Richmond City Council
June 7, 2022

City of Richmond
Non-General Fund by Character
Attachment 4
FY2019-20 FY2020-21 FY2021-22 FY2021-22 FY2022-23 PCT
ACTUALS ACTUALS ACTUALS REV. BUDGET DRAFT BUDGET CHANGE 1055 ENCROACHMENT SVCS
LICENSES,PRMITS&FEES (740,983) (729,297) (774,897) (838,000) (838,000) 0% USE OF MONEY&PROPRTY (13,328) (5,699) (3,607) - - - CHARGES FOR SERVICES (547,119) (230,024) (334,027) (227,000) (227,000) 0% REVENUE (1,301,429) (965,020) (1,112,532) (1,065,000) (1,065,000) 0% SALARIES AND WAGES 298,961 248,707 235,796 369,936 403,126 9% PYRLL/FRINGE BENEFIT 226,614 244,270 201,293 330,842 323,472 -2% OTHER OPERATING 1,599 709 1,089 4,700 4,700 0% UTILITIES 2,081 3,225 1,874 2,900 2,900 0% COST POOL 192,277 170,231 156,045 170,231 172,555 1% ASSET/CAPITAL OUTLAY 542 - - - - - EXPENDITURE 722,073 667,141 596,096 878,609 906,753 3% 1200 HOUSING ADMINISTRATION
LICENSES,PRMITS&FEES - - (400) - - - USE OF MONEY&PROPRTY - - (67) - - - OTHER REVENUE (593,251) (652,028) (521,540) (576,941) (567,110) -2% OPER XFERS IN - (603,714) (553,512) (562,101) - -100% REVENUE (593,251) (1,255,742) (1,075,520) (1,139,042) (567,110) -50% SALARIES AND WAGES 139,574 103,364 192,628 146,633 130,042 -11% PYRLL/FRINGE BENEFIT 83,675 96,681 129,524 133,642 26,549 -80% PROF & ADMIN 57,446 7,965 18,820 29,462 28,956 -2% OTHER OPERATING (1,268) 2,261 - 1,600 1,909 19% UTILITIES 889 915 909 801 801 0% COST POOL 207,103 207,649 190,355 207,649 123,459 -41% OPER XFERS OUT - - 10,000 - - - EXPENDITURE 487,418 418,835 542,236 519,787 311,716 -40% 1201 CDBG
USE OF MONEY&PROPRTY (28,880) (38,825) (4,684) (21,576) (26,677) 24% INTERGOV FED GRANT (327,123) - - - - - LOAN/BOND PROCEEDS (208,352) (120,299) (135,679) (228,195) (149,898) -34% REVENUE (564,355) (159,124) (140,363) (249,771) (176,575) -29% SALARIES AND WAGES 7,453 3,179 - 5,174 - -100% PYRLL/FRINGE BENEFIT 5,006 2,538 - 3,573 - -100% PROF & ADMIN 9,872 9,375 5,435 11,959 19,772 65% OTHER OPERATING 25 125 9 116 51 -57% COST POOL 25,641 25,641 23,505 25,641 26,923 5% ASSET/CAPITAL OUTLAY - - - 82,350 - -100% CDBG/HOME/HSG PROJ 619,490 22,117 243,759 889,533 935,000 5% EXPENDITURE 667,487 62,975 272,708 1,018,346 981,745 -4% 1202 HOME PROGRAM
USE OF MONEY&PROPRTY (23,611) (22,283) (1,235) (3,153) (3,689) 17% LOAN/BOND PROCEEDS - (1,815) - - - - REVENUE (23,611) (24,098) (1,235) (3,153) (3,689) 17% PROF & ADMIN - - - 162 - -100% OPER XFERS OUT - - 510,000 510,000 - -100% EXPENDITURE - - 510,000 510,162 - -100% 1203 NEIGHBORHOOD STAB(NP)
USE OF MONEY&PROPRTY (766) (145) (2) (144) (144) 0% LOAN/BOND PROCEEDS - - - (15,000) (15,000) 0% OPER XFERS IN - - (10,000) - - - REVENUE (766) (145) (10,002) (15,144) (15,144) 0% SALARIES AND WAGES 11,797 23,729 - 23,794 2,373 -90% PYRLL/FRINGE BENEFIT 6,646 11,847 - 13,422 1,320 -90% PROF & ADMIN 260 - 12,539 4,775 9,500 99% EXPENDITURE 18,704 35,576 12,539 41,991 13,193 -69%

City of Richmond
Non-General Fund by Character
Attachment 4
FY2019-20 FY2020-21 FY2021-22 FY2021-22 FY2022-23 PCT
ACTUALS ACTUALS ACTUALS REV. BUDGET DRAFT BUDGET CHANGE 1205 EMPLOYMENT & TRAINING
LICENSES,PRMITS&FEES - - - (169,536) - -100% CHARGES FOR SERVICES (24,000) - - (24,000) - -100% OTHER REVENUE (63,411) (75,021) (312) (151,738) - -100% RENTAL INCOME (1,800) - - - - - INTERGOV FED GRANT (1,899,298) (2,344,449) (754,336) (3,392,807) (3,284,752) -3% INTERGOV STATE GRANT (836,096) (362,141) (606,567) (1,312,500) (1,186,601) -10% INTERGOV OTHER GRANT (550,000) (500,000) (39,314) (1,999,227) (2,173,978) 9% OPER XFERS IN (1,425,197) (1,495,705) (902,299) (3,425,705) (3,276,301) -4% REVENUE (4,799,802) (4,777,316) (2,302,828) (10,475,513) (9,921,632) -5% SALARIES AND WAGES 1,254,561 1,258,627 1,302,827 1,800,598 1,854,199 3% PYRLL/FRINGE BENEFIT 974,925 1,040,679 911,404 1,519,767 1,468,764 -3% PROF & ADMIN 17,411 6,020 18,752 6,200 7,300 18% OTHER OPERATING 183,924 199,123 166,602 182,807 197,480 8% UTILITIES 10,654 12,350 8,073 13,000 9,000 -31% EQPT & CONTRACT SVCS 132,409 411,072 177,236 618,782 568,879 -8% COST POOL 518,997 493,408 498,136 543,408 693,079 28% ASSET/CAPITAL OUTLAY 57 - 4,201 100,000 100,000 0% GRANT EXPENDITURES 1,167,664 1,271,809 733,530 5,269,377 4,772,532 -9% EMPLMT & TRNG ALLOC (0) (14,750) (5,401) 626,496 - -100% EXPENDITURE 4,260,601 4,678,338 3,815,361 10,680,435 9,671,233 -9% 1207 COR-NEIGHBORHOOD STAB(CITY)
PROC FR SLE PROP - - - (106,036) (133,664) 26% REVENUE - - - (106,036) (133,664) 26% OTHER OPERATING 1,716 13,629 3,458 6,753 6,753 0% CDBG/HOME/HSG PROJ - 1,445 - - - - EXPENDITURE 1,716 15,073 3,458 6,753 6,753 0% 1208 COR-SUCCESSOR HOUSING AGENCY
USE OF MONEY&PROPRTY (334,035) (109,239) (93,006) (147,919) (30,823) -79% OTHER REVENUE (62,097) (13,565) (68,112) (52,101) (51,541) -1% PROC FR SLE PROP - - (58,528) - - - LOAN/BOND PROCEEDS (76,216) - (50,680) (63,291) (83,480) 32% REVENUE (472,348) (122,805) (270,326) (263,311) (165,844) -37% SALARIES AND WAGES 165,785 123,406 - 75,273 114,672 52% PYRLL/FRINGE BENEFIT 101,551 89,585 - 46,712 73,563 57% PROF & ADMIN - 6,213 - 200 200 0% CDBG/HOME/HSG PROJ - - - 1,000,000 1,000,000 0% OPER XFERS OUT - 603,714 43,512 52,101 - -100% EXPENDITURE 267,337 822,917 43,512 1,174,286 1,188,435 1% 1209 CAL-HOME GRANT FUND
USE OF MONEY&PROPRTY (41,664) (9,642) (14,839) (660) (1,000) 52% LOAN/BOND PROCEEDS (213,317) (77,970) (100,806) (71,375) (63,142) -12% REVENUE (254,981) (87,612) (115,645) (72,035) (64,142) -11% SALARIES AND WAGES - 13,318 - - - - PYRLL/FRINGE BENEFIT - 11,503 - - - - PROF & ADMIN - 856 433 200 333 67% EXPENDITURE - 25,677 433 200 333 67% 1301 COR-HSNG/RENTAL ASSISTANCE PRM
INTERGOV STATE GRANT - - - (500,000) - -100% REVENUE - - - (500,000) - -100% CDBG/HOME/HSG PROJ - - - 500,000 - -100% EXPENDITURE - - - 500,000 - -100%

City of Richmond
Non-General Fund by Character
Attachment 4
FY2019-20 FY2020-21 FY2021-22 FY2021-22 FY2022-23 PCT
ACTUALS ACTUALS ACTUALS REV. BUDGET DRAFT BUDGET CHANGE 1302 HOUSNG IN LIEU FEE - DEVELOPER
LICENSES,PRMITS&FEES (803,055) (665,999) (16,752) (668,221) (568,000) -15% USE OF MONEY&PROPRTY (26,779) (11,195) (5,922) (18,665) (566) -97% REVENUE (829,834) (677,194) (22,674) (686,887) (568,566) -17% SALARIES AND WAGES - 35,594 - 35,691 98,803 177% PYRLL/FRINGE BENEFIT - 17,771 - 20,132 62,022 208% PROF & ADMIN 15,801 - 272,222 293,180 15,300 -95% ASSET/CAPITAL OUTLAY - - - 1,150,000 1,150,000 0% CDBG/HOME/HSG PROJ - - - 850,000 850,000 0% OPER XFERS OUT - - - 480,000 480,000 0% EXPENDITURE 15,801 53,364 272,222 2,829,004 2,656,125 -6% 1303 KIDS FIRST INITIATIVE
USE OF MONEY&PROPRTY (3,999) (1,701) (1,490) - - - OPER XFERS IN (700,000) - (1,500,000) (1,800,000) (3,760,000) 109% REVENUE (703,999) (1,701) (1,501,490) (1,800,000) (3,760,000) 109% SALARIES AND WAGES 166,151 123,660 20,795 85,199 172,050 102% PYRLL/FRINGE BENEFIT 104,281 94,535 17,500 62,285 169,034 171% PROF & ADMIN 67,725 110,575 565,758 1,558,173 3,623,000 133% OTHER OPERATING 1,617 358 402 14,000 14,000 0% EXPENDITURE 339,774 329,128 604,455 1,719,657 3,978,084 131% 1304 EMERGENCY OPE & DISASTR RECVRY
USE OF MONEY&PROPRTY - (454) - - - - INTERGOV FED GRANT - (1,725,017) (92,885) - - - OPER XFERS IN - - (165,111) - - - REVENUE - (1,725,471) (257,996) - - - PYRLL/FRINGE BENEFIT 108,788 294,117 41,786 - - - PROF & ADMIN 528,649 309,332 - - - - OTHER OPERATING 148,645 210,592 6,029 - - - UTILITIES 967 295 - - - - EQPT & CONTRACT SVCS 26,157 59,047 - - - - ASSET/CAPITAL OUTLAY 111,057 209,126 29 - - - GRANT EXPENDITURES - 207 - - - - EXPENDITURE 924,262 1,082,717 47,844 - - - 1305 PUBLIC ART
LICENSES,PRMITS&FEES - (394,595) (450,353) (79,368) (200,000) 152% USE OF MONEY&PROPRTY - (464) (1,377) - - - OPER XFERS IN - (126,186) - - - - REVENUE - (521,245) (451,730) (79,368) (200,000) 152% PROF & ADMIN - - 70,810 279,368 321,000 15% EXPENDITURE - - 70,810 279,368 321,000 15% 1306 AMERICAN RESCUE PLAN ACT
USE OF MONEY&PROPRTY - - (22,736) - - - INTERGOV FED GRANT - - (13,870,362) - - - REVENUE - - (13,893,098) - - - PROF & ADMIN - - 23,379 1,550,000 950,000 -39% ASSET/CAPITAL OUTLAY - - 35,275 3,000,000 1,820,400 -39% EXPENDITURE - - 58,654 4,550,000 2,770,400 -39% 2001 GENERAL CAPITAL FUND
USE OF MONEY&PROPRTY (1,129) (22) (40) - - - OTHER REVENUE (200,000) - (28,000) - - - OPER XFERS IN (650,000) (303,275) - (1,520,000) - -100% REVENUE (851,129) (303,297) (28,040) (1,520,000) - -100% PROF & ADMIN 1,853 - - - - - EQPT & CONTRACT SVCS 9,989 - - - - - ASSET/CAPITAL OUTLAY 939,126 839,634 539,415 3,711,904 3,061,487 -18% EXPENDITURE 950,968 839,634 539,415 3,711,904 3,061,487 -18%

City of Richmond
Non-General Fund by Character
Attachment 4
FY2019-20 FY2020-21 FY2021-22 FY2021-22 FY2022-23 PCT
ACTUALS ACTUALS ACTUALS REV. BUDGET DRAFT BUDGET CHANGE 2002 MEASURE J
USE OF MONEY&PROPRTY (14,044) (3,522) (1,294) - - - INTERGOV OTHER GRANT (1,735,189) (1,657,713) (193,996) (4,446,194) (3,015,778) -32% REVENUE (1,749,233) (1,661,235) (195,291) (4,446,194) (3,015,778) -32% PROF & ADMIN 140,000 146,240 140,000 140,000 200,000 43% EQPT & CONTRACT SVCS 122,389 49,128 18,841 160,208 150,230 -6% ASSET/CAPITAL OUTLAY 2,294,266 1,506,253 1,407,743 5,620,315 3,436,717 -39% EXPENDITURE 2,556,654 1,701,621 1,566,584 5,920,523 3,786,947 -36% 2007 HARBOR FUND
USE OF MONEY&PROPRTY (662) (195) (95) - - - REVENUE (662) (195) (95) - - - 2110 IMPACT FEE - PARKS
LICENSES,PRMITS&FEES (26,352) (59,220) (3,888) (2,160) - -100% USE OF MONEY&PROPRTY (1,718) (547) (341) - - - REVENUE (28,070) (59,767) (4,229) (2,160) - -100% PROF & ADMIN 791 1,777 - - - - ASSET/CAPITAL OUTLAY 20,260 15,000 15,000 15,000 15,000 0% EXPENDITURE 21,051 16,777 15,000 15,000 15,000 0% 2111 IMPACT FEE - TRAFFIC
LICENSES,PRMITS&FEES (221,218) (629,841) (274,409) (227,990) - -100% USE OF MONEY&PROPRTY (15,243) (3,717) (2,340) - - - OTHER REVENUE (0) - - - - - REVENUE (236,460) (633,558) (276,749) (227,990) - -100% PROF & ADMIN 6,637 18,895 - - - - EQPT & CONTRACT SVCS 138,139 157,241 47,009 84,000 57,419 -32% ASSET/CAPITAL OUTLAY 299,564 142,235 297,817 641,498 206,220 -68% EXPENDITURE 444,339 318,372 344,826 725,498 263,639 -64% 2113 IMPACT FEE - FIRE
LICENSES,PRMITS&FEES (23,442) (54,797) (31,547) (27,634) - -100% USE OF MONEY&PROPRTY (3,327) (684) (360) - - - REVENUE (26,769) (55,481) (31,908) (27,634) - -100% PROF & ADMIN 25,018 9,624 - - - - OTHER OPERATING 58,247 65,013 9,649 126,762 117,383 -7% EXPENDITURE 83,265 74,637 9,649 126,762 117,383 -7% 2114 IMPACT FEE - POLICE
LICENSES,PRMITS&FEES (23,685) (159,818) (156,379) (152,496) - -100% USE OF MONEY&PROPRTY (3,769) (1,342) (1,068) - - - REVENUE (27,454) (161,160) (157,447) (152,496) - -100% PROF & ADMIN 711 4,795 - - - - EQPT & CONTRACT SVCS - - - 41,000 - -100% EXPENDITURE 711 4,795 - 41,000 - -100% 2115 IMPACT FEE - COMM/AQUATC
LICENSES,PRMITS&FEES (82,325) (220,558) (16,867) (10,527) - -100% USE OF MONEY&PROPRTY (8,046) (2,202) (1,071) - - - REVENUE (90,371) (222,760) (17,938) (10,527) - -100% PROF & ADMIN 8,867 6,617 - - - - EQPT & CONTRACT SVCS - 15,135 - 4,865 - -100% ASSET/CAPITAL OUTLAY 96,884 229,868 9,900 208,917 - -100% EXPENDITURE 105,751 251,620 9,900 213,782 - -100% 2116 IMPACT FEE - PARKS/OPEN
LICENSES,PRMITS&FEES (343,270) (1,158,109) (75,435) (43,899) - -100% USE OF MONEY&PROPRTY (23,321) (8,501) (6,089) - - - REVENUE (366,591) (1,166,610) (81,524) (43,899) - -100% PROF & ADMIN 67,033 34,743 - - - - ASSET/CAPITAL OUTLAY - - - 373,264 373,264 0% EXPENDITURE 67,033 34,743 - 373,264 373,264 0%

City of Richmond
Non-General Fund by Character
Attachment 4
FY2019-20 FY2020-21 FY2021-22 FY2021-22 FY2022-23 PCT
ACTUALS ACTUALS ACTUALS REV. BUDGET DRAFT BUDGET CHANGE 2117 IMPACT FEE - LIBRARY
LICENSES,PRMITS&FEES (114,017) (288,913) (45,467) (36,302) - -100% USE OF MONEY&PROPRTY (18,687) (6,019) (3,438) - - - REVENUE (132,704) (294,932) (48,905) (36,302) - -100% PROF & ADMIN 3,421 8,667 - 231,400 55,000 -76% ASSET/CAPITAL OUTLAY 2,732 4,542 2,609 291,934 414,295 42% EXPENDITURE 6,152 13,210 2,609 523,334 469,295 -10% 2118 IMPACT FEE - HILLTOP
USE OF MONEY&PROPRTY (460) (135) (66) - - - REVENUE (460) (135) (66) - - - 2119 IMPACT FEE - STORM DRAINAGE
LICENSES,PRMITS&FEES (51,701) (154,376) (119,768) (109,195) - -100% USE OF MONEY&PROPRTY (11,088) (2,565) (1,564) - - - REVENUE (62,789) (156,941) (121,331) (109,195) - -100% PROF & ADMIN 1,551 37,964 - - - - ASSET/CAPITAL OUTLAY 278,377 - - - - - EXPENDITURE 279,928 37,964 - - - - 2120 IMPACT FEE - WASTEWATER
LICENSES,PRMITS&FEES (202,688) (511,878) (202,890) (173,118) - -100% USE OF MONEY&PROPRTY (32,771) (9,952) (5,311) - - - REVENUE (235,458) (521,829) (208,201) (173,118) - -100% PROF & ADMIN 6,081 15,356 - - - - ASSET/CAPITAL OUTLAY 162,078 409,392 347,861 1,946,212 794,130 -59% EXPENDITURE 168,159 424,748 347,861 1,946,212 794,130 -59% 2125 IRON TRIANGLE/EPA PROGRAM
USE OF MONEY&PROPRTY (6,628) (1,664) (599) (8,069) (250) -97% INTERGOV FED GRANT (131,150) (81,955) - (300,000) (300,000) 0% REVENUE (137,778) (83,619) (599) (308,069) (300,250) -3% SALARIES AND WAGES - 17,797 - 17,846 - -100% PYRLL/FRINGE BENEFIT - 8,885 - 10,066 - -100% PROF & ADMIN 861 - - - - - CDBG/HOME/HSG PROJ 214,290 181,653 - 650,031 300,000 -54% EXPENDITURE 215,150 208,335 - 677,943 300,000 -56% 2126 HOUSING CIP FUND
INTERGOV STATE GRANT (170,796) (1,497,887) - (166,432) (166,432) 0% REVENUE (170,796) (1,497,887) - (166,432) (166,432) 0% ASSET/CAPITAL OUTLAY 207,026 - - - - - EXPENDITURE 207,026 - - - - - 3001 DS - 2005 TAXABLE POB
PROPERTY TAXES (11,968,145) (12,124,486) (12,659,853) (12,659,853) (13,052,125) 3% USE OF MONEY&PROPRTY (93,435) (3,281) (1,405) - - - REVENUE (12,061,579) (12,127,767) (12,661,259) (12,659,853) (13,052,125) 3% DEBT SVC EXPENDITURE 11,151,844 11,601,869 11,428,307 13,862,146 13,052,125 -6% EXPENDITURE 11,151,844 11,601,869 11,428,307 13,862,146 13,052,125 -6% 3002 DS - 99A PENSION OBLIG BOND
USE OF MONEY&PROPRTY (2,094) (208) (369) - - - OPER XFERS IN (1,245,925) (1,092,338) (1,092,338) (1,092,338) (809,523) -26% REVENUE (1,248,019) (1,092,546) (1,092,707) (1,092,338) (809,523) -26% DEBT SVC EXPENDITURE 1,245,291 1,091,687 949,711 949,396 809,023 -15% EXPENDITURE 1,245,291 1,091,687 949,711 949,396 809,023 -15%

