Richmond City Council
December 17, 2024

members of the legislative body are prohibited from discussing, deliberating about or developing a collective concurrence regarding any item that is within the legislative body’s jurisdiction except as part of a duly noticed public meeting. The purpose of these provisions is to ensure that local governing bodies deliberate in public.

The Brown Act also requires that the public be given notice of the time and place meetings are to be held. As a general rule, a legislative body may not act on or discuss any item that does not appear on the agenda posted for the meeting.

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Public Meetings and Public Hearings Notice Requirements The staff liaison will handle all noticing requirements including posting the agenda at City Hall and on the city’s website. The Brown Act does not apply to ad hoc committees.

• Regular meetings must be posted seventy-two (72) hours prior to the meeting time. • Special meetings must be posted twenty-four (24) hours prior to the meeting time. • Where a public hearing is mandated by law, it may vary and the form and timing of the advance notice is most often specified by the law (i.e., land use public hearings).

Public Access Requirement
All public meetings must be held in a wheelchair accessible location. Disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, may be requested by contacting the City Attorney’s Office Americans with Disabilities Act coordinator at (510) 620-6509 at least three business days before the meeting date.

Communication and Public Participation Requirement
The Brown Act protects the public’s right to attend and participate in meetings and requires that agendas for legislative bodies provide an opportunity for the public to address the body. Consult the city clerk for specific requirements and procedures for establishing public comment procedures and time limits for speakers. Boards, commissions, and committees can also conduct public hearings on specific subjects.

The Brown Act requires that an agenda allow for two types of public comment periods. The first is a general audience comment period (i.e., “Public Forum” or “Open Forum”), where the public can comment on any item of interest that is not on the agenda within the jurisdiction of the legislative body.

The second type of public comment period specifically pertains to items on the agenda.

Types of Meetings
Public Hearings
Public hearings are held when required by law or when the board, commission, or committee determines that such a hearing would be desirable. When a hearing is required by law, the procedure for that hearing may also be specified by that law. Most hearings and board, commission, and committee matters are quasi-legislative; the board, commission, or committee is making policy or programmatic recommendations to the City Council. Some hearings are quasi-judicial, such as hearings or permits before the Planning Commission, or Design Review Board. In such quasi-judicial proceedings, special rules may apply. Refer to the specific law or consult the City Attorney’s Office.

Study Sessions and Workshops
Study Sessions are designed to elicit community input and participation in an informal manner, allowing maximum interaction between citizens and board members, commissioners, or committee members to work on issues in an in-depth manner. Study sessions and workshops do not culminate in action at that meeting. Actions or recommendations should be taken at either the next regular meeting or at another publicly announced date and time. In both cases, the board, commission, or committee, when establishing the time and place for the study session or workshop, should determine the period of time available and establish the portion of time to be devoted to comments or presentations by the public.

Public access and communication access requirements must be met for all public hearings, study sessions, and workshops.

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Preparation for Meetings
• Be prepared. Thoroughly review the agenda packet, including agenda reports, and any other materials before the meeting. The issues that come before advisory bodies are important to the community as a whole and demand your undivided attention. In agreeing to serve on an advisory body, you make a commitment to put in the time required to be fully prepared for each meeting.
• Understand the recommended action you are being asked to take for each agenda item. • If you have questions regarding the agenda or an agenda report, contact your staff liaison before the meeting to clarify questions or request further information. • Know the responsibilities of your advisory body, as well as the limitations of your individual authority. As a member of an advisory body, you will among other things, be asked to provide recommendations to the City Council about specific issues. Keep in mind that your appointment does not empower you to supervise city staff. • Keep an open mind. An objective, balanced, and receptive approach will help you assess the facets of a given issue and evaluate new ideas. When receiving written and oral public testimony it will be necessary to discern between fact and opinion, as well as between those concerns which are relevant and those which are secondary to the issue at hand. Keeping an open mind will make it easier for you to understand all aspects of an issue before you make a judgment or take a position.
• Strive to appreciate differences in approach and point of view. Likewise, take care to articulate your own ideas; remember that your individual voice is a critical part of the whole dialogue.

Again, furthering common goals takes cooperation, flexibility, and a broad-based view of the public interest. If in doubt, return to the foundational documents to guide your understanding of the complexities of an issue.
• If you are unsure about something during the meeting, ask for clarification. On behalf of the public, your understanding of issues is important. Each advisory body has a staff liaison to provide information to assist the members throughout the decision-making process. • E-mail communications can ultimately lead to the exchange of information intended to create collective concurrence among a quorum of advisory body members in violation of the Ralph M.

Brown Act. Therefore, e-mail communications between advisory body members relative to advisory body business should be avoided. While less than a quorum, for example, may appropriately communicate with one another by way of e- mail, the “forwarding” of such an e- mail message on to an additional member could result in a Brown Act violation. • The applicant has the right to an efficient process. Unreasonable delay or lack of action is unacceptable. If necessary, make an alternate or additional recommendation that may help to move the item along.

Conduct of Hearing
The procedure to be followed for a public hearing may vary depending, again, on the subject matter and the time available for the hearing. In the instances where a board, commission, or committee acts in quasi-judicial fashion, certain standards of receiving testimony must be met. These would include, but not necessarily be limited to:

• Announcement or reading of the subject into the record by the secretary. • An overview of the subject and recommendation by the chairperson, board member, commissioner, committee member or staff requesting the public hearing. • Public comment from affected parties or interested citizens and receipt of any pertinent 398

documentation.

The hearing shall be formally declared open by the chairperson prior to public comment and formally closed by the chairperson at the conclusion of public comment. If findings are required as a part of the board, commission, or committee action, such findings should be clearly stated for the record. If a board member, commissioner, or committee member must abstain or recuse oneself from participation due to a potential conflict of interest, or has a disclosure of interest which does not prevent participation, a statement shall be given at the commencement of the hearing.

Action
Any action resulting from the hearing shall be clearly stated in the form of a motion, properly seconded and voted upon. The record should in such cases identify those voting "aye", those voting "no", those abstaining, and those absent.

Action must be by an affirmative vote of at least a quorum of the board, commission, or committee.

Under State law, action is prohibited on any matters which have not been properly noticed.

If no action is to be taken the chairperson should announce this fact, and, if possible, advise the public of the date when action may be expected.

Recordings of Hearings
All hearings should be audio recorded (whenever possible) in addition to the required written set of summary and action minutes that must be provided for every meeting. The minutes once approved by the board, commission, or committee, shall constitute the legal record. Audio recordings of public hearings of quasi-judicial boards, commissions or committees where the minutes have been approved, shall be retained by the staff liaison for at least one year following the decision of the board, commission, or committee or following the final decision of the City Council.

Hearing from the Public
At public meetings, boards, commissions, and committees have the responsibility to hear all viewpoints of the public. In order to ensure all parties are adequately heard, it is necessary to follow the rules of procedures which are often established by the bylaws of the boards, commissions and committees.

These rules most commonly include:

• Limiting the time of speakers.
• Establishing strict rules regarding rebuttal, if it is decided that rebuttal is permitted. • Requesting board, commission, and committee members to hold questions and comments to the end of the public presentation portion of the hearing.

Impartiality and Standards of "Fair Play"
Boards, commissions, and committees shall be aware of the need to maintain basic standards of fair play and impartiality. This awareness must also speak to the need to avoid the appearance of bias. The chairperson has the primary responsibility to ensure that the varying points of view are heard, that the hearing or workshop proceeds in a timely manner, and that the options for future action by the board, commission or committee are clearly stated. Awareness of the varying interests within the Richmond community is essential, and the City Council depends on its boards, commissions, and committees to provide thoughtful advice based on the fullest possible study of the subject and contact with all relevant segments of the community to obtain their input.

No Quorum – Meeting Cancellation
When a quorum cannot be assembled at the time of a meeting, the meeting must be cancelled and 399

those members who are absent will have an absence counted against them. Those members that are present shall wait a maximum time limit of 20 minutes for a quorum prior to cancelling the meeting.

Board members, commissioners, and committee members should inform the staff liaison as far in advance as possible if they are unable to attend a meeting. If it is known in advance that a quorum will not be achieved, the staff liaison should notify all members that the meeting will be cancelled and no absences will be recorded. The staff liaison must also post a meeting cancellation notice for the public at the meeting location.

MEETING PROCEDURES
Establishment of Meeting Rules
Richmond boards, commissions, and committees follow Rosenberg’s Rules of Order for public meeting proceedings (Appendix F). Each board, commission, or committee may establish additional rules and limit debate. It is the responsibility of the chairperson to control public debate so that everyone has an opportunity to speak and to expedite the business at hand.

Rules of Debate
Chairperson
The chair may debate and may make or second motions. The chair is subject to the limitations of debate that are imposed on all members and shall not be deprived of any of the rights and privileges of a member.

Advisory Body Members
Every advisory body member desiring to speak shall address the chair. Upon recognition by the chair, the member shall confine comments to the question under debate, avoiding all undignified language and references to personalities and abiding by the following rules of civil debate. A member, once recognized, shall not be interrupted except according to rules of parliamentary procedure (e.g., for a point of order, parliamentary inquiry, question of privilege, or appeal of the chair’s procedural ruling).

Public meetings will proceed smoothly if all participants keep the following tenets in mind:

(1) We may disagree, but we will be respectful of one another.

(2) All comments will be directed to the issue at hand.

(3) Personal attacks shall be avoided. They are unacceptable and may result in termination from an appointed position.

Addressing the Advisory Body from the Floor
Securing Permission to Speak - Any person desiring to address the advisory body shall first secure permission from the chair. Any advisory body member may also request of the chair that a member of the public be recognized to speak. Remarks should be directed to the matter being considered.

Individuals addressing the advisory body are requested to give their name in an audible tone of voice for the record and fill out a speaker card if provided. They are not, however, required to provide their name or complete a speaker card. Any applicable time limit shall be as stated in the agenda, or as directed by the chair.

All remarks shall be addressed to the advisory body as a whole and not to any individual member or to members of the audience. Without the permission of the chair, only members and the person 400

addressing the advisory body shall be permitted to enter into any discussion. However, while advisory body members may ask speakers questions, they should not debate matters with them. All remarks shall be delivered in a respectful manner.

Addressing the Advisory Body after Motion Made - After a motion is made by the advisory body, no person shall address the advisory body in regard to that topic except upon the request of the chair, or a member of the advisory body through the chair.

Order and Decorum in Meetings
Board, Commission, and Committee Conduct
While the board, commission, or committee is in session, the members sh all not interrupt the proceedings of any other member or any member of the public who has the floor.

Conduct of Public in Attendance
Persons attending the meeting should observe the rules and procedures of the board, commission, or committee and should not disrupt the business at hand. For example, no one should disrupt the meeting by shouting, making disruptive noises, such as “boos” or hissing sounds; creating or participating in a physical disturbance; speaking out of turn or in violation of the meeting's procedures or rules; preventing or attempting to prevent others who have the floor from speaking; preventing others from observing the meeting; entering into or remaining in an area of the meeting room that is not open to the public; or approaching the advisory body without consent. Any message to or contact with any member of the advisory body while it is in session should be through the staff liaison.

All public comments shall be addressed to the advisory body as a whole and not to any specific member. No one other than the advisory body and the person having the floor may enter into any discussion, either directly or through a member of the advisory body, without the permission of the chairperson. No question may be asked of a member of the advisory body except through the chair.

After being recognized for this purpose by the chair, any member of the advisory body may briefly respond to comments made during the public comment period or may pose a question to the person speaking at public comment or during a public hearing but may not discuss the matter.

Interested persons may address the advisory body on any issue concerning city business and items on the agenda during the period assigned to public comment on the agenda. Members of the advisory body may ask questions but should not discuss or act in connection with such citizen comment, if the subject is not on the agenda for action. A member of the advisory body may, however, refer a subject to staff or other resources for factual information or for action, if appropriate. The public may also comment during a public hearing on the subject of the public hearing in accordance with any procedures established by the advisory board for this purpose.

Rules of Debate
Presiding Officer May Debate. The presiding officer may debate from the chair, subject only to such limitations of debate by rules imposed on all members of the advisory board, and should not be deprived of any of the rights and privileges of any other member by reason of his/her acting as the presiding officer.

Getting the Floor. Improper references are to be avoided. Every member desiring to speak should address the chair, and upon recognition by the presiding officer, should confine him/herself to the question under debate.

Interruptions
A member of the advisory board, once recognized, should not be interrupted when speaking unless it is to call him to order, or as herein otherwise provided. If a member, while speaking, is called to order, 401

he/she should cease speaking until the question of order can be determined, and if, in order, he/she should be permitted to proceed.

Proceedings
• Start meetings on time and keep the size of the agenda in mind in order to give each item the appropriate time.
• Announce at the start of a meeting if the order of agenda items is to be rearranged for convenience, for response to those attending only for certain items, or for better pacing of the agenda.
• Let the chair run the meeting.
• Be fair, impartial, and respectful of the public, staff, and each other. • Give your full attention when others speak.
• Learn to trust your own good judgment on decisions.
• Remember that people may be attending a meeting for the first time, and may be unfamiliar with the procedures. In your discussion, either avoid or explain technical terms or verbal acronyms and abbreviations.
• Listen to audience concerns and do not engage in side conversations or otherwise be distracted during public testimony. The opportunity for public testimony is central to the strength of democracy and is therefore encouraged. Active listening, however, does not mean engaging the public in debate. Your response is appropriately saved for after the public testimony is closed.
• Close the public testimony before you begin serious deliberation on an issue. • Sometimes questions can most effectively focus discussion and direct decision- making.

For example,
For staff:
 What is the history behind this item?
 What are the benefits and drawbacks?
 What other alternatives did you consider?
 Is it within this advisory body’s scope of responsibility? If not, would it be best referred to another advisory body or staff?
For other advisory body members:
 What do you think about this item?
 What have you heard from the residents?
 What would it take for you to support this?
For the public (at a hearing):
 What are your concerns?
 How will this proposal affect you?
 What specific, constructive, alternatives can you recommend?  How does the public comment or question relate to the decision at hand? For yourself:
 What are we trying to accomplish?
 What are the long-range interests of the community?
 What guidance can be found in our foundational documents? • Often you must balance multiple views, neither favoring nor ignoring one individual or 402

group over another. Your obligation is to represent a broad-based view of the community’s long-range interests.
• Remember that your advisory body exists to take actions and/or make recommendations.

It is not simply a discussion group or debating society. • Endeavor to end meetings at a reasonable hour. Extending the meeting beyond an appointed hour may be subjected to a vote when that hour nears.

Managing Difficult Meetings
From time to time, boards, commissions, and committees are faced with conducting highly charged controversial meetings. These meetings may involve one unified group or two or more conflicting groups. The group demeanor may be characterized by aggressiveness and hostility. Such meetings really test the mettle of the advisory body and staff. Consider the following:

Before the Meeting
• Make agendas and back-up reports easily available to participants. • Make sure adequate seating is available. Consider moving to a larger venue if necessary.
• Make sure audio and visual equipment are adequate and operational, if applicable. • Chairperson and staff should engage in contingency planning before the meeting.

During the Meeting
• Establish and announce rules at the beginning of the meeting. • Before public comment, ask the participants to designate one or more spokespersons, if possible. This may help reduce redundancy and make sure that all sides of the issue will be heard.
• Explain the issues, the possible actions, and the procedures that will be followed at the meeting.
• Have speakers address the advisory body and not the audience. Some speakers are very adept at inciting audiences; especially if they are permitted to face the audience. • Stop shouting. Explain the reasons why such actions are disruptive and counterproductive. For instance: the meeting should provide a forum for all points of view and such displays of support or opposition could intimidate those with an opposing point of view from speaking. In addition, such displays delay the discussion. • Do not hesitate to use recesses to help diffuse hostility or aggressiveness. • Strongly consider limiting speakers to a set time such as two to three minutes. If such a procedure is used, make sure it is applied fairly and consistently. • Consider using speaker cards. These can help identify how many people wish to speak and also whether they support or contest an issue. They also are invaluable in recording the names and addresses of speakers. Recognize, however, that if a person does not wish to fill out a card or give their name, they still have the legal right to speak.
• Continue items to a date certain that cannot be decided at the meeting. Items on the agenda that do not get addressed before the meeting adjournment time will automatically be held over to the next regularly scheduled meeting. 403

CONCLUSION
There is no desire on the part of the City Council or city staff to control a board, commission or committee member’s independent thought or judgment. The City Council appoints only those persons who have the knowledge, ability, and interest in the specifi c advisory body’s purposes so that their contributions will be of assistance. All suggestions and ideas are most welcome, whether presented as a citizen, member of an advisory body, or as a majority vote of an advisory body. However, board, commission, and committee membership limits a member’s freedom of advocacy before the City Council or other advisory bodies on those issues that are to be considered by the member’s advisory body so that the member can hear the item with an impartial mind. The recommendation of the board, commis sion, or committee to the City Council should include the position of the body ‘as a whole’ based on the majority vote.

A board, commission, or committee is created as an advisory arm of the City Council as the result of a policy decision. Each has been charged with responsibilities in specified areas. It may be that a member may disagree with an established policy. This is part of the democratic process, as is the expression of that disagreement in a minority vote. In spite of conflicting viewpoints, however, it is the process of addressing the issues that are served by the board, commission, or committee action.

The City of Richmond is proud of its citizen participation and extends a hearty welcome to all board, commission, and committee appointees.

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APPENDICES

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APPENDIX A: Purpose and Function of each City of Richmond Board, Commission and Committee

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APPENDIX B: Boards, Commissions and Committees Contacts, Terms/Term Limits, Expiration Dates, Meeting Dates/Locations

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APPENDIX C: Resolution No. 24-14 Continuation of Board, Commission and Committee Member Terms

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APPENDIX D: Code of Ethics

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APPENDIX E: Oath of Allegiance

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APPENDIX F: Rosenberg’s Rules of Order

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APPENDIX G: Resolution for Amended Conflict of Interest Code

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APPENDIX H-1: Board or Commission Application
APPENDIX H-2: Community Police Review Commission Application APPENDIX H-3: Personnel Board Application
APPENDIX H-4: Rent Board Application
APPENDIX H-5: Youth Council Application
APPENDIX H-6: Workforce Development Board Application
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December 17, 2024

City Council

DATE: December 17, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Council Member Soheila Bana
Council Member Gayle McLaughlin (co-sponsor)

Subject:

Amending the Richmond Municipal Code to Include
Wildfire Hardening in Real Property Transfer Tax
Exceptions
FINANCIAL IMPACT: To be determined , as a fiscal analysis will be needed to calculate the estimated uptake rate and potential
reductions in fire damage costs; in addition to staff time of the City’s Building Department in collaboration with the Fire Marshal’s office to manage the rebate program. Public outreach campaigns will ensure residents are informed
about the program and its benefits.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Wildfire hardening reduces vulnerability by replacing
combustible materials with fire-resistant ones and blocking potential ember ingress points. Such measures are critical to safeguard Richmond's neighborhoods near wildfire -
prone areas.

RECOMMENDED ACTION:

DIRECT the City Attorney’s Office to draft an ordinance to amend the Richmond Municipal Code, Real Property
Transfer Tax Exceptions, to include a rebate for "wildfire hardening" expenses, encouraging prope rty owners to
implement proven fire prevention measures -
Councilmembers Soheila Bana (510-672-3490) and Gayle
McLaughlin (510-620-6636).

AGENDA
REPORT
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December 17, 2024
DISCUSSION:

Richmond faces significant wildfire risk due to its proximity to high fire hazard severity zones and vegetation density. Climate change has exacerbated the frequency and intensity of wildfires, increasing the urgency of preventive action. Like seismic retrofitting, wildfire hardening enhances the safety and resilience of structures, reducing the risk of structural ignition during wildfires.

Wildfire hardening reduces vulnerability by replacing combustible materials with fire - resistant ones and blocking potential ember ingress points. Such measures are critical in Richmond's neighborhoods near wildfire -prone areas. Incentivizing home hardening will help prevent wildfires from jumping from home to home protecting neighborhoods and also ensuring the safety of our firefighters.

Wildfire hardening includes but is not limited to:

1. Class-A Fire Rated Roof Assembly

2. Clearing combustible materials including fences and gates, and any and all movable combustible objects, from the area within five (5) feet of the building being evaluated (Replace with only noncombustible materials.).

3. At least six (6) inches of noncombustible vertical clearance at the bottom of the exterior surface of the building, measured from the ground up.

4. Fire-Resistant Vents and Gutter Covers of 1/16 to 1/8 inch noncombustible, corrosion- resistant metal mesh or OSFM Category 8165 approved ember resistant vents.

5. Multi-paned windows, including dual pane windows, or functional shutters, which when closed, cover the entire window and do not have openings.

6. Enclosed eaves.

7. Remove combustible materials and debris from under decks an d installation of non - combustible siding or ember resistant mesh of 1/8” or finer around deck perimeter.

8. Removal or absence of combustible structures, including sheds and other outbuildings, from the area within thirty (30) feet of the building being ev aluated or, in the event that the applicant does not control the entirety of the area extending thirty feet from the building being evaluated, removal of combustible structures from as much of such area as is under the control of the applicant.

9. Block spaces between roof covering and sheathing with noncombustible materials (bird stops).

10. The property upon which the building being evaluated is situated complies with Section 4291 of the Public Resources Code, and any applicable local ordinances, governing defensible space.
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December 17, 2024

11. Any other work found by the Building Official or Fire Marshal (or their designee) to substantially increase the capability a structure to withstand destruction or damage in the event of a wildfire.

The proposed ordinance amendment would allow a rebate of up to one -third of the transfer tax paid, contingent on the completion of qualified wildfire hardening improvements, as determined by Richmond’s Building Official or Fire Marshal in conformance with California Building Code, Chapter 7A.

The proposed ordinance should include:

1. Eligibility: Expenses for wildfire hardening measures within one year before or after property transfer.

2. Qualified Measures: Examples include Class -A fire-rated roofs, ember-resistant vents, fire-resistant windows, and defensible space compliance.

3. Maximum Rebate: Up to one thirds of the transfer tax per property.

4. Compliance: Adherence to California Building Code Chapter 7A and local fire safety standards.

This proposal is modeled after Berkeley’s ordinance and the East Bay Wildfire Coalition encourages cities in the coalition to a adopt similar ordinance. It also aligns and supports Richmond’s strategic goals of enhancing public safety, promoting environmental sustainability, and improving resilience against natural disasters. By incentivizing wildfire hardening through transfer tax rebates, Richmond can encourage property owners to adopt critical measures that protect lives, property, and natural resources.

DOCUMENTS ATTACHED:

Attachment 1 – City of Berkeley’s Amending BMC 7.52.060 to include “Wildfire Hardening” in the Real Property Transfer Tax Exceptions Attachment 2 – California Building Code Chapter 7A Reference Attachment 3 – Summary of "Safer from Wildfires" Framework (Spanish, Mandarin, English)

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CHAPTER 7A [SFM]

MATERIALS AND CONSTRUCTION METHODS FOR

EXTERIOR WILDFIRE EXPOSURE
> >
>
SECTION 701A

SCOPE, PURPOSE AND APPLICATION
701A.1 Scope. This chapter applies to building materials, sys- tems and/or assemblies used in the exterior design and con - struction of new buildings located within a Wildland-Urban Interface Fire Area as defined in Section 702A.
701A.2 Purpose. The purpose of this chapter is to establish minimum standards for the protection of life and property by increasing the ability of a building located in any Fire Hazard Severity Zone within State Responsibility Areas or any
Wildland-Urban Interface Fire Area to resist the intrusion of flames or burning embers projected by a vegetation fire and contributes to a systematic reduction in conflagration losses. 701A.3 Application. New buildings located in any Fire Hazard Severity Zone or any Wildland-Urban Interface Fire Area des- ignated by the enforcing agency constructed after the applica- tion date shall comply with the provisions of this chapter.

Exceptions:

1. Buildings of an accessory character classified as a
Group U occupancy and not exceeding 120 square
feet in floor area, when located at least 30 feet from an applicable building.

2. Buildings of an accessory character classified as
Group U occupancy of any size located least 50 feet
from an applicable building.

3. Buildings classified as a Group U Agricultural Build- ing, as defined in Section 202 of this code (see also
Appendix C – Group U Agricultural Buildings), when
located at least 50 feet from an applicable building.

4. Additions to and remodels of buildings originally
constructed prior to the applicable application date.
701A.3.1 Application date and where required. New build- ings for which an application for a building permit is sub- mitted on or after July 1, 2008 located in any Fire Hazard Severity Zone or Wildland Interface Fire Area shall comply with all sections of this chapter, including all of the follow- ing areas:

1. All unincorporated lands designated by the State
Board of Forestry and Fire Protection as State
Responsibility Area (SRA) including:

1.1. Moderate Fire Hazard Severity Zones

1.2. High Fire Hazard Severity Zones

1.3. Very-High Fire Hazard Severity Zones

2. Land designated as Very-High Fire Hazard Severity
Zone by cities and other local agencies.

3. Land designated as Wildland Interface Fire Area by
cities and other local agencies.

Exceptions:

1. New buildings located in any Fire Hazard
Severity Zone within State Responsibility
Areas, for which an application for a build-
ing permit is submitted on or after January
1, 2008, shall comply with all sections of this
chapter.

2. New buildings located in any Fire Hazard
Severity Zone within State Responsibility
Areas or any Wildland Interface Fire Area
designated by cities and other local agen -
cies for which an application for a building
permit is submitted on or after December 1,
2005 but prior to July 1, 2008, shall only
comply with the following sections of this
chapter:

2.1. Section 705A – Roofing

2.2. Section 706A – Attic Ventilation
701A.4 Inspection and certification. Building permit applica- tions and final completion approvals for buildings within the scope and application of this chapter shall comply with the fol- lowing:

1. Building permit issuance. The local building official shall, prior to construction, provide the owner or appli- cant a certification that the building as proposed to be built complies with all applicable state and local build- ing standards, including those for materials and con -
struction methods for wildfire exposure as described in this chapter. Issuance of a building permit by the local building official for the proposed building shall be con- sidered as complying with this section.

2. Building permit final. The local building official shall, upon completion of construction, provide the owner or
applicant with a copy of the final inspection report that demonstrates the building was constructed in compli -
ance with all applicable state and local building stan - dards, including those for materials and construction
methods for wildfire exposure as described in this chap- ter. Issuance of a certificate of occupancy by the local building official for the proposed building shall be con- sidered as complying with this section.
701A.5 Vegetation management compliance. Prior to build- ing permit final approval, the property shall be in compliance with the vegetation management requirements prescribed in California Fire Code Section 4906, including California Pub- lic Resources Code 4291 or California Government Code Sec- >
2010 CALIFORNIA BUILDING CODE 255
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MATERIALS AND CONSTRUCTION METHODS FOR EXTERIOR WILDFIRE EXPOSURE tion 51182. Acceptable methods of compliance inspection and documentation shall be determined by the enforcing agency and may include any of the following:

1. Local, state or federal fire authority or designee autho- rized to enforce vegetation management requirements

2. Enforcing agency

3. Third party inspection and certification authorized to enforce vegetation management requirements

4. Property owner certification authorized by the enforcing agency
SECTION 702A

DEFINITIONS
For the purposes of this chapter, certain terms are defined below:

CDF DIRECTOR means the Director of the California
Department of Forestry and Fire Protection.

EXTERIOR COVERING. The exposed siding or cladding
material applied to the exterior side of an exterior wall, roof eave soffit, floor projection or exposed underfloor framing.

FIRE PROTECTION PLAN is a document prepared for a
specific project or development proposed for a Wildland Urban Interface Fire Area. It describes ways to minimize and mitigate potential for loss from wildfire exposure.

The Fire Protection Plan shall be in accordance with this chapter and the California Fire Code, Chapter 49. When
required by the enforcing agency for the purposes of granting modifications, a fire protection plan shall be submitted. Only locally adopted ordinances that have been filed with the Cali- fornia Building Standards Commission or the Department of Housing and Community Development in accordance with
Section 1.1.8 shall apply.

FIRE HAZARD SEVERITY ZONES are geographical areas
designated pursuant to California Public Resources Codes Sections 4201 through 4204 and classified as Very High, High, or Moderate in State Responsibility Areas or as Local Agency Very High Fire Hazard Severity Zones designated pursuant to California Government Code, Sections 51175 through 51189.

See California Fire Code Article 86.

The California Code of Regulations, Title 14, Section 1280, entitles the maps of these geographical areas as “Maps of the Fire Hazard Severity Zones in the State Responsibility Area of California. ”
HEAVY TIMBER. A type of construction classification speci- fied in Section 602. For use in this chapter, heavy timber shall be sawn lumber or glue laminated wood with the smallest mini- mum nominal dimension of 4 inches (102 mm). Heavy timber walls or floors shall be sawn or glue-laminated planks splined, tongue-and-grove, or set close together and well spiked.

IGNITION-RESISTANT MATERIAL. A type of building
material that resists ignition or sustained flaming combustion sufficiently so as to reduce losses from wildland-urban inter - face conflagrations under worst-case weather and fuel condi- tions with wildfire exposure of burning embers and small flames, as prescribed in Section 703A and SFM Standard
12-7A-5, Ignition-Resistant Material.

LOCAL AGENCY VERY HIGH FIRE HAZARD SEVER -
ITY ZONE means an area designated by a local agency upon the recommendation of the CDF Director pursuant to Govern- ment Code Sections 51177(c), 51178 and 5118 that is not a state responsibility area and where a local agency, city, county, city and county, or district is responsible for fire protection.

LOG WALL CONSTRUCTION. A type of construction in
which exterior walls are constructed of solid wood members and where the smallest horizontal dimension of each solid wood member is at least 6 inches (152 mm).

RAFTER TAIL. The portion of roof rafter framing in a sloping roof assembly that projects beyond and overhangs an exterior wall.

ROOF EAVE. The lower portion of a sloping roof assembly that projects beyond and overhangs an exterior wall at the lower end of the rafter tails. Roof eaves may be either “open” or “enclosed. ” Open roof eaves have exposed rafter tails and an unenclosed space on the underside of the roof deck.

