Richmond City Council
October 18, 2022

City of Richmond–100 38th Street Project
Environmental Checklist Initial Study/Consistency Checklist and Addendum 130 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 Construction of the proposed project is expected to require the use of frontend loaders, excavators, haul trucks, water trucks, concrete mixer trucks, and pickup trucks. The maximum noise level generated by each concrete mixing truck is assumed to be 85 dBA maximum noise/sound level (Lmax) at 50 feet from this equipment.63 Each frontend loader would also generate 85 dBA Lmax at 50 feet.

The maximum noise level generated by excavators is approximately 85 dBA Lmax at 50 feet. Each doubling of sound sources with equal strength increases the noise level by 3 dBA.

A conservative but reasonable assumption is that this equipment would operate simultaneously and continuously over at least a 1-hour period in the vicinity of the closest existing residential receptors but would move linearly over the project site as they perform their earthmoving operations, spending a relatively short amount of time adjacent to any one receptor. Assuming that each piece of construction equipment operates at some distance from the other equipment, a reasonable worst-case combined noise level during this phase of construction would be 90 dBA Lmax at a distance of 50 feet from the acoustic center of a construction area. The acoustical center reference is used because construction equipment must operate at some distance from one another on a project site, and the combined noise level as measured at a point equidistant from the sources (acoustic center) would be the worst-case maximum noise level. These operations would be expected to result in a reasonable worst-case hourly average of 86 dBA Leq at a distance of 50 feet from the acoustic center of a construction area.

The closest sensitive receptor to proposed areas of construction is the multi-family residential home located on Bissell Ave, north of the project site boundary. The façade of this closest noise-sensitive receptor would be located approximately 110 feet from the acoustic center of construction activity where multiple pieces of heavy construction equipment would potentially operate at the project site. At this distance, worst-case construction noise levels could range up to approximately 82 dBA Lmax, intermittently, and could have an hourly average of up to 78 dBA Leq, at the façade of the nearest multi-family residential home when multiple pieces of equipment operate simultaneously at the nearest center of construction activity. These noise levels would exceed the City’s weekday maximum sound level threshold for mobile construction equipment of 75 dBA Lmax as measured at the nearest receiving residential land uses and would be a significant impact and mitigation would be required. Other nearby receptors include the court office building to the west of the project site.

While this land use is not considered a sensitive land use in the same sense as residential land uses, this office land use would also be exposed to construction noise levels from the demolition and refurbishment of the ramp entrance. This also would be considered a significant impact and mitigation would be required.

Therefore, the project must comply with the FEIR MM 3.10-1 requiring preparation of a noise construction activity minimization and mitigation plan to reduce noise impacts to adjacent receptors.

This plan shall outline the project’s required compliance with General Plan Action SN4.E which requires preparation of construction traffic plans that mitigate noise, traffic, and dust during construction. This plan shall also outline the project’s required compliance with Article

15.04.605.060 of the Municipal Code which limits general construction activities to weekdays from 7:00 a.m. to 6:00 p.m., and limits pile driving and similar loud equipment activity to weekdays from 63 Federal Highway Administration (FHWA). 2006. Highway Construction Noise Handbook. August.

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Environmental Checklist FirstCarbon Solutions 131 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx 8:00 a.m. to 5:00 p.m. Therefore, compliance with FEIR MM 3.10-1 would ensure that projectrelated construction noise impacts would be reduced to the extent technically and economically feasible and would be less than significant.

Operational/Stationary Source Noise Impacts
In the noise analysis of the General Plan FEIR, the City found that Richmond is an urbanized area and General Plan implementation would result in increases to ambient noise levels including potential increases in excess of noise standards included in the City's existing Noise Ordinance. However, through implementation of MM 3.10-3(b), operational noise impacts at the General Plan implementation and cumulative level were mitigated to a less than significant level.

A significant impact would occur if operational noise levels associated with the proposed project’s stationary noise sources would exceed the City’s maximum noise limits at any of the designated surrounding land uses.

According to the City’s maximum noise limit standard, it is unlawful to generate noise levels within the City of Richmond that:
• Exceed 55 dBA Leq for 30 minutes of any hour at the property line of a receiving single-family residential land use; or
• Exceed 65 dBA Leq for 30 minutes of any hour at the property line of a multi-facilities residential, public facility or communal land use; or
• Exceed 65 dBA Leq for 30 minutes of any hour at the property line of a receiving open space and recreational land use.

The proposed project would include new stationary noise sources such as mechanical ventilation equipment. Potential noise impacts from these sources are analyzed below.

Mechanical Equipment Operations
At the time of preparation of this analysis, details were not available pertaining to the proposed rooftop mechanical ventilation systems for the project; therefore, a reference noise level for typical rooftop mechanical ventilation systems was used. Noise levels from commercially available rooftop mechanical ventilation equipment suitable for this type of development range from 50 dBA to 60 dBA Leq at a distance of 25 feet. Rooftop mechanical ventilation systems could be located as close as 100 feet from the nearest off-site sensitive receptor, a multi-family residence located north of the project site across Bissell Avenue. At this distance, noise generated by rooftop mechanical ventilation equipment would attenuate to less than approximately 48 dBA Leq. Therefore, noise generated by mechanical ventilation equipment operation would not exceed the City’s most-restrictive noise performance standard of 55 dBA Lmax for 30-minutes within an hour. Therefore, noise levels from proposed mechanical ventilation equipment operations would not result in a substantial permanent increase in ambient noise levels in excess of standards established in the local general plan or noise ordinance, and the impact would be less than significant.

City of Richmond–100 38th Street Project
Environmental Checklist Initial Study/Consistency Checklist and Addendum 132 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 Parking Lot Activities
Typical parking lot activities include people conversing, doors shutting, and vehicles idling which generate noise levels ranging from approximately 60 dBA to 70 dBA Lmax at 50 feet. These activities are expected to occur sporadically throughout the day, as residents and visitors arrive and leave parking lot areas at the project site.

The nearest off-site sensitive receptor to the proposed parking areas are the single-family residences south of the project site, on Ohio Avenue. The façade of the closest residence would be located approximately 120 feet from the acoustic center of parking lot activity. Assuming a reasonable worstcase scenario of one parking movement for every parking stall within a single hour would result in an hourly average noise level of 50 dBA Leq as measured at this nearest residential receptor. The calculation spreadsheet with the detailed modeling assumptions is included in Appendix F of this document. Therefore, noise generated by parking lot activities would not exceed the City’s mostrestrictive noise performance standard of 55 dBA Lmax for 30 minutes within an hour. Therefore, noise levels from proposed parking lot activity would not result in a substantial permanent increase in ambient noise levels in excess of standards established in the local general plan or noise ordinance, and the impact would be less than significant.

Operational/Mobile Source Noise Impacts
The City Council finds that operation of new land uses under the proposed General Plan would generate increased local traffic volumes that would cause a substantial permanent increase in ambient noise levels in the project vicinity. However, operational noise impacts at the General Plan implementation and cumulative level were mitigated to a less than significant level with implementation of General Plan policies and MM 3.10-5, as well as with implementation of mitigation measures within the jurisdiction and responsibility of other agencies, including Caltrans.

A significant impact would occur if implementation of the proposed project would result in a substantial increase in traffic noise levels compared with traffic noise levels existing without the project. A characteristic of noise is that an audible increase in noise levels generally refers to a change of 3 dBA or more, as this level of increase has been found to be barely perceptible to the human ear in outdoor environments. Therefore, for purposes of this analysis, an increase of 3 dBA or greater over conditions that would exist without the proposed project would be considered a substantial permanent increase in traffic noise levels.

The FHWA highway traffic noise prediction model (FHWA RD-77-108) was used to evaluate existing and future project-related traffic noise conditions in the vicinity of the project site. The daily traffic volumes were obtained from the traffic analysis prepared for the project by W-Trans.64 The resultant noise levels were weighed and summed over a 24-hour period in order to determine the Ldn values.

The traffic noise modeling input and output files are included in Appendix F of this document. Table 17 shows a summary of the traffic noise levels for existing, Existing Plus Project, cumulative, and cumulative plus project conditions as measured at 50 feet from the centerline of the outermost travel lane.
64 W-Trans. 2021. Traffic Impact Study for the 100 38th Street Mixed Use Project. October 26.

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Environmental Checklist FirstCarbon Solutions 133 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx Table 17: Traffic Noise Model Results Summary
Roadway Segment
Ldn (dBA) 50 feet from Centerline of Outermost Lane
Existing
(dBA) Ldn
Existing +
Project
(dBA) Ldn
Increase
Over
Existing
(dBA) Ldn
Cumulative
(dBA) Ldn
Cumulative
+ Project
(dBA) Ldn
Increase
Over
Cumulative
(dBA) Ldn
37th Street–Macdonald Avenue
to Bissel Avenue 59.0 59.3 0.3 61.1 61.3 0.2
37th Street–south of Bissel
Avenue 59.5 59.6 0.1 61.5 61.6 0.1
Bissel Avenue–37th Street to
39th Street 53.5 54.3 0.8 55.5 56.0 0.5
39th Street–Macdonald Avenue
to Bissel Avenue 49.5 50.3 0.8 51.9 52.2 0.3
Notes:

ADT = Average Daily Trips
dBA = A-weighted decibel
Ldn = Day/Night average noise level. It is the time-varying noise over a 24-hour period, with a 10-dBA weighting factor applied to noise occurring from 10:00 p.m. to 7:00 a.m. (defined as sleeping hours). * Modeling results do not take into account mitigating features such as topography, vegetative screening, fencing, building design, or structure screening. Rather it assumes a worst-case scenario of having a direct line of site on flat terrain.

Source: FirstCarbon Solutions (FCS) 2021.

The highest traffic noise level increase with implementation of the project would be an increase of

0.8 dBA over conditions that would exist without the project. This increase is well below the 3 dBA increase that would be considered a substantial permanent increase in noise levels compared with noise levels that would exist without the project. Therefore, project-related traffic noise impacts to traffic noise levels that would exist without the project would be less than significant.

Substantial Increase Conclusion
Therefore, the development of the proposed project would not result in new or more severe impacts related to project-related substantial noise increases beyond what was previously analyzed in the General Plan FEIR.
b) Groundborne Vibration
Would the project result in: Generation of excessive groundborne vibration or groundborne noise levels?
The General Plan FEIR did not evaluate impacts at the project level. Therefore, the following analysis provides an evaluation of potential project-level impacts with respect to groundborne vibration.

City of Richmond–100 38th Street Project
Environmental Checklist Initial Study/Consistency Checklist and Addendum 134 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 Short-term Construction Vibration Impacts
In the noise analysis of the General Plan FEIR, the City found that the construction of future new land uses under the proposed General Plan would continue to generate or expose persons or structures to temporary groundborne vibration. With the implementation of General Plan policies and the following revised MM 3.10-2, construction-related noise and vibration impacts at the General Plan and cumulative level are mitigated to a less than significant level.

A significant impact would occur if existing structures at the project site or in the project vicinity would be exposed to groundborne vibration levels in excess of levels established by the FTA’s Construction Vibration Impact Criteria for the type of structure.

Of the variety of equipment used during construction, the large vibratory rollers that could be used in the site preparation phase of construction would produce the greatest groundborne vibration levels. The proposed foundation would not involve impact pile driving. Large vibratory rollers produce groundborne vibration levels ranging up to 0.201 inch per second (in/sec) PPV at 25 feet from the operating equipment. The nearest off-site receptor to the project site is the multi-family residential land use located on Bissell Avenue, north of the boundary of the project site. The façade of this building would be located approximately 95 feet from the nearest construction footprint where the heaviest construction equipment would potentially operate. At this distance, groundborne vibration levels would range up to 0.027 PPV from operation of the types of equipment that would produce the highest vibration levels. This is below the FTA’s Construction Vibration Impact Criteria of 0.2 PPV for buildings of non-engineered timber and masonry. Therefore, the impact of short-term groundborne vibration associated with construction to off-site receptors would be less than significant.

However, the proposed project would also include the demolition and refurbishment of the ramp entrance to the adjacent court office building. Potential vibration levels from these activities to this office building could exceed the FTA’s Construction Vibration Impact Criteria of 0.5 in/sec PPV for this type of structure, a building of reinforced concrete and steel structure. This would be a significant impact and mitigation would be required.

However, the proposed project must comply with the FEIR MM 3.10-1 requiring preparation of a construction noise and vibration mitigation plan to reduce vibration impacts to adjacent receptors.

With implementation of this measure, vibration impacts would be reduced to less than significant.

Therefore, the development of the proposed project would not result in new or more severe impacts related to construction-related groundborne vibration beyond what was previously analyzed in the General Plan FEIR.

Operational Vibration Impacts
The General Plan FEIR concluded that with implementation of General Plan Policies and Actions (Actions SN4.1, SN4.2, SN4.3, SN4.A and SN4.C), the potential for excessive groundborne vibration or groundborne noise levels resulting from operation of new land uses under the proposed General Plan is considered to be a less than significant impact.

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Environmental Checklist FirstCarbon Solutions 135 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx A significant impact would occur if the project would generate groundborne vibration levels in excess of the FTA’s vibration impact thresholds as measured at sensitive receptors in the project vicinity.

Implementation of the proposed project would not include any permanent sources of vibration that would expose persons in the project vicinity to groundborne vibration levels that could be perceptible without instruments at any existing sensitive land use in the vicinity of the project site.

However, the project would introduce a new sensitive receptor to a site that is located adjacent to the BART rail line, an existing mobile vibration source. The nearest façade of the proposed project would be located over 150 feet from the nearest BART railroad tracks. At this distance, reasonable worst-case groundborne vibration levels from BART operations would not exceed the FTA’s vibration impact threshold of 85 VdB for human annoyance (the operational vibration criteria cited in the General Plan FEIR). Therefore, project operational groundborne vibration impacts would be less than significant.

Therefore, the development of the proposed project would not result in new or more severe impacts related to operational groundborne vibration sources beyond what was previously analyzed in the General Plan FEIR.
c) Airport or Private Airstrip Noise
Would the project result in: For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The General Plan FEIR noted that there are no airports within the City of Richmond and any aircraft flying over the City would be outside the 65 dBA CNEL noise impact areas.

The project site is not located within the vicinity of a private airstrip. The nearest public airport to the project site is the Oakland International Airport in Alameda County, located approximately 14.5 miles southeast of the project site. The next closest airport to the project site is the Buchanan Field Airport, located approximately 15.2 miles east of the project site. Because of the distance from these airports and the orientation of the airport runways, the project site is located outside of the 65 dBA CNEL airport noise contours. No impact would occur.

Therefore, the development of the proposed project would not result in new or more severe impacts related to airport noise beyond what was previously analyzed in the General Plan FEIR.

FEIR Mitigation Measures Applicable to the Proposed Project FEIR MM 3.10-1 Future projects shall incorporate project-specific mitigation measures to reduce the impact of construction noise.

City of Richmond–100 38th Street Project
Environmental Checklist Initial Study/Consistency Checklist and Addendum 136 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 a. As part of its discretionary approval and environmental review process for future projects, the City will require a noise and vibration construction activity minimization and mitigation plan for any multistory development project located within a residential neighborhood, or located adjacent to a residence, school, or hospital or other sensitive receptor. The plan must address high-noise or vibration construction activities such as pile driving, and must address outdoor construction activities occurring outside normal weekday business hours. The plan must also address construction-related noise and vibration from current and concurrently with project-related construction activities to address potential cumulative noise and vibration impacts. Excessive noise and vibration impacts from such construction-related activities (defined as noise and vibration impacts that would not occur from similar construction-related activities) shall be avoided or minimized to the extent feasible, and high-noise or vibration construction activities shall not occur during evenings or weekends adjacent to occupied residential units.
b. The City will compile and periodically update Best Management Practices ("BMPs") for minimizing and mitigating noise and vibration impacts from construction activities, for use as appropriate in noise and vibration plans required under MM 3.10-2(a) above.
c. The City will consider and may adopt appropriate modifications to the Noise Ordinance to establish criteria for construction-related noise and vibration impacts during daytime weekday hours, and will consider and include feasible conditions in building, demolition, and grading permits to avoid or minimize excessive noise and vibration from construction activities.
d. This mitigation measure does not eliminate or supersede any other applicable legal requirement, including but not limited to the Noise Ordinance included in the Municipal Code.

This plan shall outline the project’s required compliance with General Plan Action SN4.E which requires preparation of construction traffic plans that mitigate noise, traffic, and dust during construction. This plan shall also outline the project’s required compliance with Article

15.04.605.060 of the Municipal Code which limits general construction activities to weekdays from 7:00 a.m. to 6:00 p.m., and limits pile driving and similar loud equipment activity to weekdays from 8:00 a.m. to 5:00 p.m.

Implementation of this mitigation measure would ensure that projectrelated construction noise impacts would be reduced to the extent technically and economically feasible and would be less than significant.

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Environmental Checklist FirstCarbon Solutions 137 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx Conclusion
There is no additional information identifying new significant effects, nor is there an increase in the severity of previously identified impacts related to noise. The conclusions from the General Plan EIR regarding noise impacts remain unchanged. No further analysis is required.

City of Richmond–100 38th Street Project
Environmental Checklist Initial Study/Consistency Checklist and Addendum 138 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?
Mitigation
Measures
XIII. Population and Housing
Would the project:
a) Induce substantial
unplanned population
growth in an area,
either directly (for
example, by proposing
new homes and
businesses) or indirectly
(for example, through
extension of roads or
other infrastructure)?
None
identified
No No No MM 3.2-2
b) Displace substantial
numbers of existing
people or housing,
necessitating the
construction of
replacement housing
elsewhere?
None
identified
No No No None
a) Growth Inducement
Would the project: Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
The General Plan FEIR did not analyze Population and Housing as a separate resource area, however, the General Plan FEIR discussed population growth throughout the General Plan FEIR. It concluded that because of the goal to stimulate higher intensity development within the City of Richmond, the City will capture a regional population growth of 13 percent. This would result in an increase in population of 30,147 and an additional 22,488 jobs over the next 20 years. It is also estimated that the General Plan would add approximately 15,548 housing units within the City. In approving the General Plan, the City Council found that implementation of the General Plan could result in physical impacts due to population growth; however, implementation of MM 3.2-2 would ensure there would be a less than significant cumulative impact related to growth by requiring the City to track addition of new jobs to ensure consistency with projected growth.65 The proposed project consists of the reuse of the existing building and construction of an adjoining 5-story building, in order to develop 135 new affordable multi-family homes, offices for support staff, 65 The implementation of MM 3.2-1, requiring the City to track new housing units, has been suspended to conform with State mandates for provision of housing.

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Environmental Checklist FirstCarbon Solutions 139 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx and an approximately 8,800 square foot daycare center. With an average value of 2.93 persons per household, the proposed project could increase population by 396 persons. 66 In addition, the
proposed project would require a 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 (CM-3). This designation and zoning allows for residential development. The anticipated population growth resulting from the proposed project would be within General Plan FEIR projections. Therefore, the impact of population growth proposed by new housing would be less than significant.
b) Displacement of Persons or Housing
Would the project: Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
The General Plan FEIR did not analyze Population and Housing as a resource area, and therefore, did not identify any impacts on growth inducements. However, the General Plan FEIR discussed population growth throughout the General Plan FEIR. It concluded that population is expected to increase by 30,147 with an additional 22,488 jobs over the next 20 years. It is also estimated that the General Plan would add approximately 15,548 housing units within the City. These housing units would accommodate the projected increase in population.

The proposed project would include construction of 135 new affordable multi-family homes. With an average of 2.93 persons per household these homes could accommodate 396 persons. The proposed project’s Medium-Intensity Mixed-Use (Commercial Emphasis) land use designation and Commercial Mixed Use, Commercial Emphasis (CM-3) zoning allows for residential development. The proposed project would provide housing for the growing population and would not displace substantial numbers of existing people or housing. Therefore, the proposed project would not result in new or more severe impacts related to in displacement of substantial numbers of existing people or housing than what was previously analyzed in the General Plan FEIR.

FEIR Mitigation Measures
MM 3.2-2 Based on available U.S. Census or Association of Bay Area Governments (ABAG) data, the City shall track the number of new jobs to determine whether new development exceeds the amount of development assumed in the General Plan EIR (22,488 jobs). City staff shall provide a report on the number of new jobs to the City Council annually and if the number of jobs approaches or exceeds 80 percent of the number assumed in the General Plan EIR (9,950 jobs), the City shall prepare an update to the General Plan and General Plan EIR to assess the environmental effects of additional projected growth.
66 United States Census Bureau. Richmond City, California. Website: https://www.census.gov/quickfacts/richmondcitycalifornia.

Accessed September 3, 2021.

City of Richmond–100 38th Street Project
Environmental Checklist Initial Study/Consistency Checklist and Addendum 140 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 Conclusion
There is no additional information identifying new significant effects, nor is there an increase in the severity of previously identified impacts related to population and housing. The conclusions from the General Plan EIR regarding population and housing remain unchanged. No further analysis is required.

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Environmental Checklist FirstCarbon Solutions 141 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
XIV. Public Services
Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
a) Fire protection? Less than
significant
impact
No No No None
b) Police protection? Less than
significant
impact
No No No None
c) Schools? Less than
significant
impact
No No No None
d) Parks? None
identified
No No No None
e) Other public facilities? Less than
significant
impact
No No No None
a) Fire Protection
Would the project: Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection?
According to the General Plan FEIR new development under the General Plan would not cause the Richmond Fire Department (RFD) to travel farther or require additional time to reach the new development; the new development within the change areas would occur as infill. To further reduce the impact of new development on the existing RFD facilities, equipment, and personnel, the City requires that the proposed structures, access, and water supply meet the California State Fire Code and City building requirements. In addition, project developers would be required to pay development impact fees as established by City ordinance. The City would mitigate impacts on the existing RFD facilities, equipment, and personnel by imposing development impact fees to fund public facilities, including fire facilities. Therefore, impacts to fire protection were determined to be less than significant with implementation of applicable policies and actions contained in the General Plan.

City of Richmond–100 38th Street Project
Environmental Checklist Initial Study/Consistency Checklist and Addendum 142 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 The proposed project would likely increase residency population in the area. The closest fire station, Station 66, is approximately 0.5 mile north of the project site at 4100 Clinton Avenue. As new development under the General Plan would not cause the RFD to travel farther or require additional time to reach the new development, the proposed project would not increase fire protection travel time. The proposed project would meet the California State Fire Code and City building requirements. In addition, the project developers would pay development impact fees as established by City ordinance. With adherence to General Plan policies for the City, the proposed project would not result in new or more severe impacts related to fire protection than what was previously analyzed in the General Plan FEIR.
b) Police Protection
Would the project: Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Police protection?
According to the General Plan FEIR, impacts on police protection services are considered significant if an increase in population would result in inadequate staffing levels (as measured by the ability of the Richmond Police Department to respond to call loads) and/or increased demand for services would require the construction or expansion of new or altered facilities that might have an adverse physical effect on the environment. Richmond Police Department prepares annual reports outlining the department’s performance and personnel-to-population ratio. Currently, there are 1.6 sworn officers per every 1,000 City residents, and the Richmond Police Department currently maintains an acceptable level of service. Projected growth under the General Plan would result in an additional 30,147 residents by 2030. Based on current personnel-per-capita ratios, this population growth would require 48 additional sworn officers. The General Plan would increase the intensity of development in the change areas, but these areas are already currently served by police protection services and thus would not result in an increase in response times for various calls for service.

The proposed project would likely increase residency population in the area. The project site is located in Beat 7 in the northern sector of the Richmond Police Department. The nearest police station is located at 401 27th Street, approximately 0.70 mile southwest of the project site. Proposed growth resulting from the proposed project would not increase response times for various calls for service as the proposed project is located in an area already currently served by police protection services. In addition, the proposed project would adhere to General Plan policies to further reduce potential impacts on police protection services. Thus, the proposed project would not result in new or more severe impacts related to police protection that what was previously analyzed in the General Plan FEIR.

