Agenda, second session — Richmond City Council, July 19, 2022 (part 1 of 6)

MEETING(S) - (Meetings are virtual)

REGULAR RICHMOND CITY COUNCIL AGENDA

Tuesday, July 19, 2022, 5:00 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
Members:

Thomas K. Butt, Mayor
Demnlus Johnson III, Councilmember at Large
NathanielBates, Councilmember at Large
Claudia Jimenez, Councilmember District 6
Eduardo Martinez, Vice Mayor at Large
Melvin Willis, Councilmember District 1
Gayle McLaughlin, Councilmember District 5
Link to City Council Agendas/Packets
http://www.ci.richmond.ca.us/4157/City-ofRichmond-Council-Meetings Register to receive notification of new agendas, etc.
http://www.ci.richmond.ca.us/list.aspx

CORONAVIRUS DISEASE (COVID-19) ADVISORY

PURSUANT to the Governor of the State of California’s Assembly Bill 361 and in the interest of the public health and safety, attendance at the City of Richmond City Council meeting will be limited to Council members, essential City of Richmond staff, and members of the news media. Public comment will be confined to items appearing on the agenda and will be limited to the methods provided below.

How to watch the meeting from home:

KCRT – Comcast Channel 28 or AT&T Uverse Channel 991.

Livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live2.

Public comment may be submitted by mail, eComment, email and/or Zoom video conference in the manner that follows, provided that no member of the public may submit more than one verbal comment per agenda item.

Via mail: received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.

Via eComments: eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. eComments can be viewed by the City Council and members of the public as they are submitted.

Email your comment to [email protected] should you have difficulty submitting an eComment during a meeting.

Via email: to [email protected] by 1:00 p.m. the day of the meeting.

Emails MUST contain in the subject line 1) public comments – Open Session prior to Closed Session; 2) public comments – Open Forum; or 3) public comments agenda item #__ [include the agenda item number]. All such email with correctly labeled subject lines will be posted on-line and emailed to the City Council before the meeting is called to order. Email received after 1:00 p.m. will be posted on-line following the meeting as part of the supplemental materials attached to the meeting minutes.

Via Zoom by video conference: for Open Session and City Council: Please click the link below to join the webinar:
https://zoom.us/j/99312205643?pwd=MDdqNnRmS2k4ZkRTOWhlUldQOUF1Zz09 Passcode: ccmeeting

By iPhone one-tap: US: +16699006833,,99312205643# or +13462487799,,99312205643# By Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 900

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6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592 Webinar ID: 993 1220 5643
International numbers available: https://zoom.us/u/aehrwCgISx

To comment by video conference: click on the Participants button at the bottom of your screen and select the “Raise Your Hand” button to request to speak when Public Comment is being asked for. When called upon, press the unmute button. After the allotted time, you will then be re-muted. **

To comment by phone: you will be prompted to “Raise Your Hand” by pressing “*9” to request to speak when Public Comment is asked for. When called upon, you will be asked to unmuted by pressing *6. After the allotted time, you will then be re-muted. Instructions of how to raise your hand by phone are available at:
https://support.zoom.us/hc/en-us/articles/201362663 -Joining-a-meeting-by-phone. **

**The mayor will announce the agenda item number and open public comment when appropriate.

The City cannot guarantee that its network and/or the site will be uninterrupted. To ensure that the City Council receives your comments, you are strongly encouraged to submit your comments in writing in advance of the meeting.

AB 361 Procedures in the Event of Technical Difficulties: In the event the meeting broadcast is disrupted, or if a technical issue on the agency's end disrupts public participation, the legislative body board cannot take any further action on the agenda until the technical issue is resolved.

Properly labeled public comments will be considered a public record, put into the official meeting record, available after the meeting as supplemental materials, and will be posted as an attachment to the meeting minutes when the minutes are posted: http://www.ci.richmond.ca.us/Archive.aspx?AMID=31.

Procedures for Removing Items from the Consent Calendar: Members of the public who request to remove an item from the consent calendar must first discuss the item with a staff member by phone or a back-and- forth email discussion, and state the name of the staff member when requesting removal of the item from the consent calendar (by 2 p.m. the day of the meeting).

Any member of the City Council who would like to remove an item from the consent calendar must notify the appropriate staff person and the City Clerk’s Office prior to the meeting. Although members of the City Council are encouraged to ask questions and share concerns with staff ahead of the meeting, they are not required to do so.

The Clerk’s Office must be informed of any requests to remove items from the Consent Calendar. Items removed from the Consent Calendar shall be placed at the end of the agenda for consideration.

Accessibility for Individuals with Disabilities: Upon request, the City will provide for written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to

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[email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509.

Requests made by mail to City Clerk’s Office, City Council meeting, 450 Civic Center Plaza, Richmond, CA 94804 must be received at least two days before the meeting. Requests will be granted whenever possible and resolved in favor of accessibility.

Effect of Advisory on In-person public participation: During the pendency of Assembly Bill 361, the language in this Advisory portion of the agenda supersedes any language contemplating in-person public comment.

Disclaimer: The City Clerk's Office translates agendas to enhance public access. Translated agendas are provided as a courtesy and do not constitute legal notice of the meeting or items to be discussed. In case of discrepancy, the English agenda will prevail.

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Pages
A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 5:00 p.m.

B. ROLL CALL
C. CLOSED SESSION
.

C.1. LIABILITY CLAIMS (Government Code Section 54956.9) GEICO•
C.2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) City of Long Beach v. Monsanto Company et al.•

C.3. CONFERENCE WITH LEGAL COUNSEL - ANTICPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
Two potential cases:•
Monsanto1.

Richmond Grown2.

C.4. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Representatives: Jaclyn Gross, Sharrone Taylor, Teresa Fairbanks
•
Employee organizations:

SEIU Local 1021 Full Time Unit and Part Time Unit1.

IFPTE Local 21 Mid-Level Management Unit and Executive
Management Units

2. Richmond Police Officers Association RPOA3.

Richmond Police Management Association RPMA4.

IAFF Local 1885.

Richmond Fire Management Association RFMA6.

C.5. PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957.6) Title: City Attorney•

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D. PUBLIC COMMENT BEFORE CLOSED SESSION
E. ADJOURN TO CLOSED SESSION
________________________________________________________

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F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
6:25 p.m.

G. ROLL CALL
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
I. STATEMENT OF CONFLICT OF INTEREST
J. REPORT FROM THE EXECUTIVE DIRECTOR
K. AGENDA REVIEW
L. HOUSING AUTHORITY CONSENT CALENDAR
L.1. Continued Use of Teleconferencing 13
ADOPT a resolution requiring the continued use of teleconferencing for the meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510-620-6513).

L.2. Housing Authority Minutes 17
APPROVE the minutes of the regular June 7, 2022, Richmond Housing Authority meeting and the special June 21, 2022, Richmond Housing Authority/City Council joint meeting - City Clerk's Office (Pamela Christian 510- 620-6513).

M. ADJOURNMENT
_______________________________________________________

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N. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.

O. ROLL CALL
P. STATEMENT OF CONFLICT OF INTEREST
Q. AGENDA REVIEW
R. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING

CLOSED SESSION
S. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) T. REPORT FROM THE REIMAGINING TASK FORCE - 3rd Tuesday (public comment allowed under Open Forum)
U. OPEN FORUM FOR PUBLIC COMMENT
V. CITY COUNCIL CONSENT CALENDAR
V.1. City Attorney's Office
V.1.a. Amendment of the Downey Brand Agreement 21
APPROVE a first amendment with Downey Brand in the amount of $120,000, for a not to exceed total amount of $160,000, for the Point Molate/Guidiville litigation – City Attorney’s Office (Dave Aleshire 510-620-6509).

V.2. City Clerk's Office
V.2.a. Continued Use of Teleconferencing 51
ADOPT a resolution requiring the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361 – City Clerk’s Office (Pamela Christian 510-620-6513).

V.2.b. City Council Minutes 55
APPROVE the minutes of the regular June 7, 21, and 28, 2022, City Council meetings and the special June 21, 2022, Richmond Housing Authority/City Council joint meeting - City Clerk's Office (Pamela Christian 510-620-6513).

V.3. City Council
V.3.a. Approval of the Agreement with Aleshire and Wynder for City Attorney Services
93 APPROVE a sole source legal services agreement with Aleshire and Wynder for City Attorney services, with an agreement term beginning July 1, 2022, with a quarterly cost of approximately $400,000, and a total of $1,600,000 per year; and APPOINT Dave Aleshire as City Attorney – Councilmembers Demnlus Johnson III (510-620-6861) and Gayle McLaughlin (510-620-6565), and Mayor Tom Butt (510- 620-6503).

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V.3.b. Explore the feasibility of implementing additional farmers markets, food hubs, and/or Foodieland events on a reoccurring basis 123
DIRECT staff to come back to the City Council in October of 2022 with a presentation that includes a menu of opportunities for the Council to examine for recurring open market food events in Richmond - Councilmember Gayle McLaughlin (510-620-6636).

V.4. City Manager's Office
V.4.a. Approve a Lease Amendment with Richmond Grown LLC 126 APPROVE a lease agreement amendment with Richmond Grown, LLC. extending the term, modifying allowable uses, adding a sponsor program and modify sublease consent – City Manager’s Office (Lizeht Zepeda /James Atencio 620-6504/620-6653).

V.5. Economic Development
V.5.a. Consultant Services for Solid Waste Franchise Agreement Analysis and Recommendations
237
APPROVE a contract with R3 Consulting Group, Inc to provide analysis and recommendations regarding the City’s Solid Waste Franchise Agreement, in the amount not to exceed $136,735, with the contract term beginning July 20, 2022, and ending December 31, 2023 – City Manager’s Office, Economic Development (Shasa Curl/Samantha Carr 510-620-5407).

V.5.b. Professional Services to Develop and Provide Economic Analyses on Real Property Negotiations
323
APPROVE a second contract amendment with Land Econ Group in the amount of $50,000, for a total contract amount not to exceed $100,000, for professional services to develop and provide economic analyses on real property negotiations, for a term extending through June 30, 2024 – City Manager’s Office, Economic Development (Shasa Curl/Shané Johnson 510-620-6512).

V.6. Finance Department
V.6.a. Investment and Cash Balance Report, and Monthly Overtime Reports for the Month of May 2022
355
RECEIVE the City’s Investment and Cash Balance Report and monthly Overtime Reports for the month of May 2022 – Finance Department (Delmy Cuellar 510-620-6740).

V.6.b. Funding Strategy for Pension and OPEB Liability through a 115 Trust 370 APPROVE an agreement with PARS and the execution of all necessary agreements and plan documents associated with establishment of the new IRS approved PARS 115 Combination (OPEB & Pension) Trust – Finance Department (Anil Comelo 510- 620-6600/Delmy Cuellar 510-620-6790).

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V.6.c. Ordinance Allowing for the Credit of Rent Board Fees Paid by Landlords with Four or Fewer Rental Units Against the Gross Receipts Tax Obligation
408
ADOPT an ordinance (second reading) allowing landlords with four or fewer residential units to credit their paid Rent Board fees against their gross receipts tax obligation – Finance Department (Delmy Cuellar 510-620-6740/ Antonio Banuelos 510-620-6741).

V.7. Library and Community Services
V.7.a. Resolution to Accept and Appropriate Grant Funds Received from Janet Johnson with Sistas On The Links Golf Club for Instructional Summer Youth Golf Program at the Martin Luther King, Jr. Softball Field
412
ADOPT a resolution to ACCEPT and APPROPRIATE grant funds, in the amount of $3,500 from Sistas On The Links Golf Club, to fund a summer youth golf program at Martin Luther King, Jr. Park – Library and Community Services (LaShonda White/Ranjana Maharaj/Tetteh Kisseh 510-620-6919).

V.7.b. Approve a Fee Waiver Policy and Partnership Policy 417 APPROVE the City of Richmond’s fee waiver and partnership policies; and AUTHORIZE City staff to make administrative changes to both policies and corresponding applications, as necessary, to improve the successful implementation of both policies - Library and Community Services (LaShonda White/Ranjana Maharaj 510-620- 6828).

V.8. Mayor's Office
V.8.a. Appointment(s) to the Economic Development Commission 447 APPROVE appointment(s) to the Economic Development
Commission: APPOINT Nicole Reams, new appointment, seat #8, term expiration date March 30, 2025 – Mayor’s Office (Mayor Tom Butt 510-620-6503).

V.8.b. Appointment(s) to the Reimagining Public Safety Task Force 450 APPROVE appointment(s) to the Reimagining Public Safety Task Force: APPOINT Steve Bischoff, new appointment, term expiration date June 30, 2024 – Mayor’s Office (Mayor Tom Butt 510-620- 6503).

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V.9. Police Department
V.9.a. Approval of Agreement with Contra Costa County for Animal Services 452 APPROVE a two-year contract with Contra Costa County for animal services, with automatic renewal for successive three-year periods until either party terminates the contract, with an amount not to exceed $877,736 during Fiscal Year 2022-2023, and $1,003,284 during Fiscal Year 2023-2024, with a term beginning July 1, 2022, and ending June 30, 2024 - Police Department (Acting Chief Louie Tirona 510-621-1802).

V.9.b. Contract with Bay Area Marine Services (BAMS) 469 APPROVE a three-year contract with Bay Area Marine Services, in a total amount not to exceed $50,000, for repairs and maintenance to Richmond Police Department’s marine vessels, with a term beginning August 1, 2022, and ending July 31, 2025 – Police Department (Acting Chief Louie Tirona 510-621-1802).

V.9.c. Third contract amendment with Allied Universal Security to add services at Booker T. Anderson Community Center.
511
APPROVE a third contract amendment with Allied Universal for additional security guard services at Booker T. Anderson Community Center to increase the contract amount by $119,348.40, for a new total payment limit not to exceed $1,183,698.40, with a term expiring on December 31, 2022 – Police Department (Acting Chief Louie Tirona 510-621-1802).

V.10. Public Works
V.10.a. Pogo Park Contract Amendment for Harbour 8 Park Expansion 569 APPROVE a first contract amendment in the amount of $5,370,000 with Pogo Park for the construction phase of the Harbour 8 Park expansion project, for a total contract amount not to exceed $6,959,500, and a term extending through June 30, 2024 – Public Works Department (Joe Leach 510-620-5478/Greg Hardesty 510- 620-6920).

V.10.b. Final Approval of the Local Roadway Safety Plan 647 ADOPT a resolution approving the Local Roadway Safety Plan – Public Works Department (Joe Leach/Patrick Phelan 510-307-8111).

V.10.c. Resolution Accepting and Appropriating the Urban Flood Protection Grant Award
831
ADOPT a Resolution Accepting and Appropriating the Urban Flood Protection Grant Award of $1,598,844 for the Flood Risk Reduction in the Rheem Creek Watershed Project – Public Works Department (Joe Leach/Patrick Phelan 510-307-8111).

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V.10.d. Sole Source Contract with American Rivers in an amount not to exceed $300,500 for the Flood Risk Reduction in the Rheem Creek Watershed Project
886
ADOPT a resolution to approve a sole-source professional services contract with American Rivers in an amount not to exceed $300,500 for the grant-funded Flood Risk Reduction in the Rheem Creek Watershed Project – Public Works Department (Joe Leach/Patrick Phelan 510-307-8111).

W. PUBLIC HEARINGS
W.1. Ballot Approval to Renew the Downtown Richmond Property and Business Improvement District
959
ADOPT a resolution renewing the Downtown Richmond Property and Business Improvement District (DRPBID), approving the assessment formula, and levying the assessments – City Manager’s Office (Shasa Curl/Thomas Omolo/Lizeht Zepeda 510-620-6512). This item was continued from the July 5, 2022, meeting.

X. NEW BUSINESS
X.1. Information Item on Issuance of Taxable Pension Refunding Bonds, Series 2022 ("2022 Refunding Bonds")
1011
RECEIVE report, CONSIDER staff recommendations, and PROVIDE guidance on structuring the 2005 Pension Bond Refunding – Finance Department (Anil Comelo 510-620-6609/Delmy Cuellar 510-620-6790/Antonio Banuelos 510- 620-6741).

X.2. Rent Control Amendment for November 2022 Ballot 1059 DIRECT staff to prepare a resolution for the July 26, 2022, City Council agenda to submit to the City of Richmond electorate at the general Municipal Election to be held on November 8, 2022, an initiative to adjust the maximum allowable rent increase on rent-controlled units to 60 percent of CPI or three (3) percent (whichever is lower) - Councilmember Gayle McLaughlin (510-620-6636).

Y. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
Z. ADJOURNMENT
________________________

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July 19, 2022

City Clerk's Office

DATE: July 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Pamela Christian, City Clerk

Subject:
(This will appear on the agenda)
Continued Use of Teleconferencing
FINANCIAL IMPACT: There will be no fiscal impact associated with this action.

PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
December 21, 2021, January 18, 2022, February 15,
2022, March 15, 2022, April 19, 2022, June 21, 2022

STATEMENT OF THE
ISSUE:

In order for the Board of Commissioners of the Richmond Housing Authority to continue conducting virtual meetings and comply with the provisions of the Brown Act it is
necessary for the Board of Commissioners of the
Richmond Housing Authority to make findings verifying
the need for the continuation of virtual meetings.

RECOMMENDED ACTION:
(This will appear on the agenda)
ADOPT a resolution requiring the continued use of
teleconferencing for the meetings of the Board of
Commissioners of the Richmond Housing Authority
pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510-620-6513).

AGENDA
REPORT

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July 19, 2022
DISCUSSION:

Background
Beginning in March of 2020, the Governor issued a series of Executive Orders relaxing certain provisions of the Brown Act in response to the COVID-19 pandemic. In short, those orders allowed local governments to conduct their meetings 100% remotely, so long as members of the public still had the ability to view, listen and comment on items on the agenda. The most recent of these orders expired on September 30, 2021. On September 16, 2021, the governor signed into law AB 361, an urgency measure (meaning it became effective immediately) which largely continues the executive orders allowing for remote meetings. The Governor subsequently issued an order making the provisions of AB 361 effective beginning October 1, 2021.

Analysis of Assembly Bill (AB) 361
AB 361 contains several requirements in order to continue the use of remote meetings.

These include:
● There must be a state of emergency declared under the California Emergency Services Act. This effectively means the Governor must have declared the emergency. ● During the state of emergency, either state or local officials have imposed or recommended measures to promote social distancing, or that meeting in person would present an imminent risk to the health or safety of attendees. ● In order to continue to utilize remote meetings, the Council must reconsider the factors above every 30 days and adopt specified findings that the fact relied upon still exist.

As the attached resolution spells out, the State of California is still under an emergency declaration regarding COVID-19, and both state and local health officials continue to recommend social distancing to help stop the spread of the virus. The resolution requires that all meetings of the Board of Commissioners of the Richmond Housing Authority will be held using teleconferencing technology The Board of Commissioners of the Richmond Housing Authority will continue to update the findings every 30 days, in compliance with AB 361.

DOCUMENTS ATTACHED:

Attachment 1- Resolution requiring the continued use of teleconferencing for the meetings of all the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361

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Reso. No.

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RESOLUTION NO.

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING

AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, MAKING FINDINGS

REQUIRING THE CONTINUED USE OF TELECONFERENCING FOR MEETINGS

OF THE BOARD OF COMMISSIONERS OF THE RICHMOND HOUSING
AUTHORITY PURSUANT TO THE PROVISIONS OF AB 361

WHEREAS in response to the COVID-19 pandemic, the Governor adopted a series of Executive Orders allowing the legislative bodies of local governments to meet remotely via teleconference through September 30, 2021, so long as other provisions of the Ralph M. Brown Act (“Brown Act”) were followed; and

WHEREAS, on September 16, 2021, the Governor signed into law as an urgency measure, Assembly Bill (AB) 361 a bill that amends the Brown Act to allow local policy bodies to continue to meet by teleconferencing during a state of emergency without complying with restrictions in state law that would otherwise apply, provided that the policy bodies make certain findings at least once every 30 days; and

WHEREAS, the Board of Commissioners of the Richmond Housing Authority has considered the current state of health guidance related to public meetings in Contra Costa County and finds it necessary to continue with remote meetings for the next 30 days to promote public health and safety; and

WHEREAS, the entire State of California remains under a proclaimed state of emergency as declared by the Governor of the state of California related to the COVID-19 pandemic; and

WHEREAS, the California Department of Public Health continues to require the use of face coverings in indoor settings in order to help stop the spread of the virus.

WHEREAS, the Health Officer for Contra Costa County published “Recommendations for Safely Holding Public Meetings” on September 20, 2021, that “strongly recommend” on- online meetings, and that local agencies should provide options for the public to participate without having to attend meetings in person, and that social distancing should be used for any in- person meetings, including six feet of spacing between all in attendance; and

WHEREAS, the Board of Commissioners of the Richmond Housing Authority has met remotely during the COVID-19 pandemic and can continue to do so in a manner that allows public participation and transparency while minimizing health risks to members, staff, and the public who would be present with in-person meetings while this emergency continues.

NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE

HOUSING AUTHORITY OF THE CITY OF RICHMOND, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA THAT the Board of Commissioners of the Richmond Housing Authority finds as follows:

1. As described above, the State of California, the County of Contra Costa and the City of Richmond remain in a state of emergency due to the COVI-19 pandemic. At this meeting the Board of Commissioners of the Richmond Housing Authority has considered the circumstances of the state of emergency; and

2. As described above State and County officials continue to recommend measures to promote physical distancing and other social distancing measures, in some settings; and

3. As described above meetings of this body in person would present imminent risks to the safety of attendees, and the state of emergency continues to directly impact the ability of members to meet safely in public; and:

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Reso. No.

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BE IT FURTHER RESOLVED THAT That, based on the findings required by Government Code section 549539(e), as amended by AB 361, the Board of Commissioners of the Richmond Housing Authority requires the continued use of teleconferencing for the next 30 days for all public meetings of the Board of Commissioners of the Richmond Housing Authority; and

BE IT FURTHER RESOLVED, That all public meetings of the Board of Commissioners of the Richmond Housing Authority conducted by teleconferencing technology shall provide an opportunity for members of the public to address the body and otherwise occur in a manner that protects all statutory and constitutional rights of the public attending the meeting via teleconferencing, and;

BE IT FURTHER RESOLVED That the Clerk of the Board of Commissioners of the Richmond Housing Authority is directed to place a resolution substantially similar to this resolution on the agenda of a future meeting of the Board of Commissioners of the Richmond Housing Authority within the next 30 days.

**************************

The foregoing resolution was passed and adopted by the Commissioners of the Housing Authority of the City of Richmond at a special meeting thereof held on July 19, 2022, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Chairperson

[SEAL]
Attest:

Secretary

Approved as to form:

City Attorney

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RHA7Jun2022 – sl/prc

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RICHMOND, CALIFORNIA, June 7, 2022

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

The Regular Meeting of the Richmond Housing Authority Board of Commissioners was called to order at 6:35 p.m. by Chair Thomas K. Butt via teleconference.

G. ROLL CALL

Present: Commissioners Nathaniel Bates, Claudia Jimenez, Gayle McLaughlin, Vice Chair Eduardo Martinez, Chair Thomas K. Butt, and Housing Authority Tenant Commissioner Jaycine Scott. Absent: Commissioners Demnlus Johnson III and Melvin Willis were absent for the entire meeting.

H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The public comment instructional video was shown.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. REPORT FROM THE EXECUTIVE DIRECTOR
Richmond Housing Authority (RHA) Executive Director Nannette Beacham presented a PowerPoint that highlighted the following: RHA human resources updates; Nevin Plaza; Hacienda development; RHA/RichmondBUILD clean-up collaboration; and RHA Housing Corporation and Easter Hill Housing Corporation quarterly meetings.

K. AGENDA REVIEW
None.

L. HOUSING AUTHORITY OPEN FORUM
There were no public comments via teleconference.

M. HOUSING AUTHORITY CONSENT CALENDAR
A motion made by Commissioner Jimenez, seconded by Commissioner McLaughlin, to approve the Housing Authority Consent Calendar passed by the following vote: Ayes:

Commissioners Bates, Jimenez, McLaughlin, Vice Chair Martinez, Chair Butt, and Housing Authority Tenant Commissioner Jaycine Scott. Noes: None. Abstentions:

None. Absent: Commissioners Johnson III and Willis.

M.1 Contract Amendment with Renoir Staffing
ADOPT a resolution authorizing a contract amendment for as-needed temporary staffing services with Renoir Staffing, in the amount of $266,000, for a total amount not to exceed $596,000, and extending the term to June 30, 2024 – Richmond Housing Authority (Nannette Beacham 510-621-1300).

Adopted Resolution 2161

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N. ADJOURNMENT
There being no further business, the meeting adjourned at 6:51 p.m.

Clerk of the City of Richmond Chair

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RHA21Jun2022 – sl/prc

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RICHMOND, CALIFORNIA, June 21, 2022

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

The Special Joint Meeting of the Richmond Housing Authority Board of Commissioners and Richmond City Council was called to order at 6:43 p.m. by Chair/Mayor Thomas K. Butt via teleconference.

G. ROLL CALL

Present: Commissioners/Councilmembers Nathaniel Bates, Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Chair/Mayor Thomas K. Butt, and Housing Authority Tenant Commissioner Jaycine Scott. Absent: Vice Chair/Vice Mayor Eduardo Martinez arrived after the roll was called.

H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The public comment instructional video was shown.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. REPORT FROM THE EXECUTIVE DIRECTOR
Richmond Housing Authority (RHA) Executive Director Nannette Beacham presented a PowerPoint that highlighted the following RHA updates: Hacienda Senior Apartments project-based voucher waiting list was opened and accepting applications June 13-30, 2022, at www.contracostahousing.org; and the California Tax Credit Allocation Committee approved over $41 million in tax credits for Nevin Plaza. The council suggested staff contact Pastor Ulis Redic, President of the Richmond Baptist Ministers Conference, to allow pastors to share housing waiting lists information with their congregations. City Manager Shasa Curl announced assistance for seniors and residents without computers was available by contacting the City Manager's Office at (510) 620- 6512. The council requested staff to place visible signage outside the Hacienda Senior Apartments gates near the Barrett Avenue area advertising application details. Mark Wassberg and Naomi Williams gave comments via teleconference.

