Richmond City Council
January 24, 2023

MEETING(S) ARE VIRTUAL

REGULAR RICHMOND CITY COUNCIL AGENDA

Tuesday, January 24, 2023, 4:30 p.m.

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

Eduardo Martinez, Mayor at Large
Melvin Willis, Councilmember District 1
Cesar Zepeda, Councilmember District 2
Doria Robinson, Councilmember District 3
Soheila Bana, Councilmember District 4
Gayle McLaughlin, Vice Mayor, District 5
Claudia Jimenez, Councilmember District 6

Link to City Council Agendas/Packets
http://www.ci.richmond.ca.us/4157/City-ofRichmond-Council-Meetings Register to receive notification of new agendas, etc.
http://www.ci.richmond.ca.us/list.aspx

CORONAVIRUS DISEASE (COVID-19) ADVISORY

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

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Effect of Advisory on In-person public participation: During the pendency of Assembly Bill 361, the 1-24-23, CC Mtg.

language in this Advisory portion of the agenda supersedes any language contemplating in-person public comment.

Unless otherwise noted in an agenda description, all actions taken by the Council include a determination that CEQA does not apply (i.e., the action is not a project and therefore exempt from CEQA).

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Pages
1-24-23, CC Mtg.

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 4:30 p.m.

B. ROLL CALL
C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Arriaga v. City of Richmond •
City of Richmond v. Pacific Gas & Electric•
C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Representatives: Sharrone Taylor and Jack Hughes• Employee organizations:

SEIU Local 1021 Full Time Unit and Part Time Unit1.

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

2. Richmond Police Officers Association RPOA3.

Richmond Police Management Association RPMA4.

IAFF Local 1885.

Richmond Fire Management Association RFMA6.

C.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
• Property: South 45th Street to the west, Wall Avenue to the south, Interstate 80 to the east, and the BART tracks to the north Agency negotiators: Anita Luck, Lina Velasco, and Jesus Morales Negotiating parties: Miraflores Community Devco, LLC
Under negotiation: Price and terms of payment
• Property: 1324 Canal Boulevard (General Warehouse, Port of Richmond) Agency negotiator: Dave Aleshire and Lizeht Zepeda
Negotiating parties: Richmond Grown
Under negotiation: Price and terms of payment
D. PUBLIC COMMENT BEFORE CLOSED SESSION
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 1-24-23, CC Mtg.

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

G. ROLL CALL
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
I. STATEMENT OF CONFLICT OF INTEREST
J. AGENDA REVIEW
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING

CLOSED SESSION
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) M. CRIME REPORT FROM POLICE CHIEF - 4th Tuesday (public comment allowed under Open Forum)
M.1 Richmond Police Department’s Crime Statistics Trend and Reporting Changes. 9 RECEIVE a presentation from the Police Department regarding a five-year historic crime trend and the change from Uniform Crime Reporting (UCR) to National Incident Based Reporting System (NIBRS) – Police Department (Chief Bisa French 510-621-1802).

N. OPEN FORUM FOR PUBLIC COMMENT
O. CITY COUNCIL CONSENT CALENDAR
O.1 Finance Department
O.1.a Contract for Cost Allocation Plan 33
APPROVE a contract in the amount of $17,290 with Matrix Consulting Group to develop a Cost Allocation Plan to direct staff from the Finance Department and Richmond Rent Program to prepare the Full Cost Allocation Plans that adheres to both Government Code Section 50076 and Richmond Municipal Code Section 11.100.060(l), for a term beginning January 18, 2023 through January 17, 2025 – Finance Department (Shasa Curl/Nicolas Traylor/Mubeen Qader 510-412-2077). This item was continued from the January 17, 2023, meeting.

O.2 Mayor's Office
O.2.a National Human Trafficking Awareness Month 85
PROCLAMATION declaring January 2023 as Human Trafficking Awareness Month – Office of the Mayor (Mayor Eduardo Martinez 510-620-6503)
O.2.b Black History Month – February 2023 87
PROCLAMATION declaring February 2023 as Black History Month in the City of Richmond – Mayor’s Office (Mayor Eduardo Martinez 510- 620-6503).
1-24-23, CC Mtg.

O.2.c 2023 Appointments to Committees and Liaison Positions 90 APPROVE appointments for the Mayor and Councilmembers to Regional Committees, Ad-Hoc Committees and Liaison Positions for the year of 2023 - Mayor’s Office (Mayor Eduardo Martinez 510-620- 6503).

O.2.d Electric Vehicle Fleet 94
RECEIVE a written report from MOTIV PS on the benefits of transitioning to an electric fleet – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).This item was continued from the November 22, 2022, December 6, 2022, and December 20, 2022, meetings.

O.3 Public Works
O.3.a I-80 Central Avenue Interchange Improvements Phase II project 121 ADOPT a resolution approving the Central Avenue at Interstate 80 Local Road Improvement Project Initial Study and Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Plan (MMRP), and authorizing the city manager to execute a first amendment to the Contra Costa County agreement for real property right of way services, in the amount of $1,000,000, for a new total amount of $1,050,000 – Public Works Department (Daniel Chavarria 510-620-5478).

P. BUDGET SESSION
P.1 Mid-Year Budget Presentation 447
RECEIVE budget presentations from the city manager and the Police and Fire departments – Finance Department (Shasa Curl 510-620-6512/Bisa French 510-621-1802/Angel Montoya 510-307-8041/Mubeen Qader 510-412-2077).

Q. PUBLIC HEARINGS
Q.1 6th Cycle Housing Element Adoption Hearing 465
ADOPT a resolution adopting the Addendum to the Richmond General Plan 2030 Environmental Impact Report (SCH#2008022018), adopting a General Plan Amendment to repeal the Richmond General Plan 2015-2023 Housing Element, and adopting the Housing Element Update for the 2023-2031 (6th cycle) planning period (PLN22-130) – Community Development Department (Lina Velasco 510-620-6841/Hector Rojas 510-621-1220).

R. STUDY AND ACTION SESSION
R.1 Report by the West Contra Costa Fire Safe Council 1020 RECEIVE a presentation from West Contra Costa Fire Safe Council (WCCFSC) regarding its mission, objectives, and achievements – Fire Department (Chief Angel Montoya 510-307-8041). This item was continued from the December 20, 2022, meeting.
1-24-23, CC Mtg.

R.2 Presentation of the Richmond Greenway Gap Closure Study 1043 RECEIVE a presentation; and ADOPT a resolution adopting the Richmond Greenway Gap Closure Study – Public Works Department (Daniel Chavarria/Patrick Phelan 510-307-8111).

R.3 Community Crisis Response Program Update 1102
RECEIVE an update regarding the development of a Community Crisis Response Program – Community Services Department (LaShonda White/Patrick Seals 510-620-6512).

S. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
T. ADJOURNMENT
________________________
1-24-23, CC Mtg.

January 24, 2023

Police Department

DATE: January 24, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

Richmond Police Department’s Crime Statistics Trend
and Reporting Changes.

FINANCIAL IMPACT: None.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Richmond Police Department (RPD) staff intends to
present an overview of crime statistics for the past five years and review changes to future crime statistics
reporting. RPD will shift from using Uniform Crime
Reporting (UCR) to the National Incident Based
Reporting System (NIBRS).

RECOMMENDED ACTION:

RECEIVE a presentation from the Police Department
regarding a five-year historic crime trend and the change from Uniform Crime Reporting (UCR) to National Incident Based Reporting System (NIBRS) – Police Department
(Chief Bisa French 510-621-1802).

DISCUSSION:

The Richmond Police Department (RPD) believes it is important for the City Council and public to understand past and current crime trends/statistics within the City of Richmond. RPD staff will present a five-year statistical report outlining crime statistics AGENDA
REPORT

January 24, 2023
from years 2018 through 2022. This presentation will cover all part-1 offenses, which include property and violent crimes.

Additionally, the Richmond Police Department will be transitioning away from the Uniform Crime Reporting (UCR) model and adopt the National Incident Based Reporting System (NIBRS) model. This transition provides consistency throughout the United States and will help to quantify crime nationwide. Reported crime under NIBRS in comparison to the UCR will reflect a statistical increase in crime, so it is important to understand why. The presentation will address the differences between the two crime reporting methodologies and update the City Council and public as to why these changes are necessary.

DOCUMENTS ATTACHED:

Attachment 1 – PowerPoint

CHANGES IN CRIME

STATISTICS REPORTING

CRIME ANALYSIS UNIT

RICHMOND POLICE DEPARTMENT
Crime Prevention Meeting
January 25, 2022
Haley Needham, Crime Analyst
Sofia Ayala. Crime Analysis Technician

5-Year Progression Report
5-YEAR PROGRESSION OVERVIEW:

In the past 5 years, Richmond Ca has on average 716 Violent Cri mes reported each year and 59 Violent Crimes each month. In the past 5 years Richmond Ca has on avera ge 3,514 property crimes reported each year and 294 Property Crimes each month. Violent crime con tinues to decrease, along with Property Crimes. Violent crime has decreased 9% since 2021 and Property Crime has decreased 7% since 2021.

5-Year Progression Report
VIOLENT CRIME SUMMARY:

Over the past 5 years, Richmond Ca has on average 716 violent crimes per year including Homicide, Aggravated Assault, Robbery, and Sexual Assault.

5-Year Progression Report
PROPERTY CRIME SUMMARY:

Over the past 5 years, Richmond Ca has on average 3,514 property crimes per year including Burglary, Theft, Vehicle Theft, and Arson.

5-Year Progression Report
HOMICIDE:

Over the past 5 years, Richmond Ca has on average 18 Homicides per year and 1 Homicide per month.

5-Year Progression Report
AGGRAVATED ASSAULT:

Over the past 5 years, Richmond Ca has on overage 319 Aggravated Assaults per year and 26 Aggravated Assaults per month.

5-Year Progression Report
ROBBERY:

Over the past 5 years, Richmond Ca has on average 294 Robberies per year and 24 Robberies per month.

5-Year Progression Report
BURGLARY:

Over the past 5 years, Richmond ca has on overage 1,184 Burglaries per year and 83 Burglaries per month.

5-Year Progression Report
THEFT:

Over the past 5 years, Richmond Ca has on average 1,354 Thefts per year and 117 Thefts per month.

5-Year Progression Report
VEHICLE THEFT:

Over the past 5 years, Richmond Ca has on average 1,077 Vehicle Thefts per year and 89 Vehicle Thefts per month.

5-Year Progression Report
VIOLENT CRIME SUMMARY:

5-Year Progression Report
PROPERTY CRIME SUMMARY:

Background
LEAs report crime
statistics to the DOJ -
Uniform Crime
Reporting (UCR)
Summary Reporting
System (SRS)
The DOJ collects,
analyses, and
develops statistical
reports and information
The DOJ is changing the way agencies report crime
National Incident Based Reporting System (NIBRS) will replace the Uniform Crime Reporting (UCR) Summary Reporting System (SRS) data collection method

Expectations
• Provide consistency throughout the U.S. for quantifying crime
• A more transparent approach to crime reporting for the public
• Reported crime volume will increase under NIBRS

What’s Changing? Comparing UCR SRS to NIBRS
The Richmond Police Department’s reported crime is expected to increase in volume as a result of this transition. However, this does not mean tha t crime has increased.

UCR SRS:
• Collects crime counts for 8 Index
Crimes
• Records one offense per incident
(Hierarchy Rule)
• Collects weapon information for
murder, robbery, and aggravated
assault
• Provides counts on arrests for the 8
Index Crimes and 21 other offenses
NIBRS:
•H a s23 categories with 52 offenses. It
also presents arrest data for those
crimes, as well as 10 additional
categories for which only arrest data
is collected
• Records each offense occurring
within one incident, up to 10 offenses
per incident
• Restructures definition of assault
• Collects weapon information for all
violent offenses

What’s Changing? Comparing UCR SRS to NIBRS
NIBRS records multiple offenses occurring within the same incident, whereas UCR SRS records only the most serious offense. Due to the difference in reporting standards, it can appear that an agency has higher levels of crime.

EXAMPLE:

2022 Comparison – UCR SRS (Old) vs. NIBRS (New)
In 2022, there were a total of 3,495 index crimes Citywide reported under the UCR SRS (old) crime data collection method. When those same crimes are reported under the NIBRS (new) crime data collection method, the total index crimes increases by 32% to 4,617.

DETAILED DIFFERENCE BY OFFENSE:

2021 – 2022 Month Comparison
VIOLENT CRIME:

2021 – 2022 Month Comparison
PROPERTY CRIME:

Where Can I Access These Statistics?
The Richmond Police Department is expected to implement these c hanges this year. Monthly Crime Statistics Reports utilizing the new NIBRS Crime Data Collectio n Method will be available to the public in early February, once data for the month of January is available .

Previous Monthly Crime Statistics Reports utilizing the UCR SRS (Old) Crime Data Collection Method are available to the public via the City’s website at the following link:
https://www.ci.richmond.ca.us/1023/Crime-Analysis

Want to Learn More About NIBRS Crime Data
Collection Method?
To learn more about the NIBRS Crime Data Collection Method, you may visit the FBI’s website at:
https://www.fbi.gov/how-we-can-help-you/need-an-fbi-service- or-more-information/ucr/nibrs

Questions?

CRIME ANALYSIS UNIT

RICHMOND POLICE DEPARTMENT
[email protected]
Haley Needham, Crime Analyst
Sofia Ayala. Crime Analysis Technician

January 24, 2023

Finance Department

DATE: January 24, 2023
TO: Mayor Martinez and Members of the City Council
Members of the Rent Board
FROM:

Shasa Curl, City Manager
Nicolas Traylor, Executive Director
Mubeen Qader, Acting Director of Finance
Subject:

Contract for Cost Allocation Plan
FINANCIAL IMPACT: The Matrix Consulting Group proposes to perform the tasks and services associated with developing a Cost
Allocation Study and Internal Service Charge Review for a fixed-price not-to-exceed fee of $17,290. Half of the fee will be paid from the City of Richmond General Fund
(01173415-400201) and the other half from the Rent
Program Operating Budget (11850065-400201).

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

City staff members are requesting that the members of
the City Council and the Rent Board review and approve
a contract to develop a Cost Allocation Plan with the
Matrix Consulting Group.

RECOMMENDED ACTION:

APPROVE a contract in the amount of $17,290 with
Matrix Consulting Group to develop a Cost Allocation
Plan to direct staff from the Finance Department and
Richmond Rent Program to prepare the Full Cost
Allocation Plans that adheres to both Government Code
Section 50076 and Richmond Municipal Code Section

11.100.060(l), for a term beginning January 18, 2023
through January 17, 2025 – Finance Department (Shasa
Curl/Nicolas Traylor/Mubeen Qader 510-412-2077). This
item was continued from the January 17, 2023,
meeting.

AGENDA
REPORT

January 24, 2023

DISCUSSION:

Background
In accordance with Section 11.100.060(l) of the Richmond Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance, the amount of the Residential Rental Housing Fee will be determined by the City Council after a recommendation by the Rent Board is provided to the City Council. Prior to July 1, the Rent Board is required to hold a public hearing on a proposed budget and adopt an annual budget for the ensuing fiscal year (“FY”).

While developing the FY 2022-2023 Budget and Fee Study for the Rent Board to review, Rent Program staff members examined and analyzed the Fringe Benefits percentage (for Worker’s Compensation), Cost Pool for General Liability Insurance, Administrative Charges, and Civic Center Allocation provided by the City’s Finance Department (Budget). As these charges significantly impact the Residential Rental Housing Fee calculation, Rent Program staff met with Finance and the Human Resources Department in February 2022 to receive further guidance and clarification of the City-wide Cost Pool allocations and Workers Compensation - Fringe Benefits methodology. Rent Program staff was advised by the Finance Department that the Cost Pool amounts were anticipated to increase significantly.

The City issued a request for proposal in October and received bids from four vendors:

 MGT of America Consulting, LLC
 Matrix Consulting Group, LTD.
 Maximus US Services
 Willdan Financial Services

The Decision to award the contract to Matrix Consulting Group, LTD. was based on the proposal and the costs fitting the scope of the work.

Worker’s Compensation and General Liability Insurance
In late February 2022, the Worker’s Compensation and General Liability Insurance Cost Allocations were provided to the Rent Program. The amounts charged for each allocation were significantly more than the prior year. The Rent Program staff had requested for the methodology, calculation, Actuary Report, and Confidence Level support from Human Resources and Risk Management. The allocation and amounts were expected to be finalized in late May 2022. The Worker’s Compensation and

January 24, 2023
General Liability Insurance Cost Allocation methodology from Risk Management with the supporting Actuary Report required additional research and validation. Rent Program leadership engaged in on-going discussions with the City Attorney’s Office, City Manager, Human Resources, and Finance Department and agreed to engage a consultant to review the Worker’s Compensation and General Liability Insurance Cost Allocation methodology and charged amounts.

January 24, 2023
Cost Pool for Administrative Charges
The Finance Department provided the Rent Program the Cost Pool for Administrative Charges derived from the Cost Allocation Plan Report produced by NBS Consulting (“NBS”) in late March 2022. The allocation charged to the Rent Program for the Administrative Charges increased considerably from the prior fiscal year. The NBS Cost Allocation Plan Report is a “Title 2 CFR Part 200 Annual Cost Allocation Plan” as opposed to a “Full Cost Allocation Plan”. The NBS Cost Allocation Plan Report was intended to obtain reimbursement of overhead costs associated with State and Federal grants, not reasonably identify administrative overhead costs to receivers of services within an organization. In May 2022, the Finance Department provided a revised Cost Pool for Administrative Charges amount with an amended Cost Allocation Plan Report produced by NBS. The Rent Program staff had requested for the City to provide a Full Cost Allocation Plan that adheres to both Government Code Section 50076 and Richmond Municipal Code Section 11.100.060(l).

Rent Program leadership engaged in on-going discussions with the City Attorney’s Office, City Manager, Human Resources, and Finance Department and agreed to hire consultants for the development of a “Full Cost Allocation Plan” for proper allocation of Cost Pool for Administrative Charges that complies to both Government Code Section 50076 and Richmond Municipal Code Section 11.100.060(l).

Discussion
The City of Richmond issued a Request for Proposal (RFP) seeking a qualified firm/consultant to work with the Finance Department and Rent Program staff to prepare the Full Cost Allocation Plans that adheres to both Government Code Section 50076 and Richmond Municipal Code Section 11.100.060(l) (Attachment 1). The City’s goal is to establish and maintain well-documented, defensible, and legally consistent Plans that can be used to recover indirect administrative costs.

The City received four (4) vendor Proposals for review and consideration. The Request for Proposal Committee was comprised of staff from the Finance Department, City Manager’s Office, and Rent Program. The Committee completed the assessments and ratings for all four proposals. The proposal submitted by the Matrix Consulting Group (Attachment 2) to perform the tasks and services associated with developing a Cost Allocation Study and Internal Service Charge Review was rated the highest among the four consultants. The Committee is requesting for Members of the City Council to review and approve the proposal submitted by the Matrix Consulting Group.

Financial Impact
The Matrix Consulting Group proposes to perform the tasks and services associated with developing a Cost Allocation Study and Internal Service Charge Review for a fixed- price not-to-exceed fee of $17,290. Half of the fee will be paid from the General Fund and the other half from the Rent Program Operating Budget.

January 24, 2023
DOCUMENTS ATTACHED:

Attachment 1 – Request for Proposal – Full Cost Allocation Plan Attachment 2 – Contract - Matrix Consulting Group

City of Richmond, California
Request for Proposal

1 CITY OF RICHMOND, CALIFORNIA

FINANCE DEPARTMENT

REQUEST FOR PROPOSALS

COST ALLOCATION PLAN

PROPOSAL CLOSING DATE: OCTOBER 14, 2022

City of Richmond, California
Request for Proposal

2 OBJECTIVE

The City of Richmond is seeking a qualified firm/consultant to work with Finance Department and Richmond Rent Program staff to prepare the Full Cost Allocation Plans that adhere to both Government Code Section 50076 and Richmond Municipal Code Section 11.100.060(l). It is the City’s goal to establish and maintain well-documented, defensib le, and legally consistent Plans that can be used to recover indirect administrative costs.

The anticipated term of this contract will be for a period of t wo (2) years with an option of extending the contract for two (2) additional years upon mutual agreement of both parties. The City requires that the scope of work in this RFP be completed by February 13, 2023.

SCOPE OF SERVICES

The consultant will assist the F inance Department in preparing a full cost allocation plan. For purposes of this RFP, a Full Cost Allocation Plan shall mean a Plan which allocates all reasonably identifiable administrative overhead costs to receivers of thes e services within the organization.

All costs, whether acceptable for federal reimbursement purpose s or not, are considered in the results of this Plan. Cities typically apply this version of the plan as the internal budgeting tool for establishing overhead support costs at the department level. Additionally, the Full Cost Allocation Plan shall adhere to the requirements set forth below:

1. Full Cost Allocation Plan:

A. Meet with various departmental s taff, including Rent Program st aff, to conduct interviews as needed to gain an understanding of the City’s pra ctices and operations.

