Richmond City Council
September 16, 2025

September 16, 2025
Relation to 6thCycle Regional Housing Needs Allocation
As described in the City’s 6th Cycle Housing Element, the City has a total allocation of 3,614 units for the 2023 to 2031 planning period (refer to Table 2 below). As of December 31, 2024, the City has permitted 326 housing units or approximately nine percent of the total state-mandated Regional Housing Needs Allocation (RHNA). The Draft Hilltop Horizon Land Plan Concept will create opportunities for housing variety, production, and affordability. Furthermore, residential development within the plan area will be subject to the City’s Inclusionary Housing Ordinance, at minimum, which requires developments of 10 units or more to provide a minimum number of units for very low-, low-, or moderate-income households depending on the type of residential project. The residential land use designations in the Draft Hilltop Horizon Land Plan Concept and their corresponding density ranges have been thoughtfully considered to facilitate housing development in the near-term to help meet the City’s current 6th cycle housing obligation, as well as aid in fulfilling the City’s share of their future regional housing needs.

Table 2: City of Richmond 2023-2031 RHNA Progress as of Dec. 31, 2024 Income Categories RHNA
Goal
Units
Permitted
Progress Toward
Goal
Above Moderate 1,651 278 16.8%
Moderate 638 24 3.8%
Low 485 10 2.1%
Very Low 840 14 1.7%
All Units 3,614 326 9.0%

State law continues to advance housing production and limit local barriers to development. Senate Bill (SB) 35 (2017) streamlines approvals for housing projects in jurisdictions that have not met Regional Housing Needs Allocation goals. SB 330 (2019), known as the Housing Crisis Act, restricts downzoning, caps development fees, and accelerates project processing, with key provisions now made permanent.

Assembly Bill (AB) 130 (2025) and SB 131 (2025), enacted as part of the June 30 budget package, enacted sweeping reforms to CEQA, establishing statutory exemptions and streamlining review to accelerate housing and infrastructure development. SB 6 (2022) and AB 2011 (2022) provide by-right, ministerial permitting for affordable and mixed-income housing on commercial lands, including former malls, with AB 2243 (2024) expanding eligibility to mall sites under 100 acres. These laws underscore the State’s commitment to fast-tracking housing production and curbing local regulatory obstacles.

637

September 16, 2025
Mobility
The Draft Hilltop Horizon Land Plan Concept emphasizes mobility options through a new roadway and trail network, expanding the existing connectivity to adjacent and nearby uses, allowing ease of movement through and within the site, and providing a mobility hub option to connect Hilltop beyond the immediate plan area. The roadway network envisioned provides access across the mall site from east to west, transitioning away from the existing ring-road (Hilltop Mall Road), and adding a new north-south road segments to support greater access for residents to the plan area’s core. Key mobility aspects in the Draft Hilltop Horizon Land Plan Concept include:
 Introducing new primary access roads through the plan area, supported by secondary local roads.
 Improving the pedestrian network, with new sidewalks and trails to enhance mobility across the site.
 Creating a mobility hub near the southern segment of Hilltop Mall Road (exact location and size to be determined). The details of the mobility hub will be determined in future discussions with stakeholders, but may include signage, lighting, artwork, sheltered areas, seating, and facilities for shared and micromobility (e.g., e-bikes, bike-sharing, etc.).

Open Space
Presently, the nearest parks to the plan area are Hilltop Lake Park to the north and Hilltop Park to the south, however, there are no parks or greenways existing within the plan area boundary. The open space component of the Draft Hilltop Horizon Land Plan Concept introduces new uses for residents and visitors, including a new park, trail network, and greenway with connection to the core of the plan area and to Hilltop Lake Park. The new park and trail locations help improve walkability within the plan area, with key placements adjacent to the new primary road (east-west) and to the retail/residential mixed-use core. The open space elements provide new opportunities for recreation, physical activity, social gathering, and urban greening, especially where higher density residential is planned. Key aspects of the open space component include:
 Creating a new neighborhood park within a planned open space area located near the core of the plan area.
 Expanding open space availability by creating a greenway envisioned along a portion of Hilltop Mall Road to the north.
 Establishing a new linear open space network, or trail system, running north- south through the plan area to connect homes with services and amenities.  Providing opportunities for paseos within residential neighborhoods and urban plazas within non-residential areas.
638

September 16, 2025
 Creating spaces for social gathering and recreation, such as urban plazas.

Mixed-Use
The Draft Hilltop Horizon Land Plan Concept contains High Density/Intensity and Gateway zones at the core of the plan area to help activate the site, serving as a hub to support adjacent uses including nearby schools and residences. The Draft Hilltop Horizon Land Plan Concept incorporates the following four mixed-use areas:
 Allowing retail development or horizontal and vertical mixed-use development.  Locating these zones along the primary roads and in proximity to freeway interchanges for enhanced accessibility.
 Strategically placing uses, such as the new park and trail system and high density residential, that complement the mixed-use areas.

Public/Quasi-Public
Community, stakeholder, and City input emphasized the importance of preserving and enhancing public services and facilities. The Draft Hilltop Horizon Land Plan Concept accommodates the existing Public/Quasi-Public (PQP) uses, which are located towards the eastern and southern portions of the plan area. Key aspects of the PQP component include:
 Maintaining public services, such schools, adjacent to residential areas.  Improving connectivity to existing and proposed open spaces with a new trail network through the site.
 Expanding access to public facilities by locating them near a new mobility hub.

CONCLUSION:

Based on the feedback received to date and Council’s previous direction to coordinate with the mall site landowner, the City team developed a Draft Hilltop Horizon Land Plan Concept that achieves both near-term and long-term goals consistent with the planning drivers. The Draft Hilltop Horizon Land Plan Concept provides a vision that expands priority uses for housing, retail, mixed uses, and open space, while incorporating flexibility to accommodate employment and potential medical uses, with enhanced connectivity through the site and to nearby areas. The City team will provide the City Council with an overview of the Draft Hilltop Horizon Land Plan Concept and solicit feedback on the following study session focus questions:
 Question 1: Do you support stepping down residential density at the west and east plan area edges to create a mid-density residential buffer (townhomes, multiplexes, stacked flats) adjacent to existing homes? 639

September 16, 2025
 Question 2: Do you support establishing a compact, urban Gateway District near Klose Way and Garrity Way – an area with strong I-80 access – that allows a mix of higher-density housing and active, people-oriented uses such as shops, dining, and public gathering spaces?
 Question 3: Do you support creating transitional districts by way of the Transitional Zone and High Density/Intensity Zone between the mid-density residential areas and the Gateway District that allow a flexible mix of housing, retail, offices, medical uses, and other potential economic drivers? NEXT STEPS:

Following this presentation, the City team will use the input received to finalize the Land Plan Concept and begin drafting the specific plan, complete additional engagement, and conduct environmental review pursuant to the California Environmental Quality Act (CEQA). Adoption hearings for the specific plan are anticipated to occur during Q3 in 2026.

DOCUMENTS ATTACHED:

Attachment 1 – Hilltop Horizon Specific Plan Area
Attachment 2 – Draft Hilltop Horizon Land Plan Concept
Attachment 3 – City Council Hilltop Horizon Specific Plan Staff Report, December 2023

640

3.0 Existing Conditions

Richmond Hilltop Specific Plan 10 ESA / D201900269.01
Existing Conditions Memorandum July 2022
Preliminary − Subject to Revision

SOURCE: City of Richmond, 2022; ESA, 2022. Hilltop Specific Plan Figure 2
Plan Area Boundary
Attachment 1
Map of Hilltop Horizon Specific
Plan Area
641
City of Richmond, CA | 8/21/25 | 26
Hilltop Horizon
Land Plan Concept
Land Plan Concept
MOBILITY HUB (location may vary)
OPEN SPACE FEATURE (not all are shown)

MID DENSITY ZONE

TRANSITIONAL ZONE

HIGH DENSITY/INTENSITY ZONE

GATEWAY ZONE
T
642

December 5, 2023

Community Development

DATE: December 5, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Lina Velasco, Director of Community Development
Hector Rojas, Planning Manager

Subject:

Hilltop Horizon Specific Plan
FINANCIAL IMPACT: There is no fiscal impact related to this item.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The City kicked-off the Hilltop Horizon Specific Plan in 2021 and since then, the Specific Plan team has
engaged the community and other stakeholders to
identify a wide range of hopes and aspirations for this key opportunity area. The purpose of this study session is to familiarize the City Council with the specific plan work; summarize the community and stakeholder input
received thus far; and to receive the City Council’s
feedback on the uses in the initial concept alternatives. It is important for the City Council to keep in mind that the Specific Plan team is not requesting the City Council
select a concept alternative at this time. The desired
outcome for this study session is to receive feedback that would help the Specific Plan team develop a preferred
land use vision, which would be brought back for
consideration by Spring 2024.