City of Richmond
Non-General Fund by Character
Attachment 4
FY2019-20 FY2020-21 FY2021-22 FY2021-22 FY2022-23 PCT
ACTUALS ACTUALS ACTUALS REV. BUDGET DRAFT BUDGET CHANGE 3005 DS - 07 REFNDING&CVC CTR
USE OF MONEY&PROPRTY (15,152) (2,612) (1,324) - - - CHARGES FOR SERVICES (5,332,740) (5,696,151) (5,100,990) (5,445,541) (5,349,070) -2% LOAN/BOND PROCEEDS (79,171,752) - - - - - OPER XFERS IN (2,587,104) (2,406,458) (2,005,382) (2,406,458) (1,418,372) -41% REVENUE (87,106,747) (8,105,221) (7,107,696) (7,851,999) (6,767,442) -14% DEBT SVC EXPENDITURE 86,843,474 7,726,982 5,630,168 7,725,100 7,750,938 0% EXPENDITURE 86,843,474 7,726,982 5,630,168 7,725,100 7,750,938 0% 4001 PORT OF RICHMOND
LICENSES,PRMITS&FEES (2,107) - - - - - USE OF MONEY&PROPRTY (57,222) (3,719) (8,562) - - - OTHER REVENUE (3,309) (94,215) (38) (38) - -100% RENTAL INCOME (10,448,645) (10,609,809) (4,056,302) (10,370,957) (10,348,460) 0% REVENUE (10,511,283) (10,707,742) (4,064,902) (10,370,995) (10,348,460) 0% SALARIES AND WAGES 322,896 355,161 190,044 463,373 466,228 1% PYRLL/FRINGE BENEFIT 162,134 94,369 116,292 314,194 267,431 -15% PROF & ADMIN 849,849 696,249 486,200 1,352,773 953,121 -30% OTHER OPERATING 445,591 93,400 6,476 12,200 12,200 0% UTILITIES 406,741 369,373 312,076 363,500 359,600 -1% EQPT & CONTRACT SVCS 212,832 11,859 8,370 49,000 49,000 0% PROVISN FOR INS LOSS 28,448 32,363 38,080 38,080 40,000 5% COST POOL 470,286 453,488 415,711 453,488 476,163 5% ASSET/CAPITAL OUTLAY 3,570,911 3,826,532 502,131 844,000 1,250,000 48% DEBT SVC EXPENDITURE 1,275,087 330,437 296,018 4,686,500 4,690,700 0% EXPENDITURE 7,744,775 6,263,231 2,371,399 8,577,108 8,564,443 0% 4003 WASTEWATER
LICENSES,PRMITS&FEES (223,053) (458,506) (125,437) (52,515) (36,000) -31% FINES & FORFEITURES (250) (15,000) (750) (2,000) (2,000) 0% USE OF MONEY&PROPRTY (655,312) (120,417) (69,481) (34,314) - -100% CHARGES FOR SERVICES (25,700,439) (27,285,969) (26,566,577) (27,180,006) (26,905,520) -1% OTHER REVENUE (2,010,942) - - - - - REVENUE (28,589,997) (27,879,892) (26,762,245) (27,268,835) (46,943,520) 72% SALARIES AND WAGES 977,498 938,023 802,869 1,270,794 1,217,321 -4% PYRLL/FRINGE BENEFIT 446,595 313,895 484,708 814,706 735,167 -10% PROF & ADMIN 8,454,598 7,832,680 5,580,561 9,556,730 10,251,945 7% OTHER OPERATING 246,906 265,980 9,001 331,391 346,346 5% UTILITIES 1,111,972 965,508 903,166 1,306,183 1,308,323 0% EQPT & CONTRACT SVCS 803,993 890,568 197,617 627,350 415,000 -34% COST POOL 729,457 774,869 710,308 774,869 955,041 23% ASSET/CAPITAL OUTLAY 3,976,802 3,539,271 22,908,824 63,757,831 36,310,185 -43% DEBT SVC EXPENDITURE 4,697,711 4,932,681 7,991,889 7,993,100 7,979,500 0% EXPENDITURE 21,445,532 20,453,474 39,588,944 86,432,953 59,518,828 -31% 4005 MARINA
USE OF MONEY&PROPRTY (54,128) (18,789) (7,062) - - - RENTAL INCOME (564,988) (574,453) (414,278) (450,000) - -100% REVENUE (619,116) (593,242) (421,340) (450,000) - -100% PROF & ADMIN 45,997 36,304 - 946,161 929,161 -2% ASSET/CAPITAL OUTLAY 85,563 85,563 - - - - DEBT SVC EXPENDITURE 109,885 105,523 206,815 206,815 206,815 0% OPER XFERS OUT 86,778 86,778 72,316 86,778 86,778 0% EXPENDITURE 328,224 314,169 279,131 1,239,754 1,222,754 -1%

City of Richmond
Non-General Fund by Character
Attachment 4
FY2019-20 FY2020-21 FY2021-22 FY2021-22 FY2022-23 PCT
ACTUALS ACTUALS ACTUALS REV. BUDGET DRAFT BUDGET CHANGE 4006 STORMWATER
LICENSES,PRMITS&FEES (67,922) (78,168) (41,540) (75,000) (75,000) 0% FINES & FORFEITURES (6,565) (1,500) (6,078) (2,000) - -100% USE OF MONEY&PROPRTY - - (1,350) - - - CHARGES FOR SERVICES (2,007,622) (2,019,016) (1,902,555) (1,930,296) (1,930,296) 0% RENTAL INCOME (5,452) (5,243) (4,530) (4,380) (4,380) 0% INTERGOV STATE GRANT (685,770) (1,722,930) - - - - REVENUE (2,773,331) (3,826,858) (1,956,052) (2,011,676) (2,009,676) 0% SALARIES AND WAGES 100,477 106,261 23,924 131,986 109,720 -17% PYRLL/FRINGE BENEFIT 49,122 28,399 19,257 76,566 75,532 -1% PROF & ADMIN 1,570,567 1,412,246 788,959 1,592,967 1,678,806 5% OTHER OPERATING 224 334 3 3,500 2,500 -29% UTILITIES 16,958 17,938 14,275 41,250 41,250 0% EQPT & CONTRACT SVCS - - - 58,000 - -100% COST POOL 109,426 113,004 103,590 113,004 118,654 5% ASSET/CAPITAL OUTLAY 45,088 45,088 - 591,867 - -100% DEBT SVC EXPENDITURE 73,491 73,150 - - - - EXPENDITURE 1,965,354 1,796,420 950,009 2,609,140 2,026,462 -22% 4008 KCRT - CABLE TELEVIS
LICENSES,PRMITS&FEES (1,203,812) (1,145,386) (845,457) (1,250,000) (1,250,000) 0% USE OF MONEY&PROPRTY (3,001) (2,310) (1,499) - - - CHARGES FOR SERVICES (25) (500) (65) - - - OTHER REVENUE - (50) - - - - REVENUE (1,206,838) (1,148,246) (847,021) (1,250,000) (1,250,000) 0% SALARIES AND WAGES 305,141 383,419 403,175 510,869 455,280 -11% PYRLL/FRINGE BENEFIT 119,274 152,668 281,917 226,401 341,715 51% PROF & ADMIN 26,024 26,048 27,024 38,800 58,800 52% OTHER OPERATING 27,940 23,329 19,296 37,721 37,721 0% UTILITIES 3,677 3,970 3,274 5,727 5,727 0% PROVISN FOR INS LOSS 500 575 604 604 604 0% COST POOL 187,340 196,025 179,696 196,025 255,827 31% ASSET/CAPITAL OUTLAY 1,893 2,921 21,092 220,000 120,000 -45% EXPENDITURE 671,789 788,955 936,077 1,236,147 1,275,674 3% 4101 RHA-HSNG CHOICE VOUCHER-SEC 8
OPER XFERS IN - (1,644,361) (2,766,180) - - - REVENUE - (1,644,361) (2,766,180) - - - PYRLL/FRINGE BENEFIT 2,602,963 (142,635) - - - - PROF & ADMIN - 18,408 - - - - OTHER OPERATING - 783 808 - - - EXPENDITURE 2,602,963 (123,444) 808 - - - 4102 RHA-HOPE 6
OPER XFERS IN - (890,178) - - - - REVENUE - (890,178) - - - - PYRLL/FRINGE BENEFIT (26,901) - - - - - PROF & ADMIN 30,000 38,490 - - - - EXPENDITURE 3,099 38,490 - - - - 4103 RHA-PROJECT REAL
OPER XFERS IN - (7,013) - - - - REVENUE - (7,013) - - - -

City of Richmond
Non-General Fund by Character
Attachment 4
FY2019-20 FY2020-21 FY2021-22 FY2021-22 FY2022-23 PCT
ACTUALS ACTUALS ACTUALS REV. BUDGET DRAFT BUDGET CHANGE 4201 RHA-CAPITAL FUND
INTERGOV FED GRANT (1,705,147) (388,682) - (1,175,958) (1,110,141) -6% OPER XFERS IN - (370,019) - - - - REVENUE (1,705,147) (758,701) - (1,175,958) (1,110,141) -6% PROF & ADMIN 15,600 228,645 124,328 254,000 - -100% OTHER OPERATING - 9,331 30 13,855 20,000 44% EQPT & CONTRACT SVCS - 23,585 6,473 60,000 - -100% ASSET/CAPITAL OUTLAY 1,159,173 127,121 6,900 340,133 344,626 1% GRANT EXPENDITURES - - 13,500 213,980 467,980 119% OPER XFERS OUT 243,558 - - 293,990 277,535 -6% EXPENDITURE 1,418,331 388,682 151,231 1,175,958 1,110,141 -6% 4401 RHA-HACIENDA
OTHER REVENUE (114,587) (225,940) - - - - OPER XFERS IN - (1,395,026) - - - - REVENUE (114,587) (1,620,966) - - - - SALARIES AND WAGES - - 5,114 - - - PYRLL/FRINGE BENEFIT 334 31 3,019 - - - PROF & ADMIN 196,224 241,063 - - - - OTHER OPERATING 10,109 2,773 - - - - UTILITIES 18,725 15,694 - - - - EQPT & CONTRACT SVCS 95,076 35,127 - - - - PROVISN FOR INS LOSS - 61,950 - - - - EXPENDITURE 320,468 356,638 8,132 - - - 4402 RHA-FRIENDSHIP MANOR
INTERGOV FED GRANT (264) - - - - - OPER XFERS IN - (61,865) - - - - REVENUE (264) (61,865) - - - - 4403 RHA-TRIANGLE COURT
INTERGOV FED GRANT (487) - - - - - OPER XFERS IN - (118,628) - - - - REVENUE (487) (118,628) - - - - 4404 RHA-NEVIN PLAZA
USE OF MONEY&PROPRTY (613) (561) (255) - - - OTHER REVENUE (77,101) (167,013) (34,604) (5,856) (6,000) 2% RENTAL INCOME (382,629) (280,645) (281,627) (371,000) (400,000) 8% INTERGOV FED GRANT (646,626) (683,513) (650,728) (700,000) (635,243) -9% OPER XFERS IN (243,558) (3,040,057) - (475,976) (1,065,910) 124% REVENUE (1,350,527) (4,171,790) (967,215) (1,552,832) (2,107,153) 36% SALARIES AND WAGES 229,589 122,524 184,257 22,565 352,223 1461% PYRLL/FRINGE BENEFIT (1,996,370) (21,813) 97,110 45,000 261,371 481% PROF & ADMIN 1,328,030 960,501 545,718 918,824 655,308 -29% OTHER OPERATING 74,257 79,813 45,802 80,843 80,445 0% UTILITIES 426,739 471,077 518,044 376,000 530,108 41% EQPT & CONTRACT SVCS 112,501 59,809 53,998 85,300 74,700 -12% PROVISN FOR INS LOSS 101,955 28,426 22,405 24,300 38,120 57% COST POOL 329,853 - - - 78,878 - ASSET/CAPITAL OUTLAY - - - - 36,000 - GRANT EXPENDITURES 456 - - - - - OPER XFERS OUT - - 1,383,090 - - - EXPENDITURE 607,010 1,700,336 2,850,423 1,552,832 2,107,153 36%

City of Richmond
Non-General Fund by Character
Attachment 4
FY2019-20 FY2020-21 FY2021-22 FY2021-22 FY2022-23 PCT
ACTUALS ACTUALS ACTUALS REV. BUDGET DRAFT BUDGET CHANGE 4405 RHA-NYSTROM VILLAGE
USE OF MONEY&PROPRTY (43) - - - - - OTHER REVENUE (43,894) (41,648) (23,036) - (6,000) - RENTAL INCOME (223,108) (146,698) (151,997) (200,000) (250,000) 25% INTERGOV FED GRANT (442,790) (464,705) (454,209) (500,000) (416,629) -17% OPER XFERS IN - (1,366,264) - - (325,926) - REVENUE (709,835) (2,019,314) (629,242) (700,000) (998,555) 43% SALARIES AND WAGES 81,758 104,497 79,696 40,398 226,752 461% PYRLL/FRINGE BENEFIT (2,138,273) (7,488) 50,787 46,114 188,142 308% PROF & ADMIN 338,355 212,086 109,086 212,978 113,328 -47% OTHER OPERATING 76,386 40,048 12,547 54,860 50,630 -8% UTILITIES 210,317 179,466 204,644 177,700 195,100 10% EQPT & CONTRACT SVCS 62,975 106,684 82,575 151,750 134,000 -12% PROVISN FOR INS LOSS 9,041 18,951 14,936 16,200 25,420 57% COST POOL 271,723 - - - 41,183 - ASSET/CAPITAL OUTLAY - - - - 24,000 - GRANT EXPENDITURES 456 - - - - - OPER XFERS OUT - - 1,383,090 - - - EXPENDITURE (1,087,262) 654,243 1,937,362 700,000 998,555 43% 4406 RHA-RICHMOND VILLAGE ONE
INTERGOV FED GRANT (264,446) (223,943) (226,991) (248,684) (233,080) -6% REVENUE (264,446) (223,943) (226,991) (248,684) (233,080) -6% SALARIES AND WAGES - - 2,877 - - - PYRLL/FRINGE BENEFIT - - 1,385 - - - GRANT EXPENDITURES 362,812 249,915 226,991 248,684 233,080 -6% OPER XFERS OUT - 28,063 - - - - EXPENDITURE 362,812 277,978 231,254 248,684 233,080 -6% 4407 RHA-RICHMOND VILLAGE TWO
INTERGOV FED GRANT (166,939) (187,359) (193,310) (219,283) (205,818) -6% REVENUE (166,939) (187,359) (193,310) (219,283) (205,818) -6% GRANT EXPENDITURES 223,727 212,381 193,310 219,283 205,818 -6% OPER XFERS OUT - 25,172 - - - - EXPENDITURE 223,727 237,553 193,310 219,283 205,818 -6% 4408 RHA-RICHMOND VILLAGE THREE
INTERGOV FED GRANT (115,322) (100,542) (84,318) (87,977) (78,516) -11% REVENUE (115,322) (100,542) (84,318) (87,977) (78,516) -11% GRANT EXPENDITURES 150,514 120,209 84,318 87,977 78,516 -11% OPER XFERS OUT - 15,028 - - - - EXPENDITURE 150,514 135,237 84,318 87,977 78,516 -11% 4409 RHA-LOCAL FUND
OPER XFERS IN - (6,156) - - - - REVENUE - (6,156) - - - - 4501 RHA-CENTRAL OFFICE COST CNTR
USE OF MONEY&PROPRTY - (14) (10) - - - OTHER REVENUE - - (179,976) (190,000) - -100% OPER XFERS IN - (2,535,461) - (588,386) (147,488) -75% REVENUE - (2,535,475) (179,987) (778,386) (147,488) -81% SALARIES AND WAGES (2,345) 350 77,295 418,896 38,255 -91% PYRLL/FRINGE BENEFIT 1,478,928 3,360 107,403 359,490 88,859 -75% PROF & ADMIN - 520 373 - - - OTHER OPERATING - - 2,579 - - - UTILITIES - 5,923 7,188 - - - COST POOL - - - - 20,374 - EXPENDITURE 1,476,583 10,153 194,838 778,386 147,488 -81%

City of Richmond
Non-General Fund by Character
Attachment 4
FY2019-20 FY2020-21 FY2021-22 FY2021-22 FY2022-23 PCT
ACTUALS ACTUALS ACTUALS REV. BUDGET DRAFT BUDGET CHANGE 4502 RHA-HOUSING CORPORATION
OTHER REVENUE - - (73,531) - - - REVENUE - - (73,531) - - - PROF & ADMIN - - 20 - - - OTHER OPERATING 1,430 50 - - - - EXPENDITURE 1,430 50 20 - - - 5001 INSURANCE RESERVES
USE OF MONEY&PROPRTY (732,648) (285,258) (101,627) - - - CHARGES FOR SERVICES (16,856,453) (17,808,499) (15,191,568) (18,022,436) (19,184,635) 6% OTHER REVENUE (845,630) (177,765) (316,507) - - - INTERGOV STATE GRANT - (1,292,953) (3,927,001) (8,330,539) - -100% REVENUE (18,434,731) (19,564,474) (19,536,703) (26,352,975) (19,184,635) -27% SALARIES AND WAGES 1,240,978 1,003,940 592,210 877,264 440,821 -50% PYRLL/FRINGE BENEFIT 488,715 313,279 348,065 569,995 277,752 -51% PROF & ADMIN 468,693 578,846 592,516 1,110,699 1,027,700 -7% OTHER OPERATING 40,249 9,243 5,143 45,000 50,500 12% PROVISN FOR INS LOSS 9,378,035 13,476,986 12,580,729 20,371,890 16,740,502 -18% COST POOL 508,992 510,267 467,762 510,267 533,987 5% ASSET/CAPITAL OUTLAY 326,797 1,756,589 6,732,381 12,022,969 7,000 -100% EXPENDITURE 12,452,459 17,649,149 21,318,806 35,508,084 19,078,262 -46% 5003 EQUIPMENT SERVICES
USE OF MONEY&PROPRTY (21,532) (4,249) (2,175) - - - CHARGES FOR SERVICES (2,055,000) (1,245,000) (2,214,666) (2,416,000) (5,120,000) 112% OPER XFERS IN (676,018) (426,018) (500,844) (601,018) (426,018) -29% REVENUE (2,752,550) (1,675,267) (2,717,685) (3,017,018) (5,546,018) 84% ASSET/CAPITAL OUTLAY 1,919,676 1,009,726 186,440 3,133,390 5,766,000 84% DEBT SVC EXPENDITURE 92,315 82,498 326,018 326,018 326,018 0% EXPENDITURE 2,011,992 1,092,224 512,459 3,459,409 6,092,018 76% 5005 CAD DISPATCH SYSTEM
CHARGES FOR SERVICES (770,351) - - - - - OTHER REVENUE (566,452) - - - - - OPER XFERS IN (3,311,646) - - - - - X-ORDNRY/SPC-XFER IN - (106,025) - - - - REVENUE (4,648,448) (106,025) - - - - SALARIES AND WAGES 2,160,630 - - - - - PYRLL/FRINGE BENEFIT 1,101,925 - - - - - PROF & ADMIN 36,902 - - - - - OTHER OPERATING 2,036 - - - - - EQPT & CONTRACT SVCS 2,698 - - - - - COST POOL 782,741 - - - - - ASSET/CAPITAL OUTLAY 12,547 - - - - - OPER XFERS OUT 561,517 187,179 - - - - EXPENDITURE 4,660,995 187,179 - - - - 5006 RMS RECORDS SERVICES
CHARGES FOR SERVICES (335) - - - - - OTHER REVENUE (143,274) - - - - - OPER XFERS IN (428,729) - - - - - REVENUE (572,339) - - - - - SALARIES AND WAGES 137,055 - - - - - PYRLL/FRINGE BENEFIT 94,216 - - - - - PROF & ADMIN 140,552 - - - - - COST POOL 57,241 - - - - - OPER XFERS OUT 143,274 9,372 - - - - EXPENDITURE 572,339 9,372 - - - -