K. AGENDA REVIEW
None.

L. CONSENT CALENDAR
Motion by Commissioner/Councilmember Johnson III
Seconded by Vice Chair/Vice Mayor Martinez
To approve the Housing Authority Consent Calendar.

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ADOPT a resolution requiring the continued use of teleconferencing for the meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510-620-6513).

Adopted Resolution No. 2162
L.2 Housing Authority Meeting Minutes
APPROVE the minutes of the special May 17, 2022, Richmond Housing Authority meeting - City Clerk's Office (Pamela Christian 510-620-6513).

M. JOINT RICHMOND HOUSING AUTHORITY / RICHMOND CITY COUNCIL

BUDGET SESSION
M.1 Proposed Richmond Housing Authority Budget for Fiscal Year (FY) 2022- 2023
ADOPT a joint resolution approving the proposed Fiscal Year (FY) 2022-2023 Richmond Housing Authority (RHA) budget, with estimated revenues of $3,618,962 and total expenditures of $4,880,044; and APPROVE an RHA subsidy from the City of Richmond General Fund in the amount of $1,261,082, which will provide sufficient revenue to match anticipated expenditures and balance the RHA budget to $4,880,044 in estimated revenues and $4,880,044 in expenditures – Richmond Housing Authority (Nannette J. Beacham 510-621- 1300).

RHA Executive Director Nannette Beacham presented a PowerPoint that highlighted the following: amended budget overview; revenue and expenditures; RHA properties; and asset repositioning accomplishments. Discussion ensued.

The council recommended staff consider solar energy and rebates to reduce utility expenditures. Mark Wassberg gave comments via teleconference.

Motion by Commissioner/Councilmember Johnson III
Seconded by Commissioner/Councilmember McLaughlin
To adopt said resolution.

Ayes (7): Commissioners/Councilmembers Bates, Jimenez, Johnson III, McLaughlin, Willis, Vice Chair/Vice Mayor Martinez, and Housing Authority Tenant Commissioner Scott
Noes (1): Chair/Mayor Butt
Passed (7 to 1)
Adopted Housing Authority Resolution No. 2163
and City Council Resolution No. 78-22
N. ADJOURNMENT
There being no further business, the meeting adjourned at 7:24 p.m.

Clerk of the City of Richmond Chair/Mayor

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July 19, 2022

City Attorney's Office

DATE: July 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Dave Aleshire, Interim City Attorney

Subject:

Amendment of the Downey Brand Agreement For
Guidiville v. United States
FINANCIAL IMPACT: This amendment will add $120,000, for a total amount not to exceed $160,000, for Point Molate/Guidiville work.

The work will be paid from Risk Management/ General
Liability account 50182316-400554

PREVIOUS COUNCIL
ACTION:

The original agreement was approved by the City Council on May 3, 2022.

STATEMENT OF THE
ISSUE:

To ensure the City has appropriate legal representation relating to the Point Molate litigation Guidiville v. United States litigation, the City Attorney’s Office requests
approval of a legal services agreement (LSA)
amendment.

RECOMMENDED ACTION:

APPROVE a first amendment with Downey Brand in the
amount of $120,000, for a not to exceed total amount of $160,000, for the Point Molate/Guidiville litigation – City Attorney’s Office (Dave Aleshire 510-620-6509).

DISCUSSION:

To ensure the City continues to have appropriate and adequate representation in litigation pending against the City related to Point Molate, the Interim City Attorney requests approval of an amendment to the legal services agreement for the Guidiville AGENDA
REPORT

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July 19, 2022
Rancheria v. United States. The proposed amounts will allow the City to monitor and maintain representation in the above-referenced litigation, as well as to respond in a timely manner to the claims and matters that may arise. Depending on how these matters proceed, it may become necessary to augment the contract amount in the future.

To promote redevelopment of the former Point Molate Naval Fuel Depot, the City in 2004 entered into a Land Disposition Agreement (“LDA”) with Upstream Point Molate LLC (“Upstream”) and Guidiville Rancheria Tribe (“Guidiville”) for the purposes of pursuing a possible casino project. The City prepared and certified an Environmental Impact Report (“EIR”) for the proposed redevelopment. In 2011, the City formally ceased consideration of the proposed casino project.

In 2012, Upstream and Guidiville commenced litigation against the City, alleging a breach of the LDA. After years of litigation, the City, Upstream, and Guidiville entered a settlement that was memorialized in a form of judgment entered by the U.S. District Court on April 12, 2018. The District Court entered an Amended Judgment on November 21, 2019.

The Amended Judgment contains a number of commitments by the City, Upstream, and Guidiville, including obligations to market portions of the site designated as “Development Areas” for sale to one or more qualified developers. The Amended Judgment also ordered the Parties to prepare and submit a joint report to the District Court every 120 days regarding efforts to comply with the Amended Judgment. The joint reports were suspended by the District Court when the City approved the Point Molate Mixed-Use Development Project in September 2020.

In response to requests for emergency relief against the City related to its defense of a parallel lawsuit involving Point Molate (SPRAWLDEF v. City of Richmond), the District Court in November 2021 ordered the Parties to reinstate the reporting requirement of the Amended Judgment, but on a forty-five (45) day basis. Downey Brand will serve as counsel of record for the City in this re-activated case, with responsibility primarily for preparing the Parties’ joint reports, managing the case, making appearances (if necessary), coordinating among the Parties, assisting with settlement negotiations, and providing advice to and representation of the Richmond City Attorney’s Office in the proceedings.

Downey Brand’s litigation fees and expenses incurred in Guidiville v. United States are not reimbursable and will be paid by the City’s General Fund.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Amendment to the Contract

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Guidiville First Amendment to Agreement for Legal Services A-1

FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

DOWNEY BRAND LLP

This First Amendment to the Agreement for Legal Services between the CITY OF RICHMOND (“City”) and DOWNEY BRAND LLP (“Special Counsel ”) (the “First Amendment”) is entered into as of JUNE 1, 2022, by and between the City and Special Counsel with reference to the following facts:

RECITALS

WHEREAS, the City and Special Counsel on May 3, 2022, entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and City-related entities in the Guidiville v. United States litigation matter in an amount not to exceed $60,000; and

WHEREAS, the City now desires for Special Counsel to continue its representation of the City, to amend the scope of representation, and to increase the compensation limit by One Hundred and Twenty Thousand Dollars ($120,000); and

WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this First Amendment.

NOW, THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:

1. Amendment. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this First Amendment.

2. Effect of First Amendment. Except as provided in this First Amendment, all other terms of the Original Agreement shall remain in full force and effect.

3. Counterparts. This First Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.

[Signatures on following page]

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Guidiville First Amendment to Agreement for Legal Services A-2
IN WITNESS WHEREOF, the City and Special Counsel have caused this First Amendment to be effective as of the last date written below.

CITY OF RICHMOND DOWNEY BRAND LLP

By ________________________ By __________________________ Thomas K. Butt, Mayor Christian Marsh, Partner

Date:____________________ Date:_________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
Interim City Attorney

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Guidiville First Amendment to Agreement for Legal Services A-3
Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

The City Council in 2004 entered into a Land Disposition Agreement (“LDA”) with Upstream and Guidiville, granting them certain rights to acquire land and seek to develop a casino project at the former Point Molate Navy Fuel Depot. The City in 2011 ceased consideration of the proposed casino project. In 2012, Upstream and Guidiville commenced litigation against the City in the U.S. District Court, Northern District, alleging a breach of the LDA (Guidiville v. United States). The City, Upstream, and Guidiville entered a settlement that was memorialized in a form of judgment entered by the Court on April 12, 2018. The Court entered an Amended Judgment on November 21, 2019 (“Amended Judgment”).

The Amended Judgment ordered the Parties to prepare and submit a joint report to the Court every 120 days regarding efforts to comply with the Amended Judgment. The joint reports were suspended by the Court when the City approved the Point Molate Mixed- Use Development Project in September 2020. In response to requests for emergency relief against the City related to its defense of parallel lawsuits involving Point Molate, the Court in November 2021 ordered the Parties to reinstate the reporting requirement of the Amended Judgment, but on a forty-five (45) day basis.

Downey Brand will serve as counsel of record for the City in this re-activated case, with responsibility primarily for preparing the Parties’ joint reports, managing the case, coordinating among the Parties, assisting with settlement negotiations, and providing advice to and representation of the Richmond City Attorney’s Office in the proceedings.

Further, the City Council in September 2020 entered into a Disposition and Development Agreement (“DDA”) and Development Agreement (“DA”) with Winehaven Legacy, LLC (“Winehaven”) for the sale and development of a mixed-used development project at Point Molate. Winehaven filed a lawsuit on May 27, 2022 in Contra Costa County Superior Court seeking to enforce the DDA and DA against the City. While the City Attorney is not proposing the engage Downey Brand as counsel of record in the new Winehaven Legacy, LLC v. City of Richmond matter, the City Attorney’s Office is asking that Downey Brand be available to serve in a supporting role given its experience and knowledge of the Project and underlying claims.

Downey Brand’s litigation fees and expenses incurred in Guidiville v. United States and Winehaven Legacy, LLC v. City of Richmond are not reimbursable, and shall be paid by the City’s General Fund.

City’s Contact Attorney: Dave Aleshire, Interim City Attorney Heather McLaughlin, Interim Sr. Assistant City Attorney

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Guidiville First Amendment to Agreement for Legal Services A-4
Schedule of Fees & Charges:

ATTORNEY HOURLY RATES

Christian Marsh $410/hour
Kathryn Oehlschlager $410/hour
Hina Gupta $365/hour
Megan Unger $335/hour
Breana Inoshita $320/hour

PARALEGAL HOURLY RATES

Jon Shackelford $225/hour
Jessica Wise $225/hour

Compensation:

Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of One Hundred and Eighty Thousand Dollars ($180,000) for attorneys’ fees.

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July 19, 2022

City Clerk's Office

DATE: July 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Pamela Christian, City Clerk
Subject:
(This will appear on the agenda)
Continued Use of Teleconferencing
FINANCIAL IMPACT: There is no additional financial impact.

PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
December 21, 2021, January 18, 2022, February 15,
2022, March 15, 2022, April 19, 2022, June 21, 2022

STATEMENT OF THE
ISSUE:

In order for the City Council to continue conducting virtual meetings and comply with the provisions of the Brown
Act, it is necessary for the City Council to make findings verifying the need for the continuation of virtual meetings.

RECOMMENDED ACTION:
(This will appear on the agenda)
ADOPT a resolution requiring the continued use of
teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361 – City Clerk’s Office (Pamela Christian 510-620-6513).

AGENDA
REPORT

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July 19, 2022
DISCUSSION:

Background
Beginning in March of 2020, the Governor issued a series of executive orders relaxing certain provisions of the Brown Act in response to the COVID-19 pandemic. In short, those orders allowed local governments to conduct its meetings one hundred percent remotely, so long as members of the public still had the ability to view, listen and comment on items on the agenda. The most recent of these orders expired on September 30, 2021.

On September 15, 2021, the governor signed into law AB 361, an urgency measure (meaning it became effective immediately) which largely continues the executive orders allowing for remote meetings. The Governor subsequently issued an order making the provisions of AB 361 effective beginning October 1, 2021.

Analysis of Assembly Bill (AB) 361
AB 361 contains several requirements in order to continue the use of remote meetings.

These include:
● There must be a state of emergency declared under the California Emergency Services Act. This effectively means the Governor must have declared the emergency.
● During the state of emergency, either state or local officials have imposed or recommended measures to promote social distancing, or that meeting in person would present an imminent risk to the health or safety of attendees. ● In order to continue to utilize remote meetings, the Council must reconsider the factors above every 30 days and adopt specified findings that the fact relied upon still exist.

As the attached resolution spells out, the State of California is still under an emergency declaration regarding COVID-19, and both state and local health officials continue to recommend social distancing to help stop the spread of the virus. The resolution applies to all of the City’s legislative bodies (as defined by the Brown Act) and will remain in effect for the next 30 days. The city will continue to update the findings every 30 days, in compliance with AB 361.

DOCUMENTS ATTACHED:

Attachment 1- Resolution requiring the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of AB 361

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Reso. No.

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RESOLUTION NO.

RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,

MAKING FINDINGS REQUIRING THE CONTINUED USE OF

TELECONFERENCING FOR MEETINGS OF ALL CITY OF RICHMOND
LEGISLATIVE BODIES PURSUANT TO THE PROVISIONS OF AB 361

WHEREAS, in response to the COVID-19 pandemic, the Governor adopted a series of Executive Orders allowing the legislative bodies of local governments to meet remotely via teleconference through September 30, 2021, so long as other provisions of the Ralph M. Brown Act (“Brown Act”) were followed; and

WHEREAS, on September 16, 2021, the Governor signed into law as an urgency measure, AB 361 a bill that amends the Brown Act to allow local policy bodies to continue to meet by teleconferencing during a state of emergency without complying with restrictions in state law that would otherwise apply, provided that the policy bodies make certain findings at least once every 30 days; and

WHEREAS, on behalf of all legislative bodies of the City of Richmond that are subject to the Brown Act, the Richmond City Council has considered the current state of health guidance related to public meetings in Contra Costa County and finds it necessary to continue with remote meetings for the next 30 days to promote public health and safety; and

WHEREAS, the entire State of California remains under a proclaimed state of emergency as declared by the Governor of the state of California related to the COVID-19 pandemic; and

WHEREAS, the California Department of Public Health continues to require the use of face coverings in indoor settings in order to help stop the spread of the virus.

WHEREAS, the Health Officer for Contra Costa County published “Recommendations for Safely Holding Public Meetings” on September 20, 2021 that “strongly recommend” on- online meetings, and that local agencies should provide options for the public to participate without having to attend meetings in person, and that social distancing should be used for any in- person meetings, including six feet of spacing between all in attendance; and

WHEREAS, the City Council and all other legislative bodies of the City of Richmond have met remotely during the COVID-19 pandemic and can continue to do so in a manner that allows public participation and transparency while minimizing health risks to members, staff, and the public who would be present with in-person meetings while this emergency continues.

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

1. As described above, the State of California, the County of Contra Costa and the City of Richmond remain in a state of emergency due to the COVI-19 pandemic. At this meeting the Richmond City Council has considered the circumstances of the state of emergency; and

2. As described above State and County officials continue to recommend measures to promote physical distancing and other social distancing measures, in some settings; and

BE IT FURTHER RESOLVED That, based on the findings required by Government Code section 549539(e), as amended by AB 361, the City of Richmond requires the continued use of teleconferencing for the next 30 days for all public meetings of the Richmond City Council and all City of Richmond boards, commissions, committees and subcommittees subject to the Brown Act; and

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Reso. No.

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BE IT FURTHER RESOLVED, That All City public meetings subject to the Brown Act conducted by teleconferencing technology shall provide an opportunity for members of the public to address the body and otherwise occur in a manner that protects all statutory and constitutional rights of the public attending the meeting via teleconferencing, and;

BE IT FURTHER RESOLVED That the City Clerk is directed to place a resolution substantially similar to this resolution on the agenda of a future meeting of the City Council within the next 30 days.

*********************

I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held July 19, 2022, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor

Approved as to form:

City Attorney

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RICHMOND, CALIFORNIA, June 7, 2022

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 4:30 p.m. by Mayor Thomas K. Butt via teleconference.

B. ROLL CALL

Present: Councilmembers Nathaniel Bates, Claudia Jimenez, Gayle McLaughlin, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent: Councilmember Melvin Willis arrived after the roll was called. Councilmember Demnlus Johnson III was absent for the entire Closed Session.

C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Winehaven Legacy LLC v. City of Richmond, et al.

C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
 Agency Representatives: Jaclyn Gross and Anil Comelo
Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit

2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
D. PUBLIC COMMENT BEFORE CLOSED SESSION
The following individuals gave comments via teleconference: Jeanne Kortz and Sally Tobin gave comments regarding Item C.1. Henry Powell, Kevin Tisdell, and Angela Walton requested the council to consider taking action to make Juneteenth a city holiday.

E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:40 p.m. Closed Session adjourned at 6:29 p.m.

F. REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
The Regular Meeting of the Richmond Housing Authority Board of Commissioners was called to order at 6:35 p.m. by Chair Thomas K. Butt via teleconference.

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G. ROLL CALL

H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The public comment instructional video was shown.

I. STATEMENT OF CONFLICT OF INTEREST
None.

K. AGENDA REVIEW
None.

L. HOUSING AUTHORITY OPEN FORUM
There were no public comments via teleconference.

M. HOUSING AUTHORITY CONSENT CALENDAR
A motion made by Commissioner Jimenez, seconded by Commissioner McLaughlin, to approve the Housing Authority Consent Calendar passed by the following vote: Ayes:

Commissioners Bates, Jimenez, McLaughlin, Vice Chair Martinez, Chair Butt, and Housing Authority Tenant Commissioner Jaycine Scott. Noes: None. Abstentions:

None. Absent: Commissioners Johnson III and Willis.

Adopted Resolution 2161
N. ADJOURNMENT
There being no further business, the meeting adjourned at 6:51 p.m.

O. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:52 p.m. by Mayor Thomas K. Butt via teleconference.

P. ROLL CALL

Present: Councilmembers Nathaniel Bates, Claudia Jimenez, Gayle McLaughlin, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent: Councilmembers Demnlus Johnson III and Melvin Willis were absent for the entire meeting.

Q. STATEMENT OF CONFLICT OF INTEREST
None.

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R. AGENDA REVIEW
Items X.2, X.1, X.3, Y.4, W.7.a, and W.2.a were moved, respectively, for discussion immediately following the Consent Calendar.

Motion by Vice Mayor Martinez
Seconded by Councilmember McLaughlin
To move Item W.2.a for discussion immediately following the Consent Calendar.

Ayes (3): Councilmember Jimenez, Councilmember McLaughlin, and Vice Mayor Martinez
Noes (2): Councilmember Bates, and Mayor Butt
Absent (2): Councilmember Johnson III, and Councilmember Willis Failed (3 to 2)

S. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
Senior Assistant City Attorney Heather McLaughlin stated there were no reportable actions taken.

T. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl provided an update regarding a deceased whale on the Richmond shoreline and communications with responsible agencies to remove it.

Ms.Curl announced that the Richmond Promise Fun Run 5K event at the Richmond Craneway Pavillion and Richmond's first Ferry Fest at the Richmond Ferry Terminal was scheduled for Saturday, June 11, 2022. More information was available by calling (510) 214-6614 for the 5K event and (510) 620-6512 or by visiting www.sanfranciscobayferry.com regarding the Ferry Fest.

U. ABATEMENT REPORT FROM THE PUBLIC WORKS DIRECTOR - 1st Tuesday (public comment allowed under Open Forum)
Director of Public Works Joe Leach presented a PowerPoint that highlighted the following: neighborhood dumpster days and senior/disabled persons assistance; illegal dumping and hazardous waste mitigation; encampments and weed abatement; graffiti removal; Targetville clean-up; and partnerships. The council suggested staff work with the mayor to contact Pacific Gas and Electric Company regarding the use of utility poles to install surveillance cameras in targeted illegal dumping areas. The council reported an extensive encampment on Spring Street.

V. OPEN FORUM FOR PUBLIC COMMENT
The following individuals gave comments via teleconference:

Jessie Taran gave comments in compassion for the unhoused individuals impacted by abated Richmond encampments. Ms. Taran suggested the city provide resources and assistance to improve living conditions for the unhoused.

Mark Wassberg gave comments regarding unhoused individuals and encampments. Mr.

Wassberg also gave comments regarding the war on Ukraine and transgender individuals.

Naomi Williams announced the Richmond Juneteeth event was scheduled for Saturday, June 18, 2022, at 10:00 a.m. Ms. Williams advised parade participants to meet at the Booker T. Anderson Community Center parking lot at 9:00 a.m.

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Pam Stello gave comments regarding alleged misinformation concerning Point Molate and the terms of the settlement agreement.

Katherine Rubie expressed concerns regarding negative comments made toward the unhoused and transgender communities.

W. CITY COUNCIL CONSENT CALENDAR
Motion by Councilmember Jimenez
Seconded by Councilmember McLaughlin
To approve all items on the City Council Consent Calendar, except items W.2.a and W.7.a.

Ayes (5): Councilmember Bates, Councilmember Jimenez, Councilmember McLaughlin, Vice Mayor Martinez, and Mayor Butt
Absent (2): Councilmember Johnson III and Councilmember Willis Passed (5 to 0)

W.1 City Clerk's Office
W.1.a City Council Meeting Minutes
APPROVE the minutes of the regular April 26, and May 3, 2022, Richmond City Council meeting - City Clerk's Office (Pamela Christian 510-620-6513).

W.2 City Council
W.2.a Expand The Terms of Appropriated ARPA Flex Funds for Rydin Road Residents
AMEND direction provided by City Council on December 21, 2021, which appropriated $50,000 for flex funds for vehicle repair and servicing, to expand the terms under which these funds can be spent, to be overseen by the Community Development Department - Vice Mayor Eduardo Martinez (510-620-6593).

Vice Mayor Martinez introduced the matter. Director of Community Development Lina Velasco provided an oral report. The following individuals gave comments via teleconference: Terry Dunn, Don Gosney, Leisa Johnson, Katherine Rubie, Jessi Taran, Payton Silket, Lea Murray, Darnice Lintom, Mebeingme, Jesse Toberman, and Amanda Jenkins.

Discussion ensued. The council suggested the funds could potentially be used to place unhoused individuals into rental apartments.

Motion by Vice Mayor Martinez
Seconded by Councilmember Jimenez
To amend prior direction given regarding said flex funds. (At 11:30 p.m. - a motion by Councilmember Jimenez, seconded by Councilmember McLaughlin, to suspend the rules and extend the meeting to vote on Item W.2.a failed by the following vote: Ayes:

Councilmembers Jimenez and McLaughlin. Noes: Councilmember Bates, Vice Mayor Martinez, and Mayor Butt. Abstentions: None.

Absent: Councilmembers Johnson III and Willis).

Continued to the June 21, 2022, City Council meeting.

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W.3 Community Development
W.3.a Extension of Regulatory Agreement for The Summit
ADOPT a resolution approving the Amendment to the Amended and Restated Regulatory Agreement with U.S. Reif Sierra Ridge CA L.P., extending the term for an additional 30 years from September 22, 2023, to September 22, 2053 – Community Development Department (Lina Velasco 510-620-6841).

Adopted Resolution No. 71-22
W.4 Finance Department
W.4.a Sanctuary City Contracting and Investment Policy Ordinance Update RECEIVE a written update regarding the steps taken to ensure compliance with the Sanctuary City Contracting and Investment Policy Ordinance; and APPROVE waivers for Motorola as the only reasonable option, and Westlaw until their contract expires in July 2022 – Finance Department (Delmy Cuellar/Antonio Banuelos/Ofelia Alvarez 510-620-6699).

W.4.b Investment and Cash Balance Report for the Month of April 2022 RECEIVE the City’s Investment and Cash Balance Report and monthly Overtime Report for the month of April 2022 – Finance Department (Delmy Cuellar 510-620-6790).

W.4.c Tax Rate for Tax Override Pension Fund
ADOPT an ordinance (second reading) setting the tax rate for the Tax Override Pension Fund for Fiscal Year 2022-2023 at 0.14 percent – Finance Department (Delmy Cuellar/ Antonio Banuelos 510-620-6741).

Adopted Ordinance No. 08-22 N.S.

W.5 Human Resources
W.5.a Amendments to the City’s Position Control List, Reallocation of Existing Positions, and Appropriation of Associated Funds
ADOPT a resolution to AMEND the current position control to add Administrative Services Analyst, Human Resources Manager, Management Analyst I/II, and three Maintenance Worker I positions; APPROVE reallocation of Executive Secretary II to Administrative Services Analyst in the Finance Department, and Principal Personnel Analyst to Human Resources Manager in the Human Resources Department; and APPROPRIATE funds for associated wages, salaries, and associated compensation for these positions – Human Resources Department (Anil Comelo/Sharrone Taylor 510-620-6602).

Adopted Resolution No. 72-22
W.6 Library and Community Services
W.6.a Pacific Library Partnership Grant for Link+.

ADOPT a resolution to ACCEPT and APPROPRIATE into the Fiscal Year 2021-2022 budget a Pacific Library Partnership grant for Link+ in

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the amount of $7,402 – Library and Community Services Department (LaShonda White/Melinda Cervantes 510-620-5452)
Adopted Resolution No. 73-22
W.6.b California State Library Grant
ADOPT a resolution to ACCEPT and APPROPRIATE the grant of $250,000 from the California State Library into the Library’s Fiscal Year 2021-2022 budget for the design and procurement of a replacement Bookmobile – Library and Community Services Department (LaShonda White/Melinda Cervantes 510-620-5452).

Adopted Resolution No. 74-22
W.6.c California State Library Lunch at the Library summer 2022 grant award ADOPT a resolution to ACCEPT and APPROPRIATE a grant of $3,200 from the California State Library for the Lunch at the Library program into the Library’s Fiscal Year 2021-2022 budget – Library and Community Services Department (LaShonda White/Melinda Cervantes 510-620-5452).

Adopted Resolution No. 75-22
W.6.d Federal Communications Commission Emergency Connectivity Fund Monies for Fiscal Year 2021-2022 and Fiscal Year 2022-2023 ADOPT a resolution approving the Library’s request for Emergency Connectivity Funds for the purchase of internet connectivity devices for use by residents; and, if funds are awarded, to ACCEPT and APPROPRIATE into the budget – Library and Community Services Department (LaShonda White/Melinda Cervantes/Christopher Larsen 510- 620-5524).

Adopted Resolution No. 76-22
W.6.e Environmental Workforce Development Training Contract Amendment for the RichmondBUILD Program
APPROVE a fourth contract amendment with the National Association of Training and Environmental Consulting (NATEC) International, Inc. to provide additional hazardous materials training classes as part of the RichmondBUILD pre-apprenticeship training program. The contract term will be extended one year, through June 30, 2023. The contract amount will be increased by $14,000, for a total contract amount not to exceed $100,738 – Library and Community Services Department (LaShonda White/Tamara Walker/Fred Lucero 510-621-1562).

