Richmond City Council
June 27, 2023

PLEASE NOTE: HYBRID MEETING FORMAT

AGENDA(S)
-SPECIAL JOINT MEETING OF THE RICHMOND HOUSING AUTHORITY/RICHMOND CITY COUNCIL -REGULAR MEETING OF THE RICHMOND CITY COUNCIL

Tuesday, June 27, 2023, 4:00 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
Jaycine Scott, Housing Authority Tenant Commissioner
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:

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

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

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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Passcode: ccmeeting

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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 2 the Clerk, Richmond, CA 94804.

Via eComments: eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. 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-and- forth email discussion, and state the name of the staff member when requesting removal of the item from the consent calendar (by 2 p.m. the day of the meeting).

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

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

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 3 provide comments at/related to public meetings. Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to [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
4 A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 4:00 p.m.

B. ROLL CALL
C. CLOSED SESSION
C.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
Title: City Manager•
C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Representatives: Sharrone Taylor and Jack Hughes• Employee organizations:

SEIU Local 1021 Full Time Unit and Part Time Unit1.

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

2. Richmond Police Officers Association RPOA3.

Richmond Police Management Association RPMA4.

IAFF Local 1885.

Richmond Fire Management Association RFMA6.

C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
Three Cases•
C.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
•
Richmond Shoreline Alliance v. City of Richmond •
D. PUBLIC COMMENT BEFORE CLOSED SESSION
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 5 F. JOINT SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY /

RICHMOND CITY COUNCIL
6:25 p.m.

G. PLEDGE OF ALLEGIANCE
H. ROLL CALL
I. STATEMENT OF CONFLICT OF INTEREST
J. REPORT FROM THE EXECUTIVE DIRECTOR
K. AGENDA REVIEW
L. JOINT RICHMOND HOUSING AUTHORITY / RICHMOND CITY COUNCIL BUDGET

SESSION
L.1 Annual Review and Adoption of Financial Policies for Fiscal Year 2022-23 and Fiscal Year 2023-24 (Cash Reserve, OPEB Funding, Pension Funding, RHA – City Administrative Services Agreement)
13 REVIEW and ADOPT resolutions for the Cash Reserve Policy, OPEB Funding Policy, Pension Funding Policy, and Richmond Housing Authority/City of Richmond agreement, and resolutions for Fiscal Year 2022-2023 and Fiscal Year 2023-2024 – Finance Department (Nickie Mastay 510-620-6609/Mubeen Qader 510-412-2077/Gabino Arredondo 510-621-1300).

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

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

CLOSED SESSION
S. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) T. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) (public comments allowed under Open Forum)
U. CRIME REPORT FROM POLICE CHIEF - 4th Tuesday (public comment allowed under Open Forum)
V. COMMENDATIONS, PRESENTATIONS, AND PROCLAMATIONS
V.1 Recognize the Organizers of the Cinco de Mayo Parade and Festival 42 PROCLAMATION recognizing the 23rd Street Merchants Association and Peace & Unity for their commitment to organizing the Cinco de Mayo Festival and Parade - Mayor Eduardo Martinez (510-620-6503) and Councilmember Cesar Zepeda (510-620-6593). This item was continued from the June 20, 2023, meeting.

V.2 Recognition of Dr. Carol Weyland Conner’s legacy and service to the City of Richmond
45 PROCLAMATION recognizing Dr. Carol Weyland Conner’s legacy of giving to people in need and the resources she provided to benefit many residents of Richmond and the greater Contra Costa County - Vice Mayor Gayle McLaughlin (510-620-6636).

W. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
X. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
7 X.1 City Attorney's Office
X.1.a Fifth Amendment of the Downey Brand Legal Services Agreement 48 APPROVE a fifth amendment to the Legal Services Agreement with Downey Brand, in the amount of $75,000, to represent the City in pending appeals and any further litigation involving the Point Molate property and the City’s prior CEQA and land use entitlement process(es), for a total contract amount of $1,125,000 – City Attorney’s Office (Dave Aleshire 510-620-6509).

X.1.b First Amendment to the Legal Services Agreement with Goldfarb & Lipman
93 APPROVE a first amendment to the Legal Services Agreement with Goldfarb & Lipman to continue to advise and represent the City of Richmond, and its officers, agents, and employees on matters pertaining to land use litigation, CEQA, and SB 330 claims as directed by the City Attorney, in an amount not to exceed $75,000, for a total contract amount of $375,000, and extending the term to June 30, 2025 – City Attorney’s Office (Dave Aleshire 510-620-6509).

X.2 City Clerk's Office
X.2.a Minutes of City Council Meetings 120
APPROVE the minutes of the June 15, 2023, special meeting - City Clerk's Office (Pamela Christian 510-620-6513).

X.3 City Council
X.3.a Joint meeting of Richmond City Council and WCCUSD Board 122 DIRECT staff to connect with West Contra Costa Unified School District (WCCUSD) Superintendent Dr. Chris Hurst to identify a date and location in the fall for a joint meeting of the Richmond City Council and the WCCUSD Board to hear updates and explore collaborations - Vice Mayor Gayle McLaughlin (510-620-6636).

X.4 Economic Development
X.4.a Marine Spill Response Corporation (MSRC) First Lease Amendment to Lease Agreement
124
APPROVE a First Lease Amendment to Lease Agreement with Marine Spill Response Corporation (MSRC), for a ten-year term commencing July 1, 2023, and two successive five-year extension options that could potentially extend the lease term through June 30, 2043 – Economic Development Department (Nannette
Beacham/Lizeht Zepeda 510-620-6653).
8 X.4.b FY 2023-24 Neighborhood Public Art (NPA) Mini Grant Awards Selection
173
APPROVE a recommendation from the Richmond Arts and Culture Commission (RACC) for Fiscal Year (FY) 2023-24 to grant awards to twelve selected artists, for a total combined amount not to exceed $89,589, for a term beginning August 1, 2023, and ending June 30, 2024; and AUTHORIZE the city manager or their designee to negotiate and execute agreements with approved grantees - Economic Development Department (Nannette Beacham/Winifred Day 510-620-6512).

X.5 Finance Department
X.5.a Approval of Liens and Special Assessments for Unpaid Garbage Collection Service Fees Due to Republic Services
182
ADOPT a resolution authorizing placement of liens and special assessments for unpaid garbage collection service fees on Contra Costa County’s property tax records – Finance Department (Mubeen Qader 510-620-6740/Antonio Banuelos 510-620-6741).

X.6 Information Technology
X.6.a First Amendment to the Agreement with Maze and Associates for Continued Cyber Security Awareness Training
223
APPROVE a first contract amendment with Maze and Associates in the amount of $17,790, for a total contract amount not to exceed $39,865.20, for continued cyber security awareness training, with a term extending through June 30, 2025 – Information Technology Department (Sue Hartman 510-620-6874).

X.6.b Sole-Source Contract with Packet Fusion, Inc for Extended License and Maintenance Services for VoIP Phone System
290
APPROVE a sole-source contract in the amount of $60,328.80 with Packet Fusion, Inc. for licensed use, maintenance, and support services for the City’s Voice Over Internet Protocol (VoIP) system, with a term from July 1, 2023, through December 31, 2024, including six months of extended maintenance services, with the option of four three-month extensions – Information Technology Department (Sue Hartman 510-620-6874).

X.6.c First Amendment to the Agreement with Maze & Associates for Added Services for Cybersecurity Defense
383
APPROVE a first amendment to the agreement with Maze &
Associates to procure, implement, maintain, and support the Darktrace cybersecurity defense system, increasing the
compensation by $134,100, for a total contract amount not to exceed $283,100, and extending the term to June 30, 2025 – Information Technology Department (Sue Hartman 510-620-6874).
9 X.7 Library and Community Services
X.7.a Release of the 2023 Community Survey 449
APPROVE the release of the Polco/National Research Center 2023 National Community Survey – Community Services Department (Lashonda White 510-620-6828/Patrick Seals 510-307-8016).

X.7.b Fiscal Year 2023-2024 North Richmond Mitigation Fee Expenditure Plan
458
APPROVE the Fiscal Year 2023-2024 North Richmond Waste and Recovery Mitigation Fee Expenditure Plan, identifying the activities authorized to be funded with Mitigation Fee revenue and respective funding allocations for the period of July 1, 2023 through June 30, 2024, as recommended by the North Richmond Waste and Recovery Mitigation Fee Joint Expenditure Planning Committee – Community Services Department (LaShonda White 510-620-6828/Lori Reese- Brown 510-620-6869).

X.8 Police Department
X.8.a Agreement with Sacramento Hotel Partners, LLC dba Embassy Suites for a Peace Officers Standards and Training (POST) Team Building Workshop
486
APPROVE an agreement with Sacramento Hotel Partners, LLC dba Embassy Suites by Hilton Sacramento Riverfront Promenade for hotel lodging and conference room rental in an amount not to exceed $25,500, which includes a $737.09 contingency; and APPROVE expenses in the amount not to exceed $5,500 for mileage and meal costs, which includes a $159.40 contingency, for a combined total of $31,000, of which $5,579.15 is reimbursable by Peace Officers Standards and Training Team Building Workshop (TBW) sponsorship – Police Department (Chief Bisa French 510-621-1802).

X.8.b Three-year contract, with two one-year extension options, with Kwon Veterinary Corporation dba Richmond Veterinary Hospital (Richmond Vet).
498
APPROVE a three-year contract with Kwon Veterinary Corporation dba Richmond Veterinary Hospital (Richmond Vet) to provide veterinary services, with two one-year mutually agreed to extension options, for the term of July 1, 2023, through June 30, 2026, for a total amount not to exceed $40,000 – Police Department (Chief Bisa French 510-621-1802).
10 X.9 Public Works
X.9.a Resolution Approving a Temporary Waiver of Competitive Bidding on Fleet Items and Advanced Authorization to Purchase Vehicles 526
ADOPT a resolution approving a temporary waiver of competitive bidding on fleet vehicles and advanced authorization to purchase fleet vehicles – Public Works Department (Daniel Chavarria 510-620- 5478/Dee Karnes 510-231-3044).

X.9.b Purchase of Asphalt Materials and Supplies for Paving Projects and Pothole Repairs
530
APPROVE contracts with Martin Marietta Materials, Inc., Vulcan Materials Company, and Dutra Materials for asphalt materials and supplies each in a total combined amount of $10,000,000 per three- year contract term, each with one two-year option to renew at $5,000,000 per vendor over the two-year period - Public Works Department (Daniel Chavarria 510-620-5478/Rob Chelemedos 510- 231-3007).

X.9.c Boiler Chemical Treatment Services 645
APPROVE a contract with Tahoe Instruments for boiler chemical treatment services to multiple City-owned steam and closed loop hot water boilers, in an amount not-to-exceed $100,000, over a three- year period beginning July 1, 2023, and ending June 30, 2026, with an option to extend an additional two years at $70,000 for the two- year period – Public Works Department (Daniel Chavarria 510-620- 5478/Carl Capistrano 510-620-6896).

X.10 Rent Program
X.10.a Resolution Establishing the Fiscal Year 2023-24 Residential Rental Housing Fee
707
ADOPT a resolution establishing the Fiscal Year 2023-24 Residential Rental Housing Fee in the amount of $220 per Controlled Rental Unit and $125 per Partially Covered Rental Unit – Rent Program (Nicolas Traylor 510-620-6564).

Y. STUDY AND ACTION SESSION
Y.1 Approval of Fees for a Revised Master Fee Schedule 716 ADOPT a resolution adjusting the dollar amount for current fees except for Recreation fees which will remain as is; and PROVIDE DIRECTION to City staff on how to proceed with an analysis of Recreation rental fees. Staff will return in first half of Fiscal Year 2023-2024 to review the analysis and make recommendations regarding new proposed Recreation fees – Finance Department (Mubeen Qader/Antonio Banuelos 510-620- 6741). This item was continued from the June 20, 2023, meeting.
11 Y.2 EBMUD PRESENTATION 833
RECEIVE an East Bay Municipal Utility District (EBMUD) presentation on the Sobrante Water Treatment Plant Improvement Project - City Manager's Office/Public Works Department (Shasa Curl 510-620-6512/Daniel Chavarria 510-620-5478).

Z. ADJOURNMENT
________________________
12

June 27, 2023

Finance Department

DATE: June 27, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Nickie Mastay, Deputy City Manager – Internal Services
Mubeen Qader, Deputy Director of Finance
Gabino Arredondo, Interim Director of the Richmond
Housing Authority

Subject:

Annual Review and Adoption of Financial Policies for
Fiscal Year 2022-23 and Fiscal Year 2023-24 (Cash
Reserve, OPEB Funding, Pension Funding, RHA – City
Administrative Services Agreement)
FINANCIAL IMPACT: The adoption of and adherence to financial policies can be measured by factors such as:
•Minimizing borrowing costs;
•Providing fiscal security during times of unforeseen
economic downturns; and
•Paying down the City’s unfunded liability annually.

PREVIOUS COUNCIL
ACTION:

May 2, 2023, May 16, 2023, June 2, 2023

STATEMENT OF THE
ISSUE:

City Staff is requesting that City Council review and
approve the City’s annual Financial Policies (Cash
Reserve, OPEB Funding, Pension Funding Policies, and
RHA-City of Richmond Agreement).

JOINT MEETING

AGENDA REPORT
Richmond Housing Authority (RHA) &
City of Richmond
13

June 27, 2023
RECOMMENDED ACTION:

REVIEW and ADOPT resolutions for the Cash Reserve
Policy, OPEB Funding Policy, Pension Funding Policy,
and Richmond Housing Authority/City of Richmond
agreement, and resolutions for Fiscal Year 2022-2023
and Fiscal Year 2023-2024 – Finance Department
(Nickie Mastay 510-620-6609/Mubeen Qader 510-412-
2077/Gabino Arredondo 510-621-1300).

DISCUSSION:

On April 4, 2022, the City of Richmond was notified by the California State Auditor that it would be conducting an audit of the City as approved by the Joint Legislative Audit Committee on June 30, 2021. The State Auditor’s local audit program identifies and supports local government agencies that might be at high risk based upon analysis of the City’s audited financial statements. Richmond’s risk assessment was conducted in February 2021 based upon the City’s June 2020 financial statements.

At the conclusion of the audit, the State Auditors formalized 11 recommendations that were presented to the City Council at the December 20, 2022, City Council meeting.

City staff incorporated the Auditor’s recommendation into a Corrective Action Plan.

Cash Reserve Policy

The State Auditor’s recommendation number 1 on the Cash Reserve Policy states:
“To help ensure that Richmond maintains appropriate reserves for times of fiscal uncertainty, city staff should, by June 2023, review Richmond's reserve policy to determine whether a higher reserve target is appropriate. As part of the review, staff should consider all the factors the Government Finance Officers' Association (GFOA) recommends for setting a reserve targe t. Once that review is complete, city staff should present proposals to the city council for modifying the city's policy.” (California State Audit, 2021-806)

Municipal governments provide a wide range of services that have an impact on public safety and quality of life for community members. Prudent use of resources helps determine how effectively these services are provided on an ongoing basis. In addition to managing revenues and expenditures, it is also the municipal finance official’s responsibility to focus on the General Fund balance and maintain cash reserves. Such focus is important to maintain operations in case of any significant event that could cause disruptions in cash flow, such as an economic downturn or natural disaster.

The Governmental Finance Officers Association (GFOA) recommends that reserve levels be directly related to the degree of uncertainty the local government faces. The following guidelines were presented to the City Council during May 2, 2023, City Council meeting:

14

June 27, 2023

1. The predictability of its revenues and the volatility of its expenditures (i.e., higher levels of unrestricted fund balance may be needed if significant revenue sources are subject to unpredictable fluctuations or if operating expenditures are highly volatile);

2. Its perceived exposure to significant one-time outlays (e.g., disasters, immediate capital needs, state budget cuts);

3. The potential drain upon general fund resources from other funds, as well as the availability of resources in other funds;

4. The potential impact on the entity’s bond ratings and the corresponding increased cost of borrowed funds.

Commitments and assignments (i.e., governments may wish to maintain higher levels of unrestricted fund balance to compensate for any portion of unrestricted fund balance already committed or assigned by the government for a specific purpose). Governments may deem it appropriate to exclude from consideration resources that have been committed or assigned to some other purpose and focus on unassigned fund balance, rather than on unrestricted fund balance.”

City staff also presented the City Council with a Five-Year Financial Forecast with three scenarios on June 6, 2023. Under the pessimistic scenario, the City is forecasting an operational deficit of $9.6 million by the end of Fiscal Year 2028.

Figure 1: Five-Year Financial Forecast, Pessimistic Scenario, Originally presented on June 6, 2023
2023 2024 2025 2026 2027 2028
Revenues 215,103,041 225,374,607 238,843,933 243,243,012 250,092,434 257,279,354 Expenditures 215,139,687 225,374,607 240,503,329 249,276,243 258,213,985 266,846,849 Surplus/(Deficit) (36,647) - (1,659,396) (6,033,231) (8,121,551) (9,567,495) Reserve Level @ 20% 43,027,937 45,074,921 48,100,666 49,855,249 51,642,797 53,369,370 Reserve Level @ 22% 47,330,731 49,582,414 52,910,732 54,840,774 56,807,077 58,706,307

To preserve the City’s services to the community through the potential volatility of revenues and uneven cash flows in the future years, the Cash Reserve Policy identifies a year-end cash balance equal to twenty-two percent (22%), slightly more than two months of General Fund total expenditures (including transfers out) as the minimum cash reserve level. Staff recommends the Cash Reserve Policy identifies an ending Cash Balance equal to 22 percent of total General Fund Expenditures budgeted in the ensuing Fiscal Year.

OPEB Funding Policy

The State Auditor’s recommendation number 5 on Other Post-Employment Benefits(“OPEB”) states:

15

June 27, 2023
“To improve the city's ability to pay other post -employment benefits, Richmond should, by June 2023 and annually thereafter, implement a policy identifying funds, such as surpluses or one-time revenues that should be contributed to the OPEB trust fund. Sta ff should conduct an annual analysis to determine whether any funds available to the city are applicable under the city's policy and should present a proposal to the city council to apply those funds to the trust fund.” (California State Audit, 2021-806)

The City provides medical benefits to retirees. The benefit is paid monthly to the retiree, subject to proof of coverage and attestation of premium payment, and generally ceases upon death of the retiree. Unlike the expenses associated with pension benefits, the City has historically chosen to pay its OPEB expenses as they come due (the monthly reimbursements to retirees) rather than as they are earned. These annual “pay-as-you- go” benefit expenses have increased over the years and are expected to continue growing as more active employees retire and as healthcare costs increase.

Payment of OPEB expenses as they come due, rather than as they are earned, results in the accumulation of unfunded liability for the future benefit. To estimate that liability, and to calculate the annual contribution required to pay down that liability over a specified amortization period (the Actuarial Determined Contribution, ADC), the City’s actuary prepares an OPEB valuation annually.

As of July 1, 2021, the City’s OPEB Funding valuations estimates an Unfunded Actuarial Accrued Liability (UAAL) of $85.41 million, $76.48 million for City OPEB plan (administered by PARS) and $8.93 million for Richmond Police Officers Association (RPOA) OPEB plan (administered by CalPERS). In December 2022, the City’s Actuary projected an ADC of $10.29 million consisting of $8.73 million for the City Plan and $1.56 million for the RPOA plan for FY22-23 and projected an ADC of $10.36 million consisting of $8.78 million for the City Plan and $1.58 million for the RPOA plan for FY23-24.

The City staff recommend that the City Council continue pre-funding the City’s OPEB liabilities by directing the City Manager to continue contributing the ADC minus the pay- as-you-go costs into the Trusts to pay down the City’s unfunded liability annually.

Additionally, staff is recommending contributing 10 percent of each year-end operating surplus in the General Fund in excess of the City’s Cash Reserve Policy into the Trusts.

The prior OPEB Funding Policy that was discontinued by the City Council in September 2022 had a contribution rate of 50 percent of each year-end General Fund operating surplus. This additional contribution shows that the City is addressing its OPEB UAAL.

Pension Funding Policy

The State Auditor’s recommendation number 4 on retirement-related costs states:
“To ensure that Richmond is able to fund its retirement-related costs, city staff should, by June 2023, propose to the city council a specific policy regarding funding of its pension trust fund for this purpose. Staff should report to the city council on estimated long -term savings from increasing its direct payments to Cal PERS compared to investing the same amounts in its pension trust fund. Staff members should use this information to inform 16

June 27, 2023
their recommendations related to funding targets for the pension trust fund and should consider re commending that the council increase the city's payments directly to CalPERS.” (California State Audit, 2021-806)

The City of Richmond’s Unfunded Accrued Liability (“UAL”), also known as the Net Pension Liability (“NPL”), has grown from $263 million as of fiscal year end 2015, to a projected $381 million, as of fiscal year end 2022. Annual costs to amortize this debt with CalPERS have risen from $14 million, to $29 million, over the last 6 years and are projected to grow another 46 percent (46%) by fiscal year 2031. Rising pension costs are one of the largest financial challenges facing agencies state-wide and are projected to impact the City’s budget significantly, potentially crowding out other critical priorities and projects.

The City of Richmond, like most cities in California, has a UAL associated with its CalPERS pension plans for Safety and Non-Safety employees. A UAL occurs when current pension plan assets are not projected to be sufficient to pay projected pension costs in future years. As of June 30, 2021 (the most recent CalPERS valuation), the City's UAL was $249 million. However, CalPERS reported an investment return of -7.5 percent for fiscal year 2022, which is projected to increase the City's UAL to approximately $381 million.

CalPERS investment earnings for fiscal year 2023 were not meeting its target as of the end of March, which, if unchanged, may increase the UAL to more than $409 million at the plan’s June 30, 2023, valuation. CalPERS charges the City of Richmond a 6.8 percent interest rate on this debt and requires a repayment schedule that escalates quickly over the next decade. Payments to amortize this debt have risen from $14 million in fiscal year 2018, to $29 million in fiscal year 2023, and are projected to rise to close to $43 million by the end of the decade. In addition to the City’s $29 million in UAL costs, other pension costs include $12 million for CalPERS Normal Costs and $6 million for the 2022 Pension Obligation Bonds (“POB”), bringing overall pension costs for FY 2023 to approximately $47 million.

Unique to the City of Richmond, and approximately 20 other public agencies statewide, is a Property Tax Override (PTO) levied to cover a portion of pension costs. This provides the City of Richmond a tool to assist with managing rising pension costs.

Based on the most recent independent actuarial report, approximately 82 percent of overall (UAL, Normal Cost and POB) pension costs can legally be paid for by the Pension Tax Override Revenues (PTOR). However, the City of Richmond also has a constraint on the PTOR levy of 0.14 percent of assessed valuation, which currently generates approximately $25 million of revenue (covering approximately 53 percent of the total $47 million of annual pension costs). Additionally, secured annual debt service on the City’s 2022 Pension Refunding Bonds have a first lien on PTOR received by the City. As such, the City will want to consider all available cost management options for addressing the UAL.

17

June 27, 2023
The City has taken some proactive steps to control pension costs. In July 2022, the City approved the establishment of a Section 115 Trust with PARS. Benefits of a Section 115 Trust include (1) the ability to use the funds in the future to pay down the plan’s UAL or help smooth required CalPERS expenses; (2) enhanced budgetary flexibility; (3) investment diversification of pension assets away from CalPERS; and (4) increased investment earnings vs. other City reserves.

The City has also historically taken advantage of the prepayment discount offered by CalPERS by making a lump sum UAL payment at the beginning of each fiscal year.

Currently, the prepayment discount is approximately 3.3 percent. Additionally, the City issued Pension Refunding Bonds in August 2022, to strategically restructure prior pension obligation bonds and eliminate the City’s exposure to interest rate swaps.

