Richmond City Council
October 4, 2022

General Conditions/EJ/TE 01-19-11 8 of 13

responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.

18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.

19. Compliance with Laws
. Contractor shall comply with all federal, state and
local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.

Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.

Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated

General Conditions/EJ/TE 01-19-11 9 of 13

under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.

The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.

22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.

23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and

General Conditions/EJ/TE 01-19-11 10 of 13

City reserves the right to employ other Contractors in connection with the project.

25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.

26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.

27. Time of the Essence
. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.

Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.

28. Confidentiality
. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:

All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.

No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.

General Conditions/EJ/TE 01-19-11 11 of 13

29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."

30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.

This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.

31. Nonrenewal
. Contractor understands and agrees that there is no
representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.

32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.

33. Interpretation. This Contract shall be interpreted as if drafted by both parties.

34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.

35. Severability
. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view

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toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.

37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.

Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.

38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.

39. Performance and Final Acceptance
.

Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.

General Conditions/EJ/TE 01-19-11 13 of 13

City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.

40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.

For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS

The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):

For the Contract between the City of
Richmond and
Short Form Contract Insurance Provisions/EJ/TE 11-30-07

INSURANCE PROVISIONS

1. Insurance Requirements – During the Term of this Contract, the City’s Insurance Requirements are hereby waived.

2. Waiver of Liability – As a condition of this Contract, the Contractor, its officers, agents and employees, hereby waive any and all rights to seek recovery for loss or damages of any kind against the City of Richmond, its officers, agents, and employees arising out of the goods or services provided under this Contract. This waiver of liability shall survive the expiration or termination of this Contract.

CCC EMPLOYMENT & HUMAN SERVICES

EXHIBIT F

CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of (hereafter
"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 SCCO:
a. "Data Bro ker” means either of the following:
i. The collection of information, including personal information about consumers, from a w
ide 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 ultim
ately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other sim ilar ser
vices."
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 tim
e during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

Contractor further understands and agrees that Contractor's f ailure 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 w ith 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. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

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

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)

EXHIBIT G

October 4, 2022

Police Department

DATE: October 4, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

Ordinance to Approve a Military Equipment Use Policy.

FINANCIAL IMPACT: The cost of the current equipment has already been approved in the FY 2022-2023 Police Department
budget. The Department does not intend to purchase
any additional equipment considered to be “military
equipment” in 2022.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Assembly Bill 481, which took effect on January 1, 2022, requires law enforcement agencies to obtain City Council approval of a military equipment use policy by Ordinance prior to taking certain actions relating to the funding, acquisition, or use of equipment used by the Richmond
Police Department.

RECOMMENDED ACTION:

INTRODUCE an ordinance (first reading) pursuant to
state law (Assembly Bill 481) to approve Richmond
Police Department Policy 707 - Military Equipment Use
Policy - Police Department (Chief Bisa French 510-620-
1802).

AGENDA
REPORT

October 4, 2022
Background:

Assembly Bill 481 was adopted by the California Legislature and approved by Governor Gavin Newsom in September 2021. It went into effect on January 1, 2022. AB 481 is designed to increase community awareness and oversight over the possession and use by local police departments of certain types of equipment that AB 481 defines as “military equipment.” It requires the City Council to provide both authorization and oversight of the equipment used. The law, codified in California Government Code sections 7070 through 7075, requires law enforcement agencies to produce a military equipment use policy that identifies and describes: each type of military equipment; its authorized use; fiscal impact; rules/laws that govern use of such equipment; training required; and mechanisms to ensure compliance with the policy. (See Gov. Code section 7070(d)).

No later than May 1, 2022, a law enforcement agency seeking to continue use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process. The City of Richmond’s approval process began on April 26, 2022, and has resulted in several meetings and collaboration with key stakeholders and with the public. The City Council is required to adopt the policy within 180 days of beginning the approval process. Staff requests that the City Council adopt the ordinance at the October 4, 2022, City Council meeting, and if for some reason City Council requires additional amendments to the Ordinance/Policy, the Department can return later with further amendments. This 180-day period is critical to allow the Department to continue use of equipment that is vital to public and officer safety.

Military Equipment is defined by Government Code section 7070(c)(1-15) as the following:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. (Not applicable to RPD)

3. High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. (Not applicable to RPD)

4. Tracked armored vehicles that provide ballistic protection to their occupants. (Not applicable to RPD)

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind. (Not applicable to RPD)

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.

8. Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition. (Not applicable to RPD)

9. Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.

10. Any firearm or firearm accessory that is designed to launch explosive projectiles. (Not applicable to RPD)

11. Noise-flash diversionary devices and explosive breaching tools.

October 4, 2022

12. Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.

13. TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs). (Not applicable to RPD)

14. Kinetic energy weapons and munitions (e.g., 40MM launcher, beanbag shotgun, foam-tipped projectiles).

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

Additionally, the law requires an annual report and annual review by the City Council for continued use of the equipment. Per Government code 7072(a), the Police Department will submit to the City Council an annual military equipment report within one year of approval, and annually thereafter for as long as the military equipment is available for use. The annual report will be made available to the public on the Police Department’s website and shall include a summary of the following:

1. How the military equipment was used and for the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of military equipment.

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

AB 481 requires the City Council to make the following findings in approving Policy 707:

1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (See Gov. Code section 7071(d)(1)).

Should the City Council desire to approve the policy, these findings are made in the attached ordinance (Attachment 1).

October 4, 2022
Discussion:

Richmond Police Department staff recommends that the City Council adopt the attached ordinance and Policy 707: Military Equipment Use Policy to ensure that the Richmond Police Department can continue to have access to each of its existing pieces of “Military Equipment.”

Military Equipment Use Policy: (Attachment 2)

The proposed Military Equipment Use Policy (RPD Policy 707) is attached to this agenda report as Attachment 2. The Military Equipment Inventory is incorporated into the Policy through Section 707.4 – Military Equipment Inventory.

Current Military Equipment Inventory (Attachment 3):

The Military Equipment Inventory identifies and describes each type of military equipment; its authorized uses; fiscal impact; rules/laws that govern use of each type of equipment; officer training required before using the equipment; and mechanisms to ensure compliance with the Policy. The “military equipment” detailed below is essential and necessary for the Richmond Police Department to continue protecting the public and to ensure officer safety. In addition, there are no reasonable alternative resources that can achieve the same objective. Below is a breakdown of the military equipment currently in use:

Unmanned Aerial Systems (UAS) & Robot – A UAS (commonly referred to as a drone) is an unmanned aircraft of any type that is capable of sustaining directed flight (remote control), and designed for gathering information through imaging, and/or recording. The UAS are means of gathering information without jeopardizing the safety of officers, bystanders, and criminal suspects. The robot is a small-unmanned remote controlled tracked robot that is capable gathering information through imaging, and/or recording.

Mobile Command Center - The Mobile Command Center is a 2012 EVI Spartan 40-foot non-armored vehicle used as an Incident Command Post for preplanned events or unplanned critical incidents. It is a vital component to the police mission when major emergencies, natural disasters or special events in the community trigger the mobilization and coordination of significant resources in the field. Its primary use is to facilitate the management and coordination of personnel, communications, and equipment resources at complex incidents.

Breaching Shotgun & Projectiles – The breaching shotgun is a Remington 870 Police Magnum shotgun modified to breach (open) secured doorframes and disable deadbolt-locking devices. The associated projectiles (shotgun breaching rounds) are rounds specifically made to fragment (break up) on impact. The use of a breaching shotgun and breaching projectiles are an effective option for specifically trained units within the Richmond Police Department.

Patrol Rifles & Ammunition – Rifles are a shoulder fired long gun that fires a rifle caliber cartridge (bullet projectile). The Department approved AR-15 style platform

October 4, 2022
weapon system is designed to fire a .223/5.56 caliber projectile bullet. To effectively and accurately address the increasing level of firepower and body armor utilized by criminal suspects, the Richmond Police Department provides patrol rifles only to qualified patrol officers. Examples of some general guidelines for deploying the Patrol Rifle include:
a) An officer reasonably anticipates an armed encounter; b) An officer is faced with a situation that may require the delivery of accurate and effective fire at long range;
c) An officer reasonably expects the need to meet or exceed a suspect’s firepower;
d) An officer reasonably believes that there may be a need to deliver fire on a barricaded suspect or a suspect with a hostage;
e) An officer reasonably believes that a suspect may be wearing body armor; f) When authorized or requested by a supervisor; or
g) When needed to euthanize an animal

Diversion Devices (Flashbangs) – Diversion Devices (flashbangs) is a non-lethal noise/flash device that emits an extremely loud sound and bright light as a distraction. It is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.

Chemical Agents - Chemical agents are canisters or projectile rounds containing chemical agents that are released when deployed by specially trained officers.

Chemical agents are to be used exclusively by Special Response Team members.

During high-risk tactical incidents, chemical agents can be used to dislodge a suspect from a stronghold location with the least possible danger to citizens, police, and the suspect. Chemical agents can also be used to prevent an armed suspect from accurately firing at citizens and/or officers. They can also be used in limited instances during civil unrest when objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including the officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control.

Less Lethal Impact Devices & Kinetic Energy Projectiles – Less lethal devices are tools specifically used to launch impact rounds. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation. Only department-approved kinetic energy munitions shall be carried and deployed.

Approved munitions may be used to compel an individual to cease his/her actions when such munitions present a reasonable option. Circumstances appropriate for deployment include, but are not limited to, situations in which:
a) The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions;
b) The suspect has made credible threats to harm him/herself or others; c) The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers; or d) There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders.

October 4, 2022
Some other key provisions of the policy are summarized below:

Section 707.3 – Military Equipment Coordinator

The Chief of Police shall designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to: (a) acting as a liaison to the City Council for matters related to the requirements of this policy, (b) identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the City Council, (c) conducting an inventory of all military equipment at least annually, (d) collaborating with any allied agency that may use military equipment within the jurisdiction of Richmond Police Department, (e) preparing for, scheduling, and coordinating the annual community engagement meeting, (f) preparing the annual military equipment report for submission to the Chief of Police (prior to submission to the City Council) and ensuring the report is made available on the department’s website.

Section 707.8 – Community Engagement

Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Section 707.9 – Community Concerns and Complaints

Members of the public may register complaints or concerns or submit questions by any of the following means:

1. Email: [email protected]

2. In-person or mail: Richmond Police Department Attn: AB481 Coordinator 1701 Regatta Boulevard, Richmond, CA 94804

The Department is committed to responding to complaints, concerns, and/or questions received and should respond within ten business days of receiving the correspondence.

Any complaints shall be referred to the Community Police Review Commission as the independent oversight body. All instances of non-compliance with the policy will also be reported to the City Council via the annual military equipment report.

Section 707.10- Military Equipment Training:

All personnel of the Richmond Police Department are trained in compliance with California Peace Officer Standards & Training (POST) requirements before using any of the equipment that falls within the categories listed in AB 481. Some of the equipment is used exclusively by members of the specially-trained RPD Special Response Team (which includes the Special Weapons & Tactics team, Mobile Field Force, Aerial Scout Team, and the Crisis Negotiation Team), who receive additional specialized training.

October 4, 2022

707.11 – City Council Approval

The City Attorney and City Council will be notified in writing of any changes to the Policy.

All amendments to the Policy must be reviewed and approved by City Council.

Stakeholder Engagement/Outreach:

On April 11, 2022, the Police Department launched a new web page (viewable at https://www.ci.richmond.ca.us/4248/Assembly-Bill-AB-481---Military-Equipmen ) dedicated to AB 481. This webpage includes information regarding Assembly Bill 481, community engagement meetings, draft RPD Policy 707 and an inventory report detailing the Police Department’s current equipment.

The Richmond Police Department held the following Community Engagement meetings in compliance with AB 481:

1. August 31, 2022: City Council Chambers – Members of the Richmond Police Department met with the public for an in person presentation regarding AB 481. A PowerPoint presentation was provided along with an overview of the police department’s military equipment use policy and inventory.

2. September 21, 2022: Zoom meeting – Members of the Richmond Police Department held a community engagement meeting via Zoom. The police department provided a presentation regarding AB 481 and an overview of the department’s military equipment use policy and inventory. There were 40 registrants to the Zoom meeting and 19 questions/comments were answered or discussed. The community engagement meeting was recorded and uploaded on the City of Richmond’s YouTube page.

3. The Richmond Police Department also introduced a new email for comments, concerns, or questions regarding our equipment policy ([email protected]).

DOCUMENTS ATTACHED:

Attachment 1 – Ordinance
Attachment 2 – Richmond Police Department No. 707: “Military Equipment Use” Policy Attachment 3 – Military Equipment Inventory
Attachment 4 – Assembly Bill 481

1 ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND ADOPTING MILITARY EQUIPMENT USE POLICY NO. 707

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481”) now codified in California Government Code Sections 7070 through 7075, relating to the use of military equipment by law enforcement in California; and

WHEREAS, Government Code Section 7101(a)(1)(A-G) requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment; and

WHEREAS, Government Code Section 7101(a)(1) requires that the adoption of such ordinance occur at a regular City Council meeting held pursuant to open meeting laws; and

WHEREAS, the City Council has determined that the Policy complies with the requirements of AB 481 and that: (1) the identified military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; (2) the Policy will serve to safeguard the public’s welfare, safety, civil rights, and civil liberties; (3) in future instances in which equipment is to be purchased, the equipment will be reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and (4) any required corrective action has been taken to remedy use of military equipment inconsistent with the Policy and future compliance is ensured; and

WHEREAS, approval of the Policy authorizes funding, acquisition, and use of military equipment only as allowed by the Policy and requires annual reporting and approval in accordance with the Policy; and

WHEREAS, adoption of this Ordinance is not a project as defined by the California Environmental Quality Act (“CEQA”) because is an organizational or administrative activity that will result in direct in or indirect physical changes to the environment pursuant to CEQA Guidelines 15378(b)(5); and

THEREFORE, LET IT BE RESOLVED THAT NOW THE CITY COUNCIL OF THE CITY OF RICHMOND HEREBY ORDAINS AS FOLLOWS:

SECTION 1.

The City Council finds and determines to be in full force and effect the Recitals above and hereby incorporates them herein.

2 SECTION 2. RICHMOND POLICE DEPARTMENT POLICY 707: MILITARY

EQUIPMENT USE POLICY

The City Council hereby approves the City of Richmond Polic e Department Policy 707 entitled “Military Equipment Use Policy,” a copy of which is attached hereto and by this reference incorporated herein. A copy of the approved Policy 707 has been added to the City’s website for continuous access by the Council, staff and the public.

SECTION 3. SEVERABILITY CLAUSE

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

SECTION 4. NO CODIFICATION

This Ordinance shall not be codified in the Richmond Municipal Code.

SECTION 5. EFFECTIVE DATE

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

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Approved:

CLERK OF THE CITY OF RICHMOND (SEAL)

Mayor

3 Approved as to form:

City Attorney

Policy
707
Richmond Police Department
Richmond PD CA Policy Manual
Copyright Lexipol, LLC 2022/09/27, All Rights Reserved.

Published with permission by Richmond Police Department ***DRAFT*** Military Equipment Use Policy - 1 Military Equipment Use Policy
707.1 PURPOSE AND SCOPE
This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481 and establish guidelines for the funding, acquisition, use, and reporting requirements of "military equipment" as the term is defined in Government Code §7070. These obligations include but are not limited to seeking approval on specific items deemed by statute to be military equipment and requirements related to compliance, annual reporting, and complaints regarding these items. 707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing Body – The Richmond City Council.

Military Equipment – Shall have the same meaning as defined by California Government Code §7070, which includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions (e.g., 40MM launcher, bean bag shotgun, foam-tipped projectiles).

Richmond Police Department
Richmond PD CA Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2022/09/27, All Rights Reserved.

Published with permission by Richmond Police Department ***DRAFT*** Military Equipment Use Policy - 2 • Any other equipment as determined by a governing body or a state agency to require additional oversight.
707.2 POLICY
It is the policy of the Richmond Police Department that members of this department comply with the provisions of Government Code §7071 with respect to military equipment. Violations of this policy by member(s) of the Richmond Police Department will be investigated in accordance with the Department's Personnel Complaints policy.
707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police shall designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as a liaison to the City Council for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the City Council.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Richmond Police Department.
(e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police (prior to submission to the City Council) and ensuring the report is made available on the departmentwebsite.
707.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Richmond Police Department, as well as provides legal and procedural rules for use and training requirements.

Military Equipment Inventory
707.5 APPROVAL OF THIS POLICY
The Chief of Police or authorized designee shall obtain approval from the City Council by way of an ordinance approving the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the City Council, a public hearing is held, and the policy is available on the Department's website for at least 30 days prior to any public hearing concerning the military equipment at issue

Richmond Police Department
Richmond PD CA Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2022/09/27, All Rights Reserved.

Published with permission by Richmond Police Department ***DRAFT*** Military Equipment Use Policy - 3 (Government Code §7071). The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code §7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.

The City Council must be able to make the following findings in approving the Military Equipment Use policy as required by Government Code §7071(d)(1) in order to use military equipment:
(a) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (b) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
(c) If purchasing the equipment, the equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (d) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
707.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.
707.7 MILITARY EQUIPMENT ANNUAL REPORT
Upon approval of this military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the City Council for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment

Richmond Police Department
Richmond PD CA Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2022/09/27, All Rights Reserved.

Published with permission by Richmond Police Department ***DRAFT*** Military Equipment Use Policy - 4 is available for use (Government Code § 7072). In considering the annual report and ordinance annually, the City Council needs to consider whether it can continue to make the findings in California Government Code §7071(d)(1).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 707.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
707.9 COMMUNITY CONCERNS AND COMPLAINTS
Pursuant to Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions by any of the following means:

1. Email: [email protected]

2. In-person or mail:

Richmond Police Department
Attn: AB481 Coordinator
1701 Regatta Boulevard, Richmond, CA 94804
The Department is committed to responding to complaints, concerns, and/or questions received and should respond within ten business days of receiving the correspondence. Any complaints shall be referred to the Community Police Review Commission as the independent oversight body.

All instances of non-compliance with the policy will also be reported to the City Council via the annual military equipment report.
707.10 MILITARY EQUIPMENT TRAINING
Military equipment shall only be used after applicable training, including any course required by the Commission on Peace Officer Standards and Training (P.O.S.T.), has been completed unless exigent circumstances exist.
707.11 CITY COUNCIL APPROVAL
Pursuant to California Government Code §7071, the City Council of Richmond approved this Policy pursuant to Ordinance ### on October 4, 2022. The City Attorney and City Council should be notified in writing of any changes to this policy. All amendments to the policy must be reviewed and approved by City Council.

Richmond Police Department
Richmond PD CA Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2022/09/27, All Rights Reserved.

Published with permission by Richmond Police Department ***DRAFT*** Military Equipment Use Policy - 5 707.12 COMPLIANCE
The Department's AB481 Coordinator will ensure that Department members comply with this policy. The AB481 Coordinator will conduct an annual audit with assistance from members of the Office of Professional Accountability. Any violations will be referred to the Office of the Chief of Police and handled in accordance with the Department's Personnel Complaints policy. All instances of non-compliance will be reported to the City Council via the annual military equipment report.

Richmond Police Department

MILITARY EQUIPMENT INVENTORY

| September 12, 2022

PAGE 1
Background

Assembly Bill 481 was adopted by the California Legislature and approved by Governor Gavin Newsom in September 2021. It went into effect on January 1, 2022. AB 481 is designed to increase community awareness and oversight over the possession and use by local police departments of certain types of equipment that AB 481 labels as “military” equipment. It requires the City Council to provide both authorization and oversight of the equipment used.

The law, codified in California Government Code sections 7070 through 7075, requires law enforcement agencies to produce a military equipment use policy that identifies and describes: each type of military equipment; its authorized use; fiscal impact; rules/laws that govern use of such equipment; training required; and mechanisms to ensure compliance with the policy. (See Gov. Code section 7070(d)). The City Council is required to approve the policy for the Department to continue using this equipment.

Additionally, the law requires an annual report and annual review by the governing body for continued use of the equipment. AB 481 requires every local law enforcement agency in California to post its proposed military equipment use policy no later than May 1, 2022. The law also requires at least a 30-day period for public comment on the proposed policy before the governing body discusses the proposed policy in a public meeting.

Police agencies across the state have developed similar policies to comply with this new law. The Department’s proposed policy describes the equipment that has already been in the Department’s possession. The Department does not possess any equipment that is atypical for the region.

The City of Richmond possesses fewer types of this equipment than many other Bay Area agencies.

PAGE 2
Definitions

Pursuant to AB-481, the following definitions are applicable only to the Department’s current military equipment inventory and potential future military equipment acquisitions for operational needs. (For a more detailed list, refer to Government Code section 7070, for “military equipment” as defined within the Assembly Bill.)

“Governing body” means the Richmond City Council and Mayor.

“Military equipment” means the following:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

This definition applies to the Department’s inventory of small Unmanned Aircraft Systems (sUAS) and SWAT robots.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. (Not applicable to the Richmond Police Department)

3. High mobility multipurpose wheeled vehicles (HMMWV), 2 ½, ton trucks, five-ton trucks, or wheeled vehicles that have breaching or entry apparatus attached. (Not applicable to the Richmond Police Department)

4. Tracked armored vehicles that provide ballistic protection to their occupants (Not applicable to the Richmond Police Department)

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (Mobile Command Vehicle)

6. Weaponized aircraft, vessels, or vehicles of any kind. (Not applicable to the Richmond Police Department)

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram. (Breaching Shotguns)

PAGE 3

8. Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition. (Not applicable to the Richmond Police Department)

9. Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code 30510 and Penal Code 30515, with exception of standard-issue firearms.