W.6.f Production agreement addendum #2 with Pyro Spectaculars North Inc. for a fireworks display show on July 3rd at the Marina Bay Park APPROVE the Production Agreement Addendum No. 2 with Pyro Spectaculars North Inc. in the amount of $44,000 to provide a fireworks display show for the City of Richmond on July 3, 2022, at the Marina Bay Park with a term ending date of July 3, 2022 – Library and Community Services Department (LaShonda White/Ranjana Maharaj/Kymberlyn Carson-Thrower 510-620-6789).

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W.7 Mayor's Office
W.7.a Diversity Celebration Month – June 2022
PROCLAMATION declaring June 2022 as Diversity Celebration Month in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620- 6503).

Motion by Councilmember Bates
Seconded by Vice Mayor Martinez
To approve said proclamation.

Ayes (5): Councilmember Bates, Councilmember Jimenez,
Councilmember McLaughlin, Vice Mayor Martinez, and Mayor Butt Absent (2): Councilmember Johnson III and Councilmember Willis Passed (5 to 0)

W.7.b California State Senate Bill 917 (Support)
ADOPT a resolution urging the California State Legislature to enact California State Senate Bill 917 – Mayor’s Office (Mayor Tom Butt 510- 620-6503).

Adopted Resolution No. 77-22
W.8 Public Works
W.8.a First Amendment to a Contract with Hi-Tech Emergency Vehicle Service for Apparatus Repairs
APPROVE a first amendment to the contract with Hi-Tech Emergency Vehicle Services for parts and repair services for police and fire apparatus, extending the term two years through June 30, 2024, and increasing the contract payment limit by $170,000, for a total amount not to exceed $340,000 – Public Works Department (Joe Leach 510-620-5478).

W.8.b Approve the Purchase of a New Elgin Street Sweeper APPROVE the purchase of a new Elgin street sweeper from Owen Equipment in an amount not to exceed $390,000 – Public Works Department (Joe Leach 510-620-5478).

W.8.c Proposed Contract with United Site Services of California, Inc.

APPROVE a three-year contract in the amount of $75,000, with an additional two-year extension option of $50,000, with United Site Services of California, Inc. to provide and service portable toilets on an as needed basis, with a contract term from July 1, 2022, to June 30, 2025 – Public Works Department (Joe Leach 510-620-5478/Greg Hardesty 510-620- 6920).

W.8.d Proposed Contract with Enviroclean Maintenance LCC APPROVE a three-year contract in the amount of $180,000, with an additional two-year extension option of $120,000, with Enviroclean Maintenance LCC janitorial services at City park restroom buildings. The contract term will be from July 1, 2022, to June 30, 2025 – Public Works Department (Joe Leach 510-620-5478/Greg Hardesty 510-620-6920).

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W.8.e Contract for As-Needed Repairs for Street Sweepers APPROVE a two-year contract for as-needed Elgin/Vactor brand street sweeper repairs with Owen Equipment in a total amount not to exceed $80,000 – Public Works Department (Joe Leach 510-620-5478).

W.8.f Transportation Development Act (TDA) Grant Contracts with Bike East Bay
APPROVE a Transportation Development Act (TDA) grant-funded contract with Bike East Bay to provide two years of bicycle safety education, in an amount not to exceed $25,000; and a contract with SOS! Richmond to provide one year of maintenance of the Richmond Greenway in an amount not to exceed $30,000. Bike East Bay contract will have a term starting June 7, 2022, and ending June 7, 2024. SOS! Richmond's contract will have a term starting July 1, 2022, and ending June 30, 2023 – Public Works (Joe Leach/Patrick Phelan 307-8111). This item was continued from the May 3, 2022, meeting.

X. BUDGET SESSION
X.1 Budget Presentation
RECEIVE budget presentations from the city manager and the Police and Fire Departments – City Manager’s Office/Finance Department (Shasa Curl 510-620- 6512/ Delmy Cuellar 510-620-6790/ Mubeen Qader 510-412-2077). This item was continued from the May 24, 2022, meeting.

City Manager Shasa Curl introduced the matter. The Fire Department's budget was presented by Fire Chief Angel Montoya, Deputy Fire Chief Aaron Osorio, and Fire Marshal Eric Govan. The Police Department's budget was presented by Acting Chief of Police Louie Tirona, Captain Timothy Simmons, Captain Al Walle, and Senior Accountant Steven Linderman. Discussion ensued. The council requested the number of firefighters needed to provide optimum service. The council expressed concerns regarding traffic control. The council requested the level of traffic patrol officers before and after the establishment of the Reimagining Public Safety Community Task Force. The following individuals gave comments via teleconference: Anthony Woodards, Mark Wassberg, Jessi Taran, Leisa Johnson, Steve Bischoff, and Michael Velazquez.

X.2 Receive Update on the Refinancing of the Pension Obligation Bonds (POBs) RECEIVE an update on the refinancing of the 2005 Pension Obligation Bonds – Finance Department (Anil Comelo/Delmy Cuellar 510-620-6600). This item was continued from the May 24, 2022, meeting.

Interim Deputy City Manager of Internal Services Anil Comelo introduced the matter. Consultants Mark Northcross and Mike Meyer of NHA Advisors presented a PowerPoint that highlighted the following: financing schedule; outstanding bond and swaps; policy goals; Pension Tax Override education; and resolution to be considered at a future meeting. Discussion ensued. The council requested updates on swap termination fees.

X.3 Acknowledge receipt of Fiscal Year 2022-2023 Proposed Second Draft Budget
RECEIVE an update on the draft Fiscal Year (FY) 2022-2023 Annual Operating Budget and Fiscal Year 2022-2027 Five-Year Capital Improvement Plan Budget

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and provide guidance regarding budget development – City Manager’s Office/Finance Department (Shasa Curl/Delmy Cuellar 510-620-6740).

City Manager Shasa Curl introduced the matter. Finance Director Delmy Cuellar, Budget Administrator Mubeen Qader, Accounting Manager Antonio Banuelos, Principal Personnel Analyst Sharrone Taylor, and Interim Director of Community Services LaShonda White presented a PowerPoint that highlighted the following:
background; General Fund; subsidies; proposed adjustments; cost pool; American Rescue Plan Act and Reimaging Public Safety (RPS) budgets; and the budget development timeline. Discussion ensued. The council requested a funds disbursement report for the Richmond Rapid Response Fund allocation; actuary study; additional details regarding cost pool allocations; additional funding for traffic safety infrastructure; and a review of the RPS unspent funds.

Y. ITEMS CONTINUED FROM MAY 17, 2022, and MAY 24, 2022
Y.1 Reintroduce an Ordinance (First Reading) to Revise and Amend Richmond Municipal Code Chapter 12.30
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.

Continued to the June 21, 2022, City Council meeting.

Y.2 Private Landowner Encroachments
RECEIVE a report from the city attorney regarding the legality of staff awarding and transferring city property without approval from the City Council - Councilmember Nathaniel Bates (510-620-6743). This item was continued from the May 17, 2022, and May 24, 2022, meetings.

Continued to the June 21, 2022, City Council meeting.

Y.3 The Segal Group Inc., Classification and Compensation Study DIRECT the city manager to release the Class and Compensation Study to the City Council – Mayor’s Office (Mayor Tom Butt 510-620-6503). This item was continued from the May 17, 2022, and May 24, 2022, meetings.

Continued to the June 21, 2022, City Council meeting.

Y.4 Presentation of Draft Local Roadway Safety Plan
RECEIVE a presentation of the draft Local Roadway Safety Plan; and PROVIDE feedback – Public Works Department (Joe Leach/Patrick Phelan 510-307-8111).

This item was continued from the May 24, 2022, meeting.

Director of Public Works Joe Leach introduced the matter. Infrastructure Administrator Patrick Phelan and Ryan McClain of Fehr & Peers presented a PowerPoint that highlighted the following: "Travel Safe Richmond"; Local Roadway Safety Plan overview; state of roadway safety in Richmond; outreach and safety vision for Richmond; collision profiles; priority corridors; and next steps. Discussion ensued. The council requested the implementation status of the

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interim traffic safety measures for Carlson Boulevard previously discussed with residents. The council expressed concerns regarding the proposed reduction of traffic lanes on 23rd Street. Jessi Taran and Garland Ellis gave comments via teleconference.
(At 10:56 p.m. - a motion by Councilmember Jimenez, seconded by Vice Mayor Martinez, to extend the meeting until 11:30 p.m. passed by the following vote:

Ayes: Councilmembers Bates, Jimenez, McLaughlin, and Vice Mayor Martinez. Noes: Mayor Butt. Abstentions: None. Absent: Councilmembers Johnson III and Willis).

Y.5 Street Sweeping
DIRECT the city manager to incorporate into the 2022-23 budget funding to provide: new street sweeping signage in neighborhoods that have not previously been signed; repairs/replace existing deteriorated signage in neighborhoods that have previously been signed; sufficient staff and equipment to perform scheduled street sweeping operations in all neighborhoods; and sufficient enforcement staff to issue citations for vehicles not moved on designated street sweeping days and times. AUTHORIZE vehicle towing operations in areas where citations have not provided sufficient motivation for residents to move vehicles – Mayor’s Office (Mayor Tom Butt 510-620-6503).

Continued to the June 21, 2022, City Council meeting.

Z. NEW BUSINESS
Z.1 Resolution Authorizing a Sole Source Procurement Process for Selected Specialized Police Department Services
ADOPT a resolution authorizing the city manager to execute reoccurring contracts for Fiscal Years 2022-2023 and 2023-2024 with Contra Costa County and the State of California at an aggregate annual amount of $1,955,724. Services contracted with Contra Costa County include the following: California Law Enforcement Telecommunications System (CLETS) - $11,000; California Identification Division (CAL ID) - $145,000; Automated Regional Information Exchange System (ARIES) - $50,000; All County Criminal Justice Information System (ACCCJIN) - $23,500; Martinez Detention Facility intake fees - $46,000; alcohol/toxic drug and crime scene evidence analysis - $365,000; Sexual Assault Response Team (SART) examinations - $41,000; annual jail inspection and audit - $1,000; Coroner & Gunshot Residue (GSR) examination and analysis - $10,000; out of state inmate extradition - $4,000; Law Enforcement Training Center - $21,000; Animal Services - $1,004,724; Department of Information Technology - $29,500; East Bay Regional Communication System Authority (EBRCS) - $182,500; the State of California contracted services including Live Scan fingerprinting - $16,500 and University of California Regents - $5,000 – Police Department (Acting Chief of Police Louie Tirona 510-621-1802).

Continued to the June 21, 2022, City Council meeting.

AA. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
None.

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AB. ADJOURNMENT
There being no further business, the meeting adjourned at 11:31 p.m., to meet again on June 21, 2022, at 6:30 p.m.

Clerk of the City of Richmond Mayor

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RICHMOND, CALIFORNIA, June 21, 2022

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 4:30 p.m. by Mayor Thomas K. Butt via teleconference.

B. ROLL CALL

Present: Councilmembers Nathaniel Bates, Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent: None.

C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Winehaven Legacy LLC v. City of Richmond, et al.

C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
 Agency Representatives: Jaclyn Gross, Teresa Fairbanks, and Anil Comelo Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit

2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
 Property: 1324 Canal Boulevard (General Warehouse, Port of Richmond) Agency negotiator: Lizeht Zepeda
Negotiating parties: Richmond Grown
Under negotiation: Price and terms of payment
C.4 LIABILITY CLAIMS (Government Code Section 54956.9)
 221B, 225, 229 & 235 Tunnel Avenue
 12200 San Pablo Avenue

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D. PUBLIC COMMENT BEFORE CLOSED SESSION
The following individuals gave comments via teleconference: Norman La Force, Jeanne Kortz, Sally Tobin, and Pam Stello regarding Item C.1. Ben Therriault regarding Item C.2. Deborah Bayer regarding Items C.1 and C.2.

Mayor Butt announced his recusal from Item C.3 due to a conflict of interest because one of the principal lessees was a client of his architectural firm.

E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:44 p.m. Closed Session adjourned at 6:39 p.m.

F. SPECIAL JOINT MEETING OF THE RICHMOND HOUSING

AUTHORITY/RICHMOND CITY COUNCIL
The Special Joint Meeting of the Richmond Housing Authority Board of Commissioners and Richmond City Council was called to order at 6:43 p.m. by Chair/Mayor Thomas K.

Butt via teleconference.

G. ROLL CALL

H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The public comment instructional video was shown.

I. STATEMENT OF CONFLICT OF INTEREST
None.

K. AGENDA REVIEW
None.

L. CONSENT CALENDAR
Motion by Commissioner/Councilmember Johnson III
Seconded by Vice Chair/Vice Mayor Martinez
To approve the Housing Authority Consent Calendar.

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Ayes (8): Commissioners/Councilmembers Bates, Jimenez, Johnson III, McLaughlin, Willis, Vice Chair/Vice Mayor Martinez, Chair/Mayor Butt, and Housing Authority Tenant Commissioner Scott
Passed (8 to 0)
L.1 Continued Use of Teleconferencing
ADOPT a resolution requiring the continued use of teleconferencing for the meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510-620-6513).

M. JOINT RICHMOND HOUSING AUTHORITY / RICHMOND CITY COUNCIL

The council recommended staff consider solar energy and rebates to reduce utility expenditures. Mark Wassberg gave comments via teleconference.

Motion by Commissioner/Councilmember Johnson III
Seconded by Commissioner/Councilmember McLaughlin
To adopt said resolution.

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O. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 7:24 p.m. by Mayor Thomas K. Butt via teleconference.

P. ROLL CALL

Present: Councilmembers Nathaniel Bates, Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent: None.

Q. STATEMENT OF CONFLICT OF INTEREST
None.

R. AGENDA REVIEW
Item U was continued to the July 19, 2022, City Council meeting. Item AA.1 was withdrawn from the agenda. Items W.1.c, W.2.a, W.2.b, W.3.b, and W.9.e were removed from the Consent Calendar for discussion at the end of the agenda. Item AA.2 was continued for two weeks to the July 5, 2022, City Council meeting. Item W.6.d was moved for discussion immediately following Item X.1.

Motion by Councilmember McLaughlin
Seconded by Councilmember Jimenez
To table without debate Item W.10.a regarding the disposition of open space at Point Molate.

Ayes (4): Councilmember Jimenez, Councilmember McLaughlin, Councilmember Willis, and Vice Mayor Martinez
Noes (3): Councilmember Bates, Councilmember Johnson III, and Mayor Butt Passed (4 to 3)

S. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
Interim City Attorney Dave Aleshire reported the following actions: A motion made by Councilmember Jimenez, seconded by Councilmember McLaughlin, to designate Councilmember McLaughlin as a representative in certain court matters concerning Item C.1, Winehaven Legacy LLC v. City of Richmond, et al., passed by a 4/3 vote. A motion made by Councilmember Jimenez, seconded by Councilmember Johnson III, to give settlement authority to the city's representative George Hills concerning Item C.3, Tunnel Avenue liability claim, passed unanimously. A motion made by Councilmember Bates, seconded by Mayor Butt, to authorize negotiations on a settlement for future consideration concerning Item C.3, San Pablo Avenue liability claim, passed unanimously.

T. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl reported the following: Free bicycle repairs were available on June 22, 2022, at the Richmond Main Library and more information was available by calling (510) 620-6557. Applications for a $2,500 Microbusiness Grant were being accepted until August 12, 2022, at www.microbusinessgrant.org. Ms. Curl advised community members that were interested in receiving the City Manager's Weekly Report to call (510) 620-6512.

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U. REPORT FROM THE REIMAGINING TASK FORCE - 3rd Tuesday (public comment allowed under Open Forum)
Continued to the July 19, 2022, City Council meeting.

V. OPEN FORUM FOR PUBLIC COMMENT
The following individuals gave comments via teleconference:

Don Gosney expressed concerns regarding the reallocation of funds from the Police Department to other resources. Mr. Gosney shared his experience with delays reaching personnel at the non-emergency police phone number to make a report. Mr. Gosney suggested that the amount of time allowed for public comment regarding reports from the city attorney, city manager, and others was insufficient.

Mark Wassberg cited verses from the New Testament Times and gave comments regarding sexuality.

Madalyn Law expressed concerns regarding the delayed restoration of the Booker T.

Anderson Community Center. Ms. Law requested periodic updates regarding reopening the facility.

Pam Stello acknowledged the councilmembers that voted in favor of tabling Item W.10.a regarding Point Molate.

Leisa Johnson expressed gratitude for Richmond's Juneteenth event held on June 18, 2022. Ms. Johnson expressed concerns regarding Item AA.1 regarding assistance for the unhoused and urged the council to address the crisis.

Naomi Williams and Arto Rinteela announced the Career Fair at the Hilltop Community Church scheduled for Saturday, June 25, 2022. Ms. Williams acknowledged the participants in Richmond's National Basketball Association parade and the Juneteenth event held on June 18, 2022.

W. CITY COUNCIL CONSENT CALENDAR
Motion by Councilmember Johnson III
Seconded by Councilmember McLaughlin
To approve all items on the City Council Consent Calendar except Items W.1.c, W.2.a, W.2.b, W.3.b, W.6.d, W.9.e, and W.10.a.

Ayes (7): Councilmember Bates, Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, Councilmember Willis, Vice Mayor Martinez, and Mayor Butt
Passed (7 to 0)

W.1 City Clerk's Office
W.1.a Resolution call and giving notice of a municipal election on November 8, 2022
ADOPT a resolution: (1) Calling and Giving Notice of the holding of a Municipal Election to be held on Tuesday, November 8, 2022, for the election of certain officers as required by the provisions of the Charter of the City of Richmond; (2) requesting the Board of Supervisors of Contra Costa County to consolidate the Municipal Election with the Statewide General Election; and (3) adopting regulations for candidates pertaining to the candidates’ statements submitted to the voters, cost of the candidates’ statements and other fees, word limit for candidates’ statements; and

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actions to be taken for a tie vote – City Clerk’s Office (Pamela Christian 510-620-6513).

Adopted Resolution No. 79-22
W.1.b Municipal Code Contract Extension
APPROVE a contract extension with Municipal Code Corporation for ordinance, zoning code codification, and supplements of the city’s municipal code, for the City Clerk’s Office and the Planning Department, from July 1, 2022, through June 30, 2023, in an amount not to exceed $17,000 – City Clerk’s Office (Pamela Christian 510-620-6513).

W.1.c Continued Use of Teleconferencing
ADOPT a resolution requiring the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361 – City Clerk’s Office (Pamela Christian 510-620- 6513).

City Clerk Pamela Christian introduced the matter and provided an oral report. Discussion ensued. The following individuals gave comments via teleconference: Mark Wassberg, Leisa Johnson, Katherine (last name not stated), and Don Gosney. Further discussion ensued.

Motion by Councilmember Willis
Seconded by Councilmember Johnson III
To adopt said resolution.

Ayes (7): Councilmember Bates, Councilmember Jimenez,
Councilmember Johnson III, Councilmember McLaughlin,
Councilmember Willis, Vice Mayor Martinez, and Mayor Butt Passed (7 to 0)
Adopted Resolution No. 80-22
W.1.d City Council Meeting Minutes
APPROVE the minutes of the May 17, and 24, 2022, Richmond City Council meetings - City Clerk's Office (Pamela Christian 510-620-6513).

W.2 City Council
W.2.a Ban the Drilling of Oil and Gas in Contra Costa County ADOPT a resolution in support of banning the drilling of oil and gas in Contra Costa County - Councilmembers Gayle McLaughlin and Claudia Jimenez (510-620-6636/510-620-6565).

Councilmember McLaughlin introduced the matter and gave an oral report. Discussion ensued. Mark Wassberg and Jessi Taran gave comments via teleconference.

Motion by Councilmember McLaughlin
Seconded by Vice Mayor Martinez
To adopt said resolution.

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Ayes (6): Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, Councilmember Willis, Vice Mayor Martinez, and Mayor Butt
Abstentions (1): Councilmember Bates
Passed (6 to 0)
Adopted Resolution No. 81-22
(At 11:30 p.m. - a motion made by Councilmember Willis, seconded by Vice Mayor Martinez, to suspend the rules and extend the meeting until after W.2.b failed by the following vote: Ayes: Councilmembers Jimenez, McLaughlin, Willis, and Vice Mayor Martinez. Noes: Councilmember Bates, Johnson III, and Mayor Butt. Abstentions: None. Absent: None).

W.2.b Expand the Terms of Appropriated ARPA Flex Funds for Rydin Road Residents
AMEND direction provided by City Council on December 21, 2021, which appropriated $50,000 for flex funds for vehicle repair and servicing, to expand the terms under which these funds can be spent, to be overseen by the Community Development Department - Vice Mayor Eduardo Martinez (510-620-6593). Continued from the June 7, 2022, meeting.

Continued to the June 28, 2022, City Council meeting.

W.3 City Manager's Office
W.3.a FY 2022-2023 Richmond Environmental and Community Investment Agreement (ECIA) Community Grant Program Grant Awardee
Recommendation
APPROVE a recommendation from the Environmental & Community Investment Agreement (ECIA) Grant Review Committee for Fiscal Year 2022-2023 grant awards to 10 organizations in an amount not to exceed $225,000; ADOPT a resolution; and AUTHORIZE the city manager to negotiate and execute Grant Service Agreements with approved grantees – City Manager’s Office (LaShonda White/Patrick Seals/Shane Johnson 510-620-6512).

Adopted Resolution No. 82-22
W.3.b FY 2022-2023 Richmond Department and Fund for Children and Youth Grant Awardee Recommendation
APPROVE a recommendation from the Richmond Fund for Children and Youth (RFCY) Oversight Board for Fiscal Year 2022-2023 to award 19 grants in an amount not to exceed $1,434,317; ADOPT a resolution; and AUTHORIZE the City Manager to negotiate and execute Grant Service Agreements with the approved grantees – Richmond Department of Children & Youth (LaShonda White/Patrick Seals 510-620-6512).

Continued to the June 28, 2022, City Council meeting.

W.4 Community Development
W.4.a Guidelines for Implementation of the Inclusionary Housing and Affordable Housing Linkage Fee Ordinance

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ADOPT a resolution approving the Guidelines for Implementation of the Inclusionary Housing and Affordable Housing Linkage Fee Ordinance - Community Development Department (Lina Velasco 510-620-6705).

Adopted Resolution No. 83-22
W.4.b Execute an EPA Brownfields Assessment Coalition Memorandum of Agreement and Amend the Stantec Consulting Services Contract AUTHORIZE the city manager to execute a Memorandum of Agreement between the City of Richmond, Contra Costa County, Community Housing Development Corporation of North Richmond, and Eden Housing, Inc. to identify and prioritize brownfield sites for assessment; and APPROVE a contract amendment with Stantec Consulting Services to increase the payment limit by $559,000, for a total amount not to exceed $630,986, and extending the term to December 31, 2024 – Community Development Department (Lina Velasco 510-620-6706).

W.5 Economic Development
W.5.a City’s Transformative Climate Communities Program Application and Memorandum of Understanding
ADOPT a resolution authorizing the city manager or designee to apply, accept, and appropriate a Transformative Climate Communities grant and execute all related documents, if awarded, and authorizing the city manager or their designee to execute a Memorandum of Understanding with Co-applicants –Economic Development Department/Community Development Department (Lina Velasco/Samantha Carr 510-620-5407).

Adopted Resolution No. 84-22
W.5.b Contract with Art Builds Community to Develop a Public Art Master Plan APPROVE a contract with Art Builds Community (ABC) to create an actionable Public Art Master Plan, in a total amount not to exceed $35,000, for a term beginning June 22, 2022, and ending June 30, 2023 – Economic Development Department (Shasa Curl/Winifred Day 510-620- 6512).

W.5.c Contract with the Richmond Art Center (RAC)
APPROVE a two-year sole source contract with the Richmond Art Center to provide visual art services, in the amount of $55,000 per year, for a total contract amount not to exceed $110,000, with a term from July 1, 2022, through June 30, 2024 - Economic Development Department (Shasa Curl/Winifred Day 510-620-6512).

W.5.d Contract Amendment for Low-Income Solar Installation Services APPROVE a fourth amendment to the contract with GRID Alternatives Bay Area to provide no cost solar systems on an additional 138 low- income homes, increasing the contract by $1,750,000, for a total contract amount not to exceed $3,150,872, and extending the term to June 30, 2025 - Economic Development Department (Samantha Carr/Sabrina Paras 510- 620-5407).

W.6 Finance Department
W.6.a Approval of Liens and Special Assessments for Unpaid Garbage Collection Service Fees Due to Republic Services

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ADOPT a resolution authorizing placement of liens and special assessments for unpaid garbage collection service fees on County property tax records – Finance Department (Delmy Cuellar/Antonio Bañuelos 620- 6741).

Adopted Resolution No. 85-22
W.6.b Fiscal Year 2022-2023 Annual Appropriations Limit ADOPT a resolution approving the Fiscal Year 2022-2023 appropriations limit for the City of Richmond pursuant to Article XIIIB of the Constitution of the State of California – Finance Department (Delmy Cuellar/Mubeen Qader 510-412-2077).

Adopted Resolution No. 94-22
W.6.c Amend Contract with KPM as the City’s Swap Advisor to Refinance the 2005 Series B Pension Obligation Bonds ("2005 POB's")
APPROVE an amended sole-source contact with KPM to extend the term through June 30, 2023, and increase the current contract amount by $40,000, for a total payment limit not to exceed $50,000, to perform swap analysis – Finance Department (Anil Comelo/Delmy Culler 510-620- 6600).

W.6.d Resolution Authorizing Issuance of Taxable Pension Refunding Bonds, Series 2022 ("2022 Refunding Bonds")
ADOPT a resolution authorizing issuance of taxable pension refunding bonds, series 2022, to refund certain outstanding taxable pension funding bonds of the City, authorizing the execution of a first supplemental indenture, and approving and directing of other matters related thereto – Finance Department (Delmy Cuellar 510-620-6740).

