Richmond City Council
October 15, 2024

PLEASE NOTE: HYBRID MEETING FORMAT

- REGULAR MEETING OF THE RICHMOND CITY COUNCIL

Tuesday, October 15, 2024, 4:30 p.m.

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

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

NOTICE: MASKS ARE STRONGLY ENCOURAGED!!

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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.
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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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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. 10-15-24 cc mtg.
2 Via mail: received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.

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 10-15-24 cc mtg.
3 in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone 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
10-15-24 cc mtg.
4 A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 4:30 p.m.

B. ROLL CALL
C. CLOSED SESSION
C.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
• Title: City Attorney
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 10-15-24 cc mtg.
5 F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.

G. PLEDGE OF ALLEGIANCE
H. ROLL CALL
I. STATEMENT OF CONFLICT OF INTEREST
J. AGENDA REVIEW
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING

CLOSED SESSION
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) M. 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)
N. 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.)
N.1 City Clerk's Office
N.1.a Gladwell Governmental Services, Inc. First Contract Amendment 11 APPROVE a first amendment to the contract with Gladwell Governmental Services, Inc. to provide additional analysis and reporting services requested by Human Resources for the update to the citywide records retention schedules, increasing the contract amount by $2,500, for a total contract amount not to exceed $12,500 while maintaining the term expiration of September 30, 2028 – City Clerk’s Office (Pamela Christian 510-620-6513).

N.1.b City Council Meeting Minutes 26
APPROVE the minutes of the September 10, September 24, and October 1, 2024, regular meetings - City Clerk's Office (Pamela Christian 510-620-6513).
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6 N.2 City Council
N.2.a Proposition 6, To amend Article 1, Section 6 of the California State Constitution
57 ADOPT a resolution to support Proposition 6 that amends Article 1, Section 6 of the California State Constitution, to remove the exception to involuntary servitude and prohibit the forced labor and punishment of incarcerated people for withholding consent to labor and DIRECT the city clerk to send copies of the resolution of support to the Governor’s office and the additional named offices – Vice Mayor Claudia Jimenez 510-620-6565/Councilmember Soheila Bana 510-620-6743).

N.2.b Authorization for International Travel to Sister City Regla, Cuba 61 APPROVE the request for international travel to Sister City Regla, Cuba, from December 5-15, 2024, for Mayor Eduardo Martinez, Vice Mayor Claudia Jimenez, Councilmember Cesar Zepeda and staff members Trina Jackson-Lincoln and Tony Tamayo - Mayor Eduardo Martinez (510-620-6503).

N.2.c Proclamation recognizing 1st Lieutenant Bruce Howard Brown 89 PROCLAMATION recognizing World War II Hero, 1st Lieutenant Bruce Howard Brown to honor the life, service, and sacrifice of this brave Richmond resident and hereby declare October 25, 2024, as 1st Lieutenant Bruce Howard Brown Day – Councilmember Soheila Bana (510-620-6743).

N.3 Community Development
N.3.a Contract Amendment No. 2 with RCF Connects for Short-Term Rent Assistance Program
93 APPROVE a contract amendment no. 2 with RCF Connects to add $510,000, for a not-to-exceed contract amount of $760,000, for a term ending June 30, 2025, to administer a rent assistance program using American Rescue Plan Act (ARPA) funds for the contract amendment - Community Development Department (Lina
Velasco/Jesus Morales 510-620-6649).

N.3.b Resolution Approving the Issuance of Bonds for the Vue at 3600 Apartments Affordable Housing Project
158
ADOPT a resolution approving the issuance of the bonds by the California Municipal Finance Authority for the sole purpose of satisfying Tax Equity and Fiscal Responsibility Act requirements for the acquisition, rehabilitation, improvement and equipping of a multifamily rental housing project located at 3600 Sierra Ridge Avenue, Richmond - Community Development Department (Lina Velasco 510-620-6841).
10-15-24 cc mtg.
7 N.3.c Richmond Industrial Safety Ordinance Amendments (RISO) Regarding Tank Terminals
166
INTRODUCE an ordinance (first reading) amending Chapter 6.43 of the Richmond Municipal Code to include specific requirements for tank terminals to afford additional public safety and protections against accidental releases from incidents - Community Development Department (Lina Velasco/Richard Diaz 510-620-6841).

N.4 Finance Department
N.4.a Investment and Cash Balance Report, Monthly Overtime Reports, and Documentary Transfer Tax Report for the Month of August 2024 249
RECEIVE the City’s Investment and Cash Balance Report, Monthly Overtime Reports, and Documentary Transfer Tax Report for the month of August 2024 – Finance Department (Andrea Miller 510-620- 6740).

N.4.b State Audit November 2024 Update 272
RECEIVE a report regarding the City’s Corrective Action Plan update to State Audit No. 2021-806 – City Manager’s Office/Finance Department (Andrea Miller 510-620-6790/Mubeen Qader 510-412- 2077).

N.5 Human Resources
N.5.a Amend the Position Control List and Allocate the Necessary Funding as Required
276
ADOPT a resolution to amend staffing and position control list and allocate the necessary salary, wages, and benefits as required – Human Resources Department (Nickie Mastay/Sharrone Taylor 510- 620-6602). This item was continued from the October 1, 2024, meeting.

N.6 Library and Community Services
N.6.a Amend Richmond Workforce Development Board Bylaws 294 ADOPT a resolution amending the Richmond Workforce
Development Board’s bylaws – Community Services Department (Tamara Walker 510-307-8006/LaShonda White 510-620-6828).

N.7 Mayor's Office
N.7.a Bobby Winston reappointment to the Richmond-Zhoushan Friendship Commission
358
REAPPOINT Bobby Winston to the Richmond-Shimada Friendship Commission with a term that expires on December 31, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
10-15-24 cc mtg.
8 N.7.b Margaret Lee reappointment to the Richmond-Zhoushan Friendship Commission
361
REAPPOINT Margaret Lee to the Richmond-Zhoushan Commission with a term that expires on December 31, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.7.c Joseph Kong reappointment to the Richmond Zhoushan Friendship Commission
364
REAPPOINT Joseph Kong to the Richmond-Zhoushan Commission with a term that expires on December 31, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.7.d Jaycine Scott reappointment to the Housing Advisory Commission 367 REAPPOINT Jaycine Scott to the Housing Advisory Commission with a term that expires on November 1, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.7.e Evelyn Santos reappointment to the Library Commission 370 REAPPOINT Evelyn Santos to the Library Commission with a term expiring on July 1, 2027 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.7.f Gay Timmons reappointment to the Planning Commission 373 REAPPOINT Gay Timmons to the Planning Commission with a term expiring on June 30, 2026 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.7.g John Dupin reappointment to the Contra Costa Mosquito and Vector Control Board
376
REAPPOINT John Dupin to the Contra Costa Mosquito and Vector Control Board with a term that expires on January 6, 2029 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.7.h Proclamation Declaring October 19, 2024, as Arbor Day in Richmond 379 PROCLAMATION recognizing October 19, 2024, as Arbor Day in Richmond - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.7.i Proclamation Declaring October 18, 2024 as RYSE-ING leaders day in the City of Richmond
382
PROCLAMATION recognizing October 18, 2024, as RYSE-ING
Leaders Day in Richmond - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
10-15-24 cc mtg.
9 N.8 Police Department
N.8.a Approve a purchase of ballistic shields from LC Action Police Supply. 385 APPROVE a purchase from LC Action Police Supply for ballistic shields for the Police Department’s Patrol Division staff in an amount not to exceed $47,718.42 – Police Department (Chief Bisa French 510-621-1802).

O. BUDGET SESSION
O.1 ARPA Update and Allocation Amendment 392
RECEIVE an update regarding the American Rescue Plan Act (ARPA); and ADOPT a resolution to reallocate funding between ARPA and General Capital Fund; APPROVE the first amendment with Witt O’ Brien’s contract for ARPA Technical Assistance, removing Exhibit E - Special Conditions from the contract and increasing the not to exceed amount by $273,800 – Finance Department/City Manager’s Office (Andrea Miller 510-620-6790/Mubeen Qader 510-412-2077).

P. PUBLIC HEARINGS
P.1 THIS ITEM HAS BEEN CONTINUED TO THE OCTOBER 22, 2024, CITY

COUNCIL MEETING
HOLD a public hearing to rename Virginia Playlot to Floria Evans Park and waive cost recovery fees – Councilmember Doria Robinson (510-620-6568).

Q. 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)
R. ADJOURNMENT
________________________
10-15-24 cc mtg.
10

October 15, 2024

City Clerk's Office

DATE: October 15, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Pamela Christian, City Clerk

SUBJECT: Gladwell Government al Services, Inc. First Contract Amendment
FINANCIAL IMPACT: The proposed $2,500 expenditure will be funded by the Human Resources Department General Fund
(professional services account string 01181016-400201).

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The city executed a contract with Gladwell Governmental Services, Inc. to update and maintain the citywide
records retention schedules. An amendment is needed
for additional analysis and reporting services requested by the Human Resources Department that fall outside the original scope of work.

RECOMMENDED ACTION:

APPROVE a first amendment to the contract with
Gladwell Governmental Services, Inc. to provide
additional analysis and reporting services requested by Human Resources for the update to the citywide records
retention schedules, increasing the contract amount by
$2,500, for a total contract amount not to exceed $12,500 while maintaining the term expiration of September 30,
2028 – City Clerk’s Office (Pamela Christian 510-620-
6513).

AGENDA
REPORT
11

October 15, 2024
DISCUSSION:

On October 10, 2023, the City executed a contract with Gladwell Governmental Services, Inc. in the amount of $10,000 to update and maintain the citywide records and retention schedules for compliance with both current mandates and “best practices”.

The original scope of work included implementation, staff training, and annual review and upkeep of the retention schedule.

Staff is seeking the City Council’s approval of the first contract amendment with Gladwell Governmental Services, Inc. to provide an additional analysis and report(s) as requested by the Human Resources Department of the retention timeframes for the statutes that will be delineated in the Police Department’s portion of the retention schedule. These additional services were not included in the original scope of work.

The update to the City’s records retention schedules is pending until the completion of the additional analysis and reporting proposed within the first contract amendment. A draft update of the citywide records retention schedules will be placed on a future agenda for the City Council’s consideration.

SYNERGISTIC POLICIES: Not applicable.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Proposed First Contract Amendment
Attachment 3 – Proposed Scope of Work
12 CITY OF RICHMOND

SHORT FORM CONTRACT

Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

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

(Company)

(Street Address)

(City State, Zip Code)

(Contract Person)

(E-mail)

(Telephone)

(Fax Number)

Richmond Business License No.

Expiration Date:

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

3. Payment Limit. City’s total payment to Contractor
under this Agreement shall not exceed ($10,000.00)
including expenses unless a contract amendment has
been approved by the City Council or City Manager.

4. City’s Obligations. City shall pay the Contractor a not to exceed amount of $
as total payment for all services rendered.

5. Location of Services. Contractor shall perform the
services set forth herein at the following location:

___________________________________________

6. Contractor’s Obligations.

To the satisfaction of the City’s Project
Manager, Contractor shall provide the
following services:

7. Supplemental Conditions. This
Contract is subject to the Supplemental
Conditions and Special Conditions (if
applicable) attached hereto, which are
incorporated herein by this reference.

8. Insurance Provisions. This Contract is
subject to the Insurance Provisions which
are attached hereto and are incorporated
herein by this reference.

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

CITY:

CITY OF RICHMOND, CA
a municipal corporation

By:

City Manager or Designee Signature

CONTRACTOR:

By:

Signature Date:

Short Form Contract/EJ/TE 11-30-07

CITY CLERK'S OFFICE

SABRINA LUNDY
[email protected]
(510) 231-3048

ANALYZE AND UPDATE THE CITY'S CURRENT RECORDS RETENTION SCHEDULES TO COMPLY WITH BOTH CURRENT MANDATES AND "BEST PRACTICIES" OF OVER 200 OTHER CALIFORNIA CITIES.

GLADWELL GOVERNMENTAL SERVICES, INC.

POST OFFICE BOX 62
LAKE ARROWHEAD, CA 92352
DIANE R. GLADWELL
[email protected]
(909) 337-3516
(909) 337-3526
WAIVED
N/A
October 1, 2023
September 30, 2028
10,000.00
Remote at contractor's business location.

Records Retention Update
Implementation/Destruction Procedures
Training Videoconferences
Up Keep Subscription Services
DocuSign Envelope ID: 8BBE10BF-0521-44F9-AF52-ABA5C25A10C5 9/20/2023
10/10/2023
5616
6716
13 For the Contract between the City of
Richmond and

Short Form Contract Supplemental Conditions/EJ/TE 11-30-07

SUPPLEMENTAL CONDITIONS

1. It is expressly agreed that Contractor is to perform the services described herein as an independent contractor pursuant to California Labor Code Section 3353, under the control of the City as to the result of his work only but not as to the means by which such result is accomplished. Nothing contained herein shall in any way be construed to make Contractor or any of its agents or employees, an agent, employee or representative of the City. Contractor shall be entirely responsible for the compensation of any assistants used by Contractor in providing said services.

2. This Contract shall automatically terminate when the total accumulated compensation paid or due to Contractor under this Contract reaches $10,000.00. The City shall not be responsible for compensating Contractor for any amounts in excess of $10,000.00.

3. Either the City or Contractor may cancel this Contract at any time upon giving the other party ten (10) days' written notice of such cancellation. In the event of cancellation, the City shall be liable only to pay to the Contractor compensation for services rendered up to the date of the Contract's cancellation.

4. Contractor shall not assign th is Contract, or any part thereof, or any right of the Contractor hereunder without the prior written consent of the City.

5. Contractor shall indemnify , defend and hold the City harmless from and against all claims, demands and causes of action for injury, death or damage to any person or property which may arise or result from the contractor's performance of this Contract or from acts or omissions of any person(s) employed by Contractor.

6. Contractor agrees to observe a ll applicable laws including, but not limited to, the provisions of Section 2.28.030 of the Municipal Code of the City of Richmond obligating every contractor or subcontractor under a contract or subcontract to the City of Richmond for public works or for goods or service to refrain from discriminatory employment practices on the basis of the race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee of, or applicant for employment with, such contractor or subcontractor.

7. Pursuant to Chapter 7.04 and Section 7.04.160 (f) of the Municipal Code of the City of Richmond, if this Contract does not exceed five thousand dollars ($5,000.00) and if the Contractor does not make more than five thousand dollars ($5,000.00) within the City of Richmond during the fiscal year, then the Contractor shall be exempt from obtaining a City of Richmond business license.

8. If this Contract does exceed five thousand doll ars ($5,000.00), or if Contractor does make more than five thousand dollars ($5,000.00) within the City of Richmond during the fiscal year, then a City of Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.

GLADWELL GOVERNMENTAL SERVICES, INC.

DocuSign Envelope ID: 8BBE10BF-0521-44F9-AF52-ABA5C25A10C5 14 For the Contract between the City of
Richmond and

Short Form Contract Supplemental Conditions/EJ/TE 11-30-07

SPECIAL CONDITIONS

GLADWELL GOVERNMENTAL SERVICES, INC.

The Supplemental Conditions of the Short Form Contract are hereby amended to include the following modifications:

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

See attached Exhibit A - Scope of Work

DocuSign Envelope ID: 8BBE10BF-0521-44F9-AF52-ABA5C25A10C5 15 For the Contract between the City of
Richmond and

Short Form Contract Insurance Provisions/EJ/TE 11-30-07

INSURANCE PROVISIONS

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

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

GLADWELL GOVERNMENTAL SERVICES, INC.

DocuSign Envelope ID: 8BBE10BF-0521-44F9-AF52-ABA5C25A10C5 16 Proposal for Richmond – Records Retention Update: August, 2023 Submitted by Gladwell Governmental Services, Inc. 909.337.3516 www.gladwellgov.org

SCOPE OF WORK

RECORDS RETENTION SCHEDULES

Phase 1: Records Retention Update – Best Practices Videoconferences

Gladwell Governmental Services, Inc. (GGS) will provide analysis of the City’s current records retention schedules and bring them current / compliant with both current mandates and “Best Practices” of over 200 other California cities.

Pre-existing copyright-protected records retention schedules developed by GGS will be customized to be organized to reflect the City’s organizational structure, and schedules will include all current laws and will show which records could be scanned into the document imaging system, and will identify if, and when, the paper version should be destroyed after imaging.

Then GGS will meet with each department via videoconference to review the proposed changes, obtain additional changes from employees, and provide employee training.

Deliverables:
 Updated Records Retention Schedules for all City Departments  Detailed Index to Records Retention Schedules
 Draft resolution of adoption
 Draft staff report
 Unlimited Videoconferences with each Department / Division

Total Cost: $6,900.00

Phase 2: Implementation / Destruction Procedures and Training - Videoconferences

GGS will create and/or review and update all written instructions, policies, procedures and form to ensure all laws, policies and procedures of the City are followed in the most cost-effective manner possible.

GGS will provide two (2) different days / times for employee training classes so employees can attend an interactive training session.

Deliverables:
 New or Updated Policies, Procedures and Forms for destroying records in compliance with laws and “best practices”
 Various Planning meetings (videoconference, telephone & e-mail)  2 videoconference training sessions for employees

Total Cost: $1,100

Subscription to Keep Retention Schedules Up-to-Date (Next Fiscal Year)

The subscription includes:
 Legal review of all changes for the year (presented in “Track Change” format,)

EXHIBIT A
DocuSign Envelope ID: 8BBE10BF-0521-44F9-AF52-ABA5C25A10C5 17 Proposal for Richmond – Records Retention Update: August, 2023 Submitted by Gladwell Governmental Services, Inc. 909.337.3516 www.gladwellgov.org  Additional changes requested by your employees,
 Approval forms and assistance,
 Re-writing of the index to your schedules to reflect the changes made,  Unlimited e-mail and telephone assistance / Q&A throughout the year.

$400 a year (July 1 – June 30); Subscription continues until cancelled by the City. Starts the year after adoption of the City Council.

DocuSign Envelope ID: 8BBE10BF-0521-44F9-AF52-ABA5C25A10C5 18 CITY OF RICHMOND
Sanctuary City Compliance Statement

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

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

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

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

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

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

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)
DocuSign Envelope ID: 8BBE10BF-0521-44F9-AF52-ABA5C25A10C5 September
President
Gladwell Governmental Services, Inc.

23.00 Gladwell Governmental Services, Inc
9/20/2023

20.00 Diane Gladwell
Lake Arrowhead
19 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.

CITY CLERK'S OFFICE

PAMELA CHRISTIAN
[email protected]
(510) 620-6513
5616
6716

ANALYSIS / REPORT OF THE RETENTION TIMEFRAMES FOR THE STATUTES DELINEATED IN THE POLICE PORTION OF THE RETENTION SCHEDULE, WHICH FALLS OUTSIDE THE CURRENT SCOPE OF WORK. ✔
1 GLADWELL GOVERNMENTAL SERVICES, INC.

POST OFFICE BOX 62
LAKE ARROWHEAD, CA 92352
DIANE R. GLADWELL
(909) 337-3516
[email protected]
WAIVED
✔
October 10, 2023
October 1, 2023
September 30, 2028
10,000.00
20 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.

GLADWELL GOVERNMENTAL SERVICES, INC.
21 Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)

1. 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 Amendment 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.”

2. 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

6716
1 GLADWELL GOVERNMENTAL SERVICES, INC.
2,500.00
12,500.00

An analysis / report of the retention timeframes for the statutes delineated in the Police portion of the retention schedule, which falls outside the current scope of work.

Deliverables:
• Report of the retention timeframes for the statutes delineated in the Police portion of the retention schedule
• Other reports or services or information upon request

Cost: $150/hour
Estimated Total Cost (Not To Exceed): $2,500

22 Richmond – Police Records Detailed Analysis – Amendment to Scope of Work, September, 2024 Submitted by Gladwell Governmental Services, Inc. 909.337.3516 www.gladwellgov.org page 1

PROPOSAL FOR RICHMOND, CALIFORNIA

SCOPE OF WORK

POLICE DETAILED ANALYSIS / RECORDS RETENTION SCHEDULES

The City has requested an analysis / report of the retention timeframes for the statutes delineated in the Police portion of the retention schedule, which falls outside the current scope of work.

GGS has produced records retention schedules for over 250 Police and/or Sheriff’s Departments in the State of California.

Deliverables:
• Report of the retention timeframes for the statutes delineated in the Police portion of the retention schedule
• Other reports or services or information upon request

Cost: $150/hour

Estimated Total Cost (Not To Exceed): $2,500

23 Richmond – Police Records Detailed Analysis – Amendment to Scope of Work, September, 2024 Submitted by Gladwell Governmental Services, Inc. 909.337.3516 www.gladwellgov.org page 2 RESUME

SUMMARY

Diane R. Gladwell is a Master Municipal Clerk with over twenty years experience managing in public and private sectors. Recipient of multiple awards recognizing excellence in municipal clerk administration.

Facilitator, author and instructor for document imaging, best practices and reengineering in over 200 organizations, including AIIM, ARMA and COMDEX.

PROFESSIONAL BACKGROUND

Gladwell Governmental Services, Inc. 1989 to present President

Clients have included over 200 California Cities, Special Districts and Counties. Projects have included:

1. Organization-wide and Department-level Records Management Programs:

Retention Schedules, Procedures, Manuals and Training

2. ECMS / Document Imaging / Trustworthy Electronic Records System Acquisition or Remediation

3. E-mail and electronic records

4. Educational Programs and Publications in Technology, Business Process Reengineering, Best Practices, Records Management and other subjects.

5. Facilitation of Business Process Reengineering.

6. Elections Management.

City of San Luis Obispo 1992 to 1995
City Clerk

As a member of the management team, responsible for records management, election administration, municipal code maintenance, FPPC disclosures, special event permits, City Council support, and coordination of over 20 boards and commissions for the City of S an Luis Obispo. Administration of the agenda process and all public notification and advertisement.

Received the Presidents Award of Distinction for Excellence in Organization and Administration from the California Clerks Association (1994). Reduced expenses by 22% while increasing services to the public; developed “InfoSLO” computerized information kiosk, electronic advertising and electronic agendas; reengineered all programs and processes in the Division.

City of Glendale 1989 to 1992
Assistant City Clerk

As a member of management, responsible for records management, election administration, municipal code maintenance, FPPC disclosures, business licensing, film permits and special events for Glendale (population 187,000). Supervised Council and Redevelopment Agency agendas, packets and minutes preparation as required; administrated publication and mailing of legal notices, bids, and process claims for the City. Develop, presented and administrated City Clerk annual budget of $800,000. Acted as Public Information Officer for the City during emergencies (Glendale fire, storm damage). Supervised a staff of nine who serve a culturally diverse community.

Developed, implemented, and administrated a Citywide records management program based on optical disk technology which has received international, national and state awards for exceptional records management programs.

24 Richmond – Police Records Detailed Analysis – Amendment to Scope of Work, September, 2024 Submitted by Gladwell Governmental Services, Inc. 909.337.3516 www.gladwellgov.org page 3 Food 4 Less / Market Basket / Viva / Boys Markets 1980-1989 Credit Management Services Supervisor

Administered payment systems and collections for a chain of 50 grocery stores (over five million transactions annually.) Records management for payment transactions, criminal and civil incidents for chain. A key member of the management team that developed and implemented computerized Electronic Funds Transfer for checks and credit cards as well as several custom applications to track returned items and issue check cashing cards. Budget development and administration for four Divisions representing expenditures of over $8,000,000.

EDUCATION

Pacific Southern University, Los Angeles: Bachelor of Science, Business Administration California Polytechnic University, Richmond: Business administration courses Citrus College, Azusa: Associate of Science, Business Administration UCLA: Business management courses
Institution de Technologico, Yucatan, Mexico: Attended institute as a foreign exchange student ESRI Geographic Information Systems (GIS) training

HONORS
Olsten Award for Excellence in Records Management Programs; Association of Records Management Administrators (ARMA) President’s Award of Distinction for Excellence in Organization and Administration; City Clerks Association of California (CCAC)
Records Management Award for Exceptional Municipal Programs Utilizing Alternative Technologies; International Institute of Municipal Clerks (IIMC)
President’s Award for Excellence in Public Presentations and Published Articles; City Clerks Association of California (CCAC);
Rotary, International, Lake Arrowhead Chapter: (2) Special Service Awards for Projects which raised over $40,000 for fire victims.
(3) Honorary Service Awards (California PTA, for outstanding service to youth and community) Life Member: Delta Mu Delta, Alpha Gama Sigma and California Scholarship Federation Listed in Who's Who of Executives and Professionals
2017 Woman of Distinction Award, California 23rd Senate District Rotarian of the Year, 2022, Rotary Club of Lake Arrowhead

PRESENTATIONS AND PUBLICATIONS
University of Riverside, Extension / Technical Track for Clerks: Records Management, Elections AIIM (Association for Information and Image Management) ARMA (Association of Records Mangers and Administrators) IIMC (International Institute of Municipal Clerks)
CCAC (City Clerks Association of California)
Government Technology Conference
Co-Author: Ballot Counting Procedures and Guidelines (various voting systems) Author: Document Imaging
Efficient Filing
Funding Records Management Projects
Various articles published by ARMA, ICMA, IIMC and NAGARA

PROFESSIONAL MEMBERSHIPS
AIIM Professional Level Member
Association of Records Managers and Administrators
City Clerks Association of California (Past First Vice President, Past Second Vice President) International Institute of Municipal Clerks (Past Chair, Resource Committee, Membership Task Force, Past Chair, Records Management Committee)
National Association of Government Archives and Records Administrators (NAGARA) Rotary, International
25 1

RICHMOND, CALIFORNIA,

September 10, 2024, 5:00 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 5:02 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

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

Absent: None.

C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) • One case
C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
• Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
• Property: Point Molate (site of former Naval Shipyard Depot)Agency Negotiator: Dave AleshireNegotiating Parties: East Bay Regional Park District & Tribe & Upstream Pt. Molate LLCUnder negotiation: Price and terms of payment
• Property: 1689 Regatta BoulevardAgency Negotiators: Nannette Beacham, Anne LanpharNegotiating Parties: DiCon Fiberoptics, Inc.Under negotiation: Price and terms of payment
C.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Winehaven v. City of Richmond
26 2
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
Bruce Beyaert gave comments via teleconference.

E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 5:06 p.m. Closed Session adjourned at 6:33 p.m.

F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:35 p.m. by Mayor Martinez.

G. PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance to the Flag.

H. ROLL CALL

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

Councilmember Soheila Bana arrived after the roll was called.

I. STATEMENT OF CONFLICT OF INTEREST
Councilmember Robinson stated that she would recuse herself from discussion of Item O.1.a (Nepotism in City Boards, Commissions, Committees and Task Forces) due to a conflict of interest with her partner serving on one of the boards.

J. AGENDA REVIEW
Item M (REPORTS OF OFFICERS: REFERRALS TO STAFF , AND GENERAL REPORTS) was moved to be heard at the end of the meeting.

Items O.1.a (Nepotism in City Boards, Commissions, Committees and Task Forces) and O.5.a (Contract Amendment for Municipal Resource Group [MRG] and Peer Advocates) were removed from the Consent Calendar for discussion.

Mayor Martinez announced that Council would return to closed session after adjournment of the regular meeting.

K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) • One case
Council gave direction to the City Attorney to finalize a settlement agreement.

C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
• Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

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

2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units
27 3

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
Report was given. No reportable action was taken.

C.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
• Property: Point Molate (site of former Naval Shipyard Depot)Agency Negotiator:

Dave AleshireNegotiating Parties: East Bay Regional Park District & Tribe & Upstream Pt. Molate LLCUnder negotiation: Price and terms of payment • Property: 1689 Regatta BoulevardAgency Negotiators: Nannette Beacham, Anne LanpharNegotiating Parties: DiCon Fiberoptics, Inc.Under negotiation: Price and terms of payment
Item concerning Point Molate not discussed. Discussion regarding 1689 Regatta Boulevard to resume once the Council adjourns back to Closed Session after the regular meeting.

C.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Winehaven v. City of Richmond
Not discussed.

L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl presented a PowerPoint - link to review:

CITY MANAGER'S
REPORT
Revenue Manager Antonio Banuelos gave a presentation on Business Tax State of California Franchise Tax Board Data Exchange Program: link to review: FTB-

PROGRAM OVERVIEW
L.1 NEW EMPLOYEE REPORT - 1st Tuesday
Director of Human Resources Sharrone Taylor presented a PowerPoint - link to presentation: NEW HIRES/PROMOTIONS REPORT

M. 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) Councilmember McLaughlin reported on the following: awarded the Sea Level - Ocean Protection grant; Shoreline Sea Level Adaptation Summit would be held in the Council Chambers on Saturday, September 28, 2024, from 1:00 p.m. to 4:30 p.m. hybrid format available via zoom; Neighborhood Scale Decarbonatization project was moving forward with the application for a community change grant, farmers markets throughout the city continue to be successful, and a housing issue will soon come to Council.

Councilmember Zepeda announced that the Fiestas Patrias event was scheduled for September 14, 2024, on 23rd Street and the Kermes fundraiser for Washington Elementary was scheduled for September 20, 2024.

Councilmember Bana announced the following: The El Sobrante Stroll was scheduled for September 15, 2024, from 11:00 a.m. to 4:00 p.m. on San Pablo Dam Road; El Sobrante 28 4
Pride was scheduled for September 22, 2024, at La Moine Park, (aka Cheese Park) from12:00 p.m. to 5:00 p.m.; the gender based violence task force met on September 10, 2024, and would present results of work to the City Council after one year; and a meeting regarding the Gun Violence Reduction Initiative was scheduled for September 13, 2024, at 2:20 p.m. in the basement of 440 Civic Center Plaza.

Vice Mayor Jimenez thanked staff for their work on the Homekey grant to renovate the Motel 6 at Civic Center for the unhoused.

Councilmember Robinson also thanked staff for their work on the Homekey grant.

Announced the following events in District 3: Dumpster day (Nystrom/Coronado neighborhood) on September 21, 2024, she would be hosting a series of traffic safety community meetings in each neighborhood council areas starting in Coronado 9/22 from 3:00 p.m. to 4:30 p.m. pullman 9/13, and more meeting schedule for October; and a Great Clean Air event which includes a bike ride across the Richmond/San Rafael Bridge and then a townhall meeting on asthma to be held in Nystrom Elementary School's Multi- Purpose Room. More information regarding events may be found at https://doriarobinson.com/
Councilmember Willis reported that he attended the neighborhood focus group at Nevin Community Center last week, attended a meeting at the Richmond Recreation Center regarding soccer fields; and attended a 911 Memorial at the Richmond fire training station on Sunday, September 8, 2024..

Mayor Martinez reported the following: a carwash to raise funds for the youth sponsored by Richmond Fire Youth was schedule for September 21, 2024, from 9:00 a.m. to 2:00 p.m. at 3506 Cutting Boulevard; as MCE director, he unveiled MCE's power plant; attended this month's Contra Costa Mayor's Conference and next month the conference would be hosted by the City of Richmond; announced commission vacancies on the Recreation and Parks Commission, Planning Commission, Design/Review Commission, Economic Development, and Housing Advisory Commission; met with the CEO of Prime Store the new owners of Hilltop Plaza; attended the grand opening of Taalia Hasan Resource Center Ribbon Cutting on Broadway; met with Healthy Contra Costa to discuss the city's equity policy; attended an event at East Brother Brewery, East Brother Brewery received an Export Achievement Certificate Presentation from Rod Hirsch Director of the U.S. Commercial Service; and also met with the CEO of Raven on updates to its waste to hydrogen operation.

N. 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)
The following individuals gave comments in person:

Cordell Hindler gave comments regarding the council's priorities. Mr. Hindler also expressed concern regarding the state of the Richmond Port's conditions and revenue.

Ryan Lau gave comments regarding the AC Transit's Realign Initiative and bus line changes. He announced that the community could give comments and feedback at the website: actransit.org/realign.

Mark Wassberg gave comments regarding clarification of the rules on campaigning during public comment period.

Rick Perez gave comments regarding police de-escalation skills and the use of excessive force.
29 5
Francisco Espino gave comments regarding the City's use of its budget, concerns of street conditions within Richmond, and the increase in homelessness.

Ahmed Dobashi and Omar Nasser gave comments supporting Richmond Police Officer Bashan.

Jamin Pursell gave comments regarding the city's accomplishments over the last year and prioritization of the allocation of new funds.

Andrew Melendez and Rosie R. (last name not mentioned) gave comments regarding the limitations of the Community Police Review Commission and concerns of police accountability.

Jasper and Angelica Rendon shared personal experiences regarding negative interactions with police officers in emergency situations.

Sara Cantor gave comments regarding the effect of the police union on police accountability and concerns on the Community Police Review Commission's limited power.

Mateo Guzman gave comments regarding discrimination by police and suggest a restructure of the Community Police Review Commission.

Karen Duran gave comments regarding her experience with a negative police response to a domestic violence incident.

Raymond Wendell gave comments regarding a recent police violence incident and concerns on the Community Police Review Commission's ability to investigate incidents.

Davjanee Tillis and Alize Johnson gave comments regarding the hiring of officers with backgrounds demonstrating violence against community members.

Emily Ross expressed concerns of police oversight. Ms. Ross also gave comments regarding needed improvements of the Community Police Review Commission and the discipline process.

Annie Pennell gave comments regarding safety and concerns on police response when called upon to assist community members.

The following individuals gave comments via teleconference:

Amber Hatfield gave comments regarding a recent Police interaction with community members. Ms. Hatfield suggested that there was a need for more oversight.

Jessi Taran gave comments regarding the budget for Castro Encampment assistance. Ms.

Taran also expressed concerns of police oversight.

Petronila Fernandez shared her experience of a family member passing away while in police custody. She expressed concerns of police oversight.

Domenichi Morris gave comments on police misconduct. Mr. Morris also expressed concerns of the police complaint process and the community's lack of awareness of the process.

O. 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.)
A motion by Councilmember Zepeda, seconded by Councilmember Willis to approve all items on the Consent Calendar excluding Items O.1.a (Nepotism in City Boards, 30 6
Commissions, Committees and Task Forces) and O.5.a (Contract Amendment for Municipal Resource Group (MRG) and Peer Advocates) pass by the unanimous vote of the Richmond City Council.

Ayes (7): Mayor Eduardo Martinez, Melvin Willis, Cesar Zepeda, Doria Robinson, Soheila Bana, Gayle McLaughlin, and Vice Mayor Claudia Jimenez Passed (7 to 0)

O.1 City Attorney's Office
O.1.a Nepotism in City Boards, Commissions, Committees and Task Forces ADOPT an ordinance (second reading) preventing the appointment of immediate family members of City Councilmembers, the City Manager, or City Department Heads, from serving on Richmond boards, commissions, committees, and task forces, and limiting an individual’s participation to one such City body at a time – City Attorney’s Office (Dave Aleshire 510- 620-6509).

Councilmember Soehila Bana pulled the item from the Consent Calendar to suggest adding political affiliation to the motion/guidelines. Jamin Pursell gave comments in person. Discussion ensued. A motion by Councilmember Bana to hold the item over to the next meeting failed for lack of a second. On motion of Vice Mayor Jimenez, seconded by Councilmember McLaughlin adopted Ordinance No. 08-24 N.S. by the following vote: Ayes: Councilmembers Bana, McLaughlin, Willis, Zepeda, Vice Mayor Jimenez, and Mayor Martinez. Noes: None.

Abstentions: None. Absent: None. Councilmember Robinson recused herself from discussion and voting on this item due to a conflict of interest.

Adopted: Ordinance No. 08-24 N.S.

O.1.b Approve a 7th amendment to the legal services agreement with Allen, Glaessner, Hazelwood & Werth LLP
APPROVE a seventh amendment to the legal services agreement with Allen, Glaessner, Hazelwood & Werth LLP increasing compensation by an amount not to exceed $250,000, for a new contract amount of $1,510,000, and term ending June 30, 2025 - City Attorney’s Office (Shannon Moore 510-620-6505/Kimberly Chin 510-620-6709).

O.2 City Clerk's Office
O.2.a City Council Meeting Minutes
APPROVE the minutes of the June 4, June 18, June 24, June 25, July 2, July 12, August 13, and August 14, 2024, City Council regular and special meetings - City Clerk's Office (Pamela Christian 510-620-6513).

O.2.b Cancellation of the September 17 and November 5, 2024, Regular City Council meetings
APPROVE the cancellation of the September 17 and November 5, 2024, Regular City Council meetings - City Clerk’s Office (Pamela Christian 510-620-6513).
31 7
O.2.c League of California Cities Designation of V oting Delegates and Alternates
DESIGNATE Mayor Eduardo Martinez as voting delegate and Vice Mayor Claudia Jimenez as an alternate to represent the City of Richmond at the Annual Business Meeting of the League of California Cities’ 2024 Annual Conference, to be held in Long Beach at the Long Beach Convention Center, Wednesday, October 16 through Friday, October 18, 2024 – City Clerk’s Office (Pamela Christian 510-620-6513).

O.3 City Council
O.3.a Request $2,000 for the El Sobrante Stroll
APPROVE an allocation of $2,000 for the El Sobrante Stroll from the City’s Fiscal Year 2024-2025 festival budget – Councilmember Soheila Bana (510-620-6743).

O.4 Finance Department
O.4.a Investment and Cash Balance Report, Monthly Overtime Reports, and Documentary Transfer Tax Report for the Month of June 2024 RECEIVE the City’s Investment and Cash Balance Report, Monthly Overtime Reports, and Documentary Transfer Tax Report for the month of June 2024 – Finance Department (Andrea Miller 510-620-6740).

O.4.b Amendment of Authorized Signatures on The Local Agency Investment Fund (LAIF)
ADOPT a resolution revising the authorization list on the Local Agency Investment Fund (LAIF) account to reflect the current staff assignments in the Finance Department – Finance Department (Andrea Miller 510-620- 6740).

Adopted: Resolution No. 99-24
O.5 Human Resources
O.5.a Contract Amendment for Municipal Resource Group (MRG) and Peer Advocates
APPROVE contract amendments with Municipal Resources Group (MRG) and Peer Advocates in the amounts of $100,000 per contract, for the total contract limit amounts not to exceed $300,000 per contract, for a total of $600,000, for facilitation, conflict resolution, consultation and/or training services – Human Resources Department (Sharrone Taylor/Nickie Mastay 510-620-6602).

Councilmember Bana pulled the item from the Consent Calendar for discussion. Director of Human Resources Sharrone Taylor gave an overview of the item. Discussion ensued. There were no public speakers.

On motion of Councilmember Zepeda, Seconded by Councilmember Willis, approved the contract amendments with Municipal Resources Group (MRG) and Peer Advocates in the amounts of $100,000 per contract, for the total contract limit amounts not to exceed $300,000 per contract, for a total of $600,000, for facilitation, conflict resolution, consultation and/or training services by the unanimous vote of the Richmond City Council.