B. Develop a Full Cost Allocation Plan that:
 Establishes a full cost alloca tion methodology for specific adm inistrative overhead costs that will properly reimburse the City’s General Fund for services provided by administrativ e departments, to departments and/or funds that receive services from the administration in support of conducting their operations.
 Allows for additions, revisions, or removal of direct and indir ect costs so that the allocation plan can be easily adapted to a range of ac tivities both simple and complex.
 Provides the ability to continuously update the plan from year to year to accommodate organizational changes.
 Apply the plan as an internal budgeting tool for establishing o verhead support costs at the department level.
 Adheres to both Government Code Section 50076 and Richmond Municipal Code Section 11.100.060(l), to gain a full comprehensive understanding of Special Revenue Fund requirements and how allocated costs apply t o expenditures for specific purposes.
 Review and provide a plan for the City’s Cost Pool Allocation f or General Liability Insurance (Object Number - 400574) that was prepared and

City of Richmond, California
Request for Proposal

3 provided by the Human Resources Management Department Risk Management Division.
 Review and provide a plan for the City’s Fringe Benefits Alloca tion for Worker Comp – Clerical and P rofessional (Object Number – 400121 and 400122) that was prepared and provided by the Human Resources Management Department Risk Management Division.

C. Assist the Finance Department in presenting the draft Plan to selected City staff and the City Council if needed.

D. Provide the City with five bound and one unbound copy of the final cost allocation plan; as well as an electronic copy of the final version, including related schedules and cost documentation in Excel format so it can be updated and/or edited by City staff.

TIMELINE

The tentative time schedule for completing this project is as follows:

1. Proposal deadline…………………..........................................…….…….October 14, 2022

2. Proposal evaluations……………………..................................................October 17, 2022

3. Firm/consultantselection…………………….............................................October 24, 2022

4. Contract joint approval by Rent Board and City Council…………........ November 15, 2022

5. Start of project…………………………….....................................…...November 28, 2022

6. Completion of project………………………............................…............February 13, 2023

FORMAT OF PROPOSAL AND SELECTION PROCESS

A selection committee, that is comprised of both City and Rent Program staff, will review all proposals using a specific set of evaluation criteria to determine which firm(s) to select for further consideration. Depending on the qualifications of the consulta nts and pursuant to the sole determination of the selection committee, the City may elect to conduct a final interview process.

To simplify the selection committee review, your proposal shall be limited to a maximum of 15 pages, and your proposal should closely follow the format outlined below:

1. A statement of your firm’s capabil ity to perform the required s ervices and a summary of experience in providing the services on similar projects, inclu ding any prior experience conducting cost allocation studies for special revenue funds.

2. Specify key staff members assign ed to this project, including a summary of their experience related to the work described in this RFP.

3. A detailed description of the pr oposed Work Plan for performing the required services, including timeline and a description of activities and deliverables.

4. A fee schedule categorized by staff positions. Include additio nal charges for sub- consultant’s services and reimbursable expenses.

5. A list of references for similar projects, including names of contact persons and telephone numbers and/or email addresses.

City of Richmond, California
Request for Proposal

4 EVALUATION CRITERIA

The selection committee will evaluate, and rate proposals based on the following criteria:

Evaluation Criteria Maximum Points

1. Qualifications
 Capability to perform the work within the designated time frame;
 Description of proposed work plan for performing
required services;
 Overall quality of statement of qualifications;
 Length of time in business.
35 2. Experience
 Past experience developing full cost allocation plans;  Past experience developing cost allocation plans that involved rent control jurisdi ctions and/or other special revenue funds.
 Qualifications and experience of key personnel dedicated to performing the scope of work.
30 3. References
 References from other agencies for which this type of work was done.
10 4. Fee Schedule
 Total cost for completing this project;
 Break-down of cost categorized by staff positions;
 Inclusion of additional charges for sub-consultant services and reimbursable expenses.
25 Total Potential Points 100

These items are not listed in order of importance. The selection committee will evaluate proposals on their overall response to the specific needs of this RFP. General information not related to the conditions required in this RFP shall not be included in your p roposal. The City may conduct a final interview of the top-ranking firms before the selection c ommittee makes its final selection.

The selection committee will r ecommend to the City Council that a contract be awarded to the highest-rated firm.

City of Richmond, California
Request for Proposal

5 SUBMITTAL OF PROPOSAL

Electronic Proposals shall be submitted via the City’s secure online bidding system. All required sections of the proposal must be submitted via the website. Contractor is solely responsible for “on time” submission of their electronic proposal. The Bid Management System will not accept late proposals and no exceptions shall be made. Contractors will receive an e-bid confirmation number with a time stamp from the Bid Management System indicating that their bid was submitted successfully. The City will only receive those proposals that were transmitted successfully.

Proposals will be accepted until 4:30 p.m., Friday October 14, 2022. Proposals received after the deadline will not be accepted.

Questions Concerning Request for Proposals

All questions must be submitted via the electronic BidsOnline s ystem on the Q&A tab by 10:00 am PST, on October 5, 2022. If the City finds it necessary to i ssue an addendum, prospective Offerors will receive e-mail not ification of addendum. Otherwis e, answers to questions received will be provided on the Q&A tab and notification will be sent by October 7, 2022.

Interested parties may download copies of the above mentioned p roposal by visiting the City’s website, www.ci.richmond.ca.us/bids. To download RFP, new vendors will be required to register.

Once the prospective Offeror dow nloads any documents relative t o a solicitation, th at Offeror’s name will appear on the Prospective Bidders list for that project and will be notified of any addenda issued for this RFP.

The City reserves, at its sole discretion, the following options:

1. To waive any technicalities or immaterial irregularities in the submittals.

2. To prepare and issue such amendments and addenda to the RFP pri or to the receipt of the submittals that may change all or any portion of the work.

3. To postpone or change the date for receipt of the submittals or any other deadlines specified in the RFP.

4. To conduct investigations with regard to the information provided by each applicant.

5. To accept or reject any and all submittals in whole or in part.

6. To cancel this RFP process at any time, or to invalidate this RFP and issue a second RFP.

All submittals received to this RFP shall become the property of the City and will not be returned. Subject to California law relating to access to public records, the City may be required to publicly disclose all submitted information and materials to third parties requesting such information.

City of Richmond, California
Request for Proposal

6 Exceptions to this Request for Proposals

The proposer shall state whether or not it takes exception(s) to this RFP, including but not limited to the City of Richmond’s Standard Services Agreement – RFP (Attachment A). If the proposer does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is taken must be identified by section number and explained. Requests for changes or additions to sections of City of Richmond’s Standard Services Agreement must be shown by requesting deletion of specific words and/or by providing new requested contract language. Requests for complete replacement of the City of Richmond’s Standard Services Agreement for another contract will not be granted. Failure to make exceptions to the RFP or Standard Services Agreement within the proposal will be deemed a waiver of any objection.

Exceptions will be considered during the proposal evaluation process.

Insurance Requirements

The City of Richmond requires consultants doing business with it to obtain insurance, as shown in this RFP (Attachment B). The required insurance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the Project.

Business Licenses

The successful Contractor will be required to hold or to obtain a City of Richmond business license for which the fee will not be waived.

Sanctuary City Contracting Ordinance (SCCO)
The Richmond Sanctuary City Contracting Ordinance No. 12-18 (Attachment C) prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Proposers must submit the attached Sanctuary City Compliance Statement with their Proposal. (Attachment D)

Limited Liability Company Disclosure Statement (LLCS)
Resolution No. 86-21 (Attachment E), approved by City Council on July 6, 2021, requires disclosure of the identities of beneficial & responsible owners of Limited Liability Corporations (LLC). Proposers must submit the attached Disclosure Statement of Limited Liability Companies Form with their Proposal (Attachment F).

ATTACHMENTS
Attachment A - Standard Contract (sample)
Attachment B – Insurance Requirements
Attachment C – Richmond Sanctuary City Contracting Ordinance Attachment D – Sanctuary City Compliance Statement
Attachment E – Limited Liability Company Resolution
Attachment F – Limited Liability Disclosure Form

CITY OF RICHMOND

STANDARD CONTRACT

Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

PR No: Vendor No: P.O./Contract No:

Description of Services:

The parties to this STANDARD CONTRACT do mutually agree and promise as follows:

1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]

2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.

4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.

7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)

9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.

10. Signatures. These signatures attest the parties' Contract hereto:

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)

Title: By:

I hereby certify that this Contract Title:
has been approved by City Council.

Date Signed:

B y :

City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:

B y :

B y : T i t l e :

City Attorney
Date Signed:

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07

For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN

Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:

For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS

{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}

1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.

2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.

3. Contractor shall submit timely invoices to the following address:

Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:

PO Box 4046
Richmond, CA 94804-0046

4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.

5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.

6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.

For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.

1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

City of Richmond

Richmond, CA 94804-0046

1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.

2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.

3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,

General Conditions/EJ/TE 01-19-11 2 of 13

import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.

5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.

If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.

6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.

General Conditions/EJ/TE 01-19-11 3 of 13

Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.

Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.

Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.

Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.

General Conditions/EJ/TE 01-19-11 4 of 13

Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.

8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:

Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.

If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.

In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.

9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue

General Conditions/EJ/TE 01-19-11 5 of 13

any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.

City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.

11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

General Conditions/EJ/TE 01-19-11 6 of 13

13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

15. Indemnification.

(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to

General Conditions/EJ/TE 01-19-11 7 of 13

indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section

15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.

16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

General Conditions/EJ/TE 01-19-11 12 of 13

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

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

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

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

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

39. Performance and Final Acceptance.

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

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

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

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

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

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

For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS

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

For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS

During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.

___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 1 of 3

Revised: June 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

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

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

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

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

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

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

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)

Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

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

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

___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 2 of 3

Revised: June 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

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

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

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

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

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

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

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

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

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

Claims-Made Policies

___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

Revised: June 2011
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors

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

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.

The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .

The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

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

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

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

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

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

Reporting Requirements

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

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

EXHIBIT H

CITY OF RICHMOND
Sanctuary City Compliance Statement

The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12 -18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:

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

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

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

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

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

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

By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

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

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)

Proposal to Develop a Cost Allocation Plan RICHMOND, CALIFORNIA October 13, 2022

Table of Contents Transmittal Letter i 1. Firm Background and Qualifications 1 2. Key Project Staff 4 3. Proposed Work Plan 6 4. Fee Schedule 13 5. References 14

1650 S. Amphlett Blvd., Suite 213 • San Mateo, CA 94402 • 650.858.0507 SF Bay Area (Headquarters), Boston, Charlotte, Dallas, Irvine, Portland, St. Louis October 13, 2022 Ofelia Alvarez, Senior Buyer City of Richmond 450 Civic Center Plaza Richmond, California 94804 Dear Ms. Alvarez, The Matrix Consulting Group appreciates this opportunity to submit a proposal to work with the City of Richmond’s Finance Department and Richmond Rent Program staff to develop a Cost Allocation Plan that adheres to both Government Code Section 50076 and Richmond Municipal Code Section 11.100.060(l). The goal of this study is to establish and maintain well-documented, defensible, and legally consistent plans that can be used to recover indirect costs. Our firm stands apart from other firms for the following reasons: • Experience in cost allocation studies: Our firm and team have conducted 250+ cost of service studies for municipalities over the last 20 years across the United States, with recent California clients including: San Mateo, Millbrae, Redwood City, Sunnyvale, Livermore, and South San Francisco. • Project team expertise: Our Project Executive and Project Manager are experts in organizational analysis, cost allocation, and revenue best practices, ensuring accurate and defensible results. • Timeliness of products and transfer of knowledge: We are committed to ensuring that all client deadlines are met, providing defensible work products, and creating recommendations to enhance revenue recovery. The City knows our work – we are currently completing an Emergency Services Study. I am the firm’s President, authorized to negotiate on its behalf and bind it contractually. I can be reached at the numbers below, or via email at [email protected].

Richard Brady, President Matrix Consulting Group
matrixconsulting group

Proposal for a Cost Allocation Plan Richmond, CA

Matrix Consulting Group 1
1 Firm Background and Qualifications The Matrix Consulting Group specializes in providing analytical services to local governments to assist them in providing highly responsive, efficient, and effective services to their residents. Our firm’s history and composition are summarized below: • We were founded in 2002 and incorporated in California. • Our firm employs 25 full time, and 4 part time staff. • Our headquarters are based in San Mateo, California with a Southern California office in Irvine. We have additional offices in Edwardsville (IL), and the Dallas, Portland (OR), Fort Myers (FL)and Charlotte (NC) areas. We also have an office in Canada (in Nova Scotia). • Since our founding, we have worked with over 1,500 government agencies, conducting cost of service and management studies providing recommendations relating to operations, improvements, and cost recovery. The market and service focus of the Matrix Consulting Group has always been financial, management, staffing and operations analysis of local government. The following outlines the core services provided by our firm: Administrative (HR, Finance, IT) Fire and EMS Community Development Fleet Management Corrections and Justice Law Enforcement Emergency Communications Parks, Recreation, and Libraries Financial Services Public Works and Utilities Richmond is a current client – we are completing the Emergency Services Study this month for Richmond. 1 Qualifications and Experience in Cost Allocation Plans Our firm has extensive experience developing Full Cost and OMB compliant Cost Allocation Plans, as well as Indirect Cost Rate Proposals for various municipal organizations across the United States. Whether we are working with large cities, small towns, special districts, or individual departments, our goal is to document and define the services being provided, and accurately allocate costs to all beneficiaries. The following points highlight our experience with developing cost allocation processes and metrics: • Administrative Functions: Our firm has extensive experience in evaluating processes and functions associated with Town Clerk, Finance, Human Resources,

Proposal for a Cost Allocation Plan Richmond, CA

Matrix Consulting Group 2
and Purchasing. From basic tasks and responsibilities to process improvement and oversight controls, our project teams are able to: - Identify core service functions, such as payroll, employee benefits, budget preparation, agenda and commission support. - Review current data metrics, and work with staff to ensure resulting allocations are appropriate, fair, and equitable. - Recognize services that are not in direct support of departments, including business licenses and elections, and ensure they are accurately identified, but not further allocated. Our project teams understand the core services associated with administrative functions, as well as the time associated with process completion, and are adept at helping staff determine daily, weekly, monthly, or annual time spent on a task. These assumptions form the core basis of a cost allocation plan, and should be defensible not only through documentation, but also by Town staff. • Governmental Functions: The Matrix Consulting Group has worked with and been a part of managerial studies relating to Town Manager and Legal services. Additionally, we have extensive experience working with, and presenting to various boards, councils, and subcommittees. Our understanding of the various types of services provided allow our project teams to assess what services are best for allocation, including: - Categorizing services and support that benefit the Town as an organization, such as contract negotiation, and approval of internal policies. - Identifying services that benefit the Town economically, such as lobbying, and economic development, which should not be allocated. Our team understands how these costs can and should be treated in both a Full Cost Plan and OMB compliant plan, including making staff aware of common practices, as well as aggressive allocation options. • Internal Services: The Matrix Consulting Group has significant experience evaluating services and functions associated with Facilities Maintenance, Fleet Services, and Information Technology. While these services can be part of the general fund or internal services, their allocation is important when trying to understand the indirect costs associated with any Fund, Department, or Program. Our project teams work with these departments to: - Review existing allocation processes and metrics to ensure compliance with state and federal regulations.

Proposal for a Cost Allocation Plan Richmond, CA

Matrix Consulting Group 3
- Determine if newer metrics, or metric alterations could provide more accurate allocations. Our project team is committed to ensuring that all cost centers being allocated by our clients follow state and local laws, use fair and equitable allocation metrics, and are documented and defensible. 2 Prior Experience in Cost Allocation Plans The following table provides a sampling of California jurisdictions for whom we have provided similar services within the last five years, including the types of services provided to each jurisdiction, relevant to the requested scope of services: Jurisdiction Full Cost OMB Internal Service / Special Revenue Indirect Rates Ann. Plan Adelanto, CA X Citrus Heights, CA X X X Cupertino, CA X X Dixon, CA X X X Downey, CA X X X Elk Grove, CA X X X X Fairfield, CA X X Hercules, CA X X X Los Altos Hills, CA X X Livermore, CA X X X X Manhattan Beach, CA X X X X Millbrae, CA X X X Pacific Grove, CA X X Port of Long Beach, CA X X Redwood City, CA X X X Resource Cons. Dist. of Santa Cruz County X X X X Sacramento Regional Transit, CA X X X San Mateo, CA X X X X San Mateo Resource Cons. District X X X Santa Clara, CA X X X X South San Francisco, CA X X X Sunnyvale, CA X X X Services provided to the above listed clients were delivered by our proposed project executive and project manager out of our San Mateo (headquarters) and Irvine, CA offices.

Proposal for a Cost Allocation Plan Richmond, CA

Matrix Consulting Group 4
2 Key Project Staff The Matrix Consulting Group uses a core project team to conduct cost allocation and cost of services studies. This structure ensures that each project has the technical expertise required to adhere to state and federal guidelines regarding cost allocation, as well as generally accepted accounting principles relating to cost accounting. The following chart outlines the project team, their specific roles, and reporting structure.

The following table provides a summary of experience of our proposed project team and their roles through the course of this project: Courtney Ramos Vice President, Project Executive Experience: 17 years Ms. Ramos is our Financial Services Practice Leader, who oversees cost allocation plan, user fee, development impact fee, and cost of service engagements. Her tenure has also included participation in operational audits focusing on organizational / staffing structure enhancements. Courtney has completed over 250 cost of service studies. Recent clients include Daly City, Redwood City, Hercules, Millbrae, San Mateo, Milpitas, Mill Valley, Sunnyvale, South San Francisco, and Los Altos Hills. Her role on this project would be to serve as the Project Executive involved in reviewing and presenting results. Ms. Ramos is a GFOA and CSMFO member.

Ms. Orchard and Ms. Dixson will coordinate data collection, support city staff in data development, and populate models.

Ms. Ingle will be responsible for leading interviews, financial analysis, policy discussion and development.

Ms. Ramos with be the primary contact for the project, providing expertise in reviewing drafts and presenting results.

Project oversight and overall Project approvalCity of Richmond Courtney RamosProject Executive
Khushboo IngleProject Manager
Lauren OrchardAnalystMadison DixsonAnalyst

Proposal for a Cost Allocation Plan Richmond, CA

Matrix Consulting Group 5
Khushboo Ingle Senior Manager, Project Manager Experience: 11 years Ms. Ingle is a Senior Manager who manages cost allocation plan, user fee, development impact fee, and cost of service engagements. Her experience with the firm also includes participation in operational audit engagements focusing on organization, staffing, and internal processes. Khushboo has completed over 150 cost of service studies. Recent clients include Daly City, Redwood City, Millbrae, San Mateo, Milpitas, Sunnyvale, South San Francisco, Hercules, Los Altos Hills, Livermore, Bay Area Air Quality District, and San Mateo County Resource Conservation District. Her role on this project would be to serve as the Project Manager, involved in leading meetings, developing draft results, and reviewing results. Ms. Ingle is trained in OMB Cost Allocation Guidelines, and she is a CSMFO Member. Lauren Orchard Sr. Consultant, Analyst Experience: 6 years Ms. Orchard is an analyst who has recently joined our firm to assist our senior staff on cost allocation plan, user fee, development impact fee, and cost of service engagements. Prior to joining Matrix Consulting Group, Ms. Orchard has had extensive experience in local government. Most recently she served in the position of Economic Development Director for the City of West Fargo, ND. Her role on this project would be to serve as an Analyst, involved in attending meetings, data input, developing models, and providing support on revenue forecasting. Madison Dixson Consultant, Analyst Experience: 1 year Ms. Dixson is an analyst who assists our senior staff on cost allocation plan, user fee, development impact fee, and cost of service engagements. Ms. Dixson has participated in over 15 cost of service studies. Recent Bay Area clients include Millbrae, Mountain View, and Sunnyvale. Her role on this project would be to serve as an Analyst, involved in attending meetings, data input, and developing models.

Proposal for a Cost Allocation Plan Richmond, CA

Matrix Consulting Group 6
3 Proposed Work Plan The City of Richmond is looking to develop a Full Cost Allocation Plan that will allow them to identify and recover appropriate administrative overhead costs. In addition to developing the Full Cost Plan, the City is also interested in reviewing and evaluating the cost pool allocation for General Liability Insurance and Fringe Benefits for Worker’s Comp – Clerical and Professional. This section of our proposal outlines our proposed work plan and project schedule to achieve these goals. 1 Detailed Scope of Services/Proposed Work Plan The following tasks provide a detailed look at our proposed work plan to develop a Full Cost Allocation Plan and evaluate insurance related internal service funds including a narrative, associated activities, and projected staff time requirements. Task 1 Data Collection Prior to our initial meeting, the Matrix Consulting Group will provide the City with a list of initial data requirements for the study. This will allow our project team to review this information thoroughly in preparation for initial discussions with staff. A common list of data collection items include: • Budgeted expenditures on a department, division, program and line-item basis. • Copy of prior cost allocation plan(s) and supporting documentation. • List of all budgeted personnel by department, division, and program. • Copy of organizational chart. The provision of these items allows our project team to familiarize themselves with the City’s structure and its current cost allocation practices. Deliverable Data Collection List Meetings None Estimated City Support 1-2 hours for Finance / Support Departments Project Timeline Weeks 1-2 Task 2 Study Objectives and Project Schedule Once the data has been collected, the project team will then meet with designated City staff to discuss any issues identified by the project team, as well as to clarify any existing

Proposal for a Cost Allocation Plan Richmond, CA

Matrix Consulting Group 7
concerns held by the City regarding the current cost allocation methodology. Discussions will include: • Review of the City’s specific needs and critical issues surrounding development and implementation of the cost allocation study. • Opportunities for improvement and restructuring of previous studies, and/or review and discussion of existing cost allocation methodologies. • Discussion of the uses of a cost allocation study. At the culmination of the meeting, the project team and the designated City staff will leave with a greater understanding of the overall approach and methodology that will be taken by the project team to develop the Cost Allocation Plan. Deliverable Project Schedule Meetings Kickoff Estimated City Support 1 hour for Finance and Executive Team Project Timeline Weeks 1-2 Task 3 Interview Staff and Gather Allocation Metrics The project team would review the City’s budget and financial structure to identify City departments and services to be allocated. To structure a custom cost allocation model, our project team would perform the following: • Review and discuss the accounting (fund and organizational levels) structure of the City based upon the budgeted expenditures to identify any anomalies from previous years. • Identify and meet specific central services departments to develop allocation bases and ensure that the plan reflects the following aspects: - All current services provided by the Department are identified and documented within the Cost Allocation Plan. - Allocation bases discussed to be utilized are reflective of the current level of effort and most relatable to the service being performed. • Discuss alternative allocations, including outcomes and potential impacts. The points above provide examples of the types of detailed and in-depth discussions that the project team will have with City Departments involved in the cost allocation process.