Interim Deputy City Manager Internal Services Anil Comelo introduced the matter. Mark Northcross of NHA Advisors provided an oral report.

Discussion ensued.

Motion by Councilmember Jimenez
Seconded by Councilmember Johnson III
To adopt said resolution.

Ayes (7): Councilmember Bates, Councilmember Jimenez,
Councilmember Johnson III, Councilmember McLaughlin,
Councilmember Willis, Vice Mayor Martinez, and Mayor Butt Passed (7 to 0)
Adopted Resolution No. 86-22
W.6.e City of Richmond Audited Reports for the Fiscal Year Ended June 30, 2021
RECEIVE Audited reports for Single Audit, Richmond Joint Powers Financing Authority Report, and Independent Accountant’s Report on Agreed-Upon Procedures Applied to Appropriations Limit Schedule for Fiscal Year 2020-2021 – Finance Department (Delmy Cuellar 510-620- 6740).

W.7 Human Resources

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W.7.a Approve a Two-Year Extension to Contract with Du-All Safety, LLC to Continue to Provide Safety Program Compliance Services
APPROVE a two-year contract amendment with Du-All Safety LLC, increasing the amount of the contract by $317,531, for a total amount not to exceed $760,206, to continue providing safety program compliance services, with a term ending June 30, 2024 - Human Resources Department (Laura Marquez 510-620-6974).

W.8 Information Technology
W.8.a Purchase of a Tabbing Machine for use by the City’s Duplicating Mail Division
APPROVE the purchase of a tabbing machine from Saddle Point Systems in an amount not to exceed $30,000 – Information Technology Department (Sue Hartman 510-620-6874).

W.9 Library and Community Services
W.9.a Contract with Jason Corburn to Provide a New Online Client Database, System Maintenance, and Support
APPROVE a contract with Jason Corburn to develop a client case- management database, that provides for data collection support, maintenance, training, analysis, and reporting for the Office of Neighborhood Safety. The contract will be for two (2) years with a term from June 22, 2022, through June 30, 2024, and a payment limit not to exceed $40,000 – Library and Community Services Department (LaShonda White/Sam Vaughn 510-620-5422).

W.9.b Contract with Rebuilding Together East Bay-North for Emergency Cooling Structures
APPROVE a sole-source contract with Rebuilding Together East Bay- North, in an amount not to exceed $83,830, to provide design, construction, and staffing services for modular emergency cooling structures – Library and Community Services Department (LaShonda White/Jene Levine-Snipes 510-307-8132)
W.9.c Extension of Contra Costa County Health Services Covid-19 Vaccine and Testing Center at the Richmond Convention Center
APPROVE a third amendment to extend the agreement with Contra Costa County Health Services to continue the COVID-19 Vaccine and Testing Center at the Richmond Convention Center terrace rooms until June 30, 2023, and WAIVE fees associated with the third amendment – Library and Community Services Department (LaShonda White/Ranjana
Maharaj/Kymberlyn Carson-Thrower 510-620-6512)
W.9.d Accept and Appropriate Share the Spirit 2021 Additional Funds Grant Award
ACCEPT and APPROPRIATE in the Fiscal Year 2021-2022 budget $4,000 received from Share the Spirit East Bay 2021 Additional Funds Grant – Library and Community Services Department (Melinda Cervantes/Abigail Sims-Evelyn 510-307-8082).

W.9.e Contract with Ed Fund to Provide Youth Programs to Camp Achieve Youth in Partnership with Community Services-Recreation

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APPROVE a contract with West Contra Costa Public Education Fund to provide free youth programs in partnership with Community Services- Recreation to 6th, 7th, and 8th graders through Camp Achieve’s 8-week summer camp program. The term of the contract is July 1, 2021, through June 30, 2025, in an amount not to exceed $54,000 - Library and Community Services Department (LaShonda White/Ranjana
Maharaj/Troy Porter 510-620-6822).

Continued to the June 28, 2022, City Council meeting.

W.9.f Convert the West Side Tennis Court at Booker T. Anderson to Two Fixed Pickleball Courts
APPROVE the conversion of one tennis court at the Booker T. Anderson tennis courts to two permanent pickleball courts – Library and Community Services Department/Public Works Department (Ranjana Maharaj/Tetteh Kisseh/Greg Hardesty 510-620-6919).

W.9.g Fiscal Year 2022-2023 Budget for the North Richmond Waste & Recovery Mitigation Fee Expenditure Plan
APPROVE the 2022/2023 North Richmond Waste and Recovery Mitigation Fee Expenditure Plan (Exhibit A) for Fiscal Year 2022-2023, as recommended by the North Richmond Mitigation Waste and Recovery Mitigation Fee Joint Expenditure Planning Committee, to fund the listed projects and activities in the Fiscal Year that support the reduction of blight in North Richmond – Library and Community Services Department (LaShonda White/Lori Reese-Brown 510-620-6869)
W.10 Mayor's Office
W.10.a Disposition of Open Space at Point Molate
DIRECT staff to prepare a Request for Proposal (RFP) to be circulated as widely as possible soliciting proposals to manage the Point Molate Open Space for public use. The RFP should include solicitation of proposals for an operations plan, funding, implementation schedule, and other details essential for the City Council to make a selection of the best proposal. The RFP shall be released no later than August 1, 2022, with proposals due no later than September 15, 2022 – Mayor’s Office (Mayor Tom Butt 510- 620-6503).

Tabled without debate during Agenda Review.

W.11 Police Department
W.11.a Resolution Authorizing a Sole Source Procurement Process for Selected Specialized Police Department Services
ADOPT a resolution authorizing the city manager to execute reoccurring contracts for fiscal years 2022-2023 and 2023-2024 with Contra Costa County and the State of California at an aggregate annual amount of $951,000. Services contracted with Contra Costa County include the following: California Law Enforcement Telecommunications System (CLETS) - $11,000; California Identification Division (CAL ID) - $145,000; Automated Regional Information Exchange System (ARIES) - $50,000; All County Criminal Justice Information System (ACCCJIN) - $23,500; Martinez Detention Facility intake fees - $46,000; alcohol/toxic drug and crime scene evidence analysis - $365,000; Sexual Assault Response Team (SART) examinations- $41,000; annual jail inspection

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and audit - $1,000; Coroner & Gunshot Residue (GSR) examination and analysis - $10,000; out of state inmate extradition - $4,000; Law Enforcement Training Center - $21,000; Department of Information Technology - $29,500; East Bay Regional Communication System Authority (EBRCS) - $182,500. The State of California contracted services including Live Scan fingerprinting - $16,500 and University of California Regents - $5,000 – Police Department (Acting Chief of Police Louie Tirona 510-621-1802).

Adopted Resolution No. 87-22
W.11.b Proposed 5-year, $927,000 contract amendment, with Mark43 for continued use of critical dispatching and records software.

APPROVE a first contract amendment with Mark43 to increase the contract amount by $927,000, for a total payment limit not to exceed $2,427,000, and a term extending through June 30, 2027 - Police Department (Acting Chief Louie Tirona 510-621-1802).

W.12 Public Works
W.12.a Proposed Contract with Julian Tree Care
APPROVE a contract in the amount of $17,800 for the removal of dead pine trees at the Macdonald Avenue grade separation. The contract term will be from July 1, 2022, to December 31, 2022 – Public Works Department (Joe Leach 510-620-5478/Greg Hardesty 510-620-6920).

W.12.b Contract Amendment to Increase Total Contract Budget for the Project to Replace the Grit and Aeration Project Located at the Richmond Wastewater Treatment Plant
ADOPT a resolution to increase the contract budget for the Grit and Aeration Basin project located at the Richmond Wastewater Treatment Plant, in the amount of $3,500,000, for a total amount not to exceed $45,606,488 - Public Works Department (Joe Leach 510-620-5478 / Mary Phelps 510-621-1269).

Adopted Resolution No. 88-22
W.12.c Resolution to Issue a New Contract to Schaaf and Wheeler Consulting Civil Engineers
ADOPT a resolution authorizing a contract extension with Schaaf and Wheeler Consulting Civil Engineers to design the Ferry Point Lift Sewer Pump Station replacement located at the intersection of Brickyard Cove Road and Dornan Road for an amount not to exceed $159,948.24 - Public Works Department (Joe Leach 510-620-5478/Mary Phelps 510-621- 1269).

Adopted Resolution No. 89-22
W.12.d Contract with Ninyo & Moore for Terminal 4 Wharf Removal Project APPROVE a contract with Ninyo & Moore, in an amount not to exceed $50,000, to provide hazardous materials characterization services for the Terminal 4 Wharf Removal Project, to be funded by various grants awarded to the City for this project, with a contract term through December 31, 2023 – Public Works Department (Joe Leach 620-5478).

W.12.e Proposed Standing Purchase Order for Traffic Signs & Lines Materials

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APPROVE standing purchase orders with First Vanguard Rentals and Sales, Inc., Statewide Traffic Safety and Signs, Inc., and The Construction Zone for traffic signs and lines materials in a total combined amount of $900,000, with an allocation not-to-exceed $300,000 per vendor over a three-year period, with one (1) two-year option to renew at $200,000 per vendor over the two-year period. – Public Works Department (Joe Leach 510-620-5478 / Rob Chelemedos 510-231-3007).

X. BUDGET SESSION
X.1 Adopt Fiscal Year (FY) 2022-2023 Proposed Operating Budget and FY 2022- 2023 through 2026-2027 Capital Improvement Plan.

ADOPT resolutions approving: (1) Fiscal Year (FY) 2022-2023 Annual Operating Budget, and (2) FYs 2022-2023 to 2026-2027 Five-Year Capital Improvement Program Budget – City Manager’s Office/Finance Department (Shasa Curl/Delmy Cuellar 510-620-6740).

City Manager Shasa Curl introduced the matter. Ms. Curl, Director of Finance Delmy Cuellar, Accounting Manager Antonio Banuelos, and Budget Administrator Mubeen Qader presented a PowerPoint that highlighted the following: proposed General Fund balanced budget; revenue and expenditures; operating transfers and adjustments; reserves; non-General Fund budget; proposed Capital Improvement Projects (CIP) budget; and fiscal headwinds. Ms. Curl clarified that the $1,000,000 adjustment for "Additional Paving Index Investment" should have stated, "Additional Paving Index Investment/Sidewalk Repair/Roadway Safety Improvements". Discussion ensued. The council recommended staff move the proposed $750,000 appropriation for the Public Bank to the American Rescue Plan Act (ARPA) funding for a future council vote and utilize the $750,000 for road safety initiatives. The council requested the following: remove the $150,000 ARPA community needs assessment funds from the CIP budget; add to the narrative in the budget the key performance indicators evaluating the progress of CIP; seek additional funding to rebuild the Martin Luther King Jr. Community Center; staff to resend the council the internal audit of housing intervention expenditures for the Rydin Road encampment; and future updates on repairs to re-open the Booker T. Anderson Community Center. The following individuals gave comments via teleconference: Leisa Johnson, Mark Wassberg, and Amanda Jenkins.

Motion by Councilmember McLaughlin
Seconded by Councilmember Jimenez
To adopt said resolutions with the understanding that the $750,000 Public Bank appropriation will be moved to ARPA funding (if eligible) and the $750,000 will be reallocated to traffic safety initiatives. A friendly amendment made by Councilmember Jimenez that $150,000 should be removed from the Capital Improvement Projects budget for an ARPA community needs assessment was accepted.

Ayes (5): Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, Councilmember Willis, and Vice Mayor Martinez Noes (2): Councilmember Bates and Mayor Butt
Passed (5 to 2)
Adopted Resolution Nos. 90-22 and 91-22
Y. PUBLIC HEARINGS

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Y.1 Public Hearing to Consider the Levy of Annual Assessments for the Hilltop Landscape Maintenance District
ADOPT a resolution approving the Engineer’s Report and ordering the levy and collection of assessments in the Hilltop Landscape Maintenance District for the Fiscal Year 2022-2023, providing for a three percent increase in annual assessments - Public Works Department (Joe Leach 510-620-5478/Greg Hardesty 510-620-6920).

City Clerk Pamela Christian announced that it was time, pursuant to public notice, to hold a public hearing. Project Manager Mary Phelps provided an oral report.

Discussion ensued. The council expressed concerns regarding overgrown weeds along Richmond Parkway in the Hilltop area. Staff agreed to provide the council with a maintenance schedule for the area. Mayor Butt declared the public hearing opened. The following individuals gave comments via teleconference: Naomi Williams, Mark Wassberg, Amanda Jenkins, Jessi Taran, Katherine (last name not stated), and Arto Rinteela gave comments via teleconference. Mayor Butt closed the public hearing.

Motion by Councilmember McLaughlin
Seconded by Vice Mayor Martinez
To adopt said resolution.

Ayes (7): Councilmember Bates, Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, Councilmember Willis, Vice Mayor Martinez, and Mayor Butt
Passed (7 to 0)
Adopted Resolution No. 92-22
Y.2 Public hearing to consider the levy of annual assessments for the Marina Bay Landscaping and Lighting Maintenance District
ADOPT a resolution approving the Engineer’s Report and ordering the levy and collection of assessments in the Marina Bay Landscape and Lighting Maintenance District for the Fiscal Year 2022-2023 providing for a three percent increase in annual assessments - Public Works Department (Joe Leach 510-620-5478/Greg Hardesty 510-620-6920).

City Clerk Pamela Christian announced that it was time, pursuant to public notice, to hold a public hearing. Project Manager Mary Phelps provided an oral report.

Mayor Butt declared the public hearing opened. There were no public speakers via teleconference. Mayor Butt closed the public hearing.

Motion by Councilmember McLaughlin
Seconded by Councilmember Johnson III
To adopt said resolution.

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RECEIVE a presentation on ideas to maximize communication, raise employee morale, and to acknowledge the dedication of staff; and provide direction to staff.

Councilmember Melvin Willis (510-412-2050) and Councilmember Claudia Jiménez (510) 620-6565. This item was continued from the March 22, 2022, April 26, 2022, and May 24, 2022, meetings.

Councilmembers Willis and Jimenez introduced the matter. Councilmember Willis presented a PowerPoint that highlighted the data gathered, concerns, and suggested solutions. Discussion ensued. The following individuals gave comments via teleconference: Mark Wassberg, Jessi Taran, Leisa Johnson, Deborah Small, Anna (last name not stated), Anthony Woodards, and Benjamin Therriault.

Z.2 Reintroduce an Ordinance (First Reading) to Revise and Amend Richmond Municipal Code Chapter 12.30
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, and June 7, 2022, meetings.

Interim City Attorney Dave Aleshire introduced the matter and provided an oral report.

Motion by Councilmember Willis
Seconded by Councilmember McLaughlin
To reintroduce said ordinance for first reading and lay over for two weeks for the second reading.

Ayes (7): Councilmember Bates, Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, Councilmember Willis, Vice Mayor Martinez, and Mayor Butt
Passed (7 to 0)

Z.3 Private Landowner Encroachments
RECEIVE a report from the City Attorney regarding the legality of staff awarding and transferring city property without approval from the City Council - Councilmember Nathaniel Bates (510-620-6743). This item was continued from the May 17, 2022, May 24, 2022, and June 7, 2022, meetings.

Councilmember Bates introduced the matter. Interim City Attorney Dave Aleshire advised that the council's action taken for Item Z.2 created a standardized process to address concerns regarding Item Z.3. Discussion ensued. The council suggested that staff should be held accountable for correcting the recent transfer of city property on Tewksbury Avenue and restoring the property to its original purpose.

Z.4 The Segal Group Inc., Classification and Compensation Study DIRECT the City Manager to release the Class and Compensation Study to the City Council – Mayor’s Office (Mayor Tom Butt 510-620-6503). This item was continued from the May 17, 2022, May 24, 2022, and June 7, 2022, meetings.

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Mayor Butt introduced the matter. Interim Deputy City Manager Internal Services Anil Comelo and Interim City Attorney Dave Aleshire provided an oral report.

Discussion ensued. Staff advised that the study was scheduled for release on June 23, 2022. Benjamin Therriault gave comments via teleconference.

Motion by Mayor Butt
Seconded by Councilmember Jimenez
To direct staff to release said study on June 23, 2022.

Ayes (7): Councilmember Bates, Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, Councilmember Willis, Vice Mayor Martinez, and Mayor Butt
Passed (7 to 0)

Z.5 Street Sweeping
DIRECT the city manager to incorporate into the 2022-23 budget funding to provide: new street sweeping signage in neighborhoods that have not previously been signed; repairs/replace existing deteriorated signage in neighborhoods that have previously been signed; sufficient staff and equipment to perform scheduled street sweeping operations in all neighborhoods; sufficient enforcement staff to issue citations for vehicles not moved on designated street sweeping days and times. AUTHORIZE vehicle towing operations in areas where citations have not provided sufficient motivation for residents to move vehicles – Mayor’s Office (Mayor Tom Butt 510-620-6503). This item was continued from the May 24, 2022, and June 7, 2022, meetings.

Mayor Butt introduced the matter. Discussion ensued. The following individuals gave comments via teleconference: Mark Wassberg, Don Gosney, Arto Rinteela, and Yenny Garcia gave.
(At 11:00 p.m. - a motion made by Councilmember Willis, seconded by Councilmember Jimenez, to extend the meeting to 11:30 p.m. passed by the following vote: Ayes: Councilmembers Bates, Jimenez, Johnson III, McLaughlin, Willis, and Vice Mayor Martinez. Noes: Mayor Butt. Abstentions:

None. Absent: None).

Motion by Councilmember McLaughlin
Seconded by Councilmember Jimenez
To approve said direction to staff excluding the authorization for vehicle towing; direct staff to install street sweeping signage in all 16 neighborhoods and provide costs; enable text message notification reminders; and provide one-time postcard mailing and a city website link with instructions for how to opt-in for text messages. A friendly amendment made by Mayor Butt with a stipulation that vehicle towing was not authorized to enforce but printed on signage for future enforcement was not accepted. A friendly amendment made by Vice Mayor Martinez to start with heavy traffic streets and install signs equitably was accepted.

Ayes (5): Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, Councilmember Willis, and Vice Mayor Martinez Noes (2): Councilmember Bates, and Mayor Butt
Passed (5 to 2)

AA. NEW BUSINESS

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AA.1 Collaborative approach between Safe Organized Spaces Richmond (SOS), the Richmond Rotary Club Housing First Initiative, and various related partners to assist the unhoused.

DIRECT staff to create two contracts that outline a collaborative approach between Safe Organized Spaces Richmond (SOS), the Richmond Rotary Club Housing First Initiative, and various related partners and bring back the contracts to the City Council for approval before the August break. The fiscal sponsor for both contracts will be the Richmond Community Foundation – Councilmembers Gayle McLaughlin and Melvin Willis (510) 620-6581.

Withdrawn from the agenda.

AA.2 Resolution Establishing the Fiscal Year 2022-23 Residential Rental Housing Fee
ADOPT a resolution establishing the Fiscal Year 2022-2023 Residential Rental Housing Fee in the amount of $226 per Controlled Rental Unit and $127 per Partially Covered Rental Unit – Rent Program (Nicolas Traylor 510-620-6564).

Consider if budget should be modified to provide General Fund support at historic level and if revised cost study should be performed by parties.

Continued to the July 5, 2022, City Council meeting.

AB. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
AC. ADJOURNMENT
There being no further business, the meeting adjourned at 11:32 p.m., in memory of Rochelle Cartwright and Mrs. House, and congratulating the new Colombian President Gustavo Petro and Vice President Francia Márquez, to meet again on June 28, 2022, at 6:30 p.m.

Clerk of the City of Richmond Mayor

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RICHMOND, CALIFORNIA, June 28, 2022

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 4:30 p.m. by Mayor Thomas K. Butt via teleconference.

B. ROLL CALL

Present: Councilmembers Demnlus Johnson III, Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent: Councilmembers Nathaniel Bates, Claudia Jimenez, and Gayle McLaughlin arrived after the roll was called.

C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Winehaven Legacy LLC v. City of Richmond, et al.
 The Guidiville Rancheria of California et al. v. USA et al.  City of Long Beach v. Monsanto Co.

C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
 Riggers Loft Wine Company
C.3 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
 Agency Representatives: Jaclyn Gross, Teresa Fairbanks, and Anil Comelo Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit

2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.4 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
 Property: 1324 Canal Boulevard (General Warehouse, Port of Richmond) Agency negotiator: Lizeht Zepeda
Negotiating parties: Richmond GrownUnder negotiation: Price and terms of payment

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D. PUBLIC COMMENT BEFORE CLOSED SESSION
Mayor Butt announced his recusal from Item C.4 due to a conflict of interest.

The following individuals gave comments regarding Item C.3 via teleconference: Khoa Nguyen, Benjamin Therriault, Jason Mallari, Mark Hall, Peggy Chou, Andrea President, Michael Pagaling, Daniel Reina, Tom Tran, Mariah Farr, Jose Salala, Alexander Caine, and Alyssa Alvarado.

E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:51 p.m. Closed Session adjourned at 6:59 p.m.

F. AMENDED REGULAR MEETING OF THE RICHMOND CITY COUNCIL AGENDA
The Regular Meeting of the Richmond City Council was called to order at 7:01 p.m. by Mayor Thomas K. Butt via teleconference.

G. ROLL CALL

Present: Councilmembers Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent:

Councilmember Nathaniel Bates arrived after the roll was called.

H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The public comment instructional video was shown.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
Item O.5.e was removed from the Consent Calendar for discussion immediately following approval of the Consent Calendar.

K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
Interim City Attorney Dave Aleshire reported there was a state court action that issued a temporary restraining order (TRO) with regard to Item C.1, the Winehaven and Guidiville litigations, preventing the City of Richmond from going forward with the sale to Upstream/Guidiville; and the TRO called for a hearing on the matter on August 4, 2022. Mr. Aleshire also reported that the federal court ordered the City of Richmond to prepare a grant deed and deposit it in an escrow to be released out of the escrow based upon a court order or the mutual agreement of the parties. Mr. Aleshire reported that with regard to Item C.2, there was a motion by Councilmember Willis, seconded by Mayor Butt, directing staff to attempt a workout with the tenant making their current and past due unpaid rent payments, and return to the council with a proposal passed by a vote of 6-0 with Councilmember Jimenez abstaining. Mr. Aleshire reported that with regard to Item C.4, the negotiating team was working at the direction of a subcommittee to develop a proposal and would report back to the council at the next council meeting.

L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl announced the Third of July Fireworks Celebration at Marina Bay Park. Ms. Curl also announced that affordable housing waitlists were opened until June 30, 2022, for the Hacienda and Terrace senior apartments. Applications were

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available by visiting www.contracostahousing.org or calling (510) 620-6512 for assistance.

M. CRIME REPORT FROM POLICE CHIEF - 4th Tuesday (public comment allowed under Open Forum)
Police Investigations Captain Al Walle reported the following police activities from May 24 to June 28, 2022: violent crimes increased by 8% with two homicides, 27 aggravated assaults, 16 robberies, and seven sexual assaults; property crimes increased by 53% with 58 burglaries, 137 thefts, 81 vehicle thefts, and four arsons; and calls for service increased by 27% with 1,130 total calls, 101 shots fired calls (5% increase), and Patrol Beat 7 in the northern district continuing to generate the highest number of calls for service.

N. OPEN FORUM FOR PUBLIC COMMENT
The following individuals gave comments via teleconference:

Soheila Bana expressed concerns regarding economic development and unhappy businesses in Richmond. Ms. Bana urged the council to collaborate with business leaders in Richmond for mutually beneficial solutions.

Ezekiel Wallace expressed concerns regarding the closure and selling of the Laborers' International Union Hall Local 324 located at 101 South 12th Street. Mr. Wallace shared the many contributions and employment opportunities provided by the union hall.

Don Gosney announced that the Plumbers & Steamfitters Local Union 342 was hosting signups for its apprentice program starting August 1, 2022. Mr. Gosney encouraged applicants to apply or call him at (510) 685-2403 for more information.

Max Fefer reported several vehicle sideshows at the intersection of Key Boulevard and Barrett Avenue posing a public safety hazard. Mr. Fefer requested the installation of a temporary round-about and Capital Improvement Program funds to install a permanent round-about recommended by staff in the year 2018.

Mark Wassberg expressed concerns that residents of the Rydin Road and Castro Street encampments did not attend and were not provided transportation to the Hilltop Community Church Job Fair held on Saturday, June 25, 2022. Mr. Wassberg gave comments regarding Richmond business taxes. Mr. Wassberg shared his experience working in a refinery.

Eleanor Thompson apologized for soliciting the council to fund her program. Ms.

Thompson expressed concerns regarding the lack of funding granted to North Richmond programs. Ms. Thompson urged the council to consider granting $50,000 to two programs in North Richmond.

Katrinka Ruk, Steve Bischoff, Leisa Johnson, Bhavin Khatri, and Shawn Dunning gave comments regarding the City of Richmond's gross receipts business tax (Measure U) and its impact on Richmond businesses. Ms. Johnson recommended the council reconsider having a blue-ribbon committee to review how to fairly set the business tax rates.

O. CITY COUNCIL CONSENT CALENDAR
Motion by Councilmember Johnson III
Seconded by Councilmember McLaughlin
To approve all items on the Consent Calendar except Item O.5.e.

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Ayes (7): Councilmember Bates, Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, Councilmember Willis, Vice Mayor Martinez, and Mayor Butt
Passed (7 to 0)
O.1 City Attorney's Office
O.1.a Approval of Fourth Amendment to Liebert Cassidy Whitmore Legal Services Agreement
APPROVE the Fourth Amendment to the legal services agreement with Liebert Cassidy Whitmore for the continuation of labor negotiations and other legal services, in the amount of $50,000, for a new total contract amount not to exceed $1,085,000, and extending the term six months through December 31, 2022 – City Attorney’s Office (Jaclyn Gross 510- 620-6709)
O.1.b Approval of two Legal Services Agreement amendments with the law firms of (1) Holland & Knight and (2) Maloney Employment Law for a total amount of $200,000
APPROVE amendments to two legal service agreements with the law firms of (1) Holland & Knight and (2) Maloney Employment Law, for a total amount of $200,000, for a term from June 28, 2022, to June 30, 2023– City Attorney’s Office (Dave Aleshire 510-620-6509).

