Agenda — Richmond City Council, December 3, 2024 (part 7 of 7)

December 3, 2024
objection of the proposed assessment, in writing, was mailed to all owners on the list by the City Clerk. The failure of any owner to submit objections to the City Clerk shall constitute a waiver of any such objections. [Richmond Municipal Code Section

9.22.110(f)]
At the City Council hearing, only those persons who have submitted written objections to the City Clerk will be heard by the Council. At the hearing, which constitutes the appeal hearing, the City Council may correct, modify, or eliminate any proposed assessment which it may deem excessive or otherwise incorrect. Thereafter, by vote and resolution, the Council shall confirm each assessment and the amount thereof, as proposed or as corrected and modified, and order that an assessment be made as a personal obligation of the owner or, alternatively, assess it against the property. [Richmond Municipal Code Section 9.22.110(g)]
The unpaid code enforcement fines may include administrative costs, the costs of City staff to abate the violations, and unpaid citations to be assessed (levied) against the listed properties. When these charges remain unpaid for 30 days after the property owner is invoiced, the charges may become a lien on each parcel of land, collectible in the same manner as other municipal taxes. As part of the process to recover unpaid fees, City staff issues final invoices to owners notifying them of the City’s intent to levy the property if fees are not paid. Those that fail to pay the outstanding fees and fines by the date listed in the final invoice are listed in Exhibits A and B and are recommended to be levied.

The imposed fees and/or fines shown in Exhibit A, and B “Receivables for Unpaid Code Enforcement Fines,” have not been paid by the property owners for the period of May 1, 2022 through April 30, 2024. There are a total of 104 properties on the proposed lien lists (Exhibits A and B) totaling $589,620.59.

Below are summaries of the occupancy status for all properties on the proposed lien lists:

Upon City Council approval, the fees and fines listed in Exhibits A and B will be levied by the County for tax year 2025/2026. City staff anticipate doing another lien list, covering May 1, 2024, to April 30, 2025, in 2025.

Exhibit A Property Status
Homestead / Owner Occupied 7
Church 1
Non-Exempt / Rental 12
Vacant Lot 2
Total 22
Exhibit B Property Status
Business 4
Owner Occupied 16
Rental 19
Vacant Lot 43
Total 82
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December 3, 2024
DOCUMENTS ATTACHED:

Attachment 1 - Resolution
Exhibit A – “Receivables for Unpaid Code Enforcement Fines for May 1, 2022 - April 30, 2023 – Unapproved Lien List from September 19, 2023”
Exhibit B – “Receivables for Unpaid Code Enforcement Fines for May 1, 2023 - April 30, 2024”
1361
RESOLUTION NO. -2024

RESOLUTION OF CITY COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, APPROVING THE LEVY OF SPECIAL ASSESSMENTS TO BE

RECORDED AS LIENS ON PROPERTIES IN THE CITY OF RICHMOND,

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED IN EXHIBIT “A” AND EXHIBIT “B”, WHICH INCLUDES RECEIVABLES FOR

FINES AND COSTS RELATED TO UNPAID ADMINISTRATIVE CITATIONS,

AND NUISANCE ABATEMENTS
WHEREAS, the properties which are described in Exhibit “A” and Exhibit “B” attached hereto and incorporated herein by reference, are located in the City of Richmond, County of Contra Costa, State of California; and WHEREAS, pursuant to the provisions of Richmond Municipal Code Section(s)

2.62, 6.38.140, 9.22.100, 9.22.110, 9.50.110, and 11.76.110, the Code Enforcement Division notified in writing the owner(s) of said properties of conditions constituting a public nuisance and requested the owner to abate said conditions, as required by the said Code section(s); and
WHEREAS, the owners of said properties failed to abate a public nuisance on their property as required by Richmond Municipal Code Section 2.62, Section 6.38.140, Section 9.22.110, Section 9.50.110 or Section 11.76.110, and certain others have failed to pay fines and fees associated with said property; and
WHEREAS, the City of Richmond incurred charges as enumerated in EXHIBIT “A” and EXHIBIT “B” in which amounts remain unpaid; and WHEREAS, on September 19, 2023, Exhibit “A” properties and on December 3, 2024, Exhibit “A” and B” properties, the City Council of the City of Richmond held a duly noticed public hearing to consider the assessment lists and provide owners of said property an opportunity to object to said assessment.

NOW, THEREFORE, BE IT RESOLVED that pursuant to Richmond Municipal Code Section(s) 2.62, 6.38.140, 9.22.100, 9.22.110, 9.50.110 or 11.76.110 the Council of the City of Richmond does hereby levy a special assessment to be recorded as a lien against each of said properties in the amounts applicable to each specific property identified in EXHIBIT “A” and Exhibit “B” attached hereto and incorporated herein by this reference.

BE IT FURTHER RESOLVED that a copy of this resolution shall be delivered to the Finance Director of the City of Richmond and that the Finance Director is authorized and directed to collect this sum in the manner provided by law for collection of special assessment liens. When collected, these funds shall be credited to GFPLN/Code Enforcement Division. Account(s): 01163019-340441.

BE IT FURTHER RESOLVED that the Clerk of the City of Richmond is hereby directed to record this resolution, together with EXHIBIT “A” and EXHIBIT “B” as may be amended with the Recorder’s Office of the County of Contra Costa, California.
---------------------------------------------------
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held on December 3, 2024, by the following vote:

AYES:

NOES:

ABSTENTIONS:
1362
ABSENT:
___________________________

CLERK OF THE CITY OF RICHMOND
(Seal)
Approved:
____________________
MAYOR
Approved as to form:
_______________________

CITY ATTORNEY
1363

EXHIBIT A

COMMUNITY DEVELOPMENT DEPARTMENT
RECEIVABLES FOR UNPAID CODE ENFORCEMENT FINES FOR MAY 1, 2022 - APRIL 30, 2023 Case No Site Address Site APN Owner Name Address1 Owner City Owner
State
Owner Zip
Property
Status
Special
Assessment
1 CE22-000220 2558 DOWNER AVE 528-330-010-0 LOUIS BARBARA S 2558 DOWNER AVE RICHMOND CA 94804 Homestead 3,325.00 2 CE22-000230 376 SOUTH ST 513-163-032-8 SEAPORT MISSIONARY BAPTIST CH 376 SOUTH ST RICHMOND CA 94804 Church 4,582.30 3 CE22-000249 232 23RD ST 515-282-012-1 BERMUDEZ IGNACIO & ROSA 232 23RD ST RICHMOND CA 94804 Non Exempt 2,775.00 4 CE22-000288 621 16TH ST 514-310-039-3 GODINEZ MARGARET 621 16TH ST RICHMOND CA 94801 Non Exempt 3,575.30 5 CE22-000328 4117 LEKE WAY 408-032-020-5 WALKER MATTHEW 4117 LEKE WAY RICHMOND CA 94806 Non Exempt 3,325.00 6 CE22-000338 926 7TH ST 534-012-006-1 LOVATO RICHARD 926 7TH ST RICHMOND CA 94801 Vacant Lot 12,708.81 7 CE22-000345 2923 SHELDON DR 431-161-015-0 STRAIN DAVID & JULI ANN 2923 SHELDON DR RICHMOND CA 94803 Non Exempt 3,325.00 Homestead / Owner Occupied 7 8 CE22-000366 1049 18TH ST 530-190-010-5 MCLEOD JACQUELYN H 1049 18TH ST RICHMOND CA 94801 Non Exempt 3,639.60 Church 1 9 CE22-000393 447 A ST 538-030-020-1 PRIETO ASUNCION 447 A ST RICHMOND CA 94801 Vacant Lot 3,207.30 Non Exempt / Rental 12 10 CE22-000423 896 CARLSON BLVD 509-390-009-9 GIBSON DERRICK 896 CARLSON BLVD RICHMOND CA 94804 Non Exempt 9,173.06 Vacant Lot 2 11 CE22-000446 2543 GRANT AVE 528-340-021-5 WILLIAMS MAUREEN E PO BOX 132 DUTCH FLAT CA 95714 Non Exempt 2,775.00 Total 22 12 CE22-000465 2522 MCBRYDE AVE 528-100-009-0 KHAM DAN 2522 MCBRYDE AVE RICHMOND CA 94804 Non Exempt 3,600.00 13 CE22-000607 4400 BELL AVE 513-403-041-9 DUCRE MORRIS & DORIS 4400 BELL AVE RICHMOND CA 94804 Homestead 4,975.00 14 CE22-000612 3017 COLETTE DR 414-231-005-3 NEGRETE VERONICA 3017 COLETTE DR RICHMOND CA 94806 Non Exempt 2,775.00 15 CE22-000669 422 MARINA WAY S 544-232-016-3 AYROSO ELISA B 422 MARINA WAY S RICHMOND CA 94804 Non Exempt 3,550.00 16 CE23-000027 2128 CUTTING BLVD 544-301-018-5 PATINO JESUS 2128 CUTTING BLVD RICHMOND CA 94804 Non Exempt 5,525.00 17 CE23-000042 2849 LINCOLN AVE 528-120-018-7 MARTINEZ CELSO 2849 LINCOLN AVE RICHMOND CA 94804 Homestead 3,050.00 18 CE23-000074 547 20TH ST 514-190-010-9 CALDERON ABRAHAM 547 20TH ST RICHMOND CA 94801 Non Exempt 2,932.30 19 CE23-000080 2132 COSTA AVE 530-110-011-0 GONZALEZ SALVADOR 2132 COSTA AVE RICHMOND CA 94806 Homestead 3,639.60 20 CE23-000105 2119 VISALIA AVE 530-330-020-5 ROBERT REYNA 2119 VISALIA AVE RICHMOND CA 94801 Homestead 3,207.30 21 CE23-000146 1914 ROOSEVELT AVE 514-190-003-4 GONZALEZ RAMIREZ MARIA M TRE 1914 ROOSEVELT AVE RICHMOND CA 94801 Homestead 3,575.30 22 CEVP23-000007 687 9TH ST 534-132-012-4 FERGUSON LANDON T & GLADYS M 687 9TH ST RICHMOND CA 94801 Homestead 8,432.60 97,673.47
Property Status
Note: This list was not approved at the September 19, 2023 Council presentation Page 1 of 5 1364

