Agenda — Richmond City Council, January 7, 2025 (part 1 of 4)

PLEASE NOTE: HYBRID MEETING FORMAT

- REGULAR MEETING OF THE RICHMOND CITY COUNCIL

Tuesday, January 7, 2025, 4:30 p.m.

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

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

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**The mayor will announce the agenda item number and open public comment when appropriate. 1-7-2025 cc mtg.
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3 in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to [email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509.

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Pages
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4 A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 4:30 p.m.

B. ROLL CALL
C. CLOSED SESSION
C.1 LIABILITY CLAIMS (Government Code Section 54956.9)
• Claimant: Terminal One Development, LLC.

C.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
• Title: City Attorney
C.3 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
• Agency Representatives: Sharrone Taylor, Jack Hughes, Lisa Charbonneau 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
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
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5 F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.

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

CLOSED SESSION
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) L.1 NEW EMPLOYEE REPORT - 1st Tuesday
M. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
N. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
N.1 City Attorney's Office
N.1.a Ordinance Creating New Business Activity Classification, “Class Q – Automobile Dealerships” and the Corresponding Rates
11 ADOPT an ordinance (second reading) amending Chapter 7.04.103 of the Richmond Municipal Code by creating a new Business Activity Classification, Class Q – Automobile Dealerships, and the corresponding rates – City Attorney’s Office (Dave Aleshire 510-620- 5454/Andrea Miller 510-620-6790).

N.2 City Clerk's Office
N.2.a Meeting Minutes 30
APPROVE the minutes of the November 19, November 26, and December 3, 2024, regular City Council meetings - City Clerk's Office (Pamela Christian 510-620-6513).
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6 N.3 City Council
N.3.a Resolution Urging the Federal Government to Support the Immediate Recognition of the Confederated Villages of Lisjan Nation, Muwekma Tribe and Ohlone Tribe’s Federal Status
62 ADOPT a resolution urging the U.S. Congress, the White House, the Department of the Interior and the Bureau of Indian Affairs to acknowledge and federally recognize all of the Chochenyo speaking tribes of the East Bay, including the Muwekma, the Confederated Villages of Lisjan Nation and the Ohlone Tribe of the San Francisco Bay Area – Councilmember Gayle McLaughlin (510-620-6636), Councilmember Doria Robinson (510-620-6568), and Vice Mayor Claudia Jimenez (510-620-6565).

N.3.b City contribution to Hope Solutions to provide supportive services for the Richmond Tiny Village Farm and Garden project.
66 DIRECT City staff to work with Contra Costa Interfaith Transitional Housing, Inc. (dba Hope Solutions) to prepare a contract and any other necessary agreements to provide supportive services for the Richmond Tiny House Village Farm and Garden project at 175 23rd Street for calendar year 2025 and bring these documents to the City Council for final approval by February 18, 2025 – Councilmember Gayle McLaughlin (510-620-6636), Vice Mayor Claudia Jimenez (510-620-6565), and Councilmember Doria Robinson (510-620- 6568).This item was continued from the November 26, 2024, meeting.

N.4 Community Development
N.4.a Residential Rental Inspection Program Ordinance Amendments 158 ADOPT an ordinance (second reading) amending Richmond
Municipal Code Chapter 6.40 Residential Rental Dwelling Unit Inspection and Maintenance to eliminate the self-certification process, expand units covered, including certain affordable housing units, and add other amendments to enhance the program – Community Development Department (Lina Velasco 510-620- 6841/George Kabaivanov 510-620-6649).

N.5 Economic Development
N.5.a Contract with Renaissance Entrepreneurship Center to Administer the Small Business Building Beautification Pilot Program. 189
APPROVE a contract with Renaissance Entrepreneurship Center for small business assistance in an amount not to exceed $340,000, with a term beginning on January 7, 2025, and ending on December 31, 2026 – Economic Development Department (Nannette Beacham 510-621-1306/Lizeht Zepeda 510-620-6653/Kyle Lam 510-620- 6802).
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7 N.5.b Contract with Empower Soul Studios for Events and Marketing Services for Buy Local Campaign
233
APPROVE a contract with Empower Soul Studios for event and marketing consultant services for the Buy Local Campaign in an amount not to exceed $156,000, for the term January 7, 2025, through December 31, 2026 – Economic Development Department (Nannette Beacham 510-621-1306/Lizeht Zepeda 510-620-6653/Kyle Lam 510-620-6802).

N.5.c Contract with Bludot Technologies, Inc. for Buy Local Software Platform
281
APPROVE a contract with Bludot Technologies, Inc. for a Buy Local software platform, in an amount not to exceed $200,000, for the term January 7, 2025, through December 31, 2026 – Economic
Development Department (Nannette Beacham 510-621-1306/Lizeht Zepeda 510-620-6653/Kyle Lam 510-620-6802).

N.5.d Public Health Institute CivicSpark AmeriCorps Program Contract 334 APPROVE a sole-source contract with Public Health Institute for one full-time CivicSpark AmeriCorps fellow for a total contract amount not to exceed $36,000, with a term ending on December 31, 2025 – Economic Development Department (Samantha Carr 510-620-5407/ Nannette Beacham 510-620-1306).

N.6 Finance Department
N.6.a Approval of Write-Off of Uncollectible Accounts Receivables 374 ADOPT a resolution authorizing the write-off of delinquent and/or uncollectible accounts receivable in the amount of $376,246.42 – Finance Department (Andrea Miller 510-620-6790/Mubeen Qader 510-412-2077/Antonio Banuelos 510-620-6741).

N.7 Human Resources
N.7.a Introduce an Ordinance Amending the Monthly Salary for the Mayor and Introduce an Ordinance Amending the Monthly Salary for City Councilmembers
388
INTRODUCE an ordinance (first reading) amending the monthly salary for City Council members; and INTRODUCE an ordinance (first reading) amending the monthly salary for the Mayor – Human Resources (Sharrone Taylor 510-620-6803)/City Attorney's Office (Shannon Moore 510-620-6505).
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8 N.8 Information Technology
N.8.a Resolution for On-Demand Photography Services from a pool of certified vendors
408
ADOPT a resolution authorizing the Department of Information Technology to use standing orders/outline agreements for on demand photographers from two pre-approved vendors in an amount not to exceed $50,000 per year per vendor for Fiscal Year 2024-2025 with review and approval from City Attorney’s Office – Information Technology Department (Sue Hartman 510-620-6874).

N.9 Police Department
N.9.a AB 481 “Military Equipment Use” Annual Report 422 ADOPT a resolution accepting the 2023 annual military equipment report, determining that the military equipment in 2023 complied with Richmond Police Department Policy 707 and determining that policy 707 will be accepted with recommended amendments; and RECEIVE staff recommendations for additional resources - Police Department (Bisa French 510-621-1802). This item was continued from the December 17, 2024, meeting.

N.10 Public Works
N.10.a Resolution to Award a Contract to Forster & Kroeger Landscape Maintenance, Inc. for Vegetation Management Services at Point Molate
488
ADOPT a resolution to award a three-year contract with Forster & Kroeger Landscape Maintenance, Inc. beginning on January 1, 2025, and ending on December 31, 2027, in an amount not to exceed $360,000, with two optional one-year extensions for a total amount of $240,000 for both extension years – Public Works Department (Wade Finlinson 510-621-1301/Tawfic Halaby 510-620-5482/Daniel Chavarria 510-620-5478).

O. NEW BUSINESS
O.1 Equitable Allocation of Funding and Mailing Services for All Neighborhoods 546 DIRECT staff to develop a framework for a program that allocates funding and city-supported mailing services to all neighborhoods, regardless of whether they have a recognized Neighborhood Council, Homeowners Association, or neither, to support community-building activities and neighborhood improvements – Councilmember Soheila Bana (510-620- 6473). This item was continued from the November 26, 2024, meeting.
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9 O.2 Street Calming Measures 551
DIRECT staff to immediately evaluate traffic calming measures throughout the City, including along Canal Boulevard, to slow traffic down, and place mitigation measures in at least six locations City-wide to prevent drivers of vehicles from performing “donuts” at these intersections, no later than the end of January 2025 - Councilmember Cesar Zepeda (510-620-6593). This item was continued from the November 26, 2024, meeting.

O.3 Sanctuary City Compliance Exception for software applications by LexisNexis 553 APPROVE a request for LexisNexis to waive the requirement to sign and comply with the Sanctuary City Compliance form, in order for LexisNexis to provide software application services to Richmond Police Department staff – Police Department (Chief Bisa French 510-621-1802). This item was continued from the December 17, 2024, meeting.

O.4 Temporary Moratorium on Parklets in the City of Richmond 557 DIRECT the City Attorney’s Office to draft a temporary moratorium on parklets and amendments no later than October 2025 to Richmond Municipal Code section 14.46.090 to address: 1) inconsistencies or lack of clarity in the building permit versus easement process, 2) issues with the citing of parklets (both number in and area and permitted locations), 3) the length of time parklets are allowed considering the cost of constructing a parklet, 4) the impact parklets may have both positively on the economy due to encouraging a pedestrian and active transportation culture that tends to patronize small businesses, and negatively due to further limiting availability of parking spaces, and 5) improve clarity on non-exclusive use by any one or more businesses or their patrons - Councilmember Doria Robinson (510-620-6568) and Councilmember Cesar Zepeda (510-620-6593).

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January 7, 2025

City Attorney's Office
Finance Department

DATE: January 7, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

Dave Aleshire, City Attorney
Andrea Miller, Finance Director
Antonio Banuelos, Revenue Manager

Subject:

Ordinance Creating New Business Activity Classification, “Class Q – Automobile Dealerships” and the
Corresponding Rates
FINANCIAL IMPACT: The financial impact of creating this new classification and rate structure will result in a decrease of approximately $500,000 in Business Tax Revenue in the General Fund.

No adjustment is proposed to the FY2024 -2025 Business
Tax Budget, as staff believes the decrease in this
particular class will be made up in tax revenue collected from businesses in other classes.

PREVIOUS COUNCIL
ACTION:

July 2, 2024

STATEMENT OF THE
ISSUE:

The proposed Ordinance will create a new Business
Activity, Class Q – Automobile dealerships and the
corresponding rates.

RECOMMENDED ACTION:

ADOPT an ordinance (second reading) amending
Chapter 7.04.103 of the Richmond Municipal Code by
creating a new Business Activity Classification, Class Q – Automobile Dealerships, and the corresponding rates –
City Attorney’s Office (Dave Aleshire 510-620-
5454/Andrea Miller 510-620-6790).

AGENDA
REPORT
11

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January 7, 2025

DISCUSSION:

City Council placed Measure U on the November 3, 2020 ballot and was approved by the voters. Measure U changed the business tax calculation methodology to be based on gross receipts, replacing the prior methodology, which was based on a business's number of employees.

In June 2022, a group of Hilltop auto dealers submitted a letter to the City contending the Measure U business license tax, as applied to automobile dealerships, was discriminatory. In October 2022, the Hilltop auto dealers group filed a complaint against the City, challenging the constitutionality of Measure U.

On July 2, 2024, to resolve the action and avoid the time and expense of additional litigation, the City Council approved a settlement agreement (“Settlement Agreement”) with the Hilltop auto dealers and authorized staff to proceed with an ordinance amending Measure U to create a separate class for automobile dealerships. See Attachment 1.

Prior to this proposed action, Measure U (Richmond Municipal Code 7.04) contained sixteen (16) Business Activity Classifications but did not include Auto Dealerships as a separate business activity classification class. City staff is requesting to amend the Measure U ordinance to comply with the terms of the Settlement Agreement by adding, Class Q - Automobile Dealerships in section

7.04.130 of the Richmond Municipal Code as follows:

7.04.130 Business Activity Classifications Class

Class Industry
A Retail Sales
B Grocers
C Automobile Sales, Manufacturing
D Recreation and Entertainment
E Hotel/Motel
F Construction contractor
G Business and personal services
H Professional/semi-professional service
I Administrative headquarters (payroll based, not gross receipts) J Miscellaneous
K Residential and Commercial Rentals
L Cannabis
M Firearms Ammunition
N Taxi and limousine service
O Transportation, trucking
P Wholesale
12

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January 7, 2025
Q Automobile Dealerships

Additionally, in accordance with the Settlement Agreement the ordinance amendment will provide for this new class to be assigned a new business tax rate as follows:

7.04.205 Tax Rates for Class A through Class J, Class P, and Class Q — Progressive Rates

(k) Class Q. Business engaged in Class Q business activities shall pay a business tax as follows:

If annual gross is: Then the business tax is:

Not over $1,000,000 $1.00 per $1,000 of annual gross
receipts
Over $1,000,000 but not over
$2,500,000
$1,000, plus $1.30 per $1,000 of annual
gross receipts over $1,000,000
Over $2,500,000 but not over
$25,000,000
$2,950, plus $1.60 per $1,000 of annual
gross receipts over $2,500,000
Over $25,000,000 but not over
$50,000,000
$38,950, plus $1.90 per $1,000 of
annual gross receipts over $25,000,000
Over $50,000,000 $86,450, plus $2.20 per $1,000 of
annual gross receipts over $50,000,000

While any amendment to Measure U that would increase the rate of taxation is subject to approval by a vote of the voters, the City Council has the authority to adopt modifications that decrease the rate of taxation, which applies to the proposed amendment.

It is important to note that in the Settlement Agreement, the City agreed that if it fails to enact the new Class Q business license tax, then for each payment of Measure U tax by any of the Hilltop Auto Dealers that were part of the Settlement Agreement, the City will refund the amount paid in excess of what would have been due under the new Class Q business license tax rates set forth above.

City staff will start mailing the 2025 Business Tax Renewal notices during the first week of January 2025.

DOCUMENTS ATTACHED:

Attachment 1 – Settlement Agreement
Attachment 2 – Redline Ordinance
Attachment 3 – Final Ordinance

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01337.0039/982293.7

SETTLEMENT AGREEMENT
This Settlement Agreement ( “Agreement”) shall be deemed effective as of July 2, 2024 (“Effective Date ”), by and between DKD OF HILLTOP, INC., a California corporation, dba HANLEES HILLTOP BUICK GMC; HANLEES HILLTOP, INC., a California corporation, dba HANLEES HILLTOP TOYOTA; LEEHAN, INC., a California corporation, dba HANLEES HILLTOP NISSAN; HANLEES SEVEN, INC., a California c orporation, dba HANLEES HILLTOP HYUNDAI (collectively, “Hanlees Plaintiffs”); MICHAEL C. STEAD INC., a California corporation, dba HILLTOP FORD/KIA; MICHAEL STEAD ’S AUTO DEPOT INC., a California corporation, dba HILLTOP CHRYSLER JEEP DODGE (collectively, “Stead Plaintiffs”) (all collectively, “Plaintiffs”), and the CITY OF RICHMOND , a charter city of the State of California (“City”). Plaintiffs and City may be referred to herein individually as a “Party” or collectively as the “Parties.” There are no other parties to this Agreement.

RECITALS

A. Plaintiffs operate a total of six automobile dealerships at the Hilltop auto mall in Richmond, California.

B. On August 5, 2020, the Richmond City Council held a special meeting and adopted Resolution N o. 90 -20 to place a gross receipts business license tax before City voters in the November 3, 2020 general election, known as “Measure U.” Measure U proposed to repeal and replace Chapter 7.04 of the Richmond Municipal Code to implement a gross receipts or revenue- based tax on businesses operating within the City.

C. Measure U differentiated businesses into different classes for the purpose of establishing gross receipts and other tax rates on each business class. Plaintiffs’ dealerships were classified as “Automobile Sales, Manufacturing” under “Class C.” D. Voters approved Measure U at the City’s general election on November 3, 2020.

E. In June 2022, Plaintiffs acting through their legal counsel submitted a letter to the City Manager contending that Measure U bu siness license tax, as applied to automobile dealerships, was oppressive, burdensome, confiscatory , and discriminatory, in violation of the Fourteenth Amendment (Equal Protection), Fifth Amendment (Takings) and Commerce Clause of the United States Constitution.

F. On October 11, 2022, Plaintiffs filed a complaint (the “Complaint”) against the City in Superior Court of Contra Costa County, California (Case No. C22-02188) challenging the constitutionality of Measure U. The allegations and claims set forth in the Complaint are referred to in this Agreement as the “Action.”
G. City contested these claims arguing that the tax measure was within the broad police power of California municipalities, and taxation authority.

H. Between September 2023 and June 2024, the Parties engaged in ongoing settlement negotiations with the goal of resolving the Action.

Docusign Envelope ID: F3C96F7B-2048-4C1F-845D-69196E1D6EAF 14

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01337.0039/982293.7
I. To avoid the time and expense of further litigation, the Parties now seek to fully and finally resolve Plaintiffs’ Action against the City, through subsequent actions by the Richmond City Council to modify Measure U as it pertains to Plaintiffs, as set forth herein.

NOW THEREFORE, in consideration of the mutual covenants, releases, and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to resolve the Action as follows:

AGREEMENT

1. Adoption of Class Q Business License Tax Rate . Prior to April 1, 2025, or the date that Plaintiffs’ Measure U business license taxes for 2024 become payable in 2025, whichever is earlier, the Richmond City Council shall enact an ordinance deleting “Automobile Sales” from Measure U, Class C (Richmond Municipal Code sections 7.04.130), establishing a new Class Q or other such new business license tax class, and adopting a new gross receipts tax rate to be imposed on Automobile Sales, as defined in Chapter 7.04, as follows:

7.04.XXX - Class Q — Automobile Dealerships.

Persons engaged in class Q business activities shall pay a business tax as follows:

If annual gross receipts are: Then the business tax is:

Not over $1,000,000.00 $1.00 per $1,000.00 of annual gross receipts Over $1,000,000.00 but not over
$2,500,000.00
$1,000.00 plus $1.30 per $1,000.00 of annual
gross receipts over $1,000,000.00
Over $2,500,000.00 but not over
$25,000,000.00
$2,950.00, plus $1.60 per $1,000.00 of annual
gross receipts over $2,500,000.00
Over $25,000,000.00 but not over
$50,000,000.00
$38,950.00, plus $1.90 per $1,000.00 of
annual gross receipts over $25,000,000.00
Over $50,000,000.00 $86,450.00, plus $2.20 per $1,000.00 of annual gross receipts over $50,000,000.00

2. Reconciling Prior Tax Years . City acknowledges that since the enactment of Measure U, Plaintiffs, under protest, have timely paid all taxes due to the City under Measure U except as noted in Subsection D below . The City agrees that each of the Plaintiffs shall receive credit against Measure U taxes for gross receipts generated in 2024, 2025, and, 2026 , which tax shall become due in 2025, 2026, and 2027, as follows:

A. The amount of each Plaintiff’s reimbursement credit shall be calculated by taking the total positive difference between the amount of Measure U business tax each Plaintiff dealership paid under protest in 2023 based upon gross receipts generated in 2022, and subtracting the amount of tax that would have been due in 2023 based upon gross receipts generated in 2022 if the Class Q tax rates had been in effect at the time (the “Total Reimbursement Credit ”). For example, if a Plaintiff paid $ 200,000 pursuant to Measure U – Class C in 2023, but the amount that would have been due 2023 for that Plaintiff under Measure U – Class Q would have been $170,000, then the amount of the Total Reimbursement Credit would be $30,000.

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01337.0039/982293.7
B. The Total Reimbursement Credit shall be divided by 3 to arrive at the “Annual Reimbursement Credit.”
C. For Measure U taxes based upon gross receipts generated in 2024, 2025, and, 2026 to become due in 2025, 2026, and 2027, each Plaintiff shall be entitled to calculate and to deduct its Annual Reimbursement Credit from the amount due to be paid to the City, and City shall accept such reduced amount as payment in full of such Plaintiff’s Measure U tax for that year. Thus, for Plaintiffs’ business tax payments to become due on April 1, 2025, 2026, and 2027, the amount due shall be reduced by the amount of each Plaintiff’s Annual Reimbursement Credit.

D. Notwithstanding the formula expressed above, certain of the Plaintiffs did not timely pay their Measure U tax in 2024 for 2023 and are subject to a penalty under Measure U for late payment of approximately $50,000 (the “Penalty Amount”). That penalty shall be collected against those Plaintiffs by reducing the Annual Reimbursement Credit by the Penalty Amount amortized over the three years the Annual Reimbursement Credit is applicable.

3. Payments in Lieu of Class Q Business License Tax Rate. If for any reason or no reason at all , the City fails to enact the new Class Q business license tax set forth in Section 1 above, then for each payment of Measure U tax by any Plaintiff , the City agrees to refund within 30 days the amount by which the amount paid exceeds the amount that would have been due under the Measure U – Class Q business license tax rates set forth in Section 1 above if the Class Q business license tax rates set forth in Section 1 had been adopted and were in effect for such tax year.

4. Dismissal of Action . Subject to Section 5, below, w ithin thirty (30) days after Plaintiffs receive a certified copy of the City ordinance implementing the revisions to Chapter 7.04 of the Richmond Municipal Code as set forth in Section 1 above, Plaintiffs shall file with the Court a Request for Dismissal of the entire Complaint with prejudice, with each Party to bear their own attorneys’ fees and costs.

5. Enforceability and Continuing Jurisdiction. The Parties to this Agreement agree that, pursuant to California Code of Civil Procedure section 664.6, the Superior Court of the State of California for the County of Contra Costa shall retain continuing and exclusive jurisdiction of the Complaint and any and all subsequent actions arising out of or related to the interpretation or enforcement of this Agreement . Accordingly, within ten (10) days after Plaintiffs receive a certified copy of the City Ordinance implementing revisions to Chapter 7.04 of the Richmond Municipal Code as set forth in Section 1 above, Plaintiffs shall prepare and circulate for the Parties and their respective counsel’s signatures, a Stipulation and [proposed] Order for the court to retain jurisdiction pursuant to Code of Civil Procedure section 664.6, and Plaintiffs shall not file the Request for Dismissal set forth in Section 4 above until the court acts up on such Stipulation and [proposed] Order or thirty (30) days have passed since lodging of same, whichever is last to occur.

Failure of the court to retain jurisdiction shall not affect the validity of this Agreement or enforceability of its other provisions. The Parties agree that this Agreement is binding, enforceable, admissible, and subject to disclosure in order to enforce this Agreement.

6. Plaintiffs’ Releases of Claims . Except for the obligations set forth in this Agreement and any claims relating to a breach of any obligation of City under this Agreement, Docusign Envelope ID: F3C96F7B-2048-4C1F-845D-69196E1D6EAF 16 Plaintiffs, on behalf of themselves and each of their respective officers, directors, shareholders, employees, representatives, partners, joint venturers, agents, attorneys, insurers, assigns, predecessors and successors-in-interest, and anyone acting on their behalf (collectively, the “Plaintiff Parties”) shall and do hereby release, abandon, and waive any and all claims, causes or action, damages, debts, demands, dues, rights of action, suits, sums of money, variances, or obligations of any kind or nature whatsoever, whether or not now known, matured or unmatured, liquidated or unliquidated, absolute or contingent, suspected or unsuspected, that they may have, hold, or own, or might have had, held, or owned against the City and the City’s respective officials, agents, attorneys, employees, insurers, officers, representatives, and successors (collectively, the “City Parties”), up to and including the date this Agreement is executed that arise out of or relate to the Action.