10. Any firearm or firearm accessory that is designed to launch explosive projectiles. (Not applicable to the Richmond Police Department)

11. Noise-flash diversionary devices and explosive breaching tools.

12. Munitions containing tear gas or OC, excluding standard, service- issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and long range acoustic devices also known as LRADs. (Not applicable to the Richmond Police Department)

14. Kinetic energy weapons and munitions to include 40mm launcher, beanbag shotgun, foam-tipped projectiles.

15. Any other equipment as determined by a governing body (Richmond City Council) or a state agency to require additional oversight. (Not applicable to the Richmond Police Department)

PAGE 4
Military Equipment Use Policy

Military equipment use policy means a publicly released, written document governing the use of military equipment by the Department that addresses, at a minimum, all of the following:

1. A description of each type of military equipment, the quantity sought its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.

2. The purposes and authorized uses for which the Department proposes to use each type of military equipment.

3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any sworn member is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.

6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the Department will ensure that each complaint, concern, or question receives a response in a timely manner.

PAGE 5
Military Equipment Inventory

The inventory of military equipment, particularly consumable material (ammunition, diversionary devices, extended range impact munitions, etc.) fluctuates regularly. This is based on a variety of factors including but not limited to operational usage, operational deterioration, training, maintenance, expirations, and replenishment guidelines.

The following are various types, descriptions, and guidelines for usage of military equipment currently employed by the Richmond Police Department:

TACTICAL ROBOT
Equipment Type: Small unmanned tracked robot of any type that is capable le of being remotely controlled as well as all of the supporting or attached systems designed for gathering information through imaging, recording or by any other means.

Quantity Owned: One (1) Lifespan: Approximately 5-7 Years Equipment Capabilities: Can support first responders in any hazardous incident, which would benefit from a ground level perspective. These uses could include barricaded suspects or high-risk tactical operations, disasters response, and use in crawl spaces or confined isolated areas to assist in searches for suspects or evidence.

Manufacturer Product Description: Small throwable reconnaissance robot designed and manufactured by Recon Robotics, is for use in law enforcement and military applications. The robot can be used by Law Enforcement First Responders, dismounted patrols, special weapons and tactics (SWAT) and other special operations teams.

Purpose: Used to remotely gain visual and audio data, open doors, and clear buildings.

Uses: The small-unmanned tracked robot is authorized for use during critical incidents.

Only assigned S.W.A.T. operators who have been trained shall be permitted to operate the small-unmanned tracked robot. Use is established by the S.W.A.T team commander, and or Incident Commander.

Fiscal Impact: Initial Cost $7,500 Annual Maintenance Cost: $0 Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department to utilize the robot only for official law enforcement purposes, and in a manner, that respects the privacy of our community, pursuant to State and Federal law.

Training Required: S.W.A.T. officers authorized to operate tracked robots are required to successfully complete SWAT Basic school and are subject to practical application training in the use of the robot. Additionally, SWAT Officers regularly train on safe robot deployment in a variety of operational settings.

Other Notes: Recon Robotics Recon Scout

PAGE 6

UNMANNED AERIAL SYSTEMS (UAS)
Equipment Type: An unmanned aircraft of any type that is capable of sustaining directed flight, whether pre-programmed or remotely controlled, and all of the supporting or attached systems designed for gathering information through imaging, recording or by any other means.

Quantity Owned: Eight (8) Lifespan: Approximately 3-5 Years Equipment Capabilities: Small Unmanned Aerial System (UAS) is an unmanned aircraft of any type that is capable of sustaining directed flight, whether pre- programmed or remotely controlled, and all of the supporting or attached systems designed for gathering information through imaging, recording or by any other means.

Manufacturer Product Description:

DJI INSPIRE – Small Unmanned Aerial System (UAS) is an unmanned aircraft of any type that is capable of sustaining directed flight, whether pre-programmed or remotely controlled, and all of the supporting or attached systems designed for gathering information through imaging, recording or by any other means.

QUANTITY – 1 (One)
INITIAL COST – $11,000

DJI Matrice 210 – Equipped with both an aerial zoom and thermal camera, first responders can now quickly locate missing people in remote areas and plan the safest approach path.

QUANTITY – 1 (One)
INITIAL COST – $16,000

DJI Mavic Pro M1P – The Mavic is smaller, lighter, and easier to carry with you thanks to its foldable design. Its new OcuSync transmission system has a longer transmission range and 1080p resolution. Due to its larger size, the Phantom 4 has a higher maximum speed and can withstand stronger winds.

QUANTITY – 1 (One)
INITIAL COST – Donated

DJI Mini 2 – The Mini 2 can resist 29-38kph winds and take off at a max altitude of 4,000 meters, so your footage is stable even when flying along a windy coastline or high above an alpine forest. With a max battery life of 31 minutes, DJI Mini 2 grants more than enough time to compose the perfect shot.

QUANTITY – 2 (Two)
INITIAL COST – $550 x 2

DJI Mavic Enterprise DUAL – Integrated Radiometric FLIR Thermal Sensor with adjustable parameters for emissivity and reflective surfaces.

QUANTITY – 2 (Two)
INTITIAL COST – $3,338 x 2

DJI Mavic 2 Enterprise ADVANCED – A highly versatile yet compact tool that packs a whole lot of performance upgrades. With high-resolution thermal and visual cameras, the M2EA supports up to 32 times digital zoom and is capable of centimeter-level positioning accuracy with the RTK module.

QUANTITY – 1 (One)
INITIAL COST – $7,300

PAGE 7
Purpose: UAS can support first responders in any hazardous incident, which would benefit from an aerial perspective. These uses could include search and rescue, barricaded suspects or high-risk tactical operations, disaster response, and video and photographic documentation of crime scenes.

Uses: Only authorized operators who have completed the required training shall be permitted to operate the UAS.

1. All flights will be approved in advance by a lieutenant and in the absence of management personnel; the sergeant will have the authority to approve missions.

2. All flights will be documented on the mission dispatch form designed for the purpose and all flight time shall be accounted for on the form. The reason for the flight and type of mission as specified and the name of the police manager or supervisor approving the mission will also be documented.

3. The manager or supervisor approving any flight missions, UAS operators and observers will consider the protection of individual civil rights and the reasonable expectation of privacy as a key component of any decision made to deploy the UAS.

Each UAS operator and observer will ensure that the operation of the UAS is consistent with local, state, and federal laws.

4. The use of the UAS will be limited to the authorized missions described herein. The authorized missions for the RPD UAS are:
• Post-incident crime scene preservation and documentation • Explosive Ordinance Disposal (EOD) missions
• Response to hazardous materials spills
• Search and Rescue (SAR) missions defined in California Government Code Section 26614 Public safety and life preservation missions to include barricaded suspects, hostage situations, civil unrest incidents, active shooters, apprehension of armed and dangerous and/or violent fleeing suspects, and high-risk search warrants • Disaster response and recovery to include natural or human caused disasters including a full overview of a disaster area for post-incident analysis and documentation
• Training missions
• In response to specific requests from local, state, or federal fire authorities for fire response and prevention
• When there is probable cause to believe that (1) the UAS will record images of a place, thing, condition, or event; and (2) that those images would be relevant to proving that a certain felony had occurred or is occurring, or that a particular person committed or is committing a certain felony and the use of the UAS does not infringe upon the reasonable expectation of privacy
• Pursuant to a search warrant
Fiscal Impact: Initial Cost $550 - $16,000 Annual Maintenance Cost: $2,500 Legal/Procedural Rules Governing Use: Use is established under FAA Regulation 14 CFR Part 107. It is the policy of the Richmond Police Department to utilize UAS only for official law enforcement purposes, and in a manner, that respects the privacy of our community, pursuant to State and Federal law.

Training Required: All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend department training to maintain proficiency and an active FAA license.

PAGE 8

MOBILE COMMAND CENTER
Equipment Type: Completely self-contained command posts designed to provide the Incident Commander with a mobile base of operation. Some major incidents engender special management challenges and require an on-site incident command structure to assist senior personnel in addressing the circumstance presented by the incident.

Quantity Owned: 1 (One) Lifespan: The EVI Spartan Mobile Command Center was purchased in 2013
and has a 20-year lifespan on chassis and
vehicle structure. Upgrades will be needed
in time to maintain IT systems.

Equipment Capabilities: This vehicle is designed to be a stand-alone mobile command post for large-scale critical incidents or natural disasters.

Manufacturer Product Description: 2012 EVI Spartan is a 40-foot non-armored vehicle used as an Incident Command Post for preplanned events or unplanned critical incidents. As a mobile base of operation, these vehicles contain specialized command, control, and communications equipment to assist with various missions.

Purpose: The Mobile Command Center is a vital component to the police mission when major emergencies, natural and man-made disasters or special events in the community trigger the mobilization and coordination of significant resources in the field. Its primary use is to facilitate the management and coordination of personnel, communications, and equipment resources at complex incidents.

Uses: Instances that require the mobilization and coordination of significant resources in the field. Its primary use is to facilitate the management and coordination of personnel, communications, and equipment resources at complex incidents. It is the policy of the Richmond Police Department to have the Mobile Command Center ready and available for use at any emergency, special operation, special event, or other function requiring the use of an on scene incident command post.

Fiscal Impact: Initial Cost $402,152.52 Annual Maintenance Cost: $3,000 Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department to use the mobile command vehicles only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

Training Required: The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle throughout the city.

Authorized drivers will possess a valid Class B California Driver license with an airbrake endorsement and complete requisite training on the operation of the MCC and its systems.

PAGE 9

BREACHING SHOTGUN & PROJECTILES
Equipment Type: Remington 870 Breaching Shotgun and TESAR Breaching Rounds Quantity Owned:

Shotguns - 2 (Two)
Lifespan:
25 years or dependent on operational usage
Breaching Rounds - 300 Approximately 5 Years
Equipment Capabilities: This weapon allows breachers to safely utilize shotgun- breaching rounds in order to destroy deadbolts, locks, and hinges. The standoff that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. This weapon can also defeat windows and sliding glass doors with a flash bang round.

Manufacturer Product Description:

Remington 870 Police Magnum – Pump-action shotgun is a rugged 12gauge with a short, tactical 14” barrel backed by a stout 3” chamber.

TESAR 2 Breaching Rounds – Black Cap 2-3/4” 425 Grain Compressed Copper Frangible 12 Ga Shotgun Slug.

TESAR 1 Breaching Rounds – Orange Cap 2-3/4” 275 Grain Compressed Copper Frangible 12 Ga Shotgun Slug.

Purpose: Shotgun breaching, the use of a breaching shotgun to affect a breach, can be an effective option in SWAT Unit tactics. An effective breach is a design where the least amount of breaching shotgun rounds are used and still accomplishes its goal. An effective shotgun breach can defeat fortified doors and locks.

Uses: Circumstances for the use of shotgun breaching shall include, but not limited to:

1. Barricaded suspect and/or hostage situations.

2. High-risk warrant services

3. In order to distract a violent person, mentally deranged person or persons believed to be under the influence of alcohol/drugs and necessary to facilitate apprehension.

4. When the SRT Commander or SWAT Commander deems their use necessary to safely resolve an incident.

Fiscal Impact:

Breaching Shotguns - Initial Cost $550
(Each)

Breaching Rounds – Initial Cost $2,000
Annual Maintenance Cost:
$100

$500
Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.

Training Required: SWAT Officers that are trained in the use of breaching shotguns must successfully complete a SWAT Breaching course or in-house training from a breaching instructor. Furthermore, SWAT Officers must undergo live fire proficiency training in its application.

PAGE 10

PATROL RIFLES & AMMUNTION
Equipment Type: A semi-automatic shoulder-fired long gun that fires a rifle caliber cartridge. The Department-approved AR-15 style (Colt M4) weapon system is designed to fire a .223/5.56 caliber projectile.

Quantity Owned:

Rifles - 98 (Ninety-eight) total

.223 Ammunition – 10,000 Rounds

.308 Ammunition – 2,000 Rounds
Lifespan:

15+ Years

Varies

Varies
Equipment Capabilities:

The rifle caliber carbine provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Additionally, patrol rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation.

.223 Ammunition - Operational Range from 0-500 yards

.308 Ammunition - Operational Range from 0-1000 yards
Manufacturer Product Description:

COLT M4 Carbine / Patrol Rifle– This carbine provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Colt’s reliability, performance and accuracy provide officers the confidence required to accomplish any mission.

QUANTITY: 50
INITIAL COST: $895 each

COLT M4 / M16 A2E / (Exclusive to trained SWAT operators) – The SWAT M4 rifle provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Additionally, rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation.

QUANTITY: 13
INITIAL COST: $1,025 each

COLT Commando / (Exclusive to trained SWAT operators) – The Colt Commando is a very short variant of the M16A1 assault rifle. The dimensions and shorter effective range make more akin to a sub machine gun than an assault rifle.

QUANTITY: 2
INITIAL COST: $1,199 each

DPMS M-160 / (Exclusive to trained SWAT operators) – The DMPS is a very short variant of the M16A1 assault rifle. The dimensions and shorter effective range make more akin to a sub machine gun than an assault rifle.

QUANTITY: 5
INITIAL COST: $1,199 each

PAGE 11
COLT M16 A2 / (Exclusive to trained SWAT operators) – The Colt M16 A2 is a very short variant of the M16A1 assault rifle. The dimensions and shorter effective range make more akin to a sub machine gun than an assault rifle.

QUANTITY: 2
INITIAL COST: $1,199 each

COLT AR-15 Match Target Competition Rifle – This rifle is a Colt Match Target (flattop) with 16″ heavy barrel with 1 in 9 twist. It has a removable handle so that a scope or optical site can be easily mounted. It comes with match rear sights and regular front site.

QUANTITY: 8
INITIAL COST: $1,199 each

H&K MP5 (Exclusive to trained SWAT operators) – Tremendously reliable, with maximum safety for the user, easy to handle, modular, extremely accurate and extraordinarily easy to control when firing.

QUANTITY: 17
INITIAL COST: $965 each

H&R Arms M14 – Weapon is decommissioned
QUANTITY: 1
INITIAL COST: N/A

Gold Dot Soft Point 55 or 62 grain .223 & Federal / Winchester 55 grain FJM .223 - Only ammunition that meet RPD specifications, approved by the Chief of Police, and issued by the Department may be used by officers in their law enforcement responsibilities.

INITIAL COST: $358 per 1,000 rounds
ANNUAL COST: $8,000

Federal Tactical Tru 168 grain .308 & Federal Tactical Bonded Tip 168 grain .308 (Exclusive to trained SWAT operators) - Federal Cartridge .308 Win Tactical Bonded Tip 168 Grain Duty Ammunition is made exclusively for law enforcement and achieves accuracy and terminal performance unmatched by any other ammunition. Designed to defeat the toughest barriers with minimal deflection, Tactical Bonded Tip ammo has quickly become the choice for some of the most intense conditions.

INITIAL COST: $450 per 500 rounds
ANNUAL COST: $2,000
Purpose: In order to more effectively and accurately address the increasing level of firepower and body armor utilized by criminal suspects, the Richmond Police Department (RPD) will make patrol rifles available to qualified patrol officers as an additional and more immediate tactical resource.

Uses: Officers may deploy the rifles in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the Patrol Rifle may include, but are not limited to:
a) Situations where the officer reasonably anticipates an armed encounter

b) When an officer is faced with a situation that may require the delivery of accurate and effective fire at long range

c) Situations where an officer reasonably expects the need to meet or exceed a suspect’s firepower

PAGE 12

d) When an officer reasonably believes that there may be a need to deliver fire on a barricaded suspect or a suspect with a hostage

e) When an officer reasonably believes that a suspect may be wearing body armor

f) When authorized or requested by a supervisor

g) When needed to euthanize an animal

Fiscal Impact: Listed above Annual Maintenance Cost: $250 Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

Training Required: Officers shall not carry or use the patrol rifle unless they have successfully completed departmental training. This training shall consist of an initial 40- hour patrol rifle user's course and qualification score with a certified patrol rifle instructor. Officers shall thereafter be required to successfully complete quarterly training and qualification conducted by certified patrol rifle instructors.

Other Notes:

PAGE 13
DIVERSION DEVICES (Flashbangs)
Equipment Type: Canisters that emit a loud noise and bright light Quantity Owned: 150 (One hundred-
fifty)
Lifespan: 5 Years
Equipment Capabilities: Diversionary Devices are capable of releasing large amounts of stored energy in the form of heat, light, pressure, and noise. They are intended to temporarily distract, confuse, and disorient subjects. They can also be used as “attention- getting” devices. Light Level 6 – 8 million Candelas Light Duration 10 milliseconds.

Manufacturer Product Description: This compact version of the 8933 Low Roll body is the newest version of the original reusable non-bursting canister that limits movement and rolling once deployed. The compact Distraction Device unit packs all the power of the full size 12-Gram Distraction Device unit.

Purpose: A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term physiological/psychological sensory deprivation to give officers a tactical advantage.

Uses: Generally, flash/sound diversionary devices may be considered whenever the use of a less lethal diversion would help facilitate entry, enabling arrest and potentially reducing the risk of injury by disorientation of potentially dangerous suspects and/or animals.

B. Circumstances for the use of flash/sound diversionary devices shall include, but not limited to:

1. Barricaded suspect and/or hostage situations.

2. High-risk warrant services.

3. In order to distract a violent person, mentally deranged persons or persons believed to be under the influence of alcohol/drugs and necessary to facilitate apprehension.

4. Disperse potentially violent animals.

5. When the SRT Commander or SWAT Commander deems their use necessary to safely resolve an incident.

Fiscal Impact: Initial Cost $6,800 per 120
devices
Annual Maintenance Cost: $0
Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department’s policy to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

Training Required: Diversionary Device Trainers must successfully complete a Diversionary Device Course that has been approved by the SWAT Commander.

Diversionary Device Trainers are responsible for maintaining and updating the SWAT Team's training and qualification as they pertain to the deployment of diversionary devices.

Diversionary Device Trainers will attend at least one course related to diversionary devices every three years for updating training and maintenance of their training skills.

Other Notes:

PAGE 14

CHEMICAL AGENTS
Equipment Type: Canisters or projectile rounds containing chemical agents that are released when deployed
Quantity Owned: 675 Lifespan: 5 Years
Equipment Capabilities: Depending on the delivery method, chemical agents are capable of being introduced in close proximity or from a distance. Depending on the type of delivery system and/or quantity, chemical agents can be used to saturate individual suspects, violent crowds, or areas of varied size.

Manufacturer Product Description: Examples of chemical agents include CN, CS and OC. Delivery methods include Ferret rounds, blast dispersion rounds/canisters, burning canisters and barricade penetrating rounds.

Defense Tech SPEDE-HEAT – Pyro Burning CS gas
Canister

Quantity: 10

Defense Tech HAN-BALL – Pyro Burning CS gas

Quantity: 20

Defense Tech Flameless Tri-Chamber – Pyro Internal
Burn CS gas

Quantity: 10

CTS Indoor 5230B – Pyro Indoor Safe CS gas with dense
cardboard to prevent heat/outside flame

Quantity: 25

Defense Tech Aerosol Vapor – Non-Pyro OC gas

Quantity: 25

Defense Tech Maximum Smoke – Pyro high volume
white smoke

Quantity: 10

CTS 40mm Liquid Ferret Rounds – Non-Pyro CS gas
Launchable Munition with instantons delivery once
ruptured

Quantity: 100

Defense Tech 40mm Direct Impact OC – Direct impact
OC gas

Quantity: 100

Pepperball – Pepper ball live projectiles .2% PAVA Quantity: 375 Purpose: Chemical agents are to be used exclusively by SRT team members. Generally, during high-risk tactical incidents chemical agents can be used to dislodge a suspect from a stronghold location with the least possible danger to citizens, police, and the suspect. Chemical agents can also be used to prevent an armed suspect from accurately firing at citizens and/or officers. They can also be used in limited instances during civil unrest when objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including the officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control.

Uses: The deployment of chemical agents is a tactical option that may be selected with the goal of protecting life and property and/or restoration of order. It is considered a "use of force" option and should be applied consistent with the RPD use of force policy.

Chemical agents may be deployed to incapacitate dangerous or hostile subjects, unruly persons, or to overcome resistance to lawful law enforcement actions.

PAGE 15
Fiscal Impact: Initial Cost $5,000 Annual Maintenance Cost: $3,000 Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Training Required: Only personnel trained and having shown proficiency in the use of any control device are authorized to carry the device. Proficiency training must be conducted and documented by a Department approved instructor.

LESS LETHAL IMPACT DEVICES & KINETIC ENERGY

PROJECTILES
Equipment Type: Less than lethal tool to launch impact rounds Quantity Owned:

Less lethal impact devices: (35) Thirty-five

Kinetic energy projectiles: 700
Lifespan:

10 Years and dependent on operational
usage

5 Years
Manufacturer Product Description, Capabilities, Quantity, Cost:

Remington 870 Bean Bag Shotgun – Beanbag shotguns are capable of firing a 12-gauge beanbag round with a maximum effective range of sixty feet.

QUANTITY: 17
INITIAL COSTS: $550

Remington 870 Chemical Shotgun (Exclusive to trained SWAT operators) – Beanbag shotguns are capable of firing a 12-gauge beanbag round with a maximum effective range of sixty feet.

