Cities Index.
Agenda

Richmond City Council
August 19, 2025

Document
Agenda
Meeting
August 19, 2025
Body
Richmond City Council
Pages
159
Original file
273.8 MB
Text extracted from the city's file for reading and search. Open the original on pub-richmond.escribemeetings.com. That file is the official record.

Certification A: Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions

1. The prospective primary participant certifies to the best of its knowledge and belief that its principals; a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal debarment or agency;
b. Have not within a three-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/ proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Instructions for Certification (A)

1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency’s determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was place when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default.

4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549.

You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of these regulations.

6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.

A participant may decide the method and frequency by which it determines this eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph (6) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default.

Certification Regarding
Debarment and Suspension
U.S. Department of Housing
and Urban Development
190

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Certification B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Instructions for Certification (B)

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into.

If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of these regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.

A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph (5) of these instructions, if a participant in a lower covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies including suspension and/or debarment.

Applicant Date
Signature of Authorized Certifying Official Title
191
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

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

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

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

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

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

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

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

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

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
192
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

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

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

Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. 193
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
194

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August 19, 2025
Mayor's Office
DATE: August 19, 2025
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Proclamation Welcoming the Visit of the Golden Rule Peace Boat to the City of Richmond
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Presentation of a proclamation welcoming the Golden
Rule Peace Boat to Richmond on August 19, 2025, in
recognition of its historic role in promoting nuclear
disarmament and its continued mission to advance
peace, environmental stewardship, and social justice.

RECOMMENDED ACTION: PROCLAMATION Welcoming the Visit of the Golden Rule Peace Boat to the City of Richmond - Mayor
Eduardo Martinez (510-620-6503)
DISCUSSION:

The Golden Rule Peace Boat has a storied history as both a vessel and a symbol of nonviolent activism. First launched in 1958 by four Quaker activists in an effort to halt nuclear bomb testing in the Pacific, its journey helped spark global protests and contributed to the eventual signing of the Limited Nuclear Test Ban Treaty in 1963. After sinking in 2010, the Golden Rule was salvaged and restored through the dedication of veterans, Quakers, and volunteers, returning to the water in 2015 under the stewardship of Veterans for Peace.

Today, the Golden Rule continues its mission to promote nuclear disarmament, raise awareness of the interconnected impacts of militarism, environmental harm, and social injustice, and advocate for global peace. Its upcoming visit to Richmond, from August AGENDA
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August 19, 2025
19 to August 22, 2025, will include community outreach and educational events supporting the United Nations Treaty on the Prohibition of Nuclear Weapons.

The City of Richmond, a member of Mayors for Peace since 2007, has long upheld values of peace, environmental stewardship, and social justice. Welcoming the Golden Rule Peace Boat aligns with the City’s ongoing commitment to advancing these principles locally and globally.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation Welcoming the Visit of the Golden Rule Peace Boat to the City of Richmond
196
Mayor Eduardo Martinez
City of Richmond
August 19, 2025
Welcoming the Visit of the
Golden RulePeace Boat
City of Richmond, CA
WHEREAS, in February 1958, four Quaker activists courageously sailed the Golden Rule from California toward the Marshall Islands in a direct, nonviolent effort to halt nuclear bomb testing in the Pacific. Their arrest sparked global protests and contributed to President John F. Kennedy’s signing of the Limited Nuclear Test Ban Treaty in 1963; and
WHEREAS, following its sinking during a storm in Humboldt Bay in 2010, the Golden Rule was salvaged and lovingly restored through the efforts of veterans, Quakers, and boat enthusiasts. It was relaunched in 2015 as a national initiative of Veterans for Peace; and
WHEREAS, despite decades of disarmament efforts, approximately 12,000 nuclear warheads remain, predominantly under the control of the United States and Russia. The United States has suspended compliance with key arms control agreements such as the Intermediate-Range Nuclear Forces Treaty and plans to invest nearly $2 trillion to modernize its nuclear arsenal; and
WHEREAS, the Golden Rule Peace Boat continues to champion nuclear disarmament while shining a light on the deep interconnections between militarism, environmental degradation, and social injustice; and
WHEREAS, the Golden Rule will dock in Richmond, California, from August 19 to August 22, 2025, as part of its mission to promote the United Nations Treaty on the Prohibition of Nuclear Weapons, raise awareness about the environmental and human toll of nuclear and military operations, and support global efforts to prevent nuclear conflict; and
WHEREAS, the City of Richmond joined the international campaign for nuclear abolition by becoming a member of Mayors for Peace in October 2007; and WHEREAS, Richmond has consistently advocated for peace and called for an end to war, nuclear proliferation, and violence in all its forms; NOW, THEREFORE, I, Eduardo Martinez, Mayor of the City of Richmond, on behalf of the Richmond City Council, do hereby welcome the Golden Rule Peace Boat to the City of Richmond and extend our deepest respect and warmest wishes for a successful and impactful journey.
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August 19, 2025
Mayor's Office
DATE: August 19, 2025
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Proclamation Commemorating the Service of Stewart Winchester on the Richmond Urban Forest Advisory
Committee
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Presentation of a proclamation recognizing and
commending Stewart Winchester for his nine years of
service on the Richmond Urban Forest Advisory
Committee and his many contributions to improving and
expanding Richmond’s urban forest.

RECOMMENDED ACTION: PROCLAMATION Commemorating the Service of Stewart Winchester on the Richmond Urban Forest
Advisory Committee - Mayor Eduardo Martinez (510-620-
6503) and Councilmember Doria Robinson (510-620-
6568)
DISCUSSION:

Stewart Winchester has been a dedicated volunteer in Richmond since 2016, sharing his deep knowledge of trees and horticulture to enhance the city’s urban forest. Serving on the Richmond Urban Forest Advisory Committee for nine years, he has played an instrumental role in tree planting, care, and education—efforts that have improved air quality, provided cooling shade, and strengthened the city’s environmental resilience.

A horticulture instructor for over 40 years at Merritt College and Diablo Valley College, Winchester has inspired countless individuals to become active stewards of the environment. His hands-on work with local nonprofit organizations, including training on AGENDA
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August 19, 2025
best practices for planting, pruning, and species selection, has left a lasting impact on both community members and the health of Richmond’s trees.

Winchester’s service exemplifies the spirit of civic engagement, combining expertise, generosity, and a deep commitment to Richmond’s neighborhoods. This proclamation honors his legacy in helping to grow a stronger, greener Richmond.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation Commemorating the Service of Stewart Winchester on the Richmond Urban Forest Advisory Committee
199
Mayor Eduardo Martinez
City of Richmond
August 19, 2025
Commemorating the Service of
Mr. Stewart Winchester
on the Richmond Urban Forest Advisory Committee
WHEREAS, Mr. Stewart Winchester has been a dedicated and valued volunteer in our community since 2016, contributing his knowledge of trees and horticulture to improve Richmond’s urban forest; and
WHEREAS, Mr. Stewart Winchester served as a member of the Richmond Urban Forest Advisory Committee for nine years; and
WHEREAS, Mr. Stewart Winchester’s contributions to expanding the urban forest have enriched the lives of Richmond residents—providing cleaner air, restorative beauty, cooling shade, and environmental resilience; and WHEREAS, Mr. Stewart Winchester shared his expertise as an instructor of horticulture at Merritt College and Diablo Valley College for over 40 years. He is, first and foremost, a teacher. The depth of knowledge he brought to volunteer tree planting and tree care activities inspired people of all ages to become thoughtful stewards of the urban forest; and
WHEREAS, Mr. Stewart Winchester’s deep understanding of tree species, planting, care, and long-term maintenance has contributed significantly to the successful greening of Richmond over many years; and
WHEREAS, Mr. Stewart Winchester generously donated his time to train local nonprofit organizations on best practices for planting, pruning, and selecting trees, including hands-on work with nurseries to ensure healthy, site-appropriate choices; and WHEREAS, Mr. Stewart Winchester’s volunteerism exemplifies the power of community wisdom and generosity, invested in the well-being and vitality of Richmond’s neighborhoods;
NOW, THEREFORE, I, Eduardo Martinez, Mayor of the City of Richmond, on behalf of the Richmond City Council, do hereby recognize and commend Mr. Stewart Winchester for his exceptional service on the Urban Forest Advisory Committee. His dedication, expertise, and tireless volunteerism have left a lasting legacy and helped grow a stronger, greener Richmond.

Councilmember Doria Robinson
City of Richmond
August 19, 2025
200
01337.0010 2012738.2 Page 1 of 9
(August 19, 2025)
DATE: August 19, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Dave Aleshire, City Attorney
Floy Andrews, Counsel for CPRC
Subject: Amendments to Richmond Municipal Code Chapter 3.54 to add training component
FINANCIAL IMPACT: Training for Commissioners will be funded from the CPRC’s budget and will cost approximately $15,000 per
year, until a permanent investigator is hired. Thereafter the permanent investigator will provide training. Account string 01121011-400201

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Richmond’s Community Police Review Commission is an
independent civilian oversight body focused on the
Richmond Police Department. Proper training is essential to ensure all Commissioners have the necessary
knowledge to make well-informed, fair, equitable, and
unbiased decisions when reviewing complaints from
members of the community or police officer actions.

Requiring robust training will foster trust within the
community and the Richmond Police Department.

RECOMMENDED ACTION: ADOPT an ordinance (second reading) amending Richmond Municipal Code Chapter 3.54 entitled
“Community Police Review Commission” by adding
Section 3.54.110 to establish a training program for
commissioners of the Community Police Review
Commission – City Attorney’s Office (Dave Aleshire 510- 620-6509). This item was continued from the July 1,
2025, meeting.

DISCUSSION:

AGENDA
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01337.0010 2012738.2 Page 2 of 9
(August 19, 2025)
The Richmond Community Police Review Commission (“CPRC”) was established in 1984, then known simply as the Police Review Commission. Its purpose was, and still is, “to advise the City Council, City Manager and Chief of Police on all matters pertaining to the administration of the Richmond Police Department.” In 1985 the City amended its Municipal Code to appoint a Police Commission Investigator to “conduct investigations for citizen complaints alleging misconduct by Richmond Police Officers.”1 The Richmond CPRC has now been conducting investigations of citizen complaints for over 40 years.

After first discussing Commissioner training in the fall of 2024, CPRC Commissioners expended substantial time researching the practices of other police oversight entities, both in the Bay Area region and throughout the state to understand how other jurisdictions exercise civilian oversight of their local policing agencies. That effort revealed that many agencies require newly appointed Commissioners to participate in essential training upon joining the Commission, and that some require annual refresher training for sitting Commissioners to ensure effective police oversight. To ensure the CPRC has the capacity to do so, the body must be equipped with the tools to conduct thorough and impartial reviews of policing activity in the City and a fundamental knowledge of applicable standards. Training on matters such as: appropriate investigative review procedures; fundamentals of evidence and due process; recognizing bias and implicit bias; Constitutional Rights and Civil Liberties; deescalation tactics, the Public Safety Officer Procedural Bill of Rights, and Richmond Police Department’s policies, practices and procedures, and the history of the CPRC and civilian oversight, generally, is essential.

The CPRC unanimously voted in April of this year to request that the City Council amend the Commission’s enabling ordinance, Chapter 3.54 of the Richmond Municipal Code, to require that newly appointed Commissioners receive essential training within their first six months’ of appointment, and that sitting Commissioners receive annual refresher trainings, and other specialized trainings as needed.

National Association for Civilian Oversight of Law Enforcement The National Association for Civilian Oversight of Law Enforcement (“NACOLE”) was established in 1995. It is a national organization “dedicated to promoting greater accountability through the establishment or improvement of citizen oversight agencies.”

1 This past November former Richmond Councilmember, James McMillan, was laid to rest. He served on the City Council for over a decade from 1983 through 1995. As a Richmond Councilmember, he played a crucial role is establishing the Police Commission, and led efforts in department-wide reform. He was known for “combating racism and police misconduct.”
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(August 19, 2025)
Training is a core component of its expertise and offerings, especially for new members. “Providing new members with the information they need to perform effectively is a critical step in the development of a strong board or commission.”2 NACOLE advises that new commissioners receive training on the following topics:
- civilian oversight including an historical account of the establishment of their oversight agency and its evolution
- the commission’s establishing ordinance, as well as a review of the variety of models of civilian oversight
- laws governing public records and public meetings, as well as confidentiality requirements
- state and local laws that affect officers’ rights and privacy - case law on stops and detentions, searches and seizures and the rights of an arrestee
- steps in the criminal justice process including arrest, booking, arraignment, bail, hearings, and trial
- police practices and procedures, including patrol, rules of conduct, procedures for detention, arrest, booking, transport, and provision of medical care - use of force guidelines including defensive tactics, takedown and pain compliance maneuvers, handcuffing techniques, baton use, use of less lethal and restraint devices, and use of firearms
- procedures for the investigation and review of shootings and in-custody deaths, first amendment activities, and policies for dealing with mentally disturbed individuals and people under the influence of drugs or alcohol3
NACOLE advises that commissioners should become “familiar with the history, culture, and concerns of the communities served by the law enforcement agency, in particular the public’s potential concern with biased based policing and racial profiling.”4 Finally, NACOLE suggests that commission members should receive specific training on their oversight agency’s operations and procedures including complaint intake, investigation, mediation and disciplinary procedures; evaluating credibility, reaching findings and due diligence requirements; procedures for hearings and meetings; and developing policy recommendations.5

2 https://www.nacole.org/recommended_training_for_board_and_commission_members (accessed 6/14/25) 3 Id.
4 https://www.nacole.org/faqs under question “What should the qualifications and training be for oversight practitioners?” (accessed 6/16/25)
5 Id.
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(August 19, 2025)
Ride-alongs with members of the local police agency should also be provided to commission members.6 A complete list of NACOLE’s suggested training is included at the end of this report.

CPRC Suggested Training Content
The CPRC considered the following proposed curriculum, which aligns with practices used by other police oversight agencies and reflects NACOLE’s standards, and suggested provider(s) in its recommendation to Council that a training requirement be added to the Commission’s enabling ordinance:

Proposed Curriculum
Annual Training Trainer/Consultant/Provider
Standard of Investigation Review John Alden - Director of IOLERO Fundamentals of procedure, evidence,
and due process; implicit biases
NACOLE
RPD’s Policies, Practices, and
Procedures on all automatic triggers for
review
- Batons
- Canine Uses
- Tasers
- WRAP Device
- Firearms
Chief of Police or designee
RPD De-escalation Tactics Chief of Police or designee
Constitutional Rights and Civil Liberties NACOLE
The Public Safety Officers Procedural Bill
of Rights Act
Webinar/ACLU
Specialized Training Trainer/Consultant/Provider
Understanding Police Union Contracts,
Labor Rights
ACLU / Independent Case Work
Best Practices Handcuffing; restraints;
detention and arrests of persons
OIR group

6 Id. at note 2.
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Best Practices Search and Seizure of
Persons and Property
OIR Group
Optional Training Trainer/Consultant/Provider
Ride Alongs RPD
Examples from other California Cities
City of Anaheim
The Police Review Board of the City of Anaheim’s annual report dated March 2024,7 states that its members receive training in a range of topics related to “legal standards, administrative procedures, and investigation protocols,” including:
- History of police oversight in Anaheim and civilian oversight’s evolving role - Fourth Amendment
- Terry v. Ohio (police authority to detain)
- Graham v. Connor (thresholds for police use of force) - 835a Penal Code (officer authority to use force) 1
- 148a Penal Code (law prohibiting obstructing or resisting officers in the performance of their duties)
- Anaheim Police Department Policies
- Police interaction simulation training
Additionally, various board members have attended the Nacole annual event every year since 2018.8
City of Berkeley
The City of Berkeley’s enabling ordinance for its Police Accountability Board requires and logs Board member training based on the following:

Board member training; At will Status; Oath of Maintaining Confidentiality. (a) The Director of Police Accountability shall establish mandatory training requirements for Board members. Within the first six (6) months of appointment, at a minimum, each Board member shall receive forty (40) hours of training on the following:
(1) Quasi-judicial duties and obligations of the Board; (2) Constitutional rights and civil liberties;
(3) Fundamentals of procedure, evidence and due process; (4) The Public Safety Officers Procedural Bill of Rights Act;

7 https://www.anaheim.net/DocumentCenter/View/58935/Anaheim-PRB-Fourth-Annual-Report-2024 (p9) 8 Id. at p10.
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(5) Police Department operations, policies, practices, and procedures; and (6) Duties, responsibilities, procedures and requirements associated with all ranks and assignments.

The Director of Police Accountability shall develop training provided to Board members.

The Chief of Police and a representative from the Berkeley Police Association shall have input on training provided to Board members and shall have the opportunity to attend all training provided.9
Los Angeles County
Los Angeles County includes the following in their Sherrif’s Civilian Oversight Commission enabling ordinance:

Each commission member must successfully complete a comprehensive training and orientation program within six months of appointment. Failure to complete the training may result in disqualification. The training program shall be robust and cover constitutional policing including such topics as use of force, firearms, custody, mental health issues, juvenile justice and patrol. Each commission member shall actively participate in the ongoing training program.10
City of Oakland
The CPRC of the City of Oakland publishes an Annual Report. The 2023-2024 report relies on its Director of Special Investigations and Training for training. It indicates that topics of lectures and trainings include:
- Civil rights laws and constitutional protections
- Ethical guidelines and conflict-of-interest policies. - Confidentiality and data protection protocols
City of Santa Ana
The Santa Ana Municipal Code includes the following training requirement for members serving on the Police Oversight Commission:
“No later than ninety (90) days after appointment, each member shall:

1. Receive training in relevant subject matters, including, but not limited to, the Police Department's operations, policies, practices, procedures related to the following: internal affairs investigations; authorized uses of force, including the use of deadly force, control devices, and techniques; uses of conducted energy device; handcuffing and restraints; detention and arrest of persons; search and seizure of persons and property; the department's established focus of de-escalation tactics, vehicle pursuits, and the duties,

9 https://berkeley.municipal.codes/Charter/125 (accessed 6/15/2025) 10 https://library.municode.com/ca/los_angeles_county/codes/code_of_ordinances?nodeId= TIT3ADCOCO_CH3.79SHCIOVCO
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responsibilities, procedures, and requirements associated with all ranks and assignments facilitated by the Independent Oversight Director.

2. All training shall be predominantly obtained from independent, third-party bodies or institutions that have experience with internal affairs of police departments and civilian review investigations and audits.

3. Attend training sessions sponsored by the National Association for Civilian Oversight of Law Enforcement or similar entities, or through presentations provided on topics including, at a minimum, constitutional rights and civil liberties, fundamentals of procedure, evidence, and due process, procedural rights and confidentialities afforded to police officers by California law (including, but not limited to, Government Code Section 3300 et seq., Penal Code Sections 832.7 and 832.8, and Evidence Code Sections 1040-1043), state use of force standards, police union contracts, labor rights, in-person implicit bias training, and best practices for conducting investigations.

Members of the Commission, may, but are not required to, participate in a ride-along with the Santa Ana Police Department.11
NACOLE’s extensive suggested training for new commissioners includes:12

1. Civilian Oversight of Law Enforcement

1. Civilian Oversight of Law Enforcement

2. Models of Civilian Oversight

2. Local Oversight Agency

1. Historical Account Leading to establishment of the oversight agency

2. Charter, Ordinance, Municipal Code establishing oversight agency

3. Community Expectations of Oversight Agency

4. Local Government Expectations of Oversight Agency

3. Legal Considerations

1. Public records and public meeting laws

2. Confidentiality requirements

3. State / Local Laws relating to peace officers’ personnel actions, rights and privacy

4. Case law concerning stops & detentions, search, seizure and arrest, rights of arrested persons

11 https://library.municode.com/ca/santa_ana/codes/code_of_ordinances?nodeId= PTIITHCO_CH2AD_ARTIVOFDEBOCO_DIV16POOVCOhttps://library.municode.com/ca/santa_ana/codes/ code_of_ordinances?nodeId=PTIITHCO_CH2AD_ARTIVOFDEBOCO_DIV16POOVCO 12 Id.
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5. Steps in the criminal justice process: arrest, booking, arraignment, bail, hearings, trial

4. Local Law Enforcement Agency

1. Organization, history, and cultural evolution of the law enforcement agency

1. Role and responsibilities of patrol, custodial and specialized units

2. Chain of command and supervisory responsibilities

3. Written communication system and training procedures

2. Patrol practices and procedures

1. Duties of patrol officers, sergeants and managers

3. Rules of conduct for officers

4. Agency procedures re: detentions and searches of persons and vehicles

5. Booking, custody and prisoner transport procedures

1. Medical screening

2. Handling and processing of prisoner property

6. Juvenile procedures

7. Traffic stop procedures

8. Use of force guidelines and procedures (lethal and non-lethal). For example,

1. Defensive tactics

2. Takedown and pain compliance holds and maneuvers

3. Handcuffing techniques

4. Baton use

5. Use electronic control devices, OC spray, and restraint devices

6. Firearms

9. Investigation and review of shootings and in-custody deaths

10.First amendment activities

11.Training, resources and procedures for dealing with mentally disturbed individuals and individuals under the influence of drugs or alcohol

12.Community and cultural awareness

1. Understanding the history, culture, and concerns of
communities served by the law enforcement agency

13.Community relations and outreach

14.Biased based policing / racial profiling

15.The complaint, investigative and disciplinary processes 208
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16.Mediation of complaints

17.Evaluating credibility and reaching findings

18.Procedures and practices for misconduct investigations, including interviewing and report writing, collection and preservation of evidence, sources of information, and due diligence standards.