O.1.c Ordinance to Revise and Amend Richmond Municipal Code Chapter

12.30 ADOPT an ordinance (second reading) amending Richmond Municipal Code 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).

Adopted Ordinance No. 09-22 N.S.

O.2 City Clerk's Office
O.2.a City Council Minutes
APPROVE the minutes of the June 14, 2022, Richmond City Council Special Closed Session - City Clerk's Office (Pamela Christian 510-620- 6513).

O.3 Community Development
O.3.a Surplus Land Act Resolution for OBAG funding
ADOPT a resolution to affirm compliance with the Surplus Land Act (as amended by Assembly Bill 2135) to satisfy requirements of the Metropolitan Transportation Commission (MTC) for its One Bay Area Grant (OBAG) program – Community Development Department (Lina Velasco 510-620-6841).

Adopted Resolution No. 95-22

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O.4 Human Resources
O.4.a Proposed 6-Month Extension Contract with Acclamation Insurance Management Services, Inc. to Continue Serving as the City's Third-Party Administrator of Workers' Compensation Claims.

APPROVE a third contract amendment with Acclamation Insurance Management Services, Inc. to continue serving as the City's third-party administrator of workers' compensation claims, for a total payment limit not to exceed $314,386, and extending the term six months through December 31, 2022 – Human Resources Department (Laura Marquez 510- 620-6974).

O.4.b Contract Amendment with George Hills Company, Inc. to Continue to Provide Third-Party Administration (TPA) of General Liability Claims Received by the City
APPROVE a six-month contract amendment with George Hills Company, increasing the amount of the contract by $88,560, for a total amount not to exceed $598,560 to continue to provide third-party administration of general liability claims received by the City, with an extended term ending December 31, 2022 - Human Resources Department (Laura Marquez 510- 620-6974).

O.5 Mayor's Office
O.5.a Appointment(s) to the Economic Development Commission APPROVE appointment(s) to the Economic Development Commission:

APPOINT Daniel Heiss, new appointment, seat #2, filling an unexpired term with an expiration date of March 30, 2024; Andrea Portillo- Knowles, re-appointment, seat #15, term expiration date of March 30, 2025 – Mayor’s Office (Mayor Tom Butt 510-620-6503).

O.5.b Appointment(s) to the Human Rights and Human Relations Commission APPROVE appointment(s) to the Human Rights and Human Relations Commission; APPOINT Reza Yazdi, re-appointment, seat #4, term expiration date March 30, 2025; Rabia Watson, new appointment, seat #5, filling an unexpired term with an expiration date of March 30, 2025 – Mayor’s Office (Mayor Tom Butt 510-620-6503).

O.5.c Appointment(s) to the Commission on Aging
APPROVE appointment(s) to the Commission on Aging: APPOINT Michelle Hayes, re-appointment, seat #13, term expiration date May 19, 2026 – Mayor’s Office (Mayor Tom Butt 510-620-6503).

O.5.d Appointment(s) to the Recreation and Parks Commission APPROVE appointment(s) to the Recreation and Parks Commission:

APPOINT Eleanor Thompson, re-appointment, seat #5, term expiration date October 26, 2024 – Mayor’s Office (Mayor Tom Butt 510-620-6503).

O.5.e Vacant Seats on Richmond Boards, Commissions and Committees ANNOUNCE recent resignation from City of Richmond boards, commissions, and committees; and ANNOUNCE vacancies as of June 21, 2022, and ask that interested individuals send applications to the City Clerk – Mayor’s Office (Tom Butt 510-620-6503).

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Mayor Butt announced said resignations, vacancies, and encouraged community members to apply. Discussion ensued. The council expressed concerns regarding the numerous vacancies and lack of appointments for the Arts and Culture Commission. The following individuals gave comments via teleconference: Mark Wassberg, Michele Seville, and Phillip Mehas.

O.6 Police Department
O.6.a Proposed Agreement for the Provision of Communication Services by the City of Richmond to the City of El Cerrito.

ADOPT a resolution authorizing the city manager to execute an agreement for the provision of communication services by the City of Richmond to the City of El Cerrito from July 1, 2022, to June 30, 2027, with revenue to the City of Richmond as follows: $812,461 in Fiscal Year (FY) 2022- 2023, $828,710 in FY 2023-2024, $845,285 in FY 2024-2025, $862,190 in FY 2025-2026, and $879,434 in FY 2026-2027 – Police Department (Acting Chief Louie Tirona 621-1802).

Adopted Resolution No. 96-22
O.7 Public Works
O.7.a Request to Temporarily Display a Plaque at Shimada Friendship Park APPROVE a request to temporarily display a plaque at Shimada Friendship Park until it can be permanently installed at its formal location at Miraflores Sustainable Greenbelt – Public Works Department (Joe Leach 620-5478/Greg Hardesty 620-6920).

P. ITEMS CONTINUED FROM PREVIOUS MEETINGS
P.1 The Contra Costa County is Increasing the Per Capita Cost for Animal Services in the County Cities
RECEIVE a presentation from the Contra Costa County Animal Control Department on the proposed new agreement and increase in fees for service – Councilmember Bates (510-620-6743). This item was continued from the May 24, 2022, meeting.

Contra Costa County (CCC) Supervisor John Gioia introduced the matter. CCC Director of Animal Services Beth Ward presented a PowerPoint that highlighted the following: animal services agency divisions; access to services and cost; top activities in Richmond; agreement history, updated services, and fee structure; responses to public comments; and Pinole shelter closure. Discussion ensued.

Laureen Lober of the Animal Rights Coalition raised concerns regarding animal shelter services. The following individuals gave comments via teleconference:

Jessi Taran, Lisa Kirk, Mark Wassberg, Hulan Barnett, and Charlette (last name not stated). The council recommended the City of Richmond signed a one-year contract with CCC Animal Services; the mayor appoint Councilmembers Bates and Willis to a committee to work with the cities of El Cerrito, San Pablo, Pinole, Hercules, and Richmond to create a joint powers authority to oversee animal services; and include a member from the Animal Rights Coalition on the committee.

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P.2 Expand The Terms of Appropriated ARPA Flex Funds for Rydin Road Residents
AMEND direction provided by City Council on December 21, 2021, which appropriated $50,000 for flex funds for vehicle repair and servicing, to expand the terms under which these funds can be spent, to be overseen by the Community Development Department - Vice Mayor Eduardo Martinez (510-620-6593). This item was continued from the June 7, 2022, and June 21, 2022, meetings.

Vice Mayor Martinez introduced the matter. Director of Community Development Lina Velasco provided an oral report. Discussion ensued. The following individuals gave comments via teleconference: Mark Wassberg, Don Gosney, Darin Lounds, Lea Murray, Jessi Taran, Brenda B., Amanda Jenkins, Eli Moore, Darnice Lintom, and Katherine (last name not stated).

Main Motion
Motion by Councilmember Jimenez
Seconded by Councilmember Willis
To approve the item as recommended.

Ayes (5): Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, Councilmember Willis, and Vice Mayor Martinez Noes (2): Councilmember Bates, and Mayor Butt
Passed (5 to 2)

Substitute Motion
Motion by Councilmember Bates
Seconded by Mayor Butt
To approve the item as recommended with the condition that the approximately thirty-five Rydin Road unhoused residents sign a condition that they would vacate Rydin Road within the period of time from August to September of 2022 and once they had vacated, the city would use traffic measures with no parking red zones and violators would be ticketed and towed.

Ayes (3): Councilmember Bates, Councilmember Johnson III, and Mayor Butt Noes (4): Councilmember Jimenez, Councilmember McLaughlin, Councilmember Willis, and Vice Mayor Martinez
Failed (3 to 4)

P.3 FY 2022-2023 Richmond Department and Fund for Children and Youth Grant Awardee Recommendation
APPROVE a recommendation from the Richmond Fund for Children and Youth (RFCY) Oversight Board for Fiscal Year 2022-2023 to award 19 grants in an amount not to exceed $1,434,317; ADOPT a resolution; and AUTHORIZE the city manager to negotiate and execute Grant Service Agreements with the approved grantees – Richmond Department of Children & Youth (LaShonda White/Patrick Seals 620-6512). This item was continued from the June 21, 2022, meeting.

Community Services Director LaShonda White introduced the matter. Ms. White and Senior Management Analyst Patrick Seals provided an oral report. Eleanor

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Thompson gave comments via teleconference. Discussion ensued. The council recommended staff provide two-months advance notice to allow more time for grant applicants to learn the process and reach the requirements. The council requested more support for eligible city departments to apply for RFCY grant funds. The council expressed concerns regarding the reputation of the grant awardee Mindful Life Project.

Motion by Councilmember Willis
Seconded by Councilmember Johnson III
To approve the staff recommendation.

Ayes (6): Councilmember Bates, Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, Councilmember Willis, and Vice Mayor Martinez
Noes (1): Mayor Butt
Passed (6 to 1)
Adopted Resolution No. 97-22
P.4 Contract With Ed Fund to Provide Youth Programs to Camp Achieve Youth In Partnership With Community Services-Recreation
APPROVE a contract with West Contra Costa Public Education Fund to provide free youth programs in partnership with Community Services-Recreation to 6th, 7th, and 8th graders through Camp Achieve’s 8-week summer camp program.

The term of the contract is July 1, 2021, through June 30, 2025, in an amount not to exceed $54,000 - Community Services Department -Recreation Division (LaShonda White/Ranjana Maharaj/Troy Porter 510-620-6822). This item was continued from the June 21, 2022, meeting.

Community Services Director LaShonda White introduced the matter. Deputy Director of Community Services Recreation Ranjana Maharaj provided an oral report. Discussion ensued. The council expressed concerns regarding the Ed Fund's operational responsibility for the Richmond Rapid Response Fund.

Motion by Councilmember Johnson III
Seconded by Councilmember Willis
To approve said contract.

Ayes (6): Councilmember Bates, Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, Councilmember Willis, and Vice Mayor Martinez
Noes (1): Mayor Butt
Passed (6 to 1)

Q. STUDY AND ACTION SESSION
Q.1 East Bay Center for Performing Arts Update 2020-2022 Presentation RECEIVE a presentation from East Bay Center for Performing Arts related to their program growth and meaningful contributions to residents and the City of Richmond – Economic Development, Arts & Culture (Shasa Curl/Winifred Day 620-6512).

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Arts and Culture Manager Winifred Day introduced the matter. East Bay Center for the Performing Arts Executive Director Ruthie Dineen presented a PowerPoint that highlighted the following: services and performances; key adaptation activities and approach; transformational ideas and unmet needs; and upcoming events including a community party honoring the retirement of former Artistic Director Jordan Simmons on July 22, 2022. Discussion ensued. Mark Wassberg gave comments via teleconference.
(At 10:59 p.m. - a motion made by Councilmember Jimenez, seconded by Councilmember Johnson III, to extend the meeting until 11:30 p.m. passed by the following vote: Ayes: Councilmembers Bates, Jimenez, Johnson III, McLaughlin, Willis, and Vice Mayor Martinez. Noes: Mayor Butt. Abstentions:

None. Absent: None).

Q.2 Update from HR&A Advisors, Inc. regarding the American Rescue Plan Act Community Needs Assessment and Strategic Investment Plan Development.

RECEIVE an update from HR&A Advisors, Inc. and Contigo on the status of the American Rescue Plan Act (ARPA) Community Needs Assessment and Strategic Investment Plan to provide guidance on spending the City’s remaining $17.2 million ARPA allocation – Library and Community Services (LaShonda White 510-620-6512).

Community Services Director LaShonda White introduced the matter. Judith Taylor and Mara Basich-Pease of HR&A Advisors, Inc., and Susana Razo of Contigo presented a PowerPoint that highlighted the following: ARPA overview; community needs assessment; outreach and engagement; and next steps.

Discussion ensued. The council expressed interest in setting up a public bank focus group. Jessi Taran gave comments via teleconference. The council requested the following: a list of organizations engaged and how outreach goals were achieved; focus representation on small businesses located on Macdonald Avenue, 23rd Street, and San Pablo Avenue in Richmond; and provide needs assessment information sooner than the October 2022 target date. The council recommended staff consider the following: review the City of Richmond's community survey conducted in 2021; invest in city-wide broadband and seek grant funds; premium pay for essential workers; and housing for the unhoused. (At 11:31 p.m. - a motion made by Councilmember Jimenez, seconded by Councilmember McLaughlin, to suspend the rules and complete the remaining items on the agenda, passed by the following vote: Ayes: Councilmembers Jimenez, Johnson III, McLaughlin, Willis, and Vice Mayor Martinez. Noes:

Councilmember Bates and Mayor Butt. Abstentions: None. Absent: None).

Q.3 RECEIVE Presentation of San Pablo Avenue Multimodal Corridor Study Phase 2
RECEIVE a presentation of the San Pablo Avenue Multimodal Corridor Study Phase 2 and provide feedback – Public Works (Joe Leach/Patrick Phelan 307- 8111).

Public Works Director Joe Leach and Infrastructure Administrator Patrick Phelan introduced the matter. Transportation Planning Manager Leah Greenblat of the West Contra Costa Transportation Authority Committee and Transportation Engineer Adam Dankberg of Kimley-Horn presented a PowerPoint that highlighted the following: purpose and process; corridor conditions and project need; potential solutions; bicycle and parking options; and key takeaways and next steps. Discussion ensued. The council recommended the following:

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prioritize pedestrian safety improvements; address issues with double-parking on San Pablo Avenue between Barrett Avenue and Rheem Avenue; consider safer bicycle routes; center lanes may be useful for a light rail system; loss of parking would impact businesses; and bicycle lanes delay traffic on busy roadways. Don Gosney gave comments via teleconference.
(At 12:00 a.m. - Mayor Butt departed the meeting and appointed Vice Mayor Martinez to chair the remainder of the meeting).

Q.4 Richmond Community Foundation has Established an Equity for Black Women & Girls Initiative.

RECEIVE a report from the Richmond Community Foundation (RCF) on the Equity for Black Women and Girls Initiative - Councilmember Demnlus Johnson (510-620-6861).

Councilmember Johnson III introduced the matter. James Becker, Cynthia LeBlanc, Adey Teshager, Melanie Spears, and Greg Medley of the Richmond Community Foundation (RCF) presented a PowerPoint that highlighted the following: RCF mission, values, and operating principle; taskforce leadership; sister circles; and recommendations. Discussion ensued. The council recommended that RCF work with the city's grant writer to seek additional funding. The following individuals gave comments via teleconference: Shawn Dunning, Jamin Pursell, and Anna Ortiz.

R. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
None.

S. ADJOURNMENT
There being no further business, the meeting adjourned at 12:34 a.m., in memory of Rochelle Cartwright and George Harris, to meet again on July 5, 2022, at 6:30 p.m.

Clerk of the City of Richmond Mayor

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July 19, 2022

City Council

DATE: July 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Mayor Tom Butt, Councilmember Demnlus Johnson III,
and Councilmember Gayle McLaughlin
Subject:

Approval of the Agreement with Aleshire and Wynder for
City Attorney Services
FINANCIAL IMPACT: The legal services will cost approximately $400,000 per quarter, for a total of annual contract amount of
$1,600,000. In the adopted Fiscal Year 2022-2023 the
City Council appropriated $1,500,000 for legal services; therefore, $100,000 shall be funded from account string 01151014-400206. Salary savings and the reduction of
other outside counsel costs is required and shall reduce the cumulative fiscal impact of legal service expenditures.

PREVIOUS COUNCIL
ACTION:

On December 21, 2021, and May 17, 2022, the City
Council approved an agreement and an amendment for
interim city attorney services.

STATEMENT OF THE
ISSUE:

The City Council is appointing a City Attorney. The
proposed agreement between the City and Aleshire &
Wynder, LLP provides for a full range of city attorney
services, inclusive of a team of attorneys, and will
improve cost efficiency by limiting the use of other
outside counsel, while maintaining the current staff in the City Attorney’s Office. This approach provides for a
hybrid legal services delivery model.

AGENDA
REPORT

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July 19, 2022
RECOMMENDED ACTION:

APPROVE a sole source legal services agreement with
Aleshire and Wynder for City Attorney services, with an agreement term beginning July 1, 2022, with a quarterly cost of approximately $400,000, and a total of
$1,600,000 per year; and APPOINT Dave Aleshire as
City Attorney – Councilmembers Demnlus Johnson III
(510-620-6861) and Gayle McLaughlin (510-620-6565),
and Mayor Tom Butt (510-620-6503).

DISCUSSION:

The law firm of Aleshire & Wynder, LLP has been successfully serving as Interim City Attorney since the end of December 2021. Having Dave Aleshire, a named partner at Aleshire & Wynder continue to serve as City Attorney will best serve the City’s needs at this time. He will continue to review and assess outside counsel costs, risk management, and general liability practices in order to reduce costs, improve efficiency, and increase service delivery.

The proposed agreement contemplates fees in the amount of $400,000 per quarter, for a total contract amount of $1,600,000. The fees shall be reviewed by City Council each quarter. The cost of the agreement shall be offset by salary savings in current vacant positions in the City Attorney’s Office, and by the reduction of outside counsel costs

The proposed agreement with Aleshire & Wynder, LLC will enable Dave Aleshire to provide city attorney services with the backing of a team of attorneys from his firm and from the existing City Attorney’s in-house attorneys and administrative staff, in a hybrid service delivery model.

Below is a breakdown of types of legal services, proposed hourly rates and the average hourly rates for other law firms that provide comparable services.

Services Current A&W
Hourly Rates
Proposed
A&W Hourly
Rates
Average
Outside
Hours1
City Attorney General Services $250
Associate
$265 Partner
$250
Associate
$265 Partner
$272
Associate
$365 Partner
Special Services/Litigation* $265
Associate
$325
Partner
$265
Associate
$345 Partner
$338
Associate
$388 Partner

1 Rates obtained from 2021 RFQ responses for the following law firms: Burke Williams; Downey Brand; Colantuono; Goldfarb; Meyers Nave; Jarvis Fay & Gibson; Remy, Moose, Manley; Best, Best & Krieger

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July 19, 2022
Risk Management/Code
Enforcement
(or JPA rate)
$250
Associate
$265 Partner
$250
Associate
$265 Partner
$306
Associate
$352 Partner
Public Finance Matters $280
Associate
$350 Partner
$300
Associate
$450 Partner
$585-$625
Reimbursable
(When Developer or 3rd Party
is Paying)
$280
Associate
$350 Partner
$295
Associate
$385 Partner

Paralegals and Law Clerks $150 $160 $166
Document Clerks $75 $75

The agreement includes the following provisions among others:

1. Term: The term begins on July 1, 2022, and continues until terminated.

2. Termination: Either party may terminate the services without cause, but the firm is required to provide notice and comply with Rules of Professional Conduct of the State Bar. This would allow the time to find another attorney if necessary.

3. The fees for services shall be reviewed on a quarterly basis by the City Council.

DOCUMENT ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Sole Source

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01337.0001/802617.3

CONTRACT SERVICES AGREEMENT FOR

CITY ATTORNEY SERVICES

CITY OF RICHMOND

This CONTRACT SERVICES AGREEMENT FOR CITY ATTORNEY SERVICES (the “Agreement”) is effective as of the _____ day of July, 2022 by and between the law firm of ALESHIRE & WYND ER, LLP, a California limited liability partnership (“A&W”), with its principal place of business at 18881 Von Karman A venue, Suite 1700, Irvine, CA 92612 and the CITY OF RICHMOND, a municipal corporation established under its charter approved by the voters in ____ (“City”). The term “City” shall also include all boards, commissions, financing authorities, and other bodies of City.

1. APPOINTMENT
City Council hereby appoints and hires Partner David J. Aleshi re and A&W as its City Attorney to render such legal services as are customarily rendered by such official and as further specified herein, including attending meetings of the City Council, Planning Commission, Housing Authority, Successor Agenc y, and all other City boards and commissions and their affiliated agencies, as directed by the City.

The designated City Attorney, Agency Co unsel, and any Assistant or Deputy City Attorney, may be established from time to time or modified by resolution of the City Council .

A&W represents that it employs, or will employ at its own expense, all personnel required for the satisfactory performance of any and all tasks and services set forth herein.

Notwithstanding the foregoing authority, it is expressly understood that the City e mploys a t raditional in-house city attorney office with attorneys and administrative staff which shall continue under the supervision of the City Attorney, who shall determine how to use the in-house employees and A&W personnel in the manner best suited to obtain satisfactory legal results in a cost effective manner.

A&W shall not replace any designated City Attorney (or any successors to such pe rson) without the City Council’s prior approval, except from time to time necessary due to illness or vacation schedulin g. Approval of any such temporary subs titute, or of any Assistant City Attorney shall be obtained from the City Manager. City Attorney may appoint various deputies as City Attorney deems appropriate, without the need for amendment hereof.

2. SCOPE OF WORK AND DUTIES
A&W shall perform any and all work necessary for the provision of City Attorney services to City, as set forth in the Municipal Code, including, but not limited to, the following:
(a) Attendance at City Council, Planning Commission, or Successor Agency, Housing Authority, Public Financing Authority, or other affiliated entities, unless excused by the City Manager or his/her desig nee, and other board and commission meetings on request of the City Manager or his/her designee; and
(b) Provide legal advic e, written lega l opinions, and consulta tion on all matters affecting the City to the City Council, City Manager, boards, commissions, co mmittees, officers, and employees of City and as requested by the City Council, the City Manager, or his/her

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2 01337.0001/802617.3
designee, in accordance wi th such policies and pro cedures as may be established by City from time to time; and
(c) Be available for consultation with City staff, personally, electronically, and telephonically, as needed on legal matters which are within their area of operation; and (d) Prepare or review necessary legal documents such as: ordinances, and resolutions; all agreements of any nature; all real proper ty instruments of any nature including purchase agreements and escrows, leases, covenants, deeds, easements and licenses; bond size, amount, and offering terms and condi tions; public works construction documents including bid specifications, contracts, bon ds, insurance, liens and related documents; memorandum of understanding; franchise agreements; and all similar documents; and (e) The City Attorney shall m anage the in-house legal office in a manner to promote the efficiency and u tility of the personnel, encou rage their professional development, and cause legal affairs of the City to be successfully resolved; and (f) Represent and advise City on pending and po tential l itigation, in any such litigation; A&W shall comply with t he litigation guidelines as specified in Exhibit E ; it is expressly understood that A&W shall not be responsible for any pending litigation matter(s) handled by attorneys previously or otherwise employed by the City until all files have been transferred to A&W and A&W has specifically appeared in the matte r(s) as attorneys of record on behalf of City; and
(g) Hold office hours at City Hall at a time agreed to with City Manager; and (h) Attend management staff and agenda review meetings at a time agree d to with City Manager; and
(i) Monitor pending and current legislation and case law as appropriate; and (j) Supervise outside legal services, if any; and
(k) Provide representation to City in all of its legal affairs, including, but not limited to, municipal law, land us e, environmental, toxics, mining, water, tort defense, personnel, labor representation, code enforcement, criminal prosecution, redevelopment, housing, cable television, finance, franchising, c ontracts, enterprise and other matters, except where conflicts exist or where the City Council may otherwise direct . The City Attorney shall represent City in all of the foregoing legal matters, and in in itiating and defending all litigation unless other wise directed by the City Council; and
(l) Keep City informed as to the progress and status of all pending matters in accordance with such procedures as the City may establish from time to time; and (m) Manage, control and oversee the delivery of legal services in a compe tent, professional, and cost -effective manner. All legal services shall be properly supervised and all personnel shall be qualified to handle the work assigned . If outside special counsel is reta ined,

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3 01337.0001/802617.3
unless otherwise directed by the City Council, such s pecial counsel shall be supervised by the City Attorney; and
All the foregoing legal services shall be coordinated under the direction of the City Manager. Notwithstanding any other provision contained herein , any legal services c an only be authorized by the City Council or City Manager. Nothing in this Agreement shall be construed in any manner as limiting the ultimate and absolute discretion of the City C ouncil, at any time, to assign or reassign any legal matter of the City from or to A&W.

The services provided hereunder are more specifically described in Exhibit A.

3. CITY DUTIES
City agrees to provide such information, assistance, cooperation, and a ccess to books, records, and other information as is necessary for A&W to effectively render its profession al services under this Agreement. To the extent City desires services to be rendered on site, City, at City’s expense, will make available sufficien t office space, furniture, telephones, computers, facsimile machines, and secretarial support, as approved by the City Manager, as may be necessary therefor . City further agrees to abide by this Agreement, and to timely pay A&W’s bills for fees, costs, and expenses.

4. COMPENSATION
A&W’s fees will be charged on an hourly basis for all time actually expended . The compensation schedules are set forth in Exhibit A attached hereto and incorporat ed herein by this reference. Rates are computed based upon the ho urs of servi ce and the complexity of the work. A higher rate is charged for s pecial services, including a broad range of categories (litigation, personnel, labor, successor agency, housing, t oxics, solid waste, enterprise, etc.) and work reimbursed by third parties, which would otherwise be likely to be contracted out as special services at higher rates. Public finance matters are charged as set forth below in Section 5 and in the exhibits. All the work sha ll be performed in accordance with the Billing Policies of City attached as Exhibit B.

5. BOND OR FINANCIAL SERVICES
Bond or Financial Services shall mean those situations wh ere A&W acts as Bond Counsel for City with regard to the issuance of securities by City . A&W shall be compensated for Bond or Financial Services at the rates shown on Exhibit A.

6. COSTS AND OTHER CHARGES
A&W may incur various costs and expens es in rendering the legal services required by this Agreement which, if customary and necessary for the performance of legal services hereunder, shall be reimbursable by City. These costs and expenses are described in more detail in Exhibit A. City agrees to reimburse A&W for these costs and expenses in addition to the fees for legal services. All the work shall be performed in accordance with the Billing Policies of City incorporated in Exhibit B. Reimbursable costs shall not include any o verhead or administrative charge by A&W or A&W’s cost of equipment or supplies except as provided herein.