O.6 Library and Community Services
32 8
O.6.a Contract with National Institute for Criminal Justice Reform for Data Management and Visualization Services
APPROVE a contract with the National Institute for Criminal Justice Reform to provide data management and visualization services for an amount not to exceed $26,400 with a contract term from October 1, 2024, to March 31, 2025 – Community Services Department (Sam Vaughn 510- 620-5404/Michael Romero 510-620-6791).

O.7 Mayor's Office
O.7.a Mexican Independence Day and the Independence Days of Latin American Countries in the month of September
PROCLAMATION recognizing Mexican Independence Day and the Independence Days of Latin American Countries in the month of September - Mayor Martinez (510-620-6503) and Councilmember Cesar Zepeda (510-620-6593).

O.7.b September as National Service Dog Month
PROCLAMATION recognizing September as National Service Dog Month - Mayor Eduardo Martinez (510-620-6503) and Councilmember Doria Robinson (510-620-6568).

O.7.c Appointment of Lorene Holmes Dees to the Commission on Aging APPOINT Lorene Holmes Dees to the Commission on Aging with an unexpired term that ends May 19, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.7.d Appointment of Rachel Lockett to the Planning Commission APPOINT Rachel Lockett to an unexpired term on the Planning Commission with a term that expires on June 30, 2025 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.7.e Appointment to the Richmond Shimada Friendship Commission APPOINT Liana Ngo to the Richmond Shimada Friendship Commission with a term expiring on December 31, 2027 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.7.f Appointment to the Richmond Youth Council
APPOINT Jayden White to the Richmond Youth Council to fill a vacant seat with a term that expires on October 1, 2025 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.8 Police Department
O.8.a Second Amendment to the Contra Costa County Animal Services Agreement
APPROVE and AUTHORIZE funding in the amount of $1,239,566 for Contra Costa County Animal Services for the Fiscal Year 2024-2025, for a total contract amount not to exceed $3,130,321; and extend the contract termination date to June 30, 2025, for a term from July 1, 2022, through June 30, 2025 – Police Department (Chief Bisa French 510-621-1802).

O.8.b Three-year Contract with Enformion to Provide Data Analytics to Richmond Police Department Staff.
33 9
APPROVE a three-year contract with Enformion, a data analytics company that provides public records and data solutions for government agencies, for a total of $250,000, for the contract term from September 11, 2024, through September 10, 2027, with two one-year mutually agreed upon extensions at $85,000 for each extension year – Police Department (Chief Bisa French 510-621-1802).

O.9 Public Works
O.9.a Resolution to Award a Contract to Automatic Door Systems, Inc. for As- Needed Repairs and Service
ADOPT a resolution to award a three-year contract with Automatic Door Systems, Inc. beginning on October 1, 2024, and ending on September 30, 2027, in an amount of $150,000, with two optional one-year extensions for a total amount of $50,000 for both extension years – Public Works Department (Daniel Chavarria 510-620-5478/Tawfic Halaby 510-620- 548/Carl Capistrano 620-6896/Will Santana 510-620-6696).

Adopted: Resolution No. 100-24
O.9.b Resolution to Award a Contract to Pestec for Routine and On-Call Pest Control, Bird Mitigation and Clean-Up Services
ADOPT a resolution to award a three-year contract for $100,000 with Pestec beginning on October 1, 2024, and ending on September 30, 2027, with two optional one-year extensions for a total amount of $50,00 for both option years – Public Works Department (Carl Capistrano 510-620- 6896/Daniel Chavarria 510-620-5478/Tawfic Halaby 510-620-5482).

Adopted: Resolution No. 101-24
O.9.c Resolution Approving a Temporary Waiver of Competitive Bidding and Advanced Authorization to Purchase Sixteen Pursuit-Rated Police Vehicles
ADOPT a resolution approving a temporary waiver of competitive bidding and advanced authorization to purchase up to 16 pursuit-rated police vehicles in an amount not-to-exceed $1,185,000 – Public Works Department (Daniel Chavarria 510-620-5478/Tawfic Halaby 510-620- 5482/Dee Karnes 510-231-3044).

Adopted: Resolution No. 102-24
P. NEW BUSINESS
P.1 Renaming the Section of Spring Street South of Cutting Blvd to Pedie Perez Avenue to Memorialize the Life of Richard “Pedie Perez III ADOPT a resolution of intent to rename a section of Spring Street south of Cutting Blvd to Pedie Perez Avenue to serve as a tribute to Richard "Pedie" Perez III, and DIRECT the city clerk to set a hearing date on the matter for September 24, 2024 - Councilmember Soheila Bana (510-620-6743).

Councilmember Bana gave an overview of the item. The following individuals gave comments in person: Patricia Perez, Cordell Hindler, Mark Wassberg, and Rick Perez. Jessi Taran gave comments via teleconference. Discussion ensued. On 34 10
motion of Councilmember Bana, seconded by Council Willis, adopted Resolution of Intention No. 924 by the unanimous vote of the Richmond City Council.

Q. ADJOURNMENT
There being no further business, the meeting adjourned to Closed Session at 8:43 p.m. to discuss Item C.3 (Conference with Real Property Negotiators - Property: 1689 Regatta Boulevard). Closed Session adjourned at 9:24 p.m. and Regular Session reconvened at 9:25 p.m. City Attorney Dave Aleshire announced that there were no reportable actions.

The City Council meeting adjourned at 9:26 p.m., to meet again on Tuesday, September 24, 2024, at 6:30 p.m.

Clerk of the City of Richmond Mayor

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RICHMOND, CALIFORNIA, September 24, 2024
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 4:31 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

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

Councilmember Melvin Willis.

C. CLOSED SESSION
C.1 LIABILITY CLAIMS (Government Code Section 54956.9)
 Claimant: Khala FinleyAgency claimed against: City of Richmond  Claimant: Mark Hall Agency claimed against: City of Richmond C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Richmond Shoreline Alliance v. City of Richmond
 Winehaven v. City of Richmond
 Thomas Butt v. Eduardo Martinez
 Thomas Butt v. Gayle McLaughlin
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9)  One case
C.4 PUBLIC EMPLOYEE PERFORMANCE EV ALUATION (Government Code Section 54957)
 Title: Confidential Investigative & Appeals Officer
C.5 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
 Property: Point Molate (site of former Naval Shipyard Depot)Agency Negotiator: Dave AleshireNegotiating Parties: East Bay Regional Park District & Tribe & Upstream Pt. Molate LLCUnder negotiation: Price and terms of payment
C.6 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
 Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit
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2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
Cordell Hindler gave comments in person. Ben Therriault gave comments via teleconference.

E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:39 p.m. Closed Session adjourned at 6:32 p.m.

F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:35 p.m. by Mayor Martinez.

G. PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance to the Flag.

H. ROLL CALL

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

Absent: None.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
Item N.8.h (Appointment of Oscar Flores to the Community Police Review Commission) was removed from the Consent Calendar for discussion.

A correction was made to Item P.2 (Chevron Settlement Fund Intentions). The following revisions were made to Section 2, subsection f of the proposed resolution:

Ensuring the availability of robust and fully supported City infrastructure and personnel resources, essential to carry out the objectives of this section and well-staffed union jobs in services such as parks, job training, housing and homelessness, youth programs, libraries, senior centers, and essential services impacted by climate change like fire protection and fire prevention.

Items P.1 (Direct Staff to Conduct an Assessment, Study and Community Outreach on the Usage of Chevron's $550 Million Payment Over the Next 10 Years) and P.2 (Chevron Settlement Fund Intentions) were combined to be heard together.

A correction was made to item P.4 (Discussion Regarding Proposed Amendments to Ordinance on Political Affiliates and Democratic Representation for Boards, Commissions, Committees, and Task Forces). Section 1 of Attachment 1 was removed.

K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
C.1 LIABILITY CLAIMS (Government Code Section 54956.9)  Claimant: Khala Finley
Agency claimed against: City of Richmond
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 Claimant: Mark Hall
Agency claimed against: City of Richmond
Direction given to staff to proceed with settlement of both matters.

C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Richmond Shoreline Alliance v. City of Richmond
 Winehaven v. City of Richmond
 Thomas Butt v. Eduardo Martinez
 Thomas Butt v. Gayle McLaughlin
Status report given on Richmond Shoreline Alliance v. City of Richmond; no reportable action. Winehaven v. City of Richmond was discussed during C.5. The other matters were not discussed, however the City Attorney announced that the City had won tentative victories in those cases.

C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9)  One case
Discussed. No reportable action.

C.4 PUBLIC EMPLOYEE PERFORMANCE EV ALUATION (Government Code Section 54957)
 Title: Confidential Investigative & Appeals Officer
Discussed. No reportable action.

C.5 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
 Property: Point Molate (site of former Naval Shipyard Depot)Agency Negotiator:

Dave AleshireNegotiating Parties: East Bay Regional Park District & Tribe & Upstream Pt. Molate LLCUnder negotiation: Price and terms of payment Status report given. No reportable action.

L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
Deputy City Manager Nickie Mastay presented a PowerPoint highlighting the following:

Mobile Vendor Program scheduled for Thursdays and Saturdays at 1401 Macdonald Ave. from 10:00 a.m. to 9:00 p.m.; Community Police Academy scheduled on Thursdays from 6:00 p.m. to 8:30 p.m. (October 3rd through November 21st) at 1701 Regatta Blvd. ; Wings Lift-Off Cohort scheduled for Fridays, October 4 through November 8, virtually and at the Family Justice Center; Greater Richmond Interfaith Program Harmony Walk scheduled for October 5, 2024, at Nicholl Park from 10:00 a.m. to 1:00 p.m.; and the Community Services Department's Fall activity guide.

M. 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) - PLEASE KEEP YOUR COMMENTS RESPECTFUL!!
The following individuals gave comments in person:
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Cordell Hindler gave comments regarding street conditions and the need for an increase in police presence.

Naseem Essa gave comments in support of Richmond Police Officer Bashan.

Rick Perez gave comments regarding the Community Police Review Commission's limitations. Mr. Perez expressed concerns regarding police accountability.

Diana Wear announced that Taste of Richmond was scheduled for October 7, 2024, through October 13, 2024, at restaurants across the city. Ms. Wear invited the Council to attend.

Mark Wassberg gave comments on the Proclamation recognizing August as American Muslim Appreciation and Awareness month.

Daniel Barth gave comments regarding suicide awareness, the Community Crisis Response Program's upcoming work, and transitional villages.

Veronica Ramos gave comments in support of local animal rescue Jelly's Place. Ms.

Ramos spoke of the closure Jelly's Place is facing.

Julie Bainbridge gave comments regarding the potential closure Jelly's Place. Ms.

Bainbridge shared details on the work Jelly's Place does for the animals in the community.

Musa Tariq gave comments regarding the Proclamation recognizing August as American Muslim Appreciation and Awareness month and thanked the city for the recognition.

Harry Wiener gave comments congratulating the City Council on their successful negotiations with Chevron.

Jamin Pursell gave comments regarding pride events. Mr. Pursell suggested using Human Resources department budgeted funds to assist the Police department with personnel matters.

Monroe introduced himself to the audience.

Councilmember Cesar Zepeda announced that Jelly's Place had puppies available for adoption.

The following individuals gave comments via teleconference:

Keri Sullivan thanked the City Council for considering her to serve on the Community Crisis Response Program Advisory Board.

Elsa Stevens gave comments in support of Councilmember Melvin Willis.

Hakeem Johnson invited the community to the annual Chevron Richmond Refinery Community Tour Day and car show on October 5, 2024, from 10:00 a.m. to 3:00 p.m.

Deborah Smalls gave comments in support of the Community Crisis Response Program and Councilmember Melvin Willis.

N. 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.)
Motion by Councilmember Melvin Willis
Seconded by Vice Mayor Claudia Jimenez
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To approve all items on the consent calendar excluding item N.8.h (Appointment of Oscar Flores to the Community Police Review Commission).

Ayes (7): Councilmember Soheila Bana, Councilmember Gayle McLaughlin, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez.

Passed (7 to 0)
N.1 City Attorney's Office
N.1.a Fifth Amendment to the Legal Services Agreement with Newdorf Legal APPROVE a fifth amendment to the legal services agreement with Newdorf Legal for $150,000 for a total amount not to exceed $400,000 and term ending June 30, 2025 – City Attorney’s Office (Shannon Moore 510-620-6509).

N.1.b Legal Services Agreement with the City, Bradley Miller and Keller Rohrback LLP to evaluate claims on interest rate swap transactions APPROVE a contingency fee representation agreement with Keller Rohrback L.L.P. and R. Bradley Miller, Esq. for legal services in a matter involving financial and other advice provided to the City by various parties regarding swaps and derivatives and AUTHORIZE the city attorney to make any necessary technical modifications to agreement before final execution - City Attorney’s Office (David Aleshire 510-620- 6509).

N.2 City Clerk's Office
N.2.a Carahsoft/DocuSign Agreement
APPROVE a fourth contract amendment with Carahsoft/DocuSign piggybacking on CMAS contract #3-20-70-2247G between the State of California and Carahsoft/DocuSign for the term of September 30, 2024, to September 29, 2025, in an amount not to exceed $15,170.70 - City Clerk's Office (Pamela Christian 510-620-6513).

N.3 City Council
N.3.a Proclamation recognizing August as American Muslim Appreciation and Awareness as designated by the State of California
PROCLAMATION recognizing the month of August as American Muslim Appreciation and Awareness Month as designated by the State of California, and commending Muslim communities in California for the positive impacts they have made towards the advancement of our city and country - Councilmember Soheila Bana (510-620-6743) and Mayor Eduardo Martinez (510-620-6503).

N.3.b Proclamation to declare the month of September as National Suicide Awareness and Prevention Month
PROCLAMATION declaring the month of September as National Suicide Awareness and Prevention Month in the City of Richmond - Councilmember Soheila Bana (510-620-6743).

N.4 Community Development
N.4.a Repeal of Richmond Municipal Code Chapter 9.64 - Prohibition of Natural Gas Infrastructure in Newly Constructed Buildings 40 cc24Sep2024 – jc/prc

INTRODUCE an ordinance (first reading) repealing Chapter 9.64 to the Richmond Municipal Code (RMC), which bans natural gas infrastructure in new construction - Community Development Department (Lina Velasco/Avery Stark 510-620-6714).

N.4.b Final Third-Party Review Report of the Chevron Richmond Refinery February 9, 2021, Oil Spill Incident Investigation
RECEIVE the written Final Third-Party Review Report of the Chevron Richmond Refinery February 9, 2021, Oil Spill Incident Investigation – Community Development Department (Lina Velasco 510-620-6841).

N.5 Economic Development
N.5.a Resolution to Approve Final Payment to WR Forde Associates, Inc. for Services Rendered for Leak Repair in 2020
ADOPT a resolution to approve the final payment of $16,290.08 to WR Forde Associates, Inc. for services rendered for the Leak Repair Project in the year 2020; and ACCEPT the completed project and formal close out the project; and AUTHORIZE the city manager, or their designee, to execute any necessary documentation to process the final payment and close out the agreement – Economic Development Department (Charles Gerard 510-829-2253/Lizeht Zepeda 510-620-6653/Kyle Lam 510-620- 6802).

Adopted Resolution No. 103-24
N.6 Finance Department
N.6.a Investment and Cash Balance Report, Monthly Overtime Reports, and Documentary Transfer Tax Report for the Month of July 2024 RECEIVE the City’s Investment and Cash Balance Report, Monthly Overtime Reports, and Documentary Transfer Tax Report for the month of July 2024 – Finance Department (Andrea Miller 510-620-6740).

N.7 Fire Department
N.7.a Service Contract with Bauer Compressors, Inc. to Provide Preventative Maintenance and Repairs to Air Products and Air Compressor Systems APPROVE a sole-source contract with Bauer Compressors, Inc for preventative maintenance and repair of the Fire Department’s self- contained breathing apparatus systems in an amount not to exceed $30,000, for a three-year term effective September 11, 2024, through September 10, 2027, with two one-year extension options not to exceed an additional $20,000 for the total extended term – Fire Department (Chief Michael E. Smith 510-307-8041/Deputy Chief Aaron Osorio 510-307- 8021/Battalion Chief Anthony Woodards 510-620-6989/Den Mark Marcelo 510-307-8038).

N.8 Mayor's Office
N.8.a Appointment of Kiara Kempski Richmond Arts and Culture Commission APPOINT Kiara Kempski to the Richmond Arts and Culture Commission with a term that expires on January 31, 2027 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

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N.8.b Appointment of Michael Gliksohn to the Economic Development Commission
APPOINT Michael Gliksohn to the Economic Development Commission with a term ending March 30, 2025 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.8.c Appointment of Eric Moseley to the Commission on Aging APPOINT Eric Moseley to the Commission on Aging with a term that expires on May 19, 2025 – Mayor’s Office (Mayor Eduardo Martinez 510- 620-6503).

N.8.d Appointment of Keri Sullivan to Community Crisis Response Program Advisory Board
APPOINT Keri Sullivan to the Community Crisis Response Program Advisory Board. The current term ending on December 31, 2025, serves as a placeholder. Terms will be established at a later date once a quorum has been appointed – Mayor’s Office (Mayor Eduardo Martinez 510-620- 6503).

N.8.e Appointment of Alice LoCicero to Community Crisis Response Program Advisory Board
APPOINT Alice LoCicero to the Community Crisis Response Program Advisory Board. The current term ending on December 31, 2025, serves as a placeholder. Terms will be established at a later date once a quorum has been appointed – Mayor’s Office (Mayor Eduardo Martinez 510-620- 6503).

N.8.f Appointment of Rosie Rendon to Community Crisis Response Program Advisory Board
APPOINT Rosie Rendon to the Community Crisis Response Program Advisory Board. The current term ending on December 31, 2025, serves as a placeholder. Terms will be established at a later date once a quorum has been appointed – Mayor’s Office (Mayor Eduardo Martinez 510-620- 6503).

N.8.g Appointment of Sahai Burrowes to Community Crisis Response Program Advisory Board
APPOINT Sahai Burrowes to the Community Crisis Response Program Advisory Board. The current term ending on December 31, 2025, serves as a placeholder. Terms will be established at a later date once a quorum has been appointed – Mayor’s Office (Mayor Eduardo Martinez 510-620- 6503).

N.8.h Appointment of Oscar Flores to the Community Police Review Commission
APPOINT Oscar Flores to the Community Police Review Commission with a term that expires on November 1, 2027 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

Mayor Martinez introduced the item. Mayor Martinez gave background information on the appointment process and why the choice was made to appoint Oscar Flores. Ben Therriault and Deborah Smalls gave comments via teleconference. Discussion ensued.
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Motion by Vice Mayor Claudia Jimenez
Seconded by Councilmember Melvin Willis
To appoint Oscar Flores to the Community Police Review Commission with a term that expires on November 1, 2027.

Ayes (6): Councilmember Gayle McLaughlin, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez.

Abstentions (1): Councilmember Soheila Bana
Passed (6 to 0)
N.9 Public Works
N.9.a Abatement Report from the Director of Public Works RECEIVE written abatement reports from the Director of Public Works for the months of June, July, and August - Public Works Department (Daniel Chavarria 510-620-5478).

O. PUBLIC HEARINGS
O.1 Renaming the Section of Spring Street South of Cutting Boulevard to Pedie Perez Avenue to Memorialize the Life of Richard “Pedie” Perez III HOLD a public hearing to rename the section of Spring Street South of Cutting Boulevard to Pedie Perez Avenue to memorialize the life of Richmond “Pedie” Perez III - Councilmember Soheila Bana (510-620-6743).

Councilmember Bana gave an overview of the item. Mayor Martinez opened the public hearing. Cordell Hindler, Patricia Perez, Rick Perez, Karen, and Jamin Pursell gave comments in person. Davjanee, Emily Ross, and Marisol Cantu gave comments via teleconference. Mayor Martinez closed the public hearing.

A motion was made to approve the item. Councilmember Bana invited the community to the unveiling of the street's new name on October 26, 2024, at 1:00 p.m.

Motion by Vice Mayor Claudia Jimenez
Seconded by Councilmember Gayle McLaughlin
Ayes (7): Councilmember Soheila Bana, Councilmember Gayle McLaughlin, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez.

Passed (7 to 0)
Adopted Resolution No. 104-24
O.2 Appeal of Encroachment Permit (#EN23-00843) Denial for Up and Under Pub & Grill BBQ Smoker
ADOPT a resolution denying the appeal and upholding the City Engineer’s decision to deny encroachment permit application #EN23-00843 submitted by Nathan Trivers, owner of Up & Under Pub & Grill, to place a BBQ smoker on the public sidewalk/street in front of 2 West Richmond Avenue based on fire safety concerns, municipal code violations, community complaints, public right-of-way issues and failure to comply with other applicable state and local regulations – Public Works Department (Robert Armijo 510-620-5477/Daniel Chavarria 510- 620-5478).
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Deputy Public Works Director Robert Armijo introduced the item. Mr. Armijo presented a PowerPoint highlighting the following: background; city engineer's reasons for denial; denial point 1- incomplete application; denial point 2 - fire code compliance; denial point 3 - municipal code violations; denial point 4 - community complaints; denial point 5 - public right of way management; denial point 6 - planning division comments; denial point 7 - building division comments; staff analysis; and staff recommendation. Discussion ensued.

Mayor Martinez opened the public hearing. Appellant Nathan Trivers gave a statement. Deputy Public Works Director Armijo and Fire Marshall Eric Munson gave a statement.

Cordell Hindler, Carol Burdick, Ashley Skinner, Goodarz Abolghasem, Kerri Smith, Jaclyn Brewer, Gerry Mcavoy, Tony Carreci, Josh Wilson, and Marche Ciello gave comments in person. Katie Carter, Daniel Butt, Shawn Dunning, and Lynne Therriault gave comments via teleconference.

Mr. Trivers gave a rebuttal statement. Deputy Public Works Director Armijo gave a rebuttal statement. Discussion ensued. Council suggested staff try working with the appellant on a solution that allows the BBQ smoker to be kept but also become compliant with City regulations.

Mayor Martinez made a motion calling the question to end the discussion and vote on the matter, there was no second. A motion was made by Councilmember Willis, seconded by Vice Mayor Jimenez, to continue the item for 60 days.

Councilmember Robinson offered a friendly amendment that after the 60 days, an agreeable plan must be brought forth to address all issues that were presented by the City, in addition to issues with the parklet, and if no agreeable plan is brought forth within the 60 days, the smoker is then to be removed. Councilmember Willis and Vice Mayor Jimenez accepted the friendly amendment and amended the time frame to continue the item to December 3, 2024.

Motion by Councilmember Melvin Willis
Seconded by Vice Mayor Claudia Jimenez
To continue the item to December 3, 2024, and at that time an agreeable plan must be brought forth to address all issues that were presented by the City, in addition to issues with the parklet, and if no agreeable plan is brought forth by then, the smoker is to be removed.

Ayes (7): Councilmember Soheila Bana, Councilmember Gayle McLaughlin, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez.

Passed (7 to 0)
P. STUDY AND ACTION SESSION
P.1 Direct Staff to Conduct an Assessment, Study and Community Outreach on the Usage of Chevron's $550 Million Payment Over the Next 10 Years DIRECT staff to issue a request for proposals, IDENTIFY a funding source and ALLOCATE up to $100,000 to hire consultants to facilitate community outreach efforts and conduct assessments, and to DIRECT the city manager and appropriate staff to design and implement comprehensive community outreach to gather input on enhancing public safety and quality-of-life services, support and assist with the assessment of the City's unmet infrastructure needs, and assess the City's unfunded obligations and develop a strategy to reduce these within 10 years and to create a reserve fund to relieve future generations of debt burdens - Councilmember Soheila Bana (510-620-6743).
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Items P.1 and P.2 were introduced to be heard at the same time. Councilmember Bana introduced item P.1 and gave background on the intention of the item.

Councilmember McLaughlin, Vice Mayor Jimenez, and Councilmember Robinson presented information regarding item P.2 highlighting sections of the proposed resolution and the intention of the item.

Cordell Hindler, Karen, Megan Zapanta, Mark Wassberg, Bella, Lujain Al-Saleh, Lazuli, Katherine Lee, Lejon Reese, and Don Gosney gave comments in person. (At 10:57 p.m. - a motion by Councilmember Zepeda, seconded by Councilmember McLaughlin, to extend the meeting to finish items P .1 and P .2 passed by the following vote: Ayes: Councilmembers Bana, McLaughlin, Robinson, Zepeda, Willis, Vice Mayor Jimenez, and Mayor Martinez. Noes:

None. Absent: None. Abstain: None).

Wesley Alexander, Mariana Moore, Myeshia Woodards, Yolanda Flores, Suilma Navarette, Alejandro Villegas, and Jamin Pursell gave comments in person. (At 11:18 p.m. - a motion by Councilmember McLaughlin, seconded by Vice Mayor Jimenez, to suspend the rules and extend the meeting to finish items P .1 and P .2 passed by the following vote: Ayes: Councilmembers Bana, McLaughlin, Robinson, Willis, Zepeda, Vice Mayor Jimenez, and Mayor Martinez. Noes: None. Absent: None. Abstain: None).

John Varga, Michelle Milam, Elsa Stevens, Edith Pastrano, Shawn Dunning, Deborah Small, Jim Becker, Abtehal A., Joey Schlemmer, Cheryl Sudduth, Alya Alazani, Ben Therriault, and Jose Abastida gave comments via teleconference.

Discussion ensued.

A motion was made by Councilmember McLaughlin, seconded by Councilmember Robinson, to decline item P.1, and approve item P.2. Further discussion ensued.

A motion was made by Mayor Martinez, seconded by Councilmember McLaughlin, calling the question to end the discussion and vote on the matter.

The motion passed by the following vote: Ayes: Councilmembers McLaughlin, Robinson, Willis, Zepeda, Vice Mayor Jimenez, and Mayor Martinez. Noes:

Councilmember Bana. Absent: None. Abstain: None.

Motion by Councilmember Gayle McLaughlin
Seconded by Councilmember Doria Robinson
To decline item P.1, and approve item P.2., which is to adopt a resolution expressing City Council’s overarching intention with respect to expenditure of the Chevron settlement funds, outlining types of expenditures that would be consistent with this intention, and prohibiting City employees from making alternative plans or commitments of the funds without first obtaining City Council consent.

Ayes (6): Councilmember Gayle McLaughlin, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez.

Noes (1): Councilmember Soheila Bana
Passed (6 to 1)
Adopted Resolution No. 105-24

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P.2 Chevron Settlement Fund Intentions
ADOPT a resolution expressing City Council’s overarching intention with respect to expenditure of the Chevron settlement funds, outlining types of expenditures that would be consistent with this intention, and prohibiting City employees from making alternative plans or commitments of the funds without first obtaining City Council consent - Vice Mayor Claudia Jimenez (510-620-6565), Councilmembers Gayle McLaughlin (510-620-6636) and Doria Robinson (510- 620-6593).

P.3 Receive Performance Improvement Plan for the Measure J funded R-Transit Program and Lower the Cost Pool Rate for R-Transit
RECEIVE a presentation regarding the Richmond Paratransit Audit commissioned by the Contra Costa Transportation Authority; APPROVE the City of Richmond’s responses to the Audit and the Performance Improvement Plan; and AUTHORIZE the reduction of the cost pool amount allocated to the Richmond Paratransit Program by $351,000 in Fiscal Year 2024-25 which would increase the General Fund’s obligation by $351,000 – Community Services Department (LaShonda White 510-620-6828).

Continued to the October 1, 2024. meeting.

P.4 Discussion Regarding Proposed Amendments to Ordinance on Political Affiliates and Democratic Representation for Boards, Commissions, Committees, and Task Forces
DISCUSS proposed amendments to Richmond Municipal Code Chapter 3.14 limiting the percentage of members of boards and commissioners that belong to any one political advocacy group or organization and DIRECT the City Attorney’s Office to prepare the amendments - Councilmember Soheila Bana (510-620- 6743).

Continued to the October 1, 2024. meeting.

Q. 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) The item was not heard.

R. ADJOURNMENT
There being no further business, the meeting adjourned at 12:18 a.m., to meet again on October 1, 2024, at 6:30 p.m.

Clerk of the City of Richmond Mayor

46 1

RICHMOND, CALIFORNIA,

October 1, 2024, 5:00 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION Open Session was called to order at 5:02 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

Present: Councilmembers Gayle McLaughlin, Doria Robinson, Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez. Absent: Councilmembers Soheila Bana and Melvin Willis arrived after the council adjourned to Closed Session.

C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Thomas Butt v. Eduardo Martinez
 Thomas Butt v. Gayle McLaughlin
Norma Elias v. City of Richmond
C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
 Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
 Property: 12th and MacdonaldAgency Negotiators: Nannette Beacham Negotiating parties: SAA-EVI Richmond Partners, LLCUnder negotiation: Price and terms of payment
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
Cordell Hindler stated that the 12th and Macdonald site would be a good location for affordable housing.

47 2
E. ADJOURN TO CLOSED SESSION
Open Session adjourned to Closed Session at 5:05 p.m. Closed Session adjourned at 6:30 p.m.

F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the City Council was called to order by Mayor Eduardo Martinez at 6:35 p.m.

G. PLEDGE OF ALLEGIANCE
Mayor Eduardo Martinez led the Pledge Allegiance to the Flag.

H. ROLL CALL

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

Absent: None.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
Item P .4 - Presentation of the Richmond Green Blue New Deal Opportunities Report was heard after Item P .1. - Arts Corridor Project Strategic Plan Presentations K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) · Thomas Butt v. Eduardo Martinez
· Thomas Butt v. Gayle McLaughlin
Tentative rulings were given in favor of the city. The final ruling in the matter of Thomas Butt v. Eduardo Martinez involved the signature of the vice mayor instead of then Mayor Thomas Butt on the Terminal 1 amended Land Disposition Agreement. The agreement was ruled valid and the lawsuit was ruled unfounded.

The matter of Thomas Butt v. Gayle McLaughlin involved a March 7, 2023, city council meeting where Mayor Butt was absent. The lawsuit claimed that due to term limits, Vice Mayor McLaughlin could not act as mayor. The city prevailed on procedural grounds and also on the fact that Vice Mayor McLaughlin was not serving as the mayor, rather in her capacity as vice mayor.

Norma Elias v. City of Richmond - direction was given on a settlement agreement.

C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
· Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
A status report was given. No reportable action was taken. 48 3
C.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
· Property: 12th and Macdonald
Agency Negotiators: Nannette Beacham
Negotiating parties: SAA-EVI Richmond Partners, LLC
Under negotiation: Price and terms of payment
A status report was given. No reportable action was taken.

L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl presented a PowerPoint.

Link to review: CITY MANAGER'S REPORT
L.1 NEW EMPLOYEE REPORT - 1st Tuesday
Human Resources Director, Sharrone Taylor, gave the new employee report.

Link to review: SEPTEMBER 2024 NEW EMPLOYEE REPORT
M. 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) - PLEASE KEEP YOUR COMMENTS RESPECTFUL!!
Cordell Hindler gave comments regarding the city council's behavior at the last meeting.

Eugenia Lunnie, Felicia King, and Crystal Polidore gave comments regarding the murder of their loved one and stated the Richmond Police Department is not trying to bring the persons responsible to justice.

Solomon Ervin gave comments about the upcoming 3 on 3 Basketball tournament and asked for a fee waiver to use city facilities to hold the event.

Antwon Cloird gave comments regarding the city providing relocation assistance for the family of a young lady murdered in Richmond.

Jamin Pursell stated that the Community Crisis Response Team, Office of Neighborhood Safety, are among some of the programs and services that assist victims of crime.

Soheila Bana Invited the community to Fire Station 64 Open House on Sunday, October 6, 2024, from 12:00 p.m. to 3:00 p.m. Councilmember Bana also stated she would not be in attendance at the October 15, 2024, City Council meeting.

Mark Wassberg gave comments regarding Islam and the upcoming November election.

Jessi Taran gave comments regarding the need for long term housing for the chronically homeless.

Ben Therriault gave comments regarding the effectiveness of community policing; however, it cannot be successful with the current number of officers and the defund the police movement.

49 4
N. 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.)
Motion by Vice Mayor Claudia Jimenez
Seconded by Cesar Zepeda

Ayes (6): Mayor Eduardo Martinez, Cesar Zepeda, Doria Robinson, Soheila Bana, Gayle McLaughlin, and Vice Mayor Claudia Jimenez
Absent (1): Melvin Willis
Passed (6 to 0)

N.1 City Attorney's Office
N.1.a New Legal Services Agreement with Liebert Cassidy Whitmore for Employment Litigation
APPROVE a new legal services agreement with Liebert, Cassidy, Whitmore, for an amount not to exceed $300,000, for a term beginning September 1, 2024, to June 30, 2026 – City Attorney’s Office (Kimberly Chin 510-620-6709/Beth Arnese 510-620-6848).

N.2 City Manager's Office
N.2.a On-call List for Qualified Consultants for Grant Writing, Grant Seeking, and Other Grant Related Service
ADOPT a resolution approving eighteen (18) firms to provide on-call grant writing, grant seeking, or other grant-related services to City departments, on an as-needed basis, for a three-year term expiring September 30, 2027, with two one-year options to extend, and a not to exceed total expenditure of $100,000 per firm annually – City Manager’s Office (Patrick Seals 510-307-8016).

Adopted Resolution No. 106-24.

N.2.b 2024 Richmond Fund for Children & Youth Community Needs Assessment & Fiscal Year 2025-2028 Strategic Investment Plan RECEIVE the Richmond Fund for Children and Youth 2024 Community Needs Assessment Report and the Fiscal Year 2025-2028 Strategic Investment Plan – City Manager’s Office (Patrick Seals 510-307- 8016/LaShonda White 510-620-6828).

N.2.c 2023 Richmond Community Survey Results
RECEIVE a report on the City of Richmond's 2023 Community Survey results – City Manager’s Office (Patrick Seals 510- 307-8016/LaShonda White 510-620-6828).

50 5
N.3 Community Development
N.3.a Repeal of Richmond Municipal Code Chapter 9.64 - Prohibition of Natural Gas Infrastructure in Newly Constructed Buildings ADOPT an ordinance (second reading) repealing Chapter 9.64 to the Richmond Municipal Code (RMC), which bans natural gas infrastructure in new construction - Community Development Department (Lina Velasco/Avery Stark 510-620-6714).

Adopted Ordinance No. 09-24 N.S.

N.4 Economic Development
N.4.a Additional work to complete the 2024 Pavement Repair at Point Potrero Marine Terminal.

APPROVE a construction amendment with W.R. Forde and Associates in the amount of $120,000 for additional improvements and maintenance at the Point Potrero Marine Terminal for a total amount of $406,750 with a term ending June 30, 2025 - Economic Development Department (Charles Gerard 510-620-6792).

N.4.b Partial Funding of CARB-Approved Emissions Control Solution (CAECS) to Meet CARB At Berth Regulations for Roll-on/Roll-off Ships.

ADOPT a resolution to APPROPRIATE $500,000 from the Port fund to the Fiscal Year 2024-25 budget to support the funding to deploy a CARB- Approved Emissions Control Solution (CAECS) barge at the Port of Richmond; and AUTHORIZE the Port to complete its evaluation of potential vendors and negotiate an agreement with the selected CAECS provider for an amount not-to-exceed $500,000 – Economic Development Department (Charles Gerard 510-620-6792).

Adopted Resolution No. 107-24.

N.5 Human Resources
N.5.a Amend the position control list and allocate the necessary funding as required.

ADOPT a resolution to amend staffing and position control list and allocate the necessary salary, wages, and benefits as required – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

Item continued to the October 22, 2024, City Council meeting.

N.6 Library and Community Services
N.6.a Contract with Epic Limousine for Youth Outdoors Richmond Transportation
APPROVE a contract with Epic Limousine to provide transportation services for the Youth Outdoors Richmond Program in the amount of $29,300 for a term beginning October 1, 2024, to July 31, 2025 – Community Services Department (Tetteh Kisseh 510-620-6919/ Ranjana Maharaj 510-620-6972/Jene Levine-Snipes 510-307-8132).

51 6
N.7 Mayor's Office
N.7.a Code Enforcement Officer Appreciation Week – Second Week of October PROCLAMATION declaring the second week of October as Code Enforcement Officer Appreciation Week in the City of Richmond – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.7.b Appointment of Nathaniel Bates to the Richmond/Zhoushan Friendship Commission
APPOINT Nathaniel Bates to the Richmond/Zhoushan Friendship Commission with a term that expires December 31, 2026 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.7.c Reappoint Mindy Pines to the Richmond-Shimada Friendship Commission
REAPPOINT Mindy Pines to the Richmond-Shimada Friendship Commission with a term that expires on January 18, 2027 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.8 Police Department
N.8.a Crime Report from Police Chief
RECEIVE a written crime report from the Police Chief - Police Department (Chief Bisa French 510-621-1802).

N.8.b Three-year contract with Chaplin & Hill Investigative Services LLC APPROVE a three-year contract with Chaplin & Hill Investigative Services LLC, for third-party administrative investigative services in an amount not to exceed $300,000, for a term beginning October 2, 2024, and expiring on October 1, 2027 – Police Department (Chief Bisa French 510- 621-1802).

N.9 Public Works
N.9.a Resolution to amend the contract with Ghilotti Bros., Inc. for the Yellow Brick Road Project
ADOPT a resolution to approve a second amendment to a construction contract with Ghilotti Bros., Inc. for the Yellow Brick Road Project in the amount of $40,000 for the final change order that addresses unforeseen project conditions, for an amended total contract amount not to exceed $7,717,134.37; ACCEPT the Yellow Brick Road Project as complete to enable the City to release the contractor’s bonds and retention payment, transfer funds in the General Capital Fund from the Yellow Brick Road Project (29113) to the Yellow Brick Road – Clean, Green and Beautiful Project (23032) in the amount of $23,521.36; and APPROPRIATE $54,439.32 from General Capital Fund Balance for Project 23032 - Public Works Department (Robert Armijo 510-620-5477/Wendy Wellbrock 510- 307-8108).

Adopted Resolution No. 108-24.

52 7
O. BUDGET SESSION
O.1 Fiscal Year 2023-24 Quarter 4 Financial Report and Administrative Budget Adjustments
RECEIVE the Fiscal Year (FY) 2023-24 Quarter 4 report for the period of July 1, 2023, through June 30, 2024; ADOPT resolutions to APPROPRIATE proposed administrative year-end budget adjustments in FY 2023-24; ADOPT a policy regarding Unspent Funds Appropriations; and APPROPRIATE Unspent Funds in FY 2024-25 – City Manager’s Office/Finance Department (Shasa Curl 510-620- 6512/Andrea Miller 510-620-6790/Mubeen Qader 510-412-2077).