7. City’s Release of Claims. Except for the obligations set forth in this Agreement and any claims relating to a breach of any obligation of Plaintiffs under this Agreement, the City Parties shall and do hereby release, abandon, and waive any and all claims, causes of action, damages, debts, demands, dues, rights of action, suits, sums of money, variances, or obligations of any kind or nature whatsoever, whether or not now known, matured or unmatured, liquidated or unliquidated, absolute or contingent, suspected or unsuspected, that they may have, hold, or own, or might have had, held, or owned against the Plaintiff Parties, up to and including the date this Agreement is executed that arise out of or relate to the Action.

8. Waiver of Section 1542. By initialing below, to the fullest extent permitted by law the Plaintiff Parties and the City Parties (collectively, the “Releasing Parties”), with respect to the releases set forth in Sections 6 and 7 of this Agreement, waive any rights or benefits available to them under California Civil Code section 1542, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

THAT THE CREDITOR OR RELEASING PARTY DOES

NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE

AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THEDEBTOR OR RELEASED PARTY. n
...... ......... A* rV-AryjTntX
Hanlees Plaintiffs Stead Plaintiffs City
In connection with such waiver and relinquishment, the Releasing Parties hereby acknowledge that they are aware that they or their attorneys may discover claims or facts in addition to or different from those which they now know or believe to exist with respect to the subject matter of this Agreement or otherwise, but that it is each of the Releasing Parties’ intention hereby to settle and to release, fully, finally and forever, all of the claims known or unknown, suspected or unsuspected, which they now have or may have against each other that arise out of or relate to the allegations set forth in the Action. In furtherance of such intention, the releases, given by the Releasing Parties shall be and remain in effect notwithstanding the discovery or existence of any such additional different claims or facts.

Page 4 of 8 ends

39561.221117691.1
Docusign Envelope ID: F3C96F7B-2048-4C1F-845D-69196E1D6EAF 17 Plaintiffs, on behalf of themselves and each of their respective officers, directors, shareholders, empkyees, representatives, partners, joint venturers, agents, attorneys, insurers, assigns, predecessors and successors-in-interest, and anyone acting on their behalf (collectively, the “Plair
action
tiff Parties”) shall and do hereby release, abandon, and waive any and all claims, causes of , damages, debts, demands, dues, rights of action, suits, sums of money, variances, or obligations; of any kind or nature whatsoever, whether or not now known, matured or unmatured, liquid ited or unliquidated, absolute or contingent, suspected or unsuspected, that they may have, hold, or own, or might have had, held, or owned against the City and the City’s respective officials, agents
“City
to the
, attorneys, employees, insurers, officers, representatives, and successors (collectively, the Parties”), up to and including the date this Agreement is executed that arise out of or relate Action.

7. j City’s Release of Claims. Except for the obligations set forth in this Agreement and at y claims relating to a breach of any obligation of Plaintiffs under this Agreement, the City Parties, shall and do hereby release, abandon, and waive any and all claims, causes of action, damages, debts, demands, dues, rights of action, suits, .sums of money, variances, or obligations of any kind or nature whatsoever, whether or not now known, matured or unmatured, liquidated or uni -quidated, absolute or contingent, suspected or unsuspected, that they may have, hold, or own, qr might have had, held, or owned against the Plaintiff Parties, up to and including the date this Agreement is executed that arise out of or relate to the Action.

8. ; Waiver of Section 1542. By initialing below, to the fullest extent permitted by te Plaintiff Parties and the City Parties (collectively, the “Releasing Parties”), with respect law, th to the releases set forth in Sections 6 and 7 of this Agreement, waive any rights or benefits available to them under California Civil Code section 1542, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

THAT THE CREDITOR OR RELEASING PARTY DOES
: NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
; FAVOR AT THE TIME OF EXECUTING THE RELEASE

AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR OR SED PARTY.

Hanlees Plaintiffs Stead ntiffs City
lection with such waiver and relinquishnjent, the Releasing Parties hereby acknowledge

i ?y are aware that they or their attorneys/may discover claims or facts in addition to or :pt from those which they now know or believe to exist with respect to the subject matter of jeement or otherwise, but that it is each of the Releasing Parties’ intention hereby to settle release, fully, finally and forever, all of the claims known or unknown, suspected or In con
that th
differe
this Aj
and to
unsuspected, which they now have or may have against each other that arise out of or relate to the allegations ht forth in the Action. In furtherance of such intention, the releases given by the Releasing Parties shall be and remain in effect notwithstanding the discovery of existence of any such additional different claims or facts.

Page 4 of 8 ends

39561.221117691.1
Docusign Envelope ID: F3C96F7B-2048-4C1F-845D-69196E1D6EAF 18

Page 5 of 8 ends

01337.0039/982293.7

9. Negotiated Settlement. The discussions that produced this Agreement have been conducted with the express understanding between the Parties that they are privileged under California Evidence Code Section 1152, and that such discussions occurred without prejudice to the position of either Party and may not be used in any manner in any proceeding or otherwise, except as may be necessary to enfor ce or interpret this Agreement , or as otherwise required by law.

10. Attorneys’ Fees and Costs. Each Party is to bear its own attorneys’ fees and costs incurred with respect to the Complaint, the Action, and events leading up to and following the Complaint, including the preparation and execution of this Agreement; provided, however, that in the event of any legal action to enforce this Agreement, the prevailing Party shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees.

11. Voluntary Agreement; Advice of Legal Counsel. The Parties acknowledge that they enter into this Agreement of their own free will; that they have been supplied with and have had had an opportunity to review this Agreement thoroughly with counsel or a repre sentative of their own choosing. The Parties further warrant that they fully understand the effect of this Agreement, approve and accept the terms and provisions of this Agreement, agree to be bound hereby, and each signs this Agreement of their own free will.

12. Authority to Execute. The undersigned each represent and warrant that they have the right, power, legal capacity, and authority to execute this Agreement on behalf of the Party they represent. Each Party represents and warrants to the other Part y that the individual signing this Agreement has full authority to execute this Agreement on its behalf, that such individual is acting with the scope of such authority, and that this Agreement is binding upon such Party. Each Party also represents and warr ants that no further approval or consent of any person or entity is necessary for them to enter into and to perform its obligations contained in this Agreement.

13. Successors and Assigns . This Agreement is binding upon and will inure to the benefit of any successors and assigns of the Parties.

14. No Third Party Beneficiaries . This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns.

15. Construction. This Agreement and its reduction to final written form is the result of good faith negotiations between the Parties through their respective counsel, and any statute or rule of construction that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.

16. Modification. This Agreement may not be modified, altered, amended, or otherwise changed in any respect except by a writing executed and signed by all Parties to this Agreement.

17. Governing Law. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of California without regard to its principles of conflicts of laws.

Docusign Envelope ID: F3C96F7B-2048-4C1F-845D-69196E1D6EAF 19

Page 6 of 8 ends

01337.0039/982293.7

18. Counterparts. This Agreement may be executed in counterparts or by e-mailed signatures, each of which shall be deemed an original, and all counterparts together constitute one and the same instrument.

19. No Admission of Liability. The Parties each understand and agree that the execution of this Agreement does not constitute any admission or concession of liability by any of the Parties on account of any matter related to the subject of this Agreement, liability for which is expressly denied by each of Parties.

20. Parties Bound and Benefited . This Agreement shall be binding upon and inure to the benefit of Plaintiffs, Defendants, and each of their present and former agents, employees, representatives, partners, heirs, beneficiaries, advisors, trustees, co -trustees, attorneys, insurers, shareholders, officers, directors, corporate parents, subsidiaries, affiliates, assigns, and predecessors and successors-in-interest, and anyone acting on their behalf.

21. Cooperation. The Parties shall reasonably cooperate with one another to achieve the objectives and purposes in connection with this Agreement. In so doing, the Parties shall each refrain from doing anything that would render its performance under this Agreement impossible and each must do everything that this Agreement contemplates that the Party shall do to accomplish the objectives and purposes of this Agreement. In all situations arising out of this Agreement, the Parties must each attempt to avoid and minimize the damage s resulting from the conduct of the other and must take all reasonably necessary measures to achieve the provisions of this Agreement.

22. Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way al ter, modify, or limit the scope of any portion of this Agreement.

23. Integration. This Agreement contains the entire agreement among the Parties with respect to the matters referred to herein and supersedes all prior agreements (written or oral), drafts, negotiations and communications with respect to those matters.

[Signatures on following pages]

Docusign Envelope ID: F3C96F7B-2048-4C1F-845D-69196E1D6EAF 20

Page 7 of 8 ends

01337.0039/982293.7
IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date first written above.

DEFENDANT:

CITY OF RICHMOND, a charter city of the
State of California

Eduardo Martinez, Mayor
ATTEST:

Pamela Christian, City Clerk

Approved as to Form:

David J. Aleshire, City Attorney

Docusign Envelope ID: F3C96F7B-2048-4C1F-845D-69196E1D6EAF 21 PLAINTIFFS: DKD OF HILLTOP, INC., a California
corporation, dba HANLEES HILLTOP BUICK
GMC
HANLEES HILLTOP, INC., a California
corporation, dba HANLEES HILLTOP TOYOTA
LEEHAN. INC., a California corporation, dba

HANLEES HILLTOP NISSAN
HANLEES SEVEN, INC., a California
corporation, dba HANLEES HILL I OP

HYUNDAI
MICHAEL C. STEAD INC., a California
corporation, dba HILLTOP FORD/K1A
MICHAEL STEAD’S AUTO DEPOT INC., a
California corporation, dba HILLTOP

CHRYSLER JEEP DODGE

Page 8 of 8 ends

39561.2 21117691.1
Docusign Envelope ID: F3C96F7B-2048-4C1F-845D-69196E1D6EAF 22 PLAINTIFFS: DKD OF HILLTOP, INC., a California
corporation, dba .HANLEES HILLTOP BUICK
GMC
HAN LEES HILLTOP, INC., a California
corporation, dba HANLEES HILLTOP TOYOTA
LEEHAN, INC., a California corporation, dba

HANLEES HILLTOP NISSAN
HANLEES SEVEN, INC., a California
corporation, dba HANLEES HILLTOP

HYUNDAI
MICHAEL C. STEAD INC., a California
corporatipaT^aHlLUTOP FORD/KIA
Attorney for Plaintiffs

Page 8 of 8 ends

39561.2 21117691.1
Docusign Envelope ID: F3C96F7B-2048-4C1F-845D-69196E1D6EAF 23 ORDINANCE NO. N.S.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING CHAPTER 7.04 TO THE CITY OF RICHMOND MUNICIPAL CODE ENTITLED “BUSINESS LICENSES”

The City Council of the City of Richmond do ordain as follows:

SECTION 1. Section 7.04.130 of the City of Richmond Municipal Code is hereby amended to read as follows:

7.04.130 Business Activity Classifications Class
Class Industry
A Retail Sales
B Grocers
C Automobile Sales, Manufacturing
D Recreation and Entertainment
E Hotel/Motel
F Construction contractor
G Business and personal services
H Professional/semi-professional service
I Administrative headquarters (payroll
based, not gross receipts)
J Miscellaneous
K Residential and Commercial Rentals
L Cannabis
M Firearms Ammunition
N Taxi and limousine service
O Transportation, trucking
P Wholesale
Q Automobile Dealers

SECTION 2. Section 7.04.205 of the City of Richmond Municipal Code is hereby amended to read as follows:

24 7.04.205 Tax Rates for Class A through Class J, Class P, and Class Q — Progressive Rates

K. (k) Class Q. PersonsBusiness engaged in Class Q business activities shall pay a as follows:

If annual gross receipts are is: Then the business tax is:

SECTION 3. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, the remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, paragraph, sentence, clause or phrase.

SECTION 4.

This Ordinance becomes effective thirty (30) days after its final passage and adoption.

*****************************
(This section to be completed by Clerk’s Office)

First introduced at a regular meeting of the City Council of the City of Richmond held on _____________ and finally passed and adopted at a regular meeting held on ___________ by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

________________________________________
25 Clerk of the City of Richmond

(SEAL)

Approved:

_______________________________
Mayor

Approved as to form:

____________________________
City Attorney
26 ORDINANCE NO. N.S.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING CHAPTER 7.04 TO THE CITY OF RICHMOND MUNICIPAL CODE ENTITLED “BUSINESS LICENSES”

The City Council of the City of Richmond do ordain as follows:

SECTION 1. Section 7.04.130 of the City of Richmond Municipal Code is hereby amended to read as follows:

7.04.130 Business Activity Classifications Class
Class Industry
A Retail Sales
B Grocers
C Manufacturing
D Recreation and Entertainment
E Hotel/Motel
F Construction contractor
G Business and personal services
H Professional/semi-professional service
I Administrative headquarters (payroll
based, not gross receipts)
J Miscellaneous
K Residential and Commercial Rentals
L Cannabis
M Firearms Ammunition
N Taxi and limousine service
O Transportation, trucking
P Wholesale
Q Automobile Dealers

SECTION 2. Section 7.04.205 of the City of Richmond Municipal Code is hereby amended to read as follows:

27 7.04.205 Tax Rates for Class A through Class J, Class P, and Class Q — Progressive Rates

K. Class Q. Persons engaged in Class Q business activities shall pay a business tax as follows:

If annual gross receipts are: Then the business tax is:

SECTION 4.

This Ordinance becomes effective thirty (30) days after its final passage and adoption.

*****************************
(This section to be completed by Clerk’s Office)

First introduced at a regular meeting of the City Council of the City of Richmond held on _____________ and finally passed and adopted at a regular meeting held on ___________ by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

________________________________________
28 Clerk of the City of Richmond

(SEAL)

Approved:

_______________________________
Mayor

Approved as to form:

____________________________
City Attorney
29 cc19Nov2024 – prc

Page 1 of 13 ends

RICHMOND, CALIFORNIA,

November 19, 2024, 4:30 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 4:34 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

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

Councimember Cesar Zepeda arrived after the roll was called.

C. CLOSED SESSION
C.1 LIABILITY CLAIMS (Government Code Section 54956.9)
• Claimant: Judy Barron
• Claimant: Eric Mendoza Govan
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Agress v. City of Richmond
• City of Richmond v. Riggers Loft Wine Company
C.3 PUBLIC EMPLOYEE PERFORMANCE EV ALUATION (Government Code Section 54957)
 Title: City Clerk
 Title: City Attorney

C.4 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.5 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
30 cc19Nov2024 – prc

Page 2 of 13 ends

 Property: Nevin Plaza IIAgency Negotiators: Nannette Beacham and Gabino ArredondoNegotiating Parties: EAH HousingUnder Negotiations:

Price and Terms of Payment
 Property: 222 Marina Way (Nystrom Village) Agency Negotiators:

Nannette Beacham, Gabino Arredondo, Susan Bloch Negotiating Parties:

Eden Housing, Inc. & Community Housing Development Corporation; Gorman & Company & Novin Development; National Community RenaissanceUnder negotiation: Price and terms of payment C.6 PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957.6)
Title: Confidential Investigative and Appeals Officer
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
Cordell Hindler gave comments in person.

E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:37 p.m. Mayor Eduardo Martinez reconvened the Open Session at 4:37 p.m. City Attorney Dave Aleshire announced the need to add an emergency item to the Closed Session agenda related to a report received regarding the Point Molate Project. City Attorney Dave Aleshire stated that the item arose subsequent to the posting of the agenda.

On motion of Councilmember Gayle McLaughlin, seconded by Mayor Eduardo Martinez, the emergency item was added to the Closed Session agenda by unanimous vote of the Richmond City Council.

The Open Session adjourned to Closed Session at 4:40 p.m. Closed Session adjourned at 6:38 p.m.

F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:44 p.m. by Mayor Eduardo Martinez.

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

H. ROLL CALL

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

Absent: None.

I. STATEMENT OF CONFLICT OF INTEREST
Councilmember Doria Robinson reported a conflict of interest with Item O.3 (Year One Annual Report on Richmond Rising Transformative Climate Communities Grant).

Councilmember Robinson announced that she would recuse herself from any discussion on the item.

J. AGENDA REVIEW
None.

31 cc19Nov2024 – prc

Page 3 of 13 ends

K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
C.1 LIABILITY CLAIMS (Government Code Section 54956.9) o Claimant: Judy Barron
o Claimant: Eric Mendoza Govan
Discussed. Settlement discussions authorized for both matters.

C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) o Agress v. City of Richmond
o City of Richmond v. Riggers Loft Wine Company
Not discussed.

C.3 PUBLIC EMPLOYEE PERFORMANCE EV ALUATION (Government Code Section 54957)
 Title: City Clerk
 Title: City Attorney
Not discussed.

C.4 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
Discussed. No reportable action taken.

C.5 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
o Property: Nevin Plaza IIAgency Negotiators: Nannette Beacham and Gabino ArredondoNegotiating Parties: EAH HousingUnder Negotiations: Price and Terms of Payment
o Property: 222 Marina Way (Nystrom Village) Agency Negotiators: Nannette Beacham, Gabino Arredondo, Susan Bloch Negotiating Parties: Eden Housing, Inc. & Community Housing Development Corporation; Gorman & Company & Novin Development; National Community RenaissanceUnder negotiation: Price and terms of payment
Discussed. Direction given to negotiators on both matters.

C.6 PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957.6)  Title: Confidential Investigative and Appeals Officer 32 cc19Nov2024 – prc

Page 4 of 13 ends

Discussed. An ad hoc committee comprised of Councilmember Doria Robinson, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez, was appointed by Mayor Martinez to work on the hiring of the Confidential Investigative and Appeals Officer.

In regards to the emergency item added to the Closed Session agenda, a report was given and there was no reportable action taken.

L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl provided a report. Link to view: CITY MANAGER'S REPORT Human Resources Director Sharrone Taylor provided a New Employee Report. Link to view: NEW EMPLOYEE REPORT
Mayor Eduardo Martinez and Vice Mayor Claudia Jimenez spoke regarding the recent Chevron spill and expressed the need for further information on the incident. City Manager Shasa Curl stated that the Richmond Fire Department would gather and provide more information to the City Council.

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)
The following individuals gave comments in person:

Cordell Hindler gave comments regarding conditions at Nevin Plaza, and he also urged the council to consider collaborating with U.C. Berkeley's Chancellor's Office to bring talent into the City of Richmond.

Rick Perez thanked the councilmembers that attended the renaming of Spring Street to Pedie Perez Avenue.

Patricia Perez expressed appreciation for the renaming of Spring Street to Pedie Perez Avenue. Ms. Perez expressed her concerns regarding Police brutality.

Mark Wassberg gave comments regarding the recent Presidential election.

Michelle Milam gave comments regarding Item N.3.a (The CROWN Act - Creating a Respectful and Open World for Natural Hair), and the importance of cultural competency and hair discrimination she had experienced.

Jamin Pursell thanked Councilmembers Willis and McLaughlin for their work while on the Richmond City Council over the years. Mr. Pursell also gave comments regarding item N.3.a The CROWN Act.

Rock Brown expressed the need for more positivity in the world. Mr. Brown congratulated Vice Mayor Jimenez on her recent reelection win.

The following individuals gave comments via teleconference:

Kadija (no last name given) gave comments regarding her experiences with the City and eminent domain.

Lori Hart thanked the City for placing item N.3.a (The CROWN Act). Ms. Hart expressed the need to respect others personal space.

John Varga expressed his support of The CROWN Act and also thanked Councilmembers McLaughlin and Willis for their service on the Council.

33 cc19Nov2024 – prc

Page 5 of 13 ends

N. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
Motion by Gayle McLaughlin
Seconded by Melvin Willis
To approve all items on the consent calendar.

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
N.1 City Attorney's Office
N.1.a Legal Services Agreement with Lagasse Branch Bell + Kinkead LLC APPROVE a legal services agreement with Lagasse Branch Bell + Kinkead LLC for a term of December 1, 2024, through November 30, 2027, for a total amount not to exceed $225,000, to conduct confidential personnel investigations – City Attorney’s Office/Human Resources Department (Dave Aleshire/Shannon Moore/Nickie Mastay/Sharrone Taylor 510-620-6803).

N.1.b Legal Services Agreement with McFadden Investigations Law Corporation
APPROVE a legal services agreement with McFadden Investigations Law Corporation for a term of November 19, 2024, through September 30, 2027, for a total amount not to exceed $150,000 to perform confidential personnel investigations – City Attorney’s Office/Human Resources Department (Dave Aleshire/Shannon Moore/Nickie Mastay/Sharrone Taylor 510-620-6803).

N.1.c Adopt ordinance containing procedures for issuing notice and receiving public comment for water, sewer, and related assessments under Proposition 218.

INTRODUCE an ordinance (first reading) adding Section 13.08.090 to the Richmond Municipal Code to establish clear procedures for the submittal and consideration of public comments regarding proposed water or sewer rates or assessments and for the exhaustion of administrative remedies of such assessments under Proposition 218 – City Attorney’s Office (Christopher Dykzeul/Dave Aleshire 510-620-6509).

N.2 City Clerk's Office
N.2.a City Council Meeting Minutes
APPROVE the minutes of the October 15 and October 22, 2024, regular meetings - City Clerk's Office (Pamela Christian 510-620-6513).

N.2.b Cancellation of the December 24, 2024, City Council Meeting and Announce the Council Holiday Schedule
APPROVE the cancellation of the December 24, 2024, City Council meeting and the City Council holiday schedule as follows: November 26, 34 cc19Nov2024 – prc

Page 6 of 13 ends

December 3, and 17, 2024, regular meetings; December 31, 2024, no meeting; January 7, 2025, regular meeting; and January 14, 2025, Swearing-in Ceremony for the new City Councilmembers - City Clerk’s Office (Pamela Christian 510-620-6513).

N.3 City Council
N.3.a The CROWN (Creating a Respectful and Open World for Natural Hair) Act
DIRECT staff to review and ensure all City policies governing appearance align with the City's anti-harassment policy's definition of Race and DIRECT staff to include as part of the Race Equity Initiative, educating the workforce about the CROWN Act - Councilmember Zepeda (510-620- 6593).

N.3.b Hire Interim Investigator for the Community Police Review Commission APPROVE the following actions: 1) hire an Interim Investigator to undertake the investigative duties previously performed by the former Community Police Review Commission investigator while the City recruits and hires a permanent investigator; 2) reallocate the current budget to that interim investigator; and 3) create an ad hoc committee of the City Council to prepare an interim investigator job description, interview proposed candidates, select the best qualified candidate to fill the temporary interim investigator position and present the candidate to the full City Council for approval – Vice Mayor Claudia Jimenez (510- 620-6565).

N.3.c City of Richmond Two-Year Fee Schedule for Membership in the East Bay Wildfire Coalition
APPROVE City of Richmond fees for membership in the East Bay Wildfire Coalition for a total of $8,250 (including $3,250 for Fiscal Year 2025 and $5,000 for Fiscal Year 2026) – Councilmember Gayle McLaughlin (510-620-6636) and Councilmember Soheila Bana (510-620- 6743).

N.4 City Manager's Office
N.4.a Pre-Approval of Qualified Local Public Private Organizations for Grant Partnership
ADOPT a resolution pre-approving six non-profit, community-based, public, and private local organizations to provide grant administration and management in collaboration with City departments in compliance with the City’s Grants Policy – City Manager’s Office (Patrick Seals 307- 8016).