By matching the term of the bonds with the UAL, the City was able to restructure a portion of its pension expenses to better align with projected PTO revenues, generating significant savings to the General Fund over the next decade. However, with pension costs increasing significantly due to poor CalPERS investment performance, in conjunction with PTORs being limited by the 0.14 percent levy cap, it is imperative that the City continue to evaluate ways to manage growing expenses and implement cost management strategies to help stabilize future pension cost volatility.

City staff recommends that the City Council place the savings from prepayment of the CalPERS UAL into the 115 trust. Additionally, staff recommends contributing 10 percent of each year-end operating surplus in the General Fund in excess of the City’s Cash Reserve Policy into the Trust, proactively preparing for imminent cost increases.

City of Richmond and Richmond Housing Authority Agreement

At the conclusion of audit, the State Auditor formalized eleven recommendations that the City has grouped into three broad areas: Budget Strategy, Housing Authority Administration, and Operations. In response to the State Auditor’s report, the City developed a Corrective Action Plan. The recommendation pertaining to the RHA and the City addressed in the recommended action is Recommendation Number 8 pertaining in particular to the development of an Administration Agreement:
“To define Richmond's responsibility related to the housing authority, Richmond should immediately enter into a written agreement with the housing authority defining each entity's financial responsibilities and draft plans to resolve past tax liabilities and prevent unnecessary new liabilities.”

The draft Administrative Agreement w ill be entered by the City and RHA outlining each entity's financial responsibilities and addressing the State Auditor’s recommendation conclusion to immediately enter into a written agreement. (California State Audit, 2021 - 806)

18

June 27, 2023
Next Steps

City staff recommend that the City Council adopt the resolutions to approve the attached policies and approve the agreement with RHA to implement the subject State Audit recommendations.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution Adopting Fiscal Year 2022-23 & Fiscal Year 2023-24 Cash Reserve Policy
Attachment 2 – Fiscal Year 2022-23 & Fiscal Year 2023-24 Cash Reserve Policy Attachment 3 – Resolution Adopting Fiscal Year 2022-23 & Fiscal Year 2023-24 OPEB Funding Policy
Attachment 4 – Fiscal Year 2022-23 & Fiscal Year 2023-24 OPEB Funding Policy Attachment 5 – Resolution Adopting Fiscal Year 2022-23 & Fiscal Year 2023-24 Pension Funding Policy
Attachment 6 – Fiscal Year 2022-23 & Fiscal Year 2023-24 Pension Funding Policy Attachment 7 – RHA - City Administrative Services Agreement

19 Reso No.____

RESOLUTION NO. _____

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

ADOPTING THE CASH RESERVE POLICY

WHEREAS, the City of Richmond has determined that an appropriate level of the General Fund reserves is a policy decision; and

WHEREAS, the Governmental Finance Offi cers As sociation recommends that reserve levels be directly related to the degree of uncertainty the local government faces; and

WHEREAS, the Cash Reserve Policy identifies an ending cash balance equal to twenty two percent (22%) of total General Fund expenditures budget of the 20223-234 Fiscal Year as the minimum needed to provide stability against potential volatility of revenues and uneven cash flows; and

WHEREAS, City Council approval is required before any withdrawals from cash reserves, which should be used for one-time emergencies only and not to be used for ongoing expenditures; and

WHEREAS, as the City experiences net revenue gains in future years, cash reserves must grow back to a twenty two percent (22%) of total General Fund expenditures budget of the next 2023-24 Fiscal Year; and

WHEREAS, the adoption of the Cash Reserve Policy is consistent with “best practices” and the City Council’s fiduciary oversight of fiscal policies.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby adopts the Cash Reserve Policy for the City of Richmond that is attached hereto as Exhibit A.

20 Reso No.____

I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond, California, at a regular meeting thereof held June 27, 2023, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
____________________________________

CLERK OF THE CITY OF

RICHMOND
(SEAL)
Approved:

_________________________________
Mayor

Approved as to Form:

_________________________________
City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }
I certify that the foregoing is a true copy of Resolution No._____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on ____________.
21 Cash Reserve Policy of the City of Richmond
1 Cash Reserve of the City of Richmond
Established by the Finance Department

Fiscal Year 2022-2023 & Fiscal Year 2023-2024

1. Overview
Municipal governments provide a wide range of services that have an impact on public safety and quality of life for community members. Prudent use of resources helps determine how effectively these services are provided on an ongoing basis. In addition to managing revenues and expenditures, it is also the municipal finance official’s responsibility to focus on the Gener al Fund bal ance and maintain cash reserves. In particular, to maintain operations in case of any significant event that could cause disruptions in cash flow, such as an economic downturn or natural disaster.

The City of Richmond endeavors to maintain adequate reserves in its General Fund as a matter of fiscal prudence and sound financial management: This policy will guide the City in:

 Planning for contingencies and unexpected events;
 Ensuring cash availability to stabilize cash flow;
 Maintaining creditworthiness;
 Long-range financial planning; and
 Deciding when to use reserves and how to replenish reserves should they fall below the minimum threshold

2. Policy Guidelines
For purposes of this policy document, cash reserves refer to the sum of the Committed, Assigned, and Unassigned portions of the fund balance in the General Fund. The Governmental Accounting Standards Board Statement No. 54 (GASB 54) defines five distinct classifications of fund balances, applicable to governmental funds only, as follows:

CLASSIFICATION NATURE OF DESIGNATION
Non-Spendable Cannot be spent because they are either (a) not in spendable form or (b) legally or contractually required to remain intact
Restricted Restricted either externally imposed or imposed by law through constitutional provisions or enabling legislation Committed Reserved f or specific purposes pursuant to constraints imposed by formal action of the City Council
Assigned Reserved by the City Cou ncil or City Manager f or specific purposes, but neither restricted nor committed
22 Cash Reserve Policy of the City of Richmond
2 Unassigned Residual balance not classified in any of the above categories and has not been restricted, committed, nor
assigned to specific purposes
The City shall maintain yea r end contingency reserv e balances in the General Fund of a minimum of twenty two percent ( 22%) of next year’s budgeted General Fund expenditures including transfers out. This is the minimum needed to maintain the City’s creditworthiness and to adequately provide for economic and legislative uncertainties, cash flow needs and contingencies. A policy based upon percentage assures that the reserve will remain a prudent cushion as the City’s budgets grow over time.

City Council approval is required before any withdrawals from the reserve fund. The City Council shall have the discretion to use the reserve for one -time emergencies only and not to be used for ongoing expenditures. As the City experiences net revenue gains in future years, the reserve balan ce must grow back to a minimum of t wenty two percent ( 22%) of total expenditures, in order to allow the City to build up its capacity to handle future short term economic downturns or emergencies with minimal to no impact to City services.

The Director of Finance will review the Cash Reserve Policy annually in connection with the City’s annual budget process to ensure that the City is in compliance with the policy .

Additionally, the City Manager will review the policy at regular intervals and will make recommendations for modification as deemed appropriate.

23 Reso No.____

RESOLUTION NO. ____

A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, ADOPTING THE OPEB FUNDING POLICY FOR THE CITY OF RICHMOND OTHER POST EMPLOYMENT BENEFITS (“CITY OPEB” ) TRUST

AND RICHMOND POLICE OFFICERS ASSOCATION OTHER POST
EMPLOYMENT BENEFITS (“RPOA OPEB”) TRUST

WHEREAS, the City of Richmond (the “City”) is a charter city that operates under the Council-Manager form of government for the purposes of providing a full range of municipal services including police and fire protection; construction and maintenance of highways, streets and infrastructure; library services; storm water and municipal sewer systems; wastewater treatment facility; and the administration of recreational activities and cultural events; and

WHEREAS, the City also operates the Richmond Memorial Convention Center and the Port of Richmond; and

WHEREAS, the City has established and maintains certain employee benefit plans that provide post -employment benefits other than pensions (hereafter “other post - employment benefits” or “OPEBs”), such as, but not limited to, medical, dental, vision and prescription drug coverage, to OPEB participants who are eligible for coverage thereunder; and

WHEREAS, beginning in the fiscal year ending June 30, 2018, the City m ust recognize OPEB unfunded liabilities in its Annual Comprehensive Financial Report due to the implementation of Governmental Accounting Standards Board Statement No s. 74 and 75; and

WHEREAS, as of June 2008, the City established an irrevocable OPEB trust (City OPEB) pursuant to Section 115 of the Internal Revenue Code for purposes of funding and pre-funding OPEBs provided under its retirement benefit plans with Public Agency Retirement Services (PARS); and

WHEREAS, as of June 2019, the City established an irrevocable RPOA OPEB trust with CalPERS pursuant to section 115 of the Internal Revenue Code for purposes of funding and pre-funding OPEBs provided under its retirement benefit plans due to a new Contract with RPOA effective January 17, 2017; and

WHEREAS, the City Manager is vested with the City and fiduciary responsibility for the administration, management and operation of the OPEB Trusts; and

WHEREAS, the City Manager has an obligation to provide reasonable as surance that the costs of benefits under the OPEB Trust s will be funded in an equitable and sustainable manner; and

24 Reso No.____

WHEREAS, a funding policy establishes guidelines for plan funding through actuarial valuations, regular contribution rates, contribution ti ming and actuarial assumptions; and

WHEREAS, the adoption of an OPEB Funding Policy is consistent with “best practices” and the Board’s fiduciary oversight of the OPEB Trust.

NOW, THEREFORE BE IT RESOLVED, that the City Council hereby adopts the OPEB Fun ding Policy for the City of Richmon d Other Post -Employment Benefits Plans that is attached hereto as Exhibit A.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 25 Reso No.____

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

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
State of California }
County of Contra Costa : ss.

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

26 1

THE CITY OF RICHMOND, CALIFORNIA

OTHER POST EMPLOYMENT BENEFITS
FUNDING POLICY FY 2022-2023 & FY 2023-2024
OPEB Funding Policy
A. Introduction
The purpose of this Statement of Benefits Plan Funding Policy (“Policy”) is to establish a methodology for funding benefit obligations accruing under the City of Richmond Other Post- Employment Benefit Plans (the “Plans”). It is anticipated that current assets plus future assets from employer contributions, employee contributions, and investment earnings should be sufficient to fund the Plans benefits. The Policy is intended to reflect a reasonable, conservative approach with each generation of ratepayers financing, to the greatest extent possible, the cost of retiree healthcare benefits being accrued. This Policy recognizes that there will be investment marketplace volatility and that actual economic and demographic experience will differ from assumed experience.

Accordingly, this Policy is intended to provide flexibility to smooth such volatility and experience in a reasonable, systematic, and financially sound manner. Further, it is the intent that this Policy comply with all applicable laws, rules and regulations (collectively “Laws”). In the event that this Policy conflicts with any such Law, the applicable Law shall prevail.

B. General Information

The City of Richmond (the “City”) currently manages two separate trust accounts in regards to Other Post Employment Benefits (“OPEB”). As of January 17, 2017, the Richmond Police Officers Association (“RPOA”) and the City implemented a new contract to create a separate OPEB trust for RPOA members and future retirees. The City OPEB plan is administered by Public A gency Retirement S ervices (PARS) and the RPOA OPEB plan is administered by California Public Employees Retirement System (“CalPERS”).

C. Policy Funding Objectives
The primary funding objectives of this Policy, in order of importance, are to:

1. Provide sufficient assets to permit the payment of all benefits under the Plans.

2. Maintain equity among generations of ratepayers by:
a. Establishing improvement, on a projected basis, in the Plan’s Funded Ratio, as defined in the Glossary, such that it approaches 100% over a given period of time;

27 2

b. Amortizing the Unfunded Actuarial Accrued Liability, as defined in the Glossary, over fixed periods, specified below.

3. Minimize the volatility of the employer ’s annual contributions by smoothing investment gains and losses over a period of years. Smoothing investment returns over a period of years recognizes that investm ent performance will fluctuate, and only by coincidence will it exactly equal the assumed rate of return for any given year. It is anticipated that this approach may reduce volatility within the calculation of the Unfun ded Actuarial Accrued Liability and the actuarially determined contribution rate.

D. Funding Guidelines
This Policy establishes guidelines for setting the employer contribution rate.

1. Actuarial Valuations

The Plan’s actuary shall conduct an actuarial valuation biennially, based on actual Plan s data, to determine funding progress as well as employer contributions for the following two fiscal years.

2. Actuarially Determined Contribution Rate

a. The actuarial valuation report shall include calculation of a recommended Actuarially Determined Contribut ion (ADC) rate. The ADC is intended to fund new OPEB liabilities as they are earned each year (the Normal Cost) plus an amortization of the existing Unfunded Actuarial Accrued Liability (UAAL).

b. The UAAL amortization component shall consist of:

i. The initial UAAL amortized as a level dollar amount over a fixed 20 -year period.

ii. Future unexpected changes in plan liabilities or assets at each valuation date shall each be amortized in “layers” as level dollar amounts over separate, fixed 20-year periods.

c. The ADC shall be reduced by the expected employee contributions to arrive at a net Actuarially Determined Employer Contribution (ADEC) rate. This target contribution rate may be expressed as a dollar amount or as a percent of payroll.

d. The ADEC shall be further reduced by the amount of annual retiree benefits payments (Implicit Subsidy and/or Explicit Subsidy payments) which are paid from the City’s general assets but not reimbursed by the OPEB trusts.

3. Funding Policy Contribution Rate
28 3

Coordination of the Plan’s Funding and Investment Policies will attempt to minimize the volatility of the employer’s contribution.

a. The City shall seek to contribute the Actuarially Determined Contribution rate annually, though it maintains the flexibility to reduce contributions when fiscally necessary.

b. The City shall place 10% of year -end operating surplus (Total Actual Revenues minus Total Actual Expenditures, including Transfers In and Transfers Out) in the General Fund in excess of the City’s Cash Reserve Policy into the Trusts.

c. For the purposes of the ADC calculation, investment return assumptions shall be evaluated by an independent investment advisor on a regular basis (at a minimum of every two years ) and should reflect the nature of the i nvestments held in the Plans, and the historical and projected return rates anticipated for the investments.

E. Assumption Guidelines

1. The actuarial assumptions are adopted by the City in an effort to align the funding of the Plans with actual demographic, healthcare and economic experience, thus providing stability to the contribution rate over time. It is expected that actual experience will deviate from the actuarial assumptions and Experience Gains and Losses will occur. These g ains (or losses) will reduce (or increase) future contributions.

2. Actuarial Assumptions are generally grouped into two major categories:
 Demographic assumptions -- which include withdrawal (termination), retirement, disability, and mortality rates, as well as assumptions regarding beneficiaries.  Economic assumptions -- which include inflation, healthcare inflation and investment return

3. As part of the annual OPEB valuation process, the actuary shall also provide advice to the City and recommend non-pension assumptions, such as increases in healthcare costs.

F. Transparency and Reporting
Funding of the City’s OPEB should be transparent to all parties including City employees, retirees, recognized employee organizations, the City Council and Richmond residents. In order to achieve this transparency, the following information shall be available:
a. Copies of the actuarial valuations for the City’s OPEB plans shall be made available to the City Council.

29 4

b. The City’s Annual Comprehensive Financial Report (ACFR) shall be published on its website. This report includes information on the City’s OPEB plans, contributions to the OPEB Trusts, and the funded status of the plans.

c. The City’s annual operating budget shall include appropriations for contributions to the OPEB Trusts and pay-go costs.

G. Review of Funding Policy
Funding OPEB requires a long-term plan. The City shall review this policy annually and make changes as necessary. Annually checking the actuarial valuations to determine if changes to this policy are necessary to ensure adequate resources are being accumulated to fund OPEB.

All aspects of this Policy and the individual factors in the calculation of the annual employer contribution rate which is the result of the above process are subject to the review and approval of the Board and are subject to change, in whole and in part, if deemed appropriate and in the best interests of the Plan sponsor and participants.

30 5

Glossary
Actuarial Cost Method: The technique used to allocate costs to various time periods.

Actuarial Accrued Liability (AAL): The portion of the Present Value of Projected Benefits that is attributed to past years of service by the Actuarial Funding Method. The AAL serves as a funding target at any given point in time.

Actuarial Value of Assets : The smoothed value of assets used by the actuary in the actuarial valuation, for the purpose of reducing the impact of market fluctuations on the employer’s contribution rate.

Entry Age Method: An Actuarial Cost (or Funding) Method that determines the plan's Normal Cost as a level percentage of pay over the working lifetimes of plan members.

Experience Gains and Losses: The difference between the experience anticipated by the actuarial assumptions and the plan's actual experience during the period between valuations. If actual experience is financially more favorable to the Plan, it is a Gain, (e.g., higher investment return than expected). If actual experience is financially less favorable to the Plan, it is a Loss, (e.g., lower investment return than expected).

Funded Ratio: A measure of the ratio of plan assets to the Actuarial Accrued Liability (funding target) of the Plan. Plan assets can be the Market Value of Assets or the Actuarial Value of Assets.

Market Value of Assets: The total fair value of fun d assets as reported in the Plan’s financial statements.

Normal Cost: The portion of the Present Value of Projected Benefits that is attributed to the current year by the Actuarial Funding Method. Also referred to as the Annual Benefit Cost.

Unfunded Actuarial Accrued Liability (UAAL): The portion of the Actuarial Accrued Liability not covered by plan assets. It is calculated by subtracting the Actuarial Value of Assets from the Actuarial Accrued Liability.
31 Reso No.____

RESOLUTION NO. ____

A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, ADOPTING THE PENSION FUNDING POLICY FOR THE CITY

OF RICHMOND PENSION TRUST

WHEREAS, the City of Richmond (the “City”) is a charter city that operates under the Council-Manager form of government for the purposes of providing a full range of municipal services including police and fire protection; construction and maintenance of highways, streets and infrastructure; library services; storm water and municipal sewer systems; wastewater treatment facility; and the administration of recreational activities and cultural events; and

WHEREAS, the City also operates the Richmond Memorial Convention Center and the Port of Richmond; and

WHEREAS, the City provides retirement -related costs also known as Pension Benefits administered by CalPERS; and

WHEREAS, the Pension Benefits are comprised of t wo major components the normal cost, and unfunded accrued liability (“UAL”); and

WHEREAS, The City, like most cities in California, has a UAL associated with its CalPERS pension plans for Safety and Non-Safety employees; and

WHEREAS, A UAL occurs when current pension plan assets are not projected to be sufficient to pay projected pension costs in future years; and

WHEREAS, as of July 2022, the City established an irrevocable Section 115 trust pursuant to the Internal Revenue Code for purposes of prefunding Pension, administered by Public Agency Retirement Services (PARS); and

WHEREAS, prefunding a Section 115 trust will address the rising UAL due to variances in actual experience versus CalPERS actuarial assumptions; and

WHEREAS, the City Manager is vested with the City and fiduciary responsibility for the administration, management and operation of the Pension Trust; and

WHEREAS, the City Manager has an obligation to provide reasonable assurance that the costs of benefits under the Pension Trust will be funded in an equitable and sustainable manner; and

WHEREAS, a funding policy establishes guidelines for plan funding through actuarial valuations, regular contribution rates, contribution timing and actuarial assumptions; and

32 Reso No.____

WHEREAS, the adoption of a Pension Funding Policy is consistent with “best practices” and the Board’s fiduciary oversight of the Pension Trust.

NOW, THEREFORE BE IT RESOLVED, that the City Council hereby adopts the Pension Funding Policy for the City of Richmon d Safety and Non-Safety Plans that is attached hereto as Exhibit A.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 33 Reso No.____

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

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
State of California }
County of Contra Costa : ss.

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

34 1

THE CITY OF RICHMOND, CALIFORNIA

PENSION FUNDING POLICY
FY 2022-2023 & FY 2023-2024
Pension Funding Policy
A. Introduction
The following policy has been developed in response to significant annual pension cost increases as a result of current and retired employees living longer, lower than anticipated investment returns by CalPERS over the last several years, reduction in Discount Rate and CalPERS adopted policies that require all cities to payback all Unfunded Actuarial Liability (“UAL”) over thirty years for unfunded liability prior to June 30,2019 valuations and over twenty years for any new unfunded liability. This policy will formalize a funding mechanism to be used at the City’s discretion to help offset future pension cost increases.

B. General Information
The City of Richmond (the “City”) approved a new contract to create a combo Section 115 Trust account on July 19, 2022 , for pension prefunding . The combo Section 115 Trust account is administered by Public A gency Retirement S ervices ( “PARS”) and allows the City to prefund Pension and Other Post-Employment Benefits (“OPEB”). The funds that are contributed to the Trust account can only be used to pay Pension and O PEB; the City can utilize these funds to pay for such costs during fiscal emergencies.

C. Policy Funding Objectives
The primary funding objectives of this Policy are to:

1. Address the increasing annual employer required UAL contributions due to variance in actual experience versus CalPERS actuarial assumptions including investment returns.

2. Prefunding the Trust Fund account can help the City improve its UAL funding ratio faster.

3. Provide budgetary flexibility during challenging budget years or to “smooth” Payment spikes that could cause financial stress on the City.

D. Funding Guidelines
This Policy establishes guidelines for setting the employer contribution to pre-fund rising pension costs.
35 2

1. The City shall continue to make annual UAL prepayment to CalPERS in the beginning of each Fiscal Year, resulting in ≈3.0 percent discount compared to paying UAL monthly.

The City shall place the prepayment savings into the Trust account.

2. The City shall place 10 percent of each year-end operating surplus (Total Actual Revenues minus Total Actual Expenditures, including Transfers In and Transfers Out) in the General Fund in excess of the City’s Cash Reserve Policy into the Trust.

E. Review of Funding Policy
Funding Pension requires a long-term plan. The City will review this policy annually and make changes as necessary. Annually checking the CalPERS actuarial valuations to determine if changes to this policy are necessary to ensure adequate resources are being accumulated to fund Pension.
36 1
OAK #4872-1957-8170 v2

ADMINISTRATIVE SERVICES AGREEMENT
THIS ADMINISTRATIVE SERVICES AGREEMENT (the “Agreement”) is dated for reference purposes as of _____________, 2023, and is executed by and between the City of Richmond, a municipal corporation and charter city (the “City”) and the Housing Authority of the City of Richmond, a public body, corporate and politic (the “Authority”). The City and the Authority are referred to herein individually as a “Party” and collectively as the “Parties”.

WHEREAS, the City provides certain administrative, finance, and other services to and for the benefit of the Authority; and
WHEREAS, the Parties desire to formally set forth their agreement regarding the City’s provision of services to the Authority, and the Authority’s obligation to compensate and reimburse the City for such services.

NOW, THEREFORE for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows.

1. Purpose of Agreement; Term; Termination. This Agreement is intended to memorialize the arrangement pursuant to which the City provides certain staff and administrative services to, and for the benefit of, the Authority. This Agreement sets forth the services that the City will provide and make available to the Authority, and the compensation and reimbursements payable by the Authority to the City for such services. The term of this Agreement shall commence on _____________, 2022, and unless a Party delivers written notice of termination to the other Party, the Agreement shall continue in effect for renewable terms of 12 months each. Any such notice of termination shall be delivered not later than 60 days prior to the expiration of the then- current term. The Authority may terminate this Agreement on delivery of 60 days written notice to the City. Either Party may terminate this Agreement if the other Party defaults in its obligations hereunder and fails to cure such default within 30 days following written notice.

2. Scope of Services. The City agrees to provide to the Authority the staff assistance, technical services and other services as the Authority may require in carrying out its finance functions, as more specifically set forth in Exhibit A. Exhibit A sets forth the type of service to be provided, the title(s) of the City personnel that will provide the financial services. The City acknowledges that the Authority is obligated to provide certain reports to the U.S. Department of Housing and Urban Development (“HUD”) and is required to obtain advance approval from HUD for certain actions. The City agrees to cooperate with the Authority in carrying out such obligations and complying with such requirements.