EXHIBIT B

COMMUNITY DEVELOPMENT DEPARTMENT
RECEIVABLES FOR UNPAID CODE ENFORCEMENT FINES FOR MAY 1, 2023 - APRIL 30, 2024 Case No Site Address Site APN Owner Name Address1 Owner City Owner
State
Owner Zip Propety Status
Special
Assessment
1 CE22-000223 CARLSON BLVD 513-010-020-8 VETERANS RESOURCE PROGRAM PO BOX 1747 RICHMOND CA 94802 Vacant Lot 4,049.30 2 CE22-000423 896 CARLSON BLVD 509-390-009-9 GIBSON DERRICK 896 CARLSON BLVD RICHMOND CA 94804 Rental 9,863.60 3 CE22-000480 223 S 47TH ST 513-322-037-5 MIRAFLORES COMMUNITY DEVCO LLC PO BOX 1148 MILL VALLEY CA 94942 Vacant Lot 20,439.30 4 CE22-000521 650 14TH ST 514-320-013-6 MONROY JESUS / TRABANINO RONALD F GARCIA 1914 8TH ST BERKELEY CA 94710 Vacant Lot 6,742.92 5 CE22-000523 2363 EMERIC AVE 527-022-017-0 UNLIMITED DEVELOPMENT LLC PO BOX 4471 VALLEJO CA 94590 Rental 4,149.30 6 CE22-000669 422 MARINA WAY S 544-232-016-3 AYROSO ELISA B 422 MARINA WAY S RICHMOND CA 94804 Rental 4,217.00 Business 4 7 CE23-000017 135 CUTTING BLVD 550-090-024-5 Mgs Trust / Rickert Nelly 87 VIA FLOREADO ORINDA CA 94563 Business 3,067.00 Owner Occupied 16 8 CE23-000027 2128 CUTTING BLVD 544-301-018-5 PATINO JESUS 2128 CUTTING BLVD RICHMOND CA 94804 Rental 2,942.00 Rental 19 9 CE23-000040 430 CHESLEY AVE 561-181-010-1 FOCUS GROUP VENTURES LLC 1564 FITZGERALD DR #322 PINOLE CA 94564 Vacant Lot 7,945.90 Vacant Lot 43 10 CE23-000080 2132 COSTA AVE 530-110-011-0 GONZALEZ SALVADOR 2132 COSTA AVE RICHMOND CA 94806 Owner Occupied 4,049.30 Total 82 11 CE23-000155 129 5TH ST 538-310-010-3 ZHANG YANTING 270 EL NIDO RD PORTOLA VALLEY CA 94028 Rental 5,641.00 12 CE23-000159 3RD ST 538-200-032-0 EQUITY TRUST COMPANY CST 270 EL NIDO RD PORTOLA VALLEY CA 94028 Vacant Lot 6,495.90 13 CE23-000160 3RD ST 538-200-033-8 RENDON OLIVIER 270 EL NIDO RD PORTOLA VALLEY CA 94028 Vacant Lot 6,470.90 14 CE23-000170 434 BISSELL AVE 538-310-005-3 FRY NOLIA M 168 5TH ST RICHMOND CA 94801 Vacant Lot 8,316.54 15 CE23-000201 2436 MARICOPA AVE 527-142-005-0 CORNELL LEO R & DRUCILLA M 2436 MARICOPA AVE RICHMOND CA 94804 Vacant Lot 3,224.30 16 CE23-000212 30 1ST ST #34 538-350-006-2 PAYSINGER LORENE TRE 2320 ALVA AVE EL CERRITO CA 94530 Rental 3,542.00 17 CE23-000242 10 1ST ST 538-350-037-7 ROYTMAN LAURA 2643 APPIAN WAY PINOLE CA 94564 Rental 16,678.20 18 CE23-000247 10 1ST ST 528-120-020-3 PCL PROPERTIES 1 LP 3550 ROUND BARN BLVD #104 SANTA ROSA CA 95403 Vacant Lot 7,123.80 19 CE23-000249 247 4TH ST 538-200-009-8 PINEDA CARLOS O 54 PALMDALE AVE DALY CITY CA 94015 Rental 5,041.50 20 CE23-000257 230 NEVIN AVE 538-161-007-9 PAYSINGER LORENE TRE 2320 ALVA AVE EL CERRITO CA 94530 Rental 7,938.90 21 CE23-000262 423 C ST 538-022-013-6 BOYD MICHAEL PHILIP PO BOX 70123 RICHMOND CA 94807 Owner Occupied 12,908.70 22 CE23-000267 615 S 31ST ST 549-203-018-3 FOCUS GROUP VENTURES LLC 1564-A FITZGERALD DR PINOLE CA 94564 Vacant Lot 3,342.00 23 CE23-000269 20TH ST 529-272-011-6 PAPADOPOULOS JOHN V & TULA J 20 HILLDALE CT ORINDA CA 94563 Vacant Lot 7,123.80 24 CE23-000309 651 38TH ST 518-102-005-7 CRUZ J TRINIDAD & MARIA E 943 37TH ST RICHMOND CA 94805 Rental 3,224.30 25 CE23-000343 530 4TH ST 534-292-005-4 KAUR BEERA 5679 SUNSET CREEK CT PLEASANTON CA 94566 Rental 7,231.60 Property Status