RECOMMENDED ACTION:

RECEIVE a presentation; and PROVIDE comments on
the uses in the initial concept alternatives developed for the Hilltop Horizon Specific Plan (PLN23-344) –
Community Development Department (Lina Velasco 510-
620-6841/Hector Rojas 510-621-1220).

AGENDA
REPORT
643

December 5, 2023
BACKGROUND:

Specific Plan Purpose

The Hilltop Horizon Specific Plan (HHSP) area covers approximately 143 acres within the larger Hilltop Priority Development Area (PDA). Priority Development Areas are places near public transit planned for new homes, jobs, and community amenities. The Hilltop PDA was nominated by the City Council and officially designated by the Association of Bay Area Governments in 2020. The HHSP area consists of the former Hilltop Mall and properties immediately surrounding it to the north, west, and south, and by a larger contiguous area to the east and south (see Attachment 1, Map of Hilltop Horizon Specific Plan Area). The City’s vision for Hilltop, as stated in the Richmond General Plan 2030, is for a highly visible and accessible regional district, blended with a mix of vibrant uses that would enhance the area’s competitive edge in the region. The purpose of the HHSP is to support the General Plan vision by promoting the transformation of the plan area from a suburban, low-intensity auto-oriented retail center to a higher intensity, mixed-use destination. The HHSP will contain planning policies, zoning regulations, and urban design standards to help guide this transformation in the near and longer terms.

Funding for the Specific Plan

The HHSP is funded through a $500,000 Local Early Action Planning (LEAP) Grant from the State Department of Housing and Community Development (HCD); a $750,000 Priority Development Area (PDA) Planning Grant from the Metropolitan Transportation Commission (MTC) and Association of Bay Area Governments (ABAG); and $200,000 from the City’s comprehensive planning fees, which are collected through citywide planning and building permits applications.

Specific Plan Team

The City has a multidisciplinary team of policy and environmental planners, traffic consultants, designers, engineers, and economists to support preparation of the HHSP.

The lead consultant is Environmental Science Associates (ESA). Subconsultants consist of BAE Urban Economics for economic and fiscal analyses; Fehr & Peers for transportation; SITELAB urban studio for design; NCE for engineering; CHS Consulting Group for additional transportation/parking analysis support; and A3GEO for geotechnical.

Supporting Documents

The Specific Plan team has prepared a series of memorandums, reports, and studies to help inform the specific plan development process. These documents are available for review on the HHSP website at hilltophorizon.com under the “Documents and Resources” section. The Market Study prepared by BAE Urban Economics presents 644

December 5, 2023
several key findings that are particularly relevant as the City Council considers the initial concept alternatives for the plan area.

Demographic and Economic Findings

 Richmond has a strong population base that can provide potential support for new retail, entertainment, and recreation opportunities in the plan area.

 The City has a large base of consumers living in family households and households with children. These households may provide support for new specialty retail, eating and drinking establishments, and other family-oriented entertainment and recreation establishments.

 The City’s younger population base could help to support new forms of specialty and experiential retail, or the places consumers seek out to spend their discretionary time and discretionary dollars. Specialty and experiential retail offer immersive shopping experiences that help foster a unique “sense of place.” A new and distinctive family-friendly retail node in the plan area would likely be very attractive to Richmond residents.

 The City’s rich racial and ethnic diversity, with a high proportion of Latinx residents, supports specialty food retail, including ethnic markets and eating and drinking establishments.

 Low household incomes among Richmond residents may present a challenge for attracting regional-serving retail, entertainment, and recreation uses to the plan area. Regional-serving uses may gravitate toward higher-income areas elsewhere in Contra Costa or Alameda County.

 Richmond does not currently serve as a node for office-based employment, which suggests potential challenges for office development in the plan area.

Residential Market Findings

 Competitive market-rate rents and low rental vacancies indicate potential demand for multifamily rental development in the plan area.

 Significant recent growth in residential sale prices in Richmond indicates strong demand for for-sale housing in Richmond, including single-family homes, condominiums, and townhouses.

 Although Richmond has a relatively strong market for condominiums and townhomes, demand for these product types is focused in waterfront areas with access to amenities, in areas that are perceived as relatively safe communities.

645

December 5, 2023
 There is strong demand for affordable housing throughout Richmond and the region, including in the plan area.

 Market-rate residential development in the plan area is likely to target the top end of the market for each product type to achieve rents and sale prices that are high enough to cover the cost of new construction. As a result, new market-rate homes would likely be priced at levels that are not affordable to moderate-income and lower-income households. Strategies to target the production of housing for lower-income and moderate-income households will be necessary to accommodate the full spectrum of housing needs across income ranges in the plan area.

 Providing a range of housing types in the plan area at a mix of price points, including multifamily rental housing, condominiums, and townhomes, could address demand from various segments of the community.

 Attracting market-rate residential development to the plan area is likely to require implementation of placemaking strategies to complement residential uses, create a safe community feel, and provide dining and entertainment for new residents.

These strategies will be particularly important for for-sale housing types to achieve the sale prices necessary to attract new development.

 The plan area offers a large site with the potential for a mix of uses that can create a sense of place with a mix of complementary uses that will support demand for new residential development.

Retail Market Findings

 Population growth in general will generate new retail spending power that can potentially be captured in the plan area. Attracting additional residents to the plan area may be critical for attracting new retailers to the site, and therefore early phases of implementation of the Specific Plan should focus on residential development rather than new retail.

 Noting the lack of nearby full-scale grocery stores, some residential real estate brokers suggested that there may be demand for a grocery store in the plan area, which could be further supported by new residential growth.

 E-commerce is disrupting the retail sector, resulting in the need for less physical space and more efficient use of existing space. Given this environment, only the most compelling sites will be attractive to retail developers or retail tenants. As such, it is critically important to refine how and where to build new retail space within the plan area.

 Overall, retail uses in the plan area will have a greater chance of success if developable sites offer good visibility, clear and unobstructed signage, and are 646

December 5, 2023
easily directly accessible from a high-traffic volume arterial or collector street.

Sites that are ‘mid-block’ or located on minor streets are not as attractive to retail developers or retail tenants. Retail developers of neighborhood and community centers prefer sites that are ‘100 percent’ corners on the ‘going home side’ of the street.

Office Market Findings

 Richmond is not an established office market and office rents are currently too low to support new speculative office development. However, small-scale office uses within a larger mixed-use project may be feasible by targeting tenants serving local residents and businesses in the future.

 Office tenants prefer physical settings that offer an ‘urban’ feel, even if situated in a suburban location. The completion of a walkable and amenity-rich mixed-use development project in the plan area could greatly improve the area’s attractiveness as a potential office location.

Industrial/Flex Market Findings

 Richmond is strategically located to capture industrial demand spurred by the Port of Richmond, the Port of Oakland, and the growing demand for last-mile warehouse and distribution space regionwide.

 Vacancy rates for industrial and flex space are historically low, indicating that the market would be receptive to new industrial or flex product in the plan area.

 Although market trends suggest relatively strong demand for industrial space in Richmond, some industrial uses could potentially be incompatible with existing and future residential uses in the plan area. Industrial tenants typically seek locations separated from residential uses to avoid conflicts arising from truck traffic and emissions, noise, and vibrations. Additionally, conflicts between residential uses and industrial uses can hamper the operation of industrial businesses, making industrial operations less viable over time.

