant shall be in common ownership.
(3) Covenant shall be effective when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the California Civil Code, except that it shall not merge into any other interest in the real property.
Section 1104 of the Civil Code shall be applicable to conveyance of the affected real property.
(4) A covenant of Easement so recorded shall describe the real property subject to the easement and the real property benefited thereby. The covenant of Easement shall also identify the approval, permit, or designation granted which relied upon or required the covenant.
(5) A covenant executed pursuant to this section shall be enforceable by the City. Covenants shall run with the land and shall be equitable servitudes. The City’s interest may include the streets and highways and other interests abutting the burdened property.
(6) The creation or release of the interests may require review by the Planning Commission for conformity with the General Plan under California Government Code Section 65402.
(7) Ordinance shall provide a procedure for the release of the covenant. The procedure shall require a public hearing by the agency designated by the ordinance for that purpose. The hearing shall be held at the request of any person whether or not that person has title to the real property.
(8) Upon a determination that the restriction of the property is no longer necessary to achieve the City’s land use goals, a release shall be recorded by the City in the county where the restricted property is located.
(9) The ordinance may provide for the imposition of fees to recover the reasonable costs of processing the release from those persons requesting the release pursuant to this section.
PART 5 – STREET VACATIONS
12.30.220 – Street Vacations
(a) Under certain conditions, an existing public Easement may no longer be necessary due to a variety of reasons such as changed conditions, topography, etc. The property owner can seek a vacation of an Easement by submitting an application and paying the applicable fees. The City typically only has Easement-holder status in the ROW of public streets, alleys, or walks, and the adjoining property owners have the underlying fee interest. Applicant should contact a title company to perform a title search of the underlying fee interest of the proposed vacation area prior to submitting application. If the City owns the underlying fee interest, a request for purchase of the City-owned property must be processed through the appropriate City department. (b) Applications may be obtained from City Engineer. Requirements include payment of filing fees as listed in the Master Fee Agreement, signature of the Applicant, a legal description, and a scaled plot plan.
12.30.230 – Summary Vacations
(a) Pursuant to California Streets and Highways Code section 8300, et seq., if the vacation affects a street or highway, the following circumstances will qualify for a summary vacation:
(1) The street or highway has been superseded by relocation, and the vacation would not terminate all access to another person’s property or terminate a public service Easement; or
(2) For a period of five (5) consecutive years, the street or highway has been impassable for vehicular travel, and no public money was expended for maintenance purposes during the same period; or
(3) The street or highway is excess ROW and not required for street or highway purpose(s); or
(4) The portion of a street or highway to be vacated lies within property under one (1) ownership and does not continue through such ownership or end touching property of another.
(b) If the vacation would affect a public service Easement, the following circumstances would qualify for summary vacation:
(1) The Easement has not been used for its dedicated purpose for five (5) consecutive years immediately preceding the proposed vacation; or
(2) The date of dedication or acquisition is fewer than five (5) years, but more than one (1) year, immediately preceding the proposed vacation, and the Easement was not used continuously since that date; or
(3) The Easement has been superseded by relocation, and there are no public facilities located within the Easement.
12.30.240 – General Vacations
If the proposed vacation does not meet any of the criteria in Section 12.30.230 it is a General vacation.
(a) City Council may, on its own initiative, may hold a public hearing on the street vacation whose process shall follow Streets and Highway Code Section 8300, et seq. and as amended from time to time.
(b) City Council’s decision is final and not subject to appeal. City Council may conditionally approve a vacation and thus any conditions must be complied with prior to the vacation becoming effective.
(c) Once the City Council adopts its Resolution of Vacation, which is then recorded with the County, the vacation shall be complete.
PART 6 – VIOLATIONS—Revocation and other penalties., REVOCATIONS,
OTHER PENALTIES, AND APPEALS
12.30.250 – Violations and Other Penalties.
Any violation of this Chapter may be enforced either as an infraction or as a, misdemeanor, or by any remedy available to the City under this Code or under State law.this Code or state or federal law(s). These provisions are equally applicable to enforcement action(s), including of Permits and Encroachment Agreements. Potential enforcement measures include but are not limited to the following::
(1a) Fine. Whenever a City Inspector finds that a video service provider, utilityanyone or special districtany entity subject to this Chapter is placing, or has placed or is placing, an encroachment in the public right-of-wayROW without the appropriate Permit, the video service provider, utility or special district shall be required toCity Inspector will require (1) stop work, if construction is on-going,ongoing; (2) applyapplication for a Permit,; and (3) pay both thepayment of Permit fee and a fine equal to the permit feesame;
(2)
(b) Violations and Penalties.
(1) Working without a Permit may result in an Administrative Citation, a Stop Work Order, and a mandate to apply and pay for the required Permit. (2) The following violations may result in an administrative citation:
(A) General.
(i) Failure to abide by the requirements of Chapter 12.30. (ii) Violation of any Permit condition(s).
(iii) Failure apply for and obtain a Permit.
(iv) Failure to maintain a Permit on-site.
(v) Improper public notice.
(B) Excavation (Streets and Paving).
(i) Failure to hold a pre-construction meeting in advance of a “Major Project.”
(ii) Improper site protection (e.g., improper plating, path of travel, barricading, etc.)
(iii) Improper trench trimming.
(iv) Trenches left open after allowed work hours when not backfilled and covered.
(v) Failure to comply with trench restoration requirements. (vi) Improper housekeeping (e.g., failure to remove spoil, dirty site, no sweeping, etc.).
(vii) Failure to provide notice will result in an Administrative Citation and a Stop Work Order.
(viii) Any other excavation code violations.
(c) Suspension. Whenever the
When City Engineer finds that a suspension of an encroachment permit is necessary to protect the protection of public health or safety from imminent danger, the necessitates suspension of Encroachment Permit, City Engineer may immediately suspend any such permitthe Permit immediately, pending a hearing for remedial action or revocation. The Engineer shall, within three (3) working days of the emergency suspension, give written notice of such .
12.30.260 – Procedures for Suspension or Revocation.
(a) Within three (3) working days of the emergency suspension to the permittee, by or revocation, City Engineer will give Permittee written notice of same. Notice shall be delivered to Permittee’s last known address by personal service or by first-class mail, postage prepaid, to the last known address of the permittee. The permittee may,. (b) Within fifteen (15) days afterfollowing service of such a written notice offor either suspension, or revocation, Permittee may file with the City Manager a request for hearing regarding the suspension.with the City Manager or his or her designee . City Manager shall schedule a hearing on the suspension or revocation within five (5) working days of receipt of a request for hearing. If the City Manager or his or her designee,
(c) After the hearing, if City Manager finds that the public health or safety requires correction or alteration of any condition caused by, or existing on the site of, the encroachment, he or sheCity Manager shall issue one or more of the following:
(A) An1) Order to correct any particular noncompliance, (B) A;
(2) Revocation of the encroachment permit,
(C) A Permit;
(3) Continued suspension of the encroachment Encroachment Permit, until such time as the dangerous condition is corrected, (D) A;
(4) Modification or reinstatement of the encroachment Encroachment Permit, with necessary conditions as necessary to prevent public harm to the public.
The City Manager or his or her designee shall, within ten (10) days of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or his or her designee shall be final, except a decision to revoke the permit which may be appealed to the City Council in accordance with Section
12.30.060(b) of this chapter;
(3) Revocation. The Engineer may recommend that the City (d) City Manager revoke a permit where she or he finds that:
(A)The permittee has violated any provision of this Code or condition of the permit,
(B) The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter, or (C) The encroachment for which the permit was granted adversely affects the safety, capacity or integrity of the City's public right-of-way or increases the City's liability exposure,
(D) The encroachment is causing the City to incur substantial additional maintenance costs, or
(E) Material misrepresentations, omissions or inaccuracies were made in the application for the permit.
The Engineer shall give the permittee at least ten (10) days' written notice of a hearing before the City Manager or his or her designee on the proposed revocation of a permit issued pursuant to this chapter, setting forth the grounds for such action. If, after reviewing all evidence presented before or at the public hearing, the City Manager or his or her designee makes any one of the five findings set forth above, he or she may revoke the permit. The City Manager or his or her designee shall, within ten (10) days after the close of the hearing, shall render a written opinion, stating the findings upon which the decision is based, and the action taken. TheCity Manager’s decision of the City Manager or his or her designee may be appealed to the City Council in accordanceby filing a written appeal with Section 12.30.060(b) of this chapter the City Clerk within ten (10) business days of the date notice of the decision is mailed to the Permittee.
(Source: Ordinance No. 21-08 N.S.)
12.30.270 – Revocation.
(a) City Engineer may recommend that City Manager revoke a Permit or Encroachment Agreement when:
(1) Permittee has violated any provision of this Code or any Permit condition; or (2) Permittee fails to pay any required fees or to post or maintain any bond or insurance this Chapter requires; or
(3) Encroachment for which the Permit was granted adversely affects safety, capacity or integrity of City’s ROW or increases City’s liability exposure; or (4) Encroachment causes City to incur substantial additional maintenance costs; or
(E) Permit application contained material misrepresentations, omissions, or inaccuracies.
12.30.280 – Appeals.
(a) Decisions on Permits and Encroachment Agreements.
(1) Denial. City Engineer shall put their decision to grant or to deny a Permit in writing and deliver it to Applicant within five (5) calendar days following the decision. Notice of a decision to deny the Permit shall enumerate the reason(s) for denial.
(2) Approval. City shall post a notice of decision to approve a Permit at its Engineering Services’ public counter beginning on the date of the decision. The approval notice shall be posted at the site of the encroachment for no fewer than
ten (10) calendar days beginning within five (5) calendar days from the date of City Engineer’s the decision. This cumulative period of 10 days shall be known as the “appeal period.”
(b) Appeal Period.
No Permit shall be issued until after the ten (10)-day appeal period expires. If City does not receive a timely filed appeal, it may issue the Permit after the appeal period expires.
If City receives a timely filed appeal, it shall not issue a permit until the appeal’s final resolution.
12.30.290 – Appeals and Hearings.
(a) Any person aggrieved by City Engineer’s decision may appeal by submitting a written appeal to City Clerk within fifteen (15) days of the date of the decision. Appeal fee shall be remitted as listed in the City's Master Fee Schedule at the time of appeal submission.
(b) City Council shall hold a hearing on the appeal at a regularly scheduled meeting not fewer than fourteen (14) days and not greater than forty-five (45) days after City receives the appeal. City shall provide appellant at least ten (10) days’ written notice of the hearing’s date and time. City Council’s decision on the appeal shall be final and binding.
Chapter 12.30 - VIDEO SERVICE PROVIDER, UTILITY AND SPECIAL
DISTRICT ENCROACHMENTS
12.30.010 - Purpose.
The public rights -of-way are unique public resources held in trust for the benefit of the public. These physically limited resources require proper management to maximize their efficiency and minimize the costs to taxpayers, to protect against foreclosure of future economic expansion because of premature exhaustion of the public rights -of-way, and to minimize the inconvenience to and negative effects on the public from use of the public rights -of-way by video service providers, utilities and special districts.
12.30.020 - Definitions.
As used in this chapter:
"Agency" means the Richmond Community Redevelopment Agency, a public body corporate and politic.
"Arterial street" means any street with a traffic volume of 7,500 to 15,000 vehicles per day, including B arrett Avenue, Castro Ranch Road, Garrard Boulevard, Harbor Way, Macdonald Avenue, Pennsylvania Avenue, Potrero Avenue, Rheem Avenue, Seventh Street, Solano Avenue and Thirty- Seventh Street.
"City" means the government of the City of Richmond, a chartered city and a municipal corporation duly organized and validly existing under the laws of the State of California, and all departments, divisions and offices thereof. "Communications service equipment" and "communications service facilities" mean the equipmen t and facilities used by a video service provider to provide cable or video service.
"Encroach" means constructing or placing temporary or permanent structures, improvements, facilities or materials in, on, over, or under any public right-of-way or using any right -of-way so as to prevent, obstruct, or
interfere with the normal use of that way, including, but not limited to, the performance of any of the following acts:
(1) Excavating or disturbing the public right -of-way;
(2) Erecting or maintaining any post, sign, pole, fence, guard -rail, wall, pipe, conduit, cable, wire, communication service equipment, or other facility or structure on, over, or under a public right- of-way; (3) Planting any tree, shrub, grass or other growing thing within the public right-of-way;
(4) Placing or leaving on the public right -of-way any rubbish, brush, earth or other material;
(5) Constructing, placing, or maintaining on, over, under or within a public right-of-way any pathway, sidewalk, driveway or other surfacing; any culvert or other surface drainage or subsurface drainage facility; or any pipe, conduit, wire, communication service equipment or facilities, or cable;
(6) Constructing, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to the public right-of-way which causes or may cause an encroachment. "Engineer" means the City Engineer, or his or her designee. "Facility" means any fiber -optic, co-axial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible thing located in, upon, above, beneath, or across any public right -of-way.
"Major arterial stre et" means any street with a traffic volume of more than 15,000 vehicles per day, including Carlson Boulevard, Central Avenue,
Cutting Boulevard, Hilltop Drive, May Road, R.H. Miller Drive, San Pablo Avenue, San Pablo Dam Road, Thirteenth Street, Twenty -Second Street and Twenty-Third Street.
"Permittee" means any person, video service provider, utility or special district that has been issued a permit pursuant to this chapter, including any lawful successor, transferee, or assignee of the original permittee. All obligations, responsibilities, and other requirements of the permittee shall be binding on successors in interest of the original permittee. "Person" means any natural person, firm, joint venture, joint stock company, partnership, association, club, c ompany, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them or any other entity which is recognized by law as the subject of rights or duties, not including the City of Richmond, the Richmond Community Redevelopment Agency, or the City's or Agency's officers, employees or agents.
"Public right-of-way" means the area in, upon, above, beneath, or across any land or interest therein which by deed, conveyance, agreement, easement, dedication, usa ge or process of law is reserved for or dedicated to the use of the general public for travel, and includes any public street, road, highway, freeway, bridge, lane, court, alley, boulevard, sidewalk, median, parkway or emergency vehicle easement.
"Public street" means the full width of the surfaced or traveled portion, including shoulders, of any road, street, path, lane or alley dedicated to, reserved for or used by or for the general public when those roads, streets, paths, lanes and alleys have been accepted as and declared to be part of the city system of public streets, except highways forming a part of the State highway system.
"Special district" means any agency of the State for the local performance of governmental or proprietary functions within lim ited boundaries, and includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area formed for the purpose of designating an area within which a property tax rate will be levied to pay for a service or improvement benefitting that area.
"Structure" means any physical alteration or improvement, including, but not limited to, a building, post, cabinet, fence, vault, sign, pole, guard -rail, wall, facility, pedestrian walking path, sidewalk , driveway, track, surfacing, culvert, drainage facility, pipe, embankment or excavation. "Underground utility district" has the meaning set forth in Chapter 12.48 of this Code.
"Utility" means any person or entity providing electricity, gas, telephone, telecommunications, water, or other services to customers, and which pursuant to State law or local franchise is entitled to install its facilities in the public rights -of-way.
"Video service" has the meaning set forth in California Public Utilities Code Section 5830(s).
"Video service provider" has the meaning set forth in California Public Utilities Code Section 5830(t) and, in addition, refers collectively to any cable operator as defined in Public Utilities Code Section 5830(b), or open -video system operator as defined in Public Utilities Code Section 5830(n).
12.30.030 - Applicability.
(a) Except as specified in subsection (b), below, before placing any encroachment in, on, over, or under any public right -of-way within the City, a video service provider, utility , or special district must obtain a permit in accordance with this chapter.
(b) Notwithstanding subsection (a), above, no permit shall be required pursuant to this chapter for any of the following:
(1) The actions of any officer or employee of the City or Agency engaged in the discharge of official duties;
(2) The performance of work under contracts to the City or Agency, including work for City or Agency projects;
(3) Encroachments existing prior to the effective date of this chapter; provided, however, that nothing in this chapter shall preclude the Engineer from requiring an appropriate permit or license for or
removal of any such preexisting encroachment where the Engineer determines the encroachment adversely affects the safety, capacity or integrity of the City's public right-of-way;
(4) Maintenance or repair by a video service provider, utility or special district of existing pipes, facilities, conduits or other structures lawfully on or under a public right-of-way where such maintenance or repair work will not disrupt traffic in an arterial or major arterial street; (5) The making of an emergency street cut or excavation in the public right-of-way by a video service provider, utility or special district to repair a broken or defective pipe, facility or conduit lawfully on or under a public arterial street, as may be necessary for the preservation of life and property when an urgent necessity therefor arises and the offices of the City are closed, provided that reasonable vehicular and pedestrian barriers or other traffic controls shall be provided during the performance of any such repairs. The video service provider, utility or special district performing the repair work shall notify the City's Engineering Department and Police Department by telephone at the time any such repair work is commenced and must apply for a permit within one calendar day after the offices of the City are again opened; (6) Tree work, including, but not limited to, planting, trimming, or removal of any new or existing tree within the public right-of-way where a permit has been issued for such work pursuant to Chapter
10.08 of this Code, and no traffic lane closure is anticipated; (7) Sidewalk cafes and restaurants, which shall be governed by the provisions and requirements of Chapter 15.04 of this Code; (8) Street closures for special events specifically approved by the City Council.
(c) Any video service provider, utility or special district encroachment that requires but does not have a permit shall be deemed a violation of this chapter and a public nuisance, which may be abated by the City pursuant to any applicable provision of law including, but not limited to, Chapter 9.22 of this Code.
12.30.040 - Application.
(a) An application for a video service provider, utility or special district encroachment permit, including renewal of an existing permit, shall be on a form prescribed by the Engineer, shall be signed by the applicant, and shall include all of the following materials unless the submittal is waived in writing by the Engineer:
(1) The name, address and telephone number of the applicant; (2) The name, address and telephone number of the contractor(s) if any proposed work is to be done by a contractor(s);
(3) The location, purpose, extent and nature of the proposed work; (4) The period of time when the proposed work will be performed; (5) A traffic and pedestrian control plan for the location of the proposed work; (6) A certificate of insurance from the applicant and contractor's insurance carrier in a form satisfactory to the City, and naming the City as additional insureds;
(7) A key map and detailed improvement plan showing all facilities to be located in the public right- of-way, including the material of construction and horizontal and vertical locations with respect to the property lines and grade lines, existing utilities and all other pertinent facilities and information required by the Engineer. Unless exempted by State law, the detailed improvement plan shall be prepared by a California Registered Professional Civil Engineer;
(8) Any other specifications, analyses or materials the Engineer may require to describe the work, its location in and its effect on the right-of-way, including the mode of operation, maintenance and use;
(9) Current maps and records of the underground facilities at the site; (10) The encroachment permit fee set forth in the City's Master Fee Schedule.
(b) For those applications where an aboveground encroachment is proposed, the Engineer shall provide written notice by first class mail to occupants and to owners (as shown on the County Assessor's latest tax roll) of properties located within 300 feet of the proposed encroachment, and to the Neighborhood Council and any homeowners' association in the neighborhood of the proposed encroachment, advising of the filing of an application for approval of an encroachment into the public right-of-way, describing the proposed encroachment and its location, and providing an opportunity to submit written comments regarding the application to the Engineer within fifteen (15) days from the date of the letter and prior to the
Engineer's action on the application. Notwithstanding the foregoing, no notice shall be required for any application limited to installation of utility poles, anchors or small cabinets less than four (4) cubic feet in size or for any underground excavations or related work.
(c) In signing the application, the applicant attests that all information provided in support of the application is true and correct. When the applicant has submitted a completed and signed application form, all supporting documents and information, and the required fee, the application will be complete. The Engineer shall act upon an application for a video service provider, utility or special district encroachment permit within sixty (60) days after the application is complete.
(d) A renewal application, supporting materials, and fee must be submitted at least sixty (60) days prior to the termination date of a video service provider, utility or special district encroachment permit or the permit may lapse. A lapsed permit may be deemed a violation of this chapter and the unpermitted encroachment may be considered a public nuisance, subject to abatement by the City pursuant to any applicable provision of law including but not limited to Chapter 9.22 of this Code.
12.30.050 - Findings and conditions.
A video service provider, utility or special district encroachment permit shall be approved by the Engineer upon making the following findings, and shall be subject to all requirements of this chapter and to all of the following conditions:
(1) Findings.
(A) The proposed encroachment has no potential for causing a significant effect on the environment.
(B) The application is complete and all of the necessary supporting information has been provided.
(C) The applicant has made reasonable efforts to erect, construct, use, operate, and maintain facilities underground; provided, however, from and after the effective date of the establishment of any underground utility district, the applicant shall erect, construct, use, operate, and
maintain its facilities underground. Where undergrounding is not feasible (except in any area declared to be an underground utility district), the applicant has made reasonable efforts to co-locate facilities on existing poles or other aboveground structures. (D) The proposed location of the facilities is the best available option to minimize adverse impacts on the use of the public right-of-way and on adjoining properties.
(E) If the application is for a renewal of an existing permit, the permittee is in compliance with the current permit and conditions. (F) With the conditions imposed, the proposed encroachment shall not be detrimental to the public health, safety and welfare. (2) Conditions.
(A) All application materials are incorporated into the permit by reference and all representations made in the application are conditions of permit approval.
(B) The permittee and all of its contractors performing work in the public right-of-way shall secure a policy of broad form commercial general liability insurance naming the City as additional insured in an amount not less than two million dollars ($2,000,000.00) per occurrence, or as approved by the City's risk manager, unless permittee is exempt by law from having to procure such insurance before establishing or maintaining any works or facilities in, on, under or above the public right-of-way. All contractors' policies secured in compliance with this condition shall be in effect for the duration of the contractor's work in the public right-of-way; all permittees' policies secured in compliance with this condition shall be in effect for as long as the encroachment remains in the public right-of-way. (C) The permittee and all of its contractors performing work in the public right-of-way shall furnish to the City, and file with the City Clerk, a corporate surety bond to guaranty the faithful performance of the construction of such work and a separate bond to secure payment of the claims of laborers, mechanics, and material suppliers employed in the construction of such work. The performance bond and payment
bond shall each be in an amount equal to one hundred percent (100%) of the total amount of the cost of construction of the work to be performed in the public right-of-way. All bonds shall be issued by a corporate surety admitted in the State of California and shall name the City as a co-obligee.
(D) All work done under the permit shall conform to standard specifications or, in the absence of standard specifications, to recognized standards of design, construction and practices in placing encroachments in, on, under or above the public right-of-way. (E) All facilities shall be constructed, operated, and maintained in the time, place and manner that cause the least interference with the public's use of the public right-of-way, the City's management and use of the right-of-way, and the rights or reasonable convenience of property owners who adjoin the public right-of-way.
(F) Except when emergency repairs are required, at least forty-eight (48) hours prior to commencing any work that will obstruct or impede the flow of vehicular and/or pedestrian traffic, the permittee shall post the area that will be affected with notifications satisfactory to the Engineer.
(G) During construction, the permittee shall keep a copy of the permit issued pursuant to this chapter at the job site.
(H) During construction and maintenance, the permittee shall provide appropriate traffic warnings, safeguards and controls, as approved by the Engineer.
(I) During construction and maintenance, the permittee shall provide temporary pedestrian access facilities as necessary to comply with local, State and Federal law, including the Americans with Disabilities Act, and with the written direction of the Engineer, if any. (J) The permittee shall maintain all structures, facilities, and landscaping within the encroachment area in a safe and clean manner, and shall at all times observe and enforce all applicable local, State, and Federal safety orders, rules and regulations.
(K) The permittee shall promptly remove all graffiti on any structure or facility within the encroachment area.
(L) The permittee shall notify the Richmond Police Department and the Engineer and shall promptly repair any damage to structures or facilities caused by criminal activity, including, but not limited to, theft of copper.
(M) As may be required by Section 4216 et seq. of the California Government Code, the permittee shall contact Underground Service Alert (USA) prior to commencing, and as appropriate during, any permitted work.
(N) Upon the request of any person who has contracted to perform work on a public right-of-way, the permittee shall provide accurate detailed information regarding the location of its existing and proposed structures in the public right-of-way.
(O) To the maximum extent allowed by law, permittee shall indemnify, defend, release, and hold harmless the City, its agents, officers, employees, boards, commissions and contractors ("Indemnitees") against any and all liabilities, losses, claims, actions, causes of action or demands whatsoever against any of them, including claims for any injury to or death of any person or damage to property or other liability of any nature, including, but not limited to, Attorney's and expert fees and court costs, arising out of or connected in any way with the installation, operation and maintenance of any facilities in, or the use of any public right-of-way by, permittee or permittee's employees, officers, officials, agents, transferees, contractors or subcontractors pursuant to the permit or agreement issued under this chapter; provided, that the obligation to indemnify the City under this subsection shall not apply to any liabilities, losses, claims, actions, causes of action or demands caused by indemnitee's sole negligence, willful misconduct or criminal acts.
(P) To the maximum extent allowed by law, permittee shall indemnify, defend, release, and hold harmless Indemnitees against any claim, action or proceeding brought to attack, set aside, void or annul the environmental review process for and/or approval of a permit issued pursuant to this chapter.