Resolution No. 122-24
N.4.b Approval of Qualified Consultant List for Group Facilitation, Retreats, and Mediation Services
ADOPT a resolution approving a consultant list of ten firms to provide retreat and team building, working group facilitation, and conflict resolution and mediation service pursuant to contracts in an amount not- to-exceed $50,000 per vendor, per fiscal year for Fiscal Years 2024-2025 through 2027- 2028 – City Manager’s Office (Patrick Seals 307- 8016/Kaitlen Burnom 621-1240).
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Resolution No. 123-24
N.4.c Fiscal Year 2024-25 ECIA Category 3 Awards
APPROVE a recommendation from the City Council ECIA Grant Review Ad Hoc Committee to award $56,000 in Fiscal Year 2024-25 ECIA Grant funds (Category 3 - City Council-Approved Award) to four (4) Richmond- serving non-profit organizations; ADOPT a resolution; and AUTHORIZE the City Manager to negotiate and execute Grant Service Agreements with approved grantees – City Manager’s Office (Patrick Seals 510-307- 5016/Nicholas Delgado/Guadalupe Morales/Abdul Black 510-620-6523).

Resolution No. 124-24
N.5 Economic Development
N.5.a Port Contract with STAX Engineering for CARB-Approved Emissions Control Solution
APPROVE an agreement with STAX Engineering, LLC in the amount of $500,000 to be paid over a two-year period to offset deployment and operations costs of deploying a California Air Resources Board (CARB)- Approved Emissions Control Solution at the Port of Richmond for a term ending December 31, 2026 – Economic Development Department (Charles Gerard 510-829-2253/Lizeht Zepeda 510-620-6653).

N.5.b Authorization to Apply for Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant
ADOPT a resolution authorizing the city manager or their designee to submit grant applications for any and all United States Department of Transportation (DOT) Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grants for which the Port of Richmond is eligible through Fiscal Year 2029-2030; EXECUTE all necessary and related agreements – Economic Development Department (Charles Gerard 510-620-6792/Nannette Beacham 510 621-1306/Lizeht Zepeda/510-620- 6653).

Resolution No. 125-24
N.5.c Lease Extension with Dicon Fiberoptics, Inc., for Police Department Facility at 1689 Regatta Boulevard
APPROVE the second lease amendment to provide a five (5) year lease extension with DiCon Fiberoptics, Inc. for the RPD Facility commencing January 1, 2025, and ending on December 31, 2029, with an annual base rent of $1,690,440 (monthly cost fixed rate of $140,870) and operating expenses and utilities of $508,283 (estimated monthly cost $42,356.91, which may increase annually), with five (5) one-year renewal options - Police Department/Economic Development - Real Estate (Chief Bisa French/Nannette J. Beacham 510-621-1306).

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N.6 Finance Department
N.6.a Approving an Additional Three Percent Annual Cost of Living Increase for Recipients of the General Pension Fund Participants for 2025 ADOPT a resolution approving a three percent annual cost of living increase, in addition to the two percent minimum cost of living increase, for the recipients of the General Pension Fund, for a total annual cost of living increase of five percent for these recipients – Finance Department (Andrea Miller 510-620-6790).

Resolution No. 126-24
N.6.b Badawi & Associates Contract Amendment #3
APPROVE the third amendment to the sole-source contract with Badawi and Associates for auditing services to the City and its related entities for three more fiscal years and adding an additional scope of work for capital grant audits for the Richmond Housing Authority ($20,000) covering eight fiscal years, for an amount not to exceed $1,005,783 – Finance Department (Andrea Miller 510-620-6790/Mubeen Qader 510-412-2077).

N.6.c Investment and Cash Balance Report, Monthly Overtime Reports, and Documentary Transfer Tax Report for the Month of September 2024 RECEIVE the City’s Investment and Cash Balance Report, Monthly Overtime Reports, and Documentary Transfer Tax Report for the month of September 2024 – Finance Department (Andrea Miller 510-620-6740).

N.6.d Compliance with Developer Fees Reporting Requirements of Sections 66006 and 66001 of the Government Code
RECEIVE the annual year-end developer fee report as required pursuant to Section 66006 of the Government Code – Finance Department (Andrea Miller 510-620-6790).

N.6.e Liens and Special Assessments for Unpaid Garbage Collection Service Fees
ADOPT a resolution authorizing placement of liens and special assessments for unpaid garbage collection service fees on Contra Costa County’s property tax records – Finance Department (Andrea Miller/Mubeen Qader 510-620-6740/Antonio Banuelos 510-620-6741).

Resolution No. 127-24
N.6.f American Rescue Plan Act (ARPA) Interagency Agreements APPROVE Interagency Agreements with departments to obligate ARPA funding in an amount not to exceed $16,782,074 - Finance Department (Andrea Miller 510-620-6790/Mubeen Qader 510-412-2077).

N.6.g Fiscal Year 2024-25 Quarter 1 Budget Report
RECEIVE the Fiscal Year 2024-25 Quarter 1 budget report for the period of July 1, 2024, through September 30, 2024; and ADOPT a resolution approving proposed budget adjustments – Finance Department (Andrea 37 cc19Nov2024 – prc

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Miller 510-620-6790 / Mubeen Qader 510-412-2077 / Jerry Gurule 510- 620-6591).

Resolution No. 128-24
N.6.h Propose Amendment to the Payment Schedule of the Loan Agreement Between the City of Richmond and the Port of Richmond.

AUTHORIZE the city manager to execute the First Amendment to the Amended and Restated Memorandum of Loan Agreement and Promissory Note (“Loan”) between the City of Richmond and the Port of Richmond to revise in entirety the Payment Schedule memorializing prepayments on the Loan in the amount of four million five hundred thousand dollars ($4,500,000) over a six-month period between January 2025 and June 2025 – Finance Department (Andrea Miller 510-620-6790/Rita Martinez 510-621-1546).

N.7 Human Resources
N.7.a Amend the Salary Schedule
ADOPT a resolution amending the salary schedule to retitle Electrical Supervisor to Chief Electrician – Human Resources Department (Sharrone Taylor/Nickie Mastay 510-620-6602).

Resolution No. 129-24
N.7.b Amend position control list
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).

Resolution No. 130-24
N.8 Information Technology
N.8.a Resolution Confirming Standing Orders and Outline Agreements for Technology Related on Demand Hardware, Software, and Services from Various Vendors.

ADOPT a resolution authorizing the Department of Information Technology to use standing orders/outline agreements for technology related goods and services from nine pre-approved vendors in support of essential City of Richmond hardware, software, and services, in an amount not to exceed $500,000 per year per vendor for Fiscal Years 2024-2025 through 2028-2029 with review and approval of such agreements from City Attorney’s Office - Information Technology Department (Sue Hartman 510-620-6874).

Resolution No. 131-24
N.9 Library and Community Services
N.9.a Contract with Imperial County Office of Education to Continue Richmond Public Library’s Connection to CENIC Network High Speed Broadband APPROVE a sole-source contract with the Imperial County Office of Education for a not to exceed amount of $30,000, with a term beginning September 10, 2024, and ending September 10, 2027, to allow the Richmond Public Library’s connection to the Corporation for Education Network Initiatives in California (CENIC) high speed network – 38 cc19Nov2024 – prc

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Community Services Department (Christopher Larsen 510-620-5524/Kate Eppler 510-620-5452).

N.10 Mayor's Office
N.10.a Veterans Day Proclamation 2024
PROCLAMATION honoring the Veterans Resource Program and all veterans on November 11, 2024, Veterans Day – Mayor's Office (Mayor Eduardo Martinez 510-620-6503).

N.10.b Green Empowerment Zone Resolution
ADOPT a resolution regarding the City of Richmond’s intent to participate in the Green Empowerment Zone and APPOINT Councilmember Robinson as the City’s representative for a two-year term – Mayor's Office (Mayor Martinez 510-620-6503).

Resolution No. 132-24
N.10.c Appointment of Isabel C. Ramos Zaragoza to the Richmond Human Rights and Human Relations Commission
APPOINT Isabel C. Ramos Zaragoza to the Richmond Human Rights and Human Relations Commission with a term that expires March 30, 2025 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.10.d Correction to Term Expiration Date for John Dupin's appointment AMEND the expiration date for John Dupin’s current term on the Contra Costa Mosquito and Vector Control Board from January 6, 2029, to the correct date of October 18, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.10.e Appointment of Andrew Brosnan to the Urban Forest Advisory Committee.

APPOINT Andrew Brosnan to the Urban Forest Advisory Committee with a term that expires on November 17, 2025 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.10.f Appointment of Sarah Shwaika to the Community Police Review Commission
APPOINT Sarah Shwaika to the Community Police Review Commission for a term that expires November 1, 2027 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.10.g Reappointment of Rachel Lorber to the Community Police Review Commission
REAPPOINT Rachel Lorber to the Community Police Review
Commission with a term that expires November 1, 2027 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.11 Police Department
N.11.a Approve a Three-year Contract with Sharjo, LLC dba ServiceMaster Restoration Services
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APPROVE a three -year contract with Sharjo, LLC dba ServiceMaster Restoration Services for routine cleaning and on -call biohazard cleanup services in an amount not to exceed $45,000, effective November 20, 2024, through November 19, 2027, with two one -year extension options and not to exceed amount of $30,000 for the tot al extended term - Police Department (Chief Bisa French 510-621-1802).

N.12 Public Works
N.12.a Pia Angela Göktürk Bench Donation
APPROVE the donation of a memorial bench dedicated to Pia Angela Göktürk to be installed on the Bay Trail near Barbara and Jay Vincent Park – Public Works Department/Community Services Department (Daniel Chavarria 510-620-5478/Wade Finlinson 510-621-1301/Stephanie Ny 510-620-6563/Ranjana Maharaj 510-620-6792).

N.12.b Appropriation of $4,100,000 for the Revitalizing the Historic Main Library Project (Main Library Project).

ADOPT a resolution to appropriate $4,100,000 from the General Fund to the General Capital Fund to the Revitalizing the Historic Main Library Project – Public Works Department (Daniel Chavarria 510-620- 5478/Wendy Wellbrock 510-307-8108).

Resolution No. 133-24
N.12.c Resolution to Approve a Contract with Fonroche Lighting America to provide Solar Lighting.

ADOPT a resolution to award a three-year contract for $3,000,000 with Fonroche Lightning America beginning November 25, 2024, and ending on November 24, 2027, with two optional one-year extensions for a total amount of $2,000,000 for both option years, for the installation of solar lighting - Public Works Department (Clarence Johnson 510-231- 3033/Daniel Chavarria 510-620-5478/Tawfic Halaby 510-620-5482).

Resolution No. 134-24
N.12.d Authorize the city manager to sign a Letter of Intent for Sludge Ponds Lease Extension
AUTHORIZE the city manager to sign a Letter of Intent (LOI) with West County Wastewater (WCW) to continue leasing the sludge ponds in 2025, ensuring continued biosolids processing at the City's wastewater treatment plant following the dissolution of the West County Agency – Public Works Department (Robert Armijo 620-5477/Daniel Chavarria 620-4778).

Resolution No. 134-24a
N.12.e Resolution to Authorize Task Authorizations with Veolia Water North America for Stormwater Maintenance and Repairs
ADOPT a resolution to authorize Task Authorizations with Veolia Water North America in an amount not to exceed $750,000 for the maintenance of the Large Trash Capture Devices and repairs to the stormwater collection system at multiple locations - Public Works (Daniel Chavarria 510-620-5478/Mary Phelps (510) 621-1269).

Resolution No. 135-24
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O. NEW BUSINESS
O.1 State of the Contra Costa Community College District RECEIVE a presentation from Chancellor Mojdeh Mehdizadeh, Contra Costa Community College District, and President Kimberly Rogers, Contra Costa College regarding the state of the Contra Costa Community College District - Mayor's Office (Mayor Eduardo Martinez 510-620-6503).

Chancellor Mojdeh Mehdizadeh and President Kimberly R. Rogers of Contra Costa Community College District presented a PowerPoint.

LINK TO PRESENTATION
Cordell Hindler gave comments in person.

O.2 West Contra Costa Transportation Commission Presentation RECEIVE a presentation from the West Contra Costa Transportation Commission regarding the Draft Richmond Parkway Transportation Plan - Public Works Department (Robert Armijo 510-620-5477).

Deputy Director of Public Works Robert Armijo introduced the item.

Transportation Planning Manager of West Contra Costa Transportation Commission Leah Greenblat gave background information on the item and presented a PowerPoint.

LINK TO VIEW PRESENTATION
Discussion ensued.

O.3 Year One Annual Report on Richmond Rising Transformative Climate Communities Grant
RECEIVE a presentation of the Year One Annual Report for Richmond Rising Transformative Climate Communities Implementation Grant – Community Development Department (Lina Velasco/Beatriz Guerrero Auna 510-620-5450).

TCC Grant Associate Administrator Matias Eusterbrock and Project Coordinator Beatriz Guerrero presented a PowerPoint.

LINK TO VIEW PRESENTATION
Discussion ensued.

Cordell Hindler gave comments in person.

P. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per
Councilmember)(public comments allowed under Open Forum) Councilmember Soheila Bana thanked Councilmember Melvin Willis for his support of the taskforce to end gender based violence. She also reported her participation on the East Bay and Wildfire Coalition as an alternate to Councilmember Gayle McLaughlin.

Councilmember Bana lastly reported that she attended the Fire Safe Council Alliance of Contra Costa and Alameda County.

Councilmember Melvin Willis reported that he attended the 14th Annual Richmond Pow Wow and a regional gathering of folks that wanted to be a part of the Rapid Response Network.

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Q. ADJOURNMENT
There being no further business, the meeting adjourned at 10:37 p.m. in memory of Robbie Deloris Hurtada to meet again on November 26, 2024, at 6:30 p.m.

Clerk of the City of Richmond Mayor

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RICHMOND, CALIFORNIA, November 26, 2024

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 4:33 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: Councilmember Melvin Willis. Councilmember Soheila Bana 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) • City of Richmond v. Riggers Loft Wine Company
C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
• Two cases
C.3 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
• Agency Representatives: Sharrone Taylor, Jack Hughes, Lisa Charbonneau 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.4 LIABILITY CLAIMS (Government Code Section 54956.9)
Government Code Section 54956.9
 Claimant: Terminal One Development, LLC.

D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
Cordell Hindler gave comments in person.

E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:36 p.m. Closed Session adjourned at 6:36 p.m.
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F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:43 p.m. by Mayor Eduardo Martinez.

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

H. ROLL CALL

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

Councimember Melvin Willis was absent from the entire meeting.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
Item O.2.a (To advocate for State legislation that enforces a minimum marriage age of 18 years old with no exceptions) was withdrawn from the agenda.

Item O.2.c (Agreement with Tiny Village Spirit) was withdrawn from the agenda and to return to the city council at a future city council meeting.

Item Q.2 (Resolution Honoring the Task Force and Directing Actions to Address Gender-Based Violence and a Presentation from the Richmond Task Force to Eliminate Gender-Based Violence) was moved up to be heard before Item P.1 (Update on Capital Improvement Projects).

Item Q.4 (Street Calming Measures) was continued to the December 17, 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) • City of Richmond v. Riggers Loft Wine Company
Status report given. No reportable action taken.

C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
• Two cases
Discussed. No reportable action taken.

C.3 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
 Agency Representatives: Sharrone Taylor, Jack Hughes, Lisa Charbonneau 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
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5. IAFF Local 188

6. Richmond Fire Management Association RFMA
Item under negotiation. Direction given for further negotiations.

C.4 LIABILITY CLAIMS (Government Code Section 54956.9) • Claimant: Terminal One Development, LLC.

Direction given to negotiators on potential settlement. No reportable action taken.

L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
None.

M. COMMENDATIONS, PRESENTATIONS, AND PROCLAMATIONS
M.1 Proclamation Honoring Commission on Aging on the 25th Anniversary of their Senior Winter Ball
PROCLAMATION Honoring the Commission on Aging on the occasion of the 25th Anniversary of its Senior Winter Ball to be held on December 14, 2024 – Councilmember Gayle McLaughlin (510-620-6636) and Mayor Eduardo Martinez (510-620-6503).

Councilmember Gayle McLaughlin introduced the item and read the proclamation into the record. The recipients of the proclamation gave comments of appreciation for the acknowledgement. Mayor Eduardo Martinez shared comments of appreciation towards the Commission on Aging. Cordell Hindler and Mark Wassberg gave comments in person.

M.2 Proclamation recognizing December 1st as World AIDS Day PROCLAMATION recognizing World AIDS Day, to honor the 700,000 Americans and 40 million lives lost worldwide to AIDS-related illnesses over the years - Councilmember Cesar Zepeda (510-620-6593).

Councilmember Cesar Zepeda introduced the item and read the proclamation into the record. Cordell Hindler and Mark Wassberg gave comments in person. Jamin Pursell and Michelle Milam gave comments via teleconference.

N. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
The following individuals gave comments in person:

Cordell Hindler gave comments regarding a recent presentation to the city council by Contra Costa College staff. Mr. Hindler also urged the city to work with U.C. Berkeley's Chancellor's Office and the West Contra Costa Unified School District.

Patricia Perez gave comments regarding the loss of Pedie Perez and how his family has been affected.

Beverly Moore gave comments regarding her experiences with the City and property taken through eminent domain.

Kadija Phillips gave comments regarding her family's experience with property taken through eminent domain.

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Antonio Deleon gave comments regarding Item O.2.a (To advocate for State legislation that enforces a minimum marriage age of 18 years old with no exceptions).

Mia Ramirez Victorino gave comments regard traffic calming measures and expressed concerns regarding street safety.

Janet Johnson gave comments in appreciation of the city's Parks Division. Ms. Johnson also urged the council to increase staffing in the Office of Emergency Services.

The following individuals gave comments via teleconference:

Gurvis Phillips, Rodney Alamo Brown, Michelle Milam, and Ashante Phillips gave comments regarding eminent domain and spoke in support of the Moore family.

O. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
Motion by Councilmember Gayle McLaughlin
Seconded by Councilmember Doria Robinson
To approve all items on the consent calendar excluding items O.2.a (To advocate for State legislation that enforces a minimum marriage age of 18 years old with no exceptions) and O.2.c (Agreement with Tiny Village Spirit).

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
O.1 City Attorney's Office
O.1.a New Legal Services Agreement with Goldfarb & Lipman LLP for pending land use litigation and related matters regarding Campus Bay APPROVE a legal services agreement with Goldfarb & Lipman for an amount not to exceed $25,000 for a term from August 16, 2024, to June 30, 2026, for representation and counsel in pending land use litigation and related matters regarding Campus Bay – City Attorney’s Office (Kimberly Chin 510-620-6709/Shannon Moore 510-620-6505).

O.1.b Adopt ordinance containing procedures for issuing notice and receiving public comment for water, sewer, and related assessments under Proposition 218.

ADOPT an ordinance (second reading) adding Section 13.08.090 to the Richmond Municipal Code to establish clear procedures for the submittal and consideration of public comments regarding proposed water or sewer rates or assessments and for the exhaustion of administrative remedies of such assessments under Proposition 218 – City Attorney’s Office (Christopher Dykzeul/Dave Aleshire 510-620-6509).

Adopted Ordinance No. 11-24

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O.2 City Council
O.2.a To advocate for State legislation that enforces a minimum marriage age of 18 years old with no exceptions
ADOPT a resolution affirming the City of Richmond's commitment to ending child marriage by advocating for the California State Legislature to enact legislation that enforces a minimum marriage age of 18 with no exceptions - Councilmember Soheila Bana (510-620-6743).

Withdrawn from the agenda.

O.2.b City Council approval of Library Commission Bylaws APPROVE the new bylaws of the Richmond Library Advisory Commission, already approved by the Commission on May 16, 2024 - Councilmember Gayle McLaughlin (510-620-6636).

O.2.c Agreement with Tiny Village Spirit
DIRECT City staff to work on an agreement with Tiny Village Spirit (TVS) to allocate $300,000 as a City contribution toward the Tiny House Village Farm and Garden Project to include $166,332 for operational start- up funds as well as $133,668 to be used in finalizing the construction of the Village, slated to open on July 1, 2025; DIRECT staff also to bring the agreement back to City Council for approval by February 4, 2025 – Vice Mayor Claudia Jimenez (510-620-6565), Councilmembers Gayle McLaughlin (510-620-6636) and Doria Robinson (510-620-6568).

Withdrawn from the agenda.

O.3 Community Development
O.3.a Appropriation of Grant Funds Related to EPA Brownfield Revolving Loan Funds
APPROPRIATE the remaining grant funds totaling $260,442.69 related to the EPA Brownfield Revolving Loan Fund to the Housing Budget to issue final payment of the funds allocated to Community Housing Development Corporation of North Richmond and administrative program costs – Community Development Department (Lina Velasco/Charice Duckworth 510-412-2052).

O.4 Fire Department
O.4.a Richmond Fire Department Contract with Lexipol for Fire Industry Best Practices
APPROVE a sole-source contract with Lexipol in an amount not to exceed $40,000, for a three-year term effective November 27, 2024, through November 26, 2027, with a two, one-year extension option not to exceed an additional $20,000 for the extended term – Fire Department (Chief Aaron Osorio 510-307-8021/Den Mark Marcelo 510-307-8038).

O.5 Human Resources
O.5.a Contract Amendment with Century Group to Increase Payment Limit APPROVE a contract amendment with the Century Group for recruitment and temporary staffing services to increase the payment limit by $50,000, for a new amount not to exceed $150,000 – Human Resources (Nickie Mastay/Sharrone Taylor 510-620-6602).
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O.6 Library and Community Services
O.6.a Contract with Richmond Community Foundation for Fiscal Sponsorship of Neighborhood Council Events and Projects
APPROVE a grant-funded contract with Richmond Community Foundation for neighborhood engagement in an amount not to exceed $250,000, and for a term commencing December 1, 2024, and ending December 31, 2025 – Community Services Department (Stephanie Ny 510-620-6563/LaShonda White 510-620-6828).

O.7 Police Department
O.7.a Crime Report from Police Chief
RECEIVE a written crime report from the Police Chief - Police Department (Chief Bisa French 510-621-1802).

O.8 Public Works
O.8.a October 2024 Abatement Presentation
RECEIVE a presentation on the October 2024 Abatement activities – Public Works Department (Hugo Mendoza 231-3030 / Tawfic Halaby 620- 5482 / Daniel Chavarria 620-5478).

O.8.b Stoel Rives, LLP Legal Services Contract for Baykeeper Settlement Agreement
APPROVE a legal services agreement with the law firm of Stoel Rives, LLP in an amount of $255,000 for three-years with two, one-year options to extend for the period of October 1, 2024, through October 31, 2027, to provide legal advice regarding the City’s court mandated compliance with the Baykeeper Settlement Agreement – Public Works Department (Daniel Chavarria 510-620-5478/Mary Phelps 510-621-1269).

O.8.c Resolution to Award a Contract with Pinnacle Petroleum, Inc., for Bulk Fuel Delivery Services
ADOPT a resolution to award a three-year contract to Pinnacle Petroleum, Inc., the lowest responsive and responsible bidder, for bulk fuel delivery services, effective January 1, 2025, for a total amount not to exceed $4,500,000 over the three-years with two optional one-year extensions for a total amount of $1,500,000 per year – Public Works Department (Tawfic Halaby 510-620-5482/Daniel Chavarria 510-620-5478).

