Agenda — Richmond City Council, March 21, 2023 (part 1 of 12)

PLEASE NOTE: HYBRID MEETING FORMAT

AGENDA(S):

REGULAR MEETING OF THE RICHMOND CITY COUNCIL

Tuesday, March 21, 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
NOTICE: SEATING IN THE CHAMBERS WILL BE LIMITED TO THE FIRST 39 PEOPLE AND MASKS ARE STRONGLY ENCOURAGED.

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
HOW TO WATCH THE MEETING FROM HOME:

1. KCRT – Comcast Channel 28 or AT&T Uverse Channel 99

2. Livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live HOW TO SUBMIT PUBLIC COMMENTS:

In Person: Anyone who desires to address the City Council on items appearing on the agenda, including Open Forum, must complete and file a pink speaker’s card with the City Clerk prior to the City Council’s consideration of the item. Once the City Clerk has announced the item, no person shall be permitted to speak on the item other than those persons who have submitted their names to the City Clerk. Each speaker will be allowed up to TWO (2) MINUTES to address the City Council on NON-PUBLIC HEARING items listed on the agenda. Speakers are allowed up to THREE (3) minutes on PUBLIC HEARING items.

Via Zoom: Anyone who desires to address the City Council on items appearing on the agenda, including Open Forum, must raise their hand once public comment is open. The public speakers attending in person will be called first, followed by Zoom participants. Only those public speakers that have their hand raised once the speakers are called will be recognized.

Open Session and City Council: Please click the link below to join the webinar:
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By iPhone one-tap: US: +16699006833,,99312205643# or +13462487799,,99312205643# By Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592 Webinar ID: 993 1220 5643
International numbers available: https://zoom.us/u/aehrwCgISx To comment by video conference: click on the Participants button at the bottom of your screen and select the “Raise Your Hand” button to request to speak when Public Comment is being asked for. When called upon, press the unmute button. After the allotted time, you will then be re-muted. ** To comment by phone: you will be prompted to “Raise Your Hand” by pressing “*9” to request to speak when Public Comment is asked for. When called upon, you will be asked to unmuted by pressing *6. After the allotted time, you will then be re-muted. Instructions of how to raise your hand by phone are available at:
https://support.zoom.us/hc/en-us/articles/201362663 -Joining-a-meeting-by-phone. ** **The mayor will announce the agenda item number and open public comment when appropriate.

Via mail: received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.
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Via eComments: eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. Email your comment to [email protected] should you have difficulty submitting an eComment during a meeting.

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

Emails MUST contain in the subject line 1) public comments – Open Session prior to Closed Session; 2) public comments – Open Forum; or 3) public comments agenda item #__ [include the agenda item number].

Properly labeled public comments will be considered a public record, put into the official meeting record, available after the meeting as supplemental materials, and will be posted as an attachment to the meeting minutes when the minutes are posted: http://www.ci.richmond.ca.us/Archive.aspx?AMID=31 The City cannot guarantee that its network and/or the site will be uninterrupted. To ensure that the City Council receives your comments, you are strongly encouraged to submit your comments in writing in advance of the meeting.

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

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

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

CONDUCT AT MEETINGS: Richmond City Council meetings are limited public forums during which the City strives to provide an open, safe atmosphere and promote robust public debate. Members of the public, however, must comply with state law, as well as the City’s laws and procedures and may not actually disrupt the orderly conduct of these meetings. The public, for example, may not shout or use amplifying devices, must submit comment cards and speak during their allotted time, may not create a physical disturbance, may not speak on matters unrelated to issues within the jurisdiction of the City Council or the agenda item at hand, and may not cause immediate threats to public safety.

Click here for City Harassment Policy

Accessibility for Individuals with Disabilities: Upon request, the City will provide for written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone 3-21-23, CC Mtg.

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number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to [email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509.

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

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).

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

Pages
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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 - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
• One Case
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Michael Beamer v. City of Richmond, et. al., Superior Court of Contra Costa County, Case no. C20-02096
•
• Winehaven v. City of Richmond
Guidiville Rancheria of California, et al. v. United States of America, et al.
•
North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
•
• City of Richmond v. Pacific Gas & Electric
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
•
C.4 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
• Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
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D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session Agenda only)
E. ADJOURN TO CLOSED SESSION
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F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.

G. PLEDGE OF ALLEGIANCE
H. ROLL CALL
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. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS) (limited to two minutes per Councilmember) (public comment allowed under Open Forum)
N. REPORT FROM THE REIMAGINING TASK FORCE - 3rd Tuesday (public comment allowed under Open Forum)
O. OPEN FORUM FOR PUBLIC COMMENT
P. CITY COUNCIL CONSENT CALENDAR
P.1 City Attorney's Office
P.1.a Approval of Settlement Agreement in Angotti & Reilly (A&R) v. City (dispute regarding BTA Center contract) and Rescind Termination for Cause of A&R.
15 APPROVE a Settlement Agreement with Angotti & Reilly (A&R); and RESCIND the August 19, 2022 termination of the A&R contract for the Booker T. Anderson construction – City Attorney’s Office (Dave Aleshire 510-620-6509).

P.2 City Clerk's Office
P.2.a City Council Meeting Minutes 22
APPROVE the minutes of the Richmond City Council February 21, 2023, meeting, and the special and regular meetings on February 28, 2023, - City Clerk's Office (Pamela Christian 510-620-6513).

P.3 City Council
P.3.a Resolution in support of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). 45 ADOPT resolution in support of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) - Councilmembers Soheila Bana (510-620-6743), Melvin Willis (510- 412-2050) and Vice Mayor Gayle McLaughlin (510-620-6363). 3-21-23, CC Mtg.

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P.4 Community Development
P.4.a Terraces at Nevin Fee Deferral Amendment 50
APPROVE an Amendment to the Terraces at Nevin fee deferral agreement correcting the referenced amount of total impact fees due to ensure proper documentation and accurate records for said agreements recorded against the subject properties – Community Development Department (Lina Velasco/Chris Castanchoa 510-620- 6764).

P.4.b Contract Amendment No. 7 with WSP USA Environmental & Infrastructure, Inc.
97 APPROVE a contract amendment no. 7 with WSP USA
Environmental & Infrastructure, Inc. (formerly Wood Environment & Infrastructure Solutions, Inc.) to increase the contract amount by $163,800, for a total amount not to exceed $1,018,550, through August 31, 2024, to continue to complete ongoing environmental support, including groundwater monitoring, the replacement of a damaged groundwater monitoring well, and the completion of a tidal study at the Terminal One site in compliance with the clean-up order issued by the Regional Water Quality Control Board – Community Development Department (Lina Velasco 510-620-6841).

P.4.c Legal Services Agreement with Civica Law Group, APC for Code Enforcement Legal Services and to Continue the City’s Health and Safety Receivership Program
258
APPROVE a legal services agreement with Civica Law Group, APC, in an amount not to exceed $485,600.44, for a term beginning March 7, 2023 to June 30, 2024, since the attorneys the City currently retained for code enforcement and receivership services moved from Silver & Wright, LLP, and formed a new law firm, Civica Law Group, APC - Community Development Department (Lina Velasco 510-620- 6706).

P.5 Economic Development
P.5.a Sole-Source Contract with Remediation Risk Management, Inc. 282 APPROVE a sole-source contract with Remediation Risk
Management, Inc. for the continued environmental management work of the City’s corporation yard as required by the State of California Regional Water Quality Control Board, in an amount not to exceed $182,446, with a term from July 1, 2022, through June 30, 2025 – Economic Development Department (Nannette Beacham/Craig Murray 510-307-8177).
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P.5.b Shields Reid Park Renovation Public Art Project 332 APPROVE contracts with the following five artists to design, fabricate, and install large scale artworks for the Shields Reid Park Renovation Project, in a total amount not to exceed $580,000, for a term beginning March 22, 2023, and ending June 30, 2026: James Moore in the amount of $70,000; Edwin Marmanillo in the amount of $90,000; Alexandra Bowman in the amount of $110,000; Javier Rocabado in the amount of 110,000; and Lewis Watts in the amount of $200,000 – Economic Development Department (Nannette Beacham 510-621-1306/Winifred Day 510-620-6952).

P.6 Finance Department
P.6.a Sole-Source Contract with GovInvest, Inc. for Financial Software and Consulting Services
610
APPROVE a three-year sole-source contract with GovInvest, Inc., in a total contract amount not-to-exceed $336,400, with a term from March 22, 2022, through June 30, 2026, for software and consulting services related to their Pension, OPEB, Labor Costing, and Financial Forecasting modules – Finance Department (Nickie Mastay/Mubeen Qader 510-412-2077).

P.6.b Contract to Provide a Ten-Year Revenue Forecast. 691 APPROVE a contract with Beacon Economics to provide a ten-year revenue forecast for Property Tax, Sales Tax, Utility User Tax, Documentary Transfer Tax, and Business Tax, in an amount not to exceed $60,000, with a term beginning March 22, 2023, and ending June 30, 2026, with a two-year option to renew at $20,000 per year – Finance Department (Nickie Mastay/Antonio Banuelos 510-620- 6741).

P.6.c Investment and Cash Balance Report, and Monthly Overtime Reports for the Month of January 2023
802
RECEIVE the City’s Investment and Cash Balance Report and monthly Overtime Reports for the month of January 2023 – Finance Department (Nickie Mastay/Mubeen Qader 510-412-2077).

P.7 Information Technology
P.7.a Contract with Contra Costa Electric 817
APPROVE a sole-source contract with Contra Costa Electric in an amount not to exceed $26,500, for emergency repair and
maintenance of the City Hall backup generator transfer switch, with a term from March 22, 2023 through June 30, 2023 – Information Technology Department (Sue Hartman 510-620-6874/Daniel
Chavarria 510-620-5478).
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P.7.b Resolution for Technology Related Services with Esri 858 ADOPT a resolution renewing standing orders, establishing outline agreements for technology related services from Esri, and authorizing the City Manager to negotiate and execute licensing, maintenance, procurement agreements and purchase orders on forms acceptable to the City Attorney in an amount not to exceed $250,000 per year for fiscal years 2023-2024 through 2026-2027 - Information Technology Department (Sue Hartman 510-620-6874).

P.7.c Second Amendment to the Agreement with Superion, LLC for the Continued Licensed Use of the TRAKiT
884
APPROVE a Second Amendment to the Agreement with Superion, LLC for the continued licensed use of the TRAKiT permitting, business licensing, code enforcement, and Citizen Response Management (CRM), extending the term from April 1, 2023, through March 31, 2024, and increasing the contract payment limit by $51,462.92, for a new total contract compensation amount not to exceed $410,046.35 – Information Technology Department (Sue Hartman 510-620-6874).

P.8 Library and Community Services
P.8.a Three-year Contract with Universal Safety & CPR Solutions to Provide Hazardous Materials Training and HAZWOPER 40
Certifications
1032
APPROVE a three-year contract with Universal Safety & CPR Solutions, in an amount not to exceed $31,000, with a term from July 1, 2022 thorugh June 30, 2023, to provide hazardous materials training and HAZWOPER 40 certifications at the RichmondBUILD facility – Community Services Department, Employment & Training (LaShonda White/Tamara Walker/Fred Lucero 510-621-1562).

P.8.b Contract with Rubicon Programs Funded by the California for All Youth Grant
1106
APPROVE a sole-source contract with Rubicon Programs to train Richmond job seekers in blight removal and neighborhood revitalization through the Beautify Richmond Project, for a contract term from March 1, 2023, through June 30, 2024, and for a total notto-exceed amount of $95,323 funded under the California for All Youth Grant from California Volunteers – Community Services Department (LaShonda White/Tamara Walker 510-307-8006). 3-21-23, CC Mtg.

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P.8.c Contract with Witt O’Brien’s, LLC for Consulting Services Related to American Rescue Plan Act (ARPA) Funds
1149
APPROVE a contract with Witt O’Brien’s, LLC to provide consulting services for oversight and compliance related to American Rescue Plan Act (ARPA) funds, in the amount not to exceed $300,000, for a term commencing March 22, 2023, through June 30, 2027, and APPROPRIATE the use of $300,000 in City ARPA funds for this contract – Community Services Department/Finance Department (LaShonda White/Nickie Mastay 510-620-6512).

P.9 Mayor's Office
P.9.a March 10, 2023 - Tibetan Uprising Day in the City of Richmond 1197 PROCLAMATION recognizing March 10, 2023, as Tibetan Uprising Day in the City of Richmond - Mayor Eduardo Martinez (510-620- 6503) and Councilmember Claudia Jimenez (510-620-6565).

P.9.b March 21, 2023 - Nowruz, or Persian New Year, in the City of Richmond
1201
PROCLAMATION recognizing March 21, 2023, as Nowruz, or
Persian New Year, in the City of Richmond - Mayor Eduardo Martinez (510-620-6503) and Councilmember Soheila Bana (510-620-6743).

P.10 Police Department
P.10.a Sole-Source contract with Veritone, Inc. for Software and Conversion Services as they relate to the State of California’s Department of Justice requirements regarding Racial and Identity Profiling Act (RIPA) data.
1208
APPROVE a sole-source contract with Veritone, Inc. for software and conversion services related to the Racial and Identity Profiling Act reporting requirements, for a total not to exceed $45,000, for the term beginning March 21, 2023, through March 21, 2026 – Police Department (Chief Bisa French 510-621-1802).

P.10.b Second amendment to the Contract with Get Polygraphed, Inc. 1241 APPROVE a second amendment to the contract with Get
Polygraphed, Inc. increasing the compensation in an amount not to exceed $30,000, for a total compensation amount not to exceed $60,000, and extending the term to November 1, 2024, for preemployment polygraph examination services – Police Department (Chief Bisa French 510-621-1802).
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P.11 Public Works
P.11.a Purchase of a Litter Vacuum Sweeper 1274
APPROVE the purchase of a new Madvac LS175 Litter Vacuum Sweeper from Owen Equipment in an amount not to exceed
$183,000 including a contingency of $16,437.91 – Public Works Department (Daniel Chavarria 510-620-5478).

P.11.b Purchase of Three Replacement Mowers 1319
APPROVE the purchase of two ZMaster 7500 mowers and one GM5900 mower in an aggregate amount not to exceed $217,000 including a contingency of $19,497.13 – Public Works Department (Daniel Chavarria 510-620-5478/ Dee Karnes 510-231-3044).

P.11.c COWI Contract Amendment No. 1 1374
APPROVE a contract amendment No. 1 with COWI North America, Inc., in the amount of $108,910, for a new total contract amount not to exceed $388,050, for a term extending through December 31, 2024, to provide engineering services during the bid and construction phase and Final Plans and Specifications of the Terminal Four Wharf Removal Project, to be funded by the State Coastal Conservancy grant – Public Works Department (Daniel Chavarria 510-620-5478).

P.11.d Contract with Security Signal Devices, Inc. 1425 APPROVE a contract with Security Signal Devices, Inc. for intrusion and fire alarm maintenance and monitoring services for City buildings, in an amount not to exceed $450,000, over a three-year period beginning March 21, 2023, and ending March 21, 2026, with an option to extend an additional two years, in a total amount not-toexceed $300,000 for the additional two-year period – Public Works Department (Daniel Chavarria 510-620-5478/Carl Capistrano 510- 620-6896).
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P.11.e Contract for the FY 2022-23 Grade 5 Risk Assessment Analysis (RAA) Sewer Line Replacement of The Sanitary Sewer Collection System per the Baykeeper Settlement Agreement
1507
ADOPT a resolution authorizing the issuance of a task authorization to Veolia Water to manage (on behalf of the City) subcontracts with:

D’Arcy and Harty Construction, Inc., VW Housen and Questa Engineers to replace and or rehabilitate specific sanitary sewer pipelines, in an amount not to exceed $2,075,622 [D’Arcy and Harty Project cost of $1,319,500 plus 16.5 percent mark-up of $217,718, plus 30 percent contingency of $395,980 plus 16.5 percent mark-up of $65,315; VW Housen project cost of $36,000 plus 16.5 percent mark-up of $5,940, plus 30 percent contingency of $10,800, plus 16.5 percent mark-up of $1,782; Questa Engineers Project Cost of $15,000, plus 16.5 percent mark-up of $2,475, plus 30 percent contingency of $4,500, plus 16.5 percent mark-up of $743)] - Public Works Department (Daniel Chavarria 510-620-5478/Mary Phelps 510-621-1269).