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EXHIBIT B

COMMUNITY DEVELOPMENT DEPARTMENT
RECEIVABLES FOR UNPAID CODE ENFORCEMENT FINES FOR MAY 1, 2023 - APRIL 30, 2024 Case No Site Address Site APN Owner Name Address1 Owner City Owner
State
Owner Zip Propety Status
Special
Assessment
26 CE23-000358 500 BARRETT AVE 538-080-001-0 KNOX LEATRICE 4741 CYPRESS AVE RICHMOND CA 94804 Vacant Lot 3,701.40 27 CE23-000387 450 5TH ST 538-080-025-9 GARCIA TIMOTEO R 4496 CLEAR CREEK CT CONCORD CA 94521 Vacant Lot 11,141.00 28 CE23-000393 601 HARBOUR WAY 534-181-024-9 BENITEZ NOEL 2921 BONDS LN RICHMOND CA 94804 Vacant Lot 4,727.20 29 CE23-000418 3721 BISSELL AVE #3725 517-330-017-8 JEFFERSON MARITZA 1162 REGATTA PT HERCULES CA 94547 Rental 15,491.50 30 CE23-000439 541 29TH ST 515-110-003-8 CARIGLIO SHIRLEY J TRE 541 29TH ST RICHMOND CA 94804 Owner Occupied 3,224.30 31 CE23-000522 4839 STATE CT 513-224-011-9 QIN XU DE / LI CUIPING 147 HAROLD AVE FL 2 SAN FRANCISCO CA 94112 Vacant Lot 3,224.30 32 CE23-000543 108 BARRETT AVE 538-041-002-6 XIE LOUIS RUIYI 709 MIDCREST WAY EL CERRITO CA 94530 Rental 5,208.70 33 CE23-000546 3301 FLORIDA AVE 513-047-001-5 ALWAJEEH ZAKARIA 3857 ROLLINGWOOD DR FAIRFIELD CA 94534 Vacant Lot 6,956.60 34 CE23-000566 724 CHESLEY AVE 561-251-013-0 MAYS SYE E TRE 2301 STONEPATH WAY PFLUGERVILLE TX 78660 Vacant Lot 8,908.80 35 CE23-000577 600 S 31ST ST 549-204-002-6 Silva Johnny Da / Morales Maria C 1433 DWIGHT WAY #APT F BERKELEY CA 94702 Vacant Lot 4,442.00 36 CE23-000588 5212 CREELY AVE 509-260-011-2 BATTISTE HUEY P & GLORIA L 5212 CREELY AVE RICHMOND CA 94804 Owner Occupied 4,049.30 37 CE23-000592 216 DUBOCE AVE 561-162-001-3 CROCKETT CAROLYN 216 DUBOCE AVE RICHMOND CA 94801 Owner Occupied 4,059.20 38 CE23-000596 251 17TH ST 540-160-007-6 HAMON MATTIE M 251 17TH ST RICHMOND CA 94801 Owner Occupied 8,807.97 39 CE23-000599 3804 DON WAY 408-054-027-3 VEAL DARRELL A 9532 EMERALD PARK DR #APT 3 ELK GROVE CA 95624 Vacant Lot 3,617.00 40 CE23-000663 3228 BARRETT AVE 516-130-001-6 TENG ERIC W 3228 BARRETT AVE RICHMOND CA 94804 Owner Occupied 3,234.20 41 CE23-000683 CENTER AVE 513-024-008-7 DONINELLI MICHAEL J TRE 1400 POTRERO AVE RICHMOND CA 94804 Vacant Lot 8,076.40 42 CE23-000688 1421 COALINGA AVE 530-260-018-3 GUTIERREZ ANA T 1421 COALINGA AVE RICHMOND CA 94801 Vacant Lot 3,784.20 43 CE23-000699 DORNAN DR 560-420-010-4 TERMINAL ONE DEVELOPMENT LLC 1981 N BROADWAY WALNUT CREEK CA 94596 Vacant Lot 3,617.00 44 CE23-000703 4500 MACDONALD AVE 517-280-015-2 BOULDER BRIDGE III DEV CORP PO BOX 9456 MINNEAPOLIS MN 55440 Business 3,234.20 45 CE23-000748 673 40TH ST 518-080-007-9 SADOUSKY COLLEEN L 673 40TH ST RICHMOND CA 94805 Owner Occupied 3,234.20 46 CE23-000754 330 DUBOCE AVE 561-192-003-3 MAYOLO MENDIETA / LEODEGARIO MENDIETA 1764 COOLEY CT SAN JOSE CA 95116 Vacant Lot 5,601.40 47 CE23-000758 GERTRUDE AVE 561-181-024-2 COMMUNITY FIRST DEV FUND VIII 1564 FITZGERALD DR #322 PINOLE CA 94564 Vacant Lot 3,509.20 48 CE23-000823 217 S 39TH ST #223 513-061-017-2 ROYTMAN LAURA 2934 HILLTOP MALL RD 126 SAN PABLO CA 94806 Rental 4,059.20 49 CE23-000847 232 23RD ST 515-282-012-1 BERMUDEZ IGNACIO & ROSA 232 23RD ST RICHMOND CA 94804 Business 4,442.00 50 CE23-000946 5335 SIERRA AVE 519-050-013-1 MELENDEZ JULIUS 5335 SIERRA AVE RICHMOND CA 94805 Owner Occupied 4,442.00

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EXHIBIT B

COMMUNITY DEVELOPMENT DEPARTMENT
RECEIVABLES FOR UNPAID CODE ENFORCEMENT FINES FOR MAY 1, 2023 - APRIL 30, 2024 Case No Site Address Site APN Owner Name Address1 Owner City Owner
State
Owner Zip Propety Status
Special
Assessment
51 CE23-000955 244 HARBOUR WAY 540-460-005-7 SILVERT MARK ALLEN TRE Silvert Charlotte Cherna Tre 1999 SERENO DR VALLEJO CA 94589 Vacant Lot 6,426.40 52 CE23-001004 1532 HELLINGS AVE 530-250-005-2 CASTILLO MIGUEL L 1532 HELLINGS AVE RICHMOND CA 94801 Owner Occupied 3,784.20 53 CE23-001007 S 28TH ST 549-201-018-5 GUMBS CHANDLER 4291 SILVER MEADOW CT DANVILLE CA 94506 Vacant Lot 8,267.00 54 CE23-001046 3121 NEVIN AVE 516-140-010-5 SASE CRAIG A & JANICE A TRE 3121 NEVIN AVE RICHMOND CA 94804 Owner Occupied 3,209.20 55 CE23-001077 646 36TH ST 518-300-028-9 MCNEAL WILLIE JR TRE 646 36TH ST RICHMOND CA 94805 Owner Occupied 3,234.20 56 CE24-000003 422 MARINA WAY S 544-232-016-3 AYROSO ELISA B 422 MARINA WAY S RICHMOND CA 94804 Rental 4,442.00 57 CE24-000022 710 25TH ST 528-330-028-2 MORA SANTIAGO 710 25TH ST RICHMOND CA 94804 Owner Occupied 3,013.10 58 CE24-000028 120 BROADWAY 515-332-013-9 SILVERT MARK ALLEN TRE 1999 SERENO DR VALLEJO CA 94589 Business 4,661.20 59 CE24-000065 2345 EMERIC AVE 527-022-016-2 LOPEZ ERACLIO & YOLANDA 4952 KUSHNER WAY ANTIOCH CA 94531 Rental 3,951.40 60 CE24-000091 3017 COLETTE DR 414-231-005-3 NEGRETE VERONICA 3017 COLETTE DR RICHMOND CA 94806 Owner Occupied 3,444.00 61 CE24-000104 613 THOMAS DR 408-022-011-6 ROBINSON WALTON VELMA EST OF 1536 96TH AVE OAKLAND CA 94603 Vacant Lot 3,944.00 62 CE24-000116 613 THOMAS DR 408-022-011-6 ROBINSON WALTON VELMA EST OF 1536 96TH AVE OAKLAND CA 94603 Vacant Lot 3,292.00 63 CE24-000117 251 17TH ST 540-160-007-6 HAMON MATTIE M 251 17TH ST RICHMOND CA 94801 Owner Occupied 3,944.00 64 CE24-000218 896 CARLSON BLVD 509-390-009-9 GIBSON DERRICK 896 CARLSON BLVD RICHMOND CA 94804 Rental 3,944.00 65 CE24-000251 5018 BARRETT AVE #5022 519-280-003-4 SALDANA EDGAR 6524 BARRETT AVE EL CERRITO CA 94530 Rental 3,694.00 66 CE24-000276 1524 PENNSYLVANIA AVE 514-310-004-7 WU LI QIN 1524 PENNSYLVANIA AVE RICHMOND CA 94801 Rental 3,194.00 67 CEVP23-000005 628 2ND ST 534-221-018-3 PITRE PATRICIA TRE 4330 SANTA RITA RD EL SOBRANTE CA 94803 Vacant Lot 5,458.60 68 CEVP23-000007 687 9TH ST 534-132-012-4 FERGUSON LANDON T & GLADYS M 687 9TH ST RICHMOND CA 94801 Owner Occupied 11,164.60 69 CEVP23-000021 521 S 21ST ST 544-292-012-9 MERCADO MAURILIO JR 2643 APPIAN WAY PINOLE CA 94564 Vacant Lot 3,992.00 70 CEVP23-000024 620 2ND ST 534-221-016-7 PITRE PATRICIA TRE 4330 SANTA RITA RD EL SOBRANTE CA 94803 Vacant Lot 14,431.10 71 CEVP23-000027 4713 CUTTING BLVD 513-316-026-6 LOK JENNY 802 ELM ST EL CERRITO CA 94530 Vacant Lot 12,849.30 72 CEVP23-000029 3301 BARRETT AVE 516-050-025-1 OCHOA-ZARAGOZA MANUEL 3301 BARRETT AVE RICHMOND CA 94805 Vacant Lot 7,192.00 73 CEVP23-000037 2946 GOMER DR 414-022-007-2 ANDREWS HELEN M TRE 2946 GOMER DR RICHMOND CA 94806 Vacant Lot 12,711.80 74 CEVP23-000038 648 2ND ST 534-221-021-7 BLOUNT ALVIN & PEARL 3322 SADDLE DR HAYWARD CA 94541 Vacant Lot 10,343.69 75 CEVP23-000044 3916 JENKINS WAY 408-043-002-0 HALES SYLVANIA PO BOX 6884 SAN PABLO CA 94806 Vacant Lot 4,167.00