5. Board Procedures

1. Intake Procedures

2. Investigative Procedures and Practices

3. Hearings / Meetings

4. Case Review, Presentation, Findings

5. Communications

6. Policy Recommendations

6. Ridealongs
DOCUMENTS ATTACHED:

ATTACHMENT 1 – AMENDMENTS TO RMC 3.54 (PROPOSED)
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ORDINANCE NO. __-25 N.S.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, ADDING SECTION 110 (“COMMISSION TRAINING”) TO CHAPTER 3.54 (“COMMUNITY POLICE REVIEW COMMISSION”) TO ARTICLE III (“BOARDS AND COMMISSIONS”) OF THE RICHMOND MUNICIPAL CODE ___________________________________________________________ WHEREAS, the Richmond Community Police Review Commission (“CPRC”) is an independent civilian oversight body of the City of Richmond, providing oversight of the Richmond Police Department; and
WHEREAS, proper training is essential to ensure all CPRC Commissioners have the necessary knowledge to make well-informed, fair, equitable and unbiased decisions on behalf of the CPRC, especially when reviewing complaints; and WHEREAS, requiring training will foster trust within the Richmond community and with the Richmond Police Department; and
WHEREAS, the Council desires to establish a requirement that all newly appointed CPRC Commissioners receive a minimum of eight (8) hours of comprehensive training, including police officer shadowing activities, such as ride-alongs, participation in the Richmond citizen academy or other similar activity, and that going forward newly appointed Commissioners will complete such training within six (6) monthsninety (90) days of appointment to the CPRC and additional annual training thereafter; and
WHEREAS, the Council desires to recommend ongoing training for CPRC Commissioners.

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

SECTION 1. RECITALS. The foregoing recitals are true and correct and are incorporated herein as findings of fact.

SECTION 2. AMENDMENT. CHAPTER 3.54 (“Community Police Review Commission”) of Article III (“Boards and Commissions”) of the Richmond Municipal Code is hereby amended to add as follows (added text is show in bold italics, deleted text is show in strike through):
“3.54.110 – Commission Training.

Each commission member shall successfully complete a comprehensive training and orientation program and newly appointed commissioner members shall also complete such training, each within six three months of appointment. Failure to complete the training may result in 210
01337.0001 2013328.4
disqualification. The training program shall consist of at least eight hours of training and cover standards of investigative review, fundamentals of evidence and due process, recognizing bias and implicit bias, constitutional rights and civil liberties, de-escalation tactics, the Public Safety Officer Procedural Bill of Rights, and an overview of Richmond Police Department’s policies, practices and procedures, and the history of the Community Police Review Commission and civilian oversight of the Richmond Police Department, as well as police officer shadowing activities, such as ride-alongs, participation in the Richmond citizen academy or other similar activity. Training shall also include Richmond Commission Guidelines and the Brown Act.. Each commission member shall also actively participate in ongoing appropriate annual training.” 211
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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 EVALUATION (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.

E. ADJOURN TO CLOSED SESSION
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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 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.

M.2 Exempt Surplus Land Designation for the Nevin Plaza II Senior Affordable Housing Project
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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 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 EVALUATION (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.

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
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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 TraineeEmployment 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 IPlanning; 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 Leadworker-Public Works; Eric Martin, Recreation Program Specialist-Community Services; Ehioze Williamson, Auditorium AideCommunity 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)
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.
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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.)
City Manager Shasa Curl stated that Item V.5.b Calendar Years 2025-2027 Richmond Fund for Children and Youth Grant Awards was amended to advance $40,000 to the Richmond Steelers by December 6, 2024, for a contract commencing on December 5, 2024.

Item V.1.c was added as an emergency item for the waiver of fees in the amount of $3,675 for honoring the life and legacy of former Councilmember Jim McMiillan.

Motion by Councilmember Melvin Willis
Seconded by Councilmember Doria Robinson
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
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 216
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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
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
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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; 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 advance $40,000 to the Richmond Steelers by December 6, 2024, for a contract commencing on December 5, 2024.

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 15 218
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percent of the bid amount, for a potential contract total amount not to 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 pblic notice, the city clerk announced that it was time to hold a public hearing; and 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 requesting review of their liens.

Liz Dodge #41 - Center Avene and #45 - 673 40th Street regarding the feral cats issue gave comments via Zoom.
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Vice Mayor Jimenez closed the public hearing. Discussion ensued.

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 Robison, 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 RFP 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 assess levies for businesses, rentals, vacant logs, and non-exempt, with exception of the three that came to the meeting.

Councilmember Bana offered a friendly amendment that notices are 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.

A motion was made to uphold the city engineer's decision to deny the encroachment permit.
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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 meeting was adjourned in memory of former councilmember Jim Mcmillan. His memorial service was on 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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RICHMOND, CALIFORNIA, June 3, 2025
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 3:33 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

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

Councilmember Sue Wilson arrived after the council adjourned to Closed Session.

C. JOINT MEETING OF THE CITY OF RICHMOND/SURPLUS PROPERTY

AUTHORITY MEETING
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Surplus Property Authority of the City of Richmond v. Riggers Loft Wine Company

CITY COUNCIL
C.2 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
 Property: Point Molate (site of former Naval Shipyard Depot) Agency Negotiator: Dave Aleshire
Negotiating Parties: East Bay Regional Park District & Tribe & Upstream Pt.

Molate LLC
Under negotiation: Price and terms of payment
C.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Winehaven v. City of Richmond
 Guidiville Rancheria of California, et al. v. United States of America, et al.

C.4 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
 One case
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 3:36 p.m. Closed Session adjourned at 5:10 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 5:16 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, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda, and Mayor Eduardo Martinez.

Absent: None.

I. STATEMENT OF CONFLICT OF INTEREST
Councilmember Robinson reported a conflict of interest with the portions of Item P.3 (Budget Study Session on Proposed FY 2025-26 Operating Budget and FY 2025-30 FiveYear Capital Improvement Plan) related to the Transformative Climate Communities Grant and the collaboration between the City and Rich City Rides. She announced she would recuse herself from any discussion during the item related to either subject.

J. AGENDA REVIEW
Items O.9.a (Cooperative Cost Pool Agreement with Richmond Rent Board) and R.1 (Development of Ordinance to Ban Land Grab Practices and Promote Housing Accessibility) were continued to the June 17, 2025, city council meeting.

Item Q.1 (Annual Public Hearing on Vacancies) was moved up to be heard before Item P.1 (Preliminary Engineer’s Report and Intent to Levy Assessments for Hilltop Landscape Maintenance District (HLMD) for Fiscal Year (FY) 2025-2026).

K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION

SURPLUS PROPERTY AUTHORITY
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Surplus Property Authority of the City of Richmond v. Riggers Loft Wine Company
Status report given. No reportable action taken.

CITY COUNCIL
C.2 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
• Property: Point Molate (site of former Naval Shipyard Depot) Agency Negotiator: Dave Aleshire
Negotiating Parties: East Bay Regional Park District & Tribe & Upstream Pt.

Molate LLC
Under negotiation: Price and terms of payment
Status report given. No reportable action taken.

C.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Winehaven v. City of Richmond
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• Guidiville Rancheria of California, et al. v. United States of America, et al.

Not discussed.

C.4 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
• One case
Status report given. 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 report: City Manager's Report L.1 NEW EMPLOYEE REPORT - 1st Tuesday
Human Resources Director Sharrone Taylor provided a New Employee Report.

Link to view report: New Employee Report
M. COMMENDATIONS, PRESENTATIONS, AND PROCLAMATIONS
M.1 Proclamation Urging that Cuba Be Removed from U.S. List of State Sponsors of Terrorism and that Congress Vote to End all Economic Sanctions Against Cuba
PROCLAMATION urging that Cuba be removed from U.S. List of State Sponsors of Terrorism and that Congress vote to end all economic sanctions against Cuba - (Mayor Eduardo Martinez 510-620-6503)/Vice Mayor Cesar Zepeda/Councilmember Claudia Jimenez 510-620-6861).

Mayor Martinez introduced the item. Mayor Martinez read excerpts from the proclamation and presented it to Cuban Embassy Staff Yasser Ibarra Castro and David Ramirez Alvarez. Mayor Martinez, Mr. Ibarra Castro, and Mr. Ramirez Alvarez gave comments. Mark Wassberg gave comments in person.

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

Cordell Hindler gave comments regarding the number of items on City Council meeting agendas and Salesian College Preparatory's service day.

Cheryl Maier and Kia Walton gave comments regarding Pogo Park and advocated for additional funding for the Harbour 8 Project.

Mark Wassberg gave comments regarding an upcoming gun violence event at CoBiz Richmond. Mr. Wassberg also gave comments regarding the crime rate in the City of Richmond.

Jose Abastida gave comments in support of City employees.

Henry Powell gave comments regarding his experience as a City employee. Mr. Powell suggested reinstating the spray program to improve abatement efforts.

Isaac Martinez gave comments regarding upcoming bargaining negotiations for City employees. Mr. Martinez suggested that more City personnel be hired. 224
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Catalin Kaser expressed concern regarding part time City employee benefits and availability of hours.

Aidan Hogan and Angela Cox expressed concern regarding City employee wages and staff retention.

Jamin Pursell gave comments regarding a recent Rainbow Pride event and thanked those who attended or supported the event. Mr. Pursell expressed appreciation for the City Staff that assist with events.

Kathleen Sullivan gave comments regarding the tobacco moratorium and its impact on legacy businesses in the City.

Jeff Shoji expressed concern regarding theft, cost of basic necessities, and lack of opportunity.

Councilmember Claudia Jimenez thanked City staff in the Community Crisis Response Program, Office of Neighborhood Safety, Fire, and Police departments, that collaborated to help save a man's life.

The following individuals gave comments via teleconference:

Linda Whitmore gave comments in support of Pogo Park and the Harbour 8 Project.

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 Claudia Jimenez
Seconded by Councilmember Jamelia Brown
To approve all items on the Consent Calendar excluding Item O.9.a (Cooperative Cost Pool Agreement with Richmond Rent Board).

Ayes (7): Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda, and Mayor Eduardo Martinez.

Passed
O.1 City Attorney's Office
O.1.a Establish a Biannual Report from the Richmond Arts and Culture Division ADOPT an ordinance (second reading) amending Richmond Municipal Code Chapter 6.50 for the Richmond Arts and Culture Division Manager to provide a written report and a presentation to the Council on a biannual basis regarding art projects being developed in the City – City Attorney’s Office (Shannon Moore 510-620-6505/James Atencio 510-620-6504).

Adopted Ordinance No. 11-25 N.S.

O.2 City Council
O.2.a Proclamation Recognizing June 2025 as Gun Violence Awareness Month and Honoring Local Organizations and Victims Affected by Gun Violence in Richmond
PROCLAMATION recognizing June 2025 as Gun Violence Awareness Month in the City of Richmond, and issue individual proclamations to:

Office of Neighborhood Safety (ONS), Faith in Action East Bay, Keyz2theFuture, Moms Demand Action – Contra Costa Chapter, Silence 225
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the Violence, RYSE Center, Gone But Never Forgotten social media platform, the families of Maciyah Brown and Joseph Alexander II - Councilmember Jamelia Brown (510-412-2050).

O.3 Community Development
O.3.a Revised Resolution for Affordable Housing and Sustainable Communities Program (AHSC) Grant for Metrowalk Phase 2
ADOPT a revised resolution accepting and appropriating the State Department of Housing and Community Development (HCD) Affordable Housing and Sustainable Communities Program (AHSC) funds for the Metrowalk Phase 2 Project and designating the city manager or designee to execute the necessary agreements with HCD, BART, AC Transit, and Trust for Public Land to complete the project components using awarded grant funds – Community Development Department (Lina Velasco 510- 620-6841).

Adopted Resolution No. 65-25
O.4 Finance Department
O.4.a Setting Tax Rate for Tax Override Pension Fund
ADOPT an ordinance (second reading) setting the tax rate for the Pension Tax Override for Fiscal Year 2025-2026 at 0.14 percent – Finance Department (Andrea Miller/Mubeen Qader/Antonio Banuelos 510-620- 6741).

Adopted Ordinance No. 12-25 N.S.

O.4.b Master Fee Schedule Update
ADOPT an ordinance (second reading) establishing certain fees for the proposed Master Fee Schedule and after the second reading of the ordinance, ADOPT a resolution setting the dollar amount for the new fees and adjusting the dollar amount for current fees – Finance Department (Andrea Miller/Mubeen Qader/Antonio Banuelos 510-620-6741).

Adopted Ordinance No. 13-25 N.S.

Adopted Resolution No. 66-25
O.5 Fire Department
O.5.a Adopt the City of Richmond Fire Hazard Severity Zones Ordinance ADOPT an ordinance (second reading) to designate Fire Hazard Severity Zones within the City of Richmond as recommended by the California Department of Forestry and Fire Protection (Cal Fire) Office of the State Fire Marshal (OSFM) – Fire Department (Chief Aaron Osorio 510-307- 8021/Fire Marshal Dante J. Wiley 510- 307-8090).

Adopted Ordinance No. 14-25 N.S.

O.6 Human Resources
O.6.a Contract with Devices for Life for Replacement of Automatic External Defibrillator Battery Packs and Maintenance Plan
APPROVE a sole-source contract with Devices for Life for the acquisition of 73 Adult and 23 Child Automatic Emergency Defibrillator battery packs and a three-year maintenance plan for a payment limit of $34,058.13 – 226
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Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620- 6602).

O.7 Mayor's Office
O.7.a Proclamation Recognizing Juneteenth and the Contributions of African Americans to Richmond
PROCLAMATION recognizing Juneteenth and the contribution of African Americans to the City of Richmond - (Mayor Eduardo Martinez 510-620- 6503/Councilmember Jamelia Brown 510-412-2050/Councilmember Doria Robinson 510-620-6861).

O.7.b Appointment of Pat Young to the Richmond Commission on Aging APPOINT Pat Young to the Richmond Commission on Aging, term expires May 19, 2027 – Mayor’s Office (Mayor Eduardo Martinez 510- 620-6503).

O.7.c Appointment of Carmen Sofia Corona Mendez to the Richmond Youth Council
APPOINT Carmen Sofia Corona Mendez to the Richmond Youth Council, term expires October 1, 2025 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.8 Police Department
O.8.a Contract Amendment No. 2 with Lenz Inc., dba Civic Center Auto Care, Wellsco, Inc. dba Certified Towing, and Checker's Group, Inc. dba.

Checker's Towing
APPROVE a second contract amendment for rotational tow and automotive services with Lenz Inc., dba Civic Center Auto Care increasing the payment limit by $30,000, for a total payment limit of $75,000; and a second contract amendment with Wellsco, Inc. dba Certified Towing increasing the payment limit by $40,000, for a total payment limit of $85,000; and a second contract amendment with Checker's Group, Inc. dba Checker's Towing increasing the payment limit by $90,000, for a total payment limit of $135,000 for a term ending on December 31, 2025 – Police Department (Chief Bisa French 510-621-1802).

O.9 Rent Program
O.9.a Cooperative Cost Pool Agreement with Richmond Rent Board APPROVE a Cooperative Cost Pool Agreement between the Richmond Rent Board and the City of Richmond - City Manager’s Office (Shasa Curl 510-620-6512/Andrea Miller 510-620-6790).

This item was continued to June 17, 2025.

P. BUDGET SESSION
P.1 Preliminary Engineer’s Report and Intent to Levy Assessments for Hilltop Landscape Maintenance District (HLMD) for Fiscal Year (FY) 2025-2026 ADOPT a resolution approving the preliminary Engineer’s Report for Fiscal Year 2025-2026 for the Hilltop Landscaping Maintenance District; DECLARE the City Council’s intention to increase and collect the annual assessments; and schedule a public hearing about the proposed increased assessment on June 24, 2025, at 5:00 PM in City Council Chambers at 440 Civic Center Plaza in the City of Richmond 227
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– Public Works Department (Daniel Chavarria 510-620-5478/Jason Lacey 510- 620-6920).

Deputy Director of Public Works Robert Armijo introduced the item. Mr. Armijo and SCI Consulting Group representative Edric Kwan presented a PowerPoint.

Link to view presentation: Hilltop Landscaping Maintenance District.

Cordell Hindler gave comments in person. Discussion ensued. The Council requested an analysis on what the impact would be if the City only paid the minimum general benefit and additional proposed funds above the minimum were instead reallocated to general fund areas. Further discussion ensued.

Vice Mayor Zepeda made a motion to adopt the resolution approving the preliminary Engineer’s Report for Fiscal Year 2025-2026 for the Hilltop Landscaping Maintenance District, bringing it back June 24th with updates from the community, and declaring the City Council's intention to increase and collect the annual assessment and schedule a public hearing about the proposed increased assessment on June 24, 2025, at 5:00 PM in City Council Chambers. The motion died for lack of a second.

Motion by Councilmember Doria Robinson
Seconded by Councilmember Jamelia Brown
To adopt the resolution as written and also to create an ad hoc committee which will work with staff on a long-term solution for the recurring inequity issue in landscape maintenance services.

Ayes (6): Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, and Mayor Eduardo Martinez.

Noes (1): Vice Mayor Cesar Zepeda
Passed
Adopted Resolution No. 67-25
P.2 Preliminary Engineer’s Report and Intent to Levy Assessments for Marina Bay Landscape and Lighting Maintenance District (MBLLMD) for Fiscal Year (FY) 2025-2026
ADOPT a resolution approving the preliminary Engineer’s Report for Fiscal Year 2025-2026 for the Marina Bay Landscaping and Lighting Maintenance District (MBLLMD), declaring the City Council’s intention to increase the annual assessment in the MBLLMD, and setting a public hearing about the proposed increased assessment for June 24, 2025, at 5:00 PM in City Council Chambers at 440 Civic Center Plaza in the City of Richmond – Public Works Department (Daniel Chavarria 620-5478/ Robert Armijo 620-5477/Jason Lacey 620-6920).

Deputy Director of Public Works Robert Armijo introduced the item. Willdan Financial representative Tony Thrasher and Mr. Armijo presented a PowerPoint.

Link to view presentation: Marina Bay Landscape and Lighting Maintenance District.

Cordell Hindler gave comments in person. Bhavin Khatri gave comments via teleconference. Discussion ensued.
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Motion by Councilmember Sue Wilson
Seconded by Councilmember Jamelia Brown
To approve the recommended action with the addition that beginning in budget year 2026–27, the budget section Engineer’s Report will be presented to the MBLLMD Advisory Committee for input at least two weeks prior to the City Council’s consideration of the resolution of intent to levy assessments. Also, to create an ad hoc committee which will work with staff on a long-term solution for the recurring inequity issue in landscape maintenance services.

Ayes (7): Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda, and Mayor Eduardo Martinez.

Passed
Adopted Resolution No. 68-25
P.3 Budget Study Session on Proposed FY 2025-26 Operating Budget and FY 2025-30 Five-Year Capital Improvement Plan
RECEIVE the draft Fiscal Year 2025-26 Annual Operating Budget and Fiscal Year 2025-30 Five-Year Capital Improvement Plan Budget presentation; and PROVIDE DIRECTION to staff prior to final budget adoption – City Manager’s Office/Finance Department (Shasa Curl 510-620-6512/Nickie Mastay 510-620- 6609/Andrea Miller 510-620-6790/Mubeen Qader 510-412-2077).

City Manager Shasa Curl introduced the item. Ms. Curl, Director of Finance Andrea Miller, Deputy City Manager LaShonda White, Assistant Deputy Director of Public Works Josef Munoz, and Community Development Director Lina Velasco presented a PowerPoint. Link to view presentation: Fiscal Year 25-26 Budget Presentation.

Discussion ensued. Cordell Hindler, Jamin Pursell, Jillian de la Torre, and Kevin Tisdell gave comments in person. Roxanne Carrillo Garza, Stephanie Zhang, and Johana Gurdian gave comments via teleconference. Mayor Martinez proposed that the Council email their suggestions for budget changes to staff for consideration when the item is brought back.

Q. PUBLIC HEARINGS
Q.1 Annual Public Hearing on Vacancies
HOLD a public hearing where the City will present information on the status of vacancies and the City’s recruitment and retention efforts in 2024 – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

Director of Human Resources Sharrone Taylor introduced the item. Ms. Taylor presented a PowerPoint. Link to view presentation: Vacancies Presentation Discussion ensued. The Council requested more information on the following:
savings due to the vacancy rate; the vacancy rate over the last four years; positions in each department with details on classification, vacancies, recruitment/hiring status; amount of positions vacated as others are filled; month by month department recruitment requisitions and vacant jobs posted on the website in 2024; the cost of the vacancy rate in relation to overtime; and the number of employees in each bargaining unit.

Mayor Martinez opened the public hearing. IFPTE Local 21 representatives waived their time to give a statement to the City Council, opting to speak under public comment instead. SEIU Local 1021 representative Kevin Tisdell gave a statement on behalf of the bargaining unit. Richmond Police Officers Association 229
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representative Benjamin Therriault gave statements on behalf of the bargaining unit. Cordell Hindler, John Varga, Loch Sekona, Yvette Williams, and Gregory Everetts gave comments in person. Sonja Yancey gave comments via teleconference. Mayor Martinez closed the public hearing.

Further discussion ensued. The Council requested more information on the following: separations; employee diversity; the difficulties part time employees face; and the annual hiring plan.

R. NEW BUSINESS
R.1 Development of Ordinance to Ban Land Grab Practices and Promote Housing Accessibility
DIRECT City staff to study federal and state legislation regarding land grab practices by for profit corporations and investors and return to the City Council within 180 days with recommendations regarding the viability of enacting a local ordinance, at which time the City Council may decide whether to direct staff to draft an ordinance - Councilmember Soheila Bana (510-672-3490). This item was continued from the May 27, 2025, meeting.