3. Record Keeping and Reports. The City will keep records of the nature and extent of the services provided to the Authority pursuant to this Agreement, the personnel providing such services, the time expended, and the costs incurred in providing such services, so that an accurate determination of the Authority's financial obligation to the City can be made. The City shall submit to the Authority a statement detailing the services provided, the personnel providing such services, and time expended in providing services to the Authority pursuant to this Agreement.

Such statements shall include a summary of services provided during the calendar quarter, categorized in accordance with Exhibit A, the name and title of the City personnel that provided 37 2
OAK #4872-1957-8170 v2
services, the total number of hours for each service, the total compensation payable for each category of service, and a description and cost for all other reimbursable expenses.

4. Compensation and Expense Reimbursement. The Authority agrees to reimburse the City for costs incurred for services provided by the City to the Authority pursuant to the Cost Allocation plan following U.S. Department of Housing and Urban Development (HUD) regulations 2 CFR and approved by RHA Board.

5. Personnel Management; Employee Compensation. The management, direction, supervision and control of City personnel providing services to the Authority pursuant to this Agreement shall remain the exclusive function of the City, including but not limited to matters of discipline, assignment and removal. The Authority understands and agrees that it shall not direct, control or supervise the details or means by which the services provided pursuant to this Agreement are provided. The Parties each acknowledge and agree that the employees of each Party shall not be considered the employees of the other Party for any reason, notwithstanding the provision of services to the other Party pursuant to this Agreement. Each Party shall be solely responsible for payment of all compensation, salary, and benefits, including without limitation, health and retirement benefits, payable to its own employees. Each Party shall be solely responsible for payment of all employee benefits and insurance payable to or on behalf of its own employees, including without limitation, health insurance, workers’ compensation insurance, and unemployment insurance.

6. General Provisions.

6.1 Actions by the Parties. Whenever this Agreement calls for or permits the approval, consent, authorization or waiver of the Authority, the approval, consent, authorization, or waiver of the Authority’s Executive Director shall constitute the approval, consent, authorization or waiver of the Authority without further action of the Authority’s Board of Commissioners. Whenever this Agreement calls for or permits the approval, consent, authorization or waiver of City, the approval, consent, authorization, or waiver of the City’s City Manager or designee shall constitute the approval, consent, authorization or waiver of the City without further action of the City Council.

6.2 Relationship of the Parties. The Parties are separate and independent entities, and their relationship is purely contractual in nature. The Parties to this Agreement do not have the power to confer any other relationship, rights or remedies onto the other Party, except as expressly stated herein. All subcontracts and other agreements entered into by the City in connection with the provision of services to the City pursuant to this Agreement, must be consistent with this Agreement and applicable laws and regulations.

6.3 Governing Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State of California, excluding principles of conflicts of law. Any litigation arising under this Agreement shall be prosecuted in the Superior Court of California, County of Contra Costa, and all parties waive their respective rights to change venue pursuant to Section 394 of the Code of Civil Procedure.

38 3
OAK #4872-1957-8170 v2

6.4 Entire Agreement. This Agreement, together with Exhibit A attached hereto and incorporated herein by reference, constitutes the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements pertaining thereto.

6.5 Amendments; Waivers. This Agreement may not be amended or modified except by a written instrument signed by both Parties. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the waiving party.

6.6 Headings; Interpretation. The section headings and captions used herein are solely for convenience and shall not be used to interpret this Agreement. Any reference to a particular section of this Agreement shall mean a reference to all subsections thereof. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since both Parties have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it.

6.7 Severability. Each provision of this Agreement shall be considered severable, and if any provision of this Agreement is determined to be invalid or contrary to any existing or future law, such invalidity shall not impair the remainder of this Agreement provided that the remainder of the Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the Parties.

6.8 No Third Party Beneficiaries. Nothing in this Agreement is intended to or shall be deemed to confer upon any person other than the Parties any legal or equitable right, remedy or claim under or by reason of this Agreement.

6.9 Authority. Each person executing this Agreement on behalf of a Party represents that they are duly authorized to sign and deliver this Agreement on behalf of such Party, and that this Agreement is binding on such Party in accordance with its terms.

6.10 Counterparts; PDF and Facsimile Transmissions. This Agreement may be executed and delivered in any number of counterparts, each of which when so executed and delivered will be deemed an original, and all of which together shall constitute one and the same agreement. Signatures transmitted by telecopy or as emailed PDF copies shall be binding as originals, and each Party hereby waive any defenses to the enforcement of the terms of this Agreement or any document sent by emailed PDF, based upon the manner of transmission or form of signature (electronic, facsimile or "ink original").

IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date first written above.

39 4
OAK #4872-1957-8170 v2
AUTHORITY:

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

By:__________________________
Gabino Arredondo, Interim Executive
Director

Attest:

By:______________________________
Approved as to form:

By:______________________________

CITY:

CITY OF RICHMOND, a California
municipal corporation and charter city

By:____________________________
Shasa Curl, City Manager

Attest:

By:______________________________
Approved as to form:

By:______________________________

40 5
OAK #4872-1957-8170 v2
Exhibit A

SCOPE OF SERVICES
The City will provide the following services to the Authority:

Type of Service Description Title of Personnel
Providing Service
Accounting and Treasury

Bookkeeping, management of bank
accounts, maintain accounting
records, prepare financial statements
and reports, audit management, upon
RHA ED approval perform bank
activity from bank accounts and HUD
subsidy programs

Senior Accountant
Accountant I
Accounting Assistant II

Purchasing, Accounts
Payable, and Payroll
Issuance of checks, maintain vendor
payments and records, issue and file
1099s, maintain payroll records, issue
and file payroll taxes, contract
management, provide procurement
support
Accounting Assistant II
Senior Buyer
Buyer II
Payroll Coordinator
Management Assistance Staff reports, resolutions, liaison to City Manager’s office and Finance
Department
Economic Development
Director

Other Indirect Charges Services performed by City
Attorney’s Office, City Manager’s
Office, Human Resources,
Information Technology, Finance
Charges pursuant to the
Cost Allocation plan
following U.S.

Department of Housing
and Urban Development
(HUD) regulations Title 2
Code of Federal
Regulations (CFR) 200
Compliant Version and
approved by RHA Board

41

June 27, 2023

Mayor's Office

DATE: June 27, 2023
TO: Members of the City Council
FROM:

Mayor Martinez and Councilmember Zepeda

Subject:

Recognize the Organizers of the Cinco de Mayo Parade
and Festival
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

The City of Richmond has participated and recognized
organizations and staff that have planned and facilitated the Cinco de Mayo Parade and Festival

STATEMENT OF THE
ISSUE:

Recognition of the 23rd Street Merchants Association and Peace and Unity who worked diligently to organize the
Cinco de Mayo Peace and Unity parade and festival.

Thank you to all individuals and organizations who
planned and facilitated the return of one of the largest Cinco de Mayo celebrations in the East Bay.

RECOMMENDED ACTION:

PROCLAMATION recognizing the 23rd Street Merchants
Association and Peace & Unity for their commitment to
organizing the Cinco de Mayo Festival and Parade.

Mayor Martinez (510-620-6503) and Councilmember
Zepeda (510-620-6593). This item was continued from
the June 20, 2023, meeting.

DISCUSSION:

After three long years without our City’s biggest and happiest parade, City of Richmond’s Cinco de Mayo Peace and Unity parade returns! AGENDA
REPORT
42

June 27, 2023
The Annual Cinco de Mayo Peace and Unity Parade event originated in 2006, with the theme “Peace and Unity, Paz Y Unidad”, and it was organized after the cities of Richmond and San Pablo experienced informal and unsupervised Cinco de Mayo celebrations along 23rd Street.

Community members organized in collaboration with the City of Richmond, City of San Pablo, generous sponsors, and volunteers, for a safer and family friendly event and, thus, founded the Annual Cinco de Mayo Peace and Unity Parade. In celebration of the 15-year anniversary of this event, this year’s Cinco de Mayo Parade themed “Quince” and the City of Richmond’s Cinco de Mayo Festival on May 7th, attracted thousands of, participants, dignitaries and spectators from all over the Bay Area in celebration of Cinco de Mayo, a holiday that celebrates the date of the Mexican Army's May 5, 1862, victory over French forces at the Battle of Puebla.

Mayor Eduardo Martinez, Councilmember Cesar Zepeda and the Richmond City Council commend the volunteers who have worked tirelessly since 2006 to provide a safe and family friendly event that has become one of the largest Cinco de Mayo celebrations in the East Bay.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation
43 Whereas the Annual Cinco de Mayo Peace and Unity Parade event originated in 2006, with the theme “Peace and Unity, Paz Y Unidad”, and

Whereas it was organized after the cities of Richmond and San Pablo experienced informal and unsupervised Cinco de Mayo celebrations along 23rd Street, and

Whereas community members organized in collaboration with the City of Richmond, City of San Pablo, generous sponsors, and volunteers, for a safer and family friendly event and, thus, founded the Annual Cinco de Mayo Peace and Unity Parade; and

Whereas in celebration of the 15-year anniversary of this event, this year’s Cinco de Mayo Parade themed “Quince” and the City of Richmond’s Cinco de Mayo Festival on May 7th, attracted thousands of, participants, dignitaries and spectators from all over the Bay Area in celebration of Cinco de Mayo, a holiday that celebrates the date of the Mexican Army's May 5, 1862, victory over French forces at the Battle of Puebla;

Now, be it resolved, that I, Mayor Eduardo Martinez, on behalf of the Richmond city council commend the volunteers who have worked tirelessly since 2006 to provide a safe and family friendly event that has become one of the largest Cinco de Mayo celebrations in the East Bay.

Honoring the 15th “Quince” Annual Cinco de Mayo Peace and Unity Parade Mayor Eduardo Martinez
City of Richmond
June 20th, 2023
Therefore,
Councilmember Cesar Zepeda
District 2
City of Richmond
June 20th, 2023
44

June 27, 2023

City Council

DATE: June 27, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Vice Mayor McLaughlin
Subject: Recognition of Dr. Carol Weyland Conner’s legacy and service to the City of Richmond
FINANCIAL IMPACT: There is no financial impact related to this item.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Dr. Carol Weyland Conner is being honored by the City
of Richmond for her contributions and humanitarian
efforts to serve the underserved community in not only
Contra Costa County, but also in Richmond through the
creation and service of the White Pony Express.

RECOMMENDED ACTION: PROCLAMATION recognizing Dr. Carol Weyland Conner’s legacy of giving to people in need and the
resources she provided to benefit many residents of
Richmond and the greater Contra Costa County - Vice
Mayor Gayle McLaughlin (510-620-6636).

DISCUSSION:

In 2013, Dr. Carol Weyland Conner founded White Pony Express, the volunteer- powered nonprofit which delivers fresh, surplus food gathered from supermarkets and restaurants to the hungry throughout the county.

AGENDA
REPORT
45

June 27, 2023

Dr. Conner believed, “There is a simple solution that can end the problems of hunger and marginalization for good—a new paradigm: voluntary shared abundance. In this model of life, responsibility for helping the family of man is assumed by everyone, or in the phrase White Pony Express uses, ‘all of us taking care of all of us!”

Over the last 10 years, White Pony Express has delivered thousands of clothing items to Richmond service organizations who have distributed these items to Richmond residents. White Pony Express provides fresh groceries and nutritional meals to Richmond students at Coronado Elementary, Ford Elementary, Golden Gate Community School, and Verde Elementary.

Dr. Conner also founded the nonprofit Following Francis, inspired by the values of Francis of Assisi, which has staged colorful outdoor “fairies”, musical plays, and other activities for nearly 15,000 children throughout the nation, including the children of Richmond, with the aim of nurturing feelings of kindness, courage, and self-worth in children. Following Francis has also distributed groceries, holiday gift baskets, clothing, and envelopes of cash to the families of Richmond school children.

During the pandemic, volunteers of White Pony Express and Following Francis volunteers participated in one of Dr. Conner’s projects that involved distributing cash in many cities equal to the amount of the stimulus checks ($1200) that the U.S.

Government gave to those severely impacted by COVID. Overall, the amount distributed under this project, which spanned the nation, was about $1 million. Those in Richmond who received these stimulus distributions, which amounted to thousands of dollars, included the families of children who attended several Richmond elementary schools.

Dr. Conner was the spiritual director of Sufism Reoriented, an American spiritual school founded by Meher Baba that honors all spiritual traditions and the essential unity of all life.

The City of Richmond on June 27, 2023, hereby recognizes the impact of Dr. Conner’s contributions and humanitarian efforts to serve the underserved community in not only Contra Costa County, but specifically in Richmond. Moreover, we are deeply grateful for her compassionate heart, dedicated work, diligent hands, and exceptional leadership. Her legacy will continue to live on through her nonprofits which serve food, clothing, and beautify our neighborhoods throughout the country.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation Recognizing Dr. Carol Weyland Conner 46 Proclamation Recognizing Dr. Carol Weyland Conner’s humanitarian contributions to the City of Richmond and the County of Contra Costa

WHEREAS, in 2013, Dr. Carol Weyland Conner founded White Pony Express, the volunteer-powered nonprofit which delivers fresh, surplus food gathered from supermarkets and restaurants to the hungry throughout the county; and

WHEREAS, Dr. Conner believed, “There is a simple solution that can end the problems of hunger and marginalization for good—a new paradigm: voluntary shared abundance. In this model of life, responsibility for helping the family of man is assumed by everyone, or in the phrase White Pony Express uses, ‘all of us taking care of all of us!’”; and

WHEREAS, Over the last 10 years, White Pony Express has delivered millions of fresh, healthy meals and tens of thousands of clothing items to Richmond service organizations who have distributed these items to Richmond residents; and

WHEREAS, White Pony Express provides fresh groceries and nutritious meals to Richmond students at Coronado Elementary, Ford Elementary, Golden Gate Community School, and Verde Elementary; and

WHEREAS, Dr. Conner founded the nonprofit Following Francis, which has staged festive outdoor “fairies”, musical plays, and other activities for nearly 15,000 children throughout the nation, including the children of Richmond, California. Following Francis nurtures kindness, courage, and self-worth in children.

Following Francis has distributed new clothing, groceries, holiday gift baskets, and envelopes of cash to families in Richmond; and

WHEREAS, Dr. Conner was the spiritual director of Sufism Reoriented, an American spiritual school founded by Meher Baba that honors all spiritual traditions and the essential unity of all life; and

WHEREAS, During the pandemic, volunteers of White Pony Express and Following Francis participated in a project initiated by Dr. Conner which involved distributing cash gifts of $1,200 to Richmond residents, identified by Richmond community organizations as being in dire need. All told, approximately $1 million was allotted to individuals across the nation who were severely impacted by COVID.

NOW, THEREFORE, BE IT RESOLVED, that the City of Richmond on June 27, 2023, hereby recognizes the impact of Dr. Conner’s contributions and humanitarian efforts to serve under-resourced communities in Contra Costa County, specifically in Richmond.

BE IT FURTHER RESOLVED, that we are deeply grateful for her compassionate heart, dedicated work, diligent hands, and exceptional leadership. Her legacy will live on through her nonprofits which serve food, clothing, and beautify our neighborhoods throughout the country.

_________________________________ ____________________________________ Eduardo Martinez, Mayor Gayle McLaughlin, Vice Mayor

47

June 27, 2023

City Attorney's Office

DATE: June 27, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney

Subject:

Fifth Amendment of the Downey Brand Legal Services
Agreement
FINANCIAL IMPACT: This amendment will add $75,000 for a total amount not to exceed $1,125,000. This agreement is charged to the
Risk Management General Liability Fund (50182316-
400554).

PREVIOUS COUNCIL
ACTION:

The City Council approved the original Legal Services
Agreement (LSA) on October 6, 2020. Subsequently, the
City Council approved the LSA’s first ($500,000), second ($200,000), and third ($60,000) amendment(s), dated
April 1 and November 2, 2021; and May 3, 2022,
respectively, on May 5, 2022. City Council approved the fourth amendment ($40,000) on September 13, 2022.

STATEMENT OF THE
ISSUE:

To ensure the City has appropriate legal representation relating to the Point Molate litigation and claims, additional funds are needed.

RECOMMENDED ACTION:

APPROVE a fifth amendment to the legal services
agreement with Downey Brand, in the amount of $75,000,
to represent the City in pending appeals and any further litigation involving the Point Molate property and the
City’s prior CEQA and land use entitlement process(es), for a total contract amount of $1,125,000 – City
Attorney’s Office (Dave Aleshire 510-620-6509).

AGENDA
REPORT
48

June 27, 2023
DISCUSSION:

Downey Brand, a public sector law firm, represents the City in pending appeals involving Point Molate. To continue its representation of the City, the City Attorney’s Office requests a $75,000 amendment to the existing legal services agreement (LSA) for a total contract amount not to exceed $1,125,000.

The City Council of the City of Richmond on September 8, 2020, certified a Subsequent Environmental Impact Report (SEIR) and adopted a resolution approving land use entitlements for the Point Molate Mixed-Use Development Project. Those approvals were the subject of two lawsuits in the form of peremptory writs of mandate filed in the Contra Costa County Superior Court on or about October 9, 2020, including Point Molate Alliance, et al., v. City of Richmond and North Coast Rivers Alliance, et al. v. City of Richmond. The lawsuits named the City as respondent and Winehaven Legacy, LLC as real party in interest, and asserted causes of action under the California Environmental Quality Act (CEQA), California Planning and Zoning Law, California Constitution, and the common law public trust doctrine, as well as other grounds. The trial court entered judgment in the City’s favor on March 15, 2022, and Petitioners Point Molate Alliance and North Coast Rivers Alliance filed separate appeals in the First District Court of Appeal. The appeals were subsequently consolidated for purposes of briefing, oral argument, and decision, and are now proceeding as Point Molate Alliance, et al. v. City of Richmond, First App. Dist. Case Nos. A164906 and A165758. Briefing commenced in the consolidated appeals on January 2, 2023, with petitioners/appellants narrowing their appeal to certain claims under CEQA, California Planning and Zoning Law, and the California Constitution. The City filed answering briefs on April 4, 2023. Appellants’ reply briefs are due on June 14, 2023. We are expecting the Court of Appeal to schedule oral argument in late 2023 or early 2024.

Downey Brand will continue to serve as lead trial and appellate counsel for the City in its defense of these actions, and will have responsibility for case management and coordination among defense counsel, assisting with settlement negotiations, and for providing advice to and representation of the Richmond City Attorney’s Office in the proceedings. Downey Brand’s litigation fees and expenses remain subject to reimbursement by real party in interest Winehaven Legacy, LLC based on the indemnity provisions and conditions imposed under the entitlements and both the Disposition and Development Agreement (“DDA”) and Development Agreement (“DA”). However, because Winehaven failed to close escrow under the DDA and is currently in litigation against the City, the fees and expenses authorized herein may not be recoverable by the City.

As part of its services, Downey Brand will provide concise written reports to the City Attorney on a monthly basis, which will address important milestones and efforts in the case. The City Attorney will share the reports with the City Council and will return to the City Council for more substantive reports and to further augment the contract amount as may be necessary for future phases of the litigation, including further appeals or after remand to the trial court.
49

June 27, 2023
DOCUMENTS ATTACHED:

Attachment 1 – Downey Brand Legal Services Agreement (“DB LSA”) Attachment 2 – DB LSA, First Amendment
Attachment 3 – DB LSA, Second Amendment
Attachment 4 – DB LSA, Third Amendment
Attachment 5 – DB LSA, Fourth Amendment
Attachment 6 – DB LSA, Fifth Amendment (proposed)

50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 DocuSign Envelope ID: E64B1D4F-FCCC-4803-8DCC-E2DC4F6E6B61 77 DocuSign Envelope ID: E64B1D4F-FCCC-4803-8DCC-E2DC4F6E6B61 78 DocuSign Envelope ID: E64B1D4F-FCCC-4803-8DCC-E2DC4F6E6B61 79 DocuSign Envelope ID: E64B1D4F-FCCC-4803-8DCC-E2DC4F6E6B61 80 81
82 83
84 DocuSign Envelope ID: 4EDAD33D-3EA1-455D-8070-70768E40BB9F 85 DocuSign Envelope ID: 4EDAD33D-3EA1-455D-8070-70768E40BB9F 86 DocuSign Envelope ID: 4EDAD33D-3EA1-455D-8070-70768E40BB9F 87 DocuSign Envelope ID: 4EDAD33D-3EA1-455D-8070-70768E40BB9F 88 1798408v3 Fifth Amendment to Agreement for Legal Services A-1

FIFTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

DOWNEY BRAND LLP

This Fifth Amendment to the Agreement for Legal Services between the CITY OF RICHMOND (“City”) and DOWNEY BRAND LLP (“Special Counsel ”) (the “Fifth Amendment”) is entered into as of June 27, 2023, by and between the City and Special Counsel with reference to the following facts:

RECITALS

WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for $250,000 representation of the City and City- related entities; and

WHEREAS, the Original Agreement was amended on April 1, 2021, for $500,000 on November 2, 2021, for $200,000, May 3, 2022, for $60,000 and September 13, 2022 for $40,000; and

WHEREAS, the City now desires for Special Counsel t o continue its representation of the City , to amend the scope of representation, and to inc rease the compensation limit by Seventy-Five Thousand Dollars ($75,000); and

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

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

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

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

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

[Signatures on following page]

89 1798408v3 Fifth Amendment to Agreement for Legal Services A-2 IN WITNESS WHEREOF, the City and Special Counsel have caused this Fifth Amendment to be effective as of the last date written below.

CITY OF RICHMOND DOWNEY BRAND LLP

By ________________________ By __________________________ Mayor Christian Marsh, Partner
Date: ____________________ Date: _________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney
90 1798408v3 Fifth Amendment to Agreement for Legal Services A-3 Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

The City Council of the City of Richmond on September 8, 2020, certified a Subsequent Environmental Impact Report (SEIR) and adopted a resolution approving land use entitlements for the Point Molate Mixed-Use Development Project. Those approvals were the subject of two lawsuits in the form of peremptory writs of mandate filed in the Contra Costa County Superior Court on or about October 9, 2020, including Point Molate Alliance, et al., v. City of Richmond and North Coast Rivers Alliance, et al. v. City of Richmond. The lawsuits named the City as respondent and Winehaven Legacy, LLC as real party in interest, and asserted causes of action under the California Environmental Quality Act (CEQA), California Planning and Zoning Law, California Constitution, and the common law public trust doctrine, as well as other grounds.

The trial court entered judgment in the City’s favor on March 15, 2022, and Petitioners Point Molate Alliance and North Coast Rivers Alliance filed separate appeals in the First District Court of Appeal. The appeals were subsequently consolidated for purposes of briefing, oral argument, and decision, and are now proceeding as Point Molate Alliance, et al. v. City of Richmond, First App. Dist.

Case Nos. A164906 and A165758. Briefing commenced in the consolidated appeals on January 2, 2023, with petitioners/appellants narrowing their appeal to certain claims under CEQA, California Planning and Zoning Law, and the California Constitution. The City filed answering briefs on April 4, 2023.

Appellants’ reply briefs are due on June 14, 2023. We are expecting the Court of Appeal to schedule oral argument in late 2023 or early 2024.

Downey Brand will continue to serve as lead trial and appellate counsel for the City in its defense of these actions, and will have responsibility for case management and coordination among defense counsel, assisting with settlement negotiations, and for providing advice to and representation of the Richmond City Attorney’s Office in the proceedings. Downey Brand’s litigation fees and expenses remain subject to reimbursement by real party in interest Winehaven Legacy, LLC based on the indemnity provisions and conditions imposed under the entitlements and both the Disposition and Development Agreement (“DDA”) and Development Agreement (“DA”). However, because Winehaven failed to close escrow under the DDA and is currently in litigation against the City, the fees and expenses authorized herein may not be recoverable by the City.