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EXHIBIT B

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Page 1 of 4 ends

December 3, 2024
Public Works
DATE: December 3, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Robert Armijo, PE, Deputy Director of Public Works / City Engineer
Dave Aleshire, City Attorney
Kimberly Chin, Senior Assistant City Attorney
Subject: Appeal of Encroachment Permit (#EN23-00843) Denial for Up & Under Pub & Grill BBQ Smoker
FINANCIAL IMPACT: There are no direct financial impacts to the City. The applicant has paid all required fees for the permit
application and appeal process. Additional City staff time may be required to finalize a resolution, and any future compliance agreement may involve additional permitting
or inspection fees, which could result in further costs to the Applicant.

PREVIOUS COUNCIL
ACTION:

September 24, 2024

STATEMENT OF THE
ISSUE:

Nathan Trivers, owner of the Up & Under Pub & Grill,
appealed the City Engineer's denial of encroachment
permit application #EN23-00843 to place a BBQ smoker
on the public sidewalk at 2 West Richmond Avenue. After the City Council voted to continue the item to allow for an agreeable plan to be brought forth, City staff received a proposal from Applicant, which includes entering into a compliance agreement. City staff seeks City Council
guidance on the proposal and compliance agreement
and recommends continuing the matter to February 4,
2025, to finalize a resolution.

AGENDA
REPORT
1369

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December 3, 2024
RECOMMENDED ACTION: RECEIVE AND APPROVE an update on the appeal of an encroachment permit application #EN23-00843 for the
Up & Under Pub & Grill, PROVIDE guidance on the
Applicant’s proposal and the draft Compliance
Agreement, and CONTINUE this item to February 4,
2025 for presentation of the final Compliance Agreement. – Public Works (Robert Armijo 510-620-5477) / City
Attorney’s Office (Dave Aleshire 510-620-3509) PUBLIC
HEARING IS CLOSED; COUNCIL DELIBERATION
ONLY. Update on the Appeal of Encroachment Permit
Application #EN23-00843 for the Up & Under Pub & Grill
DISCUSSION:

On September 24, 2024, the Richmond City Council considered an appeal filed by Nathan Trivers, owner of the Up & Under Pub & Grill, (“Applicant”) regarding the denial of encroachment permit application #EN23-00843. The application sought approval to place a BBQ smoker/grill on the public sidewalk/roadway adjacent to the business at 2 West Richmond Avenue. After conducting and concluding a public hearing, the City Council voted to continue the item to December 3, 2024, to allow for an agreeable plan to be brought forth to address all issues that were presented by the City, including issues with the parklet. If no agreeable plan was brought forth, the BBQ smoker/grill would be removed.

The denial of the encroachment permit was based on multiple factors, including but not limited to fire safety concerns under the California Fire Code, non-compliance with numerous Richmond Municipal Code provisions, and complaints from community members. City staff further raised issues regarding the management of public right-ofway, air quality compliance under Bay Area Air Quality Management District regulations, and proximity to combustible materials. The denial was intended to safeguard public safety and minimize liability to the City.

Since the September 2024 meeting, City staff sent letters to Mr. Trivers on October 7, 2024 and October 29, 2024, which reiterated the City Council’s action, clarified the issues to be resolved, and outlined suggested corrective actions. The issues to be addressed included: (1) the BBQ grill/smoker, (2) the parklet located on W. Richmond Avenue, (3) the outdoor dining area currently located across Railroad Avenue, near the railroad tracks, and (4) the outdoor dining area immediately adjacent to the building on the sidewalk along Railroad Avenue. (Exhibit 1 – City Letter dated and sent on October 7, 2024; Exhibit 2 – City Letter dated and sent on October 29, 2024.) 1370

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December 3, 2024
In response, Daniel Butt, attorney for Mr. Trivers, sent two letters on November 19, 2024, proposing potential resolutions. The proposal included:

1. Moving the BBQ smoker/grill onto private property to a location that can mitigate any concerns of the Fire Department

2. Retaining a Certified Access Specialist to inspect the parklet and provide an accessibility report and complete all recommended work to ensure compliance with the Americans with Disabilities Act.

3. Entering into a compliance agreement with the City to maintain the parklet under terms to be negotiated.

Applicant, through his counsel, expressed a willingness to work in good faith to address the City’s concerns and resolve outstanding issues. (Exhibit 3 – Butt Letter dated October 7, 2024, but not received until November 19, 2024; Exhibit 4 – Butt Letter dated and received on November 19, 2024.)
In response to Applicant’s proposal, on November 21, 2024, the City prepared and sent to Applicant and his counsel a draft Compliance Agreement relating to the BBQ smoker/grill and the parklet. The Compliance Agreement expressly reserves the City’s enforcement rights against the outdoor dining area currently located across Railroad Avenue (near the railroad tracks), the outdoor dining area immediately adjacent to the building on the sidewalk along Railroad Avenue, and any future violations. (Exhibit 5 – Draft Compliance Agreement.)
City staff is requesting that the City Council move to receive and accept this update and provide guidance on the Applicant’s proposal and the draft Compliance Agreement.

Given the complexity of the issues and the need for further coordination with Mr.

Trivers, City staff further recommends that the City Council continue this item to the February 4, 2025, City Council meeting to allow City staff and the Applicant to finalize a Compliance Agreement that complies with applicable local, state, and federal laws and regulations while also addressing Applicant’s operational needs. Should a Compliance Agreement not be finalized by the time the agenda for the February 4, 2025, meeting is published, City Council should uphold the denial of Applicant’s encroachment permit application and direct City staff to proceed with enforcement action relating to the parklet, the outdoor dining areas, and any future violations at the property.