 The plan area may be an appropriate location for new smaller-scale industrial/flex, Research and Development (R&D), and PDR uses. Businesses in these industries can provide high-quality job opportunities for City residents.

Hotel Market Findings

 There are currently two planned hotels in the plan area. New hotels in Richmond may be able to secure a competitive position in the local market relative to the existing lodging inventory by offering a more modern aesthetic and amenities.

647

December 5, 2023
 Richmond currently serves primarily as an economy hotel market with limited business travel. Ensuring that the plan area includes a mix of uses and amenities that would support a higher-end hotel property could be critical to attracting a different category of hotel to the plan area, if desired.

 Hotels in Richmond may seek to increase leisure travel stays in part by enhancing connections with local and regional attractions and experiences.

Entertainment Uses Findings

 Due to low population densities and low incomes surrounding the plan area, the plan area is not currently an attractive location for new region-serving entertainment or retail. However, the development of a new high-quality mixed- used project with a significant residential component should drastically increase the population density in the plan area and may help to build additional support for retail and entertainment uses in the future. Therefore, attracting these types of uses to the plan area might rely on attracting a significant amount of residential development to the plan area during earlier phases of implementation.

 There is unmet demand for drinking places that serve alcoholic beverages in Richmond, such as a craft brewery. Given this significant and unmet existing demand, a brewpub with a full restaurant would be an ideal type of establishment within the plan area due to its focus on on-site sales of both food and beverages.

Community & Stakeholder Engagement

The specific plan development process was kicked-off in 2021 with an initial phase of public outreach to receive input from the area’s neighborhood councils; private property and public agency stakeholders; and the community at large. The initial phase of outreach included a series of stakeholder interviews, an online community survey, an advisory committee meeting, and a community workshop.

Stakeholder Interviews

The specific plan team facilitated a series of virtual interviews in Summer 2022 to engage key stakeholders in one-on-one or small-group sessions to gain feedback regarding the Hilltop Horizon Specific Plan. The stakeholders interviewed included the Richmond Neighborhood Coordinating Council, Hilltop District Neighborhood Council, Hilltop Green Homeowner’s Association, Fairmede-Hilltop Neighborhood Council, transit agencies, Contra Costa Health Services, utility companies, West Contra Costa Unified School District, area charter schools, Prologis, the West Contra Costa County Council of Business and Industry, City Council members (2), Planning Commissioners (3), and Design Review Board members (3). Key takeaways from the interviews are summarized below:

648

December 5, 2023
 Major Challenges: Stakeholders across the different groups generally agreed on major challenges and concerns, including housing need, safety and security (including police and crime), lack of healthy food options, transit connections, Measure U, economically feasible uses, and adverse effects as a result of industrial uses.

 Housing: Stakeholders identified housing as a major need, especially low-income and affordable housing. Stakeholders expressed the need and desire for multiple-story, high-rise, and high-density housing developments that provide views of the Bay and help to meet housing needs. One stakeholder said, “the more of it that you can put in, the better.”

 Foods and Shops: Grocery stores, markets, and restaurants are lacking in the community and stakeholders would like to see diverse, healthy food options.

 Community Identity, Culture, and Gathering Spaces: Stakeholders expressed the importance of maintaining a community gathering space/center. The mall site has previously served as a gathering area and residents are concerned of this being taken away without being replaced or improved. Stakeholders would like to see gathering spaces with community events, live music, diversity in foods, shops, and businesses, sports amenities, recreation programs, and more parks and trees. Stakeholders want residents, children, and visitors to be prioritized, and for the plan area to, “bring people out to enjoy the city.”

 Community Safety: Safety was identified as a major concern across all stakeholder groups. Stakeholders indicated high crime rates, concern for active commuters and children, speed of vehicles within the plan area, vandalism, car safety, theft, and homelessness. Stakeholders would like to see intentional designs that discourage crime and improve safety, including lighting, cameras, open spaces, increased patrolling, and traffic calming measures.

 Roadways and Connectivity: Stakeholders expressed the need for an improved street system that is safe and provides connections to transit, bike and pedestrian trails. Stakeholders generally described the current circular road as a “nuisance”. Stakeholders would like to see enforcement of speed limits, street redesign for walkability and connectivity, traffic-calming measures, less surface parking, complete sidewalks, and connections to BART and other transit systems.

 Separated and Green Industrial: The potential negative impacts typically associated with industrial uses are generally not desired; however, stakeholders acknowledged their benefits to the economy and employment. Stakeholders expressed that industrial uses should be separated and buffered from residential and social gathering areas, and limit noise, smells, and pollution. Stakeholders are concerned about warehouses taking over the space and for industrial uses being prioritized, or at the forefront of development. Stakeholders do not want to 649

December 5, 2023
see or hear large trucks, “honking horns”, heavy truck traffic near residential and schools, or smell exhaust fumes/chemicals. Stakeholders commented that industrial uses can serve as the “economic engine” and subsidize other uses that the community really wants/needs.

 Economic and Workforce Opportunities: Stakeholders would like to see new job opportunities for the local community, from new commercial and industrial uses.

Stakeholders would like Richmond to be a more active participant in the innovation community, in which the Bay Area is a world leader in.

 Build Up: Stakeholders expressed the need for building up and making use of vertical space for housing, businesses, and parking that provide views of Richmond’s unique and scenic views. Stakeholders would like to see vertical buildings and multiple-story housing developments, with innovative architecture and designs.

Community Survey

A community survey was conducted online through SurveyMonkey from February 24, 2023 to March 15, 2023. An in-person opportunity to complete the survey was also provided on March 11, 2023, at the Richmond Walmart in Hilltop. The survey contained a total of 27 questions and received 472 responses. Key takeaways from the survey are highlighted below:

 Top priorities for the planning area include attracting new businesses (47.03%); creating entertainment opportunities (38.98%); creating more housing choices (36.65%); promoting new land uses that stimulate the local economy (33.47%); promoting safety (30.72%); promoting employment opportunities (28.39%); and enhancing services and amenities (27.12%).

 Types of housing most needed in the planning area include affordable housing (51.83%); multi-family residential (43.58%); for-sale housing (42.89%), single- family attached homes (38.3%); for rent housing (42.89%), and single-family detached homes (25.46%).

 Types of retail establishments most desired in the planning area include restaurants and cafes (85.78%); grocery stores (70.41%); independently-owned small businesses (52.06%); big box stores (50%); and flexible retail spaces (16.74%).

 Respondents would like to see change happen in the plan area within the next five years (89.91%).

 A considerable number of respondents think industrial uses should not be permitted in the planning area (44.28%). Respondents open to light industrial uses in the plan area indicated the following types would be most acceptable:
650

December 5, 2023
research & development (42.82%); data center (35.77%); showrooms (23.11%); flex space (19.22%); light manufacturing (17.76%); and distribution warehouse (14.84%).

 The biggest concerns related to industrial uses in the planning area are air quality impacts (72.02%); noise impacts (63.50%); traffic impacts (62.04%); odors (57.66%); and view impacts (38.44%).

 Respondents indicated that improvements for the following mobility options should be prioritized in the plan area: walking (70.56%); transit – bus (57.66%); biking (55.47%); personal vehicle (42.58%).

 Types of community facilities that should be prioritized in the planning area include: active recreational uses (71.78%); passive open spaces (70.80%); community/senior centers (45.01%); libraries (35.28%); health clinics (33.09%); police/fire services (30.66%); cultural facilities (30.41%); and schools (18.0%).

Advisory Committee Meeting #1

The first advisory committee meeting was hosted by the specific plan team on August 24, 2022. The advisory committee was formed to serve as a sounding board to provide guidance, feedback, and recommendations throughout the specific plan development process. Advisory committee participants for this meeting included AC Transit, WestCAT, West Contra Costa Transportation Advisory Committee (WCCTAC), West County Wastewater, Campus LLC, Contra Costa Health Services, Hilltop Green Homeowner’s Association, Hilltop District Neighborhood Council, Parchester Village Neighborhood Council, Prologis, and West Contra Costa County Council of Business and Industries. As part of the meeting, the advisory committee shared that the following themes should be prioritized as part of the specific planning process:

 Community, Culture, and Gathering Spaces (69%): New development should allow spaces to celebrate culture, diversity, and community. Hilltop Mall has one of the best views; try to combine an outdoor development to make use of the view. Provide public spaces to allow community members to connect. Create a center, a focal point to steer away from the uniformness that comes with suburban development.