A&W may determine it necessary or appropriate to use one or more outside investigators, consultants, or experts in rendering the legal services requi red (particularly if a matter go es into

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4 01337.0001/802617.3
litigation). City will be responsible for paying such fees and charges . A&W will not, however, retain the services of any outside investigators, consultants, or experts without the prior approval of City . A&W will select an y investigators, consulta nts, or experts to be hired only after consultation with City.

Finally, periodically, when on -site, A&W personnel may be required to ma ke local and long-distance telephone calls, or make photocopies, or incur other expenses on behalf of the City as well as other clients. A&W will not be charged for such expenses and, in exchange, will not charge the City for calls made from our office or other locations to the City (see Section 3).

7. STATEMENTS AND PAYMENT
To assist with tracking costs , A&W shall render to C ity a statement for fees , costs, and expenses incurred on a monthly basis. Such statement(s) shall indicate the basis of the fees, including the hours worked, the hourly rate(s), and a brief description of the work performed .

Separate billing c ategories can be establ ished to track costs associated with City funding categories or to track project costs, or such other basis as the City may direct. Reimbursable costs shall be separately itemized . A&W shall adhere to the Protocols a nd Guidelines set forth in Exhibit B, attached and incorporated by this refere nce. The bill shall be electronically submitted to [email protected]. Bills will be reviewed by the City Mana ger and the Finance Director.

Payments shall be made by City within sixty (60) days of receipt of the statement, except for those specific items on an invoice which are contested or questioned and are returned by City with a written explanat ion of the question or contest, within th irty ( 30) days o f receipt of the invoice. Payments made more than sixty (60) days after the due da te shall draw interest at t he legal rate.

The City is a member of the California Joint Powers Risk Management Authority (“CJPRMA” ). If a case is reportable to CJR PMA, A&W shall provide an initial report notifying them of the claim or lawsuit within 30 days of receipt of the assignment and the estimated exposure. The Risk Manager shall be copied on all correspondence sent to CJPRMA.

When litigation is included in t he scope of work, litigation guidelines as spe cified in Exhibit E are to be followed.

8. PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT
The experience, knowledge, capability and r eputation of A&W, its partners, associates, and employees, was a substantial i nducement for City to enter into this Agreemen t. Therefore, A&W shall not contract with any other person or entity to perform, in whole or in part, t he legal services required under this Agreement without the written approv al of City. In addition, neither this Agreement, nor any interest herein, may b e transferred, assigned, conveyed, hypothecated, or encumbered voluntarily, or by operation of law, wh ether f or the ben efit of credi tors, or otherwise, without the prior writte n approval of the City Council. Adding attorneys to A&W, changes in the partners hip, name changes and similar changes shall not be deemed a transfer or assignment requiring approval of City or amendment hereof.

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5 01337.0001/802617.3

9. INDEPENDENT CONTRACTOR
A&W shall perform all services required under this Agre ement as an independent contractor of City, and shall remain, at all times as to City, a wholly independent contractor with only such obligations as are required under this Agreement. A&W, its attorneys and staff are not employees of the City and have no rights to PERS or other benefits that City employees may be entitled to. Neither City, nor any of its employees, shall have any control over the manner, mode, or means by which A&W, its agents or em ployees, render the legal services required under this Agreement, except as otherwise set forth. Cit y shall have no v oice in the sel ection, discharge, supervision or control of A&W employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. A&W is being appointed as City Attorney pursuant to the City Attorney Authority of Govt. Code Section 36505 and has the authority of that office.

10. INSURANCE REQUIREMENTS
A&W shall maintain in full force and effect the following insurance policies:
(a) Commercial general liability policy (bodily injury and property damage); (b) Worker’s compensation/employer’s liability policy;
(c) Business automobile liability insurance policy; and, (d) Professional liability policy.

Said policies shall be m aintained with respect to employ ees and vehicles assign ed to the performance of work under this Agreement with coverage amounts, endorsements, certificates of insurance and coverage verifications as required by City as defined in Exhibit F, attached to this Agreement and incorporated by this reference.

11. LAW GOVERNING AGREEMENT.

This Agreement shall be interpreted under the laws of the State of California . All claims or controversies arising out of or related to performance under this Agreement shall be su bmitted to and resolved in a forum within Contra Costa County.

12. NOTICES.

All notices, pleadings, reports or other communic ation to the Parties shall be properly sent via electronic mail to [email protected] and to A&W at its principal place of business listed on page one of this Agreement.

Either Party may change its address for receipt of notices under th is Agreement by notice given in the manner provided herein.

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13. TERM, DISCHARGE AND WITHDRAWAL
City may discharge A&W at a ny time on four (4) affirmative votes of the City Council .

The City Attorney shall have no property interest in the position and works at will with no right to right to a hearing and may be discharged with or without cause. A&W may withdraw fro m City’s representation at any time, to the extent permitted by law, and the Rules of Professional Conduct, upon at least sixty (60) days’ notice to City unless the Rules of Pro fessional Conduct require other notice.

In the event of such discharge or withd rawal, City will pay A&W pr ofessional fees and costs, in accordance with this Agreement, for all work done (and costs incurred) through the date of cessation of legal representation . City agrees to execute, upo n request, a stipulation in such form as to p ermit A&W to withdraw as Cit y’s atto rneys of record in any leg al action then pending. A&W shall deliver all documents and records of City to City , including attorney work product, or to counsel designated by City, and assist to the fullest exte nt possible in the orderly transition of all pending matters to City’s new counsel.

14. CONFLICTS
A&W has no p resent or contemplated employment which is adverse to the City . A&W agrees that it shall not represent clients in matters either litigation or non -litigation against the City. However, A&W may have past and present clients or ma y have future clients, which, from time to time, may have interests adverse to City, and A&W reserves the right to represent such clients in matters not connected with its representation of the City except as provided below.

If a potential confl ict of interest arises in A&W ’s representation of two clients, if such conflict is only speculative or minor, A&W shall seek waivers from each client with regards to such representation. However, if real conflicts exi st, A&W woul d withdraw from representi ng either client in the matter, and assist them in obtaining outside special counsel.

A&W maintains a strict policy forbidding political contributions in city council races in the cities we represent or propose to represent and will adhere to this policy as to the City . This policy is in conformity with the Ethics Policy adopted by the City Attorneys Department of the League of California Cities.

A&W agrees to secure the informed written cons ent of the City before accepting any representation adverse to the City (actual or apparent) dur ing the term of this Agr eement, and to forego the representation if the City , in its sole discretion, objects for any reason. Request for waivers will be submitted to the Ci ty Council for direction on whether the waiver or consent shall be agendized. This provision is intended to supersed e all applicable rules of professional conduct relating to conflict of interest.

15. INTERPRETATION OF AGREEMENT AND FORUM
This Agreement shall be construed and interpreted both as to validity and p erformance of the parties in accordance with the laws of the S tate of California . In the event of any dispute hereunder, forum shall be the Superior Court, Contra Costa County.

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16. INTEGRATED AGREEMENT; AMENDMENT
This Agreement contains all of the agreement of the parties and cann ot be a mended or modified except by writt en agreement. This Agreement shall supersede that certain agreement for special counsel services pr eviously entered into between the parties . No prior oral or written understanding shall be of any force or effect with resp ect to those matters covered in this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

17. AUDITS, RECORDS AND DOCUMENTATION.
(a) The City and any other federal, State or local governmental agen cy, and any of their authorized auditors or representatives, including auditors, shall have access to, and the right to audit and reproduce any of A&W's records to the extent the City or such other governmental agency deems necessary to ensure that City is paying only the amounts to wh ich A&W is properly entitled or for other purposes relating to the Agreement. A&W shall assist the C ity in responding to any requests from the City’s auditors, and A&W shall not bill the City for any time spent responding to any such audit requests.
(b) A&W sh all maintain complete and accurate records of the services provided to City and expenses incurred on behalf of City. A&W shall maintain and preserve all such records for at least three (3) years after termination of the Agre ement or until an audit has been completed and accepted in writing by City. Upon written notice by the City, the A&W shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies.

18. INVALID PROVISIONS
If any provision of this Agreement is held to be illegal, invalid or unenforceable, in full or in part, then su ch provision shall be modifie d to the minimum extent necessary to make the provision legal, valid and enforceable, and the other provisions of this Agreement shall not be affected thereby.

19. LICENSE REQUIREMENTS.

A&W shall demonstrate that the attorney(s) wh o provide legal services to C ity under this Agreement are licensed to practice law in the State of California and, if not, indicate to the satisfaction of t he City Attorney why such license is not required to perform the services required.

20. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE
STATEMENT.

A&W agrees to comply with the provisions of the Richmond Sanctuary City Contracting Ordinance (S CCO, Ordin ance No. 12 -18). A&W must subm it the Sanctuary City Compliance Statement included herein as Exhibit F along with the bid or proposal prior to execution of the contract.

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22. NON-DISCRIMINATION.

A. A&W agrees to observe the provisions of Section 2.28.030 of the Municipal Code of the City of Richmond, obligating every contractor or subcontractor under a contract or subcon tract with the City of Richmond for services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, sexual orientation, gender identity, religious creed, national origin or ances try of any employee, any a pplicant for employment or any potential subcontractor. Said Section 2.28.030 is, by this reference, a part of this Agreement.

B. If A&W is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it will be in default of this Agreement. Thereupon, City will have the power to cancel or suspend this Agreement, in whole or in part.

21. INDEMNIFICATION.

A. A&W agrees to indemnify City, its officers, employees and agents against, and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations or activities of A&W, its agents, employees, subcontractors, or invitees, p rovided for herein or arising from the acts or omissions of A&W hereunder, or arising from A&W’s performance of or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent such claims or liabilities arises from the negligence or willful misconduct of City, its officers, agents or employees.

B. City agrees to indemnify A&W, its officers, employees and agents against and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs penalties, obligations, errors, o missions or liabilities (herein "claims or liabilities") that may be asserted or claims by any person, firm or entity arising out of or in connection with the work, operations or activities of A&W within the course and scope of its employment h ereunder, but nothing herein shall require City to indemnify A &W for liability arising from A&W’s own negligence, tortious acts, willful misconduct or legal malpractice.

22. CORPORATE AUTHORITY
The persons executing this Agreement on be half of the parties hereto war rant that t hey are duly authorized to execute this Agreement on behalf of said part ies and that in so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement.

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date of execution by the City.

DATED: ________________, 2022 “CITY”

CITY OF RICHMOND,
a municipal corporation

By:

Thomas E. Butt, Mayor
ATTEST:

Pamela Christian, City Clerk

DATED: ________________, 2022 “A&W”

ALESHIRE & WYNDER, LLP

By:

David J. Aleshire, Esq.

Exhibits
A. Scope of Services and Schedule of Charges
B. Billing Protocols and Guidelines
C. Project Plan and Budget
D. JPA Mandatory Case Reporting Policy
E. Litigation Guidelines
F. Insurance Requirements
G. Sanctuary City Compliance Statement

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EXHIBIT “A”

SCOPE OF SERVICES AND SCHEDULE OF CHARGES
A. Description of Services
Generally, A&W when serving as contract City Attorney divides services into two categories: General and Special. Special services are those where City would generally be looking to outside counsel for special expertise. A& W rates for special services are higher than for general services but less than other firms the City has been using.

With the support of the administrative st aff and attorneys of the City Attorn ey’s Office, A&W shall perform any an d all work for the provision of general and special municipal law services to City, including the following:

1. General Legal Services
General Legal Services include:
(a) Attending all City Council, Successor Agency Board of Directors, Pla nning and other Commission meetings. Providing City Council and other bodies with guidance relative to Roberts Rules of Order, open meetings, Brown Act, and other related procedural matters. (b) Providing conflict of interest assistance to elected and appo inted officials and staff, and assisting officials and staff in seeking advice from the Fair Political Pr actices Commission.
(c) Attending departmental meetings, staff meetings or committee meetings as deemed necessary and appropriate or as requested by the City Manager or City Council. (d) Providing legal advice, counsel, services, consultation and opinions to City Council, City Manager and City staff on routine municipal assignments. (e) Performing g eneral research and inte rpreting routine laws, court d ecisions and other legal matters in order to prepare legal opinions and to advise the City Council, and management staff on legal matters pertaining to City operations. (f) Reviewing and/or preparing general staff reports, o rdinances, resolutions, and other documents required by the City.
(g) Ensuring that current and future City ordinances, policies, proc edures and practices comply with state and federal law. Informing City Council and staff of routi ne recommended changes to City ordinances and practices, as needed. (h) Providing assistance to the City regarding election laws and assisting in review of election forms, filings, and coordination with county, state and federal election officials. (i) Monitor pending and current legislation and case law as appropriate.

City Attorney is expected to manage and review the over -all performance of in -house office and take measures to improv e system performance . City Attorney shall report to City Council. City Attorney shall also manage performance of outside legal counsel and retain outside legal counsel when necessary to supplement performance of the City Attorney’s office.

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2. Special Services
“Special” legal services include , but are not limit ed to, successor age ncy matters, real estate, rent control, housing, labor and employment, enterprise funds, franchise negotiations, major contract negotiations, municipal finance matters other than bonds and si milar financial services, environmental and t oxics, water, energy , franchises, utilities and telecommunications, solid waste, mobile home matters, police and fire matters, litigation services (although code enforcement and r isk management are billed at the ir own rate), and similar matters requiring special expertise.

3. Code Enforcement/Risk Management
These rates are generally lower than for other litigation as that is true in the marketplace.

However, for risk management, the rate will not exceed that permitted by the insurance carrier.

4. Reimbursable
For legal services per formed on matters where the City is reimbursed by a th ird party, such as development agreements, A&W charges at higher rates as described in the table above.

Though A&W special service rates are higher for special se rvices than for general services, they are less than those generally charged by specialty firm s, such as those specializing in development, employment, water and so forth.

B. Schedule of Fees & Charges:

Services Hourly Rate Average
Outside Rates1
City Attorney General Services $250 Associate
$265 Partner
$272 Associate
$365 Partner
Special Services/Litigation* $265 Associate
$345 Partner
$338 Associate
$388 Partner
Risk Management/Code Enforcement
(or JPA rate)
$250 Associate
$265 Partner
$306 Associate
$352 Partner
Public Finance Matters $300 Associate
$450 Partner
$585-$625
Reimbursable
(When Developer or 3rd Party is Paying)
$295 Associate
$385 Partner

Paralegals and Law Clerks $160 $166
Document Clerks $75

1 Outside Firms: Burke Williams; Downey Brand; Colantuono; Goldfarb; Meyers Nave; Jarvis Fay & Gibson; Remy, Moose, Manley; Best, Best & Krieger

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C. Existing Accounts and Clarification
A&W establishes separate accounts for many matters. This allows the client to better track time. The accounts and amounts established thus far include the following. Accounts and amounts may be adjusted from time to time with approval by the City Manager.

Matter
0001 General
($265 Partner, $250 Associate)
0016 Enterprise
($325 Partner, $265 Associate)
0002 Special Projects
($265 Partner, $250 Associate)
0017 Veolia
($350 Partner, $280 Associate)
0003 Litigation
($325 Partner, $265 Associate)
0018 Reimbursable 3rd Party
($350 Partner, $280 Associate)
0004 Personnel
($325 Partner, $265 Associate)
0019 Risk Management
($265 Partner, $250 Associate)
0005 Planning
($265 Partner, $250 Associate)
0020 City Real Property-Projects
($325 Partner, $265 Associate)
0006 Public Works-Engineering
($265 Partner, $250 Associate)
0021 Molate
($350 Partner, $285 Associate)
0007 Finance
($265 Partner, $250 Associate)
0022 Campus Bay
($350 Partner, $280 Associate)
0008 Port
($325 Partner, $265 Associate)
0023 Butt
($265 Partner, $250 Associate)
0009 Major Contracts
($325 Partner, $265 Associate)
0024 Terminal 1
($350 Partner, $280 Associate)
0010 Police
($265 Partner, $250 Associate)
0025 Social Services - Unhoused
($265 Partner, $250 Associate)
0011 Code Enforcement
($265 Partner, $250 Associate)
0026 Commissions/Committees
($265 Partner, $250 Associate)
0012 Agency
($325 Partner, $265 Associate)
0027 Katz
($325 Partner, $265 Associate)
0013 Housing
($325 Partner, $265 Associate)
0028 SWAPS
($350 Partner, $285 Associate)
0014 Refuse
($350 Partner, $285 Associate)
0029 RENT
($325 Partner, $265 Associate)
0015 Franchise-Cable
($325 Partner, $265 Associate)
0030 Labor
($325 Partner, $265 Associate)
D. Cost of Living Adjustment
Starting January 1 , 2024, there will be a CPI adjustment (from July 1, 2022), with CPI rounded to the ne arest dollar. The CPI shall be set by the Consumer P rice Index (“CPI”) for the Contra Costa County area as pub lished by the United States Gove rnment Bureau of Labor Statistics. CPI adjustments will be made every other year and shall be cumulative.

E. Reimbursement
Only those costs and expenses set forth in Sec tion C of Exhibit "B", entitled "Reimbursements" shall be paid to A&W.

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Exhibit B

BILLING PROTOCOLS AND GUIDELINES
The City of Richmond (“City”) has adopted th e following protocols for billing, budgeting, and planning for projects involving outside coun sel. A&W will be requ ired to comply with this protocol. Any changes to this protocol will need prior, written approval from the City Manager.

A. BILLING FORMAT
Unless otherwise agreed, the following information must be provided in monthly bills:

1. A detailed d escription of work, in time increments of .1 hour (one ten th of an hour) for and by each and every individual billing services.

2. Identification of the lawyer who is in charge of the matter.

3. Reasonably detailed disbursement breakdowns with backup documentation of any individual charge exceeding $100.00.

4. Each billin g item must be separately stated on a separate line identifying the individual performing the services, the time spent and the exact nature of the service rendered.

5. When charges are made for researc h time, the specific issue being researched a nd the need for the research should be identified.

6. The City Manager may request various levels of detail and specific formats (such as columnar comparisons with established budgets).

B. BILLING GUIDELINES

1. All tasks set forth in A&W’s billing documentation shall be specific and detailed.

Overly gene ralized listings of task descriptions such as “review contract” or “prepare for negotiations” are not acceptable.

2. Billings under this Agreement shall not be provided in mo re than six (6) minute increments and shall represent the devotion of a full six minu tes before an increment is billed. A&W shall not use “block billing” procedur es, wherein a list or series of activities is done each day with only an agg regate amount of t ime specified.

3. A&W shall keep the City advised of the iden tity and billing rates of those people working on the project account.

4. All time should be billed within 30 days of the end of the month in which services were performed.

5. Counsel sh all advise City wh enever it anticipates the amount of services necessary to properly execute the task will exceed the amount of the contract.

When a ccrued billings are expected to exceed contract r equirements, written notice shall be given to the City as soon as possible, v ia e -mail, to th e City Manager’s Office. A&W acknowledges the fiscal constraints on City fundin g and therefore A&W assumes risk of non -payment for services render ed in the event the amount of services rendered exceeds the amount of the contract unless prio r

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written auth orization is received. The City Manager may authorize additional funds only to the extent needed to bring the matter to a regular City Council meeting.

6. The City expects the attorney assigned to the case to handle all significant matters in th e litigation. The City must approve in advance the assignm ent of other attorneys to the litigation or project.

7. A&W shall not charge for more than one attorney at any hearing, depo sition, or meeting of any kind without advance approval of the City Attorney.

8. No more than two paraprofessionals may bill on a particu lar case wit hout the prior approval of the City.

9. City appreciates when A&W has researched an issue previ ously and uses tha t research on present cas es or projects. Do not charge the City for wo rk A&W has done and billed another client for in the past.

10. The C ity does not allow “double billing” of any sort. If A&W is working on another client’s matter, do not bill City for that time. This applies to travel time or any other matter. This does not apply to necessary supervision of attorneys.

11. Training time is not billable. Law clerks may be used only with prior approval.

12. Although City will not pay for new attorneys to “get up to speed” on a file unless it has been preapproved, City understands that files may be reassigned from prior law firms and time may be spent getting familiar with a file. In general, files w ill not be reassigned if the matter is in an advanced state and it would not be efficient to do so, unless there is specific City Manager approval.

13. City reserves the right to require additional substantiatio n of any item of claimed expense.

C. REIMBURSEMENTS

1. The City will reimburse A&W for the following expenses, and for no other expenses:
• Actual printing costs;
• Copying costs at $. 25 / page (for legal doc uments and file materials, but not library materials);
• Actual cost of postage (including express mail delivery charges); • Computer resear ch support services (e.g., Westlaw, LEXIS or computer time or services) at actual cost, but not to exceed 15% of the tot al fees for all legal services;
• Transcription and reporter's fees; and
Reasonable travel. The City does not pay for meals unless Attorne y is required to be away f rom office for one full day. All meals and/or tra vel reimbursements will be subject to approva l by the City Manager. Travel expenses are limited to the lesser of actual expenses or expenses that

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would be authorized for City employ ee travel pursuant to City policy. In recognition that this contract requires the City Attorney’s presence weekly at City Hall, the parties have agreed to travel reimbursement po licy which generally does not reimburse all of the City Attorney ’s travel time .

Accordingly the reimburs ement for expenses shall be a fixed fee of $500 plus tw o hours of travel time per trip. Attorney may bill for t ravel expenses one way for traveling from Southern California to Richmond.

After one year, this allowance ma y be increased with th e approval of the City Manager if it is demonstrated that it is recovering less than half of the expense. Additionally, Attorney may bill for travel time and reasonab le expenses only when attending court appearances or meetings at destinations other than the City of Richmond.

2. Any expense other than those listed in section 1 must be approved by the City Manager in writing and in advance in an approved budget.

3. No compen sation shall be allowed for administrative overhead or premiums added to the direct cost of research support or other services.

4. Court filings should be prepared in a timely manner so that “rush” or “expedited” messenger fees are not incurred.

5. Messenger and other charges in excess of actual costs are not permitted. City does not allow cost, plus a percentage, for actual outside costs

6. City does not pay for secr etarial time or secretarial overtime. City does not pay attorneys or paralegals for secretarial task s or tasks that should not be included in A&W’s overhead. For example, time spent faxing, mailing, arranging for messengers and calendaring are not acceptable charges.

7. City does not pay for billing or discussions of bills, including discussions initiated by the City or City’s requests for additional information about a bill.

8. The practice of minimum bil ling charges is prohi bited. Please charge for actual time spent. For example, a minimum of .2 for ph one calls or .4 for letters is unreasonable unless it is a n accurate measure of time spent. However, billing increments are .1.

9. Do not charge for file opening or file closing. T hese are not true legal services, tasks or adequate descriptions of legal activities.

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C-1 01337.0001/802617.5
Exhibit C

PROJECT PLAN AND BUDGET
(For City Attorney’s Office)

A. GOAL: Hybrid City Attorney’s Office Model

It is the goal of this contract arrangement to improve legal services being provided to the City of Richmond and reduce costs by implementing the following:

1. Retain the in-house City Attorney’s office team members who provide institutional knowledge, consistency, and on-site availability.

2. Replace a variety of outside firms with special expertise from a municipal firm, which will centralize these services, provide consistent oversight and leadership, and do so at a significantly lesser cost.

3. Centralize supervision of the services in the City Attorney’s Office to enhance accountability and performance.

4. Develop the capacity and expertise of the core in-house team.

5. Provide greater responsiveness of legal services to the City departments at a lesser expense.

6. Improve service delivery given the litigious environment and pressing City Council policy directives.

B. COST PLAN

Current estimated legal service expenses in three areas (average FY 19/20; 20/21) [Approximate]

FY19/20 FY 20/21 Average

1. In House $1,634,000 $1,565,000 $1,599,500
Outside Legal $2,078,424 $2,656,372 $2,367,398
Risk Management $949,259 $2,417,235 $1,683,247
$4,661,683 $6,638,607 $5,650,145

2. The above indicates that your legal expense is running from $4.6M to $6.6M per year or an average of $5.6M. The in-house expense is approximately $1.6M; therefore, the contracted legal for City Attorney and Risk Management is approximately $4M. If the cost of the A&W contract were $400,000 per quarter, or $1.6M annually, savings could be achieved if all other outside legal expense were held to less than $2.5M. It would be the goal of the A&W contract to hold this expense to no more than $1.5M and achieve a savings of at least $1M. For budgeting purposes, $400,000 is being used as the initial estimate. The amount will be reviewed on a quarterly basis by the City Council and adjusted if deemed appropriate.

3. Other savings: In House expense not filling current vacancies.

4. Estimates may not include reimbursed outside legal expense, which have a reduced fiscal impact due to administrative management requirements (indirect General Fund and non-General

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C-2 01337.0001/802617.5
Fund expenses).

C. QUARTERLY REPORTING

A&W agrees within fifteen (15) days of the end of each quarter to provide the City Council with quarterly performance reports outlining significant legal expenses over the prior quarter and projecting significant activity in the coming quarter and remaining fiscal year.

D. SIGNIFICANT PROJECTED ACTIVITIES FY 2022-23

1. Tracking Legal Costs: Develop and implement processes for tracking all legal costs and report to City Council in coordination with the City Manager and her designees.

2. Point Molate Litigation: Provide defense of Winehaven litigation and transfer to Upstream/Guidiville.

3. POBs/SWAPS: Resolve with team for refinancing City debt.

4. Personnel and Labor Negotiations: Achieve MOUs with safety units and implement Class and Compensation study for all units. Provide support to resolve personnel matters as needed, which may include updating the Personnel Board policy and procedures.

5. State Audit: Participate with City team.

6. Risk Management Audit: City Attorney will undertake an audit of the risk management function and service provider review and make a report to the Council for improved management control in collaboration with the City Manager and her designees.

7. Wastewater Treatment Plant: Resolve open claims with Veolia and achieve agreement for transfer of facility.

8. Procurement Process: Review current procurement and contract processes, implement system improvements, and provide training to staff.

9. Rent Board: Achieve cost allocation and update Reimbursement Agreement.

10. Training for Commissioners: Working with City Clerk, develop training program for Boards, Commissions, and Committees.