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Environmental Checklist FirstCarbon Solutions 143 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx c) Schools
Would the project: Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Schools? According to the General Plan FEIR, the General Plan could add as many as 15,548 housing units in the City by 2030. Using West Contra Costa Unified School District (WCCUSD) student generation factors, the General Plan could result in a student population increase of approximately 10,448 students by 2030. Impacts due to increases in school enrollment would be reduced through the payment of school impact fees, required for all new development. These fees would be based on the use and size of a project. Additionally, the General Plan contains Policies and Implementing Actions that require adequate school infrastructure be provided as new development occurs, which would further reduce the potential for impact on school facilities.

The proposed project would likely increase residency population in the area. The WCCUSD serves the project site. The closest elementary school, King Elementary School, is located 0.20 mile south of the project site at 4022 Florida Avenue. The nearest middle school, Lovonya DeJean Middle School, is located 0.23 mile west of the project site at 3400 Macdonald Avenue. The proposed project would not require development of additional school facilities. Potential impacts resulting from the proposed project would be reduced through the payment of school impact fees in addition to compliance with General Plan Policies and Actions. Therefore, the proposed project would not result in new or more severe impacts related to school facilities than what was previously analyzed in the General Plan FEIR.
d, e) Parks and Other Public Services?
Would the project: Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Parks? Other public services?
According to the General Plan FEIR, impacts to library resources are considered significant if the proposed project would result in the need for new or physically altered library facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for library services. The City of Richmond currently has no standard for library services. Increased development in the City does not necessarily equate to an increase in need for total volumes or square feet of library space. The City determined that General Plan policies and Implementing Actions would reduce potential impacts on library services.

City of Richmond–100 38th Street Project
Environmental Checklist Initial Study/Consistency Checklist and Addendum 144 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 The proposed project would likely increase residency population in the area. The project site is served by the Richmond Public Library and the library closest to the project site is the Main Branch Library, located approximately 0.6 mile south of the project site at 325 Civic Center Plaza. Proposed project development would not result in an increase in need for library space. With adherence to General Plan Policies and Actions, the proposed project would not result in new or more severe impacts related to library services than what was previously analyzed in the General Plan FEIR.

FEIR Mitigation Measures
None.

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

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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
XV. Recreation
Would the project:
a) Would the project
increase the use of
existing neighborhood
and regional parks or
other recreational
facilities such that
substantial physical
deterioration of the
facility would occur or
be accelerated?
Less than
significant
impact
No No No None
b) Does the project include
recreational facilities or
require the construction
or expansion of
recreational facilities,
which might have an
adverse physical effect
on the environment?
Less than
significant
impact
No No No None
a, b) Existing Neighborhood and Regional Parks and Recreational Facilities Would the project: a) increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated; or
Does the project: b) include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment?
The General Plan FEIR determined that the resulting increase in population from General Plan buildout would increase demand for parks and that the City would need to acquire 90.4 acres of additional parkland in the year 2030 to meet its standard of 3 acres of parkland per 1,000 residents.

The General Plan FEIR concluded that implementation of General Plan policies, payment of in lieu fees or dedication of land consistent with Chapter 15.08.400 of the Municipal Code, 67 and
surrounding regional and State Parks would ensure the City would have adequate park facilities to serve future residents and impacts would be less than significant. 67 City of Richmond. 2020. City of Richmond Municipal Code – Chapter 15.08.400 – Park and Recreation Dedication and Fees.

City of Richmond–100 38th Street Project
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As stated in the Project Description, the proposed project would redevelop Building A into 59 units and Building B would provide a total of 75 units. Building B would also provide 8,797 square feet of office space for supporting uses, including childcare. In total, project implementation would develop 135 new multi-family homes.

Due to the nature of the proposed project, it is likely that the population will increase and therefore, may increase the demand for park facilities in the surrounding area. The nearest parks are Nicholl Park located approximately 0.5 mile west of the project site at 3230 Macdonald Avenue and John F. Kennedy Park located approximately 0.7 mile south of the project site located at Cutting Boulevard and South 41st Street. As the General Plan FEIR stated that a population increase would be expected in the City, surrounding regional and State Parks would ensure the City would have adequate park facilities to serve future residents through payment of in lieu fees or dedication of land consistent with Chapter

15.08.400 of the Municipal Code. As a result, impacts would be less than significant.

Additionally, the proposed project does not include recreational facilities or require the construction or expansion of recreational facilities. Therefore, the proposed project would not result in new or more severe impacts related to park facilities beyond what was previously analyzed in the General Plan FEIR.

FEIR Mitigation Measures
None.

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

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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
XVI. Transportation
Would the project:
a) Conflict with a program
plan, ordinance or policy
of the circulation system,
including transit, roadway,
bicycle and pedestrian
facilities?
Less than
significant impact
with mitigation
incorporated
No No No MM 3.14-1
and
MM 3.14-3
b) Would the project conflict
or be inconsistent with
CEQA Guidelines Section
15064.3, subdivision (b)?
None identified No No No None
c) Substantially increase
hazards due to a
geometric design feature
(e.g., sharp curves or
dangerous intersections)
or incompatible uses
(e.g., farm equipment)?
Less than
significant
impact
No No No None
d) Result in inadequate
emergency access?
Less than
significant impact
with mitigation
incorporated
No No No MM 3.14-6
a) Congestion Management Plan
Would the project: Conflict with a program plan, ordinance or policy of the circulation system, including transit, roadway, bicycle and pedestrian facilities? The General Plan FEIR determined that General Plan buildout may result in traffic congestion that exceeds the previous City of Richmond traffic LOS standard of LOS D, as well as CCTA and the West Contra Costa County Transportation Advisory Commission (WCCTAC) LOS and Multimodal Transportation Service Objectives (MTSO) standards. LOS and MTSO impacts can and should be mitigated to a less than significant level by CCTA and WCCTAC through the adoption of appropriate LOS and MTSO thresholds, which are beyond the City's jurisdiction and control. The City adopted MM 3.14-1 to bring this impact to a less than significant level. With the City’s projected population increase under full buildout of the General Plan, the General Plan includes policies that would reduce traffic associated with development. Additionally, any future development would be subject to environmental review to determine impacts on traffic in accordance with CEQA Guidelines. Future planning efforts and environmental analysis would address additional growth beyond General Plan buildout.

City of Richmond–100 38th Street Project
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The proposed project is expected to generate an average of 879 net-new trips per day, including 74 AM peak-hour trips, and 85 PM peak-hour trips, as shown in Table 18.

Table 18: Trip Generation Summary
Land Use Units
Daily AM Peak-hour PM Peak-hour
Rate Trips Rate Trips In Out Rate Trips In Out
Proposed
Childcare 80 std 4.06 115 0.78 22 12 10 0.79 22 11 11
Housing 135 du 8.72 764 0.73 52 16 36 0.84 63 37 26
Total – 879 – 74 25 43 – 85 44 37
Notes:
std = student
du = dwelling unit
Source: W-Trans 2021.

W-Trans applied the peak-hour trips to four study intersections and found that all study intersections currently operate acceptably and would continue to do so under project conditions. W-Trans notes that under cumulative conditions (2040), all intersections would continue to operate acceptably with the exception of the east/west Bissell Avenue approach, which is projected to operate at Level of Service (LOS) F with or without the proposed project. This result indicates that a signal would be warranted if traffic volumes increase as indicated in the model. The City will continue to evaluate this location and may prioritize the implementation of a signal if traffic volumes increase as anticipated. Installation of a signal, if warranted, would improve the intersection operation to LOS A.

Regarding transit facilities, the General Plan FEIR included MM 3.14-3 to ensure that the City shall continue to cooperate and coordinate with transit agencies and work with the community to

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In reviewing the proposed project, the traffic study notes that existing transit routes are adequate to accommodate project-generated transit trips. Existing stops along Macdonald Avenue are within an acceptable walking distance of the site. The volume of riders expected to be generated by the project can be accommodated by the existing bus services, with several lines and frequent headways, near the project site. However, in accordance with MM 3.14-3, the City will continue to coordinate with transit agencies to seek further improvements and enhancements to the existing system.
b) Inconsistent with CEQA Guidelines Section 15064.3
Would the project: Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)?
This question was not included in the General Plan FEIR. No determination was made in the General Plan FEIR regarding the LOS related to the City’s consistency with CEQA Guidelines Section 15064.3 (b), which relates to the proposed project’s impacts on VMT because this question was not a part of the CEQA checklist at this time. Although VMT analysis was not a required component of transportation analysis under CEQA at the time the General Plan FEIR was prepared and certified, VMT was a known metric, and the potential for project travel demand to result in GHG emissions was studied in the General Plan FEIR. Therefore, the introduction of this metric is not considered “new information” for CEQA purposes, and it does not trigger the need for subsequent environmental review. However, as discussed below, even if a VMT analysis were required, the project would result in a less than significant impact. Accordingly, no new or more severe impact as compared to the General Plan FEIR would result.

Pursuant to Senate Bill (SB) 743, transportation impacts must be assessed using VMT analysis beginning February 4, 2021. Because the City has not yet adopted a standard of significance for evaluating VMT, guidance provided by the Governor’s Office of Planning and Research (OPR) in the publication Transportation Impacts (SB 743) CEQA Guidelines Update and Technical Advisory, 2018, was used. Guidance provided in these documents recommends the use of screening thresholds to quickly identify when a project should be expected to result in a less than significant impact without conducting a detailed study.

The City’s criteria further states that 100 percent affordable housing can be presumed to cause a less than significant VMT impact. This policy is consistent with OPR guidance, which states that there is evidence supporting a presumption of a less than significant impact for a 100 percent affordable residential development in infill locations.

The criteria also states that local serving retail projects comprised of less than 30,000 square feet can be presumed to cause a less than significant VMT impact since these types of uses would primarily draw users and customers from a relatively small geographic area that would lead to short-distance trips and trips that are linked to other destinations. The total demand for retail in a region, or in this

City of Richmond–100 38th Street Project
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Because the proposed project would satisfy the affordable housing screening criteria, the proposed project would meet the Richmond VMT Criteria for residential projects. Residential projects would have to generate vehicle travel at 15 or more percent below the baseline regional average household VMT per capita to have a less than significant impact on VMT. The proposed project has a homebased VMT of 9.2 miles per resident, because the VMT rate is lower than the significance threshold there would be a less than significant impact. Therefore, the proposed project would not result in new impacts related to traffic increase beyond what was previously analyzed in the General Plan FEIR.

Impacts would be less than significant, and no additional analysis is necessary. c) Roadway Safety Hazards
Would the project: Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? The General Plan FEIR evaluated rail and roadway crossings for potential safety conflicts and determined that General Plan Policies and Actions would improve safety and mobility and no impacts would occur. The General Plan FEIR concluded that implementation of policies and provisions to maintain roadways and improve traffic flow would, in combination with construction of planned new roadway facilities, ensure impacts related to roadway safety hazards would be less than significant.

The proposed project would remove the existing driveway on Bissell Avenue and the eastern driveway at the Courthouse Complex and construct a new driveway for primary access on Bissell Avenue. The posted speed limit for Bissell Avenue is 25 miles per hour (mph), with a corresponding minimum recommended stopping sight distance of 150 feet. The available sight distance at the project driveway is estimated to exceed 150 feet in both directions. Therefore, the proposed project and would not result in new impacts related to roadway hazards due to design feature or incompatible uses beyond what was previously analyzed in the General Plan FEIR d) Emergency Access
Would the project: Result in inadequate emergency access? The General Plan FEIR determined that population growth projected under General Plan buildout would substantially increase traffic congestion and therefore, delays for emergency vehicles would be increased as well. However, the General Plan FEIR determined buildout would cause traffic congestion on local roadways that would reduce vehicle travel speeds such that emergency vehicles would be significantly delayed. The General Plan FEIR determined that impacts would be less than significant, with the implementation of MM 3.14-6.

Access to the project site would be provided by a new driveway on Bissell Avenue. The new driveway would be constructed as part of the new development and consistent with driveway widths required by the City of Richmond Municipal Code. The project site would also be accessed from 37th Street via an existing driveway shared with the neighboring Courthouse. Driveways would be expected to provide ample space to allow an emergency vehicle to enter and exit the project site safely. In

City of Richmond–100 38th Street Project
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FEIR Mitigation Measures
MM 3.14-1 Future projects shall incorporate project-specific mitigation measures to reduce traffic impacts.

MM 3.14-3 The City shall continue to cooperate and coordinate with transit agencies and work with the community to promote and advocate for improved transit services and increased transit capacity to meet anticipated General Plan implementation and cumulative impacts for transit service, and seek grant funding opportunities to supplement available transit service.

MM 3.14-6 The City will continue to support coordination among its departments and other agencies in planning for emergency access and response routes, and will periodically review and as appropriate update its emergency access and response route planning.

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

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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
XVII. Utilities and Service Systems
Would the project:
a) Require or result in the
relocation or construction
of new or expanded water,
wastewater treatment or
stormwater drainage,
electric power, natural gas,
or telecommunications
facilities, the construction
or relocation of which
could cause significant
environmental effects?
Less than
significant
impact
No No No None
b) Have sufficient water
supplies available to serve
the project and reasonably
foreseeable future
development during
normal, dry and multiple
dry years?
Less than
significant
impact
No No No None
c) Result in a determination
by the wastewater
treatment provider which
serves or may serve the
project that it has
adequate capacity to serve
the project’s projected
demand in addition to the
provider’s existing
commitments?
Less than
significant
impact
No No No None
d) Generate solid waste in
excess of State or local
standards, or in excess of
the capacity of local
infrastructure, or
otherwise impair the
attainment of solid waste
reduction goals?
Less than
significant
impact
No No No None
e) Comply with federal, State,
and local management and
reduction statutes and
regulations related to solid
waste?
Less than
significant
impact
No No No None

City of Richmond–100 38th Street Project
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Would the project: Require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
The General Plan FEIR evaluated the necessity of construction new water or water treatment facilities or the expansion of existing facilities and concluded that the EBMUD 2040 Demand Study demonstrated that sufficient water supply would be available to General Plan buildout development.

It was also determined that the EBMUD would meet the City’s water demand (230 million gallons per day [mgd] by year 2040), that the existing water supply would provide sufficient water supply capacity, and that EBMUD would provide verification of adequate water supplies for subsequent projects. The General Plan FEIR also determined that increased urban development as part of General Plan buildout could increase stormwater generation and the need for stormwater drainage facilities. Furthermore, the General Plan FEIR concluded that implementation General Plan Policies and Actions would address the potential for inadequate water supply and impacts related to exceedance of existing and planned stormwater capacity and additional source of polluted runoff impacts would be less than significant.

The project site is located within the Richmond Municipal Sewer District.68 Wastewater from the proposed project would be collected via new sewer lines and directed to Veolia Water North Wastewater Treatment Plant (WWTP). Wastewater generated on the project site would continue to comply with all provisions of the San Francisco Bay RWQCB NPDES permit system, and would not exceed applicable wastewater treatment requirements. The proposed project would increase wastewater generation compared to existing conditions. However. the proposed project is required to pay sewer service fees that would be used to fund any required improvements to wastewater treatment facilities. Because the proposed project would develop as intended in the General Plan, the proposed project would not result in new or more severe impacts related to wastewater treatment capacity beyond what was previously analyzed in the General Plan FEIR.

As mentioned in the Project Description, storm drainage would be collected in bioretention treatment areas before routing off the site through connections to existing storm drains in the parking lot and Bissell Avenue and 39th Street. Thus, the proposed project would use the existing storm and sewer drains and the existing storm drain catch basin which extends throughout the project site. The proposed project would also be required to obtain all applicable permits related to stormwater generation during construction, which would include the completion of a Stormwater Control Plan. Therefore, the proposed project would not introduce new or more severe impacts related to stormwater system capacity beyond what was previously evaluated in the General Plan FEIR.
68 City of Richmond. 2013. Municipal Sewer System. Website: http://www.ci.richmond.ca.us/DocumentCenter/View/5627/CORSewer-District-Map?bidId=. Accessed June 17, 2020.

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Would the project: Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? As discussed above, the General Plan FEIR assessed whether the EBMUD would have adequate water supplies for the City of Richmond at buildout. The EBMUD prepared its 2040 Demand Study, which estimated future water demand for the EBMUD’s service area taking into account future developments within each different jurisdiction, including demands generated by the Richmond General Plan 2030. The General Plan FEIR determined that the EBMUD would meet the City’s water demand (230 mgd by year 2040), that the existing water supply would provide sufficient water supply capacity, and that EBMUD would provide verification of adequate water supplies for subsequent projects. The General Plan FEIR concluded that implementation of General Plan Policies and Actions would further reduce water consumption within the City by promoting water conservation methods and requiring new development pay fees for future infrastructure improvements to provide water conveyance and capacity increases. Therefore, as indicated in the General Plan FEIR, the City would have adequate water supply, including existing and additional supply, to meet planned future development demands plus the maximum anticipated demands from the General Plan.

As previously mentioned in the Project Description, the proposed project would utilize the existing water and sanitary lines in Bissell Avenue and those in 39th Street, which extend throughout the project site. The proposed project would increase water demand compared to the site’s existing vacant condition. Prior institutional use on the project site was estimated to be of approximately 1.4 mgd of daily water consumption.
69 The proposed project’s Medium-Intensity Mixed-Use
(Commercial Emphasis) land use designation would increase the project site’s prior use daily water consumption. With approval of the GPA, the proposed project would be consistent with the General Plan land use designation and Zoning Code designation and its corresponding development standards applicable to water use. Therefore, water demand for the project site was included in the EBMUD 2040 Demand Study, and the increase in demand associated with the proposed project is a nominal increase from what was assumed in the Urban Water Management Plan (UWMP) and represents a de minimis proportion of the projected water demand under General Plan buildout (230 mgd by year 2040). As a result, the City would have sufficient water supplies to serve the proposed project and would not require new or expanded water treatment facilities. Therefore, the proposed project would not result in new or more serve impacts related to water treatment facilities expansion beyond what was previously analyzed in the General Plan FEIR. c) Wastewater Treatment Capacity
Would the project: Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? The General Plan FEIR determined that implementation of General Plan policies would ensure that stormwater conveyance capacity constraints are remediated and maintained as development under 69 United States Energy Information Administration. 2012 Commercial Buildings Energy Consumption Survey: Water Consumption in Large Buildings Summary. 2012. https://www.eia.gov/consumption/commercial/reports/2012/water. Accessed November 8, 2021.

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As previously mentioned in the Project Description, the proposed project would utilize the existing water and sanitary lines in Bissell Avenue and those in 39th Street, which extend throughout the project site. The proposed project would increase wastewater generation compared to existing conditions.

However, the proposed project would be required to pay sewer service fees that would be used to fund any required improvements to wastewater treatment facilities. Because the proposed project would develop as intended in the General Plan, implementation of the proposed project would not result in new or more severe impacts related to wastewater treatment capacity beyond what was previously analyzed in the General Plan FEIR.
d) Solid Waste Reduction Goals Consistency
Would the project: Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
The General Plan FEIR determined that General Plan buildout would produce 55,796 tons of solid waste in 2030 (or 152.9 tons per day) which would be an increase of 12,662 tons (or 34.7 tons per day) from 2005.70 Furthermore, it is noted that the State of California requires all jurisdictions to meet a 50 percent waste reduction mandate. The General Plan FEIR concluded that West County met the 50 percent waste diversion goal in 2006, and West Contra Costa Integrated Waste Management Authority (RecycleMore) continues to work to maintain this level of diversion. The California Integrated Waste Management Board (CIWMB) estimates an average per capita solid waste disposal rate for the City of Richmond to be 0.36 tons per resident per year; business waste disposal rates estimated by the CIWMB range from 0.3 ton per year for general merchandise stores to 3.1 tons per year for restaurants. To meet and maintain the 50 percent diversion rate, Richmond Sanitary Services has established residential and commercial co-mingled recycling collection and green waste collection services within its service area. Additionally, the General Plan FEIR stated that expansion of the Potrero Hills Landfill would ensure the City would have adequate landfill capacity and existing landfill facilities are adequate to serve the City through the General Plan horizon year 2030. Therefore, impacts related to solid waste reduction goals would be less than significant.

The proposed project includes land use and density, Medium-Intensity Mixed-Use (Commercial Emphasis), that was evaluated in the General Plan FEIR. As the proposed project has the potential to increase population, the number of available landfills and their available capacities is sufficient to accommodate the landfill disposal needs of the project throughout the timeframe of General Plan buildout. Therefore, the proposed project would not result in new or more severe impacts related to solid waste reduction goals beyond what was previously analyzed in the General Plan FEIR. 70 City of Richmond. 2011. General Plan 2030 Draft EIR, page 3.13-25.

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Environmental Checklist Initial Study/Consistency Checklist and Addendum 156 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 e) Solid Waste Regulations Consistency
Would the project: Comply with federal, State, and local management and reduction statutes and regulations related to solid waste?
The General Plan FEIR determined that the City, as part of RecycleMore, met the 50 percent waste diversion goal in 2006. Furthermore, the General Plan FEIR determined implementation of General Plan policies would reduce impacts related to solid waste regulations to a less than significant level by regularly reviewing waste management plans, promoting recycling and composting, and develop a construction and demolition ordinance.

Consistent with the General Plan FEIR, the proposed project would comply with General Plan policies as well as City and RecycleMore waste diversion measures. Therefore, the proposed project would not result in new or more severe impacts related to solid waste regulations beyond what was previously analyzed in the General Plan FEIR.

FEIR Mitigation Measures
None.

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

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Environmental Checklist FirstCarbon Solutions 157 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
XVIII. Wildfire
If located in or near State Responsibility Areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an
adopted emergency
response plan or
emergency evacuation
plan?
Less than
significant
impact with
mitigation
incorporated
No No No MM 3.14-6
b) Due to slope, prevailing
winds, and other
factors, exacerbate
wildfire risks, and
thereby expose project
occupants to, pollutant
concentrations from a
wildfire or the
uncontrolled spread of a
wildfire?
Less than
significant
impact
No No No None
c) Require the installation
or maintenance of
associated
infrastructure (such as
roads, fuel breaks,
emergency water
sources, power lines or
other utilities) that may
exacerbate fire risk or
that may result in
temporary or ongoing
impacts to the
environment?
Less than
significant
impact
No No No None
d) Expose people or
structures to significant
risks, including
downslope or
downstream flooding or
landslides, as a result of
runoff, post-fire slope
instability, or drainage
changes?
Less than
significant
impact
No No No None

City of Richmond–100 38th Street Project
Environmental Checklist Initial Study/Consistency Checklist and Addendum 158 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 a) Emergency Response/Evacuation Plan Consistency
Would the project: If located in or near State Responsibility Areas or lands classified as very high fire hazard severity zones, substantially impair an adopted emergency response plan or emergency evacuation plan?
The General Plan FEIR identified two thresholds for emergency vehicle response: (1) design features that accommodate emergency vehicle access and circulation; and (2) travel speeds on primary emergency response routes. The General Plan FEIR determined that General Plan Policies and Actions would ensure emergency vehicle access would be accommodated but roadway congestion may increase due to population and job growth such that travel speeds may drop and impact emergency vehicle response. The General Plan FEIR concluded that with implementation of General Plan Policies and Actions implementation of MM 3.14-6, impacts to emergency response would be significant and unavoidable.

The project site is not designated within a CAL FIRE “Very High Fire Hazard Severity Zone” in a Local Responsibility Area (LRA) nor a fire hazard zone in a State Responsibility Area (SRA).71 The project site is located in an urban environment surrounded by urban development. The nearest Fire Hazard Severity Zone is located approximately 1.5 miles northeast of the project site (Wildcat Canyon Regional Park) and is designated as a Very High Fire Hazard Severity Zone. Although the average windspeeds in the area range from 21 mph to 27 mph, high prevailing winds would not exacerbate wildfire risk due to the relatively flat topography and the location of the project site.

Furthermore, the proposed project would include a driveway that would connect to Bissell Avenue in compliance with the City of Richmond Municipal Code and the California Fire Code. The project site is located adjacent to Bissell Avenue and, as a result, would not interfere with primary evacuation routes in the City such as Macdonald Avenue or I-80.

Additionally, the project does not propose permanent road closures or lane narrowing that would impact an emergency response plan or evacuation plan. With the proposed GPA that would change the current land use designation from Public, Cultural, and Institutional to Medium-Intensity MixedUse (Commercial Emphasis), the proposed project would develop a total of 135 multi-family homes consistent with the new land use designation policies and regulations. Therefore, the proposed project would not result in new or more severe impacts related to emergency response plans beyond what was previously analyzed in the General Plan FEIR. b) Expose Project Occupants to Pollutant Concentrations from Wildfire Would the project: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? 71 California Department of Forestry and Fire Protection (CAL FIRE). 2009. Richmond–Very High Fire Hazard Severity Zones in LRA.