DOCUMENTS ATTACHED:

Exhibit 1 – City Letter dated and sent on October 7, 2024 Exhibit 2 – City Letter dated and sent on October 29, 2024 Exhibit 3 – Butt Letter dated October 7, 2024, but not received until November 19, 2024 1371

Page 4 of 4 ends

December 3, 2024
Exhibit 4 – Butt Letter dated and received on November 19, 2024 Exhibit 5 – Draft Compliance Agreement
1372
EXHIBIT 1
1373
450 Civic Center Plaza, Richmond, CA 94804-1630
Telephone: (510) 620-6509 Fax: (510) 620-6518 www.ci.richmond.ca.us DocID #28715v1
CITY ATTORNEY’S OFFICE

DAVE ALESHIRE
City Attorney
October 7, 2024

VIA EMAIL ONLY
Nathan Trivers
2 W. Richmond Avenue
Richmond, CA 94801
[email protected]
RE: Follow Up after Hearing on Denial of Encroachment Permit - EN24-00843 Dear Mr. Trivers,
Please accept this letter as follow up to the hearing held on September 24, 2024, regarding your appeal of the denial of application EN24-000843 which sought an encroachment permit to place a BBQ smoker/grill on the street or sidewalk adjacent to Up & Under Pub & Grill, located at 2 W. Richmond Avenue in Richmond, California. As you may recall, at the hearing, the City Council approved a motion to continue the hearing until December 3, 2024, to allow you to bring an agreeable plan to the City of Richmond (“City”) to address all issues that were presented to the City. The issues the City expects to be resolved include: (1) the BBQ grill/smoker, (2) the parklet located on W. Richmond Avenue, (3) the outdoor dining area currently located across Railroad Avenue, near the railroad tracks, and (4) the outdoor dining area immediately adjacent to the building on the sidewalk along Railroad Avenue. I understand that Dave Aleshire, of our office, has been in touch with your attorney, Daniel Butt, on or around October 3, 2024, and based on that conversation, we understand you are serious about finding a solution and have been working with your attorney about a potential plan. Mr. Aleshire’s conversation with Mr. Butt is the only conversation we are aware of as of the date of this letter.

City staff is available and ready to meet with you to evaluate any proposals you may have to address the issues identified above. To assist you, City staff will be sending letter(s) shortly to further outline the issues to be addressed, potential corrective actions, and staff contacts.

In the meantime, should you have any questions or concerns, please do not hesitate to contact Mr. Aleshire or me. We look forward to working with you.

Very Truly Yours,
Kimberly Y. Chin
Senior Assistant City Attorney
Cc: Daniel Butt (via e-mail only)
Dave Aleshire (via e-mail only)
Daniel Chavarria (via e-mail only)
Robert Armijo (via e-mail only)
1374
EXHIBIT 2
1375
450 Civic Center Plaza, Richmond, CA 94804-1630
Telephone: (510) 620-6509 Fax: (510) 620-6518 www.ci.richmond.ca.us DocID #30157v4
CITY ATTORNEY’S OFFICE

DAVE ALESHIRE
City Attorney
October 29, 2024

VIA EMAIL ONLY
Nathan Trivers
2 W. Richmond Avenue
Richmond, CA 94801
[email protected]
RE: Follow Up after Hearing on Denial of Encroachment Permit - EN24-00843 Dear Mr. Trivers,
Please accept this letter as follow up to the letter sent to you on October 7, 2024, as well as the hearing held on September 24, 2024, regarding your appeal of the denial of application EN24-000843 which sought an encroachment permit to place a BBQ smoker/grill on the street or sidewalk adjacent to Up & Under Pub & Grill, located at 2 W. Richmond Avenue in Richmond, California. We are not aware of any response to our October 7, 2024 letter. City staff has since met to discuss the issues the City Council expects to be resolved.

As you may recall, the compliance items identified for resolution include: (1) the BBQ grill/smoker, (2) the parklet located on W. Richmond Avenue, (3) the outdoor dining area currently located across Railroad Avenue, near the railroad tracks, and (4) the outdoor dining area immediately adjacent to the building on the sidewalk along Railroad Avenue.

For your consideration, please find, below, an outline of potential corrective actions for each of the identified issues as well as City staff contacts. The potential corrective actions are suggestions and are not inclusive or exclusive. The City welcomes your own proposed solutions and the opportunity to evaluate them.

1. BBQ GRILL/SMOKER
Suggested Corrective Action for Your Consideration:

Remove the BBQ Grill/Smoker from the public right-of-way (street and sidewalk) to private property and work with appropriate regulatory entities to ensure placement on private property is compliant with relevant state and local laws and regulations. Appropriate regulatory entities may include agencies other than the City, including but not limited to Bay Area Air Quality Management District and the Contra Costa Environmental Health Division.

City Staff Contacts:
• Eric Munson, Deputy Fire Marshal: [email protected]; (510) 307-8144 • Avery Stark, Acting Planning Manager: [email protected]; (510) 620-6714 1376
2 DocID #30157v4

2. PARKLET LOCATED ON W. RICHMOND AVENUE
Suggested Corrective Action for Your Consideration:
(1) Submit an encroachment agreement application and parklet application consistent with Richmond Municipal Code sections 12.30.180 and 14.46.090 and the City’s prior correspondence(s) with you, including, in particular, the letter dated January 22, 2024.

These applications should reflect a plan to bring the parklet into compliance with the Americans with Disabilities Act.
(2) If the parklet is to be used as an additional outdoor dining area, obtain approval of an amendment of the existing Conditional Use Permit (PLN 08-044) to allow for the expansion.
(3) Alternatively, the City remains willing to consider entering into a compliance agreement, which was previously proposed.

City Staff Contacts:
• For the encroachment agreement and permit: Robert Armijo, Deputy Public Works Director/City Engineer: [email protected]; (510) 620-5477 • For the parklet application: LaShonda White, Deputy City Manager – Community Services: [email protected]; 510-620-6512 • For amending the conditional use permit: Avery Stark, Acting Planning Manager; [email protected]; (510) 620-6714

3. OUTDOOR DINING AREA LOCATED ACROSS RAILROAD AVENUE
Suggested Corrective Action for Your Consideration: Confirm in writing that Up and Under Pub & Grill is not using this area as part of its operations, including but not limited to, seating or offering the area to patrons/customers as seating and/or taking orders for and/or serving food and beverages (alcoholic and nonalcoholic) in the area.

City Staff Contacts:
• Robert Armijo, Deputy Public Works Director/City Engineer:
[email protected]; (510) 620-5477

4. OUTDOOR DINING AREA IMMEDIATELY ADJACENT TO THE BUILDING

ALONG RAILROAD AVENUE
Suggested Corrective Action for Your Consideration: Obtain an encroachment permit and renew annually as required by the terms of Conditional Use Permit Amendment (PLN 10-138) which modified Conditional Use Permit (PLN 08-044).

City Staff Contacts:
• For the encroachment permit: Robert Armijo, Deputy Public Works Director/City Engineer: [email protected]; (510) 620-5477 • For the conditional use permit: Avery Stark, Acting Planning Manager:
[email protected]; (510)-620-6714
1377
3 DocID #30157v4
As a reminder, the City Council continued the hearing on the denial of encroachment permit application EN24-000843 to December 3, 2024. We encourage you to bring your plan to City staff soon, so there is sufficient time to evaluate any proposals you may have well before December 3, 2024. We appreciate your cooperation and look forward to working together to resolve these matters.

Very Truly Yours,
Kimberly Y. Chin
Senior Assistant City Attorney
Cc: Daniel Butt (via e-mail only)
Dave Aleshire (via e-mail only)
Daniel Chavarria (via e-mail only)
Robert Armijo (via e-mail only)
Eric Munson (via e-mail only)
Avery Stark (via e-mail only)
LaShonda White (via e-mail only)
1378
EXHIBIT 3
1379

LAW OFFICE OF DANIEL BUTT
REAL ESTATE – BUSINESS - CONSTRUCTION
111 PARK PLACE, SUITE 204
RICHMOND, CA 94801
WWW.BUTTLAW.COM
TEL: (510)255-1094
FAX: (510)439-2710
October 8, 2024
Kimberly Chin
City of Richmond
450 Civic Center Plaza
Richmond, CA 94801
[email protected]
Re: Up & Under Smoker; EN24-00843
Dear Ms. Chin
I am in receipt of your October 7, 2024 letter to Mr. Trivers, and appreciate you reaching out to me to follow up. Please understand that Mr. Trivers is willing, available, and eager to meet with City staff to carry out the direction given by the City Council on September 24, 2024, to “work in good faith with the applicant” to resolve this matter.