Adopted Resolution No. 136-24
O.8.d Resolution to Award Contracts for As-Needed Engineering, Design, Project Support Services to Five (5) Engineering Firms for Various City of Richmond Water Resource Recovery Division Projects
ADOPT a resolution authorizing service contracts with five engineering firms for as-needed engineering design, and project support services in an amount not to exceed $1,800,000 per firm, over a three-year period, from December 1, 2024, through November 30, 2027, with two optional one- year extension years, for a total amount not to exceed $1,200,000 per firm for the extension period – Public Works Department (Daniel Chavarria 620-5478 / Jeffrey Barich 412-2009).

Adopted Resolution No. 137-24
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P. BUDGET SESSION
P.1 Update on Capital Improvement Projects
RECEIVE an Update on Capital Improvement Projects – Public Works Department (Robert Armijo 510-620-5477/Daniel Chavarria 510-620-5478).

Director of Public Works Daniel Chavarria introduced the item. Mr. Chavarria, Deputy Public Works Director/City Engineer Robert Armijo, and Capital Projects Manager Josef Munoz presented a PowerPoint. Link to view presentation.

Bruce Beyaert gave comments via teleconference. Discussion ensued. Council suggested the request forms for capital improvement projects be made to be accessible and easy to use for the public.

Q. STUDY AND ACTION SESSION
Q.1 Clinton Circle Park Revitalization Presentation
RECEIVE a presentation by Cosmo Martinez and Nancy Lewis of the Friends of the Circle on the proposed design and cost of improvements to the Clinton Hill Circle Park - Vice Mayor Claudia Jimenez (510-620-6565).

Vice Mayor Jimenez introduced the item.
(At 10:55 p.m. - a motion by Councilmember McLaughlin, seconded by Vice Mayor Jimenez, to extend the meeting to finish item Q.1 p.m. passed by the following vote: Ayes: Councilmembers Bana, McLaughlin, Robinson, Zepeda, Vice Mayor Jimenez, and Mayor Martinez. Noes: None. Absent:

Councilmember Melvin Willis. Abstain: None).

Friends of the Circle organizers Cosmo Martinez and Nancy Lewis presented a presented a PowerPoint. Link to view presentation.

Discussion ensued. Council suggested that the organizers of the proposed Clinton Hill Circle Park project submit a request form to the Public Works department for consideration to be added to the capital improvement project list.

Q.2 Resolution Honoring the Task Force and Directing Actions to Address Gender-Based Violence and a Presentation from the Richmond Task Force to Eliminate Gender-Based Violence
RECEIVE a presentation from the Richmond Task Force to Eliminate Gender- Based Violence summarizing its impact with recommendations for addressing gender-based violence in Richmond; ADOPT a resolution recognizing November 25, 2024, as the International Day for the Elimination of Violence Against Women and the beginning of the 16 Days of Activism Against Gender-Based Violence; APPROPRIATE $6,000 from the General Fund balance for staffing and support; REQUEST the city manager designate a staff person to serve as the official liaison to the Richmond Task Force to Eliminate Gender-Based Violence, to attend all task force meetings and provide technical assistance, advice and support to the body, and to provide a follow-up report in approximately six-months’ time to seek the City Council’s support for specific recommendations, workplans, and actions to end gender-based violence in Richmond - Councilmember Soheila Bana (510-620-6743).

The Latina Center Director of Policy and Communications Katherine Rife introduced the item. Ms. Rife, West Contra Costa Family Justice Center Director LaShara Johnson, Collective Healing and Transformation Project Codirector 49 cc26Nov2024 – jc

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Nyabingha McDowell, Rubicon Programs Site Manager John Cunningham, Richmond Task Force to Eliminate Gender-Based Violence member Theresa Russell Greenwood, Yenny Garcia, Crime Prevention Manager Michelle Milam, and Irma Gayosso Peralta presented a PowerPoint. Link to view presentation.

Cordell Hindler and Mark Wassberg gave comments in person.

Councilmember Bana made a motion to adopt the proposed resolution, Councilmember Robinson seconded the motion with a friendly amendment to remove items number 3 and 4 from the resolution which state the following:
"3. Directs the City Manager to work with the Richmond Task Force to Eliminate Gender-Based Violence to review and consider the recommendations put forward by the task force and develop implementable action items, including but not limited to:
 Allocating resources to support survivors of Gender-Based Violence and collective efforts to end GBV that center survivors and community.  Collaborating with relevant county agencies and non-profit and other community organizations to implement policies and practices to prevent and respond to Gender-Based Violence.
 Supporting community-led initiatives aimed at eliminating Gender-Based Violence in Richmond.

4. Commits to holding itself accountable for progress by requesting a follow-up report from the City Manager by February 3, 2025, outlining specific actions taken and/or to be proposed for consideration for approval by the City Council." Councilmember Bana accepted the friendly amendment made by Councilmember Robinson. Discussion ensued.

Motion by Councilmember Soheila Bana
Seconded by Councilmember Doria Robinson
To adopt the proposed resolution without items 3 and 4.

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
Adopted Resolution No. 138-24
Q.3 Equitable Allocation of Funding and Mailing Services for All Neighborhoods DIRECT staff to develop a framework for a program that allocates funding and city-supported mailing services to all neighborhoods, regardless of whether they have a recognized Neighborhood Council, Homeowners Association, or neither, to support community-building activities and neighborhood improvements – Councilmember Soheila Bana (510-620- 6473).

Continued to the December 17, 2024, meeting.

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Q.4 Street Calming Measures
DIRECT staff to immediately evaluate traffic calming measures throughout the City, including along Canal Boulevard, to slow traffic down, and place mitigation measures in at least six locations City-wide to prevent drivers of vehicles from performing “donuts” at these intersections, no later than the end of January 2025 - Councilmember Cesar Zepeda (510-620-6593).

Continued to the December 17, 2024, meeting.

R. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per
Councilmember)(public comments allowed under Open Forum) The item was not heard.

S. ADJOURNMENT
There being no further business, the meeting adjourned at 11:14 p.m., to meet again on December 3, 2024.

Clerk of the City of Richmond Mayor

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RICHMOND, CALIFORNIA,

December 3, 2024, 4:30 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Open Session was called to order at 4:32 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

Present: Councilmembers Doria Robinson, Melvin Willis, Cesar Zepeda, and Mayor Eduardo Martinez. Absent: Vice Mayor Claudia Jimenez arrived after the roll was called.

Councilmembers Soheila Bana and Gayle McLaughlin arrived after adjourning 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)  Bryant v. Gage
C.2 PUBLIC EMPLOYEE PERFORMANCE EV ALUATION (Government Code Section 54957)
 Title: City Attorney
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
 One Case
C.4 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
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
Cordell Hindler gave comments in support of the performance evaluation for Dave Aleshire and in support of the labor negotiations.
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E. ADJOURN TO CLOSED SESSION
Open Session adjourned at 4:34 p.m. Closed Session adjourned at 6:37 p.m.

F. REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
The Regular Meeting of the Richmond Housing Authority was called to order at 6:41 p.m.

G. PLEDGE OF ALLEGIANCE
Vice Chairperson Claudia Jimenez led the Pledge Allegiance to the Flag.

H. ROLL CALL

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

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. REPORT FROM THE EXECUTIVE DIRECTOR
Economic Development Director Nannette Beacham introduced new Richmond Housing Authority Director Antoinette Terrell who presented an update about a visit from representatives from HUD Regional Office 9 regarding the Richmond Village Technical Assistance site regarding vacancy reporting challenges.

K. AGENDA REVIEW
None.

L. HOUSING AUTHORITY OPEN FORUM
Cordell Hindler encouraged the commissioners to approve the consent calendar.

M. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Commissioner Cesar Zepeda
Seconded by Commissioner Gayle McLaughlin
Ayes (6) Commissioners Bana, McLaughlin, Robinson, Willis, Zepeda, and Vice Chairperson Jimenez
Absent (2) Chairperson Martinez and Tenant Commissioner Scott M.1 On-Call for As-Needed Temporary Staffing Services Contracts with Express Services, Inc.; Renoir Staffing LLC; and Beatty’s Services, Inc. for Unit Turnovers and Work Orders
ADOPT a resolution authorizing on-call temporary staffing maintenance services contracts with Express Services, Inc.; Renoir Staffing LLC; and Beatty’s Services, Inc. for as-needed services, in an amount not to exceed $900,000, per firm from December 1, 2024, to June 30, 2027, with two additional one-year extension options to support unit turnover activities and work orders at Nystrom Village – Richmond Housing Authority (Antoinette Terrell/Gregory Palomino 510-621- 1361).

Adopted Resolution No. 2202.
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M.2 Exempt Surplus Land Designation for the Nevin Plaza II Senior Affordable Housing Project
ADOPT a resolution determining and declaring land owned by the Richmond Housing Authority to be Exempt Surplus Land pursuant to Government Code Section 54221(f)(1)(F). The land (APN 515-261-014-2) will be ground leased for development of the Nevin Plaza Phase II affordable senior housing project – Richmond Housing Authority (Antoinette Terrell 510-620-6784/Nannette Beacham 621-1306).

Adopted Resolution No. 2203.

N. ADJOURNMENT
The meeting adjourned at 6:46 p.m.

O. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:46 p.m. by Vice Mayor Claudia Jimenez.

P. ROLL CALL

Present: Councilmembers Soheila Bana, Gayle McLaughlin, Doria Robinson, Melvin Willis, Cesar Zepeda, and Vice Mayor Claudia Jimenez. Absent: Mayor Eduardo Martinez was absent from the entire meeting.

Q. STATEMENT OF CONFLICT OF INTEREST
None.

R. AGENDA REVIEW
Items V .3.a - Update Guiding Fiscal Policy and V .3.b - Update on Financial Policies and Administrative Policy Manual were continued to the February 4, 2024, City Council meeting.

A motion by Councilmember McLaughlin, seconded by Vice Mayor Jimenez, added an emergency item to the Consent Calendar as Item V .1.c for the waiver of fees in the amount of $3,675 for services honoring the life and legacy of former Councilmember Jim McMillan to be held at the Richmond Auditorium, passed by the following vote: Ayes:

Councilmembers Bana, McLaughlin, Robinson, Zepeda, Willis, Vice Mayor Jimenez.

Noes: None. Absent: Mayor Martinez.

S. 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) · Bryant v. Gage
A report was given and the City Council authorized a settlement agreement by unanimous vote.

C.2 PUBLIC EMPLOYEE PERFORMANCE EV ALUATION (Government Code Section 54957)
· Title: City Attorney
Item discussed and continued to a future meeting. The Ad Hoc committee was instructed to proceed with further analysis.
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C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
· One Case
Not discussed.

C.4 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
Item discussed and instructions were given to the labor negotiators.

T. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl presented the report. Link to view: City Manager Report T.1 NEW EMPLOYEE REPORT - 1st Tuesday
Deputy City Manager Nickie Mastay presented the November 2024 New Employee report and Promotions as follows: Christian Curry, Workforce Specialist II-Employment and Training; Andra Dowgala, Recreation Program Coordinator-Community Services; Carla Garcia, Administrative Trainee- Employment and Training; Wanda Gonzalez, Administrative Trainee-Employment and Training; Isabel Reyes, Administrative Trainee-Employment and Training; Amy Aaronson, Project Manager II-Human Resources/Fire Department; Maila Hughes, Office Aide-Finance; Nancy Bryan, Library Aide-Library; Alexis Grace, Administrative Aide-Community Services; Elizabeth Lockman, Associate Planner-Planning; Neil Lowery, Stationary Engineer-Public Works; Bryan Martinez Garcia, Library Aide-Library; Eldren Prieto, Planning Technician I- Planning; Antoinette Terrell, Director of Richmond Housing Authority; Sharziad Abushi, Recreation Program Leader-Community Service; Nicholas Brown, Police Officer Trainee; Sahari Bosquez-Baeza, Office Clerk-Cashier-Community Services; Pablo Radhakrishna, Groundskeeper-Public Works; Eric Jordan Office Clerk-Cashier-Finance; Robert Springer, Recreation Program Leader-Community Services.

Promotions: Gregory Everetts, Parks Supervisor-Public Works; Leticia Navarro, ONS Field Coordinator-Office of Neighborhood Services; David Rodgers, Maintenance Lead worker-Public Works; Eric Martin, Recreation Program Specialist-Community Services; Ehioze Williamson, Auditorium Aide- Community Services.

U. 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)
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Cordell Hindler requested that Danny Wong was allowed to present a report to the city council on a future agenda. Mr. Hindler also stated that the UC Berkley Chancellors Office should establish a relationship with the city.

Suilma Navarrete. Zenaida Gomez, Blanca Retano, and Edith Pastrano gave comments regarding the need for approval of a rental inspection and certification program in the City of Richmond.

Jerome Fletcher President of the Richmond Steelers requested emergency funding for a team members trip to Florida. City Manager Shasa Curl stated that there would be an after the fact authorization on the December 17, 2024, City Council agenda and emergency funds would be advanced from the ECIA grant.

Philip Rosenthal gave comments regarding a meeting held regarding the Up and Under Pub that the neighborhood nor businesses were aware of.

Nate Trivers owner of the Up and Under Pub in Point Richmond stated that if the community did not want the parklet there, he would remove it.

V. 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.)
V.1 City Attorney's Office
V.1.a Third Amendment to Legal Services Agreement with Bennett, Gelini and Gelini, APC, to increase compensation and extend the end term APPROVE a third amendment to the legal services agreement with Bennett, Gelini and Gelini, APC, to increase the compensation by $300,000 for a total amount not to exceed $559,990 and extending the term to end December 31, 2027 – City Attorney’s Office (Kimberly Chin 510-620-6709/Shannon Moore 510-620-6505).

V.1.b Legal Service Agreement Amendment with Kramer Workplace Investigations
APPROVE an amendment to the legal services agreement with Kramer Workplace Investigations to extend the term to June 30, 2026, and increase the payment limit by $150,000 for a total amount not-to-exceed $250,000– City Attorney’s Office/Human Resources Department (Dave Aleshire/Shannon Moore/Nickie Mastay/Sharrone Taylor 510-620-6600).

V.2 Community Development
V.2.a Purchase of Encrypted Radios for Code Enforcement APPROVE the purchase of 11 encrypted hand radios from Motorola Solutions, for an expected total cost of $75,079.72 for Code Enforcement – Community Development Department (Lina Velasco/Eva Mann 510- 621-1283).

V.3 Finance Department
V.3.a Update Guiding Fiscal Policy
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REVIEW and ADOPT updates to the Guiding Fiscal Policy – Finance Department (Shasa Curl/Nickie Mastay 510-620-6609/Andrea Miller 510- 620-6790/Mubeen Qader 510-412-2077).

Item continued to the February 4, 2025, City Council meeting.

V.3.b Update on Financial Policies and Administrative Policy Manual APPROVE updated Finance Policies and Administrative Policy Manual - Finance Department (Andrea Miller 510-620-6790/Mubeen Qader 510- 412-2077/Jerry Gurule 510-620-6591).

Item continued to the February 4, 2025, City Council meeting.

V.4 Human Resources
V.4.a Amend contract with GovernmentJobs.com dba NEGOV
APPROVE the first amendment to the contract with GovernmentJobs.com dba NEOGOV to increase the total payment limit by $300,555.40 for a total amount not to exceed $351,540.05 and extend the term to January 27, 2028 – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

V.4.b Amend Salary Schedule
ADOPT a resolution amending the salary schedule to add the Assistant Deputy Director of Public Works, Assistant Transportation Planner, Associate Transportation Planner, Senior Transportation Planner, and the Contract Compliance Administrator classifications – Human Resources Department (Sharrone Taylor/Nickie Mastay 510-620-6602).

Adopted Resolution No. 139-24.

V.4.c Amend Position Control
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).

Adopted Resolution No. 140-24.

V.5 Library and Community Services
V.5.a Commission On Aging Senior Winter Ball Caterer
APPROVE a contract with El Sol Restaurant & Catering for a full-service catering for the Senior Winter Ball scheduled on December 14, 2024, in an amount not to exceed $13,500 and for a term beginning December 1, 2024, to December 31, 2024 - Community Services Department (Kymberlyn Carson-Thrower 510-620-6789/Ranjana Maharaj 510-620- 6972).

V.5.b Calendar Years 2025-2027 Richmond Fund for Children and Youth Grant Awards
ADOPT a resolution approving grant award recommendations from the Richmond Fund for Children & Youth (RFCY) Oversight Board for Calendar Years 2025-2027 to 37 youth-serving public and nonprofit organizations in a total amount not to exceed $6,734,835 annually; 57 cc03Dec2024 – ud/prc

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APPROPRIATE a total of $4,000,000 from the RFCY Fund Balance into the Fiscal Year (FY) 2024-25 budget and future FY budgets to cover all RFCY grant awards through the three-year grant cycle; ACCEPT and APPROPRIATE all grant funds awarded to City of Richmond departments up to the amounts awarded per calendar year; and AUTHORIZE the city manager, or their designee, to negotiate and execute grant service agreements with approved grantees - City Manager’s Office (Patrick Seals 510-307-8016/Nicholas Delgado 510-620-6523/LaShonda White 510-620- 6828).

Added to consent calendar item to advance $40,000 to the Steelers by 12/6/24, for a contract commencing on 12/5/24.

Adopted Resolution No. 141-24.

V.6 Public Works
V.6.a Resolution to Approve a Construction Agreement with BuildCorp, Inc for the Lincoln Elementary School Safe Route to School Improvement Project (SRT)- CML -5137(055)
ADOPT a resolution to approve a construction agreement with BuildCorp, Inc for the Lincoln Elementary School Safe Route to School Improvement Project in an amount not to exceed $456,000; and AUTHORIZE the director of public works to approve change orders, if necessary, for a contingency amount of up to $68,400 which is 15 percent of the contract amount, for a total contract amount not to exceed $524,400 – Public Works Department (Hillal Hamdan 510-621-1612/Robert Armijo 510-620- 5477/Daniel Chavarria 510-620-5478).

Adopted Resolution No. 142-24.

V.6.b Resolution to Award a Contract to Watearth for Operational Cost Study of Wastewater Treatment Plant, Sewer Collections System, and Stormwater Collections System
ADOPT a resolution to award an 18-month contract for $670,947 with Watearth beginning on December 1, 2024, and ending on May 31, 2026, for Operational Cost Study of Wastewater Treatment Plant, Sewer Collections System, and Stormwater Collections System – Public Works Department (Jeffrey Barich 510-412-2009/Robert Armijo 510-620- 5477/Daniel Chavarria 510-620-5478).

Adopted Resolution No. 143-24.

V.6.c Resolution to Approve a Contract with SwiftComply, Inc. for Fats, Oils, and Grease (FOG), Industrial Pretreatment, and Stormwater Monitoring Services
ADOPT a resolution to approve a three-year contract with SwiftComply, Inc, for FOG, Industrial Pretreatment, and Stormwater Monitoring Services in an amount not to exceed $239,155.00 beginning January 1, 2025 and ending on December 31, 2027, with two optional one-year extensions for a total amount of $129,053.00 for both option years; and AUTHORIZE the Director of Public Works to approve change orders, if necessary, for a contingency amount of up to $35,873.25 which is 15 percent of the bid amount, for a potential contract total amount not to 58 cc03Dec2024 – ud/prc

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exceed $275,028.25 - Public Works Department (Bradley Harms 510-307- 8094/Mary Phelps 510-621-1269/Daniel Chavarria 510-620-5478).

Adopted Resolution No. 144-24.

W. BUDGET SESSION
W.1 City Council’s Direction for Investment Policy Update REVIEW the City’s Investment Policy and ADOPT a resolution to approve the updated policy – Finance Department (Andrea Miller 510-620-6740).

Finance Director Andrea Miller presented the Investment Policy. Link to the presentation: Investment Policy Update
Discussion ensued.

An update would be provided to the city council on a future agenda with the results and compliance of the policy and staff would monitor investments to ensure compliance.

Cordell Hindler gave comments.

Adopted Resolution No. 145-24.

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

X. PUBLIC HEARINGS
X.1 Code Enforcement Lien and Special Assessment List for May 1, 2023 – April 30, 2024
Pursuant to public notice, the city clerk announced that it was time to hold a public hearing to ADOPT a resolution authorizing the City of Richmond to levy special assessments against certain properties with unpaid invoices related to administrative citations, and nuisance abatement costs pursuant to Richmond Municipal Code Chapters 2.62, 6.38, 9.22, and 11.76 – Community Development Department (Lina Velasco/Eva Mann 510-621-1283).

Code Enforcement Manager Eva Mann and Director of Community Development Lina Velasco presented the item.

Vice Mayor Jimenez declared the public hearing open.

Link to presentation: Code Enforcement Lien and Special Assessments Mike Doninelli, Tony Doninelli, Virginia Harrison, and Julius Melendez gave comments in person requesting review of their liens.

Liz Dodge #41 - Center Avene and #45 - 673 40th Street regarding the feral cats issue gave comments via Zoom.

Vice Mayor Jimenez closed the public hearing. Discussion ensued. 59 cc03Dec2024 – ud/prc

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City council requested the following: that future lien reports contain the type of violation; consideration of assistance for seniors; review of the feral cat ordinance; the potential of youth from the Youth Work Program to assist with abatement efforts for residents; ensure lien notices are received in both English and Spanish; differentiate between owner occupied vs vacant properties; and consider a payment plan option.

Vice Mayor Jimenez reopened the public hearing to hear from #41 - Estes Plumbing.

Vice Mayor Jimenez closed the public hearing.

Councilmember McLaughlin left the meeting at 9:06 p.m.

A motion by Councilmember Willis, seconded by Councilmember Robinson, to remove those who contested the levies from the list. Councilmember Robinson offered a friendly amendment as follows: to move forward with levies for the vacant properties, and review those levies of the owner-occupied properties, churches, homesteads, and veterans; assess if the owner-occupied properties need financial assistance and direct staff to take steps to create a program for those who need assistance; initiate an Request For Proposal for an outside agency to structure a program for next budget cycle and create a list of income limitations; report the outcome to the city council for the possibility of a financial assistance program for the 2025-2026 budget; and to move forward with assessed levies for businesses, rentals, vacant lots, and non-exempt, with the exception of the three that came to the meeting. The friendly amendment was accepted by the maker of the motion.

Councilmember Bana offered a friendly amendment to require that notices must be sent via certified mail in both English and Spanish with payment options. The amendment was not accepted.

Motion by Councilmember Melvin Willis
Seconded by Councilmember Doria Robinson
Ayes (5): Councilmember Soheila Bana, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, and Vice Mayor Claudia Jimenez
Absent (2): Councilmember Gayle McLaughlin and Mayor Eduardo Martinez Passed

X.2 Appeal of Encroachment Permit (#EN23-00843) Denial for Up & Under Pub & Grill BBQ Smoker
RECEIVE AND APPROVE an update on the appeal of an Encroachment Permit Application #EN23-00843 for the Up & Under Pub & Grill, PROVIDE guidance on the Applicant’s proposal and the draft Compliance Agreement, and CONTINUE this item to February 4, 2025, for presentation of the final Compliance Agreement – Public Works Department (Robert Armijo 510-620- 5477)/City Attorney’s Office (Dave Aleshire 510-620-3509). PUBLIC HEARING IS CLOSED; COUNCIL DELIBERATION ONLY .