QUANTITY: 2
INITIAL COSTS: $550

Penn Arms 40mm, 6-cylnder Pump Multi-Launcher – Capable of firing a variety of munitions with a maximum effective range of 120 feet. The launchers can deliver munitions in the form of chemical agents, sponge baton rounds, or combined QUANTITY: 3
INITIAL COSTS: $1,531 each

Penn Arms 40mm, single-shot launcher – Capable of firing a variety of munitions with a maximum effective range of 120 feet. 40mm launchers can deliver 40mm munitions in the form of chemical agents, sponge baton rounds, or combined QUANTITY: 7
INITIAL COSTS: $1,302 each

FN 303 Launcher – The lightweight polymer magazine holds 15 projectiles and offers a clear rear cover to allow the operator to instantly verify both the payload type and the number of projectiles remaining
QUANTITY: 4
INITIAL COSTS: $1,299 each

PAGE 16
Federal Laboratories 37mm – The long range projectile has a 150 yard range (Decommissioned)
QUANTITY: 2
INITIAL COSTS: $299 each

Defense Tech 40mm Exact Impact Round -
6325 – Safe Range 5 ft – 131 ft; 325 fps
6325-A (Marking) – Safe Range Open 5 Ft – 131 Ft 315 fps Closed 131 Ft – 230 Ft; 425 fps
QUANTITY: 150
INITIAL COST: $3,000

Defense Tech 12 gauge Bean Bag – Drag Stabilized round / Safe Range 20 ft – 75 ft, 270 fps, tear shaped bag filled with #9 shot
QUANTITY: 250
INITIAL COST: $1,000

CTS 12 gauge Bean Bag – Super-sock round / Effective Range up to 75 ft, 270-290 fps, shot filled ballistic fiber
QUANTITY: 300
INITIAL COST: $1,200

Purpose: This department is committed to reducing the potential for violent confrontations. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation. Only department-approved kinetic energy munitions shall be carried and deployed. Approved munitions may be used to compel an individual to cease his/her actions when such munitions present a reasonable option. Officers are not required or compelled to use approved munitions in lieu of other reasonable tactics if the involved officer determines that deployment of these munitions cannot be done safely.

Uses: The safety of hostages, innocent persons and officers takes priority over the safety of subjects engaged in criminal or suicidal behavior. Circumstances appropriate for deployment include, but are not limited to, situations in which:
(a) The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
(b) The suspect has made credible threats to harm him/herself or others. (c) The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
(d) There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders.

Fiscal Impact: Initial cost Listed above Annual Maintenance Cost: $0 Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department to utilize the less lethal impact devices only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Training Required: Only personnel trained and having shown proficiency in the use of any control device are authorized to carry the device. Proficiency training must be conducted and documented by a Department approved instructor.

Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distrib ution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agenc y, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.

Existing federal law authorizes the Department of Defense to transfer surplus personal property , including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill w ould require a la w enforcement agenc y, defined to include specified entities, to obtain appro val of the applicable go verning body, by adoption of a military equipment use polic y, as specified, by ordinance at a regular meeting held pursuant to specified open meeting la ws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the go verning body to appro ve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill w ould require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use polic y if it determines, based on an annual military equipment report prepared by the law enforcement agency, as pro vided, that the military equipment does not comply with the above-described standards for appro val. The bill w ould specify these provisions do not preclude a county or local municipality from implementing

92 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL

additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agenc y’s internet website, and pro vide a cop y of the polic y to the Governor or the Go vernor’s designee, as specified. The bill w ould also require a state agenc y that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill w ould impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts la ws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:
(a)  The acquisition of military equipment and its deplo yment in our communities adversely impacts the public’s safety and welf are, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deplo yed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are e xperienced most acutely in mar ginalized communities.
(b)  The public has a right to know about any funding, acquisition, or use of military equipment by state or local go vernment officials, as well as a right to participate in an y government agency’s decision to fund, acquire, or use such equipment.
(c)  Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and ci vil liberties, and should be based on meaningful public input.
92 — 2 — Ch. 406

(d)  Legally enforceable safe guards, including transparenc y, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e)  The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police ha ve with the community , which can be undermined when la w enforcement is seen as an occup ying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

Chapter 12.8. Funding, Acquisition, and Use of Military Equipment
7070. For purposes of this chapter, the following definitions shall apply:
(a)  “Governing body” means the elected body that o versees a la w enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a la w enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b)  “Law enforcement agency” means any of the following:
(1)  A police department, including the police department of a transit agency, school district, or an y campus of the University of California, the California State University, or California Community Colleges. (2)  A sheriff’s department.
(3)  A district attorney’s office.
(4)  A county probation department.
(c)  “Military equipment” means the following:
(1)  Unmanned, remotely piloted, powered aerial or ground vehicles. (2)  Mine-resistant amb ush-protected (MRAP) v ehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3)  High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humv ees, two and one-half-ton trucks, fiv e-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain v ehicles (A TVs) and motorized dirt bik es are specifically excluded from this subdivision.
(4)  Tracked armored v ehicles that pro vide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5)  Command and control v ehicles that are either b uilt or modified to facilitate the operational control and direction of public safety units. (6)  Weaponized aircraft, vessels, or vehicles of any kind. (7)  Battering rams, slugs, and breaching apparatuses that are e xplosive in nature. However, items designed to remove a lock, such as bolt cutters, 92 Ch. 406 — 3 —

or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8)  Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9)  Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10)  Specialized firearms and ammunition of less than .50 caliber , including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the e xception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11)  Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12)  “Flashbang” grenades and e xplosive breaching tools, “tear g as,” and “pepper balls, ” e xcluding standard, service-issued handheld pepper spray.
(13)  Taser Shockw ave, micro wave weapons, w ater cannons, and the Long Range Acoustic Device (LRAD).
(14)  The follo wing projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag, ” rubber b ullet, and specialty impact munition (SIM) weapons.
(15)  Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16)  Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d)  “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a la w enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1)  A description of each type of military equipment, the quantity sought, its capabilities, e xpected lifespan, and product descriptions from the manufacturer of the military equipment.
(2)  The purposes and authorized uses for which the la w enforcement agency or the state agency proposes to use each type of military equipment. (3)  The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4)  The legal and procedural rules that govern each authorized use. (5)  The training, including an y course required by the Commission on Peace Officer Standards and Training, that must be completed before an y officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6)  The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 — 4 — Ch. 406

authority, and, if applicable, what le gally enforceable sanctions are put in place for violations of the policy.
(7)  For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and ho w the la w enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e)  “State agency” means the la w enforcement di vision of e very state office, officer, department, division, bureau, board, and commission or other state body or agenc y, e xcept those agencies pro vided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f)  “Type” means each item that shares the same manuf acturer model number.
7071. (a)  (1)  A law enforcement agency shall obtain appro val of the governing body, by an ordinance adopting a military equipment use policy at a re gular meeting of the go verning body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of P art 1 of Di vision 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of P art 1 of Division 2 of Title 5), as applicable, prior to eng aging in an y of the following:
(A)  Requesting military equipment made a vailable pursuant to Section 2576a of Title 10 of the United States Code.
(B)  Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting pri vate, local, state, or federal funds, in-kind donations, or other donations or transfers. (C)  Acquiring military equipment either permanently or temporarily , including by borrowing or leasing.
(D)  Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E)  Using any new or e xisting military equipment for a purpose, in a manner, or by a person not pre viously approved by the go verning body pursuant to this chapter.
(F)  Soliciting or responding to a proposal for , or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G)  Acquiring military equipment through an y means not pro vided by this paragraph.
(2)  No later than May 1, 2022, a la w enforcement agenc y seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the go verning body does not appro ve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use polic y submitted pursuant to subdi vision (b), within 180 days of submission of the proposed military equipment use policy to the go verning body, the la w enforcement agenc y shall cease its use of 92 Ch. 406 — 5 —

the military equipment until it receives the approval of the governing body in accordance with this section.
(b)  In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and mak e those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c)  The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a re gular meeting and provide for public comment in accordance with the Bagle y-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Di vision 3 of Title 2) or the Ralph M. Bro wn Act (Chapter 9 (commencing with Section 54950) of P art 1 of Di vision 2 of Title 5), as applicable.
(d)  (1)  The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A)  The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B)  The proposed military equipment use polic y will safe guard the public’s welfare, safety, civil rights, and civil liberties. (C)  If purchasing the equipment, the equipment is reasonably cost effective compared to a vailable alternati ves that can achie ve the same objective of officer and civilian safety.
(D)  Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2)  In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e)  (1)  The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to rene w the ordinance at a re gular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of P art 1 of Di vision 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of P art 1 of Division 2 of Title 5), as applicable.
(2)  The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for appro val set forth in subdi vision (d). If the go verning body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 — 6 — Ch. 406

to the military equipment use policy in a manner that will resolve the lack of compliance.
(f)  Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for la w enforcement services, the city shall ha ve the authority to adopt a military equipment use policy based on local community needs.
7072. (a)  A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the follo wing information for the immediately preceding calendar year for each type of military equipment:
(1)  A summary of how the military equipment was used and the purpose of its use.
(2)  A summary of any complaints or concerns recei ved concerning the military equipment.
(3)  The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4)  The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year follo wing submission of the annual military equipment report.
(5)  The quantity possessed for each type of military equipment. (6)  If the law enforcement agency intends to acquire additional military equipment in the ne xt year, the quantity sought for each type of military equipment.
(b)  Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and con veniently located community engagement meeting, at which the general public may discuss and ask questions re garding the annual military equipment report and the la w enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a)  A state agency shall create a military equipment use polic y prior to engaging in any of the following:
(1)  Requesting military equipment made a vailable pursuant to Section 2576a of Title 10 of the United States Code.
(2)  Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting pri vate, local, state, or federal funds, in-kind donations, or other donations or transfers. (3)  Acquiring military equipment either permanently or temporarily , including by borrowing or leasing.
92 Ch. 406 — 7 —

(4)  Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5)  Using any new or e xisting military equipment for a purpose, in a manner, or by a person not pre viously approved by the go verning body pursuant to this chapter.
(6)  Soliciting or responding to a proposal for , or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7)  Acquiring military equipment through an y means not pro vided by this subdivision.
(b)  No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c)  A state agenc y that is required to create a military equipment use policy pursuant to this section shall do both of the follo wing within 180 days of completing the policy:
(1)  Publish the military equipment use polic y on the agenc y’s internet website.
(2)  Provide a copy of the military equipment use policy to the Governor or the Governor’s designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of state wide concern rather than a municipal af fair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede an y inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further e xposes that activity to public scrutin y and enhances public access to information concerning the conduct of the people’s business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agenc y or school district under this act w ould 92 — 8 — Ch. 406

result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

O
92 Ch. 406 — 9 —

October 4, 2022

Public Works

DATE: October 4, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Joe Leach, PE, Director of Public Works
Greg Hardesty, Parks & Landscaping Superintendent
Subject:

ECIA Urban Greening Budget Amendment
FINANCIAL IMPACT: The proposed $100,000 budget amendment will appropriate the ECIA Urban Greening Budget using the
fund balance. 11733631-400201-2A1GA

PREVIOUS COUNCIL
ACTION:

July 22, 2021

STATEMENT OF THE
ISSUE:

Public Works staff is requesting the City Council approve a budget amendment to increase the Environmental and
Community Investment Agreement (ECIA) Urban
Greening budget.

RECOMMENDED ACTION: ADOPT a resolution to APPROPRIATE the Environmental and Community Investment Agreement
(ECIA) Urban Greening budget in the amount of
$100,000 using the fund balance - Public Works
Department (Greg Hardesty 510-620-6920).

AGENDA
REPORT

October 4, 2022
DISCUSSION:

On July 22, 2021, the City Council authorized execution of a 3-year contract in the amount of $345,000 with Groundwork Richmond to allow its function as the Urban Forestry Project Administrator. The mission of Groundwork Richmond is to bring about the sustained regeneration, improvement, and management of the physical environment by developing community-based partnerships which empower people, businesses, and organizations to promote environmental, economic, and social well-being.

Groundwork Richmond will continue to coordinate and administer the overall program, working with the City to ensure that the tree planting component is consistent with City requirements and is documented within the tree inventory and tracking of Greenhouse gas data. Additionally, Groundwork Richmond will be responsible for administrative details including reporting to funders, monitoring, collecting, and reporting data of all partners to appropriate sources and continuing to work with partners to develop additional resources for building Richmond’s urban forest.

During the budget entry process for FY 2022-2023, this $100,000 allocation was not entered, and consequently was left out of the approved budget. The proposed resolution will approve a $100,000 budget amendment to fund Groundwork Richmond’s second year of their previously approved three-year contract.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Executed Contract

RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, APPROVIN G A BUDGET AMENDMENT TO THE ECIA

URBAN GREENING

WHEREAS, on June 21, 2022, the Richmond City Council approved the FY 2022-23 ECIA Urban Greening budget; and
WHEREAS, a budget amendment is needed to transfer $ 100,000 from the fund balance to the ECIA Urban Greening budget for the Groundwork Richmond contract; and
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Richmond, California does hereby approve that the ECIA Urban Greening budget for FY 2022-23 be amended to reflect the transfer from the fund balance.

I certify that the foregoing resolution was adopted by the City Council of the City of Richmond at a regular meeting held on September 13, 2022:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND

Approved:

Mayor

Approved as to form:

City Attorney

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DocuSign Envelope ID: 3D199B06-27B4-45B8-AE9C-E59908CD82B1 GWR Board President
7/27/2021
7/27/2021
Treasurer

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October 4, 2022

Public Works

DATE: October 4, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Jose Urquilla, PW Facilities Maintenance
Superintendent
Subject: Authorize Sole-Source purchase of two Trane heater units for Developing Personal Resources Center
(DPRC).

FINANCIAL IMPACT: The proposed $33,520 for this purchase is included in the Department of Public Works CIP Fiscal Year
2022-2023 budget (20136031-400708-23013).

PREVIOUS COUNCIL ACTION: -
STATEMENT OF THE ISSUE: The Department of Public Works is requesting City Council approval for the purchase of two Trane
heater units from Specialty A/C Products, Inc.

RECOMMENDED ACTION: APPROVE the purchase of two Trane heater units from Specialty A/C Products, Inc. to replace two
malfunctioning units, in an amount not to exceed
$33,520 – Public Works Department (Jose Urquilla
510-620-5478).

DISCUSSION:

The two Trane heater units at the Developing Personal Resources Center (DPRC) have exceed their life expectancy and must be replaced. Over the past few years, the heater units have experienced several malfunctions, causing City staff to spend more time than usual maintaining them.

The Department of Public Works is requesting approval of a sole source purchase from Specialty A/C Products, Inc. that will allow City staff to remove and replace the existing units with two identical Trane units. If a different brand is purchased, it would require AGENDA
REPORT

October 4, 2022
modifications that may void the warranty to the newly installed roof. In addition, purchasing the same brand will provide a cost savings as additional controls and accessories will not be needed.

DOCUMENTS ATTACHED:

Attachment 1 – Sole-Source Justification
Attachment 2 – Quote

THIS QUOTATIONS SUBJECT TO THE TERMS AND CONDITIONS APPEARING ABOVE AND ON THE REVERSE SIDE HEREOF.

SPECIALTY A/C PRODUCTS
Independent Distributors

383 4th Street Suite 202
Oakland, CA 94607
Phone: (510) 433-8940
FAX: (510) 433-8954

Proposal

Customer: City of Richmond Bid Date: 9/5/22
Quote #: 4 Rev3
Job Name: City of Richmond
Attention: Carl Capistrano Delivery Terms: F.O.B. Factory - F.F.A.

Engineer: Terms of Payment Net 30 Days

Specialty A/C Products, Inc, is pleased to offer the following equipment for your co nsideration:

Tag Data –Packaged Gas Electric (Qty: 2)
Item Tag(s) Qty Description Model Number
A1 No tag 2 7.5 ton gas electric YSJ090

DX cooling, gas heat
Standard efficiency

7.5 ton, dual compressor
208-230/60/3
Low leak economizer
Flat roof curb (Fld)

Not Included: Completion of Title 24 Certificate of Acceptance forms, t-stats/ external controls, disconnect switches, vibration isolation, seismic calculations, low ambient control, startup, labor warranty

Total Net Price for item A1 ONLY (taxes excluded) . . . . . . . . . . . . . . . . . …………………………$33,520.00

Regards,
Specialty A/C Products, Inc.

Candace Alcantara

Specialty A/C Products New Equipment Ters and Conditions

1. Acceptance and Prices. These terms and conditions are an integral part of Specialty A/C Products U.S. Inc. ("Seller")’s firm offer and form the basis of any agreement resulting from Seller’s proposal. The proposal is subject to accept ance within thirty days from its date, and the prices are subject to change without notice prior to acceptance by the party to whom this offer is made, or its authorized agent ("Buyer"). Following acceptance without addition of any other terms and conditions of sale or any other modification by Buyer, the prices stated are firm provided that notification of release for immediate production and shipment is received at Seller’s factory not later than three months from order receipt. If such release is not received within three months after the date of order receipt, at Seller’s option, the order may be canc elled by Seller. Any delay in shipment caused by Buyer's actions will subject prices to increase equal to the percentage increase in list prices during that period of delay. In no event will prices be decreased.

Acceptance will have occurred if Buyer: si gns Seller’s proposal; issues written order pursuant to submission of proposal; or permits or accepts performance; or other commercially reasonable manner. If Buyer’s order is an acceptance of Seller’s proposal, Seller’s return of such order with these te rms and conditions attached serves as an acknowledgement and confirmation of receipt of order. If order is expressly conditioned upon Seller’s acceptance or assent to terms other than those expressed herein, return of order by Seller with these terms and conditions attached serves as notice of objection to such terms and a counter -offer to provide equipment in accordance with scope and terms of the original proposal. If Buyer does not reject or object within ten days, counter -offer will be deemed accepted . If Buyer permits or accepts performance, such terms will be deemed accepted.

2. Performance. Seller shall be obligated to furnish only the goods desc ribed in Seller’s proposal, and submittal data (if such data is issued in connection with this order), and Seller may rely on the acceptance of proposal and submittal data as acceptance of the suitability of the equipment for the particular project. Selle r’s duty to perform under any order and the price thereof is dependent upon Seller's corporate approv al of the order and Seller shall not be responsible for delays in contract formation caused by inclusion of new or different terms by Buyer, or delays in credit approval due to delayed or incomplete credit information by Buyer.

Seller’s duty to perform is contingent upon the non-occurrence of an Event of Force Majeure. If the order is not approved at the corporate level, Seller may elect to delay performance or to renegotiate with Buyer. If Seller and Buyer are unable to agree on revised prices or terms, the order may be canceled without any liability. If Seller shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Seller’s election (i) remain in effect but Seller’s obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon ten (10) days notice to Buyer, in which event Buyer shall pay Seller for all parts of the Work furnished to the date of termination.

An "Event of Force Majeure" shall mean any cause or event beyond the control of Seller. Without limiting the foregoing, “Event of Force Majeure” includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire; civil disobedience; pandemic insurr ections; riots; labor disputes; labor or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid); and action or non-action by or inability to obtain or keep in force the necessary governmental authorizations, p ermits, licenses, certificates or approvals if not caused by Seller; and the requirements of the United States Government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the Government.

3. Taxes. To the prices and terms quoted, add any manufacturer's gross receipts, sales, or use tax, Federal, State, or Local, payable on the transaction under any applicable statute, code, or regulation.

4. Warranty and Liability. Except for any written warranty given by the Manufacturer of the products described in this quotation, Specialty A/C Products, Inc. and Buyer expressly agree that Specialty A/C Products, Inc. makes no other warranty of any kind, express or implied, and Specialty A/C Products, Inc. neit her assumes nor authorizes any person to assume for it any other liability in connection with the sale or use of its products, including the goods purchase d hereunder.The manufacturer’s warranty, if any, is in lieu of and specialty a/c products, inc. disclaims any and all other representations and warranties, express or implied, arising by law, course of dealing, course of performance, usage of trade or otherwise, including without limitation all warranties as to the product’s condition, use, operation, design, quality, capacity, workmanship, installation, servicing, latent defects, compliance with any law, ordinance, regulation, rule, contract or specification, “merchantability”, fitness for any particular purpose, and all other qualities and characteristics whatsoever.

Buyers remedy for breach of warranty, if any, is limited to refund of the purchase price or repair or replacement of any nonconforming product, at the seller’s option. No liability whatever shall attach to the Seller until products have been paid for. Warranty is voidable in the event of non- payment. Seller makes no representation or warranty, express or implied, regarding prevention of mold, fungus, bacteria, microbial growth, or any other contaminates.

Any further warranty must be in writi ng and agreed to by an authorized signatory of the Seller.

5. Warranty Disclaimer. This warranty is given in lieu of all other warranties, express or i mplied, including IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
and/or others arising from course of dealing or trade.

6. Indemnity. Seller and Buyer shall indemnify and hold each other harmless from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting fr om death or bodily injury or damage to real or tangible personal property, to the extent caused by the negligence or misconduct of their respective employe es or other authorized agents in connection with their activities within the scope of this Agreement.

Neither party shall indemnify the other against claims, damages, expenses or liabilities to the extent attributable to the negligence or misconduct of th e other party. The duty to indemnify will continue in full force and effect, notwithstanding the exp iration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination.

7. Insurance. Seller agrees to maintain the following insurance during the term of the contract with limits not less than shown below and will, upon request from Buyer, provide a Certificate of Insurance evidencing this coverage:

Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits
In the event Seller agrees to name Buyer or others as an additional insured, Seller will do so but only under i ts primary Commercial General Liability policies to the extent of the indemnity obligation assumed he rein. In no event does Seller waive its right of subrogation.

8. Liability Disclaimer. NOTWITHSTANDING ANY PROVISION TO

THE CONTRARY, IN NO EVENT SHALL SELLER BE LIABLE FOR

ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING

WITHOUT LIMITATION LOST REVENU E OR PROFITS), OR
PUNITIVE DAMAGES. This exclusion applies regardless of whether such damages are sought based on breach of warranty, breach of contract, negligence, strict liability in tort, or any other legal theory. Should Seller nevertheless be found liable for any damages they shall be limited to the purchase price of the equipment under the order. SELLER DISCLAIMS ANY LIABILITY FOR

DAMAGES OF ANY KI ND (WHETHER DIRECT OR INDIRECT)

ARISING FROM MOLD, FUNGUS, BACTERIA, MICROBIAL

GROWTH, OR ANY OTHER C ONTAMINATES OR AIRBORNE
BIOLOGICAL AGENTS.