This item was continued to June 17, 2025.

R.2 Allocation of $6,000 to Support the 2025 Juneteenth Celebration APPROVE a one-time appropriation of $6,000 to support the 2025 Juneteenth Celebration, which will assist with key components of the event—including youth-centered activities, community engagement, and cultural programming - Councilmember Jamelia Brown (510-412-2050).

This item was continued to June 17, 2025.

S. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) The item was not heard.

T. ADJOURNMENT
There being no further business, the meeting adjourned at 11:00 p.m. in honor of Ameen Khalifa to meet again on June 17, 2025, at 5:00 p.m.

Clerk of the City of Richmond Mayor
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RICHMOND, CALIFORNIA, June 17, 2025
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 3:30 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

Present: Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, and Mayor Eduardo Martinez. Absent: Vice Mayor Cesar Zepeda arrived after the roll was called.

C. CLOSED SESSION
C.1 LIABILITY CLAIMS (Government Code Section 54956.9)
 Claimant: Noni Thomas
 Claimant: Denise Alexander Smith
 Claimant: Jameiz Terrell
C.2 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)
Cordell Hindler, John Varga, George Kabaivanov, Yvette Williams Barr, and Kevin Tisdell gave comments in person. Ben Therriault gave comments via teleconference.

E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 3:41 p.m. Closed Session adjourned at 5:05 p.m.

F. SPECIAL JOINT MEETING OF THE RICHMOND HOUSING

AUTHORITY/RICHMOND CITY COUNCIL
The Special Joint Meeting of the Richmond Housing Authority and Richmond City Council was called to order at 5:07 p.m. by Chairperson/Mayor Eduardo Martinez. 231
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G. PLEDGE OF ALLEGIANCE
Chairperson/Mayor Eduardo Martinez led the Pledge of Allegiance to the Flag.

H. ROLL CALL

Present: Commissioners/Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Tenant Commissioner Jaycine Scott, Vice Chairperson/Vice Mayor Cesar Zepeda, and Chairperson/Mayor Eduardo Martinez.

Absent: None.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. REPORT FROM THE EXECUTIVE DIRECTOR
Housing Authority Executive Director Antoinette Terrell presented a PowerPoint: Report from Executive Director
K. AGENDA REVIEW
A motion made by Chairperson/Mayor Martinez, seconded by Tenant Commissioner Scott, to add Public Comment before the Housing Authority consent calendar passed by the following vote: Ayes: Commissioners/Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Tenant Commissioner Jaycine Scott, Vice Chairperson/Vice Mayor Cesar Zepeda, and Chairperson/Mayor Eduardo Martinez.

Noes: None. Absent: None. Abstain: None.

Public comment ensued. Ruben Galvan gave comments in person regarding Item L.1 (Select Eden Housing & Community Housing Development Corporation as the Preferred Developer for the Redevelopment of Nystrom Village and Negotiate and Execute an Exclusive Right to Negotiate Agreement (ERNA) for the Redevelopment of Nystrom Village).

L. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Chairperson/Mayor Martinez
Seconded by Commissioner/Councilmember Jamelia Brown
To approve all items on the Housing Authority Consent Calendar.

Ayes (5): Commissioners/Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Tenant Commissioner Jaycine Scott, and Chairperson/Mayor Eduardo Martinez.

Noes (1): Councilmember Sue Wilson
Abstentions (2): Vice Chairperson/Vice Mayor Cesar Zepeda and Commissioner/Councilmember Doria Robinson
Passed
L.1 Select Eden Housing & Community Housing Development Corporation as the Preferred Developer for the Redevelopment of Nystrom Village and Negotiate and Execute an Exclusive Right to Negotiate Agreement (ERNA) for the Redevelopment of Nystrom Village
ADOPT a resolution rescinding Resolution No. 2205, in which the Richmond Housing Authority initially selected Gorman & Company and Novin Development as the preferred development team and APPROVE the recommendation of the Selection Committee selecting Developer Eden Housing & Community Housing Development Corporation as the preferred development 232
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team, and to negotiate and execute an Exclusive Right to Negotiate Agreement (ERNA) for the redevelopment of Nystrom Village with a term not to exceed ninety (90) days with an option for one mutually approved extension of not more than thirty (30) days – Richmond Housing Authority (Antoinette Terrell 510-620- 6784/Nannette Beacham 510-621-1306).

Adopted Resolution No. 2213
M. JOINT RICHMOND HOUSING AUTHORITY / RICHMOND CITY COUNCIL

BUDGET SESSION
M.1 Proposed Richmond Housing Authority Budget for Fiscal Year (FY) 2025- 2026
ADOPT a joint resolution approving the proposed Fiscal Year (FY) 2025-2026 Richmond Housing Authority (RHA) budget, with total estimated revenues of $4,480,249.92 and total estimated expenditures of $4,480,249.92; and APPROVE an RHA subsidy from the City of Richmond General Fund in the amount of $1,039,755, which will provide sufficient revenue to match anticipated expenditures and balance the RHA budget to $4,480,249.92 in estimated revenues and $4,480,249.92 in expenditures - Richmond Housing Authority/Finance (Antoinette Terrell 510-621-1300/Rita Martinez 510-621-1546).

Housing Authority Executive Director Antoinette Terrell introduced the item. Ms.

Terrell and Finance Manager II Rita Martinez presented a PowerPoint. Link to view presentation: Richmond Housing Authority Budget FY 25-26 Cordell Hindler gave comments in person. Discussion ensued.

Motion by Commissioner/Councilmember Claudia Jimenez
Seconded by Commissioner/Councilmember Doria Robinson
To approve the item.

Ayes (8): Commissioners/Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Tenant Commissioner Jaycine Scott, Vice Chairperson/Vice Mayor Cesar Zepeda, and Chairperson/Mayor Eduardo Martinez.

Passed
Adopted Resolution No. 2214
Adopted Resolution No. 69-25
N. ADJOURNMENT
The meeting adjourned at 5:33 p.m.

O. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 5:33 p.m. by Mayor Eduardo Martinez.

P. ROLL CALL

Present: Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zeped,a and Mayor Eduardo Martinez.

Absent: None.

Q. STATEMENT OF CONFLICT OF INTEREST
Councilmember Robinson reported a conflict of interest with the portions of Item W.1 (Review and Provide Direction on Fiscal Year (FY) 2025-26 Proposed Budget and Fiscal 233
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Year 2025-30 Five Year Capital Improvement Plan) related to the Transformative Climate Communities Grant and the collaboration between the City and Rich City Rides. She announced she would recuse herself from any discussion during the item related to either subject.

R. AGENDA REVIEW
Item V.2.a (Update and Approve the Richmond Green-Blue New Deal (GBND) Top-Five Priority Projects over the Next 5 Years) was pulled from the consent calendar for discussion.

Items V.7.c (Resolution Approving On-Call Contracts with GHD, Kimley-Horn, Fehr & Peers, W-Trans for Transportation Design Services) and Y.3 (Develop and Launch a 6- month Pilot Program working-titled, “Clean Richmond” Community Maintenance Crews) were continued to the June 24, 2025, city council meeting.

A motion made by Councilmember Jimenez, seconded by Councilmember Robinson, added an emergency item (Resolution Calling for Diplomacy, Peace, and Nuclear Transparency in Response to Escalating Hostilities Between Israel and Iran) to the consent calendar, by the following vote: Ayes: Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, and Mayor Eduardo Martinez.

Noes: None. Abstain: Vice Mayor Cesar Zepeda. Absent: None.

Item Y.6 (Approval of Richmond’s Membership Fee Contribution to the East Bay Wildfire Coalition of Governments (EBWC) was moved to the consent calendar.

Item Y.8 (Development of Ordinance to Ban Land Grab Practices and Promote Housing Accessibility) was withdrawn to come back at a later date as a new item.

A motion made by Councilmember Bana, seconded by Councilmember Jimenez, added Item Y.4 (Allocation of $6,000 to Support the 2025 Juneteenth Celebration) to the consent calendar by the following vote: Ayes: Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, and Vice Mayor Cesar Zepeda.

Noes: Mayor Eduardo Martinez. Abstain: None. Absent: None.

S. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
Item C.1 (liability claims) was discussed. There was no reportable action.

Item C.2 (labor negotiations) was discussed. Direction given to labor negotiators.

T. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl provided a report. Link to view report: City Manager's Report 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)
The following individuals gave comments in person:

Cordell Hindler gave comments regarding the recent Engineer's Report, HOA fees, and multigenerational workplaces.

Estefany Sanchez, Erick Sanchez, and Eladia Salas requested support from the City Council in relation to the denial of a street vendor permit for their business Super Churros.
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Vincent Iamiello and Kayle Catalan gave comments in support of the business Super Churros. Mr. Iamiello expressed concern regarding the conduct of City inspectors.

Antwoin Cloird gave comments regarding grants and resources for the Black community in Richmond.

Mark Wassberg gave comments regarding immigration and recent events in Los Angeles.

Cruz Arroyo gave comments in support of Super Churros.

Bryan Harris gave comments in support of Item V.7.f (Contract with Kimley-Horn Autonomous Transit Network Feasibility Study).

Don Gosney gave comments regarding building improvement costs for local schools and announced that the West Contra Costa Unified School District Citizens' Bond Oversight Committee was seeking volunteers to serve on the committee.

Liz Woods requested the City Council's support in her independent efforts to clean the City.

Jamin Pursell gave comments regarding recent local protests, diversity, and political intimidation. Mr. Pursell thanked library staff for an event held the prior weekend.

The following individuals gave comments via teleconference:

Michelle Chan, Davjanee, and Marisol Cantu gave comments regarding funds the City Council allocated towards immigrant legal services on March 4, 2025, and urged the Council to expedite processes so the funds can be put to use. Ms. Chan and Ms. Cantu advocated for the issuance of an updated request for proposals.

Julie Freestone thanked the City and community for its efforts to stop illegal fireworks.

Ms. Freestone shared details about what actions have been taken to deter illegal fireworks.

Annie gave comments regarding funds the City Council allocated towards immigrant legal services on March 4, 2025, and advocated for the funds to be used soon.

Melvin Willis gave comments regarding the funds allocated for immigrant legal services and expressed concern regarding Immigration and Customs Enforcement activities in the community. Mr. Willis suggested that the sidewalk ordinance be amended to accommodate businesses that were operating prior to the adoption of the ordinance.

BK Williams and Jovanka Beckles urged the City Council to quickly issue a request for proposals for immigrant legal services providers. Ms. Beckles also expressed concern about illegal fireworks and gave comments in support of Super Churros.

Andrew Melendez, Carmen Martinez, and Edith Pastrano gave comments about the hardships undocumented immigrants face in the community. Mr. Melendez, Ms.

Martinez, and Ms. Pastrano expressed concerns regarding the funds allocated for immigrant legal services and urged the council to expedite the process to distribute the funds to the community.

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.)
Motion by Councilmember Jamelia Brown
Seconded by Councilmember Soheila Bana
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To approve all items on the Consent Calendar with the inclusion of Items Y.4 (Allocation of $6,000 to Support the 2025 Juneteenth Celebration), Y.6 (Approval of Richmond’s Membership Fee Contribution to the East Bay Wildfire Coalition of Governments (EBWC), the added Emergency Item (Resolution Calling for Diplomacy, Peace, and Nuclear Transparency in Response to Escalating Hostilities Between Israel and Iran) and excluding Items V.2.a (Update and Approve the Richmond Green-Blue New Deal (GBND) Top-Five Priority Projects over the Next 5 Years) and V.7.c (Resolution Approving On-Call Contracts with GHD, Kimley-Horn, Fehr & Peers, W-Trans for Transportation Design Services).

Emergency Item (added to the end of the Consent Calendar) APPROVE a resolution calling for diplomacy, peace, and nuclear Transparency in response to escalating hostilities between Israel and Iran Adopted Resolution No. 76-25
Ayes (7): Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda, and Mayor Eduardo Martinez.

Passed
V.1 City Clerk's Office
V.1.a City Council Minutes
APPROVE the minutes of the May 20, 2025, and May 27, 2025, regular City Council meetings - City Clerk's Office (Pamela Christian 510-620- 6513).

V.2 Economic Development
V.2.a Update and Approve the Richmond Green-Blue New Deal (GBND) TopFive Priority Projects over the Next 5 Years.

RECEIVE a written update on the Richmond Green-Blue New Deal project prioritization process and APPROVE the top five priority projects - Economic Development Department (Yahna Williamson 510-620- 6574/Samantha Carr 510-620-5407/ Nannette Beacham 510-620-1306).

This item was continued to the June 24, 2025, meeting.

V.3 Finance Department
V.3.a Investment and Cash Balance Report, Monthly Overtime Reports, Documentary Transfer Tax Report, and Other Post-Employment Benefits (OPEB) and Pension Report for the Month of April 2025
RECEIVE the City’s Investment and Cash Balance Report, Monthly Overtime Reports, Documentary Transfer Tax Report, and Other PostEmployment Benefits (OPEB) and Pension Report for the month of April 2025 – Finance Department (Andrea Miller 510-620-6740).

V.4 Fire Department
V.4.a Standing Purchase Order with Municipal Emergency Services (MES) to Purchase Firefighter Self-Contained Breathing Apparatus (SCBA) APPROVE a standing purchase order with Municipal Emergency Services (MES), using RFP 1920/Contract # PS20120 Master Price Agreement publicly solicited by National Purchasing Partners, Government Division, to purchase firefighter self-contained breathing apparatus (SCBA) in an amount not to exceed $200,000 for a term ending March 23, 2026, with a 236
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two-year extension option not to exceed an additional $200,000 for the extended term – Fire Department (Chief Aaron Osorio 510-307- 8021/Deputy Chief Rico Rincon 510-307-8041/Den Mark Marcelo 510- 307-8038).

V.5 Library and Community Services
V.5.a Approve a Contract with Pyro Spectacular North, Inc. for a Fireworks Display Show on July 3, 2025
APPROVE the production agreement contract with Pyro Spectaculars North, Inc. to provide a fireworks display show for Richmond on July 3, 2025, at the Richmond Marina in an amount not to exceed $103,000, for a term from June 17, 2025, to December 31, 2025, and AUTHORIZE a deposit payment of $51,500 to the vendor and final payment of $51,500 to the vendor on July 5, 2025 - Community Services Department (LaShonda White/Ranjana Maharaj/Kymberlyn Carson-Thrower 510-620-6828).

V.6 Mayor's Office
V.6.a Appointment of Jerry Cole to the Historic Preservation Commission APPOINT Jerry Cole to the Historic Preservation Commission, with a term that expires July 31, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

V.7 Public Works
V.7.a Abatement Report from the Public Works Director
RECEIVE a written abatement report from the Director of Public Works - Public Works Department (Daniel Chavarria 510-620-5478).

V.7.b Resolution to Award a Contract to RK Roofing & Construction, Inc.

ADOPT a resolution awarding a three-year contract to RK Roofing and Construction, Inc., for as-needed roof waterproofing, maintenance, and minor repairs, for a term beginning July 1, 2025, to June 30, 2028, in a not-to-exceed amount of $450,000, with an option to extend the contract for two additional one-year terms in a not-to-exceed amount of $150,000 each additional year – Public Works Department (Daniel Chavarria 510- 620-5478/Tawfic Halaby 510-620-548/Carl Capistrano 620-6896).

Adopted Resolution No. 70-25
V.7.c Resolution Approving On-Call Contracts with GHD, Kimley-Horn, Fehr & Peers, W-Trans for Transportation Design Services
ADOPT a resolution awarding on-call contracts for transportation design services on an as-needed basis to four consultants—GHD, Kimley-Horn & Associates, Fehr & Peers, and W-Trans—for an amount not to exceed $1,000,000 per firm per year, for a three-year term beginning June 1, 2025, through June 30, 2028, with two optional one-year extensions – Public Works Department (Hillal Hamdan 510-621-1612/Robert Armijo 510-620-5477)
This item was continued to the June 24, 2025, meeting.

V.7.d Resolution to Award a Contract to Wadsworth Glass Inc. for Window Supplies and Services.
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ADOPT a resolution approving a three-year contract to Wadsworth Glass, Inc., for window supplies and services, for a term beginning July 1, 2025, to June 30, 2028, in a not-to-exceed amount of $300,000, with an option to extend the contract for two additional one-year terms in a not-to-exceed amount of $100,000 each additional year – Public Works Department (Daniel Chavarria 510-620-5478/Tawfic Halaby 510-620-5482/Clarence Johnson 510-231-3034).

Adopted Resolution No. 71-25
V.7.e Approval of Project List for Fiscal Year 2025-26 SB 1 Road Maintenance and Rehabilitation Account Funding
ADOPT a resolution approving the project list for Senate Bill 1 Road Maintenance and Rehabilitation Account funding for Fiscal Year 2025-26 – Public Works Department (Robert Armijo 510-620-5477/Dan Santos 510-620-6645).

Adopted Resolution No. 72-25
V.7.f Contract with Kimley-Horn Autonomous Transit Network Feasibility Study
ADOPT a resolution to APPROVE a professional services contract with Kimley-Horn to conduct an Autonomous Transit Network Feasibility Study with a term beginning July 1, 2025, and ending on July 1, 2027, and APPROPRIATE $195,960 in ECIA Funding to facilitate payment – Public Works Department (Janney Lockman 510-307-8097/Robert Armijo 510- 620-5477).

Adopted Resolution No. 73-25
V.7.g Resolution to Award a Contract to Legacy Mechanical & Energy Services, Inc. for As-Needed Repairs and Service
ADOPT a resolution awarding a three-year contract to Legacy Mechanical & Energy Services, Inc., for as-needed major mechanical building maintenance repairs and service, for a term beginning July 1, 2025, to June 30, 2028, in a not-to-exceed amount of $150,000, with an option to extend for two additional one-year terms in a not-to-exceed amount of $50,000 each additional year – Public Works Department (Daniel Chavarria 510-620-5478/Tawfic Halaby 510-620-548/Carl Capistrano 620-6896/Will Santana 510-620-6696).

Adopted Resolution No. 74-25
V.7.h Construction Agreement Amendment with UST Testing Services, Inc. for the Flood Risk Reduction - Rheem Creek Project
ADOPT a resolution and APPROVE a second amendment to the construction contract with UST Testing Services, Inc., increasing the contract by $242,036, for a revised not-to-exceed amount of $1,778,026, for the Rheem Creek Flood Risk Reduction Project; and ACCEPT the project as complete and AUTHORIZE the city clerk to file a Notice of Completion with the Contra Costa County Recorder’s Office - Public Works Department (Darcie DeLashmutt 672-3944 / Robert Armijo 620- 5477).

Adopted Resolution No. 75-25
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V.8 Rent Program
V.8.a Cooperative Cost Pool Agreement with Richmond Rent Board APPROVE a Cooperative Cost Pool Agreement between the Richmond Rent Board and the City of Richmond - City Manager’s Office (Shasa Curl 510-620-6512/Andrea Miller 510-620-6790).This item was continued from the June 3, 2025, meeting.

W. BUDGET SESSION
W.1 Review and Provide Direction on Fiscal Year (FY) 2025-26 Proposed Budget and Fiscal Year 2025-30 Five Year Capital Improvement Plan REVIEW proposed Fiscal Year 2025-26 Budget, Five-Year Forecast, Five-Year Capital Improvement Plan Budget for Fiscal Years 2025-26 through 2029-30; and PROVIDE DIRECTION to staff prior to final budget adoption – City Manager’s Office/Finance Department (Shasa Curl 510-620-6512/ Nickie Mastay 510-620- 6609/ Andrea Miller 510-620-6790/ Mubeen Qader 510-412-2077).

City Manager Shasa Curl introduced the item. Ms. Curl, Director of Finance Andrea Miller, Accounting Manager Antonio Banuelos, and Assistant Deputy Director of Public Works Josef Munoz presented a PowerPoint. Link to view presentation: FY 25-26 Proposed Budget/FY 25-30 CIP Plan Discussion ensued. The Council requested/suggested the following: the addition of an Economic Development Commission event (Green and Sustainable Business Expo) to the City event list and funding in the amount of $10,000 for the event; information on what specific priority positions are included in the vacancy rate; analysis on how including additional priority positions, such as Tree Crew and Parks/Landscaping positions, would affect the vacancy rate percentage; information on the reduction in YouthWorks experience hours and options to restore hours; additional priority positions to support YouthWorks; information on whether the Capital Improvement Projects presented are funded and if there are new projects to be added to the list; $5,000-$7,000 in the budget for the El Sobrante stroll; follow up information on funding for the Task Force to End Gender Based Violence; $200,000 to the Fire department for the Pilot Project for Home Hardening; a full time prosecutor for the City; CPR and natural disaster training for the Community Emergency Response Team (CERT); more personnel in the Office of Emergency Services; filling of vacant positions in Public Works Operations and Maintenance, Code Enforcement, and the Community Crisis Response Program (CCRP); clarification on the budgeted amount of funds for paving; line by line information on the funding sources used for paving; the addition of information regarding the number of staff per Fiscal year to the presentation slide showing draft historical staffing costs (all funds); clarification regarding which budgeted festivals are actually active; information on which department absorbs the budget for Arbor Day and Taste of Richmond events; information on the amount of funds budgeted for the Juneteenth, Pride, Fiestas Patrias and Cinco de Mayo festivals; clarification on whether the Ciclovia is included in the festivals budget; clarification on which events in the festivals budget are City run versus only receive funds; more information on which schools are included in the Lincoln Safe Routes to School Program; the addition of Washington Elementary School to the Lincoln Safe Routes to School Program; a priority position list for the Council to review and provide direction; monthly check-ins regarding the vacancy rate; and clarification on the difference between the vacancy rate and vacancy savings rate.
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Cordell Hindler, Michelle Hayes, Bryan Harris, and Jamin Pursell gave comments in person. Roxanne Garza, Keycha Gallon, Kevin Tisdell, Mayeli Rico, and Linda Whitmore gave comments via teleconference.