 Housing (54%): Provide senior housing and supporting resources. Require or incentivize construction of affordable housing rather than payment of in-lieu fees.

Encourage building upward to create higher density housing. Transit needs to be coordinated together with housing development like it has on Treasure Island.

Housing should be focused around the mall so that the mall site can be prioritized for retail, gathering spaces, etc.

 Connectivity (54%): Transit passes should be made available for future residents.

With a few improvements, Hilltop can become a great biking environment. The 651

December 5, 2023
schools located off Hilltop Mall Road need a better plan for pick-up/drop-off.

Consider having roads/lanes that are exclusively for transit/buses. Increase density in the area to support use of the existing transit center. Consider establishing a transportation management association that could help pay for shuttles and other parking demand management strategies. Consider redesigning existing roadways to provide better connectivity and mobility.

 Safety (54%): Locate a police station or substation in the nearby area. Utilize crime-prevention through environmental design principles to promote safety and prevent crime. People need to feel safe so that they will want to shop, play, work, and live in the plan area. The City should address complaints about dangerous roadway conditions in the area as part of the plan. Fire safety should be addressed as population growth occurs in the plan area.

Community Workshop #1
The first community workshop was hosted by the specific plan team on September 27, 2022. The purpose of this virtual workshop was to give community members at large the opportunity to share input on the specific planning process. The workshop was well attended with a total of 112 participants. Following is a summary of major themes expressed during the workshop breakout rooms:

 Mixed-use outdoor spaces; outdoor recreation and sports facilities; gardens, green roofs, and green buffers are lacking in the plan area and should be enhanced as part of the specific plan.

 The specific plan should address public safety, enhance traffic control (i.e., signage), and include safety measures for parking.

 Places should be provided in the planning area for people to gather and enjoy community events with live entertainment.

 Warehouse and industrial uses are not generally favored in the planning area due to potential pollution and traffic impacts. Other unfavorable uses include big chain stores, smoke shops, and cannabis dispensaries.

 The types of development participants thought should be prioritized in the early implementation of the specific plan include green spaces, trails, connections to Lake Park, grocery stores, local and specialty stores, outdoor restaurants, a Costco, educator housing, affordable housing, senior housing, and public safety.

 There was cohesive agreement that the plan area needs to be made whole and better connected and that the specific plan team should work towards consensus among the different stakeholders.

652

December 5, 2023
DISCUSSION:

Early City-Developed Concept Alternatives

The Specific Plan team has developed initial concept alternatives for the plan area based on the input provided through the initial phase of community engagement (see Attachment 2, City-Developed Concept Alternatives). These City-developed concept alternatives are intended to address community goals, take advantage of Hilltop’s place- specific qualities, and provide flexibility for near- and long-term implementation. The community goals addressed by the city-developed concept alternatives are:

 Growing the plan area into a complete neighborhood and destination with a mix of land uses and entertainment opportunities;

 Attracting new neighbors, businesses, and visitors through expanded housing choices and employment opportunities; and

 Creating spaces to belong, connect, and share while promoting safety, enhancing mobility for all users, and emphasizing community sustainability, resilience, and equity.

The City-Developed Concept alternatives contemplate the following:

 The extension of Robert Miller Drive east through the mall site to connect to Klose Way and the extension of Shane Drive north through the mall site to connect with Hillview Drive;

 A new north-south open space corridor or trail alignment between Hilltop Lake Park to the water tank site at the intersection of Hilltop and Blume that could offer views and recreational opportunities;

 A residential neighborhood and park in the northwest quadrant of the mall site and higher-density residential district in the southwest quadrant;

 A mixed-use residential neighborhood in the southeast quadrant of the mall site with large-format retail anchors near the corner of Klose Way and Hilltop Mall Road;

 In City-Developed Concept Alternative A, the northeast quadrant of the mall site could accommodate employment/industrial uses;

 In City-Developed Concept Alternative B, the northeast quadrant of the mall site could accommodate mixed-use office instead of employment/industrial uses;

 Allowing flexibility for the block bound by Robert Miller Drive, Hilltop Drive, Shane Drive, and Hilltop Mall Road to transition to residential uses; 653

December 5, 2023
 Acknowledging the existing Aspire charter schools located at the southeast corner of Shane Drive and Hilltop Mall Road and the southeast corner of Hilltop Mall Road and Klose Way;

 Allowing flexibility for other properties located along Hilltop Mall Road between Shane Drive and Klose Way to transition to entertainment and residential uses;

 Acknowledging the existing Courtyard and Extended Stay hotels along Garrity Way east of Blume Drive and allowing flexibility for other service-related uses to locate in this area; and

 Acknowledging the existing multifamily residential use (Tides Apartments) at the end of Garrity Way and allowing for higher-density residential uses on the vacant properties immediately west of the Tides.

Mall Landowner-Developed Concept Alternatives

The mall site accounts for approximately 55 percent of the plan area (78 of 143 acres).

In 2020, Prologis purchased the mall site with the intent to redevelop the property. At the first community workshop, the community desired to know what the new landowner wanted to do with the property. Initial plans developed by Prologis for the mall site showed various arrangements of predominantly employment/industrial uses as well as some retail and housing. Most recently, Prologis partnered with Signature Development Group to prepare more refined concept alternatives for the mall site that better aligned with the feedback received during the specific planning process and their own community outreach efforts (see Attachment 3, Mall Landowner-Developed Concept Plans). It is important to note that the mall landowner-developed concept alternatives were not prepared by the Specific Plan team – they were prepared and funded solely by the Prologis/Signature team.

The mall landowner-developed concept alternatives contemplate the following:

 Vacating the northern segment of Hilltop Mall Road between Hillview Drive and Klose Way to provide a bike and pedestrian landscaped corridor;

 The extension of Robert Miller Drive east through the mall site to connect to Klose Way and provide bike and pedestrian improvements along this new corridor;

 The extension of Hillview Drive south into the mall site to connect to the Robert Miller Drive extension and provide bike and pedestrian improvements along this new corridor;

 Community gateway elements at the Hillview Drive/Hilltop Mall Road, Robert Miller Drive/Hilltop Mall Road, and Klose Way/Hilltop Mall Road intersections;

654

December 5, 2023
 One-acre parks at the Hillview Drive/Hilltop Mall Road and Klose Way/Hilltop Mall Road intersections;

 Potential for larger floor plate retail or smaller-scale, experiential retail on 21.9 acres immediately south and east of the existing Walmart store (which has 25- year lease that constrains its potential relocation);

 In Mall Landowner-Developed Concept Alternative A, a 10 to 14-acre portion of the mall site located at the southeast corner Hillview Drive and Hilltop Mall Road could allow for industrial/employment uses with the remaining mall site reserved for a mix of low to medium density residential uses (approximately 36 to 40 acres); and

 In Mall Landowner-Developed Concept Alternative B, no industrial/employment uses and the majority of the mall site would accommodate a mix of low to medium density residential uses (approximately 50 acres).

Feedback on Concept Alternatives

The specific plan team presented the concept alternatives at a second advisory committee meeting on October 26, 2023; a second community workshop on November 1, 2023; and a Planning Commission study session on November 16, 2023.

The feedback and discussion from Advisory Committee Meeting #2 and Community Workshop #2 are summarized in Attachments 3 and 4 of this report. The Planning Commission’s feedback can be summarized as follows:

 General: There was support to enhance the existing community, with a focus on creating a family-friendly environment. The specific plan should ensure improvements are made to educational institutions, through investments and contributions to schools. A need for more housing was recognized, with an emphasis on provisions for senior housing and amenities. Integrate high quality transit into the plan and provide a multi-modal system that allows users to move safely and conveniently to and through the community. The specific plan should integrate actionable strategies from the City's Climate Action Plan, to enhance the resiliency of the area. Boost outreach efforts to gain input from participants that represent a range in socio-economic backgrounds.