9. Shipment Dates. Shipment dates are estimates only. No valid contract may be made to ship within or at a sp ecified time unless in writing, signed by an authorized signatory of Seller. Shipments shall be f.o. b. factory or warehouse at named shipping point with title and risk of loss passing to Buyer upon delivery to the carrier.

10. Cancellation. If, followin g acceptance of proposal by Buyer, all or any portion of the resulting order is canceled by Buyer wit hout default on the part of Seller or without Seller's written consent, Buyer shall be liable to Seller for cancellation charges including but not limited to Seller's incurred costs and such profit as would have been realized by Seller from the transaction had the agreement not been breached by Buyer.

11. Payment. Payment terms are 100% net 30 days of shipment unless otherwise expressly agreed to in writin g by Seller. Seller reserves the right to add to any account outstanding for more than 30 days a ser vice charge the lesser of 1 -1/2% of the principal amount due at the end of each month, or the maximum allowable legal interest rate. Buyer shall be liable to Seller for all collection expenses, including reasonable attorney's fees and court costs, incurred by Seller in attempting to collect any amounts due from Buyer. If requested, Seller will provide appropriate lien waivers upon receipt of payment.

Seller reserves the right to suspend or terminate performance in the event of Buyer's non-payment.

12. Returns. Returns must have prior written approval by Seller and are subject to restocking charge where applicable.
13 Applicable Law . Any agreement res ulting from Seller’s proposal will be governed and construed according to California.

.

Specialty A/C Products U.S. Inc.
1-26.130-4(0608)
Supercedes 1-26.130-4(0208)

October 4, 2022

Public Works

DATE: October 4, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Joe Leach, Director of Public Works
Jose Urquilla, Building Maintenance Superintendent

Subject:

City Council Chairs Reupholstery
FINANCIAL IMPACT: Financial impact is not to exceed $14,766.25. The funds expended for this contract will be from budgeted source for fiscal year 2022 – 2023 Department of Public Works
(01232131-400642).

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

City staff is requesting approval to contract with O&R
Auto Upholstery to reupholster 47 City Council chairs.

RECOMMENDED ACTION: APPROVE a contract with O&R Auto Upholstery to reupholster 47 City Council chairs, in an amount not to exceed $14,766.25, with a term beginning October 5,
2022, and ending June 30, 2023 – Public Works
Department (Jose Urquilla 510-620-5478).

DISCUSSION:

Richmond City Council hosts approximately three (3) open public meetings per month, using chairs purchased in 2008. During the pandemic, while virtual meetings were held, the City recognized the chairs were in a dilapidated state and needed to be reupholstered. Reupholstering the chairs instead of purchasing new chairs will save the AGENDA
REPORT

October 4, 2022
City money while improving the overall appearance of the chairs and the Council Chambers.

City staff is requesting approval to contract with O&R Auto Upholstery to reupholster 47 City Council chairs, in an amount not-to-exceed $14,766.25, with a term beginning October 5, 2022, and ending June 30, 2023.

DOCUMENTS ATTACHED:

Attachment 1 – Contract
Attachment 2 – Canvas of Bids

October 4, 2022

Public Works

DATE: October 4, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Yader Bermudez, Acting Public Works Director

Subject:

Accept and Appropriate Grant funds for the Pt. Molate
Bay Trail
FINANCIAL IMPACT: On August 30, 2022, the City applied for, and was awarded, San Francisco Bay Trail grant funds for the
Project. The $150,000 grant funds awarded to the
Project are included in the FY2022-2023 Capital
Improvements Project budget under the line item Point
Molate Bay Trail Project. The grant will be appropriated in fund 1074-Engineering Grant Fund.

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

The City applied for and was awarded $150,000 in San
Francisco Bay Trail grant funds from the Association of Bay Area Governments (ABAG) for the Point Molate Bay
Trail Project (Project). Public Works staff is
recommending that the City Council accept and
appropriate these additional grant funds to ensure
completion of the Project.

RECOMMENDED ACTION:

ADOPT a resolution to ACCEPT and APPROPRIATE
$150,000 in San Francisco Bay Trail funds, from the
Association of Bay Area Governments (ABAG), for
construction of the Point Molate Bay Trail Project –
Public Works Department (Yader Bermudez 774-6300).

AGENDA
REPORT

October 4, 2022

DISCUSSION:

This project involves construction of a 1.25-mile multi-use, ADA-compliant section of the San Francisco Bay Trail providing new public access along the Point Molate shoreline and connect the planned Bay Area Water Trail trailhead at Point Molate Beach Park with the Point Molate pier and Wineha ven Historic District.

In early 2022, City staff applied to ABAG for San Francisco Bay Trail construction grant funds to combine with other State funds for the Project. The City of Richmond was awarded a grant in the amount of $150,000 by ABAG for the Pro ject along with $2,000,000 from the State of California Proposition 68 grant funds to construct the Project. Design work will be completed by December 31, 2022, and construction to start in Spring 2023.

The City Council needs only to accept and appropriat e the ABAG grant funds to meet the grant requirements. The other State of California, Proposition 68 have already been accepted.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Award Letter

Reso. No. xx-22

RESOLUTION NO. XX-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, TO RECEIVE $150,000 IN GRANT FUNDS FROM THE ASSOCIATION

OF BAY AREA GOVERNMENTS (ABAG) FOR THE NORTH SHORE (GOODRICK

AVENUE) BAY TRAIL GAP CLOSURE PROJECT

WHEREAS, on April 25, 2012, the City Council of the City of Richmond (the “City Council”) adopted the Richmond General Plan 2030 (the “General Plan”), which establishes the goals, policies and implementing actions for development of the City of Richmond; and

WHEREAS, Policy CR1.6 of the General Plan calls for completion of the San Francisco Bay Trail in Richmond; and

WHEREAS, the City of Richmond staff, applied to the Association of Bay Area Governments (ABAG) to provide for construction funding on behalf of the Point Molate Bay Trail Project (Project); and

WHEREAS, on August 30, 2022, the City of Richmond was awarded construction grant funds in the amount of $150,000 by the ABAG for the purposes of aiding in the construction of the Project;

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby accept and appropriate, and administer the Association of Bay Area Governments (ABAG) San Francisco Bay Trail grant funds for Project construction, and appoints the City Manager, or his designee, as agent to administer, conduct all negotiations, execute and submit all documents including, but not limited to agreements, payment requests and so on, which may be necessary for the completion of the project.

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

Reso. No. xx-22

I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held October 18, 2019, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

PAMELA CHRISTIAN

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor

Approved as to form:

City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }

I certify that the foregoing is a true copy of Resolution No. XX-22, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on October 4, 2022.

Pamela Christian, Clerk of the City of Richmond

-1- Construction Grant Agreement

ASSOCIATION OF BAY AREA GOVERNMENTS

SAN FRANCISCO BAY TRAIL PROJECT

CONSTRUCTION GRANT AGREEMENT
Point Molate Bay Trail Construction Project – City of Richmond Segment

Grantee's full, legal name: City of Richmond
Address: 450 Civic Center Plaza, 2nd Floor, Richmond, CA 94804 Phone No.: (510) 774-6300
Name of Contact: Yader A. Bermudez
Title of Contact: CIP and Wastewater Program Manager
Taxpayer ID Number

I. SCOPE OF AGREEMENT

Pursuant to Chapter 9 of Division 21 of the California Public Resources Code, the State Coastal Conservancy (“the Conservancy") awarded grant funds to be administered by the Association of Bay Area Governments (ABAG) for development of the Bay Trail Project via Bay Trail Block Grant #6, (Grant Agreement #19 -086), incorporated herein as Exhibit D. All applicable grant requirements are hereby imposed upon Grantee. ABAG grants to the City of Richmond ("the Grantee") a sum not to exceed One Hundred Fifty Thousand Dollars ($150,000), Funding from Proposition 68 funds, the “ California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018”, subject to the terms and conditions of this Agreement, to complete the Point Molate Bay Trail Construction Project – City of Richmond Segment ("the Project") , the location as shown on Exhibit A, which is incorporated by reference and attached. The Project description is attached as Exhibit B, which is incorporated by reference.

The Grantee shall carry out the Project in accordance with this Agreement and a work program to be approved by ABAG pursuant to this Agreement. The Grantee shall provide any funds beyond those granted under this Agreement which are needed to complete the Project.

II. CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT

The Grantee shall not commence construction of the Project and ABAG shall not be obligated to disburse any funds under this Agreement unless and until the following conditions precedent have been met:

A. A resolution has been adopted by the City Council of the Grantee authorizing the execution of this Agreement and approving its terms and conditions.

B. ABAG has approved in writing:

1. The work program for the Project;

2. All contractors that the grantee intends to employ in connection with the project; and DocuSign Envelope ID: 8E526252-627C-4649-A80B-897BFFDC293A

-2- Construction Grant Agreement

3. A rendering, with dimensions and proposed placement, of the acknowledgment sign and a plan for the dimensions and placement of San Francisco Bay Trail emblem all as described in section II of the Standard Provisions

C. Written evidence has been provided to ABAG:

1. That all permits and approvals necessary to the completion of the Project under applicable local, state and federal laws and regulations have been obtained;

2. That the Grantee has acquired an d recorded all easements and other interests in real property necessary to the construction, use and/or maintenance of the Project;

3. That the Grantee has provided for liability insurance, including the additional insured endorsement, or is self-insured, as described in Exhibit C of this Agreement; and

4. That the Grantee has provided for fire and other loss insurance as described in Exhibit C of this Agreement.

Notwithstanding the above, the Grantee may commence preparation of plans, specifications and engineering work upon meeting conditions set forth in subsections A and B.1 of this section, and upon ABAG’s review and approval of a separate work program (tasks, budget and timeline) and approval of any contractors that the Grantee will retain to perform the work.

III. TERM OF AGREEMENT

This Agreement shall be deemed executed and effective when signed by both parties and received in the offices of ABAG together with the resolution described in the "CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT" section of this Agreement.

Grantee shall complete grant tasks by December 31, 2023 , (“the completion date”) and shall submit a final Request for Disbursement no later than thirty (30) days after the completion date.

This Agreement shall run from its effective date t hrough December 31, 2044, ("the termination date") to ensure compliance with the requirements of Article VIII unless otherwise terminated or amended as provided in this Agreement.

DocuSign Envelope ID: 8E526252-627C-4649-A80B-897BFFDC293A

-3- Construction Grant Agreement

STANDARD PROVISIONS

I. WORK PROGRAM

A. If any portion of the construction to be funded under this Agreement will be performed by third parties ("contractors") under contract with the Grantee, prior to initiating any request for contractor bids, the Grantee shall submit for review and written ap proval by ABAG the bid package including construction plans and specifications which have been certified or approved as described above. Upon approval by ABAG, the Grantee shall proceed with the bidding process.

B. Prior to final selection, the Grantee sh all submit to ABAG for written approval the names, addresses and licenses of all contractors that the Grantee intends to hire and any change or clarification to the bid package.

C. Prior to beginning construction, the Grantee shall submit a detailed work pro gram to ABAG for review and written approval of its consistency with this Agreement. The work program shall include:

1. Construction plans and specifications which have been certified by a registered architect or engineer, or approved by the Grantee's Public Works Director.

2. For projects not exempt from CEQA : (a) plans for implementing and for documenting implementation of all actions and mitigation measures identified in the project’s environmental document as needed to avoid significant environmental effects or reduce them to a level of insignificance (e.g, as contained in a Mitigation Monitoring and Reporting Program) and (b) provisions for compliance with any conditions of Conservancy authorization to fund the Project.

3. A schedule of completion for the Project specifically listing the completion date for each Project component and a final Project completion date , including all mitigation measures and actions, if any.

4. A detailed Project budget (the “Project Budget”). The Project Budget shall describe all labor and materials costs to be incurred to complete each component of the Project. For each Project component, the Project Budget shall list all intended funding sources, including grant funds, the Grantee's required contrib ution and all other sources of monies, materials, or labor.

5. A list of all permits required to complete the Project, including but not limited to environmental documentation. For each such permit, Grantee shall identify the attendant conditions, mitigati on measures, fees and the like. The Grantee shall indicate how each attendant condition, mitigation measure, fee and the like is treated in the documents provided under paragraphs I.C.1, 2 and 3 of these Standard Provisions.

6. A meeting with ABAG at the Project site to review the Project plans.

D. The work program shall have the same force and effect as if included in the text of this Agreement. However, the work program may be modified without amendment of this Agreement upon the Grantee's submission of a mo dified work program and ABAG’s written approval of it. If this Agreement and the work program are inconsistent, the Agreement shall control.

DocuSign Envelope ID: 8E526252-627C-4649-A80B-897BFFDC293A

-4- Construction Grant Agreement
E. The Grantee shall construct the Project in accordance with the approved work program.

F. The Grantee shall comply with, fulfill, accomplish or pay each condition, mitigation measure, fee (or the like) identified in paragraph I.C.2 of these Standard Provisions which are applicable at the completion of the Project. For each condition, mitigation measure, fee (or the like) identified in paragraph I.C.2 of these Standard Provisions which, by its terms, cannot be, or is not required to be, complied with, fulfilled, accomplished or paid by the time the Project is completed, the Grantee shall state in a narrative format, th e plan for future compliance or payment.

G. If any portion of the construction to be funded under this Agreement will be performed by contractors, the Grantee shall implement, or cause to be implemented, a labor compliance program that meets the requirements of California Labor Code Section 1771.5(b).

H. ABAG will not approve the work program or any amendments thereto without first obtaining the Conservancy’s written approval.

II. SIGNS

The Grantee shall erect and maintain signs visible from the nearest public roadway directing the public to the Project and acknowledging ABAG and Conservancy assistance and displaying the San Francisco Bay Trail and Conservancy logos. In addition to signs acknowledging Conservancy assistance, the Grantee shall install and maintain San Francisco Bay Trail emblems on the real property and, where appropriate on all other real property interests controlled, maintained or managed by the Grantee that are deemed by ABAG to be existing segments of the San Francisco Bay Trail. Embl em locations shall be determined by the Grantee in consultation with ABAG. ABAG shall provide specifications for the Conservancy and Bay Trail signs , emblems and logo to the Grantee for this purpose. Plans describing the number, design, placement and wording of the signs shall be submitted to ABAG for review and written approval prior to the installation of signs. Final reimbursement may be withheld by ABAG pending placement of the signs in the manner approved by ABAG.

III. BONDING

If the Grantee intends to use any contractor(s) on any portion of the Project to be funded under this Agreement, construction shall not begin until each such contractor has furnished a performance bond in favor of the Conservancy, ABAG and the Grantee, in the following amounts: for faithful performance, one hundred percent (100%) of the contract value; and for labor and materials, one hundred percent (100%) of the contract value. The requirement shall not apply to any contract for less than $20,000.

Any bond furnished under this section shall be executed by an admitted corporate surety insurer licensed in the State of California.

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IV. COSTS AND DISBURSEMENTS

A. Upon determination by ABAG that all "CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT" have been fully met, ABAG shall disburse to the Grantee, in accordance with the approved Project Budget, a total amount not to exceed the amount of this grant, as follows:

The provision of this section with a check mark, “x” or equivalent mark opposite it wil l apply at the commencement of the Agreement.

PROGRESS PAYMENTS
Disbursements shall be made on the basis of costs incurred to date, less ten percent (10%), upon satisfactory progress in accordance with the approved work program and upon the Grantee's submission of a "Request for Disbursement" form, which shall be submitted no more frequently than monthly but no less frequently than quarterly. Disbursement of the ten percent (10%) withheld shall be made upon the Grantee's satisfactory completion of construction of the Project and compliance with the "PROJECT COMPLETION" section of this Agreement, and upon ABAG’s acceptance of the Project.

TASK COMPLETION
Disbursements shall be made on the basis of costs incurred to date, less ten percent (10%), upon the Grantee's satisfactory completion of each Project task identified in the approved work program. The final di sbursement, together with amounts earlier withheld, shall be made upon the Grantee's satisfactory completion of construction of the Project and compliance with the "PROJECT COMPLETION" section of this Agreement, and upon ABAG’s acceptance of the Project.

PROJECT COMPLETION
Disbursement shall be made on the basis of costs incurred, upon the Grantee's satisfactory completion of construction of the Project and compliance with the "PROJECT COMPLETION" section of this Agreement, and upon ABAG’s acceptance of the Project.

B. The Grantee shall request disbursements by filing with ABAG fully executed "Request for Disbursement" forms (available from ABAG). The Grantee shall include on the forms its name and address, the date of the submission, the amount of the invoi ce, the period during which the work was actually done, and an itemized description of all work done for which disbursement is requested. Hourly rates identified in invoices shall be consistent with the approved Project B udget and equal to the actual compe nsation paid by the Grantee to employees, which may include employee benefits. The forms shall be signed by an authorized official of the Grantee. Each form shall be accompanied by any supporting invoices or other source documents from contractor(s) that the Grantee engaged to complete any portion of the Project funded under this Agreement, and/or by written substantiation of completion of the portion of the Project for which disbursement is requested. With each form, the Grantee shall also submit a suppo rting progress report summarizing the current status of the Project and comparing it to the status required by the work program (budget, timeline, tasks, etc.). Failure to fully execute and submit a “Request for Disbursement” form, including attachment of supporting documents, will DocuSign Envelope ID: 8E526252-627C-4649-A80B-897BFFDC293A

-6- Construction Grant Agreement
relieve ABAG of its obligation to disburse funds to the Grantee unless and until all deficiencies in the form are rectified.

ABAG will reimburse travel and related expenses at actual costs not to exceed the rates provided in Ti tle 2, Division 1, Chapter 3, Subchapter 1, Article 2 of the California Code of Regulations ("CCR"), except that reimbursement may be in excess of these rates upon documentation that these rates are not reasonably available to the project grantee.

Reimbursement for the cost of operating a private vehicle shall not, under any circumstance, exceed the current rate specified by the State of California for unrepresented state employees as of the date the cost is incurred. ABAG will disburse funds for other necessary expenses if those expenses are reasonable in nature and amount taking into account the nature of the Project, its location, and other relevant factors.

V. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS

The Grantee shall expend funds in the manner described in the approved Project Budget. The allocation of ABAG's total grant among the items in the Project Budget , other than overhead and indirect costs, may vary by as much as ten percent (10%) without approval by ABAG , provided that Grantee first submits a revised Project Budget to ABAG and requests disbursement based on the revised budget . Grantee shall obtain the advance written approval of ABAG for a ny difference of more than ten percent (10%) and any deviation that shifts funds from approved budget items into an overhead or indirect costs category . ABAG will not provide such approval without first obtaining written approval of the Conservancy. ABAG may withhold payment for changes in particular budget items which exceed t he amount allocated in the Project Budget by more than ten percent (10%) and which have not received the approval required above. The total amount of this grant may not be increased except by amendment to this Agreement. Any increase in the funding for a ny particular budget item shall mean a decrease in the funding for one or more other budget items.

VI. PROJECT COMPLETION

A. Within ninety (90) days of completion of construction of the Project, the Grantee shall supply ABAG with two copies of evidence of co mpletion by submitting a final report which includes:

1. An inspection report by a registered architect or engineer or the Grantee's Public Works Director certifying completion of the Project according to the approved work program.

2. A fully executed final "Request for Disbursement" form.

3. "As built" drawings of the completed Project , and “before” and “after” photos in electronic form.

4. If the Project is built by third parties, a copy of a recorded Notice of Completion covering the Project.

5. For projects not e xempt from CEQA, any items required to demonstrate compliance with the Conservancy’s authorization with respect to CEQA (e.g., evidence of compliance with a Mitigation Monitoring and Reporting Program) as specified in the project work program.

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6. Documentation that the acknowledgement signs and San Francisco Bay Trail emblems required under section II have been erected and installed in compliance with that section.

B. Within forty -five (45) days of Grantee's compliance with this section, ABAG shall determine whether the Project has been satisfactorily completed. If ABAG determines that the Project has been satisfactorily completed, ABAG shall issue to the Grantee a letter of acceptance of the Project. The Project shall be deemed complete as of the date of the l etter of acceptance. ABAG will not determine that the Project has been satisfactorily completed without first obtaining a letter of acceptance of the Project from the Conservancy.

VII. EARLY TERMINATION AND FAILURE TO PERFORM

ABAG may terminate or suspend this agreement for any reason, by providing Grantee with seven days’ notice in writing. In either case, Grantee shall immediately take all reasonable measures to prevent further costs to ABAG and the Conservancy, which measures shall include terminating or suspending any project agreements if necessary to prevent further costs. ABAG shall be responsible for any reasonable and non-cancelable obligations incurred by Grantee in the performance of this Agreement prior to the date of the notice to terminate or s uspend, but only up to the undisbursed balance of funding authorized in this Agreement. Any notice suspending work under this agreement shall remain in effect until further written notice from ABAG authorizes work to resume.

Grantee shall include suspension and termination provisions in their agreements with contractors for the Project.

The parties expressly agree to waive, release and relinquish the recovery of any consequential damages that may arise out of the termination or suspension of this Agreemen t under this section.

VIII. OPERATION AND MAINTENANCE

A. The Grantee or its successor in interest shall maintain the facilities and structures constructed as part of the Project , including all applicable post -construction mitigation measures identified in the environmental document to avoid significant environmental effects or reduce them to a level of insignificance, and shall operate these facilities and structures throughout t he term of this Agreement consistent with the purposes for which ABAG's grant was made and in a manner that complies with the nondiscrimination requirements of section XV . The Grantee assumes all operation and maintenance costs of these facilities and str uctures. Neither ABAG nor the Conservancy shall be liable for any cost of such maintenance, management or operation. The Grantee may be excused from its obligations for operation and maintenance during the term of this Agreement only upon the written approval of ABAG.

B. For purposes of this Agreement, "operation costs" include direct costs incurred for material and labor needed for operations, utilities, insurance and expenses necessary to produce gross revenues. "Maintenance costs" include ordinary repair s and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures.