Website: https://osfm.fire.ca.gov/media/5784/richmond.pdf. Accessed August 4, 2021.

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Environmental Checklist FirstCarbon Solutions 159 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 General Plan FEIR determined that General Plan buildout would occur within the city limits and consist primarily of infill development. The General Plan EIR concluded that General Plan policies, including Action SN2.D, Fire Prone Area Designation, requires the City to designate areas particularly prone to fire hazards and requires proposed development to minimize fire hazards and vulnerability.

Therefore, the General Plan FEIR determined that implementation of these policies would reduce impacts to a less than significant level.

The project site is not located adjacent to unmanaged open space or a recognized fire prone area.

The project site is located within a flat, highly urbanized area of the City. The Bay Area Air Quality Management District (BAAQMD) monitors wind speeds at locations in the Bay Area with the closest being in Oakland, approximately 16 miles south of the project site. The City of Oakland is located in a similar climate as the City of Richmond and, as such, would experience similar average wind speeds.

The average wind speeds at the Oakland BAAQMD station in 2019 ranged from 6 mph to 9 mph, with maximum gusts ranging from 21 mph to 27 mph.

As a result, the proposed project is not located on a project site with severe slopes or high prevailing winds that would further exacerbate wildfire risk. Therefore, the proposed project would not result in new or more severe impacts related to exposure of project occupants to pollutants concentrations from wildfire beyond what was previously analyzed in the General Plan FEIR. c) Infrastructure that Exacerbates Fire Risk
Would the project: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
The General Plan FEIR determined that new development would be primarily infill and within the City limits near existing urban infrastructure and already served by the RFD. The RFD is responsible for emergency medical services, fire suppression, mitigation of disasters, and rescues activities. The General Plan FEIR concluded that new development would implement General Plan policies that would regulate the development of infrastructure that could exacerbate fire risk and infrastructure; the General Plan FEIR concluded implementation of these policies would reduce impacts to a less than significant level.

The project site is located within a flat, highly urbanized area of the City. The project site is surrounded by the Courthouse Complex to the west and commercial buildings to the east and north.

Pursuant to General Plan Action SN1.B, the proposed project would be reviewed prior to approval to ensure that the most recent building standards and fire prevention measures are included in the project design. In addition, the proposed project would comply with the applicable fire safety provisions of the 2019 CBC, thereby reducing the risk of damage from fire to the maximum extent practicable. The proposed project would include roadway improvements along Bissell Avenue. The proposed project would not include the installation of emergency water sources or overhead power lines. Therefore, the proposed project would not result in new or more severe impacts related to infrastructure that exacerbates fire risk beyond what was previously analyzed in the General Plan FEIR.

City of Richmond–100 38th Street Project
Environmental Checklist Initial Study/Consistency Checklist and Addendum 160 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 d) Flooding and Landslide Hazards Due To Post-fire Slope Instability/Drainage Changes Would the project: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones ,expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
The General Plan FEIR determined that new development would potentially increase wildland fire risk and that the City contains areas that are susceptible to landslides. General Plan Policies SN2.2, Level of Service, SN2.3, Fire Safety, SN3.1, Emergency and Disaster Preparedness would ensure the RFD could provide adequate fire protection services to future development. Action SN1.B, regarding Building Structure Safety Standards, would ensure building structure safety standards are regularly updated to protect people and property from fire hazards. The General Plan FEIR concluded that new development would implement General Plan policies designed to reduce impacts from wildfires and implementation of these General Plan policies would reduce impacts to a less than significant level.

The project site is located within a flat, highly urbanized area of the City that has not experienced wildfire. Additionally, the project site is not located near unmanaged open space or dense natural vegetation prone to wildfires. Therefore, the proposed project would not result in new or more severe impacts related to post-fire slope instability or drainage changes beyond what was previously analyzed in the General Plan FEIR.

FEIR Mitigation Measures
MM 3.14-6 The City will continue to support coordination among its departments and other agencies in planning for emergency access and response routes, and will periodically review and as appropriate update its emergency access and response route planning.

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

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Environmental Checklist FirstCarbon Solutions 161 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?
Mitigation
Measures
XX. Mandatory Findings of Significance
a) Does the project have
the potential to
substantially degrade
the quality of the
environment,
substantially reduce the
habitat of a fish or
wildlife species, cause a
fish or wildlife
population to drop
below self-sustaining
levels, threaten to
eliminate a plant or
animal community,
substantially reduce the
number or restrict the
range of a rare or
endangered plant or
animal, or eliminate
important examples of
the major periods of
California history or
prehistory?
Less than
significant
impact with
mitigation
incorporated
No No No MM 3.2-1;
MM 3.14-1;
MM 3.14-3;
MM 3.14-6;
MM 3.15-1;
MM 3.15-2a;
MM 3.15-2b;
MM 3.15-2c;
MM 3.15-2d
b) Does the project have
impacts that are
individually limited, but
cumulatively
considerable?
(“Cumulatively
considerable” means
that the incremental
effects of a project are
considerable when
viewed in connection
with the effects of past
projects, the effects of
other current projects,
and the effects of
probable future
projects)?
Less than
significant
impact
No No No None

City of Richmond–100 38th Street Project
Environmental Checklist Initial Study/Consistency Checklist and Addendum 162 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?
Mitigation
Measures
c) Does the project have
environmental effects,
which will cause
substantial adverse
effects on human
beings, either directly or
indirectly?
Less than
significant
impact
No No No None
a) Potential Degradation to Environment and Examples of California History or Prehistory Does the project: Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? The proposed project may result in several impacts associated with aesthetic resources, biological resources, cultural resources, and population and housing resources that would be significant if left unmitigated. FEIR Aesthetics MM 3.15-1, MM 3.15-2a, MM 3.15-2b, MM 3.15-2c, MM 3.15-2d, and Population and Housing MM 3.2-1, and uniformly applied federal and State Guidance measures would ensure compliance with General Plan policies and would reduce all potential impacts to less than significant levels. With the implementation of these mitigation measures, the proposed project would therefore, have less than significant impacts.
b) Cumulatively Considerable Impacts
Does the project: Have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? All cumulative impacts related to air quality, noise, and traffic are either less than significant after mitigation or less than significant and do not require mitigation. Given the scope of the proposed project and its impacts and mitigation measures, the incremental effects of this proposed project are not considerable relative to the effects of past, current, and probable future projects. As discussed previously, the proposed project does not have a significant cumulative traffic impact. Therefore, the proposed project would not result in cumulatively considerable impacts on these areas. Impacts would be less than significant.

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Environmental Checklist FirstCarbon Solutions 163 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx c) Adverse Effects on Human Beings?
Does the project: Have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly?
All impacts identified in this Initial Study and Checklist are either less than significant after mitigation, or less than significant and do not require mitigation. Therefore, the proposed project would not result in environmental effects that cause substantial adverse effects on human beings either directly or indirectly. Impacts would be less than significant.

FEIR Mitigation Measures
Implement the following FEIR Mitigation Measures:

Transportation MM 3.14-1, MM 3.14-3, MM 3.14-6; Aesthetics MM 3.15-1, MM 3.15-2a, MM 3.15- 2b, MM 3.15-2c, MM 3.15-2d; and Population and Housing MM 3.2-2 Conclusion
There is no additional information identifying new significant effects, nor is there an increase in the severity of previously identified impacts related to mandatory findings of significance. The conclusions from the General Plan EIR regarding impacts above remain unchanged. No further analysis is required.

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City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum List of Preparers FirstCarbon Solutions 165 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 5: LIST OF PREPARERS
FirstCarbon Solutions
1350 Treat Boulevard, Suite 380
Walnut Creek, CA 94597
Phone: 925.357.2562
Fax: 925.357.2572
Project Director.................................................................................................................. Mary Bean Senior Project Manager........................................................................................... Elizabeth Johnson Assistant Project Manager....................................................................................... Rachel Krusenoski Legal Counsel ..............................................................................................................Megan Starr, JD Director of Noise and Air Quality ...........................................................................Philip Ault, LEED AP Air Quality Specialist........................................................................................................... Lance Park Director of Cultural Resources.......................................................................Dana DePietro, PhD, RPA Cultural Resources Analyst ........................................................................................................ Ti Ngo Senior Biologist ............................................................................................................. Robert Carroll Biologist.......................................................................................................................Alec Villanueva Environmental Services Analyst............................................................................... Regan Del Rosario Environmental Services Analyst....................................................................................... Rachel Duffy Publications Manager........................................................................................................Susie Harris Word Processor..........................................................................................................Melissa Ramirez GIS/Graphics..................................................................................................................Octavio Perez W-Trans—Transportation Subconsultant
Kenny Jeong
7901 Oakport Street, Suite 1500
Oakland, CA 94621
Southern Environmental—Cultural Subconsultant
Samantha Murray
1443 East Washington Boulevard, #288
Pasadena, CA 91104

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NORTH AMERICA | EUROPE | AFRICA | AUSTRALIA | ASIA
WWW.FIRSTCARBONSOLUTIONS.COM
Mitigation Monitoring and Reporting Program
for the
100 38th Street Project
Draft Initial Study/Consistency Checklist
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
2999 Oak Road, Suite 250
Walnut Creek, CA 94597
925.357.2562
Contact: Mary Bean, Project Director
Elizabeth Johnson, Project Manager
Report Date: September 20, 2022
Exhibit B

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City of Richmond–100 38th Street Project
Mitigation Monitoring and Reporting Program Preface
FirstCarbon Solutions 1 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/MMRP/21210021 Richmond 100 38th Street MMRP.docx

PREFACE
Section 21081.6 of the California Environmental Quality Act (CEQA) and CEQA Guidelines Section 15097 require a Lead Agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) whenever it adopts a Mitigated Negative Declaration (MND) in conjunction with a project approval.

The purpose of the MMRP is to ensure compliance with the mitigation measures occurs during project implementation.

The Draft Initial Study/Mitigated Negative Declaration (Draft IS/MND) prepared for the proposed 100 38th Street Project (proposed project) concluded that project implementation could result in potentially significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval that reduce these potential impacts to a less than significant level. This MMRP documents how and when the mitigation measures adopted by the lead agency will be implemented and confirms that potential environmental impacts are reduced to less than significant levels as identified in the MND.

This document does not discuss those subjects that the environmental analysis demonstrates would result in less than significant impacts and for which no mitigation was proposed or necessary.

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City of Richmond–100 38th Street Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 3
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/MMRP/21210021 Richmond 100 38th Street MMRP.docx Table 1: 100 38th Street Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
I. Aesthetics, Light, and Glare
MM 3.15-1: As 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.

Require and store visual
records for retrieval for
future studies
On-going Planning and Building
Services
MM 3.15-2a: All street lighting shall be directed downward and shielded to prevent light spill onto surrounding properties, sky glow, and glare.

Street lighting shall be
directed downward
During project design
and development
review
Planning and Building
Services
MM 3.15-2b: The City shall restrict the use of high-level outdoor lighting for new homes, particularly along the hillside ridges.

Restrict the use of high
level outdoor lighting
During project design
and development
review
Planning and Building
Services
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.

Landscaping shall reduce
spill light from vehicles
and buildings
During project design
and development
review
Planning and Building
Services
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.

Require design review if
reflective glass or metal
During project design
and development
review
Planning and Building
Services

City of Richmond–100 38th Street Residential Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 4
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/MMRP/21210021 Richmond 100 38th Street MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
III. Air Quality
MM 3.3-2a: Implement BAAQMD Best Management Practices
During Construction
All construction projects under the implementation of the General Plan shall incorporate the most recent Best
Management Practices (BMPs) as required by the Bay Area Air Quality Management District (BAAQMD). Therefore, the BMPs, as recommended by the BAAQMD, shall be implemented
during construction:
• All active construction areas shall be watered at least two times per day.
• All exposed non-paved surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and access roads) shall be watered at least three times per day and/or non-toxic soil stabilizers shall be applied to exposed non-paved surfaces. • All haul trucks transporting soil, sand, or other loose material off-site shall be covered and/or shall maintain at least 2 feet of freeboard.
• All visible mud or dirt track out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.
• All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
• Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage regarding idling restrictions Incorporate the most
recent BMP
On-going during
grading and
construction
Planning and Building
Services/BAAQMD

City of Richmond–100 38th Street Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 5
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/MMRP/21210021 Richmond 100 38th Street MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
shall be provided for construction workers at all access points.
• All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and
determined to be running in proper condition prior to
operation.
• The prime construction contractor shall post a publicly visible sign with the telephone number and person to
contact regarding dust complaints. The City of Richmond and the construction contractor shall take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.

MM 3.3-3d: The City of Richmond shall consult with the Bay Area Air Quality Management District (BAAQMD) to identify TAC sources and determine the need for and requirements of a Health Risk Assessment for proposed developments. As
determined by the Health Risk Assessment prepared for the project based on BAAQMD cancer risk thresholds, the
following requirement shall be implemented:

During construction activities, all off-road equipment with engines greater than 50 horsepower shall meet either United States Environmental Protection Agency (EPA) or California Air Resources Board (ARB) Tier 4 Final off-road emission standards.

The construction contractor shall maintain records concerning its efforts to comply with this requirement, including
equipment lists. Off-road equipment descriptions and
information may include but are not limited to equipment type, equipment manufacturer, equipment identification number, engine model year, engine certification (Tier rating),
horsepower, and engine serial number.

Identify TAC sources and
determine the need for a
health risk assessment
During project design
and development
review
Planning and Building
Services

City of Richmond–100 38th Street Residential Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 6
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/MMRP/21210021 Richmond 100 38th Street MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
MM 3.14-3: The City shall continue to cooperate
And coordinate with transit agencies and work with the
community to promote and advocate for improved transit
services and increased transit capacity to meet anticipated General Plan implementation and cumulative impacts for
transit service, and seek grant funding opportunities to supplement available transit service.

Cooperate and coordinate
with transit agencies;
work with the community
On-going City Manager's
Office/Planning and
Building Services
V. Cultural Resources and Tribal Cultural Resources
The following 3 mitigation measures shall be included as condition of approval for the project and shall be implemented in accordance with General Plan MM 3.5-1, MM

3.5-2a and MM 3.5-2b:

MM 3.5-1: Future projects shall implement the City’s Historic Structures Code to minimize impacts on historical resources by requiring thorough scrutiny for compliance with applicable legal requirements, including but not limited to compliance with the General Plan's historic resource protection policies, and compliance with State and federal historic resource protection laws, before any resource may be demolished and ensuring that alteration conforms to the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

Investigate historical
resources before
demolition and ensure
that alteration conforms
to the Secretary of the
Interior’s Standards for
the Treatment of Historic
Properties, and complies
with General Plan policies
and state and federal
historic resource
protection laws.

Prior to approval of
application for
demolition or
alteration
Planning and Building
Services
MM 3.5-2a: The City shall require that impacts on unique archaeological resources be mitigated to a less than significant level through methods identified in Public Resources Section 21083.2, including planning construction to avoid
archaeological sites, deeding archaeological sites into permanent conservation easements, capping or covering
archaeological sites with a layer of soil before building on the sites, or planning parks, greenspace, or other open space to incorporate archaeological sites.

Comply with mitigation
requirements regarding
consultation and
subsequent actions if
archaeological resources
are encountered.

Prior to grading
activities and
ongoing during
construction
Planning and Building
Services

City of Richmond–100 38th Street Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 7
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Verification
Verification of Completion
Date Initial
MM 3.5-2b: The City shall require new development within the City to evaluate the potential for impacts on human remains.

The City shall require that the treatment of human remains and of associated or unassociated funerary objects discovered during any soils disturbing activity shall comply with applicable State and federal laws, including notification of the County Coroner and, in the event of the Coroner’s determination that the human remains are Native American remains, notification of the Native American Heritage Commission (NAHC).

Comply with mitigation
requirements regarding
consultation and
subsequent actions if
human remains are
encountered
Prior to grading
activities and
ongoing during
construction
Planning and Building
Services
FEIR MM 3.5-2a: An Archaeologist who meets the Secretary of the Interior’s Professional Qualification Standards for archaeology should conduct a pedestrian survey following removal of asphalt and building demolition at the site, and prior to trenching and grading. This may be followed by regular periodic or “spot-check” archaeological monitoring as
determined by the Archaeologist. In the event a potentially significant cultural resource is encountered during subsurface earthwork activities, all construction activities within a 100- foot radius of the find shall cease and workers should avoid altering the materials until an archaeologist who meets the Secretary of Interior’s Professional Qualification Standards for archaeology has evaluated the find. The project applicant shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this
requirement. The qualified archaeologist shall make
recommendations to the Lead Agency on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation and evaluation of the finds in accordance with Section 15064.5 of the CEQA
Guidelines. Potentially significant cultural resources include, but are not limited to, stone, bone, glass, wood, or shell artifacts or features, including hearths, structural remains, or historic dumpsites. Any previously undiscovered resources found during construction within the project site shall be Archaeologist who meets
the Secretary of the
Interior’s Professional
Qualification Standards
for archaeology should
conduct a pedestrian
survey, followed by
regular periodic or “spotcheck” archaeological
monitoring as determined
by the Archaeologist.

Comply with mitigation
requirements regarding
consultation and
subsequent actions if
archaeological resources
are encountered.

Following removal of
asphalt and building
demolition at the
site, and prior to
trenching and
grading
Planning and Building
Services

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Date Initial
recorded on appropriate Department of Parks and Recreation (DPR) 523 forms and will be submitted to the City of Richmond, the Northwest Information Center (NWIC), and the California Office of Historic Preservation (OHP), as required.

FEIR MM 3.5-2b: In the event of an accidental discovery or recognition of any human remains, Public Resource Code
Section 5097.98 must be followed. In this instance, once project-related earthmoving begins and if there is accidental discovery or recognition of any human remains, the following steps shall be taken:

1. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the Contra Costa County
Coroner is contacted to determine whether the remains are Native American and if an investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the NAHC within 24 hours, and the NAHC shall identify the person or persons it believes to be the “most likely descendant” of the
deceased Native American. The most likely descendant may make recommendations to the landowner or the person
responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public
Resource Code Section 5097.98, or

2. Where the following conditions occur, the landowner or his/her authorized representative shall rebury the Native American human remains and associated grave goods with
appropriate dignity ither in accordance with the
recommendations of the most likely descendant or on the project area in a location not subject to further subsurface disturbance:
• The NAHC is unable to identify a most likely descendant, or the most likely descendant failed to make a
Comply with mitigation
requirements regarding
consultation and
subsequent actions if
human remains are
encountered
During grading
activities and
ongoing during
construction
County Coroner,
Planning and Building
Services

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recommendation within 48 hours after being notified by
the commission;
• The descendant identified fails to make a
recommendation; or
• The landowner or his authorized representative rejects the recommendation of the descendant, and the
mediation by the NAHC fails to provide measures
acceptable to the landowner.

VII. Greenhouse Gases
MM 3.6-1a: All construction projects shall incorporate the most recent Best Management Practices for Greenhouse Gas Emissions as indicated by the BAAQMD.

Incorporate the most
recent BMP
On-going during
grading and
construction
Planning and Building
Services
MM 3.6-1b: All new development and all retrofits of singlefamily developments, multi-family developments of over 10 units, and all commercial/industrial remodels of over 10,000 square feet shall be required to exceed Title 24 standards by 20 percent by 2020 and 30 percent by 2030. This mitigation measure enhances General Plan Action EC3.C.

New development and all
retrofits shall be required
to exceed Title 24
standards by 20 percent
by 2020 and 30 percent
by 2030
During project design
and development
review
Planning and Building
Services
MM 3.6-1c: Require all new City-owned and operated facilities and 50 percent of all new development to generate at least 10 percent of their energy use from renewable sources. Enhances General Plan Action EC3.B.

Require facilities to
generate at least 10
percent of energy use
from renewable sources
During project design
and development
review
Planning and Building
Services
MM 3.6-1d: All new commercial and multi-family
developments installing boilers shall be required to install energy efficient boilers such that they achieve a minimum 4.5 percent reduction in energy usage. The same reductions shall be required of all remodeled multi-family developments of over 10 units and all commercial/industrial remodels of over 10,000 square feet.

Developments installing
boilers shall be required
to install energy efficient
boilers
During project design
and development
review
Planning and Building
Services
MM 3.6-1e: Develop improved waste reduction and expanded recycling programs such that a 75 percent diversion rate is achieved by 2020 and an 85 percent diversion rate is achieved Develop improved waste
reduction and expanded
recycling programs
Within two years of
the adoption of the
General Plan
City Manager’s Office

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by 2030 for all non-construction waste streams. Potential measures could include: providing recycling containers in parks and public spaces; establishing computer reuse and recycling programs; enhancing recycling and green waste services for all residents; and providing locations for household hazardous wastes to be recycled. Enhances General Plan Actions EC3.D.

MM 3.6-1f: Develop a program that requires all construction and demolition activities to evaluate energy use and waste and to reduce or mitigate construction-related impacts by 75 percent. Enhances General Plan Actions EC3.E.

Require construction and
demolition activities to
evaluate energy use and
waste
Within two years of
adoption of the
General Plan
City Manager’s Office
MM 3.6-1i: Implement Citywide car and bicycle sharing
programs. Collaborate with service providers to identify potential sites for locating carshares.

Implement Citywide car
and bicycle sharing
programs
On-going Planning and Building
Services
MM 3.6-1j: Require new local serving mixed-use in residential areas to provide needed services and amenities close to where people live and work. Require new development and
redevelopment projects to provide community amenities and uses that serve priority community needs. Enhances General Plan Policy EC4.1 and General Plan Actions EC4.A, EC4.B, and EC4.D.

Include new local-serving
mixed-use as part of
development in
residential areas
During project design
and development
review
Planning and Building
Services
MM 3.6-1k: Require mixed-use development along transitoriented corridors that attracts people and facilitates activity throughout the day. Prohibit isolated or gated communities in order to improve physical connectivity throughout the City, and remove barriers in existing gated areas. Maintain streets to ensure that neighborhoods and streets are safe and well used.

Enhances General Plan Policy EC4.2 and Actions EC2.C, EC2.E, EC2.G, EC4.A, EC4.B, EC4.C and EC4.E
Include mixed-use as part
of development along
transit-oriented corridors
During project design
and development
review
Planning and Building
Services

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MM 3.6-1m: All new street lighting and all remodeled or replaced street lighting shall consist of high-efficiency lamps that reduce energy consumption by a minimum of 16 percent.

Use high-efficiency lamps
for street lighting
On-going Engineering Services
Department/
Planning and Building
Services/City
Manager’s Office
MM 3.6-1n: All new traffic lights and all replaced traffic lights shall consist of LED lights. This high-efficiency lighting would reduce emissions from traffic lights by 90 percent.

Use LED technology for
new traffic light
On-going Engineering Services
Department/
Planning and Building
Services/City
Manager’s Office
MM 3.6-1o: Require new development to incorporate watersaving measures demonstrating a minimum reduction of 20 percent in water use over a similar project completed within the previous five years. This measure enhances General Plan Action EC3.F. This measure would be enhanced by General Plan Action EC3.G.

Incorporate water-saving
measures in new
development
During project design
and development
review
Engineering Services
Department/
Planning and Building
Services
MM 3.6-1p: The City of Richmond shall adopt a Climate Action Plan within 18 months of the adoption of the General Plan Energy and Climate Change Element. The Climate Action Plan shall include the following pursuant to CEQA Guidelines Section 15183.5(b):
a.) The quantification of greenhouse gas emissions, both existing (2005) and projected for 2020 and General Plan horizon year (2030). These inventories and projections
shall be used in the forthcoming Climate Action Plan.
b.) The Climate Action Plan shall define reduction targets that are California State Assembly Bill (AB) 32 compliant and continue reducing emissions past 2020 in order to address cumulatively considerable impacts of greenhouse gas
emissions. At a minimum, the Climate Action Plan shall set a target to reduce emissions to 1990 levels by 2020, which is anticipated to be a reduction of 15 percent from 2005 levels.