 Development Timeline: While there is interest to see built projects occur within the near term (0 - 5 years), a development timeline of 6 to 10 years (medium term) seems most realistic in order to create a holistic plan that accomplishes all of the plan goals. As market conditions will evolve, a flexible plan that can adapt to market changes is most desirable.

 Employment: Employment opportunities should be created in corresponding measure to the housing being developed. The specific plan should promote jobs that allow people to thrive. In the spirit of enhancing the existing community, jobs 655

December 5, 2023
created should elevate the opportunities for local as well as new residents, provide healthy salaries for workers, and encourage foot traffic. Incubator, or innovative co-working spaces, are appealing. Input was received both in favor and not in favor of development of logistics facilities and distribution centers.

 Retail: Retail development should be people-oriented and accessible to by transit, cars, bicycles and pedestrians. An active open space concept provides for a pedestrian connection between the retail/commercial areas and the rest of the community. Retail needs to integrate with the existing Walmart, and should have high visibility from the freeway and main roads. Retail should promote community interaction and cater to the needs of existing and future users.

 Housing: Housing should support and provide options for young families, have a range of affordability levels, and be implemented in a range of densities. This would allow for a critical mass of residents, which is necessary to support and induce new development. Mid-density housing such as townhomes and multifamily housing is supported over single-family detached housing.

Consideration should be given to mixed-use developments that interact with the street face, and urban design strategies that activate spaces.

CONCLUSION:

At the December 5th study session, the Specific Plan team will provide the City Council with an overview of the progression of the concept alternatives, summarize all feedback received on the concept alternatives (including that of the Planning Commission), and solicit additional feedback from the City Council. In addition to feedback on the concept alternatives, the specific plan team will request input on the following:

 How quickly should change happen in the plan area?

 Which employment use types would be the least desirable in the plan area?

 What style of new retail development is most desirable for the plan area?

 Is there support for a reduction to the density minimums at the mall site to spur residential development and other types of development in the plan area?

 Is there support for an increase to the density maximums for the remaining properties in the plan area to spur residential development and other types of development in the plan area?

NEXT STEPS:

The collective Advisory Committee, community/stakeholder, Planning Commission, and City Council feedback will be used by the Specific Plan team to start developing a preferred land use vision for the plan area. Once the preferred land use vision is 656

December 5, 2023
prepared, it will be brought back to the Planning Commission and City Council for confirmation. With the finalization of the preferred land use vision, the Specific Plan team will begin drafting the specific plan document and conduct the appropriate level of environmental review under the California Environmental Quality Act (CEQA). Adoption hearings for the specific plan are currently anticipated to occur by the end of next year; however, this target may change depending on when the preferred land use vision is confirmed.

DOCUMENTS ATTACHED:

Attachment 1 – Map of Hilltop Horizon Specific Plan Area Attachment 2 – City-Developed Concept Alternatives
Attachment 3 – Mall Landowner-Developed Concept Alternatives Attachment 4 – Advisory Committee Meeting #2 Summary
Attachment 5 – Community Workshop #2 Summary
657

September 16, 2025

City Council

DATE: September 16, 2025
TO: Mayor Martinez and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Councilmember Claudia Jimenez and
Councilmember Sue Wilson
Subject:
(This will appear on the agenda)
Communication to the public and counseling for families and witnesses of officer involved shootings or an in-
custody death
FINANCIAL IMPACT: None at this time.

PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
None

STATEMENT OF THE
ISSUE:

To maintain public trust in the event of certain critical incidents involving law enforcement and the public, there is a need to update and revise the communication
protocol as well as to enhance support services for those directly affected by such events. Prioritizing public
communication and offering services such as counseling
or therapeutic support for affected families and witnesses helps restore trust in law enforcement, promote public
safety, and support the well-being of all Richmond
residents.

RECOMMENDED ACTION:
(This will appear on the agenda)
DIRECT the city manager to develop a plan to (1) revise the current communication protocol after an officer
involved shooting or an in-custody death, (2) modify
guidelines for released officer body-cam footage, and (3) issue a Request for Proposal (RFP) to provide
counseling and therapeutic services for families and
witnesses directly affected by officer-involved shootings or in-custody deaths - Councilmember Sue Wilson (510-
AGENDA
REPORT
658

September 16, 2025
609-2111) and Councilmember Claudia Jimenez (510-
620-6743)

DISCUSSION:

The current protocol is for the Richmond Police Department to issue a press release after an officer-involved shooting (See RPD Policy 306.6.4). However, this action proposes that the City Manager – instead of RPD - implement an outlined communications protocol centered on issuing a timely press release when there is an officer-involved shooting or in-custody death The press release would include a description of the investigation process, timelines for public statements, and notification of available resources for witnesses and family members. The City Manager is committed to ensure accuracy, transparency, and cultural sensitivity in all communications. Also as part of the communication protocol, the city will commit itself to strict adherence to California Government Code 7923.625 (AB 748) rules governing the release of officer body worn camera footage, which limits redactions and prohibits editing beyond that which is legally required for safety and privacy.

In addition to communication efforts, the City must take steps to address the individual and community harm that often follows officer-involved shootings or in-custody deaths.

Affected families and witnesses frequently experience trauma that can have lasting mental health impacts that ripple out into the broader community. As such, this item recommends allocating appropriate funding for counseling and therapeutic services to support healing and recovery. These services may include mental health counseling and access to therapeutic care referrals for affected families and witnesses.

Together, these measures aim to promote community safety, rebuild trust between residents and law enforcement, and affirm the City’s commitment to transparency, accountability, and care for its residents and staff.

Communication Protocol Part 1 - Press Release
Within 24 hours of an officer-involved shooting, the City Manager should issue a press release that includes the following key elements:
● City Acknowledgment of Critical Incidents and Community Impact:

Require an official and timely public statement from the City Manager 659

September 16, 2025
acknowledging the incident, expressing empathy for those impacted, and recognizing the trauma and pain experienced by the community. This statement should demonstrate the City's commitment to transparency, accountability, and healing.
● Community Police Review Commission (CPRC):

Clearly identify the CPRC’s role in providing independent and community-based oversight during investigations of critical incidents.
● Richmond Police Department Internal Affairs Investigations:

Outline the internal review process conducted by RPD’s Internal Affairs Division, including what aspects of the incident are investigated and how findings are used.
● District Attorney and/or Department of Justice Involvement:

Clarify when and how the Contra Costa County District Attorney’s Office or the California Department of Justice may initiate independent investigations, particularly in cases involving serious injury or loss of life. ● AB 748 – Release of Body-Worn Camera Footage:

Describe how the City intends to comply with California’s AB 748, which requires the release of audio and video recordings related to “critical incidents,” including officer-involved shootings, within 45 days unless such disclosure would substantially interfere with an active investigation. A link must be provided to either a) a city webpage where the public can view the footage directly or b) a city webpage where the public can make a public records request to obtain the footage.
● Timelines and Process Transparency:

Establish specific timelines for when initial public communications will occur, how often updates will be provided during the investigation period, and what methods (e.g., press releases, public meetings, online updates) will be used to inform the community.
● Access to County Services and Wraparound Support:

Ensure impacted families and witnesses are notified about how to access trauma-informed services, including mental health counseling and long-term care coordination through community-based resources.

Communication Protocol Part 2 – Release of Body-Worn Camera Footage:
● Any and all footage of an officer-involved shooting that is released should include only those redactions that are necessary to protect privacy and safety as defined in California Government Code 7923.625 and do not interfere with the viewer’s ability to fully and accurately comprehend the events. Because California Government Code 7923.625 further states that “the recording shall not otherwise be edited or altered,” the City must release only raw unedited footage subject 660

September 16, 2025
only to the limited redactions required under the law. This reflects the City’s alignment with the state’s legal mandate to transparency, investigative integrity, and public trust.