City Attorney Dave Aleshire and Deputy Public Works Director Robert Armijo gave an overview.
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A motion was made to uphold the city engineer's decision to deny the encroachment permit.

Motion by Councilmember Cesar Zepeda
Seconded by Councilmember Melvin Willis
Ayes (5): Councilmember Soheila Bana, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, and Vice Mayor Claudia Jimenez
Absent (2): Councilmember Gayle McLaughlin, and Mayor Eduardo Martinez Passed

Y. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per
Councilmember)(public comments allowed under Open Forum) Councilmember Willis requested that the city council adjourn the meeting in memory of former Councilmember Jim McMillan. His memorial service was scheduled for December 13, 2024, at 4 p.m. at the Richmond Auditorium.

Councilmember Robinson reported that the Urban Tree Advisory Committee met and walked the neighborhood to look at the state of the aging trees. Councilmember Robinson also reported that she visited the Legacy Museum in Alabama and there could be a Black Historical Legacy Program & Museum in Richmond.

Z. ADJOURNMENT
There being no further business, the meeting adjourned at 9:42 p.m., in memory of former Richmond Councilmember Jim McMillan, to meet again on December 17, 2024, at 6:30 p.m.

Clerk of the City of Richmond Mayor

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January 7, 2025

City Council

DATE: January 7, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

Council Member Gayle McLaughlin
Councilmember Doria Robinson (Co- Sponsor)
Vice Mayor Claudia Jimenez (Co- Sponsor)

Subject:

Resolution Urging the Federal Government to Support the Immediate Recognition of the Confederated Villages of
Lisjan Nation, Muwekma Tribe and Ohlone Tribe’s Federal Status
FINANCIAL IMPACT: There are no direct financial impacts associated with the adoption of this resolution.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Resolution Urging the Federal Government to Support the Immediate Recognition of the Confederated Villages of
Lisjan Nation, Muwekma Tribe and Ohlone Tribe’s Federal Status
RECOMMENDED ACTION:

ADOPT a resolution urging the U.S. Congress, the White
House, the Department of the Interior and the Bureau of Indian Affairs to acknowledge and fe derally recognize all of the Chochenyo speaking tribes of the East Bay,
including the Muwekma, the Confe derated Villages of
Lisjan Nation and the Ohlone Tribe of the San Francisco Bay Area – Councilmember Gayle McLaughlin (510 -620-
6636), Councilmember Doria Robinson (510 -620-6568),
and Vice Mayor Claudia Jimenez (510-620-6565).

AGENDA
REPORT
62

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January 7, 2025

DISCUSSION:

The Verona Band is the only Bureau of Indian Affairs documented and historic Ohlone Tribe from the San Francisco Bay Area, who have maintained their distinct culture, social and political identity for the past 230 years despite genocide and political erasure.

As there have always been multiple Tribes within the territories of the East Bay that share a language- Chochenyo, there has never had one overarching tribe, but multiple Tribes that do not share the same ethics, values or political belief systems.

The direct ancestors of the Muwekma Ohlone Tribe, the Confederated Villages of Lisjan Nation and the Ohlone Tribe were missionized into the three Bay Area Missions: Santa Clara, San Jose, and San Francisco during the expansion of the Spanish Empire into Alta California from 1769 to secularization in 1836.

The United States Government maintained a “trust” relationship with the Verona Band as historically identified by agents and superintendents from the Bureau of Indian Affairs, from 1906-1927. The Verona Band has never been legally or illegally terminated by an act of Congress but were bureaucratically politically removed from the list of landless tribes and bands identified and eligible for land/homesites purchase via the Congressional Appropriation Acts of 1906, 1908, and later years, without any due process in 1927 despite its “trust’ relationship and its previous status as a federally recognized tribe.

This item seeks to rectify this injustice by adopting this resolution and directing the City Manager t o draft and execute a letter transmitting this resolution to the Bay Area Congressional delegation and the Secretary of the Department of the Interior, with instructions that all actions be taken to support and ensure the immediate recognition of the Confederated Villages of Lisjan Nation, the Muwekma Tribe and the Ohlone Tribe’s federal status, and include them with the federal registry of recognized tribes under the Bureau of Indian Affairs.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution

63 Reso. No. _____

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RESOLUTION NO. ______

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

CALIFORNIA, URGING THE UNITED STATES CONGRESS, THE WHITE

HOUSE, THE DEPARTMENT OF THE INTERIOR AND THE BUREAU OF

INDIAN AFFAIRS TO ACKNOWLEDGE AND FEDERALLY RECOGNIZE ALL

OF THE CHOCHENYO SPEAKING TRIBES OF THE EAST BAY, INCLUDING

MUWEKMA, CONFEDERATED VILLAGES OF LISJAN NATION AND OHLONE

TRIBE OF THE SAN FRANCISCO BAY AREA

WHEREAS, the Verona Band is the only Bureau of Indian Affairs’ documented and historic Ohlone Tribe from the San Francisco Bay Area, who have maintained their distinct culture, social and political identity for the past 230 years despite genocide and political erasure; and

WHEAREAS, there have always been multiple Tribes within the territories of the East Bay that share a language, (Chochenyo) and there has never had one overarching tribe, but multiple Tribes that do not share the same ethics, values or political belief systems; and

WHEREAS, the Ohlone have had a presence in the San Francisco Bay Area sin ce time immemorial; and

WHEREAS, the direct ancestors of the Muwekma Ohlone Tribe, the Confederated Villages of Lisjan Nation and the Ohlone Tribe were missionized into the three Bay Area Missions: Santa Clara, San Jose, and San Francisco during the expansion of the Spanish Empire into Alta California from 1769 to secularization in 1836; and

WHEREAS, the United States Government maintained a “trust” relationship with the Verona Band as historically identified by agents and superintendents from the Burea u of Indian Affairs, from 1906-1927; and

WHEREAS, the Verona Band has never been legally or illegally terminated by an act of Congress, but were bureaucratically politically removed from the list of landless tribes and bands identified and eligible for land/homesites purchase via the Congressional Appropriation Acts of 1906, 1908, and later years, without any due process in 1927 despite its “trust’ relationship and its previous status as a federally recognized tribe; and

WHEREAS, the Verona Band enrolled (1928-32, 1948-57, and 1968-71) with and was approved by the Bureau of Indian Affairs, Secretary of Interior, and Federal Courts under the 1928 California Jurisdictional Act and later Acts, and have consistently organized themselves under the 1934 Indian Reorganization Act, and also attended Indian Boarding Schools in the 1930s and 40s, still must obtain reaffirmation by the Secretary of the Interior or U. S. Congress; and

WHEREAS, there are 3 Tribes currently within the East Bay Tribal Territories that are all acknowledged by the Native American Heritage Commission, a State Agency, that recognizes each Tribe with the ability to speak on behalf of our Sacred Landscapes, Sacred Sites and waterways in the San Francisco Bay Area; and

WHEREAS, justice and equal treatment under the law demands that the Department of the Interior and the federal government officially recognize the historical, social, military and political history of all three of the current Tribes within the East Bay Territory.

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

1. We urge the United States Congress, the Department of the Interior and the Bureau of Indian Affairs to acknowledge the Confederated Villages of Lisjan Nation, the Muwekma Tribe and the Ohlone Tribe of the San Francisco Bay Area as federally recognized, sovereign tribes as defined un 25 C.F.R. 1.2 (the Secretary retains the power to waive or make exceptions to his regulations as found in chapter I of title 25 CFR in all cas es where permitted by law and the Secretary finds that such waiver or exception is in the best interest of the Indians); and

2. We direct the City Manager to draft and execute a letter transmitting this resolution to the Bay Area Congressional delegation and the Secretary of the Department of the Interior, with 64 Reso. No. _____

Page 2 of 2 ends

instructions that all actions be taken to support and ensure the immediate recognition of the Confederated Villages of Lisjan Nation, Muwekma Tribe and Ohlone Tribe’s federal status, and include them with the federal registry of recognized tribes under the Bureau of Indian Affairs.

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

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

AYES: AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor

Approved as to form:

City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }

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

_______________________________________
Pamela Christian, Clerk of the City of Richmond
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January 7, 2025

City Council

DATE: January 7, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

Councilmember McLaughlin, Vice Mayor Jimenez and
Councilmember Robinson

Subject:

City contribution to Hope Solutions to provide supportive services for the Richmond Tiny Village Farm and Garden
project.

FINANCIAL IMPACT: $300,000 from Unhoused Interventions in the Reimagining Public Safety fund. [Note:

Recommendations for use of this money began in 2021
that included $725,000 for a transitional village]

PREVIOUS COUNCIL
ACTION:

September 12, 2023, Richmond Police Activities League
(RPAL) Lease Amendment

STATEMENT OF THE
ISSUE:

The Richmond Tiny House Village Farm and Garden
Project has raised and will continue to raise significant private funds for developing this tiny youth village and is seeking a City contribution of $300,000 to help finalize its start-up costs.

RECOMMENDED ACTION:

DIRECT City staff to work with Contra Costa Interfaith
Transitional Housing, Inc. (dba Hope Solutions) to
prepare a contract and any other necessary agreements
to provide supportive services for the Richmond Tiny
House Village Farm and Garden project at 175 23rd
Street for calendar year 2025 and bring these documents to the City Council for final approval by February 18,
2025 – Councilmember Gayle McLaughlin (510-620-
6636), Vice Mayor Claudia Jimenez (510-620-6565), and
Councilmember Doria Robinson (510-620-6568).This
item was continued from the November 26, 2024,
meeting.

AGENDA
REPORT
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January 7, 2025

DISCUSSION:

The Richmond Tiny Home Village, Farm and Garden project is a dynamic collaboration between local community organizations creating Richmond, California's first Tiny House Village.

The City Council directed staff to complete a Richmond Police Activities League (RPAL) lease amendment on September 12, 2023, to allow this village to be built at 175 23rd Street. This lease amendment allows for the construction of a tiny house village with seven (7) tiny houses at the site to be inhabited by six Richmond unhoused youth and one unit for a resident manager, subject to the terms of the lease amendment. Later, another six (6) tiny houses are planned.

Tiny Village Spirt (TVS), a local community non-profit and coordinator of the project, has obtained a Temporary Use Permit for the use and been issued building permits for the project. TVS and its partners are proposing to construct this tiny house youth village as an innovative model for addressing the housing crisis, focused specifically on youth.

TVS has identified Contra Costa Interfaith Transitional Housing, Inc (dba Hope Solutions), a well-known, long-standing 501(c)(3) and supportive housing services provider in Contra Costa County, for operational management of the village. More information about Hope Solutions can be found here: https://www.hopesolutions.org/.

The following documents are attached:
● Attachment 1 Completed Signed Sublease and Memorandum of Understanding (MOU) between RPAL and TVS, and
● Attachment 2 Richmond Tiny House Village Supportive Services Agreement between TVS and Hope Solutions.

The young people who will be living in the village will be identified through the County’s Coordinated Entry system. Young people (currently unhoused), ages 18-24, will have the opportunity to live in the village with dignity as they transition to more permanent housing. There will be a host of programs and supportive services offered by Hope Solutions to provide for the needs of the youth, empowering them as they move forward in their lives.

The development of this Tiny Village has been moving forward, with support from the City Council, City Staff, and various volunteers throughout the community. It is on track to become an amazing and beautiful village for unhoused youth. The Village is sited right next to what will become the RPAL Farm and Garden project.

The Project has obtained buy-in from the surrounding Neighborhood Councils, as well as from RPAL, Greater Richmond Interfaith Program (GRIP) and many other community 67

Page 3 of 4 ends

January 7, 2025
organizations. TVS has previously set up a youth tiny house village in Oakland that is successfully operating. Richmond is on track to do the same.

The proposed City contribution/grant will be taken from the Reimagining Community Public Safety fund of the 2024-25 budget. The full budget amount annually provided to the Unhoused Interventions category of this fund is $1.8 million. In 2021, when the City Council approved the Reimagining Public Safety Task Force’s revised budget for alternative forms of public safety, $725,000 was earmarked for a transitional village. In addition, at the City Council’s goal-setting meetings in 2023, one of the goals included the start-up of two to three tiny villages. This small village will be a great start towards achieving this goal.

Hope Solutions will be responsible for operations and also some remaining capital costs. The breakdown of this city contribution/grant will be as follows:

Operating Funds

See Attachment 3 for a breakdown of Hope Solutions Operating Funds.

Total for Operating Funds = $197,000

Remaining capital costs

$ 73,275 for the 3-unit Restroom Trailer
$ 28,000 for the last yurt payment
$ 1,725 for Restroom Trailer deck materials

Total for remaining capital costs = $103,000

Total amount of proposed contribution/grant = $300,000

While TVS has raised and continues to raise significant funding for both operations and capital costs, having the City make a contribution will give the City an opportunity to show its commitment to what will be a beautiful village. TVS is a partner with Richmond Renaissance, our new Arts District project, which will be using the arts as place-making for our downtown area as the City focuses on re-imagining and renovating downtown both culturally and economically.

It is important to keep the work going on this village in order to have the doors of the tiny homes available for habitation by the youth on July 1, 2025.

In addition to working with community groups and neighborhoods, TVS is working with Richmond YouthWorks and RPAL youth, to bring in young people as designers and youth artists for this village. TVS has been working diligently with pro bono architects, engineers, and City staff. The Richmond Community Development Department, including Building Division, reviewed the project construction documents for compliance 68

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January 7, 2025
with the building codes and zoning regulations and have issued a permit for construction. TVS stated they have also obtained approvals from PG&E and EBMUD for the project. All the partners on this project have given a lot of time, effort and volunteer work to bring this project into fruition.

This item is requesting that City Council direct staff to work with Hope Solutions to finalize details and come back to the City Council by February 18, 2025, with a contract and any other necessary agreements/documents for City Council approval. City staff will ensure the terms of the sublease and MOU between RPAL and TVS comport with the terms of the lease, as amended, between the City and RPAL, and address any other details regarding the proposed contribution/grant. It is requested that the City Manager assign an appropriate staff person to work on this task.

DOCUMENTS ATTACHED:

Attachment 1 – Completed Signed Sublease and Memorandum of Understanding (MOU) between RPAL and TVS
Attachment 2 - Richmond Tiny House Village Supportive Services Agreement between TVS and Hope Solutions
Attachment 3 - Hope Solutions Operating Funds

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Tiny Village Spirit - Richmond

EXPENSES
Personnel
CY25 (9 mo of
salaries, 6
month other
costs)
.05 Program Director 8,333
.125 Program Manager 7,500
.5 FTE Village Manager 25,500
.5 FTE Case Manager 25,500
1 FTE Resident/Peer Support Specialist 33,750
subtotal salaries 96,938
taxes/benefits (22%) 21,326
subtotal personnel 118,264
Program Expenses
youth program incentives 1,800
case management expenses 4,500
subtotal program 6,300
Operating Expenses
Site security (@$19/hr *14hours *365 days/yr) 48,545
Site security supervision contract (@$25/hr x 500 hours +23% fringe) 7,625 Cleaning and sanitizing 4,420
security deposit 2,400
maintenance/repairs 9,000
Youth work stipends (@$18/hr x6 x3hrs/wk x46weeks) 7,452 Insurance 4,750
subtotal operating 84,192
Adminstrative/Overhead (8%) 16,700
Total Budget 225,456

SOURCES
Richmond City Funding 197,000
Rental subsidies at $800 per unit (from ERF grant)
To Be Raised (28,456)
Prospective Funding
Miranda Lux Foundation 15,000
Bernard Witkin Foundation 15,000
Total Prospective Funding 30,000
156
Revenue - Expenses 1,544
157
January 7, 2025

Community Development

DATE: January 7, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

Lina Velasco, Director of Community Development
George Kabaivanov, Building Official

Subject:

Residential Rental Inspection Program Ordinance
Amendments
FINANCIAL IMPACT: There is no fiscal impact to the General Fund from the expanded rental inspection program as fees are collected directly from owners of rental property to cover program costs. The elimination of the self-certification program will increase the number of inspection fees a landlord will pay every inspection cycle (triennially or every three years).

PREVIOUS COUNCIL
ACTION:

May 16, 2023

STATEMENT OF THE
ISSUE:

In the Council-identified Strategic Goal Area 1: Improve Quantity and Quality of Housing, Especially Low-Income
Housing and Reduce Homelessness, making
amendments to the Residential Rental Inspection
Program to improve housing quality was expressed as
Goal 1.4.a. Staff has engaged with key stakeholders to develop amendments to meet these strategic goals for
Council’s consideration.

RECOMMENDED ACTION:

ADOPT an ordinance (second reading) amending
Richmond Municipal Code Chapter 6.40 Residential
Rental Dwelling Unit Inspection and Maintenance to
eliminate the self-certification process, expand units
covered, including certain affordable housing units, and add other amendments to enhance the program –
Community Development Department (Lina Velasco 510-
620-6841/George Kabaivanov 510-620-6649).

AGENDA
REPORT
158
January 7, 2025
DISCUSSION:

On May 16, 2023, City Council directed the City Attorney’s Office to work with the Community Development Department and community stakeholders to update the Residential Rental Inspection and Maintenance Ordinance. Due to the City’s desire to further expand enforcement, staff hereby proposes amendments to the current ordinance to add key amendments relating to removing the self-certification inspection process, ensuring all covered units are inspected every inspection cycle, removing exemptions from inspections for certain subsidized housing options, studying necessities for bringing the administration of the Residential Rental Inspection Program (RRIP) in-house after a phased period, and clarifying standards for habitability.

Summary of Proposed Amendments

Below is a summary of the key amendments proposed to the RRIP:

• Clarifying definitions of key parties involved in the implementation and enforcement of the program to ensure clarity in procedures and duties; • Clarifying exemptions from inspections as it relates to mobile home parks, vacant properties, transient lodging, and newly constructed buildings or accessory dwelling units to ensure exemptions from the program are narrowly targeted and tailored;
• Removing exemptions from inspections for certain subsidized housing options and in turn, limiting the exemption for subsidized housing to units occupied by Housing Choice Voucher (Section 8) tenants only to ensure that the maximum number of units within the City are properly inspected; • Expanding and clarifying standards for habitability, including detailing additional standards for interior inspections, tailoring exterior inspection standards to focus on habitability, adding language to limit potential claims that inspection approvals under the RRIP serve as approval for nonconformities for unpermitted work, and reserving sections for future development and potential adoption of provisions relating to implementation of standards geared toward energy efficiency, modernization, and decarbonization of residential rental units throughout the City, which are to be incentivized via City, State, and/or Federal programs; • Amending notification and inspection procedures to ensure tenants and owners have adequate notice and provide availability to reschedule inspection for certain circumstances;
• Shortening the duration between inspection cycles, every unit must be inspected once every three years;
• Removing the self-certification inspection process to ensure that inspections are performed by specialized officials and to encourage tenant communication/complaints of potentially substandard conditions; • Expanding standards for conducting additional inspections on a complaint basis in an effort to work with tenants to communicate and identify substandard conditions;
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January 7, 2025
• Ensuring all units are inspected on a three-year cycle and eliminating exemptions from full inspections based on prior compliance;
• Developing standards to study required actions necessary to bring administration of the RRIP in-house after a phased period;
• Expanding provisions relating to relocation of tenants to ensure tenants are aware of existing City resources to facilitate relocation; • Reserving sections for future development and potential adoption of provisions relating to implementation of a tenant habitability plan; and, • In sum, amendments largely consist of adding procedures and processes to ensure units are regularly inspected in an effort to eliminate the substandard housing stock within the City.

PUBLIC INPUT

City staff hosted a community workshop on March 14, 2024, to obtain input from landlords and residents on a draft version of the proposed Ordinance amendments.

Input from participants included and addressed the following topics: (1) concern regarding the increased costs to landlords, especially those managing affordable housing units; (2) support for expanding the RRIP to ensure tenant safety and minimum habitability standards; (3) requests to exempt Section 8 units given these units are already subject to annual habitability inspection by the U.S. Department of Housing and Urban Development; and, (4) concern regarding the lack of clarity in the Tenant Habitability Plan provisions, procedures, and requirements.

In response to the public’s input, the following key changes were made to the proposed Ordinance amendments:
 Providing Housing Choice Voucher (Section 8) units as an exempt class of units given the already existing habitability inspections;
 Reserving the establishment of climate efficiency standards aimed at identifying opportunities for landlords to electrify/decarbonize rental units; and,  Reserving the establishment of a tenant habitability plan aimed at ensuring tenant safety was considered during major repairs and construction work.

Necessary steps for successful implementation of climate efficiency guidelines and the tenant habitability plan will be studied with the support of a Partnership for the Bay’s Future Housing Fellow over the next year to allow for further study and stakeholder engagement.

ENVIRONMENTAL REVIEW

The subject Ordinance is not subject to the California Environmental Quality Act (“CEQA”) because the Ordinance does not qualify as a “project” under CEQA and because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines, section 15060, subd. (c)(2), (3).) Section 15378 of the State CEQA Guidelines defines a project as the whole of an action, which could potentially result in either a direct physical change, or 160
January 7, 2025
reasonably foreseeable indirect physical change, in the environment. Here, the Ordinance will not result in any construction or development, and it will not have any effect that would physically change the environment. The Ordinance therefore does not qualify as a project subject to CEQA.

NEXT STEPS:

Upon final adoption, staff will work on the implementation of the amendments and will study the steps necessary to bring the inspection program in-house for future council consideration. The current RRIP is currently carried out with the use of consultants for both the administration and inspections.

Partnership of the Bay’s Future Housing Fellow

In addition, the Partnership for the Bay’s Future awarded the City and its community partners, Movement Legal and Alliance of Californians for Community Empowerment (ACCE), a Housing Fellow to: (1) support the City in developing a process for review of Tenant Habitability Plans to preserve tenancies during major construction or repair work; and, (2) create Climate Resilient Housing Guidelines to be used in the new inspection program aimed at identifying opportunities for landlords to electrify rental units by taking advantage of existing rebate and incentive programs.

EPA Community Change Grant

In addition, the City and ACCE applied for an EPA Community Change grant for a project that would demonstrate that a new, more equitable model of building decarbonization is possible. Specifically, neighborhood-scale building decarbonization projects allow all residents—regardless of race, class, or home ownership—to receive the benefits of energy-efficient, healthy, and resilient homes.

Participants in the 40-80 residential units selected for this program will receive deep energy efficiency retrofits, high-efficiency electric appliances such as heat pumps and electric panel upgrades if necessary, and onsite solar will also be installed for all suitable rooftops in the project area to further lower energy bills. Additionally, program participants will receive electric vehicle charging and battery storage geared towards improving resilience in the case of power outages and natural disasters.

If funded, this program will have a long-term positive impact on residents by lowering utility bills, improving indoor and outdoor air quality, and providing efficient cooling heating.