X. PUBLIC HEARINGS
X.1 Denial of the Appeal of the Encroachment Permit for Up and Under Patio Parklet
ADOPT a resolution denying the appeal and upholding the City Engineer’s denial of encroachment permit application EN23-00746 submitted by Nathan Trivers, owner of Up & Under Pub & Grill, to maintain a patio-parklet at 2 West Richmond Avenue, based on the findings and analysis contained in this staff report and the supporting exhibits – Public Works Department (Andy Cho 510- 620-6547/Robert Armijo 510-620-5477).

City Clerk Pamela Christian announced that pursuant to public notice that it was time to hold a public hearing to adopt a resolution denying the appeal and upholding the City Engineer’s denial of encroachment permit application E23- 00746.

Deputy Director of Public Works Robert Armijo introduced the item. Mr. Armijo presented a PowerPoint. Link to view presentation: Up and Under Encroachment Permit
Mayor Martinez opened the public hearing. Appellant Nathan Trivers gave a statement. Mr. Armijo gave a statement. Mr. Trivers gave a rebuttal statement.

Cordell Hindler and Mark Wassberg gave comments in person. Philip Rosenthal gave comments via teleconference. Mr. Trivers gave a rebuttal statement. Mr.

Armijo gave a rebuttal statement. Mayor Martinez closed the public hearing.

Discussion ensued.

Motion by Vice Mayor Cesar Zepeda
Seconded by Councilmember Jamelia Brown
To approve the recommended action.

Ayes (7): Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda, and Mayor Eduardo Martinez.

Passed
Adopted Resolution No. 77-25
Y. NEW BUSINESS
Y.1 Allocate Shortfall Funding to Harbour 8 Park Expansion Project DIRECT City staff to allocate $3,000,000 in the Fiscal Year 2025-26 Budget and Five-Year Capital Improvement Plan for Fiscal Years 2025-26 through 2029-2030 for the Harbour 8 Park Expansion Project, contingent upon:
 Execution of a formal Memorandum of Understanding (MOU) between the City of Richmond and Pogo Park;
 Submission of the original and revised project budgets, including lineitem detail for each cost overrun, broken down by change order number;  Resolution of the kitchen scope and identification of its dedicated funding source;
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 Confirmation that all applicable grant deadlines can still be met; and  A formal meeting between City staff and the Pogo Park Board to review and align on project roles, responsibilities, and expectations for this Cityowned property.

If these conditions go unmet by October 31, 2025, funds may be reallocated pending further Council action - Councilmember Jamelia Brown (510-609- 5780)/Vice Mayor Cesar Zepeda (510-685-5002).

Vice Mayor Zepeda and Councilmember Brown introduced the item. Pogo Park Executive Director Toody Maher gave background information on the item and presented a PowerPoint. Link to view presentation: Harbour 8 Expansion Project
Cheryl Maeier, James Anderson, Kia Walton, Bruce Yamamoto, and Antwoin Cloird gave comments in person. Emily Ross and Linda Whitmore gave comments via teleconference. Discussion ensued.

Motion by Councilmember Soheila Bana
Seconded by Councilmember Jamelia Brown
To approve the item.

Ayes (7): Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda, and Mayor Eduardo Martinez.

Passed
Y.2 Establish the Black Resiliency Project and Fund
DIRECT City staff to work with the City Council to allocate approximately $1.5 million for the development of a “State of Black Richmond” report; and to support the implementation of a Black Resiliency Project and Fund from the Fiscal Year 2025-26 General Fund Budget to address inequities and disproportionate impacts experienced by residents of African descent – Councilmember Doria Robinson/Councilmember Claudia
Jimenez/Councilmember Sue Wilson (510-620-6743).

Councilmember Robinson introduced the item. Councilmember Robinson and Councilmember Jimenez gave background information on the item and the intended outcome. Antwoin Cloird, Mark Wassberg, Don Gosney, and Jamin Pursell gave comments in person. Zelon Harrison, Linda Whitmore, Jovanka Beckles, BK Williams, John, Michelle Milam, and Lori Hart gave comments via teleconference. Discussion ensued.

Councilmember Wilson made a motion,seconded by Councilmember Jimenez, to direct City staff to work with the City Council to allocate $1.5 million for the development of a “State of Black Richmond” report and to support the implementation of a Black Resiliency Project and Fund from the Fiscal Year 2025-26 General Fund Budget to address inequities and disproportionate impacts experienced by residents of African descent. Councilmember Robinson offered a friendly amendment to include that any implementation of the Black Resiliency fund was in compliance with Proposition 209. The amendment was accepted.

Councilmember Brown offered a friendly amendment to include the Race Equity Officer position in the $1.5 million allocation. The friendly amendment was not accepted by the maker of the motion.

Motion by Councilmember Sue Wilson
Seconded by Councilmember Claudia Jimenez
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To direct City staff to work with the City Council to allocate $1.5 million for the development of a “State of Black Richmond” report and to support the implementation of a Black Resiliency Project and Fund from the Fiscal Year 2025-26 General Fund Budget to address inequities and disproportionate impacts experienced by residents of African descent. In addition, to make sure that any implementation of the Black Resiliency fund was in compliance with Proposition 209.

Ayes (7): Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda, and Mayor Eduardo Martinez.

Passed
Y.3 Develop and Launch a 6-month Pilot Program working-titled, “Clean Richmond” Community Maintenance Crews
DIRECT staff to identify a funding source, and issue an Request for Proposals (RFP) to identify a nonprofit partner to launch a 6-month pilot program workingtitled “Clean Richmond” Community Maintenance Crew, which will hire, train, and deploy Richmond residents to support daily cleanliness, blight reduction, and beautification of public spaces, particularly in underserved neighborhoods, and report back to City Council with quarterly progress updates – Councilmember Jamelia Brown (510-412-2050).

This item was continued to the June 24, 2025, meeting.

Y.4 Allocation of $6,000 to Support the 2025 Juneteenth Celebration APPROVE a one-time appropriation of $6,000 to support the 2025 Juneteenth Celebration, which will assist with key components of the event—including youth-centered activities, community engagement, and cultural programming - Councilmember Jamelia Brown (510-412-2050). This item was continued from the June 3, 2025, meeting.

This item was moved to the consent calendar and approved.

Y.5 Select and Adopt an Official Tree of the City of Richmond DISCUSS with City Council and PROVIDE DIRECTION to work with the sponsors of this item and the Urban Forest Advisory Committee to create a list of native trees, draft and publish an online survey, conduct survey outreach to collect votes from Richmond residents, report back on its findings to City Council by the first meeting in October and no later than Arbor Day, the third Wednesday of October, to announce the winner, and APPROPRIATE up to $5,000 towards any cost associated with the creation of the City of Richmond Official Tree Survey and survey outreach and promotion, purchasing and planting new tree at Civic Center on Arbor Day - Vice Mayor Cesar Zepeda (510-620-6593)/Councilmember Doria Robinson (510-620-6568)/Mayor Eduardo Martinez (510-620-6503).

This item was continued to the June 24, 2025, meeting.

Y.6 Approval of Richmond’s Membership Fee Contribution to the East Bay Wildfire Coalition of Governments (EBWC)
APPROPRIATE the City of Richmond’s membership fee contributions of $3,250 for Fiscal Year 2025–2026 and $5,000, for Fiscal Year 2026–2027 for the East Bay Wildfire Coalition (EBWC) supporting the Coalition’s regional wildfire prevention, preparedness, and resilience activities - Councilmember Soheila Bana (510-672-3490).

This item was moved to the consent calendar and approved. 242
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Y.7 Visibility, Preservation and Protection of City-Owned Historic Buildings and Historically Significant Locations
DIRECT City staff to work with the Historic Preservation Commission and community groups to:
 Formalize and publicly share a verified list of city-owned historic buildings and historically significant locations.
 Create a process to accept nominations, review and if warranted, install commemorative signage on City-owned historic structures and important locations of cultural memory (e.g., the former site of the International Hotel). Additionally, the City should offer to coordinate and assist with the installation of plaques or historical markers for privately owned historic buildings and sites, provided the property owners are willing. This will help commemorate important places regardless of ownership and ensure the community's history remains visible and celebrated.  Develop and implement basic preservation measures to protect city-owned historic buildings from vandalism and fire damage.
 Explore grant and partnership opportunities to support preservation efforts, with support from the Historic Preservation Commission and local history organizations.
 Create a staff led and City Council approved process to evaluate whether any of the identified historic buildings require additional site-specific protection measures that would involve new budget allocations. Rather than mandating uniform maintenance rules, evaluate each structure’s preservation needs individually, based on historical significance, community interest, and available resources.
 Provide a status update to the City Council within 180 days on progress made, challenges encountered, and next steps for implementation - Councilmember Soheila Bana (510-672-3490)/Councilmember Doria Robinson (510-672-1387).

This item was continued to the June 24, 2025, meeting.

Y.8 Development of Ordinance to Ban Land Grab Practices and Promote Housing Accessibility
DIRECT City staff to study federal and state legislation regarding land grab practices by for profit corporations and investors and return to the City Council within 180 days with recommendations regarding the viability of enacting a local ordinance, at which time the City Council may decide whether to direct staff to draft an ordinance - Councilmember Soheila Bana (510-672-3490). This item was continued from the May 27, and June 3, 2025, meetings. (FOR PUBLIC

COMMENT AND COUNCIL DELIBERATION ONLY)
This item was withdrawn to come back at a later date as a new item.

Z. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) The item was not heard.

AA. ADJOURNMENT
There being no further business, the meeting adjourned at 11:00 p.m. in honor of Saeed Muhammad Savayat to meet again on June 24, 2025, at 5:00 p.m. 243
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Clerk of the City of Richmond Mayor
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RICHMOND, CALIFORNIA, June 24, 2025
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 3:33 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

Present: Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, and Mayor Eduardo Martinez. Absent: Vice Mayor Cesar Zepeda arrived after the roll was called.

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

C.2 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
 Property: Point Molate (site of former Naval Shipyard Depot) Agency Negotiator: Dave Aleshire
Negotiating Parties: East Bay Regional Park District & Tribe & Upstream Pt. Molate LLC
Under negotiation: Price and terms of payment
 Property: 1414 Harbour Way South
Agency Negotiator: Dave Aleshire, City Attorney
Negotiating Parties: Orton Entertainment, LLC
Under Negotiation: Price, Terms of Payment
C.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Melchor v. City of Richmond
• City of Richmond et al. v. Royal Bank of Canada et al., • Winehaven v. City of Richmond
• Guidiville Rancheria of California, et al. v. United States of America, et al.

C.4 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government
Code Section 54957)
• Title: City Attorney
C.5 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9)  One case
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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 3:36 p.m. Closed Session adjourned at 5:06 p.m.

F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
The Special Meeting of the Richmond Housing Authority was called to order at 5:08 p.m. by Chairperson Eduardo Martinez.

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

H. ROLL CALL

Present: Commissioners Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Tenant Commissioner Jaycine Scott, Vice Chairperson Cesar Zepeda, and Chairperson Eduardo Martinez. Absent: None.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
None.

K. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Chairperson Eduardo Martinez, seconded by Tenant Commissioner Jaycine Scott to approve Item K.1 (Rental Assistance Demonstration (RAD) Program Application for Nystrom Village) passed by a unanimous vote.

K.1 Rental Assistance Demonstration (RAD) Program Application for Nystrom Village
ADOPT a resolution authorizing the Richmond Housing Authority (RHA) to submit a Rental Assistance Demonstration (RAD) application and any Section 18 Disposition application elements required to support a RAD/Section 18 Blend to the U.S. Department of Housing and Urban Development (HUD) for Nystrom Village - Richmond Housing Authority (Antoinette Terrell/Nannette J. Beacham 510-620-8764).

Adopted Resolution No. 2215
L. ADJOURNMENT
The meeting adjourned at 5:10 p.m.

M. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 5:10 p.m. by Mayor Eduardo Martinez.

N. ROLL CALL

Present: Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda and Mayor Eduardo Martinez. Absent:

None.
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O. STATEMENT OF CONFLICT OF INTEREST
Councilmember Robinson reported a conflict of interest with the portions of Item U.1 (Adopt Fiscal Year (FY) 2025-26 Operating Budget and FY 2025-26 to FY 2029-30 FiveYear Capital Improvement Plan) related to the Transformative Climate Communities Grant and the collaboration between the City and Rich City Rides. She announced she would recuse herself from any discussion during the item related to either subject.

P. AGENDA REVIEW
Item W.8 (Visibility, Preservation and Protection of City-Owned Historic Buildings and Historically Significant Locations) was continued to the July 1, 2025, meeting.

Item W.7 (Select and Adopt an Official Tree of the City of Richmond) was moved to the consent calendar.

Item W.1 (Presentation from the Bay Area Air Quality Management District (BAAQMD) on the Air District’s Community Investments) was moved up to be heard after Item U.1 (Adopt Fiscal Year (FY) 2025-26 Operating Budget and FY 2025-26 to FY 2029-30 FiveYear Capital Improvement Plan).

Item T.1.a (Amendments to Richmond Municipal Code Chapter 3.54 to add training component) was pulled from the consent calendar for discussion. Item T.1.a was moved up to be heard as the first item under the Study and Action Session.

There was a correction to item W.2 (New Solid Waste Collection Agreement with Richmond Sanitary Sewer Services). The following correction was made to the title: New Solid Waste Collection Agreement with Richmond Sanitary Sewer Services Q. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
Item C.1 (liability claims) was not discussed.

Item C.2 (real property negotiations) Point Molate was not discussed. There was a status report provided on 1414 Harbour Way South and directions were given for further negotiations.

Item C.3 (existing litigation) Melchor v. City of Richmond status report was provided; no reportable action was taken. The other items were not discussed.

Item C.4 (public employee performance evaluation) was discussed. No reportable action was taken.

Item C.5 (anticipated litigation) status report was given. No reportable action was taken.

R. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl provided a report. Link to view report: City Manager's Report S. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
The following individuals gave comments in person:

Cordell Hindler gave comments regarding the conduct of the council at the June 17, 2025, City Council meeting. He also distributed a strategic plan, and he requested that the council invite the new school superintendent to speak at a future council meeting. 247
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Larry Lewis gave comments regarding the Richmond Police Activities League, soccer activities, and Richmond SOL.

Diego Garcia gave comments of appreciation for the youth members of the Richmond SOL Soccer Program and its coaches. Mr. Garcia requested support from the council to continue the efforts of the program.

Robert Stevens thanked the council for its consideration of item T.10.f (Resolution Approving On-Call Contracts with GHD, Kimley-Horn, Fehr & Peers, W-Trans and CSWST2 for Transportation Design Services).

Mark Wassberg gave comments regarding recent events in the news.

Kevin Tisdell gave comments regarding item T.2.a (Appropriation of funds and Restated Contract Services Agreement for City Attorney Services with Aleshire & Wynder, LLP (A&W)) and advocated that the position of city attorney should be an in-house city staff position.

Jamin Pursell gave comments regarding a recent Silence the Violence event hosted by Faith in Action, and he also invited everyone to Pride Month closing with the Bay Area Derby Girls skating event at the Richmond Memorial Auditorium - Saturday, June 28, 2025, at 4 p.m. for youth and 6 p.m. for adults. He also expressed his pleasure with the City naming an official tree.

Sheila Williams gave comments regarding the needs of City employees and encouraged the council to take care of its employees.

Kathleen Sullivan gave comments regarding council conduct and encouraged the council to speak behind closed doors to work on differences. She also encouraged the council to take care of its City employees.

Sue Wilson gave comments regarding Item T.8.b (Contract with Trust for Public Land to Support the Design of the Martin Luther King, Jr. Park) and thanked staff for making sure that the design of the MLK Park was moving forward.

The following individuals gave comments via teleconference:

John Varga gave comments regarding item T.2.a (Appropriation of funds and Restated Contract Services Agreement for City Attorney Services with Aleshire & Wynder, LLP (A&W). Mr. Varga advocated for the position of City Attorney to move in-house.

Marilyn Saarnic gave comments thanking Fire Chief Osorio and staff and Public Works staff for their assistance with the Firewise Demo Garden.

T. 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 Soheila Bana
Seconded by Vice Mayor Cesar Zepeda
To approve all items on the consent calendar including Item W.7 (Select and Adopt an Official Tree of the City of Richmond) and excluding Item T.1.a (Amendments to Richmond Municipal Code Chapter 3.54 to add training component).

Passed by the following vote: Ayes: Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda and Mayor Eduardo Martinez. Noes: None. Abstentions: None. Absent: None. 248
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T.1 City Attorney's Office
T.1.a Amendments to Richmond Municipal Code Chapter 3.54 to add training component
INTRODUCE an ordinance (first reading) amending Richmond Municipal Code Chapter 3.54 entitled “Community Police Review Commission” by adding Section 3.54.110 to establish a training program for commissioners of the Community Police Review Commission – City Attorney’s Office (Dave Aleshire 510-620-6509).

City Attorney Dave Aleshire introduced the item and gave background information. Discussion ensued.

Jamin Pursell gave comments in person. Marisol Cantu, Raymond Wendell, Carmen Martinez, Andrew Melendez, and Benjamin Therriault gave comments via teleconference.

The Council requested and/suggested the following: specificity on the amount of required annual training hours; training for the Council; making retraining an annual requirement of at least eight hours; to have trainees visit the 911 call center; to hold the trainings in person; and to require a shorter time frame to complete the required training.

Councilmember Claudia Jimenez made a motion to approve the recommended action with an amendment that commissioners be required to complete the mandatory training within 90 days. Councilmember Doria Robinson seconded the motion and offered a friendly amendment to direct staff to explore providing a stipend for the eight hours of mandatory training. The maker of the motion accepted the friendly amendment.

Councilmember Jamelia Brown offered a friendly amendment to shorten the time required to complete the training to 30-60 days. The friendly amendment was not accepted.

Councilmember Robinson offered a friendly amendment to change her initial friendly amendment to the following: to direct the city manager to explore and implement a stipend program, explicitly for the eight hours of mandatory minimum training in an amount not to exceed $10,000, to be based on other stipend programs for like commissions. The change was accepted.

A motion by Councilmember Claudia Jimenez, seconded by
Councilmember Doria Robinson, to approve the recommended action with an amendment that commissioners be required to complete the mandatory training within 90 days. Additionally, to direct the city manager to explore and implement a stipend program, explicitly for the eight hours of mandatory minimum training in an amount not to exceed $10,000, to be based on other stipend programs for like commissions passed by the following vote: Ayes: Councilmembers Claudia Jimenez, Doria Robinson, Sue Wilson, and Mayor Eduardo Martinez. Noes: Councilmembers Jamelia Brown, Soheila Bana, and Vice Mayor Cesar Zepeda.

Abstentions: None. Absent: None.

T.2 City Council
T.2.a Appropriation of funds and Restated Contract Services Agreement for City Attorney Services with Aleshire & Wynder, LLP (A&W)
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APPROVE a Restated Contract Services Agreement for City Attorney Services with Aleshire & Wynder, LLP for Fiscal Year 25-26 costing approximately $400,000 per quarter for a total contract amount not to exceed $800,000 and APPROPRIATE $400,000 from the General Fund for Fiscal Year 24-25 for a total annual contract for Fiscal Year 24-25 not to exceed $1,479,626.48 – Mayor’s Office (Mayor Eduardo Martinez 510- 620-6503)/Councilmember Claudia Jimenez(510-620-
6565)/(Councilmember Doria Robinson (510-620-6568).

T.3 Community Development
T.3.a On-Call Vendor List for Services in Support of Unhoused Richmond Residents
ADOPT a resolution approving eight (8) vendors to provide on-call homeless services, on an as needed basis, for an amount not to exceed $3,000,000 per vendor, for a term beginning July 1, 2025, to June 30, 2026, with an additional one-year optional extension - Community Development Department (Lina Velasco/Jesus M. Morales 510-620-6649).

Adopted Resolution No. 78-25
T.3.b Intracity Service Agreement Between the City of Richmond Community Development Department, Library, and Employment & Training Division for Encampment Resolution Funding Grant Services
APPROVE a two-year Intracity Service Agreement between the City of Richmond Community Development Department, Library, and Employment & Training Division to obligate and appropriate Encampment Resolution Funding Round 3 funds received from the California Interagency Council on Homelessness part of the California Business, Consumer Services and Housing Agency to provide specified services for ERF-3R clients related to program management and coordination, literacy and GED support, income development, job placement, and vocational training – Community Development Department (Lina Velasco 510-620-6841/Jesus Morales 510-620- 6649/Catherine Casimere 510-620-6764).

T.3.c Sole Source Contract with Contra Costa Health’s Health, Housing, and Homelessness Services Department for ERF–3R Project
APPROVE a sole-source contract with Contra Costa Health’s Health, Housing, and Homelessness Services Department to provide project management and support services for people living in ERF-3R eligible encampments onto paths to safe and stable housing and employment opportunities, for a total contract amount not to exceed $4,403,705, and a term extending through June 30, 2027 - Community Development (Lina Velasco/Jesus M. Morales 510-620-6649).