P.11.f City Council approved an Encroachment Agreement application at 130 E. Scenic Ave. At City Council’s direction, City entered into an Encroachment Agreement with owners; it now presents the executed Agreement to City Council, pursuant to RMC 12.30.200.
1562
ADOPT a resolution to approve the Encroachment Agreement between the City and the title of record property holders of 130 E.

Scenic Avenue for a private landowner fence encroachment into the unimproved public right-of-way at said address; and reaffirm its decision that the findings pursuant to RMC 12.30.190(a)(1)(A-G) have been met. The executed Encroachment Agreement will be recorded on the property’s title and thereby bind successors in perpetuity. – Public Works Department (Daniel Chavarria/Robert Armijo 620-5477)
Q. BUDGET SESSION
Q.1 City of Richmond Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2022
1612
RECEIVE a report on the City’s Annual Comprehensive Financial Report (ACFR) for Fiscal Year 2021-2022 – Finance Department (Nickie Mastay/Mubeen Qader/Jerry Chak 510-620-6569).

R. NEW BUSINESS
R.1 Addition of Staff to the Mayor’s Office to expand City Council capacity for the budget process
1915
APPROVE the hiring of the one staff person within the Mayor’s Office to support the City Council – Mayor’s Office (Mayor Eduardo Martinez 510-620- 6503), Councilmember Doria Robinson (510-620-6568), Councilmember Claudia Jimenez (510-620-6565).
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R.2 Creation of a Municipal Wastewater Oversight Ad Hoc Committee 1934 CREATE a Wastewater and Storm Drain Ad Hoc Committee in the City of Richmond consisting of three City Council members – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

S. ADJOURNMENT
________________________
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March 21, 2023
City Attorney's Office
DATE: March 21, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Dave Aleshire, City Attorney
Stephen Onstot, Litigation Counsel
Christine M. Carson, Litigation Counsel
Subject: Approval of Settlement Agreement in Angotti & Reilly (A&R) v. City (dispute regarding BTA Center contract) and Rescind Termination for Cause of A&R.

FINANCIAL IMPACT: The City would pay $75,000 to A&R within 30 days of approval of the settlement agreement. Each side would
waive their claims against one another, but they would
also avoid the costs of litigation, a trial, and any appeals.

The account string is General Liability 50182316 -
400553.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Angotti & Reilly (A&R) and the City have accepted a
mediator’s proposal to settle their contract dispute,
subject to approval of a signed settlement agreement.

The settlement agreement includes an agreement that
the City will rescind its August 19, 2022 termination for cause of the A&R contract with the City.

RECOMMENDED ACTION: APPROVE a Settlement Agreement with Angotti & Reilly (A&R); and RESCIND the August 19, 2022 termination of
the A&R contract for the Booker T. Anderson
construction – City Attorney’s Office (Dave Aleshire 510- 620-6509).

AGENDA
REPORT

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March 21, 2023
DISCUSSION:
 The City terminated A&R’s contract to rebuild the BTA Community Center (“Contract”) in August, 2022 and contracted with another contractor, Arntz, to complete the project.
 A&R filed a government claim on February 3, 2023, alleging $385,784 in damages due to the City’s termination of their Contract. The City sent notice of opportunity to request leave to file a late claim because the Contract required a claim to be made within 100 days of the termination. The City asserted A&R’s claim was time-barred; the City also asserted claims against A&R for the difference between the A&R contract cost and Arntz contract ($584,200).  The Contract required mediation. Following an unsuccessful mediation, the mediator in this matter proposed a settlement in which the City would pay A&R $75,000 within 30 days; the City would rescind its termination of A&R for cause; and both sides would release one another of all claims. Both A&R and the City agreed to the mediator’s proposal – subject to approval and execution, by both sides, of a settlement agreement.
 Attached hereto is a Settlement Agreement, approved as to form, by the City Attorney settling the matter. It has been signed by A&R.  As part of the terms of the settlement, the Board would withdraw the August 19, 2022 termination for cause of A&R, thus the agenda contains a separate line item for withdrawal of the termination for cause. The Settlement Agreement states that neither party makes any admissions by settling the case and executing the terms of the Settlement Agreement.

DOCUMENTS ATTACHED:

Attachment 1 – Settlement Agreement signed by Angotti & Reilly.

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01337.0041/863609.1 1

SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release (“Agreement”) is entered into by and between Angotti & Reilly, Inc. (“A&R”) and the City of Richmond (“City”). A&R and the City are collectively referred to as “Parties” and individually as “Party.” Recitals
A. WHEREAS, on May 16, 2022, A&R and the City entered into a Construction Agreement (“Contract”) for the Booker T. Anderson Community Center Fire Damage Reconstruction Project in Richmond, California (“Project”).

B. WHEREAS, on or about August 19, 2022, the City Council voted to terminate the Contract based on the recommendation of the City’s staff.

C. WHEREAS, disputes have arisen between the Parties concerning the City’s termination of the Contract.

D. WHEREAS, on January 27, 2023, the Parties mediated their dispute before Bruce Edwards of JAMS, following which a mediator’s proposal was made by Mr. Edwards by letter dated February 2, 2023.

E. WHEREAS, on or about February 22, 2023, each Party accepted the mediator’s proposal.

NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows:

1. Consideration. Within thirty (30) calendar days following full execution of this Agreement, the City will cause to be delivered to A&R a check payable to “Angotti & Reilly, Inc.” in the sum of Seventy-Five Thousand Dollars ($75,000.00) (“Settlement Payment”).

2. Rescission of Termination. At the earliest opportunity following full execution of this Agreement, but no later than sixty (60) calendar days following full execution of this Agreement, the City will rescind approval of the “Recommended Action” taken at the City Council meeting on August 19, 2022 terminating the Contract. Should any inquiry be made regarding termination of the Contract, the City shall inform the inquiring party that termination of the Contract was rescinded by the City.

3. Release by A&R. Once the funds representing the Settlement Payment have cleared the bank upon which such funds are drawn and the City has rescinded approval of the “Recommended Action” taken at the City Council meeting on August 19, 2022 terminating the Contract, A&R, on behalf of itself and its officers, directors, shareholders, employees, subsidiaries, affiliated companies, agents, representatives, attorneys and all persons acting by, through, under, or in concert with any of them, releases, waives, abandons, and forever discharges the City and its City Council, the City’s officers, employees, agents, representatives,

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01337.0041/863609.1 2
attorneys and all persons acting by, through, under, or in concert with any of them from and against any and all actions, claims, grievances, liabilities, obligations, costs, fees, losses, debts, expenses, damages, causes of action, suits, rights, and demands of any nature whatsoever, whether known or unknown, suspected or unsuspected, or disclosed or undisclosed related to the Contract and the Project.

4. Release by City. Upon full execution of this Agreement, the City releases, waives, abandons, and forever discharges A&R and its officers, directors, shareholders, employees, subsidiaries, affiliated companies, agents, representatives, attorneys and all persons acting by, through, under, or in concert with any of them, from and against any and all actions, claims, grievances, liabilities, obligations, costs, fees, losses, debts, expenses, damages, causes of action, suits, rights, and demands of any nature whatsoever, whether known or unknown, suspected or unsuspected, or disclosed or undisclosed related to the Contract and the Project.

5. Waiver. Each Party, on behalf of themselves and their officers, directors, shareholders, employees, subsidiaries, affiliated companies, agents, representatives, attorneys and all persons acting by, through, under, or in concert with any of them, waive any and all rights they may have against the other Party under Civil Code section 1542, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.

Each Party, on behalf of themselves and their officers, directors, shareholders, employees, subsidiaries, affiliated companies, agents, representatives, attorneys and all persons acting by, through, under, or in concert with any of them, further waive any and all rights they may have against the other Party under any similar law of any state or territory of the United States.

6. No Admission. This Agreement is a compromise of disputed claims, and neither the execution and delivery of this Agreement, nor the performance of any obligations thereunder, shall be construed as an admission of liability on the part of any of the Parties.

7. Costs and Fees. The Parties shall bear their own attorneys’ fees and other costs incurred prior to the execution of this Agreement.

8. Representation by Counsel. The Parties represent that they have been represented by independent counsel, that the terms and conditions of this Agreement have been explained to them by their counsel, and that those terms and conditions are understood and voluntarily accepted by them.

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01337.0041/863609.1 3

9. Authority. The Parties represent that they are authorized to enter into this Agreement and that the persons executing this Agreement on their behalf have the authority and capacity to do so.

10. Construction. This Agreement shall not be construed against any of the Parties and the rule of construing contract ambiguities against the party drafting the contract shall be inapplicable.

11. Effect of Headings. The headings used in this Agreement are for convenience only and shall not affect the construction or interpretation this Agreement.

12. Word Usage. Unless the context clearly requires otherwise, plural and singular numbers will be considered to include the other; the masculine, feminine, and neuter genders will each be considered to include the others; “shall,” “will,” “must,” “agree,” and “covenants” are each mandatory; “may” is permissive; “or” is not exclusive; and “includes” and “including” are not limiting.

13. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter herein, supersedes all prior or contemporaneous oral or written agreements between the Parties concerning the disputed claims being resolved in this Agreement, and may only be amended by an instrument in writing executed by the Parties.

14. Successors and Assigns. This Agreement shall be binding upon, and inure to the benefit of, the successors and assigns of the Parties.

15. Counterparts. This Agreement may be executed in counterparts, a facsimile of which shall be deemed an original, and all of which shall together be deemed one and the same instrument.

16. Attorneys’ Fees. In the event any legal action is brought which arises out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in such legal action, in addition to any other relief to which it may be entitled.

17. Governing Law and Venue. This Agreement shall be construed under, and governed by, the laws of the State of California.

18. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such invalid or unenforceable provision(s) shall not affect the validity or enforceability of any other provision of this Agreement.

19. Time of Essence. Time is of the essence under this Agreement.

20. Cooperation. The parties shall cooperate and execute any additional documents reasonably necessary to give full force and effect to this Agreement.

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01337.0041/863609.1 4
IN WITNESS WHEREOF, the parties to this Agreement have duly executed it on the day and year set forth below.

Dated: March , 2023 ANGOTTI & REILLY, INC.

By:

Print Name
Its:

Dated: March , 2023 CITY OF RICHMOND
By:

Eduardo Martinez, Mayor
ATTEST:
_____________________________
Pamela Christina, City Clerk
Approved as to Form:

ALESHIRE & WYNDER, LLP NOMOS LLP
By: By:

David J. Aleshire, City Attorney

CITY OF RICHMOND
Garret D. Murai
Attorney for
ANGOTTI & REILLY, INC.

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1 RICHMOND, CALIFORNIA,
February 21, 2023, 4:30 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The meeting was called to order at 4:31 p.m. by Mayor Eduardo Martinez via teleconference.

B. ROLL CALL

Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez Absent:

Councilmember Melvin Willis arrived after the roll was called.

C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9)  One case
C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
 One Case
C.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  DKD of Hilltop, Inc., et al. v. City of Richmond
 Californians for Homeownership, Inc. v. City of Richmond C.4 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
 Property: 1324 Canal Boulevard (General Warehouse, Port of Richmond) Agency negotiator: Dave Aleshire, Lizeht Zepeda, and Nannette Beacham Negotiating parties: Richmond Grown Under negotiation: Price and terms of payment
C.5 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
 Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

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

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

3. Richmond Police Officers Association RPOA

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2 4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
D. PUBLIC COMMENT BEFORE CLOSED SESSION
Joe Summers, John Varga, Kevin Tisdell, Gregory Everetts, Isaac Martine, Jamaica Reddick, and Henry Powell gave comments regarding support of the immediate implementation of the Class and Compensation Study and continued negotiations with SEIU Local 1021.

E. ADJOURN TO CLOSED SESSION
The meeting adjourned at 4:44 p.m. Closed Session adjourned at 6:36 p.m.

F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
The meeting was called to order at 6:37 p.m. by Chair Eduardo Martinez via teleconference.

G. ROLL CALL

Present: Commissioners Soheila Bana, Claudia Jimenez, Doria Robinson, Cesar Zepeda, Melvin Willis, Vice Chair Gayle McLaughlin, Chair Eduardo Martinez, and Tenant Commissioner Jaycine Scott. Absent: None.

H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional Video was shown.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. REPORT FROM THE EXECUTIVE DIRECTOR
Interim Executive Director Gabino Arredondo reported on the Hacienda Leasing Update; and Nevin Plaza Heat Issue.

K. AGENDA REVIEW
None.

L. HOUSING AUTHORITY OPEN FORUM
None.

M. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Commissioner Cesar Zepeda
Seconded by Vice Chair Gayle McLaughlin
Ayes (8) Commissioners Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Chair Gayle McLaughlin, Chair Eduardo Martinez, and Tenant Commissioner Jaycine Scott.
(Passed 8 to 0)
M.1 Housing Authority Meeting Minutes
APPROVE the minutes of the Richmond Housing Authority December 20, 2022, and January 17, 2023, special meetings - City Clerk's Office (Pamela Christian 510-620-6513).

M.2 Continued use of teleconference technology

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3 ADOPT a resolution requiring the continued use of teleconferencing for the meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361 scheduled to end February 28, 2023 – City Clerk’s Office (Pamela Christian 510-620-6513).

Adopted Resolution No. 2177
N. ADJOURNMENT
There being no further business, the meeting adjourned at 6:52 p.m.

O. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The meeting was called to order by Mayor Eduardo Martinez at 6:52 p.m. via teleconference.

P. ROLL CALL

Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Cesar Zepeda, Melvin Willis, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez

Absent: None.

Q. STATEMENT OF CONFLICT OF INTEREST
Councilmember Robinson stated conflict of interest on Item W.6.a. - Grant Application for the California Department of Food and Agriculture Fairground and Community Resilience Centers Program.

R. AGENDA REVIEW
Items W.1.a. - Chevron Hydrogen Project Legal Services Agreement, and W.5.d - Fourth Contract Amendment with the Segal Group were removed from the Consent Calendar for discussion. Item W.7.d. - Community Police Review Commission Appointment was tabled by Mayor Martinez.

S. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9)
· One case - Discussion with no reportable action
C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
· One Case - Discussion with no reportable action
C.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) · DKD of Hilltop, Inc., et al. v. City of Richmond - Not discussed · Californians for Homeownership, Inc. v. City of Richmond - Status report given and no reportable action taken
C.4 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) - Not discussed
· Property: 1324 Canal Boulevard (General Warehouse, Port of Richmond) Agency negotiator: Dave Aleshire, Lizeht Zepeda, and Nannette Beacham Negotiating parties:

Richmond Grown Under negotiation: Price and terms of payment C.5 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) - Discussed with no reportable action
· Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
T. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl reported the following: Commended the City Council and Finance Department for an upgrade of the City's Credit Rating to A.3; Several Black History Month programs were scheduled in honor of recreation and sports leaders on Thursday, February 26, 2023, at 6.p.m. in the Council Chambers; The Art of the African Diaspora Exhibit would be at the Richmond Art Center until March 1, 2023, for more information contact [email protected] or by calling the City Manager's Office at 510-620-6513; Odor reports could be made by contacting Bay Area Air Quality Management District (BAAQMD) at 800-334-3667, baaqmd.gov. or by contacting the City Manager's Office at 510-620-6512.

Councilmember Jimenez requested that the employee vacancy report was given at each City Council meeting under the Report from the City Manager agenda item.

