Agenda — Richmond City Council, October 22, 2024 (part 5 of 9)

City of Richmond
TITLE 2 CFR 200 Cost Allocation Plan
Source Cost Data from Fiscal Year 2022-2023 Actual Expenditures ALLOCATION DETAIL Allocation Allocated Gross Direct First Second Units Percent Allocation Billed Allocation Allocation Total 0001-907-908- GF-NON DEPARTMENTAL
0001-255- GF-CM TRANSPORTATN OPERATIONS 278,226 0.091% 2,246 - 2,246 218 2,464 0001-256- RECREATION SVCS/AQUATICS 381,542 0.124% 3,080 - 3,080 299 3,379 0001-257- RECREATION SVCS/CONVENTION CTR 455,046 0.148% 3,673 - 3,673 357 4,030 0001-259- RECREATION SVCS/PLUNGE 393,136 0.128% 3,173 - 3,173 308 3,482 0001-260- RECREATION SVCS/CITIES OF SRVC 272,525 0.089% 2,200 - 2,200 214 2,414 0001-361- GF ECON DEV/ADMINISTRATION 458,749 0.150% 3,703 - 3,703 360 4,063 0001-362- GF ECON DEV/SP PRJ-ENVIRONMNTL 309,846 0.101% 2,501 - 2,501 243 2,744 0001-364- GF-ECON DEV/PUBLIC ART DIV 397,517 0.130% 3,209 - 3,209 312 3,520 0001-369- GF-ECON DEV/REAL ESTATE DIV 458,928 0.150% 3,704 - 3,704 360 4,064 0001-371- INTERNAL SERVICES-ADMIN 324,790 0.106% 2,622 - 2,622 255 2,876 1001- SR-SPO/ADMIN DIV - 0.000% - - - - - 1002- GAS TAX-PW/PVMNT MAINT DIV 2,395,854 0.781% 19,338 - 19,338 1,880 21,218 1003- TRANSPORTATION OPERATIONS 594,603 0.194% 4,799 - 4,799 467 5,266 1004- STATE ASSET SEIZURE 63,660 0.021% 514 - 514 50 564 1005- LIBRARY FUND 267,456 0.087% 2,159 - 2,159 210 2,369 1006- OUTSIDE FUNDED SVCS - GRANTS 3,732,906 1.218% 30,130 - 30,130 2,929 33,059 1007- EMS-FIRE/OES DIV 198,075 0.065% 1,599 - 1,599 155 1,754 1010- NR-CTY MNGR/SP-NRWR ADM DIV 130,578 0.043% 1,054 - 1,054 102 1,156 1012- HILLTOP LMD-PARKS&LNDSCP DIV 1,179,853 0.385% 9,523 - 9,523 926 10,449 1015- MRNA BAY LNDSCP & LIGHT DIV 1,163,659 0.380% 9,393 - 9,393 913 10,306 1017- CHEVRON MODERNIZATN PROJ & CIA 4,263,307 1.391% 34,411 - 34,411 3,345 37,756 1018- RENT CONTROL PROGRAM 2,465,331 0.804% 19,899 - 19,899 1,934 21,833 1019- SBI RMRA CAP IMPROVEMENT 2,191,767 0.715% 17,691 - 17,691 1,720 19,411 1050- CR-PLANNING & BUILDING 9,594,960 3.129% 77,446 - 77,446 7,528 84,974 1054- PUBLIC WORKS GRANTS ADMIN 169,526 0.055% 1,368 - 1,368 133 1,501 1055- ENCROACHMENTS SVCS 551,567 0.180% 4,452 - 4,452 433 4,885 1200- HOUSING ADMINISTRATION DIV 267,395 0.087% 2,158 - 2,158 210 2,368 1201- CDBG 188,137 0.061% 1,519 - 1,519 148 1,666 1202- HSNG/HOME ADMINISTRATION DIV 374 0.000% 3 - 3 0 3 1203- NSPI-NGHBRHD STABIL PROG 7,169 0.002% 58 - 58 6 63 1205- EMPLOYMENT & TRAINING 5,417,354 1.767% 43,726 - 43,726 4,250 47,977 1207- COR-NEIGHBORHOOD STAB(CITY) 3,365 0.001% 27 - 27 3 30 1208- SUCCESSOR HOUSING AGENCY 114,672 0.037% 926 - 926 90 1,016 1209- CAL-HOME 169,671 0.055% 1,370 - 1,370 133 1,503 1302- DEVLP IN LIEU FEE-HOUSING PROJ 98,803 0.032% 797 - 797 78 875 1303- KIDS FIRST INITIATIVE 1,722,322 0.562% 13,902 - 13,902 1,351 15,253 1304- EMERGENCY OPE & DISASTR RECVRY 115,087 0.038% 929 - 929 90 1,019 1305- PUBLIC ART 96,446 0.031% 778 - 778 76 854 1306- AMERICAN RESCUE PLAN ACT 789,227 0.257% 6,370 - 6,370 619 6,989 2001- CAP OUTLAY-PW/CIP DIV 48,528 0.016% 392 - 392 38 430 2002- MEASURE J-PUBLIC WORKS CIP 662,019 0.216% 5,344 - 5,344 519 5,863 2110- IMPACT FEES PARKS/PW 15,383 0.005% 124 - 124 12 136 2111- IMPACT FEE - TRAFFIC/PW CIP 25,371 0.008% 205 - 205 20 225 2113- IMPACT FEES-FIRE 86,154 0.028% 695 - 695 68 763 2114- IMPACT FEES-POLICE 1,480 0.000% 12 - 12 1 13 2115- IMPACT FEE - COMM/AQUATIC 1,679 0.001% 14 - 14 1 15 2116- IMPACT FEES-OPEN PARKS/PW 276,523 0.090% 2,232 - 2,232 217 2,449 2117- IMPACT FEES-LIBRARY SVCS 9,045 0.003% 73 - 73 7 80 2119- IF-UTILITIES/STORMWATER 6,552 0.002% 53 - 53 5 58 2120- IF-UTILITIES/WASTEWATER 11,868 0.004% 96 - 96 9 105 2125- IRON TRIANGLE/EPA PROGRAMS 83,046 0.027% 670 - 670 65 735 3001- DS-2005 PENS OBLIG BOND-DIV 23,319,910 7.606% 188,227 - 188,227 18,297 206,524 3002- DS-99A PENS OBLIG BOND-DIV 109,205 0.036% 881 - 881 86 967 3005- DS-2009 REFNDING&CIVIC CTR DIV 4,114,706 1.342% 33,212 - 33,212 3,228 36,440 Prepared by NBS for the City of Richmond
Fiscal Year 2024-25
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City of Richmond
TITLE 2 CFR 200 Cost Allocation Plan
Source Cost Data from Fiscal Year 2022-2023 Actual Expenditures ALLOCATION DETAIL Allocation Allocated Gross Direct First Second Units Percent Allocation Billed Allocation Allocation Total 0001-907-908- GF-NON DEPARTMENTAL
4001- PORT OF RICHMOND 5,134,544 1.675% 41,444 - 41,444 4,029 45,472 4003- WASTEWATER 20,812,356 6.788% 167,988 - 167,988 16,329 184,317 4005- MARINA 217,344 0.071% 1,754 - 1,754 171 1,925 4006- STRMWATER-UTL/ADMIN DIV 1,767,245 0.576% 14,264 - 14,264 1,387 15,651 4008- KCRT - CABLE TELEVIS 957,308 0.312% 7,727 - 7,727 751 8,478 4101- RHA-HSG CHOICE VOUCH SEC 8 ADM 969,225 0.316% 7,823 - 7,823 760 8,584 4102- RHA-HOPE 6 ADMINISTRATION DIV - 0.000% - - - - - 4201- RHA-CAPITAL ADMN DIV 301,905 0.098% 2,437 - 2,437 237 2,674 4401- RHA-HACIENDA ADMN DIV 11,491 0.004% 93 - 93 9 102 4404- RHA-NEVIN PLAZA ADMN DIV 1,496,739 0.488% 12,081 - 12,081 1,174 13,255 4405- RHA-NYSTROM VILLAGE ADMN DIV 798,113 0.260% 6,442 - 6,442 626 7,068 4406- RHA-RCHMD VLG ONE ADMN DIV 202,200 0.066% 1,632 - 1,632 159 1,791 4407- RHA-RCHMD VLG TWO ADMN DIV 139,751 0.046% 1,128 - 1,128 110 1,238 4408- RHA-RCHMD VLLG THREE ADMIN DIV 92,492 0.030% 747 - 747 73 819 4501- RHA-CENTRAL OFFICE COST CNTR 487,706 0.159% 3,937 - 3,937 383 4,319 4502- RHA-HOUSING/RAD CORP ADMIN DIV 17,239 0.006% 139 - 139 14 153 5001- INSURANCE RESERVES 16,104,043 5.252% 129,984 - 129,984 12,635 142,619 5003- EQUIPMENT SERVICES 2,026,433 0.661% 16,356 - 16,356 1,590 17,946 5008- COMPENSATED ABSENCES 2,438,444 0.795% 19,682 - 19,682 1,913 21,595 6004- COMMISSION ON AGING DIV 9,419 0.003% 76 - 76 7 83 6005- SEAVER GALLERY TRUST FUND 14,411 0.005% 116 - 116 11 128 6007- SENIOR TRUST DEPOSIT 11,287 0.004% 91 - 91 9 100 6047- CERTBT PLAN FUND-RPOA 215,002 0.070% 1,735 - 1,735 169 1,904 6048- OPEB PLAN TRUST 7,061,998 2.303% 57,001 - 57,001 5,541 62,542 6049- PT MOLATE PRIVATE-PURPOSE TRST 504,575 0.165% 4,073 - 4,073 396 4,469 6050- GEN PEN-NONDPT TRST 240,913 0.079% 1,945 - 1,945 189 2,134 6051- POL&FIR-NONDPT TRST 1,033,225 0.337% 8,340 - 8,340 811 9,150 6052- GARFLD-NONDPT TRST 8,845 0.003% 71 - 71 7 78 6058- MARINA WS-ND SP AS 104,201 0.034% 841 - 841 82 923 6059- CNTRY CLUB-ND SP AS 126,194 0.041% 1,019 - 1,019 99 1,118 6101- SA - PRPRTY TAX DIVISION - 0.000% - - - - - 6102- SA-SCCR ADMINISTRATION DIV 254,869 0.083% 2,057 - 2,057 200 2,257 6103- SA - CAPITAL PROJECT FUNDS 154,558 0.050% 1,248 - 1,248 121 1,369 6300- SA-DS HARBOR 98 TARB 5,297 0.002% 43 - 43 4 47 6304- SA-DS 2003B TARB 299,969 0.098% 2,421 - 2,421 235 2,657 6305- SA-DS 2004A TARB (2/3) 283,497 0.092% 2,288 - 2,288 222 2,511 6306- SA-DS 2004A TARB HOUSING 142,631 0.047% 1,151 - 1,151 112 1,263 6309- SA-DS 2007/10 B TARB - HOUSING 1,642 0.001% 13 - 13 1 15 6401- SA-DS 2014A NON-TAXABLE BONDS 374,819 0.122% 3,025 - 3,025 294 3,319 6403- SA-DS LOANS PAYABLE 567,110 0.185% 4,577 - 4,577 445 5,022 6404- SA-DS 2021A NON-TAXABLE BONDS 577,222 0.188% 4,659 - 4,659 453 5,112 6405- SA-DS 2021B TAXABLE BONDS 17,782 0.006% 144 - 144 14 157 6996- SA - GENERAL LNG TERM DEBT GRP 129,191 0.042% 1,043 - 1,043 101 1,144 9102- CITY OF RICHMOND - GFAAG 13,637,801 4.448% 110,078 - 110,078 10,700 120,778 AO- ALL OTHER - 0.000% - - - - - Total $ 306,600,823 100.000% $ 2,474,738 $ - $ 2,474,738 $ 206,320 $ 2,681,058 Allocation Basis: FY 22-23 Modified Total Direct Cost per Fund/Dept.

Source of Allocation: 3-Actual Expenditures _NBS.xlsx
Prepared by NBS for the City of Richmond
Fiscal Year 2024-25
20 - Allocations

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ALLOCABLE BUDGET UNITS
BLDG- Building Use - 0.000% $ - $ - $ - EQUIP- Equipment Use - 0.000% - - - 0001-131- GF-CITY MNGR ADMIN DIV 4 1.418% 39,404 39,404 39,404 0001-141- CITY CLERK ADMIN DIV 4 1.418% 39,404 39,404 39,404 0001-151- CITY ATTRNY ADMIN DIV 10 3.546% 98,509 98,509 98,509 0001-171- FIN-ADMN SVCS/ADMIN DIV 5 1.773% 49,255 49,255 49,255 0001-172- FINANCE/GEN ACCTING DIV 7 2.482% 68,956 68,956 68,956 0001-173- FIN/BDGT-OPERATING DIV 2 0.709% 19,702 19,702 19,702 0001-174- FIN/PAYROLL DIV 2 0.709% 19,702 19,702 19,702 0001-175- FIN-TRSY/DEBT ADMIN DIV 1 0.355% 9,851 9,851 9,851 0001-176- FIN/ACCNTS PAYABLE DIV 4 1.418% 39,404 39,404 39,404 0001-177- FIN/REV COLLECTION DIV 13 4.610% 128,062 128,062 128,062 0001-178- FIN/PURCHASING DIV 2 0.709% 19,702 19,702 19,702 0001-181- GF-HR ADMIN DIV 14 4.965% 137,913 137,913 137,913 0001-232- GF-PW-FCLTY MNT/ADM DIV 34 12.057% 334,931 334,931 334,931 0001-235- GF-PW/EQUIPMENT SVCS DIV 13 4.610% 128,062 128,062 128,062 0001-261- GF-INFO TECH/ADMIN DIV 4 1.418% 39,404 39,404 39,404 0001-262- GF-I.T./TELECOMMS DIV 4 1.418% 39,404 39,404 39,404 0001-263- GF-IT/MAILRM & DUP DIV 1 0.355% 9,851 9,851 9,851 0001-907-908- GF-NON DEPARTMENTAL - 0.000% - - -

RECEIVING BUDGET UNITS
0001-101- OFFICE OF THE MAYOR 8 2.837% 78,807 78,807 11,727 90,534 0001-105- COUNCIL/CITY COUNCIL DIV 13 4.610% 128,062 128,062 19,056 147,118 0001-121- POLICE COMMISSION DIV - 0.000% - - - - 0001-161- GF-PLN/PLNING ADMN DIV - 0.000% - - - - 0001-163- GF-PLN/CODE ENFORCEMENT DIV - 0.000% - - - - 0001-191- GF-POLICE ADMIN DIV - 0.000% - - - - 0001-192- GF-POLICE-PATROL/CIB - 0.000% - - - - 0001-193- GF-POLICE/CRIME PREVENTION - 0.000% - - - - 0001-196- GF-POLICE/REGULATORY - 0.000% - - - - 0001-197- CAD DISPATCH SYST/COMM POL DIV - 0.000% - - - - 0001-199- GF-PARKING ENFORCEMENT DIV 4 1.418% 39,404 39,404 5,863 45,267 0001-201- GF-FIRE/ADMIN DIV 4 1.418% 39,404 39,404 5,863 45,267 0001-202- GF-FIRE/SUPRESSN DIV - 0.000% - - - - 0001-203- GF-FIRE PREVENTION DIV 9 3.191% 88,658 88,658 13,192 101,851 0001-204- GF-FIRE/ SUPPORT DIV - 0.000% - - - - 0001-205- GF-FIRE/TRAINING DIV - 0.000% - - - - 0001-206- GF-FIRE/OF. OF EMS DIV - 0.000% - - - - 0001-211- OF. OF NB-HOOD SFTY ADMIN DIV 22 7.801% 216,720 216,720 32,248 248,968 0001-212- OFF OF N-HOOD SFTY/GRANT ADM - 0.000% - - - - 0001-231- GF-PW ADMIN-DIV 11 3.901% 108,360 108,360 16,124 124,484 0001-233- GF-PRKS&LNDSKP/PRKS DIV - 0.000% - - - - 0001-234- GF-PW/STREETS/ADM DIV 28 9.929% 275,826 275,826 41,043 316,868 0001-237- GF-I&M/ABATEMENT SVCS DIV - 0.000% - - - - 0001-239- GF-I&M/PROP/ASSETS MNGT DIV - 0.000% - - - - 0001-241- GF-LIB&CL SVC/L-ADM DIV 46 16.312% 453,142 453,142 67,428 520,570 0001-242- GF-LS/REF SVCS(S-DIV) - 0.000% - - - - 0001-243- GF-LIB&CL SVCS/LEAP DIV 10 3.546% 98,509 98,509 14,658 113,167 0001-251- GF-RECREATION ADM DIV - 0.000% - - - - 0001-253- CM&NB/BOOKER T CTR DIV - 0.000% - - - - 0001-254- GF-REC/SPCL EVENTS DIV - 0.000% - - - - Prepared by NBS for the City of Richmond
Fiscal Year 2024-25
20 - Allocations

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City of Richmond
TITLE 2 CFR 200 Cost Allocation Plan
Source Cost Data from Fiscal Year 2022-2023 Actual Expenditures ALLOCATION DETAIL Allocation Allocated Gross Direct First Second Units Percent Allocation Billed Allocation Allocation Total 0001-907-908- GF-NON DEPARTMENTAL
0001-255- GF-CM TRANSPORTATN OPERATIONS - 0.000% - - - - 0001-256- RECREATION SVCS/AQUATICS - 0.000% - - - - 0001-257- RECREATION SVCS/CONVENTION CTR - 0.000% - - - - 0001-259- RECREATION SVCS/PLUNGE - 0.000% - - - - 0001-260- RECREATION SVCS/CITIES OF SRVC - 0.000% - - - - 0001-361- GF ECON DEV/ADMINISTRATION - 0.000% - - - - 0001-362- GF ECON DEV/SP PRJ-ENVIRONMNTL 3 1.064% 29,553 29,553 4,397 33,950 0001-364- GF-ECON DEV/PUBLIC ART DIV - 0.000% - - - - 0001-369- GF-ECON DEV/REAL ESTATE DIV - 0.000% - - - - 0001-371- INTERNAL SERVICES-ADMIN - 0.000% - - - - 1001- SR-SPO/ADMIN DIV - 0.000% - - - - 1002- GAS TAX-PW/PVMNT MAINT DIV - 0.000% - - - - 1003- TRANSPORTATION OPERATIONS - 0.000% - - - - 1004- STATE ASSET SEIZURE - 0.000% - - - - 1005- LIBRARY FUND - 0.000% - - - - 1006- OUTSIDE FUNDED SVCS - GRANTS - 0.000% - - - - 1007- EMS-FIRE/OES DIV - 0.000% - - - - 1010- NR-CTY MNGR/SP-NRWR ADM DIV - 0.000% - - - - 1012- HILLTOP LMD-PARKS&LNDSCP DIV - 0.000% - - - - 1015- MRNA BAY LNDSCP & LIGHT DIV - 0.000% - - - - 1017- CHEVRON MODERNIZATN PROJ & CIA - 0.000% - - - - 1018- RENT CONTROL PROGRAM - 0.000% - - - - 1019- SBI RMRA CAP IMPROVEMENT - 0.000% - - - - 1050- CR-PLANNING & BUILDING - 0.000% - - - - 1054- PUBLIC WORKS GRANTS ADMIN - 0.000% - - - - 1055- ENCROACHMENTS SVCS - 0.000% - - - - 1200- HOUSING ADMINISTRATION DIV - 0.000% - - - - 1201- CDBG - 0.000% - - - - 1202- HSNG/HOME ADMINISTRATION DIV - 0.000% - - - - 1203- NSPI-NGHBRHD STABIL PROG - 0.000% - - - - 1205- EMPLOYMENT & TRAINING - 0.000% - - - - 1207- COR-NEIGHBORHOOD STAB(CITY) - 0.000% - - - - 1208- SUCCESSOR HOUSING AGENCY - 0.000% - - - - 1209- CAL-HOME - 0.000% - - - - 1302- DEVLP IN LIEU FEE-HOUSING PROJ - 0.000% - - - - 1303- KIDS FIRST INITIATIVE - 0.000% - - - - 1304- EMERGENCY OPE & DISASTR RECVRY - 0.000% - - - - 1305- PUBLIC ART - 0.000% - - - - 1306- AMERICAN RESCUE PLAN ACT - 0.000% - - - - 2001- CAP OUTLAY-PW/CIP DIV - 0.000% - - - - 2002- MEASURE J-PUBLIC WORKS CIP - 0.000% - - - - 2110- IMPACT FEES PARKS/PW - 0.000% - - - - 2111- IMPACT FEE - TRAFFIC/PW CIP - 0.000% - - - - 2113- IMPACT FEES-FIRE - 0.000% - - - - 2114- IMPACT FEES-POLICE - 0.000% - - - - 2115- IMPACT FEE - COMM/AQUATIC - 0.000% - - - - 2116- IMPACT FEES-OPEN PARKS/PW - 0.000% - - - - 2117- IMPACT FEES-LIBRARY SVCS - 0.000% - - - - 2119- IF-UTILITIES/STORMWATER - 0.000% - - - - 2120- IF-UTILITIES/WASTEWATER - 0.000% - - - - 2125- IRON TRIANGLE/EPA PROGRAMS - 0.000% - - - - 3001- DS-2005 PENS OBLIG BOND-DIV - 0.000% - - - - 3002- DS-99A PENS OBLIG BOND-DIV - 0.000% - - - - 3005- DS-2009 REFNDING&CIVIC CTR DIV - 0.000% - - - - Prepared by NBS for the City of Richmond
Fiscal Year 2024-25
20 - Allocations