Enclosed roof eaves have a boxed-in roof eave soffit with a hor- izontal underside or sloping rafter tails with an exterior cover- ing applied to the underside of the rafter tails.

ROOF EAVE SOFFIT. An enclosed boxed-in soffit under a
roof eave with exterior covering material applied to the soffit framing creating a horizontal surface on the exposed under- side.

STATE RESPONSIBILITY AREA means lands that are clas-
sified by the Board of Forestry pursuant to Public Resources Code Section 4125 where the financial responsibility of pre - venting and suppressing forest fires is primarily the responsi- bility of the state.

WILDFIRE is any uncontrolled fire spreading through vegeta- tive fuels that threatens to destroy life, property, or resources as defined in Public Resources Code Sections 4103 and 4104.

WILDFIRE EXPOSURE is one or a combination of radiant
heat, convective heat, direct flame contact and burning embers being projected by vegetation fire to a structure and its immedi- ate environment.

WILDLAND-URBAN INTERFACE FIRE AREA is a geo -
graphical area identified by the state as a “Fire Hazard Sever- ity Zone” in accordance with the Public Resources Code
Sections 4201 through 4204 and Government Code Sections 51175 through 51189, or other areas designated by the enforc- ing agency to be at a significant risk from wildfires. See Section 706A for the applicable referenced sections of the Government Code and the Public Resources Code.

SECTION 703A

STANDARDS OF QUALITY
703A.1 General. Building material, systems, assemblies and methods of construction used in this chapter shall be in accor- dance with Section 703A.
703A.2 Qualification by testing. Material and material assem- blies tested in accordance with the requirements of Section 256 2010 CALIFORNIA BUILDING CODE
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MATERIALS AND CONSTRUCTION METHODS FOR EXTERIOR WILDFIRE EXPOSURE >
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703A shall be accepted for use when the results and conditions of those tests are met. Product evaluation testing of material and material assemblies shall be approved or listed by the State Fire Marshal, or identified in a current report issued by an approved agency.
703A.3 Approved agency. Product evaluation testing shall be performed by an approved agency as defined in Section 1702.

The scope of accreditation for the approved agency shall include building product compliance with this code.
703A.4 Labeling. Material and material assemblies tested in accordance with the requirements of Section 703A shall bear an identification label showing the fire test results. That identi- fication label shall be issued by a testing and/or inspecting agency approved by the State Fire Marshal.

1. Identification mark of the approved testing and/or
inspecting agency

2. Contact and identification information of the manufac - turer

3. Model number or identification of the product or material

4. Pre-test weathering specified in this chapter

5. Compliance standard as described under Section
703A.7
703A.5 Weathering and surface treatment protection.
703A.5.1 General. Material and material assemblies tested in accordance with the requirements of Section 703A shall maintain their fire test performance under conditions of use, when installed in accordance with the manufacturers
instructions.
703A.5.2 Weathering. Fire-retardant-treated wood and
fire-retardant-treated wood shingles and shakes shall meet the fire test performance requirements of this chapter after being subjected to the weathering conditions contained in the following standards, as applicable to the materials and the conditions of use.
703A.5.2.1 Fire-retardant-treated wood. Fire-retar-
dant-treated wood shall be tested in accordance with
ASTM D 2898, “Standard Practice for Accelerated
Weathering of Fire-Retardant Treated Wood for Fire
Testing (Method A)” and the requirements of Section
2303.2.
703A.5.2.2 Fire-retardant-treated wood shingles and
shakes. Fire-retardant-treated wood shingles and shakes shall be approved and listed by the State Fire Marshal in accordance with Section 208(c), Title 19 California
Code of Regulations.
703A.5.3 Surface treatment protection. The use of paints, coatings, stains or other surface treatments are not an approved method of protection as required in this chapter. 703A.6 Alternates for materials, design, tests and methods of construction. The enforcing agency is permitted to modify the provisions of this chapter for site-specific conditions in accor- dance with Section 1.11.2.4. When required by the enforcing agency for the purposes of granting modifications, a fire pro- tection plan shall be submitted in accordance with the Califor- nia Fire Code, Chapter 49.
703A.7 Standards of quality. The State Fire Marshal stan - dards for exterior wildfire exposure protection listed below and as referenced in this chapter are located in the California Ref- erenced Standards Code, Part 12 and Chapter 35 of this code.

SFM Standard 12-7A-1, Exterior Wall Siding and Sheath-
ing. A fire resistance test standard consisting of a 150 kW intensity direct flame exposure for a 10-minute duration.

SFM Standard 12-7A-2, Exterior Windows. A fire resis -
tance test standard consisting of a 150 kW intensity direct flame exposure for a 8-minute duration.

SFM Standard 12-7A-3, Horizontal Projection Underside
A fire resistance test standard consisting of a 300 kW inten- sity direct flame exposure for a 10-minute duration.

SFM Standard 12-7A- 4, Decking. A two-part test consist- ing of a heat release rate (Part A) deck assembly combustion test with an under deck exposure of 80 kW intensity direct flame for a 3-minute duration, and a (Part B) sustained deck assembly combustion test consisting of a deck upper surface burning ember exposure with a 12 mph wind for 40 minutes using a 2.2lb (1kg) burning “Class A” size 12"x12"x 2.25" (300 mm
x 300 mm x 57 mm) roof test brand.

SFM Standard 12-7A-4A, Decking
Alternate Method A. A
heat release rate deck assembly combustion test with an under deck exposure of 80 kW intensity direct flame for a 3-minute duration,
SFM Standard 12-7A-5, Ignition-resistant Material. A
generic building material surface burning flame spread test standard consisting of an extended 30 minute ASTM E84 or UL 723 test method as is used for fire-retardant-treated wood.

SECTION 704A

IGNITION-RESISTANT CONSTRUCTION
704A.1 General. The materials prescribed herein for ignition resistance shall conform to the requirements of this chapter. 704A.2 Ignition-resistant material. Ignition-resistant mate - rial shall be determined in accordance with the test procedures set forth in SFM Standard 12-7A-5 “Ignition-Resistant Mate- rial” or in accordance with this section.
704A.3 Alternative methods for determining ignition-resis - tant material. Any one of the following shall be accepted as meeting the definition of ignition-resistant material:

1. Noncombustible material. Material that complies with the definition for noncombustible materials in Section
202.

2. Fire-retardant-treated wood. Fire-retardant-treated
wood identified for exterior use that complies with the requirements of Section 2303.2.

3. Fire-retardant-treated wood shingles and shakes.

Fire-retardant-treated wood shingles and shakes, as
defined in Section 1505.6 and listed by State Fire Mar - shal for use as “Class B” roof covering, shall be
accepted as an ignition-resistant wall covering material when installed over solid sheathing.
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MATERIALS AND CONSTRUCTION METHODS FOR EXTERIOR WILDFIRE EXPOSURE SECTION 705A
ROOFING >
705A.1 General. Roofs shall comply with the requirements of Chapter 7A and Chapter 15. Roofs shall have a roofing assem- bly installed in accordance with its listing and the manufac - turer’s installation instructions.
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705A.2 Roof coverings. Where the roof profile allows a space between the roof covering and roof decking, the spaces shall be constructed to prevent the intrusion of flames and embers, be firestopped with approved materials or have one layer of mini- mum 72 pound (32.4 kg) mineral-surfaced nonperforated cap sheet complying with ASTM D 3909 installed over the combus- tible decking.
705A.3 Roof valleys. Where valley flashing is installed, the flashing shall be not less than 0.019-inch (0.48 mm) No. 26 gage galvanized sheet corrosion-resistant metal installed over not less than one layer of minimum 72 pound (32.4 kg) min- eral-surfaced nonperforated cap sheet complying with ASTM D 3909, at least 36-inch-wide (914 mm) running the full length of the valley.
705A.4 Roof gutters. Roof gutters shall be provided with the means to prevent the accumulation of leaves and debris in the gutter.

SECTION 706A
VENTS
706A.1 General. Where provided, ventilation openings for enclosed attics, enclosed eave soffit spaces, enclosed rafter spaces formed where ceilings are applied directly to the under- side of roof rafters, and underfloor ventilation shall be in accordance with Section 1203 and Sections 706A.1 through 706A.3 to resist building ignition from the intrusion of burning embers and flame through the ventilation openings.
706A.2 Requirements. Ventilation openings for enclosed
attics, enclosed eave soffit spaces, enclosed rafter spaces formed where ceilings are applied directly to the underside of roof rafters, and underfloor ventilation openings shall be fully covered with metal wire mesh, vents, other materials or other devices that meet the following requirements:

1. The dimensions of the openings therein shall be a mini- mum of
1/16-inch (1.6 mm) and shall not exceed 1/8-inch
(3.2mm).

2. The materials used shall be noncombustible.

Exception: Vents located
under the roof covering,
along the ridge of roofs, with the exposed surface of
the vent covered by noncombustible wire mesh, may
be of combustible materials.

3. The materials used shall be corrosion resistant.
706A.3 Ventilation openings on the underside of eaves and cornices: Vents shall not be installed on the underside of eaves and cornices.

Exceptions:

1. The enforcing agency may accept or approve special
eave and cornice vents that resist the intrusion of
flame and burning embers.

2. Vents complying with the requirements of Section
706A.2 may be installed on the underside of eaves and
cornices in accordance with either one of the follow-
ing conditions:

2.1. The attic space being ventilated is fully pro -
tected by an automatic sprinkler system in-
stalled in accordance with Section 903.3.1.1
or,

2.2. The exterior wall covering and exposed un -
derside of the eave are of noncombustible ma-
terial, or ignition-resistant-materials as
determined in accordance with SFM Stan -
dard 12-7A-5 Ignition-Resistant Material and
the vent is located more than 12 feet from the
ground or walking surface of a deck, porch,
patio or similar surface.

SECTION 707A

EXTERIOR COVERING
707A.1 Scope. The provisions of this section shall govern the materials and construction methods used to resist building ignition and/or safeguard against the intrusion of flames resulting from small ember and short-term direct flame contact exposure.
707A.2 General. The following exterior covering materials and/or assemblies shall comply with this section:

1. Exterior wall covering material

2. Exterior wall assembly

3. Exterior exposed underside of roof eave overhangs

4. Exterior exposed underside of roof eave soffits

5. Exposed underside of exterior porch ceilings

6. Exterior exposed underside of floor projections

7. Exterior underfloor areas
Exceptions:

1. Exterior wall architectural trim, embellishments, fas- cias, and gutters

2. Roof or wall top cornice projections and similar
assemblies

3. Roof assembly projections over gable end walls

4. Solid wood rafter tails and solid wood blocking
installed between rafters having minimum dimension
2 inch (50.8 mm) nominal

5. Deck walking surfaces shall comply with Section
709A.4 only
707A.3 Exterior walls. The exterior wall covering or wall assembly shall comply with one of the following requirements:

1. Noncombustible material

2. Ignition-resistant material

3. Heavy timber exterior wall assembly

4. Log wall construction assembly
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MATERIALS AND CONSTRUCTION METHODS FOR EXTERIOR WILDFIRE EXPOSURE

5. Wall assemblies that meet the performance criteria in accordance with the test procedures for a 10-minute
direct flame contact exposure test set forth in SFM Stan- dard 12-7A-1
Exception: Any of the following shall be deemed to meet the assembly performance criteria and intent of this section:

1. One layer of
5/8-inch Type X gypsum sheathing
applied behind the exterior covering or cladding on
the exterior side of the framing

2. The exterior portion of
a 1-hour fire resistive exterior
wall assembly designed for exterior fire exposure
including assemblies using the gypsum panel and
sheathing products listed in the Gypsum Association
Fire Resistance Design Manual
707A.3.1 Extent of exterior wall covering. Exterior wall coverings shall extend from the top of the foundation to the roof, and terminate at 2 inch (50.8 mm) nominal solid wood blocking between rafters at all roof overhangs, or in the case of enclosed eaves, terminate at the enclosure.
707A.4 Open roof eaves. The exposed roof deck on the under- side of unenclosed roof eaves shall consist of one of the follow- ing:

1. Noncombustible material

2. Ignition-resistant material

3. One layer of
5/8-inch Type X gypsum sheathing applied
behind an exterior covering on the underside exterior of the roof deck

4. The exterior
portion of a 1-hour fire resistive exterior
wall assembly applied to the underside of the roof deck designed for exterior fire exposure including assemblies using the gypsum panel and sheathing products listed in the Gypsum Association Fire Resistance Design Manual
Exceptions: The following materials do not require protec- tion:

1. Solid wood rafter tails on the exposed underside of
open roof eaves having a minimum nominal dimen -
sion of 2 inch (50.8 mm)

2. Solid wood blocking installed between rafter tails on the exposed underside of open roof eaves having a
minimum nominal dimension of 2 inch (50.8 mm)

3. Gable end overhangs and roof assembly projections
beyond an exterior wall other than at the lower end of
the rafter tails

4. Fascia and other architectural trim boards
707A.5 Enclosed roof eaves and roof eave soffits. The exposed underside of enclosed roof eaves having either a boxed-in roof eave soffit with a horizontal underside, or sloping rafter tails with an exterior covering applied to the underside of the rafter tails, shall be protected by one of the following:

1. Noncombustible material

2. Ignition-resistant material

3. One layer of
5/8-inch Type X gypsum sheathing applied
behind an exterior covering on the underside of the raf- ter tails or soffit

4. The exterior portion of
a 1-hour fire resistive exterior
wall assembly applied to the underside of the rafter tails or soffit including assemblies using the gypsum panel
and sheathing products listed in the Gypsum Association Fire Resistance Design Manual

5. Boxed-in roof eave soffit assemblies with a horizontal underside that meet the performance criteria in accor - dance with the test procedures set forth in SFM Standard 12-7A-3
Exceptions: The following materials do not require protec- tion:

1. Gable end overhangs and roof assembly projections
beyond an exterior wall other than at the lower end of
the rafter tails

2. Fascia and other architectural trim boards
707A.6 Exterior porch ceilings. The exposed underside of exterior porch ceilings shall be protected by one of the follow- ing:

1. Noncombustible material

2. Ignition-resistant material

3. One layer of
5/8-inch Type X gypsum sheathing applied
behind the exterior covering on the underside of the ceil- ing

4. The exterior portion
of a 1-hour fire resistive exterior
wall assembly applied to the underside of the ceiling
assembly including assemblies using the gypsum panel
and sheathing products listed in the Gypsum Association Fire Resistance Design Manual

5. Porch ceiling assemblies with a horizontal underside that meet the performance criteria in accordance with
the test procedures set forth in SFM Standard 12-7A-3
Exception: Architectural trim boards.
707A.7 Floor projections. The exposed underside of a cantile- vered floor projection where a floor assembly extends over an exterior wall shall be protected by one of the following:

1. Noncombustible material

2. Ignition-resistant material

3. One layer of
5/8-inch Type X gypsum sheathing applied
behind an exterior covering on the underside of the floor projection

4. The exterior
portion of a 1-hour fire resistive exterior
wall assembly applied to the underside of the floor pro- jection including assemblies using the gypsum panel and sheathing products listed in the Gypsum Association
Fire Resistance Design Manual

5. The underside of a floor projection assembly that meet the performance criteria in accordance with the test pro- cedures set forth in SFM Standard 12-7A-3
Exception: Architectural trim boards.
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MATERIALS AND CONSTRUCTION METHODS FOR EXTERIOR WILDFIRE EXPOSURE 707A.8 Underfloor protection. The underfloor area of ele - vated or overhanging buildings shall be enclosed to grade in accordance with the requirements of this chapter or the under- side of the exposed underfloor shall consist of one of the follow- ing:

1. Noncombustible material

2. Ignition-resistant material

3. One layer of 5/8-inch Type X gypsum sheathing applied behind an exterior covering on the underside of the floor projection

4. The
exterior portion of a 1-hour fire resistive exterior
wall assembly applied to the underside of the floor
including assemblies using the gypsum panel and
sheathing products listed in the Gypsum Association
Fire Resistance Design Manual

5. The underside of a floor assembly that meets the perfor- mance criteria in accordance with the test procedures
set forth in SFM Standard 12-7A-3
Exception: Heavy timber structural columns and beams do not require protection.
707A.8 Underside of appendages. When required by the
enforcing agency the underside of overhanging appendages shall be enclosed to grade in accordance with the requirements of this chapter or the underside of the exposed underfloor shall consist of one of the following:

1. Noncombustible material

2. Ignition-resistant material

3. One layer of
5/8-inch Type X gypsum sheathing applied
behind an exterior covering on the underside of the floor projection

4. The exterior portion of a
1-hour fire resistive exterior
wall assembly applied to the underside of the floor
including assemblies using the gypsum panel and
sheathing products listed in the Gypsum Association
Fire Resistance Design Manual

5. The underside of a floor assembly that meets the perfor- mance criteria in accordance with the test procedures
set forth in SFM Standard 12-7A-3
Exception: Heavy timber structural columns and beams do not require protection.

SECTION 708A

EXTERIOR WINDOWS AND DOORS
708A.1 General.
708A.2 Exterior glazing. The following exterior glazing mate- rials and/or assemblies shall comply with this section:

1. Exterior windows

2. Exterior glazed doors

3. Glazed openings within exterior doors

4. Glazed openings within exterior garage doors

5. Exterior structural glass veneer
708A.2.1 Exterior windows and exterior glazed door
assembly requirements. Exterior windows and exterior
glazed door assemblies shall comply with one of the follow- ing requirements:

1. Be constructed of multipane glazing with a minimum
of one tempered pane meeting the requirements of
Section 2406 Safety Glazing, or

2. Be constructed of glass block units, or

3. Have a fire-resistance rating of not less than 20 min- utes when tested according to NFPA 257, or

4. Be tested to meet the performance requirements of
SFM Standard 12-7A-2
708A.2.2 Structural glass veneer. The wall assembly
behind structural glass veneer shall comply with Section 707A.3.
708A.3 Exterior doors. Exterior doors shall comply with one of the following:

1. The exterior surface or cladding shall be of noncombus- tible or ignition-resistant material, or

2. Shall be constructed of solid core wood that comply with the following requirements:

2.1. Stiles and rails shall not be less than
13/8 inches
thick.

2.2. Raised panels shall
not be less than 11/4 inches
thick, except for the exterior perimeter of the
raised panel that may taper to a tongue not less
than
3/8 inch thick.

3. Shall have a fire-resistance
rating of not less than 20
minutes when tested according to NFPA 252.

4. Shall be tested to meet the performance requirements of SFM Standard 12-7A-1.
708A.3.1 Exterior door glazing. Glazing in exterior doors shall comply with Section 708A.2.1.

SECTION 709A

DECKING
709A.1 General. The walking surface material of decks,
porches, balconies and stairs shall comply with the require - ments of this section.
709A.2 Where required. The walking surface material of
decks, porches, balconies and stairs shall comply with the requirements of this section when any portion of such surface is within 10 feet (3048 mm) of the building.
709A.3 Decking Surfaces. The walking surface material of decks, porches, balconies and stairs shall be constructed with one of the following materials:

1. Ignition-resistant material that complies with the perfor- mance requirements of both SFM Standard 12-7A-4 and
SFM Standard 12-7A-5.

2. Exterior fire retardant treated wood

3. Noncombustible material
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MATERIALS AND CONSTRUCTION METHODS FOR EXTERIOR WILDFIRE EXPOSURE

4. Any material that complies with the performance
requirements of SFM Standard 12-7A-4A when attached
exterior wall covering is also either noncombustible or ignition-resistant material.

Exception: Wall material may be of any material that other- wise complies with this chapter when the decking surface material complies with the performance requirements
ASTM E 84 with a Class B flame spread rating.

SECTION 710A

ACCESSORY STRUCTURES
710A.1 General. Accessory and miscellaneous structures, other than buildings covered by Section 701A.3, which pose a significant exterior exposure hazard to applicable buildings during wildfires shall be constructed to conform to the ignition resistance requirements of this section.
710A.2 Applicability. The provisions of this section shall apply to trellises, arbors, patio covers, carports, gazebos and similar structures of an accessory or miscellaneous character.

Exceptions:

1. Decks shall comply with the requirements of Section
709A.

2. Awnings and canopies shall comply with the require-
ments of Section 3105.
710A.3 Where required. Accessory structures shall comply with the requirements of this section.
710A.3.1 Attached accessory structures shall comply with the requirements of this section.
710A.3.2 When required by the enforcing agency, detached accessory structures within 50 feet of an applicable building shall comply with the requirements of this section.
710A.4. Requirements. When required by the enforcing
agency accessory structures shall be constructed of noncom - bustible or ignition-resistant materials.
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Susan Wengraf
Vice Mayor & Councilmember District 6
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7160 ● TDD: (510) 981-6903 ● Fax: (510) 981-7166 E-Mail: [email protected]

CONSENT CALENDAR
September 10, 2024
To: Honorable Mayor and Members of the City Council
From: Vice Mayor Wengraf (Author), Councilmember Hahn (Co-Sponsor), Councilmember Humbert (Co-Sponsor), Councilmember Taplin (Co-Sponsor) Subject: Amending BMC 7.52.060 to include “Wildfire Hardening” in the Real Property Transfer Tax Exceptions

RECOMMENDATION
Adopt the first reading of an Ordinance to amend Berkeley Municipal Code 7.52.060, Real Property Transfer Tax Exceptions, by adding Sub-section L, Wildfire Hardening, below Sub-section K, Seismic Upgrades.

FINANCIAL IMPLICATIONS
To be determined

CURRENT SITUATION AND ITS EFFECTS
The inherent wildfire risk Berkeley faces because of the natural topography and weather conditions is increasing due to climate change which is bringing more frequent and substantial draughts, and higher temperatures.

The City of Berkeley has and will continue to implement strategies that reduce the wildfire risk to our community, and should a wildfire occur, improve the emergency response. However, the City is able to address only a small part of the wildfire risk that the community faces as the majority of risk within the City lies on private property on and around structures that pre-date the 2008 implementation of California Building Code Chapter 7A and lack defensible space. While some of the retrofit work that must occur is inexpensive, much of it is expensive and must be completed by professionals.

Thus, there is a financial challenge to getting this work completed, even for motivated residents. There is a need to be nimble and adapt our legislation to incentivize the work we know has to get done, work that will make our community resistive to ember caused ignitions and slow an advancing fire so firefighters can protect the community. This amendment will provide an opportunity and mechanism for the City to incentivize homeowners in making these improvements.

The risk of structural ignition can be reduced through “wildfire hardening” which is the process of increasing resistance to wildfire by replacing combustible materials with ignition resistant and/or non-combustible materials and other scientifically proven 424

Amending BMC 7.52.060 to include “Wildfire Hardening” CONSENT Calendar September 10, 2024

actions including:

• Reducing the structure’s vulnerability to heat.
• Creating fire-resistant surfaces.
• Blocking any potential points of ingress for embers and other flammable material.

Retrofitting our homes against seismic damage and destruction has proven to be good policy; hardening against wildfire will be as well. Providing a refund of a portion of the transfer tax to harden against wildfire will incentivize owners and buyers to undertake these important upgrades and reduce our vulnerability to destruction and damage as a result of a wildfire.

Berkeley Municipal Code (BMC) Chapter 7.52 (Real Property Transfer Tax) Section .060 provides exceptions to payment of transfer tax, including to those who make seismic upgrades just before or after selling or buying their home. Up to one-third of the tax imposed by BMC 7.52 can be reduced, on a dollar-for-dollar basis, for all expenses incurred on or after October 17,1989 to "seismically retrofit".

This item recommends a similar exception for wildfire hardening expenses by adding Sub-section L. The maximum rebate shall be one-third (1/3) of the tax paid for a transfer of real property. However, the total rebate for any combination of seismic retrofit and/or wildfire hardening shall not exceed the maximum of one-third (1/3) of the tax paid per property. This shall take effect on January 1, 2025.

Qualifying upgrades and wildfire hardening projects must be completed either up to one year prior to the transfer of real property or within one year after the transfer. If the work qualifying for a rebate is completed prior to the transfer of the real property, the seller and buyer must decide who may apply for and receive the rebate. Work must be performed pursuant to a plan prepared by the applicant and approved by the Building Official, Fire Marshall or their designee.

The amendment to BMC 7.52.060 proposes to adopt the California Department of Insurance, “Safer from Wildfires” mitigation framework. According to the California Department of Insurance, “Every action under Safer from Wildfires will qualify you for an insurance discount. By doing more, you can save more.”

To be eligible for a rebate, the parcel level mitigations set forth in the California Department of Insurance “Safer from Wildfires” Framework REG-2020-00015 adopting California Code of Regulations Title 10, Chapter 5, Subchapter 4.8, Article 4, Section 2644.9 must be satisfactorily completed as determined by the Building Official (when a permit is required) and a Berkeley Fire Department Defensible Space Inspection.

425

Amending BMC 7.52.060 to include “Wildfire Hardening” CONSENT Calendar September 10, 2024

Some of the hardening upgrades will require a permit and inspection by the Building Department. All design, material and construction methods must be in conformance with California Building Code, Chapter 7A. Work that requires a permit and inspection, that is completed without one, will not be eligible for the transfer tax rebate. Property owners wishing to perform their own work may not include a charge for their time but may submit for the cost of materials.

Wildfire hardening includes but is not limited to:

1. Class-A Fire Rated Roof Assembly

2. Clearing combustible materials including fences and gates, and any and all movable combustible objects, from the area within five (5) feet of the building being evaluated (Replace with only noncombustible materials.).

3. At least six (6) inches of noncombustible vertical clearance at the bottom of the exterior surface of the building, measured from the ground up.

4. Fire-Resistant Vents and Gutter Covers of 1/16 to 1/8 inch noncombustible, corrosion-resistant metal mesh or OSFM Category 8165 approved ember resistant vents.

5. Multi-paned windows, including dual pane windows, or functional shutters, which when closed, cover the entire window and do not have openings.

6. Enclosed eaves.

7. Remove combustible materials and debris from under decks and installation of non-combustible siding or ember resistant mesh of 1/8” or finer around deck perimeter.

8. Removal or absence of combustible structures, including sheds and other outbuildings, from the area within thirty (30) feet of the building being evaluated or, in the event that the applicant does not control the entirety of the area extending thirty feet from the building being evaluated, removal of combustible structures from as much of such area as is under the control of the applicant.

9. Block spaces between roof covering and sheathing with noncombustible materials (bird stops).

10. The property upon which the building being evaluated is situated complies with Section 4291 of the Public Resources Code, and any applicable local ordinances, governing defensible space.

11. Any other work found by the Building Official or Fire Marshal (or their designee) to substantially increase the capability a structure to withstand destruction or damage in the event of a wildfire.
426

Amending BMC 7.52.060 to include “Wildfire Hardening” CONSENT Calendar September 10, 2024

Wildfire hardening increases a home’s resistance to heat, flames and embers, thereby reducing the chances of a home igniting. This also protects adjacent homes from igniting and causing a structure-to-structure fire spread through the community.

Adding Wildfire Hardening to Berkeley Municipal Code 7.52.060, Sub-section L, in addition to Seismic upgrades, supports Berkeley’s Strategic Plan Goal to create a resilient, safe, connected and prepared city.

BACKGROUND
Maintaining our housing stock is essential to the health and welfare of our city. The impacts from a wildfire are not just seen in the structures; it has devastating consequences on mental health, individual sense of security, and our financial stability as a community.

The Loma Prieta Earthquake took the Bay Area by surprise on October 17,1989.

According to the California Department of Conservation, that 6.9 magnitude earthquake killed 63 people, injured close to 4,000 and displaced over 12,000 people. Less than two years later, June 25, 1991, Berkeley City Council voted for an exception on transfer property taxes to help homeowners pay for seismically upgrading their homes, and BMC 7.52.060, Sub-section K was established. In the last 10 years, the Finance Department processed approximately 1,200 seismic upgrade rebates for a total of $7.2M.

Since the seismic retrofit exception was included in BMC 7.52.060 in 1991 no expanded safety exceptions have been added. The City of Berkeley is in one of the highest wildfire risk areas in the state. We have a long history of catastrophic wildfire here in Berkeley.

Most notably, in 1923, when a wildfire destroyed more than 600 homes, leaving more than 1,000 residents homeless. In 1991, the Berkeley/Oakland Tunnel Fire was responsible for 25 deaths and destroyed more than 3,000 homes. In 2024 valuation, that conflagration cost 4 billion dollars. Now is the time to amend this policy, adapt our legislation and help residents harden their homes against wildfire.

Fire science studies are decisive. Wildfire hardening reduces the chances of a home catching fire. The Home Insurance industry has taken note and adopted the components of Chapter 7A and defensible space in their evaluations of risk during the underwriting process. IBHS, the Insurance Institute for Business & Home Safety, initiated the Wildfire Prepared Home program, which incentivizes homeowners to implement home hardening best practices based on scientifically proven Wildfire Defense Standards.

Attachments: 1) Ordinance Amending Sections of 7.52.060 of the BMC – clean copy 2) California Building Code Chapter 7A

3) “Safer from Wildfires”, California Department of Insurance 427

ORDINANCE NO. #### -N.S.

AMENDING SECTIONS 7.52.060 OF THE BERKELEY MUNICIPAL CODE

BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code 7.52.060, Real Property Transfer Tax Exceptions, is amended to add Sub-section L. and read as follows:

BMC 7.52.60 Sub-section L
L. 1. Up to one-third of the tax imposed by this chapter shall be rebated, on a dollar for dollar basis, for all expenses incurred on or after January 1, 2025 to "wildfire harden" either any structure which is used exclusively for residential purposes, or any mixed-use structure which contains two or more dwelling units.

Multiple rebate applications may be submitted for a partial rebate of the tax paid.

However, the total rebate for any combination of seismic retrofit and/or wildfire hardening shall not exceed the maximum of one-third (1/3) of the tax paid per property.