U. REPORT FROM THE REIMAGINING TASK FORCE - 3rd Tuesday (public comment allowed under Open Forum)
Reimagining Task Force Chair Deborah Small reported that the task force received an update by Urban Strategies regarding a plan for the Community Emergency Response Plan. Ms. Small also welcomed Jamin Pursell and Lea Murray as newly appointed members to the task force.

V. OPEN FORUM FOR PUBLIC COMMENT
Rita Barouch asked the city council to support Item W.3.a. urging that Cuba be removed from the U.S. list of State Sponsors of Terrorism.

Don Gosney gave comments regarding the importance of democracy and being open to varying ideas that would better Richmond as a whole.

Andrew Cann, Carolina de Barros, Richard Johnson, Sally Tobin, Graham, Rod Satre, Roger Cain, Doug Williams, Suzie, Karlyn Neel, and Tim Knowles stated concerns regarding the Keller Beach Sewer Relocation Plan due to nauseous gases, lack of public input and the need to study other alternatives.

Luis Chacon and Fernando Guzman requested that the Gary Family be recognized for their contributions to Richmond.

Councilmember Bana thanked Public Works Director Daniel Chavarria for his assistance with the Wilke Creek mudslide. Councilmember Bana would also like to acknowledge the history and contributions by the Gary Family to Riichmond.

Councilmember Robinson gave comments regarding the Gary Family and stated that the Richmond Museum of History had information about the Gary Family.

Daniel Chavarria stated that agenda Item X-2 Keller Beach Sanitary Sewer Temporary Urgency Ordinance was a moratorium to not allow any more connections to the sewer line. There was a feasibility study prepared and there was not a project proposed at this time.

Councilmember Jimenez suggested that a presentation be made to the Gary Family and that Richmond High School students were invited.

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5 Vice Mayor McLaughlin thanked Rita Barouch for assisting with preparation of the resolution in support of removal of Cuba from the list of state sponsors of terrorism.

Vice Mayor McLaughlin stated that the Gary Family was recognized by the City Council a few years ago.

W. CITY COUNCIL CONSENT CALENDAR
Councilmember Robinson did not vote on Item W.6.a. due to conflict of interest.

Motion by Councilmember Cesar Zepeda
Seconded by Vice Mayor Gayle McLaughlin
Ayes (7): Councilmember Soheila Bana, Councilmember Claudia Jimenez, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez Passed (7 to 0)
W.1 City Attorney's Office
W.1.a Chevron Hydrogen Project Legal Services Agreement APPROVE a legal services agreement with Aleshire & Wynder for legal representation related to a proposed Chevron Hydrogen Fuel project, with the term expiration date of June 30, 2024, and for a total amount not to exceed $85,000 to be paid by fees collected from the project applicant - City Attorney’s Office (James Atencio 510-620-6509).

Continued the item to the March 7, 2023, City Council meeting.

W.1.b Approval of Settlement Agreement and General Release for Former Retired Annuitant, Jim Nantell
APPROVE a Settlement Agreement and General Release with former retired annuitant Jim Nantell; and AUTHORIZE the city manager to execute the agreement – City Attorney’s Office (Dave Aleshire 510-620- 6509).

W.1.c Third Amendment to a contract with Burke, Williams & Sorensen, LLP to assist with RHA Asset Repositioning and, as requested, citywide affordable housing projects.

APPROVE a third amendment to the legal services contract with Burke, Williams & Sorensen, LLP to increase contract payment limit by $55,000, for a new total contract amount not to exceed $355,000, for assistance with Richmond Housing Authority Asset Repositioning and, as requested, city-wide affordable housing projects, and extending the expiration date to June 30, 2024 - City Attorney’s Office (Shannon Moore 510-620-6509).

W.2 City Clerk's Office
W.2.a City Council Meeting Minutes
APPROVE the minutes of the Richmond City Council Orientation meeting on January 17, 2023, and the minutes of the January 24 and February 7, 2023, regular meetings - City Clerk's Office (Pamela Christian 510-620-6513).

W.2.b Continued Use of Teleconferencing

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6 ADOPT a resolution requiring the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361 scheduled to end February 28, 2023 – City Clerk’s Office (Pamela Christian 510-620-6513).

Adopted Resolution No. 14-23
W.3 City Council
W.3.a Resolution urging that Cuba be removed from U.S. list of State Sponsors of Terrorism
ADOPT a Richmond City Council resolution urging that Cuba be removed from U.S. list of State Sponsors of Terrorism; and DIRECT City staff to send a copy of the resolution and a cover letter to President Biden and our congressional delegation – Vice Mayor Gayle McLaughlin (510-620- 6636).

Adopted Resolution No. 15-23
W.3.b Approval to attend the Community Village Symposium in Austin, Texas APPROVE travel requests to attend the Community Village Symposium in Austin, Texas in April – Councilmembers Soheila Bana (510-620-6743) and Cesar Zepeda (510-620-6593).

W.4 Fire Department
W.4.a Appropriate General Fund for Personal Protective Equipment and Increase Limit of Purchase Order with LN Curtis & Sons.

APPROVE a standing purchase order limit increase in the amount of $250,000, for a new total purchase order amount not to exceed of $716,000, with a term extended through January 20, 2024; and APPROPRIATE $199,500 from the General Fund, for the procurement of personal protective equipment (PPE), firefighting tools, and safety supplies – Fire Department (Chief Angel Montoya 501-307-8041/Aaron Osorio 510-307-8021).

W.4.b Appropriate Additional Funds to Allow the Rotation of Fire Personnel to Staff the 2023 Fire Academy.

APPROPRIATE additional funds in the amount of $148,469.82 to augment the Fire Department’s Fiscal Year 2022 –2023 Overtime Budget to allow the rotation of one firefighter, one fire engineer, and one fire captain to staff the 2023 Fire Academy for twelve weeks, and backfill the three temporarily vacant roster assignments by authorizing the overtime of existing staff – Fire Department (Chief Angel Montoya 510-307-8038).

W.5 Human Resources
W.5.a Contract amendment for Municipal Resource Group (MRG), Peer Advocates and The Consulting Team
APPROVE contract amendments with Municipal Resources Group (MRG), Peer Advocates, and The Consulting Team in the amounts of $150,000 per contract, for the total contract limit amounts not to exceed $200,000 per contract, for a total of $600,000, for facilitation, conflict resolution, consultation and/or training services, for a three-year period extending through June 30, 2026; and APPROPRIATE the funds as needed – Human Resources Department (Sharrone Taylor/Nickie Mastay 510-620-6602).

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7 W.5.b Contract with GovernmentJobs.com dba NEOGOV
APPROVE a sole-source contract with GovernmentJobs.com dba NEOGOV, in an amount not to exceed $50,984.65, for a three-year subscription to Insight Enterprise and GovernmentJobs.com, with a term from January 28, 2023, through January 27, 2026 – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

W.5.c Resolution Amending Staffing (Position Control) for the Community Services Department, City Attorney’s Office, and Police Department ADOPT a resolution amending staffing (position control) for the Community Services Department, City Attorney’s Office, and Police Department; and APPROPRIATE the required wages, salaries, and benefits costs – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

Adopted Resolution No. 16-23
W.5.d Fourth Contract Amendment with the Segal Group (Western States) DBA Segal
APPROVE a fourth contract amendment in the amount of $20,000 with The Segal Group, Inc., for a total amount not to exceed $350,000, to provide consultation services regarding implementation of the classification and compensation study, with a term extending through December 31, 2023 - Human Resources Department (Nickie
Mastay/Sharrone Taylor 510-620-6602).

Continued the item to the February 28, 2023, City Council meeting.

W.6 Library and Community Services
W.6.a Grant Application for the California Department of Food and Agriculture Fairground and Community Resilience Centers Program
ADOPT a resolution approving the Community Services-Recreation Department’s request to authorize it to file a grant application for the California Department of Food and Agriculture Fairground and Community Resilience Centers Program; and to approve its proposed, potential partnership list in said grant - Community Services Department (LaShonda White/Ranjana Maharaj/Jene Levine-Snipes 510-620-6793).

Councilmember Robinson recused from voting on the item.

Adopted Resolution No.17-23
W.7 Mayor's Office
W.7.a Revised 2023 Appointments to Committees and Liaison Positions APPROVE the revised liaison appointment and the addition of a committee to the Regional Committees, Ad-Hoc Committees and Liaison Positions for the year of 2023 - Mayor’s Office (Mayor Eduardo Martinez 510-620- 6503).

W.7.b Richmond Arts and Culture Commission Appointment

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8 APPOINT Carole J Porter to the Richmond Arts and Culture Commission, Term Expires January 31, 2027 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

W.7.c Recreation and Parks Commission Appointment
APPOINT Dani Lanis to the Recreation and Parks Commission, term expires, October 26, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

W.7.d Community Police Review Commission Appointment
APPOINT Michael Caesar to the Community Police Review Commission, term expires, November 1, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

Mayor Martinez tabled the item.

W.7.e Economic Development Commission Appointment
Appoint Christina Kenney to the Economic Development Commission, term expires, March 30, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

W.7.f Youth Council Appointment
APPOINT Scarlett Perez to the Youth Council, term expires, October 1, 2023 – Mayor’s Office (Eduardo Martinez 510-620-6503).

W.7.g Commission on Aging Appointment
APPOINT Darlene Drapkin Rios to the Commission on Aging, term expires, May 19, 2027 - Mayor’s Office (Mayor Eduardo Martinez 510- 620-6503).

W.7.h Reimagining Public Safety Community Task Force Appointment APPOINT Lea Murray and Jamin Pursell to the Reimagining Public Safety Task Force, terms expire, June 30, 2024 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

W.8 Public Works
W.8.a Application for the Transportation Development Act (TDA) Article 3 Pedestrian and Bicycle Funding for Fiscal Year 2023-24
ADOPT a resolution authorizing a request to the Metropolitan Transportation Commission for the allocation of fiscal year 2023-2024 Transportation Development Act Article 3 pedestrian/bicycle project funding for the Carlson Blvd Path & Bike Education Project; and to ACCEPT and APPROPRIATE the funds should the grant be awarded – Public Works Department (Robert Armijo 510-620-5477/Ken Cheng 510- 621-1612).

Adopted Resolution No. 18-23
W.8.b Purchase of Police Pursuit Dodge Durango Vehicles APPROVE the purchase of twenty 2023 4-door Police Pursuit Dodge Durango All Wheel Drive Sport Utility vehicles from Elk Grove Auto Group in a total amount not to exceed $975,000 – Public Works Department (Daniel Chavarria 510-620-5478).

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9 W.8.c Private Sewer Lateral Grants for Brickyard Cove Homeowner’s Association Number Two
ADOPT a resolution authorizing participation by the Brickyard Cove Association Number 2 in the City’s private sewer lateral grant program and approval of the private sewer lateral grant award to this development, in the amount of $16,200, for the replacement of multiple laterals that is consistent with the current grant program guidelines – Public Works Department (Daniel Chavarria 510-620-5478/Mary Phelps 510-621-1269).

Adopted Resolution No. 19-23
W.8.d Contract with Sonoma Technology, Inc. for the Upgrade of the Hydrogen Sulfide Monitoring and Maintenance System
APPROVE a three year sole-source contract with Sonoma Technologies, Inc., in an amount not to exceed $340,046, with a term ending December 31, 2025, to upgrade the existing Jerome® Hydrogen Sulfide meters and for continuous monitoring and maintenance of the data, with a two year renewal option in the amount of $208,698, for a total not-to-exceed contract limit of $548,744 – Public Works Department (Daniel Chavarria 510-620-5478/Mary Phelps 510-621-1269).

W.8.e Contract with Wiss, Janney, Elstner Associates, Inc. (WJE) for Historic Resource Evaluations
APPROVE a sole-source contract with Wiss, Janney, Elstner Associates, Inc. (WJE), in an amount not to exceed $250,000, for a term ending June 30, 2024, to provide evaluation and related design services of certain historic structures at Winehaven Historic District and Shipyard No. 3 Historic District – Public Works Department (Daniel Chavarria 510-620- 5478/Lina Velasco 510-620-6841).

Continued to the March 7, 2023, City Council meeting.

X. PUBLIC HEARINGS
X.1 Public Hearing to consider approval of an Encroachment Agreement Application for a private landowner encroachment into the unimproved public right of way at 130 E. Scenic Avenue
The City Clerk Pamela Christian announced that this item was a public hearing to adopt a resolution to approve an Encroachment Agreement Application for a private landowner fence encroachment into the unimproved public right- of- way at 130 E. Scenic Avenue; and, DIRECT City staff to enter into an Encroachment Agreement regarding same to be recorded on the landowner’s property title – Public Works Department (Daniel Chavarria/Robert Armijo 510-620-5477).

Deputy Director of Public Works/City Engineer Dave Armijo and Applicant Eli Berland gave an overview. Discussion ensued.

Mayor Martinez opened the public hearing. The following individuals gave comments via teleconference: Leopoldo Lopez, Jami Spittler, Matthew Cotton, Ralph Jacobson, Tom Butt, Rod Satre, Leopoldo Lopez, Jean Reynolds, Daniel Butt, Bill Berland, and Richard Katz.

Mayor Martinez closed the public hearing.

A motion was made to adopt the resolution, made the findings in the staff report and add reflectors to the fence.

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10 Motion by Councilmember Melvin Willis
Seconded by Vice Mayor Gayle McLaughlin
Ayes (6): Councilmember Claudia Jimenez, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez
Noes (1): Councilmember Soheila Bana
Passed (6 to 1)
X.2 Keller Beach Sanitary Sewer Temporary (45-day) Urgency Ordinance The City Clerk Pamela Christian announced that this item was to adopt an urgency ordinance, pursuant to Government Code Section 65858, establishing a temporary moratorium (45 days) on the issuance of certain building permits for development requiring a new sewer connection to the Keller Beach Sanitary Sewer and Declaring the Urgency thereof pursuant to Government Code Section 65858. The Ordinance is not a project under the California Environmental Quality Act (CEQA), in that it maintains the existing physical environment and prevents changes in the environment and so does not have the potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines Section 15378(a)). It is also exempt under Guidelines Sections 15060(c)(2), as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and Section 15061(b)(3), as there is no possibility that the adoption of this ordinance may have a significant effect on the environment because it maintains the existing condition of the environment. – Public Works Department (Daniel Chavarria 510- 620-5478).

Jenny Melman Civil Engineer at Coastland presented a PowerPoint, which highlighted the following: Parcels Tributary to KBSS, Major findings; Need for a Moratorium. The public hearing was opened. The following individuals gave comments via teleconference: Clair Arbour, Andrew Cann, Norm Hantzsche, Rod Satre, and Paula Lavine.

Mayor Martinez closed the public hearing. Discussion ensued.

At 10:59 p.m. a motion was made by Councilmember Jimenez, seconded by Vice Mayor McLaughlin extended the meeting until 11:30 p.m., by the unanimous vote of the city council. Further discussion ensued.

At 11:31 p.m. a motion was made by Councilmember Willis, seconded by Councilmember Zepeda suspended the rules and extended the meeting until the conclusion of current Item X.2.

A motion was made to adopt the urgency ordinance and scheduled a community meeting to be held no later than the first week of April 2023.

Adopted Ordinance No. 02-23 N.S.

Motion by Councilmember Cesar Zepeda
Seconded by Councilmember Melvin Willis

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11 Ayes (7): Councilmember Soheila Bana, Councilmember Claudia Jimenez, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez Passed (7 to 0)
X.3 THIS ITEM HAS BEEN CONTINUED TO THE MARCH 7, 2023, CITY COUNCIL MEETING.

Public Hearing to Consider Encroachment Agreement Application Approval APPROVE an Encroachment Agreement Application for private landowner fence encroachment into the unimproved public right of way at 8 Western Drive; and AUTHORIZE the City to enter into a recorded Encroachment Agreement regarding same, to be recorded on the landowner’s property title - Public Works Department (Daniel Chavarria 510-620-5478/Robert Armijo 510-520-5477).