(Q) The City reserves the right to inspect any structure or facility installed in the public right-of-way and to demand of the permittee timely correction of any deficiencies in operation or maintenance. The City further reserves the right to demand at any time that within ten (10) business days the permittee produce current, complete and accurate maps, plans, diagrams, and records pertaining to any structure or facility installed in the public right-of-way. (R) Installation or construction of structures and facilities in the public right-of-way shall be completed and all construction-related damage to the public right-of-way shall be repaired within two (2) years from the date the encroachment permit is issued, unless for good cause the Engineer grants a written extension of the time to complete installation, construction or repair.
(S) The permittee shall operate and use the structures and facilities placed in the public right-of-way solely and exclusively for the purposes and uses expressly stated in the application. A change in purpose, use, or operator of the structures and facilities requires approval of a transfer in accordance with Section 12.30.080 of this chapter.
(T) The Engineer reserves the right to suspend
the encroachment permit if necessary to protect the public from imminent danger and to take such action as is necessary to correct the condition posing the danger. In the event of an emergency suspension, the Engineer shall notify the permittee and provide an opportunity for a hearing in accordance with the procedures set forth in Section 12.30.090 of this chapter.
(U) If placement of structures and/or facilities in the public right-of-way conflicts with the City's construction, reconstruction or maintenance work in the public right-of-way, the permittee shall, at its own expense, relocate the structures and/or facilities in accordance with Section
12.30.070 of this chapter.
(V) When the facilities and/or structures encroaching in the public right-of-way are removed and/or abandoned, the permittee shall, at its own expense, restore the public right-of-way to a condition the same as or better than its condition before the facilities and/or structures
were installed. Failure to so restore the public right-of-way may be deemed a violation of this chapter and a public nuisance, subject to abatement by the City pursuant to any applicable provision of law including, but not limited to, Chapter 9.22 of this Code. (W) Such other reasonable conditions, including installation of facilities or structures to address accessibility and drainage, as may be deemed necessary by the Engineer to protect the public health, safety and welfare.
(X) Notwithstanding anything to the contrary in Section 12.30.050(1)(C) of this chapter, whenever any area of the City is declared to be an underground utility district, it shall be unlawful for any video service provider, utility or special district to erect, construct, use, operate or maintain their facilities aboveground.
(3) Where the insurance and indemnification conditions stated in subsection (2), above, conflict with the provisions of a franchise or other agreement between a video service provider, utility or special district and the City or State, the provisions of such franchise or other agreement shall apply. (4) A video service provider, utility or special district encroachment permit shall terminate on the date specified therein, or upon abandonment of the facilities and/or structures constructed pursuant to such permit. If no date is specified in the encroachment permit, it shall be considered to be of indeterminate duration.
12.30.060 - Posting and appeal.
(a) Posting of Decision. The Engineer's decision to grant or to deny a permit shall be in writing and shall be delivered to the applicant within five (5) calendar days of the decision. Notice of a decision to deny a permit shall specify the reason(s) for denial. Notice of a decision to approve a permit shall be posted at the City of Richmond Engineering Services public counter commencing on the date of the decision and shall be posted at the site of the approved encroachment for a period of not less than ten (10) calendar days commencing within five (5) calendar days from the date of the decision (cumulatively, the "appeal period"). No permit shall be issued until after the expiration of the appeal period, if no appeal is timely filed, or until the final resolution of any appeal.
(b) Appeal. Any person aggrieved by the Engineer's decision on a video service provider, utility or special district encroachment permit application may appeal by submitting a written appeal to the City Clerk, along with the applicable appeal fee as provided in the City's Master Fee Schedule, within fifteen (15) days of the date of the decision. The City Council shall hold a hearing on the appeal at a regularly scheduled meeting not less than fourteen (14) days and not more than forty-five (45) days after receipt of the appeal, and shall give the applicant and the appellant at least ten (10) days written notice of the date and time of the hearing. The decision by the City Council on the appeal shall be final.
12.30.070 - Relocation of facilities.
(a) If any future construction, reconstruction or maintenance work is required by the City or Agency in the public right-of-way that necessitates the relocation, removal or abandonment of an encroachment, the permittee shall relocate, remove or abandon the encroachment at the permittee's sole expense, unless such requirement is in conflict with any applicable State or local statute or franchise.
(b) When relocation is required, the Engineer shall make written demand of the permittee that the encroachment be relocated within the public right-of- way to a satisfactory location provided by the Engineer, and shall designate a reasonable time for such relocation or removal. In determining what is a reasonable time under this section, the Engineer shall take into consideration the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the difficulty of its removal, the value of the property to the owner, and other facts peculiar to the particular situation.
12.30.080 - Transfer.
No video service provider, utility or special district encroachment permit may be transferred by the permittee to another person or entity without the express written consent of the Engineer, at his or her sole discretion.
12.30.090 - Violations—Revocation and other penalties.
Any violation of this Chapter may be enforced either as an infraction or as a misdemeanor, or by any remedy available to the City under this Code or
under State law. Potential enforcement measures include but are not limited to the following:
(1) Fine. Whenever a City inspector finds that a video service provider, utility or special district subject to this chapter has placed or is placing an encroachment in the public right-of-way without the appropriate permit, the video service provider, utility or special district shall be required to (1) stop work, if construction is on-going, (2) apply for a permit, and (3) pay both the permit fee and a fine equal to the permit fee;
(2) Suspension. Whenever the Engineer finds that a suspension of an encroachment permit is necessary to protect the public health or safety from imminent danger, the Engineer may immediately suspend any such permit pending a hearing for remedial action or revocation.
The Engineer shall, within three (3) working days of the emergency suspension, give written notice of such suspension to the permittee, by personal service or by first class mail, postage prepaid, to the last known address of the permittee. The permittee may, within fifteen (15) days after service of such a written notice of suspension, file with the City Manager a request for hearing regarding the suspension. The City Manager or his or her designee shall schedule a hearing on the suspension within five (5) working days of receipt of a request for hearing. If the City Manager or his or her designee, after the hearing, finds that the public health or safety requires correction or alteration of any condition caused by, or existing on the site of
the encroachment, he or she shall issue one or more of the following:
(A) An order to correct any particular noncompliance,
(B) A revocation of the encroachment permit,
(C) A continued suspension of the encroachment permit, until such time as the dangerous condition is corrected,
(D) A modification or reinstatement of the encroachment permit, with conditions as necessary to prevent harm to the public.
The City Manager or his or her designee shall, within ten (10) days of the hearing, render a written opinion, stating the findings upon which the
decision is based, and the action taken. The decision of the City Manager or his or her designee shall be final, except a decision to revoke the permit which may be appealed to the City Council in accordance with Section
12.30.060(b) of this chapter;
(3) Revocation. The Engineer may recommend that the City Manager revoke a permit where she or he finds that:
(A)The permittee has violated any provision of this Code or condition of the permit,
(B) The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter, or (C) The encroachment for which the permit was granted adversely affects the safety, capacity or integrity of the City's public right-of-way or increases the City's liability exposure,
(D) The encroachment is causing the City to incur substantial additional maintenance costs, or
(E) Material misrepresentations, omissions or inaccuracies were made in the application for the permit.
The Engineer shall give the permittee at least ten (10) days' written notice of a hearing before the City Manager or his or her designee on the proposed revocation of a permit issued pursuant to this chapter, setting forth the grounds for such action. If, after reviewing all evidence presented before or at the public hearing, the City Manager or his or her designee makes any one of the five findings set forth above, he or she may revoke the permit. The City Manager or his or her designee shall, within ten (10) days after the close of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or his or her designee may be appealed to the City Council in accordance with Section 12.30.060(b) of this chapter.
(Source: Ordinance No. 21-08 N.S.)
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Chapter 12.29 - STREET OPENING AND PAVEMENT RESTORATION REGULATIONS
12.29.010 - Purpose.
The public right-of-way is a unique public resource held in trust for the benefit of the public. This physically limited resource requires proper management to maximize its efficiency and minimize the costs to taxpayers, to protect against foreclosure of future economic expansion because of premature exhaustion of the public right-of-way, and to minimize the inconvenience to and negative effects on the public from use of the public right-of-way by contractors and utility companies.
To achieve the purpose of this chapter, the City of Richmond shall endeavor to coordinate its Capital Improvement Programs with those of utility companies and franchisees with facilities in, on, under or above the public right-of-way. Information about any planned work in the right-of-way shall be shared at the earliest possible time. Utility owners and franchisees are encouraged to coordinate their street excavations so that all work is done simultaneously and the street is not excavated more than once within a twelve-month period.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.020 - De�nitions.
As used in this chapter:
"Agency" means the Richmond Community Redevelopment Agency, a public body corporate and politic.
"Arterial street" means any street with a traffic volume of 7,500 to 15,000 vehicles per day, including Barrett Avenue, Castro Ranch Road, Garrard Boulevard, Harbour Way, MacDonald Avenue, Pennsylvania Avenue, Potrero Avenue, Rheem Avenue, Seventh Street, Solano Avenue, and Thirty-Seventh Street.
"Asphalt concrete" or "AC" means blend of aggregate and asphalt binder meeting the specifications set forth in the City of Richmond Standard Specifications Section 39, "Asphalt Concrete" and the Caltrans Standard Specifications Section 39, "Asphalt Concrete."
"Chip seal" (see the definition of "Slurry seal").
"City" means the City of Richmond, a charter city and a municipal corporation duly organized and validly existing under the laws of the State of California, and all departments, divisions, and offices thereof.
"Encroach" means constructing or placing temporary or permanent structures, improvements, facilities or materials in, on, over, or under any public right-of-way or using any right-of-way so as to
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prevent, obstruct, or interfere with the normal use of that way, including but not limited to the
performance of any of the following acts:
(1)
(2)
(3)
(4)
(5)
(6)
Excavating or disturbing the public right-of-way;
Erecting or maintaining any post, sign, pole, fence, guard-rail, wall, pipe, conduit, cable, wire, communication service equipment, or other facility or structure on, over, or under a public right-of-way;
Planting any tree, shrub, grass, or other growing thing within the public right-of-way; Placing or leaving on the public right-of-way any rubbish, brush, earth, or material; Constructing, placing, or maintaining on, over, under, or within a public right-of-way any pathway, sidewalk, driveway, or other surfacing; any culvert or other surface drainage or
subsurface drainage facility; or any pipe, conduit, wire, communication service equipment or facility, or cable;
Constructing, placing, planting, or maintaining any structure, embankment, e xcavation, tree, or other object adjacent to the public right-of-way which causes or may cause an encroachment.
"Engineer" means the City Engineer, his or her designee.
"Excavation" means any trench cuts within the street right-of-way to access or install a utility line or any related facility in excess of four (4) square feet or four (4) feet long, whichever is smaller. All such excavations shall require an encroachment permit.
"Excavator" means the applicant/permittee to whom an encroachment permit is issued for the purposes of e xcavation.
"Facility" means any fiberoptic, coaxial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible things located in, upon, above, beneath, or across any public right-of-way.
"Major arterial street" means any street with a traffic volume of more than 15,000 vehicles per day, including Carlson Boulevard, Central Avenue, Cutting Boulevard, Hilltop Drive, May Road, Robert H. Miller Drive, San Pablo Avenue, San Pablo Dam Road, Thirteenth Street, Twenty-Second Street, and Twenty- Third Street.
"Major defects" means any defects greater than the deficiency tolerances specified in the City of
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Richmond Standard Plans and Details; the Caltrans Standard Specifications and Details; or Individual
Contract Plans and Specifications.
"Micro paving" (see the definition of "Slurry seal").
"Micro surfacing" (see the definition of "Slurry seal"). "Permittee" means any person, contractor, utility or special district that has been issued a permit pursuant to this chapter, including any lawful successor, transferee, or assignee of the original permittee.
All obligations, responsibilities, and other requirements of the permittee shall be binding on successors in interest of the original permittee.
"Person" means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer, or employee of any of them or any other entity which is recognized by law as the subject of rights or duties, not including the City of Richmond, the Richmond Community Redevelopment Agency, or the City's or Agency's officers, employees, or agents.
"Prohibition street" means streets that have been reconstructed or resurfaced within the past three to five years (see Section 12.29.030.A, below).
"Public right-of-way" means the area in, upon, above, beneath, or across any land or interest which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for travel, and includes any public street, road, highway, freeway, bridge, lane, court, alley, boulevard, sidewalk, median, parkway, or emergency vehicle easement.
"Public street" means the full width of the surfaced or travel portion, including shoulders, of any road, street, path, lane, or alley dedicated to, reserved for, or used by or for the general public when those roads, streets, paths, lanes, and alleys have been accepted as and declared to be part of the City system of public streets, except highways forming a part of the State highway system.
"Slurry seal" means a mixture of polymer modified asphalt emulsion, mineral aggregate, mineral filler, water, and other additives, properly proportioned, mixed, and spread in accordance with the City of Richmond Standard Plans and Details and the Caltrans Standard Specifications; usually less than ½ inches in thickness.
"Special district" means any agency of the State for the local performance of governmental or proprietary functions within limited boundaries, and includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area within which a property tax or assessment will be levied to pay for a service or improvement benefitting that area.
"Street overlay" means one or more courses of asphalt construction on an existing pavement; usually
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greater than ½ inches in thickness; generally includes an asphalt leveling course to correct the contour of the old pavement.
"Structure" means any physical alteration or improvement, including but not limited to a building,
post, cabinet, fence, vault, sign, pole, guard rail, wall, facility, pedestrian walking path, sidewalk, driveway, track, surfacing, culvert, drainage facility, pipe, embankment, or excavation.
"Underground utility district" has the meaning set forth in Chapter 12.48 of the Richmond Municipal
Code.
"Utility" means any person or entity providing electricity, gas, telephone, telecommunications, water, or other services to customers, and which pursuant to State law or local franchise is entitled to install its facilities in the public right-of-way.
"Wearing surface defects" mean the defects in the surface of a roadway that is in direct contact with traffic and that resists the resulting abrading, crushing, or other disintegrating action.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.030 - Prohibition period.
(a) Newly constructed or resurfaced streets shall be termed "prohibition streets" within this section. Permission to excavate in prohibition streets will not be granted for five (5) years after the completion of street overlays. An overlay consists of at least a ½-inch thick layer of asphalt.
For those streets with chip seal, slurry seal coating, or micro paving with less than ½ inch of new pavement, the prohibition period shall be for three (3) years. Utilities shall plan well enough in advance to determine alternate methods of making necessary repairs to avoid excavating in newly resurfaced streets. Exceptions to the above policy are as follows:
(1)
(2)
(3)
(4)
(5)
Emergencies that endanger life or property.
Interruption of essential utility service.
Work that is mandated by City, State, or Federal law.
Service for buildings where no other reasonable means of providing service e xists.
Situations in which no alternative course of action exists, as determined by the engineer in writing setting forth the facts giving rise to the conclusion that no alternative exists.
(b) To excavate in a prohibition street a waiver must be obtained.
(1) To request a waiver, the applicant must submit a written request to the engineer. The
request must include:
(A)
(B)
The location of the excavation.
Description of the work to be performed.
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(C)
(D)
(E)
(F)
The reason(s) the work was not performed before the street was paved.
The reason(s) the work cannot be deferred until after the prohibition p eriod.
The reason(s) the work cannot be performed at another location.
The reason(s) it is justified to excavate the prohibition street.
(2) Any excavation in prohibition streets will be repaired with full lane width paving on the
street as follows (refer also to Section 12.29.070, Paving):
(A)
(B)
(C)
(D)
Overlaid or reconstructed streets: All lanes that are affected shall be ground down 2 inches and repaved with 2 inches of asphalt concrete, OR all lanes that are affected shall be resurfaced per Section 12.29.070, Paving.
Slurry sealed, chip sealed, or micro surfaced streets: All lanes that are affected shall be resurfaced per Section 12.29.070, Paving.
A minimum of one (1) feet on either side of the trench shall be resurfaced if the excavation is a lateral cut. For longitudinal trenches the entire length plus one (1) foot on either end shall be resurfaced.
Exception: Full lane width restoration shall not be required if either of the following
conditions apply:
(i)
(ii)
The work is not considered an excavation as defined in Section 12.29.020.
The work is being performed on behalf of a low-income household in order to bring an owner-occupied single-family residence into compliance with sanitary sewer regulations at any time other than as part of the sale of the residence. Low- income is defined as 80% of area median family income. The purp ose of this exception is to prevent hardship to property owners of limited means and it shall be interpreted and applied solely to achieve that purpose.
(3) Before issuing a permit for work in a prohibition street, the engineer will verify that the applicant has analyzed all feasible alternatives to make the necessary repairs using a trenchless method in prohibition streets to avoid e xcavating a newly resurfaced street whenever possible.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.040 - Permits.
(a) Any and all construction work within the public right-of-way shall require an e ncroachment permit. Anyone doing excavation work within the City of Richmond public right-of-way shall obtain a street cut permit for the purpose of excavation in addition to any other required permits. The contractor performing the work shall apply for the permit.
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(b)
(c)
The permit application may be obtained from the City of Richmond Engineering Services
Department.
Prior to applying for a street cut permit, the excavator must register with the City of Richmond.
The contractor performing the work shall apply for the permit. The following must be provided to register for an excavation permit:
(1)
(2)
(3)
(4)
(5)
A cash deposit equal to five hundred dollars ($500) or 25% of the value of the work (whichever is greater) as a warranty bond. Companies working under a franchise agreement that includes a bond are not required to post the cash deposit unless/until they have been issued a notice or citation for a violation by the City of Richmond standards or permit requirements.
A current City of Richmond Business License.
Current evidence of insurance.
24-hour phone number for e mergencies.
The name, telephone number, and mailing address (fax number, cell phone, and e -mail address if available) of the person who will receive all office correspondence from the City of Richmond.
(d) All applications shall include plans indicating the following:
(1)
(2)
(3)
(4)
(5)
Name of the street to be excavated and the nearest cross street.
Distance of proposed excavation from the face of curb.
Distance of proposed excavation from the intersection.
The size of the excavation (length and width).
The location of any above ground facilities to be installed, showing:
(A)
(B)
(C)
(D)
Distance from curb and any street facilities/furnishings.
Purpose of the facility.
Size of the facility.
Location of doors and door swings.
(6) The location of any existing underground facilities and the location of underground
facilities to be installed showing:
(A)
(B)
(C)
(D)
Conduit vaults, maintenance holes, pipes, e tc.
Structural detail and additional information for structures to be installed such as vaults and maintenance holes.
The construction method of the structure to be installed.
Construction detail, location, size, design criteria and the purpose of the facility to be
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installed.
(7) Cross section of a typical trench indicating:
(A)
(B)
(C)
(D)
The approximate depth of the facility to be installed.
Trench backfill depth, compaction and layer depths.
Pavement section detail (type and depths).
Plans, structural details, and trench cross section must be signed and stamped by a
licensed civil engineer, when legally required.
(8)
(9)
The plan may show the approximate location of the excavation provided that on an "as- built" plan, the exact location of the excavation is shown. The "as-built" plan shall be submitted prior to the permit being finalized.
A traffic control plan.
(e) All excavation permit fees are due at the time the permit is issued. These fees represent the
value of staff time in processing a permit application and are non-refundable.
(1)
(2)
All past due fees, fines and penalties owed by the applicant must be paid before a permit will be issued.
If a permit violation occurs no other application will be processed until the fines and
penalties have been paid and all permit conditions are met.
(f)
(g)
(h)
If an account is past due or not in good standings, a permit cannot be issued until the account is brought into good standing. To bring the account to good standing, all fees and fines must be paid.
As a condition of the permit to excavate, the applicant shall provide evidence of an inquiry identification number issued by a regional notification center (Underground Service Alert, USA) pursuant to Section 4216, California Government Code.
Permittees and excavators shall pay close attention to the location and alignment of all U SA markings while performing their work.
USA Codes are:
Electric Red
Gas-Oil Yellow
Communication-CATV Orange
Water Blue
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Sewer Green
Temporary Survey Markings Pink
Proposed Excavation White
(i)
(j)
(k)
(l)
If an excavator damages other facilities during their excavation work the excavator will need an additional street cut permit if additional excavation and trenches are needed to repair the damaged facility. The original permittee shall maintain the site and restore the pavement and any affected signage or striping.
Except in an emergency, street cut permits shall be taken out in advance of excavation work.
An emergency is considered to exist only when life or property is endangered or when an essential utility service is or may be interrupted during weekends, holidays, or between 5:00 p.m. and 8:00 a.m. of normal working days.
In the event of an emergency, the excavator shall notify the City of Richmond and apply for a street cut permit for "emergency work" within four (4) hours after the City of Richmond's office opens.
Pre-construction meeting:
(1)
(2)
(3)
(4)
A pre-construction meeting shall be held for all projects that are scheduled to take longer than 15 working days to complete.
The owner, contractor, any other agency that is involved and the City of Richmond shall attend this meeting.
For projects that are supposed to be completed within 15 days, and are not completed within the allowed time, the City may issue administrative citations if a pre-construction meeting was not held.
The traffic control plan shall be approved prior to the pre-construction meeting.
(m) Permit duration shall be indicated on the permit:
(1)
(2)
(3)
All permits shall include estimated start and completion dates. A permit is valid from the construction start date specified on the approved permit until the specified completion date.
Excavation permits are not valid if other required permits are not obtained or required notifications are not given.
No disruption of traffic is allowed after 4:00 p.m. and before 8:00 a.m. unless specifically
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approved for these hours.
(4) Some permits may be valid on specific dates. They may be approved with special
conditions specifying dates:
(A)
(B)
(C)
When work shall be done.
When work shall be completed.
Before which work shall not start.
(5) Permits expire and become void, unless otherwise amended:
(A)
(B)
(C)
Sixty (60) days after the start date, if no work has begun.
If the work is not diligently proceeding and there are delays of more than four (4) working days after the work has started, unless the delays are caused by weather or other circumstances beyond the permittee's control.
When the excavation, including the trench restoration, is completed or on the date
specified on the permit as the expiration date.
(6) The work is determined to be proceeding diligently if:
(A)
(B)
After a project begins, work continues on a regular basis, except for weekends, holidays, inclement weather, labor disputes, or any emergency beyond the control of the permittee.
The permittee ensures that all necessary materials and supplies are on hand and ready for use so as not to delay the excavation and the prompt restoration of the public right-of-way.
(n)
(o)
A valid permit may be extended be requesting an extension prior to the expiration date by specifying the dates that need to be changed and explaining the reason for the extension. The engineer reserves the right to deny a request for e xtension.
If an application has been withdrawn or an approved permit is cancelled prior to the start of work the applicant or permittee may request a refund of the bond funds; all other permit fees are non-refundable.
(1)
(2)
To request a refund, submit a written request to the engineer.
The request shall include:
(A)
(B)
The reason for cancellation or withdrawal.
The permit number.
(p) By accepting a street cut and/or encroachment permit, the permittee and the owner of the
facility(ies) for which the permit has been issued agree:
(1)
(2)
To follow all laws, rules, regulations, and permit conditions.
To assure that their employees, contractors, and subcontractors, comply with all laws,
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rules, regulations, and permit conditions.
(3) To indemnify the City of Richmond against all claims for personal injury or property
damage that may arise in connection with the work.
(q)
(r)
The street cut and/or encroachment permit shall be available during work periods at the excavation site, until the project is completed and approved by the engineer. Permit(s) shall be shown to the City of Richmond employees upon request.
The excavator shall provide public notifications when e xcavating in the public right-of-way.
(1) Minor projects lasting longer than 48 hours but less than 15 working days shall provide 11″ × 17″ posters with 1-inch minimum letters at the beginning and end of the project and every 300 feet between the beginning and the end of the project. Notes must contain:
(A)
(B)
The names, address, and telephone number of the owner and the permittee.
The start and completion dates of the project.
(2) Major projects lasting 15 working days or longer, the excavator shall:
(A) After the permit has been issued and at least five but no more than 30 calendar days
before the anticipated start date of work, mail or deliver written notice to:
(i)
(ii)
(iii)
Residents and occupants along the affected street.
Schools, churches, and other assembly uses within 300 feet of the affected street.
The City of Richmond Engineering Services and Public Works De partments.
(B) At least five calendar days but not more than 15 calendar days prior to starting work, post and maintain 11″ × 17″ notices in accordance with paragraph (r)(1) above. The
notices must contain:
(i)
(ii)
(iii)
(iv)
The name, address, and telephone number of the owner and the permittee.
A description of the project.
The start and completion dates of the project.
The name, address and 24-hour telephone number of a contact person.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.050 - Excavation material.
(a)
(b)
(c)
Pavement shall be cut to a straight, neat, vertical line prior to excavation.
All excavated material shall be removed from the job site within twenty-four (24) hours.
Every trench must be backfilled or covered by trench plates the same day. The City may issue administrative citations or pursue any other legal remedy if the trenches are not properly covered or backfilled in a timely manner. Backfill must meet the requirements specified in
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Section 12.29.060 of this chapter.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.060 - Back�ll.