T.4 Economic Development
T.4.a Resolution to Contract for 2025 Dredging at Terminal 2, Berth’s 7 and 8 of Point Potrero Marine Terminal, and the Marina Bay Yacht Harbor ADOPT a resolution and AUTHORIZE the city manager or their designee to execute a contract agreement of up to $5.8 million with the lowest, responsive, and responsible bidder for maintenance dredging at Terminal 2, the Point Potrero Marine Terminal Berths 7 and 8, and the Marina Bay 250
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Yacht Harbor, for a term ending June 30, 2026 - Economic Development Department/Port (Charles Gerard 510-620-6792).

Adopted Resolution No. 79-25
T.5 Finance Department
T.5.a Fiscal Year 2025-26 Appropriations Limit
ADOPT a resolution approving the Fiscal Year 2025-26 appropriations limits for the City of Richmond pursuant to Article XIIIB of the Constitution of the State of California – Finance Department (Andrea Miller 510-620-6790/Mubeen Qader 510-412-2077).

Adopted Resolution No. 80-25
T.5.b Contract with Meeder Public Funds, Inc. for Investment Management and Advisory Services
APPROVE a piggyback contract with Meeder Public Funds, Inc. in an amount not to exceed $465,000 to provide Investment Management and Advisory Services, over a three-year term from July 1, 2025, through June 30, 2028, with an option to extend the contract an additional two years – Finance Department (Andrea Miller 510-620-6790/ Mubeen Qader 510- 412-2077/Jerry Gurule 510-620-6591).

T.5.c Quarterly Garbage Liens
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) Adopted Resolution No. 81-25
T.5.d Investment Policy Update
RECEIVE Investment Policy Certification from the California Municipal Treasurers Association (CMTA) and ADOPT a Resolution updating the City of Richmond Investment Policy incorporating additional CMTA recommendations – Finance Department (Andrea Miller 510-620- 6740/Mubeen Qader 510-412-2077/Jerry Gurule 510-620-6591).

Adopted Resolution No. 82-25
T.5.e Contract with Nicolay Consulting Group to Provide Actuarial Services.

APPROVE a contract with Nicolay Consulting Group for actuarial services required for the Closed Pension Plans and the Other Post Employment Benefit Plans, in an amount not to exceed $56,800 over a three-year term, beginning July 1, 2025, and ending June 30, 2028, with two one-year extension options – Finance Department (Andrea Miller 510-620-6740/Mubeen Qader 510-412-2077/Jerry Gurule 510-620-6591).

T.6 Fire Department
T.6.a Memorandum of Understanding (MOU) to Develop a Firewise Demonstration Garden at Fire Station 63
ADOPT a resolution to AUTHORIZE the city manager to execute a threeyear Memorandum of Understanding (MOU) between the City of Richmond, The Regents of the University of California, and West Contra Costa Fire Safe Council to support and maintain a Firewise Demonstration 251
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Garden at Fire Station 63 – Fire Department (Chief Aaron Osorio 510- 307-8021).

Adopted Resolution No. 83-25
T.6.b Contract Amendment No. 2 with Matrix Consulting Group APPROVE the second amendment to the contract with Matrix Consulting Group to increase the limit by $35,000, for a total contract amount not to exceed $74,500, and provide further analysis to develop Community Risk Assessment and Standards of Cover – Fire Department (Chief Aaron Osorio 510-307-8021/Deputy Chief Rico Rincon 510-307-8041).

T.7 Information Technology
T.7.a Contract with Tyler Technologies, Inc. for the MUNIS Enterprise Resource Planning (ERP) System
APPROVE a contract with Tyler Technologies, Inc., subject to additional revisions as approved by the City Attorney’s Office, for Software as a Service (SaaS) for the MUNIS Enterprise Resource Planning (ERP) System for license use of Financial and Human Resources software for a term of five years, or sixty (60) months, with the amount of $654,102 for year one, and an additional one-time implementation cost of $253,800 that can be used at any time, for a total year-one FY2025-26 amount of $907,902. Annual recuring costs will increase by 5 percent each following year, for a total five-year (5) cost including the additional one-time cost not to exceed $3,868,126 - Information Technology Department (Sue Hartman 510-620-6874).

T.8 Library and Community Services
T.8.a Sole-source Contract with LCPtracker for Cloud-based Labor Compliance Monitoring System
APPROVE a sole-source contract with LCP Tracker, a web-based labor compliance monitoring system to track compliance with City of Richmond’s Local Employment Program Ordinance and Business Opportunity Ordinance, with a payment limit of $27,999, with a term beginning July 1, 2025, and ending June 30, 2026 – Community Services Department (Tamara Walker 510-307-8006/LaShonda White 510-620- 6828).

T.8.b Contract with Trust for Public Land to Support the Design of the Martin Luther King, Jr. Park
APPROVE a contract with Trust for Public Land to support the redesign of Martin Luther King Jr. Memorial Park in the amount of $75,000, funded by a Hellman Foundation grant, for a term beginning July 1, 2025, through March 31, 2026 – Community Services Department /Public Works Department (LaShonda White 510-620-6828/Josef Munoz 510- 620-6671).

T.8.c Contract with First Student, Inc. for Multi-Year Summer Camp Bus Transportation Services
APPROVE a three-year contract with First Student, Inc. to provide bus transportation services for the Summer camp excursions in an amount not to exceed $65,000, and for a term beginning July 1, 2025, and ending December 31, 2027 – Community Services Department (LaShonda White 252
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510-620-6828/Ranjana Maharaj 510-620-6972/Troy Porter 510-620- 6822).

T.8.d Purchase Walking Floor Scrubber from Waxie Sanitary Supply APPROVE a purchase with Waxie Sanitary Supply for an intelligent cleaning equipment walking-floor scrubber for the Richmond Memorial Auditorium in an amount not to exceed $12,536.65 - Community Services Department (Kymberlyn Carson-Thrower 510-620-6789/ Ranjana Maharaj 510-620-6972/LaShonda White 510-620-6512).

T.9 Police Department
T.9.a Crime Report from Police Chief
RECEIVE a written crime report from the Police Chief - Police Department (Chief Bisa French 510-621-1802).

T.10 Public Works
T.10.a Contract for the Purchase of 12 Fleet Vehicles from Folsom Lake Ford APPROVE a contract with Folsom Lake Ford to purchase twelve (12) 2025 Ford Interceptors for a total payment limit of $936,000, with a term beginning July 1, 2025, and expiring May 10, 2026 – Public Works Department (Darin Fitzpatrick 510-231-3044/Daniel Chavarria 510-620- 5478).

T.10.b Contract with GHD and NEXGEN for Asset Inventory, Condition Assessment, and Customized Management System
ADOPT a resolution to APPROVE a three-year contract beginning July 1, 2025, through June 30, 2028, with GHD for asset inventory, condition assessment, and development of a 5-Year Capital Improvement Plan for City buildings and parks amenities in an amount not to exceed $1,250,000, and a not-to-exceed amount of $500,000, in the subsequent years, with two one-year extension options in an amount not-to-exceed $500,000 and APPROVE a three-year contract beginning July 1, 2025, through June 30, 2028, with NEXGEN for further development of, and annual subscriptions to, a customized asset management system in an amount not to exceed $500,000, annually, with two one-year extension options in an amount not-to-exceed $500,000 – Public Works Department (Daniel Chavarria 510-620-5478/Tawfic Halaby 510-620-5482).

Adopted Resolution No. 84-25
T.10.c Contract Amendment No. 1 with Azul Works, Inc. for the Shields-Reid Park Improvement Project
ADOPT resolution and APPROVE the first amendment to the contract with Azul Works, Inc. to increase the construction contingency for the Shields-Reid Park Improvement Project by $400,000, from $408,824 to $808,824, for a revised total payment limit of $4,897,064.31, and AUTHORIZE the public works director to approve change orders within this amended amount – Public Works Department (Darcie DeLashmutt 510-672-3944/Robert Armijo 510-620-5477).

Adopted Resolution No. 85-25
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T.10.d Purchase Two (2) Ford Transit Vans from Mind OC
ADOPT a resolution and APPROVE a sole-source purchase of two (2) Ford Transit Vans from Mind OC with a payment limit of $125,000, which includes a $20,000, contingency for taxes, licensing fees, and transport – Public Works Department (Darin Fitzpatrick 510-231-3044/Daniel Chavarria 510-620-5478).

Adopted Resolution No. 86-25
T.10.e Construction Agreement with C. Overaa & Co. for Curb and Concrete Repair
ADOPT a resolution approving a construction agreement with C. Overaa & Co. for the 2025 Curb Ramp Construction, Americans with Disabilities Act (ADA) Sidewalk, and Miscellaneous Concrete Repair Project in an amount not to exceed $1,547,000; and AUTHORIZE the director of public works to approve change orders, if necessary, for a contingency amount of up to $309,400 (20 percent), for a total not-to-exceed amount of $1,856,400 – Public Works Department (Dan Santos 510-620-6645/Robert Armijo 510-620-5477).

Adopted Resolution No. 87-25
T.10.f Resolution Approving On-Call Contracts with GHD, Kimley-Horn, Fehr & Peers, W-Trans and CSWST2 for Transportation Design Services ADOPT a resolution awarding five on-call contracts for transportation design services and extensions to the following consultants—GHD, Kimley-Horn & Associates, Fehr & Peers, W-Trans and CSWST2—in an amount not to exceed $1,000,000 per firm, per year, for a three-year term, beginning July 1, 2025, through July 30, 2028, with two optional one-year extensions – Public Works Department (Hillal Hamdan 510-621- 1612/Robert Armijo 510-620-5477).

Adopted Resolution No. 88-25
T.10.g Purchase of Three (3) Frontline Fire Apparatus from Hi-Tech Emergency Vehicle Services
ADOPT a resolution approving a sole-source purchase of one (1) Heavy Rescue Apparatus, one (1) Type 6 Wildland Pumper in the amount of $2,500,000 and one (1) Ladder/Tiller Truck Spartan/LTC 100’ TDA + Hi‐ Tech in the amount of $2,822,273 for use by the Richmond Fire Department for a total amount not to exceed $5,322,273 from HI-Tech Emergency Vehicle Service (HI-Tech EVS) – Public Works
Department/Fire Department (Darin Fitzpatrick 510-231-3044/Chief Aaron Osorio 510-307-8021).

Adopted Resolution No. 89-25
T.10.h Purchase of a Mower from San Mateo Lawn Mower
ADOPT a resolution approving a purchase with San Mateo Lawn Mower for four (4) Toro 6000 Series mowers for a cost not-to-exceed $72,200, to provide more efficient weed abatement services within City rights-of-way – Public Works Department (Darin Fitzpatrick 510-231-3044).

Adopted Resolution No. 90-25
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U. BUDGET SESSION
U.1 Adopt Fiscal Year (FY) 2025-26 Operating Budget and FY 2025-26 to FY 2029-30 Five-Year Capital Improvement Plan
ADOPT resolutions approving: (1) Fiscal Year (FY) 2025-26 Proposed Operating Budget, and (2) FY 2025-26 to FY 2029-30 Proposed Five-Year Capital Improvement Plan Budget – City Manager’s Office/Finance Department (Shasa Curl 510-620-6512/ Nickie Mastay 510-620-6609/ Andrea Miller 510-620- 6790/Mubeen Qader 510-412- 2077).

Director of Finance Andrea Miller introduced the item. Ms. Miller, Human Resources Director Sharrone Taylor, and Assistant Deputy Director of Public Works Josef Munoz presented a PowerPoint. Link to view presentation: Fiscal Year 25-26 Proposed Budget
Cordell Hindler and Bruce Beyaert gave comments in person. Mayeli Rico gave comments via teleconference. Discussion ensued.

The Council requested and/or suggested the following: funding for bathrooms in La Moine Park (also known as Cheese Park); $35,000 for a dog park assessment in District 4; $2,000 from the events budget for the El Sobrante Stroll; a quarterly report on vacancies that also includes the number of hires, promotions, and positions added; more information on the funding source for Police lockers; the hiring of more staff in the Human Resources department; the inclusion of more events held annually in the City on the events/festivals list; and funding towards organizations that address issues of gender violence and gun violence.

Mayor Martinez made a motion, seconded by Vice Mayor Zepeda, to approve the budget as presented. Councilmember Robinson offered a friendly amendment that funds in the amount of $1.5 million be allocated for the Black Resiliency Project from the fleet budget and later replenished during mid-year. The friendly amendment was accepted. Councilmember Jimenez offered a friendly amendment to direct staff to provide quarterly reports on vacancies. The friendly amendment was accepted. Councilmember Bana offered a friendly amendment to include $2,000 annually in the budget for the El Sobrante Stroll. The friendly amendment was not accepted.

The motion by Mayor Eduardo Martinez, seconded by Vice Mayor Cesar Zepeda to approve the budget as presented with the amendment that funds in the amount of $1.5 million be allocated for the Black Resiliency Project from the fleet budget and later replenished during mid-year; in addition, to direct staff to provide quarterly reports on vacancies passed by the following vote: Ayes:

Councilmembers Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda, and Mayor Eduardo Martinez. Noes: Councilmember Soheila Bana. Abstentions: None. Absent: None.

Adopted Resolution No. 91-25 (Fiscal Year 2025-26 Proposed Operating Budget)
Adopted Resolution No. 92-25 (Fiscal Years 2025-26 to 2029-30 Proposed Five-Year Capital Improvement Plan Budget)
V. PUBLIC HEARINGS
V.1 Approval of Engineer’s Report and Intent to Levy Assessments for Hilltop Landscape Maintenance District (HLMD) for Fiscal Year (FY) 2025-2026 HOLD a public hearing; and ADOPT a resolution approving the Engineer’s Report for the Hilltop Landscape Maintenance District (HLMD) for the Fiscal 255
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Year 2025-2026, providing for a three percent increase in annual assessments – Public Works Department (Daniel Chavarria 510-620-5478/Robert Armijo 510- 620-5477/Jason Lacey 510-620-6920).

City Clerk Pamela Christian announced that it was time, pursuant to public notice, to hold a public hearing. Deputy Director of Public Works Robert Armijo introduced the item. SCI Consulting Group representative John Bliss presented a PowerPoint. Link to view presentation: Hilltop Landscape Maintenance District.

Mayor Martinez opened the public hearing. Cordell Hindler gave comments in person. Mayor Martinez closed the public hearing.

Two separate motions were made on the item.

A motion by Vice Mayor Cesar Zepeda, seconded by Councilmember Jamelia Brown, to approve the recommended action, passed by the following vote: Ayes:

Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda and Mayor Eduardo Martinez.

Noes: None. Abstentions: None. Absent: None.

Adopted Resolution No. 93-25
A motion by Vice Mayor Cesar Zepeda, seconded by Councilmember Soheila Bana, to work with staff on creating a community working group of HLMD stakeholders to provide input and guidance on the HLMD and engineer's report, passed by the following vote: Ayes: Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda and Mayor Eduardo Martinez. Noes: None. Abstentions: None. Absent: None.

V.2 Approval of Engineer’s Report and Intent to Levy Assessments for Marina Bay Landscape and Lighting Maintenance District (MBLLMD) for Fiscal Year (FY) 2025-2026
HOLD a public hearing; and ADOPT a resolution approving the Engineer’s Report for the Marina Bay Landscape and Lighting Maintenance District (MBLLMD) for the Fiscal Year 2025-2026, providing for a three percent increase in annual assessments – Public Works Department (Daniel Chavarria 510-620- 5478/Robert Armijo 510-620-5477/Jason Lacey 510-620-6920).

Deputy Director of Public Works Robert Armijo introduced the item. Willdan Financial representative Tony Thrasher presented a PowerPoint. Link to view presentation: Marina Bay Landscape.

Mayor Martinez opened the public hearing. Cordell Hindler gave comments in person. Mayor Martinez closed the public hearing. Discussion ensued.

A motion by Councilmember Sue Wilson, seconded by Mayor Eduardo Martinez, to approve the recommended action, passed by the following vote: Ayes:

Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda and Mayor Eduardo Martinez.

Noes: None. Abstentions: None. Absent: None.

Adopted Resolution No. 94-25
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W. STUDY AND ACTION SESSION
W.1 Presentation from the Bay Area Air Quality Management District (BAAQMD) on the Air District’s Community Investments
RECEIVE a presentation from the Bay Area Air Quality Management District (BAAQMD) on the Air District’s Community Investments - Councilmember Doria Robinson (510-620-6568)/Mayor Eduardo Martinez (510-620-6503) Contra Costa County Supervisor John Gioia introduced the item. Bay Area Air Quality Management District Acting Community Investments Officer Miriam Torres presented a PowerPoint. Link to view presentation: BAAQMD Community Investments.

Jamin Pursell and Kathleen Sullivan gave comments in person. Marisol Cantu, Tarnell Abbott, and Willie Robinson gave comments via teleconference.

W.2 New Solid Waste Collection Agreement with Richmond Sanitary Sewer Services
AUTHORIZE the city manager to execute an agreement with Richmond Sanitary Services inc., a subsidiary of Republic Services inc., for solid waste collection services and a Collection Agreement Side Letter for use of the Rate Stabilization funding; ADOPT a resolution to update the 2025 solid waste collection rates beginning July 1, 2025, until the first rate increase in the new Collection Agreement on January 1, 2027; and APPROPRIATE $500,000 from Fiscal Year 2024-25 to be used in Fiscal Year 2025-26 upon fully executed Collection Agreement and Side Letter – Economic Development Department (Samanatha Carr 510-620-5407).

City Manager Shasa Curl introduced the item. Environmental Manager Samantha Carr presented a PowerPoint. Link to view presentation: New Solid Waste Collection Agreement
Jamin Pursell gave comments in person. Discussion ensued.

A motion by Councilmember Doria Robinson, seconded by Councilmember Jamelia Brown, approved the recommended action by the following vote: Ayes:

Councilmembers Jamelia Brown, Soheila Bana, Claudia Jimenez, Doria Robinson, Sue Wilson, and Mayor Eduardo Martinez. Noes: Vice Mayor Cesar Zepeda. Abstentions: None. Absent: None.

Adopted Resolution No. 95-25
W.3 Update and Approve the Richmond Green-Blue New Deal (GBND) Top-Five Priority Projects over the Next 5 Years.

RECEIVE a written update on the Richmond Green-Blue New Deal project prioritization process and APPROVE the top five priority projects - Economic Development Department (Yahna Williamson 510-620-6574/Samantha Carr 510- 620-5407/ Nannette Beacham 510-620-1306). This item was continued from the June 17, 2025, meeting.

This item was continued to the July 1, 2025, meeting.

W.4 Amendment of the City’s Tobacco Retailers Moratorium RECEIVE a report from staff regarding their findings of potential legacy noncompliant tobacco retailers that meet City Council’s expressed criteria for an exception to the current tobacco retailers moratorium, and CONSIDER whether to INTRODUCE an ordinance Amending Ordinance No. 03-25 as amended that 257
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would allow identified long-time Richmond-based retailers who once held a City tobacco retailers license to obtain such license during the moratorium — Community Development Department/Code Enforcement Division (Lina Velasco/ Eva Mann/Kevin Tisdell 510-621-1283).

Director of Community Development Lina Velasco introduced the item. Ms.

Velasco presented a PowerPoint. Link to view presentation: Tobacco Retailers Moratorium Amendment
Kathleen Sullivan, Jagdeep Singh, Jamin Pursell, and Cordell Hindler gave comments in person.

A motion by Councilmember Doria Robinson, seconded by Councilmember Claudia Jimenez to introduce the ordinance and accept Option 2 passed by the following vote: Ayes: Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda and Mayor Eduardo Martinez. Noes: None. Abstentions: None. Absent: None.

W.5 Develop and Launch a 6-month Pilot Program working-titled, “Clean Richmond” Community Maintenance Crews
DIRECT staff to identify a funding source and issue a Request for Proposals (RFP) to identify a nonprofit partner to launch a 6-month pilot program workingtitled “Clean Richmond” Community Maintenance Crew. The program will prioritize Transitional Age Youth (TAY) and sunset six months after the start date.

During the pilot period, staff will hire four full-time equivalent (FTE) positions in Public Works – Councilmember Jamelia Brown (510-412-2050). This item was continued from the June 17, 2025, meeting.

This item was continued to the July 1, 2025, meeting.

W.6 Presentation from Futuro Health -Healthcare Career Training RECEIVE a presentation from Futuro Health and ADOPT a resolution authorizing the allocation of up to $22,700 from an identified funding source to eliminate financial barriers for up to 100 Richmond residents accepted into Futuro Health career training programs by covering mandatory application, background check, and drug screening fees - Councilmember Jamelia Brown (510-412- 2050)/Councilmember Sue Wilson (510-609-2111).

This item was continued to the July 1, 2025, meeting.

W.7 Select and Adopt an Official Tree of the City of Richmond DISCUSS with City Council and PROVIDE DIRECTION to work with the sponsors of this item and the Urban Forest Advisory Committee to create a list of native trees, draft and publish an online survey, conduct survey outreach to collect votes from Richmond residents, report back on its findings to City Council by the first meeting in October and no later than Arbor Day, the third Wednesday of October, to announce the winner, and APPROPRIATE up to $5,000 towards any cost associated with the creation of the City of Richmond Official Tree Survey and survey outreach and promotion, purchasing and planting new tree at Civic Center on Arbor Day - Vice Mayor Cesar Zepeda (510-620-6593)/Councilmember Doria Robinson (510-620-6568)/Mayor Eduardo Martinez (510-620-6503). This item was continued from the June 17, 2025, meeting.