Y. BUDGET SESSION
Y.1 Budget Presentation
RECEIVE budget presentations from the City Manager, Capital Improvement Projects, Internal Services (Information Technology, Human Resources, Finance), Economic Development, City Clerk, City Council, Mayor’s Office - Finance Department (Shasa Curl/Delmy Cuellar 510-620-6790). This item was continued from the February 7, 2023, meeting.

Continued to the February 28, 2023, City Council meeting.

Y.2 Budget Presentations
RECEIVE budget presentations from Community Services (Children and Youth, Employment & Training, Environmental and Community Investment Agreement Grant Administration, Library, Office of Neighborhood Safety, Recreation, Transportation), Community Development (Building, Code Enforcement, Housing Policy, Planning, Successor Agency to the former Redevelopment Agency), and City Attorney’s Office – Finance Department (Shasa Curl/Delmy Cuellar 510-620-6790).

Continued to the February 28, 2023, City Council meeting.

Z. NEW BUSINESS
Z.1 Resolution authorizing City Manager and City Attorney (or their designees) to work through next steps for forming the Public Bank East Bay with the cities of Berkeley and Oakland
RECEIVE a presentation from the Friends of Public Bank East Bay; and ADOPT a resolution authorizing the City Manager and City Attorney (or their designees) to work through next steps along the pathway to forming the Public Bank East Bay with the Cities of Berkeley and Oakland – Vice Mayor Gayle McLaughlin (510-620-6636).

Vice Mayor McLaughlin gave an overview. George Quaye from Friends of Public Bank East Bay presented a PowerPoint, which highlighted the following: Model for the Public Bank East Bay; Viability Study; Proposed Funding; Proposed Lending; Tentative Timeline; and Next Steps. Discussion ensued. Susan Harman and Amanda Bruun gave comments via teleconference.

Adopted Resolution No. 21-23

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12 Motion by Vice Mayor Gayle McLaughlin
Seconded by Councilmember Melvin Willis
Ayes (7): Councilmember Soheila Bana, Councilmember Claudia Jimenez, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez Passed (7 to 0)
Z.2 Three-year Agreement with Flock Group, Inc.

APPROVE a three-year agreement with Flock Group, Inc. for the acquisition, support, and maintenance of a Fixed Automated License Plate Reader System, in an amount not to exceed $249,600, for a term beginning March 1, 2023, through February 28, 2026, and with two one-year renewal options based on the same terms - Police Department (Chief Bisa French 510-621-1802).

Continued to the February 28, 2023, City Council meeting.

Z.3 Finance Committee and Support Staff
APPROVE the creation of the Finance Committee and the hiring of the one staff person within the Mayor’s Office to support the Finance Committee. The deadline to create the Finance committee that includes the City staff will be March 21, 2023 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

Mayor Martinez gave an overview. Discussion ensued. Don Gosney, Eli Moore, Jamin Pursell, and Steve Bischoff gave comments via teleconference.

Mayor Martinez stated he would continue the item to the February 28, 2023, City Council meeting in order to include additional information and scope of the committees' responsibilities.

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

AB. ADJOURNMENT
There being no further business, the meeting adjourned at 11:36 p.m., to meet again on February 28, 2023, at 6:30 p.m.

Clerk of the City of Richmond Mayor

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RICHMOND, CALIFORNIA, February 28, 2023
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ F. SPECIAL MEETING OF THE RICHMOND CITY COUNCIL
The meeting was called to order at 5:38 p.m. by Mayor Eduardo Martinez via teleconference.

G. ROLL CALL

Present: Councilmembers Soheila Bana, Doria Robinson, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez. Absent: Councilmember Melvin Willis was absent the entire meeting. Councilmembers Claudia Jimenez and Cesar Zepeda arrived after roll call.

H. STATEMENT OF CONFLICT OF INTEREST
None.

I. AGENDA REVIEW
None.

J. West Contra Costa Unified School District Update
RECEIVE an update from West Contra Costa Unified School District (WCCUSD) Superintendent Kenneth Chris Hurst and WCCUSD staff on strategic planning, academics, safety, and operations – City Manager’s Office (Shasa Curl/LaShonda White 510-620-6512).

Dr. Kenneth Hurst, Sr., Koy Hill, Michael Booker, Dr. Robert McEntire, Ellen Mejia Hooper, Elizabeth Sanders, and Conrad Tanasychuk, presented a PowerPoint, which highlighted the following: Strategic Planning Process; Academics; STAR Reading & Math State Benchmark by Primary Ethnicity; Cohort Grad A-G Completion Rates; UC System Admission Rates; WCCUSD Schools Serving the City of Richmond; Career Pathway programs & VAPA; Community Schools Programs: Social, Emotional, & Physical Safety; Current Supports; WCCUSD Safety Monitoring Dashboard; Safety Resources; School Safety Tracker; Budget Changes; Opportunities and Risks to Fiscal Condition; Increased LCFF Funding Changes Assumptions; Changes to Expenditures 2022-23; Components of the Ending Fund Balance; Construction Projects 2023; 7-11 Committee; and Negotiations Update. Discussion ensued.

The city council requested statistics the number of students that graduated and those that did not; the number of college counselors at each high school; the population percentages data; community organizations serving Richmond youth to use district facilities; an MOU to collaborate with the city to utilize each other's facilities; and the social & emotional risk service criteria data.

The following individuals gave comments via teleconference: Mike Peritz, Deborah Bayer, Francisco Ortiz, Jessi Taran, and Brian Bland.

Deputy City Manager LaShonda White requested that questions from councilmembers were sent to her in order to follow up with the school district.

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K. ADJOURNMENT
There being no further business, the meeting adjourned at 7:09 p.m.

Clerk of the City of Richmond Mayor

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1 RICHMOND, CALIFORNIA,
February 28, 2023, 4:00 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The meeting was called to order at 4:05 p.m. by Mayor Eduardo Martinez via teleconference.

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)  Ferreira-Dias v. City of Richmond, et al.
 DKD of Hilltop, Inc., et al. v. City of Richmond
C.2 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, Jesus Morales and Nannette Beacham
 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, Lizeht Zepeda and Nannette Beacham  Negotiating parties: Richmond Grown Under negotiation: Price and terms of payment
C.3 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
 Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

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

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

3. Richmond Police Officers Association RPOA

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2 4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
D. PUBLIC COMMENT BEFORE CLOSED SESSION
None.

E. ADJOURN TO CLOSED SESSION
The meeting adjourned at 4:07 p.m. Closed Session adjourned at 5:35 p.m.

F. SPECIAL MEETING OF THE RICHMOND CITY COUNCIL
The Special Meeting was called to order at 5:38 p.m.

G. ROLL CALL

H. STATEMENT OF CONFLICT OF INTEREST
None.

I. AGENDA REVIEW
None.

The following individuals gave comments via teleconference: Mike Peritz, Deborah Bayer, Francisco Ortiz, Jessi Taran, and Brian Bland.

Deputy City Manager LaShonda White requested that questions from councilmembers were sent to her in order to follow up with the school district.

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3 K. ADJOURNMENT
The meeting adjourned at 7:09 p.m.

L. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The meeting was called to order at 7:10 p.m. by Mayor Eduardo Martinez.

M. ROLL CALL

Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez. Absent:

Councilmember Melvin Willis was absent the entire meeting.

N. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional Video was shown.

O. STATEMENT OF CONFLICT OF INTEREST
None.

P. AGENDA REVIEW
Item V.9 - Presentation on impending impact of sea level rise and Item U.1 - Resolution terminating the Declaration of the COVID-19 Local Emergency were removed from the consent calendar and moved to be heard after approval of the consent calendar.

Q. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) · Ferreira-Dias v. City of Richmond, et al.
· DKD of Hilltop, Inc., et al. v. City of Richmond
City Council voted unanimously and gave direction to the city attorney to negotiate settlement agreements for both cases.

C.2 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, Jesus Morales and Nannette Beacham 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, Lizeht Zepeda and Nannette Beacham Negotiating parties: Richmond Grown
Under negotiation: Price and terms of payment
Not discussed
C.3 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
· Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
A status report was given, and direction was given for further negotiations.

R. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl reported the following: the Federal Emergency Management Agency (FEMA) Mobile Disaster Recovery Center would be located at the Civic Center parking lot on March 1, 2023, to assist those impacted by the recent storms. Other locations would be at Community Presbyterian Church at 200 E. Leland Road Pittsburg, CA, and at 510 La Gonda Way, Danville, CA 94526 from 10 a.m. to 7 p.m. daily from Feb. 15 to March 16. More information could be obtained at www.disasterassistance.gov, by calling 800-621-3362, or the City Manager's office at 510- 620-6512; and Richmond residents are eligible to bring up to three (3) mattresses per month to be recycled at no cost. Mattresses or box springs can be dropped off Wednesday through Saturday, 9:00 AM – 4:00 PM at 101 Pittsburg Avenue, Richmond. Proof of residency required ID or utility bill. For information on Household Hazardous Waste disposal visit, www.ci.richmond.ca.us/1720/Hazardous-Waste.

S. CRIME REPORT FROM POLICE CHIEF - 4th Tuesday (public comment allowed under Open Forum)
Police Chief Bisa French reported the following crime trends during the month of February 2023: 62 assaults, 19 robberies, 2 sexual assaults, 27 burglaries, 122 thefts, 65 vehicle thefts, 1 arson; 185 vehicles were towed; responded to four side shows; responded to 143 vehicle collisions; and conducted nine DUI investigations.

Significant investigations: a major injury collision on February 15th on the 34th block of Richmond Parkway which required trained traffic investigators due to the seriousness of the injuries involved; a shooting on February 17th in Cresent Park which caused a vehicle to crash into the rear of a home; a fatal hit and run on February 18th at the intersection of Cutting Avenue and Carlson Boulevard.

Vacancy information: eight police officers, two professional staff, two records specialists, and one parking enforcement staff were hired.

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

Jessi Taran stated there would not be a need to hire an investigator in the police department if cameras were in place throughout the city.

Mark Wassberg gave comments regarding communists and terrorist regimes.

Deborah Bayer stated that federal assistance should also be provided to chronically unhoused persons.

Tarnel Abbott stated that part of the plan for Point Molate included soccer fields. Ms.

Abbot also urged the city to staff the Richmond Public Library so it could open on Saturdays and that the contract was renewed to enable the library to purchase books.

Joseph Puleo gave comments regarding public right of ways and the benefits of fencing in certain areas.

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5 Leisa Johnson stated that the Internal Revenue Service and Franchise tax filing deadlines for California was extended to May 15, 2023, and to October 16, 2023, mainly for those who suffered losses due to the recent floods.

Rolanda Wilson from the Red Cross gave comments regarding the installation of smoke alarms in Richmond homes in partnership with the Richmond Fire Department during Red Cross Month.

U. CITY COUNCIL CONSENT CALENDAR
Motion by Vice Mayor Gayle McLaughlin
Seconded by Councilmember Claudia Jimenez
Ayes (6): Mayor Eduardo Martinez, Councilmember Cesar Zepeda, Councilmember Doria Robinson, Councilmember Soheila Bana, Vice Mayor Gayle McLaughlin, and Councilmember Claudia Jimenez
Absent (1): Councilmember Melvin Willis
Passed (6 to 0)
U.1 City Attorney's Office
U.1.a Adoption of Resolution Terminating the Declaration of the Existence of a Local Emergency in Response to the COVID-19 Pandemic, Consistent with Government Code Section 8630(d)
ADOPT a resolution terminating the Declaration of the Existence of a Local Emergency in response to the COVID-19 pandemic, consistent with Government Code Section 8630(d) – City Manager’s Office/City Attorney’s Office (Shasa Curl/Dave Aleshire 510-620-6509).

City Attorney Dave Aleshire gave an overview. Discussion ensued.

The city council requested more information about the effect of the COVID-19 moratoriums such as the Eviction Moratorium and the impact of the continued use of parklets at businesses; consider the possibility of Board and Commission meetings remaining via Zoom; addition to the resolution to include direction to the Rent Board to develop a plan to support renters due to the end of the eviction moratorium; directed staff to facilitate hybrid meetings and clarify if ill committee or board members could also participate from home; directed staff to report back on the mitigation of the potential impacts of the end of the termination of the local emergency by also examining what other cities were doing in accordance with Brown Act provisions.

Adopted Resolution No. 22-23
Motion by Councilmember Claudia Jimenez
Seconded by Councilmember Cesar Zepeda
Ayes (6): Mayor Eduardo Martinez, Councilmember Cesar Zepeda, Councilmember Doria Robinson, Councilmember Soheila Bana, Vice Mayor Gayle McLaughlin, and Councilmember Claudia Jimenez Absent (1): Councilmember Melvin Willis

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6 Passed (6 to 0)
U.2 Finance Department
U.2.a Budget Presentation
RECEIVE a written report from the City Manager, Capital Improvement Projects, Internal Services (Information Technology, Human Resources, Finance), Economic Development, City Clerk, City Council, Mayor’s Office - Finance Department (Shasa Curl/Delmy Cuellar 510-620-6790).

This item was continued from the February 7, 2023, and February 21, 2023, meetings.

U.2.b Budget Presentations
RECEIVE a written report from Community Services (Children and Youth, Employment & Training, Environmental and Community Investment Agreement Grant Administration, Library, Office of Neighborhood Safety, Recreation, Transportation), Community Development (Building, Code Enforcement, Housing Policy, Planning, Successor Agency to the former Redevelopment Agency), and City Attorney’s Office – Finance Department (Shasa Curl/Delmy Cuellar 510- 620-6790). This item was continued from the February 21, 2023, meeting.

U.3 Library and Community Services
U.3.a Alliance Graphics Contract
APPROVE a contract with Alliance Graphics in an amount not to exceed $40,000, for graphic arts products and materials, with a term beginning February 28, 2023, through June 30, 2025 – Community Services Department (Tamara Walker/Fred Lucero 510-621-1562).

U.4 Mayor's Office
U.4.a Proclamation declaring March as American Red Cross Month PROCLAMATION declaring March as American Red Cross Month - Mayor Eduardo Martinez (510-620-6503) and Councilmember Soheila Bana (510-620-6743).

U.4.b Proclamation recognizing February 28, 2023 as Rare Diseases Day in Richmond, California.

PROCLAMATION recognizing February 28, 2023, as Rare Diseases Day in Richmond, California - Mayor Eduardo Martinez (510-620-6503) and Councilmember Soheila Bana (510-620-6743).

U.5 Public Works
U.5.a Proposed Contract with Chain Link Fence & Supply, Inc.

APPROVE a contract in the amount of $24,509 for the fencing project at Point Molate, with a term from February 21, 2023, through June 30, 2023 – Public Works Department (Daniel Chavarria 510-620-5478/Greg Hardesty 510-620-6920).

V. STUDY AND ACTION SESSION
V.1 Three-year Agreement with Flock Group, Inc.

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7 APPROVE a three-year agreement with Flock Group, Inc. for the acquisition, support, and maintenance of a Fixed Automated License Plate Reader System, in an amount not to exceed $249,600, for a term beginning March 1, 2023, through February 28, 2026, and with two one-year renewal options based on the same terms - Police Department (Chief Bisa French 510-621-1802). This item was continued from the February 21, 2023, meeting.

Police Chief Bisa French gave an overview. Laura Ann Holland of Flock Safety presented a PowerPoint, which highlighted the following: How the Technology works; Mitigating Risk; Protecting Privacy; Transparency & Insights. Discussion ensued.

Mike Katz-Lacabe and Tony Sustak gave comments via teleconference.

City Council requested a Sharing of Information MOU with other agencies that would mandate their adherence to the city's Sanctuary City Policy. (11:01 p.m. - A motion made by Councilmember Jimenez, seconded by Councilmember Zepeda, extended the meeting until 11:30 p.m., passed unanimously with Councilmember Willis absent).