City Manager Shasa Curl, Finance Director Andrea Miller, Deputy Finance Director Mubeen Quader, and Revenue Manager Antonio Banuelos presented a PowerPoint which highlighted the following: Fiscal Challenges; General Fund Revenue and Expenditure; Non-General Fund Revenue and Expenditure; Proposed Budget Adjustments; General Fund Reserve and Unspent Funds; and Unspent Funds Appropriations.

Link to review: QUARTER 4 FINANCIAL REPORT
Cordell Hindler, Ralph Payton, and Daniel Barth gave comments in person. Jessi Taran gave comments via Zoom.

Discussion ensued. City Council requested storm drain funding for Parchester Village, street calming measures for sideshows, and an allocation of $100,00 for a dog park in the El Sobrante area.

A motion was made to approve the item and to appropriate Option B for the unspent funds for FY 2024-25. Councilmember Robinson made a friendly amendment to allocate the $13,000 from Poet Laureate to allocate $2,000 to El Sobrante Pride and $3,000 to El Sobrante Stroll. City Manager Curl stated that the entire $13,000 would be allocated to the festivals budget line item. The friendly amendment was accepted.

Resolution 109-24 and Resolution No. 110-24 were adopted.

Motion by Gayle McLaughlin
Seconded by Vice Mayor Claudia Jimenez

Ayes (7): Mayor Eduardo Martinez, Melvin Willis, Cesar Zepeda, Doria Robinson, Soheila Bana, Gayle McLaughlin, and Vice Mayor Claudia Jimenez Passed (7 to 0)

P. NEW BUSINESS
P.1 Arts Corridor Project Strategic Plan Presentations
RECEIVE a presentation from Ceres Policy Research team and Richmond Renaissance team regarding the Arts Corridor Project Strategic Plan; RECEIVE direction regarding the finalization of the criteria used by City Council to select the final vendor; and DIRECT staff to return to City Council on October 15, 2024, with results of the scoring and award of the contract to either the Ceres Policy Research team or the Independent Arts and Media as Fiscal Agent for Richmond Renaissance to develop a Strategic Plan for a sustainable Art Corridor, in an amount not to exceed $50,000 - Economic Development Department (Nannette Beacham/Winifred Day 510-620-6952).
53 8
Economic Development Director Nanette Beacham and Deputy City Manager LaShonda White gave an overview. CERES Policy Research presented a PowerPoint that highlighted the following: Understanding Richmond's Art Scene; Proposal Overview; Qualifications of Ceres Policy Research; Community-Led Evaluation Experience; Strategic Focus and Methodology; Value-Added Services; and Rennaissance Richmond/Independent Arts & Media.

Link to review: ARTS CORRIDOR PROJECT
Cordell Hindler, Kate Sibley, and Jamin Pursell gave comments in person. Ruthie Dineen, Amanda Eicher, and Jacob Brickens gave comments via Zoom.

Discussion ensued.

A motion was made to approve Richmond Rennaissance for the Arts Corridor Project Strategic Plan.

Motion by Soheila Bana
Seconded by Mayor Eduardo Martinez

Ayes (7): Mayor Eduardo Martinez, Melvin Willis, Cesar Zepeda, Doria Robinson, Soheila Bana, Gayle McLaughlin, and Vice Mayor Claudia Jimenez Passed (7 to 0)

P.2 Receive Performance Improvement Plan for the Measure J funded R-Transit Program and Lower the Cost Pool Rate for R-Transit
RECEIVE a presentation regarding the Richmond Paratransit Audit commissioned by the Contra Costa Transportation Authority; APPROVE the City of Richmond’s responses to the Audit and the Performance Improvement Plan; and AUTHORIZE the reduction of the cost pool amount allocated to the Richmond Paratransit Program by $351,000 in Fiscal Year 2024-25 which would increase the General Fund’s obligation by $351,000 – Community Services Department (LaShonda White 510-620-6828). This item was continued from the September 24, 2024, meeting.

Deputy City Manager Lashonda White gave an overview.

Emily Ross gave comments via Zoom. Discussion ensued.

A motion was made to approve the item and the Richmond Paratransit Audit and also requested a report at a future city council meeting on the Paratransit program.

Motion by Gayle McLaughlin
Seconded by Cesar Zepeda

Ayes (6): Mayor Eduardo Martinez, Cesar Zepeda, Doria Robinson, Soheila Bana, Gayle McLaughlin, and Vice Mayor Claudia Jimenez
Absent (1): Melvin Willis
Passed (6 to 0)

54 9
P.3 Rename Virginia Playlot to Floria Evans Park
ADOPT a resolution of intention to rename Virginia Playlot to Floria Evans Park and waive cost recovery fees, and SET a Public Hearing for October 15, 2024 – Councilmember Doria Robinson (510-620-6568).

Councilmember Robinson gave an overview.

Cordell Hindler, Charles Evans, Pam Saucer, Luther Evans, and Andre Jackson gave comments in person.

Adopted Resolution of Intent No. 925
Motion by Doria Robinson
Seconded by Gayle McLaughlin

Ayes (7): Mayor Eduardo Martinez, Melvin Willis, Cesar Zepeda, Doria Robinson, Soheila Bana, Gayle McLaughlin, and Vice Mayor Claudia Jimenez Passed (7 to 0)

P.4 Presentation of the Richmond Green Blue New Deal Opportunities Report RECEIVE presentation on the Richmond Green-Blue New Deal Opportunities Report; and RECEIVE the draft Richmond Green-Blue New Deal Implementation Plan - Economic Development Department (Samantha Carr 510-620- 5407/Nannette Beacham 510-621-1306/Tamara Walker 510-307-8006/Lizeht Zepeda 510-620-6653).

Environmental Manager Samantha Carr and Justine Burk from Appraccel, LLC. presented a PowerPoint.

Link to review: RICHMOND GREEN BLUE NEW DEAL REPORT
Cordell Hindler, and Jamin Pursell gave comments in person. Diana Wear, Don Thompson, and Kerby Lynch gave comments via Zoom.

Discussion ensued.
(At 10:52 p.m. - a motion made by Vice Mayor Jimenez, seconded by Councilmember McLaughlin, extended the meeting to complete Items P .4, P .5, and vote on Item P .2., passed by the unanimous vote of the City Council).

Further discussion ensued.
(At 11:29 p.m. - a motion by Councilmember McLaughlin, seconded by Vice Mayor Jimenez, suspended the rules to complete Item P .4, Item P .5. and vote on Item P .2., passed by the following vote: Ayes: Councilmembers Bana, McLaughlin, Robinson, Zepeda, Vice Mayor Jimenez, and Mayor Martinez.

Noes: None. Absent: Councilmember Willis. Abstain: None.

A motion was made to receive the presentation and the draft Richmond-Green Blue New Deal Implementation Plan, and authorized staff to move forward with the public process. The matter will return to a future city council meeting after the community input process with a more comprehensive implementation plan of various projects with the possibility of hiring a consultant to draft a marketing plan.

Motion by Gayle McLaughlin
Seconded by Vice Mayor Claudia Jimenez
55 10

Ayes (4): Mayor Eduardo Martinez, Cesar Zepeda, Gayle McLaughlin, and Vice Mayor Claudia Jimenez
Noes (1): Doria Robinson
Abstentions (1): Soheila Bana
Absent (1): Melvin Willis
Passed (4 to 1)

P.5 Iranian New Year known as Nowruz
APPROVE the City’s celebration of Chaharshanbeh-Soori in tandem with Nowruz, supporting the cultural event and encouraging local food businesses to participate in showcasing the City’s diverse culinary offerings, and MOVE the March 18, 2025, City Council meeting to March 11, 2025 - Councilmember Soheila Bana (510-620-6743).

Councilmember Bana gave an overview.

A motion was made to approve the item. The council meeting schedule would be reviewed at a later date to determine if any adjustments to meeting dates would be made.

Motion by Soheila Bana
Seconded by Vice Mayor Claudia Jimenez

Ayes (6): Mayor Eduardo Martinez, Cesar Zepeda, Doria Robinson, Soheila Bana, Gayle McLaughlin, and Vice Mayor Claudia Jimenez
Absent (1): Melvin Willis
Passed (6 to 0)

Q. 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) None.

R. ADJOURNMENT
There being no further business, the meeting adjourned at 12:20 a.m., to meet again on October 15, 2024, at 6:30 p.m.

Clerk of the City of Richmond Mayor

56

October 15, 2024

City Council

DATE: October 15, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Vice Mayor Claudia Jimenez, Sponsor
Council Member Soheila Bana, Co-sponsor

Subject:

Proposition 6, To amend Article 1, Section 6 of the
California State Constitution
FINANCIAL IMPACT: No direct financial impact

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

To support Proposition 6 that amends Article 1, Section 6 of the California State Constitution to remove the
exception to involuntary servitude and prohibit the forced labor and punishment of incarcerated people for
withholding consent to labor.

RECOMMENDED ACTION:

ADOPT a resolution to support Proposition 6 that
amends Article 1, Section 6 of the California State
Constitution, to remove the exception to involuntary
servitude and prohibit the forced labor and punishment of incarcerated people for withholding consent to labor and DIRECT the city clerk to send copies of the resolution of support to the Governor’s office and the additional named offices – Vice Mayor Claudia Jimenez 510-620-
6565/Councilmember Soheila Bana 510-620-6743).

AGENDA
REPORT
57

October 15, 2024
DISCUSSION:

The legacy of slavery-involuntary servitude goes as far back as the first iteration of the California State Constitution, introduced in 1849, that stated: “Neither slavery, nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State” (Article I, Sec. 18). Today, more than 95,000 Californians are currently incarcerated in our state prison system with significant racial disparities.

The exception in California’s Constitution allows for the forced labor of incarcerated people and punishes those who refuse to consent to labor, even when they'd rather pursue their education, self-help, or rehabilitative programs. This practice undermines rehabilitation as forced labor is often prioritized over self-help, education, and other rehabilitative programs.

Proposition 6 would make sure incarcerated people are not punished for doing rehabilitative or educational work instead of a prison job such as cooking or cleaning.

However, those who refuse a work assignment, face punishments such as losing their right to use the phone or receive visits from family members. Several states, including Alabama and Colorado, have already passed similar measures, removing language allowing involuntary servitude from their constitutions.

This past legislative session, the legislature passed Assembly Constitution Amendment (ACA) 8: The End Slavery in CA Act. ACA 8 allows California voters to amend article 1, section 6 of the California Constitution to remove the exception to involuntary servitude and replace it with language that prohibits forced labor without consent. It also prohibits punishing any incarcerated individual who doesn't consent to labor.

Proposition 6 will be on the ballot this November and it's a historic opportunity for our state to finally separate from the dark legacy of slavery and involuntary servitude.

Proposition 6 supports rehabilitation and improves access to self-help, education, and rehabilitative programs for incarcerated people. Prop 6 also promotes human agency as opposed to forced labor.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution

58 Reso. No. _____

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, IN SUPPORT OF PROPOSITION 6 TO AMEND ARTICLE 1, SECTION 6 OF THE CALIFORNIA CONSTITUTION

WHEREAS, Article 1, Section 6 of the California Constitution currently states that "slavery is prohibited" with the exception that "involuntary servitude as a punishment for crime" may still be practiced; and

WHEREAS, the exception clause permits the continued exploitation of labor from incarcerated individuals, which disproportionately impacts people of color, particularly Black and Indigenous communities, and perpetuates systemic racial inequalities; and

WHEREAS, forced labor under the guise of punishment for crime is a vestige of slavery, a system that the United States Constitution's 13th Amendment sought to abolish, yet left this harmful exception intact, effectively allowing slavery by another name; and

WHEREAS, California is currently one of only 16 states that still retains this exception in its constitution, perpetuating a practice that should have been eradicated with the abolition of slavery; and

WHEREAS, Proposition 6 seeks to amend Article 1, Section 6 of the California Constitution to remove the exception clause, fully prohibiting slavery and involuntary servitude under any circumstances, thereby reaffirming California's commitment to human rights and dignity; and

WHEREAS, the passage of Proposition 6 aligns with the principles of justice and fairness, ensuring that no individual, regardless of their legal status, can be subjected to involuntary servitude as a means of punishment; and

WHEREAS, ending this exception would set a national example, showing that California stands firmly against all forms of slavery and upholds the fundamental belief in equality and freedom for all; and

WHEREAS, there is no formal opposition to Proposition 6, and its passage would only strengthen California’s justice system by promoting rehabilitation over exploitation; and

WHEREAS, a broad coalition of civil rights organizations, faith leaders, labor unions, legal experts, and formerly incarcerated individuals have voiced their strong support for Proposition 6 and the removal of the slavery exception from California’s Constitution; and

WHEREAS, this Council recognizes the importance of historical accountability and the responsibility to dismantle the legacies of systemic injustice embedded in our state and nation’s legal framework.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richmond City Council hereby declares its support for Proposition 6, which amends Article 1, Section 6 of the California Constitution to remove the exception clause permitting involuntary servitude as punishment for a crime, effectively ending all vestiges of slavery in the state; and

BE IT FURTHER RESOLVED, that the City Council directs its Clerk to send copies of this resolution to the Governor of California, the Speaker of the California Assembly, the President pro Tempore of the California State Senate, and other appropriate state and local officials to advocate for the passage of Proposition 6.

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

59 Reso. No. _____

***THE CLERK’S OFFICE WILL COMPLETE THE INFORMATION BELOW****

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

AYES: 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 Mmmm dd, yyyy.

_______________________________________
Pamela Christian, Clerk of the City of Richmond
60

October 15, 2024

Mayor's Office

DATE: October 15, 2024
TO: Members of the City Council
FROM:

Mayor Eduardo Martinez
Subject:

Authorization for International Travel to Sister City Regla, Cuba
FINANCIAL IMPACT: $18,000 for land cost and airfare for 5 city travelers for 10 days. The individual appropriations for the Mayor,
Councilmembers and staff have funding to cover the
cost. The per person cost is estimated at $3,600.

Mayor Martinez – 01101011 400243
Vice Mayor Jimenez – 01115611 400243
Councilmember Zepeda – 01115211 400243
Project Coordinator Trina Jackson-Lincoln – 01115011
400243
Mayor’s Chief of Staff – Tony Tamayo– 01101011
400243

PREVIOUS COUNCIL
ACTION:

The City Council approved travel in 2013 and 1999.

STATEMENT OF THE
ISSUE:

The City of Richmond entered into a sister city
agreement in 1999. 2024 marks the 25th year of the
friendship.

AGENDA
REPORT
61

October 15, 2024
RECOMMENDED ACTION:

APPROVE the request for international travel to Sister
City Regla, Cuba, from December 5-15, 2024, for Mayor
Eduardo Martinez, Vice Mayor Claudia Jimenez,
Councilmember Cesar Zepeda and staff members Trina
Jackson-Lincoln and Tony Tamayo - Mayor Eduardo
Martinez (510-620-6503).

DISCUSSION:

In celebration of 25 years of friendship and solidarity between Richmond, California and Regla, Cuba, the Richmond-Regla Friendship Committee is planning a delegation to visit our dear friendship city in December 2024. The delegation will be led by Mayor Eduardo Martinez and will include City Council Members, the Richmond Regla Friendship Committee, and community members.

In consideration of the Richmond City Council’s Resolution No. 147-99 which established a Friendship City relationship between Richmond, California and Regla, Cuba for the exchange of mutual beneficial ideas and the sharing of cultural, educational, humanitarian and municipal resources, the purpose of the trip is to visit and extend ongoing friendship to current officials and residents of Regla, Cuba.

If approved, this will be the third official City of Richmond delegation to visit Regla, following the initial visit in December 1999 led by Vice-Mayor Irma Anderson, and the second visit in December 2013 led by Mayor Gayle McLaughlin.

The Mayor and committee look forward to exchanges with our Cuban counterparts in the fields of health, education, the arts, and sustainability. In addition to the rich exchange of ideas, the delegation hopes to bring educational and humanitarian supplies. The creation of our Richmond Regla Friendship Committee was inspired by the People-to-People Ambassador Program created by President Eisenhower in 1956.

We look forward to continuing to build bridges of exchange between our friendship cities for mutual benefit.

Richmond-Regla, Cuba Friendship Committee

 The Alliance for Cuba Engagement and Respect (ACERE) Campaign to remove Cuba from the State Sponsors of Terrorism (SSOT)
 National Network on Cuba – Saving Lives Campaign to raise funds for pacemakers and syringes to Cuba
 September 10, 2024 – Committee members attended a virtual briefing on U.S.

Cuba cooperation on food and climate security with leading experts and practitioners in the field.
 September 21, 2024 – The Committee held a fundraiser, Arte Cubana, at the Point Richmond Art Gallery to raise funds to subsidize the cost of travel for four 62

October 15, 2024
(4) young adults between the ages of 18-24 years that have been invited to join the delegation.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution No 147-99
Attachment 2 – 2013 PowerPoint Presentation Report

63 64
CELEBRATING 14 YEARS OF

FRIENDSHIP

RICHMOND-REGLA FRIENDSHIP COMMITTEE
December 5-15, 2013
65 WELCOME
AND

INTRODUCTIONS
Mayor Gayle McLaughlin
PRESENTERS:

Marilyn Langlois
Shukuru Sanders
TarnelAbbott
Willie Thompson
66 WELCOME MEETING WITH THE

CUBAN INSTITUTE OF FRIENDSHIP WITH THE

PEOPLES (ICAP)
ICAP President, Kenia Serrano
expressed their gratitude for the
visit from Mayor McLaughlin and
the Richmond-Regla Friendship
Committee.
67 FAMILIES OF THE CUBAN FIVE
Mr. Rene Gonzalez and
wife Olga Salanueva greet
Mayor McLaughlin
Mayor McLaughlin expresses her
solidarity with the families of the
Cuban Five and her continued
efforts to advocate for their
release
68 REGLA PEOPLE’S

POWER ASSEMBLY
City Officials
discussed
improvements in
Regla and continuing
the relationship of
solidarity.
69 DIRECTORS OF PUBLIC HEALTH
Richmond delegates presented
donated medical supplies and
medicine.
70 BLANDINO PRIMARY SCHOOL

WELCOMES THE RICHMOND

DELEGATES
71 BLANDINO PRIMARY SCHOOL

WELCOME
The Cuban literacy level
remains among the
highest in the world at

99.8%.

The literacy campaign of
1961, immediately
following the revolution,
virtually eliminated
illiteracy. The Cubans
have an ongoing
commitment to free public
education through college
level.
72 PROYECTO ORUNMILLA

OF REGLA

ANTHROPOLOGICAL RESEARCH TEAM
Director Ernesto
Valdes Janet, Prof of
History, addresses
the Richmond
delegates
73 THE BLACK MADONNA
74 ANTONIO

HERNANDEZ CANET

ART STUDIO
The Canet Art
Studio has
been
bequeathed to
the City of
Regla to be
used as an art
museum and
public art
studio.
75 MUSEUM OF THE REVOLUTION
76 MUSEUM OF REGLA
The delegation hear about the
African experience in Regla
77 Members of Nsila Cheche,
professional Afro-Cuban dance
and drumming troupe is
seeking opportunities to
preform in Richmond.

Mayor McLaughlin is
presented with a canvas
painting of the historical
cathedral and the Black
Madonna in Regla
78  Esteban Morales, Afro-Cuban economist and writer addressed the delegation to provide information on the history of Cuba and the current state of the Cuban economy.
79 ALAS POR LA VIDA
Wings of Life
Supporting Patients, Survivors and Families of Breast
Cancer
Dr. Cantero, Project
Director, poses with
survivors of breast
cancer
80 ORGANOPONICO VIVERO ALAMAR
Organic Urban Farm Co-op
81 COMMITTEE FOR DEFENSE OF THE

REVOLUTION (CDR)
 CDRs were originally organized on every block to address counterrevolutionary activity; they are now local mutual aid societies that promote neighborhood safety and solidarity.  The CDR which the delegates visited in Cienfuegos, held a block party with music, dancing and refreshments. It was attended by most of the residents and people of all ages participated. 82 TRINIDAD DE CUBA
83 MUSEUM OF THE SUGAR INDUSTRY
84 PARRANDAS IN REMEDIOS
Remedios holds the largest artistic
competition and 24 hour
celebration on December 24th of
each year.

Community members
constructing the neighborhood
float.
85 The Che Memorial
86 LA COLMENITA

THE ESSENCE OF
THINGS
Internationally acclaimed youth
theater troupe that has
performed at the East Bay
Center for the Performing Arts in
Richmond.
87 Q & A
Closing Remarks
Thank you from Mayor McLaughlin and members of
the Richmond-Regla Friendship Committee.
88

October 15, 2024

City Council

DATE: October 15, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Council Member Soheila Bana

Subject:

Proclamation recognizing 1st Lieutenant Bruce Howard
Brown
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Proclamation recognizing Richmond resident and WWII
Hero, 1st Lieutenant Bruce Howard Brown
RECOMMENDED ACTION:

PROCLAMATION recognizing World War II Hero , 1st
Lieutenant Bruce Howard Brown to honor the life, service, and sacrifice of this brave Richmond resident and hereby declare October 25, 2024 , as 1st Lieutenant Bruce
Howard Brown Day – Councilmember Soheila Bana (510-
620-6743).

AGENDA
REPORT
89

October 15, 2024
DISCUSSION:

1st Lieutenant Bruce Howard Brown, a native of Miami and Arizona. Bruce Howard Brown moved in 1940 from Hanford, CA, to 329 6th Street in Richmond, CA. He became known for his skills in basketball, tennis, and music, even forming his own dance orchestra.

Before enlisting in the U.S. military, Mr. Brown exhibited a strong passion for serving his country and was an active member of the local community. Mr. Brown served honorably as the co-pilot of the Boeing B-17F Flying Fortress, Danellen, during World War II.

While stationed at RAF Bassingbourn Airfield in Cambridgeshire, England, he participated in critical strategic bombing missions during WWII . O n December 20, 1942, during a daylight bombing raid over Nazi-occupied France, the Danellen was tragically shot down near the River Seine in Normandy.

Despite Mr. Brown's valiant efforts as co -pilot, the plane suffered catastrophic damage, crashing between Bernières-sur-Seine and the village of Tony. Mr. Brown and several of his crew members perished in the c rash, while one crew member survived, only to be taken prisoner shortly afterward.

The remains of Mr. Brown and three of his fellow crew members were disinterred from unknown graves at the Normandy American Cemetery in 2019 and identified in 2023 through DNA comparisons at the Defense POW/MIA Accounting Agency (DPAA) Nebraska Laboratory, allowing him to b e finally brought home to his family and honored for his ultimate sacrifice.

1st Lieutenant Bruce Howard Brown will be honored with a Memorial Service and Interment on October 25, 2024, at 11:15 a.m. at the Houston National Cemetery, 10410 Veteran’s Memorial Drive, Houston, Texas 77038.

The City of Richmond is deeply proud of Mr. Bruce Howard Brown’s service and the legacy he leaves behind as a courageous airman who gave his life for freedom during one of the most pivotal moments in history . We honor the life, service, and sacrifice of this brave Richmond resident and hereby declare October 25, 2024 as 1st Lieutenant Bruce Howard Brown Day. His contributions to our nation’s freedom will forever be remembered and cherished by the community.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation

90 WHEREAS, 1st Lieutenant Bruce Howard Brown, a native of Miami, Arizona, and resident of Richmond, CA, served honorably as the co-pilot of the Boeing B-17F Flying Fortress, Danellen, during World War II; and
WHEREAS, Bruce Howard Brown moved to Richmond in 1940 from Hanford, CA, and became known for his skills in basketball, tennis, and music, even forming his own dance orchestra; and
WHEREAS, Bruce Howard Brown lived at 329 6th Street in Richmond, California, where he became an active member of the local community before enlisting in the U.S. military; and
WHEREAS, Bruce Howard Brown, the son of Bertha Punkoney Barron and stepson of Fred Westle Barron, enlisted in the U.S. military, where he stood six feet tall, with light brown hair, green eyes, and a strong passion for serving his country. Stationed at RAF Bassingbourn Airfield in Cambridgeshire, England, he participated in critical strategic bombing missions during WWII; and
WHEREAS, on December 20, 1942, during a daylight bombing raid over Nazi-occupied France, the Danellen was tragically shot down near the River Seine in Normandy. Despite Bruce Howard Brown's valiant efforts as co-pilot, the plane suffered catastrophic damage, crashing between Bernières-sur-Seine and the village of Tony. Bruce and several of his crew members perished in the crash, while one crew member survived, only to be taken prisoner shortly afterward; and
WHEREAS, the remains of Bruce Howard Brown and three of his fellow crew members were disinterred from unknown graves at the Normandy American Cemetery in 2019 and identified in 2023 through DNA comparisons at the Defense POW/MIA Accounting Agency (DPAA) Nebraska Laboratory, allowing him to be finally brought home to his family and honored for his ultimate sacrifice; and
WHEREAS, 1st Lieutenant Bruce Howard Brown will be honored with a Memorial Service and Interment on October 25, 2024, at 11:15 a.m. at the Houston National Cemetery, 10410 Veteran’s Memorial Drive, Houston, Texas 77038; and

Recognizing 1st Lieutenant Bruce Howard Brown

91 WHEREAS, the City of Richmond is deeply proud of Bruce Howard Brown’s service and the legacy he leaves behind as a courageous airman who gave his life for freedom during one of the most pivotal moments in history.

NOW, THEREFORE, be it proclaimed by the City Council of Richmond that we hereby declare October 25, 2024 as 1st Lieutenant Bruce Howard Brown Day, honoring the life, service, and sacrifice of this brave Richmond resident. His contributions to our nation’s freedom will forever be remembered and cherished by the community.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Richmond to be affixed this 15th Day of October, 2024.

______________________________
Mayor Eduardo Martinez
City of Richmond

______________________________
Council Member Soheila Bana
City of Richmond

92

October 15, 2024

Community Development

DATE: October 15, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Lina Velasco, Director of Community Development
Jesus M. Morales, Housing Manager

Subject:

Contract Amendment No. 2 with RCF Connects for Short-
Term Rent Assistance Program
FINANCIAL IMPACT: The City Council allocated $1,984,233 of American Rescue Plan Act (ARPA) funds for Tenant Protections
and Rental Assistance and $1,000,000 of ARPA funds
for Richmond Rapid Response Fund, of which $300,000
has not been obligated. This amendment will be funded
from these two allocations of ARPA funds. Account
strings 13631063-400201-33001 and 13631063-400201-
AR238

PREVIOUS COUNCIL
ACTION:

February 15, 2022, December 5, 2023, and December
19, 2023

STATEMENT OF THE
ISSUE:

On December 19, 2023, the City Council authorized the
City Manager to negotiate and execute a contract with
RCF Connects, in an amount not to exceed $250,000, to
administer a rent assistance program. The contract was
amended for time in April 2024. The Community
Development Department is requesting City Council
approval of contract amendment no. 2 to add $510,000,
increasing the total contract amount to $760,000, to
provide additional rent assistance to continue to meet the urgent needs of Richmond residents.

AGENDA
REPORT
93

October 15, 2024
RECOMMENDED ACTION:

APPROVE a contract amendment no. 2 with RCF
Connects to add $510,000, for a not-to-exceed contract
amount of $760,000, for a term ending June 30, 2025, to administer a rent assistance program using American
Rescue Plan Act (ARPA) funds for the contract
amendment - Community Development Department (Lina
Velasco/Jesus Morales 510-620-6649).

DISCUSSION:

On February 15, 2022, the City Council allocated $1,000,000 of American Rescue Plan Act (ARPA) funds for the Richmond Rapid Response Fund (R3F). On December 5, 2023, the City Council allocated $1,984,233 of ARPA funds for Tenant Protections and Rental Assistance. On December 19, 2023, the City Council authorized the City Manager to negotiate and execute a sole-source contract with RCF Connects, in an amount not to exceed $250,000, to administer a rental assistance program funded using ARPA funds. RCF’s recent implementation and administration of the Short-Term Rental Assistance Program using ARPA funds was highly successful. City staff is seeking to amend their contract to add additional funding of $510,000 to provide more rent assistance. These additional funds will assist in meeting the urgent needs of Richmond residents who are experiencing rent increases.

RCF Connects, along with Richmond Neighborhood Housing Services and SparkPoint, administered a rental assistance program. This program was funded with $250,000 of ARPA funds that were quickly expended and provided rental assistance to 44 households helping them avoid potential eviction. RCF reports they continue to receive 3-5 calls per day from Richmond residents inquiring about the availability of funding for this program.

City staff is seeking City Council approval to execute a second amendment with RCF Connects adding $510,000 to the current contract, for a not-to-exceed contract amount of $760,000, through June 30, 2025. This funding is anticipated to support approximately 90 Richmond households to stay current on their rental housing payments thereby avoiding eviction and potential homelessness.

RCF and its partners have developed the infrastructure to implement and administer this program in a timely and efficient manner. City staff will ensure that the contract process and proposed project are implemented in accordance with all United States Treasury ARPA-related regulations.

SYNERGISTIC POLICIES:

The Short-Term Rental Assistance Program is in alignment with the City of Richmond Homelessness Strategic Plan, adopted by City Council on May 23, 2023, Goal 3:

Expand homelessness prevention and crisis programming. Short-Term Action Step 3.1 proposed to establish a flexible fund for diversion and housing focused problem-solving. 94

October 15, 2024
The Short-Term Rental Assistance Program is preventive programming that will allow Richmond renters to maintain their housing and avoid homelessness.

CONCLUSION:

Staff recommends that the City Council authorize execution of an Amendment No. 2 with RCF Connects to add $510,000, for a not to exceed contract amount of $760,000, for Short-Term Rental Assistance Program, funded by ARPA funds, through June 30, 2025.

DOCUMENTS ATTACHED:

Attachment 1 – Amendment No. 2 to the Contract
Attachment 2 – Original Contract and Amendment No. 1

95 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.

96 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.

97 Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)

1. 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 Amendment 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.”

2. 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

98 SCOPE OF WORK – RENTAL ASSISTANCE
Richmond Community Foundation (RCF Connects), as a community foundation, has the infrastructure to quickly distribute rent assistance and other direct assistance payments to landlords to prevent eviction of Richmond renters. Our partners, SparkPoint and Richmond Neighborhood Housing Services, lead the intake process for all Richmond residents. They assist renters who meet the established criteria with the application process and work with the renter and landlord to secure all of the documentation required, including proof of income eligibility, a copy of the lease, other supporting documentation, and a W9 from the landlord.

SparkPoint and Richmond Neighborhood Housing Services submit the completed application to RCF Connects, and the check is issued directly to the landlord so that the funds are not taxed as income to the renter.

Key elements include:
• An agreement with each landlord states that by accepting the funds, they will not evict their tenant.
• RCF Connects, every January, issues each landlord an IRS 1099 for tax purposes.

Supported households will meet the following objectives:
• Resident of Richmond, CA, at risk of eviction or with past due rent. • Currently in Richmond seeking or to relocate within Richmond. • Can sustain rent after program disbursement.
• Households impacted and/or disproportionately impacted by Covid-19 or other issues.

Required documentation includes:
• Landlords W-9 - REQUIRED FOR LANDLORD TO RECEIVE PAYMENT • Lease agreement - validating security deposit amount (if available) • Letter of intent to execute lease (security deposit)
• Verification of income - last 30 days of paystubs and/or other source of income • Verification of past due rent
The program for rental assistance would limit the maximum amount of rental assistance to a one-time payment of no more than $10,000. This amount is sufficient to cover up to 3 months of back rent in most instances. Based on our experience with past rental assistance, most renters are, on average, $5,000 in areas.

BUDGET
Rental assistance for approximately 80-90 households: $435,000 SparkPoint Direct Costs for Intake $ 27,500 Richmond Neighborhood Housing Services Direct Costs
for Intake $ 27,500 RCF Direct Costs for Rent Processing and 1099s $ 20,000 Budget Total $510,000 99 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

100
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 1 of 3

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
101
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 2 of 3

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

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

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

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

102
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

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

Subcontractors

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

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

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

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

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

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

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

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

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

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

Reporting Requirements

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

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

103
104

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
09/11/2024

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER

AUTOMATIC DATA PROCESSING INS AGCY
76250717
71 HANOVER ROAD
FLORHAM PARK NJ 07932
CONTACT NAME:

PHONE
(A/C, No, Ext):
(800) 524-7024 FAX
(A/C, No):

E-MAIL ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC#
INSURER A : Hartford Fire and Its P&C Affiliates 00914

INSURED

RICHMOND COMMUNITY FOUNDATION

FOUNDATION
3260 BLUME DR STE 110
SAN PABLO CA 94806-1960
INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

INSR

LTR TYPE OF INSURANCE ADDL
INSR
SUBR
WVD

POLICY NUMBER POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/Y YYY) LIMITS

COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE

CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE

POLICY PRO-
JECT

LOC PRODUCTS - COMP/OP AGG
OTHER:

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident)
ANY AUTO BODILY INJURY (Per person)

ALL OWNED
AUTOS

SCHEDULED
AUTOS BODILY INJURY (Per accident)
HIRED
AUTOS

NON-OWNED
AUTOS

PROPERTY DAMAGE
(Per accident)

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS-
MADE

EACH OCCURRENCE

AGGREGATE
DED RETENTION $
A

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
ANY

PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/ A 76 WEG AN4J6U 09/09/2024 09/09/2025
X PER

STATUTE
OTH-
ER
Y/N E.L. EACH ACCIDENT $1,000,000
E.L. DISEASE -EA EMPLOYEE $1,000,000
E.L. DISEASE - POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations.

CERTIFICATE HOLDER CANCELLATION
City of Richmond
450 CIVIC CENTER PLAZA
RICHMOND CA 94804

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED

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

AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 105
106
107
108
109
110
111
112
113

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.

Community Development Lina Velasco
[email protected] (510) 620-6841
9235 / 6869
RCF Connects (formerly known as Richmond Community Foundation) will administer the City's rental assistance program.

RCF Connects
3260 Blume Drive, Suite 110
Richmond, CA 94806
James "Jim" Becker, President & CEO
(510) 234-1200 [email protected]
4005-3126 December 31, 2024
December 19, 2023
June 30, 2024
250,000.00
✔












114

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

7. General Conditions.

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

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

9. Insurance Provisions.

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

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

Title: By:

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

Date Signed:

B y :

City Clerk

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

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

LIST OF ATTACHMENTS:

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
















 






115
For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN

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

City of Richmond

See attached scope of work.

RCF Connects












116
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117
For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS

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

THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

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

Lina Velasco
RCF Connects
Community Development
Lina Velasco












118
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

City of Richmond

Richmond, CA 94804-0046

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

RCF Connects
RCF Connects
Lina Velasco
450 Civic Center Plaza
James "Jim" Becker, President & CEO
3260 Blume Drive, Suite 110
Richmond, CA 94806












119
General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

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

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

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

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











120
General Conditions/EJ/TE 01-19-11 2 of 13

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

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

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

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

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











121
General Conditions/EJ/TE 01-19-11 3 of 13

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

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

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

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

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

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











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

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

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

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

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

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











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

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

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

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

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













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

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

15. Indemnification
.

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

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











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

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

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

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











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

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

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

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

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

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

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

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











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

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

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

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

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

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

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











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

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

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

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

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

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

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

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












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

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

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

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

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

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

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

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











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

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

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

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

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

39. Performance and Final Acceptance
.

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

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













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

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

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











132
For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS

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

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

Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G, prior to the execution of this Agreement.

The rental assistance program is funded using ARPA funds and RCF Connects agrees to provide the City with information required to report to Treasury regarding the use of these funds.

RCF Connects












133
For the Contract between the City of
Richmond and

EXHIBIT F

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

RCF Connects












134

CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of Richmond Community Foundation (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

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

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 27 th day of October, 2022, at Richmond, California.

Printed Name: James A. Becker Title: President and CEO Signed: Date: October 27, 2022
Business Entity: Richmond Community Foundation
Vendor SCCO Compliance Statement (Augt2020)
(;+,%,7*












135
___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will be conducting business and/or providing services to the City of Richmond (City), or will be awarded City of Richmond (City) funds to provide programs or 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, 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)

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 (for CONTRACTOR’s with employees);

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

6. Fidelity Bond/Crime Coverage – in an amount stipulated by City depending upon scope of contract.

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” located at:
http://www.ci.richmond.ca.us/index.aspx?nid=61
.

General Liability
(primary and excess limits
combined)
$1,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate).

Policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the CONTRACTOR, its personnel, agents or subcontractors.

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












136
___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 2 of 3
Revised: September 2011
Automobile Liability (If auto is used.) $1,000,000 per occurrence for bodily injury and property damage.

Fidelity Bond/Crime Coverage
(Applies if receiving City
funds.)
In an amount stipulated by City depending upon the scope of Contract. (Usually based upon the amount of money the Contractor is handling that could be embezzled over a period of time.)
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability Coverage.

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

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.

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

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

SAMPLE ENDORSEMENT 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.

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.

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.

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. 











137
___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 3 of 3
Revised: September 2011
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

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

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

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

Insurance certificates and endorsements may be faxed to the Designated Project 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.












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144

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.

Community Development Jesus Morales
[email protected] (510) 620-6649
9235 / 6869
RCF Connects (formerly known as Richmond Community Foundation) will administer the City's rental assistance program. ✔
1 RCF Connects
3260 Blune Drive, Suite 110
Richmond, CA 94806
James "Jim" Becker, President & CEO
(510) 234-1200 [email protected]
4005-3126 December 31, 2024
✔
December 19, 2023
December 19, 2023 June 30, 2024
250,000.00













 


145
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.

RCF Connects













 















 
146
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM 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. 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

RCF Connects
1 / 6869
December 19, 2023
June 30, 2025
NONE.













 


147
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

RCF Connects
1 / 6869
250,000.00
June 30, 2025✔
250,000.00
250,000.00
250,000.00
250,000.00













 


148
___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will be conducting business and/or providing services to the City of Richmond (City), or will be awarded City of Richmond (City) funds to provide programs or 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, 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)

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 (for CONTRACTOR’s with employees);

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

6. Fidelity Bond/Crime Coverage – in an amount stipulated by City depending upon scope of contract.

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” located at:
http://www.ci.richmond.ca.us/index.aspx?nid=61
.

General Liability
(primary and excess limits
combined)
$1,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate).

Policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the CONTRACTOR, its personnel, agents or subcontractors.

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
























 


149
___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 2 of 3
Revised: September 2011
Automobile Liability (If auto is used.) $1,000,000 per occurrence for bodily injury and property damage.

Fidelity Bond/Crime Coverage
(Applies if receiving City
funds.)
In an amount stipulated by City depending upon the scope of Contract. (Usually based upon the amount of money the Contractor is handling that could be embezzled over a period of time.)
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability Coverage.

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

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.

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

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

SAMPLE ENDORSEMENT 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.