That said, I was surprised to see two additional, and heretofore unmentioned issues in your letter now being brought into the fold: 1) the “outdoor dining area” near the railroad tracks; and 2) the outdoor dining area immediately adjacent to the building.

Because these are just now being raised by the City for the first time, I want to respond formally:

1. The Railroad “park” (known locally as “Covid Corner”) The area you have identified as the “outdoor dining area” along the railroad tracks is on City and railroad property. It was built by individuals during the Covid-19 lockdown. It was not built, maintained, nor is it owned or claimed by the Up & Under. If the City feels this area needs to be abated, it should take appropriate action.

RECEIVED
Date: ___11/19/24_________
BY: _____&$2K<C________
1380
Additionally, please be advised that the City’s ongoing claims – likely parroted from Mr. Rosenthal - that this is part of the Up & Under’s responsibility is false, continues to be false, and publicly repeating that falsehood has caused harm and is causing harm to Up & Under’s reputation and ability to garner community support. I ask that you retract and correct that position forthwith.

2. Up & Under’s Outdoor Dining
The Up & Under’s outdoor dining area was approved as a permanent encroachment in 2011, under encroachment permit 11-00661. The City has never, prior to your October 7, 2024 letter, called that encroachment and outdoor dining area into any doubt. I request that you review and provide to me for my review the record of the permit. The modifications, which were approved by the City, include a raised curb and permanent rails.

You should also be aware that similar abutting encroachments – but without an permit, as the Up & Under has – exist at many restaurants all over Richmond, including several others in the Point. I don’t think it is a problem of any kind, or worth spending City resources on, but it could become a big problem if the City decides to make it one.

The Applicant is eager to meet with City staff to resolve the smoker and parklet issue – is my understanding correct that the ball in currently in Staff’s court to outline the issues, or is the City waiting for the applicant to make a proposal? If not, who is staff contact for this? Please let me know, and I look forward to finding productive resolution of these matters.

Yours,
Daniel Butt
Attorney for Up & Under Pub and Grill Inc.
1381
EXHIBIT 4
1382

LAW OFFICE OF DANIEL BUTT
REAL ESTATE – BUSINESS - CONSTRUCTION
111 PARK PLACE, SUITE 204
RICHMOND, CA 94801
WWW.BUTTLAW.COM
TEL: (510)255-1094
FAX: (510)439-2710
November 19, 2024
Kimberly Chin
City of Richmond
450 Civic Center Plaza
Richmond, CA 94801
[email protected]
Re: Up & Under Smoker; EN24-00843
Dear Ms. Chin
I am following up on my October 8, 2024 response to your October 7, 2024 letter to Mr. Trivers. As set forth in that letter, please understand that Mr. Trivers is willing, available, and eager to meet with City staff to carry out the direction given by the City Council on September 24, 2024, to “work in good faith with the applicant” to resolve this matter.

With that in mind, and towards resolving these matters, Up & Under would like to make the following proposal for consideration and discussion:

1. Up & Under will arrange to move the smoker onto private property, and to a location that can mitigate any concerns of the Fire Department.

2. Up & Under will retain a CASp professional to inspect the parklet and provide an accessibility report. Up & Under will carry out the recommendations of the CASp to assure ADA compliance.

3. City will enter into a compliance agreement with Up & Under, allowing it to maintain the parklet, on terms to be determined.

RECEIVED
Date: ____11/19/24________
BY: __&$2K<C______
1383
The Applicant remains eager to meet with City staff to resolve this issue prior to December 3. Please let me know the next steps, and I look forward to finding productive resolution of these matters.

Yours,
Daniel Butt
Attorney for Up & Under Pub and Grill Inc.
1384
01337.0011/1034697.2 1 of 10

COMPLIANCE AGREEMENT
This COMPLIANCE AGREEMENT (“Agreement”) is entered into by and between Nathan Trivers (“Tenant”), Keeping It Going LLC (“Owner”), and the City of Richmond (“City”).

Tenant, Owner, and City are sometimes referred to in this Agreement individually as “Party” and collectively as “Parties.” The Effective Date of this Agreement is the date the last Party signs this Agreement.

I. PURPOSE
The purpose of this Agreement is to resolve long standing disputes where the City believes Tenant has been out of compliance with various City Ordinances and Tenant disputes the City processes which have been followed. The Parties intend to resolve the disputes establishing actions to be taken and specific timeframes. The Partis shall undertake performance of this Agreement in good faith.

II. RECITALS
This Agreement is made with reference to the following facts:

Facts Related to the Parklet

1. Title to the property is vested in Keeping It Going LLC. The property is located at 2 West Richmond Avenue, Richmond, California 94801-3991, Assessor’s Parcel Number 558-122-020 (“Subject Property”). Tenant operates Up & Under Pub & Grill (“Up & Under”) at the Subject Property.

2. On or about August 6, 2020, Tenant submitted a parklet application to the City of Richmond seeking to establish a parklet as defined in Richmond Municipal Code (“RMC”) sections 14.46.005 and 12.30.020.

3. On or about November 5, 2020, the City issued Encroachment Permit No. EN20- 00883 (“2020 Encroachment Permit”) for the parklet at the Subject Property.

However, on or about December 31, 2021, the 2020 Encroachment Permit expired.

4. On or about July 29, 2022, the City issued a Notice of Violation and Demand to Abate based on the expired encroachment permit (“Parklet NOV 1”). The corrective action was for the parklet to be removed. On or about May 8, 2023, the City issued a second Notice of Violation and Demand to Abate based on the expired encroachment permit (“Parklet NOV 2”). The corrective action was for the parklet to be removed.

5. In August 2023, Tenant submitted a parklet application. The City deemed this parklet application incomplete. On or about September 19, 2023, the City issued a Final Notice of Violation and Demand to Abate which affirmed the violations in NOV 2 and ordered the parklet removed by October 19, 2023 (“Parklet NOV 3”).

In November 2023, the City reiterated Tenant’s parklet application remained 1385
01337.0011/1034697.2 2 of 10
incomplete and provided notice that the City would remove the parklet on or after December 10, 2023, and asked Trivers to voluntarily remove the parklet and/or submit a complete parklet application.

6. In December 2023, counsel for Tenant requested the City re-review Tenant’s parklet application submitted in August 2023. The City re-reviewed Tenant’s August 2023 parklet application and found it incomplete. On or about January 22, 2024, the City sent Tenant a letter outlining the deficiencies and requested a full and complete parklet application by February 5, 2024. Tenant did not submit a full and complete parklet application by February 5, 2024.

Facts Related to the Grill

7. On February 7, 2023, the City conducted an inspection of the Subject Property and observed a grill being stored on the city street.

8. On or about February 9, 2023, the City issued a Notice of Violation and Demand to Abate to Owner and Tenant (“Grill NOV”). The Grill NOV stated the grill was being stored on the city street in violation of RMC section 12.28.040 which prohibits placing “any material, machinery or apparatus for building, paving or other purposes” “on any street, sidewalk or public place in the city of Richmond” “for over twenty-four hours without a permit.” The Grill NOV directed the grill be stored “on the property and not on the city street, sidewalk, or any other public space.”

9. On February 28, 2023, the City conducted a compliance inspection and found the grill remained stored on the city street. On or about March 3, 2023, the City issued an Administrative Citation to Owner and Tenant. It included a $250 fine for failing to remove the grill that was being stored on the city street.

10. Tenant appealed the Administrative Citation, and a hearing was held on April 4, 2023. The Administrative Citation was upheld on appeal in a written decision issued on April 12, 2023. Tenant appealed the written decision, and a hearing was held on May 26, 2023. The written decision was upheld in a written decision issued on June 8, 2023.

11. On or about October 12, 2023, the Tenant submitted an encroachment permit application #EN23-00843 seeking approval to place a BBQ smoker on the public sidewalk/street adjacent to Up & Under at 2 West Richmond Avenue.

12. On July 31, 2024, after completing a careful review with other City departments, the City Engineer in the Public Works Department denied the permit in writing, citing several regulatory and safety concerns.