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C. The parties to this Agreement expressly agr ee and acknowledge that the Conservancy is a third-party beneficiary of the provisions of this section

IX. INSPECTION

Throughout the term of this Agreement, ABAG and the Conservancy shall have the right to inspect the Project area to ascertain compliance with this Agreement.

X. MITIGATION

The Grantee shall not use , or allow the use of, any portion of the Project or Project site for mitigation (in other words, to compensate for adverse changes to the environment elsewhere) without the written permission of the Executive Officer of the Conservancy. The Conservancy may require that a ll funds generated in connection with any authorized or allowable use of the Project or Project site as mitigation be remitted promptly to the Conservancy. As used in this section, mitigation includes, but is not limited to, any use of the property in connection with the sale, trade, transfer or other transaction involving carbon sequestration credit or carbon mitigation.

XI. LIABILITY

A. The Grantee shall be responsible for, indemnify and save harmless the Metropolitan Transportation Commission (MTC), ABAG, the Bay Trail Project , the Conservancy and State of California (the “State”), and their respective members, directors, officers, agents and employees from any and all liabilities, claim s, demands, damages or costs resulting from, growing out of, or in any way connected with or incident to this Agreement to the fullest extent permitted by law The duty of the Grantee to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778.

PUBLIC ENTITY GRANTEES: This Agreement supersedes the Grantee's right as a public entity to indemnity (see Gov. Code Section 895.2) and contribution (see Gov. Code Section 895.6) as set forth in Gov. Code Section 895.4.

B. The Grantee waives any and all rights to any type of express or implied indemnity or right of contribution from ABAG, the Bay Trail Project, the Conservancy, the State, and their respective members, directors, officers, agents or employees, for any liabili ty resulting from, growing out of, or in any way connected with or incident to this Agreement.

C. Nothing in this Agreement is intended to create in the public or in any member of it rights as a third party beneficiary under this Agreement.

XII. INSURANCE

See Exhibit C.

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XIII. AUDITS/ACCOUNTING/RECORDS

Grantee shall maintain financial accounts, documents, and records (collectively, "records") relating to this Agreement in accordance with the guidelines of “Generally Accepted Accounting Principles" ("GAAP") published by the American Institute of Certified Public Accountants. The records shall include, without limitation, evidence sufficient to reflect properly the amount, receipt, deposit, and disbursement of all funds related to the Project, and the implementation , operation and maintenance of the Project. Time and effort reports are also required. Grantee shall maintain adequate supporting records in a manner that permits tracing from the request for disbursement forms to the accounting records and to the supporting documentation.

Additionally, ABAG, the Conservancy or their respective agents may review, obtain, and copy all records relating to performance of this Agreement. Grantee shall provide ABAG, the Conservancy or their respective agents with any relevant i nformation requested and shall permit ABAG, the Conservancy or their respective agents access to Grantee's premises upon reasonable notice, during normal business hours, to interview employees and inspect and copy books, records, accounts, and other materi al that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement and any applicable laws and regulations.

Grantees shall retain the required records for a minimum of three years following the later of final disbursement by ABAG, and the final year to which the particular records pertain. The records shall be subject to examination and audit by ABAG, the Conservancy and the Bureau of State Audits during the retention periods.

If Grantee retains any contractors to accomplish any of the work of this Agreement, the Grantee shall first enter into an agreement with each contractor requiring the contractor to meet the terms of this section and to make the terms applicable to all subcontractors.

ABAG or t he Conservancy may disallow all or part of the cost of any activity or action that either determines to be not in compliance with the requirements of this Agreement.

XIV. COMPUTER SOFTWARE

Grantee certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this Agreement, funds will not be used for the acquisition, operation or maintenance of computer software in violation of copyright laws.

XV. NONDISCRIMINATION

During the performance of this agree ment, Grantee shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, ethnic group identification, physical disability (including HIV and AIDS), mental disability, medical condition, marital status, age (over 40) or sexual orientation (Government Code section 12940). Grantee shall not unlawfully deny a request for , or take unlawful action against , any individual because of the exercise of rights related to family -care leave (Govern ment Code sections 12945.1 and 12945.2). Grantee shall ensure that the evaluation and treatment of its employees and applicants for employment are free of such discrimination, harassment and unlawful acts.

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Consistent with Government Code section 11135, Grantee shall ensure that no one, on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, or disability, is unlawfully denied full and equa l access to the benefits of, or is unlawfully subjected to discrimination under, the Project funded under this Agreement.

Pursuant to Government Code section 12990, Grantee shall comply with the provisions of the Fair Employment and Housing Act (Governm ent Code section 12900 et seq.) and the applicable regulations (California Code of Regulations Title 2, section 7285.0 et seq.). The regulations of the Fair Employment and Housing Commission regarding Contractor Nondiscrimination and Compliance (Chapter 5 of Division 4 of Title 2 of the Californ ia Code of Regulations) are incorporated into this agreement by this reference.

This nondiscrimination clause shall be included in all contracts and subcontracts for the Project.

XVI. PREVAILING WAGE

Work done under this Agreement may be subject to the prevailing wage and other related requirements of the California Labor Code (see Labor Code sections 1720 et seq.). Grantee shall pay prevailing wage to all persons employed in the performance of any part of the Project and otherwise comply with all associated requirements and obligations, if required by law to do so.

XVII. ASSIGNMENT

Without the written consent of ABAG, this Agreement is not assignable by the Grantee in whole or in part.

XVIII. TIMELINESS

Time is of the essence in this Agreement.

XIX. ABAG'S DESIGNEE

Lee Huo is ABAG’s Project Manager who shall have authority to act on behalf of ABAG with respect to this Agreement.

XX. AMENDMENT

Except as expressly provided in this Agreement, no changes in this Agreement shall be valid unless made in writing and signed by the parties to the Agreement. No oral understanding or agreement not incorporated in this Agreement shall be binding on any of the parties.

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XXI. LOCUS

This Agreement is deemed to be entered into in the City and County of San Francisco.

The parties have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the 30th day of August 2022.

ASSOCIATION OF BAY AREA GOVERNMENTS CITY OF RICHMOND

Therese W. McMillan, Metropolitan
Transportation Executive Director
Acting pursuant to the Contract for Services
dated May 30, 2017
Shasa Curl, City Manager

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EXHIBIT A

Project Location

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EXHIBIT B

Project Description

This project involves the construction of approximately1.25 mile of Bay Trail spine that will be a paved, Class I, shared-use path at Point Molate in the City of Richmond . The proposed path will be 10-foot-wide with 5-foot shoulders.

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EXHIBIT C
Insurance Requirements

Throughout the term of this agreement, the Grantee shall procure and maintain insurance, as specified in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by the Grantee or i ts agents, representatives, employees, or contractors associated with the project undertaken pursuant to this agreement. As an alternative, with the written approval of ABAG and the Executive Officer of the Conservancy, the Grantee may satisfy the coverag e required by this section in whole or in part through: (a) its contractor’s procurement and maintenance of insurance for work under this contract, if the coverage otherwise fully satisfies the requirements of this section; or (b) the Grantee's participation in a "risk management" plan, self insurance program or insurance pooling arrangement, or any combination of these, if consistent with the coverage required by this section. Any required errors and omissions liability insurance shall be maintained fro m the effective date through two calendar years after the completion date. The Grantee shall maintain all other required insurance from the effective date through the completion date.

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
a. Insurance Services Office ("ISO") Commercial General Liability coverage , occurrence basis (Form CG 0001) or comparable.

b. Automobile Liability coverage: ISO Form Number CA 0001, Code 1 (any auto).

c. Workers' Compensation insurance as required by the Labor Code of the State of California.

If facilities or structures are to be constructed and if they will be designed by a professional architect or engineer and constructed by a licensed contractor, then the coverage should also include:

d. Course-of-Construction (also known as "Builder's Risk") insurance covering all risks of loss. (Any proceeds of loss payable under this coverage shall be used to replace, rebuild or repair the damaged portions of the facilities and structures constructed under this agreement.)

e. Property Insurance covering the loss, damage, or destruction of the facilities or structures constructed under this agreement against fire and extended coverage perils. (Any proceeds of loss payable under this coverage shall be used to replace , rebuild or repair the damaged portions of the facilities and structures constructed under this agreement.)

2. Minimum Limits of Insurance. The Grantee shall maintain coverage limits no less than:
a. General Liability: $2,000,000 per occurrence for bodily injury, (Including operations, products and personal injury and property damage. If completed operations, as applicable) Commercial General Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit sha ll
apply separately to the activities under this
agreement or the general aggregate limit
shall be twice the required occurrence limit.

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b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

c. Course of Construction: Completed value of the project with no coinsurance penalty provisions.

d. Property Insurance Ninety percent of full replacement cost of the facilities or structures.

3. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by ABAG and the Conservancy.

4. Required Provisions.
a. Each insurance policy required by this section shall be endorsed to state that coverage shall not be canceled by either party, except after thirty days' pri or written notice by first class mail has been given to ABAG and the Conservancy; or in the event of cancellation of coverage due to nonpayment, after ten days prior written notice to ABAG and the Conservancy. The project grantee shall notify ABAG and the Conservancy within two days of receipt of notice that any required insurance policy will lapse or be cancelled. At least ten days before an insurance policy held by the grantee lapses or is cancelled, the grantee shall provide ABAG and the Conservancy with evidence of renewal or replacement of the policy. b. Grantee shall obtain from each of its insurers a waiver of any right of subrogation which such insurer may otherwise acquire against ABAG or the State of California, its officers, agents, employees, and volunteers, by virtue of the payment of any loss under such insurance.

c. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
i. ABAG and the State of California, their officers, agents and employees are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Grantee; and with respect to liability arising out of work or operations, including completed operations, performed by or on behalf of the Grantee including materials, parts or equipment furnished in connection with such work or operations.

ii. For any claims related to this agreement, the Grantee's insurance coverage shall be primary insurance as respects ABAG and the State of California, their officers, agents and employees.

iii. The limits of the additional insured coverage shall equal the limits of the named insured coverage regardless of whether the limits of the named insurance coverage exceed those limits required by the project agreement.

5. Acceptability of Insurers. Insurance shall be placed with insurers admitted to transact business in the State of California and having a current Best's rating of "B+:VII" or better DocuSign Envelope ID: 8E526252-627C-4649-A80B-897BFFDC293A

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or, in the alternative, acceptable to the Conservancy and approved in writing by the Executive Officer.

6. Verification of Coverage. Prior to commencement of any work hereunder, Grantee shall furnish to Ebix, ABAG’s authorized insurance consultant, insurance consultant, insurance documentation (including Certificates of Liability Insurance, Evidences of Property Insurance, endorsements, etc.) verifying the aforementioned coverages. Such evidence of insurance shall make reference to all provisions and endorsements referred to above and shall be signed by the authorized representative of the Insurance Company shown on the insurance documentation. The Project name shall be clearly stated on the face of each Certificate of Liability Insurance and/or Evidence of Property Insurance.

CONSULTANT shall submit certificates of insurance to:

Association of Bay Area Governments
Insurance Compliance
P.O. Box 100085-M8
Duluth, GA 30096
or
Email to [email protected]
or
Fax to 1-888-617-2309

ABAG reserves the right to require copies of all required policy declarations pages or insurance policies, including endorsements, required by these specifications, at any time.

7. Contractors. The Grantee shall include all contractors as insureds under its policies or shall require each contractor to provide and maintain coverage consistent with the requirements of this section. To the extent generally available, Grantee shall also require each professional contractor to provide and maintain Errors and Omissions Liability insurance appropriate to the contractor's profession and in a reasonable amount in light of the nature of the project with a minimum limit of liability of $1,000,000.

8. Premiums and Assessments. ABAG and the Conservancy are not responsible for premiums and assessments on any insurance policy.

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October 4, 2022

Community Development

DATE: October 4, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Lina Velasco, Director of Community Development
Hector Lopez, Senior Planner

Subject:

General Plan Amendment, Rezoning, Density Bonus for
Waivers, and Design Review for a 135-unit mixed-use
affordable and supportive housing development
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Eden Housing Incorporated requests approval of a
General Plan Amendment to change the land use
designation from Public, Cultural, and Institutional to Medium Intensity Mixed-Use (Commercial Emphasis), a
Rezone from PCI (Public, Cultural, and Institutional) to CM-3 (Commercial Mixed-Use), Design Review, and
Density Bonus for the purpose of requesting waivers for open space, off-street parking, and building height for the construction of a new 5-story building and the
rehabilitation and conversion of a former medical building for a 135-unit affordable housing and supportive housing development with a 10,000 square foot of commercial
(“Project”) on a 2.84-acre site at 100 38th Street (“subject site”) in the Park Plaza neighborhood.

AGENDA
REPORT

October 4, 2022
RECOMMENDED ACTION:

HOLD a Public Hearing to ADOPT a resolution approving
an Addendum to the General Plan Final Environmental
Impact Report (EIR), approving a General Plan
Amendment to modify the land use classification from
Public, Cultural, and Institutional to Medium Intensity Mixed Use (Commercial Emphasis), Design Review, and
Density Bonus for the purposed of obtaining waivers; and INTRODUCE an ordinance (first reading) approving a
Zoning Map Amendment to rezone the from PCI, Public,
Cultural, and Institutional to CM-3, Commercial Mixed-
Use a 2.84 acre site at 100 38th Street for a mixed-use 135-unit affordable and supportive housing development
– Community Development Department (Lina Velasco
510-620-6706).

BACKGROUND:

The 2.84-acre site is owned by Contra Costa County and is located at 100 38th Street, with frontage on Bissell Avenue (“Project site”). As shown in the figure below, the Project site is improved with a two-story building with surface parking along the east and rear of the building. The existing 77,000 square foot building was previously used as the West County Health Center and has been vacant for several years since it was relocated to the City of San Pablo. The Project site is bounded by the Contra Costa County Superior Courthouse on the west, a single-story commercial building on the east, BART tracks on the south, and Bissell Avenue along the north.

October 4, 2022

PROPOSAL:

Eden Housing Inc., the applicant, is requesting a General Plan Amendment to modify the land use classification of the Project site from Public, Cultural, and Institutional to Medium Intensity Mixed Use (Commercial Emphasis), a Zoning Map Amendment to rezone the project site from PCI (Public, Cultural, and Institutional) to CM-3 Commercial Mixed-Use, Major Design Review, and a Density Bonus for the purpose of obtaining waivers for a 135-unit mixed-use affordable and supportive housing development with 10,000 square feet of commercial space (the “Project”).

The Project is comprised of two buildings and site improvements. The existing building (Building A) is proposed to be renovated to include 59 new supportive housing units, and underground parking at the basement level. The units would range in size from studios to two-bedroom units and 58 of the 59 units (one manager unit) would be affordable to incomes between 20-40% of the Area Median Income (AMI) for Contra Costa County (CCC). The Housing Authority of Contra Costa County has also committed 26 project-based vouchers to these supportive housing units to target the deepest affordability levels. The Project also includes the construction of a five-story, 92,000 square foot building (Building B) that includes 76 affordable family-sized units.

The units would range in size from studios to 3-bedroom units and 75 of the 76 units (one manager unit) would be affordable to incomes less than 60% of the AMI for CCC.

The ground floor would include approximately 10,000 square feet of commercial space, and common spaces for residents. The new building is proposed east of the existing building and access to the site would be via a new driveway between the two buildings.

Both buildings would have solar photovoltaic (PV) panels on the roof and would be all electric buildings. The site improvements include surface parking, landscaping, lighting,

October 4, 2022
and two play areas, one for the family units, and the other for the commercial space proposed to be occupied by the YMCA.

As shown in Attachment 4, the Project, if approved, would add 135 affordable units (2 units are manager units) to the overall supply of affordable housing in the City, which currently total 3,788 units. Below is a summary table of the City’s current supply of affordable units and developments with and without the Project.

Current Number of
Affordable Units
Current Number of
Housing
Developments with
Affordable Units
Number of
Affordable Units
with Project
Number of
Housing
Developments
with Affordable
Units with Project
3,788 27 3,923 28

DISCUSSION:

Under the General Plan and the Zoning Ordinance, the Project site is designated as Public, Cultural, and Institutional (PCI). This land use classification includes public, semi-public and educational uses such as civic facilities, community centers, libraries, museums, national park facilities, hospitals, and schools. Residential uses are not permitted in this land use classification and zoning district; therefore, a General Plan Amendment and Rezoning are needed to allow a mixed-use project.

The applicant is seeking a General Plan Amendment to modify the land use classification of the Project site from Public, Cultural, and Institutional to Medium Intensity Mixed Use (Commercial Emphasis) (see Exhibit C of Attachment 1) and a Zoning Map Amendment to rezone the project site from PCI (Public, Cultural, and Institutional) to CM-3, Commercial Mixed-Use (see Exhibit A of Attachment 2).

As shown in the zoning figure below, the Project site is zoned PCI; however, the adjacent properties to the north and east are zoned CM-3. The proposed land use classification and zoning designation sought by the applicant is consistent with the surrounding properties and would not be deemed spot zoning.

October 4, 2022

General Plan Consistency

The Project is consistent with the General Plan vision, which identifies Macdonald Avenue and the surrounding properties as an active, pedestrian-friendly, mixed-use corridor, including commercial, residential, and open space that serves the entire community.

The following list highlights a selection of the General Plan goals and policies that the Project supports or accomplishes:

 The Project would encourage the sensitive integration of built and natural environment to develop a high-quality experience. (Goal LU 4).  The Project would meet future housing needs within City limits through redevelopment of a vacant property with mixed-use construction offering a range of housing types. (Goal LU6, Policy LU6.1).
 The project would help promote a balanced supply of housing types, densities, and prices to meet the needs of all income groups (Goal H-1) and promote the expansion of housing opportunities for all special needs groups, including female-headed households, persons with disabilities, large families, and homeless individuals and families. (Goal H-3).
 The Project achieves a higher standard for housing design, exceeds current green building standards, and pedestrian friendly design. (Policy LU 6.5 & Goal CF3).
 The Project would include new, sustainable technology, including electric vehicle chargers and solar panels. (Goal CR 5).
 The Project would promote sustainable development patterns by creating a mixed-use community, retrofitting existing buildings, and constructing streetscape improvements. (Goal EC 4).

PCI

CM-4

October 4, 2022
If the General Plan Amendment and Rezoning are approved by the City Council, the project would conform with most of the CM-3 zoning district development standards. In this zoning district, mixed-use multi-unit dwellings and commercial developments are permitted at a density range of up to 50 dwelling units per acre and intensity of 2.0, meaning the subject site could be developed with up to 144 units. The proposed density is 47.5 dwelling units per acre. The proposed affordable housing is requesting a Density Bonus for the purposed of obtaining waiver for certain development standard that cannot be achieved without decreasing the density of development or affordability of the units. The Table below summarizes the required development standards for the CM-3 zoning district and the project’s consistency.

DEVELOPMENT STANDARDS

Site Features Existing Proposed Required Min. Lot Size:
123,710 SF (2.84- acre) No change
5,000 SF min,
Building Height *
Building A (E):

Building B (P):

31 feet
N/A
31 feet
56’-4”

55 feet max.

Floor Area Ratio (Non-
residential): N/A 0.08

2.0 Setbacks:

Front Yard: 74 feet (Building A) 5 feet (Building B)

0’
Side Yard: 22 feet (West Side of
Building A)
7’-6” (East Side of
Building B)
0’
Rear Yard: ±140 feet ±100 feet 0’
Number of Parking Spaces
** N/A 123 spaces

166 spaces
(Residential)
12 (Non-Residential)
178 TOTAL
Open Space***

Private:

Common:

N/A

Building A: None
Building B: None

Building A: 9,509 SF
Building B: 6,872 SF
16,381 SF

Building A: 3,540 SF
Building B: 4,560 SF
8,100 SF
Building A: 11,800 SF
Building B: 15,200 SF
27,000 SF

Density Bonus Related Waivers:

The applicant proposes a 100 percent affordable and supportive housing development.

The applicant has elected not to request any increase in density. However, any project eligible for a density bonus (Gov. Code, § 65915) is also eligible for “concessions” and “waivers.” “Concessions” provide cost reductions to help facilitate affordable housing. “Waivers” means waiver of development standards that, if applied, would physically

October 4, 2022
preclude a project’s construction at density otherwise permitted by law.

Pursuant to Bankers Hill 150 v. City of San Diego (2022) 74 Cal. App. 5th 755, the City must grant waivers to permit a density bonus project to be built as designed unless a waiver would violate state or federal law(s); have an adverse impact on a property listed on the California Historical Register; or have a specific, adverse health or safety impact that cannot be mitigated. The applicant does not seek to build any bonus units, any incentives, or concessions. The applicant requests the following waivers: 1) Open space reduction; 2) Parking reduction; and 3) building height increase.

Open Space: The project does not meet the minimum private and common open space requirements. Private open space is required in the amount of 60 square feet per unit.

The total requirement is 8,100 square feet of private open space (135 units x 60 sf). The applicant requests a 100 percent reduction of the private open space requirement.

Common open space is required in the amount of 200 square feet per unit. The total requirement is 2,700 square feet of common open space (135 units x 200 sf). The applicant requests a 62 percent reduction of the required common open space.

Off-street Parking Requirement: The project does not meet the minimum off-street parking requirement per Section 15.04.607 of the Zoning Ordinance. A total of 123 parking spaces are proposed (178 parking spaces are required). The applicant requests a 30 percent reduction of the off-street parking requirement.

Building Height: The proposed height of the new building is 56’-4” feet as measured from grade to the roof line. The maximum height in the CM-3 Zoning District is 55 feet.

The applicant requests a waiver for 1’-4” over the height limit.

The City must approve the above applicant-requested waivers because the waivers do not violate state or federal law; would not have an adverse impact on a property listed on the California Register; nor would they impact health or safety. While the Density bonus waiver are not discretionary, the overall request for a General Plan Amendment and Rezoning are discretionary.