As part of its services above, Downey Brand shall provide concise written reports to the City Attorney on a monthly basis, which will address important milestones and efforts in the case. The City Attorney will share the reports with the City Council, and will return to the Council for more substantive reports and to further 91 1798408v3 Fifth Amendment to Agreement for Legal Services A-4 augment the contract amount as may be necessary for future phases of the litigation, including further appeals or after remand to the trial court.

City’s Contact Attorney: Dave Aleshire, Interim City Attorney Shannon Moore, Chief Assistant City Attorney

Schedule of Fees & Charges:

ATTORNEY HOURLY RATES

Christian Marsh $410/hour
Kathryn Oehlschlager $410/hour
Hina Gupta $365/hour
Natalie Kirkish $365/hour
Megan Unger $335/hour

PARALEGAL HOURLY RATES

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

Compensation:

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

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of One Million, One Hundred Twenty Five Thousand Dollars ($1,125,000) for attorneys’ fees.

92

June 27, 2023

City Attorney's Office

DATE: June 27, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Dave Aleshire, City Attorney

Subject:

First Amendment to the Legal Services Agreement with
Goldfarb & Lipman
FINANCIAL IMPACT: This first amendment to the agreement with Goldfarb & Lipman will increase the compensation in an amount not
to exceed $75,000. The disbursements will be
appropriated from the Risk Management Liability fund
50182316-400554.

PREVIOUS COUNCIL
ACTION:

June 21, 2021

STATEMENT OF THE
ISSUE:

The City Attorney requires approval of a first amendment to the agreement with Goldfarb & Lipman to ensure
appropriate legal representation and advice on land use matters, including litigation, as wells as CEQA and SB
330 claims as directed by the City Attorney.

RECOMMENDED ACTION:

APPROVE a First Amendment to the Legal Services
Agreement with Goldfarb & Lipman to continue to advise
and represent the City of Richmond, and its officers,
agents, and employees on matters pertaining to land use litigation, CEQA, and SB 330 claims as directed by the
City Attorney, in an amount not to exceed $75,000, for a total contract amount of $375,000, and extending the
term to June 30, 2025 – City Attorney’s Office (Dave
Aleshire 510-620-6509).

AGENDA
REPORT
93

June 27, 2023
DISCUSSION:

To ensure the City continues to receive specialized advice and appropriate legal representation in land use litigation as well as CEQA and SB 330 claims, the City Attorney is requesting an amendment to the legal services agreement with Goldfarb & Lipman. The firm is on the City Attorney’s current approved Request for Qualifications (RFQ) list.

Goldfarb and Lipman has been providing advice and representing the City in land use litigation since June of 2021. The law firm has the experience and expertise necessary to continue to advise and represent the City of Richmond in pending and future land use litigation.

The City Attorney’s Office requests approval of this first amendment to the legal services agreement with Goldfarb &Lipman which will increase the compensation in an amount not to exceed $75,000 and extend the term to June 30, 2025. Rates for Goldfarb & Lipman are as follows: Partner, $390 per hour and Associate, $345 per hour.

DOCUMENTS ATTACHED:

Attachment 1 – Original Legal Services Agreement
Attachment 2 – First Amendment (Proposed)
94 95
96 97
98 99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116

First Amendment to Agreement for Legal Services A-1

FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

GOLDFARB & LIPMAN, LLP

This First Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and GOLDFARB & LIPMAN, LLP (“Special Counsel”) (the "First Amendment") is entered into as of JULY 1, 2023, by and between the City and Special Counsel with reference to the following facts:

RECITALS

WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and City-related entities; and

WHEREAS, the City now desires for Special Counsel to continue its representation of the City and increase the compensation; and

WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation limit by seventy-five thousand dollars ($75,000); and

WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to extend the term of the agreement to June 30, 2025; and

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

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

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

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

3. Counterparts. This First Amendment may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. 117

First Amendment to Agreement for Legal Services A-2

IN WITNESS WHEREOF , the City and Special Counsel have caused this First Amendment to be effective as of the last date written above.

CITY OF RICHMOND GOLDFARB & LIPMAN, LLP

________________________ By __________________________ Mayor
Title _________________________

Date____________________ Date_________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney
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First Amendment to Agreement for Legal Services A-3
Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

Special Counsel shall advise and represent the City of Richmond, and its officers, agents, and employees on matters pertaining to land use litigation and CEQA and SB 330 claims as directed by the City Attorney

City of Richmond Contact Attorney: James Atencio, Sr. Assistant City Attorney

Schedule of Fees & Charges:

Hourly Rates.

BARBARA KAUTZ $390/hour
CELIA W. LEE $390/hour
DOLORES B. DALTON $390/hour
RYE P. MURPHY $345/hour

COMPENSATION

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

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of three hundred seventy-five thousand dollars ($375,000) for attorneys’ fees and reimbursements.

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1 RICHMOND, CALIFORNIA,

SPECIAL CITY COUNCIL MINUTES

June 15, 2023, 4:00 p.m.

Richmond Civic Center Auditorium, Bermuda Room
403 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. SPECIAL MEETING OF THE RICHMOND CITY COUNCIL
The Special Meeting of the Richmond City Council was called to order at 4:04 p.m. by Facilitator Henry Gardner.

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 was absent the entire meeting.

Mayor Martinez announced that he would need to leave by 7:00 p.m. for another meeting.

C. AGENDA REVIEW
Facilitator Henry Gardner reviewed the proposed agenda as follows:
4:00 p.m. - Roll call
4:05 p.m. - Review and modification of the proposed agenda 4:30 p.m. - Confirm consolidated list of objectives under goals 3, 4, 5, and 6 5:45 p.m. - Establish timeframes for each objective
6:30 p.m. - Identify appropriate lead roles for each objective (council lead or staff lead) 6:45 p.m. - Public comments
6:50 p.m. - Next steps and final comments
7:00 p.m. - Adjournment
D. CITY COUNCIL GOALS
D.1 City Council Goal Setting Session
REVIEW the consolidated list of objectives under each of the proposed City Council goal areas, PRIORITIZE objectives and additional details necessary, and PROVIDE direction to staff – City Manager’s Office (510-620-6512).

Facilitator Henry Gardner led the Council through a process to vote to finalize a list of its top goals. The Council agreed to focus on the goals of each Overarching City Council Goals, and if there were fewer than ten goals identified, then each Councilmember would be able to vote for up to three goals; if there were more than 10 goals identified, then each Councilmember would be able to vote for up to six goals. The number of votes were tallied to finalize the top City Council Goals and Objectives.

Results of the vote, click here.
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2 On motion of Councilmember Robinson, seconded by Councilmember Jimenez, directed staff to complete a timeline for priority goals, the progress, and the expected completion date, and return to Council with an update by the following vote: Ayes: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez.

Absent: Councilmember Melvin Willis.

Following the process to identify the top goals, the Council received public comment from the following: Wesley Alexander, Amanda Eicher, Tarnell Abbott, Aiden Hogan, Donnell Jones, and David Chavaria.

Mayor Eduardo Martinez left the meeting prior to the discussion on Next Steps and Final Comments.

Next Steps and Final Comments:

The Council agreed to take a break from goal setting meetings to allow staff to begin work as directed by the Council. The Council also discussed the desire to hold a session on rules and procedures.

The Council also requested that a section be added to staff reports that showed how the project being presented correlated with identified City Council Goals and Objectives.

E. ADJOURNMENT
There being no further business, the meeting adjourned at 7:15 p.m., to meet again at a regular meeting on Tuesday, June 20, 2023, at 6:30 p.m.

Clerk of the City of Richmond Mayor

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June 27, 2023

City Council

DATE: June 27, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Vice Mayor McLaughlin

Subject:

Joint meeting of Richmond City Council and WCCUSD
Board
FINANCIAL IMPACT: There is no financial impact related to this item other than staff time for preparation and facilitation.

PREVIOUS COUNCIL
ACTION:

Joint meetings have been held in previous years.

STATEMENT OF THE
ISSUE:

Richmond City Council and the WCCUSD Board have
held joint meetings in the past. At one time, we
considered holding quarterly or bi-annual meetings to get updates and identify avenues of collaboration. It has
been some time since we have held such a joint meeting
and it is in the interest of Richmond residents, families and students to hold a joint meeting once again.

RECOMMENDED ACTION: DIRECT staff to connect with West Contra Costa Unified School District (WCCUSD) Superintendent Dr. Chris
Hurst to identify a date and location in the fall for a joint meeting of the Richmond City Council and the WCCUSD
Board to hear updates and explore collaborations - Vice Mayor Gayle McLaughlin (510-620-6636).

DISCUSSION:

Vice Mayor McLaughlin has met on more than one occasion in recent months with WCCUSD Superintendent Hurst. One of the items that was discussed was the idea of AGENDA
REPORT
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June 27, 2023
holding a joint meeting of Richmond City Council and the WCCUSD Board in the fall of 2023. Such joint meetings were held in the past and found to be very useful for both the City Council and the School Board.

Vice Mayor McLaughlin has also discussed this with Kennedy High’s Principal Jared Scott who offered a multi-purpose room at Kennedy High for the purpose of holding this joint meeting.

Supt. Hurst thought this fall would be a good time to hold such a joint meeting as the district will have some updates to share with the City Council at that time. On the City’s end, we have some issues that we would like to discuss with the Board. Below are some topics to consider for an agenda.

1. Discuss ways to strengthen the Joint Facilities Agreement between the City and the District. Various councilmembers have been discussing how we can better serve our youth with more affordable access to athletic fields and other facilities, so this will be a timely discussion.

2. Hear updates on the District’s plan for various new plans for Richmond schools such as:
a. renovations and construction improvements to Richmond schools. b. new curriculum and areas of study for Richmond schools c. status of community school efforts

3. Presentation by leaders of the Working Waterfront Coalition which is a great opportunity for collaboration among many entities, including the City Council and School Board. The Working Waterfront Coalition is a coalition of labor, civic and workforce boards committed to reviving vocational education, starting in WCCUSD with Richmond’s Kennedy High welding program to facilitate jobs in the Maritime trades.

There may be other topics to consider or modifications of the above. It will be wise to consider that we will have 12 elected officials at the table, along with many staff from the District and the City, as well as public comments to accommodate. Our joint meetings in the past were always kept to no more than 3 (o 4 at most) items to allow for discussion among all.

DOCUMENTS ATTACHED:

None
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June 27, 2023

Economic Development
Port Division

DATE: June 27, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Nannette J. Beacham, Director of Economic
Development
Lizeht Zepeda, Senior Business Assistance Officer

Subject:

Marine Spill Response Corporation (MSRC) First Lease
Amendment to Lease Agreement
FINANCIAL IMPACT: MSRC currently leases and occupies Finger Pier Number One at 1314 Canal Blvd. at a monthly rate of $31,905.54, for an annual total of $382,866.48. This action authorizes the receipt of annual lease revenue for the Port of
Richmond for a ten-year period in the range of
$396,266.81 - $553,242.83, with (3.5%-4% Consumer
Price Index (CPI) adjustment), for Fiscal Years (FY)
2023-2024 through FY 2032-2033, and two (2)
successive five-year options to extend and rent to be
determined based on annual CPI increase through FY
2033-2034 through FY 2042-2043(Account String
40162780-362801).

PREVIOUS COUNCIL
ACTION:

01/01/1993

STATEMENT OF THE
ISSUE:

City staff is seeking approval of a First Lease
Amendment to Lease Agreement with MSRC for Finger
Pier Number One located at the Point Potrero Marine
Terminal.

AGENDA
REPORT
124

June 27, 2023
RECOMMENDED ACTION:

APPROVE a First Lease Amendment to Lease
Agreement with Marine Spill Response Corporation
(MSRC), for a ten-year term commencing July 1, 2023,
and two successive five-year extension options that could potentially extend the lease term through June 30, 2043 – Economic Development Department (Nannette
Beacham/Lizeht Zepeda 510-620-6653).

DISCUSSION:

Marine Spill Response Corporation (MSRC) is the largest dedicated oil spill and emergency response organization in the United States. MSRC is an independent, not- for-profit, U.S. Coast Guard Classified Oil Spill Removal Organization (OSRO). MSRC was formed in 1990 to offer oil spill response services and mitigate damage to the environment.

MSRC currently leases and occupies Finger Pier Number One at Point Potrero Marine Terminal at a base rent of $31,905.54 per month for an annual total of $382,866.48.

MSRC has been a tenant in good standing with the Port of Richmond since 1993. The lease was for a ten-year period and included four (4) five-year extension options. MSRC has exercised its four extension options, and the current lease is set to expire on June 30, 2023. Marine Spill Response Corporation has expressed interest in continuing to lease Finger Pier Number One from the Port.

The items for the First Amendment are as follows:

1. Initial Term and Extensions. The term of this Lease shall be ten (10) Lease Years commencing at 12:01 on July 1, 2023, as may be extended as follows (“Term”). Tenant shall have two (2) successive options to extend the Term each for an additional five (5) year period.

2. Amount of Rent. Commencing with the Term on July 1, 2023, and for the first Lease Year, Tenant shall pay to Landlord monthly rent (“Base Rent”) equal to Thirty-Three Thousand Twenty-Two Dollars and Twenty-Three Cents ($33,022.23). For Lease Years 2 through 5 of the Term, Base Rent shall be increased annually by the CPI Increase (as defined below) but not more than three and a half percent (3.5%) for each such Lease Year. For Lease Years 6 through 10 of the Term, Base Rent shall increase by CPI Increase but no less than three and a half percent (3.5%) and no more than four percent (4%) for each such Lease Year; and

3. For each Lease Year during an Extended Term, Base Rent shall increase by actual Consumer Price Index (CPI) increase as defined in the First Amendment.

125

June 27, 2023
It is critical that MSRC is in Richmond as this non-profit organization provides important maritime services, including oil spill response services for coastal and inland environments.

DOCUMENTS ATTACHED:

Attachment 1 – First Lease Amendment
Attachment 2 – Lease Agreement
Attachment 3 – Exhibit A Area Map
Attachment 4 – New Lease Year Rent Schedule

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01337.0020/900871.1
First Amendment to MSRC Lease 1

FIRST AMENDMENT TO LEASE AGREEMENT

THIS FIRST AMENDMENT TO LEASE AGREEMENT (“First Amendment”) dated as of June 30, 2023, is made by and between the SURPLUS PROPERTY AUTHORITY OF THE CITY OF RICHMOND, a public body corporate and politic (“Landlord”) an d MARINE SP ILL RESPONSE CORPORATION, a Tennessee not-for-profit non-membership corporation (“Tenant”). Landlord and Tenant are sometimes collectively referred to as the “Parties” and individually as a “Party.”

RECITALS

A. Landlord and Tenant entered into that certain Lease dated January 1, 1993 (“Original Lease”) for that certain real property as legally described on Exhibit A located at Point Potrero Marine Terminal, Finger Pier Number One with a common address 1314 Canal Boulevard in Richmond, California (“Premises”).

B. The Term of the Lease was previously extended and currently terminates at midnight on June 30, 2023.

C. The Parties desire to amend the Lease as set forth in this First Amendment to include extending the Lease term.

NOW, THEREFORE, for g ood and valuable considerat ion, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree to amend the Lease as follows:

1. EFFECTIVE DATE . This First Amendment shall be effective on the date this First Amendment is executed by Landlord after approval by Landlord’s Board (“Effective Date”).

2. RECITALS. The foregoing recitals are incorporated into this First Amendment and made a part hereof.

3. DEFINITIONS. All defined terms in this First Amendment shall have the same mean ing as in the Lease except as otherwise specifically defined in this First Amendment.

4. CONFIRMATION OF RENT. The Parties confirm that as of the Effective Date the Base Rent is Thirty-One Thousand Nine Hundred Five Dollars and Fifty-Four Cents ($31,905.54).

5. MODIFICATIONS/AMENDMENTS. As of the Effective Date, t he O riginal Lease is amended/modified as follows:

a. Section 3.1 Initial Term and Extensions is deleted in its entirety and the following is inserted in its place and stead:

“3.1 Initial Term and Ex tensions. The term of th is Lease shall be ten (10) Lease Years commencing at 12:01 on July 1, 2023 as may be extended as follows (“Term”).

Tenant shall have two (2) successive options to extend the Term each for an additional five 166

01337.0020/900871.1
2 (5) year period commencing on the date imme diately succeeding the expi ration date of the then existing Term , upon the terms and conditions hereof, including the rent specified for such Extended Term as provided in Section 4.1, provided that at the time of exercis e of the applicable option, an Event of De fault (as defined in Section 15.1) does not exist . An option must be exercised by Tenant giving written notice of exercise to Landlord delivered not less than nine (9) months nor more than twelve (12) months prior to ex piration of the ex isting Term. If th e first option to extend is no t ex ercised, the s econd option to extend shall automatically terminate and be of no further force or effect.”

b. Section 4. Rent is deleted in its entirety and the following is inserted in its place and stead:

“4.1 Amount of R ent. Commencing with the Term on July 1, 2023 and for the first Lease Year, Tenant shall pay to Landlord monthly rent (“Base Rent ”) equal to Thirty-Three Thousand Twenty -Two Dollars and Twenty -Three Cents ($33,022.23). For Lease Years 2 through 5 of the Term, Base Rent shall be increased annually by the CPI Increase (as defined below) but not more than three and a half percent (3.5%) for each such Lease Year. For Lease Years 6 through 10 of the Term, Base Rent shall increase by C PI Increase but no less than three and a half percent (3.5%) and no more than four percent (4%) for each such Lease Year.

For each Lease Year during an Extended Term, Base Rent shall increase by actual CPI Increase.

The Base Rent for each Lease Year shall be increased (“CPI Increase”) to be the sum of (i) the Base Rent for the immediate preceding Lease Year , pl us ( ii) the produc t obtained by multiplying such amoun t by t he percentage increase in the Consumer Price Index measured from the m easuring month wh ich is April of each new Lease Year to the measuring month April of the prior Lease Year. As used herein, the term “Consumer Price Index” (“Consumer Price Index”) shall mean the United States Department of Labor’s Bureau of Labor Statistics Consumer Price Index, All Urban Consumers, All Items, San Franci sco-Oakland-San Jose, California (1982-84 equals 100), or the successor of such index.

Tenant shall co ntinue paying the current Base Rent until the increas ed Base Rent has been calculated. Upon such calculation, Landlord shall give written notice to Tenant of the amount of the new Base Rent which shall be du e and payable effective as of the c ommencement of the new Lease Year and Tenant shall, upon receipt of such not ice (“Notice Date ”), pay Landlord any sh ortage in Base Rent accruing between the commence ment of the new Lease Year and the Notice Date.

4.2. Due Date. All rental payments shal l be made in advance and o n the first (1 st) day of each month during the Term of this Lease without offset or demand. All monetary obligations of Tenant under this Lease, includi ng, but not limited to, insurance premiums, property taxes, maintenance expenses, late charges, and utility costs shall be deemed “Rent” for purposes of this Lease.

4.3 Place of Payment . Rent shall be payable at s uch ti me as Lan dlord may specify, by written notice to Tenant, as hereinafter provided from time to time.”

c. Section 18.1 Notice is amended to change the additional notice to Landlord to be provided as follows:
167

01337.0020/900871.1
3 City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attn: City Attorney

6. FULL FORCE AND EFFECT. Except as specifically modified by this Amendment, all of the terms, covenants, and conditions of the Original Lease shall remain in full force and effect. In case of any inconsistencies between the ter ms and conditions contained in the Original Lease and the terms and conditions contained in this First Amendment , the terms and conditions of this First Amendment shall control.

7. CONSTRUCTION. This First Amendment shall be construed according to its fair meaning as if prepared by all Parties to this First Amendment . Headings used in this First Amendment are provided for convenience only and shall not be used to construe meaning or intent.

8. AUTHORITY. Each individual executi ng this First Amendment on behalf of Tenant represents, warrants and covenants to Landlord that (a) Tenant is duly formed and authorized to do business in the state of its incorporation, (b) such person is duly authorized to execute and deliver this First Amendment on behalf of Tenant in accordance with authority gra nted und er the organizational documents, and (c) Tenant is bound under the terms of this First Amendment.

9. ATTORNEY FEES. If any lawsuit is commenc ed t o enforce any of the terms o f this First Amendment, the prevailing Party will have the right to recover its reasona ble attorney's fees and costs of suite from the other Party.

10. COUNTERPARTS. This First Amendment may be exe cuted in several cou nterparts, e ach of which shall be an original and all of which shall constitute one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]

168

01337.0020/900871.1
4 IN WITNESS WHER EOF, the Parties have caused this First Amendment to be executed by their properly authorized representatives as of the date and year first above written.

TENANT LANDLORD

MARINE SPILL RESPONSE CORPORATION.,
a Tennessee not-for-profit non-membership
corporation

By: _________________________
______________ Print Name
Its: ______________________

By: _________________________
_____________ Print Name
Its: __________________________

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

By:

Shasa Curl, Executive Director

ATTEST

__________________________
Pamela Christian, Authority Clerk

APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

By:

David J. Aleshire
Authority Counsel

169
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*THIS DRAWING IS NOT TO SCALE.

LEGEND
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D

STORAGE AREA
WHARF 6C

COMMON AREA ACCESS
7000 SQ. FT.

STORAGE AREA
BASIN 1
BASIN 2
BASIN 3
BASIN 4
BASIN 5
WHARF 6C
CANAL BLVD.
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171
Current monthly $31,905.54

3.5% Annual CPI Monthly Annual
Year 1 6/30/23-7/1/24 $1,116.69 $33,022.23 $396,266.81
Year 2 6/30/24-7/1/25 $1,155.78 $34,178.01 $410,136.15
Year 3 6/30/25-7/1/26 $1,196.23 $35,374.24 $424,490.91
Year 4 6/30/26-7/1/27 $1,238.10 $36,612.34 $439,348.09
Year 5 6/30/27-7/1/28 $1,281.43 $37,893.77 $454,725.28
$2,124,967.23

3.5% Annual CPI Monthly Annual 4% Annual CPI Monthly Annual Year 6 6/30/28-7/1/29 $1,326.28 $39,220.05 $470,640.66 $1,515.75 $39,409.52 $472,914.29 Year 7 6/30/29-7/1/30 $1,372.70 $40,592.76 $487,113.08 $1,576.38 $40,985.90 $491,830.86 Year 8 6/30/30-7/1/31 $1,420.75 $42,013.50 $504,162.04 $1,639.44 $42,625.34 $511,504.09 Year 9 6/30/31-7/1/32 $1,470.47 $43,483.98 $521,807.71 $1,705.01 $44,330.35 $531,964.26 Year 10 6/30/32-7/1/33 $1,521.94 $45,005.92 $540,070.98 $1,773.21 $46,103.57 $553,242.83 $2,523,794.48 $2,561,456.32
Option (1) Annual CPI TBD
Year 11 33/34
Year 12 34/35
Year 13 35/36
Year 14 36/37
Year 15 37/38
Option (2)
Year 16 38/39
Year 17 39/40
Year 18 40/41
Year 19 41/42
Year 20 42/43
MSRC New Lease Rent Schedule
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June 27, 2023

Economic Development

DATE: June 27, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Nannette Beacham, Director of Economic Development
Winifred Day, Arts and Culture Manager
Shané Johnson, Senior Administrative Analyst
Subject:

FY 2023-24 Neighborhood Public Art (NPA) Mini Grant
Awards Selection
FINANCIAL IMPACT: The funding for this grant program is not to exceed $89,589 and will be included in the FY 2023-24 Arts &
Culture division General Fund and One-Percent Fund
budgets as follows:

$65,000 – General Fund (01364065-400201)
$24,589 – One-Percent Fund (13564165-400201)

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Since 2010, the Richmond Arts and Culture Commission
(RACC) has awarded funding to Richmond community
members for art projects all over the city. City staff is bringing forth funding recommendations from the RACC
for the FY 2023-24 Neighborhood Public Art (NPA) Mini
Grant Program for review and approval by the City
Council.