2. The term "wildfire harden" within the meaning of this chapter means work which is the process of increasing resistance to wildfire by replacing combustible materials with ignition resistant and/or non-combustible materials and other scientifically proven actions. The work must be permanent and not vegetation management or gardening adaptations that require continued maintenance. To be eligible for a rebate, the parcel level mitigations set forth in the California Department of Insurance “Safer from Wildfires” Framework REG-2020-00015 adopting California Code of Regulations Title 10, Chapter 5, Subchapter 4.8, Article 4, Section 2644.9 must be satisfactorily completed as determined by the Building Official (when a permit is required) and a Berkeley Fire Department Defensible Space Inspection.

These include:
(a) All improvements must be permanent and comply with design, material and construction methods as described in the
California Building Code,
Chapter 7A. and BMC 19.28.030.
(b) Structures with a wood shake roof must be replaced with a Class A fire rated roof before qualifying for the transfer tax rebate. (c) Clearing combustible materials including fences and gates, and all movable combustible objects, from the area within five (5) feet of the building being evaluated (Replace with only noncombustible materials.). 428

(d) At least six (6) inches of noncombustible vertical clearance at the bottom of the exterior surface of the building, measured from the ground up. (e) Fire-Resistant Vents and Gutter Covers of 1/16 to 1/8 inch noncombustible, corrosion-resistant metal mesh or OSFM Category 8165 approved ember resistant vents.
(f) Multi-paned windows, including dual pane windows, or functional shutters, which when closed, cover the entire window and do not have openings. (g) Enclosed eaves.
(h) Remove combustible materials and debris from under decks and installation of non-combustible siding or ember resistant mesh of 1/8” or finer around deck perimeter.
(i) Removal or absence of combustible structures, including sheds and other outbuildings, from the area within thirty (30) feet of the building being evaluated or, in the event that the applicant does not control the entirety of the area extending thirty feet from the building being evaluated, removal of combustible structures from as much of such area as is under the control of the applicant.
(j) Block spaces between roof covering and sheathing with noncombustible materials (bird stops).
(k) The property upon which the building being evaluated is situated complies with Section 4291 of the Public Resources Code, when applicable, and any applicable local ordinances, governing defensible space. (l) Any other work found by the Building Official or Fire Marshal (or their designee) to substantially increase the capability of those structures, specified in subsection L.1, to withstand destruction or damage in the event of a wildfire.

3. The work to wildfire harden as provided herein shall be completed either up to one-year prior to the transfer of property or as provided in subsection L.5.

4. If the work to wildfire harden structures and property provided for herein is to be performed after the transfer of property which is subject to the tax imposed by this chapter, upon completion of such work and certification by the building official as to the amount of the expenses of such work the City Manager or their designee may refund such expenses not to exceed one-third of the tax imposed to the parties to the sale in accordance with the terms of such sale. Any remaining tax shall be retained by the City.
429

5. From the date of the recordation of the transfer document, the applicant shall have one year to complete all wildfire hardening work and submit a wildfire hardening verification application to the Codes and Inspection Division of the City of Berkeley. If the work is not completed at the end of one year, that portion which has been completed may be credited as a rebate to the applicant upon submission of a Home Hardening verification application and substantiating documentation, as required by the codes and inspections division of the City of Berkeley, showing the dollar amount of work completed up to that date.

6. Within the one-year period established by paragraph 5, an applicant may request, and the City Manager may approve, an extension of up to one year. The City Manager or their designee may grant such an extension only for good cause.

The decision of the City Manager or their designee shall be entirely within their discretion and shall be final.
(a) "Good cause" includes (i) the inability of the applicant, after a prompt and diligent search to find and retain the services of an architect, engineer, contractor or other service provider whose services are necessary for the Home Hardening work; (ii) unforeseen and unforeseeable circumstances such as a significant change in the scope of the Wildfire Hardening work due to circumstances in the field which could not reasonably have been known earlier; and (iii) serious illness or other extraordinary and unforeseeable circumstances that prevented the timely commencement or completion of the Wildfire Hardening work.
(b) "Good cause" does not include (i) ignorance of the applicable City ordinances or regulations concerning the Wildfire Hardening rebate provided in this chapter or state or local laws relating to the standards with which wildfire hardening work must comply; or (ii) any delays which were within the control or responsibility of the applicant.

Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

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Implementar
Safer from Wildfires
puede ayudarle con su seguro
Proteja su hogar
o empresa
Proteja a
toda la comunidad
Proteja el
entorno inmediato
Safer from Wildfires es un enfoque básico de resiliencia ante los incendios forestales con tres niveles de protección: para la estructura, el entorno inmediato y la comunidad. Seguir estos pasos factibles puede ayudarle a ahorrar dinero en su seguro.

Safer from Wildfires fue creado mediante una alianza interinstitucional entre el comisionado de seguros Ricardo Lara y los organismos de preparación y respuesta ante emergencias de la administración del gobernador Gavin Newsom.

Obtenga más información en insurance.ca.gov
440
3 maneras de empezar Safer from Wildfires
¿No sabe por dónde empezar? Aquí tiene 3 medidas de bajo costo que puede adoptar hoy mismo.

Mantenga las brasas afuera
Instale mallas metálicas no inflamables
y resistentes a la corrosión de 1/16 a 1/8 de
pulgada sobre los conductos de ventilación
del ático para mantener las brasas sopladas
por el viento fuera de su casa.

Desbroce los primeros 5 pies
Retire la vegetación y sustituya las
astillas de madera por piedra o granito
descompuesto unos 5 pies alrededor
de la casa para evitar que el fuego
se abra paso por la puerta.

Más seguros estando juntos
Con Firewise USA, comunidades tan
pequeñas como 8 viviendas o tan
grandes como 2500 pueden crear
un plan de acción y empezar a estar
más seguras juntas. Firewise USA
es un programa reconocido a nivel
nacional con resultados comprobados,
patrocinado por la National Fire
Prevention Association.

Escanee para encontrar más recursos
Haga más, ahorre más
Cada acción realizada conforme a Safer from Wildfires le dará derecho a un descuento en el seguro.

Al hacer más, puede ahorrar más.
• Techo ignífugo de clase A
• Zona resistente a las brasas de 5 pies alrededor de la estructura • Área no inflamable de 6 pulgadas en la parte inferior de las paredes • Conductos de ventilación resistentes a las brasas y al fuego • Ventanas de doble cristal o con persianas incorporadas • Aleros cerrados
• Desbroce de vegetación y escombros bajo las cubiertas • Aleje los cobertizos y dependencias al menos 30 pies
• Pode los árboles y elimine la maleza de conformidad con las leyes estatales y locales sobre espacios defendibles
• Los barrios pueden formar una comunidad Firewise USA
• Las ciudades, condados y distritos locales pueden obtener la certificación Fire Risk Reduction Community
441

远离野火 是一种从头开始的野火复原力方法，具有三层保护——针对结构、周围环境和社区。遵
循这些可实现的步骤可以帮助您节省保险费用。
远离野火可以帮助您获得保险

远离野火 是由保险专员 Rica rdo Lara 与州长 Gavin
Newsom 政府的应急响应和准备机构之间的跨部门合
作创建的。在 insurance.ca.gov 了解更多信息

442

不知道从哪里开始？以下是您今天可以采取的 3 个低成本步骤。

防止余烬进入
在阁楼通风口上安装 1/16 至 1/8 英
寸的不燃、耐腐蚀金属网屏可以防止风
吹的余烬进入您的房屋。
清除前 5 英尺
移除绿色植物并用石头或分解的花岗岩
代替木屑，以防止火灾进入门内。

共创安全
借助 Firewise USA，小至 8 个住宅
单元或大至 2,500 个住宅单元的社区
都可以制定行动计划并开始一起变得
更加安全。Firewise USA 是一个全国
公认的项目，由美国国家防火协会赞
助，取得了良好的成果。

扫一扫查找更多资源
从开始的 3 种方法 远离野火
做得更多，节省更多
远离野火下的每一项行动都将使您有资格获得保险折扣。通过做更多，
您可以节省更多。

• A级防火屋顶
• 结构周围 5 英尺的防灰烬区
• 墙底 6 英寸不燃
• 防烬和防火通风口
• 双层玻璃窗或添加百叶窗
• 封闭式屋檐
• 清除甲板下的植被和碎片
• 将棚屋和附属建筑移至至少 30 英尺远的地方
• 修剪树木并清除灌木丛，以符合州和地方的防御性空间法
• 社区可以形成 Firewise USA 社区
• 市、县和地方区可以被认证为降低火灾风险社区

443
Safer from Wildfires was created by an interagency partnership between Insurance C
ommissioner Ricardo Lara and the emergency response and readiness agencies in Governor Gavin Newsom's administration. Learn more at insurance.ca.gov Safer from Wildfires is a ground-up approach to wildfire resilience with three layers of protection — for the structure, the immediate surroundings, and the community. Following these achievable steps can help you save money on your insurance.

Protect your home
or business
Protect the
whole community
Protect the
immediate surroundings
Safer from Wildfires
Being
Can Help With Your Insurance
444
Do more, save more
Every action under Safer from Wildfires will qualify you for an insurance discount.

By doing more, you can save more.
• Class A fire-rated roof
• 5-foot ember-resistant zone around the structure
• Noncombustible 6 inches at the bottom of walls
• Ember- and fire-resistant vents
• Double pane windows or added shutters
• Enclosed eaves
• Cleared vegetation and debris from under decks
• Move sheds and outbuildings at least 30 feet away
• Trim trees and remove brush in compliance with state and local defensible space laws • Neighborhoods can form a Firewise USA community
• Cities, counties, and local districts can become certified as a Fire Risk Reduction Community 3 Ways to Get Started with Safer from Wildfires
Don’t know where to start? Here are 3 low-cost steps you can take today.

Be safer together
With Firewise USA, communities as
small as 8 dwelling units or as big as
2,500 can create an action plan and
start being safer together. Firewise USA
is a nationally recognized program
with proven results, sponsored by the
National Fire Prevention Association.

Clear the first 5 feet
Removing greenery and replacing wood
chips with stone or decomposed granite
5 feet around your home prevents fire
from getting a foot in the door.

Scan to find more resources
Keep embers out
Installing 1/16 to 1/8 inch
noncombustible, corrosion-resistant metal
mesh screens over attic vents can keep
wind-blown embers out of your house.
445

December 17, 2024

City Council

DATE: December 17, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Council Member Doria Robinson
Vice Mayor Claudia Jimenez (co-sponsor)
Council Member Gayle McLaughlin (co-sponsor)

Subject:

Authorize emergency financial support to sustain
unhoused services at Richmond’s family shelter -GRIP
(Greater Richmond Interfaith Program)
FINANCIAL IMPACT: $500,000 loan to be repaid in full to the City in terms and funding source to be determined by City Manager

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

GRIP (Greater Richmond Interfaith Program ) is
experiencing a $500,000 funding gap which threaten s to shut down and/or dramatically decrease much-needed
unhoused services they provide in Richmond . Providing
emergency financial support through a $500,000 loan to
be repaid in full to the City in term s to be determined by City Manager , provides GRIP the time they need to
successfully fundraise to fill this funding gap.

RECOMMENDED ACTION:

AUTHORIZE the city manager to negotiate and execute
an emergency, short-term, no-interest loan agreement for $500,000 with GRIP to ensure uninterrupted family
homeless shelter and emergency warming center for
Richmond’s unhoused residents - Vice Mayor Clau dia
Jimenez (510 -620-6565), Councilmembers Doria
AGENDA
REPORT
446

December 17, 2024
Robinson (510 -620-6568) and Gayle McLaughlin (510 -
620-6636).

DISCUSSION:

GRIP is a multi-cultural, multi-ethnic coalition of congregations from varied faiths working together as a diverse and inclusive coalition dedicated to helping those of our community in need to transition to self -sufficiency. Their mission is to provide a safe & nourishing place that helps transform those who are unsheltered and in need to move toward self- sufficiency.

GRIP is experiencing a pressing $500,000 funding gap which is threatening to shut down and/or dramatically decrease much-needed unhoused servic es they provide in Richmond, including but not limited to the only family shelter in Richmond, warming center, soup kitchen, and emergency food pantry.

Over the years, GRIP has evolved from a small community food pantry to a multiservice agency, which se rves 15,000 homeless, hungry, and low -income residents annually. GRIP has earned a reputation as a trusted housing and service provider with a proven track record for making inroads with individuals who have histories of chronic homelessness.

GRIP, equally, is noted for being fiscally responsible and transparent in accounting practices and reporting. GRIP maintains lines of open communication with its donors, funders, and community supporters. In order to give GRIP the time they need to successfully fundraise to fill this funding gap we would like to request City Council support for the City Manager to work with GRIP on negotiating and executing an emergency, short-term, no-interest loan agreement.

DOCUMENTS ATTACHED:

None.
447

December 17, 2024

City Council

DATE: December 17, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Councilmember Doria Robinson
Vice Mayor Claudia Jimenez (co-sponsor)
Councilmember Gayle McLaughlin (co-sponsor)

Subject:

Create a plan to offer simultaneous Spanish -English
translation during all Richmond City Council Meetings
starting in FY 25-26
FINANCIAL IMPACT: The full cost of this initiative is currently unknown but should become known as a part of the project
development.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

As demographics in Richmond continue to change it is
important that we take steps to make sure that important city governance meetings such as City Council meetings
are linguistically accessible.

The intent is to begin by offering simultaneous translation for the second largest linguistic group, Spanish speakers both for those who would like to listen to Council meetings in person and or would like to speak i n person at council meetings, as well as offering a similar simultaneous
translation service via zoom.

Although the first area of focus for this plan and its
implementation will be for Spanish speakers this plan
should also set up a clear process for pe ople who speak other languages used in Richmond such as Laotian,
AGENDA
REPORT
448

December 17, 2024
Arabic, Mandarin, or Hindi to name just a few, to request translations services in advance of a meeting that they would like to participate in.

RECOMMENDED ACTION:

DIRECT city staff to 1) research solutions other
jurisdictions are using to offer simultaneous translation services during Council meetings, 2) create a plan to offer, at minimum, simultaneous Spanish -English translation in person, and on zoom at every council meeting, 3) set up a clear system for those who speak languages other than
Spanish and want to participate in a City council meeting to request FREE translation support in advance of a City Council meeting. Translation service requests should offer an online, telephone and in person option through the
clerk’s office, 4) to make available by request translation of meeting agendas, within a reasonable time frame, into languages other than English, 5) to, at minimum, make
sure that starting 1/1/26 Spanish subtitles are available for all KCRT City Council meeting recordings, 6) to research, draft and include in the FY 25 -26 budget the funding
necessary to support this plan, and 7) to complete the
execution of this plan by December 31, 2025 so that new language access services could start as soon as, or
sooner than, January 1, 2026 - Vice Mayor Claudia
Jimenez (510 -620-6565), Councilmembers Doria
Robinson (510 -620-6568) and Gayle McLaughlin (510 -
620-6636).

DISCUSSION:

This item seeks to develop an actionable plan to begin offering in-person and online simultaneous translation so all Richmond residents can directly access and fully participate in City Council meetings.

As demographics in Richmond continue to change it i s important that we take steps to make sure that important city governance meetings such as City Council meetings are linguistically accessible.

Currently, over 44% of the population identify as Hispanic. According to the US Census Bureau, 38.3% of the population of Richmond, California speak Spanish at home and more and more residents are monolingual Spanish speakers. It is important to make sure that these residents can fully participate in the civic life, discussions and decision making that affect their families, homes and neighborhoods.

449

December 17, 2024
A strong and united Richmond focused on working together to bring forward and solve the issues that face our community needs the full participation of all Richmond residents, not only those who are fluent English speakers.

The intent is to begin by offering simultaneous translation for the second largest linguistic group, Spanish speakers both for those who would like to listen to Council meetings in person and or would like to speak in person at council meetings, as well as offering a similar simultaneous translation service via zoom.

With the prevalence of low-cost transmission devices and certified translators and zoom based translations services it is now possible to offer simultaneous in -person and online translation for residents.

So that all Richmond residents can directly access and fully participate in City Council meetings, this item seeks to develop an actionable plan to begin offering in -person and online simultaneous translation with the following steps:

1. Research solutions other jurisdictions are using to offer simultaneous translation services during Council meetings.

2. Create a plan to offer, at minimum, simultaneous Spanish -English translation in person, and on zoom at every council meeting.

3. Set up a clear system for those who speak languages other than Spanish and want to participate in a City council meeting to request FREE translation support in advance of a City Council meeting. Translation service requests should offer an online, telephone and in person option through the clerk’s office.

4. To make available by request translation of meeting agendas, within a reasonable time frame, into languages other than English.

5. To, at minimum, make sure that starting 1/1/26 Spanish subtitles are available for all KCRT City Council meeting recordings.

6. To research, draft and include in the FY 25 -26 budget the funding necessary to support this plan.

7. To complete the execution of this plan by December 31, 2025 so that new language access services could start as soon as, or sooner than, January 1, 2026.

Without translation services offered by professional, certified translators, monolingual Spanish speaking Richmond residents are either left out of the public discourse, or are forced to unfairly rely on f riends, family or their minor children to help them express themselves on important civic issues. And it is often unknown if the translation is accurate.

Although the first area of focus for this plan and its implementation will be for Spanish speakers t his plan should also set up a clear process for people who speak other languages used in Richmond such as Laotian, Arabic, Mandarin, or Hindi to name just a few, to request translations services in advance of a meeting that they would like to participate in.

450

December 17, 2024
We are also requesting staff investigate new AI simultaneous translations services to see if such services could be a cost-effective way to increase language access to City Council meetings.

DOCUMENTS ATTACHED:

None
451

December 17, 2024

City Council

DATE: December 17, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Council Member Cesar Zepeda

Subject:

Railroad Crossings Grant Writer -a multi district effort that prioritizes neighborhoods with limited emergency access FINANCIAL IMPACT: All departments that utilize on -call grant support services will be responsible for appropriating funding for these services from their approved fiscal year operating budgets (Object Code 400201).

PREVIOUS COUNCIL
ACTION:

On-call List for Qualified Consultants for Grant Writing, Grant Seeking, and Other Grant Related Service
- October 1, 2024
Adopted Resolution No. 106-24- October 1, 2024

STATEMENT OF THE
ISSUE:

For many years multiple Richmond communities have
been impacted by trains blocking the ingress and egress, and the various neighborhoods emergency access. A
grant writer is needed to pursue the billions of federal grant funding available to help build underpasses/ overpasses to create better connectivity of communities without trains dividing our community.

RECOMMENDED ACTION:

DIRECT staff to utilize a grant writer from the 18 pre - approved vendor list to provide on-call grant writing, grant seeking, or other grant-related services to pursue railroad crossing elimination program funding, federal funding,
state funding, and funding from the Federal Railroad
Administration, on an as needed basis, for a thr ee-year term expiring September 30, 2027, with two one -year
options to extend, and a not to exceed total expenditure of AGENDA
REPORT
452

December 17, 2024
$100,000 per firm annually and to come back to City
Council with a selected grant writer by February 2025.

Direct the City Manager to designate a Project Manager to help manage the grant writer and manage funding for the projects at the various identified locations and to have grant writer identified and applied for grant by June 2025.

Council Member Cesar Zepeda (510-620-6593).

DISCUSSION:

For many years multiple Richmond communities have been impacted by trains blocking the ingress and egress, and the various neighborhoods emergency access. Billions of federal funding are available for our City to pursue grants to help build underpasses/ overpasses to create better connectivity of communities without trains dividing our community.

To support City departments in successfully pursuing and receiving grant funding, the City Manager’s Office released a Request for Qualifications in March 2024, to create a prequalified eligibility list of individuals, consulting firms, or teams to seek, evaluate, and/or prepare grant proposals for individual or a collaboration of City department(s).

On October 1, 2024 City Council adopted Resolution No. 106-24 approving eighteen (18) firms to provide on-call grant writing, grant seeking, or other grant-related services to City departments, on an as needed basis, for a three-year term expiring September 30, 2027, with two one-year options to extend, and a not to exceed total expenditure of $100,000 per firm annually.

The following firms on the preapproved vendor list for utilization:

453

December 17, 2024

DOCUMENTS ATTACHED:

Attachment 1 – Resolution No. 106-24
Attachment 2 – City Council Meeting Minutes- October 1, 2024 Item N.2.a 454

October 1, 2024

Department

DATE: October 1, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Shasa Curl, City Manager
Patrick Seals, Administrative Chief
Subject:

On-call List for Qualified Consultants for Grant Writing, Grant Seeking, and Other Grant Related Service
FINANCIAL IMPACT: All departments that utilize on-call grant support services will be responsible for appropriating funding for these services from their approved fiscal year operating
budgets (Object Code 400201).

PREVIOUS COUNCIL
ACTION:

November 20, 2018

STATEMENT OF THE
ISSUE:

In an effort to support City departments in successfully pursuing and receiving grant funding, the City Manager’s Office released a Request for Qualifications in March
2024, to create a prequalified eligibility list of individuals, consulting firms, or teams to seek, evaluate, and/or
prepare grant proposals for individual or a collaboration of City department(s).

RECOMMENDED ACTION:

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

AGENDA
REPORT
455

October 1, 2024

DISCUSSION:

City staff are requesting that City Council adopt a resolution, establishing a pre-qualified list of eligible consulting firms, or teams to provide grant writing, grant seeking, or other grant related services (Attachment 1). The City Manager’s Office would like to support the effort of City departments to successfully pursue and receive grant funding, with the goal of achieving:

 Funding that helps departments reach their objectives  Funding opportunities for activities that would otherwise be financed by the General Fund
 Funds to cover one-time costs, versus ongoing operational costs  Funding opportunities to departments that would not be able to respond in a timely manner due to lack of staff, grant writing expertise, or workload constraints  Funding for collaborative efforts with multiple departments, agencies, community- based organizations and/or other jurisdictions
 Opportunities to leverage significant additional resources

The City of Richmond continues its practice of taking advantage of granting opportunities to support operations, programs, and capital improvement projects. Major sources of grant awards are federal, state, local agencies, and private organizations.

Grants differ based on the funding source, scope of work, requirements, and timelines.

To that end, engaging a list of experienced consulting firms to support City Staff’s efforts to procure grant funding enables City staff to move more projects forward and off-set General Fund expenditures.

Background
In 2018, the Finance Department released and received proposals for grant writing supportive services. Ultimately, four (4) firms were recommended, approved, and placed on a pre-approved vendor list by Resolution No. 90-18. The pre-approved list was available beginning in 2018 and expired in December 2023, so City staff is re- initiating the pre-approval listing for grant writing support through 2029.

Solicitation and Review
The City Manager’s Office issued a Request for Qualification (RFQ) on March 28, 2024, through the City of Richmond's BidsOnline system (Attachment 2). A total of 53 vendors were notified (Attachment 3). The firms submitted proposals in response to the RFQ by May 2, 2024. Each proposal included information regarding pricing and budget, qualifications, references, and experience providing grant seeking services to public agencies, including an indication of whether grant funds were awarded.

Twenty (20) firms responded to the RFQ, and after the review of the proposals by City staff members from the City Manager’s Office, Employment and Training, Literacy for Every Adult Program (LEAP), and the Office of Neighborhood Safety (ONS), the following eighteen (18) firms scored an average of 70 points or higher out of 100 points. 456

October 1, 2024
Consequently, the following firms are being recommended for placement on the pre- approved vendor list for City Council consideration (Attachment 4):

Proposed On-call grant vendors:

Ardurra BKF Engineers California Consulting Inc.,
The Canna Mind CRPA Strategies Inc. Eleventh House Solutions Engineering Solutions
Services Evan Brooks Associates Glen Price Group
Interwest Group Intuitive Group, LLC Linscott, Law and
Greenspan Engineers
Momentum PLACEWORKS Renne Public Policy Group
Rincon Consultants Inc. RDA Consulting and Witt O’Brien’s LLC

On-call Grant Services
Tasks that may be included in a contract scope of work with consultants include, but may not be limited to the following:
 Developing overall grant outline
 Working with appropriate department staff to determine writing assignments, including providing a prediction of how much City staff time is needed at the beginning of each project
 Providing the department project manager with a list of stakeholders that the firm would need to contact, and any relevant information required  Taking the lead in scheduling meetings, bringing together stakeholders, and obtaining relevant information from multiple stakeholders  Ensuring that all required components of the proposal are included in the submission, ensuring adherence to grant evaluation criteria  Providing budget guidance and justifications in alignment with City policies and personnel guidelines and conformance with grant solicitation requirements  Editing draft proposals for consistency of messaging, ensuring integration of grant requirements and succinctness before department final review and submittal to granting agency
 Organizing facts, data, statistics, and narratives collected and written as part of assigned projects and making those items available to the department for future use
 Providing the department with regular grant forecasts and timely suggestions of which grants to pursue based on the priorities of the City and other City needs, interests, and capacity
 Providing training and support opportunities that are high quality and relevant to grant writing and funding development to local community-based organizations and nonprofits in Richmond
457

October 1, 2024
 Providing training and capacity-building opportunities for City staff and non-profits as necessary to improve fiscal and administrative services for grant-funded programs awarded.

Process and Contracting
The City Manager’s Office staff will make each proposal accessible to all department staff to review and select a consultant from the list of pre-approved consultants, as needed. City departments will be able to negotiate and enter into contracts with approved consultants for a contract amount not to exceed $100,000 per vendor per year.

In the event that the not-to-exceed amount of $100,000 per vendor per year is exceeded, the department will be required to take the contract before City Council for approval. City Manager staff will inform all consultants and departments of this requirement and require that departments check the amount. If needed, the qualified consultant list for grant-related services may be modified to include new vendors at the end of each fiscal year. This will be done by reissuing the RFQ through the BidsOnline system. At that time, a modified list will be brought before City Council for review and approval.

ATTACHMENTS:

Attachment 1 – City Council Resolution for Qualified Grant Consultant List Attachment 2 – Request for Qualifications (RFQ)
Attachment 3 – BidsOnline Project Report
Attachment 4 – Rating Scoring Sheet

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1 RICHMOND, CALIFORNIA,

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

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

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

B. ROLL CALL

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

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

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

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

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

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

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

H. ROLL CALL

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

Absent: None.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
Item P .4 - (Presentation of the Richmond Green Blue New Deal Opportunities Report) was heard after Item P .1. - (Arts Corridor Project Strategic Plan Presentations); continued Item N.5.a. - (Amend the position control list and allocate the necessary funding as required) to the October 15, 2024, City Council meeting.

K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

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

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

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

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

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
460

3 A status report was given. No reportable action was taken.

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

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

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

Link to review: SEPTEMBER 2024 NEW EMPLOYEE REPORT
M. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited) - PLEASE KEEP YOUR COMMENTS RESPECTFUL!!
Cordell Hindler gave comments regarding the city council's behavior at the last meeting.

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

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

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

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

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

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

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

Ben Therriault gave comments regarding the effectiveness of community policing and how it could not be successful with the current number of officers and the defund the police movement.

461

4 N. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
The approval of the Consent Calendar did not include Item N.5.a - (Amend the position control list and allocate the necessary funding as required).

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

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

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

Adopted Resolution No. 106-24.

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

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

462

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

Adopted Ordinance No. 09-24 N.S.

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

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

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

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

Adopted Resolution No. 107-24.

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

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

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

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

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

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

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

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

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

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

Adopted Resolution No. 108-24.

464

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

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

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

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

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

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

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

P. NEW BUSINESS
P.1 Arts Corridor Project Strategic Plan Presentations
RECEIVE a presentation from Ceres Policy Research team and Richmond Renaissance team regarding the Arts Corridor Project Strategic Plan; RECEIVE direction regarding the finalization of the criteria used by City Council to select the final vendor; and DIRECT staff to return to City Council on October 15, 2024, with results of the scoring and award of the contract to either the Ceres Policy Research team or the Independent Arts and Media as Fiscal Agent for Richmond Renaissance to develop a Strategic Plan for a sustainable Art Corridor, in an amount not to exceed $50,000 - Economic Development Department (Nannette Beacham/Winifred Day 510-620-6952).
465

8 Economic Development Director Nanette Beacham and Deputy City Manager LaShonda White gave an overview.

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

Discussion ensued.

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

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

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

Deputy City Manager Lashonda White gave an overview.

Emily Ross gave comments via Zoom. Discussion ensued.

A motion was made to approve the item as recommended (RECEIVE a presentation regarding the Richmond Paratransit Audit commissioned by the Contra Costa Transportation Authority; APPROVE the City of Richmond’s responses to the Audit and the Performance Improvement Plan; and AUTHORIZE the reduction of the cost pool amount allocated to the Richmond Paratransit Program by $351,000 in Fiscal Year 2024-25 which would increase the General Fund’s obligation by $351,000. The council also requested a report at a future city council meeting on the Paratransit program.

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

466

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

Councilmember Robinson gave an overview.

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

Adopted Resolution of Intent No. 925
Motion by Councilmember Doria Robinson
Seconded by Councilmember Gayle McLaughlin
Ayes (7): Councilmember Soheila Bana, Councilmember Gayle McLaughlin, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez Passed (7 to 0)

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

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

Link to view presentation: RICHMOND GREEN BLUE NEW DEAL

PRESENTATION
Cordell Hindler, and Jamin Pursell gave comments in person. Diana Wear, Don Thompson, and Kerby Lynch gave comments via Zoom.

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

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

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

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

Motion by Councilmember Gayle McLaughlin
Seconded by Vice Mayor Claudia Jimenez
467

10 Ayes (4): Councilmember Gayle McLaughlin, Councilmember Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez
Noes (1): Councilmember Doria Robinson
Abstentions (1): Councilmember Soheila Bana
Absent (1): Councilmember Melvin Willis
Passed (4 to 3)

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

Councilmember Bana gave an overview.

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

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

Q. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per
Councilmember)(public comments allowed under Open Forum) None.