Design Review Board Recommendation:

A public hearing to consider the project design and requested waivers was held before the Design Review Board (DRB) on July 27, 2022. At the conclusion of the public hearing, the DRB unanimously recommended approval of the proposed project to the Planning Commission, subject to conditions, most of which have been incorporated into the project plans, as shown in Exhibit D of Attachment 1.

Planning Commission Recommendation:

A public hearing to consider the Addendum to the General Plan Final Environmental Impact Report (FEIR), General Plan Amendment, Rezoning, Major Design Review, and Density Bonus waivers was held before the Planning Commission on August 18, 2022.

The Planning Commission unanimously recommended approval of the proposed project

October 4, 2022
to the City Council, subject to conditions as noted in Exhibit E of Attachment 1.

General Plan Amendment, Rezoning, and Major Design Review Findings:

The City Council must adopt certain findings in approving a General Plan Amendment pursuant to Richmond Municipal Code (RMC) Section 15.04.813.050, Zoning Map Amendment per Section 15.04.814.050, and Major Design Review per Section

15.04.805.050. The required findings with supporting statements of fact are contained in the draft Resolution in Attachment 1 and draft Ordinance in Attachment 2. The recommended conditions of approval for the Project are also attached as Exhibit E to the Resolution in Attachment 1.

ENVIRONMENTAL REVIEW:

Upon completion of an Environmental Initial Study/Consistency Checklist, prepared by First Carbon Solutions, dated July 13, 2022, the proposed project is found to be in conformance with the analysis and conclusions of the General Plan FEIR (State Clearinghouse No. 2008-022018). The General Plan FEIR adequately anticipated and described the impacts of the proposed project, and an Addendum to the General Plan EIR was prepared. The evaluation presented in the Addendum (see Exhibit A of Attachment 1) explains the substantive evidence supporting a conclusion that the proposed project is within the scope of the General Plan FEIR. Certain mitigation measures identified in the General Plan FEIR are required to be incorporated into the project to ensure any potentially significant impacts are reduced to less than significant levels (see Exhibit B of Attachment 1).

NEIGHBORHOOD COUNCIL:

City staff has received correspondence from the Park Plaza and North and East Neighborhood Councils supporting the project. A letter was also submitted from a surrounding property owner expressing concern with traffic and limited parking in this area (see letters in Attachment 3).

CONCLUSION:

The proposed development will further the objectives of the General Plan 2030 to generate jobs and economic activity within the City of Richmond while also meeting the City’s goal in achieving its Regional Housing Needs Allocation. The proposed project is compatible with the surrounding area and is consistent with the Commercial Mixed- Use General Plan land use classification. Based on the Findings and Statements of Facts (see Attachments 1 and 2), City staff recommends that the City Council approve the project, subject to conditions.

DOCUMENTS ATTACHED:

Attachment 1: Draft Resolution

October 4, 2022
Exhibit A: Addendum to the General Plan FEIR
Exhibit B: Mitigation Measures
Exhibit C: General Plan Amendment Map
Exhibit D. Project Plans

Attachment 2: Draft Ordinance for Rezoning
Exhibit A: Zoning Map Existing/Proposed

Attachment 3: Comment Letters

Attachment 4: Affordable Housing Developments Map

1 RESOLUTION No. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND

ADOPTING AN ADDENDUM TO THE GENERAL PLAN FINAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE #2008-022018) AND ASSOCIATED

MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING A

GENERAL PLAN AMENDMENT, MAJOR DESIGN REVIEW, AND DENSITY BONUS FOR WAIVERS FOR A MIXED-USE 135-UNIT AFFORDABLE AND SUPPORTIVE HOUSING AND COMMERICAL DEVELOPMENT (PLN 21-023), SUBJECT TO FINDINGS AND

CONDITIONS HEREIN
WHEREAS, Eden Housing Inc., on behalf of the property owner, Contra Costa County (collectively, the “applicant”), requests approval of a General Plan Amendment to change the land use designation from Public, Cultural, and Institutional to Medium Intensity Mixed Use (Commercial Emphasis), a Zoning Map Amendment to Rezone the project site from PCI (Public, Cultural, and Institutional) to CM-3 (Commercial Mixed-Use), Major Design Review, and Density Bonus for purpose of obtaining waivers for the construction of a mixed-use development consisting of 135 affordable residentia l units and 10,000 square feet of commercial space (“Project”) at 1 00 38th Street (“subject site”) , with associated site improvements including parking, landscaping, and lighting; and

WHEREAS, the proposed Project is subject to the requirements of the California Environmental Quality Act, as amended (Public Resources Code Sections 21000-21178), and the California Environmental Quality Act Guidelines (California Code of Regulations Title 14, Chapter 3) (collectively, “CEQA”); and

WHEREAS, on April 24, 2012, the Council adopted the CEQA Findings of Fact, Statement of Significance, and Mitigation Monitoring and Reporting Program, and certified the Environmental Impact Report, for the Richmond General Plan 2030 (SCH#2008022018) (the “Richmond General Plan 2030 EIR”); and

WHEREAS, pursuant to CEQA Guidelines Section 15164, the City has prepared a proposed addendum affirming that the analysis contained in the Richmond General Plan 2030 EIR adequately addresses the potential physical impacts associated with the proposed Project (the “proposed Addendum”); and

WHEREAS, the proposed Addendum demonstrates that none of the conditions described in CEQA Guidelines Section 15162 requiring the preparation of a subsequent EIR or negative declaration have occurred; and

WHEREAS, on July 27, 2022, the Design Review Board held a public hearing to consider a recommendation to the Planning Commission of the design and Density Bonus waiver of the Project and voted to recommend approval with conditions; and

WHEREAS, on August 18, 2022, the Planning Commission (the “Commission”) held a public hearing to consider recommending adoption of the Addendum to the General Plan FEIR with associated Mitigation Monitoring and Reporting Program (MMRP) , and approving a

2 General Plan Amendment , Rezoning, Design Review, and Density Bonus waivers for the Project; and

WHEREAS, the Commission adopted Planning Commission Resolution No. 22-10 recommending Council adoption of the Addendum to the General Plan FEIR with associated MMRP, and approving a General Plan Amendment, Rezoning, Design Review, and Density Bonus waivers for the Project, subject to conditions; and

WHEREAS, on October 4 , 20 22, the Council held a duly noticed public hearing to consider adoption of the Addendum to the General Plan FEIR with associated MMRP, and approving a General Plan Amendment, Rezoning, Design Review, and Density Bonus waivers for the Project; and

WHEREAS, the City Council has considered the agenda report, all public comments, and the proposed Project materials, as set forth in this Resolution and the applicable provisions of the Richmond Municipal Code (“the Record”).

NOW THEREFORE BE IT RESOLVED, that the City Council hereby adopts the Addendum to the General Plan FEIR, attached as Exhibit A, and incorporated herein by reference based on the following findings:

1) Based on the analysis and documentation in the Addendum and the supportive environmental checklist prepared for the proposed project, none of the situations described in CEQA Section 21166 and CEQA Gui delines Sections 15162 and 15163 apply here. Based on the results of the supportive environmental checklist, the City has concluded that the proposed project would not result in new significant adverse impacts nor an increase in the severity of impacts ide ntified and studied in the certified General Plan Update EIR. None of the conditions requiring a supplemental or subsequent EIR exists and the Addendum has been prepared in compliance with CEQA; and

2) The Addendum has been prepared in accordance with CEQA, and the CEQA Guidelines; and

3) The Addendum has been presented to the City who has reviewed and considered the information in the Addendum and certified General Plan Update FEIR prior to approving the Project; and

4) The Addendum and the certified General Plan FEIR reflect the City’s independent judgment and analysis.

BE IT FURTHER RESOLVED that the City Council approves the proposed General Plan Amendment to modify the land use classification from Public, Civic, and Institutional to Medium Intensity Mixed-Use (Commercial Emphasis) as specified in Exhibit C, based on the following findings:

A. The proposed amendment will contribute to the public health, safety, and general welfare or will be of benefit to the public.

3 Supporting Statement of Fact: Satisfied. The project is a mixed-use development consisting of 135 affordable units with 10,000 square feet development with associated site improvements including parking, landscaping, and lighting that will further the objectives of the General Plan 2030 to generate jobs and economic activity within the City of Richmond while als o meeting the City’s goal s of increasing the number of affordable housing units.

Existing land uses surrounding the site comprise predominantly civic, commercial, and residential uses consistent with the proposed development. The project will establish a new residential community and include improvements that will enhance the area by activating a vacant building. As illustrated in Exhibit C, the existing land use classification of the site is PCI, Public, Cultural and Institutional. The proposed General Pl an land use classification of Medium Intensity Mixed -Use (Commercial Emphasis) is consistent with the surrounding mixed-use land use designations in the area.

B. The proposal is consistent with the General Plan goals unless the goals themselves are proposed to be amended.

Supporting Statement of Fact: Satisfied. The project is consistent with the proposed CM-3, Commercial Mixed -Use District . In this zone, mixed-use, multi-family unit and commercial projects are permitted at a density range of up to 50 dwelling units per acre.

The proposed density is 47.5 dwelling units per acre, allowing up to 144 dwelling units on this 2.84 acre site.

The project is also consistent with various goals under the Gen eral Plan, such as Goal LU1 which encourages higher-density and infill mixed-use residential developments that are affordable on vacant and underutilized parcels. The project will also promote a balanced supply of housing types, densities, and prices to me et the needs of all income groups (Goal H -1) and promote the expansion of housing opportunities for all special needs groups, including female -headed households, persons with disabilities, large families, and homeless individuals and families. (Goal H-3).

C. The proposed amendment retains the internal consistency of the General Plan and is consistent with other adopted plans, unless a concurrent amendment to those plans is also proposed and will result in consistency.

Supporting Statement of Fact: Satisfied. The General Plan amendment from Public Cultural Institutional to Medium Intensity Mixed -Use (Commercial Emphasis) land use classification will retain the internal consistency with the General Plan, such as the goal of improving the urban fabric by crafting development strategies that emphasize high - density development near transit and promote diverse housing types anticipated to meet these needs of special needs populations.

D. The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.

4 Supporting Statement of Fact: Satisfied. The evaluation presented in the Environmental Checklist in Exhibit A explains the substantive evidence supporting a conclusion that the proposed project is within the scope of the General Plan FEIR, and therefore, an Addendum under CEQA Guidelines Section 15164 to the General Plan FEIR was prepared and MMRP will be incorporated as conditions of approval.

BE IT FURTHER RESOLVED that the City Council approves the proposed Major Design Review as specified in Exhibit D, based on the following findings:

A. The General Plan and any applicable specific plans;
Supporting Statement of Fact: Conditionally Satisfied. After the approval of the General Plan Amendment, Rezoning, Design Review and Density Bonus waivers, the proposed project will comply with all applicable development standards in the Richmond Zoning Ordinance and the General Plan.

B. Any applicable design guidelines;
Supporting Statement of Fact: There are no applicable design guidelines in this neighborhood.

C. Any approved tentative map, Use Permit, Variance, or other planning or zoning approval that the project required; and
Supporting Statement of Fact: Conditionally Satisfied. The project requires approval of a General Plan Amendment, Rezoning, and Density Bonus for the purpose of obtaining waivers. These entitlements are required to be approved by the City Council.

D. The design review criteria in Section 15.04.805.040:

The project must satisfy these criteria to the extent they apply. Criteria Met? A. The overall design of the project, including its scale, massing, site plan, exterior design, and landscaping, reflects design integrity and the relationship of form and function in a coherent manner.

Yes No

B. The project design evidences a sense of place; does not overwhelm or adversely impact adjoining properties; and respects prevailing setbacks and the scale and heights of neighboring buildings and how they relate to the street.

Yes No

C. The project’s design elements, materials, signage, and landscaping are internally consistent, fully integrated with one another, and applied in a manner that is visually consistent with the proposed architectural design.

Yes No

D. Lighting and lighting fixtures are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, and avoid creating glare.

Yes No
E. The proposed building design and landscaping supports public safety and security by allowing for surveillance of the street by people inside buildings and elsewhere on the site. Yes No F. Landscaping is designed to be compatible with and enhance the architectural character of the buildings on site. Proposed planting materials avoid conflicts with views, lighting, and signage.

Yes No

5 Supporting Statement of Fact (A to C, E, and F): Conditionally Satisfied. The proposed building will be well-composed and balanced and will be an asset to the surrounding area. The building elevations will incorporate architectural elements, such as substantial building projections, open space court areas, and a color scheme th at will embrace a contemporary style. The courtyards and open space areas would allow for a wide range of amenities for tenants, including landscaping, seating areas, ornamental trellises, and tot play areas. The units are well designed with efficient floor plans and amenities. Therefore, the project will add to the City’s overall effort to provide a variety of residential housing types.

The proposed design and characteristics of the two buildings will be compatible and enhance the urban fabric of the su rrounding area. The project will provide ground floor commercial uses including Offices, Retail, and Community Assembly YMCA, which are consistent with the land uses in this area. The proposed building does not create visual impacts to persons living, working, or traveling through the neighborhood. Given that the conditions of approval will be incorporated, the project will be further design to minimize any potential impacts on adjacent properties.

Supporting Statement of Fact (D): Conditionally Satisfied. Condition of approval No.3 will ensure lighting and lighting fixtures are designed to avoid creating glare. The proposed building design supports public safety and security by allowing for surveillance of the street by people inside buildings and elsewhere on the site.

BE IT FURTHER RESOLVED that the City Council approves the proposed Density Bonus waivers for: 1) Open Space reduction; 2) Parking Reduction; and 3) Building Height increase and finds the requested waivers: 1) will not have an adverse impact on a property listed on the California Historical Register; 2) will not violate State and Federal law; and 3) will not result in specific adverse health or safety impact that cannot be mitigated.

BE IT FURTHER RESOLVED that the City Council does hereby adopt the Addendum to the General Plan FEIR and associated MMRP, in Exhibits A and B, and approves the General Plan Amendment, Design Review, and Density Bonus for purpose of waivers as set forth in Exhibits C and D (PLN21-023), subject to the following conditions of approval:

1. Development is to be constructed in compliance with the Project Plans in Exhibit A, attached, submitted to and date stamped July 19, 2022, by the Planning Division. Any minor modifications shall be reviewed by the Zoning Administrator who shall determine whether the modification requires additional approval.

2. All mitigation measures set forth in the Mitigation Monitoring Reporting Program (MMRP) shall be implemented by the applicant.

3. Indemnification: The Applicant agrees, on behalf of themself, their successor(s) -in- interest and assigns, to defend, indemnify, and hold harmless the City, its Council, DRB, advisory boards, officers, employees, consultants and agents (hereinafter "City") from any claim, action or proceeding (hereinafter "Proceeding") brought against the

6 City to attack, set aside, void or annul the City's actions regarding any development or land use permit, application, license, denial, approval or authorization, including, but not limited to, variances, use permits, developments plans, specific plans, general plan amendments, zoning amendments, approvals and certifications pursuant to CEQA, and/or any mitigation monitoring program, or brought against the City due to acts or omissions in any way connected to the Applicant's Original or Revised Project(s), but excluding any approvals governed by Government Code Section 66474.9. This indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and costs of suit, attorney’s fees and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by Applicant or City. If Applicant is required to defend the City as set forth above, the City s hall retain the right to select the counsel who shall defend the City.

4. Inclusionary Housing and Density Bonus Law Requirements: The Project shall comply with Article 15.04.603 of the Zoning Ordinance and requirements of the State Density Bonus Law (Government Code Section 65915). Prior to issuance of a building permit, the Applicant shall enter into and record a written agreement with the City as specified in Section 15.04.603.110 restricting the affordable rents on the units.

5. The Project shall meet the requirements of Richmond Municipal Code (RMC) Chapter

12.62 by either including on-site publicly accessible art valued at one percent (1%) of the Building Development Cost or by paying an in-lieu contribution of one percent (1%) of the Building Development Cost to the City’s Public Art Project account as set forth in Section 12.62.050. Building Development Cost shall be as defined in the RMC Chapter 12.62.

6. The Project shall comply with RMC Chapter 9.64, which prohibits use of natural gas infrastructure in newly constructed buildings.

7. The Project shall be effective on the same date as the ordinance designating the new Zoning District for which the Project was approved and shall expire in five years after the effective date unless a building permit has been issued and construction diligently pursued.

8. All conditions of approval shall be written on the first page of the construction plans submitted for review and approval. All conditions of approval shall be on, at all times, all grading and construction plan s, which shall be kept on the project site. It is the responsibility of the building developer to ensure that the project contractor and construction crew is aware of, and abides by, all conditions of approval.

9. Lighting installed throughout the site shal l consist of pedestrian -friendly lighting at a human-scale height. Lighting shall also be consistent with International Dark -Sky Association guidelines and include any shielding necessary to limit the amount of light spill over to residential areas. LEDs shall be 3,000K maximum with warm light.

10. All new electrical line connections to the site shall be under grounded to the satisfaction of the City Engineer and Director of Community Development.

7 11. Any relocation of existing improvements or public utilities shall be accomplished under the direction of that utility company’s requirement at no expense to the City or Utility Company.

12. The applicant shall repair all damaged sidewalk, pavement, existing curb and gutter along the project frontage to the satisfaction of the Director of Community and City Engineer prior to occupancy. The applicant shall replace any damaged landscaping, or street improvements caused by the installation of utility services and construction of the project site to the satisfaction of the City Engineer and Director of Community Development.

13. Encroachment agreements shall be obtained from the Director of Engineering and Public Works for all access improvements, drains, driveways, or related improvements.

Said Agreement shall be reviewed and approved by the City Attorney as to legal form and content prior to the issuance of any building permits. The encroachment permit shall be obtained prior to issuance of the building permit.

14. A grading permit issued for the project shall be in accordance with the Excavation, Grading and Earthwork Construction Ordinance (Chapter 12.44 of the Richmond Municipal Code). Grading shall be subject to the approval of the City Engineer.

15. Fire hydrants shall be installed at locations specified by the Fire Department in compliance with City requirements.

16. An automatic fire sprinkler and auto fire alarm system shall be provided for all buildings.

Plans shall be submitted to the Fire Department for review and, if found to be acceptable, approval prior to installation.

17. Illuminated building street address numbers, and emergency vehicle access shall be provided as required by the Fire Department.

18. The color of the corrugated metal material shall be replaced by a warmer color (kynar finish, Buckskin or equal, fasteners to match color).

19. Fence detail in front shall be modified. See fence detail (#5 page L1.4) wood shall be used on both sides. Use S.S. flat head fasteners - counter sunk. Seal end grain prior to application.

20. The tree at the entry plaza shall be medium to large evergreen tree.

21. The proposed fire equipment in front of Building A shall be moved to the west corner 10 feet from the front property line to allow for landscape screening. Final location shall be approved by the Fire Department.

22. The stucco material of the wall between the lower level and second floor -level guard railing community open space shall be corrugated metal.

8 23. A traffic calming addition consisting of a 10-foot-wide raised sidewalk at the level of the adjacent sidewalks centered on the entry gates in front of building B shall be provided, subject to the approval of the Fire Department.

24. Option No.2 shall be used for the east elevation of Building B as depicted o n page A302A.

25. The composite material to be Trespa, "Thermory" modified wood siding or equal.

Exhibit A: Addendum to General Plan FEIR
Exhibit B: Mitigation Monitoring and Reporting Program Exhibit C: General Plan Amendment Map
Exhibit D: Project Plans

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

I HEREBY CERTIFY that the foregoing resolution was adopted by the City Council of the City of Richmond at a regular meeting held on October 4, 2022 by the following vote.