The City of Richmond shall
prepare a Climate Action
Plan
Within 18 months of
the adoption of the
General Plan Energy
and Climate Change
Element
City Manager’s
Office/Planning and
Building Services

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c.) The 2020 and 2030 Business As Usual (BAU) Inventories provide emissions by land use types and emission sectors based upon the anticipated changes and growth in land
use within the General Plan Land Use and Urban Design
Element, which fulfills the criteria of CEQA Guidelines 15183.5(b)(C). As such, the inventories shall provide
quantities and context of the emissions that need to be reduced in order to achieve the reduction target.

Reduction measures in the Climate Action Plan shall focus on reducing the emissions from the sectors and land use types identified in the 2020 and 2030 BAU inventories.
d.) The Climate Action Plan shall specify reduction measures or groups of reduction measures, including performance
standards, that substantial evidence demonstrates, if
implemented on a project-by-project basis, would
collectively achieve the AB 32 compliant reduction target.

To implement the goals and policies in the General Plan Energy and Climate Change Element, the Climate Action
Plan shall include adaptation strategies that focus on
potential local impacts of climate change, such as sea level rise, increased risk of flooding, diminished water supplies, and public health. Broader sustainability measures may
include the preservation of local water quality, air quality, open space, and biodiversity. In addition, the following reduction strategies shall be incorporated into the Climate Action Plan:
i.) Require all new or renovated municipal buildings to seek California Green 2010 Tier 1 building standards or higher and require new development building design
to be, at a minimum, compliant with California Green
2010 building standards.
ii.) Require all municipal fleet purchases to be fuel
efficient vehicles for their intended use, based on the fuel type, design, size, and cost efficiency.

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iii.) Require new development projects to implement a
construction plan that demonstrates how activities will reduce waste through recycling and/or salvaging of
nonhazardous construction and demolition debris at a
minimum of 50%.
e.) In order to establish a mechanism to monitor the Climate Action Plan’s progress towards achieving the reduction
targets and to require amendment if the Climate Action
Plan is not achieving the reduction targets, the Climate Action Plan shall include an implementation chapter
describing how the reduction measures are to be
implemented, emissions monitored, and the Climate
Action Plan updated. Emissions inventories shall be
conducted at minimum intervals of five years in order to evaluate the progress of the Climate Action Plan. The
Climate Action Plan shall be updated together with future General Plan Updates or as necessary to implement new
statewide reduction thresholds.
f.) The Climate Action Plan, including all updates, is a project subject to public review and comment under the California Environmental Quality Act.

MM 3.6-1q: The City will continue to work proactively with BAAQMD, ARB, and EPA to help these agencies enforce GHG prevention and control mandates within the City, and will work with the community to identify and advocate for GHG measures that are within the jurisdiction of these agencies and can and should be implemented to further reduce GHG from the City.

Work proactively with
other agencies to help
enforce GHG prevention
and control mandates
within the City; work with
community
On-going City Manager’s
Office/Planning and
Building Services
VIII. Hazards and Hazardous Materials
MM 3.14-6: The City will continue to support coordination among its departments and other agencies in planning for emergency access and response routes, and will periodically review and as appropriate update its emergency access and response route planning.

Continue to implement
effective planning and
procedures
On-going City Manager's
Office/Planning and
Building Services

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XII. Noise
FEIR MM 3.10-1: Future projects shall incorporate projectspecific mitigation measures to reduce the impact of construction noise.
a.) As part of its discretionary approval and environmental review process for future projects, the City will require a noise and vibration construction activity minimization and mitigation plan for any multi-story development project located within a residential neighborhood, or located
adjacent to a residence, school, or hospital or other
sensitive receptor. The plan must address high-noise or vibration construction activities such as pile driving, and must address outdoor construction activities occurring
outside normal weekday business hours. The plan must
also address construction-related noise and vibration from current and concurrently with project-related construction activities to address potential cumulative noise and
vibration impacts. Excessive noise and vibration impacts from such construction-related activities (defined as noise and vibration impacts that would not occur from similar construction-related activities) shall be avoided or
minimized to the extent feasible, and high-noise or
vibration construction activities shall not occur during evenings or weekends adjacent to occupied residential
units.
b.) The City will compile and periodically update Best
Management Practices ("BMPs") for minimizing and
mitigating noise and vibration impacts from construction activities, for use as appropriate in noise and vibration plans required under MM 3.10-2(a) above.
c.) The City will consider and may adopt appropriate
modifications to the Noise Ordinance to establish criteria for construction-related noise and vibration impacts
during daytime weekday hours, and will consider and
Comply with projectspecific mitigation
measures to reduce
construction noise
During project design
and development
review
Planning and Building
Services

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include feasible conditions in building, demolition, and grading permits to avoid or minimize excessive noise and vibration from construction activities.
d.) This mitigation measure does not eliminate or supersede any other applicable legal requirement, including but not limited to the Noise Ordinance included in the Municipal Code.

This plan shall outline the project’s required compliance with General Plan Action SN4.E which requires
preparation of construction traffic plans that mitigate noise, traffic, and dust during construction. This plan shall also outline the project’s required compliance with Article

15.04.605.060 of the Municipal Code which limits general construction activities to weekdays from 7:00 a.m. to 6:00 p.m., and limits pile driving and similar loud equipment activity to weekdays from 8:00 a.m. to 5:00 p.m.

Implementation of this mitigation measure would ensure
that project-related construction noise impacts would be reduced to the extent technically and economically
feasible and would be less than significant.

XIII. Population and Housing
MM 3.2-2: Based on available U.S. Census or Association of Bay Area Governments (ABAG) data, the City shall track the
number of new jobs to determine whether new development exceeds the amount of development assumed in the General Plan EIR (22,488 jobs). City staff shall provide a report on the number of new jobs to the City Council annually and if the number of jobs approaches or exceeds 80 percent of the
number assumed in the General Plan EIR (9,950 jobs), the City shall prepare an update to the General Plan and General Plan EIR to assess the environmental effects of additional projected growth.

Track the number of new
jobs to determine if new
development exceeds the
amount of development
assumed in the EIR
Annually Planning and Building
Services

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XVI. Transportation
MM 3.14-1: Future projects shall incorporate project-specific mitigation measures to reduce traffic impacts.

Comply with projectspecific mitigation
measures to reduce traffic
impacts
During project design
and development
review
Planning and Building
Services
MM 3.14-3: The City shall continue to cooperate and
coordinate with transit agencies and work with the community to promote and advocate for improved transit services and increased transit capacity to meet anticipated General Plan implementation and cumulative impacts for transit service, and seek grant funding opportunities to supplement available transit service.

Cooperate and coordinate
with transit agencies;
work with the community
On-going City Manager's
Office/Planning and
Building Services
MM 3.14-6: The City will continue to support coordination among its departments and other agencies in planning for emergency access and response routes, and will periodically review and as appropriate update its emergency access and response route planning.

Continue to implement
effective planning and
procedures
On-going City Manager's
Office/Planning and
Building Services
XVIII. Wildfire
MM 3.14-6: The City will continue to support coordination among its departments and other agencies in planning for emergency access and response routes, and will periodically review and as appropriate update its emergency access and response route planning.

Continue to implement
effective planning and
procedures
On-going City Manager's
Office/Planning and
Building Services
XX. Mandatory Findings of Significance
Implement MM 3.2-1; MM 3.14-1; MM 3.14-3; MM 3.14-6; MM 3.15-1; MM 3.15-2a; MM 3.15-2b; MM 3.15-2c; MM 3.15-2d

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THIS MAP IS NOT TO BE USED FOR NAVIGATION
Notes

1 ORDINANCE NO. __________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,

APPROVING A ZONING MAP AMENDMENT REZONING FROM PCI, PUBLIC, CULTURAL, AND INSTITUTIONAL TO CM-3, COMMERCIAL MIXED-USE FOR A MIXED-USE 135-UNIT

AFFORDABLE AND SUPPORTIVE HOUSING DEVELOPMENT WITH COMMERICAL SPACE AT 100 38TH STREET (PLN21-023)
WHEREAS, in 2021, Eden Housing Inc. (the “Applicant”) filed applications for a General Plan Amendment, Zoning Map Amendment to rezone the Project Site (100 38th Street, APN:
517-340-004) to CM-3 (Commercial Mixed-Use) for a mixed-use, 135-unit affordable and supportive housing development with ground floor commercial and associated site improvements (the “Project”) on an approximately 2.84-acre site in the City of Richmond, Contra Costa County, California; and
WHEREAS, upon completion of an Environmental Initial Study, Consistency Checklist, prepared by First Carbon Solutions, dated July 13, 2020 (Exhibit A), 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 Addendum to the General Plan FEIR founds that the FEIR adequately anticipated and described the impacts of the proposed project. Consistent with the mandate in the State CEQA Guidelines Sections 15162 and 15168, no further environmental review is required based on the following findings:

1. There are no substantial changes in the proposed project that will require major revisions of the 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 importance, that was not known and could not have been known, 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.; and WHEREAS, on July 27, 2022, the Design Review Board held a public hearing to consider a recommendation to the Planning Commission regarding the Design Review and Density Bonus waivers for the Project, and voted to recommend approval with conditions; and WHEREAS, on August 18, 2022, the Planning Commission held a public hearing to consider a recommendation to the City Council regarding the Addendum to the General Plan Final EIR and associated Mitigation Monitoring Reporting Program (MMRP), General Plan Amendment, Zoning Map Amendment, Design Review, and Density Bonus for waivers for the Project; and

2 WHEREAS, on August 18, 2022, the Planning Commission voted unanimously to recommend approval to the City Council of the Addendum to the General Plan FEIR and associated MMRP, and approval of a General Plan Amendment, Zoning Map Amendment, Design Review, and Density Bonus for waivers for the Project (PLN 21-023), subject to conditions; and
WHEREAS, on October 4, 2022, the City Council held a public hearing to consider the Addendum to the General Plan FEIR and associated MMRP, General Plan Amendment, Zoning Map Amendment, Design Review, and Density Bonus for waivers for the Project; and WHEREAS, on October 4, 2022, after reviewing all oral and written evidence in the public record, the City Council adopted the Addendum to the General Plan FEIR and associated MMRP, and approved a General Plan Amendment, Design Review Permit and Density Bonus Waivers for the Project conditioned upon City Council subsequent approval of the Zoning Amendment for the Project; and
WHEREAS, the Project application includes a request to change the zoning of the Project Site from PCI to CM-3 substantially in the form on file with the Planning Division, relative to the proposed development of the 100 38th Street on certain real property consisting of approximately 2.84-acres located in the City of Richmond, as more particularly described in the attached Exhibits A (“Rezoning Exhibit” incorporated herein and made part hereof.

NOW, THEREFORE, the City Council of the City of Richmond does ordain as follows:

SECTION I. The City Council finds and determines the following:

REZONING FINDINGS (Section 15.04.814.050):

The City Council finds in approving an amendment to the zoning map to modify the site’s zoning from PCI to CM-3 as follows:

A. The proposed amendment is consistent with the General Plan.

Supporting Statement of Fact: The project is consistent with the CM-3, Commercial MixedUse District and various goals under the General Plan, such as the provision of affordable housing near public transit.

The CM-3 zoning designation sought by the applicant for the subject property is specifically intended to enable this type of development as proposed by the applicant. The project is also consistent with the General Plan Land Use Goal LU-A and Land Use Policy LU-I as the proposed project will enhance the value of the area, and will be constructed in conformance with the Richmond Zoning Ordinance and California Building Codes.

As illustrated in Exhibit A, the existing zoning designation of the site is PCI, Public Cultural and Institutional. The designation sought by the applicant is CM-3, Commercial MixedPage 768 of 2219 3 Use, which is consistent with the surrounding commercial land use designation of the site (see Exhibit B of ordinance).

B. The proposed amendment is necessary for public health, safety, and general welfare or will be of benefit to the public.

Supporting Statement of Fact: The site is physically suitable for a mixed-use residential and commercial development and the proposed amendment is necessary for the benefit of the residents of Richmond. The subject property is 2.84-acre, and the proposed 135 residential units are consistent with similar development and the surrounding area. The subject property is located adjacent to an urbanized area where existing drainage, sewer, water, and improvements are available.

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

Supporting Statement of Fact: 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.

D.For a change to the Zoning Maps, that the subject property is suitable for the uses permitted in the proposed zone in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations, and that the proposed change of zoning district is not detrimental to the use of adjacent properties.

Supporting Statement of Fact: The proposed project, together with the provisions for its design and improvement, are not likely to cause any detriment in the surrounding area.

The subject property is suitable for the proposed uses and compatible with surrounding development. The site is adequately served by public streets and transit.

SECTION II. By this ordinance, the City Council approves the Zoning Amendment to rezone the Project Site to CM-3 Commercial Mixed-Use as set forth in Exhibit A, (“Rezoning Exhibit”) incorporated herein and made part hereof.

SECTION III. Any provisions of the Richmond Municipal Code, or appendices thereto, or any other ordinances of the City inconsistent herewith, to the extent of such inconsistencies and no further, are hereby repealed.

SECTION IV. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, the remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase of this Ordinance irrespective of the

4 unconstitutionality or invalidity of any section, subsection, paragraph, sentence, clause or phrase.

SECTION V. Effective Date. This Ordinance becomes effective thirty (30) days after its final passage and adoption.

Exhibit A: Rezoning Map
---------------------------
First introduced at a regular meeting of the City Council of the City of Richmond held October 4, 2022, and finally passed and adopted at a regular meeting held ______ , 2022 by the following vote:

YES:

NOES:

ABSTENTIONS:

ABSENT:
____________________________
Clerk of the City of Richmond
Approved:
________________________________
THOMAS K. BUTT
Mayor
Approved as to form:
________________________________

DAVE ALESHIRE
City Attorney

^fH^frmWfVff Existing Zoning Map \

0.1© City of Richmond
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THIS MAP IS NOT TO BE USED FOR NAVIGATION
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© City of Richmond
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.

THIS MAP IS NOT TO BE USED FOR NAVIGATION
Notes

Attachment ,3
Hector LopezFrom: Michael Amiri <[email protected]>Sent: Wednesday, July 6,2022 12:56 PM To: DRBcomments; Hector Lopez
Cc: Michael AmiriSubject: Public Comments - PLN21-023, 100 37th Street, Hearing on July 13, 2022 @ 6:00 pm Some people who received this message don't often get email from [email protected]. Learn why this is important This email originated from outside of the City's email system. Do not open links or attachments from untrusted sources.

Hi,I'm writing to provide public comments on Project No: PLN21-023, Supportive and Family Apartments located at 100 37th Street, Richmond.

We own and operate the Prime Time Nutrition store located at 3900 MacDonald Avenue. Our store provides fresh affordable produce and other healthy foods to families participating in the WIC and SNAP programs. Our customersaccess our parking lot off 39th street and often exit onto Bissell. We also have a large number of deliveries taking place weekday mornings by large trucks. We would like to ensure that this project does not disrupt the traffic flow in and out of our parking lot. And we would also like to know what steps will be taken to ensure residents and/or visitors to the proposed project do not park in the store parking lot.

Thank you for addressing these concerns at the July 13th public hearing.

Michael Amiri
Nutricion Fundamental, Inc.

Dba Prime Time Nutrition.
19315 E. San Jose Avenue
City of Industry, CA 91748909/598-7416

Hector Lopez
From: N&E Neighborhood Council <[email protected]> Sent: Friday, July 22, 2022 12:37 PM
To: DRBcomments
Subject: Public Comments Agenda Item # 1(PLN21-023)
Follow Up Flag: Follow upFlag Status: Completed
"
You don't often get email from [email protected]. Learn why this is important This email originated from outside of the City's email system. Do not open links or attachments from untrusted sources.

Dear DBR Commissioners,
The North & East Neighborhood Council is sending this email in support of this project. We have been to some of their meetings regarding this project and believe it will be good for the area as well as the residents of Richmond, CA. We look forward to seeing this project move forward and be completed.Thank you,Jan Mignone, President North & East Neighborhood Council

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Richmond CA
Affordable Housing
Development and Unit
Counts
2/22/2022
Map created by: Thomas Omolo,
Management Analyst II - CMO, ED Ü
Data Source: Richmond Rent Program
1 0.5 0 1 Miles
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Richmond
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Space

October 18, 2022
City Manager's Office
DATE: October 18, 2022
TO: Mayor Butt and Members of the City Council
FROM: Lizeht Zepeda, Senior Business Assistance Officer Subject: Amend the Port of Richmond Federal Maritime
Commission (FMC) Tariff No.3
FINANCIAL IMPACT: The Port will generate additional vessel dockage, wharfage, storage, and miscellaneous revenue, which
will increase the Port’s overall operating revenues.

The estimated annual increase in revenue is
approximately $214,200, representing a two percent
(2%) increase from the previous year.

PREVIOUS COUNCIL
ACTION:

June 29, 2021 - Annual approval for 2021

STATEMENT OF THE
ISSUE:

The Port of Richmond is seeking a two percent (2%)
general rate increase at the Port of Richmond Federal
Maritime Commission (FMC) Tariff No. 3 and an
annual Consumer Price Index (CPI) rate adjustment.

The effective date for the adjustment shall be July 1,
2022. The Port of Richmond will maintain a
competitive position in reference to the other
California West Coast ports, while maximizing
revenues.

RECOMMENDED ACTION: ADOPT a resolution to amend the Port of Richmond Federal Maritime Commission (FMC) Tariff No. 3,
reflecting a two percent increase in tariff rates as
approved by the Executive Committee of the
California Association of Port Authorities (CAPA) –
City Manager’s Office (Lizeht Zepeda 510-620-6653).

AGENDA
REPORT

October 18, 2022
DISCUSSION:

On March 13, 2015, the California Association of Port Authorities (CAPA) Committee on Tariffs and Practices approved the revised General Rate Increase (GRI) Policy, allowing all Ports in the State of California, a CPI-U change for the 12-month period ending in December each year. Member Ports will apply a GRI on July 1st of each year, or in accordance with their fiscal calendars.

The Port of Richmond submitted a docket proposal GRI to the California Association of Port Authorities on September 21, 2022, and it passed unanimously by the CAPA Tariffs and Practices Committee. The docket was submitted late to both CAPA and City Council as staff was transitioning. However, any tariffs due between July 1st thru October 18th of 2022, will be retroactively charged the appropriate two percent (2%) increase.

DOCUMENTS ATTACHED:

Attachment 1 – Revised 2022 Port of Richmond Tariff FMC No. 3 Attachment 2 – California Association of Port Authorities Docket Proposal Attachment 3 – Email from California Association of Port Authorities Docket Proposal Attachment 4 – Resolution 2022

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
1 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 0. A TITLE
EFFECTIVE: 10/21/99 FILING: 10/21/99

CITY COUNCIL OF THE CITY OF RICHMOND
TARIFF NO. 3
NAMING

RATES, CHARGES, RULES AND REGULATIONS
APPLYING AT:

MUNICIPAL TERMINALS
OF

THE CITY OF RICHMOND, CALIFORNIA
ISSUED BY: PUBLISHED BY:

SHASA CURL Descartes

CITY MANAGER

CITY HALL
RICHMOND, CA 94804 TELEPHONE: 412-788-2466
TELEPHONE: 510-215-4600 EMAIL
EMAIL: [email protected]

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
2 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34. TERMINAL TARIFFS
EFFECTIVE: 03/01/94 FILING: 01/07/94 (I)

SEE SUBRULES

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
3 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.01 SECTION 1 – DEFINITION OF TECHNICAL TERMS - EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)
ITEM 01100 ASSEMBLED CARGO
Any commodity or commodities, from one shipper to one consignee, moving on one vessel.

ITEM 01105 BULK CARGO OR IN BULK OR IN BULK
Commodities, which by nature of their unsegregated mass, are usually handled by shovels, scoops, buckets, forks, magnets or mechanical conveyers, and which are loaded or unloaded and carried without wrappers or containers and received and delivered by carriers without transportation mark or count. (Will not apply when subject to piece count).

ITEM 01110 CAPTAIN OF THE PORT
U.S. Coast Guard Officer Commanding a Captain of the Port (Marine Safety) Zone as specified in 33 CFR Part 3.60. The Captain of the Port Zone for San Francisco comprises the land masses and waters of California North of Santa Barbara, Kern and San Bernardino Counties and selected parts of Nevada and Utah. For the purposes of this tariff, the Captain of the Port is the Captain of the Port Zone for San Francisco.

ITEM 01115 CAR LOADING AND CAR UNLOADING SERVICES
Indirect Transfer. The services performed in loading or unloading cargo between wharf premises and railroad cars. The services include ordinary breaking down, sorting and stacking.

Direct Transfer. The operation of transferring cargo with vessel’s gear, shore side crane or other mechanical equipment in a direct or continuous movement between vessel or vessel’s equipment and open top railroad car or other vehicle.

ITEM 01120 CITY COUNCIL
(a) The City Council of the City of Richmond, a municipal corporation of the State of California, also herein referred to as the Port of Richmond, and shall be understood as being interchangeable withthe term “City of Richmond, the said Council being the legislative body of said city with authority to set for and represent it in all matters pertaining to the operation and governing of the Port and its facilities. The Port Director is and shall be in respect to the matters herein

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
4 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.01 SECTION 1 – DEFINITION OF TECHNICAL TERMS - EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)
(continued from previous page)
mentioned the chief executive and administrative officer of such Council. Whenever the term “Port Director” is used in this tariff, it shall include their duly automated designee. (b) Wherever the terms “Port of Richmond” or “Port” appear in this tariff such terms shall mean the City of Richmond, the City of Richmond City Council, and the officers, employees, and agents of the City of Richmond.

ITEM 01125 CORRELATION OF FEDERAL MARITIME COMMISSION DEFINITIONS Section 533.6 (d) of Part 533, Subchapter B, Chapter IV of Title 46 CFR (General Order 15) contains definitions of certain terminal services. Pursuant to the provisions of Section 533.6 (a) of said Part, the definitions of Section 533.6 ( d ) and the correlated definitions contained in this tariff are as follows:

FEDERAL MARTIME COMMISSION PORT OF RICHMOND
533.6 (d) (1) (Dockage) 01135
533.6 (d) (2) (Wharfage) 01220
533.6 (d) (3) (Free Time) 01140
533.6 (d) (4) (Wharf Demurrage) 01230
533.6 (d) (5) (Wharf Storage) 01235
ITEM 01130 DIRECT
Acontinuousoperationbetweenbarge,carortruckandvesselwhenperformedbyvessel’sstevedores.

ITEM 01135 DOCKAGE
The charge assessed against a vessel for berthing at a wharf, pier, or bulkhead structure, or bank or for mooring to a vessel so berthed.

ITEM 01140 FREE TIME
The specified number of days during which merchandise may occupy space assigned to it without being subject to wharf demurrage or storage charges.

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
5 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
Rule: 34.01 SECTION 1 – DEFINITION OF TECHNICAL TERMS - Effective: 03/01/94 Filing: 02/09/94 (C)
ITEM 01145 HAZARDOUS MATERIALS
For the purpose of this tariff, Hazardous Materials and/or Dangerous Cargoes are defined as materials which have been designated by the U.S. Department of Transportation (DOT), The International Maritime Organization (IMO), the City of Richmond Fire Chief, Captain of the Port or any other Federal, State or Municipal regulatory agency, as capable of posing a risk to health, safety or property when transported or stored, or which qualify as hazardous by reason of their characteristics and as dangerous and/or hazardous and referenced in the governing publications listed in Item 03125.

ITEM 01150 HOLIDAYS
The following days (See Note)
January 1st New Year’sDay
January 15th known as “Martin Luther King’s Birthday”
February 12th known asPresident’sDay
July 4
th Independence Day
July 28th known as “Harry Bridges” Birthday
The First Monday in
September
September 9
th known as “Admission Day”
The Second Monday in
October known as “Indigenous Peoples Day”
The Fourth Monday in
October known as “Veteran’s Day”
Thanksgiving Day
December 24th known as Christmas Eve
December 25th known as Christmas Day
December 31st known as New Year’s Eve Day
And any other legal holiday that may be proclaimed by State or Federal authority.

NOTE: When any holiday falls on Sunday, the Monday following will be observed as the holiday.

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
6 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.01 Section 1 – DEFINITION OF TECHNICAL TERMS - EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)
(continued from previous page)
ITEM 01155 INBOUND MERCHANDISE
That which is being or has been discharged from a vessel.