Proposal for a Cost Allocation Plan Richmond, CA

Matrix Consulting Group 8
At this point in the process, the project team would reach out to each department and ask for specific allocation metrics such as purchase orders, invoices, sq. ft. per facility, etc. Deliverable Allocation Metric Requests from Support Departments Meetings 1 Departmental Support Meeting per Department Estimated City Support 1 hour per City Support Department Project Timeline Weeks 2-4 Task 4 Review Draft Allocation Metrics Based upon units of service identified in Task 3 and the allocation metrics collected, the project team would put together allocation statistic workbooks for review with City staff. The purpose of these workbooks is to review the initial results of the allocation metrics gathered by the project team. This type of detailed review is critical for the development of a defensible cost allocation study. It also ensures that City staff are comfortable with the use of the allocation metrics and the support that those metrics represent. Deliverable Draft Allocation Workbooks Meetings 1 Draft Allocation Meeting per Department Estimated City Support 1 hour per City Support Department Project Timeline Weeks 5-7 Task 5 Structure and Prepare Draft Cost Allocation Plan Once the Central Service departments and administrative functional areas have agreed upon the appropriate allocation metrics for their services; allowable administrative or other indirect costs are allocated to each benefiting City department, operating unit or fund. At this point the project team would ensure that methodologies and assumptions comply with Federal regulations and general accounting principles. During the development of the cost allocation plan, the project team will ensure that any expenses included in the plan are vetted and reviewed with Budget staff as well as incorporate any direct reimbursements. The results of the cost allocation plan will be provided to City staff in numerical format in excel prior to the development of a draft report. Deliverable Draft Cost Allocation (Excel Results) Meetings Draft Results Meeting with Finance Estimated City Support 1 hour for Finance Project Timeline Weeks 6-9

Proposal for a Cost Allocation Plan Richmond, CA

Matrix Consulting Group 9
Task 6 Comparison to Previous Cost Allocation Studies The results of Tasks 4 and 5 will allow the project team to compare the results of the draft Cost Allocation Plan to the results of any previous cost plans, or current administrative calculations. The comparison workbook typically includes the following components: • Comparison of total costs included: This tab compares all the central service expenditures that were included previously compared to the current year. Any significant changes are highlighted, and notes are provided for the difference. • Comparison of total costs allocated: This tab compares by central service the costs that got allocated out to receivers, as depending upon allocated or unallowable costs these can vary from the total costs included. It also provides insight into any potential structural changes and their impact on the plan’s results. • Comparison of receivers: This tab compares by receiving department and / or fund the total cost allocated to them in the prior year’s cost plan compared to this the proposed costs being allocated. Any changes of more than 5% are explained in a notes section including providing numerical references where appropriate. • Detailed summary results: This tab shows in excel format the detailed summary schedule produced by the cost allocation plan, so by central service the total cost allocated to each receiving department for the current year. This flux analysis workbook is an efficient way in which we can review the results of the cost plan with the City. This type of review also minimizes the number of draft reports that are reviewed by staff. Deliverable Comparison of Cost Allocation Results (Excel) Meetings None Estimated City Support 1 hour for Finance Project Timeline Weeks 8-10 Task 7 Final Cost Allocation Study Upon review and approval of the draft cost plan by central service departments and the Finance Department, the project team will finalize the Cost Allocation Plan and report. The final deliverables associated with the Cost Allocation Plan will be: • Cost allocation plan report: including all detailed allocation schedules, cost schedules, summary schedules, and narrative information regarding the central services included.

Proposal for a Cost Allocation Plan Richmond, CA

Matrix Consulting Group 10
• Excel summary schedule: the results of the full cost allocation plan in Excel format for ease of calculations, incorporation into City documents, and review by staff. • Flux analysis: the excel workbook comparison between the City’s current plan and proposed cost plan. • Comparison results memo: a memo summarizing the differences between the City’s current plan and the proposed plan, as well as any recommendations for future updates to the City’s cost plan. These deliverables will allow the City to have clear documentation of the final Cost Plan developed. Deliverable Final Cost Allocation Report Meetings None Estimated City Support None Project Timeline Weeks 10-12 Task 8 Review of Insurance Internal Service Allocations The City currently has two insurance cost pools that are allocated out to departments and funds for reimbursement: General Liability Insurance and Workers Comp – Clerical and Professional. Through this study the City is looking to review and evaluate the following processes: • Budgeted Expenditures: work with City staff to evaluate the costs budgeted in each cost pool and ensure no double counting within either the City’s Full Cost Plan or OMB Cost Plan. • Allocation Methods and Metrics: review current practices for determining how costs should be allocated to benefitting funds and departments. Based upon a thorough review of the City’s current cost pools and practices, recommendations will be provided on where and how each cost pool’s allocation methodology can be improved. Deliverable Memo outlining each cost pool and associated recommendations Meetings 1 – 2 Interviews Estimated City Support 2 -3 hours for Finance, HR, and Risk staff Project Timeline Weeks 8 -12

Proposal for a Cost Allocation Plan Richmond, CA

Matrix Consulting Group 11
Task 9 Presentation of Results The project team would present the results of the analysis to stakeholders, as well as to City Council to discuss the methodology and overall findings of the analysis. The project team would present the findings at up to two (2) meetings. Deliverable Final Report Presentation Meetings 2 Meetings Estimated City Support None Project Timeline Weeks 12+ Task 10 Excel-Based Models The City of Richmond wishes to have the ability to update the final version of the Cost Allocation Study. Our Excel-based models would provide the ability for the City to adapt and continuously update fee study results from year to year as the organization changes. After the final draft of the cost study is approved, at the discretion of City staff, the project team would meet with and train designated City employees on use of the models. Staff will be provided with training that includes: a step-by-step PowerPoint presentation; a User’s Manual which explains key concepts, defines basic terms, includes a customized updated checklist of data that needs to be entered, and discusses different scenario options (e.g., adding new central services, removing receivers, etc.). Deliverable Cost Allocation Model, Backup Documentation, User Guide Meetings Model Training Estimated City Support 2 hours for Training Attendance Project Timeline Weeks 12+ 2 Proposed Project Schedule Studies of this nature typically take approximately 12-16 weeks (3-4 months) to complete. However, the City is requesting a 12-week timeline, with a start date of November 28, 2022, and completion by February 13, 2023. The following table outlines our proposed project schedule on a task-by-task basis to achieve the City’s requested timeline.

Proposal for a Cost Allocation Plan Richmond, CA

Matrix Consulting Group 12
Task Deliverable Week/Date Deliverable/Task Data Collection Weeks 1-2 Data Collection List Study Objectives & Schedule Weeks 1-2 Project Schedule Interview Staff Weeks 2-4 Staff Interviews Review Draft Metrics Weeks 5-7 Allocation Workbook Review Structure Cost Model Weeks 6-9 Excel Cost Model Draft Results Comparison to Prior Study Weeks 8-10 Numerical comparison of results Final Report Weeks 10-12 Final Report Review ISF Allocations Weeks 8-12 Recommendations Memo Presentation Weeks 12+ Presentation of Results to Stakeholders Models Weeks 12+ Cost Models All timelines can be adjusted based upon the City’s schedule and other commitments in agreement with City staff.

Proposal for a Cost Allocation Plan Richmond, CA

Matrix Consulting Group 13
4 Fee Schedule The following chart provides a breakdown of hours by team member and costs for each task area to develop a Cost Allocation Study and Internal Service Charge Review for the City of Richmond. Project Executive Project Manager Analyst Total Cost Data Collection 0 2 4 $850 Study Objectives and Schedule 2 2 0 $820 Interview Staff 0 6 6 $1,830 Review Draft Allocation Metrics 2 6 6 $2,280 Structure Cost Model(s) 2 4 10 $2,390 Comparison to Previous Study 0 2 6 $1,090 Final Full Cost Report 2 4 6 $1,910 ISF Allocation Review 6 14 4 $4,420 Presentation 0 4 6 $1,460 Models 2 4 6 $1,910 Total Hours 14 44 50 Hourly Rate $225 $185 $120 Total Professional Fees $3,150 $8,140 $6,000 $17,290 Total Project Cost $17,290 The Matrix Consulting Group proposes to perform the tasks and services associated with developing a Cost Allocation Study and Internal Service Charge Review for a fixed-price not-to-exceed fee of $17,290. Our typical practice is to bill for hours worked on a monthly basis, with our contracts set up as fixed not-to-exceed price contracts. We are open to billing on a task or deliverable basis as well.

Proposal for a Cost Allocation Plan Richmond, CA

Matrix Consulting Group 14
5 References The following table provides specific references for clients for whom similar services were provided that were managed by our Project Executive and Project Manager. Client Client Contact Project Type Livermore, CA 1052 S. Livermore Ave. Livermore, CA 94550 Bhavna Chaudhary Financial Services Manager (925) 960-4353 [email protected] Full Cost Allocation Plan OMB Cost Allocation Plan Hourly Rates Development Fee Study FY14-15, FY18-19 Pasadena, CA 100 N. Garfield Ave. Pasadena, CA 91101 Maria Torres Management Analyst IV (626) 744-4351 [email protected] Internal Service Fund Review and Templates – Worker’s Comp, Liability, and Benefits Insurance FY 21/22 San Mateo, CA 330 W. 20th Ave. San Mateo, CA 94403 Brian Alexander Management Fellow (650) 522-7209 [email protected] Cost Allocation Plan Development Services Fee Study Development Impact Fee Study FY12-13, FY14-15, FY18-19, FY20-21 We are happy to provide additional references for any past client identified in our proposal upon request.

January 24, 2023

Mayor's Office

DATE: January 24, 2023
TO: Members of the City Council
FROM:

Mayor Eduardo Martinez

Subject:

National Human Trafficking Awareness Month
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

January is National Human Trafficking Awareness Month.

RECOMMENDED ACTION:

PROCLAMATION declaring January 2023 as Human
Trafficking Awareness Month – Office of the Mayor
(Mayor Eduardo Martinez, 510-620-6503)

DOCUMENTS ATTACHED:

Attachment 1 - Proclamation
AGENDA
REPORT

CITY OF RICHMOND, CALIFORNIA

P R O C L A M A T I O N

Proclaiming January 2023 as Human Trafficking Prevention Month in the City of Richmond

WHEREAS, human trafficking is a form of interpersonal violence in which force, fraud or coercion is used to control victims for the purpose of commercial sexual and labor exploitation; that occurs in many industries and affects individuals of all genders, ages, and backgrounds; and

WHEREAS, human trafficking is a lucrative and fast-growing criminal industry which relies upon exploitive and sometimes violent tactics to target vulnerable members of our communities; and

WHEREAS, the crime of human trafficking violates an individual's privacy, dignity, security, and humanity due to the systematic use of physical, emotional, sexual, psychological, and economic exploitation, control, and abuse; and

WHEREAS, the impact of human trafficking is wide-ranging, affecting foreign nationals as well as U.S. citizens, and society as a whole; and though awareness and concern around this industry has grown in recent years, human trafficking is consistently underreported; and

WHEREAS, in 2020, 16,658 human trafficking victims were identified nationwide through reports to the National Human Trafficking Resource Center, and California led all other states in reported cases of human trafficking, accounting for nearly 13% of all such reported cases; and

WHEREAS, the County’s Alliance to End Abuse convened the Contra Costa Human Trafficking Coalition with the aim of strengthening the County’s comprehensive response to human trafficking initiated by county departments, law enforcement agencies, and numerous community- based organizations; and

WHEREAS, the Contra Costa Human Trafficking Task Force, jointly led by Community Violence Solutions and the District Attorney’s Office, strives to proactively identify and provide services to survivors, investigate and prosecute all forms of human trafficking, and build capacity within the Task Force and the communities it serves to respond to and prevent human trafficking using a collaborative approach involving its more than 35 multidisciplinary partners; and

WHEREAS, in Contra Costa County between 2019 and 2021, 108 cases of sex and labor trafficking were investigated, 207 suspected victims of human trafficking were identified, and the District Attorney filed 42 human trafficking cases through the collaborative efforts of partners to the Contra Costa Human Trafficking Task Force; and

WHEREAS, the County of Contra Costa is working to raise awareness of human trafficking with the belief that a more informed public will better understand how their behavior contributes to a patriarchal culture that facilitates and tolerates the systemic abuse of vulnerable populations; and will take action to combat and prevent human trafficking.

NOW, THEREFORE, BE IT RESOLVED that the City of Richmond does hereby proclaim January 2023 as HUMAN TRAFFICKING PREVENTION MONTH, and urges all residents to actively participate in the efforts to both raise awareness of and prevent all forms of human trafficking.

During this month, let us recognize the survivors of trafficking, and let us commit ourselves to building a future in which no person is denied their inherent human rights of freedom and dignity.

Let us make it known that human trafficking has no place in this city, this county, this nation, or this world.

___________________________
Mayor Eduardo Martinez
City of Richmond, California
January 24, 2023

February 1, 2022

Mayor's Office

DATE: January 24, 2022
TO: Members of the City Council
FROM:

Eduardo Martinez, Mayor

Subject:

Black History Month – February 2023
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Observing Black History Month celebrates countless
contributions made by African Americans in all aspects of our country’s fabric, including but not limited to business, education, politics, military, science, and the arts.

RECOMMENDED ACTION:

PROCLAMATION declaring February 2023 as Black
History Month in the City of Richmond – Mayor’s Office
(Mayor Eduardo Martinez 510-620-6503).

DISCUSSION:

In 1926, Carter G. Woodson and the Association for the Study of African American Life and History recognized Black History Week to honor the contributions, achievements, AGENDA
REPORT

February 1, 2022
and involvement of African Americans in the development of the United States. In 1970, black educators and the Black United Students at Kent State University celebrated the first Black History Month, six years before it was celebrated across the country when President Gerald Ford recognized Black History Month during the United States Bicentennial in 1976 where he urged Americans to “honor the too-often neglected accomplishments of Black Americans in every area of endeavor throughout our history.” The Association for the Study of African American Life and History has highlighted “Black Resistance” as the 2023 Black History Month theme and will host a series of virtual programs and events throughout the month. The City of Richmond honors the rich legacy of African Americans who migrated here to work in the shipyards and molded our cultural, economic, and social foundations. The City of Richmond recognizes and honors the resiliency of African Americans who faced generations of racism, discrimination, and unjust working and living conditions and is dedicated to combating racial inequities and institutional racism in order to ensure a just society on the home front of the next greatest generation. The City of Richmond encourages all residents to celebrate the contributions of African Americans in the United States.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation declaring February 2023 as Black History Month in the City of Richmond

CITY OF RICHMOND, CALIFORNIA

P R O C L A M A T I O N

Declaring February 2023 as Black History Month

WHEREAS, in 1926, Carter G. Woodson and the Association for the Study of African American Life and History recognized Black History Week to honor the contributions, achievements, and involvement of African-Americans in the development of the United States; and

WHEREAS, in 1970, black educators and the Black United Students at Kent State University celebrated the first Black History Month, six years before it w as celebrated across the country when President Gerald Ford recognized Black History Month during the United States Bicentennial in 1976 where he urged Americans to “honor the too-often neglected accomplishments of Black Americans in every area of endeavor throughout our history;” and

WHEREAS, the Association for the Study of African American Life and History has highlighted “Black Resistance” as the 2023 Black History Month theme and will host a series of virtual programs and events throughout the month; and

WHEREAS, observing Black History Month celebrates countles s contributions made by African Americans in all aspects of our country’s fabric, including but not limited to business, education, politics, military, science, and the arts; and

WHEREAS, the City of Richmond honors the rich legacy of African Americans who migrated here to work in the shipyards and molded our cultural, economic, and social foundations; and

WHEREAS, the City of Richmond recognizes and honors the resiliency of African Americans who faced generations of racism, discrimination, and unjus t working and living conditions and is dedicated to combating racial inequities and institutional racism in order to ensure a just society on the home front of the next greatest generation.

NOW, THEREFORE BE IT RESOLVED , that the Richmond City Council do es hereby declare February 2023 as Black History Month in the City of Richmond and encourages all residents to celebrate the contributions of African Americans in the United States.

___________________________
Mayor Eduardo Martinez
City of Richmond, California
January 24, 2023

January 24, 2023

Mayor's Office

DATE: January 24, 2023
TO: Members of the City Council
FROM:

Eduardo Martinez, Mayor

Subject: 2023 Appointments to Committees and Liaison Positions FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The Mayor is required to appoint Councilmembers to
Regional Committees, Ad Hoc
Committees and Liaison positions to City Boards and
Commissions.

RECOMMENDED ACTION:

APPROVE appointments for the Mayor and
Councilmembers to Regional Committees,
Ad-Hoc Committees and Liaison Positions for the year of 2023 - Mayor’s Office (Mayor Eduardo Martinez 510-620-
6503).

DISCUSSION:

At the beginning of every calendar year, the Mayor updates the list of City Councilmember appointments to Regional Committees, Ad Hoc Committees and Liaison positions for City Boards, Commissions and Committees. Attached is a full list of recommended appointments to be ratified by the City Council.

DOCUMENTS ATTACHED:

Attachment 1 – 2023 Appointments to Committees and Liaison Positions AGENDA
REPORT

2023 Appointments to Regional Committees, Ad Hoc Committees andLiaison PositionsCouncil Appointments 1/24/2023, City Council Meeting – Item (to be determined) Mayor:Eduardo MartinezVice Mayor:Gayle McLaughlinCouncilmembers:Claudia Jimenez, Melvin Willis, DoriaRobinson, Soheila Bana, Cesar Zepeda Boards, Commissions and Committee Liaisons:

Arts and Culture Commission:Bana
Citizens Police Review Commission:Jimenez
Commission on Aging:McLaughlin
Design Review Board:Martinez
Economic Development Commission:Zepeda
Historic Preservation Commission:Willis
Housing Advisory Commission:Zepeda
Human Rights and Human RelationsCommission:Bana
Library Commission:McLaughlin
Personnel Board: Willis
Planning Commission:Jimenez
Public Art Advisory Committee:Robinson
Recreation and Parks Commission:Jimenez
Richmond-Shimada FriendshipCommission:Zepeda
Richmond-Zhoushan FriendshipCommission:Martinez
Richmond-Regla Friendship Committee:McLaughlin
Richmond Youth Council:Martinez
Urban Forest Advisory Committee:Robinson
Workforce Development Board:Martinez
Liaison positions DO NOT necessitate attending any or all the meetings.

City of Richmond Ad Hoc Committees
NURVE Policy Ad Hoc CommitteeMembers:RobinsonAlternate:Jimenez ECIA Environmental and Community Investment Ad Hoc Committee

Members:Bana, Zepeda, WillisAlternate:Robinson
Regional Committees
West Contra Costa Integrated Waste Management Authority (RecycleMore)Members:RobinsonAlternate:McLaughlin West County Agency(JPA between the City of Richmond and the West County Wastewater District)Members:ZepedaAlternate:Bana Association of Bay Area Governments (ABAG) RepresentativeMembers:JimenezAlternate:Martinez East Bay Regional ParksMembers:McLaughlin, MartinezAlternate: Jimenez Gilman Street Sport ComplexMembers:BanaAlternate:Willis League of CA Cities East Bay DivisionMembers:ZepedaAlternate:Bana League of CA Cities Voting RepresentativeMembers:MartinezAlternate:Zepeda MCE Clean Energy RepresentativeMembers:MartinezAlternate:McLaughlin North Richmond Mitigation Fee Joint CommitteeMembers:RobinsonAlternate:Willis West Contra Costa Transportation Advisory Committee (WCCTAC)Members:Bana, ZepedaAlternate:Jimenez

West Contra Costa Unified School District Liaison (WCCUSD)Members:Martinez, Jimenez, Robinson

January 24, 2023

City Council

DATE: January 24, 2023
TO: Members of the City Council
FROM:

Mayor Martinez

SUBJECT:

Electric Vehicle Fleet
FINANCIAL IMPACT: There is no cost related to this informational item. If the City Council wishes to proceed with a transition to electric vehicles, the financial impact will include the cost of the vehicles minus the rebates offered.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The City Council has expressed interest in transitioning to an electric vehicle fleet. The current fleet of vehicles is down by more than a dozen vehicles. As the City
positions itself to replace vehicles, it would be helpful to receive information on the benefits of an electric fleet.

RECOMMENDED ACTION:

RECEIVE a written report from MOTIV PS on the
benefits of transitioning to an electric fleet – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503). This
item was continued from the November 22,
2022, December 6, 2022, and December 20, 2022,
meetings.

DISCUSSION:

AGENDA
REPORT

January 24, 2023
The City is in the process of repairing and replacing vehicles to replenish the fleet.

Through the California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project, the City has requested over $900k in rebates to replace over one dozen vehicles that are out of commission. The City Council has expressed interest in transitioning to all electric vehicles. Per the request of Mayor Martinez, MOTIV PS has been requested to provide a presentation to the City Council on the benefits of said transition.