11. Encroachments: Create process for approval of encroachments.

12. In-House Litigation: Develop in-house litigation resources.

Economic Development/Housing Developments: Measure U, Campus Bay, Terminal 1, Miraflores, Richmond Grown, Riggers Loft, 12th & Macdonald, Metro Walk Phase II, Terminal 3, etc.

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Exhibit D

CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY

MANDATORY CASE REPORTING POLICY
The following rule is applicable to all cases reported to CJPRMA.

The Authority shall be entitled to complete access to the covered party’s claim file, the defense attorney’s complete file, and all investigation ma terial and reports, including all eva luations and information on negotiations. The covered party shall be responsible to report the progress of the litigation and any significant developments at least quarterly to the Aut hority, and to provide the Authority with simultaneous copies of all cor respondence provided to the covered party by i ts defense attorneys and/or its agents.

In addition, the CJPRMA Board of Directors has adopted the following mandatory case reporting standards:
1) Defense counsel is expected to provide a written analysis of liability and exposure in any reported claim no la ter than ninety days following receipt of the file from the member agency. CJPRMA understands that the liability picture may develop as discovery is ongoing, but this does n ot excuse the responsibility of provi ding an early, objective analysis of the file, subject to later developments. An early analysis not only permits the JPA member to set an accurate reserve level, but also permits the member entity to decide whether to a ctively litigate the case, try to set tle the case, o r limit discovery based upon the exposure.
2) The initial status report should provide, at a minimum, a brief synops is of the facts giving rise to the lawsuit; the status o f the pleadings, including any disc ussions of demurrers or motions to di smiss, or cross -complaints; a summary and anal ysis of plaintiff’s injuries, damages and exposures in the case; an initial impres sion of liability; any requests for additional investiga tion; a brief outline of the discov ery planned; and an evaluation of ant icipated litiga tion costs. The report need not be lengthy, and typically might not exceed three to five pages, but must address the issues directly and in a straightforward manner so t hat the member entity and CJPRMA ca n set cost and loss reserves as necessary.
3) Defense c ounsel is responsible to report , in writing, the setting of a trial date, settlement conference date, hearing dat e on motion for summary judgment or similar dispositive motion in any litigated case, withi n one week of the date on which a cou rt establishes such date.
4) Defense counsel is r esponsible to re port, in writing, all settlement demands or offers within one week of the time the offer is made or the demand is received. 5) Defense counsel is responsible to report, in writing, on the substance of all depositions taken in the case. This ne ed not be a mult i-page deposition summary, but must, at a minimum, include a conci se report of major events occurring at the deposition, and an evaluation of the effect of the deposition testimony on the case.

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6) Finally, no lat er than sixty days before the d ate set for tria l in any case, defense counsel is responsible to report, in writing, on (1) an assessment of liability in the case, (2) the adverse potential exposure if lia bility is found, (3) a concise summar y of injuries sustained and/or claims, (4) an assessment of an y other factors (such as local jury tendencies, appearance of impo rtant witnesses, etc.) that may affect the liability ana lysis or exposure assessment, and (5) an opinion on the settlement value of the case. 7) All status reports from defense counsel must be copied to the CJPRMA Board member whose entity is involved in the claim.

This policy is d esigned to protect the member ent ity and CJPRMA, so that they can ma ke informed litigation decisions on r eported cases. Past experience has shown that defense counsel retained by the member entities of CJPRMA are high -caliber, hardworking attorneys who hav e done very well for their client s, and CJPRMA is grateful for their efforts. Defense counsel are cautioned, however, th at case reporting is given a hi gh priority by C JPRMA and its members, and is a major consideration in evaluating counsel’s performance.

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E-1

Exhibit E

LITIGATION GUIDELINES
The following guidelines should be followed when the scope of work includes representing the City in litigation:

1. The Ci ty Council shall be kept informed of the initiation and progress of all litigation, including on at least a quarterly basis and whenever significant developments occur.

2. A&W shall consult the City Manager regarding the component parts of litigation handled by A&W so that t he City Manager, in consultation with the City Council, if necessary, can determine whether a particular activity is reasonable in light of its costs and benefits.

3. Cases should not be oversta ffed and generally no more than a partner and ass ociate should be assigned but the City Manager may approve a higher level of staffing.

4. All pleadings shall be submitted to the City Manager for review prior to filing.

5. Copies of major work product, ple adings, motions, orders, decisions, research memoranda, reports on sign ificant developments, and quarterly status reports shall be submitted to keep the City Manager advised of any major developments in the lawsuit. Suc h copies shall be provided in electronic format compatible with software in the City Attorney’s office.

6. Generally, the City Manager will rely u pon A&W for guidance on litigation strateg y.

Nonetheless, prior approval from the City Manager is necessary fo r demurrers, motions for summary judgment and discovery motions.

7. City expects that A&W will resolve all discovery disputes without court intervention. If this is impossible due to the c onduct of others, please inform the City Manager immediately.

City’s intent is to have discovery be fair and open with the money spent on reviewing relevant items that are discovered, not on discovery battles.

8. Provide full descriptions of legal tasks pe rformed. This will help the City Manager follow case development and understand Firm’s strategy.

9. Some types of litigation -related expenses require prior approval by the City Manager including, but not limited to, experts and investigators. Expenses over a cer tain dollar amount always require prior approval. See Section III (Reimbursements) of Exhibit B (Billing Protocols and Guidelines) of this Agreement for a list of those expenses that may be reimbursed.

10. A&W shall not be responsible for any matter w ithout a specific written assignment by the City Manager and where t here is reassignment from other couns el of a pending matter, the filing of a change of counsel is required before A&W would be responsible for the matter.

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EXHIBIT F
01337.0001/802617.3 F-1

City of Richmond - Insurance Requirements - Type 2:

Professional Services
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain fo r the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the co ntract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.

CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services o f CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CO NTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

Original, signed certificates and original, separate policy endorsem ents, naming the City as an additional insured for general liability coverage, as well as a waiver of su brogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.

Minimum coverage is detailed below. The policy limits of coverage sh all be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at lea st as broad as the following:

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).

3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.

5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.

6. Professional Liability or Errors & Omissions Liability Insurance a ppropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compe nsation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease. If CONTRACTOR is self -insured, provide a certificate of Permission t o Se lf- Insure, signed by the California Department of Industrial Relations and Self - Insurance. If contractor is a sole proprietor (has no employees) tha n contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

General Liability
(primary and excess
limits combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a ge neral aggrega te, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

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F-2

City of Richmond - Insurance Requirements - Type 2:

Professional Services

Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

Professional Li ability or Er rors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

PROJECT COST
$0 - $1 million
$1 million - $5 million
Over $5 million

REQUIRED LIMIT
$1 million p/o
$2 million p/o
$5 million p/o

Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.

The City of R ichmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the opera tions by or on behalf of the named insured including bodily injury, deaths and property dam age or destru ction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents an d volunteers. Any insurance or self insurance maintained by the City is wholly separate fro m the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compen sation Insurance during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Deductibles and Self -Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

Contractor is responsible for satisfaction of the deductible and/or self - insured retention for each loss.

A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liabi lity Policy i s used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.

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F-3

City of Richmond - Insurance Requirements - Type 2:

Professional Services
Claims-Made Policies
If any insurance policy is written on a claims -made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors
CONTRACTOR shall include all subcontractors as ins ured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR agrees to def end and indemnify the City of Richmond for any damage resulting to it from failure of eithe r CONTRACTOR or a ny subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.

Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage
CONTRACTOR shall maintain the requ ired insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required d uring this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating tha t the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwi se materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary s o that the remaining terms and provisions herein may be consistent with public policy and thus enforceable

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G-1

EXHIBIT G

SANCTUARY CITY COMPLIANCE

STATEMENT
The undersigned, an authorized agent of ________________________ (hereaft er "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S.

Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”).

Contractor understands the meaning of the following terms used in the CCO:

a. "Data Broker” means either of the following:

i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;

ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.

b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."

Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.

By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 , at , California.

Printed Name: Title: __________

Signed: Date:

Business Entity: ___________________

Vendor SCCO Compliance Statement (Augt2020)\

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Page | 1 Sole Source Form – Rev. May 12, 2016

City of Richmond
Sole Source Justification

THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE _______________________________________________________________________________ Contact the Purchasing Division and discuss your rationale before completing this form. If Purchasing can help you make this a competitive purchase, then this form will not be required.

Attach this completed/approved form to requisitions when competitive quotes/bids/proposals are not solicited. (Required for requisitions > $3,000)
Requested Sole Source Supplier:

Company Name: ___________________________ Contact Name: ______________________ Address: _______________________________________________________________________ City: _________________________ State: _____________ Zip Code: ____________________ Phone Number (____) ___________ E-Mail _______________________________________ Duration of Contract: ____________________________________ Estimated Cost: $ _______________ Funding Source (Account String)_________________ Is the product/service IT related? Yes_____No _____ If Yes, please attach the approved IT Authorization Form For Product: Is the recommended company the manufacturer of the product? Yes_____ No _____ For Product: Does the manufacturer sell the item(s) through distributors? Yes_____ No _____ Description of Product or Service:

Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (if additional space is needed, include them in a separate page)

Sole Source Rationale: PLEASE ANSWER ALL THE FOLLOWING QUESTIONS: Explain why the recommended company is the only company that can meet the requirement. Address the following: Are there any other companies who can do this job? What condition (e.g. technological superiority, or performance risks, etc.) exists so that the recommended company has a significant advantage over any other company who can do this job? It is important to sufficiently address the key reason for awarding an order/contract without soliciting competitive bids. The rational must be clear and convincing, avoiding generalities and unsupported conclusions.

(if additional space is needed, include them in a separate page)

Aleshire and Wynder
Dave Aleshire
18881 Von Karman Avenue, Suite 1700
Irvine
CA
92612
949
223-1170
[email protected]
undetermined

1.4M/year
01151014-400206
x
The service to be provided is city attorney services as required by Government Code. Aleshire has been serving as interim city attorney since the end of December 2021.

Aleshire has the skills and experience to serve as city attorney, has served as Richmond's interim city attorney and is willing to continue to serve as the city attorney. Dave Aleshire's experience over the past 6 plus months makes him uniquely suited to serve as city attorney. Changing city attorneys at this point in time does not make sense given the current magnitude of complex projects and litigation. Changing attorneys would require an enormous amount of time and money for the new attorney to gain the knowledge and insights that Dave Aleshire has about Richmond and its legal matters. Competitive bidding might yield slightly lower hourly rates but the savings in rates would be eaten up by the time required to get up to speed on Point Molate and other projects and lawsuits. His skill in managing these items is priceless.

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2 | Page

Complete the following checklist
A specific contractor is the only source of the required item because (check all that apply):

The required items are proprietary to the Contractor, and contractor solely transacts (sells) direct to the customer. (There are no dealers or distributors for contractor).

The required items are proprietary to the Contractor, and contractor does not sell direct to the customer. Contractor solely distributes the item or service through only one dealer or distributor in the United States. (There are no dealers or distributors for contractor).

Note: If item or service is available from more than one source, the item or service may be treated as proprietary, but must be competitively solicited from multiple (two or more) sources.

A specific item is needed:

To be compatible or interchangeable with existing hardware As spare or replacement hardware For the repair or modification of existing hardware Federal or state grant names vendor as condition of funding. (Attach copy of grant that names vendor)
There is a substantial risk in contracting with any other contractor, (e.g., only one contractor has been successful to date in implementing a difficult manufacturing process or the services sought ). In a brief explanation, provide supporting evidence of why other contractors are considered to be unable to overcome the substantial risk.

Continuation of prior Work – Additional item, service or work required, but not known to have been needed when the original order was placed with vendor, and it is not feasible or practicable to contract separately for the additional need. Provide brief explanation and supporting evidence.

(if additional space is needed, include them in a separate page)

Dave Aleshire has been managing all of the complex lawsuits and legal matters. Work on these matters is not complete. At this point it is not practicable to contract with or hire another city attorney.

When Aleshire was hired as Interim, a solicitation of attorneys and posting on a list serve was done. Candidates were interviewed and Aleshire was selected as the best qualified to provide the services.

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3 | Page

I acknowledge the City’s requirements for soliciting competitive quotes/bids for purchases over $3,000.00 and the criteria for justification for Sole Source purchases. I have gathered the required information, have made a concerted effort to review comparable/equal equipment/services (e.g., market research), and further affirm that there is no conflict of interest involved in the selection made.

Department: _________________________________
Requester Name and Title: ____________________________________________________________ Note: Requester must be able to defend this justification.

Date:_____________ Phone: _______________
Department Director (Print) _____________________ (Sign) ________________ Date:__________

--------------------------------------------------------------------------------------------------------------------- Submit completed form to the Purchasing Division (Prior to submission to City Manager)

Finance Director:

APPROVED: ____________________ DATE: ___/___/___

NOT APPROVED: ________________ COMMENTS:

____________________________ ______________________________ City Manager City Clerk Attesting to Council Approval (Under $10,000.00) (Over $10,000.00) (Copy of Minutes may be substituted)

Note: Richmond Municipal Code Section 2.52.326 Sole Source Procurement requires final approval by the City Manager and/or City Council. Sole Source must be approved by Finance Director, PRIOR to Council Approval.

PROCEDURE
Sole Source purchase/service are exceptions to the normal bidding process and require a detailed justification. In processing Sole Source requests for supplies, services and/or equipment, the Purchasing Division adheres to and is governed by the principles set forth in City of Richmond Municipal Code Section 2.52.326 Sole Source Procurement.

If you are requesting a particular vendor, brand or product, you must make this fact clear on your Sole Source form.

Your request will then be restrictive and non-competitive, and will fall into a sole source category. If the sole source justification is approved, the requisition can be expedited without the normal bidding requirements.

Such a request should not be made unless you are confident that your request is reasonable and appropriately justified to meet the City’s requirements and withstand any possible audit. The City’s requirements and the format for submitting such requests are contained herein. Sole Source form must be signed by authorized department representative(s). The certification will remain on file for audit purposes.

The following factors DO NOT apply to sole source requests and should not be included in your sole source justification. They will not be considered and only tend to confuse the evaluation process.

1. Personal preference for product or vendor.

2. Cost, vendor performance, and local service (these are generally considered award factors in competitive bidding).

3. Features which exceed the minimum department requirements.

City Attorney's Office
Heather Mc Laughlin, Interim City Attorney
July 13, 2022
510-620-6848
July 13, 2022
Heather Mc Laughlin
For D. Cuellar
7 14 2022

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July 19, 2022

City Council

DATE: July 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Councilmember Gayle McLaughlin

Subject:

Explore the feasibility of implementing additional farmers markets, food hubs, and/or Foodieland events on a
reoccurring basis
FINANCIAL IMPACT: While financial impact will need further study, it is known that such food events add economic benefit to cities and communities.

PREVIOUS COUNCIL
ACTION:

The Richmond General Plan and its Health and Wellness
Element was adopted on April 25, 2012; Health in All
Policies (HiAP) Strategy and Ordinance were launched in 2014; Ordinance No. 27-15 was adopted on Dec. 15,
2015, amending Richmond Municipal Code Chapter 9.15

STATEMENT OF THE
ISSUE:

Richmond should explore having more open market food
events such as Farmers Markets and Foodieland events.

Open market food events are known to not only advance
health and wellness with access to healthy and delicious fruits, produce and other nutritious foods, but also create local jobs, community engagement, advance our local
economy and help sustain the environment with local
food systems rather than relying solely on food trucked long distances into our area (with all the greenhouse gas emissions that creates).

RECOMMENDED ACTION:

DIRECT staff to come back to the City Council in October of 2022 with a presentation that includes a menu of
opportunities for the Council to examine for recurring
open market food events in Richmond - Councilmember
Gayle McLaughlin (510-620-6636).

AGENDA
REPORT

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July 19, 2022
DISCUSSION:

The City of Richmond is fully committed to achieving the highest level of health for all Richmond residents. Our Health in All Policies (HiAP) Strategy and Ordinance (launched in April 2014) reflects this commitment through an integrated effort to promote health equity in Richmond. With this strategy, the City showed its commitment to operationalize the Community Health and Wellness Element of the General Plan 2030 (approved in April 2012).

Adopting this strategy and these policies were major accomplishments and set the road ahead for how we need to better the health and wellness of our community at large.

This item focuses in particular on access to healthy food. A major part of our Health in all Policies must be nutrition and availability to healthy food for all our residents.

We are very lucky indeed to have dedicated community groups, such as Urban Tilth, growing and distributing healthy food throughout the city.

While important progress has been made by various groups to elevate the level of healthy food available to our communities, it is time the City of Richmond takes a larger step forward in the implementation of health food access that will help our local healthy food community groups and the population at large.

Various residents throughout the city have been concerned about such access and have reached out to the City Council on numerous occasions. Attempts to bring in more grocery stores to Richmond is an ongoing effort that must continue. However, while we need to continue to explore bringing in more grocery stores to the city, there are other avenues we can and must explore that will not only bring healthy food to our residents, but also bring about more community engagement. I refer to initiatives such as Farmers Markets, Food Hubs, and Foodieland events. We currently have a wonderful and well- appreciated weekly Farmers Market in Civic Center on Barrett Ave. However, one Farmer’s Market is insufficient for a city the size of Richmond. The City of Berkeley, roughly the same size population as Richmond, has three (3) weekly Farmers Markets.

As stated by renowned author and chef Alice Waters: “I want to get people into the Farmers’ Markets to taste and touch and have their senses opened to real food, to support the people who are taking care of the land, so we’ll have a pure source of food in the future.” It is really important that we advance our alternative food system to support healthier outcomes for our community.

This item asks City staff to come back to the City Council in October of 2022 with a presentation that includes a menu of opportunities for the Council to examine for recurring open market food events in Richmond. Such open markets are known to not only advance health and wellness with access to healthy and delicious fruits, produce and other nutritious foods, but also create local jobs, community engagement, advance our local economy and help sustain the environment with local food systems rather than

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July 19, 2022
relying solely on food trucked long distances into our area (with all the greenhouse gas emissions that creates).

Open market events can include:

1. Additional Farmers Markets (weekly would be ideal, but even monthly and quarterly would be a good start). California Farmers Market Association provides information on start-up for new Farmers Markets in the state. As per their website, it takes about 6 months to open one:
http://www.cafarmersmkts.com/about#about-cfma

2. Foodieland Night Markets https://foodielandnm.com/ Foodieland Night Markets have taken off big-time in the Bay Area and are described as foodie-inspired food and entertainment festivals.

3. A hybrid model of the above (e.g., a Farmers Market that also includes local vendors with healthy prepared foods, nutrition education, and entertainment)

There are various grant opportunities as well as toolkits for advancing local food systems. CA Dept. of Food and Agriculture (CDFA), for example, provides planning and grants. As per their website, CDFA’s Farm to Community Food Hub Program will provide planning and implementation grants to mission driven food hubs throughout the state of California. See this website for more info:
https://cafarmtofork.cdfa.ca.gov/F2CFHP.html

It is important when City staff comes back to the City Council that they present various feasible sites as well as parking availability and best times to hold such open market events. In addition, the expectation is that staff will make sure they make recommendations that when implemented are done so with a racial equity lens in regard to the outreach to vendors, farmers and other participants.

Recently we held a Ferry Festival outside of the Craneway Pavillion which was well- attended by our community. That may be one such location for future food festivals.

The community and the City Council will benefit greatly from City staff researching these possibilities and coming back in the fall with some recommendations. This research can and should coincide with and inform the work our recently hired consultant, Appraccel, LLC., is doing in developing a Richmond Green-Blue New Deal.

DOCUMENTS ATTACHED:

None

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July 19, 2022

Economic Development

DATE: July 19, 2022
TO: Mayor Butt and Members of the City Council
FROM: Lizeht Zepeda, Senior Business Assistance Officer James Atencio, Senior Assistant City Attorney

Subject:

Approve a Lease Amendment with Richmond Grown LLC
FINANCIAL IMPACT: In 2019 City Council approved a base rent of $20,000 per month ($240,000 annually) with a 4% annual increase.

The cannabis tax revenue is expected to be in excess of $2 million annually.

The minimum annual revenue guarantee (MAG) under
the lease is $550,000 per year and is comprised of base rent and cannabis business license taxes. The MAG
increases by $50,000 per year until it reaches a cap of $700,000 in year four of the lease.

PREVIOUS COUNCIL
ACTION:

July 23, 2019, item H-11. Approved lease agreement &
construction agreement

STATEMENT OF THE
ISSUE:

City staff is seeking authorization to approve a lease
agreement amendment with Richmond Grown, LLC.

AGENDA
REPORT

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July 19, 2022
RECOMMENDED ACTION:

APPROVE a lease agreement amendment with
Richmond Grown, LLC. extending the term, modifying
allowable uses, adding a sponsor program and modify
sublease consent – City Manager’s Office, Economic
Development, Port Division (Lizeht Zepeda /James
Atencio 620-6504/620-6653).

DISCUSSION:

Background

The General Warehouse is a 140,000 square foot building located at 1324 Canal Boulevard also known as Historic Shipyard #3 at the Point Potrero Marine Terminal.

The building was utilized for storing shipyard supplies during World War II. The building has been vacant and unused for decades.

On July 23, 2019, the City Council approved a lease agreement and construction agreement with Richmond Grown, LLC. The lease agreement included the rehabilitation of the building for the purpose of processing, manufacturing, and wholesale distribution of cannabis products. Richmond Grown, LLC entered a triple net lease with the Surplus Property Authority of the City of Richmond (SPA), and stated Richmond Grown responsible for all costs associated with the premises and its project, including rent and taxes, maintenance and building insurance. The term of the lease is for 20 years with two, seven-year tenant extension options.

In 2021, Richmond Grown LLC expressed a desire to amend the current terms of their lease agreement. City staff and the City Attorney’s Office have worked with the City Council sub-committee and Richmond Grown representatives to negotiate terms.

Highlighted proposed amendment terms include:

 Modify lease terms to change from 20 years (July 25, 2019-July 25, 2039) and two extensions to 55 years (commencing March 1, 2022-February 28, 2077.  Modify the allowable use to include cannabis cultivation  Add sponsor program contribution of community benefits in the amount of $350,000, which attempts to meet the objectives of the City’s Community Benefits Ordinance. However, given that the City Council is in recess during August the noticing requirements are unable to be fulfilled for this lease amendment.

Richmond Grown, LLC is fully responsible for the rehabilitation costs for the General Warehouse. All construction is performed in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

The cost of the rehabilitation is currently estimated at $20 million. Richmond Grown is fully responsible for these costs. Concurrently with the execution of the original lease,

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July 19, 2022
the SPA and Richmond Grown, LLC entered into a construction agreement providing for Richmond Grown to design and construct the rehabilitation project and provide a letter of credit in the amount of 20 percent of the project construction cost, inclusive of a contingency of 10 percent or deposit into escrow the same amount of funds. The initial dollar amount for the letter of credit or escrow deposit, either of which can disburse to pay the project costs as defined in the construction agreement, is anticipated to be $4,000,000.

The commencement date for rent and the MAG obligation is the date of the Certificate of Occupancy as issued by the Building Department.

DOCUMENTS ATTACHED:

Attachment 1 – Amendment to the Lease
Attachment 2 – Original Lease

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1 09683\002\9058097.v7

FIRST AMENDMENT TO TRIPLE NET LEASE AGREEMENT

AND CONSENT TO SUBLEASE
This FIRST AMENDMENT TO TRIPLE NET LEASE AGREEMENT AND CONSENT TO SUBLEASE (“Amendment”), dated for reference purposes only as of the ___ day of ____ 2022, is entered into by and among SURPLUS PROPERTY AUTHORITY OF THE CITY OF RICHMOND, a public body corporate and politic (“Landlord”), and RICHMOND GROWN, LLC, a California limited liability company (“Tenant”), and VALANDTRA HOLDING, LLC, a California limited liability company (“Subtenant”).

R E C I T A L S:

A. Landlord and Tenant are parties to that certain Triple Net Lease dated July 25, 2019 (the “Original Lease”), pursuant to which Tenant currently leases from Landlord th at certain 140,000 square foot building commonly known as the General Warehouse (Building 24), located at 1324 Canal Boulevard, Richmond, California 94804 (the “Premises”), as more particularly described in the Original Lease. The Original Lease as amended by this Amendment is referred to herein as the “Lease”.

B. The parties desire to amend the Lease in order to extend the term of the Lease and otherwise modify the Lease pursuant to the terms and conditions set forth below.

C. Capitalized terms which are used in this Amendment without definition have the meanings given to them in the Lease.

A G R E E M E N T:

NOW, THEREFORE, in consideration of the foregoing Recitals, the mutual covenants and agreements contained in this Amendment and other good and valuable consideration, the receipt and sufficiency of such are hereby acknowledged, Landlord and Tenant hereby agree as follows:

1. Section 2.3 - Memorandum of Lease. Landlord and Tenant agree that Tenant shall have the right at any time after execution of this Amendment to record a Memorandum of Lease in the form attached hereto as Exhibit A in the official records of Contra Costa County to make the Lease a matter of public record.

2. Section 3.1(a) – Term and Section 3.1 (b) – Extension Options. Notwithstanding the terms of Section 3.1(a) of the Lease, the initial Term of the Lease shall be fifty -five (55) years commencing measured from March 1, 202 2, expiring February 28, 2077. Notwithstanding the terms of Section 3.1(b) of the Lease, Tenant shall have no Extension Options to extend the initial Term of the Lease and all of Section 3.1(b) is hereby deleted.

3. Modification to Section 5.8(b)(iv) (a). Th e restriction on the extent of cultivation of cannabis allowed at the Premises contained in Section 5(b)(iv) subpart (a) is here by deleted and shall be of no further force or effect.

4. Modification to Section 6.1 . The first sentence of Section 6.1 of the L ease is hereby amended to read as follows:
“Landlord understands and agrees that Tenant shall have the right to finance Tenant’s leasehold interest in the Lease and the Premises, provided in no event shall Tenant have the right to, nor shall, Tenant encumber Landlord’s interest in the Lease or Landlord’s fee

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title interest in the Premises and/or the Project and at no time shall Landlord’s fee title interest in the Premises or Landlord’s interest in the Lease be subjected or subordinated in any manner to the interests of any mortgagee, trust deed holder, or any other lienholder of Tenant or any person claiming by or through Tenant . Tenant agrees to provide Landlord with copies of any proposed leasehold financing documentation, the terms thereof and information regarding any leasehold mortgagee, each for Landlord’s review and prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed.”