ITEM 01160 MERCHANDISE
Includes, but is not limited to merchandise, commodities, goods, wares, freight, liquids, articles and materials of every kind whatsoever, including bulk materials, cargo containers as described in Item 01210 of Port of Richmond Tariff No. 3, live animals, vessel’s stores, supplies and bunkers.

ITEM 01165 OCP TERRITORY - (OVERLAND COMMON POINTS)
OCP Territory is defined as origins or destinations in the United States located in North Dakota, South Dakota, Nebraska, Colorado, New Mexico and States east thereof and points in Canada east of the Saskatchewan/Manitoba Boundary Line.

ITEM 01170 OUTBOUND MERCHANDISE
That which is being or has been assembled and is awaiting loading to a vessel.

ITEM 01175 PACKAGE
Theproducer’sormanufacturer’stypeofpackagingwhichmaybeusedtocontainmerchandise. The package may be a carton, bag, barrel, drum, crate, bale, box, bundle, pail, flask or basket. Merchandise may be conveyed in its package or as packages in a “Cargo Van” (defined in item 01210) or as Unitized Cargo (defined in Item 01205).

ITEM 01180 PIPELINE
In items made subject to this Item the rates specified will apply only when the commodity involved is handled through a stationary pipeline direct between vessel and shore storage facilities or private loading or unloading facilities.

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
7 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.01 Section 1 – DEFINITION OF TECHNICAL TERMS - EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)
(continued from previous page)
ITEM 01185 PORT DIRECTOR
Whenever this tariff gives or vests in the Port Director power or authority to do or perform any act, his designee shall have like power and authority, and any action taken by the designee under or pursuant to this tariff shall be of the same force and effect as if taken by the Port Director.

ITEM 01190 SERVICE CHARGE
Whenever the terms “Service Charge” or “Service Charges” appear in this tariff, such terms shall be deemed to mean “Service and FacilitiesCharges”asprovidedinItem05100.

ITEM 01195 TON
(a) The term “Weight Ton means 1,000 kilograms, gross weight, unless otherwise specified.
(b) The term “Measurement Ton” means one (1) cubic meter, unless otherwise specified.

Measurement Tons may be based on Water Carrier cargo freight bills and/or ship’s manifest or computed by using the full outside dimensions on all sides of the package, unless otherwise specified.
(c) The term “Revenue Ton” when used as a basis for assessing charges or recording tonnage, is defined as either a weight ton (1,000 kilograms), a measurement ton (1 cubic meter), or commodity rate factor ton or combination thereof.

ITEM 01200 TRANSFERRED CARGO
Cargo received at the Port of Richmond terminal from rail car, truck or other land vehicle and removed from a Port of Richmond terminal by rail car, truck, or other land vehicle.

ITEM 01205 UNITIZED CARGO
Cargo secured to pallets, platforms, or skids, when the individual component shipping packages are banded or otherwise securely held together to form a single unit that has been prepared by

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
8 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.01 Section 1 – DEFINITION OF TECHNICAL TERMS - EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)
(continued from previous page)
the shipper, in order to facilitate weighing not less than 2,000 pounds nor more than 4,500 pounds and which can be handled with mechanical equipment. The weight of the pallets, platforms or skids will be excluded when computing the weight on which charges are assessed.

ITEM 01210 VANS, CARGO OR CONTAINERS
“Cargo Vans” or “Containers” shall mean a single rigid non-disposable, intermodal dry cargo, insulated, refrigerated, flat, liquid tank or open-top container, demountable, having not less than 6.37 cubic meters capacity, certified and marked in accordance with international regulatory conventions, furnished or approved by an ocean carrier specifically and primarily for the ongoing transport of merchandise aboard its vessels.

ITEM 01215 WHALE-BACKS
Whale-backsmeancarrier’sspeciallyconstructedsteelpallets,suitableformechanicalforklifthandling.

ITEM 01220 WHARFAGE
A charge assessed against the merchandise (see Item 08100), calculated in accordance with the wharfage charges named in this tariff for passage of that merchandise onto, over, through or under wharves or wharf premises (see below changed Item 01225), or between vessels or overside vessels (to or from barge, lighter, or water) when berthed at wharves or wharf premises, or when moored in a slip adjacent to a wharf or wharf premise. Wharfage is solely the charge for use of wharves or wharf premises and does not include charges for any service or facility. (continued on next page)

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
9 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.01 SECTION 1 – DEFINITIONS OFTECHNICAL TERMS - EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)
(continued from previous page)
ITEM 01225 WHARF AREA (PREMISES)
The term “wharf area” as used in this tariff is defined to mean any pier, wharf, bulkhead, bulkhead wharf, quay wharf, seawall, seawall structure, embankment, thoroughfare and other Port terminal facility areas, alongside of which vessels may lie or which are suitable for and are to be used in the loading, unloading, assembling, distribution or handling of merchandise.

ITEM 01230 WHARF DEMURRAGE
The change assessed against merchandise which remains on the wharf premises after the expiration of the free time allowed.

ITEM 01235 WHARF STORAGE
The charge assessed against freight after expiration of free time when it has been declared and accepted for storage. Declaration and acceptance for storage may be upon either a daily or monthly basis at the discretion of the port facility.

ITEM 01240 CLASSIFICATION OF TRADES
For the purpose of applying certain rates and provisions of this tariff, vessels and the cargo which they handle are classified according to trades in which the vessels are engaged and the cargo transported (See Note 1). Such classifications are as follows:
(continued on next page)

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
10 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.01 SECTION 1 - DEFINITION OF TECHNICAL TERMS - EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)
(continued from previous page)
Alaskan- This classification covers Service Between the Port of Richmond and Ports in Alaska.

Coastwise - This classification covers Service between the Port of Richmond and Ports located on the Pacific Coast in California, Oregon, Washington and British Columbia.

Hawaiian - This classification covers Service between the Port of Richmond and Ports in the Hawaiian Islands.

Inland Waterway – This classification covers Service between the Port of Richmond and Points on San Francisco Bay and inland waterways tributary thereto, but not via Pacific Ocean.

Intercoastal - This classification covers Service between the Port of Richmond and Ports in the Continental United States on the Gulf of Mexico or the Atlantic Coast, including ports in Puerto Rico.

Transpacific – This classification covers Service between the Port of Richmond and Ports west of 170th Meridian of West Longitude and east of 40th Meridian of East Longitude.

Foreign – This classification covers Service between the Port of Richmond and Points other than described above.

Offshore – This classification covers Service between the Port of Richmond and Other than Coastwise and Inland Waterway.

Note 1: When transshipment is submitted for direct call of vessel the charge on cargo so handled shall be the same as that applicable to cargo handled on direct vessels.

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
11 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.01 SECTION 1 - DEFINITION OF TECHNICAL TERMS - EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)
(continued from previous page)
ITEM 01245 METRIC CONVERSION TABLE
When freight charges are computed by the vessel using the metric system and are shown on the manifest on the basis of either weight (metric tons of 2204.6 pounds) or measurement (cubic meters of

35.315 cubic feet), the metric tons shall be converted to measurement tons of 40 cubic feet using the conversion factors shown below:

To find Metric Tons given Short Tons, Multiply Short Tons by 0.9072 To find Short Tons given Metric Tons, Multiply Metric Long Tons by 1.1023 To find Metric Tons given Long Tons, Multiply Long Tons by 1.0160 To find Long Tons given Metric Tons, Multiply Metric Tons by 0.9842 To find Kilos given Pounds, Multiply Pounds by 0.4536
To find Pounds given Kilos, Multiply Kilos by 2.2046
To find Cubic Meters given Measurement Tons, Multiply Measurement Tons by 1.1332 To find Measurement Tons given Cubic Meters, Multiply Cubic Meters by 0.0283 To find Cubic Meters given MFBMs (Ft. B.M. in thousands), Multiply MFBMs by 2.36 To find MFBMs (Ft. B.M. in thousands) given Cubic Meters, Multiply Cubic Meters by 0.4243 Metric Equivalents:
1 Kilo = 2.2046 Pounds
1 Pound = 0.4536 Kilos
1 CWT (US – 100 Pounds) = 45.359 Kilos or 0.4536Metric
1 CWT (British - 112 Pounds) = 50.802 Kilos or 0.0508 Metric Tons 1 Bushel Grain (US) = 60 Pounds = 27.216 Kilos
1 Cubic Meter = 35.315 Cubic Feet
1 Cubic Foot = 0.0283 Cubic Meters
1,000 Ft. B.M.= 423.792 Ft. B.M.
1 Cubic Meter = 423.792 Ft. B.M.
1 Barrel (US - 42 Gallons) = 158.987 Liters
ITEM 02100 APPLICATION OF RATES, RULES AND REGULATIONS
Except as otherwise provided in individual items, the applicable rates, charges, rules and regulations under this tariff shall be those in effect at the time the charges accrue.

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
12 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.02 SECTION 2 - GENERAL RULES AND REGULATIONS - EFFECTIVE: 03/01/94 FILING: 03/01/94 (C)
ITEM 02105 APPLICABILITY OF RATES AND CHARGES
The Port Director reserves the right to interpret and determine the applicability of the rates provided for herein and to assess the charges or fees in accordance with any such interpretation and determination, and the Port Director reserves the right to determine the applicability of any rule or regulation as provided herein and to enforce any such rule or regulation in accordance with any such interpretation or determination.

ITEM 02110 COMPLIANCE WITH GOVERNMENT REGULATIONS
Any users of the Port Terminals shall at all times, at their own expense, operate or use the Port premises in a clean, wholesome and sanitary condition and in compliance with any and all present and future laws, ordinances and general rules or regulations related to sanitation, pollution or public health, safety or welfare and shall obey and comply with all applicable laws, rules and regulations adopted by federal, state, local or other governmental bodies or departments or officers thereof.

ITEM 02115 DEMMURAGE ON CARS
Unless the Port or the individual terminal operator is directly responsible for delay in loading or unloading cars, neither the Port nor the terminal operator will assume any responsibility for demurrage charges which may accrue against such cars.

ITEM 02120 ESTIMATED WEIGHTS – PETROLEUM AND PETROLEUM PRODUCTS When not shipped in containers, and when actual weight or specific gravity is not obtainable, Kerosene and lighter Petroleum Products shall be subject to estimated weight of 6.6 pounds per gallon; all other Petroleum Products shall be subject to estimated weight of 7.4 pounds per gallon.

ITEM 02125 INSURANCE
Users shall procure and maintain at their expense, or, upon its failure to do so, Port of Richmond may at the expense of user obtain and keep in force at all times during the terms of the agreement the following insurance:
(1) Public Liability and Property Damage. Broad form comprehensive public liability and property damage insurance with users normal limits of liability but not less than One Million Dollars ($1,000,000.00) for injury or death to one person, One Million Dollars ($1,000,000.00) for each accident oroccurrence

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
13 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.02 SECTION 2 - GENERAL RULES AND REGULATIONS - EFFECTIVE: 03/01/94 FILING: 03/01/94 (C)
(continued from previous page)
Involving property damage. Each such policy shall contain an endorsement stating:
(i) Notwithstanding any inconsistent statement in the policy to which this endorsement is attached, or any endorsement or certificate now or hereafter attached hereto, it is agreed that the Port of Richmond, Council of the City of Richmond, their officers, agents and employees, are additional insureds hereunder, with the provision that such coverage will not extend to that percentage portionofthe action resulting fromthePort’sownnegligence,and that coverage is provided for all operations, uses, occupations, acts and activities of the insured under agreement and/or this Tariff, and any amendments, modifications, extensions, or renewals of any agreement under this Tariff, regardless of whether such operations, uses, occupations, acts and activities occur on the premises or elsewhere within the Port of Richmond, and regardless of whether liability is attributable to the insured, or the additional insured, or a combination of both;
(ii) The policy to which this endorsement is attached shall not be cancelled or reduced in coverage until after the Port Director has been given sixty (60) days’ prior written notice by registered mail addressed to Port Operations, P.O. Box 4046, Richmond, CA 94804;
(iii) The coverage provided by the policy to which this endorsement is attached is primary coverage and any other insurance carried by Port of Richmond is excess coverage.
(2) Fire Legal Liability. In addition to and concurrently with the aforesaid insurance coverage, users shall also secure and maintain, either by an endorsement thereto or by a separate policy, fire legal liability insurance with a minimum limit of Twenty-Five Thousand Dollars ($25,000.00) covering legal liability of user for damage or destruction to the works, structures, and improvements owned by Port of Richmond; provided, that said minimum limit of shall be subject to adjustments by Port Director to conform with the deductible amount of the fire insurance policy maintained by Port of Richmond upon thirty (30) days’ prior written notice thereof to user at any time during the term of this agreement.
(3) Fire and Extended Coverages Insurance. User shall secure, and shall maintain at all times during the life of any agreement, under this tariff, fire and extended coverage insurance with waiver of

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subrogation in favor of Port covering ninety percent (90%) of the replacement value of the works, structures, and improvements erected by users on the premises, with such provision in the policies issued to cover the same, or in riders attached thereto as will provide for all losses over $50,000 to be payable to the Port of Richmond to be held in trust for reconstruction. In the event of loss or damage by fire to any of such structures or improvements, users shall undertake replacement or reconditioning within said period of ninety (90) days, such proceeds shall be released by the Port of Richmond to user as payments are required for said purposes. Upon the completion of such replacement or reconditioning to the satisfaction of the Port Director, any balance thereof remaining shall be paid to said user forthwith. In the event user fails to undertake such replacement or reconditioning within said period of ninety (90) days, such proceed shall be retained by Port of Richmond.
(4) Notice of Cancellation. Each insurance policy above shall provide that it will not be cancelled or reduced in coverage until Port of Richmond has been given sixty (60) days’ prior written notice by registered mail addressed to Port Operations, P.O. Box 4046, Richmond, CA94804. (5) Copies of Policies. One certified copy of each policy shall be furnished Port of Richmond, and the form of such policy shall be subject to the approval of the Port Director. (6) Renewal of Policies. At least sixty (60) days prior to the expiration of each policy, users shall furnish to the Port Director a certificate or certificates showing that the policy has been renewed or extended or, if new insurance has been obtained, one certified copy of each new policy shall be furnished to the Port Director. If users neglect or fail to secure or maintain the required insurance, or if user fails to submit copies thereof as required above, Port of Richmond, may at its option and at the expense of user, obtain such insurance for user. (7) Modification of Coverage. The Port Director, at his discretion based upon recommendation of independent insurance consultants to Port of Richmond, may increase or decrease amounts and types of insurance coverage required hereunder at any time during the term hereof by giving ninety (90) days’ prior written notice to user.

ITEM 02130 LIGHTS AT NIGHT
All vessels, barges, etc. while anchored or moored in the Port of Richmond Harbor must show lights in accordance with applicable federal, state, and municipal laws, rules and regulations.

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ITEM 02135 MANIFESTS AND STATEMENTS
(a) The owner, agent, master or other person in charge of a vessel or cargo, not later than 45 days after the date of the vessel’s departure from any terminal or facility shall deliver to the Port Director a full and correct statement, signed and certified on forms furnished by the Port Director, of all merchandise of every kind discharged from and/or loaded on such vessel at such terminal or facility, specifying the character and quantity of each kind of such merchandise, as per this tariff, and such other information as may be specified on such forms, including, but not limited to, the total number of vans discharged and/or loaded. (b) The owner, agent, master or other person in charge of a vessel or cargo shall within the time specified in Paragraph (a) of this item, furnished to the Port Director those portions of the vessel’s manifest and other documentation that are reasonably necessary in the determination of the Port Director to verify the information provided in said paragraph. The Port Director reserves the right to audit all manifests and to use such audits as a basis for charges. Tariff charges based on supplemental reports or audits shall be subject to delinquency payments specified in this tariff.
(c) A steamship line shall, upon request of the Port Director, provide to the Port full and complete copies of that line’s tariff(s).

ITEM 02140 NON-LIABILITY FOR LOSS OR DAMAGE
(a) The Port will not be responsible for loss or damage caused by fire, frost; heating; leakage; evaporation; natural shrinkage; wastage or decay; animals; rats; mice or other rodents; moths; weevils or other insects; leakage or discharge from fire protection system; breakdown of plant, machinery or equipment; floats, logs, or piling required in breasting vessels away from wharves or piers; dampness; riots or strikes of any persons in its employ or in the service of others or for any consequences arising therefrom; insurrection; war; shortage of labor; insufficient notification; the elements, or any causes unavoidable or beyond its control and in particular (but without limitation) the Port will not be responsible for loss or damage to goods or property which are stored in open or uncovered areas.
(b) Ininstancesinwhichtheterminal’snegligencecausesorcontributestothecauseofany liability as set forth in this item or any other item in this tariff, the obligation to exculpate orindemnify

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and hold harmless the terminal pursuant the item shall be limited to that portion of the liability on a percentage basis, which is not attributable to the terminal’s negligence.

ITEM 02145 NON LIABILITY FOR SHIPPER’S FAILURE TO RESERVE SPACE OR CARRIER’S FAILURE TO

LOAD GOODS
The Port will not be liable for less, damage or delay arising from failure of the shipper to arrange for space on the transporting vessel, or from the failure of any carrier to load and transport good on the particular date or vessel designated by the shipper or owner of such goods. In the event of any such failure, such goods shall be held subject to all of the applicable charges and provisions of this tariff.

ITEM 02150 PAYMENT OF CHARGES
(A) Use of the Port terminals or facilities by any person pursuant to this tariff shall constitute acceptance of the provisions of this tariff and on agreement upon the part of such user that he is responsible for and shall pay all charges assessed in accordance with thistariff. (B) All charges for services rendered or for the use of any terminal facility are due and payable as they are incurred. The Port Director may, at his discretion, require that charges, which are assessed against the vessel, its owners, operators, or agents be paid before the vessel leaves its berth. The Port Director may also require that charges accrued against cargo be paid before delivery of such cargo from the terminal.
(C) For the purpose of enforcing the payment of charges named in this tariff, on cargo handled over or stored on municipal facilities, the Port may take possession of such cargo and may remove and store the same at the risk and expense of the owner or consignee thereof or may sell the goods at public auction or thereof or may sell the goods at public auction or pursue such other remedies as may be provided by law.
(D) All charges that remain due and unpaid for a period of forty-five days (45) after they are incurred shall be subject to a delinquency payment, for violation of this item and for damages, equal to six one hundredths of one percent (.06%) of said charges per day for each day from a date forty-five (45) days after they are incurred until the charges have been paid. Said delinquency payment is in addition

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to all other remedies that the Port may have that are provided by this tariff or otherwise by law to enforce payment of charges that have been incurred and have not been paid.

ITEM 02155 PENALTY FOR UNAUTHORIZED USE OF PORT FACILITIES No person shall collect any toll, wharfage, dockage or other tariff charge, or land ships at or remove any property upon or from any of the wharves, piers, docks, landings or other facilities owned or operated by the Port without being authorized by it to do so. Any person, vessel, or its owners, agents or operators using any unassigned wharf or other wharf area without first securing an assignment thereof from the Port shall be subject to the specific tariff charges named herein.

1. Vessels shall not engage in activities (including, without limitations, spray painting, sand blasting, blowing of stack, funnels or exhaust pipes, or other releases of particulate matter) on land or at sea that creates a significant risk of injury or damage to the premises or property owned or possessed by any tenant or its customers or which otherwise may materially interfere with the tenant’s or customer’s operations in the Port of Richmond.

ITEM 02160 PERSONS ON BOARD VESSELS TO ACT ON ORDERS TO PORT DIRECTOR (a) Vessels must at all times have on board at least one person in charge with authority to take such action in any emergency as may be demanded by the Port Director. (b) A vessel must shift or go into the stream at its own expense, when so ordered by the Port Director, who shall have the power to enforce removal at the expense of the vessel.

ITEM 02165 REMOVAL OF PERISHABLE OR UNDESIRABLE CARGO OR MATERIALS (a) The Port Director may, at his discretion, cause the removal of perishables, cargo which is liable to damage other cargo, bulky freight or other undesirable cargo or material, with or without notice, to another location within the terminal or facility or to private facilities at the risk and expense of the owner.
(b) The assignee under a wharf assignment or space assignment with the Port is responsible for removal of rubbish, dunnage and other waste material from the assigned area; otherwise it will be removed by the Port Director’s Designee at the expense of the assignee.

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ITEM 02170 RESPONSIBILITY FOR CHARGES TERMS AND CONDITIONS OF PAYMENT Use of Port facilities or service is conditioned upon satisfactory assurance to the Port that applicable charges will be paid when due. All charges are due and payable as they accrue or on completion of service or use.

The Port may require payment of charges in advance as follows:

1. By the vessel, its owners or agents before vessel is assigned a berth and commence its loading or unloading operations.

2. By the cargo owner, shipper or consignee before cargo leaves the custody of the terminal.

3. For all charges on perishable cargo or cargo of doubtful value and household goods.

Payment terms are cash unless the Port customer, prior to the use of Port facilities or services, has established credit worthiness or has posted adequate security acceptable to the Port and has thereby been relieved of cash payment requirements by the Port.

The provisions of this rule shall govern the terms of payment by, and liability of an agent acting on behalf of a disclosed principal for charges owing from said principal as a user or port facilities, not withstanding any other provisions to the contrary in this tariff or in any form issued pursuant to this tariff or any form issued pursuant to this tariff.

ITEM 02175 SHIPPERS’ REQUESTS AND COMPLAINTS
(a) Requests and complaints from shippers on matters relating to the rates, rules and regulations contained in this tariff must be made to the Port Director. (b) The Port of Richmond is a member of the California Association of Port Authorities, 1510-14th Street, Sacramento, California 95814. A shipper may refer to the Association any request or complaint not satisfied by the Port of Richmond by submitting all available data in writing to the Association.

ITEM 02180 SPECIAL WATCHMEN SERVICE
(a) When, due to rules and regulations of Federal, State, or Local authorities, the Port Director is requested or required to provide Special Watchman Service in connection with cargo moving through its facilities, the Port Director may arrange for and assess the cost of such watchman service to the carrier handling such cargo.

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(b) When Special Watchman Service is requested by the carrier, shipper, or consignee, in connection with cargo being handled at the terminal, the Port Director may arrange for and assess the cost of such Watchman Service to the party requesting the service.

ITEM 02185 USE OF HANDLING EQUIPMENT
(a) The user will provide all necessary operators and perform allstevedoring. (b) The user will provide buckets, electromagnets, spreaders, and other supplemental equipment which may be required.
(c) The user will perform all necessary rigging and unrigging of buckets, electromagnets, spreaders, and other supplemental equipment at his own expense.
(d) Maximum rated capacity will not be exceeded.
(e) Handling equipment is presumed to be in good operating condition when turned over to user, but the Port of Richmond does not warrant the mechanical condition thereof. The Port of Richmond will not be responsible for delays caused user by breakdown of equipment, by shutoff of electric current, or other causes. The Port of Richmond reserves the right to stop operation of the equipment at any time to require repairs that appear, in the opinion of the Port Director, to be necessary.
(f) Handling equipment turned over to user is under user’s supervision, direction, and control, and userassumes sole responsibility and liability for injury to or death of any person or damage to or destruction of property, including employees and property of the Port of Richmond, incident to, arising out of, or cause by user’s possession, use or operationofhandlingequipmentandshall protect, indemnify and save harmless the Port of Richmond, the Council, and their officers and employees from and against any and all suits, claims, demands, loss, expense and liability of any kind or nature whatsoever for said injury to or death of persons or damage to or destruction of property, and that may be, in whole or in part, incident to, arise out of, or be caused, directly or indirectly, through negligence or otherwise by the user’s possession, use or operation of said handling equipment, whether by user, its officers, agents or employees, or by any person or persons acting with the knowledge and consent, express or implied of user, and the use of handling equipment shall constitute acceptance and acknowledgement by the user of this

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liability and obligation. In instances in which the Port’s negligence causes or contributes to the cause of any suchliability ashereinabovesetforth, user’sobligationtoexculpateorindemnify and hold harmless the Port pursuant to this item shall be limited to that portion of the liability, ona percentagebasis,which is not attributable to thePort’s negligence. (g) All persons desiring to use handling equipment, shall, as far in advance of the date of use, nature and quantity of cargo to be handled, and the estimated length of use and nature of use.