There are many sources for policy and or practice guidance on navigating the delicate nature of investigations, but important ones that can guide our City are:
● State Bar of California- Rule of Professional Conduct 3.6; and ● U.S Department of Justice, Office of Community Oriented Policing Services (COPS)- STANDARDS AND GUIDELINES FOR INTERNAL AFFAIRS:

Recommendations from a Community of Practice
● AB 748 – Release of Body-Worn Camera Footage
Request for Proposal
The request for staff to issue an RFP aims to increase access to community-based support services for individuals directly affected by officer-involved shootings or in- custody deaths. The goal is to provide support to witnesses and families affected by officer-involved shootings by pairing them up with trained mental health professionals to assist with resource navigation using a trauma-informed and victim-centered framework.

The RFP will include:
● Trauma-Informed and Victim-Centered Approach
All services will prioritize the dignity, agency, and emotional safety of the civilian, avoiding retraumatization and fostering healing.

● Cultural Competency and Language Access
Providers must ensure that staff reflect the diversity of Richmond and that services are accessible across languages and cultures.

Next Steps:

If approved, staff will release the RFP and proceed with the solicitation and evaluation process. Once one or more providers are selected, staff will return to Council with a contract recommendation and funding allocation request.

DOCUMENTS ATTACHED:

Attachment 1 – RPD Policy 306 (Officer Involved Shootings and Deaths) Attachment 2 – RPD Policy 429 (Critical Incident Audio & Video Release Policy)

661
Policy
306
Richmond Police Department
Richmond PD CA Policy Manual
Officer-Involved Shootings and Deaths
306.1 PURPOSE AND SCOPE
The purpose of this policy is to establish policy and procedures for the investigation of an incident in which a person is injured or dies as the result of an officer-involved shooting or dies as a result of another action of an officer.

In other incidents not covered by this policy, the Chief of Police may decide that the investigation will follow the process provided in this policy.
306.2 POLICY
The policy of the Richmond Police Department is to ensure that officer-involved shootings and other incidents investigated under the Law Enforcement Involved Fatality (LEIF) protocol are investigated in a thorough, fair, and impartial manner. 306.3 INVESTIGATION RESPONSIBILITY
This department conforms to the Officer Involved Shooting/Fatal Incident Protocol for investigating officer-involved shootings.
306.4 TYPES OF INVESTIGATIONS
Officer-involved shootings and LEIF incidents involve several separate investigations. The investigations may include:
(a) A criminal investigation of the incident by the agency having jurisdiction where the incident occurred. This department may relinquish its criminal investigation to an outside agency with the approval of the Chief of Police or a Division Commander (b) A criminal investigation of the involved officer(s) conducted by an outside agency (c) A civil investigation to determine potential liability conducted by the involved officer's agency
(d) An administrative investigation conducted by the involved officer's agency, to determine if there were any violations of department policy 306.5 JURISDICTION
Jurisdiction is determined by the location of the shooting or LEIF incident and the agency employing the involved officer(s). The following scenarios outline the jurisdictional responsibilities for investigating officer-involved shootings and LEIF incidents:
306.5.1 RICHMOND POLICE DEPARTMENT OFFICER WITHIN THIS JURISDICTION The Richmond Police Department is responsible for the criminal investigation of the suspect's actions, the civil investigation, and the administrative investigation. The criminal investigation of the officer-involved shooting will be conducted by the District Attorney's Office.

Copyright Lexipol, LLC 2025/04/09, All Rights Reserved.

Published with permission by Richmond Police Department Officer-Involved Shootings and Deaths - 85662
Richmond Police Department
Richmond PD CA Policy Manual
Officer-Involved Shootings and Deaths
306.5.2 ALLIED AGENCY'S OFFICER WITHIN THIS JURISDICTION The Richmond Police Department is responsible for the criminal investigation of the suspect's actions. The criminal investigation of the officer-involved shooting will be conducted by the District Attorney's Office. The officer's employing agency will be responsible for any civil and/or administrative investigation(s).
306.5.3 RICHMOND POLICE DEPARTMENT OFFICER IN ANOTHER JURISDICTION The agency where the incident occurred has criminal jurisdiction and is responsible for the criminal investigation of the incident. That agency may relinquish its criminal investigation of the suspect(s) to another agency. The Richmond Police Department will conduct timely civil and/or administrative investigations.
306.5.4 INVESTIGATION RESPONSIBILITY MATRIX
The following table identifies the possible scenarios and responsibilities for the investigation of officer-involved shootings:

Criminal
Investigation of
Suspect(s)
Criminal
Investigation of
Officer(s)
Civil Investigation Administrative
Investigation
RPD Officer in This
Jurisdiction
RPD Investigators District Attorney's
Office
RPD Civil Liability
Team
RPD Office of
Professional
Accountability
Allied Agency's
Officer in This
Jurisdiction
RPD Investigators District Attorney's
Office
Involved Officer's
Department
Involved Officer's
Department
RPD Officer in
Another
Jurisdiction
Agency where
incident occurred
Decision made
by agency where
incident occurred
RPD Civil Liability
Team
RPD Office of
Professional
Accountability
306.6 INVESTIGATION PROCESS
The following procedures are guidelines used in the investigation of an officer-involved shooting or death.
306.6.1 DUTIES OF INITIAL ON SCENE SUPERVISOR
Upon arrival at the scene of an officer-involved shooting, the first uninvolved supervisor should:
(a) Take all reasonable steps to obtain emergency medical attention for all apparently injured individuals.
(b) Attempt to obtain a brief overview of the situation from any non-shooter officer(s).

1. In the event that there are no non-shooter officers, the supervisor should attempt to obtain a brief voluntary overview from one shooter officer. (c) If necessary, the supervisor shall administratively order any officer from this department to immediately provide public safety information necessary to secure the scene and pursue suspects.

Copyright Lexipol, LLC 2025/04/09, All Rights Reserved.

Published with permission by Richmond Police Department Officer-Involved Shootings and Deaths - 86663
Richmond Police Department
Richmond PD CA Policy Manual
Officer-Involved Shootings and Deaths

1. Public safety information shall be limited to such things as outstanding suspect information, number and direction of shots fired, parameters of the incident scene, the identity of known witnesses, and similar information. (d) Absent a voluntary statement from any officer(s), the initial on-scene supervisor should not attempt to order any officer to provide other than public safety information. (e) Provide all available information to the Watch Commander and Communications Center. If feasible, sensitive information should be communicated over secure networks.
(f) Take command of and secure the incident scene with additional personnel until relieved by a detective supervisor or other assigned personnel. (g) As soon as practical, shooter officers should respond or be transported (separately, if feasible) to the station for further direction.

1. Each involved officer should be given an administrative order not to discuss the incident with other involved officers pending further direction from a supervisor.

2. When an officer's weapon is taken or left at the scene (e.g., evidence), the officer will be provided with a comparable replacement weapon or transported to the station by other officers.
306.6.2 WATCH COMMANDER DUTIES
Upon learning of an officer-involved shooting, the Watch Commander shall be responsible for coordinating all aspects of the incident until relieved by the Investigations Division Commander. 306.6.3 NOTIFICATIONS
The following person(s) shall be notified as soon as practical:
• Chief of Police
• Assistant Chief of Police
• Investigations Bureau Commander
• Operations Bureau Commander
• District Attorney OIS/Fatal Incident Team
• Office of Professional Accountability Manager
• Chairperson of Use of Force Review Board
• Civil Liability Response Team
• Psychological/Peer support personnel
• Coroner (if necessary)
• Officer representative (if requested)
All outside inquiries about the incident shall be directed to the Watch Commander.

Copyright Lexipol, LLC 2025/04/09, All Rights Reserved.

Published with permission by Richmond Police Department Officer-Involved Shootings and Deaths - 87664
Richmond Police Department
Richmond PD CA Policy Manual
Officer-Involved Shootings and Deaths
306.6.4 MEDIA RELATIONS
A single press release shall be prepared with input and concurrence from the supervisor and agency representative responsible for each phase of the investigation. This release will be available to the Watch Commander, Investigative Services Division Commander and Public Information Officer in the event of inquiries from the media.

It will be the policy of this department to not release the identities of involved officers absent their consent or as required by law. Moreover, no involved officer shall be subjected to contact from the media (Government Code § 3303(e)) and no involved officer shall make any comments to the press unless authorized by the Chief of Police or a Division Commander.