(a)
(b)
(c)
Trenches shall be backfilled with Class 2 Aggregate Base as specified in the Caltrans Standard Specifications Section 26, "Aggregate Base" or suitable material as required by the City of Richmond Standard Plans and Specifications. Compaction of backfill shall be in accordance with the City of Richmond Standards.
When undermining occurs, remove existing pavement as required to compact the backfill and restore the pavement.
Compaction tests shall be certified by an independent laboratory and submitted to the engineer, who may require the contractor to recompact and retest until the test results show that proper compaction is being achieved.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.070 - Paving.
(a) Trenches shall be paved in accordance with the City of Richmond Standard Plans and Specifications. After the trench has been backfilled, and immediately prior to placing asphalt concrete, the existing asphalt concrete shall be saw cut, or milled according to City of Richmond Standards, to a vertical face. The cut shall be a "T-Cut" according to City of Richmond Standards and the new asphalt concrete paving shall be butt joined to the existing asphalt concrete vertical face. No feathering of new paving to existing paving is allowed. The vertical faces shall be tack coated. In prohibition streets, placement of the final two (2) inches of asphalt concrete wearing surface shall be done by a paving machine or spreader box.
Asphalt concrete shall be delivered and compacted in accordance with the City of Richmond Standard Plans and Specifications.
To allow for proper placement of the new pavement section, damaged pavement outside of the original trench cut lines shall be removed by cutting in lines perpendicular to or parallel to the original trench lines. No diagonal cuts are to be made. Undamaged pavement of three (3) feet or less between two damaged areas shall also be removed.
(b)
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For trenches in recently paved prohibition streets, the entire lane shall be key-cut two (2) inches deep, and repaved with asphalt concrete unless the engineer gives written authorization to resurface with a polymer modified slurry seal instead. Authorization from the engineer to use slurry seal instead of asphalt concrete shall set forth the reasons for the authorization.
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
For trenches in recently slurry sealed prohibition streets, the entire lane shall be resurfaced with polymer modified slurry seal.
Trenches in concrete streets shall be repaved with concrete. The thickness of the new pavement shall be equal to the thickness of the existing pavement with the minimum thickness to be six (6) inches in the roadway.
Trenches in arterial and collector streets shall be paved with not less than six (6) inches asphalt concrete or match the existing pavement thickness (whichever is greater).
Pavement shall be restored within fourteen (14) working days from the time the entire trench is backfilled, unless delay is excused due to circumstances beyond the contractor's control, such as inclement weather. For minor excavations such as service installations, the pavement shall be restored with in thirty (30) working days from the time the entire trench is backfilled, unless delay is excused due to circumstances beyond the contractor's control, such as inclement weather.
Asphalt pavement shall be compacted to obtain a minimum of ninety-five percent (95%)
relative compaction. The asphalt concrete wearing surface shall have no irregularity greater than five-sixteenths of an inch ( 5/16 ″) in ten feet (10′) in any direction.
On all streets steel plates shall be used to facilitate traffic flow and to protect the excavation until finish pavement is restored. Steel plates used to bridge a street opening shall be ramped to the elevation on the adjacent pavement and secured against movement in any direction.
Temporary ramps shall be constructed of asphalt and shall have a gradual 30:1 slope or flatter using asphalt cutback.
All painted USA markings shall be removed by the permittee after the work has been completed.
All damaged pavement markings and striping shall be replaced and restored by the permittee.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.080 - Defects.
(a) Depressed trench pavement shall be repaired as follows:
(1)
(2)
Wearing surface defects—Remove and restore wearing surface.
Major defects—Excavate, remove and restore surface and base.
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The permit inspector will determine the severity of the defect.
(b)
(c)
(d)
(e)
Work not in compliance with the above requirements shall be rejected, removed, and redone by the permittee to the satisfaction of the engineer.
The owner of the facility/utility company is responsible for any roadway defects in the area over and adjacent to the trench appearing after the permittee restores the trench. The owner is responsible for maintenance, repair or reconstruction of the excavation site's affected area until the City of Richmond reconstructs, repaves, or resurfaces the street.
If there is a trench-related failure after the City of Richmond reconstructs, repaves, or resurfaces the street, the owner of the facility/utility company is responsible for its repair if the failure occurs within 1 year of a trench repair.
When the City of Richmond determines that an excavation or a defect is hazardous or constitutes a public nuisance or other imminent threat to public health, safety, or welfare, the engineer may order the responsible party to remedy the condition immediately.
If the responsible party refuses or fails to make the needed repairs immediately, the City of Richmond
will make the repairs and:
(1)
(2)
(3)
The responsible party will be charged all the actual costs including administration, construction, consultant fees, equipment, inspection, notification, and remediation made necessary by the action or inaction of the permittee.
The repair or restoration by the City of Richmond does not relieve the responsible party from liability for future pavement failures.
If the responsible party fails or refuses to pay the restoration cost, the City may use any legal means to recover the costs, including but not limited to property liens and/or court action.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.090 - Violations—Revocation and other penalties.
Any violation of this chapter may be enforced either as an infraction or as a misdemeanor, or by any remedy available to the City under this Code or under State law. Potential enforcement measures include but are not limited to the following:
(a) Fine. If a City inspector finds that a contractor has committed any of the following violations then the contractor may be required to pay a fine or penalty for his or her actions. The penalties for violations are listed in the City's Master Fee Schedule.
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VIOLATIONS PENALTIES
(Not to exceed amount shown)
1. Working without a permit. Administrative
citation, stop work, and apply and pay for
the required permit
2. Excavation without providing public
notice.
Administrative
citation and stop work
3. Beginning a
"Major Project" without having a pre-
construction meeting.
Administrative
citation
4. Violation of
permit conditions.
Administrative
citation
5. Improper site
protection: improper plating, path of travel,
barricading, etc.
Administrative
citation
6. No permit on site. Administrative
citation
7. Improper trimming of trench. Administrative
citation
8. Any trench left open after the allowed
work hours that is
not back�lled and covered.
Administrative
citation
9. Improper public notice: no notice sign,
wrong information on sign/notice.
Administrative
citation
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10. Non-compliance with trench restoration
requirements.
Administrative
citation
11.Improper housekeeping: failure to
remove spoil, dirty site, no sweeping, etc.
Administrative
citation
12. Other excavation code violations. Administrative
citation
The above fines, when assessed, shall be deducted from the cash deposit required by 12.29.040(e)(1)
of this section or will be paid by the applicant if there is not a cash deposit.
(b) Suspension. Whenever the engineer finds that a suspension of an encroachment permit is necessary to protect the public health or safety from imminent danger, the engineer may immediately suspend any such permit pending a hearing for remedial action or revocation.
The engineer shall, within three (3) working days of the emergency suspension, give a written notice of such suspension to the permittee, by personal service or by first class mail, postage prepaid, to the last known address of the permittee. The permittee may, within fifteen (15) days after service of such a written notice of suspension, file with the City Manager a request for hearing regarding the suspension. The City Manager or his or her designee shall schedule a hearing on the suspension within five (5) working days of receipt of a request for hearing. I f the City Manager or his or her designee, after the hearing, finds that the public health or safety requires correction or alteration of any condition caused by, or existing on the site of the encroachment, he or she shall issue one or more of the following:
(1)
(2)
(3)
(4)
An order to correct any particular noncompliance.
A revocation of the encroachment permit.
A continued suspension of the encroachment permit, until such time as the dangerous condition is corrected.
A modification or reinstatement of the encroachment permit, with conditions as necessary
to prevent harm to the public.
The City Manager or his or her designee shall, within ten (10) days of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or his or her designee shall be final, except a decision to revoke the permit which may be appealed to the City Council in accordance with Section 12.30.060.B of this Code.
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(c) Revocation. The engineer may recommend that the City Manager revoke a permit where he or
she finds that:
(1)
(2)
(3)
(4)
(5)
The permittee has violated any provision of this Code or conditions of the permit; or
The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter; or
The encroachment for which the permit was granted adversely affects the safety, capacity, or integrity of the City's public right-of-way or increases the City's liability exposure; or The encroachment is causing the City to incur substantial additional maintenance costs; or Material misrepresentations, omissions, or inaccuracies were made in the application for the permit.
The engineer shall give the permittee at least ten (10) days' written notice of a hearing before the City Manager or his or her designee on the proposed revocation of a permit issued pursuant to this chapter, setting forth the grounds for such action. If, after reviewing all evidence presented before or at the public hearing, the City Manager or his or her designee makes any one of the five findings set forth above, he or she may revoke the permit. The City Manager or his or her designee shall, within ten (10) days after the close of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or his or her designee may be appealed to the City Council in accordance with Section 12.30.060.B of this Code.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
Chapter 12.29 - STREET OPENING AND PAVEMENT RESTORATION REGULATIONS
12.29.010 - Purpose.
The public right-of-way is a unique public resource held in trust for the benefit of the public. This physically limited resource requires proper management to maximize its efficiency and minimize the costs to taxpayers, to protect against foreclosure of future economic expansion because of premature exhaustion of the public right-of-way, and to minimize the inconvenience to and negative effects on the public from use of the public right-of-way by contractors and utility companies.
To achieve the purpose of this chapter, the City of Richmond shall endeavor to coordinate its Capital Improvement Programs with those of utility companies and franchisees with facilities in, on, under or above the public right-of-way. Information about any planned work in the right-of-way shall be shared at the earliest possible time. Utility owners and franchisees are encouraged to coordinate their street excavations so that all work is done simultaneously and the street is not excavated more than once within a twelve-month period.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.020 - De�nitions.
As used in this chapter:
"Agency" means the Richmond Community Redevelopment Agency, a public body corporate and politic.
"Arterial street" means any street with a traffic volume of 7,500 to 15,000 vehicles per day, including Barrett Avenue, Castro Ranch Road, Garrard Boulevard, Harbour Way, MacDonald Avenue, Pennsylvania Avenue, Potrero Avenue, Rheem Avenue, Seventh Street, Solano Avenue, and Thirty-Seventh Street. "Asphalt concrete" or "AC" means blend of aggregate and asphalt binder meeting the specifications set forth in the City of Richmond Standard Specifications Section 39, "Asphalt Concrete" and the Caltrans Standard Specifications Section 39, "Asphalt Concrete." "Chip seal" (see the definition of "Slurry seal").
"City" means the City of Richmond, a charter city and a municipal corporation duly organized and validly existing under the laws of the State of California, and all departments, divisions, and offices thereof.
"Encroach" means constructing or placing temporary or permanent structures, improvements, facilities or materials in, on, over, or under any public right-of-way or using any right-of-way so as to Richmond, CA Code of Ordinances about:blank
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(1)
(2)
(3)
(4)
(5)
(6)
prevent, obstruct, or interfere with the normal use of that way, including but not limited to the performance of any of the following acts:
Excavating or disturbing the public right-of-way;
Erecting or maintaining any post, sign, pole, fence, guard-rail, wall, pipe, conduit, cable, wire, communication service equipment, or other facility or structure on, over, or under a public right-of-way;
Planting any tree, shrub, grass, or other growing thing within the public right-of-way; Placing or leaving on the public right-of-way any rubbish, brush, earth, or material; Constructing, placing, or maintaining on, over, under, or within a public right-of-way any pathway, sidewalk, driveway, or other surfacing; any culvert or other surface drainage or subsurface drainage facility; or any pipe, conduit, wire, communication service equipment or facility, or cable;
Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to the public right-of-way which causes or may cause an encroachment.
"Engineer" means the City Engineer, his or her designee. "Excavation" means any trench cuts within the street right-of-way to access or install a utility line or any related facility in excess of four (4) square feet or four (4) feet long, whichever is smaller. All such excavations shall require an encroachment permit.
"Excavator" means the applicant/permittee to whom an encroachment permit is issued for the purposes of excavation.
"Facility" means any fiberoptic, coaxial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible things located in, upon, above, beneath, or across any public right-of-way. "Major arterial street" means any street with a traffic volume of more than 15,000 vehicles per day, including Carlson Boulevard, Central Avenue, Cutting Boulevard, Hilltop Drive, May Road, Robert H. Miller Drive, San Pablo Avenue, San Pablo Dam Road, Thirteenth Street, Twenty-Second Street, and Twenty- Third Street.
"Major defects" means any defects greater than the deficiency tolerances specified in the City of Richmond, CA Code of Ordinances about:blank
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Richmond Standard Plans and Details; the Caltrans Standard Specifications and Details; or Individual Contract Plans and Specifications.
"Micro paving" (see the definition of "Slurry seal").
"Micro surfacing" (see the definition of "Slurry seal"). "Permittee" means any person, contractor, utility or special district that has been issued a permit pursuant to this chapter, including any lawful successor, transferee, or assignee of the original permittee.
All obligations, responsibilities, and other requirements of the permittee shall be binding on successors in interest of the original permittee.
"Person" means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer, or employee of any of them or any other entity which is recognized by law as the subject of rights or duties, not including the City of Richmond, the Richmond Community Redevelopment Agency, or the City's or Agency's officers, employees, or agents.
"Prohibition street" means streets that have been reconstructed or resurfaced within the past three to five years (see Section 12.29.030.A, below).
"Public right-of-way" means the area in, upon, above, beneath, or across any land or interest which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for travel, and includes any public street, road, highway, freeway, bridge, lane, court, alley, boulevard, sidewalk, median, parkway, or emergency vehicle easement.
"Public street" means the full width of the surfaced or travel portion, including shoulders, of any road, street, path, lane, or alley dedicated to, reserved for, or used by or for the general public when those roads, streets, paths, lanes, and alleys have been accepted as and declared to be part of the City system of public streets, except highways forming a part of the State highway system. "Slurry seal" means a mixture of polymer modified asphalt emulsion, mineral aggregate, mineral filler, water, and other additives, properly proportioned, mixed, and spread in accordance with the City of Richmond Standard Plans and Details and the Caltrans Standard Specifications; usually less than ½ inches in thickness.
"Special district" means any agency of the State for the local performance of governmental or proprietary functions within limited boundaries, and includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area within which a property tax or assessment will be levied to pay for a service or improvement benefitting that area. "Street overlay" means one or more courses of asphalt construction on an existing pavement; usually Richmond, CA Code of Ordinances about:blank
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(a)
(1)
(2)
(3)
(4)
(5)
(b)
(1)
(A)
(B)
greater than ½ inches in thickness; generally includes an asphalt leveling course to correct the contour of the old pavement.
"Structure" means any physical alteration or improvement, including but not limited to a building, post, cabinet, fence, vault, sign, pole, guard rail, wall, facility, pedestrian walking path, sidewalk, driveway, track, surfacing, culvert, drainage facility, pipe, embankment, or excavation. "Underground utility district" has the meaning set forth in Chapter 12.48 of the Richmond Municipal Code.
"Utility" means any person or entity providing electricity, gas, telephone, telecommunications, water, or other services to customers, and which pursuant to State law or local franchise is entitled to install its facilities in the public right-of-way.
"Wearing surface defects" mean the defects in the surface of a roadway that is in direct contact with traffic and that resists the resulting abrading, crushing, or other disintegrating action. (Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.030 - Prohibition period.
Newly constructed or resurfaced streets shall be termed "prohibition streets" within this section. Permission to excavate in prohibition streets will not be granted for five (5) years after the completion of street overlays. An overlay consists of at least a ½-inch thick layer of asphalt.
For those streets with chip seal, slurry seal coating, or micro paving with less than ½ inch of new pavement, the prohibition period shall be for three (3) years. Utilities shall plan well enough in advance to determine alternate methods of making necessary repairs to avoid excavating in newly resurfaced streets. Exceptions to the above policy are as follows:
Emergencies that endanger life or property.
Interruption of essential utility service.
Work that is mandated by City, State, or Federal law.
Service for buildings where no other reasonable means of providing service exists.
Situations in which no alternative course of action exists, as determined by the engineer in writing setting forth the facts giving rise to the conclusion that no alternative exists.
To excavate in a prohibition street a waiver must be obtained.
To request a waiver, the applicant must submit a written request to the engineer. The request must include:
The location of the excavation.
Description of the work to be performed.
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(D)
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The reason(s) the work was not performed before the street was paved.
The reason(s) the work cannot be deferred until after the prohibition period.
The reason(s) the work cannot be performed at another location.
The reason(s) it is justified to excavate the prohibition street.
Any excavation in prohibition streets will be repaired with full lane width paving on the street as follows (refer also to Section 12.29.070, Paving):
Overlaid or reconstructed streets: All lanes that are affected shall be ground down 2 inches and repaved with 2 inches of asphalt concrete, OR all lanes that are affected shall be resurfaced per Section 12.29.070, Paving.
Slurry sealed, chip sealed, or micro surfaced streets: All lanes that are affected shall be resurfaced per Section 12.29.070, Paving.
A minimum of one (1) feet on either side of the trench shall be resurfaced if the excavation is a lateral cut. For longitudinal trenches the entire length plus one (1) foot on either end shall be resurfaced.
Exception: Full lane width restoration shall not be required if either of the following conditions apply:
The work is not considered an excavation as defined in Section 12.29.020.
The work is being performed on behalf of a low-income household in order to bring an owner-occupied single-family residence into compliance with sanitary sewer regulations at any time other than as part of the sale of the residence. Low- income is defined as 80% of area median family income. The purpose of this exception is to prevent hardship to property owners of limited means and it shall be interpreted and applied solely to achieve that purpose.
Before issuing a permit for work in a prohibition street, the engineer will verify that the applicant has analyzed all feasible alternatives to make the necessary repairs using a trenchless method in prohibition streets to avoid excavating a newly resurfaced street whenever possible.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.040 - Permits.
Any and all construction work within the public right-of-way shall require an encroachment permit. Anyone doing excavation work within the City of Richmond public right-of-way shall obtain a street cut permit for the purpose of excavation in addition to any other required permits. The contractor performing the work shall apply for the permit.
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The permit application may be obtained from the City of Richmond Engineering Services Department.
Prior to applying for a street cut permit, the excavator must register with the City of Richmond.
The contractor performing the work shall apply for the permit. The following must be provided to register for an excavation permit:
A cash deposit equal to five hundred dollars ($500) or 25% of the value of the work (whichever is greater) as a warranty bond. Companies working under a franchise agreement that includes a bond are not required to post the cash deposit unless/until they have been issued a notice or citation for a violation by the City of Richmond standards or permit requirements.
A current City of Richmond Business License.
Current evidence of insurance.
24-hour phone number for emergencies.
The name, telephone number, and mailing address (fax number, cell phone, and e-mail address if available) of the person who will receive all office correspondence from the City of Richmond.
All applications shall include plans indicating the following:
Name of the street to be excavated and the nearest cross street.
Distance of proposed excavation from the face of curb.
Distance of proposed excavation from the intersection.
The size of the excavation (length and width).
The location of any above ground facilities to be installed, showing:
Distance from curb and any street facilities/furnishings.
Purpose of the facility.
Size of the facility.
Location of doors and door swings.
The location of any existing underground facilities and the location of underground facilities to be installed showing:
Conduit vaults, maintenance holes, pipes, etc.
Structural detail and additional information for structures to be installed such as vaults and maintenance holes.
The construction method of the structure to be installed.
Construction detail, location, size, design criteria and the purpose of the facility to be Richmond, CA Code of Ordinances about:blank
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installed.
Cross section of a typical trench indicating:
The approximate depth of the facility to be installed.
Trench backfill depth, compaction and layer depths.
Pavement section detail (type and depths).
Plans, structural details, and trench cross section must be signed and stamped by a licensed civil engineer, when legally required.
The plan may show the approximate location of the excavation provided that on an "as- built" plan, the exact location of the excavation is shown. The "as-built" plan shall be submitted prior to the permit being finalized.
A traffic control plan.
All excavation permit fees are due at the time the permit is issued. These fees represent the value of staff time in processing a permit application and are non-refundable.
All past due fees, fines and penalties owed by the applicant must be paid before a permit will be issued.
If a permit violation occurs no other application will be processed until the fines and penalties have been paid and all permit conditions are met.
If an account is past due or not in good standings, a permit cannot be issued until the account is brought into good standing. To bring the account to good standing, all fees and fines must be paid.
As a condition of the permit to excavate, the applicant shall provide evidence of an inquiry identification number issued by a regional notification center (Underground Service Alert, USA) pursuant to Section 4216, California Government Code.
Permittees and excavators shall pay close attention to the location and alignment of all USA markings while performing their work.
USA Codes are:
Electric Red
Gas-Oil Yellow
Communication-CATV Orange
Water Blue
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(j)
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(1)
(2)
(3)
Sewer Green
Temporary Survey Markings Pink
Proposed Excavation White
If an excavator damages other facilities during their excavation work the excavator will need an additional street cut permit if additional excavation and trenches are needed to repair the damaged facility. The original permittee shall maintain the site and restore the pavement and any affected signage or striping.
Except in an emergency, street cut permits shall be taken out in advance of excavation work.
An emergency is considered to exist only when life or property is endangered or when an essential utility service is or may be interrupted during weekends, holidays, or between 5:00 p.m. and 8:00 a.m. of normal working days.
In the event of an emergency, the excavator shall notify the City of Richmond and apply for a street cut permit for "emergency work" within four (4) hours after the City of Richmond's office opens.
Pre-construction meeting:
A pre-construction meeting shall be held for all projects that are scheduled to take longer than 15 working days to complete.
The owner, contractor, any other agency that is involved and the City of Richmond shall attend this meeting.
For projects that are supposed to be completed within 15 days, and are not completed within the allowed time, the City may issue administrative citations if a pre-construction meeting was not held.
The traffic control plan shall be approved prior to the pre-construction meeting.
Permit duration shall be indicated on the permit:
All permits shall include estimated start and completion dates. A permit is valid from the construction start date specified on the approved permit until the specified completion date.
Excavation permits are not valid if other required permits are not obtained or required notifications are not given.
No disruption of traffic is allowed after 4:00 p.m. and before 8:00 a.m. unless specifically Richmond, CA Code of Ordinances about:blank
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(o)
(1)
(2)
(A)
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(p)
(1)
(2)
approved for these hours.
Some permits may be valid on specific dates. They may be approved with special conditions specifying dates:
When work shall be done.
When work shall be completed.
Before which work shall not start.
Permits expire and become void, unless otherwise amended:
Sixty (60) days after the start date, if no work has begun.
If the work is not diligently proceeding and there are delays of more than four (4) working days after the work has started, unless the delays are caused by weather or other circumstances beyond the permittee's control.
When the excavation, including the trench restoration, is completed or on the date specified on the permit as the expiration date.
The work is determined to be proceeding diligently if:
After a project begins, work continues on a regular basis, except for weekends, holidays, inclement weather, labor disputes, or any emergency beyond the control of the permittee.
The permittee ensures that all necessary materials and supplies are on hand and ready for use so as not to delay the excavation and the prompt restoration of the public right-of-way.
A valid permit may be extended be requesting an extension prior to the expiration date by specifying the dates that need to be changed and explaining the reason for the extension. The engineer reserves the right to deny a request for extension.
If an application has been withdrawn or an approved permit is cancelled prior to the start of work the applicant or permittee may request a refund of the bond funds; all other permit fees are non-refundable.
To request a refund, submit a written request to the engineer.
The request shall include:
The reason for cancellation or withdrawal.
The permit number.
By accepting a street cut and/or encroachment permit, the permittee and the owner of the facility(ies) for which the permit has been issued agree:
To follow all laws, rules, regulations, and permit conditions.
To assure that their employees, contractors, and subcontractors, comply with all laws, Richmond, CA Code of Ordinances about:blank
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(ii)
(iii)
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(c)
rules, regulations, and permit conditions.
To indemnify the City of Richmond against all claims for personal injury or property damage that may arise in connection with the work.
The street cut and/or encroachment permit shall be available during work periods at the excavation site, until the project is completed and approved by the engineer. Permit(s) shall be shown to the City of Richmond employees upon request.
The excavator shall provide public notifications when excavating in the public right-of-way.
Minor projects lasting longer than 48 hours but less than 15 working days shall provide 11″ × 17″ posters with 1-inch minimum letters at the beginning and end of the project and every 300 feet between the beginning and the end of the project. Notes must contain:
The names, address, and telephone number of the owner and the permittee.
The start and completion dates of the project.
Major projects lasting 15 working days or longer, the excavator shall:
After the permit has been issued and at least five but no more than 30 calendar days before the anticipated start date of work, mail or deliver written notice to:
Residents and occupants along the affected street.
Schools, churches, and other assembly uses within 300 feet of the affected street.
The City of Richmond Engineering Services and Public Works Departments.
At least five calendar days but not more than 15 calendar days prior to starting work, post and maintain 11″ × 17″ notices in accordance with paragraph (r)(1) above. The notices must contain:
The name, address, and telephone number of the owner and the permittee.
A description of the project.
The start and completion dates of the project.
The name, address and 24-hour telephone number of a contact person. (Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.050 - Excavation material.
Pavement shall be cut to a straight, neat, vertical line prior to excavation.
All excavated material shall be removed from the job site within twenty-four (24) hours.