Users will be scheduled for the equipment in the order of their applications, but the schedule will be modified as necessary for the Temporary Wharf Assignments by the actual availability of a vessel at the berth and by the availability of cargo in port area. User shall, in the use of equipment, conduct its operations expeditiously and shall cease use and return the equipment to the control of the Port of Richmond without delay upon conclusion of the authorized use thereof. The Port Director reserves the right to order the user to cease use of the handling equipment immediately whenever, in his opinion, the user is not using said handling equipment in accordance with the terms of the assignment, or whenever necessary for the best interests of the port. The Port of Richmond will not be responsible for delays to vessels, land transportation equipment or cargo for any cause whatsoever. Whenever another vessel is standing by, awaiting the use of a berth where handling equipment is located, the vessel on berth will be required to work overtime at her own expense until loading or discharging has been completed.

Any vessel on berth which refuses to work overtime shall vacate the berth upon order of the Port Director. When a vessel loses her right to a berth by refusing to work overtime, such vessel will forfeit her turn and go to the bottom of the list of vessels scheduled and available. (h) Any and all vessels at a berth where handling equipment is located, after completion of loading or discharging, will be required to vacate the berth. However, at the discretion of the Port Director, two hours’ grace may be allowed after completion of loading or discharging before sailing, and all vessels finishing loading or discharging after midnight shall be allowed to remain on berth until six o’clock that morning. Should any vessel fail to vacate the berth under the above conditions, the Port Director shall have the right, authority and privilege to move the vessel at the vessel’s risk and expense.

The Port of Richmond reserves the right to refuse the handling of any commodity which, in its opinion, is not suitable for the handling equipment.

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ITEM 02190 U. S. GOVERNMENT CARGO
Cargos for the account of the United States of America or its individual agencies will be subject to contract rules and regulations quoted by the Port of Richmond.

U.S. Government cargo is defined as cargo where title has passed to the U.S. Government, and U.S.

Government bears direct responsibility for the payment of marine terminal rates and charges.

ITEM 02195 U.S. GOVERNMENT SPONSORED CARGO
U.S. Government Sponsored Cargo is defined as cargo moving under U.S. Government contracts, where the shipper bears direct responsibility for the payment of all charges until title passes to the U.S.

Government. Cargo moving under this definition is considered commercial cargo, and subject to published tariff rates and charges for commercial cargo.

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ITEM 03100 ACCIDENT REPORTING REQUIREMENTS
A. All accidents involving dangerous spills of corrosives, explosives or other flammable or dangerous cargoes must be reported immediately to:
(1) National Response Center (800) 424-8802
(2) United States Coast Guard Captain of the Port San Francisco Bay (415) 437-3073 (3) City of Richmond Fire Department Dispatcher (510) 307-8031 (4) Port of Richmond (510) 215-4600
(5) CHEMTRIC (CHEMICAL HAZARDS) 800-424-9300
(6) Nuclear Regulatory Commission (800) 424-8802
B. Any person in charge of a vessel or a facility as soon as knowledge of any discharge of oil or a hazardous substance from that vessel or facility in violation of the Federal Water Pollution Control Act (33 U.S. Code) or accidental release of dangerous cargo, shall report the same immediately to:
(1) National Response Center (800) 424-8802
(2) United States Coast Guard Captain of the Port of San Francisco Bay (415) 437-3073 (3) City of Richmond Fire Department, Dispatcher (510) 307-8031 (4) Port of Richmond (510) 215-4600
C. Vessels enroute to the Port of Richmond which have a hazardous condition shall not proceed into the Port Area until notifying the Captain of the Port, the City of Richmond Fire Chief and the Port of Richmond’s Port Department about the nature of the hazardous condition present.

Vessels with hazardous conditions shall follow the directions outlined by the Captain of the Port, City of Richmond Fire Chief and the Port of Richmond. “Hazardous Condition” means any condition that could adversely affect the safety of the vessel, the Port of Richmond terminals or shoreareaorenvironmentalqualityofthePort’swaters. Thisconditionincludesbutisnot limited to fire, explosion, leakage or damage of the vessel or dangerous cargoes transported by the vessel.

ITEM 03105 BULK DANGEROUS CARGOES
A. Bulk dangerous cargos shall not be transported or transshipped from one tank or container to another in the Port Area without first receiving permission from the City of Richmond Fire Chief and the Port Director of the Port of Richmond or his designee.

All transfers of bulkliquidorgaseousdangerouscargoorproducts,includingship’sstoresand bunkers and lubricating oils, shall be in accordance with the following federal regulations as applicable:

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33 CFR 125 - 126 (WATERFRONT FACILITY REGULATIONS)
33 CFR 151 - 159 (POLLUTION REGULATIONS)
46 CFR 30 - 39c (TANK VESSEL REGULATIONS)
B. The transfer of chlorine from one shipping package to another is prohibited.

ITEM 03110 DANGEROUS CARGO HANDLING AND STORAGE ON DOCK A. Except as otherwise provided in this tariff, it shall be unlawful for any person to permit dangerous cargo to remain overnight on any dock, wharf or bulkhead area or in any transit shed, whether publicly or privately owned, in the Port Area, unless such person shall first have applied for and been issued a Port of Richmond HAZARDOUS or RADIOACTIVE MATERIALS HANDLING PERMIT and unless such cargo is properly packaged and stowed in approved intact, fully enclosed cargo tanks or containers, as defined in Item 01210 or in a covered transit shed or warehouse equipped with adequate firefighting equipment as determined by the City of Richmond Fire Chief. All dangerous cargo shall be stowed so as to ensure the cargo is readily accessible to personnel responding to emergencies. Placards or labels indicating the cargo’s hazard class shall be readily visible. When stowed in cargo containers the doors shall be readily accessible for opening.

B. The City of Richmond Fire Chief and the Port of Richmond shall be notified when the amount of dangerous cargo stowed in containers at a facility exceeds 10% by volume, or in the case of break bulk, when 10% of the total weight of cargo on the facility is dangerous.

ITEM 03115 DISCHARGE AND DUMPING PROHIBITED
A. It shall be unlawful for any person, firm or corporation, to discharge, pump, deposit or dispose of, or to cause or suffer to be discharged, pumped, deposited or disposed of, or pass or allow to escape in or into or upon the waters of the Richmond Harbor areas any soil, spirits, or flammable liquid, or any crude petroleum, coal tar, or refuse or residuary product of coal tar, petroleum, asphalt, bitumen, or other carbonaceous material or substance, or any compound thereof, or any other pollutant material or substance, or any bilge water containing any of said materials or substances.

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(B) Terminal operators and any other person, firm, corporation or(changed) entity assigned a Port of Richmond Marine Terminal Facility that receives oily waste from vessels shall provide a terminal wastereceptionfacilitywithinthePortAreaandshallobtainandmaintainacurrent“Certificateof Adequacy” issued by the Captain of the Port to cover such operations. Such operations shall comply with all federal, state and municipal regulations concerning such facilities. ( C) The terminal operator or other authorized operator of a Terminal Waste Reception Facility is required to present such current “Certificate of Adequacy” upon request, to Coast Guard, Fire Department and/or Port representatives.

ITEM 03120 FACILITIES REQUIREMENTS
All waterfront facilities and terminals on Port of Richmond property, prior to handling dangerous cargos, shall meet all conditions of a “Designated Waterfront Facility” as prescribed in “Handling of Explosives or Other Dangerous Cargoes within or Contiguous to Waterfront Facilities” (33 CFR 126). The terminal operator is responsible to ensure adequate operational and safety requirements in compliance with this tariff and all applicable federal, state and municipal regulations.

ITEM 03122 SEWAGE DISPOSAL
A. It shall be unlawful to throw, discharge or deposit, or cause, suffer, or procure to be thrown, discharged or deposited, either from or out of any vessel, or from the shore, wharf, manufacturing establishment, or mill of any kind, any sewage or refuse, as described in the City of Richmond’s Municipal Code, Chapter 5.08. “Sewage” means any condition that could adversely affect the Port of Richmond’s terminals or shore area, or environmental quality of the Port’s waters.

B. When disposal of sewage is required from a vessel berthed at any Port of Richmond facility,the following disposal companies may be utilized:

Erickson, Inc. (510) 235-1393
H & H Environmental Services (415) 543-4835

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Or any other company designated by the Port Director.

ITEM 03125 GOVERNING PUBLICATIONS
In addition to any State and Municipal or Port Regulations, the following publications specifically regulate the handling and storage of hazardous and dangerous cargoes:
10 CFR 0 - 199 NUCLEAR REGULATORY COMMISSION.
33 CFR 125 - 126 FACILITY REGULATIONS
33 CFR 151 - 159 POLLUTION (MARPOL 73/78 RULE)
40 CFR 116 - 117 ENVIRONMENTAL PROTECTION AGENCY REQUIREMENTS 40 CFR 140 - MARINE SANITARY STANDARDS
40 CFR 260 - 280 HAZARDOUS WASTE: GENERATORS OF HAZARDOUS WASTE 40 CFR 302 - 305 OIL AND HAZARDOUS SUBSTANCES
46 CFR 30 - 39 TANK VESSELS
46 CFR 146 - 154(A) DANGEROUS CARGOES
49 CFR 100 - 195 HAZARDOUS MATERIALS
49 CFR 420 - 453 CARGO CONTAINERS “DANGEROUS GOODS” INTERNATIONAL

MARITIME ORGANIZATION (IMCO OR
33 USC IMO) DANGEROUS GOODS CODE ACT.
46 USC 170 HAZARDOUS ARTICLES
46 USC 391A HAZARDOUS ARTICLES
ITEM 03130 HAZARDOUS AND DANGEROUS CARGO
Hazardous and Dangerous Cargo Prohibited. Except as otherwise provided in this tariff it shall be unlawful for any person, firm, association, or corporation to handle, transport, load, discharge, stow or retain any class of explosives, hazardous or other dangerous cargo, as defined the Government

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Publications in Item 03125, and any applicable Federal, State or Municipal laws or regulations, to remain overnight on any deck, wharf, bulkhead area or in any transit shed, whether publicly or privately owned, or within such places and in such manner except as may be approved by the Captain of the Port, the City of Richmond Fire Chief and the Port Director of the Port of Richmond or his designee, the Governing Publications in Item 03135 HOT WORK PROHIBITED
ITEM 03135 HOT WORK PROHIBITED
A. Hot work is any operation involving oxyacetylene or electric welding, burning, cutting or other heat producing activities.

B. No hot work shall be conducted on any waterfront facility or vessel moored thereto in the Port Area when dangerous cargo is present unless a properly executed and valid Richmond Fire Department Welding and Hot-Work Permit is on file at the terminal and advance notification has been given to the Captain of the Port, the City of Richmond Fire Chief and the Port of Richmond.

ITEM 03140 LABELING, PACKAGING AND DOCUMENTATION REQUIREMENTS In order to comply with the United States Department of Transportation Regulations (49 CFR, Parts 100- 195) the following data are required for the delivery of hazardous cargoes to any terminal within the Port Area of the City of Richmond:
(1) Completeshipper’snameandaddress, and,whenpossible,thetelephonenumberfor emergencies
(2) Carrier’s name andaddress
(3) Completeconsignee’sname andaddress,to include theoverseas portofdestinationon exports. (4) Proper DOT or IMO shipping name; i.e., the technical name of the cargo being shipped as listed in 49 CFR and IMO.
(5) Hazard Class of the material being shipped.
(6) Kind and number of container, applicable container number(s), number of packages, individual weights and total weight.
(7) Labels required.

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(Continued from previous page)
(8) Shippers Certification: A shipper’s certification must appear on every bill of lading or shipping document provided. The correct wording of this certification is asfollows:

THIS IS TO CERTIFY THAT THE ABOVE-NAMED MATERIALS ARE PROPERLY DESCRIBED,

CLASSIFIED, PACKAGED, MARKED AND LABELED, AND ARE IN PROPER CONDITION FOR

TRANSPORTATION ACCORDING TO THE APPLICABLE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION.

The certification is to be accompanied by a legible signature of the person certifying above and the typed name and title of the signatory.
(9) Properly documented special instructions, exceptions, or exemption information, ifrequired.

ITEM 03145 RIGHTS OF REFUSAL
A. The Port Director of the Port of Richmond is hereby authorized and empowered to refuse permission to any vessel carrying explosives, hazardous or other dangerous cargo to berth at any dock, wharf, bulkhead area or alongside any transit shed, whether publicly or privately owned, or to any person, firm, association or corporation transporting explosives, hazardous or dangerous cargo to or storing such materials at any dock, wharf, bulkhead area or in any transit shed, whether publicly or privately owned, within the Port Area, or on any property under the control or jurisdiction of the Port of the City of Richmond whenever, in his sole judgment, such berthing or use of Port Area would be dangerous or hazardous.

B. The Port Director of the Port of Richmond or his designee may, at any time, cause any dangerous cargoes to be removed at the expense of the vessel, cargo owner or assignee. (continued on next page)

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
28 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.03 SECTION 3 - HAZARDOUS MATERIALS RULES AND REGULATIONS - EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)
(Continued from previous page)
ITEM 03150 TECHNICAL ADVICE: HANDLING AND PACKAGING, CHEMICAL HAZARDS, CLEAN-UP

PROCEDURES
Questions concerning procedures for handling or packaging, chemical hazards and Clean-up procedures may be referred to the following industry sponsored organizations:
(1) For information on handling and packaging of dangerous materials:

Material Transportation Bureau
(2) For information on chemical hazard and clean-up procedures:

CHEMTREC (800) 424-9300
ITEM 03155 VARIANCES FROM PORT REGULATIONS APPLYING TO DANGEROUS CARGOES Request for variance of any requirements outlined in this tariff pertaining to the handling of dangerous cargos shall be directed to the Port Director of the Port of Richmond or his designee.

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
29 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.04 SECTION 4 - SERVICE AND FACILITIES RULES APPLICATION - EFFECTIVE: 03/01/94 FILING: 01/07/94 (I)
ITEM 04100 APPLICATION
The charge assessed against vessels, their owners, agents or operators (See Note 2) which load or discharge cargo at the terminal for the use of terminal working areas in the receipt and delivery of cargo to and from vessel and for service in connection with the receipt, delivery, checking, care, custody and control of cargo required in the transfer of cargo: (See Note 1) (a) From vessels to consignees, their agents or connecting carrier, or (b) From shippers, their agents or connecting carrier, to vessels.

The foregoing does not include any services or facilities the charge for which is included in wharfage, dockage, wharf demurrage, wharf storage or other individual charges.

No person other than the Terminal shall be permitted to perform the services covered by this definition.

Note 1: Service and Facilities Charge does not include any cargo handling, loading nor unloading operations, nor any labor other than that which is essential to performing the service.

Note 2: Where the contact of affreightment establishes the responsibility as between the parties thereto for the payment of the service and facilities charge named in this tariff, such charge shall be billed to and paid by whomever shall be determined to be responsible under the contract of affreightment, but the full amount of such charge shall be billed to and paid by the vessel, its owners, agents or operators, to the terminal. Allocation or adjustment of this charge between vessel and cargo shall be made solely by the parties to the contract of affreightment, in accordance with terms of such contract. The term” Contract of Affreightment” as used herein shall meantariff,ocean rate or anyother arrangements under which the vessel transports cargo.

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
30 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.05 SECTION 5 - SERVICE AND FACILITIES CHARGES - EFFECTIVE: 03/01/94 FILING: 01/07/94 (I)
Rates are in cents per ton of 1,000 Kilograms.

ITEM 05100
Liquids in bulk from or to vessel or barge,
Rates ------- N.O.S. 1.90

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
31 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.06 SECTION 6 - DOCKAGE: RULES AND REGULATIONS - EFFECTIVE: 03/01/94 FILING: 01/07/94 (I)
ITEM 06100 APPLICATION OF DOCKAGE RATES AND CHARGES
(a) Except as otherwise provided, dockage charges shall be assessed against all vessels in all trades at the full dockage rates provided in Item No. 07100.
(b) One-half of the full dockage shall be assessed against all vessels, when berthed offshore of a vessel that is paying fulldockage.
(c) When a vessel is charged dockage for a period of 24 hours or more at wharf owned or operated by, or under lease, assignment, or franchise from, the Port of Richmond, it may use the same or, upon prior approval from the Port Director, any other wharf in the Port of Richmond area during the remainder of that same period for which charged, without further charge, regardless of how often it may leave or return.
(d) Vessels docked at non-operative facilities will be assessed one-half of full dockage rates named in this tariff, except vessels that require the use of the berth, wharf and/or facility for other than cargo operations may be assessed full dockage rates.
06105 BASIS FOR COMPUTER DOCKAGE CHARGES
(a) Dockageshallbebasedonoverall lengthofthevessel asshowninLloyd’sRegister. Ifthe length isnotshown inLloyd’sRegister,theship’s CertificateofRegistry showing lengthofvesselwillbe accepted. (b) VesselsforwhichtheoveralllengthisnotavailableineitherLloyd’sRegisterortheCertificateof Registry will be measured at the direction of the Port Director, by a bonafide Marine Survey or Naval Architect, and either lettered, numbered, or named and registered with the Port so that identification may be easily established; otherwise, such vessels shall be denied the use of the wharves and other facilities provided by the Port of Richmond. When necessary to measure a vessel, the linear distance in meters shall be determined from the most forward point on the bow of the vessel to the aftermost part of the stern of the vessel, measured as parallel to the base line of the vessel.
(c) In computing dockage charges based on overall length of vessel, the following will govern the disposition of fraction:

Less than one-half (.5) meters, discard.

One-half (.5) meters or more, increase to the next whole figure. (d) When a vessel changes its position from an outside to an inside berth, or vice-versa, or

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
32 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.06 SECTION 6 - DOCKAGE: RULES AND REGULATIONS - EFFECTIVE: 03/01/94 FILING: 01/07/94 (I)
(continued from previous page)
otherwise changes its status so that it would be liable to pay dockage at a different dockage rate, the dockage due under the changed status shall be assessed from the time such change takes effect.
( e ) Vessels on regular day schedules leaving from and returning to the wharf shall not be assessed more than one full day’s dockage in any 24-hour period.

ITEM 06110 DOCKAGE OF NON-OPERATIVE VESSELS
Application to berth a non-operative vessel at Port facilities shall be made to the Port Director upon forms provided by the Port. The Port Director may allow a non-operative vessel to berth at Port facilities upon receipt of application, subject to the provisions of this tariff, and to the charges, rates, rules and regulations applicable thereto. The berthing of such non-operative vessel shall be limited to mooring only and shall not include any other use of the berth, wharf, and/or facility by the applicant and shall be subject to the condition that the Port and its officers, agents and employees shall not be liable for any injury to or death of any person or damages to property of any kind whatsoever, whether the person or property of the applicant, its agent or employees, or third persons, from any cause while in or on the berthing area or occasioned by any use or occupancy of the berthing area of any activity carried on by the applicant in connection therewith, and that the applicant will indemnify and save harmless the Port, its officers, agents and employees from all liabilities, charges, expenses (including counsel fees) and costs on account of or by reason of any such injury, death claim, suit or loss however occurring or damages growing out of the same.

ITEM 06115 DOCKAGE PERIOD
(a) Dockage shall commence upon a vessel when made fast to a wharf, pier, seawall structure or bank, or mooring to a vessel so berthed, and shall continue until such vessel is completely freed from and has vacated the berth.
(b) No deductions shall be made for Sundays, Holidays, or because of the weather conditions.

ITEM 06120 FREE DOCKAGE
Free dockage will be accorded vessels when in the discretion of the Port Director, conditions may warrant the temporary suspension of regular dockage charges against:

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
33 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.06 SECTION 6 - DOCKAGE: RULES AND REGULATIONS - EFFECTIVE: 03/01/94 FILING: 01/07/94 (I)
(continued from previous page)
(a) Combat or training vessels, including vessels auxiliary thereto, of the United States of America or of any other nation.
(b) Vessels that are engaged exclusively in exhibitions whose sole purpose is the promotion of trade.
(c) Vessels owned or operated by the State of California. (d) Training vessels owned or operated by charitable organizations.

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
34 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.07 SECTION 7 – DOCKAGE -
EFFECTIVE: 12/01/99 FILING: 12/21/99 ( C )
ITEM: 07100 DOCKAGE RATES ON VESSELS ENGAGED IN ALL TRADES Overall Length of Vessel in Meters
OVER

BUT NOT
OVER
CHARGE FOR FIRST 24-HOUR PERIOD OR
PART THEREOF (I) 2%
0 30 $108
30 45 $153
45 60 $211
60 75 $319
75 90 $435
90 105 $683
105 120 $977
120 135 $1,319
135 150 $1,714
150 165 $2,154
165 180 $2,648
180 195 $3,191
195 210 $3,783
210 225 $4,422
225 240 $5,111
240 255 $5,852
255 270 $6,645
270 285 $7,483
285 300 $8,371
300 315 $9,309
315 330 $10,296
330 345 $11,333
345 360 $12,421
360 375 $13,553
375 390 $14,740
390 (1)

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
35 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.07 SECTION 7 - DOCKAGE -
EFFECTIVE: 12/01/99 FILING: 12/21/99 (C)
(continued from previous page)
(1) Dockage charges for vessels over 390 meters in overall length shall be $13,231 per day plus $37 dollars per day for each meter of overall length or fraction thereof in excess of 390meters. (2) Charges beyond the first 24 hours shall be assessed in whole six-hour increments at twentyfive percent (25%) of the full rate for each subsequent six-hour period.

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
36 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.08 SECTION 8 - WHARFAGE RULES AND REGULATIONS - EFFECTIVE: 07/01/96 FILING: 06/27/96 (C)
ITEM 08100 APPLICATION OF WHARFAGE RATES
(a) Except as otherwise provided in this tariff, wharfage, as defined in Item No. 01220, shall be assessed in addition to other charges named in thistariff. (b) Wharfage rates applicable will be those in effect on the date that vessel commences discharging or loading of cargo.
(c) Except as otherwise provided in this tariff, wharfage rates shall be assessed asfollows:
(1) Containerized Cargo and Empty Shipping Containers:
(a) Wharfage will be assessed on cargo in containers according to the commodity description, rate basis and the provisions specified in Items 10100 through10700. (b) Commodities not specifically named in this section will be subject to the Cargo N.O.S. rate basis specified in Item 10200
(2) Non-Containerized Cargo:
(a) Wharfage will be assessed charges in cents per 1,000 kilograms or cubic meter as specified in Items 09100 through 09215; or according to the vessel’s manifest, on whichever basis the water freight charges are assessed. (b) On cargo moving on other than a weight or measure basis (i.e. per package, perunit, combination weight and measure basis, etc.) wharfage will be assessed in cents per 1,000 kilograms or cubic meter, whichever will result in the greaterrevenue. (c) Commodities not specifically named in this section will be subject to the Cargo N.O.S. rate in Item 09105.
(d) Cargowhichis not coveredby aregular commercialshipping line’smanifest andisnot moving under regularly established commercial rates published in commercial tariffs, but is moving to or from ports that are served by vessels operating in regular trade routes under commercial tariffs, shall be assessed wharfage on the same basis as the freight charges on such cargo would have been assessed on vessels operating in such regular trade routes under commercial tariffs.
(e) Transferred cargo is defined in Item 01200, received at a Port of Richmond terminal facility will be assessed the applicable wharfage on the basis as cargo moving by vessel at the rate of $137.00 per twenty-foot equivalent container unit (TEU) prior toleaving

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
37 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE 34.08 SECTION 8 - WHARFAGE RULES AND REGULATIONS - EFFECTIVE: 07/01/96 FILING: 06/27/96 (C)
(continued from previous page)
the Port terminal. Transferred cargo moving by land vehicle from one Port of Richmond Terminal facility to another will be assessed only one wharfage charge of $136.00 per TEU which will be assessed at the final Port of Richmond terminal, unless a Port of Richmond wharfage charge is not applicable at that terminal in which event the charge will be assessed at the first terminal. However, transferred cargo may be assessed the lower rates in Items 10100 and 10300 through 10700 when the owner, agent or other person in charge of such cargo provides the Port written verification that the commodities are those specifically named in those items. (f) Transshipped cargo discharged and assessed applicable wharfage at one Port of Richmond terminal facility and directly reloaded to a vessel at the same or another Port of Richmond terminal will be assessed the applicable wharfage at the initial discharge only. The applicable wharfage on transshipped cargo will be assessed in accordance with Items 10100 through 10700 whether assessed at the initial discharge, or at the final Port of Richmond terminal because no wharfage charge was applicable at the initial terminal. Transshipped commodities will be subject to Port audit and verification. In the event such audit finds the transshipped commodities are not specifically named under Items 10100 and 10300 through 10700 then wharfage will be assessed under the rates for Cargo, N.O.S. in Item 10200. When transshipment is substituted for direct call of vessel, the charges on cargo so handled will be the same as that applicable to cargo handled on direct call.