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

Clerk of the City of Richmond Mayor

468
469
470

December 17, 2024

City Council

DATE: December 17, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Council Member Cesar Zepeda

Subject:

Development of Parchester Area Infrastructure Plan and
Interim Drainage Measures
FINANCIAL IMPACT: The estimated cost to develop the Parchester Area Infrastructure Plan is $400,000. Funding for this plan will need to be identified and approved by the City Council as part of the upcoming budget cycle. Given the limitations of the Storm Drainage Enterprise Fund, it is anticipated that funding will need to come from the General Fund , grant opportunities, or requested in Spring 2025 through Public Works CIP funding process to offset the cost.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The Parchester Village neighborhood faces significant
storm drainage challenges, exacerbated by aging
infrastructure, unique design constraints, and
environmental factors such as King Tides. During heavy
rain events, flooding in the area creates hazardous
conditions for residents and impacts accessibility,
particularly along critical routes like Collins Avenue.

RECOMMENDED ACTION:

DIRECT City staff to collaborate with Veolia to implement short-term measures addressing drainage challenges in
Parchester Village during the upcoming rainy season and DIRECT City staff to prepare the scope, timeline, and cost estimate for a comprehensive Parchester Area
Infrastructure Plan to identify long -term solutions and present planning details and a timeline to the Water
AGENDA
REPORT
471

December 17, 2024
Recovery Ad Hoc Committee in Q1 of 2025 and return to
the City Council during the spring 2025 budget cycle for consideration as part of the Capital Improvement Program (CIP). Council Member Cesar Zepeda (510-620-6593).

DISCUSSION:

The Parchester Village neighborhood is an older community with significant infrastructure challenges due to its age, location, and unusual original designs. The storm drainage system in this area has long been a source of concern, particularly during heavy rain events when it struggles to function effectively.

Portions of the system, including above-ground pipes, highlight potential challenges with achieving gravity -based drainage. Additionally, environmental factors, such as King Tides, further complicate the system’s performance, as it drains directly into the bay.

These issues have serious implications for the safety and accessibility of the neighborhood. Flooding, especially along Collins Avenue —Parchester’s main ingress and egress —poses risks to reside nts and emergency responders. This is further exacerbated by the frequent blockages caused by passing trains, creating a combination of safety concerns that must be addressed.

In the short term, staff should collaborate with Veolia to implement interim mea sures to manage drainage during the upcoming rainy season. Proactive monitoring, emergency drainage interventions, or temporary modifications may help mitigate the impacts of severe weather while a long-term solution is developed.

Long-term solutions, the City should develop a Parchester Area Infrastructure Plan to assess the storm drainage system and other infrastructure needs comprehensively. This plan should include:
 A detailed evaluation of existing conditions , identifying the underlying causes of the drainage challenges and other infrastructure deficiencies.  Recommendations for long -term solutions, including the potential integration of storm drainage improvements with other upgrades, such as curb, gutter, sidewalk, and roadway enhancements.
 Phased impl ementation strategies to address both immediate and long -term priorities for the community.
472

December 17, 2024
This plan should eventually be put out to bid through a Request for Proposals (RFP) to engage a qualified consultant. Staff should develop the scope of the study, e stimate the timeline for its preparation, and determine the associated costs. These details should be presented to the Water Recovery Ad Hoc Committee in Q1 of 2025 and to City Council for consideration in spring 2025, as part of the broader discussion of Capital Improvement Program (CIP) priorities during the budget process.

Given the limitations of the City’s Storm Drainage Enterprise Fund, it is clear that substantial improvements in this area will require General Fund support or alternative funding sources. Staff should also explore grant opportunities to offset costs, though it is acknowledged that obtaining drainage-related funding can be particularly challenging.

In the short term, staff should collaborate with Veolia to implement interim measures to manage drainage during the upcoming rainy season. Proactive monitoring, emergency drainage interventions, or temporary modifications may help mitigate the impacts of severe weather while a long-term solution is developed.

A Parchester Area Infrastructure Plan represents a crucial opportunity to address the neighborhood’s pressing needs in a systematic, data -driven way and to ensure that residents have safe, reliable infrastructure for years to come.

DOCUMENTS ATTACHED:

None
473

December 17, 2024

City Council

DATE: December 17, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Council Member Cesar Zepeda
Subject:

Resolution Declaring the City of Richmond a Sanctuary
City for Transgender People
FINANCIAL IMPACT: No known financial impact to the City

PREVIOUS COUNCIL
ACTION:

Proclamation Recognizing Transgender Day of
Remembrance - October 22, 2024
Proclamation Recognizing June as LGBTQI+ Pride
Month - May 28, 2024

STATEMENT OF THE
ISSUE:

In preparation of future legislation that may criminalize those providing or seeking gender -affirming care ,
transgender individuals need a place of safety that
ensures the rights of transgender individuals are upheld and equally protected , and that no city resources -
including staff time - would be used to detain individuals seeking care, or otherwise to cooperate with jurisdictions seeking to enforce laws criminalizing gender affirming care in other jurisdictions.

RECOMMENDED ACTION:

ADOPT a resolution to declare the City of Richmond a
sanctuary city for transgender individuals seeking gender- affirming care and to extend protections to providers who offer gender-affirming care and that no city resources - including staff time - would be used to detain individuals seeking or providing care, or otherwise to cooperate with jurisdictions seeking to enforce laws criminalizing gender- AGENDA
REPORT
474

December 17, 2024
affirming care in other jurisdictions. Councilmember Cesar Zepeda (510-620-6593).

DISCUSSION:

California has been a leader in protecting the rights of transgender individuals to access care, but many states across the nation are moving in the opposite direction. In preparation of future legislation that may criminalize those providing or seeking gender - affirming care and given the Council’s stated values of equity and inclusion, it is important for the City of Richmond to be proactive in reiterating our commitment to transgender rights and equal pro tections for transgender people by declaring ourselves a sanctuary city and a place of safety for transgender people.

The State of California passed SB 107 in 2022 protecting individuals seeking sanctuary from out-of-state prosecution and explicitly prohib its law enforcement agencies from knowingly making or participating in the arrest or extradition of an individual pursuant to an out -of-state arrest warrant based on another state’s law against receiving gender- affirming healthcare in California.

As of th e date of this legislation, California law does not restrict access to gender - affirming healthcare and bans insurance exclusions for gender -affirming healthcare .

However, other states may adopt or expand laws that impose criminal punishment, civil liability, administrative penalties, or professional sanctions on healthcare professionals who provide gender-affirming healthcare and on persons who seek, receive, or assist another in receiving gender-affirming healthcare in the City of Richmond.

This resolutio n would also resolve to ensure the rights of transgender individuals in Richmond are upheld, and that no city resources – including staff time – would be used to detain individuals seeking care, or otherwise to cooperate with jurisdictions seeking to enforce laws criminalizing gender-affirming care in other jurisdictions.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution

475

Reso. No. _____

DocID #30853v4
RESOLUTION NO. ______

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

CALIFORNIA, DECLARING THE CITY OF RICHMOND A SANCTUARY CITY

FOR TRANSGENDER PEOPLE

WHEREAS, as of the date of this legislation, California law does not restrict access to gender - affirming health care and bans insurance exclusions for gender-affirming healthcare;

WHEREAS, other states may adopt or expand laws that impose criminal punishment, civil liability, administrative penalties, or professional sanctions on health care professionals who provide gender affirming health care and on persons who seek, receive, or assist a nother in receiving gender - affirming health care in the City of Richmond;

WHEREAS, the State of California passed SB107 in 2022 protecting individuals seeking sanctuary from out-of-state prosecution and explicitly prohibits law enforcement agencies from k nowingly making or participating in the arrest or extradition of an individual pursuant to an out-of-state arrest warrant based on another state’s law against receiving gender affirming health care in California;

WHEREAS, for the purpose of this resolutio n, “gender -affirming health care” and “gender - affirming mental health care” shall have the same meaning as provided in Section 16010.2 of the California Welfare and Institutions Code.

(A) “Gender affirming health care” means medically necessary health care that respects the gender identity of the patient, as experienced and defined by the patient, and may include, but is not limited to, the following:

(i) Interventions to suppress the development of endogenous secondary sex characteristics. (ii) Interventions to align the patient’s appearance or physical body with the patient’s gender identity.
(iii) Interventions to alleviate symptoms of clinically significant distress resulting from gender dysphoria, as defined in the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition.

(B) “Gender affirming mental health care” means mental health care or behavioral health care that respects the gender identity of the patient, as experienced and defined by the patient, and may include, but is not limited to, developmentally appropriate exploration and integration of identity, reduction of distress, adaptive coping, and strategies to increase family acceptance.

WHEREAS, gender-affirming health care has been proven to be evidence -based, medically necessary, and lifesaving by the American Medical Association, the American Academy of Child and Adolescent Psychiatry, the American Academy of Pediatricians, the Endocrine Society, the American Psychiatric Association, and the World Professional Association for Transgender Health, amongst other institutions;

WHEREAS, studies have shown that gender transition, including access to gender-affirming health care, improves the overall wellbeing of transgender people and access to gender-affirming health care for youth is associated with better mental health outcomes and lower risks of suicide;

WHEREAS, over 94 percent of LGBTQ+ youth surveyed by the Trevor Project in late 2021 said recent politics have negatively impacted their mental health, and 93 percent of tr ansgender and nonbinary 2024-003 youth surveyed by the Trevor Project in 2022 said they have worried about transgender people being denied access to gender affirming medical care due to state or local laws;

WHEREAS, multiple health care institutions acros s the country have scaled back or have considered scaling back gender -affirming health care services in response to legal challenges, perception of legal risk, harassment, or threats of violence;

WHEREAS, there are institutions providing gender-affirming health care in the State of California located in the City of Richmond, and local advocates already report long waitlists and difficulty accessing medically necessary gender-affirming healthcare; 476

Reso. No. _____

DocID #30853v4

WHEREAS, the City of Richmond has consistently declared its commitment to furthering transgender equity and supporting its growing transgender community;

WHEREAS, health care professionals providing as well as persons seeking, receiving, or assisting another individual who is seeking or receiving gender-affirming health care in the City of Richmond should be protected from attempts to impose criminal punishment, civil liability, administrative penalties, or professional sanctions based on the laws of other states when gender-affirming health care is lawful in the State of California and meets standards for good professional practice; and

WHEREAS, it is necessary and appropriate to exercise the authority vested in the City of Richmond Charter, including the coordinated and integrated direction, supervision, and control of all City of Richmond departments, boards, commissions, and other agencies, to protect health care professionals and persons lawfully seeking, receiving, and assisting another individual in seeking or receiving of gender-affirming health care in the City of Richmond.

NOW THEREFORE BE IT RESOLVED:

SECTION 1.

Declaration of Sanctuary for Transgender People.

A. The City of Richmond hereby reiterates its commitment to transgender, nonbinary, and intersex rights and equal protections for transgender community members and declares itself a sanctuary city and a place of safety for transgender people.

B. The City of Richmond recognizes the importance of gender-affirming health care as a matter of health, privacy, and equality and to ensure, to the greatest extent permitted by law, that those rights are upheld for all people living, working, or seeking services within the City of Richmond.

SECTION 2.

Use of City Resources.

A. No city resources, including but not limited to, time spent by employees, officers, contractors, or subcontractors while on duty, or the use of city property, shall be utilized for detaining persons for seeking or providing gender-affirming health care or mental health care, or aiding in the seeking or provision of gender-affirming health care or mental health care, which includes such activities as gender affirmation surgery or gender hormone therapy.

B. No city resources shall be utilized for cooperating with or providing information to any individual or out-of-state agency or department regarding the provision of lawful gender- affirming health care or gender -affirming mental health care performed in the state of California unless required by California law.

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

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

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

AYES: AYES:

NOES:

ABSTENTIONS:

477

Reso. No. _____

DocID #30853v4
ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor

Approved as to form:

City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }

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

_______________________________________
Pamela Christian, Clerk of the City of Richmond
478

December 17, 2024

Community Development

DATE: December 17, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

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

Subject:

Encampment Resolution Funding Round 3 Award
Acceptance and Appropriation
FINANCIAL IMPACT: The City was awarded a $9,336,746 grant that would assist the City in providing services to support people living in encampments throughout the city to safe and
stable housing pathways.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The City of Richmond applied for and was awarded an
Encampment Resolution Funding Round 3 award (ERF-
3-R) to provide cross-systems collaboration and service strategies to help people experiencing homelessness
within City encampments to transition out toward safe
and stable housing pathways. City staff is seeking
Council authorization to accept and appropriate the ERF- 3-R award into the Housing budget.

RECOMMENDED ACTION:

ADOPT a Resolution accepting and appropriating a
$9,336,746 Encampment Resolution Funding Round 3
(ERF-3-R) award to provide services and support for
people living in Citywide encampments onto paths to safe and stable housing, and employment opportunities –
Community Development Department (Lina
Velasco/Jesus Morales 510-620-6649).

AGENDA
REPORT
479

December 17, 2024
DISCUSSION:

In April 2024, the City applied for Encampment Resolution Funding (ERF) Round 3 seeking resources from the State of California to fund a local demonstration project, which would provide services to address the immediate crisis of experiencing unsheltered homelessness in encampments, and support people living in encampments onto paths to safe and stable housing.

Successful grantees are to design a demonstration project that builds the capacity to provide relevant and responsive services to individuals experiencing homelessness in encampments. The project will support cross-systems collaboration and service strategies to help people experiencing homelessness transition out of encampments toward safe and stable housing pathways. Activities will also support efforts to restore encampment sites to their original state and intended purposes, but the activities must prioritize protecting the health, safety, and well-being of the individuals who had been living in the encampments.

Summary of Richmond’s ERF-3-R Project

The City of Richmond was awarded its third Encampment Resolution Funding grant by the CA Department of Housing and Community Development in October 2024. The ~$9.3 million award will support city residents experiencing homelessness in encampments and recognizes Richmond’s innovation and commitment to moving people who are unsheltered into housing. The three-year project will provide outreach; case management; housing navigation; income development; literacy and vocational training; and job placement to 165 people and aims to transition 90 people into stable housing. The ERF grant program is competitive and Richmond’s ERF-3 proposal was heavily informed by the successes and limitations of the city’s prior experiences resolving encampments, including ERF-1 and ERF-2 projects.

Faced with high area rents, a shortfall of affordable housing, and an absence of vouchers, most people who are supported by Richmond’s Community Development Department with ERF funds must secure sustainable income to avoid returning to homelessness. To meet that need with its ERF-3 project, Richmond will provide income- focused case management and, for those who are able and interested, a robust vocational training program tailored specifically to empower people who have been chronically homeless to step into jobs of increasing responsibility as they stabilize and develop long-term plans. This approach, with its emphasis on supportive workforce development, grew out of the city’s experience moving more than 200 people out of encampments—those with jobs experience the most long-term stability.

At the start of the project, a Rapid Response Team will provide sustained outreach to people living at eight high-return sites, including the Greenway, Richmond Parkway, and South Garrard Blvd. Residents at the sites will move in cohorts into our project’s navigation center, an interim housing site where people will be connected with healthcare and supportive services. As they stabilize, meet with case managers, and develop plans for generating income and moving into permanent housing, they will be provided vocational case management, job training, and skill building. 480

December 17, 2024

One of the keys to Richmond’s success in moving people from the streets into authentic solutions are its monthly “Staying on Your Feet” meetings where people who have been homeless come together, learn critical life skills, build community, and help each other forge new paths.

Of the $9.3 million (which was the City’s total request), $5.7 million will be spent directly on people experiencing homelessness as salary subsidies, rental subsidies, incentives, and expenses related to housing. To ensure long-term success for people served by the project and empower ERF-3 participants to sustain their housing, our budget includes $1.1 million for a workforce development component, including vocational case management, training, and job placements, tiered to allow people to gradually adapt to increased commitments.

SYNERGISTIC POLICIES:

The Encampment Resolution Round 3 award will further the goals and policies identified within the adopted City of Richmond Homelessness Strategic Plan. Specifically, the grant project would provide funding for implementation of Action Step 1.4: Expand case management and other care-related individualized services directly in encampments to build connections for unsheltered individuals to have access to an expanded array of opportunities and resources for personal development, wellness and health, and financial means to secure and sustain housing, and ongoing support for long-term stabilization.

CONCLUSION:

The ERF-3-R award is needed to help address the myriad needs of the people living in citywide encampments in a holistic Housing First approach.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Draft ERF Grant Agreement

481
Reso. No. ___

RESOLUTION NO. _ _ _ _ _ _ _ _ _

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

ACCEPTING AND APPROPRIATING ENCAMPMENT RESOLUTION FUNDING ROUND 3 AWARD

WHEREAS, under the authority of Chapter 7 of Part 1 of Division 31 of the California Health and Safety Code (sections 50250 et seq.), the Encampment Resolution Funding (ERF) Program was established to increase collaboration between the Homeless Coordinating and Financing Council, local jurisdictions, and continuums of care; and

WHEREAS, ERF Program activities must comply with Housing First and Homeless Data Integration System (HDIS) data submission requirements. Pursuant to Welfare and Institutions Code (WIC) section 8256, all recipients of ERF funding shall comply with the core components of Housing First, as defined in WIC section 8255; and

WHEREAS, ERF grant recipients must participate in the statewide HDIS by entering data and information regarding individuals served by this funding, and services and housing options provided, into their local Homeless Management Information System (HMIS); and

WHEREAS, in April 2024, the City applied for ERF Round 3 seeking resources to support cross-systems collaboration and service strategies to help people experiencing homelessness within City encampments to transition out toward safe and stable housing pathways; and

WHEREAS, the City of Richmond was awarded $9,336,746 in ERF Round 3 (ERF-3- R) funds for this project.

NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Richmond authorizes the City Manager or designee to execute a standard agreement and request for funds form, and all other documents required by the California Department of Housing and Community Development, and any amendments thereto and accepts and appropriates the ERF-3- R funds.

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

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

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)

Approved:

__________________
Mayor

Approved as to form:

_______________
City Attorney
482

2. The term of this Agreement is:
483
484
City of Richmond
24-ERF-3-R-100022

EXHIBIT A
P
rogram Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Pr
ep. Date: 10-04-2024

AUTHORITY, PURPOSE, AND SCOPE OF WORK

1. Aut
hority
The S
tate of California has established the Encampment Resolution Funding Program (“ERF” or “Program”) pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code. ERF was amended by SB 197 (Statutes of 2022, Chapter 70, Sec.3-8, effective June 30, 2022).

The P
rogram is administered by the California Department of Housing and Community Development (“HCD”) in the Business, Consumer Services and Housing Agency (“Agency”). ERF provides one-time, competitive grant funds to Continuums of Care and / or Local Jurisdictions as defined below. To date, there have been three rounds of the Encampment Resolution Funding Program. This Standard Agreement governs the Rolling Disbursement in Round 3 of the ERF Program (“ERF-3-R”). For this Standard Agreement, ERF-3-R is synonymous with “ERF” or “Program” and refers to programs and grantees under Health and Safety Code 50252.1(c)(1).

Thi
s Standard Agreement along with all its exhibits (“Agreement”) is entered into by HCD and a Continuum of Care or a Local Jurisdiction (“Grantee”) under the authority of, and in furtherance of, the purpose of the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, the Notice of Funding Availability (“NOFA”) dated November 27, 2023, under which the Grantee applied, the representations contained in the Grantee’s application, HCD guidance or directives, and the requirements appearing in the statutory authority for the Program cited above.

2. Pur
pose
As st
ated in the NOFA, the Program’s objective is to fund actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments. Resolving these experiences of homelessness will necessarily address the safety and wellness of people within encampments, resolve critical encampment concerns, and transition individuals into interim shelter with clear pathways to permanent housing or directly into permanent housing, using data informed, non-punitive, low-barrier, person-centered, Housing First, and coordinated approaches. These projects must comply with the principles of Housing First as defined in Welfare and Institutions Code section 8255. Proposals may bolster existing, successful models and/or support new approaches that provide safe stable, and ultimately permanent housing for people experiencing homelessness in encampments.

Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. 485
24-
City of Richmond
ERF-3-R-100022

EXHIBIT A
P
rogram Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
P
rep. Date: 10-04-2024

3. Definitions
T
he following Encampment Resolution Funding Program terms are defined in accordance with Health and Safety Code section 50250, Subdivisions (a) – (m); A. “Additional funding round moneys” means moneys appropriated for the program in or after fiscal year 2022–23.

B. “Agency” means the Business, Consumer Services, and Housing Agency.

C. “Applicant” means a continuum of care or local jurisdiction.

D. “Continuum of Care” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.

E. “Council” means the California Interagency Council on Homelessness, previously known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.

F. “County” includes, but is not limited to, a city and county.

G. “Department” means the California Department of Housing and Community Development.

H. “Funding round 1 moneys” means moneys appropriated for the program in fiscal year 2021–22.

I. “Homeless” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.

J. “Local Jurisdiction” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.

K. “Program” means the Encampment Resolution Funding program established pursuant to this chapter.

L. “Recipient” means an applicant that receives grant funds from HCD for the purposes of the program.

M. “State right-of-way” means real property held in title by the State of California Additional definitions for the purposes of ERF program:
486
24-
City of Richmond
ERF-3-R-100022

EXHIBIT A
P
rogram Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
P
rep. Date: 10-04-2024
“Grantee” is “a Continuum of Care or a Local Jurisdiction that receives grant funds from HCD for the purposes of the program. Grantee is synonymous with “Recipient.” “
Subrecipients” or “Subgrantees” are entities that receive subawards from “Recipients” or “Grantees” to carry out part of the Program.
“
Expended” means all ERF funds obligated under contract or subcontract that have been fully paid and receipted, and no invoices remain outstanding. “
Obligate” means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using ERF funding.

Grantees must expend and obligate the funds by the statutory deadlines set forth in this Exhibit A.

4. S
cope of Work
T
his Scope of Work identifies the terms and conditions necessary to accomplish the Program’s intended objectives.

A
s detailed in Exhibit A.2, the Program’s objective is to fund grantees to implement actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments.

G
rantees will implement their ERF funded local proposals in compliance with the terms and conditions of this Agreement, the NOFA under which the Grantee applied, the representations contained in the Grantee’s application, HCD guidance and directives, and the requirements per the authorizing statute.

E
xpenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.

Permissible eligible uses and activities are detailed below in Exhibit B, Budget Details and Payment Provisions.

G
rantees are expected to be close partners with HCD. This means timely and accurate reporting, candid communication of successes and challenges, and availability of persons, information, or materials.

Q
uarterly reporting requirements are detailed below in Exhibit D.4, Reporting, Evaluation, and Audits.

F
iscal deadlines are detailed below in Exhibit A.6, Effective Date, Term of Agreement, and Deadlines.
487
24-
City of Richmond
ERF-3-R-100022

EXHIBIT A
P
rogram Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
P
rep. Date: 10-04-2024
Grantees shall complete a Final Work Product (as detailed below in Exhibit A.6.D) and participate in a program evaluation regarding their implementation of ERF awards. To support this effort, HCD will make Technical Assistance available.

HCD
maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and HCD’s discretion in making these determinations are absolute and final.

5. HCD
Contract Coordinator
HCD
’s Contract Coordinator for this Agreement is HCD’s Grant Program Design Section Chief or the Grant Program Design Section Chief’s designee. Unless otherwise instructed, any communication shall be conducted through email to the HCD Contract Coordinator or their designee. If documents require an original signature, the strongly preferred form is an e-Signature in accordance with the Uniform Electronic Transactions Act (UETA). If an Awardee is unwilling or unable to sign a document electronically, HCD shall accept wet or original signed documents. These documents containing wet signatures should be both mailed to HCD and scanned and emailed as instructed. State law or policy may require the use of wet signatures for specific documents. The Representatives during the term of this Agreement will be:

PROGRAM GRANTEE
ENTITY: California Department of Housing
and Community Development City of Richmond
SECTION/UNIT: Policy and Program Support
ADDRESS: 651 Bannon Street, Suite 400
Sacramento, CA, 95811
450 Civic Center Plaza,
Richmond, California 94804

CONTRACT
COORDINATOR Jeannie McKendry Lina Velasco
PHONE
NUMBER: (916) 490-9589
(510) 620-6841
EMAIL
ADDRESS:

[email protected]
[email protected] [email protected] 488
24-
City of Richmond
ERF-3-R-100022

EXHIBIT A
P
rogram Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
P
rep. Date: 10-04-2024
The Department reserves the right to change their HCD Contract Coordinator, designee, contract administering entity, and / or contact information at any time with reasonable notice to the Grantee.

A
ll requests to update the Grantee information listed within this Agreement shall be emailed to the HCD grant’s general email box at
[email protected].

N
otice to either party may be given by email. Such notice shall be effective when received as indicated on email. Changes to the HCD Contract Coordinator, designee, and / or contact information or grantee information can be made without a formal amendment.

6. Effective Date, Term of Agreement, and Deadlines
A. T
his Agreement is effective upon execution by HCD, which includes signature from the Grantee and HCD. This is indicated by the HCD provided signature and date on the second page of the accompanying STD. 213, Standard Agreement.

B. P
erformance shall start no later than 30 days, or on the express date set by HCD and the Grantees, after all approvals have been obtained and the Grant Agreement is fully executed. Should the Grantee fail to commence work at the agreed upon time, HCD, upon five (5) days written notice to the grantee, reserves the right to terminate the Agreement.

C. G
rantees will continue to perform until the Agreement is terminated, including data reporting and participation in program evaluation activities, as needed.

D. T
his Agreement will terminate on April 15, 2029.

G
rantees shall submit a Final Work Product by April 1, 2028. The Final Work Product will include programmatic and fiscal data and a narrative on the outputs and outcomes of the program on a reporting template to be provided by HCD.

HCD
will review submitted Final Work Products and collaborate with Grantees to cure any deficiencies by April 15, 2029.

G
rantees are expected to continue performing until April 15, 2029. This means timely and accurate reporting, candid communication of success or shortcomings, and availability of persons, information, or materials.

E. E
xpenditure and Obligation Deadlines:
489
24-
City of Richmond
ERF-3-R-100022

EXHIBIT A
P
rogram Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
P
rep. Date: 10-04-2024
1) G
rantees shall expend no less than 50 percent and obligate 100 percent of Program funds by June 30, 2025.
2) G
rantees that have not obligated 100 percent of their Program funds by June 30, 2025, shall submit an alternative disbursement plan to HCD for approval no later than July 30, 2025. This alternative disbursement plan should detail the explanation for the delay and plans for all future obligations and expenditures.
3) G
rantees not meeting the requirements outlined in (i) may be subject to additional corrective action, as determined by HCD.
4) A
ll Program funds (100 percent) shall be expended by June 30, 2027.

Any funds not expended by this date shall revert to the fund of origin pursuant to HSC Section 50253(e)(5).
490
24-
City of Richmond
ERF-3-R-100022

EXHIBIT B
P
rogram Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
P
rep. Date: 10-04-2024

BUDGET DETAIL AND PAYMENT PROVISIONS

1. P
ayee
N
ame: City of Richmond Amount: $9,336,746.00

2. G
eneral Conditions Prior to Disbursement
A
ll Grantees must submit the following completed forms prior to ERF being released:

A. Request for Funds Form (“RFF”)
B. S
TD 213 Standard Agreement form and Exhibits A, B, D and E C. S
TD 204 Payee Data Record or Government Agency Taxpayer ID Form

3. D
isbursement of Funds
ERF w
ill be disbursed to the Grantee in one allocation upon receipt, review and approval of the completed Standard Agreement and RFF by HCD.

Th
e RFF must include the proposed eligible uses and the amount of funds proposed to be expended.

4. B
udget Details and Expenditure of Funds
The Grantee shall expend Program funds on eligible uses and activities as detailed in the submitted, approved budget. HCD reserves the right to direct specific line-item changes in the originally submitted Application budget or subsequently submitted budgets.

A. Budget Changes
1) Process:

B
udget modification requests should be made as part of the quarterly report process. These requests will be reviewed in the first week after quarterly reports are received. HCD may consider budget change requests outside of this process, through email as needed due to documented, exigent circumstances. Grantees carry the burden to anticipate foreseeable budget change requests and should plan accordingly.
491
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EXHIBIT B
P
rogram Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
P
rep. Date: 10-04-2024
HCD reserves the right to amend or adjust this process as necessary. 2) Conditions requiring a budget modification request:

C
hanges may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by HCD so long as the total expenditures (actual and projected) for each eligible use category remain the same as approved in the standardized budget.

A
ny decrease or increase to the total expenditures for any eligible use category must be approved by HCD’s Grant Program Design Section Chief or their designee, in writing, before the Grantee may expend Program funds according to an alternative standardized
budget. The Grants Program Design Section Chief will respond to Grantee with approval or denial of request. Failure to obtain written approval from HCD as required by this section may be considered a breach of this Agreement. A breach of this agreement may result in remedies listed below in Exhibit D.6, Breach and Remedies.

R
egardless of an increase or decrease of an expenditure amount, any significant or material programmatic or fiscal change shall be submitted to HCD for prior approval.

B. E
ligible Uses
El
igible uses and activities must be consistent with HSC Sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, HCD guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2, Purpose.

E
ligible uses and activities include, but are not limited to, the following:

Rapid Rehousing: Rapid rehousing, including housing identification services, rental subsidies, security deposits, incentives to landlords, and holding fees for eligible persons, housing search assistance, case management and facilitate access to other community-based services.

Operating Subsidies: Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.
492
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ERF-3-R-100022

EXHIBIT B
P
rogram Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
P
rep. Date: 10-04-2024
Street Outreach: Street outreach to assist eligible persons to access crisis services, interim housing options, and permanent housing and services.

Services Coordination: Services coordination, which may include access to workforce, education, and training programs, or other services needed to improve and promote housing stability for eligible persons, as well as direct case management services being provided to persons.

Systems Support: Systems support for activities that improve, strengthen, augment, complement, and/or are necessary to create regional partnerships and a homeless services and housing delivery system that resolves persons’ experiences of unsheltered homelessness.

Delivery of Permanent Housing: Delivery of permanent housing and innovative housing solutions, such as unit conversions that are well suited for eligible persons.