City of Richmond
Non-General Fund by Character
Attachment 4
FY2019-20 FY2020-21 FY2021-22 FY2021-22 FY2022-23 PCT
ACTUALS ACTUALS ACTUALS REV. BUDGET DRAFT BUDGET CHANGE 5008 COMPENSATED ABSENCES
OTHER REVENUE (2,600,000) (2,400,000) (2,383,328) (2,600,000) - -100% REVENUE (2,600,000) (2,400,000) (2,383,328) (2,600,000) - -100% SALARIES AND WAGES 2,265,181 2,148,260 2,224,378 2,600,000 - -100% PYRLL/FRINGE BENEFIT 31,832 27,050 32,535 - - - EXPENDITURE 2,297,013 2,175,310 2,256,913 2,600,000 - -100% 6001 GENERAL TRUST & AGENCY
OTHER REVENUE (330) - - - - - REVENUE (330) - - - - - OTHER OPERATING 330 - - - - - EXPENDITURE 330 - - - - - 6004 COMMISSION ON AGING
OTHER REVENUE (14,785) (2,259) (1,728) (30,000) - -100% REVENUE (14,785) (2,259) (1,728) (30,000) - -100% OTHER OPERATING 14,785 2,259 1,728 30,000 - -100% EXPENDITURE 14,785 2,259 1,728 30,000 - -100% 6007 SENIOR TRUST DEPOSIT
OTHER REVENUE (24,167) (10,946) (13,397) (54,000) - -100% REVENUE (24,167) (10,946) (13,397) (54,000) - -100% OTHER OPERATING 24,167 10,946 13,056 54,000 - -100% EXPENDITURE 24,167 10,946 13,056 54,000 - -100% 6047 CERTBT PLAN FUND
USE OF MONEY&PROPRTY (173,174) (937,043) 82,028 - - - OTHER REVENUE (2,236,602) (1,419,817) (300,255) - - - REVENUE (2,409,776) (2,356,860) (218,227) - - - PYRLL/FRINGE BENEFIT 115,961 215,063 - - - - PROF & ADMIN 2,853 4,521 4,230 - - - EXPENDITURE 118,814 219,584 4,230 - - - 6048 OPEB PLAN FUND
USE OF MONEY&PROPRTY (709,908) (6,562,744) 2,897,283 - - - OTHER REVENUE (13,362,559) (10,138,785) (747,719) - - - REVENUE (14,072,468) (16,701,530) 2,149,564 - - - PYRLL/FRINGE BENEFIT 7,753,129 7,011,178 - - - - PROF & ADMIN 89,764 111,868 106,720 - - - EXPENDITURE 7,842,892 7,123,046 106,720 - - - 6049 PT MOLATE PRIVATE-PURPOSE TRST
USE OF MONEY&PROPRTY (14,509) (1,989) (210) - - - REVENUE (14,509) (1,989) (210) - - - GRANT EXPENDITURES 582,578 211,836 255,417 - - - EXPENDITURE 582,578 211,836 255,417 - - - 6050 GENERAL PENSION FUND
USE OF MONEY&PROPRTY (23,723) (5,502) (2,067) - - - OPER XFERS IN (503,714) (319,025) (345,348) (345,348) (152,897) -56% REVENUE (527,437) (324,527) (347,415) (345,348) (152,897) -56% PYRLL/FRINGE BENEFIT 424,760 401,991 316,374 - - - EXPENDITURE 424,760 401,991 316,374 - - - 6051 POLICE & FIRE PENSION
USE OF MONEY&PROPRTY (665,017) (2,599,706) 3,729,771 - - - OPER XFERS IN (937,004) (937,004) - (1,868,008) (934,004) -50% REVENUE (1,602,021) (3,536,710) 3,729,771 (1,868,008) (934,004) -50% PYRLL/FRINGE BENEFIT 1,793,082 1,412,673 941,174 - - - PROF & ADMIN 80,063 72,568 77,258 - - - EXPENDITURE 1,873,145 1,485,241 1,018,431 - - -

City of Richmond
Non-General Fund by Character
Attachment 4
FY2019-20 FY2020-21 FY2021-22 FY2021-22 FY2022-23 PCT
ACTUALS ACTUALS ACTUALS REV. BUDGET DRAFT BUDGET CHANGE 6052 GARFIELD PENSION FUND
USE OF MONEY&PROPRTY (6,913) (1,985) (607) - - - OPER XFERS IN - - (12,408) (12,408) (12,408) 0% REVENUE (6,913) (1,985) (13,015) (12,408) (12,408) 0% PYRLL/FRINGE BENEFIT 49,067 50,048 42,962 - - - EXPENDITURE 49,067 50,048 42,962 - - - 6056 SAN PABLO 854 ASSES
USE OF MONEY&PROPRTY (3,859) (1,135) (555) - - - REVENUE (3,859) (1,135) (555) - - - 6057 HARBOR NAVIGATION IM
USE OF MONEY&PROPRTY (2,603) (766) (374) - - - REVENUE (2,603) (766) (374) - - - 6058 MARINA WESTSHORE DEB
PROPERTY TAXES (288,294) (316,243) (303,000) - - - USE OF MONEY&PROPRTY (9,151) (1,573) (734) - - - REVENUE (297,444) (317,816) (303,734) - - - DEBT SVC EXPENDITURE 318,934 320,509 321,448 - - - EXPENDITURE 318,934 320,509 321,448 - - - 6059 COUNTRY CLUB VISTA
PROPERTY TAXES (885,449) (885,094) (844,981) - - - USE OF MONEY&PROPRTY (13,117) (3,140) (1,331) - - - REVENUE (898,566) (888,234) (846,312) - - - DEBT SVC EXPENDITURE 686,593 684,720 1,588,605 - - - EXPENDITURE 686,593 684,720 1,588,605 - - - 6060 REASSESSMENT DISTRICT 2003-1
USE OF MONEY&PROPRTY (40,425) (7,912) (3,866) - - - OTHER REVENUE (84) - - - - - REVENUE (40,509) (7,912) (3,866) - - - DEBT SVC EXPENDITURE 804,929 - - - - - EXPENDITURE 804,929 - - - - - 9102 CITY OF RICHMOND - GFAAG
ASSET/CAPITAL OUTLAY - 10,428,862 - - - - EXPENDITURE - 10,428,862 - - - - 9999 INVESTMENT FUND
USE OF MONEY&PROPRTY - (339,813) 339,813 - - - REVENUE - (339,813) 339,813 - - - NON GF - REVENUE (257,954,027.15) (186,854,002.94) (133,008,629.43) (188,232,436.05) (192,507,986.21) (11.47) NON GF - EXPENDITURE 227,289,728.97 148,692,426.77 140,944,508.85 294,933,525.46 226,761,542.83 (12.88) NON GF - GRANT TOTAL (30,664,298.18) (38,161,576.17) 7,935,879.42 106,701,089.41 34,253,556.62

City of Richmond
FY2022-23 Draft Budget
Capital Improvement Projects Expenditures by Department DRAFT
EXPENDITURES FY2022-23

CAPITAL PROJECTS

COMMUNITY SERTVICES DEPARTMENT - CIP
FY17-18 NORTH RICHMOND MITIGATION FEE-BEAUTIFICATION 1,037 AMERICANS WITH DISABILITIES ACT (ADA) BOOKER T. ANDERSON (BTA) 485,000 AMERICANS WITH DISABILITIES ACT (ADA) PARCHESTER CENTER 450,000 AUDITORIUM UPGRADES (Main floor lighting, electrical & switch board upgrade, and remove curtains from stage area) 500,000 MLK PARK FIELD TURF 234,000
ARPA/COMMUNITY NEEDS ASSESSMENT 150,000
APRA/MAIN LIBRARY 452,000
ARPA/NEVIN CENTER 450,000
ARPA/RECREATION CENTER 451,000
ARPA/RICHMOND MUSEUM 467,400
DEVELOPING PERSONAL RESOURCES CENTER (DPRC) ROOF REPLACEMENT PROJECT 100,000 RECREATION COMPLEX HVAC 120,000
SHIELDS-REID COMMUNITY CENTER HVAC SYSTEM UPGRADE 127,250 URBAN FORESTRY (PARK MATERIALS & TREES) 123,843
TOTAL - COMMUNITY SERVICES - CIP 4,111,530

FIRE DEPARTMENT - CIP
OTHER OPERATING (PPE AND TURNOUTS REPLACEMENTS) 117,383 FIRE VEHICLES 680,000
FIRE STATION 66 GENDER SPECIFIC RESTROOMS 275,052
TOTAL - FIRE DEPARTMENT - CIP 1,072,435

HOUSING DEPARTMENT - CIP
ARPA/RAPID RESPONSE 800,000
TOTAL - HOUSING - CIP 800,000

INFORMATION TECHNOLOGY DEPARTMENT- CIP
ENGINEERING; (Microwave Transmission & Playback System) 120,000 TOTAL - INFORMATION TECHNOLOGY - CIP 120,000

COMMUNITY SERVICES DEPARTMENT- LIBRARY - CIP
AMERICANS WITH DISABILITIES ACT (ADA) RAMP MAIN LIBRARY STAFF ENTRANCE 30,000 CAP OUTLAY/AUTO EQUIPMENT >5,000 (NEW DELIVERY VAN AND NEW BOOKMOBILE) 140,000 NONCAP ASSET/COMPUTER HARDWARE 68,161
NONCAP ASSET/COMPUTER SOFTWARE <5K 3,500
NONCAP ASSET/FURNITURE <5K 130,000
NONCAP ASSET/OTHER EQUIPMENT 42,634
Attachment 6
1 of 8Page 719 of 1235
City of Richmond
FY2022-23 Draft Budget
Capital Improvement Projects Expenditures by Department DRAFT EXPENDITURES FY2022-23

CAPITAL PROJECTS
Community Services Department - CIP continued
PROFESSIONAL SERVICES (GRANT WRITER & DESIGN CONSULTANT) 55,000 TOTAL - COMMUNITY SERVICES - LIBRARY - CIP 469,295

ONS DEPARTMENT- CIP
CAL VIOLENCE INTERVENTION 565,000
YOUTH REINVESTMENT 335,000
TOTAL ONS DEPARTMENT- CIP 900,000

POLICE DEPARTMENT - CIP
ASSET RECOVERY EQUIPMENT - DOOR BREACH TOOLS 20,000
EDWARD BYRNE JUSTICE GRANT 2019 63,333
EDWARD BYRNE JUSTICE GRANT 2020 60,794
POLICE VEHICLES 660,000
RICHMOND POLICE DEPARTMENT PEER SUPPORT ENHANCEMENT 40,000 SELECTIVE TRAFFIC ENFORCEMENT 235,000
TOTAL - POLICE DEPARTMENT - CIP 1,079,127

PUBLIC WORKS DEPARTMENT - CIP
13TH STREET COMPLETE STREET 793,870
AMERICANS WITH DISABILITIES ACT (ADA), SIDEWALKS, CURBS 330,170 ATP QUICK BUILD CUTTING/HOFFMAN 625,212
ATP QUICK BUILD HARBOUR WAY S. CYCLE TRACK 184,300
BOORMAN PARK REVITALIZATION 3,490,204
BRIDGE PREVENTIVE MAINTENANCE 248,340
BRIDGE PREVENTIVE MAINTENANCE 1,875,803
CARLSON BLVD. CROSSTOWN CONNECTIONS & IMPROVEMENTS 398,410 CORP YARD ROOF-BATHROOM REMODEL AND FUEL SITES UPGRADES 399,000 GREENING THE YELOW BRICK ROAD 351,769
GREENWAY REAHB AND BIKE EDUCATION 127,310
HARBOUR 8 PARK EXTENSION 6,194,260

HARBOUR WA
Y & WRIGHT SECTION 130 1,199,075

HARBOUR WA
Y IMPROVEMENTS 82,500
HILLTOP FIRE STATION FUEL SYSTEM 50,000
I-80 CENTRAL INTERCHANGE PHASE II 2,199,012
JPA SP
ORTS FIELD PARTNERSHIP 15,000
MARTIN LUTHER KING JR. CENTER 267,692
MEMBERSHIP & DUES (WCCTAC & CCTA) 200,000
NATIVE AMERICAN HEALTH CENTER 50,000
Attachment 6
2 of 8Page 720 of 1235
City of Richmond
FY2022-23 Draft Budget
Capital Improvement Projects Expenditures by Department DRAFT EXPENDITURES FY2022-23

CAPITAL PROJECTS
Public Works Department - CIP - continued
OTHER CITY VEHICLES 356,000
OTHER EQUIPMENT 210,000
PARK FUEL SITE UPGRADES 220,000
S. RICHMOND TRANSIT CONNECTIVITY IMPROVEMENT 65,000
SF BAY TRAIL - (PT. RICHMOND TO PT. MOLATE) 1,019,967
SHIMADA PARK RESTROOM 240,790
STREET AUDIT REPORT 4,000
STREET PAVING 2,500,000
STREET PAVING - SB1 - 37TH STREET 300,000
STREET PAVING - SB1 - CASTRO RANCH ROAD 329,168
STREET PAVING - SB1 - CUTTING HARBOUR WAY 706,308
STREET PAVING - SB1 - MARINA WAY 59,861
STREET PAVING - SB1 - RICHMOND PARKWAY 1,000,000
SURFACE DRAINAGE 300,000
TRAFFIC SAFETY IMPROVEMENTS 263,639
YELLOW BRICK ROAD 1,321,900
TOTAL PUBLIC WORKS DEPARTMENT - CIP 27,978,560

PUBLIC WORKS - WASTEWATER - CIP
CCTV TRUCK 515,000
CO-GENERATION 1,461,280
DECHLORINATION SYSTEM REPLACEMENT 3,250,000
DORNAN DRIVE FORCE MAIN 4,000,000
FERRY POINT DORNAN DRIVE PUMP STATION 375,000
FLOOD RISK REDUCTION RHEEM CREEK WATERSHED 1,598,844
GRIT & AERATION (SRF) 20,000,000
KELLER BEACH FEASIBILITY 475,000
MARINA BAY FORCE MAIN EXTENSION 350,000
SANITARY SEWER BRICK MANHOLE REPLACEMENT 791,130
SEISMIC RETROFIT 325,000
SEWERLINE REPLACEMENT 3,325,000
SLUDGE THICKENER 630,061
TOTAL - PUBLIC WORKS - WASTEWATER - CIP 37,096,315

ECONOMIC DEVELOPMENT DEPARTMENT - CIP
BERTH ELECTRIFICATON 750,000
CA ENERGY COMMISSION PHASE II - CONTRA FOR TWO YEAR TERM EMPLOYEE 122,022 PPMT ENVIRONMENTAL COMPLIANCE 100,000
PPMT GENERAL UPGRADES 250,000
RIGGERS LOFT MAINTENANCE 150,000
TOTAL - ECONOMIC DEVELOPMENT - CIP 1,372,022
Attachment 6
3 of 8

City of Richmond
FY2022-23 Draft Budget
Capital Improvement Projects Expenditures by Department DRAFT EXPENDITURES FY2022-23

CAPITAL PROJECTS

TRANSPORTATION DEPARTMENT - CIP
BIKE SHARE - CONTRA FOR STAFF TIME 52,000
CEC PHASE II EV READY 554,949
MTC NYSTROM VILLAGE HUB 261,646
ON DEMAND SHUTTLE 900,000
TOTAL - TRANSPORTATION DEPARTMENT - CIP 1,768,595
GRAND TOTAL EXPENSES - ALL FUNDS 76,767,879
Attachment 6
4 of 8

City of Richmond
FY2022-23 Draft Budget
Capital Improvement Project Expenditures by Fund

EXPENDITURES DRAFT
NON-GENERAL FUND - PROJECT FUNDS FY2022-23
1002 - GAS TAX
BRIDGE PREVENTIVE MAINTENANCE 248,340
GREENWAY REAHB AND BIKE EDUCATION 27,310
STREET AUDIT REPORT 4,000
STREET PAVING 2,500,000
TOTAL - STATE GAS TAX - EXPENSES 2,779,650
1004 - ASSET SEIZURE
ASSET RECOVERY EQUIPMENT - DOOR BREACH TOOLS 20,000
TOTAL - ASSET SEIZURE - EXPENSES 20,000
1006 - OUTSIDE FUNDED GRANTS
BIKE SHARE - CONTRA FOR STAFF TIME 52,000
CA ENERGY COMMISSION PHASE II - CONTRA FOR TWO YEAR TERM EMPLOYEE 122,022 CAL VIOLENCE INTERVENTION 565,000
CEC PHASE II EV READY 554,949
EDWARD BYRNE JUSTICE GRANT 2019 63,333
EDWARD BYRNE JUSTICE GRANT 2020 60,794
FY17-18 NORTH RICHMOND MITIGATION FEE-BEAUTIFICATION 1,037 MLK PARK FIELD TURF 234,000
MTC NYSTROM VILLAGE HUB 261,646
ON DEMAND SHUTTLE 900,000
RICHMOND POLICE DEPARTMENT PEER SUPPORT ENHANCEMENT 40,000 SELECTIVE TRAFFIC ENFORCEMENT 235,000
YOUTH REINVESTMENT 335,000
TOTAL - OUTSIDE FUNDED GRANTS - EXPENSES 3,424,781
1019 - ROAD MAINTENANCE REHABILITATION ACCOUNT (RMRA) SB1 STREET PAVING - SB1 - 37TH STREET 300,000
STREET PAVING - SB1 - CASTRO RANCH ROAD 329,168
STREET PAVING - SB1 - CUTTING HARBOUR WAY 706,308
STREET PAVING - SB1 - MARINA WAY 59,861
STREET PAVING - SB1 - RICHMOND PARKWAY 1,000,000
TOTAL - RMRA - EXPENSES 2,395,337
1054 - ENGINEERING GRANTS
ATP QUICK BUILD CUTTING/HOFFMAN 625,212
ATP QUICK BUILD HARBOUR WAY S. CYCLE TRACK 184,300
BOORMAN PARK REVITALIZATION 3,490,204
BRIDGE PREVENTIVE MAINTENANCE 1,875,803
CARLSON BLVD. CROSSTOWN CONNECTIONS & IMPROVEMENTS 398,410 GREENING THE YELOW BRICK ROAD 351,769
GREENWAY REAHB AND BIKE EDUCATION 100,000
HARBOUR 8 PARK EXTENSION 6,194,260
HARBOUR WAY & WRIGHT S. 1,199,075
HARBOUR WAY IMPROVEMENTS 82,500
YELLOW BRICK ROAD 8,245
TOTAL - ENGINEERING GRANTS - EXPENSES 14,509,778
Attachment 6
5 of 8

City of Richmond
FY2022-23 Draft Budget
Capital Improvement Project Expenditures by Fund

EXPENDITURES DRAFT
NON-GENERAL FUND - PROJECT FUNDS FY2022-23
1306 - AMERICAN RESCUE PLAN ACT (ARPA)
APRA/MAIN LIBRARY 452,000 ARPA/ COMMUNITY NEEDS ASSESSMENT 150,000 ARPA/NEVIN CENTER 450,000 ARPA/RAPID RESPONSE 800,000 ARPA/RECREATION CENTER 451,000 ARPA/RICHMOND MUSEUM 467,400 TOTAL - AMERICAN RESCUE PLAN ACT (ARPA) - EXPENSES 2,770,400 2001 - GENERAL CAPITAL
AUDITORIUM UPGRADES (Main floor lighting, electrical & switch board upgrade, and remove curtains from stage area) 500,000 CORP YARD ROOF-BATHROOM REMODEL AND FUEL SITES UPGRADES 399,000 DEVELOPING PERSONAL RESOURCES CENTER (DPRC) ROOF REPLACEMENT PROJECT 100,000 FIRE STATION 67 ROOF REPLACEMENT 275,052
HILLTOP FIRE STATION FUEL SYSTEM 50,000
MARTIN LUTHER KING JR. CENTER 267,692
NATIVE AMERICA HEALTH CENTER 50,000
PARKS FUEL SITE UPGRADES 220,000
RECREATION COMPLEX HVAC 120,000
S. RICHMOND TRANSIT CONNECTIVITY IMPROVEMENT 65,000
SF BAY TRAIL - (PT. RICHMOND TO PT. MOLATE) 646,703
SHIELDS-REID COMMUNITY CENTER HVAC SYSTEM UPGRADE 127,250 SHIMADA PARK RESTROOM 240,790
TOTAL - GENERAL CAPITAL - EXPENSES 3,061,487
2002 - MEASURE J
13TH STREET COMPLETE STREET 793,870
AMERICANS WITH DISABILITIES ACT (ADA), SIDEWALKS, CURBS 330,170 I-80 CENTRAL INTERCHANGE PHASE II 2,199,012
MEMBERSHIP & DUES (WCCTAC & CCTA) 200,000
SURFACE DRAINAGE 300,000 TOTAL - MEASURE J - EXPENSES 3,823,052
2110 - PARK IMPACT FEE
JPA SPORTS FIELD PARTNERSHIP 15,000
TOTAL - PARK IMPACT FEE - EXPENSES 15,000
2111 - TRAFFIC IMPACT FEE
TRAFFIC SAFETY IMPROVEMENTS 263,639
TOTAL - TRAFFIC IMPACT FEE - EXPENSES 263,639
Attachment 6
6 of 8