AGENDA
REPORT
173

June 27, 2023
RECOMMENDED ACTION:

APPROVE a recommendation from the Richmond Arts
and Culture Commission (RACC) for Fiscal Year (FY)
2023-24 to grant awards to twelve selected artists, for a total combined amount not to exceed $89,589, for a term beginning August 1, 2023, and ending June 30, 2024;
and AUTHORIZE the city manager or their designee to
negotiate and execute agreements with approved
grantees - Economic Development Department
(Nannette Beacham/Winifred Day 510-620-6512).

DISCUSSION:

For over ten years, the Richmond Arts and Culture Commission (RACC) Neighborhood Public Art (NPA) Mini Grant program has awarded grants ranging from $500 to $8,000 to Richmond community members for art projects throughout Richmond. To better support local artists, the RACC voted to increase the award range beginning with a minimum award of $2,500 up to a maximum of $9,000.

The solicitation process for fiscal year (FY) 2023-24 included a Request for Proposals (RFP) which was distributed on March 2, 2023, to over 1000 artists (Attachment 1). The distribution list included artists who attended RACC Community Outreach workshops, artists who had Richmond business licenses, non-profit arts organizations including those located locally in Richmond, and previous NPA Mini Grant award winners and applicants. The RFP was also posted in the City Manager’s Weekly Newsletter and several Social Media platforms including Facebook, etc. The proposal deadline was April 28, 2023.

On March 22, 2023, 40 people attended the mandatory Information Session via ZOOM.

At the April 28, 2023 application deadline, there were 16 successfully submitted applications. The range of proposals included art banners, art exhibits, instrumental music classes, children’s choir performance, filmmakers, etc. The written applications included a project description, resume/bio, project budget, and optional items such as images of prior work and supporting materials including articles, artist statements, postcards, etc.

On May 24-25, 2023, the selection panel conducted interviews with the top applicants.

Subsequently, the panel made their selection of 12 finalists based on the scores and rankings for each proposal (Attachment 2). The scoring rubric allowed for a grand total of 20 points and allotted a five-point maximum to each of the following review criteria:
project description, artist experience, community outreach and engagement, and feasibility including a reasonable timeline and budget.

On June 8, 2023, the RACC voted to recommend that the City Council approve the selection of 12 finalists for NPA Mini Grant awards not to exceed $89,589. Once under contract, the artists will have until June 30, 2024, to complete the awarded project. 174

June 27, 2023

DOCUMENTS ATTACHED:

Attachment 1 – FY 2023-24 NPA Mini Grant RFP
Attachment 2 – NPA Mini Grant Scoring Matrix
175
1 Richmond Arts and Culture Commission
Neighborhood Public Art Mini-Grants FY 2023 - 2024
Request for Proposals (RFP)
Application Deadline: April 28, 2023 @ 5:00 p.m.

Awards Confirmed: July 2023

Background:

The City of Richmond, CA, Neighborhood Public Art (NPA) Mini-Grant Program is now seeking applications for the FY 2023-2024 grant cycle. The grants are designated to stimulate arts and culture in the Richmond community, help emerging artists of all ages and ethnicities, and fund local visual, literary, and performing arts projects. Since 2010, the NPA program has been coordinated by the Richmond Arts and Culture Commission (RACC) and has engaged hundreds of community members in art projects all over the City of Richmond. To apply, please complete the attached application by the designated deadline.

Purpose:

What an NPA Mini-Grant does:
● Provides local artists, non-profit arts organizations, and community members with funding for their public art projects benefiting the Richmond community. ● Builds community and enables the artists to pass on their skills by involving the participation of other residents in the projects.

Eligible Art Forms:
● Visual Arts: art forms that are created primarily for visual perception, such as ceramics, crafts, drawings, graphic design, mosaics, murals, paintings, photography, printmaking, sculpture, etc.
● Performing Arts: forms of creative activity that are performed in front of an audience, such as dance, drama, music (instrumental and vocal) musical theater, spoken word, etc.
● Literary Arts: art in the form of writing that has artistic and cultural value that displays the use of speech and language to convey certain meanings, such as fiction, non-fiction, poetry, prose, short stories, collected works, compilations, etc. 176
2 Eligibility Criteria for Applicants:

Eligible: Richmond residents and Richmond-based arts organizations may apply as individuals, as a team with partners, or as a non-profit arts organization. Licensed "non-profit" organizations may serve as fiscal agents for mini grants. If you are already engaged in a creative project and need additional funding, you are eligible to apply for a NPA Mini-Grant. If you have received more than two NPA grants in previous years, please consider partnering with an emerging artist to apply.

Ineligible: "For-profit" (corporate entities) do not qualify for this NPA Mini-Grant. If you are an employee of the City of Richmond, and/or a relative of a Commissioner or any appointed official, you may not apply for this grant, as this relationship represents a conflict of interest.

Mini-Grant Award Amounts:

Grant awards range from $2,500 - $9,000*
* All grant awards above $5,000 require a City of Richmond business license.

Awards will be granted to multiple artist projects based on proposal budget requests and the availability of funds. Incomplete applications will not be evaluated.

Final awards will be disbursed in two parts. The first payment will be paid upon signing the contract for services and the 2nd payment will be paid upon successful completion of the funded project. All projects need to be completed no later than June 30, 2024.

Selection Process and Deadlines
Selection Process:

All proposals received by the deadlines as established in the guidelines, will be reviewed for completeness and adherence to proposal submission guidelines. Proposals found to be eligible will be reviewed by RACC commissioners and ranked using the established review criteria. Pre- qualified candidates will then be invited to make a virtual presentation to the RACC. After the presentations, the RACC will identify a smaller group of semi-finalists to undergo a final review.

A group of finalists will be selected and offered grant awards. A total of $65,000 will be awarded to multiple artist projects based on proposal budget requests and the availability of funds. Incomplete applications will not be evaluated.

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3 Written Proposal Review:

Each eligible proposal receives a total point score and will be awarded points based on the following criteria:

1. Clear Project Description

2. Artist experience

3. Community outreach/engagement component

4. Fair and Reasonable Cost (Budget)
Proposals are awarded 1 to 5 points for each criteria:
1-2 points = minimally qualified
3-4 points = qualified
5 points = exceptionally qualified
The maximum overall total point score possible is 20 points.

Oral Proposal Review:

After the proposals have been evaluated by the RACC and scored based on their written submissions and total points, semi-finalists will be invited to present their proposals in-person or using a virtual presentation in alignment with COVID protocols per state mandates.

The RACC reserves the right to select proposal candidates to participate in the presentations at its sole discretion, prior to awarding the final grants.

2023 Application Deadlines:

March 2 Applications Posted
March 22 Mandatory Information Session: Workshop for all applicants at 6:00 p.m. Meeting may be virtual, in-person, or hybrid.

Email: [email protected] for invitation details
April 28 Application Deadline @ 5:00 p.m.

May 24 & 25 RACC virtual interviews, 6:00 p.m. – 8:00 p.m.

June 8 RACC meeting to finalize selection of mini grant awardees July Announce NPA Mini Grant awardees
August All NPA Mini Grant awardees under contract
178
4 Grant Duration:

Once grantees have been selected, contracts will be prepared and awarded. The grant projects can begin upon contract execution (scheduled for August 2023) and must be completed no later than June 30, 2024.

Upon completion of each project, and for your final payment, you will be required to report back to the RACC with a written summary that includes photos of the completed project and the results of your creativity. Each awarded project will be assigned a commissioner liaison from the RACC to assist and support the awardee through each step ensuring a successful project.

Application Instructions:

To apply, please download and complete the application form as directed.

Submission of Proposals
The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the proposer.

Electronic Proposals shall be submitted via the City’s secure online system. All required sections of the proposal must be completed. The applicant is solely responsible for “on time” submission of their electronic proposal. The City’s secure online system will not accept late proposals and exceptions will not be made. Applicants will have the option to receive an email copy of their submission. A confirmation page will appear upon successful submission indicating that the proposal was transmitted successfully. The City will only receive those proposals that were transmitted successfully.

The proposal must be received no later than 5:00 p.m., local time, on April 28, 2023.

Questions
For questions, please email: [email protected]
To download the application, please visit https://www.ci.richmond.ca.us/FormCenter/Arts- Culture-Division-20/FY-2324-Neighborhood-Public-Art-NPA-Mini-178 For more information about Richmond Arts and Culture, please visit:
www.ci.richmond.ca.us/2064/Arts-Culture

179
5 Things to consider:

Please note that if your proposal is selected for a grant award, you will be required to comply with additional requests for required information and/or documents prior to receiving grant funding, including but not limited to:

1. Completed W9, Vendor Supplemental Questionnaire, LLC disclosure, Sanctuary City Compliance form

2. City of Richmond Business License for projects over $5,000 (fees are not reimbursable)

3. Proof of insurance, as requested

4. Signed contract with the City of Richmond

5. Invoice from the artist to the City of Richmond requesting initial 50% payment

6. All awarded candidates will be assigned a Richmond Arts and Culture Commissioner liaison, who will be available to assist and support you through the duration of your successful public art project

7. Any artist who receives awarded funds but is unable to provide evidence of completion of milestones (50% complete and 100% complete) will be asked to return the funds.

8. Any artist who receives awarded grant funds, shall credit the City of Richmond, and the Richmond Arts and Culture Commission as a sponsor for their public art project (i.e., mural, social media, etc.)

a. A high-resolution City of Richmond logo and the Richmond Arts and Culture Commission logo will be provided to each awardee to be used on all written and other published media associated with their project.

9. Any project to be installed/placed on private property will require a permission letter from the property owner at the time of application.

10. Grantees should consider ongoing COVID-19 safety measures, as needed.

180
FISCAL YEAR 2023‐2024
NEIGHBORHOOD PUBLIC ART MINI GRANT
RATING MATRIX
Applicants Project Amount
Requested
Amount
Suggested
#1 #2 #3 Totals Average
Score
Rank
Tuttle, Maria Arts ‐based education for
underserved children
9,000$               9,000$          20 20 20 60 20.0 1 Arts of Point Richmond Washington  School
Banner Project
8,500$               $     8,500* 20 20 19 59 19.7 2.5
Richmond Art Center John  Wehrle
Retrospective
9,000$               9,000$          20 19 20 59 19.7 2.5 Hindman, Sally Tiny  House Murals 9,000 $               $     9,000* 20 20 18 58 19.3 4.5 Mills, Ronnie, II Spirit  & Soul Festival 9,000 $               9,000$          20 20 18 58 19.3 4.5 Bruce, Stephen Skidmore  Project: Art
/Science curriculum
9,000$               9,000$          19 20 18 57 19.0 7 NIAD Book  and Exhibition 8,000 $               8,000$          19 19 19 57 19.0 7 Madison, Tomye Neal Art  of the African Diaspora
guides young artists with
workshops, art show,
mentorship
4,999$               4,999$          19 20 18 57 19.0 7 Anthony, Mark Empowering  Youth
Through Music
9,000$               9,000$          19 20 15 54 18.0 9.5 Barrow, John Wayne, III Clothing 2,500 $               2,500$          19 19 16 54 18.0 9.5 Mocine, Peggy Library  Shelves 2,590 $               2,590$          13 15 15 43 14.3 11 Allen, Deonta Beautify  Richmond Murals 9,000$               $     9,000* 11 17 14 42 14.0 12 Gilligan, Regina Point  Molate Earth Day
Celebration
7,801$               15 13 11 39 13.0 13
De La Mora Mendoza,
Irania
Art Classes at church 9,000 $               ‐ $              10 13 12 35 11.7 14 Shiloh, Tamara Multicultural  Bookstore
mural
3,500$               ‐ $              01 7 1 22 9 9 . 7 1 5 Keno Wayfinding  Markers 5,000 $               ‐ $              2 10 9 21 7.0 16 Total 114,890$          89,589$

REVIEWERS
*Includes funding from the One‐Percent Fund  181

June 27, 2023

Finance Department

DATE: June 27, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Nickie Mastay, Deputy City Manager for Internal Services Mubeen Qader, Deputy Director of Finance
Antonio Banuelos, Accounting Manager

Subject:

Approval of Liens and Special Assessments for Unpaid
Garbage Collection Service Fees Due to Republic
Services
FINANCIAL IMPACT: The City will receive $226,360.18 when the balance of the liens is paid, of which $208,810.18 will be remitted to Republic Services, and $17,550 in administrative fees will be deposited to the General Fund.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

City staff is requesting City Council approval of liens and special assessments for unpaid garbage collection
service fees to be placed on the County property tax
records.

RECOMMENDED ACTION:

ADOPT a resolution authorizing placement of liens and
special assessments for unpaid garbage collection
service fees on Contra Costa County’s property tax
records – Finance Department (Mubeen Qader 510-620-
6740/Antonio Banuelos 510-620-6741).

AGENDA
REPORT
182

June 27, 2023
DISCUSSION:

Richmond Municipal Code Chapter 9.20 entitled “Solid Wastes” requires that property owners have garbage collection services and pay for those services. Richmond property owners are notified in writing of their obligation to have and pay for garbage collection services. Property owners who are five (5) months delinquent in their payments receive a final notification of their outstanding debt and a date for an administrative hearing. The administrative hearings are held quarterly and attended by staff from both Republic Services and the City of Richmond’s Finance Department. If the fees remain unpaid, a lien is placed on the property in the amount of the unpaid garbage collection fees plus associated City administrative fees.

City staff is requesting that the City Council adopt a resolution that authorizes liens and special assessments for unpaid garbage collection services fees to be placed on Contra Costa County’s property tax records. Garbage collection fees are remitted to Republic Services on a yearly basis, after collection of the property taxes. Administrative fees are retained by the City.

DOCUMENTS ATTACHED:

Attachment 1 – Exhibit 1 - Letter from Republic Services Attachment 2 – Exhibit 2 - Garbage Lien Resolution
Attachment 3 – Exhibit 3 - Garbage Preliminary Lien List

183
Exhibit 1 - Letter from Republic Services
184
Exhibit 2 - Garbage Lien Resolution

RESOLUTION NO.

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

LEVYING SPECIAL ASSESSMENTS FOR UNPAID WASTE COLLECTION SERVICE

CHARGES ON CERTAIN LANDS SITUATED IN THE CITY OF RICHMOND,

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
WHEREAS, pursuant to Richmond Municipal Code (RMC) Chapter 9.20, Section

9.20.100(b) subscription to waste collection service for all premises is required in the City of Richmond; and
WHEREAS, the premises located in the City of Richmond, County of Contra Costa, State of California, and described in Exhibit A attached hereto and by this reference incorporated herein, were provided with waste collec tion service as required by RMC Chapter

9.20; and
WHEREAS, pursuant to the provisions of Section 9.20.110, th e owners of said premises were notified in writing of their requirement to subscribe to waste collection services and make payments as required by said code section; and WHEREAS, said owners of the premises failed to make payments for waste collection services as required; and
WHEREAS, as a result thereof, the City of Richmond has incurred charges for delinquent waste collection charges and administrative costs, which amounts remain unpaid; and WHEREAS, said delinquent waste collection service charges an d administrative costs are enumerated in Exhibit A.

NOW, THEREFORE, BE IT RESOLVED that pursuant to Section 9.20.110 of the Municipal Code of the City of Richmond, the City Council of the City of Richmond does hereby lien and levy a special assessment aga inst each premises, in the amounts as identified for each specific premise listed in the Exhibit A which is attached hereto and incorporated herein by this reference.

BE IT FURTHER RESOLVED that Exhibit A may be amended to delete any enumerated waste coll ection service charges and administrative costs paid before special assessments authorized hereby are forwarded to the County Recorder of Contra Costa County, California.

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this resolut ion, together with Exhibit A as may be amended, with the Office of the County Recorder of Contra Costa County, California.

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to deliver a copy of this resolution to the Director of Finance of the City of Richmond, and that the Director of Finance is authorized to cause the above amounts to be collected in the manner provided by law for collection of special assessments.
185
Exhibit 2 - Garbage Lien Resolution
-------------------------
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond, California at a regular meeting thereof held June 27, 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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PRELIMINARY LIEN LIST NO CONSOLIDATION 06/2023
Levy Code: HR
As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 4054700267
MAYO BRISHJAE 2423 BRANCHWOOD CT 26 2423 BRANCHWOOD CT 26 23/01 185.83 45.00 230.83 RICHMOND CA 94806
4055120093
CLEPPER VENETTA M 360 GRAND AVE #347 3742 NORTH RIDGE DR 23/01 196.62 45.00 241.62

OAKLAND CA 94610
4055700266
AZENE FREWORK A 1103 YARROW PL 1103 YARROW PL 23/01 134.41 45.00 179.41 RICHMOND CA 94806
4056000070
OGUAMALAM SUSSAN MMA 3312 PARK RIDGE DR 3312 PARK RIDGE DR 23/01 806.20 45.00 851.20 RICHMOND CA 94806
4056400494
LAMA THUPTIN 862 MULBERRY CT 862 MULBERRY CT 23/01 364.86 45.00 409.86 RICHMOND CA 94806
4080410014
MANNING DOROTHY 3908 MC GLOTHEN WAY 3908 MC GLOTHEN WAY 23/01 196.91 45.00 241.91 RICHMOND CA 94806
4080820154
BONDI MASON 22 WOLFE AVE 401 PARR BLVD 23/01 7,009.81 45.00 7,054.81 SAN RAFAEL CA 94901
4140510035
PARHAM STEVEN 2935 MC KENZIE DR 2935 MC KENZIE DR 23/01 160.88 45.00 205.88 RICHMOND CA 94806
4140670045
MOLINA WILFREDO & ANNETTE 3114 MOYERS RD 3114 MOYERS RD 23/01 171.98 45.00 216.98 RICHMOND CA 94806
4140710072
TORRES-GARCIA ARTURO 3140 JO ANN DR 3140 JO ANN DR 23/01 400.90 45.00 445.90 RICHMOND CA 94806
4141420044
GREEN LOUISE TRE 2816 GONZAGA AVE 2816 GONZAGA AVE 23/01 369.76 45.00 414.76 RICHMOND CA 94806
Exhibit 3 - Garbage Preliminary Lien List
187

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 4311320156
ZORRILLA LEONEL & WAJMA 4396 NELSON DR 4396 NELSON DR 23/01 279.12 45.00 324.12 RICHMOND CA 94803
4311510061
FRIEDMAN STEVEN MICHAEL 4438 SANTA RITA RD 4438 SANTA RITA RD 23/01 341.71 45.00 386.71 RICHMOND CA 94803
4311830113
ONTIVEROS RANDOLPH J TRE 3121 SHELDON DR 3121 SHELDON DR 23/01 410.25 45.00 455.25 RICHMOND CA 94803
4334100221
HOLDER DAVID SPENCER 5753 AMEND RD 5753 AMEND RD 23/01 84.35 45.00 129.35 RICHMOND CA 94803
5094000030
MEJIA MARTIN C & NOHEMY 3944 POTRERO AVE 3944 POTRERO AVE 23/01 25.98 45.00 70.98 RICHMOND CA 94804
5131310285
DAVIS JAYNA 420 S 41ST ST 420 S 41ST ST 23/01 1,034.28 45.00 1,079.28 RICHMOND CA 94804
5131640061
JACKSON GLORIA D TRE 3128 CENTER AVE 315 S 35TH ST 23/01 1,018.09 45.00 1,063.09 RICHMOND CA 94804
5133160431
JONES KIM EDWARD 4532 OVEREND AVE 4532 OVEREND AVE 23/01 357.06 45.00 402.06 RICHMOND CA 94804
5133220086
WALKER MALIK 4521 WALL AVE 4521 WALL AVE 23/01 661.67 45.00 706.67 RICHMOND CA 94804
5134030203
SHRESTHA RAJENDRA P THAPA 4209 POTRERO AVE 4209 POTRERO AVE 23/01 451.09 45.00 496.09 RICHMOND CA 94804
5141800218
DAVIS LEAVELLE P 528 18TH ST 528 18TH ST 23/01 304.45 45.00 349.45 RICHMOND CA 94801

Exhibit 3 - Garbage Preliminary Lien List
188

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5142300028
MARCADIER ALINE X 635 23RD ST 635 23RD ST 23/01 805.45 45.00 850.45 RICHMOND CA 94804
5142300259
SUCHIL BENIGNO & MARIA D 636 22ND ST 636 22ND ST 23/01 256.92 45.00 301.92 RICHMOND CA 94801
5142900355
KHAN GHULAM 2201 BONAR ST APT B 638 17TH ST 23/01 559.02 45.00 604.02 BERKELEY CA 94702
5150600038
THOI HA T 641 27TH ST 641 27TH ST 23/01 341.71 45.00 386.71 RICHMOND CA 94804
5151000105
BROWN ANTHONY E & VIKKI ANN 2821 ROOSEVELT AVE 2821 ROOSEVELT AVE 23/01 369.76 45.00 414.76 RICHMOND CA 94804
5160200019
MARTINEZ LUIS ESTRADA 3000 ROOSEVELT AVE 3000 ROOSEVELT AVE 23/01 407.14 45.00 452.14 RICHMOND CA 94804
5161810188
KANG JOHN SHIN 3131 MACDONALD AVE 3131 MACDONALD AVE 23/01 1,763.88 45.00 1,808.88 RICHMOND CA 94804
5170400062
ZHOU ZUOCHANG 529 41ST ST 529 41ST ST 23/01 341.71 45.00 386.71 RICHMOND CA 94805
5172310020
NGUYEN THAO THI THANH 4312 NEVIN AVE 4312 NEVIN AVE 23/01 67.28 45.00 112.28 RICHMOND CA 94805
5173200287
4040 RICHMOND LLC 6933 SHADY LAKE LN 4040 MACDONALD AVE 23/01 14.68 45.00 59.68 GRANITE BAY CA 95746
5230340092
PEARCE EMAGER 6145 BROADWAY 849 HUMBOLDT ST 23/01 1,357.45 45.00 1,402.45 OAKLAND CA 94618

Exhibit 3 - Garbage Preliminary Lien List
189

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5230440108
CHANG MIEN YIN & SHIUH T 614 CLAYTON AVE 777 HUMBOLDT ST 23/01 291.05 45.00 336.05 EL CERRITO CA 94530
5240400159
DECUIR DAVID & CONNIE 919 36TH ST 919 36TH ST 23/01 110.00 45.00 155.00 RICHMOND CA 94805
5240600063
SOLINSKY WILLIAM E 971 34TH ST 971 34TH ST 23/01 341.71 45.00 386.71 RICHMOND CA 94805
5242300159
GUL HAMAD 752 39TH ST 752 39TH ST 23/01 301.30 45.00 346.30 RICHMOND CA 94805
5242800257
MARTINEZ RITA C 776 33RD ST 776 33RD ST 23/01 350.66 45.00 395.66 RICHMOND CA 94804
5242900172
ADAMS JOHN DAVID JR 740 32ND ST 740 32ND ST 23/01 360.44 45.00 405.44 RICHMOND CA 94804
5261930092
HENDERSON INGRID 3007 MORAN AVE 3007 MORAN AVE 23/01 341.71 45.00 386.71 RICHMOND CA 94804
5262400012
DURR HAROLD L 2900 LOWELL AVE 2900 LOWELL AVE 23/01 377.03 45.00 422.03 RICHMOND CA 94804
5270210114
CHACON EDUARDO R 2316 PINE AVE 2316 PINE AVE 23/01 81.97 45.00 126.97 SAN PABLO CA 94806
5281200203
JIMENEZ KI M HERRERA 2835 LINCOLN AVE 2835 LINCOLN AVE 23/01 56.95 45.00 101.95 RICHMOND CA 94804
5281320084
GLOVER JEANIE M EST OF 2839 ESMOND AVE 2839 ESMOND AVE 23/01 264.86 45.00 309.86 RICHMOND CA 94804