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.

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.

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. 























 


150
___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 3 of 3
Revised: September 2011
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

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

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

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

Insurance certificates and endorsements may be faxed to the Designated Project 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.
























 


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157

October 15, 2024

Community Development

DATE: October 15, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Lina Velasco, Director of Community Development
Anthony Stubbs, Financial Advisor, California Municipal Finance Authority

Subject:

Resolution Approving the Issuance of Bonds for the Vue
at 3600 Apartments Affordable Housing Project
FINANCIAL IMPACT: The proposed Bonds to be issued by the California Municipal Finance Authority (CMFA) for the Project will be the sole responsibility of the Borrower, and the City will have no financial or legal obligation for the Project or the repayment of the Bonds. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.

The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public
benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance
fees it receives with its member communities and
donates a portion of these issuance fees to the
Foundation for the support of local charities. With respect to the City of Richmond, it is expected that a portion of the issuance fee attributable to the City will be granted by the CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City.

AGENDA
REPORT
158

October 15, 2024
The acquisition transfer from the current owner to Sierra Ridge 3600, LLC will result in a one-time transfer tax
payment of $1,422,000 based on the anticipated purchase price of $47,400,000. With the increased number of
affordable units, staff also anticipates a decrease of
property tax revenue in the amount of $5,400 per year.

PREVIOUS COUNCIL
ACTION:

June 7, 2022

STATEMENT OF THE
ISSUE:

The California Municipal Finance Authority (“CMFA”)
requests that the City Council consider adopting a
Resolution approving the issuance of Tax Equity and
Fiscal Responsibility Act (“TEFRA”) revenue bonds, in an amount not to exceed $65,000,000, for the benefit of
Step Up Housing (the “Sponsor”), on behalf of Sierra Ridge 3600, LLC, or another ownership entity to be created by the Sponsor, or an affiliate of the Sponsor for the purpose of owning the project described herein (such LLC or other ownership entity being referred to herein as the “Borrower”) as part of a plan to finance or refinance the acquisition, rehabilitation, improvement and equipping of a
multifamily rental housing project located at 3600 Sierra Ridge Avenue, Richmond, California (the “Project”).

RECOMMENDED ACTION:

ADOPT a resolution approving the issuance of the bonds
by the California Municipal Finance Authority for the sole purpose of satisfying Tax Equity and Fiscal Responsibility Act requirements for the acquisition, rehabilitation,
improvement and equipping of a multifamily rental
housing project located at 3600 Sierra Ridge Avenue,
Richmond - Community Development Department (Lina
Velasco 510-620-6841).

DISCUSSION:

In June 2022, the City Council authorized the execution of a 30-year extension to the current Regulatory Agreement and Declaration of Restrictive Covenants related to this property. The proposed acquisition, rehabilitation, improvement and equipping of a multifamily rental housing development by California Municipal Finance Authority (CMFA) would not change the overall number of affordable units but would extend the period of time the units would be required to remain affordable from 2053 to 2054 or 2055, which would be 30 years from execution date.

159

October 15, 2024
California Municipal Finance Authority (CMFA)
The CMFA was created on January 1, 2004, pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 350 municipalities, including the City of Richmond, have become members of CMFA.

The CMFA was formed to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. The CMFA’s representatives and its Board of Directors have considerable experience in bond financings.

Project to be Financed
The Borrower requested that the CMFA serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $65,000,000 of qualified 501(c)(3) bonds.

The proceeds of the Bonds will be used to finance or refinance the acquisition, rehabilitation, improvement and equipping of a multifamily rental housing project located at 3600 Sierra Ridge Avenue, Richmond, California.

Project Summary
Align Finance Partners, LLC ("Align") and Sack Capital Partners, LLC ("Sack" and, together with Align, the "Project Administrator") represent Step Up Housing, a California nonprofit public benefit corporation ("Step Up"), in connection with Step Up's acquisition, financing and operation of a 240-unit multifamily project located at 3600 Sierra Ridge Avenue in Richmond, California, commonly known as "Vue at 3600" (the "Project").

Step Up plans to finance the acquisition of the Property through the issuance and sale of 501(c)(3) bonds. Step Up will use the proceeds of the bonds to pay the acquisition costs of the Project, finance the cost of certain capital improvements, fund certain reserves relating to the financing and/or the Project, and pay costs and expenses incidental to the issuance of the bonds.

Project
The Project consists of 240 units in nine residential buildings and one community building located on an approximate 12.06-acre parcel in Richmond, California. The approximate net rentable square footage of the Project is 176,868 square feet. The Project was constructed in 1990.

Regulatory Agreements
The Project is subject to an existing regulatory agreement (the "Existing Regulatory Agreement") with the Successor Agency to the Richmond Community Development Agency. The Existing Regulatory Agreement was entered into in 2010 and amended in 2022. The Existing Regulatory Agreement covers 40% of the units and provides that 20% of the units must be restricted to households earning 50% or less of the area 160

October 15, 2024
median income ("AMI") and 20% of the units must be restricted to households earning 80 percent or less of the AMI. Half of the units restricted to households earning 50 percent or less of the AMI (i.e., 10% of units), also have rent restrictions which limit rent to no more than 30 percent of 50 percent of the AMI. The Existing Regulatory Agreement expires in 2053.

At closing, the Project Administrator will record an additional regulatory agreement against the property (the "New Regulatory Agreement") restricting 20 percent of the units at the Project to tenants earning 50 percent or less of the AMI and 55 percent of the units at the Project to tenants earning 80 percent of the AMI, with corresponding rent restrictions. The remaining units in the Project (i.e., 25% of the Project) will not be restricted.

Units that count toward compliance with the Existing Regulatory Agreement can also count toward compliance with the New Regulatory Agreement.

The Tables A and B below show the affordable units under the existing and proposed regulatory agreements:

Table A: Existing Regulatory Agreement Affordable Units

# of
Units
% of
Project
50% AMI 80% AMI
24 10% Tenant Income Restrictions
only

24 10% Tenant Income and Rent
Restrictions

48 20% Tenant Income Restrictions
only
96 40%

Table B: Proposed New Regulatory Agreement Affordable Units

# of
Units
% of
Project
50% AMI 80% AMI
48 20% Tenant Income and Rent
Restrictions

132 55% Tenant Income and Rent
Restrictions
180 75%

161

October 15, 2024
Property Tax Exemption
The Project currently qualifies for a property tax exemption based on tenant income levels. The percentage of the Project that qualified for the property tax exemption since 2019 is as follows:

Tax Year Exemption %
2019-2020 73.8%
2021-2022 76.7%
2022-2023* 47.4%
2023-2024 75.3%
*Management at the Project did not finish its annual welfare exemption filing audit prior to the due date, resulting in a lower exemption than typically achieved.

Step Up plans to apply for a property tax exemption covering 75 percent of the Project throughout the projected hold period due to the recordation of the New Regulatory Agreement. Staff estimates this will result in a decrease of property tax revenue of $4,923 per year.

Property Improvements:

With respect to the rehabilitation work, Step Up Housing plans to make over $4 million in capital improvements and repairs. The foregoing includes interior unit upgrades, common area repairs and improvements, and addressing deferred maintenance.

Interior unit upgrades will be completed at unit turn to ensure that the units maintain quality. Currently, the condition of the units varies across the project. They estimate that each unit will require $5,000 in rehabilitation work for flooring, paint, cabinets, windows, etc. The exact scope will depend on the individual unit. They are budgeting $1.85 million ($7,708/unit) for interior rehab work.

Step Up Housing also plans to spend approx. $2.22 million on common area work to address deferred maintenance and upgrade common areas. Specifically, Step Up Housing will replace common area windows that are failing and causing leaks, repair water damage from leaky windows, reseal / restripe the parking lot to address cracking, and create greater accessibility to the leasing center.

Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing - October 11, 2024 As required by the Tax Equity and Fiscal Responsibility Act of 1982 (as set forth in Section 147 (f) of the Internal Revenue Code of 1986), in order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City must conduct a public hearing (the “TEFRA Hearing”) providing the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. City and CMFA staff held a public hearing on October 11, 2024, at 10 am 162

October 15, 2024
that was held via toll free number and was published on the City’s webpage for at least seven (7) days. At the TEFRA hearing, no comments were submitted for consideration.

The City Council must, in its discretion, decide whether to provide its approval of the issuance of the Bonds by CMFA for the financing of the Project.

SYNERGISTIC POLICIES:

Housing Element Program 1.K: Housing for Extremely Low-Income Households encourages the City to undertake efforts to assist in the acquisition or development of properties for housing affordable to low-income households including actively assisting and supporting developers with funding applications to support the development of extremely low-income housing, including facilitating funding of site acquisition and project construction through strategies such as issuance of tax-exempt bonds or other financing mechanisms to support land acquisition and/or construction of housing units affordable to extremely low-income households.

CONCLUSION:

City staff recommends that the City Council adopt a Resolution approving the issuance of bonds by the CMFA for the Project. In summary, the transfer will result in a substantial net benefit to the City, in view of the increase of 156 rent-restricted units, one-time property transfer tax revenues of $1.42 million, and essentially flat property tax revenues to the City going forward. It will be important that the City memorialize the proposed changes in affordability in the new regulatory agreement.

NEXT STEPS:

The new buyer has asked the City to consent to the transfer of the existing regulatory agreement to them. City staff is currently working with its outside legal counsel and financial advisor in reviewing this request to ensure the transferee demonstrates it has qualifications, experience and financial resources necessary to manage the project and otherwise fulfill the obligations in the City’s Regulatory Agreement.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
163

RESOLUTION NO._______________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND

APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY QUALIFIED 501(C)(3) BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $65,000,000 FOR THE PURPOSE OF FINANCING OR

REFINANCING THE ACQUISITION, REHABILITATION, IMPROVEMENT AND EQUIPPING OF VUE AT 3600 AND CERTAIN OTHER MATTERS RELATING

THERETO
WHEREAS, Sierra Ridge 3600, LLC (the “Borrower”) has requested that the California Municipal Finance Authority (the “Authority”) adopt a plan of financing providing for the issuance of qualified 501(c)(3) bonds as defined in Section 145 of the Internal Revenue Code of 1986 (the “Code” ) in one or more series issued from time to time, including bonds issued to refund such qualified 501(c)(3) bonds in one or more series from time to time, and at no time to exceed $65,000,000 in aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, rehabilitation, improvement and equipping of a multifamily rental housing project located at 3600 Sierra Ridge Avenue, Richmond, California (the “Project”); and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Richmond (the “City”) because the Project is located within the territorial limits of the City; and
WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is one of the “applicable elected representatives” required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Counc il approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; WHEREAS, pursuant to Section 147(f) of the Code, the City has, following notice duly given, held a public hearing regarding the issuance of the Bon ds, and City Council now desires to approve the issuance of the Bonds by the Authority; and WHEREAS, the public hearing was held on October 11, 2024 , and an opportunity was provided for interested persons to express their views on the issuance of the Bond s and on the nature and location of the Project.

NOW, THEREFORE, BE IT RESOLVED , by the City Council of the City of Richmond as follows:

Section 1. The foregoing resolutions are true and correct.

Section 2. The City Council hereby approves the issuance of the Bonds by the Authority.

It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in 164
which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.

Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

Section 5 . The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.

Section 6. This resolution shall take effect immediately upon its adoption.

*************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held October 15, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________________

CLERK OF THE CITY OF RICHMOND

Approved:

____________________

Mayor

Approved as to form:

____________________
City Attorney
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October 15, 2024

Community Development

DATE: October 15, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Lina Velasco, Director of Community Development
Richard Diaz, Emergency Services Manager
Nicole Health, Director of Contra Costa Hazardous
Materials Programs
Michael Dossey, Supervising Accidental Release
Prevention Engineer, Contra Costa Hazardous Materials
Program
SUBJECT: Richmond Industrial Safety Ordinance Amendments (RISO) Regarding Tank Terminals
FINANCIAL IMPACT: The proposed Ordinance amendments to include tank terminal storage facilities, if adopted, would align the City’s industrial safety ordinance with the County’s recent updates to their Industrial Safety Ordinance (ISO). The updated ordinance is not expected to have any fiscal
impact on the General Fund as staff costs associated
with implementation of this Ordinance will be covered by fees charged to tank storage facilities

PREVIOUS COUNCIL
ACTION:

June 3, 2014; June 17, 2014; July 1, 2014

STATEMENT OF THE
ISSUE:

In October 2019, a tank terminal facility located in
Crockett had a fire and explosion that necessitated a
shelter-in-place order. Following the investigation,
Contra Costa County staff began working with the tank
storage facility industry and stakeholders on developing updates to the Industrial Safety Ordinance language to
address issues identified in the incident investigation to enhance safety standards for tank terminals and
improving accidental release prevention. Since the City of Richmond houses half of the tank terminals within the County, staff seeks to amend the RISO to align with the AGENDA
REPORT
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October 15, 2024
County’s recently adopted requirements for similar tank terminals operating in the County’s jurisdiction.

RECOMMENDED ACTION: INTRODUCE an ordinance (first reading) amending Chapter 6.43 of the Richmond Municipal Code to include
specific requirements for tank terminals to afford
additional public safety and protections against
accidental releases from incidents - Community
Development Department (Lina Velasco/Richard Diaz
510-620-6841).

BACKGROUND:

On October 15, 2019, at around 1:48 pm, a fire and explosion occurred at the NuStar Facility involving two ethanol storage tanks. Both tanks, each holding less than 3,000 barrels of denatured ethanol, were static at the time. The facility was evacuated, and emergency response teams quickly arrived to control the blaze using water and firefighting foam. A grass fire on a nearby hillside was also extinguished with the help of aircraft.

By 3:11 pm, a Shelter in Place was ordered for the nearby community, and Interstate 80 was closed in both directions. The fire was extinguished by 7:00 pm, and the Shelter in Place was lifted at 7:38 pm. The incident destroyed two large storage tanks, each with a capacity of 200,000 barrels (8.4 million gallons).

An investigation led by the Contra Costa County Fire Protection District found that an electrical fault caused the incident. Recommendations arising from the investigation included ensuring proper grounding of automatic level gauge devices, using inert gas to pad tank head spaces, complying with relevant standards, and monitoring tanks for explosive conditions.

The fire and explosion at the NuStar Facility had immediate and potential long-term environmental impacts, including air and water contamination, soil disruption, and ecosystem damage. The subsequent regulatory response aims to address these issues by enhancing safety standards for tank terminals and improving accidental release prevention.

SUMMARY OF PROPOSED AMENDMENTS:

After the fire and explosion, a team was put together to investigate the incident. The team was led by Contra Costa County Fire Protection District. The investigation in addition to reviewing the details of the NuStar incident also evaluated similar incidents investigated by the US Chemical Safety and Hazards Investigation Board. The aim of the investigation was to identify the contributing factors of the incident.

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October 15, 2024
The incident investigation report identified an electrical fault as the cause of the incident and made the following recommendations:
 All automatic level gauge floats and tapes should be grounded in compliance with American Petroleum (API) 2003 and manufacturer’s recommendations. All gauge devices and transmitters should be grounded in compliance with manufacturer’s recommendations.
 Pad the head space in the tanks with an inert gas to mitigate the hazardous atmosphere within the tanks. This should be done in addition to removing all potential ignition sources.
 Overall compliance with all agency requirements and standards, including but not limited to the National Fire Protection Association (NFPA) and American Petroleum Institute (API).
 Tanks should be monitored for Lower Explosive Limit (LEL) conditions.

Contra Costa Health (CCH) Hazardous Materials Program staff reviewed the incident investigation report conclusions and worked with stakeholders to identify safety program elements which would be beneficial in accidental release prevention for Tank Terminals such as NuStar.

Based upon the conclusions, staff recommended to the Industrial Safety Ordinance/Community Warning System (ISO/CWS) Ad Hoc Committee of the Contra Costa County Board of Supervisors at the May 16, 2022, meeting that a revision be made to the Contra Costa County Industrial Safety Ordinance (ISO) to include Tank Terminals.

The Contra Costa County Board of Supervisor adopted similar amendments to those proposed in this ordinance to their Industrial Safety Ordinance in September 2024.

The draft ISO amendments include the following new definitions:
• "Ignitable liquid" means a flammable liquid or combustible liquid. • “Tank terminal” means at least one field erected tank with a minimum shell capacity of 50,000 gallons that contains a minimum of 10,000 pounds of flammable liquid, or the owner or operator thereof, on one or more contiguous properties. • "Tank terminal activities" mean any activity at a tank terminal involving an ignitable liquid, including but not limited to using, storing, blending, producing, gathering, refining, transferring, distributing, consuming, handling or moving an ignitable liquid. • "Tank terminal equipment" means equipment that is at a tank terminal and involved in tank terminal activities, and such equipment is under the control of the tank terminal owner or operator. This equipment includes, but is not limited to, tanks, pumps, piping, valves, and ancillary equipment.

The above definitions address gaps in current Federal, State, and local accidental release prevention programs by capturing ignitable liquids that were not previously captured, such as ethanol. CCH Hazmat has identified 8 facilities in the County that are considered tank terminals that could be subject to the new ISO section for Tank Terminals.
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October 15, 2024
In addition, the proposed amendments include nine (9) safety program elements for inclusion. Table 1 shows each element and provides a brief justification for inclusion.

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October 15, 2024
Figure 1 shows the approximate location of each facility in Richmond.

Within the County, there is one facility in the City of Martinez, three in unincorporated Contra Costa County, and four in the City of Richmond. The four (4) facilities in Richmond are: 1) TransMontaigne; 2) Kinder Morgan; 3) IMTT; and 4) Philips 66 Richmond Terminal.

A working group was established to draft proposed language for the Industrial Safety Ordinance which would be applicable to Tank Terminals that met the proposed criteria.

The working group is comprised of members from the community, members from facilities who would be covered by the proposed regulations, a representative from existing ISO facilities, agency representatives, and city representatives. This working group met monthly from September 2022 to January 2023 to develop the draft ISO language.

The proposed amendments would impose process safety requirements on tank terminals, with the intent of reducing the likelihood of industrial incidents. Modification of existing tank terminals or establishment of new tank terminals would each be separate discretionary projects subject to review under their own subsequent CEQA analysis.

As part of the amendments, staff is also updating Contra Costa Health’s name change from Contra Costa Health Services to Contra Costa Health. The amendments also include other minor clerical changes that were needed to align with current code references and to better align with Council ISO text.

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October 15, 2024
ENVIRONMENTAL ANALYSIS:

The adoption of the subject Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that this activity could have a significant effect on the environment.

DOCUMENTS ATTACHED:

Attachment 1 – Ordinance (Redline)
Attachment 2 – Ordinance (Clean)
171
ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING SPECIFIED SECTIONS OF RICHMOND MUNICIPAL CODE CHAPTER 6.43 RELATING TO INDUSTRIAL SAFETY

AT TANK TERMINALS

WHEREAS, on December 18, 2001, the City of Richmond (“City”) adopted an ordinance on Industrial Safety codified as Richmond Municipal Code (RMC) Chapter 6.43; and

WHEREAS, Section VII of Article XI of the California Constitution provides that a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and

WHEREAS, this ordinance amends specified sections of RMC Chapter 6.43 to impose additional measures to improve industrial safety. This ordinance updates the name change of Contra Costa Health Services to Contra Costa Health, adds section 6.43.095 concerning tank terminal safety requirements, adds new and amends certain existing definitions to section 6.43.050 to apply to tank terminals, amends multiple sections to expand their application to tank terminals, and makes other clarifying, administrative or non-substantive changes; and

WHEREAS, on October 15, 2019, an 8.7-million-gallon storage tank containing a small quantity of ethanol exploded at a petroleum tank terminal in the Crockett area of unincorporated Contra Costa County. The tank was one of 23 tanks at the facility, with a collective capacity of more than 3 million barrels. The roof of the tank that exploded blew off and landed on a second tank, which also exploded. A fire erupted at both tanks, and a vegetation fire ignited after the explosions spread over the property, resulting in a large column of smoke that could be seen for miles. Offsite impacts included the closure of Interstate 80, the shelter-in-place of the nearby community, and concerns about air quality in the surrounding area; and

WHEREAS, this incident, like other high-profile incidents at tank terminals in other states, highlight the risks associated with storage and transfer operations involving ignitable materials, and the importance of emergency response planning. Similarly, these incidents highlight the ne ed for effective safety programs to identify hazards, assess and manage risks, and establish safety protocols to prevent accidents and protect the environment and the surrounding communities. Tank terminals within Richmond are not currently subject to the California Accidental Release Prevention Program, the U.S.

Environmental Protection Agency’s risk management regulations, or Chapter 6.43 of the RMC because tank terminals, and the types of activities that take place there, do not fit the relevant criteria . The lack of adequate safety regulation appliable to tank terminals poses a threat to public health and safety and compel the adoption of the amendments to Chapter 6.43 set forth in this ordinance; and

WHEREAS, the City and Contra Costa Health’s Hazardous Materials Program (County) have worked together to utilize of the County’s expertise and qualified staff in the area of industrial safety to develop the proposed amendments; and

WHEREAS, the City and County staff worked together in a public process to develop the proposed amendments to the City’s and County’s Industrial Safety Ordinances; and

WHEREAS, the City Council finds and determines the adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that this activity could have a significant effect on the environment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND DOES ORDAIN AS FOLLOWS:

172
SECTION 1: The above recitals are true and correct and are incorporated herein.

SECTION 2: Chapter 6.43 entitled “Industrial Safety” Ordinance of the Richmond Municipal Code is hereby amended as follows:

Chapter 6.43 - INDUSTRIAL SAFETY

6.43.010 - Summary.

This chapter imposes regulations which supplement the requirements of California Health and Safety Code, Article 2 (commencing with Section 25531) of Chapter 6.95 concerning hazardous materials management by enacting measures to prevent and reduce the prob ability of accidental releases of regulated substances that have the potential to cause significant harm to the public health and increase participation by industry and the public to improve accident prevention. These measures include submission of a safet y plan to the City, stringent requirements for the contents of a safety plan and safety program, public review of the safety plan, authorization for the City to require changes in the safety plan or safety program, an expansion of the list of regulated sub stances beyond those covered by the Federal and State Accidental Release Prevention Program regulations and authorization for the City to expand audits and inspections to all units within the stationary source. Pursuant to this chapter, root cause analysis shall be required for all major chemical accidents or releases and a public outreach and information program shall be established.

6.43.020 - Background and findings.

The City Council of the City of Richmond finds as follows:
(a) Recent incidents at industrial chemical, petrochemical and oil industry facilities have prompted the consideration of reviews, inspections and audits that supplement existing Federal and State safety programs and the imposition of additional safety measures to protect public h ealth and safety from accidental releases.
(b) Section 112(r)(7) of the Clean Air Act (42 U.S.C.A. Section 7412(4)) required the Federal United States Environmental Protection Agency ("EPA") to promulgate the rule known as the "Risk Management Program," which is intended to prevent accidental releases of regulated substances, as defined in the Federal program, and reduce the severity of those releases that do occur. All facilities subject to this Federal regulation must prepare a risk management plan (RMP ), based on a risk management program established at the facility, that includes a hazard assessment of the facility, an accidental release prevention program and an emergency response program (40 CFR Section 68). The facility must submit the Federal RMP to the EPA by June 21, 1999 (40 CFR Section 68.150-68.185). The Federal RMP will be available to State and local government and the public. (c) The California Health and Safety Code, Article 2 (Section 25531 et seq.) of Chapter 6.95 was amended effective January 1, 1997, to implement the Federal EPA's risk management program rule with certain State-specific amendments. The State's risk management program is known as the California Accidental Release Prevention (CalARP) Program.
(d) The City recognizes that regulatory requirements alone will not guarantee public health and safety, and that the public is a key stakeholder in chemical accident prevention, preparedness and response at the local level. Preventing accidental releases of regulated substances is the shared responsibility of industry, government and the public. The first steps toward accident prevention are identifying the hazards and assessing the risks. Once information about chemical hazards in the community is openly shared, industry, government and the community can work together towards reducing the risk to public health and safety.
(e) The success of a safety program is dependent upon the cooperation of industrial chemical , petrochemical, and oil refining facilities within the City of Richmond. The public must be assured that measures necessary to prevent incidents are being implemented, including changes or actions required by the County of Contra Costa or the stationary source that are necessa ry to comply with this chapter.

6.43.030 - Purpose and goals.
173
The purpose of this chapter is to impose regulations which improve industrial safety by the following:
(a) Requiring the conduct of process hazard analyses for covered processes handling hazardous materials not covered by the Federal or State accidental release prevention programs; (b) Requiring the review of action items resulting from process hazard an alyses and requiring completion of those action items selected by the stationary source for implementation, within a reasonable time frame; (c) Requiring the review of accidental release prevention efforts of stationary sources and providing for the conduct of investigations and analyses for the determination of the root cause for certain incidents; (d) Providing review, inspection, auditing and safety requirements that are more stringent than those required in existing laws and regulations;
(e) Providing for public input into the safety plan and safety program and public review of any inspection and audit results;
(f) Facilitating cooperation amongbetween industry, the City of Richmond, the County of Contra Costa, local fire departments, Cal/OSHA, EPA, other agencies that have oversight of stationary sources or tank terminalsrefineries, and the public in the prevention and reduction of incidents at these facilitiesstationary sources;
(g) Expanding the application of certain provisions of the Federal and State accidental release prevention programs to processes not covered by the Federal or State accidental release prevention programs; (h) Verifying that an approved security and vulnerability study is performed, and that the recommendations are addressed within a reasonable time frame;.
(i) Requiring the development and implementation of a written human factors program; and (j) Preventing and reducing the number, frequency and severity of accidental releases in the City to the greatest extent feasible.; and Verifying that an approved security and vulnerability study is performed, and that the recommendations are addressed within a reasonable time fra me.

6.43.040 - Authority.

The ordinance codified in this chapter is adopted by the City pursuant to its police power for the purposes of protecting public health and safety by prevention of accidental releases of hazardous materials and to assure protection of the environment.

6.43.050 - Definitions.

For the purpose of this chapter, the definitions set forth in this section shall apply. Words used in this chapter not defined in this section shall have the meanings ascribed to them in the Clean Air Act R egulations (40 CFR 68.3) and in California Health and Safety Code Article 2 (Section 25531 et seq.) of Chapter 6.95 of Division 20, unless the context indicates otherwise.
(a) "Contra Costa Health Services" means Contra Costa County Health Services Director and any Director - authorized deputies.
(b) "Covered process" means any process at a stationary source. (c) "Feasible" means capable of being accomplished in a successful manner within a reasonable per iod of time, taking into account economic, environmental, legal, social , and technological factors. (d) "Hazard Category A materials" are substances which meet the Hazard Category A material definition as set forth in- Section 6.43.190(c)(1).
(e) "Hazard Category B materials" are substances which meet the Hazard Category B Material definition as set forth in- Section 6.43.190(c)(2).
(f) "Industry codes, standards and guidelines" means the edition of the codes, standards and guidelines in effect at the time of original design or construction for the design, construction, alteration, maintenance or repair of process units, industrial equipment or other industrial facilities, structures or buildings published 174
by, but not limited to, the American Petroleum Institute (API), the American Chemistry Council (ACC), the American Society of Mechanical Engineers (ASME) or the American National Standards Institute (ANSI), and meets recognized and generally accepted good engineering practices (RAGAGEP). (g) "Inherently safer systems" means "inherently safer design strategies" as discussed in the latest edition of the Center for Chemical Process Safety Publication "Inherently Safer Chemical Processes" and means feasible alternative equipment, processes, materials, la y-outs and procedures meant to eliminate, minimize or reduce the risk of a major chemical accident or release by modifying a process rather than adding external layers of protection. Examples include, but are not limited to, substitution of materials with lower vapor pressure, lower flammability or lower toxicity; isolation of hazardous processes; and use of processes which operate at lower temperatures and/or pressures. (h) "Major chemical accident or release" means an incident that meets the definition of a Level 3 or Level 2 Incident in the Community Warning System incident level classification system as defined in the Hazardous Materials Incident Notification Policy, as determined by Contra Costa Health ServicesContra Costa Health; or results in a release including, but not limited to, a release to air, water or soil of a regulated substance and meets one or more of the following criteria:
(1) Results in one or more fatalities;
(2) Results in at least twenty-four hours of hospital treatment of each of at least three persons; (3) Causes on- and/or off-site property damage (including clean-up and restoration activities) initially estimated at five hundred thousand dollars or more. (On-site estimates shall be performed by the stationary source. Off-site estimates shall be performed by appropriate agencies and compiled by Contra Costa Health ServicesContra Costa Health); or
(4) Results in a vapor cloud of flammables and/or combustibles that is more than five thousand pounds. (i) "Regulated substance" means:
(1) Any chemical substance which satisfies the provisions of California Health and Safety Code Section 25532(ig), as amended from time to time; or
(2) A substance which satisfies the provisions of Hazard Categories A or B in Section 6.43.190.

Mixtures containing less than one- percent of a regulated substance shall not be considered in the determination of the presence of a regulated material.
(j) "Risk management program" means the documentation, development, implementation and integration of management systems by the facility to comply with the regulations set forth in - 40- CFR Part 68 and the California Health and Safety Code, Article 2, of Chapter 6.95 of Division 20commencing with Section 25531.
(k) "RMP" means the risk management plan required to be submitted pursuant to the requirements of the - 40- CFR 68.150—68.185 and the California Health and Safety Code, Article 2 (Section 25531 et seq.) of Chapter 6.95 of Division 20.
(l) "Root cause" means prime reasons, such as failures of some management systems, that allow faulty design, inadequate training or improper changes, which lead to an unsafe act or condition, and result in an incident. If root causes were removed, the particular incident would not have occurred. (m) "Safety plan" means the safety plan required to be submitted to Contra Costa Health ServicesContra Costa Health pursuant to the requirements of- Section 6.43.090, or Section 6.43.095, of this chapter. (n) "Safety program" means the documentation, development, implementation and integration of management systems by athe stationary source or tank terminal to comply with the applicable safety requirements set forth in- Section 6.43.090 or Section 6.43.095. (o) "Stationary source" or "source" means a facility which includes at least one process as defined in - 40- CFR Section 68.10 that is subject to Federal risk management program level 3 requirements and whose primary North American Industry Classification System code (NAICS) is 324 (Petroleum and Coal Products Manufacturing) or 325 (Chemical Manufacturing) , or the owner or operator thereof. As used in Section 6.43.100, stationary source will be interpreted to also mean a tank terminal. 175
(p) "California accidental release prevention program" means the documentation, development, implementation, and integration of management systems by a facility to comply with the regulations set forth in California Code of Regulations, Title 19, Division 52, Chapter 2 4.5. (q) "Catastrophic release" means a major uncontrolled emission, fire, or explosion, involving one or more highly hazardous chemicals, that presents serious danger to employees in the workplace and/or the public.

As used in this section, "highly hazardous chemical" has the meaning ascribed to it in - 29- CFR 1910.119(b) as of May 21, 2003.
(r) "Human factors" means a discipline concerned with designing machines, operations, and work environments so that they match human capabilities, limitations, and needs. "Human factors" can be further referred to as environmental, organizational, and job factors, and human and indi vidual characteristics that influence behavior at work in a way that can affect health and safety. (s) "Human systems" means the systems, such as written and unwritten policies, procedures, and practices, in effect to minimize the existence/persistence of latent conditions at the stationary source. It also includes the broad area of safety culture of a stationary source to the extent that it influences the actions of individuals or groups of individuals.
(t) "Layer of protection analysis" (LOPA) means a semi-quantitative analysis of the risk of process hazards and the adequacy of safeguards against those hazards.
(u) "Process hazard analysis" (PHA) means a qualitative, semi -quantitative or quantitative analysis of a process, involving the identification of individual hazards of a process, determination of the mechanisms by which hazards could give rise to undesired events, and evaluation of the consequences of these events on health, property, and the environment.
(v) "Process safety performance indicators" are measurements of a stationary source's activities and other events that are used to evaluate the performance of process safety systems. (w) "Petroleum refinery" means a stationary source whose primary North American Industry Classification System Code (NAICS) is 32411 (petroleum refining) and is an establishment primarily engaged in petroleum refining as defined in NAICS code 32411 and used for the following:
(1) Producing transportation fuels (such as gasoline, diesel fuels, and jet fuels), heating fuels (such as kerosene, fuel gas distillate, and fuel oils), or lubricants; (2) Separating petroleum; or
(3) Separating, cracking, reacting, or reforming intermediate petroleum streams. (x) "Combustible liquid" means a liquid having a closed cup flash point at or above 100° F (38° C). (y) "Flammable liquid" means a liquid having a closed cup flash point below 100° F (38° C). (z) "Ignitable liquid" means a flammable liquid or combustible liquid. (aa) "Field erected tank" means an aboveground container constructed and/or erected on the site where it will be utilized.
(bb) "Tank terminal" means at least one field erected tank with a minimum shell capacity of 50,000 gallons that contains a minimum of 10,000 pounds of flammable liquid, or the owner or operator thereof, on on e or more contiguous properties.
(cc) "Tank terminal activities” mean any activity at a tank terminal involving an ignitable liquid, including but not limited to using, storing, blending, producing, gathering , refining, transferring, distributing, consuming, handling or moving an ignitable liquid.
(dd) "Tank terminal equipment" means equipment that is at a tank terminal and involved in tank terminal activities, and such equipment is under the control of the tank terminal owner or operator. This equipment includes, but is not limited to, tanks, pumps, piping, valves, and ancillary equipment.

6.43.060 - Administration.
176
Contra Costa Health ServicesContra Costa Health is charged with the responsibility of administering and enforcing this chapter.

6.43.070 - Applicability.
(a) This chapter shall apply to all stationary sources and tank terminals except as set forth in subsection (b). (b) To the extent that the following are stationary sources, they are exempt from the provisions of this chapter, except for Sections 6.43.090(c) and (e) and 6.43.100(f) and (g):
(1) Storage tanks containing a non-regulated substance, except for storage tanks that contain a material that has a flashpoint above 1410 °F and below 200 ° F in accordance with the combustible liquid definition of 49 CFR Section 173.120(b);
(2) Drum storage of: (A) a non-regulated substance; (B) less than 10,000 pounds of a Hazard Category B material located such that the drums could reasonably be expected to be involved in a single release; and (C) for a Hazard Category A material, located such that the drums could reasonably be expected to be involved in a single release, at less than the quantity specified as the threshold planning quantity on the Extremely Hazardous Substances list (Appendix A to - 40- CFR Chapter I, Subchapter J, Part 355, as amended from time to time) or 500 pounds, whichever is less; (3) Activities in process plant laboratories or laboratories that are under the supervision of a technically qualified individual as defined in Section 720.3(ee) of - 40- CFR. This exemption does not apply to specialty chemical production; manufacture, processing or use of s ubstances in pilot plant scale operations; and activities conducted outside the laboratory; (4) Utilities, except for fuel gas and natural gas systems to the battery limits of a process unit; and (5) Any waste tanks, containers or other devices subject to the Federal and State hazardous waste laws, including the Resource Conservation and Recovery Act (RCRA), -40- 40 CFR Chapter I, Subchapter I, commencing with Part 260, the California Hazardous Waste Control Law, California Health and Safety Code, commencing with Section 25100 and the California Code of Regulations, Title 22, Division 4.5, Environmental Health Standards for the Management of Hazardous Waste.

6.43.080 - Inspection.
(a) Contra Costa Health Services shall be allowed reasonable access to any part of athe stationary source or tank terminal as necessary to carry out the purposes, requirements and duties of this chapter, including reasonable access to review supporting documentation retained by the stationary source or tank terminal for the purpose of determining compliance with this chapter.
(b) Petroleum refineries shall fund the costs of a full-time qualified expert in refinery safety for each petroleum refinery (a full-time "accidental release prevention engineer"). The expert shall be selected and retained by Contra Costa Health ServicesContra Costa Health at Contra Costa Health ServicesContra Costa Health's discretion, to review, inspect, and audit the safety program at that refinery, and shall have access to the refinery's documentation and facilities as set forth in subsection (a). Petroleum refineries shall provide to Contra Costa Health ServicesContra Costa Health the level of funding required to hire a full-time accidental release prevention engineer on a contract basis or as a Contra Costa Health ServicesContra Costa Health employee at an amount comparable to engineer salaries in the refinery industry.

6.43.090 - Stationary source safety requirements.

The stationary source shall submit a safety plan to Contra Costa Health ServicesContra Costa Health within one year of the effective date of the ordinance codified in this chapter or within three years of the date a facility becomes a stationary source. The safety plan shall comply with the provisions of this section an d includes the safety elements listed in subsection (a) of this section. In addition, the stationary source shall comply with the safety requirements set forth in subsections (a) through (e), (i) and (j) of this section and shall include a description of t he manner of compliance with these subsections in the safety plan. A new covered process at an existing stationary source shall comply with subsections (a) through (e), (i) and (j) of this section prior to initial startup. 177
(a) Safety Program Elements. All covered processes shall be subject to the safety program elements listed below. The safety plan shall include a description of the manner in which these safety program elements listed below shall be applied to those covered processes. The se safety program elements shall be implemented in conformance with the California Accidental Release Prevention Program and the safety plan shall follow Chapters 5, 7,- 8- and- 9- of the Contra Costa Health ServicesContra Costa Health Department’s CalARP Program Guidance Document. The safety program elements shall include the following:
(1) Process Safety Information:
(A) The stationary source shall complete a compilation of written process safety information before conducting any process hazard analysis as required b y this chapter. The compilation of written process safety information is to enable the stationary source and the employees involved in operating the covered process to identify and understand the hazards posed by the covered process. This process safety information shall include information pertaining to the hazards of the regulated substances used or produced by the process, information pertaining to the technology of the process, information pertaining to the equipment in the process, and information pertaining to the hazards of the regulated substances in the process. (i) This information shall consist of at least the following: toxicity information; permissible exposure limits; physical data; reactivity data; corrosivity data; thermal and chemical stability data; and hazardous effects of inadvertent mixing of differen t materials that could foreseeably occur.
(ii) SMaterial safety data sheets meeting the requirements of Section 51 9489, Title 8 of California Code of Regulations may be used to comply with this requirement to the extent they contain the information required by this subsection. (iii) Information pertaining to the technology of the process shall include at least the following: a block flow diagram or simplified process flow diagram; process chemistry; maximum intended inventory; safe upper and lower limits for such items as temperatures, pressures, flows or compositions; and an evaluation of the consequences of deviations.