Every trench must be backfilled or covered by trench plates the same day. The City may issue administrative citations or pursue any other legal remedy if the trenches are not properly covered or backfilled in a timely manner. Backfill must meet the requirements specified in Richmond, CA Code of Ordinances about:blank
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Section 12.29.060 of this chapter.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.060 - Back�ll.
Trenches shall be backfilled with Class 2 Aggregate Base as specified in the Caltrans Standard Specifications Section 26, "Aggregate Base" or suitable material as required by the City of Richmond Standard Plans and Specifications. Compaction of backfill shall be in accordance with the City of Richmond Standards.
When undermining occurs, remove existing pavement as required to compact the backfill and restore the pavement.
Compaction tests shall be certified by an independent laboratory and submitted to the engineer, who may require the contractor to recompact and retest until the test results show that proper compaction is being achieved.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.070 - Paving.
Trenches shall be paved in accordance with the City of Richmond Standard Plans and Specifications. After the trench has been backfilled, and immediately prior to placing asphalt concrete, the existing asphalt concrete shall be saw cut, or milled according to City of Richmond Standards, to a vertical face. The cut shall be a "T-Cut" according to City of Richmond Standards and the new asphalt concrete paving shall be butt joined to the existing asphalt concrete vertical face. No feathering of new paving to existing paving is allowed. The vertical faces shall be tack coated. In prohibition streets, placement of the final two (2) inches of asphalt concrete wearing surface shall be done by a paving machine or spreader box.
Asphalt concrete shall be delivered and compacted in accordance with the City of Richmond Standard Plans and Specifications.
To allow for proper placement of the new pavement section, damaged pavement outside of the original trench cut lines shall be removed by cutting in lines perpendicular to or parallel to the original trench lines. No diagonal cuts are to be made. Undamaged pavement of three (3) feet or less between two damaged areas shall also be removed.
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For trenches in recently paved prohibition streets, the entire lane shall be key-cut two (2) inches deep, and repaved with asphalt concrete unless the engineer gives written authorization to resurface with a polymer modified slurry seal instead. Authorization from the engineer to use slurry seal instead of asphalt concrete shall set forth the reasons for the authorization.
For trenches in recently slurry sealed prohibition streets, the entire lane shall be resurfaced with polymer modified slurry seal.
Trenches in concrete streets shall be repaved with concrete. The thickness of the new pavement shall be equal to the thickness of the existing pavement with the minimum thickness to be six (6) inches in the roadway.
Trenches in arterial and collector streets shall be paved with not less than six (6) inches asphalt concrete or match the existing pavement thickness (whichever is greater).
Pavement shall be restored within fourteen (14) working days from the time the entire trench is backfilled, unless delay is excused due to circumstances beyond the contractor's control, such as inclement weather. For minor excavations such as service installations, the pavement shall be restored with in thirty (30) working days from the time the entire trench is backfilled, unless delay is excused due to circumstances beyond the contractor's control, such as inclement weather.
Asphalt pavement shall be compacted to obtain a minimum of ninety-five percent (95%) relative compaction. The asphalt concrete wearing surface shall have no irregularity greater than five-sixteenths of an inch ( 5/16 ″) in ten feet (10′) in any direction.
On all streets steel plates shall be used to facilitate traffic flow and to protect the excavation until finish pavement is restored. Steel plates used to bridge a street opening shall be ramped to the elevation on the adjacent pavement and secured against movement in any direction.
Temporary ramps shall be constructed of asphalt and shall have a gradual 30:1 slope or flatter using asphalt cutback.
All painted USA markings shall be removed by the permittee after the work has been completed.
All damaged pavement markings and striping shall be replaced and restored by the permittee. (Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.080 - Defects.
Depressed trench pavement shall be repaired as follows:
Wearing surface defects—Remove and restore wearing surface.
Major defects—Excavate, remove and restore surface and base.
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The permit inspector will determine the severity of the defect.
Work not in compliance with the above requirements shall be rejected, removed, and redone by the permittee to the satisfaction of the engineer.
The owner of the facility/utility company is responsible for any roadway defects in the area over and adjacent to the trench appearing after the permittee restores the trench. The owner is responsible for maintenance, repair or reconstruction of the excavation site's affected area until the City of Richmond reconstructs, repaves, or resurfaces the street.
If there is a trench-related failure after the City of Richmond reconstructs, repaves, or resurfaces the street, the owner of the facility/utility company is responsible for its repair if the failure occurs within 1 year of a trench repair.
When the City of Richmond determines that an excavation or a defect is hazardous or constitutes a public nuisance or other imminent threat to public health, safety, or welfare, the engineer may order the responsible party to remedy the condition immediately.
If the responsible party refuses or fails to make the needed repairs immediately, the City of Richmond will make the repairs and:
The responsible party will be charged all the actual costs including administration, construction, consultant fees, equipment, inspection, notification, and remediation made necessary by the action or inaction of the permittee.
The repair or restoration by the City of Richmond does not relieve the responsible party from liability for future pavement failures.
If the responsible party fails or refuses to pay the restoration cost, the City may use any legal means to recover the costs, including but not limited to property liens and/or court action.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.090 - Violations—Revocation and other penalties.
Any violation of this chapter may be enforced either as an infraction or as a misdemeanor, or by any remedy available to the City under this Code or under State law. Potential enforcement measures include but are not limited to the following:
Fine. If a City inspector finds that a contractor has committed any of the following violations then the contractor may be required to pay a fine or penalty for his or her actions. The penalties for violations are listed in the City's Master Fee Schedule.
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VIOLATIONS PENALTIES
(Not to exceed amount shown)
1. Working without a permit. Administrative
citation, stop work, and apply and pay for
the required permit
2. Excavation without providing public
notice.
Administrative
citation and stop work
3. Beginning a
"Major Project" without having a pre-
construction meeting.
Administrative
citation
4. Violation of
permit conditions.
Administrative
citation
5. Improper site
protection: improper plating, path of travel,
barricading, etc.
Administrative
citation
6. No permit on site. Administrative
citation
7. Improper trimming of trench. Administrative
citation
8. Any trench left open after the allowed
work hours that is
not back�lled and covered.
Administrative
citation
9. Improper public notice: no notice sign,
wrong information on sign/notice.
Administrative
citation
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(1)
(2)
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10. Non-compliance with trench restoration
requirements.
Administrative
citation
11.Improper housekeeping: failure to
remove spoil, dirty site, no sweeping, etc.
Administrative
citation
12. Other excavation code violations. Administrative
citation
The above fines, when assessed, shall be deducted from the cash deposit required by 12.29.040(e)(1) of this section or will be paid by the applicant if there is not a cash deposit.
Suspension. Whenever the engineer finds that a suspension of an encroachment permit is necessary to protect the public health or safety from imminent danger, the engineer may immediately suspend any such permit pending a hearing for remedial action or revocation.
The engineer shall, within three (3) working days of the emergency suspension, give a written notice of such suspension to the permittee, by personal service or by first class mail, postage prepaid, to the last known address of the permittee. The permittee may, within fifteen (15) days after service of such a written notice of suspension, file with the City Manager a request for hearing regarding the suspension. The City Manager or his or her designee shall schedule a hearing on the suspension within five (5) working days of receipt of a request for hearing. If the City Manager or his or her designee, after the hearing, finds that the public health or safety requires correction or alteration of any condition caused by, or existing on the site of the encroachment, he or she shall issue one or more of the following:
An order to correct any particular noncompliance.
A revocation of the encroachment permit.
A continued suspension of the encroachment permit, until such time as the dangerous condition is corrected.
A modification or reinstatement of the encroachment permit, with conditions as necessary to prevent harm to the public.
The City Manager or his or her designee shall, within ten (10) days of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or his or her designee shall be final, except a decision to revoke the permit which may be appealed to the City Council in accordance with Section 12.30.060.B of this Code.
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Revocation. The engineer may recommend that the City Manager revoke a permit where he or she finds that:
The permittee has violated any provision of this Code or conditions of the permit; or The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter; or
The encroachment for which the permit was granted adversely affects the safety, capacity, or integrity of the City's public right-of-way or increases the City's liability exposure; or The encroachment is causing the City to incur substantial additional maintenance costs; or Material misrepresentations, omissions, or inaccuracies were made in the application for the permit.
The engineer shall give the permittee at least ten (10) days' written notice of a hearing before the City Manager or his or her designee on the proposed revocation of a permit issued pursuant to this chapter, setting forth the grounds for such action. If, after reviewing all evidence presented before or at the public hearing, the City Manager or his or her designee makes any one of the five findings set forth above, he or she may revoke the permit. The City Manager or his or her designee shall, within ten (10) days after the close of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or his or her designee may be appealed to the City Council in accordance with Section 12.30.060.B of this Code. (Ord. No. 39-09 N.S., § I, 12-1-2009)
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cc15Feb2022 – sl/prc
RICHMOND, CALIFORNIA,
February 15, 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 Eduardo Martinez, Gayle McLaughlin, Melvin Willis, Vice Mayor Demnlus Johnson III, and Mayor Thomas K. Butt. Absent: Councilmembers Nathaniel Bates and Claudia Jimenez arrived after the roll was called.
C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) SPRAWLDEF et al. v. City of Richmond
The Guidiville Rancheria of California, et al. v. The United States of America, et. al.
North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
City of Richmond v. Thomas K. Butt
C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) Three Cases
In light of the California Court of Appeal's decision in Fowler v. City of Lafayette, the City Attorney's Office is attaching to this agenda four communications regarding the amended judgment and various agreements related to Point Molate. These letters provide the existing facts and circumstances for going into closed session on these items pursuant to California Government Code Section 54956.9(d)(2) and (e)(3).
C.3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government
Code Section 54957)
Title: City Manager
cc15Feb2022 – sl/prc
C.4 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: Terminal One
Agency negotiators: Shasa Curl and Lina Velasco
Negotiating parties: Terminal One Development LLC
Under negotiation: Price and terms of payment
C.5 PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957.6)
Title: City Attorney
D. PUBLIC COMMENT BEFORE CLOSED SESSION
Sally Tobin gave comments via teleconference regarding submitting eComments using the City of Richmond’s new eScribe agenda management system.
Cynthia Carmichael gave comments regarding air pollution and coal dust. Ms.
Carmichael expressed concerns regarding the Richmond shoreline activity, toxin cleanup attempts, and sea-level rise.
E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 5:05 p.m. Closed Session adjourned at 7:31 p.m.
F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
The Special Meeting of the Richmond Housing Authority Board of Commissioners was called to order at 7:33 p.m. by Chair Thomas K. Butt via teleconference.
G. ROLL CALL
Present: Commissioners Claudia Jimenez, Eduardo Martinez, Gayle McLaughlin, Melvin Willis, Vice Chair Demnlus Johnson III, Chair Thomas K. Butt, and Housing Authority Tenant Commissioner Jaycine Scott. Absent: Commissioner Nathaniel Bates 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
None.
K. HOUSING AUTHORITY CONSENT CALENDAR
A motion made by Commissioner McLaughlin, seconded by Vice Chair Johnson III, to approve the Consent Calendar item passed by the unanimous vote of the Housing Authority Board of Commissioners.
K.1 Continued use of teleconference technology for meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361
ADOPT a resolution requiring the continued use of teleconferencing for the meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510-620-6513).
cc15Feb2022 – sl/prc
Adopted Resolution No. 2154
K.1 Continued use of teleconference technology for meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361
ADOPT a resolution requiring the continued use of teleconferencing for the meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510-620-6513).
Adopted Resolution No. 2154
L. ADJOURNMENT
There being no further business, the meeting adjourned at 7:41 p.m.
M. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 7:42 p.m. by Mayor Thomas K. Butt via teleconference.
N. ROLL CALL
Present: Councilmembers Nathaniel Bates, Claudia Jimenez, Eduardo Martinez, Gayle McLaughlin, Melvin Willis, Vice Mayor Demnlus Johnson III, and Mayor Thomas K.
Butt. Absent: None.
O. STATEMENT OF CONFLICT OF INTEREST
None.
P. ELECTION OF THE VICE MAYOR FOR 2022
P.1 Election of Vice Mayor to serve for 2022 - Office of the Mayor (Tom Butt 510-620-6503).
Motion by Councilmember Jimenez
Seconded by Councilmember Bates
To elect Councilmember Eduardo Martinez as vice mayor of 2022.
Ayes (7): Councilmember Bates, Councilmember Jimenez, Councilmember Johnson III, Councilmember Willis, Councilmember McLaughlin, Vice Mayor Martinez, and Mayor Butt
Passed (7 to 0)
Q. AGENDA REVIEW
Item V.8.a was removed from the Consent Calendar for discussion at the end of the agenda; and was subsequently continued to the March 1, 2022, City Council meeting.
Item Y.1 was withdrawn from the agenda and subsequently placed back on the agenda for discussion.
City Clerk Pamela Christian announced there was a correction to Item V.5.a regarding the Richmond Police Activities League lease agreement adding section 2.4, "Termination and Furtherance of Development" to read," tenant understands and acknowledges that notwithstanding the provisions of Section 2 stating otherwise, landlord may seek to utilize the property as a potential housing development site and furtherance of such process, landlord may terminate this agreement during the term upon 90 days prior written notice to tenant."
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City Clerk Pamela Christian also announced that Item V.7.a setting a public hearing was continued from the February 1, 2022, City Council meeting and the public hearing was rescheduled from February 15 to March 1, 2022.
Mayor Butt advised that he received several complaints regarding the length of City Council meetings and the length of time councilmembers discuss items. Mayor Butt stated that there was a provision in the City Council Rules of Procedure and Order that each councilmember was allowed up to five minutes. Mayor Butt requested councilmembers to limit their comments to five minutes or less or he would institute a timer on councilmembers.
R. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
Interim City Attorney Dave Aleshire stated that there was no reportable action taken for the three litigation matters regarding Point Molate. Mr. Aleshire reported that with regard to the City of Richmond vs. Thomas K. Butt litigation, they were trying to work out a settlement of the case. There was a motion made by Vice Mayor Johnson III, seconded by Councilmember Jimenez, that passed with a vote of 5-0, Councilmember Bates abstained, and Mayor Butt was absent, directing staff to work on a settlement agreement and return to a future open session with a contract for legal fees. The performance evaluation matter was discussed, the direction given to staff was to follow up on some matters, and no reportable action was taken. The Terminal One matter was not discussed. Mr. Aleshire reported that with regard to the city attorney appointment matter, there was a discussion of the recruitment process which was ongoing.
S. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
Interim City Manager Shasa Curl announced that the City of Richmond was awarded $1.3 million in grant funding to support the implementation of the Cannabis Equity Program and equity applicants starting and expanding cannabis businesses. Ms. Curl provided an update on the accomplishments made by the Economic Development Division for cannabis equity. Ms. Curl announced the application deadline for the Hidden Genius Juniors Project Intensive Immersion Program was on February 18, 2022.
Ms. Curl welcomed the community to call (510) 620-6512 with questions regarding the programs.
T. REPORT FROM THE IMPLEMENTATION SUB-COMMITTEE FOR
REIMAGINING TASK FORCE (public comment allowed under Open Forum) Subcommittee Member Marcus Njissang presented a PowerPoint that highlighted the following: unhoused intervention; Community Crisis Response Program; Office of Neighborhood Safety; and YouthWORKS. The council requested the subcommittee to consider holding publicly open meetings with recordings, and for the city attorney to review the Brown Act concerns, and provide a legal opinion.
U. OPEN FORUM FOR PUBLIC COMMENT
The following individuals gave comments via teleconference:
Maeve Bergman recommended the California Apprenticeship Initiative, High Road Training Partnerships grant, and Workforce Investment Community College grant as resources for youth workforce development.
Ms. Bergman, Terry Dunn, and Katherine Rubie expressed concerns regarding multiple fires at the Rydin Road encampment. Ms. Bergman and Ms. Rubie requested medical and management case support for the unhoused community. Ms. Rubie recommended that there be a clause that enables intervention at the encampment by police in dangerous
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situations. Ms. Rubie gave comments in support of Item Y.3, regarding non-residential junior accessory dwelling units.
Mark Wassberg gave comments regarding Item P.1, concerning the election of the vice mayor. Mr. Wassberg also gave comments regarding documents signed by former Vice Mayor Johnson III on the mayor’s signature line. Mr. Wassberg expressed concerns regarding the Richmond Progressive Alliance.
Deborah Small expressed concerns regarding the lack of equity for arrests concerning the Cannabis Equity Program. Ms. Small gave comments regarding the Implementation Subcommittee of the Reimagining Public Safety Community (RPSC) Task Force.
Karla Perez expressed concerns regarding the lack of parking caused by the City of Richmond at the Monterey Pine Apartments due to repairs and maintenance. Ms. Perez gave comments regarding the length of City Council meetings and late start times.
Alfredo Angulo, B.K. White, Lupe Chavez, Robert Travis, Elvira Figueroa, Brandon Wilkens, Raylynn McIntire, Tony Tamayo, and Dani Zacky gave comments in support of Item V.3.b regarding a safe and fair contract for workers at the Chevron Refinery in Richmond.
Jessi Taran reported that the fires at the Rydin Road encampment were caused by one individual. Ms. Taran expressed concerns regarding the lack of security cameras at the encampment. Ms. Taran urged the council to support Item V.3.b.
Ramon Quintana, Lea Murray, Payton Silket, and Brenda Boman expressed concerns regarding safety issues at the Rydin Road encampment and urged the council to remove the individual causing the safety concerns. Ms. Quintana also expressed concerns regarding Rydin Road encampment residents with medical conditions.
Marisol Cantu and Jamin Pursell gave comments in support of Item V.3.b and the RPSC Task Force Implementation Subcommittee update.
V. CITY COUNCIL CONSENT CALENDAR
Motion by Councilmember Willis
Seconded by Councilmember Johnson III
To approve all items on the Consent Calendar except Item V.8.a and with Mayor Butt voting no on Item V.7.b.
Ayes (7): Councilmember Bates, Councilmember Jimenez, Councilmember Johnson III, Councilmember Willis, Councilmember McLaughlin, Vice Mayor Martinez, and Mayor Butt
Passed (7 to 0)
V.1 City Attorney's Office
V.1.a Adopt a Resolution Amending the City of Richmond’s Conflict of Interest Code
ADOPT a resolution amending the City of Richmond’s Conflict of Interest Code to ensure that all City positions required to file Statements of Economic Interest are properly identified – City Attorney’s Office (Interim City Attorney Dave Aleshire 510-620-6509).
Adopted Resolution No. 15-22
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V.2 City Clerk's Office
V.2.a Continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill (Ab) 361 ADOPT a resolution requiring the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361 – City Clerk’s Office (Pamela Christian 510-620- 6513).
Adopted Resolution No. 16-22
V.3 City Council
V.3.a Rename Baseball Diamond #2 at Nicholl Park in Honor of National Hero Willie Mays
APPROVE a request to rename Baseball Diamond Field #2 at Nicholl Park to Willie Mays Baseball Field; and ADOPT a Resolution of Intent to set a public hearing for March 1, 2022 - Councilmembers Nathaniel Bates (510-620-6743) and Melvin Willis (510- 412-2050).
Adopted Resolution of Intention No. 921
V.3.b Support of a safe and fair contract for refinery workers at Chevron, Richmond, CA
ADOPT a resolution of the Richmond City Council in support of a safe and fair contract for Refinery workers at Chevron in Richmond, California; and DIRECT staff to send a copy of the resolution and cover letter to the Chevron CEO John Watson - Councilmembers Claudia Jimenez (510-620-6565) and Eduardo Martinez (510-620-6593).
Adopted Resolution No. 17-22
V.4 Community Development
V.4.a Contract with West Contra Costa Public Education Fund (Edfund West) to Support Richmond Residents Impacted by Covid through the Richmond Rapid Response Fund (R3F).
APPROVE a sole source contract with West Contra Costa Public Education Fund (EdFund West) to manage the distribution of American Rescue Plan Act (ARPA) funding to support Richmond residents impacted by COVID through the Richmond Rapid Response Fund (R3F), in an amount not to exceed $600,000, for a term from February 15, 2022, to December 31, 2024 – Community Development Department (Lina Velasco 620-6706).
V.5 Economic Development
V.5.a Lease Agreement - Richmond Police Activities League ADOPT a resolution approving the lease agreement between the City of Richmond and the Richmond Police Activities League (“RPAL”) (as lessee), for the construction and maintenance of a parking lot and an option for a community garden and supportive programs at 175 23rd Street, for a ten (10) year term with two (2) successive five (5) year option periods, at an annual rate of $1.00 per year – City Manager’s Office (Craig Murray 510-307-8188).
Adopted Resolution No. 18-22 with amendments discussed during Agenda Review.
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V.5.b Authorization to Apply for Calrecycle Grants
ADOPT a resolution authorizing the city manager or their designee to submit grant applications for any and all CalRecycle grants for which the City of Richmond is eligible; and if any grants are awarded, to ACCEPT and APPROPRIATE into the budget - City Manager’s Office (Shasa Curl/Samantha Carr 510-620-5407).
Adopted Resolution No. 19-22
V.6 Human Resources
V.6.a Contract with Governmentjobs.com dba NeoGov and
Governmentjobs.com Job Postings.
APPROVE a sole-source contract with Governmentjobs.com dba NeoGov for software support and a subscription for job postings to the public - Human Resources Department (Anil Comelo 510-620-6609).
V.7 Library and Community Services
V.7.a Approval of the Juneteenth Freedom Mural Project and Resolution of Intent to Rename
APPROVE the Juneteenth Freedom Mural Project at the South 37th Street Underpass; ADOPT a resolution of Intention to rename the South 37th Street Underpass to Juneteenth Freedom Underpass; and RESCHEDULE a Public Hearing previously scheduled for February 15, 2022, to March 1, 2022 – Community Services Department (LaShonda White/Ranjana Maharaj/Stephanie Ny 510-620-6563). This item was continued from the February 1, 2022, meeting.
Adopted Resolution of Intention No. 922
V.7.b Contract with HR&A Advisors, Inc. to support American Rescue Plan Act Community Needs Assessment and Strategic Investment Plan Development
APPROVE a contract with HR&A Advisors, Inc. to conduct a community needs assessment and develop and implement a strategic investment plan to provide guidance on spending the City’s remaining American Rescue Plan Act (ARPA) allocation, for a total amount not to exceed $250,000, with a term from February 16, 2022, to June 30, 2023 – Library and Community Services (LaShonda White 510-620-6512).
Mayor Butt voted no on this item.
V.8 Public Works
V.8.a Booker T. Anderson Community Center Fire Restoration Project APPROVE a construction contract with Angotti & Reilly Inc. for the Booker T. Anderson Community Center Fire Restoration Project, located at 960 S. 47th St., Richmond, in an amount not to exceed $2,583,900 including $2,349,000 low bid plus $234,900 contingency; and APPROPRIATE the funding from the Risk Management fund balance.
There will be a reimbursement from insurance for the majority of the cost – Public Works Department (Joe Leach 510-620-5478).
Continued to the March 1, 2022, City Council meeting.
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W. BUDGET SESSION
W.1 Final Adjustments to Fiscal Year 2020-2021 Budget
RECEIVE an update on the Fiscal Year 2020-2021 budget – City Manager’s Office/Finance Department (Shasa Curl/Anil Comelo/Belinda Brown/Antonio Banuelos 510-620-6740). This item was continued from the February 1, 2022, meeting.
Interim City Manager Shasa Curl introduced the matter. Ms. Curl, Director of Finance Belinda Brown, and Interim Deputy City Manager Anil Comelo presented a PowerPoint that highlighted the following: Richmond Housing Authority liability; General Fund revenues vs. expenditures; original and additional adopted proposed surplus uses and final uses; and next steps including community budget meetings. Discussion ensued. The council requested clarification on the correct amount that was in the reserves. Ms. Curl clarified that staff's intention for the item implemented the recommendations contained in the staff report because the city had to try to comply with the auditor's recommendations.
Motion by Councilmember McLaughlin
Seconded by Councilmember Bates
To receive said budget update.
Ayes (7): Councilmember Bates, Councilmember Jimenez, Councilmember Johnson III, Councilmember Willis, Councilmember McLaughlin, Vice Mayor Martinez, and Mayor Butt
Passed (7 to 0)
W.2 City of Richmond Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2021
RECEIVE a report on the City’s Annual Comprehensive Financial Report (ACFR) for Fiscal Year 2020-2021 – Finance Department (Belinda Brown/Delmy Cuellar 510-620-6740). This item was continued from the February 1, 2022, meeting.
Interim City Manager Shasa Curl introduced the matter. Director of Finance Belinda Brown and Badawi & Associates Certified Public Accountant Ahmed Badawi presented a PowerPoint that highlighted the following: engagement team; deliverables and scope of the audit; areas of primary audit emphasis; auditors report and financial statement; General Fund; pension plan and other post- employment benefits; required communications; and new accounting standards.
Discussion ensued. Jessi Taran gave comments via teleconference. Further discussion ensued.
Motion by Councilmember Johnson III
Seconded by Vice Mayor Martinez
To receive said report.