A motion was made, and approval of the agreement was passed.

Motion by Councilmember Soheila Bana
Seconded by Councilmember Cesar Zepeda
Ayes (6): Mayor Eduardo Martinez, Councilmember Cesar Zepeda, Councilmember Doria Robinson, Councilmember Soheila Bana, Vice Mayor Gayle McLaughlin, and Councilmember Claudia Jimenez
Absent (1): Councilmember Melvin Willis
Passed (6 to 0)
V.2 Report by the West Contra Costa Fire Safe Council
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, and January 24, 2023, meetings.

This item was continued to the March 7, 2023, City Council meeting.

V.3 Community Crisis Response Program Update
RECEIVE an update regarding the development of a Community Crisis Response Program – Community Services Department (LaShonda White/Patrick Seals 510- 620-6512). This item was continued from the January 24, 2023, meeting.

Deputy City Manager LaShonda White gave an overview. David Harris from Urban Strategies presented a PowerPoint, which highlighted the following:

Community Response Elements; Engagement Explores Residents Experiences; Key Stakeholder Meetings and Briefings: Richmond Survey. Discussion ensued.

The following individuals gave comments via teleconference: Jessi Taran, Leisa Johnson, Deborah Small, and Jamin Pursell.

City council requested a timeline of when the program would be launched.

Recommendations would be presented to the City Council by early May along with a presentation from the Matrix group.

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8 V.4 Chevron Hydrogen Project Legal Services Agreement APPROVE a legal services agreement with Aleshire & Wynder for legal representation related to a proposed Chevron Hydrogen Fuel project, with the term expiration date of June 30, 2024, and for a total amount not to exceed $85,000 to be paid by fees collected from the project applicant - City Attorney’s Office (James Atencio 510-620-6509). This item was continued from the February 21, 2023, meeting.

This item was continued to the March 7, 2023, City Council meeting.

V.5 Fourth Contract Amendment with the Segal Group (Western States) DBA Segal
APPROVE a fourth contract amendment in the amount of $20,000 with The Segal Group, Inc., for a total amount not to exceed $350,000, to provide consultation services regarding implementation of the classification and compensation study, with a term extending through December 31, 2023 - Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602). This item was continued from the February 21, 2023, meeting.

Interim Human Resources Director Sharonne Taylor gave an overview.

Discussion ensued.

Motion by Vice Mayor Gayle McLaughlin
Seconded by Councilmember Soheila Bana
Ayes (7): Mayor Eduardo Martinez, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Councilmember Doria Robinson, Councilmember Soheila Bana, Vice Mayor Gayle McLaughlin, and Councilmember Claudia Jimenez
Passed (7 to 0)
V.6 Contract with Wiss, Janney, Elstner Associates, Inc. (WJE) for Historic Resource Evaluations
APPROVE a sole-source contract with Wiss, Janney, Elstner Associates, Inc. (WJE), in an amount not to exceed $250,000, for a term ending June 30, 2024, to provide evaluation and related design services of certain historic structures at Winehaven Historic District and Shipyard No. 3 Historic District – Public Works Department (Daniel Chavarria 510-620-5478/Lina Velasco 510-620-6841). This item was continued from the February 21, 2023, meeting.

This item was continued to the March 7, 2023, City Council meeting.

V.7 THIS ITEM HAS BEEN CONTINUED TO THE MARCH 7, 2023, CITY COUNCIL MEETING.

Finance Committee and Support Staff
APPROVE the creation of the Finance Committee and the hiring of the one staff person within the Mayor’s Office to support the Finance Committee. The deadline to create the Finance committee that includes the City staff will be March 21, 2023 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503). This item was continued from the February 21, 2023, meeting.

V.8 Contract with The Pivotal Group Consultants, Inc.

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9 APPROVE a contract and draft scope of work with The Pivotal Group Consultants, Inc. to host a City Council teambuilding retreat, and assist in developing and implementing a City-wide strategic plan, in an amount not to exceed $288,796, with a term expiration of June 30, 2025. City staff will return on March 28, 2023, with an updated scope of work for review and consideration – City Manager’s Office (Shasa Curl 510-620-6512).

This item was continued to the March 7, 2023, City Council meeting.

V.9 Presentation on the impending impact of sea level rise based on scientific data and how Richmond can prepare.

RECEIVE a presentation from Dr. Kristina Hill, Associate Professor of Environmental Planning and Urban Design and Director of the Institute for Urban and Regional Develpment at UC Berkeley to further our understanding of the latest science regarding sea level rise and its impact on our city - Vice Mayor Gayle McLaughlin (510-620-6366).

Vice Mayor McLaughlin gave an overview. Dr. Kristina Hill made a presentation, which highlighted the following: Impacts on Richmond; Netherlands Water Plan 2.0; State of California Sea Level Rise Guidance; Icefin Robot Probe; Sea Level Rise at the Liquid Gold Superfund Site; Groundwater Hazard; and Contamination in Soil.

Mark Wassberg, Jessi Taran, Paul Carman, Stuart Flashman, Tarnel Abbott, Visa K., Jamin Pursell, and Tony Sustak. Discussion ensued.

Dr. Hill's presentation and notes would be added to the city's environmental webpage as well as recommended as an addition to the city's Environmental Action Plan.

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

X. ADJOURNMENT
There being no further business, the meeting adjourned at 11:30 p.m., to meet again on March 7, 2023, at 6:30 p.m.

Clerk of the City of Richmond Mayor

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March 21, 2023
City Council
DATE: March 21, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Councilmembers Soheila Bana, Melvin Willis, and Vice Mayor Gayle McLaughlin
Subject: Resolution in support of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
FINANCIAL IMPACT: There is no financial impact related to adopting this resolution.

PREVIOUS COUNCIL
ACTION:

On February 27, 2023, the Human Rights Human
Relations Commission voted to recommend support of
CEDAW to the City Council.

STATEMENT OF THE
ISSUE:

The City of Richmond became one of the nation’s first
Human Rights Cities in 2009 by adopting Resolution 126- 09, which adopted the United Nations Universal
Declaration of Human Rights as a guiding principle with a commitment to setting human rights for all as a priority, and at this point in time the City Council desires to further this commitment, specifically for women’s rights.

RECOMMENDED ACTION: ADOPT resolution in support of the United Nations Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) -
Councilmembers Soheila Bana (510-620-6743), Melvin
Willis (510-412-2050) and Vice Mayor Gayle McLaughlin
(510-620-6363).

DISCUSSION:

AGENDA
REPORT

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March 21, 2023
As the City of Richmond is committed to equality, justice, and the advancement of human rights for all its citizens. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is an international treaty adopted by the United Nations General Assembly in 1979, which sets out a comprehensive and legally binding framework for the promotion and protection of women’s rights.

President Jimmy Carter signed the CEDAW in 1980, but the United States along with Sudan, Somalia, Tonga, Iran, and Palau have not ratified the treaty yet, and when CEDAW ratification stalled again in 2002, then-Senator Joseph Biden lamented that “Time is a-wasting”.

Our neighboring city, San Francisco, became the first city to adopt CEDAW in 1998 and changed its political atmosphere, which led to bringing gender to the forefront and balancing the number of men and women in leadership positions, including at some of San Francisco’s highest budgeted departments, such as the Fire Department, Police Department, and Port Authority, which are all led by women.

The City of Richmond believes and has passed policy to ensure equality and equity for its employees. During Women’s History Month, it is significant to adopt this resolution to specifically call out the need to eliminate discrimination against women.

The City of Richmond would like to join the Human Rights Human Relations Commission in support of CEDAW by adopting a resolution of the Richmond City Council.

DOCUMENTS ATTACHED:

Attachment 1 – Draft Resolution

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RESO. NO. ______
RESOLUTION NO. _xx-23__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, IN SUPPORT OF ADOPTING THE PRINCIPLES OF THE UNITED

NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF

DISCRIMINATION AGAINST WOMEN (CEDAW)
WHEREAS, as the city of Richmond is committed to equality, justice, and the advancement of human rights for all its citizens; and
WHEREAS, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is an international treaty adopted by the United Nations General Assembly in 1979, which sets out a comprehensive and legally binding framework for the promotion and protection of women’s rights; and
WHEREAS, the United States has not yet ratified CEDAW, but most countries have signed and ratified CEDAW; and
WHEREAS, President Jimmy Carter signed the CEDAW in 1980, but the United States along with Sudan, Somalia, Tonga, Iran, and Palau have not ratified the treaty yet, and when CEDAW ratification stalled again in 2002, then-Senator Joseph Biden lamented that “Time is awasting;” and WHEREAS, our neighboring city, San Francisco, became the first city to adopt CEDAW in 1998 and changed its political atmosphere, which led to bringing gender to the forefront and balancing the number of men and women in leadership positions, including at some of San Francisco’s highest budgeted departments, such as the Fire Department, Police Department, and Port Authority, which are all led by women; and
WHEREAS, the City of Richmond has the authority and the responsibility to adopt and implement policies and laws that promote and protect the rights of its citizens, including the rights of women; and
WHEREAS, the City of Richmond initiated in 2008 an annual International Women’s Day event, which has become known as the Sisters in Solidarity International Women’s Day celebration, to honor the rights and leadership of women; and WHEREAS, the City of Richmond became one of the nation’s first Human Rights Cities in 2009 by adopting Resolution 126-09, which adopted the United Nations Universal Declaration of Human Rights as a guiding principle with a commitment to setting human rights for all as a priority, and at this point in time the City Council desires to further this commitment, specifically for women’s rights.

NOW, THEREFORE BE IT RESOLVED, that the Richmond City Council does hereby support the CEDAW and directs the following:

1. The Adoption of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and expresses its commitment to the promotion of women’s rights within the city; and

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RESO. NO. ______

2. The city attorney to review and report back to the city council on the feasibility and legal implications of adopting and implementing the provisions of CEDAW into the laws and policies of the city; and

3. The city manager to work with relevant city departments and agencies to develop and implement a plan to promote and protect the rights of women in the city, based on the provisions of CEDAW and in consultation with relevant stakeholders; and

4. The city clerk to transmit copies of this resolution to the President of the United States, the United States Congress, the Governor and Congresspersons of the State of California, and the Contra Costa County Board of Supervisors to encourage the United States to ratify CEDAW as soon as possible.
---------
I hereby certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond, California at a regular meeting thereof held March 21, 2023, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Clerk of the City of Richmond
[SEAL]
Approved:

Mayor
Approved as to form:

City Attorney

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RESO. NO. ______
State of California }
County of Contra Costa : ss.

City of Richmond }
I certify that the foregoing is a true copy of Resolution No. xx-xx, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on March 21, 2023.

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March 21, 2023
Community Development
DATE: March 21, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Chris Castanchoa, Building Official
Subject: Terraces at Nevin Fee Deferral Amendment
FINANCIAL IMPACT: There is no fiscal impact to the General Fund related to this amendment. The amendment corrects an error in the
original agreement so that the agreement correctly
reflects the fees paid and fees deferred.

PREVIOUS COUNCIL
ACTION:

December 19, 2017: Item I-1 - City Council authorization for the City Manager to negotiate deferral of impact fees.

STATEMENT OF THE
ISSUE:

The City and Richmond Nevin Associates, L.P. entered
into an Impact Fee Deferral Agreement for the Terraces
at Nevin project. Per the Agreement, all but $500,000 of the deferred impact fees would be paid at issuance of
Certificates of Occupancy and the City would provide a
Fee Deferral Loan for the remaining $500,000 due to be
paid through residual receipts. Prior to issuance of the Certificates of Occupancy, an error in the impact fee
amount due referenced in the Agreement was
discovered, resulting in the need to prepare the subject Amendment to ensure accurate records.

RECOMMENDED ACTION: APPROVE an Amendment to the Terraces at Nevin fee deferral agreement correcting the referenced amount of
total impact fees due to ensure proper documentation
and accurate records for said agreements recorded
against the subject properties – Community Development
(Lina Velasco/Chris Castanchoa 510-620-6764).

AGENDA
REPORT

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DISCUSSION:

On December 19, 2017, the City Council authorized the City Manager to negotiate deferral of impact fees for the Terraces at Nevin project, a 271-unit affordable housing development.

On July 19, 2018, Richmond Nevin Associates, a California limited partnership entered into an Agreement with the City of Richmond to defer its payment of impact fees, attached herein as Attachment 1 (“Agreement”). Per Government Code Section 66007, developers of affordable housing projects can defer payment of certain impact fees until certificate of occupancy. Richmond Nevin Associates, L.P. is the developer of the project known as Terraces at Nevin, a 271-unit very low and low-income development for seniors and families.

When the developer and City entered into this Agreement, the total outstanding impact fees due to the City was $3,528.984.34, evidenced by the two invoices dated February 24, 2021 and February 25, 2021 in Attachments 3 and 4. City staff is also attaching a copy of the master fee schedule noting the impact fee in place at the time the permit fees were calculated and a summary of the calculation demonstrating that $3,528,984.34 was the correct fee amount due (see Attachment 5).

When the Agreement was drafted in December 2017, it stated in Section C of the Recitals, that “Owner is obligated to pay impact fees for the Project to the City in the amount of $4,028,984.34.” In section D of the Recitals, it stated ‘Owner has requested that the City issue building permits for the construction of the Project and has requested a deferment in the amount of $3,528,984.34 until the date the project is issued Certificates of Occupancy.’ These two amounts were inputted incorrectly by the drafter of the Agreement. These amounts do not reflect the invoices prepared by the City in Attachments 3 & 4. After working with the developer, City staff has reviewed all records and agrees that there was a drafting error in this document. The executed Agreement reflects $500,000 more than the actual impact fees due for the project. It appears that the writer of the agreement added $500,000 to the actual fee due instead of subtracting the $500,000 loan amount. The proposed amendment (see Attachment 6) would correct the total impact fee amount from $4,028,984.34 to $3,528,984.34.

To date, the developer has paid the City $3,028,984.34 to receive their occupancy permits in April 2021. Also, the City still has a $500,000 remaining note due secured by the Fee Deferral Loan Note dated December 20, 2017 and that certain Deed of Trust and Security Agreement recorded in the real property records of Contra Costa County, California as Document #2018-0127118-00 on August 9, 2018.

In order to correct the official Agreement that is recorded against the property, City staff has worked with the City Attorney’s office and developer’s counsel to draft a formal amendment to this Agreement which is attached herein in Attachment 6.