City of Richmond
FY2022-23 Draft Budget
Capital Improvement Project Expenditures by Fund

EXPENDITURES DRAFT
NON-GENERAL FUND - PROJECT FUNDS FY2022-23
2113 - FIRE IMPACT FEE
OTHER OPERATING (PPE AND TURNOUTS REPLACEMENTS) 117,383 TOTAL - FIRE IMPACT FEE EXPENSES 117,383
2116 - OPEN SPACE IMPACT FEE
SF BAY TRAIL - (PT. RICHMOND TO PT. MOLATE) 373,264
TOTAL - OPENSPACE IMPACT FEE - EXPENSES 373,264
2117 - LIBRARY IMPACT FEE
AMERICANS WITH DISABILITIES ACT (ADA) RAMP MAIN LIBRARY STAFF ENTRANCE 30,000 CAP OUTLAY/AUTO EQUIPMENT >5,000 (NEW DELIVERY VAN AND NEW BOOKMOBILE) 140,000 NONCAP ASSET/COMPUTER HARDWARE 68,161
NONCAP ASSET/COMPUTER SOFTWARE <5K 3,500
NONCAP ASSET/FURNITURE <5K 130,000
NONCAP ASSET/OTHER EQUIPMENT 42,634
PROFESSIONAL SERVICES (GRANT WRITER & DESIGN CONSULTANT) 55,000 TOTAL - LIBRARY IMPACT FEE - EXPENSES 469,295
2120 - WASTEWATER IMPACT FEE
SANITARY SEWER BRICK MANHOLE REPLACEMENT 791,130
TOTAL - WASTEWATER IMPACT FEE - EXPENSES 791,130
TOTAL - EXPENSES - CAPITAL PROJECT FUNDS 34,814,196
1017 - ECIA DEPARTMENT
URBAN FORESTRY (PARK MATERIALS & TREES) 123,843
YELLOW BRICK ROAD 1,313,655
TOTAL - ECIA DEPARTMENT 1,437,498
1201 - HOUSING DEPARTMENT - CDBG
AMERICANS WITH DISABILITIES ACT (ADA) BOOKER T. ANDERSON (BTA) 485,000 AMERICANS WITH DISABILITIES ACT (ADA) PARCHESTER CENTER 450,000 TOTAL - HOUSING DEPARTMENT - ADA 935,000
4001 - ECONOMIC DEVELOPMENT - PORT CIP
BERTH ELECTRIFICATION 750,000
PPMT ENVIRONMENTAL COMPLIANCE 100,000
PPMT GENERAL UPGRADES 250,000
RIGGERS LOFT MAINTENANCE 150,000
TOTAL - ECONOMIC DEVELOPMENT - PORT - CIP 1,250,000
4003 - PUBLIC WORKS WASTEWATER CIP
CCTV TRUCK 515,000
CO-GENERATION 1,461,280
DECHLORINATION SYSTEM REPLACEMENT 3,250,000
DORNAN DRIVE FORCE MAIN 4,000,000
FERRY POINT DORNAN DRIVE PUMP STATION 375,000
FLOOD RISK REDUCTION RHEEM CREEK WATERSHED 1,598,844
GRIT & AERATION (SRF) 20,000,000
KELLER BEACH FEASIBILITY 475,000
Attachment 6
7 of 8Page 725 of 1235
City of Richmond
FY2022-23 Draft Budget
Capital Improvement Project Expenditures by Fund

EXPENDITURES DRAFT
NON-GENERAL FUND - PROJECT FUNDS FY2022-23
Public Works Wastewater CIP - continued
MARINA BAY FORCE MAIN EXTENSION 350,000
SEISMIC RETROFIT 325,000
SEWERLINE REPLACEMENT 3,325,000
SLUDGE THICKENER 630,061
TOTAL - PUBLIC WORKS WASTEWATER CIP 36,305,185
4008 - KCRT
ENGINEERING; (Microwave Transmission & Playback System) 120,000 TOTAL - KCRT CIP 120,000
5003 - EQUIPMENT SERVICES CIP
FIRE VEHICLES 680,000
OTHER CITY VEHICLES 356,000
POLICE VEHICLES 660,000
OTHER EQUIPMENT 210,000
TOTAL - EQUIPMENT SERVICES CIP 1,906,000
TOTAL - EXPENSES - ENTERPRISE AND OTHER OPERATING FUNDS 41,953,683 GRAND TOTAL EXPENSES - ALL FUNDS 76,767,879
Attachment 6
8 of 8

Update through April 15, 2022

BUDGET ACTUAL ENCUMBRANCES REMAINING
ARPA REVENUE -TOTAL (27,740,723)$ (13,870,362)$ -$ (13,870,362)$

ARPA EXPENDITURES
MAIN LIBRARY - HVAC IMPROVEMENTS 500,000$ -$ 48,000$ 452,000$ NEVIN COMMUNITY CENTER - HVAC IMPROVEMENTS 500,000$ 10,250$ 39,750$ 450,000$ RECREATION CENTER ADMINISTRATION - HVAC IMPROVEMENTS 500,000$ 25,025$ 23,975$ 451,000$ RICHMOND MUSEUM - HVAC IMPROVEMENTS 500,000$ -$ 32,600$ 467,400$ COMMUNITY BEAUTIFACTION 1,000,000$ -$ -$ 1,000,000$ -$
COMMUNITY NEEDS ASSESSMENT 250,000$ -$ 245,485$ 4,515$ ENVIRONMENTAL PLANNING CONSULTANT 300,000$ -$ -$ 300,000$ HOUSING & DEVELOPMENT INITIATIVES/RICHMOND RAPID RESPONSE FUND 1,000,000$ 15,889$ 184,111$ 800,000$ RECOVERY OF LOST REVENUE 4,000,000$ -$ -$ 4,000,000$ NORTH RICHMOND PUMP STATION 1,800,000$ -$ -$ 1,800,000$ MARTIN LUTHER KING, JR. PARK TURF FIELD 150,000$ -$ -$ 150,000$ Total - ARPA FY2021-22 10,500,000$ 51,164$ 573,921$ 9,874,915$ REMAINING ARPA ALLOCATION (17,240,723)$
AMERICAN RESCUE PLAN ACT FY 21-22 BUDGET
Attachment 7 - ARPA Funding Table

Update through April 15, 2022

ITEM BUDGET ACTUAL ENCUMBRANCES REMAINING
YouthWORKS (through December 2021/January 2022) $ 1,980,000 $ 510,672 $ - $ 1,469,328 ONS $ 1,600,000 $ - $ - $ 1,600,000 UNHOUSED INTERVENTION $ 1,800,000 $ 244,891 $ 739,084 $ 816,025 Rebuilding Together - Providing Outreach and Support
COMMUNITY CRISIS RESPONSE $ 1,000,000 $ - $ - $ 1,000,000 Total - Reimagining FY2021-22 Expenditures 6,380,000$ 755,564$ 739,084$ 4,885,353$ REIMAGINING PUBLIC SAFETY COMMUNITY TASK FORCE FY 21-22 BUDGET Attachment 8 - Reimagining Public Safety Table

City of Richmond
Fiscal Year 2022-23
Draft Operating Budget
Shasa Curl, City Manager
Delmy Cuellar, Director of Finance
June 7, 2022
1 DRAFT
DRAFT

Overview
▪ Background
▪ General Fund Revenue Assumptions
▪ General Fund Revenue Estimates
▪ General Fund Expenditure Assumptions
▪ General Fund Expenditure Estimates
▪ Cost Pool/Risk Management/General Liability
▪ Proposed FY 22-23 Operating Transfers Out
▪ Draft FY 2022-23 General Fund Balanced Budget
▪ Proposed Budget Adjustments
▪ Capital Improvement Projects Budget
▪ ARPA & Reimagining Public Safety
▪ Next Steps & Questions 2

Background - First Draft – May 3, 2022
3 GENERAL FUND FY2022-23

DRAFT BUDGET

PENDING

ADJUSTMENTS
FY2022-23 DRAFT BUDGET

AFTER ADJUSTMENT
TOTAL REVENUE​ 204,878,270 1,482,100 206,360,370
TOTAL EXPENSE​ 206,767,616 (435,100)​ 206,332,516
Net (-Gap)/+Surplus​ (1,889,346)​ 1,047,000 27,854​

General Fund Revenue Assumptions to Date
Revenue Category Assumptions
PROPERTY TAXES Assessed Value (AV) Growth based on (1) most properties increasing by State posted CPI (usually 2% max), (2) plus, for the properties that sold in 2021, the new value minus the previous value, and (3) the value of the Chevron Refinery. Staff usually assumes the Chevron refinery will stay the same - 0% AV growth for that component.

SALES & USE TAX 4% growth per the consultant; Vehicle License Fee Backfill Swap tied to AV growth, same as Secured Property Taxes.

UTILITY USERS TAX (UUT) Analysis in part provided by consultant. Growth rates applied to individual revenue streams with the UUT category - cable and Telecom historically have been going down due to industry changes. Settlement amount is set and due to go away after FY24-25. Cap amount paid by Chevron is based on Energy Services CPI for the Bay Area which through the posted rates through February is extremely high.

OTHER TAXES Each revenue stream within Other Taxes changes year-to-year based on independent influences; both garbage fees are up by 4% based on historical changes; Hotel Tax up 5% based on rebounding industry; Transfer Tax budgeted amount based on formula in Guiding Fiscal Policy that mandates we use the mean since implementation of the voter approved tiered structure; gas and electricity franchise changes stem from using same growth factor as UUT .

LICENSES, PERMITS & FEES Main item is Business Tax and are using growth factor of 2% as a conservative CPI. Still new revenue stream so we still do not know what the full year amount will be.

FINES & FORFEITURES Parking citations flat and Muni Court Fines with 1.4% growth USE OF MONEY & PROPERTY Flat - zero growth
CHARGES FOR SERVICES Most items entered by corresponding departments based on their estimated level of service and total corresponds to 4.3% growth OTHER REVENUE Very unpredictable. Usually very little budgeted here, but items get added as received.

RENTAL INCOME Rental Income is determined based on the Council approved agreements and/or fees established through the Master Fee Schedule INTERGOV STATE TAXES Motor Vehicle Fees increase based on YTD actuals in FY21-22 INTERGOV OTHER GRANT Only grants with award letters are budgeted PROCEED FROM SALE PROPERTY Pending budget, based on historic trend OPERATING TRANSFERS IN Based on Analysis of the Pension Tax Override fund, estimated AV growth, minus scheduled uses. Left over funds are transferred to the General Fund 4

General Fund Revenue Estimates
FY 2021-22 FY 2022-23 PCT
GENERAL FUND REVENUES CY* REVISED BUDGET DRAFT BUDGET CHANGE PROPERTY TAXES 45,233,561 46,056,962 1.8%
SALES & USE TAX 51,993,736 55,282,200 63%
UTILITY USERS TAX 46,522,663 49,963,589 7.4%
OTHER TAXES 20,953,343 21,638,449 3.3%
LICENSES,PERMITS & FEES 10,354,335 11,129,402 7.5%
FINES & FORFEITURES 468,897 475,275 1.4%
USE OF MONEY & PROPERTY 236,079 236,079 0.0%
CHARGES FOR SERVICES 3,424,459 3,571,292 4.3%
OTHER REVENUE 1,471,927 187,500 (87.3%)
RENTAL INCOME 747,268 874,506 17.0%
INTERGOV STATE TAXES 90,000 125,000 38.9%
INTERGOV STATE GRANT 187,878 175,000 (6.9%)
INTERGOV OTHER GRANT 153,569 253,569 65.1%
PROCEEDS FROM SALE OF PROPERTY 100,000 100,000 0.0%
LOAN/BOND PROCEEDS 36,400 - (100%)
OPERATING TRANSFERS IN 10,204,224 16,414,570 60.9%
TOTAL REVENUE 192,180,338 206,483,393 7.4%
5*Current Year (CY)

General Fund Expenditure Assumptions to Date
Expenditures Category Assumptions/Descriptions
SALARIES AND WAGES IAFF, RFMA, RPMA, RPOA COLA pending, Executive, Local 21 and Local 1021 5 percent COLA as of 1/1/2023, other pays based on existing MOUs and current enrollments.

PAYRLL/FRINGE BENEFIT Healthcare cost at current rates as of FY2022, OPEB per current Actuarial report, Retirement rates per current CalPERS rates. Worker's Comp rate 1 % increase in each category PROFESSIONAL & ADMIN Baseline budget, with one-time appropriations removed, Campus Bay Litigation Costs of $900K, City Attorney Legal Services Contract
OTHER OPERATING Baseline budget with one-time appropriations removed.

UTILITIES Baseline budget
EQPT & CONTRACT SVCS Baseline Budget based on historical actuals PROVISN FOR INS LOSS Insurance Premiums
COST POOL (Vehicle Replacement) Fleet Services provided list with Priority 1 items COST POOL (General Liability) 5% increase from current year budget COST POOL (Cost Allocation Plan - Admin Charges) 5% increase from current year budget COST POOL (Civic Center Debt Allocation) Charge derived from the debt service, cash balance, and square footage used by divisions ASSET/CAPITAL OUTLAY As needed
DEBT SVC EXPENDITURE Debt Service Schedule, maintained by Treasury A87 COST PLAN REIMBS Based on COST POOL (Cost Allocation Plan - Admin Charges) GRANT EXPENDITURES Based on the awarded grants
OPER XFERS OUT Recurring and onetime subsidies to non-GF programs. 6*International Association of Fire Firefighters (IAFF), Richmond Fire Management Association (RFMA), Richmond Police Manageme nt Association (RPMA), Richmond Police Officers Association (RPOA)

General Fund Expenditures
GENERAL FUND EXPENDITURES FY2021-22 REVISED
BUDGET
FY2022-23 PROPOSED

BUDGET PCT CHANGE
PAYROLL AND FRINGE BENEFITS $137,965,780 $146,930,765 6.5% PROF & ADMIN $16,480,924 $14,593,327 (11.0%)
OTHER OPERATING $7,222,113 $5,896,395 (18.0%)
UTILITIES $5,002,018 $5,143,076 3.0%
EQPT & CONTRACT SVCS $2,555,148 $2,601,511 1.8%
PROVISN FOR INS LOSS $27,673 $25,725 (.90%)
COST POOL $14,455,436 $15,277,766 5.7%
ASSET/CAPITAL OUTLAY $1,430,004 $1,422,136 (0.6%)
DEBT SVC EXPENDITURE $1,065,359 $1,037,009 (2.7%)
A87 COST PLAN REIMBS ($3,516,104) ($3,534,233) 0.5%
GRANT EXPENDITURES $82,500 $2,500 (97.0%)
OPER XFERS OUT $12,801,419 $12,733,774 (1.8%)
TOTAL EXPENDITURES $195,575,271 $201,969,824 3.3%
7

What is Cost Pool?
Cost
Pool
New Vehicles
Risk Mgmt-General Liability City’s Overhead (Admin)
Civic Center Rent
8Page 736 of 1235
Cost Pool - New Vehicles Charge
• Department
Requests a Vehicle
Cost Pool-
New Vehicles
• Funds are
collected in
Equipment
Replacement Fund
Fleet Services • Vehicles are
purchased
Manufacturer
9Page 737 of 1235
Cost Pool- Risk Management Reserve Fund
General
Liability
Charges from
Departments
Workers
Comp, a
Payroll
Deduction
10 Administrative Costs (Risk
Management staff salaries, benefits
and operating expenses)
These costs are then allocated to City
Departments using a formula that
includes number and costs of claims,
number of employees, and payroll costs
to determine the percentage of their
contribution.

Cost Pool-Cost Allocation Plan – (Overhead)
Facility and Equipment
Maintenance, Depreciation
Finance, Human Resources,
Information Technology
City Manager, City Clerk, City
Attorney
Core Program
11Page 739 of 1235
Cost Pool - Civic Center Rent
Risk Management - $19K
Rent Program - $48K
Encroachments - $65K
Waster Resource Recovery - $195K
Planning & Building - $842K
General Fund - $5.6M
12 FY2022-23 Civic
Center Mortgage
Payment - $7.8 M

Risk Management Reserve
• The Risk Management Budget is comprised of:
• Claims Costs
• Insurance Premiums
• Legal Costs
• Administrative Costs (Risk Management staff salaries, benefits and operating expenses)
• These costs are then allocated to City Departments using a formula that includes number and costs of claims, number of employees, and payroll costs to determine the percentage of their contribution. 13

Risk Management Budget Comparison
14

FY 22/23 Risk Management Budget
• The original, proposed Risk Management budget increased by 14.5% due to increased claims costs, self-insured retention threshold increase, and higher insurance premiums.
• Through the budget development process, the budget was refined and adjusted.
• To reduce the fiscal impact on City departments, a reduced budget has been submitted to Council with the plan to revisit the budget at mid - year.
15

The Risk Management Insurance Reserves
• The Insurance Reserves is the mechanism through which the allocations flow and Risk Management program is funded.
• Funding at the 80% confidence level, which is mandated by Council resolution, provides an 80% chance of being able to pay for the self- insured portion of the City’s Worker's Compensation and General Liability claims. This is a benchmark for self-insurance program funding throughout the industry for public entities.
• The City is currently at the 61% confidence level and is projected to be at the 59% confidence level at the close of this fiscal year. 16

Subsidies Provided Through lowered Overhead
CENTRAL SERVICES FY22-23 OVERHEAD PROGRAMS PAYING FY2021-22 FY2022-23 FY2022-23 FY2022-23 CHARGING OVERHEAD DRAFT BUD. RECOVERY OVERHEAD BUDGET C.A.P.* DRAFT BUD. SUBSIDY CITY MANAGER 835,732 180,581 TRANSPORTATION 209,716 744,016 220,202 523,814 CITY CLERK 1,106,494 70,514 HILLTOP DISTRICT 58,375 228,193 61,294 166,899 CITY ATTORNEY 2,911,735 319,232 MARINA BAY DISTRICT 34,312 193,954 36,028 157,926 FINANCE 6,217,453 1,152,685 RENT CONTROL 52,481 377,170 52,481 324,689 HUMAN RESOURCES 2,339,686 184,557 CR-PLANNING & BLD. 840,806 1,095,984 882,846 213,138 PUBLIC WORKS 31,276,930 647,916 CR-ENGINEERING - 54,291 - 54,291 INFORMATION TECH. 4,650,267 411,503 ENCROACHMENT SVCS 3,192 148,971 3,352 145,619 NON. DEPARTMENTAL 24,110,190 567,245 HOUSING ADMIN. 190,087 91,189 105,019 - CDBG 25,641 10,841 26,923 -
EMPLOYMENT & TRN. - 829,110 411,201 417,909
PORT OF RICHMOND 428,033 235,792 449,435
WASTEWATER 330,310 728,090 346,826 381,264
STORMWATER 86,219 106,905 90,530 16,375
KCRT - CABLE T.V . 167,612 201,235 175,993 25,242
RHA – NEVIN PLAZA - 78,878 78,878 -
RHA – NYSTROM VILLAGE 41,183 41,183
RHA – CENTRAL OFFICE 20,374 20,374
RISK MANAGEMENT 490,618 627,322 515,149 112,173
SA-ADMINISTRATION 50,000 1,829 13,896 -
Total 74,015,734 3,534,234 Total 2,967,402 5,815,327 3,531,610 2,539,339 17 *C.A.P . – Cost Allocation Plan –Admin Charges A.K.A. OVERHEAD ** Rent Control CAP is recommended to stay unchanged, the attachments will be updated for June 21, 2022, Council Meeting

What are Operating Transfers Out?
18 Based on Policy Guidance Subsidy
• General Fund provides subsidy to a program when it is not fiscally self sustaining and City Council approves Operating Transfer Out to support the specific program.

Required SubsidyMandate
• A mandated subsidy is generally due to a certain agreement, a voter approved measure, maintenance of effort, or a required grant match etc. There may be other reasons for a required subsidy.