Ayes:

Noes:

Absent:

Abstain:

_____________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

________________________
THOMAS K. BUTT
Mayor

Approved as to Form:

___________________________

DAVE ALESHIRE
City Attorney

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WWW.FIRSTCARBONSOLUTIONS.COM
Initial Study/Consistency Checklist and Addendum to the Richmond General Plan Final EIR
100 38th Street Project
City of Richmond, Contra Costa County, California
Prepared for:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
510.620.6706
Contact: Hector Lopez, Senior Planner
Prepared by:

FirstCarbon Solutions
1350 Treat Boulevard, Suite 380
Walnut Creek, CA 94597
925.357.2562
Contact: Mary Bean, Project Director
Elizabeth Johnson, Project Manager
Date: July 13, 2022

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City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Table of Contents

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Acronyms and Abbreviations ............................................................................................................ v Section 1: Introduction ..................................................................................................................... 1

1.1 - CEQA Assessment ................................ ................................ ................................ ......... 1

1.2 - Summary of Results ................................ ................................ ................................ ...... 1 Section 2: Project Description ........................................................................................................... 3

2.1 - Project Location and Setting ................................ ................................ .......................... 3

2.2 - Project Background and Previous Environmental Review ................................ ............... 3

2.3 - Project Description................................ ................................ ................................ ........ 4

2.4 - Project Comparison With Development Planned in General Plan EIR ............................. 7

2.5 - Discretionary Approvals ................................ ................................ ................................ 7 Section 3: CEQA Guidelines Section 15168: Projects Consistent with Prior Environmental Documentation .................................................................................................................. 27 Section 4: Environmental Checklist ................................................................................................. 29 I. Aesthetics, Light, and Glare ................................ ................................ ....................... 30 II. Agricultural and Forest Resources ................................ ................................ ............. 35 III. Air Quality ................................ ................................ ................................ ................ 39 I V. Biological Resources ................................ ................................ ................................ . 65 V. Cultural and Tribal Cultural Resources ................................ ................................ ....... 76 VI. Geology, Seismicity, and Soils ................................ ................................ .................... 83 VII. Greenhouse Gas Emissions and Energy ................................ ................................ ..... 90 VIII. Hazards and Hazardous Materials ................................ ................................ ........... 106 IX. Hydrology and Water Quality ................................ ................................ .................. 112 X. Land Use and Planning ................................ ................................ ............................ 119 XI. Mineral Resources ................................ ................................ ................................ .. 125 XII. Noise ................................ ................................ ................................ ...................... 127 XIII. Population and Housing ................................ ................................ .......................... 138 X I V. Public Services ................................ ................................ ................................ ........ 141 XV. Recreation ................................ ................................ ................................ .............. 145 XVI. Transportation ................................ ................................ ................................ ........ 147 XVII. Utilities and Service Systems ................................ ................................ ................... 152 XVIII. Wildfire ................................ ................................ ................................ .................. 157 Section 5: List of Preparers ........................................................................................................... 165

Richmond General Plan Mitigation Monitoring and Reporting Program Air Quality, Greenhouse Gas Emissions, and Energy Supporting Information Biological Resources Assessment Supporting Information
Cultural Resources Supporting Information
Geology and Soils Supporting Information
Hazards and Hazardous Materials Supporting Information
Noise Supporting Information
Traffic Supporting Information

City of Richmond–100 38th Street Project
Table of Contents Initial Study/Consistency Checklist and Addendum

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx List of Tables
Table 1: Comparison of Land Use Designation on the Project Site under the General Plan EIR and Proposed Project ................................ ................................ ................................ 7 Table 2: Project Consistency with Applicable Clean Air Plan Control Measures ................................ . 42 Table 3: Preliminary Construction Schedule ................................ ................................ ..................... 47 Table 4: Construction Emissions (Unmitigated Average Daily Rate) ................................ ................... 48 Table 5: Average Daily Operational Emissions (Unmitigated) ................................ ............................ 49 Table 6: Annual Operational Emissions (Unmitigated) ................................ ................................ ...... 50 Table 7: Project DPM Construction Emissions ................................ ................................ .................. 54 Table 8: Estimated Health Risks and Hazards during Project Construction—Unmitigated.................. 56 Table 9: Estimated Health Risks and Hazards during Project Construction—Unmitigated.................. 57 Table 10: Summary of the Cumulative Health Impacts at the MIR during Construction .................... 59 Table 11: Odor Screening Distances ................................ ................................ ................................ . 62 Table 12: Construction GHG Emissions ................................ ................................ ............................. 92 Table 13: Operational GHG Emissions ................................ ................................ .............................. 93 Table 14: Consistency with the Richmond CAP ................................ ................................ ................. 95 Table 15: Consistency with SB 32 2017 Scoping Plan Update ................................ ............................ 96 Table 16: Existing Traffic Noise Levels Summary ................................ ................................ ............. 123 Table 17: Traffic Noise Model Results Summary ................................ ................................ ............. 133 Table 18: Trip Generation Summary ................................ ................................ ............................... 148

List of Exhibits
Exhibit 1: Regional Location Map ................................ ................................ ................................ ....... 9 Exhibit 2: Local Vicinity Map ................................ ................................ ................................ ............ 11 Exhibit 3: Site Photographs ................................ ................................ ................................ .............. 13 Exhibit 4: Site Plan ................................ ................................ ................................ ........................... 15 Exhibit 5: Proposed Elevations of Building A ................................ ................................ .................... 17 Exhibit 6: Proposed Elevations of Building B ................................ ................................ ..................... 19 Exhibit 7: Proposed Renderings Looking East ................................ ................................ ................... 21 Exhibit 8: Proposed Renderings Looking South ................................ ................................ ................. 23 Exhibit 9: Preliminary Landscape Plan ................................ ................................ .............................. 25 Exhibit 10: CNDDB Special-status Species Occurrences (5-mile radius) ................................ ............. 69

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Acronyms and Abbreviations

FirstCarbon Solutions v
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ACRONYMS AND ABBREVIATIONS
µg/m3 micrograms per cubic meter
°F degrees Fahrenheit
°C degrees Celsius (Centigrade)
AB Assembly Bill
ABAG Association of Bay Area Governments
ACT Advanced Clean Truck
ACTM Airborne Toxics Control Measure
ADA Americans with Disabilities Act
ADT Average Daily Traffic
AEMOD American Meteorological Society/EPA Regulatory Model ALUP Airport Land Use Plan
APN Assessor’s Parcel Number
ARB California Air Resources Board
AST above ground storage tank
AQP Air Quality Plan
BAAQMD Bay Area Air Quality Management District
BART Bay Area Rapid Transit
BERD California Built Environment Resource Directory
BGS below ground surface
BIOS 5 Biogeographic Information and Observation System BMP Best Management Practice
CalEEMod California Emissions Estimator Model
CAL FIRE California Department of Forestry and Fire Protection CALGreen California Green Building Standards Code
CalRecycle California Department of Resources Recycling and Recovery Caltrans California Department of Transportation
CAP Climate Action Plan
CARE Community Air Risk Evaluation
CASQA California Stormwater Quality Association
CBC California Building Standards Code
CCTA Contra Costa Transportation Authority
CDFW California Department of Fish and Wildlife
CEC California Energy Commission
CEQA California Environmental Quality Act
CIWMB California Integrated Waste Management Board

City of Richmond–100 38th Street Project
Acronyms and Abbreviations Initial Study/Consistency Checklist and Addendum

vi FirstCarbon Solutions
Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx CNDDB California Natural Diversity Database
CNEL Community Noise Equivalent Level
CNPS California Native Plant Society
CNPSEI California Native Plant Society Electronic Inventory CO carbon monoxide
CPT Cone Penetration Test
CRHR California Register of Historical Resources
CWS Community Warning System
dBA A-weighted decibel
dB decibel
DPM diesel particulate matter
DTSC California Department of Toxic Substances Control
EBMUD East Bay Municipal Utility District
EIR Environmental Impact Report
EMFAC Emissions Factors mobile source emissions model
EPA United States Environmental Protection Agency
ESA Environmental Site Assessment
ESL Environmental Screening Level
FAR floor area ratio
FCS FirstCarbon Solutions
FEIR Final Environmental Impact Report
FEMA Federal Emergency Management Agency
FHSZ Fire Hazard Severity Zone
FMMP Farmland Mapping and Monitoring Program
FTA Federal Transit Administration
GHG greenhouse gas
GIS Geographic Information System
GPA General Plan Amendment
HCP Habitat Conservation Plan
HRE Historic Resource Evaluation
HVAC heating, ventilation, and air conditioning
in/sec inches per second
IPaC Information for Planning and Consultation
IS/MND Initial Study/Mitigated Negative Declaration
ITE Institute of Transportation Engineers
IW Water-Related Industrial
LCFS low carbon fuel standard
Ldn day-night average sound level

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Acronyms and Abbreviations

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx Leq equivalent sound level
Lmax maximum sound level
LOS Level of Service
LRA Local Responsibility Area
LUST Leaking Underground Storage Tank
MBTA Migratory Bird Treaty Act
MCL maximum contaminant level
mgd million gallons per day
MIR Maximally Impacted Sensitive Receptor
MMRP Mitigation Monitoring and Reporting Program
mph miles per hour
MRP Municipal Regional Permit
MRZ Mineral Resource Zone
MTC Metropolitan Transportation Commission
MTSO Multimodal Transportation Service Objectives
NAAQS National Ambient Air Quality Standards
NAHC Native American Heritage Commission
NCCP Natural Community Conservation Plan
NFHL National Flood Hazard Layer
NOx oxides of nitrogen
NOAA National Oceanic and Atmospheric Administration
NPDES National Pollutant Discharge Elimination System
NRHP National Register of Historic Places
NTWS United States National Tsunami Warning Center
NWIC Northwest Information Center
OEHHA California Office of Environmental Health Hazard Assessment OES Office of Emergency Services
OHP California Office of Historic Preservation
OPR Governor’s Office of Planning and Research
PCI Public, Cultural, and Institutional
PG&E Pacific Gas and Electric Company
PM2.5 particulate matter less than 2.5 microns in diameter PM10 particulate matter less than 10 microns in diameter PPV peak particle velocity
PV photovoltaic
REC recognized environmental concern
RecycleMore West Contra Costa Integrated Waste Management Authority RFD Richmond Fire Department

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Acronyms and Abbreviations Initial Study/Consistency Checklist and Addendum

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx REL Reference Exposure Level
ROG reactive organic gases
RPS Renewable Portfolio Standard
RWQCB Regional Water Quality Control Board
SB Senate Bill
SLF Sacred Lands File
SMARA Surface Mining and Reclamation Act
SMP Site Management Plan
SRA State Responsibility Area
SSMM start-up, shutdown, maintenance, and malfunction
State Water Board California State Water Resources Control Board SWPPP Storm Water Pollution Prevention Plan
TAC toxic air contaminant
TCR Tribal Cultural Resources
TDM Transportation Demand Management
TIA Traffic Impact Analysis
TPH Total Petroleum Hydrocarbons
USDA United States Department of Agriculture
USFWS United States Fish and Wildlife Service
UST underground storage tank
UWMP Urban Water Management Plan
VHFSZ Very High Fire Severity Zone
VMT Vehicle Miles Traveled
VOC volatile organic compound
WCCTAC West Contra Costa Transportation Advisory Commission WCCUSD West Contra Costa Unified School District
WTP Water Treatment Plant
WWTP Wastewater Treatment Plant
ZEV Zero-Emission Vehicle

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Introduction

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx SECTION 1: INTRODUCTION
This Initial Study, Consistency Checklist, Addendum, and attached supporting documents have been prepared to determine whether and to what extent the Richmond General Plan 2030 Final Environmental Impact Report (General Plan FEIR, State Clearinghouse No. 2008022018) prepared for the City of Richmond remains sufficient to address the potential impacts of the proposed 100 38th Street Project (proposed project), or whether additional documentation is required under the California Environmental Quality Act (CEQA) (Public Resources Code [PRC], § 21000, et seq.).

1.1 - CEQA Assessment
The following Environmental Checklist has been prepared pursuant to CEQA Guidelines Section 15162 (Subsequent Environmental Impact Reports [EIRs] and Negative Declarations) and 15168 (Projects Consistent with Program EIR) to determine whether substantial evidence indicates the proposed project requires additional environmental review. The proposed project would make modifications to the Richmond General Plan as compared with the version analyzed in the General Plan FEIR, and this Environmental Checklist also serves as an addendum to the General Plan FEIR pursuant to CEQA Guidelines Section 15164 (Addendum to an EIR or Negative Declaration) that documents the changes necessary and provides evidence in support of the conclusion that none of the conditions triggering additional environmental review have occurred.

1.2 - Summary of Results
As illustrated by the following Environmental Checklist, none of the conditions described in CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. This determination is based on the following criteria:

1. There are no substantial changes in the proposed project that will require major revisions of the Richmond General Plan 2030 FEIR;

2. There are no substantial changes with respect to the circumstances under which the project will be undertaken that require major revisions of the General Plan FEIR;

3. There is no new information of substantial important, that was not known and could not have been know, that shows a new or more severe impact than analyzed in the General Plan FEIR, and

4. There are no mitigation measures or alternatives that would substantially reduce project impacts, but that the project proponent declines to adopt.

The evaluation presented in this Environmental Checklist explains the substantial evidence supporting a conclusion that the proposed project is within the scope of the General Plan FEIR, and that no further CEQA documentation is required beyond this Environmental Checklist, which serves as an Addendum under CEQA Guidelines Section 15164.

The General Plan FEIR is available at:

City of Richmond–100 38th Street Project
Introduction Initial Study/Consistency Checklist and Addendum

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx City of Richmond
City Hall
450 Civic Center Plaza
Richmond, CA 94804
http://www.ci.richmond.ca.us/2608/General-Plan-2030

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Project Description

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx SECTION 2: PROJECT DESCRIPTION

2.1 - Project Location and Setting

2.1.1 - Project Location
The proposed 3.1-acre project site is located at 100 38th Street in the City of Richmond, Contra Costa County, California (APN 517-340-004) as shown on Exhibit 1 and Exhibit 2. The project site is within the grounds of the Contra Costa County (Richmond) Superior Court Complex (Court Complex). The project site is bounded by the County Superior Courthouse (west), Bissell Avenue (north), a commercial building (east), and the Bay Area Rapid Transit (BART) tracks (south). The project site is located on the Richmond, California United States Geological Survey (USGS) 7.5-minute Topographic Quadrangle Map, Township 1 North, Range 5 West, Unsectioned (Latitude 37° 55’ 56” North; Longitude 122° 19’ 59” West).

2.1.2 - Existing Development and Land Use Activities
The project site contains a decommissioned 2-story public office building, built in 1966 with a basement and a surface parking lot, and a shared plaza with the Court Complex to the west. The building was previously occupied by the Contra Costa County Health Department. Site photos (Exhibit 3) show the existing building on the site and shows the relationship of the existing building to the Court Complex and surroundings.

2.1.3 - General Plan and Zoning Designations
The project site is designated “Public, Cultural and Institutional” by the City of Richmond General Plan and is zoned “Public, Cultural, and Institutional (PCI)” by the Richmond Zoning Ordinance.

2.2 - Project Background and Previous Environmental Review

2.2.1 - General Plan
The General Plan’s goals and policies represent the City’s overall philosophy on public and private development and provide a foundation for public and private decision-making on related issues. The General Plan provides a framework for development that dictates decisions on how to grow, provide public services and facilities, and protect and enhance the environment. Pursuant to California law (Government Code § 65300) the General Plan is comprehensive, internally consistent, and long range. The General Plan was adopted by the Richmond City Council in 2012. As described above, the project site was designated “Public, Cultural and Institutional” as part of the General Plan.

The General Plan would guide development for the entire City, with the majority of development planned within 16 proposed change areas, in which it is anticipated that there will be new uses, development, and redevelopment. These change areas were determined to be the most suitable for a shift in intended use as compared to existing conditions because many of the change areas are underutilized, have incompatible land uses, high potential for redevelopment, or are inconsistent with current community priorities.

City of Richmond–100 38th Street Project
Project Description Initial Study/Consistency Checklist and Addendum

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2.2.2 - General Plan Environmental Impact Report
The Richmond General Plan Draft Environmental Impact Report (Draft EIR), dated February 2011, was circulated for 45-day public review period in February 2011. Significant, unavoidable impacts to air quality, climate change, cultural resources, noise, public utilities, transportation and circulation, and visual resources were identified in the Draft EIR. A Final EIR was circulated that provided additional mitigation measures to eliminate the significant and unavoidable impacts identified in the Draft EIR, and was certified with adoption of a Mitigation Monitoring and Reporting Program (MMRP) on April 24, 2012. These mitigation measures are listed in Appendix A, Richmond General Plan MMRP.

2.3 - Project Description

2.3.1 - Development Summary
The project applicant, Eden Housing, is proposing to reuse the existing building and build an adjacent 5-story building, in order to develop 135 new affordable multi-family homes along with on-site offices for support staff, and an approximately 8,800 square foot daycare center on the project site.

The proposed development site plan is shown in Exhibit 4, including the existing building (Building A) and the proposed new building (Building B). The proposed project would require a General Plan Amendment (GPA) to change the land use designation to Medium-Intensity Mixed-use (Commercial Emphasis) and a zoning amendment to change the zoning to Commercial Mixed Use, Commercial Emphasis (CM-3). The project site is currently owned by Contra Costa County, which previously developed and used the project site for the West County Health Center. Although the structure remains on the project site, the County no longer intends to use the facility and is interested in redeveloping the site.

The proposed project would redevelop the existing building (“Building A”) into 59 units, with a mix of 30 studio apartments, 28 one-bedroom apartments, and one two-bedroom apartment for an on-site manager. The renovations to the building would include the creation of an interior courtyard and the addition of parking in the basement level. Exhibit 5 provides elevations of the building with the proposed renovations. The new 5-story building (“Building B”) would be located directly east of the existing building and would provide a total of 76 units: nine studios, 26 one-bedroom apartments, 20 two-bedroom apartments and 21 three-bedroom apartments. Building B would also provide 8,797 square feet of childcare space. Exhibit 6 shows the proposed elevations for Building B. The project would result in a total of 39 studios, 54 one-bedroom apartments, 21 two-bedroom apartments, and 21 three-bedroom apartments, for a total of 135 new multi-family units.

As a 100 percent affordable housing development, the proposed project is eligible for up to four incentives/concessions, unlimited waivers, and an automatic parking reduction under the State Density Bonus Law (Government Code § 65915).

Under the State Density Bonus Law, the City is precluded from applying any development standards that physically preclude the development of a project that qualifies for a density bonus. Because a portion of the proposed project involves the adaptive reuse of the former West County Health

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Project Description

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx Center, the remainder of the project site would be developed with more intensive uses to reach the density to which the proposed project is entitled. To accommodate the proposed density and configuration of the proposed project, it would be necessary to waive the generally applicable height limitation and building length maximum. Exhibits 5 and 6 illustrate the proposed height and length required to achieve the allowed density for the site, pursuant to State law.

2.3.2 - Design and Appearance
In addition to the interior courtyard in Building A, the existing surface parking lot perpendicular to the existing building, fronting on Bissell Avenue, would be converted to a plaza consisting of both hardscape and soft scape. This plaza would provide for both active and passive use by new resident, the new commercial tenant, childcare families, and existing County court employees and visitors. The existing plaza between Building A and the County Superior Court building would be improved. The plazas and open spaces also would provide public art, satisfying the City of Richmond public art requirement.

2.3.3 - Landscaping (to be completed after design review) Extensive landscaping is proposed for the new plaza, the existing plaza, and the existing parking lots, as well around each building. Planters in the parking lot and around the buildings would provide stormwater drainage and bioretention, with a mix of rushes, sedge, yarrow and penstemon. Exhibit 9 shows the preliminary landscape plan with proposed courtyard improvements and the location of the landscaped interior courtyard. An interior courtyard garden is proposed for Building A.

2.3.4 - Circulation
Vehicular Circulation
Vehicles would enter the site from 37th Street via an existing driveway shared with the Court Complex. Entrance to the underground parking in Building A would be from the south parking lot.

Pedestrian Access
Pedestrian access to both buildings would be primarily from Bissell Avenue. Parking for residents and staff would be provided in the bottom of Building A, and in the parking lot on the south side of the two proposed buildings.

2.3.5 - Parking
Thirty parking spaces would be provided in the underground parking structure in Building A. Eighty- one spaces would be provided in the surface lot on the south side of the project site. Parking areas would be accessed from 37th Street or Bissel Avenue via a shared driveway with the Court Complex.

2.3.6 - Utilities
Water and Wastewater
The proposed project would utilize the existing water and sanitary sewer lines in Bissell Avenue and 39th Street, which extend through the site to serve the existing building.

City of Richmond–100 38th Street Project
Project Description Initial Study/Consistency Checklist and Addendum

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx Storm Drainage
Storm drainage would be collected in bioretention treatment areas before being routing off the site through connections to existing storm drains in the parking lot, Bissell Avenue, and 39th Street. New surfacing for the existing plaza and the new plazas, as well as hardscaping around the two buildings, would utilize pervious paving and bioretention basins, when possible, to reduce the amount of runoff.

Natural Gas and Electricity
Electricity would be provided by Pacific Gas and Electric Company (PG&E). Richmond Ordinance No. 06-20 NS requires all newly constructed buildings to be “all electric.” The proposed project would be all electric, so natural gas would not be provided.

Phasing and Construction
Construction of the proposed project is expected to start in September 2023 and to conclude in July 2025 with a total of 500 workdays. Demolition will start at the beginning of September 2023 and continue through the end of October 2023. The construction schedule would be phased as described below for each building:

Building A
Building A construction/renovation would begin after Demolition has concluded in October 2023 and would conclude in July of 2025
• Building A Building Construction (Renovation) – October 2023 through June 2025 • Building A Architectural Coating (Renovation) – June 2025 through July 2025

Building B
Building B construction would begin at the beginning of September 2023 and would conclude in February 2025.
• Building B Site Preparation–September 2023
• Building B Grading–September 2023 through October 2023 • Building B Building Construction–October 2023 through December 2024 • Building B Paving–December 2024 through January 2025
• Building B Architectural Coating–January 2025 through February 2025

As described above, Building A renovation would occur concurrently with the construction of Building B.

Construction activities would include site grading and earthmoving activities as well as the operation of off-road construction equipment and on-road construction vehicles, vendor trucks, and haul trucks. Air Quality and Noise impacts from construction are further discussed Section III, Air Quality, and Section XII, Noise.

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Project Description

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2.4 - Project Comparison With Development Planned in General Plan EIR As discussed previously, the General Plan includes 16 change areas, where most of the substantial changes are expected to occur. The project site is located within Change Area 1, the Downtown/Macdonald Avenue, which includes the Civic Center, the Richmond BART/Amtrak Station, Kaiser Permanente Hospital, a number of historic buildings, and many public and cultural facilities.

The project site is currently designated as Public, Cultural, and Institution and would require a GPA to allow for the proposed project, changing the designation to Medium Intensity Mixed-Use (Commercial Emphasis). Table 1 below shows the acreage for each of these land use designations for change areas that would be developed under the General Plan EIR and the proposed project.

Table 1: Comparison of Land Use Designation on the Project Site under the General Plan EIR and Proposed Project
Land Use Designation
Proposed Acreage in
General Plan EIR Change
Areas
Proposed Change
in Acreage with
Proposed Project
Change Areas Acreage with
Proposed Project
Medium Density Mixed-Use
(Commercial Emphasis) 290.17 +3.1 293.27
Public, Cultural, and Institutional 51.01 -3.1 47.91
Total 341.18 3.1 341.18

2.5 - Discretionary Approvals
A GPA is required to change the designation of the site from “Public, Cultural and Institutional” to “Medium-Intensity Mixed-Use (Commercial Emphasis).” Altogether, the following permits are required:
• GPA amendment to Medium Intensity Mixed-Use (Commercial Emphasis) • Zoning amendment to CM-3
• Design Review Permit
• Conditional Use Permit
• Lot Line adjustment

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12 29
37 4
24 680
116
780
Carquinez Strait
Sonoma County
Marin County
Contra Costa County
80 80
37 Napa County
Solano County
580
80 Benicia
Vallejo
San RafaelSan Anselmo
Mill Valley
Richmond
San Pablo
Pinole
Hercules
Martinez
Pleasant Hill
Lafayette
Orinda
El Cerrito
Albany
Berkeley
San Francisco
Moraga
Piedmont
Castro Valley
Oakland
Alameda
San Lorenzo
San Leandro
Daly City
South San
Francisco
Napa River
Exhibit 1
Regional Location Map
5 0 52.5
Miles
Text
Project Site
Source: Census 2000 Data, The California Spatial Information Library (CaSIL).