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ALLOCABLE BUDGET UNITS
BLDG- Building Use - 0.000% $ - $ - $ - EQUIP- Equipment Use - 0.000% - - - 0001-131- GF-CITY MNGR ADMIN DIV 4 1.105% 9,599 9,599 9,599 0001-141- CITY CLERK ADMIN DIV 4 1.105% 9,599 9,599 9,599 0001-151- CITY ATTRNY ADMIN DIV 10 2.762% 23,998 23,998 23,998 0001-171- FIN-ADMN SVCS/ADMIN DIV 5 1.381% 11,999 11,999 11,999 0001-172- FINANCE/GEN ACCTING DIV 7 1.934% 16,799 16,799 16,799 0001-173- FIN/BDGT-OPERATING DIV 2 0.552% 4,800 4,800 4,800 0001-174- FIN/PAYROLL DIV 2 0.552% 4,800 4,800 4,800 0001-175- FIN-TRSY/DEBT ADMIN DIV 1 0.276% 2,400 2,400 2,400 0001-176- FIN/ACCNTS PAYABLE DIV 4 1.105% 9,599 9,599 9,599 0001-177- FIN/REV COLLECTION DIV 13 3.591% 31,198 31,198 31,198 0001-178- FIN/PURCHASING DIV 2 0.552% 4,800 4,800 4,800 0001-181- GF-HR ADMIN DIV 14 3.867% 33,598 33,598 33,598 0001-232- GF-PW-FCLTY MNT/ADM DIV 34 9.392% 81,595 81,595 81,595 0001-235- GF-PW/EQUIPMENT SVCS DIV 13 3.591% 31,198 31,198 31,198 0001-261- GF-INFO TECH/ADMIN DIV 4 1.105% 9,599 9,599 9,599 0001-262- GF-I.T./TELECOMMS DIV 4 1.105% 9,599 9,599 9,599 0001-263- GF-IT/MAILRM & DUP DIV 1 0.276% 2,400 2,400 2,400 0001-907-908- GF-NON DEPARTMENTAL - 0.000% - - -

RECEIVING BUDGET UNITS
0001-101- OFFICE OF THE MAYOR 8 2.210% 19,199 19,199 2,435 21,633 0001-105- COUNCIL/CITY COUNCIL DIV 13 3.591% 31,198 31,198 3,956 35,154 0001-121- POLICE COMMISSION DIV - 0.000% - - - - 0001-161- GF-PLN/PLNING ADMN DIV - 0.000% - - - - 0001-163- GF-PLN/CODE ENFORCEMENT DIV - 0.000% - - - - 0001-191- GF-POLICE ADMIN DIV - 0.000% - - - - 0001-192- GF-POLICE-PATROL/CIB - 0.000% - - - - 0001-193- GF-POLICE/CRIME PREVENTION - 0.000% - - - - 0001-196- GF-POLICE/REGULATORY - 0.000% - - - - 0001-197- CAD DISPATCH SYST/COMM POL DIV - 0.000% - - - - 0001-199- GF-PARKING ENFORCEMENT DIV 4 1.105% 9,599 9,599 1,217 10,817 0001-201- GF-FIRE/ADMIN DIV 4 1.105% 9,599 9,599 1,217 10,817 0001-202- GF-FIRE/SUPRESSN DIV - 0.000% - - - - 0001-203- GF-FIRE PREVENTION DIV 9 2.486% 21,599 21,599 2,739 24,337 0001-204- GF-FIRE/ SUPPORT DIV - 0.000% - - - - 0001-205- GF-FIRE/TRAINING DIV 1 0.276% 2,400 2,400 304 2,704 0001-206- GF-FIRE/OF. OF EMS DIV - 0.000% - - - - 0001-211- OF. OF NB-HOOD SFTY ADMIN DIV 22 6.077% 52,797 52,797 6,695 59,492 0001-212- OFF OF N-HOOD SFTY/GRANT ADM - 0.000% - - - - 0001-231- GF-PW ADMIN-DIV 11 3.039% 26,398 26,398 3,347 29,746 0001-233- GF-PRKS&LNDSKP/PRKS DIV - 0.000% - - - - 0001-234- GF-PW/STREETS/ADM DIV 28 7.735% 67,196 67,196 8,521 75,716 0001-237- GF-I&M/ABATEMENT SVCS DIV - 0.000% - - - - 0001-239- GF-I&M/PROP/ASSETS MNGT DIV - 0.000% - - - - 0001-241- GF-LIB&CL SVC/L-ADM DIV 46 12.707% 110,393 110,393 13,999 124,391 0001-242- GF-LS/REF SVCS(S-DIV) - 0.000% - - - - 0001-243- GF-LIB&CL SVCS/LEAP DIV 10 2.762% 23,998 23,998 3,043 27,042 0001-251- GF-RECREATION ADM DIV - 0.000% - - - - 0001-253- CM&NB/BOOKER T CTR DIV - 0.000% - - - - 0001-254- GF-REC/SPCL EVENTS DIV - 0.000% - - - - Prepared by NBS for the City of Richmond
Fiscal Year 2024-25
20 - Allocations

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City of Richmond
TITLE 2 CFR 200 Cost Allocation Plan
Source Cost Data from Fiscal Year 2022-2023 Actual Expenditures ALLOCATION DETAIL Allocation Allocated Gross Direct First Second Units Percent Allocation Billed Allocation Allocation Total 0001-907-908- GF-NON DEPARTMENTAL
0001-255- GF-CM TRANSPORTATN OPERATIONS - 0.000% - - - - 0001-256- RECREATION SVCS/AQUATICS - 0.000% - - - - 0001-257- RECREATION SVCS/CONVENTION CTR - 0.000% - - - - 0001-259- RECREATION SVCS/PLUNGE - 0.000% - - - - 0001-260- RECREATION SVCS/CITIES OF SRVC - 0.000% - - - - 0001-361- GF ECON DEV/ADMINISTRATION - 0.000% - - - - 0001-362- GF ECON DEV/SP PRJ-ENVIRONMNTL 3 0.829% 7,200 7,200 913 8,112 0001-364- GF-ECON DEV/PUBLIC ART DIV - 0.000% - - - - 0001-369- GF-ECON DEV/REAL ESTATE DIV - 0.000% - - - - 0001-371- INTERNAL SERVICES-ADMIN - 0.000% - - - - 1001- SR-SPO/ADMIN DIV - 0.000% - - - - 1002- GAS TAX-PW/PVMNT MAINT DIV - 0.000% - - - - 1003- TRANSPORTATION OPERATIONS - 0.000% - - - - 1004- STATE ASSET SEIZURE - 0.000% - - - - 1005- LIBRARY FUND - 0.000% - - - - 1006- OUTSIDE FUNDED SVCS - GRANTS - 0.000% - - - - 1007- EMS-FIRE/OES DIV - 0.000% - - - - 1010- NR-CTY MNGR/SP-NRWR ADM DIV - 0.000% - - - - 1012- HILLTOP LMD-PARKS&LNDSCP DIV - 0.000% - - - - 1015- MRNA BAY LNDSCP & LIGHT DIV - 0.000% - - - - 1017- CHEVRON MODERNIZATN PROJ & CIA - 0.000% - - - - 1018- RENT CONTROL PROGRAM 17 4.696% 40,797 40,797 5,173 45,971 1019- SBI RMRA CAP IMPROVEMENT - 0.000% - - - - 1050- CR-PLANNING & BUILDING 28 7.735% 67,196 67,196 8,521 75,716 1054- PUBLIC WORKS GRANTS ADMIN - 0.000% - - - - 1055- ENCROACHMENTS SVCS - 0.000% - - - - 1200- HOUSING ADMINISTRATION DIV - 0.000% - - - - 1201- CDBG - 0.000% - - - - 1202- HSNG/HOME ADMINISTRATION DIV - 0.000% - - - - 1203- NSPI-NGHBRHD STABIL PROG - 0.000% - - - - 1205- EMPLOYMENT & TRAINING 18 4.972% 43,197 43,197 5,478 48,675 1207- COR-NEIGHBORHOOD STAB(CITY) - 0.000% - - - - 1208- SUCCESSOR HOUSING AGENCY - 0.000% - - - - 1209- CAL-HOME - 0.000% - - - - 1302- DEVLP IN LIEU FEE-HOUSING PROJ - 0.000% - - - - 1303- KIDS FIRST INITIATIVE - 0.000% - - - - 1304- EMERGENCY OPE & DISASTR RECVRY - 0.000% - - - - 1305- PUBLIC ART - 0.000% - - - - 1306- AMERICAN RESCUE PLAN ACT - 0.000% - - - - 2001- CAP OUTLAY-PW/CIP DIV - 0.000% - - - - 2002- MEASURE J-PUBLIC WORKS CIP - 0.000% - - - - 2110- IMPACT FEES PARKS/PW - 0.000% - - - - 2111- IMPACT FEE - TRAFFIC/PW CIP - 0.000% - - - - 2113- IMPACT FEES-FIRE - 0.000% - - - - 2114- IMPACT FEES-POLICE - 0.000% - - - - 2115- IMPACT FEE - COMM/AQUATIC - 0.000% - - - - 2116- IMPACT FEES-OPEN PARKS/PW - 0.000% - - - - 2117- IMPACT FEES-LIBRARY SVCS - 0.000% - - - - 2119- IF-UTILITIES/STORMWATER - 0.000% - - - - 2120- IF-UTILITIES/WASTEWATER - 0.000% - - - - 2125- IRON TRIANGLE/EPA PROGRAMS - 0.000% - - - - 3001- DS-2005 PENS OBLIG BOND-DIV - 0.000% - - - - 3002- DS-99A PENS OBLIG BOND-DIV - 0.000% - - - - Prepared by NBS for the City of Richmond
Fiscal Year 2024-25
20 - Allocations

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City of Richmond
TITLE 2 CFR 200 Cost Allocation Plan
Source Cost Data from Fiscal Year 2022-2023 Actual Expenditures 0001-907-908- GF-NON DEPARTMENTAL

ALLOCABLE BUDGET UNITS
BLDG- Building Use $ - $ - $ - $ - $ - EQUIP- Equipment Use - - - - - 0001-131- GF-CITY MNGR ADMIN DIV 67,072 7,850 39,404 9,599 123,925 0001-141- CITY CLERK ADMIN DIV 59,914 7,017 39,404 9,599 115,934 0001-151- CITY ATTRNY ADMIN DIV 104,342 27,455 98,509 23,998 254,305 0001-171- FIN-ADMN SVCS/ADMIN DIV 33,772 4,537 49,255 11,999 99,562 0001-172- FINANCE/GEN ACCTING DIV 82,532 9,937 68,956 16,799 178,224 0001-173- FIN/BDGT-OPERATING DIV 36,426 4,183 19,702 4,800 65,111 0001-174- FIN/PAYROLL DIV 26,576 2,845 19,702 4,800 53,923 0001-175- FIN-TRSY/DEBT ADMIN DIV 51,648 7,134 9,851 2,400 71,033 0001-176- FIN/ACCNTS PAYABLE DIV 7,418 817 39,404 9,599 57,238 0001-177- FIN/REV COLLECTION DIV 55,771 7,915 128,062 31,198 222,946 0001-178- FIN/PURCHASING DIV 27,621 3,149 19,702 4,800 55,271 0001-181- GF-HR ADMIN DIV 98,377 16,942 137,913 33,598 286,829 0001-232- GF-PW-FCLTY MNT/ADM DIV 337,487 70,069 334,931 81,595 824,082 0001-235- GF-PW/EQUIPMENT SVCS DIV 150,163 29,670 128,062 31,198 339,093 0001-261- GF-INFO TECH/ADMIN DIV 54,887 14,480 39,404 9,599 118,370 0001-262- GF-I.T./TELECOMMS DIV 38,382 13,076 39,404 9,599 100,461 0001-263- GF-IT/MAILRM & DUP DIV 7,427 1,251 9,851 2,400 20,928 0001-907-908- GF-NON DEPARTMENTAL 1,020,665 123,905 - - 1,144,570

RECEIVING BUDGET UNITS
0001-101- OFFICE OF THE MAYOR 42,287 4,736 90,534 21,633 159,190 0001-105- COUNCIL/CITY COUNCIL DIV 44,931 5,240 147,118 35,154 232,443 0001-121- POLICE COMMISSION DIV 3,442 465 - - 3,907 0001-161- GF-PLN/PLNING ADMN DIV - 2,671 - - 2,671 0001-163- GF-PLN/CODE ENFORCEMENT DIV 109,732 14,037 - - 123,768 0001-191- GF-POLICE ADMIN DIV 3,080,720 454,286 - - 3,535,006 0001-192- GF-POLICE-PATROL/CIB - 208 - - 208 0001-193- GF-POLICE/CRIME PREVENTION 14,136 2,084 - - 16,221 0001-196- GF-POLICE/REGULATORY 4,213 716 - - 4,929 0001-197- CAD DISPATCH SYST/COMM POL DIV 304,274 32,491 - - 336,765 0001-199- GF-PARKING ENFORCEMENT DIV 26,168 2,767 45,267 10,817 85,018 0001-201- GF-FIRE/ADMIN DIV 73,699 9,413 45,267 10,817 139,196 0001-202- GF-FIRE/SUPRESSN DIV 1,856,670 254,418 - - 2,111,089 0001-203- GF-FIRE PREVENTION DIV 108,426 18,085 101,851 24,337 252,699 0001-204- GF-FIRE/ SUPPORT DIV 16,694 2,435 - - 19,129 0001-205- GF-FIRE/TRAINING DIV 137,527 2,320 - 2,704 142,551 0001-206- GF-FIRE/OF. OF EMS DIV - 78 - - 78 0001-211- OF. OF NB-HOOD SFTY ADMIN DIV 84,146 15,116 248,968 59,492 407,722 0001-212- OFF OF N-HOOD SFTY/GRANT ADM - 25 - - 25 0001-231- GF-PW ADMIN-DIV - 13,086 124,484 29,746 167,316 0001-233- GF-PRKS&LNDSKP/PRKS DIV 295,811 42,414 - - 338,225 0001-234- GF-PW/STREETS/ADM DIV 274,394 30,044 316,868 75,716 697,023 0001-237- GF-I&M/ABATEMENT SVCS DIV 133,837 19,562 - - 153,399 0001-239- GF-I&M/PROP/ASSETS MNGT DIV - 5 - - 5 0001-241- GF-LIB&CL SVC/L-ADM DIV 251,281 27,338 520,570 124,391 923,580 0001-242- GF-LS/REF SVCS(S-DIV) - 2,866 - - 2,866 0001-243- GF-LIB&CL SVCS/LEAP DIV 55,544 7,022 113,167 27,042 202,775 0001-251- GF-RECREATION ADM DIV 150,403 16,677 - - 167,081 0001-253- CM&NB/BOOKER T CTR DIV 83,000 11,712 - - 94,712 0001-254- GF-REC/SPCL EVENTS DIV 52,443 6,267 - - 58,711

ALLOCATION SUMMARY
Compensated
Leave & Retiree
Benefits
Citywide
Support
Services
Civic Center
Rent
Allocation
Civic
Center/Plaza
Security
Services Total
Prepared by NBS for the City of Richmond
Fiscal Year 2024-25
20 - Summary

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City of Richmond
TITLE 2 CFR 200 Cost Allocation Plan
Source Cost Data from Fiscal Year 2022-2023 Actual Expenditures 0001-907-908- GF-NON DEPARTMENTAL

ALLOCATION SUMMARY
Compensated
Leave & Retiree
Benefits
Citywide
Support
Services
Civic Center
Rent
Allocation
Civic
Center/Plaza
Security
Services Total
0001-255- GF-CM TRANSPORTATN OPERATIONS 17,320 2,464 - - 19,784 0001-256- RECREATION SVCS/AQUATICS 31,200 3,379 - - 34,579 0001-257- RECREATION SVCS/CONVENTION CTR 36,209 4,030 - - 40,239 0001-259- RECREATION SVCS/PLUNGE 31,134 3,482 - - 34,615 0001-260- RECREATION SVCS/CITIES OF SRVC 16,896 2,414 - - 19,310 0001-361- GF ECON DEV/ADMINISTRATION 31,729 4,063 - - 35,792 0001-362- GF ECON DEV/SP PRJ-ENVIRONMNTL 7,337 2,744 33,950 8,112 52,144 0001-364- GF-ECON DEV/PUBLIC ART DIV 13,172 3,520 - - 16,692 0001-369- GF-ECON DEV/REAL ESTATE DIV 25,138 4,064 - - 29,202 0001-371- INTERNAL SERVICES-ADMIN 26,875 2,876 - - 29,751 1001- SR-SPO/ADMIN DIV - - - - - 1002- GAS TAX-PW/PVMNT MAINT DIV - 21,218 - - 21,218 1003- TRANSPORTATION OPERATIONS - 5,266 - - 5,266 1004- STATE ASSET SEIZURE - 564 - - 564 1005- LIBRARY FUND - 2,369 - - 2,369 1006- OUTSIDE FUNDED SVCS - GRANTS - 33,059 - - 33,059 1007- EMS-FIRE/OES DIV - 1,754 - - 1,754 1010- NR-CTY MNGR/SP-NRWR ADM DIV - 1,156 - - 1,156 1012- HILLTOP LMD-PARKS&LNDSCP DIV - 10,449 - - 10,449 1015- MRNA BAY LNDSCP & LIGHT DIV - 10,306 - - 10,306 1017- CHEVRON MODERNIZATN PROJ & CIA - 37,756 - - 37,756 1018- RENT CONTROL PROGRAM - 21,833 - 45,971 67,804 1019- SBI RMRA CAP IMPROVEMENT - 19,411 - - 19,411 1050- CR-PLANNING & BUILDING - 84,974 - 75,716 160,691 1054- PUBLIC WORKS GRANTS ADMIN - 1,501 - - 1,501 1055- ENCROACHMENTS SVCS - 4,885 - - 4,885 1200- HOUSING ADMINISTRATION DIV - 2,368 - - 2,368 1201- CDBG - 1,666 - - 1,666 1202- HSNG/HOME ADMINISTRATION DIV - 3 - - 3 1203- NSPI-NGHBRHD STABIL PROG - 63 - - 63 1205- EMPLOYMENT & TRAINING - 47,977 - 48,675 96,652 1207- COR-NEIGHBORHOOD STAB(CITY) - 30 - - 30 1208- SUCCESSOR HOUSING AGENCY - 1,016 - - 1,016 1209- CAL-HOME - 1,503 - - 1,503 1302- DEVLP IN LIEU FEE-HOUSING PROJ - 875 - - 875 1303- KIDS FIRST INITIATIVE - 15,253 - - 15,253 1304- EMERGENCY OPE & DISASTR RECVRY - 1,019 - - 1,019 1305- PUBLIC ART - 854 - - 854 1306- AMERICAN RESCUE PLAN ACT - 6,989 - - 6,989 2001- CAP OUTLAY-PW/CIP DIV - 430 - - 430 2002- MEASURE J-PUBLIC WORKS CIP - 5,863 - - 5,863 2110- IMPACT FEES PARKS/PW - 136 - - 136 2111- IMPACT FEE - TRAFFIC/PW CIP - 225 - - 225 2113- IMPACT FEES-FIRE - 763 - - 763 2114- IMPACT FEES-POLICE - 13 - - 13 2115- IMPACT FEE - COMM/AQUATIC - 15 - - 15 2116- IMPACT FEES-OPEN PARKS/PW - 2,449 - - 2,449 2117- IMPACT FEES-LIBRARY SVCS - 80 - - 80 2119- IF-UTILITIES/STORMWATER - 58 - - 58 2120- IF-UTILITIES/WASTEWATER - 105 - - 105 2125- IRON TRIANGLE/EPA PROGRAMS - 735 - - 735 3001- DS-2005 PENS OBLIG BOND-DIV - 206,524 - - 206,524 Prepared by NBS for the City of Richmond
Fiscal Year 2024-25
20 - Summary

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City of Richmond
TITLE 2 CFR 200 Cost Allocation Plan
Source Cost Data from Fiscal Year 2022-2023 Actual Expenditures 0001-907-908- GF-NON DEPARTMENTAL

ALLOCATION SUMMARY
Compensated
Leave & Retiree
Benefits
Citywide
Support
Services
Civic Center
Rent
Allocation
Civic
Center/Plaza
Security
Services Total
3002- DS-99A PENS OBLIG BOND-DIV - 967 - - 967 3005- DS-2009 REFNDING&CIVIC CTR DIV - 36,440 - - 36,440 4001- PORT OF RICHMOND - 45,472 - - 45,472 4003- WASTEWATER - 184,317 - 29,746 214,063 4005- MARINA - 1,925 - - 1,925 4006- STRMWATER-UTL/ADMIN DIV - 15,651 - - 15,651 4008- KCRT - CABLE TELEVIS - 8,478 - - 8,478 4101- RHA-HSG CHOICE VOUCH SEC 8 ADM - 8,584 - - 8,584 4102- RHA-HOPE 6 ADMINISTRATION DIV - - - - - 4201- RHA-CAPITAL ADMN DIV - 2,674 - - 2,674 4401- RHA-HACIENDA ADMN DIV - 102 - - 102 4404- RHA-NEVIN PLAZA ADMN DIV - 13,255 - - 13,255 4405- RHA-NYSTROM VILLAGE ADMN DIV - 7,068 - - 7,068 4406- RHA-RCHMD VLG ONE ADMN DIV - 1,791 - - 1,791 4407- RHA-RCHMD VLG TWO ADMN DIV - 1,238 - - 1,238 4408- RHA-RCHMD VLLG THREE ADMIN DIV - 819 - - 819 4501- RHA-CENTRAL OFFICE COST CNTR - 4,319 - 13,521 17,840 4502- RHA-HOUSING/RAD CORP ADMIN DIV - 153 - - 153 5001- INSURANCE RESERVES - 142,619 - - 142,619 5003- EQUIPMENT SERVICES - 17,946 - - 17,946 5008- COMPENSATED ABSENCES - 21,595 - - 21,595 6004- COMMISSION ON AGING DIV - 83 - - 83 6005- SEAVER GALLERY TRUST FUND - 128 - - 128 6007- SENIOR TRUST DEPOSIT - 100 - - 100 6047- CERTBT PLAN FUND-RPOA - 1,904 - - 1,904 6048- OPEB PLAN TRUST - 62,542 - - 62,542 6049- PT MOLATE PRIVATE-PURPOSE TRST - 4,469 - - 4,469 6050- GEN PEN-NONDPT TRST - 2,134 - - 2,134 6051- POL&FIR-NONDPT TRST - 9,150 - - 9,150 6052- GARFLD-NONDPT TRST - 78 - - 78 6058- MARINA WS-ND SP AS - 923 - - 923 6059- CNTRY CLUB-ND SP AS - 1,118 - - 1,118 6101- SA - PRPRTY TAX DIVISION - - - - - 6102- SA-SCCR ADMINISTRATION DIV - 2,257 - - 2,257 6103- SA - CAPITAL PROJECT FUNDS - 1,369 - - 1,369 6300- SA-DS HARBOR 98 TARB - 47 - - 47 6304- SA-DS 2003B TARB - 2,657 - - 2,657 6305- SA-DS 2004A TARB (2/3) - 2,511 - - 2,511 6306- SA-DS 2004A TARB HOUSING - 1,263 - - 1,263 6309- SA-DS 2007/10 B TARB - HOUSING - 15 - - 15 6401- SA-DS 2014A NON-TAXABLE BONDS - 3,319 - - 3,319 6403- SA-DS LOANS PAYABLE - 5,022 - - 5,022 6404- SA-DS 2021A NON-TAXABLE BONDS - 5,112 - - 5,112 6405- SA-DS 2021B TAXABLE BONDS - 157 - - 157 6996- SA - GENERAL LNG TERM DEBT GRP - 1,144 - - 1,144 9102- CITY OF RICHMOND - GFAAG - 120,778 - - 120,778

AO- ALL OTHER - - - - - Total $ 9,701,269 $ 2,681,058 $ 3,009,557 $ 941,170 $ 16,333,055 Prepared by NBS for the City of Richmond
Fiscal Year 2024-25
20 - Summary

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City of Richmond
TITLE 2 CFR 200 Cost Allocation Plan
Source Cost Data from Fiscal Year 2022-2023 Actual Expenditures Budget Unit
FY 22-23 Total
Council Agendas
FY 22-23 Modified
Total Direct Cost
per Fund/Dept.