Where the original technical information no longer exists, such information may be developed in conjunction with the process hazard analysis in sufficient detail to support the analysis.
(iv) Information pertaining to the equipment in the process shall include: materials of construction; piping and instrument diagrams (P&IDs); electrical classification; relief system design and design basis; ventilation system design; design codes and standards employed; material and energy balances for processes built a fter the compliance date of this chapter; and safety systems (e.g., interlocks, detection or suppression systems). (B) The stationary source shall document that equipment complies with recognized and generally accepted good engineering practices.
(C) For existing equipment designed and constructed in accordance with codes, standards, or practices that are no longer in general use, the stationary source shall determine and document that the equipment is designed, maintained, inspected, tested, and operat ing in a safe manner. (2) Operating Procedures:
(A) The stationary source shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and shall address at least the following elements:
(i) Steps for each operating phase:, initial startup; normal operations; temporary operations; emergency shutdown, including the conditions under which emergency shutdown is required, and the assignment of shutdown responsibility to qualified operators to ensure that emergency shutdown is executed in a safe and timely manner; emergency operations; normal shutdown; and, startup following a turnaround, or after an emergency shutdown. 178
(ii) Operating Limits: consequences of deviation; and steps required to correct or avoid deviation.
(B) Safety and Health Considerations: properties of, and hazards presented by, the chemicals used in the process; precautions necessary to prevent expo sure, including engineering controls, administrative controls, and personal protective equipment; control measures to be taken if physical contact or airborne exposure occurs; quality control for raw materials and control of hazardous chemical inventory levels and any special or unique hazards. (C) Safety systems and their functions.
(D) Operating procedures shall be readily accessible to employees who work in or maintain a process.
(E) The operating procedures shall be reviewed as often as necessary to assure that they reflect current operating practice, including changes that result from changes in process chemicals, technology and equipment, and changes to stationary sources. The stationary source shall certify annually that these operating procedures are current and accurate. (F) The stationary source shall develop and implement safe work practices to provide for the control of hazards during operations such as lockout/tagout; confined space entry; operating opening process equipment or piping; and control over entrance into a stationary source by maintenance, contractor, laboratory, or other support personnel. These safe work practices shall apply to employees and contractor employees.
(3) Employee Participation:
(A) The stationary source shall develop a written plan of action regarding the implementation of the employee participation required by this chapter.
(B) The stationary source shall consult with employees and their representatives on the conduct and development of process hazards analyses and on the development of the other elements of the safety program in this chapter.
(C) The stationary source shall provide to employees and their representatives access to process hazard analyses and to all other information required to be devel oped under this chapter. (4) Training. For each employee in such covered process :
(A) Initial Training. Each employee presently involved in operating a covered process, and each employee before being involved in operating a newly assigned covered proce ss, shall be trained in an overview of the process and in the operating procedures as specified in subsection (a)(2)(A) of this section. The training shall include emphasis on the specific safety and health hazards, emergency operations including shutdown and safe work practices applicable to the employee's job tasks. In lieu of initial training for those employees already involved in operating a process, an owner or operator may certify in writing that the employee has the required knowledge, skills and abilities to safely carry out the duties and responsibilities as specified in the operating procedures.
(B) Refresher Training. Refresher training shall be provided at least every three years, and more often if necessary, to each employee involved in opera ting a covered process to assure that the employee understands and adheres to the current operating procedures of the covered process.

The stationary source, in consultation with the employees involved in operating the process, shall determine the appropriate frequency of refresher training. (C) Training Documentation. The stationary source shall ascertain that each employee involved in operating a process has received and understood the training required by this section. The stationary source shall prepare a record which contains the identity of the employee, the date of training, and the means used to verify that the employee understood the training. (5) Mechanical Integrity, Including the Use of Industry codes, standards Codes, Standards, and guidelines Guidelines.:
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(A) Application. Paragraphs (B) through (F) of this subsection apply to the following process equipment: pressure vessels and storage tanks; piping systems (including piping components such as valves); relief and vent systems and devices; emergency shutdo wn systems; controls (including monitoring devices and sensors, alarms and interlocks) and pumps. (B) Written Procedures. The stationary source shall establish and implement written procedures to maintain the on-going integrity of process equipment.
(C) Training for Process Maintenance Activities. The stationary source shall train each employee involved in maintaining the on-going integrity of process equipment in an overview of that process and its hazards and in the procedures applicable to the employ ee's job tasks to assure that the employee can perform the job tasks in a safe manner. (D) Inspection and Testing.
(i) Inspections and tests shall be performed on process equipment. Inspection and testing procedures shall follow recognized and generally accepted good engineering practices.

The frequency of inspections and tests of process equipment shall be consistent with applicable manufacturers' recommendations and good engineering practices, and more frequently if determined to be necessary by prior operating experience. The stationary source shall document each inspection and test that has been performed on process equipment. The documentation shall identify the date of the inspection or test, the name of the person who performed the inspection or t est, the serial number or other identifier of the equipment on which the inspection or test was performed, a description of the inspection or test performed, and the results of the inspection or test. (E) Equipment Deficiencies. The stationary source sha ll correct deficiencies in equipment that are outside acceptable limits (defined by the process safety information in subsection (a)(1) of this section) before further use or in a safe and timely manner when necessary means are taken to assure safe operation.
(F) Quality Assurance. In the construction of new plants and equipment, the stationary source shall assure that equipment as it is fabricated is suitable for the process application for which they will be used. Appropriate checks and inspections shal l be performed to assure that equipment is installed properly and consistent with design specifications and the manufacturer's instructions. The stationary source shall assure that maintenance materials, spare parts and equipment are suitable for the proce ss application for which they will be used. (6) Management of Change:
(A) The stationary source shall establish and implement written procedures to manage changes (except for "replacements in kind") to process chemicals, technology, equipment and procedures; and changes to stationary sources that affect a covered process. (B) The procedures shall assure that the following considerations are addressed prior to any change: the technical basis for the proposed change; impact of change on safety and healt h; modifications to operating procedures; necessary time period for the change; and authorization requirements for the proposed change. The procedures shall also require identification and analysis of inherently safer systems as required by subsection (i) of this section. (C) Employees involved in operating a process and maintenance and contract employees whose job tasks will be affected by a change in the process shall be informed of, and trained in, the change prior to start-up of the process or affected part of the process. (D) If a change covered by this section results in a change in the process safety information required by subsection (a)(1) of this section, such information shall be updated accordingly. (E) If a change covered by this section results in a change in the operating procedures or practices required by subsection (a)(2) of this section, such procedures or practices shall be updated accordingly.
(7) Pre-startup Reviews:
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(A) The stationary source shall perform a pre-startup safety review for new stationary sources and for modified stationary sources when the modification is significant enough to require a change in the process safety information.
(B) The pre-startup safety review shall confirm that prior to the introduction of reg ulated substances to a covered process: construction and equipment is in accordance with design specifications; safety, operating, maintenance and emergency procedures are in place and are adequate; for new covered processes, a process hazard analysis has been performed and recommendations have been resolved or implemented before startup; and modified covered processes meet the requirements contained in management of change, subsection (a)(6) of this section; and training of each employee involved in operat ing a process has been completed. (8) Compliance Audits:
(A) The stationary source shall certify that they haveit has evaluated compliance with the provisions of this section at least every three years to verify that the procedures and practices developed under this chapter are adequate and are being followed. (B) The compliance audit shall be conducted by at least one person knowledgeable in the process. (C) A report of the findings of the audit shall be developed. (D) The stationary source shall promptly determine and document an appropriate response to each of the findings of the compliance audit, and document th at deficiencies have been corrected. (E) The stationary source shall retain the two most recent compliance audit reports. (9) Incident Investigation:
(A) The stationary source shall investigate each incident which resulted , orin or could reasonably have resulted, in a catastrophic release of a regulated substance. (B) An incident investigation shall be initiated as promptly as possible, but not later than 48 hours following the incident.
(C) An incident investigation team shall be established and consist of at least one person knowledgeable in the covered process involved, including a contract employee if the incident involved work of the contractor, and other persons with appropriate knowledge and experience to thoroughly investigate and analyze the incident.
(D) A report shall be prepared at the conclusion of the investigation which includes at a minimum: date of incident; date investigation began; a description of the incident; the factors that contributed to the incident; and recommendations resulting from the investigation. The written summary shall indicate whether the cause of the incident and/or recommendations resulting from the investigation are specific only to the process or equipment involved in the incident, or are applicable to other processes or equipment at the stationary source. The incident investigation report shall be made available to Contra Costa Health ServicesContra Costa Health upon request.
(E) The stationary source shall establish a system to promptly address and resolve the incident report findings and recommendations. As part of this system, inherently safer systems shall be identified and analyzed as required by subsection (i) of this se ction. Resolutions and corrective actions shall be documented.
(F) The report shall be reviewed with all affected personnel whose job tasks are relevant to the incident findings, including contract employees where applicable. (G) Incident investigation reports shall be retained for five years. (10) Hot Work:
(A) The stationary source shall issue a hot work permit for hot work operations conducted on or near a covered process.
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(B) The permit shall document that the fire prevention and protection requirements in Section 5189 of Title 8 of California Code [of] Regulations have been implemented prior to beginning the hot work operations; it shall indicate the date(s) authorized for hot work; and identify the object on which hot work is to be performed. The permit shall be kept on file until completion of the hot work operations.
(11) Contractors:
(A) Application. This section applies to contractors performing maintenance or repair, turnaround, major renovation, or specialty work on or adjacent to a covered process. It does not apply to contractors providing incidental services which do not influence process safety, such as janitorial work, food and drink services, laundry, delivery or other supply services. (B) Stationary Source Responsibilities:
(i) The stationary source, when selecting a contractor, shall obtain and evaluate information regarding the contract owner or operator's safety performance and programs. (ii) The stationary source shall inform contract owner or operator of the known potential fire, explosion, or toxic release hazards related to the contractor's work and the process. (iii) The stationary source shall explain to the contract owner or operator the applicable provisions of the emergency response program subsection (a)(12) of this section. (iv) The stationary source shall develop and implement safe work practices consistent with subsection (a)(2) of this section, to control the entrance, presence, and exit of the contract owner or operator and contract employees in covered process areas. (v) The stationary source shall periodically evaluate the performance of the contract owner or operator in fulfilling their obligations as specified in subsection (a)(11)(C) of this section.
(C) Contract owner or operator responsibilities:
(i) The contract owner or operator shall assure that each contract employee is trained in the work practices necessary to safely perform his/her job. (ii) The contract owner or operator shall assure that each contract employee is instructed in the known potential fire, explosion or toxic release hazards related to his/her job and the process, and the applicable provisions of the emergency action plan. (iii) The contract owner or operatorion shall document that each contract employee has received and understood the training required by this section. The contract owner or operator shall prepare a record which contains the identity of the contract employ ee, the date of training, and the means used to verify that the employee understood the training. (iv) The contract owner or operator shall assure that each contract employee follows the safety rules of the stationary source including the safe work pract ices required by subsection (a)(2) of this section.
(v) The contract owner or operator shall advise the stationary source of any unique hazards presented by the contract owner or operator's work, or of any hazards found by the contract owner or operator's work.
(12) Emergency Response Program:
(A) The stationary source shall develop and implement an emergency response program for the purpose of protecting public health and the environment. Such program shall include the following elements:
(i) An emergency response plan, which shall be maintained at the stationary source and contain at least the following elements: procedures for informing the public and local emergency response agencies about accidental releases, emergency planning , and emergency response; documentation of proper first- aid and emergency medical treatment 182
necessary to treat accidental human exposures ; and procedures and measures for emergency response after an accidental release of a regulated substance; (ii) Procedures for the use of emergency response equipment and for its inspection, testing , and maintenance, including documentation of inspection, testing, and maintenance ; (iii) Training for all employees in relevant procedures and the incident command system; and
(iv) Procedures to review and update, as appropriate, the emergency response plan to reflect changes at the stationary source and ensure that employees are informed of changes. (B) A written plan that complies with other Federal contingency plan regulations or is c onsistent with the approach in the National Response Team's Integrated Contingency Plan Guidance ("One Plan") and that, among other matters, includes the elements provided in subsection (a)(12)(A) of this section, shall satisfy the requirements of this sec tion if the stationary source also complies with subsection (a)(12)(C) of this section. (C) The emergency response plan developed under this section shall be coordinated with the community emergency response plan developed under Section 11003 of Title 42 of the United States Code (U.S.C.). Upon request of the local emergency planning committ ee or emergency response officials, the stationary source shall promptly provide to the local emergency response officials information necessary for developing and implementing the community emergency response plan.
(D) The stationary source whose employees will not respond to accidental releases of regulated substances need not comply with subsections (a)(12)(A) through (a)(12)(C) of this section provided that they meet the following:
(i) For stationary sources with any regulated toxic substance held i n a process above the threshold quantity, the stationary source is included in the community emergency response plan developed under Section 11003 of Title 42 of the United States Code (U.S.C.); or
(ii) For stationary sources with only regulated flammable substances held in a process above the threshold quantity, the stationary source had has coordinated response actions with the local fire department; and
(iii) Appropriate mechanisms are in place to notify emergency responders when there is a need for a response.
(13) Safety Program Management:
(A) The owner or operator of a stationary source subject to this chapter shall develop a management system to oversee the implementation of the safety program elements. (B) The owner or operator shall assign a qualified person or position that has the overall responsibility for the development, implementation, and integration of the safety program elements.
(C) When responsibility for implementing individual requirements of this chapter is assigned to persons other than the person identified under subsection (a)(13)(b) of this section, the names or positions of these people shall be documented and the lines of authority defined through an organization chart or similar document.
(D) Process Safety Performance Indicators:
(i) No later than September 30, 2014, Contra Costa Health ServicesContra Costa Health shall develop a list of stationary source activities and other events to be measured by each stationary source in order to evaluate the performance of process safety systems. This list is the "event list." Each stationary source shall measure these activi ties and other events and document the measurements. These documented measurements are "common process safety performance indicators." No later than SeptemberJune 30 of each year after 2014, 183
each stationary source will report to Contra Costa Health ServicesContra Costa Health the common process safety performance indicators recorded by the stationary source in the prior calendar year. Contra Costa Health ServicesContra Costa Health will include these common process safety performance indicators in the annua l performance review and evaluation report required by Section 6.43.160 of this chapter. (ii) Contra Costa Health ServicesContra Costa Health shall review the event list at least once every three years to determine if it should be revised. If Contra Costa Health ServicesContra Costa Health determines that a new activity or other event will be added to the event list, stationary sources shall report to Contra Costa Health ServicesContra Costa Health the new common process safety performance indicator(s) by SeptemberJune 30 of the next year following the revision of the event list. (iii) No later than September 30, 2014, each stationary source shall develop a list of site - specific activities and other events that it will measure in order to evaluate the performance of its process safety systems. Each stationary source shall document these site-specific process safety performance indicators and make this documentation available to Contra Costa Health ServicesContra Costa Health during an audit or inspection and upon request.
(b) Human Factors Program. Stationary sources shall develop a written human factors program that follows Section B of the Contra Costa County Safety Program Guidance Document (which is adopted herein by this reference). The program shall be developed within one year following the effective date of the ordinance codified in this chapter.
(1) Stationary sources shall develop a written human factors program that follows Section B of the Contra Costa County Safety Program Guidance Document (which is adopted herein by this reference). The program shall be developed within one year following the issuance of the county guidance documents, the effective date of the ordinance codified in this chaptersection, or as otherwise allowed by this chapter, whichever is later . The human factors program shall address:
(A) The inclusion of human factors in the process hazards analysis process; (B) The consideration of human systems as causal factor s in the incident investigation process for major chemical accidents or releases or for an incident that could reasonably have resulted in a major chemical accident or release;
(C) The training of employees in the human factors program; (D) Operating procedures;
(E) Maintenance safe work practice procedures and maintenance procedures for specialized equipment, piping, and instruments, no later than February 1, 2015, unless a compelling case can be made by the stationary source that compliance by that date is significantly impracticable, in which case the Richmond City Manager or designee may extend the deadline up to one year, subject to appeal to the Richmond City Council; and (F) The requirement to conduct a management of change prior to staffing c hanges or changes in permanent staffing levels/reorganization in operations , maintenance, health and safety, or emergency response. This requirement shall also apply to stationary sources using contractors in permanent positions in operations and maintenance. Prior to conducting the management of change, the stationary source shall ensure that the job function d escriptions are current and accurate for the positions under consideration. Staffing changes that last longer than 90 days are considered permanent. Temporary changes associated with strike preparations shall also be subject to this requirement. Employees and their representatives shall be consulted in the management of change.
(2) Employees and their representatives shall participate in the development of the written human factors program.
(3) The program shall include, but not be limited to, issues su ch as staffing, shiftwork and overtime. 184
(4) A description of the human factors program subsections (b)(1) through (b)(3) above shall be included in the safety plan prepared by the stationary source. (c) Root Cause Analysis and Incident Investigation.
(1) Stationary sources shall conduct a root cause analysis for each major chemical accident or release which occurs after the effective date of the ordinance codified in this chapter. Stationary sources shall periodically update Contra Costa Health ServicesContra Costa Health of facts related to the release or incident, and the status of a root cause analysis conducted pursuant to this section, at meetings scheduled by Contra Costa Health ServicesContra Costa Health in cooperation with the stationary source. To the maximum extent feasible, Contra Costa Health ServicesContra Costa Health and the stationary source shall coordinate these meetings with other agencies with jurisdiction over the stationary source. Within thirty days of completing a root cause ana lysis performed pursuant to this section, the stationary source shall submit to Contra Costa Health ServicesContra Costa Health a final report containing that analysis, including recommendations to be implemented to mitigate against the release or incident reoccurring, if any, and a schedule for completion of resulting recommendations. The stationary source shall also comply with subsection (i)(1)(E) of this section, if applicable. Contra Costa Health ServicesContra Costa Health may require the stationary source to submit written, periodic update reports at a frequency not to exceed every thirty days until the final report is submitted. The methodology of the root cause analysis shall be one of the methodologies recognized by the Center for Chemical Process Safety or shall be reviewed by Contra Costa Health ServicesContra Costa Health to determine substantial equivalency. (2) Contra Costa Health ServicesContra Costa Health may elect to do its own independent root cause analysis or incident investigation for a major chemical accident or release. If Contra Costa Health ServicesContra Costa Health elects to conduct a root cause analysis or incident investigation, the stationary source shall cooperate with Contra Costa Health ServicesContra Costa Health by providing the following access and information in a manner consistent with the safety of Build ing Official and stationary source personnel and without placing undue burdens on the operation of the stationary source:
(A) Allow Contra Costa Health ServicesContra Costa Health to investigate the accident site and directly related facilities such as control rooms, physical evidence and where practica blel the external and internal inspection of equipment;
(B) Provide Contra Costa Health ServicesContra Costa Health with pertinent documentation; and (C) Allow Contra Costa Health ServicesContra Costa Health to conduct independent interviews of stationary source employees, subject to all rights of the stationary source and employees to be represented by legal counsel and/or management and union representatives during such interviews. If in the course of Contra Costa Health ServicesContra Costa Health's root cause analysis or incident investigation access is required to areas of the stationary source which in the judgment of the stationary source require personnel entering the area to use protective equipment and/or have specialized training, Contra Costa Health ServicesContra Costa Health shall provide its personnel with such equipment and training. To the maximum extent feasible Contra Costa Health ServicesContra Costa Health shall coordinate any root cause analysis or incident investigation it conducts with investigations conducted by other agencies with jurisdiction over the stationary source to minimize the adverse impacts on the stationary source and/or its employees.
(3) No part of the conclusions, findings or recommendations of the root cause analysis conducted by Contra Costa Health ServicesContra Costa Health or stationary source, or incident investigation conducted by Contra Costa Health ServicesContra Costa Health, relating to any major chemical accident or release or the investigation thereof shall be admitted as evidence or used in any action or suit for damages arising out of any matter mentioned in such report. (4) If Contra Costa Health ServicesContra Costa Health issues a root cause analysis report, the stationary source shall comply with subsection (i)(1)(E) of this section if applicable. (d) Process Hazard Analysis/Action Items.
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(1) Process hazard analyses will be conducted for each of the covered processes according to one of the following methods: What-if, Checklist, What-If/Checklist, Hazard and Operability Study (HAZOP), Failure Mode and Effects Analysis (FMEA), Fault Tree Analysis or an appropriate equivalent methodology approved by Contra Costa Health ServicesContra Costa Health prior to conducting the process hazard analysis. The PHA shall be appropriate to the complexity of the covered process and shall identify, evaluate, and control the hazards involved in the covered process. The PHA shall address: the hazards of the process; the identification of any previous incident which had a likely potential for catastrophic consequences; engineering and administrative controls applicable to the hazards and their interrelationships such as appropriate application of detection methodolog ies to provide early warning of releases (acceptable detection methods might include process monitoring and control instrumentation with alarms, and detection hardware such as hydrocarbon sensors); consequences of failure of engineering and administrative controls; covered process and stationary source siting; human factors and a qualitative evaluation of a range of the possible safety and health effects of failure of controls. Process hazard analyses should also include consideration of external events for seismic analyses, which are only required when criteria listed in Section 6.43.09(d)(2) are satisfied. All process hazard analyses shall be performed by a team with expertise in engineering and process operations, and the team shall include at least one e mployee who has experience and knowledge specific to the process being evaluated. Also, one member of the team must be knowledgeable in the specific PHA methodology being used. (2) The process hazard analyses shall be conducted within one year of the eff ective date of the ordinance codified in this chapter and no later than the submittal date of the safety plan. Previously completed process hazard analyses that comply with the California Code of Regulations, Title 8, Section 5189, and/or the California Code of Regulations, Title 19, Section 51002760.2 are acceptable for the purposes of this chapter. Process hazard analyses shall be updated and revalidated at least once every 5 years after completion of the initial process hazard analysis. Updated and revalidated process hazard analyses completed to comply with the California Code of Regulations, Title 8, Section 5189, and/or the California Code of Regulations, Title 19, Section 51002760 are acceptable for meeting the update and revalidation requirement. Ext ernal events, including seismic events, shall be considered for processes containing a substance defined in the California Code of Regulations, Title 19, Chapter 24.51, Section 5130.62770.5, if the distance to the nearest public receptor for a worst case release scenario specified by the California Code of Regulations, Title 19, Chapter 24.5, Section 50802750.3 is beyond within the distance to a toxic or flammable endpoint as defined in California Code of Regulations, Title 19, Chapter 24.5, Section 50802750.2(a). (3) For all covered processes, the stationary source shall document the decision made to implement or not implement all PHA recommended action items and the results of recommendations for additional study. The stationary source shall complete recommended actions from the initial PHA and from PHA revalidations, identified by the process hazard analysis and selected for implementation by the stationary source as follows: all actions not requiring a process shutdown shall be completed within one year after the completion of the PHA; all actions requiring a process shutdown shall be completed during the first regularly scheduled turnaround of the applicable process subsequent to one year after the completion of the PHA unless the stationary source demonstrates to the satisfaction of Contra Costa Health ServicesContra Costa Health that such a schedule is infeasible. For recommended actions not selected for implementation, the stationary source shall include the justification for not implementing the r ecommended action. For all covered processes, the stationary source shall retain documentation of closure, and any associated justifications, of actions identified by the PHA. The stationary source shall communicate the actions to operating, maintenance, and other employees whose work assignments are in the process and who may be affected by the recommendations or actions.
(e) Accident History.
(1) The stationary source shall include an accident history in the safety plan of all major chemical accidents or releases from June 1, 1992, through the date of safety plan submittal to Contra Costa Health ServicesContra Costa Health. For each major chemical accident or release the stationary source shall report the following information, to the extent known:
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Date, time and approximate duration of the release;
Chemicals released;
Estimated quantity released in pounds;
Type of release event and its source;
Weather conditions at the time of the release;
On-site impacts;
Known off-site impacts;
Initiating event and contributing factors;
Root cause(s);
Whether off-site responders were notified; and
Operational or process changes that resulted from the investigation of the release. (2) The stationary source shall annually submit a report of the accident history to Contra Costa Health ServicesContra Costa Health. The first report shall be due two years after the effective date of the ordinance codified in this chapter, and subsequent reports shall be due on the anniversaries of the effective date of the ordinance codified in this chapter by September 30 of each year. (f) Certification. The owner or operator shall submit in the safety plan a single certification that, to the best of the signer's knowledge, information, and belief formed after reasonable inquiry, the information submitted is true, accurate, and complete.
(g) Security and Vulnerability Assessment. Each stationary source shall perform and document a security and vulnerability assessment as defined in the Contra Costa County CalARP program guidance document, within one year of the effective date of the ordinance codified in this chapter, and at least once every five years after the initial assessment, or as prescribed by Federal regulation. The stationary source shall document its process for assuring that recommendations are addressed. (h) Safety Culture Assessment. The stationary source shall conduct a safety culture assessment. The assessment shall be based upon a method listed in the Contra Costa County ISO SafetyCalARP Pprogram guidance document or shall be reviewed by Contra Costa Health ServicesContra Costa Health to determine substantial equivalency. The initial assessment shall be performed by one year following the revisions to the Industrial Safety Ordinance guidance document that addresses the safety culture assessment, and at least once every five years there after. The safety culture assessment will be reviewed during the audit and inspection of the stationary source. Contra Costa Health ServicesContra Costa Health may perform its own safety culture assessment after a major chemical accident or release or the occurrence of any incident that could reasonably have led to a major chemical accident or release, or based on Contra Costa Health ServicesContra Costa Health audit results of the stationary source. (i) Inherently Safer Systems Analysis.
(1) AThe stationary source shall conduct an inherently safer systems analysis (ISAA) for each covered process as follows:
(A) The stationary source shall conduct an ISAA on existing covered processes every five years. (B) The stationary source shall conduct an ISSA in the development and analysis of recommended action items identified in a PHA.
(C) Effective September 30, 2014, whenever a major change is proposed at a facility that could reasonably result in a major chemical accident or release, the stationary sour ce shall conduct 187
an ISAA as part of a management of change review required by subsection (a)(6)(B) of this section.
(D) If an incident occurs on or after September 30, 2014, an investigation of the incident is conducted pursuant to subsection (a)(9)(A) o f this section and the incident investigation report recommends a major change that could reasonably result in a major chemical accident or release, the stationary source shall commence and complete an ISSA of the recommend ed major change as soon as administratively practicable after completion of the incident investigation report.
(E) If an incident occurs on or after September 30, 2014, a root cause analysis of the incident is conducted as required by subsections (c)(1) or (c)(2) of this section, and th e root cause analysis report or an associated incident investigation report recommends a major change that could reasonably result in a major chemical accident or release, the stationary source shall commence an ISSA of recommended major change as soon as administratively practicable after completion of the root cause analysis report.
(F) The stationary source shall conduct an ISSA during the design of new processes, process units and facilities. Immediately upon completion of the ISSA report referred to in subsection (i)(2) of this section, the stationary source shall advise Contra Costa Health ServicesContra Costa Health of the availability of the ISSA report.
(2) The stationary source shall prepare a written report documenting each ISSA within thirty days of completion of the ISSA and make the report available to Contra Costa Health ServicesContra Costa Health during an audit or inspection and upon request. Th e ISSA report must contain, at a minimum, the following information:
(A) Identification and a description of the inherently safer system(s) analyzed in the ISSA; (B) A description of the methodology used to analyze the inherently safer system(s); (C) The conclusions of the analysis;
(D) The rationale for the conclusions; and
(E) An action plan, including a timeline to implement the inherently safer system(s) recommended in the ISSA.
(3) The stationary source shall select and implement each inher ently safer system identified in an ISSA report to the greatest extent feasible and as soon as administratively practicable. If a stationary source concludes that implementation of an inherently safer system is not feasible, the stationary source shall document the basis for this conclusion in meaningful detail. The documentation shall include sufficient evidence to demonstrate to Contra Costa Health ServicesContra Costa Health's satisfaction that implementing the inherently safer system is not feasible and the reasons for this conclusion. A claim that implementation of an inherently safer system is not feasible shall not be based solely on evidence of reduced profits or increased costs. (j) Safeguard Protection Analysis.
(1) Effective September 30, 2014, a stationary source shall conduct a Layer of Protection Analysis or an alternative type of analysis approved by Contra Costa Health ServicesContra Costa Health that uses a quantitative, qualitative or equivalent semi -quantitative method to determine the effectiveness of existing safeguards and safeguards recommended in a PHA to reduce the probability and/or severity of a catastrophic release. The safeguard protection analysis may be a standalone analysis or incorporated within a PHA.
(2) The stationary source shall complete the safeguard protection analysis no later than June 30, 2019.

A safeguard protection analysis that was completed by a stationary source within five years prior to June 30, 2019, in accordance with the standards set forth in subsectio n (j)(1) of this section, will be deemed to comply with this requirement. The stationary source shall update and revalidate the safeguard protection analysis at least once every five years. 188
(3) All safeguard protection analyses shall be performed by a te am with expertise in engineering and process operations. The team shall include at least one employee who has experience and knowledge specific to the safeguards and one member who is knowledgeable about the specific safeguard protection analysis method used.
(4) The stationary source shall prepare a written report that documents the safeguard protection analysis in accordance with the standard of practice applicable to the type of analysis conducted.

The stationary source will complete the report within thirty days after the completion of the safeguard protection analysis and make the report available to Contra Costa Health during an audit or inspection and upon request.

6.43.095 Tank terminal safety requirements.

The tank terminal shall submit to Contra Costa Health a safety plan that includes the safety elements listed in subsection (a), within one and a half years after the effective date of the ordinance adding Section 6.43.095 to this chapter, within one and a half years after Contra Costa Health first issues a safety program guidance document for tank terminals, or within one and a half years after a tank terminal becomes subject to this section, whichever is later. In addition, the tank terminal shall comply with the safety requirements set fo rth in subsections (a) through (c) and shall include a description of the manner of compliance with the safety program elements in subsection (a) in the safety plan. Any new tank terminal equipment at an existing tank terminal shall comply with subsections (a) through (c) prior to introduction of an ignitable liquid into that equipment. (a) Safety Program Elements. All tank terminal activities and tank terminal equipment shall be subject to the safety program elements listed below. The safety plan shall include a description of the manner in which these safety program elements listed shall be applied to the tank terminal. These safety program elements shall be implemented in conformance with Contra Costa Health ServicesContra Costa Health’s safety program guidance document for tank terminals.
(1) Safety Information.
(A) The tank terminal shall complete a compilation of written safety information before conducting any hazard review as required by this chapter. The compilation of written safety information enables the tank terminal and the employees involved in tank terminal activities to identify and understand the hazards posed by these activities. This safety information shall include information pertaining to the hazards of the tank terminal activities and information pertaining to the hazards of the ignitable liquid s contained in tank terminal equipment. (i) The safety information required under subsection (a)(1)(A) shall consist of at least the following:

Toxicity information; permissible exposure limits; physical data; reactivity data; corrosivity data; thermal an d chemical stability data; and hazardous effects of inadvertent mixing of different materials that could foreseeably occur. Safety data sheets meeting the requirements of Section 5194, Title 8 of California Code of Regulations may be used to comply with this requirement to the extent they contain the information required by this subsection. (ii) Information pertaining to the tank terminal activities shall include at least the following: A block flow diagram or simplified process flow diagram; maximum inten ded inventory; safe upper and lower limits for such items as temperatures, pressures, flows, levels or compositions; and an evaluation of the consequences of deviations.

Where the original technical information no longer exists, such information may be dev eloped in conjunction with the hazard review in sufficient detail to support the analysis. (iii) Information pertaining to the tank terminal equipment shall include materials of construction; P&ID’s; electrical classification; relief system design and des ign basis; design codes and standards employed; and safety systems (e.g., interlocks, detection or suppression systems). (B) The tank terminal shall document that tank terminal equipment complies with recognized and generally accepted good engineering practices.
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(C) For existing tank terminal equipment designed and constructed in accordance with codes, standards, or practices that is no longer in general use, the tank terminal shall determine and document that the equipment is designed, maintained, inspected, tested, and operating in a safe manner. (2) Operating Procedures.
(A) The tank terminal shall develop and implement written operating procedures that provide clear instructions for safely conducting tank terminal activities consistent with the safet y information and shall address at least the following elements:
(i) Steps for each operating phase: Initial startup; normal operations; temporary operations; emergency shutdown, including the conditions under which emergency shutdown is required, and the assignment of shutdown responsibility to qualified operators to ensure that emergency shutdown is executed in a safe and timely manner; emergency operations; normal shutdown; and startup following a maintenance outage or after an emergency shutdown.
(ii) Operating limits: Consequences of deviation; and steps required to correct or avoid deviation. (B) Safety and Health Considerations. Properties of, and hazards presented by, the ignitable liquids contained in tank terminal equipment; precautions necessar y to prevent exposure, including engineering controls, administrative controls, and personal protective equipment; control measures to be taken if physical contact or airborne exposure occurs; quality control for raw materials and control of hazardous inve ntory levels; and, any special or unique hazard.
(C) Operating procedures shall be readily accessible to employees who operate or maintain tank terminal equipment.
(D) Operating procedures shall be reviewed and revised as often as necessary to assure tha t they reflect current operating practice, including changes that result from changes in ignitable liquids, tank terminal activities or tank terminal equipment, or changes to the tank terminal. The tank terminal shall certify annually that these operating procedures are current and accurate.
(E) The tank terminal shall develop and implement safe work practices to provide for the control of hazards during operations such as hot work; lockout/tagout; confined space entry; opening tank terminal equipment; and control over access to a tank terminal by maintenance, contractor, laboratory, or other support personnel. These safe work practices shall apply to employees and contractor employees. (F) Training on Operating Procedures. The tank terminal shall provide initial and refresher training to each employee involved in implementing the written operating procedures for safely conducting tank terminal activities.

Initial training shall be provided to each employee before being involved in newly assigned tank termi nal activities.

Refresher training shall be provided at least every three years to each employee involved in tank terminal activities to assure that the employee understands and adheres to the current operating procedures. All training shall be documented.
(3) Mechanical Integrity, Including the Use of Industry codes, standards, and guidelines. (A) Application. Subsections (a)(3)(B) through (a)(3)(F) apply to the following tank terminal equipment:

Pressure vessels and storage tanks; piping subsystems (inc luding piping components such as valves); relief and vent systems and devices; emergency shutdown systems; controls (including monitoring devices and sensors, alarms, and interlocks) and pumps.
(B) Written Procedures. The tank terminal shall establish and implement written procedures to maintain the ongoing integrity of tank terminal equipment.
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(C) Training for Tank Terminal Equipment Maintenance Activities. The tank terminal shall train each employee involved in maintaining the ongoing integrity of tank terminal equipment in hazards of the tank terminal equipment and of the ignitable liquid contained in the equipment, and in the procedures applicable to the employee's job tasks to assure that the employee can perform the job tasks in a safe manner. (D) Inspection and Testing. Inspections and tests shall be performed on tank terminal equipment.