Ayes (5): Councilmember Jimenez, Councilmember Johnson III, Councilmember Willis, Councilmember McLaughlin, and Vice Mayor Martinez Noes (1): Mayor Butt
Absent (1): Councilmember Bates
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Passed (5 to 1)
X. PUBLIC HEARINGS
City Clerk Pamela Christian announced that it was time, pursuant to public notice, to hold the following public hearings:
X.1 Appeal of Planning Commission’s approval of a conditional use permit and design review (PLN20-043)
ADOPT a resolution denying the appeal and affirming the Planning Commission’s conditional approval of a Conditional Use Permit and Design Review, to construct a single-family residence on a vacant parcel located within the RL1 zoning district and -S, Shoreline overlay district at 357 Western Drive – Community Development Department (Lina Velasco 510-620-6706). This item was continued from the December 7, 2021, January 11, 2022, January 18, 2022, and February 1, 2022, meetings. The public hearing was closed on the item and was for council discussion and resolution only.
Director of Community Development Lina Velasco introduced the matter and provided a brief overview.
Motion by Councilmember Willis
Seconded by Councilmember Jimenez
To deny the appeal and uphold the Planning Commission’s decision.
Ayes (6): Councilmember Bates, Councilmember Jimenez, Councilmember Johnson III, Councilmember Willis, Councilmember McLaughlin, and Vice Mayor Martinez
Noes (1): Mayor Butt
Passed (6 to 1)
Substitute Motion by Mayor Butt
Substitute motion to uphold the appeal died for the lack of a second.
The main motion passed and adopted Resolution No. 20-22 denying the appeal and upholding the Planning Commission’s decision.
X.2 Approval of New Fees for the Revised Master Fee Schedule INTRODUCE an ordinance (first reading) establishing certain fees for the proposed Master Fee Schedule - Finance Department (Belinda Brown 510-620- 6740/Antonio Banuelos 510-620- 6741).
Accounting Manager Antonio Banuelos introduced the matter. Mr. Banuelos presented a PowerPoint that highlighted updated fees, new fees, and next steps.
Discussion ensued.
Motion by Councilmember Johnson III
Seconded by Vice Mayor Martinez
To introduce the ordinance for first reading passed and said ordinance received first reading and was laid over for two weeks for second reading.
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Ayes (6): Councilmember Bates, Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, Vice Mayor Martinez, and Mayor Butt Absent (1): Councilmember Willis
Passed (6 to 0)
Y. NEW BUSINESS
Y.1 Cease Expending Funds of Litigation Against the Mayor.
CEASE expending funds to litigate the mayor – Councilmember Nathaniel Bates (510-620-6743).
Councilmember Bates introduced the matter and discussion ensued. Mark Wassberg and Deborah Small gave comments via teleconference.
Motion by Councilmember Bates
To table the matter.
Amended Motion by Councilmember Bates
To withdraw the item from the agenda.
Died for lack of second
Substitute Motion by Mayor Butt
Substitute motion to approve the matter.
Died for lack of second
No further action was taken on Item Y.1.
Y.2 Prioritization and Control of City Council Meeting Agenda Items and Discussion
APPROVE a procedure to expedite City business by establishing a time limit on City Council discussions and allow the mayor, city clerk, and city manager to prioritize the City Council agendas – Councilmember Nathaniel Bates (510-620- 6743).
Councilmember Bates introduced the matter and discussion ensued. (At 11:00 p.m. – a motion made by Councilmember Johnson III, seconded by Councilmember Bates, to extend the meeting to complete the last item on the agenda passed by the following vote: Ayes: Councilmembers Bates, Jimenez, Johnson III, McLaughlin, Vice Mayor Martinez, and Mayor Butt. Noes: None.
Abstentions: None. Absent: Councilmember Willis). The following individuals gave comments via teleconference: Sally Tobin, Mark Wassberg, and Deborah Small.
Motion by Councilmember Bates
Seconded by Mayor Butt
To allow the city manager, mayor, and city clerk to prioritize City Council agenda items.
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Ayes (2): Councilmember Bates and Mayor Butt
Noes (3): Councilmember Jimenez, Councilmember McLaughlin, and Vice Mayor Martinez
Abstentions (1): Councilmember Johnson III
Absent (1): Councilmember Willis
Failed (2 to 3)
Y.3 Amend the Richmond Municipal Code to add new section 9.40.019 Non- residential Junior Accessory Dwelling Unit JADU Pilot Program INTRODUCE an ordinance amending the Richmond Municipal Code to add new section 9.40.019 to allow Junior Accessory Dwelling Units in non-residential buildings during a Shelter Crisis – Mayor Tom Butt (510-620-6503).
Mayor Butt introduced the matter and provided a summary overview. Discussion ensued. Mayor Butt agreed to modify the amendment to include language that as long as the housing emergency was in effect, the occupant could remain in the unit and continue to occupy the unit after the housing emergency, but may not rent any new units after that. Councilmember McLaughlin requested verification if the emergency shelter ordinance was just for unhoused individuals or not and confirmation of rent control applicability with a shared bathroom. (At 11:30 p.m. – a motion made by Councilmember McLaughlin, seconded by Councilmember Johnson III, to suspend the rules and extend the meeting to complete Item Y.3, passed by the following vote: Ayes: Councilmembers Bates, Jimenez, Johnson III, McLaughlin, Vice Mayor Martinez, and Mayor Butt. Noes: None.
Abstentions: None. Absent: Councilmember Willis). Mark Wassberg and Leticia Chavez gave comments via teleconference.
Motion by Vice Mayor Martinez
Seconded by Councilmember McLaughlin
To return the matter back to staff to study more and bring back a more flushed out ordinance amendment for the council's consideration.
Substitute Motion by Mayor Butt
Seconded by Councilmember Bates
A substitution motion to pass said ordinance amendment on the first reading with the addition that once an individual was occupying a unit, they could remain in the unit past the end of the shelter crisis but no new units could be created after the shelter crisis.
Ayes (5): Councilmember Bates, Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, and Mayor Butt
Noes (1): Vice Mayor Martinez
Absent (1): Councilmember Willis
Passed (5 to 1)
Z. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
None.
AA. ADJOURNMENT
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There being no further business, the meeting adjourned at 11:38 p.m., to meet again on Tuesday, February 22, 2022, at 6:30 p.m.
Clerk of the City of Richmond Mayor
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RICHMOND, CALIFORNIA,
February 22, 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 Nathaniel Bates, Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, and Mayor Thomas K. Butt. Absent: Vice Mayor Eduardo Martinez arrived after the roll was called.
C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) SPRAWLDEF et al. v. City of Richmond
The Guidiville Rancheria of California, et al. v. The United States of America, et. al.
North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
Richard Katz, et al. v. City of Richmond, et al.
C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) Three Cases
In light of the California Court of Appeal's decision in Fowler v. City of Lafayette, the City Attorney's Office is attaching to this agenda four communications regarding the amended judgment and various agreements related to Point Molate. These letters provide the existing facts and circumstances for going into closed session on these items pursuant to California Government Code Section 54956.9(d)(2) and (e)(3).
C.3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government
Code Section 54957)
Title: City Attorney
Title: Community Police Review Commission Investigative Officer
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C.4 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: Terminal OneAgency negotiators: Shasa Curl and Lina VelascoNegotiating parties: Terminal One Development LLCUnder negotiation: Price and terms of payment
C.5 PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957.6)
Title: City Manager
D. PUBLIC COMMENT BEFORE CLOSED SESSION
There were no public comments via teleconference.
E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 5:02 p.m. Closed Session adjourned at 7:12 p.m.
F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 7:18 p.m. by Mayor Butt via teleconference.
G. ROLL CALL
Present: Councilmembers Nathaniel Bates, Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent: None.
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The public comment instructional video was shown.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
Item O.2 was moved for discussion immediately following the Open Forum.
City Clerk Pamela Christian announced a correction to the recommended action for Item O.1. on the second line that read, "APPROVE a contract amendment no. 2 with SCI Consulting Group modifying the potential vacant parcel property tax service plan to include Phase III tasks".
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
Interim City Attorney Dave Aleshire reported there were no reportable actions for items C.1, C.2. or C.3. The council discussed Item C.4, regarding the Terminal One negotiation, and there was a vote to ask Terminal One to provide a pro forma in connection with the property negotiations. The council discussed Item C.5, regarding making an appointment to the position of city manager, and direction was given to the city attorney to determine potential terms of an agreement.
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L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
Interim City Manager Shasa Curl reported that the Food Bank of Contra Costa and Solano had returned to the Richmond Civic Center for drive-through supplemental food distribution on February 24, 2022. More information was available by calling (855) 309- 3663. Ms. Curl announced that the City of Richmond's Sewer Lateral Grant Program was available and accepting applications. More information was available by calling the Water Resource Recovery Division at (510) 620-6594.
M. CRIME REPORT FROM INTERIM POLICE CHIEF - 3rd Tuesday (public comment allowed under Open Forum)
Acting Chief Louie Tirona reported that the total violent and property crimes were reduced by 16% since the last report. Robberies increased by 1% and vehicle burglaries decreased by 39%. The total property crime reduction was 21%. Thirty-two firearms were safely recovered. Ninety-seven vehicles were towed year-to-date for expired registrations compared to 1,047 vehicles impounded in the year 2021.
N. OPEN FORUM FOR PUBLIC COMMENT
The following individuals gave comments via teleconference:
Marisol Cantu gave comments in support of the United Steel Workers International Union workers that were still without a contract at the Richmond Chevron Refinery. Ms.
Cantu expressed concerns for the health and safety of the workers and community. Ms.
Cantu advised that the workers were holding weekly rallies at the refinery every Thursday.
David Hanks expressed concerns regarding the City of Richmond's moratorium on residential tenant evictions that was causing issues for him to settle an estate.
Naomi Williams acknowledged Acting Police Chief Tirona for his work. Ms. Williams inquired about a settlement for the city manager position and advocated for Interim City Manager Shasa Curl.
Councilmember Bates gave comments regarding a previous council action to file a lawsuit against Caltrans for neglecting to clean-up the freeway. Councilmember Bates acknowledged Caltrans for its recent clean-up efforts in certain areas of Richmond and suggested the City of Richmond express its appreciation. Councilmember Bates recommended staff provide Caltrans with photos of other neglected areas in Richmond.
O. STUDY AND ACTION SESSION
O.1 Receive an Update from SCI Consulting Group on the Potential Vacant Property Tax Ballot Measure and Provide Direction
RECEIVE a presentation on the potential Vacant Property Tax ballot measure; PROVIDE DIRECTION on next steps; APPROVE a contract amendment no. 2 with SCI Consulting Group modifying the potential vacant parcel tax service plan to include Phase III tasks, increasing the payment limit by $46,500, for a total not to exceed amount of $111,770, and extending the term to December 31, 2022; and APPROPRIATE $46,500 for the contract expenditure to the Fiscal Year 2021- 2022 Budget - City Manager’s Office (Shasa Curl/Lina Velasco 510-620-6512).
The matter was introduced by Interim City Manager Shasa Curl. Ms. Curl, Director of Community Development Lina Velasco, SCI Consultant Group President John Bliss, and Senior Consultant Chris Coulter presented a Powerpoint that highlighted the following: background and goals; SCI work and experience; vacant property tax (VPT), phases, and timeline; VPT highest priorities and exemptions; and items for council direction. Discussion ensued. The council
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suggested that the proposed measure needed the support of coalitions, unions, and an advocacy group to launch a campaign. The council also recommended encouraging property owners to either sell or develop their blighted property. The council expressed concerns that there was no sunset clause included in the proposed measure. Leisa Johnson and Naomi Williams gave comments via teleconference.
Motion by Councilmember McLaughlin
Seconded by Councilmember Jimenez
To extend the SCI contract not to exceed $46,500 for said services; return to the council on March 1, 2022, with options for placing the proposed tax measure on either the June 2022 ballot (providing there was support for a campaign) or the November 2022 ballot; and appropriate the contract expenditure.
Ayes (6): Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, Councilmember Willis, Vice Mayor Martinez, and Mayor Butt Noes (1): Councilmember Bates
Passed (6 to 1)
O.2 Urban Tilth Presentation
RECEIVE a presentation from Urban Tilth related to their growth in the areas of urban agriculture, youth employment, community clean-up efforts and activities along the Richmond Greenway – City Manager’s Office/Public Works Department (Shasa Curl/Joe Leach 620-6512).
Interim City Manager Shasa Curl introduced the matter. Ms. Curl, Urban Tilth Executive Director Doria Robinson, and Director of Public Works Joe Leach presented a PowerPoint that highlighted the following: Urban Tilth's mission and growth; Community Supported Agriculture Program; Richmond Greenway activities; North Richmond Farm Project and proposed damaging development; and call to action/get involved in 2022. Discussion ensued. The council recommended staff consider easing the permitting process and a fee waiver for non-profit organizations providing beneficial services to the Richmond community. Naomi Williams and Yenny Garcia gave comments via teleconference.
O.3 Vacant Seats on Richmond Boards, Commissions and Committees 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 - Office of the Mayor (Mayor Tom Butt 510-620-6503).
Continued to the March 22, 2022, City Council meeting.
P. STATE OF THE CITY
P.1 State of the City Address
RECEIVE a presentation by Mayor Tom Butt of the annual State of the City Address – Office of the Mayor (Mayor Tom Butt 510-620-6503).
Mayor Butt presented the State of the City Address published at:
http://www.ci.richmond.ca.us/3539/State-of-the-City. Yenny Garcia gave comments via teleconference.
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Q. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
Councilmember Willis reported that he attended the League of Women Voters Solving for Housing League Day held on February 19, 2022.
R. ADJOURNMENT
There being no further business, the meeting adjourned at 10:41 p.m., to meet again on Thursday, February 24, 2022, at 5:00 p.m. for a special meeting.
Clerk of the City of Richmond Mayor
1 RICHMOND, CALIFORNIA,
February 24, 2022, 5:30 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________
A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Open Session was called to order at 5:31 p.m. by Mayor Thomas K. Butt via teleconference.
B. ROLL CALL
Present: Councilmembers Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent: Councilmember Nathaniel Bates. Councilmember Willis arrived after adjourning to Closed Session.
C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) SPRAWLDEF et al. v. City of Richmond
The Guidiville Rancheria of California, et al. v. The United States of America, et. al.
North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) Three Cases
In light of the California Court of Appeal's decision in Fowler v. City of Lafayette, the City Attorney's Office is attaching to this agenda four communications regarding the amended judgment and various agreements related to Point Molate. These letters provide the existing facts and circumstances for going into closed session on these items pursuant to California Government Code Section 54956.9(d)(2) and (e)(3).
D. PUBLIC COMMENT BEFORE CLOSED SESSION
None.
E. ADJOURN TO CLOSED SESSION
Open Session adjourned to Closed Session at 5:32 p.m. Closed Session adjourned at 6:38 p.m.
F. SPECIAL MEETING OF THE RICHMOND CITY COUNCIL
The Special Meeting of the Richmond City Council was called to order at 6:38 p.m. by Mayor Thomas K. Butt via teleconference.
2 G. ROLL CALL
Present: Councilmembers Claudia Jimenez, Demnlus Johnson III, Melvin Willis, Gayle McLaughlin, and Mayor Thomas K. Butt. Absent: Councilmembers Nathaniel Bates and Vice Mayor Eduardo Martinez.
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional Video was shown.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
None.
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
Interim 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 that the City of Richmond was awarded a grant from the State of California in the amount of $4.8 million to assist the unhoused community at Castro Street.
M. NEW BUSINESS
M.1 Risks to the City from Formation of a Community Facilities District (CFD) for Point Molate, Role of Goals & Policies Statement in Addressing These Risks
RECEIVE a report and DISCUSS the financial feasibility of the proposed Winehaven Legacy/Point Molate Project and the risks posed to the City by the formation of a Community Facilities District (CFD).
Mark Northcross presented a PowerPoint, which highlighted the following: Point Molate at Build Out; Comparing the Fiscal Impact Studies; Integra Valuation Study; Negative Fiscal Impact During Portion of Build Out; 7-Year Build Out; 15-Year Build Out; 0-Year Build Out; Positive Fiscal Impact from Point Molate; Discussion ensued.The following individuals gave comments via teleconference:
Jeanne Kortz, Deborah Bayer, Tarnel Abbott, Paul Carman, Sally Tobin, Pam Stello, Jamin Pursell, and Jim Hanson.
N. ADJOURNMENT
There being no further business, the meeting adjourned at 8:58 p.m., to meet again on March 1, 2022.
Clerk of the City of Richmond Mayor
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RICHMOND, CALIFORNIA,
March 1, 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, Demnlus Johnson III, Gayle McLaughlin, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent: Councilmember Nathaniel Bates arrived after the roll was called. Councilmember Melvin Willis was absent for the entire Closed Session.
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
Naomi Williams gave comments via teleconference regarding Item C.2.
E. ADJOURN TO CLOSED SESSION
________________________________________________________ The Open Session adjourned to Closed Session at 5:03 p.m. Closed Session adjourned at 6:28 p.m.
F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:35 p.m. by Mayor Thomas K. Butt via teleconference.
G. ROLL CALL
Present: Councilmembers Bates, Jimenez, Martinez, McLaughlin, Vice Mayor Johnson III, and Mayor Butt. Absent: Councilmember Willis was absent for the entire meeting.
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The public comment instructional video was shown.
I. STATEMENT OF CONFLICT OF INTEREST
None.
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J. AGENDA REVIEW
City Clerk Pamela Christian announced that item P.1 was inadvertently duplicated on the agenda and Item P.2 contained the correct attachments.
(Items O.7.c and O.3.c were removed from the Consent Calendar during the Open Forum for discussion at the end of the agenda).
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
Interim City Attorney Dave Aleshire reported there were no reportable actions taken.
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
Interim City Manager Shasa Curl reported that the City of Richmond received nearly $10 million in funding from the Clean California Local Grant Program. Ms. Curl acknowledged the work led by Pogo Park for the Yellow Brick Road Clean Green and Beautiful Phase III Project. Ms. Curl advised that new I-Heart Richmond face masks were available to volunteers that helped at a city-wide clean-up event. Ms. Curl announced that the City of Richmond partnered with neighborhood organizations, city staff, and volunteers to clean up areas near Nevin Avenue and adjacent to Cesar Chavez Elementary School.
M. ABATEMENT REPORT FROM THE PUBLIC WORKS DIRECTOR - 1st Tuesday (public comment allowed under Open Forum)
Director of Public Works Joe Leach presented a PowerPoint that highlighted the following abatement activities update: I-Heart Richmond Clean-Up Collaboration Initiative; Nevin Avenue clean-up and neighborhood dumpster day; illegal dumping; private property and encampment abatements; graffiti removal; board-ups; and partnerships. The council suggested staff recognize Sims Metal and others that donated equipment at the clean-ups and host a luncheon for volunteers. The council requested a copy of the abatement PowerPoint presentation to share with residents.
N. OPEN FORUM FOR PUBLIC COMMENT
The following individuals gave comments via teleconference:
Ilona Clark expressed concerns regarding Item O.3.c regarding unpaid garbage collection service fees. Ms. Clark suggested the City of Richmond consider other alternatives to collect the fees. Ms. Clark urged the council that higher fees would result in illegal dumping.
Joey Schlemmer gave comments regarding the City of Richmond's legacy pension system. Mr. Schlemmer urged the city manager to have an actuary review that pension fund and remaining beneficiaries. Mr. Schlemmer suggested that the pension fund could be returned to the voters for modification to create a potential revenue stream for the city.
Tenzin Randal expressed solidarity with the Ukrainians invaded by Russia and acknowledged the City of Richmond for raising the Ukrainian flag. Mr. Randal gave comments in support of Item O.5.d regarding the Tibetan Uprising Day. Mr. Randal urged the council to continue supporting the oppressed people around the world and speak up for justice.
Councilmember Bates requested to remove Item O.7.c from the Consent Calendar for discussion at the end of the agenda. The request was granted.
Councilmember Jimenez requested to remove Item O.3.c from the Consent Calendar for discussion at the end of the agenda. Interim City Manager Shasa Curl provided a brief explanation for Item O.3.c. The request was granted.
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O. CITY COUNCIL CONSENT CALENDAR
Motion by Councilmember Johnson III
Seconded by Vice Mayor Martinez
To approve all items on the Consent Calendar with the exception of Items O.3.c and O.7.c.
Ayes (6): Councilmember Bates, Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, Vice Mayor Martinez, and Mayor Butt Absent (1): Councilmember Willis
Passed (6 to 0)
O.1 City Clerk's Office
O.1.a Revisions to the Boards, Commissions and Committees Handbook APPROVE amendments to the Boards, Commissions and Committees Handbook – City Clerk’s Office (Pamela Christian 510-620-6513).
O.1.b City Council Minutes
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
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).
Adopted Resolution No. 22-22
O.3 Finance Department
O.3.a Investment and Cash Balance Report for the Month of January 2022 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 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).
Adopted Resolution No. 23-22
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O.3.c Approval of Liens and Special Assessments for Unpaid Garbage Collection Service Fees for Republic Services
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).
Accounting Manager Antonio Banuelos introduced the matter. Discussion ensued.
Motion by Councilmember Johnson III
Seconded by Vice Mayor Martinez
To adopt said resolution.
Ayes (6): Councilmember Bates, Councilmember Jimenez,
Councilmember Johnson III, Councilmember McLaughlin, Vice Mayor Martinez, and Mayor Butt
Absent (1): Councilmember Willis
Passed (6 to 0)
Adopted Resolution No. 24-22
O.3.d Contract with Regional Government Services (RGS) to Provide Temporary Services to the City on an As-Needed Basis
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
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
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
PROCLAMATION declaring March 2022 as Women’s History Month in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620-6503).
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O.5.c Prescription Drug Abuse Awareness Month
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
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
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
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 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 Five-Year Agreement with Contra Costa District Attorney’s Office for Electronic Case Filings.
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
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
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 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.
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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.
The matter was introduced by Interim City Manager Shasa Curl.
Discussion ensued. The council requested staff to advise the contractor that in six months, the council would request a report as it relates to local participation in the project.
Motion by Councilmember Bates
Seconded by Councilmember McLaughlin
To approve said contract and appropriate the funding.
Ayes (6): Councilmember Bates, Councilmember Jimenez,
Councilmember Johnson III, Councilmember McLaughlin, Vice Mayor Martinez, and Mayor Butt
Absent (1): Councilmember Willis
Passed (6 to 0)
P. BUDGET SESSION
P.1 Mid-Year Report on Fiscal Year (FY) 2021-22 Operating and Capital Improvement Budgets
Refer to the corrected Item P.2.
P.2 Mid-Year Report on Fiscal Year (FY) 2021-22 Operating and Capital Improvement Budgets
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). This item contained the correct attachments in the agenda packet.
Interim City Manager Shasa Curl introduced the matter. Ms. Curl, Director of Finance Belinda Brown, Accounting Manager Antonio Banuelos, and Interim Deputy City Manager Anil Comelo presented a PowerPoint that highlighted the following: accomplishments; Fiscal Year (FY) 2021-2022 mid-year overview; General Fund revenue and expenditures; FY 2021-2022 adopted vs. mid-year budget; position count, mid-year position changes, and recruitment status; non- General Fund; Capital Improvement Plan budget; American Rescue Plan Act of 2021; Reimagining Public Safety; contingency reserves; opportunities for input and community budget meetings; and future priorities. Discussion ensued. The council requested more information on the increased expenses; clarification on the $4.2 million related to the Richmond Housing Authority and $1.3 million set- aside funds for Reimagining Public Safety; and the amount of unspent funds for vacant positions and recommendations for reallocation of those unspent funds.
Naomi Williams and Leisa Johnson gave comments via teleconference.
Motion by Councilmember McLaughlin
Seconded by Councilmember Johnson III
To adopt said resolution approving the mid-year budget adjustments with the understanding that the $4.2 million that was utilized from the reserves for the Richmond Housing Authority write-off should have been brought to the council before such a decision was made and should not happen in the future; the $1.3
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million for Reimagining Public Safety from the reserves be corrected to state that it came from the "excess" funds from the previous fiscal year 2020-2021; and clarification in the resolution or statement for the mid-year budget adjustments on what the funding source was for the $2.3 million the council previously voted to utilize for employee lump sum payments. The motion was withdrawn to allow staff more time to update documents to meet the council's expectations.
Continued to the March 15, 2022, City Council meeting or a future meeting soon thereafter.
Q. PUBLIC HEARINGS
City Clerk Pamela Christian announced that it was time, pursuant to public notice, to hold the following public hearings.
Q.1 Rename Baseball Diamond #2 at Nicholl Park in Honor of National Hero Willie Mays
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).
The matter was introduced by Councilmember Bates. Richmond Parks and Recreation Commission Chair Joey Smith gave a brief overview. Discussion ensued. Mayor Butt declared the public hearing opened. There were no speakers via teleconference. Mayor Butt closed the public hearing.
Motion by Councilmember Bates
Seconded by Vice Mayor Martinez
To adopt said resolution.