FY 22-23 Total
FTEs per
Fund/Dept.

FY 22-23
Modified Total
Direct Cost per
Fund/Dept.

FY 22-23 Total
PO's per
Fund/Dept.

FY 22-23 Total
Revenues
Received per
Fund/Dept.

FY 22-23 Total
Building Square
Footage
FY 22-23 Total
Accounts Payable
Invoices per
Fund/Dept.

ALLOCABLE BUDGET UNITS
BLDG Building Use -
EQUIP Equipment Use -
0001-131 GF-CITY MNGR ADMIN DIV 29 972,578 4.00 972,578 11 83,054 119 0001-141 CITY CLERK ADMIN DIV 50 869,319 4.00 869,319 8 239,173 168 0001-151 CITY ATTRNY ADMIN DIV 29 3,401,490 10.00 3,401,490 6 1,680,521 449 0001-171 FIN-ADMN SVCS/ADMIN DIV 67 562,065 5.00 562,065 7 79,405 211 0001-172 FINANCE/GEN ACCTING DIV 1,231,066 7.00 1,231,066 3 293,060 5 0001-173 FIN/BDGT-OPERATING DIV 518,291 2.00 518,291 3 53,047 8 0001-174 FIN/PAYROLL DIV 352,437 2.00 352,437 0001-175 FIN-TRSY/DEBT ADMIN DIV 883,892 1.00 883,892 6 205,341 43 0001-176 FIN/ACCNTS PAYABLE DIV 101,165 4.00 101,165 998 2 0001-177 FIN/REV COLLECTION DIV 980,606 13.00 980,606 7 203,503 108 0001-178 FIN/PURCHASING DIV 390,104 2.00 390,104 2 23,851 13 0001-181 GF-HR ADMIN DIV 32 2,098,968 14.00 2,098,968 15 905,141 488 0001-232 GF-PW-FCLTY MNT/ADM DIV 8,681,005 34.00 8,681,005 41 4,260,260 3,000 5,483 0001-235 GF-PW/EQUIPMENT SVCS DIV 3,675,863 13.00 3,675,863 17 1,881,226 14,000 2,159 0001-261 GF-INFO TECH/ADMIN DIV 11 1,793,912 4.00 1,793,912 45 935,887 250 0001-262 GF-I.T./TELECOMMS DIV 1,619,990 4.00 1,619,990 16 1,414,664 749 0001-263 GF-IT/MAILRM & DUP DIV 154,959 1.00 154,959 4 114,994 89 0001-907-908 GF-NON DEPARTMENTAL 15,350,826 15,350,826 22 5,014,122 6,894

RECEIVING BUDGET UNITS
0001-101 OFFICE OF THE MAYOR 95 534,756 8.00 534,756 4 35,420 63 0001-105 COUNCIL/CITY COUNCIL DIV 49 591,656 13.00 591,656 5 60,071 164 0001-121 POLICE COMMISSION DIV 52,467 1.00 52,467 2 9,136 14 0001-161 GF-PLN/PLNING ADMN DIV 301,553 301,553 1 150,321 8 0001-163 GF-PLN/CODE ENFORCEMENT DIV 1,584,966 7.00 1,584,966 4 196,983 218 0001-191 GF-POLICE ADMIN DIV 41 51,296,251 175.00 51,296,251 126 9,317,933 79,313 2,370 0001-192 GF-POLICE-PATROL/CIB 23,437 23,437 0001-193 GF-POLICE/CRIME PREVENTION 235,346 1.00 235,346 2 85,357 89 0001-196 GF-POLICE/REGULATORY 80,875 1.00 80,875 0001-197 CAD DISPATCH SYST/COMM POL DIV 3,668,813 22.00 3,668,813 2 35,921 31 0001-199 GF-PARKING ENFORCEMENT DIV 312,437 4.00 312,437 1 0001-201 GF-FIRE/ADMIN DIV 8 1,062,902 4.00 1,062,902 500 1 0001-202 GF-FIRE/SUPRESSN DIV 28,727,921 79.00 28,727,921 48,502 0001-203 GF-FIRE PREVENTION DIV 2,042,077 9.00 2,042,077 2 114,589 103 0001-204 GF-FIRE/ SUPPORT DIV 274,910 274,910 14 250,703 185 0001-205 GF-FIRE/TRAINING DIV 261,963 1.00 261,963 1 18,563 35 0001-206 GF-FIRE/OF. OF EMS DIV 8,787 8,787 1 8,717 13 0001-211 OF. OF NB-HOOD SFTY ADMIN DIV 1,706,814 22.00 1,706,814 2 61,330 168 0001-212 OFF OF N-HOOD SFTY/GRANT ADM 2,803 2,803 3,613 16 0001-231 GF-PW ADMIN-DIV 90 1,477,602 11.00 1,477,602 23 408,628 4,500 243 0001-233 GF-PRKS&LNDSKP/PRKS DIV 4,789,189 33.00 4,789,189 19 1,137,494 9,048 1,221 0001-234 GF-PW/STREETS/ADM DIV 3,392,459 28.00 3,392,459 5 106,582 8,000 267 0001-237 GF-I&M/ABATEMENT SVCS DIV 2,208,896 19.00 2,208,896 9 212,520 156 0001-239 GF-I&M/PROP/ASSETS MNGT DIV 619 619 823 13 0001-241 GF-LIB&CL SVC/L-ADM DIV 3,086,904 46.00 3,086,904 6 106,239 37,470 223 0001-242 GF-LS/REF SVCS(S-DIV) 323,670 323,670 22 329,322 395 0001-243 GF-LIB&CL SVCS/LEAP DIV 792,942 10.00 792,942 1 5,153 16 0001-251 GF-RECREATION ADM DIV 65 1,883,144 18.00 1,883,144 4 53,314 32,228 169 0001-253 CM&NB/BOOKER T CTR DIV 1,322,496 53.00 1,322,496 11 165,879 42,245 435 0001-254 GF-REC/SPCL EVENTS DIV 707,697 9.00 707,697 8 88,457 15,868 171 0001-255 GF-CM TRANSPORTATN OPERATIONS 278,226 2.00 278,226 2 11,910 48 0001-256 RECREATION SVCS/AQUATICS 381,542 33.00 381,542 12,834 7,500 68 0001-257 RECREATION SVCS/CONVENTION CTR 455,046 4.00 455,046 2 19,789 40,000 32 Prepared by NBS for the City of Richmond
Fiscal Year 2024-25
C

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City of Richmond
TITLE 2 CFR 200 Cost Allocation Plan
Source Cost Data from Fiscal Year 2022-2023 Actual Expenditures Budget Unit

ALLOCABLE BUDGET UNITS
BLDG Building Use
EQUIP Equipment Use
0001-131 GF-CITY MNGR ADMIN DIV
0001-141 CITY CLERK ADMIN DIV
0001-151 CITY ATTRNY ADMIN DIV
0001-171 FIN-ADMN SVCS/ADMIN DIV
0001-172 FINANCE/GEN ACCTING DIV
0001-173 FIN/BDGT-OPERATING DIV
0001-174 FIN/PAYROLL DIV
0001-175 FIN-TRSY/DEBT ADMIN DIV
0001-176 FIN/ACCNTS PAYABLE DIV
0001-177 FIN/REV COLLECTION DIV
0001-178 FIN/PURCHASING DIV
0001-181 GF-HR ADMIN DIV
0001-232 GF-PW-FCLTY MNT/ADM DIV
0001-235 GF-PW/EQUIPMENT SVCS DIV
0001-261 GF-INFO TECH/ADMIN DIV
0001-262 GF-I.T./TELECOMMS DIV
0001-263 GF-IT/MAILRM & DUP DIV
0001-907-908 GF-NON DEPARTMENTAL

RECEIVING BUDGET UNITS
0001-101 OFFICE OF THE MAYOR
0001-105 COUNCIL/CITY COUNCIL DIV
0001-121 POLICE COMMISSION DIV
0001-161 GF-PLN/PLNING ADMN DIV
0001-163 GF-PLN/CODE ENFORCEMENT DIV
0001-191 GF-POLICE ADMIN DIV
0001-192 GF-POLICE-PATROL/CIB
0001-193 GF-POLICE/CRIME PREVENTION
0001-196 GF-POLICE/REGULATORY
0001-197 CAD DISPATCH SYST/COMM POL DIV
0001-199 GF-PARKING ENFORCEMENT DIV
0001-201 GF-FIRE/ADMIN DIV
0001-202 GF-FIRE/SUPRESSN DIV
0001-203 GF-FIRE PREVENTION DIV
0001-204 GF-FIRE/ SUPPORT DIV
0001-205 GF-FIRE/TRAINING DIV
0001-206 GF-FIRE/OF. OF EMS DIV
0001-211 OF. OF NB-HOOD SFTY ADMIN DIV
0001-212 OFF OF N-HOOD SFTY/GRANT ADM
0001-231 GF-PW ADMIN-DIV
0001-233 GF-PRKS&LNDSKP/PRKS DIV
0001-234 GF-PW/STREETS/ADM DIV
0001-237 GF-I&M/ABATEMENT SVCS DIV
0001-239 GF-I&M/PROP/ASSETS MNGT DIV
0001-241 GF-LIB&CL SVC/L-ADM DIV
0001-242 GF-LS/REF SVCS(S-DIV)
0001-243 GF-LIB&CL SVCS/LEAP DIV
0001-251 GF-RECREATION ADM DIV
0001-253 CM&NB/BOOKER T CTR DIV
0001-254 GF-REC/SPCL EVENTS DIV
0001-255 GF-CM TRANSPORTATN OPERATIONS
0001-256 RECREATION SVCS/AQUATICS
0001-257 RECREATION SVCS/CONVENTION CTR
FY 22-23 Building
Depreciation per
Fund/Dept.

FY 22-23
Equipment
Depreciation per
Fund/Dept,
FY 22-23 Total
Salaries and
Benefits per
Fund/Dept.

FY 22-23 Number
of IT Units per
Fund/Dept.

FY 22-23
IT/Mailrm & Dup
Costs
FY 22-23 Salaries
and Benefits per
Fund/Dept.
(General Fund
Only)
FY 22-23 Civic
Center/Plaza FTE
per Fund/Dept.,
GF Only
FY 22-23 Civic
Center/Plaza FTE
per Fund/Dept., All
Funds
88,952 889,413 6 640 889,413 4.00 4.00 11,732 794,494 9 2,109 794,494 4.00 4.00 1,383,638 21 97 1,383,638 10.00 10.00 447,829 5 3,087 447,829 5.00 5.00 1,094,418 13 1,094,418 7.00 7.00 483,025 6 39 483,025 2.00 2.00 352,418 4 352,418 2.00 2.00 684,880 4 684,880 1.00 1.00 98,373 5 98,373 4.00 4.00 739,556 10 739,556 13.00 13.00 366,265 3 366,265 2.00 2.00 1,304,528 27 1,478 1,304,528 14.00 14.00 115,851 4,475,259 25 4,475,259 34.00 34.00 1,991,241 14 1,991,241 13.00 13.00 345 154,238 727,836 84 365 727,836 4.00 4.00 508,964 508,964 4.00 4.00 98,485 98,485 1.00 1.00 13,534,576 13,534,576
504,486 6 200 504,486 8.00 8.00 2,628 536,035 20 86 536,035 13.00 13.00 41,067 57 41,067 -
1,309,106 17 1,309,106 153,424 173,017 36,753,208 205 36,753,208 86 -
168,649 4 168,649 50,264 - 50,264 3,630,011 3,630,011
312,184 9 312,184 4.00 4.00 52,644 74,402 879,236 18 879,236 4.00 4.00 22,150,213 22,150,213
1,293,533 13 1,101 1,293,533 9.00 9.00 199,163 18 199,163 1,640,705 4 1,640,705 1.00 -
1,003,872 13 1,003,872 22.00 22.00 -
72,806 157,665 17 124 - 11.00 11.00 25,923 3,529,048 13 3,529,048 3,273,540 3,273,540 28.00 28.00 1,596,679 3,948 1,596,679 -
38,930 2,997,804 31 368 2,997,804 46.00 46.00 13 347 - 662,643 25 662,643 10.00 10.00 268,187 850 1,794,320 104 1,794,320 34,023 990,195 186 990,195 625,651 176 625,651 206,629 478 206,629 107,310 372,219 87 372,219 431,978 431,978
Prepared by NBS for the City of Richmond
Fiscal Year 2024-25
C

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FY 22-23 Total
FTEs per
Fund/Dept.

FY 22-23
Modified Total
Direct Cost per
Fund/Dept.

FY 22-23 Total
PO's per
Fund/Dept.

FY 22-23 Total
Revenues
Received per
Fund/Dept.

FY 22-23 Total
Building Square
Footage
FY 22-23 Total
Accounts Payable
Invoices per
Fund/Dept.
0001-259 RECREATION SVCS/PLUNGE 393,136 393,136 1 8,256 45 0001-260 RECREATION SVCS/CITIES OF SRVC 272,525 1.00 272,525 18 39,191 83 0001-361 GF ECON DEV/ADMINISTRATION 25 458,749 4.00 458,749 4 72,782 44 0001-362 GF ECON DEV/SP PRJ-ENVIRONMNTL 309,846 3.00 309,846 4 97,190 59 0001-364 GF-ECON DEV/PUBLIC ART DIV 397,517 1.00 397,517 21 217,576 52 0001-369 GF-ECON DEV/REAL ESTATE DIV 458,928 1.00 458,928 6 69,394 36 0001-371 INTERNAL SERVICES-ADMIN 324,790 2.00 324,790 1 10,855 25 1001 SR-SPO/ADMIN DIV
1002 GAS TAX-PW/PVMNT MAINT DIV 2,395,854 2,395,854 11 2,004,777 304 1003 TRANSPORTATION OPERATIONS 594,603 4.00 594,603 3 108,996 76,980 82 1004 STATE ASSET SEIZURE 63,660 63,660 2 18,018 2 1005 LIBRARY FUND 267,456 267,456 9 86,126 248 1006 OUTSIDE FUNDED SVCS - GRANTS 3,732,906 3,732,906 52 1,519,085 548 1007 EMS-FIRE/OES DIV 198,075 198,075 3 133,475 80 1010 NR-CTY MNGR/SP-NRWR ADM DIV 130,578 130,578 2 12,141 62 1012 HILLTOP LMD-PARKS&LNDSCP DIV 1,179,853 12.00 1,179,853 6 205,891 256 1015 MRNA BAY LNDSCP & LIGHT DIV 1,163,659 10.00 1,163,659 3 234,447 314 1017 CHEVRON MODERNIZATN PROJ & CIA 4,263,307 4,263,307 33 1,843,669 90 1018 RENT CONTROL PROGRAM 2 2,465,331 17.00 2,465,331 10 233,100 184 1019 SBI RMRA CAP IMPROVEMENT 2,191,767 2,191,767 6 3,851,346 66 1050 CR-PLANNING & BUILDING 9,594,960 28.00 9,594,960 70 7,480,600 940 1054 PUBLIC WORKS GRANTS ADMIN 169,526 169,526 12 3,255,997 103 1055 ENCROACHMENTS SVCS 551,567 6.00 551,567 1 7,053 40 1200 HOUSING ADMINISTRATION DIV 267,395 2.00 267,395 3 34,723 56 1201 CDBG 188,137 188,137 3 170,475 19 1202 HSNG/HOME ADMINISTRATION DIV 374 374 1203 NSPI-NGHBRHD STABIL PROG 7,169 7,169 1 9,581 4 1205 EMPLOYMENT & TRAINING 5,417,354 18.00 5,417,354 26 707,326 31,585 735 1207 COR-NEIGHBORHOOD STAB(CITY) 3,365 3,365 1 3,365 1 1208 SUCCESSOR HOUSING AGENCY 114,672 114,672 70 8 1209 CAL-HOME 169,671 169,671
1302 DEVLP IN LIEU FEE-HOUSING PROJ 98,803 98,803 1,763 1 1303 KIDS FIRST INITIATIVE 1,722,322 3.00 1,722,322 35 1,130,744 66 1304 EMERGENCY OPE & DISASTR RECVRY 115,087 115,087 3 87,143 120 1305 PUBLIC ART 96,446 96,446 9 26 1306 AMERICAN RESCUE PLAN ACT 51 789,227 789,227 5 44 2001 CAP OUTLAY-PW/CIP DIV 48,528 48,528 7 905,679 42 2002 MEASURE J-PUBLIC WORKS CIP 662,019 662,019 14 1,771,701 55 2110 IMPACT FEES PARKS/PW 15,383 15,383 1 15,000 1 2111 IMPACT FEE - TRAFFIC/PW CIP 25,371 25,371 2 100,428 17 2113 IMPACT FEES-FIRE 86,154 86,154 1 174,046 2 2114 IMPACT FEES-POLICE 1,480 1,480 146,704 1 2115 IMPACT FEE - COMM/AQUATIC 1,679 1,679 2116 IMPACT FEES-OPEN PARKS/PW 276,523 276,523 1 269,519 4 2117 IMPACT FEES-LIBRARY SVCS 9,045 9,045 3 17,705 13 2119 IF-UTILITIES/STORMWATER 6,552 6,552 2120 IF-UTILITIES/WASTEWATER 11,868 11,868 73,551 2 2125 IRON TRIANGLE/EPA PROGRAMS 83,046 83,046 1 60,995 4 3001 DS-2005 PENS OBLIG BOND-DIV 23,319,910 23,319,910 1 2 3002 DS-99A PENS OBLIG BOND-DIV 109,205 109,205 3005 DS-2009 REFNDING&CIVIC CTR DIV 4,114,706 4,114,706 4001 PORT OF RICHMOND 5,134,544 4.00 5,134,544 21 319 4003 WASTEWATER 20,812,356 11.00 20,812,356 22 39,391,219 786 4005 MARINA 217,344 217,344 4 4006 STRMWATER-UTL/ADMIN DIV 1,767,245 1,767,245 9 2,655,145 130 Prepared by NBS for the City of Richmond
Fiscal Year 2024-25
C

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City of Richmond
TITLE 2 CFR 200 Cost Allocation Plan
Source Cost Data from Fiscal Year 2022-2023 Actual Expenditures Budget Unit
0001-259 RECREATION SVCS/PLUNGE
0001-260 RECREATION SVCS/CITIES OF SRVC
0001-361 GF ECON DEV/ADMINISTRATION
0001-362 GF ECON DEV/SP PRJ-ENVIRONMNTL
0001-364 GF-ECON DEV/PUBLIC ART DIV
0001-369 GF-ECON DEV/REAL ESTATE DIV
0001-371 INTERNAL SERVICES-ADMIN
1001 SR-SPO/ADMIN DIV
1002 GAS TAX-PW/PVMNT MAINT DIV
1003 TRANSPORTATION OPERATIONS
1004 STATE ASSET SEIZURE
1005 LIBRARY FUND
1006 OUTSIDE FUNDED SVCS - GRANTS
1007 EMS-FIRE/OES DIV
1010 NR-CTY MNGR/SP-NRWR ADM DIV
1012 HILLTOP LMD-PARKS&LNDSCP DIV
1015 MRNA BAY LNDSCP & LIGHT DIV
1017 CHEVRON MODERNIZATN PROJ & CIA
1018 RENT CONTROL PROGRAM
1019 SBI RMRA CAP IMPROVEMENT
1050 CR-PLANNING & BUILDING
1054 PUBLIC WORKS GRANTS ADMIN
1055 ENCROACHMENTS SVCS
1200 HOUSING ADMINISTRATION DIV
1201 CDBG
1202 HSNG/HOME ADMINISTRATION DIV
1203 NSPI-NGHBRHD STABIL PROG
1205 EMPLOYMENT & TRAINING
1207 COR-NEIGHBORHOOD STAB(CITY)
1208 SUCCESSOR HOUSING AGENCY
1209 CAL-HOME
1302 DEVLP IN LIEU FEE-HOUSING PROJ
1303 KIDS FIRST INITIATIVE
1304 EMERGENCY OPE & DISASTR RECVRY
1305 PUBLIC ART
1306 AMERICAN RESCUE PLAN ACT
2001 CAP OUTLAY-PW/CIP DIV
2002 MEASURE J-PUBLIC WORKS CIP
2110 IMPACT FEES PARKS/PW
2111 IMPACT FEE - TRAFFIC/PW CIP
2113 IMPACT FEES-FIRE
2114 IMPACT FEES-POLICE
2115 IMPACT FEE - COMM/AQUATIC
2116 IMPACT FEES-OPEN PARKS/PW
2117 IMPACT FEES-LIBRARY SVCS
2119 IF-UTILITIES/STORMWATER
2120 IF-UTILITIES/WASTEWATER
2125 IRON TRIANGLE/EPA PROGRAMS
3001 DS-2005 PENS OBLIG BOND-DIV
3002 DS-99A PENS OBLIG BOND-DIV
3005 DS-2009 REFNDING&CIVIC CTR DIV
4001 PORT OF RICHMOND
4003 WASTEWATER
4005 MARINA
4006 STRMWATER-UTL/ADMIN DIV
FY 22-23 Building
Depreciation per
Fund/Dept.