Exhibit 3 - Garbage Preliminary Lien List
190

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5281610039
ZUNIGA JAVIER MARIO LEON 2330 LINCOLN AVE 2330 LINCOLN AVE 23/01 248.12 45.00 293.12 RICHMOND CA 94804
5291100062
NEALS FELECIA 1005 AILEEN ST 1328 ESMOND AVE 23/01 350.66 45.00 395.66 OAKLAND CA 94608
5291300324
LINHART ROBERT R 1171 MUNICH ST 1341 GARVIN AVE 23/01 2,339.81 45.00 2,384.81 SAN FRANCISCO CA 94112
5292620282
PENADO JOSE FRANCISCO TRE 1715 PENNSYLVANIA AVE 1715 PENNSYLVANIA AVE 23/01 343.99 45.00 388.99 RICHMOND CA 94801
5292710174
CASTILLO FELIPE 4441 JANA VISTA RD 1811 PENNSYLVANIA AVE 23/01 37.12 45.00 82.12 EL SOBRANTE CA 94803
5292900056
GOSWAMI ASHOK K & RAKSHA R 710 TURQUOISE DR 705 23RD ST 23/01 3,588.36 45.00 3,633.36 HERCULES CA 94547
5302500136
MARTINEZ JOSE ANGEL & MARIA M 1611 COALINGA AVE 1611 COALINGA AVE 23/01 372.86 45.00 417.86 RICHMOND CA 94801
5303300171
HO MATTHEW SAY 2203 VISALIA AVE 2203 VISALIA AVE 23/01 318.05 45.00 363.05 RICHMOND CA 94801
5340230035
FULCHER RAMONDA L 860 7TH ST 860 7TH ST 23/01 198.22 45.00 243.22 RICHMOND CA 94801
5342120275
MEJIA KAREN JACQUELINE 45 ALAMO AVE 317 RIPLEY AVE 23/01 298.75 45.00 343.75 RICHMOND CA 94801
5343400239
DOBASHI AHMED S 3480 RIDGEWOOD WAY 544 HARBOUR WAY 23/01 3,670.69 45.00 3,715.69 RICHMOND CA 94806

Exhibit 3 - Garbage Preliminary Lien List
191

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5383100046
NEALS FELECIA 1005 AILEEN ST 426 BISSELL AVE 23/01 410.76 45.00 455.76 OAKLAND CA 94608
5401400246
OROZCO GUILLERMO JIMENEZ TRE 521 5TH ST 242 MARINA WAY 23/01 341.71 45.00 386.71 RICHMOND CA 94801
5403000101
ANDRADE PATRICIA 15 11TH ST 15 11TH ST 23/01 227.58 45.00 272.58 RICHMOND CA 94801
5403200016
BROWN SYLVETTA 1204 CHANSLOR AVE 1204 CHANSLOR AVE 23/01 302.04 45.00 347.04 RICHMOND CA 94801
5404800715
SANCHEZ MICHAEL J JR 1523 NEVIN PLZ 1523 NEVIN PLZ 23/01 151.36 45.00 196.36 RICHMOND CA 94801
5440520103
DURAN JUAN ESTEBAN 100 S 20TH ST 100 S 20TH ST 23/01 170.57 45.00 215.57 RICHMOND CA 94804
5441000089
HENRY NATANYA 249 S 17TH ST 249 S 17TH ST 23/01 350.80 45.00 395.80 RICHMOND CA 94804
5491010103
JIMENEZ WILLIAM 438 S 23RD ST 438 S 23RD ST 23/01 699.65 45.00 744.65 RICHMOND CA 94804
5492020291
AUSTIN TAMARA 2932 BONDS LN 2932 BONDS LN 23/01 42.85 45.00 87.85 RICHMOND CA 94804
5500620058
FIRST REPUBLIC REAL ESTATE 1436 2ND ST STE 257 30 W OHIO AVE 23/01 408.59 45.00 453.59 NAPA CA 94559
5501510290
PAVLOVSKY NATALY 2934 HILLTOP MALL RD 126 216 S 3RD ST 23/01 1,388.17 45.00 1,433.17 SAN PABLO CA 94806

Exhibit 3 - Garbage Preliminary Lien List
192

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5502010068
REYES JOSHUA 222 S 5TH ST 222 S 5TH ST 23/01 222.58 45.00 267.58 RICHMOND CA 94804
5581220232
OCHOA PERLA ALEJANDRA DURAN 199 PARK PL 199 PARK PL 23/01 2,827.04 45.00 2,872.04 RICHMOND CA 94801
5606201241
ESTO EMMANUEL 11 SANDPOINT DR 11 SANDPOINT DR 23/01 341.71 45.00 386.71 RICHMOND CA 94804
5607900577
OMOREGIE OROBOSA N 704 JETTY DR 704 JETTY DR 23/01 276.91 45.00 321.91 RICHMOND CA 94804
5611920017
ZHANG YANTING 270 EL NIDO RD 316 DUBOCE AVE 23/01 339.36 45.00 384.36 PORTOLA VALLEY CA 94028

4056600820
FRANKLIN DERRICK L & LORI 5039 WHINS CT 5039 WHINS CT 23/02 131.56 45.00 176.56 RICHMOND CA 94806
4080120118
SLIPPER KEITH PO BOX 60352 4504 JENKINS WAY 23/02 116.98 45.00 161.98 PALO ALTO CA 94306
4080220033
OVERTON RUBY C 4405 MC GLOTHEN WAY 4405 MC GLOTHEN WAY 23/02 680.82 45.00 725.82 RICHMOND CA 94806
4140430143
GARTRELL ALONZO R III 2927 GROOM DR 2927 GROOM DR 23/02 168.63 45.00 213.63 RICHMOND CA 94806
4141210247
YAMAMOTO MARK H 2605 MARQUETTE CT 2605 MARQUETTE CT 23/02 368.65 45.00 413.65 RICHMOND CA 94806
4141510075
ROSALES HUGO R 2571 MOYERS RD 2571 MOYERS RD 23/02 295.23 45.00 340.23 RICHMOND CA 94806

Exhibit 3 - Garbage Preliminary Lien List
193

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 4142340019
DUNN HENRY A & FLODA S 2806 WISWALL DR 2806 WISWALL DR 23/02 370.06 45.00 415.06 RICHMOND CA 94806
4143200105
WU RUIPING 4035 MOZART DR 4035 MOZART DR 23/02 341.71 45.00 386.71 RICHMOND CA 94803
4311250148
AGREEMENT FUNDING MGMT SERV 2522 TAYLOR WAY 2771 SHELDON DR 23/02 681.17 45.00 726.17 ANTIOCH CA 94531
4311730123
ASANTE KOFI 3005 DE ANZA DR 3005 DE ANZA DR 23/02 341.71 45.00 386.71 RICHMOND CA 94803
4311930202
ROSSON ROBERT L 3115 KEITH DR 3115 KEITH DR 23/02 371.83 45.00 416.83 RICHMOND CA 94803
4313920250
KOLLIAS MARIE 4809 SKY HAWK DR 4809 SKY HAWK DR 23/02 352.10 45.00 397.10 EL SOBRANTE CA 94803
4321420079
ELDRIDGE ANGELA & JAWAN 5400 HACKNEY LN 5400 HACKNEY LN 23/02 253.25 45.00 298.25 RICHMOND CA 94803
4321420301
MATLOCK ATWEENA PO BOX 2085 4824 RENO PL 23/02 218.00 45.00 263.00 SAN FRANCISCO CA 94126
4321620157
VEDAR VERGEL CUPINO TRE 224 THARP DR 106 COACH CT 23/02 18.33 45.00 63.33 MORAGA CA 94556
4322010101
FREEMAN VALJEAN 487 DOHRMANN LN 112 WOODSTOCK CT 23/02 249.22 45.00 294.22 PINOLE CA 94564
4335020014
GOLZARY MATT 5774 AMEND RD 5774 AMEND RD 23/02 162.72 45.00 207.72 RICHMOND CA 94803

Exhibit 3 - Garbage Preliminary Lien List
194

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 4352220182
BAVARO ANTONE F & LORENE L TRE 4685 UPLAND DR 4685 UPLAND DR 23/02 212.69 45.00 257.69 RICHMOND CA 94803
5080610164
ROWELL EDWARD A 1356 MONTEREY ST 1356 MONTEREY ST 23/02 607.55 45.00 652.55 RICHMOND CA 94804
5080820086
GUILLEN FRANCISCO M & SARAH L 1325 MARIPOSA ST 1325 MARIPOSA ST 23/02 259.42 45.00 304.42 RICHMOND CA 94804
5101320223
HILLEARY CODY 5823 SACRAMENTO AVE 5823 SACRAMENTO AVE 23/02 299.65 45.00 344.65 RICHMOND CA 94804
5130310260
SMITH A L & BABE 3101 OHIO AVE 3101 OHIO AVE 23/02 1,202.87 45.00 1,247.87 RICHMOND CA 94804
5130520074
CLAIBORNE CATHERINE TRE 235 S 42ND ST 3536 FLORIDA AVE 23/02 209.89 45.00 254.89 RICHMOND CA 94804
5130830168
MEMBRENO CARLOS 137 S 42ND ST 137 S 42ND ST 23/02 390.30 45.00 435.30 RICHMOND CA 94804
5130920324
ZHANG YANTING 270 EL NIDO RD 4232 OHIO AVE 23/02 370.06 45.00 415.06 PORTOLA VALLEY CA 94028
5131520180
HENDRIX PAMELA JOYCE 5020 FLEMING AVE 319 S 37TH ST 23/02 491.78 45.00 536.78 RICHMOND CA 94804
5132360156
CHEN XUANDA 406 S 49TH ST 608 S 49TH ST 23/02 106.48 45.00 151.48 RICHMOND CA 94804
5132380105
FULLER BRENDA J EST OF 2125 OAK GROVE RD STE 210 515 S 50TH ST 23/02 442.55 45.00 487.55 WALNUT CREEK CA 94598

Exhibit 3 - Garbage Preliminary Lien List
195

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5133950088
DEVKOTA KRISHNA 1451 GREENFIELD CIR 4922 STATE AVE 23/02 155.42 45.00 200.42 PINOLE CA 94564
5133960442
GONZALEZ BRICIO RODRIGUEZ 5001 POTRERO AVE 5001 POTRERO AVE 23/02 107.46 45.00 152.46 RICHMOND CA 94804
5133980176
PRESTON LOUIS W & JAMERSINA E 749 S 47TH ST 749 S 47TH ST 23/02 388.02 45.00 433.02 RICHMOND CA 94804
5134020170
STEPHENS LARRY D 4133 BELL AVE 4133 BELL AVE 23/02 341.71 45.00 386.71 RICHMOND CA 94804
5140700120
PERATA LLOYD D TRE 402 MILL RD 2017 MACDONALD AVE 23/02 4,866.58 45.00 4,911.58 MARTINEZ CA 94553
5140900068
SIMMONS HAROLD J & CASSANDRA L 321 23RD ST 319 23RD ST 23/02 616.67 45.00 661.67 RICHMOND CA 94804
5142200186
ALHUZAIBI NOMAN 800 CARLSON BLVD 516 22ND ST 23/02 1,022.58 45.00 1,067.58 RICHMOND CA 94804
5153200034
VANEK DAVID M & PATRICIA A 1027 BELL LN 132 23RD ST 23/02 662.74 45.00 707.74 NAPA CA 94558
5154120132
LIPSKY ADAM 2737 EUCLID AVE 2737 EUCLID AVE 23/02 351.95 45.00 396.95 RICHMOND CA 94804
5161710032
ANGUIANO JUANITA 2928 NEVIN AVE 2928 NEVIN AVE 23/02 404.56 45.00 449.56 RICHMOND CA 94804
5170600026
NEALS TODD A EST OF 1005 AILEEN ST 551 43RD ST 23/02 351.46 45.00 396.46 EMERYVILLE CA 94608

Exhibit 3 - Garbage Preliminary Lien List
196

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5183600047
HERNANDEZ JUAN CARLOS TRE 637 43RD ST 637 43RD ST 23/02 365.68 45.00 410.68 RICHMOND CA 94805
5192100120
HADARI NIR & TAMMAR TRE 2633 CARQUINEZ AVE 5009 BARRETT AVE 23/02 1,363.45 45.00 1,408.45 EL CERRITO CA 94530
5192200219
BRUNN JOAN TRACY 560 KEY BLVD 560 KEY BLVD 23/02 415.87 45.00 460.87 RICHMOND CA 94805
5201000386
YOUNG CLARA JEAN TRE EST OF 704 COURTLAND AVE 704 COURTLAND AVE 23/02 365.48 45.00 410.48 RICHMOND CA 94805
5230540063
LOPEZ LUDMYRNA 730 VENTURA ST 730 VENTURA ST 23/02 387.71 45.00 432.71 RICHMOND CA 94805
5230920232
MORENO ALFONSO 960 AMADOR ST 960 AMADOR ST 23/02 210.20 45.00 255.20 RICHMOND CA 94805
5241900090
RODRIGUEZ ROSA 1961 36TH ST 837 38TH ST 23/02 122.35 45.00 167.35 RICHMOND CA 94805
5243000063
CONWAY RODNEY E 751 32ND ST 751 32ND ST 23/02 341.71 45.00 386.71 RICHMOND CA 94804
5263220211
FARINAS WAYNE R 2815 MORAN AVE 2815 MORAN AVE 23/02 341.71 45.00 386.71 RICHMOND CA 94804
5281200138
AUSTIN SHELBY R 2887 LINCOLN AVE 2887 LINCOLN AVE 23/02 473.76 45.00 518.76 RICHMOND CA 94804
5281410190
PORTER BRANDI-INEZ 2639 WENDELL AVE 2639 WENDELL AVE 23/02 402.65 45.00 447.65 RICHMOND CA 94804

Exhibit 3 - Garbage Preliminary Lien List
197

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5281700046
SAPP CHAKISSIA B TRE 2455 HANSON DR 2334 ESMOND AVE 23/02 341.71 45.00 386.71 FAIRFIELD CA 94533
5300900205
RAMIREZ GUILLERMO 1705 RHEEM AVE 1705 RHEEM AVE 23/02 475.71 45.00 520.71 RICHMOND CA 94801
5340120152
ALEJANDRE JORGE 935 8TH ST 935 8TH ST 23/02 371.10 45.00 416.10 RICHMOND CA 94801
5340220093
SOLORZANO DARLING S 830 6TH ST 830 6TH ST 23/02 386.58 45.00 431.58 RICHMOND CA 94801
5340310175
MUTUKU ELIJAH 829 9TH ST 829 9TH ST 23/02 525.48 45.00 570.48 RICHMOND CA 94801
5340820140
REVERSE MORTGAGE FUNDING LLC 101 W LOUIS HENNA BLVD STE 450 728 5TH ST 23/02 241.26 45.00 286.26 AUSTIN TX 78728
5342920039
SIMMONS GEORGIA MARIE 518 4TH ST 518 4TH ST 23/02 170.34 45.00 215.34 RICHMOND CA 94801
5342920112
VALLE GENOVABA 560 4TH ST 560 4TH ST 23/02 328.02 45.00 373.02 RICHMOND CA 94801
5380300078
MEN & WOMEN OF GOD MINISTRIES 436 B ST 436 B ST 23/02 375.05 45.00 420.05 RICHMOND CA 94801
5380700277
BROWN MARY T TRE 241 STARLING WAY 456 4TH ST 23/02 386.11 45.00 431.11 HERCULES CA 94547
5381810232
CRUZ JOSE ANTONIO 230 2ND ST 111 BISSELL AVE 23/02 371.10 45.00 416.10 RICHMOND CA 94801

Exhibit 3 - Garbage Preliminary Lien List
198

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5383500070
RAMIREZ HIPOLITO B 36 1ST ST 36 1ST ST 23/02 364.86 45.00 409.86 RICHMOND CA 94801
5401700124
ORTEZ JORGE A TRE 439 F ST 223 18TH ST 23/02 448.69 45.00 493.69 COLMA CA 94014
5402400286
RICH KID ENTERTAINMENT INC 100 ADMIRAL CALLAGHAN LN UNIT 144 15TH ST 23/02 683.42 45.00 728.42 VALLEJO CA 94591
5402700305
SINGH RAJESHWAR 5679 SUNSET CREEK CT 164 12TH ST 23/02 351.50 45.00 396.50 PLEASANTON CA 94566
5403700221
ANSON ELVIS W 30 17TH ST 30 17TH ST 23/02 372.97 45.00 417.97 RICHMOND CA 94801
5404801218
SAUCER PAMELA 449 METRO WALK WAY 449 METRO WALK WAY 23/02 439.26 45.00 484.26 RICHMOND CA 94801
5441420105
WELLS FARGO BANK NA TRE PO BOX 35605 351 S 16TH ST 23/02 491.91 45.00 536.91 DALLAS TX 75235
5442120118
BROWN MARY T TRE 241 STARLING WAY 437 S 19TH ST 23/02 1,363.45 45.00 1,408.45 HERCULES CA 94547
5490200283
MOORE SONITA M 2401 MAINE AVE 2401 MAINE AVE 23/02 382.91 45.00 427.91 RICHMOND CA 94804
5492040356
FILARSKI CARLA ANN TRE 4464 SANTA RITA RD 605 S 32ND ST 23/02 412.04 45.00 457.04 RICHMOND CA 94803
5501510019
HOLMON ERICKA J 201 S 4TH ST 201 S 4TH ST 23/02 341.71 45.00 386.71 RICHMOND CA 94804

Exhibit 3 - Garbage Preliminary Lien List
199

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5502320145
BARAJAS LUIS A 813 MAINE AVE 813 MAINE AVE 23/02 397.31 45.00 442.31 RICHMOND CA 94804
5605601326
TANG NING 41 SOUTHWIND CIR 41 SOUTHWIND CIR 23/02 341.71 45.00 386.71 RICHMOND CA 94804
5608001045
REHMAN IRFAN 2202 MARITIME WAY 2202 MARITIME WAY 23/02 168.56 45.00 213.56 RICHMOND CA 94804
5612210087
MORALES GONZALO RIGOBERTO 900 RANDY LN 608 SANFORD AVE 23/02 17.53 45.00 62.53 SAN PABLO CA 94806

4053410249
SAECHAO NAI T 3610 SUNRISE CT 3610 SUNRISE CT 23/03 392.00 45.00 437.00 RICHMOND CA 94806
4053810885
UPPAL DALJIT 3250 HIGHPOINTE CT 3250 HIGHPOINTE CT 23/03 373.88 45.00 418.88 RICHMOND CA 94806
4055400347
LAZO OCTAVIUS & JANTHER 3903 SELMI GRV 3903 SELMI GRV 23/03 393.56 45.00 438.56 RICHMOND CA 94806
4055500138
SPEARS MELANIE V 3966 SELMI GRV 3966 SELMI GRV 23/03 377.03 45.00 422.03 RICHMOND CA 94806
4055800157
SOLIS MARVIN S & MERCEDES V 330 HAWK RIDGE DR 330 HAWK RIDGE DR 23/03 306.58 45.00 351.58 RICHMOND CA 94806
4056100128
VU LONG CUU 3352 PARK RIDGE DR 3352 PARK RIDGE DR 23/03 346.14 45.00 391.14 RICHMOND CA 94806
4056200118
WU JUNQIAO 3620 SKY PARK PL 3620 SKY PARK PL 23/03 376.99 45.00 421.99 RICHMOND CA 94806

Exhibit 3 - Garbage Preliminary Lien List
200

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 4056700257
SELF DIRECTED IRA SERVICES INC 5744 EVERWOOD CT 5744 EVERWOOD CT 23/03 423.71 45.00 468.71 RICHMOND CA 94806
4056901343
HUANG YICHEN 913 FILLMORE ST APT A 1330 SUMMER LN 23/03 377.03 45.00 422.03 ALBANY CA 94706
4080110036
MCSHARRY BRIAN TRE 286 THRIFT ST 4508 MC GLOTHEN WAY 23/03 159.57 45.00 204.57 SAN FRANCISCO CA 94112
4080110119
VU MINH 286 THRIFT ST 713 BANKS DR 23/03 427.54 45.00 472.54 SAN FRANCISCO CA 94112
4080110234
GALLOWAY DORIS 713 WILLIAMS DR 501 BANKS DR 23/03 377.03 45.00 422.03 SAN PABLO CA 94806
4080320114
SANCHEZ ANTONIO & SILVIA 705 BRADFORD DR 705 BRADFORD DR 23/03 359.68 45.00 404.68 RICHMOND CA 94806
4080320387
HARLEY ELLA G 604 PAYNE DR 604 PAYNE DR 23/03 362.16 45.00 407.16 RICHMOND CA 94806
4080420195
PEREZ OTONIEL JOSE 4004 LEKE WAY 4004 LEKE WAY 23/03 76.44 45.00 121.44 RICHMOND CA 94806
4080430012
BROWN JOYCE MARIE 3912 JENKINS WAY 3912 JENKINS WAY 23/03 362.46 45.00 407.46 RICHMOND CA 94806
4080430210
EVANS JASPER JR TRE EST OF 7311 CONRAD DR 704 JOHNSON DR 23/03 305.35 45.00 350.35 SACRAMENTO CA 95828
4080540208
DELAMORA IRANIA 700 HARRISON DR 700 HARRISON DR 23/03 154.95 45.00 199.95 RICHMOND CA 94806

Exhibit 3 - Garbage Preliminary Lien List
201

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 4140220122
MITCHELL MATTIE L 3033 SHANE DR 3033 SHANE DR 23/03 377.03 45.00 422.03 RICHMOND CA 94806
4140340102
SMITH JANICE F 3068 SHANE DR 3068 SHANE DR 23/03 711.94 45.00 756.94 RICHMOND CA 94806
4140410178
COLEMAN DONALD F 3119 ERLA WAY 3119 ERLA WAY 23/03 307.63 45.00 352.63 RICHMOND CA 94806
4140510126
COOKS LARRY & HILDA A 2971 MC KENZIE DR 2971 MC KENZIE DR 23/03 313.44 45.00 358.44 RICHMOND CA 94806
4140620347
PHONGBOUPHA MANH 3113 FAIRMEDE DR 3113 FAIRMEDE DR 23/03 377.04 45.00 422.04 RICHMOND CA 94806
4140730013
TRAMELL RUTH 3056 JO ANN DR 3056 JO ANN DR 23/03 379.20 45.00 424.20 RICHMOND CA 94806
4141040081
SMITH ETTA 2806 MOYERS RD 2806 MOYERS RD 23/03 377.04 45.00 422.04 RICHMOND CA 94806
4141100190
ADAMS JOHN 2760 JO ANN DR 2760 JO ANN DR 23/03 711.95 45.00 756.95 RICHMOND CA 94806
4141100257
PALACIOS CIRILA 2784 JO ANN DR 2784 JO ANN DR 23/03 377.03 45.00 422.03 RICHMOND CA 94806
4141420093
WALKER MARY E 2836 GONZAGA AVE 2836 GONZAGA AVE 23/03 760.87 45.00 805.87 RICHMOND CA 94806
4141450140
GOMEZ ELADIO 2510 DUKE AVE 2510 DUKE AVE 23/03 355.09 45.00 400.09 RICHMOND CA 94806