ITEM 08110 MANIFESTS AND STATEMENTS
(a) The owner, agent, master, or other person in charge of a vessel or cargo shall deliver to the Port Director,orhisdesignee,notlaterthan45daysafterthedateof thevessel’sdepartureafull and correct statement (signed and certified on forms furnished by the Port) of wharfage assessed and collected on all cargo of every kind discharged from and or loaded to such vessel at such terminal, specifying the character and quantity of each kind of such cargo as identifiedin

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
38 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.08 SECTION 8 - WHARFAGE RULES AND REGULATIONS – EFFECTIVE: 07/01/96 FILING: 06/27/96 (C)
(continued from previous page)
this tariff, and such other information as may be specified on such forms, including, but not limited to the total number of loaded and empty containers. For the purpose of consideration of wharfage corrections the owner, agent, master, or other person in charge of a vessel or cargo must deliver corrections to cargo information previously submitted or additional information previously unavailable, not later than 120 days after the date of the vessel’s departure. (b) The owner, agent, master or other person in charge of a vessel or cargo, in addition to providing full and correct statements, shall within the time specified above, deliver to the Port Director, or his designee, those portions of the vessel manifest and or bills of lading that are reasonably necessary to verify the information provided on said documents. (c) In addition to the statements and documents required to be submitted under paragraphs (a) and (b) above, use of any Port facility by the owner, agent, master or other person in charge of a vessel or cargo shall constitute authorization for the release of operational information pertaining to such vessel activity, as may be reasonably required from time to time by the Port Director, or his designee, to verify cargo loaded and or discharged at the Port ofRichmond. (d) Neglect or refusal by any person to comply with the provisions in paragraphs (a), (b) and (c) of this Item; or, deliberately falsifying statements and documents by any person may, at the discretion of the Port Director, result in such persons being subject to the penalties prescribed in law and in this tariff. In addition, any person who fails to submit a statement of charges within the times provided herein shall pay to the Port the sum of one hundred seventy-seven dollars ($177.00) for each wharfage statement that the Port Director, or his designee is required to prepare as a result of the non-compliance with the provisions of paragraphs (a), (b) and (c) above.

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
39 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.08 SECTION 8 - WHARFAGE RULES AND REGULATIONS – EFFECTIVE: 07/01/96 FILING: 06/27/96 (C)
(continued from previous page)
ITEM 08115 PAYMENT OF WHARFAGE CHARGES

1. Wharfage charges assessed pursuant to this tariff are due and payable as incurred and shall be paid by the vessel so assessed, through its master, owner, agent, or other person duly authorized to do so, in accordance with the provisions specified in Item 02150.

2. When it is requested that wharfage charges be assessed and collected directly from the cargo owner or federal agency, and, when satisfactory guarantee of payment is given to the Port of Richmond, the wharfage charges will be assessed and collected from the cargo owner or federal agency making the request, pursuant to all applicable terms and conditions of thistariff.

ITEM 08125 FREE WHARFAGE
No wharfage will be assessed on:
(a) Handling and stevedoring tools, equipment, appliances, and supplies taken on wharf premises for the sole purpose of loading and or discharging a vessel. (b) Personal baggage of passengers (excluding household goods and automobiles) when carried on same vessel as passenger and on which no revenue is collected by the water carrier. (c) Cargo which a vessel discharges and reloads prior to departure, in order to load or discharge other cargo (overstowed or restowed cargo).
(d) Water carrier owned or controlled vans when shipped free of freight charges (excluding empty cargo vans which are transshipped under a water carrier bill of lading and assessed freight charges).
(e) Ballast in bulk, which is not manifested as cargo, has no commercial value and is handled direct between vessel and barge or shore tank.

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
40 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.09 SECTION 9 - WHARFAGE RATES NON-CONTAINERIZED CARGO – EFFECTIVE: 10/21/99 FILING: 12/01/99 (C)
Rates are in cents per 1,000 KGs or Cubic Meter as manifested, except as noted.

ITEM 09100
Aluminum Cans, empty, new (Per Cubic Meter) . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . 441 ITEM 09102
Boats, including launches, skiffs and yachts (Per Cubic Meter) . . . . . . . . . . . . . . . .. . …..422 When Shipped in cradles or on trailers, the dimension of cradle or trailer shall be included in overall measurement.

ITEM 09105
Cargo,N.O.S.including vessel’s stores and supplies . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 675 ITEM 09110
Cargo, in bulk, viz.: (not in containers)
Beans, Copra, Cottonseed, Feed, Grain or Grain Products, Peas, Pellets (Alfalfa or Beet Pulp), Safflower Seed, Seeds, Soybeans. . . . . . . . . . . . . .. . . . . . . . .. . …251 Scrap Metal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . .223 ITEM 09115
Cargo, in bulk, N.O.S . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .167 ITEM 09120
Cargo or Merchandise, bulk, moving in containers (Per 1,000 Kilograms) . . . . . . . . ... .681

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
41 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.09 SECTION 9 - WHARFAGE RATES NON-CONTAINERIZED CARGO – EFFECTIVE: 10/21/99 FILING: 12/01/99 (C)
(continued from previous page)
ITEM 09125
Buildings, Modules, and other units designed for general warehouse type storage, other than knocked down; empty, moving in multiple units of 10 or more per vessel, and equipped with corner castings capable of being loaded and discharged by shoreside container gantry cranes.

NOTE: With prior written request and Port Director approval, prototype units moving in smaller quantities may be subject to the rates as listed in this item.

Per Unit Overall Length 0 to 7 meters ....... $103 Per Unit Overall Length Over 7 meters $188.00 Per Unit
ITEM 09130
Coffee, green, in bags, per ton of 1,000 kilograms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 674 ITEM 09135
Fuel, bunker or petroleum products, for use of vessel to which initially delivered

From barge to vessel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 From car or truck to vessel . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 ITEM 09145
Liquids, N.O.S. in bulk from or to vessel through
pipeline (See Exceptions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. . 190 EXCEPTIONS: Bunker Fuel and/or No. 2 Diesel Oil
Per barrel of 159 liters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... $2 Petro-Chemicals and Aquatic Ammonia, but
excluding petroleum and other petroleum products. . . . . . . . . . . . . .. . . 190

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
42 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.09 SECTION 9 - WHARFAGE RATES NON-CONTAINERIZED CARGO - EFFECTIVE: 10/21/99 FILING: 12/01/99 (C)
(continued from previous page)
ITEM 09150
Livestock or other animals per head . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ITEM 09155
631
Lumber and Forest Products (see Note 1), viz.:

Ash, Hickory, Oak, Mahogany and all other hardwood lumber, logs (see Exception) and timber (see Note 2)
(Per 1,000 Ft. B.M.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,151 EXCEPTION: Eucalyptus Logs
(Per 1,000 Kilograms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 477 Cedar, Fir, Pine, Redwood, Spruce and all
Other softwood lumber, logs and timber (See Note 2).

See Exceptions including laths and ties (Per 1,000 Ft. B.M.) . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 967 EXCEPTION: Timber, Sawn (Pinus Radiata)
Inbound Only (Per Cubic Meter) . . . . . . . . . . . . . . . . . . . . . . . . . . 337 Dunnage and Ship Lining (Per 1,000 Ft. B.M.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 990 Piles and poles, per lineal meter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Wood Chips, in bulk, per Bone Dry Unit (BDU) for each consecutive 12-month period Commencing September 1, 1995:
1 to 60,000 BDU . . . . . . . . . . . (Per BDU) . . . . . . . . . . . . 870 60,001 to 120,000 . . . . . . . . . (Per BDU) . . . . . . . . . . . . 657 Over to 120,000 BDU . . . . . . . (Per BDU) . . . . . . . . . . . . 491

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
43 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.09 SECTION 9 - WHARFAGE RATES NON-CONTAINERIZED CARGO - EFFECTIVE: 10/21/99 FILING: 12/01/99 (C)
(continued from previous page)
Note 1: The same rate will apply whether articles are discharged or loaded overside vessel directly to or from the water in any slip, dock, basin or canal.

Note 2: If freighted by vessel on other than a B.M. basis, the Merchandise, N.O.S. rate shall Apply
ITEM 09165

RESERVED
ITEM 09165
Metals, loose, in bundles, coils or packages, viz.: Angles, bars, beams, billets, blanks, bolts, bridge sections, channels, finished or unfinished fabricated structures, ingots, nails, nuts, pigs, pilings, pipe, plate, rails, rods, screws, sheets, slabs, structural, tie plates, tin plate, unfinished shapes, washers and wire, including barbed wire . . (See Note) .. . . . . . . . . . . . 506 Note: For wharfage assessed on angles, bars, beams, channels, pipe and plate (excluding coils or plate packaged as rolled coils) a minimum charge per bill of lading of $117.00 is applicable.

Steel viz.: (See Exception)
Coils, Minimum 1,000 tons, one consignor, one consignee, one vessel . . . . . . . . . . . . . . . . 617 Wire Rod, in bundles or coils, minimum 500 tons,
one consignor, one consignee, one vessel . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 616 Exception: From one consignor to one consignee for each consecutive 12 month period commencing July 1, 1994:
60,001 to 100,000 tons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 546 100,001 to 130,000 tons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 491 Over 130,000 tons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
44 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.09 SECTION 9 - WHARFAGE RATES NON-CONTAINERIZED CARGO - EFFECTIVE: 10/21/99 FILING: 12/01/99 (C)
(continued from previous page)
ITEM 09170
Packages, shipping, empty, SU or KD, N.O.S. second hand (used), not including bags or sacks, per ton of 1,000 kilograms of 1 cubic meter whichever yields the greater revenue (see Note) NOTE: Will not apply on Coastwise, Inland Waterway and Intercoastal trades . . . . . . . . . . . . . . . . $397 ITEM 09175
Paper and Paper Products, N.O.S.

Not in Containers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $674 ITEM 09180
Racks, KD, empty, viz.:

Used Automobile Parts Racks or Engine Racks; Being
Returned to Origin (Per 40 Foot Container) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $157 ITEM 09185
United States Mail, per ton 1,000 kilograms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,181 ITEM 09190
Vans, Cargo, shipping empty, as described in Item No. 01201 per schedule below (see Exception) Charge per Van:

Overall Length 0 - 7 Meters . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . .. . $15.61 Per Van Overall Length 7 -9 Meters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . $17.69 Per Van

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
45 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.09 SECTION 9 - WHARFAGE RATES NON-CONTAINERIZED CARGO - EFFECTIVE: 10/21/99 FILING: 12/01/99 (C)
(continued from previous page)
Overall Length Over 9 Meters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $23.46 EXCEPTION: No wharfage will be charged on steamship carrier owned or controlled vans when shipped free of freight charges.

ITEM 09195
Vehicles, motor, self propelling, viz.:
(See Exception)
Automobiles, pleasure or passenger, including pick-up trucks or chassis, not exceeding 10 passengers per vehicle:

Each Vehicle . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $28.51 NOTE 1 . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8.09 When privately owned, per vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $31.14 NOTE 1 . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9.23 EXCEPTION: Does not include agricultural, earth moving or road making vehicles.

NOTE 1: Received from rail car, truck or other land vehicle and removed by rail car, truck or other land vehicle.

ITEM 09200
Vehicles, Commercial, including chassis, freight trailers, freight semi-trailers, agricultural, earth moving or road-making equipment,
per ton of 1,000 kilograms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $20.79 See NOTE 1, Item 09195 . . . . . . . . . . . . . . . . . . . . . . . . . . $17.51 each ITEM 09205
Vehicles, viz:

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
46 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.09 SECTION 9 - WHARFAGE RATES NON-CONTAINERIZED CARGO - EFFECTIVE: 10/21/99 FILING: 12/01/99 (C)
(continued from previous page)
Trucktractors, only, with or without fifth wheel, excluding chassis, vans or trailer attachments, Per ton of 1,000 kilograms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1422 ITEM 09210
Vehicles, empty, other than self-propelling, viz.:

Trailers, House or Vacation, Mobile, S.U.; with
or without wheels, per cubic meter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 548 ITEM 09215
Wood and Wood Products, N.O.S., not in containers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 674

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
47 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.10 SECTION 10 - WHARFAGE RATES CONTAINERIZED CARGO - EFFECTIVE: 12/01/99 FILING: 10/21/99 (C)
ITEM 10100
RATE BASIS A: $86 PER TEU or:

CONTAINERS
LENGTH
IN METERS 0 - 7M 7 – 9M 9 - 13M OVER 13M
(20 FT.) (24 FT.) (40 FT.) (45 FT.)

PER CONTAINER
RATE $106 $126 $207 $234
Except as otherwise provided, the application per TEU rates expressed as dollars per TEU for commodities listed in this subsection.

COMMODITIES ASSESSED RATE BASIS A:

Animal Feed and Miscellaneous Grains, viz:

Hay N.O.S., baled, pelletized or cubed, used for animal feed; oilseeds, safflower seed; rapeseed; castor seed
Borates; Borax
Boric Acid
Cargo, N.O.S., Containerized, in bulk Cereal, viz:

Wheat in bags or in bulk; Rice
Coal
Cocoa Beans

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
48 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.10 SECTION 10 - WHARFAGE RATES CONTAINERIZED CARGO – EFFECTIVE: 12/01/99 FILING: 10/21/99 (C)
(continued from previous page)
Coffee, green, in bags
Coke
Cotton, viz:

Cotton or Cotton Linters, baled
Dried Leguminous Vegetables, viz:

Beans; Peas; Lentils
Earth, Stone and similar products, viz:

Asbestos, crude; Concrete; Bricks; Stones, Diatomaceous Earth; Tiles (asphalt, ceramic, composition, marble);
Magnesite (magnesium oxide); Asphalt; Gilsonite (uintaite); Granite; Clay Fertilizer or Fertilization Materials N.O.S.

Food and Food Preparations for Human Consumption, viz:

Fresh/Frozen, including: Fish; Shellfish; Meat; Poultry; Fruits; Vegetables Fruit, Dried, including nuts
Fruit, Tropical, N.O.S., viz:

Canned or Preserved, including juice or concentrate, with or without other ingredients Grains for Human Consumption, viz:

Cereal Grains; Corn; Oats
Hide and Skins: Raw, undressed, N.O.S.

Household Goods or Personal Effects, N.O.S. used, not new, packed in containers or Lift vans suitable for forklift loading and

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
49 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE 34.10 SECTION 10 - WHARFAGE RATES CONTAINERIZED CARGO – EFFECTIVE: 12/01/99 FILING: 10/21/99 (C)
(continued from previous page)
handling (includes private vehicles in mixed container loads with personal effects) in the domestic trade only
Lumber and Forest Products; Sawn. Viz:

Hardwood and softwood, Burls, untreated, including: Poles, Piles, Pests, Pulpwood, Sawlogo, Ties, Veneer, Logo,Woodchips,Woodpulp, Woodsticks
Lumber, Sawn, loose or in bundles; Sawn Building Lumber (Note 1) Note 1: Timber, Sawn (Pinus Radiator), inbound only in 40 foot containers $154.00 per 40 ft. container Metals and Manufactures thereof: Articles, loose, in bundles, coils or packages, viz:

Angles; Bars; Beams; Billets; Blankets; Blisters; Blooms; Bolts; Bridge Sections; Cans, Aluminum, new, empty; Channels, Finished or Unfinished Fabricated Structures; Foil, Aluminum; Ingots; Nails; Nuts; Pigs; Pilings; Pipe; Plate; Rails; Rods; Screws; Sheets; Slabs; Structures; Tie Plates; Tin Plate; Unfinished Shapes; Washers and Wire, including barbed wire; Scrap Metal, N.O.S., including scrap batteries.

Nursery Stock, Live; including plants, trees, bulbs and root systems, under temperature control Paper and Paper Products, in rolls only, viz:

Boxboard; Cardboard; Kraftboard; Linerboard; Newsprint; Paperboard; Sacking Paper Racks, KD, empty, viz:

Used Automobile Parts Racks or Engine Racks being returned to origin in 40 ft. containers $170 per 40 ft. container
United States Mail
Waste and Scrap of Plastic
Waste Paper and Scrap of Paper, N.O.S.

ITEM 10200
CARGO NOT OTHERWISE SPECIFIED: $172 PER TEU OR:
161699.00

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
50 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.10 SECTION 10 - WHARFAGE RATES CONTAINERIZED CARGO – EFFECTIVE: 12/01/99 FILING: 10/21/99 (C)
(continued from previous page)

CONTAINER
LENGTH: 0 - 7M 7 - 9M 9 9 - 13M OVER 13M
IN METERS (20 FT.) (24 FT.) (40 FT.) (45 FT.)
Per container
Rate $173 $194 $348 $391
Except as otherwise provided, the application per TEU rates expressed as dollars for commodities listed in this subsection.

COMMODITIES ASSESSED:

Cargo, N.O.S.: Containerized (including vessel stores and supplies as well as containerized loads of mixed commodities)
ITEM 10300
Vehicles, viz: Automobiles, Pickup trucks or Chassis, Pleasure, Non-commercial not to exceed ten (10) passengers per vehicle, S.U.on wheels
$66 per Container

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
51 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.10 SECTION 10 - WHARFAGE RATES CONTAINERIZED CARGO – EFFECTIVE: 12/01/99 FILING: 10/21/99 (C)
(continued from previous page)
ITEM 10400
Commercial Vehicles; Wheeled or Tracked, including chassis, freight trailers, lift-trucks, agricultural, earth moving, or road making equipment (Subject to NOTE 1) $129.00 per TEU; or: Container Size 0 - 7M $152
7 - 9M $183
9 - 13M $302
OVER 13M $339
ITEM 10500, 10600, 10700
Vans, Containers, empty, as described in Item 01210
(Subject to NOTE 1)
Overall Length, in meters ITEM NUMBER
0 - 7 $17 per container 10500
7 - 9 $28 per container 10600
OVER 9 $32 per container 10700
NOTE 2: No Wharfage is assessed on water carrier owned or controlled vans shipped free of freight charges. (This NOTE 1 does not apply on empty cargo vanstransshipped under a water carrier’s bill of lading which are assessed freight charges).

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
52 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.11 SECTION 11 - WHARF DEMURRAGE & STORAGE: RULES & REGULATIONS - EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)
Rates provided in this Section will not apply on bulk commodities (as defined in Item 01105) handled mechanically through specialized facilities.

ITEM 11100 APPLICATION OF RATES
(A) APPLICATION OF WHARF DEMURRAGE AND/OR WHARF STORAGE RATES:

Wharf Demurrage and Wharf Storage as defined in Items 01230 and 01235 will be assessed charges on the same basis as Wharfage is assessed.
(B) WHARF DEMURRAGE (as defined in Item 01230):

At the expiration of free time, the wharf demurrage rates shown in individual items of this tariff will apply on freight remaining on terminal premises, unless and until arrangements for storage have been made with the Port of Richmond, and/or Terminal Operator (C) WHARF STORAGE (as defined in Item 01235)
Upon prior application and acceptance of property for storage, rates applicable to such service shall be subject to the following provisions:
(1) Daily Storage
(a) Daily storage applies for a 24-hour period, or fraction thereof, commencing with midnight of one day to midnight of the following day and includes Saturdays, Sundays, holidays.
(b) Merchandise that has been accepted for daily storage can later be accepted for monthly storage effective with the date of acceptance for monthly storage. (2) Monthly Storage:
(a) Except as otherwise provided in Sub-Paragraph 2) hereof, monthly storage periods shall extend from a date in one calendar month to, but not including the same date of the next and all succeeding calendar months; but if there is no corresponding date in the next succeeding calendar month, it shall be extended to and include the last day of that month. When the last day of the final storage month falls on Sunday or a legal holiday, the storage month shall be deemed to expire on the next succeeding business day.
(b) Upon agreement between the terminal and the owner of the merchandise or his agent, monthly storage charges will not be computed under the provisions of SubPage 829 of 2219

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
53 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.11 SECTION 11 - WHARF DEMURRAGE & STORAGE: RULES & REGULATIONS – EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)
(continued from previous page)
Paragraph 1) hereof but will, instead be computed on the first of month balance system as follows:
(1) When the storage period commences on or before the fifteenth day of the month,afullmonth’sstorageshallbeassessedforthatmonth. Afullmonth’s storage shall be charged on the merchandise on hand on the first day of the following month and for each succeeding month thereafter. (2) When the storage period commences after the fifteenth day of the month, storage charges for one-half month shall be assessed for that month. A full month’s storage shall be charged on the merchandise on hand on the first day of the following month and for each succeeding month thereafter. (c) Merchandise accepted for monthly storage cannot revert to daily storage.

ITEM 11105 ACCEPTANCE OF FREIGHT FOR STORAGE
(a) Acceptance of freight for storage is at the option or convenience of the terminaloperator. (b) When terminal space is available for monthly storage, freight may remain where already placed or may be moved and stored elsewhere on terminal premises at the option of the terminal operator. All freight accepted for monthly storage shall be assessed both the monthly storage rates and the receiving and delivery rates shown in the individual items of this tariff and shall be subject to the rules provided herein for monthly storage.

ITEM 11110 COMPUTATION OF FREE TIME
(1) Acceptance of freight for storage is at the option or convenience of the terminal operator. (a) On Outbound cargo, at the first midnight after it is unloaded from barges, rail cars, vessels, or vehicles, or otherwise placed on wharfingerfacilities. (b) On Inbound cargo, at the first midnight after the date vessel completes discharging. (2) Free time terminates at midnight of the final day of the free time period or uponthe removal of the cargo from wharfinger facilities whichever occursfirst. (3) The days during the loading or discharging operations of the vessel shall not be counted as wharf demurrage days on cargo actually loaded to or discharged from such vessels.

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
54 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.11 SECTION 11 - WHARF DEMURRAGE & STORAGE: RULES & REGULATIONS – EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)
ITEM 11115 DISPOSITION OF MERCHANDISE AFTER EXPIRATION OF FREE TIME Freight remaining on terminal premises after expiration of free time (see Item No. 11120), and freight shut out at clearance of vessel may, at the discretion of the terminal operator, be allowed to remain where situated, be piled or replied to make space, be transferred to other locations on terminal premises, or be removed to public or private warehouse, with all expenses and risk of loss and damage for account of the owner, shipper, consignee or carrier as responsibility may appear.

ITEM 11120 FREE TIME/ASSEMBLY TIME
A. FREE TIME:

Unless otherwise provided, the free time periods allowed, exclusive of Saturdays, Sundays and holidays, shall be the follows:

TRADE INBOUND OUTBOUND
Inland Waterway 5 days 5 days
Intercoastal 5 days 10 days
Foreign and Offshore (see Note) 7 days 10 days
Cargo transshipped between vessels involving a long and a short free time period shall be allowed the longer free time period, but in no case shall such cargo be allowed the aggregate of the inbound and outbound free time periods.

EXCEPTION: (a) Outbound cargo (merchandise), upon approval of the Port Director, may remain on wharves, premises orfacilities ofthe Port at owner’s risk at no charge for a period of time not to exceed ten (10) working days beyond the allowable free time if the vessel for which the cargo was originally intended is unable to call as scheduled because of stress of weather, accident, breakdown or other emergency. Thereafter, wharf demurrage shall be assessed against such cargo (merchandise) unless or until the cargo (merchandise) is accepted for wharf storage. This exception does not apply on cargo (merchandise) which wharf demurrage or storage charges have accrued prior to the original scheduled call date of the vessel.