FY 22-23
Equipment
Depreciation per
Fund/Dept,
FY 22-23 Total
Salaries and
Benefits per
Fund/Dept.

FY 22-23 Number
of IT Units per
Fund/Dept.

FY 22-23
IT/Mailrm & Dup
Costs
FY 22-23 Salaries
and Benefits per
Fund/Dept.
(General Fund
Only)
FY 22-23 Civic
Center/Plaza FTE
per Fund/Dept.,
GF Only
FY 22-23 Civic
Center/Plaza FTE
per Fund/Dept., All
Funds
118,576 8,655 371,428 109 371,428 221 21,464 201,571 2,788 201,571 378,530 8 146 378,530 87,536 7 812 87,536 3.00 3.00 157,143 2 4 157,143 299,893 2 299,893 320,617 320,617
-
-
469,470 7 -
-
50,750 2,255 -
242 -
-
938 -
958,347 3 -
915,517 2 -
-
2,217,678 21 2,394 - 17.00 -
3,714,916 62 1,870 - 28.00 -
547,222 6 7 - 62,579 5 - -
-
3,693 -
2,214,282 91 66 - 18.00 -
188,235 -
-
160,825 -
201,297 6 74 - -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
293,482 7 -
1,359,992 22 12 - 11.00 -
32,955 2 - Prepared by NBS for the City of Richmond
Fiscal Year 2024-25
C

Page 229 ends

FY 22-23 Total
FTEs per
Fund/Dept.

FY 22-23
Modified Total
Direct Cost per
Fund/Dept.

FY 22-23 Total
PO's per
Fund/Dept.

FY 22-23 Total
Revenues
Received per
Fund/Dept.

FY 22-23 Total
Building Square
Footage
FY 22-23 Total
Accounts Payable
Invoices per
Fund/Dept.
4008 KCRT - CABLE TELEVIS 957,308 6.00 957,308 6 109,635 173 4101 RHA-HSG CHOICE VOUCH SEC 8 ADM 969,225 969,225 4102 RHA-HOPE 6 ADMINISTRATION DIV
4201 RHA-CAPITAL ADMN DIV 301,905 301,905 4 343,924 44 4401 RHA-HACIENDA ADMN DIV 11,491 11,491 4404 RHA-NEVIN PLAZA ADMN DIV 1,496,739 1.00 1,496,739 25 1,378,133 593 4405 RHA-NYSTROM VILLAGE ADMN DIV 798,113 3.00 798,113 4 414,546 746 4406 RHA-RCHMD VLG ONE ADMN DIV 202,200 202,200 4407 RHA-RCHMD VLG TWO ADMN DIV 139,751 139,751 4408 RHA-RCHMD VLLG THREE ADMIN DIV 92,492 92,492 4501 RHA-CENTRAL OFFICE COST CNTR 18 487,706 5.00 487,706 83,015 331 4502 RHA-HOUSING/RAD CORP ADMIN DIV 17,239 17,239 1 4 5001 INSURANCE RESERVES 16,104,043 5.00 16,104,043 22 8,701,227 219 5003 EQUIPMENT SERVICES 2,026,433 2,026,433 7 972,755 76 5008 COMPENSATED ABSENCES 2,438,444 2,438,444 6004 COMMISSION ON AGING DIV 9,419 9,419 1 7,362 9 6005 SEAVER GALLERY TRUST FUND 14,411 14,411 74,033 1 6007 SENIOR TRUST DEPOSIT 11,287 11,287 1 15,449 127 6047 CERTBT PLAN FUND-RPOA 215,002 215,002 6048 OPEB PLAN TRUST 7,061,998 7,061,998
6049 PT MOLATE PRIVATE-PURPOSE TRST 504,575 504,575 6050 GEN PEN-NONDPT TRST 240,913 4.00 240,913 6051 POL&FIR-NONDPT TRST 1,033,225 17.00 1,033,225 6052 GARFLD-NONDPT TRST 8,845 1.00 8,845 6058 MARINA WS-ND SP AS 104,201 104,201 6059 CNTRY CLUB-ND SP AS 126,194 126,194 6101 SA - PRPRTY TAX DIVISION
6102 SA-SCCR ADMINISTRATION DIV 254,869 254,869 4 64,578 168 6103 SA - CAPITAL PROJECT FUNDS 154,558 154,558 8 222,183 28 6300 SA-DS HARBOR 98 TARB 5,297 5,297 6304 SA-DS 2003B TARB 299,969 299,969
6305 SA-DS 2004A TARB (2/3) 283,497 283,497 6306 SA-DS 2004A TARB HOUSING 142,631 142,631 6309 SA-DS 2007/10 B TARB - HOUSING 1,642 1,642 6401 SA-DS 2014A NON-TAXABLE BONDS 374,819 374,819 6403 SA-DS LOANS PAYABLE 567,110 567,110 6404 SA-DS 2021A NON-TAXABLE BONDS 577,222 577,222 6405 SA-DS 2021B TAXABLE BONDS 17,782 17,782 6996 SA - GENERAL LNG TERM DEBT GRP 129,191 129,191 9102 CITY OF RICHMOND - GFAAG 13,637,801 13,637,801 AO ALL OTHER 2.00 2,019,762 7,036 1,081 Grand Total 662 306,600,823 908.00 306,600,823 1,021 114,039,799 457,275.00 33,899.00 Prepared by NBS for the City of Richmond
Fiscal Year 2024-25
C

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City of Richmond
TITLE 2 CFR 200 Cost Allocation Plan
Source Cost Data from Fiscal Year 2022-2023 Actual Expenditures Budget Unit
4008 KCRT - CABLE TELEVIS
4101 RHA-HSG CHOICE VOUCH SEC 8 ADM
4102 RHA-HOPE 6 ADMINISTRATION DIV
4201 RHA-CAPITAL ADMN DIV
4401 RHA-HACIENDA ADMN DIV
4404 RHA-NEVIN PLAZA ADMN DIV
4405 RHA-NYSTROM VILLAGE ADMN DIV
4406 RHA-RCHMD VLG ONE ADMN DIV
4407 RHA-RCHMD VLG TWO ADMN DIV
4408 RHA-RCHMD VLLG THREE ADMIN DIV
4501 RHA-CENTRAL OFFICE COST CNTR
4502 RHA-HOUSING/RAD CORP ADMIN DIV
5001 INSURANCE RESERVES
5003 EQUIPMENT SERVICES
5008 COMPENSATED ABSENCES
6004 COMMISSION ON AGING DIV
6005 SEAVER GALLERY TRUST FUND
6007 SENIOR TRUST DEPOSIT
6047 CERTBT PLAN FUND-RPOA
6048 OPEB PLAN TRUST
6049 PT MOLATE PRIVATE-PURPOSE TRST
6050 GEN PEN-NONDPT TRST
6051 POL&FIR-NONDPT TRST
6052 GARFLD-NONDPT TRST
6058 MARINA WS-ND SP AS
6059 CNTRY CLUB-ND SP AS
6101 SA - PRPRTY TAX DIVISION
6102 SA-SCCR ADMINISTRATION DIV
6103 SA - CAPITAL PROJECT FUNDS
6300 SA-DS HARBOR 98 TARB
6304 SA-DS 2003B TARB
6305 SA-DS 2004A TARB (2/3)
6306 SA-DS 2004A TARB HOUSING
6309 SA-DS 2007/10 B TARB - HOUSING
6401 SA-DS 2014A NON-TAXABLE BONDS
6403 SA-DS LOANS PAYABLE
6404 SA-DS 2021A NON-TAXABLE BONDS
6405 SA-DS 2021B TAXABLE BONDS
6996 SA - GENERAL LNG TERM DEBT GRP
9102 CITY OF RICHMOND - GFAAG

AO ALL OTHER
Grand Total
FY 22-23 Building
Depreciation per
Fund/Dept.

FY 22-23
Equipment
Depreciation per
Fund/Dept,
FY 22-23 Total
Salaries and
Benefits per
Fund/Dept.

FY 22-23 Number
of IT Units per
Fund/Dept.

FY 22-23
IT/Mailrm & Dup
Costs
FY 22-23 Salaries
and Benefits per
Fund/Dept.
(General Fund
Only)
FY 22-23 Civic
Center/Plaza FTE
per Fund/Dept.,
GF Only
FY 22-23 Civic
Center/Plaza FTE
per Fund/Dept., All
Funds
874,430 6 -
20 -
-
-
17,810 -
402,177 56 -
460,087 10 104 - 11,436 -
-
-
272,040 - 5.00
-
743,207 4 -
-
2,438,444 -
697 -
-
107 -
207,981 -
6,931,088 -
-
240,913 -
971,644 -
8,845 -
-
-
-
179,094 -
59,279 -
-
-
-
-
-
-
-
-
-
-
-
9 -
988,239.87 693,604.08 145,954,068.56 1,134.00 27,673.42 118,744,352.21 282 362 Prepared by NBS for the City of Richmond
Fiscal Year 2024-25
C

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Prepared by NBS for the City of Richmond

EXHIBIT B
Title 2 CFR 200 Cost Allocation Plan Certificate
260

Certificate of Cost Allocation Plan

This is to certify that I have reviewed the cost allocation plan and submitted herewith and to the best of my knowledge and belief:

1. All costs included in this proposal to establish cost allocation or billings for fiscal year 2024-25 are allowable in accordance with the requirements of 2 CFR Part 200, “Cost Principles for State and Local Governments” and the Federal awards to which they apply. Unallowable costs have been adjusted for and removed for allocation in this plan.

2. All costs included in this proposal are properly allocable to Federal awards on the basis of a beneficial or casual relationship between the expenses incurred and the awards to which they are allocated in accordance with applicable requirements.

Further, the same costs that have been treated as indirect costs have not been claimed as direct costs. Similar types of costs have been accounted for consistently.

I declare that the foregoing is true and correct:

Government Unit: City of Richmond, California
Signature:

Title: Director of Finance
Date:

Name of Official: Andrea Miller
7/11/2024
261
Prepared by NBS for the City of Richmond
Organizational Chart

EXHIBIT C
262
People of Richmond

People of Richmond

Mayor and City Council

City Manager

Director of Public Works

Richmond Rent Board

Confidential
Investigative Appeals
Officer
(Police Commission)
Confidential
Investigative Appeals
Officer
(Police Commission)
City Clerk

City Clerk

City Attorney

Executive
Assistant

Deputy City Manager
Community Services

Deputy City Manager
Internal Services
Deputy City Manager
Internal Services
Employment and
Training

Employment and
Training

Office of
Neighborhood Safety

ECIA Grant
Administration

Engineering and
Capital Improvement
Program (CIP)
Engineering and
Capital Improvement
Program (CIP)
Building Maintenance

Building Maintenance

Water Resource
Recovery

Fleet

Maintenance and
Abatement

Parks Maintenance

Finance

Human Resources

Information
Technology
Information
Technology
Library

Library

Department of
Children and Youth

Rent Program

Rev. 1.12.2023
Chief of Police

Chief of Police

Patrol

Traffic

Investigations

Administration and
Support

Director of Community
Development

Planning

Building

Code Enforcement

Housing

Redevelopment
Successor Agency

Chief of Fire

Fire Prevention

Emergency Services

Emergency
Operations

Training

Administration and
Support

Transportation

Recreation

Special Projects

Director of Economic
Development

Business
Development

Arts & Culture

Richmond Housing
Authority

Environmental &
Health Initiatives

Port

Real Estate

263

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RICHMOND, CALIFORNIA, June 18, 2024

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

F. JOINT SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY /

RICHMOND CITY COUNCIL
The Joint Special Meeting of the Richmond Housing Authority / Richmond City Council was called to order at 6:27 p.m. by Vice Chairperson/Mayor Claudia Jimenez. (Chairperson/Mayor Eduardo Martinez appointed Vice Chairperson/Mayor Jimenez to chair the meeting due to his illness. Chairperson/Mayor Martinez participated in the meeting via teleconference in accordance with the " Just Cause" provision outlined in Assembly Bill 2449, regarding remote participation in legislative body meetings).

G. PLEDGE OF ALLEGIANCE
Vice Chairperson/Mayor Jimenez led the Pledge of Allegiance to the Flag.

H. ROLL CALL

Present: Commissioners/Councilmembers Soheila Bana, Gayle McLaughlin, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Chairperson/Mayor Claudia Jimenez, and Chairperson/Mayor Eduardo Martinez (via teleconference). Absent: Housing Authority Tenant Commissioner Jaycine Scott arrived after the roll was called.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. REPORT FROM THE EXECUTIVE DIRECTOR
Interim Richmond Housing Authority (RHA) Executive Director Gabino Arredondo announced that the Contra Costa County Housing Authority's affordable housing waitlists were open until June 27, 2024. Mr. Arredondo advised that the city's RHA staff was providing support at City Hall for applicants to apply on June 21, 24, and 25, 2024.

K. AGENDA REVIEW
None.

L. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Commissioner/Councilmember Zepeda
Seconded by Commissioner/Councilmember Willis
To approve both items on the Housing Authority Consent Calendar.

Ayes (8): Commissioners/Councilmembers Bana, McLaughlin, Robinson, Willis, Zepeda, Vice Chairperson/Mayor Jimenez, Chairperson/Mayor Martinez, and Housing Authority Tenant Commissioner Scott.

Absent (0): None.

Passed (8 to 0)

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L.1 Edrington Schirmer & Murphy LLP Contract Amendment #3 ADOPT a resolution authorizing Richmond Housing Authority’s Executive Director to enter into a third contract amendment with Edrington Schirmer & Murphy LLP for as needed lease enforcement and unlawful detainer legal services for an increased contract amount of $75,000 for a new total contract amount not to exceed $450,000 with a new term ending December 31, 2024 – Richmond Housing Authority (Gabino Arredondo 620-6606/Shannon Moore 621-1309).

Adopted Resolution No. 2196
L.2 Rental Assistance Demonstration (RAD) Program Application for Richmond Village.

ADOPT a resolution authorizing the Richmond Housing Authority to submit a Rental Assistance Demonstration (RAD) application and any Section 18 Disposition application elements required to support blending RAD and Section 18 Disposition programs to the U.S. Department of Housing and Urban Development (HUD) for Richmond Village - Richmond Housing Authority (Gabino Arredondo 620-6606).

Adopted Resolution No. 2197
M. JOINT RICHMOND HOUSING AUTHORITY / RICHMOND CITY COUNCIL

BUDGET SESSION
M.1 Proposed Richmond Housing Authority Budget for Fiscal Year (FY) 2024- 2025
ADOPT a joint resolution approving the proposed Fiscal Year (FY) 2024-2025 Richmond Housing Authority (RHA) budget, with total estimated revenues of $4,319,879 and total estimated expenditures of $4,671,805.57; and APPROVE an RHA subsidy from the City of Richmond General Fund in the amount of $351,926.57, which will provide sufficient revenue to match anticipated expenditures and balance the RHA budget to $4,671,805.57 in estimated revenues and $4,671,805.57 in expenditures - Richmond Housing Authority/Finance Department (Gabino Arredondo/Rita Martinez 510-621-1300).

City Manager Shasa Curl introduced the matter. Interim RHA Executive Director Gabino Arredondo and Senior Accountant Rita Martinez presented a PowerPoint that highlighted the following: RHA proposed amended budget; revenue and expenditures; asset repositioning; and financial audits. Discussion ensued. The council requested additional information concerning the expenditures for the RHA rental truck.

Motion by Commissioner/Councilmember Zepeda
Seconded by Housing Authority Tenant Commissioner Scott To adopt said joint resolution.

Ayes (8): Commissioners/Councilmembers Bana, McLaughlin, Robinson, Willis, Zepeda, Vice Chairperson/Mayor Jimenez, Chairperson/Mayor Martinez, and Housing Authority Tenant Commissioner Scott.

Absent (0): None.

Passed (8 to 0)
Adopted Resolution Nos. 2198 and 53-24

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N. ADJOURNMENT
There being no further business, the meeting adjourned at 6:49 p.m.

Pamela Christian, Clerk of the City of
Richmond
Eduardo Martinez, Chairperson/Mayor

266

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RICHMOND, CALIFORNIA, July 2, 2024

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

F. REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
The Regular Meeting of the Richmond Housing Authority was called to order at 6:42 p.m. by Chairperson Eduardo Martinez.

G. PLEDGE OF ALLEGIANCE
Chairperson Martinez led the Pledge of Allegiance to the flag.

H. ROLL CALL

Present: Commissioners Gayle McLaughlin, Doria Robinson, Melvin Willis, Cesar Zepeda, Chairperson Eduardo Martinez, and Housing Authority Tenant Commissioner Jaycine Scott. Absent: Commissioner Soheila Bana and Vice Chairperson Claudia Jimenez were absent for the entire meeting.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
No changes.

K. HOUSING AUTHORITY OPEN FORUM
There were no public comments.

L. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Tenant Commissioner Scott
Seconded by Commissioner Willis
To approve the item on the Housing Authority Consent Calendar.

Ayes (6): Commissioners McLaughlin, Robinson, Willis, Zepeda, Chairperson Martinez, and Tenant Commissioner Scott.

Absent (2): Commissioner Bana and Vice Chairperson Jimenez.

Passed (6 to 2)
L.1 Standing Purchase Order (PO) For Maintenance, Repair, And Unit Turnover Activities for Public Housing Sites
ADOPT a resolution authorizing a standing purchase order with HD Supply for an amount not to exceed $280,000, for maintenance, repairs, and unit turnover activities ending June 30, 2026 - Richmond Housing Authority (Gabino Arredondo 621-1300).

Adopted Resolution No. 2199

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Page 2 of 2 ends

M. ADJOURNMENT
There being no further business, the meeting adjourned at 6:45 p.m.

Pamela Christian, Clerk of the City of
Richmond
Eduardo Martinez, Chairperson

268

Page 1 of 3 ends

October 22, 2024

Richmond Housing Authority (RHA)

Economic Development

DATE: October 22, 2024
TO: Chair Martinez and Members of the Board of
Commissioners
FROM:

Nannette Beacham, Director of Economic Development
Gabino Arredondo, RHA Interim Executive Director
Subject:

Richmond Housing Authority (RHA) Annual Plan
FINANCIAL IMPACT: There is no financial impact. However, submission of the Annual Plan is a U.S. Housing Urban Development
(HUD) requirement, and failure to do so can result in
sanctions including reduced funding.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Every Public Housing Authority (PHA) administering a
Low-Income Public Housing Program is required to
submit an Annual Plan to the U.S. Department of
Housing and Urban Development (HUD). RHA staff is
requesting that the Board receive comments and adopt a
resolution approving the Housing Authority 2024 Annual
Plan.

RECOMMENDED ACTION: HOLD a public hearing; ADOPT a resolution approving the Richmond Housing Authority (RHA) Annual Plan; and
AUTHORIZE submission of the proposed Annual Plan to
the U.S. Department of Housing and Urban Development
(HUD) - Richmond Housing Authority (Gabino Arredondo
620-6606).