DOCUMENTS ATTACHED:

Attachment 1 – Ordinance Amending RMC Chapter 6.40
Attachment 2 – Proposed Ordinance Amendments (Redline)
161

ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING CHAPTER 6.40 OF THE RICHMOND MUNICIPAL CODE RELATING

TO RESIDENTIAL RENTAL DWELLING UNIT INSPECTIONS, MAINTENANCE,

AND HABITABILITY

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

WHEREAS, on August 2, 2005, the City of Richmond (City) adopted an ordinance (34- 05 N.S.) establishing a procedure for Residential Rental Dwelling Unit Inspection and Maintenance, adding a new Chapter 6.40 to the Richmond Municipal Code (RMC);

WHEREAS, on January 20, 2015, the City adopted an ordinance (03-15 N.S.) amending the procedure for Residential Rental Dwelling Unit Inspection and Maintenance, adding and tailoring key provisions as they relate to expanding the rental inspection program to all residential rental properties;

WHEREAS, the purpose of Chapter 6.40 of the RMC, Residential Rental Dwelling Unit Inspections and Maintenance, is to ensure the availability of affordable and safe residential rental units within the City through a program of regularly scheduled, comprehensive inspections intended to identify and require correction of substandard conditions and ensure habitability for the City’s residents living in residential rental dwelling units;

WHEREAS, the intent of this Chapter 6.40 of the RMC is to proactively identify blighted and deteriorated rental housing stock and to ensure the rehabilitation or elimination of rental housing that does not meet minimum building code and housing code standards, exterior maintenance standards, and site maintenance standards, or is otherwise not safe to occupy;

WHEREAS, Chapter 6.40 of the RMC, Residential Rental Dwelling Unit Inspection and Maintenance, sets forth regulations and enforcement provisions for the City’s Residential Rental Inspection Program (RRIP);

WHEREAS, due to the success of the RRIP and City’s desire to further expand enforcement, staff hereby proposes amendments to the current ordinance to add key amendments relating to shortening inspection cycles, removing the self-certification inspection process, ensuring all units are inspected, removing exemptions from inspections for certain subsidized housing options, studying necessities for bringing administration of the RRIP in-house after a phased period, and clarifying standards for habitability;

WHEREAS, these proposed amendments to Chapter 6.40 of the RMC shall serve as the initial phase of amendments to the RRIP as the City desires to bring forward additional amendments and enhancements after implementation including the addition of standards geared 162

toward energy efficiency, modernization, and decarbonization of rental units throughout the City, which would be incentivized via City, State, and/or Federal programs;

WHEREAS, said amendments to the RMC are permitted by law, including the California Constitution, Government Code, and Civil Code.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND HEREBY ORDAINS AS FOLLOWS:

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

SECTION 2: Chapter 6.40 of the Richmond Municipal Code is hereby amended and is to read in its entirety as follows:

Sections:

6.40.010 - Purpose and intent.

6.40.020 - Reserved.

6.40.030 - Definitions.

6.40.040 - Scope.

6.40.050 - Exemptions.

6.40.060 - Inspections; compliance with applicable codes and standards.

6.40.070 - Registration, application and implementation.

6.40.080 - Notification of inspection and procedures.

6.40.090 - Registration/processing fee.

6.40.100 - Inspection fee and compliance re-inspection fees.

6.40.110 - Violations.

6.40.120 - Enforcement; penalties.

6.40.130 - Relocation of tenant.

6.40.140 – Reserved.

6.40.150 - Appeal.

6.40.160 - Retaliatory eviction prohibited.

6.40.170 - Recovery of attorneys’ fees.

6.40.180 - Delinquent fees; late fee penalties.

6.40.190 - Effective date.

6.40.200 - Review by City Council.

Chapter 6.40 - RESIDENTIAL RENTAL DWELLING UNIT INSPECTION,

MAINTENANCE AND HABITABILITY

6.40.010 - Purpose and intent.

The purpose of this chapter is to safeguard and preserve the housing stock of decent, safe and sanitary residential rental dwelling units within the City and to protect persons entering 163

or residing in them by providing for a regular and comprehensive system of inspection of residential rental dwelling units and, through such inspections, identifying and requiring the correction of substandard conditions. Additionally, City Council finds that the safety of rental housing properties is increased through the participation of owners, tenants, the City, and the community.

The intent of this chapter is to proactively identify blighted and deteriorated rental housing stock and to facilitate the rehabilitation of rental housing that does not meet minimum building, housing, and health and safety code habitability standards, exterior maintenance standards, site maintenance standards, or is unsafe to occupy. It is further intended to preserve and enhance the quality of life for residents of the City living in those residential rental dwelling units.

After implementation, the City desires to bring forward additional amendments and enhancements including the addition of standards geared toward energy efficiency, modernization, and decarbonization of residential rental units throughout the City, which are to be incentivized via City, State, and/or Federal programs.

6.40.020 - Reserved.

This section is reserved for development and adoption of provisions relating to implementation of standards geared toward energy efficiency, modernization, and decarbonization of residential rental units throughout the City, which are to be incentivized via City, State, and/or Federal programs.

6.40.030 - Definitions.

As used in this chapter:
"City" means the City of Richmond.
"Inspection fee" means the amount charged per unit to be inspected at the beginning of every three (3) year cycle.
“Inspector” means the Building Official, vested with the authority to enforce this Code or otherwise delegate the implementation, administration, and enforcement of the provisions of this Code to housing inspectors, building inspectors, technical officers and employees, or other designees, all which shall have the powers as delegated by the Building Official.
"Nuisance" shall have the same meaning as set forth in California Civil Code Section 3479 and/or any condition as defined in Chapter 9.22 et seq., this Code, or any condition declared and deemed by the City Council to constitute a nuisance, or any violation of the Richmond Municipal Code.
"Owner" means the person identified and listed as having title to the residential rental dwelling unit indicated by the latest property tax assessment roll maintained by the Contra Costa County Assessor and any authorized agent, trustee, or legal representative thereof. 164

"Person" means an individual, corporation, partnership, association, or other entity. "Property" means any real property interest or estate which may be granted or devised by deed. The term "property" shall also include: tracts, lots, easements or parcels of land, and any and all improvements thereon.
"Registration/processing fee" means the flat rate, based on the legal property owner, that is payable each and every year by property owners of residential rental properties within the City or payable on a predetermined schedule.
"Residential rental dwelling unit" means a residential dwelling unit, including single family dwellings, or residential units within duplexes, triplexes or multi-family (4-units or more) residential buildings, which is not an owner-occupied unit, including rooming houses, boarding houses and single room occupancies (as defined by this Code). "Substandard dwelling" means any condition which is defined as constituting a substandard building or dwelling as defined by California Health and Safety Code Section 17920.3 et seq. or as defined by the California Building Code. “Tenant” means a tenant, subtenant, lessee, sublessee, or any other person entitled under the terms of a rental housing agreement to the use or occupancy of any residential rental dwelling unit.
"This Code" means the Richmond Municipal Code.

6.40.040 - Scope.
(a) The provisions of this chapter shall apply to all existing residential rental dwelling units located within the City limits including parking lots, driveways, landscaping, accessory structures, and fences.
(b) The provisions of this chapter shall be supplementary and complementary to all of the provisions of this Code, State law, and any law cognizable at common law or equity, and nothing herein shall be construed, read, or interpreted in any manner so as to limit any existing right or power of the City to abate and prosecute any and all nuisances or to enforce any other conditions in violation of State or local codes, including, but not limited to, any building, housing, property maintenance and public nuisance ordinances.

6.40.050 - Exemptions.
(a) Mobile Home Parks. Mobile home parks shall be exempt from this chapter. (b) Vacant Properties. Any residential rental dwelling unit(s) in a building that is properly registered as "vacant property" under Chapter 6.38 of this Code shall be exempt from this chapter. As required by Chapter 6.38 of this Code, the owner shall provide the City written notice when the property is to become occupied. Upon the City’s receipt of written notice of upcoming occupancy, the inspector shall conduct an inspection of the property pursuant to the standards in this chapter before the property is occupied.
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(c) Transient Lodging. Transient lodging as defined in section 15.04.104.020 of this Code shall be exempt from this chapter.
(d) Newly Constructed Buildings or Accessory Dwelling Units (ADUs). Newly constructed buildings or ADUs shall be exempt from this chapter for a period of five (5) years, unless a complaint of substandard or illegal conditions has been received. That five (5) year period begins to run on the date the certificate of occupancy for the dwelling was issued by the Building Regulations Division. (e) Units Occupied by Housing Choice Voucher (Section 8) Tenants. All residential rental dwelling units occupied by Housing Choice Voucher Tenants (Section 8) shall be exempt from this chapter provided that these residential rental dwelling units receive housing quality inspections by the administering agency and in accordance with the inspection schedule set by the administering agency. These units are subject to complaint-based inspections as set forth in section 6.40.070(d) of this chapter.

Nothing in this chapter, including the above-listed exemptions, shall be construed or interpreted as limiting the City's authority to investigate and compel the abatement of any violation of this Code and/or the California Code of Regulations or other duly enacted law.

6.40.060 - Inspections; compliance with applicable codes and standards. (a) Inspections. The inspector is authorized to inspect all residential rental dwelling units, both internally and externally, and their associated property to determine whether such residential rental dwelling units comply with State law, applicable provisions of this Code, and with all previous conditions of approval and agreements. Applicable provisions of this Code may come from and include, but are not limited to, the California Code of Regulations and California Codes (including the building, housing, fire, plumbing, mechanical, and electrical codes), Chapter 9.22 of this Code regulating public nuisance standards, and the standards set forth in this chapter. Interior areas of all residential rental dwellings units shall be determined by the inspector to be compliant with the regulations set forth herein including but not limited to: all bedrooms and living areas must be habitable, doors and locks must be installed and equipped with locking mechanisms, windows, window panes, and window screens must be in good condition with proper locking devices, there must be no visible mold, insects, rodents, or other pests, light switches must be functional, GFI’s must be properly installed and in working condition, all smoke detectors must be in working order and installed in all hallways and sleeping rooms, a carbon monoxide detector must be installed on each level within the residential rental unit, and all kitchen appliances must be in good working order.

inspections are still conducted by third-party contractors. Once the residential rental inspection program is conducted exclusively by City employees, this ordinance shall be amended accordingly.
(b) Compliance with Codes and Standards. When inspections are made under this chapter, the residential rental dwelling unit(s) shall be required to be in conformance and maintained in accordance with the code standard that was in effect at the time the residential rental dwelling unit(s) was constructed, altered, remodeled, erected, or converted, except for any additional requirements mandated by this Code or State law.

Any inspection performed or approvals provided under this chapter, shall not be construed to provide approval, authorization, permitting, or otherwise grandfather in any nonconforming use or unpermitted construction, addition, or modification present in any residential rental unit.
(c) Additional Exterior Standards. In addition to the codes and standards described above, all residential rental dwelling units shall meet the following exterior maintenance standards:

(1) Residential rental dwelling units and all portions thereof, shal l have exterior walls that are weathertight , watertight, and kept free of deterioration, holes, breaks, or loose boards or coverings. Roof structures shall be watertight such that there are no defects that will allow water to enter into the residential ren tal dwelling units;
(2) The exterior finish of all residential rental dwelling units shall be maintained.

If the exterior finish of a residential rental dwelling unit is paint or stain, the residential rental dwelling shall be repainted or re-stained prior to a time when the exterior finish has substantially deteriorated;
(3) All architectural projections such as cornices, moldings, lintels, sills (and similar projections) shall be maintained in good repair and free of defects; (4) All chimneys, antennas, vents, gutters and downspouts, and similar projections or building accessories shall be maintained in a structurally sound condition and be in good repair. Such projections shall be properly secured, when applicable, to an exterior wall or roof;
(5) Windows and exterior glazing shall be soundly and adequately glazed, and free from loose and/or broken glass and cracks that could cause physical injury or allow the elements to enter the structure. Exterior doors shall be maintained in a weathertight, watertight and rodent-proof condition. Exterior doors of residential rental dwelling units shall be solid core or the equivalent and be provided with a locking device that tightly secures the door; (6) All residential rental dwelling units and exterior property shall be maintained free of rodent, insect or vermin infestation, which creates an unsafe or unsanitary environment on the subject or adjacent properties or buildings; (7) All accessory structures shall be maintained in a state of good repair or removed from the property or residential rental dwelling unit(s). Such structures shall include, but not be limited to, clubhouses, offices, maintenance buildings, carports, retaining walls, fences, garages, swimming pools, spas, hot 167

tubs and miscellaneous sheds;
(8) All parking areas on the property, if dedicated for use by the tenant(s) of the residential dwelling unit(s), shall be kept free of potholes, cracks or other deterioration. Parking areas must comply with City and State regulations. All striping and signage for multi-family (4 or more dwelling units) residential units, including parking signage and fire lane or access signage, shall be maintained in good condition and clearly legible; and,
(9)All landscaped areas serving the residential dwelling unit(s) shall be maintained in compliance with Chapter 9.22 of this Code and free of public safety hazards. Landscape areas are defined as the general landscaping area, rights-of-way and detention or pond areas. Driveways, hardscape parking areas, patios or walks are not included as landscape areas.
(d) An inspector shall not opine on who is at fault (i.e. tenant, landlord, or property owner) for any substandard condition.

6.40.070 – Registration, application and implementation. (a) It shall be the responsibility of all owners of residential rental dwelling units within the City to register such residential rental dwelling units with the Building Regulations Division and submit the registration/processing fee and the inspection fee. Payment of the registration/processing fee and inspection fee shall take place within thirty (30) days of the date on which written notification is mailed to the owner of such residential rental dwelling unit(s) by the Building Regulations Division.
(b) If the owner of the residential rental dwelling unit(s) fails to register or reregister such units in compliance with this chapter, the inspector shall register or reregister said units in the name of the owner and set a date and time for initial cycle inspection of said units, and shall send written notification to the owner that the residential rental dwelling units have been so registered and advising of the date and time set for inspection, accompanied with a bill for the registration/processing fee and the total initial inspection fee for each unit.
(c) Frequency of Periodic Inspection Cycle. The owner shall permit an inspection of all residential rental dwelling units once every three (3) years by the inspector, in order to determine whether any substandard conditions exist within such residential rental dwelling unit(s) or on the premises of the property.
(d) Complaint Based Inspections. Additional inspections of any residential rental dwelling unit may occur on a complaint basis or if the inspector has reasonable cause to believe any unit is substandard. The inspector may assess various factors to establish reasonable cause including but not limited to:
(1) The extent and seriousness of the previous or current violations observed and any reasonably anticipated effect on the tenants;
(2) The history of the residential rental dwelling unit during the past three years, including whether the residential rental dwelling unit has been the subject of orders issued by other agencies concerning health and safety violations or 168

involvement in nuisance abatement actions;
(3) The age of the residential rental dwelling unit;
(4) The record in the past three years of the persons or entities who own, manage, or control the residential rental dwelling unit(s) with respect to health or safety violations at the premises or other properties and whether the violations have been subject to enforcement action;
(5) Whether the residential rental dwelling unit(s) have delinquent fees imposed under this chapter;
(6) Whether there are tax defaults on the residential rental dwelling unit(s); (7) If master-metered residential rental dwelling unit(s), whether there are any delinquent utility bills in excess of two months; and,
(8) Any other criteria determined by the Buildings Regulations Division to be indicative of the existence of health or safety violations. (e) The existence of periodic inspections and availability of additional inspections shall not affect an inspector’s duty to respond to complaints concerning habitability of any residential rental dwelling unit. The City shall not charge any tenant for any inspection based on a complaint of State Housing Law habitability violations made by the tenant or any other person.

6.40.080 - Notification of inspection and procedures.
(a) A notice of inspection stating the date and time of the inspection shall be provided to the owner as well as to the address of the residential rental dwelling unit, which shall be sufficient to provide any tenants and occupants of the residential rental dwelling unit notice of the date and time of the inspection. The failure of either the owner or any tenants or occupants to receive notice does not affect the validity of the notice.
(b) The notice of inspection shall provide a minimum of 30 days' notice. It shall be the responsibility of the owner to provide actual notice to the individual tenants to facilitate access to the residential rental dwelling units to be inspected. (c) If an inspection is canceled or rescheduled by the inspector, a notice shall be mailed to the owner as well as the address of the residential rental dwelling unit at least three days prior to the rescheduled inspection date stating the date and time of the new inspection.
(d) If an inspection is canceled or rescheduled by the owner or the tenants of the property, the new inspection date must be within 14 days of the originally scheduled inspection date. The inspection date and time may be rescheduled once per request by the owner or collective tenants of the residential rental dwelling unit. Any additional request to be rescheduled must be for good cause and approved by the inspector.
(e) In the event an owner or tenant in possession of a residential rental dwelling unit refuses to allow access to conduct the inspection, the City may use all legal remedies 169

permitted by law per section 6.40.120 of this chapter, including issuance of a warrant to cause an inspection to take place, provided reasonable cause exists to believe that a violation of this Code or State law exists on the residential rental dwelling unit.

Inspections for the purpose of this chapter are a "necessary service" and for which entry by the owner, upon proper notice, is allowed per Civil Code 1954. (f) Upon arrival at a noticed inspection, it shall be the duty of the inspector to ensure that each individual attending the inspection identifies themselves by first and last name and provides their title to any tenants and occupants. A tenant or occupant may refuse entry to any individual who refuses to identify themselves.

6.40.090 - Registration/processing fee.

Owners of all residential rental dwelling units subject to inspection under this chapter shall pay a registration/processing fee on a pre-determined schedule in the amount set forth in the Master Fee Schedule (resolution establishing fees and charges for various municipal services). The fee will be used to finance the cost of processing and maintaining current ownership and property information and program records by City staff. If the owner fails to pay the required fee, the City shall recover it, plus accrued interest and penalties, utilizing all remedies provided by law, including placing a special assessment lien against the residential rental dwelling unit. This fee shall be known as the residential rental unit "registration/processing fee."

6.40.100 - Inspection fee and compliance re-inspection fees.

Upon a periodic or complaint-based inspection, the inspector may require the owner of a residential rental dwelling unit to perform work, take action, or refrain from an action to ensure compliance with applicable codes. The initial periodic inspection fee includes the cost of the initial periodic inspection and the first (1st) compliance re-inspection and/or the below described affidavit in lieu of the first (1st) compliance re-inspection. In those cases where the inspector has determined (based on violations designated as minor on the inspection checklist) that the violations are of a minor nature, in lieu of the compliance re-inspection, the owner shall submit a sworn declaration attesting to the repair of all listed violations within the specific time frame provided in the notice. If the owner fails to correct the violations by the second (2nd) compliance re-inspection, or fails to submit a sworn declaration attesting to repair of the minor violations within the time provided, the owner shall pay a re-inspection fee for that second (2nd) compliance re-inspection and for each additional re-inspection thereafter, as set forth in the Master Fee Schedule. If the owner fails to pay the required fee, the City shall recover it, plus accrued interest and penalties, utilizing all remedies provided by law, including placing a special assessment lien against the residential rental dwelling units.

6.40.110 - Violations.
(a) Notice of Violation.
(1) Content. Whenever it is determined by the inspector that a violation of this chapter exists, the inspector shall issue a written notice of violation. The notice shall contain a description of the violation, the specific action required to correct the violation and a demand that the violations be corrected within the specific time period listed in the notice. The notice shall contain the scheduled re- 170

inspection date and time, or in the event the violations are minor as designated on the inspection checklist, the notice shall contain a date by which the owner must provide the inspector with a sworn declaration (attached to a copy of the checklist showing the violations), that each minor item has been repaired as directed. If an inspector orders a notice to vacate, certain imminently dangerous life-safety violations are observed, or if the tenant believes that the repairs affect habitability, the relocation procedures set forth in section 6.40.130 of this chapter apply.
(2) Time for Correction. The notice shall provide a reasonable time for correction, the time shall depend on the inspector’s opinion of the time it would take a reasonably diligent person to complete the required action, the potential harm to the public welfare, health and safety, the harm to the tenant or nearby properties and the extent of the corrections required. The inspector may grant a one-time extension of the initial time to abate the violations upon written request of the owner, if (1) substantial work has been satisfactorily completed (at least 85% of the violations identified in the notice of violation); and (2) the violation is not a life safety issue. In no event shall the initial time to correct exceed one hundred twenty (120) days, nor shall any extension of time exceed sixty (60) days. Certain imminently dangerous life-safety violations may require immediate correction and are not subject to an extension of time to correct and are subject to the relocation requirements of section 6.40.130 of this chapter. (3) Service of Notice on Owner. The notice of violation may be served personally on the owner or, if the owner is not present, a copy of the notice may be posted on the property and/or by deposit in the United States mail, in a sealed envelope, postage prepaid, addressed to such person to be notified at his last known business or residence address as the same appears in the public records of the City or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office. It is unlawful and a misdemeanor for any person to remove, deface or cause the removal or defacing of any notice of violation posted on premises pursuant to this chapter. The owner’s failure to receive the notice does not take away from the validity of the notice. (4) Service of Notice on Tenants and Occupants. Any notice of violation shall also be mailed via United States mail, postage prepaid, to the residential rental dwelling unit address subject to the violations contained in the notice of violation. The notice shall contain a cover page, which states in bold text the following information:

The residential rental dwelling unit you are currently occupying has been found to have violations of the Richmond Municipal Code relating to habitability. The violations cited in this notice are to be remedied by the owner of the residential rental dwelling unit. If you are required to move out, you will receive an eviction notice or order from the City of Richmond. If you believe that the conditions cited in the notice substantially affect the habitability of your residential rental dwelling unit, you may be entitled to a rent reduction or relocation benefits as specified in the Richmond 171

Municipal Code. Upon receipt of an eviction notice or order, belief that you are entitled to a rent reduction, or have any other questions concerning your rights as a tenant, please contact Richmond’s Rent Program at: 510-234-RENT or,
http://www.ci.richmond.ca.us/3364/Richmond-Rent-Program. (5) Compliance Re-inspections. Compliance re-inspections shall be conducted to verify that the violations identified in the notice of violation have been abated, unless the violations are minor in nature (as designated by an asterisk on the inspection checklist), and the owner has submitted a sworn declaration of repair.

Violations that were not noted on the initial notice of violation but are discovered during any re-inspection due to subsequent activities, damage or deterioration, shall be subject to correction.

6.40.120 - Enforcement; penalties.

If, after a notice of violation has been issued, the owner fails to abate the violations, the City may proceed with all remedies available under this Code to compel compliance, including, but not limited to, issuing administrative citations, abatement proceedings, civil action, civil injunction and/or criminal prosecution, or any combination of remedies.

The City may also utilize the provisions of the Revenue and Taxation Code Section 24436.5 to encourage the elimination of substandard conditions in rental housing. The City is also authorized to bring an action under the Business and Professions Code for unfair business practices.

6.40.130 - Relocation of tenant.

If any residential rental dwelling unit is found to be unsafe to occupy, or is unfit to occupy pursuant to Health and Safety Code Section 17920.3, or the unit is posted by the Building Official with an order not to enter or occupy as authorized by the California Code of Regulations, Title 24, or the Uniform Code for Abatement of Dangerous Buildings, the costs and expenses of relocation of any tenant from that unit shall be the responsibility of the owner pursuant to applicable State and Federal law including but not limited to Chapters 11.100 and

11.102 of this Code. All procedures, evaluations, and decisions relating to relocation shall be exclusively handled pursuant to Chapters 11.100 and 11.102.

A tenancy is not terminated when an inspector orders the tenants to vacate the residential rental dwelling unit due to unsafe conditions. If a tenant chooses to vacate before reoccupying, the tenant’s move shall be presumed, absent evidence to the contrary, to not be “voluntary.” The owner must rent to any subsequent tenants at the same rate as the prior tenant, to the extent allowable by the Costa-Hawkins Rental Act.

6.40.140 - Reserved.

This section is reserved for development and adoption of provisions relating to implementation of a tenant habitability plan.