Prevention and Shelter Diversion: Prevention and shelter diversion to permanent housing, including flexible forms of financial assistance, problem solving assistance, and other services to prevent people that have been placed into permanent housing from losing their housing and falling back into unsheltered homelessness. This category is only available to serve people who were formerly residing in the prioritized ERF encampment site.

Interim Sheltering: Interim sheltering, limited to newly developed clinically enhanced congregate shelters, new or existing non-congregate shelters, and operations of existing navigation centers and shelters based on demonstrated need that are well suited for eligible persons.

Improvements to Existing Emergency Shelters: Improvements to existing emergency shelters to lower barriers, increase privacy, better address the needs of eligible persons, and improve outcomes and exits to permanent housing.

Administration: up to 5% of awarded Program funds may be applied to administrative costs.

P
rogram funds shall not be expended on Site Restoration or other Ineligible Costs as detailed immediately below.

5. I
neligible Costs

493
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ERF-3-R-100022

EXHIBIT B
P
rogram Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
P
rep. Date: 10-04-2024
ERF shall not be used for costs associated with activities in violation, conflict, or inconsistent with Health and Safety Code sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, HCD guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2, Purpose.

M
oreover, no parties to this contract nor their agents shall directly or indirectly use ERF awards for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. ERF funded activities that cause a traumatic effect are inconsistent with ensuring the safety and wellness of people experiencing homelessness in encampments.

HCD
, at its sole and absolute discretion, shall make the final determination regarding the allowability of ERF expenditures.

HCD
reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use ERF funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to HCD at an amount and timeframe determined by HCD.

A
n expenditure which is not authorized by this Agreement, or by written approval of HCD, or which cannot be adequately documented, shall be disallowed, and must be reimbursed to HCD by the Grantee at an amount and timeframe determined by HCD.

P
rogram funds shall not be used to supplant existing local funds for homeless housing, assistance, prevention, or encampment resolution.

Unless expressly approved by HCD in writing reimbursements are not permitted for any Program expenditures prior to this Agreement’s date of execution. 494
24-
City of Richmond
ERF-3-R-100022

EXHIBIT D
Pr
ogram Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Pr
ep. Date: 10-04-2024

ERF GENERAL TERMS AND CONDITIONS

1. Te
rmination and Sufficiency of Funds
A. Te
rmination of Agreement
HCD m
ay terminate this Agreement at any time for cause by giving a minimum of 14 days’ notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, violation of any federal or state laws; or withdrawal of HCD’s expenditure authority as described in Exhibit D, Breach and Remedies. Violation of any federal or state laws; or withdrawal of HCD’s expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by HCD, any unexpended funds received by the Grantee shall be returned to HCD within 30 days of HCD’s specified date of termination.

B. Suf
ficiency of Funds
Thi
s Agreement is valid and enforceable only if sufficient funds are made available to HCD by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner.

2. Tr
ansfers
Gr
antee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit D.12, Special Conditions – Grantees/Subgrantee or with the prior written approval of HCD and a formal amendment to this Agreement to affect such subcontract or novation.

3. Gr
antee’s Application for Funds
Gr
antee submitted a standardized budget to HCD as part of their application for the Program.

Gr
antee warrants that all information, facts, assertions and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of Grantee’s knowledge. In the event that any part of the application, or any approved modification or addition thereto is untrue, incorrect, 495
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ERF-3-R-100022

EXHIBIT D
P
rogram Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
P
rep. Date: 10-04-2024
incomplete, or misleading in such a manner that would substantially affect HCD approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then HCD may declare a breach of this Agreement and take such action or pursue such remedies as are legally available.

4. R
eporting, Evaluation, and Audits
A.

Reporting Requirements
1) T
iming and Format of Reports.

G
rantee is required to provide HCD or its agents with all data and outcomes that may inform an assessment of the funded proposal.

Grantees shall report quarterly and have one Final Work Product submitted prior to this Agreement’s termination.

T
he quarterly reports shall be submitted on a template to be provided by HCD at least 90 days prior to the first reporting deadline. HCD may request interim reports as needed and will provide no less than 30 days’ notice to Grantees.
2) R
equired Data
G
rantees will be required to provide, at minimum:
• O
utreach and service path data at the anonymized, individual level. • Current housing status of persons served in the aggregate. • Status of funding as presented in the HCD approved, standardized budget.
• Continued confirmation that projects receiving ERF funds are populated timely into HMIS and use HCD supplied funding codes.

HCD’s discretion in identifying which information shall be included in these reports is final. Grantees shall also report information in the form and manner required by HCD. Failure to comply will be considered a breach.

Pur
suant to HSC Section 50254, grantees shall provide data elements, including, but not limited to, health information, in a manner consistent with state and federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System.
496
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City of Richmond
ERF-3-R-100022

EXHIBIT D
P
rogram Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Pr
ep. Date: 10-04-2024
Pursuant to HSC Section 50254(b)(3), Grantees shall report individual, client-level data for persons served by grant funding to HCD, in addition to any data reported through local Homeless Management Information System, as required by HCD for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.

Grantees shall comply with the data entry requirements of AB 977, located at Welfare and Institutions Code section 8256(d).
3) HCD usage of Reports
Pursuant to HSC Section 50254(b)(4), HCD may use information reported directly from grantees and through statewide Homeless Data Integration System for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.
4) Fai
lure to Report
If
the Grantee fails to provide any such report, HCD may recapture any portion of the amount authorized by this Agreement with a 14-day written notification.

B. Evaluation
1) At HCD
’s discretion, Grantees shall participate in a program evaluation regarding their implementation of ERF awards. To support this effort, HCD will contract a third party to complete the evaluation. 2) Grantees are expected to be close partners with HCD for this program evaluation and for all evaluative aspects of this Program. This means timely and accurate reporting, candid communication of successes or challenges, and availability of persons, information, or materials. More specifically, Grantees must cooperate with HCD, or its designee as reasonably required to implement an evaluation plan. This includes providing or facilitating the collection of data and materials as reasonably requested by HCD or its designee.
3) For the purpose of evaluation, HCD or its designee may visit sites related to the project and film, tape, photograph, interview, and otherwise document Grantee’s operations during normal business hours and with reasonable advance notice.
497
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EXHIBIT D
P
rogram Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
P
rep. Date: 10-04-2024
4) Grantees should maintain active data, documents, and filings in anticipation of this evaluation. Special care should be taken to organize and preserve internal work products that guided implementation by the Grantee or subgrantee.
5) Grantees shall notify HCD and provide copies of any reports or findings if Grantee conducts or commissions any third-party research or evaluation regarding their funded project.
6) All terms and conditions that apply to reporting similarly apply to evaluation.

C. A
uditing
HCD
reserves the right to perform or cause to be performed a financial audit. At HCD request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. Should an audit be required, the Grantee shall adhere to the following conditions:
1) T
he audit shall be performed by an independent certified public accountant.
2) Th
e Grantee shall notify HCD of the auditor’s name and address immediately after the selection has been made. The contract for the audit shall allow access by HCD to the independent auditor’s working papers. 3) Th
e Grantee is responsible for the completion of audits and all costs of preparing audits.
4) If th
ere are audit findings, the Grantee must submit a detailed response acceptable to HCD for each audit finding within 90 days from the date of the audit finding report.

5. I
nspection and Retention of Records
A. R
ecord Inspection
HCD
or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement.

The Grantee agrees to provide HCD, or its designee, with any relevant information requested within 30 days of a written request. 498
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ERF-3-R-100022

EXHIBIT D
P
rogram Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
P
rep. Date: 10-04-2024
The Grantee agrees to give HCD or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the ERF laws, HCD guidance or directives, and this Agreement.

B. R
ecord Retention
T
he Grantee further agrees to retain all records described in subparagraph A for a minimum period of five (5) years after the termination of this Agreement.

I
f any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.

C. P
ublic Records Act
T
he grantees’ final ERF-3-R application, this contract, and other documents related to the grant are considered public records, which are available for public viewing pursuant to the California Public Records Act Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.

6. B
reach and Remedies
A. B
reach of Agreement
B
reach of this Agreement includes, but is not limited to, the following events:

1) Grantee’s failure to comply with the terms or conditions of this Agreement.
2) U
se of, or permitting the use of, Program funds provided under this Agreement for any ineligible activities.
3) A
ny failure to comply with the deadlines set forth in this Agreement.

B. Remedies for Breach of Agreement
I
n addition to any other remedies that may be available to HCD in law or equity for breach of this Agreement, HCD may:
499
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EXHIBIT D
P
rogram Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
P
rep. Date: 10-04-2024
1) Conduct program monitoring which will include a corrective action plan (CAP) with findings, remedies, and timelines for resolving the findings. 2) B
ar the Grantee from applying for future ERF funds.
3) R
evoke any other existing ERF award(s) to the Grantee.
4) R
equire the return of any unexpended ERF funds disbursed under this Agreement.
5) R
equire repayment of ERF funds disbursed and expended under this Agreement.
6) R
equire the immediate return to HCD of all funds derived from the use of ERF.
7) S
eek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with ERF requirements.

C. A
ll remedies available to HCD are cumulative and not exclusive.

D. HCD
may give written notice to the Grantee to cure the breach or violation within a period of not less than 14 days.

7. W
aivers
N
o waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of HCD to enforce at any time the provisions of this Agreement, or to require at any time performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of HCD to enforce these provisions.

8. N
ondiscrimination
D
uring the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, denial of medical and family care leave or pregnancy disability leave, or any other characteristic protected by state or federal law. 500
City of Richmond
24-ERF-3-R-100022

EXHIBIT D
P
rogram Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
P
rep. Date: 10-04-2024
Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California’s laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, Section 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, Section 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Section 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

9. C
onflict of Interest
A
ll Grantees are subject to state and federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code Section 1090 and Public Contract Code Sections 10410 and 10411.

A. C
urrent State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services.

B. F
ormer State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve- month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.

C. E
mployees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, Section 81000 et seq.).
501
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City of Richmond
ERF-3-R-100022

EXHIBIT D
P
rogram Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
P
rep. Date: 10-04-2024
D. R
epresentatives of a County: A representative of a County serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the County.

10. Dr
ug-Free Workplace Certification
C
ertification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, Section 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

P
ublish a statement notifying employees and subrecipients that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code Section 8355, subdivision (a)(1).

A. E
stablish a Drug-Free Awareness Program, as required by Government Code Section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following:
1) T
he dangers of drug abuse in the workplace.
2) G
rantee’s policy of maintaining a drug-free workplace.
3) A
ny available counseling, rehabilitation, and employee
assistance program.
4) P
enalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations.

B. P
rovide, as required by Government Code Section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement:
1) W
ill receive a copy of Grantee’s drug-free policy statement, and 2) W
ill agree to abide by terms of Grantee’s condition of employment or 502
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EXHIBIT D
P
rogram Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
P
rep. Date: 10-04-2024
s ubcontract.

11. C
hild Support Compliance Act
F
or any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:

A. Th
e Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and
B. Th
e Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

12. S
pecial Conditions – Grantees/Subgrantee

The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E. These conditions shall be met to the satisfaction of HCD prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of ERF. Failure to comply with these conditions may result in termination of this Agreement.

A. T
he Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any, to:
1) P
erform the work in accordance with Federal, State and Local housing and building codes, as applicable.
2) M
aintain at least the minimum State-required worker’s compensation for those employees who will perform the work or any part of it. 3) M
aintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it.
503
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EXHIBIT D
P
rogram Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
P
rep. Date: 10-04-2024
4) Agree to include and enforce all the terms of this Agreement in each subcontract.

13. C
ompliance with State and Federal Laws, Rules, Guidelines and Regulations

The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, land use, homelessness, housing element, fair housing, and all other matters applicable and/or related to the ERF program, the Grantee, its subrecipients, and all eligible activities.

Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to HCD upon request.

14. I
nspections
A. Gr
antee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.

B. HCD
reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.

C. Gr
antee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected.

15. Li tigation
A. I
f any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of HCD, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable.
504
City of Richmond
24-ERF-3-R-100022

EXHIBIT D
Pr
ogram Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Pr
ep. Date: 10-04-2024
B. The Grantee shall notify HCD immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or HCD, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of HCD.
505
City of Richmond
24-ERF-3-R-100022

EXHIBIT E
P
rogram Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
P
rep. Date: 10-04-2024

SPECIAL TERMS AND CONDITIONS

1. All proceeds from any interest-bearing account established by the Grantee for the deposit of funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of funds, must be used for eligible activities. Grantees must maintain records of all expenditures of the proceeds from these interest-bearing accounts for five (5) years and report on these expenditures as required by HCD. HCD reserves the right to perform or cause to be performed a financial audit on the use of proceeds from interest bearing accounts.

2. Grantee shall utilize its local Homeless Management Information System (HMIS) to track ERF projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by funding (e.g., by creating appropriate ERF-specific funding sources and project codes in HMIS).

3. G
rantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System, in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code Section 50254. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act. For purposes of this paragraph, “health information” means “protected health information,” as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code. The Council or HCD may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement.

4. G
rantee agrees to accept technical assistance as directed by HCD or by a contracted technical assistance provider acting on behalf of HCD. Grantee will report to HCD on programmatic changes the Grantee will make as a result of the technical assistance and in support of their grant goals.

5. G
rantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience.
506
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ERF-3-R-100022

EXHIBIT E
P
rogram Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
P
rep. Date: 10-04-2024

6. HCD maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Per HSC Section 50252.1(d), HCD has authority to:

A. Monitor grantee performance.

B. Require a grantee not meeting goals to accept technical assistance from the Department.

C. Limit the allowable uses of program funds for a grantee that is not meeting goals.

7. Grantees will be provided reasonable notice and HCD’s discretion in making these determinations are absolute and final.

8. No
n-Bond Funded
The Department represents that the intent of Exhibit D.1.B, Sufficiency of Funds is only to preserve the legislature’s ability to make changes to appropriations and matters that are lawfully subject to change through the Budget Act. The Department represents and warrants that as of the date of this Agreement the non-bond funds referenced in the Encampment Resolution Funding Program, Round 3 Notice of Funding Application dated November 27, 2023, for this Agreement are appropriated to and available for the purposes of this Agreement, and further, that upon execution of this Agreement said funds are deemed allocated to and encumbered for the purposes described in this Agreement and shall not be terminated or reduced as a result of Exhibit D.1.B, Sufficiency of Funds once construction has commenced in compliance with Program requirements and in accordance with the construction commencement requirements within this Agreement. If not continuously appropriated, said funds must still be disbursed prior to any applicable disbursement or expenditure deadline set forth in this Agreement.
507

December 17, 2024

Community Development

DATE: December 17, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

LaShonda White, Deputy City Manager Community Services
Lina Velasco, Director of Community Development

Subject:

Acceptance and Appropriation of Hellman Foundation
Grants
FINANCIAL IMPACT: The Hellman Foundation is providing the City of Richmond two $250,000 grants to support two distinct projects that would offset costs incurred by the General Fund.

PREVIOUS COUNCIL
ACTION:

STATEMENT OF THE
ISSUE:

In October 2024, the Community Development and
Community Services Departments submitted two separate
applications to the Hellman Foundation furthering the goals of the Richmond Park Equity Program. Staff is seeking
Council authorization to execute the required grant
agreement and to appropriate the grant funds for the
respective projects.

RECOMMENDED
ACTION:

ADOPT a Resolution accepting and appropriating two
$250,000 Hellman Foundation grants received by the City to support the development of an asset management system
for parks and recreation centers, and supporting the design development of the Martin Luther King Jr. Recreation Center – Community Development Department (Lina Velasco 510-
620-6841/LaShonda White 510-620-6828).

AGENDA
REPORT
508

December 17, 2024
DISCUSSION:

Over the past year, the Hellman Foundation has been partnering with Rich City Rides, PlaceWorks, the Trust for Public Land and the RichPEP Advisory Group to build a community-driven investment strategy and understand opportunities for systemic impact in Richmond.

The Richmond Park Equity Project (RichPEP) is building a Black and Brown resident- led movement for park equity as a collaborative effort of community organizations, residents, parks and open space advocates, private philanthropy, the City of Richmond, and technical experts to ensure that parks in Richmond, California are vibrant, diverse, safe, and well-maintained. Parks should be accessible for everyone within a short distance of where they live.

The City was invited to submit a proposal that would further the RichPEP vision. The City submitted two proposals that were awarded.

Summary of Richmond’s Proposed Grant Projects

The Asset Management project will fund a technical inventory of park assets and recreation center facility assets followed by creation and refinement of an asset management tool with the parks and recreation center data collected. The asset management tool will coordinate with City budgeting processes and enable resident- submitted maintenance needs.

The MLK Community Center and Park Plan Update project will fund a renewed effort to rebuild the MLK Community Center, including a comprehensive community outreach and design process to ensure the center meets the current needs of residents. By re- engaging the community and updating building plans to the 35% completion mark, the City will then be well-positioned to seek private and public sector funding to complete the project. The Trust for Public Land will support with community outreach work, specifically as it relates to the use and programming of the adjacent park.

Staff is seeking Council approval to accept and execute the required grant agreements with the Hellman Foundation, and to appropriate the funds once executed.

SYNERGISTIC POLICIES:

The proposed grant projects would support the following Council adopted goals and policies in the General Plan 2030:

Goal PR 2: Safe and High-Quality Parks and Recreational Facilities Provide safe, high-quality, distinctive parks that support secure places for social interaction, community identity, beauty and livability. Base park designs on the unique cultural, historic and environmental setting of an area so that each park is distinctive.

Promote safety and activate parks by programming for broad appeal, encouraging 509

December 17, 2024
flexible spaces to accommodate a wide range of experiences and utilizing natural and technological surveillance measures.

PR1.3 Equitable Distribution of Park and Recreation Facilities Expand park and recreation opportunities in all neighborhoods and ensure that they are offered within comfortable walking distance of homes, schools and businesses in order to encourage more physically and socially active lifestyles. Continue to implement the parkland development standard of three acres of community or neighborhood parkland per 1,000 population in each neighborhood planning area. This represents a minimum provision which should be exceeded whenever possible. In established neighborhoods where land availability for new large parks is limited, prioritize improvement and maintenance of compact parks, play lots and plazas to increase access to recreation opportunities for residents. Encourage developers to meet the City’s park development standard within their proposed development projects.

Policy PR 3.2 Equitable Maintenance and Renovation
Provide equitable park maintenance, renovation and upgrading funding across planning areas. Provide a high standard of ongoing maintenance, renovation and upgrading of City parks and recreation facilities. Prevent deterioration and ensure that facilities continue to serve community needs. Ensure that the development of new parks does not jeopardize ongoing maintenance of existing parks.

The Martin Luther King Jr. Community Center and Park Plan update to serve the surrounding neighborhoods including Santa Fe and Coronado neighborhoods is identified in the adopted Richmond Resilience Road Map, and a key component of the larger Nystrom United Revitalization Effort.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Grant Agreement – Martin Luther King Jr. Center and Park Design Attachment 3 – Grant Agreement – Asset Management System

510
RESOLUTION NO.________

A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF TWO $250,000

GRANT AWARDS TO THE CITY OF RICHMOND FROM THE HELLMAN

FOUNDATION
WHEREAS, the City of Richmond applied for two Hellman Foundation Richmond Park Equity Plan (RichPEP) grants; and
WHEREAS, the City of Richmond has been awarded grant funding in the amount of $500,000 (two $250,000 grants); and
WHEREAS, staff intends to use the awarded funds to complete two key projects: 1) Asset Management Plan for Parks and Recreation Centers, and 2) Martin Luther King Jr.

Community Center and Park Design Update; and
WHEREAS, the Grantee, City of Richmond, will enter into agreements with the Hellman Foundations to carry out the projects.

NOW, THERFORE, BE IT RESOLVED that the City Council of the City of Richmond does ordain as follows:

1. Authorizes the City Manager or their designee to execute the required grant agreements;

2. Appoints the City Manager or their designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s); and

3. Appropriates the grant funds once the grant agreements are executed. --------------------------------
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held_______________, 2024, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
______________________________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
511
__________________
Mayor
Approved as to form:
_______________
City Attorney
512

HELLMAN FOUNDATION

595 Market St, Suite 820 • San Francisco, California 94105

November 15, 2024

Shasa Curl
City Manager
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804

Dear Shasa,

We are pleased to inform you that the Board of Directors of the Hellman Foundation has approved a grant of $250,000 to the City of Richmond (Grant Number: 24-43194) contingent upon approval by the Richmond City Council. This grant is in support of RichPEP activities for the MLK Community Center & Park, as outlined in the attached proposal.

The Hellman Foundation Grant Agreement includes this award letter and the attached document outlining acceptable Use of Grant Funds. If this Grant Agreement correctly sets forth your understanding of the terms and conditions of the grant, please sign this electronic copy at your earliest convenience.

For the administrative purposes of this Agreement, Third Plateau will be the point of contact for the Hellman Foundation. All correspondence should be directed to Audrey Sayer at [email protected] or (415) 837-5408.

Grant Period
The grant period is December 15, 2024, to December 15, 2025. Funds from the grant may only be disbursed by the City of Richmond during the grant period unless an extension is approved.

Payment will be released upon approval by the Richmond City Council.

Communications and Reporting Requirements
We look forward to learning about your organization’s activities and impact over the course of the grant period through regularly scheduled Advisory Group meetings. The written reporting requirements are as follows:

 A Proposal to be considered for the next phase of funding (Phase 2) will replace written reporting requirements for this Phase 1 grant. Proposal requirements and guidelines will be shared separately, no later than May 31, 2025. The Proposal will be due early Fall 2025 (exact date to be shared with Phase 2 implementation proposal application materials).

Submission of the Proposal does not guarantee funding for a Phase 2 grant, as the decision to make additional grants to your organization shall be made at the Hellman Foundation’s sole discretion.

OR
 If your organization would not like to be considered for subsequent funding in Phase 2, please submit a report by September 15, 2025. The narrative portion should not exceed three pages. The report should include the following:
o An update on the key organizational activities and milestones described in your proposal during the grant period;
513
o The outputs and outcomes that your organization has achieved during the grant period, including impact to collaborative partners, as well as any anticipated accomplishments before the end of the grant period;
o Any major challenges or obstacles encountered in achieving anticipated activities or outcomes;
o Brief explanation of your organization’s decision not to submit a Phase 2 grant proposal;
o A financial report, including actual and budgeted revenue and expenditures for this project; and,
o Any other relevant materials, or updates.

An addendum to this report will be due by December 15, 2025 after all grant funds have been expended according to this agreement, and should include the following:
o A final financial report, including actual and budgeted revenue and expenditures, indicating full disbursement of Hellman Foundation grant funds; o Any important accomplishments or outcomes achieved in the time since the previous report was submitted (optional).

In addition, we ask that you reach out to us with any important news, changes in key personnel, or significant challenges you encounter during the grant period.

Acknowledgement
When acknowledging this grant, please refer to the donor as Hellman Foundation. Please note that the Foundation, its board members and staff, do not wish to be recognized with certificates, plaques, or similar mementos.

The Hellman Foundation is happy to be able to support the work of the City of Richmond and wishes you continued success in your work.

Sincerely,

Annie Ulevitch
Executive Director

Please sign and date below and return the Agreement electronically to [email protected].

We accept this Grant Agreement.

Printed Name: ____________________________

Title: _____________________________________

Signature: ________________________________

Date: _____________________________________
514

USE OF GRANT FUNDS
This Grant Agreement sets forth all terms and conditions of this grant; there are no agreements or understandings between the two parties other than those set forth in this Grant Agreement. Listed below are general restrictions and provisions on the use of grant funds.

 Grant funds must be used only for the purposes, program, budget and organizations as indicated in the grant application materials presented to the Hellman Foundation (“Foundation”) and/or as modified in the Grant Agreement. Any and all modifications to this Grant Agreement must be in writing, approved and signed by both the Foundation and the grantee.

 Any grant funds not committed for the specific purpose of the grant within the specified grant term must be returned to the Foundation at the end of the grant period unless the Foundation gives written approval to do otherwise.

 Payment Schedule: The tentative schedule of grant payments is an estimate of the timing and amount of the payments to the Grantee that will satisfactorily meet the requirements of the grant. The Hellman Foundation, however, on its own initiative or at the request of the Grantee, may modify scheduled dates and payment amounts. The Foundation will notify the Grantee when and if the Foundation is considering making such changes. The Hellman Foundation may at any subsequent time by notice to the Grantee cancel or postpone and thereafter cancel payment of the undisbursed portion of the grant. Also, after entering into a Grant Agreement, it is possible that circumstances will arise which will persuade the Hellman Foundation that an unpaid grant should not be disbursed.

 Any future Foundation grants to your organization and/or any renewals of project funding are at the sole discretion of the Foundation’s Board of Directors.

 The Foundation’s grant has been made to your organization on the express condition that your organization is not a private foundation within the meaning of §509(a). Please notify us immediately of any change in your organization’s status. If your exempt status does change, the Foundation reserves the right to have all remaining grant funds immediately returned.

 The Foundation’s grant has been made to your organization on the express condition that, as required by Internal Revenue Code §§501(c)(3) and 4945 (d) (1) and (2), your organization will not engage in any political activities. For purposes of this condition, engaging in political activities includes, but is not limited to, trying to influence the election of political candidates or the outcome of an election, or engaging in any other type of political activity that is determined to be in violation of the intent of applicable federal and state regulations. Violation of this condition may result in an obligation to return to the Foundation all funds received pursuant to this grant.

 Grant funds may not be used for influencing legislation within the meaning of IRC Section 4945(e).

515

HELLMAN FOUNDATION

595 Market St, Suite 820 • San Francisco, California 94105

November 15, 2024

Shasa Curl
City Manager
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804

Dear Shasa,

We are pleased to inform you that the Board of Directors of the Hellman Foundation has approved a grant of $250,000 to the City of Richmond (Grant Number: 24-43195) contingent upon approval by the Richmond City Council. This grant is in support of RichPEP activities for the Asset Management project, as outlined in the attached proposal.

The Hellman Foundation Grant Agreement includes this award letter and the attached document outlining acceptable Use of Grant Funds. If this Grant Agreement correctly sets forth your understanding of the terms and conditions of the grant, please sign this electronic copy at your earliest convenience.

For the administrative purposes of this Agreement, Third Plateau will be the point of contact for the Hellman Foundation. All correspondence should be directed to Audrey Sayer at [email protected] or (415) 837-5408.

Grant Period
The grant period is December 15, 2024, to December 15, 2025. Funds from the grant may only be disbursed by the City of Richmond during the grant period unless an extension is approved.

Payment will be released upon approval by the Richmond City Council.

Communications and Reporting Requirements
We look forward to learning about your organization’s activities and impact over the course of the grant period through regularly scheduled Advisory Group meetings. The written reporting requirements are as follows:

 A Proposal to be considered for the next phase of funding (Phase 2) will replace written reporting requirements for this Phase 1 grant. Proposal requirements and guidelines will be shared separately, no later than May 31, 2025. The Proposal will be due early Fall 2025 (exact date to be shared with Phase 2 implementation proposal application materials).

Submission of the Proposal does not guarantee funding for a Phase 2 grant, as the decision to make additional grants to your organization shall be made at the Hellman Foundation’s sole discretion.

OR
 If your organization would not like to be considered for subsequent funding in Phase 2, please submit a report by September 15, 2025. The narrative portion should not exceed three pages. The report should include the following:
o An update on the key organizational activities and milestones described in your proposal during the grant period;
516
o The outputs and outcomes that your organization has achieved during the grant period, including impact to collaborative partners, as well as any anticipated accomplishments before the end of the grant period;
o Any major challenges or obstacles encountered in achieving anticipated activities or outcomes;
o Brief explanation of your organization’s decision not to submit a Phase 2 grant proposal;
o A financial report, including actual and budgeted revenue and expenditures for this project; and,
o Any other relevant materials, or updates.

An addendum to this report will be due by December 15, 2025 after all grant funds have been expended according to this agreement, and should include the following:
o A final financial report, including actual and budgeted revenue and expenditures, indicating full disbursement of Hellman Foundation grant funds; o Any important accomplishments or outcomes achieved in the time since the previous report was submitted (optional).

In addition, we ask that you reach out to us with any important news, changes in key personnel, or significant challenges you encounter during the grant period.

Acknowledgement
When acknowledging this grant, please refer to the donor as Hellman Foundation. Please note that the Foundation, its board members and staff, do not wish to be recognized with certificates, plaques, or similar mementos.

The Hellman Foundation is happy to be able to support the work of the City of Richmond and wishes you continued success in your work.

Sincerely,

Annie Ulevitch
Executive Director

Please sign and date below and return the Agreement electronically to [email protected].

We accept this Grant Agreement.

Printed Name: ____________________________

Title: _____________________________________

Signature: ________________________________

Date: _____________________________________
517

USE OF GRANT FUNDS
This Grant Agreement sets forth all terms and conditions of this grant; there are no agreements or understandings between the two parties other than those set forth in this Grant Agreement. Listed below are general restrictions and provisions on the use of grant funds.

 Grant funds must be used only for the purposes, program, budget and organizations as indicated in the grant application materials presented to the Hellman Foundation (“Foundation”) and/or as modified in the Grant Agreement. Any and all modifications to this Grant Agreement must be in writing, approved and signed by both the Foundation and the grantee.

 Any grant funds not committed for the specific purpose of the grant within the specified grant term must be returned to the Foundation at the end of the grant period unless the Foundation gives written approval to do otherwise.

 Payment Schedule: The tentative schedule of grant payments is an estimate of the timing and amount of the payments to the Grantee that will satisfactorily meet the requirements of the grant. The Hellman Foundation, however, on its own initiative or at the request of the Grantee, may modify scheduled dates and payment amounts. The Foundation will notify the Grantee when and if the Foundation is considering making such changes. The Hellman Foundation may at any subsequent time by notice to the Grantee cancel or postpone and thereafter cancel payment of the undisbursed portion of the grant. Also, after entering into a Grant Agreement, it is possible that circumstances will arise which will persuade the Hellman Foundation that an unpaid grant should not be disbursed.