DISCUSSION:

Every Public Housing Agency (PHA) administering a Low-Income Public Housing Program is required to submit an Annual Plan to the U.S. Department of Housing and AGENDA
REPORT
269

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October 22, 2024
Urban Development (HUD) (Attachment 1). The plan serves as the annual application for grants to support improvements to public housing buildings. It is a requirement to submit an Annual Plan for the PHA to receive capital funding. Additionally, the Annual Plan outlines if the PHA intends to undertake any new activities in the fiscal year and gives the PHA an opportunity to describe any progress on mission and goals. For the Richmond Housing Authority (RHA) the proposed 2024 Annual Plan outlines ongoing progress and activities related to implementation of asset repositioning activities from the current Public Housing Authority Recovery and Sustainability (PHARS) Agreement (Attachment 2).

The elements for approval of the Annual Plan are outlined in Code of Federal Regulations (CFR) Title 24, Part 903 Public Housing Plans, and were addressed as follows:

1. Public Annual Notice. Initiation of the Annual Plan process, and the ability to provide comment, was posted on August 29, 2024, on the Richmond Housing Authority (RHA) website. Initial discussions of the Annual PHA Plan commenced at the Housing Advisory Commission (HAC) Meeting held on March 11, 2024, comments were solicited. A public notice in the local newspaper (West County Times) for this public hearing was posted on September 2, 2024. a. A webpage dedicated to the 2024 Annual PHA Plan was created on the RHA website to give background information on the plans development and ways for the public to provide feedback (RHA Annual Plan Website https://www.ci.richmond.ca.us/3925/Policies-and-Annual-Plan).

2. Dissemination of Information. The Annual Plan was posted on RHA’s website and distributed electronically to the Housing Advisory Commissioners and members. A hard copy of the Annual Plan was also made available at the RHA Administrative Office (450 Civic Center Plaza, Richmond CA, 2nd Floor).

3. Opportunity for Comment. The Housing Advisory Commission met on March 11, 2024, to review the Annual Plan and allow the public to ask questions and provide comments. The Annual Plan was also posted on the RHA website and Housing Advisory listserv with details on how to provide comments electronically or in person. A copy of the Annual Plan is available for review at the RHA offices.

4. Public Hearing. The meeting on the evening of October 22, 2024, represents the final opportunity for the public to comment on the Annual Plan before adoption.

It is important that the Board of Commissioners act at this meeting, authorizing submission of the Annual Plan.

DOCUMENTS ATTACHED:

Attachment 1 – RHA Resolution – Annual Plan
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October 22, 2024
Attachment 2 – RHA Annual Plan Fiscal Year 2024-25
Attachment 3 – RHA Annual Plan Public Hearing Notice
271

Reso. No. ____

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DocID #28209v1DocID #28209v1
Formatted: Font: 8 pt
RESOLUTION NO. ____

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING

AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, ADOPTING A

RESOLUTION APPROVING THE HOUSING AUTHORITY ANNUAL PLAN AND

AUTHORIZING SUBMISSION OF THE PROPOSED ANNUAL PLAN TO THE US

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)

WHEREAS, housing authorities are required to submit an Annual Plan to the U.S.

Department of Housing and Urban Development (HUD); and
WHEREAS, discretionary priorities, activites, and policies utilized in the Public Housing program are contained in the Annual Plan; and
WHEREAS, on March 11, 2024 initial discussions of the Annual PHA Plan commenced at the Housing Advisory Commission (HAC) Meeting, comments were solicited; and WHEREAS, the Fiscal Year (FY) 2024 beginning July 1, 2024 Annual Plan was made available for public review and comment by posting on the Richmond Housing Atuhority (RHA) website on August 29, 2024; and
WHEREAS, the public has been given the opportunity to present additional comments or questions during the public hearing on October 22, 2024.

NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE

HOUSING AUTHORITY OF THE CITY OF RICHMOND, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA THAT the Housing Authority Annual Plan is approved and the Executive Director is authorized to submit of the Annual Plan to HUD.

BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to take all actions necessary to implement this resolution.

*****************
272

Reso. No. ____

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DocID #28209v1DocID #28209v1
Formatted: Font: 8 pt
The foregoing resolution was passed and adopted by the Commissioners of the Housing Authority of the City of Richmond at a special meeting thereof held on October 22, 2024, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Chairperson

[SEAL]
Attest:

Secretary

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 at a Special Housing Authority Meeting held on October 22, 2024.

____________________________________

CLERK OF THE HOUSING AUTHORITY
273
Annual PHA Plan
(Standard PHAs and
Troubled PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires: 03/31/2024

Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, including changes to these policies, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families.

Applicability. The Form HUD-50075-ST is to be completed annually by STANDARD PHAs or TROUBLED PHAs. PHAs that meet the definition of a High Performer PHA, Small PHA, HCV-Only PHA or Qualified PHA do not need to submit this form.

Definitions.

(1) High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, or PHAS if only administering public housing. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceed 550.
(3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment and does not own or manage public housing.
(4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceed 550, and that was designated as a standard performer in the most recent PHAS or SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined and is not PHAS or SEMAP troubled.

PHA Information.

A.1

PHA Name: __Richmond Housing Authority (RHA)__________________________________________ PHA Code: __CA010_____________ PHA Type: Standard PHA Troubled PHA
PHA Plan for Fiscal Year Beginning: (MM/YYYY): ___07/2024___________ PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Public Housing (PH) Units __267___ Number of Housing Choice Vouchers (HCVs) _____0_____Total Combined Units/Vouchers 267____________
PHA Plan Submission Type: Annual Submission Revised Annual Submission

Availability of Information. PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. At a minimum, PHAs must post PHA Plans, including updates, at each Asset Management Project (AMP) and main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website. PHAs are also encouraged to provide each resident council a copy of their PHA Plans.

Richmond Housing Authority (RHA) 450 Civic Center Plaza, 2nd Floor Richmond, CA 94804 RHA Website - https://www.ci.richmond.ca.us/3925/Policies-and-Annual-Plan

PHA Consortia: (Check box if submitting a Joint PHA Plan and complete table below) Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia
No. of Units in Each Program
PH HCV
Lead PHA:

Plan Elements

274

B.1

Revision of Existing PHA Plan Elements.

(a) Have the following PHA Plan elements been revised by the PHA?

Y N
Statement of Housing Needs and Strategy for Addressing Housing Needs Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions.

Financial Resources.

Rent Determination.

Operation and Management.

Grievance Procedures.

Homeownership Programs.

Community Service and Self-Sufficiency Programs.

Safety and Crime Prevention.

Pet Policy.

Asset Management.

Substantial Deviation.

Significant Amendment/Modification

(b) If the PHA answered yes for any element, describe the revisions for each revised element(s):

B.2

New Activities.

(a) Does the PHA intend to undertake any new activities related to the following in the PHA’s current Fiscal Year?

Y N
Hope VI or Choice Neighborhoods.

Mixed Finance Modernization or Development.

Demolition and/or Disposition.

Designated Housing for Elderly and/or Disabled Families.

Conversion of Public Housing to Tenant-Based Assistance.

Conversion of Public Housing to Project-Based Rental Assistance or Project-Based Vouchers under RAD.

Occupancy by Over-Income Families.

Occupancy by Police Officers.

Non-Smoking Policies.

Project-Based Vouchers.

Units with Approved Vacancies for Modernization.

Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants).

(b) If any of these activities are planned for the current Fiscal Year, describe the activities. For new demolition activities, describe any public housing development or portion thereof, owned by the PHA for which the PHA has applied or will apply for demolition and/or disposition approval under section 18 of the 1937 Act under the separate demolition/disposition approval process. If using Project-Based Vouchers (PBVs), provide the projected number of project-based units and general locations, and describe how project basing would be consistent with the PHA Plan.

Richmond Housing Authority intends to pursue either RAD or Section 18 Disposition approval for its existing Public Housing properties. These include Nystrom Village (100), Richmond Village I (70) Richmond Village II (61) Richmond Village III (36).

RHA will work with the Housing Authority of Contra Costa County (HACCC) (Housing Choice Voucher Administrator), to obtain the necessary Tenant Protection Vouchers and/or Project-Based Vouchers (using either RAD PBV or local PBV) to support RHA’s conversion of its Public Housing and be consistent of asset repositioning implementing actions outlined in the Public Housing Authority Recovery and Sustainability (PHARS) agreement (Attachment 1).

Statement of Housing Need

Housing needs in the City of Richmond resembles the need within Contra Costa County. The 2020- 2025 Consolidated plan for Contra Costa County, "The area of greatest need is among renters in the extremely low-income category: 30,485 households, or 45 percent, experience substandard housing, overcrowding, or cost burden. Of those, 69 percent suffer from a cost burden of greater than 50 percent of Income.” While the nominal data will be different within the City of Richmond, the magnitude of need will be similar.

Citation and access to additional information - 2020 - 2025 Consolidated Plan https://www.contracosta.ca.gov/7204/2020---2025-Consolidated-Plan

An additional resource which outlines the housing need is the recently adopted City of Richmond Housing Element Section II Projected Housing Need (pg. 17 to 18). “The Regional Housing Needs Allocation (RHNA) for Richmond is shown in Table II-2. The City has a total allocation of 3,614 units for the 2023 to 2031 planning period. Extremely Low and Very Low = 840, Low = 485, Moderate = 638, Above Moderate = 1,651” (pg. 18, 2023-2031 Housing Element) and Appendix A: Demographic Housing Needs Assessment pg. 63 to 136 - Richmond has a higher rate of overcrowding than the rest of the region. In 2017, 9.4 percent of Richmond residents faced overcrowded conditions, while 5.1 percent of Contra Costa County residents and 6.9 percent of residents in the Bay Area experienced overcrowding. - Household income in Richmond is lower than in Contra Costa County. In 2019, the County’s median household income of $99,716 was 46 percent higher than Richmond’s median household income of $68,472. - In Richmond, 15 percent of the total population (14,712 residents) is below the federal poverty level, which is higher than the rate of Contra Costa County residents (9 percent).
- A greater share of Richmond households are cost-burdened households compared to Contra Costa County. Of Richmond’s households, nearly half are cost-burdened, spending 30 percent or more of their income on housing. Among cost-burdened households in Richmond, 20 percent are severely-cost burdened. In the County and the Bay Area, 36 percent of households are cost-burdened and 16 percent are severely cost burdened. 275
- Renters in Richmond are typically more often cost-burdened than homeowners. Over half of renter households are cost-burdened, spending 30 percent or more of their income on housing, while around a third of households that own their home are cost-burdened.

Additionally, 25 percent of renters are severely cost-burdened, while 14 percent of owners are severely cost-burdened. - Seniors (65 years and above) make up approximately 13.4 percent of Richmond’s population. Out of the total senior population, approximately 39 percent are cost burdened. Seniors are a designated special needs population under housing element law. Seniors can face higher levels of housing insecurity because they are more likely to be on a fixed income while requiring higher levels of care. - Richmond’s other special housing needs populations include persons with a disability that may require accessible housing (12.6 percent of residents) and female-headed households who are often at greater risk of housing insecurity (17 percent of households).

Citation and access to additional information - 2023-2031 Housing Element https://www.ci.richmond.ca.us/DocumentCenter/View/66913/6th-Cycle-Housing-Element_Certified?bidId=

Richmond’s Plan to Address Need
- RHA’s fundamental plan and contribution for addressing the affordable housing need in the City of Richmond is to preserve or replace the existing Public Housing units in RHA’s portfolio through either RAD or Section 18 Disposition and when the opportunity is available increase the number of units. RHA will work with partners to bring about the preservation or redevelopment projects that provide housing options for a similar population that are currently housed. This activity goes directly to addressing the housing need within the City of Richmond and implementation of the PHARS Agreement with HUD. Recent accomplishments include the rehabilitation and lease up of Hacienda (150 units) and commencing the rehabilitation construction of Nevin Plaza (140 Units).

Opportunities to increase the number of units will be at Nevin Plaza (Nevin Plaza II) and Nystrom Village depending on the responses of the development partners on the potential to build more units.

B.3 Progress Report.

Provide a description of the PHA’s progress in meeting its Mission and Goals described in the PHA 5-Year and Annual Plan.

- Please see attached Recovery Agreement and Action Plan Report Update (Attachment 2).

B.4

Capital Improvements. Include a reference here to the most recent HUD-approved 5-Year Action Plan in EPIC and the date that it was approved.

5-Year Action Plan. Approved 2/28/22.

B.5

Most Recent Fiscal Year Audit.

(a) Were there any findings in the most recent FY Audit?

Y N

(b) If yes, please describe:

There were findings related to incomplete tenants files. A Corrective Action Plan for the Findings was submitted to HUD Regional Office and accepted.

C. Other Document and/or Certification Requirements.

C.1

Resident Advisory Board (RAB) Comments.

(a) Did the RAB(s) have comments to the PHA Plan?

Y N

(b) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations.

C.2

Certification by State or Local Officials.

Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan.

C.3

Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan.

Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed, must be submitted by the PHA as an electronic attachment to the PHA Plan.

276

C.4

Challenged Elements. If any element of the PHA Plan is challenged, a PHA must include such information as an attachment with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public.

(a) Did the public challenge any elements of the Plan?

Y N

If yes, include Challenged Elements.

C.5

Troubled PHA.
(a) Does the PHA have any current Memorandum of Agreement, Performance Improvement Plan, or Recovery Plan in place?

Y N N/A

(b) If yes, please describe: 2019 PHARS, Attachment 1

Affirmatively Furthering Fair Housing (AFFH).

D.1

Affirmatively Furthering Fair Housing (AFFH).

Provide a statement of the PHA’s strategies and actions to achieve fair housing goals outlined in an accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5). Use the chart provided below. (PHAs should add as many goals as necessary to overcome fair housing issues and contributing factors.) Until such time as the PHA is required to submit an AFH, the PHA is not obligated to complete this chart. The PHA will fulfill, nevertheless, the requirements at 24 CFR § 903.7(o) enacted prior to August 17, 2015. See Instructions for further detail on completing this item.

Fair Housing Goal: N/A

Resource –

HUD Fair Housing and Equal Opportunity Website
https://www.hud.gov/fairhousing

Fair Chance Access to Affordable Housing Ordinance, City of Richmond, CA https://www.ci.richmond.ca.us/3698/Fair-Chance-Housing-Ordinance

Just Cause for Eviction Protections (R.M.C 11.100.050)City of Richmond, CA https://www.ci.richmond.ca.us/3387/Termination-of-Tenancy

Describe fair housing strategies and actions to achieve the goal

Fair Housing Goal:

Describe fair housing strategies and actions to achieve the goal

277

Instructions for Preparation of Form HUD-50075-ST
Annual PHA Plan for Standard and Troubled PHAs

A. PHA Information. All PHAs must complete this section. (24 CFR §903.4)

A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), PHA Inventory, Number of Public Housing Units and or Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan. (24 CFR §903.23(4)(e))

PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a))

B. Plan Elements. All PHAs must complete this section.

B.1 Revision of Existing PHA Plan Elements. PHAs must:

Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the “yes” box.

If an element has not been revised, mark “no." (24 CFR §903.7 )

Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income and extremely low-income families and a brief description of the PHA’s strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA and other families who are on the public housing and Section 8 tenant-based assistance waiting lists. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income); (ii) elderly families (iii) households with individuals with disabilities, and households of various races and ethnic groups residing in the jurisdiction or on the public housing and Section 8 tenant-based assistance waiting lists based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data. The statement of housing needs shall be based on information provided by the applicable Consolidated Plan, information provided by HUD, and generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. Once the PHA has submitted an Assessment of Fair Housing (AFH), which includes an assessment of disproportionate housing needs in accordance with 24 CFR §5.154(d)(2)(iv), information on households with individuals with disabilities and households of various races and ethnic groups residing in the jurisdiction or on the waiting lists no longer needs to be included in the Statement of Housing Needs and Strategy for Addressing Housing Needs. (24 CFR §903.7(a)).

The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(2)(i)) Provide a description of the ways in which the PHA intends, to the maximum extent practicable, to address those housing needs in the upcoming year and the PHA’s reasons for choosing its strategy. (24 CFR §903.7(a)(2)(ii))

Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. PHAs must submit a Deconcentration Policy for Field Office review. For additional guidance on what a PHA must do to deconcentrate poverty in its development and comply with fair housing requirements, see 24 CFR 903.2. (24 CFR §903.23(b)) Describe the PHA’s admissions policy for deconcentration of poverty and income mixing of lower-income families in public housing. The Deconcentration Policy must describe the PHA’s policy for bringing higher income tenants into lower income developments and lower income tenants into higher income developments. The deconcentration requirements apply to general occupancy and family public housing developments.

Refer to 24 CFR §903.2(b)(2) for developments not subject to deconcentration of poverty and income mixing requirements. (24 CFR §903.7(b)) Describe the PHA’s procedures for maintain waiting lists for admission to public housing and address any site-based waiting lists. (24 CFR §903.7(b)). A statement of the PHA’s policies that govern resident or tenant eligibility, selection and admission including admission preferences for both public housing and HCV. (24 CFR §903.7(b)) Describe the unit assignment policies for public housing. (24 CFR §903.7(b))

Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA’s anticipated resources, such as PHA operating, capital and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support public housing or tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(c))

Rent Determination. A statement of the policies of the PHA governing rents charged for public housing and HCV dwelling units, including applicable public housing flat rents, minimum rents, voucher family rent contributions, and payment standard policies. (24 CFR §903.7(d))

Fair Housing Goal:

Describe fair housing strategies and actions to achieve the goal

278
Operation and Management. A statement of the rules, standards, and policies of the PHA governing maintenance and management of housing owned, assisted, or operated by the public housing agency (which shall include measures necessary for the prevention or eradication of pest infestation, including cockroaches), and management of the PHA and programs of the PHA. (24 CFR §903.7(e))

Grievance Procedures. A description of the grievance and informal hearing and review procedures that the PHA makes available to its residents and applicants. (24 CFR §903.7(f))

Homeownership Programs. A description of any Section 5h, Section 32, Section 8y, or HOPE I public housing or Housing Choice Voucher (HCV) homeownership programs (including project number and unit count) administered by the agency or for which the PHA has applied or will apply for approval. (24 CFR §903.7(k))

Community Service and Self Sufficiency Programs. Describe how the PHA will comply with the requirements of (24 CFR §903.7(l)). Provide a description of: 1) Any programs relating to services and amenities provided or offered to assisted families; and 2) Any policies or programs of the PHA for the enhancement of the economic and social self-sufficiency of assisted families, including programs subject to Section 3 of the Housing and Urban Development Act of 1968 (24 CFR Part 135) and FSS. (24 CFR §903.7(l))

Safety and Crime Prevention (VAWA). Describe the PHA’s plan for safety and crime prevention to ensure the safety of the public housing residents.

The statement must provide development-by-development or jurisdiction wide-basis: (i) A description of the need for measures to ensure the safety of public housing residents; (ii) A description of any crime prevention activities conducted or to be conducted by the PHA; and (iii) A description of the coordination between the PHA and the appropriate police precincts for carrying out crime prevention measures and activities. (24 CFR §903.7(m)) A description of: 1) Any activities, services, or programs provided or offered by an agency, either directly or in partnership with other service providers, to child or adult victims of domestic violence, dating violence, sexual assault, or stalking; 2) Any activities, services, or programs provided or offered by a PHA that helps child and adult victims of domestic violence, dating violence, sexual assault, or stalking, to obtain or maintain housing; and 3) Any activities, services, or programs provided or offered by a public housing agency to prevent domestic violence, dating violence, sexual assault, and stalking, or to enhance victim safety in assisted families. (24 CFR §903.7(m)(5))

Pet Policy. Describe the PHA’s policies and requirements pertaining to the ownership of pets in public housing. (24 CFR §903.7(n))

Asset Management. State how the agency will carry out its asset management functions with respect to the public housing inventory of the agency, including how the agency will plan for the long-term operating, capital investment, rehabilitation, modernization, disposition, and other needs for such inventory. (24 CFR §903.7(q))

Substantial Deviation. PHA must provide its criteria for determining a “substantial deviation” to its 5-Year Plan. (24 CFR §903.7(r)(2)(i))

Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5-Year and Annual Plan. For modifications resulting from the Rental Assistance Demonstration (RAD) program, refer to the ‘Sample PHA Plan Amendment’ found in Notice PIH-2012-32 REV-3, successor RAD Implementation Notices, or other RAD Notices.

If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided.

PHAs must submit a Deconcentration Policy for Field Office review. For additional guidance on what a PHA must do to deconcentrate poverty in its development and comply with fair housing requirements, see 24 CFR 903.2. (24 CFR §903.23(b))

B.2 New Activities. If the PHA intends to undertake any new activities related to these elements in the current Fiscal Year, mark “yes” for those elements, and describe the activities to be undertaken in the space provided. If the PHA does not plan to undertake these activities, mark “no.”