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DOCUMENTS ATTACHED:

Attachment 1 – Recorded Fee Deferral Agreement
Attachment 2 – Recorded Deed of Trust Security Agreement Attachment 3 – Terraces at Nevin permit #B16-02228 Fees Invoice Attachment 4 – Terraces at Nevin permit #B16-02229 Fees Invoice Attachment 5 – Master Fee Schedule and Impact Fees Calculations Attachment 6 – Fee Deferral Agreement Amendment

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450 CIVIC CENTER PLAZA • RICHMOND, CA 94804
(510) 620-6868

I N V O I C E

CITY OF RICHMOND
EAGLE, ID 83616
Permit Number: B16-02228
Address:

Invoice Date:

PACIFIC WEST BUILDERS INC
430 E STATE ST. SUITE 100
Permit Tech:
2200 NEVIN AVE
November 28, 2022
CC
Fee Description Account Units Amount

BLD REGULATIONS PERMIT FEE
CERTIFICATE OF OCCUPANCY 15063619320232 0 $14,586.00
FILING 2 OR MORE RES ADDS ALL OTHERS 15063619320232 0 $300.00 TECHNOLOGY FEE 15063619320248 0 $35,002.69
BLDG - BUILDING PERMIT FEE 15063619320232 0 $99,099.00
COST TO ADMIN SB1473 15063619320232 0 $74.70
OCCUPANCY PROGRAM FEE 15063619340403 0 $9,909.90
Subtotal for BLD REGULATIONS PERMIT FEE 158,972.29
Fee Description Account Units Amount

BLDG PARK LAND DEDICATION FEES
PLDF - CONDOMINIUMS AND CLUSTERS 21033131340491 143 $42,900.00 Subtotal for BLDG PARK LAND DEDICATION FEES 42,900.00
Fee Description Account Units Amount

BLDG PLUMBING/ELECTRICAL/MECHANICAL FEES
ELECTRICAL NEW CONSTRUCTION 15063619320234 0 $91,293.00 MECHANICAL NEW CONSTRUCTION 15063619320243 0 $90,318.00 PLUMBING NEW CONSTRUCTION 15063619320235 0 $91,825.00
Subtotal for BLDG PLUMBING/ELECTRICAL/MECHANICAL FEES 273,436.00 Fee Description Account Units Amount

BLDG PUBLIC FACILITY DEVELOPER IMPACT FEES
RES MULTI FAMILY TRAFFIC 21136031340492 0 $3,232.70
COMMERCIAL DEVELOPMENT STORM DRAINAGE 21923431340496 0 $2,381.62 COMMERCIAL DEVELOPMENT TRAFFIC 21136031340492 0 $11,785.54 RES MULTI FAMILY FIRE FACILITIES 21301022340492 0 $23,166.00 RES MULTI FAMILY POLICE FACILITIES 21491021340492 0 $27,027.00 RES MULTI FAMILY LIBRARY 21741055340492 0 $243,815.00
RES MULTI FAMILY COMMUNITY/AQUATIC CENTE 21551051340492 0 $177,177.00 COMMERCIAL DEVELOPMENT FIRE FACILITIES 21301022340496 0 $636.70 RES MULTI FAMILY STORM DRAINAGE 21923431340492 0 $49,907.00 RES MULTI FAMILY TRAFFIC 21136031340492 0 $200,399.30
RES MULTI FAMILY PARKS/OPEN SPACE 21633131340492 0 $488,595.00 COMMERCIAL DEVELOPMENT LIBRARY 21741055340496 0 $607.39 COMMERCIAL DEVELOPMENT POLICE FACILITIES 21491021340496 0 $724.61 RES MULTI FAMILY SEWER 22022031340492 0 $379,808.00
COMMERCIAL DEVELOPMENT SEWER 22022031340496 0 $7,968.02 RES MULTI FAMILY PARKS/OPEN SPACE 21633131340492 0 $250,000.00 Subtotal for BLDG PUBLIC FACILITY DEVELOPER IMPACT FEES 1,867,230.88 ~ The City of Pride & Purpose ~

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450 CIVIC CENTER PLAZA • RICHMOND, CA 94804
(510) 620-6868

I N V O I C E

CITY OF RICHMOND
EAGLE, ID 83616
Permit Number: B16-02228
Address:

Invoice Date:

PACIFIC WEST BUILDERS INC
430 E STATE ST. SUITE 100
Permit Tech:
2200 NEVIN AVE
November 28, 2022
CC
Fee Description Account Units Amount

BLDG SUBREGIONAL TRANSPORT MITIGATION PROGRAM
COMMERCIAL RETAIL 150 208821 0 $4,848.48
RESIDENTIAL MULTI FAMILY 150 208821 0 $235,664.00
Subtotal for BLDG SUBREGIONAL TRANSPORT MITIGATION PROGRAM 240,512.48 Fee Description Account Units Amount

CA STATE BUILDING STANDARDS
COMPREHENSIVE PLANNING FEE 15062019340457 0 $35,002.69
SMIP COMMERCIAL 150 208812 0 $111.89
CAL ADMIN REVOLVING FUND 150 208813 0 $672.30
SMIP RESIDENTIAL FEES 150 208812 0 $2,426.85
Subtotal for CA STATE BUILDING STANDARDS 38,213.73
Fee Description Account Units Amount

WWR SERVICES FEES
SEWER CONNECTION FEE 40322631340443 0 $147,510.00
Subtotal for WWR SERVICES FEES 147,510.00
TOTAL AMOUNT DUE:

AMOUNT PAID: 2,518,775.38
$250,000.00
Fees are assessed in accordance with the provisions set forth in the fee schedule adopted by resolution by the City of Richmond.

Visit http://www.ci.richmond.ca.us/2503/Master-Fee-Schedule The laws of the City of Richmond are codified in its City Charter and Municipal Code, which is comprised of ordinances passed by the City Council.

Visit https://library.municode.com/ca/richmond
Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official.
~ The City of Pride & Purpose ~

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450 CIVIC CENTER PLAZA • RICHMOND, CA 94804
(510) 620-6868

I N V O I C E

CITY OF RICHMOND
EAGLE, 83616
Permit Number: B16-02229
Address:

Invoice Date:

PACIFIC WEST BUILDERS INC
430 E STATE ST. SUITE 100
Permit Tech:
2100 NEVIN AVE
November 28, 2022
CC
Fee Description Account Units Amount

BLD REGULATIONS PERMIT FEE
OCCUPANCY PROGRAM FEE 15063619340403 0 $6,710.40
CERTIFICATE OF OCCUPANCY 15063619320232 0 $13,056.00
COST TO ADMIN SB1473 15063619320232 0 $49.10
BLDG - BUILDING PERMIT FEE 15063619320232 0 $67,104.00
TECHNOLOGY FEE 15063619320248 0 $23,006.25
FILING 2 OR MORE RES ADDS ALL OTHERS 15063619320232 0 $300.00 Subtotal for BLD REGULATIONS PERMIT FEE 110,225.75
Fee Description Account Units Amount

BLDG PARK LAND DEDICATION FEES
PLDF - CONDOMINIUMS AND CLUSTERS 21033131340491 128 $38,400.00 Subtotal for BLDG PARK LAND DEDICATION FEES 38,400.00
Fee Description Account Units Amount

BLDG PLUMBING/ELECTRICAL/MECHANICAL FEES
MECHANICAL NEW CONSTRUCTION 15063619320243 0 $58,323.00 PLUMBING NEW CONSTRUCTION 15063619320235 0 $59,830.00
ELECTRICAL NEW CONSTRUCTION 15063619320234 0 $59,298.00 Subtotal for BLDG PLUMBING/ELECTRICAL/MECHANICAL FEES 177,451.00 Fee Description Account Units Amount

BLDG PUBLIC FACILITY DEVELOPER IMPACT FEES
RES MULTI FAMILY PARKS/OPEN SPACE 21633131340492 0 $411,120.00 RES MULTI FAMILY LIBRARY 21741055340492 0 $10,644.54
RES MULTI FAMILY STORM DRAINAGE 21923431340492 0 $44,672.00 COMMERCIAL DEVELOPMENT TRAFFIC 21136031340492 0 $5,848.53 COMMERCIAL DEVELOPMENT SEWER 22022031340496 0 $3,954.10 COMMERCIAL DEVELOPMENT FIRE FACILITIES 21301022340496 0 $315.96 COMMERCIAL DEVELOPMENT POLICE FACILITIES 21491021340496 0 $359.58 RES MULTI FAMILY TRAFFIC 21136031340492 0 $182,272.00
COMMERCIAL DEVELOPMENT STORM DRAINAGE 21923431340496 0 $1,181.87 RES MULTI FAMILY COMMUNITY/AQUATIC CENTE 21551051340492 0 $158,592.00 RES MULTI FAMILY PARKS/OPEN SPACE 21633131340492 0 $250,000.00 RES MULTI FAMILY LIBRARY 21741055340492 0 $207,595.46
RES MULTI FAMILY SEWER 22022031340492 0 $339,968.00
RES MULTI FAMILY FIRE FACILITIES 21301022340492 0 $20,736.00 RES MULTI FAMILY POLICE FACILITIES 21491021340492 0 $24,192.00 COMMERCIAL DEVELOPMENT LIBRARY 21741055340496 0 $301.42 Subtotal for BLDG PUBLIC FACILITY DEVELOPER IMPACT FEES 1,661,753.46 ~ The City of Pride & Purpose ~

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450 CIVIC CENTER PLAZA • RICHMOND, CA 94804
(510) 620-6868

I N V O I C E

CITY OF RICHMOND
EAGLE, 83616
Permit Number: B16-02229
Address:

Invoice Date:

PACIFIC WEST BUILDERS INC
430 E STATE ST. SUITE 100
Permit Tech:
2100 NEVIN AVE
November 28, 2022
CC
Fee Description Account Units Amount

BLDG SUBREGIONAL TRANSPORT MITIGATION PROGRAM
RESIDENTIAL MULTI FAMILY 150 208821 0 $210,944.00
COMMERCIAL RETAIL 150 208821 0 $2,406.04
Subtotal for BLDG SUBREGIONAL TRANSPORT MITIGATION PROGRAM 213,350.04 Fee Description Account Units Amount

CA STATE BUILDING STANDARDS
SMIP RESIDENTIAL FEES 150 208812 0 $1,595.10
COMPREHENSIVE PLANNING FEE 15062019340457 0 $23,006.25
CAL ADMIN REVOLVING FUND 150 208813 0 $441.90
SMIP COMMERCIAL 150 208812 0 $55.52
Subtotal for CA STATE BUILDING STANDARDS 25,098.77
Fee Description Account Units Amount

WWR SERVICES FEES
SEWER CONNECTION FEE 40322631340443 0 $129,690.00
Subtotal for WWR SERVICES FEES 129,690.00
TOTAL AMOUNT DUE:

AMOUNT PAID: 2,105,969.02
$250,000.00
Fees are assessed in accordance with the provisions set forth in the fee schedule adopted by resolution by the City of Richmond.

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Building Regulatns, Impact Fees
Current Fee Factor Proposed Fee
BUILDING REGULATIONS -- Developer Impact Fees
UBC Regulations used to factor fee amounts.

Residential, single-family development, per
dwelling unit (DU), allocated as follows: 15,247.00 15,993.00 1-Jul-2016 129.9 1-Jul-2017 133.0 1.024
RMC 15.08.400-2, RMC

15.08.400-8, RMC 6.02.180;
RMC 2.34.040, Ord. 3-04
- Park/open space 6,143.00 1.024 6,290.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Sewer 3,205.00 1.024 3,281.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Traffic 1,740.00 1.024 1,782.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Community/aquatic centers 1,473.00 1.024 1,508.00 1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Storm Drainage 627.00 1.024 642.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Library 1,665.00 1.024 1,705.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Police facilities 346.00 1.024 354.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Fire facilities 421.00 1.024 431.00
Residential, multi-family development, per
dwelling unit (DU), allocated as follows: 12,289.00 12,889.00 1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Park/open space 5,045.00 1.024 5,165.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Sewer 2,594.00 1.024 2,656.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Traffic 1,391.00 1.024 1,424.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Community/aquatic centers 1,210.00 1.024 1,239.00 1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Storm Drainage 341.00 1.024 349.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Library 1,665.00 1.024 1,705.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Police facilities 185.00 1.024 189.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Fire facilities 158.00 1.024 162.00
Commercial development, per 1,000 square
feet, allocated as follows: 8,626.00 9,048.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Park/open space - 1.024 -
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Sewer 2,921.00 1.024 2,991.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Traffic 4,321.00 1.024 4,424.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Community/aquatic centers - 1.024 -

DEVELOPER FEES
RMC 5.12.050, 5.12.070, 6.02.180, 6.36.080 and 12.44.220 Description
Public Facility Impact Fees (The fees pay for major infrastructure improvements in each area required as a result of new development, for example off-site roads, traffic signals, fire and police facilities and park and recreation facilities.)
Last increase
implemented
Index Effective
date for proposed
increase
Municipal Code or
Other Code
City of Richmond
Master Fee Schedule
ECI Index for
last increase
ECI
Factor
ECI Index for
proposed
increase
Building Regulatns, Impact Fees 06/20/2017
1 Attachment 5 - Master Fee Schedule & Fee Calculations

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Building Regulatns, Impact Fees
Current Fee Factor Proposed Fee
BUILDING REGULATIONS -- Developer Impact Fees
UBC Regulations used to factor fee amounts.

DEVELOPER FEES
RMC 5.12.050, 5.12.070, 6.02.180, 6.36.080 and 12.44.220 Description
Last increase
implemented
Index Effective
date for proposed
increase
Municipal Code or
Other Code
City of Richmond
Master Fee Schedule
ECI Index for
last increase
ECI
Factor
ECI Index for
proposed
increase
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Storm Drainage 873.00 1.024 894.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Library 223.00 1.024 228.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Police facilities 266.00 1.024 272.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Fire facilities 233.00 1.024 239.00
Office development, per 1,000 square feet,
allocated as follows: 7,209.00 7,563.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Park/open space - 1.024 -
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Sewer 2,050.00 1.024 2,099.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Traffic 3,812.00 1.024 3,903.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Community/aquatic centers - 1.024 -
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Storm Drainage 656.00 1.024 672.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Library 369.00 1.024 378.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Police facilities 266.00 1.024 272.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Fire facilities 233.00 1.024 239.00
Industrial development, per 1,000 square feet,
allocated as follows: 3,437.00 3,605.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Park/open space - 1.024 -
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Sewer 1,009.00 1.024 1,033.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Traffic 1,393.00 1.024 1,426.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Community/aquatic centers - 1.024 -
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Storm Drainage 696.00 1.024 713.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Library 157.00 1.024 161.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Police facilities 101.00 1.024 103.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Fire facilities 165.00 1.024 169.00
Warehousing space, per 1,000 square feet,
allocated as follows: 3,331.00 3,493.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Park/open space - 1.024 -
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Sewer 1,009.00 1.024 1,033.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Traffic 1,393.00 1.024 1,426.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Community/aquatic centers - 1.024 -
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Storm Drainage 696.00 1.024 713.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Library 48.00 1.024 49.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Police facilities 101.00 1.024 103.00
1-Jul-2016 129.9 1-Jul-2017 133.0 1.024 RMC 6.02.180; RMC 2.34.040, Ord. 3-04 - Fire facilities 165.00 1.024 169.00
Building Regulatns, Impact Fees 06/20/2017
2

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Terraces @ Nevin Impact Fees
Bldg. A - Permit #B16-02228 - 143 units & 2,664 other sq.ft (commercial) 143 units X $12,889.00 per unit = $1,843,127.00
2,664 sq.ft X $9048.00 per 1000 sq.ft = $24,103.88
Total $1,867,230.88
Bldg. B - Permit #B16-02229 - 128 units & 1,322 other sq.ft (commercial) 128 units X $12,889.00 per unit = $1,649,792.00
1,322 sq.ft X $9048.00 per 1000 sq.ft = $11,961.46
Total $1,661,753.46
Bldg. A + Bldg. B = Total
$1,867,230.88 + $1,661,753.46 = $3,528,984.34

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Recording Requested by
and when Recorded mail to:

Richmond Nevin Associates,
A California Limited Partnership
430 E. State Street, Suite 100
Eagle, ID 83616
Attn: Caleb Roope
______________________________________________________________________________________ Space above this line for recorder's use

AMENDMENT TO AGREEMENT FOR ISSUANCE OF BUILDING PERMITS AND DEFERRAL

OF PAYMENT OF IMPACT FEES
This Amendment is made as of __________, 2022 by and between Richmond Nevin Associates, A California Limited Partnership, a California limited partnership (“Owner”) and the City of Richmond, a California Municipal Corporation (“City”).

RECITALS
A. Owner and City entered into that certain Agreement for Issuance of Building Permits and Deferral of Payment of Impact Fees (“Agreement”) on December 20, 2017 and recorded the Agreement in the real property records of Contra Costa County, California as Document #2018-0114876-00 on July 19, 2018.

B. The Agreement misstated in Recital C the amount that Owner was obligated to pay for impact fees on an affordable multifamily development known as Twenty One and Twenty Three Nevin (the “Project”) as $4,028,984.34.00. The correct amount was $3,528,984.34.

C. The Agreement also misstated in Recital D the amount that Owner requested as a deferment as $3,528,984.34. The correct amount was $3,028,984.34.