Law enforcement officials receiving inquiries regarding incidents occurring in other agency jurisdictions shall refrain from public comment and will direct those inquiries to the agency having jurisdiction and primary responsibility for the investigation. 306.6.5 INVOLVED OFFICERS
Once the involved officer(s) have arrived at their debriefing location, the Watch Commander should admonish each officer that the incident shall not be discussed except with authorized personnel or representatives. The following shall be considered for the involved officer:
(a) Any request for department or legal representation will be accommodated, however, no involved officer shall be permitted to meet collectively or in a group with an attorney or any representative prior to providing a formal interview or report (Government Code § 3303(i)).
(b) Discussions with licensed attorneys will be considered privileged as attorney-client communications.
(c) Discussions with department representatives (e.g., employee association) will be privileged only as to the discussion of non-criminal information. (d) A psychotherapist shall be provided by the Department to each involved officer, or any other officer, upon request.

1. Interviews with a licensed psychotherapist will be considered privileged and will not be disclosed except to the extent that the officer is or is not fit for return to duty.

2. An interview or session with a licensed psychotherapist may take place prior to the involved officer providing a formal interview or report, but the involved officers shall not be permitted to consult or meet collectively or in a group with a licensed psychotherapist prior to providing a formal interview or report. (e) Although the Department will honor the sensitivity of communications with peer counselors, there is no legal privilege to such. Peer counselors are cautioned against discussing the facts of any incident with an involved or witness officer.

Care should be taken to preserve the integrity of any physical evidence present on the officer's equipment or clothing, such as blood or fingerprints until investigators or lab personnel can properly retrieve it.

Copyright Lexipol, LLC 2025/04/09, All Rights Reserved.

Published with permission by Richmond Police Department Officer-Involved Shootings and Deaths - 88665
Richmond Police Department
Richmond PD CA Policy Manual
Officer-Involved Shootings and Deaths
Detectives shall make reasonable accommodations to the officer's physical and emotional needs (Government Code § 3303(d)).

Each involved officer shall be given 3 consecutive days of paid administrative leave following an officer-involved shooting. It shall be the responsibility of the Watch Commander to make schedule adjustments to accommodate such leave. If an officer needs additional days he/she shall be allowed that time off at the discretion of the Chief of Police. 306.6.6 NOTIFICATION TO DEPARTMENT OF JUSTICE
The California Department of Justice (DOJ) is required to investigate an officer-involved shooting resulting in the death of an unarmed civilian. The Investigations Division Commander should promptly notify the DOJ in all incidents involving an officer-involved shooting resulting in the death of an unarmed civilian, including where it is undetermined if the civilian was unarmed.

For purposes of notification, "unarmed civilian" means anyone who is not in possession of a deadly weapon (Government Code § 12525.3).
306.7 CRIMINAL INVESTIGATION
The District Attorney's Office is responsible for the criminal investigation into the circumstances of any officer-involved shooting or death.

If available, investigative personnel from this department may be assigned to partner with investigators from outside agencies or the District Attorney's Office to avoid duplicating efforts in related criminal investigations.

Once public safety issues have been addressed, criminal investigators should be given the opportunity to obtain a voluntary statement from involved officers and complete their interviews.

The following shall be considered for the involved officer:
(a) RPD supervisors and Office of Professional Accountability personnel should not participate directly in any voluntary interview of RPD officers. This will not prohibit such personnel from monitoring interviews or providing the criminal investigators with topics for inquiry.
(b) If requested, any involved officer will be afforded the opportunity to consult individually with a representative of the officer's choosing or an attorney prior to speaking with criminal investigators. However, in order to maintain the integrity of each involved officer's statement, involved officers shall not consult or meet with a representative or an attorney collectively or in groups prior to being interviewed. (c) If any involved officer is physically, emotionally, or otherwise not in a position to provide a voluntary statement when interviewed by criminal investigators, consideration should be given to allowing a reasonable period for the officer to schedule an alternate time for the interview.
(d) Any voluntary statement provided by an involved officer will be made available for inclusion in any related investigation, including administrative investigations. However, no administratively coerced statement will be provided to any criminal investigators unless the officer consents.

Copyright Lexipol, LLC 2025/04/09, All Rights Reserved.

Published with permission by Richmond Police Department Officer-Involved Shootings and Deaths - 89666
Richmond Police Department
Richmond PD CA Policy Manual
Officer-Involved Shootings and Deaths
306.7.1 DETECTIVE PERSONNEL
Once notified of an officer-involved shooting, it shall be the responsibility of the Investigations Division supervisor to assign appropriate detective personnel to handle the investigation of related crimes. Detectives will be assigned to work with investigators from the District Attorney's Office and may be assigned to separately handle the investigation of any related crimes not being investigated by the District Attorney's Office.

All related departmental reports except administrative and/or privileged reports will be forwarded to the designated detective supervisor for approval. Privileged reports shall be maintained exclusively by those personnel authorized such access. Administrative reports will be forwarded to the appropriate Division Commander.
306.7.2 REPORTS BY INVOLVED OFFICERS
In the event that suspects remain outstanding or subject to prosecution for related offenses, this department shall retain the authority to require involved officers to provide sufficient information for related criminal reports to facilitate the apprehension and prosecution of those individuals (Government Code § 3304(a)).

While the involved officer may write the report, it is generally recommended that such reports be completed by assigned investigators who should interview involved officers as victims/witnesses.

Since the purpose of these reports will be to facilitate criminal prosecution, statements of involved officers should focus on evidence to establish the elements of criminal activities by involved suspects. Care should be taken not to duplicate information provided by involved officers in other reports.

Nothing in this section shall be construed to deprive an involved officer of the right to consult with legal counsel prior to completing any such criminal report.

Reports related to the prosecution of criminal suspects will be processed according to normal procedures, but should also be included for reference in the investigation of the officer-involved shooting.
306.7.3 WITNESS IDENTIFICATION AND INTERVIEWS
Because potential witnesses to an officer-involved shooting or other major incidents may become unavailable or the integrity of their statements compromised with the passage of time, a supervisor should take reasonable steps to promptly coordinate with criminal investigators to utilize available personnel for the following:
(a) Identify all persons present at the scene and in the immediate area.

1. When feasible, a recorded statement should be obtained from those persons who claim not to have witnessed the incident but who were present at the time it occurred.

2. Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose Copyright Lexipol, LLC 2025/04/09, All Rights Reserved.

Published with permission by Richmond Police Department Officer-Involved Shootings and Deaths - 90667
Richmond Police Department
Richmond PD CA Policy Manual
Officer-Involved Shootings and Deaths
of identification, officers should attempt to identify the witness prior to his/her departure.
(b) Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by department personnel.

1. A written, verbal, or recorded statement of consent should be obtained prior to transporting a witness in a department vehicle. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transportation.
(c) Assign available personnel to promptly contact the suspect's known family and associates to obtain any available and untainted background information about the suspect's activities and state of mind prior to contact with officers. 306.8 ADMINISTRATIVE INVESTIGATION
In addition to all other investigations associated with an officer-involved shooting, this department will conduct an internal administrative investigation to determine conformance with department policy. This investigation will be conducted under the supervision of the Office of Professional Accountability and will be considered a confidential peace officer personnel file. (a) Any officer involved in a shooting may be administratively compelled to provide a blood sample for alcohol/drug screening. Absent consent from the officer, such compelled samples and the results of any such testing shall not be disclosed to any criminal investigative agency.
(b) If any officer has voluntarily elected to provide a statement to criminal investigators, the assigned administrative investigator should review that statement before proceeding with any further interview of that involved officer.

1. If a further interview of the officer is deemed necessary to determine policy compliance, care should be taken to limit the inquiry to new areas with minimal, if any, duplication of questions addressed in the voluntary statement. The involved officer shall be provided with a copy of his or her prior statement before proceeding with any subsequent interview(s) (Government Code § 3303(g)) (c) In the event that an involved officer has elected to not provide criminal investigators with a voluntary statement, the assigned administrative investigator shall conduct an administrative interview to determine all relevant information.

1. Although this interview should not be unreasonably delayed, care should be taken to ensure that the officer'(s) physical and psychological needs have been addressed before commencing the interview.