HOPE VI or Choice Neighborhoods. 1) A description of any housing (including project number (if known) and unit count) for which the PHA will apply for HOPE VI or Choice Neighborhoods; and 2) A timetable for the submission of applications or proposals. The application and approval process for Hope VI or Choice Neighborhoods is a separate process. See guidance on HUD’s website at:
https://www.hud.gov/program_offices/public_indian_housing/programs/ph/hope6 . (Notice PIH 2011-47)

Mixed Finance Modernization or Development. 1) A description of any housing (including project number (if known) and unit count) for which the PHA will apply for Mixed Finance Modernization or Development; and 2) A timetable for the submission of applications or proposals. The application and approval process for Mixed Finance Modernization or Development is a separate process. See guidance on HUD’s website at:
https://www.hud.gov/program_offices/public_indian_housing/programs/ph/hope6/mfph#4

Demolition and/or Disposition. With respect to public housing only, describe any public housing development(s), or portion of a public housing development projects, owned by the PHA and subject to ACCs (including project number and unit numbers [or addresses]), and the number of affected units along with their sizes and accessibility features) for which the PHA will apply or is currently pending for demolition or disposition approval under section 18 of the 1937 Act (42 U.S.C. 1437p); and (2) A timetable for the demolition or disposition. This statement must be submitted to the extent that approved and/or pending demolition and/or disposition has changed as described in the PHA’s last Annual and/or 5-Year PHA Plan submission. The application and approval process for demolition and/or disposition is a separate process. Approval of the PHA Plan does not constitute approval of these activities. See guidance on HUD’s website at:
http://www.hud.gov/offices/pih/centers/sac/demo_dispo/index.cfm. (24 CFR §903.7(h))

Designated Housing for Elderly and Disabled Families. Describe any public housing projects owned, assisted or operated by the PHA (or portions thereof), in the upcoming fiscal year, that the PHA has continually operated as, has designated, or will apply for designation for occupancy by elderly and/or disabled families only. Include the following information: 1) development name and number; 2) designation type; 3) application status; 4) date the designation was approved, submitted, or planned for submission, 5) the number of units affected and; 6) expiration date of the designation of any HUD approved plan. Note: The application and approval process for such designations is separate from the PHA Plan process, and PHA Plan approval does not constitute HUD approval of any designation. (24 CFR §903.7(i)(C))

Conversion of Public Housing under the Voluntary or Mandatory Conversion programs. Describe any public housing building(s) (including project number and unit count) owned by the PHA that the PHA is required to convert or plans to voluntarily convert to tenant-based assistance; 2) An analysis of the projects or buildings required to be converted; and 3) A statement of the amount of assistance received to be used for rental assistance or other housing assistance in connection with such conversion. See guidance on HUD’s website at:
http://www.hud.gov/offices/pih/centers/sac/conversion.cfm. (24 CFR §903.7(j))

279
Conversion of Public Housing under the Rental Assistance Demonstration (RAD) program. Describe any public housing building(s) (including project number and unit count) owned by the PHA that the PHA plans to voluntarily convert to Project-Based Rental Assistance or Project-Based Vouchers under RAD. See additional guidance on HUD’s website at: Notice PIH 2012-32 REV-3, successor RAD Implementation Notices, and other RAD notices. -
Occupancy by Over-Income Families. A PHA that owns or operates fewer than two hundred fifty (250) public housing units, may lease a unit in a public housing development to an over-income family (a family whose annual income exceeds the limit for a low income family at the time of initial occupancy), if all the following conditions are satisfied: (1) There are no eligible low income families on the PHA waiting list or applying for public housing assistance when the unit is leased to an over-income family; (2) The PHA has publicized availability of the unit for rental to eligible low income families, including publishing public notice of such availability in a newspaper of general circulation in the jurisdiction at least thirty days before offering the unit to an over-income family; (3) The over-income family rents the unit on a month-to-month basis for a rent that is not less than the PHA's cost to operate the unit; (4) The lease to the over-income family provides that the family agrees to vacate the unit when needed for rental to an eligible family; and (5) The PHA gives the over-income family at least thirty days notice to vacate the unit when the unit is needed for rental to an eligible family. The PHA may incorporate information on occupancy by over-income families into its PHA Plan statement of deconcentration and other policies that govern eligibility, selection, and admissions. See additional guidance on HUD’s website at: Notice PIH 2011-7. (24 CFR 960.503) (24 CFR 903.7(b))

Occupancy by Police Officers. The PHA may allow police officers who would not otherwise be eligible for occupancy in public housing, to reside in a public housing dwelling unit. The PHA must include the number and location of the units to be occupied by police officers, and the terms and conditions of their tenancies; and a statement that such occupancy is needed to increase security for public housing residents. A “police officer” means a person determined by the PHA to be, during the period of residence of that person in public housing, employed on a full-time basis as a duly licensed professional police officer by a Federal, State or local government or by any agency of these governments. An officer of an accredited police force of a housing agency may qualify. The PHA may incorporate information on occupancy by police officers into its PHA Plan statement of deconcentration and other policies that govern eligibility, selection, and admissions. See additional guidance on HUD’s website at: Notice PIH 2011-7. (24 CFR 960.505) (24 CFR 903.7(b))

Non-Smoking Policies. The PHA may implement non-smoking policies in its public housing program and incorporate this into its PHA Plan statement of operation and management and the rules and standards that will apply to its projects. See additional guidance on HUD’s website at: Notice PIH 2009-21 and Notice PIH-2017-03. (24 CFR §903.7(e))

Project-Based Vouchers. Describe any plans to use Housing Choice Vouchers (HCVs) for new project-based vouchers, which must comply with PBV goals, civil rights requirements, Housing Quality Standards (HQS) and deconcentration standards, as stated in 983.57(b)(1) and set forth in the PHA Plan statement of deconcentration and other policies that govern eligibility, selection, and admissions. If using project-based vouchers, provide the projected number of project-based units and general locations, and describe how project-basing would be consistent with the PHA Plan (24 CFR §903.7(b)).

Units with Approved Vacancies for Modernization. The PHA must include a statement related to units with approved vacancies that are undergoing modernization in accordance with 24 CFR §990.145(a)(1).

Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants).

For all activities that the PHA plans to undertake in the current Fiscal Year, provide a description of the activity in the space provided.

B.3 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA’s progress in meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR §903.7(r)(1))

B.4 Capital Improvements. PHAs that receive funding from the Capital Fund Program (CFP) must complete this section (24 CFR §903.7 (g)). To comply with this requirement, the PHA must reference the most recent HUD approved Capital Fund 5 Year Action Plan in EPIC and the date that it was approved.

PHAs can reference the form by including the following language in the Capital Improvement section of the appropriate Annual or Streamlined PHA Plan Template: “See Capital Fund 5 Year Action Plan in EPIC approved by HUD on XX/XX/XXXX.”

B.5 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark “yes” and describe those findings in the space provided. (24 CFR §903.7(p))

C. Other Document and/or Certification Requirements.

C.1 Resident Advisory Board (RAB) comments. If the RAB had comments on the annual plan, mark “yes,” submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.13(c), 24 CFR §903.19 )

C.2 Certification by State of Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR §903.15 ). Note: A PHA may request to change its fiscal year to better coordinate its planning with planning done under the Consolidated Plan process by State or local officials as applicable.

C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan. Provide a certification that the following plan elements have been revised, provided to the RAB for comment before implementation, approved by the PHA board, and made available for review and inspection by the public. This requirement is satisfied by completing and submitting form HUD-50077 ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed. Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the certification requirement to affirmatively further fair housing if the PHA fulfills the requirements of §§ 903.7(o)(1) and 903.15(d) and: (i) examines its programs or proposed programs; (ii) identifies any fair housing issues and contributing factors within those programs, in accordance with 24 CFR 5.154 or 24 CFR 5.160(a)(3) as applicable; (iii) specifies actions and strategies designed to address contributing factors, related fair housing issues, and goals in the applicable Assessment of Fair Housing consistent with 24 CFR 5.154 in a reasonable manner in view of the resources available; (iv) works with jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement; (v) operates programs in a manner consistent with any applicable consolidated plan under 24 CFR part 91, and with any order or agreement, to comply with the authorities specified in paragraph (o)(1) of this section; (vi) complies with any contribution or consultation requirement with respect to any applicable AFH, in accordance with 24 CFR 5.150 through 5.180; (vii) maintains records reflecting these analyses, actions, and the results of these actions; and (viii) takes steps acceptable to HUD to remedy known fair housing or civil rights violations. impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction’s initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o)).

280
C.4 Challenged Elements. If any element of the Annual PHA Plan or 5-Year PHA Plan is challenged, a PHA must include such information as an attachment to the Annual PHA Plan or 5-Year PHA Plan with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public.

C.5 Troubled PHA. If the PHA is designated troubled, and has a current MOA, improvement plan, or recovery plan in place, mark “yes,” and describe that plan.

Include dates in the description and most recent revisions of these documents as attachments. If the PHA is troubled, but does not have any of these items, mark “no.” If the PHA is not troubled, mark “N/A.” (24 CFR §903.9)

D. Affirmatively Furthering Fair Housing (AFFH).

D.1 Affirmatively Furthering Fair Housing. The PHA will use the answer blocks in item D.1 to provide a statement of its strategies and actions to implement each fair housing goal outlined in its accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5) that states, in relevant part: “To implement goals and priorities in an AFH, strategies and actions shall be included in program participants' … PHA Plans (including any plans incorporated therein) ….

Strategies and actions must affirmatively further fair housing ….” Use the chart provided to specify each fair housing goal from the PHA’s AFH for which the PHA is the responsible program participant – whether the AFH was prepared solely by the PHA, jointly with one or more other PHAs, or in collaboration with a state or local jurisdiction – and specify the fair housing strategies and actions to be implemented by the PHA during the period covered by this PHA Plan. If there are more than three fair housing goals, add answer blocks as necessary.

Until such time as the PHA is required to submit an AFH, the PHA will not have to complete section D., nevertheless , the PHA will address its obligation to affirmatively further fair housing in part by fulfilling the requirements at 24 CFR 903.7(o)(3) enacted prior to August 17, 2015, which means that it examines its own programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require the PHA’s involvement; and maintain records reflecting these analyses and actions. Furthermore, under Section 5A(d)(15) of the U.S. Housing Act of 1937, as amended, a PHA must submit a civil rights certification with its Annual PHA Plan, which is described at 24 CFR 903.7(o)(1) except for qualified PHAs who submit the Form HUD-50077-CR as a standalone document.

_________________________________________________________________________________________________________________________ This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a ne w section 5A to the U.S. Housing Act of 1937, as amended, which introduced the 5-Year and Annual PHA Plan.

Public reporting burden for this information collection is estimated to average 7 .52 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number.

Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regu lations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality.

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Attachment 1
282
283
284
285
286
287
288
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Attachment 2

August 29, 2024

Re: Recovery Agreement and Action Plan Report Update Response

Since the inception of the 2019 Public Housing Authority Recovery and Sustainability (PHARS) Agreement and Action Plan, the Richmond Housing Authority (RHA), City of Richmond, and U.S. Department of Housing and Urban Development (HUD) Region 9 office have collaborated to produce many accomplishments for our residents and the housing authority in general.

HUD staff has emphasized to RHA that throughout this PHARS process the residents of our public housing portfolio should be prioritized, and we are happy to report this is being accomplished. Since our last PHARS update for Hacienda, the property has been repositioned, the rehabilitation construction has been completed, and 150 units are now fully occupied in a beautiful new building with supportive services. At Nevin Plaza, the property has been repositioned and construction has commenced for the rehabilitation of 140 units. Residents are being temporarily relocated as rehabilitation proceeds.

RHA is negotiating a draft development agreement with the Nevin Plaza developer regarding the new construction of approximately 70 affordable multifamily units on the adjacent RHA owned site that is currently being used for construction staging.

At Nystrom Village, which is the oldest and most challenging property in our portfolio, unit turnover activities are ongoing, and RHA maintenance staff are responding to various work orders from residents. Negotiations of a Master Development Agreement (MDA) with the preferred developer that was previously selected through a competitive process and with whom an Exclusive Rights to Negotiate Agreement (ERNA) was executed the negotiations were not successful. The ERNA period expired without an acceptable agreement. The RHA started a new Request for Qualifications (RFQ) process to select a new development partner. The development agreement with the selected developer will be consistent with the terms set forth in the ERNA and will address replacement of the existing public housing units with project- based voucher subsidized housing and the new construction of affordable and mixed- income housing on the adjacent three-block area owned by RHA. The RFQ solicitation process has been completed and RHA is currently reviewing and will score applications for a recommendation to the Board.

Work on Richmond Village was originally delayed in order to exit the investor limited partner from the ownership entity. Richmond Village had reached its “year 15”, City of Richmond Housing Authority
450 Civic Center Plaza, 2nd Floor, Richmond CA 94804
(510) 621-1300
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prompting the need for RHA to exercise its Option and Right of First Refusal rights.

This was complicated by the investor limited partner selling its national portfolio of Low- Income Housing Tax Credit (LIHTC) investments. RHA worked with McCormick Baron Salazar to negotiate a sale of the investor limited partner interest for $1.00. HUD’s approval was needed for this transaction. The Rental Assistance Demonstration (RAD) conversion was put on hold while the investor limited partner exit was completed. By the time this transaction was complete, and RHA was ready to return to the RAD application, our technical assistance provided was put on hold pending a contract renewal. We have resumed this effort, held two community meetings, created a draft of the application and we anticipate submittal of a RAD application October 2024.

Completion of all of the PHARS tasks continues to be a high priority for RHA.

Experiencing the above-mentioned accomplishments gives the team additional momentum and motivation to address the remaining PHARS tasks. The RHA acknowledges that not all tasks have been completed by the initially established deadlines. However, RHA is confident that despite taking more time, especially in the area of asset repositioning, the resulting outcomes reflect appropriate due diligence review and negotiations for the benefit of RHA and its residents, and the long-term preservation of affordable housing.

We acknowledge that there have been ongoing challenges for RHA in meeting all of the PHARS task deadlines, including the COVID-19 pandemic, challenges in assembling multiple funding sources for affordable housing development in the competitive California Bay Area, and rising construction costs and interest rates.

Despite these challenges, with the support of the City of Richmond and your team at the HUD Region 9 Office of Public Housing, we continue to make progress. In addition to our biweekly PHARS meeting updates, we provide in this letter and in the summary below, updates on deliverables in response to your correspondence.

Asset
Management
Project (AMP)
PHARS
Item
No.

Task Description Original
Target
Completion
Date
Hacienda 1.5 SAC acceptance of a complete Section 18 PIC disposition application for Hacienda Remaining
Parcel
12/31/2021
Update 1.5: As reported in our last communication, the first strategy to hire a broker to advertise and market the property was not successful.

The Hacienda Remaining Parcel recently is back in full control by the RHA. The parcel was being used for Hacienda construction staging. RHA staff prioritized the closing of the Nevin Plaza project this last year which impacted the creation of the Request for Proposals (RFP) and solicitation. The new date to release the RFP is November 2024. Once a developer is chosen, the Section 18 Disposition will commence.
291

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Nystrom 4.2 Finalize terms btw RHA and Developer 5/29/2020 Nystrom 4.3 SAC acceptance of a complete Section 18 PIC Application
9/1/2020
Nystrom 4.4 Closing/Conveyance/Start Construction 9/1/2020 Update 4.2 and 4.4: RHA was not successful in negotiating a final agreement by the first established Exclusive Right to Negotiate Agreement (ERNA) deadline with the selected developer, McCormick Baron Salazar (MBS) and Richmond Neighborhood Housing Services (RHNS).

The developer expressed interest in continuing negotiations and commitment to develop a final agreement in the short term. The RHA negotiated an extension of the ERNA with the developer, and it was approved by the RHA Board of Commissioners on June 20, 2023. The ERNA ex
tension sets the date of a final agreement to be
executed by October 31, 2023. The ERNA deadline was reached with no mutually agreed upon development agreement. A new RFQ solicitation process was started and completed, and RHA is currently reviewing and will score applications for a
recommendation to the Board. Once the final development agreement is executed, the Section 18 Disposition application will commence.

Richmond
Village I & II

5.1 Submit RAD Application 10/1/2019
Richmond
Village I & II

5.2 Submit RAD Financing Plan 11/28/2020
Richmond
Village I & II

5.3 Close RAD Conversion 12/01/2020
Update 5.1 to 5.3: As mentioned in the last update, converting to Rental Assistance Demonstration (RAD) involves three (3) tasks:

1) Exit of the investor limited partner - Completed.

2) Negotiate new terms with McCormack Baron Salazar (MBS) and Community Housing Development Corporation (CHDC) for the future ownership and operations of Richmond Village. A
Memorandum of Understanding among RHA, MBS and CHDC was approved by the Housing Authority Board of Commissioners on September 13, 2022 - Completed.

3) Submission of RAD application - For RAD applications RHA relies on the HUD funded Technical Assistance (TA) provider, Mike Andrews, to support the preparation and submission of the 292

Page 4 of 4 ends

application. This year there was some service interruption due to contracting that impacted the preparation of the RAD application.

HUD staff has informed RHA there are still some hours available for TA assistance and will also research the possibility of extending the contract. RHA has also notified the HUD local office that RHA will also research the possibility of a contract with the TA provider. With access to additional TA hours, we have resumed this effort, held two community meetings, created a draft of the application and we anticipate submittal of a RAD application October 2024.

Approach - RHA and MBS assume a “non-debt” RAD/Section 18 Small PHA Blend conversion for Richmond Village I, II, and III. This is a change from the plan reflected in the PHARS Agreement. At the time the PHARS Agreement was executed, this option was not available. “No debt” conversions are the most streamlined of all RAD conversions.

Richmond
Village III

6.1 SAC Acceptance of a complete Section 18 PIC
Application
05/30/2021
Richmond
Village III

6.2 Receive Tenant Protection Vouchers 06/30/21
Richmond
Village III

6.3 Closing/Conveyance/Start Construction 12/31/2021
Update 6.1 to 6.3 Close RAD Conversion

This task no longer applies as a result of the change mentioned above under Richmond Village I & II task 5.2.

Closing will occur for Richmond Village I, II, and III simultaneously as part of a RAD/Section 18 Small PHA Blend conversion

Other 7.2 Complete HCV Close Out Audit 04/26/2020
Update 7.2: As you are aware, in order to complete the 2019 HCV, Close out Audit, RHA had to address previous year audits that were not submitted. 2017 Audited Financial statements were completed, issued, submitted to REAC and approved. 2018 Audited Financial statements were completed, issued, submitted to REAC, and RHA is waiting for HUD review and approval. 2019 Financial data, including updated trial balances and bank reconciliations, was submitted to the auditor for review. Audit was submitted to HUD August 2024.

293
________________________________________________________________________________________________________________________ Previous version is obsolete Page 1 of 1 form HUD-50077-CR (3/31/2024) Civil Rights Certification
(Qualified PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB Approval No. 2577-0226
Expires 3/31/2024

Civil Rights Certification
Annual Certification and Board Resolution
Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairperson or other authorized PHA official if there is no Board of Commissioners, I approve the submission of the 5-Year PHA Plan , hereinafter referred to as” the Plan”, of which this document is a part, and make the following certification and agreements with the Department of Housing and Urban Development (HUD) for the fiscal year beginning _07/01/2024________ in which the PHA receives assistance under 42 U.S.C. 1437f and/or 1437g in connection with the mission, goals, and objectives of the public housing agency and implementation thereof:

The PHA certifies that it will carry out the public housing program of the agency in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d—4) , the Fair Housing Act (42 U.S.C. 3601-19), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), title II of the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), and other applicable civil rights requirements and that it will affirmatively further fair housing in the administration of the program. In addition, if it administers a Housing Choice Voucher Program, the PHA certifies that it will administer the program in conformity with the Fair Housing Act, title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, title II of the Americans with Disabilities Act, and other applicable civil rights requirements, and that it will affirmatively further fair housing in the administration of the program. The PHA will affirmatively further fair housing, which means that it will take meaningful actions to further the goals identified in the Assessment of Fair Housing (AFH) conducted in accordance with the requirements of 24 CFR § 5.150 through 5.180, that it will take no action that is materially inconsistent with its obligation to affirmatively further fair housing, and that it will address fair housing issues and contributing factors in its programs, in accordance with 24 CFR § 903.7(o)(3). The PHA will fulfill the requirements at 24 CFR § 903.7(o) and 24 CFR § 903.15(d). Until such time as the PHA is required to submit an AFH, the PHA will fulfill the requirements at 24 CFR § 903.7(o) promulgated prior to August 17, 2015, which means that it examines its programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require the PHA’s involvement; and maintains records reflecting these analyses and actions.

Richmond Housing Authority CA010 _________________________________
PHA Name PHA Number/HA Code
I hereby certify that all the statement above, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Name of Executive Director: Gabino Arredondo Name of Board Chairperson: Mayor Eduardo Martinez

Signature Date Signature Date
The United States Department of Housing and Urban Development is authorized to collect the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit.

The information requested does not lend itself to confidentiality. The information is collected to ensure that PHAs carry out applicable civil rig hts requirements.

Public reporting burden for this information collection is estimated to average 0.16 hours per response, including the time f or reviewing instructions, searching existing data sources, gathering, and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. 294

Page 1 of 3 ends

Certifications of Compliance with
PHA Plan and Related Regulations
(Standard, Troubled, HCV-Only, and
High Performer PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires 3/31/2024

PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations including PHA Plan Elements that Have Changed
Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chair person or other authorized PHA official if there is no Board of Commissioners, I approve the submission of the___ 5-Year and/or___ Annual PHA Plan, hereinafter referred to as” the Plan”, of which this document is a part, and make the following certification and agreements with the Department of Housing and Urban Development (HUD) for the PHA fiscal year beginning ________, in connection with the submission of the Plan and implementation thereof:

1. The Plan is consistent with the applicable comprehensive housing affordability strategy (or any plan incorporating such strategy) for the jurisdiction in which the PHA is located (24 CFR § 91.2).

2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impediments (AI) to Fair Housing Choice, or Assessment of Fair Housing (AFH) when applicable, for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan (24 CFR §§ 91.2, 91.225, 91.325, and

91.425).

3. The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by the PHA, consulted with this Resident Advisory Board or Boards in developing the Plan, including any changes or revisions to the policies and programs identified in the Plan before they were implemented, and considered the recommendations of the RAB (24 CFR 903.13). The PHA has included in the Plan submission a copy of the recommendations made by the R esident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations.