CITY OF RICHMOND
100 38TH STREET PROJECT

INITIAL STUDY/CHECKLIST
21210021 • 07/2021 | 1_regional.mxd
Project Site
101
San Francisco County
San Mateo County
Alameda County

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21210021 • 08/2021 | 2_local_vicinity.mxd
Exhibit 2
Local Vicinity Map
Source: Bing Aerial Imagery.

CITY OF RICHMOND
100 38TH STREET PROJECT

INITIAL STUDY/CHECKLIST
1,400 0 1,400700
Feet
Legend
Project Site

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21210021 • 08/2021 | 3_Site_Photos.cdr
Exhibit 3
Site Photographs

CITY OF RICHMOND
100 38TH STREET PROJECT

INITIAL STUDY/CHECKLIST
Source: BAR Architects, 11/19/2020.

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21210021 • 07/2022 | 4_Site_Plan.cdr
Exhibit 4
Site Plan

CITY OF RICHMOND
100 38TH STREET PROJECT

INITIAL STUDY/CHECKLIST
Source: BAR Architects, 06/06/2022.

I
Project Site

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21210021 • 07/2022 | 5_proposed_elevations_bldgA.cdr
Exhibit 5
Proposed Elevations of Building A

CITY OF RICHMOND
100 38TH STREET PROJECT

INITIAL STUDY/CHECKLIST
Source: BAR Architects, 06/06/2022.

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21210021 • 07/2022 | 6_proposed_elevations_bldgB.cdr
Exhibit 6
Proposed Elevations of Building B

CITY OF RICHMOND
100 38TH STREET PROJECT

INITIAL STUDY/CHECKLIST
Source: BAR Architects, 06/06/2022.

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21210021 • 07/2022 | 7_Proposed Renderings Looking East.cdr Exhibit 7
Rendering of Proposed Project, Looking East along Bissell Avenue

CITY OF RICHMOND
100 38TH STREET PROJECT

INITIAL STUDY/CHECKLIST
Source: BAR Architects, 06/06/2022.

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21210021 • 07/2022 | 8_Proposed Renderings Looking South.cdr Exhibit 8
Rendering of Proposed Project, Looking South from Bissell Avenue

CITY OF RICHMOND
100 38TH STREET PROJECT

INITIAL STUDY/CHECKLIST
Source: BAR Architects, 06/06/2022.

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21210021 • 07/2022 | 9_Preliminary Landscape Plan.cdr
Exhibit 9
Preliminary Landscape Plan

CITY OF RICHMOND
100 38TH STREET PROJECT

INITIAL STUDY/CHECKLIST
Source: JETT Landscape Architects + Design, 06/06/2022.

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City of Richmond–100 38th Street Project CEQA Guidelines Section 15168: Projects Consistent Initial Study/Consistency Checklist and Addendum with Prior Environmental Documentation

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx SECTION 3: CEQA GUIDELINES SECTION 15168: PROJECTS CONSISTENT

WITH PRIOR ENVIRONMENTAL DOCUMENTATION

3.1.1 - CEQA Guidelines Sections 15168 and 15164
Pursuant to CEQA Guidelines Section 15168, later activities that fit within the scope of a certified program EIR are properly examined in light of the analysis in the prior EIR to determine whether an additional environmental document must be prepared. As discussed below, CEQA instructs agencies to review later activities under the framework of Public Resources Code Section 21166 and State CEQA Guidelines Section 15162. Generally, no subsequent or supplemental environmental review is required unless new or more severe significant impact is caused by a change in the project or a changed circumstance or significant new information that could not have been known when the EIR was prepared becomes available.

When only minor changes have occurred or are proposed following the certification of a final EIR, but none of the conditions requiring subsequent environmental review are triggered, such changes shall be documented in an addendum to the EIR pursuant to CEQA Guidelines Section 15164. As with the evaluation for consistency with a program EIR, CEQA provides that an addendum may be prepared when none of the conditions describes in Public Resources Code Section 21166 and State CEQA Guidelines Section 15162 have occurred.

CEQA suggests that lead agencies use checklists or similar mechanisms to conduct this analysis. An additional environmental document is not required unless the later activity: (1) would have new effects not examined in the prior EIR; or (2) would require new mitigation measures not previously identified in the prior EIR. If both requirements are met, the lead agency may approve the activity as being within the scope of the project covered by the prior EIR, and no additional environmental documentation is required under CEQA Guidelines Section 15168. If subsequent environmental review is not required, the lead agency may document the proposed changes via an addendum under CEQA Guidelines Section 15164. In both cases, the lead agency shall incorporate all applicable mitigation measures and alternatives developed in the prior EIR into subsequent actions in the program.

As discussed below and throughout this checklist document, the proposed project would not result in any new effects not already examined in the General Plan FEIR, nor would the proposed project require any new mitigation measures; all applicable mitigation measures have been incorporated.

And although the project proposes changes to what was studied in the General Plan FEIR, the changes are minor, and, as documented in this Environmental Checklist, none of the conditions triggering subsequent environmental review have occurred. Therefore, the proposed project fits within the scope of the program analyzed in the General Plan FEIR and does not require any further environmental review beyond this Environmental Checklist.

CEQA Guidelines Section 15168: Projects Consistent City of Richmond–100 38th Street Project with Prior Environmental Documentation Initial Study/Consistency Checklist and Addendum

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3.1.2 - Public Resources Code Section 21166 and State CEQA Guidelines Section 15162 Public Resources Code Section 21166 and CEQA Guidelines Section 15162(a) direct that once an EIR has been certified, no subsequent EIR shall be prepared unless the lead agency determines, based on substantial evidence, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following:
a) The project will have one or more significant effects not discussed in the previous EIR; b) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

As described in Section 4, Environmental Checklist, none of the situations requiring the preparation of subsequent or supplemental environmental documentation are present for the proposed project.

In accordance with CEQA, Section 5 of this document analyzes the proposed project with respect to the General Plan FEIR, and demonstrates that all of the potential environmental impacts associated with the proposed project would be within the envelope of impacts already evaluated in the General Plan FEIR. The proposed project would not have any substantial changes that would result in significant environmental effects or result in a substantial increase in the severity of a previously identified impact. As demonstrated by the analysis herein, the proposed project would not result in any new additional significant impacts, nor would it substantially increase the severity of previously anticipated significant impacts. Rather, all of the impacts associated with the proposed project are within the scope of impacts addressed in the General Plan FEIR and do not constitute a new or substantially increased significant impact. Based on this determination, the proposed project does not meet the requirements for preparation of a Subsequent or Supplemental EIR or negative declaration pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162.

Accordingly, the lead agency may adopt an addendum to the prior EIR to document its decision that a subsequent environmental document is not required. State CEQA Guidelines 15164(b), (e).

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Environmental Checklist

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx SECTION 4: ENVIRONMENTAL CHECKLIST
The following pages of this document contain an Environmental Checklist that examines the proposed project’s potential environmental effects within the parameters in CEQA Guidelines Section 15162). The “Previous” or “Prior” FEIR used for comparison is the Richmond General Plan 2030 FEIR certified by the Richmond City Council on April 24, 2012, including all impact determinations and significance thresholds utilized therein.

In analyzing the proposed project under Public Resources Code Section 21166 and State CEQA Guidelines Section 15162, the first column of the checklist describes the conclusions from the previous EIR.

Then, the lead agency appropriately limits its analysis to discussing whether substantial evidence supports one or more of the following:
• Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects (second column of the checklist);
• Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects (third column of the checklist); or • New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following:
a) The project will have one or more significant effects not discussed in the previous EIR or significant effects previously examined will be substantially more severe than shown in the previous EIR (fourth column of the checklist).
b) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative (fifth column of the checklist).

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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx Environmental Issue
Area
Conclusion in
General Plan
FEIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
General Plan
FEIR
Mitigation
Measures
I. Aesthetics, Light, and Glare
Except as provided in Public Resources Code Section 21099, would the project:
a) Have a substantial adverse
effect on a scenic vista?
Less than
significant
impact with
mitigation
incorporated
No No No MM 3.15-1
b) Substantially damage
scenic resources,
including, but not limited
to, trees, rock
outcroppings, and historic
building within a State
Scenic Highway?
None
identified
No No No None
c) In non-urbanized areas,
substantially degrade the
existing visual character or
quality of public views of
the site and its
surroundings? (Public
views are those that are
experienced from publicly
accessible vantage point).

If the project is in an
urbanized area, would the
project conflict with
applicable zoning and
other regulations
governing scenic quality?
Less than
significant
impact with
mitigation
incorporated
No No No MM 3.15-1
d) Create a new source of
substantial light or glare
which would adversely
affect day or nighttime
views in the area?
Less than
significant
impact with
mitigation
incorporated
No No No MM 3.15-2a
through
MM 3.15-2d

a) Scenic Vista
Would the project: Have a substantial adverse effect on a scenic vista? The General Plan FEIR concluded that various points throughout the City have views of the shoreline or the hillside that would constitute a locally recognized scenic vista or corridor. As described in the General Plan FEIR, the project site does not have views of the shoreline. Views of the East Bay hills, located approximately 2 miles to the east, are visible down Bissell Avenue.

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Environmental Checklist

FirstCarbon Solutions 31
Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx The proposed project would redevelop an existing building and would also include construction of a new adjoining 5-story structure; as such, the proposed infill development would not result in a new effect to a scenic vista. Renovations to the project site would include an interior courtyard, basement parking, a new plaza with open space for public art, and extensive landscaping around each building and the parking lots. The proposed project would be consistent with applicable provisions of the General Plan including Mitigation Measure (MM) 3.15-1, and would be subject to review and approval by the Design Review Board. Impacts related to scenic vistas would be less than significant and the proposed project would not result in new or more severe adverse impacts than what was previously identified in the General Plan FEIR. No additional analysis necessary. b) State Scenic Highways
Would the project: Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic building within a State Scenic Highway? The General Plan FEIR did not identify any impacts related to scenic resources and did not identify or discuss State Scenic Highways. Therefore, no impacts were identified.

The proposed project would not have an impact on scenic highways. According to the California Department of Transportation (Caltrans), there are no Designated or Eligible State Scenic Highways within the City.1 The closest officially Eligible State Scenic Highway is a portion of State Route 24 located approximately 9 miles southeast of the project site. This condition precludes the potential for substantial damage to scenic resources within view of a State Scenic Highway. As a result, there would be no impacts related to State Scenic Highways and the proposed project would not result in new or more severe adverse impacts than what was discussed in the General Plan FEIR. No additional analysis necessary.
c) Visual Character
Would the project: In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
The City is composed of several types of areas and the General Plan includes an overarching development strategy for the City that includes “stable areas,” “conservation areas,” and 16 “change areas” in which it is anticipated that there will be varying degrees of new uses, development, and redevelopment. The proposed change areas largely represent areas that are underutilized, have incompatible land uses, high potential for redevelopment, or are inconsistent with current community goals and priorities. The General Plan FEIR concluded that, to the extent that development would occur in the “stable areas,” it would remain generally consistent with existing land use types, which would result in similar visual characteristics as existing development.

Development within the designated “change areas” would be allowed at a higher density and would

1 California Department of Transportation (Caltrans). California Scenic Highway Mapping System: Alameda County. Website:
http://www.dot.ca.gov/hq/LandArch/16_livability/scenic_highways/. Accessed October 29, 2021.

City of Richmond–100 38th Street Project
Environmental Checklist Initial Study/Consistency Checklist and Addendum

32 FirstCarbon Solutions
Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx allow maximum building heights ranging from 55 feet to 135 feet, which is an increase over the existing maximum building height range of 35 to 75 feet. The tallest buildings (135 feet) could only be developed within the three activity center areas that include the “High-Intensity Mixed-Use” land use designation. This potential increase in building height would create a more urban feel and could result in a substantial change in the character of the change areas as well as those areas that have views of and beyond those change areas.

The General Plan FEIR concluded that the City is an evolving urban environment where change is the only constant, and the proposed infill development identified in the General Plan could result in change in the existing visual character of the City. The General Plan, City ordinances, the City's discretionary permit and design review process, and the CEQA process all have components designed to protect and enhance the visual character of the City while embracing the changes inherent in an urbanized area. The changing visual character of the City is protected by its ongoing evolution and implementation of adopted policies and standards. Additionally, the General Plan FEIR included MM 3.15-1, which reduces impacts to visual character to a less than significant level.

The General Plan FEIR identified a less than significant impact related to the degradation of visual character or quality. The project site is located within an urbanized area and would not conflict with the existing visual character. As detailed previously, the project site is within the grounds of the Contra Costa (Richmond) Superior Court Complex and is bounded by the Courthouse, Bissell Avenue, a commercial building, and the BART tracks. The applicant proposes to create a new campus for multi-family housing while retaining the site’s architectural features.

The proposed colors for the two buildings were derived from the historic ‘Rosie the Riveter’ poster, which is an important part of the City of Richmond's history. Overall, the proposed project aims to expand housing opportunities, and reestablishing the site as a community asset in support of the greater revitalization of the Macdonald Avenue gateway to downtown Richmond.

The City of Richmond Design Review Board would review the project application consistent with the Municipal Code. The Design Review Board would ensure the proposed project would be compatible with surrounding uses and would evaluate the project’s design, scale, massing, exterior design, and landscaping. Furthermore, the proposed project would be consistent with the applicable zoning and planned development outlined in the General Plan and would be required to adhere to the applicable standards for development and design guidelines under the “Medium Intensity Mixed- Use (Commercial Emphasis)” land use and zoning designation of CM-3. This would help ensure there is no substantial degradation of the existing visual character of the site and its surroundings. As a result, the proposed project would not result in new or more sever adverse impacts that was not previously identified in the General Plan FEIR.
d) Light or Glare
Would the project: Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
The City is primarily built out, and a significant amount of light and glare from urban uses already exists. However, the General Plan FEIR concluded that the new development permitted under the

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Environmental Checklist

FirstCarbon Solutions 33
Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx General Plan could create new sources of glare from paved surfaces, glare from reflective building surfaces, exterior building lighting, lighted recreation facilities, new street lighting, parking lot lights, and headlights of vehicular traffic. These new sources would be more noticeable from new development in large infill areas and previously undeveloped sites outside of the downtown area. As a result, these new sources of glare could affect the day or nighttime views of adjacent sensitive land uses. These sensitive land uses could generally be undeveloped lands and residential uses adjacent to commercial or industrial areas.

Daytime glare could be produced by the increased amount of surface area of proposed commercial and residential structures, which could reflect or concentrate sunlight. Daytime glare from built surfaces, such as reflective glass or public art, and nighttime glare from indoor and outdoor light sources exist and will continue to occur under evolving conditions in the future (e.g., new and retrofit structures with reflective exteriors, new and retrofit outdoor lighting of parks and other public and private spaces, and new and retrofit indoor lighting). The General Plan FEIR concluded that these changes, including increasing the overall density and intensity of the City's development pattern, do not equate to a significant adverse impact for CEQA purposes.

The General Plan FEIR concluded that the City's General Plan, ordinances, discretionary permit, design review processes, and CEQA process must all be implemented as applicable to future project- level decisions. With the implementation of these processes, the General Plan FEIR concluded that the visual quality of the City will improve, and not be the subject of "substantial degradation," as the General Plan is implemented over time. Accordingly, this impact was determined to be less than significant at the General Plan and cumulative levels with the implementation of four mitigation measures including: (1) MM 3.15-2a, which would require all street lighting to be directed downward and shielded; (2) MM 3.15-2b, which restricts the use of high-level outdoor lighting for new homes; (3) MM 3.15-2c, which requires landscaping to be incorporated along internal roads and near off-site homes to reduce light spill; and (4) MM 3.15-2d, which requires any projects containing reflective glass or metal building materials to go through the City’s design review.

The analysis under the General Plan FEIR remains accurate with respect to the proposed project. As described in the FEIR, the proposed project would introduce new sources of light and glare to the project site and vicinity (including the related off-site improvements), primarily resulting from the installation of outdoor lighting for aesthetic, safety, and security purposes. This would result in an overall increase in lighting compared to the site’s existing conditions. Additionally, day and nighttime glare would increase due to reflective building exteriors, automobile windshields, and headlights.

The project site is located in an urbanized environment that currently generates light and glare, including the Courthouse Complex, the commercial businesses to the east, and the BART tracks to the south. The proposed project is similar in size, character, and design materials to existing development in the area. Therefore, the proposed project would result in similar light and glare impacts to these other nearby existing uses. The increase in light and glare from exterior and street lighting at the project site would be minimized with the implementation of the General Plan FEIR mitigation measures, MM 3.15-2a through MM 3.15-2d. The proposed project would use typical residential construction materials such as stucco, cement, and glass, and would not use reflective materials that would result in glare. In addition, the proposed project would be subject to building

City of Richmond–100 38th Street Project
Environmental Checklist Initial Study/Consistency Checklist and Addendum

34 FirstCarbon Solutions
Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx code requirements that include approval of exterior lighting plans to ensure that exterior lighting fixtures are shielded to prevent light spill. With the residential nature of the proposed project and upon the approval of the lighting plans, the proposed project would not result in new or more significant impacts related to light and glare that have not already been analyzed in the General Plan FEIR, nor would the proposed project result in more significant or more severe impacts that could not be substantially mitigated by the application of uniformly applicable development policies.

Therefore, no further environmental analysis is required.

FEIR Mitigation Measures
MM 3.15-1 A s a condition of authorizing development within existing undeveloped areas or demolishing commercial or industrial structures that were built prior to 1950, the City shall require the applicant to provide photographs or another appropriate form of visual record of the project location’s existing physical setting, and a photograph or another appropriate form of visual record of one or more public vistas of the project location (e.g., views from public parks or civic buildings). These visual records shall be submitted to the Planning Department or its designee for appropriate storage and retrieval for future studies of the City’s evolving urban character.

MM 3.15-2a All street lighting shall be directed downward and shielded to prevent light spill onto surrounding properties, sky glow, and glare.

MM 3.15-2b The City shall restrict the use of high-level outdoor lighting for new homes, particularly along the hillside ridges.

MM 3.15-2c Landscaping shall be incorporated along internal roads and near off-site homes to reduce spill light emanating from vehicles and buildings.

MM 3.15-2d The City shall require design review of any project containing reflective glass or metal building materials that exceed 50 percent of any building surface or the first three floors.

Conclusion
There is no additional information identifying new significant effects, nor is there an increase in the severity of previously identified impacts related to aesthetics, light, and glare. The conclusions from the General Plan EIR regarding aesthetics, light, and glare remain unchanged. No further analysis is required.

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Environmental Checklist

FirstCarbon Solutions 35
Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx Environmental Issue
Area
Conclusion in
General Plan
FEIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
General Plan
FEIR
Mitigation
Measures
II. Agricultural and Forest Resources
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the State’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board.

Would the project:
a) Convert Prime Farmland,
Unique Farmland, or
Farmland of Statewide
Importance (Farmland),
as shown on the maps
prepared pursuant to the
Farmland Mapping and
Monitoring Program of
the California Resources
Agency, to non-
agricultural use?
None
identified
No No No None
b) Conflict with existing
zoning for agricultural
use, or a Williamson Act
contract?
None
identified
No No No None
c) Conflict with existing
zoning for, or cause
rezoning of, forest land
(as defined in Public
Resources Code Section
12220(g)), timberland (as
defined by Public
Resources Code Section
4526), or timberland
zoned Timberland
Production (as defined by
Government Code
Section 51104(g))?
None
identified
No No No None
d) Result in the loss of forest
land or conversion of
forest land to non-forest
use?
None
identified
No No No None

City of Richmond–100 38th Street Project
Environmental Checklist Initial Study/Consistency Checklist and Addendum

36 FirstCarbon Solutions
Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx Environmental Issue
Area
Conclusion in
General Plan
FEIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
General Plan
FEIR
Mitigation
Measures
e) Involve other changes in
the existing environment
which, due to their
location or nature, could
result in conversion of
Farmland, to non-
agricultural use or
conversion of forest land
to non-forest use?
None
identified
No No No None

a) Conversion of Important Farmland
Would the project: Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
The General Plan FEIR determined that 536.52 acres of land within the City of Richmond are designated for Agricultural uses. The Agricultural land use designation includes land for grazing, crop production, small-scale farming, and community gardens while allowing from some residential uses.2 Overall, the General Plan FEIR determined that impacts related to agriculture and forest resources would not be significant.

According to the Farmland Mapping and Monitoring Program (FMMP), the project site is listed as Urban and Built-Up Land.3 This condition precludes the potential for new impacts associated with the conversion of farmland to non-agricultural use. Therefore, the proposed project would not result in new or more severe impacts related to conversion of farmland to a non-agricultural use beyond what was previously analyzed in the General Plan FEIR.
b) Agricultural Zoning and Williamson Act Contracts
Would the project: Conflict with existing zoning for agricultural use, or a Williamson Act contract? The General Plan FEIR determined that impacts related to agriculture and forest resources would not be significant.

2 City of Richmond. 2011. General Plan EIR. Accessed August 2, 2021. 3 California Department of Conservation. 2016. Farmland Mapping and Monitoring Program Map for Contra Costa County. Website:
ftp://ftp.consrv.ca.gov/pub/dlrp/FMMP/pdf/2016/con16.pdf. Accessed August 30, 2021.