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W.8 Visibility, Preservation and Protection of City-Owned Historic Buildings and Historically Significant Locations
DIRECT City staff to work with the Historic Preservation Commission and community groups to:
 Formalize and publicly share a verified list of city-owned historic buildings and historically significant locations.
 Create a process to accept nominations, review and if warranted, install commemorative signage on City-owned historic structures and important locations of cultural memory (e.g., the former site of the International Hotel). Additionally, the City should offer to coordinate and assist with the installation of plaques or historical markers for privately owned historic buildings and sites, provided the property owners are willing. This will help commemorate important places regardless of ownership and ensure the community's history remains visible and celebrated.  Develop and implement basic preservation measures to protect city-owned historic buildings from vandalism and fire damage.
 Explore grant and partnership opportunities to support preservation efforts, with support from the Historic Preservation Commission and local history organizations.
 Create a staff led and City Council approved process to evaluate whether any of the identified historic buildings require additional site-specific protection measures that would involve new budget allocations. Rather than mandating uniform maintenance rules, evaluate each structure’s preservation needs individually, based on historical significance, community interest, and available resources.
 Provide a status update to the City Council within 180 days on progress made, challenges encountered, and next steps for implementation - Councilmember Soheila Bana (510-672-3490)/Councilmember Doria Robinson (510-672-1387). This item was continued from the June 17, 2025, meeting.

This item was continued to the July 1, 2025, meeting.

X. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS) (limited to two minutes per Councilmember) The item was not heard.

Y. ADJOURNMENT
There being no further business, the meeting adjourned at 11:00 p.m., to meet again on July 1, 2025, at 5:00 p.m.

Clerk of the City of Richmond Mayor
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RICHMOND, CALIFORNIA, July 1, 2025
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 3:32 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

Present: Councilmembers Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Mayor Cesar Zepeda, and Mayor Eduardo Martinez. Absent: Councilmembers Jamelia Brown arrived at 3:33 p.m. and Sohelia Bana arrived at 3:37 p.m.

C. CLOSED SESSION
C.1 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.2 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
 Property: Point Molate (site of former Naval Shipyard Depot) Agency Negotiator: Dave Aleshire
Negotiating Parties: East Bay Regional Park District & Tribe & Upstream Pt. Molate LLC
Under negotiation: Price and terms of payment
C.3 LIABILITY CLAIMS (Government Code Section 54956.9)
 Claimant: Terminal One Development, LLC
C.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Lonnie Holmes, et al. v. City of Richmond, et al.

D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
The following individuals gave comments in person: Cordell Hindler, Sheila Williams, Jose Abastida, Henry Powell, Kevin Tisdell, and Stacey Walker. 260
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The following individuals gave comments via teleconference: John Varga, Vincent Ianiello, and Fidencio Morales.

E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 3:46 p.m. The Closed Session adjourned at 5:21 p.m.

F. REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
The Regular Meeting of the Richmond Housing Authority was called to order at 5:24 p.m. by Chairperson Eduardo Martinez.

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

H. ROLL CALL

Present: Commissioners Soheila Bana, Jamelia Brown, Claudia Jimenez, Doria Robinson, Sue Wilson, Vice Chairperson Cesar Zepeda, Chairperson Eduardo Martinez, and Tenant Commissioner Jaycine Scott. Absent: None.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
None.

K. HOUSING AUTHORITY OPEN FORUM
Cordell Hindler gave comments in person.

L. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Vice Chairperson Zepeda
Seconded by Commissioner Bana
To approve Item L.1 on the Housing Authority Consent Calendar Ayes (7): Commissioner Bana, Commissioner Brown, Commissioner Robinson, Commissioner Wilson, Vice Chairperson Zepeda, Chairperson Martinez, and Tenant Commissioner Scott
Absent (1): Commissioner Jimenez
Passed (7 to 1)
L.1 Contract with SWCA Environmental Consultants to perform an Environmental Review of the Richmond Village Property
ADOPT a resolution and APPROVE a contract with SWCA Environmental Consultants to perform a 24 Code of Federal Regulations (CFR) Part 50 Environmental Review of the Richmond Village property for an amount not to exceed $17,500 – Richmond Housing Authority (Antoinette Terrell 510-620-6784/Gregory Palomino 510-621-1361).

Adopted Resolution No. 2216
M. ADJOURNMENT
The meeting adjourned at 5:27 p.m.
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N. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 5:27 p.m. by Mayor Martinez.

O. ROLL CALL

Present: Councilmembers Bana, Brown, Jimenez, Robinson, Wilson, Vice Mayor Zepeda, and Mayor Martinez. Absent: None.

P. STATEMENT OF CONFLICT OF INTEREST
None.

Q. AGENDA REVIEW
The following items were pulled from the Consent Calendar for discussion at the end of the agenda: Items U.1.c (amendments to Richmond Municipal Code Chapter

3.54 to add training component); U.3.a (authorize the city manager to contract for Immigration Legal Services and Public Awareness Campaign); and U.10.b (authorizing an appropriation to fund the Point Molate Bay Trail Project).

City Clerk Pamela Christian announced a correction to the recommended action for Item U.3.a, "Authorize the city manager or their designee to negotiate and execute service agreement(s) as necessary, with a minimum of three qualified fiscal sponsor(s), appropriate agencies, or service providers as necessary to ensure the timely provision of immigration legal services and related support as directed by the City Council on March 4, 2025, for up to $1,000,000."
Mayor Martinez announced changes to Item U.8.a (amending the 2025 Appointments to Committees and Liaison Positions), which included the addition of the following two ad-hoc committees: Point Molate (consisting of Councilmembers Jimenez, Robinson, and Mayor Martinez); and Terminal One (consisting of Councilmember Robinson, Vice Mayor Zepeda, and Mayor Martinez). Both ad-hoc committees would be effective for the rest of the year or until the negotiations presently being heard were addressed.

Motion by Councilmember Wilson
Seconded by Councilmember Jimenez
To move Item U.3.a immediately following the approval of the Consent Calendar.

Ayes (6): Councilmember Bana, Councilmember Brown, Councilmember Jimenez, Councilmember Robinson, Councilmember Wilson, and Vice Mayor Zepeda Noes (1): Mayor Martinez
Passed (6 to 1)
A motion by Councilmember Robinson to move the following items together from New Business to the Consent Calendar failed for the lack of a second: W.4 (visibility, preservation and protection of city-owned historic buildings and historically significant locations) and W.8 (establish a fair, open, and transparent request for proposals process to allocate the annual budget line item for unhoused services).

The council took the following separate actions to move items W.4 (visibility, preservation and protection of city-owned historic buildings and historically significant locations) and W.8 (establish a fair, open, and transparent request for proposals process to allocate the annual budget line item for unhoused services) from New Business to the Consent Calendar:
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Motion by Councilmember Wilson
Seconded by Councilmember Jimenez
To move Item W.4 to the Consent Calendar.

Ayes (6): Councilmember Bana, Councilmember Brown, Councilmember Jimenez, Councilmember Robinson, Councilmember Wilson, and Vice Mayor Zepeda Noes (1): Mayor Martinez
Passed (6 to 1)
Motion by Councilmember Jimenez
Seconded by Councilmember Robinson
To move Item W.8 to the Consent Calendar.

A friendly amendment made by Councilmember Bana to authorize the city manager to allocate travel expenses for two days for three city employees to Haven for Hope (a homeless assistance facility in San Antonio, Texas) was not accepted.

Ayes (6): Councilmember Bana, Councilmember Brown, Councilmember Jimenez, Councilmember Robinson, Councilmember Wilson, and Vice Mayor Zepeda Noes (1): Mayor Martinez
Passed (6 to 1)
Motion by Councilmember Bana
Seconded by Councilmember Brown
To move to the Consent Calendar Item W.10 (allocate $2,000 from the city event budget for the 2025 El Sobrante Stroll).

Ayes (4): Councilmember Bana, Councilmember Brown, Councilmember Robinson, and Vice Mayor Zepeda
Noes (3): Councilmember Jimenez, Councilmember Wilson, and Mayor Martinez Passed (4 to 3)
Motion by Councilmember Bana
Seconded by Councilmember Jimenez
To add an emergency item to the Consent Calendar approving a resolution affirming the rights of naturalized citizens and condemning discriminatory and politically motivated denaturalization actions that threaten constitutional protections.

Ayes (7): Councilmember Bana, Councilmember Brown, Councilmember Jimenez, Councilmember Robinson, Councilmember Wilson, Vice Mayor Zepeda, and Mayor Martinez
Passed (7 to 0)
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Motion by Councilmember Wilson
Seconded by Councilmember Jimenez
To continue Item W.7 (Community Police Review Commission’s slate of recommendations to enhance transparency, strengthen accountability, and increase trust between RPD and community) to the August 19, 2025, City Council meeting.

Ayes (7): Councilmember Bana, Councilmember Brown, Councilmember Jimenez, Councilmember Robinson, Councilmember Wilson, Vice Mayor Zepeda, and Mayor Martinez
Passed (7 to 0)
R. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
City Attorney Dave Aleshire reported the following:

Item C.1 (labor negotiations) was extensively discussed, and direction was given to negotiators. No reportable action.

Item C.2 (real property negotiations) Point Molate was briefly discussed. No reportable action.

Item C.3 (liability claims) Terminal One was briefly discussed. No reportable action.

Item C.4 (existing litigation) was not discussed.

S. REPORT FROM THE CITY MANAGER (public comment was allowed under Open Forum)
City Manager Shasa Curl presented a PowerPoint. Link to City Manager Report S.1 NEW EMPLOYEE REPORT - 1st Tuesday
Director of Human Resources Sharrone Taylor presented a PowerPoint. Link to New Employee Report
T. OPEN FORUM FOR PUBLIC COMMENT
(Public comment on items that remained on the Consent Calendar or items that were not on the agenda was limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council was prohibited.)
The following individuals gave comments in person:

Cordell Hindler requested that the council consider reactivating its standing committees.

Mr. Hindler gave comments regarding decorum on the dais. Mr. Hinder expressed concerns regarding the numerous new business items on agendas and the amount of time staff and presenters waited for items to be heard.

Mark Wassberg gave comments regarding the United States Constitution and immigration laws.

Jamin Pursell expressed appreciation for the auditorium lighting improvements and looked forward to audio improvements. Mr. Pursell suggested utilizing the auditorium for economic development. Mr. Pursell expressed gratitude for the Richmond Library's Rainbow Pride community outreach efforts. Mr. Pursell gave comments in support of due process for non-citizens.

Liz Woods informed the council that she had previously proposed a program similar to Item W.3 (develop and launch a 6-month Pilot program working-titled, “Clean Richmond” Community Maintenance Crews). Ms. Woods stated that she cleaned the 264
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Nevin Plaza Senior Apartments parking lot and outdoor sitting area at her own expense.

Ms. Woods requested monetary donations and acknowledged the city for providing trash containers. Ms. Woods recommended more police presence near Nevin Plaza to address loitering.

Don Gosney expressed concerns regarding the council moving agenda discussion items to the Consent Calendar during the meeting, and how it stifled public comment. Mr.

Gosney gave comments against Item W.10 and investing in other cities.

Bruce Beyaert requested a ruling on when Item U.10.b, which was removed from the Consent Calendar, would be heard on the agenda.

The following individuals gave comments via teleconference:

Dillon Harp announced that Richmond LAND, a Contra Costa community land trust, was leading a community-led housing resource event on August 2, 2025, in collaboration with other affordable housing entities. Additional information was available at www.RichmondLAND.org. Questions regarding sponsorships and partner donations could be directed via email to [email protected].

Rodney Brown invited the community to the 11th Annual Soulful Softball Sunday on August 24, 2025, at Nicholl Park. Mr. Brown encouraged the council to attend the event that would commence with the Third Annual Mayor's Cup Challenge.

U. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar were considered to be routine and noncontroversial. These items were enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item was deemed to have received the action recommended.)
Motion by Councilmember Robinson
Seconded by Councilmember Bana
To approve the items on the Consent Calendar
Including: an emergency item, items W.4, W.8, and W.10
Excluding: items U.1.c, U.3.a, and U.10.b
Ayes (7): Councilmember Bana, Councilmember Brown, Councilmember Jimenez, Councilmember Robinson, Councilmember Wilson, Vice Mayor Zepeda, Mayor Martinez
Passed (7 to 0)
U.1 City Attorney's Office
U.1.a Legal Services Agreement Amendment No. 2 with Stoel Rives, LLP APPROVE a second amendment to the legal services agreement with Stoel Rives, LLP appropriate and adequate representation in future and pending land use and CEQA related litigation (Guidiville/Land Use), in the amount of $65,000 for a total amount not to exceed $75,000, with term ending December 31, 2026 – City Attorney’s Office (Kimberly Chin 510- 620-6709/Shannon Moore 510-620-6509).
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U.1.b Contract Amendment No. 4 to the legal services agreement with Bennett Gelini & Gelini, APC
APPROVE a fourth amendment to the legal services agreement with Bennett, Gelini & Gelini, APC, to increase compensation by $300,000, for a total amount not to exceed $859,990, with term ending December 31, 2027 – City Attorney’s Office (Kimberly Chin 510-620-6709/Shannon Moore 510-620-6505).

U.1.c Amendments to Richmond Municipal Code Chapter 3.54 to add training component
ADOPT an ordinance (second reading) amending Richmond Municipal Code Chapter 3.54 entitled “Community Police Review Commission” by adding Section 3.54.110 to establish a training program for commissioners of the Community Police Review Commission – City Attorney’s Office (Dave Aleshire 510-620-6509).

Continued to the August 19, 2025, City Council meeting.

U.2 City Council
U.2.a Resolution Urging Congress to Assert its Constitutional Authority and Prevent Future Unauthorized Military Action Against Iran ADOPT a resolution urging the United States Congress to assert its constitutional authority by passing a War Powers Resolution that reaffirms its exclusive right to declare war, and to prevent any future unauthorized military action against Iran or any other country; as the resolution also calls for a commitment to diplomacy and expresses solidarity with civilians impacted by conflict in the region, and DIRECT the city clerk to send copies of this resolution to the President of the United States, U.S.

Senators representing California, and all members of the U.S. House of Representatives representing districts in Contra Costa County - Councilmember Soheila Bana (510-672-3490)/Councilmember Doria Robinson (510-620-6568)/Councilmember Claudia Jimenez (510-620- 6565).

Adopted Resolution No. 96-25
U.3 City Manager's Office
U.3.a Authorize the City Manager to Contract for Immigrant Legal Services and Public Awareness Campaign
AUTHORIZE the city manager or their designee to negotiate and execute service agreement(s) as necessary, with qualified fiscal sponsor(s), appropriate agencies, or service providers as necessary to ensure the timely provision of immigration legal services and related support as directed by the City Council on March 4, 2025, for up to $1,000,000 – City Manager’s Office (Shasa Curl 510-620-6512).

Deputy City Manager of Community Services LaShonda White introduced the matter. Discussion ensued. The council requested the vendor application process, and to ensure the authorization allowed for a minimum of three qualified fiscal sponsor(s), appropriate agencies, or service providers. Jamin Pursell gave comments in person. The following individuals gave comments via teleconference: Ben Therriault, Andrew Melendez, Marisol Cantu, Joselyn, LoRayne Reza, and Carolina Avelar. 266
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Motion by Councilmember Bana
Seconded by Councilmember Jimenez
To approve said authorization for a minimum of three qualified fiscal sponsor(s), appropriate agencies, or service providers.

Ayes (7): Councilmember Bana, Councilmember Brown, Councilmember Jimenez, Councilmember Robinson, Councilmember Wilson, Vice Mayor Zepeda, and Mayor Martinez
Passed (7 to 0)
U.3.b ECIA Grant Award Recommendations for Fiscal Year 2025-26 (Category 1, 2 & 4)
APPROVE a recommendation from the Environmental & Community Investment Agreement (ECIA) Grant Review Committee for Fiscal Year 2025-2026 grant awards to 28 organizations in an amount not to exceed $750,000; ADOPT a resolution and AUTHORIZE the city manager to negotiate and execute Grant Service Agreements with approved grantees – City Manager’s Office (Patrick Seals/Nicholas Delgado 510-620-6512).

Adopted Resolution No. 97-25
U.4 Community Development
U.4.a Amendment of the City’s Tobacco Retailers Moratorium ADOPT an ordinance (second reading) amending Ordinance No. 03-25, as amended, to allow identified long-time Richmond-based retailers who once held a city tobacco retailers license to obtain such license during the moratorium — Community Development Department/Code Enforcement Division (Lina Velasco/ Eva Mann/Kevin Tisdell 510-621-1283).

Adopted Ordinance No. 15-25 N.S.

U.5 Economic Development
U.5.a Contract with RDH Building Science, Inc. for Assessment and Preliminary Rehabilitation Plan
ADOPT a resolution and APPROVE a contract with RDH Building Science, Inc. in an amount not to exceed $72,500 to conduct a facility assessment and prepare a preliminary rehabilitation plan for the Processing Building at the Point Potrero Marine Terminal, and AUTHORIZE the city manager or their designee to execute a contract with a term ending June 30, 2026 – Economic Development Department/Port Department (Charles Gerard/510-620-6792).

Adopted Resolution No. 98-25
U.5.b Contract Amendment No. 3 with W.R. Forde and Associates, Inc. for Repairs at Point Potrero Marine Terminal and Canal Boulevard APPROVE a third contract amendment with W.R. Forde and Associates Inc. in the amount of $200,000 for additional essential safety repair improvements and maintenance at the Point Potrero Marine Terminal and Canal Boulevard for a total payment limit of $616,749, with a term ending December 31, 2025 - Economic Development Department/Port 267
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Department/Public Works Department (Charles Gerard 510-620- 6792/Daniel Chavarria 510-620-5478).

U.5.c Contract with GRID Alternatives for Low-Income Solar Installation Services
APPROVE a sole-source contract with GRID Alternatives to continue to provide solar system installations to over 20 low-income households in Richmond in an amount not to exceed $700,000, with a three-year term beginning July 15, 2025, with an option to extend for one year - Economic Development Department (Valerie Li 510-621-1554/Samantha Carr 510- 620-5407/Nannette Beacham 510-621-1306).

U.6 Human Resources
U.6.a Contract with All Star Talent, Inc., for
APPROVE a contract with All Star Talent, Inc. for a term beginning July 1, 2025, to June 30, 2027, and a payment limit of $355,500, to design a robust virtual recruitment and marketing campaign for specialized and hard-to-fill vacancies – Human Resources (Nickie Mastay/Sharrone Taylor 510-620-6602).

U.6.b Resolution to Approve Salary Schedules in Accordance with California Code of Regulations 570.5(a) (2 CCR § 570.5)
ADOPT a resolution amending the salary schedules for all unions to comply with California Code of Regulations, Subchapter 1, Employees’ Retirement System Regulations section 570.5 (a) (2 CCR § 570.5) as required by CalPERS – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

Adopted Resolution No. 99-25
U.6.c Contracts with Bob Murray & Associates and The Byers Group for Recruitment Services
APPROVE a contract with Bob Murray & Associates for the purpose of conducting recruitments for specialized positions with a payment limit of $34,000, and term beginning July 1, 2025, through June 30, 2026, and APPROVE a second amendment to the contract with The Byers Group to increase the payment limit by $25,000, for a total payment limit of $75,000, for as-needed recruitment services - Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

U.6.d Resolution Amending Staffing (Position Control)
ADOPT a resolution amending staffing (position control) to reallocate existing positions to Paratransit Coordinator, Chief Innovation Officer, Project Coordinator (Y-Rate) and Confidential Investigator – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

Adopted Resolution No. 100-25
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U.6.e Amend the Salary Schedule
ADOPT a resolution amending the salary schedule to add the salary range for Community Ambassador and Chief Innovation Officer, Y-rate salary range for Project Coordinator, and title change for Confidential Investigator – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

Adopted Resolution No. 101-25
U.6.f Legal Services Agreement with Meyers Nave for Confidential and Personnel Investigative Services
APPROVE a legal services agreement with Meyer Nave for an amount not to exceed $75,000 and term of July 1, 2025, through June 30, 2027, to conduct confidential and impartial personnel investigations – Human Resources Department/City Attorney’s Office (Nickie Mastay/Sharrone Taylor 510-620-6602/Shannon Moore 510-620-6509).

U.6.g Contract Amendment No. 2 with Set-Up for Success
APPROVE a second contract amendment with Set-Up for Success with a term expiration of June 30, 2026, and an increase to the payment limit of $188,000, for a total amount not to exceed $270,500, and APPROPRIATE funds as required for continued organizational consulting services – Human Resources Department (Nickie Mastay/Sharrone Taylor/Patrick Seals 510-620-6602).

U.7 Library and Community Services
U.7.a Contract with Corovan Moving & Storage Co. to Relocate the Main Library
APPROVE a contract with Corovan Moving & Storage Co. for $49,814.84, with a term beginning July 1, 2025, and ending June 30, 2026, for moving services for relocation of materials from Richmond Main Library at 325 Civic Center Plaza to the temporary library site, and moving services for staff desks to 330 25th Street – Community Services Department (Christopher Larsen 510-620-5524/Kate Eppler 510-620- 5452/LaShonda White 510-620-6828).

U.7.b Purchase of Mobile Shelving for Temporary Civic Center Library APPROVE the purchase of 14 mobile, double-sided display shelves from Demco for a purchase price not to exceed $30,000 — Community Services Department (Christopher Larsen 510-620-5524/Kate Eppler 510- 620-5452).