4. The PHA provides assurance as part of this certification that:
(i) The Resident Advisory Board had an opportunity to review and comment on the changes to the policies and programs before implementation by the PHA;
(ii) The changes were duly approved by the PHA Board of Directors (or similar governing body); and (iii) The revised policies and programs are available for review and inspection, at the principal office of the PHA during normal business hours.

5. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment.

6. The PHA certifies that it will carry out the public housing program of the agency in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d—4), the Fair Housing Act (42 U.S.C. 3601- 19), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), title II of the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), and other applicable civil rights requirements and that it will affirmatively further fair housing in the administration of the program. In addition, if it administers a Housing Choice Voucher Program, the PHA certifies that it will administer the program in conformity with the Fair Housing Act, title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, title II of the Americans with Disabilities Act, and other applicable civil rights requirements, and that it will affirmatively further fair housing in the administration of the program.

7. The PHA will affirmatively further fair housing, which means that it will take meaningful actions to further the goals identified in the Assessment of Fair Housing (AFH) conducted in accordance with the requirements of 24 CFR § 5.150 through 5.180, that it will take no action that is materially inconsistent with its obligation to affirmatively further fair housing, and that it will address fair housing issues and contributing factors in its programs, in accordance with 24 CFR § 903.7(o)(3).

The PHA will fulfill the requirements at 24 CFR § 903.7(o) and 24 CFR § 903.15(d). Until such time as the PHA is required to submit an AFH, the PHA will fulfill the requirements at 24 CFR § 903.7(o) promulgated prior to August 17, 2015, which means that it examines its programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require the PHA’s involvement; and maintains records reflecting these analyses and actions.

8. For PHA Plans that include a policy for site-based waiting lists:
• The PHA regularly submits required data to HUD's 50058 PIC/IMS Module in an accurate, complete and timely manner (as specified in PIH Notice 2011-65);
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• The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside, including basic information about available sites; and an estimate of the period of time the applicant would likely have to wait to be admitted to units of different sizes and types at each site; • Adoption of a site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD;
• The PHA shall take reasonable measures to assure that such a waiting list is consistent with affirmatively furthering fair housing; and
• The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws and certifications, as specified in 24 CFR 903.7(o)(1).

9. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975.

10. In accordance with 24 CFR § 5.105(a)(2), HUD’s Equal Access Rule, the PHA will not make a determination of eligibility for housing based on sexual orientation, gender identify, or marital status and will make no inquiries concerning the gender identification or sexual orientation of an applicant for or occupant of HUD-assisted housing.

11. The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41, Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped.

12. The PHA will comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968, Employment Opportunities for Low-or Very-Low Income Persons, and with its implementing regulation at 24 CFR Part 135.

13. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable.

14. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a).

15. The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58 or Part 50, respectively.

16. With respect to public housing the PHA will comply with Davis-Bacon or HUD determined wage rate requirements under Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act.

17. The PHA will keep records in accordance with 2 CFR 200.333 and facilitate an effective audit to determine compliance with program requirements.

18. The PHA will comply with the Lead-Based Paint Poisoning Prevention Act, the Residential Lead-Based Paint Hazard Reduction Act of 1992, and 24 CFR Part 35.

19. The PHA will comply with the policies, guidelines, and requirements of 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Financial Assistance, including but not limited to submitting the assurances required under 24 CFR §§ 1.5, 3.115, 8.50 , and 107.25 by submitting an SF-424, including the required assurances in SF-424B or D, as applicable.

20. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan.

21. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for public inspection. All required supporting documents have been made available for public inspection along with the Plan and additional requirements at the primary business office of the PHA and at all other times and locations identified by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA.

22. The PHA certifies that it is in compliance with applicable Federal statutory and regulatory requirements, including the Declaration of Trust(s).

_________________________________________ __________________________________________ PHA Name PHA Number/HA Code

_____ Annual PHA Plan for Fiscal Year 20____

_____ 5-Year PHA Plan for Fiscal Years 20____ - 20____
I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802).

Name of Executive Director Name Board Chairman

Signature Date Signature Date
296
___________________________________________________________________________________________________________

Page 3 of 3 ends

The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Cod e, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collect ion of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality. This information is collected to ensur e compliance with PHA Plan, Civil Rights, and related laws and regulations including PHA plan elements that have changed.

Public reporting burden for this information collection is estimated to average 0.16 hours per year per response, including t he time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. 297

CITY OF RICHMOND HOUSING AUTHORITY
Administrative Office
450 Civic Center Plaza, 2nd Floor • Richmond, CA 94804
(510) 621-1300 Voice • (510) 237-5230 FAX
TDD: 1-800-545-1833, Ext. 563

NOTICE OF PUBLIC HEARING

HOUSING AUTHORITY OF THE CITY OF RICHMOND
Richmond, California

Notice is hereby given that a Public Hearing will be held before the Richmond Housing Authority (RHA) Board of Commissioners on Tuesday, October 22, 2024, at 6:25 PM in the City Council Chambers, 440 Civic Center Plaza, 1st Floor, Richmond, California, 94804. The Board of Commissioners will receive public comment on the following matter:

The 2024 Annual Public Housing Agency Plan (2024 Annual PHA Plan), which includes goals and objectives for the Housing Authority’s future involvement in the provision of affordable housing in Richmond, through its Public Housing developments. The 2024 Annual PHA Plan will be submitted to the U.S. Department of Housing and Urban Development (HUD) after it is adopted by the RHA Board of Commissioners following the Public Hearing.

All interested people may appear and be heard.

Public notice of the 45-day public review period to consider the 2024 Annual PHA Plan was posted on the RHA Website August 29, 2024. Initial discussions of the 2024 Annual PHA Plan commenced at the Housing Advisory Commission (HAC) Meeting held on March 11, 2024, comments were solicited. A public notice in the local newspaper (West County Times) was posted on September 2, 2024. A webpage dedicated to the 2024 Annual PHA Plan was created on the RHA website to give background information on the plans development and ways for the public to provide feedback:
•
RHA Annual Plan Website
https://www.ci.richmond.ca.us/3925/Policies-and-Annual-Plan

The public may submit written comments by addressing them to the Richmond Housing Authority of the City of Richmond, 450 Civic Center Plaza, 2 nd Floor, Richmond,
California 94804 or send an email to [email protected] or call (510) 620-6606.

A copy of the draft 2024 Annual PHA Plan will be available for public inspection at the RHA Administrative Offices (450 Civic Center Plaza, 2
nd floor, Richmond CA 94804)
during regular working hours, 8:30 a.m. to 4:30 p.m.

This Public Hearing is required by the U.S. Department of Housing and Urban Development as part of the Quality Housing and Work responsibility Act of 1998.

298

CITY OF RICHMOND HOUSING AUTHORITY
Administrative Office
450 Civic Center Plaza, 2nd Floor • Richmond, CA 94804
(510) 621-1300 Voice • (510) 237-5230 FAX
TDD: 1-800-545-1833, Ext. 563

NOTICE OF PUBLIC HEARING

HOUSING AUTHORITY OF THE CITY OF RICHMOND
Richmond, California

All interested people may appear and be heard.

Public notice of the 45-day public review period to consider the 2024 Annual PHA Plan was posted on the RHA Website August 29, 2024. Initial discussions of the 2024 Annual PHA Plan commenced at the Housing Advisory Commission (HAC) Meeting held on March 11, 2024, comments were solicited. A public notice in the local newspaper (West County Times) was posted on September 2, 2024. A webpage dedicated to the 2024 Annual PHA Plan was created on the RHA website to give background information on the plans development and ways for the public to provide feedback:
• RHA Annual Plan Website
https://www.ci.richmond.ca.us/3925/Policies-and-Annual-Plan

The public may submit written comments by addressing them to the Richmond Housing Authority of the City of Richmond, 450 Civic Center Plaza, 2nd Floor, Richmond, California 94804 or send an email to [email protected] or call (510) 620-6606.

A copy of the draft 2024 Annual PHA Plan will be available for public inspection at the RHA Administrative Offices (450 Civic Center Plaza, 2nd floor, Richmond CA 94804) during regular working hours, 8:30 a.m. to 4:30 p.m.

This Public Hearing is required by the U.S. Department of Housing and Urban Development as part of the Quality Housing and Work responsibility Act of 1998.

299

Page 1 of 2 ends

October 22, 2024

Human Resources

DATE: October 22, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Shannon Moore, Chief Assistant City Attorney
Nickie Mastay, Deputy City Manager- Internal Services
Sharrone Taylor, Director of Human Resources
Subject:

Legal Services Agreement with Oppenheimer
Investigations Group
FINANCIAL IMPACT: These services are considered part of the program administration costs and accounted for in the Fiscal Year 2024-2025 Human Resources and Risk Management
budgets. The services are provided at an hourly rate so the actual amount could be less. (Human Resources
Legal Services 01181016-400206 and Risk Management
Legal Service – Non-General Fund 50182316-400206).

PREVIOUS COUNCIL
ACTION:

STATEMENT OF THE
ISSUE:

The City Council’s approval is needed to approve legal
services agreements for employment attorneys to
conduct confidential personnel investigations.

RECOMMENDED ACTION:

APPROVE a legal services agreement with Oppenheimer
Investigations Group for a term of October 22, 2024,
through September 30, 2027, for a total amount not to
exceed $300,000 – City Attorney’s Office/Human
Resources Department (Shannon Moore/Nickie
Mastay/Sharrone Taylor 510-620-6600).

AGENDA
REPORT
300

Page 2 of 2 ends

October 22, 2024

DISCUSSION:

The City is responsible for addressing complaints of discrimination, harassment, and retaliation by promptly conducting thorough and unbiased personnel investigations.

Additionally, the City investigates other workplace issues, including employee complaints, when necessary. When an external personnel investigation is required, the City enlists the services of specialized firms which have highly skilled employment law attorneys to conduct personnel investigations, such as Oppenheimer Investigations Group.

The City A ttorney’s Office and Human Resources Department are requesting a legal services agreement with Oppenheimer Investigations Group ( OIG). OIG is a n investigations law firm that specializes in impartial workplace investigations. OIG investigates complaints of harassment, discrimination, retaliation, sexual assault, and other misconduct for public entities and other entities throughout California. OIG has previously conducted investigations for the City and has proven satisfactory in their services. Continuing the working relationship with th is firm will ensure ongoing critical investigations are conducted timely and provide stability and consistency in the investigations process.

The City Attorney's Office and the Human Resources Dep artment are requesting approval of a new legal services agreement with OIG for a term of October 22, 2024, through September 30, 2027, for a total amount not to exceed $300,000.

Staff recommends approval of the legal services agreement.

DOCUMENTS ATTACHED:

Attachment 1 – Proposed Legal Services Agreement with Oppenheimer Investigations Group

301
1 DocID #29011v2

LEGAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF RICHMOND
AND

OPPENHEIMER INVESTIGATIONS GROUP LLP

PREAMBLE

This legal services agreement (“Agreement”) is made and entered into on this 22nd day of October, 2024 (the “Effective Date”) by and between the City of Richmond, California, a chartered California municipal corporation (“City”), with its principa l place of business located at 4 50 Civic Center Plaza, Richmond, California 94804 and OPPENHEIMER INVESTIGATIONS GROUP LLP comprised of attorneys licensed to practice law in the State of California (“Special Counsel”) with its principal place of business located at, 1442A Walnut Street, Berkeley, CA 94709. Special Counsel may be referred to herein individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS

The following recitals are as follows:

A. City desires to secure professional services more fully described in this Agreement; and,

B. Special Counsel represents that it has the professional qualifications, expertise, necessary licenses and desire to provide legal services of the quality and type, which meet objectives, and requirements of City.

AGREEMENT PROVISIONS

The Parties agree as follows:

1. RETENTION OF FIRM.

A. City hereby confirms, retains and authorizes Special Counsel to represent City and provide legal services as may be requested, from time to time, orally or in writing, by authorized representatives of City on an as -needed basis. By this Agreement, City is retaining Special Counsel and not individual members of the Special Counsel. Special Counsel’s client is the City, as a public entity, and not any of its individual members, groups of individuals or any other entity.

B. The Special Counsel shall report to and receive direction from the City Attorney only and not from any other Department Head or City staff.

C. Special Counsel shall perform such legal services for and on behalf of City under the primary direction of the City Attorney. Special Counsel shall undertake, subject to approval of the City Attorney, additional duties as may be authorized by City from time to time under the terms and conditions of this Agreement. 302
2 DocID #29011v2

2. DESCRIPTION OF SERVICES TO BE PROVIDED.

See “Scope of Work” in Exhibit A.

3. TERM OF AGREEMENT.

The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on September 30, 2027, unless the parties extend the Agreement in writing. The services shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.

4. ASSIGNMENT OF DUTIES.

It is agreed by and between the Parties that the City Attorney or their designee shall approve the Special Counsel assigned attorney(s) prior to the commencement of an assigned investigation.

5. PUBLIC FUNDING.

Special Counsel and City mutually recognize that Special Counsel’s services under this Agreement are being paid for with tax dollars from citizens and taxpayers of the City of Richmond, California, and that, given this fact, a heightened duty of care exists in both Special Counsel and City to ensure that Special Counsel scrupulously adheres to principles of moderation, frugality and cost consciousness in carrying forth the goals of this Agreement. Special Counsel and each of its attorneys pledge themselves to scrupulously observe a duty of reasonableness and cost -effective representation in all aspects of this Agreement.

6. PAYMENT FOR SERVICE.

In consideration for Special Counsel’s performance of legal services on behalf of City under the terms of this Agreement, and upon review and approval of Special Counsel’s bill by the City Attorney, Special Counsel shall be compensated at the preapproved hourly rates and for authorized expenses set forth in the “Scope of Work and Schedule of Fees and Charges” set forth in Exhibit A, attached and incorporated by this reference. Fees for services performed by retained consultants, subcontractors, experts or other personnel may be billed to City only if approved in writing by the City Attorney. Exhibit A may be amended from time to time by letter agreement duly signed and approved by the City Attorney.

7. BILLING INVOICES.

Special Counsel shall, within thirty (30) days after the end of each month in which services are performed under this Agreement, submit to the City an itemized bill describing in detail the specific services performed as set forth in this Agreement.

Special Counsel shall adhere to the Protocols and Guidelines set forth in Exhibit B, attached and incorporated by this reference. The bill shall be electronically submitted to [email protected] and [email protected]. 303
3 DocID #29011v2

8. PROJECT PLAN AND BUDGET AND RESERVES.

Special Counsel shall provide a project plan and budget for any project or case assigned to Special Counsel under this A greement. Project plans and budgets shall conform to the guidelines set forth in Exhibit C (Project Plan and Budget).

9. BILLING.

Special Counsel shall scrupulously examine all bills submitted for services rendered under this Agreement to assure that appropriate billing judgment is employed in billing City for service. Special Counsel shall not bill for hours other than those hours expressly devoted to the tasks approved in advance by the City Attorney. Special Counsel agrees it will not bill for time, which is not specifically devoted to the task(s). Special Counsel shall not use legal professionals for secretarial work and under no circumstances shall Special Counsel have lawyers billing for making copies, scheduling appointments or taking care of matters or work that would otherwise be work performed by a law clerk, assistant or secretary.

10. TERMINATION.

Either Party may terminate this Agreement by providing written notice to the other. Any termination hereunder shall become effective immediately upon receipt of written notice of termination; provided, however, that Special Counsel may exercise its right of termination only to the extent and under terms and conditions consistent with the obligations of Special Counsel under the Rules of Professional Conduct of the State Bar of California; and provided, that in the event of termination, the amount due Special Counsel for services rendered and costs and expenses incurred prior to termination shall remain due and payable.

Special Counsel agrees to turn over to any attorney substituted in its place, the entire file and attorney work product regarding any such matter within seven (7) days of any such termination.

11. CONFLICTS OF INTEREST.

A. No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any discretion, function or responsibility in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement.

B. Special Counsel agrees to secure the informed written consent of the City Attorney before accepting any representation adverse to the City (actual or apparent) during the term of this Agreement, and to forego the representation if the City Attorney, in his or her sole discretion, objects for any reason. This provision is intended to provide rights to the City above and beyond the rights Special Counsel owes to the City under all applicable rules of professional conduct relating to conflict of interest.

304
4 DocID #29011v2

12. ASSIGNMENTS AND SUCCESSORS IN INTEREST.

City and Special Counsel bind themselves, their partners, successors, assigns, executors and administrators to the terms of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for in this Agreement shall be assigned or transferred, either voluntarily or by operation of law, without the prior written approval of the City Attorney.

13. AUDITS, RECORDS, AND DOCUMENTATION.

A. The City and any other federal, State or local governmental agency, and any of their authorized auditors or representatives, including auditors, shall have access to, and the right to audit and reproduce any of Special Counsel's records to the extent the City or such other governmental agency deems necessary to ensure that City is paying only the amounts to which Special Counsel is properly entitled or for other purposes relating to the Agreement. Special Counsel shall assist the City in responding to any requests from the City’s auditors, and Special Counsel shall not bill the City for any time spent responding to any such audit requests.

B. Special Counsel shall maintain complete and accurate records of the services provided to City and expenses incurred on behalf of City. Special Counsel shall maintain and preserve all such records for at least three (3) years after termination of the Agreement or until an audit has been completed and accepted in writing by City. Upon written notice by the City, the Special Counsel shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies.

14. NON-DISCRIMINATION.

A. Special Counsel agrees to observe 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 with the City of Richmond for services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, sexual orientation, gender identity, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Said Section 2.28.030 is, by this reference, a part of this Agreement.

B. If Special Counsel is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it will be in default of this Agreement. Thereupon, City will have the power to cancel or suspend this Agreement, in whole or in part.

15. HOLD HARMLESS/INDEMNIFICATION.

Special Counsel agrees to indemnify, hold harmless, release and defend to the maximum extent permitted by law, and covenants not to sue, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including 305
5 DocID #29011v2
attorney’s fees and costs of litigation) which in whole or in part result from, or arise out of, any negligent acts, errors or omissions (including, without limitation, professional negligence) of Special Counsel, its employees, representatives, subcontractors, or agents in connection with the performance of this Agreement. This Agreement to indemnify, hold harmless, release and defend includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Special Counsel and its employees or agents, and members of the general public).

16. INSURANCE REQUIREMENTS.

Special Counsel shall maintain in full force and effect the following insurance policies:

A. Commercial general liability policy (bodily injury and property damage); B. Worker’s compensation/employer’s liability policy;
C. Business automobile liability insurance policy; and, D. Professional liability policy.

Said policies shall be maintained with respect to employees and vehicles assigned to the performance of work under this Agreement with coverage amounts, endorsements, certificates of insurance and coverage verifications as defined in Exhibit D, attached to this Agreement and incorporated by this reference.

17. CONFIDENTIALITY AND MEDIA STATEMENTS.

The data, information and reports acquired or prepared by Special Counsel in connection with matters upon which the City has retained Special Counsel shall not be shown or distributed to any other public or private person or entity except as authorized by the City Attorney and in no event prior to having been first disclosed to the City Attorney. All information, documents, records, reports, data or other materials furnished by City to Special Counsel or other such information, documents, records, data or other materials to which the Special Counsel has access during its performance pursuant to this Agreement are deemed confidential and shall remain the property of City. Special Counsel shall not make oral or written disclosure of such documents or materials, other than as necessary for its performance under this Agreement, without the prior written approval of the City Attorney.

Special Counsel shall not provide any written or oral statements to the media without the prior written authorization of the City Attorney.

18. AMENDMENTS.

This Agreement, including any Exhibits attached to it, represents the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may be modified only by a written amendment duly executed by the Parties to this Agreement.

306
6 DocID #29011v2

19. ENGAGEMENT OF OTHER COUNSEL, SPECIALISTS, OR EXPERTS.

Special Counsel will not engage or otherwise incur an obligation to pay other counsel, specialists, or experts for services in connection with this Agreement without the prior written approval of the City Attorney.

20. NOTICES.

All notices, pleadings, reports or other communication to the Parties shall be properly sent via electronic mail to [email protected] ,
[email protected], and to Special Counsel at its principal place of business listed on page one of this Agreement.

Either Party may change its address for receipt of notices under this Agreement by notice given in the manner provided herein.

21. LAW GOVERNING AGREEMENT.

This Agreement shall be interpreted under the laws of the State of California. All claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within Contra Costa County.

22. INVALID PROVISIONS.

If any provision of this Agreement is held to be illegal, invalid or unenforceable, in full or in part, then such provision shall be modified to the minimum extent necessary to make the provision legal, valid and enforceable, and the other provisions of this Agreement shall not be affected thereby.

23. LICENSE REQUIREMENTS.

Special Counsel shall demonstrate that the attorney(s) who provide legal services to City under this Agreement are licensed to practice law in the State of California and, if not, indicate to the satisfaction of the City Attorney why such license is not required to perform the services required.

24. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE
STATEMENT.

Contractor agrees to comply with the provisions of the Richmond Sanctuary City Contracting Ordinance (SCCO, Ordinance No. 12-18). Contractor must submit the Sanctuary City Compliance Statement included herein as Exhibit E along with the bid or proposal prior to execution of the contract.

307
7 DocID #29011v2
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.