Exhibit 3 - Garbage Preliminary Lien List
202

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 4141910085
MANUEL CAROL EST OF 2857 SUNSHINE CIR 2724 WISWALL DR 23/03 343.34 45.00 388.34 FAIRFIELD CA 94533
4141920019
AUSTIN JANICE R 2701 WISWALL DR 2701 WISWALL DR 23/03 377.03 45.00 422.03 RICHMOND CA 94806
4141930075
GUTIERREZ GERARDO 2672 WILART DR 2672 WILART DR 23/03 116.04 45.00 161.04 RICHMOND CA 94806
4141940058
TERRY WANITA L 2661 WILART DR 2661 WILART DR 23/03 376.94 45.00 421.94 RICHMOND CA 94806
4142210113
RICHARDSON DOROTHY M 3015 WISWALL DR 3015 WISWALL DR 23/03 377.02 45.00 422.02 RICHMOND CA 94806
4142410101
SMITH JOYCE PIERCE 2974 OXFORD AVE 2974 OXFORD AVE 23/03 132.59 45.00 177.59 RICHMOND CA 94806
4142620048
CLINTON MARIE 2918 CANTERBURY DR 2918 CANTERBURY DR 23/03 377.03 45.00 422.03 RICHMOND CA 94806
4142810144
MANALISAY MIYOKO H 3041 BIRMINGHAM DR 3041 BIRMINGHAM DR 23/03 376.92 45.00 421.92 RICHMOND CA 94806
4143200097
CALDERA LUCIANO D & CELIA V 4033 MOZART DR 4033 MOZART DR 23/03 379.36 45.00 424.36 RICHMOND CA 94803
4202010122
CARTER MARIANELA M 23 QUAIL HILL LN 23 QUAIL HILL LN 23/03 203.04 45.00 248.04 RICHMOND CA 94803
4252610060
ASHFORD-MALONE ANN J TRE 3126 FIESTA CT 3126 FIESTA CT 23/03 373.88 45.00 418.88 RICHMOND CA 94803

Exhibit 3 - Garbage Preliminary Lien List
203

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 4262920178
RAYMOND KERI MICHELLE 816 PARK CENTRAL 816 PARK CENTRAL 23/03 366.80 45.00 411.80 RICHMOND CA 94803
4263410013
GOINS VERNON C 1104 PARKRIDGE DR 1104 PARKRIDGE DR 23/03 178.99 45.00 223.99 RICHMOND CA 94803
4263610216
ADKINSON MARILYN TRE 1181 FAIRWAY DR 1181 FAIRWAY DR 23/03 376.99 45.00 421.99 RICHMOND CA 94803
4263620066
AZURDIA JUAN CARLOS 1216 FAIRWAY DR 1216 FAIRWAY DR 23/03 673.99 45.00 718.99 RICHMOND CA 94803
4311510095
FILARSKI KEVIN L & CARLA A 4464 SANTA RITA RD 4464 SANTA RITA RD 23/03 362.46 45.00 407.46 RICHMOND CA 94803
4311620050
TOSTADO JORGE L 650 W 42ND ST APT 826 4522 GREGORY WAY 23/03 426.66 45.00 471.66 NEW YORK NY 10036
4312810122
HAMILTON MARK GORDON 3450 STEWARTON DR 3450 STEWARTON DR 23/03 376.99 45.00 421.99 RICHMOND CA 94803
4312820261
SHELDON VIRGINIA A 4707 MEADOWBROOK DR 3401 MAY RD 23/03 377.03 45.00 422.03 RICHMOND CA 94803
4312900204
HOLMES ALLEN & ANTOINETTE TRE 4439 FIELDCREST DR 4439 FIELDCREST DR 23/03 307.91 45.00 352.91 RICHMOND CA 94803
4314110190
ALBERTO HERSHE A 4909 THUNDERHEAD CT 4909 THUNDERHEAD CT 23/03 369.35 45.00 414.35 RICHMOND CA 94803
4321220065
NUNEZ ALEJANDRO & MARIA 5237 BUCKBOARD WAY 5237 BUCKBOARD WAY 23/03 233.20 45.00 278.20 RICHMOND CA 94803

Exhibit 3 - Garbage Preliminary Lien List
204

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 4322100019
SITU RAYMOND YI NUAN 5312 BROOKWOOD CT 5312 BROOKWOOD CT 23/03 307.90 45.00 352.90 RICHMOND CA 94803
4322100217
MANTILLA ARISTIDES O 5316 WOODGATE CT 5316 WOODGATE CT 23/03 377.03 45.00 422.03 RICHMOND CA 94803
4322100332
TOLER BURL JR 5425 SADDLEBACK CT 5425 SADDLEBACK CT 23/03 414.86 45.00 459.86 EL SOBRANTE CA 94803
4333520064
PRATT JONATHAN TRE 5238 HEAVENLY RIDGE LN 5238 HEAVENLY RIDGE LN 23/03 711.88 45.00 756.88 RICHMOND CA 94803
4334800226
SGT INVESTMENTS LLC 14429 CATALINA ST 817 MAISON WAY 23/03 377.03 45.00 422.03 SAN LEANDRO CA 94577
4334930015
JACKSON LEO M JR 5905 AMEND RD 5905 AMEND RD 23/03 377.02 45.00 422.02 RICHMOND CA 94803
4352000071
TITLE HOLDING SERVICES TRE PO BOX 5308 1 LOS ARBOLES 23/03 591.36 45.00 636.36 BLUE JAY CA 92317
5012020193
MOBLEY JOE C & CAROL A 2415 SAN PABLO DAM RD STE 106 2238 KEY BLVD 23/03 1,923.29 45.00 1,968.29 SAN PABLO CA 94806
5070700025
PATEL NARANJIBHAI R TRE 58 BLAKE ST 10621 SAN PABLO AVE 23/03 6,379.13 45.00 6,424.13 SAN FRANCISCO CA 94118
5080200024
GIESE ELLESHA ANN PO BOX 1682 5228 BAYVIEW AVE 23/03 377.03 45.00 422.03 EL CERRITO CA 94530
5080300022
BRADLEY PAULINE 5312 GATELY AVE 5312 GATELY AVE 23/03 713.57 45.00 758.57 RICHMOND CA 94804

Exhibit 3 - Garbage Preliminary Lien List
205

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5080610016
GARLAND JOEL V 1347 CARLSON BLVD 1347 CARLSON BLVD 23/03 747.77 45.00 792.77 RICHMOND CA 94804
5081310087
CHAMBERS ANN 1455 MERCED ST 1455 MERCED ST 23/03 373.88 45.00 418.88 RICHMOND CA 94804
5081310145
AVALOS SALVADOR 1450 MARIPOSA ST 1450 MARIPOSA ST 23/03 376.16 45.00 421.16 RICHMOND CA 94804
5081500091
KELLEY TERRY 1459 SAN JOAQUIN ST 1459 SAN JOAQUIN ST 23/03 377.03 45.00 422.03 RICHMOND CA 94804
5081800061
PAYSINGER SHERRI PO BOX 2863 1519 OSCAR ST 23/03 374.92 45.00 419.92 RICHMOND CA 94802
5082000232
ZHANG YANTING 270 EL NIDO RD 1622 MONTEREY ST 23/03 799.48 45.00 844.48 PORTOLA VALLEY CA 94028
5082410019
RAMIREZ ARNULFO MIGUEL 611 23RD ST 1338 S 56TH ST 23/03 271.20 45.00 316.20 RICHMOND CA 94804
5082910026
BAKER PAUL 10787 SAN PABLO AVE 10787 SAN PABLO AVE 23/03 397.06 45.00 442.06 EL CERRITO CA 94530
5083310135
MEJIA GODOALFREDO 6007 ORCHARD AVE 6007 ORCHARD AVE 23/03 346.14 45.00 391.14 RICHMOND CA 94804
5092920130
LAND VIEW LLC 216 DANTLEY WAY 5133 CYPRESS AVE 23/03 373.88 45.00 418.88 WALNUT CREEK CA 94598
5093300126
PIMENTEL SERGIO 983 S 47TH ST 983 S 47TH ST 23/03 377.03 45.00 422.03 RICHMOND CA 94804

Exhibit 3 - Garbage Preliminary Lien List
206

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5094000063
HERNANDEZ YENY G 819 S 41ST ST 819 S 41ST ST 23/03 361.91 45.00 406.91 RICHMOND CA 94804
5100440295
SANCE-GARY KARLA 2906 SAN LUIS ST 2906 SAN LUIS ST 23/03 712.20 45.00 757.20 RICHMOND CA 94804
5100910149
SANDERSON TEREE C 2415 COLUMBIA BLVD 2415 COLUMBIA BLVD 23/03 1,442.24 45.00 1,487.24 RICHMOND CA 94804
5100940245
HILTON VIEW LLC 97 MOZDEN LN 5229 FRESNO AVE 23/03 342.38 45.00 387.38 PLEASANT HILL CA 94523
5101040052
OLIVER MONICA M 5500 COLUMBIA AVE 5500 COLUMBIA AVE 23/03 377.03 45.00 422.03 RICHMOND CA 94804
5130100042
ADEL PARK LLC 1432 EDINGER AVE STE 120 350 CARLSON BLVD 23/03 2,234.52 45.00 2,279.52 TUSTIN CA 92780
5130260044
GOCHEZ ERIKA L 2728 FLORIDA AVE 2728 FLORIDA AVE 23/03 383.26 45.00 428.26 RICHMOND CA 94804
5130310013
WILLARD WILLIE MAE 2903 OHIO AVE 2903 OHIO AVE 23/03 366.37 45.00 411.37 RICHMOND CA 94804
5130310062
WILLIAMS LILLIAN 3005 OHIO AVE 3005 OHIO AVE 23/03 377.03 45.00 422.03 RICHMOND CA 94804
5130440026
EDWARDS CATHERINE 130 E 17TH ST 120 S 35TH ST 23/03 377.04 45.00 422.04 PITTSBURG CA 94565
5130610172
ROYTMAN LAURA 2934 HILLTOP MALL RD 126 217 S 39TH ST 23/03 1,369.54 45.00 1,414.54 SAN PABLO CA 94806

Exhibit 3 - Garbage Preliminary Lien List
207

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5130720021
FOSTER ALLIE 3911 OHIO AVE 3911 OHIO AVE 23/03 376.72 45.00 421.72 RICHMOND CA 94804
5130730145
HOULDIN RYAN 129 S 41ST ST 129 S 41ST ST 23/03 373.88 45.00 418.88 RICHMOND CA 94804
5130820193
RODRIGUEZ VICTOR M 118 S 42ND ST 118 S 42ND ST 23/03 379.18 45.00 424.18 RICHMOND CA 94804
5130820201
STEVENSON ELLA MAE 110 S 42ND ST 110 S 42ND ST 23/03 361.68 45.00 406.68 RICHMOND CA 94804
5130840282
ROBINSON WARREN E 257 S 42ND ST 257 S 42ND ST 23/03 377.03 45.00 422.03 RICHMOND CA 94804
5131110024
MACHADO ROMEO M 4223 WALL AVE 4223 WALL AVE 23/03 379.13 45.00 424.13 RICHMOND CA 94804
5131310459
SMITH DONNA 4404 OVEREND AVE 4404 OVEREND AVE 23/03 358.34 45.00 403.34 RICHMOND CA 94804
5131330333
AMBRIZ ARACELI 332 S 41ST ST 332 S 41ST ST 23/03 384.76 45.00 429.76 RICHMOND CA 94804
5131410416
CARTER MELVIN 386 S 38TH ST 386 S 38TH ST 23/03 1,423.90 45.00 1,468.90 RICHMOND CA 94804
5131510298
SULLIVAN BENJAMIN J & AQUATOR 403 S 38TH ST 403 S 38TH ST 23/03 373.88 45.00 418.88 RICHMOND CA 94804
5131520339
NIELSEN NICOLAI JIANGXI NANCHANG 2201 BIN JIANG HAO YUAN 381 S 37TH ST 23/03 377.04 45.00 422.04 BOSTON MA 02201

Exhibit 3 - Garbage Preliminary Lien List
208

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5131530155
ADAMS SANDRA JOYCE ROYSTON 1552 MARIPOSA ST 338 S 35TH ST 23/03 362.46 45.00 407.46 RICHMOND CA 94804
5132240242
BROWN HENRY JR & RUTH 4805 BERK AVE 4805 BERK AVE 23/03 164.34 45.00 209.34 RICHMOND CA 94804
5132930222
MAYFIELD REGINALD L EST OF 4517 FALL AVE 4517 FALL AVE 23/03 711.95 45.00 756.95 RICHMOND CA 94804
5132950196
GOMEZ ALBERTO C 4817 FALL AVE 4817 FALL AVE 23/03 61.21 45.00 106.21 RICHMOND CA 94804
5132950246
THOMPSON NONA B 4729 FALL AVE 4729 FALL AVE 23/03 376.79 45.00 421.79 RICHMOND CA 94804
5133220300
TAYLOR BETTY L 268 S 46TH ST 268 S 46TH ST 23/03 304.61 45.00 349.61 RICHMOND CA 94804
5133840149
LEGRANDE LUAJUANA 4433 TAFT AVE 4433 TAFT AVE 23/03 457.96 45.00 502.96 RICHMOND CA 94804
5133840214
WASHINGTON SEBASTIANA TRE 4422 WALL AVE 4422 WALL AVE 23/03 308.69 45.00 353.69 RICHMOND CA 94804
5133850254
JONES WENDELL 4500 TAFT AVE 4500 TAFT AVE 23/03 376.72 45.00 421.72 RICHMOND CA 94804
5133990100
BROWN MARY T TRE 241 STARLING WAY 769 S 49TH ST 23/03 374.93 45.00 419.93 HERCULES CA 94547
5134020238
JONES ORA B 4116 BERK AVE 4116 BERK AVE 23/03 365.94 45.00 410.94 RICHMOND CA 94804

Exhibit 3 - Garbage Preliminary Lien List
209

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5134030559
JOHNSON MODISTINE 4517 BELL CT 4517 BELL CT 23/03 377.04 45.00 422.04 RICHMOND CA 94804
5141000181
FINDLEY JAMES ERIC 448 22ND ST 448 22ND ST 23/03 305.35 45.00 350.35 RICHMOND CA 94801
5141800119
VAZQUEZ CRISTINA 527 19TH ST 527 19TH ST 23/03 367.52 45.00 412.52 RICHMOND CA 94801
5142000057
SOLIS WILLIAM F SURIANO 2030 ROOSEVELT AVE 2030 ROOSEVELT AVE 23/03 446.98 45.00 491.98 RICHMOND CA 94801
5142300283
GUERRA LETICIA M TRE 2209 ROOSEVELT AVE 2209 ROOSEVELT AVE 23/03 418.79 45.00 463.79 RICHMOND CA 94801
5142800191
FIGUEROA ALEJANDRO 1827 ROOSEVELT AVE 1827 ROOSEVELT AVE 23/03 346.14 45.00 391.14 RICHMOND CA 94801
5143000346
RODRIGUEZ ROBERTO A 634 16TH ST 634 16TH ST 23/03 346.14 45.00 391.14 RICHMOND CA 94801
5143100252
VERA JESUS 616 15TH ST 616 15TH ST 23/03 780.79 45.00 825.79 RICHMOND CA 94801
5151100160
WILLIAMS KATE W 556 28TH ST 556 28TH ST 23/03 376.61 45.00 421.61 RICHMOND CA 94804
5151500203
MCCLENNON GEORGIA 2512 ROOSEVELT AVE 2512 ROOSEVELT AVE 23/03 388.27 45.00 433.27 RICHMOND CA 94804
5153320113
RUBIO CARLOS E & ANGELA Y 55 MURDOCK ST 55 MURDOCK ST 23/03 375.40 45.00 420.40 RICHMOND CA 94804

Exhibit 3 - Garbage Preliminary Lien List
210

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5153600126
POSADA RAUL D & MARIA E 135 GROVE ST 135 GROVE ST 23/03 797.56 45.00 842.56 RICHMOND CA 94804
5153600134
HARRELL ROBERT A JR 127 GROVE ST 127 GROVE ST 23/03 346.14 45.00 391.14 RICHMOND CA 94804
5153800148
BERMUDEZ IGNACIO 2624 CHANSLOR AVE 2624 CHANSLOR AVE 23/03 377.03 45.00 422.03 RICHMOND CA 94804
5160700042
DURDEN GRACIADELEDA M 3530 ROOSEVELT AVE 3530 ROOSEVELT AVE 23/03 376.72 45.00 421.72 RICHMOND CA 94805
5162100076
GENSER INVESTMENTS LLC 5222 BARRETT AVE 3524 MACDONALD AVE 23/03 850.40 45.00 895.40 RICHMOND CA 94805
5170400195
SELF DONALD L 574 40TH ST 578 40TH ST 23/03 756.50 45.00 801.50 RICHMOND CA 94805
5171800039
AGUAYO MARIA D 449 39TH ST 449 39TH ST 23/03 711.92 45.00 756.92 RICHMOND CA 94805
5172600131
ALBOM ADVENTURES LLC PO BOX 4471 4808 NEVIN AVE 23/03 754.06 45.00 799.06 VALLEJO CA 94590
5172720038
LI YAOBIN 20060 SANTA MARIA AVE 4800 BISSELL AVE 23/03 81.84 45.00 126.84 CASTRO VALLEY CA 94546
5181500090
ADAIR ERIK 3521 CERRITO AVE 3521 CERRITO AVE 23/03 56.95 45.00 101.95 RICHMOND CA 94805
5181800052
AGREDANO PEDRO A 685 34TH ST 685 34TH ST 23/03 377.03 45.00 422.03 RICHMOND CA 94805

Exhibit 3 - Garbage Preliminary Lien List
211

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5182000165
WENGROFSKY KATY F 660 31ST ST 660 31ST ST 23/03 346.14 45.00 391.14 RICHMOND CA 94804
5182500305
HUNTER PEARL L 611 32ND ST 611 32ND ST 23/03 307.91 45.00 352.91 RICHMOND CA 94804
5182600246
TROIKE KENNETH D & EVA M TRE 630 32ND ST 630 32ND ST 23/03 377.03 45.00 422.03 RICHMOND CA 94804
5182700129
NURSE STEVE & AYOKA 615 34TH ST 615 34TH ST 23/03 422.89 45.00 467.89 RICHMOND CA 94805
5183200095
PEREZ ALVIN 532 STANFORD AVE 625 39TH ST 23/03 346.14 45.00 391.14 REDWOOD CITY CA 94063
5183600112
HEITZ DENNIS 609 43RD ST 609 43RD ST 23/03 377.03 45.00 422.03 RICHMOND CA 94805
5193100178
MEI XUE XIAO 5123 PRATHER AVE 5123 PRATHER AVE 23/03 288.28 45.00 333.28 RICHMOND CA 94805
5201720090
BELL BRANDON 603 SONOMA ST 603 SONOMA ST 23/03 376.81 45.00 421.81 RICHMOND CA 94805
5230530254
RICHARDS DOROTHY D EST OF 734 LASSEN ST 734 LASSEN ST 23/03 389.65 45.00 434.65 RICHMOND CA 94805
5230820101
MOLL JOHANN A & VERONICA 843 KERN ST 843 KERN ST 23/03 378.72 45.00 423.72 RICHMOND CA 94805
5230840133
MOCK MATTHEW R 844 YUBA ST 844 YUBA ST 23/03 346.14 45.00 391.14 RICHMOND CA 94805

Exhibit 3 - Garbage Preliminary Lien List
212

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5242900230
MENA JUANA CRISTINA 780 32ND ST 780 32ND ST 23/03 346.14 45.00 391.14 RICHMOND CA 94804
5260900013
NASSIMI ABDUL SAMIR 3400 RHEEM AVE 3400 RHEEM AVE 23/03 391.60 45.00 436.60 RICHMOND CA 94804
5261000086
LOPEZ KARINA M ULLOA 3256 ANDRADE AVE 3256 ANDRADE AVE 23/03 392.05 45.00 437.05 RICHMOND CA 94804
5270320012
NAVARRO JOSE LUIS 1500 HAYES ST 1500 HAYES ST 23/03 702.89 45.00 747.89 SAN PABLO CA 94806
5270710055
ROSE KEITH F 1533 27TH ST 1533 27TH ST 23/03 377.03 45.00 422.03 RICHMOND CA 94806
5271500109
GLASSON MEGAN LEE 633 CIVIC CENTER ST 2718 MARICOPA AVE 23/03 376.92 45.00 421.92 RICHMOND CA 94804
5281320183
CHARLES DANIELLE ROSE MAY 901 29TH ST 901 29TH ST 23/03 307.86 45.00 352.86 RICHMOND CA 94804
5281420041
TYNER WALLACE & ROSA M 4814 COUNTY RD #7755 2625 ESMOND AVE 23/03 388.24 45.00 433.24 TROY AL 36081
5282300309
BLANCO ADRIANA C 2440 GAYNOR AVE 2440 GAYNOR AVE 23/03 106.52 45.00 151.52 RICHMOND CA 94804
5282500049
BEACHAM MARIAN 500 LUCAS AVE 2322 GARVIN AVE 23/03 354.73 45.00 399.73 RICHMOND CA 94801
5282500221
MORENO ALFREDO Z & ESTELA 148 MEADOW LARK WAY 2317 DOWNER ST 23/03 377.44 45.00 422.44 HERCULES CA 94547

Exhibit 3 - Garbage Preliminary Lien List
213

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5282700045
SILVEIRA IRENE O TRE 2628 GARVIN AVE 2628 GARVIN AVE 23/03 362.46 45.00 407.46 RICHMOND CA 94804
5283300100
LOUIS BARBARA S 2558 DOWNER AVE 2558 DOWNER AVE 23/03 272.10 45.00 317.10 RICHMOND CA 94804
5283400074
ESPINOZA EDUARDO & SAIDA A 2530 CLINTON AVE 2530 CLINTON AVE 23/03 34.43 45.00 79.43 RICHMOND CA 94804
5283600178
TAYLOR DWIGHT T 6447 ARLINGTON BLVD 2323 CLINTON AVE 23/03 1,711.92 45.00 1,756.92 RICHMOND CA 94805
5290200038
ISA ABDO TRE 928 13TH ST 928 13TH ST 23/03 4,256.12 45.00 4,301.12 RICHMOND CA 94801
5290500148
ZARATE EFRAIN & CATHALINE 2607 SONOMA WAY 1921 ESMOND AVE 23/03 403.40 45.00 448.40 PINOLE CA 94564
5291700077
ALVAREZ JORGE A SANCHEZ 2108 GAYNOR AVE 2108 GAYNOR AVE 23/03 255.18 45.00 300.18 RICHMOND CA 94801
5292520086
BOLANOS PATRICIA V 1625 PENNSYLVANIA AVE 1625 PENNSYLVANIA AVE 23/03 377.44 45.00 422.44 RICHMOND CA 94801
5292720090
GALLEGOS MARIA P 717 20TH ST 717 20TH ST 23/03 346.14 45.00 391.14 RICHMOND CA 94801
5292820098
MURILLO JOSE PAZ & ANGELINA L 643 22ND ST 643 22ND ST 23/03 402.54 45.00 447.54 RICHMOND CA 94801
5292820122
BERMUDEZ ALFONSO R 2101 GRANT AVE 2101 GRANT AVE 23/03 376.69 45.00 421.69 RICHMOND CA 94801