California’s Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project (HVIP) plays a crucial role in the deployment of zero-emission and near-zero-emission technologies. HVIP accelerates commercialization by providing point-of-sale vouchers to make advanced vehicles more affordable. Launched by the California Air Resources Board in 2009, the project is part of California Climate Investments. HVIP is the earliest model in the U.S. to demonstrate the function, flexibility, and effectiveness of first-come, first-served incentives that reduce the incremental cost of commercial vehicles.

https://californiahvip.org/

DOCUMENTS ATTACHED:

None

1 © 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential Click to edit Master title style
City of Richmond City
Council Meeting
November 22, 2022
Andrew Gibbs
[email protected]
650 730 0274

2 © 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential

3 © 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential 3© 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential

ATTENDEES/ PRESENTERS
 The Ford Store – Morgan Hill
• Mark Wexler – Commercial Vehicle & Fleet Sales Director  Motiv Power Systems
• Gary Schmidt – SVP Sales and Marketing
• Matt Hultman – Director Channel Sales
• Andrew Gibbs – National Account Manager
• Jacob Panachaveettil – Sales Engineer

4 © 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential 4© 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential • Headquartered in Silicon Valley, CA
• Electronics manufacturing in Hayward, CA
• Pre-delivery and service center in Stockton, CA
• Applications and manufacturing center near
Detroit, MI
• Chassis electrification in Indiana and Michigan
Motiv is a decade-plus innovator of medium-duty electric trucks and buses designed to power the backbone of modern commerce. We deliver all-electric vehicles for a wide variety of medium duty applications. We utilize our proprietary Adapt EV software, patented power electronics, and industry- leading truck and bus body partners for the commercial EV market.

HOW MOTIV IS FREEING FLEETS FROM FOSSIL FUELS

5 © 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential WHY GO ELECTRIC?

6 © 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential 6 WHY MOTIV:

YOUR PATHWAY TO ELECTRIFICATION

HIGHEST-TOUCH

CUSTOMER SUPPORT
Dedicated support for
infrastructure and depot
electrification planning, vehicle
procurement, and driver and
maintenance training for
post-deployment success.

ROAD TESTED, PROVEN,
& RELIABLE

1.7 M real-world miles with
98% uptime across diverse
medium-duty truck and bus
applications deployed in
North America.

COMPLETE

ENERGY SOLUTION
Electrification beyond
vehicles, including charge
stations, turnkey installation,
financing, and more.

7 © 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential Driver Training

YOUR PATHWAY TO

ELECTRIFICATION
Project
Planning
Project
Execution
Customer
Support
Securing
Infrastructure
Incentives
Assistance

COMMITTED TO YOUR SUCCESS

8 © 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential Reducing tailpipe
emissions
by over

2.1+
70 3.4
150 150

MILLION
customer
driven miles
Over

MILLION
Proven
performance:

MILLION pounds

DELIVERY
STOPS
per day
Single-charge range
with 3-ton payload:

MILES
pounds of
deliveries
Electrifying the Backbone of Modern Commerce
Motiv Power Systems

9 © 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential 9

10 © 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential 10 MEETING EV NEEDS FOR MEDIUM-DUTY

TRUCK & BUS FLEETS
EPIC6
19,501 – 26,000 lbs
EPIC4
14,001 – 16,000 lbs
EPIC5
16,001 – 19,500 lbs
Motiv Product
Vehicle Application
Step Van
176”
14,500 lbs
Type A
158”
14,500 lbs
Box Truck
158”, 176”, 190”
14,500 lbs
Work Truck
158”, 176”, 190”
14,500 lbs
Shuttle Bus
158”, 176”, 190”
14,500 lbs
Step Van
208”
19,500 lbs
Step Van
178”, 208”
22,000 lbs

11 © 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential Motiv’s Epic E-450 Upfit Options

12 © 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential MOTIV’S EPIC E-450
Battery
Motor
Control
Assembly
Charge Plug

13 © 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential 13

VEHICLE APPLICATIONS AND BODY PARTNERS
EPIC6
19,501 – 26,000 lbs
EPIC4
14,001 – 16,000 lbs
EPIC5
16,001 – 19,500 lbs

14 © 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential 14© 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential

CUSTOMER SUCCESS STORIES

ARAMARK
• 31 step vans deployed across 5 depots
• > 530,000 miles
• 30 additional trucks for delivery in 2022

GOOGLE/MOUNTAIN VIEW
• 6 shuttles deployed in 2015-16
• > 580,000 miles
• Longest running Motiv fleet, still in daily
operation

TYPE A SCHOOL BUSES
• 25 buses deployed across school
districts in CA, CT, AZ, and NY
• > 195,000 miles
ALSCO
• 4 vehicles deployed in 2021,
2 are in USA’s first zero-emission
delivery zone
• > 36,000 miles

PUROLATOR
• 5 step vans deployed in 2021
• > 31,000 miles, > 99% uptime

BIMBO BAKERIES
• 28 step vans deployed across 5 depots
in CA, PA, and NY
• > 85,000 miles
• 30 in production for 2022, 30 on order
for 2023 delivery

15 © 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential PLANNING: CHARGING INFRASTRUCTURE

1. Plan for infrastructure in tandem with your vehicle
purchase. Do not wait until there are only weeks
before deployment.

2. Talk to your electric vehicle OEM, power utility, and local Clean Cities Coalition about infrastructure
funding programs.

3. Learn about electric vehicle charging and
infrastructure requirements.

16 © 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential California Hybrid & Zero Emission Truck & Bus Voucher
Incentive Program (HVIP)
Agencies: CARB, CALSTART, Tetra Tech
Funding Type: Voucher Reimbursement
Program Status: First-Come, First-Served basis.

Vehicle Weight Class Base voucher Amount
Class 4-5 (14,001 – 19,500 lbs GVWR) $60,000 per Vehicle Class 6-7 (19,501 – 26,000 lbs GVWR) $85,000 per Vehicle $38 Million available as of November 14, 2022
Voucher Amounts

17 © 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential 17© 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential HVIP Funding & Approval Process
 * We have worked diligently to apply for HVIP funding since March 2022
 * We have achieved “Funding Set Aside” status at this point  $60,000 x 14 units E450 = $840,000
 * Funding is NOT officially approved until Richmond finalizes the order with a PO.

18 © 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential 18 TCO Analysis
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
0 1 2 3 4 5 6 7 8 9 10
Cost
Years
Total Cost of Ownership Analysis
ICE Vehicle VS. Battery Electric Vehicle
ICE Vehicle Battery Electric Vehicle
High Level
Comparison Values ICE Vehicle Battery EV Savings
Avg Annual Fuel Cost $18,490 $3,170 $15,319
Avg Maintenance Cost $4,490 $1,796 $2694
Total Cost of Ownership $314,798 $196,672 $118,126
Payback Period ~4-5 years
• ~ 38% Saving, using an BEV over ICE, over 10 years
• ~ 60% Maintenance savings
• ~ 82% Fuel savings

ASSUMPTIONS
Comparable ICE Vehicle Price $85,000 EV Purchase Price - Before Incentives $210,000 ICE Efficiency (mpg) 10 EV Incentives $60,000
ICE Fuel Price ($/gal) $6.00 EV Price - After Incentives $150,000 Electricity Price ($/kWh) $0.15 Miles per Day 80
Operating Lifetime (years) 10 In-Use Days per Year 250

19 © 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential

CUSTOMER SERVICE/ WARRANTY
Headquarters & Service Center
Foster City, CA
Manufacturing/ Warehouse
Hayward, CA
Service Center
Stockton, CA
Vehicle Warranty Coverage
Traction battery 5 years or 100,000 miles
All other powertrain
components
3 years or 50,000 miles
HVAC (Battery & Cabin) 5 years or 100,000 miles
Chassis Warranty Ford Warranty – Pass Thru
Each vehicle has a diagnostic computer,
collecting vehicle/ performance data.
80% of field issues can be remotely
diagnosed and fixed.

Typically less than 24 hrs. for technicians
to be on-site, in the unlikely event of parts
swap or repairs.

20 © 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential 20© 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential

NEXT STEPS
• We are deeply committed and invested with hundreds of hours into this project with the City of Richmond
• We need a “Go” or “No-Go” decision on if the City intends to move forward
• THANK YOU FOR YOUR TIME AND SUPPORT IN THIS EV PROJECT!

21 © 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential© 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential

MOUNTAIN VIEW/

GOOGLE COMMUNITY

SHUTTLES

CHASSIS
• Built on EPIC4 with 127 kWh
FLEET
• 4 shuttles deployed in 2015, 2 more in 2016

PROOF OF PERFORMANCE
• 13-mile loop, 30 stops, 5-6 routes per day per vehicle, 65-85 miles per day
• > 580,000 miles, > 18,000 routes, > 850,000 passengers • Extremely positive feedback from Mountain View
residents, continue to use buses beyond designed
project life
• > 458 metric tons of tailpipe emissions reduced
Case Study

22 © 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential© 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential

SACRAMENTO AREA

SCHOOL DISTRICTS
(TYPE A SCHOOL BUSES)
Case Study

CHASSIS
• Built on EPIC4 with 106 kWh
FLEET
• 11 buses deployed in 2018

PROOF OF PERFORMANCE
• Routes range from 45-75 miles
• Motiv provided driver training and mechanic
training to maximize performance and reliability
• > 126,000 miles
• > 102 metric tons of tailpipe emissions reduced

23 © 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential EPIC4 TRUCKS OPTIONS
Chassis EPIC4
Battery Technology Lithium-Ion
Battery Capacity 127 kWh
Real World Range 105 miles
Level 2 Charging 19.2 kW / J1772
Level 3 Charging 60 kW / CCS
Regenerative Braking
Multiple levels, driver
selectable based on
preference/comfort
Hill Hold Yes
Wheelbase Options 158” to 190”

24 © 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential 8 KEY CONSIDERATIONS FOR GOING ELECTRIC
Charging
Infrastructure
Compliance
Driver Training
& Vehicle Support
Incentives
Return on
Investment
Routes & Usage
Patterns
Sustainability
Goals
Vehicle
Performance

BUILDING THE FLEET

OF THE FUTURE

25 © 2022 | Motiv Power Systems Inc.® | Proprietary & Confidential Click to edit Master title style
25 THANK YOU
© 2021 | Motiv Power Systems Inc.® | Proprietary & Confidential Andrew Gibbs
National Account Manager
Motiv Power Systems
[email protected]

January 24, 2023

Public Works

DATE: January 24, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Daniel Chavarria, Director of Public Works
Yader A. Bermudez, Project Manager

Subject:

I-80 Central Avenue Interchange Improvements Phase II
project
FINANCIAL IMPACT: Additional funding for right-of-way acquisition will be funded by $5.9 million in Federal RIP (STIP) and
$600,000 in Local Measure J Funds

PREVIOUS COUNCIL
ACTION:

July 11, 2017: I-80, Approved Contra Costa County
agreement for real property right of way services in the amount of $50,000 for the I-80/Central Avenue
Interchange, Phase 2, project.

STATEMENT OF THE
ISSUE:

City staff is seeking City Council approval of a first
amendment to the existing Contra Costa County
agreement for real property right-of-way services. In
addition, City staff is requesting approval of the Final Project Initial Study and Mitigated Negative Declaration (“MND”) and associated Mitigation Monitoring and
Reporting Plan (MMRP).

RECOMMENDED ACTION:

ADOPT a resolution approving the Central Avenue at
Interstate 80 Local Road Improvement Project Initial
Study and Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Plan (MMRP), and
authorizing the City Manager to execute a first
amendment to the Contra Costa County agreement for
real property right of way services, in the amount of
$1,000,000, for a new total amount of $1,050,000 –
Public Works (Daniel Chavarria 510-620-5478).

AGENDA
REPORT

January 24, 2023
DISCUSSION:

Central Avenue serves as the primary connection between the El Cerrito Plaza BART station and the Interstate 80 (I-80) and Interstate 580 (I-580) freeways. It also serves as an important east-west route between commercial areas and local neighborhoods. The four closely spaced signalized intersections along Central Avenue between Jacuzzi Street and Pierce Street lack sufficient vehicle storage capacity, resulting in poor intersection operations and heavy congestion during peak travel times, especially on weekends.

The goal of the I-80/Central Avenue Interchange Improvements Project is to improve overall traffic operations at the I-80/Central Avenue interchange and along Central Avenue between Rydin Road and San Pablo Avenue. The project will be completed in two phases. The first phase would redirect left turns from westbound Central Avenue onto I-80 westbound to the adjacent I-580 eastbound on-ramp at Rydin Road during weekend peak hours, and would install traffic signals at the I-580 ramps (completed).

The second phase, which is led by the City of Richmond, would increase the spacing between the signalized intersections east of I-80 by connecting Pierce Street and San Mateo Street, converting Pierce Street access at Central Avenue to “right-in, right-out,” and relocating the traffic signal at Pierce Street/Central Avenue to the San Mateo Street/Central Avenue intersection.

This I-80/Central Avenue Interchange Phase 2 project is a large and complex project that requires real property right-of-way services assistance from the County of Contra Costa through all the phases of the project development process as described in the real property services agreement:

Central Avenue at I-80 Local Road Improvement Budget

County services will be related to the acquisition of necessary property interests, for City’s above-described project. County charges for services under this agreement will be allocated according to the following budget:

January 24, 2023
ADMINISTRATION $335,000
APPRAISAL SUPPORT $90,000
NEGOTIATIONS/ACQUISITION $253,000
CONDEMNATION SUPPORT $120,000
APPRAISAL CONSULTANT $200,000
SUB-TOTAL $998,000
Rounded $1,000,000
TOTAL BUDGET FOR THE PROJECT: $50,000 (original budget) $1,000,000 (Amendment 1 budget)
$1,050,000

Environmental Review

The Interstate 80/Central Avenue Interchange Improvements Project is subject to the California Environmental Quality Act (CEQA), and the State CEQA Guidelines (Public Resources Code section 21080). Pursuant to the provisions of the State CEQA Guidelines, an Initial Study was prepared for the project. Based on the analysis in the Initial Study, the Community Development Director determined that potentially significant effects of the project could be lessened through specified mitigations, and subsequently, a draft Initial Study/Mitigated Negative Declaration (IS/MND) was prepared. On November 7, 2022, a Notice of Intent to Adopt a Mitigated Negative Declaration (NOI) was distributed to the public for a 30-day review, in accordance with CEQA Guidelines section 15105(b). The Final IS/MND containing the City’s responses to comments received during the 30-day review period and Mitigation Monitoring and Reporting Plan (MMRP) is provided in Exhibit A to Attachment 3. The Draft IS/MND, including the full environmental analysis for the project, is provided in Exhibit B to Attachment 3.

Prior to amending the Contra Costa County agreement for real property right-of-way services in the amount of $1,000,000 for the I-80/Central Avenue Interchange, the City Council must consider the IS/MND together with any comments received during the public review process. The City Council may adopt the IS/MND only if it finds on the basis of the whole record before it that there is no substantial evidence that the project will have a significant effect on the environment and that the IS/MND reflects the lead agency’s independent judgment and analysis.

January 24, 2023
DOCUMENTS ATTACHED:

Attachment 1 – Original Real Property Service Agreement Attachment 2 – Amendment #1 to the Real Property Service Agreement Attachment 3 – RESOLUTION
Exhibit A: Final IS/MND with MMRP
Exhibit B: Draft IS/MND

1 REAL PROPERTY SERVICES AGREEMENT
AMENDMENT NO. 1

1. Effective Date and Parties . Effective on February 28, 2023, the COUNTY OF CONTRA CO STA, a political subdivision of the State of California (hereinafter referred to as "County"), and the CITY OF RICHMOND , a municipal corporation (hereinafter referred to as " City"), hereby amend the Real Property Services Agreement entered into by the parties (effective July 18, 2017) (“Agreement”) as follows:

2. Payment Limit Increases. The payment limit of the above-described Agreement is hereby increased by $1,000,000, from $50,000 to a new total payment limit of $1,050,000.00. This increase is based on Appendix “A” and Attachment 1, attached hereto.

3. Appendix “A”. Effective as of the date of Amendment No. 1, Appendix “A” to the above-described Agreement is replaced in its entirety with Appendix “A” of this Amendment.

4. Attachment 1. Effective as of the date of Amendment No. 1, Attachme nt 1 is added to the above-described Agreement, as attached hereto.

COUNTY OF CONTRA COSTA CITY OF RICHMOND

By _____________________________ By _____________________________ John Gioia
Chair, Board of Supervisors Attested By:

________________________________
City Clerk

Recommended for Approval: Recommended to City Council for Approval:

By _____________________________ By _________________________ Brian M. Balbas City Engineer
Public Works Director

By _____________________________
Jessica L. Dillingham
Principal Real Property Agent

APPROVED AS TO FORM
THOMAS L. GEIGER, CHIEF ASSISTANT COUNTY COUNSEL

By:

Deputy County Counsel

2 APPENDIX “A ”
Pay Rate Schedule

City of Richmond (CITY) shall reimburse the COUNTY for labor costs as detailed below:

1. COUNTY direct labor rates shall include the base sa lary wages paid to personnel plus fringe benefits. Total labor rate shall include di rect labor rate multiplied by County's overhead rate. The total labor rate shall not exceed the range of labor rates by classification, included as Attachment 1.

2. COUNTY’s overhead rate shall be a summation of division and department overhead rates. Appropriate overhead rates for COUNTY shall be developed based on procedure previously approved as described below:

In general, the division overhead rates are determined by identifying each division's total expenditures after adjustments less any non-labor generated revenue. The division expenditures are then divi ded by the productive hours for the division establishing the overhead rate needed to cover the remaining net cost of division expenditures. The department overhead rates are determined similar to the division rate by dividing the total department expenditures by the total billable hours. Each year overhead rates will be evaluated and adjusted to reflect the actual costs from the previous fiscal year.

3. COUNTY may adjust both labor rates and overhead rates periodically due to contracted salary increases and overhead rate changes. COUNTY shall submit any changes to rates to CITY prior to invoicing.

3 ATTACHMENT 1 (Amendment 1)

Project: Central Avenue at I-80 Local Road Improvement

A. Budget.

County’s Services will be related to the acquisition of necessary property interests, for CITY’s above -described Project. County’s charges fo r services under this Agreement will be allocated according to the following budget:

ADMINISTRATION $335,000
APPRAISAL SUPPORT $ 90,000
NEGOTIATIONS/ACQUISITION $253,000
CONDEMNATION SUPPORT $120,000
APPRAISAL CONSULTANT $200,000
$998,000
Rounded $1,000,000

TOTAL BUDGET FOR THE PROJECT: $ 50,000 (original budget) $1,000,000 (Amendment 1 budget)
$1,050,000

B. Charge-Out Rates.

County will charge CITY for Services under this Agreement at the follo wing hourly rates:

REAL PROPERTY STAFF HOURLY CHARGE OUT RATE

Principal Real Property Agent

$ 207 to $ 292
Supervising Real Property Agent

$ 172 to $ 242
Senior Real Property Agent

$ 153 to $ 221
Associate Real Property Agent

$ 138 to $ 203
Assistant Real Property Agent

$ 117 to $ 165
Senior Real Property Technical Assistant $ 110 to $ 154 Real Property Technical Assistant

$ 94 to $ 138

AB:

G:\realprop\City of Richmond Central Ave at I-80\01.2023 update\CCCo - City of Richmond Amendment No 1.doc

ATTACHMENT 1

RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND

APPROVING THE CENTRAL AVENUE
AT INTERSTATE 80 (I-80) LOCAL ROAD IMPROVEMENT PROJECT INITIAL

STUDY AND MITIGATED NEGATIVE DECLARATION AND ASSOCIATED

MITIGATION MONITORING AND REPORTING PLAN (MMRP) AND

AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO

REAL PROPERTY SERVICES AGREEMENT WITH THE COUNTY OF CONTRA

COSTA FOR REAL PROPERTY RIGHT OF WAY SERVICES FOR THE CENTRAL AVENUE AT I-80 LOCAL ROAD IMPROVEMENT PROJECT TO INCREASE THE AGREEMENT IN AN AMOUNT OF $1,000,000 FOR A TOTAL AMOUNT OF $1,050,000.