Proposed FY 22-23 General Fund Operating Transfers Out

OPERATING TRANSFERS OUT AMOUNT
Equipment Services 326,018
Debt Service-2007 Lease Revenue 1,418,372
Hilltop Landscaping and Maintenance District 229,115
Marina Bay Landscaping and Maintenance District 462,436 Employment & Training: Internal Service Allocation Subsidy 411,201 Employment & Training: Grant Writing and Matches 75,000 Employment & Training: Contract Compliance 350,000
Summer Youth Program 325,000
IT Equipment Replacement 100,000
Department of Children and Youth 3,936,896
Richmond Housing Authority 1,539,324
General Pension 88,077
Reimaging Public Safety Unhoused Intervention Plan 1,320,000 Reimaging Public Safety Youthworks 1,980,000
Garfield Pension 12,408
TOTAL $12,573,847
19

Draft FY 2022-23 General Fund Balanced Budget
GENERAL FUND FY2022-23 DRAFT BUDGET
TOTAL REVENUE 206,383,394
TOTAL EXPENSE 201,869,824
Net (-Gap)/+Gap 4,513,570
20 June 7, 2022

Proposed Adjustments Before Final Adoption of the Balanced Budget 21 Proposed Budget Savings/Revenue Adjustments Proposed Appropriations Current Estimated Surplus 4,513,570 COLA/Class & Comp 7,300,000 Vacancy Saving Factor-6% 8,339,184 Inflation Factor - 5% 1,410,215 Increase Transfer In from PTOR* 149,000 City Attorney Legal Services 1,500,000 Other Savings 738,462 Point Molate Expenses 1,000,000
Additional Paving Index Investment 1,000,000
Housing First 425,000
Public Bank 750,000
Reparations, Equity, and Inclusion
Implementation – Year One
250,000
Literacy Fair 5,000
Short-term Emergency Housing Interventions 100,000
New City-Wide Appropriations Request Not Included
City-Wide Positions Request Not Included
Total Available 13,740,216 Total Appropriations 13,740,215

CIP -Total Budget $76,767,879 (Major Projects)
Boorman Park Revitalization - $3,490,204
CCTV Truck - $515,000
Harbour 8 Park Extension - $6,194,260
Marina Bay Force Main Extension - $350,000
22

FY 21-22 American Rescue Plan Act Budget
23*Additional $7,487.59 received in interest through December 2021 Update through April 15, 2022

ARPA BUDGET ACTUAL ENCUMBRANCES REMAINING DEPARTMENT
ARPA REVENUE -TOTAL (27,740,723)$ (13,870,362)$ -$ (13,870,362)$ Project Code ARPA EXPENDITURES
AR231 MAIN LIBRARY - HVAC IMPROVEMENTS 500,000$ -$ 48,000$ 452,000$ Public Works AR232 NEVIN COMMUNITY CENTER - HVAC IMPROVEMENTS 500,000$ 10,250$ 39,750$ 450,000$ Public Works AR233 RECREATION CENTER ADMINISTRATION - HVAC IMPROVEMENTS 500,000$ 25,025$ 23,975$ 451,000$ Public Works AR234 RICHMOND MUSEUM - HVAC IMPROVEMENTS 500,000$ -$ 32,600$ 467,400$ Public Works AR235 COMMUNITY BEAUTIFACTION 1,000,000$ -$ -$ 1,000,000$ Public Works -$
AR236 COMMUNITY NEEDS ASSESSMENT 250,000$ -$ 245,485$ 4,515$ Community Services AR237 ENVIRONMENTAL PLANNING CONSULTANT 300,000$ -$ -$ 300,000$ Economic Development AR238 HOUSING & DEVELOPMENT INITIATIVES/RICHMOND RAPID RESPONSE FUND 1,000,000$ 15,889$ 184,111$ 800,000$ Community Development AR239 RECOVERY OF LOST REVENUE 4,000,000$ -$ -$ 4,000,000$ Finance AR240 NORTH RICHMOND PUMP STATION 1,800,000$ -$ -$ 1,800,000$ Public Works AR241 MARTIN LUTHER KING, JR. PARK TURF FIELD 150,000$ -$ -$ 150,000$ Public Works Total - ARPA FY2021-22 10,500,000$ 51,164$ 573,921$ 9,874,915$ REMAINING ARPA ALLOCATION (17,240,723)$
AMERICAN RESCUE PLAN ACT FY 21-22 BUDGET

YOUTHWORKS
$1.98 Million
Community Crisis Response
$1 Million
Office of Neighborhood Safety
$2.3 Million
Unhoused Intervention
$1.8 Million
24 Proposed FY 2022 – 23 Reimagining Public Safety Budget

FY 2022-23 Budget Development Timeline
25 ACTION / ACTIVITY DATE
Budget kick off meeting December 9, 2021
Budget Input Window December 9, 2021, to January 10, 2022 Budget Hearings: City Manager, Finance Director, and Budget Division meet with Departments February 14 - February 28, 2022 Community Budget Meetings March 16 through April 11, 2022 Department Budget Presentations April 19 - June 7, 2022 First Draft Budget May 3, 2022
Second Draft Budget June 7, 2022
Adopt Budget By June 30, 2022

THANK YOU
&
QUESTIONS?
26 “Juneteenth Freedom Underpass”
South 37th Street Underpass
Desi Mundo (2022)

01337.0027/789679.1 Page 1 of 4
June 7, 2022

City Attorney's Office

DATE: June 7, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Dave Aleshire, Interim City Attorney
Joe Leach, Director of Public Works
Subject:

Reintroduce an Ordinance (First Reading) to Revise and
Amend Richmond Municipal Code Chapter 12.30
FINANCIAL IMPACT: There is no financial impact related to this item at this phase of consideration. However, the proposed
amendment to Chapter 12.30 does add provision(s)
addressing “private landowner” encroachments into the
public Right-of-Way. These newly added provisions may
potentially increase costs in staff time for application review; notice provisions; et al. Any private owner
applying for an encroachment agreement pursuant to
Chapter 12.30 would also remit fees as set forth in the Master Fee Schedule; such additional revenue may
offset potential increases in staff time.

PREVIOUS COUNCIL
ACTION:

9/28/21: City Council directed City staff to draft an
Ordinance addressing encroachments into the public
ROW. 12/21/21: City staff presents Ordinance to City
Council for consideration. City Council directs City staff to provide revisions. 4/5/22: Revised Ordinance presented
for first reading; City Council directs City staff to make minor revisions. 4/19/22: Revised Ordinance presented
for second reading. City Council requests further
revisions and continues the matter.

AGENDA
REPORT

01337.0027/789679.1 Page 2 of 4
June 7, 2022

STATEMENT OF THE
ISSUE:

The City’s Municipal Code (the “RMC”) contains two
chapters that address encroachments into the public
Right-of-Way (“ROW”) -- Chapter 12.29 (“Street Opening
and Pavement Restoration Regulations”) and Chapter

12.30 (“Video Service Provider, Utility and Special District Encroachments”). Neither chapter addresses private
landowner encroachments into the unimproved public
ROW. City has used a variable ad hoc process to grant
Encroachment Agreements in the past. Further, neither
chapter currently addresses easements or street
vacations. Consideration of proposed amendments
include: revise Chapter 12.30 to include Chapter 12.29
and remove chapter duplications; and add provisions for private landowner encroachments into the public ROW;
easements; and street vacations. Thereafter, Chapter

12.29 would be rescinded in its entirety, and the
amended and revised Chapter 12.30 would be retitled
“Encroachments and Easements.”
RECOMMENDED ACTION: REINTRODUCE an Ordinance (first reading) amending RMC Chapter 12.30 (“Video Service Provider, Utility and Special District Encroachments”) by incorporating
Chapter 12.29 (“Street Opening and Pavement
Restoration Regulations”); adding provisions that address private landowner encroachments into the public Right-
of-Way (ROW); easements; and street vacations; retitling Chapter 12.30 “Encroachments and Easements,” and
rescinding Chapter 12.29 in its entirety - City Attorney’s Office/Public Works Department (Dave Aleshire 510-620-
6509/Joe Leach 510-620-3008). This item was
continued from the May 17, 2022, meeting.

DISCUSSION:

Presently, the Richmond Municipal Code (RMC) contains two chapters that address encroachments in the public Right-of-Way (“ROW”). Both chapters reside in Article XII (“Public Works”) – Chapter 12.29 (“Street Opening and Pavement Restoration Regulations”); and Chapter 12.30 (“Video Service Provider, Utility and Special District Encroachments”).

Broadly speaking, Chapter 12.29 governs trenching, pavement, etc. in the public ROW; whereas Chapter 12.30 provides for the utilization of public ROW by specific entities, under certain circumstances, and directs when an entity must acquire a permit.

Although separate Chapters, both 12.29 and 12.30 contain procedural redundancies, and neither chapter addresses private landowner encroachments into the unimproved

01337.0027/789679.1 Page 3 of 4
June 7, 2022
public ROW. Further, neither existing Chapter addresses easements or street vacations.

The proposed amendments would revise Chapter 12.30 such that it includes Chapter

12.29 and removes duplications between existing chapters. The amendments also add provisions addressing private landowner encroachments into the unimproved public ROW; easements; and street vacations. Thereafter, Chapter 12.29 would be rescinded in its entirety, and the amended and revised Chapter 12.30 would be retitled “Encroachments and Easements.”

The newly proposed Chapter 12.30 (“Encroachments”) divides itself into six Parts – Part 1 (“General”), Sections 12.30.10 through 12.30.110; Part 2 (“Street and Paving”), Sections 12.30.120 through 12.30.160; Part 3 (“Private Landowner Encroachments into Unimproved Portions of the Public ROW”), Sections 12.30.170 through 12.30.200; Part 4 (“Easements”), Section 12.30.210; Part 5 (“Street Vacations”), Sections 12.30.220 through 12.30.240; and Part 6 (“Violations, Revocations, Other Penalties, and Appeals”), Sections 12.30.250 through 12.30.290. This newly proposed division allows for separate categories of encroachments where relevant requirements, technologies, regulations, et al. may be categorically curated. The revision also eliminates section or chapter duplication(s) by establishing separate portions for general terms and violations, et al. The overall effect both clarifies and streamlines the City’s encroachment provisions and permitting requirements and also allows a chapter whose structure will scale to include future categorial amendments, if needed.

Historically, the City entered into Encroachment Agreements with private landowners for ROW encroachments. These Encroachment Agreements were recorded on the property’s title and became binding on successors. However, even the informal practice has not been consistent, with some agreements approved by Council and others approved by the City Manager. The RMC has been silent on private landowner encroachments into the public ROW, so the City’s past practice of Encroachment Agreements with private landowners has not been documented previously within the Code. Thus, as it relates to the newly proposed Part 3 (“Private Landowner Encroachments into Unimproved Portions of the Public ROW”), the RMC now outlines a process for Application and attendant requirements, Notice, Appeal, et al. for private landowner Encroachment Agreements.

The Mayor suggested changes on first reading with the added language requiring a minimum, unobstructed passageway of at least nine (9) feet for one lane or eighteen (18) feet for two lanes with a four (4)-foot sidewalk. Subsequently, after checking field conditions, there are two (2) areas proposed for Encroachment(s) of which City staff is aware – one at 8 Western Drive and one at 130 Scenic Drive – where meeting the newly proposed condition may be challenging, but we cannot tell without plans.

Moreover, an unknown number of other Encroachment conditions exist in this area, and in other parts of the City, where the newly proposed condition may not be met.

01337.0027/789679.1 Page 4 of 4
June 7, 2022
Staff believes these projects should be considered at a public hearing under the new ordinance and suggests further language to complement the Mayor’s suggestion. That would be to add a finding that the special conditions, including the minimum street width, can be modified by the Council. It would be in Section 12.30.190(a)(1)(G), and states:
“The Encroachment conflicts with a specific condition below, but the Encroachment is warranted due to special circumstances specifically identified and addressed in the Encroachment Agreement.”

At its April 19th meeting, City Council received a joint presentation from the Public Works Department and the City Attorney’s Office. The City Council then took public comment and subsequently directed City staff to continue its research into the points above. We believe the above language gives the Council flexibility and recommend that you proceed.

ENVIRONMENTAL REVIEW:

This Ordinance is not a project under the requirement(s) of the California Environmental Quality Act and its related State CEQA Guidelines (collectively, “CEQA”) because it can be seen with certainty to have no possibility of a significant effect on the environment and thus meets the CEQA exemption contained in CEQA Guidelines section 15061(b)(3). CEQA applies only to projects that have the potential to cause significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the amendments to the Ordinance would have no, or only a de minimis, impact on the environment because changing the provisions within existing Municipal Code chapters to clarify the permitting process, et al. does not have direct or indirect physical environmental impact(s). The foregoing determination is made by the City Council in its independent judgment.

DOCUMENTS ATTACHED:

Attachment 1 - Proposed Ordinance to Amend Chapter 12.30 Attachment 2 - Proposed Amended Chapter 12.30 (clean version) Attachment 3 - Proposed Amended Chapter 12.30 (tracked changes) Attachment 4 - Proposed Amended Chapter 12.30 (original version) Attachment 5 - Proposed Rescinded Chapter 12.29 (tracked changes) Attachment 6 - Proposed Rescinded Chapter 12.29 (original version)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING THE CITY OF RICHMOND MUNICIPAL CODE CHAPTER 12.30 (“VIDEO SERVICE PROVIDER, UTILITY AND SPECIAL DISTRICT
ENCROACHMENTS”) AND RETITLING IT “ENCROACHMENTS AND
EASEMENTS” AND RESCINDING CHAPTER 12.29 (“OPENING AND PAVEMENT RESTORATION ENCROACHMENTS”) IN ITS ENTIRETY

WHEREAS, the Richmond City Council, pursuant to police powers delegated to it by the California Constitution, has the authority to enact legislation that promotes the public health, safety, and general welfare of its residents; and

WHEREAS, the City of Richmond’s Municipal Code contains two chapters that address encroachments in the Public Right-of-Way (“ROW”) in Article XII (“Public Works”); and

WHEREAS, Chapter 12.29 (“Street Opening and Pavement Restoration Regulations”) governs trenching, pavement, et al. in the ROW and Chapter 12.30 (“Video Service Provider, Utility and Special District Encroachments”) provides for the utilization of ROW by specific entities; and

WHEREAS, Chapter 12.29 and Chapter 12.30 address encroachment permits in the ROW, but neither addresses private landowner encroachments into the unimproved ROW; and

WHEREAS, historically the City has issued encroachments permits administratively through its Engineering Department at a rate of approximately 2,000 encroachment permits per year; and

WHEREAS, pursuant to Government Code section 38775, the City generally prohibits property owners from installing or maintaining encroachments within the ROW, although exceptions have been made; and

WHEREAS, the City has previously permitted property owners to install fences, landscaping, and similar improvements within the ROW upon the execution of an Encroachment Agreement, but there has not been a regularly applied process; and

WHEREAS, the past practice of approving private landowner Encroachment Agreements has involved a Council-adopted Resolution authorizing the Mayor to enter into the Encroachment Agreement on the City’s behalf; or City Manager approval and subsequent recordation of the Encroachment Agreement with the County Recorder’s Office; and

WHEREAS, the City desires to create an amended Chapter 12.30 to memorialize within its Code the City’s practice of entering into Encroachment Agreements with private landowners; and

WHEREAS, various applications are currently pending for encroachments, and Staff should expedite preparation of applications and is authorized to commence processing applications immediately upon introduction of this Ordinance; and

WHEREAS, the City desires to address Encroachment Permits and landowner Encroachment Agreements in the ROW within a revised Chapter 12.30; while omitting categorical duplicities; and to rescind Chapter 12.29 in its entirety; and

WHEREAS, the City also desires to address a process and attendant provisions for Easement(s) and Street Vacation(s) within the revised Chapter 12.30.

THEREFORE, LET IT BE RESOLVED THAT NOW THE CITY COUNCIL OF THE CITY OF RICHMOND does ordain as follows:

SECTION 1.

Chapter 12.30 – ENCROACHMENTS AND EASEMENTS IN THE PUBLIC RIGHTS OF WAY

12.30.010 – PURPOSE
The Public Rights-of-Way are unique, physically limited public resources held in trust for the public’s benefit, and they require proper management to maximize their efficiency and minimize the taxpayers’ costs; to protect against foreclosure of future economic expansion due to premature exhaustion of these resources; and to minimize the inconvenience to, and negative effects on, the public from use of these rights-of-way by individuals, contractors, utility companies, video service providers, utilities, special districts, et al.

To achieve this Chapter’s purpose, the City shall endeavor to coordinate its Capital Improvement Programs with those of Utility Companies and Franchisees with Facilities in, on, under, or above the Public Rights-of-Way. Information about planned work in the Right-of-Way shall be communicated as early in the process as possible.

Utility owners and franchisees should strive to coordinate street excavations to allow for simultaneous work and to prevent a street from multiple excavations within a twelve (12)-month period.

PART 1 - GENERAL

12.30.020 - Definitions
As used in this chapter:

“Agreement” means “Encroachment Agreement,” as defined below.

“Applicant” means any person, firm, partnership, association, corporation, company, entity, or organization who proposes to encroach upon a public place, right of way, sidewalk, or street and who has applied for a permit for the proposed encroachment, pursuant to the provisions of this chapter.

“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, Harbor 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 Projects” mean any city-funded construction or reconstruction, including but not limited to, public works projects and community facilities (e.g. libraries, community centers, et al.), excluding public/private partnerships.

“Communications service equipment” and “communications service facilities” mean the equipment and Facilities used by a video service provider to provide cable or video service.

“Easement” or “Easements” mean interest(s) in land of another entitling easement owner to limited use or enjoyment of other’s land, evidenced by an instrument recorded on and burdening the landowner’s title, and as provided in California Civil Code Section § 887.010, et seq.

“Encroach” or “Encroaching” means constructing or placing temporary or permanent structures, improvements, Facilities or materials in, on, over, or under any ROW or using any ROW so as to prevent, obstruct, or interfere with the normal use of that way. The right to encroach is in the nature of a license and is revocable by the City at any time as provided herein. Encroachment includes, but is not limited to, the performance of any of the following acts:
(a) Excavating or disturbing the ROW;

(b) Erecting or maintaining any post, sign, pole, fence, guardrail, wall, pipe, conduit, cable, wire, communication service equipment, or other Facility or structure on, over, or under a ROW;

(c) Planting any tree, shrub, grass or other growing thing within the ROW;

(d) Placing or leaving on the ROW any rubbish, brush, earth or other material;

(e) Constructing, placing, or maintaining on, over, under or within a ROW 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;

(f) Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to the ROW,

which causes, or may cause, an encroachment.

“Encroachment Agreement” means a written, contractual license agreement between the City and a private landowner regarding the terms and conditions of a Facility in the ROW; and, which agreement is recorded on the property’s title and binding on its successors thereafter unless revoked by the City.

“Encroachment” means the act of encroaching, as defined above.

“Excavation” means any trench cuts within the street ROW 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.

“Facility” or “Facilities” mean 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 but not limited to: 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 ROW.

“Landowner” means any real-property owner abutting or adjacent to the ROW as defined herein.

“Licensee” means the “Permittee” under the Permit; or could be the person with the right to Encroach under an “Encroachment Agreement;” or the person with pre-existing or other Encroachment right(s) hereunder.

“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, Richmond Parkway, 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 Standard Plans and Details; the Caltrans Standard Specifications and Details; or Individual Contract Plans and Specifications.

“Micro Paving” (see “Slurry Seal” definition).

“Micro Surfacing” (see “Slurry Seal” definition).

“Parklet” is the use of existing parking spaces in the public street as non -exclusive outdoor dining spaces for restaurants on abutting properties. See RMC Chapter

14.46. “Permit” means any Permit referenced in, or required by, this Chapter.

“Permittee” or “Licensee” means any means any person, firm, partnership, association, corporation, company, entity, or organization who proposes to encroach upon a public place, right of way, sidewalk, or street, and who has been issued a permit for the proposed encroachment pursuant to the provisions of this Chapter, including any lawful successor, transferee, or assignee 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 or its officers, employees, or agents.

“Prohibition Street” means streets that have been reconstructed or resurfaced within the past three to five years (see Section 12.30.140, below).

“Public Right-of-Way” or “ROW” means the area in, upon, above, beneath, or across any land or interest therein 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 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.

“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 one-half (½)-inch thick.

“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 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.

“Street Overlay” means one or more courses of asphalt construction on an existing pavement; usually greater than one-half (½)-inch thick; and generally includes an

asphalt leveling course to contour-correct old pavement.

“Street Vacation” means the complete or partial abandonment or termination of the public right to use a street, highway, or public service easement. A street or highway is defined as all or part of, or any right in, a state highway or other public highway, road, street, alley, trail, or other public right-of-way or easement.

“Public Service Easement” means an easement acquired for public use by dedication or otherwise, for sewers, pipelines, electrical or water transmission lines, storm drains, drainage canals, and other limited use public easements other than for street or highway purposes.