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
55 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.11 SECTION 11 - WHARF DEMURRAGE & STORAGE: RULES & REGULATIONS– EFFECTIVE: 01/01/95 FILING: 11/09/94 (C )
(continued from previous page)
(b) The Port Director may extend the allowable free time on any merchandise if terminal operations or movement of merchandise are interrupted by war, earthquake, flood, fire, riot, or any unusual occurrence which, in the judgment of the Port Director, warrants the extension of such free time.

NOTE: Includes Alaskan, Hawaiian and Trans-Pacific Trades as set forth in Item 01240.

B. ASSEMBLY TIME:

Upon Shipper’s/Consignee’s request and subject to terminal space availability, the Port Director may grant time up to 20 days exclusive of Saturday, Sunday and holidays beyond regular free time allowance provided for in this tariff for assembling cargo lots aggregating 200 revenue tons or more which constitutes an export/import shipment for loading or unloading from a specifically named vessel.

ITEM 11125 MINIMUM CHARGE
(a) WHARF DEMURRAGE: The minimum charge shall be $19.
(b) DAILY STORAGE: When freight is stored on a daily storage basis for a period of less than 5 days, a minimum of 5 days storage will be assessed at the rates shown in individual items, subject to a minimum charge of $18.00 per month or fraction thereof on each invoice.
(c) MONTHLY STORAGE: The minimum storage charge shall be $25 per month or fraction thereof.

ITEM 11130 STORAGE UNDER STRIKE CONDITIONS
Cargo which cannot be removed from the Port due to a general waterfront strike of five calendar days or more, or work stoppage of waterfront labor engaged in handling cargo which curtails Port operations for five calendar days or more will be subject to the following:
(a) Cargo on Free Time: Strikebound cargo will be continued on free time until the maximum free time allowed under this tariff has expired. The Exception in Item 11120 will not be applicable in the computation of free time under the provisions of this item. Upon expiration of free time, storage charges will be assessed under the provisions ofParagraph (b) of this item.
(continued on the next page)

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
56 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.11 SECTION 11 - WHARF DEMURRAGE & STORAGE: RULES & REGULATIONS– EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)
(continued from previous page)
(b) Cargo on Demurrage or Storage: Cargo on Demurrage, Daily Storage, or Monthly Storage under the storage rates in this section, whichever results in the lowest charge during any calendar month in which the strike is in effect.
(c) Charges Applicable After Strike Ends: Strikebound cargo remaining on hand the first day of the first calendar month following the end of the strike will be subject to Daily Storage, unless prior arrangements have been made with the Port for Monthly Storage.

ITEM 11135 TRANSFER OF OWNERSHIP
Wharf demurrage charges, storage charges and receiving and delivery charges, are for the account of the cargo and any transfer of ownership after the cargo is received on the terminal will not entitle cargo to additional free time by reason of such transfer of ownership.

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
57 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.12 SECTION 12 - WHARF DEMURRAGE & STORAGE –
EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)
ITEM 12100 PER CONTAINER WHARF DEMURRAGE RATES
(See Item 11100)
Wharf Demurrage Rates on per-container basis are assessed on a daily basis including Saturdays, Sundays and Holidays as noted below:

CONTAINER OUTSIDE

LENGTH IN METERS

OVER BUT NOT OVER

DEMURRAGE

CHARGE PER

DAY FIRST FIVE
DAYS

DEMURRAGE

CHARGE PER DAY

EACH ADDITIONAL DAY
0 - 7.0 $19 $35

7.0 - 9.0 $20 $41

9.0 - 11.9 $32 $59

11.9 - 13.0 $35 $63

13.0 or Over $46 $85
Non-Containerized and Breakbulk Cargo Demurrage Rates: (See Item 11100). Wharf Demurrage Charges on cargo not in containers will be assessed on a daily basis, including Saturdays, Sundays and Holidays as noted below:

ITEM 12105 NON-CONTAINER WHARF DEMURRAGE RATES
In Cents Per Ton of 1,000 Kilograms or 1 Cubic Meter or other unit on the same basis as wharfage is assessed, except as otherwise shown. Includes Saturdays, Sundays, and Holidays.

COMMODITY

CHARGE PER DAY
FOR FIRST 5 DAYS

CHARGE PER DAY FOR

EACH ADDITIONAL DAY

CARGO NOS
LUMBER, PER 1,000
52 101
(continued on the next page)

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
58 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.12 SECTION 12 - WHARF DEMURRAGE & STORAGE –
EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)
(continued from previous page)

COMMODITY

CHARGE PER DAY
FOR FIRST 5 DAYS

CHARGE PER DAY FOR

EACH ADDITIONAL DAY
Feet B.M., or
fraction thereof

52 101
Vehicles, motor, on
wheels or treads, as
described in Item Nos.
09195, 09200, 09205 and 09210
Per vehicle 147 290
ITEM 12110 PER CONTAINER WHARF STORAGE RATES
(See Item 11100)
Wharf Storage Rates on a Per Container basis are assessed on a daily basis, including Saturdays, Sundays and Holidays or on a monthly basis as noted below:

CONTAINER OUTSIDE

LENGTH IN METERS

OVER BUT NOT OVER

DAILY STORAGE RATE

PER DAY OR FRACTION

THEREOF

MONTHLY STORAGE

RATE PER MONTH

OR FRACTION THEREOF
0 - 7.0 $ 121

7.0 - 9.0 121 121

9.0 - 11.9 1 175

11.9 - 13.0 169 196

13.0 or Over 20 271

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
59 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.12 SECTION 12 - WHARF DEMURRAGE & STORAGE –
EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)
(continued from the previous page)

COMMODITY STORAGE RATES
COLUMN A – Daily Storage Rates, per day or fraction thereof, Saturdays, Sundays and holidays, inclusive.

COLUMN B – Monthly Storage Rates, per month or fraction thereof.

COMMODITY A B
ITEM 12115
Cargo, NOS per 1,000 kilograms
or 1 cubic meter whichever
produces the greater revenue. 39 432
ITEM 12120
Cargo, NOS, per 1,000 kilograms
Or 1 cubic meter whichever produces
the greater revenue – when held in
uncovered areas (see Note 1).

NOTE 1: When outside
uncovered storage is requested
by shipper or consignee of goods.

Will not apply where commodity
rates are specifically named for
either covered storage. 28 331
ITEM 12125
Abestos, in bags 22 235
ITEM 12130
Beans, Cocoa, in bags. 29 279
(continued on next page)

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
60 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.12 SECTION 12 - WHARF DEMURRAGE & STORAGE –
EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)
(continued from previous page)
ITEM 12135
Canned Goods, N.O.S (Except
dried, dehydrated or frozen).

In cases or cartons. 28 247
ITEM 12140
Coffee, green, in bags, per
Ton of 1,000 kilograms 30 N/A
ITEM 12145
Cotton, Cotton Linters,
Compressed, in bales 31 388
ITEM 12150
Fertilizers, N.O.S. 21 210
ITEM 12155
Fruit, dried, in bags or cases 26 246
ITEM 12160
Iron or Steel Articles, NOS.,
when held in uncovered areas

26 199-203
Iron or Steel Sheets, loose,
in packages, or in rolls

31 199-203
Iron or Steel Pipe, NOS 31 333-340
ITEM 12165
Liquor, i.e., Alcoholic Beverages 40 438

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
61 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.12 SECTION 12 - WHARF DEMURRAGE & STORAGE –
EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)
(continued from previous page)
ITEM 12170
Lumber, per 1,000 feet B.M.,
In uncovered areas 55
ITEM 12175
Lumber, per 1,000 feet B.M., in
areas
uncovered
31 310
ITEM 12180
Milk, or Milk Products, dried 30
ITEM 12185
Ore and Ore Concentrates, in
packages – when held in
uncovered areas 26 203
ITEM 12190
Paper and Paper Articles,
viz.:

Bags
Boxes, Fiber, Corrugated, K.D. 44 216
Folded
Napkins, Towels
Newsprint, in rolls pulpboard,
51 61
587
980
in rolls
Tissues, NOS, including toilet
paper
20 50
203
587
Waste, in machine compressed
bales, or bundles
33 294

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
62 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.12 SECTION 12 - WHARF DEMURRAGE & STORAGE –
EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)
(continued from previous page)
Wrapping paper 46 506
ITEM 12195
Petroleum and Petroleum
Outbound Products, in packages
only 29 268
ITEM 12200
Pipe, asbestos, and/or cement
When held in uncovered areas 29 268
ITEM 12205
Plywood or Veneer, N.O.S., in
Packages
46 520
ITEM 12210
Rice
41 311
ITEM 12215
Sugar, N.O.S., in sacks
29 269
ITEM 12220
Tin Plate
259 221
ITEM 12225
Vehicles, Commercial (as described
in item 09200), per unit 91 - -

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
63 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.12 SECTION 12 - WHARF DEMURRAGE & STORAGE –
EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)
(continued from previous page)
ITEM 12230
Vehicles, Motor, on wheels
not boxed (as described in Item 09195, per unit:
(a) When stored in closed areas
(b) When stored in open areas,
on terminal, per vehicle
169
87 420
(c ) When stored in open areas
off terminal per vehicle
65 ITEM 12235
Vehicles, trucktractors (as
Described in item 092051),
Per units:
159
ITEM 12240
Wire or Strapping in cartons,
boxes, crates, on skids, or
on reels
29 246
ITEM 12245
Yachts and Small Boats
(applicable Intercoastal Trade
only):

For the first 14 calendar days
after expiration of free time
82 N/A
(continued on next page)

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
64 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.12 SECTION 12 - WHARF DEMURRAGE & STORAGE –
EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)
(continued from previous page)
For each day exceeding 14
calendar days 153 N/A

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
65 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.13 SECTION 13 - CRANE RENTAL, RULES AND RATES – EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)
ITEM 13100 EQUIPMENT RENTAL
Crane and equipment listed below, when available, will be rented at the convenience of the Terminal.

Rates named apply per hour or fraction thereof and do not include cost of operator. To determine hours of usage, all operating time will be counted.

Equipment rental starts and terminates when the extra labor service starts and terminates. All labor costs will be assessed by the stevedore.

DESCRIPTION RATE PER HOUR
Yard Gantry Crane (Bridge type) $470
Vessel Gantry Crane $470
ITEM 13105 VESSEL GANTRY CRANE – RENTAL OTHER THAN CONTAINERS Vessel Gantry Crane when available, will be rented at the convenience of the Terminal.

Rate named applies per hour or fraction thereof and does not include cost of operator. To determine hours of usage, all operating time is counted.

All labor costs will be assessed by the stevedore.

RATE: $143

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
66 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.14 SECTION 14 - MISCELLANEOUS CHARGES -
EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)
(Rates in cents per unit shown, except as otherwise provided)

DESCRIPTION OF SERVICES RENDERED
ITEM 14100 ELECTRIC CURRENT
All electric current furnished by the Port to vessels or equipment for power or ship lighting must pass through the meters of the Port and will be supplied at cost plus a service charge of $31.00. There will be a seven dollar ($7.00) minimum charge per month.

The charges for connecting lighting or power circuits, submeters or providing any other connections or equipment shall be actual charges plus a service charge of $31.00 or 15% whichever is greater.

EXCEPTIONS: Ships moving, of their own volition, from one pier to another requiring light or power connections shall be charged for such connections as provided above.

However, ships berthed for repairs and moved by order of the Port Director will not be required to pay additional service charges but shall in lieu thereof, pay time and material charges and/or submeter charges.

Electric Cable Rental Rates (in cents per foot, per day or fraction thereof including Saturdays, Sundays and Holidays), (see Note):

First 15 days .18 cents
Each day thereafter .09cents
NOTE: Power cables are precut in 250 foot increments. Ships will be charged according to the incremental length required.

ITEM 14110 WATER
The charge for water furnished to vessels shall be as follows:

For the first 1,000 cubic feet
per 100 cubic feet, (see Note 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $12 For all over 1,000 cubic feet,
per 100 cubic feet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $14

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
67 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.14 SECTION 14 - MISCELLANEOUS CHARGES -
EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)
(continued from previous page)
NOTE: 1 Minimum Charge $14 per vessel
(2 ) Water delivered through pipelines at the port with billing thereof performed by the port will be assessed charges in accordance with the charges assessed by the East Bay Municipal Utility District plus a service charge of $39 or 15% whichever is greater.

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
68 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.15 SECTION 15 - ASSIGNMENT OF AREA –
EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)
ITEM 15100 ASSIGNMENT OF AREA; DEFINITION OF
“ASSIGNMENT OF AREA” shall mean the granting of temporary use of Port Operations’ land or facilities to an assignee. These areas include land or facilities subject to long term contracts by Port Operations.

ITEM 15105 ASSIGNMENT OF AREA: HOW ASSIGNED
The Port Director may make assignments of area upon forms provided by the Port subject to the charges, rules and regulations of the Port applicable thereto, including those set forth in other sections of this tariff, and to such terms and conditions as may be contained in any such agreement.

ITEM 15110 ASSIGNMENT OF AREA; RULES AND REGULATIONS
(a) Charges for the assignment of area are in addition to other charges named in thistariff. (b) Charges shall be payable monthly in advance and shall be computed on the followingbasis:
(1) Monthly assignment periods shall operate on a calendar-month basis. (2) Assignments which commence on any day other than the first day of a calendar month shall be prorated on a daily basis to the first day of the following calendar month, and such prorated charges shall be payable in advance.
(3) Where an assignment commences in the second half of one calendar month, the prorated charges for such portion of the calendar month, plus assignment charges for the following calendar month, shall be payable in advance.
(c) The minimum assignment period shall be for a period of not less than one calendar monthor thirty consecutive calendar days.
(d) The Assignee may terminate the assignment on not less than ten days’ written notice. (e) The Port Director may terminate assignments without compensation to the Assignee, and order theAssignee to vacate the assigned area, upon not less than tendays’written notice. (f) Assignments shall not be transferred.
(g) The right to measure and remeasure premises, whenever, it is deemed necessary, is reserved by the Port Director, and the measurement or remeasurements made by the Port Director shall be

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
69 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.15 SECTION 15 - ASSIGNMENT OF AREA –
EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)
(continued from previous page)
used for the purposes of determining the kind and size of any additional area occupied, and Assignee shall be assessed charges at a penalty rate of TRIPLE the scheduled rate for such additional area occupied without prior approval of the Port Director.

ITEM 15115 ASSIGNMENT OF COVERED, UNCOVERED AND WATER AREA; CHARGES FOR Charges for the assignment of covered, uncovered and water area are for area occupancy only; alterations, improvements, cleaning, damage, maintenance and utility costs are in addition and shall be borne by the Assignee.

ITEM 15120 SPACE ASSIGNMENT RATES
Cents Per Square Foot per Month
(Except as Noted)
Type of Area (Subject to Note 1)
A Covered 17
B Uncovered, Paved (Subject to Note 2) 10
Unpaved (Subject to Note 2) 9
Minimum Charge - $229.00 per month per assignment of covered area; $110.00 per month per assignment of uncovered area.

C Office Space
(1) Office Space, NOS .72 Office
(2) Space, NOS, Air Conditioned .84
(continued on next page)

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
70 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.15 SECTION 15 - ASSIGNMENT OF AREA –
EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)
(continued from previous page)
(3) Terminal Office Building 1.39
NOTE 1: If the assignment is terminated by the Port Director, charges for the termination month will be prorated on a daily basis.

NOTE 2: In addition to the above rates, uncovered fenced areas will be assessed ½ cent per square foot.

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
71 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.16 SECTION 16 - SYMBOLS AND TARIFF AVAILABILITY – EFFECTIVE: 03/01/94 FILING: 02/09/94 (RCI)

ABBREVIATIONS
A.M. Before Noon
Bbls Barrels
B.M. Board Measure
Cu. Ft Cubic Feet
E.G. or e.g. For Example
Etc And so on
Ft Feet
Gals Gallons
I.e. That is
In Inches
K.D. Knocked Down
K.D.F. Knocked Down Flatt
KG(s) Kilograms
KM (s) Kilometers
Lbs Pounds
LT (s) Liters
M Meters
M.T. Metric Tons
No Number
N.O.S. Not otherwise specified in thistariff
Pkg Package
P.M. After Noon
S.U. Set Up
Viz Namely
W/M Weights or Measurement
% Percentum

FILING/AMENDMENT TYPE
(A)Increase

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2022
72 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS
RULE: 34.16 SECTION 16 - SYMBOLS AND TARIFF AVAILABILITY – EFFECTIVE: 03/01/94 FILING: 02/09/94 (RCI)
(continued from previous page)
(B)Change resulting in neither increase or decrease in rates or charges (C)Expiration (also use (A) if the deletion results in the application of a higher “cargo n.o.s.” or similar rate).
(D)New or Initial matter.
(E)Reduction
(F) Special Case matter filed pursuant to Special Permission, Special Docket or other Commission direction.
(G) Terminal Rates, charges or provisions or canal tolls over which the Carrier has no control
(H) Withdrawal of an erroneous filing on the same filing date.

ACCESS TO TERMINAL TARIFF INFORMATION
A. General
Pursuant to 46 CFR 514.8 (k) (v), the official version of this Tariff is the version of any and all tariff objects published and effective on a specific date in the ATFI central site computer or the ATFI archives. Individual tariffs are accessible by registered ATFI interactive retrievers and by the public at terminals in the Commission’s Tariff Control Center.

B. TARIFF AVAILABILITY

1. This Tariff is open for public inspection at the Terminal address as shown in the AFTI Organization Record or on the title page of the paper version of thistariff.

2. In the event of an major emergency at ATFI where the ATFI host processor is inaccessible due to an equipment breakdown, the official Tariff is that noted above which is available to subscribers at the above noted address.

3. The Tariff subscription fee is $367.00 per year.

MEMBERS
Humboldt Bay Harbor District
Port of Hueneme
Port of Long Beach
Port of Los Angeles
Port of Oakland
Port of Redwood City
Port of Richmond
Port of San Diego
Port of San Francisco
Port of Stockton
Port of West Sacramento

CALIFORNIA ASSOCIATION OF PORT AUTHORITIES
CaliforniaPorts.org

OFFICERS
Danny Wan
President
Kristine Zortman
Vice President
Wei Chi
Treasurer
Martha Miller
Executive Director

COMMITTEE ON TARIFFS AND PRACTICES

EMERGENCY DOCKET PROPOSAL
Members of the Committee:

The following matter is submitted for your consideration under the procedure outlined in California Association of Port Authorities Agreement, No. 224-007345-022. Response is requested within 96 hours of receipt.

Submitted by: Lizeht Zepeda Docket No.: 22-1-5E
Subject: Amend the Port of Richmond Terminal Tariff FMC No. 3 implementing 2% increase Proposal: The City of Richmond operates various terminal facilities at the Port of Richmond it is desirable to amend the Port of Richmond Terminal Tariff FMC No. 3 by implementing a 2% tariff annual rate increase (General Rate Increase).

Justification: This tariff amendment attracts new business opportunities and keeps the Port of Richmond competitive in the market.

Date: 9/20/22 Signed:

Name: Lizeht Zepeda
Title: Sr. Business Asst. Officer
cc: CAPA Executive Director
Committee on Tariffs & Practices
Lizeht Zepeda

From: Laura Lane
To: Delphine Prevost; [email protected]; Alan Wolken; [email protected]; [email protected]; Caris, Eric <[email protected]>; [email protected]; [email protected]; Delepine, Boris <[email protected]>; [email protected]; [email protected]; [email protected]; Janie Singleton; [email protected]; [email protected]; [email protected]; [email protected]; Joel Valenzuela <[email protected]>; [email protected]; Larry Oetker <[email protected]>; [email protected]; [email protected]; [email protected]; Rick Toft <[email protected]>; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Lizeht Zepeda; Fairchild, Sean; Austin Yang Cc: Martha Miller; Danielle Jennings; Antonelli, Matthew <[email protected]> Subject: RE: CAPA T&P Committee: Emergency Docket No. 22-1-5E - RESPONSE NEEDED Date: Monday, September 26, 2022 11:00:18 AM
Attachments: image001.png
This email originated from outside of the City's email system. Do not open links or attachments from untrusted sources.

Thank you all for your timely responses. Emergency Docket 22-1-5E (Port of Richmond) has been approved.

Laura E. Lane
San Francisco|816.719.8515
PlatinumAdvisors.com | LinkedIn | Facebook
From: Laura Lane
Sent: Thursday, September 22, 2022 10:08 AM
To: 'Delphine Prevost' <[email protected]>; '[email protected]' <[email protected]>; 'Alan Wolken <[email protected]>' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; 'Caris, Eric <[email protected]>' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; 'Delepine, Boris <[email protected]>' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; 'Joel Valenzuela <[email protected]>' <[email protected]>; '[email protected]' <[email protected]>; 'Larry Oetker <[email protected]>' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; 'Rick Toft <[email protected]>' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]'

<[email protected]>; '[email protected]' <[email protected]>; 'Lizeht Zepeda' <[email protected]>; 'Fairchild, Sean' <[email protected]>; 'Austin Yang' <[email protected]> Cc: Martha Miller <[email protected]>; Danielle Jennings <[email protected]>; 'Antonelli, Matthew <[email protected]>' <[email protected]> Subject: CAPA T&P Committee: Emergency Docket No. 22-1-5E - RESPONSE NEEDED Attached please find Emergency Docket No. 22-1-5E submitted by the Port of Richmond.

Under the FMC agreement, a response is required from each port member within 96-hours of receipt (exclusive of Saturdays, Sundays and legal holidays).

Accordingly, please respond to this email by 11am on Wednesday, September 28 with your vote.

If you have any questions or concerns, don’t hesitate to reach out. I really appreciate your prompt consideration!
Laura
Laura E. Lane
San Francisco|816.719.8515
PlatinumAdvisors.com | LinkedIn | Facebook

RESOLUTION NO. _____

RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND
APPROVING A 2% INCREASE TO THE PORT OF RICHMOND TERMINAL TARIFF FMC NO. 3.

WHEREAS, the City of Richmond operates various terminal facilities at the Port of Richmond; and
WHEREAS, it is desirable to amend the Port of Richmond Terminal Tariff FMC No. 3 by implementing a 2% tariff rate increase (General Rate Increase), effective July 1, 2022; and
WHEREAS, on September 23, 2022, the California Association of Port Authorities (CAPA), Committee on Tariffs and Practices, approved the Port of Richmond's Docket Proposal which is based on the West Region Consumer Price Index for All Urban Consumers; and
WHEREAS, the, tariff fees owed from July 1 to October 18th of 2022 will be charged retroactively.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Richmond hereby adopts an amendment to the Port of Richmond Tariff FMC No. 3 increasing the tariff rate by 2% effective July 1, 2022.

BE IT FURTHER RESOLVED, that the City Council of the City of Richmond hereby authorizes the City's Port Executive Director to publish the rates and rules, as required.
***************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held October 18, 2022, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

Interim City Attorney

October 18, 2022
Finance Department
DATE: October 18, 2022
TO: Mayor Butt and Members of the City Council
FROM: Shasa Curl, City Manager
Nickie Mastay, Deputy City Manager
Delmy Cuellar, Director of Finance
Mubeen Qader, Budget Administrator
LaShonda White, Interim Director of Library and
Community Services
SUBJECT: Fiscal Year 2021-2022 Year-End Clean-Up
FINANCIAL IMPACT: The financial impact to the General Fund is $12,771,275.

This amount will be covered by the General Fund
operating surplus for FY 2021-2022. The financial impact to Non-General Funds total ($4,825,437).

PREVIOUS COUNCIL
ACTION:

June 29, 2021, October 26, 2021, January 25, 2022,
February 1, 2022, February 15, 2022, March 1, 2022,
March 22, 2022.

STATEMENT OF THE
ISSUE:

As part of the FY 2021-2022 fiscal close, the agenda item is to acquire City Council approval before using the
Operating Surplus to clear the historic negative cash in non-general funds. The agenda item is also to obtain the City Council approval to convert some commitments and
assignments in the fund balance to unassigned (see
Fund Balance Section of the staff report).

RECOMMENDED ACTION: ADOPT a resolution to approve the use of the estimated Operating Surplus to clear the negative cash and other
administrative budget adjustments, transfer to Other
Post-Employment Benefits Trust, and release General
Fund fund balance assignments and commitments listed
in the attached resolution – Finance Department (Shasa
Curl/Nickie Mastay/Delmy Cuellar 510-620-6790).

AGENDA
REPORT