Exhibit 3 - Garbage Preliminary Lien List
214

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5300700183
ADAMS L Z 1405 RHEEM AVE 1405 RHEEM AVE 23/03 373.88 45.00 418.88 RICHMOND CA 94801
5300900072
HERRERA HERNAN FELIPE 1750 COSTA AVE 1750 COSTA AVE 23/03 33.10 45.00 78.10 RICHMOND CA 94806
5301000054
BROWN MARIE B 1834 COSTA AVE 1834 COSTA AVE 23/03 711.92 45.00 756.92 RICHMOND CA 94806
5301200027
VILLAVICENCIO JOSE LUIS H 2012 RHEEM AVE 2012 RHEEM AVE 23/03 377.22 45.00 422.22 RICHMOND CA 94801
5301200092
YANG CUITING 1541 IRVING ST 2126 RHEEM AVE 23/03 377.10 45.00 422.10 SAN FRANCISCO CA 94122
5301300058
BARRERA RAMIRO PINEDA 1836 RHEEM AVE 1836 RHEEM AVE 23/03 338.87 45.00 383.87 RICHMOND CA 94801
5301900105
MCLEOD JACQUELYN H 1049 18TH ST 1049 18TH ST 23/03 377.04 45.00 422.04 RICHMOND CA 94801
5302100309
MARTINEZ JOSE & CONCEPCION 2027 HELLINGS AVE 2027 HELLINGS AVE 23/03 395.14 45.00 440.14 RICHMOND CA 94801
5302200109
PABLO LEOBEL PABLO 2124 HELLINGS AVE 2124 HELLINGS AVE 23/03 709.51 45.00 754.51 RICHMOND CA 94801
5340110104
MERRITT PAUL EST OF 915 7TH ST 915 7TH ST 23/03 377.03 45.00 422.03 RICHMOND CA 94801
5340120046
HUNTER DARROLL 632 3RD ST 938 7TH ST 23/03 707.11 45.00 752.11 RICHMOND CA 94801

Exhibit 3 - Garbage Preliminary Lien List
215

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5340210029
ACOSTA ENRIQUE & GLORIA 873 6TH ST 873 6TH ST 23/03 377.03 45.00 422.03 RICHMOND CA 94801
5340310126
OSUNA MICAELA 811 LUCAS AVE 811 LUCAS AVE 23/03 346.14 45.00 391.14 RICHMOND CA 94801
5340320208
PHILLIPS MARQUES M 835 10TH ST 835 10TH ST 23/03 282.68 45.00 327.68 RICHMOND CA 94801
5340810257
RODRIGUEZ GONZALO 743 7TH ST 743 7TH ST 23/03 747.77 45.00 792.77 RICHMOND CA 94801
5340820256
RODRIGUEZ MARIO QUINTERO 727 6TH ST 727 6TH ST 23/03 377.30 45.00 422.30 RICHMOND CA 94801
5341720174
GARCIA MILAGRO 621 12TH ST 621 12TH ST 23/03 255.62 45.00 300.62 RICHMOND CA 94801
5342010252
PAVLOVSKY ALEX 3220 BLUME DR STE 281 626 5TH ST 23/03 1,043.30 45.00 1,088.30 RICHMOND CA 94806
5342220075
FRANKLIN YVONNE D 635 2ND ST 635 2ND ST 23/03 1,027.15 45.00 1,072.15 RICHMOND CA 94801
5342710380
PAVLOVSKY NATALYA 123 FEY DR 219 BARRETT AVE 23/03 1,027.15 45.00 1,072.15 BURLINGAME CA 94010
5342800215
THOMPSON NINA M 563 4TH ST 563 4TH ST 23/03 346.14 45.00 391.14 RICHMOND CA 94801
5343120019
MENDOZA RAMON JIMENEZ 711 HAWTHORNE AVE 711 HAWTHORNE AVE 23/03 337.22 45.00 382.22 RICHMOND CA 94801

Exhibit 3 - Garbage Preliminary Lien List
216

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5343500038
QUINTERO ANDREA TRE 1114 ROOSEVELT AVE 1114 ROOSEVELT AVE 23/03 217.97 45.00 262.97 RICHMOND CA 94801
5380500404
MALAVE CATHY 426 2ND ST 426 2ND ST 23/03 376.99 45.00 421.99 RICHMOND CA 94801
5381620201
SANCHEZ ARMANDO 2756 25TH AVE 301 MACDONALD AVE 23/03 1,113.40 45.00 1,158.40 OAKLAND CA 94601
5381900165
PEREZ MARIA ISABEL 233 BISSELL AVE 233 BISSELL AVE 23/03 356.69 45.00 401.69 RICHMOND CA 94801
5382200193
HAWKINS LEON 226 5TH ST 226 5TH ST 23/03 377.03 45.00 422.03 RICHMOND CA 94801
5382900198
HERNANDEZ GILBERTO G TRE 122 6TH ST 611 CHANSLOR AVE 23/03 394.33 45.00 439.33 RICHMOND CA 94801
5383000253
VILLARUEL ELISEO 144 5TH ST 142 5TH ST 23/03 480.00 45.00 525.00 RICHMOND CA 94801
5383100095
WILLIAMS BESSIE 139 5TH ST 139 5TH ST 23/03 377.03 45.00 422.03 RICHMOND CA 94801
5383100152
MEJIA MARIA GUADALUPE 419 CHANSLOR AVE 419 CHANSLOR AVE 23/03 377.03 45.00 422.03 RICHMOND CA 94801
5383700142
CHALOULT ROBERT 4 3RD ST 4 3RD ST 23/03 1,056.43 45.00 1,101.43 RICHMOND CA 94801
5402500119
BOLDEN MELVIN W 139 15TH ST 139 15TH ST 23/03 727.63 45.00 772.63 RICHMOND CA 94801

Exhibit 3 - Garbage Preliminary Lien List
217

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5402600208
AL-SOKHARI ALI H 120 13TH ST 120 13TH ST 23/03 366.41 45.00 411.41 RICHMOND CA 94801
5402600307
VU HUNG QUOC 1445 ELM ST 159 MARINA WAY 23/03 2,054.32 45.00 2,099.32 EL CERRITO CA 94530
5403800237
MERCADO MAURILLO JR 2643 APPIAN WAY STE K 17 19TH ST 23/03 1,369.54 45.00 1,414.54 PINOLE CA 94564
5404800533
MAHONE JAMAL J 406 MARINA WAY 406 MARINA WAY 23/03 376.99 45.00 421.99 RICHMOND CA 94801
5440210069
CUMMINGS SYLVIA A 131 S 13TH ST 131 S 13TH ST 23/03 377.03 45.00 422.03 RICHMOND CA 94804
5440310083
BRADLEY LARRY 133 S 15TH ST 133 S 15TH ST 23/03 339.59 45.00 384.59 RICHMOND CA 94804
5440520020
SMITH LARRY D & HENRIETTA 154 S 20TH ST 154 S 20TH ST 23/03 412.45 45.00 457.45 RICHMOND CA 94804
5441610119
MILES EMMA J 510 LASSEN WAY 325 S 18TH ST 23/03 845.26 45.00 890.26 OAKLEY CA 94561
5441810073
PATZ THOMAS 335 S 22ND ST 335 S 22ND ST 23/03 711.52 45.00 756.52 RICHMOND CA 94804
5441910055
CHAVARRIA EFRAIN 430 S 21ST ST 430 S 21ST ST 23/03 361.91 45.00 406.91 RICHMOND CA 94804
5442220207
EVANS IVORY 20885 REDWOOD RD 453 S 17TH ST 23/03 1,369.54 45.00 1,414.54 CASTRO VALLEY CA 94546

Exhibit 3 - Garbage Preliminary Lien List
218

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5442710108
AMADOR IVY 1507 POTRERO AVE 1507 POTRERO AVE 23/03 711.95 45.00 756.95 RICHMOND CA 94804
5442810049
LAW DAMIAN TRE 522 S 17TH ST 522 S 17TH ST 23/03 377.84 45.00 422.84 RICHMOND CA 94804
5443120125
BRANTLEY RICKEY & AZDA 2211 HOFFMAN BLVD 2211 HOFFMAN BLVD 23/03 367.50 45.00 412.50 RICHMOND CA 94804
5443310114
MERCADO MAGDA 2643 APPIAN WAY STE K 634 S 15TH ST 23/03 1,400.92 45.00 1,445.92 PINOLE CA 94564
5443320337
NEUPANE UDAYA PRASAD 1831 HOFFMAN BLVD 628 S 17TH ST 23/03 350.06 45.00 395.06 RICHMOND CA 94804
5490310108
HILL LAURA W TRE 368 S 23RD ST 368 S 23RD ST 23/03 307.81 45.00 352.81 RICHMOND CA 94804
5490320172
DOUNVEOR VALDA J 337 S 25TH ST 337 S 25TH ST 23/03 376.72 45.00 421.72 RICHMOND CA 94804
5490410114
NEALS TODD A EST OF 1005 AILEEN ST 347 S 26TH ST 23/03 346.14 45.00 391.14 EMERYVILLE CA 94608
5491010194
PROCTOR TAAMIAH S 443 S 24TH ST 443 S 24TH ST 23/03 711.95 45.00 756.95 RICHMOND CA 94804
5492020101
VALADEZ MARIA G 2912 CHAVEZ LN 2912 CHAVEZ LN 23/03 377.24 45.00 422.24 RICHMOND CA 94804
5492020218
WILLIAMS AUDRA MICHELE 644 S 29TH ST 644 S 29TH ST 23/03 322.06 45.00 367.06 RICHMOND CA 94804

Exhibit 3 - Garbage Preliminary Lien List
219

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Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5500810055
ALLEN WILLIE LEE 118 MAINE AVE 118 MAINE AVE 23/03 362.46 45.00 407.46 RICHMOND CA 94804
5500900245
RICKERT NELLY TRE 87 VIA FLOREADO 135 CUTTING BLVD 23/03 2,152.98 45.00 2,197.98 ORINDA CA 94563
5501300031
MARTINEZ NELSON ZECENA 222 OHIO AVE 222 OHIO AVE 23/03 366.58 45.00 411.58 RICHMOND CA 94804
5501410228
TURNER KIENI TRE 117 S 4TH ST 117 S 4TH ST 23/03 377.03 45.00 422.03 RICHMOND CA 94804
5501420086
PAVLOVSKY ALEX 2643 APPIAN WAY STE K 144 S 4TH ST 23/03 407.71 45.00 452.71 PINOLE CA 94564
5501910037
CHOCKLIN CLARENCE 510 MAINE AVE 510 MAINE AVE 23/03 364.50 45.00 409.50 RICHMOND CA 94804
5502210247
ROBINSON SANDRA J 141 S 8TH ST 141 S 8TH ST 23/03 362.36 45.00 407.36 RICHMOND CA 94804
5502520223
NEAL ROBERT 433 S 9TH ST 433 S 9TH ST 23/03 377.47 45.00 422.47 RICHMOND CA 94804
5503100025
JUNG EDMUND LEE TRE PO BOX 20286 924 MAINE AVE 23/03 729.86 45.00 774.86 EL SOBRANTE CA 94820
5503320250
MARTIN TONNETTE 168 HARBOUR WAY S 168 HARBOUR WAY S 23/03 711.95 45.00 756.95 RICHMOND CA 94804
5503320276
CARRINGTON JOHNNY E 268 CANTADA WAY 150 HARBOUR WAY S 23/03 377.04 45.00 422.04 AMERICAN CANYON CA 94503

Exhibit 3 - Garbage Preliminary Lien List
220

Prog: BIDIV556 Page: 35 Date: 6/07/23 PRELIMINARY LIEN LISTS User: JW60420 Time: 11:02:12 HEARING DATES PRELIMINARY LIEN LIST NO CONSOLIDATION 06/2023

Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5580720158
CARTWRIGHT MICHAEL A TRE 23 CREST AVE 23 CREST AVE 23/03 250.51 45.00 295.51 RICHMOND CA 94801
5581100053
MARCHESIELLO GIANFRANCO TRE 1 W RICHMOND AVE 1 W RICHMOND AVE 23/03 6,446.47 45.00 6,491.47 RICHMOND CA 94801
5582540091
LATHAM BROCK DOUGLAS 632 WESTERN DR 632 WESTERN DR 23/03 352.10 45.00 397.10 RICHMOND CA 94801
5583000194
BYRNE JOHN G 127 EDDY ST 127 EDDY ST 23/03 1,027.15 45.00 1,072.15 RICHMOND CA 94801
5605600625
ELMEDOLAN PETER BERNAS JR 70 SANDPOINT DR 68 SEAGULL DR 23/03 377.04 45.00 422.04 RICHMOND CA 94804
5605601227
LABIAK ARTEMIA 9 SOUTHWIND CIR 9 SOUTHWIND CIR 23/03 378.58 45.00 423.58 RICHMOND CA 94804
5606400173
ROBINSON MICHELE 1600 HOFFMAN BLVD 1600 HOFFMAN BLVD 23/03 394.24 45.00 439.24 RICHMOND CA 94804
5606600129
OWENS ALISA 347 SANDY BAY CT 347 SANDY BAY CT 23/03 346.14 45.00 391.14 RICHMOND CA 94801
5608300728
OQUENDO NANETTE KAREN 855 SPRING TIDES RD 855 SPRING TIDES RD 23/03 337.38 45.00 382.38 RICHMOND CA 94804
5611910117
ZHANG YANTING 270 EL NIDO RD 500 ALAMO AVE 23/03 355.18 45.00 400.18 PORTOLA VALLEY CA 94028
5612310242
RICO FIDEL A & MONICA B 79 CHRISTINE CT 570 ALAMO AVE 23/03 377.03 45.00 422.03 SAN PABLO CA 94806

Exhibit 3 - Garbage Preliminary Lien List
221

Prog: BIDIV556 Page: 36 Date: 6/07/23 PRELIMINARY LIEN LISTS User: JW60420 Time: 11:02:12 HEARING DATES PRELIMINARY LIEN LIST NO CONSOLIDATION 06/2023

Levy Code: HR

As Of 6/07/23
Service RSS City
Owners Name Billing Address Service Address Thru Charges Charge Total Due ---------------------------------------------------------------------------------------------------------------------------------------------------------------- 5612320019
MUTUKU ELIJAH 558 DUBOCE AVE 558 DUBOCE AVE 23/03 419.11 45.00 464.11 RICHMOND CA 94801
5612320209
GUERRERO ROBERTO NUNEZ 1320 KELSEY ST 1320 KELSEY ST 23/03 374.88 45.00 419.88 RICHMOND CA 94801
5612520048
BOONE ONAJE T 810 GERTRUDE AVE 810 GERTRUDE AVE 23/03 377.21 45.00 422.21 RICHMOND CA 94801
5612610112
AVILES DORA A 735 DUBOCE AVE 735 DUBOCE AVE 23/03 160.70 45.00 205.70 RICHMOND CA 94801
5612610179
MASON ZERALYN INA 814 ALAMO AVE 814 ALAMO AVE 23/03 374.41 45.00 419.41 RICHMOND CA 94801
---------------------------------------------------------------------------------------------------------------------------------------------------------------- CONTROL TOTALS . . . 390 Records 208,810.18 17,550.00 226,360.18 ----------------------------------------------------------------------------------------------------------------------------------------------------------------

Exhibit 3 - Garbage Preliminary Lien List
222

June 27, 2023

Information Technology

DATE: June 27, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Sue Hartman, Director of Information Technology
Subject:

First Amendment to the Agreement with Maze and
Associates for Continued Cyber Security Awareness
Training
FINANCIAL IMPACT: Funding in the amount of $17,790. is allocated from the Information Technology operating budget (account
01261017 400209).

PREVIOUS COUNCIL
ACTION:

June 30, 2020

STATEMENT OF THE
ISSUE:

The original contract agreement with Maze and
Associates for cyber security awareness training expiring June 29, 2023. The City is in need of continued
cybersecurity awareness training for City staff and is
requesting approval of the first amended agreement for
such services.

RECOMMENDED ACTION:

APPROVE a first contract amendment with Maze and
Associates in the amount of $17,790, for a total contract amount not to exceed $39,865.20, for continued cyber
security awareness training, with a term extending
through June 30, 2025 – Information Technology
Department (Sue Hartman 510-620-6874).

AGENDA
REPORT
223

June 27, 2023
DISCUSSION:

Cybercrime continues to be a massive global problem. Many cyber-attacks are successful due to individual staff members unknowingly and inadvertently allowing infiltration of our systems. Some of the most negative consequences include theft of confidential information (social security numbers, credit card numbers, and the like) and installation of ransomware. Many cities have spent millions of dollars in ransom where the cybercriminal extorts money to secure the release of data. These amounts do not calculate the disruption in service delivery to the community. As more agencies pay the ransom, it becomes increasingly likely it will be an ever-increasing crime.

Training all City staff to help the City of Richmond thwart cyber-attacks is a key component of our overall security. Maze and Associates will continue to help the City of Richmond deploy KnowBe4 that will be used to help City staff understand today’s hostile IT landscape and mitigate the impacts of those attacks. By simulating phishing attacks on end users, KnowBe4 trains users to proactively identify threats.

The recommended action is to approve a first contract amendment with Maze and Associates in the amount of $17,790.00, for a total contract amount not to exceed $39,865.20, for continued cyber security awareness training, with a term extending through June 30, 2025.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Maze and Associates Contract Amendment 1 224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251

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:

Description of Services:

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.

252
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.

253
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

254
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
June 8, 2023
QUOTE FOR SERVICES:
$17,790.00KNOWBE4 Enterprise Security Awareness Training (700 seats for 2 years) $17,790.00T otal
THANK YOU!
255
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

256
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

257
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

258
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 1 of 4

Revised: September 2011

In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, 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, 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) including coverage for bodily and personal injury, property damage, and products and completed operations.

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

3. Original and Separate Additional Insured Endorsements 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 and Builder’s Risk/ Course of Construction Insurance.

6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)

7. Contractor’s Pollution Liability (if applicable for Construction Contractors)

Required Coverage

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

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

259
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 2 of 4

Revised: September 2011

PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)

Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

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.

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

Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.

(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.

The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.

Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:

HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.

Same limits as General Liability.

Required Policy Conditions
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.

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 but not limited to 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. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 260
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 3 of 4

Revised: September 2011
Additional Insured Endorsement
(continued)

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 and Builder’s Risk/ Course of Construction coverage 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.

Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.

SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:

1. A Bid bond

2. A Performance Bond

3. A Payment Bond

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 coverages and cover those insured in the underlying policies.

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.
261
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 4 of 4

Revised: September 2011

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

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

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

Continuous Coverage
CONTRACTOR shall maintain the 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.

262
263
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :INSURER E :INSURER D :INSURER C :INSURER B :INSURER A :NAIC #NAME:CONTACT(A/C, No):FAXE-MAILADDRESS:PRODUCER(A/C, No, Ext):PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
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 onthis 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. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)(Ea accident)$
$
N / A

SUBRWVDADDLINSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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. $$$$PROPERTY DAMAGEBODILY INJURY (Per accident)BODILY INJURY (Per person)COMBINED SINGLE LIMIT

AUTOS ONLYAUTOSAUTOS ONLYNON-OWNEDSCHEDULEDOWNEDANY AUTOAUTOMOBILE LIABILITY Y / NWORKERS COMPENSATIONAND EMPLOYERS' LIABILITYOFFICER/MEMBER EXCLUDED?(Mandatory in NH)DESCRIPTION OF OPERATIONS belowIf yes, describe underANY PROPRIETOR/PARTNER/EXECUTIVE$$$E.L. DISEASE - POLICY LIMITE.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENTEROTH-STATUTEPER

LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIABUMBRELLA LIAB $EACH OCCURRENCE$AGGREGATE$OCCURCLAIMS-MADEDEDRETENTION$ $PRODUCTS - COMP/OP AGG$GENERAL AGGREGATE$PERSONAL & ADV INJURY$MED EXP (Any one person)$EACH OCCURRENCEDAMAGE TO RENTED$PREMISES (Ea occurrence)COMMERCIAL GENERAL LIABILITYCLAIMS-MADEOCCURGEN'L AGGREGATE LIMIT APPLIES PER:POLICYPRO-JECTLOC

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD

HIREDAUTOS ONLY
$
$
3435 Mt. Diablo Blvd., Ste 300
Kosich Insurance Agency, Inc.

Cert ID 18160
450 Civic Center Plaza
Travelers Property Casualty Co 25674
Travelers Cas Ins Co Of Amer 19046

11/30/2022
3478 Buskirk Ave Suite 215
01/01/2023 01/01/2024

CUP-7P596079-23-42
B

[email protected]
Y
01/01/2023 01/01/2024

Y
680-8E962793-22-42
B
A
X

X
X
Kenneth R Kosich
Lafayette CA 94549
Richmond CA 94804
Pleasant Hill CA 94523
(925) 284-3911
(925) 930-0902
(925) 284-3919
X X
X

X
X

500,000

2,000,000

3,000,000
3,000,000

15,000

Empl Benefits Liab
01/01/2023 01/01/2024

680-8E962793-22-42

2,000,000
2,000,000
10,000
2,000,000
4,000,000
4,000,000
City of Richmond
City of Richmond are named as additional insureds for General Liability as required by written contract per the attached form CGDT4911188, coverage is primary & non-contributory per attached endorsement form, CGT1000219 and waiver of subrogation applies for General Liability per attached form, CGD8420219.

Maze & Associates Accounting Corporation

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June 27, 2023

Information Technology

DATE: June 27, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Sue Hartman, Director of Information Technology

Subject:

Sole-Source Contract with Packet Fusion, Inc for
Extended License and Maintenance Services for VoIP
Phone System
FINANCIAL IMPACT: Funding in the amount of $60,328.80 is allocated from the Information Technology operating budget (account
01262117-400501).

PREVIOUS COUNCIL
ACTION:

July 17, 2018

STATEMENT OF THE
ISSUE:

The original contract agreement for license, maintenance and services support for the City’s Packet Fusion, Inc.

VoIP system expires June 29, 2023. A new contract
extending the term and increasing the compensation
must be obtained to allow the City to continue using this system.

RECOMMENDED ACTION:

APPROVE a sole-source contract in the amount of
$60,328.80 with Packet Fusion, Inc. for licensed use,
maintenance, and support services for the City’s Voice
Over Internet Protocol (VoIP) system, with a term from
July 1, 2023, through December 31, 2024, including six
months of extended maintenance services, with the
option of four three-month extensions – Information
Technology Department (Sue Hartman 510-620-6874).

AGENDA
REPORT
290

June 27, 2023
DISCUSSION:

In December 2009, Packet Fusion was selected by competitive bid process to implement the City’s new ShoreTel Voice Over Internet Protocol (VoIP) Telephone system including license and maintenance for the communications software and hardware. Voice over internet protocol is a technology that allows one to make calls over the internet instead of traditional phone lines. This system is the City’s primary telephone communication system City wide. In July 2013, City Council approved continued maintenance for five years.

On July 17, 2018, the City of Richmond City Council approved a new contract with Packet Fusion, Inc for a five-year maintenance agreement that expires June 29, 2023. A new sole-source contract is needed to continue software and hardware license, and maintenance support. This contract allows for a six-month support agreement with an option for additional extensions in three month increments up to four times. This new contract agreement will allow the City to go out to bid for a new phone system in 2024.

City staff is seeking approval of an eighteen-month license, maintenance, and services sole-source contract with Packet Fusion, Inc. for the continued support of the City’s VoIP phone system for the period of July 1, 2023, through December 31, 2024, for a new total contract compensation amount not to exceed $60,328.80.

DOCUMENTS ATTACHED:

Attachment 1 – Contract
Attachment 2 – 1st Contract Amendment
Attachment 3 – Sole Source
291

CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

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

5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
292

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

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

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

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:

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

Date Signed:

B y :

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

By :

B y : Ti t l e :

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

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
293
For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN
, perform the Contractor shall, to the satisfaction of the Information Technology Dept following services and be compensated as outlined below:
294