 Any future Foundation grants to your organization and/or any renewals of project funding are at the sole discretion of the Foundation’s Board of Directors.

 The Foundation’s grant has been made to your organization on the express condition that your organization is not a private foundation within the meaning of §509(a). Please notify us immediately of any change in your organization’s status. If your exempt status does change, the Foundation reserves the right to have all remaining grant funds immediately returned.

 The Foundation’s grant has been made to your organization on the express condition that, as required by Internal Revenue Code §§501(c)(3) and 4945 (d) (1) and (2), your organization will not engage in any political activities. For purposes of this condition, engaging in political activities includes, but is not limited to, trying to influence the election of political candidates or the outcome of an election, or engaging in any other type of political activity that is determined to be in violation of the intent of applicable federal and state regulations. Violation of this condition may result in an obligation to return to the Foundation all funds received pursuant to this grant.

 Grant funds may not be used for influencing legislation within the meaning of IRC Section 4945(e).

518

December 17, 2024

Community Development

DATE: December 17, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Lina Velasco, Director of Community Development
Avery Stark, Acting Planning Manager
Kristi Ellerbroek, Assistant Planner

Subject:

Ocean Protection Council (OPC) SB 1 Grant
FINANCIAL IMPACT: The $1.5 million OPC SB 1 grant would offset costs the City would otherwise incur to prepare an SB 272-required Subregional Shoreline Adaptation Plan pursuant to
guidelines and standards developed and adopted by the
Bay Conservation and Development Commission
(BCDC).

PREVIOUS COUNCIL
ACTION:

June 25, 2024

STATEMENT OF THE
ISSUE:

Staff is seeking City Council authorization to accept and appropriate a $1.5 million SB1 grant from the California Ocean Protection Council (OPC) to develop the City’s SB 272-compliant Subregional Shoreline Adaptation Plan. In conjunction with the expanded resources for the project, staff is requesting authorization to negotiate and
approve a contract amendment No. 1 with Mithun, Inc. to expand the scope and budget of their existing contract to align with the scope and budget approved by the OPC for the City’s SB1 grant.

RECOMMENDED ACTION:

ADOPT a Resolution accepting and appropriating a $1.5
million SB 1 grant from the California Ocean Protection Council and AUTHORIZE the city manager to negotiate
and execute a contract amendment No. 1 with Mithun,
Inc. to modify the contract scope and increase the budget AGENDA
REPORT
519

December 17, 2024
by $1,010,000, for a not to exceed total amount of
$1,410,000, through June 30, 2027, to prepare the City’s SB272-compliant Subregional Shoreline Adaption Plan –
Community Development Department (Lina
Velasco/Avery Stark 510-620-6714).

DISCUSSION:

Following a competitive procurement process, the City selected Mithun as the lead consultant for the development of its Sea-Level Rise Adaptation and Resilience Plan.

On June 25, 2024, the City Council authorized a contract with Mithun for a not-to- exceed amount of $400,000 to develop the Plan.

Following the execution of the contract with Mithun, the City was approached about an opportunity to apply for SB1 funding from the California Ocean Protection Council to expand the scope and funding for the City’s Sea Level Rise Adaptation and Resiliency Plan to make it SB 272 compliant.

In 2023, the California State Legislature passed SB 272 (Laird), Sea level rise: planning and adaptation. SB 272 addresses the need for coordinated standardized sea level rise adaptation by requiring local governments along the San Francisco Bay shoreline to develop Subregional Shoreline Adaptation Plans. Subregional Shoreline Adaptation Plans must meet guidelines established by BCDC, ensuring effective and collaborative regional responses. Projects and strategies contained within approved plans will be prioritized for State funding.

BCDC is in the process of creating the Regional Shoreline Adaptation Plan (RSAP), as required by SB 272. The RSAP will guide the creation of coordinated, locally planned sea level rise adaptation actions that work together to meet regional goals.

These guidelines are anticipated to be adopted by the end of December 2024.

Staff is currently working on finalizing the grant scope with OPC to align with the finalized RSAP guidelines. Therefore, staff is seeking authorization from the Council for the City Manager or their designee to finalize the contract amendment scope to allow for revisions to be made to align with the granting agencies requirements and the finalized RSAP guidelines, which are currently undergrowing revisions based on public comment.

The expanded budget will allow the project consultant team to expand to include the following:
 Mithun: prime, project management, urban design, planning, adaptation physical design, criteria and strategies, community engagement and equity assessment support, visualizations, report graphics and compilation, GIS mapping  ESA: environmental engineering, ecology, adaptation physical design, criteria and strategies, CEQA strategies, contamination, GIS mapping, community 520

December 17, 2024
engagement support, equity assessment support, participation in milestone team workshops
 ERG: land use, planning, and policy, cost of inaction assessment, equity assessment support, participation in milestone workshops, technical writing and editing
 The Watershed Project: community engagement, equity assessment, participation in milestone team workshops
 Kleinfelder: ground toxicity and environmental remediation advisor  Kristina Hill: groundwater advisor, participation in milestone team workshops  Outset Advisors: cost estimating

SYNERGISTIC POLICIES:

The recommended action supports the following Council adopted policies and actions in the General Plan:

Policy EC6.3 Adapting to Climate Change
Prepare for and adapt to future impacts of changing weather patterns and sea level fluctuations. Protect neighborhoods, infrastructure and facilities, the shoreline and natural resources from the impacts of climate change. Require new developments to include an evaluation of climate change impacts in the project review process. Shoreline and public access improvements shall be designed to allow future increases in elevation along the shoreline edge to keep up with higher sea level values, when they occur.

Design elements shall include providing adequate setbacks to allow for future elevation increases of at least three feet from the existing elevation along the shoreline.

Action EC6.G Adaptive Management Plan
The City shall develop an Adaptation Strategy that would include preparing an Adaptive Management Plan that outlines an institutional framework, monitoring triggers, and a decision-making process, and creates an entity with taxing authority that would pay for infrastructure improvements necessary to adapt to higher than anticipated levels.

Strategies could include, but would not be limited to:
• Construction of a shoreline protection system that is initially built to accommodate a mid-term rise in sea level of 16 inches, with a design that is adaptable to meet higher than anticipated values in the mid-term, as well as for the long-term; • Construction of a storm drainage system that is initially built to accommodate a mid- term rise in sea levels of 16 inches, with a design that is adaptable to meet higher than anticipated sea level rise values (similar to the first bullet); and • Construction of buildings and vital transportation infrastructure at elevations that would not be exceeded by flood waters, even if the shoreline protection does not function, for existing conditions and over a longer term as compared to the two above.

The scope assumes the City Subregional Shoreline Adaptation Plan draft will be submitted as a local jurisdiction plan separately from the County. Collaboration on the 521

December 17, 2024
plan between the jurisdictions will be integral to this process and reflected in the Subregional Shoreline Adaptation Plan approach.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Mithun Amendment No. 1
Attachment 3 – Executed Original Contract
Attachment 4 – OPC Agenda Report dated September 10, 2024

522

ATTACHMENT 1

RESOLUTION NO.

A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF RICHMOND APPROVING

THE APPLICATION FOR AND/OR EXECUTION OF GRANT FUNDS FROM THE

OCEAN PROTECTION COUNCIL UNDER THE SAFE DRINKING WATER, WATER

QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (Proposition 84), Prop 68, ENVIRONMENTAL LICENSE PLATE

FUNDS, ONCE THROUGH COOLING, GREENHOUSE GAS REDUCTION FUND, OR

GENERAL FUNDS
WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and
WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and
WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval by the potential grantee’s governing board either before submission of said application(s) to the State or prior to execution of the grant agreement; and
WHEREAS, the Applicant/Grantee, City of Richmond, if selected, will enter into an agreement with the State of California to carry out the project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond

1. If applicable, approves the filing of an application for the City of Richmond Sea Level Rise Adaptation and Resiliency Plan (SLR-ARP) (project); to be funded by Ocean Protection Council SB 1; and

2. If applicable, certifies that Applicant or title holder will have sufficient funds to operate and maintain the project(s) consistent with the land tenure requirements; or will secure the resources to do so; and

3. Certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws, and, that prior to commencement of the project, all applicable permits will have been obtained; and

4. Certifies that the Applicant/Grantee will work towards the State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1, and
523

5. Appoints the City Manager or their designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s); and

6. Appropriates the grant funds once the grant agreement is executed. --------------------------------
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held_______________, 2024, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
__________________________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
__________________
Mayor
Approved as to form:
_______________
City Attorney
524

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

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

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

525
Contract Amendment/EJ/TE 09-26-07

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

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

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

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

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

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

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)

By____________________________

Title:________________________

(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)

By:___________________________

Title:________________________

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President
and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.

526
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contra
ct No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

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

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

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

Contract Amendment/EJ/TE 9-26-07
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CONSULTANT ROLES:
• Mithun: prime, project management, urban design, planning, adaptation physical design, criteria and strategies, community engagement and equity assessment support, visualizations, report graphics and compilation, GIS mapping
o Lead: Element A: Planning Process
o Lead: Element D: Adaptation Strategy Standards
o Lead: Element F: Implementation Plan and Funding Strategy o Lead: Element G: Project List
• ESA: environmental engineering, ecology, adaptation physical design, criteria and strategies, CEQA strategies, contamination, GIS mapping, community engagement support, equity assessment support, participation in milestone team workshops o Lead: Element B: Existing Conditions
o Lead: Element C: Vulnerability Assessment
• ERG: land use, planning and policy, cost of inaction assessment, equity assessment support, participation in milestone workshops, technical writing and editing o Lead: Element E: Land Use and Policy
• The Watershed Project (TWP): community engagement, equity assessment, participation in milestone team workshops
o Lead: Equity Assessment Standard
• Kleinfelder: ground toxicity and environmental remediation advisor • Kristina Hill: groundwater advisor, participation in milestone team workshops • Outset Advisors: cost estimating
This consultant team is referred to as the ‘Mithun/ESA team’ in this scope of work document, with specific reference to other consultant roles as needed by task.

BUDGET SUMMARY:

Task 1: Project Management $1 52,500 (12%)
Task 2: Community Engagement $2 39,500 (18%)
Task 3: Confirm Vulnerable Assets $2 32,000 (15%)
Task 4: Adaptation Responses $ 271,500 (19%)
Task 5: Implementation Approach $ 198,000 (15%)
Task 6: Sea Level Rise Adaptation and Resiliency Plan Preparation $1 85,591 (12%)

TASK TOTAL (without Contingency) $1,279,091
+ 10% Contingency $127,909
(10% of Mithun/ESA Team Sub-total from task total)
PROJECT TOTAL $1,600,000

MITHUN/ESA TEAM SUB-TOTAL (with Contingency) $ 1,407,000 528
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SCOPE OF SERVICES:

Conditions and Expectations
• The scope and fee are based on 10/18 BCDC RSAP draft which is anticipated to be updated by December 2024. The impact of scope, fee and schedule due to updates to the draft will be discussed in the January kickoff meeting. BCDC will continue to revise RSAP supporting components (i.e. mapping platform and technical assistance program) during the first few months after project initiation. Because the impact of this is unknown, scope, fee and schedule will be periodically revisited during the scope revision check-ins (quarterly per project timeline) to determine if scope edits are needed to develop an RSAP-compliant plan. • Because this is one of the first Subregional Plans to be developed and reviewed under the BCDC RSAP, the project will hold a 10% contingency to support course corrections and communication between parties along the way.
• The scope assumes that the evaluation of asset vulnerabilities will be conducted using existing datasets currently available. No new modeling, on-site surveys, nor data generation is included in this scope. The scope includes preparation of a data gaps analysis memo. o The Mithun/ESA team will be reliant on local landowners and agencies to provide data on existing infrastructure and facility operations to support the preparation of an existing assets inventory and vulnerability analysis. Failure to provide information will limit the Mithun/ESA team’s ability to prepare a complete/comprehensive asset inventory and subsequent analysis.
o The evaluation of flood hazards and other coastal hazards will be based on synthesis and interpretation of results from prior coastal/flood hazard modeling and vulnerability analysis studies, including studies by FEMA (and supporting technical work by AECOM, DHI, Wood Rogers and others), BCDC, SFEI, CA OPC, and USGS. This scope of work does not include new hydraulic analysis, coastal conditions modeling, or other modeling of coastal/fluvial hazards.
o Depending on available data/identified data gaps, the Mithun/ESA team might recommend allocation of contingency funds to support additional services such as focused modeling or other technical analysis efforts to inform the evaluation of coastal hazards. The scope and scale of such efforts would be developed in coordination with the City and would require the City’s authorization.
• The scope assumes the City and Mithun/ESA team will identify pathways to compliance with the BCDC RSAP. Based on the current draft BCDC RSAP guidelines, the deliverables prepared under this scope are not likely to address all the RSAP requirements; rather the plan will make a logical case for prioritizing key elements, such as contamination issues and how the regional and local adaptation approaches reinforce each other.
• The scope assumes the City RSAP draft will be submitted as a local jurisdiction plan separately from the County. Collaboration on the plan between the jurisdictions will be integral to this process and reflected in the RSAP approach. If the City decides to submit with the County this will require a scope and fee revision to address additional coordination and schedule extension.

The County’s RSAP plan is expected to be completed after the City’s plan. • The scope assumes (consistent with the EJ designation in the RSAP) that the adaptation and implementation measures will focus on impacted environmental justice communities (e.g. North Richmond and South Richmond) and that the Chevron Refinery and the Port of Richmond will be excluded from the development of adaptation and implementation options. The Chevron Refinery and Port of Richmond will be included in the vulnerability analysis to the extent supported by publicly available data and data provided by these landowners to the Mithun/ESA team. • This fee is based on active work time of 18 months during a 24-month project schedule. 529
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Task 1: Project Management (September 2024 – August 2026)

1.1 Establish project team; project directory; schedule and budget confirmation with City and OPC

1.2 Meetings: Mithun to lead bi-weekly coordination meetings with the City, including periodic breaks as indicated in schedule. Mithun to provide agenda, notes and action items. • City/Mithun PM health checks and potential scope revisions (four meetings and hold week to revise)
• Full consultant team workshops (4) and regular communication updates. • Collaboration meetings with County and other regional agencies – i.e. Caltrans, EBRPD, EBMUD, TRAC (4 meetings)
• Coordination with BCDC and BCDC TA services (3 meetings)

1.3 Review of existing resources, local/regional & SLR guidance, RSAP guidelines

1.4 Review invoices and provide City and OPC with required updates of progress and budget Deliverables:
• Project Management tasks as described above
• Coordinate Element A: Planning Process
a. City to provide description of resources to respond to A.1.d b. City to provide coordination with collaborating agencies and County (A.3) Task 2: Community Engagement (January 2025 – August 2026)

2.1 Prepare Community Engagement Plan
• Develop inventory of relevant groups, EJ organizations, businesses, property owners, leaders, and agencies.
• Craft outreach strategy: public communication, plan meetings, assemble and coordinate community stakeholders, establish stipends for community services rendered. • Create youth and young adult workforce development plan and tribal involvement plan.

2.2 Craft technical and design outreach materials, and visualizations • C raft technical and design outreach materials, including presentation slides and other meeting resources. TWP will ensure that all materials are accessible, including translations into Spanish, to cater to the city's diverse population. TWP will assist in organizing and preparing for public meetings, surveys, and draft reviews. Additionally, TWP will develop innovative educational tools and engagement methodologies to facilitate effective public education and meeting participation.
• TWP will implement a comprehensive outreach strategy to maximize attendance and active participation in public meetings for the City of Richmond's Sea Level Rise Adaptation and Resilience (SLR-AR) Plan. This strategy aims to ensure broad and diverse community involvement, facilitating meaningful input and feedback on SLR-ARP. • Using a variety of channels and methods, TWP will reach out to residents across different demographics, including those from marginalized and underserved communities. TWP will Facebook, Instagram, and Nextdoor accounts to promote meetings. To build awareness and excitement, TWP will create engaging posts, event pages, and regular updates. The outreach team will also create project flyers and posters. TWP staff will distribute flyers and posters in high- traffic areas such as community centers, libraries, schools, and local businesses. Ensure 530
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materials are available in multiple languages, including Spanish. TWP will send targeted email invitations and reminders to community groups, stakeholders, and residents interested in climate and adaptation issues. TWP will collaborate with local organizations, including churches, schools, and nonprofits, to spread the word about the meetings. Leverage their networks to reach a broader audience. Also, the outreach team will attend and promote the meetings at other local events, such as farmers’ markets, community fairs, and neighborhood gatherings. TWP will manage registration systems and will communicate with interested individuals, sending reminders via email, social media, and direct mail as meeting dates approach to ensure high attendance.

TWP will help gather feedback from attendees and send thank-you notes and summaries of meeting outcomes to participants. They will also provide updates on how their feedback will be used in the adaptation planning process.

2.3 Stakeholder & Tribal Engagement
• Stakeholder Engagement: TWP will reach out and invite a broad range of stakeholders, including the Richmond City Council, City Staff, and various community groups such as the Richmond Southeast Shoreline Area Community Advisory Group (CAG), Richmond Shoreline Alliance, Point Molate Alliance, and others. Together with the initial stakeholders' input, TWP will identify and map/create an inventory of community groups, neighborhood groups, environmental and environmental justice organizations, industries and businesses, community leaders, etc., relevant to sea-level rise and Climate Change in Richmond. Strategize how to extend and strengthen community education and engagement around sea-level rise, nature-based solutions (NbS), and climate adaptation, as well as coalition building with existing groups working on climate adaptation in Richmond.
• Tribal engagement: TWP has been working with tribal partners for the last six years in multiple engagement and tribal consultations. TWP has a working relationship with multiple tribal members from the Confederated Villages of Lisjan's (CVL) that are often hired as TWP's consultants to provide content and consultation on projects and resources that TWP and partners are developing. TWP will continue to partner with the CVL following their most recent consultation in the North Richmond Collaborative Shoreline Adaptation Plan; TWP and tribal leaders including CVL will work together to identify opportunities for sites within the project area to honor the original Indigenous peoples of the East Bay.
• Workforce development planning: TWP has broad experience in the Workforce Development for Green Infrastructure and Nature Based Solutions. TWP has collaborated with Richmond Works and other local stakeholders to help define the Richmond Workforce Development Plan. TWP also has a Green Collar Corps program where 5-10 local youth 18-24 are trained for Green Jobs during a 2-year paid apprenticeship. This internship is designed to introduce college-age youth to jobs including installation of green infrastructure, vegetation and water quality monitoring, maintenance, and operations of green infrastructure and nature-based solutions.

2.4 Facilitate public meetings
• Facilitate 4-6 large public meetings, workshops, and Presentations, as well as 7-10 smaller outreach presentations with Neighborhood council meetings and/or community serving events.

TWP will present technical and design findings at 4-6 public meetings. We will ensure that these presentations are clear and accessible to all participants. TWP will manage and facilitate these meetings to foster productive discussions and gather valuable feedback. This feedback will be used to refine the Community Adaptation Vision and related documents, ensuring that they reflect community concerns and aspirations.
• Public meetings will be conducted from months 4 through 24, with ongoing facilitation throughout the engagement period. TWP will provide translated materials and interpretation for the public workshops. When appropriate, participants will be paid by TWP for services rendered. TWP will 531
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coordinate the reservation, meeting set up, refreshments, event outreach, and other logistics to ensure adequate participation.

Two technical workshops
a. Richmond Contamination Summit 9/28 – completed
b. Summit Follow Up/Discovery Phase – date in 2025 TBD
Deliverables:
• Community Engagement Plan
• Outreach and Design Materials – provision of technical and design outreach materials, including meeting slides and other resources, with translation into Spanish • Stakeholder & Tribal Engagement
• Public Meetings to engage community members
• Meeting Records: attendance lists for up to 6 public meetings, including multilingual materials at all public meetings; Feedback forms.
• Provide strategies for sharing contamination-related information and resources with the community
• Coordinate Element A: Planning Process Mappings relevant to public meetings • Provide Equity Assessment Standard, based on minimum standards identified in BCDC 10/18 RSAP draft, section 3.3.

Task 3: Confirm Vulnerable Assets (January - June 2025)

3.1 Existing conditions. Meet guidelines for RSAP Element B. • E xisting conditions summary and description: Compile existing data and prior studies; request additional info that may not be readily available to the public from local and regional agencies, scientific organizations as well as community activists. Describe existing pertinent policies and plans, as well as physical and ecological characteristics of the landscape. City to provide existing barriers or conflicts in existing plans and policies that could interfere with the implementation of adaptation strategies such as current land us entitlements, takings law, building height limitation, waterfront design guidelines, site geotechnical requirements, and others. • Existing conditions mapping: Map and describe existing populations, assets, sectors, services, and land uses within the planning area. Mithun/ESA team to identify targeted GIS mapping of County issues and clip City information to support interaction between maps. Subtask to be completed in collaboration with the County.

3.2 Vulnerability Assessment. Identify assets vulnerable to sea level rise and shallow groundwater rise, groundwater intrusion, erosion, and fluvial flooding, and develop GIS Mapping (based on existing data-- Refer to guidelines for RSAP Element C).
• The Mithun/ESA team will conduct a desktop-level sea-level rise vulnerability analysis. This task will build on the climate vulnerability analysis presented in the Richmond CAP and will also incorporate results from the latest region-wide analysis of coastal flooding and sea level rise vulnerability along the San Francisco Bay shoreline.
• The draft BCDC RSAP guidance indicates that RSAP plans should assume 0.8’ of sea-level rise by 2050 and 3.1’ to 6.6’ of sea-level rise by 2100, consistent with the 2024 OPC State Sea-level Rise Guidance. Consistent with the draft BCDC, the team will also consider both coastal flood events (100-year storm surge) and typical tidal inundation (MHHW tides). The team will prepare maps showing areas likely to be affected by coastal flooding under these scenarios based on existing topography.
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• The team will then conduct an initial screening to identify which assets and locations appear to have the greatest level of vulnerability. This assessment will consider vulnerabilities to build infrastructure as well as impacts on ecological and cultural resources. This task will be a desktop- level analysis based on synthesis of prior studies and available LiDAR and GIS datasets. The project team proposes to coordinate this desktop analysis with the outreach to community members proposed under Task 2 to confirm the findings of the desktop analysis and to gather additional context for conditions along the shoreline. During this analysis, the project team will also identify critical data gaps in the mapping.
• Working with Kristina Hill who will advise on rising ground water’s impacts on contamination, Kleinfelder will support preparation of an inventory of sites with residual contamination or active remediation. The inventory will be prepared using the following approach:
• Identify sites with known environmental impacts using GeoTracker, Envirostor, and other publicly available databases.
• Map the locations of known environmental impacts against the appropriate inundation areas per BCDC or instruction from the Mithun/ESA team.
• Characterize the known environmental impacts as mobile or immobile, and assess the remedy, depth of contamination, the media (soil, soil vapor, or groundwater), and the relative level of contamination.
• Develop a vulnerability framework for the impacted sites based on contaminant mobility, proximity to residents or other receptors, contaminant migration corridors, criteria outlined in the Sea Level Rise Guidance to DTSC Project Managers for Cleanup Activities (Draft, February 2023), and community vulnerability and socioeconomic considerations per California’s SB 272.
• Assess each site using this vulnerability framework and integrate those findings with the Adaptation Plan.
• The primary objectives of Kleinfelder’s work under this task are to evaluate the risk to the residents of Richmond from potential migration of contaminants from known sources due to sea level and groundwater rise and begin to develop simplified means of communicating these risks to the project team and to stakeholders to inform SLR-ARP.

3.3 Incorporating Community Feedback
• TWP and Mithun will coordinate stakeholder outreach conducted under Task 2 to understand how the vulnerabilities identified in the desktop-level analysis align with community members’ actual experiences and observations along the Richmond Shoreline or other risk-prone areas. • This feedback from local landowners, government and agency staff, residents, and technical advisors will provide a critical “reality check”, allowing our team to confirm or revise the findings of the initial desktop vulnerability analysis, to help identify and resolve errors or omissions in the available datasets used in the analysis, and to provide greater context and understanding for how vulnerable locations are used and managed, and how potential adaptation measures might impact or benefit these uses.

3.4 Assessment of the Cost of Inaction
Using existing data, information, and modelling, ERG will assess the cost of inaction associated with coastal flooding, sea level rise, ground water rise, and combined flood risk. • Identify existing data, information, modelling: ERG will begin by identifying the data, information, and modelling needed to assess the cost of inaction on current and future flood risk to the City of Richmond. The vulnerability assessment conducted for the Subregional Shoreline Adaptation Plan should have most of the elements necessary to conduct this assessment, but, if necessary, ERG will work with the Mithun team and the City of Richmond to identify additional data needed. 533
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• Conduct assessment for two timeframes: ERG will use existing modelling, data and qualitative and quantitative information on critical assets (e.g., assessed value, cost to replace, function, redundancy) to determine the cost of inaction on sea level rise to the City of Richmond based on what is at risk in the midterm and what is at risk in the long term. • Draft Memo: Based on the findings and outcomes from the assessment conducted for two timeframes, ERG will develop a memo describing the methodology used to conduct the assessment and the quantitative cost of inaction (in dollars) and qualitative cost of inaction (in high level consequences).

Deliverables:

The key result of this task will be the development of a well-calibrated understanding of how sea-level rise will impact the Richmond community that can be used to prioritize development of adaptation responses. • Inventory of contaminated sites based on available data and prioritizing EJ communities. • A digital elevation model using available quality Level 0 LiDAR; GIS layers made available to public
• Draft and Final Sea Level Rise Shoreline Vulnerability Assessment; (incl. Feedback from community members, stakeholders, and members of the public) • Cost of inaction memo by ERG
• Data gaps memo re: mapping, technical studies and community vetting context (ESA providing) • Provide Element B: Existing Conditions (minimum standard, includes strategic regional priorities and mapping) Based on minimum standards identified in BCDC 10/18 RSAP draft, section 3.3.
• Provide Element C: Vulnerability Assessment Based on minimum standards identified in BCDC 10/18 RSAP draft, section 3.3.

Task 4: Adaptation Responses (April - June 2025; August – October 2025; January - March 2026)

4.1 Develop local vision and goals that localize the One Bay Vision • Work with community members and stakeholders to identify locally-driven priorities and develop localized goals that support RSAP One Bay Vision and integrate Strategic Regional Priorities.

4.2 Develop potential adaptation responses
• A ddress anticipated sea level rise impacts along the Richmond shoreline. The team will prioritize the development of nature-based approaches wherever possible, but measures will be identified based on location-specific conditions, and the team will also consider “grey infrastructure” approaches where appropriate. The team will focus on several specific priority locations within the study area that appear to have the greatest near-term vulnerability as well as threats to critical infrastructure. The specific number and extents of these priority locations will be discussed during Task 1 and 2 and verified during Task 3. Based on a review of the CAP and prior regional sea- level rise mapping (Adapting to Rising Tides), there are likely to be three to seven (3-7) priority locations along the shoreline that will be most vulnerable to sea-level rise impacts (or 3-4 priority locations at the City’s direction to achieve higher levels of details). To most effectively make use of available resources, these priority locations will be confirmed under Task 3 and will become the focus for planning and analysis of sea-level rise adaptation responses under this task. The remaining, less vulnerable segments of the shoreline will be addressed at a high level . • The Mithun/ESA team will work with Kleinfelder to address priority sites with mobile subsurface contaminants that are in areas adjacent to residential or other key receptors; concept-level design 534
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options will be developed to address the key potential contaminant migration pathways, using the following approach:
• Identification of potential contaminant migration pathways associated with sea level rise (e.g., groundwater rise entraining petroleum or chlorinated solvents from the vadose zone, sea level rise eroding a cap over PCB contamination, or other similar mechanisms). • For each typical potential contaminant migration pathway, evaluation of the effect of proposed shoreline protection activities on the resilience of the remedy, and if proposed shoreline protection activities could provide protection for the existing environmental impacts. • Where potential contaminant migration pathways exist, identifying preliminary options for reducing human health and ecological risk (as appropriate) via supplemental remedies.

Supplemental remedies may include source control or removal, strengthening the existing remedy, or other hydraulic controls.

4.3 Develop evaluation criteria for preferred adaptation strategies with community. • Work with TWP and through facilitation of public meetings (Task 2) to understand community response and to develop criteria to evaluate strategies that reflect priorities. To ensure the value of quantified evaluation, criteria will be strategically limited to respond to the priorities that are emerging in the process.
• Refine and apply criteria and improve strategies, including site-specific calibration of adaptation options. Confirm with community.
• Sea Level Rise Adaptation Alternatives Evaluation Memo by ESA

4.4 Provide conceptual plans, sections and descriptions of preferred adaptation strategies and pathways for shoreline reaches, including physical and non-physical strategies. • Identify minimum of two (2) adaptation strategy alternatives for priority action areas in priority shoreline reaches and planning area.
• City and Mithun/ESA Team will determine the number of priority locations three to seven (3-7) based on level of detail available as project progresses. • Assumes an adaptation pathway diagram, concept level cross section, plan enlargement and additional level of analysis for each priority location. Develop consistent adaptation pathway diagram adaptable to each priority project.
• Through a rough modeling of the physical footprint of each potential strategy, the Mithun/ESA Team can also determine who the key stakeholders would need to be in any adaptation strategy.

This information can be crucial guidance on the assembly of community working groups, allowing the selected community engagement team to understand the needed partners (landowners, agencies, neighborhood councils, etc.) that would likely need to come together, working shoulder- to-shoulder to weigh the tradeoffs of discuss in further depth the pathways of implementing those adaptations.
• This approach could suggest a two-part schedule, in which the Mithun/ESA team prioritizes Task 3 and early conceptual approaches in Task 4, and those inputs flow into the community engagement set-up process. Then, the Mithun/ESA team would return to the Task 4 approaches and develop them further after the community participation process yields input on those early vulnerability zones to further refine and complete the deliverables.