WHEREAS, in November 2004, Contra Costa County voters approved Measure J with a 71% vote. The measure provided for the continuation of our county's half-cent transportation sales tax for 25 more years beyond the original expiration date of 2009 and the tax revenues will be used to fund a voter-approved Expenditure Plan of transportation programs and projects; and

WHEREAS, the 2016 Measure J Strategic Plan is the fifth update out of twelve expected over of the life of Measure J. It will provide firm commitments of Measure J funding for specific projects through June 30, 2021, and the I-80 Central Interchange Phase 2 project (“Project”) is included in the Measure J expenditure plan for Capital Projects; and

WHEREAS, a City Council resolution authorizing the city manager to execute Amendment #1 to the Real Property Services Agreement with the County of Contra Costa for Real Property Right of Way Services for the construction of the Central Avenue at Interstate 80 (I-80) Local Road Improvement Project is needed to increase the agreement in an amount of $1,000,000 for a total of $1,050,000; and

WHEREAS, in November 2022, the City of Richmond, as lead agency under the California Environmental Quality Act (“CEQA”), prepared a draft Initial Study/Mitigated Negative Declaration (“IS/MND”) for the project titled the Central Avenue at Interstate 80 (I- 80) Local Road Improvement Project (Exhibit B). The IS/MND describes the proposed project and provides an assessment of the project’s potential significant adverse impacts on the environment. The IS/MND concludes that the proposed project will not have any significant effects on the environment after implementation of mitigation measures and best management practices; and

WHEREAS, pursuant to Section 15085 of the CEQA Guidelines, the City of Richmond submitted a Notice of Completion (“NOC”) for the proposed IS/MND to the California State Clearinghouse (“SCH”) on November 8, 2022. In accordance with Section 15105(b) CEQA Guidelines, the public review and comment period began on November 8, 2022, and ended on December 8, 2022; and

ATTACHMENT 1

WHEREAS, the IS/MND included a Mitigation Monitoring and Reporting Plan (Section 5 of Exhibit A) which addresses the potential impacts of the proposed project. The IS/MND identified potential impacts in the areas of Biological Resources, Cultural Resources/Tribal Cultural Resources, Geology, Hazardous Materials and Noise. Mitigation measures were adopted to ensure that these potential impacts are avoided or reduced to less- than-significant levels; and

WHEREAS, the City of Richmond received three comment letters on the draft IS/MND and has prepared responses to comments (Exhibit A, Section 2). This document and the Draft IS/MND comprises the Final IS/MND recommended for adoption (Exhibit A); and

WHEREAS, on January 24, 2023, the Richmond City Council held a public meeting to consider adoption of the Final IS/MND and authorization to execute a real property agreement with the County of Contra Costa for the proposed project.

NOW, THEREFORE, BE IT RESOLVED that, after hearing all interested persons and considering all relevant evidence, the Council finds and determines as follows:

1. The Final IS/MND (Exhibit A), consisting of the Draft IS/MND and the Responses to Comments document, and the MMRP (Section 5 of Exhibit A), have been completed in accordance with the requirements of the CEQA, and the State CEQA Guidelines (14 Cal. Code Regs Section 15000 et.seq);

2. The Final IS/MND for the Project was prepared, published, circulated and reviewed in accordance with the requirements of CEQA, and the State CEQA Guidelines, and constitutes an adequate, accurate, objective, and complete IS/MND in accordance with the requirement of CEQA statutes and the State CEQA Guidelines;

3. The Final IS/MND for the Project has been reviewed and found adequate by the City Council prior to authorizing the initiation of the bidding process for the work, and the Final IS/MND reflects the independent judgment and analysis of the City; and

4. The Final IS/MND for the Project identifies potentially significant effects on the environment; however, revisions to the Project and incorporation of the mitigation measures in the Project will reduce any and all significant adverse environmental impacts to a less-than-significant level. There is no substantial evidence in the record that the resulting Project, in light of the whole record before the City Council, will have a significant effect on the environment.

NOW, THEREFORE, BE IT RESOLVED, that the City Council finds the above recitals are true and correct.

BE IT FURTHER RESOLVED, that this Resolution approves the Final IS/MND and associated MMRP and authorizes the city manager or their designee to execute Amendment #1 to the Real Property Services Agreement with the County of Contra Costa for Real

ATTACHMENT 1

Property Right of Way Services for the construction of the Central Avenue at Interstate 80 (I- 80) Local Road Improvement Project in an amount of $1,000,000 for a total amount of $1,050,000.

Exhibit A: Final IS/MND with MMRP
Exhibit B: Draft IS/MND

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

I certify that the foregoing Resolution was passed and adopted by the City Council of the City of Richmond at a meeting of the City Council held on January 24, 2023 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

______________________________
City Clerk

Approved:

_____________________________
Mayor

Approved as to Form:

_____________________________
City Attorney

Final Initial Study/Mitigated Negative Declaration

Central Avenue at Interstate 80 (I-80) Local
Road Improvement Project
Richmond, CA

January 2023

This Page Intentionally Left Blank

Central Avenue at Interstate 80 (I-80) Local Road
Improvement Project
January 2023
Final Initial Study/Mitigated Negative Declaration

Prepared for:

City of Richmond

Engineering Services Department
450 Civic Center Plaza
Richmond, CA 94804
Contact:

Lina Velasco
Community Development Director
Planning Division
(510) 620-6841
[email protected]

Prepared by:

501 Canal Blvd, Suite I
Pt. Richmond, CA 94804

Contact:

Gail M. Ervin, Ph.D.

Consulting Principal
(510) 215-3620
[email protected]
f !NCE
Engineering & Environmental Services www.ncenet.com

If you need this document presented in an alternative format, please contact:

Lina Velasco
(510) 620-6841
[email protected]

This Page Intentionally Left Blank

CENTRAL AVENUE AT INTERSTATE 80 (I-80) LOCAL ROAD IMPROVEMENT PROJECT

TABLE OF CONTENTS RICHMOND, CA
FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION JANUARY 2023 Page | i
Table of Contents
Section 1 Introduction ............................................................................. 1

1.1 CEQA Process ................................................................................. 1 Section 2 Comments on the Draft IS/MND and Responses ....................... 2

2.1 Introduction ................................................................................... 2

2.2 Public Comments on the Draft IS/MND ............................................... 2 Comment 1: Mark Leong, 12/13/2022 ................................................ 2 Response to Comment 1 .................................................................. 3 Comment 2: Aidin Amiri, 12/13/2022 ................................................. 4 Response to Comment 2 .................................................................. 4 Comment 3: East Bay Municipal Utility Management District (EBMUD), 12/13/2022 .................................................................................... 5 Response to Comment 3 .................................................................. 9

Attachment A: Revised Conceptual Site Plan
Attachment B: Public Review Draft Initial Study/Mitigated Negative Declaration

CENTRAL AVENUE AT INTERSTATE 80 (I-80) LOCAL ROAD IMPROVEMENT PROJECT

INTRODUCTION RICHMOND, CA
FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION JANUARY 2023 Page | 1
Section 1 Introduction

1.1 CEQA PROCESS
Pursuant to Section 15085 of the California Environmental Quality Act (CEQA) Guidelines, the City of Richmond submitted a Notice of Completion for the proposed Central Avenue at Interstate I-80 Local Road Improvement Project (Project), Public Review Draft Initial Study/Mitigated Negative Declaration (IS/MND), to the California State Clearinghouse on 11/08/2022. Also, pursuant to Section 15072 of the CEQA Guidelines, the City of Richmond posted a Notice of Intent to Adopt (NOI) the proposed MND. In accordance with Section 15105(b) of the CEQA Guidelines, the public review and comment period began on 11/08/2022, and ended on 12/09/2022. In response to the publication of the IS/MND for public review, public comments have been received. These comments are discussed in this document and the original letters are available for public review at:

City of Richmond
Engineering Services Department
450 Civic Center Plaza
Richmond, CA 94804

This document incorporates comments from the general public and interested agencies and contains responses by the Lead Agency to those comments. No new significant environmental impacts were identified, and no revisions are required for the Draft IS/MND.

CENTRAL AVENUE AT INTERSTATE 80 (I-80) LOCAL ROAD IMPROVEMENT PROJECT

COMMENTS ON THE DRAFT IS/MND AND RESPONSES RICHMOND, CA FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION JANUARY 2023 Page | 2
Section 2 Comments on the Draft IS/MND and Responses

2.1 INTRODUCTION
This section includes transcriptions of the comments received during the public review period on the Draft IS/MND and responses to those comments. The comments and responses plus the Public Review Draft IS/MND comprise the Final IS/MND.

2.2 PUBLIC COMMENTS ON THE DRAFT IS/MND
The following comments on the project were submitted via email. Transcribed comments are shown in italics. Full, technical responses to the comments received are provided below, followed by responses to each comment. Comments and responses are in order by date received.

Comment 1: Mark Leong, 12/13/2022
Dear Lina Velasco:

Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for this project. We are committed to ensuring that impacts to the State’s multimodal transportation system and to our natural environment are identified and mitigated to support a safe, sustainable, integrated and efficient transportation system. The following comments are based on our review of the November 2020 MND.

Project Understanding
The project is intended improve traffic operations and increase spacing between signalized intersections east of I-80 on Central Avenue. The project objectives would be accomplished primarily by relocating traffic signals from Pierce Street at Central Avenue to San Mateo Street at Central Avenue; converting Pierce Street at Central Avenue to "right in, right out" access; and extending San Mateo Street to connect with Pierce Street.

Signage
Figure 2- Project Conceptual Layout- where stop bars are shown, Caltrans recommends that stop signs be installed. Refer to attached.

Multimodal Transportation
Although outside of Caltrans’ right of way, Caltrans recommends the following:
• Consider incorporating two-stage left turn bike boxes at signalized intersections such as Central Ave/San Mateo Street. Turn boxes help facilitate left turns for bicyclists who would otherwise have to maneuver

CENTRAL AVENUE AT INTERSTATE 80 (I-80) LOCAL ROAD IMPROVEMENT PROJECT

COMMENTS ON THE DRAFT IS/MND AND RESPONSES RICHMOND, CA FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION JANUARY 2023 Page | 3
through multiple vehicle travel lanes to turn left and are thereby positioned far from the protection of the curb. Please note that any right turns on red conflicting with such placement of two-stage turn boxes would need to be prohibited. Refer to FHWA’s Interim Approval 20 for more information; • A strong preference is for bicycle facilities that are Class I, Class II, buffered Class II, or Class IV, rather than Class III markings as currently proposed.

Consider replacing the Class III markings currently proposed with Class II bike lanes wherever adequate space exists within this road improvement project;
• A strong preference is for intersections to be marked with crosswalks at every leg. Consider adding the northern crosswalk at the San Mateo St/Pierce Street intersection, which is currently missing.

Thank you again for including Caltrans in the environmental review process. Should you have any questions regarding this letter, or for future notifications and requests for review of new projects, please email [email protected].

Sincerely,

MARK LEONG
District Branch Chief Local Development Review
c: State Clearinghouse
Response to Comment 1
The comments provided by Caltrans address minor design elements and are not comments on the adequacy of the environmental analysis. The City, however, does provide the following responses to the design questions.

Signage
Appropriate traffic signs are planned to be installed along the project corridor in conformance with the California Manual on Uniform Traffic Control Devices (CA MUTCD) and will be included on the final design plans. For clarity, “Figure 2 - Project Conceptual Layout” has been revised to show Stop Signs where stop bars are currently depicted. Please see Attachment A.

Multimodal Transportation
• The design team will further review the applicability and feasibility of two- stage left turn bike boxes at the San Mateo at Central Avenue intersection within the context of the approved project design objectives and in coordination with the Cities of El Cerrito and Richmond’s bicycle master plans for this area.

CENTRAL AVENUE AT INTERSTATE 80 (I-80) LOCAL ROAD IMPROVEMENT PROJECT

COMMENTS ON THE DRAFT IS/MND AND RESPONSES RICHMOND, CA FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION JANUARY 2023 Page | 4
• Where Class III bicycle facilities are currently depicted along portions of Pierce Street and San Mateo Street there are limitations regarding existing or proposed ROW and the typical roadway sections for implementation of alternative Class I, Class II, buffered Class II, or Class IV bicycle facilities. • The design team will confirm the compatibility of a marked crosswalk on the northern leg of the proposed Pierce Street and San Mateo Street intersection with the proposed grading plan and drainage design. However, the proposed catch basin on the northwest corner of the proposed intersection along with the existing driveway would prohibit the installation of an ADA-compliant curb ramp and a corresponding marked crosswalk.

Comment 2: Aidin Amiri, 12/13/2022
Hello Hector,
This letter is a regards to “City of Richmond 30-day Notice of Intent to Adopt a Mitigated Negative Declaration”.

My name is Aidin Amiri and I am the son of Saeid Amiri whom is the owner of Central Valero. We are a Father and Son team that run the small business. We are a locally owned, family owned, and minority owned small business that has been serving the community for over 30 years.

This project will have an enormously negative impact on our business. Not only will it be diverting a large percentage of customers away from our business, But also due to some of the proposed changes on Pierce street, mainly the suggested barrier to be installed, there are a number safety concerns which arise as well.

I’m hoping that with the city’s promise to help small businesses, and your help as a city Planning leader, you can help answer some questions and possibly guide us to getting more information on protesting this Declaration.

Is there any possibility that we could sit down sometime or maybe even have a brief telephone conversation in the next day or two?
Thank you very much
Aidin Amiri
Central Valero
925 322-7895
Response to Comment 2
The comments provided address design elements and socioeconomic concerns and are not comments on the adequacy of the environmental analysis.

CENTRAL AVENUE AT INTERSTATE 80 (I-80) LOCAL ROAD IMPROVEMENT PROJECT

COMMENTS ON THE DRAFT IS/MND AND RESPONSES RICHMOND, CA FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION JANUARY 2023 Page | 5
City of Richmond Public Works staff as well as Planning staff in conjunction with NCE’s staff met Aidin Amiri and Saeid Amiri during a virtual conference call on 12/15/2022 to better understand their site access concerns. It was clarified during the call that the business owner’s main concern was maintaining existing site access from the Pierce Street driveway for vehicles traveling northbound along Pierce Street and making a left-turn into the business. The project team confirmed to the business owners that their existing driveway access from Pierce Street would be maintained despite the planned intersection reconfiguration at Pierce Street and Central Avenue. Therefore, it was mutually agreed with the business owners that no significant impacts to the business are anticipated due to the project.

Comment 3: East Bay Municipal Utility Management District (EBMUD), 12/13/2022
Dear Mr. Rojas:

East Bay Municipal Utility District (EBMUD) appreciates the opportunity to comment on the Mitigated Negative Declaration for the Central A venue at Interstate 80 (1- 80) Local Road Improvement Project (Project) located at Central Avenue from east ofl-80 Caltrans right-of-way (ROW) to the intersection with San Mateo Street, San Mateo Street from Central A venue to the future proposed intersection with Pierce Street, Pierce Street from Central Avenue to the future proposed intersection with San Mateo Street, and a new connector street as an extension of San Mateo Street through two private properties to Pierce Street in the Cities of Richmond and El Cerrito.

EBMUD has the following comments.

WATER DISTRIBUTION PIPELINES
EBMUD owns and operates 6-inch and 8-inch water distribution pipelines in Central Avenue, Pierce Street, and San Mateo Street which provide continuous service to EBMUD's customers in the area. Any proposed construction activity in Central Avenue, Pierce Street, and San Mateo Street would need to be coordinated with EBMUD so that the integrity of these pipelines is maintained at all times.

It is imperative to continue to coordinate with EBMUD during the development of street improvement projects, so reasonable time can be provided for planning, design, and construction if conflicts exist to avoid schedule impacts. The City of Richmond and EBMUD will need to continue to work together in finalizing the scope of work for
EBMUD infrastructure adjustments and relocations. EBMUD requires reasonable time to allocate resources and modify internal construction schedules. EBMUD recommends at least 18 months advance notification for upcoming street improvement projects to allow for a reasonable amount of time to perform water

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COMMENTS ON THE DRAFT IS/MND AND RESPONSES RICHMOND, CA FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION JANUARY 2023 Page | 6
pipeline relocations. The following table provides a typical project schedule for EBMUD to design and relocate approximately 1,500 feet of 8-inch water pipeline.

The required time may increase or decrease depending on the size, length and complexity of the water pipeline project; and if constructed by EBMUD crews or by Contractor.

Required Time Schedule Task
I month Receive Street Improvement and Understand Impacts I month Review Project and Planning Assessment
2 months Collect Survey Data or Use Existing Survey from Requesting Agency
2 months Draft Base Drawing for Water Main Relocation 3 months Design Water Main Relocation
2 months Develop Construction Bid Documents
3 months Advertise and A ward Water Main Relocation Project 4 months Install New Water Main and Provide Temporary Paving 18 months Reasonable Notification Time
(Typical Project: 1,500 feet of 8-inch pipe)
EBMUD will not design piping or services until soil and groundwater quality data and remediation plans have been received and reviewed and will not start underground work until remediation has been carried out and documentation of the effectiveness of the remediation has been received and reviewed. If no soil or groundwater quality data exists, or the information supplied by the project sponsor is insufficient, EBMUD may require the project sponsor to perform sampling and analysis to characterize the soil and groundwater that may be encountered during excavation, or EBMUD may perform such sampling and analysis at the project sponsor's expense. If evidence of contamination is discovered during EBMUD work on the project site, work may be suspended until such contamination is adequately characterized and remediated to EBMUD standards.

EBMUD's water distribution pipelines and valves must always be accessible to EBMUD staff in order to maintain high-quality domestic water and fire flow services and mitigate for planned and unplanned pipeline outages. The City of Richmond is responsible for protecting in-place pipeline valves and ensuring that pipeline valves are accessible (i.e., not paved over) during and after Project construction. EBMUD recommends that the City of Richmond review EBMUD as-built drawings and

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COMMENTS ON THE DRAFT IS/MND AND RESPONSES RICHMOND, CA FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION JANUARY 2023 Page | 7
identify potential utility conflicts between Project improvements and existing EBMUD pipelines.

Attached are EBMUD guidelines for requesting pipeline as-builts that include pipeline vertical data (see Attachment A - EBMUD Map & Utility Information Request Form and Guidelines). EBMUD's process for requesting as-built drawings is a two steps process: 1) request EBMUD water distribution maps, and 2) submit to EBMUD marked-up EBMUD water distribution maps identifying which water pipeline as- builts are needed to evaluate water pipelines within street improvements. In some cases, EBMUD as-builts are not available and in those situations EBMUD recommends for local agencies to pothole and field locate utilities.

EBMUD'S DESIGN STANDARDS AND SPECIFICATIONS
When evaluating the need and method for relocating and adjusting EBMUD infrastructure (e.g., pipelines, meters, valves, and fire hydrants), please review EBMUD's Design Standards and Specifications for Mains 20-inches and Smaller, which are located on the following webpage under "Apply for Standard Water Service":
https://www.ebmud.com/customers/new-meter-installation

PIPELINE VALVE COVER ADJUSTMENTS
For utility conflicts between the Project and existing EBMUD pipeline valve covers, the City of Richmond must share with EB MUD conflict locations, and existing and final pavement grade elevations. EBMUD will support paving street improvement projects as follows:
• Grade change less than 0.5-inches - For street improvement projects with a grade change elevation less than 0.5-inches, EB MUD is not obligated to adjust pipeline valve covers to facilitate the construction of street improvements, pursuant to Streets & Highways Code Section 680, which states that EBMUD may not be required to relocate its facilities for a temporary purpose. However, EBMUD will provide valve cover rings, at no cost, to be used to make valve cover adjustments as needed. The City of Richmond is responsible for protecting in-place EBMUD pipeline valve covers which will be inspected by EBMUD staff post project completion. Pipeline valves must remain accessible during and after project construction for water distribution operations (i.e., not paved over).
• Grade change greater than 0.5-inches - For street improvement projects with a grade change elevation greater than 0.5-inches, EBMUD will support the Project by adjusting pipelines valve covers (one time) to the final street grade. However, EBMUD is not obligated to adjust valves during construction to facilitate means and methods for completing street improvements,

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COMMENTS ON THE DRAFT IS/MND AND RESPONSES RICHMOND, CA FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION JANUARY 2023 Page | 8
pursuant to Streets & Highways Code Section 680, which states that EBMUD may not be required to relocate its facilities for a temporary purpose. The City of Richmond is responsible for protecting in-place EB MUD pipeline valve covers which will be inspected by EBMUD staff post project completion.

Pipelines valves must remain accessible during and after project construction for water distribution operations (i.e., not paved over).

Pipeline Valve Cover Upgrades - If the City of Richmond determines a need to upgrade old pipeline valve covers to the new Christy G-05 Valve Box and Rise Installation, EBMUD will provide the valve boxes and covers, and will reimburse the City of Richmond for the valve box upgrade at a reasonable cost. To upgrade pipeline valve covers and boxes, the City of Richmond must enter into a Valve Box Agreement with EBMUD prior to start of pipeline valve cover upgrades. An EBMUD Union notification will be required to complete the work by the City's contractor.

WATER METER RELOCATIONS AND ADJUSTMENTS
When an agency like the City of Richmond completes street improvements ( e.g., replace sidewalks, street pavement, and storm drain pipelines) to improve both street safety and street aesthetics, EBMUD supports the agency by relocating water meters to meet Project objectives, current design standards ( e.g., meters need to be placed at 1-foot off the face of curb), and mitigate utility conflicts. EBMUD relocates water meters to their new location once the area is staked and is ready for final meter placement ( e.g. .. forms for new sidewalk and other features are in place). The City of Richmond is then responsible for relocating the customer's private water service line to the new meter location. EB MUD is not financially liable for work beyond the water meter (i.e., private water line).

HYDRANT RELOCATIONS OR ADJUSTMENTS (SET-BACKS/SET-FORWARDS) When the City of Richmond completes street improvements (e.g., replace sidewalks and curbs) to improve both street safety and street aesthetics, the City of Richmond must ensure that there are no conflicts between existing EBMUD fire hydrants and new curb ramps and sidewalks. Fire hydrants must be located 5-feet from the edge of curb ramps and 20 to 24- inches from the face of street curbs.

Hydrant relocations are horizontal offsets that require the installation of new hydrant service laterals; hydrant relocations require the City of Richmond to submit Hydrant Relocation Application with EBMUD's New Business Office (510-287- 1010) or via EBMUD's online water service application at
https://wsa.ebmud.com.