D. Owner has since paid to City the required impact fees of $3,028,984.34 for the issuance of the building permits. The $500,000.00 remaining due in impact fees is secured by the Fee Deferral Loan Note dated December 20, 2017 and that certain Deed of Trust and Security Agreement recorded in the real property records of Contra Costa County, California as Document #2018-0127118-00 on August 9, 2018. Therefore, Owner and City desire to amend the Agreement.

AGREEMENT
Definitions

1. Capitalized terms used but not defined herein shall have the respective meanings attributed thereto in the Agreement.

Amendment

2. Owner and City agree that the Agreement shall be and hereby is amended as follows:

A. The amount stated in Recital C is replaced with $3,528,984.34.

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B. The amount stated in Recital D is replaced with $3,028,984.34.

C. The amount is Section 1 of the Agreement is replaced with $3,028,984.34.

Agreement

3. The City acknowledges that Owner has since paid to City the required impact fees of $3,028,984.34 for the issuance of the building permits and only applicable provisions of the Agreement shall continue on the same terms and conditions except as specifically set forth herein.

Binding Effect

4. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Owner and City.

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the date set forth above.

OWNER:

RICHMOND NEVIN ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, a California limited partnership
By: TPC HOLDINGS VI, LLC,
an Idaho limited liability company
Its: Administrative General Partner
By: ____________________
Name: Caleb Roope
Its: President and CEO
By: CENTRAL VALLEY COALITION FOR AFFORDABLE HOUSING
a California Nonprofit Public Benefit Corporation
Its: Managing General Partner
By: ____________________
Name: Christina Alley
Its: Chief Executive Officer
CITY:

CITY OF RICHMOND,
a California municipal corporation
By: ____________________
Name: ____________________
Its: ____________________

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

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

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

WITNESS my hand and official seal.

Signature __________________________________

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

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

WITNESS my hand and official seal.

Signature __________________________________

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

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

WITNESS my hand and official seal.

Signature __________________________________

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Page 1 of 2 ends

March 21, 2023
Community Development
DATE: March 21, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
SUBJECT: Contract Amendment No. 7 with WSP USA
Environmental & Infrastructure, Inc.

FINANCIAL IMPACT: The consultant fees will be paid with funds approved during the midyear budget. Account String: 40162480-
400535

PREVIOUS COUNCIL
ACTION:

July 7, 2020 and October 18, 2022

STATEMENT OF THE
ISSUE:

The Community Development Department is requesting
approval of a contract amendment no. 7 with WSP USA
Environmental & Infrastructure, Inc. (formerly known as Wood Environment & Infrastructure Solutions, Inc.) to
continue providing the City environmental support for the Terminal One site in compliance with the Clean-up Order issued by the Regional Water Quality Control Board.

RECOMMENDED ACTION: APPROVE a contract amendment no. 7 with WSP USA Environmental & Infrastructure, Inc. (formerly Wood
Environment & Infrastructure Solutions, Inc.) to increase the contract amount by $163,800, for a total amount not to exceed $1,018,550, through August 31, 2024, to
continue to complete ongoing environmental support,
including groundwater monitoring, the replacement of a
damaged groundwater monitoring well, and the
completion of a tidal study at the Terminal One site in compliance with the clean-up order issued by the
Regional Water Quality Control Board – Community
Development (Lina Velasco 510-620-6841).

AGENDA
REPORT

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March 21, 2023
DISCUSSION:

WSP USA Environmental & Infrastructure, Inc. (WSP), formerly known as Wood Environment & Infrastructure Solutions, Inc., has been assisting the City in completing technical reports to fulfill the requirements of the Regional Water Quality Control Board (RWQCB) Cleanup order, including collecting data and submitting reports.

The Water Board Order R2-2004-0045 was issued in 2004. The City is the named party on the existing RWQCB Order and is, therefore, responsible for completing the work under that Order.

City staff members are requesting approval of a contract amendment no. 7 to increase the contract amount by $163,800, for a total amount not to exceed $1,018,550, through August 31, 2024, so that WSP can continue to provide technical assistance in compliance with the RWQCB’s clean-up order until a redevelopment proposal is finalized. The proposed Scope of Work includes three main tasks:

1. Semi-annual Groundwater Monitoring and Reporting – This task includes the data collection and report preparation. Funds would cover three semi-annual monitoring and report preparations (June 2023, December 2023, and June 2024).

2. Groundwater Monitoring Well Reinstallation – During a past site visit, it was noted that there are potentially two damaged wells on the site and the scope should include repair or reinstallation of the two wells.

3. Tidal Study – Upon approval of the already submitted Tidal Study Workplan, WSP will complete a tidal study and report to the RWQCB.

This work is necessary to stay in compliance with the Clean-up Order with the RWQCB.

NEXT STEPS
Given that the Terminal One property was transferred to Terminal One Development LLC at the end of 2022, the City Attorney’s Office is working to get the property transferred back to the City. Once the site is back in the City’s ownership, City staff will meet with community stakeholders to discuss next steps in the disposition of the property. The Terminal One site will be subject to disposition following the Surplus Land Act process specified by State Law.

Once the above required studies are reviewed by the RWQCB, City staff will return to the City Council with a new budget request for implementation of any related cleanup activities and/or follow up studies request by the RWQCB.

DOCUMENTS ATTACHED:

Attachment 1 – Contract Amendment No. 7
Attachment 2 – Original Contract with Amendments 1-6

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CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)

Term, Payment Limit and Service Plan
Payment Limit and Service Plan

Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (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. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original
contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.

3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.

Description of Services:

Wood Environmental will continue to assist the City in preparing a Supplemental Remedial Action Plan (RAP), providing environmental support to facilitate a planned property transaction, and continuing groudwater monitoring in compliance with the clean-up Order on the Terminal One site.

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Contract Amendment/EJ/TE 09-26-07

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.

5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

7. Signatures. These signatures attest the parties’ agreement hereto:

CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:

I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.

By _______________________
City Clerk
Approved as to form:

By_______________________
City Attorney
List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.

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Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
____________________________________________________________ (Insert original contract commencement date)
and it terminates
___________________________________________________.
(Insert new contract termination date)
unless sooner terminated as provided herein."

2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”

3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:

Contract Amendment/EJ/TE 9-26-07

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WSP USA Environment & Infrastructure Inc.
555 12th Street, Suite 215
Oakland, California 94607
USA
T: 1-510-663-4100
F: 1-833-778-3465
www.wsp.com
March 3, 2023
Ms. Lina Velasco
Project Manager II
City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Subject: Change Order Request for Ongoing Environmental Support Terminal 1 Site
Richmond, California
Dear Ms. Velasco:

WSP USA Environment & Infrastructure Inc. (WSP, formerly known as Wood Environment & Infrastructure Solutions, Inc. ["Wood]) is submitting this change order request to the City of Richmond for environmental consulting work at the former Terminal 1 facility (the site) located in Richmond, California. This change order requests additional funds for Contract Number 3753, issued to Amec Foster Wheeler (a WSP predecessor) and executed on February 15, 2017, to implement additional environmental work required by the California Regional Water Quality Control Board, San Francisco Bay Region (Water Board).

The scope of work in this change order is for ongoing environmental support through August 2024, including groundwater monitoring, the replacement of damaged groundwater monitoring wells, and the completion of a tidal study.

Wood was sold to WSP in September 2022. Contract Number 3752 and its subsequent amendments, including this one, remain in effect.

BACKGROUND
Semiannual groundwater monitoring is currently required by the Water Board in support of Water Board Order No. R2-2004-0045, based on Water Board approval of a request to change from quarterly to semiannual monitoring on October 13, 2022.

The future sale of the site to a developer or other entity for redevelopment is anticipated. In order for the Water Board to approve redevelopment of the site, environmental remediation and mitigation activities will be required. Wood previously prepared the Draft 2018 Remedial Action Plan Addendum and the 2019 Remedial Design Report, which were submitted to the Water Board in preparation for a previously proposed plan for site redevelopment. In 2022, in coordination with the City of Richmond, the previous developer, and the Water Board, WSP prepared a draft Supplemental Remedial Action Plan Addendum (Supplemental RAP) to document the proposed changes to the 2018 RAP based on the redevelopment plan proposed in 2022. WSP understands that the development is on hold and that

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Ms. Lina Velasco
City of Richmond
March 3, 2023

Page 2 ends

the City expects that adjustments to and implementation of the draft Supplemental RAP will be performed by a future developer or other entity. As such, this proposal does not include scope related to site remediation.

SCOPE OF WORK
The anticipated scope of work is outlined in the following subsections.

Task 14: Semiannual Groundwater Monitoring and Environmental Support This task includes performing three semiannual groundwater monitoring events, including associated planning, sampling, and reporting; finding and reinstalling two damaged groundwater monitoring wells; and performing and documenting a tidal study. The work will fall within the following four subtasks:

Subtask 1 Semiannual Groundwater Monitoring and Reporting Subtask 2 Groundwater Monitoring Well Reinstallation
Subtask 3 Tidal Study
Subtask 1: Semiannual Groundwater Monitoring and Reporting Semiannual groundwater monitoring events will be conducted in March 2022, September 2022, and March 2023, based on the Water Boards October 13, 2022, email to the City. Each semiannual groundwater monitoring event is expected to be completed in two working days.

Prior to each groundwater monitoring event, WSP will perform necessary planning, coordination, and will contract the analytical laboratory. During the monitoring event, WSP will gauge 16 monitoring wells (B-01s, through BT 04S, MW-03 through MW-05, MW-EG1s, MW-EG2s, MW-NE2s, MW-P-1, MW-TH3s through MW-TH6s, and MW-TH6) and collect groundwater samples from nine monitoring wells (BT-01s through BT 04s, MW-03 through MW-05, MW P-1, and MW-TH6s), where sufficient water is available for sampling. WSP will submit the groundwater samples to a California-certified laboratory for analysis for diesel and motor oil range organics and total extractible petroleum hydrocarbons by U.S. Environmental Protection Agency Method 8015B (without silica gel cleanup).

Following completion of the sampling event, WSP will perform management and analysis of the data, update tables and figures with the data, and prepare a semiannual monitoring report that will be submitted to the Water Board. The reports will be submitted by June 30, 2023, December 31, 2023, and June 30, 2024.

Subtask 2: Groundwater Monitoring Well Reinstallation
In the October 13, 2022, and March 1, 2023, emails to the City of Richmond and WSP, the Water Board requested that damaged wells MW-EG2s and MW-TH3s and obstructed well MW-01 be brought into compliance with the groundwater monitoring program.

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Ms. Lina Velasco
City of Richmond
March 3, 2023

Page 3 ends

During the 1Q2023 groundwater monitoring event, WSP will contract with a surveyor to identify the location of well MW-EG2s, which is not currently visible from the ground surface, and attempt to locate the well using a shovel or other tools.

Once the missing well is identified, WSP will prepare a letter work plan describing the approach and procedures for decommissioning or rehabilitating the damaged or obstructed wells and for installing replacement wells. The work plan will be submitted to the Water Board for review and approval. For the purposes of this cost estimate, we assume that it will be necessary to destroy and replace all three wells.

Pre-field activities include updating a health and safety plan (HASP) including Activity Hazard Analysis (AHA) for the planned site-specific activities. This task also includes planning, coordinating and contracting with subcontractors (utility locator, driller, analytical laboratory) prior to commencement of the field activities, including marking boring locations at the site, and calling Underground Service Alert (811) as required by law. Underground Service Alert will be contacted at least 48 hours prior to beginning drilling and destruction activities and a private utility locator subcontractor will be used to scan the locations for subsurface utilities. Drilling and destruction permits will be obtained from the Contra Costa County Department of Environmental Health prior to the start of work.

It is anticipated that the replacement groundwater monitoring wells will be consistent with the methods for installing wells at the site previously (i.e., 2-inch monitoring wells within 8.25-inch diameter boreholes). The destruction and reinstallation work will be performed by a California licensed C-57 contractor under WSP oversight. It is assumed that the boreholes for each monitoring well will be advanced using a hand auger to 5 feet below the ground surface (bgs), and then to the total depth using hollow stem auger and/or direct push drilling technology. Observed soil conditions and final well construction details will be recorded on a well construction log. Each well will be secured at the surface with a traffic-rated well box.

Following installation, the wells will be developed using a combination of bailing, surging, and pumping techniques to remove fines and establish improved hydraulic communication between the well and the surrounding formation. Each replacement well will be surveyed by a licensed surveyor to the nearest 0.01 foot using the North American Datum of 1983 (NAD 83) and the North American Vertical Datum of 1988 (NAVD88).

Investigation-derived waste (i.e., soil, decontamination water, and well development purge water) will be stored in drums on site pending characterization and off-site disposal. This cost estimate assumes the soil cuttings will be disposed as non-hazardous.

A brief completion report will be prepared following completion of the well replacement activities. The report will document the destruction, replacement, development, and surveying of the wells and will include copies of the well construction logs.

Subtask 3: Tidal Study
On March 3, 2023, the Water Board approved the Tidal Study Work Plan, but also requested that an additional five wells be monitored.

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Ms. Lina Velasco
City of Richmond
March 3, 2023

Page 4 ends

Based on the Water Board approval/comments, WSP will complete a tidal study in accordance with the Tidal Study Work Plan, submitted to the Water Board on February 16, 2023. The scope of work includes conducting groundwater level monitoring over approximately two weeks at the originally proposed shoreline and inland wells (BT-01s, through BT-04s, MW-P-1, MW-04, MW-NE2s, MW-EG3s, MW-03, MW-05, and MW-WG1) plus the wells requested by the Water Board on March 3 (MW-TH4, MW-TH4s, MW-TH5, MW-TH5s, and MW-TH6).

The monitoring will be conducted using pressure transducers to evaluate the tidal fluctuations in the wells and their relation to the predicted tide levels at the Inner Richmond Harbor monitoring station. It is anticipated that the tidal study field work can begin within one month of Water Board approval of the Tidal Study Work Plan. After the completion of the monitoring period and data evaluation, a Tidal Study Report will be prepared and submitted to the Water Board. This report will provide a description of the investigation activities, a summary of the results, graphs presenting the tidal fluctuations at each well, and recommendations for sampling times relative to low tide at the Richmond Inner Harbor tidal station.

COST ESTIMATE
The cost to complete the work described in this proposal is $163,800. Cost details are shown in the attached Cost Estimate (Table 1). We understand the City will issue an amendment to our existing contract with the City for the work included in this proposal.

Sincerely,
WSP USA Environment & Infrastructure Inc.

Avery Whitmarsh, PG
Principal Geologist
Kenneth Conner, PE
Northern California Office Manager/Vice
President
aw/kc/sc
https://woodplc.sharepoint.com/teams/terminal1/shared documents/general/0000_admin_pm/proposals/2023_02_proposal11_supplemental rap and gw sampling/proposal 11_city of richmond_text_v2.docx
Attachment: Table 1 Cost Estimate

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Phase/Task
Number Activity Cost Phase Total
14 Semiannual Groundwater Monitoring and
Environmental Support $ 163,800

14.1 Semiannual Groundwater Monitoring and Reporting $ 69,100

14.2 Monitoring Well Reinstallation $ 58,700

14.3 Tidal Study $ 36,000
Total 163,800 $
TABLE 1 - SUMMARY OF ESTIMATED COSTS
Richmond Terminal One
Richmond, California
1500 Dornan Drive
https://woodplc.sharepoint.com/teams/Terminal1/Shared Documents/General/0000_Admin_PM/Proposals/2023_02_Proposal11_Supplemental RAP and GW Sampling/
Terminal One - Proposal 11 Cost Esimtate_2023_02_v3 Page 1 of 1

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Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

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Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

The sixth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The seventh Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The eighth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The ninth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The tenth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
Contract Amendment/EJ/TE 11-30-07
1,018,550.00
x 163,800.00
x
x
8/31/2024

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

Professional Services
Type 2 – Page 1 of 3
Revised: September 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 SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. 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 ($4 million aggregate limit).