Deliverables:
• Richmond Vision and Goals document that localizes the BCDC One Bay Vision • Develop adaptation responses. Prioritize near-term vulnerabilities for adaptation, based on risk, current land-use patterns and geomorphological and spatial constraints, with a focus on nature- 535
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based approaches, typological considerations, and other community priorities; Work plan for contaminated sites & associated design strategies
• Develop a Near and Longer-term adaptation vision and strategies that consolidate community feedback and priorities.
• Evaluation criteria and application to improve strategies • Sea Level Rise Adaptation Alternatives Evaluation Memo by ESA • Cross Section and Plan enlargements for each of three to seven (3-7) priority locations (option to pivot to fewer priority locations at City direction to achieve higher level of detail) • Identification of stakeholders in each of the near-term vulnerability zones, to support organization of community working groups or co-design groups • Sync with Community Engagement process and public meetings (Task 2) to provide opportunity for feedback on draft options.
• Provide Element D: Adaptation Strategies and Pathways based on strategic approach to RSAP Based on minimum standards identified in BCDC 10/18 RSAP draft, section 3.3.

Task 5: Implementation Approach (September 2025– June 2026)

5.1 Draft Implementation Approach
Provide further details on how the preferred alternative may be phased, funded, permitted, and managed over time, breaking the preferred alternative into individual actions or projects. The implementation approach will include both structural and non-structural strategies, providing an overview of policy and programmatic recommendations, per RSAP guidelines.
• The Mithun/ESA team, working with Kleinfelder, will provide a design alternatives analysis, to identify constraints, desired outcomes, and constructability concerns related to implementation of the concept-level designs identified under Task 4. This evaluation is envisioned as a programmatic look at the affected areas, to rule out concept-level design options that are infeasible, cost-prohibitive, or that do not address the human health or ecological risk objectives of the Adaptation Plan.
• This evaluation will be completed on a site-specific basis, though subsets of the sites may utilize the same evaluation (i.e., locations with similar site conceptual models and migration pathways are likely to utilize the same design alternatives evaluation), and is intended to give the Mithun/ESA team and the project stakeholders sufficient detail to clearly articulate the interventions that may be needed to address increased human health risks associated with rising water levels in the region.
• This evaluation is not expected to include an in-depth evaluation of subsurface geology or hydrogeology; remedy selection discussions with the relevant regulatory agencies are also not included in this task. Should additional funding or cost savings in other tasks become available, a more detailed review of design options against site-specific subsurface conditions can be completed, to provide added clarity on the environmental risks, tradeoffs between supplemental remedies and other adaptation planning efforts, and planning-level cost estimating.

5.2 Engagement and Evaluation.

Community workshops to prioritize implementation approach and actions and understand and respond to concerns. This task will also review adaptation strategies and triggers and identify community-preferred adaptation pathways.
• Following community feedback and City reviews, Kleinfelder will support the Mithun/ESA team in consolidating the outcomes from Tasks 4 and 5.1 for incorporation into the Adaptation Plan. Final edits to the summaries and visualizations will be completed under this task, to confirm that these 536
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outcomes align with the stakeholder views of the potential migration of contaminants from environmentally impacted sites.

5.3 Preliminary CEQA Strategy

5.3.1 Initial Review Based on CEQA Appendix G Checklist • Conduct a preliminary evaluation of the adaptation strategy (i.e., project) identified for each priority location using the CEQA Appendix G Environmental Checklist to screen for potential impacts in categories such as:
o Biological resources
o Hydrology and water quality
o Air quality and greenhouse gas emissions
o Noise and traffic
o Cultural and tribal resources
o Hazards and hazardous materials
• Identify direct impacts (e.g., habitat disturbance during construction), indirect impacts (e.g., changes to sediment transport), and cumulative impacts from regional sea-level rise initiatives.

5.3.2 Analysis of CEQA Review Requirements for Each Project • Assess the likely CEQA approach needed for each project based on the identified potential impacts and project scope. Potential review levels include:
o Statutory or Categorical Exemptions (for minor or emergency projects) o Negative Declaration (ND) if no significant impacts are identified o Mitigated Negative Declaration (MND) if impacts can be mitigated below a significant threshold
o Environmental Impact Report (EIR) if significant, unavoidable impacts are identified • Consider potential tiering opportunities from regional or programmatic EIRs (e.g., Adapting to Rising Tides EIR, SRGO PEIR).
• Include considerations for climate adaptation pathways and the need for flexible project phasing under CEQA.

5.3.3 Identification of Permitting and Regulatory Constraints • Identify relevant state, regional, and federal permits (e.g., BCDC, Regional Water Quality Control Board, U.S. Army Corps of Engineers) that may be needed for the projects. • Highlight overlapping regulatory jurisdictions and potential areas for streamlining through coordinated permitting.

5.4 Land Use and Policy Approach

5.4.1 Identify Land Use, Policy, and Planning Opportunities and Challenges ERG will identify RSAP and SB 272 requirements, as well existing plans and policies in California and out-of-state, to ensure that outcomes are consistent with and responsive to state requirements and provide the City of Richmond with a robust plan that includes near, mid- and long-term land use, policy, and planning strategies to increase shoreline resilience. • Identify RSAP and SB 272 Requirements for Land Use Policies and Planning Assessments, Actions, and Pathways: Develop an excel spreadsheet that includes all RSAP and SB 272 requirements that are relevant to land use policy and planning. This includes ensuring that outcomes will be consistent with the RSAP Submittal Checklist.
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• Identify existing materials, develop research frameworks, and conduct review: ERG will review existing land use policies and planning documents within the City of Richmond, the SF Bay region, and the State of California to ensure an understanding of existing opportunities and challenges using land use policy and planning to increase shoreline resilience and equity. ERG will meet with City of Richmond to identify any additional resources and discuss any ongoing or future relevant projects or processes. ERG will also evaluate land use policy and planning in five to seven other states and regions to identify options for the City of Richmond’s Shoreline Adaptation Plan. To provide consistent outputs for this evaluation ERG will develop a framework to inform the literature review of material within and outside of California.
• City of Richmond situation assessment: To better understand the context of the City of Richmond, its efforts to-date, and the perspectives of its staff and partners, ERG will conduct a situational assessment, which will involve up to 10 interviews with City of Richmond staff, TWP, and regional agencies or special districts with land ownership and management responsibilities within the city.

Interviews will focus on an understanding of the existing land use and policy landscape within Richmond, including considerations of agencies and organizations that own or manage lands or infrastructure adjacent to the city and emerging issues and upcoming processes that could affect shoreline resilience. ERG will share draft interview questions with the Mithun team and t he city and will refine based on their feedback. We will also work with the Mithun team and the city to develop a list of interview respondents. ERG will analyze interview data and present key findings in a summary of results.
• Identify Land Use and Planning Vulnerabilities, Equity Considerations, Actions and Pathways:

Building on RSAP requirements, research, interviews, and situation assessment findings, ERG will develop a summary memo to be incorporated into the broader Subregional Shoreline Adaptation Plan that includes the following:
o A summary of the land use policy and planning vulnerabilities identified as part of the broader vulnerability assessment conducted for the Subregional Adaptation Plan. o Draft actions and pathways, including timing (e.g., near, mid, or longer term), mechanism (e.g., General Plan, specific plan, zoning code, update to building code, new program), resilience and community benefits of each action and pathway, and any related actions and pathways, including any necessary partners.
o Equity assessment of each action and pathway that identifies any land use planning or policy actions that might result in the displacement of existing socially vulnerable communities, the displacement of any critical infrastructure or resources and services that are currently used by vulnerable communities.

ERG will coordinate with the Mithun and the City to ensure that the draft actions and pathways are refined based on input from those identified as necessary to review.

4.5.2 Engage and Refine
ERG will work with Mithun and the City to obtain input and direction on the draft material developed in Task 5.4.1, with a focus on the summary memo outlining findings on vulnerabilities, equity considerations and draft land use policy and planning actions and pathways. • Hold meetings with the City, partners (e.g., Contra Costa County, EBRPD, BCDC), and regional agencies and special districts: Building on reviews by the Mithun team and the City of Richmond on the summary memo from Task 5.4.1, engage partner agencies and organizations to ensure that input is received from key partners including Contra Costa County, EBRPD, Caltrans, possibly BCDC.

Revise memo, including draft land use policy and planning actions and pathways. • Integrate draft findings and recommendations into broader community engagement: Based on revisions conducted by the Mithun team, the City and partners such as the County, ERG will develop a refined draft of findings and recommendations to be shared in broader community engagement. 538
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Amendment No. 1 / P.O./Contract No. 7132

ERG will work with Mithun to develop material to support engagement, including slides, graphics, one-pagers, talking points, and/or other.
• Refine and revise land use and planning vulnerabilities, actions, and pathways for the City of Richmond: Based on input received from partners and community members, revise findings and recommendations regarding vulnerabilities, equity considerations, and land use policy and planning actions and pathways.

4.5.3 Integrate into broader Subregional Shoreline Adaptation Plan With a revised draft findings and recommendations for land use policy and planning, ERG will work with the Mithun team to integrate this work into the broader plan, including identifying any opportunities and challenges presented by the full suite of actions and pathways and any revisions needed to improve alignment.
• Half day to one day working session to align actions. Conduct a half day or daylong session with the Mithun team to align all recommended actions and pathways to ensure an overarching narrative and comprehensive approach to resilience. Map actions and pathways to those vulnerabilities and consequences identified in the assessment in the near, mid and long term. Identify and address any conflicts and gaps and determine if any synergies or opportunities emerge from combining actions and/or based on the ordering of actions.
• Identify the land use policy and planning changes necessary in the near, mid and long term to achieve the preferred adaptation strategies and responses. Based on the outcomes from the Mithun team workshop and building on the draft final list of actions and pathways, ERG will identify any revisions or new land use policy and planning changes that will be necessary in the near, mid, and long terms to enable the preferred strategies and responses. • Coordinate with Mithun on content for maps of necessary land use changes and depictions of how those changes demonstrate adaptation over time as risks increase: ERG will coordinate with Mithun to ensure that the land use policy and planning recommendations are included on project maps and graphic, which will be developed by Mithun.
• Provide details on the policies and programs needed in the near, mid and long term to ensure success of the desired approach to shoreline resilience: ERG will develop implementation roadmaps for each land use policy and planning action and pathway to ensure that the steps for each action are outlined, including mechanisms (e.g. updated plan, new program, resilient codes for design and buildings), partners (e.g., Contra Costa County, Caltrans, EBRPD), timing, related actions, and the others details necessary to advance shoreline resilience. • Provide details on the needed actions and the timing of these actions to ensure that the existing plans and policies are updated, and that new plans and policies are adopted in the timeframe necessary for shoreline resilience. Building on the information developed for the implementation roadmaps developed, ERG will provide further detail on how land use policies and plans will need to change over time through updates and the adoption of new plans and policies to ensure adaptation pathways are responsive to projected and emerging flood risks.

*Note: City to provide anticipated future plans in context of priority areas and overall strategic approach

5.5 Cost Estimating
Outset Advisors to provide concept constructability review. Outset will provide constructability advice through concept plan development to ensure an efficient design as it relates to construction. Outset will 539
Contract Amendment between the City of Richmond and
Mithun, Inc.

Amendment No. 1 / P.O./Contract No. 7132

provide general constructability comments, plan review comments related to construction, general consultation, and attend meetings as requested; Outset will provide iterative budgeting, based on concept plans and input from the design team. The goal of this work is to develop ‘bookends’ for construction costs, to inform construction funding planning and requests.

5.6 Final Implementation Approach
The Mithun/ESA Team will refine the Draft Implementation Approach developed through Task 5.1, incorporate inputs and findings from Tasks 5.2–5.5, and develop a list of final implementation approaches.

This may be represented in a table format summarizing implementation strategies, actions to be taken, potential cost implications, and funding strategies, and will be incorporated into the SLR-ARP document.

Deliverables:
• Summary Memo of state and regional documents and plans reviewed; findings on challenges and opportunities; assessment of land use policies, opportunities and constraints related to adjacent land use and land use management; land use policy and planning vulnerabilities, equity considerations, and draft land use policy and planning actions and pathways (ERG) • Summary of comments received by partners and revised findings and recommendations ; Summary of comments received by community members and revised findings and recommendations; Revised findings and recommendations on land use policies, and planning actions and pathways.
• Aligned draft actions and pathways; Implementation graphical map and roadmap for recommended land use policy and planning actions; Implementation pathways that outline how land use policy and planning actions will need to adapt to ensure shoreline resilience in the mid and long term.
• Preliminary CEQA Deliverables:
o Screening matrix summarizing potential impacts by category and priority location. o Summary memo recommending the likely CEQA pathway for each project. o Matrix of anticipated permits and regulatory constraints for each priority shoreline segment. • Draft and Final Implementation Approach
• Provide Element D: Adaptation Pathways Based on minimum standards identified in BCDC 10/18 RSAP draft, section 3.3.
• Provide Element E: Land Use and Policy Plan based on strategic approach to RSAP Based on minimum standards identified in BCDC 10/18 RSAP draft, section 3.3. • Provide Element F: Implementation Plan and Funding Strategy based on strategic approach to RSAP Based on minimum standards identified in BCDC 10/18 RSAP draft, section 3.3.

Task 6: Sea Level Rise Adaptation and Resiliency Plan Preparation-- Document Technical Writing, Visualizations and Coordination (January – July 2026)

6.1 SLR-ARP Administrative Draft
The Mithun/ESA Team will prepare an administration draft of the Richmond Subregional Plan per SB272 for City and County core team review.

ERG will be responsible for the technical editing and writing of the draft final Subregional Shoreline Adaptation Plan, providing direction to the Mithun/ESA team writers at the beginning of the project and refining and revising to ensure a consistent and technical sound final draft document. • Develop early guidance: ERG’s technical writers and editors will work with ERG’s project manager to develop writing direction and guidance to align up front as much as possible. ERG will share direction and guidance with the Mithun team for one round of comments and revisions. 540
Contract Amendment between the City of Richmond and
Mithun, Inc.

Amendment No. 1 / P.O./Contract No. 7132

• Conduct technical editing and writing for draft final plan: ERG’s technical writers and editors will receive deliverables from the Mithun team at the schedule milestones and apply the early direction and guidance that was provided to the team and conduct any additional editing and writing to ensure a consistent and sound draft final Subregional Shoreline Adaptation Plan that can be reviewed by the City along the way and assembled into a final plan at the end of the process.
• City will work with Council members to discuss draft and identify issues to address in the updated final plan

6.2 Update plan based on coordinated comments
Comments from Administrative Draft will be draft before a Public Review Draft is issued. • Conduct a Public, City departments and Agency comment period on draft. • City resolution of public comments will be provided to Mithun team. • Facilitate a BCDC review
• Prepare a final draft incorporating feedback from public review and comment.

6.3 Presentation of Draft Plan to the City Council
Mithun will provide a slide presentation of the draft plan, including summary of public, agency and BCDC comments and plan recommendations.

6.4 Develop final Sea Level Rise Adaptation and Resiliency Plan (Richmond Subregional Plan) Deliverables:
• Detail overall findings, recommendations and adaptation priorities • Guidance and direction for lead writers of each Element • Draft Sea Level Rise Adaptation and Resiliency Plan (Richmond Subregional Plan per SB272) • Presentation to City Council
• Final Sea Level Rise Adaptation and Resiliency Plan (Richmond Subregional Plan per SB272) • Provide Element G: Project List Based on minimum standards identified in BCDC 10/18 RSAP draft, section 3.3.

541
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (AMENDMENT HISTORY)

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

542
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 1 of 3

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
543
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 2 of 3

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

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

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

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

544
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

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

Subcontractors

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

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

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

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

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

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

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

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

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

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

Reporting Requirements

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

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

545
ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #

COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

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

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
7/15/2024
License # 0C3686113056Mithun, Inc.1201 Alaskan Way Ste 200Seattle, WA 9810131194 A 2,000,000XXPSB00109531/1/20241/1/20251,000,00010,000Included4,000,0004,000,0001,000,000A PSA00035811/1/20241/1/2025 A PSW00059111/1/20241/1/20251,000,000N 1,000,0001,000,000BProf Liab/Poll1073618451/1/2024Ea Claim /$200k Ded1,000,000BProf Liab/Poll1073618451/1/20241/1/2025Aggregate1,000,000The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds with respect to General Liability per form attached. Waiver of Subrogation applies per forms attached. Coverage is primary and non-contributory per form attached.

City of Richmond450 Civic Center PlazaRichmond, CA 94804 MITHINC-02MKELLY
Seattle-Alliant Insurance Services, Inc.401 Union Street, 31st FloorSeattle, WA 98101Melanie [email protected] Insurance CompanyTravelers Casualty and Surety Company of America X1/1/2025
X XXX
546
Policy Number: RLI Insurance Company
Named Insured:

PPB 304 02 12 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

RLIPack® FOR PROFESSIONALS

BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM - SECTION II – LIABILITY

1. C. WHO IS AN INSURED is amended to include as
an additional insured any person or organization that
you agree in a contract or agreement requiring
insurance to include as an additional insured on this
policy, but only with respect to liability for "bodily
injury", "property damage" or "personal and
advertising injury" caused in whole or in part by you
or those acting on your behalf:
a. In the performance of your ongoing operations;
b. In connection with premises owned by or rented
to you; or
c. In connection with “your work” and included
within the “product-completed operations
hazard”.

2. The insurance provided to the additional insured by
this endorsement is limited as follows:
a. This insurance does not apply on any basis to
any person or organization for which coverage
as an additional insured specifically is added by
another endorsement to this policy.
b. This insurance does not apply to the rendering
of or failure to render any "professional
services".
c. This endorsement does not increase any of the
limits of insurance stated in D. Liability And
Medical Expenses Limits of Insurance.

3. The following is added to SECTION III H.2. Other
Insurance – COMMON POLICY CONDITIONS
(BUT APPLICABLE ONLY TO SECTION II –

LIABILITY)
However, if you specifically agree in a contract or
agreement that the insurance provided to an
additional insured under this policy must apply on a
primary basis, or a primary and non-contributory
basis, this insurance is primary to other insurance
that is available to such additional insured which
covers such additional insured as a named insured,
and we will not share with that other insurance,
provided that:
a. The "bodily injury" or "property damage" for
which coverage is sought occurs after you have
entered into that contract or agreement; or
b. The "personal and advertising injury" for which
coverage is sought arises out of an offense
committed after you have entered into that
contract or agreement.

4. The following is added to SECTION III K. 2.

Transfer of Rights of Recovery Against Others to
Us – COMMON POLICY CONDITIONS (BUT
APPLICABLE TO ONLY TO SECTION II –

LIABILITY)
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal and advertising injury" arising
out of "your work" performed by you, or on your
behalf, under a contract or agreement with that
person or organization. We waive these rights only
where you have agreed to do so as part of a
contract or agreement with such person or
organization entered into by you before the "bodily
injury" or "property damage" occurs, or the "personal
and advertising injury" offense is committed.

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

PSB0010953
Mithun, Inc.
547
Policy Number: RLI Insurance Company
PPB 333 03 13 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

RLIPack® FOR PROFESSIONALS
ADDITIONAL INSURED ENDORSEMENT C –

SCHEDULED CONTRACTOR OR OWNER
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM – SECTION II – LIABILITY

SCHEDULE
Name of Contractor or Owner:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
The insurance provided by this endorsement does not apply to the rendering of or failure to render any "professional services".

A. Section II – Who Is An Insured is amended to
include as an insured the person or organization
shown in the Schedule, but only with respect to
liability for "bodily injury", "property damage", or "per- sonal and advertising injury " arising out of your
ongoing operations performed for that insured.

B. With respect to the insurance afforded to these addi - tional insureds, the following exclusion is added:

2. Exclusions
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
(1) All work, including materials, parts or
equipment furnished in connection with
such work, on the project (other than
service, maintenance or repairs) to be
performed by or on behalf of the addi -
tional insured(s) at the site of the cov -
ered operations has been completed;
or
(2) That portion of "your work" out of which
the injury or damage arises has been
put to its intended use by any person
or organization other than another con -
tractor or subcontractor engaged in
performing operations for a principal as
a part of the same project.

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

PSB0010953
548
Policy Number: RLI Insurance Company
PPB 334 03 13 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

RLIPack® FOR PROFESSIONALS
ADDITIONAL INSURED – SCHEDULED CONTRACTOR OR OWNER –

COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM – SECTION II – LIABILITY

SCHEDULE
Name of Person or Organization:

Location and Description of Completed Operations:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
The insurance provided by this endorsement does not apply to the rendering of or failur e to render any "professional services".

Section II – Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of thi s endorsement performed for that insured and included in the "products-completed operations hazard".

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

PSB0010953
549

CITY OF RICHMOND

STANDARD CONTRACT

Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

1. Parties.

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Ex
piration Date:

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

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

3. Payment Limit.

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

4. Contractor’s Obligations.

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

5. City's Obligations.

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

Community Development
Lina Velasco
[email protected]
(510) 620-6841
16533
/ 7132
Mithun, Inc. will assist the City in the development of a Sea Level Rise Adaptation Plan for the Richmond shoreline, including outreach and data collection.

Mithun, Inc.
585 Howard St # 300
San Francisco, CA 94105
Graham Laird Prentice
(415) 956-0688
[email protected]
4006-6177
December 31, 2024
July 2, 2024
June 30, 2026
400,000
✔
Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 550

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

7. General Conditions.

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

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

9. Insurance Provisions.

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

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

Title: By:

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

Date Signed:

B y :

City Clerk

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

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

LIST OF ATTACHMENTS:

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

Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 9/13/2024
Partner
Finance Director
9/26/2024
10/3/2024Mayor
551
For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN

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

The Mithun team will assist the Community Development Department in the development of the City's Sea Level Rise Adaptation and Resiliency Plan (SLR-ARP). Mithun and subcontracted organizations will provide the plan components created in this scope for sea level rise adaptation, including a vision document reflecting the community’s goals for sea level rise adaptation, an updated sea level rise vulnerability analysis, an identification of specific adaptation measures to promote shoreline restoration and protection, and an overview of implementation pathways to realize priority projects. The City acknowledges that the contemplated SLR-ARP may not align with the complete BCDC requirements pending for municipal sea level rise action plans and that additional funding and scope of work components will be necessary to comply with regional guidelines and legislation.

The key tasks in the scope of work to be completed within the 24-month contract term are as follows:

Task 1 - Project Initiation & Project Management: The Mithun team will A) create the project schedule and project organization chart B) provide maintenance of the project schedule, reporting, and budget management throughout the project
C) provide grant support for OPC application (completed).

Note: Mithun recommends a cadence of bi-weekly team meetings with City staff and total active project duration not exceeding 18-months for the service plan described (36 meetings total) and aligned with task completion (see Level of Effort and Fee Summary below).

Task 2 - Community Engagement and Outreach Support: The Mithun team will A) facilitate and/or support a community liaison facilitator for up to seven public meetings (i.e. 3 large community meetings, 1 technical workshop with local & regional representatives, 2 Planning Commission meetings, and 1 City Council meeting) B) create outreach materials for each meeting. Translated materials will be targeted for each large community meeting.

C) support a community-based organization (CBO) consultant to develop a Community Vision Document crafted with the participation of the Richmond community to provide input on the Sea Level Rise Adaptation and Resiliency Plan.

Task 3 – Updated Sea Level Rise Vulnerability Assessment: The Mithun team will compile existing studies and data layers, including the 2023 Kristina Hill et al study on Mithun, Inc.

City of Richmond
Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 552
Fee Schedule:

Mithun-ESA Team
Task 1: Project Initiation

$14,625
Task 2: Community Engagement and Outreach Support $24,875 Task 3: Confirm Vulnerable Assets $33,750
Task 4: Adaptation Responses $85,500
Task 5: Implementation Approach $32,250
Task 6: Sea Level Rise Adaptation Framework $20,000
Task 7: Project Management $24,000

Mithun-ESA Consultant Subtotals $235,00

Allowance for additional input on governance, funding,
and specialty engineering
$15,000

Additional Services & Estimated Costs
Task 1
Grant application support and grant writing
$8,000-$12,000

Task 2
Watershed Project subcontract for community
engagement
≤ $68,000
Task 3
Inventory of contaminated sites including:
• Detailed assessments of priority locations
• Topographic/bathymetric surveys
• Soil and groundwater contamination testing and
analysis
• Utility and infrastructure mapping
• Hydraulic modeling for creeks and stormwater
systems
$30,000-$50,000 pending
additional scope discussions

Task 4
Development of an additional adaptation option,
besides those described in the scope of work
$20,000

TOTAL $400,000.00

contaminated sites within Richmond (both active and closed) that are vulnerable to sea level rise inundation as well as associated groundwater rise, and incorporate the data into the Vulnerability Assessment by mapping the sites relation to critical assets and vulnerable populations. The team will also incorporate additional analysis being proposed by Kristina Hill’s team to identify potential contaminant flow pathways for volatile organic compounds (VOCs), which can mobilize through existing sewer lines, and heavy metals, which can mobilize due to increased salinity exposure and groundwater flow.

Desktop-Level Vulnerability Analysis of Contaminated sites:

A) Compile the data collected by Kristina Hill study on contaminated sites (both active and closed) identified within Richmond that are vulnerable to sea level rise inundation as well as associated groundwater rise (known contamination within 3 meters of existing surface).
o Geolocate contaminated sites in relation to Richmond’s critical assets - Use 11 asset categories, similar to the Vulnerability and Risk Study included in City of Richmond CAP (Appendix F).
o Assess potential impacts to public health based on exposure and toxicity, esp. socially vulnerable communities using BCDC-assigned ordinal social vulnerability scores to census blocks, using variables such as income, education, and race.

B) High-level contaminant mobility assessment: Incorporate additional analysis being done by Kristina Hill team, based on USGS groundwater surface modeling, to identify potential flow pathways for:
o Volatile organic compounds (VOCs) mobilized through nearby existing sewer lines (potentially affecting buildings).
o Heavy metals mobilized by increased salinity and groundwater flow (potentially affecting natural areas).
o Also plans to look at how isolated (local) protective pumping could affect flat and low-lying areas could affect groundwater gradients and contaminant transport.

C) Draw exposure radii (from increased mobility assessment) around each site (e.g., 1,000 ft) to aggregate results and identify areas of most concern.

This will culminate in:

D) an updated Sea Level Rise Vulnerability Assessment and a digital elevation model.

Task 4 - Adaptation Responses: The Mithun team will
A) identify adaptation strategies, goals and objectives.

B) develop two adaptation alternatives for 6-7 priority locations that have the greatest near-term exposure and risk to sea level rise, including critical infrastructure. There is an option (at City discretion) to shift from 6-7 to 3-4 priority sites at the conclusion of Task 3 – Updated Sea Level Rise Vulnerability Assessment, in order to achieve an increased level of detail for a smaller number of potential projects.

Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 553
Mithun 2024 Billing Rates:
1 $295
2 $255
3 $220
4 $200
5 $190
6 $180
7 $170
8 $160
9 $150
10 $135
Effective 05/01/2024
Staff Level Billing Rate
Fee Schedule:

Mithun & Subconsultant Team
Task 1: Project Initiation & Management $50,000
Task 2: Community Engagement & Outreach Support $85,000 Task 3: Updated SLR Vulnerability Assessment $95,000
Task 4: Adaptation Responses $115,000
Task 5: Implementation Approach $35,000
Task 6: Sea Level Rise Adaptation Plan Components $20,000 1050 hrs 930 hrs
Estimated Duration Est. Mithun Hrs Est. Subconsultant Hrs 24 months / 18 active 230 hrs ---
12 months / 6 active 125 hrs
6 months / 6 active 175 hrs
12 months / 8 active 300 hrs
6 months / 4 active 125 hrs
4 months / 2 active 95 hrs
*Direct Expenses are included, and not exceed 5% of staff time

ESA & CBO
ESA & Dr. K. Hill
ESA
ESA

ESA & CBO
Project Total Budget $400,000 (24 months/18 acve)
Task 5 - Implementation Approach: The Mithun team will A) provide a narrative overview of suggested approach to land use, ownership, permitting, regulatory frameworks, phasing strategies, and project milestones recommendations to implement adaptation strategies for the near-term priority locations identified in Task 4.

Task 5 - Implementation Approach: The Mithun team will
A) provide a narrative overview of governance, phasing strategies, and project milestones recommendations to implement adaptation strategies for the near-term priority locations identified in Task 4.

Task 6 - Sea Level Rise Adaptation Plan Components: The Mithun team will A) draft plan components determined in the above tasks. The City will provide one set of compiled review comments on the draft.

B) finalize the Sea Level Rise Adaptation and Resiliency Plan components. The City will provide one set of compiled review comments on the final deliverables.

Exclusions:
 Cross-jurisdictional and agency coordination.
 An equity assessment to respond to the RSAP requirements.  Analysis of existing Plans, studies, regulatory codes related to addressing and response to coastal flooding hazards (draft RSAP requirement for existing conditions)
 Draft of evaluation and criteria for the two adaptation alternatives that can be used to respond to potential RSAP draft requirements.
 Documentation of adaptation pathways and demonstration of how adaptation strategies meet RSAP standards (Matrix of Adaptation Standards)  Implementation Plan requirements for RSAP.
 Land Use and Policy Plan for RSAP

The contract payment limit is $400,000. The fee schedule is as follows:

Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 554
For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS

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

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

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

Lina Velasco
Mithun, Inc.

Community Development
Lina Velasco
Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 555
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

City of Richmond

Richmond, CA 94804-0046

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

Mithun, Inc.

Mithun, Inc.