13. The Tenant appealed the denial of the encroachment permit application. On September 12, 2024, the City Clerk mailed, via overnight mail, a letter to the Applicant advising that the hearing of his appeal had been scheduled for the September 24, 2024 City Council meeting and included a copy of the Notice of Hearing. The Notice of Hearing was also published in the West County Times on Saturday, September 14, 2024.
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01337.0011/1034697.2 3 of 10

14. The appeal hearing was held on September 24, 2024 at a regularly scheduled City Council meeting. The City Council voted to continue the item for some 60 days until December 3, 2024 to allow for an agreeable plan to the brought forth to address all issues that were presented by the City, including issues with the parklet. If no agreeable plan was brought forth, the grill would be removed.

Additional Facts

15. On October 7, 2024, the City sent a letter to Tenant in follow up to the hearing held on September 24, 2024 and an internal meeting of staff to develop a work-out plan over two months. In that letter, the City clarified the issues to be resolved, some immediate and some in the future including (1) the BBQ grill/smoker, (2) the parklet located on W. Richmond Avenue, (3) the outdoor dining area currently located across Railroad Avenue, near the railroad tracks, and (4) the outdoor dining area immediately adjacent to the building on the sidewalk along Railroad Avenue.

The City followed up with another letter on October 29, 2024.

16. In the letter dated November 19, 2024, counsel for Tenant agreed to: (1) move the grill/smoker onto private property, (2) retain a Certified Access Specialist to inspect the parklet and provide an accessibility and make any improvements to ensure the Parklet is accessible under the Americans with Disabilities Act, and (3) enter into a compliance agreement with the City to allow Tenant to maintain the parklet.

17. Owner and Tenant intend and desire to bring the parklet and the grill at the Subject Property into full compliance with the RMC and all other applicable State and local laws. Given the agreement to undertake the actions above, through this Agreement a timeline can be developed for implementation of this plan. Accordingly, despite the expiration of the compliance deadlines in the Parklet NOV 1, Parklet NOV 2, Parklet NOV 3, and Grill NOV, the City agrees, subject to the terms of this Agreement, to suspend enforcement so long as the Agreement is operative.

III. AGREEMENT
In consideration of an in return for the promises, covenants, and agreements made herein by the Parties, sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Recitals. The Parties acknowledge and agree that all the statements in the Recitals are true and correct to the best of their knowledge. The Recitals are hereby incorporated into and made a part of this Agreement to the same extent and the same effect as if fully set forth herein.

2. Violations. Tenant and Owner acknowledge the existence of the violations on the Subject Property, and the public nuisances and substantial danger that those violations present to any occupants of the Subject Property, residents including neighbors, and the public.

3. Nuisance. Tenant and Owner acknowledge the existence of the violations on the Subject Property and that such violations are a public nuisance and pose a substantial danger to 1387
01337.0011/1034697.2 4 of 10
the health and safety of the residents and the public. These violations make the Subject Property a nuisance, being injurious to health, indecent and offensive to the senses, and an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life and property. The violations also make the Subject Property a public nuisance since they affect at the same time the entire community, the neighborhood, and a considerable number of persons.

4. Compliance Schedule. Tenant and Owner agree to bring the grill and parklet at the Subject Property into full compliance with all laws, including but not limited to, the RMC and all and other applicable law and regulations pursuant to the following schedule (“Compliance Schedule”):
(a) The Grill.
(1) Tenant will immediately cease use of the grill at the current location on the Effective Date of this Agreement. Tenant will permanently remove the grill from the public right-of-way, including but not limited to the sidewalk, street, roadway, curb, and/or gutter within seven (7) calendar days of the Effective Date of this Agreement. (2) Should the Tenant move the grill to private property, Tenant will ensure the grill’s placement on private property is compliant with relevant state and local laws and regulations, including but not limited to City’s Building, Planning, and Fire Departments and any other appropriate regulatory entities, including but not limited to Bay Area Air Quality Management District and the Contra Costa Environmental Health Division. Failure to comply with this provision will be considered a breach of this Agreement. (b) The Parklet.
(1) Certified Access Specialist (CASp) Inspection and Report. Within forty-five (45) calendar days of the Effective Date of this Agreement, Tenant must retain a CASp Inspector and have the CASp Inspector complete an inspection of the parklet and provide an accessibility report. The CASp Inspector’s accessibility report should be included with the application as set forth in Section III(4)(b)(ii), below.
(2) Permits and Other Required Approvals. Tenant and Owner must submit complete applications, plans or other requirements documents for all approvals, permits, or other submissions to ____________________ to bring the parklet at the Subject Property into full legal compliance within seventy-five (75) calendar days of the Effective Date of this Agreement.
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01337.0011/1034697.2 5 of 10
(a) A “complete application” consists of:
i. A complete and signed parklet application form
attached hereto as EXHIBIT A;
ii. A parklet application fee;
iii. A list of parklet requirements attached as EXHIBIT B;
iv. A letter of support from the Neighborhood Council;
v. A letter of support from each adjacent property
owner;
vi. A complete and signed encroachment permit
application form attached hereto as EXHIBIT C;
vii. An encroachment permit application fee; and
viii. Construction schedule, if the application identifies additional work to the existing parklet.
(b) The City will complete its review of the application submitted by Tenant and Owner within thirty (30) calendar days of its submission to the City.
(3) Resubmittal. If any of the aforesaid applications, plans, or other requirements documents are returned, rejected, or otherwise not approve, then Tenant and Owner agree that any deficiencies in the submissions shall be corrected, and the applications, plans, or other required documents shall be properly re-submitted within seven (7) calendar days of notification of return, rejection, non-approval, and/or deficiencies by any means. The re-submitted applications must be final and complete.
(4) Commencement. If work is required to bring the parklet into full legal compliance, Tenant and Owner must begin all work on the Subject Property within seven (7) calendar days of the issuance of the approval, permit, or other legally required authorization. “Issuance” shall be deemed the date the City notifies the Tenant and/or Owner by any means that the permit or approval to begin work is approved. Neither Tenant, Owner, nor their agents shall perform any work, which requires a prior approval, until and unless such prior approval is issued by the City or applicable public agency. (5) Insurance. Tenant and/or Owner shall provide insurance certificates to the satisfaction of the City of Richmond’s Risk Manager within seven (7) calendar days of the issuance of the approval, permit, or other legally required authorization. The insurance coverage shall include, but not be limited to, comprehensive general liability, 1389
01337.0011/1034697.2 6 of 10
automobile liability, and workers' compensation insurance, as applicable. The City of Richmond shall be named as an additional insured on the comprehensive general liability and automobile liability policies. The insurance certificates must include the following coverage amounts:
(a) Comprehensive General Liability: $2,000,000 per
occurrence
(b) Automobile Liability: $1,000,000 per accident
(c) Workers' Compensation: Statutory limits
All insurance policies shall be endorsed to state that coverage shall not be suspended, voided, or canceled by either party, except after thirty (30) days prior written notice has been given to the City of Richmond.
(6) Completion Deadline. Tenant and Owner must take all necessary actions and must ensure that the Subject Property is adequately protected from further nuisance activities and that the grill and parklet at the Subject Property is in complete compliance with Parklet NOV 1, Parklet NOV 2, Parklet NOV 3, and Grill NOV, RMC, and all other applicable laws as confirmed by the City within one-hundred and eighty (180) calendars days of the Effective Date of this Agreement. Should Tenant and Owner meet the Compliance Deadline, the City will issue the appropriate permits or approvals for the parklet with conditions, with which Tenant and Owner will comply.

5. Contractors. Should work be required to comply with this Agreement, Tenant and Owner agree to utilize only State licensed contractors who are insured and bonded for the work on the Subject Property.

6. Maintenance. Tenant and Owner agree to maintain the grill and parklet on the Subject Property with all laws, thereafter, including the RMC, HSC, and all other applicable laws.

This includes, but is not limited to, obtaining the necessary permits for all construction and/or demolition, and ensuring that such construction and/or demolition is in compliance with all applicable laws.