OPPENHEIMER INVESTIMENTS

GROUP LLP

By:_______________________________

Title:_____________________________

CITY OF RICHMOND

____________________________
Mayor

Name:______________________

APPROVED AS TO FORM:

__________________________
City Attorney

ATTEST:

__________________________
City Clerk
308
Exhibit A

8 DocID #29011v2

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

Special Counsel shall conduct confidential personnel investigations. Special Counsel’s points of contact in the City of Richmond City Attorney’s office are:

Shannon L. Moore, Chief Assistant City Attorney
Beth Arnese, Senior Assistant City Attorney

Schedule of Fees & Charges:

Hourly Rates

See Attachment 1-A

COMPENSATION

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

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Three Hundred Thousand Dollars ($300,000) for attorneys’ fees and reimbursements. 309
Exhibit B

9 DocID #29011v2

BILLING PROTOCOLS/GUIDELINES

The City of Richmond (“City”) has adopted the following protocols for billing, budgeting, and planning for projects involving outside counsel. Special Counsel will be required to comply with this protocol. If you have questions concerning it, please contact the City Attorney for clarification. In the event you wish to negotiate changes due to the internal operation of your firm, please raise them in writing as soon as possible. Any changes to this protocol will need prior, written approval from the City Attorney. In the interest of fairness, all Special Counsel is required to comply with this protocol. This protocol is also to be used in conjunction with any new proposal for services.

These protocols and guidelines are instituted to ensure that Special Counsel conveys the information necessary for the City Attorney to manage outside projects and litigation.

Also, because these guidelines are set out in advance, they are designed to minimize any confusion or misunderstanding. Compliance with these guidelines should enhance the attorney-client relationship. If you have any comments or suggestions that could improve this system, please feel free to contact the City Attorney.

I. BILLING FORMAT
Unless otherwise agreed, the following information must be provided in monthly bills:
a. A detailed description of work, in time increments of .1 hour (one tenth of an hour) for and by each and every individual billing services. b. Identification of the lawyer who is in charge of the matter. c. Reasonably detailed disbursement breakdowns with backup documentation of any individual charge exceeding $100.00.
d. Each billing item must be separately stated on a separate line identifying the individual performing the services, the time spent and the exact nature of the service rendered.
e. When charges are made for research time, the specific issue being researched and the need for the research should be identified.
f. Each item billed should be coded to a specific litigation budget line item, if applicable.
g. The City Attorney reserves the right to request various levels of detail and specific formats (such as columnar comparisons with established budgets).

310
Exhibit B

10 DocID #29011v2
II. BILLING GUIDELINES

a. All tasks set forth in Special Counsel’s billing documentation shall be specific and detailed. Overly generalized listings of task descriptions such as “review contract” or “prepare for negotiations” are not acceptable. b. Billings under this Agreement shall not be provided in more than six (6) minute increments and shall represent the devotion of a full six minutes before an increment is billed. Under no circumstances shall Special Counsel use “block billing” procedures, wherein a list or series of activities is done each day with only an aggregate amount of time specified. c. Special Counsel shall keep the City advised of the identity and billing rates of those people working on the project account.
d. All time shall be billed within 30 days of the end of the month in which services were performed.
e. Counsel shall advise City whenever it anticipates the amount of services necessary to properly execute the task will exceed the amount of the contract.

When accrued billings are equal to eighty percent (80%) of the Payment Limit, written notice shall be given to the City as soon as possible, via e-mail, to the City Attorney’s Office, of this fact. In order to satisfy this notification requirement, Counsel shall monitor its accrued billings on a weekly basis and immediately notify the City Attorney if the eighty percent (80%) threshold is met. Special Counsel acknowledges the fiscal constraints on City funding and therefore Special Counsel assumes risk of non-payment for services rendered in the event the amount of services rendered exceeds the amount of the contract unless prior written authorization is received. Authorization to exceed the amount set forth in Exhibit A may be given only by City Attorney in writing.
f. Only those attorneys approved by the City may bill on the case. g. The City expects the attorney assigned to the case to handle all significant matters in the litigation. The City Attorney must approve in advance the assignment of other attorneys to the litigation or project. The City may request that the assigned work be instead handled by the primary attorney. h. Special Counsel shall not charge for more than one attorney at any hearing, deposition, or meeting of any kind without advance approval of the City Attorney.
i. No more than two paraprofessionals may bill on a particular case without the prior approval of the City.
311
Exhibit B

11 DocID #29011v2
j. The City has retained Special Counsel for its expertise, and therefore expects not to be billed for introductory or background research. City appreciates when Special Counsel has researched an issue previously and uses that research on present cases or projects. Do not charge the City for work Special Counsel has done and billed another client for in the past. k. Within thirty (30) days of the Effective Date of this Agreement, Special Counsel shall provide any manuals or policies describing Special Counsel’s billing practices.
l. The City does not allow “double billing” of any sort. If Special Counsel is working on another client’s matter, do not bill City for that time. This applies to travel time or any other matter.
m. Training time is not billable. Law clerks may be used only with prior approval.
n. City will not pay for new attorneys to “get up to speed” on a file unless it has been preapproved.
o. If a matter arises that requires Special Counsel to open a new file, the City Attorney should be informed immediately.
p. City reserves the right to require additional substantiation of any item of claimed expense.

III. REIMBURSEMENTS
a. The City will reimburse Special Counsel for the following expenses, and for no other expenses:
• Actual printing costs;
• Copying costs at $.12 / page (for legal documents and file materials, but not library materials);
• Actual cost of postage (including express mail delivery charges); • Facsimile charges at the rate of $0.25 per page;
• Actual cost of long distance telephone calls;
• Transcription and reporter's fees; and
• Reasonable travel. The City does not pay for meals unless Attorney is required to be away from office for one full day. All meals and/or travel reimbursements will be subject to approval by the City Attorney. Travel expenses are limited to the lesser of actual expenses or expenses that would be authorized for City employee travel pursuant to City policy. b. The City Attorney must approve in advance any single reimbursement item in excess of $250.
312
Exhibit B

12 DocID #29011v2
c. Any expense other than those listed in section “a.” must be approved by the City Attorney in writing and in advance in an approved budget. d. No compensation shall be allowed for administrative overhead or premiums added to the direct cost of research support or other services. e. Court filings shall be prepared in a timely manner so that “rush” or “expedited” messenger fees are not incurred.
f. Messenger and other charges in excess of actual costs are not permitted. City does not allow cost, plus a percentage, for actual outside costs g. City does not pay for secretarial time or secretarial overtime. City does not pay attorneys or paralegals for secretarial tasks or tasks that should not be included in Special Counsel’s overhead. For example, faxing, mailing, arranging for messengers and calendaring are not acceptable charges. h. City does not pay for billing or discussions of bills, including discussions initiated by the City or City’s requests for additional information about a bill. i. The practice of minimum billing charges is prohibited. Please charge for actual time spent. For example, a minimum of .2 for phone calls or .4 for letters is unreasonable unless it is an accurate measure of time spent. j. Do not charge for file opening or file closing. These are not true legal services, tasks or adequate descriptions of legal activities. 313
Exhibit C

13 DocID #29011v2

PROJECT PLAN AND BUDGET

Project plans and budgets should conform to the following guidelines:
a. The project plan shall include a projection of recommended strategies and actions to be taken in the project and a range of costs for each such strategy or action. b. If the scope of work includes representation of the City in litigation, the project plan shall include the following elements, with explanations:
• Anticipated total costs;
• The primary issues;
• The probability of success; and
• A settlement/trial recommendation
The project plan will be modified during the litigation as the need arises. c. The project budget shall include an estimate of the attorneys' hours and fees and disbursements during each phase and/or activity. All anticipated expenses must be listed and costs estimated.
d. In the event of litigation, the project budget shall include, but not be limited to, estimates for:
• Pre-commencement (legal and factual research for the complaint or answer); • Pleadings;
• Preliminary motions;
• Initial discovery;
• Factual investigation of merits (interviewing clients, employees and third parties);
• Review and abstract City's documents;
• Expert (non-medical) investigation and reports;
• Medical experts and examinations;
• Legal research on merits;
• More thorough discovery (including the identity of deponents and expected costs of each deposition and preparation);
• Settlement negotiations;
• Trial preparation; and
• Trial.
e. The project budget should include the anticipated cost of each line item, the time allotted to complete it and the professional level of the person handling it. f. The project budget is not a fixed fee agreement and is subject to revision. g. Special Counsel shall provide revisions to the project plan or budget at the request of the City Attorney.
314
Exhibit C

14 DocID #29011v2
h. Special Counsel understands and agrees that major unjustified deviations from the project budget, or failure to timely submit a project budget or revisions, if requested, may constitute a breach and result in termination of this Agreement. 315
Exhibit E

15 DocID #29011v2

CITY OF RICHMOND
Sanctuary City Compliance Statement

The undersigned, (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 e
xecuting 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.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (July2024)
316
Exhibit D
16 DocID #29011v2

City of Richmond -
Insurance Requirements - Type 2:

Professional Services
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 .
317
Exhibit D
17 DocID #29011v2
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.
318
Exhibit D
18 DocID #29011v2

City of Richmond - Insurance Requirements - Type 2:

Professional Services

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

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.

PROJECT COST
$0 - $1 million
$1 million - $5 million
Over $5 million

REQUIRED LIMIT
$1 million p/o
$2 million p/o
$5 million p/o

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. 319
Exhibit D
19 DocID #29011v2
City of Richmond - Insurance Requirements - Type 2:

Professional Services
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 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 320
Exhibit D
20 DocID #29011v2

herein may be consistent with public policy and thus enforceabl e 321

2024 Rates A+orney Non-Proﬁt Rate Amy Oppenheimer, Partner Vida Thomas, Managing Partner $545/hour Tina Ro-Connolly, Partner Zaneta Seidel, Partner Alezah Trigueros, Partner Danielle Drossel, Partner Tracey Merwise, Senior AForney Ilona Turner, Senior AForney Jack Morse, Senior AForney $445/hour
Supervision/SubstanLve Edit $445/hour Rachel Reddick, AForney Madeline Buitelaar, AForney Gorev Ahuja, AForney Rachael Melford, AForney Erik Roper, AForney Alisha Meyer, AForney Sandy Fu, Of Counsel Renee Jansen, Of Counsel $395/hour
Maria Walker, AForney JeaneFe Boykins, AForney Neil BauLsta, AForney Sean Lee, AForney Jacquelynn Kwong, AForney $345/hour
Writers/Editors Jacob, Cindy, Zack, GarreF $195/hour Interns $125/hour 322

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October 22, 2024

City Council

DATE: October 22, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Councilmembers McLaughlin and Robinson

Subject:

Project Labor Agreement for Neighborhood-Scale Building Decarbonization Project
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

On February 27, 2024, the City Council heard a
presentation on this project and agreed to move forward with this Richmond Clean Energy and Healthy Homes
project.

STATEMENT OF THE
ISSUE:

Richmond is embarking on a new, equitable model of
building decarbonization with this neighborhood-scale
project that allows all residents of one area regardless of demographics to receive the benefits of energy efficient, healthy and resilient homes at once.

RECOMMENDED ACTION:

ADOPT a resolution to support entering into a Project
Labor Agreement (PLA) for the Richmond Clean Energy
and Healthy Homes project and DIRECT staff to work
with the Contra Costa Building Trades and Construction
Council and other partners on this project to finalize such a PLA – Councilmembers Gayle McLaughlin (510-620-
6636) and Doria Robinson (510-620-6568).

AGENDA
REPORT
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October 22, 2024
DISCUSSION:

On February 27, 2024, the Richmond City Council heard a presentation from the Alliance of Californians for Community Empowerment (ACCE) to embark on a neighborhood-scale building decarbonization project and voted to move forward with the project.

This project proposes a group of houses (based on recommendations from PG&E) to receive deep energy efficiency retrofits, high-efficiency electric appliances such as heat pumps and electric panel upgrades, onsite solar, electric vehicle charging and battery storage to improve indoor air quality, lower utility bills and improve participants resilience in the case of power outages and natural disasters.

City staff has taken the lead on submission of an Environmental Protection Agency (EPA) Community Change Grant to fund this project. The grant was submitted on September 6, 2024.

MCE has agreed to manage the project with ACCE doing community outreach. In addition, as stated in the February 27 presentation, given the importance of having skilled workers (with good pay and benefits) and quality construction, there is a need to have union labor, with priority given to Richmond residents, on this project. Discussions have occurred with the Contra Costa Building Trades and Construction Council who are on board with this and are enthusiastic about partnering on this project. As the City of Richmond has done numerous times in the past, the best outcome for this project will be through a Project Labor Agreement.

DOCUMENTS ATTACHED:

Attachment - Resolution
324
RESOLUTION NO. _ .

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, SUPPORTING A PROJECT LABOR AGREEMENT BE ENTERED

INTO WITH THE CONTRA COSTA BUILDING AND CONSTRUCTION TRADES COUNCIL WITH RESPECT TO THE “RICHMOND CLEAN ENERGY AND
HEALTHY HOMES” PROJECT

WHEREAS, the intent of the Richmond Clean Energy and Healthy Homes project (“project”) is to demonstrate that a new, more equitable model of building decarbonization is possible with a neighborhood-scale building decarbonization project that allows all residents of one area regardless of demographics to receive the benefits of energy efficient, healthy, and resilient homes at once; and

WHEREAS, the project proposes a group of houses in target neighborhoods to receive deep energy efficiency retrofits, high-efficiency electric appliances such as heat pumps and electric panel upgrades if necessary, onsite solar, electric vehicle charging and battery storage to improve indoor air quality, lower utility bills, and improve participants resilience in the case of power outages and natural disasters; and

WHEREAS, the project helps the City of Richmond reach one of its Climate Action plan goals by decreasing residential building greenhouse gas emissions; and

WHEREAS, there is need for timely completion of the project and quality construction that can be obtained through the use of skilled workers represented by local unions; and

WHEREAS, the timely construction of the project will require a significant number of workers with skills and qualifications that are vital to their completion and that the need for apprentices from long-standing, proven apprenticeship programs is critical to quality construction of the project; and

WHEREAS, a Project Labor Agreement (PLA) will secure participation of a unionized workforce that includes meaningful local hiring provisions; and

WHEREAS, the PLA will comply with the City of Richmond’s Local Employment Program (LEP) to help ensure that this program’s workforce development benefits flow to Richmond community members; and

WHEREAS, the Contra Costa Building Trades and Construction Council enthusiastically agrees to work on this project with a PLA arrangement; and

WHEREAS, the City of Richmond has previously signed PLAs for a host of projects and is committed to evaluating a PLA for this project; and

WHEREAS, the City of Richmond is the lead applicant for the project to the United States Environmental Protection Agency (“EPA”) Community Change Grant, submitted to the 325
EPA on September 6, 2024, which requires paying a prevailing wage and completing the project on a short timeline; and

WHEREAS, the project would represent the first ever neighborhood-scale residential building decarbonization completed with union labor in the United States and presents the City of Richmond, California with the opportunity for nationwide leadership on the matter.

NOW, THEREFORE BE IT RESOLVED, that the City Council hereby supports a PLA be entered into by the City of Richmond for the project.

AYES:

NOES:

ABSTENTIONS:

ABSENT:

________________________________________
Clerk of the City of Richmond

(SEAL)

Approved:

_______________________________
Mayor

Approved as to form:

____________________________
City Attorney

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October 22, 2024

City Council

DATE: October 22, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Council Member Cesar Zepeda

Subject:

Proclamation Recognizing Transgender Day of
Remembrance 2024
FINANCIAL IMPACT: No financial impact

PREVIOUS COUNCIL
ACTION:

Proclamation recognizing Transgender Day of
Remembrance 2023

STATEMENT OF THE
ISSUE:

Proclamation recognizing Transgender Day of
Remembrance 2024 to acknowledge the memory of
those whose lives were lost in acts of anti-transgender violence.

RECOMMENDED ACTION:

PROCLAMATION recognizing Transgender Day of
Remembrance 2024 that honors the memory of those
whose lives were lost in acts of anti-transgender violence and to continue to invest in efforts to promote acceptance and to end violence towards transgender individuals –
Councilmember Cesar Zepeda (510-620-6593).

DISCUSSION:

Transgender Day of Remembrance is an annual event that began in 1999 with a vigil honoring the memory of Rita Hester, a transgender woman who was killed the year AGENDA
REPORT
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October 22, 2024
prior, and honors the memory of those whose lives were lost in acts of anti-transgender violence. Transgender Day of Remembrance consist of a reading of the names of transgender people who died from October 1st of the former year to September 30th of the current year, and may include candlelight vigils, dedicated church services, marches, art shows, food drives, and film screenings.

The LGBTQ+ community suffers from unacceptable acts of hatred and violence; more specifically, transgender and gender non-conforming people experience higher rates of violence and abuse as compared to cisgender or non-transgender individuals; and

Although we are proud of the existing protections that we have in place for transgender individuals, we must continue to invest in efforts that allow transgender individuals to pursue their lives free from discrimination in the San Francisco Bay Area. We must reaffirm our commitment to ongoing efforts to promote acceptance and to end violence towards transgender individuals in Richmond.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation

328

Whereas, Transgender Day of Remembrance is an annual event that began in 1999 with a vigil honoring the memory of Rita Hester, a transgender woman who was killed the year prior, and honors the memory of those whose lives were lost in acts of anti-transgender violence. It consists of a reading of the names of transgender people who died from October 1st of the former year to September 30th of the current year, and may include candlelight vigils, dedicated church services, marches, art shows, food drives, and film screenings; and

Whereas, the LGBTQ+ community suffers from unacceptable acts of hatred and violence; more specifically, transgender and gender non-conforming people experience higher rates of violence and abuse as compared to cisgender or non-transgender individuals; and

Whereas, the City of Richmond must work to end the stigma, racism, transphobia, sexism, biphobia, and homophobia that hurt and harm transgender and gender non- conforming individuals. Together, we must reject hate, cultivate acceptance, and end the stigma for transgender individuals who want to live as their most authentic self; and

Whereas, we are proud of the existing protections that we have in place for transgender individuals, we must continue to invest in efforts that allow transgender individuals to pursue their lives free from discrimination in the San Francisco Bay Area. We must reaffirm our commitment to ongoing efforts to promote acceptance and to end violence towards transgender individuals in Richmond.

NOW, THEREFORE BE IT RESOLVED, that I, Councilmember Cesar Zepeda, recognize Transgender Day of Remembrance and retrospectively honors all of the transgender people whose lives were lost this past year, and encourage our community to promote acceptance, equity, inclusion, and safety for transgender individuals.

Recognizing Transgender Day of Remembrance 2024

______________________
Mayor Eduardo Martinez
City of Richmond

______________________
Cesar Zepeda
District 2 Councilmember

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October 22, 2024

City Council

DATE: October 22, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Councilmember Gayle McLaughlin

Subject:

Return $75,000 to Prologis to Disburse to Organization
Supporting Unhoused
FINANCIAL IMPACT: There is no financial impact to the City for returning this donation to Prologis to disburse directly to organizations providing solutions for our unhoused community.

PREVIOUS COUNCIL
ACTION:

On November 7, 2023, the City Council accepted this
donation and allocated it to LifeLong Medical Center to aid in funding its Health Ambassadors program. The funding
was not transferred to LifeLong , and their Health
Ambassadors program has since ended.

STATEMENT OF THE
ISSUE:

Since LifeLong’s former Health Ambassador program has
ended, the City will return the donation to Prologis to disburse funds directly to an organization they would like to provide this funding to.

RECOMMENDED ACTION:

DIRECT staff to issue a refund of $75,000 to Prologis to disburse directly to an organization of its choice for
purposes of helping the unhoused with health and
wellness needs. – Councilmember Gayle McLaughlin
(510-620-6636).

DISCUSSION:

AGENDA
REPORT
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October 22, 2024
In November of 2023, the City Council approved providing this $75,000 grant from Prologis (for unhoused interventions) to LifeLong Medical Care which at the time had a Health Ambassador program that worked with unhoused people in Richmond. This program with LifeLong has since ended, and Prologis agrees that it would be best to refund the donation so that Prologis can provide the $75,000 contribution directly to an organization of their choice with recommendations of organizations who help with unhoused health and wellness needs in Richmond.

Currently SOS Richmond operates “The Warm Hand Wellness & Resource Centers” throughout the City which is in line with LifeLong’s former program. This $75,000 grant could support SOS Richmond or another organization that supports unhoused residents with the following:
 Fountain Project (Eastern/Western medical practitioners based at LifeLong’s Jenkins Center and delivered at The Warm Hand, for acupuncture and massage) -- $20,000

 Tiny Village Spirit (development of prospective villages that will be coordinated with The Warm Hand and other community resources, for villages that advance personal health and wellness, income, and an onramp to housing) – $18,000

 Men & Women of Valor (for use of their center for weekly events of The Warm Hand in North Richmond) -- $4,000

 Costs such as printing and others (for materials that support personal wellness, income and housing goals) -- $1,000

 Heavy Duty Tents (providing safe, street-level empowerment village for residents to have sturdy protection as an alternative to living in unhealthy, unsafe encampments) -- $12,000

 Fencing and gate (for an empowerment village to provide safety, security, stability and wellness for unhoused residents) -- $20,000

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October 22, 2024

Community Development

DATE: October 22, 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
332

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October 22, 2024
County’s recently adopted requirements for similar tank terminals operating in the County’s jurisdiction.

RECOMMENDED ACTION: ADOPT an ordinance (second 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 22, 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 22, 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 22, 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 22, 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)
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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

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:

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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.
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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 340
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. 341
(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.
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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. 343
(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. 344
(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 348
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, 349
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. 350
(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 353
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. 354
(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.

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.

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. 357
(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 359
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.

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 363
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 364
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. 365
(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.

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

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, 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

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.

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.

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). 373
(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 374
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 378
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 379
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 386
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 389
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 390
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 394
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. 396
(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 397
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. 398
(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 401
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. 402
(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 405
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, 407
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.

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 408
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.

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 409
(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.

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 411
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.

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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Richmond City CouncilOctober 22, 2024

Richmond City Council
October 22, 2024