Inspection and testing procedures shall follow recognized and generally accepted good engineering practices. The frequency of inspections and tests of tank terminal equipment shall be consistent with applicable manufacturers' recommendations and good engineering practices, and more frequently if determined to be necessary by prior operating experience. The tank terminal shall document each inspection and test that ha s been performed on tank terminal equipment. The documentation shall identify the date of the inspection or test, the name of the person who performed the inspection or test, the serial number or other identifier of the equipment on which the inspection or test was performed, a description of the inspection or test performed, and the results of the inspection or test. (E) Equipment Deficiencies. The tank terminal shall correct deficiencies in equipment that are outside acceptable limits (defined by the safety information in subsection (a)(1)) before further use or in a safe and timely manner when necessary means are taken to assure safe operation. (F) Quality Assurance. In the construction of new equipment, the tank terminal shall assure that equipment as it is fabricated is suitable for the tank terminal activities for which they will be used. Appropriate checks and inspections shall be performed to assure that equipment is installed properly and consistent with design specifications and the manufacturer's instructions. The tank terminal shall assure that maintenance materials, spare parts and equipment are suitable for the tank terminal activity in which they will be used. (4) Management of Change, including compliance with applicable building and fire co des then in effect. (A) The tank terminal shall establish and implement written procedures to manage changes (except for "replacements in kind") to ignitable liquids, tank terminal activities, tank terminal equipment, and procedures. (B) The procedures shall assure that the following considerations are addressed prior to any change: The technical basis for the proposed change; impact of change on safety and health; modifications to operating procedures; necessary time period for the change; and authorization requirements for the proposed change. (C) Employees involved in operating a tank terminal and maintenance and contract employees whose job tasks will be affected by a change shall be informed of, and trained in, the change prior to operating the tank terminal equipment.
(D) If a change covered by this section results in a change in the safety information required by subsection (a)(1), such information shall be updated accordingly.
(E) If a change covered by this section results in a change in the operating procedures or practices required by subsection (a)(2), or results in a change in written procedures to maintain the ongoing integrity of tank terminal equipment required by subsection (a)(3), such procedures or practices shall be updated accordingly. (F) Prior to construction of new tank terminal equipment or a structure, or alteration to the construction or use of existing tank terminal equipment or an existing structure, the tan k terminal owner or operator shall consult with the local agency having authority to enforce the California Building Standards Code regarding any required building permits that must be obtained prior to construction or alteration. (G) If a change covered by this section will result in a change in the type of material stored in any field erected tank, the tank terminal owner or operator shall consult with the local agency having land use authority regarding any required land use permits or other approvals t hat must be obtained prior to the change. 191
(5) Pre-Startup Reviews.
(A) The tank terminal shall perform a pre-startup safety review for new tank terminal equipment and for modified tank terminal equipment when a modification is significant enough to requi re a change in the safety information.
(B) The pre-startup safety review shall confirm, separate and in addition to any management of change review, that prior to the introduction of ignitable liquids to tank terminal equipment: Construction and equipment is in accordance with design specifications; safety, operating, maintenance, and emergency procedures are in place and are adequate; modified tank terminal equipment meets the requirements contained in management of change, subsection (a)(4); and training of each employee involved in operating tank terminal equipment has been completed. (6) Incident Investigation.
(A) The tank terminal shall investigate each incident that resulted in or could reasonably have resulted in a major chemical accident or release (MCAR), uncontrolled ignition of an ignitable liquid, or a threatened release (as defined in Health and Safety Code section 25501(t)) of one or more ignitable liquids. (B) An incident investigation shall be initiated as promptly as possible, but not la ter than 48 hours following the incident.
(C) An incident investigation team shall be established and consist of at least one person knowledgeable in the tank terminal activities involved, including a contract employee if the incident involved work of the contractor, and other persons with appropriate knowledge and experience to thoroughly investigate and analyze the incident. (D) A report shall be prepared at the conclusion of the investigation which includes at a minimum: Date of incident; date investigation began; a description of the incident; the factors that contributed to the incident; and recommendations resulting from the investigation. The written summary shall indicate whether the cause of the incident and/or recommendations resulting from the i nvestigation are specific only to the tank terminal activities or tank terminal equipment involved in the incident or are applicable to other tank terminal activities or tank terminal equipment at the tank terminal. The incident investigation report shall be made available to Contra Costa Health ServicesContra Costa Health upon request.
(E) The tank terminal shall establish a system to promptly address and resolve the incident report findings and recommendations. Resolutions and corrective actions shall be documented with completion date(s). (F) The report shall be reviewed with all affected personnel whose job tasks are relevant to the incident findings, including contract employees where applicable. (G) Incident investigation reports shall be retained for five years. (7) Emergency Response.
(A) The tank terminal shall develop and implement an emergency response program for the purpose of protecting public health and the environment. Such program shall include the following elements:
(i) An emergency response plan, which shall be maintained at the tank terminal and contain at least the following elements: Procedures for informing the public and local emergency response agencies about accidental releases, emergency planning, and emergency response; docum entation of proper first-aid and emergency medical treatment necessary to treat accidental human exposures; and procedures and measures for emergency response after an accidental release of an ignitable liquid.
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(ii) Procedures for the use of emergency res ponse equipment and for its inspection, testing, and maintenance, including documentation of inspection, testing, and maintenance. (iii) Training for all employees in relevant procedures and the incident command system; and (iv) Procedures to review and update, as appropriate, the emergency response plan to reflect changes at the tank terminal and ensure that employees are informed of changes. (B) A written plan that complies with other federal contingency plan regulations or is consistent with the approach in the national response team's integrated contingency plan guidance ("One Plan") and that, among other matters, includes the elements provided in subsection (a)(7)(A), shall satisfy the requirements of this section if the tank terminal also complies with subsection (a)(7)(C).
(C) The emergency response plan developed under this section shall be coordinated with the community emergency response plan developed under 42 U.S.C. Section 11003. Upon request of the local emergency planning committee or emergency response officials, the tank terminal shall promptly provide to the local emergency response officials information necessary for developing and implementing the community emergency response plan. (D) The tank terminal whose employees will not respond to an accidental release of an ignitable liquid need not comply with subsections (a)(7)(A) through (a)(7)(C) provided that they meet the following:
(i) The tank terminal has coordinated response actions with the local fire department at least once every - three years; and
(ii) Appropriate mechanisms are in place to notify emergency responders when there is a need for a response.
(8) Safety Program Management.
(A) The tank terminal shall develop a management system to oversee the implementation of the saf ety program elements.
(B) The tank terminal shall assign a qualified person or position that has the overall responsibility for the development, implementation, and integration of the safety program elements. (C) When responsibility for implementing individual safety program elements is assigned to persons other than the person identified under subsection (a)(8)(B), the names or positions of these people shall be documented and the lines of authority defined through an organization chart or similar document. (D) Safety Performance Indicators.
(i) No later than September 30, 2024, Contra Costa Health shall develop a list of tank terminal activities and other events to be measured by each tank terminal in order to evaluate the performance of safety systems. This list is the "event list." Each tank terminal shall measure these activities and other events and document the measurements. These documented measurements are "common safety performance indicators." No lat er than September 30 of each year after the effective date of the ordinance adding Section 6.43.095 to this chapter, each tank terminal will report to Contra Costa Health the common safety performance indicators recorded by the tank terminal in the prior calendar year. Contra Costa Health will include these common safety performance indicators in the annual performance review and evaluation report required by Section 6.43.160. (ii) Contra Costa Health shall review the event list at least once every three years to determine if the event list should be revised. If Contra Costa Health determines that a new activity or other event will need to be added to 193
the event list, each tank terminal shall report to Contra Costa Health the new common safety performance indicator(s) by September 30 of the next year following the revision of the event list. (iii) No later than September 30, 2024, each tank terminal shall develop a list of site -specific activities and other events that it will measure in order to evaluate the performance of its safety systems. Each shall document these site-specific safety performance indicators and make this documentation available to Contra Costa Health during an audit or inspection and upon request.
(b) Hazard Review/Action Items.
(1) A hazard review (HR) will be conducted on each tank terminal activity according to one of the following methods: What-if, checklist, what-if/checklist, HAZOP, failure mode and effects analysis (FMEA), fault tree analysis, or an appropriate equivalent methodology approved by Contra Costa Health prior to conducting the hazard review. The HA shall be appropriate to the complexity of the tank terminal activity and shall identify, evaluate, and control the hazards involved in the tank terminal activity. The HR shall address: The hazards of the tank terminal activity; the identification of any previo us incident which had a likely potential for catastrophic consequences; engineering and administrative control applicable to the hazards and their interrelationships such as appropriate application of detection methodologies to provide early warning of rel eases (acceptable detection methods might include monitoring and control instrumentation with alarms, and detection hardware such as hydrocarbon sensors); consequences of failure of engineering and administrative controls; tank terminal equipment and tank terminal siting; human factors; and a qualitative evaluation of a range of the possible safety and health effects of failure of controls. Hazard reviews should also include consideration of external events. All hazard reviews shall be performed by a team with expertise in engineering and tank terminal activities, and the team shall include at least one operating employee who has experience and knowledge specific to the activity being evaluated.

Also, one member of the team must be knowledgeable in the speci fic HR methodology being used. (2) The hazard review shall be conducted within one year of the effective date of the ordinance adding

6.43.095 to this chapter and no later than the submittal date of the safety plan. Hazard reviews shall be updated and revalidated at least once every five years after completion of the initial hazard review. As part of the HR, a tank terminal shall complete a seismic assessment in accordance with good engineering practices as set forth in American Petroleum Institute Standard 650, 13th edition, Appendix A, and a security and vulnerability assessment (SVA) within one year after the effective date of the ordinance adding Section 6.43.095 to this chapter or within one year after Contra Costa Health first issues a safety program guidance document for tank terminals, whichever is later, and at least once every five years after the initial assessment. A tank terminal that demonstrates its compliance with Department of Homeland Security or U.S. Coast Guard SVA requirements to the Contra Costa Health is exempt from the requirement to complete an SVA under this subsection. The tank terminal shall document its process for assuring that recommended action items in the HR are addressed. (3) For all tank terminal activities, the tank terminal shall document the decision made to implement or not implement all HR recommended action items and the results of recommendations for additional study. The tank terminal shall complete recommended actions from the initial HR and from HR revalidations, identified by the hazard review and selected for implementation by the tank terminal within one year after the completion of the HR unless the tank terminal demonstrates to the satisfaction of Contra Costa Health that such a schedule is infeasible and obtains a written extension from Contra Costa Health , in which case the tank terminal shall complete the recommended actions in accordance with the extension. For recommended actions not selected for implementation, the tank terminal shall include the justification for not implementing the recommended action. For all tank terminal activities, the tank terminal shall retain documentation of closure, and any associated justifications, of actions identified by the HR. The tank terminal shall communicate the actions to operating, maintenance, and other employees whose work assignments relate to tank terminal activities and who may be affected by the recommendations or actions.
(c) Root Cause Analysis and Incident Investigation.
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(1) Tank terminals shall conduct a root cause analysis for each major chemical accident or release which occurs after the effective date of the ordinance adding Section 6.43.095 to this chapter. Tank terminals shall periodically update Contra Costa Health on facts related to the release or incident, and the status of a root cause analysis conducted pursuant to this section, at meetings scheduled by Contra Costa Health in cooperation with the tank terminal. To the maximum extent feasible, Contra Costa Health and the tank terminal shall coordinate these meetings with other agencies with jurisdiction over the tank terminal. Within thirty days of completing a root cause analysis performed pursuant to this section, the tank terminal shall submit to Contra Costa Health a final report containing that analysis, including recommendations to be implemented to mitigate against the release or incident reoccurring, if any, and a schedule for completion of resulting recommendations. Contra Costa Health may require the tank terminal to submit written, periodic update reports at a frequency not to exceed every thirty days until the final report is submitted. The methodology of the root cause analysis shall be one of the methodologies recognized by the Center for Chemical Process Safety or shall be reviewed by Contra Costa Health to determine substantial equivalency.
(2) Contra Costa Health may elect to do its own independent root cause analysis or incident investigation for a major chemical accident or release. If Contra Costa Health elects to conduct a root cause analysis or incident investigation, the tank terminal shall cooperate with Contra Costa Health by providing the following access and information in a manner consistent with the safety of Contra Costa Health and tank terminal personnel and without placing undue burdens on the operation of the tank terminal:
(A) Allow Contra Costa Health to investigate the accident site and directly related facilities such as control rooms, physical evidence and where practicab le the external and internal inspection of equipment. (B) Provide Contra Costa Health with pertinent documentation; and (C) Allow Contra Costa Health to conduct independent interviews of tank terminal employees, subject to all rights of the tank terminal and employees to be represented by legal counsel and/or management and union representatives during such interviews. If, in the course of the Contra Costa Health’s root cause analysis or incident investigation, access is required to areas of the tank terminal which in the judgment of the tank terminal requires personnel entering the area to use protective equipment and/or have specialized training Contra Costa Health shall provide its personnel with such equipment and training. To the maximum extent feasible, Contra Costa Health shall coordinate any root cause analysis or incident investigation it conducts with investigations conducted by other agencies w ith jurisdiction over the tank terminal to minimize the adverse impacts on the tank terminal and its employees. (3) No part of the conclusions, findings or recommendations of the root cause analysis conducted by Contra Costa Health or tank terminal, or incident investigation conducted by Contra Costa Health, relating to any major chemical accident or release or the investigation thereof, shall be admitted as evidence or used in any action or suit for damages arising out of any matter mentioned in such repo rt. (d) Accident History.
(1) The tank terminal shall include an accident history in the safety plan of all major chemical accidents or releases from January 1, 2018, through the date of safety plan submittal to Contra Costa Health. For each major chemical accident or release the tank terminal shall report the following information, to the extent known:

Date, time and approximate duration of the release;
Chemicals released;
Estimated quantity released in pounds;
Type of release event and its source;
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Weather conditions at the time of the release;
On-site impacts;
Known off-site impacts;
Initiating event and contributing factors;
Root cause(s);
Whether off-site responders were notified; and
Operational or tank terminal equipment changes that resulted from the investigation of the release. (2) The tank terminal shall annually submit a report of the accident history to Contra Costa Health. The first report shall be due two years after the effective date of the ordinance adding Section 6.43.095 to this chapter, and subsequent reports shall be due September 30 of each year. (e) Certification. The tank terminal shall submit in the safety plan a single certification that, to the best of the signer's knowledge, information, and belief formed after reasonable inquiry, the information submitted is true, accurate, and complete.

6.43.100 - Review, audit and inspection.
(a) Upon submission of a safety plan by the stationary sourceunder Section 6.43.090 or Section 6.43.095, Contra Costa Health ServicesContra Costa Health shall review the safety plan to determine if all the required elements required by Section 6.43.090 are included and complete. Contra Costa Health ServicesContra Costa Health shall provide to the stationary source a written notice of deficiencies, if any. The stationary source shall have 60 calendar days from receipt of the notice of deficiencies to make any corrections. The stationary source may request, in writing, a one-time 30-day calendar day extension to correct deficiencies. By the end of the 60 calendar days or any extension period, the stationary source shall resubmit the revised safety plan to Contra Costa Health ServicesContra Costa Health. After Contra Costa Health ServicesContra Costa Health determines that the safety plan is complete, Contra Costa Health ServicesContra Costa Health shall schedule a public meeting on the stationary source's safety plan to explain its contents to the public and take public comments.

Public comments on the safety plan shall be taken by Contra Costa Health for a period of 45 days after the safety plan is made available to the public. Contra Costa Health shall schedule a public meeting on the stationary source's safety plan during the 45-day comment period. The public meetings shall be held in the affected community on evenings or weekends. Contra Costa Health shall respond in writing to all written comments received during the 45-day comment period and to all oral comments received and n ot addressed at the public meeting. Contra Costa Health ServicesContra Costa Health shall make portions of the safety plan, which are not protected trade secret information, available to the public for the public meeting. (b) Contra Costa Health ServicesContra Costa Health shall, within one year of the submission of the stationary source's safety plan, conduct an initial audit and inspection of the safety program to determine compliance with this chapter; as follows:
(1) Based upon Contra Costa Health ServicesContra Costa Health's review of the safety plan and the audit and inspection of the stationary source, Contra Costa Health ServicesContra Costa Health may require modifications or additions to the safety plan submitted by the stationary source, or s afety program limited to bringing the safety plan or safety program into compliance with the requirements of this chapter. Any determination that modifications or additions to the safety plan or safety program are required shall be in writing, collectively referred to as the "preliminary determination." The preliminary determination shall explain the basis for the modifications or additions required to bring the safety plan or safety program 196
into compliance with the requirements of this chapter. The preliminary determination shall be providedmailed to the stationary source.
(2) The stationary source shall respond in writing to the preliminary determination issued by Contra Costa Health ServicesContra Costa Health. The response shall state that the stationary source will incorporate into the safety plan or safety program the revisions contained in the preliminary determination or shall state that the stationary source rejects the revisions, in whole or in part. For each rejected revision, the stationary source shall explain the basis for rejecting such revision. Such explanation may include substitute revisions.
(3) The stationary source's written response to Contra Costa Health ServicesContra Costa Health's preliminary determination shall be received by Contra Costa Health ServicesContra Costa Health within 90 days of the issuance of the preliminary determination or such shorter time as Contra Costa Health ServicesContra Costa Health specifies in the preliminary determination as being necessary to protect public health and safety. Prior to the written response being due and upon written request from the stationary source, Contra Costa Health ServicesContra Costa Health may provide, in writing, additional time for the response to be received.
(4) After receiving the written response from the stationary source, Contra Costa Health ServicesContra Costa Health shall issue a public notice pursuant to their public participation policy and make portions of the safety plan, the preliminary determination and the stationary source's responses , which are not protected trade secret information, available for public review. Public comments on the safety plan shall be taken by Contra Costa Health ServicesContra Costa Health for a period of 45 days after the safety plan, the preliminary determination and the stationary source's responses are made available to the public.

Contra Costa Health ServicesContra Costa Health shall schedule a public meeting on the stationary source’s safety plan during the 45 day45-day comment period. The public meetings sha ll be held in the affected community on evenings or weekends. Contra Costa Health ServicesContra Costa Health shall respond in writing to all written comments re ceived during the 45-day comment period and to all oral comments received and not addressed at the public meeting. (c) Based upon Contra Costa Health ServicesContra Costa Health's preliminary determination, review of the stationary source's responses, and review of public comments on the safety plan, the preliminary determination and the stationary source's responses, Contra Costa Health ServicesContra Costa Health may require modifications or additions to the safety plan submitted by the stationary source or safety program limited to bringing the safety plan or safety program into compliance with the requirements of this chapter. Any determination that modifications or additions to the safety plan or safety program are required, and any determination that no modifications or additions to the s afety plan or safety program are required, shall be in writing (collectively referred to as "final determination"), shall be providedmailed to the stationary source and shall be made available to the public. A copy of the final determination report will be sent to Cal/OSHA, EPA, and the Richmond Fire Department. Contra Costa Health ServicesContra Costa Health may not include in a final determination any requirements to a safety plan or safety program which would cause a violation of, or conflict with, any State or Federal law or regulation or a violation of any permit or order issued by any State or Federal agency.
(d) Within thirty days of Contra Costa Health ServicesContra Costa Health's final determination, the stationary source and/or any interested person may appeal the final determination to the City Council of the City of Richmond by a verified written notice of appeal filed with the City Clerk and payment of the applicable appeal fee. The appeal shall be limited to issues raised during the public co mment period. The notice shall state the grounds for any such appeal, including:
(1) The reasoning that the appeal is necessary because the stationary source is in compliance with this chapter; or
(2) The reasoning that the appeal is necessary to bring the stationary source into compliance with this chapter.
(e) In acting on the appeal, the City Council shall receive and consider the recommendation from Contra Costa County Health Services Director the Contra Costa Health Services Director concerning the appeal and shall have the same authority over the final determination as Contra Costa Health ServicesContra Costa Health. The City Council may require modifications or additions to the safety plan or safety program limited to bring ing the 197
safety plan or safety program into compliance with the requirements of this chapter. The City Council may not include in its decision on the final determination any requirements to a safety plan or safety program which would cause violation of, or conflict with, any State or Federal law or regulation or a violation of any permit or order issued by any State or Federal agency. The decision of the City Council shall be final with respect to the final determination.
(f) The safety plan shall be valid for a period of three years from the date of final actionreceipt by Contra Costa Health and shall be reviewed and updated by the stationary source every three years pursuant to the requirements of this chapter. Any revisions to the safety plan as a result of the re view and update shall be submitted to Contra Costa Health ServicesContra Costa Health and shall be subject to the provisions of this section.
(g) Contra Costa Health ServicesContra Costa Health may, within 30 days of a major chemical accident or release, conduct initiate a safety inspection to review and audit the stationary source's compliance with the provisions of Section 6.43.090 or Section 6.43.095, whichever is applicable. Contra Costa Health ServicesContra Costa Health shall review and audit the stationary source's compliance with the above provisions of Section 6.43.090 at least once every three years. Contra Costa Health ServicesContra Costa Health may audit the stationary source based upon any of the following criter ia: accident history of the stationary source; accident history of other stationary sources in the same industry; quantity of regulated substances present at the stationary source; location of the stationary source and its proximity to the public and environmental receptors; the presence of specific regulated substances; the hazards identified in the safety plan; a plan for providing neutral and random oversight or a complaint from the stationary source's employee(s) or their representative. Subject to the provisions and limitations of Section 6.43.090 or Section

6.43.095, the stationary source shall allow Contra Costa Health ServicesContra Costa Health to conduct these inspections and audits. Contra Costa Health ServicesContra Costa Health, at its option, may select an outside consultant to assist in conducting said inspection.
(h) Within thirty days of a major chemical accident or release, Contra Costa Health ServicesContra Costa Health may commence an incident safety inspection with res pect to the process involved in the incident pursuant to the provisions of Section 6.43.090(c) or Section 6.43.095(c). (i) Based upon Contra Costa Health ServicesContra Costa Health's audit, safety inspection or an incident inspection, Contra Costa Health ServicesContra Costa Health may require modifications or additions to the safety plan submitted by the stationary source or safety program limited to bringing the safety plan or safety program into compliance with the requirements of this chapter. (1) Any determination by Contra Costa Health ServicesContra Costa Health shall be in writing and shall be mailed provided to the stationary source (referred to as the "notice of findings"). The stationary source shall have sixty calendar days from receipt of the notice of findings to make any corrections. The stationary source may request, in writing, a one -time thirty-day calendar day extension to make corrections. Contra Costa Health ServicesContra Costa Health may not include in its notice of findings requirements to a safety plan or safety program which would cause a violation of, or conflict with, any State or Federal law or regulation or a violation of any permit or order issued by any State or Federal agency. The notice of findings made by Contra Costa Health ServicesContra Costa Health will be available to the public.
(2) Within thirty days of Contra Costa Health ServicesContra Costa Health's notice of findings, the stationary source and/or any interested person may appeal the notice of findings to the City Council by a verified written notice of appeal filed with the City Clerk and payment of the applicable appeal fee. The appeal must state the grounds for any such appeal, including:
(A) The reasoning that the appeal is necessary because the stationary source is in compliance with this chapter; or
(B) The reasoning that the appeal is necessary to bring the stationary source into compliance with this chapter.
(3) In acting on the appeal, the City Council shall receive and consider the recommendation from the Contra Costa County Health Services Director concerning the appeal and shall have the same authority over the notice of findings as Contra Costa Health ServicesContra Costa Health. The City Council may require 198
modifications or additions to the safety plan or safety program limited to bring ing the safety plan or program into compliance with the requirements of this chapter. The City Council may not include in its decision on the notice of findings any requirements to a safety plan or safety program which would cause a violation of, or conflict with, any State or Federal law or regulation or a violation of any permit or order issued by any State or Federal agency. The decision of th e City Council shall be final with respect to the notice of findings.
(j) Nothing in this section shall preclude, limit or interfere in any way with the authority of the City to exercise its enforcement, investigatory and information gathering authoritie s under any other provision of law; nor shall anything in this chapter effect or diminish the rights of the stationary source to claim legal privileges such as attorney-client privilege and/or attorney work product with respect to information and/or docume nts required to be submitted to or reviewed by Contra Costa Health ServicesContra Costa Health.

6.43.110 - Trade secrets.

The disclosure of any trade secret information required by this chapter shall be governed by California Health and Safety Code Section 25538, as amended from time to time, or as otherwise protected or required by law.

6.43.120 - Industrial safety programs ombudsperson.

The City of Richmond shall utilize the County of Contra Costa's Hazardous Materials Ombudsperson as its Industrial Safety Programs Ombudsperson. The Industrial Safety Programs Ombudsperson will serve as a single point of contact for people who live or work in Richmond regarding environmental health concerns, questions, and complaints about industrial safety programs. The Industrial Safety Programs Ombudsperson shall be empowered to identify and solve problems and make recommendations to Contra Costa Health ServicesContra Costa Health. The Industrial Safety Programs Ombudsperson's role will be one of investigating concerns and complaints, facilitating their resolution and assisting people in gathering information about programs, procedures, or issues. The Industrial Safety Programs Ombudsperson may retain appropriate technical experts in order to fulf ill technical assistance requests from members of the public. The Industrial Safety Programs Ombudsperson may provide technical assistance to the public if it is required.The cost of experts may be funded through programs established by the U.S.

EPA or other appropriate entities.

6.43.130 - Public information bank.
(a) Contra Costa Health ServicesContra Costa Health shall collect and provide ready access, including the use of electronic accessibility as reasonably available, to public documents which are relevant to the goals of this chapter, including at a minimum, business plan inventories and emergency response plans, risk management plans, safety plans, and incident reports. This section shall not apply to trade secret information or other information protected from disclosure under Federal or State law. (b) Copies of the records or information collected by Contra Costa Health ServicesContra Costa Health pursuant to subsection (a) above, which pertain to stationary sources located within the City of Richmond, shall also be deposited with the Richmond Public Library and made available for review by the public.

6.43.140 - Fees.

Contra Costa Health ServicesContra Costa Health may, upon a majority vote of the City Council, implement the agencies adopted feet a schedule of fees to be collected from each stationary source and tank terminal subject to the requirements of this chapter. Any review, inspection, audit fee schedule shall be set in an amount sufficient to pay only those costs reasonably necessary to carry out the requirements of this chapter, including allocable costs of staff and/or consultant time or public hearings and administrative overhead. The fee schedule shall include the cost of the Industrial Safety Programs Ombudsperson.

6.43.150 - Penalties.
(a) Regardless of the availability of other civil or administrative remedies and procedures for enforcing this chapter, every act or condition prohibited or declared unlawful by this chapter, and every knowing or willful failure or omission to act as required herein, is a violation of this chapter and shall be punishable as a misd emeanor and subject to enforcement pursuant to the provisions of Section 1.04.100 through 1.04.160 of this Code. 199
(b) The City Manager, City Attorney, and Contra Costa Health Director, and their designated subordinates, shall have and are hereby vested with the authority to arrest any person who violates any provision of this chapter.

6.43.160 - Annual performance review and evaluation.
(a) Contra Costa Health ServicesContra Costa Health shall annually:
(1) Review its activities to implement this chapter; and (2) Evaluate the effectiveness of this chapter in achieving its purpose and goals pursuant to Section 6.43.030 of this chapter.
(b) An annual performance review and evaluation report shall be pr epared by Contra Costa Health ServicesContra Costa Health based upon the previous fiscal year's activities and shall be submitted to the City Council on or before October December 31 of , 2002 and each year thereafter. The report shall contain:
(1) A brief description of how Contra Costa Health ServicesContra Costa Health is meeting the requirements of this chapter as follows:
(A) Effectiveness of Contra Costa Health ServicesContra Costa Health's program to ensure stationary source compliance with this chapter;
(B) Effectiveness of the procedures for records management; (C) Number and type of audits and inspections conducted by Contra Costa Health ServicesContra Costa Health pursuant to this chapter;
(D) Number of root cause analyses and/or incident investigations conducted by Contra Costa Health ServicesContra Costa Health;
(E) Contra Costa Health ServicesContra Costa Health's process for public participation; (F) Effectiveness of the public information bank, including status of e lectronicconomic accessibility; (G) Effectiveness of the hazardous materials ombudsperson; and (H) Other required program elements necessary to implement and manage this chapter; (2) A listing of all stationary sources covered by this chapter and, commencing on January 1, 2025, all tank terminals covered by this chapter, including for each:
(A) The status of the stationary sources' safety plan and program of each stationary source and tank terminal;
(B) A summary of all stationary source safety plan updates and a listing of where the safety plans are publicly available;
(C) The annual accident history report submitted by the stationary source pursuant tounder Section

6.43.090(e)(2) or Section 6.43.095(d)(2) of this chapter; (D) A summary, including the status, of any root cause analyses conducted or being conducted by the stationary source and required by under this chapter by the stationary source or tank terminal, including the status of implementation of recommendations; (E) A summary, including the status, of any audits, inspections, root cause analyses and/or incident investigations conducted or being conducted by Contra Costa Health ServicesContra Costa Health pursuant to this chapter, including the status of implementation of recommendations; (F) Description of inherently safer systems implemented by the stationary sources; (G) Legal enforcement actions initiated by Contra Costa Health ServicesContra Costa Health, including administrative, civil, and criminal actions pursuant to this chapter; (H) Process safety performance indicators reported by the stationary source as required under Section

6.43.090(a)(13)(D)(i) or safety performance indicator reported by the tank terminal as required under Section 6.43.095(a)(8)(D)(i) of this chapter;
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(3) Total penalties assessed as a result of enforcement of this chapter; (4) Total fees, service charges, and other assessments collected specifica lly for the support of this chapter; (5) Total personnel and personnel years utilized by the jurisdiction to directly implement or administer this chapter;
(6) Comments from interested parties regarding the effectiveness of the local program that raise public safety issues;
(7) The impact of this chapter in improving industrial safety. (c) Contra Costa Health ServicesContra Costa Health shall provide a copy of the annual performance audit submission required by Title 19, Chapter 24.5, Section 51502780.5 of the California Code of Regulations to the City Council on or before December October 31 of each year.

6.43.170 - Construction.

Notwithstanding any other provision of this Code and for the purpose of this chapter, wherever it provides that Contra Costa Health ServicesContra Costa Health shall act, such direction in all instances shall be deemed and is directory, discretionary and permissive and not mandatory.

6.43.180 - Conditional use permit.

When any stationary source, as defined in Section 6.43.050(o), changes its process to include the use of a higher hazard category material than currently being used, the facility shall obtain a conditional use permit in accordance with the procedures set forth in Section 15.04.80620.025 of the Richmond Municipal Code.

6.43.190 - Determination of hazard category.

The hazard category of a material or waste shall be determined pursuant to this section. (a) Method of Determination.
(1) The primary method of determining the material hazard category of a hazardous waste or material shall be reference to the Winter 1994 version of the U.S. Department of Transportation ("D.O.T.") Code of Federal Regulations, Title 49 ("49 CFR"), Section 172.101, "Hazardous Mat erials Table" (from columns (3) and (5), extract the "Hazardous Class or Division" and "Packing Group" information, then proceed to 49 CFR 173.2 to determine the material hazard category as either A, B or C). If a material is listed in 49 CFR 172.101 more than once, the rating that results in the highest hazard category shall be used. The hazard category of a mixture is determined according to its common name as defined in Title 49.
(2) Where a hazardous material, waste, or mixture is not referenced in 49 CFR 172.101, and the hazard category cannot be determined using the primary method, refer to the manufacturer's MSDS for the D.O.T. "Hazard Class or Division," "Packing Group" and "Name of Class or Division." Proceed to subsection (c) of this section to determine the material hazard category as either A, B or C. (3) Where the preceding methods are not successful, Contra Costa Health ServicesContra Costa Health or its designee shall be responsible for determining a material's hazard category. (4) Regardless of the hazard category obtained using the methods set forth above, materials with the word "poison" in column (6) of 49 CFR 172.101, methyl chloride, and the metals antimony, mercury, lead, arsenic, thallium and cadmium and their compounds, shall be H azard Category A materials, and denatured alcohol and methanol shall be Hazard Category B materials for purposes of this chapter.
(b) Exclusions. Regardless of the hazard category obtained using the methods set forth in subsection (a), above, hot coke, hot coal briquettes, and materials not regulated by D.O.T. or which have no D.O.T.

Hazard Class or Division are not regulated by this chapter. (c) Hazard Categories.
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(1) Hazard Category A materials including the following:
(A) Forbidden materials, as referenced in 49 CFR 173.21 and 173.54; (B) Explosives and blasting agents, Class 1, as defined in 49 CFR 173.50(b)(1) through 173.50(b)(6);
(C) Reactive materials, air reactive materials — Class 4, Division 4.2 as defined in 49 CFR 173.124(b)(1) and (2); Water reactive materials — Class 4, Division 4.3 as defined in 49 CFR 173.124(c); and Organic peroxides — Class 5, Division 5.2 as defined in 49 CFR 173.128; (D) Radioactive materials, Class 7 as defined in 49 CFR 173.403(y):
(E) Oxidizers D.O.T. Packing Group I, Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group I is required per 49 CFR 173.127(b)(2)(I); (F) Poisons, D.O.T., Poisons, Class 6, Division 6.1 as defined in 49 CFR 173.133 (applies to all hazard zones), Infectious substances, Class 6, Division 6.2 as defined in 49 CFR 13.134; (G) Poison gas, Class 2, Division 2.3 as defined in 49 CFR 173.115(c). (2) Hazard Category B materials including the following:
(A) Flammable liquids, Class 3 Packing Groups I and II as defined in 49 CFR 173.120(a); (B) Flammable solids, Class 4, Division 4.1 as defined in 49 CFR 173.124(a); (C) Oxidizers, D.O.T. Packing Group II, Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group II is required per 49 CFR 173.127(b)(2)(ii); (D) Flammable gases, Class 2, Division 2.1 as defined in 49 CFR 173.115(a); (E) Corrosives, D.O.T. Packing Group I or II, Class 8 Packing Groups I or II as defined in 49 CFR 173.136(a) and 173.137(a) and (b).
(3) Hazard Category C materials include the following:
(A) Non-flammable compressed gases, Class 2, Division 2.2 as defined in 49 CFR 173.115(b); (B) Combustible liquids, Class 3 Packing Group III as defined in 49 CFR 173.120(b); (C) Miscellaneous hazardous materials, Class 9 as defined in 49 CFR 173.155; (D) Oxidizers D.O.T. Packing Group III, Class 5, Division 5.1 as defined in 49 CFR 173.127 (a) when Packing Group III is required per 49 CFR 173.127(b)(2)(iii); and (E) Corrosives D.O.T. Packing Group III, Class 8 Packing Group III as defined in CFR 49 173.136(a) and 173.137(c).

SECTION 3: Severability.

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

SECTION 4: Effective Date.

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

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First introduced at a regular meeting of the City Council of the City of Richmond held ________________ and finally passed and adopted at a regular meeting held _________________________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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ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING SPECIFIED SECTIONS OF RICHMOND MUNICIPAL CODE CHAPTER 6.43

RELATING TO INDUSTRIAL SAFETY AT TANK TERMINALS

WHEREAS, on December 18, 2001, the City of Richmond (“City”) adopted an ordinance on Industrial Safety codified as Richmond Municipal Code (RMC) Chapter

6.43; and

WHEREAS, Section VII of Article XI of the California Constitution provides that a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and

WHEREAS, this ordinance amends specified sections of RMC Chapter 6.43 to impose additional measures to improve industrial safety. This ordinance updates the name change of Contra Costa Health Services to Contra Costa Health, adds section

6.43.095 concerning tank terminal safety requirements, adds new and amends certain existing definitions to section 6.43.050 to apply to tank terminals, amends multiple sections to expand their application to tank terminals, and makes other clarifying, administrative or non-substantive changes; and

WHEREAS, on October 15, 2019, an 8.7-million-gallon storage tank containing a small quantity of ethanol exploded at a petroleum tank terminal in the Crockett area of unincorporated Contra Costa County. The tank was one of 23 tanks at the facility, with a collective capacity of more than 3 million barrels. The roof of the tank that exploded blew off and landed on a second tank, which also exploded. A fire erupted at both tanks, and a vegetation fire ignited after the explosions spread over the property, resulting in a large column of smoke that could be seen for miles. Offsite impacts included the closure of Interstate 80, the shelter-in-place of the nearby community, and concerns about air quality in the surrounding area; and

WHEREAS, this incident, like other high-profile incidents at tank terminals in other states, highlight the risks associated with storage and transfer operations involving ignitable materials, and the importance of emergency response planning. Similarly, these incidents highlight the need for effective safety programs to identify hazards, assess and manage risks, and establish safety protocols to prevent accidents and protect the environment and the surrounding communities. Tank terminals within Richmond are not currently subject to the California Accidental Release Prevention Program, the U.S. Environmental Protection Agency’s risk management regulations, or Chapter 6.43 of the RMC because tank terminals, and the types of activities that take place there, do not fit the relevant criteria. The lack of adequate safety regulation appliable to tank terminals poses a threat to public health and safety and compel the adoption of the amendments to Chapter 6.43 set forth in this ordinance; and

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WHEREAS, the City and Contra Costa Health’s Hazardous Materials Program (County) have worked together to utilize of the County’s expertise and qualified staff in the area of industrial safety to develop the proposed amendments; and

WHEREAS, the City and County staff worked together in a public process to develop the proposed amendments to the City’s and County’s Industrial Safety Ordinances; and

WHEREAS, the City Council finds and determines the adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that this activity could have a significant effect on the environment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND DOES ORDAIN AS FOLLOWS:

SECTION 1: The above recitals are true and correct and are incorporated herein.

SECTION 2: Chapter 6.43 entitled “Industrial Safety” Ordinance of the Richmond Municipal Code is hereby amended as follows:

Chapter 6.43 - INDUSTRIAL SAFETY

6.43.010 - Summary.

This chapter imposes regulations which supplement the requirements of California Health and Safety Code, Article 2 (commencing with Section 25531) of Chapter 6.95 concerning hazardous materials management by enacting measures to prevent and reduce the probability of accidental releases of regulated substances that have the potential to cause significant harm to the public health and increase participation by industry and the public to improve accident prevention. These measures include submission of a safety plan to the City, stringent requirements for the contents of a safety plan and safety program, public review of the safety plan, authorization for the City to require changes in the safety plan or safety program, an expansion of the list of regulated substances beyond those covered by the Federal and State Accidental Release Prevention Program regulations and authorization for the City to expand audits and inspections to all units within the stationary source. Pursuant to this chapter, root cause analysis shall be required for all major chemical accidents or releases and a public outreach and information program shall be established.

6.43.020 - Background and findings.

The City Council of the City of Richmond finds as follows:
(a) Recent incidents at industrial chemical, petrochemical and oil industry facilities have prompted the consideration of reviews, inspections and audits that supplement existing Federal and State safety programs and the imposition of 205
additional safety measures to protect public health and safety from accidental releases.
(b) Section 112(r)(7) of the Clean Air Act (42 U.S.C.A. Section 7412(4)) required the United States Environmental Protection Agency ("EPA") to promulgate the rule known as the "Risk Management Program," which is intended to prevent accidental releases of regulated substances, as defined in the Federal program, and reduce the severity of those releases that do occur. All facilities subject to this Federal regulation must prepare a risk management plan (RMP), based on a risk management program established at the facility, that includes a hazard assessment of the facility, an accidental release prevention program and an emergency response program (40 CFR Section 68). The facility must submit the Federal RMP to the EPA by June 21, 1999 (40 CFR Section 68.150-

68.185). The Federal RMP will be available to State and local government and the public.
(c) The California Health and Safety Code, Article 2 (Section 25531 et seq.) of Chapter 6.95 was amended effective January 1, 1997, to implement the Federal EPA's risk management program rule with certain State-specific amendments.

The State's risk management program is known as the California Accidental Release Prevention (CalARP) Program.
(d) The City recognizes that regulatory requirements alone will not guarantee public health and safety, and that the public is a key stakeholder in chemical accident prevention, preparedness and response at the local level. Preventing accidental releases of regulated substances is the shared responsibility of industry, government and the public. The first steps toward accident prevention are identifying the hazards and assessing the risks. Once information about chemical hazards in the community is openly shared, industry, government and the community can work together towards reducing the risk to public health and safety.
(e) The success of a safety program is dependent upon the cooperation of industrial chemical, petrochemical, and oil refining facilities within the City of Richmond. The public must be assured that measures necessary to prevent incidents are being implemented, including changes or actions required by the County of Contra Costa or the stationary source that are necessary to comply with this chapter.

6.43.030 - Purpose and goals.

The purpose of this chapter is to impose regulations which improve industrial safety by the following:
(a) Requiring the conduct of process hazard analyses for covered processes handling hazardous materials not covered by the Federal or State accidental release prevention programs;
(b) Requiring the review of action items resulting from process hazard analyses and requiring completion of those action items selected by the stationary source for implementation, within a reasonable time frame;
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(c) Requiring the review of accidental release prevention efforts of stationary sources and providing for the conduct of investigations and analyses for the determination of the root cause for certain incidents;
(d) Providing review, inspection, auditing and safety requirements that are more stringent than those required in existing laws and regulations; (e) Providing for public input into the safety plan and safety program and public review of any inspection and audit results;
(f) Facilitating cooperation among industry, the City of Richmond, the County of Contra Costa, local fire departments, Cal/OSHA, EPA, other agencies that have oversight of stationary sources or tank terminals, and the public in the prevention and reduction of incidents at these facilities; (g) Expanding the application of certain provisions of the Federal and State accidental release prevention programs to processes not covered by the Federal or State accidental release prevention programs; (h) Verifying that an approved security and vulnerability study is performed, and that the recommendations are addressed within a reasonable time frame; (i) Requiring the development and implementation of a written human factors program; and
(j) Preventing and reducing the number, frequency and severity of accidental releases in the City to the greatest extent feasible.

6.43.040 - Authority.

The ordinance codified in this chapter is adopted by the City pursuant to its police power for the purposes of protecting public health and safety by prevention of accidental releases of hazardous materials and to assure protection of the environment.

6.43.050 - Definitions.

For the purpose of this chapter, the definitions set forth in this section shall apply.

Words used in this chapter not defined in this section shall have the meanings ascribed to them in the Clean Air Act Regulations (40 CFR 68.3) and in California Health and Safety Code Article 2 (Section 25531 et seq.) of Chapter 6.95 of Division 20, unless the context indicates otherwise.
(a) "Contra Costa Health " means Contra Costa County Health Services Director and any Director-authorized deputies.
(b) "Covered process" means any process at a stationary source. (c) "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors. (d) "Hazard Category A materials" are substances which meet the Hazard Category A material definition as set forth in- Section 6.43.190(c)(1). 207
(e) "Hazard Category B materials" are substances which meet the Hazard Category B Material definition as set forth in- Section 6.43.190(c)(2). (f) "Industry codes, standards and guidelines" means the edition of the codes, standards and guidelines in effect at the time of original design or construction for the design, construction, alteration, maintenance or repair of process units, industrial equipment or other industrial facilities, structures or buildings published by, but not limited to, the American Petroleum Institute (API), the American Chemistry Council (ACC), the American Society of Mechanical Engineers (ASME) or the American National Standards Institute (ANSI), and meets recognized and generally accepted good engineering practices (RAGAGEP).
(g) "Inherently safer systems" means "inherently safer design strategies" as discussed in the latest edition of the Center for Chemical Process Safety Publication "Inherently Safer Chemical Processes" and means feasible alternative equipment, processes, materials, lay-outs and procedures meant to eliminate, minimize or reduce the risk of a major chemical accident or release by modifying a process rather than adding external layers of protection.