Ayes (6): Councilmember Bates, Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, Vice Mayor Martinez, and Mayor Butt Absent (1): Councilmember Willis
Passed (6 to 0)
Adopted Resolution No. 21-22
Q.2 Public Hearing to Adopt a Resolution to Rename South 37th Street Underpass to Juneteenth Freedom Underpass
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).
Community Services Associate Administrative Analyst Stephanie Ny presented a PowerPoint that highlighted the project background and design. Mayor Butt declared the public hearing opened. The following individuals gave comments via teleconference: George Brown, Linda Whitmore, Joey Schlemmer, Jonas Juhlin, Susan Wehrle, and Joey Smith. Mayor Butt closed the public hearing.
Discussion ensued.
Motion by Councilmember Johnson III
Seconded by Councilmember Jimenez
To adopt said resolution.
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Ayes (6): Councilmember Bates, Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, Vice Mayor Martinez, and Mayor Butt Absent (1): Councilmember Willis
Passed (6 to 0)
Adopted Resolution No. 25-22
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)
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).
Director of Community Development Lina Velasco introduced the matter. Senior Planner Hector Lopez and Fehr and Peers Traffic Consultant Sam Tabibnia presented a PowerPoint that highlighted the following: project proposal, site, and zoning; site improvements; background and the Planning Commission's final decision; appeal and key issues raised; traffic study; and conclusion. Discussion ensued. Mayor Butt declared the public hearing opened. The appellant, Richmond Heights Neighborhood Council President Jim Hanson, gave a statement and presented a PowerPoint that highlighted the following: site location; neighborhood requests; noise protection; closing and delivery hours; lighting and signage; and traffic safety issues. The principal opponent and legal counsel to the applicants, Arielle Harris, gave a statement. The following individuals gave comments via teleconference: Susan Wehrle, Melissa Lee, Michele Rappaport, Dennis Hicks, Barbara Tanaka, Shelley Trask, Heather Bristow, Roger Mills, Neil Harkins, Mary Lou Herlihy, Lory Poulson, Nick Despota, Melissa (last name not stated), and Linda Moran. Mr. Hanson and Ms.
Harris provided rebuttals. Mayor Butt closed the public hearing. Further discussion ensued.
Motion by Councilmember Jimenez
Seconded by Councilmember McLaughlin
To direct staff to implement conditions consistent with the intent and specific of what the Richmond Heights Neighborhood Council requested as follows: (1) address traffic safety issues by requiring a traffic safety study and implementation of safety mitigations prior to the store opening; (2) effectively control added traffic into surrounding neighborhood streets; (3) modify Condition #20 so that store closing is 8:00 p.m. throughout the year; (4) modify Condition #19 so that delivery trucks leave by 9:00 p.m.; (5) assure that neighbors have noise protection, including by adding a commercial sound absorbing wall at the loading dock that meets the zoning code noise limits; (6) modify the signage to a 24" tall sign facing San Pablo Avenue, a 30" tall lettered sign facing the parking lot, and an unilluminated Dollar Tree logo and green stripe at the top left corner facing Barrett Ave; and (7) review the brightness levels and conditions regarding lighting so that adjacent neighbors are not impacted by bright night lighting from the store's parking lot and sign. Also, review traffic merging and safety issues; receive input from the neighborhood council; and implement additional safety measures based upon the opinion of the Director of Community Development.
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Ayes (5): Councilmember Bates, Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, and Vice Mayor Martinez Noes (1): Mayor Butt
Absent (1): Councilmember Willis
Passed (5 to 1)
Adopted Resolution No. 26-22 with revisions
Q.4 Adopt an Interim Ordinance Extending Urgency Ordinance No. 01-22 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).
Director of Public Works Joe Leach presented a PowerPoint that highlighted prior council action, tributary area, and next steps. City Attorney Dave Aleshire gave an overview of the proposed ordinance and the process for pending applications.
Discussion ensued. Mayor Butt declared the public hearing opened. The following individuals gave comments via teleconference: Andrew Cann, Norm Hantzsche, Allison Lehman, Claire Arbour, and Sally Tobin. Mayor Butt closed the public hearing. The council requested staff to review the proposal to allow residential onsite temporary holding tanks for sewage collection and return to the council with an amendment if it was a satisfactory public safety option.
Motion by Councilmember Jimenez
Seconded by Councilmember Johnson III
To adopt said interim ordinance.
Ayes (6): Councilmember Bates, Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, Vice Mayor Martinez, and Mayor Butt Absent (1): Councilmember Willis
Passed (6 to 0)
Adopted Ordinance No. 05-22 N.S.
R. NEW BUSINESS
R.1 Calling a Special Election and Placing a Special Tax on Vacant Properties on the June 7, 2022, Ballot
The ACTION was 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).
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Interim City Attorney Dave Aleshire introduced the matter. Discussion ensued. (At 11:01 p.m. - a motion by Councilmember Johnson III, seconded by Vice Mayor Martinez, to extend the meeting to complete Items R.1, O.3.c, and .O.7.c passed by the following vote: Ayes: Councilmembers Bates, Jimenez, Johnson III, McLaughlin, and Vice Mayor Martinez. Noes: Mayor Butt. Abstained:
None. Absent: Councilmember Willis). Further discussion ensued.
Motion by Mayor Butt
Seconded by Councilmember Bates
To direct staff to make a presentation to the council on March 8, 2022, if there was a quorum; and for the council to determine, at that time, to place the measure on the June or November 2022 ballot or not at all.
Substitute Motion by Councilmember McLaughlin
Seconded by Councilmember Johnson III
Substitute motion directing staff to return to the council in the spring of 2022 with a potential ballot measure on the vacant parcel tax or related information and potentially some other options for revenue generation for the council's consideration.
Ayes (5): Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, Vice Mayor Martinez, and Mayor Butt
Noes (1): Councilmember Bates
Absent (1): Councilmember Willis
Passed (5 to 1)
S. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
None.
T. ADJOURNMENT
There being no further business, the meeting adjourned at 11:22 p.m., in memory of former Park View Neighborhood Council President Jessie Hall, to meet again on March 15, 2022, at 6:30 p.m.
Clerk of the City of Richmond Mayor
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RICHMOND, CALIFORNIA, March 15, 2022
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, Demnlus Johnson III, Gayle McLaughlin, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent: Councilmembers Nathaniel Bates and Melvin Willis arrived after the roll was called.
C. CLOSED SESSION
C.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government
Code Section 54957)
Title: City Clerk
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) SPRAWLDEF et al. v. City of Richmond
The Guidiville Rancheria of California, et al. v. The United States of America, et. al.
North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
City of Richmond v. Thomas K. Butt
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) Three Cases
In light of the California Court of Appeal's decision in Fowler v. City of Lafayette, the City Attorney's Office is attaching to this agenda four communications regarding the amended judgment and various agreements related to Point Molate. These letters provide the existing facts and circumstances for going into closed session on these items pursuant to California Government Code Section 54956.9(d)(2) and (e)(3).
D. PUBLIC COMMENT BEFORE CLOSED SESSION
There were no public speakers via teleconference.
E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 5:03 p.m. Closed Session adjourned at 6:22 p.m.
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F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
The Special Meeting of the Richmond Housing Authority Board of Commissioners was called to order at 6:32 p.m. by Chair Thomas K. Butt via teleconference.
G. ROLL CALL
Present: Commissioners Nathaniel Bates, Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Vice Chair Eduardo Martinez, and Chair Thomas K. Butt.
Absent: Housing Authority Tenant Commissioner Jaycine Scott 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. REPORT FROM THE EXECUTIVE DIRECTOR
Richmond Housing Authority (RHA) Executive Director Nannette Beacham presented a PowerPoint that highlighted the following: RHA human resources updates; Nevin Plaza; Hacienda development; Nystrom Village; and the RHA and Easter Hill housing corporations quarterly meetings.
K. AGENDA REVIEW
Item M.1 was removed from the Consent Calendar for discussion at the end of the agenda.
L. HOUSING AUTHORITY OPEN FORUM
Lisa Fulton gave comments via teleconference regarding animal rescue services, spaying, and neutering cats. Ms. Fulton urged the council to review the Contra Costa County (CCC) Animal Services draft agreement for inadequacies to address the needs of Richmond concerning excessive stray cats. Ms. Fulton requested the council considered that CCC Animal Services reinstated some of its reduced or eliminated programs.
M. HOUSING AUTHORITY CONSENT CALENDAR
A motion made by Commissioner Bates, seconded by Vice Chair Martinez, to approve all items on the Housing Authority Consent Calendar except Item M.1 passed by the unanimous vote of the Housing Authority Board of Commissioners.
M.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
ADOPT a resolution requiring the continued use of teleconferencing for the meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510-620-6513).
City Clerk Pamela Christian introduced the matter. The following individuals gave comments via teleconference: Leisa Johnson, Mark Wassberg, Don Gosney, and Jessi Taran.
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A motion made by Commissioner Bates, seconded by Commissioner Johnson III, to adopt said resolution passed by the unanimous vote of the Housing Authority Board of Commissioners.
Adopted Resolution No. 2155
M.2 Contract with Automatic Door Systems, Inc.
ADOPT a resolution approving a contract with Automatic Door Systems, Inc. to complete the Nevin Plaza front door repair project, for an amount not to exceed $24,591 including a ten (10) percent contingency ($2,229) – Richmond Housing Authority (Nannette Beacham 510-621-1300).
Adopted Resolution No. 2156
M.3 Emergency Contract with JT Plumbing
ADOPT a resolution approving an emergency contract with JT Plumbing to complete plumbing repairs at Nevin Plaza for an amount not to exceed $11,485 – Richmond Housing Authority (Nannette Beacham 510-621-1300).
Adopted Resolution No. 2157
M.4 Contract Amendment with CD & Power DBA Got Power
ADOPT a resolution approving an emergency contract amendment with CD & Power DBA Got Power to continue to provide load testing, and emergency or urgent repairs to generators at Nevin Plaza in the amount of $8,457.66, for a not to exceed total contract amount of $11,457.66, and extending the term to June 30, 2022 – Richmond Housing Authority (Nannette Beacham 510-621-1300).
Adopted Resolution No. 2158
M.5 Housing Authority Minutes
APPROVE the minutes of the January 25, 2022, special Richmond Housing Authority meeting - City Clerk's Office (Pamela Christian 510-620-6513).
N. ADJOURNMENT
There being no further business, the meeting adjourned at 6:56 p.m.
O. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:56 p.m. by Mayor Thomas K. Butt via teleconference.
P. ROLL CALL
Present: Councilmembers Nathaniel Bates, Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent: None.
Q. STATEMENT OF CONFLICT OF INTEREST
None.
R. AGENDA REVIEW
Item U was withdrawn from the agenda because there were no updates. Item W.4.a was continued to the April 5, 2022, City Council meeting.
Motion by Councilmember McLaughlin
Seconded by Councilmember Jimenez
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To table Item X.2 to a special City Council meeting scheduled for Friday, March 18, 2022, at 3:00 p.m. Mayor Butt ruled the motion out of order.
Ayes (4): Councilmember Jimenez, Councilmember McLaughlin, Councilmember Willis, Vice Mayor Martinez
Noes (3): Councilmember Bates, Councilmember Johnson III, and Mayor Butt Passed (4 to 3)
S. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
Interim City Attorney Dave Aleshire stated there were no reportable actions taken.
T. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
Interim City Manager Shasa Curl announced that the City of Richmond's community budget meetings were commencing on March 16, 24, and 31, 2022. More information was available via email to [email protected] or by calling the City Manager's Office at (510) 620-6512.
U. REPORT FROM THE IMPLEMENTATION SUB-COMMITTEE FOR
REIMAGINING TASK FORCE - 3rd Tuesday (public comment allowed under Open Forum)
Withdrawn from the agenda.
V. OPEN FORUM FOR PUBLIC COMMENT
The following individuals gave comments via teleconference:
Mark Wassberg gave comments regarding abandoned vehicles and debris at the Rydin Road and Castro Street encampments. Mr. Wassberg gave comments against the Richmond Progressive Alliance.
Deborah Bayer gave comments in support of Item W.2.b regarding the Housing Element Annual Progress Report. Ms. Bayer advised that Contra Costa County's annual medium- income levels were two times more than Richmond's. Ms. Bayer requested a plan for more affordable housing.
Leisa Johnson expressed her gratitude to staff for closing off the public-owned lot next to the Port of Richmond cafeteria building that had been a target for illegal dumping and other activities.
W. CITY COUNCIL CONSENT CALENDAR
Motion by Vice Mayor Martinez
Seconded by Councilmember Johnson III
To approve all items on the Consent Calendar except Item W.4.a.
Ayes (7): Councilmember Bates, Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, Councilmember Willis, Vice Mayor Martinez, and Mayor Butt
Passed (7 to 0)
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W.1 City Clerk's Office
W.1.a Continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill (Ab) 361 ADOPT a resolution requiring the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361 – City Clerk’s Office (Pamela Christian 510-620- 6513).
Adopted Resolution No. 27-22
W.1.b City Council Minutes
APPROVE the minutes of the January 25 and February 1, 2022, regular City Council meetings - City Clerk's Office (Pamela Christian 510-620- 6513).
W.2 Community Development
W.2.a Contract with Action Data Systems, LLC
APPROVE a contract with Action Data Systems, LLC to design and develop a mobile and web application for a geolocated, historical walking tour of certain historical sites within the City of Richmond, for an amount not to exceed $15,000, from March 15, 2022, to December 31, 2025 – Community Development Department (Lina Velasco 510-620-6706).
W.2.b Housing Element Annual Progress Report 2021
ADOPT a resolution accepting the 2021 Annual Progress Report for the City’s Housing Element (2015-2023) – Community Development Department (Lina Velasco 510-620-6706).
Adopted Resolution No. 28-22
W.3 Finance Department
W.3.a Contract with DebtBook for Debt and Lease Management Software APPROVE the purchase of DebtBook software using the National Cooperative Purchasing Alliance (NCPA) contract, to aid the City in meeting Governmental Accounting Standard GASB 87 – Accounting for Leases, in an amount not to exceed $13,500, for a term of one year beginning March 16, 2022, through March 15, 2023, with a possible two year extension, for a total contract amount not to exceed $40,500 – Finance Department (Belinda Brown 510-620-6740/Delmy Cuellar 510- 620-6790).
W.4 Fire Department
W.4.a Resolution and Interagency Agreement to Support Hazardous Materials Program
ADOPT a resolution to accept and appropriate $360,335 in funding from the Contra Costa County Health Services Hazardous Materials Division; and APPROVE a one-year interagency agreement from July 1, 2021, to June 30, 2022, in support of the Fire Department’s Hazardous Materials Response Program – Fire Department (Chief Angel Montoya 510-307- 8041).
Continued to the April 5, 2022, City Council meeting.
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W.5 Human Resources
W.5.a Contract with Matrix Consulting Group for Emergency Services Data Analysis and Report
APPROVE a contract with Matrix Consulting Group in an amount not to exceed $124,000 to conduct an emergency services data analysis – Human Resources Department (Anil Comelo 510-620-6609).
W.5.b Resolution Amending the Salary Schedule for Neighborhood Change Agent, Resident Housing Manager, Senior Resident Housing Manager ADOPT a resolution amending the salary schedule for Neighborhood Change Agent, Resident Housing Manager, Senior Resident Housing Manager Classifications – Human Resources Department (Anil Comelo/ Sharrone Taylor 510-620-6600).
Adopted Resolution No. 29-22
W.6 Library and Community Services
W.6.a Graphic Art Services and Promotional Products for RichmondWORKS and the RichmondBUILD Academy.
APPROVE an amendment to the contract with Alliance Graphics, Inc. to provide additional graphic art services and promotional products for RichmondWORKS and the RichmondBUILD Academy. The contract term will be extended through June 30, 2023, and the contract amount will be increased by $11,000, for a total contract amount not to exceed $51,000 – Library and Community Services Department (Tamara Walker/Fred Lucero 510-621-1562)
W.7 Mayor's Office
W.7.a Appointment(s) to the Zhoushan Sister City Commission APPROVE appointment(s) to the Richmond-Zhoushan Sister City Commission; APPOINT Ed Medina, new appointment, seat #7, term expiration date December 31, 2024; Jason Tran, new appointment, seat #9, term expiration date December 31, 2024 – Office of the Mayor (Mayor Tom Butt 510-620-6503).
W.7.b Appointment(s) to the Personnel Board
APPROVE appointment(s) to the Personnel Board; APPOINT Larry Wirsig, new appointment, seat #3, Council appointed, term expiration December 31, 2027; APPOINT Vernetta Buckner, new appointment, seat #5, Council appointed, term expiration December 31, 2027 - Office of the Mayor (Mayor Tom Butt 510-620-6503).
W.7.c Appointment(s) to the Community Police Review Commission APPROVE appointment(s) to the Community Police Review
Commission; APPOINT Steven Lacy, re-appointment, seat #7, term expiration date November 1, 2024 - Office of the Mayor (Mayor Tom Butt 510-620-6503).
W.7.d Appointment(s) to Update the Design Review Board
APPROVE an appointment to the Design Review Board; APPOINT Marcus Christeson, new appointment, seat #6, term expiration date of March 17, 2024 - Office of the Mayor (Mayor Tom Butt 510-620-6503).
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W.7.e Appointment(s) to the Library Commission
APPROVE appointment(s) to update the Library Commission; APPOINT Thomas Kaun new appointment, seat #3, term expiration date July 1, 2025 - Office of the Mayor (Mayor Tom Butt 510-620-6503).
W.7.f Appointment(s) to the Urban Forest Advisory Committee APPROVE appointment(s) to the Urban Forest Advisory Committee; APPOINT Robert Stanley, new appointment, seat #4, term expiration date November 17, 2024; Stewart Winchester, new appointment, seat #8, term expiration date November 17, 2024 - Office of the Mayor (Mayor Tom Butt 510-620-6503)
W.8 Public Works
W.8.a Appropriate Revenues and Expenditures Related to Plan Review and Inspection Services for Development Project
ADOPT a resolution for authorization to appropriate $175,000 in revenues and $175,000 in expenditures related to plan review and inspection services for development projects into the Public Works Department Fiscal Year 2021-2022 budget – Public Works Department (Joe Leach 510-620-5478).
Adopted Resolution No. 30-22
W.8.b Contract Amendment for NCE Engineering On-call Professional Services APPROVE a resolution amending NCE (Richmond Engineering Consultant Company) on-call professional services contract to increase their contract funding capacity by $2,060,000, to an amount not to exceed $3,860,000 - Public Works Department (Joe Leach 510-620-5478).
Adopted Resolution No. 31-22
W.8.c Harbour-8 Park Expansion – Land Donation for Subject ADOPT a resolution authorizing the city manager or their designee to execute all required documents to facilitate the acceptance of the 6,800-sf land donation by POGO Park - Public Works Department (Joe Leach 510- 620-5478/Greg Hardesty 510-620-6920).
Adopted Resolution No. 32-22
X. NEW BUSINESS
X.1 Receive Feedback on a Fee Waiver Policy and Partnership Policy DISCUSS the City of Richmond’s draft fee waiver and partnership policies; and PROVIDE DIRECTION on the next steps prior to policy adoption - Library and Community Services Department (LaShonda White/Rajana Maharaj 510-620- 6828).
Interim Director of Library and Community Services LaShonda White introduced the matter. Ms. White and Deputy Director Community Services Recreation Ranjana Maharaj presented a PowerPoint that highlighted the following:
background and purpose; policy development and process; fee waiver discount summary; proposed fee waiver and partnership policies; and next steps.
Discussion ensued. The council recommended staff provide updates to the Recreation and Parks Commission regarding partnerships and fee waivers. The council requested all groups that hosted seasonal or long-term activities at city
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facilities be partnerships with fee waivers as one of the components. The council expressed concerns regarding the use of city facilities with a fee waiver by political parties. The following individuals gave comments via teleconference:
Don Gosney, Lorena Gonzalez, Diego Garcia, Shawn Dunning, Mark Wassberg, Norma (last name not stated), Elham (last name not stated), and Rodney Brown.
The council recommended staff consider collecting refundable deposits to allow event hosts to clean the facilities after use.
X.2 Adoption of a Resolution of Intent to Establish a Community Facilities District (CFD) for Point Molate, Adoption of Goals & Policies Statement for Community Facilities Districts, specifically for the Point Molate CFD ADOPT a resolution adopting Local Goals and Policies Relating to Community Facilities Districts; ADOPT a resolution of intention to establish the City of Richmond Community Facilities District No. 2022-1 (Point Molate), and to Designate Three Improvement Areas therein, to Authorize the Levy of a Special Tax to Pay the Cost of Acquiring or Constructing Certain Facilities, Provide Certain Services and Pay for Certain Incidental Expenses and to Pay Debt Service on Bonded Indebtedness; and ADOPT a resolution of intention to Incur Bonded Indebtedness Within the City of Richmond Community Facilities District No. 2022-1 (Point Molate), and Each of the Three Improvement Areas Therein. There is no requirement of General Fund support for these Bond measures - Public Works Department (Joe Leach 510-620-5478).
Tabled to a special City Council meeting scheduled for March 18, 2022, at 3:00 p.m.
Y. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
Councilmember McLaughlin reported that she received a request from former councilmember and Richmond Kaiser chief of cardiology, Jeff Ritterman, regarding anti- semitic hate crimes in Berkeley and the resurgence of the anti-hate campaign. Dr.
Ritterman suggested the city distribute posters stating, "Richmond Stands Against Hate".
Councilmember McLaughlin recommended the city manager include a blurb regarding this matter in the City Manager's Weekly Report. Councilmember McLaughlin also advised that posters were available to the community in the Richmond City Hall lobby.
Councilmember Bates recommended staff circulate the posters to Richmond businesses, organizations, and neighborhood councils.
Z. ADJOURNMENT
There being no further business, the meeting adjourned at 8:35 p.m., to meet again for a special meeting on Friday, March 18, 2022, at 3:00 p.m.
Clerk of the City of Richmond Mayor
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RICHMOND, CALIFORNIA,
March 18, 2022, 3:00 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________
A. SPECIAL OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED
SESSION
The Richmond City Council Special Open Session was called to order at 3:19 p.m. by Vice Mayor Eduardo Martinez via teleconference. Mayor Thomas K. Butt was experiencing technical video issues and appointed the vice mayor to chair the meeting.
B. ROLL CALL
Present: Councilmembers Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent:
Councilmember Nathaniel Bates was absent for the entire Closed Session.
C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) SPRAWLDEF et al. v. City of Richmond
The Guidiville Rancheria of California, et al. v. The United States of America, et. al.
North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) Three Cases
In light of the California Court of Appeal's decision in Fowler v. City of Lafayette, the City Attorney's Office is attaching to this agenda four communications regarding the amended judgment and various agreements related to Point Molate. These letters provide the existing facts and circumstances for going into closed session on these items pursuant to California Government Code Section 54956.9(d)(2) and (e)(3).
D. PUBLIC COMMENT BEFORE CLOSED SESSION
The following individuals gave comments via teleconference: Doria Mueller- Beilschmidt, Pam Stello, Linda Klein, Kathleen (last name not stated), Jim Hanson, Alix Mazuet, Jeanne Kortz, Dani Zacky, Jamin Pursell, Sally Tobin, Joe Puleo, and Dan Engler.
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E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 3:45 p.m. Closed Session adjourned at 4:25 p.m.
F. SPECIAL MEETING OF THE RICHMOND CITY COUNCIL
The Special Meeting of the Richmond City Council was called to order at 4:27 p.m. by Vice Mayor Eduardo Martinez via teleconference. Mayor Thomas K. Butt was experiencing technical video issues and appointed the vice mayor to chair the meeting.
G. ROLL CALL
Present: Councilmembers Jimenez, McLaughlin, Willis, and Vice Mayor Martinez.
Absent: Councilmembers Bates and Johnson III were absent for the entire meeting.
Mayor Butt 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
None.
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
Interim City Attorney Dave Aleshire reported there were no reportable actions taken.
L. NEW BUSINESS
L.1 Adoption of a Resolution of Intent to Establish a Community Facilities District (CFD) for Point Molate, Adoption of Goals & Policies Statement for Community Facilities Districts, specifically for the Point Molate CFD ADOPT a resolution adopting Local Goals and Policies Relating to Community Facilities Districts; ADOPT a resolution of intention to establish the City of Richmond Community Facilities District No. 2022-1 (Point Molate), and to Designate Three Improvement Areas therein, to Authorize the Levy of a Special Tax to Pay the Cost of Acquiring or Constructing Certain Facilities, Provide Certain Services and Pay for Certain Incidental Expenses and to Pay Debt Service on Bonded Indebtedness; and ADOPT a resolution of intention to Incur Bonded Indebtedness Within the City of Richmond Community Facilities District No. 2022-1 (Point Molate), and Each of the Three Improvement Areas Therein. There is no requirement of General Fund support for these Bond measures - Public Works Department (Joe Leach 510-620-5478).