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

Page 109 of 1935 ends

3-21-23, CC Mtg.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

PROJECT COST REQUIRED 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.

Page 110 of 1935 ends

3-21-23, CC Mtg.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

Subcontractors
CONTRACTOR shall include all subcontractors as 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.

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3-21-23, CC Mtg.

Holder Identifier : 7777777707070700077763616065553330763607546205557707542136672407311072751467057220020762404113076110207126011776234552071626331324323300714023355203237607140033570236732077727252025773110777777707000707007 6666666606060600062606466204446200600222626026022206222204260060002062220262422602000622220424006002206202206262040002062002262620602220622202604004220206022224042002622066646062240664440666666606000606006 Certificate No : 570094314304

CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
07/01/2022
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

PRODUCER
Aon Risk Services Southwest, Inc.

Houston TX Office
5555 San Felipe
Suite 1500
Houston TX 77056 USA
PHONE
(A/C. No. Ext):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
(866) 283-7122
INSURED INSURER A: Zurich American Ins Co 16535
INSURER B: ACE American Insurance Company 22667
INSURER C: ACE Fire Underwriters Insurance Co. 20702
INSURER D:

INSURER E:

INSURER F:

FAX
(A/C. No.): (800) 363-0105

CONTACT
NAME:

JWGUSA Holdings, Inc.
and its Subsidiaries and Affiliates
17325 Katy Freeway
Houston TX 77084 USA
COVERAGES CERTIFICATE NUMBER: 570094314304 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested

POLICY EXP
(MM/DD/YYYY)

POLICY EFF
(MM/DD/YYYY)
SUBR
WVD
INSR
LTR

ADDL TYPE OF INSURANCE INSD POLICY NUMBER LIMITS

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

POLICY LOC

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG
X
X
X
GEN'L AGGREGATE LIMIT APPLIES PER:
$2,000,000
$500,000
$5,000
$2,000,000
$4,000,000
$4,000,000
A GLO484608502 07/01/2022 07/01/2023
PROJECT
OTHER:

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY

SCHEDULED
AUTOS

HIRED AUTOS
ONLY

NON-OWNED

AUTOS ONLY
BODILY INJURY ( Per person)

PROPERTY DAMAGE
(Per accident)
X
BODILY INJURY (Per accident)
$1,000,000 B 07/01/2022 07/01/2023 COMBINED SINGLE LIMIT (Ea accident)
ISA H25570790

EXCESS LIAB
OCCUR

CLAIMS-MADE AGGREGATE

EACH OCCURRENCE
DED

UMBRELLA LIAB

RETENTION
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT $1,000,000
X
OTHER
B 07/01/2022 07/01/2023 PER STATUTE
Work Comp- AOS
C SCFC68919812 07/01/2022 07/01/2023
$1,000,000
Y / N
(Mandatory in NH)

ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED? N N / A
Work Comp- WI

WORKERS COMPENSATION AND

EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
$1,000,000
WLRC68919770
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) SEE ATTACHED ADDENDUM FOR ADDITIONAL NAMED INSURED WOOD COMPANIES. City of Richmond is included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability policy evidenced herein is Primary and Non-Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability, Automobile Liability and Workers' Compensation policies. Should General Liability and Workers' Compensation policies be cancelled before the expiration date thereof, the policy provisions will govern how notice of cancellation may be delivered to certificate holders in accordance with the policy provisions.

CERTIFICATE HOLDER CANCELLATION
City of Richmond AUTHORIZED REPRESENTATIVE
450 Civic Center Plaza
Richmond CA 94804 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

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3-21-23, CC Mtg.

Additional Named Insured
AGENCY CUSTOMER ID:

ADDITIONAL REMARKS SCHEDULE
LOC #:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance EFFECTIVE DATE:

CARRIER NAIC CODE

POLICY NUMBER

AGENCY NAMED INSURED
See Certificate Number:

See Certificate Number:

Aon Risk Services Southwest, Inc.
570000021966
570094314304
570094314304
Page _ of _
JWGUSA Holdings, Inc.

JWGUSA Holdings, Inc.

Wood Group USA, Inc.

Wood Environment & Infrastructure Solutions, Inc.

AMEC Construction Management, Inc.

AMEC E&E, P.C.

AMEC Engineering and Consulting of Michigan, Inc.

Amec Foster Wheeler Energia, S.L.U.

Amec Foster Wheeler Environmental Equipment Company Inc.

Amec Foster Wheeler Industrial Power Company, Inc.

Amec Foster Wheeler Kamtech, Inc.

Amec Foster Wheeler North America Corp
Amec Foster Wheeler Power Systems, Inc.

Amec Foster Wheeler USA Corporation
Amec Foster Wheeler Ventures, Inc.

AMEC North Carolina, Inc.

BMA Solutions, Inc.

C E C Controls Company, Inc.

Cape Software, Inc.

Foster Wheeler Intercontinental Corporation
Ingenious, Inc.

John Wood Group PLC
John Wood Group, Inc.

Kelchner, Inc.

MACTEC Engineering and Consulting, P.C.

MACTEC Engineering & Geology, P.C.

MASA Ventures, Inc.

Mustang International, Inc.

Rider Hunt International USA, Inc.

RHI Talent Inc
RWG (Repair & Overhauls) USA, Inc.

Swaggart Brothers, Inc.

Wood Design, LLC
Wood Group Alaska, LLC
Wood Group Asset Integrity Solutions
Wood Group PSN, Inc.

Wood Group UK, Ltd
Wood Massachusetts, Inc.

Wood Programs, Inc.

The ACORD name and logo are registered marks of ACORD Page 113 of 1935 3-21-23, CC Mtg.

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)

Term, Payment Limit and Service Plan
Payment Limit and Service Plan

Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

Description of Services:

Community Development Lina Velasco [email protected] (510) 620-6706 12406 /3753 ✔ 6 Wood Environment & Infrastructure Solutions, Inc.
180 Grant Avenue, Suite 1100 Oakland, CA 94612-3066 Avery Whitmarsh, Principal Geologist (415) 378-3912 [email protected] 4000-3559 December 31, 2022 ✔ February 15, 2017 February 1, 2017 December 31, 2017 10,000.00 DocuSign Envelope ID: 112E7925-C542-4814-B59D-D3BB14B3F339

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3-21-23, CC Mtg.

Contract Amendment/EJ/TE 09-26-07

7. Signatures. These signatures attest the parties’ agreement hereto:

CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:

I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.

By _______________________
City Clerk
Approved as to form:

By_______________________
City Attorney
List of Attachments:

1. Amendment Provisions

Wood Environment & Infrastructure Solutions, Inc.

DocuSign Envelope ID: 112E7925-C542-4814-B59D-D3BB14B3F339 Principal Geologist
Vice President
10/24/2022
MayoryMayor

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3-21-23, CC Mtg.

Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:

Contract Amendment/EJ/TE 9-26-07
6 /3753 February 1, 2017 June 30, 2023 102,200.00 854,750.00 Wood Environment & Infrastructure Solutions, Inc.

Preparing a Supplemental Remedial Action Plan ("Supplemental RAP") and providing environmental support to facilitate a planned property transaction. It also includes continuing groundwater monitoring at the site through the remainder of 2022 as listed in the scope of work attached.

DocuSign Envelope ID: 112E7925-C542-4814-B59D-D3BB14B3F339

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3-21-23, CC Mtg.
wood.

Wood Environment & Infrastructure Solutions, Inc.
555 12 Street, Suite 215
Oakland, California 94607
USA
7:1-510-663-4100
F:1-833-778-3465
September 19, 2022 www.woodplc.com
Ms. Una VelascoProject Manager II
City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Subject: Change Order Request for Completion of Remedial Design Document Terminal 1 Site
Richmond, California
Dear Ms. Velasco:

Wood Environment & Infrastructure Solutions, Inc. ("Wood") is submitting this change order request tothe City of Richmond for environmental consulting work at the former Terminal 1 facility ("the site") located in Richmond, California. This change order requests additional funds for Contract Number 3753, issued to Amec Foster Wheeler (a Wood predecessor) and executed on February 15, 2017, to implement additional environmental work required by the California Regional Water Quality Control Board, San Francisco Bay Region ("Water Board").

The scope of work in this change order requests includes preparing a Supplemental Remedial Action Plan ("Supplemental RAP") and providing environmental support to facilitate a planned property transaction. It also includes continuing groundwater monitoring at the site through the remainder of 2022.

It is anticipated that Wood will be sold to WSP by September 23, 2022. Contract Number 3752 and its subsequent amendments, including this one, will remain in effect following the sale.

BACKGROUND
Quarterly groundwater monitoring is currently required by the Water Board in support of Water BoardOrder No. R2-2004-0045. Wood's first quarter 2022 groundwater monitoring report requested a transition to semiannual groundwater monitoring, but the request has not yet been approved. We assume that quarterly groundwater monitoring will be required through the remainder of 2022.

It is anticipated that the site will be sold to a developer at the end 2022. In order for the Water Board to approve redevelopment of the site, environmental remediation and mitigation activities will be'Wood' is a trading name for John Wood Group PLC and its subsidiaries DocuSign Envelope ID: 112E7925-C542-4814-B59D-D3BB14B3F339

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Ms. Una Velasco
City of RichmondSeptember 19,2022

Page 2 ends

required. Wood previously prepared the Draft 2018 Remedial Action Plan Addendum ("2018 RAP") and the 2019 Remedial Design Report, which were submitted to the Water Board in preparation for a previously proposed plan for site redevelopment. During meetings since July 2022 with the City of Richmond, the developer. Wood, and the Water Board, it has been agreed that Wood will prepare a Supplemental RAP to document the proposed changes to the 2018 RAP.SCOPE OF WORK The anticipating remaining scope of work includes drafting and submittal of the Supplemental RAP, associated environmental support to obtain Water Board approval of the Supplemental RAP, andperforming two quarterly groundwater monitoring events. Wood understands that the Terminal One property will be transferred to entity owned by Laconia Development following the Water Board's approval of the Supplemental RAP, and that this entity will be responsible for implementation of the work specified in the Supplemental RAP. This change order requests funds to complete work throughthe remainder of 2022.Task 13: Supplemental RAP and Transaction SupportThis task includes preparing the Supplemental RAP, which will include the following:
• A summary of the proposed redevelopment.
• Description of changes to the previous RAP approach that will be necessary to accommodate the currently planned redevelopment. These changes are anticipated to focus on the vapor intrusion mitigation system, raising of grades, and soil cleanup levels. • A summary of the proposed approach to address anticipated sea level rise. • Figures overlaying the various remedial and mitigation approaches on the current redevelopment plan, including presentation of analytical results where appropriate.

We anticipate submitting a draft of the Supplemental RAP to the Water Board for preliminary review.

Wood will then address Water Board comments and submit a final report. It is anticipated that the final Supplemental RAP will be submitted to the Water Board in October 2022.In addition to the Supplemental RAP, we assume that Wood will participate in preparation and followup phone calls and web meetings with the Water Board and other stakeholders to obtain approval of the Supplemental RAP and otherwise support the transaction.

Task 14: Quarterly Groundwater Monitoring
This task includes performing two quarterly groundwater monitoring events, including associated planning, sampling, and reporting.Prior to each event, Wood will perform necessary planning and coordination, and will contract the analytical laboratory. During the monitoring event, Wood will gauge 16 monitoring wells (B-01s, through BT 04S, MW-03 through MW-05, MW-EGIs, MW-EG2s, MW-NE2s, MW-P-1, MW-TH3sthrough MW-TH6s, and MW-TH6) and collect groundwater samples from nine monitoring wells (BT-01s through BT 04s, MW-03 through MW-05, MW P-1, and MW-TH6s), where sufficient water is DocuSign Envelope ID: 112E7925-C542-4814-B59D-D3BB14B3F339

Page 118 of 1935 ends

3-21-23, CC Mtg.

Ms. Una Velasco
City of Richmond
September 19, 2022

Page 3 ends

available for sampling. Wood will submit the groundwater samples to a California-certified laboratory for analysis for diesel and motor oil range organics and total extractible petroleum hydrocarbons by U.S. Environmental Protection Agency Method 801 SB (without silica gel cleanup). Following completion of the sampling event, Wood will perform management and analysis of the data, update tables and figures with the data, prepare a brief summary report that will be submitted to the Water Board.

COST ESTIMATEThe cost to complete the work described in this proposal is $102,200. Cost details are shown in the attached Cost Estimate CTable 1). We understand the City will issue an amendment to our existingcontract with the City for the work included in this proposal.

Sincerely,
Wood Environment & Infrastructure Solutions, Inc.Avery Whitmarsh, PG Kenneth Conner, PE Principal Geologist Northern California Office Manager/Vice President
aw/kc/sc
https://woodplc.sharepoint.com/teams/terminal1/shared documents/general/0000_admin_pm/proposals/2022_09_proposal10_supplemental rap and gw sampling/proposal 10_city of richmond.docxAttachment: Table 1 - Cost Estimate DocuSign Envelope ID: 112E7925-C542-4814-B59D-D3BB14B3F339

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wood.

TABLE 1

COST ESTIMATE
Terminal 1 Site
Richmond, California
Phase 13 - Supplemental RAP and Transaction Support
Principal
Senior AssociateSenior 2Senior 1
Professional 3
CAD/Graphics
Senior Accountant
PA
Rate ($)
263.00
210.00
204.00
165.00160.00
100.00
127.00

83.00 Unit
hrshrshrshrshrshrs
hrs
hrs
Quantity
no
2424
120
10 32
4 8
Phase 13 Total |
Estimated Cost
$ 28,930.00$ 5,040.00$ 4,896.00$ 19,800.00$ 1,600.00$ 3,200.00 $ 508.00
$ 664.00
$ 64,700.00
Phase 14 - Quarterly Groundwater Monitoring
Principal
Senior AssociateSenior 2
Senior 1
Professional 3Professional 2Professional 1
CAD/GraphicsSenior Accountant
PARental vehicleEquipmentRental EquipmentIDW
Laboratory Analysis
Rate ($)
263.00
210.00204.00
165.00160.00138.00
127.00
100.00127.00

83.00 100.00

74.00 390.00970.00
2330.00
Unit
hrshrshrs
hrs
hrshrshrs
hrs
hrshrs
ea.ea.ea.ea.
ea.

Quantity
10 0
22 0
44 8
120
8 4
6 4
2 2

1.15 1.15
Phase 15 Total I
Estimated Cost
$ 2,630.00$$ 4,488.00$$ 7,040.00$ 1,104.00
$ 15,240.00
$ 800.00$ 508.00$ 498.00
$ 400.00
$ 148.00$ 780.00$ 1,115.50$ 2,679.50
$ 37,500.00
TOTAL $ 102,200.00
https://woodplc.sharepoint.com/teams/Terminal1/Shared Docunnents/General/0000_Admin_PM/Proposals/2022_09_Proposal10_Supplemental RAP and GWsampling/Proposal 10_City of Richmond_Cost Estimate.xlsx DocuSign Envelope ID: 112E7925-C542-4814-B59D-D3BB14B3F339

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Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (SERVICE PLAN)
(CONTRACTOR’S OBLIGATION’S)
The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:

Contract Amendment/EJ/TE 9-26-07
Wood Environment & Infrastructure Solutions, Inc.
6 /3753
The scope of work includes drafting and submittal of the Supplemental RAP, associated environmental support to obtain Water Board approval of the Supplemental RAP, and performing two quarterly groundwater monitoring events. Wood understands that the Terminal One property will be transferred to Terminal One Development LLC following Water Board's approval of the Supplemental RAP, and that this entity will be responsible for implementation of the work specified in the Supplemental RAP. This change order requests funds to complete work through the remainder of 2022.

DocuSign Envelope ID: 112E7925-C542-4814-B59D-D3BB14B3F339

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