Examples include, but are not limited to, substitution of materials with lower vapor pressure, lower flammability or lower toxicity; isolation of hazardous processes; and use of processes which operate at lower temperatures and/or pressures.
(h) "Major chemical accident or release" means an incident that meets the definition of a Level 3 or Level 2 Incident in the Community Warning System incident level classification system as defined in the Hazardous Materials Incident Notification Policy, as determined by Contra Costa Health; or results in a release of a regulated substance and meets one or more of the following criteria:
(1) Results in one or more fatalities;
(2) Results in at least twenty-four hours of hospital treatment of each of at least three persons;
(3) Causes on- and/or off-site property damage (including clean-up and restoration activities) initially estimated at five hundred thousand dollars or more. (On-site estimates shall be performed by the stationary source. Off- site estimates shall be performed by appropriate agencies and compiled by Contra Costa Health); or
(4) Results in a vapor cloud of flammables and/or combustibles that is more than five thousand pounds.
(i) "Regulated substance" means:
(1) Any chemical substance which satisfies the provisions of California Health and Safety Code Section 25532(i), as amended from time to time; or (2) A substance which satisfies the provisions of Hazard Categories A or B in Section 6.43.190. Mixtures containing less than one- percent of a regulated 208
substance shall not be considered in the determination of the presence of a regulated material.
(j) "Risk management program" means the documentation, development, implementation and integration of management systems by the facility to comply with the regulations set forth in- 40- CFR Part 68 and the California Health and Safety Code, Article 2, of Chapter 6.95 of Division 20. (k) "RMP" means the risk management plan required to be submitted pursuant to the requirements of the- 40- CFR 68.150—68.185 and the California Health and Safety Code, Article 2 (Section 25531 et seq.) of Chapter 6.95 of Division 20. (l) "Root cause" means prime reasons, such as failures of some management systems, that allow faulty design, inadequate training or improper changes, which lead to an unsafe act or condition, and result in an incident. If root causes were removed, the particular incident would not have occurred. (m) "Safety plan" means the safety plan required to be submitted to Contra Costa Health pursuant to the requirements of- Section 6.43.090, or Section 6.43.095, of this chapter.
(n) "Safety program" means the documentation, development, implementation and integration of management systems by a stationary source or tank terminal to comply with the applicable safety requirements set forth in- Section 6.43.090 or Section 6.43.095.
(o) "Stationary source" or "source" means a facility which includes at least one process as defined in- 40- CFR Section 68.10 that is subject to Federal risk management program level 3 requirements and whose primary North American Industry Classification System code (NAICS) is 324 (Petroleum and Coal Products Manufacturing) or 325 (Chemical Manufacturing), or the owner or operator thereof. As used in Section 6.43.100, stationary source will be interpreted to also mean a tank terminal.
(p) "California accidental release prevention program" means the documentation, development, implementation, and integration of management systems by a facility to comply with the regulations set forth in California Code of Regulations, Title 19, Division 5, Chapter 2.
(q) "Catastrophic release" means a major uncontrolled emission, fire, or explosion, involving one or more highly hazardous chemicals, that presents serious danger to employees in the workplace and/or the public. As used in this section, "highly hazardous chemical" has the meaning ascribed to it in- 29- CFR 1910.119(b) as of May 21, 2003.
(r) "Human factors" means a discipline concerned with designing machines, operations, and work environments so that they match human capabilities, limitations, and needs. "Human factors" can be further referred to as environmental, organizational, and job factors, and human and individual characteristics that influence behavior at work in a way that can affect health and safety.
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(s) "Human systems" means the systems, such as written and unwritten policies, procedures, and practices, in effect to minimize the existence/persistence of latent conditions at the stationary source. It also includes the broad area of safety culture of a stationary source to the extent that it influences the actions of individuals or groups of individuals.
(t) "Layer of protection analysis" (LOPA) means a semi-quantitative analysis of the risk of process hazards and the adequacy of safeguards against those hazards.
(u) "Process hazard analysis" (PHA) means a qualitative, semi-quantitative or quantitative analysis of a process, involving the identification of individual hazards of a process, determination of the mechanisms by which hazards could give rise to undesired events, and evaluation of the consequences of these events on health, property, and the environment.
(v) "Process safety performance indicators" are measurements of a stationary source's activities and other events that are used to evaluate the performance of process safety systems.
(w) "Petroleum refinery" means a stationary source whose primary North American Industry Classification System Code (NAICS) is 32411 (petroleum refining) and is an establishment primarily engaged in petroleum refining as defined in NAICS code 32411 and used for the following:
(1) Producing transportation fuels (such as gasoline, diesel fuels, and jet fuels), heating fuels (such as kerosene, fuel gas distillate, and fuel oils), or lubricants;
(2) Separating petroleum; or
(3) Separating, cracking, reacting, or reforming intermediate petroleum streams.
(x) "Combustible liquid" means a liquid having a closed cup flash point at or above 100° F (38° C).
(y) "Flammable liquid" means a liquid having a closed cup flash point below 100° F (38° C).
(z) "Ignitable liquid" means a flammable liquid or combustible liquid. (aa) "Field erected tank" means an aboveground container constructed and/or erected on the site where it will be utilized.
(bb) "Tank terminal" means at least one field erected tank with a minimum shell capacity of 50,000 gallons that contains a minimum of 10,000 pounds of flammable liquid, or the owner or operator thereof, on one or more contiguous properties.
(cc) "Tank terminal activities” mean any activity at a tank terminal involving an ignitable liquid, including but not limited to using, storing, blending, producing, gathering, refining, transferring, distributing, consuming, handling or moving an ignitable liquid.
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(dd) "Tank terminal equipment" means equipment that is at a tank terminal and involved in tank terminal activities, and such equipment is under the control of the tank terminal owner or operator. This equipment includes, but is not limited to, tanks, pumps, piping, valves, and ancillary equipment.

6.43.060 - Administration.

Contra Costa Health is charged with the responsibility of administering and enforcing this chapter.

6.43.070 - Applicability.
(a) This chapter shall apply to all stationary sources and tank terminals except as set forth in subsection (b).
(b) To the extent that the following are stationary sources, they are exempt from the provisions of this chapter, except for Sections 6.43.090(c) and (e) and 6.43.100(f) and (g):
(1) Storage tanks containing a non-regulated substance, except for storage tanks that contain a material that has a flashpoint above 140 °F and below 200 ° F in accordance with the combustible liquid definition of 49 CFR Section 173.120(b); (2) Drum storage of: (A) a non-regulated substance; (B) less than 10,000 pounds of a Hazard Category B material located such that the drums could reasonably be expected to be involved in a single release; and (C) a Hazard Category A material, located such that the drums could reasonably be expected to be involved in a single release, at less than the quantity specified as the threshold planning quantity on the Extremely Hazardous Substances list (Appendix A to- 40- CFR Chapter I, Subchapter J, Part 355, as amended from time to time) or 500 pounds, whichever is less;
(3) Activities in process plant laboratories or laboratories that are under the supervision of a technically qualified individual as defined in Section 720.3(ee) of- 40- CFR. This exemption does not apply to specialty chemical production; manufacture, processing or use of substances in pilot plant scale operations; and activities conducted outside the laboratory;
(4) Utilities, except for fuel gas and natural gas systems to the battery limits of a process unit; and
(5) Any waste tanks, containers or other devices subject to the Federal and State hazardous waste laws, including the Resource Conservation and Recovery Act (RCRA), -40- CFR Chapter I, Subchapter I, commencing with Part 260, the California Hazardous Waste Control Law, California Health and Safety Code, commencing with Section 25100 and the California Code of Regulations, Title 22, Division 4.5, Environmental Health Standards for the Management of Hazardous Waste.

6.43.080 - Inspection.
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(a) Contra Costa Health shall be allowed reasonable access to any part of a stationary source or tank terminal as necessary to carry out the purposes, requirements and duties of this chapter, including reasonable access to review supporting documentation retained by the stationary source or tank terminal for the purpose of determining compliance with this chapter.
(b) Petroleum refineries shall fund the costs of a full-time qualified expert in refinery safety for each petroleum refinery (a full-time "accidental release prevention engineer"). The expert shall be selected and retained by Contra Costa Health at Contra Costa Health's discretion, to review, inspect, and audit the safety program at that refinery, and shall have access to the refinery's documentation and facilities as set forth in subsection (a). Petroleum refineries shall provide to Contra Costa Health the level of funding required to hire a full-time accidental release prevention engineer on a contract basis or as a Contra Costa Health employee at an amount comparable to engineer salaries in the refinery industry.

6.43.090 - Stationary source safety requirements.

The stationary source shall submit a safety plan to Contra Costa Health within one year of the effective date of the ordinance codified in this chapter or within three years of the date a facility becomes a stationary source. The safety plan shall comply with the provisions of this section and includes the safety elements listed in subsection (a) of this section. In addition, the stationary source shall comply with the safety requirements set forth in subsections (a) through (e), (i) and (j) of this section and shall include a description of the manner of compliance with these subsections in the safety plan. A new covered process at an existing stationary source shall comply with subsections (a) through (e), (i) and (j) of this section prior to initial startup. (a) Safety Program Elements. All covered processes shall be subject to the safety program elements listed below. The safety plan shall include a description of the manner in which these safety program elements listed below shall be applied to those covered processes. These safety program elements shall be implemented in conformance with the California Accidental Release Prevention Program and the safety plan shall follow Chapters 5, 7,- 8- and- 9- of the Contra Costa Health’s CalARP Program Guidance Document. The safety program elements shall include the following:
(1) Process Safety Information:
(A) The stationary source shall complete a compilation of written process safety information before conducting any process hazard analysis as required by this chapter. The compilation of written process safety information is to enable the stationary source and the employees involved in operating the covered process to identify and understand the hazards posed by the covered process. This process safety information shall include information pertaining to the hazards of the regulated substances used or produced by the process, information pertaining to the technology of the process, information pertaining to the 212
equipment in the process, and information pertaining to the hazards of the regulated substances in the process.
(i) This information shall consist of at least the following: toxicity information; permissible exposure limits; physical data; reactivity data; corrosivity data; thermal and chemical stability data; and hazardous effects of inadvertent mixing of different materials that could foreseeably occur.
(ii) Safety data sheets meeting the requirements of Section 5194, Title 8 of California Code of Regulations may be used to comply with this requirement to the extent they contain the information required by this subsection.
(iii) Information pertaining to the technology of the process shall include at least the following: a block flow diagram or simplified process flow diagram; process chemistry; maximum intended inventory; safe upper and lower limits for such items as temperatures, pressures, flows or compositions; and an evaluation of the consequences of deviations. Where the original technical information no longer exists, such information may be developed in conjunction with the process hazard analysis in sufficient detail to support the analysis.
(iv) Information pertaining to the equipment in the process shall include: materials of construction; piping and instrument diagrams (P&IDs); electrical classification; relief system design and design basis; ventilation system design; design codes and standards employed; material and energy balances for processes built after the compliance date of this chapter; and safety systems (e.g., interlocks, detection or suppression systems).
(B) The stationary source shall document that equipment complies with recognized and generally accepted good engineering practices. (C) For existing equipment designed and constructed in accordance with codes, standards, or practices that are no longer in general use, the stationary source shall determine and document that the equipment is designed, maintained, inspected, tested, and operating in a safe manner.
(2) Operating Procedures:
(A) The stationary source shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and shall address at least the following elements:
(i) Steps for each operating phase: initial startup; normal operations; temporary operations; emergency shutdown, including the conditions under which emergency shutdown is required, and the assignment of shutdown responsibility to qualified operators to 213
ensure that emergency shutdown is executed in a safe and timely manner; emergency operations; normal shutdown; and, startup following a turnaround, or after an emergency shutdown. (ii) Operating Limits: consequences of deviation; and steps required to correct or avoid deviation.
(B) Safety and Health Considerations: properties of, and hazards presented by, the chemicals used in the process; precautions necessary to prevent exposure, including engineering controls, administrative controls, and personal protective equipment; control measures to be taken if physical contact or airborne exposure occurs; quality control for raw materials and control of hazardous chemical inventory levels and any special or unique hazards.
(C) Safety systems and their functions.
(D) Operating procedures shall be readily accessible to employees who work in or maintain a process.
(E) The operating procedures shall be reviewed as often as necessary to assure that they reflect current operating practice, including changes that result from changes in process chemicals, technology and equipment, and changes to stationary sources. The stationary source shall certify annually that these operating procedures are current and accurate.
(F) The stationary source shall develop and implement safe work practices to provide for the control of hazards during operations such as lockout/tagout; confined space entry; opening process equipment or piping; and control over entrance into a stationary source by maintenance, contractor, laboratory, or other support personnel. These safe work practices shall apply to employees and contractor employees.
(3) Employee Participation:
(A) The stationary source shall develop a written plan of action regarding the implementation of the employee participation required by this chapter.
(B) The stationary source shall consult with employees and their representatives on the conduct and development of process hazards analyses and on the development of the other elements of the safety program in this chapter.
(C) The stationary source shall provide to employees and their representatives access to process hazard analyses and to all other information required to be developed under this chapter. (4) Training. For each employee in such covered process:
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(A) Initial Training. Each employee presently involved in operating a covered process, and each employee before being involved in operating a newly assigned covered process, shall be trained in an overview of the process and in the operating procedures as specified in subsection (a)(2)(A) of this section. The training shall include emphasis on the specific safety and health hazards, emergency operations including shutdown and safe work practices applicable to the employee's job tasks. In lieu of initial training for those employees already involved in operating a process, an owner or operator may certify in writing that the employee has the required knowledge, skills and abilities to safely carry out the duties and responsibilities as specified in the operating procedures.
(B) Refresher Training. Refresher training shall be provided at least every three years, and more often if necessary, to each employee involved in operating a covered process to assure that the employee understands and adheres to the current operating procedures of the covered process. The stationary source, in consultation with the employees involved in operating the process, shall determine the appropriate frequency of refresher training.
(C) Training Documentation. The stationary source shall ascertain that each employee involved in operating a process has received and understood the training required by this section. The stationary source shall prepare a record which contains the identity of the employee, the date of training, and the means used to verify that the employee understood the training.
(5) Mechanical Integrity, Including the Use of Industry codes, standards, and guidelines.
(A) Application. Paragraphs (B) through (F) of this subsection apply to the following process equipment: pressure vessels and storage tanks; piping systems (including piping components such as valves); relief and vent systems and devices; emergency shutdown systems; controls (including monitoring devices and sensors, alarms and interlocks) and pumps.
(B) Written Procedures. The stationary source shall establish and implement written procedures to maintain the on-going integrity of process equipment.
(C) Training for Process Maintenance Activities. The stationary source shall train each employee involved in maintaining the on-going integrity of process equipment in an overview of that process and its hazards and in the procedures applicable to the employee's job tasks to assure that the employee can perform the job tasks in a safe manner. (D) Inspection and Testing.
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(i) Inspections and tests shall be performed on process equipment.

Inspection and testing procedures shall follow recognized and generally accepted good engineering practices. The frequency of inspections and tests of process equipment shall be consistent with applicable manufacturers' recommendations and good engineering practices, and more frequently if determined to be necessary by prior operating experience. The stationary source shall document each inspection and test that has been performed on process equipment. The documentation shall identify the date of the inspection or test, the name of the person who performed the inspection or test, the serial number or other identifier of the equipment on which the inspection or test was performed, a description of the inspection or test performed, and the results of the inspection or test.
(E) Equipment Deficiencies. The stationary source shall correct deficiencies in equipment that are outside acceptable limits (defined by the process safety information in subsection (a)(1) of this section) before further use or in a safe and timely manner when necessary means are taken to assure safe operation.
(F) Quality Assurance. In the construction of new plants and equipment, the stationary source shall assure that equipment as it is fabricated is suitable for the process application for which they will be used.

Appropriate checks and inspections shall be performed to assure that equipment is installed properly and consistent with design specifications and the manufacturer's instructions. The stationary source shall assure that maintenance materials, spare parts and equipment are suitable for the process application for which they will be used.
(6) Management of Change:
(A) The stationary source shall establish and implement written procedures to manage changes (except for "replacements in kind") to process chemicals, technology, equipment and procedures; and changes to stationary sources that affect a covered process. (B) The procedures shall assure that the following considerations are addressed prior to any change: the technical basis for the proposed change; impact of change on safety and health; modifications to operating procedures; necessary time period for the change; and authorization requirements for the proposed change. The procedures shall also require identification and analysis of inherently safer systems as required by subsection (i) of this section.
(C) Employees involved in operating a process and maintenance and contract employees whose job tasks will be affected by a change in the process shall be informed of, and trained in, the change prior to start-up of the process or affected part of the process.
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(D) If a change covered by this section results in a change in the process safety information required by subsection (a)(1) of this section, such information shall be updated accordingly.
(E) If a change covered by this section results in a change in the operating procedures or practices required by subsection (a)(2) of this section, such procedures or practices shall be updated accordingly. (7) Pre-startup Reviews:
(A) The stationary source shall perform a pre-startup safety review for new stationary sources and for modified stationary sources when the modification is significant enough to require a change in the process safety information.
(B) The pre-startup safety review shall confirm that prior to the introduction of regulated substances to a covered process: construction and equipment is in accordance with design specifications; safety, operating, maintenance and emergency procedures are in place and are adequate; for new covered processes, a process hazard analysis has been performed and recommendations have been resolved or implemented before startup; and modified covered processes meet the requirements contained in management of change, subsection (a)(6) of this section; and training of each employee involved in operating a process has been completed.
(8) Compliance Audits:
(A) The stationary source shall certify that they have evaluated compliance with the provisions of this section at least every three years to verify that the procedures and practices developed under this chapter are adequate and are being followed.
(B) The compliance audit shall be conducted by at least one person knowledgeable in the process.
(C) A report of the findings of the audit shall be developed. (D) The stationary source shall promptly determine and document an appropriate response to each of the findings of the compliance audit, and document that deficiencies have been corrected.
(E) The stationary source shall retain the two most recent compliance audit reports.
(9) Incident Investigation:
(A) The stationary source shall investigate each incident which resulted in or could reasonably have resulted in a catastrophic release of a regulated substance.
(B) An incident investigation shall be initiated as promptly as possible, but not later than 48 hours following the incident.
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(C) An incident investigation team shall be established and consist of at least one person knowledgeable in the covered process involved, including a contract employee if the incident involved work of the contractor, and other persons with appropriate knowledge and experience to thoroughly investigate and analyze the incident. (D) A report shall be prepared at the conclusion of the investigation which includes at a minimum: date of incident; date investigation began; a description of the incident; the factors that contributed to the incident; and recommendations resulting from the investigation. The written summary shall indicate whether the cause of the incident and/or recommendations resulting from the investigation are specific only to the process or equipment involved in the incident, or are applicable to other processes or equipment at the stationary source. The incident investigation report shall be made available to Contra Costa Health upon request.
(E) The stationary source shall establish a system to promptly address and resolve the incident report findings and recommendations. As part of this system, inherently safer systems shall be identified and analyzed as required by subsection (i) of this section. Resolutions and corrective actions shall be documented.
(F) The report shall be reviewed with all affected personnel whose job tasks are relevant to the incident findings, including contract employees where applicable.
(G) Incident investigation reports shall be retained for five years. (10) Hot Work:
(A) The stationary source shall issue a hot work permit for hot work operations conducted on or near a covered process.
(B) The permit shall document that the fire prevention and protection requirements in Section 5189 of Title 8 of California Code of Regulations have been implemented prior to beginning the hot work operations; it shall indicate the date(s) authorized for hot work; and identify the object on which hot work is to be performed. The permit shall be kept on file until completion of the hot work operations. (11) Contractors:
(A) Application. This section applies to contractors performing maintenance or repair, turnaround, major renovation, or specialty work on or adjacent to a covered process. It does not apply to contractors providing incidental services which do not influence process safety, such as janitorial work, food and drink services, laundry, delivery or other supply services.

(B) Stationary Source Responsibilities:
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(i) The stationary source, when selecting a contractor, shall obtain and evaluate information regarding the contract owner or operator's safety performance and programs.
(ii) The stationary source shall inform contract owner or operator of the known potential fire, explosion, or toxic release hazards related to the contractor's work and the process.
(iii) The stationary source shall explain to the contract owner or operator the applicable provisions of the emergency response program subsection (a)(12) of this section.
(iv) The stationary source shall develop and implement safe work practices consistent with subsection (a)(2) of this section, to control the entrance, presence, and exit of the contract owner or operator and contract employees in covered process areas.
(v) The stationary source shall periodically evaluate the performance of the contract owner or operator in fulfilling their obligations as specified in subsection (a)(11)(C) of this section.
(C) Contract owner or operator responsibilities:
(i) The contract owner or operator shall assure that each contract employee is trained in the work practices necessary to safely perform his/her job.
(ii) The contract owner or operator shall assure that each contract employee is instructed in the known potential fire, explosion or toxic release hazards related to his/her job and the process, and the applicable provisions of the emergency action plan.
(iii) The contract owner or operator shall document that each contract employee has received and understood the training required by this section. The contract owner or operator shall prepare a record which contains the identity of the contract employee, the date of training, and the means used to verify that the employee understood the training.
(iv) The contract owner or operator shall assure that each contract employee follows the safety rules of the stationary source including the safe work practices required by subsection (a)(2) of this section. (v) The contract owner or operator shall advise the stationary source of any unique hazards presented by the contract owner or operator's work, or of any hazards found by the contract owner or operator's work.
(12) Emergency Response Program:
(A) The stationary source shall develop and implement an emergency response program for the purpose of protecting public health and the environment. Such program shall include the following elements:
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(i) An emergency response plan, which shall be maintained at the stationary source and contain at least the following elements:
procedures for informing the public and local emergency response agencies about accidental releases, emergency planning, and emergency response; documentation of proper first-aid and emergency medical treatment necessary to treat accidental human exposures; and procedures and measures for emergency response after an accidental release of a regulated substance;
(ii) Procedures for the use of emergency response equipment and for its inspection, testing, and maintenance, including documentation of inspection, testing, and maintenance;
(iii) Training for all employees in relevant procedures and the incident command system; and
(iv) Procedures to review and update, as appropriate, the emergency response plan to reflect changes at the stationary source and ensure that employees are informed of changes.
(B) A written plan that complies with other Federal contingency plan regulations or is consistent with the approach in the National Response Team's Integrated Contingency Plan Guidance ("One Plan") and that, among other matters, includes the elements provided in subsection (a)(12)(A) of this section, shall satisfy the requirements of this section if the stationary source also complies with subsection (a)(12)(C) of this section.
(C) The emergency response plan developed under this section shall be coordinated with the community emergency response plan developed under Section 11003 of Title 42 of the United States Code (U.S.C.).

Upon request of the local emergency planning committee or emergency response officials, the stationary source shall promptly provide to the local emergency response officials information necessary for developing and implementing the community emergency response plan.
(D) The stationary source whose employees will not respond to accidental releases of regulated substances need not comply with subsections (a)(12)(A) through (a)(12)(C) of this section provided that they meet the following:
(i) For stationary sources with any regulated toxic substance held in a process above the threshold quantity, the stationary source is included in the community emergency response plan developed under Section 11003 of Title 42 of the United States Code (U.S.C.); or
(ii) For stationary sources with only regulated flammable substances held in a process above the threshold quantity, the stationary 220
source has coordinated response actions with the local fire department; and
(iii) Appropriate mechanisms are in place to notify emergency responders when there is a need for a response.
(13) Safety Program Management:
(A) The owner or operator of a stationary source subject to this chapter shall develop a management system to oversee the implementation of the safety program elements.
(B) The owner or operator shall assign a qualified person or position that has the overall responsibility for the development, implementation, and integration of the safety program elements.
(C) When responsibility for implementing individual requirements of this chapter is assigned to persons other than the person identified under subsection (a)(13)(b) of this section, the names or positions of these people shall be documented and the lines of authority defined through an organization chart or similar document.
(D) Process Safety Performance Indicators:
(i) No later than September 30, 2014, Contra Costa Health shall develop a list of stationary source activities and other events to be measured by each stationary source in order to evaluate the performance of process safety systems. This list is the "event list." Each stationary source shall measure these activities and other events and document the measurements. These documented
measurements are "common process safety performance
indicators." No later than September 30 of each year after 2014, each stationary source will report to Contra Costa Health the common process safety performance indicators recorded by the stationary source in the prior calendar year. Contra Costa Health will include these common process safety performance indicators in the annual performance review and evaluation report required by Section 6.43.160 of this chapter.
(ii) Contra Costa Health shall review the event list at least once every three years to determine if it should be revised. If Contra Costa Health determines that a new activity or other event will be added to the event list, stationary sources shall report to Contra Costa Health the new common process safety performance indicator(s) by September 30 of the next year following the revision of the event list.
(iii) No later than September 30, 2014, each stationary source shall develop a list of site-specific activities and other events that it will measure in order to evaluate the performance of its process safety systems. Each stationary source shall document these site-specific process safety performance indicators and make this
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documentation available to Contra Costa Health during an audit or inspection and upon request.
(b) Human Factors Program.
(1) Stationary sources shall develop a written human factors program that follows the Contra Costa County Safety Program Guidance Document (which is adopted herein by this reference). The program shall be developed within one year following the issuance of the county guidance documents, the effective date of the ordinance codified in this section, or as otherwise allowed by this chapter, whichever is later. The human factors program shall address:
(A) The inclusion of human factors in the process hazards analysis process;
(B) The consideration of human systems as causal factors in the incident investigation process for major chemical accidents or releases or for an incident that could reasonably have resulted in a major chemical accident or release;
(C) The training of employees in the human factors program; (D) Operating procedures;
(E) Maintenance safe work practice procedures and maintenance procedures for specialized equipment, piping, and instruments, no later than February 1, 2015, unless a compelling case can be made by the stationary source that compliance by that date is significantly impracticable, in which case the Richmond City Manager or designee may extend the deadline up to one year, subject to appeal to the Richmond City Council; and
(F) The requirement to conduct a management of change prior to staffing changes or changes in permanent staffing levels/reorganization in operations, maintenance, health and safety, or emergency response.

This requirement shall also apply to stationary sources using contractors in permanent positions in operations and maintenance.

Prior to conducting the management of change, the stationary source shall ensure that the job function descriptions are current and accurate for the positions under consideration. Staffing changes that last longer than 90 days are considered permanent. Temporary changes associated with strike preparations shall also be subject to this requirement. Employees and their representatives shall be consulted in the management of change.
(2) Employees and their representatives shall participate in the development of the written human factors program.
(3) The program shall include, but not be limited to, issues such as staffing, shiftwork and overtime.
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(4) A description of the human factors program subsections (b)(1) through (b)(3) above shall be included in the safety plan prepared by the stationary source.
(c) Root Cause Analysis and Incident Investigation.
(1) Stationary sources shall conduct a root cause analysis for each major chemical accident or release which occurs after the effective date of the ordinance codified in this chapter. Stationary sources shall periodically update Contra Costa Health of facts related to the release or incident, and the status of a root cause analysis conducted pursuant to this section, at meetings scheduled by Contra Costa Health in cooperation with the stationary source. To the maximum extent feasible, Contra Costa Health and the stationary source shall coordinate these meetings with other agencies with jurisdiction over the stationary source. Within thirty days of completing a root cause analysis performed pursuant to this section, the stationary source shall submit to Contra Costa Health a final report containing that analysis, including recommendations to be implemented to mitigate against the release or incident reoccurring, if any, and a schedule for completion of resulting recommendations. The stationary source shall also comply with subsection (i)(1)(E) of this section, if applicable. Contra Costa Health may require the stationary source to submit written, periodic update reports at a frequency not to exceed every thirty days until the final report is submitted. The methodology of the root cause analysis shall be one of the methodologies recognized by the Center for Chemical Process Safety or shall be reviewed by Contra Costa Health to determine substantial equivalency.
(2) Contra Costa Health may elect to do its own independent root cause analysis or incident investigation for a major chemical accident or release. If Contra Costa Health elects to conduct a root cause analysis or incident investigation, the stationary source shall cooperate with Contra Costa Health by providing the following access and information in a manner consistent with the safety of Building Official and stationary source personnel and without placing undue burdens on the operation of the stationary source:
(A) Allow Contra Costa Health to investigate the accident site and directly related facilities such as control rooms, physical evidence and where practicable the external and internal inspection of equipment; (B) Provide Contra Costa Health with pertinent documentation; and (C) Allow Contra Costa Health to conduct independent interviews of stationary source employees, subject to all rights of the stationary source and employees to be represented by legal counsel and/or management and union representatives during such interviews. If in the course of Contra Costa Health's root cause analysis or incident investigation access is required to areas of the stationary source which in the judgment of the stationary source require personnel entering the 223
area to use protective equipment and/or have specialized training, Contra Costa Health shall provide its personnel with such equipment and training. To the maximum extent feasible Contra Costa Health shall coordinate any root cause analysis or incident investigation it conducts with investigations conducted by other agencies with jurisdiction over the stationary source to minimize the adverse impacts on the stationary source and/or its employees.
(3) No part of the conclusions, findings or recommendations of the root cause analysis conducted by Contra Costa Health or stationary source, or incident investigation conducted by Contra Costa Health, relating to any major chemical accident or release or the investigation thereof shall be admitted as evidence or used in any action or suit for damages arising out of any matter mentioned in such report.
(4) If Contra Costa Health issues a root cause analysis report, the stationary source shall comply with subsection (i)(1)(E) of this section if applicable. (d) Process Hazard Analysis/Action Items.
(1) Process hazard analyses will be conducted for each of the covered processes according to one of the following methods: What-if, Checklist, What-If/Checklist, Hazard and Operability Study (HAZOP), Failure Mode and Effects Analysis (FMEA), Fault Tree Analysis or an appropriate equivalent methodology approved by Contra Costa Health prior to conducting the process hazard analysis. The PHA shall be appropriate to the complexity of the covered process and shall identify, evaluate, and control the hazards involved in the covered process. The PHA shall address: the hazards of the process; the identification of any previous incident which had a likely potential for catastrophic consequences; engineering and administrative controls applicable to the hazards and their interrelationships such as appropriate application of detection methodologies to provide early warning of releases (acceptable detection methods might include process monitoring and control instrumentation with alarms, and detection hardware such as hydrocarbon sensors); consequences of failure of engineering and administrative controls; covered process and stationary source siting; human factors and a qualitative evaluation of a range of the possible safety and health effects of failure of controls. Process hazard analyses should also include consideration of external events for seismic analyses, which are only required when criteria listed in Section 6.43.09(d)(2) are satisfied. All process hazard analyses shall be performed by a team with expertise in engineering and process operations, and the team shall include at least one employee who has experience and knowledge specific to the process being evaluated. Also, one member of the team must be knowledgeable in the specific PHA methodology being used.
(2) The process hazard analyses shall be conducted within one year of the effective date of the ordinance codified in this chapter and no later than the 224
submittal date of the safety plan. Previously completed process hazard analyses that comply with the California Code of Regulations, Title 8, Section 5189, and/or the California Code of Regulations, Title 19, Section 5100.2 are acceptable for the purposes of this chapter. Process hazard analyses shall be updated and revalidated at least once every 5 years after completion of the initial process hazard analysis. Updated and revalidated process hazard analyses completed to comply with the California Code of Regulations, Title 8, Section 5189, and/or the California Code of Regulations, Title 19, Section 5100 are acceptable for meeting the update and revalidation requirement. External events, including seismic events, shall be considered for processes containing a substance defined in the California Code of Regulations, Title 19, Chapter 2, Section 5130.6, if the distance to the nearest public receptor for a worst case release scenario specified by the California Code of Regulations, Title 19, Chapter 2, Section 5080.3 is within the distance to a toxic or flammable endpoint as defined in California Code of Regulations, Title 19, Chapter 2, Section 5080.2(a). (3) For all covered processes, the stationary source shall document the decision made to implement or not implement all PHA recommended action items and the results of recommendations for additional study. The stationary source shall complete recommended actions from the initial PHA and from PHA revalidations, identified by the process hazard analysis and selected for implementation by the stationary source as follows: all actions not requiring a process shutdown shall be completed within one year after the completion of the PHA; all actions requiring a process shutdown shall be completed during the first regularly scheduled turnaround of the applicable process subsequent to one year after the completion of the PHA unless the stationary source demonstrates to the satisfaction of Contra Costa Health that such a schedule is infeasible. For recommended actions not selected for implementation, the stationary source shall include the justification for not implementing the recommended action. For all covered processes, the stationary source shall retain documentation of closure, and any associated justifications, of actions identified by the PHA. The stationary source shall communicate the actions to operating, maintenance, and other employees whose work assignments are in the process and who may be affected by the recommendations or actions.
(e) Accident History.
(1) The stationary source shall include an accident history in the safety plan of all major chemical accidents or releases from June 1, 1992, through the date of safety plan submittal to Contra Costa Health. For each major chemical accident or release the stationary source shall report the following information, to the extent known:

Date, time and approximate duration of the release;
Chemicals released;
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Estimated quantity released in pounds;
Type of release event and its source;
Weather conditions at the time of the release;
On-site impacts;
Known off-site impacts;
Initiating event and contributing factors;
Root cause(s);
Whether off-site responders were notified; and
Operational or process changes that resulted from the investigation of the release.
(2) The stationary source shall annually submit a report of the accident history to Contra Costa Health. The first report shall be due two years after the effective date of the ordinance codified in this chapter, and subsequent reports shall be due by September 30 of each year.
(f) Certification. The owner or operator shall submit in the safety plan a single certification that, to the best of the signer's knowledge, information, and belief formed after reasonable inquiry, the information submitted is true, accurate, and complete.
(g) Security and Vulnerability Assessment. Each stationary source shall perform and document a security and vulnerability assessment as defined in the Contra Costa County CalARP program guidance document, within one year of the effective date of the ordinance codified in this chapter, and at least once every five years after the initial assessment, or as prescribed by Federal regulation.

The stationary source shall document its process for assuring that recommendations are addressed.
(h) Safety Culture Assessment. The stationary source shall conduct a safety culture assessment. The assessment shall be based upon a method listed in the Contra Costa County ISO Safety Program guidance document or shall be reviewed by Contra Costa Health to determine substantial equivalency. The initial assessment shall be performed by one year following the revisions to the Industrial Safety Ordinance guidance document that addresses the safety culture assessment, and at least once every five years thereafter. The safety culture assessment will be reviewed during the audit and inspection of the stationary source. Contra Costa Health may perform its own safety culture assessment after a major chemical accident or release or the occurrence of any incident that could reasonably have led to a major chemical accident or release, or based on Contra Costa Health audit results of the stationary source. (i) Inherently Safer Systems Analysis.
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(1) A stationary source shall conduct an inherently safer systems analysis (ISAA) for each covered process as follows:
(A) The stationary source shall conduct an ISAA on existing covered processes every five years.
(B) The stationary source shall conduct an ISSA in the development and analysis of recommended action items identified in a PHA. (C) Effective September 30, 2014, whenever a major change is proposed at a facility that could reasonably result in a major chemical accident or release, the stationary source shall conduct an ISAA as part of a management of change review required by subsection (a)(6)(B) of this section.
(D) If an incident occurs on or after September 30, 2014, an investigation of the incident is conducted pursuant to subsection (a)(9)(A) of this section and the incident investigation report recommends a major change that could reasonably result in a major chemical accident or release, the stationary source shall commence and complete an ISSA of the recommended major change as soon as administratively practicable after completion of the incident investigation report. (E) If an incident occurs on or after September 30, 2014, a root cause analysis of the incident is conducted as required by subsections (c)(1) or (c)(2) of this section, and the root cause analysis report or an associated incident investigation report recommends a major change that could reasonably result in a major chemical accident or release, the stationary source shall commence an ISSA of recommended major change as soon as administratively practicable after completion of the root cause analysis report.
(F) The stationary source shall conduct an ISSA during the design of new processes, process units and facilities. Immediately upon completion of the ISSA report referred to in subsection (i)(2) of this section, the stationary source shall advise Contra Costa Health of the availability of the ISSA report.
(2) The stationary source shall prepare a written report documenting each ISSA within thirty days of completion of the ISSA and make the report available to Contra Costa Health during an audit or inspection and upon request. The ISSA report must contain, at a minimum, the following information:
(A) Identification and a description of the inherently safer system(s) analyzed in the ISSA;
(B) A description of the methodology used to analyze the inherently safer system(s);
(C) The conclusions of the analysis;
(D) The rationale for the conclusions; and
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(E) An action plan, including a timeline to implement the inherently safer system(s) recommended in the ISSA.
(3) The stationary source shall select and implement each inherently safer system identified in an ISSA report to the greatest extent feasible and as soon as administratively practicable. If a stationary source concludes that implementation of an inherently safer system is not feasible, the stationary source shall document the basis for this conclusion in meaningful detail.

The documentation shall include sufficient evidence to demonstrate to Contra Costa Health's satisfaction that implementing the inherently safer system is not feasible and the reasons for this conclusion. A claim that implementation of an inherently safer system is not feasible shall not be based solely on evidence of reduced profits or increased costs. (j) Safeguard Protection Analysis.
(1) Effective September 30, 2014, a stationary source shall conduct a Layer of Protection Analysis or an alternative type of analysis approved by Contra Costa Health that uses a quantitative, qualitative or equivalent semi- quantitative method to determine the effectiveness of existing safeguards and safeguards recommended in a PHA to reduce the probability and/or severity of a catastrophic release. The safeguard protection analysis may be a standalone analysis or incorporated within a PHA.
(2) The stationary source shall complete the safeguard protection analysis no later than June 30, 2019. A safeguard protection analysis that was completed by a stationary source within five years prior to June 30, 2019, in accordance with the standards set forth in subsection (j)(1) of this section, will be deemed to comply with this requirement. The stationary source shall update and revalidate the safeguard protection analysis at least once every five years.
(3) All safeguard protection analyses shall be performed by a team with expertise in engineering and process operations. The team shall include at least one employee who has experience and knowledge specific to the safeguards and one member who is knowledgeable about the specific safeguard protection analysis method used.
(4) The stationary source shall prepare a written report that documents the safeguard protection analysis in accordance with the standard of practice applicable to the type of analysis conducted. The stationary source will complete the report within thirty days after the completion of the safeguard protection analysis and make the report available to Contra Costa Health during an audit or inspection and upon request.