“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 company” shall mean any public utility company or entity authorized to work in the public right of way providing public utility services such as water, electricity, natural gas, telephone, and communication.

“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 ROW.

“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).

2.30.030 – Applicability and Exceptions
Any person must obtain a Permit or Agreement in accordance with this Chapter before placing any Encroachment in, on, over, or under any ROW within the City.

(a) For purposes of this Chapter, a person may include, but is not limited to: Video Service Provider, Utilities, and Special Districts; or construction by private contract of any work in the ROW (e.g., sewer laterals, et al.). Where the provisions conflict with franchise provisions or other agreement between a Permittee and the City or state, the franchise’s provisions or other agreement shall control.

(b) Notwithstanding subsection (a), above, no Permit or Agreement shall be required for any of the following:
(1) Actions of any City officer or employee engaged in the discharge of official duties;

(2) Performance of work under contracts to the City, including work for City project(s);

(3) Encroachments existing prior to this Chapter’s effective date; however, nothing in this Chapter shall preclude City Engineer from requiring an appropriate Permit or Agreement documenting the rights and obligations of the licensee, and any preexisting Encroachment remains subject to removal at any time when City Engineer determines the Encroachment adversely affects the safety, capacity, or integrity of the ROW and interferes with public use;

(4) Maintenance or repair of existing pipes, Facilities, conduits, or other structures lawfully on, or under, a ROW where such maintenance or repair work will not disrupt traffic in an arterial or major arterial street;

(5) Emergency street cut or excavation in ROW to repair a broken or defective pipe, Facility, or conduit lawfully on, or under, a public arterial street, for the preservation of life and property when an urgent necessity arises, and City offices are closed. Reasonable vehicular and pedestrian barriers, or other traffic controls, shall be provided during the performance of these repairs. Person performing the repair work shall notify the City’s Engineering and Police Department(s) by telephone at the time any such repair work is commenced and must apply for a Permit within one (1) calendar day after City offices re-open;

(6) Planting, trimming, pruning or removal of any new or existing tree, shrub, or plant within the ROW where a Permit is issued for such work pursuant to the Code’s Chapter 10.08, and where no traffic lane closure is anticipated;

(7) Sidewalk cafes and restaurants, which shall be governed by the provisions and requirements of the Code’s Chapter 15.04;

(8) City Council-approved street closures for special events.

(c) Notwithstanding subsections (a) and (b), above, none of the provisions in this Chapter shall apply to “Part 3 – Private Landowner Encroachment(s) Into Unimproved Portions of the ROW” unless expressly stated.

(d) Any Encroachment that requires, but does not have, a Permit shall be deemed a violation of this Chapter and a public nuisance, which the City may abate pursuant to any applicable provision of law including, but not limited to, this Code’s Chapter 9.22.

12.30.040 – Permit Applications, Generally
(a) Any and all construction work, including but not limited to work involving streets and paving, including excavations and trenching, within the City’s ROW shall require an Encroachment Permit.

(b) For additional permit application requirements, et al. related to any excavation work within the City’s ROW, see Section 12.30.060 and Part 2 (“Streets and Paving”).

(c) Permit application(s) may be obtained from the City’s Engineering Services Department.

12.30.050 – Permit Application Requirements
(a) An application for an Encroachment Permit, including renewal of an existing Permit, shall be on a City Engineer-prescribed form. The Applicant shall sign the form, which shall include all the following materials unless the City Engineer provides a written waiver:
(1) Name, address, and telephone number of the Applicant; (2) Name, address, and telephone number of the contractor, if a contractor will perform any proposed work and contractor is not Applicant; (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(s) for the proposed work’s location; (6) Certificate of insurance from Applicant’s and/or contractor’s insurance carrier in a form satisfactory to the City, and which names the City as an additional insured;
(7) Key map and detailed improvement plan 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 and information the City Engineer requires. Unless exempted by State law, a California Registered Professional Civil Engineer shall prepare a detailed improvement plan;
(8) 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;
(9) Current maps and records of the underground Facilities at the site; (10) Encroachment Permit fee set forth in the City’s Master Fee Schedule. (11) A deposit sufficient to cover the cost of mailed notice if required.

(b) In signing the application, Applicant attests that all information in support of the application is true and correct. When Applicant submits a completed and signed application form, all supporting documents and information, and the required fee, the application will be deemed complete. The City Engineer shall act upon an application for an Encroachment Permit within sixty (60) days after the application is complete.

(c) Registration. Prior to applying for a Permit, the City may require an individual performing the encroachment work to register with the City for a Permit and to provide the following:
(1) Warranty Bond: a cash deposit equal to the greater of five-hundred dollars ($500.) or twenty-five percent (25%) of the work’s value. 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’s standards or Permit requirements;
(2) A current City Business License;
(3) Current Certificate of Insurance meeting the requirements of Section 12.30.090, below;
(4) 24-hour phone number for emergencies; and
(5) The name, telephone number, and mailing address (fax number, cell phone, and e-mail address if available) of the individual who will receive all City correspondence.

(d) As a condition of the Permit, Permittee shall provide evidence of a regional notification center-issued (e.g., Underground Service Alert, USA) inquiry identification number pursuant to California Government Code Section 4216.

(e) Permittees shall pay close attention to the location and alignment of all USA markings while performing their work.

USA Codes:

Electric: Red
Gas-Oil: Yellow
Communication-CATV: Orange
Water: Blue
Sewer: Green
Temporary Survey Markings: Pink
Proposed Excavation: White

(f) Excepting emergencies, Permits shall be pulled in advance of work. An emergency exists only for: life or property endangerment; 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.

(g) In an emergency occurs, Permittee shall notify the City, and apply for a Permit for “emergency work,” within four (4) hours after the City offices open.

(h) Pre-construction meeting:
(1) A pre-construction meeting shall be held for all projects scheduled to take more than fifteen (15) working days to complete.
(2) Meeting attendees shall include the owner, contractor, any other involved agency, and the City.
(3) The City may issue administrative citations if a project scheduled for completion within fifteen (15) days exceeds the fifteen-day timeline and a pre-construction

meeting was not held
(4) The City shall approve the traffic control plan prior to the pre-construction meeting.

(i) By accepting a Permit, the Facility’s Permittee and/or Owner to whom the Permit has been issued agree to all the following:
(1) To follow all laws, rules, regulations, and Permit conditions. (2) To assure that their employees, contractors, and subcontractors, comply with all laws, rules, regulations, and Permit conditions.
(3) To indemnify the City against all claims for personal injury or property damage that may arise in connection with the work.

12.30.060 – Permit Application Requirements for Excavations In addition to the general permit application requirements in Section 12.30.50, any permit application related to excavation work shall also be subject to the provisions of this section.

(a) Any excavation work within the City’s ROW shall require a Permit specifically for excavation in addition to other required Permits. The individual performing the work shall apply for the Permit.

(b) All Permit applications for excavation work shall include plans that indicate the following:
(1) Street name to be excavated and nearest cross street. (2) Distance of proposed excavation from face of curb. (3) Distance of proposed excavation from intersection. (4) Size of the excavation (length and width).
(5) Location of any aboveground Facilities to be installed, showing:
(A) Distance from curb and any street Facilities/furnishings. (B) Purpose of the Facility.
(C) Size of the Facility.
(D) Location of doors and door swings.
(6) Location of any existing and to-be-installed underground Facilities showing:
(A) Conduit vaults, maintenance holes, pipes, etc.
(B) Structural detail and additional information for structures to be installed such as vaults and maintenance holes.
(C) Construction method of the structure to be installed. (D) Construction detail, location, size, design criteria and the purpose of the Facility to be installed.
(7) Cross-section of a typical trench indicating:
(A) Approximate depth of the installed Facility.
(B) Trench-backfill depth, compaction, and layer depths. (C) Pavement section detail (type and depths).

(D) Plans, structural details, and trench cross-section must be signed and stamped by a licensed civil engineer, when legally required. (8) The plan may show the approximate excavation location, provided that the excavation’s exact location is shown on the “as- built” plan. These “as-built” plans shall be submitted prior to the City’s Permit finalization.

(c) If Permittee damages other Facilities during excavation work, Permittee will need a separate Permit to repair the damaged Facility with additional excavation and trenching.

Permittee shall maintain the site and restore the pavement and any affected signage or striping.
(d) For permit expiration, see Section 12.30.100(c)(5), et seq. (e) For notice requirements, see Section 12.30.110, et seq.

12.30.070 – Permits and Encroachment Agreements - City’s Rights and Privileges, Generally
(a) At City’s request, Permittee shall relocate, remove, or abandon the encroachment at their sole expense for any of the following reasons, unless this requirement conflicts with any applicable local Code, state statute, or franchise agreement:

(1) City requires construction, reconstruction, or maintenance work (collectively, “work”) in the ROW that necessitates relocation, removal, or abandonment of an encroachment; or

(2) ROW placement of structures and/or Facilities conflicts with City construction, reconstruction, or maintenance work therein.

(b) When City requires relocation, City Engineer shall give Permittee written notice designating a reasonable time for encroachment relocation or removal, and Permittee shall act accordingly and to City Engineer’s satisfaction. In determining a reasonable time under this Section, City Engineer shall consider the following: nature of the encroachment, urgency of removal need; cost of removal, difficulty of removal; value of the property to the owner, and any other pertinent facts.

(c) City Engineer reserves the right to suspend the Encroachment Permit or Agreement to protect the public from danger and to take such action necessary to correct the danger-posing condition. In the event of suspension, City Engineer shall notify the Permittee and provide opportunity for hearing.

(d) City Engineer may require other reasonable conditions, including installation of Facilities or structures to address accessibility and drainage to protect the public health, safety, and welfare.

(e) City reserves the right to inspect any structure or Facility in ROW

(f) The City Engineer shall approve an Encroachment Permit upon making the following findings, and Permittees shall be subject to the relevant requirements of this Chapter and to all the following conditions, as applicable:

(1) Findings.
(A) Proposed encroachment contains no potential to cause a significant environmental effect(s); nor will it be detrimental to public’s health, safety, and welfare;

(B) Complete application contains all necessary, supporting information;

(C) Applicant made reasonable efforts to erect, construct, use, operate, and/or maintain underground Facilities; provided, however, from and after the effective date of an underground utility district establishment, the Applicant shall erect, construct, use, operate, and maintain its Facilities underground. Where undergrounding is not feasible (excepting 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) Proposed Facilities’ location is the best available option to minimize adverse impacts on the use of the ROW and on adjoining properties;

(E) If application is for Permit renewal, Permittee has complied, and is in compliance with, current Permit and its conditions;

12.30.080 – Permits - Permittee’s and Licensee’s Obligations, Generally (a) The Permittee shall:
(1) Provide accurate, detailed information regarding the location of existing and proposed structures in the ROW at the request of any person contracted to perform work in/on ROW;

(2) Timely correct any maintenance or operational deficiencies;

(3) Produce current, complete, and accurate maps, plans, diagrams, and records pertaining to any structure or Facility installed in the ROW within ten (10) business days of City’s request;

(4) Complete installation or construction of structures and Facilities in the ROW and all construction-related damage to the ROW shall be repaired within two (2) years from the date the Encroachment Permit or Agreement issues. Exception:

City Engineer may grant written extension of the time to complete installation, construction, or repair for good cause;

(5) Operate and use structures and Facilities in the ROW solely and exclusively for the purposes and uses as stated in the application;

(6) Not alter the purpose, use, or operator of the structures and Facilities without transfer approval;
A. Exception: any Landowner Encroachment Agreement shall be binding upon, and inure to the benefit of, Permittee’s successors in interest, heirs, or devisees.
(7) At their own expense, restore ROW to the same or better condition than before installation of at their own expense, restore ROW to the same or better condition than before installation of Facilities or structures upon removal or abandonment of same;
A. Failure to restore ROW may be deemed a violation of this Chapter and a public nuisance subject to City abatement pursuant to any applicable provision of law, including but not limited to RMC Chapter 1.04. (8) During construction, Permittee shall do all the following:
(A) Maintain a copy of Permit issued pursuant to this Chapter at the job site during work periods until project completion and City Engineer approval.

Permit(s) shall be shown to City employees upon request; (B) Provide City Engineer-approved, appropriate traffic warnings, safeguards, and controls;
(C) Provide temporary pedestrian-access Facilities as necessary to comply with local, state and federal law(s), including the Americans with Disabilities Act, and with the written direction of the City Engineer, if any. (D) Maintain all structures, Facilities, and landscaping within the encroachment area in a safe and clean manner and shall observe and enforce all applicable local, State, and Federal safety orders, rules, and regulations at all times. (E) Promptly remove all graffiti on any structure or Facility within the encroachment area.
(F) Notify the City’s Police Department and the City Engineer, and shall promptly repair, any damage to structures or Facilities caused by criminal activity, including, but not limited to, copper theft.

(9) As may be required by California Government Code Section 4216 et seq., Permittee shall contact Underground Service Alert (USA) prior to commencing, and as appropriate during, any Permitted work.

(10) It shall be unlawful for Permittee to erect, construct, use, operate or maintain their Facilities aboveground whenever any area of the City is declared as an underground utility district.

(11) 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 ROW.

(12) 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

ROW; the City’s management and use of the ROW, and the rights or reasonable convenience of property owners adjoining the ROW.

(13) Comply with all laws, rules, regulations, and Permit conditions and assure that their employees, contractors, and subcontractors do the same.

12.30.090 – Permittees’ Indemnification and Insurance
(a) Where the insurance conditions stated below conflict with franchise provisions or other agreement between a Permittee and the City or state, the franchise’s provisions or other agreement shall control.

(b) To the maximum extent allowed by law, Permittee and Licensee 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’s 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 ROW 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 Indemnitees’ sole negligence, willful misconduct, or criminal acts.

(c) 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 or Agreement issued pursuant to this Chapter.

(d) Permittee and their contractors who perform ROW work shall secure a policy of broad form commercial general liability insurance naming City as additional insured in an amount not less than two million dollars ($2,000,000.00) per occurrence, or as approved by 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 ROW. All contractors’ policies secured in compliance with this condition shall be in effect for the duration of contractor’s work in the ROW; all Permittees’ policies secured in compliance with this condition shall be in effect for as long as the encroachment remains in the ROW.

(e) Permittee and their contractors performing work in the ROW shall furnish to the City, and file with the City Clerk a corporate surety bond guaranteeing the faithful performance of the construction of such work and a separate bond to secure claims payments 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 construction costs of the

work to be performed in the ROW. All bonds shall be issued by a corporate surety admitted in the State of California and shall name the City as a co-obligee.

12.30.100 – Terms and Conditions, Permits Generally
(a) As a condition of the Permit, Permittee shall provide evidence of a regional notification center-issued (e.g., Underground Service Alert, USA) inquiry identification number pursuant to California Government Code Section 4216.

(b) All application materials are incorporated by reference into the Permit; and all representations made within the application are conditions of Permit approval.

(c) Permit duration shall be indicated on the Permit:
(1) All Permits shall include estimated start and completion dates. A Permit is valid from the construction’s start date specified on the approved Permit until the specified completion date.
(2) Permits are not valid if there is failure to: obtain other, required Permits; or to provide required notifications.
(3) No traffic disruptions allowed before 8:00 a.m. and after 4:00 p.m. unless specifically approved.
(4) Some Permits may be valid on specific dates and approved with special conditions:
(A) When work shall occur.
(B) When work shall be completed.
(C) Before which work shall not start.
(5) Permits expire and become void, unless otherwise amended:
(A) Sixty (60) days after the start date if no work has commenced. (B) If work does not proceed diligently, and if delays exceed four (4) working days once the work begins, unless the delay is caused by weather or other circumstances beyond the Permittee’s control.
(C) When the excavation, including trench restoration, is completed; or on the date the Permit specifies as the Permit expiration date. (6) Work proceeds diligently if:
(A) After a project begins, work continues regularly, except on: weekends and holidays; during inclement weather, labor disputes, or any emergency beyond Permittee’s control.
(B) Permittee ensures that all necessary materials and supplies are at hand and ready for use to avoid delaying the excavation and to ensure the prompt restoration of the ROW.

(d) Termination. An Encroachment Permit shall terminate on the date specified therein, or upon abandonment of the Facilities and/or structures constructed pursuant to such Permit. If the Encroachment Permit specifies no date, the Permit shall be considered of indeterminate duration.

(e) Extension. A Permittee may extend a valid Permit by requesting an extension prior to the Permit’s expiration date. Said request shall specify the change of date(s) and detailed reason(s) for the extension. The City Engineer reserves the right to deny the extension request.

(f) Renewal. A renewal application, supporting materials, and fee must be submitted at least sixty (60) days prior to the termination date an 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 City abatement pursuant to any applicable provision of law, including but not limited to RMC Chapter 9 22.

(g) Fees. Permit fees are due at the time the Permit issues. (1) Permit-application processing fees are non-refundable. (2) Prior to Permit issuance, all past due fees, fines, and penalties must be paid. (3) If a Permit violation occurs, the City will not process other application(s) until payment of all fines and penalties and until all Permit conditions have been met.
(4) If a permit application is withdrawn or if an approved permit is cancelled prior to the start of work, the Applicant or Permittee may request a refund of bond funds. To request a refund, submit a written request to the City Engineer, which shall include: The reason for cancellation or withdrawal and the Permit number.

(h) If an account is past due, or not in good standing, a Permit will not issue until the account is brought into good standing with all fees and fines remitted.

12.30.110 – Notice Requirements
(a) All Encroachment Permits and Licenses (Agreements) shall require Notice as follows:
(1) Applications: For applications that propose an aboveground encroachment, City 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 ROW, describing the proposed encroachment and its location, and providing an opportunity to submit written comments regarding the application to the City Engineer within fifteen (15) days from the date of the letter and prior to the City 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.

(2) Generally. Excepting necessary emergency repairs, at least forty-eight (48) hours before commencing any work, which will obstruct or impede the flow of vehicular and/or pedestrian traffic, Permittee shall post notifications within the affected area to the satisfaction of City Engineer.

(3) Permitted Work. Permittee shall provide public notifications when excavating in the ROW as follows:

(A) Minor projects lasting longer than forty-eight (48) hours but fewer than fifteen (15) working days shall provide posters sized eleven-by-seventeen inches (11” x 17”) with one (1)-inch minimum-sized letters. Posters shall be displayed at the project’s initial and terminal point(s) and every 300 feet in between.

(B) Posters must contain:
(i) Permittee’s name(s), address(es), and telephone number(s); and
(ii) Project’s start and completion date(s).

(C) For Major Projects lasting fifteen (15) working days or longer, Permittee shall do all the following:
(i) After Permit issuance, and at least five (5), but no more than thirty (30) calendar days, before the anticipated start date of work, Permittee shall mail or deliver written notice to:
(1) Residents and occupants along the affected street;
(2) Schools, churches, and other assembly uses within three hundred (300) feet of the affected street; and
(3) The City’s Engineering Services and Public Works
Department(s)
(ii) At least five (5) calendar days, but not more than fifteen (15) calendar days, prior to starting work: Permittee shall post and maintain notices in accordance with paragraph (3)(a) above. The notices must be sized eleven by seventeen inches (11” x 17”) and shall contain:
(1) Permittee’s name(s), address(es), and telephone
number(s);
(2) Project description;
(3) Project start and completion date(s);
(4) Project contact person’s name, address and twenty-four (24)-hour telephone number.

PART 2 – STREETS AND PAVING

In addition to the requirements in Sections 12.30.020 through 12.30.110, above, the following shall be required for Permits involving Streets and Paving, including but not limited to excavations.

12.30.120 – Newly Constructed or Resurfaced Streets – 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 following street-overlay completion; an overlay is at least one-half (½)-inch-thick asphalt layer. For streets with Chip Seal, Slurry Seal Coating, or Micro Paving with less than one-half (½)-inch of new pavement, the prohibition period shall be three (3) years.

Permittees shall perform advanced planning to determine alternate methods of necessary repairs to avoid excavating in newly resurfaced streets. Exceptions to the above policy are:
(1) Emergencies endangering life or property.
(2) Interruption of essential utility service.
(3) Work mandated by City, state, or federal law(s).
(4) Building service where no other reasonable means of providing service exists. (5) Situations in which no alternative course of action exists, as determined by the City Engineer in writing and setting forth facts concluding that no alternative exists.

(b) Prohibition Street excavations shall require a waiver. (1) To request a waiver, Permittee shall submit a written request to the City Engineer that includes all the following:
(A) Excavation location;
(B) Description of the work to be performed;
(C) Reason(s) the work was not performed before the street was paved; (D) Reason(s) the work cannot be deferred until after the Prohibition Period;
(E) Reason(s) the work cannot be performed at another location; and (F) Reason(s) that justify the excavation of a Prohibition Street.