WASTEWATER
EBMUD owns and operates a 48-inch wastewater interceptor pipeline located in Central A venue. This pipeline is a critical infrastructure and due to its shallow

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COMMENTS ON THE DRAFT IS/MND AND RESPONSES RICHMOND, CA FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION JANUARY 2023 Page | 9
nature is potentially at risk of damage from nearby construction activities or structures built on top of them (see enclosed Attachment B - Wastewater Interceptor Drawing). The City of Richmond shall submit design drawings and detailed maps to EBMUD to determine if the Project will impact the wastewater interceptor pipeline. Any proposed construction activity across this pipeline would need to be coordinated with EB MUD so that the integrity of the pipeline is maintained at all times.

PRE-CONSTRUCTION MEETING
The City of Richmond shall invite EBMUD's North Area Service Center Superintendents, Shelly Frank (510-986-7733 or [email protected]), and the Assistant Superintendents, Mike Rangel (510-287-1829 or [email protected]) to all pre-construction meetings.

If you have any questions concerning this response, please contact Timothy R.

McGowan, Senior Civil Engineer, Major Facilities Planning Section at (510) 287- 1981.

Sincerely,

David J. Rehnstrom
Manager of Water Distribution Planning

Response to Comment 3
The comments provided address utility coordination and are not comments on the adequacy of the environmental analysis.

The City of Richmond Public Works Department via the project design consultant first notified EBMUD of the project via electronic Utility “A” Letter dated May 31, 2022, including a description of planned construction activities accompanied by a conceptual site plan as well as submittal of an EBMUD facility map request. The City appreciates EBMUD’s continuing coordination efforts regarding the project including this letter and mapping information as well as other recent electronic communication concerning various facilities requiring relocation coordination around the project site. The City will continue to provide reasonable notification and coordination during the continuing design and eventual construction of the project (anticipated June 2025 to June 2027) regarding as-needed protection, relocation, or adjustment of EBMUD facilities within the project site.

Attachment A

REVISED CONCEPTUAL SITE PLAN

This Page Intentionally Left Blank

COMPACT

COMPACT

COMPACT

COMPACT
Central Avenue
San Mateo Street
Yolo
Avenue San Luis Street
LEGEND
Concrete
Planter Strip
Limits of Roadway Work
To Sacramento
Pacific
East
Mall
To San Francisco
Public Storage
Saigon
Seafood
Shell
Valero

NORTHBOUND OFF-RAMP
Traffic Signal Controlled
Remove Traffic Signal
Stop Sign Controlled
3 Way Intersection
Traffic Signal
Controlled Intersection
Bus Stop Area
Street Parking
Right Turn
Only
Traffic Signal
Removed - Right In
/ Right Out Only
Right Turn
Only
City of Richmond
City of El Cerrito
San Mateo Street
Pierce Street
Central Avenue at I-80
Local Road Improvement Project
Richmond, CA

CONCEPTUAL LAYOUT
Caltrans Operating R/W
1" = 20'-0"

SCALE IN FEET
40 080 20
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DECEMBER 20, 2022

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Attachment B

PUBLIC REVIEW DRAFT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION

This Page Intentionally Left Blank

PUBLIC REVIEW DRAFT

Initial Study/Mitigated Negative Declaration

Central Avenue at Interstate 80 (I-80) Local
Road Improvement Project
Richmond, CA

November 2022

This Page Intentionally Left Blank

COMMUNITY DEVELOPMENT DEPARTMENT
450 CIVIC CENTER PLAZA, RICHMOND, CA 94804
PHONE: (510) 620-6706 FAX: (510) 620-6858

CITY OF RICHMOND
30-DAY NOTICE OF INTENT

TO ADOPT A MITIGATED NEGATIVE

DECLARATION

NOTICE IS HEREBY GIVEN that the City of Richmond intends to adopt a Mitigated Negative Declaration (MND) for the following described project in accordance with the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Richmond’s Guidelines and Procedures for Implementa tion of CEQA.

Project Title Central Avenue at Interstate 80 (I-80) Local Road Improvement Project Project Applicant City of Richmond Public Works Department, 450 Civic Center, Plaza, Richmond 94804. (510) 231-3008
Project Location I-80/Central Avenue Interchange in the cities of Richmond and El Cerrito, Contra Costa County, California . The Project limits are Central Avenue from east of I -80 Caltrans right-of-way (ROW) to the intersection with San Mateo Street, San Mateo Street from Central Avenue to the future proposed intersection with Pierce Street, Pierce Street from Central Avenue to the future proposed intersection with San Mateo Street, and a new connector street as an extension of San Mateo Street through two private properties to Pierce Street.

Assessor Parcel
No.
510-053-001, 510 -053-002, 510 -053-031, 510 -053-040, 510 -053-005, 510 -052- 007, 510-053-019, 510-053-025, 510-053-032, 510-053-033, 510-053-034 and 510- 053-006
Lead Agency City of Richmond

Project Description:

The Central Avenue at Interstate 80 (I -80) Local Road Improvement Project (project) has been designed by the City of Richmond ( City) to improve traffic operations and increase spacing between signalized intersections east of I -80 on Central Avenue. The projec t objectives would be accomplished primarily by relocating traffic signals from Pierce Street at Central Avenue to San Mateo Street at Central Avenue; converting Pierce Street at Central Avenue to "right in, right out" access; and extending San Mateo Stree t to connect with Pierce Street.

The project is located along the east of the I-80/Central Avenue Interchange in the cities of Richmond and El Cerrito, Contra Costa County, California. The Project limits are Central Avenue from east of I-80 Caltrans right-of-way (ROW) to the intersection with San Mateo Street, San Mateo Street from Central Avenue to the future proposed intersection with Pierce Street, Pierce Street from Central Avenue to the future proposed intersection with San Mateo Street, and a new connector street as an extension of San Mateo Street through private properties to Pierce Street.

The Project is a resurfacing, restoration, and rehabilitation project that includes the following features:
• New and removed traffic signals
• New and replacement street lighting
• San Mateo Street realignment and new connection to Pierce Street • Roadway widening
• Street parking reconfiguration
• Striping and signage reconfiguration
• Joint utility pole (power and telecom) undergrounding and relocation, as needed (with local funds) • Subsurface utility adjustments
!! i
t

• Storm drain utility improvements (if needed)
• Bus stop relocation
• Parking lot reconstruction
• Class III bike route
• Landscaping and bioretention
• Concrete flatwork such as sidewalk, curb ramps, driveway aprons, and curb and gutter • Americans with Disabilities Act (ADA)-compliant curb ramps The basis for proposing a Mitigated Negative Declaration is the finding that although the project could have a significant effect on the environment, there will not be a s ignificant effect in this case because the cities of Richmond and El Cerrito have hereby agreed to implement each of the identified mitigation measures, which would be adopted as part of the Mitigation Monitoring and Reporting Plan.

Review and Comment Period: Comments on the MND shall be sent in writing and must be received by 5:00 p.m. on Friday, December 9, 2022 at the following address or email:

Hector Rojas, Planning Manager
City of Richmond Community Development Department, Planning Division 450 Civic Center Plaza
P.O. Box 4046 Richmond, CA 94804
[email protected]
Report Availability : A copy of the Initial Study and MND is available for review online at https://www.ci.richmond.ca.us/DocumentCenter/View/63384.

Copies are also available for review at the City of Richmond, Community Development Department, City Hall, 450 Civic Center Plaza, Richmond, CA, 94804 , Monday through Thursday, 8:30 AM to 4:00 PM an d Friday, 8:30 AM to 12:00 PM.

Start of Public Review: November 8, 2022 End of Public Review: December 8, 2022

Central Avenue at Interstate 80 (I-80) Local Road
Improvement Project
Richmond, CA

Initial Study/Mitigated Negative Declaration

Prepared for:

City of Richmond

Engineering Services Department
450 Civic Center Plaza
Richmond, CA 94804

Contact:

Lina Velasco

Community Development Director
Planning Division
(510) 620-6841
[email protected]

Prepared by:

501 Canal Blvd, Suite I
Pt. Richmond, CA 94804

Contact:

Gail Ervin
Consulting Principal
(510) 215-3620
[email protected]

f !NCE

COMMUNITY DEVELOPMENT DEPARTMENT
450 CIVIC CENTER PLAZA, RICHMOND, CA 94804
PHONE: (510) 620-6706FAX: (510) 620-6858

MITIGATED NEGATIVE DECLARATION
The City of Richmond, California, a municipal corporation, does hereby prepare, declare, and publish this Mitigated Negative Declaration for the following described project:

Project Name: Central Avenue at Interstate BO (l~B0) Local Road Improvement Project Project Location: The project is located just east of the I-BO/Central Avenue Interchange in the cities of Richmond and El Cerrito, Contra Costa County, California. The Project limits are Central Avenue from east of 1-80 Caltrans right-of-way (ROW) to the intersection with San Mateo Street, San Mateo Street from Central Avenue to the future proposed intersection with Pierce Street, Pierce Street from Central Avenue to the future proposed intersection with San Mateo Street, and a new connector street as an extension of San Mateo Street through private properties to Pierce Street.

Project Description: The project has been designed by the City of Richmond (City) to improve traffic operations and increase spacing between signalized intersections east of 1-80 on Central Avenue. The project objectives would be accomplished primarily by relocating traffic signals from Pierce Street at Central Avenue to San Mateo Street at Central Avenue; converting Pierce Street at Central Avenue to "right in, right out" access; and extending San Mateo Street to connect with Pierce Street.

Findings: The City of Richmond has reviewed the project and, on the basis of the whole record before it, has determined that there is no substantial evidence that the project, with mitigation measures as identified in the attached Initial Study, will have a significant effect on the environment. This Mitigated Negative Declaration reflects the City's independent judgment and analysis as Lead Agency. An Environmental Impact Report is not required pursuant to the Environmental Quality Act of 1970 (Sections 21000, et seq., Public Resources Code of the State of California).

Mitigation measures necessary to avoid the potentially significant effects on the environment are included in the attached Initial Study, which is hereby incorporated and fully made part of this Mitigated Negative Declaration. The cities of Richmond and El Cerrito have hereby agreed to implement each of the identified mitigation measures, which would be adopted as part of the Mitigation Monitoring and Reporting Plan.

This Mitigated Negative Declaration has been prepared pursuant to Title 14, Section 15070 of the California Code of Regulations; the Local Environmental Regulations adopted by the cities of Richmond and El Cerrito, the El Cerrito Municipal Code, and the Richmond Municipal Code.

Copies are also available for review at the City of Richmond, Community Development Department, City Hall, 450 Civic Center Plaza, Richmond, CA, 94804.

Director of Community Development, City of Richmond,
California, a municipal corporation
d: November 7, 2022

If you need this document presented in an alternative format, please contact:

Lina Velasco
(510) 620-6841
[email protected]

CENTRAL AVENUE AT INTERSTATE 80 (I-80) LOCAL ROAD IMPROVEMENT PROJECT

TABLE OF CONTENTS RICHMOND, CA
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NOVEMBER 2022 Table of Contents
Executive Summary ..................................................................................... i List of Abbreviations ................................................................................... v Section 1 Project Information .................................................................. 1 Section 2 Introduction ............................................................................. 4

2.1 Focus of the Environmental Review ..................................................... 4

2.2 Required Permits and Additional Approvals .......................................... 4

2.3 Lead Agency Determination ............................................................... 6 Section 3 Project Description ................................................................... 7

3.1 Project Location ............................................................................... 7

3.2 Background ..................................................................................... 7

3.3 Project Objectives .......................................................................... 10

3.4 Existing Conditions ......................................................................... 10

3.5 Project Features ............................................................................. 11

3.6 Construction Controls...................................................................... 20 Section 4 Environmental Evaluation ....................................................... 24

4.1 Aesthetics ..................................................................................... 25

4.2 Agricultural and Forestry Resources .................................................. 30

4.3 Air Quality ..................................................................................... 33

4.4 Biological Resources ....................................................................... 41

4.5 Cultural Resources .......................................................................... 49

4.6 Energy .......................................................................................... 54

4.7 Geology and Soils ........................................................................... 56

4.8 Greenhouse Gas Emissions .............................................................. 64

4.9 Hazards and Hazardous Materials ..................................................... 67

4.10 Hydrology and Water Quality ........................................................... 74

4.11 Land Use and Planning .................................................................... 80

4.12 Mineral Resources .......................................................................... 82

4.13 Noise ............................................................................................ 84

4.14 Population and Housing ................................................................... 88

4.15 Public Services ............................................................................... 90

4. 16 Recreation ..................................................................................... 92

4.17 Transportation ............................................................................... 94

4.18 Tribal Cultural Resources ................................................................102

4.19 Utilities and Service Systems ..........................................................108

4.20 Wildfire ........................................................................................111

4.21 Mandatory Findings of Significance ..................................................113 Section 5 Mitigation Monitoring and Reporting Plan ............................. 116 Section 6 References ............................................................................ 124

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TABLE OF CONTENTS RICHMOND, CA
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NOVEMBER 2022 List of Figures
Figure 1. Project Vicinity Map .......................................................................... 8 Figure 2. Project Conceptual Layout ................................................................. 9 Figure 3. Site Map of Proposed Project with ROW Takes .................................... 19 Figure 4. National Flood Layer FIRMette .......................................................... 75

List of Tables
Table 1. Estimated Right-of-Way Take Summary.............................................. 17 Table 2. Estimated Street Improvements Summary .......................................... 18 Table 3. BAAQMD Thresholds of Significance for Construction-Related Criteria Air Pollutants and Precursors (BAAQMD 2017b) .................................................... 36 Table 4. I-80 Central Avenue Summary of Operational Emissions 2018 ............... 38 Table 5. Average Daily Traffic Volumes Comparison .......................................... 39 Table 6. Construction Emissions for the Build Alternative 2018 .......................... 40 Table 7. Average Daily Traffic Volumes Comparison (Repeat of Table 5) ............. 95 Table 8. Native American Correspondence between June 2018 and March 2021 ..103 Table 9. Mitigation and Monitoring Plan ..........................................................117

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EXECUTIVE SUMMARY RICHMOND, CA
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NOVEMBER 2022 Page | i
Executive Summary
The City of Richmond proposes the Central Avenue at Interstate 80 (I-80) Local Road Improvement Project (Project) to improve traffic operations and increase spacing between signalized intersections east of I-80 on Central Avenue.

PROJECT DESCRIPTION
The Project objectives would be accomplished primarily by relocating traffic signals from Pierce Street at Central Avenue to San Mateo Street at Central Avenue; converting Pierce Street at Central Avenue to "right in, right out" access; and extending San Mateo Street to connect with Pierce Street.

Project Features
This is a resurfacing, restoration, and rehabilitation project that includes the following features:
• New and removed traffic signals
• New and replacement street lighting
• San Mateo Street realignment and new connection to Pierce Street • Roadway widening
• Street parking reconfiguration
• Striping and signage reconfiguration
• Joint utility pole (power and telecom) undergrounding and relocation, as needed (with local funds)
• Subsurface utility adjustments
• Storm drain utility improvements
• Bus stop relocation
• Parking lot reconstruction
• Class III bike route
• Landscaping and bioretention
• Concrete flatwork such as sidewalk, curb ramps, driveway aprons, and curb and gutter
• Americans with Disabilities Act (ADA) improvements
P

OTENTIAL IMPACTS
Based on the environmental evaluation performed for this Initial Study, the proposed Project would have:

CENTRAL AVENUE AT INTERSTATE 80 (I-80) LOCAL ROAD IMPROVEMENT PROJECT

EXECUTIVE SUMMARY RICHMOND, CA
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NOVEMBER 2022 Page | ii
• No Impact on Agriculture and Forestry Resources, Energy, Mineral Resources, Public Services, and Recreation.
• Less Than Significant Impact on Aesthetics, Air Quality, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use and Planning, Population and Housing, Transportation, Utilities and Service Systems, and Wildfire. • Less Than Significant Impact with Mitigation Incorporated on Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Noise, and Tribal Cultural Resources.

MITIGATION MEASURES
The City of Richmond has agreed to implement the following mitigation measures to reduce Project impacts to a “Less than Significant” level:
• Mitigation Measure BIO-1:

1. If trees, shrubs, or herbaceous vegetation need to be removed, their removal shall occur during the non-breeding season (August 16 - January 31 in this area) if possible to avoid impacts to nesting birds and their habitat. If vegetation removal or ground-disturbing activities with the potential to impact nesting birds or their habitat will be conducted during the breeding season (February 1 - August 15), a qualified biologist shall conduct pre-construction avian surveys. These surveys shall be conducted no more than 30 days prior to the initiation of activities that have the potential to impact migratory birds and their habitat. A copy of the survey shall be submitted to the City Engineer or equivalent prior to the start of construction activities.

2. If nesting birds are detected within the Project area during the survey, consultation with the CDFW shall be conducted to establish avoidance or minimization measures that will protect nesting birds during construction.

An avoidance/minimization plan shall be prepared by a qualified biologist and submitted to the City Engineer or equivalent and CDFW for review and approval prior to the start of construction activities. A suitable activity-free buffer shall be established around all active nests. The precise dimensions of the buffer shall be determined at that time and may vary depending on location and species. Buffers shall remain in-place for the duration of the breeding season or until it has been confirmed by a qualified biologist that all chicks have fledged and are independent of their parents. The avoidance or minimization plan shall be submitted to the City Engineer or equivalent for review and approval prior to the start of construction activities.

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EXECUTIVE SUMMARY RICHMOND, CA
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NOVEMBER 2022 Page | iii
• Mitigation CUL-1/TCR-1: During construction, the City and contractor shall comply with all conditions outlined in the Post Review Discovery, Monitoring, ESA Action, and Minor Phasing Plans in areas identified as sensitive in the Final XPI Report, as approved by Caltrans and SHPO, to avoid and protect unknown cultural and tribal cultural resources.
• Mitigation GEO-1: The City shall retain a professional qualified paleontologist to review the Paleontological Resource Potential Maps and determine if the Project area contains the potential for paleontological resources. The City shall coordinate for a “request for opinion” from a qualified professional paleontologist, state paleontological clearinghouse, or an accredited institution with an established paleontological repository housing paleontological resources from the region of interest.

In areas determined to have high or undetermined potential for significant paleontological resources, an adequate program for mitigating the impact shall include:
a. Monitoring by a qualified paleontological resources monitor during excavations in previously undisturbed rock
b. Salvage of unearthed fossil remains and/or traces (e.g., tracks, trails, burrows)
c. Screen washing to recover small specimens, if applicable d. Preparation of salvaged fossils to a point of being ready for curation e. Identification, cataloguing, curation, and provision for repository storage of prepared fossil specimens
f. A final report of the findings and their significance To assure compliance at the start of the Project, a statement that confirms the site’s paleontological potential, confirms the repository agreement with an established public institution, and describes the program for impact mitigation, must be deposited with the City of Richmond and contractor(s) before any ground disturbance begins.
• Mitigation Measure HAZ-1:
o The contractor is responsible for offsite disposal of soils. Soils shall require profiling and waste characterization within six months of removal and stockpiling for disposal facility acceptance. All soil spills generated at the Site shall be disposed of by the contractor and transported by a licensed waste hauler to an appropriately licensed waste disposal facility.

CENTRAL AVENUE AT INTERSTATE 80 (I-80) LOCAL ROAD IMPROVEMENT PROJECT

EXECUTIVE SUMMARY RICHMOND, CA
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NOVEMBER 2022 Page | iv
o Soil stockpiles shall be controlled, covered, and demarcated by the contractor when not in active use.
o Worker protection and training shall be required by the City of the contractor in advance of and during construction to mitigate potential health concerns related to exposure of metals and petroleum hydrocarbons.
o The contractor shall comply with all regulatory requirements associated with any discharge to the POTW.

The contractor shall prepare a soil and groundwater management plan (SGMP) that addresses the above mitigation requirements. The SGMP shall generally address soil and groundwater excavation, dewatering, disposal, stockpiling, and transportation. The SGMP shall explicitly address groundwater dewatering and dewatering discharge, handling and disposal of soil and groundwater, onsite soil management, onsite dewatering storage (if any), offsite soil disposal, profiling of soil and groundwater, transportation routes, and dust mitigation controls.
• Mitigation Measure NOIS-1: The Project shall install a sound barrier with a minimum height of 6 feet relative to the residential yard elevations along the portions of property fronting the new San Mateo Street extension at 3221 and 3211 San Mateo Street. The sound barrier shall be constructed using a solid material with no gaps in the face of the wall. Suitable materials for sound wall construction shall have a minimum surface weight of 3 pounds per square foot, such as 1-inch-thick wood, ½-inch laminated glass, masonry block, concrete, or 1-inch-thick metal. The sound barrier shall be constructed by the City of Richmond or approved contractor and shall be completed prior to final inspection of the site by the City of Richmond.