Lina Velasco
450 Civic Center Plaza
Graham Laird Prentice
585 Howard St # 300
San Francisco, CA 94105
Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 556
General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

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

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

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

4. Patents, Trademarks, Copyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 557
General Conditions/EJ/TE 01-19-11 2 of 13

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

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

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

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

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

Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 558
General Conditions/EJ/TE 01-19-11 3 of 13

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

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

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

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

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

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

Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 559
General Conditions/EJ/TE 01-19-11 4 of 13

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

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

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

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

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

9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 560
General Conditions/EJ/TE 01-19-11 5 of 13

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

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

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

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

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

Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 561
General Conditions/EJ/TE 01-19-11 6 of 13

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

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

15. Indemnification
.

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

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 562
General Conditions/EJ/TE 01-19-11 7 of 13

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

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

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

16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 563
General Conditions/EJ/TE 01-19-11 8 of 13

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

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

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

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

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

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

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

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 564
General Conditions/EJ/TE 01-19-11 9 of 13

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

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

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

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

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

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

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 565
General Conditions/EJ/TE 01-19-11 10 of 13

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

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

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

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

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

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

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

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

Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 566
General Conditions/EJ/TE 01-19-11 11 of 13

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

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

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

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

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

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

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

35. Severability
. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 567
General Conditions/EJ/TE 01-19-11 12 of 13

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

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

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

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

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

39. Performance and Final Acceptance
.

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

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

Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 568
General Conditions/EJ/TE 01-19-11 13 of 13

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

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

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

Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 569
For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS

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

See next pages for Special Conditions.

Mithun, Inc.

Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 570

1. GENERAL CONDITIONS. Exhibit D, Section 3 is modified as follows:

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

2. GENERAL CONDITIONS. Exhibit D, Section 10 is modified as follows:

Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations. City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. The foregoing notwithstanding, Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession “Standard of Care.” In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.

3. GENERAL CONDITIONS. Exhibit D, Section 13 is modified as follows:

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

4. GENERAL CONDITIONS. Exhibit D, Section 15, Paragraph (a) is modified as follows:

If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 571
the City, its officers, agents, employees, and volunteers from and against any and all third party claims, damages, losses, and expenses including attorneys’ fees to the extend they arise arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors. Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.

5. GENERAL CONDITIONS. Exhibit D, Section 15, Paragraph (b) is deleted.

If t his Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.

6. GENERAL CONDITIONS. Exhibit D, Section 15, Paragraph (c) is modified as follows:

For claims brought under Constractor’s Commercial General Liability and Automobile Liability insurance only, It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or but
not a determination that persons other than Contractor
are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 572
final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party.

7. GENERAL CONDITIONS. Exhibit D, Section 16 is modified as follows:

Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete responsibility for the safety of Contractor's employees and any subContractor's employees to the extent they occur at Contractor’s place of business. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone. The foregoing notwithstanding, Contractor is not responsive for jobsite or construction site safety.

8. GENERAL CONDITIONS. Exhibit D, Section 20, Paragraph 3 is deleted.

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

9. GENERAL CONDITIONS. Exhibit D, Section 34 is deleted.

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

All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.

Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 573

10. GENERAL CONDITIONS. Exhibit D, Section 39. Paragraph 2 is modified as follows:

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible, to that same degree, for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard. City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

11. GENERAL CONDITIONS. Exhibit D, Section 41 is added:

Reference Materials. This Plan may require the use of software and reference materials that are evolving and incomplete. These software tools and reference materials may leave proposed design direction or criteria unclear. The Contractor and City will discuss the use of selected software, reference materials, and design criteria. Additionally, the City shall provide information relating to a citywide inventory of contaminated sites and other areas of critical importance. The Contractor shall be permitted to rely on the information in the agreed-upon software tools and reference materials and on the design decisions, areas of critical importance, and defined objectives made by the City in response to these materials.

12. GENERAL CONDITIONS. Exhibit D, Section 42 is added:

Hazardous Materials. If the Architect is required to perform services related to hazardous materials, the Owner agrees to release, defend, indemnify and hold harmless the Architect, the Architect’s officers, partners, agents, subconsultants and any of their employees from, for and against any and all claims, actions, causes of action, liabilities, losses, expenses, damages, and costs, including attorneys’ fees and costs of defense or in the enforcement of the obligations under this indemnity provision, arising out of or resulting from performance of services by the Architect, the Architect’s officers, partners, agents, subconsultants and any of their employees related to such services, except where such liability arises from the sole negligence or willful misconduct of the person or entity seeking indemnification.

13. GENERAL CONDITIONS. Exhibit D, Section 43 is added:

The total aggregate liability of Contractor and its Consultants to City or anyone claiming by or through City under this Agreement or arising out of the Project, whether in tort or in contract, for any cause of action shall be limited to the amount of insurance then available to fund any settlement, award or verdict, but in any event, no higher than the amount of insurance required to be obtained by Contractor under this Agreement. City Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 574
agrees that, to the fullest extent permitted by law, and notwithstanding any other provision in this Agreement, nothing shall be construed to create or impose personal liability on any shareholder, officer, director, partner, principal or employee of Contractor in connection with this Agreement or the Project.

14. GENERAL CONDITIONS. Exhibit D, Section 44 is added:

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

Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 575
For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS

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

Mithun, Inc.

Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 576
CIT

Y OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). C
ontractor 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”). Con tractor 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. “Extrem e Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing.

Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

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

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)
24 Exhibit G
Mithun, Inc.

June
7th
Anne Torney
Partner
June 7, 2024
MIthun, Inc,
Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 577
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type
2 – Page 1 of 3
R
evised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

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

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

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

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

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

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

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

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

2. Ins
urance 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 i
ts equivalent) with primary and non-contributory language.

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

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

6. Professi
onal Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s professi
on (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

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

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

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

Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 578
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 2 of 3

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

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

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

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

Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 579
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

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

Subcontractors

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

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

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

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

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

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

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

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

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

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

Reporting Requirements

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

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

Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 580

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER CONTACT
NAME:

FAXPHONE
(A/C, No):(A/C, No, Ext):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $

PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $

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

OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS

HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY AUTOS ONLY (Per accident)
$

OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $

PER OTH-

STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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

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

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

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

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
$
$
$
$
$The ACORD name and logo are registered marks of ACORD
7/15/2024
License # 0C36861
13056
Mithun, Inc.
1201 Alaskan Way Ste 200
Seattle, WA 98101
31194
A 2,000,000
XX PSB0010953 1/1/2024 1/1/2025 1,000,000
10,000
Included
4,000,000
4,000,000
1,000,000A
PSA0003581 1/1/2024 1/1/2025
A
PSW0005911 1/1/2024 1/1/2025 1,000,000
N 1,000,000
1,000,000
B Prof Liab/Poll 107361845 1/1/2024 Ea Claim /$200k Ded 1,000,000 B Prof Liab/Poll 107361845 1/1/2024 1/1/2025 Aggregate 1,000,000 The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds with respect to General Liability per form attached. Waiver of Subrogation applies per forms attached. Coverage is primary and non-contributory per form attached.

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
MITHINC-02 MKELLY
Seattle-Alliant Insurance Services, Inc.
401 Union Street, 31st Floor
Seattle, WA 98101
Melanie Kelly
[email protected]
RLI Insurance Company
Travelers Casualty and Surety Company of America
X
1/1/2025
X
X
X
X
Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 581
Policy Number: RLI Insurance Company
Named Insured:

PPB 304 02 12 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

RLIPack® FOR PROFESSIONALS

BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM - SECTION II – LIABILITY

1. C. WHO IS AN INSURED is amended to include as
an additional insured any person or organization that
you agree in a contract or agreement requiring
insurance to include as an additional insured on this
policy, but only with respect to liability for "bodily
injury", "property damage" or "personal and
advertising injury" caused in whole or in part by you
or those acting on your behalf:
a. In the performance of your ongoing operations;
b. In connection with premises owned by or rented
to you; or
c. In connection with “your work” and included
within the “product-completed operations
hazard”.

2. The insurance provided to the additional insured by
this endorsement is limited as follows:
a. This insurance does not apply on any basis to
any person or organization for which coverage
as an additional insured specifically is added by
another endorsement to this policy.
b. This insurance does not apply to the rendering
of or failure to render any "professional
services".
c. This endorsement does not increase any of the
limits of insurance stated in D. Liability And
Medical Expenses Limits of Insurance.

3. The following is added to SECTION III H.2. Other
Insurance – COMMON POLICY CONDITIONS
(BUT APPLICABLE ONLY TO SECTION II –

LIABILITY)
However, if you specifically agree in a contract or
agreement that the insurance provided to an
additional insured under this policy must apply on a
primary basis, or a primary and non-contributory
basis, this insurance is primary to other insurance
that is available to such additional insured which
covers such additional insured as a named insured,
and we will not share with that other insurance,
provided that:
a. The "bodily injury" or "property damage" for
which coverage is sought occurs after you have
entered into that contract or agreement; or
b. The "personal and advertising injury" for which
coverage is sought arises out of an offense
committed after you have entered into that
contract or agreement.

4. The following is added to SECTION III K. 2.

Transfer of Rights of Recovery Against Others to
Us – COMMON POLICY CONDITIONS (BUT
APPLICABLE TO ONLY TO SECTION II –

LIABILITY)
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal and advertising injury" arising
out of "your work" performed by you, or on your
behalf, under a contract or agreement with that
person or organization. We waive these rights only
where you have agreed to do so as part of a
contract or agreement with such person or
organization entered into by you before the "bodily
injury" or "property damage" occurs, or the "personal
and advertising injury" offense is committed.

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

PSB0010953
Mithun, Inc.

Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 582
Policy Number: RLI Insurance Company
PPB 333 03 13 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

RLIPack® FOR PROFESSIONALS
ADDITIONAL INSURED ENDORSEMENT C –

SCHEDULED CONTRACTOR OR OWNER
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM – SECTION II – LIABILITY

SCHEDULE
Name of Contractor or Owner:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
The insurance provided by this endorsement does not apply to the rendering of or failure to render any "professional services".

A. Section II – Who Is An Insured is amended to
include as an insured the person or organization
shown in the Schedule, but only with respect to
liability for "bodily injury", "property damage", or "per- sonal and advertising injury" arising out of your
ongoing operations performed for that insured.

B. With respect to the insurance afforded to these addi- tional insureds, the following exclusion is added:

2. Exclusions
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
(1) All work, including materials, parts or
equipment furnished in connection with
such work, on the project (other than
service, maintenance or repairs) to be
performed by or on behalf of the addi-
tional insured(s) at the site of the cov-
ered operations has been completed;
or
(2) That portion of "your work" out of which
the injury or damage arises has been
put to its intended use by any person
or organization other than another con-
tractor or subcontractor engaged in
performing operations for a principal as
a part of the same project.

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

PSB0010953
Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 583
Policy Number: RLI Insurance Company
PPB 334 03 13 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

RLIPack® FOR PROFESSIONALS
ADDITIONAL INSURED – SCHEDULED CONTRACTOR OR OWNER –

COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM – SECTION II – LIABILITY

SCHEDULE
Name of Person or Organization:

Location and Description of Completed Operations:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
The insurance provided by this endorsement does not apply to the rendering of or failure to render any "professional services".

Section II – Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations hazard".

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

PSB0010953
Docusign Envelope ID: 80DF44D1-0D3E-4FAA-89DC-995A1F7DBBBE 584

715 P Street, Sacramento, CA 95814
| [email protected] | www.opc.ca.gov 1
Wade Crowfoot | Secretary for Natural Resources | Council Chair Yana Garcia | Secretary for Environmental Protection
Malia Cohen | State Controller
Ben Allen | State Senator
Dawn Addis | State Assemblymember
Alexis Jackson | Public Member
Megan Rocha | Public Member

Staff Recommendation
September 10, 2024
Action Item:

Consideration and Approval of Disbursement of Funds for Senate Bill 1 Sea Level Rise Adaptation Planning Grant Program
Megan Williams, Coastal Adaptation Program Manager
Recommended Action: Authorization to disburse up to $5,421,250 to various grantees who submitted successful applications to the Senate Bill 1 Sea Level Rise Adaptation Planning Grant Program (SB 1 Grant Program) for sea level rise adaptation planning or implementation projects, as follows:

6.1 U p to $1, 500,000 to the City of Richmond for “Addressing Sea Level Rise Vulnerability: A Framework for Richmond and its Neighbors”

6.2 Up to $965,000 to the City of Mill Valley for the “Coastal Flooding Adaptation Plan for Richardson Bay, Mill Valley”

6.3 Up to $2,956,250 to the San Mateo County Harbor District for the “Surfers Beach Pilot Restoration Project”
Location: Statewide
Strategic Plan Goals and Objectives: Goal 1: Safeguard Coastal and Marine Ecosystems and Communities in the Face of Climate Change; Objective 1.1: Build Resiliency to Sea-Level Rise, Coastal Storms, Erosion and Flooding
Equity and Environmental Justice Benefits:

T
he SB 1 Grant Program meets many of the strategies and actions outlined in Goal 1 of OPC’s Equity Plan, which is to establish and implement more equitable and sustainable community engagement and funding methods to expand and enhance opportunities for ocean and coastal projects, policies, and research. According to the SLR Adaptation Criteria, each p roject , regardless of phase, must have outreach, education, and community engagement, especially to Item 6
585
Staff Recommendation – Item 6: SB 1 SLR Adaptation Planning Grant Program California Ocean Protection Council Meeting | September 10, 2024 2 environmental justice (EJ) communities and tribes, as part of the project’s scope. Equity and EJ benefits include community engagement, locally driven adaptation priorities, improved coastal habitat, and safer coastal access.

Findings and Resolution:

Staff recommends that the Ocean Protection Council (OPC) adopt the following findings:
“Based on the accompanying staff report and attached exhibit(s), OPC hereby finds that:

1. The proposed projects are consistent with the purposes of Division 26.5 of the Public Resources Code, the California Ocean Protection Act;

2. The proposed projects are consistent with the Budget Act of 2022 which included a $37.5 million Greenhouse Gas Reduction Fund appropriation for implementation of Chapter 236 of the Statutes of 2021 (SB 1); and

3. The proposed projects are not ‘legal projects’ that trigger the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section, section 15378, except for

6.3 “Surfers Beach Pilot Restoration Project.”
Staff further recommends that OPC adopt the following resolution pursuant to Sections 35500 et seq. of the Public Resources Code:
“OPC hereby approves the aut
horization to disburse up to $5,421,250 to various grantees who submitted successful applications to the Senate Bill 1 Sea-Level Rise Adaptation Planning Grant Program for sea level rise adaptation planning or implementation projects, as follows:
• U p to $1, 500,000 to the City of Richmond
• Up to $965,000 to the City of Mill Valley
• Up to $2,956,250 to the San Mateo County Harbor District This authorization is subject to the condition that prior to disbursement of funds, each grantee shall submit for the review and approval of the Executive Director of the OPC detailed work plans, schedules, staff requirements, budgets, and the names of any contractors intended to be used to complete the projects, as well as discrete deliverables that can be produced in intervals to ensure the projects are on target for successful completion. All projects will be developed under a shared understanding of process, management, and delivery.”
Executive Summary:

Staff recommends that the Ocean Protection Council approve the disbursement of up to $5,421,250 to fund three projects submitted by local and regional governments that successfully 586
Staff Recommendation – Item 6: SB 1 SLR Adaptation Planning Grant Program California Ocean Protection Council Meeting | September 10, 2024 3 met the requirements of the Senate Bill 1 Sea Level Rise Adaptation Planning Grant Program (SB 1 Grant Program) and will result in sea level rise (SLR) adaptation planning or implementation projects. In August of 2023, OPC approved the disbursement of up to $95.9 million for the SB 1 Grant Program to fund SLR adaptation planning or implementation projects.

Th e overall goal of the SB 1 Grant Program is to provide funding for coastal communities to develop consistent SLR adaptation plans and projects to build resilience to SLR along the entire coast of California and San Francisco Bay. To achieve this goal, the SB 1 Grant Program offers two tracks of funding: one for pre-planning and planning phases (Track One), and one for the project and implementation phase (Track Two). Track One (projects in the Pre-Planning, Data Collection, and Planning Phases) officially opened for proposal submission in December of 2023, and accepts proposals on a non-competitive, rolling, quarterly basis, provided the proposals satisfy the program requirements. Track Two proposals (Implementation Project Phase) will be accepted through a competitive process starting in mid-2025, subject to availability of funding. This delay from the originally planned mid-late 2024 opening is due to adjustments in the SB 1 Grant Program’s funding allocation, with $36.8 million delayed until 2026, reducing the immediate funds available for Track Two. However, recognizing the importance of funding timely implementation projects, OPC is accepting the submission of Track Two Letters of Intent (LOI) before the acceptance of Track Two proposals to advance urgent projects that address near-term SLR threats.

The total amount requested across all three projects is $5,421,250. These projects cover a variety of critical areas, including pre-planning, data collection, detailed adaptation planning, and an urgent implementation project that addresses near-term SLR threats. All proposals and LOIs were reviewed by OPC staff, in collaboration with either California Coastal Commission (CCC) or San Francisco Bay Conservation and Development Commission (BCDC) staff, depending on the project area location. Proposals were reviewed for their adherence to the SLR Adaptation Criteria and the evaluation criteria set forth within the solicitation. This resulted in the second set of projects recommended for funding under this program to meet the foundational purpose of equipping California’s coastal communities with robust, consistent, and comprehensive SLR adaptation plans to build resilience against the impacts of SLR and ensure that both local and regional efforts are well-coordinated and uniformly advanced statewide.

Track 1 (Pre-Planning, Data Collection, and Planning) Project Summaries:

6.1 Addressing SLR Vulnerability: A Framework for Richmond and its Neighbors Project Summary:

The City of Richmond, California, in northwest Contra Costa County, contains 32 miles of San Francisco Bay shoreline. Richmond is home to a wide range of industries, natural areas, and 587
Staff Recommendation – Item 6: SB 1 SLR Adaptation Planning Grant Program California Ocean Protection Council Meeting | September 10, 2024 4 diverse communities, many of which are EJ communities that have long suffered from racial and economic inequity, and are highly vulnerable to SLR. The City is navigating ongoing ecological and public health challenges due to soil and groundwater contamination. SLR will increase the risk of flooding in marginalized communities, erode valued habitats and recreational areas, and create new risks of exposure to legacy groundwater contaminants. The City proposes to use SB 1 grant funds to conduct a community-based collaborative planning process and to develop a Sea Level Rise Adaptation and Resiliency Plan (SLR-ARP), reflecting Phases 1, 2 and 3 of the SB 1 planning process. This process aims to establish a shared understanding of vulnerabilities, bring together a broad range of interested parties, including residents, local businesses, landowners, community organizations, and other government agencies, identify priorities for shoreline adaptation, guide the City’s updates of land use policies and permitting, and establish partnerships to implement adaptation projects in the coming years.

Equity and Environmental Justice Benefits:

The City of Richmond, with approximately 115,000 residents, faces significant EJ challenges, particularly in its shoreline areas, which also impact neighboring cities. The City’s industrial landscape, including major freeways and refineries, contributes to a disproportionate pollution burden, especially in communities near these facilities. In 2022, Richmond mapped disadvantaged communities identified by the California Environmental Protection Agency pursuant SB 535 (Chapter 830, Statutes of 2012) and cumulative pollution burdens identified in the California Communities Environmental Health Screening Tool (CalEnviroScreen) as part of its EJ Element update to the General Plan. According to the City’s analysis using CalEnviroScreen 4.0 data, multiple census tracts in Richmond rank in the highest 25 percentile pollution burden statewide, with one tract falling within the top 4 percentile.

This project builds on these efforts, addressing concerns about soil contamination due to rising sea levels, a focus of a July 2023 measure to inventory toxic sites along the shoreline. The project emphasizes expanding community capacity-building in climate resilience through multilingual engagement, workforce development, and consultation with local Native American Tribal members. By prioritizing racial equity and justice, the project aims to create a community- centered vision for SLR adaptation, ensuring Richmond’s shoreline protection efforts are inclusive and sustainable.

About the Grantee:

The City of Richmond, situated along the San Francisco Bay in Contra Costa County, oversees a diverse urban area with over 32 miles of shoreline. The City has extensive experience in environmental planning and managing coastal resilience projects. Richmond has been proactive in addressing the challenges posed by SLR. With its strong track record in coordinating regional and 588
Staff Recommendation – Item 6: SB 1 SLR Adaptation Planning Grant Program California Ocean Protection Council Meeting | September 10, 2024 5 local initiatives, Richmond is well-positioned to lead the development of a robust SLR Adaptation Plan that protects its shoreline and enhances community resilience. This effort is in alignment with the requirements of Senate Bill 272 (Laird, 2023), which requires coastal local governments to develop comprehensive SLR plans.

Project Timeline:

This project will be completed over two years.

Project Financing:

Staff recommends that OPC authorize disbursement of up to $1,500,000 to the City of Richmond for Addressing SLR Vulnerability: A Framework for Richmond and its Neighbors. This project includes leveraged non-state funds of $100,000 for a project total of $1,600,000.

6.2 Coastal Flooding Adaptation Plan for Richardson Bay, Mill Valley Project Summary:

The City of Mill Valley is currently vulnerable to high tide flooding with impacts seen today.

Sections of the City and Greater Mill Valley currently flood during King Tides, about 10 – 20 days per year, and the number of high tide flooding days will triple in the future with rising seas. Rising groundwater tables from extreme precipitation also exacerbates flood hazards, especially during high and King tides. This, again, will only increase in the future with rising seas’ impact on groundwater tables and with the projected increased intensity of short and long-term duration extreme precipitation. Some of the City’s most important community resources and the well-used Bay Trail’s multi-use path are currently located in the floodplain and are vulnerable to flooding.

Building on ongoing County of Marin-led studies that assess the entire County’s flood exposure, the City of Mill Valley seeks to collate existing coastal flood hazard exposure and risk information along its shoreline, develop a robust community engagement and outreach effort to bring the community voice into shoreline planning, develop an adaptation plan, and identify prospective adaptation strategies with 30% design completed under this project.

Equity and Environmental Justice Benefits:

The City of Mill Valley, though not designated as an EJ community, faces significant and growing flood risks, particularly during King Tides, which are expected to worsen with rising sea levels. One of the city’s two primary evacuation routes, Miller Avenue, repeatedly floods during these events, leading to road closures and dangerous detours. This area is home to critical infrastructure, including the City’s only middle school, senior assisted living and memory care facility, community center, and the Sewerage Agency of Southern Marin. These facilities, built on a FEMA Special 589
Staff Recommendation – Item 6: SB 1 SLR Adaptation Planning Grant Program California Ocean Protection Council Meeting | September 10, 2024 6 Hazard Area floodplain, are at high risk of flooding, posing severe threats to the community’s safety. A critical aspect of this project is addressing these risks in the context of the Superfund status along portions of the City’s shoreline. In response to these concerns, the City is committed to developing a comprehensive and inclusive Community Engagement Plan as part of this project.

The project will involve a series of focus group meetings and interactive community workshops designed to build understanding of current and future flood risks. The workshops are intended to empower community members to actively participate in shaping the City’s adaptation strategies, ensuring the community plays a vital role in selecting and designing 1-3 adaptation strategies to be advanced to 30% design.

About the Grantee:

The City of Mill Valley, located along Richardson Bay in Marin County, has already experienced the impacts of SLR, with frequent flooding affecting key infrastructure and daily life. The City has participated in regional adaptation planning through its involvement with One Tam – a partnership between California State Parks, Marin County Parks, and other regional entities. Additionally, the City is building on extensive work done by Marin County and recent studies conducted by the Transportation Authority of Marin, which have highlighted key vulnerabilities in the area. The City is now focused on developing its own comprehensive SLR Adaptation Plan, in compliance with the requirements of SB 272. By leveraging its experience in regional collaborations and its proactive approach to local resilience planning, the City of Mill Valley is well positioned to lead this critical project and enhance the long-term resilience of its shoreline.

Project Timeline:

This project will be completed over two years.

Project Financing:

Staff recommends that OPC authorize disbursement of up to $965,000 to the City of Mill Valley for the Coastal Flooding Adaptation Plan for Richardson Bay, Mill Valley. This project includes leveraged non-state funds of $200,000 for a project total of $1,165,000.

Track 2 (Urgent Implementation) Project Summary:

6.3 Surfers Beach Pilot Restoration Project
Project Summary:

San Mateo County Harbor District (SMCHD) is requesting support under OPC’s SB 1 Grant Program, Track 2 Implementation Project category to assist with construction costs to complete the 590
Staff Recommendation – Item 6: SB 1 SLR Adaptation Planning Grant Program California Ocean Protection Council Meeting | September 10, 2024 7 proposed Surfers Beach Pilot Restoration Project. This multijurisdictional project has been in the planning phase since 2017 and is being led by SMCHD. The project area is located inside the breakwaters of, and adjacent to, Pillar Point Harbor in San Mateo County. The goal is to address and reduce the accelerated and extreme coastal erosion rates that have occurred on the beaches adjacent to the Harbor due to effects created by the construction of the outer breakwaters, and eliminate the excessive shoaling caused by sand being trapped inside the Harbor. By reducing coastal erosion, the project is also expected to enhance the resilience of Highway 1, which has been previously threatened by the encroaching shoreline. The project involves 1) dredging and recovery of up to 100,000-cubic yards of clean sand within the Harbor along the East Breakwater and near the Boat Launch Ramp area and 2) using the recovered sand to restore a previously existing beach through construction of an elevated berm along approximately 1,400-foot-long section of shoreline at Surfers Beach. The overarching project will also mitigate current and future damages to eelgrass by creating new eelgrass habitat and relocating threatened eelgrass within the harbor to improve conditions for fish and wildlife species.

Equity and Environmental Justice Benefits:

For decades, Surfers Beach has been a vital site for low-cost recreational activities such as surfing, fishing, and beachgoing. The project aims to restore safe and accessible beach areas, enhancing these recreational opportunities while addressing SLR and coastal erosion. Throughout the project’s development, community engagement and inclusivity were prioritized, ensuring that local residents, including those from EJ communities, had a voice in the project’s design. SMCHD has facilitated extensive public participation through regular meetings, workshops, and consultations, allowing for diverse input.

As the project advances, SMCHD will continue to prioritize outreach, education, and community engagement, with a focus on EJ communities. This will include targeted efforts to engage those who are currently involved in local planning efforts and identify additional EJ communities within the planning area. SMCHD also plans to conduct meaningful consultation with California Native American tribes, ensuring that the project respects and integrates their cultural values and traditional knowledge. Through these efforts, SMCHD aims to create a project that not only restores the natural environment but also fosters inclusivity, accessibility, and community involvement.

About the Grantee:

The San Mateo County Harbor District manages Pillar Point Harbor and Oyster Point Marina on the San Mateo County coast. Established in 1933, SMCHD’s mission is to provide fiscally and environmentally responsible stewardship of its maritime resources, emergency response, and public access. Since 2017, SMCHD has been leading the planning and development of the Surfers 591
Staff Recommendation – Item 6: SB 1 SLR Adaptation Planning Grant Program California Ocean Protection Council Meeting | September 10, 2024 8 Beach Pilot Restoration Project. To support this effort, SMCHD has engaged experienced coastal management professionals, including Brad Damitz, who has over 25 years of expertise in coastal resilience and nature-based solutions. The project has involved extensive coordination with federal, state, and local agencies, reflecting SMCHD’s commitment to collaborative, environmentally responsible management of coastal resources.

Project Timeline:

This project will be completed over one year.

Project Financing:

Staff recommends that OPC authorize disbursement of up to $2,956,250 to the San Mateo County Harbor District for the Surfers Beach Pilot Restoration Project. This project includes leveraged non- state funds of $4,700,000 for a project total of $6,500,000.

Project Financing:

Staff recommends that the Ocean Protection Council authorize encumbrance of up to $5,421,250 to the following:

Recommended SB 1 Grant Program Projects OPC Non-OPC
Track 1 (Pre-Planning, Data Collection, and Planning) Projects

6.1 City of Richmond $1,500,000 $100,000

6.2 City of Mill Valley $965,000 $200,000
Track 2 (Urgent Implementation) Projects

6.3 San Mateo County Harbor District $2,956,250 $4,700,000 TOTAL $5,421,250 $5,000,000
The anticipated source of funds will be from the Budget Act of 2022, Greenhouse Gas Reduction Fund appropriation (Fiscal Year 2022/2023) to OPC for implementation of Chapter 236 of Statutes of 2021 (SB 1, Atkins). Pursuant to SB 1, funding is designated “for the purpose of making grants to 592
Staff Recommendation – Item 6: SB 1 SLR Adaptation Planning Grant Program California Ocean Protection Council Meeting | September 10, 2024 9 local and regional governments to update local and regional land use plans to take into account sea level rise and for directly related investments to implement those plans.” Consequently, all projects under the SB 1 Grant Program will focus on SLR Adaptation and fall within the pre- planning, planning, or implementation project phases. These projects will follow the SLR Adaptation Criteria, developed in accordance with SB 1 and in consultation with the SLR Collaborative.

Consistency with California Ocean Protection Act:

The proposed project is consistent with the Ocean Protection Act, Division 26.5 of the Public Resources Code, because it is consistent with trust-fund allowable projects, defined in Public Resources Code Section 35650(b)(2) as projects which:
• Eliminate or reduce threats to coastal and ocean ecosystems, habitats, and species. • Allow for increased public access to, and enjoyment of, ocean and coastal resources, consistent with sustainable, long-term protection and conservation of those resources. • Improve management, conservation, and protection of coastal waters and ocean ecosystems.
• Provide funding for adaptive management, planning coordination, monitoring, research, and other necessary activities to minimize the adverse impacts of climate change on California's ocean ecosystem.

Compliance with the California Environmental Quality Act (CEQA):

The various proposed projects under Track 1 (Pre-Planning, Data Collection, and Planning) are not ‘legal projects’ that trigger the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21068 and Title 14 of the California Code of Regulations, section 15378. If a project were determined to be a ‘legal project’ under CEQA, the proposed projects are statutorily exempt from review under CEQA pursuant to 14 Cal. Code of Regulations section 15262 as feasibility and planning studies.

For Project 6.3 under Track 2 (Urgent Implementation), the San Mateo County Harbor District, serving as the lead agency for CEQA compliance, prepared and certified a Mitigated Negative Declaration (MND) for the Surfers Beach Pilot Restoration Project in December 2022 ( SCH Number
2022100439).
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