(2) Any Prohibition Street excavations will be repaired with full lane-width paving on the street as follows (refer also to Section 12.30.150, Paving):
(A) Overlaid or reconstructed streets: All lanes that are affected shall be ground down two (2) inches and repaved with two (2) inches of asphalt concrete, OR all affected lanes shall be resurfaced pursuant to Section

12.30.150, Paving.

(B) Slurry Sealed, Chip Sealed, or Micro Surfaced streets: All affected lanes shall be resurfaced pursuant to Section 12.30.150, Paving.

(C) If a lateral-cut excavation, a minimum of one (1)-foot on either side of the trench shall be resurfaced. For longitudinal trenches, the entire length shall be resurfaced plus one (1) foot on either end.

(D) Exception: Full lane-width restoration shall not be required if either of the following applies:
(i) The work is not defined as an excavation in Section 12.30.010.

(ii) The work is performed on behalf of a low-income household to bring an owner-occupied, single-family residence into compliance with sanitary sewer regulations at any time other than as part of the residence’s sale. Low-income is defined as eighty percent (80%) of area median family income. This exception’s purpose is to prevent hardship to property owners with limited means, and it shall be interpreted and applied solely to achieve that purpose.

(3) Before a Permit issues for Prohibition Street work, City Engineer will verify that Applicant analyzed all feasible alternatives for necessary repairs using a trenchless method in Prohibition Streets to avoid excavating a newly resurfaced street whenever possible.

12.30.130 – Excavation Material
(a) Pavement shall be cut to a straight, neat, vertical line prior to excavation.

(b) All excavated material shall be removed from the job site within twenty-four (24) hours.

(c) Every trench shall be backfilled or covered by trench plates daily. The City may issue administrative citations or may pursue other legal remedies if trenches are improperly covered or not backfilled in a timely manner. Backfill must meet the requirements specified in Section 12.30.140.

12.30.140 – Backfill
(a) 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’s Standard Plans and Specifications. Backfill compaction shall accord with the City’s Standards.

(b) When undermining occurs, existing pavement shall be removed as required to compact the backfill and to restore pavement.

(c) An independent laboratory shall certify compaction tests. The test results shall be submitted to the City Engineer who may require the Contractor to recompact and retest until the test results show achievement of proper compaction.

12.30.150 – Paving
(a) Trenches shall be paved in accordance with the City’s 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’s Standards, to a vertical face. The cut shall be a “T-Cut” according to City’s Standards, and the new asphalt concrete paving shall be butt-joined to the existing asphalt concrete vertical face. Neither new nor existing paving shall be feathered.

Vertical faces shall be tack-coated. In Prohibition Streets, a paving machine or a spreader box shall place the final two (2) inches of asphalt concrete wearing surface.

Asphalt concrete shall be delivered and compacted in accordance with the City’s Standard Plans and Specifications.

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, or parallel, to original trench lines. No diagonal cuts shall be made. When two damaged pavement areas exit, any undamaged pavement area of three feet or less between the two damaged areas shall also be removed.

(b) Trenches in recently paved Prohibition Streets shall have the entire lane key-cut two (2)-inches deep and repaved with asphalt concrete, unless the Engineer provides written authorization to resurface with a polymer-modified slurry seal instead. When specifying the use of slurry seal instead of asphalt concrete, the Engineer’s authorization shall set forth the reasons for the specification.

(c) Trenches in recently slurry sealed Prohibition Streets shall have the entire lane resurfaced with polymer-modified slurry seal.

(d) Trenches in concrete streets shall be repaved with concrete. New pavement thickness shall equal the existing pavement’s thickness, with a minimum six (6)-inch thickness in the roadway.

(e) Trenches in arterial and collector streets shall be paved with not less than six (6)- inches of asphalt concrete; or to the existing pavement’s thickness, whichever is greater.

(f) Pavement shall be restored within fourteen (14) working days – and within thirty (30) working days for minor excavations – beginning from the time the entire trench is backfilled, absent an excused delay for circumstances beyond the contractor’s control, such as inclement weather.

(g) Asphalt pavement shall be compacted to obtain a ninety-five percent (95%) minimum relative compaction. The asphalt concrete wearing surface shall contain no irregularity exceeding five-sixteenths (5/16) of an inch in ten (10) feet within any direction.

(h) On all streets steel plates shall be used to facilitate traffic flow and to protect the excavation until restoration of finish pavement. Steel plates used to bridge street openings shall be ramped to the match the adjacent pavement’s elevation and be secured against any directional movement. Temporary ramps shall be constructed of asphalt and shall have a gradual, 30:1 slope or flatter using asphalt cutback.

(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.

(G) The Encroachment conflicts with a specific condition below, but the Encroachment is warranted due to special circumstances specifically identified and addressed in the Encroachment Agreement.

(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 one side;

(ii) More than eighteen (18) feet of two (2)-way street travel lanes, which includes space for a four (4)-foot sidewalk on one 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-G).

(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, REVOCATIONS, OTHER PENALTIES, AND

APPEALS

12.30.250 – Violations and Other Penalties.

Any violation of this Chapter may be enforced as an infraction, misdemeanor, or by any remedy available to City under 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:

(a) Fine. Whenever a City Inspector finds that anyone or any entity subject to this Chapter is placing, or has placed, an encroachment in the ROW without the appropriate Permit, the City Inspector will require (1) stop work, if construction is ongoing; (2) application for a Permit; and (3) payment of Permit fee and a fine equal to same;

(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.

When City Engineer finds that protection of public health or safety from imminent danger necessitates suspension of Encroachment Permit, City Engineer may suspend the Permit immediately, pending a hearing for remedial action or suspension.

12.30.260 – Procedures for Suspension or Revocation.
(a) Within three (3) working days of the emergency suspension 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.
(b) Within fifteen (15) days following service of written notice for either suspension or revocation, Permittee may file a request for hearing with the City Manager. City Manager shall schedule a hearing on the suspension or revocation within five (5) working days of receipt of a request for hearing.
(c) After the hearing, if City Manager finds that public health or safety requires correction or alteration of any condition caused by, or existing on the site of, the encroachment, City Manager shall issue one or more of the following:
(1) Order to correct any noncompliance;
(2) Revocation of the encroachment Permit;
(3) Continued suspension of the Encroachment Permit, until such time as the

dangerous condition is corrected;
(4) Modification or reinstatement of the Encroachment Permit, with necessary conditions to prevent public harm.
(d) City Manager, 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. City Manager’s decision may be appealed to the City Council by filing a written appeal with the City Clerk within ten (10) business days of the date notice of the decision is mailed to the Permittee.

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 12.29 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 - 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 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 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 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 facility, 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, 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 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 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) Emergencies that endanger life or property.
(2) Interruption of essential utility service.
(3) Work that is mandated by City, State, or Federal law.

(4) Service for buildings where no other reasonable means of providing service exists.
(5) 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) The location of the excavation.
(B) Description of the work to be performed.
(C) The reason(s) the work was not performed before the street was paved.
(D) The reason(s) the work cannot be deferred until after the prohibition period.
(E) The reason(s) the work cannot be performed at another location. (F) The reason(s) it is justified to excavate the prohibition street. paid and all permit conditions are met.
(f) 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.
(g) 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. (h) 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
Sewer Green
Temporary Survey Markings Pink

Proposed Excavation White
(i) 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. (j) 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. (k) 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.
(l) Pre-construction meeting:
(1) A pre-construction meeting shall be held for all projects that are scheduled to take longer than 15 working days to complete.
(2) The owner, contractor, any other agency that is involved and the City of Richmond shall attend this meeting.
(3) 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.
(4) The traffic control plan shall be approved prior to the pre-construction meeting.
(m) Permit duration shall be indicated on the permit:
(1) 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.
(2) Excavation permits are not valid if other required permits are not obtained or required notifications are not given.
(3) No disruption of traffic is allowed after 4:00 p.m. and before 8:00 a.m. unless specifically approved for these hours.
(4) Some permits may be valid on specific dates. They may be approved with special conditions specifying dates:
(A) When work shall be done.
(B) When work shall be completed.

(C) Before which work shall not start.
(5) Permits expire and become void, unless otherwise amended:
(A) Sixty (60) days after the start date, if no work has begun. (B) 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.
(C) 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) 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.
(B) 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) 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. (o) 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) To request a refund, submit a written request to the engineer. (2) The request shall include:
(A) The reason for cancellation or withdrawal.
(B) 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) To follow all laws, rules, regulations, and permit conditions. (2) To assure that their employees, contractors, and subcontractors, comply with all laws 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) 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. (r) The excavator shall provide public notifications when excavating 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) The names, address, and telephone number of the owner and the permittee.
(B) 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) Residents and occupants along the affected street.
(ii) Schools, churches, and other assembly uses within 300 feet of the affected street.
(iii) The City of Richmond Engineering Services and Public Works Departments.
(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) The name, address, and telephone number of the owner and the permittee.
(ii) A description of the project.
(iii) The start and completion dates of the project.
(iv) 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) Pavement shall be cut to a straight, neat, vertical line prior to excavation.

(b) All excavated material shall be removed from the job site within twenty-four (24) hours.
(c) 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 Section 12.29.060 of this chapter. (Ord. No. 39-09 N.S., § I, 12-1-2009)

12.29.060 - Backfill.
(a) 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. (b) When undermining occurs, remove existing pavement as required to compact the backfill and restore the pavement.
(c) 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) 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) For trenches in recently slurry sealed prohibition streets, the entire lane shall be resurfaced with polymer modified slurry seal.
(d) 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.
(e) 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).
(f) 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. (g) 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.
(h) 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. (i) All painted USA markings shall be removed by the permittee after the work has been completed.
(j) 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) Wearing surface defects—Remove and restore wearing surface. (2) Major defects—Excavate, remove and restore surface and base The permit inspector will determine the severity of the defect.

(b) Work not in compliance with the above requirements shall be rejected, removed, and redone by the permittee to the satisfaction of the engineer. (c) 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.
(d) 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. (e) 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) 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. (2) The repair or restoration by the City of Richmond does not relieve the responsible party from liability for future pavement failures. (3) 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.

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
Administrative citation

7. Improper trimming of trench. Administrative citation

8. Any trench left open after the allowed
work hours that is not backfilled and
covered.

Administrative citation

9. Improper public notice: no notice sign,
wrong information on sign/notice.

Administrative citation

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. 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:
(1) An order to correct any particular noncompliance.
(2) A revocation of the encroachment permit.

(3) A continued suspension of the encroachment permit, until such time as the dangerous condition is corrected.
(4) 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.
(c) Revocation. The engineer may recommend that the City Manager revoke a permit where he or she finds that:
(1) The permittee has violated any provision of this Code or conditions of the permit; or
(2) The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter; or
(3) 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
(4) The encroachment is causing the City to incur substantial additional maintenance costs; or
(5) 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)

SECTION 2.

SEVERABILITY CLAUSE If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause, or phrase SECTION 3.

This Ordinance shall be effective thirty (30) days after passage and adoption. First introduced at a regular meeting of the City Council of the City of Richmond held ___________, 2022, and finally passed and adopted at a regular meeting held __________, 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

_________________________________________

CLERK OF THE CITY OF RICHMOND (SEAL)

Approved:

___________________________
Mayor

Approved as to form:

____________________________
City Attorney

Chapter 12.30 – ENCROACHMENTS AND EASEMENTS IN THE PUBLIC RIGHTS OF WAY

12.30.010 – PURPOSE
The Public Rights-of-Way are unique, physically limited public resources held in trust for the public’s benefit, and they require proper management to maximize their efficiency and minimize the taxpayers’ costs; to protect against foreclosure of future economic expansion due to premature exhaustion of these resources; and to minimize the inconvenience to, and negative effects on, the public from use of these rights-of-way by individuals, contractors, utility companies, video service providers, utilities, special districts, et al.

To achieve this Chapter’s purpose, the City shall endeavor to coordinate its Capital Improvement Programs with those of Utility Companies and Franchisees with Facilities in, on, under, or above the Public Rights-of-Way. Information about planned work in the Right-of-Way shall be communicated as early in the process as possible.

Utility owners and franchisees should strive to coordinate street excavations to allow for simultaneous work and to prevent a street from multiple excavations within a twelve (12)-month period.

PART 1 - GENERAL

12.30.020 - Definitions
As used in this chapter:

“Agreement” means “Encroachment Agreement,” as defined below.

“Applicant” means any person, firm, partnership, association, corporation, company, entity, or organization who proposes to encroach upon a public place, right of way, sidewalk, or street and who has applied for a permit for the proposed encroachment, pursuant to the provisions of this chapter.

“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, Harbor 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 Projects” mean any city-funded construction or reconstruction, including but not limited to, public works projects and community facilities (e.g. libraries, community centers, et al.), excluding public/private partnerships.

“Communications service equipment” and “communications service facilities” mean the equipment and Facilities used by a video service provider to provide cable or video service.

“Easement” or “Easements” mean interest(s) in land of another entitling easement owner to limited use or enjoyment of other’s land, evidenced by an instrument recorded on and burdening the landowner’s title, and as provided in California Civil Code Section § 887.010, et seq.

“Encroach” or “Encroaching” means constructing or placing temporary or permanent structures, improvements, Facilities or materials in, on, over, or under any ROW or using any ROW so as to prevent, obstruct, or interfere with the normal use of that way. The right to encroach is in the nature of a license and is revocable by the City at any time as provided herein. Encroachment includes, but is not limited to, the performance of any of the following acts:
(a) Excavating or disturbing the ROW;

(b) Erecting or maintaining any post, sign, pole, fence, guardrail, wall, pipe, conduit, cable, wire, communication service equipment, or other Facility or structure on, over, or under a ROW;

(c) Planting any tree, shrub, grass or other growing thing within the ROW;

(d) Placing or leaving on the ROW any rubbish, brush, earth or other material;

(e) Constructing, placing, or maintaining on, over, under or within a ROW 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;

(f) Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to the ROW, which causes, or may cause, an encroachment.

“Encroachment Agreement” means a written, contractual license agreement between the City and a private landowner regarding the terms and conditions of a Facility in the ROW; and, which agreement is recorded on the property’s title and binding on its successors thereafter unless revoked by the City.

“Encroachment” means the act of encroaching, as defined above.

“Excavation” means any trench cuts within the street ROW 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.

“Facility” or “Facilities” mean 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 but not limited to: 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 ROW.

“Landowner” means any real-property owner abutting or adjacent to the ROW as defined herein.

“Licensee” means the “Permittee” under the Permit; or could be the person with the right to Encroach under an “Encroachment Agreement;” or the person with pre-existing or other Encroachment right(s) hereunder.

“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, Richmond Parkway, 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 Standard Plans and Details; the Caltrans Standard Specifications and Details; or Individual Contract Plans and Specifications.

“Micro Paving” (see “Slurry Seal” definition).

“Micro Surfacing” (see “Slurry Seal” definition).

“Parklet” is the use of existing parking spaces in the public street as non-exclusive outdoor dining spaces for restaurants on abutting properties. See RMC Chapter

14.46. “Permit” means any Permit referenced in, or required by, this Chapter.

“Permittee” or “Licensee” means any means any person, firm, partnership, association, corporation, company, entity, or organization who proposes to encroach upon a public place, right of way, sidewalk, or street, and who has been issued a permit for the proposed encroachment pursuant to the provisions of this Chapter, including any lawful successor, transferee, or assignee 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 or its officers, employees, or agents.

“Prohibition Street” means streets that have been reconstructed or resurfaced within the past three to five years (see Section 12.30.140, below).

“Public Right-of-Way” or “ROW” means the area in, upon, above, beneath, or across any land or interest therein 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 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.

“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 one-half (½)-inch thick.

“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 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.

“Street Overlay” means one or more courses of asphalt construction on an existing pavement; usually greater than one-half (½)-inch thick; and generally includes an asphalt leveling course to contour-correct old pavement.

“Street Vacation” means the complete or partial abandonment or termination of the public right to use a street, highway, or public service easement. A street or highway is defined as all or part of, or any right in, a state highway or other public highway, road, street, alley, trail, or other public right-of-way or easement.

“Public Service Easement” means an easement acquired for public use by dedication or otherwise, for sewers, pipelines, electrical or water transmission lines, storm drains, drainage canals, and other limited use public easements other than for street or highway purposes.

“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 company” shall mean any public utility company or entity authorized to work in the public right of way providing public utility services such as water, electricity, natural gas, telephone, and communication.

“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 ROW.

“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).

2.30.030 – Applicability and Exceptions
Any person must obtain a Permit or Agreement in accordance with this Chapter before placing any Encroachment in, on, over, or under any ROW within the City.

(a) For purposes of this Chapter, a person may include, but is not limited to: Video Service Provider, Utilities, and Special Districts; or construction by private contract of any work in the ROW (e.g., sewer laterals, et al.). Where the provisions conflict with franchise provisions or other agreement between a Permittee and the City or state, the franchise’s provisions or other agreement shall control.

(b) Notwithstanding subsection (a), above, no Permit or Agreement shall be required for any of the following:
(1) Actions of any City officer or employee engaged in the discharge of official duties;

(2) Performance of work under contracts to the City, including work for City project(s);

(3) Encroachments existing prior to this Chapter’s effective date; however, nothing in this Chapter shall preclude City Engineer from requiring an appropriate Permit or Agreement documenting the rights and obligations of the licensee, and any preexisting Encroachment remains subject to removal at any time when City

Engineer determines the Encroachment adversely affects the safety, capacity, or integrity of the ROW and interferes with public use;

(4) Maintenance or repair of existing pipes, Facilities, conduits, or other structures lawfully on, or under, a ROW where such maintenance or repair work will not disrupt traffic in an arterial or major arterial street;

(5) Emergency street cut or excavation in ROW to repair a broken or defective pipe, Facility, or conduit lawfully on, or under, a public arterial street, for the preservation of life and property when an urgent necessity arises, and City offices are closed. Reasonable vehicular and pedestrian barriers, or other traffic controls, shall be provided during the performance of these repairs. Person performing the repair work shall notify the City’s Engineering and Police Department(s) by telephone at the time any such repair work is commenced and must apply for a Permit within one (1) calendar day after City offices re-open;

(6) Planting, trimming, pruning or removal of any new or existing tree, shrub, or plant within the ROW where a Permit is issued for such work pursuant to the Code’s Chapter 10.08, and where no traffic lane closure is anticipated;

(7) Sidewalk cafes and restaurants, which shall be governed by the provisions and requirements of the Code’s Chapter 15.04;

(8) City Council-approved street closures for special events.

(c) Notwithstanding subsections (a) and (b), above, none of the provisions in this Chapter shall apply to “Part 3 – Private Landowner Encroachment(s) Into Unimproved Portions of the ROW” unless expressly stated.

(d) Any Encroachment that requires, but does not have, a Permit shall be deemed a violation of this Chapter and a public nuisance, which the City may abate pursuant to any applicable provision of law including, but not limited to, this Code’s Chapter 9.22.

12.30.040 – Permit Applications, Generally
(a) Any and all construction work, including but not limited to work involving streets and paving, including excavations and trenching, within the City’s ROW shall require an Encroachment Permit.

(b) For additional permit application requirements, et al. related to any excavation work within the City’s ROW, see Section 12.30.060 and Part 2 (“Streets and Paving”).

(c) Permit application(s) may be obtained from the City’s Engineering Services Department.

12.30.050 – Permit Application Requirements

(a) An application for an Encroachment Permit, including renewal of an existing Permit, shall be on a City Engineer-prescribed form. The Applicant shall sign the form, which shall include all the following materials unless the City Engineer provides a written waiver:
(1) Name, address, and telephone number of the Applicant; (2) Name, address, and telephone number of the contractor, if a contractor will perform any proposed work and contractor is not Applicant; (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(s) for the proposed work’s location; (6) Certificate of insurance from Applicant’s and/or contractor’s insurance carrier in a form satisfactory to the City, and which names the City as an additional insured;
(7) Key map and detailed improvement plan 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 and information the City Engineer requires. Unless exempted by State law, a California Registered Professional Civil Engineer shall prepare a detailed improvement plan;
(8) 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;
(9) Current maps and records of the underground Facilities at the site; (10) Encroachment Permit fee set forth in the City’s Master Fee Schedule. (11) A deposit sufficient to cover the cost of mailed notice if required.

(b) In signing the application, Applicant attests that all information in support of the application is true and correct. When Applicant submits a completed and signed application form, all supporting documents and information, and the required fee, the application will be deemed complete. The City Engineer shall act upon an application for an Encroachment Permit within sixty (60) days after the application is complete.