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LIST OF ABBREVIATIONS RICHMOND, CA
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NOVEMBER 2022 Page | v
List of Abbreviations
Abbreviation Definition
AB Assembly Bill
ADA Americans with Disabilities Act
ADI Area of Direct Impact
ADL aerially deposited lead
ADT Average Daily Traffic
APE Area of Potential Effect
APN Assessor’s Parcel Number
ASR Archaeological Survey Report
BAAQMD Bay Area Air Quality Management District
BMP best management practice
BP before the present
CAAQS California Ambient Air Quality Standards
CAL FIRE California Department of Forestry and Fire Protection Caltrans California Department of Transportation
CAM-17 CAM-17 Metals
CARB California Air Resources Board
CCR California Code of Regulations
CCTA Contra Costa Transportation Authority
CDFG California Fish and Game
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
CESA California Endangered Species Act
CFR Code of Federal Regulations
CNDDB California Natural Diversity Database

CENTRAL AVENUE AT INTERSTATE 80 (I-80) LOCAL ROAD IMPROVEMENT PROJECT

LIST OF ABBREVIATIONS RICHMOND, CA
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NOVEMBER 2022 Page | vi
Abbreviation Definition
CNPS California Native Plant Society
CRHR California Register of Historical Resources
CWA Clean Water Act
EBMUD East Bay Municipal Utility District
EIR Environmental Impact Report
EPA Environmental Protection Agency
ESA Environmental Site Assessment
FEMA Federal Emergency Management Agency
FESA Federal Endangered Species Act
FIRM Flood Insurance Rate Map
GHG greenhouse gases
HREC Historical Recognized Environmental Condition
HRER Historical Resources Evaluation Report
HSC Health and Safety Code
LOS level of service
LUST leaking underground storage tank
MBTA Migratory Bird Treaty Act
MMRP Mitigation Monitoring and Reporting Plan
MND Mitigated Negative Declaration
NAAQS National Ambient Air Quality Standards
NAHC Native American Heritage Commission
NHPA National Historic Preservation Act
NOx nitrogen oxides
NPDES National Pollutant Discharge Elimination System
NRHP National Register of Historic Places
NSR Noise Study Report

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LIST OF ABBREVIATIONS RICHMOND, CA
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NOVEMBER 2022 Page | vii
Abbreviation Definition
PM particulate matter
POTW publicly owned treatment works
PRC Public Resources Code
REC Recognized Environmental Condition
RFD Richmond Fire Department
ROG reactive organic gases
ROW right-of-way
RWQCB Regional Water Quality Control Board
SER Standard Environmental Reference
sf square foot/feet
SOI Secretary of the Interior
SSD Stege Sanitary District
SSMP Sewer System Management Plan
SWPPP Stormwater Pollution Prevention Plan
SWRCB State Water Resources Control Board
TMDL Total Maximum Daily Load
TOHIMU Transit Oriented Higher Intensity Mixed-Use
TPH total petroleum hydrocarbon
USFWS United States Fish & Wildlife Service
USGS United States Geological Survey
VHFHSZ Very High Fire Hazard Severity Zone
VIA Visual Impact Assessment
VMT vehicle miles traveled
WEAP Worker Environmental Awareness Program

CENTRAL AVENUE AT INTERSTATE 80 (I-80) LOCAL ROAD IMPROVEMENT PROJECT

PROJECT INFORMATION RICHMOND, CA
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NOVEMBER 2022 Page | 1
Section 1 Project Information
Type of Information Project Details

1. Project title: Central Avenue at Interstate 80 (I-80) Local Road Improvement Project

2. Lead agency name and address: City of Richmond
Engineering Services Department
450 Civic Center Plaza
Richmond, CA 94804

3. Contact person and phone
number:

Lina Velasco
Director of Community Development
(510) 620-6841

4. Project location: The Project limits are Central Avenue from east of I-80 Caltrans right-of-way (ROW) to
the intersection with San Mateo Street, San
Mateo Street from Central Avenue to the
future proposed intersection with Pierce
Street, Pierce Street from Central Avenue to
the future proposed intersection with San
Mateo Street, and a new connector street as
an extension of San Mateo Street through
two commercial private properties, to Pierce
Street, in the cities of Richmond and El
Cerrito.

5. Project sponsor’s name and
address:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804

6. General Plan designations: Regional Commercial Mixed-Use (City of Richmond 2012)
Transit Oriented Higher Intensity Mixed-Use
(TOHIMU)(City of El Cerrito 2014)

7. Zoning: Regional Commercial (CR) (Richmond)
TOHIMU (El Cerrito)

8. Description of project: Increase spacing between signalized intersections east of I-80, relocate traffic
signals from Pierce Street at Central Avenue
to San Mateo Street at Central Avenue,
convert Pierce Street at Central Avenue to
"right in, right out" access, and extending

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PROJECT INFORMATION RICHMOND, CA
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NOVEMBER 2022 Page | 2
Type of Information Project Details
San Mateo Street to connect with Pierce
Street. Project elements include new and
removed traffic signals, San Mateo Street
realignment and new connection to Pierce
Street, roadway widening, street parking
reconfiguration, striping and signage
reconfiguration, joint utility pole (power and
telecom) undergrounding and relocation as
needed, subsurface utility adjustments, bus
stop relocation, parking lot reconstruction,
class III bike route, landscaping and
bioretention, storm drain utility
improvements, new and replacement street
lighting, and concrete flatwork such as
sidewalk, curb ramps, driveway aprons, and
curb and gutter improvements.

9. Surrounding land uses and
setting:

Highly urbanized area with a mix of single-
family and multi-family residences,
commercial and light industrial uses, and
community parkland (City of El Cerrito 2014)

10. Other public agencies whose
approval is required:

California Department of Transportation
City of El Cerrito
Contra Costa Transportation Authority

11. Have California Native
American tribes traditionally and
culturally affiliated with the
project area requested
consultation pursuant to Public
Resources Code Section
21080.3.1? If so, is there a plan
for consultation that includes, for
example, the determination of
significance of impacts to tribal
cultural resources, procedures
regarding confidentiality, etc.?
On June 13, 2018, a letter was sent to the
Native American Heritage Commission
(NAHC) requesting a search of their Sacred
Lands database and a list of contacts that
may have knowledge of cultural or tribal
resources within or immediately adjacent to
the proposed Project area. A response was
received on June 26, 2018, indicating that
the Sacred Lands database search did reveal
the presence of Native American cultural
resources within or immediately adjacent to
the proposed Project area. The NAHC
requested that six tribe representatives be
contacted. Tribe inquiry letters were mailed
on June 27, 2018, and follow-up phone calls

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PROJECT INFORMATION RICHMOND, CA
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NOVEMBER 2022 Page | 3
Type of Information Project Details
were made to all individuals identified by the
NAHC on September 4, 2018.

Given a hiatus in the Project, updated
consultation letters were sent to these six
tribes on January 20, 2021. After receiving
an updated contact list from the NAHC on
March 11, 2021, three additional tribes were
also sent consultation letters. These letters
were sent on March 16, 2021, and follow-up
phone calls occurred on March 24, 2021.

Four tribes, The Confederated Villages of
Lisjan, the Northern Valley Yokuts Tribe, the
Amah Mutsun Tribal Band of San Juan
Bautista, and the Indian Canyon Mutsun
Band of Costanoan, have responded to date.

See Section 4.18, Tribal Cultural Resources,
for details.

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INTRODUCTION RICHMOND, CA
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NOVEMBER 2022 Page | 4
Section 2 Introduction

2.1 FOCUS OF THE ENVIRONMENTAL REVIEW

2.1.1 California Environmental Quality Act
The City of Richmond has prepared this Draft Initial Study (IS) and Mitigated Negative Declaration (MND) pursuant to the California Environmental Quality Act (CEQA) for the proposed I-80/ Central Avenue Interchange Improvement -Local Roads Portion Project (Project). This Public Review IS/MND is an informational document, provided to help the public and decision-makers understand the potential effects the Project may have on the environment, and how potential adverse effects may be mitigated. The Notice of Intent to Adopt a Mitigated Negative Declaration provides notice to interested agencies and the public that it is the City’s intent to adopt an MND and, pending public review, expects to determine from this study that the proposed Project would not have a significant effect on the environment. This Public Review Draft IS/MND is subject to modification based on comments received by interested agencies and the public.

2.1.2 California Department of Transportation
The City of Richmond is Lead Agency and the California Department of Transportation (Caltrans) is a Responsible Agency under CEQA. Caltrans has been designated the National Environmental Policy Act (NEPA) lead by the Federal Highway Administration for administering federal funds and must approve all technical studies and environmental documents to meet federal statutory requirements before the Project can proceed. Caltrans provides guidance for implementing regulations, as well as recommended report content and format, in the Standard Environmental Reference (SER; Caltrans n.d.-a) at:
http://www.dot.ca.gov/ser/. This guidance was used to develop supporting technical studies for CEQA topic analyses for the proposed Project.

2.2 REQUIRED PERMITS AND ADDITIONAL APPROVALS

2.2.1 Permits
The Project would obtain or comply with the following permits:
• Encroachment Permit (El Cerrito)
• Encroachment Permit (Caltrans)
• Temporary Construction Easement (Various Property Owners)

2.2.2 Responsible Agencies
• City of El Cerrito

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INTRODUCTION RICHMOND, CA
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NOVEMBER 2022 Page | 5
• Caltrans
• Contra Costa Transportation Authority

CENTRAL AVENUE AT INTERSTATE 80 (1-80) LOCAL ROAD IMPROVEMENT PROJECT

INTRODUCTION RICHMOND, CA

2.3 LEAD AGENCY DETERMINATION
On the basis of this initial evaluation:

I find that the proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

X I find that although the proposed Project could have a significant effect on th~ environment, there will not be a significant effect in this case because revisions in the Project have been made by or agreed to by the Project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT (EIR) is required.

I find that the proposed Project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier docurpent pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An EIR is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed Project, nothing further is required.

L,1 na OigitillysignedbylinaVelasco
ON: cn=Lin.a Velasc.o, o=City of
Richmond, ou=Community
Development,
Ve I a S Co
=•;l•Li"[email protected]
a.us,c=US
Oate:2022.11.0315;40:28-07'00'
Signature
Lina Velasco
Name

INITIAL STUDY/MITIGATED NEGATIVE DECLARATION

11/3/2022
Date
Director of Community Development
Title
NOVEMBER 2022

CENTRAL AVENUE AT INTERSTATE 80 (I-80) LOCAL ROAD IMPROVEMENT PROJECT

PROJECT DESCRIPTION RICHMOND, CA
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NOVEMBER 2022 Page | 7
Section 3 Project Description
The City of Richmond proposes the Central Avenue at Interstate 80 (I-80) Local Road Improvement Project, Contra Costa County, California, Federal Aid #STPL 5137(050) (Project) in order to improve traffic operations and increase spacing between signalized intersections east of I-80 on Central Avenue.

3.1 PROJECT LOCATION
The proposed Project is located just east of the I-80/Central Avenue Interchange in the cities of Richmond and El Cerrito (Figure 1). The Project limits start at the intersection of Central Avenue and San Luis Street/Pierce Street (including an approximately 30–foot-long segment north along San Luis Street) and extend along Central Avenue approximately 230 feet past the Central Avenue/San Mateo Street intersection (including an approximately 30-foot-long segment north along San Mateo Street). The Project limits extend south from the intersection of Central Avenue and San Mateo Street approximately 425 feet. Continuing from the current southern terminus of San Mateo Street, the Project limits extend approximately 320 feet to the west, through a residential parcel and a commercial parking lot and form a new intersection at Pierce Street. Lastly, the Project limits extend approximately 150 feet south from the newly created intersection at San Mateo Street and Pierce Street to and approximately 450 feet from the same intersection to the Pierce Street/Central Avenue intersection.

The Project limits are shown in Figure 2. This layout is the basis for the construction documents currently being prepared.

3.2 B

ACKGROUND
In 2003, the City of El Cerrito received a Traffic Engineering Technical Assistance Program grant from the Metropolitan Transportation Commission to prepare a traffic operations study for Central Avenue between San Pablo Avenue and I-80 to identify improvements that could be implemented to improve corridor operations.

Through work led by the West Contra Costa Transportation Advisory Committee, the cities of El Cerrito and Richmond and the local community initiated the I- 80/Central Avenue project and advocated for its inclusion on Contra Costa County’s Ballot Measure J. Additionally, the El Cerrito City Council worked to obtain a federal earmark for the project.

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PROJECT DESCRIPTION RICHMOND, CA
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NOVEMBER 2022 Page | 8

Figure 1. Project Vicinity Map
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CENTRAL AVENUE AT INTERSTATE 80 (I-80) LOCAL ROAD IMPROVEMENT PROJECT

PROJECT DESCRIPTION RICHMOND, CA
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NOVEMBER 2022 Page | 9

Figure 2. Project Conceptual Layout
Bus Stop As
Street Partung
- Conaete
- Plenle< Slrip
NCE
Limits of Roadway WM
Traffic Signal Controled
Remove Tr IC Signal
bloc: Storage
Central Avenue at 1-80
Local Road Improvement Project
Richmond, CA

12. 202'2

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PROJECT DESCRIPTION RICHMOND, CA
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NOVEMBER 2022 Page | 10
A Feasibility Study was conducted by the Contra Costa Transportation Authority (CCTA) in July 2009 (CCTA 2009a), which included three build alternatives as potentially viable (Alternatives 7A, 10, and 12) and analyzed a No Build Alternative.

From that study, CCTA recommended two project phases for implementation:
• Phase 1 – Near Term Improvements, to redirect left turns from westbound Central Avenue onto I-80 westbound to the adjacent I-580 eastbound on ramp at Rydin Road during peak hours and to install traffic signals at the I- 580 ramps.
• Phase 2 – Local Roads Realignment (the proposed Project discussed in this document), to increase spacing between the signalized intersections east of I-80 by connecting Pierce Street and San Mateo Street, converting Pierce Street access at Central Avenue to “right-in”, “right-out”, and relocating the traffic signal at Pierce Street/Central Avenue to the San Mateo Street/Central Avenue intersection.

Together, both phases will alleviate congestion and improve traffic safety along Central Avenue (CCTA 2009). The environmental review for the Phase 1 – Near Term Improvements project was completed in 2012. Project construction and implementation was completed in 2018 and it is currently operational.

3.3 P

ROJECT OBJECTIVES
The Project objectives are to improve traffic operations and increase spacing between signalized intersections east of I-80. This would be accomplished primarily by relocating traffic signals from Pierce Street at Central Avenue to San Mateo Street at Central Avenue; converting Pierce Street at Central Avenue to "right in, right out" access; and extending San Mateo Street to connect with Pierce Street.

3.4 E

XISTING CONDITIONS
The Project site encompasses three roadways and portions of adjacent properties. • Central Avenue is a 1.7-mile-long, east-west arterial roadway. The four-lane road has no shoulders from I-80 (Caltrans ROW) east toward San Mateo Street. There are sidewalks on both sides of Central Avenue and no existing medians within the Project area. Central Avenue has a posted speed limit of 30 miles per hour (mph) west of Pierce Street and 25 mph east of Pierce Street.
• San Mateo Street is a 32-foot-wide, two-lane local street that extends from Carlson Boulevard in the north, and dead-ends approximately 380 feet south of Central Avenue into a commercial property. There are northbound and southbound two-way stop signs at its intersection with Central Avenue. The posted speed limit on San Mateo Street is 25 mph. There are existing

CENTRAL AVENUE AT INTERSTATE 80 (I-80) LOCAL ROAD IMPROVEMENT PROJECT

PROJECT DESCRIPTION RICHMOND, CA
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NOVEMBER 2022 Page | 11
driveway encroachments and sidewalks on both sides of the street north of Central Avenue, and only on the western side of the street south of Central Avenue. Parking is allowed on both sides of the street. • Pierce Street is a 35-foot wide, two-lane collector roadway and commercial frontage road along I-80 that begins at Central Avenue south of San Luis Street. Pierce Street extends south to Buchanan Street and is currently signalized at Central Avenue. The posted speed limit on Pierce Street is 35 mph. There are sidewalks and on-street parking on both sides of the street.

North of Central Avenue, Pierce becomes San Luis Street and extends north to Van Fleet Avenue. San Luis Street is a 22-foot-wide, two-lane residential roadway with a 30 mph speed limit. There are existing driveway encroachments, and on-street parking on both sides of the street.

The Project area is located inland approximately 1 mile from the San Francisco Bay.

The area surrounding the Project is fully developed and urbanized, consisting of high-density residential, commercial, and light industrial uses. There are bus stops on both sides of Pierce Street approximately 100 feet south of the intersection with Central Avenue.

Surrounding land uses include a 2.6-acre community park (Central Park) located approximately 300 feet east of the Central Avenue/San Mateo Street intersection in the City of Richmond. On the eastern boundary of San Mateo Street is a vacant lot that formerly housed multiple industrial/commercial operations including a lumber mill, a machine shop, and an auto repair shop. The facilities ended operation in 2007; this site has a current application in to the City of Richmond for a medium- density residential development. To the south is a Public Storage facility and businesses at the current terminus of San Mateo Street. A channelized tributary of the historic Cerrito Creek meanders from the southern terminus of San Mateo along the east side of the commercial properties to border the southern boundary of the Public Storage complex. East of Pierce is commercial abutting the I-80 off-ramp, and north of Central is single family residential.

Within the boundaries of the roadways, there are two single family residences and two multi-family residential developments on the west side of San Mateo Street, and the Saigon Seafood Harbor Restaurant, a Shell Station, and other commercial uses on the east side of Pierce Street.

3.5 P

ROJECT FEATURES
The Project is a resurfacing, restoration, and rehabilitation project that includes street improvements within the City of Richmond (74,371 square feet [sf]), City of El Cerrito (28,519 sf), and Caltrans ROW (1,363 sf). Combined with non-street improvement areas (23,990 sf) such as parking lots, conforms, and some landscaping, the total Project area is 128,243 sf. The Project includes

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PROJECT DESCRIPTION RICHMOND, CA
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NOVEMBER 2022 Page | 12
improvements on 12 partial or entire Assessor Parcel Numbers (APNs) within the cities of Richmond and El Cerrito. The Project would require a total ROW acquisition of 24,470 sf. (see Section 3.5.2, below for a complete discussion).

The proposed Project features are identified on previous Figure 2. The Project includes the following features:
• New and removed traffic signals
• New and replacement street lighting
• San Mateo Street realignment and new connection to Pierce Street • Roadway widening
• Street parking reconfiguration
• Striping and signage reconfiguration
• Joint utility pole (power and telecom) undergrounding and relocation, as needed (with local funds)
• Subsurface utility adjustments
• Storm drain utility improvements (if needed)
• Bus stop relocation
• Parking lot reconstruction
• Class III bike route
• Landscaping and bioretention
• Concrete flatwork such as sidewalk, curb ramps, driveway aprons, and curb and gutter
• Americans with Disabilities Act (ADA)-compliant curb ramps

3.5.1 Project Elements by Roadway Section
The Project scope involves subsurface construction that will include excavation and grading, relocation of soil, potential dewatering activities, and parking, street, and streetscape improvements on four roadway segments, as follows:

Central Avenue
• Relocate the current traffic signal at Central Avenue/San Luis Street/Pierce Street (four-way intersection) to Central Avenue/San Mateo Street (4-way intersection).
• Convert the Central Avenue/San Luis Street/Pierce Street intersection to a two-way, stop-controlled intersection, with “right in” and “right out” access only.

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o North-south access across Central Avenue would be prohibited. o Traffic traveling southbound on San Luis Street would be restricted to right-turn-only access onto westbound Central Avenue by installing a small, raised island.
o Traffic traveling northbound on Pierce Street would be restricted to right-turn-only access onto eastbound Central Avenue by installing a raised pedestrian island.
o Eastbound traffic from San Luis Street would be rerouted to the new signal at San Mateo Street.
o Westbound Pierce Street traffic would be rerouted to the new signal at San Mateo Street via the new San Mateo extension.
• Install improvements on Central Avenue from the western Project limits to the centerline of Yolo Avenue, including:
o Center divider at the Pierce Street/San Luis Street intersection o Street resurfacing
o Pavement striping and markings and traffic signs
o ADA-compliant curb ramps at Pierce Street/San Luis Street and San Mateo Street intersections, and on the northwest corner of Central and Yolo Avenue
o Curb, gutter, and sidewalk improvements on the south side of Central Avenue
o Bus stop area on the south side of Central Avenue east of San Mateo Street
o Utility adjustments, as needed
San Mateo Street (Existing) and New San Mateo Street Extension Connecting to Pierce Street
• Install the following improvements on San Mateo Street (existing):
o Street lighting
o Street resurfacing
o Pavement striping and markings and traffic signs
o Class III bike route
o ADA-compliant curb ramps
o Curb and gutter improvements

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INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NOVEMBER 2022 Page | 14
o Sidewalks and planter strips
o Bus stop and shelter (if needed)
o On- and off-street parking reconfiguration
o Driveway aprons
o Undergrounding electrical and telecom utilities
o Storm drain utility improvements
o Utility adjustments, as needed
o Landscaping and bioretention/rain gardens
• Construct a new two-lane roadway connecting Pierce Street to the current terminus of San Mateo Street. This street would be approximately 285 feet long and 42 feet wide measuring to the back of opposite sidewalks. Both the existing and new segments of San Mateo Street would require right-of-way (ROW) acquisition to accommodate road widening and construction of the roadway extension.
• The parcels requiring partial ROW acquisition are located on eight privately owned parcels identified by the following assessor parcel numbers (APNs):
o El Cerrito: 510-053-025 and 510-053-019
o Richmond: 510-053-002, 510-053-005, 510-053-007, 510-053-032, 510-053-033, and 510 053-040
• The parcels requiring full ROW acquisition are located on two privately owned parcels identified by the following assessor parcel numbers (APNs):
o Richmond: 510-053-06 and 510-053-034
The proposed Project would demolish one residential structure, extend new parking into the backyard area of a second residential property, and reconfigure the parking lot. There are approximately 50 existing stalls; however, the existing parking lot configuration and specifically parking stall sizes may not conform to current municipal code requirements. If existing stalls were modernized to conform with existing code requirements the estimate may be below 50 stalls. With the Project reconfiguration the post- Project parking counts will be 40 off-street parking stalls, and up to 3 on- street parking spaces. Therefore, the proposed Project will generate a net loss of approximately 7 parking spaces compared to existing conditions. • Install a new three-way, stop-controlled intersection at San Mateo Street (new portion) and Pierce Street with the following improvements:
o Street resurfacing

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o Pavement striping and markings and traffic signs
o ADA-compliant curb ramps
• Northbound improvements on San Mateo Street at Central Avenue would include construction of a right turn lane and a raised pedestrian island.