Interim City Attorney Dave Aleshire and Mark Northcross of NHA Advisors introduced the matter. Mr. Northcross and Mike Medve of NHA Advisors presented a PowerPoint that highlighted the following: SunCal concession on fiscal impact; revised worst-case fiscal impact analysis with SunCal concession; projected homes sales prices for Point Molate; comparisons with and without SunCal concession; and conclusion. Discussion ensued. Mr. Aleshire clarified the two options for the council's consideration. Mr. Aleshire advised that the resolution of intention to hold a public hearing to form a CFD was included in the agenda packet published before the meeting, and a resolution to decline to form a CFD was published as a supplemental document on the city's website after the agenda packet was published. The council recommended a future analysis of
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existing Richmond communities to determine if the cost of providing services was afforded by the taxes received from those communities. The following individuals gave comments via teleconference: Elsa Stevens, Sally Tobin, Pam Stello, Jeff Killbreth, Dan Engler, Jim Hanson, and Deborah Bayer. Further discussion ensued.
Motion by Councilmember McLaughlin
Seconded by Councilmember Jimenez
To adopt the resolution declining to establish the City of Richmond Community Facilities District No. 2022-1 (Point Molate), as there is evidence that such district could require financial support from the city's General Fund and no guarantee from developer that it will not; there are uncertainties over the phasing of improvements and the developer's financial capacities and performance; and developer has not performed all its obligations.
Ayes (4): Councilmember Jimenez, Councilmember Willis, Councilmember McLaughlin, and Vice Mayor Martinez
Absent (3): Councilmember Bates, Councilmember Johnson III, and Mayor Butt Passed (4 to 0)
M. ADJOURNMENT
There being no further business, the meeting adjourned at 6:00 p.m., to meet again on Tuesday, March 22, 2022, at 6:30 p.m.
Clerk of the City of Richmond Mayor
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RICHMOND, CALIFORNIA,
March 22, 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 Nathaniel Bates, Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, and Mayor Thomas K. Butt. Absent: Vice Mayor Eduardo Martinez arrived after the roll was called.
C. CLOSED SESSION
C.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government
Code Section 54957)
Title: City Clerk
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Bashar Zeidan v. City of Richmond, et al.
Randy Oliver v. City of Richmond, et al.
Ricardo Hernandez v. Hodges
City of Richmond v. Thomas K. Butt
C.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: Terminal One
Agency negotiators: Shasa Curl and Lina Velasco
Negotiating parties: Terminal One Development LLC
Under negotiation: Price and terms of payment
C.4 PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957.6)
Title: Community Police Review Commission Investigative Officer C.5 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
Agency Representatives: Jack Hughes
Employee organizations:
1. Richmond Police Officers Association RPOA
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D. PUBLIC COMMENT BEFORE CLOSED SESSION
There were no public speakers via teleconference.
E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 5:01 p.m. Closed Session adjourned at 6:29 p.m.
F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:41 p.m. by Mayor Butt via teleconference.
G. ROLL CALL
Present: Councilmembers Bates, Jimenez, Johnson III, McLaughlin, Willis, Vice Mayor Martinez, and Mayor Butt. Absent: None.
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The public comment instructional video was shown.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
A motion was made by Councilmember Jimenez to add an emergency item to the agenda to discuss what was happening at the Richmond Chevron Refinery with the experienced workers on strike; and hear from the workers what were the risks to the community and safety associated with workers not operating the facility. City Attorney Dave Aleshire stated the following criteria for the council to add an emergency item to an agenda during a meeting: (1) determine that the need to take action on the item arose subsequent to the posting of the agenda; and (2) a four-fifths vote to make the determination. Mayor Butt ruled the motion out of order. A motion was made by Councilmember McLaughlin, seconded by Vice Mayor Martinez, to overturn the mayor's ruling and take a vote to add said emergency item. A substitute motion made by Councilmember Bates to allow all of the Chevron workers an opportunity to speak under the Open Forum to express their positions and concerns rather than adding an emergency item died for the lack of a second. The motion to overrule the mayor and call for a vote to add the emergency item passed by the following vote: Ayes: Councilmembers Jimenez, Johnson III, McLaughlin, Willis, and Vice Mayor Martinez. Noes: Mayor Butt. Abstained: Councilmember Bates. Absent: None. A motion made by Councilmember Jimenez, seconded by Councilmember McLaughlin, to add said emergency item to the agenda and hear about what the risks from not having experienced workers at the facility would be for the community passed by the following vote: Ayes: Councilmembers Bates, Jimenez, Johnson III, McLaughlin, Willis, and Vice Mayor Martinez. Noes: Mayor Butt.
Abstained: None. Absent: None. Mayor Butt ordered that the emergency item be placed at the end of the agenda. A motion made by Councilmember Jimenez, seconded by Vice Mayor Martinez, to hear said emergency item after Item O.1 passed by the following vote: Ayes: Councilmembers Bates, Jimenez, Johnson III, McLaughlin, Willis, and Vice Mayor Martinez. Noes: Mayor Butt. Abstained: None. Absent:
None.
EMERGENCY ITEM (added during Agenda Review): Councilmember Jimenez introduced the matter following Item O.1 and requested that the Chevron workers start their presentation. Mayor Butt ruled the timing of the presentation out of order. A motion made by Vice Mayor Martinez, seconded by Councilmember Jimenez, to suspend the rules and allow for a presentation by Chevron workers passed by the following vote:
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Ayes: Councilmembers Bates, Jimenez, Johnson III, McLaughlin, Willis, and Vice Mayor Martinez. Noes: Mayor Butt. Abstained: None. Absent: None. Robert Travis of the United Steelworkers gave a brief overview of the Richmond Chevron Refinery workers contract negotiations that led to a labor strike. Mr. Travis advised that Chevron was running the refinery with inexperienced replacement workers and refused a safe and orderly shutdown. Mr. Travis expressed concerns for the safety of the community and requested the council's support. Discussion ensued. The following individuals gave comments via teleconference: Mark Wassberg, Richmond Proud (anonymous), Marisol Cantu, Don Gosney, John Varga, Elvira Figueroa, Linsi Crain, Lupe (last name not stated), Joe Puleo, Alfredo Angulo, Jessi Taran, Jamin Pursell, Elsa Stevens, and Hakim Johnson.
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
Interim City Attorney Dave Aleshire reported that the council authorized settlement negotiations concerning the Bashar Zeidan existing litigation. Mr. Aleshire also reported that the council voted 4-3 to seek to reduce the verdict for the Hernandez existing litigation.
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
Interim City Manager Shasa Curl encouraged the community to participate in a Community Budget Meeting on March 24 or 31, 2022. Additional information regarding budget meetings was available by calling the City Manager's Office at (510) 620-6512.
Ms. Curl announced that Clean-Slate Day to assist individuals with expungements was hosted by the Reentry Success Center located at 912 Macdonald Avenue in Richmond on April 8, 2022. Additional information regarding the program was available by calling (510) 679-2112.
M. CRIME REPORT FROM POLICE CHIEF - 4th Tuesday (public comment allowed under Open Forum)
Acting Chief of Police Louie Tirona reported the following police activity since February 22, 2022: One homicide, twenty-three robberies, and an overall reduction in violent crime by 43%. An overall reduction in property crimes by 19% with forty-five total burglaries and twenty-nine vehicle burglaries. Total calls for service were 6,120. Chief Tirona advised that the Police Department and other city departments had been in communication with the Richmond Chevron Refinery's management and labor to ensure safety during the current labor strike.
N. OPEN FORUM FOR PUBLIC COMMENT
The following individuals gave comments via teleconference:
Jeanne Kortz, Sally Tobin, Pam Stello, and Jamin Pursell gave comments in support of the council's decision at its March 18, 2022, special meeting to not move forward with the formation of a community facility district for Point Molate. Ms. Stello suggested the city considered partnering with the East Bay Park District to pursue a future development at Point Molate.
Mark Wassberg gave comments against the Richmond Progressive Alliance.
Jessi Taran expressed concerns regarding actions against the unhoused residents at the Rydin Road encampment. Ms. Taran reported that police harassment increased at the encampment. Ms. Taran gave comments in favor of a tiny home village at Point Molate.
Ms. Taran advised that the contract was expired for the Housing Consortium of the East Bay.
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Elsa Stevens expressed concerns regarding routine inspections, minimum maintenance standards, and enforceable compliance at the Heritage Park senior apartments in Richmond.
Santiago Morales Valasquez reported inadequate repairs, rat infestation, and habitability issues at the rental property located at 325 28th Street in Richmond. Mr. Morales urged the council to implement inspections to verify repairs were completed correctly.
Diego Garcia and Aniceto Leon gave comments in support of Item Q.3 regarding sports fields. Mr. Garcia urged the council to support the proposed construction of a sports field and recreational facilities in the Richmond Hilltop area.
Nathaniel Bates advised that MacKenzie Scott, the former wife of Amazon.com's founder, announced that she was giving away another $2.7 billion to charity. Mr. Bates recommended the City of Richmond requested some of the charitable funds for the unhoused, low-income housing, youth programs, and other projects as deemed by the mayor, council, and staff.
O. PUBLIC HEARINGS
Deputy City Clerk Ursula De Loa announced that it was time, pursuant to public notice, to hold a public hearing on the following item.
O.1 Redistricting Public Hearing
HOLD THE FIFTH PUBLIC HEARING AT 7:00 P.M. to receive public input on draft maps of voting district boundaries as part of the City’s redistricting process; SELECT a map to establish district boundaries; and determine election sequence – City Clerk’s Office (Pamela Christian 510-620-6513).
Deputy City Clerk Ursula De Loa introduced the matter. Senior Consultant Shalice Tilton of National Demographics Corporation presented a PowerPoint that highlighted the following: Redistricting process, rules, and goals; demographic summary of existing districts; draft maps and summary; City of Richmond Redistricting website; proposed sequencing; and prior public hearings and discussions. Discussion ensued. Mayor Butt declared the public hearing opened. The following individuals gave comments via teleconference: Mark Wassberg, Leisa Johnson, Oscar Garcia, Michael Gliksohn, Eunice (last name not stated), Jan Mignone, Susan Wehrle, Deborah McIntyre, Hulan Barnett, Nick Desposta, Garland Ellis, David Swanson, Shawn Dunning, Andre Shumake, Jane Courant, Marisol Cantu, Santiago Morales Valasquez, Norma (last name not stated), Jessi Taran, Edith Pastrano, Emily Ross, Jim Hanson, Dow Tunis, Bhavin Khatri, Sara Cantor, Rita Barouch, Elsa Stevens, Floridalma Bac, Joe Puleo, Don Gosney, Deborah Small, Sam Lewis, Steve Bischoff, Jan Diamond, and Deborah Bayer. Mayor Butt closed the public hearing. Further discussion ensued.
Motion by Councilmember Bates
Seconded by Councilmember Johnson III
To proceed with Map 102c.
No Action
Substitute Motion by Vice Mayor Martinez
Seconded by Councilmember Jimenez
Substitute motion to select Map 201.
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Ayes (4): Councilmember Jimenez, Councilmember McLaughlin, Councilmember Willis, and Vice Mayor Martinez
Noes (3): Councilmember Bates, Councilmember Johnson III, and Mayor Butt Passed (4 to 3)
P. BUDGET SESSION
P.1 Mid-Year Report on Fiscal Year (FY) 2021-22 Operating and Capital Improvement Budgets
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/LaShonda White 510-620-6740).
Interim City Manager Shasa Curl introduced the matter. Ms. Curl presented a PowerPoint that highlighted background, accomplishments, and prior council questions with responses. Discussion ensued. The council urged staff to complete the ongoing class and compensation study for the council's review.
John Varga and Deborah Small gave comments via teleconference. Further discussion ensued.
Motion by Councilmember Johnson III
Seconded by Councilmember Jimenez
To adopt said resolution approving proposed budget adjustments.
Ayes (7): Councilmember Bates, Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, Councilmember Willis, Vice Mayor Martinez, and Mayor Butt
Passed (7 to 0)
Adopted Resolution No. 34-22
Q. STUDY AND ACTION SESSION
Q.1 Resolution of the Richmond City Council in Support of the People of Ukraine
ADOPT a resolution of the City Council of Richmond, California, in support of the people of Ukraine – Office of the Mayor (Mayor Tom Butt 510-620-6503). (At 10:56 p.m. - a motion made by Councilmember Willis, seconded by Vice Mayor Martinez, to extend the meeting to complete Item Q.1 passed by the unanimous vote of the City Council).
Mayor Butt introduced the matter. Discussion ensued. The following individuals gave comments via teleconference: Mark Wassberg, Jessi Taran, and Deborah Small.
Motion by Mayor Butt
Seconded by Councilmember Willis
To adopt said resolution.
Ayes (6): Councilmember Bates, Councilmember Jimenez, Councilmember Johnson III, Councilmember Willis, Vice Mayor Martinez, and Mayor Butt Absent (1): Councilmember McLaughlin
cc22Mar2022 – sl/prc
Passed (6 to 0)
Adopted Resolution No. 35-22
Q.2 Presentation of a Potential Revised Project for the Terminal One Site.
RECEIVE a presentation regarding a potential revised project for the Terminal One site from Terminal One Development LLC – City Manager’s Office/ Community Development Department (Shasa Curl/Lina Velasco 510-620-6512).
Continued to the April 5, 2022, City Council meeting.
Q.3 Making Waves General Plan Amendment Presentation
RECEIVE a presentation regarding a proposed general plan amendment; and PROVIDE staff policy direction regarding the proposal to change the general plan land use classification of the site from Business/Light Industrial to Public Cultural Institutional for a school related sports field – Community Development Department (Lina Velasco/Hector Lopez 510-620-6706).
Continued to the April 26, 2022, City Council meeting.
Q.4 Improve Staff Morale
RECEIVE a presentation on ideas to maximize communication, raise employee morale, and to acknowledge the dedication of staff; and PROVIDE direction to staff - Councilmembers Melvin Willis (510-412-2050) and Claudia Jiménez (510- 620-6565).
Continued to the April 26, 2022, City Council meeting.
Q.5 Receive an Update from PG&E Regarding Power Outages RECEIVE a presentation from PG&E regarding power outages in Richmond – Public Works Department/City Manager’s Office (Samantha Carr/Joe Leach 510- 620-6512).
Continued to the April 26, 2022, City Council meeting.
Q.6 Richmond Intermodal Transit Center Neighborhood Transformation Project ADOPT a resolution confirming that the funding request for this project has the support of the Richmond City Council – Office of the Mayor (Mayor Tom Butt 510-620-6503).
Continued to the April 5, 2022, City Council meeting.
R. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
Councilmember Bates strongly recommended the council develop an organizational structure to prioritize business items.
S. ADJOURNMENT
There being no further business, the meeting adjourned at 11:10 p.m., to meet again on April 5, 2022, at 6:30 p.m.
Clerk of the City of Richmond Mayor
April 19, 2022
City Clerk's Office
DATE: April 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Pamela Christian, City Clerk
Subject:
Continued use of teleconferencing for the meetings of all City legislative bodies
FINANCIAL IMPACT: There is no additional financial impact.
PREVIOUS COUNCIL
ACTION:
December 21, 2021,January 18, 2022, February 15, 2022,
March 15, 2022
STATEMENT OF THE
ISSUE:
In order for the City Council to continue conducting virtual meetings and comply with the provisions of the Brown
Act, it is necessary for the City Council to make findings verifying the need for the continuation of virtual meetings.
RECOMMENDED ACTION:
ADOPT a resolution requiring the continued use of
teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361 – City Clerk’s Office (Pamela Christian 510-620-6513).
AGENDA
REPORT
April 19, 2022
DISCUSSION:
Background
Beginning in March of 2020, the Governor issued a series of executive orders relaxing certain provisions of the Brown Act in response to the COVID-19 pandemic. In short, those orders allowed local governments to conduct its meetings one hundred percent remotely, so long as members of the public still had the ability to view, listen and comment on items on the agenda. The most recent of these orders expired on September 30, 2021.
On September 15, 2021, the governor signed into law AB 361, an urgency measure (meaning it became effective immediately) which largely continues the executive orders allowing for remote meetings. The Governor subsequently issued an order making the provisions of AB 361 effective beginning October 1, 2021.
Analysis of Assembly Bill (AB) 361
AB 361 contains several requirements in order to continue the use of remote meetings.
These include:
● There must be a state of emergency declared under the California Emergency Services Act. This effectively means the Governor must have declared the emergency.
● During the state of emergency, either state or local officials have imposed or recommended measures to promote social distancing, or that meeting in person would present an imminent risk to the health or safety of attendees. ● In order to continue to utilize remote meetings, the Council must reconsider the factors above every 30 days and adopt specified findings that the fact relied upon still exist.
As the attached resolution spells out, the State of California is still under an emergency declaration regarding COVID-19, and both state and local health officials continue to recommend social distancing to help stop the spread of the virus. The resolution applies to all of the City’s legislative bodies (as defined by the Brown Act) and will remain in effect for the next 30 days. The city will continue to update the findings every 30 days, in compliance with AB 361.
DOCUMENTS ATTACHED:
Attachment 1- Resolution requiring the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of AB 361
Reso. No.
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,
MAKING FINDINGS REQUIRING THE CONTINUED USE OF
TELECONFERENCING FOR MEETINGS OF ALL CITY OF RICHMOND
LEGISLATIVE BODIES PURSUANT TO THE PROVISIONS OF AB 361
WHEREAS, in response to the COVID-19 pandemic, the Governor adopted a series of Executive Orders allowing the legislative bodies of local governments to meet remotely via teleconference through September 30, 2021, so long as other provisions of the Ralph M. Brown Act (“Brown Act”) were followed; and
WHEREAS, on September 16, 2021, the Governor signed into law as an urgency measure, AB 361 a bill that amends the Brown Act to allow local policy bodies to continue to meet by teleconferencing during a state of emergency without complying with restrictions in state law that would otherwise apply, provided that the policy bodies make certain findings at least once every 30 days; and
WHEREAS, on behalf of all legislative bodies of the City of Richmond that are subject to the Brown Act, the Richmond City Council has considered the current state of health guidance related to public meetings in Contra Costa County and finds it necessary to continue with remote meetings for the next 30 days to promote public health and safety; and
WHEREAS, the entire State of California remains under a proclaimed state of emergency as declared by the Governor of the state of California related to the COVID-19 pandemic; and
WHEREAS, the California Department of Public Health continues to require the use of face coverings in indoor settings in order to help stop the spread of the virus.
WHEREAS, the Health Officer for Contra Costa County published “Recommendations for Safely Holding Public Meetings” on September 20, 2021 that “strongly recommend” on- online meetings, and that local agencies should provide options for the public to participate without having to attend meetings in person, and that social distancing should be used for any in- person meetings, including six feet of spacing between all in attendance; and
WHEREAS, the City Council and all other legislative bodies of the City of Richmond have met remotely during the COVID-19 pandemic and can continue to do so in a manner that allows public participation and transparency while minimizing health risks to members, staff, and the public who would be present with in-person meetings while this emergency continues.
NOW, THEREFORE, BE IT RESOLVED, That the City Council of the City of Richmond finds as follows:
1. As described above, the State of California, the County of Contra Costa and the City of Richmond remain in a state of emergency due to the COVI-19 pandemic. At this meeting the Richmond City Council has considered the circumstances of the state of emergency; and
2. As described above State and County officials continue to recommend measures to promote physical distancing and other social distancing measures, in some settings; and
3. As described above meetings of this body in person would present imminent risks to the safety of attendees, and the state of emergency continues to directly impact the ability of members to meet safely in public; and:
BE IT FURTHER RESOLVED That, based on the findings required by Government Code section 549539(e), as amended by AB 361, the City of Richmond requires the continued use of teleconferencing for the next 30 days for all public meetings of the Richmond City Council and all City of Richmond boards, commissions, committees and subcommittees subject to the Brown Act; and
Reso. No.
BE IT FURTHER RESOLVED, That All City public meetings subject to the Brown Act conducted by teleconferencing technology shall provide an opportunity for members of the public to address the body and otherwise occur in a manner that protects all statutory and constitutional rights of the public attending the meeting via teleconferencing, and;
BE IT FURTHER RESOLVED That the City Clerk is directed to place a resolution substantially similar to this resolution on the agenda of a future meeting of the City Council within the next 30 days.
*********************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held April 19, 2022, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
Mayor
Approved as to form:
City Attorney
April 19, 2022
City Clerk's Office
DATE: April 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Pamela Christian, City Clerk
Subject:
Ordinance Adjusting the Boundaries of Council Districts FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
March 22, 2022, April 5, 2022
STATEMENT OF THE
ISSUE:
On March 22, 2022, the Richmond City Council selected
District Map No. 201 adjusting the boundaries of the City Council Districts. State law requires that new district maps must be adopted by April 17, 2022, for the
November 2022 election. On April 5, 2022, the City
Council adopted Resolution 49-22 and introduced an
ordinance to confirm District Map No. 201 by the April 17, 2022, deadline.
RECOMMENDED ACTION:
ADOPT an ordinance (second reading) of the City
Council of the City of Richmond adjusting the boundaries of the six City Council Districts and adopting a new
official Council District Map No. 201, for the City of
Richmond based on the results of the 2020 decennial
census and amending RMC section 2.16.050 – City
Clerk’s Office (Pamela Christian 510-620-6513).
DISCUSSION:
AGENDA
REPORT
April 19, 2022
The City of Richmond transitioned from at-large elections to by district elections in 2020.
Every ten years, local governments use new census data to redraw their district lines to reflect how local populations have changed. Assembly Bill 849 (2019) and Assembly Bill 1276 (2020) require cities and counties to engage communities in the redistricting process by holding public hearings and doing public outreach. In Richmond, the City Council is responsible for drawing council districts and the redistricting process must be completed by April 17, 2022. District lines are adopted using the following state and federal criteria:
Federal Laws:
1. Equal Population (based on total population of residents as determined by the most recent federal decennial census and adjusted by the State to reassign incarcerated persons to the last known place of residence)
2. Federal Voting Rights Act
3. No Racial Gerrymandering
California Criteria for Cities (to the extent practicable and in the following order of priority):
1. Geographically contiguous districts (Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous
2. Geographic integrity of local neighborhoods or communities shall be respected in a manner that minimizes its division
3. Easily identifiable boundaries that follow natural or artificial barriers (rivers, streets, highways, rail lines, etc.)
4. Lines shall be drawn to encourage geographic compactness. In addition, boundaries shall not be drawn for purposes of favoring or discriminating against a political party.
In accordance with Elections Code Section 21607 and 21607.1, the City Council held public hearings and workshops on the drawing of district boundaries. At each of the public hearings and workshops, the public was invited to provide input on the composition of the new Council district boundaries.
Redistricting outreach has included the following:
E-mail sent with flyers to the Community Outreach group, John Gioia’s Office, Richmond Promise, ECIA Listserv (non-profits), Katrinka Ruk (Council of Industries), Chamber of Commerce, LEAP, Employment & Training, Malcom Marshall (Richmond Pulse), Mike Kinney (Richmond Standard), Gonzalo Ochoa (23rd St. Merchants Association), and Daniel Butt (Pt. Richmond Business Association).
Flyer announced on the Mayor’s Office social media, press release, City’s social media, and KCRT.
April 19, 2022
Flyer sent to Jan Mignone, Stephanie Ny, and Garland Ellis, Neighborhood Council PIO. Stephanie forwarded the e-mail to ALL Neighborhood Councils. Posted flyers at all community centers, 440 and 450 Civic Center Plaza buildings, and at the main library
E-mail blast with flyers sent to parents of the WCCUSD Gabino Arredondo distributed flyers to various businesses he frequents Continuous announcement on the City’s electronic marquee Electronic flyer continuously posted in the City Manager’s Weekly Report
Public Hearings and Workshops were held as follows:
DATE DAY TIME LOCATION EVENT
7/6/2021 Tuesday 7:00 p.m. Richmond 1st pre-draft hearing 8/25/2021 Wednesday 2:00 p.m. and
6:00 p.m.
Richmond 1st & 2nd pre-draft
workshops*
9/14/2021 Tuesday 7:00 p.m. Richmond 2nd pre-draft hearing* 12/6/2021 Monday 6:00 p.m. Richmond 3rd pre-draft workshop* 1/18/2022 Tuesday 7:00 p.m. Richmond 1st post-draft hearing* 2/1/2022 Tuesday 7:00 p.m. Richmond 2nd post-draft hearing* 2/8/2022 Tuesday 6:00 p.m. Richmond 1st post-draft workshop * 3/22/2022 Tuesday 7:00 p.m. Richmond 3rd post-draft hearing* *Translation services were available
The proposed maps of the district boundaries were published beginning January 2022 on the City’s redistricting webpage at: www.ci.richmond.ca.us/Redistricting.
At its meeting on March 22, 2022, the City Council selected District Map No. 201 to represent the new district voting maps for the City. On April 5, 2022, the Council adopted Resolution No. 49-22 and introduced an ordinance to confirm District Map No. 201 to meet the April 17, 2022, deadline.