U.7.c Contract Amendment No. 2 with Charleston Mobility for Electric Bikeshare Operations
APPROVE a second contract amendment with Charleston Mobility in an amount not to exceed $410,000 for a total not to exceed contract amount of $3,150,341, with a term ending September 19, 2028, to support the continued operation of the citywide electric bikeshare program; and APPROPRIATE $410,000 from the Environmental and Community Investment Agreement (ECIA) Transportation budget to cover the cost of the contract amendment – Community Services Department (LaShonda White 510-620-6828/Gabino Arredondo 510-620-6606).
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U.7.d Memorandum of Understanding with Mandated Partners of the America’s Job Centers of California (AJCC) System
APPROVE the Memorandum of Understanding (MOU) between the City and mandated partners of the America’s Job Centers of California system and AUTHORIZE the city manager to execute the MOU – Community Services (Tamara Walker 510-307-8006).

U.8 Mayor's Office
U.8.a Amend the 2025 Appointments to Committees and Liaison Positions AMEND the appointments for the Mayor and Councilmembers to Regional Committees, Ad-Hoc Committees and Liaison Positions for the year of 2025 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

A correction was made during Agenda Review, adding two ad-hoc committees:

Point Molate (Councilmembers Jimenez, Robinson, and Mayor Martinez) Terminal One (Councilmember Robinson, Vice Mayor Zepeda, and Mayor Martinez)
U.8.b Proclamation Honoring the 100th Anniversary of McGlothen Temple Church of God in Christ
PROCLAMATION Honoring the 100th Anniversary of McGlothen Temple Church of God in Christ - Mayor Eduardo Martinez (510-620- 6503)/Vice Mayor Cesar Zepeda/Councilmember Doria Robinson (510- 620-6861).

U.8.c Appointment of Chad DeWitt to the Historic Preservation Commission APPOINT Chad DeWitt to the Historic Preservation Commission, with a term that expires July 31, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

U.9 Police Department
U.9.a Purchase of Air Purifying Respirators from LC Action APPROVE the purchase of air purifying respirators from LC Action for a total amount not to exceed $29,159.54 to ensure the safety and effectiveness operating in environments contaminated with chemical agents – Police Department (Chief Bisa French 510-621-1802).

U.9.b Purchase of Mobile Data Computers and related hardware from Duratech USA, Inc.

APPROVE the purchase of Mobile Data Computers and related hardware for an amount not to exceed $50,000 from Duratech USA, Inc. – Police Department (Chief Bisa French 510-621-1802).

U.9.c Purchase of Public Safety and Tactical Ballistic Safety Equipment from LC Action Police Supply
APPROVE the purchase of public safety and tactical ballistic safety equipment for the Police Department’s Tactical Response Team from LC Action Police Supply in an amount not to exceed $133,415.90 – Police Department (Chief Bisa French 510-621-1802).
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U.10 Public Works
U.10.a Contracts for On-Call Construction Management and Inspection Services ADOPT a resolution authorizing service contracts with five firms for asneeded construction management and inspection services, in an amount not to exceed $3,750,000 per firm, over a three-year period from July 1, 2025, through June 30, 2028, with two optional one-year extension years, for a total amount not to exceed $2,500,000 per firm for the extension period – Public Works Department (Janney Lockman 510-307- 8097/Robert Armijo 510-620-5477).

Adopted Resolution No. 102-25
U.10.b Authorizing an Appropriation to Fund the Point Molate Bay Trail Project ADOPT a resolution authorizing the appropriation of $1,000,000 from the General Capital Fund to fully fund the Point Molate Bay Trail Project – Public Works Department (Robert Armijo 510-620-5477/Darcie DeLashmutt 510-672-3944).

Continued to the August 19, 2025, City Council meeting.

U.11 Rent Program
U.11.a Resolution Establishing the Fiscal Year 2025-26 Residential Rental Housing Fee
ADOPT a resolution establishing the Fiscal Year 2025-26 Residential Rental Housing Fee in the amount of $267.00 per Controlled Rental Unit and $151.00 per Partially Covered Rental Unit – Rent Program (Nicolas Traylor 510-620-6564).

Adopted Resolution No. 103-25
EMERGENCY ITEM (added to the Consent Calendar)
APPROVE a resolution affirming the rights of naturalized citizens and condemning discriminatory and politically motivated denaturalization actions that threaten constitutional protections - Councilmember Sohelia Bana (510-672-3490) and Councilmember Claudia Jimenez (510-620-6565).

Adopted Resolution No. 104-25
V. PUBLIC HEARINGS
V.1 Public Hearing for the Collection of the Sanitary and Storm Fees for Fiscal Year 2025-26
HOLD a public hearing and ADOPT a resolution approving a report of sewer service charges for Fiscal Year 2024-25 allowing for the sanitary and stormwater fees to be collected on the annual 2025-26 tax rolls – Public Works Department (Mary Phelps/Daniel Chavarria 510-620-6594).

City Clerk Pamela Christian announced that it was time, pursuant to public notice, to hold a public hearing. Director of Public Works Daniel Chavarria introduced the matter. Water Resource Manager Mary Phelps gave an oral report. Mayor Martinez declared the public hearing open. There were no public speakers.

Mayor Martinez closed the public hearing. Discussion ensued. 271
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Motion by Councilmember Bana
Seconded by Councilmember Brown
To adopt said resolution for the collection of sanitary and stormwater fees.

Ayes (7): Councilmember Bana, Councilmember Brown, Councilmember Jimenez, Councilmember Robinson, Councilmember Wilson, Vice Mayor Zepeda, and Mayor Martinez
Passed (7 to 0)
Adopted Resolution No. 105-25
W. NEW BUSINESS
W.1 Grand Jury Report No. 2503 Regarding Staffing Challenges Facing the Richmond Police Department
APPROVE the City of Richmond’s response to the 2024- 2025 Contra Costa Civil Grand Jury Report No. 2503 entitled “Staffing Challenges Facing the Richmond Police Department: Diminishing Funds and Fewer Officers” and submittal of the response to the Contra Costa Grand Jury – City Manager’s Office (Shasa Curl 510-620-6512/Bisa French 510-621-1802).

Deputy City Manager of Community Services LaShonda White introduced the matter. Mrs. White and Chief of Police Bisa French presented a PowerPoint.

Link to Responses to Grand Jury Report presentation. The following individuals gave comments in person: Cordell Hindler, Mark Wassberg, and Liz Woods. The following individuals gave comments via teleconference: Julie Salamon, Ben Therriault, Raymond Wendell, Emily Ross, Andrew Melendez, Carmen Martinez, and Marisol Cantu. Discussion ensued. The council suggested modifying the response to finding #F8 regarding the reallocation of Richmond Police Department funds, resulting in the downsizing or elimination of specialized investigative units. The council requested the following: a future report on the quantitative cost difference between recruiting, training, and retaining police officers; attach to the response a list of the police units and positions that decreased as a result of finding #F8; clearly define what the financial shift in finding #F8 did to the Police Department; and communicate more strongly in the city's response, that the findings appeared to be from people who were not elected by Richmond voters that made decisions for how the city spent taxpayers money or the city's approach to public safety in Richmond.

Motion by Councilmember Bana to postpone the response and request an extension died for the lack of a second.

Motion by Councilmember Robinson
Seconded by Councilmember Brown
To approve the report as is with a link to the council's discussion. Link A friendly amendment made by Mayor Martinez, to include in the report statements made by Councilmembers Jimenez and Wilson was not accepted.

Ayes (6): Councilmember Bana, Councilmember Brown, Councilmember Jimenez, Councilmember Robinson, Vice Mayor Zepeda, and Mayor Martinez Noes (1): Councilmember Wilson
Passed (6 to 1)
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W.2 Update and Approve the Richmond Green-Blue New Deal (GBND) Top-Five Priority Projects over the Next 5 Years.

RECEIVE a written update on the Richmond Green-Blue New Deal project prioritization process and APPROVE the top five priority projects - Economic Development Department (Yahna Williamson 510-620-6574/Samantha Carr 510- 620-5407/ Nannette Beacham 510-620-1306). This item was continued from the June 17, 2025, and June 24, 2025, meetings.

Environmental Manager Samantha Carr introduced the matter. Management Analyst Yahna Williamson presented a PowerPoint. Link to Richmond GreenBlue New Deal Update presentation. Cordell Hindler and Jamin Pursell gave comments in person. Discussion ensued. The council requested or suggested the following: an annual reporting process that included the consideration, treatment, and review of emergent project ideas; training and immediate access to the job market related to wildfire home hardening and Zone 0 laws; incorporate zero-emission infrastructure; look into onshore wind; and consider including councilmembers in the acknowledgments.

Motion by Vice Mayor Zepeda
Seconded by Councilmember Brown
To approve the item.

Ayes (5): Councilmember Brown, Councilmember Jimenez, Councilmember Robinson, Vice Mayor Zepeda, and Mayor Martinez
Noes (1): Councilmember Bana
Absent (1): Councilmember Wilson
Passed (5 to 2)
W.3 Develop and Launch a 6-month Pilot Program working-titled, “Clean Richmond” Community Maintenance Crews
DIRECT staff to identify a funding source and issue a Request for Proposals (RFP) to identify a nonprofit partner to launch a 6-month pilot program workingtitled “Clean Richmond” Community Maintenance Crew. The program will prioritize Transitional Age Youth (TAY) and sunset six months after the start date.

During the pilot period, staff will hire four full-time equivalent (FTE) positions in Public Works – Councilmember Jamelia Brown (510-412-2050). This item was continued from the June 17, 2025, and June 24, 2025, meetings.

Councilmember Brown introduced the matter. The following individuals gave comments in person: Pam Saucer, Jamin Pursell, and Cordell Hindler. Arto Rinteela gave comments via teleconference. Discussion ensued. The council requested or suggested the following: incorporate the four Public Works new hires on the timeline; develop a pipeline to full-time employment; consider returning with a plan for a similar program through a combination of Richmond YouthWORKS and Public Works; add to the RFP professional development skills, workshops, and classes that would be part of the program; and provide a definitive timeline.
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Motion by Councilmember Bana
Seconded by Councilmember Brown
To approve the item with the suggestions made to include professional development in the RFP as part of the program.

Ayes (5): Councilmember Bana, Councilmember Brown, Councilmember Jimenez, Councilmember Robinson, and Vice Mayor Zepeda
Noes (2): Councilmember Wilson and Mayor Martinez
Passed (5 to 2)
W.4 Visibility, Preservation and Protection of City-Owned Historic Buildings and Historically Significant Locations
DIRECT City staff to work with the Historic Preservation Commission and community groups to:
 Formalize and publicly share a verified list of city-owned historic buildings and historically significant locations.
 Create a process to accept nominations, review and if warranted, install commemorative signage on City-owned historic structures and important locations of cultural memory (e.g., the former site of the International Hotel). Additionally, the City should offer to coordinate and assist with the installation of plaques or historical markers for privately owned historic buildings and sites, provided the property owners are willing. This will help commemorate important places regardless of ownership and ensure the community's history remains visible and celebrated.  Develop and implement basic preservation measures to protect city-owned historic buildings from vandalism and fire damage.
 Explore grant and partnership opportunities to support preservation efforts, with support from the Historic Preservation Commission and local history organizations.
 Create a staff led and City Council approved process to evaluate whether any of the identified historic buildings require additional site-specific protection measures that would involve new budget allocations. Rather than mandating uniform maintenance rules, evaluate each structure’s preservation needs individually, based on historical significance, community interest, and available resources.
 Provide a status update to the City Council within 180 days on progress made, challenges encountered, and next steps for implementation - Councilmember Soheila Bana (510-672-3490)/Councilmember Doria Robinson (510-672-1387). This item was continued from the June 17, 2025, and June 24, 2025, meetings.

Item W.4 was moved to the Consent Calendar and approved.

W.5 Presentation from Futuro Health -Healthcare Career Training RECEIVE a presentation from Futuro Health and ADOPT a resolution authorizing the allocation of up to $22,700 from an identified funding source to eliminate financial barriers for up to 100 Richmond residents accepted into Futuro Health career training programs by covering mandatory application, background check, and drug screening fees - Councilmember Jamelia Brown (510-412-2050) / 274
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Councilmember Sue Wilson (510-609-2111). This item was continued from the June 24, 2025, meeting.

Councilmember Brown introduced the matter. Rashaad Pritchett, representing Service Employees International Union-United Healthcare Workers, presented a PowerPoint. Link to Futuro Healthcare Opportunities presentation.

Discussion ensued.

Motion by Mayor Martinez
Seconded by Vice Mayor Zepeda
To direct staff to explore a resolution to disperse $22,700 from an identified funding source into healthcare career training programs, and return to the council in September 2025.

Ayes (7): Councilmember Bana, Councilmember Brown, Councilmember Jimenez, Councilmember Robinson, Councilmember Wilson, Vice Mayor Zepeda, and Mayor Martinez
Passed (7 to 0)
W.6 Annual Update on Sidewalk Vending Program
RECEIVE a presentation on the first-year implementation of the City’s Sidewalk Vending Program and PROVIDE direction to staff regarding program priorities and potential revisions to the ordinance – Public Works Department (Andy Cho 510-620-6547/Robert Armijo 510-620-5477).

Deputy Director of Public Works/City Engineer Robert Armijo introduced the matter. 4LEAF Code Enforcement Manager Alejandra Molina and Senior Engineer Andy Cho presented a PowerPoint. Link to Sidewalk Vendor Program Update Report. The following individuals gave comments in person:

Erick Sanchez, Estefany Sanchez, Alan Tellez, Jamin Pursell, and Veronica Martinez. Discussion ensued. The council requested or suggested the following:
staff work with existing vendors to develop criteria for the council's consideration that would enable vendor compliance; vendors and patrons should not utilize private property; resolve vendor location address discrepancies; do not allow vendors to sell to passing vehicles; more clearly define "entrance to a business" and restrict street vendor proximity; there should be no street vending where there was only one brick and mortar for similar products; provide reference to the council's previous recommendations on this matter including feedback from the 23rd Street Merchants Association; explore other locations for street vending similar to The Lot that would allow more days; follow up with the county regarding the permitting process for street food vendors and commercial kitchen use; raise awareness of street vending diversity and inclusivity; reconsider vendor permits near no stopping zones or other businesses and ensure there was parking space for patrons; evaluate how the ordinance effected legacy and existing street vendors; and consider an agreement with vendors for sidewalk damages.

W.7 Community Police Review Commission’s slate of recommendations to enhance transparency, strengthen accountability, and increase trust between RPD and community.

DISCUSS and APPROVE the eight (8) recommendations of the Community Police Review Commission (CPRC), begin a necessary “meet and confer” process with the Richmond Police Officer’s Association, and take next appropriate steps to update the ordinance to expand the CPRC jurisdiction, complaint procedures, 275
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and public access to information, and to increase the CPRC budget – City Attorney’s Office (Dave Aleshire 510-620-6509).

Continued to the August 19, 2025, City Council meeting.

W.8 Establish a fair, open, and transparent RFP process to allocate the annual budget line item for unhoused services.

DIRECT staff to 1) develop, coordinate and facilitate a bi-annual community process for reviewing and providing feedback and setting annual priorities for current city funded unhoused interventions; 2) Develop an RFP process to govern the procurement process for the allocation of unhoused services funds; 3) Develop financial strategy to offer multi-year funding and increase annual funding for unhoused interventions, and 4) Return to City Council with related deliverables listed herein for council review, feedback and approval, by no later than November 4th, 2025, so that implementation can begin by no later than January 31, 2026 - Councilmember Doria Robinson (510-620-6568), Councilmember Claudia Jimenez (510-620-6565).

Item W.8 was moved to the Consent Calendar and approved.

W.9 Presentation from Levitree for Nature-Based Solutions for Sea-Level Rise RECEIVE a presentation from Levitree to learn about possible nature-based solutions to help Richmond’s shoreline with sea level rise and ground water infiltration - Vice Mayor Cesar Zepeda (510-620-6593).

Continued to the August 19, 2025, City Council meeting.

W.10 Allocate $2,000 from City Event Budget for the 2025 El Sobrante Stroll APPROVE a resolution authorizing the allocation of $2,000 from the City of Richmond’s allotted event budget to support the 2025 El Sobrante Stroll - Councilmember Soheila Bana (510-672-3490)/Councilmember Doria Robinson (510-620-6568)/Councilmember Jamelia Brown (510-609-5780).

Item W.10 was moved to the Consent Calendar and approved.

X. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) None.

Y. ADJOURNMENT
There being no further business, the meeting adjourned at 11:03 p.m., to meet again on August 19, 2025, at 6:30 p.m.

Pamela Christian, Clerk of the City of
Richmond
Eduardo Martinez, Mayor
276

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August 19, 2025
Community Development
DATE: August 19, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
SUBJECT: Contract Amendment No. 3 with NV5 Environmental, L.P. for Environmental Consulting Services
FINANCIAL IMPACT: The proposed expenditure was approved in the Fiscal Year 2025-26 budget for the Successor Agency in the
amount of $115,000 (Account String: 61322063-400201-
07563) and $85,000 in the Planning Division’s budget
(Account String: 15061219-400201).

PREVIOUS COUNCIL
ACTION:

October 5, 2021
December 5, 2023

STATEMENT OF THE
ISSUE:

The Successor Agency to the Richmond Community
Redevelopment Agency (“RDA”) completed a clean-up of
the Miraflores site in 2015. As part of on-going post
clean-up monitoring, RDA’s consultant has identified
chlorinated volatile organic compounds (“CVOCs”),
including tetrachloroethylene (PCE), in groundwater and soil vapor beneath the Site; however, the on- and off-site data and historical site information indicate the
source of CVOCs to be from upgradient, off-site
location(s) with respect to the direction of groundwater flow. City staff is requesting City Council approval of a contract amendment to provide additional environmental
consulting services related to the Miraflores property.

RECOMMENDED ACTION: APPROVE a contract amendment no. 3 with NV5 Environmental, L.P. (NV5), increasing the contract
amount by $200,000, for a total contract amount not to
exceed $436,300, for environmental consulting services
related to the Miraflores Property, for a term ending
October 5, 2026 – Community Development Department
(Lina Velasco 510-620-6706).

AGENDA
REPORT
277

Page 2 of 2 ends

August 19, 2025
DISCUSSION:

PES Environmental, Inc. (PES), subsequently acquired by NV5 Environmental, L.P. (NV5), has been providing environmental consulting services at the Miraflores project (Site), on behalf of Successor Agency to the Richmond Community Redevelopment Agency (RDA) for many years.

On behalf of the RDA, PES worked with the Department of Toxic Substances Control (DTSC) to develop and implement a Remedial Action Plan to clean up the site to allow residential development following the nursery use of the site. On June 29, 2015, DTSC issued a Polanco Redevelopment Act Site Certificate, approving completion of remedial activities at the Site and confirming that the Site was appropriate for unrestricted residential use. Certification of the Site included a requirement by DTSC for the RDA to conduct post-remediation groundwater monitoring.

NV5 prepared a Post Remediation Groundwater Monitoring Work Plan (Work Plan) and the Work Plan was approved by DTSC on May 18, 2015. PES has implemented the Work Plan and is in active discussions with DTSC staff regarding the completion of the post-remediation groundwater monitoring. As part of on-going groundwater monitoring, NV5 identified chlorinated volatile organic compounds (“CVOCs”), including tetrachloroethylene (PCE), in groundwater and soil vapor beneath the Site; however, the on- and off-site data and historical site information indicate the source of CVOCs to be from upgradient, off-site location(s) with respect to the direction of groundwater flow.

City staff is requesting approval of contract amendment No. 3 with NV5 to add $200,000 of additional funds to complete additional groundwater and soil vapor sampling. The additional scope includes:
1) Work plan preparation and coordination with DTSC
2) vapor probe installation and sampling
3) Report preparation
4) General consulting services including participating in meetings, reviewing other consultant reports, and reviewing related reports.

DOCUMENTS ATTACHED:

Attachment 1 – Amendment No. 3
Attachment 2 – Original Contract and Amendments No. 1 and No. 2 278
DocID #34720v1

CITY OF RICHMOND

CONTRACT AMENDMENT
The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract Amendment are the City of Richmond, a public body corporate and politic, 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. Purpose. This Contract Amendment is being entered into to amend the following Contract between City and Contractor (list terms in effect on the date of initial Contract approval):

City Council Approval Date/City Manager Execution Date: ____________________________ Effective Date: ___________________; Termination Date: ____________________________ Payment Limit: ___________________.
[check box if applicable] The Contract was previously amended, as described in the amendment history attached to this Contract Amendment, and the terms and conditions of any amendments shall be deemed to be a part of the Contract.

3. Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Contract, including any amendments thereto, which are unaffected by this Contract Amendment, and which shall remain in full force and effect.

Department: City Project Manager:

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

Vendor No: Contract No:

Description of Services:

Amendment No. ___ modifies the (check all that apply):

Term Payment Limit Service Plan
Complete the Amendment History page if this Amendment is the 2nd or subsequent amendment.

Communty Development Lina Velasco [email protected] 510-620-6706 17013 NV5 Environmental will provide environmental consultation services related to the Miraflores property and surrounding area.
3 NV5 Environmental, L.P. 200 South Park Road, Suite 350 Hollywood, FL 33021 David R. Schack 562-495-5777 [email protected] 4000-6504 October 31, 2021 October 5, 2021 June 30, 2023 $70,000 279
DocID #34720v1 Modified January 14, 2025

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

5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section

7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

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

7. Authority; Counterparts; Signatures. Each of the signatories hereto represents and warrants that he or she has the authority to execute this Contract Amendment for the Party on whose behalf he or she is executing this Contract Amendment. This Contract Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties may rely on electronic or scanned signatures as originals. Delivery of an executed signature page of this Contract Amendment by electronic format (including pdf) shall be the same as delivery of an original executed signature page.