6.40.150 - Appeal.
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The owner of a residential rental dwelling unit or a party with a legal property interest in the dwelling unit may appeal to the City's code enforcement appeals hearing officers in the manner provided in the California Building Code for any decision by an inspector that the residential dwelling unit is in violation of habitability standards, except that all appeals must be submitted (1) in writing; and (2) provide a factual statement as to why the owner believes the inspector's determination of a violation is incorrect. The appeal must be filed within ten calendar days from the date of the decision. Failure to timely file submit a notice of appeal constitutes a waiver of the right to contest any such decision.

6.40.160 - Retaliatory eviction prohibited.

It is unlawful for an owner or landlord to recover possession of a residential rental dwelling unit or take any act against a tenant, including but not limited to, unlawful harassment in violation of Civil Code Section 1942.5 or Chapter 11.103 of this Code in retaliation against a tenant for exercising his or her rights pursuant to State or local law.

6.40.170 – Recovery of attorneys’ fees.

In any action, administrative proceeding, or special proceeding to abate a nuisance or a violation of this Code, the prevailing party may recover its reasonable attorneys' fees pursuant to Government Code Section 38773.5 unless the City elects at the outset of that action or proceeding not to seek or allow the recovery of attorneys' fees. An award of attorneys' fees to a prevailing party shall not exceed the amount of reasonable attorneys' fees incurred by the City in that action, administrative proceeding, or special proceeding. The procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the City by law or in equity, including, but not limited to, those provided in Chapter 1.14 of this Code.

6.40.180 - Delinquent fees; late fee penalties.

The registration/processing fee shall be collected by an invoice sent to each owner on a pre- determined schedule. Inspection fees shall be collected once every three years by an invoice sent to the owner. If an owner of a residential rental dwelling unit subject to inspection under this chapter fails to pay either fee within thirty (30) days of the date of the invoice, the owner shall be required to pay a penalty. The penalty shall be calculated as follows:

Failure to Pay Registration/Processing Fee
and/or Inspection Fee After Due Date Penalty
Penalty
31—60 days after due date 20% of the balance due
61—90 days after due date 40% of the balance due
91 days or more after due date 50% of the balance due

6.40.190 – Effective date.

This Ordinance shall become effective thirty (30) days following its adoption.

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6.40.200 - Review by City Council.

After this chapter has been in effect for one year, the City Council shall review the administration of this chapter in order to determine and assess whether it has achieved its stated purpose and intent. The Building Official shall refer this matter to the Council for its review within a reasonable time after the chapter has been in effect for one year and thereafter annually for the next four years.

SECTION 3: Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, the remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, paragraph, sentence, clause or phrase.

SECTION 4: CEQA.

The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) because the Ordinance does not qualify as a “project” under CEQA and because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines, section 15060, subd. (c)(2), (3).) Section 15378 of the State CEQA Guidelines defines a project as the whole of an action, which could potentially result in either a direct physical change, or reasonably foreseeable indirect physical change, in the environment. Here, the Ordinance will not result in any construction or development, and it will not have any effect that would physically change the environment. The Ordinance therefore does not qualify as a project subject to CEQA.

SECTION 5: Effective Date.

This Ordinance shall become effective thirty (30) days following its adoption.

-------------------------------------------------

First introduced at a regular meeting of the City Council of the City of Richmond held ________________ and finally passed and adopted at a regular meeting held _________________________by the following vote:

AYES:

NOES:

ABSTENTIONS:

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ABSENT:

__________________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)

Approved:

______________________
Mayor

Approved as to form:

______________________
City Attorney
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Chapter 6.40 – RESIDENTIAL RENTAL DWELLING UNIT INSPECTION AND,

MAITENANCE AND HABILITABILITY

6.40.010 - Purpose and intent.

The purpose of this chapter is to safeguard and preserve the housing stock of decent, safe and sanitary residential rental dwelling units within the City and to protect persons entering or residing in them by providing for a regular and comprehensive system of inspection of residential rental dwelling units and, through such inspections and/or owner certifications, identifying and requiring the correction of substandard conditions. Additionally, theCity Council finds that the safety of rental housing properties is increased through the participation of owners, tenants, the City, and the community.

The intent of this chapter is to proactively identify blighted and deteriorated rental housing stock and to ensurefacilitate the rehabilitation or elimination of rental housing that does not meet minimum building code and, housing code, and health and safety code habitability standards, exterior maintenance standards, and site maintenance standards, or is not safeunsafe to occupy. It is further intended to preserve and enhance the quality of life for residents of the City living in those residential rental dwelling units.

6.40.020 - Reserved.

6.40.030 - Definitions.

As used in this chapter:
"Building Official" means the person designated as the Building Official by the City Manager, or his or her designee.
"City" means the City of Richmond.
"Inspection fee" means the amount charged per unit to be inspected at the beginning of every three (3) year cycle.
"Local law enforcement or governmental entities" means any general law city, charter city, county, or city and county, or the respective departments thereof, in this State. “Inspector” means the Building Official, vested with the authority to enforce this Code or otherwise delegate the implementation, administration, and enforcement of the provisions of this Code to housing inspectors, building inspectors, technical officers and employees, or other designees, all which shall have the powers as delegated by the Building 176

Official.
"Nuisance" shall have the same meaning as set forth in California Civil Code Section 3479 and/or any condition as defined in Chapter 9.22 et seq., this Code, or any condition declared and deemed by the City Council to constitute a nuisance, or any violation of the Richmond Municipal Code.
"Owner" means the person or entity identified and listed as having title to the residential rental dwelling unit indicated by the latest property tax assessment roll maintained by the Contra Costa County Assessor and any authorized agent, trustee, or legal representative thereof. "Owners of three (3) or more residential rental dwelling units" [for the purpose of this chapter shall mean any person who owns three (3) or more rental dwelling units], even if they consist of single -family dwellings at different locations within the City or any combination of dwelling units that create an aggregate of three (3) or more residential rental dwelling units. "Person" means an individual, corporation, partnership, association, or other entity. "Property" means any real property interest or estate which may be granted or devised by deed. The term "property" shall also include: tracts, lots, easements or parcels of land, and any and all improvements thereon.
"Registration/processing fee" means the flat rate, based on the legal property owner, that is payable each and every year by property owners of three (3) or more residential rental properties within the City or payable on a pre-definedpredetermined schedule by property owners of less than three (3) or more residential rental properties within the City. . "Residential rental dwelling unit" means a residential dwelling unit, including single- family dwellings, or residential units within duplexes, triplexes or multi-family (4-units or more) residential buildings, which is not an owner occupied unit, including rooming houses, boarding houses and single room occupancies (as defined by this Code), but excluding: (1) mobile home parks; (2) any dwelling unit in a building that is properly registered as "vacant property" under Chapter 9.48 of this Code; (3) hotel and motels, bed-and-breakfasts, and similar temporary living accommodations; (4) any dwelling unit in a newly constructed building for which a certificate of occupancy was issued less than five (5) years prior, unless a complaint of substandard or illegal conditions has been received. ). "Substandard dwelling" means any condition which is defined as constituting a substandard building or dwelling as defined by California Health and Safety Code Section 17920.3 et seq. or as defined by the California Building Code. “Tenant” means a tenant, subtenant, lessee, sublessee, or any other person entitled under the terms of a rental housing agreement to the use or occupancy of any residential rental dwelling unit.
"This Code" means the Richmond Municipal Code.

6.40.030040 - Scope.
(a) The provisions of this chapter shall apply to all existing residential rental dwelling units located within the Richmond City limits including parking lots, 177

driveways, landscaping, accessory structures, and fences. (b) ProvisionsThe provisions of this chapter shall be supplementary and complementary to all of the provisions of this Code, State law, and any law cognizable at common law or equity, and nothing herein shall be construed, read, or interpreted in any manner so as to limit any existing right or power of the City of Richmond to abate and prosecute any and all nuisances or to enforce any other conditions in violation of State or local codes, including, but not limited to, any building, housing, property maintenance and public nuisance ordinances.

6.40.040050 - Exemptions.
(a) Mobile Home Parks. Mobile home parks shall be exempt from this chapter. (b) Vacant Properties. Any residential rental dwelling unit(s) in a building that is properly registered as "vacant property" under Chapter 6.38 of this Code shall be exempt from this chapter. As required by Chapter 6.38 of this Code, the owner shall provide the City written notice when the property is to become occupied. Upon the City’s receipt of written notice of upcoming occupancy, the inspector shall conduct an inspection of the property pursuant to the standards in this chapter before the property is occupied.
(c) Transient Lodging. Transient lodging as defined in section 15.04.104.020 of this Code shall be exempt from this chapter.
(d) Newly Constructed Buildings or Accessory Dwelling Units (ADUs). Newly constructed buildings or ADUs shall be exempt from this chapter for a period of five (5) years, unless a complaint of substandard or illegal conditions has been received. That five (5) year period begins to run on the date the certificate of occupancy for the dwelling was issued by the Building Regulations Division. (e) Units Occupied by Housing Choice Voucher (Section 8) Tenants. All residential rental dwelling units occupied by Housing Choice Voucher Tenants (Section 8) shall be exempt from this chapter provided that these residential rental dwelling units receive housing quality inspections by the administering agency and in accordance with the inspection schedule set by the administering agency. These units are subject to complaint based inspections as set forth in section 6.40.070(d) of this chapter.

6.40.060 - Inspections; compliance with applicable codes and standards. (a) Inspections. The Building Official, or his or her designee, hereinafter referred to as the "inspector,"inspector is authorized to inspect all residential rental dwelling units, both internally and externally, and their associated propertiesproperty to determine whether such propertiesresidential rental dwelling units comply with State law, applicable 178

provisions of the Municipalthis Code, and with all previous conditions of approval and agreements. Applicable provisions of the Municipalthis Code may come from and include, but are not limited to, the California Code of Regulations and California Model Codes (including the building, housing, fire, plumbing, mechanical, and electrical, and swimming pool, spa, and hot tub codes), Chapter 9.22 of this Code regulating public nuisance standards, and the standards set forth in this chapter. Interior areas of all residential rental dwellings units shall be determined by the inspector to be compliant with the regulations set forth herein including but not limited to: all bedrooms and living areas must be habitable, doors and locks must be installed and equipped with locking mechanisms, windows, window panes, and window screens must be in good condition with proper locking devices, there must be no visible mold, insects, rodents, or other pests, light switches must be functional, GFI’s must be properly installed and in working condition, all smoke detectors must be in working order and installed in all hallways and sleeping rooms, a carbon monoxide detector must be installed on each level within the residential rental unit, and all kitchen appliances must be in good working order.

After the effective date of this ordinance and before a second inspection cycle has been completed, the City shall have evaluated, assessed feasibility, and determined all requirements and procedures necessary to bring this residential rental inspection program in-house such that all inspections are conducted by City employees rather than third- party contactors. At this time, the City shall use the information gathered from the evaluation period and determine whether to implement the residential rental inspection program in-house, which may include a phase-out period where a portion of the inspections are still conducted by third-party contractors. Once the residential rental inspection program is conducted exclusively by City employees, this ordinance shall be amended accordingly.
(b) Compliance with Codes and Standards. When inspections are made under this chapter, the residential rental dwelling unitsunit(s) shall be required to be in conformance and maintained in accordance with the code standard that was in effect at the time the residential rental dwelling unit(s) was constructed, altered, remodeled, erected, or converted, except for any additional requirements mandated by this Code or State law.

(1) Buildings,Residential rental dwelling units and all portions thereof, shall have exterior walls that are weathertight and, watertight, and kept free of deterioration, holes, breaks, or loose boards or coverings. Roof structures shall be watertight and not have anysuch that there are no defects that will allow water to enter into the building; residential rental dwelling units; (2) The exterior finish of all buildingsresidential rental dwelling units shall be maintained. If the exterior finish of a buildingresidential rental dwelling unit is 179

paint or stain, the buildingresidential rental dwelling shall be repainted or re- stained prior to a time when the exterior finish has substantially deteriorated; (3) All architectural projections such as cornices, moldings, lintels, sills (and similar projections) shall be maintained in good repair and free of defects; (4) All chimneys, antennas, vents, guttergutters and downspouts, and similar projections or building accessories shall be maintained in a structurally sound condition and be in good repair. Such projections shall be properly secured, when applicable, to an exterior wall or roof;
(5) Windows and exterior glazing shall be soundly and adequately glazed, and free from loose and/or broken glass and cracks that could cause physical injury or allow the elements to enter the structure. Exterior doors shall be maintained in a weathertight, watertight and rodent-proof condition. Exterior doors of residential rental dwelling units shall be solid core or the equivalent and be provided with a deadbolt-locking device that tightly secures the door; (6) All residential rental dwelling units and exterior property shall be maintained free of rodent, insect or vermin infestation, which creates an unsafe or unsanitary environment on the subject or adjacent properties or buildings; (7) All accessory structures shall be maintained in a state of good repair or removed from the subject property. or residential rental dwelling unit(s). Such structures shall include, but not be limited to, clubhouses, offices, maintenance buildings, carports, retaining walls, fences, garages, swimming pools, spas, hot tubs and miscellaneous sheds;
(8) All parking areas servingon the property, if dedicated for use by the tenant(s) of the residential dwelling unit(s)), shall be kept free of potholes, cracks or other deterioration. No dirt, grass or sod parkingParking areas are permittedmust comply with City and State regulations. All striping and signage for multi-family (4 or more dwelling units) residential units, including parking signage and fire lane or access signage, shall be maintained in good condition and clearly legible; and,
(9) All landscaped areas serving the residential dwelling unit(s) shall be maintained so as not to constitute a public safety hazard and shall be maintained in compliance with Chapter 9.22 of this Code and free of public safety hazards. Landscape areas are defined as the general landscaping area, rights-of-way and detention or pond areas. Driveways, hardscape parking areas, patios or walks are not included as landscape areas.
(d) An inspector shall not opine on who is at fault (i.e. tenant, landlord, or property owner) for any substandard condition.

6.40.050 -070 – Registration, application and implementation. (a) It shall be the responsibility of all owners of residential rental dwelling units within the City to register such residential rental dwelling units with the Building Regulations Division and submit the registration/processing fee and the inspection fee. For owners of three (3) or more residential rental dwelling units within the City, who wish to participate in the self-certification program, there is an additional obligation to complete a self- 180

certification application and apply for the self-certification program. The registration/processing fee, inspection fee, and self-certification applicationPayment of the registration/processing fee and inspection fee shall take place within thirty (30) days of the date on which written notification is mailed to the owner of such residential rental dwelling unit(s) by the Building Regulations Division.
(b) If the owner of the residential rental dwellingsdwelling unit(s) fails to register or reregister such units in compliance with this chapter, the Building Officialinspector shall register or reregister said units in the name of the owner and set a date and time for initial cycle inspection of said units, and shall send written notification to the owner that the property hasresidential rental dwelling units have been so registered and advising of the date and time set for inspection, accompanied with a bill for the registration/processing fee and the total initial inspection fee for each unit, and include information on the self- certification program. .
(c) Frequency of Periodic Inspection Cycle. The owner shall permit an inspection of the required number ofall residential rental dwelling units once every three (3) years by the inspector, the number to be determined by whether owner self-certification is sought, or if the unit does not qualify for the self-certification program, or a complaint has been received, in order to determine whether any substandard condition existsconditions exist within such residential rental dwelling unit(s) or on the premises of the property.
(d) Initial implementation of (d) Complaint Based Inspections. Additional inspections of any residential rental dwelling unit inspections may be completed in stages over a three (3) year period. Inspection of residential rental dwelling units may may occur on a random basis and/or on a complaint basis, or if the inspector has reasonable cause to believe theany unit is substandard. The inspector may assess various factors to establish reasonable cause including but not limited to:
(1) Notwithstanding any provisionsThe extent and seriousness of this chapter, any structure and/or premise that does not fully comply with the provisions of the chapter shall be subject to inspection of all previous or current violations observed and any reasonably anticipated effect on the tenants; (2) The history of the residential rental dwelling units and requiredunit during the past three years, including whether the residential rental dwelling unit has been the subject of orders issued by other agencies concerning health and safety violations or involvement in nuisance abatement actions; (3) The age of the residential rental dwelling unit;
(4) The record in the past three years of the persons or entities who own, manage, or control the residential rental dwelling unit(s) with respect to health or safety violations at the premises or other properties and whether the violations have been subject to pay all applicableenforcement action;
(5) Whether the residential rental dwelling unit(s) have delinquent fees as set forth in the Master Fee Schedule Resolution.imposed under this chapter; (2) (6) Whether there are tax defaults on the residential rental dwelling unit(s); (7) If master-metered residential rental dwelling unit(s), whether there are any 181

delinquent utility bills in excess of two months; and,
(8) Any other criteria determined by the Buildings Regulations Division to be indicative of the existence of health or safety violations. (e) The existence of periodic inspections and availability of additional inspections shall not affect an inspector’s duty to respond to complaints concerning habitability of any residential rental dwelling unit. The City shall not charge any tenant for anany inspection based on a complaint of State Housing CodeLaw habitability violations made by the tenant or any other person.

6.40.060080 - Notification of inspection and procedures. (a) A notice of inspection shall be mailed to the owner of the property stating the date and time of the inspection shall be provided to the owner as well as to the address of the residential rental dwelling unit, which shall be sufficient to provide any tenants and occupants of the residential rental dwelling unit notice of the date and time of the inspection. The failure of either the owner or any tenants or occupants to receive notice does not affect the validity of the notice. (b) The notice of inspection shall provide a minimum of 1430 days' notice. It shall be the responsibility of the owner to provide actual notice to the individual tenants to facilitate access to the residential rental dwelling units to be inspected. (c) If an inspection is cancelledcanceled or rescheduled by the inspector, a notice shall be mailed to the owner as well as the address of the residential rental dwelling unit at least 3three days prior to the scheduledrescheduled inspection date stating the date and time of the new inspection.
(d) If an inspection is cancelledcanceled or rescheduled by the owner or the tenants of the property, the new inspection date must be within 14 days of the prior scheduled inspection date. originally scheduled inspection date. The inspection date and time may be rescheduled once per request by the owner or collective tenants of the residential rental dwelling unit. Any additional request to be rescheduled must be for good cause and approved by the inspector. (e) In the event an owner or tenant in possession of the propertya residential rental dwelling unit refuses to allow access to conduct the inspection, the City Attorney may use all legal remedies permitted by law per Sectionsection 6.40.110120 of this chapter, including issuance of a warrant to cause an inspection to take place, provided reasonable cause exists to believe that a violation of the Municipalthis Code or State law exists on the subject propertyresidential rental dwelling unit. Inspections for the purpose of this chapter are a "necessary service" and for which entry by the owner, upon proper notice, is allowed per Civil Code 1954.
(f) Upon arrival at a noticed inspection, it shall be the duty of the inspector to ensure that each individual attending the inspection identifies themselves by first and last name and provides their title to any tenants and occupants. A tenant or occupant may refuse entry to any individual who refuses to identify themselves. 182

6.40.070090 - Registration/processing fee.

This fee shall be known as the residential rental unit "registration/processing Feefee."

6.40.080100 - Inspection fee and compliance re-inspection fees.

Upon an initiala periodic or complaint based inspection, the inspector may require the owner of a residential rental dwelling unit to perform work, take action, or refrain from an action to ensure compliance with applicable codes. The initial periodic inspection fee includes the cost of the initial periodic inspection and the first (1st) compliance re-inspection and/or the below described affidavit in lieu of the first (1st) compliance re-inspection. In those cases where the inspector has determined (based on violations designated as minor on the inspection checklist) that the violations are of a minor nature, in lieu of the compliance re-inspection, the owner shall submit a sworn declaration attesting to the repair of all listed violations within the specific time frame provided in the notice. If the owner fails to correct the violations by the second (2nd) compliance re-inspection, or fails to submit a sworn declaration attesting to repair of the minor violations within the time provided, the owner shall pay a re-inspection fee for that second (2nd) compliance re-inspection and for each additional re-inspection thereafter, as set forth in the Master Fee Schedule. If the owner fails to pay the required fee, the City shall recover it, plus accrued interest and penalties, utilizing all remedies provided by law, including placing a special assessment lien against the propertyresidential rental dwelling units.

6.40.090 - Exemptions.
(a) Newly Constructed Buildings. Newly constructed buildings shall be exempt from this chapter for a period of five (5) years. That five (5) year period begins to run on the date the certificate of occupancy was issued by the Building Regulations Division.
(b) Subsidized Residential Rental Buildings. Those properties where the rents and tenant incomes on 100% of the units, excluding the on -site manager units, are restricted by Federal, State or local government programs for a period of not less than thirty (30) years, and the restricting agency inspects a minimum of thirty (30%) percent of the units at least annually, shall be exempt from this chapter. In the event the thirty (30%) percent requirement is preempted by State or Federal law, that requirement for exemption shall not apply.
(c) Self-Certification Program.
(1) Owners of three (3) or more residential rental dwelling units with well-maintained properties with no existing violations of the California Code of Regulations, including the California Building Code, Health and Safety Code Section 17920.3 et seq. (St ate Housing Code), Code for Abatement of Dangerous Buildings, California Plumbing, Electrical, Fire and Mechanical Codes or Richmond Municipal Codes, may qualify to participate in the Residential Rental Dwelling Unit Inspection and Maintenance Self-Certification Program ("self-certification program"). (2) For qualifying participants of the self -certification program, the number of inspections will be limited to twenty (20) percent of the total residential rental dwelling units owned within the City and no less than one (1) residential rental dwelling u nit including multiple single-family dwellings at separate locations. Such inspections are scheduled once every three (3) years provided that 183

the conditions do not deteriorate during that time to the extent that the properties would no longer meet the program eligibility standards. The owner shall conduct a self -inspection of each unit annually. The owner shall then complete, date and sign the s elf-certification checklist for each unit, and retain the completed checklist.
(3) In order to be eligible for the self -certification program, the owner must own three (3) or more residential rental dwelling units within the City and the owner (or his or her designee) shall conduct a self -inspection of all residential rental dwellin g units, including exterior conditions and site conditions, and: (1) certify that conditions at the property achieve the minimum standards listed on the self -certification program checklist; (2) complete the self -certification application and affidavit pac ket; (3) pay the total inspection fee (based on twenty (20) percent of the total residential rental dwelling units owned within the City) as set forth in the Master Fee Schedule; and; (4) pay the registration/processing fee as set forth in the Master Fee Schedule. (A) Upon receipt of the request to participate in the self -certification program and the payment of the self -certification application fee, the registration/processing fee and the twenty (20) percent of the total inspection fee, the City will inspect 20% of the total units. (B) The residential rental property owner, or his or her designee, is required to notify the individual tenants of any inspection and facilitate access to said units, including those that will be randomly selected for an inspection by the City of Richmond. (C) If the director of the department responsible for implementation and enforcement of this chapter ("director"), or his or her designee, determines that the residential rental property is qualified to participate in the self -certification program, the p roperty owner will not be required to pay the remaining 80% inspection fee for said unit. The property owner will thereafter be required to conduct an annual self-inspection and complete the re-certification application form for the next two (2) subsequent years. (D) Each residential rental property owner and/or property management company shall be required to maintain the annual signed and dated self-certification program checklist for each unit for a minimum of three (3) years, and provide said list within 24 ho urs upon request of any inspector, code compliance officer or other City official. Failure to maintain complete checklists shall result in disqualification from the self -certification program for all rental properties of that owner for a minimum of six years (2 complete inspection cycles). (4) If the director, or his or her designee, determines that the owner of any residential dwelling unit included in this chapter is not eligible to participate in the self -certification program, each residential rental dwelling unit shall be inspected and the property owner shall be assessed the full inspection fee in the amount set forth in the Master Fee Schedule for each unit. (5) Nothing in this chapter, including the above-listed exemptions, shall be construed or interpreted as limiting the City's authority to investigate and compel the abatement of any violation of the Richmond Municipal Code and/or the California Code of Regulations or other duly enacted law. (6) Any property that participates in the self-certification program may be removed from the program for three (3) years, at any time if that property fails to meet all of the interior and exterior standards designated on the self-certification checklist. Upon removal from the program, the full inspection fee shall be due and payable. The self -certification program checklist shall be created by the department responsible for the oversight, implementation and enforcement of this chapter as designated by the City Manager.