(c) Registration. Prior to applying for a Permit, the City may require an individual performing the encroachment work to register with the City for a Permit and to provide the following:
(1) Warranty Bond: a cash deposit equal to the greater of five-hundred dollars ($500.) or twenty-five percent (25%) of the work’s value. 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’s standards or Permit requirements;
(2) A current City Business License;
(3) Current Certificate of Insurance meeting the requirements of Section 12.30.090, below;
(4) 24-hour phone number for emergencies; and
(5) The name, telephone number, and mailing address (fax number, cell phone, and e-mail address if available) of the individual who will receive all City

correspondence.

(d) As a condition of the Permit, Permittee shall provide evidence of a regional notification center-issued (e.g., Underground Service Alert, USA) inquiry identification number pursuant to California Government Code Section 4216.

(e) Permittees shall pay close attention to the location and alignment of all USA markings while performing their work.

USA Codes:

Electric: Red
Gas-Oil: Yellow
Communication-CATV: Orange
Water: Blue
Sewer: Green
Temporary Survey Markings: Pink
Proposed Excavation: White

(f) Excepting emergencies, Permits shall be pulled in advance of work. An emergency exists only for: life or property endangerment; 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.

(g) In an emergency occurs, Permittee shall notify the City, and apply for a Permit for “emergency work,” within four (4) hours after the City offices open.

(h) Pre-construction meeting:
(1) A pre-construction meeting shall be held for all projects scheduled to take more than fifteen (15) working days to complete.
(2) Meeting attendees shall include the owner, contractor, any other involved agency, and the City.
(3) The City may issue administrative citations if a project scheduled for completion within fifteen (15) days exceeds the fifteen-day timeline and a pre-construction meeting was not held
(4) The City shall approve the traffic control plan prior to the pre-construction meeting.

(i) By accepting a Permit, the Facility’s Permittee and/or Owner to whom the Permit has been issued agree to all the following:
(1) To follow all laws, rules, regulations, and Permit conditions. (2) To assure that their employees, contractors, and subcontractors, comply with all laws, rules, regulations, and Permit conditions.
(3) To indemnify the City against all claims for personal injury or property damage that may arise in connection with the work.

12.30.060 – Permit Application Requirements for Excavations

In addition to the general permit application requirements in Section 12.30.50, any permit application related to excavation work shall also be subject to the provisions of this section.

(a) Any excavation work within the City’s ROW shall require a Permit specifically for excavation in addition to other required Permits. The individual performing the work shall apply for the Permit.

(b) All Permit applications for excavation work shall include plans that indicate the following:
(1) Street name to be excavated and nearest cross street. (2) Distance of proposed excavation from face of curb. (3) Distance of proposed excavation from intersection. (4) Size of the excavation (length and width).
(5) Location of any aboveground Facilities to be installed, showing:
(A) Distance from curb and any street Facilities/furnishings. (B) Purpose of the Facility.
(C) Size of the Facility.
(D) Location of doors and door swings.
(6) Location of any existing and to-be-installed underground Facilities showing:
(A) Conduit vaults, maintenance holes, pipes, etc.
(B) Structural detail and additional information for structures to be installed such as vaults and maintenance holes.
(C) Construction method of the structure to be installed. (D) Construction detail, location, size, design criteria and the purpose of the Facility to be installed.
(7) Cross-section of a typical trench indicating:
(A) Approximate depth of the installed Facility.
(B) Trench-backfill depth, compaction, and layer depths. (C) Pavement section detail (type and depths).
(D) Plans, structural details, and trench cross-section must be signed and stamped by a licensed civil engineer, when legally required. (8) The plan may show the approximate excavation location, provided that the excavation’s exact location is shown on the “as- built” plan. These “as-built” plans shall be submitted prior to the City’s Permit finalization.

(c) If Permittee damages other Facilities during excavation work, Permittee will need a separate Permit to repair the damaged Facility with additional excavation and trenching.

Permittee shall maintain the site and restore the pavement and any affected signage or striping.
(d) For permit expiration, see Section 12.30.100(c)(5), et seq. (e) For notice requirements, see Section 12.30.110, et seq.

12.30.070 – Permits and Encroachment Agreements - City’s Rights and Privileges, Generally
(a) At City’s request, Permittee shall relocate, remove, or abandon the encroachment at their sole expense for any of the following reasons, unless this requirement conflicts with any applicable local Code, state statute, or franchise agreement:

(1) City requires construction, reconstruction, or maintenance work (collectively, “work”) in the ROW that necessitates relocation, removal, or abandonment of an encroachment; or

(2) ROW placement of structures and/or Facilities conflicts with City construction, reconstruction, or maintenance work therein.

(b) When City requires relocation, City Engineer shall give Permittee written notice designating a reasonable time for encroachment relocation or removal, and Permittee shall act accordingly and to City Engineer’s satisfaction. In determining a reasonable time under this Section, City Engineer shall consider the following: nature of the encroachment, urgency of removal need; cost of removal, difficulty of removal; value of the property to the owner, and any other pertinent facts.

(c) City Engineer reserves the right to suspend the Encroachment Permit or Agreement to protect the public from danger and to take such action necessary to correct the danger-posing condition. In the event of suspension, City Engineer shall notify the Permittee and provide opportunity for hearing.

(d) City Engineer may require other reasonable conditions, including installation of Facilities or structures to address accessibility and drainage to protect the public health, safety, and welfare.

(e) City reserves the right to inspect any structure or Facility in ROW

(f) The City Engineer shall approve an Encroachment Permit upon making the following findings, and Permittees shall be subject to the relevant requirements of this Chapter and to all the following conditions, as applicable:

(1) Findings.
(A) Proposed encroachment contains no potential to cause a significant environmental effect(s); nor will it be detrimental to public’s health, safety, and welfare;

(B) Complete application contains all necessary, supporting information;

(C) Applicant made reasonable efforts to erect, construct, use, operate, and/or maintain underground Facilities; provided, however, from and after the effective date of an underground utility district establishment, the Applicant shall erect, construct, use, operate, and maintain its Facilities underground. Where

undergrounding is not feasible (excepting 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) Proposed Facilities’ location is the best available option to minimize adverse impacts on the use of the ROW and on adjoining properties;

(E) If application is for Permit renewal, Permittee has complied, and is in compliance with, current Permit and its conditions;

12.30.080 – Permits - Permittee’s and Licensee’s Obligations, Generally (a) The Permittee shall:
(1) Provide accurate, detailed information regarding the location of existing and proposed structures in the ROW at the request of any person contracted to perform work in/on ROW;

(2) Timely correct any maintenance or operational deficiencies;

(3) Produce current, complete, and accurate maps, plans, diagrams, and records pertaining to any structure or Facility installed in the ROW within ten (10) business days of City’s request;

(4) Complete installation or construction of structures and Facilities in the ROW and all construction-related damage to the ROW shall be repaired within two (2) years from the date the Encroachment Permit or Agreement issues. Exception:

City Engineer may grant written extension of the time to complete installation, construction, or repair for good cause;

(5) Operate and use structures and Facilities in the ROW solely and exclusively for the purposes and uses as stated in the application;

(6) Not alter the purpose, use, or operator of the structures and Facilities without transfer approval;
A. Exception: any Landowner Encroachment Agreement shall be binding upon, and inure to the benefit of, Permittee’s successors in interest, heirs, or devisees.
(7) At their own expense, restore ROW to the same or better condition than before installation of at their own expense, restore ROW to the same or better condition than before installation of Facilities or structures upon removal or abandonment of same;
A. Failure to restore ROW may be deemed a violation of this Chapter and a public nuisance subject to City abatement pursuant to any applicable provision of law, including but not limited to RMC Chapter 1.04. (8) During construction, Permittee shall do all the following:
(A) Maintain a copy of Permit issued pursuant to this Chapter at the job site

during work periods until project completion and City Engineer approval.

Permit(s) shall be shown to City employees upon request; (B) Provide City Engineer-approved, appropriate traffic warnings, safeguards, and controls;
(C) Provide temporary pedestrian-access Facilities as necessary to comply with local, state and federal law(s), including the Americans with Disabilities Act, and with the written direction of the City Engineer, if any. (D) Maintain all structures, Facilities, and landscaping within the encroachment area in a safe and clean manner and shall observe and enforce all applicable local, State, and Federal safety orders, rules, and regulations at all times. (E) Promptly remove all graffiti on any structure or Facility within the encroachment area.
(F) Notify the City’s Police Department and the City Engineer, and shall promptly repair, any damage to structures or Facilities caused by criminal activity, including, but not limited to, copper theft.

(9) As may be required by California Government Code Section 4216 et seq., Permittee shall contact Underground Service Alert (USA) prior to commencing, and as appropriate during, any Permitted work.

(10) It shall be unlawful for Permittee to erect, construct, use, operate or maintain their Facilities aboveground whenever any area of the City is declared as an underground utility district.

(11) 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 ROW.

(12) 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 ROW; the City’s management and use of the ROW, and the rights or reasonable convenience of property owners adjoining the ROW.

(13) Comply with all laws, rules, regulations, and Permit conditions and assure that their employees, contractors, and subcontractors do the same.

12.30.090 – Permittees’ Indemnification and Insurance
(a) Where the insurance conditions stated below conflict with franchise provisions or other agreement between a Permittee and the City or state, the franchise’s provisions or other agreement shall control.

(b) To the maximum extent allowed by law, Permittee and Licensee 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’s 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 ROW 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 Indemnitees’ sole negligence, willful misconduct, or criminal acts.

(c) 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 or Agreement issued pursuant to this Chapter.

(d) Permittee and their contractors who perform ROW work shall secure a policy of broad form commercial general liability insurance naming City as additional insured in an amount not less than two million dollars ($2,000,000.00) per occurrence, or as approved by 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 ROW. All contractors’ policies secured in compliance with this condition shall be in effect for the duration of contractor’s work in the ROW; all Permittees’ policies secured in compliance with this condition shall be in effect for as long as the encroachment remains in the ROW.

(e) Permittee and their contractors performing work in the ROW shall furnish to the City, and file with the City Clerk a corporate surety bond guaranteeing the faithful performance of the construction of such work and a separate bond to secure claims payments 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 construction costs of the work to be performed in the ROW. All bonds shall be issued by a corporate surety admitted in the State of California and shall name the City as a co-obligee.

12.30.100 – Terms and Conditions, Permits Generally
(a) As a condition of the Permit, Permittee shall provide evidence of a regional notification center-issued (e.g., Underground Service Alert, USA) inquiry identification number pursuant to California Government Code Section 4216.

(b) All application materials are incorporated by reference into the Permit; and all representations made within the application are conditions of Permit approval.

(c) Permit duration shall be indicated on the Permit:
(1) All Permits shall include estimated start and completion dates. A Permit is valid from the construction’s start date specified on the approved Permit until the specified completion date.

(2) Permits are not valid if there is failure to: obtain other, required Permits; or to provide required notifications.
(3) No traffic disruptions allowed before 8:00 a.m. and after 4:00 p.m. unless specifically approved.
(4) Some Permits may be valid on specific dates and approved with special conditions:
(A) When work shall occur.
(B) When work shall be completed.
(C) Before which work shall not start.
(5) Permits expire and become void, unless otherwise amended:
(A) Sixty (60) days after the start date if no work has commenced. (B) If work does not proceed diligently, and if delays exceed four (4) working days once the work begins, unless the delay is caused by weather or other circumstances beyond the Permittee’s control.
(C) When the excavation, including trench restoration, is completed; or on the date the Permit specifies as the Permit expiration date. (6) Work proceeds diligently if:
(A) After a project begins, work continues regularly, except on: weekends and holidays; during inclement weather, labor disputes, or any emergency beyond Permittee’s control.
(B) Permittee ensures that all necessary materials and supplies are at hand and ready for use to avoid delaying the excavation and to ensure the prompt restoration of the ROW.
(d) Termination. An Encroachment Permit shall terminate on the date specified therein, or upon abandonment of the Facilities and/or structures constructed pursuant to such Permit. If the Encroachment Permit specifies no date, the Permit shall be considered of indeterminate duration.

(e) Extension. A Permittee may extend a valid Permit by requesting an extension prior to the Permit’s expiration date. Said request shall specify the change of date(s) and detailed reason(s) for the extension. The City Engineer reserves the right to deny the extension request.

(f) Renewal. A renewal application, supporting materials, and fee must be submitted at least sixty (60) days prior to the termination date an 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 City

abatement pursuant to any applicable provision of law, including but not limited to RMC Chapter 9 22.

(g) Fees. Permit fees are due at the time the Permit issues. (1) Permit-application processing fees are non-refundable. (2) Prior to Permit issuance, all past due fees, fines, and penalties must be paid. (3) If a Permit violation occurs, the City will not process other application(s) until payment of all fines and penalties and until all Permit conditions have been met.
(4) If a permit application is withdrawn or if an approved permit is cancelled prior to the start of work, the Applicant or Permittee may request a refund of bond funds. To request a refund, submit a written request to the City Engineer, which shall include: The reason for cancellation or withdrawal and the Permit number.

(h) If an account is past due, or not in good standing, a Permit will not issue until the account is brought into good standing with all fees and fines remitted.

12.30.110 – Notice Requirements
(a) All Encroachment Permits and Licenses (Agreements) shall require Notice as follows:
(1) Applications: For applications that propose an aboveground encroachment, City 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 ROW, describing the proposed encroachment and its location, and providing an opportunity to submit written comments regarding the application to the City Engineer within fifteen (15) days from the date of the letter and prior to the City 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.

(2) Generally. Excepting necessary emergency repairs, at least forty-eight (48) hours before commencing any work, which will obstruct or impede the flow of vehicular and/or pedestrian traffic, Permittee shall post notifications within the affected area to the satisfaction of City Engineer.

(3) Permitted Work. Permittee shall provide public notifications when excavating in the ROW as follows:

(A) Minor projects lasting longer than forty-eight (48) hours but fewer than fifteen (15) working days shall provide posters sized eleven-by-seventeen inches (11” x 17”) with one (1)-inch minimum-sized letters. Posters shall be displayed

at the project’s initial and terminal point(s) and every 300 feet in between.

(B) Posters must contain:
(i) Permittee’s name(s), address(es), and telephone number(s); and
(ii) Project’s start and completion date(s).

(C) For Major Projects lasting fifteen (15) working days or longer, Permittee shall do all the following:
(i) After Permit issuance, and at least five (5), but no more than thirty (30) calendar days, before the anticipated start date of work, Permittee shall mail or deliver written notice to:
(1) Residents and occupants along the affected street;
(2) Schools, churches, and other assembly uses within three hundred (300) feet of the affected street; and
(3) The City’s Engineering Services and Public Works
Department(s)
(ii) At least five (5) calendar days, but not more than fifteen (15) calendar days, prior to starting work: Permittee shall post and maintain notices in accordance with paragraph (3)(a) above. The notices must be sized eleven by seventeen inches (11” x 17”) and shall contain:
(1) Permittee’s name(s), address(es), and telephone
number(s);
(2) Project description;
(3) Project start and completion date(s);
(4) Project contact person’s name, address and twenty-four (24)-hour telephone number.

PART 2 – STREETS AND PAVING

In addition to the requirements in Sections 12.30.020 through 12.30.110, above, the following shall be required for Permits involving Streets and Paving, including but not limited to excavations.

12.30.120 – Newly Constructed or Resurfaced Streets – 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 following street-overlay completion; an overlay is at least one-half (½)-inch-thick asphalt layer. For streets with Chip Seal, Slurry Seal Coating, or Micro Paving with less than one-half (½)-inch of new pavement, the prohibition period shall be three (3) years.

Permittees shall perform advanced planning to determine alternate methods of

necessary repairs to avoid excavating in newly resurfaced streets. Exceptions to the above policy are:
(1) Emergencies endangering life or property.
(2) Interruption of essential utility service.
(3) Work mandated by City, state, or federal law(s).
(4) Building service where no other reasonable means of providing service exists. (5) Situations in which no alternative course of action exists, as determined by the City Engineer in writing and setting forth facts concluding that no alternative exists.

(b) Prohibition Street excavations shall require a waiver. (1) To request a waiver, Permittee shall submit a written request to the City Engineer that includes all the following:
(A) Excavation location;
(B) Description of the work to be performed;
(C) Reason(s) the work was not performed before the street was paved; (D) Reason(s) the work cannot be deferred until after the Prohibition Period;
(E) Reason(s) the work cannot be performed at another location; and (F) Reason(s) that justify the excavation of a Prohibition Street.

(2) Any Prohibition Street excavations will be repaired with full lane-width paving on the street as follows (refer also to Section 12.30.150, Paving):
(A) Overlaid or reconstructed streets: All lanes that are affected shall be ground down two (2) inches and repaved with two (2) inches of asphalt concrete, OR all affected lanes shall be resurfaced pursuant to Section

12.30.150, Paving.

(B) Slurry Sealed, Chip Sealed, or Micro Surfaced streets: All affected lanes shall be resurfaced pursuant to Section 12.30.150, Paving.

(C) If a lateral-cut excavation, a minimum of one (1)-foot on either side of the trench shall be resurfaced. For longitudinal trenches, the entire length shall be resurfaced plus one (1) foot on either end.

(D) Exception: Full lane-width restoration shall not be required if either of the following applies:
(i) The work is not defined as an excavation in Section 12.30.010.

(ii) The work is performed on behalf of a low-income household to bring an owner-occupied, single-family residence into compliance with sanitary sewer regulations at any time other than as part of the residence’s sale. Low-income is defined as eighty percent (80%) of area median family income. This exception’s purpose is to prevent hardship to property owners with limited means, and it shall be interpreted and applied solely to achieve that purpose.

(3) Before a Permit issues for Prohibition Street work, City Engineer will verify that Applicant analyzed all feasible alternatives for necessary repairs using a trenchless method in Prohibition Streets to avoid excavating a newly resurfaced street whenever possible.

12.30.130 – Excavation Material
(a) Pavement shall be cut to a straight, neat, vertical line prior to excavation.

(b) All excavated material shall be removed from the job site within twenty-four (24) hours.

(c) Every trench shall be backfilled or covered by trench plates daily. The City may issue administrative citations or may pursue other legal remedies if trenches are improperly covered or not backfilled in a timely manner. Backfill must meet the requirements specified in Section 12.30.140.

12.30.140 – Backfill
(a) 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’s Standard Plans and Specifications. Backfill compaction shall accord with the City’s Standards.

(b) When undermining occurs, existing pavement shall be removed as required to compact the backfill and to restore pavement.

(c) An independent laboratory shall certify compaction tests. The test results shall be submitted to the City Engineer who may require the Contractor to recompact and retest until the test results show achievement of proper compaction.

12.30.150 – Paving
(a) Trenches shall be paved in accordance with the City’s 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’s Standards, to a vertical face. The cut shall be a “T-Cut” according to City’s Standards, and the new asphalt concrete paving shall be butt-joined to the existing asphalt concrete vertical face. Neither new nor existing paving shall be feathered.

Vertical faces shall be tack-coated. In Prohibition Streets, a paving machine or a spreader box shall place the final two (2) inches of asphalt concrete wearing surface.

Asphalt concrete shall be delivered and compacted in accordance with the City’s Standard Plans and Specifications.

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, or parallel, to original trench lines. No diagonal cuts shall be made. When two damaged pavement

areas exit, any undamaged pavement area of three feet or less between the two damaged areas shall also be removed.

(b) Trenches in recently paved Prohibition Streets shall have the entire lane key-cut two (2)-inches deep and repaved with asphalt concrete, unless the Engineer provides written authorization to resurface with a polymer-modified slurry seal instead. When specifying the use of slurry seal instead of asphalt concrete, the Engineer’s authorization shall set forth the reasons for the specification.

(c) Trenches in recently slurry sealed Prohibition Streets shall have the entire lane resurfaced with polymer-modified slurry seal.

(d) Trenches in concrete streets shall be repaved with concrete. New pavement thickness shall equal the existing pavement’s thickness, with a minimum six (6)-inch thickness in the roadway.

(e) Trenches in arterial and collector streets shall be paved with not less than six (6)- inches of asphalt concrete; or to the existing pavement’s thickness, whichever is greater.

(f) Pavement shall be restored within fourteen (14) working days – and within thirty (30) working days for minor excavations – beginning from the time the entire trench is backfilled, absent an excused delay for circumstances beyond the contractor’s control, such as inclement weather.

(g) Asphalt pavement shall be compacted to obtain a ninety-five percent (95%) minimum relative compaction. The asphalt concrete wearing surface shall contain no irregularity exceeding five-sixteenths (5/16) of an inch in ten (10) feet within any direction.

(h) On all streets steel plates shall be used to facilitate traffic flow and to protect the excavation until restoration of finish pavement. Steel plates used to bridge street openings shall be ramped to the match the adjacent pavement’s elevation and be secured against any directional movement. Temporary ramps shall be constructed of asphalt and shall have a gradual, 30:1 slope or flatter using asphalt cutback.

(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.