5. Sponsor Program Contribution. Promptly following the execution of this Amendment by Tenant and the City and Tenant’s funding of the Construction Escrow Amount as provided in the Construction Agreement Exhibit C to the Lease, and as a condition to recordation of the Memorandum of Lease as to the initial tranche, Tenant will fund $350,000 .00 to City to be held and disbursed in its Community Benefits Fund pursuant to Richmond Municipal Code Section 15.04.816.060 (“Ordinance”), as it may be amended from time to time, or pursuant to any implementing regulations. These funds will be provided by Tenant on the following schedule: $100,000.00 upon the full execution of this Amendment , $100,000.00 the next two anniversaries of that date , then $50,000 on the third anniversary of the initial disbursement. Upon the disbursement of any of the aforesa id funds to City, Tenant shall have no further legal or beneficial interested in said funds which shall become the property of City under distributed under the Ordinance.

6. Consent to Sublease and Related Agreements.
(a) Sublease. Pursuant to that certain Single-Tenant Commercial/Industrial Lease” dated April 28, 2021, between Tenant, as “Landlord” and Culture Cannabis Club, LLC, a California limited liability company, as “Tenant” (“Subtenant”) for the entirety of the Premises, as amended by a Second Addendum to Lease, a Third Addendum to Lease, a Fourth Addendum to Lease and a Fifth Addendum to Lease Tenant has subleased the Premises ( as amended, collectively, the “Sublease”). Subtenant is now known as Valandtra Holding LLC.
(b) Consent. Landlord hereby consents to the Sublease and to the Subtenant’s Permitted Use as set forth in Section 1.10 of the Sublease , subject to and on the terms and conditions contained in this Amendment (“Consent”). The Consent is not assignable. Except as expressly provided in this Consent, this Consent shall not:
(i) operate as a representation or warranty by Landlord and Landlord shall not be bound or estopped in any way by the provisions of the Sublease; (ii) be construed to modify, waive or affect (i) any of the provisions, covenants or conditions in the Lease, (ii) any of Tenant’s obligations under the Lease, or (iii) any rights or remedies of Landlord under the Lease or otherwise or to enlarge or increase Landlord’s obligations or Tenant’s rights under the Lease or otherwise; or
(iii) be construed to waive any present or future breach or default on the part of Tenant under the Lease.
(c) Notwithstanding anything to the contrary contained in the Sublease, the Sublease shall at all times be subject and subordinate to the Lease and all of its provisions, covenants and conditions.

Subtenant shall not commit or permit to be committed any act or omission which shall violate any term or condition of the Lease. In case of any conflict between the provisions of the Lease and the provisions of the Sublease, the provisions of the Lease shall prevail unaffected by the Sublease. Subtenant acknowledges

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that it has received from Tenant, and reviewed, a full and complete copy of the Lease. Except as expressly provided in this Conse nt, this Consent shall not operate as a consent to, or approval or ratification by Landlord of, any of the provisions, covenants or conditions of the Sublease (other than the actual demise of the Premises to Subtenant from Tenant). In furtherance of the preceding sentence, but without limiting the generality thereof, Landlord shall in no event be bound or estopped by any of the provisions, covenants and/or conditions of the Sublease . Neither this Consent, nor the Sublease, nor any acceptance of rent by Landlord from Subtenant, shall be deemed to grant Subtenant any rights whatsoever against Landlord. (d) Neither the Sublease, nor this Consent thereto, nor any acceptance of rent by Landlord from Subtenant, shall release or discharge Tenant from any liability under the Lease and Tenant shall remain primarily liable and responsible for the full performance and observance of all of the provisions, covenants and conditions set forth in the Lease on the part of the Tenant to be performed and observed. Any act or omission by Subtenant (or Subtenant’s employees, agents, contractors, representatives and/or invitees) which would otherwise constitute a breach or violation of any provision of the Lease if committed by Tenant, or its employees, agents, contractors, representatives and/or invitees, shall be deemed to be and shall constitute a breach or violation by Tenant of any such provision of the Lease. (e) This Consent by Landlord shall not be construed as a consent to (A) any further subletting of the Premises, or any pa rt thereof (including, without limitation, any sub -sublet of the Premises), or (B) any assignment of any interest in the Lease or Sublease either by Tenant or Subtenant.

Notwithstanding anything to the contrary contained in the Lease and/or the Sublease, neither the Lease nor the Sublease may be modified, amended, assigned (whether by operation of law, or otherwise, and provided that the sale, assignment, transfer or hypothecation of more than 49% of the ownership interests of Subtenant shall be deemed a prohibited assignment), renewed or extended, nor shall the Lease or the Premises, or any part thereof, be further suble t, sub-sublet or occupied by persons or entities other than Subtenant, without the prior written consent of Landlord in each instance, which consent Landlord shall not unreasonably withhold, condition or delay, and provided in all events the provisions of Section 15.2 shall govern as to the rent and charges to be charged by Tenant to any Occupants of the Premises or any portion thereof.
(f) Upon the expiration or any earlier termination of the term of the Lease, or in case of the surrender of the Lease by Tenant to Landlord, except as provided in the following sentence, the Sublease and its term shall expire and come to an end as of the effective date of such expiration, termination, or surrender and Subtenant shall vacate the Premises on or before such date. If the Lease shall expire or terminate during the term of the Sublease for any reason other than condemnation or destruction by fire or other cause, or if Tenant shall surrender the Lease to Landlord during the term of the Sublease, Landlord, in its sole and absolute discretion (upon written notice given to Subtenant not more than thirty (30) days after the effective date of such expiratio n, termination or surrender and without any additional further agreement of any kind on the part of the Subtenant), may elect to continue the Sublease with the same force and effect as if Landlord, as lessor, and Subtenant, as lessee, had entered into a le ase as of such effective date for a term equal to the then unexpired term of the Sublease and containing the same terms and conditions as those contained in the Sublease. In such event, Subtenant shall attorn to Landlord and Landlord and Subtenant shall h ave the same rights, obligations and remedies thereunder as were had by Tenant and Subtenant thereunder prior to such effective date, respectively, except that in no event shall Landlord be (a) liable for any act or omission of Tenant, (b) subject to any o ffsets or defenses which Subtenant had or might have against Tenant, (c) bound by any rent, additional rent or other payment paid by Subtenant to Tenant in advance, nor obligated to recognize, or liable in any way for, any security deposit delivered by Sub tenant to Tenant or (d) bound by any amendment to the Sublease not consented to by Landlord. Upon expiration of the Sublease pursuant to the provisions of the first sentence of this Section 6, in the event of the failure of Subtenant to vacate the Premise s as therein provided, (i) Landlord shall be entitled to all the rights and remedies available to a landlord against a tenant holding over after the expiration

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of a term and (ii) Tenant shall be liable to Landlord for all costs, losses, expenses or liability, including lost rent, damages due to the unavailability of the Premises to new tenants and attorneys’ fees, incurred by Landlord as a result of Subtenant’s failure to vacate and surrender the Premises upon the expiration or termination of the Lease and Tenant shall indemnify and defend Landlord against such costs. (g) Upon the expiration or any earlier termination of the term of the Lease, or in case of the surrender of the Lease by Tenant to Landlord, except as provided in the following sentence, the Sublease and its term shall expire and come to an end as of the effective date of such expiration, termination, or surrender and Subtenant shall vacate the Premises on or before such date. If the Lease shall expire or terminate during the term of the Sublease for any reason other than condemnation or destruction by fire or other cause, or if Tenant shall surrender the Lease to Landlord during the term of the Sublease, Landlord, in its sole and absolute discretion (upon written notice given to Subtenant not mor e than thirty (30) days after the effective date of such expiration, termination or surrender and without any additional further agreement of any kind on the part of the Subtenant), may elect to continue the Sublease with the same force and effect as if La ndlord, as lessor, and Subtenant, as lessee, had entered into a lease as of such effective date for a term equal to the then unexpired term of the Sublease and containing the same terms and conditions as those contained in the Sublease. In such event, Sub tenant shall attorn to Landlord and Landlord and Subtenant shall have the same rights, obligations and remedies thereunder as were had by Tenant and Subtenant thereunder prior to such effective date, respectively, except that in no event shall Landlord be (a) liable for any act or omission of Tenant, (b) subject to any offsets or defenses which Subtenant had or might have against Tenant, (c) bound by any rent, additional rent or other payment paid by Subtenant to Tenant in advance, nor obligated to recognize, or liable in any way for, any security deposit delivered by Subtenant to Tenant or (d) bound by any amendment to the Sublease not consented to by Landlord. Upon expiration of the Sublease pursuant to the provisions of the first sentence of this Section 6, in the event of the failure of Subtenant to vacate the Premises as therein provided, (i) Landlord shall be entitled to all the rights and remedies available to a landlord against a tenant holding over after the expiration of a term and (ii) Tenant shall be liable to Landlord for all costs, losses, expenses or liability, including lost rent, damages due to the unavailability of the Premises to new tenants and attorneys’ fees, incurred by Landlord as a result of Subtenant’s failure to vacate and surrender the Premises upon the expiration or termination of the Lease and Tenant shall indemnify and defend Landlord against such costs. (h) Tenant hereby assigns and transfers to Landlord, as security for Tenant’s obligations under the Lease, all of Tenant’s right, title and interest in all rentals and income arising from the Sublease, subject, however, to the following terms of this Section 5(h):
(i) Landlord agrees that until a default shall occur in the performance of Tenant’s obligations under the Lease, Tenant may receive, collect and enjoy the rents accruing under the Sublease. However, if a default shall occur in the performance of an y of Tenant’s obligations under the Lease beyond applicable notice and cure periods provided therein, then Landlord may, at its option, receive and collect, directly from Subtenant, all rent then owing and thereafter becoming due and payable under the Sublease as such rent shall become due and payable under the Sublease. All such rent payable under the Sublease so collected by Landlord shall be applied against any rent payable by Tenant to Landlord under the Lease. So long as the Lease remains in effect, any excess amounts collected under the Sublease, after discharge of all of Tenant’s obligations under the Lease, shall be refunded promptly by Landlord to Tenant.

Landlord shall not, by reason of the collection of rents from Subtenant, be deemed liable to Subtenant for any failure of Tenant to perform and comply with Tenant’s obligations under the Lease or the Sublease.

Nothing contained herein shall be deemed to create any right of Tenant to the refund of any rents or other amounts paid or payable to Lan dlord by Subtenant arising or accruing after the expiration or earlier termination for any reason of the Lease.

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(ii) Tenant hereby irrevocably authorizes and directs Subtenant, subject to the provisions of Section 5(h)(i)) hereof, upon receipt of any written notice from Landlord stating that a default exists in the performance of Tenant’s obligations under the Lease beyond applicable notice and cure periods under the Lease, to pay to Landlord the rents and other amounts due and to become due under the Sublease as such rents and other amounts shall become due and payable under the Sublease. Tenant agrees that Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant shall pay such rents and other amounts to Landlord without any obligation or right to inquire as to whether such default exists and notwithstanding any notice or claim from Tenant to the contrary and Tenant shall have no right or claim hereunder against Subtenant for any such rents or other amounts so paid by Subtenant. Tenant agrees that payments to Landlord shall satisfy and discharge Subtenant’s obligation for the payment of rent and other amounts due under the Sublease to the full extent of such payments made to Landlord.
(i) Subtenant hereby agrees and acknowledges that, notwithstanding anything to the contrary contained in the Sublease: ( a) Subtenant shall at all times strictly comply with the insurance requirements and all other terms and conditions of Section 10.3 of the Lease (without limiting the generality of the foregoing, Subtenant shall name Landlord, and such other persons or firms with insurable interests as Landlord specifies from time to time, as additional insureds in accordance with Section 10.3 of the Lease); (b) any consent sought by Subtenant from Tenant must first be sought and obtained from Landlord, subject to the terms and conditions of the Lease; and (c) Subtenant shall provide to Landlord copies of any and all notices that it provides to Tenant.

7. Broker. Tenant hereby represents and warrants to Landlord that it is not aware of any brokers, agents or finders, representing Landlord or Tenant, who may claim a fee or commission in connection with the consummation of the transactions contemplated by this Amendment. If any claims for brokers’ or finders’ fees in connection with the transactions contemplated by this Amendment arise, then Tenant agrees to indemnify, protect, hold harmless and defend Landlord (with counsel reasonably satisfactory to Landlord) from and against any such cla ims if they shall be based upon any statement, representation or agreement made by Tenant.

8. Authority. Each signatory of this Amendment on behalf of Tenant represents hereby that he or she has the authority to execute and deliver the same on behalf of the party hereto for which such signatory is acting.

9. Successors and Assigns. This Amendment shall extend to, be binding upon, and inure to the benefit of, the respective successors and permitted assigns and beneficiaries of the parties hereto.

10. No Other Modification. Landlord and Tenant agree that except as otherwise specifically modified in this Amendment, the Lease has not been modified, supplemented, amended, or otherwise changed in any way and the Lease remains in full force and effect between the parties hereto as modified by this Amendment. To the extent of any inconsistency between the terms and conditions of the Lease and the terms and conditions of this Amendment, the terms and conditions of this Amendment shall apply and govern the parties. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same Amendment. For purposes of this Amendment, signatures by facsimile or electronic PDF shall be binding to the s ame extent as original signatures.
[NO FURTHER TEXT ON THIS PAGE; SIGNATURES ON FOLLOWING PAGES]

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IN WITNESS WHEREOF, Landlord , Tenant, and Subtenant have caused this Amendment to be executed the date first above written.

TENANT:

RICHMOND GROWN, LLC,
a California limited liability company

By:

Name:

Title:

[SIGNATURES CONTINUED ON FOLLOWING PAGE]

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SUBTENANT:

VALANDTRA HOLDING, LLC,
a California limited liability company

By:

Name:

Title:

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LANDLORD:

SURPLUS PROPERTY AUTHORITY OF THE CITY OF RICHMOND,
a public body corporate and politic

By:

Name:

Title:

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Recording Requested by:

And When Recorded Return to:

City of Richmond
________________
Richmond, CA 94804
Attn: City Clerk

Space above this line for recording use Free Recording – Government Code 6103 and 27383

THE UNDERSIGNED GRANTOR DECLARES
DOCUMENTARY TRANSFER TAX is $ _________
_x_computed on full value of property conveyed; or
__computed on full value less value of liens or encumbrances remaining at time of sale.

SB 2 FEE – EXEMPT PURSUANT TO GOVERNMENT CODE SECTION 27388.1(a)(2)(D)

MEMORANDUM OF TRIPLE NET LEASE AGREEMENT
This MEMORANDUM OF TRIPLE NET LEASE AGREEMENT (this “Memorandum”) is made and entered into as of __________, 2022 (the “Effective Date ”), by and between the SURPLUS PROPERTY AUTHORITY OF THE CITY OF RICHMOND, a public body corporate and politic (“Landlord”), as Landlord, and RICHMOND GROWN, LLC, a California limited liability company (“Tenant”), as Tenant.

R E C I T A L S:

A. Landlord and Tenant a re parties to that certain Triple Net Lease dated July 25, 2018 as amended by First Amendment to Lease and Consent to Sublease dated as of _____ __, 2022 (the “ First Amendment” and as amended, the “Lease”), pursuant to which Tenant currently leases from Landlord that certain 140,000 square foot building commonly known as the General Warehouse (Building 24), located at 1324 Canal Boulevard, Richmond, California 94804 (the “Premises”), as more particularly described in on Exhibit A and depicted on Exhibit B, each of which exhibits is attached hereto and made a part hereof .

The Premises is located at the Point Potrero Marine Terminal. A copy of the Lease is available for public inspection at the office of the City Clerk of the City of Richmond, Richmond, CA 94804.

B. The term of the Lease commenced on July 25, 2019, and as extended by the First Amendment continues for fifty five (55) years measured from March 1, 2022, expiring February 28, 2057.

C. Landlord and Tenant desire that a short form memorandum of the Lease shall be executed and recorded in the Official Records of Contra Costa County, California.

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A G R E E M E N T:

NOW, THEREFORE, Landlord and Tenant hereby agree as follows:

1. Lease. Landlord, pursuant to the Lease, hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises upon the terms and conditions and subject to the terms, conditions, and requirements set forth in the Lease. The provisions of the Lease are incorporated into this Memorandum by this reference as if set out in full herein.

2. Purpose of Memorandum. The purpose of this Memorandum is to provide notice of the Lease. This Memorandum is not a complete summary of the Lease and shall not be used to interpret the provisions of the Lease and in no way modifies the terms and provisions of the Lease. In the event of any inconsistency between the terms of the Lease and the terms of this Memorandum, the terms of the Lease shall prevail..

3. Counterparts. This Memorandum may be executed in counterparts, each of which shall be an original and all of which together shall constitute one fully executed document.

4. Quitclaim Deed. Upon the expiration or sooner termination of the Lease, Tenant hereby covenants to promptly execute a Quitclaim Deed relinquishing to Landlord any interest of Tenant in the Premises.

SIGNATURE PAGES FOLLOW

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IN WITNESS WHEREOF, Landlord and Tenant have entered into this Memorandum of Ground Lease Agreement as of the Effective Date.

TENANT:

RICHMOND GROWN, LLC,
a California limited liability company
By:

Name:

Title:
[Signatures continued on following page. The remainder of this page is left blank intentionally.]

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LANDLORD:

SURPLUS PROPERTY AUTHORITY OF THE CITY OF RICHMOND,
a public body corporate and politic
By:

Name:

Title:

ATTEST:

APPROVED AS TO FORM:

By:
___________, City Clerk
APPROVED AS TO FORM:
___________________, LLP
By:
_________________, City Attorney

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09683\002\9058097.v7

LANDLORD ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individ ual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF ______________ )
On _________________, 2022, before me, ,
(insert name of notary)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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TENANT ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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EXHIBIT A

LEGAL DESCRIPTION OF PREMISES

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EXHIBIT B

DEPICTION OF PREMISES

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Page 1 of 2 ends

July 19, 2022

Economic Development

DATE: July 19, 2022
TO: Mayor Butt and Members of the City Council
FROM: Shasa Curl, City Manager
Samantha Carr, Environmental Manager
Nora Bayley, Sustainability Specialist

Subject: Consultant Services for Solid Waste Franchise Agreement Analysis and Recommendations
FINANCIAL IMPACT: The proposed expenditure is included in the adopted FY 2022-2023 budget (Account String 01362765-400201-
2GI01)

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

City staff members are seeking City Council approval to award a contract to R3 Consulting Group, Inc. to provide analysis and recommendations regarding the City’s Solid Waste Franchise Agreement which will expire June 30,
2025.

RECOMMENDED ACTION: APPROVE a contract with R3 Consulting Group, Inc to provide analysis and recommendations regarding the
City’s Solid Waste Franchise Agreement, in the amount
not to exceed $136,735, with the contract term beginning July 20, 2022, and ending December 31, 2023 – City
Manager’s Office, Economic Development (Shasa
Curl/Samantha Carr 620-5407).

AGENDA
REPORT

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Page 2 of 2 ends

July 19, 2022
DISCUSSION:

Background

The City of Richmond entered into an exclusive Solid Waste Collection Franchise Agreement (Agreement) with Richmond Sanitary Service, a subsidiary of Republic Services, in 1985. The Agreement includes the collection of solid waste, recycling, and organic waste generated within City boundaries and ends June 30, 2025, at which time the contract must be either renegotiated or terminated.

Through this contract, R3 Consulting Group, Inc. (R3 will assess the City’s current solid waste collection franchise agreement, conduct a thorough financial and feasibility analysis, assess State Law requirements, and solicit community input on the current agreement and future action (Attachment 1).

R3 will present their findings to City Council for direction. City staff have maintained a good working relationship with Republic Services. As such, upon receipt of the recommendations from R3, the City Council may consider directing City staff to renegotiate an amendment with Republic Services. If City Council directs City staff to complete a competitive solicitation process for a solid waste hauler, City staff will need to do so promptly to allow adequate time to conduct the procurement process.

Request for Qualifications (RFQ)

On January 19, 2022, City staff members released an RFQ (Attachment 2) to solicit a consultant to provide professional services to analyze the City’s current solid waste collection franchise agreement and advise a course of action.

Through the BidsOnline System, 590 vendors were notified of the RFQ (Attachment 3).

The RFQ closed on March 2, 2022, with one response received from R3 Consulting Group, Inc. The R3 Consulting team includes Envirolutions, LLC, which will lead extensive community outreach. The response was reviewed and scored by an interdepartmental evaluation panel (Attachment 4). The final scope was negotiated and determined to be a feasible response.

DOCUMENTS ATTACHED:

Attachment 1 – Proposed Contract with R3 Consulting Group, Inc Attachment 2 – Request for Qualifications
Attachment 3 – BidsOnline Report Solid Waste
Attachment 4 – RFQ Response Score Sheet

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CITY OF RICHMOND

STANDARD CONTRACT

Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

PR No: Vendor No: P.O./Contract No:

Description of Services:

The parties to this STANDARD CONTRACT do mutually agree and promise as follows:

1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]

2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.

4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

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6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.

7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)

9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.

10. Signatures. These signatures attest the parties' Contract hereto:

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)

Title: By:

I hereby certify that this Contract Title:
has been approved by City Council.

Date Signed:

B y :

City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:

B y :

B y : T i t l e :

City Attorney
Date Signed:

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07

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For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN

Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:

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CITY OF RICHMONDCITY OF RICHMOND

STATEMENT OF QUALIFICATIONS
Consulting Services Related to the City’s Solid
Waste Collection Franchise Agreement
March 2, 2022

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In an effort to reduce paper usage, this page has been
left blank for double-sided printing purposes.

If printing, please consider using 100% recycled paper.

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1. COVER LETTER
1 March 2, 2022
Ms. Samantha Carr
City Manager’s Office, Economic Development
City of Richmond
450 Civic Center Plaza, Richmond, CA 94804
submitted online, via BidSync
SUBJECT: SOQ for Consulting Services Related to the City of Richmond’s Solid Waste Collection Franchise Agreement
Ms. Carr,
R3 Consulting Group, Inc. (R3) is pleased to submit the attached Statement of Qualifications (SOQ) to express our interest in Consulting Services Related to the City of Richmond’s (City) Solid Waste Collection Franchise Agreement. For this project, we have teamed with Envirolutions, and their letter of commitment to be a part of the R3 Project Team is included in the Appendix of this proposal.

Firm Description & History
R3 Consulting Group, Inc. - Prime Consultant
Incorporated in California in 2002, R3 is a California Certified Small Business with offices in Oakland and Roseville. We specialize in providing a diverse range of solid waste management consulting services to public agencies, including rate and financial reviews, competitive procurement and/or extension negotiations of collection, processing and disposal services; development, implementation and monitoring of service contracts and franchise agreements; and legislative compliance.

Our team has dedicated their careers to the field of solid waste management and sustainability, and skillfully deliver expert industry analysis and recommendations to our clients, who consist of municipalities, jurisdictions, public agencies, and joint power authorities. R3’s Oakland office is located nearest to the City and will accordingly be the project headquarters: 405 14th Street, Suite 350, Oakland, CA 94612 | 916.782.7821 Envirolutions - Subconsultant
Founded in 2014, Envirolutions specializes in designing and implementing zero waste, recycling, and sustainability projects, including engaging businesses such as grocery stores, restaurants, hotels, and multi-tenant commercial complexes and multifamily dwellings in implementing effective waste diversion programs.

Their clients have included municipal and county governments as well as private industry throughout the Bay Area including but not limited to the cities of Oakland, San Francisco, Piedmont, Alameda, Sausalito, as well as StopWaste, RecycleSmart, RethinkWaste, and the County of Marin.

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405 14th Street, Oakland, CA 94612 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com

1. COVER LETTER
2 Qualifications & Experience
The R3 project team brings a strong understanding of Richmond’s solid waste and recycling circumstances, including the City’s long-standing collection agreement with Richmond Sanitary Service and the City’s membership in RecycleMore, the West Contra Costa Integrated Waste Management Authority. R3 has assisted the City in prior contracting and rate matters involving its collection agreement, including the development and funding of programs to combat litter and illegal dumping in the City and new bulky item collection services for multi-family customers. Moreover, our project team has over 15 years working in West Contra Costa County – as a result, we have unparalleled knowledge of the solid waste and recycling circumstances and marketplace, which is a distinct advantage of engaging our Team.

Envirolutions’ outreach experience includes innovative projects engaging multiple stakeholders in setting up effective and efficient recycling and organics programs that maximize participation and waste diversion. In order to accomplish this, they have designed inclusive outreach campaigns that involve workshops, training, community engagement, and bilingual outreach utilizing partnerships with community organizations, business associations, homeowners associations, and property management associations.

In addition to the project team included in the proposal, Envirolutions has a proven track record of pulling from a cadre of accomplished and multilingual subcontractors to achieve project goals within scope and on time.

Statement of Understanding, Intent, & Willingness
We have reviewed and understand all elements of the City’s RFQ and intend to perform the services outlined. We are willing to enter into an agreement as prescribed by the RFQ, including the insurance requirements and those terms and conditions prescribed in the sample Service Agreement. Our proposal price will be valid for a period of at least 180 days.

Designated Contact Person
We appreciate the opportunity to submit our proposal to the City. As Project Manager and Principal-in-Charge, Garth Schultz will be your primary point of contact. As Principal, Garth is authorized to contractually obligate R3 and negotiate contracts on behalf of the team. * * * * * We look forward to continuing our work with the City of Richmond, and we appreciate the opportunity to submit this proposal. Should you have any questions regarding our proposal or need any additional information, please don’t hesitate to reach out directly.

Sincerely,

Garth Schultz | Principal
R3 Consulting Group, Inc.
510.292.0853 | [email protected]

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Richmond City CouncilJuly 19, 2022

Richmond City Council
July 19, 2022