6.43.095 Tank terminal safety requirements.

The tank terminal shall submit to Contra Costa Health a safety plan that includes the safety elements listed in subsection (a), within one and a half years after the effective date of the ordinance adding Section 6.43.095 to this chapter, within one and a half 228
years after Contra Costa Health first issues a safety program guidance document for tank terminals, or within one and a half years after a tank terminal becomes subject to this section, whichever is later. In addition, the tank terminal shall comply with the safety requirements set forth in subsections (a) through (c) and shall include a description of the manner of compliance with the safety program elements in subsection (a) in the safety plan. Any new tank terminal equipment at an existing tank terminal shall comply with subsections (a) through (c) prior to introduction of an ignitable liquid into that equipment.
(a) Safety Program Elements. All tank terminal activities and tank terminal equipment shall be subject to the safety program elements listed below. The safety plan shall include a description of the manner in which these safety program elements listed shall be applied to the tank terminal. These safety program elements shall be implemented in conformance with Contra Costa Health’s safety program guidance document for tank terminals.
(1) Safety Information.
(A) The tank terminal shall complete a compilation of written safety information before conducting any hazard review as required by this chapter. The compilation of written safety information enables the tank terminal and the employees involved in tank terminal activities to identify and understand the hazards posed by these activities. This safety information shall include information pertaining to the hazards of the tank terminal activities and information pertaining to the hazards of the ignitable liquids contained in tank terminal equipment.
(i) The safety information required under subsection (a)(1)(A) shall consist of at least the following: Toxicity information; permissible exposure limits; physical data; reactivity data; corrosivity data; thermal and chemical stability data; and hazardous effects of inadvertent mixing of different materials that could foreseeably occur. Safety data sheets meeting the requirements of Section 5194, Title 8 of California Code of Regulations may be used to comply with this requirement to the extent they contain the information required by this subsection.
(ii) Information pertaining to the tank terminal activities shall include at least the following: A block flow diagram or simplified process flow diagram; maximum intended inventory; safe upper and lower limits for such items as temperatures, pressures, flows, levels or compositions; and an evaluation of the consequences of deviations. Where the original technical information no longer exists, such information may be developed in conjunction with the hazard review in sufficient detail to support the analysis. (iii) Information pertaining to the tank terminal equipment shall include materials of construction; P&ID’s; electrical classification; relief system design and design basis; design codes and standards employed; and safety systems (e.g., interlocks, detection or suppression systems).
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(B) The tank terminal shall document that tank terminal equipment complies with recognized and generally accepted good engineering practices. (C) For existing tank terminal equipment designed and constructed in accordance with codes, standards, or practices that is no longer in general use, the tank terminal shall determine and document that the equipment is designed, maintained, inspected, tested, and operating in a safe manner.
(2) Operating Procedures.
(A) The tank terminal shall develop and implement written operating procedures that provide clear instructions for safely conducting tank terminal activities consistent with the safety information and shall address at least the following elements:
(i) Steps for each operating phase: Initial startup; normal operations; temporary operations; emergency shutdown, including the conditions under which emergency shutdown is required, and the assignment of shutdown responsibility to qualified operators to ensure that emergency shutdown is executed in a safe and timely manner; emergency operations; normal shutdown; and startup following a maintenance outage or after an emergency shutdown.
(ii) Operating limits: Consequences of deviation; and steps required to correct or avoid deviation.
(B) Safety and Health Considerations. Properties of, and hazards presented by, the ignitable liquids contained in tank terminal equipment; precautions necessary to prevent exposure, including engineering controls, administrative controls, and personal protective equipment; control measures to be taken if physical contact or airborne exposure occurs; quality control for raw materials and control of hazardous inventory levels; and, any special or unique hazard.
(C) Operating procedures shall be readily accessible to employees who operate or maintain tank terminal equipment.
(D) Operating procedures shall be reviewed and revised as often as necessary to assure that they reflect current operating practice, including changes that result from changes in ignitable liquids, tank terminal activities or tank terminal equipment, or changes to the tank terminal. The tank terminal shall certify annually that these operating procedures are current and accurate.
(E) The tank terminal shall develop and implement safe work practices to provide for the control of hazards during operations such as hot work; lockout/tagout; confined space entry; opening tank terminal equipment; and control over access to a tank terminal by maintenance, contractor, laboratory, or other support personnel. These safe work practices shall apply to employees and contractor employees. 230
(F) Training on Operating Procedures. The tank terminal shall provide initial and refresher training to each employee involved in implementing the written operating procedures for safely conducting tank terminal activities. Initial training shall be provided to each employee before being involved in newly assigned tank terminal activities.

Refresher training shall be provided at least every three years to each employee involved in tank terminal activities to assure that the employee understands and adheres to the current operating procedures. All training shall be documented. (3) Mechanical Integrity, Including the Use of Industry codes, standards, and guidelines.
(A) Application. Subsections (a)(3)(B) through (a)(3)(F) apply to the following tank terminal equipment: Pressure vessels and storage tanks; piping subsystems (including piping components such as valves); relief and vent systems and devices; emergency shutdown systems; controls (including monitoring devices and sensors, alarms, and interlocks) and pumps.
(B) Written Procedures. The tank terminal shall establish and implement written procedures to maintain the ongoing integrity of tank terminal equipment. (C) Training for Tank Terminal Equipment Maintenance Activities. The tank terminal shall train each employee involved in maintaining the ongoing integrity of tank terminal equipment in hazards of the tank terminal equipment and of the ignitable liquid contained in the equipment, and in the procedures applicable to the employee's job tasks to assure that the employee can perform the job tasks in a safe manner. (D) Inspection and Testing. Inspections and tests shall be performed on tank terminal equipment. Inspection and testing procedures shall follow recognized and generally accepted good engineering practices. The frequency of inspections and tests of tank terminal equipment shall be consistent with applicable manufacturers' recommendations and good engineering practices, and more frequently if determined to be necessary by prior operating experience. The tank terminal shall document each inspection and test that has been performed on tank terminal equipment. The documentation shall identify the date of the inspection or test, the name of the person who performed the inspection or test, the serial number or other identifier of the equipment on which the inspection or test was performed, a description of the inspection or test performed, and the results of the inspection or test. (E) Equipment Deficiencies. The tank terminal shall correct deficiencies in equipment that are outside acceptable limits (defined by the safety information in subsection (a)(1)) before further use or in a safe and timely manner when necessary means are taken to assure safe operation.
(F) Quality Assurance. In the construction of new equipment, the tank terminal shall assure that equipment as it is fabricated is suitable for the tank terminal activities for which they will be used. Appropriate checks and inspections shall be performed to 231
assure that equipment is installed properly and consistent with design specifications and the manufacturer's instructions. The tank terminal shall assure that maintenance materials, spare parts and equipment are suitable for the tank terminal activity in which they will be used.
(4) Management of Change, including compliance with applicable building and fire codes then in effect.
(A) The tank terminal shall establish and implement written procedures to manage changes (except for "replacements in kind") to ignitable liquids, tank terminal activities, tank terminal equipment, and procedures.
(B) The procedures shall assure that the following considerations are addressed prior to any change: The technical basis for the proposed change; impact of change on safety and health; modifications to operating procedures; necessary time period for the change; and authorization requirements for the proposed change. (C) Employees involved in operating a tank terminal and maintenance and contract employees whose job tasks will be affected by a change shall be informed of, and trained in, the change prior to operating the tank terminal equipment. (D) If a change covered by this section results in a change in the safety information required by subsection (a)(1), such information shall be updated accordingly.
(E) If a change covered by this section results in a change in the operating procedures or practices required by subsection (a)(2), or results in a change in written procedures to maintain the ongoing integrity of tank terminal equipment required by subsection (a)(3), such procedures or practices shall be updated accordingly. (F) Prior to construction of new tank terminal equipment or a structure, or alteration to the construction or use of existing tank terminal equipment or an existing structure, the tank terminal owner or operator shall consult with the local agency having authority to enforce the California Building Standards Code regarding any required building permits that must be obtained prior to construction or alteration. (G) If a change covered by this section will result in a change in the type of material stored in any field erected tank, the tank terminal owner or operator shall consult with the local agency having land use authority regarding any required land use permits or other approvals that must be obtained prior to the change. (5) Pre-Startup Reviews.
(A) The tank terminal shall perform a pre-startup safety review for new tank terminal equipment and for modified tank terminal equipment when a modification is significant enough to require a change in the safety information. 232
(B) The pre-startup safety review shall confirm, separate and in addition to any management of change review, that prior to the introduction of ignitable liquids to tank terminal equipment: Construction and equipment is in accordance with design specifications; safety, operating, maintenance, and emergency procedures are in place and are adequate; modified tank terminal equipment meets the requirements contained in management of change, subsection (a)(4); and training of each employee involved in operating tank terminal equipment has been completed.
(6) Incident Investigation.
(A) The tank terminal shall investigate each incident that resulted in or could reasonably have resulted in a major chemical accident or release (MCAR), uncontrolled ignition of an ignitable liquid, or a threatened release (as defined in Health and Safety Code section 25501(t)) of one or more ignitable liquids. (B) An incident investigation shall be initiated as promptly as possible, but not later than 48 hours following the incident.
(C) An incident investigation team shall be established and consist of at least one person knowledgeable in the tank terminal activities involved, including a contract employee if the incident involved work of the contractor, and other persons with appropriate knowledge and experience to thoroughly investigate and analyze the incident.
(D) A report shall be prepared at the conclusion of the investigation which includes at a minimum: Date of incident; date investigation began; a description of the incident; the factors that contributed to the incident; and recommendations resulting from the investigation. The written summary shall indicate whether the cause of the incident and/or recommendations resulting from the investigation are specific only to the tank terminal activities or tank terminal equipment involved in the incident or are applicable to other tank terminal activities or tank terminal equipment at the tank terminal. The incident investigation report shall be made available to Contra Costa Health upon request.
(E) The tank terminal shall establish a system to promptly address and resolve the incident report findings and recommendations. Resolutions and corrective actions shall be documented with completion date(s).
(F) The report shall be reviewed with all affected personnel whose job tasks are relevant to the incident findings, including contract employees where applicable. (G) Incident investigation reports shall be retained for five years. (7) Emergency Response.
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(A) The tank terminal shall develop and implement an emergency response program for the purpose of protecting public health and the environment. Such program shall include the following elements:
(i) An emergency response plan, which shall be maintained at the tank terminal and contain at least the following elements: Procedures for informing the public and local emergency response agencies about accidental releases, emergency planning, and emergency response; documentation of proper first-aid and emergency medical treatment necessary to treat accidental human exposures; and procedures and measures for emergency response after an accidental release of an ignitable liquid. (ii) Procedures for the use of emergency response equipment and for its inspection, testing, and maintenance, including documentation of inspection, testing, and maintenance.
(iii) Training for all employees in relevant procedures and the incident command system; and
(iv) Procedures to review and update, as appropriate, the emergency response plan to reflect changes at the tank terminal and ensure that employees are informed of changes.
(B) A written plan that complies with other federal contingency plan regulations or is consistent with the approach in the national response team's integrated contingency plan guidance ("One Plan") and that, among other matters, includes the elements provided in subsection (a)(7)(A), shall satisfy the requirements of this section if the tank terminal also complies with subsection (a)(7)(C).
(C) The emergency response plan developed under this section shall be coordinated with the community emergency response plan developed under 42 U.S.C.

Section 11003. Upon request of the local emergency planning committee or emergency response officials, the tank terminal shall promptly provide to the local emergency response officials information necessary for developing and implementing the community emergency response plan.
(D) The tank terminal whose employees will not respond to an accidental release of an ignitable liquid need not comply with subsections (a)(7)(A) through (a)(7)(C) provided that they meet the following:
(i) The tank terminal has coordinated response actions with the local fire department at least once every-three years; and
(ii) Appropriate mechanisms are in place to notify emergency responders when there is a need for a response.
(8) Safety Program Management.
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(A) The tank terminal shall develop a management system to oversee the implementation of the safety program elements.
(B) The tank terminal shall assign a qualified person or position that has the overall responsibility for the development, implementation, and integration of the safety program elements.
(C) When responsibility for implementing individual safety program elements is assigned to persons other than the person identified under subsection (a)(8)(B), the names or positions of these people shall be documented and the lines of authority defined through an organization chart or similar document. (D) Safety Performance Indicators.
(i) No later than September 30, 2024, Contra Costa Health shall develop a list of tank terminal activities and other events to be measured by each tank terminal in order to evaluate the performance of safety systems. This list is the "event list." Each tank terminal shall measure these activities and other events and document the measurements. These documented measurements are "common safety performance indicators." No later than September 30 of each year after the effective date of the ordinance adding Section 6.43.095 to this chapter, each tank terminal will report to Contra Costa Health the common safety performance indicators recorded by the tank terminal in the prior calendar year. Contra Costa Health will include these common safety performance indicators in the annual performance review and evaluation report required by Section 6.43.160.
(ii) Contra Costa Health shall review the event list at least once every three years to determine if the event list should be revised. If Contra Costa Health determines that a new activity or other event will need to be added to the event list, each tank terminal shall report to Contra Costa Health the new common safety performance indicator(s) by September 30 of the next year following the revision of the event list. (iii) No later than September 30, 2024, each tank terminal shall develop a list of site-specific activities and other events that it will measure in order to evaluate the performance of its safety systems. Each shall document these site-specific safety performance indicators and make this documentation available to Contra Costa Health during an audit or inspection and upon request.
(b) Hazard Review/Action Items.
(1) A hazard review (HR) will be conducted on each tank terminal activity according to one of the following methods: What-if, checklist, what-if/checklist, HAZOP, failure mode and effects analysis (FMEA), fault tree analysis, or an appropriate equivalent methodology approved by Contra Costa Health prior to conducting the hazard review. The HA shall be appropriate to the complexity of the tank terminal activity and shall identify, evaluate, and control the hazards involved in the tank terminal 235
activity. The HR shall address: The hazards of the tank terminal activity; the identification of any previous incident which had a likely potential for catastrophic consequences; engineering and administrative control applicable to the hazards and their interrelationships such as appropriate application of detection methodologies to provide early warning of releases (acceptable detection methods might include monitoring and control instrumentation with alarms, and detection hardware such as hydrocarbon sensors); consequences of failure of engineering and administrative controls; tank terminal equipment and tank terminal siting; human factors; and a qualitative evaluation of a range of the possible safety and health effects of failure of controls. Hazard reviews should also include consideration of external events. All hazard reviews shall be performed by a team with expertise in engineering and tank terminal activities, and the team shall include at least one operating employee who has experience and knowledge specific to the activity being evaluated. Also, one member of the team must be knowledgeable in the specific HR methodology being used. (2) The hazard review shall be conducted within one year of the effective date of the ordinance adding 6.43.095 to this chapter and no later than the submittal date of the safety plan. Hazard reviews shall be updated and revalidated at least once every five years after completion of the initial hazard review. As part of the HR, a tank terminal shall complete a seismic assessment in accordance with good engineering practices as set forth in American Petroleum Institute Standard 650, 13th edition, Appendix A, and a security and vulnerability assessment (SVA) within one year after the effective date of the ordinance adding Section 6.43.095 to this chapter or within one year after Contra Costa Health first issues a safety program guidance document for tank terminals, whichever is later, and at least once every five years after the initial assessment. A tank terminal that demonstrates its compliance with Department of Homeland Security or U.S. Coast Guard SVA requirements to the Contra Costa Health is exempt from the requirement to complete an SVA under this subsection. The tank terminal shall document its process for assuring that recommended action items in the HR are addressed.
(3) For all tank terminal activities, the tank terminal shall document the decision made to implement or not implement all HR recommended action items and the results of recommendations for additional study. The tank terminal shall complete recommended actions from the initial HR and from HR revalidations, identified by the hazard review and selected for implementation by the tank terminal within one year after the completion of the HR unless the tank terminal demonstrates to the satisfaction of Contra Costa Health that such a schedule is infeasible and obtains a written extension from Contra Costa Health , in which case the tank terminal shall complete the recommended actions in accordance with the extension. For recommended actions not selected for implementation, the tank terminal shall include the justification for not implementing the recommended action. For all tank terminal activities, the tank terminal shall retain documentation of closure, and any associated justifications, of actions identified by the HR. The tank terminal shall communicate the actions to operating, maintenance, and other employees whose work assignments relate to tank terminal activities and who may be affected by the recommendations or actions. 236
(c) Root Cause Analysis and Incident Investigation.
(1) Tank terminals shall conduct a root cause analysis for each major chemical accident or release which occurs after the effective date of the ordinance adding Section 6.43.095 to this chapter. Tank terminals shall periodically update Contra Costa Health on facts related to the release or incident, and the status of a root cause analysis conducted pursuant to this section, at meetings scheduled by Contra Costa Health in cooperation with the tank terminal. To the maximum extent feasible, Contra Costa Health and the tank terminal shall coordinate these meetings with other agencies with jurisdiction over the tank terminal. Within thirty days of completing a root cause analysis performed pursuant to this section, the tank terminal shall submit to Contra Costa Health a final report containing that analysis, including recommendations to be implemented to mitigate against the release or incident reoccurring, if any, and a schedule for completion of resulting recommendations. Contra Costa Health may require the tank terminal to submit written, periodic update reports at a frequency not to exceed every thirty days until the final report is submitted. The methodology of the root cause analysis shall be one of the methodologies recognized by the Center for Chemical Process Safety or shall be reviewed by Contra Costa Health to determine substantial equivalency.
(2) Contra Costa Health may elect to do its own independent root cause analysis or incident investigation for a major chemical accident or release. If Contra Costa Health elects to conduct a root cause analysis or incident investigation, the tank terminal shall cooperate with Contra Costa Health by providing the following access and information in a manner consistent with the safety of Contra Costa Health and tank terminal personnel and without placing undue burdens on the operation of the tank terminal:
(A) Allow Contra Costa Health to investigate the accident site and directly related facilities such as control rooms, physical evidence and where practicable the external and internal inspection of equipment.
(B) Provide Contra Costa Health with pertinent documentation; and (C) Allow Contra Costa Health to conduct independent interviews of tank terminal employees, subject to all rights of the tank terminal and employees to be represented by legal counsel and/or management and union representatives during such interviews. If, in the course of the Contra Costa Health’s root cause analysis or incident investigation, access is required to areas of the tank terminal which in the judgment of the tank terminal requires personnel entering the area to use protective equipment and/or have specialized training Contra Costa Health shall provide its personnel with such equipment and training. To the maximum extent feasible, Contra Costa Health shall coordinate any root cause analysis or incident investigation it conducts with investigations conducted by other agencies with jurisdiction over the tank terminal to minimize the adverse impacts on the tank terminal and its employees.
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(3) No part of the conclusions, findings or recommendations of the root cause analysis conducted by Contra Costa Health or tank terminal, or incident investigation conducted by Contra Costa Health, relating to any major chemical accident or release or the investigation thereof, shall be admitted as evidence or used in any action or suit for damages arising out of any matter mentioned in such report. (d) Accident History.
(1) The tank terminal shall include an accident history in the safety plan of all major chemical accidents or releases from January 1, 2018, through the date of safety plan submittal to Contra Costa Health. For each major chemical accident or release the tank terminal shall report the following information, to the extent known:

Date, time and approximate duration of the release;
Chemicals released;
Estimated quantity released in pounds;
Type of release event and its source;
Weather conditions at the time of the release;
On-site impacts;
Known off-site impacts;
Initiating event and contributing factors;
Root cause(s);
Whether off-site responders were notified; and
Operational or tank terminal equipment changes that resulted from the investigation of the release.
(2) The tank terminal shall annually submit a report of the accident history to Contra Costa Health. The first report shall be due two years after the effective date of the ordinance adding Section 6.43.095 to this chapter, and subsequent reports shall be due September 30 of each year.
(e) Certification. The tank terminal shall submit in the safety plan a single certification that, to the best of the signer's knowledge, information, and belief formed after reasonable inquiry, the information submitted is true, accurate, and complete.

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6.43.100 - Review, audit and inspection.
(a) Upon submission of a safety plan under Section 6.43.090 or Section 6.43.095, Contra Costa Health shall review the safety plan to determine if all the required elements are included and complete. Contra Costa Health shall provide to the stationary source a written notice of deficiencies, if any. The stationary source shall have 60 calendar days from receipt of the notice of deficiencies to make any corrections. The stationary source may request, in writing, a one-time 30-day calendar day extension to correct deficiencies. By the end of the 60 calendar days or any extension period, the stationary source shall resubmit the revised safety plan to Contra Costa Health. After Contra Costa Health determines that the safety plan is complete, Contra Costa Health shall schedule a public meeting on the stationary source's safety plan to explain its contents to the public and take public comments.

Public comments on the safety plan shall be taken by Contra Costa Health for a period of 45 days after the safety plan is made available to the public. Contra Costa Health shall schedule a public meeting on the stationary source's safety plan during the 45-day comment period. The public meetings shall be held in the affected community on evenings or weekends. Contra Costa Health shall respond in writing to all written comments received during the 45-day comment period and to all oral comments received and not addressed at the public meeting. Contra Costa Health shall make portions of the safety plan, which are not protected trade secret information, available to the public for the public meeting. (b) Contra Costa Health shall, within one year of the submission of the stationary source's safety plan, conduct an initial audit and inspection of the safety program to determine compliance with this Chapter; as follows:
(1) Based upon Contra Costa Health's review of the safety plan and the audit and inspection of the stationary source, Contra Costa Health may require modifications or additions to the safety plan submitted by the stationary source, or safety program limited to bring the safety plan or safety program into compliance with the requirements of this chapter. Any determination that modifications or additions to the safety plan or safety program are required shall be in writing, collectively referred to as the "preliminary determination." The preliminary determination shall explain the basis for the modifications or additions required to bring the safety plan or safety program into compliance with the requirements of this chapter. The preliminary determination shall be provided to the stationary source.
(2) The stationary source shall respond in writing to the preliminary determination issued by Contra Costa Health. The response shall state that the stationary source will incorporate into the safety plan or safety program the revisions contained in the preliminary determination or shall state that the stationary source rejects the revisions, in whole or in part. For each rejected revision, the stationary source shall explain the basis for rejecting such revision. Such explanation may include substitute revisions.
(3) The stationary source's written response to Contra Costa Health's preliminary determination shall be received by Contra Costa Health within 90 days of the 239
issuance of the preliminary determination or such shorter time as Contra Costa Health specifies in the preliminary determination as being necessary to protect public health and safety. Prior to the written response being due and upon written request from the stationary source, Contra Costa Health may provide, in writing, additional time for the response to be received. (4) After receiving the written response from the stationary source, Contra Costa Health shall issue a public notice pursuant to their public participation policy and make portions of the safety plan, the preliminary determination and the stationary source's responses, which are not protected trade secret information, available for public review. Public comments on the safety plan shall be taken by Contra Costa Health for a period of 45 days after the safety plan, the preliminary determination and the stationary source's responses are made available to the public. Contra Costa Health shall schedule a public meeting on the stationary source’s safety plan during the 45-day comment period. The public meetings shall be held in the affected community on evenings or weekends. Contra Costa Health shall respond in writing to all written comments received during the 45-day comment period and to all oral comments received and not addressed at the public meeting.
(c) Based upon Contra Costa Health's preliminary determination, review of the stationary source's responses, and review of public comments on the safety plan, the preliminary determination and the stationary source's responses, Contra Costa Health may require modifications or additions to the safety plan submitted by the stationary source or safety program limited to bring the safety plan or safety program into compliance with the requirements of this chapter. Any determination that modifications or additions to the safety plan or safety program are required, and any determination that no modifications or additions to the safety plan or safety program are required, shall be in writing (collectively referred to as "final determination"), shall be provided to the stationary source and shall be made available to the public. A copy of the final determination report will be sent to Cal/OSHA, EPA, and the Richmond Fire Department. Contra Costa Health may not include in a final determination any requirements to a safety plan or safety program which would cause a violation of, or conflict with, any State or Federal law or regulation or a violation of any permit or order issued by any State or Federal agency.
(d) Within thirty days of Contra Costa Health's final determination, the stationary source and/or any interested person may appeal the final determination to the City Council of the City of Richmond by a verified written notice of appeal filed with the City Clerk and payment of the applicable appeal fee. The appeal shall be limited to issues raised during the public comment period. The notice shall state the grounds for any such appeal, including:
(1) The reasoning that the appeal is necessary because the stationary source is in compliance with this chapter; or
(2) The reasoning that the appeal is necessary to bring the stationary source into compliance with this chapter.
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(e) In acting on the appeal, the City Council shall receive and consider the recommendation from Contra Costa County Health Services Director concerning the appeal and shall have the same authority over the final determination as Contra Costa Health. The City Council may require modifications or additions to the safety plan or safety program limited to bring the safety plan or safety program into compliance with the requirements of this chapter. The City Council may not include in its decision on the final determination any requirements to a safety plan or safety program which would cause violation of, or conflict with, any State or Federal law or regulation or a violation of any permit or order issued by any State or Federal agency. The decision of the City Council shall be final with respect to the final determination.
(f) The safety plan shall be valid for a period of three years from the date of receipt by Contra Costa Health and shall be reviewed and updated by the stationary source every three years pursuant to the requirements of this chapter. Any revisions to the safety plan as a result of the review and update shall be submitted to Contra Costa Health and shall be subject to the provisions of this section. (g) Contra Costa Health may, within 30 days of a major chemical accident or release, initiate a safety inspection to review and audit the stationary source's compliance with the provisions of Section 6.43.090 or Section 6.43.095, whichever is applicable.

Contra Costa Health shall review and audit the stationary source's compliance with the above provisions at least once every three years. Contra Costa Health may audit the stationary source based upon any of the following criteria: accident history of the stationary source; accident history of other stationary sources in the same industry; quantity of regulated substances present at the stationary source; location of the stationary source and its proximity to the public and environmental receptors; the presence of specific regulated substances; the hazards identified in the safety plan; a plan for providing neutral and random oversight or a complaint from the stationary source's employee(s) or their representative. Subject to the provisions and limitations of Section 6.43.090 or Section 6.43.095, the stationary source shall allow Contra Costa Health to conduct these inspections and audits. Contra Costa Health, at its option, may select an outside consultant to assist in conducting said inspection.
(h) Within thirty days of a major chemical accident or release, Contra Costa Health may commence an incident safety inspection with respect to the process involved in the incident pursuant to the provisions of Section 6.43.090(c) or Section

6.43.095(c).
(i) Based upon Contra Costa Health's audit, safety inspection or an incident inspection, Contra Costa Health may require modifications or additions to the safety plan submitted by the stationary source or safety program limited to bringing the safety plan or safety program into compliance with the requirements of this chapter. (1) Any determination by Contra Costa Health shall be in writing and shall be provided to the stationary source (referred to as the "notice of findings"). The stationary source shall have sixty calendar days from receipt of the notice of findings to make any corrections. The stationary source may request, in writing, 241
a one-time thirty-day calendar day extension to make corrections. Contra Costa Health may not include in its notice of findings requirements to a safety plan or safety program which would cause a violation of, or conflict with, any State or Federal law or regulation or a violation of any permit or order issued by any State or Federal agency. The notice of findings made by Contra Costa Health will be available to the public.
(2) Within thirty days of Contra Costa Health's notice of findings, the stationary source and/or any interested person may appeal the notice of findings to the City Council by a verified written notice of appeal filed with the City Clerk and payment of the applicable appeal fee. The appeal must state the grounds for any such appeal, including:
(A) The reasoning that the appeal is necessary because the stationary source is in compliance with this chapter; or
(B) The reasoning that the appeal is necessary to bring the stationary source into compliance with this chapter.
(3) In acting on the appeal, the City Council shall receive and consider the recommendation from the Contra Costa County Health Services Director concerning the appeal and shall have the same authority over the notice of findings as Contra Costa Health. The City Council may require modifications or additions to the safety plan or safety program limited to bring the safety plan or program into compliance with the requirements of this chapter. The City Council may not include in its decision on the notice of findings any requirements to a safety plan or safety program which would cause a violation of, or conflict with, any State or Federal law or regulation or a violation of any permit or order issued by any State or Federal agency. The decision of the City Council shall be final with respect to the notice of findings.
(j) Nothing in this section shall preclude, limit or interfere in any way with the authority of the City to exercise its enforcement, investigatory and information gathering authorities under any other provision of law; nor shall anything in this chapter effect or diminish the rights of the stationary source to claim legal privileges such as attorney-client privilege and/or attorney work product with respect to information and/or documents required to be submitted to or reviewed by Contra Costa Health.

6.43.110 - Trade secrets.

The disclosure of any trade secret information required by this chapter shall be governed by California Health and Safety Code Section 25538, as amended from time to time, or as otherwise protected or required by law.

6.43.120 - Industrial safety programs ombudsperson.

The City of Richmond shall utilize the County of Contra Costa's Hazardous Materials Ombudsperson as its Industrial Safety Programs Ombudsperson. The Industrial Safety Programs Ombudsperson will serve as a single point of contact for people who live or work in Richmond regarding environmental health concerns, questions, and complaints about industrial safety programs. The Industrial Safety 242
Programs Ombudsperson shall be empowered to identify and solve problems and make recommendations to Contra Costa Health. The Industrial Safety Programs Ombudsperson's role will be one of investigating concerns and complaints, facilitating their resolution and assisting people in gathering information about programs, procedures, or issues. The Industrial Safety Programs Ombudsperson may retain appropriate technical experts in order to fulfill technical assistance requests from members of the public. The cost of experts may be funded through programs established by the U.S. EPA or other appropriate entities.

6.43.130 - Public information bank.
(a) Contra Costa Health shall collect and provide ready access, including the use of electronic accessibility as reasonably available, to public documents which are relevant to the goals of this chapter, including at a minimum, business plan inventories and emergency response plans, risk management plans, safety plans, and incident reports. This section shall not apply to trade secret information or other information protected from disclosure under Federal or State law. (b) Copies of the records or information collected by Contra Costa Health pursuant to subsection (a) above, which pertain to stationary sources located within the City of Richmond, shall also be deposited with the Richmond Public Library and made available for review by the public.

6.43.140 - Fees.

Contra Costa Health may, upon a majority vote of the City Council, implement the agencies adopted fee schedule to be collected from each stationary source and tank terminal subject to the requirements of this chapter. Any review, inspection, audit fee schedule shall be set in an amount sufficient to pay only those costs reasonably necessary to carry out the requirements of this chapter, including allocable costs of staff and/or consultant time or public hearings and administrative overhead. The fee schedule shall include the cost of the Industrial Safety Programs Ombudsperson.

6.43.150 - Penalties.
(a) Regardless of the availability of other civil or administrative remedies and procedures for enforcing this chapter, every act or condition prohibited or declared unlawful by this chapter, and every knowing or willful failure or omission to act as required herein, is a violation of this chapter and shall be punishable as a misdemeanor and subject to enforcement pursuant to the provisions of Section 1.04.100 through

1.04.160 of this Code.
(b) The City Manager, City Attorney, and Contra Costa Health Director, and their designated subordinates, shall have and are hereby vested with the authority to arrest any person who violates any provision of this chapter.

6.43.160 - Annual performance review and evaluation.
(a) Contra Costa Health shall annually:
(1) Review its activities to implement this chapter; and 243
(2) Evaluate the effectiveness of this chapter in achieving its purpose and goals pursuant to Section 6.43.030 of this chapter.
(b) An annual performance review and evaluation report shall be prepared by Contra Costa Health based upon the previous fiscal year's activities and shall be submitted to the City Council on or before December 31 of each year thereafter. The report shall contain:
(1) A brief description of how Contra Costa Health is meeting the requirements of this chapter as follows:
(A) Effectiveness of Contra Costa Health's program to ensure stationary source compliance with this chapter;
(B) Effectiveness of the procedures for records management; (C) Number and type of audits and inspections conducted by Contra Costa Health pursuant to this chapter;
(D) Number of root cause analyses and/or incident investigations conducted by Contra Costa Health;
(E) Contra Costa Health's process for public participation; (F) Effectiveness of the public information bank, including statu s of electronic accessibility;
(G) Effectiveness of the hazardous materials ombudsperson; and (H) Other required program elements necessary to implement and manage this chapter;
(2) A listing of all stationary sources covered by this chapter and, commencing on January 1, 2025, all tank terminals covered by this chapter, including for each:
(A) The status of the safety plan and program of each stationary source and tank terminal;
(B) A summary of all safety plan updates and a listing of where the safety plans are publicly available;
(C) The annual accident history report submitted under Section

6.43.090(e)(2) or Section 6.43.095(d)(2) of this chapter; (D) A summary, including the status, of any root cause analyses conducted or being conducted under this chapter by the stationary source or tank terminal, including the status of implementation of recommendations; (E) A summary, including the status, of any audits, inspections, root cause analyses and/or incident investigations conducted or being conducted by Contra Costa Health pursuant to this chapter, including the status of implementation of recommendations;
(F) Description of inherently safer systems implemented by stationary sources;
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(G) Legal enforcement actions initiated by Contra Costa Health, including administrative, civil, and criminal actions pursuant to this chapter; (H) Process safety performance indicators reported by the stationary source as required under Section 6.43.090(a)(13)(D)(i) or safety performance indicator reported by the tank terminal as required under Section

6.43.095(a)(8)(D)(i) of this chapter;
(3) Total penalties assessed as a result of enforcement of this chapter; (4) Total fees, service charges, and other assessments collected specifically for the support of this chapter;
(5) Total personnel and personnel years utilized by the jurisdiction to directly implement or administer this chapter;
(6) Comments from interested parties regarding the effectiveness of the local program that raise public safety issues;
(7) The impact of this chapter in improving industrial safety. (c) Contra Costa Health shall provide a copy of the annual performance audit submission required by Title 19, Chapter 2, Section 5150.5 of the California Code of Regulations to the City Council on or before December 31 of each year.

6.43.170 - Construction.

Notwithstanding any other provision of this Code and for the purpose of this chapter, wherever it provides that Contra Costa Health shall act, such direction in all instances shall be deemed and is directory, discretionary and permissive and not mandatory.

6.43.180 - Conditional use permit.

When any stationary source, as defined in Section 6.43.050(o), changes its process to include the use of a higher hazard category material than currently being used, the facility shall obtain a conditional use permit in accordance with the procedures set forth in Section 15.04.806 of the Richmond Municipal Code.

6.43.190 - Determination of hazard category.

The hazard category of a material or waste shall be determined pursuant to this section.
(a) Method of Determination.
(1) The primary method of determining the material hazard category of a hazardous waste or material shall be reference to the Winter 1994 version of the U.S. Department of Transportation ("D.O.T.") Code of Federal Regulations, Title 49 ("49 CFR"), Section 172.101, "Hazardous Materials Table" (from columns (3) and (5), extract the "Hazardous Class or Division" and "Packing Group" information, then proceed to 49 CFR 173.2 to determine the material hazard category as either A, B or C). If a material is listed in 49 CFR 172.101 more than once, the rating that results in the 245
highest hazard category shall be used. The hazard category of a mixture is determined according to its common name as defined in Title 49. (2) Where a hazardous material, waste, or mixture is not referenced in 49 CFR 172.101, and the hazard category cannot be determined using the primary method, refer to the manufacturer's MSDS for the D.O.T. "Hazard Class or Division," "Packing Group" and "Name of Class or Division." Proceed to subsection (c) of this section to determine the material hazard category as either A, B or C.
(3) Where the preceding methods are not successful, Contra Costa Health or its designee shall be responsible for determining a material's hazard category.
(4) Regardless of the hazard category obtained using the methods set forth above, materials with the word "poison" in column (6) of 49 CFR 172.101, methyl chloride, and the metals antimony, mercury, lead, arsenic, thallium and cadmium and their compounds, shall be Hazard Category A materials, and denatured alcohol and methanol shall be Hazard Category B materials for purposes of this chapter.
(b) Exclusions. Regardless of the hazard category obtained using the methods set forth in subsection (a), above, hot coke, hot coal briquettes, and materials not regulated by D.O.T. or which have no D.O.T. Hazard Class or Division are not regulated by this chapter.
(c) Hazard Categories.
(1) Hazard Category A materials including the following:
(A) Forbidden materials, as referenced in 49 CFR 173.21 and 173.54; (B) Explosives and blasting agents, Class 1, as defined in 49 CFR 173.50(b)(1) through 173.50(b)(6);
(C) Reactive materials, air reactive materials — Class 4, Division 4.2 as defined in 49 CFR 173.124(b)(1) and (2); Water reactive materials — Class 4, Division 4.3 as defined in 49 CFR 173.124(c); and Organic peroxides — Class 5, Division 5.2 as defined in 49 CFR 173.128; (D) Radioactive materials, Class 7 as defined in 49 CFR 173.403(y):
(E) Oxidizers D.O.T. Packing Group I, Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group I is required per 49 CFR 173.127(b)(2)(I);
(F) Poisons, D.O.T., Poisons, Class 6, Division 6.1 as defined in 49 CFR 173.133 (applies to all hazard zones), Infectious substances, Class 6, Division 6.2 as defined in 49 CFR 13.134;
(G) Poison gas, Class 2, Division 2.3 as defined in 49 CFR 173.115(c). (2) Hazard Category B materials including the following:
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(A) Flammable liquids, Class 3 Packing Groups I and II as defined in 49 CFR 173.120(a);
(B) Flammable solids, Class 4, Division 4.1 as defined in 49 CFR 173.124(a);
(C) Oxidizers, D.O.T. Packing Group II, Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group II is required per 49 CFR 173.127(b)(2)(ii);
(D) Flammable gases, Class 2, Division 2.1 as defined in 49 CFR 173.115(a);
(E) Corrosives, D.O.T. Packing Group I or II, Class 8 Packing Groups I or II as defined in 49 CFR 173.136(a) and 173.137(a) and (b). (3) Hazard Category C materials include the following:
(A) Non-flammable compressed gases, Class 2, Division 2.2 as defined in 49 CFR 173.115(b);
(B) Combustible liquids, Class 3 Packing Group III as defined in 49 CFR 173.120(b);
(C) Miscellaneous hazardous materials, Class 9 as defined in 49 CFR 173.155;
(D) Oxidizers D.O.T. Packing Group III, Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group III is required per 49 CFR 173.127(b)(2)(iii); and
(E) Corrosives D.O.T. Packing Group III, Class 8 Packing Group III as defined in CFR 49 173.136(a) and 173.137(c).

SECTION 3: Severability.

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

SECTION 4: Effective Date.

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

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First introduced at a regular meeting of the City Council of the City of Richmond held ________________ and finally passed and adopted at a regular meeting held _________________________by the following vote:
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AYES:

NOES:

ABSTENTIONS:

ABSENT:

_____________________________

CLERK OF THE CITY OF

RICHMOND
(SEAL)

Approved:

______________________
Mayor

Approved as to form:

______________________
City Attorney

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