DOCUMENTS ATTACHED:
Attachment 2 – Ordinance
Attachment 1 – Resolution No. 49-22
Attachment 3 – Map No. 201
1 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND
ADJUSTING THE BOUNDARIES OF THE SIX CITY COUNCIL DISTRICTS AND
ADOPTING A NEW OFFICIAL COUNCIL DISTRICT MAP FOR THE CITY OF RICHMOND BASED ON THE RESULTS OF THE 2020
DECENNIAL CENSUS AND AMENDING SECTION 2.16.050
THE CITY COUNCIL OF THE CITY OF RICHMOND DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Richmond does find determine and declare as follows:
(a) On January 21, 2020, the City Council adopted Ordinance No. 04-20 N.S. adopting section 2.16.050 (City Council Election Districts and Sequencing) pursuant to Government Code Sections 34871 to provide for the by- district election of members of the City Council, adopt the official Council District Map for the City of Richmond, establish the boundaries and identification number of each electoral district, and establish a sequencing of elections for each Council District.
(b) Pursuant to Elections Code Section 21601 and Section
2.16.050 of the Richmond Municipal Code, the City Council is required to adjust the boundaries of any or all of the Council Districts following each decennial federal census. Using the census as a basis, the City Council must adjust the boundaries so that the Council Districts are as nearly equal in population as practicable and in compliance with all applicable provisions of law, including the United States and Federal Constitutions and the Federal Voting Rights Act of 1965 (52 U.S.C. Section 10301 et seq.).
(c) In accordance with Elections Code Section 21607 and 21607.1, the City Council held public hearings on the drawing of district boundaries on the dates listed below. At each of the public hearings, the public was invited to provide input on the composition of the new Council district boundaries; translation services were provided for each public hearing.
DATE DAY TIME LOCATION EVENT
7/6/2021 Tuesday 7:00 p.m. Richmond 1st pre-draft hearing 9/14/2021 Tuesday 7:00 p.m. Richmond 2nd pre-draft hearing 1/18/2022 Tuesday 7:00 p.m. Richmond 1st post-draft hearing 2/1/2022 Tuesday 7:00 p.m. Richmond 2nd post-draft hearing 3/22/2022 Tuesday 7:00 p.m. Richmond 3rd post-draft hearing
2 (d) Additionally, workshops were held on the following dates for the public to provide input on the composition of the new Council district boundaries; translation services were provided for each workshop:
DATE DAY TIME LOCATION EVENT
8/25/2021 Wednesday 2:00 p.m. &
6:00 p.m.
Richmond 1st & 2nd pre-draft
workshops
12/6/2021 Monday 6:00 p.m. Richmond 3rd pre-draft
workshop
2/8/2022 Tuesday 6:00 p.m. Richmond 1st post-draft
workshop
(e) Print, email, and social media was used to conduct outreach to residents. The proposed maps of the district boundaries were published in January 2022 on the City’s redistricting webpage at:
www.ci.richmond.ca.us/Redistricting.
(f) After closing the public hearing held on March 22, 2022, the City Council selected Map No. 201 depicted in Exhibit “A” of this ordinance as the official Council District Map for the City of Richmond and introduced this ordinance for first reading. Demographic data supporting the map based on the 2020 Census is attached hereto as Exhibit “B” of this ordinance and incorporated herein by this reference.
Section 2. Adoption of New Council District Map. The map attached hereto as Exhibit “A” to this ordinance, and incorporated herein by this reference, is hereby approved and adopted as the Official Council District Map for the City of Richmond and shall be used in the 2022 general municipal election and all such elections for City Council thereafter, until further amended.
Section 3. Amendment of Section 2.16.050. Section 2.16.050 of Chapter 2. 16 of the Richmond Municipal Code is hereby amended to read as follows:
“2.16.050. - City Council districts established.
Six (6) City Council districts are hereby established in the city. The boundaries and identifying number of each district shall be as described on the official "Council District Map" on file in the Office of the City Clerk as adopted by Ordinance No. 2022 -___ and Resolution No. 2022-___.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this ordinance shall nonethe less remain in full force and effect. The City Council of the City of Richmond hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this ordinance be declared invalid or unenforceable.
3 Section 5. Certification. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published in the ma nner prescribed by law. This ordinance shall be effective 30 days following the date of its adoption pursuant to Government Code Section 36937, Elections Code Section 21600, et seq, and applicable law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Richmond this day of , .
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
Mayor, Tom Butt
Approved as to form:
Interim City Attorney
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA ) ss
CITY OF RICHMOND )
I, Pamela Christian, City Clerk of the City of Richmond, do hereby certify that the foregoing Ordinance No. was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Richmond on the 5th day of April 2022, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Richmond at a meeting thereof held on the day of , .
Pamela Christian, City Clerk of the City of Richmond
4 EXHIBIT A
5 EXHIBIT B
2 1 6
3 5
4 580
580
80 Fire Trl No 3
Ri
chm
ond Ln
Fire Trl 4
Fire Trl 5
W
estern Dr
Clark-Boas Trl
Nim
itz W
ay
Richmond Pkwy Hilltop DrMarkovich Ln
Duarte Trl
N Castro St
Giant Hwy
Morningside DrCampus Dr
Atlas Rd
Canal Blvd
Castro
St
Gateview Cir
S Harbor W
ay
Mozart Dr
W Ohio Ave
Carriage Dr
Park Central
Dornan Dr
Nelson Dr
S 14th St
Blum
e Dr
Lakeshore Ct
Meeker Ave
Morton Ave
Isabel St
Taft Ave
31st St
Coach Dr
Jacuzzi Ave
Ocean Ave
la Cresenta Rd
Gar
rard Blvd
Fascination CirMoyers Rd
Vista Heights Rd
San Pablo Dam
Rd
Wharf St
Monterey St
Garden Tract Rd
W Cutting Blvd
Santa Rita Rd
Berk Ave
S 58th St
Banks Dr
Park Ave
Castro Ranch Rd
S 31st St
Belvedere Ave
28th St Kern St
Lakeside Dr
Brookwood Ln
Fieldcrest Dr
6th St
Rheem Ave
Key Blvd
Duboce Ave
Coalinga Ave
16th StEsmond Ave
Bristlecone Dr
123
W
ilson Ave
Club Ln
33rd St
25th St
Bissell Way
Fran Way
Moran Ave
Ohio Ave
Da Villa
Jerilynn Ave
B St
20th St
Brookside Dr
Grays Cir
Sonoma St
Cypress Ave
S 15th St
S 22nd St
S 19th St
S 12th St
National Ct
Chesley Ave
Castilla Ave
Market Ave
Waverly Dr
Southwind Cir
Bush Ave
Sea Shell Dr
San Mateo St
Wildcat Canyon Rd
37th St
Diane Dr
Tri Ln
Rd 20
S 56th St
NDC 201
City of Richmond
2021 Redistricting
National Demograpics Corporation January 18, 2022
Map layers
201
Elementary Schools
Secondary Schools
Landmark Point
Landmark Area
Water Area
Railroad
River
Streets
©2021 CALIPER
Category Field 1 23456 Total
Total Population 19,495 18,741 20,175 19,464 19,675 19,240 116,790 Population Deviation 30 -724 710 -1 210 -225 1,434
Pct. Deviation 0.15% -3.72% 3.65% -0.01% 1.08% -1.16% 7.37% Hispanic/Latino 73% 37% 61% 24% 24% 47% 45%
NH White 5% 19% 7% 20% 26% 21% 16%
NH Black 13% 19% 24% 25% 25% 11% 20%
NH Asian/Pac.Isl. 7% 21% 7% 27% 22% 19% 17%
NH Native Amer. 0% 0% 0% 1% 1% 1% 1%
Total 7,712 10,628 9,656 13,706 12,152 10,841 64,696
Hisp 53% 22% 33% 19% 13% 27% 26%
NH White 9% 32% 11% 28% 31% 33% 25%
NH Black 23% 27% 43% 24% 36% 20% 29%
Asian/Pac.Isl. 15% 17% 10% 28% 19% 19% 19%
Native Amer. 1% 1% 2% 0% 1% 1% 1%
Total 7,243 8,487 8,909 12,648 11,302 10,152 58,741
Latino est. 52% 21% 32% 19% 14% 30% 26%
Spanish-Surnamed 48% 19% 30% 17% 13% 28% 24%
Asian-Surnamed 3% 9% 2% 11% 9% 7% 8%
Filipino-Surnamed 1% 3% 1% 3% 2% 2% 2%
NH White est. 11% 41% 12% 39% 42% 42% 34%
NH Black 31% 26% 52% 30% 33% 19% 31%
Total 4,700 6,595 5,823 10,318 8,934 8,066 44,436
Latino est. 54% 19% 33% 18% 13% 29% 25%
Spanish-Surnamed 50% 18% 31% 17% 12% 27% 23%
Asian-Surnamed 3% 9% 2% 11% 9% 7% 8%
Filipino-Surnamed 1% 3% 1% 3% 2% 2% 2%
NH White est. 11% 41% 12% 39% 42% 42% 34%
NH Black 31% 26% 52% 30% 33% 19% 31%
Total 2,811 4,455 3,709 7,320 6,475 5,709 30,479
Latino est. 50% 14% 28% 16% 11% 25% 21%
Spanish-Surnamed 48% 14% 26% 15% 10% 24% 20%
Asian-Surnamed 2% 7% 2% 9% 8% 6% 6%
Filipino-Surnamed 2% 2% 1% 3% 2% 1% 2%
NH White est. 12% 48% 13% 42% 46% 45% 38%
NH Black est. 32% 25% 54% 30% 32% 20% 31%
age0-19 31% 24% 29% 20% 22% 22% 25%
age20-60 58% 59% 55% 54% 58% 58% 57%
age60plus 11% 17% 16% 26% 20% 19% 18%
immigrants 43% 33% 38% 28% 29% 38% 35%
naturalized 29% 46% 32% 65% 48% 40% 42%
english 22% 47% 39% 56% 64% 46% 46%
spanish 69% 36% 50% 19% 17% 38% 38%
asian-lang 7% 11% 9% 14% 12% 10% 11%
other lang 2% 6% 3% 11% 8% 6% 6%
Language Fluency Speaks Eng. "Less than
Very Well" 39% 22% 23% 17% 14% 25% 23%
hs-grad 40% 38% 49% 44% 40% 43% 42%
bachelor 9% 20% 12% 24% 22% 19% 18%
graduatedegree 3% 12% 3% 11% 16% 10% 10%
Child in Household child-under18 52% 34% 40% 29% 28% 32% 35% Pct of Pop. Age 16+ employed 68% 66% 61% 63% 68% 72% 66% income 0-25k 13% 13% 25% 13% 18% 15% 16%
income 25-50k 31% 19% 23% 17% 20% 14% 20%
income 50-75k 23% 16% 19% 14% 16% 16% 17%
income 75-200k 31% 42% 30% 48% 38% 48% 40%
income 200k-plus 2% 10% 2% 9% 8% 7% 7%
single family 71% 54% 63% 77% 55% 82% 67%
multi-family 29% 46% 37% 23% 45% 18% 33%
rented 57% 58% 62% 32% 55% 42% 50%
owned 43% 42% 38% 68% 45% 58% 50%
Household Income
Education (among those
age 25+)
Immigration
Age
Language spoken at
home
City of Richmond - Map 201
2020 Census
Total Pop.
Citizen Voting Age Pop
Housing Stats
Voter Registration (Nov
2020)
Voter Turnout
(Nov 2020)
Total population data from California's adjusted 2020 Census data. Citizen Voting Age Population, Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. Turnout and Registration data from California Statewide Database ("Latino" figures calculated by NDC using Census Bureau's Latino undercount by surname estimate).
Voter Turnout (Nov
2018)
April 19, 2022
City Manager's Office
DATE: April 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Shasa Curl, City Manager
Gabino Arredondo, Project Manager
Subject:
Acquisition of the Richmond Housing Authority (RHA)
Administration Building
FINANCIAL IMPACT: Sale of the RHA administration building to the City is for one dollar ($1.00). The RHA administration building is
currently being rented for the operation of the
RichmondBuild program. Once the building is transferred from RHA to the City, the City will no longer be obligated to make rental payments. In addition, according to the
City and RHA repayment agreement approved on
January 25, 2022, the debt owed by RHA will be reduced
by $307,649 once the administration building is
transferred from RHA to the City.
PREVIOUS COUNCIL
ACTION:
June 30, 2020
STATEMENT OF THE
ISSUE:
The Richmond Housing Authority (RHA) owns the
administration building at 360 S. 27th Street, Richmond, CA 94804, and leases the building to the City for purpose of operating the RichmondBUILD program. An
implementing action of RHA’s Asset Repositioning
Strategy is to transfer the building to the City. The U.S.
Department of Housing and Urban Development (HUD)
requires an approving resolution from the City.
AGENDA
REPORT
April 19, 2022
RECOMMENDED ACTION:
ADOPT a resolution approving the acquisition of the
Richmond Housing Authority (RHA) administration
building (360 S. 27th Street); and AUTHORIZE the city
manager or their designee to execute final form of
agreements and any supporting U.S. Department of
Housing and Urban Development (HUD) documents to
facilitate the transfer and sale of the RHA administration building to the City of Richmond for $1.00 – City
Manager’s Office (Shasa Curl 510-620-6512).
DISCUSSION:
Richmond Housing Authority (RHA) acquired the administration building located at 360 27th Street Richmond, CA 94804-2906 in 1957 for $12,750 from the Public Housing Administration. The administration building consists of commercial and/or non- residential uses. Since April 2009, the administration building has been used by the City’s Employment and Training Department for the purposes of administering RichmondBUILD, an environmental workforce and job training program. In response to a U.S. Department of Housing and Urban Development (HUD) audit finding, this relationship was memorialized in a lease between RHA and the City effective April 1, 2017.
The RichmondBUILD program was established in 2007, as a violence reduction strategy for the City and has since become a nationally recognized construction skills and green building training program. RichmondBUILD’s core mission is to create opportunities and address issues of equity and access to good jobs for all residents.
Program participants include at-risk and under-served youth, formerly incarcerated and re-entry individuals, immigrants, and women seeking non-traditional careers.
Over the last ten years, RichmondBUILD has expanded the training programs to include pre-apprenticeship construction skills, environmental remediation including Hazworker, OSHA, lead and asbestos certifications, and solar installation. Over 1,200 Richmond residents have been trained for careers and employment in construction, the green building industry, solar installation, and environmental remediation, and have achieved an impressive job placement rate of 85 percent of graduates. The average starting wage for a RichmondBUILD graduate is $18 an hour.
Sale of the administration building to the City is part of RHA’s asset repositioning efforts.
RHA is working to reposition its asset portfolio and close out the Public Housing program. Given its current use, the administration building is not essential to RHA’s current operations of public housing or the future operations after repositioning is completed.
Since Public Housing resources were used by RHA to purchase the administration building, approval from HUD is needed to dispose of the building. The ability to approve
April 19, 2022
the request is granted to HUD in Section 18 of the 1973 Housing Act, 24 CFR part 970 and PIH Notice 2018-04. Together these establish the application and process requirements for a disposition application.
On June 30, 2020, the RHA Board of Commissioners adopted a resolution authorizing the RHA to submit a Section 18 Disposition Application to HUD and authorized the RHA Executive Director to execute the final form of the agreements, and any supporting HUD documents to facilitate the sale of the Admin Building to the City for $1.00.
RHA has received Section 18 disposition approval and HUD is requiring the City to provide an authorizing resolution to acquire the administration building.
Since this sale will occur at less than Fair Market Value (2019 FMV is $307,650), HUD requires a use restriction that the building substantially serves people who are low- income or residents from low-income neighborhoods for 30 years.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
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RESOLUTION NO._____
A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND APPROVING
THE ACQUISITION OF THE RICHMOND HOUSING AUTHORITY
ADMINISTRATION BUILDING AND AUTHORIZING EXECUTION OF THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ( HUD-REQUIRED
DISPOSITION DOCUMENTS
WHEREAS, the Richmond Housing Authority (“RHA”), is the owner of that certain property located at 360 South 27th Street, Richmond, California (the “Administration Building”); and
WHEREAS, in addition to the administration of its core public housing programs, RHA is working to continue the repositioning of RHA assets; and
WHEREAS, on June 30, 2020, by Resolution 2122, the RHA governing board approved the submittal of a Section 18 Disposition Application to the U.S. Department of Housing and Urban Development (HUD) proposing the sale of the Administration Building to the City for One Do llar and no cents ($1.00); and
WHEREAS, since 2009, the City Employment and Training Department has used the Administration Building to administer the RichmondBUILD program; and
WHEREAS, by letter dated March 3, 2021, HUD approved the conveyance of the Administration Building to the City provided that, for a minimum of 30 years, the building would continue to be used to provide supportive services primarily to low-income community residents; and
WHEREAS, the Administration Building is currently encumbered by a Declaration of Trust in favor of HUD, and HUD must execute, and RHA must record, a Release of Declaration of Trust prior to the transfer of the Administration Building; and
WHEREAS, HUD’s approval for the transfer of the Administration Building is conditioned upon the requirement that the property will be operated to provide services primarily for the benefit of low-income community residents for a minimum of thirty (30) years, and that such restriction will be evidenced by a Use Agreement (Exhibit A) recorded in the Official Records of Contra Costa County (“Use Agreement”); and
WHEREAS, the City Council has determined that it is in the best interests of the City to acquire the Administration Building and to execute and deliver the Use Agreement and any additional instruments that HUD requires to complete the disposition.
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE
RICHMOND CITY COUNCIL, COUNTY OF CONTRA COSTA, STATE OF
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CALIFORNIA, THAT: the acquisition of the Administration Building from the Richmond Housing Authority for the sum of One Dollar and no cents ($1.00) is hereby approved.
BE IT FURTHER RESOLVED THAT the form and substance of the Use Agreement is hereby approved.
RESOLVED FURTHER, that the City Manager is hereby authorized and directed to execute and deliver the Use Agreement and any additional instruments that HUD may require in connection with the conveyance of the Administration Building to the City.
RESOLVED FURTHER, that the City Manager is hereby authorized and directed to take all such other actions and to execute, acknowledge, deliver, and record such other instruments, including without limitation, a certificate of acceptance to be attached to the grant deed conveying the Administration Building to the City, as the City Manager may deem necessary or appropriate in order to carry out and perform the purposes and intent of the foregoing resolutions.
RESOLVED FURTHER, that the actions taken by the City Manager in connection with the acquisition of the Administration Building and the execution and delivery of documents required by HUD in connection therewith, are hereby ratified, confirmed and approved.
*******************************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a meeting thereof held on April ,2022 , by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Chairperson
[SEAL]
ATTEST:
Secretary
Approved as to form:
Attorney
State of California }
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County of Contra Costa : ss.
City of Richmond }
EXHIBIT A
USE AGREEMENT
[See Attached]
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RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
Richmond Housing Authority
Attn: Nannette Beacham
330 24th Street
Richmond, CA 94804
NO FEE REQUIRED
PER GOVERNMENT CODE SECTION 27383
___________________________________________________________________________ (SPACE ABOVE THIS LINE FOR RECORDER’S USE)
USE AGREEMENT
(ADMINISTRATION BUILDING)
This Use Agreement (this “Agreement”) dated as of ___________, 2022, is by and among the U.S. Department of Housing and Urban Development (“HUD”), with an address of 1 Sansome Street, 12th Floor, San Francisco, California, 94104, the Richmond Housing Authority, a public body corporate and politic organized under the laws of the State of California (“PHA”), with an address of 330 24 TH Street, Richmond, CA 94804, and the City of Richmond, a municipal corporation and charter city (“ Owner”), with an address of 450 Civic Center Plaza, Richmond, CA 94804.
RECITALS
WHEREAS, PHA owned and operated one (1) non-dwelling building (the “Building”) and (0.52) acres of underlying land located at 360 South 27th Street in the City of Richmond, California, known as Contra Costa County Assessor’s Parcel No. 549 -051-002-10, more particularly described in that certain Declaration of Trust recorded in the official records of Contra Costa County on September 1, 2020 as Document No. 2020-0188984 (the “Declaration of Trust”), and as further described in Exhibit A , attached hereto and incorporated herein (the “ Disposition Property”);
WHEREAS, P HA owned and operated the Disposition Property as an administration building wi th financial assistance provided by HUD under the U.S. Housing Act of 1937, as amended, 42 U.S.C. 1437 et. seq. (the “Act”);
WHEREAS, construction and/or operation of the Disposition Property was financed in part by HUD;
WHEREAS, pursuant to a lease exec uted by and between PHA and Owner, Owner has operated the Disposition Property for the purpose of administering RichmondBUILD, an environmental workforce and job training program;
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WHEREAS, PHA requested HUD approval of the conveyance of the Disposition Property and HUD has, as documented in the letter from HUD to PHA dated March 3, 2021, as thereafter amended (collectively the “ Approval Letter ”), attached hereto as Exhibit B and incorporated herein, agreed to such sale on the terms and conditions set forth in the Approval Letter and this Agreement (collectively, the “HUD Disposition Approval”);
WHEREAS, HUD has approved the conveyance of the Disposition Property to Owner for the purchase price of One Dollar ($1.00); and
WHEREAS, HUD has conditioned its approval for the transfer of the Disposition Property as set forth in the HUD Disposition Approval, including the condition that the Building shall be operated primarily to serve households earning no more than eighty percent (80%) of Area Median Income with community supportive services such as employment training for a minimum of thirty (30) years from the date this Agreement is recorded in the official records of the county where the Disposition Property is located (the “Restricted Period”).
AGREEMENT
NOW THEREFORE, in consideration of the promises and covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
1. Use Requirement . Owner, for itself and for its successors and assigns, hereby covenants and agrees for the benefit of PHA and HUD that the Building shall be used primarily to serve households earning no more than eighty percent (80%) of Area Median Income with community supportive services such as employment training (the “ Use Requirement”) for the duration of the Restricted Period.
2. Exceptions to the Use Requirement. The following events shall not constitute a breach of the Use Requirement:
A. Vacancies. If any part of the Building is left vacant for a commercially reasonable period (i) while one permitted agency or other user of the Building is moving out and before another has moved in to the Building, (ii) while waiting for a new qualifying agency or other user of the Building in the event there are none immediately available to move in after the previous qualifying agency or other user vacates, or (iii) while the Building is being renovated and/or repaired.
B. Casualties. If the Building is damaged or destroyed by fire or other casualty and the use of the Building in conformance with the Use Requirement ceases during a period of repairs and/or reconstruction; provided that (i) PHA is timely notified of the casualty; (ii) Owner uses commercially reasonable eff orts to cause the Building to be repaired or restored to substantially the same condition as existed prior to the event causing damage or destruction, (iii) the Building is are actually repaired or restored within two (2) years after the date of the casualty, or such longer period as may be approved by HUD in writing, such approval not to be unreasonably
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withheld, conditioned or delayed, and (iv) the Building is thereafter operated in accordance with the Use Requirement for the remainder of the Restricted Period.
C. Takings. If the Building is taken for any public or quasi -public use under governmental law, ordinance or regulation, or by right of eminent domain, or by private purchase in lieu thereof (a “ Taking”), or if any other portion of the Disposition Pro perty has been subject to a Taking; provided that (i) PHA is timely notified of the Taking; (ii) Owner applies funds received as a result of the Taking to the acquisition and development of a replacement building that will be operated in accordance with the Use Requirement, (iii) the new building is acquired or developed within two (2) years after the date of the Taking, or such longer period as may be approved by HUD in writing, such approval not to be unreasonably withheld, conditioned or delayed, and (iv) the new building is thereafter operated in accordance with the Use Requirement for the remainder of the Restricted Period.
3. Events of Default. In the event the Use Requirement ceases to be satisfied prior to the expiration of the Restricted Period:
A. Notices of Violation. PHA shall give to Owner written notice of the failure (a “Notice of Violation ”). Owner shall have thirty (30) calendar days after the date on which a Notice of Violation is received in accordance with Section 8 below to cure the failu re; provided that, if such Owner uses commercially reasonable efforts to cure the failure within the prescribed thirty (30) day period and is unable to do so, HUD may approve in writing an extension of an additional thirty (30) calendar days to cure the fa ilure, such approval not to be unreasonably withheld, conditioned or delayed.
B. Events of Default . PHA is hereby authorized, and shall take whatever investigative steps it deems necessary to ensure compliance. If, after receiving a Notice of Violation, the failure is not corrected to the satisfaction of PHA within the prescribed amount of time, PHA may declare a default under this Section 3 (an “Event of Default ”) without further notice.
C. Remedies. In an Event of Default by Owner, to the extent permitted by applicable law, PHA shall have the right to seek specific performance of the Use Requirement and/or to enjoin any violation of the Use Requirement in a court of competent jurisdiction. The right to specific performance and injunction shall be in addition t o all other remedies available under statute, at law or in equity.
D. Recapture of Federal Funds. In the event that the Building ceases to be used in accordance with the Use Requirement prior to the expiration of the Restricted Period, any federal funds appl ied to the Building shall, subject to the limitations set forth in the Disposition Agreement, be eligible for recapture from and/or repayment by PHA to HUD and shall be treated as federalized assets subject to all federal requirements (the “Repayment Obligation”).
E. Intentionally omitted.