CITY OF RICHMOND,
a municipal corporation
By: ________________________________
Title: ______________________________
Date Signed: ________________________
I hereby certify that this Amendment has been
approved by the City Council or executed by the
City Manager.

By: _______________________________
City Clerk
Approved as to form:

By: _______________________________
City Attorney
[CONTRACTOR NAME]
(*If applicable, the Corporation Chairperson of the
Board, President, or Vice-President should sign
below.)
By: ____________________________________
Title: __________________________________
Date Signed: ____________________________
(*If applicable, the Corporation Chief Financial Officer or Assistant Treasurer, or Secretary or Assistant
Secretary should sign below.)
By: ___________________________________
Title: __________________________________
*(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation or
nonprofit organization, this Contract (1) should be
signed by the Chairperson of the Board, President
or Vice-President and the Chief Financial Officer
or Assistant Treasurer, or Secretary or Assistant
Secretary; (2) should have both signatures
conform to designated representative groups
pursuant to Corporations Code Section 313.)
NV5 Environmental, L.P.
280
DocID #34720v1 Modified January 14, 2025

AMENDMENT PROVISIONS (AMENDMENT HISTORY)
If no prior amendments, skip to next page.

The first Contract Amendment was approved by City Council or executed by the City Manager on ______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The second Contract Amendment was approved by City Council or executed by the City Manager on _________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The third Contract Amendment was approved by City Council or executed by the City Manager on _______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fourth Contract Amendment was approved by City Council or executed by the City Manager on ________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fifth Contract Amendment was approved by City Council or executed by the City Manager on ________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The sixth Contract Amendment was approved by City Council or executed by the City Manager on _______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
May 18, 2023 June 30, 2025 January 24, 2024 166,300.00 236,300.00 December 31, 2025 200,000.00 436,300.00 October 5, 2026 281
DocID #34720v1 Modified January 14, 2025

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND/OR SERVICE PLAN) Check all that apply:

TERM

PAYMENT
LIMIT

SERVICE
PLAN
Paragraph 2 (Term) of the Contract is hereby amended to extend the Contract term. Paragraph 2 of the Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
________________________________________________________ (Insert Contract Effective Date)
and it terminates
________________________________________________________. (Insert new Contract termination date)
unless sooner terminated as provided herein."
Paragraph 3 (Payment Limit) of the Contract is hereby amended to increase the payment limit by $__________________. Paragraph 3 of the Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $_____________________ including expenses."
“The City shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Council or executed by the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.” The Service Plan (Exhibit A) of the Contract is hereby amended to include the following tasks and/or services:
(Insert description of additional tasks/services. Use additional pages if necessary.) ■
October 5, 2021 October 5, 2026 ■ 200,000.00 436,300.00 ■ Name Change from PES Environmental to NV5 Environmental, L.P.

The additional scope tasks and fees related to this amendment are listed in the next pages.
282
NV5
3777 Long Beach Boulevard, Annex Building, Long Beach CA 90807, United States of America T (562) 495 5777 F (562) 495 5877 Toll-free (US only) (800) 777-0605 www.NV5.com
May 22, 2025
Lina Velasco
Director of Community Development
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Subject: Proposed Scope of Work and Fee Estimate
Additional Environmental Assessment Activities 2025
Miraflores Housing Development
South 47th Street and Wall Avenue
Richmond, California
NV5 Project Number: 4300424-0644016.06
NV5 Environmental, L.P. (NV5) is pleased to present the City of Richmond (City) with this proposed scope of work and fee estimate for environmental consultation services related to the Miraflores Housing Development property located in Richmond, California (Site).

This proposal was prepared in response to meetings and requests from Ian Utz and other members of the Department of Toxic Substances Control (DTSC). This proposal provides a scope of work and fee estimate for conducting probe installation, sampling (new and previously installed probes), groundwater sample collection, reporting, and general environmental consultation.

BACKGROUND
The Site is comprised of three former nursery properties that were developed beginning in the 1920s as the former Sakai, Oishi, and Endo nurseries. The Site also includes the former Carey property, which was previously undeveloped. The four properties encompass approximately 14 acres in an area of Richmond that is used primarily for residential purposes, with a combination of single-family and multifamily residential properties located in the vicinity south and west of the Site. Beyond the Bay Area Rapid Transit (BART) and Interstate 80 (I-80) right-of-ways that bound the Site to the north and east, respectively, current land uses are typically commercial and light industrial. The western portion of the former Sakai nursery property has been subsequently redeveloped for residential purposes.

On- and off-site investigations performed previously by NV5 and others indicated that chlorinated volatile organic compounds (CVOCs), including tetrachloroethylene (PCE), were identified in groundwater and soil vapor beneath the Site; however, the on- and off-site data and historical site information indicate the source of CVOCs to be from upgradient, off-site location(s) with respect to the direction of groundwater flow. NV5 understands that the DTSC is currently requiring off-site Responsible Parties at upgradient locations from the Site to conduct subsurface investigations related to potential impacts to upgradient groundwater (i.e., the likely origins of the contaminated groundwater beneath the Site).

In 2024, NV5 installed 22 shallow vapor probes across the Site. These probes were sampled during two events (August and December 2024). The results of the soil vapor sampling events identified concentrations of several VOCs (chloroform, benzene, TCE, PCE, and 1,2-dioxane) that exceeded their respective health risks screening levels. NV5 noted that additional soil vapor investigation would be needed to further characterize the Site. Additionally, the City has requested assistance with the design of possible mitigation systems for both proposed and for the relocation of existing structures at the Site. 283
Proposal for Additional Environmental Assessment Activities 2025 May 22, 2025 Miraflores – Richmond, California 4300424-0644016.06

Page 2 of 5 ends

1 SCOPE OF WORK
The following scope of work was prepared based on the findings of the 2024 soil vapor sampling events.

The scope of work includes, workplan preparation (and coordination), installation of additional soil vapor probes and groundwater samples, collection and analysis of vapor and groundwater samples at new and existing soil vapor probe locations, reporting, and general environmental consulting services.

NV5 further anticipates providing continuing environmental consultation services to the City in the vicinity of the Miraflores Housing Development project related to submittal and implementation of the proposed Work Plan, as well as other environmental issues that may be raised by DTSC.

1.1 Task 1 – Work Plan Preparation and Coordination
NV5 will prepare a work plan (or email) for submittal to the DTSC describing soil vapor probe installation, sampling and evaluation. The work plan will describe the methods and procedures for the installation and sampling of the additional soil vapor probes - including sample types (e.g., soil gas samples and grab groundwater samples), proposed number and locations, sample collection equipment, sampling depth, detailed sample collection procedures, and laboratory analytical method. The objectives of the proposed scope of work will be to provide analytical data towards further assessment of VOCs in soil vapor, determine the extent and transport of the contamination in the vicinity of the proposed structures, and further delineate contamination on-site. This task also includes a review and mapping of historical Site and vicinity data, necessary for locating the new sampling locations appropriately and strategically. A draft work plan email will be submitted to you for review and approval prior to submittal to DTSC.

1.2 Task 2 –Probe Installation and Sampling
Prior to conducting vapor probe installation activities, NV5 will: (1) obtain vapor probe and boring installation permits; (2) coordinate with the City as needed for access; (3) mark for Underground Service Alert (USA); and (4) retain qualified subcontractors, including a private utility locator, a California-licensed well driller to perform the vapor probe installations and groundwater borings, and a stationary State of California-certified analytical laboratory for sampling media and analysis of samples.

Consistent with the methods and procedures to be presented in the work plan in Task 1 and the previously approved 2024 vapor investigation work plan, NV5 will conduct the installation and sampling of 5-feet depth soil vapor probes at approximately 21 probes at various locations in the Miraflores development area. Probes will be installed throughout the Site and on nearby roadways in an attempt to further define and delineate the extent of soil vapor impacts. Actual locations will be selected in consultation with the City and the DTSC and presented in the Work Plan (Task 1).

Drilling, field screening, lithologic logging, and sample collection will be directed by a site geologist under the supervision of a State of California Professional Geologist or Engineer. Drilling services will be performed by a licensed drilling contractor possessing a valid well drillers license (C-57) issued by the State of California. Steel standpipes will be installed by the drilling contractor at each on-site location to protect the soil vapor probes. Traffic-rates, flush-mounted well boxes will be installed by the drilling contractor at each roadway probe location.

In select probe locations, grab groundwater samples (estimated at up to 13 locations) will be collected using a Hydropunch® groundwater sampler. The sampler will be advanced 5 to 10 feet below first encountered groundwater, expected at 15 ft bgs. The grab groundwater sample will be collected by using a small-diameter bailer lowered inside of the drill rods. The bailer will be used to fill the laboratoryprovided containers. Samples will also be collected from the intermediate and deep water-bearing zones, expected at 40 and 70 ft bgs, respectively. The sample(s) will be stored in an ice-filled cooler and transported to the designated laboratory by courier under chain-of-custody procedures.

Included in this proposal is the disposal of investigation-derived waste (IDW) generated during the investigation activities. NV5 will collect representative samples of soil cuttings and decontamination 284
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rinsate, and laboratory analyses will be used for the profiling and disposal of the IDW. We have assumed the IDW will be classified as non-hazardous waste and can be disposed at a non-hazardous landfill and/or recycling facility. This task includes the labor for NV5 staff to coordinate with the sampling contractor.

Vapor sampling will be performed on the 21 newly installed vapor probes and the 22 existing vapor probes (43 total locations) at the Site and vicinity. Sampling will be consistent with the Advisory – Active Soil Gas Investigations (Advisory; published by the Department of Toxic Substances Control, the Regional Water Quality Control Board, Los Angeles Region and the RWQCB dated July 2015).

Following completion of soil vapor sampling, the samples will be transported under chain-of-custody protocol to a stationary State of California-certified analytical laboratory and samples for the project laboratory list of VOCs using U.S. EPA Test Method TO-15, and helium, methane, oxygen, and carbon dioxide using ASTM Test Method D1946 under standard turn-around time.

1.3 Task 3 – Report Preparation
Following receipt of the laboratory analytical results from the investigation, NV5 will compile the data and prepare a written report which will include tabulated data, plates, lithologic logs and soil vapor probe construction diagrams, permits, and copies of laboratory analytical reports. A draft version of the report will be provided to you for review and comment. Once comments to the report are addressed, the draft report will be submitted to DTSC in electronic format. NV5 anticipates one round of comments or edits from DTSC will be addressed prior to finalization and submittal.

1.4 Task 4 – General Environmental Consultation Services NV5 will continue to provide general environmental consulting services to the City of Richmond on an as needed basis. These tasks may include:
 Preparing correspondence to DTSC regarding responses to submittals; and  Preparing for and participating in meetings with Successor Agency staff and counsel, and DTSC, as requested.
 Review of technical reports prepared by other consultants working for potential off-site responsible parties.
2 PROJECT COST
NV5 proposes to undertake the proposed scope of work on a time and materials basis as described below. The estimated cost of each task is as follows:
 Task 1 – Work Plan and Coordination for $15,000.00.
 Task 2 –Probe Installation and Sampling for $150,000.  Task 3 – Report Preparation for $20,000.00.
 Task 4 – General Environmental Consultation Services for $15,000.00.

The total estimated cost of this project is $200,000.00.

NV5 will not exceed the above total cost without prior written authorization from City. 3 PROJECT SCHEDULE
NV5 will begin preparation of a workplan immediately upon proposal authorization. NV5 anticipates that a draft work plan will be ready for initial review by the City within two weeks of authorization to proceed.

The work plan will include an anticipated schedule for field sampling activities. 285
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4 COST ASSUMPTIONS AND EXCLUSIONS
Project Assumptions

1. Access will be provided to Site, streets and pathways by the City. The proposal estimate does not include fees for standby or delay charges for NV5 or our subcontractors if scheduled work is delayed due to lack of access or other causes that are outside of the control of NV5 or our subcontractors.

2. Encroachment permit fees will be waived by the City of Richmond Public Works.

3. Sampling will occur during standard working hours of 7 AM to 5 PM.

4. The number and type of laboratory analyses will be limited to those stated above.

5. Any additional work, laboratory analysis, or other costs incurred beyond the stated Scope of Work will be billed on a time and materials (T&M) basis and only conducted after written authorization from the City has been received.

6. It is assumed that any IDW generated during this investigation will be characterized and disposed of as a non-hazardous waste. Hazardous waste disposal may result in increased disposal charges. Please note that any waste disposal manifests or bills of lading will require signature by the City. NV5 can sign on behalf of the City if written permission to do so is issued to NV5 by the City.

7. The project is subject to prevailing wage requirements.

Project Exclusions

1. NV5 and its subcontractors are not responsible for damage to subsurface utilities or structures not identified by the City or USA prior to the start of sampling activities. If required, utility repair can be billed to the City on a T&M basis.

2. The scope of work has been developed through consultation between NV5 and the DTSC to meet the City’s objectives; however, the collected information may not be sufficient for other purposes. NV5’s will attempt to collect sufficient data to meet the City’s objectives but cannot guarantee that the data will be sufficient for its intended purpose.

3. NV5 has selected drilling equipment/methodologies which NV5 believes will be sufficient to drill to the planned depths and collect the proposed samples given known information regarding local geologic conditions and previous experience. However, NV5 cannot guarantee that the drilling equipment/methods will be sufficient to drill to the desired depths or access every desired drilling location (e.g. auger refusal, access limitations, utility conflicts, etc. may occur). NV5 will contact the City to discuss the potential limitations and to determine whether other equipment may be necessary to collect the samples. Mobilization of alternate equipment will be at additional cost and the costs will be discussed with the City prior to proceeding with the field change.

4. This assessment does not include the installation or operation of any mitigation systems used to address the known contamination at the Site.

5. Vapor probe abandonment is not included in this scope of work. 286
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5 TERMS AND CONDITIONS
NV5 will complete the listed scope of services in accordance with the terms and conditions of the City’s Purchase of Services Contract, which we understand will be provided by the City. 6 PROJECT AUTHORIZATION
This proposal is valid for 60 days from the correspondence date. Should you want us to begin work on this project, please sign the authorization below and return a copy via email at [email protected].

Thank you for the opportunity to be of service to you. If you have any questions, please call us at (562) 459-5777.

Respectfully submitted by: Accepted by:

NV5
Eric Fraske, PE
Project Manager / Senior Engineer
Name and Date
Trevor Atkinson, PE
Vice President
Print Name and Title

287
7665REDWOOD BLVD, SUITE 200 | NOVATO, CA94945 | WWW.NV5.COM | OFFICE 415.899.1600

SCHEDULE OF CHARGES
The following fee schedule applies to all Services provided by NV5. This schedule is effective January 3, 2025.

Titles are generic and no distinction is made between engineers, geologists, hydrogeologists, or other professions.

Professional Title
Vice President $365 per hour
Principal Professionals $240-275 per hour
Associate Professionals $215-225 per hour
Senior Professionals $200 per hour
Project Professionals $175 per hour
Senior Staff Professionals $150 per hour
Staff Professionals $140 per hour
Sr. CADD Operators $135 per hour
CADD Operators $120 per hour
Technician $75-90 per hour
Word Processing & Clerical Support $90 per hour
These rates are evaluated on an annual basis and may be subject to an increase to reflect the then current rates.

Fee schedules for field/safety equipment and fleet vehicles provided by NV5 are submitted or included with project or contract-specific cost estimates. Costs for routine office phone calls, conferencing, standard postage, and photocopying will be covered by a 4 percent communication surcharge on labor. Fees for expendable supplies, rented or leased equipment, and/or subcontractors retained by NV5 for a project or contract are billed at a rate of cost plus 15 percent. This charge includes insurance costs, business taxes, administrative fees, processing fees, and carrying costs. On projects that require substantial subcontractor costs, NV5 may invoice all, or a portion of, subcontractors’ fees prior to performing the work. Travel time will be charged at regular hourly rates, not to exceed 8 hours per day. Rates for or associated with expert testimony will be increased by 50 percent.

Invoices are payable upon presentation and are past due 60 days from the submittal date. A finance fee will be charged for past due accounts at the rate of 1-1/2 percent per invoice per month, or at the maximum amount allowed by law.
(__________/__________)
initial date
SCHEDULE OF CHARGES 2025.docx
288
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

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

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

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

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

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

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

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

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

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
289
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

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

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

Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. 290
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
291
292
293
294
295
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART
Other Insurance
Primary and Noncontributory Insurance
Westchester

PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION 296

ADDITIONAL INSURED ENDORSEMENT - ONGOING WORK OR OPERATIONS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:

CONTRACTORS POLLUTION LIABILITY COVERAGE PART
SCHEDULE:

A. SECTION II - WHO IS AN INSURED

2. B.

Exclusions
a.
2 297
b. your work
C.

SECTION III - LIMITS OF INSURANCE:
2 2
298
299
300
301
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

The parties to this STANDARD CONTRACT do mutually agree and promise as follows:

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed
the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.

4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

Successor Agency Lina Velasco
[email protected] (510) 620-6706
4769
PES Environmental, Inc. (PES) will provide environmental consultation services related for the Miraflores property.

PES Environmental, Inc.
7665 Redwood Boulevard, Suite 200
Novato, CA 94945
Kyle Flory
(415) 899-1600 [email protected]
4000-6504 January 25, 2022
October 5, 2021
June 30, 2023
70,000
302

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

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

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

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:

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

Date Signed:

By:

City Clerk
Approved as to form:

By:

By: Title:

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

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
PES Environmental, Inc.
303
For the Contract between the City of
Richmond and
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:

See attached scope of work dated Spember 13, 2021.

PES Environmental, Inc.
304
305
306
307
308
309
310
311
312
313
For the Contract between the City of
Richmond and
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES

THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

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

Lina Velasco
PES Environmental, Inc.

Successor Agency
Lina Velasco
314
For the Contract between the City of
Richmond and

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

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

City of Richmond
Richmond, CA 94804-0046

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

PES Environmental, Inc.

PES Environmental, Inc.

Lina Velasco
450 Civic Center Plaza
Kyle Flory
7665 Redwood Boulevard, Suite 200
Novato, CA 94945
315
General Conditions/EJ/TE 01-19-11 1 of 13

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

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

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

4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 316
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

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

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

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

6. Services. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. 317
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Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

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

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

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

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

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 318
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Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.

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

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

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

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

9. Additional Assistance. If this Contract requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 319
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any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

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

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

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

12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

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

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

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 321
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

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

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

16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 322
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responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

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

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

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

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

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

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

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 323
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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

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

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

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

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

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

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 324
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City reserves the right to employ other Contractors in connection with the project.

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

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

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

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

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

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

No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."

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

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

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

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

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

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

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 326
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toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

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

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

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

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

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

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard. 327
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City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

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

40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion. 328
For the Contract between the City of
Richmond and
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):

None.

PES Environmental, Inc.
329
For the Contract between the City of
Richmond and
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.

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

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

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

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

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

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

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

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61. General Liability (primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
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Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

PROJECT COST REQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.

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

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

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61. Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

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

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61. Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

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

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

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. 332
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Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

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

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

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

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

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

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

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

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

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

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

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page) Term, Payment Limit and Service Plan Payment Limit and Service Plan Term and Service Plan Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

Community Development Lina Velasco
[email protected] (510) 620-6706
4769 / 5807
PES Environmental, Inc. (PES) dba NV5 will provide environmental consultation services related for the Miraflores property. 2 PES Environmental, Inc. dba NV5
200 South Park Road, Suite 350
Hollywood, FL 33021
Kyle Flory
(415) 798-3020 [email protected]
4000-6504 December 31, 2023
October 31, 2021
October 5, 2021 June 30, 2023
70,000.00
342
Contract Amendment/EJ/TE 09-26-07

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

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

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

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

CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:

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

By _______________________
City Clerk
Approved as to form:

By_______________________
City Attorney
List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates
CONTRACTOR: ______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.

PES Environmental, Inc. dba NV5
343
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

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

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

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

Contract Amendment/EJ/TE 9-26-07
2 / 5807
October 5, 2021
December 31, 2025
166,300.00
PES Environmental, Inc. dba NV5
The PES Environmental, Inc. dba NV5 will complete the tasks within the budget and timeline outlined in the attached Scope of Work.
344
7665 REDWOOD BLVD, SUITE 200 | NOVATO, CA 94945 | WWW.NV5.COM | OFFICE 415.899.1600 October 13, 2023
644.016.02.P01
Successor Agency to the
Richmond Community Redevelopment Agency
Attention: Ms. Lina Velasco
440 Civic Center Plaza, Second Floor
Richmond, California 94804

PROPOSED SCOPE OF WORK AND FEE ESTIMATE

SOIL VAPOR ASSESSMENT

MIRAFLORES HOUSING DEVELOPMENT
SOUTH 47TH AND WALL AVENUE

RICHMOND, CALIFORNIA
Dear Ms. Velasco:

PES Environmental, Inc. (PES) dba NV5 (NV5) is pleased to present the Successor Agency to the Richmond Community Redevelopment Agency (Successor Agency) this proposed scope of work and fee estimate for environmental consultation services related for the Miraflores Housing Development property located in Richmond, California (site). This proposal was requested by you in electronic correspondence with Kyle Flory of NV5 dated October 3, 2023, and is based on anticipation of environmental activities to be conducted for fiscal year 2023/2024. The site is currently overseen by the California Environmental Protection Agency (EPA), Department of Toxic Substances Control (DTSC).

This proposal provides a scope of work and fee estimate for conducting soil vapor probe installation and two rounds of soil vapor sampling and associated reporting, as well as general environmental consultation.
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Ms. Lina Velasco
October 13, 2023

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