2. If requested, the officer shall have the opportunity to select an uninvolved representative to be present during the interview (Government Code § 3303(i)).

However, in order to maintain the integrity of each individual officer's statement, the involved officers shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed.

Copyright Lexipol, LLC 2025/04/09, All Rights Reserved.

Published with permission by Richmond Police Department Officer-Involved Shootings and Deaths - 91668
Richmond Police Department
Richmond PD CA Policy Manual
Officer-Involved Shootings and Deaths

3. Administrative interview(s) should be recorded by the investigator (the officer may also record the interview) (Government Code § 3303(g)).

4. The officer shall be informed of all constitutional Miranda rights (Government Code § 3303(h)) and, assuming no voluntary waiver, will then be given an administrative order to provide full and truthful answers to all questions (Government Code § 3303(e)). The officer shall be informed, however, that the interview will be for administrative purposes only and that the statement cannot be used criminally (The Lybarger or Garrity admonishment).

5. The administrative interview shall be considered part of the officer's confidential personnel file.

6. The Office of Professional Accountability shall compile all relevant information and reports necessary for the Department to determine compliance with applicable policies.

7. The completed administrative investigation shall be submitted to the Use of Force Review Board, which will restrict its findings as to whether there was compliance with the Department's use of deadly force policy.

8. Any other indications of potential policy violations shall be determined in accordance with standard disciplinary procedures.
306.8.1 CIVIL LIABILITY RESPONSE
A member of this department may be assigned to work exclusively under the direction of the legal counsel for the Department to assist in the preparation of materials deemed necessary in anticipation of potential civil litigation.

All materials generated in this capacity shall be considered attorney work product and may not be used for any other purpose. The civil liability response is not intended to interfere with any other investigation, but shall be given reasonable access to all other investigations. 306.9 AUDIO AND VIDEO RECORDINGS
In instances when administrative investigations are undertaken where any audio or video recordings of the incident exist, the initial interview of the subject employee shall occur before the employee has reviewed the recordings.

Upon request, non-law enforcement witnesses who are able to verify their presence and their ability to contemporaneously perceive events at the scene of an incident may also be permitted to review available BWC or other video or audio recordings with the approval of assigned investigators or a supervisor.

Any BWC and other known video or audio recordings of an incident should not be publicly released during an ongoing investigation without consulting the District Attorney or City Attorney's Office as appropriate.

Copyright Lexipol, LLC 2025/04/09, All Rights Reserved.

Published with permission by Richmond Police Department Officer-Involved Shootings and Deaths - 92669
Policy
429
Richmond Police Department
Richmond PD CA Policy Manual
Critical Incident Audio & Video Release Policy
429.1 PURPOSE
This policy sets the standards and criteria for the public release of audio recordings and video that capture critical incidents involving the Richmond Police Department personnel. This policy is intended to balance two important interests: the public’s interest in transparency and the privacy interests of the individuals depicted in the videos. The public has a strong interest in obtaining timely access to information, including video and audio footage, regarding incidents where officers discharge a firearm at a person and where the use of force by an officer against a person results in death or in great bodily injury. At the same time, the individuals who appear in these videos have a privacy interest that must be considered. These individuals include not only the involved individuals and the police officers, but also witnesses, bystanders, and the subject upon whom force is used.

In recognizing that one officer’s audio/video recording may not present an accurate or complete portrayal of the incident, the Richmond Police Department will also provide the necessary context when releasing audio/video so that the public has the most accurate picture of what occurred based on the information known at the time of the release of the video. 429.2 POLICY
It is the policy of the Richmond Police Department that audio and video evidence in the Department’s possession is released consistent with Penal Code 832.7 and the California Public Records Act (Government Code §§ 6254), as amended by SB 1421 and AB 748.The release shall consist of relevant video imagery and audio that depicts the events leading up to and including the incident.
429.3 CRITICAL INCIDENTS
This policy applies to video imagery and audio concerning the following types of Critical Incidents:

1. Incident involving the discharge of a firearm at a person by an officer.

2. Incident in which the use of force by an officer against a person results in death or great bodily injury.

The Chief of Police and/or his designee may release video/audio of any other police encounter if he/she determines the release is in the public interest and exigent circumstances warrant release. 429.4 PRIVACY
If the Department demonstrates, on the facts of the particular case, that the public interest in withholding a video or audio recording clearly outweighs the public interest in disclosure because the release of the recording would, based on the facts and circumstances depicted in the recording, violate the reasonable expectation of privacy of a subject depicted in the recording, the Department shall provide in writing to the requester the specific basis for the expectation of privacy and the public interest served by withholding the recording and may use redaction technology, including blurring or distorting images or audio, to obscure those specific portions of the recording that Copyright Lexipol, LLC 2025/04/09, All Rights Reserved.

Published with permission by Richmond Police Department Critical Incident Audio & Video Release Policy
- 432670
Richmond Police Department
Richmond PD CA Policy Manual
Critical Incident Audio & Video Release Policy
protect that interest. However, the redaction shall not interfere with the viewer's ability to fully, completely, and accurately comprehend the events captured in the recording and the recording shall not otherwise be edited or altered.

If the Department demonstrates that the reasonable expectation of privacy of a subject depicted in the recording cannot adequately be protected through redaction and that interest outweighs the public interest in disclosure, the Department may withhold the recording from the public, except that the recording, either redacted as provided in clause (i) or unredacted, shall be disclosed promptly, upon request, to any of the following:
(I) the subject of the recording whose privacy is to be protected, or his or her authorized representative.
(2) If the subject is a minor, the parent or legal guardian of the subject whose privacy is to be protected.
(3) If the subject whose privacy is to be protected is deceased, an heir, beneficiary, designated immediate family member, or authorized legal representative of the deceased subject whose privacy is to be protected.
429.5 NOTIFICATIONS
When a request for critical incident audio or video is made pursuant to Penal Code 832.7, the Department shall attempt to notify the affected subject officer(s) in writing within 24 hours, or as soon as reasonably possible, that a request was received.

Barring exigent circumstances, the Department shall attempt to notify the following individuals 72 hours prior to the release of video imagery or audio:
• Officers depicted in the video and/or involved in the use of force; • Subject(s) upon whom force was used;
• Other individuals or entities that may have a privacy interest in the video imagery or audio.
429.6 TIMING OF DISCLOSURE
During an active criminal or administrative investigation, disclosure of a recording related to a critical incident may be delayed for no longer than forty-five (45) calendar days after the date the Richmond Police Department knew or reasonably should have known about the incident, if, based on the facts and circumstances depicted in the recording, disclosure would substantially interfere with the investigation, such as endangering the safety of a witness or a confidential source. (Government Code § 6254(f)(4)(A)). If the Department delays disclosure, the Department shall provide in writing to the requestor the specific basis for the Department’s determination that disclosure would substantially interfere with the investigation and the estimated date for disclosure.

Copyright Lexipol, LLC 2025/04/09, All Rights Reserved.

Published with permission by Richmond Police Department Critical Incident Audio & Video Release Policy
- 433671
Richmond Police Department
Richmond PD CA Policy Manual
Critical Incident Audio & Video Release Policy
After 45 days from the date the Department knew or reasonably should have known about the incident and up to one year from that date, the Department may continue to delay disclosure of a recording if the Department determines that disclosure would substantially interfere with the investigation.

After one year from the date the Department knew or reasonably should have known about the incident, the agency may continue to delay disclosure of a recording only if the Department demonstrates by clear and convincing evidence that disclosure would substantially interfere with the investigation. If the Department delays disclosure pursuant to this clause, the Department shall promptly provide in writing to the requester the specific basis for the Department’s determination that the interest in preventing interference with an active investigation outweighs the public interest in disclosure and provide the estimated date for the disclosure.

The Department shall reassess withholding and notify the requester every 30 days. A recording withheld by the Department shall be disclosed promptly when the specific basis for withholding is resolved.

Copyright Lexipol, LLC 2025/04/09, All Rights Reserved.

Published with permission by Richmond Police Department Critical Incident Audio & Video Release Policy
- 434672