7. Schedule. Tenant and Owner acknowledge and agree that the Compliance Schedule is mutually agreeable and a reasonable accommodation in light of any known or unknown disabilities or other constraints Tenant and/or Owner may have in bringing the Subject Property into compliance. Nevertheless, upon request by the Tenant and/or Owner, the City may grant, 1390
01337.0011/1034697.2 7 of 10
completely at its own discretion, an extension of time to the Compliance Schedule provided that the City determines substantial progress has been made towards compliance by the Tenant and/or Owner and a request is received before the subject Compliance Deadline. Additionally, the Project is entitled to extensions caused by force majeure provided Tenant must inform City of the commencement of the delay and City must approve the nature of the delay, but approval shall not be unreasonably denied.

8. Inspection. Tenant and Owner agree and consent to inspection of the Subject Property by City staff during the hours of 8 a.m. to 5 p.m., Monday through Friday, for purposes of confirming the condition of the Subject Property and/or compliance efforts, upon forty-eight (48) hour notice by the City, until full compliance is confirmed by the City.

9. Reimburse Costs. Tenant agrees to reimburse the City’s actual and reasonable costs, abatement costs, expenses, fees, attorneys’ fees, and pay any unpaid fines associated with its enforcement efforts to date (“Costs and Fees”), in the amount not exceeding $________. These Costs and Fees are due to the City as provided by law. Tenant agrees to reimburse the City that amount in full within thirty (30) calendar days of the date of the written request therefor.

Reimbursement of the City’s costs and fees shall be made payable to the “City of Richmond” and sent to the City of Richmond, City Attorney’s Office, at 450 Civic Center Plaza, Richmond, California 94804.

10. Lien. In the event that full reimbursement to the City is not made, as provided herein, Tenant and Owner agree the City may recover these unpaid amounts, as well as any additional fees and costs incurred by the City relating to its enforcement efforts on the Subject Property and related to Tenant and/or Owner’s non-compliance with this Compliance Agreement or any terms contained therein, by any means authorized by law, including by a lien or special assessment on the Subject Property and/or reporting to the Franchise Tax Board, without further hearings or notice and/or appointment of a receiver to pay the remaining fees or costs, which receiver’s certificates shall be recorded as super-priority liens on the Subject Property. Tenant and Owner waive any rights of appeal or hearing regarding any such lien or special assessment.

11. Default. In the event Tenant and Owner fail to perform any obligation under this Agreement, the City shall be entitled to pursue any and all legal and, or equitable remedies available to it for purposes of enforcement of this Agreement, including, without limitation, to all 1391
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remedies available under the law, which includes, but is not limited to, injunctive relief, the appointment of a receiver or its equivalent to manage and maintain the Subject Property for purposes of bringing the same within compliance as contemplated by this Agreement at the expense of Owner, and the assessment of civil penalties or fines. Furthermore, Tenant and/or Owner shall be responsible for all reasonable future costs, fees, and expenses, including all inspection costs, enforcement costs, abatement costs, litigation expenses, attorneys’ fees and costs, administrative citation fines, and administrative expenses, incurred by the City in inspecting, enforcing, and abating all unlawful conditions on the Subject Property, if any there may be, to the extent authorized by law.

12. Railroad Avenue. The City in its letter dated October 7, 2024 raised two issues, (i) the Railroad Avenue property and (ii) the open dining seating area which Tenant addressed in his letter of November 19, 2024. Tenant states that he has no interest in the Railroad Avenue site and City may address any way they choose. With respect to the dining area the City reserves the right to continue its enforcement efforts as to this area, in addition to any future violations at the Subject Property as set forth in Section III(13) below.

13. Release. Tenant and Owner on behalf of themselves and any successors, know and/or potential heirs, and assignees, hereby release the City, its agents, employees, attorneys, elected officials, appointed officials and representatives, from any and all existing and future actions, causes of action, losses, claims, demands, damages, costs, loss of use, loss of revenue, expenses, compensation and other forms of damages arising from or relating to the code enforcement efforts relating to the Subject Property, including those which they do not know at the time of executing this Agreement which, if known by them, might have materially affected this Agreement. However, this release provision does not extinguish, release, or discharge any of the obligations and rights set forth and encompassed in this Agreement. The City expressly reserves its right to take enforcement action relating to violations on the Subject Property, relating to cost recovery and other rights of the City.

14. Advice of Counsel. The Parties represent that they have had the opportunity, whether or not they have chosen to do so, to discuss this Agreement with legal counsel.

15. Entire Agreement. This Agreement is the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and 1392
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written agreements and discussions. This Agreement may be amended only by an agreement in writing signed by all Parties, except that a change in contact information may be made simply by sending written notice to the other party.

16. Waivers. A waiver of any provision of this Agreement must be in writing. Failure to insist upon strict performance of any provision, right, duty, or obligation in this Agreement is not a waiver of the right to future enforcement of that provision, right, duty, or obligation, nor any other provision, right, duty, or obligation.

17. Severability. Each provision of this Agreement is separate, distinct, and severable from the others. If any provision is held unenforceable, the rest of the Agreement shall be enforced to the greatest extent possible.

18. Governing Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of California.

19. Choice of Forum and Applicable Law. This Agreement is intended to be construed pursuant to the laws of the State of California, without regard to its choice of law provisions, and each of the undersigned Parties agrees that the only proper venue for any action arising out of the breach of this Agreement shall be the Superior Court of California for the County of Contra Costa.

20. Ability to Perform. Each Party represents and warrants to the other Party that it has the ability to carry out the obligations assumed and promised hereunder, is correctly named, and is not presently aware of any pending event which would or could hamper, hinder, delay, or prevent its timely performance of said obligations.

21. Successors and Assigns. This Agreement and all terms, conditions and obligations contained herein are binding upon and inure to the benefit of any assigns, heirs, devisees, and/or successors-in-interest of the Parties, and each of them. Each of the Parties represents and warrants that as of the Effective Date none of the claims or causes of action being released herein have been transferred, assigned, or otherwise conveyed to any other person or entity, and each of the Parties is the holder of the claims being released.

22. Counterparts/Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which shall be deemed one and the same instrument. Signatures to this Agreement may be transmitted electronically and/or by facsimile, and that such electronic 1393
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and/or facsimile signatures shall have the same force and effect as an original. By signing below, the parties acknowledge that they have read, understood, and agree to all of the terms of this Agreement.

23. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

Dated: _________________________ KEEP IT GOING LLC
By: _________________________________
Name:

Title:

Dated: _________________________ NATHAN TRIVERS
____________________________________

NATHAN TRIVERS
Tenant and Owner of Up & Under

CITY OF RICHMOND
By: __________________________________
_
Approved as to Form:

David J. Aleshire
City Attorney
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01337.0011/1034697.2 A-1

EXHIBIT A

APPLICATION ATTACHED
1395
01337.0011/1034697.2 B-1

EXHIBIT B

PARKLET REQUIREMENTS

1. A site map or map(s), to scale, showing the location and dimensions of the parklet and other objects in the immediate area (same block). The site map shall include and/or demonstrate:
(a) The street number addresses of nearby buildings;
(b) The direction of traffic;
(c) The presence and location of: vacant lots or buildings, driveways, fire hydrants, manholes, storm water inlets, gutters, bike parking, utilities (including but not limited to tree grates, vault, covers, manholes, junction boxes, signs, lights, and poles), street furniture (including but not limited to bus shelters, honor boxes, and benches), and café seating. (d) The length of the applicant’s street frontage
(e) The parklet’s compliance with accessibility standards under the Americans with Disabilities Act, including the CASp accessibility report

2. At least two photographs from different angles along the sidewalk/street where the parklet is located as well as photographs of potential location-related conflicts, including but not limited to street utilities, street furniture, and/or intersections, as noted in the detail site map. 1396
01337.0011/1034697.2 C-1

EXHIBIT C

ENCROACHMENT PERMIT APPLICATION

DOCUMENTS ATTACHED
1397

Richmond City CouncilDecember 3, 2024

Richmond City Council
December 3, 2024