6.40.100110 - Violations.
(a) Notice of Violation.
(1) Content. Whenever it is determined by the Inspectorinspector that a violation of this chapter exists, the inspector shall issue a written notice of violation. The notice shall contain a description of the violation, the specific 184

action required to correct the violation and a demand that the violations be corrected within the specific time period listed in the notice. The notice shall contain the scheduled re-inspection date and time, or in the event the violations are minor as designated on the inspection checklist, the notice shall contain a date by which the owner must provide the inspector with a sworn declaration (attached to a copy of the checklist showing the violations), that each minor item has been repaired as directed. If an inspector orders a notice to vacate, certain imminently dangerous life-safety violations are observed, or if the tenant believes that the repairs affect habitability, the relocation procedures set forth in section

6.40.130 of this chapter apply.
(2) Time for Correction. The notice shall provide a reasonable time for correction, the time shall depend on the inspector'sinspector’s opinion of the time it would take a reasonably diligent person to complete the required action, the potential harm to the public welfare, health and safety, the harm to the tenant or nearby properties and the extent of the corrections required. The inspector may grant a one-time extension of the initial time to abate the violations upon written request of the owner, if (1) substantial work has been satisfactorily completed (at least 85% of the violations identified in the notice of violation); and (2) the violation is not a life safety issue. In no event shall the initial time to correct exceed one hundred twenty (120) days, nor shall any extension of time exceed sixty (60) days. Certain imminently dangerous life-safety violations may require immediate correction and are not subject to an extension of time to correct and are subject to the relocation requirements of Sectionsection 6.40.170130 of this chapter.
(3) Service of Notice on Owner. The notice of violation may be served personally on the owner, or, if the owner is not present, a copy of the notice may be posted on the property and/or by deposit in the United States mail, in a sealed
envelope, postage prepaid, addressed to such person to be notified at his last known business or residence address as the same appears in the public records of the City or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office.

It is unlawful and a misdemeanor for any person to remove, deface or cause the removal or defacing of any notice of violation posted on premises pursuant to this chapter. The owner’s failure to receive the notice does not take away from the validity of the notice.
(4) (4) Service of Notice on Tenants and Occupants. Any notice of violation shall also be mailed via United States mail, postage prepaid, to the residential rental dwelling unit address subject to the violations contained in the notice of violation. The notice shall contain a cover page, which states in bold text the following information:

notice or order from the City of Richmond. If you believe that the conditions cited in the notice substantially affect the habitability of your residential rental dwelling unit, you may be entitled to a rent reduction or relocation benefits as specified in the Richmond Municipal Code. Upon receipt of an eviction notice or order, belief that you are entitled to a rent reduction, or have any other questions concerning your rights as a tenant, please contact Richmond’s Rent Program at: 510-234-RENT or,
http://www.ci.richmond.ca.us/3364/Richmond-Rent-Program. (5) Compliance Re-inspections. Compliance re-inspections shall be conducted to verify that the violations identified onin the notice of violation have been abated, unless the violations are minor in nature (as designated by an asterisk on the inspection checklist), and the owner has submitted a sworn declaration of repair.

Violations that were not noted on the initial notice of violation, but are discovered during any re-inspection due to subsequent activities, damage or deterioration, shall be subject to correction.

6.40.110120 - Enforcement; penalties.

If, after a notice of violation has been issued, the owner fails to abate the violations, the City may proceed with all remedies available under the Municipalthis Code to compel compliance, including, but not limited to, issuing administrative citations, abatement proceedings, civil action, civil injunction and/or criminal prosecution, or any combination of remedies.

6.40.120130 - Relocation of tenant.

11.102 of this Code. All procedures, evaluations, and decisions relating to relocation shall be exclusively handled pursuant to Chapters 11.100 and 11.102.

6.40.130140 - Reserved.
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This section is reserved for development and adoption of provisions relating to implementation of a tenant habitability plan.

6.40.150 - Appeal.

6.40.140160 - Retaliatory eviction prohibited.

It is unlawful for aan owner or landlord to recover possession of a residential rental dwelling unit or take any act against a tenant, including but not limited to, unlawful harassment in violation of Civil Code Section 1942.5 or Chapter 11.103 of this Code in retaliation against a tenant for exercising his or her rights pursuant to State or local law.

6.40.150 -170 – Recovery of attorneys'attorneys’ fees.

In any action, administrative proceeding, or special proceeding to abate a nuisance or a violation of this Code, the prevailing party may recover its reasonable attorneys' fees pursuant to Government Code sectionSection 38773.5 unless the City elects at the outset of that action or proceeding not to seek or allow the recovery of attorneys' fees. An award of attorneys' fees to a prevailing party shall not exceed the amount of reasonable attorneys' fees incurred by the City in that action, administrative proceeding, or special proceeding. The procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the City by law or in equity, including, but not limited to, those provided in Chapter 1.14 of this Code.

6.40.160180 - Delinquent fees; late fee penalties.

The registration/processing fee shall be collected by an invoice sent to each residential rental property owner on a pre-determined schedule. Inspection fees shall be collected once every three (3) years by an invoice sent to the residential rental property owner. If an owner of a residential rental propertydwelling unit subject to inspection under this chapter fails to pay either fee within thirty (30) days of the date of the invoice, the owner shall be required to pay a penalty. The penalty shall be calculated as follows:
(Failure to Pay Registration/Processing Fee
and/or Inspection Fee After Due Date Penalty
Penalty
31—60 days after due date 20% of the balance due
61—90 days after due date 40% of the balance due
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91 days or more after due date 50% of the balance due

6.40.170190 – Effective date.

This Ordinance shall become effective thirty (30) days following its adoption.

6.40.200 - Review by City Council.

After this chapter has been in effect for one (1) year, the City Council shall review the administration of this chapter in order to determine and assess whether it has achieved its stated purpose and intent. The Building Official shall refer this matter to the Council for its review within a reasonable time after the chapter has been in effect for one (1) year and thereafter annually for the next four (4) years.

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January 7, 2025

Economic Development

DATE: January 7, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Nannette Beacham, Director of Economic Development Lizeht Zepeda, Senior Business Assistance Officer
Kyle Lam, Management Analyst
Subject: Contract with Renaissance Entrepreneurship Center to Administer the Small Business Building Beautification
Pilot Program.

FINANCIAL IMPACT: The proposed $340,000 expenditure is included within Economic Development’s approved fiscal year 2024 –
2025 budget (Account String – 01361165 – 400201–
16G23)

PREVIOUS COUNCIL
ACTION:

June 21, 2022

STATEMENT OF THE
ISSUE:

The Economic Development Department is seeking
approval of the contract with Renaissance
Entrepreneurship Center to provide technical assistance and administration of the Small Business Building
Beautification Pilot Program.

RECOMMENDED ACTION: APPROVE a contract with Renaissance Entrepreneurship Center for small business assistance in an amount not to exceed $340,000, with a term
beginning on January 7, 2025, and ending on December
31, 2026 – Economic Development Department
(Nannette Beacham 510-621-1306/Lizeht Zepeda 510-
620-6653/Kyle Lam 510-620-6802).

AGENDA
REPORT
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January 7, 2025
DISCUSSION:

Background

On October 27, 2022, the California Strategic Growth Council awarded the City of Richmond a $35 million Transformative Climate Communities (TCC) Round 4 Implementation Grant, launching the Richmond Rising initiative. This community-led effort focuses on improving the City’s environmental, economic, and social conditions, with an emphasis on the Iron Triangle, Santa Fe, and Coronado neighborhoods (Richmond Rising area).

A core element of the Richmond Rising initiative is the Displacement Avoidance Plan, which integrates policies and programs designed to prevent displacement by fostering opportunities for residents and businesses to thrive within these communities to ensure long-term residency and business presence in the area. A key element of this plan is the Small Business Building Beautification Program, a strategic effort focused on supporting small businesses in making improvements to their commercial properties, fostering enhanced community pride, economic resilience, and improved marketability of properties and businesses within Richmond.

Request for Qualifications (RFQ)

On August 14, 2024, the City of Richmond released an RFQ to solicit proposals from qualified providers to administer the Small Business Building Beautification Program.

This program seeks to support small businesses by encouraging and facilitating enhancements to commercial building facades and interior spaces. The City has identified that such improvements can substantially impact the aesthetics, sense of community pride, economic vitality, and marketability of Richmond’s commercial properties. Proposals in response to the RFQ were initially due on September 4, 2024, but due to receiving no submissions by the initial deadline, the RFQ was reissued on September 26, 2024, with a revised due date of October 10, 2024, ultimately yielding two proposals.

The RFQ outlined specific goals, including building the capacity of small businesses in the community, particularly those disproportionately impacted by the pandemic, to improve the physical appearance of their properties. Recognizing the diversity within the community, the RFQ also stipulated those services be provided in multiple languages as needed, ensuring accessibility for all business owners.

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January 7, 2025
The following key activities were sought through the RFQ, and applicants were permitted to specialize in one or more of these areas:
 Building Beautification Program Administration
o Management of grant and reimbursement processes
o Information reporting and documentation
o Intake, verification, and processing of applications

Selection Process and Evaluation Criteria
The City received two proposals from qualified service providers in response to the reissued RFQ. An evaluation committee, consisting of City staff from Economic Development and Finance, was assembled to review each proposal. Using a point- based system, the committee assessed each submission against the specified evaluation criteria, which included:

Evaluation Criteria
Proposal reflects understanding of the City’s goals and objectives; proposal is complete in its responses to all RFQ elements
30%
Proposed Program Model 25%
Relevant and demonstrated qualifications and experience 30% Cost of proposed services 15%

Following the evaluation process, the committee identified the Renaissance Entrepreneurship Center as the top-ranked applicant based on their comprehensive understanding of the City’s objectives, the completeness of their responses, the depth of their proposed program model, and their extensive qualifications.

Renaissance Entrepreneurship Center

Founded in San Francisco in 1985, Renaissance Entrepreneurship Center (Renaissance) has been a vital part of Richmond’s small business community since 2008, initially providing business training and consulting services at the Richmond Public Library. Renaissance deepened its local presence in 2014 by establishing its Richmond Center in the Iron Triangle, eventually moving operations to CoBiz, the City’s first coworking space, in 2023. This history reflects Renaissance’s strong commitment to supporting Richmond’s small businesses and its deep understanding of the challenges and needs within the local community.

Renaissance collaborates with a broad network of partners, including the Small Business Administration, East Bay Small Business Development Center, the Richmond Chamber of Commerce, and various local nonprofits, to deliver services tailored to 191

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January 7, 2025
Richmond’s diverse business community. Notably, partnerships with organizations like CoBiz and The Latina Center enhance Renaissance's ability to provide holistic, bilingual support to local entrepreneurs, equipping them with resources to access capital, develop skills, and implement sustainable business practices.

Recommendation and Next Steps

City staff is requesting approval for a contract with Renaissance Entrepreneurship Center for technical assistance and grant administration, with a total contract amount not to exceed $340,000, with a term from January 7, 2025, through December 31, 2026.

Renaissance will receive $40,000 of the total contract amount to implement the Small Business Building Beautification Pilot Program (Program), by working in partnership with the City of Richmond and conducting outreach, engaging and working with business owners, implementing the application and review process, distributing grants, and conducting follow-up and reporting. The Program will specifically focus on the Richmond Rising area, where economic support and business stability are critical to revitalization efforts. During the contract period and with the remaining $300,000, Renaissance aims to assist approximately 20 small businesses in the Richmond Rising neighborhoods, disbursing grants of up to $15,000 each to support property improvements and community-oriented enhancements.

Renaissance has demonstrated an exceptional ability to fulfill the project and goals of supporting small businesses in the City of Richmond. Following City Council approval, City staff will finalize the contract with Renaissance and begin the development and implementation of the Small Business Building Pilot Program and disbursements for small businesses. City staff will coordinate to ensure a smooth initiation of the work outlined in their proposals, including setting timelines, establishing points of contact, and detailing deliverables. Regular progress meetings will be scheduled to monitor the advancement of each project and to address any issues promptly.

POLICY SYNERGIES:

The Richmond Business Recovery Action Plan, Action 3B, recommends the City to provide support to ensure that small businesses are able to find, afford, and improve brick-and-mortar space.

DOCUMENTS ATTACHED:

Attachment 1 – Renaissance Entrepreneurship Center Contract Attachment 2 – Request for Qualification Posted Online (RFQ) Attachment 3 – Scoring Matrix
192

CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

City Project Manager E-mail: City Project Manager Phone No:

Vendor No: 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, a municipal corporation (“the City”), and the following named Contractor:

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No:
☐ 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 terminates _________________ unless terminated earlier as set forth herein.

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $______________ (“Contract Payment Limit”) unless a Contract Amendment has been approved by the City Council or City Manager. If this amount includes a contingency, Contractor acknowledges that any use of such contingency shall be for work beyond the original scope of services and requires prior written authorization by the City. If noted below, Compensation for work done under this Contract, shall not exceed as follows:

FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________

4. Contractor’s Obligations. Contractor agrees to perform all work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordance with the Service Plan set forth in Exhibit A, attached hereto and incorporated herein.

5. City Obligations. City shall make payments to the Contractor in accordance with the Payment Provisions set forth in Exhibit B, attached hereto and incorporated herein.193

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

7. General Conditions. This Contract is subject to the General Conditions (Exhibit D), which are attached hereto and incorporated herein.

8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any), which are attached hereto and incorporated herein.

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

10. Sanctuary City Compliance Statement. This Contract is subject to the Sanctuary City Compliance Statement (Exhibit G), which is attached hereto and incorporated herein.

11. Signatures. These signatures attest the parties' agreement hereto:

CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board, President, or Vice President should sign below)

By: _________________________ By: ___________________________ Title: ________________________ Title: __________________________ Date Signed: _________________ Date Signed: ___________________

I hereby certify that this Contract (* The Corporation Chief Financial Officer or Assistant has been approved by City Council Treasurer, or Secretary or Assistant Secretary should or the City Manager. sign below)

By: _________________________ By: ___________________________ City Clerk Title: __________________________
Date Signed: ____________________
Approved as to form:
(NOTE: Pursuant to California Corporations Code Section By: _________________________ 313, if Contractor is a corporation or nonprofit organization, City Attorney this Contract (1) must be signed by (a) the Chairperson of the Board, President, or Vice-President and (b) the
Chief Financial Officer or Assistant Treasurer, or
Secretary or Assistant Secretary)

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
Sanctuary City Compliance Statement Exhibit G

194
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT A

SERVICE PLAN

Contractor shall, to the satisfaction of the Project Manager ( set forth in Exhibit B) , perform the following services and be compensated as outlined below [or attach service plan if necessary]:

195
Proposed Activities
Renaissance proposes to implement the Small Business Building Beautification Pilot Program, by working in partnership with the City of Richmond and conducting outreach, engaging and working with business owners, implementing the application and review process, distributing grants, and conducting follow up and reporting. We will deliver the following services to support disproportionately impacted small businesses and enhance the appearance of properties through building improvements:
● Outreach and Engagement: Renaissance will utilize our extensive network of local partners, such as CoBiz, Richmond Main Street Initiative, the Latina Center and our client base, to conduct outreach to all eligible businesses. We will prioritize outreach to Richmond’s most underserved business owners, including lower-income, minority, and immigrant communities, ensuring equity in program access. We welcome the opportunity to partner with the City of Richmond to send targeted emails to existing businesses introducing this program and Renaissance’s support.

● Application Process: Renaissance will work with City staff to confirm business eligibility requirements, create an application, engage with businesses to clarify their proposed projects and ensure a smooth application process.

● Selection: Renaissance will collaborate with City staff to support eligible businesses that are approved. We will also work directly with businesses to help them secure appropriate contractors and undertake facade improvement activities.

● Facade Improvement: Improvement projects may include painting, signage, power washing, and other repairs, with a focus on beautifying Richmond’s commercial corridors and increasing economic vitality.

● Grants Distribution: Renaissance will implement a grant disbursement process in accordance with program guidelines that ensures transparency, accountability, and efficient allocation of funds.

● Outcomes Tracking and Results: Renaissance will monitor the success of the program through detailed outcome tracking and reporting, ensuring compliance with the program’s goals and benchmarks. Outcomes include the completion of 20 facade improvement projects by December 2026, with direct benefits to impacted business owners in terms of increased foot traffic, improved marketability, and enhanced community pride.

196
Intended Outcomes
Renaissance will achieve the following outcomes through our programs and services:

2025 2026 TOTAL
Total # of Grants 10 10 20
Total Dollar Amount of Loans/Grants $150,000 $150,000 $300,000

During Renaissance’s intake stage, Renaissance will collect business information. This information will be input into VistaShare, Renaissance’s database that securely manages client data, client activities and reporting.

The proposed budget is $340,000 for the 26-month period, and includes:
● $300,000 for façade improvement grants, providing up to $15,000 for each of the 20 businesses.
● $40,000 for administrative costs, which will cover program management, reporting, and outreach efforts.

A budget spreadsheet is provided below and attached, detailing the allocation of resources for both grant distribution and administrative costs.

Nov - Dec 2024 Jan - Dec 2025 Jan - Dec 2026 TOTAL
Grants to Entrepreneurs $0 $150,000 $150,000 $300,000
Total Direct Costs $0 $150,000 $150,000 $300,000

Indirect Costs $4,000 $20,000 $16,000 $40,000
Total Proposed Budget $4,000 $170,000 $166,000 $340,000

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Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT B

PAYMENT PROVISIONS

1. COMPENSATION TO CONTRACTOR:

a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.

b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photocopying, 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.

c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.

2. SUBMISSION OF INVOICES:

Contractor shall submit timely invoices by email to
[email protected] and/or to the following address:

Attention: City of Richmond Finance/Account Payable
Project Manager: _______________________
P.O. Box 4046
Richmond, CA 94804

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

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

b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.

4. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized.
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EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.

2. Each notice shall be deemed to have been received on the earlier to occur of:
actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).

3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.

4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Email: ________________________________________________

5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:

Attn:

Email: ________________________________________________ 199
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EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

Contractor hereby declares that Contractor is engaged as an independent business and Contractor agrees to perform the services as an independent contractor.

The manner and means of conducting the services and tasks are under the control of Contractor except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment will be acquired by virtue of Contractor’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any compensation due to Contractor. Payments of the above items, if required, are the responsibility of Contractor.

2. TIME IS OF THE ESSENCE:

Contractor and the City agree that time is of the essence regarding the performance of this Contract.

3. STANDARD OF CARE:

Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service Contractors, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

Contractor assumes all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.

5. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, 200
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disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic, or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City.

b. 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 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee.

d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.

7. RECORDS:

a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”).

b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment.

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c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

8. PERMITS AND LICENSES:

Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license, required in connection with the performance of the services and tasks hereunder.

The failure to obtain such permits and licenses 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.

9. TERMINATION:

a. Termination Without Default. Notwithstanding any provision herein to the contrary, the 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 transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.

b. 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 Exhibit B; 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.

10. 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 202
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this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

11. HOLD HARMLESS:

a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract.

b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:

a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 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.

b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer.

The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for 203
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money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.

c. 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.

d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add sub- contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.

e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.

f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”

g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.

13. SAFETY:

a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract.

Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable 204
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federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.

b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.

c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.

Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.

14. 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.

15. COMPLIANCE WITH ALL APPLICABLE LAWS:

a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. 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.

b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. 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 as prescribed in § 2.60.070 of the Municipal Code.
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c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or 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 sub-contractor.

d. 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.

16. INTEGRATED CONTRACT:

The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.

17. 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 Condition 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.

18. 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.

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of 206
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California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.

20. 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.

21. INTERPRETATION:

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

22. WARRANTY:

If any product is 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.

23. 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 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.

24. 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 they are duly authorized to enter into and execute this Contract on behalf of Contractor, 207
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and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. 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 payment 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.

26. COUNTERPARTS:

This Contract may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

27. 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. 208
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EXHIBIT E

SPECIAL CONDITIONS

The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):

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EXHIBIT F

INSURANCE PROVISIONS
☐ CHECK HERE IF RISK MANAGEMENT HAS APPROVED WAIVING INSURANCE REQUIREMENTS FOR THIS CONTRACT.

1. CERTIFICATES: Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with coverage requirements set forth by the City and incorporated herein.

Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond.

Attention: Risk Manager.”
Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address set forth in Exhibit C prior to the expiration of the existing insurance certificate for the duration of the term of Contract.

Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.

2. COVERAGE REQUIREMENTS: The City’s insurance requirements depend upon the type of service being provided and/or the provider. The City’s insurance requirements will fall into one of the following categories (unless otherwise provided by the City):

Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
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The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.
ϯ͘ FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
ϰ͘ SUFFICIENCY OF INSURANCE: The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater.

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
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In all instances where CONTRACTOR or its representatives will be conducting business and/or providing services to the City of Richmond (City), or will be awarded City of Richmond (City) funds to provide programs or services, the City requires the following MINIMUM insurance requirements and limits.

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

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

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

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

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

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

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

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001)

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

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

4. Workers’ Compensation insurance as required by the State of California including Employer’s Liability (for CONTRACTOR’s with employees);

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

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

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

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

General Liability
(primary and excess limits
combined)
$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).

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
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Automobile Liability (If auto is
used.)
$1,000,000 per occurrence for bodily injury and property damage.

Fidelity Bond/Crime Coverage
(Applies if receiving City
funds.)
In an amount stipulated by City depending upon the scope of Contract. (Usually based upon the amount of money the Contractor is handling that could be embezzled over a period of time.)

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability Coverage.

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

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

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

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

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

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

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

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

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

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

213
___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations

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

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

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

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

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

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

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

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

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

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

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

214
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT G

SANCTUARY CITY COMPLIANCE STATEMENT

The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”).

Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:

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

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

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

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

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

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

By 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.

Printed Name: Title:

Signed: Date:

Business Entity:
215

REQUEST FOR QUALIFICATIONS (RFQ)
Small Business Building Beautification Pilot Program

Economic Development Department
City of Richmond
1322 Canal Boulevard
Richmond, CA 94804

RELEASE DATE: September 26, 2024
DUE DATE: October 10, 2024, at 3:00PM

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
www.ci.richmond.ca.us/bids

216
Request For Proposal
City of Richmond – Assistance to Small Businesses Impacted by COVID-19

Page 2 of 16 ends

Richmond City CouncilJanuary 7, 2025

Richmond City Council
January 7, 2025