Parking for up to two (2) vehicles will be available on the existing segment of San Mateo Street.

Pierce Street
• Install the following improvements on Pierce Street between Central Avenue to 150 feet south of San Mateo Street (new):
o Street lighting
o Street resurfacing
o Pavement striping and markings and traffic signs
o Class III bike route
o ADA-compliant curb ramps
o Curb and gutter improvements
o Sidewalks and planter strips
o On- and off-street parking reconfiguration
o Driveway aprons
o Undergrounding electrical and telecom utilities
o Utility adjustments, as needed
o Landscaping and bioretention/rain gardens
o Extend storm drain to outfall at the creek channel
Saigon Seafood Harbor Restaurant Parking Lot
• Resurface pavement
• Restripe parking lot to provide 32 standard parking spots and two handicap parking spots
• Install Planter strips
• Lighting
• Fencing
• Utility adjustments, as needed
Proposed Saigon Seafood Harbor Restaurant Back Parking Lot • Stripe six parking spots

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• Stripe loading area
• Trash Receptables area
• Lighting
• Fencing
• Utility adjustments, as needed
Ground disturbances within the Project area will range according to Project elements. The majority of impacts (those related to roadway rehabilitation / grading / paving) will be between one and six feet deep, with the exception of the new San Mateo extension that may include impacts to a depth of four to eight feet deep. Deeper impacts will occur related to underground utility relocation (up to 12 feet), the installation of approximately 16 streetlights (up to 12 feet), five traffic signal poles (up to 15 feet), and demolition with associated cleanup of a private residence at 3221 San Mateo Street (up to 8 feet).

3.5.2 Right-of-Way Acquisitions
As noted above, the Project would require ROW acquisitions (herein referred to as ROW Takes) along San Mateo Street and for the road extension to Pierce Street.

Table 1 identifies the parcels included within the Project area and the anticipated takes by parcel number, size, and percentage of the site to be acquired.

The South ROW Take comprises the northern boundary of the Public Storage facility (formerly called Lockaway Storage), southern portion of the Saigon Seafood Harbor Restaurant parking lot, the Residence 1 property, and most of the back yard of the Residence 2 property. This is to accommodate the San Mateo extension to Pierce Street and allow construction of a back parking area to allow continued loading for the restaurant and replace some parking to keep the business viable.

The East ROW Take is on the vacant lot (Former Lumber Yard Property) adjoining the Project area to the east. This includes a strip of land along the Central and San Mateo frontages to accommodate the curb, sidewalk, and gutter, right turn lane, and bus stop.

The North Take area would remove a small area of vegetation belonging to the apartment complex on the southwest corner of Central Avenue and San Mateo Street to allow for a slight relocation of the sidewalk and ADA curb ramp.

The Contra Costa County Real Estate Division will work with local landowners regarding acquisition of these ROW areas. This process is anticipated to take two years, from early 2023 through early 2025.

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Table 1. Estimated Right-of-Way Take Summary
Region Property
Description APN ROW
Acquisition (sf)
Parcel
Area (sf)
Percent
Acquisition
(%)
South ROW
Take
Saigon Seafood
Harbor
Restaurant
510-053-031 0 0 0
South ROW
Take Saigon 510-053-001 0 0 0
South ROW
Take Saigon 510-053-002 2,167
6,418

34 South ROW
Take Saigon 510-053-034 3,209 3,209 100
South ROW
Take Public Storage 510-053-040 204 8,926 2.3
South ROW
Take Public Storage 510-053-005 1,217 4,235 29
South ROW
Take Residence #1 510-053-006 5,392 5,392 100
South ROW
Take Residence #2 510-053-007 2,887 9,627 30
North ROW
Take
Apartment
Complex 510-053-019 106 12,892 0.82
East ROW
Take Vacant Lot 510-053-025 3,774 7,954 47
East ROW
Take Vacant Lot 510-053-032 3,140 72,946 4.3
East ROW
Take Vacant Lot 510-053-033 2,374 31,066 7.6
Total -- -- 24,470 162,665 15

Notes:

APN = Assessor Parcel Number
ROW = right-of-way
sf = square feet

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Table 2. Estimated Street Improvements Summary
Street City of Richmond
(sf)
City of El Cerrito
(sf)
Caltrans ROW
(sf)
Central Ave. 13,550 20,277 1,334
San Luis St. 2,099 0 29
San Mateo St.
(existing) 18,674 8,242 0
San Mateo St.
(proposed) 11,853 0 0
Pierce St. 28,195 0 0
Subtotals 74,371 28,519 1,363
Total -- -- 104,253 sf
For discussion purposes, ROW Takes have been divided into South (Saigon Seafood Harbor Restaurant and commercial/residential structures), North (apartment complex), and East (vacant lot). Areas proposed for acquisition are identified on Figure 3.

3.5.3 Construction Schedule
The construction phase is scheduled to begin in June 2025 and end in June 2027, with an estimated 23 weeks of working days or approximately 6 months.

3.5.4 Construction Staging and Storage
Construction staging and storage areas would be either located in-place within work areas, within the contractor’s personal equipment storage facility, or within the City of Richmond’s corporation yard. No materials shall be stored in the City of El Cerrito public ROW.

3.5.5 Equipment and Labor Force
Various types of equipment would be needed for the construction of the Project elements along the corridor. Small or medium-sized dozers would be used to clear the work area of vegetation and to move soil.

Construction of the roadway would require an excavator, crane, pavement milling machine, a compactor, a grader, asphalt pavers, and rollers to compact the asphalt pavement. Various smaller equipment would be needed like a skip loader, back- hoe, water truck, street sweeper, trucks, and lifting equipment to complete the numerous tasks of this Project.

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Figure 3. Site Map of Proposed Project with ROW Takes
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SEPTEMBER 23, 2022

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A skilled labor force would be required to complete this Project, including equipment operators, steel workers, carpenters, concrete finishers, asphalt paving crews, truck drivers, laborers, and landscape contractors.

3.6 CONSTRUCTION CONTROLS
The Project is required to comply with local, state, and federal regulations pertaining to protection of human health, safety, and environment. In addition, the Project must meet Project-specific permit conditions established by regulatory agencies (see Section 2.3).

The following required conservation measures and construction controls from local, state, and federal agencies have been incorporated into the Project design. In general, the City follows the Caltrans Construction Site Best Management Practices Manual (Caltrans 2017).

3.6.1 Air Quality
The following basic construction controls shall be implemented to minimize impacts to air quality during construction, as required by the Bay Area Air Quality Management District CEQA Guidelines Update (Bay Area Air Quality Management District 2017a):

1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.

2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.

3. 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.

4. All vehicle speeds on unpaved roads shall be limited to 15 mph.

5. 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.

6. 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 shall be provided for construction workers at all access points.

7. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be

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checked by a certified mechanic and determined to be running in proper condition prior to operation.

8. A publicly visible sign shall be posted with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

In addition, Caltrans’ Standard Specifications in Section 14-9 (2015) require the contractor to comply with all applicable air quality laws and regulations. Specific actions include:
• Post a publicly visible sign with large font, providing the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. BAAQMD’s nuisance response phone number shall also be visible to ensure compliance with applicable regulations.
• 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 in large font shall be provided for construction workers at all access points for this requirement. • Construction equipment and vehicles will be properly tuned and maintained.

All construction equipment will use low sulfur fuel as required by CA Code of Regulations Title 17, Section 93114.
• Water or a dust palliative will be applied to the site and equipment as often as necessary to control fugitive dust emissions.
• Soil binder will be spread on any unpaved roads used for construction purposes, and on all Project construction parking areas. • Equipment and materials storage sites will be located as far away from residences and parks as practicable. Construction areas will be kept clean and orderly.
• Track-out reduction measures will be used at Project access points to minimize dust and mud deposits on roads affected by construction traffic.

Dust and mud that are deposited on paved, public roads due to construction activity and traffic will be promptly and regularly removed to reduce PM emissions.
• To minimize spreading dust into the wider community, all transported loads of soils and wet materials will be covered before transport, or adequate freeboard will be provided.

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• To the extent feasible, construction traffic will be scheduled and routed to reduce congestion during peak travel times.
• As soon as practical after grading, the contractor will install mulch or plant vegetation to reduce windblown PM on spoils piles and areas not subject to near-term paving.

3.6.2 Geology and Soils
The Hydrology and Water Quality controls section below outlines erosion and sediment BMPs that would minimize impacts to geology and soils during construction.

3.6.3 Hazards and Hazardous Materials
The Construction General Permit requires that a Spill Prevention Plan be developed along with the Project-specific Stormwater Pollution Prevention Plan (SWPPP) to detail site-specific BMPs to prevent accidental spills from impacting water and land resources. The plan must outline response protocols and information for contacting the San Francisco Bay Regional Water Quality Control Board (RWQCB)and other responsible agencies. Additionally, spill containment and absorbent materials must be kept on-site at all times, and petroleum products and hazardous waste must be removed from the Project area and disposed of at an appropriate location.

3.6.4 Hydrology and Water Quality
Construction activities that disturb one acre or more of land, and construction on smaller sites that are part of a larger project, must comply with a California State Water Resources Control Board (SWRCB) Construction General Permit (Order 2009- 0009-DWQ) that regulates stormwater leaving construction sites. Site owners must notify the state, prepare, and implement a SWPPP and monitor the effectiveness of the plan. The SWPPP must outline measures that will protect hydrology and water quality resources, including groundwater, from negative impacts during construction.

Construction site stormwater BMPs would follow the Construction Site Best Management Practices Manual (Caltrans 2017) to control and minimize the impacts of construction related activities. Some of these controls are also outlined in Section

3.6.1 as mitigations for air quality. The following BMPs, at a minimum, would be implemented at the site during construction:

1. Temporary erosion and sediment control BMPs to prevent the transport of earthen materials and other construction waste materials from disturbed land areas, stockpiles, and staging areas during periods of precipitation or runoff (such as silt fence, erosion control fabric, fiber rolls).

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2. Tracking controls (such as designated ingress and egress areas) and designated staging areas outside of drainage areas.

3. Revegetation of all disturbed areas, including staging with native species only.

4. Temporary BMPs to prevent wind erosion and sediment transport of disturbed areas, such as use of water for dust control and covering of stockpiles.

5. Construction boundary fencing to limit land disturbance to areas not planned for construction.

3.6.5 Traffic During Construction
For activities within a public ROW, a Temporary Traffic Control Plan and Pedestrian Control Plan conforming with the California Manual on Uniform Traffic Control Devices must be prepared and submitted for review and approval prior to issuance of applicable encroachment permits. Reviewing agencies would include Caltrans, El Cerrito, and Richmond for their respective ROWs.

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Section 4 Environmental Evaluation
The following sections evaluate the potential adverse impacts of the Project in compliance with CEQA. Appendix G of the CEQA Guidelines (California Association of Environmental Professionals 2022) provides a sample checklist with a series of questions designed to enable the lead agency, and Caltrans, to identify Project impacts for 20 environmental topics; this IS generally follows this checklist.

Except where a specific threshold has been adopted by a public agency and is specified in the sections below, such as an air quality threshold, Appendix G of the CEQA Guidelines are used as thresholds of significance for the CEQA checklist questions.

Potential environmental impacts are described as follows:
• Potentially Significant Impact: An environmental impact that could be significant and for which no feasible mitigation is known. If any potentially significant impacts are identified in this Checklist, an EIR must be prepared. • Less than Significant Impact with Mitigation Incorporated: An environmental impact that requires the implementation of mitigation measures to reduce that impact to a less than significant level. • Less than Significant Impact: An environmental impact may occur; however, the impact would not exceed significance thresholds. • No Impact: No environmental impacts would result from implementation of the Project.

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4.1 AESTHETICS

4.1.1 Environmental Setting
The Project is located in a highly urbanized area consisting primarily of paved local roadways (Central Avenue, San Mateo Street, Pierce Street, and San Luis Street).

The Project area is surrounded by a mix of single-family residential homes and apartments as well as an assortment of commercial and light industrial buildings.

The I-80/Central Avenue Interchange is approximately 200 feet west of Pierce Street and obstructs views west of the Project area. There is a 2.5-acre vacant property located along the east side of San Luis Street with a current land use entitlement allowing for construction of up to 172 multi-family apartment-type unit There are utility poles obstructing sidewalks along the roadways and landscaping is very sparse in the Project area. There are approximately 47 trees of varying type and size sporadically located along Central Avenue and San Mateo Street. Also, there are a small number of ornamental landscape trees and shrubs in front of a commercial property along Pierce Street.

Existing nighttime light sources in the Project area include street lighting along Central Avenue, San Mateo Street, Pierce Street, San Luis Street, and other adjacent roadways, as well as security lighting from the surrounding residences and commercial buildings.

A Visual Impact Assessment (VIA) was prepared for this Project and is available upon request (Vallier & Associates 2018).

4.1.2 CEQA Checklist Summary
Except as provided in Public Resources Code Section 21099, would the project:

CEQA Question Impact
Determination
a) Have a substantial adverse effect on a scenic vista? No Impact b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings, within a state scenic highway?
No Impact
c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
Less Than Significant
Impact

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CEQA Question Impact
Determination
d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area?
Less Than Significant
Impact

4.1.3 Answers to CEQA Checklist Questions
Except as provided in Public Resources Code Section 21099:
a) Would the project have a substantial adverse effect on a scenic vista? No Impact
Review of the Caltrans Vista Points dataset for Contra Costa County identified the Bird Roosting Island Vista Point west of the Project area along Central Avenue (Caltrans 2015). However, the Project area and designated vista point are separated by the I-80 Interchange and are not within visual proximity of one another.

There will be no significant change in vertical features that could block views within the area from any of the Project roadways. There is existing street lighting that will be relocated within the new roadway alignment but will not significantly alter any views. All other changes will occur at ground level and will provide visual improvements.

Based on the VIA, no scenic vistas were identified within the proposed Project setting (Vallier & Associates 2018). Views southward from Pierce Street to Albany Hill would be unaffected by the Project. Therefore, the Project would have no impact on a scenic vista.
b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
No Impact
No notable scenic resources were identified within the Project setting. Review of the Caltrans Scenic Highway Mapping System for Contra Costa County did not identify any officially designated scenic highways in the immediate vicinity of the Project area that would be impacted as a result of the proposed Project (Caltrans n.d.-a) Because the Project is not located within a designated state scenic highway, there would be no impact.

Based on the VIA, no scenic resources of note, nor any historic buildings, were identified within the Project setting (Vallier & Associates 2018). There are no local or state scenic roadways in the Project viewshed. Therefore, the Project would have no impact on a scenic resource.

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c) In non-urbanized areas, would the project substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
Less Than Significant Impact
The Project is in an urban area and would create minor levels of visual change within a setting of viewer sensitivity ranging from moderate (residents) to low (others). In general, visual changes due to the proposed Project would be relatively minor, including construction of new curbs, new paving and striping, relocation of traffic signals from the Pierce/San Luis intersection to the Central/San Mateo intersection, associated widening at the Central/San Mateo intersection to accommodate new turn lanes, a new bus stop at the southeast corner of the intersection, and a new short roadway extension between two existing roadways.

These comparatively minor visual changes would be consistent with the existing roadway-dominated character of the Central Avenue streetscape. Visual changes proposed for Pierce and San Mateo Streets, including new streetlights, potential undergrounding of utilities, and road extension would also be consistent with their existing character. An existing residence at 3221 San Mateo Street would be removed to accommodate the new proposed roadway alignment. This generally low level of visual change would occur within a setting of viewer sensitivity and response that ranges from moderate (residences) to low (others).

The Project is located primarily within the City of Richmond, with portions of two parcels in the City of El Cerrito. Within Richmond, the Project is located in an area designated in the General Plan for Regional Commercial Mixed-Use. No applicable policies that would pertain specifically to aesthetics or scenic quality of the Project were identified in the Richmond General Plan or Zoning Ordinance.

The El Cerrito portion of the Project is in the Transit Oriented Higher Intensity Mixed-Use General Plan designation and zoning district (City of El Cerrito 2014).

The applicable land use only includes the northwest corner of the apartment complex at San Mateo and Central Avenue, and the zoning does not indicate any specific aesthetic or scenic quality-related requirements applicable to the proposed Project.

Although the Community Development and Design Element of the El Cerrito 1999 General Plan articulates various broad goals for urban design in the city, no policies regarding aesthetics, scenic quality, or urban design that would specifically pertain to the proposed Project were identified. More specific land use and urban design goals and polices in the Plan are described in Design and Development Guidelines, in reference to specific priority development areas, but the proposed Project does not fall within any of these plan areas. The City of El Cerrito San Pablo Avenue

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Specific Plan contains view standards in Section 2.05.02.03 to “acknowledge existing key natural and scenic views of Mount Tamalpais, the Golden Gate Bridge, Albany Hill, the East Bay Hills and the San Francisco Skyline, and to leverage context-sensitive design and minimize the impact of new development on these views” (City of El Cerrito 2014). The proposed Project does not fall within any of these natural and scenic views. Similarly, no specific zoning ordinances relating to the aesthetic/visual aspects of the Project were identified for either Richmond or El Cerrito. Neither Richmond nor El Cerrito identify scenic roadways or highways in their General Plans.

Thus, the Project would not conflict with applicable local zoning, general plan, or other regulations relating to scenic quality. The impact would be less than significant.

The VIA did note a potential nuisance concern regarding the northern wall of the Public Storage building that the sidewalk of the San Mateo Street extension would abut. There is concern that this wall would provide an attractive nuisance for graffiti. While not required to mitigate an impact under CEQA, it is recommended that the City adopt the following minimization and avoidance measure:

Avoidance Measure 1: In the event of future graffiti on the exposed walls, the City shall work with the property owners to coordinate repainting the affected wall with graffiti-resistant paint (per ASTM D6578/D6578M-13) or work with the property owners and arts community to paint a mural in that location. d) Would the project create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area?
Less Than Significant Impact
The Project would not adversely affect day or nighttime views in the area. The Project would relocate the current traffic signal at Central Avenue and San Luis/Pierce Street to the Central Avenue/San Mateo Street intersection. This would not result in an overall increase in lighting.

There will be 13 streetlights protected, 20 new streetlights added, three parking lights removed, and two new parking lights added into the Project area. New pedestrian lighting would be installed along both the existing and proposed segments of San Mateo Street similar in character and intensity to the existing lighting. These light standards would be typical of urban residential neighborhoods and would represent a potential improvement in nighttime safety for the residences on this street. The potential for intrusive night lighting within nearby homes would be minimized by the canopies of new street tree plantings proposed along San Mateo Street in this segment.

Street lighting associated with the traffic signal at Central Avenue and San Luis/Pierce Street would be relocated to the intersection of Central Avenue and San

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Mateo Street. This lighting would be essentially similar in character and intensity to the existing lighting at Central Avenue and San Luis/Pierce Street, thus no new net glare or lighting-associated adverse impacts are anticipated in this segment of Central Avenue.

Overall, no substantial new sources of light or glare are proposed, and no significant adverse effects on day or nighttime views is anticipated.

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4.2 AGRICULTURAL AND FORESTRY RESOURCES

4.2.1 Environmental Setting
The Project site is located in a highly urbanized area of the cities of Richmond and El Cerrito. The Project area is zoned for commercial and residential uses (see Section 4.11, Land Use & Planning). The area has not been used historically for agricultural or timberland production.

There are no agriculture or forestry land uses on or near the Project site. The Contra Costa County Important Farmland 2018 Map depicts that the majority of farmland of regional or state importance in the east regions of Contra Costa County (California Department of Conservation 2018).

4.2.2 CEQA Checklist Summary
Would the project:

CEQA Question Impact
Determination
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
No Impact
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code (PRC) § 12220(g)), timberland (as defined by PRC § 4526), or timberland zoned Timberland Production (as defined by Government Code §
51104(g))?
No Impact
d) Result in the loss of forest land or conversion of forest land to non-forest use? No Impact
e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use?
No Impact

4.2.3 Answers to CEQA Checklist Questions
a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to

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the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
No Impact
As discussed in the Environmental Setting section, the Project is not located in an area of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency (California Department of Conservation 2019a). Additionally, the Project does not propose features that would result in a change in land use; therefore, the Project would have no impact on farmland, nor would it convert farmland to non-agricultural use. b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract?
No Impact
There are no Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) in the Project vicinity therefore, there are no Williamson Act contracts in the vicinity (California Department of Conservation 2016). Because there are no agricultural zoning designations and no Williamson Act contracts associated with the Project, there would be no impact.
c) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code (PRC) § 12220(g)), timberland (as defined by PRC § 4526), or timberland zoned Timberland Production (as defined by Government Code § 51104(g))?
No Impact
There are no forestland or timberland land uses or zoning designations in the Project vicinity. The nature of the Project has no impact on land development or conversion of land use. Therefore, the Project does not have potential to conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production.
d) Would the project result in the loss of forest land or conversion of forest land to non-forest use?
No Impact
There are no forestland or timberland land uses or zoning designations in the Project vicinity. The nature of the Project has no impact on land development or conversion of land use. Therefore, the Project does not have potential result in the loss of forest land or conversion of forest land to non-forest use. e) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non- agricultural use or conversion of forest land to non-forest use?

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No Impact
Refer to responses a-d. There is no potential for this infrastructure Project to result in a conversion of land and there is no farmland or forest land associated with the Project; therefore, there would be no impact on Farmland or agricultural uses.